SB 227--Am. by HCW
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[As Amended by House Committee of the
Whole]
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As Amended by House Committee
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Session of 1997
SENATE BILL No. 227
By Committee on Commerce
2-7
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12 AN ACT concerning annual reports of business associations; amending
13 K.S.A. 17-2718, 17-7503, 17-7504, 17-7505, 17-7647, 17-7648, 56-
14 1a606 and 56-1a607 and repealing the existing sections.
15
16 Be it enacted by the Legislature of the State of Kansas:
17 New Section 1. There is hereby created in the state treasury
18 the franchise tax fee fund. One dollar from each franchise tax pay-
19 ment made to the secretary of state pursuant to chapter 17 and 56
20 shall be deposited in the state treasury to the credit of the fran-
21 chise tax fee fund.
22 Section 1. Sec. 2. [Section 1.] K.S.A. 17-2718 is hereby amended
23 to read as follows: 17-2718. (a) Each professional corporation organized
24 under the laws of this state shall file with the secretary of state an annual
25 report in writing and a copy or duplicate thereof, showing the financial
26 condition of stating the prescribed information concerning the corpora-
27 tion at the close of business on the last day of its tax period next preceding
28 the date of filing, but if any such corporation's tax period is other than
29 the calendar year it shall give notice thereof to the secretary of state prior
30 to December 31 of the year it commences such tax period. The report
31 shall be filed at the time prescribed by law for filing the corporation's
32 annual Kansas income tax return, except that such corporation may apply
33 to the secretary of state not more than 90 days after the due date of its
34 annual report for an extension of the time for filing the report, and an
35 extension shall be granted for a period of time corresponding to that
36 granted under the internal revenue code or K.S.A. 79-3221, and amend-
37 ments thereto. The report shall be made on a form provided by the sec-
38 retary of state, containing the following information:
39 (1) The names and residence addresses of all officers, directors and
40 shareholders of the professional corporation;
41 (2) a statement that each officer, director and shareholder is or is not
42 a qualified person as defined in K.S.A. 17-2707, and amendments thereto,
43 and setting forth the date on which any shares of the corporation were
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1 no longer owned by a qualified person; and
2 (3) the amount of capital stock issued.
3 (b) The report shall be signed by its president, secretary, treasurer
4 or other officer duly authorized so to act, or by any two of its directors,
5 or by an incorporator in the event its board of directors shall not have
6 been elected. The fact that an individual's name is signed on such report
7 shall be prima facie evidence that such individual is authorized to sign
8 the report on behalf of the corporation; however, the official title or po-
9 sition of the individual signing the report shall be designated. This report
10 will be dated and subscribed by the person as true, under penalty of
11 perjury. The copy of the annual report or the duplicate original copy of
12 the annual report shall be forwarded to the regulatory board which li-
13 censes the shareholders described in the report. At the time of filing its
14 annual report, each professional corporation shall pay the annual fran-
15 chise tax prescribed by K.S.A. 17-7503, and amendments thereto. One
16 dollar of the annual franchise tax shall be deposited to the fran-
17 chise tax fee fund.
18 Sec. 2. 3. [2.] K.S.A. 17-7503 is hereby amended to read as follows:
19 17-7503. (a) Every domestic corporation organized for profit shall make
20 an annual report in writing to the secretary of state, showing the financial
21 condition of stating the prescribed information concerning the corpora-
22 tion at the close of business on the last day of its tax period next preceding
23 the date of filing, but if a corporation's tax period is other than the cal-
24 endar year, it shall give notice thereof to the secretary of state prior to
25 December 31 of the year it commences such tax period. The reports shall
26 be made on forms prescribed by the secretary of state. The report shall
27 be filed at the time prescribed by law for filing the corporation's annual
28 Kansas income tax return, except that if any such corporation shall apply
29 for an extension of time for filing its annual income tax return under the
30 internal revenue service or under subsection (c) of K.S.A. 79-3221, and
31 amendments thereto, such corporation shall also apply, not more than 90
32 days after the due date of its annual report, to the secretary of state for
33 an extension of the time for filing the report and an extension shall be
34 granted for a period of time corresponding to that granted under the
35 internal revenue code or K.S.A. 79-3221, and amendments thereto. Such
36 application shall include a copy of the application to income tax authori-
37 ties. The report shall contain the following information:
38 (1) The name of the corporation;
39 (2) the location of the principal office;
40 (3) the names of the president, secretary, treasurer and members of
41 the board of directors, with the residence address of each;
42 (4) the number of shares of capital stock issued and the amount of
43 capital stock paid up;
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1 (5) the nature and kind of business in which the corporation is en-
2 gaged; and
3 (6) except as provided in K.S.A. 17-7515, and amendments thereto,
4 a complete and detailed statement of the assets, liabilities and net worth
5 of the corporation; and
6 (7) (6) a list of stockholders owning at least 5% of the capital stock
7 of the corporation, with the post office address of each.
