Bank Interest in Kansas for non-resident.
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Bank Interest in Kansas for non-resident.         


Author: jayhawks71
Date: Feb 6, 2008 22:43

I am hoping someone can shed some light on the following:

I used to live in Kansas and had a credit union account there. I moved
from Kansas to Missouri about 4 years ago (2004), but maintained the
credit union account in Kansas. The account earns interest (a few
hundred dollars a year). So, I have two questions: 1) Do I have to
file a tax return in Kansas for the interest? 2) If yes, would I end
up owing Kansas tax on that interest even though I claimed the
interest on my MO tax.

Thank you in advance for any knowledgeable response.
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Re: Bank Interest in Kansas for non-resident.         


Author: Paul Thomas, CPA
Date: Feb 7, 2008 05:07

"jayhawks71" gmail.com> wrote
> I used to live in Kansas and had a credit union account there. I moved
> from Kansas to Missouri about 4 years ago (2004), but maintained the
> credit union account in Kansas. The account earns interest (a few
> hundred dollars a year). So, I have two questions: 1) Do I have to
> file a tax return in Kansas for the interest?

Nope.

It is taxable to Missouri though.

--
Paul A. Thomas, CPA
Athens, Georgia
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Re: Bank Interest in Kansas for non-resident.         


Author: Katie
Date: Feb 7, 2008 12:36

On Feb 6, 10:43 pm, jayhawks71 gmail.com> wrote:
> I am hoping someone can shed some light on the following:
>
> I used to live in Kansas and had a credit union account there. I moved
> from Kansas to Missouri about 4 years ago (2004), but maintained the
> credit union account in Kansas. The account earns interest (a few
> hundred dollars a year). So, I have two questions: 1) Do I have to
> file a tax return in Kansas for the interest? 2) If yes, would I end
> up owing Kansas tax on that interest even though I claimed the
> interest on my MO tax.
>

Under Kansas law, a nonresident is subject to tax on income from
intangibles (such as bank accounts) only to the extent that the
intangible is employed in a business, trade or profession in Kansas.
Kan. Stat. Ann. §79-32,109(h)(8) . Some states describe this
distinction as a "business situs" of the intangible.
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Re: Bank Interest in Kansas for non-resident.         


Author: BeanTownSteve
Date: Apr 3, 2008 15:29

>
What the paragraph that you quoted from the
> instructions means, of course, is that if you are a
> nonresident of Kansas, the interest from your credit union
> account in Kansas is not Kansas source income to you. That's
> exactly what the experts in this group told you.
>
Oh, I almost wonder and hesitate. Does it change the matter since
it's a
credit union rather than a bank and he's an "owner" in the amount of
his cu shares?
Could it be that this might be construed as a Kansas Business
income
rather than interest?? It seems pretty out there to me but.....
> <>
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Re: Bank Interest in Kansas for non-resident.         


Author: Katie
Date: Apr 6, 2008 20:17

On Apr 3, 3:29 pm, BeanTownSteve gmail.com> wrote:
>
>
>  What the paragraph that you quoted from the> instructions means, of course, is that if you are a
>> nonresident of Kansas, the interest from your credit union
>> account in Kansas is not Kansas source income to you. That's
>> exactly what the experts in this group told you.
>
> Oh, I almost wonder and hesitate.  Does it change the matter since
> it's a
> credit union rather than a bank and he's an "owner" in the amount of
> his cu shares?
>   Could it be that this might be construed as a Kansas Business
> income
> rather than interest??  It seems pretty out there to me but.....

No, It's income from an intangible asset (the CU account) and has its
source at the residence of the owner. Not taxable by Kansas.
Doesn't matter whether it is called interest or a dividend; the result
is the same.
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