§235-55.85  Refundable food/excise taxcredit.  (a)  Each resident individual taxpayer, who files an individualincome tax return for a taxable year, and who is not claimed or is nototherwise eligible to be claimed as a dependent by another taxpayer for federalor Hawaii state individual income tax purposes, may claim a refundablefood/excise tax credit against the resident taxpayer's individual income taxliability for the taxable year for which the individual income tax return isbeing filed; provided that a resident individual who has no income or no incometaxable under this chapter and who is not claimed or is not otherwise eligibleto be claimed as a dependent by a taxpayer for federal or Hawaii stateindividual income tax purposes may claim this credit.

(b)  Each resident individual taxpayer mayclaim a refundable food/excise tax credit multiplied by the number of qualifiedexemptions to which the taxpayer is entitled in accordance with the tablebelow; provided that a husband and wife filing separate tax returns for ataxable year for which a joint return could have been filed by them shall claimonly the tax credit to which they would have been entitled had a joint returnbeen filed.

Adjusted gross income Credit perexemption

Under $5,000 $85

$5,000 under $10,000 75

$10,000 under $15,000 65

$15,000 under $20,000 55

$20,000 under $30,000 45

$30,000 under $40,000 35

$40,000 under $50,000 25

$50,000 and over 0

(c)  For the purposes of this section, aqualified exemption is defined to include those exemptions permitted under thischapter; provided that no additional exemption may be claimed by a taxpayer whois sixty-five years of age or older; provided that a person for whom exemptionis claimed has physically resided in the State for more than nine months duringthe taxable year; and provided further that multiple exemptions shall not begranted because of deficiencies in vision or hearing, or other disability.  Forpurposes of claiming this credit only, a minor child receiving support from thedepartment of human services of the State, social security survivor's benefits,and the like, may be considered a dependent and a qualified exemption of theparent or guardian.

(d)  The tax credit under this section shallnot be available to:

(1)  Any person who has been convicted of a felony andwho has been committed to prison and has been physically confined for the fulltaxable year;

(2)  Any person who would otherwise be eligible to beclaimed as a dependent but who has been committed to a youth correctionalfacility and has resided at the facility for the full taxable year; or

(3)  Any misdemeanant who has been committed to jailand has been physically confined for the full taxable year.

(e)  The tax credits claimed by a residenttaxpayer pursuant to this section shall be deductible from the residenttaxpayer's individual income tax liability, if any, for the tax year in whichthey are properly claimed.  If the tax credits claimed by a resident taxpayerexceed the amount of income tax payment due from the resident taxpayer, theexcess of credits over payments due shall be refunded to the resident taxpayer;provided that tax credits properly claimed by a resident individual who has noincome tax liability shall be paid to the resident individual; and providedfurther that no refunds or payment on account of the tax credits allowed bythis section shall be made for amounts less than $1.

(f)  All claims for tax credits under thissection, including any amended claims, shall be filed on or before the end ofthe twelfth month following the close of the taxable year for which the creditsmay be claimed.  Failure to comply with the foregoing provision shallconstitute a waiver of the right to claim the credit.

(g)  For the purposes of this section,"adjusted gross income" means adjusted gross income as defined by theInternal Revenue Code. [L 1998, c 157, §1; am L 2007, c 211, §1]

 

Note

 

  The 2007 amendment applies to taxable years beginning afterDecember 31, 2007.  L 2007, c 211, §3.