Enlarge image | FORM TA-1 HOW TO COMPLETE YOUR PERIODIC INSTRUCTIONS (REV. 2022) TRANSIENT ACCOMMODATIONS TAX RETURN (FORM TA-1) INTRODUCTION commodations taxes, resort fees, and other costs including payments required for reserves or sinking funds. Amounts The transient accommodations tax (TAT) is levied on the paid for optional goods and services such as food and bev- gross rental or gross rental proceeds derived from furnishing erage services or beach chair or umbrella rentals shall be transient accommodations. For taxable years beginning after excluded from fair market rental value. December 31, 2018, the TAT is also levied on the share of The TAT returns (Form TA-1) must be filed on a periodic ba- gross rental proceeds received by transient accommodations sis depending on the amount of TAT or TSO tax you have to brokers, travel agents, and tour packagers who enter into pay during the year. You must file monthly if you will pay arrangements to furnish transient accommodations at non- more than $4,000 in TAT or TSO tax per year. You may file commissioned negotiated contract rates. The rate is 10.25%. quarterly if you will pay $4,000 or less in TAT or TSO tax per A “transient accommodation” is a room, apartment, house, year. You may file semiannually if you will pay $2,000 or less condominium, beach house, hotel room or suite, or similar in TAT or TSO tax per year. When changing your filing period, living accommodation furnished to a transient person for less please complete Form BB-1. than 180 consecutive days. Taxpayers filing more frequently than is required are filing “Gross rental or gross rental proceeds” includes amounts returns that cannot be properly tracked. To address this the paid to you in the form of cash, goods, or services as compen- Department of Taxation will change the required filing fre- sation for furnishing a transient accommodation without any quency of taxpayers who file more frequently than is required. deductions for costs incurred in the operation of the transient Form TA-1 is due with payment on or before the 20th day of accommodation. Gross rental or gross rental proceeds also the calendar month following the close of the filing period. includes amounts received for entering into arrangements to furnish transient accommodation and amounts received for The Department requires taxpayers whose TAT liability ex- mandatory resort fees. The gross rental or gross proceeds ceeds $4,000 for the taxable year, to file returns electronically. do not include the items shown at the top of the “SCHEDULE Taxpayers whose liability for the TAT exceeds $100,000 per OF TRANSIENT ACCOMMODATIONS TAX EXCLUSIONS, year are required to pay the tax by Electronic Funds Transfer EXEMPTIONS AND DEDUCTIONS” (under Section 237D-1) (EFT). on page 6 of these instructions. If a payment is being made with Form TA-1, make your check The transient accommodations tax on time share occupancy or money order payable to “Hawaii State Tax Collector.” Write (TSO tax) is levied on the occupant of a time share vaca- “TA,” the filing period, your Hawaii Tax I.D. No., and your tion unit at the rate of 10.25% on the unit’s fair market rental daytime phone number on the check. Attach your check or value. The time share plan manager shall be liable for, and money order where indicated on the front of Form TA-1. pay to the State, the TSO tax. “Fair market rental value” is defined as an amount equal to Protective Claim — A protective refund claim is a claim filed to protect a taxpayer’s right to a potential refund based on one-half of the gross daily maintenance fees that are paid a contingent event for a taxable period for which the statute by the owner and that are attributable to the time share unit of limitations is about to expire. A protective claim is usually located in Hawaii. Gross daily maintenance fees include based on contingencies such as pending litigation or an on- maintenance costs, operational costs, insurance, repair going federal income tax audit or an audit in another state. costs, administrative costs, taxes, other than transient ac- For more information see Tax Facts 2021-2. IMPORTANT!!! Write “TA,” the filing period, your Hawaii Tax I.D. No. and your Forms, instructions, and publications are available on the De- daytime phone number on your check so that it may be prop- partment’s website at tax.hawaii.gov or you may contact a erly credited to your account. If you do not have any gross customer service representative at: rental or gross rental proceeds and do not have any fair Voice: 808-587-4242 market rental value and the result is no TAT and TSO tax 1-800-222-3229 (Toll-Free) liability, enter “0.00” on line 11. Please note that this pe- riodic return must be filed. Telephone for the Hearing Impaired: 808-587-1418 To correct a previously filed Form TA-1, file an amended re- 1-800-887-8974 (Toll-Free) turn on Form TA-1. Fax: 808-587-1488 Mail: Taxpayer Services Branch P.O. Box 259 Honolulu, HI 96809-0259 1 |
