reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-908 Railroad companies to withhold tax, file statements annually and remit to state; receipts; investigations; ad valorem tax basis.

79-908.
Railroad companies to withhold tax, file statements annually and remit to state; receipts; investigations; ad valorem tax basis.
Every railroad company using or leasing the cars of any organization, upon making payment to such organization for the use or lease of such cars, shall withhold from such payment two and one-half percent of as much thereof as shall constitute gross earnings of such organization within this state as defined in K.S.A. 79-907.
On or before March 1 of each year such railroad company shall make and file with the director, a consolidated statement, in quadruplicate, in a form to be prescribed by the director, showing the amount of such payments for the next preceding twelve-months period ending December 31, and the amounts so withheld. Such railroad company at the time of filing such statement shall remit the amounts so withheld and due the state of Kansas. Upon receipt of such payment, the director shall issue its receipt, in quadruplicate, one copy of which shall be mailed to such railroad company, one to the organization for which such tax is paid, one to the director of accounts and reports and one to the state treasurer which shall be accompanied by the remittance so made, together with a copy of the consolidated statement filed by such railroad company. The mailing of such receipt to such organization shall constitute notice of the filing of said statement and payment of said tax.
If any railroad company shall fail to make or file such report, or if the director be dissatisfied with any report filed, the director shall have the power to conduct a hearing and investigation for the purpose of ascertaining, from whatever sources to which it has access, the gross earnings of such organization from the use or operation of such cars within the borders of this state, and in conducting such hearing and investigation, the director may issue subpoenas duces tecum, directed to the officials of such railroad company, or the officials of the organization whose cars were used or leased by such railroad company. The director shall assess against such railroad company the actual expenses attended upon such hearing and investigation if such railroad company has failed to make or file such report or has filed a fraudulent report.
Every organization as hereinbefore defined shall be liable for the payment of the difference, if any, between two and one-half percent of all gross earnings in this state and the amounts withheld and remitted to the state of Kansas by railroads, and shall be liable for the payment of any additional taxes which the director may find due under its authority to raise or lower the rate to conform to the taxes which would be payable if the cars were taxed on the ad valorem basis.
History:
L. 1937, ch. 356, § 3; L. 1943, ch. 289, § 2; February 23.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-910 Notice of incorrectness of insufficiency; procedure upon failure to file report.

79-910.
Notice of incorrectness of insufficiency; procedure upon failure to file report.
Upon the filing of the reports herein provided for, the director shall inspect and verify the same, and on or before May 1, notify such railroad company and organization if such report or payment of tax be incorrect or insufficient and such railroad company shall be liable for any additional tax found to be owing the state of Kansas. If no report be filed as herein required, the director shall, on or before May 1, ascertain from whatever sources to which it has access the gross earnings of such organization within this state from the use or operation of such cars by such railroad company; or if the gross earnings are not capable of being ascertained, the director may estimate the gross earnings of such organization within this state from such railroad company and the railroad company which failed to make the report or pay the tax shall be liable for the same together with penalties as hereinafter provided.
History:
L. 1937, ch. 356, § 5; L. 1943, ch. 289, § 3; February 23.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-911 Hearings; review of findings; refunds.

79-911.
Hearings; review of findings; refunds.
Any organization or railroad company affected by the provisions of this act, at any time on or before June 1 in any year after the payment of the tax by any railroad company may appear before the director at a hearing to be granted by the director. After evidence and argument shall have been heard on any matter concerning the correctness or validity of any tax or penalty paid or required by the director to be paid, the director shall review such director's findings as to such tax or penalty and shall make an order, confirming or modifying the same as the director shall deem just and equitable. If the director shall modify such findings as to the amount of tax or penalty due, the director shall refund the excess amount paid by issuing to the claimant a voucher to the director of accounts and reports for the refund of such illegally collected tax or penalty. Upon receipt of such voucher properly executed and endorsed, the director of accounts and reports shall issue a warrant to the state treasurer for the payment to the claimant out of the car company tax fund created by this act. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1937, ch. 356, § 6; L. 1943, ch. 289, § 4; L. 1988, ch. 356, § 316; July 1, 1989.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-911a Ad valorem tax basis; complaints as to rate; hearing; cost deposit; notice; testimony; refunds; valuation of cars as unit.

