Hawaii Revised Statutes
235. Income Tax Law
235-54 Exemptions.

§235-54 Exemptions. (a) In computing the taxable income of any individual, there shall be deducted, in lieu of the personal exemptions allowed by the Internal Revenue Code, personal exemptions computed as follows: Ascertain the number of exemptions which the individual can lawfully claim under the Internal Revenue Code, add an additional exemption for the taxpayer or the taxpayer's spouse who is sixty-five years of age or older within the taxable year, and multiply that number by $1,144, for taxable years beginning after December 31, 1984. A nonresident shall prorate the personal exemptions on account of income from sources outside the State as provided in section 235-5. In the case of an individual with respect to whom an exemption under this section is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, the personal exemption amount applicable to such individual under this subsection for such individual's taxable year shall be zero.
(b) In computing the taxable income of an estate or trust there shall be allowed, in lieu of the deductions allowed under subsection (a), the following:
(1) An estate shall be allowed a deduction of $400.
(2) A trust which, under its governing instrument, is required to distribute all of its income currently shall be allowed a deduction of $200.
(3) All other trusts shall be allowed a deduction of $80.
(c) A blind person, a deaf person, and any person totally disabled, in lieu of the personal exemptions allowed by the Internal Revenue Code, shall be allowed, and there shall be deducted in computing the taxable income of a blind person, a deaf person, or a totally disabled person, instead of the exemptions provided by subsection (a), the amount of $7,000. [L Sp 1957, c 1, pt of §2; am L 1960, c 4, §1; Supp, §121-11; HRS §235-54; am L 1970, c 90, §2 and c 180, §2; am L 1978, c 181, §1; am L 1980, c 241, §2; am L 1985, c 78, §1; am L 1987, c 239, §1(15); am L 1999, c 253, §4; am L 2009, c 60, §3; am L Sp 2009, c 14, § §1, 3]
Law Journals and Reviews
Rule of Strict Construction in Tax Cases, a Question of Classification or Exemption. 11 HBJ, no. 4, at 98 (1975).
Case Notes
Statutes granting exemptions are strictly construed against taxpayer. 56 H. 321, 536 P.2d 91 (1975).

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.