Bill Text: HI HB607 | 2023 | Regular Session | Amended
Bill Title: Relating To Taxation.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed - Dead) 2023-04-28 - Conference Committee Meeting will reconvene on Friday, 04-28-23 at 04:30pm in Conference Room 309. [HB607 Detail]
Download: Hawaii-2023-HB607-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
607 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO TAXATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the cost of interisland transportation is a bottleneck for market access by food producers in Hawaii. This issue is also recognized by the United States Department of Agriculture, which administers a reimbursement transportation cost payment program for geographically disadvantaged farmers and ranchers to reimburse producers for a portion of the cost to transport agricultural commodities or inputs used to produce an agricultural commodity. The reimbursement transportation cost payment program helps eligible farmers and ranchers outside the contiguous United States, including farmers and ranchers in Hawaii and the Pacific, offset a portion of the cost of transporting agricultural products or inputs used to produce an agricultural commodity over long distances. Payments from the program are calculated based on the costs incurred for transportation of the agricultural commodity or inputs during a fiscal year, subject to an $8,000 per producer cap per fiscal year.
The legislature further finds that providing an income tax credit like the reimbursement transportation cost payment program that similarly reimburses producers for a portion of the cost to transport agricultural goods between the counties will reduce cost impacts to farm viability and consumer food price and support progress towards the State's Aloha+ Challenge commitment to increase local food consumption and production.
Accordingly, the purpose of this Act is to establish an interisland produce shipping tax credit to alleviate the costs of interisland shipping for farmers and ranchers in the State.
SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§235- Interisland
produce shipping tax credit. (a)
Each qualified taxpayer that files an individual or corporate net income
tax return for a taxable year may claim a tax credit under this section against
the Hawaii state individual or corporate net income tax imposed by this chapter
for the taxable year in which the credit is properly claimed.
In the case of a partnership, S corporation,
estate, or trust, the tax credit allowable is for transportation costs incurred
by the entity for the taxable year. The
costs upon which the tax credit is computed shall be determined at the entity
level. Distribution and share of credit
shall be determined by rule.
(b)
The amount of the credit shall be equal to
per cent of the qualified
transportation costs of the qualified taxpayer, up to a maximum of
$ .
(c)
The department of agriculture shall:
(1) Maintain records of the total amount of qualified transportation costs for each taxpayer claiming a credit;
(2) Verify the amount of the qualified transportation costs claimed;
(3) Total all qualified transportation costs claimed; and
(4) Certify the total amount of the tax credit for each taxable year.
Upon each determination, the department
of agriculture shall issue a certificate to the taxpayer verifying the
qualified transportation costs and the credit amount certified for each taxable
year. For a taxable year, the department
of agriculture may certify a credit for a taxpayer who could have claimed the
credit in a previous taxable year, but chose not to because the maximum annual
credit amount under subsection (d) was reached in that taxable year.
The taxpayer shall file the certificate
with the taxpayer's tax return with the department of taxation. Notwithstanding the department of
agriculture's certification authority under this section, the director of taxation
may audit and adjust certification to conform to the facts.
(d)
The total amount of tax credits allowed under this section shall not
exceed $ for all taxpayers in
any taxable year; provided that, of the $ :
(1) $ may be certified for qualified taxpayers who are farmers or ranchers;
(2) $ may be certified for qualified taxpayers who operate food hubs; and
(3) $ may be certified for qualified taxpayers who are broad line distributors.
If in any
taxable year the annual amount of certified credits reaches the amount
specified in paragraph (1), (2), or (3), the department of agriculture shall
immediately discontinue certifying credits for the taxpayers described in that
paragraph and notify the department of taxation. In no instance shall the department of
agriculture certify a total amount of credits exceeding $ per taxable year. To comply with this restriction, the
department of agriculture shall certify credits on a first come, first served
basis.
(e) If the tax credit under this section exceeds
the taxpayer's net income tax liability, the excess of the credit over
liability may be used as a credit against the taxpayer's net income tax
liability in subsequent years until either the credit is exhausted, or for a
period of five years, whichever is earlier.
All claims for the tax credit
under this section, including amended claims, shall be filed on or before the
end of the twelfth month following the close of the taxable year for which the
credit may be claimed. Failure to comply
with the foregoing provision shall constitute a waiver of the right to claim
the credit.
(f) The director of taxation:
(1) Shall prepare
any forms that may be necessary to claim a tax credit under this section;
(2) May require the
taxpayer to furnish reasonable information to ascertain the validity of the
claim for the tax credit made under this section; and
(3) May adopt rules
under chapter 91 necessary to effectuate the purposes of this section.
(g) As used in this section:
"Food hub" means a business or
organization that actively manages the aggregation, distribution, and marketing
of source-identified food products, primarily from local producers, to
strengthen the business or organization's ability to satisfy wholesale, retail,
and institutional demand.
"Qualified taxpayer"
means any farmer or rancher who is an individual, group of individuals,
partnership, corporation, estate, trust, association, cooperative, broad line
distributor, food hub, or other business enterprise or other legal entity who:
(1) Is located in the State;
(2) Shares in the risk of producing an agricultural commodity in substantial commercial quantities; and
(3) Is entitled to a share of the agricultural
commodity from the agricultural operation.
"Qualified transportation
costs" means costs incurred, including air freight, ocean freight, and
land freight, in transporting the following between counties:
(1) Produce and agricultural goods; and
(2) Inputs used to produce an agricultural
commodity, including but not limited to chemicals, feed, fertilizer, fuel,
seeds, plants, supplies, equipment parts, and other inputs."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on June 30, 3000, and shall apply to taxable years beginning after December 31, 2023.
Report Title:
Producers; Agricultural Goods; Interisland Shipping; Income Tax Credit
Description:
Creates an income tax credit for transportation costs incurred by certain taxpayers who ship produce and agricultural goods between counties. Effective 6/30/3000. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
