2016 -- H 7714

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LC004939

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

     RELATING TO TAXATION -- SALES AND USE TAXES -- LIABILITY AND

COMPUTATION

     

     Introduced By: Representatives Ajello, Carson, Hearn, Ruggiero, and Tanzi

     Date Introduced: February 24, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and

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

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     44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from

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the taxes imposed by this chapter the following gross receipts:

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      (1) Sales and uses beyond constitutional power of state. - From the sale and from the

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storage, use, or other consumption in this state of tangible personal property the gross receipts

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from the sale of which, or the storage, use, or other consumption of which, this state is prohibited

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from taxing under the Constitution of the United States or under the constitution of this state.

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      (2) Newspapers.

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      (i) From the sale and from the storage, use, or other consumption in this state of any

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newspaper.

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      (ii) "Newspaper" means an unbound publication printed on newsprint that contains news,

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editorial comment, opinions, features, advertising matter, and other matters of public interest.

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      (iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or

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similar item unless the item is printed for, and distributed as, a part of a newspaper.

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      (3) School meals. - From the sale and from the storage, use, or other consumption in this

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state of meals served by public, private, or parochial schools, school districts, colleges,

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universities, student organizations, and parent-teacher associations to the students or teachers of a

 

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school, college, or university whether the meals are served by the educational institutions or by a

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food service or management entity under contract to the educational institutions.

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      (4) Containers.

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      (i) From the sale and from the storage, use, or other consumption in this state of:

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      (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that

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are biodegradable and all bags and wrapping materials utilized in the medical and healing arts,

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when sold without the contents to persons who place the contents in the container and sell the

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contents with the container.

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      (B) Containers when sold with the contents if the sale price of the contents is not

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required to be included in the measure of the taxes imposed by this chapter.

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      (C) Returnable containers when sold with the contents in connection with a retail sale of

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the contents or when resold for refilling.

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      (ii) As used in this subdivision, the term "returnable containers" means containers of a

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kind customarily returned by the buyer of the contents for reuse. All other containers are "non-

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returnable containers."

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      (5) (i) Charitable, educational, and religious organizations. - From the sale to, as in

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defined in this section, and from the storage, use, and other consumption in this state, or any other

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state of the United States of America, of tangible personal property by hospitals not operated for a

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profit; "educational institutions" as defined in subdivision (18) not operated for a profit; churches,

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orphanages, and other institutions or organizations operated exclusively for religious or charitable

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purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting

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leagues and associations and bands for boys and girls under the age of nineteen (19) years; the

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following vocational student organizations that are state chapters of national vocational students

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organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of

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America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future

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Homemakers of America/Home Economics Related Occupations (FHA/HERD); Vocational

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Industrial Clubs of America (VICA); organized nonprofit golden age and senior citizens clubs for

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men and women; and parent-teacher associations; and from the sale, storage, use, and other

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consumption in this state, of and by the Industrial Foundation of Burrillville, a Rhode Island

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domestic nonprofit corporation.

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      (ii) In the case of contracts entered into with the federal government, its agencies, or

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instrumentalities, this state, or any other state of the United States of America, its agencies, any

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city, town, district, or other political subdivision of the states; hospitals not operated for profit;

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educational institutions not operated for profit; churches, orphanages, and other institutions or

 

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organizations operated exclusively for religious or charitable purposes, the contractor may

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purchase such materials and supplies (materials and/or supplies are defined as those that are

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essential to the project) that are to be utilized in the construction of the projects being performed

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under the contracts without payment of the tax.

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      (iii) The contractor shall not charge any sales or use tax to any exempt agency,

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institution, or organization but shall in that instance provide his or her suppliers with certificates

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in the form as determined by the division of taxation showing the reason for exemption and the

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contractor's records must substantiate the claim for exemption by showing the disposition of all

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property so purchased. If any property is then used for a nonexempt purpose, the contractor must

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pay the tax on the property used.

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      (6) Gasoline. - From the sale and from the storage, use, or other consumption in this state

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of: (i) gasoline and other products taxed under chapter 36 of title 31 and (ii) fuels used for the

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propulsion of airplanes.

