2013 -- S 0596

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LC01176

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TAXATION -- BUSINESS CORPORATION TAX

     Introduced By: Senators Lombardi, Felag, Walaska, Jabour, and Archambault

     Date Introduced: March 06, 2013

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 44-11-21 of the General Laws in Chapter 44-11 entitled "Business

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Corporation Tax" is hereby amended to read as follows:

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     44-11-21. Information confidential -- Types of disclosure authorized- Penalties for

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unauthorized disclosure. -- (a) It is unlawful for any state official or employee to divulge or to

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make known to any person in any manner not provided by law the amount or source of income,

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profits, losses, expenditures, or any particular set forth or disclosed in any return, or to permit any

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return or copy or any book containing any abstract or particulars to be seen or examined by any

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person except as provided by law. It is unlawful for any person to print or publish in any manner

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not provided by law any return or any part or source of income, profits, losses, or expenditures

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appearing in any return.

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      (b) Any offense against this provision is punishable by a fine not exceeding one

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thousand dollars ($1,000) or by imprisonment not exceeding one year, or both, at the discretion of

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the court. If the offender is an officer or employee of the state of Rhode Island, he or she may be

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dismissed from office or discharged from employment; provided, that the tax administrator may

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authorize examination of the return by the tax officials regularly in the employ of another state or

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of the federal government if a reciprocal arrangement exists.

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     (c) In addition, the tax administrator may disclose to the secretary of state the name, state

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of incorporation, address and other contact information for any corporation that files a tax return

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with this state; provided, however, that such disclosure shall not include any other information,

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including any financial information of the corporation. The secretary of state and all employees

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thereof shall be subject to the confidentiality provision of subsection (a) and the penalty

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provisions of subsection (b) hereof and shall be prohibited from printing, publishing, divulging

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and/or disseminating any information received from the tax administrator in any manner not

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otherwise authorized by law.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TAXATION -- BUSINESS CORPORATION TAX

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     This act would add a provision to the law on confidential information for business

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corporations by limiting the information the tax administrator may disclose to the secretary of

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state and the information the secretary of state's office (and its employees) may thereafter

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disclose.

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     This act would take effect upon passage.

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LC01176

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