Hawaii Revised Statutes
231. Administration of Taxes
231-30 Unknown or nonresident delinquents; procedure to collect taxes from.

§231-30 Unknown or nonresident delinquents; procedure to collect taxes from. Notwithstanding section 604-7(c):
(1) Unknown persons. In all cases where taxes assessed to persons unknown are delinquent and unpaid when due, action may be brought by the department of taxation in the district court of the circuit in which the assessment was made and the defendant may be named as unknown. In any such case, it shall be a good and sufficient service of summons, binding on all parties in interest, if under the order of the district court the title and the substance of the action and summons, including a return day not less than three weeks from the date of the issuance of such summons, and calling on all parties in interest to appear and defend, shall be published once a week for three consecutive weeks in some newspaper of general circulation in the State, and the district courts are given jurisdiction to order the service. In the summons and in the notice published, a brief description of the property assessed shall be given. Any judgment entered against the defendant shall be enforced only against the property for which the tax was assessed, unless the defendant has appeared in the action and defended on the merits, in which case the defendant shall be liable to a personal judgment with respect to the claim so defended.
(2) Nonresident delinquents. Where taxes assessed to nonresidents of the taxation district are delinquent and unpaid when due, service of summons may be made in any part of the State, or by exercise by the district court of the powers conferred on circuit courts with respect to defendants who cannot be served with process within the State, with the same effect as if the action had been brought in the circuit court. [L 1932 2d, c 40, §70; RL 1935, §1964; RL 1945, §5132; RL 1955, §115-35; am L Sp 1959 2d, c 1, §16; am L 1967, c 37, §1; HRS §231-30; am L 1973, c 133, §2; gen ch 1985]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 14. Taxation

231. Administration of Taxes

231-1 Definitions.

231-1.5 Confidentiality privileges relating to taxpayer communications.

231-1.6 Personnel security program; criminal history record checks.

231-2 Taxation districts.

231-3 Department, general duties and powers.

231-3.1 Consideration paid not indicative of fair market value.

231-3.2 REPEALED.

231-3.3 Auditor access to tax records or other information for reviews of exemptions, exclusions, credits, and deductions.

231-3.4 Publication of reports. (a) The department of taxation shall publish reports on the following: (1) Hawaii income patterns--individuals; (2) Hawaii income patterns--businesses; (3) Tax credits; and (4) General excise tax exemptions that: (A) A...

231-3.5 Suspension of running of the period of limitation during bankruptcy proceedings. The running of the periods of limitation provided under chapters of the law under title 14 administered by the department to the contrary notwithstanding, shall...

231-3.6 Streamlined sales and use tax agreement compliance.

231-4 Assessing officers eligible to appointment as collecting officers and vice versa.

231-4.3 Investigators; appointment and powers.

231-4.5 Administrative rules officer; specialists; appointment and duties.

231-5 Deceased officers, duties of personal representatives, etc.

231-6 Oath, power to administer.

231-7 Audits, investigations, hearings, and subpoenas.

231-7.5 Expedited appeals and dispute resolution program.

231-8 Timely mailing treated as timely filing and paying.

231-8.5 Electronic filing of tax returns.

231-8.6 REPEALED.

231-9 Tax collection; general duties, powers of director; dollar rounding.

231-9.2 Offers in compromise.

231-9.3 Tax collection; mainland contractors working on federal construction projects.

231-9.4 Credit or debit card remittances.

231-9.5 Assessment of additional taxes of corporations or partnerships.

231-9.6 Fiduciaries, liability.

231-9.7 Informalities not to invalidate assessments, mistakes in names or notices, etc.

231-9.8 Tax bills.

231-9.9 Filing and payment of taxes by electronic funds transfer.

231-10 Department; keep offices where.

231-10.5 Closing audit letters. At the conclusion of a tax audit, the department shall provide to the taxpayer a closing audit letter that shall confirm in writing the department's position on each issue considered in the audit, and which shall provi...

231-10.6 Rules or administrative guidance.

231-10.7 Temporary rulemaking authority for regulation of tax matters.

231-10.8 Tax clearance fees.

231-11 Police to aid assessing or collecting officers.

231-12 REPEALED.

231-13 Director; examination, investigation, and collection.

231-14 Attorney.

231-15 Returns to be signed.

