Kansas Department of Commerce Incentives

As the state’s lead economic development agency, the Kansas Department of Commerce strives to empower individuals, businesses and communities to achieve prosperity in Kansas. Commerce accomplishes its mission by developing relationships with corporations, site location consultants and stakeholders in Kansas, the nation and world. Our strong partnerships allow us to help create an environment for existing Kansas businesses to grow and foster an innovative, competitive landscape for new businesses. Through Commerce’s economic development successes, Kansas was awarded Area Development Magazine’s prestigious Gold Shovel award in 2021, 2022 and 2023, and was awarded the 2021 and 2022 Governor’s Cup by Site Selection Magazine.

KANSAS BUSINESS INCENTIVES

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Kansas is truly a state where the unexpected happens every day. We look forward to being your next partner.

Kansas has been, and continues to be, aggressive in its efforts to grow our economy. Major companies such as Merck Animal Health, Urban Outfitters, Garmin, Hill’s Pet Nutrition, Panasonic, Schwan’s, Amazon, Hostess Brands, Coca-Cola and Kubota all have chosen Kansas as their preferred business location. These companies selected Kansas due to the business advantages our state offers, which can translate to increased performance and profits.

The Kansas Department of Commerce is the lead economic development agency in the state. Our goal is to enhance the business climate by bringing businesses to Kansas and assisting businesses that already call our state home.

The business development team at the Kansas Department of Commerce is available as a resource during your site selection or expansion process. Whether you’re searching for a site location or a building, our team has the resources available to help you make an informed decision.

Our team creates customized incentive proposals based on capital investment, job creation, employee compensation and training. They also coordinate with local economic development professionals to develop proposals that include local incentives such as discounted building and land purchases, property tax reductions, build-to-suit agreements and other financing packages. Find your partner for growth in Kansas.

www.kansascommerce.gov/businesses

The Diverse Kansas Economy

Kansas’ economy is diverse, and we are home to impressive industry hubs. Known as the Air Capital of the World, Wichita is home to major aviation players like Spirit AeroSystems, Bombardier and Textron Aviation, and Logistics Park Kansas City is a heartland logistics hub with global reach. In addition, the Animal Health Corridor stretches from Kansas City to Manhattan, and our agricultural prowess is on full display across the state. No one industry accounts for more than 18% of employment.

Kansas ranks amongst the most educated workforces in the United States.

Business Development

The business development team at the Kansas Department of Commerce is available as a resource during the site selection process. Whether you’re searching for a site location or a building, our team has the resources available to help you make an informed decision.

Kansas Tax Advantages

• No Franchise Tax

• No Inventory Tax

• No Local Income Tax on Earnings

• No Personal Property Tax on Machinery and Equipment

• No Alternative Minimum Tax

• No Gross Receipts Tax

Industry Diversity

Kansas is committed to supporting businesses of all sizes and sectors, from manufacturing to agriculture.

Corporate Headquarters

AMC Entertainment Holdings Inc.

Black & Veatch

B&W Trailer Hitches

Cobalt Boats

Dairy Farmers of America

Dillons

Foley

Hill’s Pet Nutrition

Hostess

Euronet Worldwide Inc.

Ferrellgas

Garmin

Koch Industries

Seaboard Corp

Spirit AeroSystems

Textron Aviation

Plus nearly 600 international establishments employing more than 69,000 Kansans including Panasonic, Kubota and many more.

Finance Programs

PROMOTING EMPLOYMENT ACROSS KANSAS

Promoting Employment Across Kansas (PEAK) offers qualified companies the ability to retain 95% of their payroll withholding tax for five to 10 years. The number of years that the withholding tax can be retained depends on the aggregate median wage of all PEAK jobs/employees as compared to the relevant county median wage. If the aggregate median wage of the new jobs does not qualify the project for PEAK, the aggregate average wage of the new jobs can be used. Qualifying through the use of the average wage limits the benefits received. A PEAK application must be submitted before locating or creating PEAK-eligible jobs in Kansas.

PEAK is available for new or relocated operations in Kansas as well as operations currently in the state that are expanding.

QUALIFYING CRITERIA:

1. For-profit entities in an eligible NAICS category or forprofit entities locating a headquarters or administrative office serving an international or national region

2. Not-for-profit entities locating a new national or international headquarters in Kansas

3. Relocate or create within two years, a minimum of five new jobs to non-metropolitan areas or 10 new jobs to metropolitan areas (Shawnee, Douglas, Wyandotte, Johnson, Leavenworth and Sedgwick counties) in Kansas

4. Aggregate median wage of all PEAK jobs/employees must exceed the relevant county median wage or, if the aggregate median wage of the PEAK jobs/employees does not qualify the project for PEAK, the aggregate average wage of the jobs can be used.

