Hawaii requires most registered business entities to file an Annual Report with the Department of Commerce and Consumer Affairs (DCCA), Business Registration Division (BREG). This report updates the state with current information about your entity, helping to maintain its active status and good standing. The due date for this report is unique as it falls within the quarter of your entity’s registration anniversary date. In addition to this, there are annual tax-related filings with the Hawaii Department of Taxation and specific requirements for charitable organizations.
Why is it important to file? Maintaining good standing with the State of Hawaii is crucial for your entity’s legal operation. Failure to comply with applicable filing requirements can lead to penalties and negative consequences, including:
Late Fees:
For Corporations (Profit), LLCs, and LLPs: A $10.00 late fee is assessed for each month the report is delinquent.
For Limited Partnerships: A $25.00 late fee is assessed for each month the report is delinquent.
For Non-Profit Corporations: There is no direct late fee for the annual report, but administrative dissolution can occur.
Administrative Dissolution/Revocation: If the Annual Report is not filed, the state can administratively dissolve your domestic entity or revoke the authority of your foreign entity to transact business in Hawaii, typically after two years of delinquency.
Loss of Name Protection: Your entity’s name may become available for others to use.
Inability to Conduct Business: A dissolved or revoked status can hinder your ability to legally enter into contracts, maintain bank accounts, or defend yourself in Hawaii courts.
Complex Reinstatement: Reinstatement involves filing all delinquent reports and paying all associated fees and penalties, which can be a more involved and costly process.
Specific Requirements by Entity Type in Hawaii:
For All Entity Types (LLC, Corporation, Non-Profit, Partnership) in Hawaii:
Annual Report (Hawaii Department of Commerce and Consumer Affairs, Business Registration Division – BREG):
Frequency: Annually.
Due Date: Annual reports must be filed during the quarter that contains the registration anniversary date of your entity’s original incorporation or registration in Hawaii.
Quarter 1: January 1 – March 31 (for entities registered in Jan, Feb, Mar)
Quarter 2: April 1 – June 30 (for entities registered in Apr, May, Jun)
Quarter 3: July 1 – September 30 (for entities registered in Jul, Aug, Sep)
Quarter 4: October 1 – December 31 (for entities registered in Oct, Nov, Dec)
Example: If your entity was registered on February 14th, your annual report is due between January 1st and March 31st each year.
Filing Method: Can be filed online through the Hawaii Business Express portal (hbe.ehawaii.gov/annuals) or by mail. Online filing is generally preferred and often has a slightly lower fee.
For Corporations (For-Profit & Professional) in Hawaii:
In addition to the Annual Report:
Filing Fee for Annual Report:$12.50 (online) or $15.00 (mail) for Domestic and Foreign Profit Corporations.
Late Penalty: $10.00 for each month delinquent.
Hawaii Corporate Income Tax (Hawaii Department of Taxation – Form N-30):
Frequency: Annually.
Due Date: Generally, by the 20th day of the 4th month following the close of your taxable year (e.g., April 20th for calendar year filers).
Note: Hawaii imposes a corporate income tax on profits. Extensions to file are available (automatic 6-month extension if estimated tax is paid), but payment is still due by the original deadline.
For Limited Liability Companies (LLCs) in Hawaii:
In addition to the Annual Report:
Filing Fee for Annual Report:$12.50 (online) or $15.00 (mail) for Domestic and Foreign Limited Liability Companies.
Late Penalty: $10.00 for each month delinquent.
Hawaii Income Tax: LLCs are generally treated as pass-through entities for Hawaii income tax purposes (unless they elect to be taxed as corporations). Income and losses are reported on the owners’ individual income tax returns. Hawaii does not impose a separate state-level income tax return on the LLC itself if treated as a partnership or disregarded entity. However, the Hawaii Department of Taxation does require an informational Form N-20 (Nonresident Partnership Withholding) if the LLC has nonresident members.
For Partnerships (Limited Partnerships, Limited Liability Partnerships, Limited Liability Limited Partnerships) in Hawaii:
In addition to the Annual Report (for LPs, LLPs, LLLPs):
General Partnerships (GPs):
General Partnerships (if they have filed a Statement of Partnership Authority) must file an Annual Report.
Filing Fee for Annual Report:$5.00 (online or mail).
Late Penalty: $10.00 for each month delinquent.
