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art.013/5/013/4/013/3/013/2 | ||
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1 | ARTICLE 13 AS AMENDED | |
2 | RELATING TO TAXES AND REVENUES | |
3 | SECTION 1. Section 3-6-1 of the General Laws in Chapter 3-6 entitled "Manufacturing | |
4 | and Wholesale Licenses" is hereby amended to read as follows: | |
5 | 3-6-1. Manufacturer's license. -- (a) A manufacturer's license authorizes the holder to | |
6 | establish and operate a brewery, distillery, or winery at the place described in the license for the | |
7 | manufacture of beverages within this state. The license does not authorize more than one of the | |
8 | activities of operator of a brewery or distillery or winery and a separate license shall be required | |
9 | for each plant. | |
10 | (b) The license also authorizes the sale at wholesale at the licensed place by the | |
11 | manufacturer of the product of the licensed plant to another license holder and the transportation | |
12 | and delivery from the place of sale to a licensed place or to a common carrier for that delivery. | |
13 | The license does not authorize the sale of beverages for consumption on premises where sold. | |
14 | The license does not authorize the sale of beverages in this state for delivery outside this state in | |
15 | violation of the law of the place of delivery. The license holder may provide to visitors in | |
16 | conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three | |
17 | hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces | |
18 | (72 oz) per visitor for malt beverages at the licensed plant by the manufacturer of the product of | |
19 | the licensed plant to visitors for off-premise consumption. The license does not authorize | |
20 | providing samples to a visitor of any alcoholic beverages for off-premise consumption that are | |
21 | not manufactured at the licensed plant. | |
22 | (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery | |
23 | producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for | |
24 | a distillery producing less than or equal to fifty thousand (50,000) gallons per year, five hundred | |
25 | dollars ($500) for a brewery, and one thousand five hundred dollars ($1,500) for a winery | |
26 | producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per | |
27 | year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are | |
28 | prorated to the year ending December 1 in every calendar year and shall be paid to the division of | |
29 | taxation and be turned over to the general treasurer for the use of the state. | |
30 | SECTION 2. Section 3-10-1 of the General Laws in Chapter 3-10 entitled "Taxation of | |
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1 | Beverages" is hereby amended to read as follows: | |
2 | 3-10-1. Manufacturing tax rates -- Exemption of religious uses. -- (a) There shall be | |
3 | assessed and levied by the tax administrator on all beverages manufactured, rectified, blended, or | |
4 | reduced for sale in this state a tax of three dollars and thirty cents ($3.30) on every thirty-one (31) | |
5 | gallons, and a tax at a like rate for any other quantity or fractional part. On any beverage | |
6 | manufactured, rectified, blended, or reduced for sale in this state consisting in whole or in part of | |
7 | wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other strong liquors (as distinguished | |
8 | from beer or other brewery products), the tax to be assessed and levied is as follows: | |
9 | (1) Still wines (whether fortified or not), one dollar and forty cents ($1.40) per gallon; | |
10 | (2) Still wines (whether fortified or not) made entirely from fruit grown in this state, | |
11 | thirty cents ($.30) per gallon; | |
12 | (3) Sparkling wines (whether fortified or not), seventy five cents ($.75) per gallon; | |
13 | (4) Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole | |
14 | or in part of alcohol that is the product of distillation, five dollars and forty cents ($5.40) per | |
15 | gallon, except that whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in | |
16 | whole or in part of alcohol that is the product of distillation but that contains alcohol measuring | |
17 | thirty (30) proof or less, one dollar and ten cents ($1.10) per gallon; | |
18 | (5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50) | |
19 | per gallon; and | |
20 | (6) Ethyl alcohol to be used for nonbeverage purposes, eight cents ($.08) per gallon. | |
21 | (b) Sacramental wines are not subject to any tax if sold directly to a member of the | |
22 | clergy for use by the purchaser or his or her congregation for sacramental or other religious | |
23 | purposes. | |
24 | (c) A brewer who brews beer in this state that is actively and directly owned, managed, | |
25 | and operated by an authorized legal entity that has owned, managed, and operated a brewery in | |
26 | this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first | |
27 | one hundred thousand (100,000) barrels of beer that it produces and distributes in this state in any | |
28 | calendar year. A barrel of beer is thirty one (31) gallons. | |
29 | (d) A distiller who distills spirits in this state that is actively and directly owned, | |
30 | managed, and operated by an authorized legal entity that has owned, managed, and operated a | |
31 | distillery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on | |
32 | the first fifty thousand (50,000) gallons of distilled spirits that it produces and distributes in this | |
33 | state in any calendar year. | |
34 | SECTION 3. Section 7-12-56 of the General Laws in Chapter 7-12 entitled | |
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1 | "Partnerships" is hereby amended to read as follows: | |
2 | 7-12-56. Registered limited liability partnerships. -- (a) To become and to continue as | |
3 | a registered limited liability partnership, a partnership shall file with the secretary of state an | |
4 | application or a renewal application, stating the name of the partnership, the address of its | |
5 | principal office, if the partnership's principal office is not located in this state, the address of a | |
