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STATE OF HAWAII—DEPARTMENT OF TAXATION
HAWAII TAXPAYER BILL OF RIGHTS
MESSAGE FROM THE DIRECTOR
This publication explains some of your most
important rights as a taxpayer.
Hawaii taxpayers have many rights. Some are based
on laws, and others are based on our commitment to
administer Hawaii’s tax laws in a fair and equitable
manner. The Hawaii Taxpayer Bill of Rights compiles
these rights for your easy reference.
Taxpayer rights are at the heart of good tax
administration — a pledge that the tax laws will be
administered with fairness, uniformity, courtesy,
and common sense. In our commitment to this
pledge, we invite your suggestions for improving the
services provided by the Department of Taxation.
HAWAII TAXPAYER BILL OF RIGHTS
I. Protection of Taxpayer Rights
Taxpayers are entitled to be informed about their ri
ghts
and responsibilities and to be assured that their rights
will be protected throughout their contact with the De-
partment of Taxation (Department).
II. Tax Information
Taxpayers have a right to tax information written in plain
language.
Taxpayers have a right to examine their own tax records,
audit fi les, and collection fi les.
Taxpayers have a right to request copies of their own tax
returns and return information, if available, subject to
copying fees.
Taxpayers have a right to obtain explanations regarding
billings and assessments.
III. Professional and Courteous Service
Taxpayers have a right to prompt, courteous, and accu-
rate responses to all questions and requests for tax as-
sistance.
Taxpayers have a right to be assured that no civil service
employee of the Department will be paid, promoted, or
in any way rewarded based on the amount of assess-
ments made or taxes collected.
Taxpayers have a right to be free from harassment and
inappropriate contact by Department personnel in mat-
ters relating to the collection of delinquent taxes and
during the course of audits.
IV. Privacy and Confi dentiality
Taxpayers have a right to be assured that their deal
ings
with the Department will be kept confi dential.
Taxpayers have a right to be assured that their tax re-
turns and tax return information will not be disclosed,
except as provided by law.
V. Time Limitations
Taxpayers are entitled to seek a refund if they have over-
paid their taxes. A claim for refund must be fi led within
the applicable statute of limitations.
The Department may assess a taxpayer additional taxes
if the assessment is made within the applicable statute
of limitations. There is no time limit on the assessment of
taxes in the case of a false or fraudulent return or failure
to fi le a return.
Taxpayers may extend the period of limitations for the
assessment or refund of taxes by signing a written
agreement with the Department.
If the Department is notifi ed by the Internal Revenue
Service or a taxpayer of any changes, corrections, or
adjustments to the taxpayer’s Federal tax return, the
statute of limitations is automatically extended.
VI. Audits and Assessments
Taxpayers have a right to a Proposed Notice of Asses
s-
ment except in the case of a jeopardy assessment. A
Proposed Notice of Assessment is mailed to the tax-
payer’s last known address and: (1) explains the basis
for the assessment of taxes, penalties, and interest; (2)
informs taxpayers of their right to request clarifi cation or
to object to the tax assessment within 30 days from the
date the Proposed Notice of Assessment was mailed;
and (3) informs taxpayers that the proposed tax assess-
ment will become fi nal after the expiration of 30 days
from the mailing of the Proposed Notice of Assessment.
Taxpayers have a right to a Final Notice of Assessment,
issued after the expiration of 30 days from the mailing of
the Proposed Notice of Assessment, that provides the
basis for the tax assessment, and informs the taxpayer
of the procedures for appealing the assessment.
Taxpayers have a right to request a meeting with the
auditor or collector, their supervisor, or senior manage-
ment to discuss a Proposed or Final Notice of Assess-
ment if they do not agree with the tax assessment.
Taxpayers have a right to request that the Department
consider a closing agreement to reduce a Proposed or
Final Notice of Assessment. Closing agreements are fi -
nal.
VII. Tax Appeals/Payment Under Protest
Taxpayers have a right to information regarding proc
e-
dures for appealing a tax assessment or a denial of a
claim for refund.
Tax Appeals. Taxpayers have a right to appeal an as-
sessment or a denial of a claim for refund to the board of
review or to the tax appeal court. Taxpayers also have a
right to appeal an assessment to our Administrative Ap-
peals Offi ce. In order to appeal to the Administrative Ap-
peals Offi ce, an appeal application must be fi led within
20 days from the mailing date of the Proposed Notice of
Assessment or within 30 days from the mailing date of
the Final Notice of Assessment. The assessment does
not need to be paid in order to appeal to the Administra-
tive Appeals Offi ce.
If the appeal is fi led directly with the tax appeal court, a
court-stamped copy of the notice of appeal must also be
served on the Director of Taxation within 30 days from
the date the Final Notice of Assessment was mailed by
delivery to:
Civil Legal Complaints/Legal Process
Director of Taxation
Department of Taxation
830 Punchbowl Street, Room 221
Honolulu, HI 96813-5094
If the appeal is fi led with the board of review, the deci-
sion of the board may be appealed to the tax appeal
court within 30 days after the fi ling of the board of review
decision. A court-stamped copy of the notice of appeal
must also be served on the Director of Taxation at the
above address within 30 days after the fi ling of the board
of review decision.
