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Selling Rental House in Hawaii

 

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Subject Author Date
Selling Rental House in Hawaii Bob 04-30-2008
Posted by Mark Bole on May 2, 2008, 7:30 pm
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scott s. wrote:
[...]
>>> If I, a resident of California, sell a rental house I own in
>>> Hawaii, what are the tax implications? [...]
>
> I think you will find that a non-resident selling real estate situate in
> the State of Hawaii is subject to a 5% witholding at time of closing.
> See form N-288. Actual tax liability is figured on the annual non-res
> individual tax return, N-15.


Five percent withholding of what? Sales price? Net taxable profit? Any
exceptions?

If anyone knows, I'm curious whether Hawaii will ask, based on the Form
N-15, where is the 4% excise tax on monthly rents you should have been
collecting and remitting all this time? (Hawaii has an excise tax in
lieu of sales tax, and it includes residential rents).

My question assumes that you have not actually been collecting and
remitting it, and also that you are most likely a landlord since you are
selling residential property as a non-resident (which is all the
information the state has to go on).

-Mark Bole

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Posted by scott s. on May 3, 2008, 10:27 am
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>
> Five percent withholding of what? Sales price? Net taxable profit?
> Any exceptions?

Katie provided the link to that, separately.
>
> If anyone knows, I'm curious whether Hawaii will ask, based on the
> Form N-15, where is the 4% excise tax on monthly rents you should
> have been collecting and remitting all this time? (Hawaii has an
> excise tax in lieu of sales tax, and it includes residential rents).
>
> My question assumes that you have not actually been collecting and
> remitting it, and also that you are most likely a landlord since you
> are selling residential property as a non-resident (which is all the
> information the state has to go on).

The resident return (N-11/N-12) has a line for your GET Id# and
gross income for Fed sked E amounts (among others). From time to time
PR releases end up in the paper to the effect that HI DoTax is going
to check for GET failure to pay. I believe the law requires a
non-resident to have a property manager in the State of Hawaii, at
least for residential rentals, and in my personal experience, the
property manager is going to pay the GET out of owner funds, prior to
providing any net to the property owner.

scott s.
..

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<< The foregoing was not intended or written to be used, >>
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<< that may be imposed upon the taxpayer. >>
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<< to this newsgroup as well as our anti-spamming policy >>
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Posted by Katie on May 2, 2008, 8:01 pm
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> If I, a resident of California, sell a rental house I own in Hawaii, what
> are the tax implications?  There will be gains (even in this real estate
> market) and recaptured depreciation.  Obviously there are federal tax
> obligations.  But will I also owe taxes both the the states of Hawaii and
> California?
>


As others have observed, as a California resident you will pay
California tax on the gain on the sale of the property; you will also
pay tax on the gain to Hawaii, because it is Hawaii source income.
California will give you credit for the tax you pay to Hawaii on the
gain, limited to the proportion of your California tax liability that
relates to that income. The credit is calculated on Form 540,
Schedule S.

Hawaii requires the purchaser to withhold 5% of the "total amount
realized from the sale." The amount withheld will be credited against
the tax due on your Hawaii nonresident income tax return. There are
some conditions under which withholding may be reduced or waived. See
Hawaii Tax Information Release 2002-2, http://hawaii.gov/tax/tir/tir02-02.pdf.

Katie in San Diego

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<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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