Hawaii Revised Statutes
235. Income Tax Law
235-37 Apportionment; sales factor; nontangible personalty.

§235-37 Apportionment; sales factor; nontangible personalty. Sales, other than sales of tangible personal property, are in this State:
(1) In the case of intangible property, to the extent the intangible property is used in this State; or
(2) In the case of a service, to the extent the service is used or consumed in this State. [L 1967, c 33, pt of §1; HRS §235-37; am L 2019, c 96, §2]
Note
The 2019 amendment applies to taxable years beginning after December 31, 2019. L 2019, c 96, §4.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 14. Taxation

235. Income Tax Law

235-1 Definitions.

235-2, 235-2.1, and 235-2.2 REPEALED.

235-2.3 Conformance to the federal Internal Revenue Code; general application.

235-2.35 Operation of certain Internal Revenue Code provisions not operative under section 235-2.3.

235-2.4 Operation of certain Internal Revenue Code provisions; sections 63 to 530.

235-2.45 Operation of certain Internal Revenue Code provisions; sections 641 to 7518.

235-2.5 Administration, adoption, and interrelationship of Internal Revenue Code and Public Laws with this chapter.

235-3 Legislative intent, how Internal Revenue Code shall apply, in general.

235-4 Income taxes by the State; residents, nonresidents, corporations, estates, and trusts.

235-4.2 Persons lacking physical presence in the State; nexus presumptions.

235-4.3 REPEALED.

235-4.5 Taxation of trusts, beneficiaries; credit.

235-5 Allocation of income of persons not taxable upon entire income.

235-5.5 Individual housing accounts.

235-5.6 REPEALED.

235-6 Foreign manufacturing corporation; warehousing of products.

235-7 Other provisions as to gross income, adjusted gross income, and taxable income.

235-7.3 Royalties derived from patents, copyrights, or trade secrets excluded from gross income.

235-7.5 Certain unearned income of minor children taxed as if parent's income.

235-8 REPEALED.

235-9 Exemptions; generally.

235-9.5 Stock options from qualified high technology businesses excluded from taxation.

235-10 REPEALED.

235-11 REPEALED.

235-12 REPEALED.

235-12.2 REPEALED.

235-12.5 Renewable energy technologies; income tax credit.

235-13 Sales of residential land to lessees; involuntary conversion.

235-15 Tax credits to promote the purchase of child passenger restraint systems.

235-16 REPEALED.

235-16.5 REPEALED.

235-17 Motion picture, digital media, and film production income tax credit.

235-17.5 REPEALED.

235-18 Deposit beverage container deposit exemption.

235-19 Exceptional trees; tax deduction.

235-20 Comfort letters; authority to assess fees; established.

235-20.5 Tax administration special fund; established.

235-21 Definitions.

235-22 Taxpayers affected.

235-23 Taxable in another state.

235-24 Specified nonbusiness income.

235-25 Rents; royalties.

235-26 Allocation of capital gains and losses.

235-27 Allocation of interest and dividends.

235-28 Allocation of patent and copyright royalties.

235-29 Apportionment of business income; percentage.

235-30 Apportionment; property factor.

235-31 Apportionment; property factor; owned and used property.

235-32 Apportionment; property factor; average value.

235-33 Apportionment; payroll factor.

235-34 Compensation; where paid.

235-35 Apportionment; sales factor.

235-36 Apportionment; sales factor; tangible personalty.

235-37 Apportionment; sales factor; nontangible personalty.

235-38 Equitable adjustment of formula.

235-38.5 Application.

235-39 Citation of part.

235-51 Tax imposed on individuals; rates.

235-52 Tax in case of joint return or return of surviving spouse.

235-53 Tax tables for individuals.

235-54 Exemptions.

235-55 Tax credits for resident taxpayers.

235-55.5 REPEALED.

235-55.6 Expenses for household and dependent care services necessary for gainful employment.

235-55.7 Income tax credit for low-income household renters.

235-55.8 REPEALED.

235-55.9 REPEALED.

235-55.75 Earned income tax credit.

235-55.85 Refundable food/excise tax credit.

