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HRS §235-122

How S corporations and their owners are taxed in Hawaii

This section explains how Hawaii treats S corporations for tax purposes. It says the state follows federal rules for S corporation elections. Generally, the corporation itself does not pay Hawaii income tax, but if it does, the tax is at the highest corporate rate. Shareholders report their share of the corporation's income on their own Hawaii tax returns.

The statute, as written — Taxation of an S corporation and its shareholders

(a) An election under section 1361(b)(3) and (e), or 1362(a) of the Internal Revenue Code shall be effective for the purposes of this chapter. Evidence of a valid election for federal purposes shall be submitted to the department in such form and at such time the department may prescribe. (b) Except as provided in the following sentence, an S corporation shall not be subject to the tax imposed by section 235-71. If income of an S corporation is subject to federal income tax, then such income as modified by section 235-123, to the extent it constitutes income attributable to the State, shall be taxed at the highest marginal rate of tax imposed on the net income of corporations. If an S corporation is required to pay a tax to this State by reason of the preceding sentence, then the income attributable to the State of the S corporation shall be reduced by the amount of the tax. (c) Each shareholder's pro rata share of income attributable to the State and each resident shareholder's pro rata share of income not attributable to the State, to the extent modified pursuant to section 235-123, shall be taken into account by the shareholder in the manner provided in section 1366 of the Internal Revenue Code for the purposes of section 235-4 and shall be taxable under section 235-51.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§235-123 How S corporation income is adjusted for shareholders

§235-4 Who pays Hawaii income tax and on what income

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.