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THE SENATE

S.B. NO.

1196

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE INCOME TAX.

 

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

SECTION 1. Section 235-51, Hawaii Revised Statutes, is amended to read as follows:

"§235-51 Tax imposed on individuals; rates. (a) There is hereby imposed on the taxable income of (1) every taxpayer who files a joint return under section 235-93; and (2) every surviving spouse a tax determined in accordance with the following table:

In the case of any taxable year beginning after December 31, 1998:

If the taxable income is: The tax shall be:

Not over $4,000 1.60% of taxable income

Over $4,000 but $64.00 plus 3.90% of

not over $8,000 excess over $4,000

Over $8,000 but $220.00 plus 6.80% of

not over $16,000 excess over $8,000

Over $16,000 but $764.00 plus 7.20% of

not over $24,000 excess over $16,000

Over $24,000 but $1,340.00 plus 7.50% of

not over $32,000 excess over $24,000

Over $32,000 but $1,940.00 plus 7.80% of

not over $40,000 excess over $32,000

Over $40,000 but $2,564.00 plus 8.20% of

not over $60,000 excess over $40,000

Over $60,000 but $4,204.00 plus 8.50% of

not over $80,000 excess over $60,000

Over $80,000 $5,904.00 plus 8.75% of

excess over $80,000

In the case of any taxable year beginning after December 31, 2000:

If the taxable income is: The tax shall be:

Not over $4,000 1.50% of taxable income

Over $4,000 but $60.00 plus 3.70% of

not over $8,000 excess over $4,000

Over $8,000 but $208.00 plus 6.40% of

not over $16,000 excess over $8,000

Over $16,000 but $720.00 plus 6.90% of

not over $24,000 excess over $16,000

Over $24,000 but $1,272.00 plus 7.30% of

not over $32,000 excess over $24,000

Over $32,000 but $1,856.00 plus 7.60% of

not over $40,000 excess over $32,000

Over $40,000 but $2,464.00 plus 7.90% of

not over $60,000 excess over $40,000

Over $60,000 but $4,044.00 plus 8.20% of

not over $80,000 excess over $60,000

Over $80,000 $5,684.00 plus 8.50% of

excess over $80,000

In the case of any taxable year beginning after December 31, 2001:

If the taxable income is: The tax shall be:

Not over $4,000 1.40% of taxable income

Over $4,000 but $56.00 plus 3.20% of

not over $8,000 excess over $4,000

Over $8,000 but $184.00 plus 5.50% of

not over $16,000 excess over $8,000

Over $16,000 but $624.00 plus 6.40% of

not over $24,000 excess over $16,000

Over $24,000 but $1,136.00 plus 6.80% of

not over $32,000 excess over $24,000

Over $32,000 but $1,680.00 plus 7.20% of

not over $40,000 excess over $32,000

Over $40,000 but $2,256.00 plus 7.60% of

not over $60,000 excess over $40,000

Over $60,000 but $3,776.00 plus 7.90% of

not over $80,000 excess over $60,000

Over $80,000 $5,356.00 plus 8.25% of

excess over $80,000

In the case of any taxable year beginning after December 31, 2003:

If the taxable income is: The tax shall be:

Not over $4,000 1.30% of taxable income

Over $4,000 but $52.00 plus 3.10% of

not over $8,000 excess over $4,000

Over $8,000 but $176.00 plus 5.10% of

not over $16,000 excess over $8,000

Over $16,000 but $584.00 plus 6.00% of

not over $24,000 excess over $16,000

Over $24,000 but $1,064.00 plus 6.50% of

not over $32,000 excess over $24,000

Over $32,000 but $1,584.00 plus 6.90% of

not over $40,000 excess over $32,000

Over $40,000 but $2,136.00 plus 7.30% of

not over $60,000 excess over $40,000

Over $60,000 but $3,596.00 plus 7.70% of

not over $80,000 excess over $60,000

Over $80,000 $5,136.00 plus 8.00% of

excess over $80,000

In the case of any taxable year beginning after December 31, 2004:

If the taxable income is: The tax shall be:

Not over $4,000 1.20% of taxable income

Over $4,000 but $48.00 plus 3.00% of

not over $8,000 excess over $4,000

Over $8,000 but $168.00 plus 4.70% of

not over $16,000 excess over $8,000

Over $16,000 but $544.00 plus 5.60% of

not over $24,000 excess over $16,000

Over $24,000 but $992.00 plus 6.20% of

not over $32,000 excess over $24,000

Over $32,000 but $1,488.00 plus 6.60% of

not over $40,000 excess over $32,000

Over $40,000 but $2,016.00 plus 7.00% of

not over $60,000 excess over $40,000

Over $60,000 but $3,416.00 plus 7.40% of

not over $80,000 excess over $60,000

Over $80,000 $4,896.00 plus 7.75% of

excess over $80,000

In the case of any taxable year beginning after December 31, 2005:

