Enlarge image | STATE OF HAWAII—DEPARTMENT OF TAXATION 2023 Instructions for Form N-66 (Rev. 2023) Real Estate Mortgage Investment Conduit Income Tax Return (Section references are to the Internal Revenue Code unless otherwise noted.) the first tax year of its existence, a Form N-66 tension. This extension does not include an ex- General Instructions signed by an authorized person. Once the elec- tension of time to pay. File Form N-201V, Busi- Purpose of Form.—Form N-66 is used to re- tion is made, it stays in effect for all years until ness Income Tax Payment Voucher, to make a port the income, deductions, and gains and it is terminated. payment (if applicable). File Form N-201V by losses from the operation of a real estate mort- First Tax Year.—For the first year of a REMIC’s the regular due date of the return. gage investment conduit (REMIC). existence, the REMIC must furnish in a sepa- Federal Form 7004, Application for Automat- Website: rate statement attached to the REMIC’s initial ic Extension of Time to File Certain Business tax.hawaii.gov return the following: Income Tax, Information, and Other Returns, Where to Get Forms and Tax Information.— (1) information concerning the terms of the reg- may not be used in lieu of Form N-201V. Form Hawaii tax forms, instructions, and schedules ular interests and the designated residual N-201V may be filed and payment made elec- may be obtained at any taxation district office or interest of the REMIC, or a copy of the of- tronically through the State’s Internet portal. For from the Department of Taxation’s (Department) fering circular or prospectus containing such more information, go to hitax.hawaii.gov. website or you may contact a customer service information, and Period Covered.—File the 2023 return for: representative at: (2) a description of the prepayment and rein- 1. Calendar year 2023, Telephone: 808-587-4242 vestment assumptions made in accordance 2. Short tax years beginning and ending in Toll-Free: 1-800-222-3229 with section 1272(a)(6) and the regulations 2023, or For the hearing impaired: thereunder, including documentation sup- 808-587-1418 porting the selection of the prepayment as- 3. Short tax years beginning and ending in Toll-Free: 1-800-887-8974 sumption. 2024, if the 2024 Form N-66 is not available by the time the REMIC is required to file its Who Must File.—An entity that elects to be Termination of Election.—If any entity ceases return. However, the REMIC must show its treated as a REMIC for its first tax year (and to be a REMIC at any time during the tax year, 2024 tax year on the 2023 Form N-66 and for which the election is still in effect) and that the election to be a REMIC terminates for such incorporate any tax law changes that are ef- meets the requirements of section 860D(a) year and all succeeding years. An entity is con- fective for tax years beginning after Decem- must file Form N-66. sidered to cease being a REMIC when it no lon- ber 31, 2023. A REMIC is any entity— ger meets the requirements of section 860D(a). For the tax year the entity ceased to qualify as a Note: In the case of 2or 3 above, fill in (a) to which an election to be treated as a REMIC and for all future years, you must file the the tax year space at the top of the form. REMIC applies for the tax year and all tax form for similarly organized entities (corpo- Where to File.—File Form N-66 with the Hawaii prior tax years, rations, partnerships, trusts, etc.). Department of Taxation, P.O. Box 3559, Hono- (b) where all of the interests are regular When to File. —A REMIC must file Form N-66 lulu, Hawaii 96811-3559. interests or residual interests, by the 20th day of the fourth month following the Accounting Method.—A REMIC must compute (c) that has one (and only one) class of close of its tax year. its taxable income (or net loss) using the accrual residual interests (and all distributions, However, if 2023 is the entity’s final return, method of accounting. See section 860C(b). if any, with respect to such interests are Form N-66 is due by the 20th day of the fourth Under the accrual method, an amount is in- pro rata), month following the date the REMIC ceased to cludible in income when: (d) where as of the close of the 3rd month exist. beginning after the startup day and at all The official U.S. Post Office cancellation • All the events have occurred that fix the right to receive the income, which is the earliest of times thereafter, substantially all of the mark will be considered primary evidence of the the date: (a) the required performance takes assets consist of qualified mortgages date of filing of tax documents and payments. place, (b) payment is due, or (c) payment is and permitted investments, Hawaii has adopted the Internal Revenue received and (e) that has a tax year that is a calendar Code provision to allow documents and pay- The amount can be determined with reason- year, and ments delivered by a designated private delivery • able accuracy. (f) if the entity has a startup day after March service to qualify for the “timely mailing treated 31, 1988 (unless the entity is formed as timely filing/paying rule.” The Department will See Treasury Regulation section 1.451-1(a) under a binding written contract in effect conform to the Internal Revenue Service listing for details. on that date), with respect to which there of designated private delivery service and