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                                                                                     U.S. POSTAGE
                                                                                         PAID
COMMONWEALTH OF KENTUCKY                                                             LOUISVILLE, KY
  DEPARTMENT OF REVENUE                                                             PERMIT NO. 2000
 FRANKFORT, KENTUCKY 40620
42A740-NP(P) (10-08)
                 740-NP
                                                                       2008 Kentucky
                                                                     Income Tax Return
                                                                       Nonresident or
                                                                     Part-Year Resident
      Who must file Form 740-NP?
      •   Full-year nonresidents with income from Kentucky sources
      •   Persons moving into Kentucky
      •   Persons moving out of Kentucky
SSN NEEDED
Put Your Social Security Number on Your Return—To
protect your privacy, your Social Security number
(SSN) is not printed on the peel-off label.This means
that you must enter your SSN in the appropriate
boxes on your return. If you are married filing a joint
return, also enter your spouse’s SSN.




                                        Kentucky Department of Revenue Mission Statement

                                  As part of the Finance and Administration Cabinet, the mission
                                  of the Kentucky Department of Revenue is to administer tax
                                  laws, collect revenue, and provide services in a fair, courteous,
                                  and efficient manner for the benefit of the Commonwealth and
                                  its citizens.



                                  The Kentucky Department of Revenue does not discriminate
                                  on the basis of race, color, national origin, sex, religion, age or
                                  disability in employment or the provision of services.
Please use the
Preprinted Labels
(See the instructions for
  more information on
   use of the labels.)




                                          E
                                       PL
                                    M
                                 SA
                                                          Extra
                                                        Postage
                                                         May Be
                                                        Required




                                 LE
                               MP
                            KENTUCKY DEPARTMENT OF REVENUE
                            FRANKFORT KY 40618-0006




                            SA
YOUR RIGHTS AS A KENTUCKY TAXPAYER

                                                                    •
As a Kentucky taxpayer, you have the right to expect the DOR            extension of time for filing reports or returns; and
to honor its mission and uphold your rights every time you          •   payment of charges incurred resulting from an erroneous
contact or are contacted by the DOR.                                    filing of a lien or levy by the DOR.
                                                                    Guarantee—You have the right to a guarantee that DOR
RIGHTS OF TAXPAYER
                                                                    employees are not paid, evaluated or promoted based on
                                                                    taxes assessed or collected, or a tax assessment or collection
Privacy—You have the right to privacy of information provided
                                                                    quota or goal imposed or suggested.
to the DOR.

                                                                    Damages—You have the right to file a claim for actual and
Assistance—You have the right to advice and assistance from
                                                                    direct monetary damages with the Kentucky Board of Claims
the DOR in complying with state tax laws.
                                                                    if a DOR employee willfully, recklessly and intentionally
Explanation—You have the right to a clear and concise               disregards your rights as a Kentucky taxpayer.
explanation of:
                                                                    Interest—You may have the right to receive interest on an
•   basis of assessment of additional taxes, interest and
                                                                    overpayment of tax.
    penalties, or the denial or reduction of any refund or credit
    claim;
                                                                    DEPARTMENT OF REVENUE RESPONSIBILITIES
•   procedure for protest and appeal of a determination of the
    DOR; and
                                                                    The DOR has the responsibility to:
•   tax laws and changes in tax laws so that you can comply
                                                                    •   perform audits, conduct conferences and hearings with
    with the law.
                                                                        you at reasonable times and places;
                                                                    •
Protest and Appeal—You have the right to protest and                    authorize, require or conduct an investigation or surveillance
appeal a determination of the DOR if you disagree with an               of you only if it relates to a tax matter;
assessment of tax or penalty, reduction or a denial of a refund,    •   make a written request for payment of delinquent taxes
a revocation of a license or permit, or other determination             which are due and payable at least 30 days prior to seizure
made by the DOR.                                                        and sale of your assets;
                                                                    •   conduct educational and informational programs to help
Conference—You have the right to request a conference to
                                                                        you understand and comply with the laws;
discuss the issue.
                                                                    •   publish clear and simple statements to explain tax
Representation—You have the right to representation by your             procedures, remedies, your rights and obligations, and
authorized agent (attorney, accountant or other person) in any          the rights and obligations of the DOR;
hearing or conference with the DOR. You have the right to be
                                                                    •   notify you in writing when an erroneous lien or levy is
informed of this right prior to the conference or hearing. If
                                                                        released and, if requested, notify major credit reporting
you intend for your representative to attend the conference
                                                                        companies in counties where lien was filed;
or hearing in your place, you may be required to give your
                                                                    •   advise you of procedures, remedies and your rights and
representative a power of attorney before the DOR can discuss
                                                                        obligations with an original notice of audit or when an
tax matters with your authorized agent.
                                                                        original notice of tax due is issued, a refund or credit is
                                                                        denied or reduced, or whenever a license or permit is
Recordings—You have the right to make an audio recording of
                                                                        denied, revoked or canceled;
any meeting, conference, or hearing with the DOR. The DOR
                                                                    •
has the right to make an audio recording, if you are notified            notify you in writing prior to termination or modification
in writing in advance or if you make a recording. You have              of a payment agreement;
the right to receive a copy of the recording.                       •   furnish copies of the agent’s audit workpapers and a written
                                                                        narrative explaining the reason(s) for the assessment;
Consideration—You have the right to consideration of:
                                                                    •   resolve tax controversies on a fair and equitable basis at
•   waiver of penalties or collection fees if “reasonable cause”        the administrative level whenever possible; and
    for reduction or waiver is given (“reasonable cause” is
                                                                    •   notify you in writing at your last known address at least 60
    defined in KRS 131.010(9) as: “an event, happening, or
                                                                        days prior to publishing your name on a list of delinquent
    circumstance entirely beyond the knowledge or control of
                                                                        taxpayers for which a tax or judgment lien has been
    a taxpayer who has exercised due care and prudence in
                                                                        filed.
    the filing of a return or report or the payment of monies
                                                                                    **************
    due the department pursuant to law or administrative
    regulation”);
                                                                    This information merely summarizes your rights as a
•   installment payments of delinquent taxes, interest and          Kentucky taxpayer and the responsibilities of the Department
    penalties;                                                      of Revenue. The Kentucky Taxpayers’ Bill of Rights may be
•                                                                   found in the Kentucky Revised Statutes (KRS) at Chapter
    waiver of interest and penalties, but not taxes, resulting
                                                                    131.041—131.081. Additional rights and responsibilities are
    from incorrect written advice from the DOR if all facts were
                                                                    provided for in KRS 131.020, 131.110, 131.170, 131.183, 131.500,
    given and the law did not change or the courts did not issue
                                                                    131.654, 133.120, 133.130, 134.580 and 134.590.
    a ruling to the contrary;
What’s New
STANDARD DEDUCTION—For 2008, the standard deduction               tax credit cap by a fraction, the numerator of which is the
is $2,100.                                                        amount of approved credit for the ethanol producer and
                                                                  the denominator of which is the total approved credit for all
FAMILY SIZE TAX CREDIT—This credit provides benefits to            ethanol producers. The credit allowed shall be applied both
individuals and families at incomes up to 133 percent of the      to the income tax imposed under KRS 141.020 or 141.040 and
threshold amount based on the federal poverty level. The          to the limited liability entity tax imposed under KRS 141.0401,
2008 threshold amount is $10,400 for a family size of one,        with the ordering of credits as provided in KRS 141.0205. Any
$14,000 for a family of two, $17,600 for a family of three and    remaining ethanol credit shall be disallowed and shall not
$21,200 for a family of four or more.                             be carried forward to the next year.

MORTGAGE DEBT FORGIVENESS (not an allowable                       CELLULOSIC ETHANOL TAX CREDIT—For taxable years
exclusion from income for Kentucky tax purposes)—The              beginning after December 31, 2007, a cellulosic ethanol
Mortgage Forgiveness Debt Relief Act of 2007 was enacted          producer shall be eligible for a nonrefundable tax credit
to provide relief to those families who have been adversely       against the taxes imposed by KRS 141.020 or 141.040 and
affected by problems in the subprime mortgage market.This         141.0401 in an amount certified by the department. The
act provides federal income tax relief to those families by       credit rate shall be one dollar ($1) per cellulosic ethanol
permanently excluding mortgage debt forgiven by a lender.         gallon produced, unless the total amount of approved credit
However, because Kentucky has not adopted this legislation,       for all cellulosic ethanol producers exceeds the annual
any mortgage debt forgiveness will still be considered
                                                                  cellulosic ethanol tax credit cap. If the total amount of
income for Kentucky purposes and subject to Kentucky
                                                                  approved credit for all cellulosic ethanol producers exceeds
tax. Therefore, this income must be reported in Section D,
                                                                  the annual cellulosic ethanol tax credit cap, the department
Line 16, Column B.
                                                                  shall determine the amount of credit each cellulosic ethanol
                                                                  producer receives by multiplying the annual cellulosic
ETHANOL TAX CREDIT—For taxable years beginning after
                                                                  ethanol tax credit cap by a fraction, the numerator of which
December 31, 2007, an ethanol producer shall be eligible
                                                                  is the amount of approved credit for the cellulosic ethanol
for a nonrefundable tax credit against the taxes imposed by
                                                                  producer and the denominator of which is the total approved
KRS 141.020 or 141.040 and 141.0401 in an amount certified
                                                                  credit for all cellulosic ethanol producers. The credit allowed
by the department.The credit rate shall be one dollar ($1) per
                                                                  shall be applied both to the income tax imposed under
ethanol gallon produced, unless the total amount of approved
                                                                  KRS 141.020 or 141.040 and to the limited liability entity tax
credit for all ethanol producers exceeds the annual ethanol
                                                                  imposed under KRS 141.0401, with the ordering of credits as
tax credit cap. If the total amount of approved credit for all
                                                                  provided in KRS 141.0205. Any remaining cellulosic ethanol
ethanol producers exceeds the annual ethanol tax credit cap,
                                                                  credit shall be disallowed and shall not be carried forward
the department shall determine the amount of credit each
ethanol producer receives by multiplying the annual ethanol       to the next year.




                                                                  Amended returns may be filed for the year the soldier was
OHIO RESIDENTS—Effective for calendar years beginning on
                                                                  killed in the line of duty and the year prior to the year of
or after January 1, 2007, the reciprocity agreement with Ohio
                                                                  death.The amended returns must be filed within the statute of
shall not apply with respect to wages which an S corporation
                                                                  limitations period; four years from the due date, the extended
pays to a shareholder-employee if the shareholder-employee
                                                                  due date or the date the tax was paid, whichever is later.
is a “twenty (20) percent or greater” direct or indirect equity
investor in the S corporation. Those wages referenced will
                                                                  If a combined return was filed, the exclusion would apply to
be taxable to Kentucky and not eligible to be exempted under
                                                                  the income reported in Column A or Column B of the Kentucky
the reciprocity agreement.
                                                                  return attributable to the military member. If a joint return was
                                                                  filed, the income must be separated accordingly. Refunds will
DEATH OF MILITARY PERSONNEL KILLED IN THE LINE OF
                                                                  be issued in the names on the original return. Beneficiaries
DUTY—HB 380 amended KRS 141.010 to exempt all income
                                                                  or estates that received death benefits that were included in
earned by soldiers killed in the line of duty from Kentucky tax
                                                                  a Kentucky return may file an amended return to request a
for the years during which the death occurred and the year
                                                                  refund of taxes paid on the benefit.
prior to the year during which the death occurred.
                                                                  The Department of Revenue will use the Veterans
The changes are applicable for tax years beginning after          Administration definition for “in the line of duty, which”
December 31, 2001. The income exclusion applies to all            states that a soldier is in the line of duty when he is in active
income from all sources of the decedent, not just military        military service, whether on active duty or authorized leave;
income. The exclusion includes all federal and state death        unless the death was the result of the person’s own willful
benefits payable to the estate or any beneficiaries.                misconduct.
2008 FEDERAL/KENTUCKY INDIVIDUAL INCOME TAX DIFFERENCES


Kentucky income tax law is based on the federal income                   The chart below provides a quick reference guide to the
tax law in effect on December 31, 2006. The Department of                major federal/Kentucky differences. It is not intended to be all
Revenue generally follows the administrative regulations and             inclusive. Items not listed may be referred to the Department
rulings of the Internal Revenue Service in those areas where             of Revenue to determine Kentucky tax treatment.
no specific Kentucky law exists.



