Session of 2000
HOUSE BILL No. 2689
By Committee on Agriculture
1-24
10 AN ACT relating
to income taxation; providing for a credit therefrom for
11 certain operating loan
expenses incurred by a farming business.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. (a) For all taxable years commencing after December 31,
15 1999, there shall be allowed as a credit
against the tax liability of an
16 eligible farming business imposed under the
Kansas income tax act, an
17 amount equal to any amount paid to the farm
service agency of the United
18 States department of agriculture as a
guaranty fee pursuant to the ob-
19 taining of an operating loan guaranteed by
such service. If such business
20 is a corporation having an election in
effect under subchapter S of the
21 federal internal revenue code, a
partnership or a limited liability company,
22 the credit provided by this section shall
be claimed by the shareholders
23 of such corporation, the partners of such
partnership or the members of
24 such limited liability company in the same
manner as such shareholders,
25 partners or members account for their
proportionate shares of the income
26 or loss of the corporation, partnership or
limited liability company.
27 (b) The credit
authorized by this section shall only be claimed against
28 the tax liability resulting from income
generated by the farming business.
29 If an income tax return upon which this
credit is claimed includes ad-
30 justed gross income from sources other than
the farming business, the
31 credit shall only be allowed to be claimed
upon a percentage of the in-
32 come tax liability which does not exceed
the percentage of adjusted gross
33 income generated by the farming business as
compared to the total ad-
34 justed gross income shown on the
return.
35 (c) If the amount
of the tax credit allowed by this section exceeds the
36 taxpayer's income tax liability for such
taxable year, the amount thereof
37 which exceeds such tax liability may be
carried over for deduction from
38 the taxpayer's income tax liability in the
next succeeding taxable year or
39 years until the total amount of the tax
credit has been deducted from tax
40 liability.
41 (d) As used in
this section, "eligible farming business" shall have the
42 meaning ascribed thereto by section
263A(e)(4) of the federal internal
43 revenue code.
2
1 Sec. 2. This act
shall take effect and be in force from and after its
2 publication in the statute book.