Hawaii 2023 Regular Session

Hawaii Senate Bill SB1398

Introduced
1/25/23  
Refer
1/30/23  
Report Pass
2/13/23  
Refer
2/13/23  
Report Pass
3/3/23  
Engrossed
3/7/23  

Caption

Relating To Conformity To The Internal Revenue Code.

Impact

The legislation will update tax compliance processes for individuals and possibly entities in Hawaii, affecting how income is calculated and taxed under state law. The amendments will ensure that specific provisions of the IRC apply within Hawaii, particularly in relation to the recent federal tax laws introduced in the wake of the COVID-19 pandemic. This conformity is expected to streamline tax administration and could influence the financial decision-making of residents, particularly around estate planning and generational wealth transfers.

Summary

SB1398 aims to align Hawaii's income and estate tax laws with the federal Internal Revenue Code (IRC) as of December 31, 2022. The bill proposes several amendments to existing statutes, including the definition of taxable income and regulations surrounding estate and generation-skipping transfer taxes. By conforming state law with federal provisions, the bill intends to provide greater clarity and uniformity for taxpayers in Hawaii, thereby simplifying compliance and potentially reducing tax liabilities for individuals in certain situations.

Sentiment

The reaction to SB1398 has been largely positive within legislative discussions, with supporters indicating that it will simplify and harmonize tax legislation across jurisdictions, making it easier for residents and businesses to understand their tax obligations. However, there are also concerns highlighted by some critics who fear that specific provisions, particularly those relating to estate taxes, could burden families during wealth transfers, raising issues about potential inequities in taxation.

Contention

Notable points of contention revolve around the implications of this bill on local governance over tax regulation and the extent of the state’s preemption over local tax rules. As the bill proposes significant alignment with federal rules, it raises questions about community-specific needs and the ability of local governments to impose taxes tailored to their jurisdictions. Some legislators argue that federal conformity may undermine local control over fiscal matters and caution that it might lead to broader implications for state fiscal policy and autonomy in governance.

Companion Bills

HI HB1100

Same As Relating To Conformity To The Internal Revenue Code.

Similar Bills

HI HB1100

Relating To Conformity To The Internal Revenue Code.

HI SB1398

Relating To Conformity To The Internal Revenue Code.

HI SB2246

Relating To Taxation.

HI HB947

Relating To Taxation Of Real Estate Investment Trusts.

HI SB785

Relating To Taxation.

HI SB592

Relating To Taxation Of Real Estate Investment Trusts.

HI HB1273

Relating To Taxation Of Real Estate Investment Trusts.

HI HB283

Relating To Taxation Of Real Estate Investment Trusts.