                                                                            FEDERAL                            KENTUCKY
                          PROVISION
                                                                         TAX TREATMENT                       TAX TREATMENT



   1. Interest from Federal Obligations                        Taxable                                 Exempt

   2. Retirement Income from:
                                                                                                       Partially exempt if retired
                                                                                                         after December 31, 1997;
        Commonwealth of Kentucky Retirement Systems            Taxable
                                                                                                         exempt if retired before
        Kentucky Local Government Retirement Systems           Taxable                                   January 1, 1998;
                                                                                                         Schedule P may be required
        Federal and Military Retirement Systems                Taxable
   3. Pensions and Annuities Starting After 7/1/86             3-year recovery rule eliminated         3-year recovery rule retained
        and Before 1/1/90
   4. Other Pension and Annuity Income                         Taxable                                 100% excludable up to $41,110;
                                                                                                         Schedule P may be required
   5. Benefits from U.S. Railroad Retirement Board              May be taxable                          Exempt; Schedule P may be
                                                                                                         required
   6.   Social Security Benefits                                May be taxable                          Exempt
   7.   Capital Gains on Sale of Kentucky Turnpike Bonds       Taxable                                 Exempt
   8.   Other States’ Municipal Bond Interest Income           Exempt                                  Taxable
   9.   Kentucky Local Government Lease Interest Payments      Taxable                                 Exempt
  10.   Long-Term Care Insurance Premiums Paid With            Limited deduction as self-employed      100% adjustment to gross
          After-Tax Dollars                                      health insurance                        income
  11.   Medical and Dental Insurance Premiums Paid With        Limited deduction as self-employed      100% adjustment to gross
          After-Tax Dollars                                      health insurance                        income
  12.   Capital Gains on Property Taken by                     Taxable                                 Exempt
          Eminent Domain
  13.   Election Workers—Income for Training or                Taxable                                 Exempt
          Working at Election Booths
  14.   Artistic Contributions                                 Noncash contribution allowed as         Appraised value allowed as
                                                                itemized deduction                       itemized deduction or
                                                                                                         adjustment to income
  15. State Income Taxes                                       Deductible                              Nondeductible
  16. Leasehold Interest—Charitable Contribution               May be deductible                       Deductible; Schedule HH
                                                                                                         required
  17. Kentucky Unemployment Tax Credit                         No credit allowed                       $100 per certified employee;
                                                                                                         Schedule UTC required
  18. Work Opportunity Credit (federal Form 5884)              Tax credit allowed; wage expense        No credit allowed; entire wage
                                                                 reduced by amount of credit             expense is deductible
  19. Welfare to Work Credit (federal Form 8861)               Tax credit allowed; wage expense        No credit allowed; wage expense
                                                                 reduced by amount of credit             reduced by amount of federal
                                                                                                         credit
  20. Child and Dependent Care Credit                          Tax credit based on expenses            20% of federal credit
  21. Family Size Tax Credit                                   No credit allowed                       Decreasing tax credit allowed
  22. Education Tuition Tax Credit                             Tax credit based on expenses            25% of federal credit for
                                                                                                         Kentucky undergraduate
                                                                                                         studies
  23. Taxpayer Who May be Claimed as Dependent                 May not claim self                      May claim self
        on Another’s Return (i.e., full-time student)
  24. Child’s Income Reported by Parent                        Permitted; taxed at parent’s rate       Not permitted
  25. National Tobacco Settlement TLAP Income                  Taxable                                 Exempt
        Quota Buyout (including imputed interest)
  26. Bonus Depreciation/Additional Section 179 Expense        Deductible                              Nondeductible
  27. Mortgage Debt Forgiveness                                Exempt                                  Taxable
INSTRUCTIONS FOR 2008 KENTUCKY FORM 740-NP
42A740-NP(I)
                             NONRESIDENT OR PART-YEAR RESIDENT INCOME TAX RETURN
10-08

                                                                      Individuals who are residents of Kentucky for the entire tax
                    TAXPAYER ASSISTANCE                               year must use Form 740 or Form 740-EZ. Persons who maintain
                                                                      a permanent residence in Kentucky (i.e., are domiciled in
 Automated Refund and Tax Information System
                                                                      Kentucky) are considered residents. Persons not domiciled
                                                                      in Kentucky but who live in Kentucky for more than 183 days
 Information may be obtained on the status of income tax
                                                                      during the tax year are also considered residents.
 refunds by using the department's automated refund and tax
 information system (ARTIS). This service is available 24 hours
                                                                      Full-year nonresidents must report all income from Kentucky
 a day.
                                                                      sources (including distributive share income, Schedule K-1),
 A touch-tone telephone and the following information from            from activities carried on in Kentucky or from the performance
 your return will be required:                                        of services in Kentucky, and from property located in
 • Social Security number listed in block B on your return.           Kentucky.
 • The exact whole-dollar amount to be refunded to you.
                                                                      Persons moving into Kentucky must report income received
 Once you have the required information, call (502) 564-1600
                                                                      from Kentucky sources prior to becoming residents and
 and follow the recorded instructions.
                                                                      income received from all sources after becoming Kentucky
 If during the call you do not receive a refund mailing date,         residents.
 please allow seven days before calling again.
                                                                      Residents moving out of Kentucky during the year must report
 Information and forms are available from the following Ken-          income from all sources while a resident and from Kentucky
 tucky Taxpayer Service Centers:                                      sources while a nonresident.
 Ashland
                                                                      Reciprocal States—Kentucky has reciprocal agreements with
 134 Sixteenth Street, 41101-7670
                                                                      specific states. These agreements provide for taxpayers to
 (606) 920-2037
                                                                      be taxed by their state of residence, and not the state where
 Bowling Green
                                                                      income is earned. Reciprocity does not apply to persons who
 201 West Professional Park Court, 42104-3278
                                                                      live in Kentucky for more than 183 days during the tax year.
 (270) 746-7470
                                                                      The states and types of exemptions are as follows:
 Central Kentucky (Frankfort)
 501 High Street, 40620                                                  Illinois, West Virginia—wages and salaries
 (502) 564-4581 (General Information)                                    Indiana—wages, salaries and commissions
 (502) 564-3658 (Forms)
                                                                         Michigan, Wisconsin—income from personal services
 www.revenue.ky.gov
                                                                             (including salaries and wages)
 Corbin
                                                                         Ohio—wages and salaries. Note: Wages which an S
 15100 North US 25E
                                                                             corporation pays to a shareholder-employee if the share-
 Suite 2, 40701-6188
                                                                             holder-employee is a “twenty (20) percent or greater”
 (606) 528-3322
                                                                             direct or indirect equity investor in the S corporation
 Hopkinsville
                                                                             shall not be exempt under the reciprocity agreement.
 181 Hammond Drive, 42240-7926
                                                                         Virginia—commuting daily, salaries and wages
 (270) 889-6521
 Louisville                                                           Taxpayers who qualify for this exemption and have no other
 600 West Cedar Street, 2nd Floor West, 40202-2310                    Kentucky taxable income should file Form 740-NP-R, Kentucky
 (502) 595-4512                                                       Income Tax Return, Nonresident–Reciprocal State, to obtain
                                                                      a refund. Also, nonresidents who qualify for the exemption
 Northern Kentucky
 Turfway Ridge Office Park                                             should file Form 42A809, Certificate of Nonresidence, with
 7310 Turfway Road, Suite 190                                         their employer to exempt their future wages from Kentucky
 Florence, 41042-4871                                                 withholding.
 (859) 371-9049
                                                                      Gambling income and distributive share income (Schedule
 Owensboro
                                                                      K-1) are not exempt under reciprocal agreements. This income
 311 West Second Street, 42301-0734
                                                                      is fully taxable. A complete return must be filed if filing
 (270) 687-7301
                                                                      requirements are met.
 Paducah
 Clark Business Complex, Suite G
                                                                      Military Personnel—Members of the Armed Forces are required
 2928 Park Avenue, 42001-4024
                                                                      to file state income tax returns with their state of legal domicile,
 (270) 575-7148
                                                                      which usually is the state of residence prior to entering military
 Pikeville                                                            service. Nonresident military personnel with civilian jobs in
 Uniplex Center
                                                                      Kentucky are required to report this income on Form 740-NP
 126 Trivette Drive, Suite 203, 41501-1275
                                                                      except residents of reciprocal states (see reciprocal states
 (606) 433-7675
                                                                      above). Any income from nonmilitary Kentucky sources is
                                                                      also taxable.
WHO MUST FILE FORM 740-NP—Form 740-NP must be used                    Any income earned in a combat zone that is exempt for federal
by full-year nonresidents who had income from Kentucky                tax purposes is also exempt for Kentucky tax purposes.
sources and by part-year residents who had income while a
Kentucky resident or from Kentucky sources while a nonresi-           A civilian spouse who lives or works in Kentucky may be
dent. These persons must file Form 740-NP if (1) they had any          required to file as resident, part-year resident or nonresident
gross income from Kentucky sources and gross income from              based on the situation (see above).
all sources in excess of modified gross income for their family
                                                                      Military Personnel Eligible for Combat Zone Exten-
size, or (2) Kentucky gross receipts from self-employment in
                                                                      sion—Members of the Army, Navy, Marines, Air Force, or
excess of modified gross income for their family size. See
                                                                      Public Health Service of the United States government who
Chart A on page 2.

                                                                  1
serve in an area designated as a combat zone by presidential                              years of the due date of the original return. You are required
proclamation shall not be required to file an income tax return                            to file an amended return to report omitted income.
and pay the taxes, which would otherwise become due dur-                                  When filing an amended return, check the box on Form 740-NP
ing the period of service, until 12 months after the service is                           and attach a detailed explanation of the changes to income,
completed. Members of the National Guard or any branch of                                 deductions and tax. Submit a completed Kentucky return and
the Reserves called to active duty to serve in a combat zone                              corrected federal schedules, if applicable. If you do not attach
are granted the same extension.                                                           the required information, processing of your amended return
                                                                                          may be delayed.
                                      Chart A
                                                                                          COMPOSITE RETURNS—Do not include a nonresident indi-
                                                    Your Modified Gross
                                                                                          vidual (includes an estate or trust partner, member or share-
      If Your Family Size is:                     Income is greater than:
                                                                                          holder), partner, member or shareholder in a composite return
   One.............................   and   ............................   $ 10,400       if the partner’s, member’s or shareholder’s distributive share
   Two ............................   and   ............................   $ 14,000       income was subject to withholding and reported on Form
                                                                                          740NP-WH and PTE-WH.
   Three ..........................   and   ............................   $ 17,600
                                                                                          The composite return applies only to a nonresident individual
   Four or More .............         and   ............................   $ 21,200
                                                                                          (includes an estate or trust partner, member or shareholder),
                                                                                          partner, member or shareholder whose distributive share was
MODIFIED GROSS INCOME AND FAMILY SIZE
                                                                                          not subject to withholding as provided by KRS 141.206(4), and
(Use With Chart A)
                                                                                          the partner, member or shareholder elects to be included in a
Family Size—Consists of yourself, your spouse if married and                              composite return as provided by KRS 141.206(13).
living in the same household and qualifying children. Family
                                                                                          For taxable years beginning on or after January 1, 2007, the
size is limited to four.
                                                                                          Department of Revenue will permit the filing of a “composite
Qualifying Dependent Child—Means a qualifying child as
                                                                                          return” as provided by KRS 141.206(13) on behalf of electing
defined in Internal Revenue Code Section 152(c), and includes
                                                                                          nonresident individual partners, members or shareholders of
a child who lives in the household but cannot be claimed as a
                                                                                          a pass-through entity as defined in KRS 141.010(26). Income
dependent if the provisions of Internal Revenue Code Section
                                                                                          tax will be computed at the highest marginal rate provided in
152(e)(2) and 152(e)(4) apply. In general, to be a taxpayer’s
                                                                                          KRS 141.020 on the partner’s, member’s or shareholder’s pro
qualifying child, a person must satisfy four tests:
                                                                                          rata share of the distributive share income from a pass-through
• Relationship—The taxpayer’s child or stepchild (whether by                              entity doing business in, or deriving income from sources
    blood or adoption), foster child, sibling or stepsibling, or a                        within Kentucky. The partners’, members’ or shareholders’
    descendant of one of these.                                                           distributive share of income shall include all items of income
• Residence—Has the same principal residence as the tax-                                  or deduction used to compute adjusted gross income on the
    payer for more than half the tax year. A qualifying child is                          Kentucky return that is passed through to the partner, member
    determined without regard to the exception for children of                            or shareholder by the pass-through entity, including but not
    divorced or separated parents. Other federal exceptions                               limited to interest, dividend, capital gains or losses, guaranteed
    apply.                                                                                payments and rents (KRS 141.206(13)).
• Age—Must be under the age of 19 at the end of the tax year,
                                                                                          The composite return of a pass-through entity shall be
    or under the age of 24 if a full-time student for at least five
                                                                                          filed with the Department of Revenue, on Form 740-NP,
    months of the year, or be permanently and totally disabled
                                                                                          Kentucky Individual Income Tax Return Nonresident or
    at any time during the year.
                                                                                          Part-Year Resident. The composite return box on the front
• Support—Did not provide more than one-half of his/her
                                                                                          of the Form 740-NP return shall be checked to indicate that
    own support for the year.
                                                                                          this is a composite return, and a schedule shall be attached
Modified Gross Income—Modified gross income is the greater                                  reporting each of the electing nonresident individual partner’s,
of federal adjusted gross income adjusted to include inter-                               member’s or shareholder’s name, address, social security
est income derived from municipal bonds (non-Kentucky)                                    number, net distributive share income and tax due. The tax
and lump-sum pension distributions not included in federal                                due for all electing partners, members or shareholders shall
adjusted gross income; or Kentucky adjusted gross income ad-                              be remitted with the composite return. A pass-through entity
justed to include lump-sum pension distributions not included                             filing a composite return shall make estimated tax payments
in federal adjusted gross income.                                                         if required by the provisions of KRS 141.300.
WHEN TO FILE—April 15, 2009, is the filing deadline for persons                            CONFIDENTIALITY—Kentucky Revised Statute 131.190 requires
reporting income for calendar year 2008. To avoid penalties                               the Department of Revenue to maintain strict confidentiality
and interest, returns must be postmarked no later than April                              of all taxpayer records. No employee of the Department of
15, 2009.                                                                                 Revenue may divulge any information regarding the tax
                                                                                          returns, schedules or reports required to be filed. However,
SSN NEEDED—Put Your Social Security Number on Your
                                                                                          the Department of Revenue is not prohibited from providing
Return—To protect your privacy, your Social Security number
                                                                                          evidence to or testifying in any court of law concerning official
(SSN) is not printed on the peel-off label. This means that you
                                                                                          tax records.
must enter your SSN in the appropriate boxes on your return.
If you are married, also enter your spouse’s SSN.                                         The department may provide official information on a confi-
                                                                                          dential basis to the Internal Revenue Service or to any other
ADDRESS LABELS—Use the preprinted, bar-coded labels
                                                                                          governmental agency with which it has an exchange of infor-
provided. The primary Social Security number has been
                                                                                          mation agreement whereby the department receives similar
converted to UPC bar code that can be read by scanners.
                                                                                          or useful information in return.
This will enable us to tell you that your return has been
received. If the address is incorrect, draw a line through the                            REPORTING PERIODS AND ACCOUNTING PROCEDURES—
incorrect information and print the correct address. If the                               Kentucky law requires taxpayers to report income on the
name is incorrect, discard the labels and print the requested                             same calendar or fiscal year and to use the same methods of
information in the blocks provided.                                                       accounting as required for federal income tax purposes. Any
AMENDED RETURNS—If you discover that you omitted                                          federally approved change in accounting period or methods
deductions or otherwise improperly prepared your return, you                              must be reported to the Kentucky Department of Revenue.
may obtain a refund by filing an amended return within four                                Attach a copy of the federal approval.

