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



(b)  Every written rental collection agreement
shall have on the first page of the agreement the name, address, social
security or federal identification number, and, if available, the general
excise tax license and transient accommodations tax registration numbers of the
owner of the transient accommodations being rented, the address of the property
being rented, and the following statement which shall be set forth in bold
print and in ten-point type size:



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



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



"HAWAII
TRANSIENT ACCOMMODATIONS TAXES AND".



(c)  Every person authorized to collect rent
for another person shall file a copy of the first page of the rental collection
agreement 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 copy
of federal Internal Revenue form 1099, the property owner's social security or
federal identification number, and, if available, the general excise tax
license and transient accommodations tax registration numbers of the owner of
such property being rented with the department of taxation at the same time as
such forms must be filed with the Internal Revenue Service for the applicable
tax year.  The person also shall notify the owner that such information is
being furnished and give the owner a copy of the notice required by subsection
(b).



(d)  If a person complies with the provisions
of this section, the person shall be deemed to have complied with section
237-30.5. [L 1988, c 241, pt of §1]



 



Revision Note



 



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