If the appeal is fi led with the tax appeal court, the deci-
sion of the tax appeal court may be appealed within 30
days to the Intermediate Appellate Court.
The fi rst appeal to either the board of review or to the tax
appeal court may be made without payment of the tax
assessed. However, the assessed tax must be paid to-
gether with interest when the taxpayer appeals the deci-
sion by the board or the tax appeal court or the decision
by the board in favor of the Department is not appealed.
In addition, a taxpayer who prevails before the board of
review does not have to pay the assessed tax prior to an
appeal by the Department to the tax appeal court. Simi-
larly, a taxpayer who prevails before the board of review
and the tax appeal court does not have to pay the as-
sessed tax prior to an appeal by the Department to the
Intermediate Appellate Court.
The tax appeal court may allow an individual taxpayer to
appeal an income tax assessment without prior payment
of the tax where the total tax liability does not exceed
$50,000 and the taxpayer shows that the payment of the
tax would cause irreparable harm.
Payment Under Protest. In lieu of fi ling an appeal or if an
appeal is not fi led with the board of review, with the tax
appeal court, or with the Administrative Appeals Offi ce
within 30 days from the date the Final Notice of Assess-
ment was mailed, the taxpayer may pay the disputed tax
assessment under written protest and seek to recover
the taxes by fi ling an action in tax appeal court within 30
days from the date of payment.
VIII. Representation
Taxpayers have a right to represent themselves or ha
ve
another person accompany or represent them (with
proper written authorization) when dealing with the De-
partment on any tax matter, including audits, collections,
and appeals.
IX. Taxpayer Advocate
Taxpayers have a right to seek the assistance of our Tax-
payer Advocate to resolve any tax-related problem after
all other means for resolving the problem have been ex-
hausted, or if they feel that their rights as a taxpayer
have been abridged, except in the case of a criminal tax
investigation.
X. Installment Agreements, Waivers, and
Compromises
Installment Agreements. Taxpayers have a right to re
-
quest that the Department consider an installment pay-
ment agreement to allow taxpayers to pay their delin-
quent taxes over time. The Department will evaluate a
request for an installment payment agreement based on
the fi nancial condition of the taxpayer. Taxpayers will be
notifi ed before collection action is taken on any out-
standing tax liability if the installment payment agree-
ment is in good standing. Interest will continue to accrue
on the outstanding tax and penalty until paid in full. The
Department may offset any outstanding tax liability with
any credits due to the taxpayer from other taxes.
Waiver of Penalties and Interest. Taxpayers have a right
to request that the Department waive penalties and in-
terest added to any tax if the taxpayer can show that
failure to fi le a return or pay a tax on time was due to
reasonable cause, i.e., not due to the taxpayer’s own
carelessness, neglect, or wilful disregard of the law, but
due to circumstances beyond the taxpayer’s control.
Compromise Offers. Taxpayers have a right to request
that the Department consider a compromise offer to re-
duce any tax claim arising under the tax laws adminis-
tered by the Department based on doubt as to liability or
collectibility, subject to the Governor’s approval. If the tax
liability excluding penalties and interest is $50,000 or
less, the Director may approve the offer in compromise
without the Governor’s approval after the offer in com-
promise has been posted on the Department’s website
for fi ve calendar days.
Any offer in compromise submitted to the Department
must be accompanied by 20% of the amount of the offer
in cases of a lump-sum offer in compromise, or the fi rst
proposed payment in the case of a periodic payment of-
fer in compromise. Individual taxpayers who meet the
low-income certifi cation guidelines published by the In-
ternal Revenue Service for the period in which the offer
in compromise has been submitted will not be required
to submit a payment with an offer in compromise sub-
mission. In cases where an offer in compromise is re-
jected, the payment amount will be applied to the tax li-
ability of the taxpayer that was fi rst assessed.
XI. Collections
Taxpayers have a right to be informed in writing to
the
taxpayer’s last known address of possible collection ac-
tions that may be taken on delinquent taxes, including
referral to a collection agency.
Taxpayers have a right to be notifi ed of any cost recov-
ery fee associated with any collection action.
Taxpayers have a right to have collection actions put on
hold in the case of hardship or while discussing their situ-
ation with the collector, supervisor, or senior manage-
ment, understanding that interest continues to accrue.
Taxpayers have a right to a prompt release of a lien upon
payment of a tax delinquency and all fi ling fees.
Taxpayers have a right to have an incorrect lien correct-
ed or released and to have a letter of clarifi cation sent to
a credit reporting company.
Taxpayers have a right to have all other collection ac-
tions exhausted before a seizure of a taxpayer’s assets
takes place, unless the Department determines that the
interests of the State are in jeopardy.
Taxpayers have a right to have the following property
exempt from levy: wearing apparel; school books; fuel;
provisions; furniture; personal effects; books and tools of
a trade, business, or profession; unemployment benefi ts;
and undelivered mail.
(This is a reproduction of the originally issued document)
Revised October, 2019