Enlarge image | FILLING IN YOUR FORM TA-1 (PERIODIC RETURN) NOTE: The bold circled numbers on the sample form correspond to the steps in the instructions. ABOUT THIS FORM Form TA-1 is designed for electronic scanning that permits 4. Do NOT print outside the boxes. faster processing with fewer errors. To avoid delays: 5. Do NOT use dollar signs, slashes, dashes or parentheses 1. Print amounts only on those lines that are applicable. in the boxes. 2. Use only a black or dark blue ink pen. Do not use red 6. We recommend that you print a new form from our ink, pencils, felt tip pens, or erasable pens. website (tax.hawaii.gov) each time you need it. The 3. Because this form is read by a machine, please print form’s QR code is necessary to process the return. your numbers inside the boxes like this: Excessive photocopying of a photocopy will degrade the QR code, and the QR code will become unreadable. 7. Please use a color printer and print in color. 1234567890X THE TOP OF THE TAX RETURN (fig. 2.0) (fig. 2.1) fig. 2.0 fig. 2.1 STEP 1 — Write your name (taxpayer’s name) in the area Period of January through March 2023 = 03/23; Semiannual provided on the top of page 1 and of page 2. Period of January through June 2023 = 06/23). STEP 2 — Enter your Hawaii Tax I.D. No. in the area pro- AMENDED RETURNS — If you are filing an amended re- vided on the top of page 1 and of page 2. turn, put an “X” in the box at the top of the return on page 1 STEP 3 — Enter the last 4 digits of your FEIN or SSN in the indicating that the return is an amended return. area provided on the top of page 1 and of page 2. STEP 4 — For “PERIOD ENDING” at the top of page 1 and of page 2, enter the filing period information with the appropriate numeric (two digit) month and year for the last month of the filing period (e.g., Month of January 2023 = 01/23; Quarterly 2 |
Enlarge image | COMPUTING THE TAXES (fig. 2.2) (fig. 2.3) (fig. 2.4) fig. 2.2 STEP 5 — Column a, lines 1 through 4 of Part I. Enter the commodations are located. For example, if you have gross total gross rental or gross rental proceeds during the period rental proceeds attributable to transient accommodations on covered by the return. the island of Oahu and on the island of Maui, the total gross rental proceeds attributable to Oahu must be reported on line Please note that if you have gross rental or gross rental 1 and the total gross rental proceeds attributable to the tran- proceeds attributable to transient accommodations in more sient accommodations on Maui must be separately reported than one taxation district, you must report them separately on line 2. according to the taxation district in which the transient ac- fig. 2.3 STEP 6 — Turn to Part VI on the reverse side of Form TA- NOTE: Deductions allowed on your net income tax returns, 1, “SCHEDULE OF EXEMPTIONS/DEDUCTIONS.” Fill in such as operating expenses and management fees, are not the amount and description of the exemptions or deductions deductible on the transient accommodations tax return. being claimed for each taxation district. Each exemption or deduction must be separately listed. For each exemption or STEP 7 — Add the amounts of exemptions/deductions that are separately listed and enter the result on the “ deduction you claim: (i) In the “DISTRICT” column, enter the Grand Total number that represents the Tax District where the income of Exemptions and Deductions” line in Part VI. If you do not have any exemptions or deductions, enter “0.00.” was earned (1 for Oahu, 2 for Maui, 3 for Hawaii and 4 for Kauai); (ii) in the “ED CODE” column enter the code for the STEP 8 — Enter the total amount of exemptions and deduc- type of exemption or deduction being claimed. The allowable tions in each district in Column b of Part I. exemptions and deductions, along with the code number for each, are listed in the “SCHEDULE OF TRANSIENT AC- STEP 9 — Subtract the amounts in Column b, if any, from COMMODATIONS TAX EXCLUSIONS, EXEMPTIONS, the amounts in Column a and enter the results in Column c. AND DEDUCTIONS” (under Section 237D-3) on page 6 of Column c is your “TAXABLE PROCEEDS.” these instructions. 3 |
Enlarge image | fig. 2.4 STEP 10 — Part II is to be completed only by time share plan according to the taxation district in which the time share prop- managers to report total fair market rental values and TSO erties are located. tax due for the periodic filing period. STEP 11 — Add lines 1 through 4 of Column c and lines 5 Report the total fair market rental value during the period through 8. Enter the total on line 9, the “TOTAL AMOUNT for all resort time share vacation plans represented by you TAXABLE.” on lines 5 through 8. To obtain the total fair market rental value, add the amounts from line 31 on each of the Forms STEP 12 — Multiply the amount on line 9 by the amount on line 10 (0.1025) and enter the result on line 11. This is the TA-42, “Time Share Occupancy Worksheet — Calculation of Total Fair Market Rental Value.” Please note that if you have NOTE: Line 11 must be filled in. If “TOTAL TAXES DUE.” ( you have no taxes due, enter “0.00” on line 11.) time share vacation plans in more than one taxation district, you must report the total fair market rental value separately AMENDING THE RETURN (fig. 2.5) fig. 2.5 If you file your Form TA-1 and later become aware of any STEP 13 — As of the date the amended return is filed, enter changes you must make to reported gross rental or gross on line 12 the amounts of penalty and/or interest assessed rental proceeds or exemptions/deductions, you may file an for the period. Penalty and interest are generally assessed amended return on Form TA-1 to change the Form TA-1 you because the original return was filed after the filing deadline, already filed. Do NOT file an amended Form TA-1 if the Tran- or because the taxes due were not paid in full by the filing sient Accommodations Tax Annual Return & Reconciliation, deadline. Form TA-2, has already been filed for the tax year. When STEP 14 — Add the amounts on lines 11 and 12 and enter filing an amended return, each entry that was correctly the result on line 13 “TOTAL AMOUNT.” reported on the original Form TA-1 also must be entered on the appropriate line. Otherwise, a figure of -0- will be STEP 15 — Enter on line 14 the total amount of taxes, ad- used in place of each unreported number. For amended ditional assessments, and penalty and/or interest paid, less returns, complete steps 13 through 18 below.(NOTE: If you any refunds received for the period. Include payments made are not filing an amended return, skip steps 13 through with the original periodic return, as well as any supplemental 18 and go to step 19.) payments made after the original periodic return was filed. (REMINDER: Payments are applied first to recover costs in- 4 |
Enlarge image | curred by the Department, then to any interest due, then to STEP 17 — If line 13 is more than line 14, subtract line 14 penalties, and finally, to taxes.) from line 13, enter the result on line 16 “ADDITIONAL TAXES DUE.” STEP 16 — If line 13 is less than line 14, subtract line 13 from line 14, enter the result on line 15 “CREDIT TO BE RE- FUNDED,” and skip to step 22. FINISHING THE TAX RETURN (fig. 2.6) (fig. 2.7) fig. 2.6 STEP 18 — If the amended Form TA-1 is being filed after the the parts of line 17 blank. The Department will compute them due date of the original Form TA-1, and there is an amount for you and send you a bill. entered on line 16, enter on line 17 the amount of any pen- alty and/or interest now due. On a timely filed original Form STEP 20 — Add the amounts on lines 11 and 17 and enter the result on line 18, “TOTAL AMOUNT DUE AND PAYABLE.” TA-1, a penalty of 20% of the tax due will be assessed if any ( tax remains unpaid after 60 days from the prescribed due NOTE: If you are filing an AMENDED RETURN, add the amounts on lines 16 and 17 and enter the result on line 18.) date of the original Form TA-1. This penalty is applicable to amended Forms TA-1 for timely filed original Forms TA-1. STEP 21 — NOTE : If you are not submitting a check with Interest at the rate of 2/3 of 1% per month or part of a month your return, enter “0.00” on line 19. shall be assessed on unpaid taxes and penalties assessed beginning with the first calendar day after the date prescribed Write the “AMOUNT OF YOUR PAYMENT,” including for payment, whether or not that first calendar day falls on any penalty and interest, on line 19. Attach your check or Saturday, Sunday, or legal holiday. money order for this amount payable to “Hawaii State Tax Collector” in U.S. dollars drawn on any U.S. bank STEP 19 — Late Filing of Return (NOTE: If you are filing an where indicated on the front of the return. Write “TA,” amended return, skip this step and go to step 20.) The pen- the filing period, your Hawaii Tax I.D. No., and your day- alty for failure to file a return on time is assessed on the tax time phone number on your check or money order. due at a rate of 5% a month, or part of a month, from the due Send your check or money order and the return to: date to the filing date, up to a maximum of 25%. Hawaii Department of Taxation Interest—Interest at the rate of 2/3 of 1% a month, or part of a P.O. Box 1425 month, shall be assessed on the unpaid taxes and penalties Honolulu, HI 96806-1425 beginning with the first calendar day after the date prescribed Do not send cash. Form TA-1, including an amended re- for payment, whether or not that first calendar day falls on a turn, can also be filed and payment made electronically at Saturday, Sunday, or legal holiday. hitax.hawaii.gov. After computing the penalty and interest amounts, enter the results in the “PENALTY” and “INTEREST” parts of line 17. If you are unable to compute the penalty and interest, leave fig. 2.7 STEP 22 —Sign your tax return. The sole proprietor, a partner or member, corporate officer, or an authorized agent must sign the tax return, state his/her title, write the date the return is signed, and write a daytime contact phone number. 5 |
