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HI SB22
Bill
Status
1/17/2013
Primary Sponsor
Mike Gabbard
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AI Summary
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Clarifies that the sale, transfer, or exchange of stock in a legal entity that owns or controls Hawaii realty shall be deemed a conveyance of realty subject to state conveyance tax when executed with an unrelated entity or individual.
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Conveyance tax on stock transfers is calculated based on the lesser of the most recent county real property tax assessed value or a current qualified appraisal by a licensed real estate appraiser.
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Exempts transfers where there is no change in beneficial ownership, including transfers to entities wholly owned by the same common ownership as the transferor.
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Exempts transfers from a limited partner to a general partner of a limited partnership that owns an affordable rental housing project funded with low-income housing tax credits under federal or state law.
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Defines "controlling interest" as 50% or more of voting power or capital/beneficial interest in a corporation, partnership, association, trust, or other entity; defines "unrelated entity or individual" as one lacking controlling interest prior to transfer or within a twelve-month period.
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Effective July 1, 2013.
Legislative Description
Conveyance Tax; Sale of Stock; Realty
Last Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.
2/11/2013