Form K-141 Ins Fiduciary Income Tax Instructions

2) Kansas tax liability $ 3) Other state s taxable income $ 4) Kansas taxable income $ 5) Percentage limitation (divide line 3 by line 4) % 6) Limitation amount (multiply line 2 by line 5) $ 7) Allowable credit (amount on line 1 or line 6 Agritourism Liability Insurance Credit K 33 Armed Forces Recruitment Sign Up or Retention Bonus Members of the armed forces of the United States (including Kansas army and air national guard): enter amounts received as a recruitment sign up or retention bonus you received as an incentive to join enlist or remain in the armed forces of the United States to the extent included in federal adjusted gross income Also include amounts you received for repayment of educational or student loans incurred by you or for which you are obligated and received as a result of your service in the armed forces of the United States to the extent included in federal adjusted gross income Assistive Technology Credit K 42 Business & Job Development Credit (for carry forward use only) K 34 Carryback of Net Operating Farm Loss Refund K 67 Child Day Care Assistance Credit (employers only) K 56 Community Service Contribution Credit K 60 Disabled Access Credit K 37 Film Production Credit K 86 High Performance Incentive Program Credit K 59 Individual Development Account Credit K 68 Kansas Expensing Deduction If you have a Kansas expensing deduction from Schedule K 120EX enter the amount of your deduction on line 26d Enclose a copy of your completed K 120EX and federal Form(s) 4562 Important The deduction must qualify under IRC Section 168: Accelerated cost recovery system OF REVENUE Regional Foundation Contribution Credit K 32 Research and Development Credit K 53 Small Employer Health Insurance Contribution Credit K 57 Telecommunications and Railroad Credit K 36 the allowable refund(s) from these credit schedules: Venture and Local Seed Capital Credit K 55 (multiply line 1 by line 4) $ (Part III line 44 Column B) $ 4) Ratio (Divide line 2 by line 3) % 5) Nonresident fiduciary exemption 1) Exemption on federal Form 1041 $ 1) Income tax paid to: $ 2) Kansas income of nonresident estate 3) Federal income A 2012 tax paid to the foreign country $ a calendar year basis the return is due on or before April 15 Mail your Fiduciary Income Tax return to: KANSAS FIDUCIARY TAX KANSAS DEPARTMENT OF REVENUE 915 SW HARRISON ST TOPEKA KS 66699 3000 A capital gain from Kansas sources that is not distributed to the beneficiaries should be entered on line 31 Column D account established to pay for education expenses; job training costs; purchase of primary residence; or major repairs or improvement to a primary residence AccountingPeriod The accounting period for which the Kansas Fiduciary Income Tax Return (Form K 41) is filed and the method of accounting used must be the same as that used for federal tax purposes If for federal purposes the taxable year for the estate or trust changes or the method of accounting is changed the changes also apply to the Kansas return Adoption Credit K 47 amended federal return is adjusted or disallowed provide KDOR with a copy of the adjustment or denial letter Amended You must file an amended Kansas K 41 when: 1) an error was made on your Kansas return 2) there is a change on another state s return error or adjustment or 3) there is a change on your federal return error or adjustment To An extension of time to file is not an extension to pay Assistance B LESS: Federal foreign tax credit allowed $ Benefits received from all railroad retirement plans administered by the U S Railroad Retirement Board are exempt from state taxation by federal law Enter any railroad retirement benefits received from the U S Railroad Retirement Board which are included in federal taxable income This exemption from Kansas taxes includes tier I tier II dual vested benefits and supplemental annuities BUSINESS MACHINERY AND EQUIPMENT CREDIT (K 64) The credit for property tax paid on machinery and equipment is no longer available C EQUALS: Kansas foreign tax limitation amount Enter this amount on line 1 of the following worksheet $ Capital gains from Kansas sources should be entered in Column C only if the gain is distributed to the beneficiaries Column A Column A lists the items of income and modifications which correspond to those listed on the federal fiduciary tax return Column A Enter on lines (a) (b) (c) and (d) the names and addresses of Kansas resident beneficiaries Nonresident beneficiaries should be listed on lines (e) (f) (g) and (h) Column A Enter on lines (a) through (d) the names and addresses of