Session of 1999
         
HOUSE BILL No. 2128
         
By Committee of Taxation
          
1-26
          
  9             AN  ACT relating to income taxation; providing credits therefrom for
10             teaching aid contributions; amending K.S.A. 1998 Supp. 79-32,117 and
11             repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. For all taxable years commencing after December
15       31, 1998, there shall be allowed as a credit against the tax liability imposed
16       under the Kansas income tax act upon an individual who is certificated
17       to instruct and educate students of grades kindergarten through 12 in an
18       accredited school, whether public or otherwise, an amount, not to exceed
19       $500, equal to the purchase costs of equipment, materials or other teach-
20       ing aids for use in the classroom to assist in the education of the students
21       of such individual. If the amount of such tax credit exceeds the individual's
22       income tax liability for the appropriate taxable year, such excess amount
23       shall be refunded.
24             Sec.  2. K.S.A. 1998 Supp. 79-32,117 is hereby amended to read as
25       follows: 79-32,117. (a) The Kansas adjusted gross income of an individual
26       means such individual's federal adjusted gross income for the taxable year,
27       with the modifications specified in this section.
28             (b) There shall be added to federal adjusted gross income:
29             (i) Interest income less any related expenses directly incurred in the
30       purchase of state or political subdivision obligations, to the extent that
31       the same is not included in federal adjusted gross income, on obligations
32       of any state or political subdivision thereof, but to the extent that interest
33       income on obligations of this state or a political subdivision thereof issued
34       prior to January 1, 1988, is specifically exempt from income tax under the
35       laws of this state authorizing the issuance of such obligations, it shall be
36       excluded from computation of Kansas adjusted gross income whether or
37       not included in federal adjusted gross income. Interest income on obli-
38       gations of this state or a political subdivision thereof issued after Decem-
39       ber 31, 1987, shall be excluded from computation of Kansas adjusted
40       gross income whether or not included in federal adjusted gross income.
41             (ii) Taxes on or measured by income or fees or payments in lieu of
42       income taxes imposed by this state or any other taxing jurisdiction to the
43       extent deductible in determining federal adjusted gross income and not

HB 2128

2

  1       credited against federal income tax. This paragraph shall not apply to taxes
  2       imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amend-
  3       ments thereto, for privilege tax year 1995, and all such years thereafter.
  4             (iii) The federal net operating loss deduction.
  5             (iv) Federal income tax refunds received by the taxpayer if the de-
  6       duction of the taxes being refunded resulted in a tax benefit for Kansas
  7       income tax purposes during a prior taxable year. Such refunds shall be
  8       included in income in the year actually received regardless of the method
  9       of accounting used by the taxpayer. For purposes hereof, a tax benefit
10       shall be deemed to have resulted if the amount of the tax had been de-
11       ducted in determining income subject to a Kansas income tax for a prior
12       year regardless of the rate of taxation applied in such prior year to the
13       Kansas taxable income, but only that portion of the refund shall be in-
14       cluded as bears the same proportion to the total refund received as the
15       federal taxes deducted in the year to which such refund is attributable
16       bears to the total federal income taxes paid for such year. For purposes
17       of the foregoing sentence, federal taxes shall be considered to have been
18       deducted only to the extent such deduction does not reduce Kansas tax-
19       able income below zero.
20             (v) The amount of any depreciation deduction or business expense
21       deduction claimed on the taxpayer's federal income tax return for any
22       capital expenditure in making any building or facility accessible to the
23       handicapped, for which expenditure the taxpayer claimed the credit al-
24       lowed by K.S.A. 79-32,177, and amendments thereto.
25             (vi) Any amount of designated employee contributions picked up by
26       an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965,
27       and amendments to such sections.
28             (vii) The amount of any charitable contribution made to the extent
29       the same is claimed as the basis for the credit allowed pursuant to K.S.A.
30       79-32,196, and amendments thereto.
31             (viii) The amount of any costs incurred for improvements to a swine
32       facility, claimed for deduction in determining federal adjusted gross in-
33       come, to the extent the same is claimed as the basis for any credit allowed
34       pursuant to K.S.A. 1998 Supp. 79-32,204 and amendments thereto.
35             (ix) The amount of any ad valorem taxes and assessments paid and
36       the amount of any costs incurred for habitat management or construction
37       and maintenance of improvements on real property, claimed for deduc-
38       tion in determining federal adjusted gross income, to the extent the same
39       is claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,203
40       and amendments thereto.
41             (x) The amount of any contributions made to an elementary or sec-
42       ondary school to the extent the same is claimed as the basis for the credit
43       allowed pursuant to section 1.

