Kansas 2023 2023-2024 Regular Session

Kansas Senate Bill SB539 Comm Sub / Analysis

                    SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 539
As Amended by Senate Committee of the Whole
Brief*
SB 539, as amended, would make various changes to 
income and property tax law. Specifically, the bill would:
●Replace individual income tax brackets with a 
single rate;
●Exempt Social Security income from the individual 
income tax;
●Increase the personal exemption amounts;
●Increase the standard deduction amount for single 
filers;
●Provide for annual personal exemption amount and 
standard deduction increases by a cost-of-living 
adjustment;
●Create a child tax credit;
●Reduce privilege tax rates; 
●Accelerate the elimination of state sales and 
compensating use tax on food and food ingredients 
and the associated disposition of revenue changes; 
and
●Increase the amount of the appraised value of 
residential property exempt from the statewide 
uniform 20-mill school finance levy to $100,000. 
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
http://www.kslegislature.org The bill would be in effect upon publication in the 
Kansas Register.
Individual Income Tax Single Rate
The bill would provide for a single individual income tax 
rate to be set at:
●5.7 percent in tax year 2024;
●5.65 percent in tax year 2025;
●5.6 percent in tax year 2026;
●5.55 percent in tax year 2027;
●5.5 percent in tax year 2028; and
●5.45 percent in tax year 2029 and all future tax 
years.
The bill would eliminate a provision that eliminates any 
tax owed for single filers with taxable income less than 
$2,500 and married couples filing joint returns with taxable 
income less than $5,000.
Personal Exemption Amount Increase
The bill would increase the personal exemption 
allowance amount, currently set at $2,250 for all persons on 
the return, to $22,000 for married couples filing joint returns, 
$11,000 for all other filers, and an additional $3,000 for each 
dependent listed on the return.
Social Security Benefit Exemption
Beginning in tax year 2024, the bill would exempt all 
Social Security benefits from the individual income tax.
2- 539 Standard Deduction Single Filer Increase
The bill would, beginning in tax year 2024, increase the 
Kansas individual income tax standard deduction amount for 
single filers from $3,500 to $4,000.
Cost-of-Living Adjustments
The bill would, beginning in tax year 2025, provide for all 
Kansas individual income tax standard deduction amounts 
and personal exemption allowance amounts to be annually 
increased by the cost-of-living adjustment determined under 
Section 1(f)(3) of the Internal Revenue Code.
Child Tax Credit
The bill would, beginning in tax year 2024, create an 
income tax credit for qualifying children of taxpayers.
The credit per qualifying child, which would be 
refundable, would be:
●$600 for taxpayers with Kansas adjusted gross 
income from $0 to $25,000;
●$400 for taxpayers with Kansas adjusted gross 
income above $25,000 but not over $50,000;
●$200 for taxpayers with Kansas adjusted gross 
income above $50,000 but not over $75,000;
●$100 for taxpayers with Kansas adjusted gross 
income above $75,000 but not over $100,000;
●$75 for taxpayers with Kansas adjusted gross 
income above $100,000 but not over $200,000;
●$50 for taxpayers with Kansas adjusted gross 
income above $200,000 but not over $350,000; 
and
3- 539 ●$25 for taxpayers with Kansas adjusted gross 
income over $350,000.
Beginning in tax year 2025, the credit amounts and 
threshold income amounts would be adjusted by the cost-of-
living adjustment determined under Section 1(f)(3) of the 
Internal Revenue Code.
A child would generally only be permitted to be claimed 
by one taxpayer per year. However, married taxpayers filing 
separate returns would be entitled to claim one-half of the 
credit amount that would have been claimed on a joint return.
In order to qualify for the credit, a child would have to be 
under 5 years old at the end of the tax year, reside at the 
same place as the taxpayer for more than one-half of the tax 
year, and be the child of the taxpayer or a descendant of such 
child, a sibling or stepsibling of the taxpayer, or a descendant 
of such sibling or stepsibling.
The Secretary of Revenue would be required to annually 
report on the adjusted amounts of the credit, the utilization of 
the credit, and information required to evaluate the 
effectiveness of the credit by January 31 of each year. The 
report would be delivered in writing to the House Committee 
on Taxation and the Senate Committee on Assessment and 
Taxation.
Financial Institutions Privilege Tax Rate Changes
The bill would reduce the privilege tax rates applied to 
financial institutions.
For banks, the normal tax rate would be reduced from 
2.25 percent to 1.94 percent for tax year 2025, and 1.63 
percent for tax year 2026 and all tax years thereafter.
