§237-30.5 - Collection of rental by third party; filing with department; statement required.
[§237-30.5] Collection of rental by third
party; filing with department; statement required. (a) Every person
authorized under an agreement by the owner of real property 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 number, and, if available, the general excise tax number of the owner
of the real property 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 GENERAL EXCISE TAXES MUST BE PAID ON
THE GROSS RENTS COLLECTED BY ANY PERSON RENTING REAL PROPERTY 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.
(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 thirty days after entering
into the agreement, or shall file a copy of federal Internal Revenue form 1099,
the property owner's social security number, and, if available, the general
excise tax license number of the owner of the property being rented with the
department of taxation at the same time as such forms must be filed with the
Internal Revenue Service.
(d) Every person authorized under an agreement
by the owner of real property located within this State to collect rent on
behalf of such owner within ninety days after the effective date of this
section shall furnish the department of taxation with the information required
in subsection (b) and in the case of federal form 1099 such form for the
taxable year 1983. 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). [L 1983, c 234, §2]