8 (b) Every corporation subject to the provisions of this section which
9 holds agricultural land, as defined in K.S.A. 17-5903, and amendments
10 thereto, within this state shall show the following additional information
11 on the report:
12 (1) The acreage and location listed by section, range, township and
13 county of each lot, tract or parcel of agricultural land in this state owned
14 or leased by or to the corporation;
15 (2) the purposes for which such agricultural land is owned or leased
16 and, if leased, to whom such agricultural land is leased;
17 (3) the value of the nonagricultural assets and the agricultural assets,
18 stated separately, owned and controlled by the corporation both within
19 and without the state of Kansas and where situated;
20 (4) the total number of stockholders of the corporation;
21 (5) the number of acres owned or operated by the corporation, the
22 number of acres leased by the corporation and the number of acres leased
23 to the corporation;
24 (6) the number of acres of agricultural land, held and reported in
25 each category under provision (5), state separately, being irrigated; and
26 (7) whether any of the agricultural land held and reported under this
27 subsection was acquired after July 1, 1981.
28 (c) The report shall be signed by its president, secretary, treasurer or
29 other officer duly authorized so to act, or by any two of its directors, or
30 by an incorporator in the event its board of directors shall not have been
31 elected. The fact that an individual's name is signed on such report shall
32 be prima facie evidence that such individual is authorized to sign the
33 report on behalf of the corporation; however, the official title or position
34 of the individual signing the report shall be designated. This report will
35 be dated and subscribed by the person as true, under penalty of perjury.
36 At the time of filing such annual report it shall be the duty of each do-
37 mestic corporation organized for profit to pay to the secretary of state an
38 annual franchise tax in an amount equal to $1 for each $1,000 of the
39 corporation's shareholder's equity attributable to Kansas, except that no
40 such tax shall be less than $20 or more than $2,500. One dollar of the
41 annual franchise tax shall be deposited to the franchise tax fee
42 fund.
43 Sec. 3. 4. [3.] K.S.A. 17-7504 is hereby amended to read as follows:
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1 17-7504. (a) Every corporation organized not for profit shall make an
2 annual report in writing to the secretary of state, showing the financial
3 condition of stating the prescribed information concerning the corpora-
4 tion at the close of business on the last day of its tax period next preceding
5 the date of filing, but if a corporation's tax period is other than the cal-
6 endar year, it shall give notice thereof to the secretary of state prior to
7 December 31 of the year it commences such tax period. The reports shall
8 be made on forms prescribed by the secretary of state. The report shall
9 be filed on the 15th day of the sixth month following the close of the
10 taxable year, except that such corporation may apply to the secretary of
11 state not more than 90 days after the due date of its annual report for an
12 extension of the time for filing the report, and an extension shall be
13 granted for a period of time corresponding to that granted under the
14 internal revenue code or K.S.A. 79-3221, and amendments thereto. The
15 report shall contain the following information:
16 (1) The name of the corporation;
17 (2) the location of the principal office;
18 (3) the names of the president, secretary and treasurer, and the mem-
19 bers of the board of directors, with the residence address of each;
20 (4) the number of memberships or the number of shares of capital
21 stock issued and the amount of capital stock paid up; and.
22 (5) a complete and detailed statement of the assets, liabilities and net
23 worth of the corporation.
