SECTION I. - Employer Liability
What
Employing Units are Subject
Period
of Liability
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Employer Liability
All employing units doing business in Kansas are
subject to the provisions of the Employment Security law. However,
not all employing units are subject to the taxing provisions of
the law. Coverage is determined by the type and nature of the
business, the number of workers employed, and the amount of wages
paid for services in employment.
Every employing unit that begins business operations
in Kansas is required to file form K-CNS 010, "Status
Report," within 15 days of the date of
first employment. Upon receipt of the completed form, a determination
of employer liability will be made and the employing unit notified
accordingly.
You are automatically liable for coverage
if you:
- you acquire all, or substantially all of the
employing enterprises, organizations, trade or business, or
substantially all of the assets of another employer subject
to this act.
- you acquire less than 100 percent of an employer's
annual payroll when the partial successor employing unit is
controlled substantially by the same interests as the predecessor
employer and intends to continue the acquired portion as an
ongoing business.
- you are liable to the federal government for
Federal Unemployment Tax (FUTA).
- you are a state or local governmental organization
or an instrumentality of a state or local government or Indian
Tribe.
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You will establish
liability for coverage if:
- your employment is in a business other
than agricultural, domestic, or certain qualifying nonprofit
organizations, and you have one or more employees who
work for any portion of a day in 20 different weeks in a calendar
year, or if your gross payroll for any calendar quarter is $1,500
or more.
- your employment is agricultural,
and you employ 10 or more workers in any portion of 20 different
weeks in a calendar year, or have a payroll of $20,000 or more
cash wages in any one calendar quarter.
- your employment is domestic service
performed in a private home, local college club, fraternity
or sorority, and you have a quarterly payroll of $1,000 or more
cash wages in any one calendar quarter.
- you qualify as a nonprofit organization
for unemployment insurance purposes. To qualify, you must have
been issued a 501(c)(3) exemption letter by the Internal Revenue
Service and employ four or more workers in any portion of 20
different weeks in a calendar year.
- your employment follows a period of less
than three years' inactivity in which your previously
established unemployment insurance account was never officially
terminated.
- you are not otherwise subject to the
taxing provisions of the law and you voluntarily elect
to become a covered employer for a period of not less than two
calendar years.
Period of Liability
If you meet liability requirements at any time during
a year, you must file a "Quarterly Wage Report and Unemployment
Tax Return" for all quarters of that year in which you had
any employment. A quarterly wage report must be filed each quarter thereafter until your account is closed.
For more information, contact us at:
Kansas Department of Labor
Division of Employment Security
Contributions Branch
401 SW Topeka Boulevard
Topeka, KS 66603
(785) 296-4878, 296-5027 or 296-2595
e-mail
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