Kansas Sales and Use Tax Refund Application
Extracted from PDF file 2023-kansas-form-st-21.pdf, last modified February 2022Sales and Use Tax Refund Application
Sales & Use Tax Refund The Kansas Department of Revenue provides refunds for individuals or businesses that paid sales or use tax directly to the Kansas Department of Revenue in error. This publication provides answers to some common questions about receiving a refund. It also contains the applicable forms, along with the line-by-line instructions needed to complete them. If you would like information about how Kansas sales and use tax applies to your business operations, obtain a copy of Publication KS-1510, Kansas Sales and Compensating Use Tax. ksrevenue.gov Pub KS-1220 (Rev. 2-22) TABLE OF CONTENTS Frequently Asked Questions (FAQS)........................... 2-3 Business or Retail Business Project Hospital, School, Political Subdivision Project U.S. Government Project Utility Exemption Project Exemption Certificate (PEC) Entity Motor Vehicles, Boat, Mobile Home, Aircraft Completing form ST-21 Sales and Use Tax Refund Application.................................................................. 3-4 Penalties....................................................................... 4 Required Documentation.............................................. 4-7 Form ST-21 Sales and Use Tax Refund Application (PARTS A through D)............................................ 8-9 Amended Returns Bad Debt Exemption Claims Based on Statutes Manufacturing Machinery and Equipment Consumed In Production Ingredient or Component Part Assignment of Right to Refund (PART E)................... 10 Claimant/Consumer Affidavit (PART F)....................... 11 Taxpayer Assistance................................... BACK COVER additional information is needed beyond what is requested, KDOR will contact you in writing. FREQUENTLY ASKED QUESTIONS Will an Assignment of Right to Refund relieve me of providing proof of tax paid to the retailer? Who can apply for this refund? No. You must still provide proof of tax paid to your vendor, such as a copy of a canceled check or an electronic copy of your accounts payable showing tax paid to vendor. Any individual or business that paid sales or use tax directly to the Kansas Department of Revenue (KDOR) that was not owed and was paid in error, may apply to the Department for a refund. If the tax was paid to a retailer, the refund should be requested from that retailer. Certain exceptions allow KDOR to issue a refund directly to an individual or business that paid tax to a retailer (see Part E of Form ST-21, Assignment of Right to Refund). An individual or business that paid a tax that is administered by the Secretary of Revenue to a county treasurer may apply directly to the KDOR for a refund of that tax. How long to process my refund request? KDOR will begin processing your refund request after the application and all of the necessary documentation is received. Processing the information may take up to 120 days. How can I find out the status of my refund application? Yes. You must file a complete sales and use tax refund claim within three years from the date the tax was due from the retailer to KDOR. There is a unique statute of limitations for refunds of bad debts. See page 4. You can check on the status of your refund by calling Audit Services at 785-296-7108 or email at KDOR_Audit.Funds@ ks.gov. Be prepared to provide the following information: your Social Security Number, your federal Employer Identification Number (EIN), the tax type, the exact amount of refund requested, and the date you mailed the request. Is there a dollar limit on a refund request? Will I be entitled to interest on my refund? Is there a time limit to request a refund? Not necessarily. After KDOR receives the application and ALL supporting documentation, a refund will be issued within 120 days. If the refund process take more than 120 days, interest will be computed from the date that KDOR received the final documentation that completes the application. Kansas law deems the date of receipt to be the postmark date on the package that contains the documentation or the date of mailing as certified by a private delivery company. Yes. Refund applications submitted by a retailer to KDOR must be for taxes that total $5 or more. Refund applications submitted directly to the Department by a consumer or purchaser must be for taxes that total $50 or more. Refund applications that do not meet these statutory threshold amounts will not be reviewed by KDOR. What if I’ve never filed a tax return in Kansas? In order to receive a refund, you will need to complete IRS Form W-9, and submit it with your refund request. The W-9 form is available at: www.irs.gov What should I do if my application is returned to me as incomplete? As a retailer may I take a credit on my return instead of requesting a refund? A retailer should not take a deduction or credit on his/her tax return, except for taxes refunded on returned goods. Instead, the retailer is required to submit a written refund application to KDOR. Should I send documentation with the application? Yes. In almost every case, documentation is required. Refer to the specific line instructions for Form ST-21, that begin on page 3. These instructions provide the most common reasons for requesting a refund and list the documentation required. If 2 Incomplete applications will not be reviewed by KDOR. KDOR will notify you in writing and list the additional documentation you must provide to complete your refund application. You will have 60 days from the date of the written notice to submit the requested documentation. If your refund application is still incomplete after you submit additional documentation or for more than 60 days from the date of the notice, the Department will return your incomplete refund application. If this happens, you will