6 | registered office and the name and address of a registered agent for service of process in this state | |
7 | which a partnership is required to maintain. In addition, partnerships under this section shall | |
8 | provide the names and addresses of all resident partners, the place where the business records of | |
9 | the partnership are maintained, or if more than one location for business records is maintained, | |
10 | then the principal place of business of the partnership, number, a brief statement of the business | |
11 | in which the partnership engaged, and that the partnership applies for status or renewal of its | |
12 | status, as a registered limited liability partnership. | |
13 | (b) The application or renewal application is executed by a majority in interest of the | |
14 | partners or by one or more partners authorized to execute an application or renewal application. | |
15 | (c) The application or renewal application is accompanied by a fee of one hundred | |
16 | dollars ($100) one hundred fifty dollars ($150) for each partner, not to exceed two thousand five | |
17 | hundred dollars ($2,500) for each partnership's initial filing or subsequent renewal application. | |
18 | Renewal applications are to be filed yearly and are to be accompanied by a fee of fifty | |
19 | dollars ($50.00). | |
20 | (d) The secretary of state shall register as a registered limited liability partnership, and | |
21 | shall renew the registration of any limited liability partnership, any partnership that submits a | |
22 | completed application or renewal application with the required fee. | |
23 | (e) Registration is effective for one year after the date an application is filed, unless | |
24 | voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed | |
25 | by a majority in interest of the partners or by one or more partners authorized to execute a | |
26 | withdrawal. Registration, whether pursuant to an original application or a renewal application, as | |
27 | a registered limited liability partnership is renewed if, during the sixty (60) day period preceding | |
28 | the date the application or renewal application otherwise would have expired, the partnership | |
29 | filed with the secretary of state a renewal application. A renewal application expires one year | |
30 | after the date an original application would have expired if the last renewal of the application had | |
31 | not occurred. | |
32 | (f) The status of a partnership as a registered limited liability partnership is not affected | |
33 | by changes after the filing of an application or a renewal application in the information stated in | |
34 | the application or renewal application. | |
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1 | (g) The secretary of state may provide forms for application for or renewal of | |
2 | registration. Any renewals shall maintain resident partners as set out in this section. | |
3 | (h) A partnership that registers as a registered limited liability partnership is not deemed | |
4 | to have dissolved as a result of that registration and is for all purposes the same partnership that | |
5 | existed before the registration and continues to be a partnership under the laws of this state. If a | |
6 | registered limited liability partnership dissolves, a partnership which is a successor to the | |
7 | registered limited liability partnership and which intends to be a registered limited liability | |
8 | partnership is not required to file a new application and is deemed to have filed any documents | |
9 | required or permitted under this chapter which were filed by the predecessor partnership. | |
10 | (i) The fact that an application or renewal application is on file in the office of the | |
11 | secretary of state is notice that the partnership is a registered limited liability partnership and is | |
12 | notice of all other facts stated in the application or renewal application. | |
13 | SECTION 4. Section 7-12-60 of the General Laws in Chapter 7-12 entitled | |
14 | "Partnerships" is hereby amended to read as follows: | |
15 | 7-12-60. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax | |
16 | years beginning on or after January 1, 2012 a limited liability partnership registered under § 7-12- | |
17 | 56, shall file a return in the form and containing the information as prescribed by the tax | |
18 | administrator as follows: | |
19 | (1) If the fiscal year of the limited liability partnership is the calendar year, on or before | |
20 | the fifteenth (15th) day of April in the year following the close of the fiscal year; and | |
21 | (2) If the fiscal year of the limited liability partnership is not a calendar year, on or | |
22 | before the fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year. | |
23 | (b) For tax years beginning after December 31, 2015, a limited liability partnership | |
24 | registered under §7-12-56, shall file a return in the form and containing the information as | |
25 | prescribed by the tax administrator and shall be filed on or before the date a federal tax return is | |
26 | due to be filed, without regard to extension. | |
27 | (b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under | |
28 | subsection 44-11-2(e), shall be due on the filing of the limited liability partnership's return filed | |
29 | with the tax administrator and shall be paid to the division of taxation. | |
30 | (c)(d) The annual charge is delinquent if not paid by the due date for the filing of the | |
31 | return and an addition of one hundred dollars ($100) to the charge is then due. | |
32 | SECTION 5. Section 7-13-69 of the General Laws in Chapter 7-13 entitled "Limited | |
33 | Partnerships" is hereby amended to read as follows: | |
34 | 7-13-69. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax | |
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1 | years beginning on or after January 1, 2012 a limited partnership certified under this chapter shall | |
2 | file a return in the form and containing the information as prescribed by the tax administrator as | |
3 | follows: | |
4 | (1) If the fiscal year of the limited partnership is the calendar year, on or before the | |
