Bill Text: HI HB2626 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Manufacturing Tax Credit; Appropriation ($)

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Enrolled - Dead) 2014-04-28 - The House Conference Managers recommend to agree to the Senate Amendments. The votes were as follows: 4 Ayes: Representative(s) Tsuji, Luke, Cachola, Ward; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. [HB2626 Detail]

Download: Hawaii-2014-HB2626-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2626

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TAXATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that there is a great need for Hawaii to develop and support manufacturing in the State.  Hawaii imports over ninety per cent of the products consumed each year.  At the same time, there is a great demand outside the State for products that are made in Hawaii.

     The purpose of this Act is to promote manufacturing in the State by establishing a temporary income tax credit for taxpayers who incur expenses for manufacturing products in the State.

     SECTION 2.  Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§235-    Manufacturing tax credit.  (a)  There shall be allowed to each taxpayer subject to the taxes imposed by this chapter, an income tax credit for qualified manufacturing costs that 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 twenty per cent of the qualified manufacturing costs incurred during the taxable year; provided that the total credit claimed per taxpayer shall not exceed $200,000.

     In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for qualified manufacturing 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 by rule.

     If a deduction is taken under section 179 (with respect to election to expense depreciable business assets) of the Internal Revenue Code of 1986, as amended, no tax credit shall be allowed for those costs for which the deduction is taken.

     The basis for eligible property for depreciation of accelerated cost recovery system purposes of state income taxes shall be reduced by the amount of credit allowable and claimed.

     (c)  If the tax credit under this section exceeds the taxpayer's income tax liability, the excess of the tax credit over liability may be used as credit against the taxpayer's income tax liability in subsequent years until exhausted.  Every claim, including amended claims, for a tax credit 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.

     (d)  The director of taxation:

(1)  Shall prepare any forms that may be necessary to claim a credit under this section;

(2)  May require the taxpayer to furnish information to ascertain the validity of the claim for credit made under this section; and

(3)  May adopt rules pursuant to chapter 91 to effectuate this section.

(e)  The department of business, economic development, and tourism shall:

(1)  Maintain records of the total amount of qualified manufacturing costs for each taxpayer claiming a credit;

(2)  Verify the amount of the qualified manufacturing costs claimed;

(3)  Total all qualified manufacturing costs claimed; and

(4)  Certify the total amount of the tax credit for each taxable year.

Upon each determination, the department of business, economic development, and tourism shall issue a certificate to the taxpayer verifying the qualified manufacturing costs and the credit amount certified for each taxable year.

     The taxpayer shall file the certificate with the taxpayer's tax return with the department of taxation.  Notwithstanding the certification authority of the department of business, economic development, and tourism under this section, the director of taxation may audit and adjust certification to conform to the facts.

     (f)  As used in this section:

     "Net income tax liability" means income tax liability reduced by all other credits allowed under this chapter.

     "Qualified manufacturing costs" means expenditures for:

(1)  Costs incurred to purchase equipment to be used in manufacturing tangible personal property in the State; and

(2)  Costs incurred to train employees to manufacture tangible personal property in the State."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval; provided that:

(1)  Section 2 shall apply to taxable years beginning after December 31, 2014; and

(2)  This Act shall be repealed on January 1, 2023.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Income Tax Credit; Manufacturing

 

Description:

Establishes an income tax credit for taxpayers who incur certain expenses for manufacturing products in Hawaii.  Applies to taxable years beginning after December 31, 2014.  Repealed on January 1, 2023.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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