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      (7) Purchase for manufacturing purposes.

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      (i) From the sale and from the storage, use, or other consumption in this state of

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computer software, tangible personal property, electricity, natural gas, artificial gas, steam,

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refrigeration, and water, when the property or service is purchased for the purpose of being

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manufactured into a finished product for resale and becomes an ingredient, component, or

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integral part of the manufactured, compounded, processed, assembled, or prepared product, or if

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the property or service is consumed in the process of manufacturing for resale computer software,

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tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.

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      (ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the

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property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.

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      (iii) "Consumed" includes mere obsolescence.

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      (iv) "Manufacturing" means and includes manufacturing, compounding, processing,

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assembling, preparing, or producing.

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      (v) "Process of manufacturing" means and includes all production operations performed

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in the producing or processing room, shop, or plant, insofar as the operations are a part of and

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connected with the manufacturing for resale of tangible personal property, electricity, natural gas,

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artificial gas, steam, refrigeration, or water and all production operations performed insofar as the

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operations are a part of and connected with the manufacturing for resale of computer software.

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      (vi) "Process of manufacturing" does not mean or include administration operations such

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as general office operations, accounting, collection or sales promotion, nor does it mean or

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include distribution operations that occur subsequent to production operations, such as handling,

 

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storing, selling, and transporting the manufactured products, even though the administration and

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distribution operations are performed by, or in connection with, a manufacturing business.

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      (8) State and political subdivisions. - From the sale to, and from the storage, use, or other

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consumption by, this state, any city, town, district, or other political subdivision of this state.

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Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a

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subdivision of the municipality where it is located.

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      (9) Food and food ingredients. - From the sale and storage, use, or other consumption in

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this state of food and food ingredients as defined in § 44-18-7.1(l).

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      For the purposes of this exemption "food and food ingredients" shall not include candy,

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soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending

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machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is:

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      (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,

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except sub-sector 3118 (bakeries);

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      (ii) Sold in an unheated state by weight or volume as a single item;

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      (iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries,

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donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and

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      is not sold with utensils provided by the seller, including plates, knives, forks, spoons,

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glasses, cups, napkins, or straws.

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      (10) Medicines, drugs, and durable medical equipment. - From the sale and from the

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storage, use, or other consumption in this state, of;

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      (i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and

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insulin whether or not sold on prescription. For purposes of this exemption drugs shall not

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include over-the-counter drugs and grooming and hygiene products as defined in § 44-18-

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7.1(h)(iii).

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      (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only,

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including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds,

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convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and

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ambulatory drug delivery pumps that are sold on prescription to individuals to be used by them to

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dispense or administer prescription drugs, and related ancillary dressings and supplies used to

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dispense or administer prescription drugs, shall also be exempt from tax.

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     (iii) Disposable medical supplies for home care of a chronic condition, including, but not

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limited to: blood test strips, single use syringes, and inhalers.

33

      (11) Prosthetic devices and mobility enhancing equipment. - From the sale and from the

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storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),

 

LC004939 - Page 4 of 18

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sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles,

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eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on

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prescription; and mobility enhancing equipment as defined in § 44-18-7.1(p), including

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wheelchairs, crutches and canes.

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      (12) Coffins, caskets, and burial garments. - From the sale and from the storage, use, or

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other consumption in this state of coffins or caskets, and shrouds or other burial garments that are

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ordinarily sold by a funeral director as part of the business of funeral directing.

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      (13) Motor vehicles sold to nonresidents.

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      (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide

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nonresident of this state who does not register the motor vehicle in this state, whether the sale or

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delivery of the motor vehicle is made in this state or at the place of residence of the nonresident.

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A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like

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exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event,

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the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that

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would be imposed in his or her state of residence not to exceed the rate that would have been

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imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle

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dealer shall add and collect the tax required under this subdivision and remit the tax to the tax

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administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island

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licensed, motor vehicle dealer is required to add and collect the sales and use tax on the sale of a

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motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the

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tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of

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motor vehicles.

