Kansas Corporate Application for Refund From Carry Back of Net Operating Loss

Corporate Application for Refund From Carry Back of Net Operating Loss
K-139 Corporate Applications for Refund From Carry Back of Net Operations Loss Rev. 8-19
K-139
(Rev. 8-19)

KANSAS

150818

CORPORATE APPLICATIONS FOR REFUND FROM
CARRY BACK OF NET OPERATING LOSS

Name	

Employer	Identification	Number	(EIN)

Address (number and street of principal office)

Enter	the	taxable	year	and	amount	of	Net	Operating	Loss	carry	back.

City, State, Zip Code

Year	ended	

Net	Operating	loss	

______________

______________

Date	loss	year	filed
______________

Was	the	"Year	ended"	return	a	FINAL	for	Kansas?

o Yes o No

COMPUTATION OF DECREASE IN TAX
NO REFUND WILL BE ISSUED without Federal
Supporting Schedules (Forms 1139 or 1120X).

3rd	preceding	taxable	year	ended 2nd	preceding	taxable	year	ended 1st	preceding	taxable	year	ended
_______________
_______________
_______________

(a)
(b)
(c)
If Federal Forms 1139 OR 1120X were not filed,
Return	as	filed
Liability	after
Return	as	filed
explain the reason in detail on the back of this
or	liability	as	last appreciation	of or	liability	as	last
form.
determined
carry	back
determined

(d)
Liability	after
application	of
carry	back

(e)
(f)
Return	as	filed
Liability	after
or	liability	as	last appreciation	of
determined
carry	back

1. Kansas	net	taxable	income	before	deducting
line	2	of	this	form.
2. Net	operating	loss	deduction	resulting	from
carry	back.
3. Net	taxable	income	as	adjusted	(subtract)
line	2	from	line	1).
4. For	tax	years	commencing	before	1-1-92.
4a.	Normal	tax	(4.5%	of	line	3).
4b.	Surtax	(2.25%	of	amount	of	line	3	in	excess	
of	$25,000).
5. For	tax	years	commencing	after	12-31-91.
5a.	Normal	tax	(4%	of	line	3).
5b.	Surtax	(3%	of	amount	of	line	3	in	excess	of	
$50,000).
6. Total	tax	(add	lines	4a	and	4b	or	5a	and	5b).
7. Total	refundable	credits	(enter	total	of	any	tax
credits	for	which	you	are	eligible).	You	must
complete	and	enclose	applicable	schedules.
8. Tax	liability	after	credits	(subtract	line	7	from
line 6).
9. Enter	amounts	from	line	8,	columns	b,	d	and	f.
10. Overpayment	(subtract	line	9	from	line	8).

I declare under the penalties of perjury that to the best of my knowledge and belief this is a true, correct and complete application.

sign
here

_______________________________________________________________________________________________________________
Signature	of	officer	

Title	

Date

_______________________________________________________________________________________________________________
Signature	of	preparer	(individual	or	firm)	

Address	

Date

Mail	this	application	to:	Kansas	Corporate	Income	Tax,	Kansas	Department	of	Revenue,	PO	Box	750260,	Topeka,	KS	66699-0260.
File	this	application	separately	from	your	income	tax	return.

— FOR OFFICE USE ONLY —
Auditor ____________________________________________________________________
Tax
Interest
Total Refund

Date

_______________________

GENERAL INFORMATION FOR FORM K-139
KANSAS NET OPERATING LOSS
For	 net	 operating	 losses	 incurred	 in	 taxable	 years
beginning	 after	 December	 31,	 1987,	 a	 net	 operating	 loss
deduction	 shall	 be	 allowed	 in	 the	 same	 manner	 that	 it	 is
allowed	 under	 the	 federal	 internal	 revenue	 code	 except
that	 such	 net	 operating	 loss	 may	 only	 be	 carried	 forward
to	each	of	the	10	taxable	years	following	the	taxable	year
of	the	net	operating	loss.	The	amount	of	the	net	operating
loss	 that	 may	 be	 carried	 forward	 for	 Kansas	 income	 tax
purposes	shall	be	that	portion	of	the	federal	net	operating
loss	allocated	to	Kansas	under	this	act	in	the	taxable	year
that	the	net	operating	loss	is	sustained.
The	amount	of	the	loss	to	be	carried	forward	will	be	the
federal	net	operating	loss	after	(1)	all	modifications	required
under	this	act	applicable	to	the	net	loss	in	the	year	the	loss
was	incurred;	and	(2)	after	apportionment	as	to	source	in
the	case	of	corporations	in	the	same	manner	that	income
for	such	corporations	is	required	to	be	apportioned.
If	 a	 net	 operating	 loss	 was	 incurred	 in	 a	 taxable	 year
beginning	prior	to	January	1,	1988,	the	amount	of	the	net
operating	loss	that	may	be	carried	back	and	carried	forward
and	the	period	for	which	it	may	be	carried	back	and	carried
forward	 shall	 be	 determined	 under	 the	 provisions	 of	 the
Kansas	 income	 tax	 laws	 which	 were	 in	 effect	 during	 the
year	that	such	net	operating	loss	was	incurred.

If	any	portion	of	a	net	operating	loss	described	in	paragraphs
1	 and	 2	 to	 the	 left	 is	 not	 utilized	 prior	 to	 the	 final	 year	 of
the	carry	forward	period	provided	in	paragraph	1,	a	refund
shall	be	allowable	in	such	final	year	in	an	amount	equal	to
the	refund	which	would	have	been	allowable	in	the	taxable
year	the	loss	incurred	by	utilizing	the	three	year	carry	back
provided	under	K.S.A.	79-32,143,	as	in	effect	on	December
31,	 1987,	 multiplied	 by	 a	 fraction,	 the	 numerator	 of	 which
is	the	unused	portion	of	such	net	operating	loss	in	the	final
year,	 and	 the	 denominator	 of	 which	 is	 the	 amount	 of	 such
net	 operating	 loss	 which	 could	 have	 been	 carried	 back	 to
the	three	years	immediately	preceding	the	year	in	which	the
loss	was	incurred.	In	no	event	may	such	fraction	exceed	1.
Use	the	space	below	to	perform	this	calculation	if	necessary.

KANSAS CAPITAL LOSS CARRY BACK
Kansas	 law	 does	 not	 provide	 for	 a	 capital	 loss	 carry
back;	 however,	 Kansas	 does	 allow	 federal	 adjustments	 to
arrive	at	adjusted	Kansas	taxable	income	and	one	of	those
adjustments	 would	 be	 a	 federal	 capital	 loss	 carry	 back.
Therefore,	Kansas	would	allow	the	capital	loss	carry	back	at
the	federal	level	to	arrive	at	adjusted	federal	taxable	income.
This	method	is	different	than	the	Kansas	net	operating	loss
carry	 back	 which	 is	 computed	 separately	 for	 Kansas.	 You
should	compute	the	capital	loss	carry	back	on	Form	K-120	for
Kansas	and	enclose	any	federal	schedule	that	is	applicable.

Use the following space to calculate the ratio for net operating loss carry back.
(Enclose additional sheets if necessary.)