Current through November, 2024
(a) Except as limited in subsection (b), all allocable taxes which the contractor is required to pay and which are paid and accrued in accordance with generally accepted accounting principles are allowable.(b) The following costs are unallowable: (1) Federal, state, and local income taxes;(2) All taxes from which the contractor could have obtained an exemption, but failed to do so, except where the administrative cost of obtaining the exemption would have exceeded the tax savings realized from the exemption;(3) Any interest, fines, or penalties paid on delinquent taxes unless incurred at the written direction of the procurement officer; and(4) Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the contractor's books of account and financial statements.(c) Any refund of taxes which were allowed as a direct cost under the contract shall be credited to the contract. Any refund of taxes which were allowed as an indirect cost under a contract shall be credited to the indirect cost pool applicable to any contracts being priced or costs being reimbursed during the period in which the refund is made.(d) Direct government charges for services, such as water, or capital improvements, such as sidewalks, are not considered taxes and allowable costs.[Eff 12/15/95; comp 11/17/97; am and comp 11/15/01; am and comp 11/25/02] (Auth: HRS §§ 103D-202, 103D-601) (Imp: HRS § 103D-601)