Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2036 Amended / Bill

                    Session of 2024
Senate Substitute for HOUSE BILL No. 2036
By Committee on Assessment and Taxation
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AN ACT concerning sales taxation; relating to exemptions; providing an 
exemption for certain purchases by disabled veterans of the armed 
forces of the United States.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) On and after July 1, 2025, notwithstanding any 
provision of law to the contrary, all sales of tangible personal property or 
services, except sales of motor vehicles, alcoholic beverages, tobacco, 
electronic cigarettes as defined by K.S.A. 79-3301, and amendments 
thereto, and consumable material as defined by K.S.A. 79-3399, and 
amendments thereto, for such electronic cigarettes, to persons who are 
residents of this state and have been honorably discharged from active 
service in any branch of the armed forces of the United States and who are 
certified by the United States department of veterans affairs or its 
successor to have a 50% or greater disability, provided that the disability is 
permanent and was sustained through military action or accident or 
resulted from disease contracted while in such active service, shall be 
exempt from the tax imposed by the Kansas retailers' sales tax act. Sales of 
items or services for the benefit of the eligible person, as provided by this 
section, that are purchased on behalf of such eligible person by a spouse or 
by a member of the household in which the eligible person resides and 
who is authorized to make purchases on the eligible person's behalf shall 
also be exempt for purposes of this section. The surviving spouse of an 
eligible person who was receiving an exemption pursuant to this section at 
the time of such person's death shall be eligible to continue to receive such 
exemption until the surviving spouse remarries. This exemption shall 
apply only to such property and services that are used or will be used for 
the personal use of the eligible person or such person's spouse or surviving 
spouse and not used for the production of income.
(b) Sales qualifying for the exemption authorized by this section shall 
not exceed $24,000 per year per eligible person.
(c) Prior to claiming any such exemption, an eligible person claiming 
an exemption pursuant to this section shall apply to and obtain from the 
secretary of revenue a veteran exemption identification number. The 
secretary shall prescribe the application form for such number, and such 
eligible person shall provide with the application information sufficient to 
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establish that such eligible person qualifies for the sales tax exemption. 
The department of revenue shall also provide to each qualifying eligible 
person an exemption certificate in the form of a driver's-license-size card 
that includes the veteran exemption identification number of such eligible 
person and any other information necessary to prove eligibility to any 
retailer. Such eligible person shall present the exemption certificate card or 
enter the issued identification number on any exemption certificate 
presented to any retailer when claiming the sales tax exemption on any 
qualifying purchases.
(d) Upon request of the secretary, an eligible person asserting or 
claiming the exemption authorized by this section shall provide a 
statement, executed under oath, that the total sales amounts for which the 
exemption is applicable have not exceeded the individual taxpayer's yearly 
limit prescribed by this section. If the amount of such exempt sales 
exceeds such prescribed limit, the sales tax in excess of the authorized 
amount shall be treated as a direct sales tax liability and may be recovered 
by the department of revenue in the same manner as provided by the 
Kansas retailers' sales tax act.
(e) This section shall be a part of and supplemental to the Kansas 
retailers' sales tax act.
Sec. 2. This act shall take effect and be in force from and after its 
publication in the statute book.
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