                                                                                      2
Changes to federal income tax law made after the Internal                  vice after September 10, 2001. A copy of the federal Form 4562
Revenue Code reference date contained in KRS 141.010(3) shall              if filed for federal income tax purposes must be submitted with
not apply for purposes of Chapter 141 unless adopted by the                Form 740-NP to verify that no adjustments are required.
General Assembly.
                                                                           Reporting Depreciation and Section 179 Deduction Differences
                                                                           for property placed in service after September 10, 2001—Create
POLITICAL PARTY FUND DESIGNATION—You may designate
                                                                           a Kentucky Form 4562 by entering Kentucky at the top center
that a portion of your taxes will be paid to either the Democratic
                                                                           of a federal Form 4562 above Depreciation and Amortization. In
or Republican parties if you have a tax liability of at least $2 ($4
                                                                           Part I replace the $250,000 maximum amount on Line 1 with the
for married persons filing joint returns). This designation will
                                                                           Kentucky limit of $25,000 and replace the $800,000 threshold
not increase your tax or decrease your refund. You may make
                                                                           amount on Line 3 with the Kentucky phase-out threshold of
this designation by checking the applicable box. A husband
                                                                           $200,000. In Part II, strikethrough and ignore Line 14, Special
and wife may each make a designation. Persons making no
                                                                           depreciation allowance for qualified property placed in service
designation should check the quot;No Designationquot; box.
                                                                           during the tax year. Use the created Kentucky Form 4562 to
                                                                           compute Kentucky depreciation and Section 179 deduction in
FILING STATUS—Legal liabilities are affected by the choice
                                                                           accordance with the IRC in effect on December 31, 2001.
of filing methods. Married persons who file joint returns are
jointly and severally liable for all income taxes due for the
                                                                           Note: In determining the Section 179 deduction for Kentucky,
period covered by the return. If married, you may file separate
                                                                           the income limitation on Line 11 is Kentucky net income
or joint returns. Most married persons pay less tax if they file
                                                                           before the Section 179 deduction, instead of federal taxable
separate returns.
                                                                           income. Adjust federal Schedules C, E and F for the difference
Filing Status 1, Single—Use this filing status if you are                  in allowable depreciation and report in Column B the Kentucky
unmarried, divorced, widowed, legally separated by court                   income (loss) from business, farming or rental property. Attach
decree, or if you filed as quot;Head of Householdquot; or quot;Qualifying               Kentucky Form 4562 and, if filed, federal Form 4562.
Widow(er)quot; on your federal return.
                                                                           Line 1, Wages, Salaries, Tips, etc.—Enter all wages, salaries,
                                                                           tips, bonuses, commissions or other compensation received
Filing Status 2, Married Filing Joint Return—Use this filing
                                                                           for personal services from Kentucky sources while a nonresi-
status if you and your spouse choose to file a joint return even
                                                                           dent and from all sources while a resident of Kentucky. Do
if one spouse had no income. Jointly means that you and your
                                                                           not include in this amount any reimbursement for moving
spouse add your incomes together and report the total on page
                                                                           expenses included in Kentucky wages on your wage and tax
4, Section D, Column B, Lines 1 through 33.
                                                                           statement.
Filing Status 3, Married Filing Separate Returns—If using this
                                                                           Line 2, Moving Expense Reimbursement—See instructions
filing status, you and your spouse must file two separate tax
                                                                           for Schedule ME.
forms. The husband's income is reported on one tax form, the
wife's on the other. When filing separate returns, the name and
                                                                           Line 3, Interest—Interest income received while a Kentucky
Social Security number of each spouse must be entered on
                                                                           resident must be reported, except for the following: (a) income
both returns. Enter the spouse's Social Security number in the
                                                                           from bonds issued by the Commonwealth of Kentucky and
block provided, and enter the name on page 1, Line 3.
                                                                           its political subdivisions; and (b) income from U.S. govern-
                                                                           ment bonds or securities. Interest income from bonds issued
DETERMINING YOUR INCOME
                                                                           by other states and their political subdivisions is taxable to
                                                                           Kentucky and must be included on Line 3.
SECTION D—INCOME/ADJUSTMENTS TO INCOME
                                                                           Line 4, Dividends—Report dividends received while a resident
A copy of pages 1 and 2 of your federal income tax return and
                                                                           of Kentucky and the distributive share of the dividend income
all supporting schedules must be filed with Kentucky Form
                                                                           reflected on the Schedule K-1.
740-NP. Please clearly identify as quot;Copy.quot;
                                                                           Line 5, Taxable Refunds, Credits or Offsets of Local Income
INSTRUCTIONS FOR COLUMN A
                                                                           Taxes—Enter the amount of taxable local income tax refund
                                                                           or credit reported on your federal return only if you received
All entries in Column A should be amounts reported for federal
                                                                           a tax benefit in a prior year.
income tax purposes.

                                                                           Line 6, Alimony Received—Enter alimony payments received
Depreciation—Assets Purchased After September 10, 2001
                                                                           while a Kentucky resident.
Effective for taxable years ending after September 10, 2001, an
individual that for federal income tax purposes elects to utilize          Lines 7 and 12, Profit or (Loss) from Business or Farming—
the 30 percent or the 50 percent special depreciation allowance            For income taxable to Kentucky, complete and attach federal
or the increased 179 deduction will have a different deprecia-             Schedule C or C-EZ for business income or federal Schedule F
tion and Section 179 deduction for Kentucky purposes than for              for farming and Form 4562, Depreciation and Amortization. Do
federal purposes.The differences will continue through the life            not adjust wages by the federal work opportunity credit from
of the assets. There will be recapture and basis differences for           federal Form 5884. For passive activities, see Form 8582-K.
Kentucky and federal income tax purposes until the assets are              Do not include income from the national tobacco settlement
sold or fully depreciated.                                                 agreement. Adjust income for the difference in allowable de-
                                                                           preciation and report in Column B.
INSTRUCTIONS FOR COLUMN B
                                                                           Note: Individual owners of disregarded single member
Depreciation, Section 179 Deduction and Gains/Losses From                  LLCs (SMLLCs) that file on Schedules C, E, or F for federal
Disposition of Assets—Important: Follow the instructions for               income tax shall file Form 725, Kentucky Single Member LLC
Reporting Depreciation and Section 179 Deduction Differences               Individually Owned Corporation IncomeTax Return, to compute
if you have elected for federal income tax purposes to take the            and pay the limited liability entity tax. The individual member
30 percent or the 50 percent special depreciation allowance or             shall report income or loss from the entity and determine credit
the increased Section 179 deduction for property placed in ser-            in the same manner as other pass-through entities (PTEs).

                                                                       3
Lines 8 and 9, Gain or (Loss) from Sale or Exchange of Assets—           Line 13, Unemployment Compensation—Report income from
Gains (losses) on sales of assets (including installment sales)          unemployment compensation while a resident or from Ken-
while a Kentucky resident must be reported on the Kentucky               tucky sources while a nonresident.
return. Gains (losses) on sales of tangible assets located in
                                                                         Line 14, Taxable Social Security Benefits—Social Security
Kentucky must be reported regardless of state of residence.
                                                                         benefits are not taxable for Kentucky.
Generally, gains (losses) on sales of intangible assets are
reported to the state of residence.
                                                                         Line 15, Gambling Winnings—Report income from lottery
                                                                         winnings and gambling received while a Kentucky resident
Determining and Reporting Differences in Gain or Loss From
                                                                         or from Kentucky sources while a nonresident.
Disposition of Assets—If during the year you dispose of assets
placed in service after September 10, 2001, on which the 30
                                                                         Line 16, Other Income—Report income from prizes, awards,
percent or the 50 percent special depreciation allowance or the
                                                                         or any sources not listed above while a Kentucky resident or
increased Section 179 deduction was taken for federal income
                                                                         from Kentucky sources while a nonresident. Also, include any
tax purposes, you will need to determine and report the differ-
                                                                         mortgage debt forgiveness excluded from federal adjusted
ence in the amount of gain or loss on the assets as follows:
                                                                         gross income.
Create a Kentucky form by entering Kentucky at the top center
                                                                         Retirement Income (For persons moving out of Kentucky)—
of a federal Schedule D, federal Form 4797 and other applicable
                                                                         Include differences in pension (3-year recovery rule) and IRA
federal forms. Compute Kentucky gain or loss from the dis-
                                                                         bases received while a resident of Kentucky (also include
posed assets using the Kentucky basis. Enter the Kentucky gain
                                                                         differences on Schedule P Line 2).
                                                                                                   ,
or loss on the appropriate line. Attach the created Kentucky
Schedule D, Kentucky Form 4797 and other forms or schedules              Net Operating Loss Deduction—A Kentucky net operating
to support the deduction.                                                loss deduction (KNOLD) must be computed using Kentucky
                                                                         income and deduction amounts. The federal net operating loss
Line 10(a), Federally Taxable IRA Distributions, Pensions                deduction is not allowed. The KNOLD should be included as
and Annuities—Enter on Line 10(a), Column A, the total of                a negative amount on Line 16. If the loss is from a business
IRA distributions, pensions and annuities received for the               outside Kentucky, none of the loss may be used. Kentucky
entire year. Enter on Line 10(a), Column B, the total of IRA             returns must be filed for the year of the loss and for all
distributions, pensions and annuities received while a resident          years for which the loss is utilized. Attach schedule showing
of Kentucky.                                                             computation.
Line 10(b), Pension Income Exclusion—You may exclude up to               Note: For 2005 and future years, the carryback of net operating
$41,110 of pension income reported on Line 10(a), Column B.              losses to prior years is no longer allowed. Net operating losses
If Line 10(a), Column B, is more than $41,110 and is from the            may be carried forward for up to 20 years. Documentation to
federal government, Commonwealth of Kentucky or Kentucky                 substantiate any loss must be available to the Department of
local governments, complete Schedule P  .                                Revenue upon request.

Line 11, Income from Schedule E—Enter income from rents,                 Artistic Charitable Contributions—A deduction is allowed for
royalties, partnerships, estates, trusts, limited liability compa-       quot;qualified artistic charitable contributionsquot; of any literary, musi-
nies (LLC), S corporations and REMICs. Nonresident individuals           cal, artistic or scholarly composition, letter or memorandum,
receiving a Kentucky Schedule K-1 from a partnership, estate,            or similar property.
trust, LLC or S corporation must report their distributive
                                                                         An amount equal to the fair market value of the property on
share of the income, gains or losses, etc., as reflected on the
                                                                         the date contributed is allowable as a deduction. However, the
Schedule K-1. Shareholders and partners should multiply
                                                                         deduction is limited to the amount of the taxpayer's Kentucky
their distributive share items by the taxable percentage from
                                                                         artistic adjusted gross income for the taxable year. This amount
Schedule K-1; Form 720S, Line B(2); Form 765, Line D(2) and
                                                                         should be included as a negative amount on Line 16.
Form 765-GP Line C(2).
              ,
                                                                         The following requirements for a deduction must be met:
Part-year residents not receiving a Kentucky Schedule K-1,
but receiving a federal K-1 from a partnership, estate, trust or         (a) The property must have been created by the personal
S corporation, must report the same amount of distributive                   efforts of the taxpayer at least one year prior to the date
income, gains or losses, etc., as reported for federal income                contributed.The creation of this property cannot be related
tax purposes from entities whose taxable years end during                    to the performance of duties while an officer or employee
their period of residence.                                                   of the United States, any state or political subdivision
                                                                             thereof.
Do not include in Column B the net income from an S corpora-             (b) A written appraisal of the fair market value of the
tion subject to the franchise tax imposed under KRS 136.505                  contributed property must be made by a qualified
or the capital stock tax imposed under KRS 136.300.                          independent appraiser within one year of the date of the
                                                                             contribution. A copy of the appraisal must be attached to
Report income from real estate mortgage investment conduits                  the tax return.
(REMICs) as follows: (1) if the REMIC is a corporation, include          (c) The contribution must be made to a qualified tax-exempt
only distributions of cash or property during the taxable year;              organization.
or (2) if other than a corporation, report the same amount as re-
ported for federal income tax purposes for the taxable year.             ADJUSTMENTS TO INCOME

