Session of 1997
HOUSE BILL No. 2452
By Representatives Larkin and Sawyer, Burroughs, Dean, Dillon, Fin-
dley, Flaharty, Gilbert, Kirk, J. Long, Nichols, Phelps, Ruff,
Sawyer, Storm and Welshimer
11 AN ACT relating to income taxation; concerning the exemption of retire-
12 ment benefits therefrom; amending K.S.A. 1996 Supp. 79-32,117 and
13 repealing the existing section.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1996 Supp. 79-32,117 is hereby amended to read
17 as follows: 79-32,117. (a) The Kansas adjusted gross income of an indi-
18 vidual means such individual's federal adjusted gross income for the tax-
19 able year, with the modifications specified in this section.
20 (b) There shall be added to federal adjusted gross income:
21 (i) Interest income less any related expenses directly incurred in the
22 purchase of state or political subdivision obligations, to the extent that
23 the same is not included in federal adjusted gross income, on obligations
24 of any state or political subdivision thereof, but to the extent that interest
25 income on obligations of this state or a political subdivision thereof issued
26 prior to January 1, 1988, is specifically exempt from income tax under the
27 laws of this state authorizing the issuance of such obligations, it shall be
28 excluded from computation of Kansas adjusted gross income whether or
29 not included in federal adjusted gross income. Interest income on obli-
30 gations of this state or a political subdivision thereof issued after Decem-
31 ber 31, 1987, shall be excluded from computation of Kansas adjusted
32 gross income whether or not included in federal adjusted gross income.
33 (ii) Taxes on or measured by income or fees or payments in lieu of
34 income taxes imposed by this state or any other taxing jurisdiction to the
35 extent deductible in determining federal adjusted gross income and not
36 credited against federal income tax. This paragraph shall not apply to taxes
37 imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amend-
38 ments thereto, for privilege tax year 1995, and all such years thereafter.
39 (iii) The federal net operating loss deduction.
40 (iv) Federal income tax refunds received by the taxpayer if the de-
41 duction of the taxes being refunded resulted in a tax benefit for Kansas
42 income tax purposes during a prior taxable year. Such refunds shall be
43 included in income in the year actually received regardless of the method
1 of accounting used by the taxpayer. For purposes hereof, a tax benefit
2 shall be deemed to have resulted if the amount of the tax had been de-
3 ducted in determining income subject to a Kansas income tax for a prior
4 year regardless of the rate of taxation applied in such prior year to the
5 Kansas taxable income, but only that portion of the refund shall be in-
6 cluded as bears the same proportion to the total refund received as the
7 federal taxes deducted in the year to which such refund is attributable
8 bears to the total federal income taxes paid for such year. For purposes
9 of the foregoing sentence, federal taxes shall be considered to have been
10 deducted only to the extent such deduction does not reduce Kansas tax-
11 able income below zero.
12 (v) The amount of any depreciation deduction or business expense
13 deduction claimed on the taxpayer's federal income tax return for any
14 capital expenditure in making any building or facility accessible to the
15 handicapped, for which expenditure the taxpayer claimed the credit al-
16 lowed by K.S.A. 79-32,177, and amendments thereto.
17 (vi) Any amount of designated employee contributions picked up by
18 an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965,
19 and amendments to such sections.
20 (vii) The amount of any charitable contribution made to the extent
21 the same is claimed as the basis for the credit allowed pursuant to K.S.A.
22 1996 Supp. 79-32,196, and amendments thereto.
23 (c) There shall be subtracted from federal adjusted gross income:
24 (i) Interest or dividend income on obligations or securities of any
25 authority, commission or instrumentality of the United States and its pos-
26 sessions less any related expenses directly incurred in the purchase of
27 such obligations or securities, to the extent included in federal adjusted
28 gross income but exempt from state income taxes under the laws of the
29 United States.
30 (ii) Any amounts received which are included in federal adjusted
31 gross income but which are specifically exempt from Kansas income tax-
32 ation under the laws of the state of Kansas.
33 (iii) The portion of any gain or loss from the sale or other disposition
34 of property having a higher adjusted basis for Kansas income tax purposes
35 than for federal income tax purposes on the date such property was sold
36 or disposed of in a transaction in which gain or loss was recognized for
37 purposes of federal income tax that does not exceed such difference in
38 basis, but if a gain is considered a long-term capital gain for federal in-
39 come tax purposes, the modification shall be limited to that portion of
40 such gain which is included in federal adjusted gross income.
41 (iv) The amount necessary to prevent the taxation under this act of
42 any annuity or other amount of income or gain which was properly in-
43 cluded in income or gain and was taxed under the laws of this state for a
1 taxable year prior to the effective date of this act, as amended, to the
2 taxpayer, or to a decedent by reason of whose death the taxpayer acquired
3 the right to receive the income or gain, or to a trust or estate from which
4 the taxpayer received the income or gain.
5 (v) The amount of any refund or credit for overpayment of taxes on
6 or measured by income or fees or payments in lieu of income taxes im-
7 posed by this state, or any taxing jurisdiction, to the extent included in
8 gross income for federal income tax purposes.
9 (vi) Accumulation distributions received by a taxpayer as a beneficiary
10 of a trust to the extent that the same are included in federal adjusted
11 gross income.
12 (vii) For all taxable years commencing after December 31, 1996,
13 amounts received as
annuities under the federal civil service retirement
14 system from the civil service retirement and disability fund and other
15 amounts received as retirement benefits in whatever form which were
16 earned for being employed by the federal government or for service in
17 the armed forces of the United States from whatever source to the extent
18 included in federal adjusted gross income.
19 (viii) Amounts received by retired railroad employees as a supple-
20 mental annuity under the provisions of 45 U.S.C. 228b (a) and 228c (a)(1)
21 et seq.
22 (ix) Amounts received by retired employees of a city and by retired
23 employees of any board of such city as retirement allowances pursuant to
24 K.S.A. 13-14,106, and amendments thereto, or pursuant to any charter
25 ordinance exempting a city from the provisions of K.S.A. 13-14,106, and
26 amendments thereto.
27 (x) (ix) For taxable years beginning after December 31, 1976, the
28 amount of the federal tentative jobs tax credit disallowance under the
29 provisions of 26 U.S.C. 280 C. For taxable years ending after December
30 31, 1978, the amount of the targeted jobs tax credit and work incentive
31 credit disallowances under 26 U.S.C. 280 C.
32 (xi) (x) For taxable years beginning after December 31, 1986, divi-
33 dend income on stock issued by Kansas Venture Capital, Inc.
34 (xii) For taxable years beginning after December 31, 1989, amounts
35 received by retired employees of a board of public utilities as pension and
36 retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and 13-1249
37 and amendments thereto.
38 (xiii) (xi) For taxable years beginning after December 31, 1993, the
39 amount of income earned on contributions deposited to an individual
40 development account under K.S.A. 1996 Supp. 79-32,117h, and amend-
41 ments thereto.
42 (d) There shall be added to or subtracted from federal adjusted gross
43 income the taxpayer's share, as beneficiary of an estate or trust, of the
1 Kansas fiduciary adjustment determined under K.S.A. 79-32,135, and
2 amendments thereto.
3 (e) The amount of modifications required to be made under this sec-
4 tion by a partner which relates to items of income, gain, loss, deduction
5 or credit of a partnership shall be determined under K.S.A. 79-32,131,
6 and amendments thereto, to the extent that such items affect federal
7 adjusted gross income of the partner.
8 Sec. 2. K.S.A. 1996 Supp. 79-32,117 is hereby repealed.
9 Sec. 3. This act shall take effect and be in force from and after its
10 publication in the statute book.