Kentucky use tax is a 6% tax you owe on purchases you bring into or use in Kentucky when the seller didn’t collect Kentucky sales tax at the time of sale.1Justia Law. Kentucky Revised Statutes 139.310 – Imposition of Excise Tax on Storage, Use, or Other Consumption It applies to online orders, catalog purchases, shopping trips to other states, and digital goods like streaming services and downloaded software. The obligation sits with you as the buyer, not the seller, and it isn’t satisfied until you’ve actually paid the state.2Justia Law. Kentucky Revised Statutes 139.330 – Purchasers Liability for Tax Imposed by KRS 139.310 If another state’s sales tax was already charged on the same item, Kentucky credits that amount, so you only owe the difference up to 6%.
When You Owe It
The rule of thumb: if you would have paid 6% Kentucky sales tax buying the same item at a local store, you owe use tax when the out-of-state seller doesn’t collect it. That covers furniture ordered online, clothing and jewelry bought while traveling, computer equipment, office supplies, exercise equipment, and similar consumer goods.3Kentucky Department of Revenue. Consumer Use Tax
Digital property is in scope too, and it doesn’t matter whether you own the item outright or access it through a subscription. Streaming services, downloaded movies, and cloud-based software all count if the provider didn’t charge Kentucky sales tax.1Justia Law. Kentucky Revised Statutes 139.310 – Imposition of Excise Tax on Storage, Use, or Other Consumption Certain services listed under KRS 139.200 are also taxable.
A tax-free invoice doesn’t let you off. Your liability as a Kentucky buyer exists on its own and only ends when you pay the tax to the state.2Justia Law. Kentucky Revised Statutes 139.330 – Purchasers Liability for Tax Imposed by KRS 139.310 The dollar size of the purchase doesn’t change the rule.
Items that are exempt from Kentucky sales tax are exempt from use tax too. Groceries, prescription medications, and certain manufacturing equipment fall in that category. If you wouldn’t pay sales tax on it at a Kentucky store, you don’t owe use tax on it either.
Credit for Sales Tax Paid to Another State
This is the piece most people miss. If you already paid another state’s sales tax on the purchase, Kentucky credits that amount against your use tax, and you only owe the gap up to 6%.3Kentucky Department of Revenue. Consumer Use Tax4Kentucky Legislative Research Commission. Kentucky Code 139.510 – Use Tax Credit for Sales Tax Paid in Another State
Say you bought a $1,000 television while visiting a state with a 4% sales tax and paid $40 there. Your Kentucky use tax would be $60, minus the $40 credit, leaving a $20 balance. Paid 6% or more somewhere else? You owe nothing to Kentucky. Keep the receipt showing the out-of-state tax; it’s your proof of the credit.
How Much You Owe
Multiply the total purchase price by 6%. The taxable amount includes delivery charges such as shipping, handling, postage, and packing fees.5Kentucky Legislative Research Commission. Kentucky Code 139.010 – Definitions for Chapter A $500 laptop with a $20 shipping charge means 6% of $520, or $31.20.
For multiple untaxed purchases over the year, add the totals (shipping included), apply 6%, then subtract any credits for sales tax paid to other states on those items.
The Look-Up Table Shortcut
If you didn’t save receipts for every small online order, Kentucky offers a look-up table that estimates your use tax from your adjusted gross income. The table appears in the Form 740 instructions and on the Department of Revenue website.3Kentucky Department of Revenue. Consumer Use Tax The estimated amounts are:
- $0–$10,000 AGI: $4
- $10,001–$20,000: $12
- $20,001–$30,000: $20
- $30,001–$40,000: $28
- $40,001–$50,000: $36
- $50,001–$75,000: $50
- $75,001–$100,000: $70
- Above $100,000: AGI multiplied by 0.08%
The table is meant for small consumer purchases. If you made a large untaxed purchase and have the receipt, calculate the actual 6% on that item instead; the table figure will almost certainly understate what you owe.
Vehicles Are Handled Separately
A vehicle you buy out of state or bring in as a new resident isn’t reported on your income tax return. Kentucky’s motor vehicle usage tax is also 6%, but you pay it to the county clerk when you register or title the vehicle. New residents receive a credit for a substantially identical tax paid to their previous state, provided that state extends the same credit to Kentucky residents.6Kentucky Department of Revenue. Motor Vehicle Usage Tax
How to File and Pay
You have two options as an individual taxpayer:
- Report on your Kentucky income tax return. Line 27 of Form 740 is designated for use tax on internet, mail order, and other out-of-state purchases. Enter either the look-up table figure or your actual calculated amount. This is the simpler route for most people.7Kentucky Department of Revenue. Kentucky Individual Income Tax Return Form 740
- File Form 51A113, the Consumer’s Use Tax Return. This form is for people who are not registered consumers or registered retailers, and you can file it each time you make a taxable purchase. Mail it with a check or money order payable to “KY State Treasurer” to the Department of Revenue in Frankfort.8Kentucky Department of Revenue. Consumers Use Tax Return3Kentucky Department of Revenue. Consumer Use Tax
Electronic filing and payment is available through the Kentucky Taxpayer Portal at mytaxes.ky.gov.9Kentucky Department of Revenue. Filing Tips Whichever route you take, hold on to purchase receipts, shipping confirmations, and any proof of sales tax paid to other states. Those records protect you if the Department of Revenue ever asks questions.
What It Costs If You Don’t Pay
Skipping use tax gets expensive fast. Kentucky stacks two separate penalties:10Kentucky Department of Revenue. Penalties, Interest and Fees
- A late filing penalty of 2% of the tax due for each 30-day period (or partial period) your return is late, capped at 20%, with a $10 minimum.
- A late payment penalty of 2% of the tax due for each 30-day period you’re late paying, also capped at 20% with a $10 minimum.
Both can apply to the same filing period, so the worst case on penalties alone is 40% of the tax owed. Interest accrues on top of that at a rate the state sets annually, calculated daily from the due date.11Kentucky Department of Revenue. Kentucky Sales and Use Tax Instructions If the balance is still unpaid 60 days after the Department of Revenue sends its initial notice, a 25% cost-of-collection fee is added.10Kentucky Department of Revenue. Penalties, Interest and Fees A $100 use tax bill left to sit can easily grow to $165 or more. Filing on time, even for a small amount, is always cheaper than cleaning up later.