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High-Tech Tax Incentives
Comfort Ruling re: QHTB Status
August 28, 2006: We have posted the following pdf documents to assist you with the Comfort Ruling request process.
Please note that the first two files contain fillable fields; for more information on our pdf files, please see our FAQs - PDF.
- Request for a High Tech Comfort Ruling
- Does a Company Qualify for Hawaii Tax Incentive
- Sample ruling letter, REVISED September, 2003: PDF or Word
Your request for a comfort ruling should include the following information:
- A statement of your fact situation;
- An analysis of applicable law;
- An application of the law to the facts; and a discussion of any law, rule, case, or other authority (whether in or out of Hawaii) contrary to your position;
- A statement of the requested ruling position; and
- A draft of the desired ruling or determination.
- Any other supporting material, brochures, applicable websites urls, etc. is welcome.
Tax Information Release 2007-04
November 29, 2007: Policies Relating to High Technology Investment Tax Credit Allocations
Provides taxpayers and tax professionals with guidance on the Department of Taxation's policies regarding its analysis of credit ratios for the high tech investment credit allowed under HRS § 235-110.9. Applies to certain credit ratios of 2:1 or less. See Act 215, Session Laws of Hawaii 2004.
Announcement 2005-19
November 3, 2005: Adoption of Section 18-235-20.5-01, Hawaii Administrative Rules, Relating to the Imposition of Fees for (1) the Issuance of High Tech Comfort Rulings and (2) the Certification of (a) the High Technology Business Investment Tax Credit and (b) the Tax Credit for Research Activities.
Act 215, SLH 2004
Certification Forms and Draft Announcement Available
Act 215, SLH 2004
December 17, 2004: Act 215, SLH 2004 (Act 215) improves the high technology tax incentives to give the Department of Taxation better tools to ensure compliance with the tax laws.
Announcement 2003-01
The department issued Announcement 2003-01, which details and explains the new and revised High Technology Business Investment Tax Credit Forms
- Read the Announcement
- Certification for Form N-318 (Rev. 4/2003) and Form N-318A for taxable year 2002 (pdf)
- Form N-317 - OBSOLETE - Statement by a Qualified High Technology Business (Rev. 2006) for Tax Year 2006. Superceded by online N-317 - ELF login (Act 206, SLH 2007).
- Form N-318 (pdf)
- Form N-318A (pdf)
- Instructions for Form N-318A (pdf)
Tax Information Release 2003-01
March 17, 2003: The department issued Tax Information Release 2003-01, which explains the proper application of the law regarding the high technology business investment tax credit.
Tax Law relating to High Technology Tax Incentives
ACT 221, SLH 2001
- Announcement 2001-14 (REVISED)
- The text of ACT 221, SLH 2001 (HB175, HD2, SD2, CD1) is available here.
Prior High-Tech Tax Law
- The text of the High-Tech omnibus bill, ACT 297 (HB 2901, CD1) is available here.
- The text of the Enterprise Zones bill, ACT 118 (SB 2779, CD1) is available here.
- The text of the call centers/hotel remodeling bill, ACT 195 (SB 2781, CD1) is available here.
- The text of ACT 178, SLH 1999 (SB 1583, CD1) is available here.