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Therefore, under HRS 78-1(c), residency requires two things: (1) a person's present intent to make Hawaii his or her home, and (2) physical presence in the State of Hawaii when that intent is formed. Physical presence is generally not a problem.
An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.
HRS § 78-1(c) defines resident as "a person who is physically present in the State of Hawaii at the time the person claims to have established the person's domicile in the State of Hawaii and shows the person's intent is to make Hawaii the person's primary residence."
Any person who is in Hawai?i for a temporary or transient purpose and whose permanent residence is not Hawai?i is considered a Hawai?i nonresident. Each year, a nonresident who earns income from Hawai?i sources must file a State of Hawai?i tax return and will be taxed only on income from Hawai?i sources.
Residents are individuals who are domiciled in Hawaii even if the individual is outside Hawaii for a temporary or transitory purpose. Individuals not domiciled in Hawaii who spend more than 200 days in the tax year within Hawaii are presumed to be residents.
The one-calendar-year (twelve consecutive months) period begins when you take the first overt action demonstrating your intent to make Hawai?i your permanent residence (i.e., start employment, register to vote, purchase property, or get a general excise license).
If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 ? December 31).
A Hawai?i driver's license, voter or automobile registration, the appearance of a person's name on a city or town street list, and rent, utility, mortgage or telephone bills normally provide tangible proof of residence.