Enlarge image | STATE OF HAWAII—DEPARTMENT OF TAXATION 2023(REV. 2023) INSTRUCTIONS FOR FORM N-35 HAWAII INCOME TAX RETURN FOR AN S CORPORATION (Section references are to the Internal Revenue Code (IRC) unless otherwise specified.) (NOTE: References to “married” and “unmarried” are also references to “in a civil union” and “not in a civil union,” respectively.) ATTENTION: • A valid S corporation election for federal pur- Who Must File Form N-35 poses is automatically effective for Hawaii in- A corporation must file Form N-35 if it has Hawaii has not adopted the increased ex- come purposes without a separate election. elected, by filing federal Form 2553, to be treated pensing deduction under section 179 (Hawaii An S corporation having income attributable as an S corporation for federal purposes, the IRS limit is $25,000) or the “bonus” depreciation • to sources both within the State of Hawaii and has accepted the election, and the election re- provisions. outside the State must attribute that income mains in effect. S corporations which are finan- Hawaii has not adopted the domestic ac- according to source for shareholder reporting. cial corporations subject to tax under chapter tivities production deduction under section S corporations having nonresident sharehold- 241, Hawaii Revised Statutes (HRS), may not file 199. • ers are required to obtain from each nonresi- Form N-35, but must file Form F-1, Franchise Tax dent shareholder, and file with the Depart- Return. An S corporation cannot be included as Where To Get Tax Forms ment of Taxation (Department), an agreement part of a unitary group with C corporations. The S Hawaii tax forms, instructions, and schedules (Schedule NS) that the shareholder will file a corporation must file a separate Form N-35. may be obtained at any taxation district office or Hawaii return and make timely payment of from the Department of Taxation’s website at tax. all taxes imposed with respect to the share- Termination of Election hawaii.gov, or you may contact a customer ser- holder’s share of the S corporation’s Hawaii An S corporation’s status as such shall re- vice representative at: 808-587-4242 or 1-800- income. Also, the shareholder will be subject main in effect for Hawaii income tax purposes as 222-3229 (Toll-Free). to personal jurisdiction in the State for pur- long as the corporation’s federal election remains poses of the collection of unpaid income tax, effective. If the corporation’s federal election is Changes You Should Note penalties, and interest. If the corporation fails terminated, the corporation’s S status for Hawaii Act 50, Session Laws of Hawaii (SLH) 2023 to timely file these agreements on behalf of its purposes is also terminated. – The Pass-Through Entity (PTE) Tax Credit nonresident shareholders, the corporation is allows partnerships and S corporations to an- required to pay to the State, on behalf of each Six-Month Automatic Extension of nually elect to pay Hawaii income taxes at the shareholder for whom an agreement has not Time to File Corporate Return entity level. Eligible members of an electing been timely filed, an amount equal to the high- Section 18-235-98, Hawaii Administrative PTE may claim a nonrefundable income tax est marginal tax rate on individuals (presently Rules, allows an automatic six-month extension credit for their pro rata share of PTE taxes 11%) multiplied by the shareholder’s pro rata of time to file a return without filing an application paid by the entity. Effective January 1, 2024 share of the income attributable to the State. for extension. This does not include an extension for taxable years beginning after December Any payments made will be considered to be of time to pay. Use Form N-201V, Business In- 31, 2022. a payment by the shareholder on account of come Tax Payment Voucher, to make a payment Act 56, SLH 2023 – This act amends Hawaii the income tax imposed on the shareholder (if applicable). File Form N-201V by the regular income tax law under chapter 235, Hawaii for the taxable period. These agreements are due date of the S corporation return. Form N- Revised Statutes (HRS), to conform to cer- to be filed with the S corporation’s annual tax 201V can be filed and payment made electroni- tain provisions of the IRC, as amended as of return. cally through the State’s Internet portal at hitax. December 31, 2022. S corporations having nonresident share- hawaii.gov. • Act 217, SLH 2022 – This act amends the holders may file composite returns and make Federal Form 7004, Application for Automatic motion picture, digital media, and film composite payments on behalf of some or all Extension of Time To File Certain Business In- production income tax credit for taxable of their nonresident shareholders. come Tax, Information, and Other Returns, may years beginning after December 31, 2022 S corporations may make a yearly irrevocable not be used in lieu of Form N-201V. Such auto- by (1) changing the repeal date from Janu- • matic extension does not extend the time for pay- election to pay taxes at the PTE level and the ary 1, 2026 to January 1, 2033; (2) increas- election shall be binding on all shareholders ment of the tax. The corporation’s automatic ex- ing the credit amount from 20% of qualified who are qualified members of an electing tension does not affect the due date for the filing production costs to 22% in a county with a PTE and whose distributive shares are sub- of the shareholders’ returns. The shareholders population of over 700,000, and from 25% of ject to PTE taxation for the taxable year. must apply for their own extensions, if needed. If qualified production costs to 27% in a county a composite return is to be filed on behalf of non- with a population of 700,000 or less; (3) in- Purpose of Form resident shareholders, an extension must be ob- creasing the credit ceiling from $15,000,000 Form N-35 is used to report the income, de- tained for this return if the return cannot be filed per qualified production to $17,000,000 per ductions, gains, losses, etc., of an S corporation by the due date of the composite return. qualified production; (4) reducing the amount doing business in Hawaii. Do not file Form N-35 Period to be Covered by 2023 Return of qualified productions costs from $200,000 until the corporation has been notified by the In- to $100,000; (5) removing the requirement ternal Revenue Service (IRS) that the corpora- File the 2023 return for calendar year 2023 for productions to submit a verification review tion’s election to be treated as an S corporation and fiscal years beginning in 2023 and ending in by a qualified certified public accountant; (6) has been accepted. If the corporation’s election 2024. If the return is for a fiscal year, fill in the tax requiring the report by the Department of is not in effect for the tax year, use Form N-30, year spaces on the form. Business Economic Development and Tour- do not use Form N-35. Unless requested by the Note: Form N-35 for 2023 may also be used ism (DBEDT) to include the dollar amount Department, it is not necessary to submit a copy if: (1) the corporation has a tax year of less than claimed, name of the company, and name of of the corporation’s accepted federal Form 2553, 12 months that begins and ends in 2023 and (2) the qualified production of the taxpayer; (7) Election by a Small Business Corporation. the 2024 Form N-35 is not available by the time changing the time frame for DBEDT to issue the corporation is required to file its return. How- a letter to the taxpayer claiming the tax credit; Filing Requirements ever, the corporation must show its 2024 tax year and (8) requiring taxpayers to submit a fee to If your corporation is an electing PTE, Form on the 2023 Form N-35 and incorporate any tax DBEDT. N-35 along with all schedules, statements, and law changes that are effective for tax years be- other documents MUST be filed electronically ginning after December 31, 2023. General Instructions for taxable years beginning after December 31, Caution: The attachment of a copy of a fed- 2022, unless you obtain a waiver. Use Form Final Return eral S Corporation return, Form 1120S, is not ac- L-110, Electronic Filing or Payment Exemption If the corporation ceases to exist, check box ceptable as a substitute for fully completing the Application, to apply for a waiver. Failure to file (2) “Final Return” near the top of the form. Also Hawaii S Corporation return, Form N-35. electronically and/or submit an electronic funds check box B(1) on each Schedule K-1 to indicate transfer may result in cancellation of the election that it is a final Schedule K-1. for PTE taxation. FORM N-35 |
Enlarge image | Amended Return IRS Adjustment refund or credit is allowed, taxes paid on or be- To correct an error in a Form N-35 already If the corporation is filing an amended return fore the due date of the return (e.g. taxes with- filed, file an amended Form N-35, using the due to an IRS adjustment, check box (5) “IRS Ad- held from an employee’s pay, or estimated tax form for the year being amended, and check justment” near the top of the form and check the payments) are considered paid on the due date the “AMENDED Return” box at the top of the “AMENDED Return” box at the top of the form. of the return, without considering an extension of form. Schedule AMD, Explanation of Changes Also complete and attach Schedule AMD, Expla- time to file the return. on Amended Return, must be attached to the nation of Changes on Amended Return, to the Hawaii has adopted the IRC provision to al- amended Form N-35. Also, attach all schedules, amended Form N-35 and all schedules, forms, low documents and payments delivered by a forms, and attachments required to file a com- and attachments required to file a complete re- designated private delivery service to qualify for plete return. If the amended return results in a turn. An amended Schedule K-1 (Form N-35) the “timely mailing treated as timely filing/paying change to income, or a change in the distribution must also be filed with the amended Form N-35 rule.” The Department will conform to the IRS of any income or other information provided to and given to each shareholder. Check box B(2), listing of designated private delivery service and shareholders, an amended Schedule K-1 (Form to indicate that it is an amended Schedule K-1. type of delivery services qualifying under this N-35) must also be filed with the amended Form provision. Timely filing of mail which does not N-35 and given to each shareholder. Check box Electing PTE bear the U.S. Post Office