the nonresident beneficiaries Column B Enter the Social Security numbers of the beneficiaries Column B Enter the Social Security numbers of the nonresident beneficiaries Column B Enter total income or deductions reported or claimed on the federal fiduciary tax return for each item listed in Column A Column C Enter on lines (a) through (d) the percentage of the estate or trust to be distributed to each beneficiary in accordance with the documents or laws controlling distribution of the estate or trust Note: Since neither the resident beneficiaries nor the fiduciary s percentages are shown here it is unlikely this column will total 100% Column C Enter that part of each item of income reported in Column B that is derived from Kansas sources Use direct accounting whenever possible Intangible income will not be considered to be from Kansas sources except where it is part of a business trade or occupation carried on in Kansas Any item entered in Column C should reflect the amount that remains after all modifications have been performed Column C Enter the percentage of the estate or trust to be distributed to each beneficiary in accordance with the documents or the laws controlling distribution of the estate or trust The percentage allocated to charitable beneficiaries and to the fiduciary itself should be shown on the appropriate lines Total allocation must equal 100% Column D Column D is to be completed by nonresident fiduciaries only Enter in Column D that part of Column C applicable to the fiduciary The amount to be entered in Column D is computed by multiplying each entry in Column C by the fiduciary s percentage of the Kansas fiduciary adjustment as shown in Part II Column D Enter on lines (a) through (d) each beneficiary s portion of the total taxable income from Kansas sources by multiplying Column C by the amount on line 49 Column C Part III Column D Enter on lines (a) through (i) each beneficiary s share of the Kansas fiduciary modification Enter on line (j) the resident fiduciary s share of the modification To determine each individual s and the fiduciary s share of the Kansas fiduciary modification multiply the amount on line 27 Part I by the percentage in Column C Column E Compute the amount of tax to be withheld from each nonresident beneficiary by multiplying each beneficiary s income in column D by 2 5% Enter these amounts on lines (a) through (d) The tax reported in this column is to be withheld and paid by the fiduciary for the beneficiary Enter the total amount from Column E on page 1 line 6 Form K 41 Column E need not be calculated to completion if the nonresident share has already been withheld Community Service Contribution Credit Enter the amount of any charitable contribution claimed on the federal return used to compute this credit on Schedule K 60 Confidential Income tax information disclosed to KDOR (Kansas Department of Revenue) either on returns or through department investigation is held in strict confidence by law KDOR and the Internal Revenue Service have an agreement copy of the amended federal return and an explanation of all changes made on your amended Kansas return If your DATE ESTABLISHED Enter date of death or date trust was established Depreciation depletion and federal estate tax not included on Federal Form 1041 and passed directly to the beneficiaries should be entered on the appropriate lines of Column C (e g line 42a) Disabled Access Credit Modification Enter the amount of any depreciation deduction or business expense deduction claimed on the federal return which was used to determine the credit on Schedule K 37 Do not carry over any administration expenses from Column B to Column C if these expenses were claimed on both the Kansas Estate Tax Return and the federal fiduciary tax return Do not staple or otherwise attach pages of the return or check together Docking State Office Building 1st floor FAX: (785) 291 3614 915 SW Harrison Street Topeka KS 66625 2007 HOURS: 8:00 a m to 4:45 p m (M F) Education Savings Program Electrical Generation Revenue Bonds Enter the amount included in federal taxable income Enclose with Form K 41 a copy of your Federal Form 1041 including all schedules as filed with the IRS TheReturn processing of your Kansas fiduciary return may be delayed if your federal fiduciary return is not included Enter any interest or dividend income received on obligations or securities of any authority commission or instrumentality of the United States and its possessions less any related expenses (management fees trustee fees interest etc ) directly incurred in the purchase of such obligations or securities