HB 2538 - Business Tax Law Amendments - Kansas Key Vote

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Title: Business Tax Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that establishes tax benefits to encourage job creation and location of business facilities and other operations in Kansas.

Highlights:

-Requires a company to do the following to qualify for tax benefits (Sec. 3):

    -Establish a new business unit in the state of Kansas and locate the job positions associated with the new business unit in Kansas; or -Maintain the employees of an existing business unit located in Kansas subsequent to the qualified company's acquisition of such business unit; or -Contract with an unrelated third party to perform services whereby the third party serves as the legal employer of the new employees providing services to the qualified company, services which must be performed in Kansas and in a context in which both the third party and the new employees are subject to Kansas state taxes.
-Authorizes a qualified company that locates its business in a metropolitan county and will hire at least 10 new employees within 2 years from the date the company enters into an agreement with the secretary, or a qualified company that locates in a non-metropolitan area and will hire at least 5 new employees within 2 years from the date of agreement with the secretary, to retain 95 percent of the company's Kansas payroll withholding taxes for those new employees for the following periods (Sec. 3):
    -5 years if the median wage paid to the new employees is equal to at least 100 percent of the county median wage or 100 percent of the NAICS code industry average wage; -6 years if the median wage paid to the new employees is equal to at least 110 percent of the county median wage; or -7 years if the median wage paid to the new employees is equal to at least 120 percent of the county median wage.
-Authorizes a qualified company that engages in a high-impact project which will hire at least 100 new employees within 2 years to be eligible to retain 95 percent of the company's Kansas payroll withholding taxes for those new employees for the following periods (Sec. 3):
    -7 years if the median wage paid to the new employees is equal to at least 100 percent of the county median wage; -8 years if the median wage paid to the new employees is equal to at least 110 percent of the county median wage; -9 years if the median wage paid to the new employees is equal to at least 120 percent of the county median wage; or -10 years if the median wage paid to the new employees is equal to at least 140 percent of the county median wage.
-Authorizes a qualified company that maintains the employees of an existing or expanding business unit in Kansas for 2 years to retain 95 percent of the company's Kansas payroll withholding taxes for those employees for up to 5 years (Sec. 3). -Authorizes a company receiving the above tax benefits to also participate in the IMPACT Program (Sec. 4). -Prohibits a company receiving the above tax benefits from participating in any other program in which any portion of a qualified company's Kansas payroll withholding taxes have been pledged to finance debt or transferred to or for the benefit of the company (Sec. 4). -Requires the legislative post auditor to conduct an audit focusing on the effectiveness of the act in fostering economic growth, creating new jobs and promoting the location of business facilities, other operations and jobs in Kansas (Sec. 5).

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Committee Sponsors

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