Hawaii 2024 Regular Session

Hawaii Senate Bill SB3289

Introduced
1/24/24  
Refer
1/29/24  
Introduced
1/24/24  
Report Pass
2/16/24  
Refer
1/29/24  
Engrossed
2/20/24  
Report Pass
2/16/24  
Refer
3/7/24  
Engrossed
2/20/24  
Report Pass
4/5/24  
Refer
3/7/24  

Caption

Relating To Taxation.

Impact

The bill impacts the tax obligations of both residents and non-residents by clarifying what constitutes a taxable estate. By defining immediate family members and modifying the provisions relating to estate and generation-skipping transfer taxes, SB3289 seeks to simplify the tax landscape for families dealing with property transfers. Specifically, it aims to lessen the financial burden on families during estate transitions, potentially resulting in increased familial estate flows without heavy taxation.

Summary

Senate Bill 3289 addresses certain amendments to Hawaii's taxation laws concerning estate and generation-skipping transfer taxes. It proposes changes to the definitions of 'Hawaii taxable estate' and clarifies treatment concerning transfers to immediate family members. Specifically, it allows the marital deduction under the Internal Revenue Code to apply when passing interests in property to immediate family members, which is a significant change intended to ease tax burdens on family estates. This bill is part of a broader effort to adjust state tax regulations in line with federal standards, where estates involving immediate family transactions can benefit from certain deductions, thereby promoting family transfers.

Sentiment

The sentiment surrounding SB3289 appears to be largely supportive, particularly from groups advocating for family financial stability and simplified taxation processes. Proponents argue that the adjustments make it easier for families to manage inheritances and passed-down properties without excessive tax burdens, which can be particularly pertinent in Hawaii's high property value environment. However, some concerns may arise regarding potential revenue impacts on state taxation from decreased estate tax collections, prompting some cautious discussions around the bill's long-term fiscal implications.

Contention

Notably, the bill has raised discussions on balancing improved family tax situations against potential state revenue effects. Critics argue that while the intentions might be beneficial for families, there could be repercussions for the state's overall tax income. Concerns about the bill potentially favoring higher-income families who stand to benefit most from estate tax reductions may also surface, leading to calls for comprehensive evaluations on equitable tax policy.

Companion Bills

HI HB2652

Same As Relating To Taxation.

Similar Bills

CA SB302

Joint powers agencies: Orange County Fire Authority: funds.

CA SB847

Workers’ compensation: uninsured employer: transfer of real property.

CA AB1716

Estate disposition.

MA H2915

Establishing a real property transfer fee in the town of Chatham

CA SB890

Property taxation: change of ownership and base year value transfers.

CA AB2663

Property taxation: change in ownership: exclusion: local registered domestic partners.

CA AB576

State Board of Equalization: transfer of duties.

MA S2949

Authorizing the town of Nantucket to impose a real estate transfer fee for affordable and workforce housing and related capital improvements