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Structure

The Kansas K-19 form plays a crucial role in the state's tax system, particularly for partnerships, S corporations, limited liability companies (LLCs), and limited liability partnerships (LLPs) that have nonresident owners. This form is designed to report the Kansas income tax that must be withheld from the taxable income of these nonresident owners, whether that income is distributed or not. It includes several sections that gather essential information, such as the entity's details, the nonresident owner's information, and the specifics of the taxable income and withholding amounts. Notably, the form also outlines the process for reporting ownership shares and tax withheld for nonresident owners who are themselves pass-through entities. The withholding tax rate for nonresident owners is currently set at 4.9%, and entities must comply with additional requirements, including the completion of accompanying forms like the KW-7S and KW-7. For those who wish to opt out of withholding, the form provides an avenue through an affidavit. Understanding the K-19 form is vital for ensuring compliance with Kansas tax regulations and avoiding potential penalties.

Documents used along the form

The Kansas K-19 form is essential for reporting nonresident owner tax withholding for various business entities. Alongside this form, several other documents are commonly used to ensure compliance with Kansas tax regulations. Each of these forms serves a specific purpose and helps streamline the tax reporting process for both entities and their nonresident owners.

  • KW-7 Nonresident Owner Withholding Return: This form is used by partnerships, S corporations, LLCs, and LLPs to report and remit the tax withheld from nonresident owners' income. It summarizes the total tax withheld for the tax year.
  • KW-7S Schedule of Nonresident Owner Withholding: This schedule accompanies the KW-7 and details the individual amounts withheld for each nonresident owner. It provides a breakdown of the tax withheld based on ownership percentages.
  • KW-7A Affidavit: Nonresident owners may file this affidavit to opt out of withholding requirements. It allows them to declare their intent not to have taxes withheld from their share of Kansas taxable income.
  • K-40 Kansas Individual Income Tax Return: This is the standard tax return form for individuals in Kansas. Nonresident owners may use the information reported on K-19 and KW-7S when filing their K-40 returns.
  • Trailer Bill of Sale Form: For those involved in trailer transactions, the thorough Trailer Bill of Sale documentation guide ensures proper ownership transfer and adherence to regulations.
  • K-40C Kansas Income Tax Credit: This form is used by nonresident owners to claim a credit for taxes withheld in Kansas. It helps reduce their overall tax liability when filing their K-40.
  • KW-100 Kansas Withholding Tax Publication: This publication provides detailed guidance on withholding tax requirements for nonresident owners. It includes instructions and examples to assist entities in compliance.
  • Form 1040 U.S. Individual Income Tax Return: While not specific to Kansas, this federal tax return form is relevant for nonresident owners who must report their income, including amounts from Kansas sources.

Understanding these forms and their purposes is crucial for compliance with Kansas tax laws. Proper completion and timely submission can prevent potential issues with tax authorities and ensure that both entities and nonresident owners fulfill their tax obligations accurately.

Misconceptions

Understanding the Kansas K-19 form can be challenging, and misconceptions can lead to mistakes. Here are seven common misconceptions about the K-19 form, along with clarifications to help you navigate this important document.

  1. The K-19 form is only for individuals. This is not true. The K-19 form is required for various types of entities, including partnerships, S corporations, LLCs, and LLPs. Nonresident owners can be individuals or organizations.
  2. Only distributed income is subject to withholding. In fact, Kansas income tax must be withheld from both distributed and undistributed income of nonresident owners. This applies to any income not reported on specific federal schedules.
  3. Publicly traded partnerships are required to withhold tax. This is a misconception. Publicly traded partnerships are exempt from withholding Kansas income tax, which is an important distinction to keep in mind.
  4. Filing an affidavit allows all nonresident owners to opt out of withholding. While nonresident owners can opt out by filing Form KW-7A, not all owners are eligible. Specific criteria must be met, so it’s essential to review the requirements carefully.
  5. The K-19 form is a standalone document. This is misleading. The K-19 form must be accompanied by other forms, such as the Schedule of Nonresident Owner Withholding (KW-7S) and the Nonresident Owner Withholding Return (KW-7) to properly remit the withheld tax.
  6. All nonresident owners can file their taxes without additional forms. Certain nonresident owners may be able to use the Kansas tax withheld reported on Form KW-7S instead of filing Kansas Form K-40 or K-40C. However, this option is not available to everyone, so it’s crucial to check eligibility.
  7. Once the K-19 form is submitted, no further action is needed. This is incorrect. The K-19 form must be kept on file, and copies should be distributed to nonresident owners for their records and tax returns. Proper record-keeping is essential for compliance.

By addressing these misconceptions, you can ensure a smoother process when dealing with the Kansas K-19 form. If you have further questions, consider reaching out to the Kansas Department of Revenue for assistance.

Key takeaways

Understanding the Kansas K-19 form is crucial for compliance and accurate reporting. Here are key takeaways to keep in mind:

  • Entity Information: Ensure that all entity details, including name, Employer Identification Number (EIN), and address, are accurately filled in Part A.
  • Nonresident Owner Details: In Part B, provide complete information about each nonresident owner, including their Social Security Number or EIN and type of taxpayer.
  • Tax Withholding: Partnerships, S corporations, LLCs, and LLPs must withhold Kansas income tax from nonresident owners’ shares of taxable income at a rate of 4.9%.
  • Options to Opt-Out: Nonresident owners may opt out of withholding by filing Form KW-7A. This option must be documented with the pass-through entity.
  • Distribution of Copies: Prepare three copies of Form K-19 for each nonresident owner. Distribute these copies appropriately to ensure compliance and record-keeping.
  • Seek Assistance: If you encounter any issues or have questions, reach out to the Kansas Department of Revenue for guidance.

Timely and accurate completion of the K-19 form is essential to avoid penalties and ensure proper tax reporting.