2023 -- H 5839

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LC002072

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS -- RHODE

ISLAND BUSINESS CORPORATION ACT

     Introduced By: Representatives Edwards, Kazarian, Handy, Ackerman, Diaz, and
Kennedy

     Date Introduced: March 01, 2023

     Referred To: House Corporations

     (Dept. of Revenue)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 7-1.2-1310 and 7-1.2-1414 of the General Laws in Chapter 7-1.2

entitled "Rhode Island Business Corporation Act" are hereby amended to read as follows:

     7-1.2-1310. Revocation of articles of incorporation.

     (a) The articles of incorporation of a corporation may be revoked by the secretary of state

upon the conditions prescribed in this section when it is established that:

     (1) The corporation procured its articles of incorporation through fraud; or

     (2) The corporation has continued to exceed or abuse the authority conferred upon it by

law; or

     (3) The corporation has failed to file its annual report within the time required by this

chapter, or with respect to any corporation in good corporate standing on the records of the secretary

of state on or after July 1, 2019, has failed to pay any required fees to the secretary of state when

they have become due and payable, or the secretary of state has received notice from the division

of taxation, in accordance with § 44-11-26.1, that the corporation has failed to pay corporate any

fees or taxes due to this state; or

     (4) The corporation has failed for thirty (30) days to appoint and maintain a registered agent

in this state as required by this chapter; or

     (5) The corporation has failed, after change of its registered office or registered agent, to

file in the office of the secretary of state a statement of the change as required by this chapter; or

     (6) The corporation has failed to file in the office of the secretary of state any amendment

to its articles of incorporation or any articles of merger within the time prescribed by this chapter;

or

     (7) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the corporation pursuant to this chapter.

     (b) No articles of incorporation of a corporation may be revoked by the secretary of state

unless:

     (1) The secretary of state gives the corporation notice thereof not less than sixty (60) days

prior to such revocation by regular mail addressed to the registered office of the corporation in this

state on file with the secretary of state’s office, which notice shall specify the basis for the

revocation; provided, however, that if a prior mailing addressed to the registered office of the

corporation in this state currently on file with the secretary of state’s office has been returned as

undeliverable by the United States Postal Service for any reason, or if the revocation notice is

returned as undeliverable by the United States Postal Service for any reason, the secretary of state

gives notice as follows:

     (i) To the corporation at its principal office of record as shown in its most recent annual

report, and no further notice is required; or

     (ii) In the case of a domestic corporation that has not yet filed an annual report, then to any

one of the incorporators listed on the articles of incorporation, and no further notice is required;

and

     (2) The corporation fails prior to revocation to file the annual report or pay the fees, or file

the required statement of change of registered agent or registered office, or file the articles of

amendment or articles of merger, or correct the misrepresentation.

     7-1.2-1414. Revocation of certificate of authority.

     (a) The certificate of authority of a foreign corporation to transact business in this state may

be revoked by the secretary of state under the conditions prescribed in this section when:

     (1) The corporation fails to file its annual report within the time required by this chapter,

or with respect to any corporation in good corporate standing on the records of the secretary of state

on or after July 1, 2019, has failed to pay any required fees to the secretary of state when they have

become due and payable, or the secretary of state has received notice from the division of taxation,

in accordance with § 44-11-26.1, that the corporation has failed to pay corporate any fees or taxes

due to this state; or

     (2) The corporation fails to appoint and maintain a registered agent in this state as required

by this chapter; or

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     (3) The corporation fails, after changing its registered office or registered agent, to file in

the office of the secretary of state a statement of the change as required by this chapter; or

     (4) The corporation fails to file in the office of the secretary of state any amendment to its

articles of incorporation or any articles of merger within the time prescribed by this chapter; or

     (5) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the corporation pursuant to this chapter.

     (b) No certificate of authority of a foreign corporation may be revoked by the secretary of

state unless the secretary of state has given the corporation notice thereof not less than sixty (60)

days prior to such revocation, by regular mail addressed to the registered agent of the corporation

in this state on file with the secretary of state’s office, which notice shall specify the basis for the

revocation; provided, however, that if a prior mailing addressed to the registered office of the

corporation in this state currently on file with the secretary of state’s office has been returned as

undeliverable by the United States Postal Service for any reason, or if the revocation notice is

returned as undeliverable by the United States Postal Service for any reason, the secretary of state

shall give notice as follows:

     (1) To the corporation at its principal office of record as shown in its most recent annual

report, and no further notice is required; or

     (2) In the case of a foreign corporation that has not yet filed an annual report, then to the

corporation at its principal office shown in its application for certificate of authority, and no further

notice is required.

     SECTION 2. Section 7-16-67.1 of the General Laws in Chapter 7-16 entitled "The Rhode

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

     7-16-67.1. Revocation of articles or authority to transact business for nonpayment of

fee.

     (a) The tax administrator may, after July 15 of each year, make up compile a list of all

limited-liability companies that have failed to pay the fee defined in § 7-16-67 any state fees and/or

taxes for one year after the fee state fees and/or taxes became due and payable, and the failure is

not the subject of a pending appeal. The tax administrator shall certify to the correctness of the list.

Upon receipt of the certified list, the secretary of state may initiate revocation proceedings as

defined in § 7-16-41.

     (b) With respect to any information provided by the division of taxation to the secretary of

state state's office pursuant to this chapter, the secretary of state, together with the employees or

agents thereof, shall be subject to all state and federal tax confidentiality laws applying to the

division of taxation and the officers, agents, and employees thereof, and which restrict the

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acquisition, use, storage, dissemination, or publication of confidential taxpayer data.

     (c) Notwithstanding the foregoing, the notice of revocation may state as the basis for

revocation that the taxpayer has failed to pay state fees and/or taxes to the division of taxation.

However, the secretary of state's office shall otherwise protect all state and federal tax information

in its custody as required by subsection (b) of this section and refrain from disclosing any other

specific tax information.

     SECTION 3. Section 42-64.3-6 of the General Laws in Chapter 42-64.3 entitled

"Distressed Areas Economic Revitalization Act" is hereby amended to read as follows:

     42-64.3-6. Business tax credits.

     A qualified business in an enterprise zone is allowed a credit against the tax imposed

pursuant to chapters 11, 13 (except the taxation of tangible personal property under § 44-13-13),

14, and 17, and 30 of title 44:

     (1) A credit equal to fifty percent (50%) of the total amount of wages paid to those

enterprise job employees comprising the five percent (5%) new jobs referenced in § 42-64.3-

3(4)(i)(A). The wages subject to the credit shall be reduced by any direct state or federal wage

assistance paid to employers for the employee(s) in the taxable year. The maximum credit allowed

per taxable year under the provisions of this subsection shall be two thousand five hundred dollars

($2,500), per employee. A taxpayer who takes this business tax credit shall not be eligible for the

resident business owner modification pursuant to § 42-64.3-7.

     (2) A credit equal to seventy five percent (75%) of the total amount of wages paid to those

enterprise job employees who are domiciliaries of an enterprise zone comprising the five percent

(5%) new jobs referenced in § 42-64.3-3(4)(i)(A). The wages subject to the credit shall be reduced

by any direct state or federal wage assistance in the taxable year. The maximum credit allowed per

taxable year under the provisions of this subdivision shall be five thousand dollars ($5,000) per

employee. A taxpayer who takes this business tax credit is not eligible for the resident business

owner modification. The council shall promulgate appropriate rules to certify that the enterprise

job employees are domiciliaries of an enterprise zone and shall advise the qualified business and

the tax administrator. A taxpayer taking a credit for employees pursuant to this subdivision (2) shall

not be entitled to a credit pursuant to subdivision (1) of this section for the employees.

     (3) Any tax credit as provided in subdivision (1) or (2) of this section shall not reduce the

tax below the minimum tax. Fiscal year taxpayers must claim the tax credit in the year into which

the December 31st of the certification year falls. The credit shall be used to offset tax liability

pursuant to the provisions of either chapters 11, 13, 14, or 17, or 30 of title 44, but not more than

one chapter.

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     (4) In the case of a corporation, the credit allowed under this section is only allowed against

the tax of that corporation included in a consolidated return that qualifies for the credit and not

against the tax of other corporations that may join in the filing of a consolidated tax return.

     (5) In the case of multiple business owners, the credit provided in subdivision (1) or (2) of

this section is apportioned according to the ownership interests of the qualified business.

     (6) The tax credits established pursuant to this section may be carried forward for a period

of three (3) years if in each of the three (3) calendar years a business which has qualified for tax

credits under this section: (a) does not reduce the number of its employees from the last Effective

Date of Certification; (b) obtains certificates of good standing from the Rhode Island division of

taxation, the corporations division of the Rhode Island secretary of state and the appropriate

municipal tax collector; (c) provides the council an affidavit stating under oath that this business

has not within the preceding twelve (12) months changed its legal status for the purpose of gaining

favorable treatment under the provisions of chapter 64.3 of this title; and (d) meets any other

requirements as may be established by the council in its rules and regulations.

     (7) No new credits shall be issued on or after July 1, 2015 unless the business has received

certification under this chapter prior to July 1, 2015.

     SECTION 4. Section 42-64.6-7 of the General Laws in Chapter 42-64.6 entitled "Jobs

Training Tax Credit Act" is hereby amended to read as follows:

     42-64.6-7. Limitation.

     The credit allowed pursuant to this chapter shall not reduce the liability of the employer

for the tax imposed by chapters 11, 13, 14, and 17 and 30 of title 44 in any year below the minimum

tax where a minimum tax is provided under this title.

     SECTION 5. Sections 44-11-7.1, 44-11-26.1 and 44-11-29 of the General Laws in Chapter

44-11 entitled "Business Corporation Tax" are hereby amended to read as follows:

     44-11-7.1. Limitations on assessment.

