79-3705a. Tax paid by consumer or user; duty of retailer; returns. The tax levied under K.S.A. 79-3703, and amendments thereto, shall be paid by the consumer or user to the retailer and it shall be the duty of each and every retailer to collect from the consumer or user the full amount of the tax imposed by this act. Such tax shall be a debt from the consumer or user to the retailer when added to the original purchase price, and shall be recoverable at law in the same manner as other debts. If the tax levied under K.S.A. 79-3703, and amendments thereto, is not collected by the retailer, then the person using, consuming or storing tangible personal property in this state shall file a return and pay the tax, as required by K.S.A. 79-3706, and amendments thereto, notwithstanding the foregoing provisions of this section or any other provision of the Kansas compensating tax act.
History: L. 1945, ch. 370, § 5; L. 1985, ch. 332, § 1; April 11.
Structure Kansas Statutes
Article 37 - Kansas Compensating Tax
79-3703 Compensating use tax imposed; rate.
79-3703a Evidence that property was sold for use in state.
79-3705 Rate where article already subjected to tax.
79-3705a Tax paid by consumer or user; duty of retailer; returns.
79-3705b Assumption of tax by retailer unlawful.
79-3705c Collection of tax and other duties of retailers.
79-3705d Collection by retailer not doing business within state; permit; cancellation.
79-3705e Tax collected as debt owed by retailer.
79-3708 Penalties for violations.
79-3709 Collection procedure when tax not paid.