Form G-37 - General Excise/use Tax Exemption For Certified Or Approved Housing Projects Page 2
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1
2FORM G-37
Ҥ46-15.1 Housing; county powers. (a) Any
(c) The director of taxation and the Hawaii housing
(REV. 2015)
finance and development corporation shall adopt
law to the contrary notwithstanding, any county
GENERAL INSTRUCTIONS
rules pursuant to chapter 91 for the purpose of
shall have and may exercise the same powers,
this section, including any time limitation for the
subject to applicable limitations, as those grant-
1. General Rule. A qualified entity receiving
exemptions.”
ed the Hawaii housing finance and development
gross income for the planning, design, financing,
corporation pursuant to chapter 201H insofar as
5. Contract vs. GET Exemption Amounts.
construction, sale or lease in the State of a hous-
those powers may be reasonably construed to
Enter the total contract amount in the space pro-
ing project which has been certified or approved
be exercisable by a county for the purpose of
vided. Enter in the space provided for “GET/Use
under section 46-15.1 or 201H-36, HRS, may file
developing, constructing, and providing low-and
Tax exemption amount”, the amount of the total
a General Excise/Use Tax Exemption For Certi-
moderate-income housing; . . . provided further
contract which is qualified under section 237-
fied or Approved Housing Projects (Form G-37).
that county projects shall be granted an exemp-
29, HRS, or 238-3(j), HRS and chapter 15-306,
A separate Form G-37 shall be filed for each
tion from general excise or receipts taxes in the
HAR. For example, equipment or tools that are
housing project claiming this exemption as an
same manner as projects of the Hawaii housing
purchased by the contractor for use during the
eligible housing project which is approved by the
finance and development corporation, pursuant
contract then retained by the contractor as the
Hawaii Housing Finance and Development Cor-
to section 201H-36; . . .”
contractor’s assets do not qualify as exempt for
poration or any of the respective counties.
Ҥ201H-36 Exemption from general excise taxes.
general excise tax purposes. Section 15-306-2,
A qualified entity importing any property,
(a) In accordance with section 237-29, the cor-
HAR defines “allowable construction costs” to
services, or contracting to be used in a certified
poration may approve and certify for exemption
mean:
or approved housing project may file Form G-37.
from general excise taxes any qualified person or
“. . . expenses incurred by a contractor, for contract-
firm involved with a newly constructed, or moder-
The Hawaii Housing Finance and Develop-
ing, services and materials which are to be in-
ately or substantially rehabilitated project:
ment Corporation or any of the respective coun-
corporated (in such a form as to be perceptible
1. Developed under this part;
ties may certify for exemption from general excise
to the senses) into, or used completely by the
taxes any qualified entity involved with a newly
2. Developed under a government assistance
contractor in, the development and construction
program approved by the corporation, in-
constructed or rehabilitated project development
of real property improvements and fixtures for a
cluding, but not limited to, the United States
under section 46-15.1 or 201H-36, HRS.
newly constructed, or moderately or substantially
Department of Agriculture 502 program and
2. When to Prepare Form G-37. Qualified enti-
rehabilitated eligible housing project that are as-
Federal Housing Administration 235 program;
sociated with the residential portion of the proj-
ties shall prepare Form G-37 upon final execu-
3. Developed under the sponsorship of a private
ect, or that are incidental or de minimis nonresi-
tion of the contract for construction or moderate
nonprofit organization providing home reha-
bilitation or new homes for qualified families
dential uses within the project.”
or substantial rehabilitation of an eligible hous-
in need of decent, low-cost housing; or
ing project and submit the Form G-37 with the
If the full exemption amount is not used on
4. Developed by a qualified person or firm to
required supporting documentation (see chapter
the exempt project, the exemption is limited to the
provide affordable rental housing where at
15-306, Hawaii Administrative Rules (HAR) for
amount actually used on the project.
least fifty per cent of the available units are for
more information) to the Hawaii Housing Finance
households with incomes at or below eighty
6. Exclusion from the Use Tax. The use tax is
and Development Corporation or the respec-
per cent of the area median family income
tive county for certification. A cumulative list of
meant to complement the general excise tax. The
as determined by the United States Depart-
licensed suppliers and subcontractors is to be
use tax is an excise tax on the use of imported
ment of Housing and Urban Development, of
submitted by the developer or general contractor
tangible personal property, services, or contract-
which at least twenty per cent of the available
with Form G-37. Inclusion of a supplier or sub-
ing in Hawaii purchased from one who is not li-
units are for households with incomes at or
below sixty per cent of the area median family
contractor on this list will not serve to certify the
censed to do business in Hawaii.
income as determined by the United States
listed supplier or contractor for the exemption.
