HAR § 18-235-97 — (3) Place for filing estimated tax return; payment of estimated tax

Estimated tax returns as prescribed by the department and all estimated tax payments shall be filed with the director or designee in the taxation district in which the taxpayer expects to file an income tax return for the taxable year. (f) Death of taxpayer. If an individual taxpayer dies during the taxable year, additional payments of estimated tax with respect to that taxable year are not required by the taxpayer’s estate subsequent to the date of death. (g) Payment of estimated tax in advance. At the election of the taxpayer, any payment of estimated tax may be made prior to the prescribed due date. (h) Amendment of the estimated tax calculation; change in payment amount. (1) Pursuant to section 235-97(e), HRS, a taxpayer may recalculate the taxpayer’s estimated tax liability. If a taxpayer’s financial circumstances change such that it requires the taxpayer to either increase or decrease the amount of the taxpayer’s estimated tax payments, the taxpayer shall recalculate the taxpayer’s estimated tax liability for the taxable year. The recomputed tax liability then shall be reduced by any estimated tax payments already made for the taxable year. The balance of the estimated tax liability owed for the taxable year shall be divided equally among the remaining quarterly payment periods; the payments shall be ratably increased or decreased to reflect the estimated increase or decrease in the estimated tax liability. If an amendment is made after September 20 for calendar year taxpayers, or after the twentieth day of the ninth month of the fiscal year for fiscal year taxpayers, any increase in the estimated tax liability shall be paid at the time the amendment is made. (2) Filing income tax return on or before January 31; individuals. If an individual calendar year taxpayer files an income tax return for the taxable year on or before January 31 following the close of the taxable year (or on or before the last day of the first month following the close of the fiscal year for fiscal year taxpayers), and the individual taxpayer pays any tax liability owed on the return in full, then the individual taxpayer shall not be assessed any addition to tax with respect to any underpayment of the fourth quarter estimated tax payment of the taxable year. The filing of the income tax return on or before January 31 (or on or before the last day of the first month following the close of the fiscal year for fiscal taxpayers) shall be considered the individual taxpayer’s fourth quarter estimated tax filing. (i) Filing estimated tax form; short taxable years. (1) In general. For purposes of this subsection, federal Treasury Regulations sections 1.6654- 3 and 1.6655-3 (regarding short taxable years), shall apply. An estimated tax form and payment for a short taxable year shall be filed if, with the approval of the director, there is a change in the taxpayer’s accounting period from one taxable year to another, resulting in a short taxable year. The filing of an estimated tax form, however, is not required if the short taxable year is: (A) A period of less than four months; or (B) A period of less than six months, and the circumstances necessitating the filing of estimated tax returns first occur after the first day of the fourth month; or (C) A period of less than nine months, and the circumstances necessitating the filing of estimated tax returns first occur after the first day of the sixth month; or (D) A period of nine months or more and the circumstances necessitating the filing of estimated tax returns first occur after the first day of the ninth month. (2) Time for filing estimated tax return and payment of estimated tax. The filing of the estimated tax return and payment of estimated tax for a short taxable year shall follow the same schedule as for a full twelve month calendar or fiscal year as set forth in subsection (e); except that in no event shall the payment of estimated tax in full be later than the twentieth day of the first month following the close the short taxable year. The number of payments for a short taxable year shall be determined as follows: (A) Determine the number of payment dates which occur in the short taxable year (i.e., the twentieth day of the fourth, sixth and ninth months, if any, of the short taxable year, or any payment dates which occur after any change in circumstances which necessitate the filing of estimated tax; and (B) Add, as another payment date, the twentieth day of the first month of the taxable year following the close of the short taxable year. In order to calculate the amount of each payment, the taxpayer should divide the total estimated tax liability for the short taxable year by the number of payment dates.