79-32,261. Tax credit for certain contributions to community college, technical college or postsecondary educational institution. (a) On and after July 1, 2008, any taxpayer who contributes in the manner prescribed by this section to a community college located in Kansas for capital improvements, to a technical college for deferred maintenance or the purchase of technology or equipment or to a postsecondary educational institution located in Kansas for deferred maintenance, shall be allowed a credit against the tax imposed by the Kansas income tax act, the premium tax or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by net income of financial institutions imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. The tax credit allowed by this section is applicable for the tax year 2008 for any contributions made on and after July 1, 2008, and for the tax years 2009, 2010, 2011 and 2012 for any contributions made during the entire tax year. The amount of the credit allowed by this section shall not exceed 60% of the total amount contributed during the taxable year by the taxpayer to a community college or a technical college located in Kansas for such purposes. The amount of the credit allowed by this section shall not exceed 50% of the total amount contributed during the taxable year by the taxpayer to a postsecondary educational institution for such purposes. If the amount of the credit allowed by this section for a taxpayer who contributes to a community college or a technical college exceeds the taxpayer's income tax liability imposed by the Kansas income tax act, such excess amount shall be refunded to the taxpayer. If the amount of the tax credit for a taxpayer who contributes to a postsecondary educational institution exceeds the taxpayer's income tax liability for the taxable year, the amount which exceeds the tax liability may be carried over for deduction from the taxpayer's income 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 third taxable year succeeding the taxable year in which the contribution is made. Prior to the issuance of any tax credits pursuant to this section, the structure of the process in which contributions received by a community college, a technical college or a postsecondary educational institution qualify as tax credits allowed and issued pursuant to this section shall be developed by a community college, a technical college and a postsecondary educational institution in consultation with the secretary of revenue and the foundation or endowment association of any such community college, technical college or postsecondary educational institution in a manner that complies with requirements specified in the federal internal revenue code of 1986, as amended, so that contributions qualify as charitable contributions allowable as deductions from federal adjusted gross income.
(b) (1) Upon receipt of any such contributions to a community college made pursuant to the provisions of this section, the treasurer of the community college shall deposit such contributions to the credit of the capital outlay fund of such community college established as provided by K.S.A. 71-501a, and amendments thereto. Expenditures from such fund shall be made for the purposes described in subsection (a) of K.S.A. 71-501, and amendments thereto, except that expenditures shall not be made from such fund for new construction or the acquisition of real property for use as building sites or for educational programs.
(2) Upon receipt of any such contributions to a technical college made pursuant to the provisions of this section, such contributions shall be deposited to the credit of a deferred maintenance fund or a technology and equipment fund established by the technical college which received the contribution. Expenditures from such fund shall be made only for the purpose as provided in this subsection.
(3) Upon receipt of any such contributions to a postsecondary educational institution made pursuant to the provisions of this section, such contributions shall be deposited to the credit of the appropriate deferred maintenance support fund of the postsecondary educational institution which received the contribution. Expenditures from such fund shall be made only for the purposes designated for such fund pursuant to law.
(c) (1) In no event shall the total amount of credits allowed under this section for taxpayers who contribute to any one such community college or technical college exceed the following amounts: For the tax year 2008, an amount not to exceed $78,125; for the tax year 2009, an amount not to exceed $156,250; and for the tax years 2010, 2011 and 2012, an amount not to exceed $208,233.33.
(2) In no event shall the total of credits allowed under this section for taxpayers who contribute to postsecondary educational institutions exceed the following amounts: For the tax year 2008, an amount not to exceed $5,625,000; for the tax year 2009, an amount not to exceed $11,250,000; and for the tax years 2010, 2011 and 2012, an amount not to exceed $15,000,000. Except as otherwise provided, the allocation of such tax credits for each individual state educational institution shall be determined by the state board of regents in consultation with the secretary of revenue and the university foundation or endowment association of each postsecondary educational institution, and such determination shall be completed prior to the issuance of any tax credits pursuant to this section. Not more than 40% of the total of credits allowed under this section shall be allocated to any one postsecondary educational institution unless all such postsecondary educational institutions approve an allocation to any one such postsecondary educational institution which exceeds 40% of the total of such credits allowed under this section.
(d) As used in this section: (1) "Community college" means a community college established under the provisions of the community college act;
(2) "deferred maintenance" means the maintenance, repair, reconstruction or rehabilitation of a building located at a technical college or a postsecondary educational institution which has been deferred, any utility systems relating to such building, any life-safety upgrades to such building and any improvements necessary to be made to such building in order to comply with the requirements of the Americans with disabilities act or other federal or state law, except that for taxable years commencing after December 31, 2013, deferred maintenance shall not include any maintenance, repair, reconstruction or rehabilitation of any building in which any abortion, as defined in K.S.A. 65-6701, and amendments thereto, is performed;
(3) "postsecondary educational institution" means the university of Kansas, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university and Washburn university of Topeka; and
(4) "technical college" means a technical college as designated pursuant to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462 and 74-32,464, and amendments thereto.
