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INSTRUCTIONS FOR K-120EL
GENERAL INFORMATION COMPLETING FORM K-120EL
K.S.A. 79-3288b provides taxpayers with a Type or print all requested information, and
business income election option. For all taxable answer both questions.
years beginning after December 31, 1995, a
The election statement: Note that once made,
taxpayer may elect to have all income derived from
the election becomes effective and cannot
the acquisition, management, use or disposition
be revoked. This business income election is
of tangible and intangible property treated as
binding on all members of a unitary group.
business income. The election will be effective
and irrevocable for the taxable year of the election An officer of the business listed at the top of
and the following nine taxable years. The election the form must sign this election.
is also binding on all members of a unitary group
FILING THE ELECTION
of corporations.
This form must be filed with the Kansas
TIME LIMITS FOR FILING THE ELECTION Department of Revenue within the time limits
The business income election must be established by law for the taxpayer’s filing
submitted to the Kansas Department of Revenue situation and must be sent separately from the
in accordance with these time limits in the law. Income Tax return.
Not currently doing business in Kansas — To ensure receipt of your election, mail the
Taxpayers doing business in Kansas for the first completed form by certified mail to:
time that intend to make the election for its initial
year must file the K-120EL within 60 days after Kansas Corporate Income Tax
filing the articles of incorporation or application PO Box 750260
for authority to engage in business with the Topeka, KS 66699-0260
Kansas Secretary of State. For questions regarding this form or others,
Currently doing business in Kansas — The you can write to the address above or contact
election must be filed on or before the last day of the the Department of Revenue:
the tax year immediately proceeding the tax year
for which the election is made. EXAMPLE: If the Topeka: 785-368-8222
election is for tax year ending December 31, 2017, Fax: 785-291-3614
the election must be filed by December 31, 2016. ksrevenue.org
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