Albatross · Data Catalog

Hawaii

HI · state · 20 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)ESCAPES: a NV-trusteed, NV-administered ING is a nonresident trust taxed only on HI-source income (retained intangible gain is not). PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed
sources (3)
HRS Sec. 235-1 (resident trust: fiduciary residence or in-state administration) · high confidence · as of 2026-07-13 · TY 2026
Hawaii trust residency follows the fiduciary or the place of administration
'Resident trust' means a trust of which the fiduciary is a resident of the State or the administration of which is carried on in the State.
https://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf
IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026
IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c).
Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelim
IRC §665(c) · high confidence · as of 2026-07-13 · TY 2026
IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust
(1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust.
Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim
conformityFederal conformity / capital-gains baseStatic-date IRC conformity, advanced annually: HRS 235-2.3 adopts the IRC as amended to December 31, 2024 (TY2025)
sources (1)
HRS §235-2.3 · high confidence · as of 2026-07-03 · TY 2025
Hawaii adopts the IRC as amended to December 31, 2024 for tax years beginning after December 31, 2024
For all taxable years beginning after December 31, 2024, as used in this chapter, except as provided in this section and sections 235-2.35, 235-2.4, and 235-2.45, "Internal Revenue Code" means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2024, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income.
Note: Fixed-date conformity advanced each year by the legislature (operative date Dec 31, 2024 for TY2025). HRS 235-2.45 supplies operative dates for the §641-7518 range (incl. §1202 QSBS).
https://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf
rateTop income tax rate (through TY2024)11.00% on taxable income over $400,000 MFJ (12-bracket graduated schedule; lowest bracket 1.4%)
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HRS §235-51; Hawaii 2024 N-11 Instructions, Tax Rate Schedules (page 48) · medium confidence · as of 2026-07-02 · TY 2024
Hawaii top income tax rate 11% on income over $400,000 MFJ (TY2024); 12-bracket graduated schedule
Over $200,000 ................ $16,379 plus 11.00% over $200,000 ... Over $400,000 ................ $32,757 plus 11.00% over $400,000
Note: Quoted from the TY2024 N-11 Tax Rate Schedules. Act 46 (SLH 2024) widens the brackets for TY2025, 2027, and 2029; the $400,000 MFJ top threshold applies through TY2024 only.
https://files.hawaii.gov/tax/forms/2024/n11ins.pdf
rateTop income tax rate (TY2025-2026, Act 46 widened brackets)11.00% on taxable income over $650,000 MFJ / $325,000 single (Act 46, SLH 2024; 12-bracket schedule, lowest bracket 1.4%); next widening TY2027
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Hawaii DOTAX Announcement 2024-03 (Act 46, SLH 2024); HRS §235-51 · medium confidence · as of 2026-07-03 · TY 2025
Hawaii TY2025-2026: 11% top rate applies over $650,000 MFJ / $325,000 single (Act 46 bracket widening)
Act 46 also amends the income tax brackets by increasing the income limits in each bracket, with amendments taking effect in tax years 2025, 2027, and 2029 ... Over $650,000 ... $51,932 plus 11% of excess over $650,000
Note: The announcement's TY2026 note: 'The income tax brackets will be the same as in tax year 2025.' The next widening takes effect TY2027; encode it from the Act 46 schedule when TY2027 opens.
https://files.hawaii.gov/tax/news/announce/ann24-03.pdf
characterNet capital gain rate7.25% preferential rate on Hawaii net long-term capital gain (Tax on Capital Gains Worksheet, N-11 page 33)
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Hawaii 2024 N-11 Instructions, Tax on Capital Gains Worksheet (page 33, line 16) · high confidence · as of 2026-06-22 · TY 2025
Hawaii net long-term capital gain taxed at 7.25% (preferential rate; N-11 Tax on Capital Gains Worksheet)
Line 16. Multiply line 14 by 7.25% (.0725) and enter the result. Note: If your taxable income is $48,000 ($24,000 for Single, and Married Filing Separately; or $36,000 for Head of Household classifications) or under, do not use this worksheet.
