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Frequently Asked Questions, FAQs

Can I file tax reports using alternate methods?
How do I get tax reports and publications?
What are the UI tax rates?
What are wages?
What is the difference between an employee and an independent contractor?
Who is a domestic or household employer?
How do I notify you of a change in my business?
Who is an employee?
Who is an employer?
My question isn't listed, how can I get more information?

Yes, KDOL offers alternate methods of filing wage and tax information. Employers and tax preparers may file payroll tax reports by Internet, reports printed on their own computers, or the quarterly tax return mailed to them by the agency.

For additional information on electronic filing options or to enroll for online filing:

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The Quarterly Wage Report and Unemployment Tax Return, K-CNS 100, is mailed to all active employers at the end of each quarter. Frequently requested reports are available online. The Employer Handbook, K-CNS 430, is mailed to all new employers. It is available online in HTML or PDF.

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Tax rates and the quarterly tax due can be compared to insurance rates and premiums. Changes in an employer's account, such as charged claims, account balance, or a variance of insured wages, can affect the annual tax rate computation. Tax rate notices are mailed each year.

Additional information on tax rate computation is available in our handbook. A chart of tax rates is published each January.

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All money, the value of meals and lodging, or other goods and services provided to an employee as payment for personal services are "wages." Payment may be by private agreement, consent, or mandated by law.  A table with some examples of taxable and exempt payments is available.

The method of payment does not change the taxability of wages paid to employees, no matter what terminology is used. Commissions, payments by the day, by the hour, by "piece rate," or any other measurement are wages, even if the employee is a casual worker, day or contract laborer, part-time, or temporary worker.

More information is available in our handbook.

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An employer-employee relationship exists when a person who hires an individual to perform services has the right to exercise control over the manner and means by which the individual performs his or her services. The right of control, whether or not exercised, is the most important factor in determining the relationship. The right to discharge a worker at will and without cause is strong evidence of the right of direction and control. Among others, the following factors are also considered.

  • Whether the one performing the services makes the services available to the general public.
  • Whether the principal or the person providing the services supplies the tools, equipment, and place of work for the person doing the work.
  • The length of time for which the services are performed to determine whether the performance is an isolated event or continuous in nature.
  • The method of payment, whether by time, a piece rate, or by the job.
  • Whether or not the work is part of the regular business of the principal.
  • The extent of actual control exercised by the principal over the manner and means of performing the services.
  • Whether the worker can make business decisions that would enable him or her to earn a profit or incur a financial loss. Investment of the worker's time is not sufficient to show a risk of loss.

A written contract which claims to create the relationship of principal and independent contractor is not controlling if the practice of the parties shows that the principal retains the right of control under the common law test.

The strong indication of employment is when the work being done is an integral part of the regular business of the employer and the work is performed at the place of business .

If you are unsure as to whether your workers are employees or independent contractors, see our handbook or email us.

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An employer of domestic services can be a:

  • Private household
  • Local college club
  • Local chapter of a college fraternity or sorority

Domestic work includes the services of cooks, waiters, waitresses, butlers, housekeepers, governesses, governors, maids, valets, baby-sitters, janitors, laundresses, caretakers, home health care workers, handypersons, gardeners, chauffeurs, crews of private yachts and pilots of private airplanes for family use.

A domestic employer becomes subject to state employment taxes as follows:

  • When cash wages of $1,000 or more are paid in a quarter.
  • Once a domestic employer meets the limits of cash wages, all cash and non-cash payments such as the value of meals and lodging must be reported as wages.

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If the ownership of your business has changed, or if you're no longer in business, a Notice of Change, K-CNS 020, is required. This report is included as a part of your Quarterly Wage Report Unemployment Tax Return. The Notice of Change is also available as a PDF file to print and complete. If you have registered for online filing, you may logon to complete an online Notice of Change. You will need your registration and PIN information.

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As defined in the Kansas employment security law, an employee includes:

  • Any officer of a corporation
  • Any worker who is an employee under the usual common law rules
  • Any worker whose services are specifically covered by law

An employee may perform services on a less than full-time or temporary basis. The law does not exclude services from employment which are commonly referred to as day labor, part-time help, casual labor, temporary help, probationary or outside labor.

More information is available in our handbook.

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Two types of employers are those who run a business and those who hire domestic services. Employers who run a business can be a person or a legal entity and include:

  • Sole Proprietors
  • Partnerships
  • Joint Ventures
  • Corporations
  • Limited Liability Companies
  • Estates
  • Associations and Trusts
  • Nonprofit and Charitable Organizations
  • Public Entities, Including State and Federal Agencies
  • Other Organizations

An employer becomes subject to state employment taxes upon paying a worker(s) more than $1500 in a calendar quarter and must register with the Department within 15 days.

More information is available in our handbook

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Our handbook provides information about your unemployment tax account. It is available to read online. If you require a paper copy, a PDF file is available for download and printing. Our handbook has a list of field offices, you may call or fax your local field representative. Our administrative office staff is also available to assist you with your unemployment tax questions.

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Page last updated February 6, 2008