5. Offer adequate health insurance coverage and pay at least 50% of the premium for health insurance for fulltime employees

REMOTE WORK POLICY

The Kansas Department of Commerce is now able to include employees who work from home in our incentive programs. In addition to employees who work at the Kansas business facility, we can now include a remote workforce. For these individuals to qualify, they must pay withholdings to the State of Kansas, appear on the Kansas Department of Labor reports and receive his or her direction from the project facility located in Kansas. In addition, employees must also meet all other program related requirements.

INDUSTRIAL REVENUE BONDS

Industrial revenue bonds (IRBs) are issued by cities and counties to provide funds for credit-worthy companies to purchase land, pay the cost to construct and equip new facilities or to purchase, remodel or expand existing facilities. IRBs allow for fixed-rate financing for the life of the bond for the project. Industrial revenue bonds allow the construction of real property to be eligible for property tax abatement in Kansas by a local governing body. Kansas law allows for a maximum 10-year real property tax abatement commencing the year after the bonds are issued. Another benefit of IRBs is a state and local sales tax exemption on the cost of building materials and labor, as well as fixed items of machinery and equipment.

COMMUNITY DEVELOPMENT BLOCK GRANTS

The Community Development Block Grant (CDBG) Economic Development program is a source of financing for companies that are expanding an existing facility or starting a new operation in a non-metropolitan area of Kansas. The maximum amount of funds available is $750,000 per project. There are two parts to the program: business finance and infrastructure.

Under the business finance component, funds are available for working capital, machinery and equipment and real property. The interest rate is currently set at 4%. The term of the loan is based on the class of the asset being financed. The working capital loan has a term of five years, machinery and equipment has a term of 10 years and real property is for 15 years. If the project finishes by the end of the 24-month contract period without any issues, delays, etc., a 25% discount will be applied to the principal portion of the loan at the time of project closure.

Under the infrastructure component, funding is available for water lines, sewer lines, roads, rail spurs and pre-treatment facilities. Infrastructure funding requires that 25% of the funds be paid back over a 10-year period at a rate of 0%, which is done through a special assessment on the real property. In order to obtain the funds, the city or county applies on behalf of the private business.

Applications are accepted from January 2 through December 4. Funding requires the creation or retention of one full-time job up to a salary of $35,000. The maximum amount of CDBG assistance is $750,000. At least 51% of the jobs created or retained must meet HUD’s low- and moderate-income (LMI) test, which is based on median family income in the county in which the project is located.

TAX INCREMENT FINANCING (TIF)

Tax Increment Financing (TIF) is a real estate redevelopment tool applicable to industrial, commercial and intermodal transportation areas and residential projects. TIF uses the increase in local taxes (property, sales, use and franchise fees) to retire the bonds sold to finance eligible redevelopment project costs.

Funds raised through TIF may be used for eligible redevelopment project costs approved by the city, such as land acquisition, site preparation, infrastructure, parking structures and other related costs. TIF cannot be used for the construction of privately owned buildings. Financing is available from TIF on a pay-as-you-go reimbursement process. The bonds are primarily secured by the incremental increase in property taxes within the redevelopment district as a result of new construction or rehabilitation but may also be general obligations of the city. TIF works for both privately and publicly owned land to be sold for redevelopment. Advance commitment by a developer to the project is essential. TIF cannot be used speculatively to prepare a site for development. TIF generally allows the financing of land acquisition and other eligible costs to be tax-free borrowing at generally lower interest costs and offers businesses the opportunity to purchase renovated sites at submarket costs.

STAR BOND FINANCING

Sales Tax and Revenue (STAR) Bonds allow municipalities to finance tourism, entertainment attractions, and rural redevelopment, as well as headquarters or office developments resulting in new visitors. This program uses state and local sales tax revenue generated by the project as a source of revenue to retire bonds issued to finance eligible project costs. In metropolitan areas, STAR Bonds can

be used only for projects with anticipated capital investment of $75 million and at least $75 million in projected gross annual sales. This includes at least $40 million each if the project is in a metropolitan area with a population between 50,000 and 75,000 and the project is deemed of high value by the Secretary of Commerce.

STAR Bond projects in rural areas have no specific financial threshold but must be of major regional or statewide significance. Generally, STAR Bond financing is used in connection with large retail projects that contain an entertainment and/or tourism destination component.

Legislation passed in 2023 amends STAR bonds by adding rural redevelopment projects and major business facilities; changing certain project financing; investment and sales provisions; adding a visitor tracking plan requirement and additional feasibility study requirements with oversight by the Secretary; requiring approval by the Secretary for real estate transfers; requiring district contiguity; and extending the sunset date for five years.

Sales Tax and Revenue (STAR) Bonds

Amelia Earhart Hangar Museum Atchison

Training & Hiring Assistance

A wide variety of services are available through Kansas Workforce Centers located throughout the state. Services include statewide and national job listings, applicant pre-screening, space for interviews and job fairs, assistance with interview scheduling, applicant assessment services and testing, military veteran services and current labor market information. These services are available to all Kansas employers at no cost and may be accessed through kansasworks.com or by contacting the local Kansas Workforce Center.

