Kansas
KS · state · 17 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | ESCAPES: the three-part resident-trust test is CONJUNCTIVE; NV administration fails prong (1) alone, and a nonresident trust is taxed on KS-source income only (retained intangible gain is not). PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed | sources (3)K.S.A. 79-32,109(d) (resident trust: conjunctive three-part test) · high confidence · as of 2026-07-13 · TY 2026 Kansas requires in-state administration AND a resident settlor AND a resident income beneficiary; failing any one prong makes the trust nonresident 'Resident trust' means a trust that: (1) Is administered in this state; (2) was created by or consists of property owned by a person domiciled in this state on the date the trust or portion of the trust became irrevocable; and (3) has at least one income beneficiary who, on the last day of the taxable year, was a resident of this state. Note: K.S.A. 79-32,110(a)(2) taxes nonresident trusts on Kansas-source income only. https://www.ksrevisor.gov/statutes/chapters/ch79/079_032_0109.htmlIRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026 IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelimIRC §665(c) · high confidence · as of 2026-07-13 · TY 2026 IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust (1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust. Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)). https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim |
| estate-none | Estate and inheritance tax | None | sources (1)Kansas Department of Revenue Notice 10-07 · high confidence · as of 2026-07-02 · TY 2025 No Kansas estate tax for decedents dying after Dec 31 2009 The Kansas Legislature has not enacted any estate tax provisions which apply to the estates of decedents dying after December 31, 2009. As a result, no tax is or will be due from these estates. Note: PDF fetched; spacing artifacts normalized (words unchanged). Old hint cite K.S.A. 79-15,100 wrong: notice cites K.S.A. 79-15,201 et seq., self-repealed Jan 1 2010 per K.S.A. 79-15,253. https://www.ksrevenue.gov/taxnotices/notice10-07.pdf |
| rate | Top income tax rate (TY2025) | 5.2% to $46,000 MFJ, then 5.58% above (TY2025) | sources (1)K.S.A. 79-32,110(a) · high confidence · as of 2026-07-02 · TY 2025 Kansas income tax rates are 5.2% (to $46,000 MFJ) and 5.58% (above $46,000 MFJ) A tax is hereby imposed upon the Kansas taxable income of every resident individual... (1) Married individuals filing joint returns... (B) For tax year 2024, and all tax years thereafter: If the taxable income is: The tax is: Not over $46,000 5.2% of Kansas taxable income Over $46,000 $2,392 plus 5.58% of excess over $46,000 Note: SB 1 (2024) collapsed three brackets to two, retroactive to TY2024; the schedule applies to TY2025 unchanged. Rate cuts below 5.2%/5.58% are possible under surplus-trigger provisions in Kansas law. Combined MFJ shelter: $8,240 standard deduction + $18,320 personal exemption = $26,560. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0110_section/079_032_0110_k/ |
| deduction | Combined shelter (standard deduction + personal exemption, MFJ) | $26,560 combined | sources (1)K.S.A. 79-32,121 (personal exemption); K.S.A. 79-32,119 (standard deduction) · high confidence · as of 2026-07-02 · TY 2025 Kansas combined shelter (standard deduction + personal exemption) is $26,560 MFJ (1) In the case of married individuals filing a joint return, a personal exemption of $18,320; (2) in the case of all other individuals with a filing status of single, head of household or married filing separate, a personal exemption of $9,160; Note: Companion K.S.A. 79-32,119 (https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0119_section/079_032_0119_k/): 'the standard deduction amount... shall be as follows: Single individual filing status, $3,605; married filing status, $8,240; and head of household filing status, $6,180.' Combined MFJ shelter: $8,240 + $18,320 = $26,560. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0121_section/079_032_0121_k/ |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Exempt: KSA 79-32,117(c)(xii) provides a subtraction for Kansas state and local bond interest | sources (1)KSA 79-32,117(b)(ii) and (c)(xii) · high confidence · as of 2026-07-21 · TY 2025 KS exempts KS-issued bonds; out-of-state muni bond interest is a Kansas income addition per KSA 79-32,117(b)(ii) Interest income less any related expenses directly incurred in the purchase of state or political subdivision obligations, to the extent that the same is not included in federal adjusted gross income, on obligations of any state or political subdivision thereof. Note: KSA 79-32,117(b)(ii): the addition applies to out-of-state muni bonds. §(c)(xii) provides a subtraction for KS bonds. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0117_section/079_032_0117_k/ |