79-911a.
Ad valorem tax basis; complaints as to rate; hearing; cost deposit; notice; testimony; refunds; valuation of cars as unit.
It is hereby declared to be the intention of the legislature that the tax herein imposed to be not greater than the amount of tax such organizations would pay if their cars were taxed on an ad valorem basis, including any value inuring to such cars by reason of being a part of a going concern. No tax other than as provided in this act shall be assessed against the property of any such organization except in cases where any such organization shall make complaint in writing to the director on or before June 1 of the year in which the tax herein imposed is assessed, claiming that it is taxed at too great a rate hereunder. The organization filing such complaint shall at the time complaint is filed deposit with the director the sum of $25 to cover the estimated cost of the hearing, which deposit shall be refunded by the director if it shall be determined at such hearing that the taxes assessed against the complainant should be lowered.
Upon the filing of such complaint and the making of such cost deposit, the director shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act and shall give written notice of such hearing to the complainant at least 30 days before the date set for such hearing. Upon the hearing of any such complaint the director shall take testimony to determine whether the taxes herein imposed are greater than the general ad valorem tax for all purposes would be on the cars of such organization subject to taxation in Kansas, if taxed on an ad valorem basis. In such cases the director shall have the power, and it shall be the director's duty, to lower or raise the rates herein imposed to conform to the facts disclosed at said hearing.
If the director modifies a finding as to the amount of tax due, the director shall refund the excess amount paid by issuing to the claimant a voucher to the director of accounts and reports for the refund found to be due. Upon receipt of such voucher properly executed and endorsed, the director of accounts and reports shall issue a warrant to the state treasurer for the payment to the claimant out of the car company tax fund created by this act. In order to determine the amount of tax such organization would pay, the director may value all cars of any organization as a unit and allocate to Kansas that proportion of the total value which the Kansas car mileage bears to the total car mileage of the cars of any such company during the 12-month period ending December 31, of the preceding year and may then apply to such value, so ascertained, the average ad valorem tax rate applied to property throughout the state for that fiscal year.
History:
L. 1943, ch. 289, § 5; L. 1988, ch. 356, § 317; July 1, 1989.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-914 Penalty for nonpayment by railroad company.

79-914.
Penalty for nonpayment by railroad company.
If any such railroad company shall fail to pay such tax within the time specified in K.S.A. 79-908, a penalty of ten percent of the amount of such tax shall be added thereto and charged against such railroad company by the director.
History:
L. 1937, ch. 356, § 9; L. 1943, ch. 289, § 7; February 23.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-915 Actions to recover delinquent taxes and penalties; additional taxes.

79-915.
Actions to recover delinquent taxes and penalties; additional taxes.
If the taxes and penalties provided for in this act to be paid by the railroad company on the property of such organization remain unpaid more than ninety days from the due date, the attorney for the director shall bring an action and to recover the amount of such delinquent taxes and penalties in the district court of any county within the state of Kansas in which service can be had on the railroad company which is liable for the payment of such taxes or penalties, or in which the property of such delinquent railroad company can be seized under attachment or garnishment proceedings in the manner prescribed by the code of civil procedure.
In the event the director under his or her authority to raise or lower the rate to the taxes which would be payable on the cars of such organization if taxes upon an ad valorem basis, shall, after a hearing as herein provided, find taxes due from any such organization in excess of the two and one-half percent of all gross revenue in this state which is required to be paid by the railroad companies, such additional tax as so determined shall be due and payable by the organization upon which the assessment is made and if such tax shall remain unpaid for more than ninety days after notification of such assessment by the director, the attorney for the director shall bring an action to recover the amount of such additional tax in the district court of any county within the state of Kansas in which service can be had on the organization liable for the tax or in which the property of such delinquent organization can be seized under attachment or garnishment proceedings in the manner prescribed by the code of civil procedure.
History:
L. 1937, ch. 356, § 10; L. 1943, ch. 289, § 8; February 23.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-916 Invalidity of part.

79-916.
Invalidity of part.
If any part, portion, clause, paragraph, sentence or section of this act shall be declared unconstitutional by any court of competent jurisdiction, it is hereby declared that this act would have been passed without such part, portion, clause, paragraph, sentence or section, and such judgment or decree shall not affect the validity of any other part, portion, clause, paragraph, sentence or section hereof.
History:
L. 1937, ch. 356, § 11; March 30.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-917 Disposition of moneys; refund claims.

