Discover the essential steps for filing an annual report in Kansas with our comprehensive guide. From deadlines to crucial information, ensure your business stays compliant and thrives in the Sunflower State. Dive into our expert insights to simplify the reporting process and keep your business on track.
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If you’re reading this article, you’ve probably started and registered a new business in Kansas. Perhaps you’ve written a business plan, incorporated, and created an operating agreement. Congratulations, you’ve already done the hardest part. And as you approach the first anniversary of your Kansas business, you’re now ready to file your first Kansas annual report.
In putting together your report, you have to meet filing requirements based on whether your business is a corporation or Kansas limited liability company (LLC). You may need to update your company’s information, because you’ve found a better location or devised a new name that better reflects what your company does. The pressure mounts. You could miss deadlines, lose your good standing, and put your whole business at risk.
Thankfully, you only have to file an annual report once a year. Compared to starting a business in Kansas, filing an annual report is fairly simple, especially if you do it online. This article can give you a better understanding of the Kansas annual report process.
The Kansas annual report is how the government establishes your ongoing right to do business in the state and tracks the payment of your state business taxes by state. It is different from the more comprehensive annual report that the federal Securities and Exchange Commission (SEC) may require depending on the size and trading status of your corporation. It also differs from the annual shareholder report that some larger corporations send to their shareholders.
An annual report is not the same thing as a tax return, which you file with the Kansas Department of Revenue. It’s also distinct from the annual franchise tax, which, as of 2011, Kansas does not require corporations to pay.
You will file your annual report with the Kansas Secretary of State (KSOS), which has a convenient online portal for this purpose. All Kansas corporations and LLCs must file.
Both LLCs and corporations have to file annual reports in accordance with state law. They have similar filing requirements, differing mainly in the level of detail. Both must provide information about the location, ownership, and operation of your Kansas business. A corporation must also include data on certain assets and shareholders, if applicable. (See “What information do I need to file the annual report?” below.)
The form for a Kansas corporation annual report is two pages, compared to one page for an LLC, though both may require additional pages depending on your business.
You can file online through the Kansas Business Center. To start the process, enter the business entity name and ID number into the online portal and follow the instructions.
The business entity ID number is the number that the Kansas Secretary of State issued when you formed the business. It’s not the same as the federal employer identification number (EIN). If you’ve misplaced your business entity ID number, you can search for it using Kansas’s Business Entity Search Station (BESS).
You can also file and pay by mail. You can download and print forms and instructions at the Kansas Secretary of State site. Make the check payable to “Kansas Secretary of State,” and do not staple the check to the forms.
You can also fax your annual report for an additional fee.
If you’ve made any changes to your company (like the address or business entity name), you will also have to file Articles of Amendment. You can file most updates online through the Secretary of State’s Business Services Division. While you may create a login account to keep track of your filings, this is not required. You can also log in as a guest.
When filing annual reports and amendments, remember that these are public records in Kansas. Anyone can find your reports or updates via the search tools publicly available at the BESS.
For all Kansas LLCs and corporations operating for profit, the date for annual report filing depends on the tax closing month. The deadline is the 15th day of the fourth month following the entity’s tax period. So, for example, a business entity with a calendar tax year period may file anytime after January 1 but no later than April 15.
If you are unsure about your filing deadline, you can do a business entity search for your business. Online filers may receive an email reminder from the Kansas Secretary of State before the report is due, but don’t rely on it. It’s your responsibility to file on time.
As a recurring business expense, filing is relatively affordable in the state of Kansas. For both LLCs and corporations in good standing, the annual report fee is $55, or $50 if you file online. Kansas doesn’t have any late fees, but you may pay a higher fee if you are reinstating your business following forfeiture.
If your business is in forfeiture, you can restore your certificate of good standing by filing all missed annual reports with the reinstatement form. You will need to pay the $55 fee for each missed report along with a $35 filing fee for the reinstatement form and a penalty of $85.
You may fax your annual report for an additional $20 paid by credit card over the phone. A faxed annual report must meet the filing deadline. You cannot fax an annual report that is part of a reinstatement.
LLCs and corporations need to send the Kansas Secretary of State the same type of information when filing their annual report, but with differing levels of detail. For LLCs, this includes the:
For corporations, this includes the:
Articles of Amendment may be filed along with your annual report.
For most businesses, the Kansas Secretary of State will file the annual report forms along with any amendments and make them available to the public via the BESS. Unless you have other reports to file required by your shareholders or the SEC, you can relax and focus on your business for another year.
Kansas doesn’t charge traditional late fees, but do not take this as an invitation to forget your due date. If you miss the deadline, your business will have a delinquent status. You have a 90-day grace period to file, or you will risk forfeiture of your legal right to do business in the state of Kansas as an LLC or corporation. If that happens, you’ll lose all special tax status and liability protection afforded by your business structure.
If the extra costs aren’t enough to influence you to file your annual report on time, keep this in mind: While you can find reinstatement forms and instructions online to download and print, the only method to reinstate a forfeited business is by mail.
First, refer to the state’s FAQ page on business entities and annual reports. If you still have questions, you can contact the Kansas Secretary of State.
It costs $50 to file online, $55 to file by mail, and $75 to file by fax.
If you miss the deadline, your business is in delinquent status. If you file within 90 days, you will restore the company’s good standing. Beyond 90 days, you may be in forfeiture and may have to file an additional form for reinstatement.
After 90 days, you are in forfeiture and the state may shut you down. You can reinstate the business for additional fees.
Yes, for minor changes like officer contact information. You’ll have to file Articles of Amendment if you’re changing the business name or address.
No. You must file an interim annual report by mail requesting the date change.
Yes. The Kansas Secretary of State requires an annual report to cover the final year of business, even if it is a partial year.
No, copies or electronic signatures are acceptable.
To file online, you must be an owner in good standing with a United States or Canada address. Foreign owners must file by mail, even if they are in good standing.
No. Excise taxes are paid to the Department of Revenue, and Kansas no longer requires an annual franchise tax as of 2011.
Search for your business via the Business Entity Search Station (BESS) or contact the Kansas Secretary of State at 785-296-4564.
This is the number issued by the Kansas Secretary of State at the formation of the business. You can find it through BESS. This is distinct from the federal employer ID number (EIN) issued by the IRS.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 700,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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