cancellation mark or B(2), to indicate that it is an amended Schedule If the corporation elects to be taxed at the the date recorded or marked by the designated K-1. PTE level for the taxable year, check box (6) delivery service will be determined by reference An electing PTE cannot file an amended re- “Electing PTE” near the top of the form. Schedule to other competent evidence. The private deliv- turn to revoke their PTE election. All PTE elec- PTE(s) must be attached to Form N-35. ery service can tell you how to get written proof tions are irrevocable. An electing PTE who would of the mailing date. like to request a refund for an overpayment of Upper-Tier PTE the PTE tax paid must file their request for refund If the corporation is an upper-tier PTE (i.e., a Accounting Methods on or before the due date prescribed, including PTE that is a member of another PTE) that re- Figure ordinary income using the method of an extended due date if an extension has been ceived a PTE tax credit as a member of a lower- accounting regularly used in keeping the cor- granted. tier PTE (i.e., a PTE that has at least one mem- poration’s books and records. In all cases, the ber that is a PTE) that is either an electing PTE method adopted must clearly reflect income. Change in Federal Taxable Income or an upper-tier PTE, check box (7) “Upper-Tier (See section 446.) In general, a change to your federal return, PTE” near the top of the form. Schedule PTE- Unless the law specifically states otherwise, a whether it is made by you, or by the IRS, must be U(s) must be attached to Form N-35. corporation may change the method of account- reported to the State of Hawaii. ing used to report income in earlier years (for in- 1) Section 235-101(b), HRS, requires a report (an Protective Claim come as a whole or for any material item) by first amended return) to the Director of Taxation if A protective refund claim is a claim filed to filing an approved copy of federal Form 3115, the amount of IRC taxable income is changed, protect a taxpayer’s right to a potential refund Application for Change in Accounting Method, corrected, adjusted or recomputed as stated based on a contingent event for a taxable pe- with the Department. If the change qualifies for in (3). riod for which the statute of limitations is about an automatic change request on federal Form to expire. A protective claim is usually based 3115, attach a copy of the Form 3115 filed with 2) This report must be made: on contingencies such as pending litigation or the IRS to the first Hawaii return affected by the a) Within 90 days after a change, correction, an ongoing federal income tax audit or an audit change. adjustment or recomputation is finally de- in another state. For more information see Tax termined. Facts 2021-2. Rounding Off to Whole Dollars b) Within 90 days after a federal amended The Department is requiring taxpayers to return is filed. Designation of Tax Matters Person round off cents to the nearest whole dollar for all (TMP) dollar entries on the tax return and schedules. c) At the time of filing the next income tax An S corporation may designate a share- To do so, drop amounts under 50 cents and in- return, if earlier than set forth in a) or b). holder as the TMP for the tax year for which the crease amounts from 50 to 99 cents to the next 3) A report within the time set out in (2) is required return is filed by completing the Designation of dollar. For example: $1.39 becomes $1 and if: Tax Matters Person section at the bottom of page $2.69 becomes $3. If you have to add two or a) The amount of taxable income as returned 4 of the return. more amounts to figure the amount to enter on to the United States is changed, correct- a line, schedule, or worksheet, you may choose ed, or adjusted by an officer of the United When to File and Where to File to use one of two methods. Once a method of States or other competent authority. Returns must be filed on or before the 20th rounding is established, you must use the same day of the fourth month following the close of method throughout the return. The first method b) A change in taxable income results from a the taxable year. If this date falls on a Saturday, is to include the cents when adding and round renegotiation of a contract with the United Sunday, or holiday, the due date for the return is off only the total. The other method is to round States or a subcontract thereunder. extended to the next business day. off each entry. For example: You received two c) A recomputation of the income tax im- If you are enclosing a check or money order 1099-INT forms, one showing interest of $50.55 posed by the United States under the with your tax return, mail your return with pay- and one showing interest of $185.73. For round- Internal Revenue Code results from any ment to: ing method 1, show your total interest as $236 cause. ($50.55 + $185.73 = $236.28 rounded to $236). Hawaii Department of Taxation d) An amended income tax return is made to P.O. Box 1530 For rounding method 2, show your total inter- the United States. Honolulu, HI 96806-1530 est as $237 ($50.55 rounded to $51 + $185.73 rounded to $186 = $51 + $186 = $237). 4) The report referred to above shall be in the If you are not enclosing a payment with form of an amended Hawaii income tax return. your tax return, mail your return to: Change in Accounting Period 5) The statutory period for the assessment of any Hawaii Department of Taxation To change an accounting period, see IRC deficiency or the determination of any refund P.O. Box 3559 Regulations section 1.442-1 and federal Form attributable to the report shall not expire Honolulu, Hawaii 96811-3559 1128, Application to Adopt, Change, or Retain a before the expiration of one year from the date Tax Year. the Department is notified by the taxpayer or Note: Under Hawaii Income Tax Law, certain the IRS, whichever is earlier, of such a report tax credits must be claimed within 12 months Paying the Tax in writing. Before the expiration of this one- from the close of the tax year. The corporation must pay the tax due (line year period, the Department and the taxpayer If you are filing your return after the prescribed 27, page 2) in full on or before the 20th day of may agree in writing to the extension of this due date, the refund shown may be limited or dis- the fourth month after the end of the tax year. period. The period so agreed upon may be allowed due to the statute of limitations. In gen- Amounts due on any Form N-4(s) (line 22c, page further extended by subsequent agreements eral, a claim for refund or credit for overpaid in- 2) and Schedule PTE(s) (line 22f, page 2) at- in writing made before the expiration of the come taxes must be filed within three years after tached to the S corporation’s return are also due period previously agreed upon. the return is filed for the taxable year, within three at this time. As a reminder, extensions allowed for years of the due date for filing the return, or within filing a return do NOT extend the time for paying two years from when the tax is paid, whichever the tax due on the return. If the corporation can- is later. For purposes of determining whether a not pay the full amount that is owed, you can ask Page 2 |
Enlarge image | to enter into a payment agreement once you re- carried forward as long as the entity continues parer by checking the “Yes” box above the paid ceive a billing notice for the balance due. Please to elect to be taxed as a PTE every taxable year preparer’s signature. Checking “Yes” will allow be aware that penalty and interest continue to ac- until exhausted. the Department to contact the paid preparer to crue on the unpaid tax amount even though you The corporation’s net operating loss is al- answer any questions that may arise during the have not yet received a billing notice. Payments lowed as a deduction from the shareholder’s processing of the corporation’s return. This des- will be accepted and applied to the corporation’s gross income (section 1366), unless the corpo- ignation does not allow your third party designee tax liability; however, to ensure that the corpora- ration is an electing PTE. If the corporation is to call the Department for information about the tion’s payments are applied correctly, your check an electing PTE, the net operating loss is not processing of the return or for other issues re- or money order must have: (1) the corporation’s allowed as a deduction from the shareholder’s lating to the return. This does not replace Form name as shown on the return clearly printed on gross income. N-848, Power of Attorney. the check, (2) the corporation’s federal employer identification number (FEIN), and (3) the tax year Attachments Transfers to Corporation Controlled and form number being filed (e.g., 2023 N-35). If Attach schedules in alphabetical order and by Transferor a payment is being made with this return, attach other forms in numerical order. If a person acquires stock or securities of your check or money order where indicated on If the corporation is filing any Forms N-4, a corporation in exchange for property, and no the front of Form N-35. Form N-201V is no lon- Statement of Withholding For a Nonresident gain or loss is recognized under section 351, ger required when making a payment with your Shareholder of an S Corporation, attach these the transferor and transferee must attach the return. forms to the front of Form N-35 in the left margin information required by IRC Regulations section Estimated Tax as indicated on Form N-35. 