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art.013/5/013/4/013/3/013/2

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     ARTICLE 13 AS AMENDED

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RELATING TO TAXES AND REVENUES

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     SECTION 1. Section 3-6-1 of the General Laws in Chapter 3-6 entitled "Manufacturing

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and Wholesale Licenses" is hereby amended to read as follows:

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     3-6-1. Manufacturer's license. -- (a) A manufacturer's license authorizes the holder to

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establish and operate a brewery, distillery, or winery at the place described in the license for the

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manufacture of beverages within this state. The license does not authorize more than one of the

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activities of operator of a brewery or distillery or winery and a separate license shall be required

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for each plant.

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      (b) The license also authorizes the sale at wholesale at the licensed place by the

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manufacturer of the product of the licensed plant to another license holder and the transportation

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and delivery from the place of sale to a licensed place or to a common carrier for that delivery.

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The license does not authorize the sale of beverages for consumption on premises where sold.

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The license does not authorize the sale of beverages in this state for delivery outside this state in

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violation of the law of the place of delivery. The license holder may provide to visitors in

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conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three

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hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces

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(72 oz) per visitor for malt beverages at the licensed plant by the manufacturer of the product of

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the licensed plant to visitors for off-premise consumption. The license does not authorize

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providing samples to a visitor of any alcoholic beverages for off-premise consumption that are

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not manufactured at the licensed plant.

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      (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

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producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for

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a distillery producing less than or equal to fifty thousand (50,000) gallons per year, five hundred

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dollars ($500) for a brewery, and one thousand five hundred dollars ($1,500) for a winery

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producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

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year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are

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prorated to the year ending December 1 in every calendar year and shall be paid to the division of

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taxation and be turned over to the general treasurer for the use of the state.

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     SECTION 2. Section 3-10-1 of the General Laws in Chapter 3-10 entitled "Taxation of

 

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Beverages" is hereby amended to read as follows:

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     3-10-1. Manufacturing tax rates -- Exemption of religious uses. -- (a) There shall be

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assessed and levied by the tax administrator on all beverages manufactured, rectified, blended, or

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reduced for sale in this state a tax of three dollars and thirty cents ($3.30) on every thirty-one (31)

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gallons, and a tax at a like rate for any other quantity or fractional part. On any beverage

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manufactured, rectified, blended, or reduced for sale in this state consisting in whole or in part of

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wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other strong liquors (as distinguished

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from beer or other brewery products), the tax to be assessed and levied is as follows:

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      (1) Still wines (whether fortified or not), one dollar and forty cents ($1.40) per gallon;

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      (2) Still wines (whether fortified or not) made entirely from fruit grown in this state,

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thirty cents ($.30) per gallon;

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      (3) Sparkling wines (whether fortified or not), seventy five cents ($.75) per gallon;

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      (4) Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole

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or in part of alcohol that is the product of distillation, five dollars and forty cents ($5.40) per

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gallon, except that whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in

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whole or in part of alcohol that is the product of distillation but that contains alcohol measuring

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thirty (30) proof or less, one dollar and ten cents ($1.10) per gallon;

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      (5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50)

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per gallon; and

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      (6) Ethyl alcohol to be used for nonbeverage purposes, eight cents ($.08) per gallon.

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      (b) Sacramental wines are not subject to any tax if sold directly to a member of the

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clergy for use by the purchaser or his or her congregation for sacramental or other religious

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purposes.

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      (c) A brewer who brews beer in this state that is actively and directly owned, managed,

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and operated by an authorized legal entity that has owned, managed, and operated a brewery in

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this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first

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one hundred thousand (100,000) barrels of beer that it produces and distributes in this state in any

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calendar year. A barrel of beer is thirty one (31) gallons.

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     (d) A distiller who distills spirits in this state that is actively and directly owned,

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managed, and operated by an authorized legal entity that has owned, managed, and operated a

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distillery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on

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the first fifty thousand (50,000) gallons of distilled spirits that it produces and distributes in this

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state in any calendar year.

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     SECTION 3. Section 7-12-56 of the General Laws in Chapter 7-12 entitled

 

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"Partnerships" is hereby amended to read as follows:

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     7-12-56. Registered limited liability partnerships. -- (a) To become and to continue as

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a registered limited liability partnership, a partnership shall file with the secretary of state an

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application or a renewal application, stating the name of the partnership, the address of its

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principal office, if the partnership's principal office is not located in this state, the address of a

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registered office and the name and address of a registered agent for service of process in this state

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which a partnership is required to maintain. In addition, partnerships under this section shall

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provide the names and addresses of all resident partners, the place where the business records of

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the partnership are maintained, or if more than one location for business records is maintained,

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then the principal place of business of the partnership, number, a brief statement of the business

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in which the partnership engaged, and that the partnership applies for status or renewal of its

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status, as a registered limited liability partnership.

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      (b) The application or renewal application is executed by a majority in interest of the

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partners or by one or more partners authorized to execute an application or renewal application.

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      (c) The application or renewal application is accompanied by a fee of one hundred

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dollars ($100) one hundred fifty dollars ($150) for each partner, not to exceed two thousand five

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hundred dollars ($2,500) for each partnership's initial filing or subsequent renewal application.

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     Renewal applications are to be filed yearly and are to be accompanied by a fee of fifty

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dollars ($50.00).

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     (d) The secretary of state shall register as a registered limited liability partnership, and

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shall renew the registration of any limited liability partnership, any partnership that submits a

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completed application or renewal application with the required fee.

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      (e) Registration is effective for one year after the date an application is filed, unless

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voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed

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by a majority in interest of the partners or by one or more partners authorized to execute a

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withdrawal. Registration, whether pursuant to an original application or a renewal application, as

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a registered limited liability partnership is renewed if, during the sixty (60) day period preceding

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the date the application or renewal application otherwise would have expired, the partnership

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filed with the secretary of state a renewal application. A renewal application expires one year

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after the date an original application would have expired if the last renewal of the application had

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not occurred.

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      (f) The status of a partnership as a registered limited liability partnership is not affected

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by changes after the filing of an application or a renewal application in the information stated in

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the application or renewal application.

 

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      (g) The secretary of state may provide forms for application for or renewal of

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registration. Any renewals shall maintain resident partners as set out in this section.

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      (h) A partnership that registers as a registered limited liability partnership is not deemed

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to have dissolved as a result of that registration and is for all purposes the same partnership that

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existed before the registration and continues to be a partnership under the laws of this state. If a

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registered limited liability partnership dissolves, a partnership which is a successor to the

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registered limited liability partnership and which intends to be a registered limited liability

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partnership is not required to file a new application and is deemed to have filed any documents

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required or permitted under this chapter which were filed by the predecessor partnership.

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      (i) The fact that an application or renewal application is on file in the office of the

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secretary of state is notice that the partnership is a registered limited liability partnership and is

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notice of all other facts stated in the application or renewal application.

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     SECTION 4. Section 7-12-60 of the General Laws in Chapter 7-12 entitled

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"Partnerships" is hereby amended to read as follows:

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     7-12-60. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax

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years beginning on or after January 1, 2012 a limited liability partnership registered under § 7-12-

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56, shall file a return in the form and containing the information as prescribed by the tax

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administrator as follows:

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      (1) If the fiscal year of the limited liability partnership is the calendar year, on or before

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the fifteenth (15th) day of April in the year following the close of the fiscal year; and

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      (2) If the fiscal year of the limited liability partnership is not a calendar year, on or

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before the fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year.

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     (b) For tax years beginning after December 31, 2015, a limited liability partnership

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registered under §7-12-56, shall file a return in the form and containing the information as

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prescribed by the tax administrator and shall be filed on or before the date a federal tax return is

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due to be filed, without regard to extension.

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      (b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under

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subsection 44-11-2(e), shall be due on the filing of the limited liability partnership's return filed

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with the tax administrator and shall be paid to the division of taxation.

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      (c)(d) The annual charge is delinquent if not paid by the due date for the filing of the

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return and an addition of one hundred dollars ($100) to the charge is then due.

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     SECTION 5. Section 7-13-69 of the General Laws in Chapter 7-13 entitled "Limited

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Partnerships" is hereby amended to read as follows:

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     7-13-69. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax

 

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years beginning on or after January 1, 2012 a limited partnership certified under this chapter shall

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file a return in the form and containing the information as prescribed by the tax administrator as

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follows:

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      (1) If the fiscal year of the limited partnership is the calendar year, on or before the

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fifteenth (15th) day of April in the year following the close of the fiscal year; and

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      (2) If the fiscal year of the limited partnership is not a calendar year, on or before the

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fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year.

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     (b) For tax years beginning after December 31, 2015, a limited partnership certified under

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this chapter shall file a return in the form and containing the information as prescribed by the tax

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administrator and shall be filed on or before the date a federal tax return is due to be filed, without

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regard to extension.

