Report Title:

Conveyance Tax; Rates; Condominium or Single Family Residences

Description:

Amends the conveyance tax rates by increasing the rates for the sale of a condominium or single family residence for which the purchaser is ineligible for a county homeowner's exemption on property tax.

THE SENATE	S.B. NO.	859
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to conveyance tax.

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

     SECTION 1.  Section 247-2, Hawaii Revised Statutes, is amended to read as follows:

     "§247-2  Basis and rate of tax.  The tax imposed by section 247-1 shall be based on the actual and full consideration (whether cash or otherwise, including any promise, act, forbearance, property interest, value, gain, advantage, benefit, or profit), paid or to be paid for all transfers or conveyance of realty or any interest therein, that shall include any liens or encumbrances thereon at the time of sale, lease, sublease, assignment, transfer, or conveyance, and shall be at the following rates:

     (1)  Except as provided in paragraph (2):

         (A)  Ten cents per $100 for properties with a value of less than $600,000;

         (B)  Twenty cents per $100 for properties with a value of at least $600,000, but less than $1,000,000; and

         (C)  Thirty cents per $100 for properties with a value of $1,000,000 or greater; and

     (2)  For the sale of a condominium or single family residence for which the purchaser is ineligible for a county homeowner's exemption on property tax:

         (A)  [Fifteen cents] Thirty cents per $100 for properties with a value of less than $600,000;

         (B)  [Twenty-five cents] Forty cents per $100 for properties with a value of at least $600,000, but less than $1,000,000; and

         (C)  [Thirty-five cents] Seventy cents per $100 for properties with a value of $1,000,000 or greater,

of [such] actual and full consideration; provided that [in the case of] for a lease or sublease, this chapter shall apply only to a lease or sublease whose full unexpired term is for a period of five years or more, and in those cases, including (where appropriate) those cases where the lease has been extended or amended, the tax in this chapter shall be based on the cash value of the lease rentals discounted to present day value and capitalized at the rate of six per cent, plus the actual and full consideration paid or to be paid for any and all improvements, if any, that shall include on-site as well as off-site improvements, applicable to the leased premises; and provided further that the tax imposed for each transaction shall be not less than $1."

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

     SECTION 3.  This Act take effect on July 1, 2007, and shall apply to any document or instrument presented for recording or filing under chapter 247, Hawaii Revised Statutes, after June 30, 2007.

INTRODUCED BY:

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