The Kansas K-19 form is a document used to report the income tax withheld from nonresident owners of partnerships, S corporations, LLCs, and LLPs. This form ensures compliance with Kansas tax regulations by detailing the taxable income and the corresponding tax withheld from nonresident owners. For those involved in such entities, it is essential to complete this form accurately to fulfill tax obligations.
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The Kansas K-19 form is an essential document for partnerships, S corporations, LLCs, and LLPs that need to report tax withheld from nonresident owners. Along with the K-19, several other forms and documents may be required to ensure compliance with Kansas tax laws. Understanding these forms can help streamline the process and ensure all necessary information is accurately reported.
Being familiar with these forms can facilitate a smoother tax reporting process for both entities and nonresident owners. Proper documentation and adherence to guidelines will help ensure compliance with Kansas tax laws and avoid potential issues down the line.
What is the Kansas K-19 form?
The Kansas K-19 form is used to report tax withheld from nonresident owners by partnerships, S corporations, LLCs, and LLPs. It details the nonresident owner's share of Kansas taxable income and the corresponding tax withheld. This form is essential for ensuring compliance with Kansas tax laws regarding nonresident income.
Who needs to file the K-19 form?
Any partnership, S corporation, LLC, or LLP that has nonresident owners must file the K-19 form if they have withheld Kansas income tax from those owners. This includes both individuals and organizations that receive income from the entity.
What information is required to complete the K-19 form?
To complete the K-19 form, you need to provide information in several sections:
What is the withholding tax rate for nonresident owners?
The current withholding tax rate for nonresident owners in Kansas is 4.9%. This rate applies to the Kansas taxable income of nonresident partners, shareholders, or members of the entity.
Can nonresident owners opt out of withholding?
Yes, nonresident owners can opt out of the required Kansas income tax withholding by filing an affidavit, known as Form KW-7A, with the pass-through entity. This option allows them to report their income differently and may exempt them from filing certain Kansas tax forms.
How should the K-19 form be distributed?
The K-19 form should be prepared in three copies for each nonresident owner. Distribute them as follows:
Where can I get help with the K-19 form?
If you have questions about the K-19 form or withholding tax, you can contact the Kansas Department of Revenue's Taxpayer Assistance Center. They are located at 915 SW Harrison, 1st Floor, Topeka, KS 66612-1588. You can also reach them by phone at (785) 368-8222 or visit their website at ksrevenue.org.
This form is applicable to various entities, including partnerships, S corporations, LLCs, and LLPs, not just individuals.
Nonresident owners are subject to Kansas income tax withholding on their share of Kansas taxable income, regardless of distribution.
Only publicly traded partnerships are exempt. Most partnerships must withhold taxes for their nonresident owners.
It is necessary to complete the KW-7S and KW-7 forms to remit the tax withheld alongside the K-19 form.
The K-19 form must be submitted in a timely manner to ensure compliance with Kansas tax regulations.
Nonresident owners can opt out by filing an affidavit, Form KW-7A, under certain conditions.
The Kansas withholding tax rate for nonresident owners is currently set at 4.9%, which applies uniformly but may vary based on specific circumstances.
The pass-through entity must complete the K-19 form, including all relevant parts, before distributing it.
Even if the income is reported on federal forms, Kansas withholding may still apply for nonresident owners.
Refund eligibility depends on individual circumstances, including total income and tax withheld, and is not guaranteed.
The Kansas K-19 form is similar to the IRS Form 1065, which is used by partnerships to report income, deductions, gains, losses, and other tax-related information. Both forms require detailed information about the partnership, including the names and identification numbers of the partners. While the K-19 focuses on the withholding tax obligations for nonresident owners, Form 1065 provides a broader overview of the partnership's financial activities. The K-19 specifically addresses the tax withheld from nonresident partners, whereas Form 1065 does not address withholding but instead reports the overall income and tax liabilities of the partnership.
Another document comparable to the K-19 is the IRS Form 1120S, which is filed by S Corporations. Like the K-19, Form 1120S requires information about the entity, including its Employer Identification Number (EIN) and details about its shareholders. Both forms facilitate the reporting of income, deductions, and tax liabilities. However, the K-19 specifically addresses withholding requirements for nonresident shareholders, while Form 1120S focuses on the overall tax obligations of the S Corporation itself. The K-19 serves a more targeted purpose in ensuring compliance with state withholding tax laws.
The K-19 form shares similarities with the IRS Form 1065-B, which is used by electing large partnerships. This form requires information about the partnership's income and the distribution of that income among partners. Both forms aim to provide transparency in the reporting of income and tax obligations. However, the K-19 emphasizes the withholding tax obligations for nonresident partners, which is not a focus of Form 1065-B. The K-19 thus serves a specific purpose in the context of Kansas state tax law, while the 1065-B addresses federal tax reporting for larger partnerships.
Another related document is the Kansas Form KW-7, the Nonresident Owner Withholding Return. This form is essential for reporting the actual amounts withheld from nonresident owners' shares of income. Like the K-19, the KW-7 is concerned with withholding tax, but it serves as a return rather than a report. The K-19 provides information on the ownership and income distribution, while the KW-7 is used to remit the withheld tax to the state. Together, these forms ensure that nonresident owners fulfill their tax obligations effectively.