EMPLOYEEE TRAINING PROGRAMS

Both the Kansas Industrial Retraining (KIR) and Kansas Industrial Training (KIT) provide direct financial assistance for the training of jobs in Kansas. The programs can be structured as classroom training, on-the-job training, self-directed training or a combination of the three approaches. The program can pay the negotiated costs for instructors’ salaries, video development, textbooks and training manuals, supplies and materials and curriculum planning and development. Travel expenses are allowed expenses under this program. Eligible expenses include airfare, ground transportation (including rideshare, car rental, trains and personal mileage reimbursement), and certain lodging and per diem allowances. The total amount of the travel will not exceed 50% of the entire award.

To access the funding, the company prepares a plan which identifies trainers, trainees, the type of training and the estimated cost. Once approved, the funding is allocated based on actual reimbursement of training expenditures per the plan and contract with the Department of Commerce. All contracts will be written for 12 months; however, a company can close early on the contract if desired. Requests for reimbursement are accepted at the end of the project. Reimbursement requests must be made within 90 days after the project ends, or the company risks losing the incentive.

KANSAS INDUSTRIAL RETRAINING

The KIR program is a job retention tool that helps employees of restructuring companies who are likely to be displaced because of obsolete or inadequate job skills and knowledge. The company is required to provide at least a dollar for dollar match.

QUALIFYING CRITERIA:

1. To participate, a company must retrain at least one existing position at an average wage equal to or greater than the median wage for their county.

2. Firms must show they are restructuring their business operations or retraining their workforce due to incorporation of existing technology, development and incorporation of new technology or development and implementation of new production.

3. A company must show that employees to be trained are likely to be displaced because of obsolete or inadequate job skills and knowledge.

KANSAS INDUSTRIAL TRAINING

The KIT program is direct financial assistance for the training of net new jobs to Kansas.

QUALIFYING CRITERIA:

1. The average wage must be equal to or higher than the median wage for the county in which it is located.

2. More than 50% of the revenues for the operation need to come from outside of Kansas.

3. Firms must show they are creating at least one net new job in Kansas. For expanding companies, a “net new job” is any job that is created over and above the employee base, which is determined by calculating the average number of permanent full- and part-time employees over the preceding 12 months.

Tax Credits & Incentives

HIGH PERFORMANCE INCENTIVE PROGRAM

The High Performance Incentive Program (HPIP) offers a 10% corporate income tax credit on the qualified capital investment of an eligible company. Investment can include purchase or lease of a facility or equipment, remodeling or build-out costs, fixtures, furniture and business equipment. Equipment transferred into Kansas is also credited at the original acquisition cost.

The minimum investment threshold to qualify for HPIP is $1 million for the urban counties of Douglas, Johnson, Sedgwick, Shawnee and Wyandotte. For all other counties, the minimum investment threshold is $50,000.

For any investment in which the company anticipates claiming a tax credit through HPIP, a project description form must be submitted before the company commits to that investment. The HPIP credits can reduce or eliminate a company’s Kansas corporate income tax liability and must be used within a consecutive 16-year period.

QUALIFYING CRITERIA:

1. Classify as a headquarters or ancillary support “back-office” operation of a national or multi-national corporation in any NAICS category.

2. Pay salaries that are above average for similar types of businesses within the county/region of Kansas where the company locates.

3. Be either a manufacturer or able to document that 51% or more of its sales are to either Kansas manufacturers and/or out-of-state businesses or government agencies.

HIGH PERFORMANCE INCENTIVE PROGRAM

TAX CREDIT TRANSFERS

For projects placed into service on and after January 1, 2021, a taxpayer may sell or transfer up to 50% of the tax credit allowed. The taxpayer may sell or make a transfer to one or more transferees, but the total of all transfers shall not exceed 50% of the taxpayer’s tax credit. An HPIP certified company may request up to two transfers a year. The taxpayer shall make the transfer or transfers within a single tax year. The credit may be sold or transferred to any individual or entity and shall be claimed in the year the credit was transferred against the transferee’s tax liability for the income tax under the Kansas income tax act or the premium tax, privilege fees, or the privilege tax.

The amount of the credit that exceeds the transferee’s tax liability for such year may be carried forward for credit in the succeeding taxable year or years until the total amount of the tax credit is used, except that no such credit shall be carried forward for deduction after the 16th taxable year succeeding the taxable year in which such credit was initially claimed.

In the event the tax credit earned by the taxpayer and transferred to a transferee is later disallowed in whole or in part by the Secretary of Revenue, the taxpayer that originally earned the tax credit shall be liable for repayment to the state in the amount disallowed.

PROPERTY TAX INCENTIVES

Both real and personal commercial property is assessed at 25%. The 25% rate is multiplied by the appraised value of the property to get an assessed value. This assessed value is multiplied by the city or county mill levy rate to get the property tax figure. However, there are real and personal property tax abatement and exemption programs available for tax savings.

