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Kansas Business Startup

This section will assist you in identifying agencies that need to be contacted while planning your business activities. The following list contains the most common requirements, but there may be others to fulfill, depending on the nature of your business.

1. The Kansas Business Center is your one-stop shop for starting and maintaining a business in Kansas. It provides information about planning a business, registering a business, operating a business, closing a business, and moving a business to Kansas.

The following services are available at the KBC (click on each link for additional information):
  • Name Availability
  • Name Reservation
    • You can reserve a name, if available, for 120 days and a fee of $30 (nonrefundable). The name that is reserved by you cannot be used by anyone else to incorporate unless you elect not to incorporate under that name within the specified 120 day reservation period. Name reservation is not required by the Kansas Secretary of State, it is just a mean for you to be able to reserve a particular name or multiple names, so that name will be available when you are ready to complete your Article of Incorporation.
    • Laws governing business entities generally require that the entity’s name be unique from the names of other entities doing business in the state. Kansas uses the standard of “distinguishable upon the record”, which merely requires that the entity’s name be distinguishable from other entity names already on file with the Secretary of State. This standard means that even though the proposed name may look or sound similar a small difference in spelling, or the addition of one extra letter or word, is enough to allow the name.
    • Kansas law requires that the names of business entities that have been forfeited or cancelled remain unavailable for one year.
    • General partnerships are not required to have distinguishable names, all other business entity types are subject to this requirement.
    • Important considerations:
      • Name registration: The state of Kansas does not have name registration.
      • Assumed Business Name: The state of Kansas does not register DBA, Assumed Name, Trade Name, Fictitious Name, or Sole Proprietorships. Reservation of a business name does not register the business or provide any legal rights to the name.
  • Name Change Amendment 
  • Registered Agent/Registered Office Amendment (RORA)
  • Business Entity Formation (AOI)
  • Business Entity Search Station (BESS)
    • Business Entity Database: view information for a business on file with the Secretary of State
    • Name Availability: check to see if a business name is available
    • Charitable Organizations: view information on registered charities in Kansas
    • Trademark/Service-Mark Search: view information for a Trademark/Service-Mark on file with the Secretary of State
  • Business Tax Registration
  • Dissolution, Cancellation, or Withdrawal of a Business Entity Amendment
  • Electronic Annual Report Filing

2. Kansas Department of Revenue – Business Registration

  • To register for and pay your business taxes, you will need to set up an account with the Kansas Department of Revenue Customer Service Center.
  • Another option is to complete the Business Tax Application (CR-16). The application must be properly
    completed and signed. Fax the application to 785-291-3614 or by mail at: Kansas Department of Revenue, 915 SW Harrison St. Topeka, KS 66625.
  • Once you have registered for and logged into the customer service center, please fill out the questionnaire that will tell you what business taxes you need to register for. You may also need to register with the Kansas Secretary of State for corporations to do business in Kansas or with the Kansas Department of Labor for unemployment taxes.
  • There is no business tax registration fee. However, if you require a cigarette retailer's license a $25 fee must be submitted with the application. The Cigarette Vending Machine Permit fee is $25 per machine.

3. Kansas Department of Revenue – Division of Taxation

  • Taxability information guides per industry are available here.
  • Taxes per type of business information for retailers is available here.
  • Information about sales tax and compensating use tax is available here.

4. International Revenue Service - Small Business and Self-Employed Tax Center

  • Your business structure: it determines which income tax return form you have to file. Legal and tax
    considerations enter into selecting a business structure:
  • Hiring employees: If your business will hire employees, you must first correctly classify that person as an independent contractor or employee.
  • Social Security and Medicare Taxes
    • Both the employee and the employer pay Social Security or FICA taxes. Nearly all employees,
      employers and self-employed people are required to participate in the Social Security program.
    • Employers are required to withhold the appropriate percentage from an employee's income and
      provide the employee a receipt for this deduction.
    • The employer has to keep records for each employee, match the employee's contribution and make periodic deposits. There is a yearly ceiling on the amount of wages subject to FICA taxes.
    • Additional information can be obtained at the Internal Revenue Service website and the Social
      Security Administration website.
  • Self-Employment Tax
    • Self-employment tax is a tax consisting of Social Security and Medicare taxes primarily for
      individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. More information is available here.
    • If you have income subject to Self-Employment Tax, use Schedule SE (Form 1040) to figure the tax.
    • If you have more than one business, the profits and losses from all of your businesses are combined on the Schedule SE.
  • Income Tax Withholding
    • The employer must withhold Income Tax from employee wages. There is no ceiling on the amount of wages subject to Income Tax Withholding. No matter how much each employee earns, the employer continues to withhold income taxes.
    • Each employee should furnish a Form W-4 to the employer declaring the number of withholding
      exemptions allowable.
  • Federal Unemployment Tax (FUTA)
    • An employer liable for Withholding Taxes is usually liable for Federal Unemployment Taxes as well. The Federal Unemployment Tax Act provides for cooperation between the state and federal
      government in establishing and administering the Unemployment Insurance Program. Only the
      employer pays FUTA Tax.
    • If an employer paid wages of $1,500 or more in any calendar year (not necessarily consecutive
      weeks), the employer usually must file Form 940 or Form 940 EZ if the business meets certain
      conditions by January 31 of the following calendar year.
    • Deposits may be required depending upon amounts due. Information on filing FUTA can be found at www.irs.gov (e-file) or the Electronic Federal Tax Payment System (EFTPS) at www.eftps.gov or (800)555-4477.
  • Federal Estimated Income Tax
    • Generally, sole proprietors, partners and shareholders of an S Corporation pay taxes on income by making regular payments of estimated tax during the year. If you expect to owe taxes, including Self-Employment Tax of $1,000 or more when you file your return, you generally have to make estimated tax payments.
    • Form 1040-ES has instructions, an Estimated Tax Worksheet, and four Declaration Vouchers. Use the worksheet to figure your estimated tax and keep it for your records.
  • Federal Payroll Taxes

 

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