Form G-37 - General Excise/use Tax Exemption For Certified Or Approved Housing Projects Page 2
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1
2FORM G-37
section 201H-36 shall be exempt from
Branch Chief, otherwise, any amount claimed on
(REV. 2011)
general excise taxes.
the general excise tax return as an exemption un-
GENERAL INSTRUCTIONS
der section 237-29, HRS, shall be disallowed.
(c) The director of taxation and the Hawaii
8. Section References. The pertinent parts of
1. General Rule. A qualified entity receiving
housing
finance
and
development
corporation shall adopt rules pursuant
sections 46-15.1 and 201H-36, HRS, referred to
gross income for the planning, design, financing,
to chapter 91 for the purpose of this
above are as follows:
construction, sale or lease in the State of a hous-
section, including any time limitation for
Ҥ46-15.1 Housing; county powers. (a)
ing project which has been certified or approved
the exemptions.”
under section 46-15.1 or 201H-36, HRS, may file
Any law to the contrary notwithstanding,
a General Excise/Use Tax Exemption For Certi-
any county shall have and may exercise
5. Contract vs. GET Exemption Amounts.
fied or Approved Housing Projects (Form G-37).
the same powers, subject to applicable lim-
Enter the total contract amount in the space pro-
A separate Form G-37 shall be filed for each
itations, as those granted the Hawaii hous-
vided. Enter in the space provided for “GET/Use
housing project claiming this exemption as an
ing finance and development corporation
Tax exemption amount”, the amount of the total
eligible housing project which is approved by the
pursuant to chapter 201H insofar as those
contract which is qualified under section 237-
Hawaii Housing Finance and Development Cor-
powers may be reasonably construed to
29, HRS, or 238-3(j), HRS and chapter 15-306,
poration or any of the respective counties.
be exercisable by a county for the purpose
HAR. For example, equipment or tools that are
of developing, constructing, and providing
A qualified entity importing any property,
purchased by the contractor for use during the
low-and moderate-income housing; . . .
services, or contracting to be used in a certified
contract then retained by the contractor as the
provided further that county projects shall
or approved housing project may file Form G-37.
contractor’s assets do not qualify as exempt for
be granted an exemption from general ex-
The Hawaii Housing Finance and Develop-
general excise tax purposes. Section 15-306-2,
cise or receipts taxes in the same manner
ment Corporation or any of the respective coun-
HAR defines “allowable construction costs” to
as projects of the Hawaii housing finance
ties may certify for exemption from general excise
mean:
and development corporation, pursuant to
taxes any qualified entity involved with a newly
“. . . expenses incurred by a contractor,
section 201H-36; . . .”
constructed or rehabilitated project development
for contracting, services and materials
Ҥ201H-36 Exemption from general ex-
under section 46-15.1 or 201H-36, HRS.
which are to be incorporated (in such a
cise taxes. (a) In accordance with section
2. When to Prepare Form G-37. Qualified enti-
form as to be perceptible to the senses)
237-29, the corporation may approve and
into, or used completely by the contractor
ties shall prepare Form G-37 upon final execu-
certify for exemption from general excise
in, the development and construction of
tion of the contract for construction or moderate
taxes any qualified person or firm involved
real property improvements and fixtures
or substantial rehabilitation of an eligible hous-
with a newly constructed, or moderately or
for a newly constructed, or moderately
ing project and submit the Form G-37 with the
substantially rehabilitated project:
or substantially rehabilitated eligible
required supporting documentation (see chapter
(1) Developed under this part;
housing project that are associated with
15-306, Hawaii Administrative Rules (HAR) for
(2) Developed under a government
the residential portion of the project,
more information) to the Hawaii Housing Finance
assistance program approved by
or that are incidental or de minimis
and Development Corporation or the respec-
the corporation, including, but not
nonresidential uses within the project.”
tive county for certification. A cumulative list of
limited to, the United States Depart-
licensed suppliers and subcontractors is to be
ment of Agriculture 502 program
If the full exemption amount is not used on
submitted by the developer or general contrac-
and Federal Housing Administration
the exempt project, the exemption is limited to the
tor with Form G-37. Inclusion of a supplier or
235 program;
amount actually used on the project.
