The Kansas LD 400 form is a Liquor Drink Tax Surety Bond required for establishments selling alcoholic beverages in Kansas. This document ensures compliance with state tax laws and protects the state’s interests by holding the principal accountable for tax obligations. To begin the process of filling out this essential form, click the button below.
The Kansas LD 400 form serves as a crucial document for establishments selling alcoholic beverages, ensuring compliance with the state's Liquor Drink Tax Act. Designed specifically for various on-premise licensees, including drinking establishments, class A and B clubs, caterers, public venues, and hotels, this form establishes a surety bond between the principal and a surety company. The bond guarantees that the principal will adhere to all regulations concerning liquor drink tax payments, thus protecting the state’s interests. When filling out the LD 400, it is essential to provide accurate information, such as the legal name of the entity applying for the liquor license and the exact address of the establishment, as discrepancies can lead to complications. The form must also include a bond number, an effective date, and signatures from both the principal and the surety company, along with a power of attorney for the attorney-in-fact. Proper completion of this form is vital; otherwise, the bond may be deemed invalid, which could result in significant delays or issues with licensing. Understanding the nuances of the LD 400 form not only aids in compliance but also facilitates smoother operations for businesses in the alcohol service industry.
KANSAS DEPARTMENT OF REVENUE
CUSTOMER RELATIONS – MISCELLANEOUS SEGMENT
915 SW HARRISON ST.
TOPEKA, KANSAS 66612-1588
www.ksrevenue.org
Phone: (785) 368-8222
Fax: (785) 291-3968
Bond No.: _________________
Liquor Drink
Reg. No.
LIQUOR DRINK TAX SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That we
,
(Underline one entity type– Individual Proprietorship, Partnership, LLC or Corporation)
with main office location at
(Street Address)
(City)
(State)
(Zip)
as Principal, and the
, a corporation authorized to transact business in Kansas, as
(Surety)
surety, are held and firmly bound unto the STATE OF KANSAS in the sum of
dollars
($
), lawful money of the United States, to the payment of which, well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, assigns, and successors firmly by these presents.
WHEREAS, the above-named principal has made application to the Director of Taxation for a Liquor Drink Tax Certificate of Registration to
operate a licensed establishment selling alcoholic liquor at
(Street)
, Kansas, and is subject to the Kansas Liquor Drink Tax Act:
NOW, THEREFORE, the condition of this obligation is such that if the above-named principal shall well and faithfully comply with all of the provisions of the Kansas Liquor Drink Tax Laws, Rules and Regulations relating to the payments of liquor drink tax and penalty due under the laws of this State of Kansas, then this obligation shall be void and of no effect; otherwise it shall be and remain in full force and effect. Such principal hereby authorizes employees of the Kansas Department of Revenue to disclose to the surety herein a statement of account relating to the tax guaranteed by this bond.
This obligation shall be a continuing obligation and shall remain in full force and effect until canceled by the principal and surety after having given thirty (30) days written notice to the obligee at the address above.
This bond is effective on and after the _______________ day of ______________________________________, ____________.
(Year)
Witness our hands at ______________________________, Kansas, this _________________ day of ____________________________, ___________
___________________________________________________________
(Principal)
By ________________________________________________________
(Indicate Position: r President, r Vice-President, r Partner, r Owner)
(Print Name of Signature Above)
SEAL
(Surety Address)
(Surety Company Phone Number)
(Surety Signature)
LD-400
Its ________________________________________________________
(Rev. 6/13)
(Bond shall be accompanied by power of attorney for attorney-in-fact. A
Kansas licensed agent of the surety must countersign.)
LD-400 Liquor Drink Tax Surety Bond
(For Drinking Establishments, Class A Clubs, Class B Clubs, Caterers, Public Venues, Hotels, or other On-Premise Licensees)
PLEASE READ BEFORE COMPLETING THIS BOND FORM!
Bond Instructions:
You must complete the most current version of Form LD-400, Liquor Drink Surety Bond. The most current form can be found on our web site: www.ksrevenue.org
All fields on this form must be completed, except for the Liquor Drink Reg. No. field.