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     (b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under

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subsection 44-11-2(e), shall be due on the filing of the limited partnership's return filed with the

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tax administrator and shall be paid to the division of taxation.

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      (c)(d) The annual charge is delinquent if not paid by the due date for the filing of the

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return and an addition of one hundred dollars ($100) to the charge is then due.

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     SECTION 6. Section 7-16-67 of the General Laws in Chapter 7-16 entitled "The Rhode

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Island Limited Liability Company Act" is hereby amended to read as follows:

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     7-16-67. Filing of returns with the tax administrator -- Annual charge. -- (a) A return

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in the form and containing the information as the tax administrator may prescribe shall be filed

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with the tax administrator by the limited liability company:

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      (1) In case the fiscal year of the limited liability company is the calendar year, on or

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before the fifteenth day of March in the year following the close of the fiscal year; and

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      (2) In case the fiscal year of the limited liability company is not a calendar year, on or

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before the fifteenth day of the third month following the close of the fiscal year.

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     (b) For tax years on or after January 1, 2016, a return in the form and containing the

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information as the tax administrator may prescribe shall be filed with the tax administrator by the

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limited liability company and shall be filed on or before the date a federal tax return is due to be

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filed, without regard to extension.

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      (b)(c) An annual charge shall be due on the filing of the limited liability company's

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return filed with the tax administrator and shall be paid to the Division of Taxation as follows:

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      (1) If the limited liability company is treated as a corporation for purposes of federal

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income taxation, it shall pay the taxes as provided in chapters 11 and 12 of title 44; or

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      (2) If the limited liability company is not treated as a corporation for purposes of federal

 

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RELATING TO TAXES AND REVENUES
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income taxation, it shall pay a fee in an amount equal to the minimum tax imposed upon a

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corporation under § 44-11-2(e). The due date for a limited liability company that is not treated as

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a corporation for purposes of federal income taxation shall be on or before the fifteenth (15th) day

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of the fourth (4th) month following the close of the fiscal year.

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     (d) For tax years on or after January 1, 2016, a return in the form and containing the

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information as the tax administrator may prescribe shall be filed with the tax administrator by the

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limited liability company and shall be filed on or before the date a federal tax return is due to be

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filed, without regard to extension.

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     (c)(e) The annual charge is delinquent if not paid by the due date for the filing of the

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return and an addition of one hundred dollars ($100.00) to the charge is then due.

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     SECTION 7. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled

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“Licensing of Health Care Facilities” is hereby amended to read as follows:

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     23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at

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the rate of five and seven hundred forty five thousandths percent (5.745%) upon the net patient

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services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,

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2013, except that the license fee for all hospitals located in Washington County, Rhode Island

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shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals

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is subject to approval by the Secretary of the US Department of Health and Human Services of a

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state plan amendment submitted by the executive office of health and human services for the

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purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

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licensing fee shall be administered and collected by the tax administrator, division of taxation

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within the department of revenue, and all the administration, collection and other provisions of

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chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax

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administrator on or before July 13, 2015 and payments shall be made by electronic transfer of

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monies to the general treasurer and deposited to the general fund. Every hospital shall, on or

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before June 15, 2015, make a return to the tax administrator containing the correct computation of

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net patient services revenue for the hospital fiscal year ending September 30, 2013, and the

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licensing fee due upon that amount. All returns shall be signed by the hospital's authorized

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representative, subject to the pains and penalties of perjury.

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     (b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred

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sixty-two thousandths percent (5.862%) upon the net patient services revenue of every hospital

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for the hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for

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all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven

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percent (37%). The discount for Washington County hospitals is subject to approval by the

 

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RELATING TO TAXES AND REVENUES
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Secretary of the US Department of Health and Human Services of a state plan amendment

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submitted by the executive office of health and human services for the purpose of pursuing a

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waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be

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administered and collected by the tax administrator, division of taxation within the department of

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revenue, and all the administration, collection and other provisions of chapter 51 of title 44 shall

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apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 11,

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2016 and payments shall be made by electronic transfer of monies to the general treasurer and

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deposited to the general fund. Every hospital shall, on or before June 13, 2016, make a return to

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the tax administrator containing the correct computation of net patient services revenue for the

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hospital fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All

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returns shall be signed by the hospital's authorized representative, subject to the pains and

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penalties of perjury.

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     (b) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty-

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two thousandths percent (5.652%) upon the net patient services revenue of every hospital for the

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hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all

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hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent

17

(37%). The discount for Washington County hospitals is subject to approval by the Secretary of

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the US Department of Health and Human Services of a state plan amendment submitted by the

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executive office of health and human services for the purpose of pursuing a waiver of the

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uniformity requirement for the hospital license fee. This licensing fee shall be administered and

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collected by the tax administrator, division of taxation within the department of revenue, and all

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the administration, collection and other provisions of chapter 51 of title 44 shall apply. Every

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hospital shall pay the licensing fee to the tax administrator on or before July 10, 2017 and

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payments shall be made by electronic transfer of monies to the general treasurer and deposited to

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the general fund. Every hospital shall, on or before June 14, 2017, make a return to the tax

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administrator containing the correct computation of net patient services revenue for the hospital

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fiscal year ending September 30, 2015, and the licensing fee due upon that amount. All returns

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shall be signed by the hospital's authorized representative, subject to the pains and penalties of

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perjury.

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     (c) For purposes of this section the following words and phrases have the following

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meanings:

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     (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

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licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on

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that license, regardless of changes in licensure status pursuant to § 23-17.14 (hospital

 

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conversions) and §23-17-6 (b) (change in effective control), that provides short-term acute

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inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for

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injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated

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Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital

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through receivership, special mastership or other similar state insolvency proceedings (which

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court-approved purchaser is issued a hospital license after January 1, 2013) shall be based upon

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the newly negotiated rates between the court-approved purchaser and the health plan, and such

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rates shall be effective as of the date that the court-approved purchaser and the health plan

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execute the initial agreement containing the newly negotiated rate. The rate-setting methodology

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for inpatient hospital payments and outpatient hospital payments set for the §§ 40-8-

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13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases

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for each annual twelve (12) month period as of July 1 following the completion of the first full

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year of the court-approved purchaser's initial Medicaid managed care contract.

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     (2) "Gross patient services revenue" means the gross revenue related to patient care

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services.

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     (3) "Net patient services revenue" means the charges related to patient care services less

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(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.

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     (d) The tax administrator shall make and promulgate any rules, regulations, and

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procedures not inconsistent with state law and fiscal procedures that he or she deems necessary

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for the proper administration of this section and to carry out the provisions, policy, and purposes

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of this section.

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     (e) The licensing fee imposed by this section shall apply to hospitals as defined herein

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that are duly licensed on July 1, 2015 2016, and shall be in addition to the inspection fee imposed

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by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.

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     SECTION 8. Section 31-36.1-18 of the General Laws in Chapter 31-36.1 entitled "Fuel

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Use Reporting Law" is hereby amended to read as follows:

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     31-36.1-18. Disposition of proceeds. -- All money collected under the provisions of this

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chapter shall be deposited as general revenues deposited in the intermodal surface transportation

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fund as established in §31-36-20 of the general laws.

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     SECTION 9. Section 44-11-2 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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     44-11-2. Imposition of tax. [Effective until January 1, 2017.] -- (a) Each corporation

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shall annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-

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11-11, qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11-

 

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15, for the taxable year. For tax years beginning on or after January 1, 2015, each corporation

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shall annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in §

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44-11-13 - 44-11-15, for the taxable year.

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      (b) A corporation shall pay the amount of any tax as computed in accordance with

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subsection (a) of this section after deducting from "net income," as used in this section, fifty

6

percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if

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for the taxable year:

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      (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its

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own behalf and not as a broker, underwriter, or distributor;

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      (2) Its gross receipts derived from these activities during the taxable year amounted to at

11

least ninety percent (90%) of its total gross receipts derived from all of its activities during the

12

year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable

13

consideration, received during the taxable year in connection with the conduct of the taxpayer's

14

activities.

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      (c) A corporation shall not pay the amount of the tax computed on the basis of its net

16

income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten

17

cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of

18

one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the

19

corporation is either a "personal holding company" registered under the federal Investment

20

Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real

21

estate investment trust" as defined in the federal income tax law applicable to the taxable year.

22

"Gross income" means gross income as defined in the federal income tax law applicable to the

23

taxable year, plus:

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      (1) Any interest not included in the federal gross income; minus

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      (2) Interest on obligations of the United States or its possessions, and other interest

26

exempt from taxation by this state; and minus

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      (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during

28

the taxable year.

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      (d) (1) A small business corporation having an election in effect under subchapter S, 26

30

U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except

31

that the corporation shall be subject to the provisions of subsection (a), to the extent of the income

32

that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after

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January 1, 2015, a small business corporation having an election in effect under subchapter S, 26

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U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e).