Note: Individual owners of disregarded single member                     KRS 141.010(10) and (11) provide that deductions are limited
LLCs (SMLLCs) that file on Schedules C, E, or F for federal               to amounts allocable to income subject to taxation. If a de-
income tax shall file Form 725, Kentucky Single Member LLC                duction or an adjustment to gross income is allowable based
Individually Owned Corporation IncomeTax Return, to compute              upon the receipt of certain types of income or is limited to a
and pay the limited liability entity tax. The individual member          maximum amount deductible for federal income tax purposes,
shall report income or loss from the entity and determine credit         the Kentucky income used to determine the amount allowable
in the same manner as other PTEs.                                        for Kentucky shall be the same type of income used to allow

                                                                     4
the deduction on the federal return. Persons who move into              and it is computed at the individual partner or shareholder
or out of Kentucky during the year are limited to either the ad-        level. The partner or shareholder is allocated its share of items
justments to gross income paid during the period of residence           to compute the deduction via the Schedule K-1. A completed
or that portion of adjustments to gross income that Kentucky            Form 8903-K, Kentucky Domestic Production Activities Deduc-
income bears to total income. Nonresidents are limited to that          tion, must be attached.
portion of adjustments to gross income that Kentucky income
                                                                        Line 31, Long-Term Care Insurance Premiums—Long-term care
bears to total income.
                                                                        insurance premiums deducted by full-year nonresidents are
Line 18, Educator Expenses—Deduct up to $250 for teachers               limited to the percentage of their Kentucky total income (Line
and other educators for their out-of-pocket expenses incurred           17, Column B) to their federal total income (Line 17, Column A).
while a Kentucky resident or expenses for use in an educational         Do not claim amounts as an itemized deduction.
classroom.
                                                                        Line 32, Health Insurance Premiums—Medical and dental insur-
Line 19, Certain Business Expenses of Reservists, Performing            ance premiums deducted by full-year nonresidents are limited
Artists and Fee-Basis Government Officials—Deduct out-                  to the percentage of their Kentucky total income (Line 17, Col-
of-pocket expenses for members of the National Guard or                 umn B) to their federal total income (Line 17, Column A).
Reserves.
                                                                        Note: This deduction applies to premiums paid with after-tax
Line 20, Health Savings Account (HSA) Deduction—Federal                 dollars. Premiums paid with pretax income (cafeteria plans
limitations apply. Contributions deducted by full-year non-             and vouchers already excluded from wage income) are not
residents are limited to the percentage of their Kentucky total         deductible again. Do not include long-term care insurance
income (Line 17 Column B) to their federal total income (Line 17
                ,                                               ,       premiums deducted on Line 31. If you are eligible for the Health
Column A). Do not claim amounts as an itemized deduction.               Coverage Tax Credit, you may not deduct premiums paid on
                                                                        your behalf (advance payments) and you must reduce the
Line 21, Moving Expenses—Enter allowable moving expense                 amount you paid by the amount of health coverage tax credit.
deduction (attach Schedule ME).                                         (See federal Form 8885.)
Line 22, Deduction for One-Half of Self-Employment Tax—You              INCOME/TAX
may deduct one-half of the self-employment tax based upon
the self-employment income reported in Column B as Kentucky             Note: These items are reported on page 1, Form 740-NP.
income for the taxable year.
                                                                        Line 7—Enter the percentage from page 4, Section D, Line
Line 23, Self-Employed SEP SIMPLE and Qualified Plans
                           ,                                            35.
Deduction—Self-employed persons may deduct qualified
                                                                        Line 8—Enter federal Adjusted Gross Income from page 4,
payments to a Keogh retirement plan, a Simplified Employee
                                                                        Section D, Column A, Line 34.
Pension (SEP) or a SIMPLE plan based upon Kentucky self-
employment earnings.                                                    Line 9—Enter Kentucky Adjusted Gross Income from page 4,
                                                                        Section D, Column B, Line 34.
Line 24, Self-Employed Health Insurance Deduction—For
Kentucky purposes, see Section D, Line 32 for the allowable             Line 10—Nonitemizers, enter the standard deduction of $2,100.
health insurance deduction.                                             If filing a joint return, only one $2,100 standard deduction is
                                                                        allowed.
Line 25, Penalty on Early Withdrawal of Savings—You may
deduct the interest penalty only if the interest income has been        Line 11—Itemizers, complete Schedule A and enter itemized
reported to Kentucky.                                                   deductions on Line 11. If one spouse itemizes deductions, the
                                                                        other must itemize. See specific instructions for Schedule A.
Line 26, Alimony Paid—The alimony deduction cannot exceed
Kentucky income. Alimony paid by full-year nonresidents is              Line 12—Multiply Line 11 by the percentage on Line 7. If Line
limited to the percentage of their Kentucky total income to             12 does not exceed $2,100 and your filing status is 1 or 2,
their federal total income. Enter the recipient's name and              you should take the standard deduction. Married couples fil-
Social Security number.                                                 ing separate returns, see special rules under instructions for
                                                                        Schedule A.
Line 27, Individual Retirement Arrangements (IRAs)—The
deduction cannot exceed income earned in Kentucky. Con-                 Line 13—Subtract either Line 10 or 12 from Line 9. This is your
tributions made by full-year nonresidents are limited to the            Taxable Income.
percentage of their Kentucky earned income to their federal
earned income. Use federal worksheets and instructions with             Line 14—Use the tax table provided in the instructions to
the above limitations.                                                  compute your tax. Enter this amount on Line 14.
Line 28, Student Loan Interest Deduction—Federal limita-                If you had a lump-sum distribution from a qualified retire-
tions apply. Student loan interest deduction is limited to the          ment plan, complete Schedule P and Form 4972-K and attach
percentage of Kentucky total income (Line 17, Column B) to              copies to Form 740-NP The amount of tax computed on Form
                                                                                             .
federal total income (Line 17, Column A). Enter in Column               4972-K should be included in the amount on this line.
A, the total of student loan interest from your federal return.
                                                                        Schedule J, Farm Income Averaging—If you elect Farm Income
Enter in Column B, the allowable deduction with the above
                                                                        Averaging on your federal return, you may also use this
limitation.
                                                                        method for Kentucky. Complete and attach Kentucky Schedule
Line 29,Tuition and Fees Deduction—Federal limitations apply.           J and include tax in the amount on this line.
The tuition and fees deduction is limited to the percentage
of Kentucky total income (Line 17, Column B) to federal total           Line 15—Enter amount from page 2, Section A, Line 17. See
income (Line 17, Column A). Enter in Column A, the tuition and          instructions for Section A.
fees deduction from your federal return. Enter in Column B,
                                                                        Line 17—Enter amount from page 3, Section B, Line 4. See
the allowable deduction with the above limitation.
                                                                        instructions for Section B.
Line 30, Domestic Production Activities Deduction—Federal
                                                                        Line 18—Multiply the amount on Line 17 by the percentage on
limitations apply. For the pass-through entities, the deduction
                                                                        Line 7 and enter result here.
is based on the activities of the partnership or S corporation,

                                                                    5
LINE 20 and LINE 21, Family Size Tax Credit— The Family Size Tax Credit is based on modified gross income (MGI) and the
size of the family. If your total MGI is $28,196 or less, you may qualify for Kentucky Family Size Tax Credit.
STEP ONE—Determine your family size. Check the box on Line 20 to the right of the number that represents your family
size.
Family Size—Consists of yourself, your spouse if married and living in the same household and qualifying children.
       Family Size 1 is an individual either single, or married living apart from his or her spouse for the entire year. You
       may qualify for the Family Size Tax Credit even if you are claimed as a dependent on your parent’s tax return.
       Family Size 2 is an individual with one qualifying child or a married couple.
       Family Size 3 is an individual with two qualifying children or a married couple with one qualifying child.
       Family Size 4 is an individual with three or more qualifying children or a married couple with two or more qualify-
       ing children.
Qualifying Dependent Child—Means a qualifying child as defined in Internal Revenue Code Section 152(c), and includes a
child who lives in the household but cannot be claimed as a dependent if the provisions of Internal Revenue Code Section
152(e)(2) and 152(e)(4) apply. In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:
       Relationship—Must be the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or
       stepsibling, or a descendant of one of these.
       Residence—Has the same principal residence as the taxpayer for more than half the tax year. A qualifying child is
       determined without regard to the exception for children of divorced or separated parents.
       Age—Must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least
       five months of the year, or be permanently and totally disabled at any time during the year.
       Support—Did not provide more than one-half of his/her own support for the year.
STEP TWO—Determine modified gross income.
                        FORM 740-NP WORKSHEET FOR COMPUTATION OF MODIFIED GROSS INCOME FOR FAMILY SIZE TAX CREDIT
(a) Enter your federal adjusted gross income from page 1, Line 8. If zero or less, enter zero ..............................................                                           (a) __________________
(b) If married filing separate returns and living in the same household, enter your spouse’s
    federal adjusted gross income. If zero or less, enter zero ..................................................................................................                      (b)    __________________
(c) Enter tax-exempt interest from municipal bonds (non-Kentucky) .......................................................................................                              (c)    __________________
(d) Enter amount of lump-sum distributions not included in federal adjusted gross income (federal Form 4972)..............                                                             (d)    __________________
(e) Enter total of Lines (a), (b), (c) and (d)....................................................................................................................................     (e)    __________________
(f) Enter your Kentucky adjusted gross income from page 1, Line 9. If zero or less, enter zero .........................................                                                (f)   __________________
(g) If married filing separate returns and living in the same household, enter your spouse’s
    Kentucky adjusted gross income from page 1, Line 9. If zero or less, enter zero ............................................................                                       (g) __________________
(h) Enter amount of lump-sum distributions not included in adjusted gross income (Kentucky Form 4972-K) ...................                                                            (h) __________________
(i) Enter total of Lines (f), (g) and (h)...........................................................................................................................................    (i) __________________
(j) Enter the greater of Line (e) or (i). This is your Modified Gross Income.
    Use this amount to determine if you qualify for the Family Size Tax Credit .......................................................................                                  (j) __________________


STEP THREE—Use the Family Size Table to look up the percentage of credit and enter in the space provided on Line 21.
                                                                                                                                                                                                      Credit
  Family Size                             One                                        Two                                        Three                                Four or More
                                                                                                                                                                                                    Percentage
     If MGI . . .           is over           is not over               is over          is not over               is over           is not over              is over           is not over             is
                           $    ---           $ 10,400                $     ---           $14,000                 $    ---            $17,600                $    ---            $21,200                100
                             10,400              10,816                 14,000               14,560                   17,600            18,304                21,200               22,048                90
                               10,816             11,232                14,560               15,120                18,304               19,008                 22,048              22,896                80
      2008




                               11,232             11,648                15,120               15,680                19,008               19,712                 22,896              23,744                70
                               11,648            12,064                 15,680               16,240                   19,712            20,416                 23,744              24,592                60
                             12,064              12,480                 16,240              16,800                 20,416               21,120                 24,592              25,440                50
                             12,480              12,896                 16,800               17,360                21,120               21,824                 25,440              26,288                40
                             12,896              13,208                   17,360             17,780                21,824               22,352                 26,288              26,924                30
                             13,208              13,520                   17,780            18,200                 22,352               22,880                 26,924                  27,560            20
                             13,520              13,832                 18,200               18,620                22,880               23,408                   27,560            28,196                 10
                             13,832                  ---                18,620                  ---                23,408                  ---                   28,196                   ---              0

