2014 -- S 2065

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LC003147

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO TAXATION - ESTATE AND TRANSFER TAXES - COMPUTATION

     Introduced By: Senators Bates, Algiere, Walaska, Sosnowski, and Ottiano

     Date Introduced: January 21, 2014

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled "Estate

and Transfer Taxes - Liability and Computation" is hereby amended to read as follows:

     44-22-1.1. Tax on net estate of decedent. -- (a) (1) For decedents whose death occurs on

or after January 1, 1992, but prior to January 1, 2002, a tax is imposed upon the transfer of the net

estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a

sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. section 2011.

      (2) For decedents whose death occurs on or after January 1, 2002, but prior to January 1,

2010 a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent

as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death

taxes allowed by 26 U.S.C. section 2011 as it was in effect as of January 1, 2001; provided,

however, that the tax shall be imposed only if upon that portion of the net taxable estate shall

exceed exceeding six hundred seventy-five thousand dollars ($675,000). Any scheduled increase

in the unified credit provided in 26 U.S.C. section 2010 in effect on January 1, 2001, or

thereafter, shall not apply.

      (3) For decedents whose death occurs on or after January 1, 2010, a tax is imposed upon

the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to

transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C.

section 2011 as it was in effect as of January 1, 2001; provided, however, that the tax shall be

imposed only if upon that portion of the net taxable estate shall exceed exceeding eight hundred

and fifty thousand dollars ($850,000); provided, further, beginning on January 1, 2011 and each

January 1 thereafter, said amount shall be adjusted by the percentage of increase in the Consumer

Price Index for all Urban Consumers (CPI-U) as published by the United States Department of

Labor Statistics determined as of September 30 of the prior calendar year; said adjustment shall

be compounded annually and shall be rounded up to the nearest five dollar ($5.00) increment.

Any scheduled increase in the unified credit provided in 26 U.S.C. section 2010 in effect on

January 1, 2003, or thereafter, shall not apply.

      (b) If the decedent's estate contains property having a tax situs not within the state, then

the tax determined by this section is reduced to an amount determined by multiplying the tax by a

fraction whose numerator is the gross estate excluding all property having a tax situs not within

the state at the decedent's death and whose denominator is the gross estate. In determining the

fraction, no deductions are considered and the gross estate is not reduced by a mortgage or other

indebtedness for which the decedent's estate is not liable.

      (c) (1) The terms "gross taxable estate", "federal gross estate" or "net taxable estate" used

in this chapter or chapter 23 of this title has the same meaning as when used in a comparable

context in the laws of the United States, unless a different meaning is clearly required by the

provisions of this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of

this title to the Internal Revenue Code or other laws of the United States means the Internal

Revenue Code of 1954, 26 U.S.C. section 1 et seq.

      (2) For decedents whose death occurs on or after January 1, 2002, the terms "gross

taxable estate" "federal gross estate" or "net taxable estate" used in this chapter or chapter 23 of

this title has the same meaning as when used in a comparable context in the laws of the United

States, unless a different meaning is clearly required by the provisions of this chapter or chapter

23 of this title. Any reference in this chapter or chapter 23 of this title to the Internal Revenue

Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C.

section 1 et seq., as they were in effect as of January 1, 2001, unless otherwise provided.

      (d) All values are as finally determined for federal estate tax purposes.

      (e) Property has a tax situs within the state of Rhode Island:

      (1) If it is real estate or tangible personal property and has actual situs within the state of

Rhode Island; or

      (2) If it is intangible personal property and the decedent was a resident.

     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 - ESTATE AND TRANSFER TAXES - COMPUTATION

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     This act would convert the current thresholds for triggering a state death tax into an

exemption.

     This act would take effect upon passage.

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LC003147

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