Rental Collection Agreement

1. If you are submitting a copy of the first page of the rent collection agreement with Form RCA-1, you must file within 30 days from the date you enter into the rent collection agreement;

2. If you are submitting a copy of Form 1099 with Form RCA-1, you must file on or before:

1. February 28 following the close of the calendar year for which Form 1099 is filed with the IRS by paper; or
2. March 31 following the close of the calendar year for which Form 1099 is e-filed with the IRS; or

3. If you are filing Form RCA-1 without attachments, you must file on or before March 31 of the close of the calendar year in which you entered into the rent collection agreement.

Note: If any due date falls on a Saturday, Sunday, or legal holiday, substitute the next regular workday as the due date.

If the RCA-1 form is submitted, is the rental agreement or IRS Form 1099 also required to be submitted?
No, the RCA-1 form contains all the necessary information and satisfies the reporting requirements under HRS §§237-30.5(c) and 237D-8.5(c). Submission of the RCA-1 form provides a safe harbor, eliminating the need to include additional attachments such as the rental collection agreement or IRS Form 1099.

Is the RCA-1 form required if the rental agreement or IRS Form 1099 is submitted?
Yes, the RCA-1 form must be submitted prior to attaching the rental collection agreement or IRS Form 1099.

Is a new RCA-1 form required if an expiring rent collection agreement is extended without modifying any other terms?
Yes, an extension of an agreement is considered a new rent collection agreement.

For a multi-year verbal rent collection agreements, is an RCA-1 form required every year?
Yes, an RCA-1 form must be filed annually if you do not have a written agreement.

What if more than one person owns the property?
Each property owner must be separately listed on the RCA-1 and must have their own GET and, if applicable, their own TAT number.

If a person or entity contracts with a property manager (instead of the property owner) to collect rent, is the person or entity required to submit an RCA-1 form?
Yes, the law applies. A property manager is authorized to collect rent on behalf of the property owner, making the submission of the RCA-1 form mandatory for the rent collector.

Does the third party rent collector need to report the property owner’s address or the address of the property being rented?
The property owner’s address must be reported on the RCA-1 form.

What if the third party rent collector does not know the property owner’s address?
Without the property owner’s address, the third-party rent collector will not be able to complete and submit the RCA-1 form. Failure to submit the RCA-1 form may be subject to a fine of up to $500 per violation.

Is the third party rent collector required to report the property owner’s GET number on the RCA-1?
The third party rent collector must provide the property owner’s GET number if the number is available. If the property owner’s GET number is not available, RCA-1 form may be submitted without the GET number, however, the property owner’s social security or FEIN number is required.

Does this citation provision under HRS §§237-30.5 or 237D-8.5 apply to tax years before 2024?
No, citations cannot be issued for tax years prior to 2024. However, contracts entered into prior to 2024 but still in effect in 2024 will be subject to compliance and potential citation under the updated laws.

What is the penalty for filing the RCA-1 form late?
Failure to file by the statutory deadline may be subject to a fine of up to $500 per violation.