STEP FOUR—Multiply tax from Line 19 by the percentage and enter on Line 21. This is your Family Size Tax Credit.
                                                                                                           6
LINE 23, Education Tuition Tax Credit—Complete Form 8863-K                                    Description of                       Date of                 Purchase
to claim this credit. You may claim 25 percent of the allowable                             Property Purchased                    Purchase                   Price
federal Hope and Lifetime Learning credit if:
                                                                                                                                                       $
a. the expenses claimed are from a Kentucky institution;
b. the expenses are for undergraduate studies; and
                                                                                        a. Total purchase price of property
c. your Kentucky filing status is single or married filing a joint                                                                                       $
                                                                                            subject to use tax .....................................
   return.
                                                                                                                                                       x              .06
                                                                                        b. Use tax rate—6% .......................................
                                                                                        c. Use tax (multiply amount on Line a
Any unused credit may be carried forward up to five years.
                                                                                           by .06). Enter here and on Line 27.
                                                                                           Keep this worksheet for your records .....                  $
Line 25, Child and Dependent Care Credit—Full-year
nonresidents are not entitled to this credit. Part-year residents
                                                                                        LINE 30(a), Tax Withheld—Enter the amount of 2008 Kentucky
may be entitled to a credit for child and dependent care
                                                                                        income tax withheld by your employer(s).This amount is shown
expenses paid while a resident of Kentucky. To determine this
                                                                                        on wage and tax statements, including Forms 1099 and W-2G,
credit, complete the following worksheet.
                                                                                        which you must attach to Form 740-NP in the designated area.
                                                                                        You will not be given credit for Kentucky income tax withheld
a.   Enter total credit calculated on federal
                                                                                        unless you attach the wage and tax statements or other sup-
     Form 2441, Line 9 (or 1040A,
                                                                                        porting documents reflecting Kentucky withholding.
     Schedule 2, Line 9) ............................. _________________
                                                                                        Employers are required to give these statements to employees
b.   Enter total child and dependent care
                                                                                        no later than January 31, 2009. If by March 1 you are unable
     expenses entered on Form 2441,
                                                                                        to obtain a wage and tax statement from an employer, contact
     Line 3 or Form 1040A, Schedule 2,
                                                                                        the Department of Revenue for instructions.
     Line 3 ................................................... _________________
c. Enter the amount included on                                                         You may not claim credit for tax withheld by another state.
   Line b paid while a Kentucky                                                         Within certain limitations, Kentucky part-year residents may
   resident................................................ _________________           claim a credit for nonrefundable individual income tax paid to
                                                                                        other states. See Section A, Line 4.
d.   Divide Line c by Line b.
                                                                      .                 Local government occupational, license or income tax must
     Enter result ..........................................      ___ ___ ___
                                                                                        not be included on line 30(a).
e.   Multiply the amount on Line a
                                                                                        LINE 30(b), Estimated Tax Paid—Enter Kentucky estimated
     by the decimal amount on Line d ..... _________________
                                                                                        tax payments made for 2008 and amounts credited from the
f.   Percent of allowable credit for                                                    2007 return.
                                                               x          .20
     Kentucky .............................................. _________________
                                                                                        Also, include on Line 30(b) payments prepaid with extension
g.   Multiply the amount on Line e                                                      requests. Identify as “prepaid with extension.
                                                                                                                                     ”
     by the decimal amount on Line f.
                                                                                        LINE 30(c), Nonresident Withholding—Enter the amount of
     This is your Child and Dependent
                                                                                        Kentucky income tax withheld from form PTE-WH, line 9.
     Care Credit. Enter on Line 25 ............. _________________
                                                                                        LINE 31—Total of amounts on Lines 30(a) through 30(c).
Note: If you and your spouse are filing separate Kentucky
                                                                                        Compare the amounts on Lines 29 and 31. If Line 31 is larger
returns, the child and dependent care credit calculated for
                                                                                        than Line 29, subtract Line 29 from Line 31. Enter the difference
Kentucky must be divided based on the percentage of each
                                                                                        on Line 32. This is the AMOUNT OVERPAID.
spouse's adjusted gross income to total Kentucky adjusted
gross income (Line 9).                                                                  If Line 31 is smaller than Line 29, you owe additional tax. Sub-
                                                                                        tract Line 31 from Line 29. Enter on Line 40. For instructions
Line 27, Kentucky Use Tax—If, while a Kentucky resident,                                on payment, see Line 43, Amount You Owe.
you made any out-of-state purchases of tangible personal
property for use in Kentucky on which sales tax was not                                 Line 32, Amount Overpaid—If you have an overpayment on
charged, you must report Kentucky use tax on those purchases,                           Line 32, you may have all of this amount refunded to you on
pursuant to KRS 139.330. Examples include catalog or Internet                           Line 39, and/or you may credit all or part of it toward your
purchases such as clothing; sporting goods; flower bulbs,                                2009 Kentucky estimated income tax on Line 38. You may also
seeds and garden supplies; computer hardware and software;                              contribute all or a portion of your overpayment to the following
photographic equipment and film processing; book, tape, CD                               funds: (a) on Line 33, the Nature and Wildlife Fund for the
and video club purchases; magazine subscriptions; furniture;                            purpose of acquiring land to preserve habitat for wildlife and
carpet; boats and boating equipment; etc. From your cancelled                           natural areas of historic or scenic value; (b) on Line 34, the
checks, invoices, credit card statements, etc., list on the                             Child Victims' Trust Fund to support local programs designed
following worksheet out-of-state purchases on which sales tax                           to prevent sexual abuse and exploitation of children; (c) on
was not paid (use additional page if necessary).                                        Line 35, the Veterans' Program Trust Fund which was created
                                                                                        solely for the benefit of veterans' programs; or (d) on Line 36,
                                                                                        the Breast Cancer Research and Education Trust Fund which
Note:The items reported for use tax on Form 740-NP should be
                                                                                        was created to fund breast cancer research and provide public
those purchased strictly for personal use. Any use tax liabilities
                                                                                        education about breast cancer. Amounts contributed on Line
accruing to a business such as mail-order office supplies must
                                                                                        37 and/or credited on Line 38 must be subtracted from the
be reported on the sales and use tax return or the consumer's
                                                                                        overpayment and cannot exceed it.
use tax return.The Department of Revenue routinely conducts
compliance programs with other states regarding out-of-state
                                                                                        Line 40, Additional Tax Due—This is your additional tax due
purchases. Persons not reporting applicable use tax will be
                                                                                        before penalties and interest.
liable for the tax plus interest and penalties.

                                                                                    7
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions
740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions

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740-NP Packet--- 2008 Kentucky Part-Year and Nonresident Tax Booklet, Forms and Instructions

