Instructions For Schedule K-70 Page 2

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and secondary education act flexibility waiver as amended in January 2013 and is
operated by a school district, and identified by the state board as one of the lowest 100
performing schools with respect to student achievement among all schools operated by
school districts for the current school year.
(h) “Qualified school” means any nonpublic school that provides education to
elementary or secondary students, has notified the state board of its intention to
participate in the program and complies with the requirements of the program. On and
after July 1, 2020, a qualified school shall be accredited by the state board or a national
or regional accrediting agency that is recognized by the state board for the purpose of
satisfying the teaching performance assessment for professional licensure.
The scholarship program is financed through a tax credit in an amount equal to 70% of the amount
contributed for scholarships. Under prior law, the credit could be claimed against corporate
income, premium (insurance companies) or privilege (financial institutions) tax liability. Effective
for tax years commencing after December 31, 2016, the credit is also available to individual
income taxpayers. Contributions from individual income taxpayers can begin on July 1, 2017.
Also effective for tax years commencing after December 31, 2016, the total amount of
contributions for any taxpayer cannot exceed $500,000 for any tax year. The new language, which
amends K.S.A. 2016 Supp. 72-99a07(a) provides:
(a) (1) There shall be allowed a credit against the corporate income tax liability
imposed upon a taxpayer pursuant to the Kansas income tax act, the privilege tax
liability imposed upon a taxpayer pursuant to the privilege tax imposed upon any
national banking association, state bank, trust company or savings and loan association
pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments
thereto, and the premium tax liability imposed upon a taxpayer pursuant to the
premiums tax and privilege fees imposed upon an insurance company pursuant to
K.S.A. 40-252, and amendments thereto, for tax years commencing after December 31,
2014, and ending before January 1, 2017, an amount equal to 70% of the amount
contributed to a scholarship granting organization authorized pursuant to K.S.A. 2016
Supp. 72-99a01 et seq., and amendments thereto.
(2) There shall be allowed a credit against the tax liability imposed upon a
taxpayer pursuant to the Kansas income tax act, the privilege tax liability imposed upon
a taxpayer pursuant to the privilege tax imposed upon any national banking
association, state bank, trust company or savings and loan association pursuant to
article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto,
and the premium tax liability imposed upon a taxpayer pursuant to the premiums tax
and privilege fees imposed upon an insurance company pursuant to K.S.A. 40-252, and
amendments thereto, for tax years commencing after December 31, 2016, an amount
equal to 70% of the amount contributed to a scholarship granting organization
authorized pursuant to K.S.A. 2016 Supp. 72-99a01 et seq., and amendments thereto.
In no event shall the total amount of contributions for any taxpayer allowed under this
subsection exceed $500,000 for any tax year.
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