| muni-outstate | Out-of-state muni bond interest | Taxable: KSA 79-32,117(b)(ii) addition applies to interest on obligations of other states; KS bonds explicitly excepted | sources (1)KSA 79-32,117(b)(ii) and (c)(xii) · high confidence · as of 2026-07-21 · TY 2025 KS exempts KS-issued bonds; out-of-state muni bond interest is a Kansas income addition per KSA 79-32,117(b)(ii) Interest income less any related expenses directly incurred in the purchase of state or political subdivision obligations, to the extent that the same is not included in federal adjusted gross income, on obligations of any state or political subdivision thereof. Note: KSA 79-32,117(b)(ii): the addition applies to out-of-state muni bonds. §(c)(xii) provides a subtraction for KS bonds. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0117_section/079_032_0117_k/ |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity | sources (1)Kan. Stat. Ann. §79-32,117(a) · high confidence · as of 2026-06-19 · TY 2025 Kansas conforms to IRC §1400Z-2 QOZ gain deferral and exclusion The Kansas adjusted gross income of an individual means such individual's federal adjusted gross income for the taxable year, with the modifications specified in this section. Note: Kansas rolling IRC conformity (§79-32,117(a)) incorporates §1400Z-2 without modification. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0117_section/079_032_0117_k/ |
| qsbs-conformity | QSBS conformity (IRC §1202) | Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity; no addback | sources (1)Kan. Stat. Ann. §79-32,117(a) · high confidence · as of 2026-07-02 · TY 2025 Kansas conforms to IRC §1202 QSBS gain exclusion 79-32,117. Kansas adjusted gross income of an individual; addition and subtraction modifications. (a) The Kansas adjusted gross income of an individual means such individual's federal adjusted gross income for the taxable year, with the modifications specified in this section. Note: K.S.A. 79-32,117 starts from federal AGI and lists no §1202 addback among its modifications, so federally excluded QSBS gain never enters the Kansas base. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0117_section/079_032_0117_k/ |
| agency-obligations | GSE bond interest (FNMA/FHLMC) | Taxable: Kansas DOR Schedule S instructions explicitly name FNMA and FHLMC as taxable; filers 'may NOT' enter these on the federal interest deduction line | sources (1)Kansas Department of Revenue, Schedule S (Supplemental Schedule) Instructions · medium confidence · as of 2026-06-20 · TY 2025 Kansas Schedule S instructions explicitly name FNMA and FHLMC as taxable; both cannot be entered on the federal interest deduction line Interest from the following are taxable to Kansas and may NOT be entered on this line: Federal National Mortgage Association (FNMA), Government National Mortgage Association (GNMA), Federal Home Loan Mortgage Corporation (FHLMC). Note: Kansas DOR names FNMA and FHLMC by both full name and acronym, side by side, explicitly instructing filers they 'may NOT' enter these on the deductible federal interest line. FHLB is on the exempt side of the same schedule (federal mandate). https://www.ksrevenue.gov/webfile/help/scheduleS_A.html |
