Many studies comparing Hawaii to聽the rest of the country聽have focused on our insanely high cost of living.

Much of this is caused by聽geography. We鈥檙e on islands in the middle of the Pacific, and if we want goods that聽have been made elsewhere, they need to be transported here.

But what many of us聽might not know is that we tax the transportation, making the shipping more expensive聽and thereby directly adding to the cost of living.

Hawaii doesn’t tax the cargo that’s shipped here, but it does tax the businesses that do the shipping. Cory Lum/Civil Beat

Take, for example, transportation of goods by air. We used to expose air carriers聽to the public service company tax, which is something like the general excise tax, but聽with a higher rate.

In 1978, the federal government passed a law preventing states from聽taxing air transportation of passengers and cargo. We nevertheless continued taxing聽our air carriers, saying that our public service company tax was a property tax rather聽than a tax on transportation.

It took a trip to the U.S. Supreme Court and an 8-0 vote聽against the Department of Taxation in 1983 for the state to realize that it had to lay off聽the air carriers.

But the state wasn鈥檛 finished. Many of the transportation service聽providers such as FedEx and UPS ship items from door to door, meaning that a parcel聽being shipped travels some distance on the ground in Hawaii to or from the airport. The state concluded that the local travel of the package could be taxed, and in 1998 won聽two cases in the Hawaii Supreme Court saying so.

What about transportation of goods by sea? There is no similar federal statute聽preventing states from taxing water transportation of passengers and cargo.

There is a聽statute saying that no taxes by a non-federal interest shall be imposed on a vessel or its聽passengers for operating upon the navigable waters of the United States, but, according聽to a Hawaii appeals court decision in 2010, this law doesn鈥檛 apply because we aren鈥檛聽taxing the passengers or cargo, but the business conducted by the vessel operator.

The taxpayer in that case tried to get the U.S. Supreme Court to step in, but the court聽denied review. Thus, it鈥檚 likely that Hawaii taxes apply to charges for shipping goods by聽sea.

But Hawaii probably won鈥檛 have the right to tax all of the charges, at least when聽the goods are transported from another jurisdiction, because that other jurisdiction聽would have a right to tax the same charges as well.

At this point, you might be wondering what Hawaii taxes apply to interstate聽trucking, which is the third major way that goods can travel between states. We have three 鈥渋nterstate highways,鈥 but we have no interstate trucking and never will 鈥 at least聽until they figure out how to put water wings on an 18-wheeler.

Can we beat the system by having a business outside of Hawaii that does not聽pay Hawaii tax ship the goods to us? Lawmakers already have addressed this. Hawaii聽has a 鈥渦se tax鈥 that is imposed on someone who imports tangible property into Hawaii.

If you buy a product, you have a choice between buying it from a local seller or from a聽鈥渞emote seller,鈥 namely someone who isn鈥檛 subject to Hawaii tax laws. If the local seller聽would have had to pay general excise tax and you buy the product from the remote聽seller instead, you, as the buyer, are generally subject to use tax at the same rate.

This system protects the local sellers, and a comparable provision is in place in all聽states that impose a retail sales tax. The use tax is paid on all costs necessary to聽bring the product onto Hawaiian soil, including the freight charges. No escape there.

So here is a radical idea: What if we turned off the general excise tax and use tax on shipping charges? That way we could do something about our cost of living聽while avoiding the complexities that are inherent in applying our taxes to the income or聽costs of transportation.

Community Voices aims to encourage broad discussion on many topics of community interest. It鈥檚 kind of a cross between Letters to the Editor and op-eds. This is your space to talk about important issues or interesting people who are making a difference in our world. Column lengths should be no more than 800 words and we need a current photo of the author and a bio. We welcome video commentary and other multimedia formats. Send to news@civilbeat.org.聽The opinions and information expressed in Community Voices are solely those of the authors and not Civil Beat.

We need your help.

Unfortunately, being named a聽finalist for a聽Pulitzer prize聽doesn’t make us immune to financial pressures. The fact is,聽our revenue hasn鈥檛 kept pace with our need to grow,听.

Civil Beat is a nonprofit, reader-supported newsroom based in 贬补飞补颈驶颈. We鈥檙e looking to build a more resilient, diverse and deeply impactful media landscape, and聽we hope you鈥檒l help by .

About the Author