Enlarge image | Clear Form INSTRUCTIONS FORM N-756 STATE OF HAWAII - DEPARTMENT OF TAXATION (REV. 2023) INSTRUCTIONS FOR FORM N-756 ENTERPRISE ZONE TAX CREDIT Third year 60% of premiums paid GENERAL INSTRUCTIONS Fourth year 50% of premiums paid PURPOSE OF FORM Fifth year 40% of premiums paid Use Form N-756 to figure and claim the enterprise zone income tax Sixth year 30% of premiums paid credit under section 209E-10, Hawaii Revised Statutes (HRS). Seventh year 20% of premiums paid WHO MAY CLAIM THIS CREDIT Qualified businesses engaged in the manufacturing of tangible personal property or the producing or processing of agricultural products may con- A qualified business that has received certification from the Department tinue to claim the credit in an amount equal to 20% of the premiums paid of Business, Economic Development & Tourism (DBEDT) may claim the during each of the subsequent three tax years. enterprise zone tax credit. The enterprise zone tax credit shall apply only to the extent that a quali- The amount of the credit is determined by applying a percentage based fied business conducts trade or business within the zone. A business which on the cycle year to: (a) the taxpayer’s Hawaii income tax liability attrib- has income taxable both within and outside Hawaii shall apportion and allo- utable to its enterprise zone activity, and (b) the taxpayer’s share of un- cate the business’ net income under sections 235-21 to 235-39, HRS, prior employment insurance premiums paid for employees employed within the to calculating the enterprise zone tax credit. enterprise zone. The Enterprise Zone Tax Credit is nonrefundable and limited to the taxpayer’s tax liability from taxable income attributable DEFINITIONS to the conduct of business within an enterprise zone. Any unused “Trade or business” means all business activity by a qualified business credit may not be carried over or carried back to another tax period. within an enterprise zone, whereby 1) tangible personal property is sold at (Section 209E-10, HRS). wholesale and the sale takes place within the zone, 2) a qualified business FLOW-THROUGH ENTITIES engages in a service business within the zone, or 3) value is added to mate- rials or products that are manufactured within the zone. “Trade or business” If you are a flow-through entity that is allocating this credit to your part- also includes engaging in producing agricultural products where the busi- ners, shareholders, or beneficiaries, complete Part I, lines 2, 4, and 5, and ness is a producer as defined in section 237-5; engaging in research, devel- Part II, line 8 (if applicable), or Part III, line 11 (if applicable) of Form N-756. opment, sale or production of all types of genetically-engineered medical, Each partner, S corporation shareholder, or beneficiary of an estate or trust agricultural, or maritime biotechnology products; and engaging in producing (member) that has been certified shall separately determine for the mem- electric power from wind energy for sale primarily to a public utility company ber’s taxable year within which the business’ taxable year ends, the mem- for resale to the public. ber’s share of the credit. The member’s share of the entity’s net income or loss and unemployment insurance credit shall be determined in accordance “Service business” means any corporation, partnership, or sole pro- with the ratio in which the members divide the profits and losses of the prietorship that repairs ships, aircraft, or assisted technology equipment, partnership, S corporation, estate or trust respectively. The flow-through provides telecommunication services, information technology design and entity must provide a separate Form N-756A to each member to report the production services, medical and health care services, or education and member’s share of the entity’s net income and unemployment insurance training services as defined in Chapter 209E, HRS. premiums paid relating to the credit. The flow-through entity must also pro- Tangible personal property shall be sold at wholesale at an establish- vide a copy of the certification issued by DBEDT to each member, which ment of a qualified business located within an enterprise zone. The transfer must be filed with their income tax return. of title to the buyer of the tangible personal property shall take place in the CREDIT REQUIREMENTS same enterprise zone in which the tangible personal property is sold. To claim this credit, you must complete and attach to your Hawaii in- Services shall be sold at an establishment of a qualified business en- come tax return: gaged in a service business within an enterprise zone and the services shall be delivered in the same enterprise zone in which the services are sold. 1. Form N-756 Where the service business, in the same transaction, engages in both the 2. Schedule CR (For tax returns for which Schedule CR is required) sale of tangible property and services, the service business shall segregate the sale of services from the sale of tangible personal property. 3. Form N-756A (Required only if you are receiving this credit from a flow-through entity) Value must be added to materials or products that are manufactured within the enterprise zone. 4. Credit certification letter from DBEDT. A business that has been certified is entitled, subject to the apportion- MULTIPLE FORM N-756AS ment provisions, to an enterprise zone tax credit against Hawaii income tax If you have more than one Form N-756A, submit one Form N-756 to under chapter 235, HRS, according to the following formula: include all N-756As in the computations. First year 80% of tax due Second year 70% of tax due SPECIFIC INSTRUCTIONS Third year 60% of tax due Fourth year 50% of tax due Note: If you are only claiming your share of the enterprise zone tax credit from a partnership, S corporation, estate, or trust, complete Part I, lines 2, Fifth year 40% of tax due 4, and 5, and Part II, line 8 (if applicable), or Part III, line 11 (if applicable). Sixth year 30% of tax due Seventh year 20% of tax due PART I Qualified businesses engaged in the