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Hawaii Form Instructions 1041: What You Should Know

The income to qualify is: gross income, subject to the Hawaii Income Tax Law but not include- ING wages and salaries. (1) A trust's gross income for a calendar year is defined as gross income, subject to the Hawaii Income Tax Law but not include- ING wages and salaries: (a) Over 6,000 (500 for the first 6,000, and 400 thereafter, if any part of the trust's gross income is includible in the trust's income) (b) Subject to the provisions of the Hawaii Income Tax Law, other than income and gross income included or excluded from gross income in the definition of income tax (see IRC 2103(d)) (c) Other than income not subject to the special treatment of IRC chapter 61 or the special treatment of IRC 66. (d) Gross income included in the trust's gross income, including wages and salaries. (2) For a trust established by a partnership that operates as a joint venture, a trust (other than a trust established by a partnership) that operates as a joint venture is considered to have gross income from all sources. (3) For purposes of the definition of gross income (see ¶ 1) in paragraph (b) of this section, income is includible in gross income if it accrues to an individual or a trust by reason of the individual's or trust's being a resident of Hawaii. (4) Income from a source other than wages or salaries includes, but is not limited to, unearned income, income from the sale of personal property, income from the sale of depreciable property, income from the sale of personal services, dividends, interest, capital gains, and long-term debt or loans. Income from short- term contracts may also be included in gross income if such income is attributable to personal services provided for a specific purpose and is not the basis (or ancillary part) of or ancillary to property held for investment purposes. (5) Income from certain employment (including an employer's share of unemployment compensation and compensation for workers' compensation benefits) is includible in gross income. Any part of an employee's unemployment compensation or compensation for workers' compensation benefits includable in gross income by reason of employment for a qualified employer (see Section 63-2220 et seq.

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