Kansas 2023-2024 Regular Session

Kansas House Bill HB2837 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2837
33 By Committee on Taxation
44 Requested by Rep. Awerkamp
55 3-13
66 AN ACT concerning taxation; relating to income tax; modifying tax rates
77 for individuals; increasing the Kansas personal exemption; increasing
88 the income limit to qualify for a subtraction modification for social
99 security income; relating to privilege tax; decreasing the normal tax
1010 rate; relating to property tax; increasing the extent of exemption for
1111 residential property from the statewide school levy; relating to sales
1212 and compensating use tax; reducing the state rate of tax on sales of food
1313 and food ingredients; modifying the percent credited to the state
1414 highway fund from revenue collected; amending K.S.A. 79-1107 and
1515 79-1108 and K.S.A. 2023 Supp. 79-201x, 79-32,110, 79-32,117, 79-
1616 32,121, 79-3603, 79-3603d, 79-3620, 79-3703 and 79-3710 and
1717 repealing the existing sections.
1818 Be it enacted by the Legislature of the State of Kansas:
1919 Section 1. K.S.A. 2023 Supp. 79-201x is hereby amended to read as
2020 follows: 79-201x. (a) For taxable year 2022 2024, and all taxable years
2121 thereafter, the following described property, to the extent herein specified,
2222 shall be and is hereby exempt from the property tax levied pursuant to the
2323 provisions of K.S.A. 72-5142, and amendments thereto: Property used for
2424 residential purposes to the extent of $40,000 $75,000 of its appraised
2525 valuation.
2626 (b) For taxable year 2023, and all taxable years thereafter, the dollar
2727 amount of the extent of appraised valuation that is exempt pursuant to
2828 subsection (a) shall be adjusted to reflect the average percentage change in
2929 statewide residential valuation of all residential real property for the
3030 preceding 10 years. Such average percentage change shall not be less than
3131 zero. The director of property valuation shall calculate the average
3232 percentage change for purposes of this annual adjustment and calculate the
3333 dollar amount of the extent of appraised valuation that is exempt pursuant
3434 to this section each year.
3535 Sec. 2. K.S.A. 79-1107 is hereby amended to read as follows: 79-
3636 1107. (a) Every national banking association and state bank located or
3737 doing business within the state shall pay to the state for the privilege of
3838 doing business within the state a tax according to or measured by its net
3939 income for the next preceding taxable year to be computed as provided in
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7575 this act. Such tax shall consist of a normal tax and a surtax and shall be
7676 computed as follows:
7777 (a)(1) (A) For tax year 2024, the normal tax shall be an amount equal
7878 to 2 
7979 1
8080 /4% 2.25% of such net income; and
8181 (B) for tax year 2025, the normal tax shall be an amount equal to
8282 1.94% of such net income; and
8383 (C) for tax year 2026, and all tax years thereafter, the normal tax
8484 shall be an amount equal to 1.63% of such net income; and
8585 (b)(2) the surtax shall be an amount equal to 2 
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8787 /8% 2.125% of such
8888 net income in excess of $25,000.
8989 (b) The tax levied shall be in lieu of ad valorem taxes which might
9090 otherwise be imposed by the state or political subdivisions thereof upon
9191 shares of capital stock or the intangible assets of national banking
9292 associations and state banks.
9393 Sec. 3. K.S.A. 79-1108 is hereby amended to read as follows: 79-
9494 1108. (a) Every trust company and savings and loan association located or
9595 doing business within the state shall pay to the state for the privilege of
9696 doing business within the state a tax according to or measured by its net
9797 income for the next preceding taxable year to be computed as provided in
9898 this act. Such tax shall consist of a normal tax and a surtax and shall be
9999 computed as follows:
100100 (a)(1) (A) For tax year 2024, the normal tax on every trust company
101101 and savings and loan association shall be an amount equal to 2 
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103103 /4% 2.25%
104104 of such net income; and
105105 (B) for tax year 2025, the normal tax on every trust company and
106106 savings and loan association shall be an amount equal to 1.93% of such
107107 net income; and
108108 (C) for tax year 2026, and all tax years thereafter, the normal tax on
109109 every trust company and savings and loan association shall be an amount
110110 equal to 1.61% of such net income; and
111111 (b)(2) the surtax on every trust company and savings and loan
112112 association shall be an amount equal to 2
113113  1
114114 /4% 2.25% of such net income in
115115 excess of $25,000.
116116 (b) The tax levied shall be in lieu of ad valorem taxes which might
117117 otherwise be imposed by the state or political subdivision thereof upon
118118 shares of capital stock or other intangible assets of trust companies and
119119 savings and loan associations.
120120 Sec. 4. K.S.A. 2023 Supp. 79-32,110 is hereby amended to read as
121121 follows: 79-32,110. (a) Resident Individuals. Except as otherwise provided
122122 by K.S.A. 79-3220(a), and amendments thereto, a tax is hereby imposed
123123 upon the Kansas taxable income of every resident individual, which tax
124124 shall be computed in accordance with the following tax schedules:
125125 (1) Married individuals filing joint returns.
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169169 (A) For tax year 2012:
170170 If the taxable income is: The tax is:
171171 Not over $30,000 ......................................3.5% of Kansas taxable income
172172 Over $30,000 but not over $60,000 ..........$1,050 plus 6.25% of excess
173173 over $30,000
174174 Over $60,000 .............................................$2,925 plus 6.45% of excess
175175 over $60,000
176176 (B) For tax year 2013:
177177 If the taxable income is: The tax is:
178178 Not over $30,000 ......................................3.0% of Kansas taxable income
179179 Over $30,000 .............................................$900 plus 4.9% of excess over
180180 $30,000
181181 (C) For tax year 2014:
182182 If the taxable income is: The tax is:
183183 Not over $30,000 ......................................2.7% of Kansas taxable income
184184 Over $30,000 .............................................$810 plus 4.8% of excess over
185185 $30,000
186186 (D) For tax years 2015 and 2016:
187187 If the taxable income is: The tax is:
188188 Not over $30,000 ......................................2.7% of Kansas taxable income
189189 Over $30,000 .............................................$810 plus 4.6% of excess over
190190 $30,000
191191 (E) For tax year 2017:
192192 If the taxable income is: The tax is:
193193 Not over $30,000 ......................................2.9% of Kansas taxable income
194194 Over $30,000 but not over $60,000 ..........$870 plus 4.9% of excess over
195195 $30,000
196196 Over $60,000 .............................................$2,340 plus 5.2% of excess over
197197 $60,000
198198 (F) For tax year years 2018, and all tax years thereafter through 2023:
199199 If the taxable income is: The tax is:
200200 Not over $30,000......................................3.1% of Kansas taxable income
201201 Over $30,000 but not over $60,000..........$930 plus 5.25% of excess
202202 over $30,000
203203 Over $60,000.............................................$2,505 plus 5.7% of excess
204204 over $60,000
205205 (2) All other individuals.
206206 (A) For tax year 2012:
207207 If the taxable income is: The tax is:
208208 Not over $15,000 ......................................3.5% of Kansas taxable income
209209 Over $15,000 but not over $30,000 ..........$525 plus 6.25% of excess
210210 over $15,000
211211 Over $30,000 .............................................$1,462.50 plus 6.45% of excess
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255255 over $30,000
256256 (B) For tax year 2013:
257257 If the taxable income is: The tax is:
258258 Not over $15,000 ......................................3.0% of Kansas taxable income
259259 Over $15,000 .............................................$450 plus 4.9% of excess over
260260 $15,000
261261 (C) For tax year 2014:
262262 If the taxable income is: The tax is:
263263 Not over $15,000 ......................................2.7% of Kansas taxable income
264264 Over $15,000 .............................................$405 plus 4.8% of excess over
265265 $15,000
266266 (D) For tax years 2015 and 2016:
267267 If the taxable income is: The tax is:
268268 Not over $15,000 ......................................2.7% of Kansas taxable income
269269 Over $15,000 .............................................$405 plus 4.6% of excess over
270270 $15,000
271271 (E) For tax year 2017:
272272 If the taxable income is: The tax is:
273273 Not over $15,000 ......................................2.9% of Kansas taxable income
274274 Over $15,000 but not over $30,000 ..........$435 plus 4.9% of excess over
275275 $15,000
276276 Over $30,000 .............................................$1,170 plus 5.2% of excess over
277277 $30,000
278278 (F) For tax year years 2018, and all tax years thereafter through 2023:
279279 If the taxable income is: The tax is:
280280 Not over $15,000......................................3.1% of Kansas taxable income
281281 Over $15,000 but not over $30,000..........$465 plus 5.25% of excess
282282 over $15,000
283283 Over $30,000.............................................$1,252.50 plus 5.7% of excess
284284 over $30,000
285285 (3) All resident individuals. For all individuals regardless of filing
286286 status, the tax shall be in an amount equal to 5.6% of Kansas taxable
287287 income for tax year 2024, and all tax years thereafter.