79-917.
Disposition of moneys; refund claims.
All taxes collected under the provisions of this act shall be credited by the state treasurer to a fund which shall be known as the car company tax fund and shall be held therein for a period of four months. Thereupon, the same shall be transferred to the general revenue fund for the use of the state: Provided, That if any claim for refund be pending before the director under the provisions of K.S.A. 79-911 and 79-911a the amount claimed as a refund shall be held in said car company tax fund until the director has determined whether a refund should be made. If the director shall determine that a refund should not be made then the amount so withheld shall be transferred to the general revenue fund. The director shall notify the state treasurer:
(a) When any claim for refund is filed, which notification shall show the amount claimed as a refund;
(b) when any claim for refund has been denied.
The treasurer of state shall, immediately upon making any transfer of funds as provided herein, forthwith notify the director of accounts and reports of such transfer and the director of accounts and reports shall forthwith make proper entries upon the books and records in his or her office to correspond with such transfer in the state treasury.
History:
L. 1943, ch. 289, § 6; February 23.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-918 Estoppel, when.

79-918.
Estoppel, when.
If any railroad company or organization affected by this act shall refuse or neglect to make any report required by this act, or shall refuse or neglect to permit an examination of its books, records, accounts and papers upon demand of the director, or shall refuse or neglect to appear before the said director in obedience to his or her citation or summons, or shall fail to object to the tax imposed by this act within the time and in the manner prescribed by this act, it shall be estopped to question or impeach the action or determination of the said director or the validity of the tax imposed hereunder.
History:
L. 1943, ch. 289, § 9; February 23.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-919 Transfer of administration to director of taxation.

79-919.
Transfer of administration to director of taxation.
(a) All of the powers, duties and functions of the director of property valuation relating to the act of which K.S.A. 79-906 is a part are hereby transferred to and conferred and imposed upon the director of taxation. The director of taxation shall be the successor in every way to the powers, duties and functions of the director of property valuation relating to said act of which K.S.A. 79-906 is a part.
(b) All rules and regulations of the director of property valuation in existence on the effective date of this act relating to said act of which K.S.A. 79-906 is a part, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of revenue, until revised, amended, revoked or nullified pursuant to law. All orders and directives of the director of property valuation relating to said act of which K.S.A. 79-906 is a part, shall continue to be effective and shall be deemed to be orders and directives of the director of taxation and, until revised, amended or nullified pursuant to law.
(c) The director of taxation shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions relating to the act of which K.S.A. 79-906 is a part. When any conflict as to the proper disposition of such property or records arises under this section, and results from the provisions of this act, the same shall be determined by the governor, whose decision shall be final.
(d) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of the transfer made by this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1972, ch. 358, § 2; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 9 - Car Companies And Owners › 79-920 Preservation of actions and proceeding upon transfer of administration.

79-920.
Preservation of actions and proceeding upon transfer of administration.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the director of property valuation in his or her official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the taking effect of the provisions of this act.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1972, ch. 358, § 3; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1006 Tax situs of property; nonresidents; elevators.

79-1006.
Tax situs of property; nonresidents; elevators.
The tax situs of the property of merchants and manufacturers shall be the taxing district where such business or manufacturing is carried on and in case any such merchant or manufacturer shall have more than one place of business in the state of Kansas each such place of business shall be so taxed in the taxing district in which it is situated. All merchants or manufacturers who are nonresidents, or foreign corporations, shall be assessed upon the same basis as residents of this state or domestic corporations, and the situs for taxation of all personal property of such merchants and manufacturers used in connection with or created by the business is hereby declared to be in the place where such business is carried on.
The business of an elevator, whether individually or separately owned, or by a parent company owning several elevators located at different points, shall be considered as a merchandising business and all grain or other commodities purchased or handled by the owner or management of an elevator shall have their tax situs in the taxing district where the elevator is located through which the business is transacted: Provided, That the taxing situs of grain, owned by a resident of this state, held in storage by warehouse, on which warehouse receipt has been issued, shall be taxed at the place of residence of the owner of such receipt.
History:
L. 1917, ch. 320, § 3; L. 1921, ch. 289, § 1; L. 1971, ch. 297, § 5; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1007 Manufacturer to list value of all engines, tools and machinery not forming part of real property used in manufacturing.

