reglab/housing_qa huggingface dataset:
HI Rev Stat § 235-110 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110 Credits and refunds.

 §235-110 Credits and refunds. (a) If the taxpayer has paid as an installment of the tax more than the amount determined to be the correct amount of such installment, the overpayment shall be credited against the unpaid installments, if any. If the amount already paid, whether or not on the basis of installments, exceeds the amount determined to be the correct amount of the tax, the amount of the credit shall be refunded in the manner provided in section 231-23(c). Within the meaning of this subsection, each amount of tax deducted and withheld from a taxpayer's wages is an installment of taxes paid by the taxpayer. A refund or credit shall be made to an employer only to the extent that the amount of overpayment claimed by the employer as a credit or refund was not deducted and withheld by the employer.   (b) This section does not apply in the case of a payment made pursuant to an assessment by the department of taxation under section 235-107 or 235-108(b). No refund or overpayment credit may be had under this section in any event unless the original payment of the tax was due to the law having been interpreted or applied in respect of the taxpayer concerned differently than in respect of the taxpayers generally. As to all tax payments for which a refund or credit is not authorized by this section (including without prejudice to the generality of the foregoing cases of unconstitutionality) the remedies provided by appeal or under section 40-35 are exclusive. However, nothing in this subsection shall be deemed applicable to a credit or refund authorized by sections 235-55, 235-66, or 235-71, or resulting from the tax as returned being less than the tax as estimated; in any of these cases a credit or refund is authorized even though the tax for the taxable year remains subject to determination by the department and assessment as provided by law.   (c) Any refund earned under this section shall be made in the manner provided in section 231-23(c). [L Sp 1957, c 1, pt of §2; am L 1959, c 277, §13; am L Sp 1959 2d, c 1, §16; am L 1963, c 45, §4(b), (c), (d); Supp, §121-44; HRS §235-110] Revision Note  In subsections (a) and (c), "231-23(c)" substituted for "231-23(d)" pursuant to §23G-15. Attorney General Opinions  Levy on unclaimed warrants by Internal Revenue Service for delinquent federal taxes should be honored. Att. Gen. Op. 62-4.
HI Rev Stat § 235-110.3 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.3 REPEALED.

  §235-110.3 REPEALED. L 2016, c 202, §3.
HI Rev Stat § 235-110.5 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.5 REPEALED.

  §235-110.5 REPEALED. L 1987, c 40, §2.
HI Rev Stat § 235-110.6 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.6 Fuel tax credit for commercial fishers.

  §235-110.6 Fuel tax credit for commercial fishers. (a) Each principal operator of a commercial fishing vessel who files an individual or corporate net income tax return for a taxable year may claim an income tax credit under this section against the Hawaii state individual or corporate net income tax.  (b) The tax credit shall be an amount equal to the fuel taxes imposed under section 243-4(a) and paid by the principal operator during the taxable year.  (c) The tax credit claimed under this section by the principal operator shall be deductible from the principal operator's individual or corporate income tax liability, if any, for the tax year in which the credit is properly claimed; provided that a husband and wife filing separate returns for a taxable year for which a joint return could have been made by them shall claim only the tax credit to which they would have been entitled had a joint return been filed. If the tax credit claimed by the principal operator under this section exceeds the amount of the income tax payments due from the principal operator, the excess of credit over payments due shall be refunded to the principal operator from the state highway fund; provided that the tax credit properly claimed by a principal operator who has no income tax liability shall be paid to the principal operator from the state highway fund; and provided further no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1.  (d) 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.  (e) All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section.  (f) Claims for the tax credit under this section, including any amended claims thereof, shall be filed on or before the end of the twelfth month following the taxable year for which the credit may be claimed.  (g) As used in this section:  (1) "Commercial fishing vessel" means any water vessel which is used to catch or process fish or transport fish loaded on the high seas.  (2) "Principal operator" means any individual or corporate resident taxpayer who derives at least fifty-one per cent of the taxpayer's gross annual income from commercial fishing operations. [L 1981, c 210, §1; am L 2010, c 192, §27] Revision Note  In subsection (e), "231-23(c)(1)" substituted for "231-23(d)(1)" pursuant to §23G-15.
HI Rev Stat § 235-110.31 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.31 REPEALED.

  §235-110.31 REPEALED. L 2016, c 202, §6.
HI Rev Stat § 235-110.46 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.46 REPEALED.

  §235-110.46 REPEALED. L 2017, c 3, §6.
HI Rev Stat § 235-110.51 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.51 Technology infrastructure renovation tax credit.

