Check with your state law - in my state Kindergarten is Not required. You are not obligated in any way to send your child to Kindergarten and so no truancy issue presents when you don't.
But check with your state law. It will be harder for him though to make the jump into kindergarten when you do send him - any class he joins will have covered material that he's not had. You might want to be sure to work with him on some basic Kindergarten skills so that when he starts, he doesn't feel behind.