79-1007.
Manufacturer to list value of all engines, tools and machinery not forming part of real property used in manufacturing.
Every manufacturer shall list the value of all engines, tools and machinery of every description, not forming part of any parcel of the real property used or designated to be used in any process of manufacturing as defined in this act.
History:
L. 1876, ch. 34, § 21; March 11; R.S. 1923, 79-1007.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1008 Collection of taxes from nonresident contractors; "contractor" defined.

79-1008.
Collection of taxes from nonresident contractors; "contractor" defined.
For the purpose of this act, "contractor" includes individuals, partnerships, firms or corporations, or other associations of persons engaged in the business of the construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, levees and canals, oil and gas wells, water wells, pipe lines, transmission and power lines, and every other type of structure, project, development or improvement coming within the definition of real property and personal property, including such construction, alteration, or repairing of such property to be held either for sale or rental, and further including all subcontractors.
History:
L. 1957, ch. 515, § 1; L. 1959, ch. 370, § 1; June 30.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1009 Collection of taxes from non-resident contractors; registration for certain contracts.

79-1009.
Collection of taxes from non-resident contractors; registration for certain contracts.
To the end that the state of Kansas and the political subdivisions thereof may receive all taxes due in every instance, including contributions due under the employment security law, contractors, who are nonresidents of this state, desiring to engage in, prosecute, follow or carry on the business of contracting as defined in this act shall register with the secretary of revenue or the secretary's designee for each contract where the total contract price or compensation to be received amounts to more than $10,000, except that a foreign corporation authorized to do business in this state shall not be required to register under the provisions of this act.
History:
L. 1957, ch. 515, § 2; L. 1968, ch. 289, § 1; L. 1989, ch. 291, § 12; L. 1992, ch. 53, § 1; L. 2000, ch. 184, § 22; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1011 Same; secretary of state as agent for service of process, appointment; effect.

79-1011.
Same; secretary of state as agent for service of process, appointment; effect.
At the time such contractor registers with the secretary or the secretary's designee, the contractor shall make an appointment, in writing, of the secretary of state of the state of Kansas, or the secretary's successor in office, to be the true and lawful agent of the contractor, upon whom may be served all lawful process in any action or proceeding against the nonresident contractor for state and local taxes growing out of any contract executed, or being executed, in this state. Such appointment, in writing, shall be evidence of such contractor's agreement that any such process against the contractor which is so served on the secretary of state shall be of the same legal force and validity as if served upon the contractor personally within the state.
History:
L. 1957, ch. 515, § 4; L. 1989, ch. 291, § 14; April 27.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1012 Same; actions against contractors; procedure.

79-1012.
Same; actions against contractors; procedure.
An action against any contractor coming within the provisions of this act may be brought by the attorney for the secretary of revenue or the general counsel of the department of labor in Shawnee county or in any county in which any work under any such contract is performed. The summons shall be directed to the secretary of state, and shall require the defendant to answer by a certain day, not less than 40 days nor more than 60 days from such date. The summons shall be forthwith forwarded by the clerk of the court to the secretary of state, who shall immediately forward a copy thereof to the contractor at the address given by such contractor and thereupon the secretary of state shall make return of the summons to the court whence it issued, showing the date of its receipt by the secretary, the date of forwarding such copy and the name and address of the person to whom the secretary forwarded such copy. Such return shall be under the secretary's hand and seal of office, and shall have the same force and effect as a due and sufficient return made by the sheriff on process directed to the sheriff.
The secretary of state shall keep a suitable record book, in which the secretary shall docket every action commenced against any such contractor. This record shall show the court in which the suit is brought, the title of the case, the time when commenced, and the date and manner of service.
History:
L. 1957, ch. 515, § 5; L. 1989, ch. 291, § 15; L. 2004, ch. 179, § 146; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1013 Same; failure to comply with act; effect.

79-1013.
Same; failure to comply with act; effect.
Any contractor who fails to register with the secretary or the secretary's designee as required by this act, or who fails to comply with any of the provisions of this act, shall not be entitled to maintain an action to recover payment for performance in the courts of this state on such contract.
History:
L. 1957, ch. 515, § 6; L. 1989, ch. 291, § 16; April 27.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1014 Same; administration of act; rules and regulations; release of bond.