235-55.91 Credit for employment of vocational rehabilitation referrals. (a) There shall be allowed to each taxpayer subject to the tax imposed by this chapter, a credit for employment of vocational rehabilitation referrals which shall be deductible f...

235-56, 235-56.5, and 235-57 REPEALED.

235-58, 235-58.1, and 235-58.2 REPEALED.

235-59 Decedents.

235-60 REPEALED.

235-61 Withholding of tax on wages.

235-62 Return and payment of withheld taxes.

235-63 Statements to employees

235-64 Taxes withheld by employer held in trust; employer's liability.

235-64.2 Withholdings by partnerships, estates, and trusts.

235-65 REPEALED.

235-66 Further withholdings at source; crediting of withheld taxes.

235-67 Indemnity of withholder.

235-68 Withholding of tax on the disposition of real property by nonresident persons.

235-69 Voluntary deduction and withholding of state income tax from unemployment compensation.

235-71 Tax on corporations; rates; credit of shareholder of regulated investment company.

235-71.5 Alternative tax for corporations.

235-72 Corporations carrying on business in partnership.

235-81 to 235-89 REPEALED.

235-91 REPEALED.

235-91.5 Income tax credits; ordering of credit claims.

235-92 Returns, who shall make.

235-93 Joint returns.

235-93.4 Effect of civil union.

235-93.5 REPEALED.

235-94 Returns by agent, guardian, etc.; liability of fiduciaries.

235-94.5 REPEALED.

235-95 Partnership returns.

235-96 Returns by persons making payments.

235-96.5 Returns relating to unemployment.

235-97 Estimates; tax payments; returns.

235-98 Returns; form, verification and authentication, time of filing.

235-99 Returns; place for filing.

235-100 Persons in military service.

235-100.5 Abatement of income taxes of members of armed forces on death.

235-101 Federal returns and assessments, when copies are required.

235-102 Records and special returns.

235-102.5 Income check-off authorized.

235-102.6 Refund splitting.

235-103 REPEALED.

235-104 Penalties.

235-105 Failure to keep records, render returns, or make reports by responsible persons.

235-106 REPEALED.

235-107 Procedure upon failure to file return.

235-108 Audit of return; procedure; additional taxes.

235-109 Jeopardy assessments, security for payment, etc.

235-109.5 REPEALED.

235-110 Credits and refunds.

235-110.2 Credit for school repair and maintenance.

235-110.25 Healthcare preceptor tax credit.

235-110.3 REPEALED.

235-110.31 REPEALED.

235-110.4 and 235-110.45 REPEALED.

235-110.46 REPEALED.

235-110.5 REPEALED.

235-110.51 Technology infrastructure renovation tax credit.

235-110.6 Fuel tax credit for commercial fishers.

235-110.65 Ship repair industry tax credit.

235-110.7 Capital goods excise tax credit.

235-110.8 Low-income housing tax credit.

235-110.9 High technology business investment tax credit.

235-110.91 Tax credit for research activities.

235-110.92 REPEALED.

235-110.93 Important agricultural land qualified agricultural cost tax credit.

235-110.94 REPEALED.

235-110.97 Historic preservation income tax credit.

235-111 Limitation period for assessment, levy, collection, or credit; net operating loss carrybacks.

235-111.5 REPEALED.

235-112 Time for assessment of deficiency attributable to gain upon conversion.

235-113 Time for assessment of deficiency attributable to gain upon sale of a residence.

235-114 Appeals.

235-115 Assessments, etc., prima facie proof.

235-116 Disclosure of returns unlawful; penalty.

235-117 Reciprocal supplying of tax information.

235-118 Rules and regulations.

235-119 Taxes, state realizations.

235-121 Title; definitions; federal conformity; construction.

235-122 Taxation of an S corporation and its shareholders.

235-123 Modification and characterization of income.

235-124 Basis and adjustments.

235-125 Carryforwards and carrybacks; loss limitation.

235-125.5 Transition rule.

235-126 Part-year residence.

235-127 Distributions.

235-128 Returns; shareholder agreements; mandatory payments.

235-129 Tax credits.

235-130 LIFO recapture.