Bill Text: HI SB2029 | 2018 | Regular Session | Amended


Bill Title: Relating To Child Care.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2018-02-02 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2029 Detail]

Download: Hawaii-2018-SB2029-Amended.html

THE SENATE

S.B. NO.

2029

TWENTY-NINTH LEGISLATURE, 2018

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILD CARE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to provide tax relief to defray child care costs for working families in the State and thereby make it easier for parents to work.

     SECTION 2.  Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§235-    Child tax credit.  (a)  For each resident taxpayer who files an individual income tax return for a taxable year, who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Hawaii state individual income tax purposes, and who maintains a household that includes as a member one or more qualifying relatives, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year $1,000 per qualifying relative.

     (b)  For the purposes of this section, "qualifying relative" means an individual who:

     (1)  Is the taxpayer's child, stepchild, foster child, sibling, or step-sibling, or a descendant of any of these, including any child lawfully placed with the taxpayer for adoption;

     (2)  Was under age seventeen at the end of the taxable year for which the credit is claimed;

     (3)  Did not provide more than half of the individual's own support;

     (4)  Is claimed as a dependent on the taxpayer's state income tax return; and

     (5)  Is a resident of the State of Hawaii and resided with the taxpayer for more than half of the taxable year for which the credit is claimed.

     (c)  A tax credit described in subsection (a) may only be claimed by an individual filing an individual return with a Hawaii adjusted gross income of less than $75,000, or by a married couple filing a joint return with a Hawaii adjusted gross income of less than $125,000.

     (d)  The tax credits shall be deductible from the taxpayer's individual net income tax for the tax year in which the credits are properly claimed; provided that a married couple filing separate returns for a taxable year for which a joint return could have been made by them shall claim only the tax credits to which they would have been entitled had a joint return been filed.  In the event the allowed tax credits under subsection (a) exceed the amount of the income tax payments due from the taxpayer, the excess of credits over payments due shall be refunded to the taxpayer; provided that allowed tax credits properly claimed by an individual who has no income tax liability shall be paid to the individual; provided further that no refunds or payments on account of the tax credits allowed by this section shall be made for amounts less than $1.

     (e)  The director of taxation shall prepare and prescribe the appropriate form or forms to be used to claim credits pursuant to this section, may require proof of the claim for tax credits, and may adopt rules pursuant to chapter 91.

     (f)  All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credits in this section.

     (g)  Claims for tax credits under this section, including any amended claims thereof, shall be filed on or before the end of the twelfth month following the taxable year for which the credit may be claimed."

     SECTION 3.  Section 235-55.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Allowance of credit.

     (1)  In general.  For each resident taxpayer, who files an individual income tax return for a taxable year, and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Hawaii state individual income tax purposes, who maintains a household which includes as a member one or more qualifying individuals (as defined in subsection (b)(1)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by the individual during the taxable year.  If the tax credit claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer; provided that tax credit properly claimed by a resident individual who has no income tax liability shall be paid to the resident individual; and provided further that no refunds or payment on account of the tax credit allowed by this section shall be made for amounts less than $1.

     (2)  Applicable percentage.  For purposes of paragraph (1), the taxpayer's applicable percentage shall be determined as follows:

          Adjusted gross income         Applicable percentage

            Not over [$25,000] $22,000         [25%] 30%

            Over $22,000 but                   25%

              not over $25,000

            Over $25,000 but                   24%

              not over $30,000

            Over $30,000 but                   23%

              not over $35,000

            Over $35,000 but                   22%

              not over $40,000

            Over $40,000 [but                  [21%]

              not over $45,000

            Over $45,000] but                   20%

              not over $50,000

            Over $50,000                       15%."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall apply to taxable years beginning after December 31, 2018.

 



Report Title:

Income Tax Credit; Child Care; Working Families; Child Tax Credit

 

Description:

Establishes a new child tax credit of $1,000 and changes percentages of costs for household and dependent care services that may be claimed as tax credits by families in certain income brackets.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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