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HI HB1362

Bill

Status

Engrossed

3/7/2023

Primary Sponsor

Kyle Yamashita

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Origin

House of Representatives

2023 Regular Session

AI Summary

  • Establishes a state tax law permitting partnerships and S corporations to elect to pay Hawaii income tax at the entity level for each taxable year, with elections being irrevocable once made.

  • Imposes tax on electing pass-through entities equal to the sum of all members' distributive shares and guaranteed payments of Hawaii taxable income multiplied by the highest individual tax rate under section 235-51, excluding corporate members' income from taxation.

  • Allows members of electing pass-through entities to claim a tax credit for their pro rata share of taxes paid by the entity, with excess credits being non-refundable.

  • Permits nonresident individuals whose only Hawaii income source is from electing pass-through entities to avoid filing individual income tax returns if the entity pays the required taxes.

  • Allows resident and part-year resident members to claim credits for similar taxes paid to other states or the District of Columbia on partnership or S corporation income.

Legislative Description

Relating To Pass-through Entity Taxation.

Taxation

Last Action

Referred to WAM.

3/10/2023

Committee Referrals

Ways and Means3/10/2023
Finance2/8/2023
Economic Development1/30/2023

Full Bill Text

No bill text available