The Kansas LD 400 form serves as a Liquor Drink Tax Surety Bond required for establishments selling alcoholic beverages in Kansas. This document ensures compliance with the state's Liquor Drink Tax Act by binding the principal and surety to certain obligations. Completing this form accurately is essential for maintaining the legality of operations within the state's regulatory framework.
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The Kansas LD 400 form is essential for establishments seeking to operate under the Kansas Liquor Drink Tax Act. However, several other documents and forms are often required to ensure compliance and facilitate the licensing process. Below is a list of commonly used documents that accompany the LD 400 form.
Understanding these documents is crucial for a smooth application process. Ensure that each form is filled out accurately and submitted on time to avoid delays in obtaining the necessary licenses and permits. Compliance with all requirements will facilitate your establishment's successful operation within the Kansas liquor industry.
The Kansas LD 400 form, also known as the Liquor Drink Tax Surety Bond, is a legal document required for establishments selling alcoholic beverages in Kansas. It ensures that the principal, which can be an individual, partnership, LLC, or corporation, complies with the Kansas Liquor Drink Tax Laws. The bond guarantees payment of the liquor drink tax and any penalties that may arise under state law.
Any entity planning to operate a licensed establishment that sells alcoholic liquor in Kansas must complete the LD 400 form. This includes drinking establishments, Class A and Class B clubs, caterers, public venues, hotels, and other on-premise licensees. The form must be filled out accurately to ensure compliance with state regulations.
The LD 400 form includes several important sections. First, the legal name of the entity applying for the liquor license must be provided. The form also requires the exact location address of the establishment, which cannot be a P.O. Box. Additionally, the bond number, effective date, and signatures from both the principal and the surety company are essential. Each section must be completed correctly to avoid invalidation of the bond.
If the LD 400 form is not filled out properly, the bond will be considered invalid. In such cases, it will be voided and kept in the customer’s file. This means that the establishment may not be able to operate legally until a valid bond is submitted. Therefore, it is crucial to follow the instructions carefully and ensure all required fields are completed.
The completed LD 400 form should be submitted to the Kansas Department of Revenue at the following address: Miscellaneous Tax, Kansas Department of Revenue, 915 SW Harrison St., Topeka, KS 66612-1588. For any questions regarding the form, individuals can contact the Division of Taxation, Miscellaneous Tax Segment, at (785) 368-8222, option 5, then option 4.
Understanding the Kansas LD 400 form is essential for those involved in the liquor industry. However, several misconceptions often arise regarding this important document. Here is a list of ten common misunderstandings:
Addressing these misconceptions is crucial for compliance and ensuring that businesses operate smoothly within the legal framework. Proper understanding of the Kansas LD 400 form can prevent unnecessary complications and potential penalties.
The Kansas Liquor Drink Tax Surety Bond (LD-400) shares similarities with the Surety Bond for Contractors. Both documents serve to guarantee compliance with specific regulations and laws. In the case of the contractor's bond, it ensures that the contractor will adhere to local building codes and complete projects as per contract terms. Just as the LD-400 binds the principal to the Kansas Liquor Drink Tax Laws, the contractor's bond holds the contractor accountable for their work, protecting the public and ensuring that obligations are met. Both bonds require a surety company to back the principal, providing a financial safety net in the event of non-compliance.
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Another document akin to the Kansas LD-400 is the Performance Bond. This bond is typically utilized in construction projects to assure that the contractor will fulfill their contractual obligations. Like the LD-400, the Performance Bond involves a principal and a surety, ensuring that the project will be completed according to the agreed-upon terms. If the contractor fails to meet these terms, the surety company is responsible for compensating the project owner. The underlying principle of both bonds is to provide a layer of security and assurance that obligations will be fulfilled, thereby protecting the interests of the respective parties involved.
The Kansas LD-400 also resembles the License Bond required for various business operations. This type of bond is often mandated by state or local governments to ensure that businesses comply with applicable laws and regulations. Similar to the LD-400, a license bond serves as a financial guarantee that the business will operate within the legal framework established by regulatory authorities. Both documents require the involvement of a surety company, which provides the necessary backing to ensure compliance. This shared characteristic underscores the importance of financial accountability in maintaining lawful business operations.
