Pay to File Your Kansas Income Tax?

[Wilma]

The Kansas Secretary of Revenue is asking for a fee of $25.00 from people who file their income taxes on a paper form.  She is also asking for a $10.00 fee if you want your refund by paper check instead of direct deposit.  You all can already see what this would do for old people and poor people who don't have a computer or the resources to have their taxes filed electronically.  Or a checking account for direct deposit.

But my question is this:  Is this constitutional?  Can you be charged for doing something that the law requires you to do?  I know we pay for our driver's license and fishing licenses, etc.  But these are things that you do by choice.  You choose to get your driver's license so you can drive legally.  You can also choose to not drive and still be within the law.  You choose to pay for a fishing license so you can legally fish.  You can also choose to not go fishing and still be within the law.  By law you cannot choose to not file an income tax return and still be within the law.  My reasoning is that if you are required by law to do something that if you don't do it, you are breaking the law, you should not have to pay to do it.

[W. Gray]

There is an old saying that what is constitutional is what the current Supreme Court says it is.....

You pose an interesting question, Wilma, and this does not answer your question but it may help some other folks on the forum who may be helping some residents in Kansas get refunds.

I ran into the problem of not being able to download Kansas tax forms this year, as their forms for 2009 are printed on magnetic ink for scanning. I requested a "scannable" blank copy from Kansas Department of Revenue but they advised it would take up to twelve weeks to send out. They then recommended I file on their web site, which I did.

That web site features two programs in which people can file for the senior Kansas sales tax refund (or a more complicated return) and the Kansas Homestead refund. I asked for a check mailed to the filer and there was no mention of a charge for sending one.

Throughout my inquiries, though, the information I received from those folks in Topeka was rather consistent in that they did not have any extra money, they were not and could not hire extra help, and if you filed paper it could take some time to get your refund.

http://www.ksrevenue.org/iiwebfile.htm

[Wilma]

This is only a request so far.  It has to be acted on before the charges can be made.  So, for this year, it can still be done the old way.  And yes, if you insist on filing paper, your refund will not come back as fast as usual.  That is a choice that I will have to make.  Fast refund or file on paper.  I am just questioning the constitutionality of requiring a fee to be allowed to file on paper when the act of filing is required by law and it is breaking the law if you do not file.  Also, requiring a fee for mailing the refund check.

The article about this is on the front page of today's Wichita Eagle.

[Wilma]

From what I have learned from the news, our state of Kansas, like other states, is in financial difficulties to the point that they want to start charging us for filing an income tax return to claim an $84.00 Food Sales Tax Refund.

Why not revoke the Food Sales Tax Refund, save me the trouble of filing, not to mention the fee they want for filing on paper, save the State the trouble of processing my return, save the paper involved in sending me the booklet to file for the refund, save me from having to provide them with my direct deposit information just to save myself another $10.00. 

Maybe I won't even claim the refund this year.  If everybody else refrains from claiming the refund, how much would that save the state?

My Homestead Tax Refund is a different story.  That comes to several hundred dollars. 

[W. Gray]

I have wondered that also.

The state of Colorado exempts food purchases from sales tax if the food is purchased in a grocery store. Non food stuff purchased in a grocery store is taxable. [complicating this is that the local governments may tax grocery store purchases if they desire]

Restaurant sales are taxed.

Colorado also approaches the Homestead exemption in a different manner by giving all senior citizens an across the board tax break up front. The county has to factor in the exemption when billing the property owner. State law, though, provides that a sitting legislature has the authority to terminate the exemption for a period of time if the revenue is needed. Right now, it has been terminated for a period of two years. In recent years, the game seems to be that a Democrat controlled legislature terminates the exemption and a Republican controlled legislature reinstates the exemption.

The Kansas homestead exemption is more equitable because it provides a tax break on a scale that gives a bigger break to those most in need. And, nothing to those who do not need it.

But the way the state goes about making the refund seems rather unnecessary.

[Wilma]

It is official.  I have studied the filing requirements for income tax returns and find that I do not meet the requirements.  Therefore, I will not be filing income tax returns this year.  Also, I am not going to file for the Food Sales Tax Refund.  I am going to let the state keep my $84.00.  The Homestead Refund is another story.  That will come to several hundred dollars and that I will claim.

[Diane Amberg]

Now I'm going to be very nosy and ask why you are letting Kansas keep your $84.00? You don't come out ahead?

[Wilma]

The State of Kansas is close to being broke.  Their payments to the schools has been late more than once this year because the revenue to make the payments isn't as much as had been budgeted for.  By not filing a return and not claiming my $84.00, I am saving them the $84.00 plus the expense of processing my return and mailing a check to me.  The $84.00 isn't going to make much difference in my personal deficit.  I am not even sure I spent that much in food sales tax last year.  Besides I am not greedy.

Actually, I think that in view of the income problem that the state is having that they should eliminate the food sales tax refund.  Then they could eliminate the sales tax on food.

[Diane Amberg]

Wilma, you are a real gem.