Kansas 2025-2026 Regular Session

Kansas House Bill HB2385

Introduced
2/14/25  

Caption

Authorizing cities and counties to propose an earnings tax for ballot question and to levy such tax if approved by the electors of a city or county, requiring resubmission of the question, if approved, to the electors every 10 years, allowing certain credits and exemptions against the tax, providing for deductions by public and private employers of the tax from employee earnings and providing that revenue from any such tax be pledged for certain purposes.

Impact

Implementation of HB2385 could significantly alter the financial landscape for local governments in Kansas, providing them with a new revenue stream to support public projects. This income could ease reliance on property taxes as at least 50% of the revenue from these earnings taxes must be applied to reduce property tax requirements. By allowing local governments to impose targeted taxes on nonresidents, the bill nurtures local control and financial independence, which some proponents see as a positive step toward addressing specific community needs.

Summary

House Bill 2385 introduces a framework that allows cities and counties in Kansas to propose a local earnings tax specifically targeting nonresidents working within their jurisdictions. This tax, if approved via a local ballot measure, would not exceed 1% of the annual earnings of nonresidents. The revenues generated from this tax must be allocated primarily towards infrastructure projects or, in the case of counties, for general county purposes. Additionally, the bill stipulates that these earnings taxes must be resubmitted for voter approval every ten years, ensuring that local electorates have a say in the continued imposition of this tax.

Contention

Despite the potential benefits, HB2385 is not without its controversies. Critics may argue that by introducing earnings taxes on nonresidents, local governments could deter business investments or employment opportunities as companies might view such taxes unfavorably. Furthermore, the requirement for voter approval adds a layer of complexity and could lead to inconsistencies in tax implementation across the state. The question of fairness and equity may also arise, particularly among those who believe nonresidents should not bear additional tax burdens when they do not contribute to the local economy as residents do.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2004

Authorizing counties to propose an earnings tax for ballot question.

KS HB2684

Authorizing cities to propose an earnings tax for ballot question.

KS SB5

Authorizing counties to impose an earnings tax.

KS SB79

Authorizing counties to impose an earnings tax.

KS HB2221

Expanding the eligible uses for the 0% state rate for sales tax for certain utilities and the levying of sales tax on such sales by cities and counties and authorizing cities and counties to exempt such sales from such city or county taxes.

KS HB2002

Providing countywide retailers' sales tax authority for Dickinson and Grant counties, providing for a sales tax exemption for area agencies on aging and purchases made by Kansas suicide prevention HQ, inc., providing that the secretary of revenue file a release of warrant in the county where such warrant is docketed, granting authority to the director of property valuation to develop qualifying courses and providing that certain tax notices and statements may be transmitted by electronic means by the county treasurer and county appraiser if consented to by the taxpayer.

KS SB468

Prohibiting cities and counties that grant or approve certain property tax exemptions or tax increment financing from exceeding their revenue neutral rates for property tax purposes.

KS SB168

Authorizing cities and counties to exempt sales of food and food ingredients from sales taxes levied by such city or county.

KS SB539

Simplifying income tax rates for individuals, increasing the standard deduction and the Kansas personal exemption, eliminating the income limit for the income tax subtraction modification exempting social security benefits, establishing a child tax credit, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the privilege tax normal tax rate and establishing a 0% state rate for sales and use taxes for sales of food and food ingredients on July 1, 2024.

KS SB410

Reducing penalties for the late filing of or the failure to file statements listing personal property for assessment and the discovery of escaped personal property and reporting changes after initial statement, allowing for filing of an appraisal by a certified residential real property appraiser for appeal purposes, accounting for adverse influences in the valuation of agricultural land, including properties used for registered agritourism activities as land devoted to agricultural use for purposes of classification, providing a property tax exemption for new electric generation facilities, additions and new pollution control devices and discontinuing certain current property tax exemptions, providing that county clerks are not required to send revenue neutral rate notices to property owners of exempt property, modifying and prescribing the contents of the revenue neutral rate hearing notice, permitting a tax levy that generates the same amount of revenue as the previous year when the final assessed valuation decreases compared to the estimated assessed valuation, requiring that the governing body's vote be conducted on the same day as the commencement of the public hearing, extending reimbursement from the taxpayer notification costs fund for printing and postage costs for calendar year 2024, providing income tax subtraction modifications for certain federal credit disallowances and the employee retention credit disallowance and to permit the carryforward of certain net operating losses, clarifying the disallowed business interest expense deduction, extending the time period for the single city port authority tax credit, decreasing penalties for failing to timely remit withholding income taxes of employees by employers, clarifying the determination of taxable income of an electing pass-through entity and providing for the passing through of tax credits to electing pass-through entity owners relating to the salt parity act, providing countywide retailers' sales tax authority for Rawlins, Marshall and Neosho counties and authorizing teleconference or video conference hearings in the small claims and expedited hearings division of the state board of tax appeals.

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