The Kansas Schedule of Nonresident Owner Withholding (KW-7S) is also similar to the K-19 form. This schedule is used to report the amounts withheld from each nonresident owner's share of income. While the K-19 provides a comprehensive overview of the entity's nonresident owners and their respective shares of taxable income, the KW-7S focuses specifically on the withholding amounts. Both documents are necessary for compliance with Kansas tax law, but they serve different functions in the reporting process.
The IRS Form 1040NR, the U.S. Nonresident Alien Income Tax Return, can be compared to the K-19 in that both deal with nonresident tax obligations. The K-19 is concerned with the withholding of taxes at the entity level for nonresident owners, while Form 1040NR is filed by nonresident individuals to report their income and calculate their tax liability. Both forms aim to ensure that nonresident individuals comply with tax laws, but they operate at different levels of the tax system—one at the entity level and the other at the individual level.
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Lastly, the IRS Form 8865, which is used for reporting foreign partnerships, is somewhat analogous to the K-19. Both forms require detailed information about ownership interests and income distributions. However, the K-19 is specifically designed for nonresident owners within Kansas, focusing on state tax withholding requirements. In contrast, Form 8865 addresses the complexities of international tax compliance for U.S. persons involved with foreign partnerships. Thus, while both forms share a common theme of ownership reporting, they cater to different legal contexts and requirements.
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K-19
REPORT OF NONRESIDENT OWNER TAX WITHHELD
2014
(Rev. 11/13)
Tax year ending date of Partnership, S Corporation, LLC or LLP __________________________________ .
PART A – ENTITY INFORMATION
Name of Partnership, S Corporation, LLC or LLP
Employer Identification Number (EIN)
Street Address
Type of Ownership:
Partnership
S Corporation
LLC LLP
City
State
Zip Code
Other (specify) ________________________________
PART B – NONRESIDENT OWNER INFORMATION
Name
Social Security Number or EIN of Owner
Type of Taxpayer:
Individual
Partnership
S Corporation
LLC
LLP
Trust
Other (specify) ______________________________
PART C – NONRESIDENT OWNER’S KANSAS TAXABLE INCOME AND WITHHOLDING (See instructions)
(1) Percent of Ownership in Part A Entity
(2) Nonresident Owner’s Share of Kansas Taxable Income
(3) Total Kansas Tax Withheld
PART D – OWNER’S SHARE OF KANSAS TAXABLE INCOME AND WITHHOLDING (Completed by certain Part B OWNERS only)
If the business structure of the taxpayer shown in Part B is other than an individual or a C corporation, the Part B entity will complete Part D to report each owner’s share of the income and withholding reported in Part C to each of its partners, shareholders, or members. If the partner listed in Part D is itself a pass-through entity, the Part D entity must enclose a separate schedule showing the information below for each partner, shareholder or member of the Part D entity.
Partner/Shareholder/Member Name
SSN or EIN
% of Ownership in Part B Entity
Share of Kansas Taxable Income
Share of Kansas Tax Withheld
GENERAL INSTRUCTIONS
Partnerships, S corporations, LLCs and LLPs must withhold Kansas income tax from the Kansas taxable income (whether distributed or undistributed) of their nonresident partners, shareholders or members (owners/distributees) for any portion of income that is not on federal Schedules C, E, or F and reported on lines* 12, 17, or 18 of Form 1040 when properly completed. Publicly traded partnerships (traded on an established securities market or are readily tradable on a secondary market) are not required to withhold. Nonresident owners may either be persons or organizations. The Kansas withholding tax rate for nonresident owners is currently 4.8%. If you have nonresident owners, you must also complete a Schedule of Nonresident Owner Withholding (KW-7S) and a Nonresident Owner Withholding Return (KW-7) to remit the tax withheld.
*Federal line numbers are subject to change
NONRESIDENT OWNER OPTIONS: Nonresident owners may “opt out” of the required Kansas income tax withholding on their share of the Kansas taxable income by filing an affidavit, Form KW-7A, with the pass-through entity, and reported on the entity’s Form KW-7S. Certain nonresident owners may be eligible and elect to use the Kansas tax withheld reported on Form KW-7S in lieu of filing Kansas Form K-40 or Form K-40C. Refer to the instructions for Forms KW-7/KW-7S for details on these two options.
The Kansas Withholding Tax publication (KW-100) contains more information about nonresident owner withholding. The KW-100 and other Kansas forms are available on our web site.
HOW TO COMPLETE FORM K-19
The pass-through entity will complete Parts A, B and C. If the nonresident owner in Part B is itself a pass-through entity, the Part B entity will use Part D to report the ownership percentage and share of the amounts shown in Part C for each of its partners, shareholders or members. Prepare three copies of Form K-19 for each nonresident owner for whom Kansas tax was withheld and paid with Forms KW-7 and KW-7S and distribute as follows:
•to your nonresident owners to enclose with their Kansas income tax return
•to your nonresident distributees for their records
•to be retained by pass-through entity for its records
Those Part B entities who are completing Part D will in turn prepare three copies of Form K-19 to be distributed as follows:
•to each of your owners to enclose with their Kansas income tax return
•to each of your owners for their records
•to be retained by the partnership, S corporation, LLC or LLP for its records
TAXPAYER ASSISTANCE
If you have questions about withholding tax or completing this form, please contact the Kansas Department of Revenue:
Taxpayer Assistance Center
915 SW Harrison, 1st Floor
Topeka, KS 66612-1588
Phone: (785) 368-8222
Fax: (785) 291-3614
Web site: ksrevenue.org