Note: Hawaii Form N-11 capital gains worksheet (page 33, line 16) applies 7.25% rate to Hawaii net long-term capital gains when income exceeds $48,000 MFJ / $24,000 single thresholds. Verbatim text from the worksheet instruction line.
https://files.hawaii.gov/tax/forms/2024/n11ins.pdf
carryforwardCapital-loss carryforward limit5 years (15 for a qualified high-tech business)
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HRS sec. 235-2.45(f) · medium confidence · as of 2026-06-18 · TY 2025
Hawaii limits the IRC sec. 1212(a) capital-loss carryforward to five years
the capital loss carryforward allowed by section 1212(a) shall be limited to five years; except for a qualified high technology business as defined in section 235-7.3, which shall be limited to fifteen years.
Note: Carrybacks under sec. 1212 are not operative in Hawaii. The 15-year window is QHTB-only. URL resolves to the full HRS Chapter 235 PDF; §235-2.45(f) is within this chapter.
https://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf
muni-instateIn-state muni bond interestExempt: HRS §235-7 exempts interest on Hawaii state and local obligations from Hawaii income
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HRS §235-7 · medium confidence · as of 2026-06-18 · TY 2025
HI exempts HI-issued bonds; out-of-state muni bond interest is taxable per HRS §235-7
If you received interest from bonds issued by another State, or a county, city, or political subdivision of another State, this interest must be included in your Hawaii income.
Note: HRS §235-7; Hawaii Form N-11 Instructions. HI bonds exempt; other states' muni bonds are taxable Hawaii income. Confidence medium: quote is from form instructions PDF, not directly from the HRS §235-7 statute text at the legislature URL.
https://files.hawaii.gov/tax/forms/current/n11ins.pdf
muni-outstateOut-of-state muni bond interestTaxable: HRS §235-7 interest from bonds of another state must be included in Hawaii income
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HRS §235-7 · medium confidence · as of 2026-06-18 · TY 2025
HI exempts HI-issued bonds; out-of-state muni bond interest is taxable per HRS §235-7
If you received interest from bonds issued by another State, or a county, city, or political subdivision of another State, this interest must be included in your Hawaii income.
Note: HRS §235-7; Hawaii Form N-11 Instructions. HI bonds exempt; other states' muni bonds are taxable Hawaii income. Confidence medium: quote is from form instructions PDF, not directly from the HRS §235-7 statute text at the legislature URL.
https://files.hawaii.gov/tax/forms/current/n11ins.pdf
qoz-conformityQOZ conformity (IRC §1400Z-2)Partial conformity: Hawaii conforms to IRC §1400Z-2 only for QOF investments in Hawaii-designated opportunity zones; federal QOF investments in non-Hawaii zones receive no Hawaii QOZ tax benefit
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HRS Ch. 235 (SB1130 SLH 2019) · medium confidence · as of 2026-07-20 · TY 2025
Hawaii partially conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
Subchapter Z (sections 1400Z-1 to 1400Z-2) (with respect to opportunity zones) shall be operative for purposes of this chapter; except that for purposes of this chapter, subchapter Z shall only apply to qualified opportunity zones, as defined in section 1400Z-1, that are designated as such by the chief executive officer of this State.
Note: HRS §235-2.45 makes IRC Subchapter Z (§§1400Z-1 to 1400Z-2) operative for Hawaii but limits it to opportunity zones designated by the State's chief executive officer, so federal QOF investments in non-Hawaii zones get no Hawaii QOZ treatment. A prior version of this fact quoted a 'qualified opportunity zone tax incentive program administered by DBEDT' sentence that does not appear in HRS Ch. 235 (verified by extracting the full chapter PDF); corrected to the §235-2.45 conformity clause.