(e) Any taxpayer not subject to Kansas income, privilege or premiums tax who contributes to a community college, technical college or postsecondary educational institution, hereinafter designated the transferor, may sell, assign, convey or otherwise transfer tax credits allowed and earned pursuant to this section. The sale price of a tax credit shall be at least 50% of the full value of the credit. Such credit shall be deemed to be allowed and earned by any such taxpayer which is only disqualified therefrom by reason of not being subject to such Kansas taxes. The taxpayer acquiring earned credits, hereinafter designated the transferee, may use the amount of the acquired credits to offset up to 100% of the taxpayer's income, privilege or premiums tax liability for the taxable year in which such acquisition was made. Such credits may be sold or transferred only one time and, if sold or transferred, shall be transferred in the tax year such credit is earned or the two successive tax years. A transferred credit shall be claimed in the year purchased. The transferor shall enter into a written agreement with the transferee establishing the terms and conditions of the sale or transfer and shall perfect such transfer by notifying the secretary of revenue in writing within 30 calendar days following the effective date of the transfer, subject to the review and approval or denial of such transfer by the secretary of revenue. The transferor and transferee shall provide any information pertaining to the sale or transfer as may be required by the secretary of revenue to administer and carry out the provisions of this section. The amount received by the transferor of such tax credit shall be taxable as income of the transferor, and the excess of the value of such credit over the amount paid by the transferee for such credit shall be taxable as income of the transferee.
(f) The secretary of revenue shall submit an annual report to the legislature to assist the legislature in the evaluation of the utilization of any credits claimed pursuant to this act, including information specific as to each community college, technical college or postsecondary educational institution. Such report shall be due on or before the first day of the legislative session following the tax year in which the credits were claimed.
(g) The secretary of revenue shall adopt rules and regulations necessary to administer the provisions of this section.
History: L. 2007, ch. 200, § 16; L. 2013, ch. 119, § 21; July 1.
Structure Kansas Statutes
79-3221d Designation of income tax refund for nongame wildlife improvement program; form.
79-3221e Disposition of moneys received pursuant to 79-3221d; limitation on expenditures.
79-3221f Kansas World War II Memorial Fund income tax checkoff; disposition of proceeds.
79-3221h Plant and animal disease and pest control fund.
79-3221i Kansas military emergency relief fund checkoff; disposition of moneys.
79-3221j Kansas breast cancer research fund checkoff; disposition of moneys; required report.
79-3221k Kansas hometown heroes fund checkoff; disposition of moneys.
79-3221m Kansas creative arts industries commission checkoff fund; disposition of moneys.
79-3221n Local school district contribution program checkoff; disposition of moneys.
79-3221o Individual tax returns; preclusion from including line for reporting compensating use tax.
79-3223 Records and special returns.
79-3225 Time for payment of tax; cancellation of tax; extension of time; interest.
79-3228 Penalties and interest.
79-3228a Failure to file or filing of insufficient return, mandamus action permitted.
79-3229 Jeopardy assessments, when; procedures; closing of taxable period.
79-3233 Powers of secretary or designee.
79-3233a Compromise of delinquent income taxes of taxpayers; procedure; rules and regulations.
79-3233b Same; annual report by director; filing.
79-3233e Abatement of certain income tax liabilities.
79-3233h Same; uncollectible accounts; death of individual or dissolution of corporation.
79-3233j Offset of tax overpayments against tax underpayments.
79-3234 Tax information; preservation; limits on dissemination and use; penalty for violations.
79-3235 Collection of delinquent taxes; tax lien.
79-3236 Rules and regulations.
79-3268 Taxpayer bill of rights and privileges.
79-3268a Taxpayer bill of rights; department of revenue correspondence with taxpayer; requirements.
79-3268b Same; duty of department to comply with taxpayer's designation of representative.
79-3268c Same; waiver of penalties.
79-3268d Same; closing letters.
79-3268e Same; department of revenue correspondence with taxpayer; requirements.
79-3268f Same; duty of department to comply with taxpayer's designation of representative.
79-3268g Same; waiver of penalties.
79-3268h Same; closing letters.
79-3269 Tax treatment of professional employer organizations; definitions.
79-3271 Apportionment of net income; definitions.
