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Hawaii Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Hawaii on
Q: What are policies , procedures and laws for tax levies for Hawaii for GET and State tax

Do IRS laws apply to Hawaii for income taxes?

James L. Arrasmith
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answered on May 5, 2024

Here is a summary of key policies, procedures and laws related to tax levies for Hawaii's General Excise Tax (GET) and state income tax:

General Excise Tax (GET):

- The GET is a privilege tax imposed on business activity in Hawaii. It is not a sales tax.

- The standard...
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1 Answer | Asked in Tax Law for Hawaii on
Q: Is there a statute of limitation for assessments or audits of Hawaii GET taxes

I didn’t realize I needed to file GET for Hawaii but did file my 1099s as income for state income taxes. If I had filed GET, there is 3 year statute of limitations but it seems ambiguous if the statute applies since I unknowingly did not file. Since I filed my 1099 for state income, I think... View More

James L. Arrasmith
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answered on May 5, 2024

In Hawaii, the statute of limitations for assessments or audits of General Excise Tax (GET) can vary depending on the circumstances.

1. General rule: If you filed your GET returns, the Department of Taxation has 3 years from the due date of the return or the date the return was filed,...
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1 Answer | Asked in Immigration Law, Employment Law and Tax Law for Hawaii on
Q: Is it ok, if a friend of mine sets up a Gofundme for legal fees and put me as the beneficiary? I am on a O1-B visa.

I am not concerned about the possibility of paying taxes, but if it won't be seen as something outside the scope of my employment. Thank you

James L. Arrasmith
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answered on Apr 5, 2024

As an O-1B visa holder, it's important to ensure that any financial assistance you receive does not violate the terms of your visa or create issues with your employment. Here are a few things to consider:

1. Purpose of the funds: If the legal fees are related to your employment or the...
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2 Answers | Asked in Employment Law and Tax Law for Hawaii on
Q: If my parents claim me as a dependent but I am majority age (I am 18) can they control my salary?
James L. Arrasmith
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answered on Feb 22, 2024

If your parents claim you as a dependent on their tax return, it does not necessarily mean they have control over your salary. Being 18 years old and considered of majority age means you have legal autonomy over your earnings. However, claiming you as a dependent may affect their tax situation and... View More

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1 Answer | Asked in Tax Law for Hawaii on
Q: I was given a motor vehicle by a widow who's husband did not register and not paid annual vehicle tax for 15 years

Is it possible to ask a judge to waive or reduce the tax, the vehicle is in poor condition and not worth much

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

Aloha, this is a question best left to your local DMV. Usually, if a car is not to be used for an extended period of time, it is advisable to turn in the license plates and obtain a "storage certificate" the issuance of same would stop registration fees and taxes from accruing. The courts... View More

1 Answer | Asked in Tax Law for Hawaii on
Q: realized error on tax filing resulting of overpayment. Used gross vs net & paid taxes on gross amt. Over period of 10yrs

How do i remedy and is it possible to claim refund of overpayment.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 13, 2020

Sure. But you will have to file an amended tax return for each of the years you say was your tax was calculated on gross income instead of net.

1 Answer | Asked in Tax Law for Hawaii on
Q: I am a US citizen and receive both USA SS retirement and UK equivalent to SSA. Is the UK pension HI taxable?
D. Mathew Blackburn
D. Mathew Blackburn
answered on May 11, 2020

Probably. I'd need more info to be sure but generally the income worldwide of a US citizen is taxed under US law. The TCJA was supposed to fix that and most professionals agree that it actually made is worse.

I would hire a professional to do the return.

Best of luck.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Hawaii on
Q: I inherited 50% of a property as tenant in common 6 years ago. I never lived there. Do I owe money to current occupant?

Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... View More

Nina Whitehurst
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answered on Nov 5, 2019

If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.

If your sibling insists that you pay for half of the...
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1 Answer | Asked in Tax Law for Hawaii on
Q: If we are making payment and are keeping up with payment plans can the state garish my personal paycheck.

Business no longer making income for pass 5 years

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 29, 2019

When you setup an installment agreement that stops the garnishment, however it frequently happens that the paperwork is not processed correctly and the garnishment does not stop, If that's the case contact your employer to see if they are processing it and if they have not received any... View More

1 Answer | Asked in Tax Law for Hawaii on
Q: Can State of Hawaii file a tax lien for unpaid GE Tax for a corp tax due. Tax lien filed in my Name personally

If so, then all presidents of corporation are personally responsible for all debts due from corporation. So a corporation such as me how Corp went bankrupt the president of that corp is personally responsible to distribute funds from personal finances to pay creditors?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 20, 2019

Based upon your example, it is clear that your understanding of state tax law is incorrect. Consult a CPA or tax lawyer.

1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for Hawaii on
Q: Can I legally charge a finders fee to help someone claim an escheat check?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.

3 Answers | Asked in Tax Law for Hawaii on
Q: Would the IRS call me and tell me that I need to make arrangements to pay monies that I owe?

I was told that they had documents for my arrest which they would hold off if I make payments.

Eric  Day
Eric Day
answered on Sep 18, 2018

If the IRS has called you and indicated that they are coming to arrest you, this is just a scam and you should ignore the call. They are just trying to get some money out of you. The IRS starts the process of collecting on individuals by sending out mail correspondence.

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1 Answer | Asked in Tax Law for Hawaii on
Q: I was curious what the statute of limitations are to collect back state income taxes in Hawaii are?

Do I need to file a return to start the clock because I was living in Hawaii in 2009-2010, and my employer didn't take out taxes( I was considered self employed) but that was almost 10 years ago so I was a dumb kid, and my employer didn't tell me I needed to ( I'm 33 now) anyways... View More

Eric  Day
Eric Day
answered on May 23, 2018

I am not a Hawaii based tax attorney but most states and the federal government don’t start the statute of limitations on collections or audits until you have actually filed a return or the government filed one for you. They may not have any record of you having income in some instances, but... View More

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