HOUSE OF REPRESENTATIVES |
H.B. NO. |
1042 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WITHHOLDING TAX.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 235-63, Hawaii Revised Statutes, is amended to read as follows:
"§235-63 Statements to employees. (a) Every employer required to deduct and
withhold any tax on the wages of any employee shall furnish to each employee in
respect of the employee's employment during the calendar year, on or before
January 31 of the succeeding year, or if the employee's employment is
terminated before the close of a calendar year, within thirty days after the
date of receipt of a written request from the employee if such thirty-day
period ends before January 31, a written statement, showing the period covered
by the statement, the wages paid by the employer to the employee during such
period, and the amount of the tax deducted and withheld or paid in respect of
such wages. Each such employer shall file
on or before [the last day of February] January 31 following the
close of the calendar year a duplicate copy of each such statement. The department of taxation may grant to any
employer a reasonable extension of time, not in excess of sixty days, with respect
to any statement required by this section to be furnished to an employee or
filed, and may by regulation provide for the furnishing or filing of statements
at such other times and containing such other information as may be required
for the administration of this chapter. The
department shall prescribe the form of the statement required by this section
and may adopt any federal form appropriate for the purpose.
(b) In regard to the statement required under
subsection (a), an employer that fails to:
(1) Furnish the
statement to the employee by the prescribed due date;
(2) File the
statement with the department by the prescribed due date; or
(3) Electronically
file the statement with the department if the employer is required to file
electronically under section 231-8.5;
shall be subject to a penalty of $25 per failure; provided that the penalty imposed under this section shall not exceed $50 per employee."
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 Statutory material to be repealed is bracketed and stricken.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: |
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BY REQUEST |
Report Title:
Withholding Tax
Description:
Amends the due date for employers to file the wage and tax statement from the last day of February to January 31 following the close of the calendar year. Imposes a penalty on employers that fail to timely furnish and file the wage and tax statement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.