| dividend-qualified | Qualified dividend income | Ordinary rate: KSA 79-32,117 rolling IRC conformity but no Kansas modification creates a preferential rate for qualified dividends; IRC §1(h)(11) preference not adopted | sources (1)K.S.A. 79-32,110(a) · high confidence · as of 2026-07-02 · TY 2025 Kansas income tax rates are 5.2% (to $46,000 MFJ) and 5.58% (above $46,000 MFJ) A tax is hereby imposed upon the Kansas taxable income of every resident individual... (1) Married individuals filing joint returns... (B) For tax year 2024, and all tax years thereafter: If the taxable income is: The tax is: Not over $46,000 5.2% of Kansas taxable income Over $46,000 $2,392 plus 5.58% of excess over $46,000 Note: SB 1 (2024) collapsed three brackets to two, retroactive to TY2024; the schedule applies to TY2025 unchanged. Rate cuts below 5.2%/5.58% are possible under surplus-trigger provisions in Kansas law. Combined MFJ shelter: $8,240 standard deduction + $18,320 personal exemption = $26,560. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0110_section/079_032_0110_k/ |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from Kansas income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from Kansas income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| character | Long-term capital gains treatment | Ordinary rate: no preferential long-term rate; capital gains taxed as ordinary income up to 5.58% (K.S.A. §79-32,110) | sources (1)K.S.A. 79-32,110(a) · high confidence · as of 2026-07-02 · TY 2025 Kansas income tax rates are 5.2% (to $46,000 MFJ) and 5.58% (above $46,000 MFJ) A tax is hereby imposed upon the Kansas taxable income of every resident individual... (1) Married individuals filing joint returns... (B) For tax year 2024, and all tax years thereafter: If the taxable income is: The tax is: Not over $46,000 5.2% of Kansas taxable income Over $46,000 $2,392 plus 5.58% of excess over $46,000 Note: SB 1 (2024) collapsed three brackets to two, retroactive to TY2024; the schedule applies to TY2025 unchanged. Rate cuts below 5.2%/5.58% are possible under surplus-trigger provisions in Kansas law. Combined MFJ shelter: $8,240 standard deduction + $18,320 personal exemption = $26,560. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0110_section/079_032_0110_k/ |
| filing-status-doubled | MFJ brackets double Single brackets | Yes: K.S.A. 79-32,110 sets MFJ bracket threshold at $46,000 (exactly 2× the $23,000 Single threshold); same rates at each doubled boundary (marriage neutral) | sources (1)K.S.A. 79-32,110 · high confidence · as of 2026-07-02 · TY 2025 Kansas income tax: MFJ bracket threshold is exactly double Single threshold (marriage neutral) (1) Married individuals filing joint returns... (B) For tax year 2024, and all tax years thereafter: If the taxable income is: The tax is: Not over $46,000 5.2% of Kansas taxable income Over $46,000 $2,392 plus 5.58% of excess over $46,000 ... (2) All other individuals... (B)... Not over $23,000 5.2% of Kansas taxable income Over $23,000 $1,196 plus 5.58% of excess over $23,000 Note: K.S.A. 79-32,110(a): the MFJ threshold ($46,000) is exactly double the single threshold ($23,000), with the same 5.2%/5.58% rates, so the schedule is marriage neutral. https://kslegislature.gov/li/b2025_26/statute/079_000_0000_chapter/079_032_0000_article/079_032_0110_section/079_032_0110_k/ |
| migration-loss-conformity | Migration loss carryforward conformity | Recalculate (structural inference): Kansas apportions a new resident's capital gains and losses on an in-state-source basis, so an imported federal section 1212 carryforward is recomputed rather than adopted wholesale; no published guidance addresses the imported pre-residency carryforward. | sources (1)Kansas Department of Revenue, Personal Tax Types - Income Tax · medium confidence · as of 2026-07-03 · TY 2025 Kansas recomputes a migrating resident's capital-loss carryforward on an in-state basis (structural inference) NONRESIDENTS. If you are not a resident of Kansas but received income from Kansas sources, you must file a Kansas return regardless of the amount of income received from Kansas sources (see Kansas Source Income as provided in Schedule S Part B Instructions). Note: The 2025 Kansas individual income tax booklet taxes nonresidents only on Kansas-source income (Schedule S Part B) and prorates the tax by the nonresident percentage, so nonresident/part-year income is recomputed on an in-state-source basis and an imported pre-residency federal section 1212 carryforward is recalculated rather than imported in full. Quote verbatim from the live Kansas DOR booklet (fetched via curl). No published guidance addresses the imported carryforward directly, so that application remains a structural inference. https://www.ksrevenue.gov/pdf/ip25.pdf |