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HB1145
HOUSE OF REPRESENTATIVES
H.B. NO.
1145
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CONFORMITY TO THE INTERNAL REVENUE CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The purpose of
this Act is to conform Hawaii income and estate and generation-skipping
transfer tax laws to the Internal Revenue Code.
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SECTION 2.
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Section
235-2.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:
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"(a)
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For all taxable
years beginning after December 31, [
2023,
]
2024,
as used in this
chapter, except as provided in this section and sections 235-2.35, 235-2.4, and
235-2.45, "Internal Revenue Code" means subtitle A, chapter 1, of the
federal Internal Revenue Code of 1986, as amended as of December 31, [
2023,
]
2024,
as it applies to the determination of gross income, adjusted gross
income, ordinary income and loss, and taxable income, except those provisions
of the Internal Revenue Code which, pursuant to this chapter, do not apply or
are otherwise limited in application.
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Sections 9672(1) (relating to tax treatment of targeted EIDL
advances) and 9673(1) (relating to tax treatment of restaurant revitalization
grants) of Public Law 117-2 shall be operative for purposes of this
chapter.
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No amount received under
section 9601 (relating to 2021 recovery rebates to individuals) of Public Law
117-2 shall be included in gross income for purposes of this chapter.
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Sections 276(b)(1) (relating to subsequent
paycheck protection program loans), 277 (relating to emergency financial aid
grants), 278(b)(1) (relating to emergency EIDL grants and targeted EIDL
advances), 278(c)(1) (relating to subsidy for certain loan payments), and
278(d)(1) (relating to grants for shuttered venue operators) of Division N of
Public Law 116-260 shall be operative for purposes of this chapter.
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Sections 213 (relating to modification of
limitations on charitable contributions) and 214 (relating to temporary special
rules for health and dependent care flexible spending arrangements) of Division
EE of Public Law 116-260 shall be operative for purposes of this chapter.
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Sections 301, 302, and 304 (relating to
disaster tax relief) of Division EE of Public Law 116-260 shall be operative
for purposes of this chapter.
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No amount
received under section 272 (relating to additional 2020 recovery rebates for
individuals) of Division N of Public Law 116-260 shall be included in gross
income for purposes of this chapter.
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Sections 1106(i) (relating to exclusion of
loan forgiveness from gross income), 2202(b) (relating to loans from retirement
plans), and 2205 (relating to charitable contributions) of Public Law 116-136
shall be operative for purposes of this chapter.
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No amount received under section 2201
(relating to recovery rebates) of Public Law 116-136 shall be included in gross
income for purposes of this chapter.
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Section 2202(a) (relating to tax-favored
withdrawals from retirement plans) of Public Law 116-136 shall be operative for
purposes of this chapter and shall apply to taxable years beginning after
December 31, 2019.
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Prior law shall continue to be used to determine:
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(1)
�
The
basis of property, if a taxpayer first determined the basis of property in a
taxable year to which prior law applies; and
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(2)
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Gross
income, adjusted gross income, ordinary income and loss, and taxable income for
a taxable year to which prior law applies."
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SECTION 3.
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Section 236E-3, Hawaii Revised Statutes, is amended to read as follows:
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"
�236E-3
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Conformance to the Internal Revenue Code;
general application
.
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For all
decedents dying, or transfers occurring, after December 31, [
2023,
]
2024,
as used in this chapter, "Internal Revenue Code" means subtitle B of
the federal Internal Revenue Code of 1986, as amended as of December 31, [
2023,
]
2024,
as it applies to the determination of gross estate, adjusted gross
estate, federal taxable estate, and generation-skipping transfers, except those
provisions of the Internal Revenue Code and federal public laws that, pursuant
to this chapter, do not apply or are otherwise limited in application."
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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval; provided that:
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(1)
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Section
2 shall apply to taxable years beginning after December 31, 2024; and
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(2)
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Section 3 shall apply to decedents dying or
taxable transfers occurring after December 31, 2024.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Conformity to the Internal Revenue Code for 2024; Income
Tax; Estate and Generation-Skipping Transfer Tax
Description:
Conforms Hawaii income and estate and generation-skipping
transfer tax laws to the Internal Revenue Code of 1986, as amended as of
December 31, 2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.