Report Title:
Hawaii Income Tax Law and Internal Revenue Code Conformity
Description:
Amends Hawaii's income tax law to conform with changes to the Internal Revenue Code. (SD1)
THE SENATE |
S.B. NO. |
834 |
TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
|
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to comply with section 235-2.5, Hawaii Revised Statutes, which mandates that the department of taxation submit a bill to each regular session of the legislature that amends Hawaii income tax law to conform with changes to the Internal Revenue Code.
SECTION 2. Section 235-2.3, Hawaii Revised Statutes, is amended to read as follows:
"§235-2.3 Conformance to the federal Internal Revenue Code; general application. (a) For all taxable years beginning after December 31, [2003,] 2004, as used in this chapter "Internal Revenue Code" means subtitle A, chapter 1 of the federal Internal Revenue Code of 1986, as amended as of December 31, [2003,] 2004, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income except those provisions of the Internal Revenue Code and federal public laws which pursuant to this chapter do not apply or are otherwise limited in application[.] and except for the provisions of Public Law 109-001 which apply to section 170 of Internal Revenue Code. The provisions of Public Law 109-001 to accelerate the deduction for charitable cash contributions for the relief of victims of the Indian Ocean tsunami are applicable for the calendar years that ended December 31, 2004 and ending December 31, 2005.
Sections 235-2, 235-2.1, and 235-2.2 shall continue to be used to determine:
(1) The basis of property, if a taxpayer first determined the basis of property in a taxable year to which such sections apply, and if such determination was made before January 1, 1978; and
(2) Gross income, adjusted gross income, ordinary income and loss, and taxable income for a taxable year to which such sections apply where such taxable year begins before January 1, 1978.
(b) The following Internal Revenue Code subchapters, parts of subchapters, sections, subsections, and parts of subsections shall not be operative for the purposes of this chapter, unless otherwise provided:
(1) Subchapter A (sections 1 to 59A) (with respect to determination of tax liability), except section 1(h)(3) (relating to net capital gain reduced by the amount taken into account as investment income), except sections 2(a), 2(b), and (2c) (with respect to the definition of surviving spouse and head of household), except section 41 (with respect to the credit for increasing research activities), except section 42 (with respect to low-income housing credit), and except sections 47 and 48, as amended, as of December 31, 1984 (with respect to certain depreciable tangible personal property). For treatment, see sections 235-110.91, 235-110.7, and 235-110.8;
(2) Section 78 (with respect to dividends received from certain foreign corporations by domestic corporations choosing foreign tax credit);
(3) Section 86 (with respect to social security and tier 1 railroad retirement benefits);
(4) Section 103 (with respect to interest on state and local bonds). For treatment, see section 235-7(b);
(5) Section 114 (with respect to extraterritorial income);
(6) Section 120 (with respect to amounts received under qualified group legal services plans). For treatment, see section 235-7(a)(9) to (11);
(7) Section 122 (with respect to certain reduced uniformed services retirement pay). For treatment, see section 235-7(a)(3);
(8) Section 135 (with respect to income from United States savings bonds used to pay higher education tuition and fees). For treatment, see section 235-7(a)(1);
(9) Subchapter B (sections 141 to 150) (with respect to tax exemption requirements for state and local bonds);
(10) Section 151 (with respect to allowance of deductions for personal exemptions). For treatment, see section 235-54;
(11) Section 196 (with respect to deduction for certain unused investment credits);
(12) Section 199 (with respect to the U.S. production activities deduction);
[(12)] (13) Section 222 (with respect to qualified tuition and related expenses);
[(13)] (14) Sections 241 to 247 (with respect to special deductions for corporations). For treatment, see section 235-7(c);
[(14)] (15) Section 280C (with respect to certain expenses for which credits are allowable). For treatment, see section 235-110.91;
[(15)] (16) Section 291 (with respect to special rules relating to corporate preference items);
[(16)] (17) Section 367 (with respect to foreign corporations);
[(17)] (18) Section 501(c)(12), (15), (16) (with respect to exempt organizations);
[(18)] (19) Section 515 (with respect to taxes of foreign countries and possessions of the United States);
[(19)] (20) Subchapter G (sections 531 to 565) (with respect to corporations used to avoid income tax on shareholders);
[(20)] (21) Subchapter H (sections 581 to 597) (with respect to banking institutions), except section 584 (with respect to common trust funds). For treatment, see chapter 241;
[(21)] (22) Section 642(a) and (b) (with respect to special rules for credits and deductions applicable to trusts). For treatment, see sections 235-54(b) and 235-55;
[(22)] (23) Section 646 (with respect to tax treatment of electing Alaska Native settlement trusts);
[(23)] (24) Section 668 (with respect to interest charge on accumulation distributions from foreign trusts);
[(24)] (25) Subchapter L (sections 801 to 848) (with respect to insurance companies). For treatment, see sections 431:7-202 and 431:7-204;
[(25)] (26) Section 853 (with respect to foreign tax credit allowed to shareholders). For treatment, see section 235-55;
[(26)] (27) Subchapter N (sections 861 to 999) (with respect to tax based on income from sources within or without the United States), except sections 985 to 989 (with respect to foreign currency transactions). For treatment, see sections 235-4, 235-5, and 235-7(b), and 235-55;
[(27)] (28) Section 1042(g) (with respect to sales of stock in agricultural refiners and processors to eligible farm cooperatives);
[(28)] (29) Section 1055 (with respect to redeemable ground rents);
[(29)] (30) Section 1057 (with respect to election to treat transfer to foreign trust, etc., as taxable exchange);
[(30)] (31) Sections 1291 to 1298 (with respect to treatment of passive foreign investment companies);
[(31)] (32) Subchapter Q (sections 1311 to 1351) (with respect to readjustment of tax between years and special limitations);
[(32)] (33) Subchapter U (sections 1391 to 1397F) (with respect to designation and treatment of empowerment zones, enterprise communities, and rural development investment areas). For treatment, see chapter 209E; and
[(33)] (34) Subchapter W (sections 1400 to 1400C) (with respect to District of Columbia enterprise zone)."
SECTION 3. Section 235-2.4, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Section 179 (with respect to the election to expense certain depreciable business assets) of the Internal Revenue Code shall be operative for purposes of this chapter, except that provisions relating to:
(1) The increase of the maximum deduction to $100,000 for taxable years beginning after 2002 and before [2006] 2008 in section 179(b)(1);
(2) The increase of the qualifying investment amount to $400,000 for taxable years beginning after 2002 and before [2006] 2008 in section 179(b)(2);
(3) Defining section 179 property to include computer software in section 179(d)(1);
(4) Inflation adjustments in section 179(b)(5); and
(5) Irrevocable election in section 179(c)(2);
shall not be operative for the purposes of this chapter."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2004, except as otherwise provided in this Act.