Hawaii 2024 Regular Session

Hawaii Senate Bill SB2044

Introduced
1/17/24  
Introduced
1/17/24  
Report Pass
2/9/24  
Refer
1/17/24  
Report Pass
2/9/24  
Report Pass
3/1/24  
Refer
2/9/24  
Engrossed
3/5/24  
Report Pass
3/1/24  
Refer
3/7/24  
Engrossed
3/5/24  
Report Pass
3/15/24  
Refer
3/7/24  
Report Pass
3/15/24  

Caption

Relating To The Controlling Interest Transfer Tax.

Impact

If enacted, SB2044 will amend Chapter 247 of the Hawaii Revised Statutes, establishing that the transfer of controlling interests will be taxed similarly to direct transfers of property. The changes are aimed at maintaining fairness in the taxation of real estate transactions and ensuring that significant transfers of ownership, often utilized to evade taxes, are adequately taxed. However, the bill also intends to maintain certain exemptions to protect transactions that would otherwise place undue burdens on small-scale transfers.

Summary

Senate Bill 2044 seeks to amend Hawaii's existing conveyance tax law by addressing the transfer of controlling interests in entities that own real property within the state. By defining 'controlling interest' and establishing the framework for taxable transactions involving these interests, the bill aims to enhance the state's ability to collect tax revenue from real estate transactions involving significant stakes in property-holding entities. The bill’s focus is notably on preventing circumventions of conveyance taxes through complex ownership structures.

Sentiment

The sentiment surrounding the bill is generally positive among proponents who argue that it will assist in closing loopholes that currently allow for tax avoidance strategies in real estate. This sentiment is bolstered by the increasing need for state revenue that can be allocated toward essential services such as infrastructure improvements and housing initiatives. However, some stakeholders express concern that additional taxation could deter investment in real estate, potentially impacting development projects across the state.

Contention

Notable points of contention include the potential economic impact on real estate developers and investors who may view this as an extra bureaucratic hurdle. Critics argue that it could disproportionately affect smaller entities and hinder the growth of local business by increasing the cost of property acquisitions. Furthermore, the bill's implementation details, such as the definition of 'acting in concert' and the rules for exemption, may lead to debates regarding the practicality of enforcement and compliance.

Companion Bills

No companion bills found.

Previously Filed As

HI HB05979

An Act Exempting Conveyances And Sales Or Transfers Of Controlling Interest To Public Housing Authorities From The Real Estate Conveyance Tax And The Controlling Interest Transfer Tax.

HI AB362

Provides for taxes on the sale or transfer of a controlling interest in an entity which possesses an interest in real property. (BDR 32-687)

HI HB1628

Relating To Taxation.

HI A106

Eliminates supplemental realty transfer fee and one percent fee on transfers of certain commercial real estate and tax on sale of controlling interests in certain commercial real property.

HI A200

Eliminates supplemental realty transfer fee and one percent fee on transfers of certain commercial real estate and tax on sale of controlling interests in certain commercial real property.

HI HB4265

Relating to the definition of controlling interest for purposes of the franchise tax.

HI SB362

Relating To The Conveyance Tax.

HI SB1218

Relating To The Conveyance Tax.

HI HB1211

Relating To Conveyance Tax.

HI HB1211

Relating To Conveyance Tax.

Similar Bills

HI HB1628

Relating To Taxation.

HI HB1208

Relating To The Conveyance Tax.

HI SB469

Relating To The Conveyance Tax.

HI HB2629

Relating To The Conveyance Tax.

HI HB377

Relating To The Conveyance Tax.

HI SB1218

Relating To The Conveyance Tax.

HI SB362

Relating To The Conveyance Tax.

HI SB362

Relating To The Conveyance Tax.