K.A.R. 92-12-94
Payroll factor; compensation paid in this state.
Compensation is paid in this state if any of the following tests, applied consecutively, are met:
# (a)
The employee’s service is performed entirely within in the state.
# (b)
The employee’s service is performed both within and without the state, but the service performed without the state is incidental to the employee’s service within the state. The word “incidental” means any service which is temporary or transitory in nature, or which is rendered in connection with an isolated transaction.
# (c)
If the employee’s services are performed both within and without this state, the employee’s compensation will be attributed to this state: (1) If the employee’s base of operations is in this state; or
(2) If there is no base of operations in any state in which some part of the service is performed, but the place from which the service is directed or controlled is in this state; or
(3) If the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee’s residence is in this state.
The term “place from which the service is directed or controlled” refers to the place from which the power to direct or control is exercised by the taxpayer.
The term “base of operations” is the place of more or less permanent nature from which the employee starts his work and to which he customarily returns in order to receive instructions from the taxpayer, or communications from his customers or other persons, or to replenish stock or other materials, repair equipment, or perform any other functions necessary to the exercise of his trade or profession at some other point or points. (Authorized by K.S.A. 79-3236, 79-3284, 79-4301; effective May 1, 1979.)
Amendment history
(Authorized by K.S.A. 79-3236, 79-3284, 79-4301; effective May 1, 1979.)
Source: official source document (2022 KAR Book 4, Kansas Secretary of State)
In this article (40 sections)
- 92-12-74 · Proration of deductions.
- 92-12-75 · Definitions.
- 92-12-76 · Apportionment.
- 92-12-77 · Combined income method of reporting.
- 92-12-78 · Allocation.
- 92-12-79 · Consistency and uniformity in reporting.
- 92-12-80 · Taxable in another state; in general.
- 92-12-81 · Taxable in another state; when a corporation is “subject to”…
- 92-12-82 · Taxable in another state; when a state has jurisdiction to…
- 92-12-83 · Apportionment formula.
- 92-12-84 · Property factor; in general.
- 92-12-85 · Property factor; property used for the production of…
- 92-12-86 · Property factor; consistency in reporting.
- 92-12-87 · Property factor; numerator.
- 92-12-88 · Property factor; valuation of owned property.
- 92-12-89 · Property factor; valuation of rented property.
- 92-12-90 · Property factor; averaging property values.
- 92-12-91 · Payroll factor; in general.
- 92-12-92 · Payroll factor; denominator.
- 92-12-93 · Payroll factor; numerator.
- 92-12-94 · Payroll factor; compensation paid in this state.
- 92-12-95 · Sales factor; in general.
- 92-12-96 · Sales factor; denominator.
- 92-12-97 · Sales factor; numerator.
- 92-12-98 · Sales factor; sales of tangible personal property in this…
- 92-12-99 · Sales factor; sales of tangible personal property to United…
- 92-12-100 · Sales factor; sales other than sales of tangible personal…
- 92-12-101 · Special rules; in general.
- 92-12-102 · Special rules; property factor.
- 92-12-103 · Special rules; sales factor.
- 92-12-104 · 92-12-104
- 92-12-105 · Contribution to income; debtor setoff.
- 92-12-106 · Composite returns for nonresident partners and shareholders.
- 92-12-109 · Report of income adjusted by internal revenue service.
- 92-12-110 · Combined income method of reporting; surtax exemption.
- 92-12-111 · Special rules; airlines.
- 92-12-112 · Sales factor numerator; assignment of sales of a…
- 92-12-113 · Credit for property tax paid on commercial and industrial…
- 92-12-114 · Determining transportation income within a unitary group.
- 92-12-120 · Definition of qualified taxpayer.