  • 1. PRSRT STD U.S. POSTAGE PAID COMMONWEALTH OF KENTUCKY LOUISVILLE, KY DEPARTMENT OF REVENUE PERMIT NO. 2000 FRANKFORT, KENTUCKY 40620 42A740-NP(P) (10-08) 740-NP 2008 Kentucky Income Tax Return Nonresident or Part-Year Resident Who must file Form 740-NP? • Full-year nonresidents with income from Kentucky sources • Persons moving into Kentucky • Persons moving out of Kentucky
  • 2. SSN NEEDED Put Your Social Security Number on Your Return—To protect your privacy, your Social Security number (SSN) is not printed on the peel-off label.This means that you must enter your SSN in the appropriate boxes on your return. If you are married filing a joint return, also enter your spouse’s SSN. Kentucky Department of Revenue Mission Statement As part of the Finance and Administration Cabinet, the mission of the Kentucky Department of Revenue is to administer tax laws, collect revenue, and provide services in a fair, courteous, and efficient manner for the benefit of the Commonwealth and its citizens. The Kentucky Department of Revenue does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
  • 3. Please use the Preprinted Labels (See the instructions for more information on use of the labels.) E PL M SA Extra Postage May Be Required LE MP KENTUCKY DEPARTMENT OF REVENUE FRANKFORT KY 40618-0006 SA
  • 4. YOUR RIGHTS AS A KENTUCKY TAXPAYER • As a Kentucky taxpayer, you have the right to expect the DOR extension of time for filing reports or returns; and to honor its mission and uphold your rights every time you • payment of charges incurred resulting from an erroneous contact or are contacted by the DOR. filing of a lien or levy by the DOR. Guarantee—You have the right to a guarantee that DOR RIGHTS OF TAXPAYER employees are not paid, evaluated or promoted based on taxes assessed or collected, or a tax assessment or collection Privacy—You have the right to privacy of information provided quota or goal imposed or suggested. to the DOR. Damages—You have the right to file a claim for actual and Assistance—You have the right to advice and assistance from direct monetary damages with the Kentucky Board of Claims the DOR in complying with state tax laws. if a DOR employee willfully, recklessly and intentionally Explanation—You have the right to a clear and concise disregards your rights as a Kentucky taxpayer. explanation of: Interest—You may have the right to receive interest on an • basis of assessment of additional taxes, interest and overpayment of tax. penalties, or the denial or reduction of any refund or credit claim; DEPARTMENT OF REVENUE RESPONSIBILITIES • procedure for protest and appeal of a determination of the DOR; and The DOR has the responsibility to: • tax laws and changes in tax laws so that you can comply • perform audits, conduct conferences and hearings with with the law. you at reasonable times and places; • Protest and Appeal—You have the right to protest and authorize, require or conduct an investigation or surveillance appeal a determination of the DOR if you disagree with an of you only if it relates to a tax matter; assessment of tax or penalty, reduction or a denial of a refund, • make a written request for payment of delinquent taxes a revocation of a license or permit, or other determination which are due and payable at least 30 days prior to seizure made by the DOR. and sale of your assets; • conduct educational and informational programs to help Conference—You have the right to request a conference to you understand and comply with the laws; discuss the issue. • publish clear and simple statements to explain tax Representation—You have the right to representation by your procedures, remedies, your rights and obligations, and authorized agent (attorney, accountant or other person) in any the rights and obligations of the DOR; hearing or conference with the DOR. You have the right to be • notify you in writing when an erroneous lien or levy is informed of this right prior to the conference or hearing. If released and, if requested, notify major credit reporting you intend for your representative to attend the conference companies in counties where lien was filed; or hearing in your place, you may be required to give your • advise you of procedures, remedies and your rights and representative a power of attorney before the DOR can discuss obligations with an original notice of audit or when an tax matters with your authorized agent. original notice of tax due is issued, a refund or credit is denied or reduced, or whenever a license or permit is Recordings—You have the right to make an audio recording of denied, revoked or canceled; any meeting, conference, or hearing with the DOR. The DOR • has the right to make an audio recording, if you are notified notify you in writing prior to termination or modification in writing in advance or if you make a recording. You have of a payment agreement; the right to receive a copy of the recording. • furnish copies of the agent’s audit workpapers and a written narrative explaining the reason(s) for the assessment; Consideration—You have the right to consideration of: • resolve tax controversies on a fair and equitable basis at • waiver of penalties or collection fees if “reasonable cause” the administrative level whenever possible; and for reduction or waiver is given (“reasonable cause” is • notify you in writing at your last known address at least 60 defined in KRS 131.010(9) as: “an event, happening, or days prior to publishing your name on a list of delinquent circumstance entirely beyond the knowledge or control of taxpayers for which a tax or judgment lien has been a taxpayer who has exercised due care and prudence in filed. the filing of a return or report or the payment of monies ************** due the department pursuant to law or administrative regulation”); This information merely summarizes your rights as a • installment payments of delinquent taxes, interest and Kentucky taxpayer and the responsibilities of the Department penalties; of Revenue. The Kentucky Taxpayers’ Bill of Rights may be • found in the Kentucky Revised Statutes (KRS) at Chapter waiver of interest and penalties, but not taxes, resulting 131.041—131.081. Additional rights and responsibilities are from incorrect written advice from the DOR if all facts were provided for in KRS 131.020, 131.110, 131.170, 131.183, 131.500, given and the law did not change or the courts did not issue 131.654, 133.120, 133.130, 134.580 and 134.590. a ruling to the contrary;
  • 5. What’s New STANDARD DEDUCTION—For 2008, the standard deduction tax credit cap by a fraction, the numerator of which is the is $2,100. amount of approved credit for the ethanol producer and the denominator of which is the total approved credit for all FAMILY SIZE TAX CREDIT—This credit provides benefits to ethanol producers. The credit allowed shall be applied both individuals and families at incomes up to 133 percent of the to the income tax imposed under KRS 141.020 or 141.040 and threshold amount based on the federal poverty level. The to the limited liability entity tax imposed under KRS 141.0401, 2008 threshold amount is $10,400 for a family size of one, with the ordering of credits as provided in KRS 141.0205. Any $14,000 for a family of two, $17,600 for a family of three and remaining ethanol credit shall be disallowed and shall not $21,200 for a family of four or more. be carried forward to the next year. MORTGAGE DEBT FORGIVENESS (not an allowable CELLULOSIC ETHANOL TAX CREDIT—For taxable years exclusion from income for Kentucky tax purposes)—The beginning after December 31, 2007, a cellulosic ethanol Mortgage Forgiveness Debt Relief Act of 2007 was enacted producer shall be eligible for a nonrefundable tax credit to provide relief to those families who have been adversely against the taxes imposed by KRS 141.020 or 141.040 and affected by problems in the subprime mortgage market.This 141.0401 in an amount certified by the department. The act provides federal income tax relief to those families by credit rate shall be one dollar ($1) per cellulosic ethanol permanently excluding mortgage debt forgiven by a lender. gallon produced, unless the total amount of approved credit However, because Kentucky has not adopted this legislation, for all cellulosic ethanol producers exceeds the annual any mortgage debt forgiveness will still be considered cellulosic ethanol tax credit cap. If the total amount of income for Kentucky purposes and subject to Kentucky approved credit for all cellulosic ethanol producers exceeds tax. Therefore, this income must be reported in Section D, the annual cellulosic ethanol tax credit cap, the department Line 16, Column B. shall determine the amount of credit each cellulosic ethanol producer receives by multiplying the annual cellulosic ETHANOL TAX CREDIT—For taxable years beginning after ethanol tax credit cap by a fraction, the numerator of which December 31, 2007, an ethanol producer shall be eligible is the amount of approved credit for the cellulosic ethanol for a nonrefundable tax credit against the taxes imposed by producer and the denominator of which is the total approved KRS 141.020 or 141.040 and 141.0401 in an amount certified credit for all cellulosic ethanol producers. The credit allowed by the department.The credit rate shall be one dollar ($1) per shall be applied both to the income tax imposed under ethanol gallon produced, unless the total amount of approved KRS 141.020 or 141.040 and to the limited liability entity tax credit for all ethanol producers exceeds the annual ethanol imposed under KRS 141.0401, with the ordering of credits as tax credit cap. If the total amount of approved credit for all provided in KRS 141.0205. Any remaining cellulosic ethanol ethanol producers exceeds the annual ethanol tax credit cap, credit shall be disallowed and shall not be carried forward the department shall determine the amount of credit each ethanol producer receives by multiplying the annual ethanol to the next year. Amended returns may be filed for the year the soldier was OHIO RESIDENTS—Effective for calendar years beginning on killed in the line of duty and the year prior to the year of or after January 1, 2007, the reciprocity agreement with Ohio death.The amended returns must be filed within the statute of shall not apply with respect to wages which an S corporation limitations period; four years from the due date, the extended pays to a shareholder-employee if the shareholder-employee due date or the date the tax was paid, whichever is later. is a “twenty (20) percent or greater” direct or indirect equity investor in the S corporation. Those wages referenced will If a combined return was filed, the exclusion would apply to be taxable to Kentucky and not eligible to be exempted under the income reported in Column A or Column B of the Kentucky the reciprocity agreement. return attributable to the military member. If a joint return was filed, the income must be separated accordingly. Refunds will DEATH OF MILITARY PERSONNEL KILLED IN THE LINE OF be issued in the names on the original return. Beneficiaries DUTY—HB 380 amended KRS 141.010 to exempt all income or estates that received death benefits that were included in earned by soldiers killed in the line of duty from Kentucky tax a Kentucky return may file an amended return to request a for the years during which the death occurred and the year refund of taxes paid on the benefit. prior to the year during which the death occurred. The Department of Revenue will use the Veterans The changes are applicable for tax years beginning after Administration definition for “in the line of duty, which” December 31, 2001. The income exclusion applies to all states that a soldier is in the line of duty when he is in active income from all sources of the decedent, not just military military service, whether on active duty or authorized leave; income. The exclusion includes all federal and state death unless the death was the result of the person’s own willful benefits payable to the estate or any beneficiaries. misconduct.
  • 6. 2008 FEDERAL/KENTUCKY INDIVIDUAL INCOME TAX DIFFERENCES Kentucky income tax law is based on the federal income The chart below provides a quick reference guide to the tax law in effect on December 31, 2006. The Department of major federal/Kentucky differences. It is not intended to be all Revenue generally follows the administrative regulations and inclusive. Items not listed may be referred to the Department rulings of the Internal Revenue Service in those areas where of Revenue to determine Kentucky tax treatment. no specific Kentucky law exists. FEDERAL KENTUCKY PROVISION TAX TREATMENT TAX TREATMENT 1. Interest from Federal Obligations Taxable Exempt 2. Retirement Income from: Partially exempt if retired after December 31, 1997; Commonwealth of Kentucky Retirement Systems Taxable exempt if retired before Kentucky Local Government Retirement Systems Taxable January 1, 1998; Schedule P may be required Federal and Military Retirement Systems Taxable 3. Pensions and Annuities Starting After 7/1/86 3-year recovery rule eliminated 3-year recovery rule retained and Before 1/1/90 4. Other Pension and Annuity Income Taxable 100% excludable up to $41,110; Schedule P may be required 5. Benefits from U.S. Railroad Retirement Board May be taxable Exempt; Schedule P may be required 6. Social Security Benefits May be taxable Exempt 7. Capital Gains on Sale of Kentucky Turnpike Bonds Taxable Exempt 8. Other States’ Municipal Bond Interest Income Exempt Taxable 9. Kentucky Local Government Lease Interest Payments Taxable Exempt 10. Long-Term Care Insurance Premiums Paid With Limited deduction as self-employed 100% adjustment to gross After-Tax Dollars health insurance income 11. Medical and Dental Insurance Premiums Paid With Limited deduction as self-employed 100% adjustment to gross After-Tax Dollars health insurance income 12. Capital Gains on Property Taken by Taxable Exempt Eminent Domain 13. Election Workers—Income for Training or Taxable Exempt Working at Election Booths 14. Artistic Contributions Noncash contribution allowed as Appraised value allowed as itemized deduction itemized deduction or adjustment to income 15. State Income Taxes Deductible Nondeductible 16. Leasehold Interest—Charitable Contribution May be deductible Deductible; Schedule HH required 17. Kentucky Unemployment Tax Credit No credit allowed $100 per certified employee; Schedule UTC required 18. Work Opportunity Credit (federal Form 5884) Tax credit allowed; wage expense No credit allowed; entire wage reduced by amount of credit expense is deductible 19. Welfare to Work Credit (federal Form 8861) Tax credit allowed; wage expense No credit allowed; wage expense reduced by amount of credit reduced by amount of federal credit 20. Child and Dependent Care Credit Tax credit based on expenses 20% of federal credit 21. Family Size Tax Credit No credit allowed Decreasing tax credit allowed 22. Education Tuition Tax Credit Tax credit based on expenses 25% of federal credit for Kentucky undergraduate studies 23. Taxpayer Who May be Claimed as Dependent May not claim self May claim self on Another’s Return (i.e., full-time student) 24. Child’s Income Reported by Parent Permitted; taxed at parent’s rate Not permitted 25. National Tobacco Settlement TLAP Income Taxable Exempt Quota Buyout (including imputed interest) 26. Bonus Depreciation/Additional Section 179 Expense Deductible Nondeductible 27. Mortgage Debt Forgiveness Exempt Taxable
  • 7. INSTRUCTIONS FOR 2008 KENTUCKY FORM 740-NP 42A740-NP(I) NONRESIDENT OR PART-YEAR RESIDENT INCOME TAX RETURN 10-08 Individuals who are residents of Kentucky for the entire tax TAXPAYER ASSISTANCE year must use Form 740 or Form 740-EZ. Persons who maintain a permanent residence in Kentucky (i.e., are domiciled in Automated Refund and Tax Information System Kentucky) are considered residents. Persons not domiciled in Kentucky but who live in Kentucky for more than 183 days Information may be obtained on the status of income tax during the tax year are also considered residents. refunds by using the department's automated refund and tax information system (ARTIS). This service is available 24 hours Full-year nonresidents must report all income from Kentucky a day. sources (including distributive share income, Schedule K-1), A touch-tone telephone and the following information from from activities carried on in Kentucky or from the performance your return will be required: of services in Kentucky, and from property located in • Social Security number listed in block B on your return. Kentucky. • The exact whole-dollar amount to be refunded to you. Persons moving into Kentucky must report income received Once you have the required information, call (502) 564-1600 from Kentucky sources prior to becoming residents and and follow the recorded instructions. income received from all sources after becoming Kentucky If during the call you do not receive a refund mailing date, residents. please allow seven days before calling again. Residents moving out of Kentucky during the year must report Information and forms are available from the following Ken- income from all sources while a resident and from Kentucky tucky Taxpayer Service Centers: sources while a nonresident. Ashland Reciprocal States—Kentucky has reciprocal agreements with 134 Sixteenth Street, 41101-7670 specific states. These agreements provide for taxpayers to (606) 920-2037 be taxed by their state of residence, and not the state where Bowling Green income is earned. Reciprocity does not apply to persons who 201 West Professional Park Court, 42104-3278 live in Kentucky for more than 183 days during the tax year. (270) 746-7470 The states and types of exemptions are as follows: Central Kentucky (Frankfort) 501 High Street, 40620 Illinois, West Virginia—wages and salaries (502) 564-4581 (General Information) Indiana—wages, salaries and commissions (502) 564-3658 (Forms) Michigan, Wisconsin—income from personal services www.revenue.ky.gov (including salaries and wages) Corbin Ohio—wages and salaries. Note: Wages which an S 15100 North US 25E corporation pays to a shareholder-employee if the share- Suite 2, 40701-6188 holder-employee is a “twenty (20) percent or greater” (606) 528-3322 direct or indirect equity investor in the S corporation Hopkinsville shall not be exempt under the reciprocity agreement. 181 Hammond Drive, 42240-7926 Virginia—commuting daily, salaries and wages (270) 889-6521 Louisville Taxpayers who qualify for this exemption and have no other 600 West Cedar Street, 2nd Floor West, 40202-2310 Kentucky taxable income should file Form 740-NP-R, Kentucky (502) 595-4512 Income Tax Return, Nonresident–Reciprocal State, to obtain a refund. Also, nonresidents who qualify for the exemption Northern Kentucky Turfway Ridge Office Park should file Form 42A809, Certificate of Nonresidence, with 7310 Turfway Road, Suite 190 their employer to exempt their future wages from Kentucky Florence, 41042-4871 withholding. (859) 371-9049 Gambling income and distributive share income (Schedule Owensboro K-1) are not exempt under reciprocal agreements. This income 311 West Second Street, 42301-0734 is fully taxable. A complete return must be filed if filing (270) 687-7301 requirements are met. Paducah Clark Business Complex, Suite G Military Personnel—Members of the Armed Forces are required 2928 Park Avenue, 42001-4024 to file state income tax returns with their state of legal domicile, (270) 575-7148 which usually is the state of residence prior to entering military Pikeville service. Nonresident military personnel with civilian jobs in Uniplex Center Kentucky are required to report this income on Form 740-NP 126 Trivette Drive, Suite 203, 41501-1275 except residents of reciprocal states (see reciprocal states (606) 433-7675 above). Any income from nonmilitary Kentucky sources is also taxable. WHO MUST FILE FORM 740-NP—Form 740-NP must be used Any income earned in a combat zone that is exempt for federal by full-year nonresidents who had income from Kentucky tax purposes is also exempt for Kentucky tax purposes. sources and by part-year residents who had income while a Kentucky resident or from Kentucky sources while a nonresi- A civilian spouse who lives or works in Kentucky may be dent. These persons must file Form 740-NP if (1) they had any required to file as resident, part-year resident or nonresident gross income from Kentucky sources and gross income from based on the situation (see above). all sources in excess of modified gross income for their family Military Personnel Eligible for Combat Zone Exten- size, or (2) Kentucky gross receipts from self-employment in sion—Members of the Army, Navy, Marines, Air Force, or excess of modified gross income for their family size. See Public Health Service of the United States government who Chart A on page 2. 1