HB 2128

3

  1             (c) There shall be subtracted from federal adjusted gross income:
  2             (i) Interest or dividend income on obligations or securities of any
  3       authority, commission or instrumentality of the United States and its pos-
  4       sessions less any related expenses directly incurred in the purchase of
  5       such obligations or securities, to the extent included in federal adjusted
  6       gross income but exempt from state income taxes under the laws of the
  7       United States.
  8             (ii) Any amounts received which are included in federal adjusted
  9       gross income but which are specifically exempt from Kansas income tax-
10       ation under the laws of the state of Kansas.
11             (iii) The portion of any gain or loss from the sale or other disposition
12       of property having a higher adjusted basis for Kansas income tax purposes
13       than for federal income tax purposes on the date such property was sold
14       or disposed of in a transaction in which gain or loss was recognized for
15       purposes of federal income tax that does not exceed such difference in
16       basis, but if a gain is considered a long-term capital gain for federal in-
17       come tax purposes, the modification shall be limited to that portion of
18       such gain which is included in federal adjusted gross income.
19             (iv) The amount necessary to prevent the taxation under this act of
20       any annuity or other amount of income or gain which was properly in-
21       cluded in income or gain and was taxed under the laws of this state for a
22       taxable year prior to the effective date of this act, as amended, to the
23       taxpayer, or to a decedent by reason of whose death the taxpayer acquired
24       the right to receive the income or gain, or to a trust or estate from which
25       the taxpayer received the income or gain.
26             (v) The amount of any refund or credit for overpayment of taxes on
27       or measured by income or fees or payments in lieu of income taxes im-
28       posed by this state, or any taxing jurisdiction, to the extent included in
29       gross income for federal income tax purposes.
30             (vi) Accumulation distributions received by a taxpayer as a beneficiary
31       of a trust to the extent that the same are included in federal adjusted
32       gross income.
33             (vii) Amounts received as annuities under the federal civil service
34       retirement system from the civil service retirement and disability fund
35       and other amounts received as retirement benefits in whatever form
36       which were earned for being employed by the federal government or for
37       service in the armed forces of the United States.
38             (viii) Amounts received by retired railroad employees as a supple-
39       mental annuity under the provisions of 45 U.S.C. 228b (a) and 228c (a)(1)
40       et seq.
41             (ix) Amounts received by retired employees of a city and by retired
42       employees of any board of such city as retirement allowances pursuant to
43       K.S.A. 13-14,106, and amendments thereto, or pursuant to any charter

HB 2128

4

  1       ordinance exempting a city from the provisions of K.S.A. 13-14,106, and
  2       amendments thereto.
  3             (x) For taxable years beginning after December 31, 1976, the amount
  4       of the federal tentative jobs tax credit disallowance under the provisions
  5       of 26 U.S.C. 280 C. For taxable years ending after December 31, 1978,
  6       the amount of the targeted jobs tax credit and work incentive credit dis-
  7       allowances under 26 U.S.C. 280 C.
  8             (xi) For taxable years beginning after December 31, 1986, dividend
  9       income on stock issued by Kansas Venture Capital, Inc.
10             (xii) For taxable years beginning after December 31, 1989, amounts
11       received by retired employees of a board of public utilities as pension and
12       retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and 13-1249
13       and amendments thereto.
14             (xiii) For taxable years beginning after December 31, 1993, the
15       amount of income earned on contributions deposited to an individual
16       development account under K.S.A. 79-32,117h, and amendments thereto.
17             (xiv) For all taxable years commencing after December 31, 1996, that
18       portion of any income of a bank organized under the laws of this state or
19       any other state, a national banking association organized under the laws
20       of the United States, an association organized under the savings and loan
21       code of this state or any other state, or a federal savings association or-
22       ganized under the laws of the United States, for which an election as an
23       S corporation under subchapter S of the federal internal revenue code is
24       in effect, which accrues to the taxpayer who is a stockholder of such
25       corporation and which is not distributed to the stockholders as dividends
26       of the corporation.
27             (d) There shall be added to or subtracted from federal adjusted gross
28       income the taxpayer's share, as beneficiary of an estate or trust, of the
29       Kansas fiduciary adjustment determined under K.S.A. 79-32,135, and
30       amendments thereto.
31             (e) The amount of modifications required to be made under this sec-
32       tion by a partner which relates to items of income, gain, loss, deduction
33       or credit of a partnership shall be determined under K.S.A. 79-32,131,
34       and amendments thereto, to the extent that such items affect federal
35       adjusted gross income of the partner. 
36       Sec.  3. K.S.A. 1998 Supp. 79-32,117 is hereby repealed.
37        Sec.  4. This act shall take effect and be in force from and after its
38       publication in the statute book.