REAL PROPERTY TAX ABATEMENT

State law allows a 100% property tax abatement for 10 years on real property if industrial revenue bonds are utilized, or it qualifies under the Kansas Constitution, which allows companies that manufacture articles of commerce, conduct research and development or store goods or commodities sold in interstate commerce to receive a property tax abatement. Tax abatement on real property is offered by the city or county where the property is located.

PERSONAL PROPERTY TAX EXEMPTION

Kansas law exempts the property tax on commercial and industrial machinery and equipment purchased or transferred into Kansas after June 30, 2006. The personal property tax exemption continues each year under the law.

This personal property tax exemption is unique and offers significant savings each year to companies. Savings will depend on the fair market value of the property, depreciation, the local mill levy rate and whether all equipment qualifies for the property tax exemption. The exemption can cover such items as computers, furniture, office equipment, business machinery and manufacturing and warehouse equipment.

Tax Credits & Incentives

EXPENSING

Eligible Kansas taxpayers can claim an expense deduction for business machinery and equipment placed in service in Kansas during the tax year. C-Corporations may claim the expense deduction against the corporate income tax liability. Privilege taxpayers may claim the expense deduction against the privilege tax liability.

The one-time deduction is allowed for each qualified purchase of machinery and equipment in the year that it is placed in service. The unused expense deduction is treated as a Kansas net operating loss that may be carried forward for 10 years. The Kansas net operating loss deduction is only available to C-Corporations. Eligible investment is machinery and equipment depreciable under the Modified Accelerated Cost Recovery System (MACRS) in section 168 of the Internal Revenue Code, or canned software as defined in section 197 of the Internal Revenue Code. Examples of eligible equipment include manufacturing equipment, office furniture, computers, software and racking. Part of the deduction is recaptured if the property is later sold or moved outside of Kansas during its applicable recovery period.

A more detailed description of the benefit and example can be found in the “Expensing Primer” at ksrevenue.org/pdf/SB196ExpensingDeduction.pdf

RESEARCH & DEVELOPMENT TAX CREDIT

Kansas offers an income tax credit equal to 6.5% of a company’s investment in research and development (R&D) above an average of the actual expenditures in R&D made in the taxable year and the two immediate preceding taxable years. Only 25% of the allowable annual credit may be claimed in any one year.

Any remaining credit may be carried forward in 25% increments until exhausted. Expenditures in R&D activities are defined as those expenses that are allowable as deductions under the federal Internal Revenue Code.

This credit is only available to C-Corporations subject to the Kansas corporate income tax. This credit is not available to individuals, partnerships, S-Corporations, limited liability companies or other pass-through entities.

ANGEL INVESTOR TAX CREDITS

The Kansas Angel Investor Tax Credit facilitates the availability of equity investment in businesses in the early stages of commercial development to assist in the creation and expansion of Kansas businesses by granting tax credits against the Kansas income tax liability of investors investing in these businesses. The program encourages individuals to provide seed-capital financing for emerging Kansas businesses engaged in the development, implementation and commercialization of innovative technologies, products and services.

QUALIFYING CRITERIA:

1. A Kansas company with headquarters in Kansas

2. Demonstrates a reasonable chance of success and potential to create measurable employment within Kansas (60% of employees or 80% of operations must be in Kansas).

3. In the most recent tax year of the business, annual gross revenue was greater than $5 million

4. Non-bioscience businesses must have been in operation more than 5 years; bioscience businesses must have been in operation more than 10 years.

5. Utilizes an innovative and proprietary technology, product, or service.

6. Existing business owners can demonstrate a substantial financial and time commitment to the business.

7. The securities to be issued and purchased are qualified securities (Equity/SAFE). Securities offered through crowdfunding and convertible notes are not eligible

8. Can commit to required reporting of business information to KDC.

9. Signed Qualified Company Agreement with the KDC.

10. Investors in the business must be able to receive tax credits for cash investments in qualified securities of the business. This is beneficial as funding otherwise available for the business is not available on commercially reasonable terms.

OPPORTUNITY ZONES

Opportunity Zones, an economic development tool enacted by the Federal Tax Cuts and Jobs Act of 2017, offers investors preferential tax treatment for capital gains invested in low-income communities designated as Opportunity Zones. The program is designed to

Tax Credits & Incentives

encourage long-term investment in economically distressed areas and promote economic growth. These investments will provide support to projects focused on a wide array of issues including downtown revitalizations, improvements to workforce housing and expansions of industrial parks and innovation districts.

Kansas has 74 census tracts designated as Qualified Opportunity Zones that are now eligible to receive investments through Qualified Opportunity Funds (QOF) to spur economic growth in their communities. The Opportunity Zone program offers investors tax incentives including deferral and reduction of capital gains taxes when the gain is invested in a QOF and maintained for a period of at least five years. Investors can defer tax on any prior gains invested in a QOF until the earlier of the date on which the investment is sold or exchanged, or December 31, 2026. If the QOF investment is held for longer than five years, there is a 10% exclusion of the deferred gain. After seven years, the 10% becomes 15%. If the investor holds the QOF investment for at least 10 years, the investor is eligible for a permanent exclusion from taxable income of capital gains accrued on the QOF investment.

