Form G-79 - Hotel Operator/suboperator Exemption Certificate Page 2

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FORM G-79
PAGE 2
(REV. 2012)
General Instructions
(Note: Photocopied or facsimile transmissions of Form G-79 will
not be accepted.)
Purpose of Form
Specific Instructions
Act 91, Session Laws of Hawaii (SLH) 2010 provides that the gen-
Step 1 - Enter the taxpayer’s name, the last four digits of the
eral excise tax (GET) exemption under Hawaii Revised Statutes
taxpayer’s federal identification number (FEIN) or social security
(HRS) §237-24.7(1) for certain taxpayers is limited to $400,000
number (SSN), whichever is applicable, and mailing address in the
in tax per calendar year in aggregate for all taxpayers. In order to
designated spaces of the form.
claim this exemption, taxpayers must:
Step 2 - Enter the name of a contact person, his/her daytime
(1) Obtain certification from the Department of Taxation (Depart-
tele phone number, and e-mail address in the spaces provided in
ment) by submitting a properly completed application on
contact information area of the form.
Form G-79 to the Department on or before March 15, 2013
(Note: Failure to file Form G-79 on or before March 15, 2013
Part I
will result in the disallowance of the exemption);
Column (a) - For amounts sourced to Oahu, enter by month, the
(2) Report the exemption on Form G-49 and Schedule GE
total amount of
employee wages, salaries, payroll taxes, insurance
(Note: The amount of the exemption claimed cannot exceed
premiums and benefits (including retirement, vacation, sick pay,
the amount certified by the Department); and
and health benefits)
eligible to be taken as a general excise tax
(3) File Form G-49 with Schedule GE and the Department certi-
exemption
under HRS §237-24.7(1) and subject to the cap under
fied Form G-79 with the Department.
Act 91, SLH 2010.
For more information, please see Tax Information Release No.
Column (b) - For amounts sourced to all other districts except
2010-08.
Oahu, enter by month, the total amount of
employee wages, sala-
ries, payroll taxes, insurance premiums and benefits (including
Who Must File
retirement, vacation, sick pay, and health benefits)
eligible to be
taken as a general excise tax exemption
under HRS §237-24.7(1)
Obtaining certification from the Department is a prerequisite for
and subject to the cap under Act 91, SLH 2010.
claiming a general excise tax exemption under HRS §237-24.7(1)
for the following taxpayers:
Total Amount - Add the amounts reported in column (a) and report
the total in column (a) on the “Total Amount” line. Add the amounts
z A hotel operator claiming a general excise tax exemption un-
reported in column (b) and report the total in column (b) on the
der section 237-24.7(1) for amounts received from a timeshare
“Total Amount” line.
association and disbursed by the hotel operator for employee
wages, salaries, payroll taxes, insurance premiums and benefits
Signature of Taxpayer
(including retirement, vacation, sick pay, and health benefits);
or
Individuals - To obtain certification, you or your duly authorized
agent must sign, date, and print the signatory’s name and title in
z A hotel suboperator claiming a general excise tax exemption un-
the spaces provided on the form.
der section 237-24.7(1) for amounts received from the owner of
the hotel, from a timeshare association, or from the operator of
Corporations, S-Corporations, Partnerships, and Limited Li-
the hotel, and disbursed by the hotel suboperator for employee
ability Companies - To obtain certification, the president, vice
wages, salaries, payroll taxes, insurance premiums and benefits
president, treasurer, secretary, or any other corporate officer (such
(including retirement, vacation, sick pay, and health benefits).
as a tax officer), partner, or member who is authorized to sign on
the taxpayer’s behalf must sign and date, and print his/her name
When to File
and title in the spaces provided on the form.
Obtaining Certification. Taxpayers (including both calendar year
and fiscal year taxpayers) who are eligible to claim this exemp-
Part II
tion must submit a properly completed and signed Form G-79 to
Part II will be completed by the Department if Form G-79 has been
the Department on or before March 15, 2013 in order to obtain
properly completed by the taxpayer. Upon completion of Part II,
certification from the Department. Failure to comply with the fore-
the Department will mail the certified Form G-79 to the taxpayer at
going provision shall constitute a waiver of the right to claim the
the mailing address listed on the form.
exemption. No extensions for filing Form G-79 for certification will
be allowed. The Department will certify the maximum exemption
How to Claim the Exemption
amount that may be claimed by the taxpayer who submits Form
G-79 for certification based on the taxpayer’s proportionate share
Report the exemption on Form G-49 in part II, column (b) and on
of the exemption under HRS §237-24.7(1) subject to the $400,000
Schedule GE (Form G-45/G-49). The amount of the exemption
tax cap.
claimed cannot exceed the amount allocated to the taxpayer by
the Department on the certified Form G-79. Schedule GE (Form
Amending Form G-79. If you submit Form G-79 for certification
G-45/G-49) and the certified Form G-79 must be attached to and
and later become aware of any changes to the information report-
filed with the annual general excise/use tax return (Form G-49).
ed, file an amended Form G-79. Write “Amended” at the top of
Failure to attach the required attachments and/or claiming a ex-
Form G-79 to indicate it is an amended Form G-79. Form G-79,
emption that exceeds the maximum allowable exemption amount
including amendments, will not be accepted after March 15, 2013.
may result in the disallowance of the exemption, in whole or in
Claiming the Exemption. Report the amount of the exemption on
part. Taxpayers claiming this exemption may not file Form G-49
Form G-49 and Schedule GE (Form G-45/G-49). File Form G-49,
electronically.
Schedule GE (Form G-45/G-49), and your certified Form G-79 on
For Fiscal Year Taxpayers
or before the due date (including extensions) for filing Form G-49.
Form G-49 is due on or before the 20th day of the 4th month fol-
Please see Tax Information Release No. 2010-08 for information
lowing the close of the tax year.
on when the exemption may be claimed.
Where to File
To obtain certification, file Form G-79 with:
Rules Office
Hawaii Department of Taxation
P.O. Box 259
Honolulu, HI 96809-0259
FORM G-79

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