Session of 1999
         
SENATE BILL No. 228
         
By Committee on Assessment and Taxation
          
2-3
          
  9             AN  ACT relating to income taxation; concerning the determination of
10             the credit for income tax paid to another state; amending K.S.A. 1998
11             Supp. 79-32,111 and repealing the existing section.
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13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 79-32,111 is hereby amended to read
15       as follows: 79-32,111. (a) The amount of income tax paid to another state
16       by a resident individual, resident estate or resident trust on income de-
17       rived from sources in another state shall be allowed as a credit against
18       the tax computed under the provisions of this act. Income tax paid to
19       another state shall be determined without regard to any credit allowed
20       by such state the basis for which is a charitable contribution which qual-
21       ifies for deduction from income pursuant to the federal internal revenue
22       code. Such credit shall not be greater in proportion to the tax computed
23       under this act than the adjusted gross income for such year derived in
24       another state while such taxpayer is a resident of this state is to the total
25       Kansas adjusted gross income of the taxpayer. As used in this subsection,
26       state shall have the meaning ascribed thereto by subsection (h) of K.S.A.
27       79-3271, and amendments thereto. The credit allowable hereunder for
28       income tax paid to a foreign country or political subdivision thereof shall
29       not exceed the difference of such income tax paid less the credit allowable
30       for such income tax paid by the federal internal revenue code. No rede-
31       termination of income tax paid for the purposes of determining the credit
32       allowed by this subsection shall be required for the taxable year for which
33       an income tax refund payment pursuant to the provisions of section 18
34       of article 10 of the Missouri constitution is made, but the income tax paid
35       allowable for credit in the next following taxable year shall be reduced by
36       the amount of such refund amount, except that, for tax year 1998, the
37       income tax paid allowable for credit shall be reduced by the amount of
38       such refunds made for all taxable years prior to tax year 1998.
39             (b) There shall be allowed as a credit against the tax computed under
40       the provisions of the Kansas income tax act, and acts amendatory thereof
41       and supplemental thereto, on the Kansas taxable income of an individual,
42       corporation or fiduciary the amount determined under the provisions of
43       K.S.A. 79-32,153 to 79-32,158, and amendments thereto.

SB 228

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  1             New Sec.  2. The provisions of this act shall be applicable to all tax-
  2       able years commencing after December 31, 1997. 
  3       Sec.  3. K.S.A. 1998 Supp. 79-32,111 is hereby repealed.
  4        Sec.  4. This act shall take effect and be in force from and after its
  5       publication in the statute book.