THE SENATE
S.B. NO.
3300
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating to procedures for tax appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in the recent case In re: Tax Appeal of PM & AM Research, Inc. v. State, CAAP‑25‑0000525 (Haw. App. Sept. 17, 2025), a taxpayer attempted to appeal a tax assessment by the department of taxation to the Hawaii tax appeal court. Due to a procedural technicality, the court dismissed the appeal. On appeal to the intermediate court of appeals, the court observed that the taxpayer had not paid the assessed tax, as required by section 235-114, Hawaii Revised Statutes, and dismissed the appeal on that basis. Thus, the taxpayer was denied any substantive review of the assessment.
Accordingly, the purpose of this Act is to clarify that:
(1) A tax shall be paid before the courts may entertain a second appeal on the merits of the dispute; and
(2) A taxpayer who partially prevailed during the taxpayer's first appeal shall pay the amount determined to be due in that first appeal, rather than the entire assessment, in order to make a subsequent appeal.
SECTION 2. Section 235-114, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person aggrieved by any assessment of the tax or liability imposed by this chapter may appeal from the assessment in the manner and within the time hereinafter set forth. Appeal may be made either to the taxation board of review or to the tax appeal court. The first appeal to either the taxation board of review or to the tax appeal court may be made without payment of the tax assessed. Either the taxpayer or the assessor may appeal to the tax appeal court from a decision by the board or to the intermediate appellate court from a decision by the tax appeal court; provided that if the decision [Underlined: on the merits] by the board or the tax appeal court is appealed by the taxpayer, [[Struck through: or the decision by the board in favor of the department is not appealed,]] the taxpayer shall pay the tax [[Struck through: assessed]][Underlined: , as determined by the board or the tax appeal court,] plus interest as provided in section 231-39(b)(4)."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Taxation; Tax Appeals; Payments Under Protest
Description:
Requires a tax to be paid before the courts may entertain a second appeal on the merits of the dispute. Requires a taxpayer who partially prevailed during the taxpayer's first appeal to pay the amount determined to be due in that first appeal, rather than the entire assessment, in order to make a subsequent appeal.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.