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HI HB1180

Bill

Status

Engrossed

3/8/2011

Primary Sponsor

Isaac Choy

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Imposes conveyance tax on transfers of a controlling interest (50% or more ownership) in any entity that holds real property located in Hawaii, when such transfer results in a change of control or ownership of the real property.

  • Excludes from taxation transfers between entities with common ownership where there is no change in beneficial ownership, including transfers to wholly-owned subsidiaries of the same parent entity.

  • Applies conveyance tax at the lowest rate regardless of property value for specific transfers including: mergers/consolidations, transfers from dissolving partnerships to 90% corporate general partners, low-income housing certifications, and transfers to/from wholly-owned corporations or LLCs.

  • Defines "persons acting in concert" to include related parties who negotiate and consummate transfers as a single entity, with all acquisitions aggregated within a 12-month period to determine if a controlling interest was transferred.

  • Takes effect July 1, 2011.

Legislative Description

Conveyance Tax; Controlling Interest Transfer

Last Action

(S) The committee(s) on WAM recommend(s) that the measure be HELD. The votes in WAM were as follows: 11 Aye(s): Senator(s) Ige, Kidani, Chun Oakland, English, Espero, Kahele, Kim, Kouchi, Tokuda, Wakai, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 3 Excused: Senator(s) Dela Cruz, Fukunaga, Ryan.

3/23/2011

Committee Referrals

Finance2/18/2011
Water, Land, & Ocean Resources1/26/2011

Full Bill Text

No bill text available