The use of any property, services, or con-
Department of Housing and Urban Develop-
The developer or general contractor of an eligible
tracting related to the certified or approved hous-
ment.
housing project shall submit Forms G-37 on be-
ing project is not subject to the imposition of the
half of any subcontractors, material houses, real
(b) To obtain certification for exemption under this
use tax. The exemption applies to the tangible
estate sales agencies, or other entities involved
section, rental housing projects shall, unless
personal property, services, or contracting pur-
with the planning, design, financing, construc-
exempted by the corporation, enter into a regu-
chased from the unlicensed seller for a qualified
tion, or sale of the housing project.
latory agreement with the corporation to ensure
project. If the full exemption amount is not used
the project’s continued compliance with the appli-
on the exempt project, the exemption is limited to
3. Where to File Form G-37. Submit this form
cable eligibility requirements set forth in subsec-
the amount actually used on the project.
to a certifying agency for approval. After certifica-
tion (a), as follows:
tion by the Hawaii Housing Finance and Develop-
If the qualified entity is importing any prop-
1. For moderate rehabilitation projects, a mini-
ment Corporation (677 Queen Street, Suite 300,
erty, services, or contracting for use in the cer-
mum term of five years as specified in a regu-
Honolulu, HI 96813) or the respective county, the
tified or approved housing project, the qualified
latory agreement;
certifying agency will file the original copy of the
entity must complete Schedule A, List of Unli-
2. For substantial rehabilitation projects, a mini-
Form G-37 with the Oahu Office Audit Branch
censed Suppliers and Subcontractors. If a busi-
mum term of ten years as specified in a regu-
Chief. A copy will be retained by the governmen-
ness on this list is determined by the Department
latory agreement, or;
tal agency certifying or approving the housing
of Taxation to be subject to Hawaii’s General
3. For new construction projects, a minimum
project, and a copy will also be given to the quali-
Excise or Use Tax on any part of the purchase
term of thirty years from the date of issuance
fied entity for its records.
listed by the qualified entity, the unlicensed seller
of the certificate of occupancy.
may use a copy of this Schedule A as evidence
4. Exemption from the General Excise Tax.
(c) All claims for exemption under this section shall
of exemption certification of the sale to the quali-
The exemption from the payment of the tax
be filed with and certified by the corporation and
fied entity of tangible personal property, services,
shall be claimed on the general excise tax re-
forwarded to the department of taxation. Any
or contracting qualifying for the exemption under
turn under column “b” and check box “Affordable
claim for exemption which is filed and approved,
sections 237-29 and 238-3(j), HRS. This deemed
Housing” in Section II on Schedule GE (Form G-
shall not be considered a subsidy for the purpose
certification is subject to verification by the De-
45/G-49), Schedule of Exemptions and Deduc-
of this part.”
partment of Taxation. The qualified entity may
tions Claimed, attached to the tax return. To this
prepare and submit a separate Schedule A for
9. Changes to previously filed Form G-37s. If
extent, section 237-29, HRS, provides that:
each unlicensed supplier or subcontractor, if the
your contract for work on a qualified project ex-
(a) “All gross income received by any qualified
entity anticipates providing a copy of the certifica-
periences substantial changes, you must file a
person or firm for the planning, design, financ-
tion to the unlicensed seller and doesn’t want to
revised, or amended, Form G-37 with the agency
ing, construction, sale, or lease in the State of
disclose its purchases from other sellers.
that certified your original submission. This re-
a housing project that has been certified or ap-
7. Failure to File Form G-37. The certified Form
vised Form G-37 must include the full amounts
proved under section 201H-36 shall be exempt
G-37 must be first filed with the Oahu Office Au-
of the contract. A revised Schedule A must also
from general excise taxes.
dit Branch Chief, otherwise, any amount claimed
be submitted, if applicable. “Substantial change”
(b) All gross income received by a nonprofit or a lim-
on the general excise tax return as an exemption
means that the change is more than 20% of the
ited distribution mortgagor for a low-and moder-
under section 237-29, HRS, shall be disallowed.
original contract amount or the change is more
ate-income housing project certified or approved
than $200,000.
8. Section References. The pertinent parts of
under section 201H-36 shall be exempt from
sections 46-15.1 and 201H-36, HRS, referred to
general excise taxes.
above are as follows:
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