If the taxable income is: The tax shall be:

Not over $4,000 1.10% of taxable income

Over $4,000 but $44.00 plus 2.90% of

not over $8,000 excess over $4,000

Over $8,000 but $160.00 plus 4.30% of

not over $16,000 excess over $8,000

Over $16,000 but $504.00 plus 5.20% of

not over $24,000 excess over $16,000

Over $24,000 but $920.00 plus 6.00% of

not over $32,000 excess over $24,000

Over $32,000 but $1,400.00 plus 6.40% of

not over $40,000 excess over $32,000

Over $40,000 but $1,912.00 plus 6.80% of

not over $60,000 excess over $40,000

Over $60,000 but $3,372.00 plus 7.20% of

not over $80,000 excess over $60,000

Over $80,000 $4,712.00 plus 7.50% of

excess over $80,000

In the case of any taxable year beginning after December 31, 2006:

If the taxable income is: The tax shall be:

Not over $4,000 1.00% of taxable income

Over $4,000 but $40.00 plus 2.80% of

not over $8,000 excess over $4,000

Over $8,000 but $152.00 plus 3.90% of

not over $16,000 excess over $8,000

Over $16,000 but $464.00 plus 4.90% of

not over $24,000 excess over $16,000

Over $24,000 but $856.00 plus 5.70% of

not over $32,000 excess over $24,000

Over $32,000 but $1,312.00 plus 6.10% of

not over $40,000 excess over $32,000

Over $40,000 but $1,800.00 plus 6.50% of

not over $60,000 excess over $40,000

Over $60,000 but $3,100.00 plus 6.90% of

not over $80,000 excess over $60,000

Over $80,000 $4,480.00 plus 7.25% of

excess over $80,000

(b) There is hereby imposed on the taxable income of every head of a household a tax determined in accordance with the following table:

In the case of any taxable year beginning after December 31, 1998:

If the taxable income is: The tax shall be:

Not over $3,000 1.60% of taxable income

Over $3,000 but $48.00 plus 3.90% of

not over $6,000 excess over $3,000

Over $6,000 but $165.00 plus 6.80% of

not over $12,000 excess over $6,000

Over $12,000 but $573.00 plus 7.20% of

not over $18,000 excess over $12,000

Over $18,000 but $1,005.00 plus 7.50% of

not over $24,000 excess over $18,000

Over $24,000 but $1,455.00 plus 7.80% of

not over $30,000 excess over $24,000

Over $30,000 but $1,923.00 plus 8.20% of

not over $45,000 excess over $30,000

Over $45,000 but $3,153.00 plus 8.50% of

not over $60,000 excess over $45,000

Over $60,000 $4,428.00 plus 8.75% of

excess over $60,000

In the case of any taxable year beginning after December 31, 2000:

If the taxable income is: The tax shall be:

Not over $3,000 1.50% of taxable income

Over $3,000 but $45.00 plus 3.70% of

not over $6,000 excess over $3,000

Over $6,000 but $156.00 plus 6.40% of

not over $12,000 excess over $6,000

Over $12,000 but $540.00 plus 6.90% of

not over $18,000 excess over $12,000

Over $18,000 but $954.00 plus 7.30% of

not over $24,000 excess over $18,000

Over $24,000 but $1,392.00 plus 7.60% of

not over $30,000 excess over $24,000

Over $30,000 but $1,848.00 plus 7.90% of

not over $45,000 excess over $30,000

Over $45,000 but $3,033.00 plus 8.20% of

not over $60,000 excess over $45,000

Over $60,000 $4,263.00 plus 8.50% of

excess over $60,000

In the case of any taxable year beginning after December 31, 2001:

If the taxable income is: The tax shall be:

Not over $3,000 1.40% of taxable income

Over $3,000 but $42.00 plus 3.20% of

not over $6,000 excess over $3,000

Over $6,000 but $138.00 plus 5.50% of

not over $12,000 excess over $6,000

Over $12,000 but $468.00 plus 6.40% of

not over $18,000 excess over $12,000

Over $18,000 but $852.00 plus 6.80% of

not over $24,000 excess over $18,000

Over $24,000 but $1,260.00 plus 7.20% of

not over $30,000 excess over $24,000

Over $30,000 but $1,692.00 plus 7.60% of

not over $45,000 excess over $30,000

Over $45,000 but $2,832.00 plus 7.90% of

not over $60,000 excess over $45,000

Over $60,000 $4,017.00 plus 8.25% of

excess over $60,000

In the case of any taxable year beginning after December 31, 2003:

If the taxable income is: The tax shall be:

Not over $3,000 1.30% of taxable income

Over $3,000 but $39.00 plus 3.10% of

not over $6,000 excess over $3,000

Over $6,000 but $132.00 plus 5.10% of

not over $12,000 excess over $6,000

Over $12,000 but $438.00 plus 6.00% of

not over $18,000 excess over $12,000

Over $18,000 but $798.00 plus 6.50% of

not over $24,000 excess over $18,000

Over $24,000 but $1,188.00 plus 6.90% of

not over $30,000 excess over $24,000

Over $30,000 but $1,602.00 plus 7.30% of

not over $45,000 excess over $30,000

Over $45,000 but $2,697.00 plus 7.70% of

not over $60,000 excess over $45,000

Over $60,000 $3,852.00 plus 8.00% of

excess over $60,000

In the case of any taxable year beginning after December 31, 2004:

If the taxable income is: The tax shall be:

Not over $3,000 1.20% of taxable income

Over $3,000 but $36.00 plus 3.00% of

not over $6,000 excess over $3,000

Over $6,000 but $126.00 plus 4.70% of

not over $12,000 excess over $6,000

Over $12,000 but $408.00 plus 5.60% of

not over $18,000 excess over $12,000

Over $18,000 but $744.00 plus 6.20% of

not over $24,000 excess over $18,000

Over $24,000 but $1,116.00 plus 6.60% of

not over $30,000 excess over $24,000

Over $30,000 but $1,512.00 plus 7.00% of

not over $45,000 excess over $30,000

Over $45,000 but $2,562.00 plus 7.40% of

not over $60,000 excess over $45,000

Over $60,000 $3,672.00 plus 7.75% of

excess over $60,000

In the case of any taxable year beginning after December 31, 2005:

If the taxable income is: The tax shall be:

Not over $3,000 1.10% of taxable income

Over $3,000 but $33.00 plus 2.90% of

not over $6,000 excess over $3,000

Over $6,000 but $120.00 plus 4.30% of

not over $12,000 excess over $6,000

Over $12,000 but $378.00 plus 5.20% of

not over $18,000 excess over $12,000

Over $18,000 but $690.00 plus 6.00% of

not over $24,000 excess over $18,000

Over $24,000 but $1,050.00 plus 6.40% of

not over $30,000 excess over $24,000

Over $30,000 but $1,434.00 plus 6.80% of

not over $45,000 excess over $30,000

Over $45,000 but $2,454.00 plus 7.20% of

not over $60,000 excess over $45,000

Over $60,000 $3,534.00 plus 7.50% of

excess over $60,000

In the case of any taxable year beginning after December 31, 2006:

If the taxable income is: The tax shall be:

Not over $3,000 1.00% of taxable income

Over $3,000 but $30.00 plus 2.80% of

not over $6,000 excess over $3,000

Over $6,000 but $114.00 plus 3.90% of

not over $12,000 excess over $6,000

Over $12,000 but $348.00 plus 4.90% of

not over $18,000 excess over $12,000

Over $18,000 but $642.00 plus 5.70% of

not over $24,000 excess over $18,000

Over $24,000 but $984.00 plus 6.10% of

not over $30,000 excess over $24,000

Over $30,000 but $1,350.00 plus 6.50% of

not over $45,000 excess over $30,000

Over $45,000 but $2,325.00 plus .90% of

not over $60,000 excess over $45,000

Over $60,000 $3,360.00 plus 7.25% of

excess over $60,000

(c) There is hereby imposed on the taxable income of (1) every unmarried individual (other than a surviving spouse, or the head of a household) and (2) on the taxable income of every married individual who does not make a single return jointly with the individual's spouse under section 235-93 a tax determined in accordance with the following table:

In the case of any taxable year beginning after December 31, 1998:

If the taxable income is: The tax shall be:

Not over $2,000 1.60% of taxable income

Over $2,000 but $32.00 plus 3.90% of

not over $4,000 excess over $2,000

Over $4,000 but $110.00 plus 6.80% of

not over $8,000 excess over $4,000

Over $8,000 but $382.00 plus 7.20% of

not over $12,000 excess over $8,000

Over $12,000 but $670.00 plus 7.50% of

not over $16,000 excess over $12,000

Over $16,000 but $970.00 plus 7.80% of

not over $20,000 excess over $16,000

Over $20,000 but $1,282.00 plus 8.20% of

not over $30,000 excess over $20,000

Over $30,000 but $2,102.00 plus 8.50% of

not over $40,000 excess over $30,000

Over $40,000 $2,952.00 plus 8.75% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2000:

If the taxable income is: The tax shall be:

Not over $2,000 1.50% of taxable income

Over $2,000 but $30.00 plus 3.70% of

not over $4,000 excess over $2,000

Over $4,000 but $104.00 plus 6.40% of

not over $8,000 excess over $4,000

Over $8,000 but $360.00 plus 6.90% of

not over $12,000 excess over $8,000

Over $12,000 but $636.00 plus 7.30% of

not over $16,000 excess over $12,000

Over $16,000 but $928.00 plus 7.60% of

not over $20,000 excess over $16,000

Over $20,000 but $1,232.00 plus 7.90% of

not over $30,000 excess over $20,000

Over $30,000 but $2,022.00 plus 8.20% of

not over $40,000 excess over $30,000

Over $40,000 $2,842.00 plus 8.50% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2001:

If the taxable income is: The tax shall be:

Not over $2,000 1.40% of taxable income

Over $2,000 but $28.00 plus 3.20% of

not over $4,000 excess over $2,000

Over $4,000 but $92.00 plus 5.50% of

not over $8,000 excess over $4,000

Over $8,000 but $312.00 plus 6.40% of

not over $12,000 excess over $8,000

Over $12,000 but $568.00 plus 6.80% of

not over $16,000 excess over $12,000

Over $16,000 but $840.00 plus 7.20% of

not over $20,000 excess over $16,000

Over $20,000 but $1,128.00 plus 7.60% of

not over $30,000 excess over $20,000

Over $30,000 but $1,888.00 plus 7.90% of

not over $40,000 excess over $30,000

Over $40,000 $2,678.00 plus 8.25% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2003:

If the taxable income is: The tax shall be:

Not over $2,000 1.30% of taxable income

Over $2,000 but $26.00 plus 3.10% of

not over $4,000 excess over $2,000

Over $4,000 but $88.00 plus 5.10% of

not over $8,000 excess over $4,000

Over $8,000 but $292.00 plus 6.00% of

not over $12,000 excess over $8,000

Over $12,000 but $532.00 plus 6.50% of

not over $16,000 excess over $12,000

Over $16,000 but $792.00 plus 6.90% of

not over $20,000 excess over $16,000

Over $20,000 but $1,068.00 plus 7.30% of

not over $30,000 excess over $20,000

Over $30,000 but $1,798.00 plus 7.70% of

not over $40,000 excess over $30,000

Over $40,000 $2,568.00 plus 8.00% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2004:

If the taxable income is: The tax shall be:

Not over $2,000 1.20% of taxable income

Over $2,000 but $24.00 plus 3.00% of

not over $4,000 excess over $2,000

Over $4,000 but $84.00 plus 4.70% of

not over $8,000 excess over $4,000

Over $8,000 but $272.00 plus 5.60% of

not over $12,000 excess over $8,000

Over $12,000 but $496.00 plus 6.20% of

not over $16,000 excess over $12,000

Over $16,000 but $744.00 plus 6.60% of

not over $20,000 excess over $16,000

Over $20,000 but $1,008.00 plus 7.00% of

not over $30,000 excess over $20,000

Over $30,000 but $1,708.00 plus 7.40% of

not over $40,000 excess over $30,000

Over $40,000 $2,448.00 plus 7.75% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2005:

If the taxable income is: The tax shall be:

Not over $2,000 1.10% of taxable income

Over $2,000 but $22.00 plus 2.90% of

not over $4,000 excess over $2,000

Over $4,000 but $80.00 plus 4.30% of

not over $8,000 excess over $4,000

Over $8,000 but $252.00 plus 5.20% of

not over $12,000 excess over $8,000

Over $12,000 but $460.00 plus 6.00% of

not over $16,000 excess over $12,000

Over $16,000 but $700.00 plus 6.40% of

not over $20,000 excess over $16,000

Over $20,000 but $956.00 plus 6.80% of

not over $30,000 excess over $20,000

Over $30,000 but $1,636.00 plus 7.20% of

not over $40,000 excess over $30,000

Over $40,000 $2,356.00 plus 7.50% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2006:

If the taxable income is: The tax shall be:

Not over $2,000 1.00% of taxable income

Over $2,000 but $20.00 plus 2.80% of

not over $4,000 excess over $2,000

Over $4,000 but $76.00 plus 3.90% of

not over $8,000 excess over $4,000

Over $8,000 but $232.00 plus 4.90% of

not over $12,000 excess over $8,000

Over $12,000 but $428.00 plus 5.70% of

not over $16,000 excess over $12,000

Over $16,000 but $656.00 plus 6.10% of

not over $20,000 excess over $16,000

Over $20,000 but $900.00 plus 6.50% of

not over $30,000 excess over $20,000

Over $30,000 but $1,550.00 plus 6.90% of

not over $40,000 excess over $30,000

Over $40,000 $2,240.00 plus 7.25% of

excess over $40,000

(d) The tax imposed by section 235-2.4 on estates and trusts shall be determined in accordance with the following table:

In the case of any taxable year beginning after December 31, 1998:

If the taxable income is: The tax shall be:

Not over $2,000 1.60% of taxable income

Over $2,000 but $32.00 plus 3.90% of

not over $4,000 excess over $2,000

Over $4,000 but $110.00 plus 6.80% of

not over $8,000 excess over $4,000

Over $8,000 but $382.00 plus 7.20% of

not over $12,000 excess over $8,000

Over $12,000 but $670.00 plus 7.50% of

not over $16,000 excess over $12,000

Over $16,000 but $970.00 plus 7.80% of

not over $20,000 excess over $16,000

Over $20,000 but $1,282.00 plus 8.20% of

not over $30,000 excess over $20,000

Over $30,000 but $2,102.00 plus 8.50% of

not over $40,000 excess over $30,000

Over $40,000 $2,952.00 plus 8.75% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2000:

If the taxable income is: The tax shall be:

Not over $2,000 1.50% of taxable income

Over $2,000 but $30.00 plus 3.70% of

not over $4,000 excess over $2,000

Over $4,000 but $104.00 plus 6.40% of

not over $8,000 excess over $4,000

Over $8,000 but $360.00 plus 6.90% of

not over $12,000 excess over $8,000

Over $12,000 but $636.00 plus 7.30% of

not over $16,000 excess over $12,000

Over $16,000 but $928.00 plus 7.60% of

not over $20,000 excess over $16,000

Over $20,000 but $1,232.00 plus 7.90% of

not over $30,000 excess over $20,000

Over $30,000 but $2,022.00 plus 8.20% of

not over $40,000 excess over $30,000

Over $40,000 $2,842.00 plus 8.50% of

excess over $40,000

In the case of any taxable year beginning after December 31, 2001:

If the taxable income is: The tax shall be:

Not over $2,000 1.40% of taxable income

Over $2,000 but $28.00 plus 3.20% of

not over $4,000 excess over $2,000

Over $4,000 but $92.00 plus 5.50% of

not over $8,000 excess over $4,000

Over $8,000 but $312.00 plus 6.40% of

not over $12,000 excess over $8,000

Over $12,000 but $568.00 plus 6.80% of

not over $16,000 excess over $12,000

Over $16,000 but $840.00 plus 7.20% of

not over $20,000 excess over $16,000

Over $20,000 but $1,128.00 plus 7.60% of

not over $30,000 excess over $20,000

Over $30,000 but $1,888.00 plus 7.90% of

not over $40,000 excess over $30,000

Over $40,000 $2,678.00 plus 8.25% of

excess over $40,000

(e) Any taxpayer, other than a corporation, acting as a business entity in more than one state who is required by this chapter to file a return may elect to report and pay a tax of .5 per cent of its annual gross sales (1) where the taxpayer's only activities in this State consist of sales; and (2) who does not own or rent real estate or tangible personal property; and (3) whose annual gross sales in or into this State during the tax year is not in excess of $100,000.

(f) If a taxpayer has a net capital gain for any taxable year to which this subsection applies, then the tax imposed by this section shall not exceed the sum of:

(1) The tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of:

(A) The taxable income reduced by the amount of net capital gain, or

(B) The amount of taxable income taxed at a rate below 7.25 per cent, plus

(2) A tax of 7.25 per cent of the amount of taxable income in excess of the amount determined under paragraph (1).

[This subsection shall apply to individuals, estates, and trusts for taxable years beginning after December 31, 1986.]"

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

SECTION 3. This Act shall take effect upon its approval; provided that if a taxpayer's taxable year includes the effective date of the tax rate changes (unless that date is the first day of the taxable year), then, (1) the tentative taxes shall be computed by applying the rate for the period before the effective date change, and the rate for the period on and after that date, to the taxable income for the entire year; and (2) the tax for the taxable year shall be the sum of that proportion of each tentative tax which the number of days in each period bears to the number of days in the entire taxable year.

INTRODUCED BY:

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