  • 8. serve in an area designated as a combat zone by presidential years of the due date of the original return. You are required proclamation shall not be required to file an income tax return to file an amended return to report omitted income. and pay the taxes, which would otherwise become due dur- When filing an amended return, check the box on Form 740-NP ing the period of service, until 12 months after the service is and attach a detailed explanation of the changes to income, completed. Members of the National Guard or any branch of deductions and tax. Submit a completed Kentucky return and the Reserves called to active duty to serve in a combat zone corrected federal schedules, if applicable. If you do not attach are granted the same extension. the required information, processing of your amended return may be delayed. Chart A COMPOSITE RETURNS—Do not include a nonresident indi- Your Modified Gross vidual (includes an estate or trust partner, member or share- If Your Family Size is: Income is greater than: holder), partner, member or shareholder in a composite return One............................. and ............................ $ 10,400 if the partner’s, member’s or shareholder’s distributive share Two ............................ and ............................ $ 14,000 income was subject to withholding and reported on Form 740NP-WH and PTE-WH. Three .......................... and ............................ $ 17,600 The composite return applies only to a nonresident individual Four or More ............. and ............................ $ 21,200 (includes an estate or trust partner, member or shareholder), partner, member or shareholder whose distributive share was MODIFIED GROSS INCOME AND FAMILY SIZE not subject to withholding as provided by KRS 141.206(4), and (Use With Chart A) the partner, member or shareholder elects to be included in a Family Size—Consists of yourself, your spouse if married and composite return as provided by KRS 141.206(13). living in the same household and qualifying children. Family For taxable years beginning on or after January 1, 2007, the size is limited to four. Department of Revenue will permit the filing of a “composite Qualifying Dependent Child—Means a qualifying child as return” as provided by KRS 141.206(13) on behalf of electing defined in Internal Revenue Code Section 152(c), and includes nonresident individual partners, members or shareholders of a child who lives in the household but cannot be claimed as a a pass-through entity as defined in KRS 141.010(26). Income dependent if the provisions of Internal Revenue Code Section tax will be computed at the highest marginal rate provided in 152(e)(2) and 152(e)(4) apply. In general, to be a taxpayer’s KRS 141.020 on the partner’s, member’s or shareholder’s pro qualifying child, a person must satisfy four tests: rata share of the distributive share income from a pass-through • Relationship—The taxpayer’s child or stepchild (whether by entity doing business in, or deriving income from sources blood or adoption), foster child, sibling or stepsibling, or a within Kentucky. The partners’, members’ or shareholders’ descendant of one of these. distributive share of income shall include all items of income • Residence—Has the same principal residence as the tax- or deduction used to compute adjusted gross income on the payer for more than half the tax year. A qualifying child is Kentucky return that is passed through to the partner, member determined without regard to the exception for children of or shareholder by the pass-through entity, including but not divorced or separated parents. Other federal exceptions limited to interest, dividend, capital gains or losses, guaranteed apply. payments and rents (KRS 141.206(13)). • Age—Must be under the age of 19 at the end of the tax year, The composite return of a pass-through entity shall be or under the age of 24 if a full-time student for at least five filed with the Department of Revenue, on Form 740-NP, months of the year, or be permanently and totally disabled Kentucky Individual Income Tax Return Nonresident or at any time during the year. Part-Year Resident. The composite return box on the front • Support—Did not provide more than one-half of his/her of the Form 740-NP return shall be checked to indicate that own support for the year. this is a composite return, and a schedule shall be attached Modified Gross Income—Modified gross income is the greater reporting each of the electing nonresident individual partner’s, of federal adjusted gross income adjusted to include inter- member’s or shareholder’s name, address, social security est income derived from municipal bonds (non-Kentucky) number, net distributive share income and tax due. The tax and lump-sum pension distributions not included in federal due for all electing partners, members or shareholders shall adjusted gross income; or Kentucky adjusted gross income ad- be remitted with the composite return. A pass-through entity justed to include lump-sum pension distributions not included filing a composite return shall make estimated tax payments in federal adjusted gross income. if required by the provisions of KRS 141.300. WHEN TO FILE—April 15, 2009, is the filing deadline for persons CONFIDENTIALITY—Kentucky Revised Statute 131.190 requires reporting income for calendar year 2008. To avoid penalties the Department of Revenue to maintain strict confidentiality and interest, returns must be postmarked no later than April of all taxpayer records. No employee of the Department of 15, 2009. Revenue may divulge any information regarding the tax returns, schedules or reports required to be filed. However, SSN NEEDED—Put Your Social Security Number on Your the Department of Revenue is not prohibited from providing Return—To protect your privacy, your Social Security number evidence to or testifying in any court of law concerning official (SSN) is not printed on the peel-off label. This means that you tax records. must enter your SSN in the appropriate boxes on your return. If you are married, also enter your spouse’s SSN. The department may provide official information on a confi- dential basis to the Internal Revenue Service or to any other ADDRESS LABELS—Use the preprinted, bar-coded labels governmental agency with which it has an exchange of infor- provided. The primary Social Security number has been mation agreement whereby the department receives similar converted to UPC bar code that can be read by scanners. or useful information in return. This will enable us to tell you that your return has been received. If the address is incorrect, draw a line through the REPORTING PERIODS AND ACCOUNTING PROCEDURES— incorrect information and print the correct address. If the Kentucky law requires taxpayers to report income on the name is incorrect, discard the labels and print the requested same calendar or fiscal year and to use the same methods of information in the blocks provided. accounting as required for federal income tax purposes. Any AMENDED RETURNS—If you discover that you omitted federally approved change in accounting period or methods deductions or otherwise improperly prepared your return, you must be reported to the Kentucky Department of Revenue. may obtain a refund by filing an amended return within four Attach a copy of the federal approval. 2
  • 9. Changes to federal income tax law made after the Internal vice after September 10, 2001. A copy of the federal Form 4562 Revenue Code reference date contained in KRS 141.010(3) shall if filed for federal income tax purposes must be submitted with not apply for purposes of Chapter 141 unless adopted by the Form 740-NP to verify that no adjustments are required. General Assembly. Reporting Depreciation and Section 179 Deduction Differences for property placed in service after September 10, 2001—Create POLITICAL PARTY FUND DESIGNATION—You may designate a Kentucky Form 4562 by entering Kentucky at the top center that a portion of your taxes will be paid to either the Democratic of a federal Form 4562 above Depreciation and Amortization. In or Republican parties if you have a tax liability of at least $2 ($4 Part I replace the $250,000 maximum amount on Line 1 with the for married persons filing joint returns). This designation will Kentucky limit of $25,000 and replace the $800,000 threshold not increase your tax or decrease your refund. You may make amount on Line 3 with the Kentucky phase-out threshold of this designation by checking the applicable box. A husband $200,000. In Part II, strikethrough and ignore Line 14, Special and wife may each make a designation. Persons making no depreciation allowance for qualified property placed in service designation should check the quot;No Designationquot; box. during the tax year. Use the created Kentucky Form 4562 to compute Kentucky depreciation and Section 179 deduction in FILING STATUS—Legal liabilities are affected by the choice accordance with the IRC in effect on December 31, 2001. of filing methods. Married persons who file joint returns are jointly and severally liable for all income taxes due for the Note: In determining the Section 179 deduction for Kentucky, period covered by the return. If married, you may file separate the income limitation on Line 11 is Kentucky net income or joint returns. Most married persons pay less tax if they file before the Section 179 deduction, instead of federal taxable separate returns. income. Adjust federal Schedules C, E and F for the difference Filing Status 1, Single—Use this filing status if you are in allowable depreciation and report in Column B the Kentucky unmarried, divorced, widowed, legally separated by court income (loss) from business, farming or rental property. Attach decree, or if you filed as quot;Head of Householdquot; or quot;Qualifying Kentucky Form 4562 and, if filed, federal Form 4562. Widow(er)quot; on your federal return. Line 1, Wages, Salaries, Tips, etc.—Enter all wages, salaries, tips, bonuses, commissions or other compensation received Filing Status 2, Married Filing Joint Return—Use this filing for personal services from Kentucky sources while a nonresi- status if you and your spouse choose to file a joint return even dent and from all sources while a resident of Kentucky. Do if one spouse had no income. Jointly means that you and your not include in this amount any reimbursement for moving spouse add your incomes together and report the total on page expenses included in Kentucky wages on your wage and tax 4, Section D, Column B, Lines 1 through 33. statement. Filing Status 3, Married Filing Separate Returns—If using this Line 2, Moving Expense Reimbursement—See instructions filing status, you and your spouse must file two separate tax for Schedule ME. forms. The husband's income is reported on one tax form, the wife's on the other. When filing separate returns, the name and Line 3, Interest—Interest income received while a Kentucky Social Security number of each spouse must be entered on resident must be reported, except for the following: (a) income both returns. Enter the spouse's Social Security number in the from bonds issued by the Commonwealth of Kentucky and block provided, and enter the name on page 1, Line 3. its political subdivisions; and (b) income from U.S. govern- ment bonds or securities. Interest income from bonds issued DETERMINING YOUR INCOME by other states and their political subdivisions is taxable to Kentucky and must be included on Line 3. SECTION D—INCOME/ADJUSTMENTS TO INCOME Line 4, Dividends—Report dividends received while a resident A copy of pages 1 and 2 of your federal income tax return and of Kentucky and the distributive share of the dividend income all supporting schedules must be filed with Kentucky Form reflected on the Schedule K-1. 740-NP. Please clearly identify as quot;Copy.quot; Line 5, Taxable Refunds, Credits or Offsets of Local Income INSTRUCTIONS FOR COLUMN A Taxes—Enter the amount of taxable local income tax refund or credit reported on your federal return only if you received All entries in Column A should be amounts reported for federal a tax benefit in a prior year. income tax purposes. Line 6, Alimony Received—Enter alimony payments received Depreciation—Assets Purchased After September 10, 2001 while a Kentucky resident. Effective for taxable years ending after September 10, 2001, an individual that for federal income tax purposes elects to utilize Lines 7 and 12, Profit or (Loss) from Business or Farming— the 30 percent or the 50 percent special depreciation allowance For income taxable to Kentucky, complete and attach federal or the increased 179 deduction will have a different deprecia- Schedule C or C-EZ for business income or federal Schedule F tion and Section 179 deduction for Kentucky purposes than for for farming and Form 4562, Depreciation and Amortization. Do federal purposes.The differences will continue through the life not adjust wages by the federal work opportunity credit from of the assets. There will be recapture and basis differences for federal Form 5884. For passive activities, see Form 8582-K. Kentucky and federal income tax purposes until the assets are Do not include income from the national tobacco settlement sold or fully depreciated. agreement. Adjust income for the difference in allowable de- preciation and report in Column B. INSTRUCTIONS FOR COLUMN B Note: Individual owners of disregarded single member Depreciation, Section 179 Deduction and Gains/Losses From LLCs (SMLLCs) that file on Schedules C, E, or F for federal Disposition of Assets—Important: Follow the instructions for income tax shall file Form 725, Kentucky Single Member LLC Reporting Depreciation and Section 179 Deduction Differences Individually Owned Corporation IncomeTax Return, to compute if you have elected for federal income tax purposes to take the and pay the limited liability entity tax. The individual member 30 percent or the 50 percent special depreciation allowance or shall report income or loss from the entity and determine credit the increased Section 179 deduction for property placed in ser- in the same manner as other pass-through entities (PTEs). 3
  • 10. Lines 8 and 9, Gain or (Loss) from Sale or Exchange of Assets— Line 13, Unemployment Compensation—Report income from Gains (losses) on sales of assets (including installment sales) unemployment compensation while a resident or from Ken- while a Kentucky resident must be reported on the Kentucky tucky sources while a nonresident. return. Gains (losses) on sales of tangible assets located in Line 14, Taxable Social Security Benefits—Social Security Kentucky must be reported regardless of state of residence. benefits are not taxable for Kentucky. Generally, gains (losses) on sales of intangible assets are reported to the state of residence. Line 15, Gambling Winnings—Report income from lottery winnings and gambling received while a Kentucky resident Determining and Reporting Differences in Gain or Loss From or from Kentucky sources while a nonresident. Disposition of Assets—If during the year you dispose of assets placed in service after September 10, 2001, on which the 30 Line 16, Other Income—Report income from prizes, awards, percent or the 50 percent special depreciation allowance or the or any sources not listed above while a Kentucky resident or increased Section 179 deduction was taken for federal income from Kentucky sources while a nonresident. Also, include any tax purposes, you will need to determine and report the differ- mortgage debt forgiveness excluded from federal adjusted ence in the amount of gain or loss on the assets as follows: gross income. Create a Kentucky form by entering Kentucky at the top center Retirement Income (For persons moving out of Kentucky)— of a federal Schedule D, federal Form 4797 and other applicable Include differences in pension (3-year recovery rule) and IRA federal forms. Compute Kentucky gain or loss from the dis- bases received while a resident of Kentucky (also include posed assets using the Kentucky basis. Enter the Kentucky gain differences on Schedule P Line 2). , or loss on the appropriate line. Attach the created Kentucky Schedule D, Kentucky Form 4797 and other forms or schedules Net Operating Loss Deduction—A Kentucky net operating to support the deduction. loss deduction (KNOLD) must be computed using Kentucky income and deduction amounts. The federal net operating loss Line 10(a), Federally Taxable IRA Distributions, Pensions deduction is not allowed. The KNOLD should be included as and Annuities—Enter on Line 10(a), Column A, the total of a negative amount on Line 16. If the loss is from a business IRA distributions, pensions and annuities received for the outside Kentucky, none of the loss may be used. Kentucky entire year. Enter on Line 10(a), Column B, the total of IRA returns must be filed for the year of the loss and for all distributions, pensions and annuities received while a resident years for which the loss is utilized. Attach schedule showing of Kentucky. computation. Line 10(b), Pension Income Exclusion—You may exclude up to Note: For 2005 and future years, the carryback of net operating $41,110 of pension income reported on Line 10(a), Column B. losses to prior years is no longer allowed. Net operating losses If Line 10(a), Column B, is more than $41,110 and is from the may be carried forward for up to 20 years. Documentation to federal government, Commonwealth of Kentucky or Kentucky substantiate any loss must be available to the Department of local governments, complete Schedule P . Revenue upon request. Line 11, Income from Schedule E—Enter income from rents, Artistic Charitable Contributions—A deduction is allowed for royalties, partnerships, estates, trusts, limited liability compa- quot;qualified artistic charitable contributionsquot; of any literary, musi- nies (LLC), S corporations and REMICs. Nonresident individuals cal, artistic or scholarly composition, letter or memorandum, receiving a Kentucky Schedule K-1 from a partnership, estate, or similar property. trust, LLC or S corporation must report their distributive An amount equal to the fair market value of the property on share of the income, gains or losses, etc., as reflected on the the date contributed is allowable as a deduction. However, the Schedule K-1. Shareholders and partners should multiply deduction is limited to the amount of the taxpayer's Kentucky their distributive share items by the taxable percentage from artistic adjusted gross income for the taxable year. This amount Schedule K-1; Form 720S, Line B(2); Form 765, Line D(2) and should be included as a negative amount on Line 16. Form 765-GP Line C(2). , The following requirements for a deduction must be met: Part-year residents not receiving a Kentucky Schedule K-1, but receiving a federal K-1 from a partnership, estate, trust or (a) The property must have been created by the personal S corporation, must report the same amount of distributive efforts of the taxpayer at least one year prior to the date income, gains or losses, etc., as reported for federal income contributed.The creation of this property cannot be related tax purposes from entities whose taxable years end during to the performance of duties while an officer or employee their period of residence. of the United States, any state or political subdivision thereof. Do not include in Column B the net income from an S corpora- (b) A written appraisal of the fair market value of the tion subject to the franchise tax imposed under KRS 136.505 contributed property must be made by a qualified or the capital stock tax imposed under KRS 136.300. independent appraiser within one year of the date of the contribution. A copy of the appraisal must be attached to Report income from real estate mortgage investment conduits the tax return. (REMICs) as follows: (1) if the REMIC is a corporation, include (c) The contribution must be made to a qualified tax-exempt only distributions of cash or property during the taxable year; organization. or (2) if other than a corporation, report the same amount as re- ported for federal income tax purposes for the taxable year. ADJUSTMENTS TO INCOME Note: Individual owners of disregarded single member KRS 141.010(10) and (11) provide that deductions are limited LLCs (SMLLCs) that file on Schedules C, E, or F for federal to amounts allocable to income subject to taxation. If a de- income tax shall file Form 725, Kentucky Single Member LLC duction or an adjustment to gross income is allowable based Individually Owned Corporation IncomeTax Return, to compute upon the receipt of certain types of income or is limited to a and pay the limited liability entity tax. The individual member maximum amount deductible for federal income tax purposes, shall report income or loss from the entity and determine credit the Kentucky income used to determine the amount allowable in the same manner as other PTEs. for Kentucky shall be the same type of income used to allow 4