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      (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28,

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may require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents

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as the tax administrator deems reasonably necessary to substantiate the exemption provided in

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this subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of

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the motor vehicle was the holder of, and had in his or her possession a valid out of state motor

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vehicle registration or a valid out of state driver's license.

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      (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days

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of the date of its sale to him or her is deemed to have purchased the motor vehicle for use,

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storage, or other consumption in this state, and is subject to, and liable for, the use tax imposed

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under the provisions of § 44-18-20.

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      (14) Sales in public buildings by blind people. - From the sale and from the storage, use,

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or other consumption in all public buildings in this state of all products or wares by any person

 

LC004939 - Page 5 of 18

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licensed under § 40-9-11.1.

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      (15) Air and water pollution control facilities. - From the sale, storage, use, or other

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consumption in this state of tangible personal property or supplies acquired for incorporation into

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or used and consumed in the operation of a facility, the primary purpose of which is to aid in the

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control of the pollution or contamination of the waters or air of the state, as defined in chapter 12

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of title 46 and chapter 25 of title 23, respectively, and that has been certified as approved for that

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purpose by the director of environmental management. The director of environmental

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management may certify to a portion of the tangible personal property or supplies acquired for

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incorporation into those facilities or used and consumed in the operation of those facilities to the

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extent that that portion has as its primary purpose the control of the pollution or contamination of

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the waters or air of this state. As used in this subdivision, "facility" means any land, facility,

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device, building, machinery, or equipment.

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      (16) Camps. - From the rental charged for living quarters, or sleeping, or housekeeping

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accommodations at camps or retreat houses operated by religious, charitable, educational, or

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other organizations and associations mentioned in subdivision (5), or by privately owned and

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operated summer camps for children.

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      (17) Certain institutions. - From the rental charged for living or sleeping quarters in an

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institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.

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      (18) Educational institutions. - From the rental charged by any educational institution for

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living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations

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to any student or teacher necessitated by attendance at an educational institution. "Educational

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institution" as used in this section means an institution of learning not operated for profit that is

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empowered to confer diplomas, educational, literary, or academic degrees; that has a regular

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faculty, curriculum, and organized body of pupils or students in attendance throughout the usual

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school year; that keeps and furnishes to students and others records required and accepted for

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entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of

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which inures to the benefit of any individual.

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      (19) Motor vehicle and adaptive equipment for persons with disabilities.

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      (i) From the sale of: (A) Special adaptations; (B) The component parts of the special

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adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the

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tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor

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vehicle is necessary to transport a family member with a disability or where the vehicle has been

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specially adapted to meet the specific needs of the person with a disability. This exemption

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applies to not more than one motor vehicle owned and registered for personal, noncommercial

 

LC004939 - Page 6 of 18

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use.

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      (ii) For the purpose of this subsection the term "special adaptations" includes, but is not

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limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand

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controls, steering devices, extensions, relocations, and crossovers of operator controls, power-

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assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices

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to auditory signals.

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      (iii) From the sale of: (a) special adaptations, (b) the component parts of the special

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adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1, and/or a "wheelchair

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accessible public motor vehicle" as defined in § 39-14.1-1.

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      (iv) For the purpose of this subdivision the exemption for a "specially adapted motor

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vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due

12

on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the

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special adaptations, including installation.

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      (20) Heating fuels. - From the sale and from the storage, use, or other consumption in

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this state of every type of heating fuel.

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      (21) Electricity and gas. - From the sale and from the storage, use, or other consumption

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in this state of electricity and gas.

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      (22) Manufacturing machinery and equipment.

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      (i) From the sale and from the storage, use, or other consumption in this state of tools,

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dies, molds, machinery, equipment (including replacement parts), and related items to the extent

21

used in an industrial plant in connection with the actual manufacture, conversion, or processing of

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tangible personal property, or to the extent used in connection with the actual manufacture,

23

conversion, or processing of computer software as that term is utilized in industry numbers 7371,

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7372, and 7373 in the standard industrial classification manual prepared by the Technical

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Committee on Industrial Classification, Office of Statistical Standards, Executive Office of the

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President, United States Bureau of the Budget, as revised from time to time, to be sold, or that

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machinery and equipment used in the furnishing of power to an industrial manufacturing plant.