type Generally, an accrual basis taxpayer can are reasonable arrangements designed of delivery services qualifying under this provi- deduct accrued expenses in the tax year when: to ensure that: (i) residual interests are sion. Timely filing of mail which does not bear All events that determine the liability have not held by disqualified organizations (as the U.S. Post Office cancellation mark or the • occurred, defined in section 860E(e)(5)), and (ii) date recorded or marked by the designated de- information necessary for the application livery service will be determined by reference to • The amount of the liability can be figured of section 860E(e) will be made available other competent evidence. The private delivery with reasonable accuracy, and by the entity. service can tell you how to get written proof of • Economic performance takes place with re- See section 860G for definitions and special the mailing date. spect to the expense. rules. See section 860D(a) for qualification as a Six month automatic extension of time to There are exceptions to the economic per- REMIC during a qualified liquidation. file. Section 18-235-98, Hawaii Administrative formance rule for certain items, including re- Making the Election.—The election to be Rules, allows an automatic extension of time to curring expenses. See section 461(h) and the treated as a REMIC is made by timely filing, for file a return without filing an application for ex- |
Enlarge image | related regulations for the rules for determining ment or profit-sharing plans, individual retire- REMIC with a startup day before November when economic performance takes place. ment arrangements (IRAs), insurance con- 10, 1988.—A REMIC with a startup day before Rounding Off to Whole Dollars.—The Depart- tracts, etc. Also, use these returns to report November 10, 1988, may elect to apply the ment is requiring taxpayers to round off cents amounts that were received as a nominee on rules for REMICs with a startup day after No- to the nearest whole dollar for all dollar entries behalf of another person. vember 9, 1988. Otherwise, Form N-66 must be on the tax return and schedules. To do so, drop Note: A REMIC must file federal Forms signed by a residual interest holder or by a fidu- amounts under 50 cents and increase amounts 1099-INT and 1099-OID, as appropriate, ciary who is acting for the REMIC and who has from 50 to 99 cents to the next dollar. For ex- to report accrued income of $10 or more furnished adequate notice. ample: $1.39 becomes $1 and $2.69 becomes of regular interest holders (including cor- Note: For this purpose, the term “start- $3. If you have to add two or more amounts to porate regular interest holders). Also, ev- up day” means any day selected by a figure the amount to enter on a line, schedule, ery REMIC must file information returns REMIC that is on or before the first day or worksheet, you may choose to use one of two if, in the course of its trade or business on which interests in such REMIC are is- methods. Once a method of rounding is estab- during the calendar year, it makes pay- sued. Otherwise, “startup day” is defined lished, you must use the same method through- ments of rents, commissions, or other in the instructions for Item B below. out the return. The first method is to include the fixed or determinable income totaling Paid Preparer’s Information.—If someone cents when adding and round off only the total. $600 or more to any one person. prepares the return and does not charge the The other method is to round off each entry. For Assembling the Return.—If you need more REMIC, that person should not sign the REMIC example: You received two 1099-INT forms, one space on the forms or schedules, attach sepa- return. showing interest of $50.55 and one showing in- rate sheets. Use the same arrangement as the Generally, anyone who is paid to prepare the terest of $185.73. For rounding method 1, show printed forms, and show the totals on the REMIC return must sign the return and fill in the your total interest as $236 ($50.55 + $185.73 = printed forms. Be sure to put the REMIC’s other blanks in the Paid Preparer’s Use Only $236.28 rounded to $236). For rounding meth- name and federal employer identification num- area of the return. The preparer may furnish his od 2, show your total interest as $237 ($50.55 ber on each sheet. Also, each separate sheet or her alternative identifying number for income rounded to $51 + $185.73 rounded to $186 = should clearly indicate the line or section on the tax return preparers (PTIN) instead of his or her $51 + $186 = $237). printed form to which the information relates. social security number. Recordkeeping.—The REMIC records must Please complete every applicable entry The preparer required to sign the REMIC’s be kept as long as their contents may be mate- space on Form N-66. Do not attach statements return must complete the required preparer in- rial in the administration of any Hawaii Income and write “See Attached” in lieu of completing formation and: Tax Law. Copies of the filed tax returns should the entry space on this form. also be kept as part of the REMIC’s records. • Sign in the space provided for the preparer’s See federal Pub. 583, Starting a Business and Contributions to the REMIC.—Generally, no signature. Keeping Records, for more information. gain or loss is recognized by the REMIC or any of the regular or residual interest holders • Give the REMIC a copy of the return in ad- Final Return.