Hawaii Charitable Trust with Creation Contingent upon Qualification for Tax Exempt Status

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A charitable trust is essentially a way to set up your assets to benefit you, your beneficiaries and a charity - all at the same time. A charitable trust could offer many financial advantages for philanthropically minded individuals with nonessential assets, such as stocks or real estate.
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  • Preview Charitable Trust with Creation Contingent upon Qualification for Tax Exempt Status
  • Preview Charitable Trust with Creation Contingent upon Qualification for Tax Exempt Status
  • Preview Charitable Trust with Creation Contingent upon Qualification for Tax Exempt Status
  • Preview Charitable Trust with Creation Contingent upon Qualification for Tax Exempt Status

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FAQ

GET? Churches generally qualify for exemption from GET under section 237-23(a)(4), Hawaii Revised Statutes (HRS). To apply for a GET exemption, go to hitax.hawaii.gov.

No. Although the GET Law exempts certain nonprofit organizations who have registered for a GET exemption, the Use Tax Law does not provide a complementary exemption.

In particular, there is now no automatic exemption for churches, charities, schools and section 21 companies.

To be exempt from withholding, both of the following must be true: You owed no federal income tax in the prior tax year, and. You expect to owe no federal income tax in the current tax year.

There is no downside to a tax exemption. The term has a specific meaning in tax law: Federal, state, and local governments create them to provide a benefit to specific people, businesses, or other entities in special situations. Those who are entitled to them save on taxes.

There is no provision in Hawaii's Income Tax Law for an employee to claim an exempt status for Hawaii income tax withholding.

Form N-15 is filed by nonresident individuals who have Hawaii tax liability and by individuals who are Hawaii residents for only part of the tax year.

No separate Hawaii application is required. Most organizations are required to apply with the Internal Revenue Service (IRS) to receive tax-exempt status. For information on this process, see federal Publication 557. You must apply with us to be exempt from GET.

However, a charitable trust is not treated as a charitable organization for purposes of exemption from tax. Accordingly, the trust is subject to the excise tax on its investment income under the rules that apply to taxable foundations rather than those that apply to tax-exempt foundations.

Historic properties are not the only class of property tax exemption to be affected by the increase. Exemptions are also provided to tax-exempt organizations, such as churches, schools and non-profit organizations, as well as kuleana land holders.

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Hawaii Charitable Trust with Creation Contingent upon Qualification for Tax Exempt Status