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For the purposes of this subdivision, "industrial plant" means a factory at a fixed location

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primarily engaged in the manufacture, conversion, or processing of tangible personal property to

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be sold in the regular course of business;

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      (ii) Machinery and equipment and related items are not deemed to be used in connection

32

with the actual manufacture, conversion, or processing of tangible personal property, or in

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connection with the actual manufacture, conversion, or processing of computer software as that

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term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification

 

LC004939 - Page 7 of 18

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manual prepared by the Technical Committee on Industrial Classification, Office of Statistical

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Standards, Executive Office of the President, United States Bureau of the Budget, as revised from

3

time to time, to be sold to the extent the property is used in administration or distribution

4

operations;

5

      (iii) Machinery and equipment and related items used in connection with the actual

6

manufacture, conversion, or processing of any computer software or any tangible personal

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property that is not to be sold and that would be exempt under subdivision (7) or this subdivision

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if purchased from a vendor or machinery and equipment and related items used during any

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manufacturing, converting, or processing function is exempt under this subdivision even if that

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operation, function, or purpose is not an integral or essential part of a continuous production flow

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or manufacturing process;

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      (iv) Where a portion of a group of portable or mobile machinery is used in connection

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with the actual manufacture, conversion, or processing of computer software or tangible personal

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property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under

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this subdivision even though the machinery in that group is used interchangeably and not

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otherwise identifiable as to use.

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      (23) Trade-in value of motor vehicles. - From the sale and from the storage, use, or other

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consumption in this state of so much of the purchase price paid for a new or used automobile as is

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allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of

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the proceeds applicable only to the automobile as are received from the manufacturer of

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automobiles for the repurchase of the automobile whether the repurchase was voluntary or not

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towards the purchase of a new or used automobile by the buyer. For the purpose of this

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subdivision, the word "automobile" means a private passenger automobile not used for hire and

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does not refer to any other type of motor vehicle.

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      (24) Precious metal bullion.

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      (i) From the sale and from the storage, use, or other consumption in this state of precious

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metal bullion, substantially equivalent to a transaction in securities or commodities.

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      (ii) For purposes of this subdivision, "precious metal bullion" means any elementary

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precious metal that has been put through a process of smelting or refining, including, but not

30

limited to, gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that

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its value depends upon its content and not upon its form.

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      (iii) The term does not include fabricated precious metal that has been processed or

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manufactured for some one or more specific and customary industrial, professional, or artistic

34

uses.

 

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      (25) Commercial vessels. - From sales made to a commercial ship, barge, or other vessel

2

of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from

3

the repair, alteration, or conversion of the vessels, and from the sale of property purchased for the

4

use of the vessels including provisions, supplies, and material for the maintenance and/or repair

5

of the vessels.

6

      (26) Commercial fishing vessels. - From the sale and from the storage, use, or other

7

consumption in this state of vessels and other water craft that are in excess of five (5) net tons and

8

that are used exclusively for "commercial fishing", as defined in this subdivision, and from the

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repair, alteration, or conversion of those vessels and other watercraft, and from the sale of

10

property purchased for the use of those vessels and other watercraft including provisions,

11

supplies, and material for the maintenance and/or repair of the vessels and other watercraft and

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the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection

13

with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means

14

taking or attempting to take any fish, shellfish, crustacea, or bait species with the intent of

15

disposing of it for profit or by sale, barter, trade, or in commercial channels. The term does not

16

include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport

17

fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat

18

license issued by the department of environmental management pursuant to § 20-2-27.1 that meet

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the following criteria: (i) The operator must have a current U.S.C.G. license to carry passengers

20

for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) U.S.C.G. vessel

21

documentation as to proof of Rhode Island home port status or a Rhode Island boat registration to

22

prove Rhode Island home port status; and (iv) The vessel must be used as a commercial passenger

23

carrying fishing vessel to carry passengers for fishing. The vessel must be able to demonstrate

24

that at least fifty percent (50%) of its annual gross income derives from charters or provides

25

documentation of a minimum of one hundred (100) charter trips annually; and (v) The vessel

26

must have a valid Rhode Island party and charter boat license. The tax administrator shall

27

implement the provisions of this subdivision by promulgating rules and regulations relating

28

thereto.

