2012 -- H 7676

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LC01628

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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 TAXATION

     

     

     Introduced By: Representatives Ruggiero, Serpa, Morgan, Walsh, and Gallison

     Date Introduced: February 16, 2012

     Referred To: House Small Business

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by

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adding thereto the following chapter:

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     CHAPTER 43.2

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SMALL BUSINESS TAX CREDIT

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     44-43.2-1. Application. -- For the purposes of this chapter, a "small business" means any

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corporation, partnership, sole proprietorship, or other business entity qualifying as "small" under

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the standards contained in title 13, code of federal regulations, section 121.

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     44-43.2-2. Credit against tax imposed. -- Every small business formed under the laws

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of the state of Rhode Island and operating within the state of Rhode Island shall be entitled to

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claim as a credit against the tax imposed by chapters 11-17 and 30 of this title any amount paid to

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the U.S. small business administration (SBA) as a guaranty fee pursuant to the obtaining of SBA

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guaranteed financing. This credit will be available to the small business up to sixty (60) months

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after the payment of the guaranty fee; provided, however, where a minimum tax is provided

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under this title, the credit shall not reduce the tax below the minimum tax and shall be claimable

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only by the small business which is the primary obligor in the financing transaction and which

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actually paid the guaranty fee.

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     SECTION 2. This act shall take effect upon passage and is applicable to tax years

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beginning on or after January 1, 2012.

     

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LC01628

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TAXATION

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     This act would allow small businesses to claim a tax credit for amounts paid to the U.S.

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small business administration as a guaranty fee when offering SBA guarantee financing.

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     This act would take effect upon passage and would be applicable to tax years beginning

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on or after January 1, 2012.

     

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LC01628

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H7676