  §235-110.51 Technology infrastructure renovation tax credit. (a) There shall be allowed to each taxpayer subject to the taxes imposed by this chapter, an income tax credit which shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.  (b) The amount of the credit shall be four per cent of the renovation costs incurred during the taxable year for each commercial building located in Hawaii.  (c) In the case of a partnership, S corporation, estate, trust, or any developer of a commercial building, the tax credit allowable is for renovation costs incurred by the entity for the taxable year. The cost upon which the tax credit is computed shall be determined at the entity level. Distribution and share of credit shall be determined pursuant to section 235-110.7(a).  (d) If a deduction is taken under section 179 (with respect to election to expense depreciable business assets) of the Internal Revenue Code, no tax credit shall be allowed for that portion of the renovation cost for which the deduction is taken.  (e) The basis of eligible property for depreciation or accelerated cost recovery system purposes for state income taxes shall be reduced by the amount of credit allowable and claimed. In the alternative, the taxpayer shall treat the amount of the credit allowable and claimed as a taxable income item for the taxable year in which it is properly recognized under the method of accounting used to compute taxable income.  (f) The credit allowed under this section shall be claimed against the net income tax liability for the taxable year.  (g) If the tax credit under this section exceeds the taxpayer's income tax liability, the excess of credit over liability may be carried forward until exhausted.  (h) The tax credit allowed under this section shall not be available for taxable years beginning after December 31, 2010.  (i) As used in this section:  "Net income tax liability" means income tax liability reduced by all other credits allowed under this chapter.  "Renovation costs" means costs incurred after December 31, 2000, to plan, design, install, construct, and purchase technology-enabled infrastructure equipment to provide a commercial building with technology-enabled infrastructure.  "Technology-enabled infrastructure" means:  (1) High speed telecommunications systems that provide Internet access, direct satellite communications access, and videoconferencing facilities;  (2) Physical security systems that identify and verify valid entry to secure spaces, detect invalid entry or entry attempts, and monitor activity in these spaces;  (3) Environmental systems to include heating, ventilation, air conditioning, fire detection and suppression, and other life safety systems; and  (4) Backup and emergency electric power systems.  (j) No taxpayer that claims a credit under this section shall claim any other credit under this chapter. [L 2001, c 221, §2; am L 2004, c 215, §7]
HI Rev Stat § 235-110.92 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.92 REPEALED.

  §235-110.92 REPEALED. L 2007, c 9, §25.
HI Rev Stat § 235-110.94 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-110.94 REPEALED.

  §235-110.94 REPEALED. L 2016, c 258, §5.
HI Rev Stat § 235-111.5 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-111.5 REPEALED.

  §235-111.5 REPEALED. L 2021, c 117, §32.
HI Rev Stat § 235-112 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-112 Time for assessment of deficiency attributable to gain upon conversion.

 §235-112 Time for assessment of deficiency attributable to gain upon conversion. (a) If a taxpayer has made the election provided in section 1033(a)(2)(A) of the Internal Revenue Code, the rules stated in this section apply.   (b) The statutory period for the assessment of any deficiency, for any taxable year in which is realized any part of the gain on the conversion which is the subject of the election referred to in subsection (a) of this section, attributable to such gain, shall not expire prior to the expiration of three years from the date the department of taxation is notified by the taxpayer (in such manner as the department has prescribed or may prescribe) of the replacement of the converted property or of an intention not to replace, and such deficiency may be assessed at any time before the expiration of this three-year period notwithstanding any other provision which would otherwise prevent such assessment.   (c) If the property or stock purchased as a replacement for converted property was purchased before the beginning of the last taxable year in which any part of the gain upon such conversion is realized, any deficiency, to the extent resulting from the election referred to in subsection (a) of this section, for any taxable year ending before such last taxable year may be assessed, notwithstanding any other provision which would otherwise prevent such assessment, at any time before the expiration of the period within which a deficiency for such last taxable year may be assessed. [L 1959, c 277, pt of §14; am L Sp 1959 2d, c 1, §16; Supp, §121-45.1; HRS §235-112; am L 1979, c 62, §2(13)]
HI Rev Stat § 235-113 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-113 Time for assessment of deficiency attributable to gain upon sale of a residence.