24 (b) Every corporation subject to the provisions of this section which
25 holds agricultural land, as defined in K.S.A. 17-5903, and amendments
26 thereto, within this state shall show the following additional information
27 on the report:
28 (1) The acreage and location listed by section, range, township and
29 county of each lot, tract or parcel of agricultural land in this state owned
30 or leased by or to the corporation;
31 (2) the purposes for which such agricultural land is owned or leased
32 and, if leased, to whom such agricultural land is leased;
33 (3) the value of the nonagricultural assets and the agricultural assets,
34 stated separately, owned and controlled by the corporation both within
35 and without the state of Kansas and where situated;
36 (4) the total number of stockholders of the corporation;
37 (5) the number of acres owned or operated by the corporation, the
38 number of acres leased by the corporation and the number of acres leased
39 to the corporation;
40 (6) the number of acres of agricultural land, held and reported in
41 each category under paragraph (5) of this subsection (b), stated sepa-
42 rately, being irrigated; and
43 (7) whether any of the agricultural land held and reported under this
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1 subsection was acquired after July 1, 1981.
2 (c) The report shall be signed by its president, secretary, treasurer or
3 other officer duly authorized so to act, or by any two of its directors, or
4 by an incorporator in the event its board of directors shall not have been
5 elected. The fact that an individual's name is signed on such report shall
6 be prima facie evidence that such individual is authorized to sign the
7 report on behalf of the corporation; however, the official title or position
8 of the individual signing the report shall be designated. This report will
9 be dated and subscribed by the person as true, under penalty of perjury.
10 At the time of filing such report, each nonprofit corporation shall pay an
11 annual privilege fee of $5, except that the annual fee for tax periods
12 ending after December 31, 1992, shall be $20. One dollar of the annual
13 franchise tax shall be deposited to the franchise tax fee fund.
14 Sec. 4. 5. [4.] K.S.A. 17-7505 is hereby amended to read as follows:
15 17-7505. (a) Every foreign corporation organized for profit, or organized
16 under the cooperative type statutes of the state, territory or foreign coun-
17 try of incorporation, now or hereafter doing business in this state, and
18 owning or using a part or all of its capital in this state, and subject to
19 compliance with the laws relating to the admission of foreign corporations
20 to do business in Kansas, shall make an annual report in writing to the
21 secretary of state, showing, in such form as the secretary of state may
22 prescribe, the financial condition of stating the prescribed information
23 concerning the corporation at the close of business on the last day of its
24 tax period next preceding the date of filing, but if a corporation operates
25 on a fiscal year other than the calendar year it shall give written notice
26 thereof to the secretary of state prior to December 31 of the year com-
27 mencing such fiscal year. The report shall be made on a form prescribed
28 by the secretary of state. The report shall be filed at the time prescribed
29 by law for filing the corporation's annual Kansas income tax return, except
30 that if any such corporation shall apply for an extension of time for filing
31 its annual income tax return under the internal revenue service or under
32 subsection (c) of K.S.A. 79-3221, and amendments thereto, such corpo-
33 ration shall also apply, not more than 90 days after the due date of its
34 annual report, to the secretary of state for an extension of the time for
35 filing the report and an extension shall be granted for a period of time
36 corresponding to that granted under the internal revenue code or K.S.A.
37 79-3221, and amendments thereto. Such application shall include a copy
38 of the application to income tax authorities. The report shall contain the
39 following facts:
40 (1) The name of the corporation and under the laws of what state or
41 country organized;
42 (2) the location of its principal office;
43 (3) the names of the president, secretary, treasurer and members of
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1 the board of directors, with the residence address of each;
2 (4) the number of shares of capital stock issued and the amount of
3 capital stock paid up;
4 (5) the nature and kind of business in which the company is engaged
5 and its place or places of business both within and without the state of
6 Kansas;
7 (6) the value of the property owned and used by the company in
8 Kansas, where situated, and the value of the property owned and used
9 outside of Kansas and where situated; and
10 (7) the corporation's shareholder's equity attributable to Kansas; and.
11 (8) except as provided in K.S.A. 17-7515, and amendments thereto,
12 a balance sheet showing the financial position of the corporation at the
13 close of business on the last day of its income tax fiscal year next preceding
14 the date of filing.
