2021 Hawaii Revised Statutes
Title 14. Taxation
236E. Estate and Generation-Skipping Transfer Tax
236E-8 Tax imposed; credit for tax paid other state.

§236E-8 Tax imposed; credit for tax paid other state. (a) This section shall apply to a decedent who, at the time of death was:

(1) A resident of the State; or

(2) A nonresident of the State whose gross estate includes any real property situated in the State or tangible personal property having a situs in the State. Where the decedent is the sole owner of a single member limited liability company that has not elected to be taxed as a corporation, the single member limited liability company shall be disregarded for purposes of this chapter and this chapter shall be applied as if the sole member is the owner of the property.

(b) With respect to the estates of decedents dying after January 25, 2012, the tax based on the Hawaii net taxable estate shall be as provided in the following schedule:

If the Hawaii net taxable

estate is: The tax shall be:

$1,000,000 or less 10.0% of the Hawaii net

taxable estate

Over $1,000,000 but $100,000 plus 11.0% of the

not over $2,000,000 amount by which the Hawaii

net taxable estate

exceeds $1,000,000

Over $2,000,000 but $210,000 plus 12% of the

not over $3,000,000 amount by which the Hawaii

net taxable estate

exceeds $2,000,000

Over $3,000,000 but $330,000 plus 13% of the

not over $4,000,000 amount by which the Hawaii

net taxable estate

exceeds $3,000,000

Over $4,000,000 but $460,000 plus 14% of the

not over $5,000,000 amount by which the Hawaii

net taxable estate

exceeds $4,000,000

Over $5,000,000 but $600,000 plus 15.7% of the

not over $10,000,000 amount by which the Hawaii

net taxable estate

exceeds $5,000,000

Over $10,000,000 $1,385,000 plus 20% of the

amount by which the Hawaii

net taxable estate

exceeds $10,000,000.

(c) If any property of a resident is subject to a death tax imposed by another state and if the tax imposed by the other state is not qualified by a reciprocal provision allowing the property to be taxed in the state of the decedent's domicile, the amount of the tax due under this section shall be credited with the lesser of:

(1) The amount of the death tax actually paid to the other state; or

(2) An amount computed by multiplying the Hawaii estate tax by a fraction, the numerator of which is the value of the property subject to the death tax imposed by the other state, and the denominator of which is the total value of the decedent's gross estate.

(d) Except as otherwise expressly provided, for purposes of this chapter, the gross value of transferred property shall be its value as finally determined for purposes of the federal transfer tax. [L 2012, c 220, pt of §1; am L 2017, c 156, §1; am L 2018, c 27, §9; am L 2019, c 3, §1]

Note

The 2017 amendment applies to decedents dying or taxable transfers occurring after December 31, 2016. L 2017, c 156, §3.

The 2018 amendment applies to decedents dying or taxable transfers occurring after December 31, 2017. L 2018, c 27, §15(2).

The 2019 amendment applies to decedents dying or taxable transfers occurring after December 31, 2019. L 2019, c 3, §3.