to the extent they are included in federal taxable income if they are exempt from state income taxes under the laws of the United States Such income paid to shareholders through a mutual fund is also exempt from Kansas tax If the mutual fund invests in both exempt and non exempt federal obligations the modification allowed will be that portion of the distribution received from the mutual fund attributable to direct obligations of the U S government as determined by the mutual fund These obligations include: U S Savings Bonds U S Treasury Bills Federal Land Bank etc Enclose a schedule indicating the name of each U S Government obligation claimed Enter any Kansas pension benefits received which are specifically exempt from Kansas income tax if it was included in the federal taxable income Exempt Kansas pensions include: Kansas Public Employees Retirement Annuities Kansas Teachers Retirement Annuities Kansas Police and Firemen s Retirement System Pensions Kansas Highway Patrol Pensions Justices and Judges Retirement System Board of Public Utilities Washburn University Pensions and certain pensions received from first class cities not covered by the Kansas Public Employees Retirement System Enter on line 42a other deductions not provided for on lines 37 through 41 These deductions should be directly allocated where possible If it is not possible to directly relate those deductions to income from Kansas sources they should be apportioned by multiplying the deductions by the ratio of total Kansas income (line 36 Column C) divided by total federal income (line 36 Column B) Enter on line 5 an amount equal to 13% of the federal tax on the ordinary income portion of the lump sum distribution determined on federal Form 4972 Enter on line 50 Column C the total percentages of all non resident beneficiaries only These percentages are determined by the documents or laws controlling distribution of the estate or trust Enter on line 51 Column C the total income from Kansas sources of all nonresident beneficiaries This amount is computed by multiplying line 49 Column C by the percentage entered on line 50 Column C Enter the total of these additions to federal taxable income: Estimated Tax Estates and trusts are required to make federal estimated tax payments; however Kansas statutes exempt estates and trusts from making estimated tax payments for Kansas fiduciary purposes Extension of Time to File Faculty and others employed by the State Board of Regents or by educational institutions under its management are entitled to Kansas tax exemption on income derived from retirement annuity contracts purchased for them by the State Board of Regents with either their direct contributions or through salary reduction plans Federal Federal Income Tax Refund Generally there will be no entry here unless an amended federal return has been filed for a prior year due to an investment credit carry back or a net operating loss carry back which resulted in a federal income tax refund in 2012 for that prior year Federal Net Operating Loss Carry Forward Enter the federal net operating loss carry forward claimed on the 2012 federal income tax return Fiduciaries must provide each beneficiary with the amount of the fiduciary modification to be used in the preparation of the beneficiary s Kansas Individual Income Tax Return See page 2 Part II Column D FiduciaryIncome Tax FiduciaryReporting toBeneficiaries file an amended fiduciary tax return use Form K 41 and mark the amended return checkbox Pay the full amount of tax and interest due and no late pay penalty will be assessed Interest rates can be found on our web site FILING STATUS The filing status shown on Form K 41 will reflect the nature of the entity for which the return is being filed For a nonresident estate or trust income from the following is not considered to be derived from Kansas sources: annuities interest dividends or gains from the sale or exchange of intangible personal property unless part of the income from a business trade profession or occupation carried on within Kansas For a resident estate or trust in which all beneficiaries are Kansas residents the remaining portion (pages 3 and 4) of the return may be omitted If there are nonresident beneficiaries you must complete Parts III and IV FOR EXAMPLE: State or local income taxes deducted on the federal return would not be included in Column C State income tax refunds reported as income on the federal return would not be included in Column C Also any income from other estates trusts or partnerships should be modified if necessary before the item is entered in Column C for KDOR