Hawaii State Tax Workshop for Nonresident Aliens

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Nonresident Alien
State of Hawaii Tax Workshop
 
 
University of Hawaii
F-1 State of Hawaii Tax Workshop
March
 
16
, 2017
 
Major Differences: Federal & Hawaii
 
o
Nonresident aliens pay tax on Hawaii source income.
 
Similarities: Federal & Hawaii
 
1.
Lived in Hawaii for more than 200 days in a calendar
year; 
and
 (for nonresident aliens)
 
2.
Established “domicile” in Hawaii.  Domicile means the
place where an individual has a true, fixed, permanent
home and principal establishment; it is the place where
an individual has voluntarily fixed the habitation of
himself or herself and family.
 
Hawaii Resident for
 
Tax Purposes?
 
3.
To create new (Hawaii) domicile, 3 things are necessary:
 
a.
Abandonment of old domicile;
b.
Intent to establish new domicile; and
c.
Actual physical presence in the new domicile.
 
Hawaii Resident for
 
Tax Purposes? (continued)
 
Domiciliary Resident:
o
U.S. citizen or resident who lived in Hawaii for more than
200 days during a year.
o
In Hawaii for other than a temporary or transitory purpose.
 
Non-Domiciliary Resident:
o
U.S. citizen or resident who lived in Hawaii for less than 200
days in year; 
or
o
Foreign student on “F” visa; 
or
o
Anyone who can prove his/her domicile is outside of Hawaii.
(Refer back to the definition of “domicile”.  H, J, and Q visas
may be considered residents.)
 
Hawaii Residency Classification
 
 
Who Must File
 (Individuals under 65)
 
 
Who Must File
 (Nonresident Aliens under 65)
 
*Due to disallowance of standard deduction of $2,200. See
Form N-15 Instructions, page 4.
 
o
If you have Hawaii income taxes withheld, you should file a
Hawaii tax return even if your gross income is below the
threshold level for your marital status.
 
o
The reason is that you will get a refund of the state taxes
withheld.
 
Who Must File
 (continued)
 
1.
Use 
Form N-11 
if you are a full-year resident filing a
federal return. (note: Form N-13 obsolete for 2016)
 
 
 
2.   Use 
Form N-15 
if you are a nonresident or a part-year
resident. You must attach a completed copy of your federal
return. (Deductions and exemptions are limited.)
 
Which
 Form Should I Use?
 
Forms 
N-11 
report gross income worldwide, may allow
exemptions for dependents, and may qualify for low income
credits.
 
Form 
N-15
 (nonresident or part-year resident) requires
attachment of completed federal return.  Nonresident is
taxed on Hawaii source income only and may exclude most
intangible income.  Hawaii source deductions are allowed in
full; other deductions are prorated.  Personal exemption(s)
is/are prorated. (Part-year resident must follow the rule for
each period.)
 
Differences between the N-11 & N-15
 
1.
Fill in amounts under Col. A-Total Income for each type
and similarly for Col. B.
2.
Minus any adjustments (i.e. IRA  contributions, moving
expenses, etc.).
3.
Calculate ratio of Hawaii AGI to Total AGI.
4.
Calculate itemized deductions.
5.
Use ratio to figure out prorated itemized deductions and
personal exemptions.
6.
Calculate taxable income and use tax table to figure out
Hawaii tax.
 
 
Hawaii 
Income Tax
 Procedures:
 Form N-15
 
1.
Start with Federal Adjusted Gross Income (AGI).
2.
Add or subtract any Hawaii adjustment to federal AGI.
3.
Figure out any itemized deduction or use standard
deductions.
4.
Subtract itemized deduction or standard deductions from
Hawaii AGI.
5.
Subtract personal exemption to arrive at Hawaii taxable
income.
6.
Look for tax amount in tax table that corresponds to
Hawaii taxable income.
7.
Compare tax from tax table with state taxes paid or
withheld to calculate refund or tax due.
 