 

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      (2) The shareholders of the corporation who are residents of Rhode Island shall include

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in their income their proportionate share of the corporation's federal taxable income.

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      (3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.]

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      (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]

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      (e) Minimum tax. - The tax imposed upon any corporation under this section, including a

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small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et

7

seq., shall not be less than four hundred fifty dollars ($450).

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     44-11-2. Imposition of tax. [Effective January 1, 2017.] -- (a) Each corporation shall

9

annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-11-11,

10

qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11-15, for

11

the taxable year. For tax years beginning on or after January 1, 2015, each corporation shall

12

annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in § 44-11-

13

13 - 44-11-15, for the taxable year.

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      (b) A corporation shall pay the amount of any tax as computed in accordance with

15

subsection (a) of this section after deducting from "net income," as used in this section, fifty

16

percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if

17

for the taxable year:

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      (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its

19

own behalf and not as a broker, underwriter, or distributor;

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      (2) Its gross receipts derived from these activities during the taxable year amounted to at

21

least ninety percent (90%) of its total gross receipts derived from all of its activities during the

22

year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable

23

consideration, received during the taxable year in connection with the conduct of the taxpayer's

24

activities.

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      (c) A corporation shall not pay the amount of the tax computed on the basis of its net

26

income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten

27

cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of

28

one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the

29

corporation is either a "personal holding company" registered under the federal Investment

30

Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real

31

estate investment trust" as defined in the federal income tax law applicable to the taxable year.

32

"Gross income" means gross income as defined in the federal income tax law applicable to the

33

taxable year, plus:

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      (1) Any interest not included in the federal gross income; minus

 

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(Page 10 of 36)

1

      (2) Interest on obligations of the United States or its possessions, and other interest

2

exempt from taxation by this state; and minus

3

      (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during

4

the taxable year.

5

      (d) (1) A small business corporation having an election in effect under subchapter S, 26

6

U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except

7

that the corporation shall be subject to the provisions of subsection (a), to the extent of the income

8

that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after

9

January 1, 2015, a small business corporation having an election in effect under subchapter S, 26

10

U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e).

11

      (2) The shareholders of the corporation who are residents of Rhode Island shall include

12

in their income their proportionate share of the corporation's federal taxable income.

13

      (3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.]

14

      (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]

15

      (e) Minimum tax. - The tax imposed upon any corporation under this section, including a

16

small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et

17

seq., shall not be less than four hundred fifty dollars ($450) four hundred dollars ($400)

18

     44-11-2. Imposition of tax. -- (a) Each corporation shall annually pay to the state a tax

19

equal to nine percent (9%) of net income, as defined in § 44-11-11, qualified in § 44-11-12, and

20

apportioned to this state as provided in §§ 44-11-13 -- 44-11-15, for the taxable year. For tax

21

years beginning on or after January 1, 2015, each corporation shall annually pay to the state a tax

22

equal to seven percent (7.0%) of net income, as defined in § 44-11-13 - 44-11-15, for the taxable

23

year.

24

      (b) A corporation shall pay the amount of any tax as computed in accordance with

25

subsection (a) of this section after deducting from "net income," as used in this section, fifty

26

percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if

27

for the taxable year:

28

      (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its

29

own behalf and not as a broker, underwriter, or distributor;

30

      (2) Its gross receipts derived from these activities during the taxable year amounted to at

31

least ninety percent (90%) of its total gross receipts derived from all of its activities during the

32

year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable

33

consideration, received during the taxable year in connection with the conduct of the taxpayer's

34

activities.

 

Art13
RELATING TO TAXES AND REVENUES
(Page 11 of 36)

1

      (c) A corporation shall not pay the amount of the tax computed on the basis of its net

2

income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten

3

cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of

4

one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the

5

corporation is either a "personal holding company" registered under the federal Investment

6

Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real

7

estate investment trust" as defined in the federal income tax law applicable to the taxable year.

8

"Gross income" means gross income as defined in the federal income tax law applicable to the

9

taxable year, plus:

10

      (1) Any interest not included in the federal gross income; minus

11

      (2) Interest on obligations of the United States or its possessions, and other interest

12

exempt from taxation by this state; and minus

13

      (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during

14

the taxable year.

15

      (d) (1) A small business corporation having an election in effect under subchapter S, 26

16

U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except

17

that the corporation shall be subject to the provisions of subsection (a), to the extent of the income

18

that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after

19

January 1, 2015, a small business corporation having an election in effect under subchapter S, 26

20

U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e).

21

      (2) The shareholders of the corporation who are residents of Rhode Island shall include

22

in their income their proportionate share of the corporation's federal taxable income.

23

      (3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.]

24

      (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]

25

      (e) Minimum tax. - The tax imposed upon any corporation under this section, including a

26

small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et

27

seq., shall not be less than four hundred fifty dollars ($450). For tax years beginning on or after

28

January 1, 2017 the tax imposed shall not be less than four hundred dollars ($400).

29

     SECTION 10. Section 44-11-3 of the General Laws in Chapter 44-11 entitled "Business

30

Corporation Tax" is hereby amended to read as follows:

31

     44-11-3. Filing of returns -- Due date. – (a) For tax years beginning before January 1,

32

2016, a A return in the form and containing the information that the tax administrator may

33

prescribe shall be filed with the tax administrator by the taxpayer:

34

      (1) In case the taxable year of the taxpayer is the calendar year, on or before March 15 in

 

Art13
RELATING TO TAXES AND REVENUES
(Page 12 of 36)

1

the year following the close of the taxable year; and

2

      (2) In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth

3

(15th) day of the third (3rd) month following the close of the fiscal year.

4

     (b) For tax years beginning after December 31, 2015, a return in the form and containing

5

the information as the tax administrator may prescribe shall be filed with the tax administrator by

6

the taxpayer taxed as an S corporation and shall be filed on or before the date a federal tax return

7

is due to be filed, without regard to extension.

8

     (c) For tax years beginning after December 31, 2015 a return in the form and containing

9

the information that the tax administrator may prescribe shall be filed with the tax administrator

10

by the taxpayer taxed as a C corporation and shall be filed on or before the date a federal return is

11

due to be filed, without regard to extension.

12

     (d) Notwithstanding the provisions of subsection (a) and (b) of this section, a C

13

corporation with a tax year ending June 30 shall, in accordance with federal tax filing

14

requirements, not change its filing date until mandated by federal law which is currently due to be

15

effective close of fiscal year ending June 30, 2026.

16

     SECTION 11. Section 44-13-6 of the General Laws in Chapter 44-13 entitled "Public

17

Service Corporation Tax" is hereby amended to read as follows:

18

     44-13-6. Due date of annual return. -- Every corporation shall file a return with the tax

19

administrator on or before March 1 of each year. For tax years beginning after December 31,

20

2015, a return in the form and containing the information as the tax administrator may prescribe

21

shall be filed with the tax administrator by every corporation and shall be filed on or before the

22

date its federal tax return is due to be filed, without regard to extension.

23

     SECTION 12. Section 44-14-6 of the General Laws in Chapter 44-14 entitled "Taxation

24

of Banks" is hereby amended to read as follows:

25

     44-14-6. Filing of annual return. – (a) Every taxpayer shall file a return with the tax

26

administrator:

27

      (1) In case the taxable year of the taxpayer is the calendar year, on or before March 15 in

28

the year following the close of the taxable year; and

29

      (2) In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth

30

(15th) day of the third (3rd) month following the close of the fiscal year.

31

     (b) For tax years beginning after December 31, 2015 a return in the form and containing

32

the information that the tax administrator may prescribe shall be filed with the tax administrator

33

by the taxpayer on or before the date a federal return is due to be filed, without regard to

34

extension.

 

Art13
RELATING TO TAXES AND REVENUES
(Page 13 of 36)

1

     SECTION 13. Section 44-17-1 of the General Laws in Chapter 44-17 entitled "Taxation

2

of Insurance Companies" is hereby amended to read as follows:

3

     44-17-1. Companies required to file -- Payment of tax -- Retaliatory rates. -- Every

4

domestic, foreign, or alien insurance company, mutual association, organization, or other insurer,

5

including any health maintenance organization, as defined in § 27-41-1, any medical malpractice

6

insurance joint underwriters association as defined in § 42-14.1-1, any nonprofit dental service

7

corporation as defined in § 27-20.1-2 and any nonprofit hospital or medical service corporation,

8

as defined in chapters 27-19 and 27-20, except companies mentioned in § 44-17-6, and

9

organizations defined in § 27-25-1, transacting business in this state, shall, on or before March 1

10

April 15 in each year, file with the tax administrator, in the form that he or she may prescribe, a

11

return under oath or affirmation signed by a duly authorized officer or agent of the company,

12

containing information that may be deemed necessary for the determination of the tax imposed by

13

this chapter, and shall at the same time pay an annual tax to the tax administrator of two percent

14

(2%) of the gross premiums on contracts of insurance, except for ocean marine insurance, as

15

referred to in § 44-17-6, covering property and risks within the state, written during the calendar

16

year ending December 31st next preceding, but in the case of foreign or alien companies, except

17

as provided in § 27-2-17(d) the tax is not less in amount than is imposed by the laws of the state

18

or country under which the companies are organized upon like companies incorporated in this

19

state or upon its agents, if doing business to the same extent in the state or country.