CENTER FOR ENTREPRENEURSHIP CREDIT

Taxpayers, including corporations that invest in the Kansas Center for Entrepreneurship, can claim a state income tax credit of 75% of the amount donated. The minimum investment to claim the tax credit is $250, and the tax credit is limited to a total of $2 million for any fiscal year.

The tax credit is limited to $100,000 per individual contributor per tax year. Funds will be used for awards to regional and community organizations that provide seed capital to qualified entrepreneurs, especially those located in distressed and rural communities.

CHILDCARE FACILITIES

These tax credits are offered against Kansas income tax liability for businesses providing childcare services to employees. These credits are available to taxpayers who pay for or locate childcare services for their employees or provide facilities and necessary equipment for childcare services.

The credit is 30% of the amount spent in Kansas during the tax year for childcare services purchased for the dependent children of the taxpayer’s employees. However, the credit for any taxpayer cannot exceed $30,000 for any tax year.

Employers wishing to establish a childcare facility primarily for the employees’ dependent children can claim additional benefits. Facilities must be licensed or registered in Kansas. The total amount of childcare facility credits that may be claimed for any fiscal year cannot exceed $3 million statewide. A credit of up to 50% of the amount spent to establish a childcare facility can be taken, up to $45,000 per taxpayer, during the first year. One or more taxpayers may work together to establish such a facility. After the year of establishment, the annual credit for the taxpayer would be 30% of the amount expended for the annual operation of the facility, but not to exceed $30,000 for any tax year.

Amounts received by the taxpayer as payment for use of the childcare services are subtracted from the annual cost of operating the facility. This credit is not available to individuals, partnerships, S-Corporations, limited liability companies or other pass-through entities. This credit is only available to C-Corporations subject to Kansas corporate income tax.

DISABLED ACCESS TAX CREDIT

Taxpayers who spend funds to make all or any portion of an existing building or facility accessible to persons with a disability are entitled to this tax credit. The building or facility must be on real property located in Kansas and used in a trade, business or for the production of income.

The tax credit available is equal to 50% of expenditures or $10,000, whichever is less for a business taxpayer. The tax credit is applied against the income tax, premium tax or privilege fees and shall be deducted from the taxpayer’s tax liability in the taxable year in which the expenditures are made.

Tax Credits & Incentives

INSURANCE TAX & SALARY TAX CREDIT

The premium tax rate for domestic and foreign insurance companies doing business in Kansas is 2%, and the tax rate for domestic and foreign health maintenance organizations doing business in Kansas is 3.31%. Kansas law provides for a tax credit for insurance companies equal to 15% of its Kansasbased employees’ salaries (not including commissions or fringe benefits), or up to a maximum of 1.125% of taxable premiums dependent on the company. The company can claim either the 15% credit or up to the 1.125%, whichever is less. This could make the effective tax rate on such companies as low as 0.875%. This is an annual credit that is recalculated each year.

For example, if a company qualified for the 15% tax credit, the estimated credit would be calculated as follows: 100 jobs at a $50,000 salary produces an annual payroll of approximately $5 million. The 15% salary credit would generate a yearly tax credit of $750,000, which can offset up to 1.125% of the company’s 2% premium tax.

Insurance companies may also qualify for the High Performance Incentive Program (HPIP) tax credits to further offset their tax liability.

PROPERTY TAX EXEMPTION FOR RENEWABLE ENERGY GENERATION

Kansas offers a property tax exemption for projects producing electricity from renewable sources, including wind, solar, photovoltaic, biomass, hydropower, geothermal or landfill gas resources. The exemption applies to all property actually and regularly used predominantly in the generation of electricity from renewable sources, whether it is an industrial, commercial, utility or personal application. Exemptions granted for new renewable energy facilities are limited to the 10 years immediately following the taxable year in which construction or installation of the property is completed.

BIOMASS-TO-ENERGY PLANT TAX EXEMPTION AND DEDUCTION

This incentive offers a tax deduction from Kansas adjusted gross income based on the amortized costs of a new facility

or expansion of an existing biomass-to-energy plant. The deduction is equal to 55% of the amortized costs of the facility for the first taxable year and 5% for the next nine years.

Any new or expanded biomass-to-energy plant is exempt from all property taxes levied at the time of purchase and after or at the start of construction or installation of such property and for 10 years immediately following the taxable year in which construction or installation of the property is completed. The Kansas Development Finance Authority is authorized to issue revenue bonds in amounts sufficient to pay the costs of construction or expansion.

Sales Tax Exemptions

The Kansas state sales and use tax is 6.5%. Cities and counties may collect additional sales tax; however, Kansas has a variety of sales tax exemption programs to reduce this sales tax liability.

HPIP – SALES TAX EXEMPTIONS FOR CONSTRUCTION REMODEL, EQUIPMENT & FURNISHINGS

Companies eligible for the High Performance Incentive Program (HPIP) can apply for a Project Exemption Certificate (sales tax exemption). This is a 100% sales tax exemption on items used to construct, buildout, remodel, furnish and equip a worksite. The exemption covers the eligible taxable purchases made by the legal entity submitting the application.

QUALIFYING CRITERIA:

1. Companies applying for the sales tax exemption under the HPIP Program need to qualify for HPIP certification.

2. A Request for Project Exemption Certificate (sales tax exemption) should be filed with the Kansas Department of Revenue prior to making taxable purchases related to the project. An HPIP certification letter from the Kansas Department of Commerce is needed for the sales tax exemption to be approved and issued.

SALES TAX EXEMPTIONS BY STATE STATUTE

Kansas has several sales tax exemptions available by state statute that offer significant savings to companies:

AGRICULTURAL EXEMPTION – INGREDIENT OR COMPONENT PART

Exempts from sales and use tax: ingredient or component parts consumed in production; propane for agricultural use, farm or aquaculture machinery or equipment; repair or replacement parts or labor services on farm or aquaculture machinery or equipment that will be used exclusively in farming, ranching or aquaculture; seeds and tree seedlings; fertilizers, insecticides, herbicides, germicides, pesticides, fungicides; and services purchased and used for the purpose of producing plants in order to prevent soil erosion on land devoted to agricultural use. Farmers, ranchers, feedlots, fisheries, grass farms, nurseries, Christmas tree farms, custom cutters, crop dusters and others engaged in farming, ranching, aquaculture or farm and ranch work for hire are entitled to this exemption.

AGRICULTURAL EXEMPTION – SALES TAX EXEMPTION

Exempts sales and use tax on tangible personal property or services purchased for the construction, reconstruction, enlarging or remodeling of a business. Exemption applies to cattle feedlots; dairy cattle and milk production; hog and pig farming; poultry and egg production; and sheep and goat farming. The sale and installation of machinery and equipment purchased for installation at the business shall also be exempt from sales tax. Only those projects that have total actual costs of $50,000 or more will qualify.

IRB SALES TAX EXEMPTION

Exempts sales and use tax on tangible personal property purchased by a city from the proceeds of industrial revenue bonds. The cost of the building and equipment are entitled to an exemption from Kansas sales tax at the time of initial purchase.

LABOR SERVICES USED IN ORIGINAL CONSTRUCTION

Labor services involving the installation or application of tangible personal property performed in connection with the original construction of a building or facility are exempt from sales tax.

EXEMPTIONS FOR MANUFACTURERS BY STATE STATUTE

MANUFACTURING MACHINERY AND EQUIPMENT

Exempts all sales and use tax for machinery and equipment used as an integral or essential part of an integrated production operation by a manufacturing or processing plant or facility.

INGREDIENT OR COMPONENT PART EXEMPTION

Exempts all sales of tangible personal property that becomes an ingredient or component part of tangible personal property or services produced, manufactured or compounded for ultimate sale at retail within or outside the state of Kansas.

CONSUMED IN PRODUCTION

Exempts all sales of tangible personal property consumed in the production, manufacture, processing, mining, drilling, refining or compounding of tangible personal property. This also includes the treatment of waste or by-products derived from any such production process, the providing of services or the irrigation of crops for ultimate sale at retail within or outside the state of Kansas.

ELECTRICITY, GAS AND WATER CONSUMED IN MANUFACTURING

Exempts sales tax (state and local) on utilities that are consumed in the production, manufacturing, processing, mining, drilling, refining or compounding of tangible personal property or treatment of byproducts or wastes of any above processes.

LABOR SERVICES FOR THE INSTALLATION AND REPAIR OF MACHINERY AND EQUIPMENT

Exempts all labor services to install, repair or maintain the manufacturing machinery and equipment, and all repair parts, replacement parts and accessories for qualified equipment. These include, but are not limited to: dies, jigs, molds, patterns and safety devices that are attached to the exempt equipment; and parts and accessories that require periodic replacement such as belts, cutting bars, drill bits, grinding balls and wheels, saws and refractory brick and other refractory items for exempt kiln equipment used in production operations.

MANUFACTURING MACHINERY AND EQUIPMENT USED IN HANDLING OR STORING

Exempted items include equipment used to receive, transport, convey, handle, treat or store raw materials in preparation for their placement on the production line; property undergoing manufacture at any point from the beginning to the end of the process and machinery that deals with by-products of production.

AIRCRAFT EXEMPTION CERTIFICATE

Exempts all sales of aircraft including remanufactured and modified aircraft sold to persons using directly or through an authorized agent, sales of aircraft repair, modification and replacement parts and sales of services employed in the remanufacture, modification and repair of aircraft.

VEHICLE AND AIRCRAFT EXEMPTION CERTIFICATE

Exempts the sale and delivery in Kansas of a motor vehicle,

semitrailer, pole trailer or aircraft to a purchaser who is a “bona fide” resident of another state, provided the purchaser will remove the vehicle or aircraft from Kansas within 10 days and base and register

it in another state. Motor vehicles include cars, trucks, SUVs, vans, motorhomes and motorcycles designed for highway use.

