Hawaii 2024 Regular Session

Hawaii Senate Bill SB3023 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 THE SENATE S.B. NO. 3023 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to the tax credit for research activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 3023
44 THIRTY-SECOND LEGISLATURE, 2024
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 3023
1212
1313 THIRTY-SECOND LEGISLATURE, 2024
1414
1515
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 relating to the tax credit for research activities.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
4747 SECTION 1. Section 235-110.91, Hawaii Revised Statutes, is amended to read as follows: "§235-110.91 Tax credit for research activities. (a) Section 41 (with respect to the credit for increasing research activities) and section 280C(c) (with respect to certain expenses for which the credit for increasing research activities are allowable) of the Internal Revenue Code shall be operative for the purposes of this chapter as provided in this section; provided that the federal tax provisions in section 41 of the Internal Revenue Code, as that section was enacted on December 31, 2011, irrespective of any subsequent changes to section 41 of the Internal Revenue Code, shall remain in effect for purposes of determining the state income tax credit under this section; provided further that the federal tax provisions in section 41 of the Internal Revenue Code, as enacted on December 31, 2011, irrespective of any subsequent amendments to section 41 of the Internal Revenue Code, shall apply only to expenses incurred for qualified research activities after December 31, 2012. (b) All references to Internal Revenue Code sections within sections 41 and 280C(c) of the Internal Revenue Code shall be operative for purposes of this section; provided that references to the base amount in section 41 of the Internal Revenue Code shall not apply, and credit for all qualified research expenses may be taken without regard to the amount of expenses for previous years. (c) There shall be allowed to each qualified high technology business subject to the tax imposed by this chapter an income tax credit for qualified research activities equal to the credit for research activities provided by section 41 of the Internal Revenue Code and as modified by this section; provided that, in addition to any other requirements established in this section, in order to qualify for the tax credit established in this section, the qualified high technology business shall also claim a federal tax credit for the same qualified research activities under section 41 of the Internal Revenue Code, as enacted on December 31, 2011, irrespective of any subsequent amendments to section 41 of the Internal Revenue Code. The credit 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. Each taxpayer, together with all of the taxpayer's related entities, as determined under section 267(b) of the Internal Revenue Code, and all business entities under common control, as determined under sections 414(b), 414(c), and 1563(a) of the Internal Revenue Code, shall not be eligible for more than $1,500,000 in tax credits provided by this section per taxable year. (d) Every qualified high technology business shall be registered to do business in the State. [(d) Every] (e) To be eligible for the tax credit, every qualified high technology business, [before March 31 of each year] no later than the last day of the third month immediately following the end of each taxable year in which qualified research and development activity was conducted [in the previous taxable year], shall submit [a written, certified statement] each of the following, at minimum, to the department of business, economic development, and tourism [identifying]: (1) Qualified expenditures, if any, expended in the previous taxable year; [and] (2) The amount of tax credits claimed pursuant to this section, if any, in the previous taxable year[.]; (3) The industry sector of sectors in which the qualified high technology business conducts business, as set forth in paragraphs (2) through (8) of the definition of "qualified research" in section 235-7.3; (4) The qualified high technology business' revenue and expense data, including a breakdown of any licensing royalty or other forms of income generated from intellectual property; (5) Employment and wage data relating to the qualified high technology business' operations in the State, including the numbers of full-time and part-time employees retained, new positions created, temporary positions created, external services procured, and payroll taxes incurred by the qualified high technology business; (6) The number of filed intellectual property filings, including invention disclosures, provisional patents, and patents issued or granted; (7) The number of new companies in the State that separated from, or were established by, the qualified high technology business to commercialize the intellectual property owned by the qualified high technology business; and (8) A written declaration signed by an officer of the qualified high technology business certifying that the information that is submitted is true and correct as to every material matter; provided that the certification shall be subject to the penalties pursuant to section 231-26, including monetary fines and imprisonment. Failure to meet the requirements of this subsection shall constitute a waiver of the right to claim the tax credit. The department of business, economic development, and tourism shall request any specific information relating to the categories identified in paragraphs (1) through (8) that the department of business, economic development, and tourism deems sufficient to measure the effectiveness of the tax credit pursuant to this section. The department of business, economic development, and tourism may request any additional information that the department of business, economic development, and tourism deems necessary to measure the effectiveness of the tax credit, including additional information related to patents. [(e)] (f) The department of business, economic development, and tourism shall: (1) Maintain records of the names and addresses of the taxpayers claiming the credits under this section and the total amount of the qualified research and development activity costs upon which the tax credit is based; (2) Verify the