20

     SECTION 14. Section 44-18-7.3 of the General Laws in Chapter 44-18 entitled "Sales

21

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

22

     44-18-7.3. Services defined. -- (a) "Services" means all activities engaged in for other

23

persons for a fee, retainer, commission, or other monetary charge, which activities involve the

24

performance of a service in this state as distinguished from selling property.

25

      (b) The following businesses and services performed in this state, along with the

26

applicable 2007 North American Industrial Classification System (NAICS) codes, are included in

27

the definition of services:

28

      (1) Taxicab and limousine services including but not limited to:

29

      (i) Taxicab services including taxi dispatchers (485310); and

30

      (ii) Limousine services (485320).

31

      (2) Other road transportation service including but not limited to:

32

      (i) Charter bus service (485510); and

33

     (ii) "Transportation network companies" (TNC) defined as an entity that uses a digital

34

network to connect transportation network company riders to transportation network operators

 

Art13
RELATING TO TAXES AND REVENUES
(Page 14 of 36)

1

who provide prearranged rides. Any TNC operating in this state is a retailer as provided in §44-

2

18-15 and is required to file a business application and registration form and obtain a permit to

3

make sales at retail with the tax administrator, to charge, collect, and remit Rhode Island sales

4

and use tax; and

5

      (ii)(iii) All other transit and ground passenger transportation (485999).

6

      (3) Pet care services (812910) except veterinary and testing laboratories services.

7

      (4) (i) "Room reseller" or "reseller" means any person, except a tour operator as defined

8

in § 42-63.1-2, having any right, permission, license, or other authority from or through a hotel as

9

defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the

10

reservation or transfer of which is subject to this chapter, such that the occupant pays all or a

11

portion of the rental and other fees to the room reseller or reseller, room reseller or reseller shall

12

include, but not be limited to, sellers of travel packages as defined in this section.

13

Notwithstanding the provisions of any other law, where said reservation or transfer of occupancy

14

is done using a room reseller or reseller, the application of the sales and use under §§ 44-18-18

15

and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or

16

reseller is required to register with and shall collect and pay to the tax administrator the sales and

17

use and hotel taxes, with said taxes being calculated upon the amount of rental and other fees paid

18

by the occupant to the room reseller or reseller, less the amount of any rental and other fees paid

19

by the room reseller or reseller to the hotel. The hotel shall collect and pay to the tax

20

administrator said taxes upon the amount of rental and other fees paid to the hotel by the room

21

reseller or reseller and/or the occupant. No assessment shall be made by the tax administrator

22

against a hotel because of an incorrect remittance of the taxes under this chapter by a room

23

reseller or reseller. No assessment shall be made by the tax administrator against a room reseller

24

or reseller because of an incorrect remittance of the taxes under this chapter by a hotel. If the

25

hotel has paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller,

26

as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller has paid said

27

taxes, the occupant shall reimburse the room reseller or reseller for said taxes. Each hotel and

28

room reseller or reseller shall add and collect from the occupant or the room reseller or the

29

reseller the full amount of the taxes imposed on the rental and other fees. When added to the

30

rental and other fees, the taxes shall be a debt owed by the occupant to the hotel or room reseller

31

or reseller, as applicable, and shall be recoverable at law in the same manner as other debts. The

32

amount of the taxes collected by the hotel and/or room reseller or reseller from the occupant

33

under this chapter shall be stated and charged separately from the rental and other fees, and shall

34

be shown separately on all records thereof, whether made at the time the transfer of occupancy

 

Art13
RELATING TO TAXES AND REVENUES
(Page 15 of 36)

1

occurs, or on any evidence of the transfer issued or used by the hotel or the room reseller or the

2

reseller. A room reseller or reseller shall not be required to disclose to the occupant the amount of

3

tax charged by the hotel; provided, however, the room reseller or reseller shall represent to the

4

occupant that the separately stated taxes charged by the room reseller or reseller include taxes

5

charged by the hotel. No person shall operate a hotel in this state, or act as a room reseller or

6

reseller for any hotel in the state, unless the tax administrator has issued a permit pursuant to §

7

44-19-1.

8

      (ii) "Travel package" means a room or rooms bundled with one or more other, separate

9

components of travel such as air transportation, car rental or similar items, which travel package

10

is charged to the customer or occupant for a single retail price. When the room occupancy is

11

bundled for a single consideration, with other property, services, amusement charges, or any other

12

items, the separate sale of which would not otherwise be subject to tax under this chapter, the

13

entire single consideration shall be treated as the rental or other fees for room occupancy subject

14

to tax under this chapter; provided, however, that where the amount of the rental or other fees for

15

room occupancy is stated separately from the price of such other property, services, amusement

16

charges, or other items, on any sales slip, invoice, receipt, or other statement given the occupant,

17

and such rental and other fees are determined by the tax administrator to be reasonable in relation

18

to the value of such other property, services, amusement charges or other items, only such

19

separately stated rental and other fees will be subject to tax under this chapter. The value of the

20

transfer of any room or rooms bundled as part of a travel package may be determined by the tax

21

administrator from the room reseller's and/or reseller's and/or hotel's books and records that are

22

kept in the regular course of business.

23

     (c) All services as defined herein are required to file a business application and

24

registration form and obtain a permit to make sales at retail with the tax administrator, to charge,

25

collect, and remit Rhode Island sales and use tax.

26

      (c)(d) The tax administrator is authorized to promulgate rules and regulations in

27

accordance with the provisions of chapter 42-35 to carry out the provisions, policies, and

28

purposes of this chapter.

29

     SECTION 15. Section 44-30-2.6 of General Laws in Chapter 44-30 entitled “Personal

30

Income Tax” is hereby amended to read as follows:

31

     44-30-2.6. Rhode Island taxable income -- Rate of tax. -- (a) "Rhode Island taxable

32

income" means federal taxable income as determined under the Internal Revenue Code, 26 U.S.C.

33

§ 1 et seq., not including the increase in the basic standard deduction amount for married couples

34

filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and

 

Art13
RELATING TO TAXES AND REVENUES
(Page 16 of 36)

1

the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and as modified by

2

the modifications in § 44-30-12.

3

     (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on

4

or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island

5

taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-

6

five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year

7

2002 and thereafter of the federal income tax rates, including capital gains rates and any other

8

special rates for other types of income, except as provided in § 44-30-2.7, which were in effect

9

immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of

10

2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator

11

beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the

12

commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or

13

after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in § 44-30-

14

2.10 to calculate his or her personal income tax liability.

15

     (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative

16

minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode

17

Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by

18

multiplying the federal tentative minimum tax without allowing for the increased exemptions

19

under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal

20

form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%)

21

for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing

22

the product to the Rhode Island tax as computed otherwise under this section. The excess shall be

23

the taxpayer's Rhode Island alternative minimum tax.

24

     (1) For tax years beginning on or after January 1, 2005 and thereafter the exemption

25

amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by

26

the tax administrator in the manner prescribed for adjustment by the commissioner of Internal

27

Revenue in 26 U.S.C. § 1(f).

28

     (2) For the period January 1, 2007 through December 31, 2007, and thereafter, Rhode

29

Island taxable income shall be determined by deducting from federal adjusted gross income as

30

defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island

31

itemized deduction amount and the Rhode Island exemption amount as determined in this section.

32

     (A) Tax imposed.

33

     (1) There is hereby imposed on the taxable income of married individuals filing joint

34

returns and surviving spouses a tax determined in accordance with the following table:

 

Art13
RELATING TO TAXES AND REVENUES
(Page 17 of 36)

1

If taxable income is: The tax is:

2

Not over $53,150 3.75% of taxable income

3

Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150

4

Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500

5

Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850

6

Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700

7

     (2) There is hereby imposed on the taxable income of every head of household a tax

8

determined in accordance with the following table:

9

If taxable income is: The tax is:

10

Not over $42,650 3.75% of taxable income

11

Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650

12

Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100

13

Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350

14

Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700

15

     (3) There is hereby imposed on the taxable income of unmarried individuals (other than

16

surviving spouses and heads of households) a tax determined in accordance with the following

17

table:

18

If taxable income is: The tax is:

19

Not over $31,850 3.75% of taxable income

20

Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850

21

Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100

22

Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850

23

Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700

24

     (4) There is hereby imposed on the taxable income of married individuals filing separate

25

returns and bankruptcy estates a tax determined in accordance with the following table:

26

If taxable income is: The tax is:

27

Not over $26,575 3.75% of taxable income

28

Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575

29

Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250

30

Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925

31

Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850

32

     (5) There is hereby imposed a taxable income of an estate or trust a tax determined in

33

accordance with the following table:

34

If taxable income is: The tax is:

 

Art13
RELATING TO TAXES AND REVENUES
(Page 18 of 36)

1

Not over $2,150 3.75% of taxable income

2

Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150

3

Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000

4

Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650

5

Over $10,450 $737.50 plus 9.90% of the excess over $10,450

6

     (6) Adjustments for inflation. The dollars amount contained in paragraph (A) shall be

7

increased by an amount equal to:

8

     (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;

9

     (b) The cost-of-living adjustment determined under section (J) with a base year of 1993;

10

     (c) The cost-of-living adjustment referred to in subparagraph (a) and (b) used in making

11

adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall

12

be determined under section (J) by substituting "1994" for "1993."

