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Understanding the intricacies of tax obligations can be daunting, especially when dealing with the specifics of nonresident owner tax withholding in Kansas. The K-19 Report of Nonresident Owner Tax Withheld plays a critical role in this process. Designed for use by partnerships, S corporations, LLCs, and LLPs, this form ensures that Kansas income tax is properly withheld from the Kansas taxable income attributed to their nonresident partners, shareholders, or members. It encompasses detailed sections for entity information, nonresident owner details, the owner’s share of Kansas taxable income and the tax withheld. Furthermore, it addresses the distribution of this information through a meticulous reporting structure should the nonresident owner be another pass-through entity. Entities are obliged to withhold income tax at a standard rate of 4.9%, despite the option available for nonresident owners to opt out under specific conditions, by filing an affidavit. Additionally, the form meticulously outlines the eligibility for certain nonresident owners to utilize the Kansas tax withheld in lieu of filing separate Kansas income tax returns. This form not only facilitates compliance with state tax laws but also streamlines the process for both entities and their nonresident owners, ensuring the correct allocation and reporting of withheld taxes

Example - Kansas K 19 Form

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

 

 

 

 

 

 

 

Street Address

 

 

Type of Taxpayer:

 

 

 

 

 

‰Individual

‰ Partnership

‰ S Corporation

 

 

 

‰ LLC

‰ LLP

‰ Trust

City

State

Zip Code

 

 

 

‰ 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

File Data

Fact Detail
Form Name K-19 REPORT OF NONRESIDENT OWNER TAX WITHHELD
Revision Date November 2013
Applicability Pass-through entities like Partnerships, S Corporations, LLCs, or LLPs
Purpose To report Kansas income tax withheld from nonresident owners' shares
Governing Law Kansas State Tax Laws
Withholding Tax Rate Currently 4.9%
Exemptions Publicly traded partnerships are not required to withhold
Options for Nonresident Owners May opt out of withholding or elect to use withheld amount differently
Affiliated Forms KW-7, KW-7S, and potentially KW-7A for opt-out affidavit
Filing Requirement Three copies per nonresident owner: one for filing, one for their records, one for the entity's records
Taxpayer Assistance Kansas Department of Revenue offers assistance via phone, fax, and online

Kansas K 19 - Usage Guide

Filling out the Kansas K-19 form is a crucial step for partnerships, S corporations, LLCs, and LLPs that have nonresident owners and are subject to income tax withholding requirements in Kansas. This procedure ensures compliance with state tax obligations by accurately reporting the income and withholding tax for nonresident owners. The process might appear daunting at first, but breaking it down into straightforward steps will simplify filling out the form accurately and efficiently. It is essential for the entity to complete this form meticulously to avoid potential errors that could lead to penalties or delays.

  1. Start with PART A – ENTITY INFORMATION. Here, you should include the full legal name of the Partnership, S Corporation, LLC, or LLP as recognized by the state. Also, provide the Employer Identification Hallmark (EIN) right next to it.
  2. Enter the Street Address, City, State, and Zip Code of the entity’s principal place of business.
  3. Select the Type of Ownership by checking the corresponding box that best describes your business structure (Partnership, S Corporation, LLC, LLP, or Other). If "Other" is selected, specify the type in the provided space.
  4. Move to PART B – NONRESIDENT OWNER INFORMATION. Fill in the Name and either the Social Security Number (SSN) or EIN of the nonresident owner whose income and withholding tax you are reporting. This part is critical for identifying the individual or entity for tax purposes.
  5. Provide the Street Address, City, State, and Zip Code for the nonresident owner.
  6. Mark the Type of Taxpayer by checking the appropriate box that categorizes the nonresident owner (Individual, Partnership, S Corporation, LLC, LLP, Trust, or Other). If "Other" is chosen, clearly specify the type.
  7. In PART C – NONRESIDENT OWNER’S KANSAS TAXABLE INCOME AND WITHHOLDING, enter the Percent of Ownership the nonresident owner has in the entity, the Nonresident Owner’s Share of Kansas Taxable Income, and the Total Kansas Tax Withheld on their behalf.
  8. If applicable, complete PART D – OWNER’S SHARE OF KANSAS TAXABLE INCOME AND WITHHOLDING only if the nonresident owner listed in Part B is not an individual or a C corporation. This part is meant to detail each owner, partner, shareholder, or member's share of income and withholding tax.
  9. If the owner listed in Part D is a pass-through entity, attach a separate schedule providing the same details (Name, SSN or EIN, Percent of Ownership in Part B Entity, Share of Kansas Taxable Income, Share of Kansas Tax Withheld) for each partner, shareholder, or member of the Part D entity.
  10. Once the form is fully completed, make three copies. Distribute them as follows: one copy to the nonresident owner to include with their Kansas income tax return, one for the nonresident owner's records, and one to be retained by the pass-through entity for its records.