manufacturing of tangible personal Complete this part to determine the taxpayer’s Hawaii income tax liabil- property or the producing or processing of agricultural products may con- ity attributable to its enterprise zone activity and its share of unemployment tinue to claim the credit in an amount equal to 20% of the taxes due during insurance premiums paid for employees employed within the enterprise each of the subsequent three tax years. zone. Then go to either Part II or Part III, whichever is applicable. In addition, a business that has been certified is entitled, subject to the Line 1. — Enter the total tax liability from Form N-11, line 27; Form N-15, apportionment provisions, to an enterprise zone tax credit against Hawaii line 44; Form N-30, Schedule J, line 24; Form N-70NP, line 16; or Form income tax under chapter 235, HRS, in an amount equal to a percentage of N-40, Schedule G, line 1 whichever is applicable. (Note: For Forms N-11 unemployment insurance premiums paid on the payroll of all the business’ and N-15, do not include the separate tax from Forms N-2, N-103, N-152, employees employed in the enterprise zone, according to the following for- N-168, N-312, N-325, N-338, N-344, N-348, N-405, N-586, N-615, or N-814 mula: in your total tax liability.) First year 80% of premiums paid Second year 70% of premiums paid |
Enlarge image | Instructions for Form N-756 (REV. 2023) Page 2 Line 2a. — Enter the total gross income of the qualified business from trade the amount from Form N-756A, line 3e, on line 6. On the dotted line next to or business within the zone during the taxable year. Gross income from line 6, write “From Form N-756A” and go to line 7. trade or business within the zone is received when tangible personal prop- erty is sold at wholesale to business firms, a qualified business engages Line 5a. — Enter the total payroll for employees employed within the zone in a service business, or value is added to materials or products that are during the taxable year. Caution: The determination of “employees em- manufactured by a qualified business. ployed within the zone” is different than the increase in employees required in determining the eligibility for the income tax credit as set by the Depart- For an individual operating as a sole proprietorship, enter the amount ment of Business, Economic Development, and Tourism. In order to qualify of the business’ net income which is attributable to the conduct of trade or for the income tax benefits, an employee’s services to the EZ company business within the zone. This is calculated by multiplying the business’ must be: 1) performed entirely within enterprise zones in the same county net income by a fraction; the numerator being the total gross receipts of the that the company has been qualified in, or 2) the individual’s service must trade or business within the zone and the denominator being the total gross be performed both within and outside enterprise zones within the same receipts of the business within Hawaii. county, but the service performed outside of enterprise zones in the same county is only incidental to the individual’s service within the zones. Members should enter the amount from Form N-756A, line 2e. Line 2b. — Enter the total gross income of the qualified business within Line 5b. — Enter the total payroll for all employees within Hawaii. Hawaii during the taxable year, including sales within and outside the en- Part II terprise zone. A business is taxable outside the enterprise zone if the busi- ness has: 1) income from business activity within the zone which does not Complete this part if your 7 or 10-year cycle began at the start of your tax- fall within the definition of trade or business, or 2) income from business able year, skip Part III, and go to Part IV. If your 7 or 10-year cycle began activity conducted outside the zone. This term includes work that a busi- during your taxable year, then skip Part II and go to Part III. ness located within a zone subcontracts to a business located outside the zone and the work is delivered outside the zone. Part III For an individual, enter the total gross income required to be reported to Complete this part if your 7 or 10-year cycle began during your taxable year Hawaii, including your business’s net income (if operating as a sole propri- rather than at the start of your taxable year and then go to Part IV. etorship), salary, interest income, dividend income, etc. Part IV Members should include in the total amount reported on line 2b, the amount from Form N-756A, line 2a. Complete this part to determine your allowable credit. Line 4. — Enter the total amount of unemployment insurance premiums Line 18. — Divide line 2a from Form N-756 by the total Hawaii income paid on the payroll of all the business’ employees employed in Hawaii. from Form N-11, line 20; Form N-15, line 35 column b; Form N-30, Schedule J, line 4; Form N-70NP, line 6; or Form N-40, line 9, whichever Members claiming their share of the entity’s unemployment insurance is applicable. premiums paid within the zone should skip lines 4, and 5a - 5c; and enter CREDIT WORKSHEET Tax Credit Amount a. Credit for Low-Income Household Renters ......... b. Credit for Child and Dependent Care Expenses c. Credit From a Regulated Investment Company ....... d. Fuel Tax Credit for Commercial Fishers ........ e. Credit for Child Passenger Restrain Systems .......... f. Capital Goods Excise Tax Credit ................... g. Motion Picture, Digital Media and Film Production Income Tax Credit .......... h. Refundable Food/Excise Tax Credit ................ i. Renewable Energy Technologies Income Tax Credit (Refundable) ........ j. Tax Credit for Research Activities ................. k. Earned Income Tax Credit (Refundable) .............. l. Important Agricultural Land Qualified Agricultural Cost Tax Credit ................ m. Renewable Fuels Production Tax Credit (Refundable) .............. n. Income Taxes Paid to Another State or Foreign Country .................. o. Add lines a through n. Enter the amount here and on line 16. ................ |