Act 105 to Sunset

Act 105 (2011), which temporarily suspended the exemption for the subcontractors' deduction, will sunset on June 30, 2013! Beginning July 1, 2013, contractors will once again be able to deduct subcontractor expense when calculating GE Tax.

However, until then, it is unclear how the current law will be applied. The Department of Taxation is planning to release a Tax Announcement sometime in June regarding the sunset of Act 105. When it is finalized, it will be posted on their website at www.tax.hawaii.gov.

BIA will also work with DoTax to get the information to circulate to our membership as soon as it's posted.

How Does Hawaii’s General Excise Tax Impact Our Construction Costs?

By: Karen T. Nakamura, CEO

Building Industry Association of Hawaii

In 2011, Act 105 became law and disallowed the exemption of Hawaii’s General Excise Tax (“GET”) on subcontractor work by the general contractor. This law is scheduled to sunset on June 30, 2013.

Act 105 causes the GET to be charged multiple times on the same GET already paid. This practice is called tax pyramiding. Since the inception of Hawaii’s GET, pyramiding was cautiously avoided by exempting services that triggers tax on tax situations.

In Hawaii, the number of subcontractor licenses continues to grow with every new product or new way of work, due to a current state law. We have two types of General Contractor licenses, “A” for general engineering contractors, and “B” for general building contractors, and over 168 subcontractor licenses. Each type of license identifies work dedicated to a specific jurisdiction. For example there are different licenses for fencing depending on the type of fence: wood, vinyl, stone, glass, and more. There are different licenses for roofing depending on the type of roof: wood shake, asphalt shingles, hot tar, metal, tile, and more. Each type of license can be subject to multiple taxing of the GET depending on if a subcontractor uses other subcontractors to get the final product to the general contractors.

Example: When a cabinet maker sells to a cabinet installer (1), and the installer sells the same cabinet with installation to a general contractor (2), and the general contractor sells the total job with cabinets and the installation to you, the consumer (3), the State Tax Collector gets the 4.5% GET three times on the same cabinet, which is ultimately passed on to the buyer.

By allowing Act 105 to sunset on June 30, 2013, contractors will be allowed to pay the 4.5% GET at the first level, just once, and not continuously add the tax at each level. Contractors identify the amount the previous subcontractor has paid and deducts that from the amount due on the total sale. This practice lowers the cost of construction to you, the buyer.

The State Tax Collector is in favor of allowing this law to sunset on June 30, 2013.

Representative Sharon Har introduced HB 1194, which allows for the sunset of the subcontractor exemption. The Committee on Consumer Protection & Commerce has scheduled this bill for hearing on Wednesday, February 6, 2:30, in room 325 of the State Capitol.

Representative Sylvia Luke has introduced HB 1360, which would make permanent the suspension of the subcontractor exemption. It has a single-referral to the Finance Committee, of which she is Chair, and no hearing has yet been scheduled.

Please write to your representative to tell them to allow this law to sunset so construction costs can remain affordable in Hawaii.