Report Title:

Energy conservation; taxation

 

Description:

Provides an individual income tax credit equal to 5% of the purchase price of a new single-family residence, condominium, or town house that complies with the Hawaii model energy code, excluding commissions, taxes, interest, points, and other brokerage, finance, and escrow charges.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

64

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to energy conservation.

 

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

SECTION 1. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§235- Hawaii model energy code; purchase of compliant buildings; individual income tax credit. (a) Any taxpayer who files an individual income tax return for a taxable year may claim an income tax credit under this section against the Hawaii state individual net income tax.

(b) The tax credit shall be equal to five per cent of the purchase price of a new residence that complies with the Hawaii model energy code, excluding commissions, taxes, interest, points, and other brokerage, finance, and escrow charges. The amount of the tax credit shall not exceed $5,000 for each new residence purchased by the taxpayer.

(c) The builder or seller of a new residence that qualifies for the income tax credit under this section shall provide to the purchaser:

(1) A certificate stating the purchase price of the residence; and

(2) A certificate stating that the residence qualifies for the tax credit.

The purchaser shall retain the certificate in order to claim the income tax credit under this section.

(d) If the tax credit claimed by the taxpayer under this section exceeds the amount of the income tax payments due from the taxpayer, then the excess of credit over payments due shall be refunded to the taxpayer; provided that:

(1) The tax credit properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; and

(2) No refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1.

(e) The director of taxation shall prepare such forms as may be necessary to claim a credit under this section, may require proof of the claim for the tax credit, and may adopt rules pursuant to chapter 91.

(f) All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section.

(g) Claims for the tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the taxable year for which the credit may be claimed."

SECTION 2. Section 235-12, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"§235-12 Energy conservation[;] devices and systems; income tax credit."

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

SECTION 3. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2001.

INTRODUCED BY:

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