Enlarge image | SCHEDULE OF TRANSIENT ACCOMMODATIONS TAX EXCLUSIONS, EXEMPTIONS, AND DEDUCTIONS (NOTE: All section references are to the Hawaii Revised Statutes) Section 237D-1: Gross rental or gross rental proceeds do not include: (1) The amount of transient accommodations taxes passed-on, collected, and re- ceived from the consumer. (2) The amount of general excise taxes passed-on, collected, and received from the consumer. (3) Charges for guest amenities, including meals, beverages, telephone calls, laun- dry, and service charges. (Section 18-237D-1-03(c), Hawaii Administrative Rules) (4) Accounts charged off as worthless for income tax purposes by an accrual basis taxpayer. (Section 18-237D-1-03(e), Hawaii Administrative Rules) Division of gross rental or gross rental proceeds: Where transient accommodations are furnished by an operator through an arrange- ment with a transient accommodations broker, travel agency, or tour packager at noncommissionable negotiated contract rates and the gross rental or gross rental proceeds are divided between the operator and the transient accommodations broker, travel agency, or tour packager, the TAT shall apply to each operator and transient accommodations broker, travel agency, or tour packager with respect to that person’s respective portion of the proceeds. Section 237D-3: The following are exempt from the Transient Accommodations Tax: ED Code (1) Health care facilities including all such facilities enumerated in Section 321-11(10).................130 (2) School dormitories of a public or private educational institution providing education in grades kindergarten through twelve, or of any institution of higher education. .....................150 (3) Lodging provided by nonprofit corporations or associations for religious, chari- table, or educational purposes; provided that this exemption shall apply only to the activities of the religious, charitable, or educational corporation or association as such and not to any rental or gross rental the primary purpose of which is to produce income even if the income is used for or in furtherance of the exempt activities of such religious, charitable, or educational corporation or association. ....................140 (4) Living accommodations for persons in the military on permanent duty assign- ment to Hawaii, including the furnishing of transient accommodations to those military personnel who receive temporary lodging allowances while seeking accommodations in Hawaii or while awaiting reassignment to new duty stations outside the State. ......................................................................................................................180 (5) Low-income renters receiving rental subsistence from the state or federal govern- ments and whose rental periods are for durations shorter than sixty days. ..............................120 (6) Operators of transient accommodations who furnish accommodations to full-time students enrolled in an institution offering post-secondary education. The direc- tor of taxation shall determine what shall be deemed acceptable proof of full-time enrollment. ..............................................................................................................................160 This exemption shall also apply to operators who furnish transient accommoda- tions to students during summer employment. .........................................................................170 (7) Accommodations furnished without charge such as, but not limited to, complimen- tary accommodations ...............................................................................................................100 Accommodations furnished to contract personnel such as physicians, golf or tennis professionals, swimming and dancing instructors, and other personnel to whom no salary is paid or to employees who receive room and board as part of their salary or compensation. ....................................................................................................190 (8) Accommodations furnished to foreign diplomats and consular officials who are holding cards issued or authorized by the United States Department of State granting them an exemption from state taxes. .......................................................................... 110 6 |