38-2503.
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/ks/chapter-38/38-2503A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
38-2503. Designation of adoption savings account; designated beneficiary; contribution limits; responsibilities of account holder; survivorship interest not created for designated beneficiary; payment of such account upon death of account holder.
(a)On and after July 1, 2025, any individual may open an account with a financial institution and designate the account, in its entirety, as an adoption savings account to be used to pay or reimburse a designated beneficiary's eligible expenses for the adoption of a child. An individual may be the account holder of multiple accounts and an individual may jointly own the account with another individual if such individuals file a joint income tax return. An account holder shall comply with the requirements of this act to be eligible for the modifications set forth in K.S.A. 79-32,117 , and amendments thereto.
(1)An account holder shall designate, not later than April 15 of the year following the taxable year during which the account is established, a prospective adoptive parent as the designated beneficiary of the account. Nothing in this section shall prohibit an account holder from designating such account holder as the designated beneficiary of an account. An account holder may change the designated beneficiary at any time, but no account shall have more than one designated beneficiary at any time. An individual may be designated as the designated beneficiary of more than one account if such accounts are held by separate account holders. No account holder shall be authorized to designate the same designated beneficiary on multiple accounts held by such account owner, except when opening certificates of deposit.
(2)The naming of a designated beneficiary shall not create a survivorship interest in the account for such designated beneficiary. In the event of the death of an account holder, the balance of such account shall be paid to the payable on death beneficiary in accordance with K.S.A. 9-1215 , and amendments thereto, or, in the absence of a named payable on death beneficiary, in accordance with the provisions of the Kansas probate code.
(1)The following limits apply to an account established pursuant to this act:
(A)The maximum contribution to an account in any tax year shall be $6,000 for an individual and $12,000 for a married couple filing a joint return;
(B)the maximum amount of all contributions into an account in all tax years shall be $48,000 for an individual and $96,000 for a married couple filing a joint return; and
(C)the maximum total amount in an account shall be $100,000.
(2)If a limit in paragraph
(1)is exceeded, then thereafter all interest or other income earned on the investment of moneys in an account shall be subject to the tax imposed by the Kansas income tax act.
(3)Moneys may remain in an account for an unlimited duration without the interest or income being subject to recapture or penalty.
(d)The account holder shall not use moneys in an account to pay expenses of administering the account, except that a service fee may be deducted from the account by a financial institution. The account holder shall be responsible for maintaining documentation for the account and for eligible expenses related to the designated beneficiary's adoption of a child.