3505

SILVER HAIRED LEGISLATURE RESOLUTION

NO. 3505

AN ACT concerning income taxation; relating to credits; tax credit for property taxes paid by certain senior citizens; amending K.S.A. 2017 Supp. 79-32,263 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2017 Supp. 79-32,263 is hereby amended to read as follows: 79-32,263. (a) This act shall be known and may be cited as the selective assistance for effective senior relief (SAFESR). There shall be allowed as a credit against the tax liability of a taxpayer imposed under the Kansas income tax act, the following: (a) For tax years 2008, 2009 and 2010, an amount equal to 45% of the amount of property and ad valorem taxes actually and timely paid as described in this section; and (b) for tax year 2011 and all tax years thereafter, an amount equal to 75% of the amount of property and ad valorem taxes actually and timely paid by a taxpayer who is 65 years of age or older and who has household income equal to or less than 120% of the federal poverty level for two persons if such taxes were paid upon real or personal property used for residential purposes of such taxpayer which is the taxpayer’s principal place of residence for the tax year in which the tax credit is claimed meets the requirements as described in subsection (b). The amount of any such credit for any such taxpayer shall not exceed the amount of property and ad valorem taxes paid by such taxpayer as specified in this section. A taxpayer shall not take the credit pursuant to this section if such taxpayer has received a homestead property tax refund pursuant to K.S.A. 79-4501 et seq., and amendments thereto, for such property for such tax year. Subject to the provisions of this section, if the amount of such tax credit exceeds the taxpayer’s income tax liability for the taxable year, the amount of such excess credit which exceeds such tax liability shall be refunded to the taxpayer. The secretary of revenue shall adopt rules and regulations regarding the filing of documents that support the amount of the credit claimed pursuant to this section.

(b) To be eligible for the tax credit described in this section, the following requirements must be met:

(1) The taxpayer must be 65 years of age or older;

(2) (A) For all tax years ending prior to January 1, 2018, the taxpayer must have household income equal to or less than 120% of the federal poverty level for two persons; or

(B) for all tax years beginning after December 31, 2017, the taxpayer must have household income equal to or less than 140% of the federal poverty level for two persons; and

(3) taxes were paid upon real or personal property used as the taxpayer’s principal place of residence for the tax year in which the credit is claimed.

For purposes of this section, “household income” means all income as defined in K.S.A. 79-4502(a), and amendments thereto, including any payments received under the federal social security act, received by persons of a household in a calendar year while members of such household. The provisions of this act shall be part of and supplemental to the homestead property tax refund act.

Sec. 2. K.S.A. 2017 Supp. 79-32,263 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.