Report Title:

Tax Credit; Private Development at Ko Olina Resort and Marina

Description:

Establishes a tax credit for qualified costs at Ko Olina Resort and Marina under certain conditions; undetermined maximum tax credit in any year; undetermined maximum total tax credit. (SB377 HD2)

THE SENATE

S.B. NO.

377

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

relating to taxation.

 

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

SECTION 1. The legislature finds that further development planned by the State and the city and county of Honolulu to enhance the west side of Oahu and develop the second city of Kapolei and Ko Olina Resort and Marina would bring extensive economic benefits and result in the creation of thousands of construction and permanent jobs. The legislature believes that Ko Olina can play a pivotal role in regenerating Oahu's tourism economy. The creation of "must see" attractions and educational facilities at Ko Olina, including a world-class ocean front aquarium, marine science and mammal research facilities, an international sports training complex, a travel industry management intern campus, and other facilities developed in cooperation with the University of Hawaii, will attract visitors from local, national, and international markets, reposition Oahu as a multi-resort island, and complement Waikiki by creating a broad-based visitor destination.

The purpose of this Act is to establish a tax credit for qualified costs in the development of facilities for attractions and educational purposes at Ko Olina Resort and Marina.

SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235-   Attractions and educational facilities tax credit; Ko Olina Resort and Marina. (a) When the provisions of subsection (j) are met, there shall be allowed to each qualified taxpayer subject to the taxes imposed by this chapter, a tax credit for qualified costs in the development of facilities for attractions and educational purposes at Ko Olina Resort and Marina. The tax credit shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter and, at the election of the taxpayer, from the tax liability imposed by chapters 237, 237D, 238, 239, 241, and 431.

(b) The tax credit earned shall be equal to the qualified costs incurred in the previous taxable year for any one or more years in the six consecutive taxable years from January 1, 2004, through December 31, 2009, up to a maximum of $ of credits in the aggregate for all qualified taxpayers for all years; provided that notwithstanding the amount of tax credits earned in any year, a maximum of $ of tax credits in the aggregate for all qualified taxpayers may be used in any one year. The credits over $ shall be used as provided in subsection (d).

(c) To qualify for the tax credit, a taxpayer shall:

(1) Have expended qualified costs on and be developing a world-class aquarium and marine science and mammal research facility at Ko Olina Resort and Marina; and

(2) Dedicate one-half of the taxable income, as defined in chapter 235, of the world-class aquarium to the State, beginning on the first day of the seventeenth year following the year in which the attractions and educational facilities credit was first taken.

(d) If the tax credit under this section exceeds $          in the aggregate for all qualified taxpayers for any taxable year or exceeds the taxpayer's tax liability under this chapter or chapters 237, 237D, 238, 239, 241, and 431 for any year for which the credit is taken, the excess of the tax credit may be used as a credit against the taxpayer's tax liability for the taxes set forth in this section in subsequent years until exhausted; provided that the taxpayer may continue to claim the credit provided in this section if the qualified costs are incurred before January 1, 2010, subject to the monetary ceilings in subsection (b).

(e) Every claim, including amended claims, for a tax credit under this section shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

(f) If, at any time during the six-year period in which tax credits are earned under this section, the costs incurred no longer meet the definition of qualified costs, the credits claimed under this section shall be recaptured. The recapture shall be equal to one hundred per cent of the total tax credits claimed under this section for the preceding taxable year; provided that the amount of the credits recaptured shall apply only to those costs that no longer meet the definition of qualified costs. The amount of the recaptured tax credits determined under this subsection shall be added to the taxpayer's tax liability for the taxable year in which the recapture occurs under this subsection.

(g) If any credit is claimed under this section, then no taxpayer shall claim a credit under any chapter identified in this section for the same qualified costs for which a credit is claimed under this section.

(h) The director of taxation shall prepare any forms that may be necessary to claim a credit under this section. The director may also require the taxpayer to furnish information to ascertain the validity of the claims for credits made under this section and may adopt rules necessary to effectuate the purposes of this section pursuant to chapter 91.

Every qualified taxpayer, no later than March 31 of each year in which qualified costs were expended in the previous taxable year, shall submit a written, certified statement to the director of business, economic development, and tourism, in the form specified by the director of business, economic development, and tourism, identifying:

(1) Qualified costs, if any, expended in the previous taxable year;

(2) The amount of tax credits claimed pursuant to this section, if any, in the previous taxable year; and

(3) The tax liability under this chapter and chapters 237, 237D, 238, 239, 241, and 431 against which the tax credits are claimed.

Any other law to the contrary notwithstanding, a statement submitted under this subsection shall be a public document.

The department of business, economic development, and tourism shall maintain records of the names of taxpayers eligible for the credits and the total amount of qualified costs incurred in the six consecutive taxable years from January 1, 2004, through December 31, 2009. The department of business, economic development, and tourism shall verify all qualified

costs and, upon each determination, shall issue a certificate to the taxpayer certifying:

(1) The amount of the qualified costs; and

(2) The amount of tax credit that the taxpayer is allowed to use for the taxable year.

The department of business, economic development, and tourism shall certify no more than $ in credits in the aggregate for all taxpayers for each taxable year; provided that the department may verify qualified costs of no more than $        during the six consecutive taxable years from January 1, 2004, through December 31, 2009. The taxpayer shall file the certificate with the taxpayer's return with the department of taxation.

(i) As used in this section:

"Ko Olina Resort and Marina" means the six hundred forty-two acres reclassified to urban district by Decision and Order entered on September 12, 1985, in Docket A83-562, by the land use commission.

"Qualified costs" means any costs for plans, design, and construction, and costs for equipment that is permanently affixed to a building or structure, up to a total of $          in the aggregate, incurred after December 31, 2003, and before January 1, 2010, at Ko Olina Resort and Marina for the development of facilities for attractions and educational purposes, and for infrastructure within the Ko Olina Resort and Marina that is directly related to those facilities, including a world-class aquarium, marine science and mammal research facilities, international sports training complex, a travel industry management intern campus, infrastructure for the transfer of ocean waters to the aquarium or marine mammal facilities, or both, seawater air conditioning, and other educational facilities developed or operated in cooperation with the University of Hawaii or other educational institutions; provided that "qualified costs" shall not include land acquisition costs.

"Qualified taxpayer" means a person who fulfills the requirements of subsection (c)."

(j) The attractions and educational facilities tax credit may be claimed only upon a declaration by the governor. The governor shall issue a declaration allowing taxpayers to claim the attractions and educational facilities tax credit when general fund tax collections at the close of each of two successive fiscal years exceed 7.5 per cent of general fund tax collections for each of the prior two fiscal years. The director of taxation shall notify the governor of general fund tax collections at the close of every year."

SECTION 3. Section 235-2.45, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Section 704 of the Internal Revenue Code (with respect to a partner's distributive share) shall be operative for purposes of this chapter; except that section 704(b)(2) shall not apply to:

(1) Allocations of the high technology business investment tax credit allowed by section 235-110.9; [or]

(2) Allocations of net operating loss pursuant to section

235-111.5[.]; or

(3) Allocations of the attractions and educational facilities tax credit allowed by section 235- ."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act, upon its approval, shall apply to qualified costs, as defined in section 2 of this Act, incurred after December 31, 2003, and shall be repealed on January 1, 2009.