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A Kansas LLC Operating Agreement is a written contract between the LLC Members (LLC owners). This legal document includes detailed information about LLC ownership structure, who owns the company and how the LLC is managed.
By default, Kansas LLCs are taxed as pass-through entities, meaning the LLC does not pay federal taxes directly. Pass-through entities have revenue from the business passed to the members, who then pay the state personal income tax rate of 3.5%, 6.25%, or 6.45% on the earnings, depending on the amount of earnings.
LLC operating agreements usually provide much more information, and almost all the provisions for how the business will be managed, and the rights, duties, and liabilities of members and managers are contained in the operating agreement. An operating agreement is a private document.
Do you need an operating agreement in Kansas? No, it's not legally required in Kansas under § 17-76,134. Single-member LLCs need an operating agreement to preserve their corporate veil and to prove ownership. And multi-member LLCs need one to help provide operating guidance, determine voting rights and contributions.
Your LLC must file a IRS Form 1065 and a Kansas Partnership Return (Form K-120S). LLC taxed as a Corporation: Yes. Your LLC must file tax returns with the IRS and the Kansas Department of Revenue to pay your Kansas income tax. Check with your accountant to make sure you file all the correct documents.