N-362E: Pass-Through Entity Tax Election (2025)
Hawaii · Hawaii DoTax · Used for tax years 2025
Hawaii Form N-362E is used to elect to pay Hawaii income taxes at the pass-through entity level. It records the entity’s information and the signatures of either its members or an authorized responsible party. The yearly election is irrevocable and binds all partners, shareholder
Who files this form
Pass-through entities (PTEs) use Form N-362E if they choose to pay Hawaii income taxes at the entity level. This is an optional, yearly election, not a requirement for every PTE.
The election is irrevocable and binds all partners, shareholders, and members of the electing entity.
When it's due
For the 2025 tax year, the form states that the election must be filed with Form N-20 or N-35:
- By April 20 for calendar-year filers.
- By the 20th day of the fourth month after the taxable year closes for fiscal-year filers.
A six-month extension applies if one has been granted for the taxable year. The text does not print a calendar year alongside the April 20 deadline.
What you'll need
Have these forms and details ready:
- Form N-20 or N-35, to which Form N-362E must be attached.
- The entity's tax year, name, FEIN, mailing address, and total number of owners or partners.
- The type of federal return filed: partnership Form 1065 or S corporation Form 1120-S.
- If a responsible party signs: their name, SSN, mailing address, title, email, phone number, signature, and date.
- If members sign: each current member's name, FEIN or SSN, title, signature, and signature date. Attach extra copies of the member-signature page if needed.
- Form L-110 if requesting a waiver from electronic filing.
How to file
File Form N-362E electronically with Form N-20 or N-35 unless you obtain a waiver by filing Form L-110. Form N-362E must be attached to the return.
Check the box showing who signs the election:
- All current members: Complete Part III with each member's signature and date.
- An authorized responsible party: Complete and sign Part II, and skip Part III. The signer must be an officer, manager, or member authorized to make the election and must attest to that authority under penalty of perjury.
The supplied text does not give a mailing address or electronic submission website. Forms and instructions are available at tax.hawaii.gov or any taxation district office.
Common mistakes
- Leaving the election separate from the return: The form specifically says Form N-362E MUST be attached to Form N-20 or N-35.
- Filing on paper without a waiver: Electronic filing is required unless a waiver is obtained by filing Form L-110.
- Omitting required signatures or dates: Either each current member must sign and date the election, or an authorized responsible party must do so.
- Leaving supplemental signature pages unnumbered: If extra copies of the member-signature page are needed, enter the supplemental page numbers at the bottom left.
Questions people ask
Can the entity revoke the election?
No. The form describes the election as yearly and irrevocable.
Who is bound by the election?
All partners, shareholders, and members of the electing PTE are bound by it.
Does every member have to sign?
Not if an authorized responsible party signs and dates the election. Otherwise, each person who is a member at the time of the election must sign and date it.
What change does the 2025 form highlight?
Act 58, Session Laws of Hawaii 2025, requires all qualified members to adjust their income to include their share of taxes paid by an electing PTE. This applies to taxable years beginning after December 31, 2024.