79-1014.
Same; administration of act; rules and regulations; release of bond.
The secretary of revenue or the secretary's designee shall administer this act. The secretary shall adopt rules and regulations for the administration of this act. No bonds required under this act shall be released until the contract for which any such bond is given shall be fully performed, nor until the secretary or the secretary's designee shall obtain a written release from the secretary of labor certifying that all contributions and interest due by the principal on such bond, under the employment security law, have been paid in full.
History: L. 1957, ch. 515, § 7; L. 1972, ch. 342, § 88; L. 1989, ch. 291, § 17; L. 2004, ch. 179, § 147; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 10 - Merchants, Manufacturers, Motor Vehicle Dealers And Certain Contractors › 79-1015 Same; penalties for violations.

79-1015.
Same; penalties for violations.
Every person failing to register as required by this act, or to execute the bond herein provided, before beginning the performance of any contract, or who violates any other provision of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).
History:
L. 1957, ch. 515, § 8; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1105c Taxation of the business of banking; prohibiting certain taxes; right to protest payment of taxes.

79-1105c.
Taxation of the business of banking; prohibiting certain taxes; right to protest payment of taxes.
(a) No taxes shall be levied under the provisions of K.S.A. 79-1103 and 79-1105a, and amendments thereto, for taxable year 1995 and any year thereafter.
(b) No county appraiser shall initiate, open, reopen or continue any audit, investigation or examination of the assessment of any taxes under the provisions of K.S.A. 79-1103 or 79-1105a, and amendments thereto, for any taxable year prior to January 1, 1995.
(c) No county appraiser shall adjust, alter, modify or otherwise change the amount of taxes assessed under the provisions of K.S.A. 79-1103 or 79-1105a, and amendments thereto, against any person or entity for any taxable year prior to January 1, 1995.
(d) Nothing herein shall affect the rights of any taxpayer to protest the payment of taxes assessed pursuant to K.S.A. 79-1103 or 79-1105a, and amendments thereto, in accordance with K.S.A. 79-2005, and amendments thereto.
History:
L. 1995, ch. 130, § 1; April 20.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1106 Taxation of national banking associations, banks, trust companies and savings and loan associations; purpose of act.

79-1106.
Taxation of national banking associations, banks, trust companies and savings and loan associations; purpose of act.
It is hereby declared to be the intention of the legislature to levy a tax on national banking associations, banks, trust companies, federally chartered savings banks and savings and loan associations, which tax shall be in lieu of ad valorem taxes which might otherwise be imposed upon the intangible assets of such national banking associations, banks, trust companies, federally chartered savings banks and savings and loan associations.
History:
L. 1963, ch. 463, § 1; L. 1996, ch. 270, § 7; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1107 National banking associations and state banks; tax imposed; rate.

79-1107.
National banking associations and state banks; tax imposed; rate.
Every national banking association and state bank located or doing business within the state shall pay to the state for the privilege of doing business within the state a tax according to or measured by its net income for the next preceding taxable year to be computed as provided in this act. Such tax shall consist of a normal tax and a surtax and shall be computed as follows:
(a) The normal tax shall be an amount equal to 2 1/4% of such net income; and
(b) the surtax shall be an amount equal to 2 1/8% of such net income in excess of $25,000.
The tax levied shall be in lieu of ad valorem taxes which might otherwise be imposed by the state or political subdivisions thereof upon shares of capital stock or the intangible assets of national banking associations and state banks.
History:
L. 1963, ch. 463, § 2; L. 1968, ch. 142, § 1; L. 1970, ch. 382, § 1; L. 1972, ch. 359, § 1; L. 1979, ch. 314, § 1; L. 1987, ch. 374, § 1; L. 1996, ch. 270, § 9; L. 1998, ch. 194, § 2; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1108 Trust companies and savings and loan associations; tax imposed; rate.

