[§237D-8.5]  Collection of rental bythird party; filing with department; statement required.  (a)  Every personauthorized under an agreement by the owner of transient accommodations locatedwithin this State to collect rent on behalf of such owner shall be subject tothis section.

(b)  Every written rental collection agreementshall have on the first page of the agreement the name, address, socialsecurity or federal identification number, and, if available, the generalexcise tax license and transient accommodations tax registration numbers of theowner of the transient accommodations being rented, the address of the propertybeing rented, and the following statement which shall be set forth in boldprint and in ten-point type size:

"HAWAII TRANSIENT ACCOMMODATIONS TAXES MUSTBE PAID ON THE GROSS RENTS COLLECTED BY ANY PERSON RENTING TRANSIENTACCOMMODATIONS IN THE STATE OF HAWAII.  A COPY OF THE FIRST PAGE OF THISAGREEMENT, OR OF FEDERAL INTERNAL REVENUE FORM 1099 STATING THE AMOUNT OF RENTSCOLLECTED, SHALL BE FILED WITH THE HAWAII DEPARTMENT OF TAXATION."

Every person entering an oral rental collectionagreement shall furnish the department of taxation the information requiredunder this subsection and shall give the owner of the property a copy of thenotice required by this subsection.  The statement required by this subsectionmay be combined with the statement required under section 237-30.5 by adding inbold print and in ten-point type size to the front of the statement in section237-30.5 the following:

"HAWAIITRANSIENT ACCOMMODATIONS TAXES AND".

(c)  Every person authorized to collect rentfor another person shall file a copy of the first page of the rental collectionagreement with the department of taxation within ninety days after June 9, 1988,or within thirty days after entering into the agreement, or shall file a copyof federal Internal Revenue form 1099, the property owner's social security orfederal identification number, and, if available, the general excise taxlicense and transient accommodations tax registration numbers of the owner ofsuch property being rented with the department of taxation at the same time assuch forms must be filed with the Internal Revenue Service for the applicabletax year.  The person also shall notify the owner that such information isbeing furnished and give the owner a copy of the notice required by subsection(b).

(d)  If a person complies with the provisionsof this section, the person shall be deemed to have complied with section237-30.5. [L 1988, c 241, pt of §1]

 

Revision Note

 

  "June 9, 1988" substituted for "the effectivedate of this section".