2020 -- S 2571 | |
======== | |
LC005014 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO TAXATION - ESTATE AND TRANSFER TAXES - LIABILITY AND | |
COMPUTATION | |
| |
Introduced By: Senators Ciccone, Lombardo, Lombardi, and Lawson | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled "Estate and |
2 | Transfer Taxes - Liability and Computation" is hereby amended to read as follows: |
3 | 44-22-1.1. Tax on net estate of decedent. Tax on net estate of decedent; portability of |
4 | credit. |
5 | (a)(1) For decedents whose death occurs on or after January 1, 1992, but prior to January |
6 | 1, 2002, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent |
7 | as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death |
8 | taxes allowed by 26 U.S.C. § 2011. |
9 | (2) For decedents whose death occurs on or after January 1, 2002, but prior to January 1, |
10 | 2010, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent |
11 | as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death |
12 | taxes allowed by 26 U.S.C. § 2011 as it was in effect as of January 1, 2001; provided, however, |
13 | that the tax shall be imposed only if the net taxable estate shall exceed six hundred seventy-five |
14 | thousand dollars ($675,000). Any scheduled increase in the unified credit provided in 26 U.S.C. § |
15 | 2010 in effect on January 1, 2001, or thereafter, shall not apply. |
16 | (3) For decedents whose death occurs on or after January 1, 2010, and prior to January 1, |
17 | 2015, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent |
18 | as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death |
| |
1 | taxes allowed by 26 U.S.C. § 2011 as it was in effect as of January 1, 2001; provided, however, |
2 | that the tax shall be imposed only if the net taxable estate shall exceed eight hundred and fifty |
3 | thousand dollars ($850,000); provided, further, beginning on January 1, 2011, and each January 1 |
4 | thereafter until January 1, 2015, said amount shall be adjusted by the percentage of increase in the |
5 | Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States |
6 | Department of Labor Statistics determined as of September 30 of the prior calendar year; said |
7 | adjustment shall be compounded annually and shall be rounded up to the nearest five dollar ($5.00) |
8 | increment. Any scheduled increase in the unified credit provided in 26 U.S.C. § 2010 in effect on |
9 | January 1, 2003, or thereafter, shall not apply. |
10 | (4) For decedents whose death occurs on or after January 1, 2015, a tax is imposed upon |
11 | the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to |
12 | transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. |
13 | § 2011, as it was in effect as of January 1, 2001; provided, however, that a Rhode Island credit shall |
14 | be allowed against any tax so determined in the amount of sixty-four thousand four hundred |
15 | ($64,400). Any scheduled increase in the unified credit provided in 26 U.S.C. § 2010 in effect on |
16 | January 1, 2003, or thereafter, shall not apply; provided, further, beginning on January 1, 2016, and |
17 | each January 1 thereafter, said Rhode Island credit amount under this section shall be adjusted by |
18 | the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as |
19 | published by the United States Department of Labor Statistics determined as of September 30 of |
20 | the prior calendar year; said adjustment shall be compounded annually and shall be rounded up to |
21 | the nearest five dollar ($5.00) increment. |
22 | (5)(i) For purposes of this section, an additional credit against the tax computed under |
23 | subsection (a)(4) of this section shall be allowed with respect to a surviving spouse of a deceased |
24 | spouse dying after December 31, 2019. The additional credit shall be designated as the "deceased |
25 | spousal unused credit amount," and shall be equal to the lesser of: |
26 | (A) The credit amount provided in subsection (4) of this section; or |
27 | (B) The excess of: |
28 | (I) The credit amount of the last deceased spouse of such surviving spouse, over |
29 | (II) The amount of such credit amount with respect to which the tax is determined under |
30 | subsection (a)(4) of this section on the estate of such deceased spouse. |
31 | (ii) A deceased spousal unused credit amount may not be taken by a surviving spouse |
32 | unless the executor of the estate of the deceased spouse files a Rhode Island estate tax return on |
33 | which such amount is computed, and unless the executor makes an election on such return that such |
34 | amount may be taken into account. The election, once made, shall be irrevocable. No election may |
| LC005014 - Page 2 of 4 |
1 | be made if the return is filed after the time prescribed by law (including extensions) for filing the |
2 | return. |
3 | (b) If the decedent's estate contains property having a tax situs not within the state, then the |
4 | tax determined by this section is reduced to an amount determined by multiplying the tax by a |
5 | fraction whose numerator is the gross estate excluding all property having a tax situs not within the |
6 | state at the decedent's death and whose denominator is the gross estate. In determining the fraction, |
7 | no deductions are considered and the gross estate is not reduced by a mortgage or other |
8 | indebtedness for which the decedent's estate is not liable. |
9 | (c)(1) The terms "gross taxable estate", "federal gross estate" or "net taxable estate" used |
10 | in this chapter or chapter 23 of this title has the same meaning as when used in a comparable context |
11 | in the laws of the United States, unless a different meaning is clearly required by the provisions of |
12 | this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of this title to the |
13 | Internal Revenue Code or other laws of the United States means the Internal Revenue Code of |
14 | 1954, 26 U.S.C. § 1 et seq. |
15 | (2) For decedents whose death occurs on or after January 1, 2002, the terms "gross taxable |
16 | estate" "federal gross estate" or "net taxable estate" used in this chapter or chapter 23 of this title |
17 | has the same meaning as when used in a comparable context in the laws of the United States, unless |
18 | a different meaning is clearly required by the provisions of this chapter or chapter 23 of this title. |
19 | Any reference in this chapter or chapter 23 of this title to the Internal Revenue Code or other laws |
20 | of the United States means the Internal Revenue Code of 1954, 26 U.S.C. § 1 et seq., as they were |
21 | in effect as of January 1, 2001, unless otherwise provided. |
22 | (d) All values are as finally determined for federal estate tax purposes. |
23 | (e) Property has a tax situs within the state of Rhode Island: |
24 | (1) If it is real estate or tangible personal property and has actual situs within the state of |
25 | Rhode Island; or |
26 | (2) If it is intangible personal property and the decedent was a resident. |
27 | SECTION 2. This act shall take effect upon passage and shall apply to the estates of |
28 | decedents dying after December 31, 2019. |
======== | |
LC005014 | |
======== | |
| LC005014 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION - ESTATE AND TRANSFER TAXES - LIABILITY AND | |
COMPUTATION | |
*** | |
1 | This act would establish portability of predeceasing spouse's unused credit against the |
2 | estate tax by a surviving spouse. |
3 | This act would take effect upon passage and would apply to the estates of decedents dying |
4 | after December 31, 2019. |
======== | |
LC005014 | |
======== | |
| LC005014 - Page 4 of 4 |