—If the REMIC ceases to exist when property is transferred to the REMIC in dition to the copy to be filed with the Depart- during the year, check the box at Item D(1), exchange for an interest in the REMIC. The ad- ment. page 1, Form N-66. justed basis of the interest received equals the The REMIC may authorize the Department Schedule Q (Form N-66), Quarterly Notice adjusted basis of the property transferred to the to discuss its tax return with its paid preparer to Residual Interest Holder of REMIC Taxable REMIC. by checking the “Yes” box above the paid pre- Income or Net Loss Allocation, Box D(1) should The basis to the REMIC of property trans- parer’s identification number. You are authoriz- be checked to indicate when the schedule is for ferred by a regular or residual interest holder is ing the Department to call your paid preparer the final quarter of the year. its fair market value immediately after its trans- to answer any questions that may arise during Amended Return.—If after the REMIC files its fer. the processing of your tax return. This does not allow your paid preparer to call the Department return, and later becomes aware of any changes If the transferor holds a regular interest and for information about the processing of your re- to income, deductions, etc., the REMIC should if the issue price of the regular interest exceeds turn or for other issues relating to your return. file an amended: its adjusted basis, the excess is included in in- • Form N-66 and check the box at Item D(3), come by the regular interest holder as accrued Note: This is not a full power of attorney page 1 and complete and attach Schedule market discount for the tax years to which it is and does not replace Form N-848. AMD, Explanation of Changes on Amended attributable under the rules of section 1278(b). Return, to the amended Form N-66. If the transferor holds a residual interest and if Specific Instructions • Schedule Q (Form N-66), for each residual the issue price of a regular interest exceeds its interest holder, and check the box at Item adjusted basis, the excess is amortized and in- Form N-66 D(2). Give corrected Schedules Q (Form cluded in the residual interest holder’s income Name, Mailing Address, and Federal Em- N-66) to each residual interest holder. ratably over the anticipated weighted average ployer Identification Number.—Print or type life of the REMIC (as defined in Treasury Regu- the REMIC’s legal name and mailing address Note: If a REMIC does not meet the lation section 1.860E-1(a)(3)(iv)). on the appropriate lines. small REMIC exception under sections 860F(e), 6231, and the Treasury Regu- If the transferor holds a regular interest and if If the REMIC’s mailing address is outside lation thereunder, or if a REMIC makes the adjusted basis of a regular interest exceeds the United States or its possessions or territo- the election described in section 6231(a) its issue price, the regular interest holder treats ries, enter the information on the line for “City (1)(B)(ii) not to be treated as a small the excess as amortizable bond premium sub- or town, state, and postal/ZIP code” in the fol- REMIC, the amended return will be a re- ject to the rules of section 171. If the transferor lowing order: city, province or state, postal code, quest for administrative adjustment, and holds a regular interest and if the adjusted basis and the name of the country. Do not abbreviate federal Form 1065X, Amended Return of a regular interest exceeds its issue price, the the country name. or Administrative Adjustment Request excess is deductible ratably over the weighted (AAR), must be filed by the Tax Matters average life of the REMIC (as defined in Trea- If your mailing address has changed, you Person. See sections 860F(e) and 6227 sury Regulation section 1.860E-1(a)(3)(iv)). must notify the Department of the change by completing Form ITPS-COA, Change of Ad- for more information. Signatures dress Form, or log in to your Hawaii Tax Online account at hitax.hawaii.gov. Failure to do so Information Returns That May Be REMIC with a startup day after November 9, may prevent your address from being updated, Required 1988.—For a REMIC with a startup day after any refund due to you from being delivered (the November 9, 1988, Form N-66 may be signed U.S. Postal Service is not permitted to forward Form N-196, Annual Summary and Transmittal by any person who could sign the return of the your State refund check), and delay important of Hawaii Information Returns. Use this form to entity in the absence of the REMIC election. notices or correspondence to you regarding summarize and send information returns to the Thus, the return of a REMIC which is a corpora- your return. Department. tion or trust would be signed by a corporate of- Federal Forms 1099-INT, MISC, OID, and ficer or trustee, respectively. For REMICs which Note: Each REMIC must have its own R. You may have to file these information re- consist of segregated pools of assets, the re- federal employer identification number. turns to report interest income, miscellaneous turns would be signed by any person who could Enter the federal employer identification income payments, original issue discount and sign the return of the entity which owns assets number (FEIN) in Item A on page 1 of Form distributions from pensions, annuities, retire- of the REMIC under applicable State law. N-66. If the REMIC does not have a FEIN, it Page 2 |
