1. Why do businesses charge me (the customer) the tax?
Businesses are not actually charging you the tax. Instead, they are just showing you the amount which they have included in the total price in order to pay the general excise tax due on the transaction. For example, if your bill says $100 plus $4 tax for a total price of $104, it means that the total price is $104, of which $4 is included to pay the general excise tax due on the transaction.
When a business chooses to show an amount which is represented as general excise tax in this way, it is said
to be "visibly passing on the general excise tax to the customer".
2. Must businesses visibly pass on the general excise tax to their customers?
No. Businesses are not required to visibly pass on the general excise tax to their customers. In fact, the general excise tax law says nothing at all about how the business recovers this expense from the customer.
There are, however, certain circumstances in which the visible passing on of the general excise tax is prohibited. For example, if the price of goods or services is fixed by law, such as insurance commissions or towing charges, businesses cannot add on a tax component which would exceed the rate established by law. For further information on when the visible passing on of the general excise tax is prohibited, call the Department of Commerce and Consumer Affairs' Office of Consumer Protection at 587-3222.
Department of Taxation Tax Facts 96-1
3. If a business does not visibly pass on the general excise tax to its customers, does it mean that there is no
tax?
No. Just because a business does not visibly pass on the general excise tax does not mean that there is no tax
on the transaction. Because businesses use part of the income derived from business transactions with customers to pay for their business expenses including taxes, the general excise tax is a component of the price customers are charged whether it is visibly passed on or not. As a result, while the tax law generally is silent with respect to a business' dealings with its customers, it specifically prohibits businesses which do not visibly pass on the general excise tax from claiming that the tax is not a part of the price. In other words, businesses which do not visibly pass on the general excise tax cannot claim that there is no tax included, or that no tax is charged. Businesses which violate this provision may be fined up to $50.
4. If businesses are not required to visibly pass on the general excise tax to their customers, why do they do
it?
Businesses have been visibly passing on the general excise tax to customers for decades. It did serve a purpose at one time. For income tax purposes, any general excise tax which was visibly passed on was treated as a sales tax which could be claimed as an itemized deduction. That income tax provision, however, was repealed for tax years beginning in 1987.
At the present time, only businesses which also are subject to the 7.25% Hawaii transient accommodations tax may derive a tax benefit from visibly passing on their general excise tax to their guests or tenants. These taxpayers may exclude the general excise tax visibly passed on to their guests or tenants from gross rental income subject to the transient accommodations tax.
5. Why do some businesses add nothing extra for tax, some add 4%, and some add 4.166%?
The reason depends first on whether the business chooses to visibly pass on the tax or not, and second, if visibly passed on, the extent to which the business chooses to recover the general excise tax expense incurred on the transaction through a specific charge to the customer.
IF the business does not add anything extra for tax, then the business has chosen not to visibly pass on its
general excise tax expense.
EXAMPLE 1 - Business X charges its customers $125; it does not visibly pass on its general
excise tax expense. The customer pays $125 to X, and X pays $5 (4% of $125) in general
excise tax to the State. Part of the remaining $120 (the $125 total price less the $5 tax paid)
will be used by X to pay its other expenses; the rest is X's profit.
IF the business adds 4% extra for tax, then the business has chosen to visibly pass on its general excise tax
expense, and to recover 4% of a base amount from customers to pay the general excise tax expense incurred on the transaction. The 4% recovered is part of the total price subject to the general excise tax.
EXAMPLE 2 - Business Y charges its customers a base amount of $125 and visibly passes
on an additional $5 (4% of $125) for a total price of $130 ($125 + $5). The customer pays
$130 to Y, and Y pays $5.20 (4% of $130) in general excise tax to the State. Part of the
remaining $124.80 (the $130 total price less the $5.20 tax paid) will be used by Y to pay its
other expenses; the rest is Y's profit.
IF the business adds 4.166% extra for tax, then the business has chosen to visibly pass on its general excise tax expense, and to recover 4.166% of a base amount from customers to pay the general excise tax expense incurred on the transaction.
EXAMPLE 3 - Business Z charges its customers a base amount of $125 and visibly passes
on an additional $5.21 (4.166% of $125) for a total price of $130.21 ($125 + $5.21). The
customer pays $130.21 to Z, and Z pays $5.21 (4% of $130.21) in general excise tax to the
State. Part of the remaining $125 (the $130.21 total price less the $5.21 tax paid) will be
used by Z to pay its other expenses; the rest is Z's profit.
In the three examples above, note that, although the amount of general excise tax paid to the State differed, the percentage due the State in general excise tax was the same (i.e., 4%).