288288 (b) Nonresident Individuals. A tax is hereby imposed upon the Kansas
289289 taxable income of every nonresident individual, which tax shall be an
290290 amount equal to the tax computed under subsection (a) as if the
291291 nonresident were a resident multiplied by the ratio of modified Kansas
292292 source income to Kansas adjusted gross income.
293293 (c) Corporations. A tax is hereby imposed upon the Kansas taxable
294294 income of every corporation doing business within this state or deriving
295295 income from sources within this state. Such tax shall consist of a normal
296296 tax and a surtax and shall be computed as follows unless otherwise
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340340 modified pursuant to K.S.A. 2023 Supp. 74-50,321, and amendments
341341 thereto:
342342 (1) The normal tax shall be in an amount equal to 4% of the Kansas
343343 taxable income of such corporation; and
344344 (2) The surtax shall be in an amount equal to 3% of the Kansas
345345 taxable income of such corporation in excess of $50,000.
346346 (d) Fiduciaries. A tax is hereby imposed upon the Kansas taxable
347347 income of estates and trusts at the rates provided in subsection (a)(2)
348348 hereof for tax years 2018 through 2023 and at the rate provided in
349349 subsection (a)(3) for tax year 2024, and all tax years thereafter.
350350 (e) Notwithstanding the provisions of subsections (a) and (b): (1) For
351351 tax years 2016 and 2017, married individuals filing joint returns with
352352 taxable income of $12,500 or less, and all other individuals with taxable
353353 income of $5,000 or less, shall have a tax liability of zero; and (2), for tax
354354 year years 2018, and all tax years thereafter through 2023, married
355355 individuals filing joint returns with taxable income of $5,000 or less, and
356356 all other individuals with taxable income of $2,500 or less, shall have a tax
357357 liability of zero.
358358 (f) No taxpayer shall be assessed penalties and interest arising from
359359 the underpayment of taxes due to changes to the rates in subsection (a) that
360360 became law on July 1, 2017, so long as such underpayment is rectified on
361361 or before April 17, 2018.
362362 Sec. 5. K.S.A. 2023 Supp. 79-32,117 is hereby amended to read as
363363 follows: 79-32,117. (a) The Kansas adjusted gross income of an individual
364364 means such individual's federal adjusted gross income for the taxable year,
365365 with the modifications specified in this section.
366366 (b) There shall be added to federal adjusted gross income:
367367 (i) Interest income less any related expenses directly incurred in the
368368 purchase of state or political subdivision obligations, to the extent that the
369369 same is not included in federal adjusted gross income, on obligations of
370370 any state or political subdivision thereof, but to the extent that interest
371371 income on obligations of this state or a political subdivision thereof issued
372372 prior to January 1, 1988, is specifically exempt from income tax under the
373373 laws of this state authorizing the issuance of such obligations, it shall be
374374 excluded from computation of Kansas adjusted gross income whether or
375375 not included in federal adjusted gross income. Interest income on
376376 obligations of this state or a political subdivision thereof issued after
377377 December 31, 1987, shall be excluded from computation of Kansas
378378 adjusted gross income whether or not included in federal adjusted gross
379379 income.
380380 (ii) Taxes on or measured by income or fees or payments in lieu of
381381 income taxes imposed by this state or any other taxing jurisdiction to the
382382 extent deductible in determining federal adjusted gross income and not
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426426 credited against federal income tax. This paragraph shall not apply to taxes
427427 imposed under the provisions of K.S.A. 79-1107 or 79-1108, and
428428 amendments thereto, for privilege tax year 1995, and all such years
429429 thereafter.
430430 (iii) The federal net operating loss deduction, except that the federal
431431 net operating loss deduction shall not be added to an individual's federal
432432 adjusted gross income for tax years beginning after December 31, 2016.
433433 (iv) Federal income tax refunds received by the taxpayer if the
434434 deduction of the taxes being refunded resulted in a tax benefit for Kansas
435435 income tax purposes during a prior taxable year. Such refunds shall be
436436 included in income in the year actually received regardless of the method
437437 of accounting used by the taxpayer. For purposes hereof, a tax benefit shall
438438 be deemed to have resulted if the amount of the tax had been deducted in
439439 determining income subject to a Kansas income tax for a prior year
440440 regardless of the rate of taxation applied in such prior year to the Kansas
441441 taxable income, but only that portion of the refund shall be included as
442442 bears the same proportion to the total refund received as the federal taxes
443443 deducted in the year to which such refund is attributable bears to the total
444444 federal income taxes paid for such year. For purposes of the foregoing
445445 sentence, federal taxes shall be considered to have been deducted only to
446446 the extent such deduction does not reduce Kansas taxable income below
447447 zero.
448448 (v) The amount of any depreciation deduction or business expense
449449 deduction claimed on the taxpayer's federal income tax return for any
450450 capital expenditure in making any building or facility accessible to the
451451 handicapped, for which expenditure the taxpayer claimed the credit
452452 allowed by K.S.A. 79-32,177, and amendments thereto.
453453 (vi) Any amount of designated employee contributions picked up by
454454 an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965,
455455 and amendments thereto.
456456 (vii) The amount of any charitable contribution made to the extent the
457457 same is claimed as the basis for the credit allowed pursuant to K.S.A. 79-
458458 32,196, and amendments thereto.
459459 (viii) The amount of any costs incurred for improvements to a swine
460460 facility, claimed for deduction in determining federal adjusted gross
461461 income, to the extent the same is claimed as the basis for any credit
462462 allowed pursuant to K.S.A. 79-32,204, and amendments thereto.
463463 (ix) The amount of any ad valorem taxes and assessments paid and
464464 the amount of any costs incurred for habitat management or construction
465465 and maintenance of improvements on real property, claimed for deduction
466466 in determining federal adjusted gross income, to the extent the same is
467467 claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,203,
468468 and amendments thereto.
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512512 (x) Amounts received as nonqualified withdrawals, as defined by
513513 K.S.A. 75-643, and amendments thereto, if, at the time of contribution to a
514514 family postsecondary education savings account, such amounts were
515515 subtracted from the federal adjusted gross income pursuant to subsection
516516 (c)(xv) or if such amounts are not already included in the federal adjusted
517517 gross income.
518518 (xi) The amount of any contribution made to the same extent the
519519 same is claimed as the basis for the credit allowed pursuant to K.S.A. 74-
520520 50,154, and amendments thereto.
521521 (xii) For taxable years commencing after December 31, 2004,
522522 amounts received as withdrawals not in accordance with the provisions of
523523 K.S.A. 74-50,204, and amendments thereto, if, at the time of contribution
524524 to an individual development account, such amounts were subtracted from
525525 the federal adjusted gross income pursuant to subsection (c)(xiii), or if
526526 such amounts are not already included in the federal adjusted gross
527527 income.
528528 (xiii) The amount of any expenditures claimed for deduction in
529529 determining federal adjusted gross income, to the extent the same is
530530 claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,217
531531 through 79-32,220 or 79-32,222, and amendments thereto.
532532 (xiv) The amount of any amortization deduction claimed in
533533 determining federal adjusted gross income to the extent the same is
534534 claimed for deduction pursuant to K.S.A. 79-32,221, and amendments
535535 thereto.
536536 (xv) The amount of any expenditures claimed for deduction in
537537 determining federal adjusted gross income, to the extent the same is
538538 claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,223
539539 through 79-32,226, 79-32,228 through 79-32,231, 79-32,233 through 79-
540540 32,236, 79-32,238 through 79-32,241, 79-32,245 through 79-32,248 or 79-
541541 32,251 through 79-32,254, and amendments thereto.
542542 (xvi) The amount of any amortization deduction claimed in
543543 determining federal adjusted gross income to the extent the same is
544544 claimed for deduction pursuant to K.S.A. 79-32,227, 79-32,232, 79-
545545 32,237, 79-32,249, 79-32,250 or 79-32,255, and amendments thereto.