This bond must contain a bond number.
Line 1 of the bond must contain the legal name of the entity applying for or holding a Kansas liquor license and must match exactly the entity name listed on the liquor tax application.
The location address on this bond must match exactly the location address on the liquor application. This cannot be a PO Box.
The effective date is the date liquor drink tax coverage under this surety bond begins.
Signature lines:
O“Principal” is the entity being covered under this surety bond.
OAn owner or officer must sign this bond and mark the box indicating their position.
OThe owner/officer must print their name below the signature line.
O“Surety” is the name of the surety company providing the bond coverage.
OA complete mailing address of the surety company must be provided, along with a telephone number.
OA signature of an authorized attorney-in-fact is required. The bond must be accompanied by a power of attorney for the attorney-in-fact. A Kansas licensed agent of the surety must countersign.
OThe bond and power-of-attorney form must contain a seal.
Failure to complete the LD-400 properly will result in an invalid bond. The bond will be voided and kept in the customers file.
Original bonds cannot be returned.
Questions regarding this form should be directed to the Division of Taxation, Miscellaneous Tax Segment, at (785) 368-8222, option 5, then option 4.
Submit this form to:
Miscellaneous Tax
Kansas Department of Revenue
915 SW Harrison St.
Topeka, KS 66612-1588
Filling out the Kansas LD 400 form is a crucial step for those looking to operate a licensed establishment that sells alcoholic beverages. Completing this form accurately ensures compliance with state regulations and helps avoid potential issues down the line. Follow these steps carefully to ensure all required information is filled out correctly.
The Kansas LD 400 form is a Liquor Drink Tax Surety Bond. It is required for establishments that sell alcoholic beverages in Kansas. This bond ensures that the business will comply with the state's liquor tax laws and regulations.
Any entity applying for or holding a Kansas liquor license needs to complete the LD 400 form. This includes individual proprietorships, partnerships, LLCs, corporations, and various establishments like bars, restaurants, and clubs.
To fill out the form correctly, follow these steps:
If the LD 400 form is not completed correctly, the bond will be considered invalid. It will be voided and kept in the customer’s file. It’s important to double-check all entries to avoid this issue.
The bond remains in effect until it is canceled. To cancel, both the principal and surety must provide a written notice to the Kansas Department of Revenue at least 30 days in advance.
Submit the completed form to the following address:
If you have questions, you can contact the Division of Taxation, Miscellaneous Tax Segment, at (785) 368-8222. Follow the prompts for assistance regarding the LD 400 form.
Not using the most current version of the form: Always ensure you have the latest LD-400 form from the Kansas Department of Revenue's website.
Leaving fields blank: All fields must be completed except for the Liquor Drink Reg. No. field. Incomplete forms may be rejected.
Incorrect entity name: The legal name of the entity must match exactly with what is on the liquor tax application. Any discrepancies can lead to issues.
Mismatch in address: The address listed on the bond must match the address on the liquor application. Remember, a PO Box is not acceptable.
Missing effective date: The effective date is crucial as it marks when the liquor drink tax coverage begins. Ensure this is filled out correctly.
Signature errors: The bond must be signed by an owner or officer. They must also indicate their position and print their name below their signature.
Incomplete surety information: Provide the complete mailing address and phone number of the surety company. Missing information can delay processing.
Lack of required signatures: An authorized attorney-in-fact must sign the bond. Ensure that the bond is also accompanied by a power of attorney.
Failure to include a seal: Both the bond and the power-of-attorney form must contain a seal. Without this, the bond may be deemed invalid.
The Kansas LD 400 form is essential for establishments selling alcoholic beverages. It serves as a surety bond to ensure compliance with the Kansas Liquor Drink Tax Act. Along with this form, several other documents are often required or useful in the process of obtaining a liquor license and maintaining compliance. Here are some of the key documents:
These documents collectively support the process of obtaining a liquor license and ensure that the establishment operates within the legal framework. Proper preparation and submission of these forms can significantly streamline the licensing process and help avoid potential legal issues.
