In order to be recognized as a purely public charity an institution must:
- Be non-profit and
- Be a public charity instead of a private charity
- The courts have defined a public charity as whatever is done or given for the relief of public burdens or for the advancement of the public good. Where the public is the beneficiary, the charity is public.
- American Red Cross or subsidized low-income housing project
- Non-profit hospitals
- Boy and Girl Scout Organizations
- Non-profit rehabilitation services for drug and alcohol abusers or mentally retarded
Leasehold Interest: The 1990 General Assembly amended KRS 132.195 says that when exempt real or personal property is leased to a business conducted for profit and a leasehold interest exists, that interest should be assessed to the lessee.
Non-profit Cemeteries: Section 170 of the Constitution specifies that only places of burial not held for private or corporate profit are to be exempted. Any income producing property must be placed on the tax roll even if the income generated is used to maintain the cemetery.
When an organization requests an exemption they need to request an application from the Property Valuation Office. Click here for forms.