Enlarge image | FORM TA-2 HOW TO COMPLETE YOUR INSTRUCTIONS (REV. 2023) TRANSIENT ACCOMMODATIONS TAX ANNUAL RETURN AND RECONCILIATION (FORM TA-2) paid for optional goods and services such as food and bev- INTRODUCTION erage services or beach chair or umbrella rentals shall be The Form TA-2 is used to summarize your TAT and TSO tax excluded from fair market rental value. activities for the taxable year. It may also be used to correct If you do not have any gross rental or gross rental pro- errors on the periodic tax returns (Form TA-1). As long as ceeds and do not have any fair market rental values for your total gross rental or gross rental proceeds, fair market the entire year, enter “0.00” on line 11. Please note that rental values, taxes due, penalty and interest are accurately this annual return must be filed. reported and paid in full on your periodic returns, no addi- tional tax will be due when filing the annual return. Form TA-2 The annual tax return must be filed on or before the 20th must be filed in addition to (not in lieu of) the periodic tran- day of the 4th month following the close of your taxable year. sient accommodations tax returns. To correct a previously For example, if you are a calendar-year taxpayer (i.e., your filed Form TA-2, file an amended return on Form TA-2. tax year ends on December 31), then your annual tax return must be filed on or before April 20 of the following year. The transient accommodations tax (TAT) is levied on the gross rental or gross rental proceeds derived from furnishing If you are unable to file the annual return by the due date, transient accommodations. For taxable years beginning after you may request an extension to file Form TA-2 by filing Form December 31, 2018, the TAT is also levied on the share of GEW-TA-RV-6. gross rental proceeds received by transient accommodations The Department requires taxpayers whose TAT liability ex- brokers, travel agents, and tour packagers who enter into ceeds $4,000 for the taxable year, to file returns electronically. arrangements to furnish transient accommodations at non- commissioned negotiated contract rates. The rate is 10.25%. Taxpayers whose liability for the TAT exceeds $100,000 per year are required to pay the tax by Electronic Funds Transfer A “transient accommodation” is a room, apartment, house, (EFT). condominium, beach house, hotel room or suite, or similar living accommodation furnished to a transient person for less If a payment is being made with Form TA-2, make your check than 180 consecutive days. or money order payable to “Hawaii State Tax Collector.” Write “TA,” the filing period, your Hawaii Tax I.D. No., and your “Gross rental or gross rental proceeds” includes amounts daytime phone number on the check. Attach your check or paid to you in the form of cash, goods, or services as com- money order where indicated on the front of Form TA-2. pensation for furnishing a transient accommodation without any deductions for costs incurred in the operation of the tran- Protective Claim — A protective refund claim is a claim filed sient accommodation. Gross rental or gross rental proceeds to protect a taxpayer’s right to a potential refund based on also includes amounts received for entering into arrange- a contingent event for a taxable period for which the statute ments to furnish transient accommodations and amounts of limitations is about to expire. A protective claim is usually received for mandatory resort fees. The gross rental or gross based on contingencies such as pending litigation or an on- rental proceeds do not include the items shown at the top going federal income tax audit or an audit in another state. of the “SCHEDULE OF TRANSIENT ACCOMMODATIONS For more information see Tax Facts 2021-2. TAX EXCLUSIONS, EXEMPTIONS, AND DEDUCTIONS” (under Section 237D-1) on page 6 of these instructions. Forms, instructions and publications are available on the De- partment’s website at tax.hawaii.gov or you may contact a The transient accommodations tax on time share occupancy customer service representative at: (TSO tax) is levied on the occupant of a time share vaca- tion unit at the rate of 10.25% on the unit’s fair market rental Voice: 808-587-4242 value. The time share plan manager shall be liable for, and 1-800-222-3229 (Toll-Free) pay to the State, the TSO tax. Telephone for the Hearing Impaired: “Fair market rental value” is defined as an amount equal to 808-587-1418 one-half of the gross daily maintenance fees that are paid 1-800-887-8974 (Toll-Free) by the owner and that are attributable to the time share unit Fax: 808-587-1488 located in Hawaii. Gross daily maintenance fees include maintenance costs, operational costs, insurance, repair Mail: Taxpayer Services Branch costs, administrative costs, taxes, other than transient ac- P.O. Box 259 commodations taxes, resort fees, and other costs including Honolulu, HI 96809-0259 payments required for reserves or sinking funds. Amounts 1 |