79-1108.
Trust companies and savings and loan associations; tax imposed; rate.
Every trust company and savings and loan association located or doing business within the state shall pay to the state for the privilege of doing business within the state a tax according to or measured by its net income for the next preceding taxable year to be computed as provided in this act. Such tax shall consist of a normal tax and a surtax and shall be computed as follows:
(a) The normal tax on every trust company and savings and loan association shall be an amount equal to 2 1/4% of such net income; and
(b) the surtax on every trust company and savings and loan association shall be an amount equal to 2 1/4% of such net income in excess of $25,000.
The tax levied shall be in lieu of ad valorem taxes which might otherwise be imposed by the state or political subdivision thereof upon shares of capital stock or other intangible assets of trust companies and savings and loan associations.
History:
L. 1963, ch. 463, § 3; L. 1968, ch. 142, § 2; L. 1970, ch. 382, § 2; L. 1972, ch. 359, § 2; L. 1987, ch. 374, § 2; L. 1998, ch. 194, § 3; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1109a Application of K.S.A. 79-1107 and 79-1109.

79-1109a.
Application of
K.S.A.
79-1107 and 79-1109.
The provisions of K.S.A. 79-1107 and 79-1109 shall be applicable to all taxable years commencing after December 31, 1979.
History:
L. 1979, ch. 314, § 10; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1110 Taxation of national banking associations, banks, trust companies and savings and loan associations; procedure for returns; tax payment; laws applicable.

79-1110.
Taxation of national banking associations, banks, trust companies and savings and loan associations; procedure for returns; tax payment; laws applicable.
Every national banking association, bank, trust company, and savings and loan association subject to taxation under this act shall make its return and pay the tax imposed to the director of taxation on or before the 15th day of the fourth month following the close of its federal taxable year, in the same manner, except for computing the net income subject to tax, as corporations are required to make their returns and pay their taxes under the Kansas income tax act. Every such national banking association, bank, trust company and savings and loan association shall be subject to other provisions of the Kansas income tax act applicable to other corporations and shall be subject to the penalties imposed on corporations by K.S.A. 79-3222, 79-3228 and 79-3234 insofar as the same can be made applicable.
History: L. 1963, ch. 463, § 5; L. 1980, ch. 309, § 1; L. 1981, ch. 377, § 1; April 16.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1110a Application of K.S.A. 79-1110.

79-1110a.
Application of
K.S.A.
79-1110.
The provisions of this act shall be applicable to all taxable years commencing after December 31, 1979.
History:
L. 1980, ch. 309, § 2; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1111 Same; administration of act; rules and regulations.

79-1111.
Same; administration of act; rules and regulations.
The director of taxation shall administer this act. The secretary of revenue shall adopt rules and regulations for the administration of this act.
History:
L. 1963, ch. 463, § 6; L. 1972, ch. 342, § 90; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1112 Disposition of tax moneys; privilege tax refund fund established; refunds.

79-1112.
Disposition of tax moneys; privilege tax refund fund established; refunds.
(a) The director of taxation shall remit all tax moneys collected under the provisions of this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, less amounts set apart in the privilege tax refund fund in the manner provided in subsection (b). Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) A fund designated as the privilege tax refund fund shall be set apart and maintained by the director from the tax moneys collected under the provisions of this act and held by the state treasurer for prompt payment of all "privilege tax" refunds. The fund shall be in such amount as the director determines is necessary to meet current refunding requirements under this act. In the event such fund is at any time insufficient to provide for the payment of refunds due claimants thereof, the director shall certify the amount of additional funds required to the director of accounts and reports, who shall promptly transfer the required amount from the state general fund to the privilege tax refund fund and notify the state treasurer, who shall make proper entry in the records.
(c) If the director discovers from the examination of the return, or upon claim duly filed by the taxpayer or upon final judgment of the court that the tax imposed by this act, or any penalty or interest paid by or credited to any taxpayer is in excess of the amount legally due, the director shall certify to the director of accounts and reports the name of the taxpayer, the amount of refund and such other information as the director may require. Upon receipt of such certification, the director of accounts and reports shall issue a warrant on the state treasurer for the payment to the taxpayer out of the fund provided in subsection (b), except that no refund shall be made for a sum less than $5, but such amount may be claimed by the taxpayer as a credit against the taxpayer's tax liability in the taxpayer's next succeeding year.
History:
L. 1963, ch. 463, § 7; L. 1972, ch. 361, § 1; L. 1979, ch. 315, § 1; L. 1983, ch. 315, § 1; L. 1984, ch. 351, § 5; L. 2001, ch. 5, § 443; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1113 National banking associations and banks and corporations holding stock therein; exemption from intangibles tax.

