Act 115 Refund
Act 115 Refund Information
The 2022 Hawaii State Legislature passed S.B. 514 which provides a refund for resident taxpayers who file their 2021 individual tax return (Form N-11) on or before December 31, 2022. Governor David Y. Ige approved this measure on June 22, 2022 and it became Act 115, Session Laws of Hawaii 2022. The amount of the refund is $100 or $300 per exemption (person) depending on the taxpayer’s federal adjusted gross income and filing status. Please see Tax Announcement 2022-03 for more details.
Act 115 Refund Distribution Status
Act 115 refunds have been distributed to all eligible taxpayers whose 2021 Hawaiʻi individual tax returns were processed and verified by the Department of Taxation.
Frequently Asked Questions
1. What is an Act 115 Refund?
Act 115, Session Laws of Hawaii 2022 (Act 115), provides a one-time constitutional refund to each qualifying resident taxpayer who files an individual income tax return for the 2021 tax year on or before December 31, 2022.
2. Who qualifies for an Act 115 refund?
Resident taxpayers who file individual income tax return for the 2021 tax year who have been a resident of Hawaii for at least nine (9) months.
The refund will not be available for:
1) Any person who is claimed or eligible to be claimed as a dependent by another taxpayer for federal or Hawaii individual income tax purposes.
2) Any person who has been convicted of a felony and who has been committed to prison, and any misdemeanant who has been committed to jail for the full 2021 tax year.
3. What do I need to do to receive the refund?
File your 2021 individual income tax return by December 31, 2022. If you have already filed your 2021 individual income tax return you do not need to take any further action.
4. How much will my Act 115 refund be?
Your Act 115 refund amount is based on your filing status, federal adjusted gross income, and the number of exemptions you are allowed to claim. For the Act 115 credit, only one refund per person will be allowed. The Act 115 refund is $100 or $300 per person as follows:
| Filing Status | Federal Adjusted Gross Income | Refund Per Exemption (Person) |
|---|---|---|
| Single | Under $100,000 | $300 |
| Single | $100,000 and over | $100 |
| Head of Household | Under $100,000 | $300 |
| Head of Household | $100,000 and over | $100 |
| Married Filing Joint | Under $200,000 | $300 |
| Married Filing Joint | $200,000 and over | $100 |
| Married Filing Separate (Both spouses combined) | Under $200,000* | $300 |
| Married Filing Separate (Both spouses combined) | $200,000 and over* | $100 |
| Surviving Spouse / Qualified Widow(er) | Under $200,000 | $300 |
| Surviving Spouse / Qualified Widow(er) | $200,000 and over | $100 |
* These federal AGI thresholds for married filing separate filers are combined for both spouses. These filers are eligible for the amount of refund they would be eligible for if they have filed jointly.
5. When will I receive my Act 115 refund?
Act 115 refund will be issued based on the order in which the 2021 individual income tax returns are filed.
The Department of Taxation will begin issuing Act 115 refunds in the first week of September 2022.
The estimated Act 115 Refund delivery dates are in the chart below:
| N-11/N-15 Filing Date | 1/1/22 – 7/31/22 | 8/1/22 – 12/31/22 |
|---|---|---|
| Direct Deposit Refund | September 2022 | up to 10 weeks after filing |
| Paper Check Refund | September – October 2022 | up to 12 weeks after filing |
The Department of Taxation continually monitors and evaluates tax and financial information to prevent fraudulent activity. A refund may be converted from direct deposit to a paper check if there is information that cannot be validated or there is information conflicting with other returns filed. For security purposes, the validations that are performed cannot be disclosed.
If you have not received direct deposit refunds by the estimated time, Department of Taxation requests that you be patient through the end of October. There may be some that late deposit, rejected, or converted into paper check for various reasons. As soon as the check stock is received, paper check refunds will be released at the rate of 90,000 per week.
An efficient method for questions is to email Department of Taxation at [email protected]. Taxpayer may also call (808) 587-4242, but the email would be a more efficient process.
6. Will I receive my Act 115 refund by electronic direct deposit or paper check?
If you claimed a refund on your 2021 individual income tax return and requested an electronic direct deposit, your Act 115 refund will be deposited into the same bank account.
You will receive your Act 115 refund by paper check if you requested a paper check refund, did not owe any additional taxes, or owed additional taxes.
7. Can I change how I will receive my Act 115 refund?
No, the Department of Taxation is unable to change the issuance of an Act 115 refund from electronic direct deposit to paper check or vice versa.
