§237-4.5 Marketplace facilitators. (a) A marketplace facilitator shall be deemed the seller of tangible personal property, intangible property, or services and the seller on whose behalf the sale is made shall be deemed to be making a sale at wholesale pursuant to section 237-4.
(b) For purposes of section 237-3, a marketplace facilitator's gross income or gross proceeds of sale include receipts from sales on behalf of other sellers under subsection (a).
(c) Any person other than a marketplace facilitator who provides a forum, whether physical or electronic, in which sellers list or advertise tangible personal property, intangible property, or services for sale and takes or processes sales orders shall:
(1) Post a conspicuous notice on its forum that informs purchasers intending to purchase tangible personal property, intangible property, or services for delivery to or use at a location in this State that the purchaser is required to pay use tax if the sale is made from an unlicensed seller;
(2) Provide a written notice to each purchaser at the time of each sale of tangible personal property, intangible property, or services for delivery to or use at a location in this State that the purchaser may be required to remit use tax directly to the department and provide instructions for obtaining additional information from the department on whether and how to remit use tax to the department; and
(3) No later than the twentieth day of the fourth month following the close of the taxable year, submit a report to the department that includes, with respect to each purchaser of tangible personal property, intangible property, or services delivered to or used at a location in this State, all of the following:
(A) The purchaser's name, billing address, and mailing address;
(B) If the sale involved the purchase of tangible personal property, the address in this State to which the tangible personal property was delivered to the purchaser;
(C) The aggregate dollar amount of the purchaser's purchases from the seller; and
(D) The name and address of the seller that made the sale to the purchaser;
provided that the person, in lieu of complying with the notice and reporting requirements in this subsection, may elect to be deemed the seller of tangible personal property, intangible property, or services as provided in subsection (a).
(d) Any person who fails to comply with subsection (c) and has not elected to be deemed the seller of tangible personal property, intangible property, or services unless it is shown that the failure is due to reasonable cause and not due to neglect, shall be assessed a penalty of $1,000 if the failure is for not more than one month, with an additional $1,000 for each additional month or fraction thereof during which the failure continues, not exceeding $12,000 in the aggregate. [L 2019, c 2, §1]
Structure Hawaii Revised Statutes
237-2 "Business", "engaging" in business, defined.
237-2.5 Engaging in business in the State.
237-3 "Gross income", "gross proceeds of sale", defined.
237-4 "Wholesaler", "jobber", defined.
237-4.5 Marketplace facilitators.
237-6 "Contractor", "contracting", "federal cost-plus contractor", defined.
237-7 "Service business or calling", defined.
237-8 Administration and enforcement by department.
237-9.3 General excise tax benefits; denial of tax benefits for failure to properly claim.
237-9.5 No separate licensing, filing, or liability for certain revocable trusts.
237-10.5 Reporting requirement for contractors on federal construction projects.
237-12 Tax cumulative; extent of license.
237-13.5 Assessment on generated electricity.
237-13.8 Sales of telecommunications services through prepaid telephone calling service.
237-14 Segregation of gross income, etc., on records and in returns.
237-16.5 Tax on written real property leases; deduction allowed.
237-16.8 Exemption of certain convention, conference, and trade show fees.
237-17 Persons with impaired sight, hearing, or who are totally disabled.
237-18 Further provisions as to application of tax.
237-20 Principles applicable in certain situations.
237-22 Conformity to Constitution, etc.
237-23 Exemptions, persons exempt, applications for exemption.
237-24.3 Additional amounts not taxable.
237-24.5 Additional exemptions.
237-24.7 Additional amounts not taxable.
237-24.75 Additional exemptions.
237-24.8 Amounts not taxable for financial institutions.
237-24.9 Aircraft service and maintenance facility.
237-25 Exemptions of sales and gross proceeds of sales to federal government, and credit unions.
237-26 Exemption of certain scientific contracts with the United States.
237-27 Exemption of certain petroleum refiners.
237-27.5 Air pollution control facility.
237-27.6 Solid waste processing, disposal, and electric generating facility; certain amounts exempt.
237-28.1 Exemption of certain shipbuilding and ship repair business.
237-29 Exemptions for certified or approved housing projects.
237-29.5 Exemption for sales of tangible personal property shipped out of the State.
237-29.53 Exemption for contracting or services exported out of State.
237-29.57 Exemption for intangible property used outside the State.
237-29.7 Exemption of insurance companies.
237-29.8 Call centers; exemption; engaging in business; definitions.
237-30 Monthly, quarterly, or semiannual return, computation of tax, payment.
237-33 Annual return, payment of tax.
237-34 Filing of returns; disclosure of returns unlawful, penalty; destruction of returns.
237-35 Consolidated reports; interrelated business.
237-36 Erroneous returns, disallowance of exemption, payment.
237-38 Failure to make return.
237-39 Audits; procedure, penalties.
237-41 Records to be kept; examination.
237-41.5 Certain amounts held in trust; liability of key individuals.
237-43 Bulk sales; transfers; penalties.
237-44 Entertainment business.
237-46 Collection by suit; injunction.
237-47 District judges; concurrent civil jurisdiction in tax collections.