1.351-3. If an S corporation expects to have a tax li- If the corporation owes any tax, attach the Information Returns That May be ability of $500 or more on its tax return or is an check or money order to the front of Form N-35 Required electing PTE for the taxable year, submit Form N- where indicated on top of any Form N-4s being Form N-196, Annual Summary and Transmit- 201V with payment to the Department. Estimated submitted. tal of Hawaii Information Returns. payments are paid in four installments. These in- Attach any Schedule NS(s) at the back of the Federal Form 966, Corporate Dissolution or stallments are due on or before the 20th day of return. Liquidation. the fourth, sixth, and ninth months of the tax year If the corporation is an electing PTE, at- Federal Forms 1099-DIV, INT, K, MISC, OID, and on or before the 20th day of the first month tach the election Form N-362E with all required PATR and R. You may have to file these informa- following the taxable year. See the instructions signature(s) and Schedule PTE at the back of the tion returns to report certain dividends, interest for line 23b and Form N-201V for more informa- return. payments, payment card and third party network tion. Form N-201V can be filed and payment If the corporation is an upper-tier PTE, attach transactions, medical and health care payments, made electronically through the State’s Internet Schedule PTE-U at the very back of the return miscellaneous income, original issue discount, portal at hitax.hawaii.gov. behind all other Schedules. patronage dividends, and total distributions from Electronic Funds Transfer (EFT) If you need more space on the forms or profit-sharing plans, retirement plans, and indi- Section 231-9.9, HRS, authorizes the De- schedules, attach separate sheets and show the vidual retirement arrangements. partment to require those taxpayers whose tax same information in the same order as on the Use federal Form 1099-DIV to report actual liability exceeds $100,000 during the past year printed forms as instructed, but show your totals dividends paid by the corporation. Only distri- to pay the tax by EFT instead of by check. The on the printed forms. Please use sheets that are butions from accumulated earnings and profits Department reviews the filing records of taxpay- the same size as the forms and schedules. At- are classified as dividends. Do not issue federal ers and will mail notices to taxpayers who met tach these separate sheets after all the sched- Form 1099-DIV for dividends received by the this criterion. Any taxpayer who does not meet ules and forms. Be sure to put the corporation’s corporation that are allocated to shareholders on this criterion may still voluntarily pay by EFT. If name and FEIN on each sheet. line 5 of Schedule K-1 (Form N-35). an EFT payment is dishonored, a $25 service fee Signature Specific Instructions will be assessed. For more information on paying taxes by EFT, see tax.hawaii.gov/eservices/ The return must be signed and dated by the Line by Line and Tax Information Release Nos. 95-6 and 99-1. president, vice president, treasurer, assistant treasurer, chief accounting officer, or any other Federal Employer I.D. No. & Hawaii Tax I.D. Failure for PTEs to submit by EFT shall result corporate officer (such as tax officer) authorized No.— Enter the Federal Employer I.D. No. & Ha- in cancellation of the election for PTE taxation. to sign. waii Tax I.D. No. in the space provided. Penalty and Interest A receiver, trustee, or assignee must sign and S Corporation’s Address — If the corpora- Late Filing of Return – The penalty for failure date any return he or she is required to file on tion’s address is outside the United States or its to file a return on time is assessed on the tax due behalf of a corporation. possessions or territories, enter the information on the line for “City or town, State and Postal/ at a rate of 5% per month, or part of a month, up If a corporate officer fills in Form N-35, the ZIP Code” in the following order: city, province or to a maximum of 25%. Paid Preparer’s space under “Signature of Offi- state, postal code, and the name of the country. Failure to Pay Tax After Filing Timely Return cer” should remain blank. If someone prepares Do not abbreviate the country name. – The penalty for failure to pay the tax after filing Form N-35 and does not charge the corporation, a timely return is 20% of the tax unpaid within 60 that person should not sign the return. Certain If your mailing address has changed, you days of the prescribed due date. others who prepare Form N-35 should not sign. must notify the Department of the change by For example, a regular, full-time employee of the completing Form ITPS-COA, Change of Address Failure to Timely Pay by EFT – The penalty corporation such as a clerk, secretary, etc., does Form, or log in to your Hawaii Tax Online account for failure to timely pay by EFT is 2% of the total not have to sign. at hitax.hawaii.gov. Failure to do so may pre- tax unless you obtain a waiver. Use Form L-110, vent your address from being updated, any re- Electronic Filing or Payment Exemption Applica- In general, anyone paid to prepare Form N-35 fund due to you from being delivered (the U.S. tion, to apply for a waiver. must sign the return and fill in the other blanks in Postal Service is not permitted to forward your the Paid Preparer’s Information area of the re- State refund check), and delay important notices Interest at the rate of 2/3 of 1% per month turn. The preparer may furnish his or her alter- or correspondence to you regarding your return. or part of a month shall be assessed on unpaid native identifying number for income tax return taxes and penalties beginning with the first cal- preparers (PTIN) instead of his or her social se- Enter the number of Schedules NS endar day after the date prescribed for payment, curity number. attached to this return whether or not that first calendar day falls on a Saturday, Sunday, or legal holiday. The preparer required to sign the return Enter, in this space provided, the number of MUST: Schedules NS, Hawaii S Corporation Agreement Net Operating Loss and Other • Complete the required preparer information. of Nonresident Shareholder, which are attached Deductions Sign in the space provided for the preparer’s to the return. See the instructions for Schedule An S corporation may not take the deduc- • NS later in these instructions for more informa- signature. tion. tion for net operating losses provided by section Give a copy of Form N-35 to the taxpayer in 172 and the special deductions in sections 241 • addition to the copy to be filed with the De- Passive Activity Limitations through 250 (except section 248), unless the cor- partment. See the instructions for federal Form 1120S poration is an electing PTE. If the corporation is an electing PTE, the net operating losses may be The corporation may authorize the Depart- for information regarding limitations for passive ment to discuss its tax return with its paid pre- activities. Page 3 |
Enlarge image | Income holding company of a qualified high technol- Line 9 - Repairs and Maintenance Caution: Report only trade or business ac- ogy business by an employee, officer or direc- Enter the cost of incidental repairs, such as tivity income or loss on lines 1a through 5. Do tor of the qualified high technology business, or labor and supplies, and maintenance that do not not report rental activity income or portfolio investor who qualified for the high technology add to the value of the property or appreciably income or loss on these lines. Rental activity business investment tax credit is excluded from prolong its life. New buildings, machinery, or per- income and expenses and portfolio income and income. If the corporation is a qualified high tech- manent improvements that increase the value of expenses are reported separately on Schedule nology business and has included royalties and the property are not deductible. They are charge- K. other income derived from patents, copyrights, able to capital accounts and may be depreciated and trade secrets the corporation owns in the in- or amortized. Refer to the instructions for federal Form come reported on line 1, these amounts should Do not include section 179 expense items. 1120S for further guidance. be included in the deductions shown on line 19. Report this amount on Schedule K, line 12, and Note: Do not include any income that is tax- If the amount reported on line 19 includes these each shareholder’s share on Schedule K-1, line exempt on lines 1 through 5 or any nondeductible royalties and other income from patents, copy- 12. expenses on lines 7 through 19. These income rights, and trade secrets, these amounts should and expense items are used, however, in figuring be identified by attaching a separate schedule or Line 10 - Bad Debts the accumulated adjustments account and the listing. Enter the total debts that became worthless other adjustments. in whole or in part during the year, but only to the A corporation that receives any exempt in- Line 2 - Cost of Goods Sold come other than interest, or holds any property or See the instructions for Schedule A. extent such debts relate to a trade or business activity. engages in an activity that produces exempt in- Line 5 - Other Income Line 11 - Rents come, must attach to its return an itemized state- Enter any other trade or business income Generally, if the gross income from an activity ment showing the amount of each type of exempt not listed above and explain its nature on an consists of amounts paid principally for the use income and the expenses allocated to each type. attached schedule. Examples of other income of real or personal tangible property held by the Line 1a - Gross Receipts are recoveries of bad debts deducted in earlier corporation, the activity is a rental activity. There Enter gross receipts or sales from all busi- years under the specific charge-off method, and are several exceptions to this general rule. Re- ness operations except those you report on lines refunds of taxes deducted in earlier years. Do not fer to the Instructions to federal Form 1120S for 4 and 5. For reporting advance payments, see include those items requiring separate computa- guidance. Treasury Regulations section 1.451-5. To report tions by shareholders that must be reported on income from long term contracts, see section Schedule K. (See the instructions for Schedules Line 12 - Taxes and Licenses 460. K and K-1). Do not offset current year’s taxes Enter taxes and licenses paid or incurred in Generally, the installment method cannot be with tax refunds. the trade or business activities of the corporation, used for dealer dispositions of property. See sec- If “other income” consists of only one item, if not reflected in cost of goods sold. Taxes in- tion 453(I) for details and exceptions. Enter on identify it by showing the account caption in pa- curred in the production or collection of income, line 1a the gross profit on collections from install- rentheses on line 5. A separate schedule need or for the management conservation, or mainte- ment sales for any of the following: not be attached to the return in this case. nance of property held for the production of in- a. Dealer dispositions of property before March Do not net any expense item (such as inter- come may be considered to be deductible only 1, 1986, est) with a similar income item. Report all trade or under section 212. These are not deductible on b. Dispositions of property used or produced in business expenses on lines 7 