to contact you about your tax return If you wish to have the Director of Taxation or his/her designee contact your tax preparer instead please give permission to do so by checking this box Foreign Tax Credit: As used in this section state means any state of the United States the District of Columbia Puerto Rico any territory or possession of the United States and any foreign country or political subdivision of a foreign country The Kansas credit for foreign taxes is first limited to the difference between the actual tax paid to the foreign country and the foreign tax credit allowed on the federal return If you claimed the foreign tax paid as an itemized deduction on your federal return no credit is allowed in this section Foreign Tax Worksheet Forms Your Kansas return is imaged on our computers enabling us to process your return faster and with fewer errors In order for our system to work it is important that you use care in completing your return GENERAL INFORMATION HEADING Type or print your name and address in the spaces provided If your name or address changed since you last filed mark an X in the box below the heading If filing an amended return mark an X in the box below your name and address If any due date falls on a Saturday Sunday or legal holiday substitute the next regular workday If any tax is required to be withheld complete a Form K 18 for each nonresident beneficiary The Form K 18 and instructions are on the last page of Form K 41 If there is no federal distributable net income each beneficiary s share of the Kansas fiduciary modification shall be in proportion to each share of the estate or trust income distributed Any balance of the Kansas fiduciary modification not allocated to the beneficiaries is allocable to the fiduciary If you are a Kansas resident use the following worksheet to determine your credit for tax paid to another state(s) Nonresidents may not claim this tax credit against Kansas tax If you are filing an amended federal income tax return for the same taxable year as this amended return enclose a If you are reproducing your own tax forms contact KDOR for information on the approval process If you are unable to complete your Kansas Fiduciary Income Tax Return by the filing deadline you may request an extension of time to file If you filed Form 7004 with the Internal Revenue Service for an extension of time enclose a copy of that form with your completed K 41 return Kansas does not have a separate extension request form but will accept an approved federal Extension of Time To File form If you do not pay the tax amount due (may be estimated) by the original due date you will owe interest and may also be charged a penalty on any balance due If you have not yet filed a Kansas K 41 but you filed your original federal return and the federal return has been amended or adjusted use the information on the amended/adjusted federal return to complete your original Kansas return A copy of both the original and amended federal returns should be enclosed with the Kansas return along with an explanation of the changes If you use a software package to complete your Kansas return be sure it is approved by KDOR Visit ksrevenue org for a list of approved software vendors IMPORTANT INFORMATION In addition fiduciaries must provide each nonresident beneficiary with the amount of the nonresident beneficiary s share of income and credits from page 3 Part IV of Form K 41 and when Kansas tax is withheld supply Form K 18 to the nonresident beneficiary Fiduciary modifications beneficiaries shares of fiduciary modifications and beneficiaries shares of income and credits are computed on pages 2 and 3 of Form K 41 in Parts I II III and IV Individual Development Account CONTRIBUTORS: Enter the amount of the contribution claimed to the extent the same is the basis for claiming the Individual Development Account Credit on Schedule K 68 ACCOUNT HOLDERS: Enter amounts received as withdrawals that are not used to pay for education expenses; job training costs; purchase of primary residence; or major repairs or improvement to a primary residence Individual Development Account Enter the amount of income earned on contributions deposited to an individual development Information Interest income on obligations of Kansas or any political subdivision thereof issued after December 31 1987 shall be excluded from computation of Kansas taxable income INTEREST RATE CHANGE For calendar year 2013 interest will be assessed at 4% per annum ( 333% per month or fraction thereof) Penalty for late payment of income tax remains at 1% per month or fraction thereof capped at 24% Jobs