Haw. Code R. § 18-231-3-14.16 - Cancellation of licenses; placement on inactive status
(a) As used in this section:
"Annual return" means a tax return required to be filed under section 237-33, 237D-7, or 251-6, HRS.
"License" means a license issued under chapter 237, HRS, or a certificate of registration issued under chapter 237D or 251, HRS.
"Licensee" means the person to whom a license has been issued.
"Periodic return" means a tax return required to be filed under section 237-30, 237D-4, or 251-3, HRS.
(b) Any person who
goes out of business or otherwise ceases to engage in activity for which the
person was licensed, or who transfers ownership of a business, shall notify the
district tax office to which the person reports by cancelling the license on a
form prescribed by the department not more than ten days after the transfer of
ownership or the cessation of activity. As used in this section, a transfer of
ownership means that the business is conducted by a different person or
company. A transfer of ownership occurs, for example, if a sole proprietorship
is changed to a partnership or corporation. A licensee shall return the license
to the department with the notice of cancellation.
(c) A licensee that discontinues its business
activity temporarily may request in writing that its license be placed on
inactive status.
(1) Any request for inactive
status shall include the licensee's agreement that the licensee must request
reactivation of the license and file a periodic return if the licensee later
derives any income from business activity.
(2) The director may grant the request for
inactive status for a period not to exceed two years, and upon request may
extend the inactive status of a license for additional periods of no more than
two years each, if the director is satisfied that the interests of the State
will not be jeopardized.
(3) If the
request is granted, the director shall inform the licensee of the effective
date. The director shall return a license on inactive status to active status
upon a licensee's written request.
(d) Cancellation of a license, or placement
of a license on inactive status, shall have no effect on liability for payment
of taxes, fees, penalties, or interest incurred or imposed.
Notes
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