https://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf
qsbs-conformityQSBS conformity (IRC §1202)Partial conformity: Hawaii conforms to IRC §1202 but the 75% and 100% exclusion tiers (§1202(a)(3) and §1202(a)(4)) are inoperative; only the original 50% exclusion under §1202(a)(1) applies regardless of acquisition date
sources (1)
HRS §235-2.45(e) · medium confidence · as of 2026-07-03 · TY 2025
Hawaii partially conforms to IRC §1202 QSBS exclusion; 75% and 100% tiers inoperative
Section 1202 (with respect to partial exclusion for gain from certain small business stock) shall be operative for purposes of this chapter, except that section 1202(a)(3) and (4) shall not be operative
Note: Hawaii HRS §235-2.45(e) conforms to IRC §1202 but makes §1202(a)(3) and §1202(a)(4) (the 75% and 100% exclusion tiers) inoperative; only the original 50% exclusion tier applies in Hawaii regardless of acquisition date. URL resolves to the full HRS Chapter 235 PDF.
https://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf
agency-obligationsFNMA/FHLMC bond interestTaxable: HRS §235-7(a) subtraction requires interest be 'exempt from state income taxes under the laws of the United States' (per TIR 84-1 framework); FNMA/FHLMC have no federal bondholder exemption statute
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Hawaii Form N-11 Instructions (current year), Interest Income section · medium confidence · as of 2026-07-04 · TY 2025
Hawaii FNMA and FHLMC bond interest is taxable: HRS §235-7(a) exempts only interest exempt under federal law; FNMA/FHLMC have no federal bondholder exemption
If you reported for federal purposes any interest received on federal obligations, including Treasury bills and notes and U.S. Savings Bonds, enter the amount of that interest on line a of the Hawaii Subtractions Worksheet. For more information about what kinds of obligations should be reported here, see Tax Information Release No. 84-1, "Taxability of Interest on U.S. Obligations."
Note: The Hawaii N-11 subtraction for federal-obligation interest is limited to genuine federal obligations (Treasury bills/notes, U.S. Savings Bonds) and points to TIR 84-1 for what qualifies. FNMA/FHLMC bonds are not federal obligations exempt under federal law (no bondholder-exemption statute), so their interest is not subtractable and remains taxable in Hawaii under HRS 235-7(a). Confidence medium: the N-11 quote establishes the limited subtraction set; the FNMA/FHLMC-specific taxability follows from TIR 84-1, not verbatim from the N-11 itself. Verbatim extracted from the live n11ins.pdf on 2026-07-04.
https://files.hawaii.gov/tax/forms/current/n11ins.pdf
dividend-qualifiedQualified dividend rate (IRC §1(h)(11))Ordinary rate: Hawaii has no IRC §1(h)(11) preferential rate; qualified dividends taxed at ordinary rates up to 11%; the 7.25% CG worksheet applies only to net long-term capital gains from asset sales
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HRS §235-51; Hawaii 2024 N-11 Instructions, Tax Rate Schedules (page 48) · medium confidence · as of 2026-07-02 · TY 2024
Hawaii top income tax rate 11% on income over $400,000 MFJ (TY2024); 12-bracket graduated schedule
Over $200,000 ................ $16,379 plus 11.00% over $200,000 ... Over $400,000 ................ $32,757 plus 11.00% over $400,000
Note: Quoted from the TY2024 N-11 Tax Rate Schedules. Act 46 (SLH 2024) widens the brackets for TY2025, 2027, and 2029; the $400,000 MFJ top threshold applies through TY2024 only.
https://files.hawaii.gov/tax/forms/2024/n11ins.pdf
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
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31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Hawaii income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
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12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Hawaii income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years; note Hawaii also caps the carryforward to 5 years per HRS §235-2.45(f)
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IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
estate-rateEstate tax top marginal rate (TY2025)10% to 20% graduated; top 20% on the net taxable estate over $10,000,000 (HRS § 236E-8)
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HRS § 236E-8 · high confidence · as of 2026-07-19 · TY 2025
Hawaii estate tax graduated schedule: top marginal rate 20% on the net taxable estate over $10,000,000
Over $10,000,000 $1,385,000 plus 20% of the amount by which the Hawaii net taxable estate exceeds $10,000,000.
