§236E-16 Liability for failure to pay tax before distribution or delivery. (a) Any personal representative who distributes any property without first paying, securing another's payment of, or furnishing security for payment of the estate taxes due under this chapter shall be personally liable for the taxes due to the extent of the value of any property that may come or may have come into the possession of the personal representative. Security for payment of the estate taxes due under this chapter shall be in an amount not less than the value of all property that is or has come into the possession of the personal representative, as of the time the security is furnished.
(b) Any person who has the control, custody, or possession of any property and who delivers any of the property to the personal representative or legal representative of the decedent outside the State without first paying, securing another's payment of, or furnishing security for payment of the estate taxes due under this chapter shall be liable for the taxes to the extent of the value of the property delivered. Security for payment of the estate taxes due under this chapter shall be in an amount not less than the value of all property delivered to the personal representative or legal representative of the decedent outside the State by the person.
(c) For the purposes of this section, a person does not have control, custody, or possession of a decedent's property, if the person is not responsible for paying the tax due under this section.
For the purposes of this subsection, "person" may include but is not limited to a stockbroker or stock transfer agent, bank or other depository of checking and savings account, safe-deposit company, or life insurance company.
(d) For the purposes of this section, any person who has the control, custody, or possession of any property and who delivers any of the property to the personal representative or legal representative of the decedent may rely upon the release furnished by the department to the personal representative as evidence of compliance with the requirements of this chapter, and make any delivery and transfer as the personal representative may direct without being liable for any estate taxes due under this chapter. [L 2012, c 220, pt of §1]
Structure Hawaii Revised Statutes
236E. Estate and Generation-Skipping Transfer Tax
236E-3 Conformance to the Internal Revenue Code; general application.
236E-5 Legislative intent; application of Internal Revenue Code.
236E-6 Applicable exclusion amounts.
236E-8 Tax imposed; credit for tax paid other state.
236E-9 Returns; time to file return and pay tax.
236E-10 Interest on amount due; penalties.
236E-11 Extension of time to file return.
236E-12 Department to issue release; final settlement of account.
236E-13 Amended returns; final determination.
236E-14 Administration; rules.
236E-15 Sale of property to pay tax; creation of lien.
236E-16 Liability for failure to pay tax before distribution or delivery.
236E-17 Generation-skipping transfers; tax imposed.
236E-18 Administration by department; action for collection of tax; appeal.
236E-21 Statute of limitations; claims for refund.
236E-22 Expenses of court proceeding.
236E-24 Agreements with other states for payment of tax imposed by this chapter.