15 (b) Every corporation subject to the provisions of this section which
16 holds agricultural land, as defined in K.S.A. 17-5903, and amendments
17 thereto, within this state shall show the following additional information
18 on the report:
19 (1) The acreage and location listed by section, range, township and
20 county of each lot, tract or parcel of agricultural land in this state owned
21 or leased by or to the corporation;
22 (2) the purposes for which such agricultural land is owned or leased
23 and, if leased, to whom such agricultural land is leased;
24 (3) the value of the nonagricultural assets and the agricultural assets,
25 stated separately, owned and controlled by the corporation both within
26 and without the state of Kansas and where situated;
27 (4) the total number of stockholders of the corporation;
28 (5) the number of acres owned or operated by the corporation, the
29 number of acres leased by the corporation and the number of acres leased
30 to the corporation;
31 (6) the number of acres of agricultural land, held and reported in
32 each category under paragraph (5) of this subsection (b), stated sepa-
33 rately, being irrigated; and
34 (7) whether any of the agricultural land held and reported under this
35 subsection was acquired after July 1, 1981.
36 The report shall be signed by its president, secretary, treasurer or other
37 officer duly authorized so to act, or by any two of its directors, or by an
38 incorporator in the event its board of directors shall not have been
39 elected. The fact that an individual's name is signed on such report shall
40 be prima facie evidence that such individual is authorized to sign the
41 report on behalf of the corporation; however, the official title or position
42 of the individual signing the report shall be designated. This report will
43 be dated and subscribed by the person as true, under penalty of perjury.
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1 At the time of filing its annual report, each such foreign corporation shall
2 pay to the secretary of state an annual franchise tax in an amount equal
3 to $1 for each $1,000 of the corporation's shareholder's equity attributable
4 to Kansas, except that no such tax shall be less than $20 or more than
5 $2,500. One dollar of annual franchise tax shall be deposited to the
6 credit of the franchise tax fee fund.
7 Sec. 5. 6. [5.] K.S.A. 17-7647 is hereby amended to read as follows:
8 17-7647. (a) Every limited liability company organized under the laws of
9 this state shall make an annual report in writing to the secretary of state,
10 showing the financial condition of stating the prescribed information con-
11 cerning the limited liability company at the close of business on the last
12 day of its tax period next preceding the date of filing. If the limited liability
13 company's tax period is other than the calendar year, it shall give notice
14 of its different tax period in writing to the secretary of state prior to
15 December 31 of the year it commences the different tax period. The
16 annual report shall be filed at the time prescribed by law for filing the
17 limited liability company's annual Kansas income tax return. If the limited
18 liability company applies for an extension of time for filing its annual
19 income tax return under the internal revenue code, the limited liability
20 company shall also apply, not more than 90 days after the due date of its
21 annual report, to the secretary of state for an extension of the time for
22 filing its report and an extension shall be granted for a period of time
23 corresponding to that granted under the internal revenue code. The ap-
24 plication shall include a copy of the application to income tax authorities.
25 (b) The annual report shall be made on a form prescribed by the
26 secretary of state. The report shall contain the following information:
27 (1) The name of the limited liability company;
28 (2) a reconciliation of the capital accounts for the preceding taxable
29 year as required to be reported on the federal partnership return of in-
30 come; and
31 (3) a balance sheet showing the financial condition of the limited
32 liability company at the close of business on the last day of its tax period
33 next preceding the date of filing; and
34 (4) (3) a list of the members owning at least 5% of the capital of the
35 company, with the post office address of each.
36 (c) The annual report shall be signed by a member of the limited
37 liability company and forwarded to the secretary of state. At the time of
38 filing the report, the limited liability company shall pay to the secretary
39 of state an annual franchise tax in an amount equal to $1 for each $1,000
40 of the net capital accounts located in or used in this state at the end of
41 the preceding taxable year as required to be reported on the federal
42 partnership return of income, except that no annual tax shall be less than
43 $20 or more than $2,500. One dollar of the annual franchise tax shall
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1 be deposited to the credit of the franchise tax fee fund.