They are subject to federal and state income tax reporting requirements for pass-through entities.
Filing Fee for Annual Report:$5.00 (online or mail).
Late Penalty:$25.00 for each month delinquent.
Limited Liability Partnerships (LLPs):
Filing Fee for Annual Report:$12.50 (online) or $15.00 (mail).
Late Penalty: $10.00 for each month delinquent.
Hawaii Partnership Income Tax (Hawaii Department of Taxation – Form N-20):
Frequency: Annually.
Due Date: By the 20th day of the 4th month following the close of the taxable year (e.g., April 20th for calendar year filers).
Note: This is an informational return. Partnerships are generally pass-through entities, and the partners pay tax on their share of the income. Nonresident partner withholding may apply.
For Non-Profit Corporations in Hawaii, please also note the following:
In addition to the Annual Report:
Filing Fee for Annual Report:$2.50 (online) or $5.00 (mail).
Note: An annual report is generally not required to be filed in the year the corporation was incorporated.
Penalty: No direct monetary late fee from BREG, but persistent failure to file can lead to administrative dissolution.
Charitable Organization Registration and Annual Renewal (Hawaii Attorney General’s Office – Department of the Attorney General, Charities Division):
If your non-profit solicits charitable contributions in Hawaii (unless specifically exempt), you must register and renew annually with the Hawaii Attorney General’s Office.
Due Date: Annually by the 15th day of the 5th month after your fiscal year ends (e.g., May 15th for a December 31st fiscal year-end). Extensions are permitted if an IRS extension is filed (Form 8868).
Filing Fee: Varies based on your organization’s annual gross revenue, ranging from $0 to $600.
Required Attachments: This renewal requires submitting a completed Hawaii Transmittal Form and a copy of your federal IRS Form 990 series return. Audited financial statements may be required for larger organizations.
Penalties: Penalties can vary based on revenue for late or non-filing.
Hawaii Exempt Organization Business Income Tax (Hawaii Department of Taxation):
Frequency: Annually, if applicable.
Applies if: Your non-profit has unrelated business taxable income (UBTI) that exceeds the federal filing threshold. If so, a Hawaii income tax return would be filed (Form N-70NP, Hawaii Exempt Organization Business Income Tax Return).
No other state-level income tax: Generally, if your non-profit has obtained 501(c) tax-exempt status from the IRS, it automatically qualifies as tax-exempt with the State of Hawaii for corporate income tax purposes (unless it has UBTI).
Federal IRS Form 990 Series: As a federally tax-exempt organization, your non-profit must file an annual information return with the IRS (Form 990, 990-EZ, 990-PF, or 990-N, depending on your gross receipts and assets). This is typically due by the 15th day of the 5th month after your fiscal year ends.
What information is generally required for these filings? The various Hawaii filings typically require verification or updating of the following:
Your entity’s legal name and Hawaii Business Entity ID number.
The current principal office address and mailing address.
The name and physical street address of your Hawaii Registered Agent.
For Corporations and Non-Profits: Names and addresses of your principal officers (e.g., President, Secretary, Treasurer) and directors.
For LLCs: Names and addresses of managers (if manager-managed) or members (if member-managed).
For Partnerships: Names and addresses of all partners (general partners for LPs/LLLPs, all partners for LLPs).
Updated contact information for the entity.
For Non-Profits: Details on any changes to your board of directors or charitable solicitation activities, and your gross revenue for charitable reporting.
How can we assist you? We understand that navigating Hawaii’s unique quarterly filing schedule and specific requirements can be challenging. We are here to assist you with understanding and fulfilling your Hawaii compliance obligations. Our services for these filings include:
Determining your specific filing requirements, due dates, and applicable fees.
Gathering the necessary information.
Preparing and accurately filing your Annual Reports with the Hawaii DCCA.
Assisting with the preparation and filing of your Hawaii tax returns (if applicable).
Preparing and filing any applicable non-profit charitable renewals.
Arranging payment of the applicable fees/taxes.
Confirming receipt and good standing with the Hawaii DCCA and, if applicable, the Department of Taxation or Attorney General’s Office.
What we need from you: To facilitate these filings, fill up the information sheet:
Please do not hesitate to contact us at your earliest convenience to discuss your Hawaii compliance obligations. We can help ensure your entity remains in good standing and avoids any potential penalties.
