SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2239
As Amended by Senate Committee of the Whole

Brief*
Senate Sub. for HB 2239, as amended, would create the
Golden Years Homestead Property Tax Freeze Program
(refund program), increase the individual income tax standard
deduction, enact the SALT Parity Act (Act), amend law related
to carrying forward net operating losses, create tax
exemptions for federal disallowances related to certain
employment tax credits, create tax credits for contributions to
technical and community colleges, and provide for an income
tax checkoff for state historic sites.

Golden Years
The bill would establish a new property tax circuit
breaker refund program beginning in tax year 2022 that would
provide refunds of a portion of property taxes paid on
qualifying residential homestead property equivalent to the
total property tax increase over the base year. For taxpayers
qualifying at the time of enactment, tax year 2021 liability
would be deemed as the base year. For all other taxpayers,
the base year would be the first year in which they are eligible
to claim the refund provided by the refund program.
Taxpayers who become ineligible would not lose their original
base year should they again become eligible for the refund.
The refund would be the amount of property tax in excess of
the base year amount. The maximum amount of any refund
under the program would be $2,500.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
In order to qualify for the refund program, the bill would
require a taxpayer to have a household income of less than
$75,000 and be 65 years of age or older or a disabled
veteran. The household income threshold would be annually
adjusted according to the federal cost-of-living adjustment
provided for in Section 1(f)(3) of the Internal Revenue Code.
The value of the qualifying residential homestead
property would be required to be less than $485,000.
Qualifying taxpayers would be ineligible to claim a refund if
they would seek to claim the existing Homestead Property
Tax Refund or Selective Assistance for Effective Senior Relief
Refund. The bill would allow surviving spouses of qualified
individuals to continue in the refund program unless they
subsequently remarry. The bill would require refund program
claims to be filed by April 15 for refund amounts determined
by the previous property tax year’s liability.
Under the bill, “disabled veterans” would include Kansas
residents honorably discharged from active service in any
branch of the armed forces of the United States or the
Kansas National Guard who have been determined to have a
50.0 percent permanent disability sustained while on active
duty.
Beginning with the second year of the program, the
Director of Taxation would be required to send county clerks
electronic records by October 1 of each year containing
names of eligible claimants who have received refunds under
the refund program for the prior year.
The bill would authorize the Director of Taxation to apply
refunds to any state tax liability of the qualified individual or
other member of the household. Remaining refunds would
first be applied to any delinquent property taxes on the
homestead and then to any current property tax liability.
The bill would grant the Secretary of Revenue authority
to adopt rules and regulations necessary for administration of
the refund program.
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The bill also would incorporate the existing Homestead
Property Tax Refund into the refund program and name the
resulting program the Golden Years Homestead Property Tax
Freeze Program.

Standard Deduction
The bill would increase the individual income tax
standard deduction amounts for tax year 2023 and all years
thereafter. The new amounts would be $3,850 for single filers,
$8,800 for married filers, and $6,600 for head of household
filers.

SALT Parity Act
The bill would enact the SALT Parity Act (Act) providing
certain pass-through entities (entities) with the option of
paying state income taxes at the entity level rather than being
paid by the individual owners of the pass-through entities.
The Act, which would apply for tax year 2022 and
thereafter, would require entities to make the election to be
subject to tax on a return filed by the entity, which would be
binding on all owners of the entity.
Entities electing to be subject to the tax would pay a tax
of 5.7 percent on the sum of each resident owner’s
distributive share of the entity’s income and each nonresident
owner’s distributive share of the entity’s income attributable to
the State.
Entities electing to be subject to the tax would be treated
as corporations for purposes of estimated tax payments, but
would be subject to penalties for underpayment of estimated
tax during the first year of election. Any credits allowed for the
entities, other than credits for taxes paid to other states,
would be required to be claimed by the electing entity.

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Excess tax credits and carried forward net operating
losses would be required to be carried by electing entities and
could not be claimed by entity owners except in the case
when an election by an entity to be subject to tax at the entity
is not made or not allowed.
Individual owners of electing entities would not be
separately or individually liable for entity tax and would be
entitled to a credit against their individual income for their
direct share of the tax imposed on the entity. Corporation
owners of electing entities would be required to add back
their distributive share of the entities losses and subtract their
distributive share of the entities gains in determining their
Kansas taxable income.
Taxes paid by an electing entity to another state on
income that is included in the Kansas adjusted gross income
of a resident individual taxpayer would be considered taxes
paid to the other state by the resident individual taxpayer for
purposes of the credit for taxes paid to other states.
The bill would authorize the Secretary of Revenue to
adopt rules and regulations necessary for the implementation
of the Act and to require electing entities to furnish
information necessary for the implementation of the Act.