2 (d) The provisions of K.S.A. 17-7509, and amendments thereto, re-
3 lating to penalties for failure of a corporation to file an annual report or
4 pay the required franchise tax, and the provisions of subsection (a) of
5 K.S.A. 17-7510 and amendments thereto, relating to penalties for failure
6 of a corporation to file an annual report or pay the required franchise tax,
7 shall be applicable to the articles of organization of any limited liability
8 company which fails to file its annual report or pay the franchise tax within
9 90 days of the time prescribed in this section for filing and paying the
10 same. Whenever the articles of organization of a limited liability company
11 are forfeited for failure to file an annual report or to pay the required
12 franchise tax, the limited liability company may be reinstated by filing a
13 certificate of reinstatement, in the manner and form to be prescribed by
14 the secretary of state and paying to the secretary of state all fees and taxes,
15 including any penalties thereon, due to the state. The fee for filing a
16 certificate of reinstatement shall be the same as that prescribed by K.S.A.
17 17-7506, and amendments thereto, for filing a certificate of extension,
18 restoration, renewal or revival of a corporation's articles of incorporation.
19 Sec. 6. 7. [6.] K.S.A. 17-7648 is hereby amended to read as follows:
20 17-7648. (a) Every foreign limited liability company shall make an annual
21 report in writing to the secretary of state, showing the financial condition
22 of stating the prescribed information concerning the limited liability com-
23 pany at the close of business on the last day of its tax period next preceding
24 the date of filing. If the limited liability company's tax period is other than
25 the calendar year, it shall give notice in writing of its different tax period
26 to the secretary of state prior to December 31 of the year it commences
27 the different tax period. The annual report shall be filed at the time
28 prescribed by law for filing the limited liability company's annual Kansas
29 income tax return. If the limited liability company applies for an extension
30 of time for filing its annual income tax return under the internal revenue
31 code, the limited liability company shall also apply, not more than 90 days
32 after the due date of its annual report, to the secretary of state for an
33 extension of the time for filing its report and an extension shall be granted
34 for a period of time corresponding to that granted under the internal
35 revenue code. The application shall include a copy of the application to
36 income tax authorities.
37 (b) The annual report shall be made on a form prescribed by the
38 secretary of state. The report shall contain the following information:
39 (1) The name of the limited liability company; and
40 (2) a reconciliation of the capital accounts for the preceding taxable
41 year as required to be reported on the federal partnership return of in-
42 come; and.
43 (3) a balance sheet showing the financial condition of the limited
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1 liability company at the close of business on the last day of its tax period
2 next preceding the date of filing.
3 (c) The annual report shall be signed by a member of the limited
4 liability company and forwarded to the secretary of state. At the time of
5 filing the report, the limited liability company shall pay to the secretary
6 of state an annual franchise tax in an amount equal to $1 for each $1,000
7 of the net capital accounts located in or used in this state at the end of
8 the preceding taxable year as required to be reported on the federal
9 partnership return of income, except that no annual tax shall be less than
10 $20 or more than $2,500. One dollar of the annual franchise tax shall
11 be deposited to the credit of the franchise tax fee fund.
12 (d) The provisions of K.S.A. 17-7509, and amendments thereto, re-
13 lating to penalties for failure of a corporation to file an annual report or
14 pay the required franchise tax, and the provisions of subsection (a) of
15 K.S.A. 17-7510, and amendments thereto, relating to penalties for failure
16 of a corporation to file an annual report or pay the required franchise tax,
17 shall be applicable to the authority of any foreign limited liability company
18 which fails to file its annual report or pay the franchise tax within 90 days
19 of the time prescribed in this section for filing and paying the same.
20 Whenever the authority of a foreign limited liability company is forfeited
21 for failure to file an annual report or to pay the required franchise tax,
22 the authority of the foreign limited liability company may be reinstated
23 by filing a certificate of reinstatement, in the manner and form to be
24 prescribed by the secretary of state and paying to the secretary of state
25 all fees and taxes, including any penalties thereon, due to the state. The
26 fee for filing a certificate of reinstatement shall be the same as that pre-
27 scribed by K.S.A. 17-7506, and amendments thereto, for filing a certifi-
28 cate of extension, restoration, renewal or revival of a corporation's articles
29 of incorporation.
