Haw. Code R. § 18-231-95-01 - Fine for failure to keep adequate books and records
(a) A person required to keep adequate books
and records but who fails to produce such books and records upon demand by the
special enforcement section shall be fined as follows:
(1) For the first offense, a fine of
$500;
(2) For second and subsequent
offenses, a fine of $1,000; provided that if the person is a cash-based
business, the fine shall be $2,000.
(b) A person shall not be required to keep
books and records in any particular format, provided that the books and records
fairly reflect the financial matters of the business, including (but not
limited to) the revenue and expenses of the business.
(c) The special enforcement section shall
demand the production of books and records in writing that shall state:
(1) That if the person was unable to produce
the books and records while the special enforcement section officer was
present, the person must make an appointment with the special enforcement
section officer to deliver the books and records to that officer or another
officer of the special enforcement section at a state tax office within
fourteen days; and
(2) What period
of books and records the person must produce.
(d) Where a person's business records are not
in his or her possession due to transient business location, the special
enforcement section will allow the person to produce the books and records at a
state tax office. A person may agree to produce books and records outside a
state tax office, or agree to produce books and records in a period of time
shorter than fourteen days, at his or her discretion and upon agreement with a
special enforcement section officer.
(e) Only one citation may be issued to the
person in any thirty day period for any demand of any period of books and
records. Following the expiration of the thirty day period, a citation may be
issued for failure to produce the same books and records demanded in correction
with any previous citation, or for failure to produce books and records for a
different period. Every citation issued under this section shall be considered
as a separate violation.
Notes
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