29

      (27) Clothing and footwear. - From the sales of articles of clothing, including footwear,

30

intended to be worn or carried on or about the human body for sales prior to October 1, 2012.

31

Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including

32

footwear, intended to be worn or carried on or about the human body up to two hundred and fifty

33

dollars ($250) two hundred forty dollars ($240) of the sales price per item. For the purposes of

34

this section, "clothing or footwear" does not include clothing accessories or equipment or special

 

LC004939 - Page 9 of 18

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clothing or footwear primarily designed for athletic activity or protective use as these terms are

2

defined in section 44-18-7.1(f). In recognition of the work being performed by the streamlined

3

sales and use tax governing board, upon passage of any federal law that authorizes states to

4

require remote sellers to collect and remit sales and use taxes, this unlimited exemption will apply

5

as it did prior to October 1, 2012. The unlimited exemption on sales of clothing and footwear

6

shall take effect on the date that the state requires remote sellers to collect and remit sales and use

7

taxes.

8

      (28) Water for residential use. - From the sale and from the storage, use, or other

9

consumption in this state of water furnished for domestic use by occupants of residential

10

premises.

11

      (29) Bibles. - [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see

12

Notes to Decisions.]From the sale and from the storage, use, or other consumption in the state of

13

any canonized scriptures of any tax-exempt nonprofit religious organization including, but not

14

limited to, the Old Testament and the New Testament versions.

15

      (30) Boats.

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      (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not

17

register the boat or vessel in this state or document the boat or vessel with the United States

18

government at a home port within the state, whether the sale or delivery of the boat or vessel is

19

made in this state or elsewhere; provided, that the nonresident transports the boat within thirty

20

(30) days after delivery by the seller outside the state for use thereafter solely outside the state.

21

      (ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28,

22

may require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents

23

as the tax administrator deems reasonably necessary to substantiate the exemption provided in

24

this subdivision, including the affidavit of the seller that the buyer represented himself or herself

25

to be a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this

26

state.

27

      (31) Youth activities equipment. - From the sale, storage, use, or other consumption in

28

this state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island

29

eleemosynary organizations, for the purposes of youth activities that the organization is formed to

30

sponsor and support; and by accredited elementary and secondary schools for the purposes of the

31

schools or of organized activities of the enrolled students.

32

      (32) Farm equipment. - From the sale and from the storage or use of machinery and

33

equipment used directly for commercial farming and agricultural production; including, but not

34

limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,

 

LC004939 - Page 10 of 18

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balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,

2

greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and

3

other farming equipment, including replacement parts appurtenant to or used in connection with

4

commercial farming and tools and supplies used in the repair and maintenance of farming

5

equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or

6

the production within this state of agricultural products, including, but not limited to, field or

7

orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or

8

production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to

9

the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued

10

prior to July 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2)

11

levels. Level I shall be based on proof of annual, gross sales from commercial farming of at least

12

twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption

13

provided in this subdivision except for motor vehicles with an excise tax value of five thousand

14

dollars ($5,000) or greater. Level II shall be based on proof of annual gross sales from

15

commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for

16

purchases subject to the exemption provided in this subdivision including motor vehicles with an

17

excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the

18

exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be

19

required for the prior year; for any renewal of an exemption granted in accordance with this

20

subdivision at either level I or level II, proof of gross annual sales from commercial farming at

21

the requisite amount shall be required for each of the prior two (2) years. Certificates of

22

exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption

23

and be valid for four (4) years after the date of issue. This exemption applies even if the same

24

equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-

25

agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the

26

vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying

27

farm plates as provided for in § 31-3-31.

