Kan. Admin. Regs. § 92-19-6a - Retailer's duties when a retail business moves, ceases operation, or changes its name, ownership, or form of ownership
(a) If a retailer
ceases to do business or if a change of ownership occurs through the sale of a
business or through a change in the legal form of business ownership, the
retailer shall notify the department of the date of the last day of business
operation or the date of the change of ownership. The retailer shall return its
certificate for cancellation, remit all taxes, and file its final return during
the month that follows the sale or the change of ownership of the business. The
retailer shall preserve its business records for three years from the end of
the calendar year or fiscal year, whichever is later, in which the retailer
files its final return.
(b) When
there is a sale or other change of ownership of a business, the entity
acquiring ownership shall secure a certificate in its name before beginning
business as the new owner.
(c)
Each retailer shall promptly notify the department of any change in location,
mailing address, business name, or trade name. Upon receipt of this
notification, the retailer shall be issued an amended certificate by the
department, or the old certificate shall be canceled and the retailer shall be
issued a new certificate by the department.
(d)
(1) For
purposes of sales tax registration, a change in ownership of a business shall
be deemed to occur when a business is sold or when a business changes its legal
form of ownership from a sole proprietorship, partnership, corporation, or
other legal form to another form of ownership. A change in ownership of a
general partnership shall include the withdrawal, substitution, or addition of
one or more general partners if the general partnership continues as a business
organization and the change in the number of partners is equal to or greater
than 50 percent.
(2) For purposes
of sales tax registration, a change in ownership shall be deemed not to occur
when there is a sale of all or part of the common stock in a corporation. A
change in ownership of a limited partnership shall be deemed not to occur if
the limited partnership continues as a business organization and either of the
following occurs:
(A) A withdrawal,
substitution, or addition of one or more limited partners in a partnership; or
(B) a withdrawal, substitution, or
addition of one or more general partners if the number of general partners
being changed is less than 50 percent.
(3) When control of a corporation is
transferred to a different corporation or owner, or when new corporate officers
are added or replaced, the corporation shall notify the department of the
changes although no new sales tax certificate shall be required. When the
change in the number of general partners is less than 50 percent, the
partnership shall notify the department of the changes although no new sales
tax certificate shall be required.
(4) Partners and officers who leave a
business may, in their individual capacity, notify the department of the change
to avoid possible claims of personal liability being made against them for
reporting periods that occur after they have left the business.
Notes
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