5 | fifteenth (15th) day of April in the year following the close of the fiscal year; and | |
6 | (2) If the fiscal year of the limited partnership is not a calendar year, on or before the | |
7 | fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year. | |
8 | (b) For tax years beginning after December 31, 2015, a limited partnership certified under | |
9 | this chapter shall file a return in the form and containing the information as prescribed by the tax | |
10 | administrator and shall be filed on or before the date a federal tax return is due to be filed, without | |
11 | regard to extension. | |
12 | (b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under | |
13 | subsection 44-11-2(e), shall be due on the filing of the limited partnership's return filed with the | |
14 | tax administrator and shall be paid to the division of taxation. | |
15 | (c)(d) The annual charge is delinquent if not paid by the due date for the filing of the | |
16 | return and an addition of one hundred dollars ($100) to the charge is then due. | |
17 | SECTION 6. Section 7-16-67 of the General Laws in Chapter 7-16 entitled "The Rhode | |
18 | Island Limited Liability Company Act" is hereby amended to read as follows: | |
19 | 7-16-67. Filing of returns with the tax administrator -- Annual charge. -- (a) A return | |
20 | in the form and containing the information as the tax administrator may prescribe shall be filed | |
21 | with the tax administrator by the limited liability company: | |
22 | (1) In case the fiscal year of the limited liability company is the calendar year, on or | |
23 | before the fifteenth day of March in the year following the close of the fiscal year; and | |
24 | (2) In case the fiscal year of the limited liability company is not a calendar year, on or | |
25 | before the fifteenth day of the third month following the close of the fiscal year. | |
26 | (b) For tax years on or after January 1, 2016, a return in the form and containing the | |
27 | information as the tax administrator may prescribe shall be filed with the tax administrator by the | |
28 | limited liability company and shall be filed on or before the date a federal tax return is due to be | |
29 | filed, without regard to extension. | |
30 | (b)(c) An annual charge shall be due on the filing of the limited liability company's | |
31 | return filed with the tax administrator and shall be paid to the Division of Taxation as follows: | |
32 | (1) If the limited liability company is treated as a corporation for purposes of federal | |
33 | income taxation, it shall pay the taxes as provided in chapters 11 and 12 of title 44; or | |
34 | (2) If the limited liability company is not treated as a corporation for purposes of federal | |
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1 | income taxation, it shall pay a fee in an amount equal to the minimum tax imposed upon a | |
2 | corporation under § 44-11-2(e). The due date for a limited liability company that is not treated as | |
3 | a corporation for purposes of federal income taxation shall be on or before the fifteenth (15th) day | |
4 | of the fourth (4th) month following the close of the fiscal year. | |
5 | (d) For tax years on or after January 1, 2016, a return in the form and containing the | |
6 | information as the tax administrator may prescribe shall be filed with the tax administrator by the | |
7 | limited liability company and shall be filed on or before the date a federal tax return is due to be | |
8 | filed, without regard to extension. | |
9 | (c)(e) The annual charge is delinquent if not paid by the due date for the filing of the | |
10 | return and an addition of one hundred dollars ($100.00) to the charge is then due. | |
11 | SECTION 7. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled | |
12 | “Licensing of Health Care Facilities” is hereby amended to read as follows: | |
13 | 23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at | |
14 | the rate of five and seven hundred forty five thousandths percent (5.745%) upon the net patient | |
15 | services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, | |
16 | 2013, except that the license fee for all hospitals located in Washington County, Rhode Island | |
17 | shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals | |
18 | is subject to approval by the Secretary of the US Department of Health and Human Services of a | |
19 | state plan amendment submitted by the executive office of health and human services for the | |
20 | purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This | |
21 | licensing fee shall be administered and collected by the tax administrator, division of taxation | |
22 | within the department of revenue, and all the administration, collection and other provisions of | |
23 | chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax | |
24 | administrator on or before July 13, 2015 and payments shall be made by electronic transfer of | |
25 | monies to the general treasurer and deposited to the general fund. Every hospital shall, on or | |
26 | before June 15, 2015, make a return to the tax administrator containing the correct computation of | |
27 | net patient services revenue for the hospital fiscal year ending September 30, 2013, and the | |
28 | licensing fee due upon that amount. All returns shall be signed by the hospital's authorized | |
29 | representative, subject to the pains and penalties of perjury. | |
30 | (b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred | |
31 | sixty-two thousandths percent (5.862%) upon the net patient services revenue of every hospital | |
32 | for the hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for | |
33 | all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven | |
34 | percent (37%). The discount for Washington County hospitals is subject to approval by the | |
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1 | Secretary of the US Department of Health and Human Services of a state plan amendment | |
2 | submitted by the executive office of health and human services for the purpose of pursuing a | |
3 | waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be | |
