From: http://www.ksrevenue.org/faqs-taxii.html Kansas Dept of revenue says the following: "The filing status on your Kansas return must be the same as on your Federal return. There is one exception. If your filing status on your Federal return is Qualifying Widow or Widower with Dependent Child, your filing status on the Kansas return is Head of Household." ... and you must have a dependent to qualify for Head of Household filing status They say, "you must claim Head of Household or Qualifying Widow or Widower with a Dependent Child on your federal return."
Your best bet here IS to explain your thinking ... If you did not realize that it was a requirement I would most certainly say so. (You should make that the first statement in the explanation)
Regardless, of the why, they will most likely WANT you to amend for those years, so that the tax will come to the amount that you would have arrived at, had you done them as per Kansas' instructions
Sorry if I wasn't clear. I was talking about state income tax return in Kansas for CORPORATE, not individual.
Have you dealt with this same issue before? If not, I'd appreciate someone else to help me
I understand tax law at both the corporate and individual ... stated and federal level I HAVE NOT MEMORIZED Kansas tax code, but if you explain what you're saying here I'm sure I can tell you what the best avenue is ...... are you sayin that you and another individual who both own a portion of the corporation filed two separate corporate returns? ... Firt tell me how your company is structured .... (LLC, C-Corp, S-Corp, partnership or sole-proprietorship)
Let's start here:
We filed a Federal consolidated US return, with 5 tax legal entities, all C Corps, all doing the same kind of business. Only 1 of the LE has nexus in KS. I know we are wrong in filing separately in Kansas since Kansas codes and laws say as you said above
Now KS is asking us to amend the KS return, to file a combined return. And we dont despute that fact.
We have been filing separately since 2006. Can KS ask us to file amended returns for all open years under combined reporting? Is there a voluntary disclosure program in KS?
Let me check both Cd and statute of limitations for you ... give me just a minute
sorry for the typo ..."VD" Vol Disc ... and statute ....
We received a letter from KS, so I assume we can qualify for the VDC if there is such program in KS?
Yes KS has a Voluntary Disclosure Program ... See this: http://www.ksrevenue.org/voluntary.html
However, see this:
Each voluntary disclosure request is considered separately on its own facts. Before the Department will consider a request for a voluntary disclosure agreement, the following criteria must be met:
Given that you make the case that you were simply unaware (no intent) I thin you're still there
I am afraid we won't qualify then because we have now been contacted by the department?
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Again, I would make application get the work done and stress that you have no "mens rae" ... intetn that you were completely unaware,,, and that your assumptions were based on knowing that only the SIb has KS source income
OK Thanks for your help today!
Mens rae means .... knowledge, intent or purpose