Bill Text: HI SB2921 | 2016 | Regular Session | Amended
Bill Title: Conformity to the Internal Revenue Code for 2015; Income Tax; Estate and Generation-skipping Transfer Tax
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-05-02 - Act 033, 04/29/2016 (Gov. Msg. No. 1133). [SB2921 Detail]
Download: Hawaii-2016-SB2921-Amended.html
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THE SENATE |
S.B. NO. |
2921 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONFORMITY TO THE INTERNAL REVENUE CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to conform Hawaii income and estate and generation-skipping transfer tax laws to the Internal Revenue Code.
SECTION 2. Section 235-2.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For all taxable years beginning
after December 31, [2014,] 2015, as used in this chapter, except
as provided in section 235-2.35, "Internal Revenue Code" means
subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended
as of December 31, [2014,] 2015, as it applies to the
determination of gross income, adjusted gross income, ordinary income and loss,
and taxable income, except those provisions of the Internal Revenue Code and
federal public laws which, pursuant to this chapter, do not apply or are otherwise
limited in application and except for the provisions of Public Law 109-001,
which apply to section 170 of the Internal Revenue Code. The provisions of
Public Law 109-001 to accelerate the deduction for charitable cash
contributions for the relief of victims of the 2004 Indian Ocean tsunami are
applicable for the calendar year that ended December 31, 2004, and the calendar
year ending December 31, 2005.
Sections 235-2, 235-2.1, and 235-2.2 shall continue to be used to determine:
(1) The basis of property, if a taxpayer first determined the basis of property in a taxable year to which these sections apply, and if the determination was made before January 1, 1978; and
(2) Gross income, adjusted gross income, ordinary income and loss, and taxable income for a taxable year to which these sections apply where the taxable year begins before January 1, 1978."
SECTION 3. Section 236E-3, Hawaii Revised Statutes, is amended to read as follows:
"§236E-3 Conformance to the Internal
Revenue Code; general application. For all decedents dying after [January
25, 2012,] December 31, 2015, 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, [2014,] 2015,
as it applies to the determination of gross estate, adjusted gross estate,
federal taxable estate, and generation-skipping transfers, except those
provisions of the Internal Revenue Code and federal public laws that, pursuant
to this chapter, do not apply or are otherwise limited in application."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that:
(1) Section 2 shall apply to taxable years beginning after December 31, 2015; and
(2) Section 3 shall apply to decedents dying or taxable transfers occurring after December 31, 2015.
Report Title:
Conformity to the Internal Revenue Code for 2015; Income Tax; Estate and Generation-skipping Transfer Tax
Description:
Conforms Hawaii income and estate and generation-skipping transfer tax laws to the Internal Revenue Code of 1986, as amended as of December 31, 2015, and makes technical, nonsubstantive amendments. (SB2921 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