through 19. line 12; they are reported separately on Sched- ules K and K-1, line 14. the trade or business of farming, and Deductions Do not deduct taxes assessed against local c. Certain dispositions of timeshares and resi- benefits that increase the value of the property dential lots reported under the installment Limitations on Deductions method. Caution: Report only trade or business activ- assessed (such as for paving, etc.), federal in- Attach a schedule showing for the current ity related expenses on lines 7 through 19. Do come taxes, estate, inheritance, legacy, succes- year and 3 preceding years: not report rental activity expenses or expens- sion, and gift taxes, or taxes reported elsewhere, es related to portfolio income on these lines. such as in Schedule A. (a) Gross sales, Expenses related to rental activities and portfolio Line 13 - Interest (b) Cost of goods sold, income are reported directly on Schedule K. Include on line 13 only interest incurred in the (c) Gross profit, Refer to federal instructions for Form 1120S for trade or business activity(ies) of the corporation (d) Percentage of gross profit to gross sales, further guidance on limitations on deductions. that is not claimed elsewhere on the return. (e) Amount collected, and Line 7 - Compensation of Officers Do not include interest expense on debt used (f) Gross profit on amount collected. Enter on line 7 the total compensation of all to purchase rental property or debt used in rental Amounts received by a qualified high technol- officers except compensation reported else- activities for which income or loss is reported on ogy business as royalties and other income de- where on the return, such as amounts included lines 2 and 3 of Schedule K. rived from patents, copyrights, and trade secrets in cost of goods sold, elective contributions to Do not include interest expense which is owned by the qualified high technology busi- section 401(k) cash or deferred arrangement, clearly and directly allocable to gross income that ness and developed and arising out of a quali- or amounts contributed under a salary reduction is portfolio or investment income which is report- fied high technology business are excluded from SEP agreement. ed separately on line 15a of Schedule K. Hawaii income. Expenses related to this income Do not include interest on debt proceeds allo- are deductible. “Qualified high technology busi- Line 8 - Salaries and Wages cated to distributions made to shareholders dur- ness” means a business conducting more than Enter on line 8 the amount of total salaries ing the tax year. Instead, report such interest on 50% of its activities in qualified research. “Quali- and wages (other than salaries and wages de- line 14 of Schedules K and K-1. To determine the fied research” means (1) the same as in section ducted elsewhere on the return) paid or incurred amount to allocate to distributions to sharehold- 41(d) of the Internal Revenue Code, (2) the de- for the tax year. If the corporation is claiming the ers, see federal Notice 89-35, 1989-1, C.B. 675. velopment and design of computer software for credit for the employment of vocational rehabilita- Do not include interest expenses on debt re- ultimate commercial sale, lease, license or to be tion referrals, total wages paid must be reduced quired to be allocated to the production of desig- otherwise marketed, for economic consideration. by the amount of the credit taken. nated property. Interest that is allocable to certain With respect to the software’s development and If a shareholder or a member of the family of property produced by an S corporation for its own design, the business shall have substantial con- one or more shareholders of the corporation ren- use or for sale must be capitalized. In addition, trol and retain substantial rights to the resulting ders services or furnished capital to the corpo- the corporation must also capitalize any interest intellectual property; (3) biotechnology, (4) per- ration for which reasonable compensation is not on debt that is allocable to an asset used to pro- forming arts products, (5) sensor and optic tech- paid, the Department may make adjustments in duce the above property. A shareholder may have nologies, (6) ocean sciences, (7) astronomy, or the items taken into account by such individuals to capitalize interest that the shareholder incurs (8) nonfossil fuel energy-related technology. All and such shareholders as is necessary to reflect during the tax year with respect to the production income earned and proceeds derived from stock the value of such services or capital. See section expenditures of the S corporation. Similarly, inter- options or stock, including stock issued through 1366(e). est incurred by an S corporation may have to be the exercise of stock options or warrants, from capitalized by a shareholder with respect to the a qualified high technology business or from a shareholder’s own production expenditures. The Page 4 |
Enlarge image | information required by the shareholder to prop- line 14. Do not take the section 199 deduction for 1. The corporation used the LIFO inventory erly capitalize interest for this purpose must be U.S. production activities. method for its last tax year as a C corpora- provided by the corporation in an attachment for Include in line 19 the deduction taken for tion, or line 29, of Schedule K-1. See section 263A(f) and amortization. See instructions for federal Form 2. A C corporation transferred LIFO inventory to Treasury Regulations sections 1.263A-8 through 4562 for more information. the corporation in a nonrecognition transac- 1.263A-15 for more information. In most cases, you may not take a deduction tion in which those assets were transferred Federal temporary regulations section 1.163- for any part of any item allocable to a class of ex- basis property. 8T gives rules for allocating interest expense empt income. (See section 265 for exceptions). The additional tax due to LIFO recapture is among activities so that the passive activity Items directly attributable to wholly exempt in- figured for the corporation’s last tax year as a limitation, investment interest limitation, and the come must be allocated to that income. Items di- C corporation or for the tax year of the transfer, personal interest limitation can be properly fig- rectly attributable to any class of taxable income whichever applies. See the Instructions for Form ured. Generally, interest expense is allocated in must be allocated to that taxable income. N-30 to figure the tax. The tax is paid in four equal the same manner as debt is allocated. Debt is If an item is indirectly attributable both to tax- installments. The C corporation must pay the first allocated by tracing disbursements of the debt able income and to exempt income, allocate a installment by the due date (not including exten- proceeds to specific expenditures. These regula- reasonable proportion of the item to each, based sion) of Form N-30 of the corporation’s last tax tions give rules for tracing debt proceeds to ex- on all the facts in each case. year as a C corporation or for the tax year of the penditures. transfer, whichever applies. The S corporation Attach a statement showing (1) the amount of See federal temporary regulations section each class of exempt income and (2) the amount must pay each of the remaining installments by 1.163-8T for special rules on allocation of inter- of expense items allocated to each such class. the due date (not including extensions) of Form est expense, transitional rules, and other details. Show the amount allocated by apportionment N-35 for the three succeeding tax years. Enter on Generally, prepaid interest can only be de- separately. line 22d the amount of the LIFO tax installment. ducted over the period to which the prepayment The deductions for business meals and en- Line 22e - Interest due under the look-back applies. See section 461(g) for details. tertainment expenses are limited to 50%. Meal method for completed long-term contracts Line 14 - Depreciation expenses are deductible only if the expenses If the corporation used the look-back method Enter depreciation expense from federal are directly related or associated with the active under section 460(b)(2) for certain long-term Form 4562 claimed on assets used in a trade or conduct of a trade or business. In addition, the contracts, complete federal Form 8697, Inter- business activity that is not claimed elsewhere on amount that may be deducted for entertainment est Computation Under the Look-Back Method the return. tickets, skyboxes, or other private luxury boxes for Completed Long-Term Contracts. If you will is limited. See federal Publication 463 for details. As noted on page 1 of these instructions, owe interest on an unpaid amount, calculate Hawaii has not adopted federal “bonus” depre- Line 21 - Ordinary Income (loss) the amount due using the rate of 2/3 of 1% per month, or part of a month, beginning the first cal- ciation provisions. If a depreciation deduction is This is nonseparately computed income or endar day after the date prescribed for payment claimed for Hawaii tax purposes, the corporation loss as defined in section 1366(a)(2). This in- whether or not that first calendar day falls on a must: (a) complete a federal Form 4562 for Ha- come or loss is entered on Schedule K, line 1. Saturday, Sunday, or legal holiday. Include the waii tax purposes using the federal depreciation Line 21 income is not used in figuring line 22a amount of interest due on line 22e. Attach Form guidelines in effect before the adoption of the “bo- or 22b tax. See instructions for line 22a for figur- 8697 with a check made payable to “Hawaii State nus” depreciation provisions and (b) attach the ing taxable income for purposes of line 22a or Tax Collector” to Form N-35. Write the corpora- completed federal Form 4562 to the Hawaii tax 22b tax. tion’s FEIN, daytime phone number, and “Form return. The corporation must also keep records of the differences in the asset’s depreciable basis Line 22a - Excess Net Passive Income 8697 interest” on the check. If you are due a re- fund, do not attach Form 8697 to your Form N-35. for federal and Hawaii tax purposes. Tax Instead, file federal Form 8697 separately with Do not include any expense deduction for re- If the corporation has always been a sub- the Department. Complete the signature section covery property (section 179) on this line. This chapter S corporation, the line 22a tax does not of federal Form 8697 following the instructions amount is