Memorandum

Identifying Information:When a motor vehicle domiciled and operated in Kansas must obtain Kansas registration.
Tax Type:Vehicles
Brief Description:When a motor vehicle domiciled and operated in Kansas must obtain Kansas registration.
Keywords:



Body:

M E M O R A N D U M


TO: Law Enforcement Personnel and County Treasurers

FROM: Department of Revenue, Legal Services


It has been requested that the Kansas Department of Revenue issue an opinion as to when a motor vehicle domiciled and operated in Kansas must obtain Kansas registration.

The relevant Kansas statutes are as follows:

Subsection (n) of K.S.A. 1986 Supp. 8-126 defines the term “owner” as:
Subsection (a) of K.S.A. 1986 Supp. 8-127 provides in pertinent part:
K.S.A. 8-138a states:
To determine if a motor vehicle must be registered in Kansas, the first step is to ascertain who the “owner” of the vehicle is. Under the above statute, the owner is either:

1. The legal “title holder”, unless any of the following apply: a. The “conditional purchaser”, if there is an agreement for a conditional sale with the right of b. The “lessee”, if the lease is 30 days or more, and the lessee has an immediate right to possess c. The “holder of a security interest” who is entitled to possession. (i.e. the lienholder who After the “owner” of the vehicle is ascertained, the second step is to determine the residency of such owner. If the “owner” (i.e. title holder, conditional purchaser, lessee or security interest holder) is a Kansas resident, then such person must register the vehicle within the time frame allowed for in the attached Reciprocity list, which differs depending upon which state the person formerly resided in. If the “owner” (i.e. title holder, conditional purchaser, lessee or security interest holder) is not a Kansas resident, then the “owner” does not have to obtain Kansas registration, even though such vehicle may be domiciled in Kansas.

The following scenarios will illustrate some of the more common situations which may be encountered:

1. A person is the legal title holder of a vehicle and lives in Kansas

2. A person is the legal title holder of a vehicle, lives in California, and “loans” the vehicle to - The vehicle does not have to be registered in Kansas. The “owner” is a California resident, 1. A person lives in Kansas, is the legal title holder of a vehicle and “loans” the vehicle to a - The vehicle must be registered in Kansas. The “owner” is a Kansas resident.

1. The legal title holder of a vehicle is a Missouri Company, which entrusts the vehicle to an - The vehicle does not have to be registered in Kansas. The “owner” (Missouri Company) 1. A person that lives in Kansas leases a vehicle from a Texas leasing company, that is the legal - The vehicle must be registered in Kansas. The “owner” (the lessee) is a Kansas resident.
1. A Missouri Company leases a vehicle from a Texas leasing company, which is the legal title - The vehicle does not have to registered in Kansas. The “owner” is the Missouri Company,
1. A person that lives in Kansas and a person that lives in Missouri are both listed as co-legal - The vehicle must be registered in Kansas. One of the “owners” is a Kansas resident.

1. A person who lives in Kansas and a person who lives in Missouri are both listed on the lease - The vehicle must be registered in Kansas. One of the “owners” (lessees) is a Kansas resident.

I hope the above scenarios will illustrate how some of the more common registration problems should be handled. However, if a situation arises which is not covered in the illustrations above, please feel free to contact me for any assistance I may be able to provide.


Sincerely,

Mark A. Burghart

By: Mark E. Wettig

Attorney
Legal Services Bureau


MAB:MEW:psp


Date Composed: 08/07/1998 Date Modified: 10/09/2001