2012 -- H 7631

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LC01264

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO FINANCIAL INSTITUTIONS -LEGAL TENDER

     

     

     Introduced By: Representative Daniel P. Gordon

     Date Introduced: February 16, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 19-14 of the General Laws entitled "Licensed Activities" is hereby

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amended by adding thereto the following section:

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     19-14-34. Legal tender. -- (a) Gold and silver coin issued by the federal government is

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legal tender in the state.

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     (b) A person may not compel any other person to tender or accept gold and silver coin

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that is issued by the federal government.

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     19-14-35. Nonrefundable tax credit for capital gain transactions on the exchange of

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gold and silver coin for another form of legal tender. – (a) As used in this section:

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     (1) “Capital gain transaction” means a transaction that results in a:

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     (i) Short-term capital gain, as defined in section 1222, Internal Revenue Code; or

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     (ii) Long-term capital gain, as defined in section 1222, Internal Revenue Code.

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     (b) For taxable years beginning on or after January 1, 2012, a claimant, estate, or trust

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may claim a nonrefundable tax credit equal to the product of:

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     (1) To the extent a capital gain is not offset by a capital loss under chapter 1, subchapter

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P, capital gains and losses, Internal Revenue Code, the total amount of the claimant’s, estate’s, or

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trust’s short-term capital gain or long-term capital gain on a capital gain transaction from an

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exchange made on or after January 1, 2012, of gold or silver coin issued by the federal

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government for another form of legal tender; and

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     (2) Five percent (5%).

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     (c) A claimant, estate, or trust may not carry forward or carry back a tax credit under this

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section.

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     SECTION 2. Severability. If any provision of this chapter or the application thereof to

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any person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 3. This act shall take effect upon passage.

     

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LC01264

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FINANCIAL INSTITUTIONS -LEGAL TENDER

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     This act would make gold and silver coin issued by the federal government legal tender

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in the state.

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     This act would take effect upon passage.

     

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LC01264

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H7631