 §235-113 Time for assessment of deficiency attributable to gain upon sale of a residence. (a) If after December 31, 1957, a taxpayer during a taxable year sells at a gain property used by the taxpayer as the taxpayer's principal residence, the rules stated in this section apply.   (b) The statutory period for the assessment of any deficiency attributable to any part of the gain referred to in subsection (a) of this section shall not expire before the expiration of three years from the date the department of taxation is notified by the taxpayer (in such manner as the department has prescribed or may prescribe) of the matters set out in subsection (c) of this section, and such deficiency may be assessed at any time before the expiration of the three-year period notwithstanding any other provision which would otherwise prevent such assessment.   (c) The notice referred to in subsection (b) of this section shall inform the department of:   (1) The taxpayer's cost of purchasing the new residence which the taxpayer claims results in nonrecognition of any part of the gain referred to in subsection (a) of this section, or   (2) The taxpayer's intention not to purchase a new residence within the period specified in section 1034(a) of the Internal Revenue Code, or   (3) A failure to make such purchase within such period. [L 1959, c 277, pt of §14; am L Sp 1959 2d, c 1, §16; Supp, §121-45.2; HRS §235-113; gen ch 1985]
HI Rev Stat § 235-115 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-115 Assessments, etc., prima facie proof.

  §235-115 Assessments, etc., prima facie proof. The effect of the notices of assessments and records prepared by or under the authority of the department of taxation shall be as set forth in sections 231-20 and 235-107. [L Sp 1957, c 1, pt of §2; am L Sp 1959 2d, c 1, §16; Supp, §121-47; HRS §235-115]
HI Rev Stat § 235-116 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-116 Disclosure of returns unlawful; penalty.

 §235-116 Disclosure of returns unlawful; penalty. All tax returns and return information required to be filed under this chapter shall be confidential, including any copy of any portion of a federal return that may be attached to a state tax return, or any information reflected in the copy of the federal return. It shall be unlawful for any person, or any officer or employee of the State, including the auditor or the auditor's agent with regard to tax return information obtained pursuant to section 23-5(a), to make known intentionally information imparted by any income tax return or estimate made under sections 235-92, 235-94, 235-95, and 235-97 or wilfully to permit any income tax return or estimate so made or copy thereof to be seen or examined by any person other than the taxpayer or the taxpayer's authorized agent, persons duly authorized by the State in connection with their official duties, the Multistate Tax Commission or the authorized representative thereof, except as otherwise provided by law. Any offense against the foregoing provisions shall be punishable as a class C felony. [L Sp 1957, c 1, pt of §2; Supp, §121-48; HRS §235-116; am L 1974, c 139, §3; am L 1978, c 172, §1; gen ch 1985; am L 2014, c 136, §4]
HI Rev Stat § 235-117 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-117 Reciprocal supplying of tax information.

  §235-117 Reciprocal supplying of tax information. Notwithstanding section 235-116, the department may permit the Secretary of the Treasury of the United States, the Commissioner of Internal Revenue, the Multistate Tax Commission, or the proper officer of any state or territory imposing an income tax upon incomes of persons taxable under this chapter, or any county of this State, or the authorized representatives thereof to inspect the income tax returns and estimates of any such person for tax purposes only. The department may also furnish to these authorized persons an abstract of an income tax return or estimate or supply these persons with information concerning any item of income contained in a return or disclosed by the report of an investigation of the income or return of a taxpayer. The Multistate Tax Commission may make the information available to a duly accredited tax official of the United States, any state or territory, or the authorized representative thereof, for tax purposes only. [L Sp 1957, c 1, pt of §2; am L Sp 1959 2d, c 1, §16; Supp, §121-49; HRS §235-117; am L 1974, c 139, §4; am L Sp 2005, c 9, §4]
HI Rev Stat § 235-118 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-118 Rules and regulations.

 §235-118 Rules and regulations. Except as otherwise provided in this chapter, the department of taxation shall prescribe and have printed all needful rules and regulations for the enforcement of this chapter and such rules and regulations so made shall have the force and effect of law if they be not in conflict with the express statutory provisions to which the same are applicable. [L Sp 1957, c 1, pt of §2; am L Sp 1959 2d, c 1, §16; Supp, §121-50; HRS §235-118] Cross References  Rules, see chapter 91.
HI Rev Stat § 235-119 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-119 Taxes, state realizations.

 §235-119 Taxes, state realizations. All income taxes shall be for the use of the State and shall be paid into the state treasury at such times as the director of finance shall direct. [L Sp 1957, c 1, pt of §2; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; Supp, §121-52; HRS §235-119]
HI Rev Stat § 235-121 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-121 Title; definitions; federal conformity; construction.