not deductible by the corporation. In- apply. for the signature section of Form N-35. File fed- stead, it is passed through to the shareholders on S corporations that have accumulated earn- eral Form 8697 by the date you are required to Schedules K and K-1, line 12. ings and profits at the end of the taxable year, file your Form N-35 (including extensions). Line 15 - Depletion passive investment income totaling over 25% If the corporation claims a deduction for tim- of gross receipts, and have taxable income are Line 22f - Pass-Through Entity Tax ber depletion, complete and attach federal Form subject to a tax imposed at the rate of 6.4%. This If the corporation is not an electing PTE for T, Forest Activities Schedule. tax is applied against the smaller of the S cor- the taxable year, line 22f does not apply to the poration’s excess net passive income or taxable corporation Do not report depletion deductions for oil and income. See the worksheet for Excess Net Pas- Electing PTEs are liable for the income tax gas properties on this line. Each shareholder sive Income Tax in federal instructions for Form on the sum of all qualified members’ distributive figures depletion on these properties under sec- 1120S for the computation of these amounts. shares multiplied by the highest rate of tax ap- tion 613A(c)(13). See the instructions for federal Use Hawaii Form N-30 for the taxable income plicable to the individual under section 235-51, Form 1120S, Schedule K-1, box 17, code R, for computation. Attach a schedule to your Hawaii HRS, with no separate tax rate for capital gains. information on oil and gas depletion that must be S corporation return, following the format of the The PTE tax rate is 11% for the 2023 taxable supplied to the shareholders by the corporation. worksheet to show your tax computation. year. Attach Schedule PTE(s), showing all the Line 18 - Employee Benefit Programs For tax years beginning after May 25, 2007 , qualified members’ shares of qualified net in- Enter the amount of contributions to em- gains from sales or exchanges of stock or se- come and calculated PTE tax amount reported ployee benefit programs (such as insurance and curities will not be treated as an item of passive on line 22f. health and welfare programs) that are not an inci- investment income when figuring the excess net Line 23b dental part of a pension, profit-sharing, etc., plan passive income tax on Form N-35, line 22a. If the S corporation is a Hawaii corporation included in line 17. Line 22b with an expected corporate tax liability of $500 See instructions for federal Form 1120S for Refer to instructions for Schedule D (Form or more, the corporation must file a declaration more information. N-35). of estimated income tax and pay the estimated tax liability in four installments. See Form N-201V Line 19 - Other Deductions Line 22c for more information. If the S corporation is not a Enter any other allowable deductions related Enter the number of N-4’s attached to the Hawaii corporation and less than 15% of the cor- to any trade or business activity for which there corporation’s return. On line 22c, enter the total poration’s business for the taxable year is attrib- is no line on page 1 of the return. Do not include amount of taxes withheld as shown on the Forms uted to Hawaii, the filing of an estimate and the those items requiring separate computations N-4 attached. payment of estimated tax may be excused upon which must be reported on Schedules K and K-1. application to the Department. Form N-201V can Do not deduct losses incurred in transactions Line 22d - LIFO Recapture Tax be filed and payment made electronically through which were not connected with the corporation’s The corporation may be liable for the addi- the State’s Internet portal at hitax.hawaii.gov. trade or business. Report these losses separate- tional tax due to LIFO recapture under Regula- Estimated taxes which are paid by the cor- ly to the shareholders on Schedules K and K-1, tions section 1.1363-2 if: poration on behalf of its nonresident sharehold- ers in anticipation of the filing of a composite re- Page 5 |
Enlarge image | turn should be made on Form N-201V. See the Line 30 - BALANCE DUE (REFUND) with statement with Form N-35 and check the LIFO instructions for filing composite returns later in amended return box on line 9c. On line 9d, enter the amount or these instructions for more information. Form N- If no amount was entered on line 29, enter on percent (estimates may be used) of total closing 201V can be filed and payment made electroni- line 30 the amount, if any, from line 25 or line 27 inventories covered under section 472. cally through the State’s Internet portal at hitax. of the amended return. If there is an amount on If you have changed or extended your inven- hawaii.gov. line 29, and that amount is: tory method to LIFO and have had to “writeup” Any amount that was paid on an S corpora- a. A payment and there is an amount on line 25 your opening inventory to cost in the year of elec- tion’s Form N-201V for the tax year should be of the amended return, add these amounts tion, report the effect of this writeup as income indicated in the N-201V space on line 23b and and enter the total on line 30 with a minus (line 5, page 1) proportionately over a 3-year included in the line total. sign, “-”, before the amount. period that begins in the tax year you made this election. (section 472(d).) If the corporation is not a Hawaii corporation b. A payment and there is an amount on line and it sold any Hawaii real property and Hawaii 27, subtract the amount on line 29 from the If you are engaged in manufacturing or pro- State income taxes were withheld from the sales amount on line 27 and enter the difference on duction, you must use the full absorption method proceeds, the amount of tax so withheld, or the line 30. If the difference is a negative amount, of inventory costing. If you are not using it, you amount of tax remaining with the Department if show the negative amount on line 30 with a must change to this method. Under it, both direct the corporation filed a Form N-288C, Application minus sign, “-”. and certain indirect production costs are included for Tentative Refund of Withholding on Disposi- for inventory valuation purposes. Use federal tions by Nonresident Persons of Hawaii Real c. An overpayment and there is an amount on Form 3115 to change to full absorption. Property Interests, should be entered in the N- line 25, consider the amount on line 25 a 288A space on line 23b if the corporation is sub- negative amount and subtract the amount on See federal Publication 538 for more informa- ject to Hawaii tax on the sale of property. If the line 29 from the amount on line 25, and enter tion on inventory valuation methods. sale of Hawaii property is not taxed at the corpo- the difference on line 30. If the difference is a rate level, the amount of tax held by the Depart- negative amount, show the negative amount Schedule K and Schedule K-1 ment is to be passed through to the shareholders on line 30 with a minus sign, “-”. If there is an Shareholder’s Share of Income, on line 16n of Schedules K and K-1. overpayment on the amended return, do NOT enter this amount on line 26b. Credits, Deductions, etc. Line 24 - Underpayment of Estimated d. An overpayment and there is an amount on Purpose Tax Penalty line 27, subtract the amount on line 29 from A corporation that fails to make estimated tax the amount on line 27, and enter the result Schedule K is a summary schedule of all the payments when due may be subject to an under- on line 30. This is the amount the corporation shareholders’ share of the corporation’s income, payment penalty for the period of underpayment. owes on its amended return. deductions, credits, etc. and shows the amounts of these items that are attributable to Hawaii Use Form N-220, Underpayment of Estimated If the corporation has an amount due on its sources. Schedule K-1 shows each sharehold- Tax by Corporations, to see if the corporation amended return, make check or money order er’s distributive share. A copy of each sharehold- owes a penalty and to figure the amount of the payable to “Hawaii State Tax Collector” and at- er’s K-1 must be attached to the Form N-35 filed penalty. tach the check or money order to the front of with the Department. A copy is kept as a part of Line 27 - Tax Due Form N-35. the corporation’s records and each shareholder Enter on line 27 the sum of lines 22g and 24 receives his or her own separate copy with at- minus 23d. If this amount is zero or less, enter 0. Schedule A tached instructions. If this amount is more than zero, pay this amount Cost of Goods Sold General Instructions by certified or cashier’s check made payable to “Hawaii State Tax Collector” and attach the check Inventory valuation methods The corporation is liable for taxes on Form N-35, page 2, lines 22a, 22b, 22d, 22e, and 22f. to the front of Form N-35. Your inventories can be valued at: (a) cost, Resident shareholders are liable for income tax If the corporation cannot pay the full amount (b) cost or market value (whichever is lower), or on their share of the corporation’s total income that is owed, you can ask to enter a payment (c) any other method approved by the Director (reduced by any taxes paid by the corporation agreement after you receive a billing notice for of Taxation, if that method conforms to the provi- on that income) and must include their share of the balance due. Please be aware that penalty sions of the applicable regulations cited below. the income on their tax return whether or not it and interest continue to accrue on the unpaid tax Taxpayers using erroneous valuation meth- is distributed to them. Nonresident shareholders amount even though you have not yet received ods must change to a method permitted for Ha- are liable for Hawaii income tax on their share a billing notice. Payments will be accepted and waii income tax purposes. of the corporation’s income attributable to Hawaii applied to the corporation’s tax liability; however, On line 9a, check the method(s) used for (reduced by any taxes paid by the corporation to ensure that the corporation’s payments are ap- valuing inventories. Under “lower of cost or mar- on that income). Part-year resident shareholders plied correctly, your check or money order must ket,” market generally applies to normal market are liable for Hawaii income tax on their share have: (1) the corporation’s name as shown on conditions when there is a current bid price pre- of the corporation’s