§236E-5 Legislative intent; application of Internal Revenue Code. (a) It is the intent of this chapter, in addition to the essential purpose of raising revenue, to conform the estate and generation-skipping transfer tax law of the State as closely as possible to the Internal Revenue Code, in order to simplify the filing of returns and minimize the taxpayers' burdens in complying with the estate and generation-skipping transfer tax law. The rules and regulations, forms, and procedures adopted and established under this chapter shall conform as nearly as possible, unless there is good reason to the contrary, to the rules and regulations, forms, and procedures adopted and established under the Internal Revenue Code.
(b) The Internal Revenue Code, so far as made operative by this chapter, is a statute adopted and incorporated by reference. The Internal Revenue Code shall be applied using changes in nomenclature and other language, including the omission of inapplicable language, where necessary to effectuate the intent of this section. References to the following terms in the Internal Revenue Code shall have the following meanings:
"Interest at the underpayment rate" or "interest at the overpayment rate" means the interest rate set forth in section 231-39(b)(4) or section 231-23(d)(1), as the case may be.
"Secretary or his delegate" means the director of taxation or the director's duly authorized subordinates. [L 2012, c 220, pt of §1; am L 2017, c 12, §47]
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.