be required to file a new refund application for the refund in question and the statute of limitations will continue to run until it is submitted with complete documentation. the request is prepared/filed by a 3rd party. ONLY an owner, partner, company officer or 3rd party with a Power of Attorney accompanying the request may sign the refund application. However, if you believe that your refund application was complete, you may request an informal conference to review the Department of Revenue’s determination. The letter you receive from the Department will explain how to request an informal conference. PART B – CLAIMANT (CONSUMER) May my CPA, attorney or consultant handle the refund request? Enter all requested information for the claimant in Part B. Fields marked with an asterisk require an entry in order to process the application. KDOR requires authorization from the Claimant/Consumer to allow a KDOR associate to discuss the refund request with any employee of the company and not only the contact person listed on the refund application. Mark the proper box to allow or disallow the authorization. A Power of Attorney form is still required documentation if the request is prepared/filed by a 3rd party. ONLY an owner, partner, company officer or 3rd party with a Power of Attorney accompanying the request may sign the refund application. Yes. However, you must complete and submit form DO-10 Power of Attorney, that gives the Kansas Department of Revenue the authority to discuss confidential tax matters with your chosen representative. If a Power of Attorney form is not included with your refund request, all correspondence will be sent to you. The Power of Attorney form is available on our website at: ksrevenue.gov What if I owe KDOR money? The Kansas Department of Revenue reserves the right to apply refunds to any existing debts owed to the Department, regardless of the tax type. Where do I get additional copies of the forms? PART C – REFUND INFORMATION The forms discussed in this publication, along with many other tax forms are available on our website at: ksrevenue.gov Enter the amount of your refund request and mark the box that applies to the refund type. You must provide the applicable exemption certificates with this application. Where do I send my refund application? Mail your completed ST-21, Sales and Use Tax Refund Application, along with all required documentation to: PART D – REFUND REQUEST SCHEDULE Complete Part D with the information on an electronic schedule, using Excel formatting, if available. Part D must include the following: Kansas Department of Revenue Audit Services Bureau / Sales Tax Refund PO Box 3506 Topeka, KS 66601-3506 – Invoice Date. Enter the month, day, and year in chronological order. – Invoice Number. – Vendor Name. – Description of Item(s). Provide a complete, detailed description of the invoiced item. – Retail Price. – Tax Paid. – Account Code. This is the fixed asset or expense account to which the item purchased is being coded in your business chart of accounts. – Reason for Exemption. Provide a complete, detailed explanation for why the item is exempt and reference the statute number that supports that reason. Additional information is needed if the exemption is based on any of the following reasons: • Materials consumed in production. Describe how the materials are consumed. • Machinery and equipment. Describe how the equipment is used in the manufacturing process and list the fixed asset or expense account code with account descriptions. • Ingredient or component part. Describe how the item becomes an ingredient or component part. You may also email to: [email protected] COMPLETING THE SALES TAX REFUND APPLICATION Follow the instructions in this section to complete an accurate application for a sales or use tax refund. Complete form ST-21 application and provide the appropriate documentation to the retailer from whom you made the purchase. The consumer may file the refund request directly with the Kansas Department of Revenue if the retailer is no longer in business, insolvent, moved or is unable to act. Complete Part F of Form ST-21 to verify the retailer’s status. If you paid the tax directly to the Department of Revenue, then you may submit the application without going through the retailer. Include copies of your returns and supporting documentation when mailing Form ST-21. PART A – RETAILER (VENDOR) Enter all requested information for the retailer in Part A. Fields marked with an asterisk require an entry in order to process the application. Mark the box that applies to your refund source and indicate whether the consumer received a refund or credit by marking the “yes” or “no” box. KDOR requires authorization from the Retailer/Vendor to allow a KDOR associate to discuss the refund request with any employee of the company and not only the contact person listed on the refund application. Mark the proper box to allow or disallow the authorization. A Power of Attorney form is still required documentation if PART E – ASSIGNMENT OF RIGHT TO REFUND The retailer completes Part E if the retailer elects not to participate in the sales or use tax refund process. PART F – CLAIMANT / CONSUMER AFFIDAVIT 3 Complete Part F if the retailer refuses to participate in the refund process and does not respond or cannot be located. Pursuant to K.A.R. 92-19-49c, you must enclose a copy of certified mail receipt(s). The certified mail receipt(s) must contain the retailer’s current business address. NOTE: Please ensure good faith requirements are met as indicated in the Claimant/Consumer Affidavit, Part F. Required Documentation: 1) Detailed explanation for the error or overpayment. 2) Explanation of how the refund amount is computed. 3) Copy of the original return(s) with backup detail to those returns such as electronic copy of the sales tax payable account to verify the tax was paid to Kansas. If filing ST-36, include Part III. 4) Copy of original source documents such as invoices, leases, contracts, etc. 5) Copy of the customer payment history. 