  §235-121 Title; definitions; federal conformity; construction. (a) The title of this part shall be the Hawaii S corporation income tax act.  (b) For purposes of this part, the following terms shall have the following meanings:  "C corporation" means a corporation which is not an S corporation.  "Income attributable to the State" means items of income, loss, deduction, or credit of the S corporation apportioned to this State pursuant to part II of this chapter or allocated to this State pursuant to section 235-5.  "Income not attributable to the State" means all items of income, loss, deduction, or credit of the S corporation other than income attributable to the State.  "Internal Revenue Code" has the meaning set forth in section 235-2.3 and as it applies to the taxable period; section references of the Internal Revenue Code shall be deemed to refer to corresponding provisions of prior and subsequent federal tax laws.  "Post-termination transition period" means that period defined in section 1377(b)(1) of the Internal Revenue Code.  "Pro rata share" means the share determined with respect to an S corporation shareholder for a taxable period in the manner provided in section 1377(a)(1) or (2) or 1362(e)(2) or (3) or (6)(D), as the case may be, of the Internal Revenue Code.  "S corporation" means a corporation for which a valid election under section 1362(a) of the Internal Revenue Code is in effect.  "Taxable period" means any taxable year or portion of a taxable year during which a corporation is an S corporation.  (c) Except as otherwise expressly provided or clearly appearing from the context, any term used in this part shall have the same meaning as when used in a comparable context in the Internal Revenue Code, or in any statute relating to federal income taxes, in effect for the taxable period. Due consideration shall be given in the interpretation of this part to applicable sections of the Internal Revenue Code in effect from time to time and to federal rulings and regulations interpreting those sections, provided the Internal Revenue Code rulings and regulations do not conflict with this part or other provisions of this chapter.  (d) This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this part among states enacting it. [L 1990, c 16, pt of §1]
HI Rev Stat § 235-122 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-122 Taxation of an S corporation and its shareholders.

 §235-122 Taxation of an S corporation and its shareholders. (a) An election under section 1361(b)(3) and (e), or 1362(a) of the Internal Revenue Code shall be effective for the purposes of this chapter. Evidence of a valid election for federal purposes shall be submitted to the department in such form and at such time the department may prescribe.  (b) Except as provided in the following sentence, an S corporation shall not be subject to the tax imposed by section 235-71. If income of an S corporation is subject to federal income tax, then such income as modified by section 235-123, to the extent it constitutes income attributable to the State, shall be taxed at the highest marginal rate of tax imposed on the net income of corporations. If an S corporation is required to pay a tax to this State by reason of the preceding sentence, then the income attributable to the State of the S corporation shall be reduced by the amount of the tax.  (c) Each shareholder's pro rata share of income attributable to the State and each resident shareholder's pro rata share of income not attributable to the State, to the extent modified pursuant to section 235-123, shall be taken into account by the shareholder in the manner provided in section 1366 of the Internal Revenue Code for the purposes of section 235-4 and shall be taxable under section 235-51. [L 1990, c 16, pt of §1; am L 1997, c 297, §5]
HI Rev Stat § 235-123 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-123 Modification and characterization of income.

  §235-123 Modification and characterization of income. (a) The pro rata share of each resident and nonresident shareholder in the income attributable to the State of an S corporation, for the purposes of section 235-122(c), shall be subject to the modifications to corporate income provided by this chapter.  (b) The pro rata share of each resident shareholder in the income not attributable to the State of an S corporation, for the purposes of section 235-122(c), shall be subject to the modifications to individual income provided by this chapter.  (c) S corporation items taken into account by a shareholder pursuant to section 235-122(c) shall be characterized as though received or incurred by the corporation and not its shareholder. [L 1990, c 16, pt of §1]
HI Rev Stat § 235-125 (2021)
2021 Hawaii Revised Statutes|Title 14. Taxation|235. Income Tax Law|235-125 Carryforwards and carrybacks; loss limitation.

  §235-125 Carryforwards and carrybacks; loss limitation. (a) Carryforwards and carrybacks to and from taxable periods of an S corporation shall be restricted in the manner provided in section 1371(b) of the Internal Revenue Code.  (b) The aggregate amount of losses or deductions of an S corporation taken into account by a shareholder pursuant to section 235-122(c) shall not exceed the combined adjusted bases, determined in accordance with section 235-124, of the shareholder in the stock and indebtedness of the S corporation.  (c) Any loss or deduction which is disallowed for a taxable period pursuant to subsection (b) shall be treated as incurred by the corporation in the succeeding taxable period with respect to the shareholder.  (d)(1) Any loss or deduction which is disallowed pursuant to subsection (b) for the corporation's last taxable period as an S corporation shall be treated as incurred by a shareholder on the last day of any post-termination transition period.  (2) The aggregate amount of losses and deductions taken into account by a shareholder pursuant to paragraph (1) shall not exceed the adjusted basis of the shareholder in the stock of the corporation (determined in accordance with section 235-124 at the close of the last day of any post-termination transition period and without regard to this subsection). [L 1990, c 16, pt of §1]