§235-55.6 Expenses for household and dependent care services necessary for gainful employment. (a) Allowance of credit.
(1) In general. For each resident taxpayer, who files an individual income tax return for a taxable year, and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Hawaii state individual income tax purposes, who maintains a household which includes as a member one or more qualifying individuals (as defined in subsection (b)(1)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by the individual during the taxable year. If the tax credit claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer; provided that tax credit properly claimed by a resident individual who has no income tax liability shall be paid to the resident individual; and provided further that no refunds or payment on account of the tax credit allowed by this section shall be made for amounts less than $1.
(2) Applicable percentage. For purposes of paragraph (1), the taxpayer's applicable percentage shall be determined as follows:
Adjusted gross income Applicable percentage
Not over $25,000 25%
Over $25,000 but 24%
not over $30,000
Over $30,000 but 23%
not over $35,000
Over $35,000 but 22%
not over $40,000
Over $40,000 but 21%
not over $45,000
Over $45,000 but 20%
not over $50,000
Over $50,000 15%.
(b) Definitions of qualifying individual and employment-related expenses. For purposes of this section:
(1) Qualifying individual. The term "qualifying individual" means:
(A) A dependent of the taxpayer who is under the age of thirteen and with respect to whom the taxpayer is entitled to a deduction under section 235-54(a),
(B) A dependent of the taxpayer who is physically or mentally incapable of caring for oneself, or
(C) The spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for oneself.
(2) Employment-related expenses.
(A) In general. The term "employment-related expenses" means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer:
(i) Expenses for household services, and
(ii) Expenses for the care of a qualifying individual.
Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight.
(B) Exception. Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of:
(i) A qualifying individual described in paragraph (1)(A), or
(ii) A qualifying individual (not described in paragraph (1)(A)) who regularly spends at least eight hours each day in the taxpayer's household.
(C) Dependent care centers. Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if:
(i) Such center complies with all applicable laws, rules, and regulations of this State, if the center is located within the jurisdiction of this State; or
(ii) Such center complies with all applicable laws, rules, and regulations of the jurisdiction in which the center is located, if the center is located outside the State; and
(iii) The requirements of subparagraph (B) are met.
(D) Dependent care center defined. For purposes of this paragraph, the term "dependent care center" means any facility which:
(i) Provides care for more than six individuals (other than individuals who reside at the facility), and
(ii) Receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit).
(c) Dollar limit on amount creditable. The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed:
(1) $2,400 if there is one qualifying individual with respect to the taxpayer for such taxable year, or
(2) $4,800 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 (with respect to dependent care assistance programs) of the Internal Revenue Code for the taxable year.
(d) Earned income limitation.
(1) In general. Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed:
(A) In the case of an individual who is not married at the close of such year, such individual's earned income for such year, or
(B) In the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of the individual's spouse for such year.
(2) Special rule for spouse who is a student or incapable of caring for oneself. In the case of a spouse who is a student or a qualified individual described in subsection (b)(1)(C), for purposes of paragraph (1), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than:
(A) $200 if subsection (c)(1) applies for the taxable year, or
(B) $400 if subsection (c)(2) applies for the taxable year.
In the case of any husband and wife, this paragraph shall apply with respect to only one spouse for any one month.
(e) Special rules. For purposes of this section:
(1) Maintaining household. An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for the period is furnished by the individual (or, if the individual is married during the period, is furnished by the individual and the individual's spouse).
(2) Married couples must file joint return. If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.
(3) Marital status. An individual legally separated from the individual's spouse under a decree of divorce or of separate maintenance shall not be considered as married.
(4) Certain married individuals living apart. If:
(A) An individual who is married and who files a separate return:
(i) Maintains as the individual's home a household that constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and
(ii) Furnishes over half of the cost of maintaining the household during the taxable year, and
(B) During the last six months of the taxable year the individual's spouse is not a member of the household,
the individual shall not be considered as married.
