This document provides instructions for claiming the Kansas Regional Foundation Contribution Credit tax credit. Taxpayers can claim a 75% credit for contributions made to approved regional foundations. The credit is first used to offset tax liability, with any excess credit refunded to the taxpayer. The credit is limited to $2 million total per year. The instructions provide details on calculating the credit and the required addition modification to the taxpayer's return.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
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1. K-32 KANSAS
REGIONAL FOUNDATION CONTRIBUTION CREDIT
(Rev. 8/07)
For the taxable year beginning, _________________ , 20____ ; ending _________________ , 20____ .
Name of taxpayer (as shown on return) Social Security Number or Employer ID Number (EIN)
If partner, shareholder or member, enter name of partnership, S corporation, LLC or LLP Employer ID Number (EIN)
IMPORTANT: In order to receive this credit, each Regional Foundation must be approved by the Secretary of Commerce and
any contributors to a Regional Foundation must obtain an approved Tax Credit Application from the Regional Foundation.
Complete a separate Schedule K-32 for each regional foundation contributed to this taxable year.
Contributions were made to: ___________________________________________________________________________________
Regional Foundation Name
__________________________________________________________________________________________________________
Street, PO Box, or RR City State Zip Code
Exact date and amount of contributions made this taxable year (if additional space is needed, enclose a separate sheet):
Date Amount Date Amount
_____________________ ______________________ ______________________ _____________________
_____________________ ______________________ ______________________ _____________________
_____________________ ______________________ ______________________ _____________________
PART A – COMPUTATION OF CREDIT AVAILABLE FOR THIS YEAR’S CONTRIBUTION
1. Total contributions made to the approved regional foundation this tax year. 1. ________________
2. Enter your proportionate share percentage. See instructions. 2. ________________
3. Multiply line 1 by line 2. Enter this amount on the applicable line of your return for the required
addition modifications. 3. ________________
75%
4. Authorized credit percentage. 4. ________________
5. Your share of the credit for the contributions made this year. Multiply line 3 by line 4. Form K-120 and
K-130 filers STOP HERE and enter this amount on the appropriate line of your return. See instructions. 5. ________________
PART B – COMPUTATION OF THIS YEAR’S CREDIT (K-40 and K-41 filers ONLY)
6. Enter your total tax liability for this tax year after all credits other than this credit. See instructions. 6. ________________
7. Amount of credit this tax year. nter the amount from line 5 or line 6, whichever is less. Also, enter
E
this amount on the appropriate line of Form K-40 or K-41. 7. ________________
If line 7 is less than line 5, complete PART C.
PART C – COMPUTATION OF REFUNDABLE PORTION OF CREDIT (SEE INSTRUCTIONS)
8. Subtract line 7 from line 5. This is the excess credit to be refunded. Enter this amount on the line
provided on your return (Form K-40 or K-41) for the refundable portion of tax credits. 8. ________________
2. INSTRUCTIONS FOR SCHEDULE K-32
GENERAL INSTRUCTIONS LINE 4 – The credit amount is 75% of the amount contributed
during this tax year and claimed on line 3.
K.S.A. 74-50,154 provides a tax credit against the income,
LINE 5 – Multiply line 3 by line 4. Enter the result on line 5.
privilege or premiums tax for any taxpayer contributing to an
This is the maximum allowable credit.
organization designated and approved by the secretary of
commerce as a regional foundation. A “regional foundation”
K-120 and K-130 filers STOP HERE. Enter the amount on
is an organization in Kansas that meets the criteria in the line 5 of Schedule K-32 in Part 1 of Form K-120, Schedule
law that demonstrates a capacity to provide economic of Refundable Credits; or line 29 of Form K-130.
development services to multi-county areas.
Effective for all taxable years beginning after December
PART B – COMPUTATION OF THIS YEAR’S CREDIT
31, 2004, the credit is 75% of the total amount contributed
(K-40 AND K-41 FILERS ONLY)
during the taxable year to the regional foundation eligible to
offer the credit to its contributors. The total amount of credits
LINE 6 – Enter your total Kansas tax liability after all credits
allowed shall not exceed $2,000,000 per year for fiscal years
other than this credit.
2007 through and including 2012. If the credit allowed a
taxpayer exceeds their tax liability, the excess will be
LINE 7 – Enter the amount from line 5 or line 6, whichever
refunded.
is less. Also, enter this amount on the appropriate line
Contributions. A “contribution” includes the donation of of your return (for example, line 15 of Form K-40).
cash, services or property (other than used clothing) in an
amount or value of $250 or more.
PART C – COMPUTATION OF REFUNDABLE PORTION OF CREDIT
Addition Modification Required. Taxpayers claiming (K-40 AND K-41 FILERS ONLY)
this credit must make an addition modification on the Kansas
return for the amount of any contribution claimed on the
LINE 8 – Subtract line 7 from line 5. This is the excess
federal return and used as the basis for the Regional
credit to be refunded. Enter this amount on the line
Foundation Contribution Credit.
provided on your return for the refundable portion of tax
No Required Enclosures. Do not send any enclosures
credit (for example, line 24 of Form K-40).
with this credit schedule. The Department of Commerce will
provide the Kansas Department of Revenue (KDOR) with
TAXPAYER ASSISTANCE
information required to process this credit, however if
additional information is needed, KDOR reserves the right
to request it at a later date. Questions about the regional foundations eligible to offer
this credit to their contributors should be addressed to:
SPECIFIC LINE INSTRUCTIONS Kansas Department of Commerce
Community Development Division
Complete a separate Schedule K-32 for each 1000 SW Jackson, Suite 100
regional foundation you contributed to during the Topeka, KS 66612-1354
tax year.
Phone: (785) 296-3485
Fax: (785) 296-0186
Enter all requested information at the top of this schedule.
www.kansascommerce.com
PART A – COMPUTATION OF CREDIT AVAILABLE
FOR THIS YEAR’S CONTRIBUTION For assistance in completing this schedule contact:
Taxpayer Assistance Center
LINE 1 – Enter the total contributions made to the regional
Kansas Department of Revenue
foundation this tax year.
Docking State Office Building, 1st Floor
LINE 2 – Partners, shareholders or members: Enter the 915 SW Harrison St.
percentage that represents your proportionate share in Topeka, KS 66625-2007
the partnership, S corporation, LLC or LLP. All other
Phone: (785) 368-8222
taxpayers: Enter 100%.
Hearing Impaired TTY: (785) 296-6461
LINE 3 – Multiply line 1 by line 2, and enter the result on Fax: (785) 291-3614
line 3. This is your share of the contributions made and
claimed as the basis for the credit this tax year. Enter Additional copies of this income tax credit schedule and
other tax forms are available from our web site at
this amount on the applicable line of your return for the
www.ksrevenue.org
required addition modification.