8. I am receiving my Act 115 refund by paper check but have moved since I filed my return, what should I do?
Please update your address via Hawaii Tax Online or file Form ITPS-COA as soon as possible. The Department of Taxation is unable to update an address by phone call or unsecured email.
To update your address at HTO:
- Log-in to HTO, select More… tab, Registration tile, select Manage Mailing Address
- Use Default Mailing Address, select Update Mailing Address
- Enter required information and select Submit
9. I am receiving my Act 115 refund by direct deposit but have closed my bank account since I filed my return, what should I do?
You do not need to take any further action. You will receive your Act 115 refund by paper check.
10. I filed my original 2021 individual income tax return and also filed an amended 2021 individual income tax return, am I eligible for the Act 115 refund?
Yes, your Act 115 refund will be based on your amended 2021 individual income tax return.
11. My 2021 individual income tax return reported additional taxes due, do I qualify for an Act 115 refund?
Yes, regardless of whether you owed additional taxes or claimed a refund on your 2021 individual income tax return, you qualify for an Act 115 refund.
12. I am 65 years old and allowed to claim two exemptions based on my age on my 2021 individual income tax return, do I qualify for two Act 115 refunds?
No, each person is only allowed one Act 115 refund.
13. I am disabled and allowed to claim a personal exemption amount of $7,000 on my 2021 individual income tax return, do I qualify for more than one Act 115 refund.
No, each person is only allowed one Act 115 refund.
14. I file jointly with my spouse, we have two children, and our federal adjusted gross income (federal AGI) is $150,000, how much will my Act 115 refund be?
Your Act 155 refund will be $1,200 because you have four qualifying people and are eligible for the $300 per person refund.
15. I am married but file separately from my spouse, we have no dependents, my federal AGI is $150,000, and my spouse’s AGI is $75,000, how much will our Act 115 refund be?
Married taxpayers filing separately must combine both spouses federal AGIs to determine the Act 115 refund amount. Since your combined federal AGI is above $200,000, each spouse will receive an Act 115 refund of $100.
16. Will my Act 115 refund be offset by taxes that I owed?
Act 115 refund will be used to offset taxes owed to IRS and any outstanding debt to external agencies, such as for child support payment. However, Act 115 refund will not be used to offset taxes owed to State of Hawaii.
17. Is my Act 115 refund subject to income tax?
The IRS released guidance regarding the federal taxability of the Act 115, Session Laws Hawaiʻi 2022 (“Act 115”), payment that can be found here.
It is the Department’s determination that the treatment of the Act 115 payment as being excludable will be acknowledged for state income tax purposes. This guidance will only apply to the Act 115 payment and the taxability of any similar future payments will be determined at time of their issuance.
As an additional note, since the Act 115 payment amount was not included in the 1099-G for tax year 2022, no correction is required and taxpayers will not be issued a revised 1099-G form.
18. The bank account in my 2021 individual income tax return was created by my tax preparer. How will I receive my Act 115 refund?
The Act 115 refund will be deposited into the bank account specified in taxpayers’ 2021 individual income tax return. If the bank account was created by a tax preparer, please contact your tax preparer if you have any questions on how to access the Act 115 refund that will be deposited into that bank account. If the bank account has been closed by the tax preparer, you will receive your Act 115 refund via paper check.
19. How much will I receive if I filed my 2021 individual income tax return as Married Filing Separate but my spouse has yet not filed a 2021 individual income tax return? I have three children, my federal AGI is $75,000, but I don’t know my spouse’s federal AGI.
Married taxpayers filing separately must BOTH have filed a 2021 individual income tax return in order to calculate the combined federal AGI to determine the Act 115 refund amount. Since your combined federal AGI is unknown, you will receive $400 ($100 per qualifying person). If your spouse files a 2021 individual income tax return before December 31, 2022 and your combined federal AGI is below $200,000, you will receive an additional Act 115 refund of $800 (additional $200 per qualifying person).
20. I received an Act 115 refund for my mother, who passed away in 2021. What should I do with the refund? Do I need to send it back?
Act 115 refunds are issued to qualifying resident taxpayers who filed individual income tax returns for the 2021 tax year, whether or not still living. You do not need to return the refund. If the check needs to be reissued in the name of the surviving spouse, court-appointed or certified personal representative, or other person, the Statement of Person Claiming Refund Due a Deceased Taxpayer (form N-110) must be completed and submitted along with the refund check to the Department of Taxation. The refund will be re-issued in the appropriate name.