HRS § 251-4 — Return and payments; penalties


§251-4 Return and payments; penalties.
(a) On or before the twentieth day of each calendar month, every person
taxable under this chapter during the preceding calendar month shall file a
sworn return with the director in such form as the director shall prescribe
together with a remittance for the amount of the surcharge tax in the form
required by section 251-5. 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, for good cause, may permit a person to file the person'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 surcharge taxes due thereon and
that the person's total surcharge 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
surcharge taxes due thereon and that the person's total surcharge tax liability
for the calendar or fiscal year under this chapter will not exceed $2,000.
The director, for good cause, may permit a
person to make monthly payments based on the person's estimated quarterly or
semiannual liability; provided that the person 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 person filing the return on a
quarterly or semiannual basis, as provided in this section, becomes delinquent
in either the filing of the return or the payment of the surcharge taxes due
thereon, or if the liability of a person, who possesses a permit to file the
return and to make payments on a semiannual basis exceeds $2,000 in surcharge
taxes during the calendar year or exceeds $4,000 in surcharge 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 surcharge tax, the director, at any time, may revoke a
person's permit, in which case the person then shall be required to file the
person's return and make payments thereon as provided in subsection (a).
(d) Section 232-2 does not apply to a monthly,
quarterly, or semiannual return.