Bill Text: HI SB3143 | 2022 | Regular Session | Introduced
Bill Title: Relating To Conformity To The Internal Revenue Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-04-21 - Act 007, 04/21/2022 (Gov. Msg. No. 1107). [SB3143 Detail]
Download: Hawaii-2022-SB3143-Introduced.html
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THE SENATE |
S.B. NO. |
3143 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONFORMITY TO THE INTERNAL REVENUE CODE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to conform Hawaii income and estate and generation-skipping transfer tax laws to the Internal Revenue Code.
SECTION 2. Section 235-2.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For all taxable years beginning after
December 31, [2020,] 2021, as used in this chapter, except as
provided in this section and [section] sections 235-2.35, 235-2.4,
and 235‑2.45, "Internal Revenue Code" means subtitle A,
chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December
31, [2020,] 2021, as it applies to the determination of gross
income, adjusted gross income, ordinary income and loss, and taxable income,
except those provisions of the Internal Revenue Code which, pursuant to this
chapter, do not apply or are otherwise limited in application.
Sections
9672(1) (relating to tax treatment of targeted EIDL advances) and 9673(1)
(relating to tax treatment of restaurant revitalization grants) of Public Law
117-2 shall be operative for purposes of this chapter. No amount received under section 9601
(relating to 2021 recovery rebates to individuals) of Public Law 117-2 shall be
included in gross income for purposes of this chapter.
Sections 276(b)(1) (relating to subsequent paycheck protection program loans), 277 (relating to emergency financial aid grants), 278(b)(1) (relating to emergency EIDL grants and targeted EIDL advances), 278(c)(1) (relating to subsidy for certain loan payments), and 278(d)(1) (relating to grants for shuttered venue operators) of Division N of Public Law 116-260 shall be operative for purposes of this chapter. Sections 213 (relating to modification of limitations on charitable contributions) and 214 (relating to temporary special rules for health and dependent care flexible spending arrangements) of Division EE of Public Law 116-260 shall be operative for purposes of this chapter. Sections 301, 302, and 304 (relating to disaster tax relief) of Division EE of Public Law 116-260 shall be operative for purposes of this chapter. No amount received under section 272 (relating to additional 2020 recovery rebates for individuals) of Division N of Public Law 116-260 shall be included in gross income for purposes of this chapter.
Sections 1106(i) (relating to exclusion of loan forgiveness from gross income), 2202(b) (relating to loans from retirement plans), and 2205 (relating to charitable contributions) of Public Law 116-136 shall be operative for purposes of this chapter. No amount received under section 2201 (relating to recovery rebates) of Public Law 116-136 shall be included in gross income for purposes of this chapter.
Section 2202(a) (relating to tax-favored withdrawals from retirement plans) of Public Law 116-136 shall be operative for purposes of this chapter and shall apply to taxable years beginning after December 31, 2019.
Prior law shall continue to be used to determine:
(1) The basis of property, if a taxpayer first determined the basis of property in a taxable year to which prior law applies; and
(2) Gross income, adjusted gross income, ordinary
income and loss, and taxable income for a taxable year to which prior law
applies."
SECTION 3. Section 236E-3, Hawaii Revised Statutes, is amended to read as follows:
"§236E-3
Conformance to the Internal Revenue Code; general application. For all decedents dying, or transfers
occurring, after December 31, [2020,] 2021, as used in this
chapter, "Internal Revenue Code" means subtitle B of the federal
Internal Revenue Code of 1986, as amended as of December 31, [2020,] 2021,
as it applies to the determination of gross estate, adjusted gross estate,
federal taxable estate, and generation-skipping transfers, except those
provisions of the Internal Revenue Code and federal public laws that, pursuant
to this chapter, do not apply or are otherwise limited in application."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that:
(1) Section 2 shall apply to taxable years beginning after December 31, 2021; provided that section 2202(a) (relating to tax-favored withdrawals from retirement plans) of Public Law 116-136 shall apply to taxable years beginning after December 31, 2019; and
(2) Section 3 shall apply to decedents dying or taxable transfers occurring after December 31, 2021.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Conformity to the Internal Revenue Code for 2021; Income Tax; Estate and Generation-skipping Transfer Tax
Description:
Conforms Hawaii income and estate and generation-skipping transfer tax laws to the Internal Revenue Code of 1986, as amended as of December 31, 2021.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