28

      (33) Compressed air. - From the sale and from the storage, use, or other consumption in

29

the state of compressed air.

30

      (34) Flags. - From the sale and from the storage, consumption, or other use in this state

31

of United States, Rhode Island or POW-MIA flags.

32

      (35) Motor vehicle and adaptive equipment to certain veterans. - From the sale of a

33

motor vehicle and adaptive equipment to and for the use of a veteran with a service-connected

34

loss of or the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee,

 

LC004939 - Page 11 of 18

1

whether service connected or not. The motor vehicle must be purchased by and especially

2

equipped for use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is

3

granted under rules or regulations that the tax administrator may prescribe.

4

      (36) Textbooks. - From the sale and from the storage, use, or other consumption in this

5

state of textbooks by an "educational institution", as defined in subdivision (18) of this section,

6

and any educational institution within the purview of § 16-63-9(4), and used textbooks by any

7

purveyor.

8

      (37) Tangible personal property and supplies used in on-site hazardous waste recycling,

9

reuse, or treatment. - From the sale, storage, use, or other consumption in this state of tangible

10

personal property or supplies used or consumed in the operation of equipment, the exclusive

11

function of which is the recycling, reuse, or recovery of materials (other than precious metals, as

12

defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as

13

defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the

14

same taxpayer and where the personal property is located at, in, or adjacent to a generating

15

facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of

16

the department of environmental management certifying that the equipment and/or supplies as

17

used or consumed, qualify for the exemption under this subdivision. If any information relating to

18

secret processes or methods of manufacture, production, or treatment is disclosed to the

19

department of environmental management only to procure an order, and is a "trade secret" as

20

defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless

21

disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.

22

      (38) Promotional and product literature of boat manufacturers. - From the sale and from

23

the storage, use, or other consumption of promotional and product literature of boat

24

manufacturers shipped to points outside of Rhode Island that either: (i) Accompany the product

25

that is sold; (ii) Are shipped in bulk to out-of-state dealers for use in the sale of the product; or

26

(iii) Are mailed to customers at no charge.

27

      (39) Food items paid for by food stamps. - From the sale and from the storage, use, or

28

other consumption in this state of eligible food items payment for which is properly made to the

29

retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp

30

Act of 1977, 7 U.S.C. § 2011 et seq.

31

      (40) Transportation charges. - From the sale or hiring of motor carriers as defined in §

32

39-12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed

33

with the Rhode Island public utilities commission on the number of miles driven or by the

34

number of hours spent on the job.

 

LC004939 - Page 12 of 18

1

      (41) Trade-in value of boats. - From the sale and from the storage, use, or other

2

consumption in this state of so much of the purchase price paid for a new or used boat as is

3

allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the

4

proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen

5

or damaged boat, towards the purchase of a new or used boat by the buyer.

6

      (42) Equipment used for research and development. - From the sale and from the

7

storage, use, or other consumption of equipment to the extent used for research and development

8

purposes by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a

9

business for which the use of research and development equipment is an integral part of its

10

operation and "equipment" means scientific equipment, computers, software, and related items.

11

      (43) Coins. - From the sale and from the other consumption in this state of coins having

12

numismatic or investment value.

13

      (44) Farm structure construction materials. - Lumber, hardware, and other materials used

14

in the new construction of farm structures, including production facilities such as, but not limited

15

to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying

16

houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing

17

rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and

18

trench silos, feed storage sheds, and any other structures used in connection with commercial

19

farming.

20

      (45) Telecommunications carrier access service. - Carrier access service or

21

telecommunications service when purchased by a telecommunications company from another

22

telecommunications company to facilitate the provision of telecommunications service.

23

      (46) Boats or vessels brought into the state exclusively for winter storage, maintenance,

24

repair or sale. - Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax

25

imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in

26

any year up to and including the 30th day of April next succeeding with respect to the use of any

27

boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility

28

in this state for storage, including dry storage and storage in water by means of apparatus

29

preventing ice damage to the hull, maintenance, or repair; (ii) The actual process of storage,

30

maintenance, or repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or

31

vessel.

