§239-7  Assessments; payments; chapter 235
applicable.  (a) The tax imposed by this chapter shall be assessed against
each public service company in the manner provided by this chapter, and shall
be paid to the department of taxation at the times and in the manner (in
installments or otherwise) provided by this section, except as provided in
section 239-5(a), where there is levied and assessed a tax in excess of four
per cent upon gross income, the revenues generated from the tax in excess of
the four per cent rate shall be paid to the respective county director of
finance at the times and in the manner (in installments or otherwise) provided
by this section.



(b)  The total amount of the tax imposed by
this chapter shall be paid on or before the twentieth day of the fourth month
following the close of the taxable year.  The public service company may elect
to pay the tax in four equal installments, in which case the first installment
shall be paid on or before the twentieth day of the fourth month following the
close of the taxable year, the second installment shall be paid on or before
the twentieth day of the sixth month following the close of the taxable year,
the third installment shall be paid on or before the twentieth day of the ninth
month following the close of the taxable year, and the fourth installment shall
be paid on or before the twentieth day of the twelfth month following the close
of the taxable year.  Notwithstanding the preceding, if the total tax liability
under this chapter for the taxable year exceeds $100,000, the taxes so levied
shall be payable in twelve equal installments, in which case the first
installment shall be paid on or before the tenth day of the first month
following the close of the taxable year, and the remaining installments shall
be paid on or before the tenth day of each calendar month after such date.  If
any installment is not paid on or before the date fixed for its payment, the
department or the county director of finance as to payments due the county
under section 239-5(a), at the election of the department or the county
director, may cause the balance of the tax unpaid to become payable upon not
less than ten days' notice and demand, and this amount shall be paid upon the
date so fixed in the notice and demand from the department or the county
director of finance as to payments due to the county.



(c)  The department shall prescribe the forms
in which returns shall be made so as to reflect clearly the liability of each
public service company subject to this tax, and may provide in the forms for
such additional information as it may deem necessary.  All provisions of the
laws, not inapplicable and not inconsistent with this chapter, relating to
returns for income tax purposes, the assessment (including additional assessments),
collection, and payment (in installments or otherwise) of income taxes and the
powers and duties of the department and the state director of finance in
connection therewith, and relating to appeals from or other adjustments of such
assessments, limitation periods for assessments, enforcement of attendance of
witnesses, and the production of evidence, examination of witnesses and
records, the effect of assessments, tax books, and lists and other official tax
records as evidence, delinquent dates and penalties, and the rights and
liabilities (civil and criminal) of taxpayers and other persons in connection
with any matters dealt with by chapter 235, are made applicable (1) to the
taxes and the assessment, payment, and collection thereof, provided by this
chapter, and (2) to the department and the state director of finance in
connection with the taxes and the assessment, payment, or enforcement of
payment and collection thereof, and (3) to taxpayers and other persons affected
by this chapter, as the case may be.  The provisions of chapter 235 regarding
the limitation period for assessment and refunds shall run from the filing of
the return for the taxable year, or the due date prescribed for the filing of
the return, whichever is later.  With respect to payments due to a county of
the revenues generated from the tax in excess of the four per cent rate imposed
under section 239-5(a), a county director of finance shall be afforded such
rights and procedures of the department in the enforcement of payment and
collection of the taxes assessed and levied under this chapter. [L 1932 2d, c
43, §5; RL 1935, §2144; RL 1945, §5675; RL 1955, §126-6; am L 1959, c 277, §16;
am L Sp 1959 2d, c 1, §§14, 16; am L 1963, c 114, §1 and c 147, §2(g); HRS
§239-7; am L 1991, c 25, §2; am L 1992, c 38, §2; am L 2001, c 64, §4]



 



Case Notes



 



  Claim for refund starts to run from due date of any quarterly
payment.  68 H. 391, 716 P.2d 1138.