How to Reinstate a Hawaii LLC
To revive a Hawaii LLC, you’ll need to file the Hawaii Application for Reinstatement with the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division (BREG). You’ll also have to fix the issues that led to your Hawaii LLC’s dissolution and obtain a tax clearance certificate from the Hawaii Department of Taxation. Below, we provide a free, step-by-step guide to reinstating your Hawaii LLC.
Revive Or Reinstate A Hawaii Limited Liability Company
The state has the power to administratively dissolve or “terminate” your Hawaii LLC if you fail to do any of the following:
- file annual reports for two years
- appoint or maintain a registered agent
- properly file paperwork for changes to the registered agent or office
- pay any fees required by law
In order to get back into business again, you can apply for reinstatement. To revive or reinstate your Hawaii LLC, you’ll need to submit the following to Hawaii’s BREG:
- a completed Hawaii Application for Reinstatement (Form X-4)
- a tax clearance certificate issued by the Hawaii Department of Taxation
- any missing annual reports (including delinquent costs and fees)
- a $25 filing fee
What information do I need for the Hawaii Application for Reinstatement?
To file the Hawaii Application for Reinstatement, you’ll first need to select your entity type (LLC). You’ll then list your LLC name, the date your LLC was dissolved, and the amount of delinquent fees and penalties you’re including payment for.
Your tax clearance certificate and any late annual reports must be attached to your application. The form must also be signed by at least one member (or one manager if your LLC is manager-managed).
How do I file the Hawaii Application for Reinstatement?
You can submit the Hawaii Application for Reinstatement to BREG by mail, in person, or by fax. Payment options depend on how you plan to file:
- Mail: Check (payable to “Department of Commerce and Consumer Affairs”)
- Fax: Credit card (documents must specify regular or expedited review, the total payment amount, and the sender’s credit card and contact information)
- In Person: Check or credit card
Where do I submit my Hawaii Application for Reinstatement?
Reinstatement applications are processed by the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division.
PO Box 40
Honolulu, HI 96810
King Kalakaua Building
335 Merchant Street, Rm 201
Honolulu, HI 96813
How much will it cost to revive a Hawaii LLC?
The filing fee for an Application for Reinstatement is $25. The filing may be expedited for an additional $25 fee.
How long does it take the state to process the Hawaii Application for Reinstatement?
It takes Hawaii’s BREG about five business days to process the Application for Reinstatement (1-3 days expedited). If you include the time to get the tax clearance certificate (see below), the total process to reinstate your Hawaii LLC can take up to 20-30 business days.
Can you change your Hawaii registered agent on the Hawaii reinstatement?
The Hawaii Application for Reinstatement does not give you the option of changing your registered agent at the time of reinstatement. You can change your Hawaii registered agent by completing and filing Form X-7 Statement of Change of Registered Agent by Entity with Hawaii’s BREG or in your annual report.
However, if your Application for Reinstatement includes your most current annual report, you can use this report to update changes to your registered agent, as well as changes to your principal address or members or managers.
How long do you have to revive a Hawaii LLC?
You can revive a business within two years after the date of dissolution. After that time, you’ll have to form a new Hawaii LLC.
Hawaii Tax Clearance
Before you can submit your Hawaii Application for Reinstatement, you’ll need to obtain a letter from the Department of Taxation clearing your business of tax liability. If you’re behind on taxes, this means you’ll need to first submit any past filings or payments (or arrange a payment plan).
Not sure if your business is current with Hawaii tax requirements? Contact the Department of Taxation at (808) 587-4242 or email Taxpayer.Services@hawaii.gov.
How do you get a tax clearance letter for a Hawaii LLC?
To get a tax clearance certificate from the Hawaii Department of Taxation, you’ll need to submit a Tax Clearance Application (Form A-6). You can download the application from the Department of Taxation website or file electronically with Hawaii Tax Online. There’s no fee to submit the application.
At minimum, you’ll be required to provide contact and identification information (such as your Hawaii Tax ID and EIN) and the signature of an authorized person, such as a member or manager. You’ll also need to note why the tax clearance is required. There are additional questions for certain businesses, such as tax-exempt nonprofits and businesses without a GET license.
How long does it take to receive Hawaii tax clearance?
If you file your tax clearance application by mail, by fax, or online, it usually takes 10-15 business days to process. A tax clearance application walked in to any district tax office can often be processed the same business day.
Where do I file my Hawaii tax clearance application?
Paper applications can be submitted by mail, fax or in person:
State Dept. of Taxation
Taxpayer Services Branch
PO BOX 259
Honolulu, HI 96809-0259
Oahu District Office
Princess Ruth Keelikolani Building
830 Punchbowl Street
Honolulu, HI 96813-5094
Maui District Office
State Office Building
54 S High Street, #208
Wailuku, HI 96793-2198
Hawaii District Office
State Office Building
75 Aupuni Street, #101
Hilo, HI 96720-4245
Kauai District Office
State Office Building
3060 Eiwa Street, #105
Lihue, HI 96776-1889