subcontractor on this list will not serve to certify
(3) Developed under the sponsorship of
6. Exclusion from the Use Tax. The use tax is
the listed supplier or contractor for the exemption.
a private nonprofit organization pro-
The developer or general contractor of an eligible
meant to complement the general excise tax. The
viding home rehabilitation or new
housing project shall submit Forms G-37 on be-
use tax is an excise tax on the use of imported
homes for qualified families in need
half of any subcontractors, material houses, real
tangible personal property, services, or contract-
of decent, low-cost housing; or
estate sales agencies, or other entities involved
ing in Hawaii purchased from one who is not li-
(4) Developed by a qualified person
with the planning, design, financing, construc-
censed to do business in Hawaii.
or firm to provide affordable rental
tion, or sale of the housing project.
The use of any property, services, or con-
housing where at least fifty per cent
3. Where to File Form G-37. Submit this form to
tracting related to the certified or approved hous-
of the available units are for house-
ing project is not subject to the imposition of the
holds with incomes at or below
a certifying agency for approval. After certifica-
use tax. The exemption applies to the tangible
eighty per cent of the area median
tion by the Hawaii Housing Finance and Develop-
personal property, services, or contracting pur-
family income as determined by the
ment Corporation (677 Queen Street, Suite 300,
chased from the unlicensed seller for a qualified
United States Department of Hous-
Honolulu, HI 96813) or the respective county, the
project. If the full exemption amount is not used
ing and Urban Development, of
certifying agency will file the original copy of the
on the exempt project, the exemption is limited to
which at least twenty per cent of the
Form G-37 with the Oahu Office Audit Branch
available units are for households
the amount actually used on the project.
Chief. A copy will be retained by the governmen-
with incomes at or below sixty per
tal agency certifying or approving the housing
If the qualified entity is importing any prop-
cent of the area median family in-
project, and a copy will also be given to the quali-
erty, services, or contracting for use in the cer-
come as determined by the United
fied entity for its records.
tified or approved housing project, the qualified
States Department of Housing and
entity must complete Schedule A, List of Unli-
4. Exemption from the General Excise Tax.
Urban Development.
censed Suppliers and Subcontractors. If a busi-
The exemption from the payment of the tax shall
ness on this list is determined by the Department
(b) All claims for exemption under this sec-
be claimed on the general excise tax return un-
of Taxation to be subject to Hawaii’s General
tion shall be filed with and certified by the
der column “b” and explained as “Section 237-
Excise or Use Tax on any part of the purchase
corporation and forwarded to the depart-
29, HRS, Exemption” on Schedule GE (Form G-
listed by the qualified entity, the unlicensed seller
ment of taxation. Any claim for exemption
45/G-49), Schedule of Exemptions and Deduc-
may use a copy of this Schedule A as evidence
which is filed and approved, shall not be
tions Claimed, attached to the tax return. To this
of exemption certification of the sale to the quali-
considered a subsidy for the purpose of
extent, section 237-29, HRS, provides that:
fied entity of tangible personal property, services,
this part.”
“(a)
All gross income received by any
or contracting qualifying for the exemption under
9. Changes to previously filed Form G-37s. If
qualified person or firm for the planning,
sections 237-29 and 238-3(j), HRS. This deemed
your contract for work on a qualified project ex-
design, financing, construction, sale, or
certification is subject to verification by the De-
periences substantial changes, you must file a
lease in the State of a housing project
partment of Taxation. The qualified entity may
revised, or amended, Form G-37 with the agency
that has been certified or approved
prepare and submit a separate Schedule A for
that certified your original submission. This re-
under section 201H-36 shall be exempt
each unlicensed supplier or subcontractor, if the
vised Form G-37 must include the full amounts
from general excise taxes.
entity anticipates providing a copy of the certifica-
of the contract. A revised Schedule A must also
tion to the unlicensed seller and doesn’t want to
(b) All gross income received by a nonprofit
be submitted, if applicable. “Substantial change”
disclose its purchases from other sellers.
or a limited distribution mortgagor for
means that the change is more than 20% of the
7. Failure to File Form G-37. The certified Form
a low-and moderate-income housing
original contract amount or the change is more
project certified or approved under
G-37 must be first filed with the Oahu Office Audit
than $200,000.
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