30 Sec. 7. 8. [7.] K.S.A. 56-1a606 is hereby amended to read as follows:
31 56-1a606. (a) Every limited partnership organized under the laws of this
32 state shall make an annual report in writing to the secretary of state,
33 showing the financial condition of stating the prescribed information con-
34 cerning the limited partnership at the close of business on the last day of
35 its tax period next preceding the date of filing. If the limited partnership's
36 tax period is other than the calendar year, it shall give notice of its dif-
37 ferent tax period to the secretary of state prior to December 31 of the
38 year it commences the different tax period. The annual report shall be
39 filed at the time prescribed by law for filing the limited partnership's
40 annual Kansas income tax return. If the limited partnership applies for
41 an extension of time for filing its annual income tax return under the
42 internal revenue code or under K.S.A. 79-3221 and amendments thereto,
43 the limited partnership shall also apply, not more than 90 days after the
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1 due date of its annual report, to the secretary of state for an extension of
2 the time for filing its report and an extension shall be granted for a period
3 of time corresponding to that granted under the internal revenue code
4 or K.S.A. 79-3221 and amendments thereto. The application shall include
5 a copy of the application to income tax authorities.
6 (b) The annual report shall be made on a form prescribed by the
7 secretary of state. The report shall contain the following information:
8 (1) The name of the limited partnership;
9 (2) a reconciliation of the partners' capital accounts for the preceding
10 taxable year as required to be reported on the federal partnership return
11 of income; and
12 (3) a balance sheet showing the financial condition of the limited
13 partnership at the close of business on the last day of its tax period next
14 preceding the date of filing; and
15 (4) (3) a list of the partners owning at least 5% of the capital of the
16 partnership, with the post office address of each.
17 (c) Every limited partnership subject to the provisions of this section
18 which is a limited corporate partnership, as defined in K.S.A. 17-5903
19 and amendments thereto, and which holds agricultural land, as defined
20 in K.S.A. 17-5903 and amendments thereto, within this state shall show
21 the following additional information on the report:
22 (1) The number of acres and location, listed by section, range, town-
23 ship and county of each lot, tract or parcel of agricultural land in this state
24 owned or leased by the limited partnership; and
25 (2) whether any of the agricultural land held and reported under sub-
26 section (c)(1) was acquired after July 1, 1981.
27 (d) The annual report shall be signed by the general partner or part-
28 ners of the limited partnership, sworn to before an officer duly authorized
29 to administer oaths and forwarded to the secretary of state. At the time
30 of filing the report, the limited partnership shall pay to the secretary of
31 state an annual franchise tax in an amount equal to $1 for each $1,000 of
32 the partners' net capital accounts located in or used in this state at the
33 end of the preceding taxable year as required to be reported on the fed-
34 eral partnership return of income, except that no annual tax shall be less
35 than $20 or more than $2,500. One dollar of the annual franchise tax
36 shall be deposited to the credit of the franchise tax fee fund.
37 (e) The provisions of K.S.A. 17-7509 and amendments thereto, re-
38 lating to penalties for failure of a corporation to file an annual report or
39 pay the required franchise tax, and the provisions of subsection (a) of
40 K.S.A. 17-7510 and amendments thereto, relating to forfeiture of a do-
41 mestic corporation's articles of incorporation for failure to file an annual
42 report or pay the required franchise tax, shall be applicable to the certif-
43 icate of partnership of any limited partnership which fails to file its annual
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1 report or pay the franchise tax within 90 days of the time prescribed in
2 this section for filing and paying the same. Whenever the certificate of
3 partnership of a limited partnership is forfeited for failure to file an annual
4 report or to pay the required franchise tax, the limited partnership may
5 be reinstated by filing a certificate of reinstatement, in the manner and
6 form to be prescribed by the secretary of state and paying to the secretary
7 of state all fees and taxes, including any penalties thereon, due to the
8 state. The fee for filing a certificate of reinstatement shall be the same as
9 that prescribed by K.S.A. 17-7506 and amendments thereto for filing a
10 certificate of extension, restoration, renewal or revival of a corporation's
11 articles of incorporation.
