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In the realm of regulatory compliance for businesses operating within the alcohol industry in Kansas, the Kansas Department of Revenue necessitates adherence to various legal requirements, one of which is encapsulated in the Kansas LD-400 Liquor Drink Tax Surety Bond. This instrument plays a pivotal role for entities such as drinking establishments, clubs, caterers, and similar licensees who aim to navigate through the state's beverage laws effectively. Essentially, the LD-400 form serves as a guarantee to the state, ensuring the timely and full payment of liquor drink taxes by the licensed entity. By mandating this bond, Kansas underscores the importance of fiscal responsibility and adherence to the Kansas Liquor Drink Tax Act's provisions. The bond not only signifies a commitment from the establishment to comply with tax obligations but also solidifies the state's mechanism for tax collection and regulation of alcohol-related activities. Operators are required to fill the form meticulously, providing accurate details about their business, the surety company backing them, and adhere to specific instructions regarding the bond's execution and submission. The failure to accurately complete or submit the LD-400 can lead to significant repercussions including the invalidation of the bond, thereby affecting the licensee's operational status. This dynamic underscores the form's integral role in ensuring the fiscal and operational integrity of businesses within Kansas's alcohol sector, safeguarding both state interests and public welfare.

Example - Kansas Ld 400 Form

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:

(City)

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 ____________________________, ___________

 

(Year)

 

___________________________________________________________

 

(Principal)

 

By ________________________________________________________

 

(Indicate Position: r President, r Vice-President, r Partner, r Owner)

 

___________________________________________________________

 

(Print Name of Signature Above)

 

SEAL

 

___________________________________________________________

 

(Surety)

 

___________________________________________________________

 

(Surety Address)

 

___________________________________________________________

 

(Surety Company Phone Number)

 

By ________________________________________________________

 

(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

File Data

Fact Detail
Form Name LD-400 Liquor Drink Tax Surety Bond
Applicability For Drinking Establishments, Class A Clubs, Class B Clubs, Caterers, Public Venues, Hotels, or other On-Premise Licensees in Kansas
Purpose The bond ensures compliance with the Kansas Liquor Drink Tax Laws, Rules, and Regulations relating to the payment of liquor drink tax and penalty.
Governing Law Kansas Liquor Drink Tax Act
Required Information Legal name of the entity, principal and surety details, bond number, office and location address, effective date of coverage, and signatures with positions. Must also include a seal and be accompanied by a power of attorney for the attorney-in-fact, with a Kansas licensed agent’s countersignature.
Invalidation Criteria An improperly completed LD-400 form results in an invalid bond, voided and kept in the customer's file.
Submission Address Miscellaneous Tax, Kansas Department of Revenue, 915 SW Harrison St., Topeka, KS 66612-1588

Kansas Ld 400 - Usage Guide

Filling out the Kansas LD-400 Liquor Drink Tax Surety Bond form is a process that requires attention to detail to ensure compliance with state regulations. This document is crucial for businesses that sell alcoholic beverages in Kansas, as it guarantees the payment of liquor drink taxes to the state. The steps outlined here will guide individuals through the process of completing the form correctly. Following these instructions will help avoid any delays or issues with the bond’s acceptance by the Kansas Department of Revenue.

  1. Visit the Kansas Department of Revenue website at www.ksrevenue.org to download the most current version of the LD-400 form.
  2. Ensure that all fields are filled out, except for the "Liquor Drink Reg. No." field, which is not required.
  3. Enter the bond number in the designated space.
  4. On Line 1, input the legal name of the entity applying for or holding a Kansas liquor license. The name must match exactly with the entity name listed on the liquor tax application.
  5. Provide the main office location address, ensuring it matches exactly the location address on the liquor license application. PO Boxes are not acceptable.
  6. Set the effective date of the bond to indicate when the liquor drink tax coverage begins.
  7. Under the signature lines, the "Principal" section should be signed by an owner or officer of the entity being covered. Mark the correct box to indicate their position within the entity. They must then print their name below the signature line.
  8. In the "Surety" section, write the name of the surety company, include the complete mailing address, and the telephone number.
  9. Have an authorized attorney-in-fact sign the form on behalf of the surety company. This signature must be accompanied by a seal. In addition, the bond requires a power of attorney for the signing attorney-in-fact, which must also bear a seal.
  10. A licensed agent in Kansas for the surety must countersign the form.
  11. Review the form to ensure all information is accurate and that no required fields have been missed.
  12. Submit the completed LD-400 form to the Kansas Department of Revenue at the address: Miscellaneous Tax, Kansas Department of Revenue, 915 SW Harrison St., Topeka, KS 66612-1588.

