Knowledge Base

12070: KS - Homestead Claim and Food Sales Tax Credit


How do I generate the KS 40-H, KS 40-PT, or the Food Sales Tax Credit? 

The  Food Sales Tax Refund on the KS 40, and the Homestead Claim on the K-40H/Property Tax Relief Claim on the K-40PT, as applicable, can be generated and e-filed through Drake Tax. 

KS 40H Homestead Claim or 40PT Property Tax Relief Claim

The KS 40H and KS 40PT are both e-filed with the KS 40 form. Screen H in KS data entry can be used to make selections, force the K-40H or K-40PT to be printed, answer questions, and override information for the KS Homestead/Property Tax Relief Claim. The "Why do I not qualify for K40H or PT?" link on screen H displays requirements and qualifications for the 40H or 40PT. Also see the Kansas instructions for details.  

Food Sales Tax Credit 

The Food Sales Tax Credit is a non-refundable credit that is calculated for eligible taxpayers and appears on the KS 40, page 1, line H and page 2, line 17. See the Kansas instructions for qualifications and thresholds. 

NOTE: Dependents that are 18 years of age or older do not qualify as exemptions for this tax credit and no additional exemption is allowed for head of household filing status.

The Homestead Claim and Food Sales Tax Credit are only allowed on returns that are timely filed by the due date, or extended due date, of the return. If filing the return after April 15th, the following notes will generate detailing the state requirements and informing you that the credit/refund may be denied if filing after the due date without good cause: 

109 Food Sales Tax Refund

All returns requesting a food sales tax refund MUST BE RECEIVED by the department NOT LATER THAN April 15th or within the federal extension period. Failure to file for a food sales tax refund before October 15th will result in a denial of the refund. The Director of Taxation may extend the time for filing any claim when good cause exists, or accept a claim filed after the deadline for filing in the case of sickness, absence or disability of the claimant if such claim has been filed within four years of such deadline.

110 KS40H/40PT

The KS40H/40PT credit must be filed by 4/15. The department may accept a claim filed after the due date whenever good cause exists, provided that the claim is filed within four years of the original due date. Examples of good cause include, but are not limited to, absence of the claimant from the state or country or temporary illness of the claimant at the time the claim was due. When filing a late claim, enclose an explanation with documentation as to why it is late. If your homestead claim will be late because you have an extension of time to file your income tax return, enclose a copy of the income tax extension with your homestead claim.

To print the K-40H or K-40PT for a return that was filed before the April 15 deadline, go to the PRNT screen. In the Date to print on returns field, enter the date the return was actually filed. If this entry is used, and the date actually filed was before 4/15, the notes page will not be produced.

If the K-40H or K-40PT are not being generated, go to the KS PRNT screen and check the box to print the K40H & K40PT (Homestead/Safe Senior) notes page. This will show why the credit is being disallowed. 

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