HRS § 236D-4.5 — Nonresidents not citizens; tax imposed; exemption


[§236D-4.5] Nonresidents not citizens; tax
imposed; exemption. (a) A tax in an amount computed as provided in this
section is imposed on the noncitizen transfer of the taxable estate located in
Hawaii of every nonresident decedent who was not a citizen at the time of their
death.
(b) The tax shall be computed by multiplying
the federal credit by a fraction, the numerator of which is the value of the
property with a situs in Hawaii, and the denominator of which is the value of
the decedent's gross estate.
(c) The noncitizen transfer of the property of
a nonresident not a citizen is exempt from the tax imposed by this section to
the extent that the property of residents is exempt from taxation under the
laws of the state in which the nonresident not a citizen is domiciled; except
that the following shall be subject to tax under this section:
(1) Real property having an actual situs in this State,
whether or not held in a trust the corpus of which is included in a decedent's
gross estate for federal estate tax purposes;
(2) A beneficial interest in a land trust that owns
real property located in the State; and
(3) Tangible and intangible personal property having
a situs in this State.
(d) "Situs" as used in this section
means the location of a decedent's property within the meaning of section 2104
of the Internal Revenue Code, including regulations and other guidance issued
thereunder, substituting "Hawaii" for "the United States".