13

     (B) Maximum capital gains rates

14

     (1) In general If a taxpayer has a net capital gain for tax years ending prior to January 1,

15

2010, the tax imposed by this section for such taxable year shall not exceed the sum of:

16

     (a) 2.5 % of the net capital gain as reported for federal income tax purposes under section

17

26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b).

18

     (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.

19

1(h)(1)(c).

20

     (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26

21

U.S.C. 1(h)(1)(d).

22

     (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.

23

1(h)(1)(e).

24

     (2) For tax years beginning on or after January 1, 2010 the tax imposed on net capital

25

gain shall be determined under subdivision 44-30-2.6(c)(2)(A).

26

     (C) Itemized deductions.

27

     (1) In general

28

     For the purposes of section (2) "itemized deductions" means the amount of federal

29

itemized deductions as modified by the modifications in § 44-30-12.

30

     (2) Individuals who do not itemize their deductions In the case of an individual who does

31

not elect to itemize his deductions for the taxable year, they may elect to take a standard

32

deduction.

33

     (3) Basic standard deduction. The Rhode Island standard deduction shall be allowed in

34

accordance with the following table:

 

Art13
RELATING TO TAXES AND REVENUES
(Page 19 of 36)

1

     Filing status Amount

2

     Single $5,350

3

     Married filing jointly or qualifying widow(er) $8,900

4

     Married filing separately $4,450

5

     Head of Household $7,850

6

     (4) Additional standard deduction for the aged and blind. An additional standard

7

deduction shall be allowed for individuals age sixty-five (65) or older or blind in the amount of

8

$1,300 for individuals who are not married and $1,050 for individuals who are married.

9

     (5) Limitation on basic standard deduction in the case of certain dependents. In the case

10

of an individual to whom a deduction under section (E) is allowable to another taxpayer, the basic

11

standard deduction applicable to such individual shall not exceed the greater of:

12

     (a) $850;

13

     (b) The sum of $300 and such individual's earned income;

14

     (6) Certain individuals not eligible for standard deduction. In the case of:

15

     (a) A married individual filing a separate return where either spouse itemizes deductions;

16

     (b) Nonresident alien individual;

17

     (c) An estate or trust;

18

     The standard deduction shall be zero.

19

     (7) Adjustments for inflation. Each dollars amount contained in paragraphs (3), (4) and

20

(5) shall be increased by an amount equal to:

21

     (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988,

22

multiplied by

23

     (b) The cost-of-living adjustment determined under section (J) with a base year of 1988.

24

     (D) Overall limitation on itemized deductions

25

     (1) General rule.

26

     In the case of an individual whose adjusted gross income as modified by § 44-30-12

27

exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the

28

taxable year shall be reduced by the lesser of:

29

     (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12

30

over the applicable amount; or

31

     (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable

32

for such taxable year.

33

     (2) Applicable amount.

34

     (a) In general.

 

Art13
RELATING TO TAXES AND REVENUES
(Page 20 of 36)

1

     For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in

2

the case of a separate return by a married individual)

3

     (b) Adjustments for inflation. Each dollar amount contained in paragraph (a) shall be

4

increased by an amount equal to:

5

     (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by

6

     (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.

7

     (3) Phase-out of Limitation.

8

     (a) In general.

9

     In the case of taxable year beginning after December 31, 2005, and before January 1,

10

2010, the reduction under section (1) shall be equal to the applicable fraction of the amount which

11

would be the amount of such reduction.

12

     (b) Applicable fraction. For purposes of paragraph (a), the applicable fraction shall be

13

determined in accordance with the following table:

14

For taxable years beginning in calendar year The applicable fraction is

15

     2006 and 2007 2/3

16

     2008 and 2009 1/3

17

     (E) Exemption amount

18

     (1) In general.

19

     Except as otherwise provided in this subsection, the term "exemption amount" mean

20

$3,400.

21

     (2) Exemption amount disallowed in case of certain dependents.

22

     In the case of an individual with respect to whom a deduction under this section is

23

allowable to another taxpayer for the same taxable year, the exemption amount applicable to such

24

individual for such individual's taxable year shall be zero.

25

     (3) Adjustments for inflation.

26

     The dollar amount contained in paragraph (1) shall be increased by an amount equal to:

27

     (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by

28

     (b) The cost-of-living adjustment determined under section (J) with a base year of 1989.

29

     (4) Limitation.

30

     (a) In general.

31

     In the case of any taxpayer whose adjusted gross income as modified for the taxable year

32

exceeds the threshold amount shall be reduced by the applicable percentage.

33

     (b) Applicable percentage. In the case of any taxpayer whose adjusted gross income for

34

the taxable year exceeds the threshold amount, the exemption amount shall be reduced by two (2)

 

Art13
RELATING TO TAXES AND REVENUES
(Page 21 of 36)

1

percentage points for each $2,500 (or fraction thereof) by which the taxpayer's adjusted gross

2

income for the taxable year exceeds the threshold amount. In the case of a married individual

3

filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for

4

"$2,500." In no event shall the applicable percentage exceed one hundred percent (100%).

5

     (c) Threshold Amount. For the purposes of this paragraph, the term "threshold amount"

6

shall be determined with the following table:

7

     Filing status Amount

8

     Single $156,400

9

     Married filing jointly of qualifying widow(er) $234,600

10

     Married filing separately $117,300

11

     Head of Household $195,500

12

     (d) Adjustments for inflation.

13

     Each dollars amount contain in paragraph (b) shall be increased by an amount equal to:

14

     (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by

15

     (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.

16

     (5) Phase-out of Limitation.

17

     (a) In general.

18

     In the case of taxable years beginning after December 31, 2005, and before January 1,

19

2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which

20

would be the amount of such reduction.

21

     (b) Applicable fraction. For the purposes of paragraph (a), the applicable fraction shall

22

be determined in accordance with the following table:

23

For taxable years beginning in calendar year The applicable fraction is

24

     2006 and 2007 2/3

25

     2008 and 2009 1/3

26

     (F) Alternative minimum tax

27

     (1) General rule. - There is hereby imposed (in addition to any other tax imposed by this

28

subtitle) a tax equal to the excess (if any) of:

29

     (a) The tentative minimum tax for the taxable year, over

30

     (b) The regular tax for the taxable year.

31

     (2) The tentative minimum tax for the taxable year is the sum of:

32

     (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus

33

     (b) 7.0 percent of so much of the taxable excess above $175,000.

34

     (3) The amount determined under the preceding sentence shall be reduced by the

 

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RELATING TO TAXES AND REVENUES
(Page 22 of 36)

1

alternative minimum tax foreign tax credit for the taxable year.

2

     (4) Taxable excess. - For the purposes of this subsection the term "taxable excess" means

3

so much of the federal alternative minimum taxable income as modified by the modifications in §

4

44-30-12 as exceeds the exemption amount.

5

     (5) In the case of a married individual filing a separate return, subparagraph (2) shall be

6

applied by substituting "$87,500" for $175,000 each place it appears.

7

     (6) Exemption amount. For purposes of this section "exemption amount" means:

8

     Filing status Amount

9

     Single $39,150

10

     Married filing jointly or qualifying widow(er) $53,700

11

     Married filing separately $26,850

12

     Head of Household $39,150

13

     Estate or trust $24,650

14

     (7) Treatment of unearned income of minor children

15

     (a) In general.

16

     In the case of a minor child, the exemption amount for purposes of section (6) shall not

17

exceed the sum of:

18

     (i) Such child's earned income, plus

19

     (ii) $6,000.

20

     (8) Adjustments for inflation.

21

     The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount

22

equal to:

23

     (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied

24

by

25

     (b) The cost-of-living adjustment determined under section (J) with a base year of 2004.

26

     (9) Phase-out.

27

     (a) In general.

28

     The exemption amount of any taxpayer shall be reduced (but not below zero) by an

29

amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable

30

income of the taxpayer exceeds the threshold amount.

31

     (b) Threshold amount. For purposes of this paragraph, the term "threshold amount" shall

32

be determined with the following table:

33

     Filing status Amount

34

     Single $123,250

 

Art13
RELATING TO TAXES AND REVENUES
(Page 23 of 36)

1

     Married filing jointly or qualifying widow(er) $164,350

2

     Married filing separately $82,175

3

     Head of Household $123,250

4

     Estate or Trust $82,150

5

     (c) Adjustments for inflation

6

     Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:

7

     (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by

8

     (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.

9

     (G) Other Rhode Island taxes

10

     (1) General rule. - There is hereby imposed (in addition to any other tax imposed by this

11

subtitle) a tax equal to twenty-five percent (25%) of:

12

     (a) The Federal income tax on lump-sum distributions.

13

     (b) The Federal income tax on parents' election to report child's interest and dividends.

14

     (c) The recapture of Federal tax credits that were previously claimed on Rhode Island

15

return.

16

     (H) Tax for children under 18 with investment income

17

     (1) General rule. – There is hereby imposed a tax equal to twenty-five percent (25%) of:

18

(a) The Federal tax for children under the age of 18 with investment income.

19

     (I) Averaging of farm income

20

     (1) General rule. - At the election of an individual engaged in a farming business or

21

fishing business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:

22

     (a) The Federal averaging of farm income as determined in IRC section 1301.

23

     (J) Cost-of-living adjustment

24

     (1) In general.

25

     The cost-of-living adjustment for any calendar year is the percentage (if any) by which:

26

     (a) The CPI for the preceding calendar year exceeds

27

     (b) The CPI for the base year.

28

     (2) CPI for any calendar year. For purposes of paragraph (1), the CPI for any calendar

29

year is the average of the Consumer Price Index as of the close of the twelve (12) month period

30

ending on August 31 of such calendar year.

31

     (3) Consumer Price Index

32

     For purposes of paragraph (2), the term "consumer price index" means the last consumer

33

price index for all urban consumers published by the department of labor. For purposes of the

34

preceding sentence, the revision of the consumer price index which is most consistent with the

 

Art13
RELATING TO TAXES AND REVENUES
(Page 24 of 36)

1

consumer price index for calendar year 1986 shall be used.

2

     (4) Rounding.

3

     (a) In general.

4

     If any increase determined under paragraph (1) is not a multiple of $50, such increase

5

shall be rounded to the next lowest multiple of $50.

6

     (b) In the case of a married individual filing a separate return, subparagraph (a) shall be

7

applied by substituting "$25" for $50 each place it appears.

8

     (K) Credits against tax. - For tax years beginning on or after January 1, 2001, a taxpayer

9

entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to

10

a credit against the Rhode Island tax imposed under this section:

11

     (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5].

12

     (2) Child and dependent care credit;

13

     (3) General business credits;

14

     (4) Credit for elderly or the disabled;

15

     (5) Credit for prior year minimum tax;

16

     (6) Mortgage interest credit;

17

     (7) Empowerment zone employment credit;

18

     (8) Qualified electric vehicle credit.

19

     (L) Credit against tax for adoption. - For tax years beginning on or after January 1, 2006,

20

a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode

21

Island tax imposed under this section if the adopted child was under the care, custody, or

22

supervision of the Rhode Island department of children, youth and families prior to the adoption.

23

     (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits

24

provided there shall be no deduction based on any federal credits enacted after January 1, 1996,

25

including the rate reduction credit provided by the federal Economic Growth and Tax

26

Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be

27

reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax

28

purposes shall determine the Rhode Island amount to be recaptured in the same manner as

29

prescribed in this subsection.

30

     (N) Rhode Island earned income credit

31

     (1) In general.

32

     For tax years beginning before January 1, 2015 a taxpayer entitled to a federal earned

33

income credit shall be allowed a Rhode Island earned income credit equal to twenty-five percent

34

(25%) of the federal earned income credit. Such credit shall not exceed the amount of the Rhode

 

Art13
RELATING TO TAXES AND REVENUES
(Page 25 of 36)

1

Island income tax.

2

     For tax years beginning on or after January 1, 2015 and before January 1, 2016, a

3

taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned income

4

credit equal to ten percent (10%) of the federal earned income credit. Such credit shall not exceed

5

the amount of the Rhode Island income tax.

6

     For tax years beginning on or after January, 1, 2016, a taxpayer entitled to a federal

7

earned income credit shall be allowed a Rhode Island earned income credit equal to twelve and

8

one-half percent (12.5%) of the federal earned income credit. Such credit shall not exceed the

9

amount of the Rhode Island income tax.

10

     For tax years beginning on or after January, 1, 2017, a taxpayer entitled to a federal

11

earned income credit shall be allowed a Rhode Island earned income credit equal to fifteen

12

percent (15%) of the federal earned income credit. Such credit shall not exceed the amount of the

13

Rhode Island income tax.

14

     (2) Refundable portion.

15

     In the event the Rhode Island earned income credit allowed under paragraph (N)(1) of

16

this section (J) exceeds the amount of Rhode Island income tax, a refundable earned income

17

credit shall be allowed as follows.

18

     (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2)

19

refundable earned income credit means fifteen percent (15%) of the amount by which the Rhode

20

Island earned income credit exceeds the Rhode Island income tax.

21

     (a)(ii) For tax years beginning on or after January 1, 2015, For for purposes of paragraph

22

(2) refundable earned income credit means one hundred percent (100%) of the amount by which

23

the Rhode Island earned income credit exceeds the Rhode Island income tax.

24

     (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs

25

(A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years

26

thereafter for inclusion in the statute.

27

     (3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode

28

Island taxable income" means federal adjusted gross income as determined under the Internal

29

Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-

30

30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to

31

subparagraph 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant of

32

subparagraph 44-30-2.6(c)(3)(C).

33

     (A) Tax imposed.

34

     (I) There is hereby imposed on the taxable income of married individuals filing joint

 

Art13
RELATING TO TAXES AND REVENUES
(Page 26 of 36)

1

returns, qualifying widow(er), every head of household, unmarried individuals, married

2

individuals filing separate returns and bankruptcy estates, a tax determined in accordance with the

3

following table:

4

     RI Taxable Income RI Income Tax

5

Over But not Over Pay + % On Excess On The Amount Over

6

$0 - $55,000 $0 + 3.75% $0

7

55,000 - 125,000 2,063 + 4.75% 55,000

8

125,000 - 5,388 + 5.99% 125,000

9

     (II) There is hereby imposed on the taxable income of an estate or trust a tax determined

10

in accordance with the following table:

11

     RI Taxable Income RI Income Tax

12

Over But not Over Pay + % On Excess On The Amount Over

13

$0 - $2,230 $0 + 3.75% $0

14

2,230 - 7,022 84 + 4.75% 2,230

15

7,022 - 312 + 5.99% 7,022

16

     (B) Deductions:

17

     (I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction

18

shall be allowed in accordance with the following table:

19

     Filing status: Amount

20

     Single $7,500

21

     Married filing jointly or qualifying widow(er) $15,000

22

     Married filing separately $7,500

23

     Head of Household $11,250

24

     (II) Nonresident alien individuals, estates and trusts are not eligible for standard

25

deductions.

26

     (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode

27

Island purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five

28

thousand dollars ($175,000), the standard deduction amount shall be reduced by the applicable

29

percentage. The term "applicable percentage" means twenty (20) percentage points for each five

30

thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for

31

the taxable year exceeds one hundred seventy-five thousand dollars ($175,000).

32

     (C) Exemption Amount:

33

     (I) The term "exemption amount" means three thousand five hundred dollars ($3,500)

34

multiplied by the number of exemptions allowed for the taxable year for federal income tax

 

Art13
RELATING TO TAXES AND REVENUES
(Page 27 of 36)

1

purposes.

2

     (II) Exemption amount disallowed in case of certain dependents. In the case of an

3

individual with respect to whom a deduction under this section is allowable to another taxpayer

4

for the same taxable year, the exemption amount applicable to such individual for such

5

individual's taxable year shall be zero.

6

     (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode

7

Island purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy- five

8

thousand dollars ($175,000), the exemption amount shall be reduced by the applicable

9

percentage. The term "applicable percentage" means twenty (20) percentage points for each five

10

thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for

11

the taxable year exceeds one hundred seventy-five thousand dollars ($175,000).

12

     (E) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30-

13

2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount

14

equal to:

15

     (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-

16

2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000,

17

multiplied by;

18

     (II) The cost-of-living adjustment with a base year of 2000.

19

     (III) For the purposes of this section the cost-of-living adjustment for any calendar year is

20

the percentage (if any) by which the consumer price index for the preceding calendar year

21

exceeds the consumer price index for the base year. The consumer price index for any calendar

22

year is the average of the consumer price index as of the close of the twelve (12) month period

23

ending on August 31, of such calendar year.

