HRS § 235-125.5 — Transition rule


[§235-125.5] Transition rule. (a) A
corporation for which an S election was in effect for federal purposes but not
for Hawaii purposes for the taxable period immediately preceding the taxable
period beginning after December 31, 1989, may elect before December 31, 1992,
not to have section 235-125(a) apply to carryforwards from taxable periods
preceding the taxable period beginning after December 31, 1989, for which a
Hawaii S election was not in effect. An election pursuant to this section
shall be applicable to all such carryforward items.
(b) A net operating loss carryforward subject
to an election under this section shall be allowed as a deduction in computing
S corporation taxable income after all other items of income and deductions
have been taken into account in accordance with this part and shall not reduce
S corporation taxable income below zero.
(c) A carryforward, other than a net operating
loss carryforward, subject to an election under this section shall be taken
into account by the corporation in computing taxable income as though an S
election were not in effect for the year. In computing taxable income under
this subsection, the allowance of a deduction for a net operating loss
carryforward shall be determined in accordance with subsection (b).
(d) No carryforwards subject to the election
under this section may be carried forward to a C corporation year within the
meaning of Internal Revenue Code section 1371(b).
(e) An election pursuant to this section shall
be made on a timely filed (including extension) S corporation income tax return
for the first taxable period beginning after December 31, 1989, or an amended
return filed before December 31, 1992. A copy of the election shall be
attached to the S corporation tax return for each year to which the
carryforward is carried.