Enlarge image | must apply for one by filing federal Form SS-4, not deduct any amounts paid or accrued with and type of entity which owns the assets in the Application for Employer Identification Number. respect to residual interests in the REMIC. spaces provided. If the FEIN has not been received by the filing Line 10. Other Interest.—Do not include inter- Item G. Number of Residual Holders.—Enter time for Form N-66, write “Applied For” in the est deducted on line 9 or interest on indebted- the number of persons who were residual hold- space for the FEIN. See federal Pub. 583 for ness incurred or continued to purchase or carry ers at any time during the tax year. more information. obligations on which the interest is wholly ex- Item J. Sum of the Daily Accruals.—Enter the Item B. Date REMIC Started.—Enter the empt from income tax. You may elect to include sum of the daily accruals for all residual inter- “startup day” selected by the REMIC as defined amortization of bond premium on taxable bonds ests for the calendar year. See section 860E(c) in section 860G(a)(9). acquired before 1988 unless you elected to off- (2) for details. The startup day is the day on which the set amortizable bond premium against the in- REMIC issued all of its regular and residual terest accrued on the bond (see the Section I, interests. However, a sponsor may contribute line 1, instructions). Do not include any amount Schedule L property to a REMIC in exchange for regular attributable to a tax-exempt bond. and residual interests over any period of 10 Line 11. Taxes.—Enter taxes paid or accrued Balance Sheets per Books consecutive days and the REMIC may desig- during the tax year, but do not include the fol- The amounts shown should agree with the nate any one of those 10 days as the startup lowing: REMIC’s books and records. Attach a statement day. The day so designated is then the startup 1. Federal income taxes (except the tax on net explaining any differences. day, and all interests are treated as issued on income from foreclosure property); Line 1a. Cash flow investments are any invest- that day. 2. Foreign or U.S. possession income taxes; ments of amounts received under qualified Item C. Total Assets at End of Tax Year.— mortgages for a temporary period (not more Enter the total assets of the REMIC. If there are 3. Taxes not imposed on the REMIC; or than 13 months) before distribution to holders of no assets at the end of the tax year, enter zero. 4. Taxes, including State or local sales taxes, interests in the REMIC. Item E. Hawaii Tax I.D. No.—Enter the that are paid or incurred in connection with REMIC’s Hawaii Tax I.D. No. an acquisition or disposition of property Line 1b. Qualified reserve assets include any (such taxes must be treated as a part of the intangible property which is held for investment Section I cost of the acquired property or, in the case and as part of a qualified reserve fund. For a of a disposition, as a reduction in the amount definition of qualified reserve fund, including ex- Line 1. Taxable Interest.—Enter the total tax- realized on the disposition). ceptions, see sections 860G(a)(7)(B) and (C). able interest. “Taxable interest” is interest that Line 1c. Foreclosure property is any real prop- is included in ordinary income from all sources Note: If you have to pay tax on net in- except interest exempt from tax and interest come from foreclosure property, you erty (including interests in real property), and on tax-free covenant bonds. You may elect to should include this tax (from line 10 of any personal property incident to such real reduce the amount of interest accrued on tax- federal Form 1066, Schedule J) here on property, acquired by the REMIC as a result able bonds by the amount of amortizable bond line 11. of the REMIC’s having bid in the property at foreclosure, or having otherwise reduced such premium on those bonds attributable to the cur- See section 164(d) for apportionment of property to ownership or possession by agree- rent tax year. See sections 171(c) and 171(e) taxes on real property between the seller and ment or process of law, after there was a default for details. purchaser. or imminent default on a qualified mortgage Line 2. Accrued Market Discount Under Line 12. Depreciation from Federal Form held by the REMIC. Generally, this property Section 860C(b)(1)(B).—Enter the amount of 4562.—Complete and attach federal Form ceases to be foreclosure property at the close of market discount attributable to the current tax 4562. the third tax year following the tax year in which year determined on the basis of a constant in- Note: Hawaii did not adopt the federal the REMIC acquired the property. See sections terest rate under the rules of section 1276(b)(2). provisions for bonus depreciation and 860G(a)(8), 856(e), and Treasury Regulation Line 4. Ordinary Gain (or Loss).—Enter the the increased section 179 deduction. section 1.856-6 for additional information. net gain (or loss) from line 19, Part II, Schedule If a depreciation deduction is claimed for Note: Solely for purposes of section D-1. Hawaii tax purposes, the REMIC must: (a) 860D(a), the determination of whether Line 5. Other Income.