REPORT TITLE:
Income Tax Credit


DESCRIPTION:
Increases the capital goods income tax credit from 4% to 10% for
taxable years beginning after 12/31/98, 8% for taxable years
beginning after 12/31/01, and 4.5% for taxable years beginning
after 12/31/04.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           55
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO INCOME TAXATION.



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

 1      SECTION 1.  Section 235-110.7, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending the title to read:
 
 4      "§235-110.7  Capital goods [excise tax] investment credit."
 
 5      2.  By amending subsections (a), (b), and (c) to read:
 
 6      "(a)  There shall be allowed to each resident taxpayer
 
 7 subject to the tax imposed by this chapter a capital goods
 
 8 [excise tax] investment credit which shall be deductible from the
 
 9 resident taxpayer's net income tax liability, if any, imposed by
 
10 this chapter for the taxable year in which the credit is properly
 
11 claimed.
 
12      The amount of the [tax] credit shall be determined by the
 
13 application of the following rates against the cost of the
 
14 eligible depreciable tangible personal property used by the
 
15 taxpayer in a trade or business and placed in service within
 
16 Hawaii after December 31, [1987.] 1998.  For calendar years
 
17 beginning after:  [December 31, 1987, the applicable rate shall
 
18 be three per cent; December 31, 1988, and thereafter, the
 
19 applicable rate shall be four per cent, except that for the
 

 
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                                     S.B. NO.           55
                                                        
                                                        

 
 1 period January 1, 1993, through December 31, 2002, and for
 
 2 eligible depreciable tangible personal property used in a trade
 
 3 or business that is purchased in a county in which the county
 
 4 general excise and use tax surcharge is in effect and placed in
 
 5 service in any county the applicable rate shall be four and one-
 
 6 half per cent.]
 
 7      (1)  December 31, 1998, and before January 1, 2002, the
 
 8           applicable rate shall be ten per cent;
 
 9      (2)  December 31, 2001, and before January 1, 2004, the
 
10           applicable rate shall be eight per cent; and
 
11      (3)  December 31, 2003, the applicable rate shall be four
 
12           and one-half per cent.
 
13 For resident taxpayers with fiscal taxable years, the applicable
 
14 rate shall be the rate for the calendar year in which the
 
15 eligible depreciable tangible personal property used in the trade
 
16 or business is placed in service within Hawaii.
 
17      In the case of a partnership, S corporation, estate, or
 
18 trust, the tax credit allowable is for eligible depreciable
 
19 tangible personal property which is placed in service by the
 
20 entity.  The cost upon which the tax credit is computed shall be
 
21 determined at the entity level.  Distribution and share of credit
 
22 shall be determined by rules.
 

 
 
 
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                                     S.B. NO.           55
                                                        
                                                        

 
 1      [In the case of eligible depreciable tangible personal
 
 2 property for which a credit for sales or use taxes paid to
 
 3 another state is allowable under section 238-3(i), the amount of
 
 4 the tax credit allowed under this section shall not exceed the
 
 5 amount of use tax, and for the period January 1, 1993, through
 
 6 December 31, 2002, the amount of the county general excise and
 
 7 use tax surcharge, actually paid under chapter 238 relating to
 
 8 such tangible personal property.]
 
 9      If a deduction is taken under section 179 (with respect to
 
10 election to expense certain depreciable business assets) of the
 
11 Internal Revenue Code of 1954, as amended, no [tax] credit shall
 
12 be allowed for that portion of the cost of property for which the
 
13 deduction was taken.
 
14      (b)  [If the tax credit is claimed by a taxpayer at the rate
 
15 of four and one-half per cent, and the tangible personal property
 
16 is purchased in a county in which the county general excise and
 
17 use tax surcharge is not in effect, there shall be added to and
 
18 become part of the tax liability of the taxpayer:
 
19      (1)  The amount of the tax credit claimed under this section
 
20           multiplied by three; or
 
21      (2)  Ten per cent of the income tax liability for the
 
22           taxable year for which the income tax return is being
 

 
 
 
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                                     S.B. NO.           55
                                                        
                                                        

 
 1           filed,
 
 2 whichever is greater.]
 
 3      If the capital goods [excise tax] investment credit allowed
 
 4 under subsection (a) exceeds the resident taxpayer's net income
 
 5 tax liability, the excess [of] credit [over liability shall be
 
 6 refunded to the taxpayer; provided that no refunds or payment on
 
 7 account of the tax credit allowed by this section shall be made
 
 8 for amounts less than $1.] shall be carried over until exhausted.
 
 9      All claims for [tax] credits under this section, including
 
10 any amended claims, must be filed on or before the end of the
 
11 twelfth month following the close of the taxable year for which
 
12 the credits may be claimed.  Failure to comply with the foregoing
 
13 provision shall constitute a waiver of the right to claim the
 
14 credit.
 
15      (c)  Application for the capital goods [excise tax]
 
16 investment credit shall be upon forms provided by the department
 
17 of taxation."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act, upon its approval, shall apply to
 
21 taxable years beginning after December 31, 1998.
 
22 
 
23                           INTRODUCED BY: ________________________