79-1113.
National banking associations and banks and corporations holding stock therein; exemption from intangibles tax.
Shares, shares of stock or other evidence of ownership of national banking associations and banks located or doing business within the state, and all income therefrom and the shares, shares of stock or other evidence of ownership of corporations holding stock of a national banking association or bank located or doing business in Kansas, to the extent the income of such corporation is attributable to dividends received on such stock, and all income therefrom, shall be exempt from the tax imposed on moneys, notes and other evidences of debt by K.S.A. 79-3109 and any amendments thereof.
History:
L. 1963, ch. 463, § 8; L. 1970, ch. 390, § 2; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1115 Application of K.S.A. 79-1107 and 79-1108.

79-1115.
Application of
K.S.A.
79-1107 and 79-1108.
The provisions of this act shall be applicable to all taxable years commencing after December 31, 1970.
History:
L. 1970, ch. 382, § 3; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1116 Application of K.S.A. 79-1107, 79-1108 and 79-1109.

79-1116.
Application of
K.S.A.
79-1107, 79-1108 and 79-1109.
The provisions of this act shall be applicable to all taxable years commencing after December 31, 1972.
History:
L. 1972, ch. 360, § 1; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1117 Credit against tax for making certain property used in trade or business or held for production of income accessible to persons with a disability; amount; carryover to subsequent taxable years.

79-1117.
Credit against tax for making certain property used in trade or business or held for production of income accessible to persons with a disability; amount; carryover to subsequent taxable years.
Any taxpayer who makes expenditures for the purpose of making all or any portion of an existing building or facility accessible to persons with a disability, which building or facility is on real property located in this state and used in a trade or business or held for the production of income, shall be entitled to claim a tax credit in an amount equal to 50% of such expenditures or, the amount of $10,000, whichever is less, against the tax liability imposed against such taxpayer pursuant to K.S.A. 79-1106 to 79-1116, inclusive, and amendments thereto. Such tax credit shall be deducted from the taxpayer's tax liability for the taxable year following the year in which the expenditures are made by the taxpayer. If the amount of such tax credit exceeds the taxpayer's tax liability for such taxable year, the amount thereof which exceeds such tax liability may be carried over for deduction from the taxpayer's tax liability in the next succeeding taxable year or years until the total amount of the tax credit has been deducted from tax liability, except that no such tax credit shall be carried over for deduction after the fourth taxable year succeeding the taxable year in which the expenditures are made.
History:
L. 1978, ch. 409, § 5; L. 1994, ch. 173, § 2; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1120 Recapture tax; definitions.

79-1120.
Recapture tax; definitions.
As used in K.S.A. 79-1120 to 79-1125, unless the context otherwise requires: (a) "Refund" means a reimbursement by the director of taxation of taxes paid pursuant to the provisions of K.S.A. 79-1106 et seq., including any interest accrued thereon, which reimbursement is made pursuant to a judicial order of any court of competent jurisdiction finding that: (1) Any of the provisions of K.S.A. 79-1106 et seq. is discriminatory in a manner prohibited under 31 U.S.C. § 742; or (2) any of the provisions of K.S.A. 79-1106 et seq. is unconstitutional; or (3) that the tax imposed under K.S.A. 79-1107 or K.S.A. 79-1108 is otherwise invalid;
(b) "Aggregate recapture rate" means one hundred percent (100%) plus the percentage determined by the director of taxation to equal the proportion that income received from securities and obligations of the United States or authorities, commissions or instrumentalities thereof by all institutions subject to taxation under the provisions of K.S.A. 79-1106 et seq. bears to the total federal income received by all such institutions during the period or periods for which refunds are paid;
(c) "Claimant's adjustment factor" means a percentage determined by the director of taxation to equal the proportion that income received from securities and obligations of the United States or authorities, commissions or instrumentalities thereof by the institution receiving the refund bears to the total federal income of such institution during the period or periods for which the refund was received.
History:
L. 1979, ch. 314, § 3; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1121 Same; imposition; computation of amount.