546546 (xvii) The amount of any amortization deduction claimed in
547547 determining federal adjusted gross income to the extent the same is
548548 claimed for deduction pursuant to K.S.A. 79-32,256, and amendments
549549 thereto.
550550 (xviii) For taxable years commencing after December 31, 2006, the
551551 amount of any ad valorem or property taxes and assessments paid to a state
552552 other than Kansas or local government located in a state other than Kansas
553553 by a taxpayer who resides in a state other than Kansas, when the law of
554554 such state does not allow a resident of Kansas who earns income in such
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598598 other state to claim a deduction for ad valorem or property taxes or
599599 assessments paid to a political subdivision of the state of Kansas in
600600 determining taxable income for income tax purposes in such other state, to
601601 the extent that such taxes and assessments are claimed as an itemized
602602 deduction for federal income tax purposes.
603603 (xix) For taxable years beginning after December 31, 2012, and
604604 ending before January 1, 2017, the amount of any: (1) Loss from business
605605 as determined under the federal internal revenue code and reported from
606606 schedule C and on line 12 of the taxpayer's form 1040 federal individual
607607 income tax return; (2) loss from rental real estate, royalties, partnerships, S
608608 corporations, except those with wholly owned subsidiaries subject to the
609609 Kansas privilege tax, estates, trusts, residual interest in real estate
610610 mortgage investment conduits and net farm rental as determined under the
611611 federal internal revenue code and reported from schedule E and on line 17
612612 of the taxpayer's form 1040 federal individual income tax return; and (3)
613613 farm loss as determined under the federal internal revenue code and
614614 reported from schedule F and on line 18 of the taxpayer's form 1040
615615 federal income tax return; all to the extent deducted or subtracted in
616616 determining the taxpayer's federal adjusted gross income. For purposes of
617617 this subsection, references to the federal form 1040 and federal schedule
618618 C, schedule E, and schedule F, shall be to such form and schedules as they
619619 existed for tax year 2011, and as revised thereafter by the internal revenue
620620 service.
621621 (xx) For taxable years beginning after December 31, 2012, and
622622 ending before January 1, 2017, the amount of any deduction for self-
623623 employment taxes under section 164(f) of the federal internal revenue
624624 code as in effect on January 1, 2012, and amendments thereto, in
625625 determining the federal adjusted gross income of an individual taxpayer, to
626626 the extent the deduction is attributable to income reported on schedule C,
627627 E or F and on line 12, 17 or 18 of the taxpayer's form 1040 federal income
628628 tax return.
629629 (xxi) For taxable years beginning after December 31, 2012, and
630630 ending before January 1, 2017, the amount of any deduction for pension,
631631 profit sharing, and annuity plans of self-employed individuals under
632632 section 62(a)(6) of the federal internal revenue code as in effect on January
633633 1, 2012, and amendments thereto, in determining the federal adjusted gross
634634 income of an individual taxpayer.
635635 (xxii) For taxable years beginning after December 31, 2012, and
636636 ending before January 1, 2017, the amount of any deduction for health
637637 insurance under section 162(l) of the federal internal revenue code as in
638638 effect on January 1, 2012, and amendments thereto, in determining the
639639 federal adjusted gross income of an individual taxpayer.
640640 (xxiii) For taxable years beginning after December 31, 2012, and
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684684 ending before January 1, 2017, the amount of any deduction for domestic
685685 production activities under section 199 of the federal internal revenue code
686686 as in effect on January 1, 2012, and amendments thereto, in determining
687687 the federal adjusted gross income of an individual taxpayer.
688688 (xxiv) For taxable years commencing after December 31, 2013, that
689689 portion of the amount of any expenditure deduction claimed in
690690 determining federal adjusted gross income for expenses paid for medical
691691 care of the taxpayer or the taxpayer's spouse or dependents when such
692692 expenses were paid or incurred for an abortion, or for a health benefit plan,
693693 as defined in K.S.A. 65-6731, and amendments thereto, for the purchase of
694694 an optional rider for coverage of abortion in accordance with K.S.A. 40-
695695 2,190, and amendments thereto, to the extent that such taxes and
696696 assessments are claimed as an itemized deduction for federal income tax
697697 purposes.
698698 (xxv) For taxable years commencing after December 31, 2013, that
699699 portion of the amount of any expenditure deduction claimed in
700700 determining federal adjusted gross income for expenses paid by a taxpayer
701701 for health care when such expenses were paid or incurred for abortion
702702 coverage, a health benefit plan, as defined in K.S.A. 65-6731, and
703703 amendments thereto, when such expenses were paid or incurred for
704704 abortion coverage or amounts contributed to health savings accounts for
705705 such taxpayer's employees for the purchase of an optional rider for
706706 coverage of abortion in accordance with K.S.A. 40-2,190, and
707707 amendments thereto, to the extent that such taxes and assessments are
708708 claimed as a deduction for federal income tax purposes.
709709 (xxvi) For all taxable years beginning after December 31, 2016, the
710710 amount of any charitable contribution made to the extent the same is
711711 claimed as the basis for the credit allowed pursuant to K.S.A. 72-4357, and
712712 amendments thereto, and is also claimed as an itemized deduction for
713713 federal income tax purposes.
714714 (xxvii) For all taxable years commencing after December 31, 2020,
715715 the amount deducted by reason of a carryforward of disallowed business
716716 interest pursuant to section 163(j) of the federal internal revenue code of
717717 1986, as in effect on January 1, 2018.
718718 (xxviii) For all taxable years beginning after December 31, 2021, the
719719 amount of any contributions to, or earnings from, a first-time home buyer
720720 savings account if distributions from the account were not used to pay for
721721 expenses or transactions authorized pursuant to K.S.A. 2023 Supp. 58-
722722 4904, and amendments thereto, or were not held for the minimum length
723723 of time required pursuant to K.S.A. 2023 Supp. 58-4904, and amendments
724724 thereto. Contributions to, or earnings from, such account shall also include
725725 any amount resulting from the account holder not designating a surviving
726726 payable on death beneficiary pursuant to K.S.A. 2023 Supp. 58-4904(e),
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771771 (c) There shall be subtracted from federal adjusted gross income:
772772 (i) Interest or dividend income on obligations or securities of any
773773 authority, commission or instrumentality of the United States and its
774774 possessions less any related expenses directly incurred in the purchase of
775775 such obligations or securities, to the extent included in federal adjusted
776776 gross income but exempt from state income taxes under the laws of the
777777 United States.
778778 (ii) Any amounts received which are included in federal adjusted
779779 gross income but which are specifically exempt from Kansas income
780780 taxation under the laws of the state of Kansas.
781781 (iii) The portion of any gain or loss from the sale or other disposition
782782 of property having a higher adjusted basis for Kansas income tax purposes
783783 than for federal income tax purposes on the date such property was sold or
784784 disposed of in a transaction in which gain or loss was recognized for
785785 purposes of federal income tax that does not exceed such difference in
786786 basis, but if a gain is considered a long-term capital gain for federal
787787 income tax purposes, the modification shall be limited to that portion of
788788 such gain which is included in federal adjusted gross income.
789789 (iv) The amount necessary to prevent the taxation under this act of
790790 any annuity or other amount of income or gain which was properly
791791 included in income or gain and was taxed under the laws of this state for a
792792 taxable year prior to the effective date of this act, as amended, to the
793793 taxpayer, or to a decedent by reason of whose death the taxpayer acquired
794794 the right to receive the income or gain, or to a trust or estate from which
795795 the taxpayer received the income or gain.
796796 (v) The amount of any refund or credit for overpayment of taxes on
797797 or measured by income or fees or payments in lieu of income taxes
798798 imposed by this state, or any taxing jurisdiction, to the extent included in
799799 gross income for federal income tax purposes.
800800 (vi) Accumulation distributions received by a taxpayer as a
801801 beneficiary of a trust to the extent that the same are included in federal
802802 adjusted gross income.
803803 (vii) Amounts received as annuities under the federal civil service
804804 retirement system from the civil service retirement and disability fund and
805805 other amounts received as retirement benefits in whatever form which
806806 were earned for being employed by the federal government or for service
807807 in the armed forces of the United States.
808808 (viii) Amounts received by retired railroad employees as a
809809 supplemental annuity under the provisions of 45 U.S.C. §§ 228b(a) and
810810 228c(a)(1) et seq.
