Kansas Annual Report

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f 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 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.

What is a Kansas annual report? 

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. 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.

Kansas Annual Report for Corporations vs LLCs 

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. 

Where do I file my Kansas annual report? 

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. The mailing address is:

Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594

You can also fax your annual report to (785) 296-4570 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.

When is the Kansas annual report due? 

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.

How much does the Kansas annual report cost? 

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. 

What information do I need to file my Kansas annual report?

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:

  • Business entity name
  • Business entity ID number 
  • Registered address
  • Tax closing date
  • Contact information for all registered owners
  • Federal employer identification number (EIN) (optional)
  • Signature of authorized person

For corporations, this includes the:

  • Business entity name
  • Business entity ID number 
  • Registered address
  • Tax closing date
  • Contact information
  • Name and address of the registered agent
  • Name, address, and title of the officers and directors
  • Federal employer identification number (EIN) (optional)
  • Type of business
  • Number of shares
  • Ownership of other Kansas businesses, if applicable
  • Information on any agricultural land owned or leased in the state of Kansas, if applicable
  • Signature and title of authorized official

Articles of Amendment may be filed along with your annual report.

What happens after I file my Kansas 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.

What if I miss the deadline to file my Kansas annual report? 

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 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.

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.

Who do I contact if I have issues filing my Kansas annual report?

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 via phone at (785) 296-4564 or kssos@ks.gov.

Filing Your Annual Report FAQs

  • How much does it cost to file an annual report in Kansas?

    It costs $50 to file online, $55 to file by mail, and $75 to file by fax.

  • What happens if I file my annual report late in Kansas?

    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.

  • What happens if I don’t file my annual report at all in Kansas?

    After 90 days, you are in forfeiture and the state may shut you down. You can reinstate the business for additional fees.

  • Can I use the Kansas annual report to update information about my business?

    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.

  • Can I change my tax year end online?

    No. You must file an interim annual report by mail requesting the date change.

  • If my business is closed, do I still need to file the annual report?

    Yes. The Kansas Secretary of State requires an annual report to cover the final year of business, even if it is a partial year.

  • Do Kansas annual reports need original signatures?

    No, copies or electronic signatures are acceptable.

  • Who can file a Kansas annual report online?

    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.

  • Is the Kansas Annual Report the same as the Kansas Franchise Tax or Excise Tax?

    No. Excise taxes are paid to the Department of Revenue, and Kansas no longer requires an annual franchise tax as of 2011.

  • How do I find my annual report due date?

    Search for your business via the Business Entity Search Station (BESS) or contact the Kansas Secretary of State at 785-296-4564.

  • What is the Business Entity ID Number?

    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.

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