4 | administered and collected by the tax administrator, division of taxation within the department of | |
5 | revenue, and all the administration, collection and other provisions of chapter 51 of title 44 shall | |
6 | apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 11, | |
7 | 2016 and payments shall be made by electronic transfer of monies to the general treasurer and | |
8 | deposited to the general fund. Every hospital shall, on or before June 13, 2016, make a return to | |
9 | the tax administrator containing the correct computation of net patient services revenue for the | |
10 | hospital fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All | |
11 | returns shall be signed by the hospital's authorized representative, subject to the pains and | |
12 | penalties of perjury. | |
13 | (b) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty- | |
14 | two thousandths percent (5.652%) upon the net patient services revenue of every hospital for the | |
15 | hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all | |
16 | 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 | |
18 | the US Department of Health and Human Services of a state plan amendment submitted by the | |
19 | executive office of health and human services for the purpose of pursuing a waiver of the | |
20 | uniformity requirement for the hospital license fee. This licensing fee shall be administered and | |
21 | collected by the tax administrator, division of taxation within the department of revenue, and all | |
22 | the administration, collection and other provisions of chapter 51 of title 44 shall apply. Every | |
23 | hospital shall pay the licensing fee to the tax administrator on or before July 10, 2017 and | |
24 | payments shall be made by electronic transfer of monies to the general treasurer and deposited to | |
25 | the general fund. Every hospital shall, on or before June 14, 2017, make a return to the tax | |
26 | administrator containing the correct computation of net patient services revenue for the hospital | |
27 | fiscal year ending September 30, 2015, and the licensing fee due upon that amount. All returns | |
28 | shall be signed by the hospital's authorized representative, subject to the pains and penalties of | |
29 | perjury. | |
30 | (c) For purposes of this section the following words and phrases have the following | |
31 | meanings: | |
32 | (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island, | |
33 | licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on | |
34 | that license, regardless of changes in licensure status pursuant to § 23-17.14 (hospital | |
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1 | conversions) and §23-17-6 (b) (change in effective control), that provides short-term acute | |
2 | inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for | |
3 | injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated | |
4 | Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital | |
5 | through receivership, special mastership or other similar state insolvency proceedings (which | |
6 | court-approved purchaser is issued a hospital license after January 1, 2013) shall be based upon | |
7 | the newly negotiated rates between the court-approved purchaser and the health plan, and such | |
8 | rates shall be effective as of the date that the court-approved purchaser and the health plan | |
9 | execute the initial agreement containing the newly negotiated rate. The rate-setting methodology | |
10 | for inpatient hospital payments and outpatient hospital payments set for the §§ 40-8- | |
11 | 13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases | |
12 | for each annual twelve (12) month period as of July 1 following the completion of the first full | |
13 | year of the court-approved purchaser's initial Medicaid managed care contract. | |
14 | (2) "Gross patient services revenue" means the gross revenue related to patient care | |
15 | services. | |
16 | (3) "Net patient services revenue" means the charges related to patient care services less | |
17 | (i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances. | |
18 | (d) The tax administrator shall make and promulgate any rules, regulations, and | |
19 | procedures not inconsistent with state law and fiscal procedures that he or she deems necessary | |
20 | for the proper administration of this section and to carry out the provisions, policy, and purposes | |
21 | of this section. | |
22 | (e) The licensing fee imposed by this section shall apply to hospitals as defined herein | |
23 | that are duly licensed on July 1, 2015 2016, and shall be in addition to the inspection fee imposed | |
24 | by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1. | |
25 | SECTION 8. Section 31-36.1-18 of the General Laws in Chapter 31-36.1 entitled "Fuel | |
26 | Use Reporting Law" is hereby amended to read as follows: | |
27 | 31-36.1-18. Disposition of proceeds. -- All money collected under the provisions of this | |
28 | chapter shall be deposited as general revenues deposited in the intermodal surface transportation | |
29 | fund as established in §31-36-20 of the general laws. | |
30 | SECTION 9. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business | |
31 | Corporation Tax" is hereby amended to read as follows: | |
32 | 44-11-2. Imposition of tax. [Effective until January 1, 2017.] -- (a) Each corporation | |
33 | shall annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44- | |
34 | 11-11, qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11- | |
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1 | 15, for the taxable year. For tax years beginning on or after January 1, 2015, each corporation | |
2 | shall annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in § | |
3 | 44-11-13 - 44-11-15, for the taxable year. | |
4 | (b) A corporation shall pay the amount of any tax as computed in accordance with | |
5 | 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 | |
7 | for the taxable year: | |
8 | (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its | |
9 | own behalf and not as a broker, underwriter, or distributor; | |