The Kansas LD 400 form is similar to a Surety Bond, which is a three-party agreement where one party (the principal) obtains a bond from a second party (the surety) to guarantee the performance of an obligation to a third party (the obligee). Like the LD 400, a Surety Bond is often used in various industries to ensure compliance with laws and regulations. Both documents require the principal to maintain good standing and fulfill specific obligations, or else the surety is liable for the bond amount. This creates a safety net for the obligee, ensuring that they are protected financially if the principal fails to meet their commitments.
Another document similar to the Kansas LD 400 is the Performance Bond. This bond is commonly used in construction projects to guarantee that a contractor will complete the work as specified in the contract. Just like the LD 400, the Performance Bond provides a financial guarantee to the project owner that they will be compensated if the contractor defaults. Both documents involve a surety company that assesses the risk and agrees to back the principal, ensuring compliance with legal and contractual obligations.
The Liquor License Application is also comparable to the LD 400. When a business seeks to sell alcoholic beverages, it must submit this application to the state. Similar to the LD 400, this application requires detailed information about the business entity, its location, and the individuals involved. Both documents aim to ensure that the business complies with state regulations regarding the sale of alcohol, thereby promoting responsible business practices in the community.
The Tax Registration Certificate shares similarities with the Kansas LD 400 form as well. This certificate is required for businesses to operate legally and collect taxes in their state. Like the LD 400, it ensures that the business is recognized by the state and is responsible for fulfilling its tax obligations. Both documents serve as a means of accountability and compliance with state laws, protecting the interests of the government and the public.
The Indemnity Agreement is another document that resembles the LD 400. This agreement involves one party agreeing to compensate another for any losses or damages incurred. Similar to the LD 400, an Indemnity Agreement often requires a surety to back the principal's obligations. Both documents are designed to protect against financial losses and ensure that obligations are met, reinforcing accountability in business transactions.
The Business License is akin to the Kansas LD 400 in that it is a legal authorization for a business to operate within a certain jurisdiction. Both documents require businesses to adhere to specific regulations and standards set by the state. Just as the LD 400 ensures compliance with liquor laws, a Business License ensures that the business is operating legally and ethically within its industry.
The Franchise Agreement can also be compared to the LD 400. This agreement outlines the relationship between a franchisor and a franchisee, detailing the obligations and rights of each party. Like the LD 400, it often includes provisions to ensure compliance with laws and regulations, protecting both parties involved. Both documents serve to establish a clear framework for operations and accountability within the business relationship.
Lastly, the Commercial Lease Agreement has similarities to the Kansas LD 400. This document outlines the terms under which a tenant can occupy a commercial space. Just as the LD 400 ensures compliance with liquor laws, a Commercial Lease Agreement ensures that the tenant adheres to the terms of occupancy and use of the property. Both documents are crucial for establishing legal responsibilities and protecting the interests of the parties involved.
When filling out the Kansas LD 400 form, it's essential to follow certain guidelines to ensure your submission is valid. Here’s a list of things you should and shouldn't do:
Following these guidelines will help ensure that your bond is valid and processed without issues. If you have questions, reach out to the Division of Taxation for assistance.
The following are common misconceptions about the Kansas LD 400 form, along with clarifications for each:
This is incorrect. The form must include a bond number to be valid. Without it, the bond will be considered incomplete.
The address provided must match exactly with the address on the liquor application. A P.O. Box is not acceptable.
In addition to the principal's signature, the surety company must also provide a signature from an authorized attorney-in-fact.
The most current version of the form must be used. Outdated forms will not be accepted.
Original bonds cannot be returned once submitted. It is essential to ensure all information is accurate before submission.
Failure to complete the LD 400 properly will result in an invalid bond. Such bonds will be voided and kept on file, which could delay the licensing process.
Filling out the Kansas LD 400 form is an essential step for establishments looking to operate legally while selling alcoholic beverages. Below are key takeaways to keep in mind when completing and using this form:
By adhering to these guidelines, you can ensure that your application process goes smoothly and that you remain compliant with Kansas liquor laws.