Section 235-7 - Other provisions as to gross income, adjusted gross income, and taxable income(a) There shall be excluded from gross income, adjusted gross income, and taxable income: (1) Income not subject to taxation by the State under the Constitution and laws of the United States;(2) Rights, benefits, and other income exempted from taxation by section 88-91, having to do with the state retirement system, and the rights, benefits, and other income, comparable to the rights, benefits, and other income exempted by section 88-91, under any other public retirement system;(3) Any compensation received in the form of a pension for past services;(4) Compensation paid to a patient affected with Hansen's disease employed by the State or the United States in any hospital, settlement, or place for the treatment of Hansen's disease;(5) Except as otherwise expressly provided, payments made by the United States or this State, under an act of Congress or a law of this State, which by express provision or administrative regulation or interpretation are exempt from both the normal and surtaxes of the United States, even though not so exempted by the Internal Revenue Code itself;(6) Any income expressly exempted or excluded from the measure of the tax imposed by this chapter by any other law of the State, it being the intent of this chapter not to repeal or supersede any such express exemption or exclusion;(7) Income received by each member of the reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States of America, and the Hawaii National Guard as compensation for performance of duty, equivalent to pay received for forty-eight drills (equivalent of twelve weekends) and fifteen days of annual duty, at an: (A) E-1 pay grade after eight years of service; provided that this subparagraph shall apply to taxable years beginning after December 31, 2004;(B) E-2 pay grade after eight years of service; provided that this subparagraph shall apply to taxable years beginning after December 31, 2005;(C) E-3 pay grade after eight years of service; provided that this subparagraph shall apply to taxable years beginning after December 31, 2006;(D) E-4 pay grade after eight years of service; provided that this subparagraph shall apply to taxable years beginning after December 31, 2007; and(E) E-5 pay grade after eight years of service; provided that this subparagraph shall apply to taxable years beginning after December 31, 2008;(8) Income derived from the operation of ships or aircraft if the income is exempt under the Internal Revenue Code pursuant to the provisions of an income tax treaty or agreement entered into by and between the United States and a foreign country[;] provided that the tax laws of the local governments of that country reciprocally exempt from the application of all of their net income taxes, the income derived from the operation of ships or aircraft that are documented or registered under the laws of the United States;(9) The value of legal services provided by a legal service plan to a taxpayer, the taxpayer's spouse, and the taxpayer's dependents;(10) Amounts paid, directly or indirectly, by a legal service plan to a taxpayer as payment or reimbursement for the provision of legal services to the taxpayer, the taxpayer's spouse, and the taxpayer's dependents;(11) Contributions by an employer to a legal service plan for compensation (through insurance or otherwise) to the employer's employees for the costs of legal services incurred by the employer's employees, their spouses, and their dependents; and(12) Amounts received in the form of a monthly surcharge by a utility acting on behalf of an affected utility under section 269-16.3; provided that amounts retained by the acting utility for collection or other costs shall not be included in this exemption.(b) There shall be included in gross income, adjusted gross income, and taxable income: (1) Unless excluded by this chapter relating to the uniformed services of the United States, cost-of-living allowances and other payments exempted by section 912 of the Internal Revenue Code, but section 119 of the Internal Revenue Code nevertheless shall apply; and(2) Unless expressly exempted or excluded as provided by subsection (a)(6), interest on the obligations of a State or a political subdivision thereof.(c) The deductions of or based on dividends paid or received, allowed to a corporation under chapter 1, subchapter B, part VIII of the Internal Revenue Code, shall not be allowed. In lieu thereof there shall be allowed as a deduction the entire amount of: (1) Dividends received by any corporation upon the shares of stock of a national banking association;(2) Qualifying dividends, as defined in section 243(b) of the Internal Revenue Code, received by members of an affiliated group; provided that "includible corporation" as used therein shall include domestic and foreign corporations;(3) Dividends received by a small business investment company operating under the Small Business Investment Act of 1958 (Public Law 85-699);(4) Seventy per cent of the amount received by any corporation as dividends upon the shares of stock of another corporation, if otherwise allowed under section 243 of the Internal Revenue Code.