2018 -- S 2661

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LC004825

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES

     Introduced By: Senators Morgan, DiPalma, Raptakis, Gee, and Lombardi

     Date Introduced: March 20, 2018

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 44-22-1 and 44-22-1.1 of the General Laws in Chapter 44-22

entitled "Estate and Transfer Taxes - Liability and Computation" are hereby repealed.

     44-22-1. Tax on net estate of decedents -- Additional tax on postponed enjoyment --

Deductions -- Marital deduction.

     (a) A tax is imposed upon the transfer of the net estate of every resident or nonresident

decedent as a tax upon the right to transfer. The tax is imposed at the rate of two percent (2%)

upon all amounts not in excess of twenty-five thousand dollars ($25,000); at the rate of three

percent (3%) upon all amounts in excess of twenty-five thousand dollars ($25,000) and not

exceeding fifty thousand dollars ($50,000); at the rate of four percent (4%) upon all amounts in

excess of fifty thousand dollars ($50,000) and not exceeding one hundred thousand dollars

($100,000); at the rate of five percent (5%) upon all amounts in excess of one hundred thousand

dollars ($100,000) and not exceeding two hundred fifty thousand dollars ($250,000); at the rate of

six percent (6%) upon all amounts in excess of two hundred fifty thousand dollars ($250,000) and

not exceeding five hundred thousand dollars ($500,000); at the rate of seven percent (7%) upon

all amounts in excess of five hundred thousand dollars ($500,000) and not exceeding seven

hundred fifty thousand dollars ($750,000); at the rate of eight percent (8%) upon all amounts in

excess of seven hundred fifty thousand dollars ($750,000) and not exceeding one million dollars

($1,000,000); at the rate of nine percent (9%) upon all amounts in excess of one million dollars

($1,000,000). An additional tax is imposed at the rate of two percent (2%) upon all or any part of

each estate devised, bequeathed, or conveyed in such manner that it becomes necessary to

postpone the assessment of taxes imposed by this chapter until the person entitled to the estate

comes into beneficial enjoyment or possession of the estate; and provided, further, that an

additional tax is not assessed and collected, as provided in §§ 44-23-9 -- 44-23-12, in case a

settlement of taxes is effected under the provisions of § 44-23-25.

     (b) In computing the value of the net estate in subsection (a) of this section, there is

deducted from the estate and exempted from the tax twenty-five thousand dollars ($25,000).

     (c) In computing the value of the net estate in subsection (a) of this section, there is

deducted from the estate and exempted from the tax all property or interests transferred to any

corporation, association, or institution located in Rhode Island which is exempt from taxation by

charter or under the laws of this state; or to any corporation, association, or institution located

outside of this state, which if located within this state, would be exempt from taxation; provided,

that the state of domicile of the corporation, association, or institution allows a reciprocal

exemption to any similar Rhode Island corporation, association, or institution; or to any person in

trust for the same or for use by the same for charitable purposes; or to any city or town in this

state for public purposes.

     (d) In computing the value of the net estate in subsection (a) of this section, there is

deducted from the estate and exempted from the tax United States civil and federal military

service annuity payments.

     (e) In computing the value of the net estate in subsection (a) of this section, there is

deducted from the estate and exempted from the estate tax a marital deduction, as defined in 26

U.S.C. § 2056, in the amount of one hundred seventy-five thousand dollars ($175,000), from

property or beneficial interests which pass or have passed from the decedent to the surviving

spouse, but only to the extent that the interests are included in determining the value of the gross

estate.

     (f) (1) In computing the value of the net estate in subsection (a) of this section, there is

deducted from the estate and exempted from the estate tax, an orphan's deduction, provided, that:

(i) the decedent does not have a surviving spouse, and (ii) the decedent is survived by a minor

child who, immediately after the death of the decedent, has no known parent, an amount equal to

the value of any interest in property which passes or has passed from the decedent to the child,

but only to the extent that the interest is included in determining the value of the gross estate. The

aggregate amount of the deductions allowed under this section (computed without regard to this

subsection) with respect to interests in property passing to any minor child shall not exceed an

amount equal to five thousand dollars ($5,000) multiplied by the excess of twenty-one (21) over

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the age (in years) which the child has attained on the date of the decedent's death.