32

      (47) Jewelry display product. - From the sale and from the storage, use, or other

33

consumption in this state of tangible personal property used to display any jewelry product;

34

provided that title to the jewelry display product is transferred by the jewelry manufacturer or

 

LC004939 - Page 13 of 18

1

seller and that the jewelry display product is shipped out of state for use solely outside the state

2

and is not returned to the jewelry manufacturer or seller.

3

      (48) Boats or vessels generally. - Notwithstanding the provisions of this chapter, the tax

4

imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,

5

use, or other consumption in this state of any new or used boat. The exemption provided for in

6

this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal

7

ten percent (10%) surcharge on luxury boats is repealed.

8

      (49) Banks and regulated investment companies interstate toll-free calls. -

9

Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to

10

the furnishing of interstate and international, toll-free terminating telecommunication service that

11

is used directly and exclusively by or for the benefit of an eligible company as defined in this

12

subdivision; provided that an eligible company employs on average during the calendar year no

13

less than five hundred (500) "full-time equivalent employees" as that term is defined in § 42-64.5-

14

2. For purposes of this section, an "eligible company" means a "regulated investment company"

15

as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a

16

corporation to the extent the service is provided, directly or indirectly, to or on behalf of a

17

regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a

18

state-chartered bank.

19

      (50) Mobile and manufactured homes generally. - From the sale and from the storage,

20

use, or other consumption in this state of mobile and/or manufactured homes as defined and

21

subject to taxation pursuant to the provisions of chapter 44 of title 31.

22

      (51) Manufacturing business reconstruction materials.

23

      (i) From the sale and from the storage, use, or other consumption in this state of lumber,

24

hardware, and other building materials used in the reconstruction of a manufacturing business

25

facility that suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any

26

occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of

27

an operating manufacturing business facility within this state. "Disaster" does not include any

28

damage resulting from the willful act of the owner of the manufacturing business facility.

29

      (ii) Manufacturing business facility includes, but is not limited to, the structures housing

30

the production and administrative facilities.

31

      (iii) In the event a manufacturer has more than one manufacturing site in this state, the

32

sixty percent (60%) provision applies to the damages suffered at that one site.

33

      (iv) To the extent that the costs of the reconstruction materials are reimbursed by

34

insurance, this exemption does not apply.

 

LC004939 - Page 14 of 18

1

      (52) Tangible personal property and supplies used in the processing or preparation of

2

floral products and floral arrangements. - From the sale, storage, use, or other consumption in this

3

state of tangible personal property or supplies purchased by florists, garden centers, or other like

4

producers or vendors of flowers, plants, floral products, and natural and artificial floral

5

arrangements that are ultimately sold with flowers, plants, floral products, and natural and

6

artificial floral arrangements or are otherwise used in the decoration, fabrication, creation,

7

processing, or preparation of flowers, plants, floral products, or natural and artificial floral

8

arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral

9

product, or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine,

10

flower food, insecticide and fertilizers.

11

      (53) Horse food products. - From the sale and from the storage, use, or other

12

consumption in this state of horse food products purchased by a person engaged in the business of

13

the boarding of horses.

14

      (54) Non-motorized recreational vehicles sold to nonresidents.

15

      (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to

16

a bona fide nonresident of this state who does not register the non-motorized recreational vehicle

17

in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this

18

state or at the place of residence of the nonresident; provided that a non-motorized recreational

19

vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption

20

to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in

21

that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the

22

rate that would be imposed in his or her state of residence not to exceed the rate that would have

23

been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-

24

motorized recreational vehicle dealer shall add and collect the tax required under this subdivision

25

and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title.

26

Provided, that when a Rhode Island licensed, non-motorized recreational vehicle dealer is

27

required to add and collect the sales and use tax on the sale of a non-motorized recreational

28

vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax

29

takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor

30

vehicles.