total income while a resident the return clearly printed on the check, (2) the vailing at the date the inventory is valued. When plus Hawaii income tax on their share of the cor- corporation’s FEIN, and (3) the tax year and form no regular open market exists or when quota- poration’s income attributable to Hawaii while a number being filed (e.g., 2023 N-35). tions are nominal because of inactive market nonresident (reduced by any taxes paid by the NOTE: Any payment made with Form N-4, conditions, use fair market prices from the most corporation on those income amounts). Statement of Withholding for a Nonresident reliable sales or purchase transactions that oc- The total distributive share items (columns Shareholder of an S corporation, must be includ- curred near the date the inventory is valued. For b and c) of all Schedule K-1s should equal the ed in the total taxes paid with Form N-35. For additional requirements, see Treasury Regula- amount reported on Schedule K. more information on Form N-4, see page 8. tions section 1.471-4. Line 28 - Amount of Payment Inventory may be valued below cost when Attributable to Hawaii Enter the amount of payment. Attach your the merchandise is unsalable at normal prices or Each S corporation must state specifically check or money order where indicated on the unusable in the normal way because the goods the income attributable to the State and income front of Form N-35. Make your check or money are “subnormal” (that is, because of damage, im- not attributable to the State with respect to each order payable to “Hawaii State Tax Collector.” perfections, show wear, etc.) within the meaning shareholder. of Treasury Regulations section 1.471-2(c). Such Ordinary income or (loss) from trade or busi- For Amended Returns goods may be valued at a current bona fide sell- ness activities shall be attributed to the State by Line 29 - Amount paid (overpaid) on ing price less direct cost of disposition (but not the use of the apportionment of business income less than scrap value) when the taxpayer can allocation provisions of the Uniform Division of original return establish such a price. See Treasury Regulations Income for Tax Purposes Act (UDITPA), section Enter on line 29 the amount paid on the cor- section 1.471-2(c) for additional requirements. 235-29, HRS. Business income, including rent, poration’s original return (from line 27 on the If this is the first year the “Last-in First-out” capital gains, and portfolio income that appears original return) or the amount overpaid (from line (LIFO) inventory method was either adopted on Schedule K, shall be apportioned to this State 25 on the original return). Place a minus sign, or extended to inventory goods not previously by multiplying the income by a fraction, the nu- “-”, before the amount of any overpayment. valued under the LIFO method, as provided in merator of which is the property factor plus the section 472, attach a copy of federal Form 970, payroll factor plus the sales factor, and the de- Application to Use LIFO Inventory Method, or a nominator of which is three. If the denominator of Page 6 |
Enlarge image | the property factor, payroll factor, or sales factor of the corporation. See Item A in the specific in- Enter the amount attributable to Hawaii and is zero, the denominator of the fraction in section structions below. the amount attributable elsewhere for each ap- 235-29, HRS, is reduced by the number of fac- A transferee shareholder (rather than the plicable item listed. tors with a zero denominator, and the numera- transferor) is considered to be the owner of stock Note: Actual dividends distributions paid out tor of that fraction shall not include any factor on the day it is transferred. of retained earnings (accumulated earnings and with a zero denominator. The property factor is Special rule—If a shareholder terminates his profits) of the S corporation are not reported on a fraction, the numerator of which is the average or her interest in a corporation during the tax Schedule K-1. However, these dividends are value of the corporation’s real and tangible per- year, the corporation, with the concurrence of reported to shareholders on federal Form 1099- sonal property owned or rented and used in this all affected shareholders, may elect to allocate DIV. These distributions do not increase or de- State during the tax period, and the denomina- income and expenses, etc., as if the corpora- crease a shareholder’s basis in stock. tor of which is the average value of all the cor- tion’s tax year consisted of two tax years, the first Also note: All income earned and proceeds poration’s real and tangible personal property which ends on the date of the shareholder’s ter- derived from stock options or stock, including owned or rented and used during the tax period. mination. To make the election, the corporation stock issued through the exercise of stock op- Property owned by the corporation is valued at must file a statement of election with the return tions or warrants, from a qualified high technolo- its original cost. The average value of property for the tax year of election and attach a statement gy business or from a holding company of a qual- shall be determined by averaging the values at of consent signed by all affected shareholders. If ified high technology business by an employee, the beginning and ending of the tax period. The the election is made, write “IRC section 1377(a) officer or director of the qualified high technology use of monthly values may be required if nec- (2) Election Made” at the top of each Schedule business, or investor who qualifies for the high essary to properly reflect the average value of K-1. See section 1377(a)(2) and Treasury Regu- technology business investment tax credit is ex- the corporation’s property. Property rented by lations section 1.1377-1 for details and a defini- cluded from income. the corporation is valued at eight times the net tion of affected shareholders. annual rental rate. Where property is rented for Line 16 less than a 12-month period, the rent paid for the Specific Instructions Any S corporation doing business in Ha- actual period of rental shall constitute the annual (Schedule K-1 only) waii may qualify for Hawaii’s Fuel Tax Credit for rental rate for the tax period. The payroll factor Prepare and give to each shareholder a Commercial Fishers, the Capital Goods Excise is a fraction, the numerator of which is the total Schedule K-1 on or before the day on which the Tax Credit, the Enterprise Zone Tax Credit, the amount paid in this State during the tax period corporation’s return is filed. On each Schedule Hawaii Tax Credit for Low-Income Housing, the by the corporation for compensation, and the K-1, enter the names, addresses, and identify- Credit for Employment of Vocational Rehabilita- denominator of which is the total compensation ing numbers of the shareholder and corporation, tion Referrals, the Motion Picture, Digital Me- paid everywhere during the tax period. The sales complete items A and B and enter the sharehold- dia and Film Production Income Tax Credit, the (gross receipts) factor is a fraction, the numera- er’s distributive share of each item. Credit for School Repair and Maintenance, the tor of which is the total sales of the corporation in Renewable Energy Technologies Income Tax this State during the tax period, and the denomi- Item A (Schedule K-1 only) Credit, the Important Agricultural Land Quali- nator of which is the total sales of the corporation If there was no change in shareholders or fied Agricultural Cost Tax Credit, the Tax Credit everywhere during the tax period. If this appor- in the relative interest in stock the shareholders for Research Activities, the Historic Preserva- tionment does not fairly represent the extent of owned during the tax year, enter the percentage tion Income Tax Credit, the Renewable Fuels the corporation’s business activity in this State, of total stock owned by each shareholder dur- Production Tax Credit for Years After 1/1/22, and the corporation may request the use of separate ing the tax year. For example, if shareholders X the Pass-Through Entity Tax Credit. The benefits accounting, the exclusion of one or more of the and Y each owned 50% for the entire tax year, of these credits may be passed through to the factors, the inclusion of one or more additional enter 50% in item A for each shareholder. Each shareholders of the corporation. factors, or the use of any other method to accu- shareholder’s distributive share items (lines 1-29 Report the shareholder’s pro rata share of rately reflect the corporation’s business activity in of Schedule K-1) are figured by multiplying the credits on Schedule K-1. Attach the appropriate the State. Complete Schedules O and P on page annual amount on Schedule K by the percent- credit form to the S corporation’s return. 4 of Form N-35 to show this computation. age in A. For the Fuel Tax Credit for Commercial Non-business items are attributed as follows: If there was a change in stock ownership Fishers, enter the credit amount on line 16a. Net rents and royalties from real property lo- during the tax year, each shareholder’s percent- Shareholders will use Form N-163 to claim their cated in Hawaii are attributed to Hawaii. Federal age of ownership is weighted for the number of credit. Form 8825 may be attached to Form N-35 as a days in the tax year that stock was owned. For For the Capital Goods Excise Tax Credit, schedule of expenses. example, A and B each held 50% for half the tax report the cost of qualifying property, not the Net rents and royalties from tangible personal year and A, B, and C held 40%, 40% and 20% credit amount, on line 16b of Schedules K and property are attributed to Hawaii if, and to the ex- respectively for the remaining half of the tax year. K-1. tent that, the property is utilized in Hawaii. The percentage of ownership for the year for A, Capital gains and losses from sale of real B, and C is figured as shown in the table below For the Enterprise Zone Tax Credit, the S property located in Hawaii are attributed to Ha- and is then entered in item A. corporation is to prepare a separate Form N- 756A for each shareholder. waii. a. b. c. (a x b) For the Hawaii Tax Credit for Low-Income Capital gains and losses from sales of tan- Housing, enter the credit amount on line 16d. gible personal property are attributable to Hawaii % of total % of tax % of ownership Shareholders will use Form N-586 to claim their if the property had a situs in Hawaii at the time stock owned year held for the year credit. of the sale. 50% 50% 25% For the Credit for Employment of Voca- A Interest and dividends are attributed to Ha- 40 50 +20 45% tional Rehabilitation Referrals, enter the credit waii if the corporation’s commercial domicile is 50 50 25 amount on line 16e. Shareholders will use Form in Hawaii. B 40 50 +20 45% N-884 to claim their credit. Patent and copyright royalties are attributed C 20 50 10% For the Motion Picture, Digital Media, and to Hawaii if, and to the extent that, the patent Total ............................................................... 