Hawaii 2026 Regular Session

Hawaii Senate Bill SB2738

Introduced
1/23/26  
Refer
1/30/26  
Report Pass
2/20/26  

Caption

Relating To Tax Haven Abuse.

Impact

The implementation of SB2738 is expected to have a significant impact on the way corporate taxes are calculated in Hawaii. Starting January 1, 2028, the bill will require corporations to submit detailed reports on their profits, losses, and other financial transactions not just from within the state but also from their dealings in other states. This comprehensive reporting could lead to an increase in tax revenue for the state, as it addresses an estimated annual loss of $38 million due to outdated tax laws. The legislation aligns the state's tax requirements more closely with federal regulations, thereby promoting consistency and compliance.

Summary

SB2738 aims to enhance the transparency and integrity of corporate taxation in Hawaii by addressing the abuse of tax havens. The bill mandates that corporations include the income of all foreign subsidiaries in their state tax filings, applying a more fair and effective method of determining corporate tax liability. This approach seeks to close loopholes that currently allow corporations to avoid substantial tax obligations by shifting their earnings to jurisdictions with minimal or no taxes. By implementing these measures, the legislation strives to generate additional revenue for the state’s general fund, which is imperative for funding public services.

Sentiment

Discussions surrounding SB2738 reveal a general sentiment of support among proponents who view it as a necessary step to ensure fairness in taxation and curtail tax avoidance strategies used by corporations. Many believe that its passage will strengthen public trust in the tax system and contribute to economic equity. However, there are also concerns echoed by some business groups who argue that the additional reporting requirements may burden corporations, especially smaller ones, with increased compliance costs. Nevertheless, the overarching sentiment leans toward improving tax law reform to bolster state revenue.

Contention

Key points of contention include the potential ramifications for businesses operating in Hawaii. While supporters argue the bill will level the playing field and ensure all corporations contribute fairly to state revenues, critics warn of unintended consequences such as discouraging investment in the state. The requirements for state-by-state reporting could particularly challenge companies that may not have the infrastructure in place to comply with the new regulations effectively. This ongoing debate illustrates the tension between the need for robust tax revenue and maintaining a favorable business environment.

Companion Bills

HI HB2149

Same As Relating To Tax Haven Abuse.

Previously Filed As

HI SB314

Relating To Tax Haven Abuse.

HI HB116

Relating To Tax Haven Abuse.

HI HB759

Relating To Tax Haven Abuse.

HI SB1033

Relating To Taxation.

HI SB1043

Relating To Taxation.

HI SB338

Relating To Taxation.

HI SB123

Relating To Taxation.

HI SB328

Relating To Taxation.

HI SB250

Relating To Taxation.

HI SB1465

Relating To Pass-through Entity Taxation.

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