10 | (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. | |
15 | (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: | |
24 | (1) Any interest not included in the federal gross income; minus | |
25 | (2) Interest on obligations of the United States or its possessions, and other interest | |
26 | exempt from taxation by this state; and minus | |
27 | (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during | |
28 | the taxable year. | |
29 | (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 | |
33 | January 1, 2015, a small business corporation having an election in effect under subchapter S, 26 | |
34 | U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e). | |
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1 | (2) The shareholders of the corporation who are residents of Rhode Island shall include | |
2 | in their income their proportionate share of the corporation's federal taxable income. | |
3 | (3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.] | |
4 | (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] | |
5 | (e) Minimum tax. - The tax imposed upon any corporation under this section, including a | |
6 | 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 ($450). | |
8 | 44-11-2. Imposition of tax. [Effective January 1, 2017.] -- (a) Each corporation shall | |
9 | annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-11-11, | |
10 | qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11-15, for | |
11 | the taxable year. For tax years beginning on or after January 1, 2015, each corporation shall | |
12 | annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in § 44-11- | |
13 | 13 - 44-11-15, for the taxable year. | |
14 | (b) A corporation shall pay the amount of any tax as computed in accordance with | |
15 | subsection (a) of this section after deducting from "net income," as used in this section, fifty | |
16 | percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if | |
17 | for the taxable year: | |
18 | (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its | |
19 | own behalf and not as a broker, underwriter, or distributor; | |
20 | (2) Its gross receipts derived from these activities during the taxable year amounted to at | |
21 | least ninety percent (90%) of its total gross receipts derived from all of its activities during the | |
22 | year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable | |
23 | consideration, received during the taxable year in connection with the conduct of the taxpayer's | |
24 | activities. | |
25 | (c) A corporation shall not pay the amount of the tax computed on the basis of its net | |
26 | income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten | |
27 | cents ($.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: | |
34 | (1) Any interest not included in the federal gross income; minus | |
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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 ($400) | |
18 | 44-11-2. Imposition of tax. -- (a) Each corporation shall annually pay to the state a tax | |
19 | equal to nine percent (9%) of net income, as defined in § 44-11-11, qualified in § 44-11-12, and | |
20 | apportioned to this state as provided in §§ 44-11-13 -- 44-11-15, for the taxable year. For tax | |
21 | years beginning on or after January 1, 2015, each corporation shall annually pay to the state a tax | |
22 | equal to seven percent (7.0%) of net income, as defined in § 44-11-13 - 44-11-15, for the taxable | |
23 | year. | |
24 | (b) A corporation shall pay the amount of any tax as computed in accordance with | |
25 | subsection (a) of this section after deducting from "net income," as used in this section, fifty | |
26 | percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if | |
27 | for the taxable year: | |
28 | (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its | |
29 | own behalf and not as a broker, underwriter, or distributor; | |
30 | (2) Its gross receipts derived from these activities during the taxable year amounted to at | |
31 | least ninety percent (90%) of its total gross receipts derived from all of its activities during the | |
32 | year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable | |
33 | consideration, received during the taxable year in connection with the conduct of the taxpayer's | |
34 | activities. | |
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| |
1 | (c) A corporation shall not pay the amount of the tax computed on the basis of its net | |
2 | income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten | |
3 | cents ($.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 | |
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| |
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. | |
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| |
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 | |
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| |
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 | |
|
| |
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 | |
|
| |
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: | |
|
| |
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: | |
|
| |
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: | |
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| |
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. | |
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| |
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) | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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: | |
|
| |
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: | |
|
| |
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 | |
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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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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 | |
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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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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. | |
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