Current through February, 2024
(a) Requirement of
filing annual return. In addition to the monthly, quarterly, or semiannual
return, every operator of transient accommodations or plan manager shall file
an annual return on or before the twentieth day of the fourth month following
the close of the taxable year with the taxation district officer where the
transient accommodation or resort time share vacation plan is located and
registered or with the office of the first taxation district. If the operator
or plan manager operates transient accommodations or resort time share vacation
plans located in more than one taxation district, the operator or plan manager
may file an annual return with the taxation district in which such
accommodations are registered or with the first taxation district. The annual
return shall summarize the operator's or plan manager's liability under this
chapter for the year.
(b) Tax year
for purposes of the tax. With the approval of the department, operators or plan
managers who keep their books on other than a calendar year basis may file
their annual tax returns and pay taxes for the year covering the operator's or
plan manager's accounting period based upon their method of keeping books in
the same manner as returns are filed pursuant to chapter
237, HRS.
(c) Signatories of the return. The return
shall be signed as follows:
(1) The return of
an individual shall be signed by the individual;
(2) The return of a corporation shall be
signed by any officer;
(3) The
return of a partnership shall be signed by any partner;
(4) The return of a trust, estate, or other
entity having a fiduciary shall be signed by the personal representative,
trustee, guardian, or other fiduciary, and if the entity has more than one
fiduciary the return may be signed by any fiduciary;
(5) The return of a husband and wife who
jointly engage in business may be signed by either the husband or wife;
or
(6) Any return may be signed by
a person having written authority to act on behalf of the taxpayer for this
purpose; provided that the signer attach to the return a copy of the writing
giving the signer that authority.
(d) Extension of time to file. The department
may extend the time for making the annual tax return on the application of any
taxpayer. The department shall grant reasonable additional time within which to
make the return as the department may deem advisable for good cause shown.
(1) The extension shall be granted only if
all required monthly, quarterly, or semiannual tax returns have been
filed.
(2) In making an application
for extension, the operator or plan manager shall file an application for
extension on a form prescribed by the department with the appropriate taxation
district office where the transient accommodation or resort time share vacation
plan is located or with the office of the first taxation district on or before
the due date of the annual tax return specifying the reason for the delay. If
the operator or plan manager operates transient accommodations or resort time
share vacation plans located in more than one taxation district, the operator
or plan manager may file an application for extension with the taxation
district in which such accommodations or resort time share vacation plans are
registered or with the first taxation district. On or before the due date
prescribed by statute, there shall be paid through monthly, quarterly, or
semiannual tax payments or a payment accompanying the application for an
extension an amount equal to the estimated tax due for the taxable year but in
any case not less than ninety percent of the tax for the taxable year. If
payment accompanies the application, the amount shall be shown on the
application.
(3) The annual tax
return with payment of any tax to the extent not already paid and a duplicate
of the application shall be filed during the time period specified for the
extension.
(4) The department will
consider three-month extensions of time for filing the annual tax return. The
operator or plan manager must request and receive approval for the first
three-month extension of time to file the annual return on forms prescribed by
the department. If a second extension is needed, the operator or plan manager
must apply for and receive approval of the subsequent extension. In no event
will the total extension period granted exceed six months from the original
date of the return.
(5) An
application for extension shall be signed by any person who may sign the annual
return, or by a duly licensed attorney or certified public accountant on behalf
of the attorney's or accountant's client.