Hawaii 
Income Tax
 Procedures:
 Form N-11
 
o
Deadline:
 Hawaii tax returns are due on 
April 20, 2017
.
 
o
Mailing addresses:
If you will submit a return 
with payment
, mail both to:
 
Hawaii Department of Taxation
 
Attn: Payment Section
 
P.O. Box 1530
 
Honolulu, HI 96806-1530
 
If you will submit only a return & 
no payment
, mail it to:
 
Hawaii Department of Taxation
 
P.O. Box 3559
 
Honolulu, HI 96811-3559
 
 
 
 
Hawaii Filing Deadline & Mailing Addresses
 
o
Do not use the federal extension form.
 
o
Tax extension (6 months
): Automatic – no form needs to be
filed unless you owe a payment.  If you are making a
payment, then Form N-101A and payment must be sent by
due date of 
April 20
th
.
 
Extension of Hawaii 
Filing Deadline
 
o
Underpayment
Penalty is imposed if 90% of tax is not paid by
withholding, tax liability exceeds $500, 
and
 there was
liability in the prior year.  Calculated on Form N-210
(8% per year, by days).
 
o
Failure to pay
Penalty is imposed on any tax payable more than 60
days after April 20
th
. Amount of penalty is up to 20%
(full 20% imposed) plus interest at 8%.
 
Penalties: Return Filed by April 20th
 
o
Underpayment & failure to pay
Same as previous slide.
 
o
Failure to file penalty
Penalty of 5% per month on amounts not paid by
April 20th, maximum of 25% per year, interest at 8%
(2/3 of 1% per month) on tax and penalty. Does not
apply if extension rules are followed precisely.
 
Penalties: Return Filed after April 20th
 
Samples of Tax Returns
 
**See exercise slides**
 
o
After completing your tax return, check it to make sure it is
correct.  Check every line.  Review  your math.  Check tax
table to ensure correct tax is calculated.
o
Sign and date your return.
o
Attach all required forms (i.e. W-2, 1042-S) and schedules.
o
Due date:  April 20, 2017 (unless you got an extension)
o
Mail to:  See addresses in previous slide.
 
Final Steps
 
o
This presentation is intended to provide general information
on preparing a Hawaii tax return.
o
The University of Hawaii does not provide personal
assistance with individual tax return preparation.
o
Please consult with your tax advisor if you need further
assistance.
 
Disclaimer
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This overview delves into the nuances of Hawaii state tax regulations, focusing on key differences and similarities with federal tax laws. It covers residency classifications, filing requirements, domicile establishment, and the criteria for Hawaii residents for tax purposes. Whether you are a domiciliary or non-domiciliary resident, understanding these details is crucial for complying with Hawaii tax regulations.

  • Hawaii tax
  • Nonresident alien
  • State tax workshop
  • Residency classification
  • Filing requirements

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  1. Nonresident Alien State of Hawaii Tax Workshop University of Hawaii F-1 State of Hawaii Tax Workshop March 16, 2017

  2. Major Differences: Federal & Hawaii Federal Hawaii Tax treaties None Green card test None Substantial Presence Test 200-day test (depends)

  3. Similarities: Federal & Hawaii Federal Hawaii Filing status Same Dependency exemption Same Resident tax on worldwide income Same o Nonresident aliens pay tax on Hawaii source income.

  4. Hawaii Resident for Tax Purposes? 1. Lived in Hawaii for more than 200 days in a calendar year; and (for nonresident aliens) 2. Established domicile in Hawaii. Domicile means the place where an individual has a true, fixed, permanent home and principal establishment; it is the place where an individual has voluntarily fixed the habitation of himself or herself and family.

  5. Hawaii Resident for Tax Purposes? (continued) 3. To create new (Hawaii) domicile, 3 things are necessary: a. b. c. Abandonment of old domicile; Intent to establish new domicile; and Actual physical presence in the new domicile.

  6. Hawaii Residency Classification Domiciliary Resident: o U.S. citizen or resident who lived in Hawaii for more than 200 days during a year. o In Hawaii for other than a temporary or transitory purpose. Non-Domiciliary Resident: o U.S. citizen or resident who lived in Hawaii for less than 200 days in year; or o Foreign student on F visa; or o Anyone who can prove his/her domicile is outside of Hawaii. (Refer back to the definition of domicile . H, J, and Q visas may be considered residents.)

