Kansas Sales Tax Filing Update 2021: Marketplace Facilitator Laws
In 2019, Kansas proposed a law to require Marketplaces to collect and remit sales tax on sales facilitated through the marketplace. This law passed in May 2021 and therefore becomes effective July 1, 2021.
•Amazon, eBay, and Walmart have begun this collection on July 1, 2021.
Please review general information regarding Marketplace Facilitators and how your TaxJar Sales Tax Reports support these changes here in our FAQ.
In this article, we summarize Kansas’s state guidance on the following questions:
- Do I need to register for a sales tax license in Kansas?
- Should I cancel my existing registration if all my sales are marketplace-collected?
- Do I need to collect sales tax on Kansas sales on non-marketplace platforms?
- Do I still need to file returns in Kansas?
- How do I file without paying double tax on the sales that were collected and remitted by my Marketplace?
I've never registered for a Kansas license. Do I need to register for a sales tax license in this state now?
According to the state's guidance, a marketplace seller is "a seller that makes sales through any physical or electronic marketplace operated, owned or controlled by a marketplace facilitator."
I have already registered for a license in Kansas and all of my sales are Marketplace-only sales. Should I cancel my existing registration?
If you are a marketplace seller who has already registered due to physical presence (such as inventory stored in your Marketplace's warehouse) or you have voluntarily registered, you should remain registered, according to the DOR.
- The state has not provided clear guidance regarding this question. Therefore, we strongly recommend contacting the state directly to discuss your specific situation before canceling your registration.
Do I need to collect taxes on my Kansas sales through other platforms?
Yes. If you have nexus in the state (physical or economic) and you make sales to customers in Kansas on platforms outside of the marketplace that is automatically collecting and remitting, you will also need to collect tax on your end on the Kansas orders that are processed on the other platforms.
Do I still need to file returns in Kansas?
- If you've previously registered, the state expects you to remain registered and continue to file returns.
- If your only sales are Marketplace sales, the state may still expect you to file a zero return.
I still need to file returns in Kansas. How do I do this without paying double tax on the sales that were collected and remitted by my Marketplace?
- This number consists of your marketplace sales and is for informational purposes only. You are not required to include marketplace sales in your Kansas returns, so they are excluded from Gross Sales.
- If you're enrolled in AutoFile for Kansas, our system will handle the Marketplace sales deduction process automatically!