24

     (IV) For the purpose of this section the term "consumer price index" means the last

25

consumer price index for all urban consumers published by the department of labor. For the

26

purpose of this section the revision of the consumer price index which is most consistent with the

27

consumer price index for calendar year 1986 shall be used.

28

     (V) If any increase determined under this section is not a multiple of fifty dollars

29

($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the

30

case of a married individual filing separate return, if any increase determined under this section is

31

not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower

32

multiple of twenty-five dollars ($25.00).

33

     (E) Credits against tax.

34

     (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on

 

Art13
RELATING TO TAXES AND REVENUES
(Page 28 of 36)

1

or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be

2

as follows:

3

     (a) Rhode Island Earned Income Credit: Credit shall be allowed for earned income credit

4

pursuant to subparagraph 44-30-2.6(c)(2)(N).

5

     (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided

6

in § 44-33-1 et seq.

7

     (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax

8

credit as provided in § 44-30.3-1 et seq.

9

     (d) Credit for income taxes of other states. - Credit shall be allowed for income tax paid

10

to other states pursuant to § 44-30-74.

11

     (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax

12

credit as provided in § 44-33.2-1 et seq.

13

     (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture

14

production tax credit as provided in § 44-31.2-1 et seq.

15

     (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of

16

the federal child and dependent care credit allowable for the taxable year for federal purposes;

17

provided, however, such credit shall not exceed the Rhode Island tax liability.

18

     (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for

19

contributions to scholarship organizations as provided in § 44-62 et seq.

20

     (i) Credit for tax withheld. - Wages upon which tax is required to be withheld shall be

21

taxable as if no withholding were required, but any amount of Rhode Island personal income tax

22

actually deducted and withheld in any calendar year shall be deemed to have been paid to the tax

23

administrator on behalf of the person from whom withheld, and the person shall be credited with

24

having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable

25

year of less than twelve (12) months, the credit shall be made under regulations of the tax

26

administrator.

27

     (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested

28

in RI wavemaker fellowship program as provided in §42-64.26-1 et seq.

29

     (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in

30

§42-64.20-1 et seq.

31

     (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode

32

Island new qualified jobs incentive program credit as provided in §44-48.3-1 et seq.

33

     (2) Except as provided in section l above, no other state and federal tax credit shall be

34

available to the taxpayers in computing tax liability under this chapter.

 

Art13
RELATING TO TAXES AND REVENUES
(Page 29 of 36)

1

     SECTION 16. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal

2

Income Tax" is hereby amended to read as follows:

3

     44-30-12. Rhode Island income of a resident individual. -- (a) General. - The Rhode

4

Island income of a resident individual means his or her adjusted gross income for federal income

5

tax purposes, with the modifications specified in this section.

6

      (b) Modifications increasing federal adjusted gross income. - There shall be added to

7

federal adjusted gross income:

8

      (1) Interest income on obligations of any state, or its political subdivisions, other than

9

Rhode Island or its political subdivisions;

10

      (2) Interest or dividend income on obligations or securities of any authority, commission,

11

or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the

12

extent exempted by the laws of the United States from federal income tax but not from state

13

income taxes;

14

      (3) The modification described in § 44-30-25(g);

15

      (4) (i) The amount defined below of a nonqualified withdrawal made from an account in

16

the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified

17

withdrawal is:

18

      (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal

19

Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-

20

6.1; and

21

      (B) A withdrawal or distribution which is:

22

      (I) Not applied on a timely basis to pay "qualified higher education expenses" as defined

23

in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;

24

      (II) Not made for a reason referred to in § 16-57-6.1(e); or

25

      (III) Not made in other circumstances for which an exclusion from tax made applicable

26

by Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,

27

withdrawal or distribution is made within two (2) taxable years following the taxable year for

28

which a contributions modification pursuant to subdivision (c)(4) of this section is taken based on

29

contributions to any tuition savings program account by the person who is the participant of the

30

account at the time of the contribution, whether or not the person is the participant of the account

31

at the time of the transfer, rollover, withdrawal or distribution;

32

      (ii) In the event of a nonqualified withdrawal under subparagraphs (i)(A) or (i)(B) of this

33

subdivision, there shall be added to the federal adjusted gross income of that person for the

34

taxable year of the withdrawal an amount equal to the lesser of:

 

Art13
RELATING TO TAXES AND REVENUES
(Page 30 of 36)

1

      (A) The amount equal to the nonqualified withdrawal reduced by the sum of any

2

administrative fee or penalty imposed under the tuition savings program in connection with the

3

nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the

4

person's federal adjusted gross income for the taxable year; and

5

      (B) The amount of the person's contribution modification pursuant to subdivision (c)(4)

6

of this section for the person's taxable year of the withdrawal and the two (2) prior taxable years

7

less the amount of any nonqualified withdrawal for the two (2) prior taxable years included in

8

computing the person's Rhode Island income by application of this subsection for those years.

9

Any amount added to federal adjusted gross income pursuant to this subdivision shall constitute

10

Rhode Island income for residents, nonresidents and part-year residents; and

11

      (5) The modification described in § 44-30-25.1(d)(3)(i).

12

      (6) The amount equal to any unemployment compensation received but not included in

13

federal adjusted gross income.

14

      (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a

15

qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6).

16

      (c) Modifications reducing federal adjusted gross income. - There shall be subtracted

17

from federal adjusted gross income:

18

      (1) Any interest income on obligations of the United States and its possessions to the

19

extent includible in gross income for federal income tax purposes, and any interest or dividend

20

income on obligations, or securities of any authority, commission, or instrumentality of the

21

United States to the extent includible in gross income for federal income tax purposes but exempt

22

from state income taxes under the laws of the United States; provided, that the amount to be

23

subtracted shall in any case be reduced by any interest on indebtedness incurred or continued to

24

purchase or carry obligations or securities the income of which is exempt from Rhode Island

25

personal income tax, to the extent the interest has been deducted in determining federal adjusted

26

gross income or taxable income;

27

      (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);

28

      (3) The amount of any withdrawal or distribution from the "tuition savings program"

29

referred to in § 16-57-6.1 which is included in federal adjusted gross income, other than a

30

withdrawal or distribution or portion of a withdrawal or distribution that is a nonqualified

31

withdrawal;

32

      (4) Contributions made to an account under the tuition savings program, including the

33

"contributions carryover" pursuant to paragraph (iv) of this subdivision, if any, subject to the

34

following limitations, restrictions and qualifications:

 

Art13
RELATING TO TAXES AND REVENUES
(Page 31 of 36)

1

      (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the

2

taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint

3

return;

4

      (ii) The following shall not be considered contributions:

5

      (A) Contributions made by any person to an account who is not a participant of the

6

account at the time the contribution is made;

7

      (B) Transfers or rollovers to an account from any other tuition savings program account

8

or from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26

9

U.S.C. § 529; or

10

      (C) A change of the beneficiary of the account;

11

      (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal

12

adjusted gross income to less than zero (0);

13

      (iv) The contributions carryover to a taxable year for purpose of this subdivision is the

14

excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition

15

savings program for all preceding taxable years for which this subsection is effective over the

16

sum of:

17

      (A) The total of the subtractions under this subdivision allowable to the taxpayer for all

18

such preceding taxable years; and

19

      (B) That part of any remaining contribution carryover at the end of the taxable year

20

which exceeds the amount of any nonqualified withdrawals during the year and the prior two (2)

21

taxable years not included in the addition provided for in this subdivision for those years. Any

22

such part shall be disregarded in computing the contributions carryover for any subsequent

23

taxable year;

24

      (v) For any taxable year for which a contributions carryover is applicable, the taxpayer

25

shall include a computation of the carryover with the taxpayer's Rhode Island personal income

26

tax return for that year, and if for any taxable year on which the carryover is based the taxpayer

27

filed a joint Rhode Island personal income tax return but filed a return on a basis other than

28

jointly for a subsequent taxable year, the computation shall reflect how the carryover is being

29

allocated between the prior joint filers; and

30

      (5) The modification described in § 44-30-25.1(d)(1).

31

      (6) Amounts deemed taxable income to the taxpayer due to payment or provision of

32

insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36

33

or other coverage plan.

34

      (7) Modification for organ transplantation. - (i) An individual may subtract up to ten

 

Art13
RELATING TO TAXES AND REVENUES
(Page 32 of 36)

1

thousand dollars ($10,000) from federal adjusted gross income if he or she, while living, donates

2

one or more of his or her human organs to another human being for human organ transplantation,

3

except that for purposes of this subsection, "human organ" means all or part of a liver, pancreas,

4

kidney, intestine, lung, or bone marrow. A subtract modification that is claimed hereunder may be

5

claimed in the taxable year in which the human organ transplantation occurs.

6

      (ii) An individual may claim that subtract modification hereunder only once, and the

7

subtract modification may be claimed for only the following unreimbursed expenses that are

8

incurred by the claimant and related to the claimant's organ donation:

9

      (A) Travel expenses.