(5) Special dependency test in case of divorced parents, etc. If:
(A) Paragraph (2) or (4) of section 152(e) of the Internal Revenue Code of 1986, as amended, applies to any child with respect to any calendar year, and
(B) The child is under age thirteen or is physically or mentally incompetent of caring for the child's self,
in the case of any taxable year beginning in the calendar year, the child shall be treated as a qualifying individual described in subsection (b)(1)(A) or (B) (whichever is appropriate) with respect to the custodial parent (within the meaning of section 152(e)(1) of the Internal Revenue Code of 1986, as amended), and shall not be treated as a qualifying individual with respect to the noncustodial parent.
(6) Payments to related individuals. No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual:
(A) With respect to whom, for the taxable year, a deduction under section 151(c) of the Internal Revenue Code of 1986, as amended (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or the taxpayer's spouse, or
(B) Who is a child of the taxpayer (within the meaning of section 151(c)(3) of the Internal Revenue Code of 1986, as amended) who has not attained the age of nineteen at the close of the taxable year.
For purposes of this paragraph, the term "taxable year" means the taxable year of the taxpayer in which the service is performed.
(7) Student. The term "student" means an individual who, during each of five calendar months during the taxable year, is a full-time student at an educational organization.
(8) Educational organization. The term "educational organization" means a school operated by the department of education under chapter 302A, an educational organization described in section 170(b)(1)(A)(ii) of the Internal Revenue Code of 1986, as amended, or a university, college, or community college.
(9) Identifying information required with respect to service provider. No credit shall be allowed under subsection (a) for any amount paid to any person unless:
(A) The name, address, taxpayer identification number, and general excise tax license number of the person are included on the return claiming the credit,
(B) If the person is located outside the State, the name, address, and taxpayer identification number, if any, of the person and a statement indicating that the service provider is located outside the State and that the general excise tax license and, if applicable, the taxpayer identification numbers are not required, or
(C) If the person is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name and address of the person are included on the return claiming the credit.
In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required.
(f) Rules. The director of taxation shall prescribe such rules under chapter 91 as may be necessary to carry out the purposes of this section. [L 1977, c 196, §2; am L 1979, c 62, §2(10); am L 1981, c 234, §1; am L 1982, c 25, §3; am L 1985, c 19, §2; gen ch 1985; am L 1987, c 239, §1(16); am L 1988, c 102, §4; am L 1989, c 13, §5, c 321, §4, and c 322, §1; am L 1993, c 73, § §2, 3; am L 1996, c 89, §10; am L 2016, c 235, §1]
Structure Hawaii Revised Statutes
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.
235-3 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.
235-4.5 Taxation of trusts, beneficiaries; credit.
235-5 Allocation of income of persons not taxable upon entire income.
235-5.5 Individual housing accounts.
235-6 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.
235-9.5 Stock options from qualified high technology businesses excluded from taxation.
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.
235-17 Motion picture, digital media, and film production income tax credit.
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.
235-23 Taxable in another state.
235-24 Specified nonbusiness income.
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.
235-51 Tax imposed on individuals; rates.
235-52 Tax in case of joint return or return of surviving spouse.
235-53 Tax tables for individuals.
235-55 Tax credits for resident taxpayers.
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.
235-55.75 Earned income tax credit.
235-55.85 Refundable food/excise tax credit.
235-56, 235-56.5, and 235-57 REPEALED.
235-58, 235-58.1, and 235-58.2 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.
235-66 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.
235-91.5 Income tax credits; ordering of credit claims.
235-92 Returns, who shall make.
235-93.4 Effect of civil union.
235-94 Returns by agent, guardian, etc.; liability of fiduciaries.
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.
235-105 Failure to keep records, render returns, or make reports by responsible persons.
235-107 Procedure upon failure to file return.
235-108 Audit of return; procedure; additional taxes.
235-109 Jeopardy assessments, security for payment, etc.
235-110.2 Credit for school repair and maintenance.
235-110.25 Healthcare preceptor tax credit.
235-110.4 and 235-110.45 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.
235-110.93 Important agricultural land qualified agricultural cost tax credit.
235-110.97 Historic preservation income tax credit.
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.
235-115 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.
235-128 Returns; shareholder agreements; mandatory payments.