nature of the qualifying research activity and the amount of the qualifying costs or expenditures; (3) Total all qualifying and cumulative costs or expenditures that the department certifies; and (4) Certify the amount of the tax credit for each taxable year and cumulative amount of the tax credit. Upon each determination made under this subsection, the department of business, economic development, and tourism shall issue a certificate to the taxpayer verifying information submitted to the department of business, economic development, and tourism, including the qualifying costs or expenditure amounts, the credit amount certified for each taxable year, and the cumulative amount of the tax credit during the credit period. The taxpayer shall file the certificate with the taxpayer's tax return with the department of taxation. Notwithstanding the authority of the department of business, economic development, and tourism under this section, the director of taxation may audit and adjust the tax credit amount to conform to the facts. The department of business, economic development, and tourism may assess and collect a fee to offset the costs of certifying tax credit claims under this section. [(f)] (g) If in any [taxable] calendar year the annual amount of certified credits reaches [$5,000,000] $15,000,000 in the aggregate, the department of business, economic development, and tourism shall immediately discontinue certifying credits and notify the department of taxation. In no instance shall the department of business, economic development, and tourism certify a total amount of credits exceeding [$5,000,000] $15,000,000 per [taxable] calendar year. To comply with this restriction, the department of business, economic development, and tourism shall certify credits on a first come, first served basis[.], which shall be determined based on the date that a complete application is received by the department of business, economic development, and tourism. Complete applications received on the same date shall be certified on a pro rata basis. The department of taxation shall not allow the aggregate amount of credits claimed to exceed that amount per taxable year. [(g)] (h) If the tax credit for qualified research activities claimed by a taxpayer exceeds the amount of income tax payment due from the taxpayer, the excess of the tax credit over payments due shall be refunded to the taxpayer; provided that no refund on account of the tax credit allowed by this section shall be made for amounts less than $1. [(h)] (i) All 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 properly claim the credit shall constitute a waiver of the right to claim the credit. [(i) A qualified high technology business that claims the credit under this section shall complete and file with the department of business, economic development, and tourism, through that department's website, an annual survey on electronic forms prepared and prescribed by the department of business, economic development, and tourism. The annual survey shall be filed before June 30 of each calendar year following the calendar year in which the credit may be claimed under this section. The department of business, economic development, and tourism may adjust the due date of the annual survey by rules adopted pursuant to chapter 91. (j) The annual survey under subsection (i) shall include the following information for the time period or periods specified by the department of business, economic development, and tourism: (1) Identification of the industry sector or sectors in which the qualified high technology business conducts business, as set forth in paragraphs (2) to (8) of the definition of "qualified research" in section 235-7.3(c); (2) Total expenditures and the qualified expenditures, if any, expended in the previous taxable year; (3) Revenue and expense data, including a breakdown of any licensing royalty or other forms of income generated from intellectual property; (4) Hawaii employment and wage data, including the numbers of full-time and part-time employees retained, new jobs, temporary positions, external services procured by the business, and payroll taxes; (5) Filed intellectual property, including invention disclosures, provisional patents, and patents issued or granted; and (6) The number of new companies spun out or established to commercialize the intellectual property owned by the qualified high technology business. The department of business, economic development, and tourism shall request information in each of these categories sufficient to measure the effectiveness of the tax credit under this section. The department of business, economic development, and tourism may request any additional information necessary to measure the effectiveness of the tax credit, such as information related to patents. In preparing the survey and requesting any additional information, the department of business, economic development, and tourism shall ensure that qualified high technology businesses are not subject to duplicative reporting requirements. (k)] (j) The department of business, economic development, and tourism shall use information collected under this section and through its other reporting requirements to prepare summary descriptive statistics by category. The information shall be reported at the aggregate level to prevent compromising identities of qualified high technology business investors or other confidential information. The department of business, economic development, and tourism shall also identify each qualified high technology business that applies for or is the beneficiary of tax credits claimed under this section. The department of business, economic development, and tourism shall report the information required under this subsection to the legislature by September 1 of each year. [(l)] (k) The department of business, economic development, and tourism, in collaboration with the department of taxation, shall use the information collected to study the effectiveness of the tax credit under this section. The department of business, economic development, and tourism shall submit a report to the legislature on the following: (1) The amount of tax credits claimed and total taxes paid by qualified high technology businesses; (2) The number of qualified high technology businesses in each industry sector; (3) The numbers and types of jobs created by qualified high technology businesses; (4) External services and materials procured by the businesses; (5) The compensation levels of jobs provided by qualified high technology businesses; (6) Qualified research activities; and (7) Any other factors the department of business, economic development, and tourism deems relevant. The department of business, economic development, and tourism shall submit the report to the legislature by September 1 of each year. [(m)] (l) The director of taxation may adopt any rules under chapter 91 and forms necessary to carry out this section. [(n)] (m) This section shall not apply to taxable years beginning after December 31, [2024.] 