Kentucky Revised Statutes

Ky. Rev. Stat. § 140.130 (2026)

Levy of estate tax -- Computation -- Payment -- Administration

✓ current as of May 2026

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(1) In addition to the inheritance tax hereinbefore imposed, an estate tax is hereby levied on all estates equal to the amount by which the credits for state death taxes allowable under the federal tax law exceeds the tax levied under KRS 140.010, less the discount allowed under KRS 140.210, if taken by the taxpayer. Said tax shall be payable at the same time and in the same manner as the inheritance taxes levied by this chapter.

(2) In the case of resident decedents and nonresident decedents over part of whose estates Kentucky has tax jurisdiction the estate tax shall be computed as follows:

(a) The ratio which that part of the net estate over which Kentucky has jurisdiction for estate tax purposes bears to the total net estate wherever located shall be ascertained.

(b) The total maximum offset for state succession taxes allowed under the provisions of the federal estate tax law shall be multiplied by the ascertained ratio to determine the offset allocable to this state.

(c) The estate tax levied by this section shall equal the amount, if any, by which the offset allocable to this state shall exceed the inheritance taxes under KRS 140.010, less the discount allowed under KRS 140.210, if taken by the taxpayer.

(3) All administrative provisions of this chapter, to the extent that they are applicable, shall be available for the enforcement of this section and KRS 140.140. History: Amended 1942 Ky. Acts ch. 204, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4281a-28, 4281a-30.

Notes of Decisions

Cited in 1 case, 1945–1945 · leading case: Commonwealth v. Van Meter, 190 S.W.2d 668 (Ky. Ct. App. 1945).

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Commonwealth v. Van Meter, 190 S.W.2d 668 (Ky. Ct. App. 1945). “(1) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied by KRS 140.130. The aggrieved taxpayer shall pay the ‘tax under protest as and when required, and may at any time within two years from the date of such payment sue the…”

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