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KS O-2002-015 Corporate Income Tax; Individual Income Tax 2002-08-16

How is qualified business facility investment computed for the Kansas High Performance Incentive Program (HPIP) investment tax credit when the tax year and the certification period do not run concurrently?

Short answer: This Kansas Opinion Letter is a brief transmittal note, not a substantive ruling. In response to a request about computing qualified business facility investment at an existing qualified business facility for the High Performance Incentive Program (HPIP) investment tax credit, the Department enclosed a worked example for the situation where the tax year and the certification period do not run concurrently. The published letter does not itself set out the computation — the illustrative example was a separate attachment that is not reproduced in the released text.

Apply this to your situation

This page answers the general question as of 2002. Ezel answers yours, under current Kansas tax law, with citations.

Currency note: this ruling is from 2002
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Kansas Department of Revenue Opinion Letter: written guidance stating the Department's interpretation of Kansas tax law on the facts presented. It is general guidance, does not have the force of law, and another taxpayer with different facts should not assume the same treatment applies; later changes in statutes, regulations, or interpretation may change the result. Kansas state and local sales and use taxes are administered centrally by the Department, so there is no self-collected home-rule city tax outside its scope. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

This is a short Kansas Opinion Letter from the Department's Office of Policy & Research, dated August 16, 2002. It responds to a request about how to compute qualified business facility investment at an existing qualified business facility for the High Performance Incentive Program (HPIP) investment tax credit.

The letter is essentially a transmittal note: the Department says it has enclosed a worked example for the specific situation in which the tax year and the certification period do not run concurrently. The letter itself does not state the computation or announce a rule — the illustrative example was a separate attachment, and that attachment is not reproduced in the published text.

Under Kansas's HPIP, a qualifying business can earn an income-tax credit tied to its investment in a qualified business facility. The wrinkle the correspondent raised — and the enclosed example addressed — is timing: what to count as investment when the business's tax year and the HPIP certification period cover different spans of time.

What this means for you

Treat this document as a pointer, not an answer. It confirms the Department was willing to illustrate, by example, how HPIP qualified-business-facility investment is measured when the tax year and certification period do not line up — but the actual math lived in an attachment that is not part of the published letter. If you need the computation itself, you would look to the underlying HPIP statutes and regulations or request current guidance from the Department, rather than rely on this letter, which states no standalone conclusion.

Common questions

Q: Does this opinion letter tell me how to compute HPIP investment?
A: Not directly. It says the Department enclosed an example for the non-concurrent tax-year/certification-period situation, but the example itself is a separate attachment not reproduced in the released text.

Q: What was the specific issue?
A: How to compute qualified business facility investment at an existing qualified business facility for the HPIP investment tax credit when the tax year and the certification period do not run concurrently.

Q: Which taxes does the HPIP credit apply against?
A: The letter is classified under Corporate Income Tax and Individual Income Tax.

Citations and references

  • The letter cites no statute section; it transmits an illustrative HPIP computation example without stating a rule in the published text.

Subject

Computation of qualified business facility investment at an existing qualified business facility for the High Performance Incentive Program (HPIP) investment tax credit.

Source

Original ruling text

Opinion Letter

Body:

Office of Policy & Research

August 16, 2002

XXXXX
XXXXX
XXXXX

Dear XXXXX:

Thank you for your letter requesting information regarding the computation of qualified business facility investment at an existing qualified business facility for the High Performance Incentive Program (HPIP) investment tax credit.

I have enclosed an example where the tax year and certification period do not run concurrently.

If you should have any questions following your review of the example please give me a call.

Sincerely,

Kathleen M. Smith
Tax Specialist, Office of Policy and Research

Double click on the attachment below to launch Acrobat Reader and view the document.

If you do not have Acrobat Reader, it can be downloaded through the KDOR website.

Date Composed: 08/22/2002 Date Modified: 08/22/2002

Table 1

Letter Number: O-2002-015

Table 2

Tax Type: Corporate Income Tax; Individual Income Tax
Brief Description: Computation of qualified business facility investment at an existing qualified business facility for the High Performance Incentive Program (HPIP) investment tax credit.
Keywords:
Approval Date: 08/16/2002

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