79-1121.
Same; imposition; computation of amount.
A recapture tax, in an amount computed as herein provided, shall be imposed on any refund, as defined in K.S.A. 79-1120, received by any national banking association, state bank, trust company or savings and loan association, in the year in which such refund is received. The amount of such tax shall be computed as follows:
(a) Multiply the amount of the refund received by the aggregate recapture rate;
(b) Multiply the amount of the refund received by the claimant's adjustment factor;
(c) Subtract the product obtained under subsection (b) from the product obtained under subsection (a);
(d) The tax shall be in an amount equal to the lesser of the amount determined in subsection (c) or the amount of the refund.
History:
L. 1979, ch. 314, § 4; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1122 Same; time for assessment and payment; penalties.

79-1122.
Same; time for assessment and payment; penalties.
The tax imposed under K.S.A. 79-1121 shall be assessed by the director of taxation within sixty (60) days of the payment of a refund. Every national banking association, state bank, trust company or savings and loan association liable for the payment of the tax imposed in K.S.A. 79-1121, shall make payment thereof within thirty (30) days of the date of assessment; and each shall be subject to the penalties imposed on corporations by K.S.A. 79-3228 and K.S.A. 79-3234 insofar as the same can be made applicable.
History:
L. 1979, ch. 314, § 5; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1123 Administration of act; rules and regulations.

79-1123.
Administration of act; rules and regulations.
The director of taxation shall administer this act. The secretary of revenue may adopt rules and regulations for the administration of this act.
History:
L. 1979, ch. 314, § 6; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1124 Same; disposition of moneys; refunds.

79-1124.
Same; disposition of moneys; refunds.
(a) The director of taxation shall remit all tax moneys collected under the provisions of K.S.A. 79-1120 to 79-1125, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) Any refunds of tax paid pursuant to K.S.A. 79-1121, and amendments thereto, shall be made from the privilege tax refund fund created in K.S.A. 79-1112, and amendments thereto.
History:
L. 1979, ch. 314, § 7; L. 2001, ch. 5, § 444; July 1.
2023 Kansas Statutes › Chapter 79 - Taxation › Article 11 - Banks, Banking Businesses, Trust Companies And Savings And Loan Associations › 79-1126 Credit against tax for interest rate reduction for agricultural production loan.

79-1126.
Credit against tax for interest rate reduction for agricultural production loan.
(a) On and after the effective date of this act and prior to July 1, 1990, a state bank or national banking association which extends or renews an agricultural production loan under the provisions of this act to an eligible agricultural borrower at an interest rate which is at least one whole percentage point less than the prime interest rate then specified by the bank on such loans with equivalent collateral, and a state bank or national banking association which reduces the rate of interest being charged on any outstanding agricultural production loan to an eligible agricultural borrower by at least one whole percentage point shall receive a credit against its tax liability pursuant to K.S.A. 79-1106 et seq., for taxable years commencing after December 31, 1987, to the extent hereinafter provided. Such tax credit shall be allowed for such interest rate reductions upon agricultural production loans having a total principal amount not exceeding 15% of the amount of such loans reflected in the bank's report of condition filed with the federal deposit insurance corporation as of December 31, 1985.
(b) For the purposes of this section, the term "eligible agricultural borrower" means any person, partnership or family farm corporation, as defined in K.S.A. 17-5903, and amendments thereto, located in the state of Kansas, having an agricultural production loan which has been classified as substandard or doubtful by any banking regulator, the farm credit administration or a district farm credit system institution which is subject to review by the farm credit administration.
(c) An interest rate reduction may be applied under the provisions of this section only when the eligible borrower can be reasonably expected to service the principal and interest for the term of such person's loan.
(d) The total credit against tax liability shall be the amount by which the interest income to the state bank or national banking association on and after the effective date of this act and prior to July 1, 1990, has been reduced on such loans because of such reductions in rates of interest, except that the credit allowed as a result of an interest rate reduction on any one agricultural production loan shall not exceed an amount equal to 3% per annum on the unpaid principal balance of the loan. The tax credit allowed for any taxable year shall not exceed 1/5 of the total tax credit of the bank allowed under this act. Unused tax credit shall be carried forward as a credit to the bank's tax liability in each subsequent taxable year and shall then be taken into account, subject to the limitation that the credit in any one taxable year may not exceed 1/5 of the total tax credit.
History: L. 1986, ch. 367, § 1; L. 1987, ch. 54, § 15; L. 1988, ch. 376, § 1; L. 1989, ch. 292, § 1; April 18.