811811 (ix) Amounts received by retired employees of a city and by retired
812812 employees of any board of such city as retirement allowances pursuant to
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856856 K.S.A. 13-14,106, and amendments thereto, or pursuant to any charter
857857 ordinance exempting a city from the provisions of K.S.A. 13-14,106, and
858858 amendments thereto.
859859 (x) For taxable years beginning after December 31, 1976, the amount
860860 of the federal tentative jobs tax credit disallowance under the provisions of
861861 26 U.S.C. § 280C. For taxable years ending after December 31, 1978, the
862862 amount of the targeted jobs tax credit and work incentive credit
863863 disallowances under 26 U.S.C. § 280C.
864864 (xi) For taxable years beginning after December 31, 1986, dividend
865865 income on stock issued by Kansas venture capital, inc.
866866 (xii) For taxable years beginning after December 31, 1989, amounts
867867 received by retired employees of a board of public utilities as pension and
868868 retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and 13-1249,
869869 and amendments thereto.
870870 (xiii) For taxable years beginning after December 31, 2004, amounts
871871 contributed to and the amount of income earned on contributions deposited
872872 to an individual development account under K.S.A. 74-50,201 et seq., and
873873 amendments thereto.
874874 (xiv) For all taxable years commencing after December 31, 1996, that
875875 portion of any income of a bank organized under the laws of this state or
876876 any other state, a national banking association organized under the laws of
877877 the United States, an association organized under the savings and loan
878878 code of this state or any other state, or a federal savings association
879879 organized under the laws of the United States, for which an election as an
880880 S corporation under subchapter S of the federal internal revenue code is in
881881 effect, which accrues to the taxpayer who is a stockholder of such
882882 corporation and which is not distributed to the stockholders as dividends of
883883 the corporation. For taxable years beginning after December 31, 2012, and
884884 ending before January 1, 2017, the amount of modification under this
885885 subsection shall exclude the portion of income or loss reported on schedule
886886 E and included on line 17 of the taxpayer's form 1040 federal individual
887887 income tax return.
888888 (xv) For all taxable years beginning after December 31, 2017, the
889889 cumulative amounts not exceeding $3,000, or $6,000 for a married couple
890890 filing a joint return, for each designated beneficiary that are contributed to:
891891 (1) A family postsecondary education savings account established under
892892 the Kansas postsecondary education savings program or a qualified tuition
893893 program established and maintained by another state or agency or
894894 instrumentality thereof pursuant to section 529 of the internal revenue
895895 code of 1986, as amended, for the purpose of paying the qualified higher
896896 education expenses of a designated beneficiary; or (2) an achieving a
897897 better life experience (ABLE) account established under the Kansas ABLE
898898 savings program or a qualified ABLE program established and maintained
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942942 by another state or agency or instrumentality thereof pursuant to section
943943 529A of the internal revenue code of 1986, as amended, for the purpose of
944944 saving private funds to support an individual with a disability. The terms
945945 and phrases used in this paragraph shall have the meaning respectively
946946 ascribed thereto by the provisions of K.S.A. 75-643 and 75-652, and
947947 amendments thereto, and the provisions of such sections are hereby
948948 incorporated by reference for all purposes thereof.
949949 (xvi) For all taxable years beginning after December 31, 2004,
950950 amounts received by taxpayers who are or were members of the armed
951951 forces of the United States, including service in the Kansas army and air
952952 national guard, as a recruitment, sign up or retention bonus received by
953953 such taxpayer as an incentive to join, enlist or remain in the armed services
954954 of the United States, including service in the Kansas army and air national
955955 guard, and amounts received for repayment of educational or student loans
956956 incurred by or obligated to such taxpayer and received by such taxpayer as
957957 a result of such taxpayer's service in the armed forces of the United States,
958958 including service in the Kansas army and air national guard.
959959 (xvii) For all taxable years beginning after December 31, 2004,
960960 amounts received by taxpayers who are eligible members of the Kansas
961961 army and air national guard as a reimbursement pursuant to K.S.A. 48-
962962 281, and amendments thereto, and amounts received for death benefits
963963 pursuant to K.S.A. 48-282, and amendments thereto, to the extent that
964964 such death benefits are included in federal adjusted gross income of the
965965 taxpayer.
966966 (xviii) For the taxable year beginning after December 31, 2006,
967967 amounts received as benefits under the federal social security act which
968968 are included in federal adjusted gross income of a taxpayer with federal
969969 adjusted gross income of $50,000 or less, whether such taxpayer's filing
970970 status is single, head of household, married filing separate or married filing
971971 jointly; and (A) For all taxable years beginning after December 31, 2007,
972972 and ending before January 1, 2024, amounts received as benefits under the
973973 federal social security act which are included in federal adjusted gross
974974 income of a taxpayer with federal adjusted gross income of $75,000 or
975975 less, whether such taxpayer's filing status is single, head of household,
976976 married filing separate or married filing jointly; and
977977 (B) for all taxable years beginning after December 31, 2023,
978978 amounts received as benefits under the federal social security act that are
979979 included in federal adjusted gross income of a taxpayer whether a
980980 taxpayer's filing status is single, head of household, married filing
981981 separate or married filing jointly, and the amount of the subtraction
982982 modification provided by this paragraph shall be calculated as follows:
983983 Subtraction modification = social security income x social security
984984 taxable rate.
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10281028 For purposes of this subparagraph:
10291029 (1) Social security income is the amount of benefits received under
10301030 the social security act and included in federal adjusted gross income; and
10311031 (2) social security taxable rate shall be determined as follows:
10321032 (a) For taxpayers with federal adjusted gross income of $75,000 or
10331033 less, then the social security taxable rate is 1;
10341034 (b) for taxpayers with federal adjusted gross income greater than
10351035 $75,000 and less than the threshold, then the social security taxable rate
10361036 shall be calculated as: 1 - ((federal adjusted gross income - 75,000) /
10371037 denominator); and
10381038 (c) for taxpayers with federal adjusted gross income equal to or
10391039 greater than the threshold, then the social security taxable rate is 0.
10401040 (d) (i) "Denominator" is equal to 50,000.
10411041 (ii) "Threshold" is equal to $125,000.
10421042 (xix) Amounts received by retired employees of Washburn university
10431043 as retirement and pension benefits under the university's retirement plan.
10441044 (xx) For taxable years beginning after December 31, 2012, and
10451045 ending before January 1, 2017, the amount of any: (1) Net profit from
10461046 business as determined under the federal internal revenue code and
10471047 reported from schedule C and on line 12 of the taxpayer's form 1040
10481048 federal individual income tax return; (2) net income, not including
10491049 guaranteed payments as defined in section 707(c) of the federal internal
10501050 revenue code and as reported to the taxpayer from federal schedule K-1,
10511051 (form 1065-B), in box 9, code F or as reported to the taxpayer from federal
10521052 schedule K-1, (form 1065) in box 4, from rental real estate, royalties,
10531053 partnerships, S corporations, estates, trusts, residual interest in real estate
10541054 mortgage investment conduits and net farm rental as determined under the
10551055 federal internal revenue code and reported from schedule E and on line 17
10561056 of the taxpayer's form 1040 federal individual income tax return; and (3)
10571057 net farm profit as determined under the federal internal revenue code and
10581058 reported from schedule F and on line 18 of the taxpayer's form 1040
10591059 federal income tax return; all to the extent included in the taxpayer's
10601060 federal adjusted gross income. For purposes of this subsection, references
10611061 to the federal form 1040 and federal schedule C, schedule E, and schedule
10621062 F, shall be to such form and schedules as they existed for tax year 2011
10631063 and as revised thereafter by the internal revenue service.
10641064 (xxi) For all taxable years beginning after December 31, 2013,
10651065 amounts equal to the unreimbursed travel, lodging and medical
10661066 expenditures directly incurred by a taxpayer while living, or a dependent
10671067 of the taxpayer while living, for the donation of one or more human organs
10681068 of the taxpayer, or a dependent of the taxpayer, to another person for
10691069 human organ transplantation. The expenses may be claimed as a
10701070 subtraction modification provided for in this section to the extent the
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11141114 expenses are not already subtracted from the taxpayer's federal adjusted
11151115 gross income. In no circumstances shall the subtraction modification
11161116 provided for in this section for any individual, or a dependent, exceed
11171117 $5,000. As used in this section, "human organ" means all or part of a liver,
11181118 pancreas, kidney, intestine, lung or bone marrow. The provisions of this
11191119 paragraph shall take effect on the day the secretary of revenue certifies to
11201120 the director of the budget that the cost for the department of revenue of
11211121 modifications to the automated tax system for the purpose of
11221122 implementing this paragraph will not exceed $20,000.
