Bill Text: HI SB851 | 2018 | Regular Session | Introduced
Bill Title: Relating To Tax Administration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB851 Detail]
Download: Hawaii-2018-SB851-Introduced.html
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THE SENATE |
S.B. NO. |
851 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TAX ADMINISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 231-8.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§231-8.5[]] Electronic
filing of tax returns. (a) The department may [allow] require
filing by electronic, telephonic, or optical means of any tax return,
application, report, or other document required under the provisions of title
14 administered by the department[.] and may allow exceptions for
reasonable cause as provided by rules adopted pursuant to chapter 91. The
date of filing shall be the date the tax return, application, report, or other
document is transmitted to the department in a form and manner prescribed by
departmental rules adopted pursuant to chapter 91. The department may
determine alternative methods for the signing, subscribing, or verifying of a
tax return, application, report, or other document that shall have the same
validity and consequences as the actual signing by the taxpayer. A filing
under this section shall be treated in the same manner as a filing subject to
the penalties under section 231-39.
(b) If a person who is required by the department under subsection (a) to file a tax return, application, report, or other document required under the provisions of title 14 administered by the department by electronic, telephonic, or optical means fails to file by electronic, telephonic, or optical means, the person shall be liable for a penalty of two per cent of the amount of the tax required to be shown on the return."
SECTION 2. Section 231-9.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The director of taxation is
authorized to require every person whose tax liability for any tax type
for any one taxable year exceeds [$100,000] $40,000 and who files
a tax return for any tax, including consolidated filers, to remit taxes by one
of the means of electronic funds transfer approved by the department[;
provided that for withholding taxes under section 235-62, electronic funds
transfers shall apply to annual tax liabilities that exceed $40,000].
Notwithstanding the tax liability thresholds in this subsection, the director
of taxation is authorized to require any person who is required to
electronically file a federal return or electronically remit any federal taxes
to the federal government, to electronically file a state return and
electronically remit any state taxes under title 14 to the department. The
director is authorized to grant an exemption to the electronic filing and
payment requirements for good cause."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval, provided that section 2 shall apply to taxable years beginning after December 31, 2017.
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INTRODUCED BY: |
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Report Title:
Tax Administration; Electronic Filing
Description:
Authorizes the Department of Taxation to require electronic filing of tax returns, subject to exceptions for reasonable cause as provided by administrative rules. Reduces the threshold amount for electronic funds transfers of taxes. Clarifies the thresholds are per tax type.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