10

      (B) Lodging expenses.

11

      (C) Lost wages.

12

      (iii) The subtract modification hereunder may not be claimed by a part-time resident or a

13

nonresident of this state.

14

      (8) Modification for taxable Social Security income.

15

      (i) For tax years beginning on or after January 1, 2016:

16

      (A) For a person who has attained the age used for calculating full or unreduced social

17

security retirement benefits who files a return as an unmarried individual, head of household or

18

married filing separate whose federal adjusted gross income for such taxable year is less than

19

eighty thousand dollars ($80,000); or

20

      (B) A married individual filing jointly or individual filing qualifying widow(er) who has

21

attained the age used for calculating full or unreduced social security retirement benefits whose

22

joint federal adjusted gross income for such taxable year is less than one hundred thousand

23

dollars ($100,000), an amount equal to the social security benefits includable in federal adjusted

24

gross income.

25

      (ii) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30-

26

12(c)(8)(i)(A) and 44-30-12(c)(8)(i)(B) shall be increased annually by an amount equal to:

27

      (A) Such dollar amount contained in subparagraphs 44-30-12(c)(8)(i)(A) and 44-30-

28

12(c)(8)(i)(B) adjusted for inflation using a base tax year of 2000, multiplied by;

29

      (B) The cost-of-living adjustment with a base year of 2000.

30

      (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is

31

the percentage (if any) by which the consumer price index for the preceding calendar year

32

exceeds the consumer price index for the base year. The consumer price index for any calendar

33

year is the average of the consumer price index as of the close of the twelve (12) month period

34

ending on August 31, of such calendar year.

 

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RELATING TO TAXES AND REVENUES
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1

      (iv) For the purpose of this section the term "consumer price index" means the last

2

consumer price index for all urban consumers published by the department of labor. For the

3

purpose of this section the revision of the consumer price index which is most consistent with the

4

consumer price index for calendar year 1986 shall be used.

5

      (v) If any increase determined under this section is not a multiple of fifty dollars

6

($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the

7

case of a married individual filing separate return, if any increase determined under this section is

8

not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower

9

multiple of twenty-five dollars ($25.00).

10

     (9) Modification for up to fifteen thousand dollars ($15,000) of taxable retirement income

11

from certain pension plans or annuities.

12

     (i) For tax years beginning on or after January 1, 2017 a modification shall be allowed for

13

up to fifteen thousand dollars ($15,000) of taxable pension and/or annuity income that is included

14

in federal adjusted gross income for the taxable year:

15

     (A) For a person who has attained the age used for calculating full or unreduced social

16

security retirement benefits who files a return as an unmarried individual, head of household or

17

married filing separate whose federal adjusted gross income for such taxable year is less than the

18

amount used for the modification contained in §44-30-12(c)(8)(i)(A) an amount not to exceed

19

$15,000 of taxable pension and/or annuity income includable in federal adjusted gross income; or

20

     (B) For a married individual filing jointly or individual filing qualifying widow(er) who

21

has attained the age used for calculating full or unreduced social security retirement benefits

22

whose joint federal adjusted gross income for such taxable year is less than the amount used for

23

the modification contained in §44-30-12(c)(8)(i)(B) an amount not to exceed $15,000 of taxable

24

pension and/or annuity income includable in federal adjusted gross income.

25

     (ii) Adjustment for inflation. The dollar amount contained by reference in §§44-30-

26

12(c)(9)(i)(A) and 44-30-12(c)(9)(i)(B) shall be increased annually for tax years beginning on or

27

after January 1, 2018 by an amount equal to:

28

     (A) Such dollar amount contained by reference in §§44-30-12(c)(9)(i)(A) and 44-30-

29

12(c)(9)(i)(B) adjusted for inflation using a base tax year of 2000, multiplied by;

30

     (B) The cost-of-living adjustment with a base year of 2000.

31

     (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is

32

the percentage (if any) by which the consumer price index for the preceding calendar year

33

exceeds the consumer price index for the base year. The consumer price index for any calendar

34

year is the average of the consumer price index as of the close of the twelve (12) month period

 

Art13
RELATING TO TAXES AND REVENUES
(Page 34 of 36)

1

ending on August 31, of such calendar year.

2

     (iv) For the purpose of this section the term "consumer price index" means the last

3

consumer price index for all urban consumers published by the department of labor. For the

4

purpose of this section the revision of the consumer price index which is most consistent with the

5

consumer price index for calendar year 1986 shall be used.

6

     (v) If any increase determined under this section is not a multiple of fifty dollars

7

($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the

8

case of a married individual filing a separate return, if any increase determined under this section

9

is not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower

10

multiple of twenty-five dollars ($25.00).

11

     (d) Modification for Rhode Island fiduciary adjustment. - There shall be added to or

12

subtracted from federal adjusted gross income (as the case may be) the taxpayer's share, as

13

beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-

14

30-17.

15

      (e) Partners. - The amounts of modifications required to be made under this section by a

16

partner, which relate to items of income or deduction of a partnership, shall be determined under

17

§ 44-30-15.

18

     SECTION 17. Section 44-31.2-11 of the General Laws in Chapter 44-31.2 entitled

19

"Motion Picture Production Tax Credits" is hereby amended to read as follows:

20

     44-31.2-11. Sunset. -- No credits shall be issued on or after July 1, 2019 2021 unless the

21

production has received initial certification under subsection 44-31.2-6(a) prior to July 1, 2019

22

2021.

23

     SECTION 18. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled

24

"Historic Preservation Tax Credits 2013" is hereby amended to read as follows:

25

     44-33.6-11. Sunset. -- No credits shall be authorized to be reserved pursuant to this

26

chapter on or after June 30, 2016 2017 or upon the exhaustion of the maximum aggregate credits,

27

whichever comes first.

28

     SECTION 19. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled

29

"Department of Environmental Management" is hereby amended to read as follows:

30

     42-17.1-9.1. User fees at state beaches, parks, and recreation areas. -- (a) The

31

department of environmental management in pursuance of its administrative duties and

32

responsibilities may charge a user fee for any state beach, or recreational area under its

33

jurisdiction, and fees for the use of its services or facilities.

34

      (b) The fee may be on a daily or annual basis, or both, and may be based on vehicle

 

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RELATING TO TAXES AND REVENUES
(Page 35 of 36)

1

parking or other appropriate means. The fees may recognize the contribution of Rhode Island

2

taxpayers to support the facilities in relation to other users of the state's facilities. The fee

3

structure may acknowledge the need to provide for all people, regardless of circumstances.

4

      (c) An additional fee for camping and other special uses may be charged where

5

appropriate. Rates so charged should be comparable to equivalent commercial facilities.

6

      (d) All such fees shall be established after a public hearing.

7

      (e) All daily fees from beach parking, which shall also include fees charged and

8

collected at Ninigret conservation area and Charlestown breachway, shall be shared with the

9

municipality in which the facility is located on the basis of eighty-four percent (84%) seventy-

10

three percent (73%) retained by the state and sixteen percent (16%) twenty-seven percent (27%)

11

remitted to the municipality; provided, further, from July 1, 2016 until October 1, 2016 the beach

12

fees charged and collected under this subsection shall be equal to those in effect on June 30,

13

2011. Further, purchasers of season passes between May 14, 2016 and June 30, 2016 shall be

14

eligible to receive a credit for the difference between the amount of the July 1, 2016 fee and the

15

amount originally paid. Said credits may be applied against the purchase of a season pass in 2017.

16

      (f) Fifty percent (50%) of all user and concession fees received by the state shall be

17

deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and

18

concession fees to be received by the state shall be sixty-five percent (65%); for the year

19

beginning July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and

20

all years thereafter, one hundred percent (100%). The general revenue monies appropriated are

21

hereby specifically dedicated to meeting the costs of development, renovation of, and acquisition

22

of state-owned recreation areas and for regular maintenance, repair and operation of state owned

23

recreation areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed

24

four hundred thousand dollars ($400,000) annually. Notwithstanding the provisions of § 37-1-1 or

25

any other provision of the general laws, the director of the department of environmental

26

management is hereby authorized to accept any grant, devise, bequest, donation, gift, or

27

assignment of money, bonds, or other valuable securities for deposit in the same manner as

28

provided above for user and concession fees retained by the state.

29

      (g) No fee shall be charged to any school or other nonprofit organization provided that a

30

representative of the school or other organization gives written notice of the date and time of their

31

arrival to the facility.

32

     SECTION 20. Sections 4, 5, 6, 10, 11, 12, and 13 shall take effect upon passage and shall

33

apply to tax years beginning on or after January 1, 2016. Sections 9, 15, and 16 shall take effect

34

as of January 1, 2017. The remainder of the article shall take effect as of July 1, 2016.

 

Art13
RELATING TO TAXES AND REVENUES
(Page 36 of 36)