11231123 (xxii) For taxable years beginning after December 31, 2012, and
11241124 ending before January 1, 2017, the amount of net gain from the sale of: (1)
11251125 Cattle and horses, regardless of age, held by the taxpayer for draft,
11261126 breeding, dairy or sporting purposes, and held by such taxpayer for 24
11271127 months or more from the date of acquisition; and (2) other livestock,
11281128 regardless of age, held by the taxpayer for draft, breeding, dairy or
11291129 sporting purposes, and held by such taxpayer for 12 months or more from
11301130 the date of acquisition. The subtraction from federal adjusted gross income
11311131 shall be limited to the amount of the additions recognized under the
11321132 provisions of subsection (b)(xix) attributable to the business in which the
11331133 livestock sold had been used. As used in this paragraph, the term
11341134 "livestock" shall not include poultry.
11351135 (xxiii) For all taxable years beginning after December 31, 2012,
11361136 amounts received under either the Overland Park, Kansas police
11371137 department retirement plan or the Overland Park, Kansas fire department
11381138 retirement plan, both as established by the city of Overland Park, pursuant
11391139 to the city's home rule authority.
11401140 (xxiv) For taxable years beginning after December 31, 2013, and
11411141 ending before January 1, 2017, the net gain from the sale from Christmas
11421142 trees grown in Kansas and held by the taxpayer for six years or more.
11431143 (xxv) For all taxable years commencing after December 31, 2020,
11441144 100% of global intangible low-taxed income under section 951A of the
11451145 federal internal revenue code of 1986, before any deductions allowed
11461146 under section 250(a)(1)(B) of such code.
11471147 (xxvi) For all taxable years commencing after December 31, 2020,
11481148 the amount disallowed as a deduction pursuant to section 163(j) of the
11491149 federal internal revenue code of 1986, as in effect on January 1, 2018.
11501150 (xxvii) For taxable years commencing after December 31, 2020, the
11511151 amount disallowed as a deduction pursuant to section 274 of the federal
11521152 internal revenue code of 1986 for meal expenditures shall be allowed to
11531153 the extent such expense was deductible for determining federal income tax
11541154 and was allowed and in effect on December 31, 2017.
11551155 (xxviii) For all taxable years beginning after December 31, 2021: (1)
11561156 The amount contributed to a first-time home buyer savings account
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12001200 pursuant to K.S.A. 2023 Supp. 58-4903, and amendments thereto, in an
12011201 amount not to exceed $3,000 for an individual or $6,000 for a married
12021202 couple filing a joint return; or (2) amounts received as income earned from
12031203 assets in a first-time home buyer savings account.
12041204 (d) There shall be added to or subtracted from federal adjusted gross
12051205 income the taxpayer's share, as beneficiary of an estate or trust, of the
12061206 Kansas fiduciary adjustment determined under K.S.A. 79-32,135, and
12071207 amendments thereto.
12081208 (e) The amount of modifications required to be made under this
12091209 section by a partner which relates to items of income, gain, loss, deduction
12101210 or credit of a partnership shall be determined under K.S.A. 79-32,131, and
12111211 amendments thereto, to the extent that such items affect federal adjusted
12121212 gross income of the partner.
12131213 Sec. 6. K.S.A. 2023 Supp. 79-32,121 is hereby amended to read as
12141214 follows: 79-32,121. (a) An individual (1) For tax year 2024, and all tax
12151215 years thereafter, a taxpayer shall be allowed a Kansas exemption of
12161216 $2,250 for each exemption as follows:
12171217 (A) In the case of married individuals filing a joint return, a personal
12181218 exemption of $22,000;
12191219 (B) in the case of all other individuals with a filing status of single,
12201220 head of household or married filing separate, a personal exemption of
12211221 $11,000; and
12221222 (C) in addition to the amount allowed pursuant to subparagraph (A)
12231223 or (B), a personal exemption of $3,000 for each dependent for which such
12241224 individual taxpayer is entitled to a deduction for the taxable year for
12251225 federal income tax purposes.
12261226 (b) In addition to the exemptions provided in subsection (a), any
12271227 individual who has been honorably discharged from active service in any
12281228 branch of the armed forces of the United States and who is certified by the
12291229 United States department of veterans affairs or its successor to be in
12301230 receipt of disability compensation at the 100% rate, if the disability is
12311231 permanent and was sustained through military action or accident or
12321232 resulted from disease contracted while in such active service, such
12331233 individual shall be allowed an additional Kansas exemption of $2,250 for
12341234 tax year 2023, and all tax years thereafter.
12351235 Sec. 7. K.S.A. 2023 Supp. 79-3603 is hereby amended to read as
12361236 follows: 79-3603. For the privilege of engaging in the business of selling
12371237 tangible personal property at retail in this state or rendering or furnishing
12381238 any of the services taxable under this act, there is hereby levied and there
12391239 shall be collected and paid a tax at the rate of 6.5%. On and after January
12401240 1, 2023, 17% and on and after January 1, 2025 July 1, 2024, 18% of the
12411241 tax rate imposed pursuant to this section and the rate provided in K.S.A.
12421242 2023 Supp. 79-3603d, and amendments thereto, shall be levied for the
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12861286 state highway fund, the state highway fund purposes and those purposes
12871287 specified in K.S.A. 68-416, and amendments thereto, and all revenue
12881288 collected and received from such tax levy shall be deposited in the state
12891289 highway fund.
12901290 Within a redevelopment district established pursuant to K.S.A. 74-
12911291 8921, and amendments thereto, there is hereby levied and there shall be
12921292 collected and paid an additional tax at the rate of 2% until the earlier of the
12931293 date the bonds issued to finance or refinance the redevelopment project
12941294 have been paid in full or the final scheduled maturity of the first series of
12951295 bonds issued to finance any part of the project.
12961296 Such tax shall be imposed upon:
12971297 (a) The gross receipts received from the sale of tangible personal
12981298 property at retail within this state;
12991299 (b) the gross receipts from intrastate, interstate or international
13001300 telecommunications services and any ancillary services sourced to this
13011301 state in accordance with K.S.A. 79-3673, and amendments thereto, except
13021302 that telecommunications service does not include: (1) Any interstate or
13031303 international 800 or 900 service; (2) any interstate or international private
13041304 communications service as defined in K.S.A. 79-3673, and amendments
13051305 thereto; (3) any value-added nonvoice data service; (4) any
13061306 telecommunication service to a provider of telecommunication services
13071307 which will be used to render telecommunications services, including
13081308 carrier access services; or (5) any service or transaction defined in this
13091309 section among entities classified as members of an affiliated group as
13101310 provided by section 1504 of the federal internal revenue code of 1986, as
13111311 in effect on January 1, 2001;
13121312 (c) the gross receipts from the sale or furnishing of gas, water,
13131313 electricity and heat, which sale is not otherwise exempt from taxation
13141314 under the provisions of this act, and whether furnished by municipally or
13151315 privately owned utilities, except that, on and after January 1, 2006, for
13161316 sales of gas, electricity and heat delivered through mains, lines or pipes to
13171317 residential premises for noncommercial use by the occupant of such
13181318 premises, and for agricultural use and also, for such use, all sales of
13191319 propane gas, the state rate shall be 0%; and for all sales of propane gas, LP
13201320 gas, coal, wood and other fuel sources for the production of heat or
13211321 lighting for noncommercial use of an occupant of residential premises, the
13221322 state rate shall be 0%, but such tax shall not be levied and collected upon
13231323 the gross receipts from: (1) The sale of a rural water district benefit unit;
13241324 (2) a water system impact fee, system enhancement fee or similar fee
13251325 collected by a water supplier as a condition for establishing service; or (3)
13261326 connection or reconnection fees collected by a water supplier;
13271327 (d) the gross receipts from the sale of meals or drinks furnished at any
13281328 private club, drinking establishment, catered event, restaurant, eating
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13721372 house, dining car, hotel, drugstore or other place where meals or drinks are
13731373 regularly sold to the public;
13741374 (e) the gross receipts from the sale of admissions to any place
13751375 providing amusement, entertainment or recreation services including
13761376 admissions to state, county, district and local fairs, but such tax shall not
13771377 be levied and collected upon the gross receipts received from sales of
13781378 admissions to any cultural and historical event which occurs triennially;
13791379 (f) the gross receipts from the operation of any coin-operated device
13801380 dispensing or providing tangible personal property, amusement or other
13811381 services except laundry services, whether automatic or manually operated;
13821382 (g) the gross receipts from the service of renting of rooms by hotels,
13831383 as defined by K.S.A. 36-501, and amendments thereto, or by
13841384 accommodation brokers, as defined by K.S.A. 12-1692, and amendments
13851385 thereto, but such tax shall not be levied and collected upon the gross
13861386 receipts received from sales of such service to the federal government and
13871387 any agency, officer or employee thereof in association with the
13881388 performance of official government duties;
13891389 (h) the gross receipts from the service of renting or leasing of tangible
13901390 personal property except such tax shall not apply to the renting or leasing
13911391 of machinery, equipment or other personal property owned by a city and
13921392 purchased from the proceeds of industrial revenue bonds issued prior to
13931393 July 1, 1973, in accordance with the provisions of K.S.A. 12-1740 through
13941394 12-1749, and amendments thereto, and any city or lessee renting or leasing
13951395 such machinery, equipment or other personal property purchased with the
13961396 proceeds of such bonds who shall have paid a tax under the provisions of
13971397 this section upon sales made prior to July 1, 1973, shall be entitled to a
13981398 refund from the sales tax refund fund of all taxes paid thereon;
13991399 (i) the gross receipts from the rendering of dry cleaning, pressing,
14001400 dyeing and laundry services except laundry services rendered through a
14011401 coin-operated device whether automatic or manually operated;
14021402 (j) the gross receipts from the rendering of the services of washing
14031403 and washing and waxing of vehicles;
14041404 (k) the gross receipts from cable, community antennae and other
14051405 subscriber radio and television services;
14061406 (l) (1) except as otherwise provided by paragraph (2), the gross
14071407 receipts received from the sales of tangible personal property to all
14081408 contractors, subcontractors or repairmen for use by them in erecting
14091409 structures, or building on, or otherwise improving, altering, or repairing
14101410 real or personal property.
14111411 (2) Any such contractor, subcontractor or repairman who maintains
14121412 an inventory of such property both for sale at retail and for use by them for
14131413 the purposes described by paragraph (1) shall be deemed a retailer with
14141414 respect to purchases for and sales from such inventory, except that the
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14581458 gross receipts received from any such sale, other than a sale at retail, shall
14591459 be equal to the total purchase price paid for such property and the tax
14601460 imposed thereon shall be paid by the deemed retailer;
14611461 (m) the gross receipts received from fees and charges by public and
14621462 private clubs, drinking establishments, organizations and businesses for
14631463 participation in sports, games and other recreational activities, but such tax
14641464 shall not be levied and collected upon the gross receipts received from: (1)
14651465 Fees and charges by any political subdivision, by any organization exempt
14661466 from property taxation pursuant to K.S.A. 79-201 Ninth, and amendments
14671467 thereto, or by any youth recreation organization exclusively providing
14681468 services to persons 18 years of age or younger which is exempt from
14691469 federal income taxation pursuant to section 501(c)(3) of the federal
14701470 internal revenue code of 1986, for participation in sports, games and other
14711471 recreational activities; and (2) entry fees and charges for participation in a
14721472 special event or tournament sanctioned by a national sporting association
14731473 to which spectators are charged an admission which is taxable pursuant to
14741474 subsection (e);
14751475 (n) the gross receipts received from dues charged by public and
14761476 private clubs, drinking establishments, organizations and businesses,
14771477 payment of which entitles a member to the use of facilities for recreation
14781478 or entertainment, but such tax shall not be levied and collected upon the
14791479 gross receipts received from: (1) Dues charged by any organization exempt
14801480 from property taxation pursuant to K.S.A. 79-201 Eighth and Ninth, and
14811481 amendments thereto; and (2) sales of memberships in a nonprofit
14821482 organization which is exempt from federal income taxation pursuant to
14831483 section 501(c)(3) of the federal internal revenue code of 1986, and whose
14841484 purpose is to support the operation of a nonprofit zoo;
14851485 (o) the gross receipts received from the isolated or occasional sale of
14861486 motor vehicles or trailers but not including: (1) The transfer of motor
14871487 vehicles or trailers by a person to a corporation or limited liability
14881488 company solely in exchange for stock securities or membership interest in
14891489 such corporation or limited liability company; (2) the transfer of motor
14901490 vehicles or trailers by one corporation or limited liability company to
14911491 another when all of the assets of such corporation or limited liability
14921492 company are transferred to such other corporation or limited liability
14931493 company; or (3) the sale of motor vehicles or trailers which are subject to
14941494 taxation pursuant to the provisions of K.S.A. 79-5101 et seq., and
14951495 amendments thereto, by an immediate family member to another
14961496 immediate family member. For the purposes of paragraph (3), immediate
14971497 family member means lineal ascendants or descendants, and their spouses.
14981498 Any amount of sales tax paid pursuant to the Kansas retailers sales tax act
14991499 on the isolated or occasional sale of motor vehicles or trailers on and after
15001500 July 1, 2004, which the base for computing the tax was the value pursuant
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15441544 to K.S.A. 79-5105(a), (b)(1) and (b)(2), and amendments thereto, when
15451545 such amount was higher than the amount of sales tax which would have
15461546 been paid under the law as it existed on June 30, 2004, shall be refunded to
15471547 the taxpayer pursuant to the procedure prescribed by this section. Such
15481548 refund shall be in an amount equal to the difference between the amount of
15491549 sales tax paid by the taxpayer and the amount of sales tax which would
15501550 have been paid by the taxpayer under the law as it existed on June 30,
15511551 2004. Each claim for a sales tax refund shall be verified and submitted not
15521552 later than six months from the effective date of this act to the director of
15531553 taxation upon forms furnished by the director and shall be accompanied by
15541554 any additional documentation required by the director. The director shall
15551555 review each claim and shall refund that amount of tax paid as provided by
15561556 this act. All such refunds shall be paid from the sales tax refund fund, upon
15571557 warrants of the director of accounts and reports pursuant to vouchers
15581558 approved by the director of taxation or the director's designee. No refund
15591559 for an amount less than $10 shall be paid pursuant to this act. In
15601560 determining the base for computing the tax on such isolated or occasional
15611561 sale, the fair market value of any motor vehicle or trailer traded in by the
15621562 purchaser to the seller may be deducted from the selling price;
15631563 (p) the gross receipts received for the service of installing or applying
15641564 tangible personal property which when installed or applied is not being
15651565 held for sale in the regular course of business, and whether or not such
15661566 tangible personal property when installed or applied remains tangible
15671567 personal property or becomes a part of real estate, except that no tax shall
15681568 be imposed upon the service of installing or applying tangible personal
15691569 property in connection with the original construction of a building or
15701570 facility, the original construction, reconstruction, restoration, remodeling,
15711571 renovation, repair or replacement of a residence or the construction,
15721572 reconstruction, restoration, replacement or repair of a bridge or highway.