6) Copy of company policy for writing off bad debts and supporting schedules showing how the bad debts are written off. 7) Copy of federal income tax return the bad debts were claimed on with the schedule of bad debts written off on the federal income tax return. PENALTIES Pursuant to K.S.A. 79-3615(j), a person applying to the department for a refund of any tax imposed under the Kansas retailers’ sales tax act that was not previously collected by the retailer, or that the retailer has already refunded to such person, shall be subject to a penalty of 50% of the amount of any such tax sought to be refunded. No such penalty shall be imposed against such person if the retailer collected the tax but did not remit such tax to the Department of Revenue. EXEMPTION CLAIMS BASED ON STATUTES REQUIRED DOCUMENTATION l. Manufacturing Machinery and Equipment [K.S.A. 79-3606(kk)] The following instructions list the most common reasons for requesting a sales or use tax refund. Select your reason from one of the listed categories. Each category lists the information and documentation that is needed to process the sales or use tax refund request you are submitting on Form ST-21. Provide as much of the documentation as possible. The documentation may be submitted via electronic media to [email protected]. If more information is needed, the Department of Revenue will contact you in writing. Complete Parts A, B, C and D of Form ST-21. Part D contains the following information and, if available, it must be submitted in an electronic format. • Invoice date (month, day and year in chronological order). • Invoice number. • Vendor name. • A complete description of the invoiced item. • Retail price of the invoiced item. • Tax paid on the invoiced item. • A complete explanation for why the item is exempt and the supporting statute number. Also list the fixed asset or expense account code with account descriptions. • If the purchase is for the repair of manufacturing equipment explain how the piece of equipment being repaired is used in the manufacturing process. • If the purchase is for manufacturing equipment explain how the piece of equipment being purchased is used in the manufacturing process. IMPORTANT: The more detailed information that you can provide, the more quickly we can process your request for refund. AMENDED RETURNS Complete Parts A, B, C and D of Form ST-21. Required Documentation: 1) Detailed explanation for the error or overpayment. 2) Copy of original invoices or other relevant documents verifying the transaction(s). 3) Copy of the original return(s). If filing Form ST-36, include Part III with backup detail to those returns such as an electronic copy of the sales tax payable account to verify the tax was paid to Kansas. 4) Copy of the amended return(s). If filing Form ST-36, include Part III. 5) Explanation of how the refund amount is computed. 6) Proof the sales tax was refunded to the customer, such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) copy of irrevocable credit memo that was issued to customer. CAUTION: A statement of usage that only references Kansas statutes, Kansas administrative regulations, or only provide a generic description such as “repair parts” shall be deemed an insufficient explanation for the basis of a refund. Required Documentation: 1) Copy of manufacturing machinery and equipment exemption certificate. 2) Copy of the invoices. 3) Proof that tax was submitted to Kansas such as detail schedules supporting the original return or an electronic copy of the sales tax payable account to verify the tax was paid to Kansas (if request is submitted by vendor). 4) Assignment of Rights (if tax was paid to the vendor and consumer is seeking a refund directly from Kansas). 5) Proof tax was paid (if request is submitted by consumer): a) Copy of front and back of canceled check to vendor or, b) electronic copy of accounts payable showing tax paid to vendor and, c) Self-assessed tax – Proof that tax was remitted to the State, such as tax accrual schedules supporting the taxpayer’s return. Provide accrual detail from the tax account period where the tax was originally reported up to the refund request submission date to the Kansas Department of Revenue. This should include accrual detail for each period within the refund request up to and including present accruals (electronic copy must be provided, if available). 6) Proof the tax was refunded to the customer (if request is BAD DEBT When filing a refund request for bad debt, please follow the guidelines as written in K.A.R. 92-19-3b. Complete Parts A, B, C and D of Form ST-21. Part D contains the following information and, if available, it must be submitted in an electronic format. • Invoice date (month, day and year in chronological order). • Invoice number. • Vendor name. • Retail price of the invoiced item. • Tax paid on the invoiced item. 4 contains the following information and, if available, it must be submitted in an electronic format. submitted by vendor) such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) copy of irrevocable credit memo that was issued to customer. • Invoice date (month, day and year in chronological order). • Invoice number. • Vendor name. • A complete description of the invoiced item. • Retail price of the invoiced item. • Tax paid on the invoiced item. • A complete explanation for why the item is exempt and the supporting statute number. Also list the fixed asset or expense account code with account descriptions. • For items becoming an ingredient or component part, you must provide a description of the item purchased and a factual description of how the item is becoming an ingredient or component part. The more detailed information that you can provide, the more quickly we