Kansas Statutes
Article 32 - Income Tax
79-3268a Taxpayer bill of rights; department of revenue correspondence with taxpayer; requirements.

79-3268a. Taxpayer bill of rights; department of revenue correspondence with taxpayer; requirements. (a) Any correspondence issued by the department of revenue to a taxpayer or the taxpayer's representative demanding payment of an assessment of any tax the imposition and collection of which is administered by the department shall consist of a detailed, clear and accurate explanation of the assessment demand including, but not limited to, the specific tax and tax year to which such assessment applies and penalties and interest which apply thereto. If the department proposes to change the tax or refund due on a return filed by a taxpayer, correspondence detailing the change shall be sent to the taxpayer. The correspondence shall specifically identify the proposed change and explain in simple and nontechnical terms the reasons for the change.
(b) Any such correspondence demanding the payment of an assessment of tax, penalties and interest in an amount in excess of $750 for individual accounts and in excess of $2,000 for business accounts shall be reviewed prior to issuance for accuracy by an employee of the department and shall provide the employer identification number and contact telephone number of the employee performing any such review.
History: L. 2002, ch. 186, ยง 13; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 79 - Taxation

Article 32 - Income Tax

79-3201 Title.

79-3220 Requirements for individuals, corporations, fiduciaries and partnerships with regard to returns.

79-3221 Returns; form, place and time of filing; identifying number, social security numbers; tentative returns; extension of time; certain actions or proceedings authorized; definitions. [See Revisor's Note]

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.

79-3221g Senior Citizens Meals on Wheels Contribution Program income tax check-off; 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.

79-3221p Returns; form, place and time of filing; identifying number, social security numbers; tentative returns; extension of time; certain actions or proceedings authorized; definitions. [See Revisor's Note]

79-3222 Report of moneys paid or payable during taxable year; who to make return; failure to report, penalties.

79-3222a Mining production payment reports required; withholding of production payments, procedures; penalties.

79-3223 Records and special returns.

79-3225 Time for payment of tax; cancellation of tax; extension of time; interest.

79-3226 Examination of returns; notice of additional tax; informal conference; final determination and notice; appeals; tax and interest due and payable, when.

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.

79-3230 Periods of limitation; extension agreements; notice of agreement with internal revenue service.

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.

79-3233g Same; petition to state board of tax appeals for approval or disapproval of abatement; abatement by director; list of indebtedness abated filed with secretary of state; public record.

79-3233h Same; uncollectible accounts; death of individual or dissolution of corporation.

79-3233i Same; uncollectible accounts; account $25 or less or delinquent more than 7 years; basis for determination.

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.

79-3235a Procedures for the issuance of warrants and the levy upon property resulting from tax delinquency.

79-3235b Procedures for the issuance of warrants and the levy upon property resulting from tax delinquency.

79-3236 Rules and regulations.

79-3239 Severability.

79-3240 Application of act.

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.

79-3283 Same; payroll factor.

79-3284 Same; compensation for services; when payment in state.

79-3285 Same; sales factor.

79-3286 Same; sales of tangible personal property in state.

79-3287 Same; sales in state; income-producing activity.

79-3288 Procedure where allocation does not fairly represent taxpayer's business activity; burden of proof of tax evasion.

79-3288a Procedure for transitional adjustment for change of accounting methods of certain taxpayers.

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.

79-3299 Same; employers' annual statement; furnishing to employee; penalty for failure to furnish such statement.

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.

79-32,100d Same; withholding amounts method of calculation; agreements with other states and the federal government.

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.

79-32,105 Withholding tax; moneys paid to state treasurer; amounts credited to IMPACT program funds, income tax refund fund and state general fund; refunds, payment; interest, computation.

79-32,106 Employers' and fiduciaries' liability for tax required to be withheld.

79-32,107 Penalties and interest for noncompliance, exception to penalty imposition for certain underpayments; failure of employer to deduct and withhold; failure to collect, account for and pay tax; attempts to evade or defeat tax.

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.

79-32,109 Definitions.

79-32,110 Tax imposed; classes of taxpayers; rates.

79-32,110a Tax imposed on ordinary income portions of lump sum distributions from pension and other plans.

79-32,111 Credits against tax.

79-32,111c Credit against tax for household and dependent care expenses; limitation.

79-32,112a Secretary of revenue authorized to promulgate tax tables for use by individuals; use of tables optional.

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.

79-32,117 Kansas adjusted gross income of an individual; addition and subtraction modification. [See Revisor's Note]

79-32,117a Compensation of persons missing in action or prisoners of war during Vietnam conflict exempt from Kansas income tax.

79-32,117b Same; abatement and refund of taxes paid; claims.

79-32,117c Same; compensation defined.

79-32,117d Compensation of persons missing in action or prisoners of war; tax exemption; liberal construction of act; meaning of terms.

79-32,117e Federal income tax rebate exempt from Kansas income tax.

79-32,117q Kansas adjusted gross income of an individual; addition and subtraction modification. [See Revisor's Note]

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.

79-32,128 Individual who is Kansas resident for part of year, election; computation of tax; modifications.