Finally, the Commercial Bond can be compared to the Kansas LD-400 form. Commercial bonds are used in various industries to protect consumers and ensure that businesses adhere to regulations. Much like the LD-400, which secures compliance with liquor tax laws, a commercial bond guarantees that a business will conduct its operations ethically and legally. Both types of bonds involve a principal, a surety, and an obligation to fulfill specific legal requirements, thus safeguarding the interests of the public and the state. The similarities highlight the critical role of bonds in fostering trust and accountability in business practices.
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KANSAS DEPARTMENT OF REVENUE
CUSTOMER RELATIONS – MISCELLANEOUS SEGMENT
915 SW HARRISON ST.
TOPEKA, KANSAS 66612-1588
www.ksrevenue.org
Phone: (785) 368-8222
Fax: (785) 291-3968
Bond No.: _________________
Liquor Drink
Reg. No.
LIQUOR DRINK TAX SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That we
,
(Underline one entity type– Individual Proprietorship, Partnership, LLC or Corporation)
with main office location at
(Street Address)
(City)
(State)
(Zip)
as Principal, and the
, a corporation authorized to transact business in Kansas, as
(Surety)
surety, are held and firmly bound unto the STATE OF KANSAS in the sum of
dollars
($
), lawful money of the United States, to the payment of which, well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, assigns, and successors firmly by these presents.
WHEREAS, the above-named principal has made application to the Director of Taxation for a Liquor Drink Tax Certificate of Registration to
operate a licensed establishment selling alcoholic liquor at
(Street)
, Kansas, and is subject to the Kansas Liquor Drink Tax Act:
NOW, THEREFORE, the condition of this obligation is such that if the above-named principal shall well and faithfully comply with all of the provisions of the Kansas Liquor Drink Tax Laws, Rules and Regulations relating to the payments of liquor drink tax and penalty due under the laws of this State of Kansas, then this obligation shall be void and of no effect; otherwise it shall be and remain in full force and effect. Such principal hereby authorizes employees of the Kansas Department of Revenue to disclose to the surety herein a statement of account relating to the tax guaranteed by this bond.
This obligation shall be a continuing obligation and shall remain in full force and effect until canceled by the principal and surety after having given thirty (30) days written notice to the obligee at the address above.
This bond is effective on and after the _______________ day of ______________________________________, ____________.
(Year)
Witness our hands at ______________________________, Kansas, this _________________ day of ____________________________, ___________
___________________________________________________________
(Principal)
By ________________________________________________________
(Indicate Position: r President, r Vice-President, r Partner, r Owner)
(Print Name of Signature Above)
SEAL
(Surety Address)
(Surety Company Phone Number)
(Surety Signature)
LD-400
Its ________________________________________________________
(Rev. 6/13)
(Bond shall be accompanied by power of attorney for attorney-in-fact. A
Kansas licensed agent of the surety must countersign.)
LD-400 Liquor Drink Tax Surety Bond
(For Drinking Establishments, Class A Clubs, Class B Clubs, Caterers, Public Venues, Hotels, or other On-Premise Licensees)
PLEASE READ BEFORE COMPLETING THIS BOND FORM!
Bond Instructions:
You must complete the most current version of Form LD-400, Liquor Drink Surety Bond. The most current form can be found on our web site: www.ksrevenue.org
All fields on this form must be completed, except for the Liquor Drink Reg. No. field.
This bond must contain a bond number.
Line 1 of the bond must contain the legal name of the entity applying for or holding a Kansas liquor license and must match exactly the entity name listed on the liquor tax application.
The location address on this bond must match exactly the location address on the liquor application. This cannot be a PO Box.
The effective date is the date liquor drink tax coverage under this surety bond begins.
Signature lines:
O“Principal” is the entity being covered under this surety bond.
OAn owner or officer must sign this bond and mark the box indicating their position.
OThe owner/officer must print their name below the signature line.
O“Surety” is the name of the surety company providing the bond coverage.
OA complete mailing address of the surety company must be provided, along with a telephone number.
OA signature of an authorized attorney-in-fact is required. The bond must be accompanied by a power of attorney for the attorney-in-fact. A Kansas licensed agent of the surety must countersign.
OThe bond and power-of-attorney form must contain a seal.
Failure to complete the LD-400 properly will result in an invalid bond. The bond will be voided and kept in the customers file.
Original bonds cannot be returned.
Questions regarding this form should be directed to the Division of Taxation, Miscellaneous Tax Segment, at (785) 368-8222, option 5, then option 4.
Submit this form to:
Miscellaneous Tax
Kansas Department of Revenue
915 SW Harrison St.
Topeka, KS 66612-1588