Hawaii 2023 Regular Session

Hawaii Senate Bill SB1089 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1089 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to taxation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1089
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1089
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to taxation.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that, although the State implemented a regulatory framework for peer-to-peer car-sharing programs through the enactment of Act 77, Session Laws of Hawaii 2022, persons offering vehicles for rent through peer-to-peer car-sharing programs have caused significant parking disruptions in many neighborhoods. In many of these instances, a person operates out of a residential home with multiple vehicles, sometimes numbering in the teens, that are available to rent through the peer-to-peer car-sharing program. However, since the person is operating out of a residential home, many of the vehicles cannot be accommodated on the residential property, which results in the excess vehicles taking up valuable parking spaces on the neighborhood streets. To address this issue, the legislature finds that many vehicles for rent through a peer-to-peer car-sharing program may be relocated if owners of commercial properties are properly incentivized to allocate dedicated space for these vehicles. Accordingly, the purpose of this Act is to establish an income tax credit for owners of commercial properties that provide designated parking spaces for vehicles available for rent through a peer-to-peer car-sharing program. SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§235- Peer-to-peer car-sharing parking tax credit. (a) There shall be allowed to each taxpayer subject to the taxes imposed by this chapter, an income tax credit 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. The amount of the credit shall be $ for each parking space that is within a parking lot on the commercial property owned by the taxpayer and that is solely designated for use by a peer-to-peer car-sharing platform pursuant to a written agreement. In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for every designated parking space by the entity. The cost upon which the tax credit is computed shall be determined at the entity level. Distribution and share of credit shall be determined pursuant to administrative rule. (b) If the tax credit claimed by the taxpayer under this section exceeds the amount of the income tax payments due from the taxpayer, the excess of credit over payments due shall be refunded to the taxpayer; provided that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1. (c) The director of taxation shall prepare such forms as may be necessary to claim a credit under this section, may require proof of the claim for the tax credit, and may adopt rules pursuant to chapter 91. (d) All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section. (e) Claims for the tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the taxable year for which the credit may be claimed. (f) For purposes of this section, "peer-to-peer car-sharing platform" has the same meaning as in section 279L-1." SECTION 3. New statutory material is underscored. SECTION 4. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2022. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that, although the State implemented a regulatory framework for peer-to-peer car-sharing programs through the enactment of Act 77, Session Laws of Hawaii 2022, persons offering vehicles for rent through peer-to-peer car-sharing programs have caused significant parking disruptions in many neighborhoods. In many of these instances, a person operates out of a residential home with multiple vehicles, sometimes numbering in the teens, that are available to rent through the peer-to-peer car-sharing program. However, since the person is operating out of a residential home, many of the vehicles cannot be accommodated on the residential property, which results in the excess vehicles taking up valuable parking spaces on the neighborhood streets. To address this issue, the legislature finds that many vehicles for rent through a peer-to-peer car-sharing program may be relocated if owners of commercial properties are properly incentivized to allocate dedicated space for these vehicles.
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51	51	Accordingly, the purpose of this Act is to establish an income tax credit for owners of commercial properties that provide designated parking spaces for vehicles available for rent through a peer-to-peer car-sharing program.
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53	53	SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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55	55	"§235- Peer-to-peer car-sharing parking tax credit. (a) There shall be allowed to each taxpayer subject to the taxes imposed by this chapter, an income tax credit 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. The amount of the credit shall be $ for each parking space that is within a parking lot on the commercial property owned by the taxpayer and that is solely designated for use by a peer-to-peer car-sharing platform pursuant to a written agreement.
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57	57	In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for every designated parking space by the entity. The cost upon which the tax credit is computed shall be determined at the entity level. Distribution and share of credit shall be determined pursuant to administrative rule.
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59	59	(b) If the tax credit claimed by the taxpayer under this section exceeds the amount of the income tax payments due from the taxpayer, the excess of credit over payments due shall be refunded to the taxpayer; provided that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1.
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61	61	(c) The director of taxation shall prepare such forms as may be necessary to claim a credit under this section, may require proof of the claim for the tax credit, and may adopt rules pursuant to chapter 91.
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63	63	(d) All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section.
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65	65	(e) Claims for the tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the taxable year for which the credit may be claimed.
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67	67	(f) For purposes of this section, "peer-to-peer car-sharing platform" has the same meaning as in section 279L-1."
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69	69	SECTION 3. New statutory material is underscored.
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71	71	SECTION 4. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2022.
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75	75	INTRODUCED BY: _____________________________
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77	77	INTRODUCED BY:
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85	85	Report Title: Taxation; Credit; Income Tax; Peer-to-Peer Car Sharing Description: Establishes a tax credit for commercial property owners that make available parking spaces within the owners' parking lots for use by peer-to-peer car-sharing platforms. Applies to taxable years after 12/31/2022. 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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91	91	Report Title:
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93	93	Taxation; Credit; Income Tax; Peer-to-Peer Car Sharing
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97	97	Description:
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99	99	Establishes a tax credit for commercial property owners that make available parking spaces within the owners' parking lots for use by peer-to-peer car-sharing platforms. Applies to taxable years after 12/31/2022.
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107	107	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.