ENERGY INCENTIVES

As a leader in renewable energy, Kansas offers an immediate advantage to companies committed to meeting corporate sustainability goals from renewable sources. In 2019, wind energy surpassed coal for the first time as the largest energy source for generating electricity in Kansas. Wind energy provided 47% of electricity generation in Kansas in 2022, the third-largest share for any state.

Kansas is committed to the growth of this industry by developing additional wind farms and a strong supply chain. In addition, the state has a strong solar rating, supporting growth in residential and commercial solar energy use.

Kansas is also among the top 10 states in the production of biofuels, with multiple operating ethanol facilities across the state and strong potential for biogas, biodiesel and related operations. Kansas has several incentive programs to lower the cost of the development of renewable energy projects in the state.

WASTE HEAT UTILIZATION SYSTEM TAX EXEMPTION AND DEDUCTION

A waste heat utilization system includes facilities and equipment for the recovery of waste heat created in the process of generating electricity and the use of such heat to generate additional electricity or to produce fuels from renewable energy resources or technologies.

The incentive offered is a deduction from Kansas adjusted gross income based on the amortized costs of a waste heat utilization system. The deduction shall be equal to 55% of the amortizable costs of the system for the first taxable year and 5% for the next nine years.

Any waste heat utilization system is exempt from all property taxes levied at the time of purchase and after or at the start of construction or installation of such property and for 10 years immediately following the taxable year in which construction or installation of such property is completed.

The Kansas Development Finance Authority is authorized to issue revenue bonds in amounts sufficient to finance the construction of waste heat utilization systems at electric generation facilities.

CARBON DIOXIDE CAPTURE/SEQUESTRATION TAX EXEMPTION AND DEDUCTION

A deduction from Kansas adjusted gross income can be offered on the amortizable costs of carbon dioxide capture, sequestration or utilization machinery and equipment over a period of 10 years. The amortization deduction is equal to 55% of the amortized costs of the machinery and equipment for the first taxable year in which they are placed into operation, and 5% of the amortized costs in each of the next nine years. The taxpayer can claim the deduction by filing a statement with the Secretary of Revenue.

Any carbon dioxide capture, sequestration or utilization property and any electric generation unit that captures and sequesters

all carbon dioxide and other emissions is exempt from property taxes starting at time of purchase, or at the start of construction or installation of the property and for five years immediately following the taxable year in which construction or installation of the property is completed.

ALTERNATIVE-FUEL FUELING STATION TAX CREDIT

Qualified expenditures for eligible alternative-fuel fueling stations may receive a credit against Kansas income tax. For any qualified alternative-fuel fueling station placed into service, the credit allowed is 40% of the total amount expended but not to exceed $100,000 for each fueling station. This credit is only available to C-Corporations subject to the Kansas corporate income tax. This credit is not available to individuals, partnerships, S-Corporations, limited liability companies or other pass-through entities.

ALTERNATIVE-FUELED MOTOR VEHICLE TAX CREDIT

Qualified expenditures for eligible alternative-fueled motor vehicles may be allowed a credit against Kansas income tax for any qualified alternative-fueled motor vehicle placed into service. The credit is equal to 40% of the incremental cost or conversion cost for each qualified vehicle expended, but not to exceed $2,400.

The tax credit for motor vehicles capable of operating on a blend of 85% ethanol and 15% gasoline is allowed only if the individual claiming the credit furnishes evidence of purchasing 500 gallons of an ethanol and gasoline blend during the period of time starting with the vehicle purchase and ending on December 31 of the next calendar year. This credit shall only be available to C-Corporations subject to Kansas corporate income tax. This credit is not available to individuals, partnerships, S-Corporations, limited liability companies or other pass-through entities.

International Trade & Investment

The International Division works directly with Kansas companies to increase sales of products and services in international markets.

The international team also takes an active role in recruiting international businesses to the state. It uses global marketing initiatives to enhance awareness of Kansas around the world and to help Kansas businesses reach the largest possible market. These initiatives also promote the advantages of doing business in Kansas to recruit international investment to the state.

INTERNATIONAL DEVELOPMENT

Commerce’s international business recruitment experts assist international companies or their consultants that are considering Kansas for new facilities. Assistance includes information on locations, developing incentive proposals, coordinating in-state site visits, serving as a liaison with other state agencies and serving as a single Kansas contact to ensure project confidentiality.

FOREIGN TRADE ZONES

Foreign trade zones (FTZ) are areas within the United States where foreign and domestic goods are not within U.S. Customs Territory. Therefore, users are exempt from paying duty while goods remain in the zone or are exported.

Kansas’ FTZs are Alternative Site Framework (ASF) designated. Companies in the designated region are not restricted to a site-specific FTZ, as the entire county is eligible for FTZ benefits. This streamlined approach offers companies the ability to choose a site within the region that fits their needs, allowing for a quicker turnaround time and lower costs.