can process your request for refund. II. Consumed in Production [K.S.A. 79-3606(n)] Complete Parts A, B, C and D of Form ST-21. Part D contains the following information and, if available, it must be submitted in an electronic format. • Invoice date (month, day and year in chronological order). • Invoice number. • Vendor name. • A complete description of the invoiced item. • Retail price of the invoiced item. • Tax paid on the invoiced item. • A complete explanation for why the item is exempt and the supporting statute number. Also list the fixed asset or expense account code with account descriptions. • For items being consumed in the production process, you must provide a description of the item purchased and a factual description of how the item is consumed in the production process. CAUTION: A statement of usage that only references Kansas statutes, Kansas administrative regulations, or only provide a generic description such as “ingredient or component part” shall be deemed an insufficient explanation for the basis of a refund. Required Documentation: 1) Copy of ingredient or component part exemption certificate. 2) Copy of the invoices. 3) Proof that tax was paid to Kansas such as detail schedules supporting the original return or an electronic copy of the sales tax payable account to verify the tax was paid to Kansas (if request is submitted by vendor). 4) Assignment of Rights (if tax was paid to the vendor and the consumer is seeking a refund directly from Kansas). 5) Proof tax was paid (if request is submitted by consumer): a) Copy of front and back of canceled check to vendor or, b) electronic copy of accounts payable showing tax paid to vendor and, c) Self-assessed tax – Proof that tax was remitted to the State, such as tax accrual schedules supporting the taxpayer’s return. Provide accrual detail from the tax account period where the tax was originally reported up to the refund request submission date to the Kansas Department of Revenue. This should include accrual detail for each period within the refund request up to and including present accruals (electronic copy must be provided, if available). 6) Proof the tax was refunded to the customer (if request is submitted by vendor) such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) copy of irrevocable credit memo that was issued to customer. CAUTION: A statement of usage that only references Kansas statutes, Kansas administrative regulations, or only provide a generic description such as “supplies consumed in production” shall be deemed an insufficient explanation for the basis of a refund. Required Documentation: 1) Copy of consumed in production exemption certificate. 2) Copy of the invoices. 3) Proof that tax was paid to Kansas such as detail schedules supporting the original return or an electronic copy of the sales tax payable account to verify the tax was paid to Kansas (if request is submitted by vendor). 4) Assignment of Rights (if tax was paid to the vendor and the consumer is seeking a refund directly from Kansas). 5) Proof tax was paid (if request is submitted by consumer): a) Copy of front and back of canceled check to vendor or, b) electronic copy of accounts payable showing tax paid to vendor and, c) Self-assessed tax – Proof that tax was remitted to the State, such as tax accrual schedules supporting the taxpayer’s return. Provide accrual detail from the tax account period where the tax was originally reported up to the refund request submission date to the Kansas Department of Revenue. This should include accrual detail for each period within the refund request up to and including present accruals (electronic copy must be provided, if available). 6) Proof the tax was refunded to the customer (if request is submitted by vendor) such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) copy of irrevocable credit memo that was issued to customer. IV. Business or Retail Business Project [K.S.A. 79-3606(cc) or K.S.A. 79-3606(hhhh)] Complete Parts A, B, C and D of Form ST-21. Part D contains the following information and, if available, it must be submitted in an electronic format. • Invoice date (month, day and year in chronological order). • Invoice number. • Vendor name. • A complete description of the invoiced item. • Retail price of the invoiced item. • Tax paid on the invoiced item. • A complete explanation for why the item is exempt and the supporting statute number. The more detailed information that you can provide, the more quickly we can process your request for refund. III. Ingredient or Component Part [K.S.A. 79-3606(m)] Complete Parts A, B, C and D of Form ST-21. Part D 5 All purchases must be for the facility to be eligible for exemption and may not leave this facility. Required Documentation: c) Self-assessed tax – Proof that tax was remitted to the State, such as tax accrual schedules supporting the taxpayer’s return. Provide accrual detail from the tax account period where the tax was originally reported up to the refund request submission date to the Kansas Department of Revenue. This should include accrual detail for each period within the refund request up to and including present accruals (electronic copy must be provided, if available). 6) Proof the tax was refunded to the customer (if request is submitted by vendor) such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) Copy of irrevocable credit memo that was issued to customer. 1) Qualified firms under HPIP must provide a copy of the Kansas Department of Commerce certification letter and the project description pre-identifying this investment as well as any backup documentation provided to the Department of Commerce. 2) Description of business activity conducted at the business facility and the claimant’s NAICS (North American Industry Classification System) code. 3) Project beginning and ending dates. 