KS Notice 18-05 Corporate Income Tax 2018-10-12

Did Kansas give corporate filers penalty relief for 2017 income tax returns?

Short answer: Kansas Notice 18-05 explains that the Department gave late-filing penalty relief for 2017 corporate income tax returns. The extended Kansas due date of October 15, 2018 matched the federal return; to allow more time to file accurately, the Department will waive the late-filing penalty for a corporate taxpayer with a properly extended federal due date of October 15, 2018, as long as the Kansas return is filed by November 15, 2018. Fiscal-year 2017 filers with a properly extended federal due date get the waiver if the Kansas return is filed within an additional month of the federal extended due date. Elections are treated as timely if made on a return filed under this relief. The relief applies only to filing the original 2017 return -- interest and penalties for late payment of the tax may still apply -- and taxpayers should mark the return as seeking 'an October 15 to November 15 Penalty Relief Extension.'

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This page answers the general question as of 2018. Ezel answers yours, under current Kansas tax law, with citations.

Currency note: this ruling is from 2018
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Kansas Department of Revenue Notice: public guidance the Department issues to explain Kansas tax law, most often a newly enacted statute. It states the Department's general interpretation and administration of the law; it does not have the force of law and is not a private ruling issued to any one taxpayer. It reflects the statutes, regulations, and rates in effect on its issue date and may since have been amended or superseded by a later notice or law change, so confirm it is still current before relying on it. Kansas state and local sales and use taxes are administered centrally by the Department, so there is no self-collected home-rule city tax outside its scope. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

Kansas Notice 18-05 provides late-filing penalty relief for 2017 corporate income tax returns.

The relief. The extended Kansas corporate income tax due date of October 15, 2018 matched the federal return. To give taxpayers more time to file accurately, the Department will waive the late-filing penalty for a corporate taxpayer that has a properly extended federal return due date of October 15, 2018, as long as the Kansas return is filed by November 15, 2018. For a fiscal-year filer with a tax year beginning in 2017 and a properly extended federal due date, the Department will waive the late-filing penalty if the Kansas return is filed within an additional month of the federal extended due date.

Elections. The Department will consider elections as made on a timely filed return if they are made on a 2017 corporate return filed by November 15, 2018 (or, for a fiscal-year corporation, within the additional month).

Limits and how to claim it. This relief applies only to filing the original 2017 Kansas corporate return -- interest and penalties for late payment of the tax may still apply. To use the extension, a taxpayer should mark on its return that it is seeking "an October 15 to November 15 Penalty Relief Extension." Failure to file by November 15, 2018 (unless abated) results in a late-filing penalty based on the October 15, 2018 due date.

What this means for you

Corporations filing 2017 Kansas returns

  • If your federal 2017 return was properly extended to October 15, 2018, you avoid the Kansas late-filing penalty by filing the Kansas return by November 15, 2018.
  • Mark the return as seeking "an October 15 to November 15 Penalty Relief Extension" to claim it.

Fiscal-year corporate filers

  • You get the penalty waiver if you file the Kansas return within an additional month of your federal extended due date.

Corporations that owe tax

  • This is filing-penalty relief only -- interest and penalties for late payment of the tax may still apply.

Common questions

What penalty was waived? The late-filing penalty for the 2017 Kansas corporate income tax return.

By when did I have to file to get the relief? By November 15, 2018 (calendar-year filers with a federal extension to October 15, 2018); fiscal-year filers within an additional month of their federal extended due date.

Does it cover late payment? No -- interest and penalties for late payment of the tax may still apply.

How do I claim it? Mark on the return that you are seeking "an October 15 to November 15 Penalty Relief Extension."

Citations and references

  • October 15, 2018 extended due date -- the Kansas corporate due date matched the federal return.
  • November 15, 2018 filing date -- filing by this date obtains the late-filing penalty waiver; fiscal-year filers get an additional month past the federal extended due date.
  • This relief covers filing only -- interest and penalties for late payment may still apply.

Source

Original ruling text

TAX POLICY DEPARTMENT OF REVENUE
109 SW 9th STREET PHONE: 785-368-8222
PO BOX 3506 FAX: 785-296-7928
TOPEKA, KS 66601-3506 www.ksrevenue.org
GOVERNOR JEFF COLYER, M.D.
SAMUEL M. WILLIAMS, SECRETARY

                                         NOTICE 18-05

          EXTENDED FILING DATE FOR 2017 CORPORATE INCOME TAX RETURNS
                               (OCTOBER 12, 2018)

The extended filing date of October 15, 2018 for the Kansas corporate income tax return is the
same due date as the federal return. To allow a taxpayer more time to accurately file its Kansas
corporate income tax return, and as long as a corporate income taxpayer has a properly extended
federal return due date to October 15, 2018, the Kansas Department of Revenue will waive the
imposition of the late filing penalty. For any fiscal filer with a tax year beginning in 2017 and a
properly extended federal return due date, the Kansas Department of Revenue will waive the
imposition of the late filing penalty as long as the Kansas income return is filed within an additional
month of the federal extended due date.

The Kansas Department of Revenue will consider elections as made on a timely filed income tax
return if the elections are made on a 2017 corporate income tax return filed by November 15 (or
within an additional month for an extended 2017 corporate income tax return for a fiscal year
corporation) under this penalty relief.

Note, this penalty relief only applies to the filing of the 2017 original Kansas corporate income tax
return. As applicable, interest and penalties for late payment of the tax may still apply. To utilize
this extension, a taxpayer should mark on its return that it is seeking an "October 15 to November
15 Penalty Relief Extension." Failure to file by the November 15, 2018 date, unless abated by the
Kansas Department of Revenue will result in the imposition of a late filing penalty based on the
October 15, 2018 due date.

                                     Taxpayer Assistance

Additional copies of this notice, forms or publications are available from our web site,
www.ksrevenue.org. If you have questions about this Notice, please contact:

                                 Taxpayer Assistance Center
                                Kansas Department of Revenue
                                  Topeka, KS 66612-1588
                                    Phone: 785-368-8222
                                     Fax: 785-291-3614

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