PDF document
- 1 -

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



- 2 -

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



- 3 -

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



- 4 -

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



- 5 -

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



- 6 -

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



- 7 -

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



- 8 -

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



- 9 -

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



- 10 -

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






PDF file checksum: 837637604

(Plugin #1/10.13/13.0)