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Encode Hawaii wagering losses and protect them in the total itemized deduction worksheet #1663

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@MaxGhenis

Encoding gap

Parity status: queued. Filed by the US + core hub on 2026-10-11 under Max's standing go d1142 (the hub files dispatch-ready pe-parity issues; the Axiom eng hub runs the signed encoder). Each signed-encoder run needs Max's separate approval. PolicyEngine side: PolicyEngine/policyengine-us#10070.

At rulespec-us origin/main 16a6677190, us-hi/policies/income_tax/resident_core_liability_pipeline.yaml:88–90 defers complete itemized deductions. Its rationale at lines 40–41 still cites December 31, 2024 conformity. No wagering output or §235-2.3/§235-2.4 module exists.

Create us-hi/statutes/235-2.3.yaml, us-hi/statutes/235-2.4.yaml and proposed us-hi/policies/income_tax/itemized_deductions.yaml. Preserve unrelated holds.

Corpus

At axiom-corpus origin/main 51bbc7cb6f, existing modules cite us-hi/statute/235-2.3 and /235-2.4. Wave-6 decisions identify §235-2.4 in Chapter 235, and manifests/us-hi-income-tax-w6-forms.yaml:208 records full TY2024 instructions.

manifests/us-hi-2025-n11-capital-gain-worksheet.yaml extracts only PDF p. 35, citation us-hi/form/individual-income-tax/2025/n-11-instructions/capital-gains-tax-worksheet. It does not establish itemized-page coverage.

Extend the TY2025 source to PDF pp. 19 and 34 and locate/ingest Act 35, proposed citation us-hi/statute/session-laws/2026/act-35. Act coverage, R2 bytes, selected release and publication were not verified. Fetch failed on read-only FETCH_HEAD; freshness is unverified.

Sources and dates

2025 N-11 instructions, PDF p. 19:

Gambling losses, but only to the extent of gambling winnings reported on federal Schedule 1

Worksheet A-6 line 30 is outside the 2% floor. Total-itemized worksheet, PDF p. 34, line 2d:

Any gambling and casualty or theft losses included in Worksheet A-6, line 30

Its protected-only branch says:

No. Your deduction is not limited.

The 2024 instructions support the same treatment on PDF pp. 19 and 32.

Act 35 of 2026, PDF p. 2 advances IRC conformity to December 31, 2025. PDF p. 23 makes §165 operative with exceptions that do not disallow subsection (d). PDF p. 35 applies the amendments to taxable years:

beginning after December 31, 2025

Adoption of the 90% allowance is an inference from these provisions and federal §70114, PDF p. 96, rather than a verified final 2026 N-11 worksheet.

Required outputs

Under us-hi:policies/income_tax/itemized_deductions, TaxUnit, Year, Money/USD:

  • #wagering_losses_itemized_component: full losses capped at gains for TY2024–2025; 90% capped at gains from TY2026.
  • #limited_itemized_deduction_base: max(total minus protected medical, investment-interest, casualty/theft and wagering amounts, zero).
  • #itemized_deductions_after_limitation: total minus the smaller of 80% of that base and 3% of positive Hawaii AGI excess over $166,800, or $83,400 for married filing separately.

Return the full total when protected deductions cover it or AGI is below the threshold. Use taxpayer/spouse return facts, excluding dependents.

Encoder review finding

Encode dated Hawaii conformity and Worksheet A-6 line30, then compose the total-itemized worksheet. Include the section165(d) allowed wagering component outside both the2% floor and overall limitation base. Floor the limited base at zero. Preserve both "deduction is not limited" branches: protected-only totals and AGI at/below threshold return the full total. Act35 incorporates December31,2025 federal law for years beginning after2025; use90% from2026. Exclude dependent-return gambling and preserve unrelated Hawaii holds.

Companion tests

PE inputs Expected and arithmetic
2026: wages $200,000; winnings/losses $10,000 each AGI $210,000; protected losses $9,000; total/allowed deductions $9,000.
2025: same income/gambling; charity $20,000 Total $30,000; limited base $20,000; reduction min($16,000,3% × $43,200) = $1,296; allowed $28,704.
2025 worksheet: single; total $10,000; wagering allowance $4,000; AGI $266,800 Reduction min($4,800,$3,000) = $3,000; allowed $7,000.
Reused federal dependent case, 2024: parent $10,000/$2,000; dependent $5,000/$9,000 Parent wagering component $2,000.

Known limits

PE does not identify professional activity, lottery sources or nonresident transactions. Final 2026 forms and complete liability remain separate source boundaries.

What PolicyEngine does

Repairs policyengine_us/parameters/gov/states/hi/tax/income/deductions/itemized/sources.yaml and policyengine_us/variables/gov/states/hi/tax/income/deductions/itemized/hi_reduced_itemized_deductions.py.

Tests: hi_itemized_deductions.yaml and hi_reduced_itemized_deductions.yaml under policyengine_us/tests/policy/baseline/gov/states/hi/tax/income/deductions/itemized/; dependent numbers reuse federal wagering_losses_deduction.yaml.

Activity

  1. added
    pe-parityMirrors a PolicyEngine policy change; dispatch-ready encode queued
    on Oct 11, 2026
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