After submitting the LD-400 form, it is retained in the customer’s file and cannot be returned. Direct any questions regarding the form to the Division of Taxation, Miscellaneous Tax Segment, using the provided contact options. Thoroughly completing the form and adhering to the given instructions ensures a smoother processing of your Liquor Drink Tax Surety Bond.

Get Clarifications on Kansas Ld 400

What is the purpose of the LD-400 Liquor Drink Tax Surety Bond form?

The LD-400 form serves as a surety bond for businesses in Kansas that sell alcoholic beverages. Its primary purpose is to ensure that these establishments comply with the state's Liquor Drink Tax Laws by providing a financial guarantee to the Kansas Department of Revenue. If the business fails to pay the required taxes and penalties, the bond will cover these costs.

Who needs to file an LD-400 form?

Drinking establishments, Class A Clubs, Class B Clubs, Caterers, Public Venues, Hotels, and other On-Premise Licensees in Kansas that wish to sell alcoholic drinks must file an LD-400 form. This requirement ensures that these businesses have made a financial commitment to adhere to state tax laws.

How does one complete the LD-400 form?

To correctly complete the LD-400 form, the applicant must fill out all required fields except for the Liquor Drink Reg. No. field, include a bond number, ensure the legal name of the entity matches exactly as it appears on the liquor tax application, and that the location address equally matches. The effective date must be noted, and appropriate signature lines for the "Principal" and the "Surety," including their printed names, addresses, and phone numbers, must be completed. Additionally, the bond must be signed by a licensed agent in Kansas and accompanied by a power of attorney for the attorney-in-fact.

What happens if the LD-400 form is not properly completed?

An improperly completed LD-400 form will result in the bond being considered invalid. The Kansas Department of Revenue will void such bonds and retain them in the customer's file, potentially impacting the business’s ability to legally sell liquor until the issue is corrected.

Can the original LD-400 form be returned after submission?

No, once the LD-400 form has been submitted to the Kansas Department of Revenue, the original document cannot be returned. Businesses should keep a copy for their records before submitting the form.

Where should the LD-400 form be submitted?

The completed LD-400 form should be sent to the Miscellaneous Tax segment of the Kansas Department of Revenue at 915 SW Harrison St., Topeka, KS 66612-1588. This ensures that the form is reviewed and processed by the correct department.

Who can be contacted for questions regarding the LD-400 form?

For any questions or clarifications regarding the LD-400 form, businesses should contact the Division of Taxation, Miscellaneous Tax Segment, by calling (785) 368-8222, option 5, then option 4. The knowledgeable staff at the Department of Revenue can provide guidance and support in completing the form accurately.

Common mistakes

When completing the Kansas LD-400 form, a Liquor Drink Tax Surely Bond, individuals must approach the task with diligence and attention to detail. Becoming aware of common pitfalls can help in submitting a form that is accurate and compliant with Kansas Department of Revenue requirements. Here are nine common mistakes to avoid:

  1. Not using the most current form: It's crucial to ensure that you're filling out the latest version of Form LD-400, which can be found on the Kansas Department of Revenue website. Using an outdated form can result in the submission being rejected.
  2. Incomplete fields: Each section of the form must be completed, except for the Liquor Drink Reg. No. field, which may not apply. Leaving fields blank can invalidate the bond.
  3. Incorrect Bond Number: The form must contain a bond number. Failure to include this number will void the bond right from the outset.
  4. Mismatched legal name: The legal name of the entity applying for or holding a Kansas liquor license, as stated on Line 1, must exactly match the entity name listed on the liquor tax application.
  5. Inaccurate location address: The location address provided must exactly match the address on the liquor application. This address cannot be a P.O. Box, as it must be a physical location.
  6. Wrong effective date: The effective date indicates when coverage under this surety bond begins. Providing an incorrect date can lead to periods of non-compliance.
  7. Inappropriate signature verification:
    • An owner or officer must sign the bond and indicate their position correctly.
    • The name of the signer must be clearly printed below the signature line to validate their authority.
  8. Insufficient details for the surety: The form requires a complete mailing address and telephone number for the surety company, along with a signature from an authorized attorney-in-fact, accompanied by a power of attorney. Omission of these details can lead to immediate rejection.
  9. Lack of required seals: Both the bond and the power-of-attorney form require a seal. Neglecting to include these seals can invalidate the bond.

By avoiding these common mistakes, individuals and businesses can ensure their LD-400 form is processed smoothly, thereby securing their compliance with Kansas liquor tax laws and regulations. Accuracy, completeness, and adherence to the specific requirements are key to a successful submission.

