Bill Text: HI SB794 | 2017 | Regular Session | Amended
Bill Title: Relating To The General Excise Tax Collection Date.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2017-02-22 - The committee on WAM deferred the measure. [SB794 Detail]
Download: Hawaii-2017-SB794-Amended.html
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THE SENATE |
S.B. NO. |
794 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE GENERAL EXCISE TAX COLLECTION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 237-30, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The taxes levied hereunder shall be
payable in monthly installments on or before the [twentieth] last
day of the calendar month following the month in which they accrue. The
taxpayer, on or before the [twentieth] last day of the calendar
month following the month in which the taxes accrue, shall make out and sign a
return of the installment of tax for which the taxpayer is liable for the
preceding month and transmit the same, together with a remittance, in the form
required by section 237-31, for the amount of the tax, to the office of the
department of taxation in the appropriate district hereinafter designated.
(b) Notwithstanding subsection (a), the director of taxation, for good cause, may permit a taxpayer to file the taxpayer's return required under this section and make payments thereon:
(1) On a quarterly basis during the calendar or
fiscal year, the return and payment to be made on or before the [twentieth]
last day of the calendar month after the close of each quarter, to wit:
for calendar year taxpayers, on or before April [20,] 30, July [20,]
31, October [20,] 31, and January [20] 31
or, for fiscal year taxpayers, on or before the [twentieth] last
day of the fourth month, seventh month, and tenth month following the beginning
of the fiscal year and on or before the [twentieth] last day of
the month following the close of the fiscal year; provided that the director is
satisfied that the grant of the permit will not unduly jeopardize the
collection of the taxes due thereon and the taxpayer's total tax liability for
the calendar or fiscal year under this chapter will not exceed $4,000; or
(2) On a semiannual basis during the calendar or
fiscal year, the return and payment to be made on or before the [twentieth]
last day of the calendar month after the close of each six-month period,
to wit: for calendar year taxpayers, on July [20] 31 and January
[20] 31 or, for fiscal year taxpayers, on or before the [twentieth]
last day of the seventh month following the beginning of the fiscal year
and on or before the last day of the month following the close of the fiscal
year; provided that the director is satisfied that the grant of the permit will
not unduly jeopardize the collection of the taxes due thereon and the
taxpayer's total tax liability for the calendar or fiscal year under this
chapter will not exceed $2,000.
The director, for good cause, may permit a taxpayer to make monthly payments based on the taxpayer's estimated quarterly or semiannual liability, provided the taxpayer files a reconciliation return at the end of each quarter or at the end of each six-month period during the calendar or fiscal year, as provided in this section."
SECTION 2. Section 237-33, Hawaii Revised Statutes, is amended to read as follows:
"§237-33 Annual return, payment of
tax. On or before the [twentieth] last day of the fourth
month following the close of the taxable year, each taxpayer shall make a
return showing the value of products, gross proceeds of sales or gross income,
and compute the amount of tax chargeable against the taxpayer in accordance
with this chapter and deduct the amount of monthly payments (as hereinbefore
provided), and transmit with the taxpayer's report a remittance in the form
required by section 237-31 covering the residue of the tax chargeable against
the taxpayer to the district office of the department of taxation hereinafter
designated. The return shall be signed by the taxpayer, if made by an
individual, or by the president, vice-president, secretary, or treasurer of a
corporation, if made on behalf of a corporation. If made on behalf of a
partnership, firm, society, unincorporated association, group, hui, joint
adventure, joint stock company, corporation, trust estate, decedent's estate,
trust, or other entity, any individual delegated by the entity shall sign the
same on behalf of the taxpayer. If for any reason it is not practicable for
the individual taxpayer to sign the return, it may be done by any duly
authorized agent. The department, for good cause shown, may extend the time
for making the return on the application of any taxpayer and grant such
reasonable additional time within which to make the same as may, by it, be
deemed advisable.
Section 232-2 applies to the annual return, but not to a monthly return."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act, upon its approval, shall apply to taxable periods beginning after December 31, 2017.
Report Title:
General Excise Tax; Monthly, Quarterly, Semiannual, or Annual Returns; Payments
Description:
Amends the date of filing of monthly, quarterly, semiannual, and annual general excise tax returns from the 20th day of the respective applicable month to the last day of the month. Applies to tax periods beginning after 12/31/17. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
