Kan. Stat. Ann. § 79-32,305
Definitions.
Operative Text
As used in K.S.A. 2025 Supp. 79-32,304 through 79-32,309, and amendments thereto: (a) "Act" means the provisions of K.S.A. 2025 Supp. 79-32,304 through 79-32,309, and amendments thereto; (b) "allocation certificate" means a statement issued by the KHRC certifying that a given development is eligible for the credit and specifying the amount of the credit allowed; (c) "credit" means the Kansas affordable housing tax credit allowed pursuant to this act; (d) "credit period" means the credit period as defined in section 42(f)(1) of the federal internal revenue code; (e) "director" means the director of taxation pursuant to K.S.A. 75-5102, and amendments thereto; (f) "federal tax credit" means the federal low-income housing tax credit provided by section 42 of the federal internal revenue code; (g) "KHRC" means the Kansas housing resources corporation, a not-for-profit subsidiary of the Kansas development finance authority incorporated pursuant to K.S.A. 74-8904(v), and amendments thereto; (h) "pass-through entity" means any: (1) Limited liability company; (2) limited partnership; or (3) limited liability partnership; (i) "pass-through certification" means a certification provided to the director by any pass-through entity allocating a credit to its partners or members, certifying the amount of credit to be allocated to each partner or member of such pass-through entity; (j) "qualified allocation plan" means the qualified allocation plan adopted by the KHRC pursuant to section 42(m) of the federal internal revenue code; (k) "qualified development" means a "qualified low-income housing project," as that term is defined in section 42 of the federal internal revenue code that is located in Kansas and is determined by the KHRC to be eligible for a federal tax credit whether or not a federal tax credit is allocated with respect to such qualified development; and (l) "qualified taxpayer" means an individual, a person, firm, corporation, or other entity that owns an interest, direct or indirect, in a qualified development and is subject to the taxes imposed by the Kansas income tax act, the privilege taxes imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, or the premium taxes imposed pursuant to K.S.A. 40-252, and amendments thereto.
Kan. Stat. Ann. §§ 79-32,304 and 79-32,305 establish the foundational vocabulary for Kansas's affordable housing tax credit program. Key terms defined include the 'credit' (the Kansas affordable housing tax credit), the 'KHRC' (Kansas Housing Resources Corporation, which administers the program), and 'qualified development' (a low-income housing project in Kansas that meets federal Section 42 criteria). These definitions govern how the credit is allocated, certified, and claimed throughout the rest of the statutory framework in §§ 79-32,304 through 79-32,309.
Plain English — not legal advice.
Property owners and developers pursuing the Kansas affordable housing tax credit under §§ 79-32,304 and 79-32,305 generally work within the framework these definitions establish. A compliant operator ensures their project qualifies as a 'qualified development' under Section 42 of the federal Internal Revenue Code and is recognized by the KHRC, and obtains an 'allocation certificate' from the KHRC specifying the credit amount. Pass-through entities such as limited liability companies and limited partnerships that allocate the credit to partners or members typically provide a 'pass-through certification' to the director of taxation as defined in this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While §§ 79-32,304 and 79-32,305 are primarily definitional and directed at developers and tax authorities, they underpin the Kansas affordable housing tax credit program that incentivizes the creation of affordable rental housing. Tenants living in properties developed under this framework may benefit from the affordability requirements tied to 'qualified developments' as defined here and enforced through the KHRC and federal Section 42 rules. Tenants who have questions about whether a property is participating in this program or meeting its affordability obligations may consult a local tenant-rights organization or the KHRC for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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