15731573 For the purposes of this subsection:
15741574 (1) "Original construction" means the first or initial construction of a
15751575 new building or facility. The term "original construction" shall include the
15761576 addition of an entire room or floor to any existing building or facility, the
15771577 completion of any unfinished portion of any existing building or facility
15781578 and the restoration, reconstruction or replacement of a building, facility or
15791579 utility structure damaged or destroyed by fire, flood, tornado, lightning,
15801580 explosion, windstorm, ice loading and attendant winds, terrorism or
15811581 earthquake, but such term, except with regard to a residence, shall not
15821582 include replacement, remodeling, restoration, renovation or reconstruction
15831583 under any other circumstances;
15841584 (2) "building" means only those enclosures within which individuals
15851585 customarily are employed, or which are customarily used to house
15861586 machinery, equipment or other property, and including the land
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16301630 improvements immediately surrounding such building;
16311631 (3) "facility" means a mill, plant, refinery, oil or gas well, water well,
16321632 feedlot or any conveyance, transmission or distribution line of any
16331633 cooperative, nonprofit, membership corporation organized under or subject
16341634 to the provisions of K.S.A. 17-4601 et seq., and amendments thereto, or
16351635 municipal or quasi-municipal corporation, including the land
16361636 improvements immediately surrounding such facility;
16371637 (4) "residence" means only those enclosures within which individuals
16381638 customarily live;
16391639 (5) "utility structure" means transmission and distribution lines
16401640 owned by an independent transmission company or cooperative, the
16411641 Kansas electric transmission authority or natural gas or electric public
16421642 utility; and
16431643 (6) "windstorm" means straight line winds of at least 80 miles per
16441644 hour as determined by a recognized meteorological reporting agency or
16451645 organization;
16461646 (q) the gross receipts received for the service of repairing, servicing,
16471647 altering or maintaining tangible personal property which when such
16481648 services are rendered is not being held for sale in the regular course of
16491649 business, and whether or not any tangible personal property is transferred
16501650 in connection therewith. The tax imposed by this subsection shall be
16511651 applicable to the services of repairing, servicing, altering or maintaining an
16521652 item of tangible personal property which has been and is fastened to,
16531653 connected with or built into real property;
16541654 (r) the gross receipts from fees or charges made under service or
16551655 maintenance agreement contracts for services, charges for the providing of
16561656 which are taxable under the provisions of subsection (p) or (q);
16571657 (s) on and after January 1, 2005, the gross receipts received from the
16581658 sale of prewritten computer software and the sale of the services of
16591659 modifying, altering, updating or maintaining prewritten computer
16601660 software, whether the prewritten computer software is installed or
16611661 delivered electronically by tangible storage media physically transferred to
16621662 the purchaser or by load and leave;
16631663 (t) the gross receipts received for telephone answering services;
16641664 (u) the gross receipts received from the sale of prepaid calling service
16651665 and prepaid wireless calling service as defined in K.S.A. 79-3673, and
16661666 amendments thereto;
16671667 (v) all sales of bingo cards, bingo faces and instant bingo tickets by
16681668 licensees under K.S.A. 75-5171 et seq., and amendments thereto, shall be
16691669 exempt from taxes imposed pursuant to this section;
16701670 (w) all sales of charitable raffle tickets in accordance with K.S.A. 75-
16711671 5171 et seq., and amendments thereto, shall be exempt from taxes imposed
16721672 pursuant to this section; and
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17161716 (x) commencing on January 1, 2023, and thereafter, the state rate on
17171717 the gross receipts from the sale of food and food ingredients shall be as set
17181718 forth in K.S.A. 2023 Supp. 79-3603d, and amendments thereto.
17191719 Sec. 8. K.S.A. 2023 Supp. 79-3603d is hereby amended to read as
17201720 follows: 79-3603d. (a) There is hereby levied and there shall be collected
17211721 and paid a tax upon the gross receipts from the sale of food and food
17221722 ingredients. The rate of tax shall be as follows:
17231723 (1) Commencing on January 1, 2023, at the rate of 4%;
17241724 (2) commencing on January 1, 2024, at the rate of 2%; and
17251725 (3) commencing on January 1, 2025 July 1, 2024, and thereafter, at
17261726 the rate of 0%.
17271727 (b) The provisions of this section shall not apply to prepared food
17281728 unless sold without eating utensils provided by the seller and described
17291729 below:
17301730 (1) Food sold by a seller whose proper primary NAICS classification
17311731 is manufacturing in sector 311, except subsector 3118 (bakeries);
17321732 (2) (A) food sold in an unheated state by weight or volume as a single
17331733 item; or
17341734 (B) only meat or seafood sold in an unheated state by weight or
17351735 volume as a single item;
17361736 (3) bakery items, including bread, rolls, buns, biscuits, bagels,
17371737 croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, bars,
17381738 cookies and tortillas; or
17391739 (4) food sold that ordinarily requires additional cooking, as opposed
17401740 to just reheating, by the consumer prior to consumption.
17411741 (c) The provisions of this section shall be a part of and supplemental
17421742 to the Kansas retailers' sales tax act.
17431743 Sec. 9. K.S.A. 2023 Supp. 79-3620 is hereby amended to read as
17441744 follows: 79-3620. (a) All revenue collected or received by the director of
17451745 taxation from the taxes imposed by this act shall be remitted to the state
17461746 treasurer in accordance with the provisions of K.S.A. 75-4215, and
17471747 amendments thereto. Upon receipt of each such remittance, the state
17481748 treasurer shall deposit the entire amount in the state treasury, less amounts
17491749 withheld as provided in subsection (b) and amounts credited as provided in
17501750 subsections (c), (d) and (e), to the credit of the state general fund.
17511751 (b) A refund fund, designated as "sales tax refund fund" not to exceed
17521752 $100,000 shall be set apart and maintained by the director from sales tax
17531753 collections and estimated tax collections and held by the state treasurer for
17541754 prompt payment of all sales tax refunds. Such fund shall be in such
17551755 amount, within the limit set by this section, as the director shall determine
17561756 is necessary to meet current refunding requirements under this act. In the
17571757 event such fund as established by this section is, at any time, insufficient to
17581758 provide for the payment of refunds due claimants thereof, the director shall
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18021802 certify the amount of additional funds required to the director of accounts
18031803 and reports who shall promptly transfer the required amount from the state
18041804 general fund to the sales tax refund fund, and notify the state treasurer,
18051805 who shall make proper entry in the records.
18061806 (c) (1) On January 1, 2023, the state treasurer shall credit 17% of the
18071807 revenue collected and received from the tax imposed by K.S.A. 79-3603,
18081808 and amendments thereto, at the rates provided in K.S.A. 79-3603, and
18091809 amendments thereto, and K.S.A. 2023 Supp. 79-3603d, and amendments
18101810 thereto, and deposited as provided by subsection (a), exclusive of amounts
18111811 credited pursuant to subsection (d), in the state highway fund.
18121812 (2) On January 1, 2025 July 1, 2024, and thereafter, the state treasurer
18131813 shall credit 18% of the revenue collected and received from the tax
18141814 imposed by K.S.A. 79-3603, and amendments thereto, at the rates
18151815 provided in K.S.A. 79-3603, and amendments thereto, and K.S.A. 2023
18161816 Supp. 79-3603d, and amendments thereto, and deposited as provided by
18171817 subsection (a), exclusive of amounts credited pursuant to subsection (d), in
18181818 the state highway fund.
18191819 (d) The state treasurer shall credit all revenue collected or received
18201820 from the tax imposed by K.S.A. 79-3603, and amendments thereto, as
18211821 certified by the director, from taxpayers doing business within that portion
18221822 of a STAR bond project district occupied by a STAR bond project or
18231823 taxpayers doing business with such entity financed by a STAR bond
18241824 project as defined in K.S.A. 12-17,162, and amendments thereto, that was
18251825 determined by the secretary of commerce to be of statewide as well as
18261826 local importance or will create a major tourism area for the state or the
18271827 project was designated as a STAR bond project as defined in K.S.A. 12-
18281828 17,162, and amendments thereto, to the city bond finance fund, which fund
18291829 is hereby created. The provisions of this subsection shall expire when the
18301830 total of all amounts credited hereunder and under K.S.A. 79-3710(d), and
18311831 amendments thereto, is sufficient to retire the special obligation bonds
18321832 issued for the purpose of financing all or a portion of the costs of such
18331833 STAR bond project.
18341834 (e) All revenue certified by the director of taxation as having been
18351835 collected or received from the tax imposed by K.S.A. 79-3603(c), and
18361836 amendments thereto, on the sale or furnishing of gas, water, electricity and
18371837 heat for use or consumption within the intermodal facility district
18381838 described in this subsection, shall be credited by the state treasurer to the
18391839 state highway fund. Such revenue may be transferred by the secretary of
18401840 transportation to the rail service improvement fund pursuant to law. The
18411841 provisions of this subsection shall take effect upon certification by the
18421842 secretary of transportation that a notice to proceed has been received for
18431843 the construction of the improvements within the intermodal facility
18441844 district, but not later than December 31, 2010, and shall expire when the
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18881888 secretary of revenue determines that the total of all amounts credited
18891889 hereunder and pursuant to K.S.A. 79-3710(e), and amendments thereto, is
18901890 equal to $53,300,000, but not later than December 31, 2045. Thereafter, all
18911891 revenues shall be collected and distributed in accordance with applicable
18921892 law. For all tax reporting periods during which the provisions of this
18931893 subsection are in effect, none of the exemptions contained in K.S.A. 79-
18941894 3601 et seq., and amendments thereto, shall apply to the sale or furnishing
18951895 of any gas, water, electricity and heat for use or consumption within the
18961896 intermodal facility district. As used in this subsection, "intermodal facility
18971897 district" shall consist of an intermodal transportation area as defined by
18981898 K.S.A. 12-1770a(oo), and amendments thereto, located in Johnson county
18991899 within the polygonal-shaped area having Waverly Road as the eastern
19001900 boundary, 191
19011901 st
19021902 Street as the southern boundary, Four Corners Road as the
19031903 western boundary, and Highway 56 as the northern boundary, and the
19041904 polygonal-shaped area having Poplar Road as the eastern boundary, 183
19051905 rd
19061906 Street as the southern boundary, Waverly Road as the western boundary,
19071907 and the BNSF mainline track as the northern boundary, that includes
19081908 capital investment in an amount exceeding $150 million for the
19091909 construction of an intermodal facility to handle the transfer, storage and
19101910 distribution of freight through railway and trucking operations.
