On May 3, the Kansas Legislature overrode Governor Kelly’s veto of SB 50. As a result, marketplace facilitators will now be required to collect sales and use tax beginning July 1, 2021 if they exceed a $100,000 nexus threshold. The legislation also requires marketplace facilitators to collect 911 fees beginning April 1, 2022. Please see our previous post here for more information about the marketplace facilitator collection provisions in SB 50.
In addition to requiring marketplace collection, the legislation also decouples the state from GILTI and 163(j) and eliminates the state’s ten-year net operating loss carryforward cap for losses incurred in tax year 2018 or later, among other provisions.