SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): JANUARY 20, 2004 KANSAS CITY SOUTHERN (Exact name of company as specified in its charter) DELAWARE 1-4717 44-0663509 ---------------------- --------------------- ---------------------- (State or other jurisdiction (Commission file number) (IRS Employer of incorporation) Identification Number) 427 WEST 12TH STREET, KANSAS CITY, MISSOURI 64105 ------------------------------------------------- (Address of principal executive offices) (Zip Code) COMPANY'S TELEPHONE NUMBER, INCLUDING AREA CODE: (816) 983 - 1303 NOT APPLICABLE (Former name or former address if changed since last report) ITEM 5. OTHER EVENTS On January 20, 2004, Kansas City Southern ("KCS" or "Company") announced that TFM S.A. de C.V. ("TFM") received, on January 19, 2004, a Special Certificate from the Mexican Federal Treasury in the amount of 2,111,111,790 pesos. The Special Certificate has the same face amount as the value added tax refund claimed by TFM. See the Press Release attached hereto as Exhibit 99.1 for further information. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits EXHIBIT NO. DOCUMENT (99) Additional Exhibits 99.1 Press Release issued by Kansas City Southern dated January 20, 2004 entitled, "KCS Announces TFM Receives Special Certificate," is attached hereto as Exhibit 99.1 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized. Kansas City Southern Date: January 20, 2004 By: /S/ RONALD G. RUSS ---------------------------------- Ronald G. Russ Executive Vice President and Chief Financial Officer EXHIBIT 99.1 KANSAS CITY SOUTHERN PRESS RELEASE Cathedral Square - 427 West 12TH Street - P.O. Box 219335 Kansas City, Missouri 64121-9335 NYSE SYMBOL: KSU DATE: JANUARY 20, 2004 CONTACT: William H. Galligan Phone: 816/983-1551 William.h.galligan@kcsr.com KCS ANNOUNCES TFM RECEIVES SPECIAL CERTIFICATE Kansas City Southern (KCS) (NYSE:KSU) announced today that TFM, S.A. de C.V. (TFM) received, on January 19, 2004, a Special Certificate from the Mexican Federal Treasury in the amount of 2,111,111,790 pesos. The Special Certificate has the same face amount as the value added tax refund claimed by TFM. TFM initiated legal proceedings to recover the Special Certificate in 1997. TFM received a ruling from the Mexican Federal Court of the First Circuit on November 5, 2003 sustaining the Fiscal Court's ruling in favor of TFM. KCS has an indirect 37.3% economic interest in TFM. KCS is currently reviewing the significance of the delivery of the Special Certificate to TFM with its legal advisors and with TFM officers, and KCS will provide additional information as appropriate. KCS is a transportation holding company that has railroad investments in the United States, Mexico and Panama. Its primary holding is The Kansas City Southern Railway Company (KCSR). Headquartered in Kansas City, Missouri, KCSR serves customers in the central and south central regions of the U.S. KCS' rail holdings and investments are primary components of a NAFTA Railway system that links the commercial and industrial centers of the United States, Canada and Mexico. # # #