HOUSE OF REPRESENTATIVES	H.B. NO.	2095
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to emergency physicians.

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 be appropriately designated and to read as follows:

     "§235‑   Emergency room physician tax credit. (a)  There shall be allowed to each qualified taxpayer subject to the taxes imposed by this chapter, an emergency room physician tax credit that shall be applied to the qualified taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

(b)  As used in this section, "qualified taxpayer" means a physician licensed under chapter 453 and who:

(1) Works as an emergency room physician in a state-approved hospital emergency room on an on-call basis;

(2) Has worked a minimum of five hundred and seventy-six on-call hours in the year for which the tax credit is claimed; and

(3) Does not owe the State delinquent taxes, penalties, or interest.

(c)  The tax credit shall be in an amount equal to five per cent of the amount of medical malpractice insurance premium paid by the qualified taxpayer for the taxable year in which the credit is claimed.

(d)  If the tax credit claimed by the qualified taxpayer under this section exceeds the qualified taxpayer's income tax liability, the excess of credit over liability shall be refunded to the qualified taxpayer; provided that the tax credit properly claimed by a qualified taxpayer who has no income tax liability shall be paid to the qualified taxpayer; and provided further that 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 necessary to effectuate the purposes of this section.

(f)  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.  New statutory material is underscored.

     SECTION 3.  This Act, upon its approval, shall apply to taxable years beginning after December 31, 2009.

INTRODUCED BY:

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Report Title:

Emergency Room Physicians; Tax Credit

Description:

Provides a tax credit for emergency room physicians who work a minimum of 576 on-call hours in a state-approved emergency room.

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