HOUSE OF REPRESENTATIVES |
H.B. NO. |
1437 |
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GENERAL EXCISE TAX EXEMPTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish a general excise tax exemption on the gross proceeds or gross income received from sales of commodities or services that benefit nonprofit schools.
SECTION 2. Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§237- Nonprofit
schools; additional amounts not taxable. (a) In addition to the amounts exempt under
section 237-24, this chapter shall not apply to the gross proceeds or gross
income arising from a sale that benefits a nonprofit school, if the sale is
made by either:
(1) A nonprofit school; or
(2) A nonprofit school-sponsored student activity
group.
(b) As
used in this section:
"Nonprofit school" means an
organization that is:
(1) Recognized by
the Internal Revenue Service as a charitable organization that is organized and
operated exclusively for educational purposes and is exempt from federal
taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as
amended; and
(2) Registered with
and in possession of a tax clearance certificate from the department of taxation
and is exempt from the application of this chapter pursuant to section
237-23(a)(4).
"Nonprofit school-sponsored student
activity group" means a group connected to and under the control of a
nonprofit school. "Nonprofit
school-sponsored student activity group" includes:
(1) Student
government;
(2) Athletic, math,
and debate teams;
(3) Band,
orchestra, choir, drama, and other performing groups;
(4) Foreign
language clubs;
(5) Honor
societies;
(6) Pep squads; and
(7) Other student
activity groups that come under the control of the nonprofit school.
"Sale that benefits a
nonprofit school" means a sale of a commodity or service from which all
proceeds of the sale, less only the actual cost of the commodity or service to the
nonprofit school or nonprofit school-sponsored student activity group, are
donated to the nonprofit school and are used exclusively to further the
nonprofit school's tax exempt purpose."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 3000.
Report Title:
General Excise Tax; Exemption; Nonprofit Schools
Description:
Establishes a general excise tax exemption on the gross proceeds or gross income received from sales of commodities or services that benefit nonprofit schools. Effective 1/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.