Haw. Rev. Stat. § 236E-1
Short title
This chapter shall be known and may be cited as the Estate and Generation-Skipping Transfer Tax Reform Act.
Hawaii Revised Statutes Chapter 236E — Estate and Generation-Skipping Transfer Tax
Hawaii · statute · Haw. Rev. Stat. ch. 236E · 27 active provisions
Haw. Rev. Stat. § 236E-2
Definitions
As used in this chapter: "Applicable generation-skipping transfer tax rate" means 2.25 per cent multiplied by the inclusion ratio with respect to any property transferred in a generation-skipping transfer as determined under section 2642 of the Internal Revenue Code as amended as of December 21, 2017. "Decedent" means…
Haw. Rev. Stat. § 236E-3
Conformance to the Internal Revenue Code; general application
For all decedents dying, or transfers occurring, after December 31, 2024, as used in this chapter, "Internal Revenue Code" means subtitle B of the federal Internal Revenue Code of 1986, as amended as of December 31, 2024, as it applies to the determination of gross estate, adjusted gross estate, federal taxable estate,…
Haw. Rev. Stat. § 236E-4
Administration, adoption, and interrelationship of Internal Revenue Code and federal public laws with this chapter
(a) Reference in provisions of the Internal Revenue Code that are operative in this State to provisions in the Internal Revenue Code that are not operative in this State shall be considered inoperative for the purposes of determining the gross estate, federal taxable estate, and generation-skipping transfers; provided…
Haw. Rev. Stat. § 236E-5
Legislative intent; application of Internal Revenue Code
(a) It is the intent of this chapter, in addition to the essential purpose of raising revenue, to conform the estate and generation-skipping transfer tax law of the State as closely as possible to the Internal Revenue Code, in order to simplify the filing of returns and minimize the taxpayers' burdens in complying with…
Haw. Rev. Stat. § 236E-6
Applicable exclusion amounts
(a) An exclusion from a Hawaii taxable estate shall be allowed to the estate of every decedent against the tax imposed by section 236E-8. For the purpose of this section, the applicable exclusion amount is equal to: (1) The federal applicable exclusion amount; (2) The exemption equivalent of the unified credit reduced…
Haw. Rev. Stat. § 236E-7
Hawaii taxable estate
For the purposes of this chapter, "Hawaii taxable estate" means: (1) For residents, the federal taxable estate under section 2051, et seq., of the Internal Revenue Code but without regard for the deduction for state death taxes paid under section 2058 of the Internal Revenue Code; (2) For nonresidents, the federal taxa…
Haw. Rev. Stat. § 236E-8
Tax imposed; credit for tax paid other state
(a) This section shall apply to a decedent who, at the time of death was: (1) A resident of the State; or (2) A nonresident of the State whose gross estate includes any real property situated in the State or tangible personal property having a situs in the State. Where the decedent is the sole owner of a single member…
Haw. Rev. Stat. § 236E-9
Returns; time to file return and pay tax
(a) The Hawaii transfer tax return, including any supplemental or amended return, is required to be filed pursuant to this chapter whenever a federal estate tax return or applicable generation-skipping transfer tax return is required to be filed or any tax is owed under this chapter. The return shall be filed, and the…
Haw. Rev. Stat. § 236E-10
Interest on amount due; penalties
(a) Any tax due under this chapter that is not paid by the time prescribed for the filing of the return as provided in section 236E-9, not including any extension with respect to the filing of the report or the payment of the tax, shall bear interest at the rate in section 231-39(b)(4) from the date any tax is due unti…
Haw. Rev. Stat. § 236E-11
Extension of time to file return
If a federal transfer tax return is due and the date for filing the federal return or the date for payment of the federal transfer tax is extended by the Internal Revenue Service, the filing of the return and payment of the tax imposed by this chapter shall be due on the respective dates specified by the Internal Reven…
Haw. Rev. Stat. § 236E-12
Department to issue release; final settlement of account
(a) The department shall issue an automatic release of estate tax liability to the personal representative when: (1) No estate tax is imposed by this chapter and upon the receipt of a request for a release, if the release includes the sworn statement of the personal representative or agent that in fact no taxes are due…
Haw. Rev. Stat. § 236E-13
Amended returns; final determination
If the amount of the federal taxable estate reported on an estate's federal estate tax return is changed or corrected by the Internal Revenue Service, the person required to make and file the estate tax return under this chapter shall provide notice of the change or correction to the department by filing, within ninety…
Haw. Rev. Stat. § 236E-14
Administration; rules
The department may adopt rules under chapter 91 to implement this chapter.
Haw. Rev. Stat. § 236E-15
Sale of property to pay tax; creation of lien
(a) Subject to chapter 560 and section 531-29, as applicable, a personal representative may sell any property necessary to pay the estate taxes due under this chapter. A personal representative may sell any property specifically bequeathed or devised as necessary to pay the proportionate amount of the taxes due on the…
Haw. Rev. Stat. § 236E-16
Liability for failure to pay tax before distribution or delivery
(a) Any personal representative who distributes any property without first paying, securing another's payment of, or furnishing security for payment of the estate taxes due under this chapter shall be personally liable for the taxes due to the extent of the value of any property that may come or may have come into the…
Haw. Rev. Stat. § 236E-17
Generation-skipping transfers; tax imposed
(a) A Hawaii generation-skipping transfer tax is imposed on every taxable transfer involving: (1) Transferred property located in the State; and (2) Transferred property from a resident trust. (b) The tax shall be the applicable generation-skipping transfer tax rate multiplied by the taxable amount as determined under…
Haw. Rev. Stat. § 236E-18
Administration by department; action for collection of tax; appeal
The department may collect the taxes provided for in this chapter, including applicable interest and penalties, and shall represent the State in all matters pertaining to this chapter, before any court or in any other manner. The department, through the attorney general, may institute proceedings for the collection of…
Haw. Rev. Stat. § 236E-18.5
Audit of return; procedure upon failure to file return; additional taxes; limitation period
(a) The director of taxation, or the director's designee, is authorized and empowered to examine all account books, bank books, bank statements, records, vouchers, copies of federal tax returns, and any and all other documents and evidence having any relevance to the determination of any amount relevant to the Hawaii t…
Haw. Rev. Stat. § 236E-19
Parent as natural guardian for purposes of sections 2032A and 2057 of the Internal Revenue Code
A parent, without being appointed guardian of the person or conservator of the estate, or a conservator of the estate, or, if no conservator of the estate has been appointed, a guardian of the person, of any minor or disabled person whose interest is not adverse to the minor or disabled person, may make any election an…
Haw. Rev. Stat. § 236E-20
Reimbursement
If a person who pays the Hawaii transfer tax arising from a taxable transfer is entitled under the Internal Revenue Code or any other state or federal statute or rule of law to reimbursement of a portion of the federal transfer tax from any other person who has received transferred property, then, unless the governing…
Haw. Rev. Stat. § 236E-21
Statute of limitations; claims for refund
(a) If the amount paid with respect to any taxable transfer is less than the amount due under this chapter, the department shall assess the underpayment from the person responsible for payment, as follows: (1) If a federal transfer tax return is due, a proceeding to assess the underpayment amount shall commence within:…
Haw. Rev. Stat. § 236E-22
Expenses of court proceeding
Whenever a circuit court certifies that probable cause exists for issuing a citation and taking proceedings under this chapter, the director of finance shall pay from the tax reserve fund provided in section 231-23(c)(2), or allow all expenses incurred for services of citation and other lawful disbursements that have n…
Haw. Rev. Stat. § 236E-23
Who liable; amount
In addition to the amount of tax determined to be due under this chapter, every person who fails or refuses to perform, within a reasonable time, any duty required by this chapter, or who fails or refuses to make and deliver within a reasonable time any statement or record required by this chapter, shall forfeit to the…
Haw. Rev. Stat. § 236E-24
Agreements with other states for payment of tax imposed by this chapter
Where the department claims that transferred property has a tax situs in this State and the taxing authority of any other state claims the same transferred property is subject to a transfer tax in the other state, the department may enter into a written agreement with the taxing authority in the other state and with th…
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