4) Copy of the invoices, including any sub-contractor invoices related to the project. You must use the ST-21PEC if you are requesting a refund for tax your subcontractors paid for materials incorporated into your project. 5) Proof that tax was paid to Kansas such as detail schedules supporting the original return or an electronic copy of the sales tax payable account to verify the tax was paid to Kansas (if request is submitted by vendor). 6) Assignment of Rights (if tax was paid to the vendor and consumer is seeking refund directly from Kansas). 7) Proof the tax was paid: a) Copy of front and back of canceled check to vendor or, b) Electronic copy of accounts payable showing tax paid to vendor and, c) Self-assessed tax – Proof that tax was remitted to the State, such as tax accrual schedules supporting the taxpayer’s return. Provide accrual detail from the tax account period where the tax was originally reported up to the refund request submission date to the Kansas Department of Revenue. This should include accrual detail for each period within the refund request up to and including present accruals (electronic copy must be provided, if available). 8) Proof the tax was refunded to the customer (if request is submitted by vendor) such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) Copy of irrevocable credit memo that was issued to customer. VI. U.S. Government Project [K.S.A. 79-3606(e)] Complete Parts A, B, C and D of Form ST-21. Part D contains the following information and, if available, it must be submitted in an electronic format. • Invoice date (month, day and year in chronological order). • Invoice number. • Vendor name. • A complete description of the invoiced item. • Retail price of the invoiced item. • Tax paid on the invoiced item. • A complete explanation for why the item is exempt and the supporting statute number. Required Documentation: 1) Copy of valid project exemption certificate. 2) Copy of invoices. 3) Proof that tax was paid to Kansas such as detail schedules supporting the original return or an electronic copy of the sales tax payable account to verify the tax was paid to Kansas (if request is submitted by vendor). 4) Assignment of Rights (if tax was paid to the vendor and consumer is seeking refund directly from Kansas). 5) Proof tax was paid (if request is submitted by consumer): a) Copy of front and back of canceled check to vendor or, b) electronic copy of accounts payable showing tax paid to vendor and, c) Self-assessed tax – Proof that tax was remitted to the State, such as tax accrual schedules supporting the taxpayer’s return. Provide accrual detail from the tax account period where the tax was originally reported up to the refund request submission date to the Kansas Department of Revenue. This should include accrual detail for each period within the refund request up to and including present accruals (electronic copy must be provided, if available). 6) Proof the tax was refunded to the customer (if request is submitted by vendor) such as one of the following: a) Copy of front and back of canceled check refunding customer‘s payment; or, b) Copy of irrevocable credit memo that was issued to customer. V. Hospital, School, Political Subdivision Project [K.S.A. 79-3606(d)] Complete Parts A, B, C and D of Form ST-21. Part D contains the following information and, if available, it must be submitted in an electronic format. • • • • • • • Invoice date (month, day and year in chronological order). Invoice number. Vendor name. A complete description of the invoiced item. Retail price of the invoiced item. Tax paid on the invoiced item. A complete explanation for why the item is exempt and the supporting statute number. Required Documentation: 1) Copy of valid project exemption certificate. 2) Copy of invoices. 3) Proof that tax was paid to Kansas such as detail schedules supporting the original return or an electronic copy of the sales tax payable account to verify the tax was paid to Kansas (if request is submitted by vendor). 4) Assignment of Rights (if tax was paid to the vendor and consumer is seeking refund directly from Kansas). 5) Proof tax was paid (if request is submitted by consumer): a) Copy of front and back of canceled check to vendor or, b) electronic copy of accounts payable showing tax paid to vendor and, UTILITY EXEMPTION Complete Form ST-28B. The more detailed information that you can provide, the more quickly we can process your request for refund. Required Documentation: 6 1) Formulas and computations must be completed and a copy of your worksheet (utility study) must accompany your request. Your worksheet (utility study) must list all taxable and nontaxable equipment that pulls energy from the meter for which Tax was paid to another state. you are seeking the sales tax exemption. The study must include for each device it’s quantity, energy ratings, hours per day used, days per year used, load factors, area of the facility the device is located, and taxable or exempt status. Hotels, motels, and nursing homes must also include the facilities occupancy rate for the prior calendar year or the most recent 12 months. 2) Form ST-33 must be completed by the utility provider. 