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Kentucky Revenue

Kentucky Tax Assessment Protest: The 60-Day Deadline

A Kentucky Department of Revenue assessment generally must be protested in writing within the statutory period stated in the notice.

A Kentucky Department of Revenue Notice of Tax Due is not merely a bill when it reflects a proposed or final assessment. Kentucky law provides a written protest procedure, and the deadline can determine whether the taxpayer receives administrative review.

The general protest period

Under KRS 131.110, an assessment issued on or after July 1, 2018 generally may be protested by filing a written protest within 60 days from the date of the notice. Older assessments can be governed by a different period. The actual notice date, assessment type, and instructions should be verified rather than relying on a calendar estimate.

What a protest should contain

A useful protest identifies the taxpayer, tax type, periods, assessment or case number, disputed amounts, and each factual and legal ground for disagreement. Relevant records should be identified and organized. A bare statement that the assessment is unfair may preserve less than a specific explanation supported by documents.

Issues commonly requiring review

  • Whether the Department used correct income, sales, payroll, or withholding data.
  • Whether payments, withholding, credits, or amended returns were applied.
  • Whether Kentucky has jurisdiction or the transaction has the required state connection.
  • Whether penalties have a legal or reasonable-cause defense.
  • Whether the assessment was timely under the applicable limitation period.
  • Whether an officer, member, or other individual can be personally assessed.

Protest and collection are different stages

The best time to contest the amount is usually during the protest process, before the liability becomes final and moves into collection. Once the protest period expires, payment arrangements or hardship relief may address collection but may not reopen every liability issue.

A federal IRS response does not automatically resolve the Kentucky assessment. State and federal notices, deadlines, and appeal routes should be tracked separately.

Primary sources