Hawaii Revised Statutes 238-4 – Certain property used by producers
Terms Used In Hawaii Revised Statutes 238-4
- Personal property: All property that is not real property.
- Property: means tangible personal property, intangible property, and prepaid telephone calling services but does not include:
(1) Newspapers or other periodical publications purchased on the subscription plan, issued at stated intervals as frequently as four times a year, and of the class admitted to the United States mails as second class matter under the laws and regulations governing the postal service on January 1, 1965;
(2) Securities as defined in title 15 United States Code § 78c or similar laws of jurisdictions outside the United States;
(3) Commodities for future delivery and other agreements, options, and rights as defined in title 7 United States Code § 2 that are permitted to be traded on a board of trade designated by the Commodities Futures Trading Commission under the Commodity Exchange Act;
(4) Evidence of indebtedness;
(5) Interest in land; or
(6) Dividends as defined by chapter 235. See Hawaii Revised Statutes 238-1
- Purchaser: means any person purchasing property, services, or contracting and "importer" means any person importing property, services, or contracting, regardless if at the time of importation, the property, services, or contracting is owned by the importer, purchased from an unlicensed seller, or however acquired; provided that the terms "purchaser" and "importer" shall not include the State, its political subdivisions, or wholly owned agencies or instrumentalities of the State or a political subdivision; or the United States, its wholly owned agencies or instrumentalities, or any person immune from the tax imposed by this chapter under the Constitution and laws of the United States but the terms shall include national banks. See Hawaii Revised Statutes 238-1
- sale: means any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, wheresoever consummated, of property, services, or contracting for a consideration. See Hawaii Revised Statutes 238-1
If a licensed producer, or a cooperative association acting under the authority of chapter 421 or 422, in order to sell to such producer, or a licensed person, imports into the State or acquires in the State commodities, materials, items, services, or living things enumerated in section [237-4(a)(3) and (5) to (7)], then section 237-4 shall apply. If section 237-4 applies and the producer is engaged in the sale of the producer’s products at retail or in any manner other than at wholesale, then the tax upon use of property in the State imposed by section personal property; exemptions” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>238-2(2) shall apply the same as in the case of a purchaser who is a licensed retailer. In other such cases no tax shall be imposed under this chapter.