Hawaii law lets housing credit recipients transfer credits
Hawaii law lets partnerships and limited liability companies pass housing tax credits to any taxpayer, and sets December 31, 2032, as the provisions' repeal date.
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What it does
A partnership or limited liability company that receives a low-income housing tax credit may pass it on or transfer, sell, or assign some or all of it to any taxpayer, even one with no stake in the building.
The law sets December 31, 2032, as the repeal date for these credit provisions. It also says the subsection (b) amendments stay in place when the section is reenacted that day.
Argument forHousing developers could transfer credits to taxpayers who can use them, even when those taxpayers have no stake in the building.
Argument againstTaxpayers with no stake in a building could receive its credits, which might make the link between the tax break and the housing investment less direct.
More detail
A partnership or limited liability company that receives a credit may pass it on or transfer, sell, or assign some or all of it to any taxpayer. The taxpayer receiving the credit need not have a direct or indirect stake in the qualified low-income building. The partnership or limited liability company must first have been allocated the credit. The entity must notify the Department of Taxation of a transfer, sale, or assignment by the twentieth day of the first month after the taxable year for which the credit may be claimed. The entity must report a transfer, sale, or assignment by the twentieth day of the first month after the taxable year for which the credit may be claimed.
The law sets December 31, 2032, as the repeal date for the credit provisions and says the amendments to subsection (b) remain when that section is reenacted. This applies to Hawaii's low-income housing tax credit provisions in section 235-110.8. The act took effect July 1, 2026, and applies to taxable years beginning after December 31, 2025. The stated repeal date is December 31, 2032.
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Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 30-26).
Apr 2948 Hrs. Notice (as amended CD 1) 05-01-26
Apr 28The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Chang, Hashimoto, Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
Apr 28The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Evslin, Miyake, Muraoka; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
Apr 27Conference Committee Meeting will reconvene on Tuesday 04-28-26 10:05AM in conference room 224.
Apr 24Conference Committee Meeting will reconvene on Monday 04-27-26 10:05AM in conference room 224.
Apr 23Bill scheduled for Conference Committee Meeting on Friday, 04-24-26 10:05AM in conference room 224.
Apr 20Received notice of appointment of House conferees (Hse. Com. No. 786).Minor
Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
Apr 16House disagrees with Senate amendment (s).Minor
Apr 14Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
Vote recorded Report adopted; Passed Third Reading, as amended (SD 2). Result: pass.Upper
Apr 14Returned from Senate (Sen. Com. No. 641) in amended form (SD 2).
Apr 10Reported from WAM (Stand. Com. Rep. No. 3719) with recommendation of passage on Third Reading, as amended (SD 2).
Apr 1048 Hrs. Notice 04-14-26.
Apr 8The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Apr 6The committee(s) on WAM will hold a public decision making on 04-08-26 10:02AM; Conference Room 211 & Videoconference.
Mar 30Reported from HOU (Stand. Com. Rep. No. 3276) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.Minor
Mar 24The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 5 Aye(s): Senator(s) Chang, Hashimoto, Elefante, Rhoads, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
Vote recorded The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Mar 19The committee on HOU will reconsider its previous decision on 03-17-26 and will hold a public decision making on 03-24-26 1:06PM; Conference Room 225 & Videoconference.
Mar 17The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 4 Aye(s): Senator(s) Chang, Hashimoto, Elefante, Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.Minor
Vote recorded Reconsider: The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Mar 12The committee(s) on HOU has scheduled a public hearing on 03-17-26 1:05PM; Conference Room 225 & Videoconference.
Mar 10Referred to HOU, WAM.Minor
Mar 6Received from House (Hse. Com. No. 62).Minor
Mar 6Passed First Reading.Minor
Mar 5Reported from FIN (Stand. Com. Rep. No. 859-26), recommending passage on Third Reading.
Vote recorded Passed Third Reading. Result: pass.Lower
Mar 5Passed Third Reading with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Perruso excused (1). Transmitted to Senate.Passed House
Mar 2The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Alcos.Minor
Vote recorded The committee on FIN recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
Feb 27The committee(s) on FIN recommend(s) that the measure be deferred until 03-02-26.Minor
Feb 27Bill scheduled for decision making on Monday, 03-02-26 10:00AM in conference room 308 VIA VIDEOCONFERENCE.
Feb 24Bill scheduled to be heard by FIN on Friday, 02-27-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
Feb 19Reported from HSG (Stand. Com. Rep. No. 575-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN. Result: pass.Lower
Feb 19Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and none excused (0).Minor
Feb 11The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Evslin, Miyake, Cochran, Grandinetti, Kila, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: none; Noes: none; and Excused: none.Minor
Vote recorded The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
Feb 6Bill scheduled to be heard by HSG on Wednesday, 02-11-26 9:00AM in House conference room 430 VIA VIDEOCONFERENCE.