Documents used along the form

The Kansas LD-400 form, crucial for establishments serving liquor, outlines the necessary surety bond for compliance with the Kansas Liquor Drink Tax laws. Alongside the LD-400, several other documents are commonly used to ensure compliance and facilitate the business operations of entities dealing with alcohol sales and service in Kansas. Understanding these supplementary documents is essential for navigating the regulatory landscape effectively.

  • Application for Liquor License: Before obtaining a surety bond, establishments must apply for a liquor license with the Kansas Department of Revenue or the local city/county clerk's office. This application is the initial step for a business to legally sell alcohol, detailing the type of liquor sales, ownership information, and location of the establishment.
  • Power of Attorney for Attorney-in-Fact: As referenced in the LD-400 bond requirements, a power of attorney form is required. This document authorizes a specific individual, the attorney-in-fact, to execute the surety bond on behalf of the bonding company. It is a legal document ensuring that the person signing the bond has the authority to bind the surety company.
  • Liquor License Renewal Application: Annually, or as required by the specific license type, establishments must renew their liquor licenses to continue operations legally. This renewal process ensures that the business remains in compliance with Kansas laws and regulations pertaining to liquor sales.
  • Liquor Tax Return Forms: Entities covered under the LD-400 surety bond are responsible for filing periodic liquor tax returns with the Kansas Department of Revenue. These returns report the amount of liquor sold and calculate the taxes due, ensuring compliance with the state’s Liquor Drink Tax Act.
  • Local Zoning and Compliance Documentation: In addition to state regulations, businesses must comply with local city or county zoning and liquor laws. Documentation proving compliance with these local regulations is often required alongside the LD-400 form. This may include zoning permits or local licenses specific to the establishment's location.

Together, these forms and documents constitute a comprehensive framework ensuring that establishments engaging in the sale of alcoholic beverages in Kansas meet all legal obligations. Compliance with these requirements not only fulfills statutory duties but also secures the business's operational integrity and public safety. Entities should maintain current knowledge of both state and local laws affecting liquor sales to navigate the regulatory environment effectively.

Similar forms

The Kansas LD-400 form, required for establishing a liquor drink tax surety bond, shares similarities with several other types of surety bonds. These similarities include financial guarantees, legal obligations to adhere to specific laws or regulations, and the structured involvement of three parties: the principal, the obligee, and the surety. Exploring these commonalities helps in understanding the purpose and function of the LD-400 form.

Performance Bond: Similar to the Kansas LD-400 Liquor Drink Tax Surety Bond, a performance bond ensures contractual duties are met, typically in construction or service delivery contracts. Both forms serve as financial guarantees. The LD-400 specifically assures payment of liquor taxes and compliance with state regulations, while a performance bond guarantees completion of a project or service according to contractual terms. Each bond involves three key parties: the principal (who needs the bond), the obligee (to whom the bond is given), and the surety (which assures the bond's conditions are met).

Bid Bond: A bid bond, required during the bidding process on various projects, ensures a contractor can meet the terms of a bid if awarded a contract. This is comparable to the LD-400's role in ensuring an entity's compliance with liquor tax laws before engaging in business. Both bonds provide financial protection to the obligee against losses resulting from the principal’s failure to meet obligations. They also share a similar structure, where the surety company backs the principal's promise to adhere to specific conditions.

License and Permit Bonds: Often required for obtaining licenses or permits in various industries, these bonds guarantee adherence to applicable laws or regulations, much like the LD-400 assures compliance with the Kansas Liquor Drink Tax Act. License and permit bonds cover a broad range of professions and activities, underscoring the principal’s commitment to ethics and regulatory compliance. The structural framework of these bonds—bringing together the principal, obligee, and surety—is akin to that of the LD-400, highlighting their shared objective of ensuring accountability and protection against malfeasance.

Dos and Don'ts

When completing the Kansas LD-400 form, pay careful attention to the details to ensure the form is accurately filled out and fulfills its purpose. This document is essential for entities engaging in business that involves the sale of alcoholic beverages in Kansas, acting as a guarantee for the responsible operation in compliance with the Kansas Liquor Drink Tax laws. Here are several do's and don'ts to consider:

  • Do ensure you are using the most current version of Form LD-400, which is available on the Kansas Department of Revenue's website.
  • Do complete every field on the form, except for the Liquor Drink Reg. No. field, if it does not apply to your situation.
  • Do include a bond number, as this is required for the bond to be processed and recorded properly.
  • Do make sure that the legal name of the entity provided on Line 1 matches exactly with the name listed on the liquor tax application.
  • Do ensure the location address on the bond corresponds exactly with the location address on the liquor application; note that PO Box addresses are not acceptable.
  • Do accurately fill in the signature lines, including the designation of the signer's position, and ensure that an authorized attorney-in-fact signs if required.
  • Do remember to include the seal on the bond and power-of-attorney form if applicable.
  • Don't use outdated forms as this could result in the bond being voided; always verify you have the latest version.
  • Don't leave any required fields blank, except for the specific exclusion mentioned above, to avoid invalidating the bond.
  • Don't miss providing a bond number since this unique identifier is crucial for the tracking and validity of the bond.
  • Don't enter a PO Box as the location address; it must be the physical address that matches the liquor application.
  • Don't mismatch the entity's legal name between the bond form and the liquor tax application as consistency is key for identification and processing.
  • Don't sign the form without the appropriate authority or fail to provide complete information for the surety, including a full mailing address and telephone number.
  • Don't forget the requirement of a countersigned Kansas licensed agent if applicable, which is a necessary step for completing the bonding process.

Misconceptions

Understanding the requirements and common misconceptions about the Kansas LD-400 Liquor Drink Tax Surety Bond form can help ensure compliance and avoid errors when applying for a liquor license in Kansas. Here are nine misconceptions that need clarification:

  • Any version of the form is acceptable. This is not true. Applicants must fill out the most current version of the LD-400 form available on the Kansas Department of Revenue website.
  • Not all fields need to be completed. Every field on the form must be filled in, except for the Liquor Drink Reg. No. field, to ensure the bond is valid and acceptable to the Department of Revenue.
  • The bond number is optional. This is incorrect. The bond must contain a bond number for it to be recognized as valid.
  • The legal name on the bond doesn't have to match the liquor license application. The legal name listed on Line 1 of the bond must exactly match the entity name on the liquor tax application to avoid discrepancies and potential rejection.
  • PO Box addresses are acceptable for the location address. The location address on the bond must be identical to the one on the liquor application and cannot be a PO Box to ensure accurate identification and correspondence.
  • The effective date of the bond is predetermined. The effective date is actually the date on which coverage under this surety bond begins, and it must be correctly specified by the applicant.
  • Any company representative can sign the bond. The bond must be signed by an owner or duly authorized officer of the entity, and their position should be clearly indicated next to the signature.
  • Seals and power of attorney are optional. The bond and the accompanying power-of-attorney form must contain a seal, and a power of attorney for the attorney-in-fact is required. This ensures the legal authorization of the signatories.
  • Original bonds can be returned upon request. Original bonds will not be returned. They remain in the customer's file with the Kansas Department of Revenue for official record-keeping.

Addressing these misconceptions and understanding the specific requirements of the Kansas LD-400 Liquor Drink Tax Surety Bond form can aid in the smooth processing of liquor license applications and compliance with state regulations.

Key takeaways

When it comes to the LD-400 Liquor Drink Tax Surety Bond in Kansas, it's crucial for businesses involved in the sale of alcoholic beverages to comprehend the purpose and specifics of this form. Here are key takeaways regarding filling out and using the form:

  • The LD-400 form is essential for businesses like drinking establishments, Class A clubs, Class B clubs, caterers, public venues, and hotels in Kansas that need to register for a liquor drink tax certificate. This bond ensures compliance with the state's liquor drink tax laws.
  • It is mandatory to use the most current version of the LD-400 form, which can be found on the Kansas Department of Revenue’s website. Always verify that you have the latest form to avoid processing delays or rejections.
  • Every field on the LD-400 form must be thoroughly completed, except for the Liquor Drink Registration Number field, which can be left blank. Incomplete forms may be deemed invalid, potentially causing legal and operational setbacks for your business.
  • The legal name of the entity applying for the bond must match exactly as it appears on the liquor tax application, and the address listed must be the physical location of the business, not a P.O. Box. This precision ensures that the bond is accurately linked to the correct license and location.
  • The effective date on the bond indicates when the coverage for the liquor drink tax begins. It’s crucial to correctly state this date to ensure continuous compliance from the start of operations or the issuance of the license.
  • For a bond to be considered valid, an authorized owner or officer of the entity seeking the bond must sign it, indicating their position within the company. Additionally, the bond must be signed by an authorized attorney-in-fact of the surety company, which must include a complete mailing address, telephone number, and be accompanied by a power of attorney.
  • Failing to properly complete the LD-400 form will result in the bond being voided, which could delay or inhibit the ability to legally operate the establishment in question. Ensure all documentation is completed accurately and in full to avoid unnecessary complications.

In summary, adhering to the specific requirements for completing and submitting the LD-400 form is paramount for Kansas-based entities engaged in the sale of alcoholic beverages on-premises. Proper attention to detail in this process safeguards against operational disruptions and ensures compliance with state tax laws.

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