Consumers’ Compensating Use

During the 2022 Legislative Session House Bill 2106 was passed and signed into law. Beginning January 1, 2023, the Bill reduces the state sales and compensating use tax rate on food and food ingredients. – Notice 22-15

Since July 1, 2010, businesses have been required to submit Retailers’ Sales Compensating Use and Withholding Tax returns electronically. The development and use of paperless formats promotes efficiency, reduces processing costs and therefore, aids in reducing the overall cost of government. Customers can call 785-368-8222 for more information.

Notice of Electronic Filing Mandate

Compensating Use Tax is a tax paid on merchandise purchased from other states and used, stored, or consumed in Kansas on which no sales tax was paid. It is also due if the other state’s rate is less than the Kansas rate of 6.50 percent paid at the time of purchase. The tax protects Kansas businesses from unfair competition from out-of-state retailers who sell goods either tax-free or at a lower tax rate. It also assures fairness to Kansans who purchase similar items in Kansas and pay Kansas sales tax. This use tax compensates for the lack of sales tax paid at the time of purchase. Use tax is due whether the property is shipped into Kansas or picked up in another state and brought back to Kansas. It applies only to tangible personal property; labor services are not subject to use tax. Like sales tax, compensating use tax is based on the total cost of the goods purchases, including postage, shipping, handling, or transportation charges.

The Compensating Use Tax rate is the same 6.5 percent as the state Sales Tax rate. Local Use Tax, if levied by City and/or County is imposed on all transactions which are currently subject to State Use Tax.

Individual Kansas consumers buying goods in other states or through catalogs, mail-order companies, over the Internet, or from television, magazine or newspaper advertisements must pay Kansas Consumers Compensating Use Tax on these purchases if the seller does not charge a tax of at least 6.50 percent.

Consumers' Compensating Use Forms and Publications

Publications assist in understanding the provisions of Kansas tax laws and regulations and are designed for informational purposes only. The contents should not be used as authority to support a technical position.