Tax Credit Enter amount of the federal targeted jobs tax credit disallowance claimed on the Federal Income Tax return Join the KANSAS DEPT Kansas Expensing Recapture If you have a Kansas expensing deduction recapture amount from Schedule K 120EX enter the amount of your deduction on line 25d and enclose a copy of your completed K 120EX and federal Form 4562 Kansas Net Operating Loss Carry Forward Enter any Kansas net operating loss carry forward Kansas Venture Capital Inc Dividends Enter the amount of dividend income received from Kansas Venture Capital Inc KPERS Lump Sum Distributions Employees who terminated KPERS employment after July 1 1984 and elect to receive their contributions in a lump sum distribution will report their taxable contributions on their Federal return Subtract the amount of the withdrawn accumulated contributions or partial lump sum payment(s) to the extent either is included in Federal Adjusted Gross Income See NOTICE 05 04 for additional information KPERS Lump Sum Roll Overs Enter amounts withdrawn from a qualified retirement account and include any earnings thereon ksrevenue org Learning Quest Education Savings Program Enter amount of any nonqualified withdrawal from the Learning Quest Learning Quest Education Savings Program Enter contributions deposited in the Learning Quest Education Savings Program or a qualified 529 tuition program established by another state up to a maximum of $3 000 per student (beneficiary) LINE 1 FEDERAL TAXABLE INCOME Residents: Enter on line 1 the federal taxable income shown on page 1 of the Federal Fiduciary Return Form 1041 Nonresidents: Enter on line 1 the amount reported in Part III line 49 column D of Kansas Form K 41 LINE 10 OTHER NONREFUNDABLE CREDITS Enter the total of all other tax credits for which you are eligible The list below includes some of the more common credits In claiming credits you must complete and enclose with your Form K 41 the required schedule(s) LINE 11 TOTAL CREDITS Add lines 8 9 and 10 LINE 12 BALANCE Subtract line 11 from line 7 If the amount for line 12 is a negative amount enter zero LINE 13 KANSAS INCOME TAX WITHHELD Enter any amount of Kansas withholding KDOR does not require that copies of W 2 or 1099 forms be enclosed with your return; however KDOR reserves the right to ask for this information at a later date NOTE: You must enclose any K 19 forms with your Form K 41 LINE 14 AMOUNT PAID WITH KANSAS EXTENSION Enter any amount paid with an extension of time request LINE 15 TECHNICAL AND COMMUNITY COLLEGE DEFERRED MAINTENANCE CREDIT REFUND If you made contributions for deferred maintenance to a designated Kansas technical and/or community college enter the total amount of the approved credit LINE 16 REFUNDABLE PORTION OF CREDITS Enter the total of LINE 17 PAYMENTS REMITTED WITH ORIGINAL RETURN If you are filing an amended K 41 for the 2012 tax year enter the amount of money you remitted to KDOR with your original 2012 return LINE 18 OVERPAYMENT FROM ORIGINAL RETURN If you are filing an amended K 41 for the 2012 tax year enter the amount of overpayment shown on your original return Since you were refunded this amount it is a subtraction entry LINE 19 TOTAL REFUNDABLE CREDITS Add lines 13 through 17 and subtract line 18 Enter the total on line 19 LINE 2 KANSAS FIDUCIARY MODIFICATION Residents: If there has not been a distribution to beneficiaries enter the fiduciary modification from page 2 line 27 If there has been a distribution to beneficiaries enter the fiduciary s portion of the fiduciary modification from page 2 line (j) Nonresidents: No modification is to be made on this line by a nonresident estate or trust LINE 20 UNDERPAYMENT If your tax balance on line 12 is greater than your total refundable credits on line 19 enter the difference on line 20 Late Charges: If the amount on line 20 is not paid by the due date or if a balance due return is filed after the due date penalty and interest are added according to the rules outlined in lines 21 and 22 Extension of Time: Interest is due on any delinquent tax balance even if you have been granted an extension of time to file If 90% of your tax liability is paid on or before the original due date of your return an automatic extension is applied and no penalty is assessed LINE 21 INTEREST Using the amount on line 20 compute interest at 333% for each month (or portion thereof) from the due date of the return LINE 22 PENALTY Compute penalty at 1% per month (or portion thereof) from the due date of the return on the amount on line 20 The maximum penalty is 24% LINE 23 BALANCE DUE Add lines 20 21 and 22 Enter the total