Bill Text: HI SB76 | 2020 | Regular Session | Amended
Bill Title: Relating To Taxation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-22 - Received notice of all Senate conferees being discharged (Sen. Com. No. 535). [SB76 Detail]
Download: Hawaii-2020-SB76-Amended.html
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THE SENATE |
S.B. NO. |
76 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO TAXATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§235-
Personal emergency response system;
income tax credit. (a) There shall be allowed to each taxpayer
subject to the tax imposed by this chapter, a tax credit for the purchase of a
personal emergency response system; provided that the credit shall only be
available to a taxpayer whose federal adjusted gross income does not exceed:
(1) $45,000 for a
person filing as single or as married filing separately;
(2) $67,500 for a
person filing as head of household; and
(3) $90,000 for a
person filing as married filing jointly.
(b) The amount of the credit shall be equal to
$ .
(c) The department of health shall:
(1) Maintain records of the total amount of costs incurred for the purchase of a personal emergency response system for each taxpayer claiming a credit;
(2) Verify the amount of the costs claimed;
(3) Total all costs claimed; and
(4) Certify the total amount of the tax credit for each taxable year.
Upon each determination, the department of health
shall issue a certificate to the taxpayer verifying the costs incurred for the
purchase of a personal emergency response system and the credit amount
certified for each taxable year. For a
taxable year, the department of health may certify a credit for a taxpayer who
could have claimed the credit in a previous taxable year, but chose not to
because the maximum annual credit amount under subsection (d) was reached in
that taxable year.
The taxpayer shall file the
certificate with the taxpayer's tax return with the department of
taxation. Notwithstanding the department
of health's certification authority under this section, the director of
taxation may audit and adjust certification to conform to the facts.
(d) If in any taxable year the annual amount of
certified credits reaches $ in
the aggregate, the department of health shall immediately discontinue
certifying credits and notify the department of taxation. In no instance shall the department of health
certify a total amount of credits exceeding $
per taxable year. To comply with this
restriction, the department of health shall certify credits on a first come,
first served basis.
The department of taxation shall
not allow the aggregate amount of credits claimed to exceed that amount per
taxable year.
(e) If the tax credit under this section exceeds
the taxpayer's income tax liability, the excess of the credit over liability
may be used as a credit against the taxpayer's income tax liability in
subsequent years until exhausted.
All claims, including any amended
claims, for tax credits under this section shall be filed on or before the end
of the twelfth month following the close of the taxable year for which the
credit may be claimed. Failure to comply
with the foregoing provision shall constitute a waiver of the right to claim
the credit.
(f) The director of taxation:
(1) Shall prepare any forms that may be necessary to claim a tax credit under this section;
(2) May require the taxpayer to furnish reasonable information to ascertain the validity of the claim for the tax credit made under this section; and
(3) May adopt rules under chapter 91 necessary to effectuate the purposes of this section.
(g) As used in this section, "personal emergency response system" means an alarm system designed to permit the user to signal the occurrence of a medical or personal emergency to alert a provider."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050, and shall apply to taxable years beginning after December 31, 2019.
Report Title:
Income Tax Credit; Personal Emergency Response System
Description:
Establishes a non-refundable tax credit for the purchase of a personal emergency response system, under certain conditions. Applies to taxable years beginning after 12/31/2019. Effective 7/1/2050. (SB76 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