3) Nursing homes and other entities that have both commercial and residential areas may use the square foot method in lieu of a complete study as listed in #1 above. The square foot method must include resident’s room dimensions, total square footage of the facility or include a floor plan that includes room dimensions and occupancy rate for the prior calendar year or the most recent 12 months. The square foot method for calculating exemptions may only be utilized for these type of residential* entities. For water exemption requests the square foot of the landscape surrounding the facility must also be included. a) Proof of tax legally imposed and paid to another state. b) Copy of Bill of Sale or invoice. Vehicle was returned to the seller or repossessed. a) Proof of buyback - canceled check, invoice (TR-312) or signed and dated Affidavit. b) Repossession Affidavit (TR-84), lien holder information. Taxpayer is exempt from paying tax. a) Exemption Certificate. b) Copy of Kansas sales tax receipt from County Treasurer or Form ST-8 given to you by the dealer. Trade-in or dealer discount, in house rebate or dealer was not deducted. a) Copy of bill of sale or invoice. b) Copy of Kansas sales tax receipt from County Treasurer. c) For isolated sale, completed (TR-312) form. * Residential does not include hotels, motels and other similar businesses. These types of businesses must furnish a utility study which lists all taxable and non-taxable equipment. Non-taxable title transfer 4) If the meter for the utility exemption you are requesting is used for other than your exemption request, you must also provide all the other uses for that meter. 5) Include your federal Employer Identification Number (EIN) on your request. a) Description of type of exempt title transfer. b) Proof of exempt transfer. • Affidavit of Fact (TR-12) stating the property was received as a gift, etc. • Relationship affidavit (TR-215), if applicable. • Court documents showing divorce settlement. • Proof of 100% corporation transfer. PROJECT EXEMPTION CERTIFICATE (PEC) ENTITY K.A.R. 92-19-66e(n) provides that a PEC entity that fails to secure a timely PEC for a construction project may seek a refund of the Kansas sales tax that was paid or remitted by the project’s general contractor and subcontractors on their materials, supplies, and labor charges for the project in question. To apply for a refund, complete and submit Form ST-21PEC. This form is available at: ksrevenue.gov Boats, Jet Ski, Aircraft a) Proof of Isolated or Occasional Sale if you have purchased a previously owned boat, jet ski or aircraft (TR-312). b) Copy of sales tax receipt from County Treasurer. Lemon Law a) Legible copy of the Bill of Sale, purchase order, or buyer’s order. b) Copy of buyback letter from vehicle manufacturer. c) Copy of the check issued to customer for vehicle buyback. d) Receipt of vehicle mileage when returned to dealership, if one was issued. e) Copy of usage itemization provided by vehicle manufacturer, if one was issued. MOTOR VEHICLE, BOAT, MOBILE HOME, AIRCRAFT Complete Parts A, B, C and D of Form ST-21. The more detailed information that you can provide, the more quickly we can process your request for refund. Required Documentation: 1) Copy of Bill of Sale, invoice or copy of title showing vehicle transfer from original owner to you. 2) Copy of the Kansas sales tax receipt given to you by the County Treasurer when you registered your vehicle. 3) Detailed explanation of why you are requesting a refund (Part D of Form ST-21). Dealer to Dealer transaction a) Copy of Bill of Sale. b) Vehicle must be sold or transferred within 15 days of registration. 7 KANSAS SALES AND USE TAX REFUND APPLICATION 465001 Complete this application using the instructions that begin on page 3. Entries are required on all fields marked with an asterisk (*). An incomplete application and missing documentation will delay the processing of your refund. PART A - RETAILER (VENDOR) *Business Name *Employer ID Number (EIN) *Business Address *Kansas Tax Account Number *City, State, Zip Code Previous Kansas Tax Account Number *Contact Person *Telephone Number Email Address Fax Number No Yes Retailer/Vendor authorizes KDOR to discuss this refund request with any employee of the company and not only the contact person listed above which prepared the request. A DO-10 (POA) is still required documentation if the request is prepared/filed by a 3rd party. Retailer filing for tax they paid Retailer filing for tax paid by their customer Consumer filing for tax paid to a vendor Consumer filing for tax paid directly to the state Did the consumer receive a refund or credit? No Yes If yes, enclose a copy of the credit or cancelled check. Source of refund: PART B - CLAIMANT (CONSUMER) *Claimant Name *Employer ID Number (EIN) or Social Security Number (SSN) *Claimant Address *City, State, Zip Code *Contact Person *Daytime Phone Number Email Address Fax Number No Yes Claimant/Consumer authorizes KDOR to discuss this refund request with any employee of the company and not only the contact person listed above which prepared the request. A DO-10 (POA) is still required documentation if the request is prepared/filed by a 3rd party. PART C - REFUND INFORMATION Total Refund Request: $ Refund Request Period(s): Check the refund type and provide applicable exemption certificates (see instructions beginning on page 4): Manufacturing Machinery & Equipment, K.S.A.79-3606(kk) pg 4 Consumed in Production, K.S.A.79-3606(n) pg 5 Ingredient or Component Part, K.S.A.79-3606(m) pg 5 Business or Retail Business Project, K.S.A.79-3606(cc) or 79-3606(hhhh) pg 5 Hospital, School, Political Subdivision Project, K.S.A. 79-3606(d) pg 6 U.S. Government Project, K.S.A.79-3606(e) pg 6 Motor Vehicle Refund pg 7 Other (please explain) _______________________________________________________________ _______________________________________________________________________________________________ You are required to complete Part D (page 9). Retailer should complete Part E (page 10). If the retailer does not respond, the claimant will need to complete Part F (page 11). I declare under penalties of perjury that to the best of my knowledge this is a true, correct, and complete application. __________________________________________________________________________________________________________ Signature of Retailer (ONLY owner, partner, company officer or POA) Date __________________________________________________________________________________________________________ Signature of Claimant (ONLY owner, partner, company officer or POA) ST-21 (Rev. 6-20) Date 8 No Yes I agree to accept all written notices sent by the Department electronically, in lieu of written notice sent first class mail, and waive any objection to the legal sufficiency of any such notice because it was sent electronically. No Yes I agree to accept all written notices sent by the Department electronically, in lieu of written notice sent first class mail, and waive any objection to the legal sufficiency of any such notice because it was sent electronically. Invoice Date Invoice Number Vendor Name on Invoice Description of Item(s) Retail Price Tax Paid Reason for Exemption * 465002 TOTAL REFUND REQUESTED Account Code PART D - REFUND REQUEST SCHEDULE (If additional lines are needed, make copies of this schedule. Provide it electronically if available). * For requests under K.S.A. 79-3606(kk), K.S.A. 79-3606(m), or K.S.A. 79-3606(n) you must include a factual statement of usage along with exemption reason. 