79-3272 Same; allocation and apportionment.
79-3273 Same; taxpayer taxable in another state.
79-3274 Apportionment of net income; nonbusiness income allocation.
79-3275 Same; rents and royalties; extent of utilization of tangible personal property.
79-3276 Same; capital gains and losses from sales of property.
79-3277 Same; interest and dividends.
79-3278 Same; patent and copyright royalties.
79-3279 Apportionment of net income; apportionment of business income; requirements; procedures.
79-3280 Same; property factor defined.
79-3281 Same; property owned or rented, value; net annual rate.
79-3282 Same; average value of property.
79-3284 Same; compensation for services; when payment in state.
79-3286 Same; sales of tangible personal property in state.
79-3287 Same; sales in state; income-producing activity.
79-3288b Election of treatment of income; timing; duration.
79-3289 Same; construction of act.
79-3292 Same; act supplemental to income tax act.
79-3293 Same; application of 79-3271 to 79-3292.
79-3293a Application of 79-3271, 79-3279 and 79-3288b.
79-3293b Application of 79-3271 and 79-3279.
79-3294 Withholding tax; title; relationship to Kansas income tax act.
79-3294a Withholding tax; injunctions.
79-3294b Same; bond to secure collection.
79-3295 Withholding tax; definitions.
79-3296 Withholding tax; employer's requirement to withhold; agreements of the secretary.
79-3298 Withholding tax from wages; employers' return filing requirements; remittance of tax, when.
79-32,100 Same; nondeductibility of withholding; credit allowed; refunds.
79-32,100a Withholding tax; deduction by payer required.
79-32,100b Same; liability of employer or payer for payment; employee action prohibited.
79-32,100c Same; failure to withhold, consequences; persons designated as employers.
79-32,100f Withholding tax; temporarily teleworking employees during COVID-19 pandemic.
79-32,101 Declaration of estimated tax, when; procedure.
79-32,102 Same; time of filing of certain declarations.
79-32,103 Time of payment of estimated tax.
79-32,104 Amount paid upon declarations of estimated tax; payments as credit against income tax.
79-32,106 Employers' and fiduciaries' liability for tax required to be withheld.
79-32,107a Application of 79-32,107.
79-32,107b Application of 79-32,101, 79-32,102, 79-32,103 and 79-32,107.
79-32,108 Severability; captions.
79-32,108a Withholding registration certificate required; procedure.
79-32,110 Tax imposed; classes of taxpayers; rates.
79-32,111 Credits against tax.
79-32,111c Credit against tax for household and dependent care expenses; limitation.
79-32,113 Exempted organizations; requirements and restrictions.
79-32,114 Accounting periods and methods.
79-32,115 Rules pertaining to husbands and wives.
79-32,116 Kansas taxable income of an individual.
79-32,117b Same; abatement and refund of taxes paid; claims.
79-32,117c Same; compensation defined.
79-32,117e Federal income tax rebate exempt from Kansas income tax.
79-32,117r Unemployment compensation attributed to identity fraud exempt from Kansas income tax.
79-32,118 Kansas deduction of an individual.
79-32,119 Kansas standard deduction of an individual.
79-32,120 Kansas itemized deductions of an individual.
79-32,121 Kansas personal exemption of an individual.
79-32,121a Application of 79-32,121.
79-32,129 Partners, not partnership, subject to tax.
79-32,131 Partnership modification for a partner.
79-32,133 Determination of distributive share.
79-32,134 Kansas taxable income of a resident estate or trust.
79-32,135 Share of a resident estate, trust, or beneficiary in Kansas fiduciary adjustments.
79-32,136 Kansas taxable income of a nonresident estate or trust.
79-32,137 Share of a nonresident estate, trust or beneficiary in income from sources within Kansas.
79-32,138 Kansas taxable income of corporations; addition and subtraction modifications.
79-32,139 Taxation of subchapter S corporate income.
79-32,140 Credit for taxes paid in section 337 liquidation.
79-32,140a Accrual of interest and penalties on underpayment or overpayment of income tax.
79-32,141 Allocation of income and deductions.
79-32,142 Consolidated returns.
79-32,143 Kansas net operating loss for corporations.
79-32,152l Application of act.
79-32,152m Application of 79-3230, 79-32,101 and 79-32,107.
79-32,152n Application of 79-32,176.
79-32,152o Application of 79-32,117.
79-32,152p Application of 79-32,110, 79-32,119 and 79-32,120.
79-32,152q Application of 79-32,117.
79-32,152r Application of 79-1117 and 79-32,176.
79-32,155 Same; election to defer credit.
79-32,158 Same; rules and regulations.