100% Film Production Income Tax Credit, report the or copyright is utilized by the payer in Hawaii. shareholder’s share of the qualified production Amounts received by a qualified high technol- If there was a change in stock ownership dur- costs on line 16f of Schedules K and K-1. Share- ogy business as royalties and other income de- ing the tax year, each shareholder’s distributive holders will use Form N-340 to claim their credit. rived from patents, copyrights, and trade secrets share items (lines 1-29 of Schedule K-1) are fig- For the Credit for School Repair and Main- owned by the qualified high technology business ured on a daily basis, based on the percentage of tenance, report the credit amount on line 16g. and developed and arising out of a qualified high stock held by the shareholder on each day. See Shareholders will use Form N-330 to claim their technology business are excluded from Hawaii section 1377(a)(1) and (2) for details. credit. income. Expenses related to this income are de- ductible. Schedules K and K-1 For the Renewable Energy Technologies Income Tax Credit, report the credit amount on Shareholder’s Distributive Share Items Lines 1 through 15 line 16h. Shareholders will use Form N-342 to Items of income, loss, deductions, etc., are Refer to the instructions for federal Schedules claim their credit. allocated to a shareholder on a daily basis, ac- K and K-1 (Form 1120S). cording to the number of shares of stock held by the shareholder on each day during the tax year Page 7 |
Enlarge image | For the Important Agricultural Land Quali- 16o. Any payments so made will be considered 1. Fill in the oval indicating this is a composite fied Agricultural Cost Tax Credit, report the to be a payment by the shareholder on account return. credit amount on line 16i of Schedules K and K-1. of the income tax imposed on the shareholder 2. The first name on the composite return shall For the Tax Credit for Research Activities, for the taxable period. The corporation is entitled be “Shareholders,” the last name shall be the report the credit amount on line 16j of Schedules to recover a payment from the shareholder on corporation’s name. The corporation’s FEIN K and K-1. Shareholders will use Form N-346 to whose behalf the payment was made. These shall be used in place of the taxpayer’s social claim their credit. agreements are to be filed with the corporation’s security number. Enter the corporation’s FEIN For the Historic Preservation Income Tax return for the first period for which the corporation in social security number format (i.e., 123-45- Credit, report the credit amount on line 16k of is subject to this provision and for any period in 6789). Indicate the corporation’s mailing ad- Schedules K and K-1. Shareholders will use which the corporation had a nonresident share- dress as the taxpayer’s address. Form N-325 to claim their credit. holder on whose behalf such an agreement has 3. Do NOT indicate filing status or number of ex- not been previously filed. A shareholder may re- emptions. For the Renewable Fuels Production Tax voke, in writing, an agreement previously made. Credit for Years After 1/1/22, report the cred- The revocation will be effective for the year of 4. On line 17, Column A of Form N-15, enter the it amount on line 16l of Schedules K and K-1. the corporation’s return to which the statement total distributive share of the corporation’s Shareholders will use Form N-360 to claim their of revocation is attached and subsequent years, total income and on line 17, Column B, the credit. thereby subjecting the shareholder to the with- total of Hawaii income for the shareholders For the Pass-Through Entity Tax Credit, re- holding provisions. The revocation cannot be included in the composite return. port the credit amount on line 16m of Schedules made retroactive. 5. Enter these same amounts on line 35. K and K-1. Shareholders will use Form N-362 to 6. On line 37, enter zero for the ratio of Hawaii claim their credit. Form N-4, Statement of Withholding adjusted gross income to Total adjusted gross For more information on the various credits, for a Nonresident Shareholder of an S income. including the deadline to claim the credits, please Corporation 7. On lines 41 and 43, enter the total of the refer to the applicable credit form. Form N-4 is to be completed for each non- shareholders’ taxable incomes; on line 44, resident shareholder for whom a Schedule NS enter the total amount of tax on the taxable Line 16n has not been filed on a timely filed N-35 and for incomes entered on line 43, including the to- Enter the amount of Hawaii taxes held by the nonresident shareholders who have revoked a tal amount of other taxes from Forms N-152, Department from the sale of Hawaii real property previously filed Schedule NS. In box 1, fill in the N-312, N-325, N-338, N-344, N-348, N-405, that is not taxed at the corporate level. S corporation’s full name and mailing address. N-586, and N-814. The amount on line 44 Lines 17 through 22 Show the shareholder’s social security number should be the sum of the tax computed for or other tax identification number in box 2. En- each of the individual shareholders included Refer to the instructions for federal Schedule ter the amount of Hawaii tax that was withheld on the return. K (Form 1120S). for the nonresident shareholder in box 3 (11% of Amounts paid to shareholders who are resi- the amount shown in box 6). Show the S corpo- 8. Any Hawaii credits available to the included dents of Hawaii are to be entered in columns b ration’s FEIN in box 4. Enter the shareholder’s shareholders should be claimed on the re- and c. Amounts paid to shareholders who are not name and complete mailing address in box 5. turn. residents of Hawaii are to be entered in column In box 6, enter the shareholder’s share of the S 9. Any tax due on the return, line 65, is to be paid b. corporation’s income attributable to Hawaii, the by the corporation on behalf of the sharehold- sum of lines 1 through 10 of the shareholder’s ers. Schedules L, M-1, and M-2 Schedule K-1. Attach Copy A of Form N-4 to the 10. Overpayments (line 59), if any (if not applied S corporation’s Form N-35. Retain Copy B for the to estimated taxes for the subsequent year and Schedule M-3 corporation’s records. Copy C is for the share- (line 63)), will be refunded (line 64) to the cor- (Form N-35) holders’ records. Copy D is to be attached to the poration which will make the refund distribu- shareholder’s Form N-15. tion to the shareholders. Attach a copy of page 4 of federal Form 1120S to the corporation’s Hawaii return. The Composite Returns for Nonresident 11. The return is to be signed by the Tax Matters corporation must also maintain a State Accumu- Shareholders Person. lated Adjustments Account. S corporations may file composite returns on Attach to the return a schedule listing the If the corporation is required to file Schedule behalf of some or all of its nonresident sharehold- names, addresses, social security numbers, the M-3 on its federal return, attach a copy of that ers. In order to be included in a composite re- filing status, the distributive share of Hawaii in- schedule to the corporation’s Hawaii return. turn, the shareholder must be an individual, the come or (loss), the individual shareholder’s al- shareholder must have a signed Schedule NS in lowable itemized deductions, each shareholder’s Schedule NS effect, and the shareholder’s only Hawaii source Hawaii taxable income, the tax due computed on of income is from the S corporation. the taxable income of the individual sharehold- ers, credits if applicable, and the tax due or over- Hawaii S Corporation Agreement of The corporation must obtain a statement from payments for each of the shareholders included Nonresident Shareholders each nonresident shareholder electing to be in- in the return. S corporations having nonresident sharehold- cluded in the composite return stating that the ers are required to obtain from each nonresident shareholder elects to be included in the return, Filing status for each individual shareholder shareholder, and file with the Department, an that the income of the S corporation attribut- may be indicated on the schedule using the fol- agreement that the shareholder will file a Hawaii able to Hawaii is the shareholder’s only Hawaii lowing codes: S - single, MJ - married filing a return and make timely payment of all taxes im- income, and the shareholder is not otherwise joint return, MS - married filing separately, HH - posed with respect to the shareholder’s share required to file a Hawaii income tax return. The head of household, and QS - qualifying surviving of the S corporation’s Hawaii income. Also, the corporation must also get a power of attorney spouse with dependent child. shareholder will be subject to personal jurisdic- from the shareholder for the purpose of filing the The individual shareholder’s taxable income tion in the State for purposes of the collection return. These statements should be retained by is computed by subtracting allowable itemized of unpaid income tax, penalties, and interest. the corporation. deductions from the shareholder’s distributive Schedule NS is used for this purpose. If the Once a shareholder elects to be part of a share of the corporation’s income. Allowable corporation fails to timely file these agreements composite return, the shareholder cannot elect itemized deductions are those allowed for Hawaii on behalf of its nonresident shareholders, the out of the return for that year unless other Hawaii income tax purposes which are not determined corporation is required to pay to the State, on source income is received by the shareholder. If by using the ratio of Hawaii adjusted gross in- behalf of each shareholder for whom an agree- this occurs, the shareholder must notify the cor- come to total gross income. No standard deduc- ment has not been timely filed, an amount equal poration and the corporation must amend the tion or personal exemption is allowed. to the highest marginal tax rate on individuals, composite return to remove the shareholder from Nonresident shareholders who have made currently 11%, multiplied by the shareholder’s the return. The shareholder must then file his or Hawaii estimated tax payments during the 2023 pro rata share of the income attributable to the her own Hawaii nonresident return, Form N-15. tax year and are allowed to be included on the State (lines 1 through 10, column b, of the share- The composite return for nonresident share- composite return may have those payments holder’s Schedule K-1). Form N-4 is used for re- holders is to be filed on Form N-15, Individual credited to the composite return. The S corpora- porting this withholding by the corporation to the Income Tax Return Nonresident and Part-Year tion may claim these payments on Form N-15, Department. The nonresident shareholder is noti- Resident. line 55, by entering the total of the estimated tax fied of the amount withheld on Schedule K-1, line payments along with “see attached schedule” in Page 8 |