Historic Hotels Net Operating Loss
The bill would permit, for individual income tax year
2006, a taxpayer to carry back a net operating loss incurred
from the sale at a loss of a historic hotel located in a
community with less than 2,500 citizens and improved by
funds borrowed against the hotel and farmland owned by the
taxpayer that is located within 20 miles of the hotel, for up to
3 years to offset the gain on the sale of such farmland if the
majority of the proceeds from the sale of the farmland were
used to pay off the mortgage on the historic hotel.


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The bill would permit the taxpayer to file an amended
return for the three prior years.

Carried Back Net Operating Loss Carry Forwards
The bill would create a subtraction modification allowing
taxpayers who carried back federal net operating losses in
tax years 2018 through 2020 to subtract such amounts from
their income for purposes of determining Kansas adjusted
gross income. Taxpayers would be permitted to carry forward
such net operating losses for up to 20 years if the amount
exceeds the Kansas adjusted gross income of the taxpayer.

Employment Credit Disallowance Exemptions
The bill would create income tax exemptions for the
federal deduction disallowances associated with the federal
Work Opportunity Tax Credit, or similar credits, and the
federal Employee Retention Credit.

Technical College and Community College Contribution
Credit
The bill would provide for a non-refundable tax credit for
donors to Kansas technical colleges and community colleges.
“Technical college,” as defined by the bill, would include
the Flint Hills, Manhattan Area, North Central Kansas, and
Salina Area technical colleges, in addition to the Washburn
University Institute of Technology and the Wichita State
University Campus of Applied Sciences and Technology.
Contributions to a Kansas technical college or
community college for capital improvements, deferred
maintenance, or technology or equipment purchases would
be eligible for a 60 percent non-refundable credit against:

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● Income tax;
● Insurance premium tax and privilege fees; or
● Financial net income privilege tax.
The credit would have an annual limit of $500,000 for
each taxpayer, not to exceed $1.0 million for any one
technical college or community college. The total annual
value of credits could not exceed $7.0 million.
Prior to the issuance of any credits under this tax credit
program, the bill would require participating technical colleges
and community colleges to develop a process for qualifying
contributions as allowable deductions from federal adjusted
gross income, in consultation with the Secretary of Revenue.
Technical colleges and community colleges would be
required to deposit contributions to its capital outlay funds.
The program would apply to contributions made after
July 1, 2022, and would sunset in tax year 2026.

State Historic Sites Checkoff
The bill would require, beginning in tax year 2023, the
individual income tax return form to contain a checkoff
enabling taxpayers to make donations to Kansas state-owned
historic sites in a specific amount (e.g., $1, 5, 10, or another
amount).
The bill would require the Department of Revenue
(Department) to assigned a historic site number to each
state-owned historic site to enable taxpayers to select the site
to receive the donation.
The bill would create the Kansas Historic Site Fund,
which would be administered by the Department. The
proceeds of any donation would be deposited in the Kansas

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Historic Site Fund. The Department would be required to
distribute the moneys in the fund to the historic site of the
taxpayer’s choice to be used for the operation, maintenance,
and preservation of the site.

Background
The bill contains the provisions of HB 2315, SB 76, SB
430, SB 495, SB 514, SB 543, and SB 556. The original
provisions of HB 2239 were enacted in 2021 SB 50.

HB 2239
The bill was introduced by the House Committee on
Taxation at the request of a representative of T-Mobile.
House Committee on Taxation
In the House Committee hearing on February 17, 2021,
proponent testimony was provided by representatives of the
Kansas Chamber of Commerce, T-Mobile, and the Wichita
Regional Chamber of Commerce. The proponents stated a
longer carry forward period would more effectively allow
taxpayers to account for business expenses and remove a
competitive disadvantage for job creation and capital
investments in Kansas as compared with other states.
Written-only proponent testimony was provided by a
representative of the Kansas Agribusiness Retailers
Association, Kansas Grain and Feed Association, and Renew
Kansas Biofuels Association and a representative of the
National Federation of Independent Business.
No other testimony was provided.
The House Committee adopted an amendment to allow
losses to be carried forward indefinitely, as opposed to 20
years as in the bill as introduced.
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Senate Committee on Assessment and Taxation
In the Senate Committee hearing on March 22, 2021,
proponent testimony was provided by representatives of the
Kansas Chamber of Commerce and T-Mobile.
Written-only proponent testimony was provided by a
representative of the Kansas Agribusiness Retailers
Association, the Kansas Grain and Feed Association, and
Renew Kansas Biofuels Association, and a representative of
the National Federation of Independent Business.
No other testimony was provided.
The Senate Committee amended the bill to insert
provisions to establish the Golden Years Homestead Property
Tax Freeze Program, which had been introduced as SB 76.
The Senate Committee recommended the bill be passed as a
substitute bill.
On March 16, 2022, the bill was withdrawn from the
Senate Calendar and rereferred to the Senate Committee.
Upon rereferral, the Senate Committee removed the
contents of the bill providing for indefinite carryforward of net
operating losses (HB 2239), modified the Golden Years
provisions (SB 76), and inserted the standard deduction
provisions, historic hotel net operating loss provision (SB
430), SALT Parity Act (SB 495), and net operating loss carry
back carry forward provision (SB 543).
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
insert the provisions regarding technical college and
community college contribution credits, as amended to
reduce the maximum credit per taxpayer (HB 2315); add a
provision providing for a state historic site checkoff (SB 514);
add exemptions for certain federal employment credit

