Fillable Form N-163 - Fuel Tax Credit For Commercial Fishers (Page 2 of 2) in pdf

FORM N-163

(REV. 2014)

PAGE 2

Changes To Note

excess will be refunded to the principal operator under section 235-

110.6, HRS.

Kauai County Resolution No. 2013-47 (Draft 3) increases the

County of Kauai liquid fuel tax by an additional 2 cents per gallon

Claims for the credit, including any amended claims thereof,

effective July 1, 2014.

must be filed on or before the end of the twelfth month following the

close of the indicated taxable year.

GENERAL INSTRUCTIONS:

Attach Form N-163 to applicable Form N-11, N-15, N-20, N-30,

Note: If you are claiming the Ethanol Facility Tax Credit, no

N-35, N-40, or N-70NP.

other credit can be claimed for the same taxable year.

Note: Commercial fishers that use alternative fuels may obtain

Note: Effective January 1, 2012, civil unions are recognized in

a refund of the fuel taxes paid by filing Form M-36, Combined Claim

Hawaii. Hawaii’s laws that apply to a husband and wife, spouses,

for Refund of Fuel Taxes.

or person in a legal marital relationship shall be deemed to apply

SPECIFIC INSTRUCTIONS:

to partners in a civil union with the same force and effect as if they

were “husband and wife”, “spouses”, or other terms that describe

PART I — COMPUTATION OF TAX CREDIT FOR COMMERCIAL

persons in a legal marital relationship.

FISHERS

Note: Act 1, Second Special Session Laws of Hawaii 2013,

Line 4. Flow through of tax credit received from other entities,

which became effective on December 2, 2013, recognizes

if any. In the case of a taxpayer who is a member of a pass-through

marriages between individuals of the same-sex, and extends to

entity (i.e., S corporation, partnership, estate, or trust), enter the

such same-sex couples the same rights, benefits, protections, and

amount of the tax credit received from the entity on line 4. Attach a

responsibilities of marriage that opposite-sex couples receive. As it

copy of the applicable Schedule K-1 to Form N-163 when the tax

relates to taxation, all same-sex couples that are legally married in

credit is claimed.

Hawaii or any other jurisdiction where such marriages are valid are

Line 5. Form N-11, N-15, N-30, and N-70NP filers, enter the

married for all tax purposes, including Hawaii income tax purposes.

amount on line 5 on Schedule CR, line 17 (rounded to the nearest

A principal operator of a commercial fishing vessel who files an

dollar).

income tax return for the taxable year, as indicated on Form N-163,

may be eligible for the fuel tax credit for commercial fishers. See

Form N-40 filers, enter the amount on line 5 that is allocated

sections 235-110.6, Hawaii Revised Statutes (HRS), and 18-235-

to the estate or trust on Form N-40, Schedule F, line 1. Enter the

110.6, Hawaii Administrative Rules.

amount on line 5 that is allocated to the beneficiary on line 9 of

Schedule K-1, Form N-40, for each beneficiary.

The credit is available only to a principal operator who

purchases and actually uses the fuel to operate a fishing vessel

Form N-35 filers, enter the amount on line 5 on Schedule K,

for commercial purposes. Fuel used in the operation of charter

line 16a.

fishing boats and the like where the income is derived from fees

Form N-20 filers, enter the amount on line 5 on Schedule K,

and sources other than from commercial fishing and fuel used in

line 17.

the operation of a fishing vessel where the activity is not engaged

in for profit as provided in Internal Revenue Code section 183 do

PART II — WORKSHEET FOR GASOLINE PURCHASED AND

not qualify for the credit.

USED BY PRINCIPAL OPERATOR

The amount of the credit is limited to the fuel taxes imposed

Line 2, Column D. The County of Kauai fuel tax per gallon of

under section 243-4(a), HRS, and paid by the principal operator

liquid fuel is as follows:

for use in the operation of the fishing vessel during the indicated

$.300 per gallon from July 1, 2007 through June 30, 2013

taxable year.

$.320 per gallon from July 1, 2013 through June 30, 2014

A taxpayer and spouse filing separate returns, where a joint

return could have been filed, shall claim only the credit to which the

$.340 per gallon from July 1, 2014

taxpayer and spouse would have been entitled had a joint return

If your tax credit will be calculated using two different tax rates,

been filed.

attach a separate schedule showing the calculation. Leave lines 1

If the properly claimed and allowed credit exceeds the amount

and 2 of Column D blank, and enter the total amount of the credit

of the income tax due and payable from the principal operator, the

on line 3, Column D.

FORM N-163

Form N-163 - Fuel Tax Credit For Commercial Fishers Page 2

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