40-2803. Same; net income defined for computing tax on life insurance companies.

40-2803

Chapter 40.--INSURANCE
Article 28.--TAXATION OF COMPANIES

      40-2803.   Same; net income defined for computing taxon life insurance companies.For the purpose of computing the tax imposed upon life insurancecompanies under the provisions of this act the term "net income" shall meanthe net taxable income for the preceding calendar year of such company asdetermined under the provisions of section 802 of the internal revenue codeof 1954, as heretofore or hereafter amended. The term "net income" shallnot include dividends received from stock issued by Kansas VentureCapital, Inc. to the extent such dividends are included in the Kansastaxable income of a corporation, interest income on obligations of thisstate or a politicalsubdivision thereof which is specifically exempt from income tax under thelaws of this state authorizing the issuance of such obligations.The term "net income" shall include the amount of any charitable contributionmade to the extent the same is claimed as the basis for the credit allowedpursuant to K.S.A. 79-32,196, and amendments thereto. The term "net income"shall include the amount of any contribution made to the extent the same isclaimed as the basis for the credit allowed pursuant toK.S.A. 2009 Supp.74-50,154, andamendments thereto. In case the entire business of such company is nottransacted within this state, the net income for the purposes of this act shallbe determined by multiplying such net income by a fraction, the numerator ofwhich shall bethe premiums received from business transacted within this state and thedenominator of which is the amount of premiums received by such companyfrom all its business. Insurance companies connectedthrough stock ownership, which operate under common control and managementare hereby authorized to make a consolidated return for the purpose ofdetermining "net income" under the provisions of this section andintercompany transactions shall not be considered or included for thepurpose of such determination.

      History:   L. 1970, ch. 184, § 3;L. 1973, ch. 197, § 1;L. 1986, ch. 332, § 5;L. 1994, ch. 38, § 6;L. 2004, ch. 112, § 71; July 1.