The Kansas City FTZ (Zone 17) currently includes nine counties: Atchison, Douglas, Franklin, Jefferson, Johnson, Leavenworth, Miami, Shawnee and Wyandotte. The grantee of the zone is the Greater Kansas City Foreign Trade Zone, Inc., who is also the grantee of the Kansas City, Missouri FTZ (Zone 15). Combined, the Kansas City Zones represent one of the largest in the country, offering more space and handling more volume than those of Chicago, Dallas, Denver, Minneapolis and St. Louis. Those who seek FTZ designation may receive a response in as early as six weeks. The Wichita FTZ (Zone 161) currently includes seven counties: Butler, Harvey, McPherson, Reno, Saline, Sedgwick and Sumner. The grantee of the zone is the Board of County Commissioners of Sedgwick County.

Wichita FTZ

Kansas City FTZ

EXPORT ASSISTANCE

Assistance is provided to Kansas companies wishing to begin or expand their international marketing efforts. Our agency staff can provide direct counsel on exporting products; offer export data and foreign market research; coordinate with domestic and foreign agencies in marketing promotions; participate in export seminars; recruit and assist company participation in international trade shows; host foreign delegations; and distribute foreign trade leads to appropriate Kansas companies.

STATE TRADE EXPANSION PROGRAM

The State Trade Expansion Program (STEP), funded in part through a Cooperative Agreement with the U.S. Small Business Administration, helps Kansas businesses get started as exporters and existing exporters to expand into additional markets. Since the grant’s inception in 2012, more than 220 Kansas small businesses have participated and achieved more than $440 million in actual export sales. Qualified companies can receive funding assistance on export training, foreign trade shows and trade missions and market entry activities.

KANSAS INTERNATIONAL TRADE SHOW ASSISTANCE PROGRAM

Through the Kansas International Trade Show Assistance Program (KITSAP), assistance is provided to Kansas companies that are exhibiting at foreign trade shows for the first time or introducing a new product into that market for the first time. Qualified companies can receive funding assistance on booth rental, design, construction, etc. The KITSAP program will reimburse up to 50 percent of the company’s eligible direct expenses - up to $3,500 per show and up to $7,000 during a state fiscal year (July 1 through June 30).

KANSAS INTERNATIONAL TRADE MARKETING ASSISTANCE PROGRAM

The Kansas International Trade Marketing Assistance Program (KITMAP) assists Kansas companies in accelerating their exporting efforts. Qualified companies can receive funding assistance on such items as foreign sales trips, market research projects, foreign product certification and translation services. The KITMAP program will reimburse up to 50 percent of a company’s eligible direct expenses, and a company can receive up to $5,000 in total financial assistance during a state fiscal year (July 1 to June 30).

Transportation & Infrastructure Assistance

KANSAS DEPARTMENT OF TRANSPORTATION ECONOMIC DEVELOPMENT PROGRAM

The Kansas Department of Transportation has an Economic Development Program to fund transportation improvements that can be shown to support job growth and capital investment in the state. All transportation modes are eligible, including roadway, rail, airport and public transit. Typical projects include access roads, turning lanes and rail spurs. Eligible applicants are local governments, often in partnership with private businesses. A 25% minimum local match is preferred, although this is negotiable.

Improvement projects must address a transportation problem, such as promoting safety, improving access or mobility or relieving congestion. The new or expanding business must be nonspeculative. This program is not intended to fund improvements for future recruitment of businesses. Other basic infrastructure, such as water and other utilities, must be in place or imminent. Improvement projects must create new jobs and capital investment in Kansas, not just transfer business from one part of the state to another. In addition, projects must have the support of local leaders, such as elected officials and a local chamber of commerce.

UTILITY INCENTIVE PROGRAM

Many of our state utility partners can offer discounted rates or other costing-savings tools to assist companies looking to establish or grow their operations in Kansas.

Recently passed, SB339 allows public investor-owned utilities access to a tool designed to attract new, very large electric utility economic development opportunities to the state of Kansas. With final approval by the Kansas Corporation Commission, this incentive provides a competitive rate to new customers with an electric demand of 50 MW or larger.

Additionally, companies committed to meeting corporate sustainability goals from renewable sources have several options to reach those targets, including a Renewables Direct program offered by the state’s largest utility that allows commercial and industrial customers to offset a percentage of their energy usage through a renewable resource. This program is designed to provide large customers a path toward their sustainability goals with abundant, affordable renewable energy.

A number of utilities across the state also have wind and solar energy as part of their electricity portfolio, and other arrangements

such as energy efficiency incentives may be offered by some service providers.

Eligible customers for the Utility Incentive Program include nonretail industries such as data centers, aviation and other large-scale industrial development. Customers benefit from the special rate for 10 years. A new load of at least 50 MW must be located at a single location. Renewable resources can be incorporated into the rate making, providing for additional savings and allowing customers to meet their corporate goals.

For more information, please reach out to your Commerce project manager, and they will connect you with the appropriate utility partner.

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PUBLISHED MARCH 2024