After completing the form and making the necessary copies, the next steps involve compliance with Kansas tax withholding and reporting requirements. It’s important to remember that entities must also complete the Schedule of Nonresident Owner Withholding (KW-7S) and the Nonresident Owner Withholding Return (KW-7) to remit the tax withheld. These steps ensure that both the entity and the nonresident owners meet their tax obligations under Kansas law. Always refer to the latest instructions and guidelines provided by the Kansas Department of Revenue to stay compliant and avoid any potential mistakes in the process.

Get Clarifications on Kansas K 19

What is the Kansas K-19 form?

The Kansas K-19 form, commonly known as the "Report of Nonresident Owner Tax Withheld," is a document used by partnerships, S corporations, LLCs, and LLPs to report income tax withheld for nonresident owners. This form details the nonresident owner's share of Kansas taxable income and the corresponding tax withheld.

Who needs to file the Kansas K-19 form?

Partnerships, S corporations, LLCs, and LLPs that have nonresident partners, shareholders, or members (owners/distributees) must file the K-19 form. This requirement applies if the owners' share of income is not reported on federal Schedules C, E, or F.

What information is required on the K-19 form?

The form requires entity information (Part A), nonresident owner information (Part B), the nonresident owner’s share of Kansas taxable income and withholding (Part C), and if applicable, each owner’s share of income and withholding if the owner in Part B is a pass-through entity (Part D).

How does a nonresident owner "opt-out" of Kansas income tax withholding?

Nonresident owners may opt out of Kansas income tax withholding by filing an affidavit, Form KW-7A, with the pass-through entity. This affidavit should then be reported on the entity’s Form KW-7S.

Are there any exemptions to the withholding requirement?

Yes, publicly traded partnerships that are traded on an established securities market or are readily tradable on a secondary market are not required to withhold Kansas income tax for their nonresident owners.

What should be done with the completed K-19 forms?

Three copies of the completed K-19 form should be prepared for each nonresident owner: one to be enclosed with their Kansas income tax return, one for the nonresident owner's records, and one to be retained by the pass-through entity. If Part D is completed, similarly distribute the forms among the respective owners and entities involved.

How does the withholding tax rate currently stand for nonresident owners in Kansas?

The current Kansas withholding tax rate for nonresident owners is 4.9%.

Where can more information about nonresident owner withholding be found?

More detailed information about nonresident owner withholding can be found in the Kansas Withholding Tax publication (KW-100) and other forms, which are available on the Kansas Department of Revenue website.

Common mistakes

When filling out the Kansas K-19 form, Report of Nonresident Owner Tax Withheld, people often make errors that can delay processing or result in incorrect withholding amounts. Attention to detail is crucial to avoid these common mistakes:

  1. Incorrect Tax Year: Failing to specify the correct tax year at the beginning of the form can cause confusion and delays in processing.
  2. Incomplete Entity Information: Not fully completing Part A, which requires the name, Employer Identification Number (EIN), address, and the type of ownership, can lead to processing delays.
  3. Not Specifying Ownership Type: Forgetting to check the appropriate box indicating the type of ownership in Part A, such as Partnership, S Corporation, LLC, or LLP, can result in inaccuracies in how the information is processed.
  4. Owner Information Errors: Providing incorrect or incomplete nonresident owner information in Part B, including the owner's name, Social Security Number (SSN) or EIN, and address, can lead to the misapplication of withheld taxes.
  5. Ownership Percentage and Income Misreporting: Misstating the percent of ownership or nonresident owner's share of Kansas taxable income in Part C can result in the incorrect calculation of the withholding tax.
  6. Omitting Supporting Schedules: Not enclosing a separate schedule for partners, shareholders, or members of the Part D entity who are themselves pass-through entities can leave out crucial information needed for accurate reporting.
  7. Misunderstanding Nonresident Owner Options: Overlooking the option for nonresident owners to opt out of withholding or to use the Kansas tax withheld in lieu of filing a separate Kansas income tax return can deprive owners of beneficial options.
  8. Failure to Distribute Required Copies: Neglecting to prepare and distribute three copies of the K-19 form as directed, to nonresident owners for their tax return, for their records, and for the pass-through entity's records, can lead to record-keeping discrepancies.

To ensure accuracy and compliance, it is important for individuals completing the Kansas K-19 form to read all instructions carefully, verify all provided information, and confirm that all required attachments and copies are accurately prepared and properly distributed.

Documents used along the form

When dealing with Kansas tax matters, particularly for nonresident owners, you're likely to encounter more than just the K-19 form. Each form serves its unique purpose in the framework of tax documentation and compliance. Familiarity with these forms ensures a more comprehensive approach to handling tax responsibilities.

  • Form KW-7S: This is the Schedule of Nonresident Owner Withholding. It accompanies the K-19 and provides detailed listings of tax withheld for each nonresident owner, crucial for accurate reporting.
  • Form KW-7: Known as the Nonresident Owner Withholding Tax Return, it's used to remit the withheld tax to the state. This form finalizes the tax withholding process initiated with the K-19 form.
  • Form KW-7A: This affidavit allows nonresidents to opt out of the withholding requirement. It must be filed by the nonresident owner with the pass-through entity.
  • Form K-40: This is the Individual Income Tax Return for Kansas residents, but certain nonresident owners might use it to report their share of Kansas-sourced income, depending on their filing options.
  • Form K-40C: Serves nonresident taxpayers filing a claim for refund of Kansas taxes withheld. It is especially relevant if the nonresident owner opted out of withholding and needs to reconcile taxes paid.
  • Form W-9: Request for Taxpayer Identification Number and Certification. Although it's a federal form, it's often necessary for providing the EIN or SSN required on the K-19 form.
  • Partnership, S Corporation, LLC or LLP Annual Reports: While not a tax form, these entity-specific reports often contain financial information needed to accurately complete the K-18 and associated documents.
  • Kansas Modification Schedule: This document is used to make certain adjustments to income, specifically state-related adjustments that might affect the taxable income reported on other forms.
  • Power of Attorney (POA) Form: While not exclusive to tax matters, a POA form authorizes someone else to handle Kansas tax filing and discussions with the Department of Revenue on behalf of the taxpayer.

Combining thorough documentation with an understanding of each form’s role simplifies the complexity of tax compliance, ensuring that all legal obligations are met efficiently. Ensuring that you have all the necessary forms ready goes a long way in streamlining the filing process, making tax season smoother for both the entity and its nonresident owners.

Similar forms

The Kansas K-19 form, known as the "Report of Nonresident Owner Tax Withheld," is similar to several other tax forms used across the United States for reporting and withholding tax purposes. This document is specifically tailored for partnerships, S corporations, LLCs, or LLPs that need to report income and tax withholdings for their nonresident owners. Similar forms in other contexts include the IRS Form 1042 and the Form 8805. Each of these forms serves a unique purpose but shares common elements in reporting nonresident income and withholding tax.

First among the comparable documents is the IRS Form 1042, "Annual Withholding Tax Return for U.S. Source Income of Foreign Persons." Like the Kansas K-19, Form 1042 is used to report tax withheld on certain income associated with nonresident entities. However, Form 1042 focuses on income considered to be from U.S. sources paid to foreign persons or entities, capturing a broader range of nonresident withholding beyond the state level. Despite their different scopes – one being federal and the other state-specific – both forms ensure compliance with tax obligations for nonresident income earners.

Similarly, the Form 8805, "Foreign Partner's Information Statement of Section 1446 Withholding Tax," parallels the Kansas K-19 in its requirement for partnerships to report and withhold income tax on earnings distributed to foreign partners. Form 8805 is specifically used to report withholdings under Section 1446 of the Internal Revenue Code, which involves partnerships generating income effectively connected with a U.S. trade or business and distributing this income to foreign partners. Like the K-19, it mandates the reporting entity to disclose the partner’s share of income and the corresponding amount of tax withheld. Both forms serve to inform the nonresident entities of their income and tax liabilities within the United States, ensuring proper compliance with tax laws.

Dos and Don'ts

When filling out the Kansas K-19 form, it's important to follow best practices to ensure the accuracy and compliance of the submission. Below are key dos and don’ts to consider:

Do:

  • Verify the accuracy of all the information before submission, including the Employer Identification Number (EIN) and Social Security Numbers (SSN).
  • Complete all required sections pertinent to your entity type whether it's a Partnership, S Corporation, LLC, or LLP to reflect accurate ownership and taxable income details.
  • Use the most current form and instructions available on the Kansas Department of Revenue website to account for any tax changes or updates.
  • Prepare three copies of Form K-19 as directed: one for the nonresident owner to include with their Kansas income tax return, one for the nonresident owner’s records, and one for the pass-through entity's records.

Don't:

  • Overlook the option for nonresident owners to opt out of Kansas income tax withholding by failing to file Form KW-7A, if applicable.
  • Ignore the specific instructions for completing Parts C and D, especially regarding the reporting of Kansas taxable income and withholding for pass-through entities and their nonresident owners.
  • Forget to distribute the correct copies of the completed K-19 form to all relevant parties, including the nonresident owners and the pass-through entity itself for record-keeping.
  • Dismiss the importance of consulting the KW-100 Kansas Withholding Tax publication or contacting the Kansas Department of Revenue for assistance with any questions or uncertainties regarding withholding tax or form completion.

Misconceptions

There are common misconceptions about the Kansas K-19 form, which is officially known as the REPORT OF NONRESIDENT OWNER TAX WITHHELD. Understanding the purpose and requirements of this form is crucial for entities and nonresident owners alike.

  • Misconception 1: The K-19 form applies to all businesses in Kansas. In reality, the K-19 form is specifically designed for pass-through entities, such as partnerships, S corporations, LLCs, and LLPs, that have nonresident owners. It is not required for C corporations or businesses without nonresident owners.

  • Misconception 2: All nonresident owners must have Kansas tax withheld. While Kansas law requires the withholding of income tax on the share of Kansas taxable income attributable to nonresident owners, there are exceptions. Nonresident owners can opt out of withholding by filing an affidavit (Form KW-7A) with the pass-through entity. Additionally, certain nonresident owners may not be subject to withholding based on specific criteria outlined by Kansas regulations.

  • Misconception 3: The K-19 form serves as the tax return for nonresident owners. This is incorrect. The K-19 form is a report of tax withheld by the pass-through entity and is used by nonresident owners to support the Kansas tax withheld when they file their own Kansas income tax returns. Nonresident owners must still file their individual Kansas income tax return, such as Form K-40 or K-40C, to report their share of income from Kansas sources.

  • Misconception 4: Withholding at the entity level eliminates the need for nonresident owners to file Kansas tax returns. The withholding is a prepayment of the tax due on income earned in Kansas. Nonresident owners must file a Kansas tax return to reconcile the total tax liability with the amount withheld and paid on their behalf by the pass-through entity. This could result in a refund or additional tax due.

It's important for entities and nonresident owners to understand these aspects of the K-19 form to ensure compliance with Kansas tax law and avoid potential issues. For specific guidance or assistance, contacting the Kansas Department of Revenue or a tax professional is recommended.

Key takeaways

Filling out and using the Kansas K-19 form, formally known as the Report of Nonresident Owner Tax Withheld, comes with key considerations for partnerships, S corporations, LLCs, and LLPs. Below are crucial takeaways to ensure compliance and proper tax handling for nonresident owners:

  • Part Identification and Completion: The K-19 form is structured into four parts, with each section serving a specific purpose. It starts with the entity information in Part A, moves to nonresident owner information in Part B, details the owner's Kansas taxable income and withholding in Part C, and concludes with the sharing of income and withholding among owners in Part D, if necessary. Understanding which parts of the form your entity needs to complete is the first step towards proper filing.
  • Nonresident Withholding Requirement: Any entity such as partnerships, S corporations, LLCs, and LLPs is mandated to withhold Kansas income tax from the Kansas taxable income of their nonresident owners. This withholding applies unless the income falls under categories that are reported directly on federal Schedules C, E, or F. Entities must be aware of the current withholding tax rate, which is 4.9%, to accurately calculate the tax due.
  • Opting Out and Withholding Returns: Nonresident owners have the option to 'opt-out' of this withholding by submitting an affidavit (Form KW-7A) to the pass-through entity. Furthermore, entities must file a Schedule of Nonresident Owner Withholding (KW-7S) along with a Nonresident Owner Withholding Return (KW-7) to remit the withheld tax. This option and the associated forms provide a measure of flexibility for both the entity and the nonresident owners.
  • Record-Keeping and Distribution: Once the K-19 form is duly filled out, it's important to prepare three copies for each nonresident owner. One copy is for the owner to enclose with their Kansas income tax return, another for their records, and the last one should be retained by the entity. This meticulous approach to distribution and record-keeping ensures that all parties remain informed and compliant with Kansas tax laws.

Properly managing and understanding the intricacies of the K-19 form is essential for entities with nonresident owners in Kansas. By focusing on these key aspects, entities can navigate the complexities of state tax withholding requirements and maintain good standing with the Kansas Department of Revenue.

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