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disallowances; and to adopt a technical amendment to the
SALT Parity Act.

HB 2315 (Technical College and Community College
Contribution Credit)
The bill was introduced by the House Committee on
Taxation at the request of the Kansas Association of
Technical Colleges.
House Committee on Taxation
In the House Committee hearing, proponent testimony
was provided by representatives of the Kansas Association of
Community College Trustees and the Kansas Association of
Technical Colleges. The proponents stated Kansas technical
colleges provide an outsized economic benefit to the state
relative to the amount of funding they receive, and the bill
would help them to have even more of a positive economic
impact.
Written-only proponent testimony was provided by a
representative of Washburn University.
No other testimony was provided.
Senate Committee on Assessment and Taxation
In the Senate Committee hearing, proponent testimony
was provided by representatives of Kansas Technical
Colleges and the Kansas Association of Community College
Trustees. Written-only proponent testimony was provided by
a representative of Washburn University.
No other testimony was provided.
The Senate Committee amended the bill to include
community colleges in the tax credit program, double the

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maximum credit amounts in the bill, reduce the percentage of
the credit from 100 to 60, eliminate the refundability of the
credit, and move the relevant dates back by one year.
SB 76 (Golden Years Homestead Property Tax
Freeze Act)
The bill was introduced by Senators Holland, Corson,
Faust Goudeau, Haley, Peck, Petersen, Pettey, Pittman, and
Ware.
Senate Committee on Assessment and Taxation
In the Senate Committee hearing on March 11, 2021,
proponent testimony was offered by Senators Holland, Peck,
and Pittman, a representative of the Kansas Association of
Counties and a private citizen. The proponents stated the bill
would make property tax bills more affordable for senior
citizens.
Written-only proponent testimony was offered by
Senator Petersen, a representative of the Kansas Association
of Realtors, and two private citizens.
Opponent testimony was provided by a representative
of the Kansas Chamber of Commerce, stating the bill would
mask the true cost of property taxes and result in property tax
shifts.
Written-only neutral testimony was offered by a
representative of the Kansas Policy Institute.

SB 430 (Historic Hotels Net Operating Loss)
The bill was introduced by the Senate Committee on
Assessment and Taxation at the request of Senator Tyson on
behalf of a private citizen.

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Senate Committee on Assessment and Taxation
In the Senate Committee hearing, a private citizen
testified as a proponent, stating the bill would allow him to
offset a loss he incurred from the sale of a historic hotel in
2006 against gains he incurred from a 2005 sale of farmland.
No other testimony was provided.
The Senate Committee recommended the bill be placed
on the Consent Calendar.

SB 495 (SALT Parity Act)
The bill was introduced by the Senate Committee on
Assessment and Taxation at the request of a representative
of the Kansas Society of Certified Public Accountants.
Senate Committee on Assessment and Taxation
In the Senate Committee hearing on March 10, 2022,
proponent testimony was provided by representatives of the
Kansas Society of Certified Public Accountants, BKD, Kansas
Chamber of Commerce, and the S Corporation Association,
stating the bill would allow Kansas taxpayers to increase the
amount of state taxes deducted at the federal level without
reducing Kansas state revenues. Written-only proponent
testimony was provided by representatives of the National
Federation of Independent Businesses and Wichita Regional
Chamber of Commerce.
No other testimony was provided.
The Senate Committee amended the bill to replace a
subtraction modification approach with a credit for taxes paid
approach.


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SB 514 (State Historic Sites Checkoff)
The bill was introduced by the Senate Committee on
Assessment and Taxation at the request of Senator Tyson.
Senate Committee on Assessment and Taxation