2029. [(o)] (n) As used in this section: "Qualified high technology business" shall have the same meaning as in section 235-7.3(c). "Qualified research" shall have the same meaning as in section 41(d) of the Internal Revenue Code. "Qualified research expenses" shall have the same meaning as in section 41(b) of the Internal Revenue Code; provided that it shall not include research expenses incurred outside of the State." SECTION 2. Act 261, Session Laws of Hawaii 2019, is amended by amending section 5 to read as follows: "SECTION 5. This Act shall take effect upon its approval; provided that: (1) Section 2 shall apply to taxable years beginning after December 31, 2019; and (2) Part II shall take effect on December 31, [2024.] 2029." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2023. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. Section 235-110.91, Hawaii Revised Statutes, is amended to read as follows:
5050
5151 "§235-110.91 Tax credit for research activities. (a) Section 41 (with respect to the credit for increasing research activities) and section 280C(c) (with respect to certain expenses for which the credit for increasing research activities are allowable) of the Internal Revenue Code shall be operative for the purposes of this chapter as provided in this section; provided that the federal tax provisions in section 41 of the Internal Revenue Code, as that section was enacted on December 31, 2011, irrespective of any subsequent changes to section 41 of the Internal Revenue Code, shall remain in effect for purposes of determining the state income tax credit under this section; provided further that the federal tax provisions in section 41 of the Internal Revenue Code, as enacted on December 31, 2011, irrespective of any subsequent amendments to section 41 of the Internal Revenue Code, shall apply only to expenses incurred for qualified research activities after December 31, 2012.
5252
5353 (b) All references to Internal Revenue Code sections within sections 41 and 280C(c) of the Internal Revenue Code shall be operative for purposes of this section; provided that references to the base amount in section 41 of the Internal Revenue Code shall not apply, and credit for all qualified research expenses may be taken without regard to the amount of expenses for previous years.
5454
5555 (c) There shall be allowed to each qualified high technology business subject to the tax imposed by this chapter an income tax credit for qualified research activities equal to the credit for research activities provided by section 41 of the Internal Revenue Code and as modified by this section; provided that, in addition to any other requirements established in this section, in order to qualify for the tax credit established in this section, the qualified high technology business shall also claim a federal tax credit for the same qualified research activities under section 41 of the Internal Revenue Code, as enacted on December 31, 2011, irrespective of any subsequent amendments to section 41 of the Internal Revenue Code. The credit 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. Each taxpayer, together with all of the taxpayer's related entities, as determined under section 267(b) of the Internal Revenue Code, and all business entities under common control, as determined under sections 414(b), 414(c), and 1563(a) of the Internal Revenue Code, shall not be eligible for more than $1,500,000 in tax credits provided by this section per taxable year.
5656
5757 (d) Every qualified high technology business shall be registered to do business in the State.
5858
5959 [(d) Every] (e) To be eligible for the tax credit, every qualified high technology business, [before March 31 of each year] no later than the last day of the third month immediately following the end of each taxable year in which qualified research and development activity was conducted [in the previous taxable year], shall submit [a written, certified statement] each of the following, at minimum, to the department of business, economic development, and tourism [identifying]:
6060
6161 (1) Qualified expenditures, if any, expended in the previous taxable year; [and]
6262
6363 (2) The amount of tax credits claimed pursuant to this section, if any, in the previous taxable year[.];
6464
6565 (3) The industry sector of sectors in which the qualified high technology business conducts business, as set forth in paragraphs (2) through (8) of the definition of "qualified research" in section 235-7.3;
6666
6767 (4) The qualified high technology business' revenue and expense data, including a breakdown of any licensing royalty or other forms of income generated from intellectual property;
6868
6969 (5) Employment and wage data relating to the qualified high technology business' operations in the State, including the numbers of full-time and part-time employees retained, new positions created, temporary positions created, external services procured, and payroll taxes incurred by the qualified high technology business;
7070
7171 (6) The number of filed intellectual property filings, including invention disclosures, provisional patents, and patents issued or granted;
7272
7373 (7) The number of new companies in the State that separated from, or were established by, the qualified high technology business to commercialize the intellectual property owned by the qualified high technology business; and
7474
7575 (8) A written declaration signed by an officer of the qualified high technology business certifying that the information that is submitted is true and correct as to every material matter; provided that the certification shall be subject to the penalties pursuant to section 231-26, including monetary fines and imprisonment.
