HOUSE OF REPRESENTATIVES

H.B. NO.

967

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SECTION 235-55.91, HAWAII REVISED STATUTES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 235-55.91, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The following wages paid to vocational rehabilitation referrals are ineligible to be claimed by the employer for this credit:

     (1)  No wages shall be taken into account under this section with respect to a vocational rehabilitation referral who:

        [(A)  Bears any of the relationships described in section 152(a)(1) to (8) of the Internal Revenue Code to the taxpayer, or, if the taxpayer is a corporation, to an individual who owns, directly or indirectly, more than fifty per cent in value of the outstanding stock of the corporation (determined with the application of section 267(c) of the Internal Revenue Code);

         (B)  If the taxpayer is an estate or trust, is a grantor, beneficiary, or fiduciary of the estate or trust, or is an individual who bears any of the relationships described in section 152(a)(1) to (8) of the Internal Revenue Code to a grantor, beneficiary, or fiduciary of the estate or trust; or

         (C)  Is a dependent (described in section 152(a)(9) of the Internal Revenue Code) of the taxpayer, or, if the taxpayer is a corporation, of an individual described in subparagraph (A), or, if the taxpayer is an estate or trust, of a grantor, beneficiary, or fiduciary of the estate or trust.]

         (A)  Is a dependent, as described in section 152 of the Internal Revenue Code, of the taxpayer;

         (B)  If the taxpayer is a corporation, is an individual who owns, directly or indirectly, more than fifty per cent in value of the outstanding stock of the corporation (determined with the application of section 267(c) of the Internal Revenue Code), or is a dependent, as described under section 152 of the Internal Revenue Code, of such an individual; or

         (C)  If the taxpayer is an estate or trust, is an individual who is grantor, fiduciary, or beneficiary of the estate or trust, or is a dependent, as described under section 152 of the Internal Revenue Code, of such a grantor, fiduciary, or beneficiary.

     (2)  No wages shall be taken into account under this section with respect to any vocational rehabilitation referral if, prior to the hiring date of the individual, the individual had been employed by the employer at any time during which the individual was not a vocational rehabilitation referral.

     (3)  No wages shall be taken into account under this section with respect to any vocational rehabilitation referral unless such individual either:

         (A)  Is employed by the employer at least ninety days; or

         (B)  Has completed at least one hundred-twenty hours of services performed for the employer."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Income Tax; Vocational Rehabilitation Referrals

 

 

Description:

Amends section 235-55.91(e), Hawaii Revised Statutes, by updating references to the Internal Revenue Code.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.