79-32,129 Partners, not partnership, subject to tax.

79-32,130 Partners and partnerships; federal income tax provisions applicable in determining Kansas taxable income; exceptions.

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.

79-32,143a Expense deduction for certain depreciable property; calculation of amount; sale of property, procedure; limitation on other credits.

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.

79-32,153 Credit against tax for establishment of qualified business facility; conditions; amount; limitations.

79-32,154 Same; definitions.

79-32,155 Same; election to defer credit.

79-32,156 Same; claiming credit upon acquisition or lease of qualified business facility by related taxpayer; election; estate entitled to credit upon death of taxpayer.

79-32,157 Same; termination and resumption of operation of qualified business facility; credit allowable, when.

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.

79-32,160 Title of act.

79-32,160a Tax credits for establishment of qualified business facility; conditions; amount; limitations; investment in certain counties; transferability.

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.

79-32,160g Limitation on credits earned through Kansas enterprise zone act and the job expansion and investment tax credit act.

79-32,175 Credit against tax for making taxpayer's principal dwelling or property accessible to persons with a disability; definitions.

79-32,176a Same; amount; carryover to subsequent taxable years; credit refundable, when; cost-of-living adjustment.

79-32,177 Credit against tax for making certain property used in trade or business or held for production of income accessible to or usable in the employment of persons with a disability; amount; carryover to subsequent taxable years.

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.

79-32,181 Credit against tax for interest rate reduction for agricultural production loan by production credit association.

79-32,181a Credit against tax for interest rate reductions on certain agricultural production loans.

79-32,182b Credit against tax for corporations for certain research and development activity expenditures.

79-32,188 Severability of provisions of act.

79-32,189 Application of act.

79-32,190 Child day care assistance tax credit for corporations; amount.

79-32,191 Application of 79-32,190.

79-32,192 Credit against tax for purchase costs of equipment used in manufacture of products from postconsumer waste; limitations.

79-32,193 Military retired personnel income tax settlement; refund amount calculation; military retirees income tax refund fund established; transfers to and expenditures from fund, when.

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.

79-32,198 Same; duties of director of community development of department of commerce; rules and regulations.

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.

79-32,200 Kansas income tax credit for corporations for financial support to persons otherwise eligible and to families with dependent children; conditions and limitations.

79-32,201 Kansas income tax credit for corporations for alternative-fueled motor vehicle property expenditures.

79-32,202a Tax credit for adoption expenses.

79-32,203 Tax credits for expenditures related to nongame and endangered species.

79-32,204 Kansas income tax credit for corporations for required improvements to qualified swine facility.

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.

79-32,210 Kansas income tax credit for property tax paid by telecommunication companies which are corporations.

79-32,211 Credit against tax for certain historic structure rehabilitation expenditures; limitations; definitions; sale or assignment.

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.

79-32,215 Credit for business firms paying salary to teachers employed pursuant to a partnership agreement with school district.

79-32,216 Citation of act.

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.

79-32,228 Integrated coal or coke gasification nitrogen fertilizer plants; credits for certain investments; definitions.

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.

79-32,244 Credit for compensation paid by employers to employees who are members of national guard and reserved forces.

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.

79-32,250 Waste heat utilization system at electric generation facility; 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.

79-32,256 Carbon dioxide capture, sequestration or utilization machinery or equipment; accelerated depreciation, deduction.

79-32,257 Citation of act.

79-32,258 Film production; credit for certain eligible production expenses; eligibility requirements; application.

79-32,259 Same; definitions.

79-32,260 Same; expiration of act; amount, limitations.

79-32,261 Tax credit for certain contributions to community college, technical college or postsecondary educational institution.

79-32,262 Tax credit for certain capital investments in a business located in or near certain cities made within three years of occurrence of certain major disasters.

79-32,263 Tax credit for property taxes paid by certain senior citizens; selective assistance for effective senior relief (SAFESR).

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.

79-32,266 Tax credit for taxpayers who receive income from business activities of certain qualified companies.

79-32,267 Tax credit for certain taxpayers domiciled in a rural opportunity zone.

79-32,268 Continuation of certain nonrefundable credits pursuant to the law at the time such credit was earned.

79-32,271 Tax credit for certain taxpayers who purchased food in this state.

79-32,272 Native American veteran income tax refund; Native American veterans' income tax refund fund; qualifications; reports to legislature.

79-32,273 Tax credit for certain years for purchases from qualified vendors employing individuals with disabilities; certification; reports to legislature.

79-32,274 Tax credit for contribution to Eisenhower foundation.

79-32,275 Tax credit for contributions to friends of cedar crest association.

79-32,276 Compensation obtained fraudulently by another individual; exclusion from gross income, when; fraud due to identity theft, reporting to department.

79-32,277 Kansas taxpayer protection act; title and effective date.

79-32,278 Same; definitions.

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.

79-32,282 Same; rules and regulations.

79-32,283 Income tax credit for certain qualified charitable distributions of fiduciary financial institutions; requirements; pass-through entity; carry forward.