Enlarge image | FILLING IN YOUR FORM TA-2 (ANNUAL RETURN AND RECONCILIATION) NOTE: The bold circled numbers on the sample form correspond to the steps in the instructions. ABOUT THIS FORM Form TA-2 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 — Enter the numeric (two digit) month, day, and year STEP 4 — Enter the last 4 digits of your FEIN or SSN in the that your tax year ends in the area provided on the top of area provided on the top of page 1 and of page 2. page 1 and of page 2. For example, if your tax year ends December 31, 2024, you would enter 12-31-24. AMENDED RETURNS — If you are filing an amended re- STEP 2 — Write your name (taxpayer’s name) in the area turn, put an “X” in the box at the top of the return on page 1 provided on the top of page 1 and of page 2. indicating that the return is an amended return. STEP 3 — Enter your Hawaii Tax I.D. No. in the area pro- vided on the top of page 1 and of page 2. COMPUTING THE TAXES (fig. 2.2) (fig. 2.3) (fig. 2.4) fig. 2.2 2 |
Enlarge image | STEP 5 — Complete lines 1 through 4 of Column a, just reported on the periodic tax returns. If an error was made on as you did on your periodic tax returns. The difference be- one or more of the periodic tax returns in reporting the total tween the periodic and annual tax returns is that the amounts gross rental or gross rental proceeds, or the total fair market reported on the annual tax return are the total gross rental rental values in the applicable districts, the annual tax return proceeds in the applicable districts for the entire year. The is used to correct the amounts reported on your periodic re- annual return is a reconciliation of the total gross rental or turns for the taxable year and to show the amount of any gross rental proceeds and the total fair market rental values additional taxes payable or refund due. fig. 2.2 STEP 6 — Turn to the reverse side of Form TA-2, “PART NOTE: Deductions allowed on your income tax returns, such VI — SCHEDULE OF EXEMPTIONS/DEDUCTIONS.” Fill as operating expenses or management fees, are not deduct- in the amounts and description of the exemptions or deduc- ible on the TAT return. tions being claimed for the taxable year. Each exemption or deduction must be separately listed. For each exemption or STEP 7 — Add the amounts of exemptions/deductions that deduction you claim: (i) In the “DISTRICT” column, enter the are separately listed and enter the result on the “Grand Total number that represents the Tax District where the income of Exemptions and Deductions” line in Part VI. If you do not was earned (1 for Oahu, 2 for Maui, 3 for Hawaii and 4 for have any exemptions or deductions, enter “0.00.” 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” on page 6 of these instructions. Column c is your “TAXABLE PROCEEDS.” fig. 2.3 STEP 10 — Part II is to be completed only by time share plan STEP 11 — Add lines 1 through 4 of Column c and lines 5 managers to report total fair market rental values and TSO through 8. Enter the total on line 9, the “TOTAL AMOUNT tax due for the taxable year. TAXABLE.” Complete Part II just as you did on your periodic returns. The STEP 12 — Multiply the amount on line 9 by the amount on difference between the periodic and annual tax returns is that line 10 (0.1025) and enter the result on line 11. This is the the numbers reported on the annual tax return represent the “TOTAL TAXES DUE.” (NOTE: Line 11 must be filled in. If total fair market rental values in the applicable districts for the you have no taxes due, enter “0.00” on line 11.) entire year. 3 |
Enlarge image | FINISHING THE TAX RETURN (fig. 2.4) (fig. 2.5) (fig. 2.6) fig. 2.4 STEP 13 — Add all the penalties and interest that have been STEP 16 — Leave line 15 blank (to be used for Amended assessed on taxes owed on the periodic returns for the tax- Returns only.) able year, enter the results in the parts for “PENALTY” and “INTEREST” of line 12 and enter the total of the two amounts STEP 17 — Enter the amount from line 14 on line 16 “NET on line 12. PAYMENTS MADE.” STEP 14 — Add the amounts on lines 11 and 12 and enter STEP 18 — Compare the amounts on lines 13 and 16. If they the result on line 13, “TOTAL AMOUNT.” are the same, go to step 23. If the amount on line 13 is less than the amount on line 16, subtract line 13 from line 16 and STEP 15 — Add the total amount of transient accommoda- enter the result on line 17 “CREDIT TO BE REFUNDED” and tions taxes, penalties, and interest paid with your periodic tax go to step 23. returns, delinquency notices, and assessment notices for the taxable year. Enter this amount, less any refunds received STEP 19 — If the amount on line 13 is more than the amount for the tax year, on line 14 “TOTAL PAYMENTS MADE LESS on line 16, subtract line 16 from line 13 and enter the result ANY REFUNDS RECEIVED FOR THE TAX YEAR.” on line 18 “ADDITIONAL TAXES DUE.” fig. 2.5 STEP 20 — Late Filing of Return. The penalty for failure to for payment, whether or not that first calendar day falls on a file a return on time is assessed on the tax due at a rate of Saturday, Sunday, or legal holiday. 5% a month, or part of a month, from the due date to the filing date, up to a maximum of 25%. After computing the penalty and interest amounts, enter the results in the “PENALTY” and “INTEREST” parts of line 19. Interest — Interest at the rate of 2/3 of 1% a month, or part of If you are unable to compute the penalty and interest, leave a month, shall be assessed on the unpaid taxes and penalties the parts of line 19 blank. The Department will compute them beginning with the first calendar day after the date prescribed for you and send you a bill. 4 |
