SB3238

SECTION 1. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§235- Aquaculture investment tax credit. (a) There shall be allowed to each taxpayer subject to the taxes imposed by this chapter an aquaculture investment tax credit that shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the investment was made and the following four years; provided that the credit is properly claimed. The tax credit shall be as follows:

(1) In the year the investment was made, per cent;

(2) In the first year following the year in which the investment was made, per cent;

(3) In the second year following the investment, per cent;

(4) In the third year following the investment, per cent; and

(5) In the fourth year following the investment, per cent,

of the investment made by the taxpayer in each qualified aquaculture business, up to a maximum allowed credit in the year the investment was made, $ ; in the first year following the year in which the investment was made, $ ; in the second year following the year in which the investment was made, $ ; in the third year following the year in which the investment was made, $ ; and in the fourth year following the year in which the investment was made, $ .

(b) In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for qualified expenses incurred by the entity for the taxable year. The qualified expenses upon which the tax credit is computed shall be determined at the entity level. Distribution and share of credit shall be determined by rule.

(c) The credit allowed under this section shall be claimed against the net income tax liability for the taxable year. For the purpose of this section, "net income tax liability" means net income tax liability reduced by all other credits allowed under this chapter.

(d) If the tax credit under this section exceeds the taxpayer's income tax liability for any of the five years that the credit is taken, the excess of the tax credit over liability may be used as a credit against the taxpayer's income tax liability in subsequent years until exhausted. Every claim, including amended claims, for a tax credit under this section shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

(e) If at the close of any taxable year in the five-year period in subsection (a):

(1) The business no longer qualifies as a qualified aquaculture business;

(2) The business or an interest in the business has been sold by the taxpayer investing in the qualified aquaculture business; or

(3) The taxpayer has withdrawn the taxpayer's investment wholly or partially from the qualified aquaculture business,

the credit claimed under this section shall be recaptured. The recapture shall be equal to per cent of the amount of the total tax credit claimed under this section in the preceding two taxable years. The amount of the credit recaptured shall apply only to the investment in the particular qualified aquaculture business that meets the requirements of paragraph (1), (2), or (3). The recapture provisions of this subsection shall not apply to a tax credit claimed for a qualified aquaculture business that does not fall within the provisions of paragraph (1), (2), or (3). The amount of the recaptured tax credit determined under this subsection shall be added to the taxpayer's tax liability for the taxable year in which the recapture occurs under this subsection.

(f) Every taxpayer, before March 31 of each year in which an investment in a qualified aquaculture business was made in the previous taxable year, shall submit a written, certified statement to the director of taxation identifying:

(1) Qualified investments, if any, expended in the previous taxable year; and

(2) The amount of tax credits claimed pursuant to this section, if any, in the previous taxable year.

(g) The department shall:

(1) Maintain records of the names and addresses of the taxpayers claiming the credits under this section and the total amount of the qualified investment costs upon which the tax credit is based;

(2) Verify the nature and amount of the qualifying investments;

(3) Total all qualifying and cumulative investments that the department certifies; and

(4) Certify the amount of the tax credit for each taxable year and cumulative amount of the tax credit.

Upon each determination made under this subsection, the department shall issue a certificate to the taxpayer verifying information submitted to the department, including qualifying investment amounts, the credit amount certified for each taxable year, and the cumulative amount of the tax credit during the credit period. The taxpayer shall file the certificate with the taxpayer's tax return with the department.

The director of taxation may assess and collect a fee to offset the costs of certifying tax credits claims under this section. All fees collected under this section shall be deposited into the tax administration special fund established under section 235-20.5.

(h) As used in this section:

"Qualified aquaculture business" means a business engaged in the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes, including aquaponics or any growing of plants or animals with aquaculture effluent, in the State."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3238
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII