HRS §235-64.2
When partnerships and trusts must withhold tax for nonresidents
This section says partnerships, estates, and trusts must take out tax from the share of income that nonresident owners get from Hawaii. They must send that money to the state tax department. Publicly traded partnerships do not have to withhold, but they must report their owners' information to the tax department.
The statute, as written — Withholdings by partnerships, estates, and trusts
Partnerships, estates, and trusts shall withhold an amount equal to the highest marginal tax rate applicable to a nonresident taxpayer multiplied by the amount of the taxpayer's distributive share of income attributable to the State reflected on the partnership's, estate's, and trust's return for the taxable period. All amounts withheld shall be paid to the department of taxation in a manner that the department may prescribe. Withholding shall not be required to be submitted by a publicly traded partnership, as defined by section 7704(b) of the Internal Revenue Code, otherwise in compliance with this section. A publicly traded partnership shall file an annual information return reporting the name, address, taxpayer identification number, and other information requested by the department of taxation of each unit holder with income sourced to the State.
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