Note: Verbatim from the HRS § 236E-8 schedule (decedents dying after January 25, 2012). The 10% bottom bracket rises through the schedule to a 20% top marginal rate on the portion of the Hawaii net taxable estate over $10,000,000. Corrects a prior encode of 16%, which was never in the statute.
https://data.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0236E/HRS_0236E-0008.htm
estate-exemptionEstate tax exclusion (TY2025)$5,490,000; frozen to federal unified credit as of December 21, 2017 under HRS § 236E-6; does not track post-2017 federal increases
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HRS § 236E-6; Hawaii DOTAX Form M-6 Instructions (2025) · high confidence · as of 2026-06-21 · TY 2025
Hawaii estate tax exclusion: $5,490,000, frozen to the IRC as of Dec 21, 2017
the applicable exclusion amount equal to the exemption equivalent of the unified credit on the decedent's federal estate tax return as set forth for the decedent in chapter 11 of the Internal Revenue Code as amended as of December 21, 2017, as if the decedent died on December 31, 2017
Note: Hawaii exclusion is frozen to the IRC as of Dec 21, 2017 (not updated for post-TCJA federal increases). TY2025 exclusion is $5,490,000 per Hawaii DOTAX Form M-6 instructions. The graduated rate schedule is a separate provision, HRS § 236E-8 (see HI_ESTATE_RATE).
https://data.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0236E/HRS_0236E-0006.htm
filing-status-doubledMFJ brackets double Single bracketsYes: HRS §235-51 rate schedules set MFJ bracket thresholds at exactly double Single thresholds at every bracket boundary (marriage neutral on graduated schedule)
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Hawaii Tax Rate Schedules (effective for taxable years beginning after Dec 31, 2017), tax.hawaii.gov · medium confidence · as of 2026-07-02 · TY 2025
Hawaii income tax: MFJ bracket thresholds double Single thresholds; same marginal rates at each corresponding bracket
Over $200,000 ................ $16,379 plus 11.00% over $200,000 ... Over $400,000 ................ $32,757 plus 11.00% over $400,000
Note: HRS §235-51 provides separate rate schedules: the quoted top rows show Schedule I (single, over $200,000) and Schedule II (MFJ, over $400,000); the MFJ threshold is exactly double the single threshold at the same 11% marginal rate, and the base tax ($32,757) is 2x the single base ($16,379, rounding aside).
https://tax.hawaii.gov/forms/d_18table-on/d_18table-on_p13/
marital-udcprdaUniform Disposition of Community Property Rights at Death Act (UDCPRDA)Yes: HRS §§510-21 to 510-30 preserves community property character of assets acquired in CP states at death of a Hawaii resident (enacted 1973); surviving spouse retains one-half CP interest
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HRS §§510-21 to 510-30, Part II (L 1973, c 132; 1971 uniform act) · high confidence · as of 2026-06-22 · TY 2025
Hawaii adopted UDCPRDA (Uniform Disposition of Community Property Rights at Death Act) in 1973
This part applies to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated: (A) Which was acquired as or became, and remained, community property under the laws of another jurisdiction.
Note: Hawaii enacted UDCPRDA in 1973 (L 1973, c 132; 1971 original uniform act). Protects community property character of assets acquired in community property states when a couple moves to Hawaii.
https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0510/HRS_0510-0021.htm
migration-loss-conformityMigration loss carryforward conformityFull conform: Hawaii conforms to imported Schedule D federal carryforward bank, but caps the carryforward to 5 years per HRS § 235-2.45(f).
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HRS sec. 235-2.45(f) · medium confidence · as of 2026-06-18 · TY 2025
Hawaii limits the IRC sec. 1212(a) capital-loss carryforward to five years
the capital loss carryforward allowed by section 1212(a) shall be limited to five years; except for a qualified high technology business as defined in section 235-7.3, which shall be limited to fifteen years.
Note: Carrybacks under sec. 1212 are not operative in Hawaii. The 15-year window is QHTB-only. URL resolves to the full HRS Chapter 235 PDF; §235-2.45(f) is within this chapter.
https://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf