HRS § 237D-6 — Return and payments; penalties


§237D-6 Return and payments; penalties.
(a) On or before the twentieth day of each calendar
month, every person liable under this chapter during the preceding calendar
month shall file a sworn return with the director in a form prescribed by the
director together with a remittance for the amount of the tax. Sections 237-30
and 237-32 shall apply to returns and penalties
made under this chapter to the same extent as if the sections were set forth
specifically in this section.
(b) Notwithstanding subsection (a), the
director of taxation, for good cause, may permit a taxpayer to file the
taxpayer's return required under this section and make payments thereon:
(1) On a quarterly basis during the calendar or
fiscal year, the return and payment to be made on or before the twentieth day
of the calendar month after the close of each quarter, to wit: for calendar
year taxpayers, on or before April 20, July 20, October 20, and January 20 or,
for fiscal year taxpayers, on or before the twentieth day of the fourth month,
seventh month, and tenth month following the beginning of the fiscal year and
on or before the twentieth day of the month following the close of the fiscal
year; provided that the director is satisfied that the grant of the permit will
not unduly jeopardize the collection of the taxes due thereon and the taxpayer's
total tax liability for the calendar or fiscal year under this chapter will not
exceed $4,000; or
(2) On a semiannual basis during the calendar or
fiscal year, the return and payment to be made by or before the twentieth day
of the calendar month after the close of each six-month period, to wit: for
calendar year taxpayers, on July 20 and January 20 or, for fiscal year
taxpayers, on or before the twentieth day of the seventh month following the
beginning of the fiscal year and on or before the twentieth day of the month
following the close of the fiscal year; provided that the director is satisfied
that the grant of the permit will not unduly jeopardize the collection of the
taxes due thereon and the taxpayer's total tax liability for the calendar or
fiscal year under this chapter will not exceed $2,000.
The director, for good cause, may permit a
taxpayer to make monthly payments based on the taxpayer's estimated quarterly
or semiannual liability; provided that the taxpayer files a reconciliation
return at the end of each quarter or at the end of each six-month period during
the calendar or fiscal year, as provided in this section.
(c) If a taxpayer filing the taxpayer's return
on a quarterly or semiannual basis, as provided in this section, becomes
delinquent in either the filing of the taxpayer's return or the payment of the
taxes due thereon, or if the liability of a taxpayer, who possesses a permit to
file the taxpayer's return and to make payments on a semiannual basis exceeds
$2,000 in transient accommodations taxes during the calendar year or exceeds
$4,000 in transient accommodations taxes during the calendar year if making
payments on a quarterly basis, or if the director determines that any such
quarterly or semiannual filing of return would unduly jeopardize the proper
administration of this chapter, including the assessment or collection of the
transient accommodations tax, the director, at any time, may revoke a taxpayer's
permit, in which case the taxpayer shall then be required to file the taxpayer's
return and make payments thereon as provided in subsection (a).
(d) Section 232-2 does not apply to a monthly
return.