on line 23 Write your federal Employer Identification Number (EIN) on your check or money order made payable to Kansas Fiduciary Tax and send it with your return Do not send cash A balance due of less than $5 00 need not be paid LINE 24 REFUND If line 19 is greater than line 12 subtract line 12 from line 19 and enter the amount of the refund on line 24 Amounts less than $5 00 will not be refunded LINE 25a STATE AND MUNICIPAL INTEREST Enter interest income received credited or earned from any state or municipal obligations during the taxable year less any related expenses (management fees trustee fees interest etc ) directly incurred in the purchase of state or political subdivision obligations Do not include those specifically exempt from income tax by Kansas law such as: Kansas Turnpike Authority Bonds Board of Regents Bonds for Kansas Colleges and Universities Electrical Generation Revenue Bonds Urban Renewal Bonds Industrial Revenue Bonds or Kansas Highway Bonds LINE 25b STATE INCOME TAX OR LOCAL TAXES Enter any state county or city income or earnings taxes which are included in your federal deductions LINE 25c ADMINISTRATIVE EXPENSES Enter the amount of administrative expenses claimed on both the Kansas Estate Tax Return and on the Federal Fiduciary Tax Return LINE 25d OTHER ADDITIONS TO FEDERAL TAXABLE INCOME LINE 25e TOTAL ADDITIONS Add lines 25a through 25d LINE 26a INTEREST ON U S GOVERNMENT OBLIGATIONS LINE 26b STATE INCOME TAX REFUNDS Enter any state or local income tax refunds which are included in line 1 of Form K 41 LINE 26c RETIREMENT BENEFITS Enter any Federal Civil Service retirement annuity paid from the Federal Civil Service Retirement or Disability Fund and any other amounts received as retirement benefits which were earned for being employed by the federal government or for service in the armed forces of the United States which is included in the federal taxable income LINE 26d OTHER SUBTRACTIONS FROM FEDERAL TAXABLE INCOME Enter on line 26d the total of these other subtractions from federal taxable income NOTE: You may not subtract the amount of income reported to another state LINE 26e TOTAL SUBTRACTIONS Add lines 26a through 26d and enter the total on line 26e LINE 27 NET MODIFICATION TO FEDERAL TAXABLE INCOME LINE 3 KANSAS TAXABLE INCOME If line 2 is a positive amount add line 2 to line 1 and enter the total on line 3 If line 2 is a negative amount subtract line 2 from line 1 and enter the total on line 3 If you made no entry on line 2 your Kansas taxable income is the same as your federal taxable income Enter it again on line 3 LINE 4 TAX To determine the amount of the fiduciary income tax liability refer to the tax computation schedule on page 4 of Form K 41 and compute the tax Enter the amount on line 4 Line 49 Column D is the net income of the nonresident estate or trust from Kansas sources applicable to the fiduciary which should be entered on line 1 of Form K 41 LINE 5 TAX ON LUMP SUM DISTRIBUTIONS If a resident estate or trust received income from a lump sum distribution and a federal tax was imposed on this income in accordance with federal Internal Revenue Code Section 402(e) then the resident estate or trust is also subject to Kansas tax on the lump sum distribution LINE 6 NONRESIDENT BENEFICIARY TAX Enter the amount of nonresident beneficiary tax reported on page 3 Part IV of Form K 41 This amount is the total of column E LINE 7 TOTAL KANSAS TAX Add lines 4 5 and 6 LINE 8 CREDIT FOR TAXES PAID TO OTHER STATES (FOR RESIDENTS ONLY) If you paid income tax to another state you may be eligible for a credit against your Kansas tax liability If you had income from a state that has no state income tax make no entry on line 8 and go to line 9 A copy of the return filed with the other state(s) or a copy of Federal Form 1116 (if applicable) for claiming a foreign tax credit must be enclosed with Kansas Form K 41 LINE 9 UNIVERSITY DEFERRED MAINTENANCE CREDIT If you made contributions for deferred maintenance to a designated Kansas university enter the total amount of the approved credit Net income of the estate or trust from Kansas sources after all modifications is to be entered on line 49 Column C NEW EXPENSING DEDUCTION A one time deduction is available to Kansas businesses including sole proprietors for machinery and equipment purchased in the year that it is placed in service in Kansas The expensing deduction must qualify with the IRS under Section 168: Accelerated cost recovery system For more information about this deduction see the instructions for Schedule K 120EX Nonresident Estate or Trust The fiduciary of a nonresident