Enlarge image | STEP 21 — Add the amounts on lines 18 and 19 and enter check or money order. Send your check or money order and the result on line 20, “TOTAL AMOUNT DUE AND PAYABLE.” the return to: STEP 22 — NOTE: If you are not submitting a check with Hawaii Department of Taxation your return, enter “0.00” on line 21. P.O. Box 1425 Write the “AMOUNT OF YOUR PAYMENT,” including any Honolulu, HI 96806-1425 penalty and interest, on line 21. Attach your check or money Do not send cash. Form TA-2, including an amended re- order for this amount payable to “Hawaii State Tax Collector” turn, can also be filed and payment made electronically at in U.S. dollars drawn on any U.S. bank where indicated on hitax.hawaii.gov. the front of the return. Write “TA,” the filing period, your Ha- waii Tax I.D. No., and your daytime phone number on your fig. 2.6 STEP 23 — “PART VII — RECONCILIATION OF GROSS Part VII and report the result on line 3 of Part VII. This is your RENTAL OR GROSS RENTAL PROCEEDS.” Add lines 1 gross proceeds from furnishing transient accommodations through 4 of Column a in Part I and enter the total on line 1 that are reportable on line 13, Column c of your General Ex- of Part VII. Exclude general excise taxes visibly passed on, cise/Use Tax Annual Return and Reconciliation (Form G-49). transient accommodations taxes visibly passed on, and any proceeds attributable to transient accommodations furnished STEP 24 — Sign your tax return. The sole proprietor, a at no charge. On line 2 of Part VII, enter the total general partner or member, corporate officer, or an authorized agent excise taxes on transient accommodations that were visibly must sign the tax return, state his/her title, write the date the passed on for the year. Add the amounts on lines 2 and 3 of return is signed, and write a daytime contact phone number. FILING AN AMENDED RETURN If you file your Form TA-2 and later become aware of any Step 16 — Enter on line 15 the amount of credit claimed on changes you must make to reported gross rental or gross your original Form TA-2. rental proceeds or exemptions/deductions, you may file an amended return on Form TA-2 to change the Form TA-2 you Step 17 — Subtract line 15 from line 14 and enter the result already filed. Put an “X” in the box at the top of the return on on line 16 “NET PAYMENTS MADE.” page 1 to indicate that the return is an amended return. The Step 18 — If line 13 is less than line 16, subtract line 13 steps below refer to the steps in Figures 2.0 through 2.6 from line 16 and enter the result on line 17, “CREDIT TO BE Steps 1 through 12 — Enter the correct amounts of gross REFUNDED.” rental or gross rental proceeds, exemptions/deductions, tax- Step 19 — If line 13 is more than line 16, subtract line 16 able proceeds, and taxes due that should have been reported from line 13, enter the result on line 18 “ADDITIONAL TAXES on the original Form TA-2. (NOTE: When filing an amended DUE.” return, each entry that was correctly reported on the original Form TA-2 also must be entered on the appropriate line. Oth- Step 20 — If the amended Form TA-2 is being filed after the erwise, a figure of -0- will be used in place of each unreported due date of the original Form TA-2, and there is an amount number.) entered on line 18, enter on line 19 the amount of any penalty and/or interest now due. On a timely filed original Form TA-2, Step 13 — Enter on line 12 the amounts of penalty and/or a penalty of 20% of the tax due will be assessed if any tax interest assessed as of the date the amended return is filed. remains unpaid after 60 days from the prescribed due date of Step 14 — Add the amounts on lines 11 and 12 and enter the the original Form TA-2. This penalty is applicable to amended result on line 13 “TOTAL AMOUNT.” Forms TA-2 for timely filed original Forms TA-2. Interest at the rate of 2/3 of 1% per month or part of a month shall be Step 15 — Enter on line 14 the total amount of taxes, ad- assessed on unpaid taxes and penalties assessed beginning ditional assessments, and penalty and/or interest paid, with the first calendar day after the date prescribed for pay- less any refunds received for the year. Include payments ment, whether or not that first calendar day falls on Saturday, made with the original periodic and annual returns, as well Sunday, or legal holiday. as any supplemental payments made after they were filed. (REMINDER: Payments are applied first to recover costs in- Step 21 — Add lines 18 and 19 and report the total on line 23 curred by the Department, then to any interest due, then to “TOTAL AMOUNT DUE AND PAYABLE.” penalties, and finally, to taxes.) Follow the instructions in Steps 22, 23 and 24 above to finish your return and submit it to the Department. 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 received 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 |