31

      (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28,

32

may require any licensed, non-motorized recreational vehicle dealer to keep records of sales to

33

bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the

34

exemption provided in this subdivision, including the affidavit of a licensed, non-motorized

 

LC004939 - Page 15 of 18

1

recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the

2

holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle

3

registration or a valid out-of-state driver's license.

4

      (iii) Any nonresident who registers a non-motorized recreational vehicle in this state

5

within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-

6

motorized recreational vehicle for use, storage, or other consumption in this state, and is subject

7

to, and liable for, the use tax imposed under the provisions of § 44-18-20.

8

      (iv) "Non-motorized recreational vehicle" means any portable dwelling designed and

9

constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use

10

that is eligible to be registered for highway use, including, but not limited to, "pick-up coaches"

11

or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1

12

of title 31.

13

      (55) Sprinkler and fire alarm systems in existing buildings. - From the sale in this state of

14

sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials

15

necessary and attendant to the installation of those systems that are required in buildings and

16

occupancies existing therein in July 2003 in order to comply with any additional requirements for

17

such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003

18

and that are not required by any other provision of law or ordinance or regulation adopted

19

pursuant to that Act. The exemption provided in this subdivision shall expire on December 31,

20

2008.

21

      (56) Aircraft. - Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-

22

18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other

23

consumption in this state of any new or used aircraft or aircraft parts.

24

      (57) Renewable energy products. - Notwithstanding any other provisions of Rhode

25

Island general laws, the following products shall also be exempt from sales tax: solar photovoltaic

26

modules or panels, or any module or panel that generates electricity from light; solar thermal

27

collectors, including, but not limited to, those manufactured with flat glass plates, extruded

28

plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-

29

water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if

30

specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with

31

utility power lines; and manufactured mounting racks and ballast pans for solar collector, module,

32

or panel installation. Not to include materials that could be fabricated into such racks; monitoring

33

and control equipment, if specified or supplied by a manufacturer of solar thermal, solar

34

photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such

 

LC004939 - Page 16 of 18

1

systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the

2

manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage

3

tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank

4

comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is

5

not exempt from state sales tax.

6

      (58) Returned property. - The amount charged for property returned by customers upon

7

rescission of the contract of sale when the entire amount exclusive of handling charges paid for

8

the property is refunded in either cash or credit, and where the property is returned within one

9

hundred twenty (120) days from the date of delivery.

10

      (59) Dietary Supplements. - From the sale and from the storage, use, or other

11

consumption of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.

12

      (60) Blood. - From the sale and from the storage, use, or other consumption of human

13

blood.

14

      (61) Agricultural products for human consumption. - From the sale and from the storage,

15

use, or other consumption of livestock and poultry of the kinds of products that ordinarily

16

constitute food for human consumption and of livestock of the kind the products of which

17

ordinarily constitutes fibers for human use.

18

      (62) Diesel emission control technology. - From the sale and use of diesel retrofit

19

technology that is required by § 31-47.3-4.

20

      (63) Feed for certain animals used in commercial farming. - From the sale of feed for

21

animals as described in § 44-18-30(61).

22

      (64) Alcoholic beverages. - From the sale and storage, use, or other consumption in this

23

state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and

24

malt beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to

25

the contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum

26

markup.

27

     (65) Feminine hygiene products. From the sale and from the storage, use, or other

28

consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar

29

products the principal use of which is feminine hygiene in connection with the menstrual cycle.

30

     SECTION 2. This act shall take effect upon passage.

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LC004939

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LC004939 - Page 17 of 18

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO TAXATION -- SALES AND USE TAXES -- LIABILITY AND

COMPUTATION

***

1

     This act would exempt from the sales tax products used for feminine hygiene in

2

connection with the menstrual cycle, and disposable medical home care products used in

3

managing chronic conditions, such as: blood test strips, single use syringes, and inhalers. This act

4

would also offset the resulting loss of revenue by reducing the clothing exemption from $250 to

5

$240.

6

     This act would take effect upon passage.

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LC004939

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LC004939 - Page 18 of 18