For trust companies and savings and loan associations, 
the normal tax rate would be reduced from 2.25 percent to 
1.93 percent for tax year 2025 and 1.61 percent for tax year 
2026 and all years thereafter.
4- 539 [Note: The surtaxes on financial institutions would not be 
affected by the bill.]
Food Sales Tax Changes
The bill would accelerate the elimination of the state 
sales and compensating use tax rate on food and food 
ingredients to July 1, 2024.
The bill would raise the percentage of sales tax revenue 
distributed to the State Highway Fund to 18.0 percent of sales 
and use tax receipts beginning July 1, 2024.
[Note: Under current law, the rate is scheduled to be 
reduced to 0.0 percent on January 1, 2025, and the 
proportion of sales and use tax receipts distributed to the 
State Highway Fund is scheduled to be increased to 18.0 
percent beginning January 1, 2025.]
School Finance Levy Residential Exemption
The bill would increase, beginning in tax year 2024, the 
amount of residential property exempt from the statewide 
uniform 20-mill school finance levy to $100,000 of appraised 
value.
A formula to increase the amount of the exemption 
based upon the statewide average increase in residential 
valuation over the preceding ten years would take effect in 
2025.
The bill would also make technical changes.
Background
The bill was introduced by the Senate Committee on 
Assessment and Taxation at the request of Senator Tyson.
5- 539 Senate Committee on Assessment and Taxation
In the Senate Committee hearing, proponent testimony 
was provided by Representative Awerkamp, a representative 
of Americans for Tax Reform, and two private citizens. The 
proponents generally stated the bill would provide broad tax 
relief to Kansans, single-rate tax systems are easier for 
taxpayers to understand, and the bill is responsive to 
criticisms of previous tax plans.
Written-only proponent testimony was provided by 
representatives of Kansas Association of Realtors, Kansas 
Bankers Association, Kansas Chamber, Kansas Policy 
Institute, and National Federation of Independent Business –
Kansas.
Written-only opponent testimony was provided by 
representatives of Kansas Action for Children, Kansas 
National Education Association, Tax Simple Center, and Voter 
Rights Network of Wyandotte County, and a private citizen.
No other testimony was provided.
The Senate Committee amended the bill to provide for 
the full exemption of Social Security benefits and to remove a 
provision that would accelerate the final reduction of the state 
sales tax rate on food and food ingredients.
Senate Committee of the Whole
On March 14, 2024, the Senate Committee of the Whole 
amended the bill to:
●Add a child tax credit; 
●Accelerate the elimination of state sales and 
compensating use tax on food and food ingredients 
and the associated disposition of revenue changes; 
and
6- 539 ●Increase the amount of the appraised value of 
residential property exempt from the statewide 
uniform 20-mill school finance levy to $100,000.
Fiscal Information
According to the Department of Revenue, the bill, as 
amended, would have the following fiscal effect:
(Dollars in Millions)
FY
2025
FY
2026
FY
2027
FY
2028
FY
2029
Income Tax Single 
Bracket, Std Ded, 
Pers Ex $(244.9)$(271.0)$(349.6)$(429.4)$(511.0)
Social Security 
Exemption (152.1)(120.7)(124.4)(128.1)(131.9)
Privilege Tax Rate 
Reductions (1.3) (4.2) (7.4)(7.4) (7.4)
Child Tax Credit (59.3)(46.1)(46.6)(47.1)(47.50)
Food Sales Tax to 
0.0% Acceleration (62.2) - - - -
Subtotal State 
General Fund (519.8)(442.0)(528.0)(612.3)(697.8)
Food Sales Tax to 
0.0% Acceleration (12.9) - - - - 
Subtotal State 
Highway Fund (12.9) - - - - 
Res. Property Tax 
Exempt to $100,000 (84.8)(89.5)(94.3)(99.5)(104.9)
Subtotal All Other 
State Funds (84.8)(89.5)(94.3)(99.5)(104.9)
Total All Funds$(617.5)$(531.5)$(622.3)$(711.8)$(802.7)
The fiscal effects associated with the Social Security 
income taxation exemption, standard deduction increases, 
privilege tax rate changes, food sales tax, and school finance 
levy residential exemption increases are partially reflected in 
The FY 2025 Governor’s Budget Report.
Taxation; income tax; rates; personal exemption; standard deduction; Social Security 
benefits; indexing; property tax; residential exemption; child tax credit; sales tax; food 
sales tax
7- 539