Bill Text: HI SB2925 | 2016 | Regular Session | Amended


Bill Title: Taxes; Income Tax Refunds

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-04-28 - Conference Committee Meeting will reconvene on Friday 04-29-16 1:30PM in conference room 312. [SB2925 Detail]

Download: Hawaii-2016-SB2925-Amended.html

THE SENATE

S.B. NO.

2925

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TAX ADJUSTMENTS.

 

 

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

 


     SECTION 1.  Section 235-101, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It shall be the duty of every person who is required by section 235-92 to make a return, to report to the department, as to any taxable year governed by this chapter, if (1) the amount of taxable income as returned to the United States is changed, corrected, or adjusted by an officer of the United States or other competent authority, or (2) a change in taxable income results from a renegotiation of a contract with the United States or a subcontract thereunder, or (3) a recomputation of the income tax imposed by the United States under the Internal Revenue Code results from any cause, or (4) [an] a timely amended income tax return is [made to] filed with and accepted by the United States.  The report shall be made within ninety days after the change, correction, adjustment, or recomputation is finally determined or the amended return is filed, as the case may be.  The report required by this subsection shall be made in the form of an amendment of the person's return filed under this chapter.  The amended return shall be accompanied by a copy of the document issued by the United States under (1) to (3).  The statutory period for the assessment of any deficiency or the determination of any refund attributable to [this report] the change in federal income, attributes from which tax is computed, such as basis, or tax shall not expire before the expiration of one year from the date the department is notified by the taxpayer or the Internal Revenue Service, whichever is earlier, of such a report in writing.  Before the expiration of this one-year period, the department and the taxpayer may agree in writing to the extension of this period.  The period so agreed upon may be further extended by subsequent agreements in writing made before the expiration of the period previously agreed upon."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2030, and shall apply to taxable years beginning after December 31, 2015.



Report Title:

Taxes; Income Tax Refunds

 

Description:

Amends section 235-101, HRS, to specify that the untimely filing of an amended federal income tax return does not reopen the Hawaii statute of limitations for claiming a tax refund.  (SB2925 HD1)

 

 

 

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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