41A720-S54 KBI-SP (10-23) Page 6 of 8
INSTRUCTIONS–SCHEDULE KBI–SP
PURPOSE OF SCHEDULE—This schedule is used by a
pass–through entity to determine the credit allowed against the
Kentucky income tax and/or LLET attributable to the project per
KRS 141.415.
NOTE: These credits do not pass through to members, partners,
or shareholders of pass-through entities.
Pass–through entities should first complete Form PTE to
determine net income (loss), deductions, etc., from the entire
operations of the pass–through entity. The pass–through entity
should then complete Schedule KBI–SP to determine the
KBI tax credit and the tax due, if any, from the KBI project. A
pass–through entity is subject to tax per KRS 141.020 and KRS
141.0401 on the net income and the Kentucky gross receipts or
Kentucky gross prots from the KBI project and the KBI credit
is applied against the tax of the KBI project. Consequently, the
pass–through entity must use Form PTE(K) to exclude the net
income from the KBI project from the partners’, members’, or
shareholders’ distributive share income.
Multiple Projects—A pass–through entity with multiple economic
development projects must complete the applicable schedules
(KREDA–SP, KIDA–SP, KJRA–SP, KIRA–SP, KJDA–SP, KBI–SP,
KRA–SP, IEIA–SP, or IEBA-SP) to determine the credit and net
tax liability, if any, for each project.
Line 1—If the pass–through entity’s only operation is the KBI
project, the amount entered on Line 1 is the net income (loss)
from Form PTE. If the pass–through entity has operations other
than the KBI project, a schedule must be attached reecting
the computation of the net income (loss) from the KBI project in
accordance with the following instructions and enter on Line 1.
In the rst and last years of each project, only calculate Kentucky
taxable income received during the term of the incentive
agreement.
Separate Facility—Per KRS 141.415(6), if the project is a
totally separate facility, net income, Kentucky gross receipts,
or Kentucky gross prots attributable to the project must be
determined by a separate accounting method.
Expansion of Existing Facility—Per KRS 141.415(7), if the KBI
project is an expansion to a previously existing facility, the net
income, Kentucky gross receipts, or Kentucky gross prots must
be determined under a separate accounting method reecting
the entire facility and the net income, Kentucky gross receipts,
or Kentucky gross prots must be determined by apportioning
the net income, Kentucky gross receipts, or Kentucky gross
prots of the entire facility to the economic development project
by a formula approved by the Department of Revenue. A copy
of the letter from the Department of Revenue approving the
percentage must be attached to the schedule.
Alternative Methods—Per KRS 141.415(8), if
the approved company can show that the nature of the
operations and activities of the approved company are
such that it is not practical to use a separate accounting method to
determine the net income, Kentucky gross receipts, or Kentucky
gross prots from the facility where the economic development
project is located, the approved company must use an alternative
method approved by the Department of Revenue. A copy of
the letter from the Department of Revenue approving the
alternative method must be attached to this schedule.
Separate Accounting—If the economic development project is
a totally separate facility, net income must reect only the gross
income, deductions, expenses, gains, and losses allowed under
this chapter directly attributable to the facility and overhead
expenses apportioned to the facility; and Kentucky gross
receipts or Kentucky gross prots must reect only Kentucky
gross receipts or Kentucky gross prots directly attributable to
the facility.
If the economic development project is an expansion to a
previously existing facility, net income of the entire facility must
reect only the gross income, deductions, expenses, gains, and
losses allowed under this chapter directly attributable to the
facility and overhead expenses apportioned to the facility; and
Kentucky gross receipts and Kentucky gross prots must reect
only Kentucky gross receipts and Kentucky gross prots directly
attributable to the facility. Net income, Kentucky gross receipts,
and Kentucky gross prots of the entire facility attributable
to the economic development project must be determined by
apportioning the net income, Kentucky gross receipts, and
Kentuck y gross prots by a formula approved by the Department
of Revenue.
Line 2—Enter the net operating loss from the KBI project, if any,
being carried forward from previous years.
Note: Just as the income from a KBI project does not ow
through to partners, members, or shareholders, neither do the
losses. The project’s net operating loss from prior years must
be subtracted from the project income before calculating the
KBI credit.
General Partnership—Lines 5 and 6 of this schedule should not
be completed by a general partnership as a general partnership
is not subject to LLET.
Line 5— Use Schedule L–ECON to compute a separate LLET
of the KBI project using only the Kentucky gross receipts and
Kentucky gross prots of the project and attach it to the return
when led. If approved for multiple projects, attach a separate
Schedule L–ECON for each project’s LLET computation. In the
rst and last years of each project, only calculate Kentucky LLET
received during the term of the incentive agreement.
Line 9—In lieu of the tax credit, the approved company may
elect, on an annual basis, to apply as an estimated tax payment
an amount equal to the allowable tax credit. Any estimated tax
payment must be in satisfaction of the tax liability of the partners,
members, or shareholders of the pass–through entity and must
be paid on behalf of the partners, members, or shareholders.
Enter an amount on either (a) or (b), but in no case should
there be an entry on both (a) and (b). Per KRS 141.415(5), this
estimated tax payment is excluded in determining each partner’s,
member’s, or shareholder’s distributive share income or credit
from a pass–through entity. Accordingly, the partners, members,
or shareholders are not entitled to claim any portion of this
estimated tax payment against their Kentucky income tax liability.
2023