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DEPARTMENT OF TAXATION ANNOUNCEMENT NO. 2003-01
April 8, 2003
RE: New and Revised High Technology Business Investment Tax Credit Forms

In conjunction with the publication of Tax Information Release No. 2003-1 with respect to the application of the high technology business investment tax credit under Hawaii Revised Statutes (HRS) § 235-110.9, the Department of Taxation (Department) has revised existing tax forms and developed new forms for the high technology business investment tax credit for the tax year 2002. These new and revised forms are intended to allow the Department to monitor the high technology tax incentives offered by Act 221, Session Laws of Hawaii 2001 (Act 221). This Announcement introduces the public to these new and revised forms.

I. In General

Hawaii allows a nonrefundable high technology business investment tax credit of up to $2,000,000 for each taxpayer that is subject to Hawaii income tax for an investment (as defined in HRS § 235-1) in a qualified high technology business (QHTB). 1 The credit is allowable for each year during a five-year period and declines from 35% to 10% from the date of the “investment” for an investment made through the year 2005. The credit is capped at varying amounts ($700,000 in the year the investment is made to $200,000 in the last year). The aggregate credit over the five-year period will equal 100% of the taxpayer’s qualified investment.

Ten percent (10%) of the credit claimed in the two preceding taxable years will be recaptured from the taxpayer if the business ceases to qualify as a QHTB during the five-year period or if the events described in HRS § 235-110.9(d) occur.

The Department has become aware of potential abuses in claiming the tax incentives under Act 221 and has taken the following actions:

II. Description of New and Revised Forms

A. New Form N-317

Form N-317, Statement by a Qualified High Technology Business, is used to report cash investments received by a QHTB in the applicable calendar year and to provide support of the QHTB qualification for that applicable calendar year. For the calendar year 2002, all QHTBs must complete and file Form N-317 by June 16, 2003. Any QHTB that fails to file a completed and signed Form N-317 by June 16, 2003 will be subject to the provisions in HRS §§ 235-105, 231-34, 231-35, and 231-36.

B. Form N-318 (Rev. 4/2003)

Form N-318 (Rev. 4/2003), High Technology Business Investment Tax Credit, is used to calculate the:

(a) Amount of the high technology business investment tax credit to claim on the taxpayer's tax return;
(b) Amount of the high technology business investment tax credit distributed by a pass-through entity; and/or
(c) Recapture of the high technology business investment tax credit.

Any taxpayer claiming the high technology business investment tax credit for the tax year 2002 must file Form N-318 (Rev. 4/2003) along with Form N-318A (see below discussion for explanation on Form N-318A). Failure to file a completed Form N-318 (Rev. 4/2003) with the applicable income tax return for tax year 2002 will result in denial of claims to the high technology business investment tax credit. Any taxpayer who has previously filed Form N-318 (Rev. 2002) with the applicable income tax return or franchise tax return must submit a completed Form N-318 (Rev. 4/2003); otherwise, the taxpayer's claim to the high technology business investment tax credit for the tax year 2002 will be denied.

C. New Form N-318A

Form N-318A, Statement of Investment in a Qualified High Technology Business, is used to support the investment reported on Form N-318. A separate Form N-318A must be completed for each QHTB for which a high technology business investment tax credit is claimed. All Forms N-318A and the required supporting documents must be attached to Form N-318. Failure to:

(a) Fully and properly complete Form N-318A;
(b) Attach all required documents to Form N-318A relating to each QHTB for which a high technology business investment tax credit is claimed; and
(c) Attach all Forms N-318A (plus any required documents) to Form N-318

will result in denial of the taxpayer's claim for the high technology business investment tax credit.

Any taxpayer who has previously filed Form N-318 (Rev. 2002) with the applicable income tax return or franchise tax return must submit a completed Form N-318A, or the taxpayer's claim to the high technology business investment tax credit for the 2002 tax year will be denied.

III. Filing Requirements

A. New Form N-317

Every QHTB must file a completed and signed Form N-317 by June 16, 2003 for the calendar year 2002. Any QHTB that fails to file a completed and signed Form N-317 by June 16, 2003 will be subject to the provisions in HRS §§ 235-105, 231-34, 231-35, and 231-36.

Mail Form N-317 (plus any required documents) to the following address:

High Technology Filing Unit
Department of Taxation
P.O. Box 259
Honolulu, HI 96809-0259

B. Form N-318 (Rev. 4/2003) and New Form N-318A

Any taxpayer claiming the high technology business investment tax credit who has not previously filed an income tax return or franchise tax return for the tax year 2002 must attach Forms N-318 (Rev. 4/2003) and Form N-318A (with any required documents) to the applicable income tax return or franchise tax return.

Any taxpayer who has filed Form N-318 (Rev. 2002) with the 2002 income or franchise tax return is not required to file an amended 2002 income or franchise tax return if the only reason for amending the 2002 income or franchise tax return would be to file Forms N-318 (Rev. 4/2003) and N-318A. The taxpayer may separately file Forms N-318 (Rev. 4/2003) and N-318A along with the certified statement (see attached) signed by the taxpayer and paid preparer (if applicable) at the following address:

High Technology Filing Unit
Department of Taxation
P.O. Box 259
Honolulu, HI 96809-0259

Current forms and other tax information are available at the Department's website at: www.hawaii.gov/tax. On Oahu, forms may be ordered by calling the Department's Forms Request Line at: 587-7572. Persons who are not calling from Oahu, may call: 1-800-222-7572 (toll-free) to receive forms by mail or by fax.

/s/
Kurt Kawafuchi
Director of Taxation
HRS Section Explained: HRS §§ 235-1 and 235-110.9

ATTACHMENTS (All are pdf files)
Certification for Form N-318 (Rev. 4/2003) and Form N-318A for taxable year 2002
Form N-317
Form N-318 (Rev. 4/2003)
Form N-318A

FOOTNOTES
1 The credit is also available to taxpayers subject to the Hawaii franchise tax or gross premiums tax. HRS §241- 4.8; HRS §431:7-209.

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