231-15.3 Signature presumed authentic.

231-15.4 Tax return preparers; preparer tax identification number required.

231-15.5 Disclosure by return preparers.

231-15.6 Returns of corporations or partnerships. The returns, statements, or answers required under chapters of the law under title 14 administered by the department, in the case of a corporation, shall be made by any officer of the corporation, or...

231-15.7 Returns by fiduciaries.

231-15.8 Time for performing certain acts postponed by reason of service in combat zone.

231-16 Copies of returns.

231-17 Notices, how given.

231-18 Tax and other officials permitted to inspect returns; reciprocal provisions.

231-19 REPEALED.

231-19.3 Disclosure of letter rulings, et al.

231-19.5 Public inspection and copying of written opinions. (a) Written opinions shall be open to public inspection and copying as provided in this section, notwithstanding sections 235-116, 236D-15, 237-34, and 237D-13 and any other law restricting...

231-20 Evidence, tax records as.

231-21 Due date on Saturday, Sunday, or holiday.

231-21.5 Effect of civil union.

231-22 REPEALED.

231-23 Adjustments and refunds.

231-24 Jeopardy assessments, etc.

231-25 Payment, enforcement of by assumpsit action or by levy and distraint upon all property and rights to property.

231-25.5 Cost recovery fees for the administration of taxes. (a) The department may charge and add a fee to any amount due in accordance with the department's duties and powers under section 231-3 for: (1) Any cost or expense incurred by the departme...

231-26 Extraterritorial enforcement of tax laws.

231-27 Partial payment of taxes.

231-28 Tax clearance before procuring liquor licenses.

231-29 Joinder of party defendant when State claims tax liens.

231-30 Unknown or nonresident delinquents; procedure to collect taxes from.

231-31 Nonresidents engaged in business, etc., service of process on, designation of agent for service of process.

231-32 Records of delinquent taxes, uncollectible delinquent taxes.

231-33 Tax debt due the State; lien.

231-34 Attempt to evade or defeat tax.

231-35 Wilful failure to file return, supply information, or secure a license.

231-36 False and fraudulent statements; aiding and abetting.

231-36.4 Wilful failure to collect and pay over tax.

231-36.5 Understatement of taxpayer's liability by tax return preparer.

231-36.6 Substantial understatements or misstatements of amounts; penalty.

231-36.7 Promoting abusive tax shelters.

231-36.8 Erroneous claim for refund or credit.

231-37 Neglect of duty, etc., misdemeanor.

231-38 REPEALED.

231-39 Additions to taxes for noncompliance or evasion; interest on underpayments and overpayments.

231-40 Interpretation.

231-40.5 Statute of limitations; extension for substantial omissions.

231-41 Statute of limitation for criminal penalties.

231-51 Purpose.

231-52 Definitions.

231-53 Setoff against refund.

231-54 Hearings; appeals.

231-55 Finalization of setoff; credit on debt.

231-56 Charges for setoff; credit to agency.

231-57 Apportionment of joint refunds.

231-57.5 Notification of address and social security number of debtor parent.

231-58 Rules.

231-59 Procedure additional.

231-61 Tax liens; co-owners' rights.

231-62 Tax liens; foreclosure; property.

231-63 Tax liens; foreclosure without suit, notice.

231-64 Tax liens; registered land.

231-65 Tax liens; notice, form of.

231-66 Tax liens; postponement of sale, etc.

231-67 Tax liens; tax deed; redemption.

231-68 Tax liens; costs.

231-69 Tax deed as evidence.

231-70 Disposition of surplus moneys.

231-81 Special enforcement section; created.

231-82 Special enforcement section; functions, powers, and duties.

231-83 Investigators and personnel, appointment and power.

231-84 Right to inspection of books, records, and premises; warrants and writs; levy and seizure.

231-85 Identification of cash economy cases; retention of funds.

231-86 Violent interference with a tax official.

231-91 Citations for violations; deposits.

231-92 Cash-based businesses; injunction.

231-93 Cash-based business; defined.

231-94 Failure to produce license upon demand.

231-95 Failure to keep adequate books and records.

231-96 Failure to record transaction.

231-97 REPEALED.

231-98 Tax avoidance price fixing.

231-99 Possession of currency for tax avoidance purposes.

231-100 Interference with a tax official.