Enlarge image | the amount column of line 55 and attaching a Specific Instructions corporation may elect to treat a wholly-owned schedule of the estimated tax payments by stat- Schedule PTE only corporation as a QSub. ing each individual’s name, address, social se- If the corporation is an electing PTE for the A QSub is a corporation that: (1) is 100 per- curity number, and each type of estimated pay- taxable year, Schedule PTE must be attached to cent owned by a parent S corporation; (2) is eli- ment and amount of payment (e.g., N-200V, 1st Form N-35. Schedule PTE is a summary of all the gible to make an S corporation election; (3) the quarter - $200; N-200V, 2nd quarter - $300, etc.) qualifying members that an electing PTE uses to parent S corporation elects to treat as a QSub; made by the individual. calculate the total amount of elective tax on the and (4) is not an ineligible corporation as defined Note: Please do not attach Form N-15 to the electing PTE’s qualified net income. Schedule in section 1361(b)(2). For income tax purposes, S corporation income tax return, Form N-35. The PTE requires the electing PTE to identify their a QSub is treated like a division of the parent S S corporation’s nonresident shareholders filing qualified members by entering their names, iden- corporation and is not recognized as a separate Form N-15 are considered a taxpayer separate tification numbers, pro rata share or distributive entity. The assets, liabilities, income, deductions, and apart from the S corporation; thus, Form share of qualified net income amounts and to cal- and credits of a QSub are treated as those of the N-15 must be filed separately. culate the elective tax credit amounts. parent S corporation. If it is expected that there will be taxes due If you need more space on the Schedule PTE If a QSub election is made for an existing cor- on the composite return, estimated taxes may be to report more qualified members, attach addi- poration, the corporation is deemed to have liqui- paid for the composite return using Form N-200V. tional Schedule PTEs as needed and check the dated into the parent S corporation in a tax-free Form N-200V can be filed and payment made “Supplement to Part II Only” box at the top of the liquidation under sections 332 and 337 immedi- electronically through the State’s Internet portal form and continue with the remaining qualified ately before the election is effective. The QSub at hitax.hawaii.gov. members in Part II. election on federal Form 8869 is recognized as The total number of all qualified members, a Hawaii QSub election pursuant to section 235- Schedule PTE and Schedule their qualified net income, and their elective tax 122(a), HRS. The parent S corporation must at- PTE-U credit amounts (Part II, lines 1 through 3) of all tach a copy of the federal Form 8869 to the first Schedule PTEs should equal the amount report- Hawaii S corporation tax return filed following the Pass-Through Entity Tax ed in Part I, lines 1, 2, and 4. federal QSub election. Purpose Schedule PTE, Part II, lines 1 through 3, Hawaii Income Tax Return Filing should be the total of the amount of qualified Requirements for a QSub Schedule PTE is used to calculate the PTE members, income, and tax credit amount per The parent S corporation must file a single tax of an electing PTE at the PTE level and report form. Hawaii income tax return (Form N-35) using the their qualified members’ net income and PTE tax parent’s FEIN. The parent’s return should include credit amounts under section 235-___, HRS. Schedule PTE-U only the assets, liabilities, income, deductions, and Schedule PTE-U is used by upper-tier PTEs to Note: An upper-tier PTE’s “qualified mem- credits of the QSub. report their eligible shareholders’ distributive bers” are eligible shareholders of the upper-tier shares of a PTE tax credit amount received from PTE who qualify to claim the PTE tax credit. Hawaii Income Tax Return Filing an electing PTE or lower-tier PTE. If the corporation is an upper-tier PTE that Requirements for a QSST and an ESBT Definitions has received a PTE tax credit from an electing A QSST must file a fiduciary tax return (Ha- “Electing pass-through entity” means a Quali- PTE or a lower-tier PTE that the corporation is a waii Form N-40) to report the income taxable to fied PTE that elects PTE taxation for the taxable member of, Schedule PTE-U must be attached its beneficiary. The sole beneficiary of the QSST year. to Form N-35. Schedule PTE-U is a summary is treated as the S corporation shareholder for “Lower-Tier PTE” means a PTE that has at generated by upper-tier PTEs of the tax credit the S corporation qualification requirements, as least one member that is a PTE. amount(s) received and distributive shares of the well as for the pass-through of income, losses, tax credit amount allocated to its eligible share- credits, distributions, and adjustment to the basis “Qualified Member” means a direct member holders reported per electing PTE or lower-tier of the stock. The beneficiary must file an individu- of an Electing PTE whose distributive shares PTE separately. Schedule PTE-U requires the al Hawaii income tax return to report the income, are subject to PTE taxation for the taxable year. upper-tier PTE to identify their eligible sharehold- losses, and credits distributed by the QSST to the Qualified members do not include shareholders ers by entering their names, identification num- beneficiary. who are C corporations of an electing PTE. bers, and their distributive shares of the PTE tax An ESBT must file a Hawaii fiduciary tax “Qualified PTE” means a PTE that is eligible credit. return to pay the income tax on the income at- to elect PTE taxation for the taxable year. If you need more space on the Schedule tributable to the S corporation stock held by the “Upper-Tier PTE” means a PTE that is a PTE-U to report additional eligible shareholders, ESBT. The taxable income of the ESBT includes member of an electing PTE or lower-tier PTE. attach additional Schedule PTE-Us as needed the income, loss or deduction, and credits at- and check the “Supplement to Part II Only” box at tributable to the S corporation stock, gain or loss General Instructions the top of the form and continue with the remain- from the sale of S corporation stock and any Ha- S corporations who make a yearly irrevocable ing eligible shareholders in Part II. waii income taxes and administrative expenses election to pay taxes at the PTE level for the tax- Total PTE tax credit amount(s) received from properly allocable to the S corporation stock. The able year are liable for PTE tax on Form N-35, an electing PTE or lower-tier PTE that were al- income is taxed at the highest Hawaii income tax page 2, line 22f. The electing PTE must attach located to an upper-tier PTE’s eligible sharehold- rate for estates and trusts. The ESBT’s income Schedule PTE listing all qualified members and ers (Part II, line 2) of all Schedule PTE-Us should distributable to a beneficiary does not include the their distributive shares subject to PTE tax for the equal each reported electing PTE or lower-tier income attributable to the S corporation stock. A taxable year. PTE tax credit amount(s) in Part I, line 1. beneficiary must file a Hawaii income tax return S corporations that are upper-tier PTEs and Schedule PTE-U, Part II, lines 1 and 2, should to report the income, losses and credits distrib- received a PTE tax credit from an electing PTE be the total of the amount of qualified members uted by the ESBT to the beneficiary. or lower-tier PTE for the taxable year must attach and tax credit amount per form. Schedule PTE-U listing all their eligible share- holders and their distributive shares of the PTE The Application of Hawaii Income Taxes tax credit. to Qualified Subchapter S Subsidiary For more information, see Tax Information Corporations (QSub), Qualified Release No. 2023-03, “Temporary Administrative Subchapter S Trusts (QSST), and Rules Relating to Pass-Through Entity Taxation Electing Small Business Trusts (ESBT) as Enacted by Act 50, Session Laws of Hawaii Hawaii’s Income Tax Law adopts the provi- 2023.” sions of section 1361 under which a parent S Page 9 |
Enlarge image | STATE OF HAWAII — DEPARTMENT OF TAXATION RELATED FEDERAL/HAWAII S CORPORATION TAX FORMS Copy of Fed. Federal Use Form May Be Form Number Title or Description of Federal Form Hawaii Form Used* 1120-S U.S. Income Tax Return for an S Corporation N-35 No Schedule D Capital Gains and Losses and Built-In Gains Schedule D No Schedule K-1 Shareholder’s Share of Income, Deductions, Schedule K-1 No Credits, Etc. 970 Application to Use LIFO Inventory Method None Yes 1128 Application to Adopt, Change, or Retain a Tax Year None Yes 2220 Underpayment of Estimated Tax by Corporations N-220 No 2553 Election By a Small Business Corporation None No 3115 Application for Change in Accounting Method None Yes 4562 Depreciation and Amortization None Yes 4684 Casualties and Theft None Yes 6252 Installment Sale Income None Yes 8023 Elections Under Section 338 for Corporations Making None Yes Qualified Stock Purchases 8697 Interest Computation Under the Look-Back Method for None Yes Completed Long-Term Contracts 8824 Like-Kind Exchanges None Yes 8825 Rental Real Estate Income and Expenses None Yes of a Partnership or an S Corporation 8949 Sales and Other Dispositions of Capital Assets None Yes *If there is no Hawaii equivalent form, the federal form must be used. Page 10 |