236E-1 Short title.
§236E-1 Short title. This chapter shall be known and may be cited as the Estate and Generation-Skipping Transfer Tax Reform Act. [L 2012, c 220, pt of §1]
236E-10 Interest on amount due; penalties.
§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 […]
236E-11 Extension of time to file return.
§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 […]
236E-12 Department to issue release; final settlement of account.
§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 […]
236E-13 Amended returns; final determination.
§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 […]
236E-14 Administration; rules.
§236E-14 Administration; rules. The department may adopt rules under chapter 91 to implement this chapter. [L 2012, c 220, pt of §1]
236E-15 Sale of property to pay tax; creation of lien.
§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 […]
236E-16 Liability for failure to pay tax before distribution or delivery.
§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 […]
236E-17 Generation-skipping transfers; tax imposed.
§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 chapter 13 of […]
236E-18 Administration by department; action for collection of tax; appeal.
§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 […]
236E-18.5 Audit of return; procedure upon failure to file return; additional taxes; limitation period.
§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 […]
236E-19 Parent as natural guardian for purposes of sections 2032A and 2057 of the Internal Revenue Code.
§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 […]
236E-2 Definitions.
§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 a deceased individual owning property […]
236E-20 Reimbursement.
§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 […]
236E-21 Statute of limitations; claims for refund.
§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 […]
236E-22 Expenses of court proceeding.
§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 not […]
236E-23 Who liable; amount.
§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 […]
236E-24 Agreements with other states for payment of tax imposed by this chapter.
§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 […]
236E-25 Disclosure of federal return information.
§236E-25 Disclosure of federal return information. When receipt of estate tax information from the Internal Revenue Service under section 6103(d) of the Internal Revenue Code discloses possible Hawaii estate tax liability, any person possessing federal estate tax information shall be required to submit the information to the department upon request to enable the department to […]
236E-26 Disposition of revenues.
§236E-26 Disposition of revenues. All moneys collected under this chapter shall be state realizations, to be kept and accounted for as provided by law. [L 2012, c 220, pt of §1]