  7. Who Must File (Individuals under 65) Filing Status Gross Income of Married filing separately $3,344 Single or legally separated $3,344 Single, head of household $4,356 Qualifying widow(er) with a child $5,544 Married couple filing jointly $6,688

  8. Who Must File (Nonresident Aliens under 65) Filing Status Gross Income of Married filing separately $1,144* Single or legally separated $1,144* *Due to disallowance of standard deduction of $2,200. See Form N-15 Instructions, page 4.

  9. Who Must File (continued) o If you have Hawaii income taxes withheld, you should file a Hawaii tax return even if your gross income is below the threshold level for your marital status. o The reason is that you will get a refund of the state taxes withheld.

  10. Which Form Should I Use? 1. Use Form N-11 if you are a full-year resident filing a federal return. (note: Form N-13 obsolete for 2016) 2. Use Form N-15 if you are a nonresident or a part-year resident. You must attach a completed copy of your federal return. (Deductions and exemptions are limited.)

  11. Differences between the N-11 & N-15 Forms N-11 report gross income worldwide, may allow exemptions for dependents, and may qualify for low income credits. Form N-15 (nonresident or part-year resident) requires attachment of completed federal return. Nonresident is taxed on Hawaii source income only and may exclude most intangible income. Hawaii source deductions are allowed in full; other deductions are prorated. Personal exemption(s) is/are prorated. (Part-year resident must follow the rule for each period.)

  12. Hawaii Income Tax Procedures: Form N-15 1. Fill in amounts under Col. A-Total Income for each type and similarly for Col. B. Minus any adjustments (i.e. IRA contributions, moving expenses, etc.). Calculate ratio of Hawaii AGI to Total AGI. Calculate itemized deductions. Use ratio to figure out prorated itemized deductions and personal exemptions. Calculate taxable income and use tax table to figure out Hawaii tax. 2. 3. 4. 5. 6.

  13. Hawaii Income Tax Procedures: Form N-11 1. 2. 3. Start with Federal Adjusted Gross Income (AGI). Add or subtract any Hawaii adjustment to federal AGI. Figure out any itemized deduction or use standard deductions. Subtract itemized deduction or standard deductions from Hawaii AGI. Subtract personal exemption to arrive at Hawaii taxable income. Look for tax amount in tax table that corresponds to Hawaii taxable income. Compare tax from tax table with state taxes paid or withheld to calculate refund or tax due. 4. 5. 6. 7.

  14. Hawaii Filing Deadline & Mailing Addresses o Deadline: Hawaii tax returns are due on April 20, 2017. o Mailing addresses: If you will submit a return with payment, mail both to: Hawaii Department of Taxation Attn: Payment Section P.O. Box 1530 Honolulu, HI 96806-1530 If you will submit only a return & no payment, mail it to: Hawaii Department of Taxation P.O. Box 3559 Honolulu, HI 96811-3559

  15. Extension of Hawaii Filing Deadline o Do not use the federal extension form. o Tax extension (6 months): Automatic no form needs to be filed unless you owe a payment. If you are making a payment, then Form N-101A and payment must be sent by due date of April 20th.

  16. Penalties: Return Filed by April 20th o Underpayment Penalty is imposed if 90% of tax is not paid by withholding, tax liability exceeds $500, and there was liability in the prior year. Calculated on Form N-210 (8% per year, by days). o Failure to pay Penalty is imposed on any tax payable more than 60 days after April 20th. Amount of penalty is up to 20% (full 20% imposed) plus interest at 8%.

  17. Penalties: Return Filed after April 20th o Underpayment & failure to pay Same as previous slide. o Failure to file penalty Penalty of 5% per month on amounts not paid by April 20th, maximum of 25% per year, interest at 8% (2/3 of 1% per month) on tax and penalty. Does not apply if extension rules are followed precisely.

  18. Samples of Tax Returns **See exercise slides**

  19. Final Steps o After completing your tax return, check it to make sure it is correct. Check every line. Review your math. Check tax table to ensure correct tax is calculated. o Sign and date your return. o Attach all required forms (i.e. W-2, 1042-S) and schedules. o Due date: April 20, 2017 (unless you got an extension) o Mail to: See addresses in previous slide.

  20. Disclaimer o This presentation is intended to provide general information on preparing a Hawaii tax return. o The University of Hawaii does not provide personal assistance with individual tax return preparation. o Please consult with your tax advisor if you need further assistance.

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