     (2) For purposes of this subsection, any term used in the subsection has the same meaning

as when used in a comparable context in 26 U.S.C. § 2057 unless a different meaning is clearly

required.

     (g) Notwithstanding any other provisions of this chapter, the total estate tax payment on

account of the estate of a decedent whose death occurs on or after January 1, 1986, is that

percentage of the estate tax which would be payable under this chapter determined in accordance

with the following schedule:

     (1) Death prior to January 1, 1987. Ninety percent (90%) in the case of decedents whose

deaths occur on or after January 1, 1986, and prior to January 1, 1987;

     (2) Death prior to January 1, 1988. Eighty percent (80%) in the case of decedents whose

deaths occur on or after January 1, 1987, and prior to January 1, 1988;

     (3) Death prior to January 1, 1989. Sixty percent (60%) in the case of decedents whose

deaths occur on or after January 1, 1988, and prior to January 1, 1989;

     (4) Death prior to January 1, 1990. Forty percent (40%) in the case of decedents whose

deaths occur on or after January 1, 1989, and prior to January 1, 1990;

     (5) Death prior to June 1, 1990. Twenty percent (20%) in the case of decedents whose

deaths occur on or after January 1, 1990, and prior to June 1, 1990;

     (6) Death prior to January 1, 1992. Forty percent (40%) in the case of decedents whose

deaths occur on or after June 1, 1990, and prior to January 1, 1992.

     (7) Death on or after January 1, 1992. The estate tax payable on or account of the estate

of a decedent whose death occurs on or after January 1, 1992, is determined in accordance with §

44-22-1.1.

     (h) The estate tax payable under this section shall in no event be less than the estate tax

due under § 44-22-1.1, computed without regard to the date of death.

     44-22-1.1. Tax on net estate of decedent.

     (a) (1) For decedents whose death occurs on or after January 1, 1992, but prior to January

1, 2002, a tax is imposed upon the transfer of the net estate of every resident or nonresident

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

state death taxes allowed by 26 U.S.C. § 2011.

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

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

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

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

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that the tax shall be imposed only if the net taxable estate shall exceed six hundred seventy-five

thousand dollars ($675,000). Any scheduled increase in the unified credit provided in 26 U.S.C. §

2010 in effect on January 1, 2001, or thereafter, shall not apply.

     (3) For decedents whose death occurs on or after January 1, 2010, and prior to January 1,

2015 a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent

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

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

that the tax shall be imposed only if the net taxable estate shall exceed eight hundred and fifty

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

thereafter until January 1, 2015, said amount shall be adjusted by the percentage of increase in the

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

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

adjustment shall be compounded annually and shall be rounded up to the nearest five dollar

($5.00) increment. Any scheduled increase in the unified credit provided in 26 U.S.C. § 2010 in

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

     (4) For decedents whose death occurs on or after January 1, 2015, a tax is imposed upon

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

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

Section 2011, as it was in effect as of January 1, 2001; provided, however, that a Rhode Island

credit shall be allowed against any tax so determined in the amount of sixty-four thousand four

hundred ($64,400). Any scheduled increase in the unified credit provided in 26 U.S.C. Section

2010 in effect on January 1, 2003, or thereafter, shall not apply; provided, further, beginning on

January 1, 2016 and each January 1 thereafter, said Rhode Island credit amount under this section

shall be adjusted by the percentage of increase in the Consumer Price Index for all Urban

Consumers (CPI-U) as published by the United States Department of Labor Statistics determined

as of September 30 of the prior calendar year; said adjustment shall be compounded annually and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C. § 1

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

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

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

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

Rhode Island; or

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

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES

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     This act would repeal the state estate tax.

     This act would take effect upon passage.

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