estate or trust must file a Kansas Fiduciary Income Tax Return if the estate or trust had taxable income or gain derived from Kansas sources Income from Kansas sources includes income or gain from: 1) real or tangible personal property located within Kansas; 2) a business profession or occupation carried on within Kansas; or 3) services performed within Kansas Nonresident Fiduciary Exemption Enter on Part III Column D line 47 the amount of the nonresident fiduciary exemption determined by the following formula: Normal processing time to issue a refund is six to eight weeks Errors on your return photocopied forms and incomplete returns or missing documentation will cause delays in processing refunds Note: If there is any other liability owed the State of Kansas the fiduciary income tax refund will be applied to that liability or trust (Part III line 44 Column D) $ Other State Tax Credit Worksheet Page 10 Page 11 Page 2 Page 3 Page 4 Page 9 PART I PART II Part II is used to determine the allocation of the shares of the Kansas fiduciary modification The Kansas fiduciary modification is divided among the beneficiaries and the fiduciary in proportion to their share of the federal distributable net income plus the amount contributed or required to be contributed from current income to charitable beneficiaries PART III Part III is used to compute the federal taxable income of the estate or trust from Kansas sources It is to be completed by all resident estates and trusts which have nonresident beneficiaries and by all nonresident estates and trusts with income or gain from Kansas sources Nonresident estates or trusts should report to Kansas only that part of their federal taxable income derived from Kansas sources The income to be reported and the modifications to that income are determined in this part PART IV Part IV is used to compute the nonresident beneficiaries shares of income and to compute the amount of tax to be withheld by the fiduciary of a resident estate or trust from the amount distributed or distributable to the nonresident beneficiaries Fiduciaries must provide to each nonresident beneficiary the amount of the nonresident beneficiary s share of income In addition Kansas law requires the fiduciary of a resident estate or trust to withhold tax from a nonresident beneficiary and to pay the amount of this tax with the Form K 41 Partnership S Corporation or Fiduciary Adjustments If income was received from a partnership S corporation joint venture syndicate estate or trust enter your proportionate share of any required addition adjustments The partnership S corporation or trustee will provide you the necessary information to determine these amounts Partnership S Corporation or Fiduciary Adjustments If income was received from a partnership S corporation joint venture syndicate trust or estate enter the proportionate share of any required subtraction adjustments The partnership S corporation or beneficiary will provide you with the necessary information to determine this amount PRSRT STD Qualified Long Term Care Insurance Contracts Enter an amount not exceeding $1 000 per contract of the premium costs paid for qualified long term care insurance contracts as defined by Public Law 104 191 section 7702B paragraph (b) Regional Foundation Contribution Credit Enter the amount of any charitable contribution claimed on the federal return used to compute this credit on Schedule K 32 RESIDENCY STATUS Residents: If you are filing for a resident estate or trust check the box for residents If all income is taxable to the fiduciary and no distributions are made or required to be made only Part I must be completed If there are only resident beneficiaries or if no amounts are distributable to nonresident beneficiaries then it is necessary to complete only Parts I and II If there are nonresident beneficiaries then it is generally necessary to complete all parts However if amounts distributed to nonresidents are nontaxable then Part IV may be omitted Nonresidents: If you are filing for a nonresident estate or trust check the box for nonresidents If there are resident and/or nonresident beneficiaries then all parts must be completed However if all income is taxable to the fiduciary then only Parts I and II must be completed Resident Estate or Trust The fiduciary of a resident estate or trust must file a Kansas Fiduciary Income Tax Return (Form K 41) if the estate or trust had any taxable income and/or there is withholding tax due for the nonresident beneficiaries A resident estate is the estate of a person who was a Kansas resident at the time of death All other estates