79-32,159 Application of 79-32,111 and 79-32,153 to 79-32,158.
79-32,159a Application of 79-32,153 and 79-32,154.
79-32,159b Applicability of 1986 amendments.
79-32,159c Application of 79-32,153, 79-32,154, 79-32,155, 79-32,156, 79-32,157 and 79-32,159b.
79-32,160b Planned project within existing enterprise zone; tax election; prior act.
79-32,160c Application of act.
79-32,160e Application of act.
79-32,178 Rules and regulations.
79-32,179 Application of 79-1117, 79-1118, 79-32,117 and 79-32,175 to 79-32,178.
79-32,180 Application of 79-32,175 to 79-32,177, inclusive.
79-32,181a Credit against tax for interest rate reductions on certain agricultural production loans.
79-32,188 Severability of provisions of act.
79-32,190 Child day care assistance tax credit for corporations; amount.
79-32,191 Application of 79-32,190.
79-32,194 Community services contribution income and privilege tax credit; citation of act.
79-32,195 Tax credits for community services contributions; definitions.
79-32,196 Same; eligibility criteria for credit; limited retroactivity.
79-32,197 Same; amount of credit, carryover.
79-32,197a Same; assignability of credits.
79-32,199 Application of 79-32,194 through 79-32,198.
79-32,199a Application of 79-32,195, 79-32,197 and 79-32,197a.
79-32,199b Application of 79-32,195, 79-32,197 and 79-32,197a.
79-32,202a Tax credit for adoption expenses.
79-32,203 Tax credits for expenditures related to nongame and endangered species.
79-32,205 Earned income tax credit.
79-32,206 Credit for property tax paid on commercial and industrial machinery and equipment.
79-32,207 Kansas income tax credit for corporations for plugging abandoned oil or gas well.
79-32,209 Federal innocent spouse rule conformity.
79-32,212 Kansas income tax credit for single city port authority.
79-32,214 Amended returns to be filed by taxpayers receiving certain refund of property taxes.
79-32,217 Refineries; credit for certain investments; definitions.
79-32,218 Same; amount of credit; requirements.
79-32,219 Same; pass-through entities.
79-32,220 Same; claim for credit.
79-32,221 Same; accelerated depreciation, deduction.
79-32,222 Same; credit for certain environmental compliance expenditures.
79-32,223 Crude oil or natural gas pipelines; credits for certain investments; definitions.
79-32,224 Same; amount of credit; requirements.
79-32,225 Same; pass-through entities.
79-32,226 Same; claim for credit.
79-32,227 Same; accelerated depreciation, deduction.
79-32,229 Same; amount of credit; requirements.
79-32,230 Same; pass-through entities.
79-32,231 Same; claim for credit.
79-32,232 Same; accelerated depreciation, deduction.
79-32,233 Biomass-to-energy plants; credits for certain investments; definitions.
79-32,234 Same; amount of credit; requirements.
79-32,235 Same; pass-through entities.
79-32,236 Same; claim for credit.
79-32,237 Same; accelerated depreciation, deduction.
79-32,238 Integrated coal gasification power plants; credits for certain investments; definitions.
79-32,239 Same; amount of credit; requirements.
79-32,240 Same; pass-through entities.
79-32,241 Same; claim for credit.
79-32,243 Information required by taxpayer to claim income tax credits.
79-32,245 Renewable electric cogeneration facilities; credits for certain investments; definitions.
79-32,246 Same; amount of credit; requirements.
79-32,247 Same; pass-through entities.
79-32,248 Same; claim for credit.
79-32,249 Same; accelerated depreciation, deduction.
79-32,251 Biofuel storage and blending equipment; credits for certain investments; definitions.
79-32,252 Same; amount of credit; requirements.
79-32,253 Same; pass-through entities.
79-32,254 Same; claim for credit.
79-32,255 Same; accelerated depreciation; deduction.
79-32,260 Same; expiration of act; amount, limitations.
79-32,264 Limitations on tax credits; credits allowed and amounts to be carried forward.
79-32,265 Limitation on income tax credits allowed; valid social security numbers required.
79-32,267 Tax credit for certain taxpayers domiciled in a rural opportunity zone.
79-32,271 Tax credit for certain taxpayers who purchased food in this state.
79-32,274 Tax credit for contribution to Eisenhower foundation.
79-32,275 Tax credit for contributions to friends of cedar crest association.
79-32,277 Kansas taxpayer protection act; title and effective date.
79-32,279 Same; duties of paid tax return preparers; penalty, when.
79-32,280 Same; actions to enjoin prohibited conduct; reporting.
79-32,281 Same; jurisdiction; venue; consent judgment.