9 465003 465003 PART E - ASSIGNMENT ASSIGNMENT OF OF RIGHT RIGHT TO TO REFUND REFUND ASSIGNMENT OF RIGHT TO REFUND Pursuant to K.S.A. 79-3650(a)(4) Retailer assignment of right to allow purchaser/consumer to file refund request directly with the Kansas Department of Revenue. (1) My name is_________________________________________________________________ , and I am a duly authorized representative of_____________________________________________ _______________________________________________________________________________________________ (the “Assignor/Retailer”). By executing this Assignment of Right to a Refund (“Assignment”), the Assignor/Retailer assigns all rights and interest to the tax refund herein described that the Assignor/Retailer may have to____________________________________________________________________________ (the “Assignee/Consumer”), subject to the limitation noted herein. The Assignee’s/Consumer’s federal Employer Identification Number (EIN) is__________________________________________________________________ . (2) The tax refund that is subject of this Assignment is described as follows: Tax Type:____________________________________________________________ Period(s):____________________________________________________________________________________________________ Requested Amount:_____________________________________________ Transactions:_________________________________________________________________________________________________________________________________ (Attach schedule if necessary) Please explain other specific limitations:_______________________________________________________________________________________________________________________________________ (3) The Assignor/Retailer agrees to provide to the Assignee/Consumer any information or documentation in their possession needed for submission to the Kansas Department of Revenue to support or prove the refund request. Assignor/Retailer waives confidentiality to the extent necessary for the Kansas Department of Revenue to verify the tax sought to be refunded was remitted to the Kansas Department of Revenue. (4) By executing this Assignment, the Assignor/Retailer affirms that the Assignor/Retailer remitted the tax sought to be refunded and has neither previously claimed a refund nor taken a credit on a return for taxes that are subject of this Assignment, and further affirms that the Assignor/Retailer will not claim a refund or a credit for those taxes in the future in accordance with K.S.A. 79-3615(j). (5) The Assignor/Retailer understands the Assignor/Retailer shall be subject to the penalties of K.S.A. 79-3615(h) for any false information provided in this statement. [$500 to $10,000 fine and one to six months imprisonment] ________________________________________________________________________________________ ____________________________________________ ________________________________________________________________________________________ ____________________________________________ ________________________________________________________________________________________ ____________________________________________ ________________________________________________________________________________________ ____________________________________________ Assignor/Retailer Entity Name Print or type the name of the person authorizing assignment Signature of person authorizing assignment Email address Tax Account Number Relationship to Entity Date Phone Number I certify under penalties of perjury that, to the best of my knowledge, all of the information and statements made in this Assignment of Right to Refund are true and correct. STATE OF KANSAS ) ) SS: COUNTY OF_________________________________________________________ ) This Assignment of Right to Refund was acknowledged before me on_________________________________________________________________________ , 20_________________ by _______________________________________________________________________________________________________ as _________________________________________________________________________________________ . Name of Assignor/Retailer and Official Capacity (officer, superintendent, business manager, etc.) Notary Public:___________________________________________________________________________ My appointment expires:_____________________________________________ 10 465004 PART F - CLAIMANT / CONSUMER AFFIDAVIT AFFIDAVIT This refund application is being submitted directly to the Kansas Department of Revenue without the participation of _________________________________________________________ for the following reason: (Retailer's Name) The retailer is no longer in business. The retailer has moved and the Consumer cannot locate the Retailer. The Consumer attempted in good faith to obtain a refund from the Retailer and provides documentation that the Retailer refused or is unable to refund the tax or did not act within 60 days of the date of the first refund request. “Good Faith” means that the consumer