Kentucky Court Says State Can’t Tax Interest on Out-of-State Bonds

Klotz on Bonds

Home > News and Perspectives > Kentucky Court Says State Can’t Tax Interest on Out-of-State Bonds

<h3>James A. Klotz</h3>

James A. Klotz

In a decision that may have far reaching implications for the municipal bond market, the Kentucky Court of Appeals ruled that it is unconstitutional for the state to tax interest received by its residents from tax-free bonds issued by other states and political subdivisions.

The state is expected to appeal the decision to the Kentucky Supreme Court. If upheld, the ruling will likely encourage similar challenges to taxation in other states that tax out-of-state issues.

The case was brought against the Kentucky Department of Revenue in 2003 by Mr. and Mrs. George Davis. The appeals court found Kentucky’s taxation system “clearly” unconstitutional because it allows more favorable tax treatment to in-state bonds than it does for “extraterritorially issued” bonds.

The Kentucky ruling also paves the way for the plaintiffs to seek class-action certification. This could make the state potentially responsible for refunding tax payments, not only to the Davises, but also to other Kentucky taxpayers who join the lawsuit.

If the lawsuit is ultimately successful, it could have a major impact on the municipal bond market. Existing tax policy causes most municipal bond investors to purchase bonds issued in their state of residence in order to avoid state taxes. A dramatic change in investor preference could significantly change municipal finance throughout the country.

Needless to say, tax-free bond investors and revenue officials from other states will be following this case very closely. So will we.

James A. Klotz

President

James A. Klotz is the President of FMSbonds, Inc.
Email the Author

Jan 16, 2006

Please note that all investing entails risk. Fixed income securities are subject to risks that will affect their value prior to maturity. Some of these risks can be related to changes in market conditions, issuer creditworthiness, and interest rates. This commentary is not a recommendation to buy or sell a specific security. All references to tax-free income refer to U.S. federal income tax. Income earned by certain investors may be subject to the Alternative Minimum Tax (AMT), and or taxation by state and local authorities. Please consult with your tax professional prior to investing. For more information on these topics please click on the “Bond Basics” link below or search by keyword at the top of this page.