  • 11. the deduction on the federal return. Persons who move into and it is computed at the individual partner or shareholder or out of Kentucky during the year are limited to either the ad- level. The partner or shareholder is allocated its share of items justments to gross income paid during the period of residence to compute the deduction via the Schedule K-1. A completed or that portion of adjustments to gross income that Kentucky Form 8903-K, Kentucky Domestic Production Activities Deduc- income bears to total income. Nonresidents are limited to that tion, must be attached. portion of adjustments to gross income that Kentucky income Line 31, Long-Term Care Insurance Premiums—Long-term care bears to total income. insurance premiums deducted by full-year nonresidents are Line 18, Educator Expenses—Deduct up to $250 for teachers limited to the percentage of their Kentucky total income (Line and other educators for their out-of-pocket expenses incurred 17, Column B) to their federal total income (Line 17, Column A). while a Kentucky resident or expenses for use in an educational Do not claim amounts as an itemized deduction. classroom. Line 32, Health Insurance Premiums—Medical and dental insur- Line 19, Certain Business Expenses of Reservists, Performing ance premiums deducted by full-year nonresidents are limited Artists and Fee-Basis Government Officials—Deduct out- to the percentage of their Kentucky total income (Line 17, Col- of-pocket expenses for members of the National Guard or umn B) to their federal total income (Line 17, Column A). Reserves. Note: This deduction applies to premiums paid with after-tax Line 20, Health Savings Account (HSA) Deduction—Federal dollars. Premiums paid with pretax income (cafeteria plans limitations apply. Contributions deducted by full-year non- and vouchers already excluded from wage income) are not residents are limited to the percentage of their Kentucky total deductible again. Do not include long-term care insurance income (Line 17 Column B) to their federal total income (Line 17 , , premiums deducted on Line 31. If you are eligible for the Health Column A). Do not claim amounts as an itemized deduction. Coverage Tax Credit, you may not deduct premiums paid on your behalf (advance payments) and you must reduce the Line 21, Moving Expenses—Enter allowable moving expense amount you paid by the amount of health coverage tax credit. deduction (attach Schedule ME). (See federal Form 8885.) Line 22, Deduction for One-Half of Self-Employment Tax—You INCOME/TAX may deduct one-half of the self-employment tax based upon the self-employment income reported in Column B as Kentucky Note: These items are reported on page 1, Form 740-NP. income for the taxable year. Line 7—Enter the percentage from page 4, Section D, Line Line 23, Self-Employed SEP SIMPLE and Qualified Plans , 35. Deduction—Self-employed persons may deduct qualified Line 8—Enter federal Adjusted Gross Income from page 4, payments to a Keogh retirement plan, a Simplified Employee Section D, Column A, Line 34. Pension (SEP) or a SIMPLE plan based upon Kentucky self- employment earnings. Line 9—Enter Kentucky Adjusted Gross Income from page 4, Section D, Column B, Line 34. Line 24, Self-Employed Health Insurance Deduction—For Kentucky purposes, see Section D, Line 32 for the allowable Line 10—Nonitemizers, enter the standard deduction of $2,100. health insurance deduction. If filing a joint return, only one $2,100 standard deduction is allowed. Line 25, Penalty on Early Withdrawal of Savings—You may deduct the interest penalty only if the interest income has been Line 11—Itemizers, complete Schedule A and enter itemized reported to Kentucky. deductions on Line 11. If one spouse itemizes deductions, the other must itemize. See specific instructions for Schedule A. Line 26, Alimony Paid—The alimony deduction cannot exceed Kentucky income. Alimony paid by full-year nonresidents is Line 12—Multiply Line 11 by the percentage on Line 7. If Line limited to the percentage of their Kentucky total income to 12 does not exceed $2,100 and your filing status is 1 or 2, their federal total income. Enter the recipient's name and you should take the standard deduction. Married couples fil- Social Security number. ing separate returns, see special rules under instructions for Schedule A. Line 27, Individual Retirement Arrangements (IRAs)—The deduction cannot exceed income earned in Kentucky. Con- Line 13—Subtract either Line 10 or 12 from Line 9. This is your tributions made by full-year nonresidents are limited to the Taxable Income. percentage of their Kentucky earned income to their federal earned income. Use federal worksheets and instructions with Line 14—Use the tax table provided in the instructions to the above limitations. compute your tax. Enter this amount on Line 14. Line 28, Student Loan Interest Deduction—Federal limita- If you had a lump-sum distribution from a qualified retire- tions apply. Student loan interest deduction is limited to the ment plan, complete Schedule P and Form 4972-K and attach percentage of Kentucky total income (Line 17, Column B) to copies to Form 740-NP The amount of tax computed on Form . federal total income (Line 17, Column A). Enter in Column 4972-K should be included in the amount on this line. A, the total of student loan interest from your federal return. Schedule J, Farm Income Averaging—If you elect Farm Income Enter in Column B, the allowable deduction with the above Averaging on your federal return, you may also use this limitation. method for Kentucky. Complete and attach Kentucky Schedule Line 29,Tuition and Fees Deduction—Federal limitations apply. J and include tax in the amount on this line. The tuition and fees deduction is limited to the percentage of Kentucky total income (Line 17, Column B) to federal total Line 15—Enter amount from page 2, Section A, Line 17. See income (Line 17, Column A). Enter in Column A, the tuition and instructions for Section A. fees deduction from your federal return. Enter in Column B, Line 17—Enter amount from page 3, Section B, Line 4. See the allowable deduction with the above limitation. instructions for Section B. Line 30, Domestic Production Activities Deduction—Federal Line 18—Multiply the amount on Line 17 by the percentage on limitations apply. For the pass-through entities, the deduction Line 7 and enter result here. is based on the activities of the partnership or S corporation, 5
  • 12. LINE 20 and LINE 21, Family Size Tax Credit— The Family Size Tax Credit is based on modified gross income (MGI) and the size of the family. If your total MGI is $28,196 or less, you may qualify for Kentucky Family Size Tax Credit. STEP ONE—Determine your family size. Check the box on Line 20 to the right of the number that represents your family size. Family Size—Consists of yourself, your spouse if married and living in the same household and qualifying children. Family Size 1 is an individual either single, or married living apart from his or her spouse for the entire year. You may qualify for the Family Size Tax Credit even if you are claimed as a dependent on your parent’s tax return. Family Size 2 is an individual with one qualifying child or a married couple. Family Size 3 is an individual with two qualifying children or a married couple with one qualifying child. Family Size 4 is an individual with three or more qualifying children or a married couple with two or more qualify- ing children. Qualifying Dependent Child—Means a qualifying child as defined in Internal Revenue Code Section 152(c), and includes a child who lives in the household but cannot be claimed as a dependent if the provisions of Internal Revenue Code Section 152(e)(2) and 152(e)(4) apply. In general, to be a taxpayer’s qualifying child, a person must satisfy four tests: Relationship—Must be the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these. Residence—Has the same principal residence as the taxpayer for more than half the tax year. A qualifying child is determined without regard to the exception for children of divorced or separated parents. Age—Must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year. Support—Did not provide more than one-half of his/her own support for the year. STEP TWO—Determine modified gross income. FORM 740-NP WORKSHEET FOR COMPUTATION OF MODIFIED GROSS INCOME FOR FAMILY SIZE TAX CREDIT (a) Enter your federal adjusted gross income from page 1, Line 8. If zero or less, enter zero .............................................. (a) __________________ (b) If married filing separate returns and living in the same household, enter your spouse’s federal adjusted gross income. If zero or less, enter zero .................................................................................................. (b) __________________ (c) Enter tax-exempt interest from municipal bonds (non-Kentucky) ....................................................................................... (c) __________________ (d) Enter amount of lump-sum distributions not included in federal adjusted gross income (federal Form 4972).............. (d) __________________ (e) Enter total of Lines (a), (b), (c) and (d).................................................................................................................................... (e) __________________ (f) Enter your Kentucky adjusted gross income from page 1, Line 9. If zero or less, enter zero ......................................... (f) __________________ (g) If married filing separate returns and living in the same household, enter your spouse’s Kentucky adjusted gross income from page 1, Line 9. If zero or less, enter zero ............................................................ (g) __________________ (h) Enter amount of lump-sum distributions not included in adjusted gross income (Kentucky Form 4972-K) ................... (h) __________________ (i) Enter total of Lines (f), (g) and (h)........................................................................................................................................... (i) __________________ (j) Enter the greater of Line (e) or (i). This is your Modified Gross Income. Use this amount to determine if you qualify for the Family Size Tax Credit ....................................................................... (j) __________________ STEP THREE—Use the Family Size Table to look up the percentage of credit and enter in the space provided on Line 21. Credit Family Size One Two Three Four or More Percentage If MGI . . . is over is not over is over is not over is over is not over is over is not over is $ --- $ 10,400 $ --- $14,000 $ --- $17,600 $ --- $21,200 100 10,400 10,816 14,000 14,560 17,600 18,304 21,200 22,048 90 10,816 11,232 14,560 15,120 18,304 19,008 22,048 22,896 80 2008 11,232 11,648 15,120 15,680 19,008 19,712 22,896 23,744 70 11,648 12,064 15,680 16,240 19,712 20,416 23,744 24,592 60 12,064 12,480 16,240 16,800 20,416 21,120 24,592 25,440 50 12,480 12,896 16,800 17,360 21,120 21,824 25,440 26,288 40 12,896 13,208 17,360 17,780 21,824 22,352 26,288 26,924 30 13,208 13,520 17,780 18,200 22,352 22,880 26,924 27,560 20 13,520 13,832 18,200 18,620 22,880 23,408 27,560 28,196 10 13,832 --- 18,620 --- 23,408 --- 28,196 --- 0 STEP FOUR—Multiply tax from Line 19 by the percentage and enter on Line 21. This is your Family Size Tax Credit. 6
  • 13. LINE 23, Education Tuition Tax Credit—Complete Form 8863-K Description of Date of Purchase to claim this credit. You may claim 25 percent of the allowable Property Purchased Purchase Price federal Hope and Lifetime Learning credit if: $ a. the expenses claimed are from a Kentucky institution; b. the expenses are for undergraduate studies; and a. Total purchase price of property c. your Kentucky filing status is single or married filing a joint $ subject to use tax ..................................... return. x .06 b. Use tax rate—6% ....................................... c. Use tax (multiply amount on Line a Any unused credit may be carried forward up to five years. by .06). Enter here and on Line 27. Keep this worksheet for your records ..... $ Line 25, Child and Dependent Care Credit—Full-year nonresidents are not entitled to this credit. Part-year residents LINE 30(a), Tax Withheld—Enter the amount of 2008 Kentucky may be entitled to a credit for child and dependent care income tax withheld by your employer(s).This amount is shown expenses paid while a resident of Kentucky. To determine this on wage and tax statements, including Forms 1099 and W-2G, credit, complete the following worksheet. which you must attach to Form 740-NP in the designated area. You will not be given credit for Kentucky income tax withheld a. Enter total credit calculated on federal unless you attach the wage and tax statements or other sup- Form 2441, Line 9 (or 1040A, porting documents reflecting Kentucky withholding. Schedule 2, Line 9) ............................. _________________ Employers are required to give these statements to employees b. Enter total child and dependent care no later than January 31, 2009. If by March 1 you are unable expenses entered on Form 2441, to obtain a wage and tax statement from an employer, contact Line 3 or Form 1040A, Schedule 2, the Department of Revenue for instructions. Line 3 ................................................... _________________ c. Enter the amount included on You may not claim credit for tax withheld by another state. Line b paid while a Kentucky Within certain limitations, Kentucky part-year residents may resident................................................ _________________ claim a credit for nonrefundable individual income tax paid to other states. See Section A, Line 4. d. Divide Line c by Line b. . Local government occupational, license or income tax must Enter result .......................................... ___ ___ ___ not be included on line 30(a). e. Multiply the amount on Line a LINE 30(b), Estimated Tax Paid—Enter Kentucky estimated by the decimal amount on Line d ..... _________________ tax payments made for 2008 and amounts credited from the f. Percent of allowable credit for 2007 return. x .20 Kentucky .............................................. _________________ Also, include on Line 30(b) payments prepaid with extension g. Multiply the amount on Line e requests. Identify as “prepaid with extension. ” by the decimal amount on Line f. LINE 30(c), Nonresident Withholding—Enter the amount of This is your Child and Dependent Kentucky income tax withheld from form PTE-WH, line 9. Care Credit. Enter on Line 25 ............. _________________ LINE 31—Total of amounts on Lines 30(a) through 30(c). Note: If you and your spouse are filing separate Kentucky Compare the amounts on Lines 29 and 31. If Line 31 is larger returns, the child and dependent care credit calculated for than Line 29, subtract Line 29 from Line 31. Enter the difference Kentucky must be divided based on the percentage of each on Line 32. This is the AMOUNT OVERPAID. spouse's adjusted gross income to total Kentucky adjusted gross income (Line 9). If Line 31 is smaller than Line 29, you owe additional tax. Sub- tract Line 31 from Line 29. Enter on Line 40. For instructions Line 27, Kentucky Use Tax—If, while a Kentucky resident, on payment, see Line 43, Amount You Owe. you made any out-of-state purchases of tangible personal property for use in Kentucky on which sales tax was not Line 32, Amount Overpaid—If you have an overpayment on charged, you must report Kentucky use tax on those purchases, Line 32, you may have all of this amount refunded to you on pursuant to KRS 139.330. Examples include catalog or Internet Line 39, and/or you may credit all or part of it toward your purchases such as clothing; sporting goods; flower bulbs, 2009 Kentucky estimated income tax on Line 38. You may also seeds and garden supplies; computer hardware and software; contribute all or a portion of your overpayment to the following photographic equipment and film processing; book, tape, CD funds: (a) on Line 33, the Nature and Wildlife Fund for the and video club purchases; magazine subscriptions; furniture; purpose of acquiring land to preserve habitat for wildlife and carpet; boats and boating equipment; etc. From your cancelled natural areas of historic or scenic value; (b) on Line 34, the checks, invoices, credit card statements, etc., list on the Child Victims' Trust Fund to support local programs designed following worksheet out-of-state purchases on which sales tax to prevent sexual abuse and exploitation of children; (c) on was not paid (use additional page if necessary). Line 35, the Veterans' Program Trust Fund which was created solely for the benefit of veterans' programs; or (d) on Line 36, the Breast Cancer Research and Education Trust Fund which Note:The items reported for use tax on Form 740-NP should be was created to fund breast cancer research and provide public those purchased strictly for personal use. Any use tax liabilities education about breast cancer. Amounts contributed on Line accruing to a business such as mail-order office supplies must 37 and/or credited on Line 38 must be subtracted from the be reported on the sales and use tax return or the consumer's overpayment and cannot exceed it. use tax return.The Department of Revenue routinely conducts compliance programs with other states regarding out-of-state Line 40, Additional Tax Due—This is your additional tax due purchases. Persons not reporting applicable use tax will be before penalties and interest. liable for the tax plus interest and penalties. 7