—Enter any other tax- complete a federal Form 4562 for Hawaii tax any property is foreclosure property will able income not listed above and explain its purposes, and (b) attach the completed federal be made without regard to section 856(e) nature on an attached schedule. If the REMIC Form 4562 to the Hawaii tax return. The REMIC (4). issued regular interests at a premium, the net must also keep records of the differences in the Line 7. Regular interests are interests in the amount of such premium is income that must be asset’s depreciable basis for federal and Hawaii REMIC that are issued on the startup day with prorated over the term of such interests. Include tax purposes. fixed terms and that are designated as regular such income on this line. Line 13. Other Deductions.—Enter any other interests, if: REMICs with a start-up date before Novem- allowable deductions for which no line is pro- (1) such interest unconditionally entitles the ber 12, 1991, enter any capital gain or (loss) on vided on Form N-66. holder to receive a specified principal line 5. Attach the schedule or statement to Form amount or other similar amounts; and N-66. (2) interest payments (or other similar amounts), Designation of Tax Matters Person Deductions. (Lines 7-14).—Do not include any if any, with respect to the interest at or be- nondeductible amounts on lines 7-14. A REMIC (TMP) fore maturity are payable based on a fixed is not allowed the following deductions in com- rate (or to the extent provided in regulations, puting its taxable income: A REMIC may designate a tax matters person at a variable rate), or consist of a specified in the same manner in which a partnership may portion of the interest payments on qualified 1. The net operating loss deduction; designate a tax matters partner under Treasury mortgages and this portion does not vary 2. The deduction for taxes paid or accrued to Regulation section 301.6231(a)(7)-1. For pur- during the period that the interest is out- foreign countries and U.S. possessions; poses of applying that section, all holders of a standing. 3. The deduction for charitable contributions; residual interest in the REMIC are treated as general partners. The designation may be made The interest will meet the requirements of 4. The deduction for depletion under section by completing the Designation of Tax Matters subparagraph (1) even if the timing (but not 611 for oil and gas wells; and Person section on page 2 of Form N-66. the amount) of the principal payments (or other 5. Losses or deductions allocable to prohibited similar amounts) is contingent on the extent of transactions. Additional Information prepayments on qualified mortgages and the amount of income from permitted investments. Line 9. Amount Accrued to Regular Inter- Be sure to answer the questions and provide est Holders in the REMIC That is Deductible other information in items F through J. The in- An interest will still qualify as a regular in- as Interest.—Regular interests in the REMIC structions that follow are keyed to these items. terest even if the specified principal amount of the regular interest (or the amount of interest are treated as indebtedness for federal income Item F. Type of Entity.—Check the box for the accrued on the regular interest) can be reduced tax purposes. Enter the amount of interest, in- type of entity that the REMIC is recognized as as a result of the nonoccurrence of 1 or more cluding original issue discount, paid or accrued under State law. If the REMIC is not a separate contingent payments with respect to any re- to regular interest holders for the tax year. Do entity under State law, check the box for “Seg- verse mortgage loan held by the REMIC if, on regated Pool of Assets,” and state the name the startup day for the REMIC, the sponsor rea- Page 3 |
Enlarge image | sonably believes that all principal and interest Include in column (d) tax-exempt interest Schedule Q due under the regular interest will be paid at or income, other tax-exempt income, income from prior to the liquidation of the REMIC. prohibited transactions, income recorded on the Quarterly Notice to Residual REMIC’s books but not included on this return, and allowable deductions not charged against Interest Holder of REMIC Taxable Schedule M book income this year. Income or Net Loss Allocation Reconciliation of Residual Interest Include in column (e) capital losses in ex- Attach a separate Copy A, Schedule Q cess of the $3,000 limitation, other nondeduct- (Form N-66), to Form N-66 for each person who Holders’ Capital Accounts ible amounts (such as losses from prohibited was a residual interest holder at any time during Show what caused the changes in the residual transactions and expenses connected with the the tax year and for each quarter in which such interest holders’ capital accounts during the tax production of tax-exempt income), deductions person was a residual holder. year. allocable to prohibited transactions, expenses recorded on books not deducted on this return, Although the REMIC is not subject to income The amounts shown should agree with the and taxable income not recorded on books this tax, the residual interest holders are liable for REMIC’s books and records and the balance year. tax on their shares of the REMIC’s taxable in- sheet amounts. Attach a statement explaining come, whether or not distributed, and must in- any differences. clude their shares on their tax returns. Page 4 |