(d) With respect to net operating loss deductions resulting from net operating losses for taxable years ending after December 31, 1966, the net operating loss deduction provisions of the Internal Revenue Code shall apply; provided that: (1) In computing the net operating loss deduction allowed by this subsection, there shall be included in gross income the amount of interest which is excluded from gross income by subsection (a), decreased by the amount of interest paid or accrued which is disallowed as a deduction by subsection (e). In determining the amount of the net operating loss deduction under this subsection of any corporation, there shall be disregarded the net operating loss of such corporation for any taxable year for which the corporation is an electing small business corporation;(2) No net operating loss carryback or carryover shall be allowed by this chapter if not allowed under section 172 of the Internal Revenue Code; and(3) The election to relinquish the entire carryback period with respect to a net operating loss allowed under section 172(b)(3)(C) of the Internal Revenue Code shall be operative for the purposes of this chapter; provided that no taxpayer shall make such an election as to a net operating loss of a business where such net operating loss occurred in the taxpayer's business prior to the taxpayer entering business in this State.(e) There shall be disallowed as a deduction the amount of interest paid or accrued within the taxable year on indebtedness incurred or continued to purchase or carry: (1) Bonds the interest upon which is excluded from gross income by subsection (a); or(2) Property owned without the State, or to carry on trade or business without the State, if the taxpayer is a person taxable only upon income from sources in the State.(f) Losses of property as the result of tidal wave, hurricane, earthquake, or volcanic eruption, or as a result of flood waters overflowing the banks or walls of a river or stream, or from any other natural disaster, to the extent of the amount deductible, under this chapter, not compensated for by insurance or otherwise, may be deducted in the taxable year in which sustained, or at the option of the taxpayer may be deducted in equal installments over a period of five years, the first such year to be the calendar year or fiscal year of the taxpayer in which such loss occurred.Amended by L 2021, c 117,§ 5, eff. 6/28/2021.Amended by L 2018, c 18,§ 9, eff. 6/4/2018.Amended by L 2017, c 181,§ 8, eff. 1/1/2019.Amended by L 2017, c 205,§ 9, eff. 7/12/2017.Amended by L 2017, c 205,§ 4, eff. 7/12/2017.Amended by L 2012, c 220, § II-5, eff. 7/1/2012.Amended by L 2012, c 165, § 5, eff. 7/1/2012.Amended by L 2012, c 34, § II-19, eff. 7/1/2012.L Sp 1957, c 1, pt of §2; am L 1959, c 276, §2 and c 277, §8(a); am L Sp 1959 1st, c 29, §8; am L 1963, c 26, §1, c 47, § 1, c 91, §2, and c 146, §4; am L 1965, c 155, §31(a) and c 201, §5; Supp, § 121-5; am L 1967, c 32, §1; HRS § 235-7; am L 1968, c 18, §2; am L 1969, c 152, §1; am L 1970, c 180, §1; am L 1971, c 95, §1; am L 1976, c 156, §6; am L 1978, c 173, §2(7); am L 1979, c 62, §2(6), (7), c 105, §21, and c 224, §3; am L 1981, c 185, §1 and c 209, §2; am L 1982, c 25, §2; am L 1983, c 124, §16; gen ch 1985; am L 1987, c 39, §3 and c 239, §1(7), (8); am L 1990, c 340, §2; am L 1992, c 103, §1; am L 1993, c 337, §5; am L Sp 1995, c 10, §3; am L 2003, c 172, §4; am L 2004, c 197, §2; am L 2007, c 166, §1; am L 2008, c 28, §21; am L 2010, c 59, §1 superseding c 211, §5, and c 112, §8 See L 2012, c 34, § III-26.The 2007 amendment applies to taxable years beginning after December 31, 2007 and ending prior to January 1, 2018. L 2007, c 166, §3; L 2012, c 220, §5.
The L 2010, c 59 amendment applies to taxable years beginning after December 31, 2010 and is exempt from the January 1, 2013 repeal and reenactment condition of L 2007, c 166 . L 2010, c 59, §7(1).
Attorney General Opinions
Federal home loan banks, not being national banks, dividends received therefrom are taxable. Att. Gen. Op. 65-8.
Depreciation not actually sustained during year, not deductible. 18 H. 15. No federal or territorial inhibition against imposition of tax upon income accruing prior to enactment.33 Haw. 766. Insurance premiums on life of president not an actual business expense. 36 H. 11. Cited: 18 H. 530; 18 H. 596;34 Haw. 515, 583.