12 Sec. 8. 9. [8.] K.S.A. 56-1a607 is hereby amended to read as follows:
13 56-1a607. (a) Every foreign limited partnership shall make an annual re-
14 port in writing to the secretary of state, showing the financial condition
15 of stating the prescribed information concerning the limited partnership
16 at the close of business on the last day of its tax period next preceding
17 the date of filing. If the limited partnership's tax period is other than the
18 calendar year, it shall give notice of its different tax period to the secretary
19 of state prior to December 31 of the year it commences the different tax
20 period. The annual report shall be filed at the time prescribed by law for
21 filing the limited partnership's annual Kansas income tax return. If the
22 limited partnership applies for an extension of time for filing its annual
23 income tax return under the internal revenue code or under K.S.A. 79-
24 3221 and amendments thereto, the limited partnership shall also apply,
25 not more than 90 days after the due date of its annual report, to the
26 secretary of state for an extension of the time for filing its report and an
27 extension shall be granted for a period of time corresponding to that
28 granted under the internal revenue code or K.S.A. 79-3221 and amend-
29 ments thereto. The application shall include a copy of the application to
30 income tax authorities.
31 (b) The annual report shall be made on a form prescribed by the
32 secretary of state. The report shall contain the following information:
33 (1) The name of the limited partnership; and
34 (2) a reconciliation of the partners' capital accounts for the preceding
35 taxable year as required to be reported on the federal partnership return
36 of income; and.
37 (3) a balance sheet showing the financial condition of the limited
38 partnership at the close of business on the last day of its tax period next
39 preceding the date of filing.
40 (c) Every foreign limited partnership subject to the provisions of this
41 section which is a limited corporate partnership, as defined in K.S.A. 17-
42 5903 and amendments thereto, and which holds agricultural land, as de-
43 fined in K.S.A. 17-5903 and amendments thereto, within this state shall
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1 show the following additional information on the report:
2 (1) The number of acres and location, listed by section, range, town-
3 ship and county of agricultural land in this state owned or leased by the
4 limited partnership; and
5 (2) whether any of the agricultural land held and reported under sub-
6 section (c)(1) was acquired after July 1, 1981.
7 (d) The annual report shall be signed by the general partner or part-
8 ners of the limited partnership, sworn to before an officer duly authorized
9 to administer oaths and forwarded to the secretary of state. At the time
10 of filing the report, the foreign limited partnership shall pay to the sec-
11 retary of state an annual franchise tax in an amount equal to $1 for each
12 $1,000 of the partners' net capital accounts located in or used in this state
13 at the end of the preceding taxable year as required to be reported on
14 the federal partnership return of income, except that no annual tax shall
15 be less than $20 or more than $2,500. One dollar of the franchise tax
16 shall be deposited to the credit of the franchise tax fee fund.
17 (e) The provisions of K.S.A. 17-7509 and amendments thereto, re-
18 lating to penalties for failure of a corporation to file an annual report or
19 pay the required franchise tax, and the provisions of subsection (b) of
20 K.S.A. 17-7510 and amendments thereto, relating to forfeiture of a for-
21 eign corporation's authority to do business in this state for failure to file
22 an annual report or pay the required franchise tax, shall be applicable to
23 the authority of any foreign limited partnership which fails to file its an-
24 nual report or pay the franchise tax within 90 days of the time prescribed
25 in this section for filing and paying the same. Whenever the authority of
26 a foreign limited partnership to do business in this state is forfeited for
27 failure to file an annual report or to pay the required franchise tax, the
28 foreign limited partnership's authority to do business in this state may be
29 reinstated by filing a certificate of reinstatement, in the manner and form
30 to be prescribed by the secretary of state and paying to the secretary of
31 state all fees and taxes, including any penalties thereon, due to the state.
32 The fee for filing a certificate of reinstatement shall be the same as that
33 prescribed by K.S.A. 17-7506 and amendments thereto for filing a cer-
34 tificate of extension, restoration, renewal or revival of a corporation's ar-
35 ticles of incorporation.
36 Sec. 9. 10. [9.] K.S.A. 17-2718, 17-7503, 17-7504, 17-7505, 17-7647,
37 17-7648, 56-1a606 and 56-1a607 are hereby repealed.
38 Sec. 10. 11. [10.] This act shall take effect and be in force from and
39 after its publication in the statute book.