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HI HB1180
Bill
Status
3/8/2011
Primary Sponsor
Isaac Choy
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AI Summary
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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.
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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.
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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.
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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.
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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