7676
7777 Failure to meet the requirements of this subsection shall constitute a waiver of the right to claim the tax credit.
7878
7979 The department of business, economic development, and tourism shall request any specific information relating to the categories identified in paragraphs (1) through (8) that the department of business, economic development, and tourism deems sufficient to measure the effectiveness of the tax credit pursuant to this section. The department of business, economic development, and tourism may request any additional information that the department of business, economic development, and tourism deems necessary to measure the effectiveness of the tax credit, including additional information related to patents.
8080
8181 [(e)] (f) The department of business, economic development, and tourism shall:
8282
8383 (1) Maintain records of the names and addresses of the taxpayers claiming the credits under this section and the total amount of the qualified research and development activity costs upon which the tax credit is based;
8484
8585 (2) Verify the nature of the qualifying research activity and the amount of the qualifying costs or expenditures;
8686
8787 (3) Total all qualifying and cumulative costs or expenditures that the department certifies; and
8888
8989 (4) Certify the amount of the tax credit for each taxable year and cumulative amount of the tax credit.
9090
9191 Upon each determination made under this subsection, the department of business, economic development, and tourism shall issue a certificate to the taxpayer verifying information submitted to the department of business, economic development, and tourism, including the qualifying costs or expenditure amounts, the credit amount certified for each taxable year, and the cumulative amount of the tax credit during the credit period. The taxpayer shall file the certificate with the taxpayer's tax return with the department of taxation. Notwithstanding the authority of the department of business, economic development, and tourism under this section, the director of taxation may audit and adjust the tax credit amount to conform to the facts.
9292
9393 The department of business, economic development, and tourism may assess and collect a fee to offset the costs of certifying tax credit claims under this section.
9494
9595 [(f)] (g) If in any [taxable] calendar year the annual amount of certified credits reaches [$5,000,000] $15,000,000 in the aggregate, the department of business, economic development, and tourism shall immediately discontinue certifying credits and notify the department of taxation. In no instance shall the department of business, economic development, and tourism certify a total amount of credits exceeding [$5,000,000] $15,000,000 per [taxable] calendar year. To comply with this restriction, the department of business, economic development, and tourism shall certify credits on a first come, first served basis[.], which shall be determined based on the date that a complete application is received by the department of business, economic development, and tourism. Complete applications received on the same date shall be certified on a pro rata basis.
9696
9797 The department of taxation shall not allow the aggregate amount of credits claimed to exceed that amount per taxable year.
9898
9999 [(g)] (h) If the tax credit for qualified research activities claimed by a taxpayer exceeds the amount of income tax payment due from the taxpayer, the excess of the tax credit over payments due shall be refunded to the taxpayer; provided that no refund on account of the tax credit allowed by this section shall be made for amounts less than $1.
100100
101101 [(h)] (i) All 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 properly claim the credit shall constitute a waiver of the right to claim the credit.
102102
103103 [(i) A qualified high technology business that claims the credit under this section shall complete and file with the department of business, economic development, and tourism, through that department's website, an annual survey on electronic forms prepared and prescribed by the department of business, economic development, and tourism. The annual survey shall be filed before June 30 of each calendar year following the calendar year in which the credit may be claimed under this section. The department of business, economic development, and tourism may adjust the due date of the annual survey by rules adopted pursuant to chapter 91.
104104
105105 (j) The annual survey under subsection (i) shall include the following information for the time period or periods specified by the department of business, economic development, and tourism:
106106
107107 (1) Identification of the industry sector or sectors in which the qualified high technology business conducts business, as set forth in paragraphs (2) to (8) of the definition of "qualified research" in section 235-7.3(c);
108108
109109 (2) Total expenditures and the qualified expenditures, if any, expended in the previous taxable year;
110110
111111 (3) Revenue and expense data, including a breakdown of any licensing royalty or other forms of income generated from intellectual property;
112112
113113 (4) Hawaii employment and wage data, including the numbers of full-time and part-time employees retained, new jobs, temporary positions, external services procured by the business, and payroll taxes;
114114
115115 (5) Filed intellectual property, including invention disclosures, provisional patents, and patents issued or granted; and
116116
117117 (6) The number of new companies spun out or established to commercialize the intellectual property owned by the qualified high technology business.