are nonresident estates A resident trust is any trust which is administered by the trustee in Kansas A trust being administered outside of Kansas shall not be considered a resident trust merely because the governing instrument or a law requires that the laws of Kansas be followed with respect to interpretation or administration of the trust All other trusts are nonresident trusts Returns S Corporation Privilege Adjustment If you are a shareholder in a bank savings and loan or other financial institution that is organized as an S corporation enter the portion of any income received that was not distributed as a dividend This income has already been taxed on the privilege tax return filed by the S corporation financial institution Sale of Kansas Turnpike Bonds Enter the gain from the sale of Kansas Turnpike Bonds if the gain was included in the federal taxable income Send the original copy not a photocopy to KDOR SIGNATURES The fiduciary MUST sign Form K 41 If prepared by someone other than the fiduciary the preparer should also sign No refund can be made unless the return is properly signed Preparer Authorization Box: In some cases it may be necessary Small Employer Healthcare Credit Enter the amount of the addition modification from Schedule K 57 Social Security Benefits (for taxpayers with federal adjusted gross income of $75 000 or less) Enter the amount received as benefits under the Social Security Act (including SSI) in 2012 to the extent it is included in Federal Adjusted Gross Income SPECIFIC LINE INSTRUCTIONS State of Kansas Department of Revenue Docking State Office Building 915 SW Harrison St Topeka KS 66612 1588 Subtract line 26e from line 25e Enter the total on line 27 and on line 2 page 1 Form K 41 If there are beneficiaries refer to Part II Swine Facility Improvement Credit Enter the amount of any costs claimed on the federal return used as the basis for this credit on Schedule K 38 Tax Assistance Center PHONE: (785) 368 8222 Taxpayer Filing For assistance in completing your Kansas Fiduciary Income Tax return contact our Taxpayer Assistance Center TELEPHONE NUMBER If a problem should arise in processing your return it is helpful for KDOR to have a telephone number where you can be reached during office hours The number you provide will be kept confidential to the extent that the amounts withdrawn were: 1) originally received as a KPERS lump sum payment at retirement that you rolled over into a qualified retirement account and 2) the amount entered is included in federal adjusted gross income Do not make an entry if amount withdrawn consists of income that was originally received from retirement annuity contracts purchased for faculty and others employed by the State Board of Regents or by educational institutions under its management with either their direct contributions or through salary reduction plans or a pension received from any Kansas first class city that is not covered by the Kansas Public Employee s Retirement System U S POSTAGE under which income tax information is exchanged This is to verify the accuracy and consistency of information reported on Federal and Kansas Fiduciary Income Tax Returns Use only black or dark blue ink and write legibly When and You should complete your Kansas Fiduciary Income Tax Return after the federal fiduciary return is complete and it is due no later than the 15th day of the fourth month after the close of the taxable year For fiduciaries operating on When the allocation of the Kansas fiduciary modification as provided by law would result in an amount that is substantially inequitable the fiduciary may with the permission of the Director of Taxation use such other methods of allocation that will produce a fair and equitable result to both the fiduciary and the beneficiary Kansas law does not permit the fiduciary to elect to pay the tax on income properly applicable to a beneficiary by including such income in its share of the modification The estate or trust must advise each beneficiary of their share of the Kansas fiduciary modification The amount reported in Column D is the amount which the fiduciary is required to submit to each beneficiary Where to File whichever is less) $ Who Must File a Return WithholdingTax Payments Kansas law requires the fiduciary of a resident estate or trust to submit the payment of withholding tax for its nonresident beneficiaries if it is $5 or more with the filing of Form K 41 Complete Part IV and enter the total from Column E on line 6 of Form K 41 Your EIN is part of your Kansas tax account number To ensure proper credit to your account include it on your return