BIL 292 Draft 02 2012-2014 - Laserfiche WebLink

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(e) For purposes of this section, the term "real property owned and occupied as a principal home" is defined as the place where an individual has a true, fixed, permanent home and principal establishment, and to which place the individual has, whenever absent, the intention of returning. It is the place in which an individual has voluntarily fixed habitation, not for mere special, temporary, or vacation purpose, but with the intention of making a permanent home. (1) [wee] Four elements are necessary for real property to be considered a "principal home." (A) The [tayipayer] owner has no other home exemption or principal home in any other jurisdiction; (B) [Intent of the ownef to efeate E)f maintain ^] The owner maintains the principal home residence within the County; [and] (C) [Owne's] The owner's actual physical occupancy of the principal home within the County [..]; and The owner has filed a Hawaii state income tax return as a full time resident for each fiscal year that the exemption is sought, or: (i) In the case of an owner who has not earned sufficient income to require the filing of a Hawaii state income tax return the owner may seek a conditional waiver of this requirement from the director by certifying that the only reason the waiver is sought is insufficient income to require the filing of a Hawaii state income tax return and by providing evidence to the satisfaction of the director that the owner is a full time resident; or (ii) In the case of an owner who relocated to the County of Hawaii and has not yet had the opportunity to file a Hawaii state income tax return but intends to file a Hawaii state income tax return at the next tax return filing deadline that owner may seek from the director a conditional waiver of this requirement by certifying that the owner shall file a Hawaii state income tax return within the next twelve months. In the event the owner does not file a Hawaii state income tax return within the twelve month period, the owner shall be charged the amount of tax that was exempted and shall not be eligible to apply for the exemption under this section for one (2) ["IntefA of the to erea4e or to maintain . pfineipal h^,,,o »] Maintaining owner- a principal residence may be evidenced by [, but not be limited to, any] one or more of the following [indieia1: (A) Occupancy of the home in the County for more than two hundred calendar days of [a] the calendar year[;] for which the exemption is sought (B) Registering to vote in the County; (C) Being stationed in the County under military orders of the United States and must claim residency only in Hawaii; or (D) Possession of any of the following with a reported address within the County of Hawaii: (i) Valid Hawaii [dfivefs] driver's license.