118118
119119 The department of business, economic development, and tourism shall request information in each of these categories sufficient to measure the effectiveness of the tax credit under this section. The department of business, economic development, and tourism may request any additional information necessary to measure the effectiveness of the tax credit, such as information related to patents. In preparing the survey and requesting any additional information, the department of business, economic development, and tourism shall ensure that qualified high technology businesses are not subject to duplicative reporting requirements.
120120
121121 (k)] (j) The department of business, economic development, and tourism shall use information collected under this section and through its other reporting requirements to prepare summary descriptive statistics by category. The information shall be reported at the aggregate level to prevent compromising identities of qualified high technology business investors or other confidential information. The department of business, economic development, and tourism shall also identify each qualified high technology business that applies for or is the beneficiary of tax credits claimed under this section. The department of business, economic development, and tourism shall report the information required under this subsection to the legislature by September 1 of each year.
122122
123123 [(l)] (k) The department of business, economic development, and tourism, in collaboration with the department of taxation, shall use the information collected to study the effectiveness of the tax credit under this section. The department of business, economic development, and tourism shall submit a report to the legislature on the following:
124124
125125 (1) The amount of tax credits claimed and total taxes paid by qualified high technology businesses;
126126
127127 (2) The number of qualified high technology businesses in each industry sector;
128128
129129 (3) The numbers and types of jobs created by qualified high technology businesses;
130130
131131 (4) External services and materials procured by the businesses;
132132
133133 (5) The compensation levels of jobs provided by qualified high technology businesses;
134134
135135 (6) Qualified research activities; and
136136
137137 (7) Any other factors the department of business, economic development, and tourism deems relevant.
138138
139139 The department of business, economic development, and tourism shall submit the report to the legislature by September 1 of each year.
140140
141141 [(m)] (l) The director of taxation may adopt any rules under chapter 91 and forms necessary to carry out this section.
142142
143143 [(n)] (m) This section shall not apply to taxable years beginning after December 31, [2024.] 2029.
144144
145145 [(o)] (n) As used in this section:
146146
147147 "Qualified high technology business" shall have the same meaning as in section 235-7.3(c).
148148
149149 "Qualified research" shall have the same meaning as in section 41(d) of the Internal Revenue Code.
150150
151151 "Qualified research expenses" shall have the same meaning as in section 41(b) of the Internal Revenue Code; provided that it shall not include research expenses incurred outside of the State."
152152
153153 SECTION 2. Act 261, Session Laws of Hawaii 2019, is amended by amending section 5 to read as follows:
154154
155155 "SECTION 5. This Act shall take effect upon its approval; provided that:
156156
157157 (1) Section 2 shall apply to taxable years beginning after December 31, 2019; and
158158
159159 (2) Part II shall take effect on December 31, [2024.] 2029."
160160
161161 SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
162162
163163 SECTION 4. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2023.
164164
165165
166166
167167 INTRODUCED BY: _____________________________
168168
169169 INTRODUCED BY:
170170
171171 _____________________________
172172
173173
174174
175175
176176
177177 Report Title: DBEDT; Tax Credit for Research Activities; Requirements; Survey; Certification; Caps Description: Adds a cap for the amount of tax credits for research activities that an eligible taxpayer and the taxpayer's related entities may receive per taxable year. Consolidates the survey and certification requirements for tax credits for research activities. Amends the annual aggregate cap on tax credits for research activities that the Department of Business, Economic Development, and Tourism may certify. Requires certification of the tax credits for research activities on a first come, first served basis to be based on the date that a complete application is received, subject to certain conditions. Extends from 12/31/2024 to 12/31/2029, the sunset date for tax credits for research activities. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
178178
179179
180180
181181
182182
183183
184184
185185 Report Title:
186186
187187 DBEDT; Tax Credit for Research Activities; Requirements; Survey; Certification; Caps
188188
189189
190190
191191 Description:
192192
193193 Adds a cap for the amount of tax credits for research activities that an eligible taxpayer and the taxpayer's related entities may receive per taxable year. Consolidates the survey and certification requirements for tax credits for research activities. Amends the annual aggregate cap on tax credits for research activities that the Department of Business, Economic Development, and Tourism may certify. Requires certification of the tax credits for research activities on a first come, first served basis to be based on the date that a complete application is received, subject to certain conditions. Extends from 12/31/2024 to 12/31/2029, the sunset date for tax credits for research activities.
194194
195195
196196
197197
198198
199199
200200
201201 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.