(a) This section shall apply to a decedent who, at the time of death was:

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Terms Used In Hawaii Revised Statutes 236E-8

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Decedent: means a deceased individual owning property in the State. See Hawaii Revised Statutes 236E-2
  • Federal transfer tax: means the federal estate tax or the federal generation-skipping transfer tax. See Hawaii Revised Statutes 236E-2
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Gross estate: means gross estate as defined and used in sections 2031 to 2046 of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2
  • Hawaii estate tax: means the tax due to the State with respect to a taxable transfer, unless the context clearly indicates otherwise. See Hawaii Revised Statutes 236E-2
  • Hawaii net taxable estate: means Hawaii taxable estate less the applicable exclusion amount as set forth in § 236E-6. See Hawaii Revised Statutes 236E-2
  • Nonresident: means a decedent who was not domiciled in the State at time of death. See Hawaii Revised Statutes 236E-2
  • Personal property: All property that is not real property.
  • Property: means property included in the gross estate. See Hawaii Revised Statutes 236E-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Resident: means a decedent who was domiciled in the State at the time of death. See Hawaii Revised Statutes 236E-2
  • Situs: means , with respect to a decedent not a resident or citizen of the United States, the location of the decedent's property within the meaning of section 2104 of the Internal Revenue Code, including regulations and other guidance issued thereunder, substituting "Hawaii" for "the United States". See Hawaii Revised Statutes 236E-2
  • State: means any state or territory of the United States and the District of Columbia. See Hawaii Revised Statutes 236E-2
  • Transferred property: means :

    (1) With respect to a taxable transfer subject to the federal estate tax, the deceased individual's gross estate as defined in section 2031 of the Internal Revenue Code;

    (2) With respect to a taxable transfer occurring as a result of a taxable termination as defined in section 2612(a) of the Internal Revenue Code, the taxable amount determined under section 2622(a) of the Internal Revenue Code;

    (3) With respect to a taxable transfer occurring as a result of a taxable distribution as defined in section 2612(b) of the Internal Revenue Code, the taxable amount determined under section 2621(a) of the Internal Revenue Code;

    (4) With respect to a taxable transfer occurring as a result of a direct skip, as defined in section 2612(c) of the Internal Revenue Code, the taxable amount determined under section 2623 of the Internal Revenue Code; and

    (5) With respect to an event which causes the imposition of an additional federal estate tax under section 2032A(c) of the Internal Revenue Code, the qualified real property that was disposed of or which ceased to be used for the qualified use, within the meaning of section 2032A(c)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 236E-2

(1) A resident of the State; or
(2) A nonresident of the State whose gross estate includes any real property situated in the State or tangible personal property having a situs in the State. Where the decedent is the sole owner of a single member limited liability company that has not elected to be taxed as a corporation, the single member limited liability company shall be disregarded for purposes of this chapter and this chapter shall be applied as if the sole member is the owner of the property.
(b) With respect to the estates of decedents dying after January 25, 2012, the tax based on the Hawaii net taxable estate shall be as provided in the following schedule:

If the Hawaii net taxable

estate is:

The tax shall be:

$1,000,000 or less

10.0% of the Hawaii net taxable estate

Over $1,000,000 but

$100,000 plus 11.0% of the

not over $2,000,000

amount by which the Hawaii

net taxable estate

exceeds $1,000,000

Over $2,000,000 but

$210,000 plus 12% of the

not over $3,000,000

amount by which the Hawaii

net taxable estate

exceeds $2,000,000

Over $3,000,000 but

$330,000 plus 13% of the

not over $4,000,000

amount by which the Hawaii

net taxable estate

exceeds $3,000,000

Over $4,000,000 but

$460,000 plus 14% of the

not over $5,000,000

amount by which the Hawaii

net taxable estate

exceeds $4,000,000

Over $5,000,000 but

$600,000 plus 15.7% of the

not over $10,000,000

amount by which the Hawaii

net taxable estate

exceeds $5,000,000

Over $10,000,000

$1,385,000 plus 20% of the

amount by which the Hawaii

net taxable estate

exceeds $10,000,000.

(c) If any property of a resident is subject to a death tax imposed by another state and if the tax imposed by the other state is not qualified by a reciprocal provision allowing the property to be taxed in the state of the decedent’s domicile, the amount of the tax due under this section shall be credited with the lesser of:

(1) The amount of the death tax actually paid to the other state; or
(2) An amount computed by multiplying the Hawaii estate tax by a fraction, the numerator of which is the value of the property subject to the death tax imposed by the other state, and the denominator of which is the total value of the decedent’s gross estate.
(d) Except as otherwise expressly provided, for purposes of this chapter, the gross value of transferred property shall be its value as finally determined for purposes of the federal transfer tax.