provided the retailer with all of the documentation and information needed to determine the validity of the refund request and has otherwise made a reasonable attempt to obtain the refund from the retailer. This includes making a reasonable attempt to find the correct address of the retailer. A mere request that a retailer agrees to allow the consumer to file a refund claim directly with the department, without completing the Assignment of Right to Refund form, shall not constitute a good faith attempt to obtain the refund from the retailer. (Retailers may be contacted.) A copy of the certified letter and mail receipt to the retailer must be attached to the refund request. On ________________________________________________________ the first refund request and required documents were sent to (Date) ________________________________________________________ . (Retailer's Name) I certify under penalties of perjury that, to the best of my knowledge, all of the information and statements made in this Affidavit are true and correct. ___________________________________________________________________________________________________________________________________ (Claimant/Consumer’s Signature) ________________________________________ (Date) STATE OF KANSAS ) ) SS: COUNTY OF__________________________________________________________ ) SUBSCRIBED AND SWORN TO before me on_________________________________________________ , 20_____________ by ___________________________________________________________ Notary Public:___________________________________________________________________________ My appointment expires:_____________________________________________ 11 TAXPAYER ASSISTANCE This publication is a general guide and will not address every situation. If you have questions or need additional information, please contact us at: Phone: 785-296-7108 Fax: 785-296-0531 Email: [email protected] If you wish to visit with someone in person, please call 785-296-7108 to set up an appointment. Office hours are 8 a.m. to 4:45 p.m., Monday through Friday. PUBLICATIONS Below is a list of publications available on the Kansas Department of Revenue’s website. These publications contain instructions applicable to specific business industries and general information for all business owners. • • • • • • • • • • • • • • • Publication KS-1216, Kansas Business Tax Application Publication KS-1220, Kansas Sales and Use Tax Refund Publication KS-1221PEC, Kansas Sales and Use Tax Refund (for use by PEC entities) Publication KS-1510, Kansas Sales and Compensating Use Tax Publication KS-1515, Kansas Tax Calendar of Due Dates Publication KS-1520, Kansas Exemption Certificates Publication KS-1525, Kansas Sales and Use Tax for Contractors, Subcontractors and Repairmen Publication KS-1526, Kansas Business Taxes for Motor Vehicle Transactions Publication KS-1527, Kansas Business Taxes for Political Subdivisions Publication KS-1530, Kansas Tire Excise Tax Publication KS-1540, Kansas Business Taxes for Hotels, Motels and Restaurants Publication KS-1550, Kansas Business Taxes for Agricultural Industries Publication KS-1560, Kansas Business Taxes for Schools and Educational Institutions Publication KS-1700, Kansas Sales and Use Tax Jurisdiction Code Booklet KW-100, Kansas Withholding Tax Guide STATE SMALL BUSINESS WORKSHOPS As part of our commitment to provide tax assistance to the business community, Tax Specialists within the Kansas Department of Revenue conduct small business workshops on Kansas taxes at various locations throughout Kansas. Whether you are a new business owner, an existing business owner, or an accountant, these workshops will give you the tools and understanding necessary to make Kansas taxes easier and less time consuming for you. Topics covered include filing and reporting requirements and methods, what is taxable, what is exempt and how to work with the department in collecting and remitting Kansas taxes. For a schedule of our workshops, visit our website. Pre-registration is required and a fee may be charged by the sponsoring Small Business Development Center (SBDC).
Pub. KS-1220 Kansas Sales and Use Tax Refund Rev. 2-22
More about the Kansas Form ST-21 Sales Tax TY 2023
Complete this application using the instructions that begin an page 5. Entries are required on all fields marked with an asterisk (*). An incomplete application and missing documentation will delay the processing of your refund.
We last updated the Sales and Use Tax Refund Application in February 2024, so this is the latest version of Form ST-21, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form ST-21 directly from TaxFormFinder. You can print other Kansas tax forms here.
Other Kansas Sales Tax Forms:
TaxFormFinder has an additional 73 Kansas income tax forms that you may need, plus all federal income tax forms.
View all 74 Kansas Income Tax Forms
Form Sources:
Kansas usually releases forms for the current tax year between January and April. We last updated Kansas Form ST-21 from the Department of Revenue in February 2024.
About the Sales Tax
Sales taxes are applied to the transfer of goods (and sometimes services) to the end consumer in most of the fifty states, and are collected by the vendor from their customers and remitted to the state taxation department on a regular basis. Therefore, most sales tax related tax forms are applicable to businesses, and not private individuals.
Historical Past-Year Versions of Kansas Form ST-21
We have a total of six past-year versions of Form ST-21 in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:
Pub. KS-1220 Kansas Sales and Use Tax Refund Rev. 2-22
Pub. KS-1220 Kansas Sales and Use Tax Refund Rev. 2-22
ST-21 Sales and Use Tax Refund
ST-21 Sales and Use Tax Refund
ST-21 Sales and Use Tax Refund Rev. 6-18
Publication Sales & Use Tax Refund Application st-21 (Rev. 2-15)
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