Terms Used In Hawaii Revised Statutes 255D-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

“Agreement” means the streamlined sales and use tax agreement as adopted.

“Certified automated system” means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.

“Certified service provider” means an agent who performs all of the seller’s sales tax functions and is certified jointly by the states that are signatories to the agreement.

“Department” means the department of taxation.

“Person” means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.

“Sales tax” means the general excise tax levied under chapter 237.

“Seller” means any person making sales, leases, or rentals of personal property or services.

“State” means any state of the United States and the District of Columbia.

“Use tax” means the use tax levied under chapter 238.