19111911 Sec. 10. K.S.A. 2023 Supp. 79-3703 is hereby amended to read as
19121912 follows: 79-3703. (a) There is hereby levied and there shall be collected
19131913 from every person in this state a tax or excise for the privilege of using,
19141914 storing, or consuming within this state any article of tangible personal
19151915 property. Such tax shall be levied and collected in an amount equal to the
19161916 consideration paid by the taxpayer multiplied by the rate of 6.5%.
19171917 (b) Commencing on January 1, 2023, and thereafter, the state rate on
19181918 the amount equal to the consideration paid by the taxpayer from the sale of
19191919 food and food ingredients as provided in K.S.A. 79-3603, and amendments
19201920 thereto, shall be as set forth in K.S.A. 2023 Supp. 79-3603d, and
19211921 amendments thereto.
19221922 (c) On and after January 1, 2023, 17% and on and after January 1,
19231923 2025 July 1, 2024, 18% of the tax rate imposed pursuant to this section
19241924 and the rate provided in K.S.A. 2023 Supp. 79-3603d, and amendments
19251925 thereto, shall be levied for the state highway fund, the state highway fund
19261926 purposes and those purposes specified in K.S.A. 68-416, and amendments
19271927 thereto, and all revenue collected and received from such tax levy shall be
19281928 deposited in the state highway fund.
19291929 (d) Within a redevelopment district established pursuant to K.S.A.
19301930 74-8921, and amendments thereto, there is hereby levied and there shall be
19311931 collected and paid an additional tax of 2% until the earlier of: (1) The date
19321932 the bonds issued to finance or refinance the redevelopment project
19331933 undertaken in the district have been paid in full; or (2) the final scheduled
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19771977 maturity of the first series of bonds issued to finance the redevelopment
19781978 project.
19791979 (e) All property purchased or leased within or without this state and
19801980 subsequently used, stored or consumed in this state shall be subject to the
19811981 compensating tax if the same property or transaction would have been
19821982 subject to the Kansas retailers' sales tax had the transaction been wholly
19831983 within this state.
19841984 Sec. 11. K.S.A. 2023 Supp. 79-3710 is hereby amended to read as
19851985 follows: 79-3710. (a) All revenue collected or received by the director
19861986 under the provisions of this act shall be remitted to the state treasurer in
19871987 accordance with the provisions of K.S.A. 75-4215, and amendments
19881988 thereto. Upon receipt of each such remittance, the state treasurer shall
19891989 deposit the entire amount in the state treasury, less amounts set apart as
19901990 provided in subsection (b) and amounts credited as provided in subsection
19911991 (c), (d) and (e), to the credit of the state general fund.
19921992 (b) A revolving fund, designated as "compensating tax refund fund"
19931993 not to exceed $10,000 shall be set apart and maintained by the director
19941994 from compensating tax collections and estimated tax collections and held
19951995 by the state treasurer for prompt payment of all compensating tax refunds.
19961996 Such fund shall be in such amount, within the limit set by this section, as
19971997 the director shall determine is necessary to meet current refunding
19981998 requirements under this act.
19991999 (c) (1) On January 1, 2023, the state treasurer shall credit 17% of the
20002000 revenue collected and received from the tax imposed by K.S.A. 79-3703,
20012001 and amendments thereto, at the rates provided in K.S.A. 79-3703, and
20022002 amendments thereto, and K.S.A. 2023 Supp. 79-3603d, and amendments
20032003 thereto, and deposited as provided by subsection (a), exclusive of amounts
20042004 credited pursuant to subsection (d), in the state highway fund.
20052005 (2) On January 1, 2025 July 1, 2024, and thereafter, the state treasurer
20062006 shall credit 18% of the revenue collected and received from the tax
20072007 imposed by K.S.A. 79-3703, and amendments thereto, at the rates
20082008 provided in K.S.A. 79-3703, and amendments thereto, and K.S.A. 2023
20092009 Supp. 79-3603d, and amendments thereto, and deposited as provided by
20102010 subsection (a), exclusive of amounts credited pursuant to subsection (d), in
20112011 the state highway fund.
20122012 (d) The state treasurer shall credit all revenue collected or received
20132013 from the tax imposed by K.S.A. 79-3703, and amendments thereto, as
20142014 certified by the director, from taxpayers doing business within that portion
20152015 of a redevelopment district occupied by a redevelopment project that was
20162016 determined by the secretary of commerce to be of statewide as well as
20172017 local importance or will create a major tourism area for the state as defined
20182018 in K.S.A. 12-1770a, and amendments thereto, to the city bond finance
20192019 fund created by K.S.A. 79-3620(d), and amendments thereto. The
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20632063 provisions of this subsection shall expire when the total of all amounts
20642064 credited hereunder and under K.S.A. 79-3620(d), and amendments thereto,
20652065 is sufficient to retire the special obligation bonds issued for the purpose of
20662066 financing all or a portion of the costs of such redevelopment project.
20672067 This subsection shall not apply to a project designated as a special bond
20682068 project as defined in K.S.A. 12-1770a(z), and amendments thereto.
20692069 (e) All revenue certified by the director of taxation as having been
20702070 collected or received from the tax imposed by K.S.A. 79-3603(c), and
20712071 amendments thereto, on the sale or furnishing of gas, water, electricity and
20722072 heat for use or consumption within the intermodal facility district
20732073 described in this subsection, shall be credited by the state treasurer to the
20742074 state highway fund. Such revenue may be transferred by the secretary of
20752075 transportation to the rail service improvement fund pursuant to law. The
20762076 provisions of this subsection shall take effect upon certification by the
20772077 secretary of transportation that a notice to proceed has been received for
20782078 the construction of the improvements within the intermodal facility
20792079 district, but not later than December 31, 2010, and shall expire when the
20802080 secretary of revenue determines that the total of all amounts credited
20812081 hereunder and pursuant to K.S.A. 79-3620(e), and amendments thereto, is
20822082 equal to $53,300,000, but not later than December 31, 2045. Thereafter, all
20832083 revenues shall be collected and distributed in accordance with applicable
20842084 law. For all tax reporting periods during which the provisions of this
20852085 subsection are in effect, none of the exemptions contained in K.S.A. 79-
20862086 3601 et seq., and amendments thereto, shall apply to the sale or furnishing
20872087 of any gas, water, electricity and heat for use or consumption within the
20882088 intermodal facility district. As used in this subsection, "intermodal facility
20892089 district" shall consist of an intermodal transportation area as defined by
20902090 K.S.A. 12-1770a(oo), and amendments thereto, located in Johnson county
20912091 within the polygonal-shaped area having Waverly Road as the eastern
20922092 boundary, 191
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20942094 Street as the southern boundary, Four Corners Road as the
20952095 western boundary, and Highway 56 as the northern boundary, and the
20962096 polygonal-shaped area having Poplar Road as the eastern boundary, 183
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20982098 Street as the southern boundary, Waverly Road as the western boundary,
20992099 and the BNSF mainline track as the northern boundary, that includes
21002100 capital investment in an amount exceeding $150 million for the
21012101 construction of an intermodal facility to handle the transfer, storage and
21022102 distribution of freight through railway and trucking operations.
21032103 Sec. 12. K.S.A. 79-1107 and 79-1108 and K.S.A. 2023 Supp. 79-
21042104 201x, 79-32,110, 79-32,117, 79-32,121, 79-3603, 79-3603d, 79-3620, 79-
21052105 3703 and 79-3710 are hereby repealed.
21062106 Sec. 13. This act shall take effect and be in force from and after its
21072107 publication in the Kansas register.
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