HRS § 237-9.3 — General excise tax benefits; denial of tax benefits for failure to properly claim


§237-9.3 General excise tax benefits;
denial of tax benefits for failure to properly claim. (a) Notwithstanding
any other law to the contrary, a person shall not be entitled to any general
excise tax benefit under this chapter unless the person claiming the general
excise tax benefit:
(1) Obtains a license to engage in and conduct
business as required under section 237-9; and
(2) Files the annual general excise tax
reconciliation tax return as provided under this chapter or chapter 231 not
later than twelve months from the due date prescribed for the return.
(b) The director may require any taxpayer to
furnish information to determine the validity of any general excise tax benefit
and may adopt rules pursuant to chapter 91 necessary to effectuate the purposes
of this section.
(c) The director may waive the denial of the
general excise tax benefit under subsection (a) if the failure to comply is due
to reasonable cause and not to the wilful neglect of the taxpayer.
(d) The director shall first give written
notice to a nonprofit organization to comply with the requirements of this
section before imposing a denial of any general excise tax benefit under this
chapter, and the organization shall have ninety days from the date of the
receipt of the notice to comply with the requirements.
(e) For purposes of this section:
"General excise tax benefit" means
any tax exemption, exclusion of a taxable amount, a reduction from the measure
of a tax imposed, a tax deduction, a tax credit, a lower rate of tax, a
segregation or division of taxable amounts between multiple taxpayers involved
in the same transaction, or any income splitting allowed under this chapter.
"Nonprofit organization" means a
corporate entity, association, or other duly chartered entity that is registered
with the State and is exempt from the application of this chapter pursuant to
section 237-23(a)(3), (4), (5), (6), or (7).