     (a) General. Except as provided in this section, the amount of the Rhode Island corporate

income tax shall be assessed within three (3) years after the return was filed, whether or not the

return was filed on or after the prescribed date. For this purpose, a tax return filed before the due

date shall be considered as filed on the due date.

     (b) Exceptions.

     (1) The tax may be assessed at any time if:

     (i) No return is filed.

     (ii) A false or fraudulent return is filed with intent to avoid tax.

     (2) Where, before the expiration of the time prescribed in this section for the assessment of

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tax, or before the time as extended, both the tax administrator and the taxpayer have consented, in

writing, to its assessment after that time, the tax may be assessed at any time prior to the expiration

of the agreed upon period.

     (3) If a taxpayer’s deficiency is attributable to an excessive net operating loss carryback

allowance, it may be assessed at any time that a deficiency for the taxable year of the loss may be

assessed.

     (4) An erroneous refund shall be considered to create an underpayment of tax on the date

made. An assessment of a deficiency arising out of an erroneous refund may be made at any time

within three (3) years thereafter, or at any time if it appears that any part of the refund was induced

by fraud or misrepresentation of a material fact.

     (c) Notwithstanding the provisions of this section, the tax may be assessed at any time

within six (6) years after the return was filed if a taxpayer omits from its Rhode Island income an

amount properly includable therein that is in excess of twenty-five percent (25%) of the amount of

Rhode Island income stated in the return. For this purpose there shall not be taken into account any

amount that is omitted in the return if the amount is disclosed in the return, or in a statement attached

to the return, in a manner adequate to apprise the tax administrator of the nature and amount of the

item.

     (d) The running of the period of limitations on assessment or collection of the tax or other

amount, or of a transferee’s liability, shall, after the mailing of a notice of deficiency, be suspended

for any period during which the tax administrator is prohibited from making the assessment or from

collecting by levy, and for sixty (60) days thereafter.

     (e) No period of limitations specified in any other law shall apply to the assessment or

collection of Rhode Island corporate income tax. Under no circumstances shall the tax

administrator issue any notice of deficiency determination for Rhode Island business corporation

tax due and payable more than ten (10) years after the date upon which the return was filed or due

to be filed, nor shall the tax administrator commence any collection action for any business

corporation tax due and payable unless the collection action is commenced within ten (10) years

after a notice of deficiency determination became a final collectible assessment; provided however,

that the tax administrator may renew a statutory lien that was initially filed within the ten-year (10)

period for collection actions. Both of the aforementioned ten-year (10) periods are tolled for any

period of time the taxpayer is in federal bankruptcy or state receivership proceedings. “Collection

action” refers to any activity undertaken by the division of taxation to collect on any state tax

liabilities that are final, due, and payable under Rhode Island law. “Collection action” may include,

but is not limited to, any civil action involving a liability owed under chapter 11 of title 44.

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     (f) The ten-year (10) limitation shall not apply to the renewal or continuation of the state’s

attempt to collect a liability that became final, due, and payable within the ten-year (10) limitation

periods set forth in this section.

     44-11-26.1. Revocation of articles or authority to transact business for nonpayment

of tax.

     (a) The tax administrator may, after July 15 of each year, make up compile a list of all

corporations that have failed to pay the corporate tax defined in § 44-11-2 any state fees and/or

taxes for one year after the tax state fees and/or taxes became due and payable, and the failure is

not the subject of a pending appeal. The tax administrator shall certify to the correctness of the list.

Upon receipt of the certified list, the secretary of state may initiate revocation proceedings as

defined in §§ 7-1.2-1310 and 7-1.2-1414.

     (b) With respect to any information provided by the division of taxation to the secretary of

state state's office pursuant to this chapter, the secretary of state, together with the employees or

agents thereof, shall be subject to all state and federal tax confidentiality laws applying to the

division of taxation and the officers, agents, and employees thereof, and which restrict the

acquisition, use, storage, dissemination, or publication of confidential taxpayer data.

     (c) Notwithstanding the foregoing, the notice of revocation may state as the basis for

revocation that the taxpayer has failed to pay state fees and/or taxes to the division of taxation.

However, the secretary of state's office shall otherwise protect all state and federal tax information

in its custody as required by subsection (b) of this section and refrain from disclosing any other

specific tax information.

     44-11-29. Notice to tax administrator of sale of assets — Tax due.

     (a) The sale or transfer of the major part in value of the assets of a domestic corporation,

domestic limited liability company, domestic limited partnership, or any other domestic business

entity, or of the major part in value of the assets situated in this state of a foreign corporation,

foreign limited liability company, foreign limited partnership, or any other foreign business entity,

other than in the ordinary course of trade and in the regular and usual prosecution of business by

said corporation, limited liability company, limited partnership, or any other business entity

whether domestic or foreign, and the sale or transfer of the major part in value of the assets of a

domestic corporation, domestic limited liability company, domestic limited partnership, or any

other domestic corporation business entity, or of the major part in value of the assets situated in

this state of a foreign corporation, foreign limited liability company, foreign limited partnership, or

any other foreign business entity that is engaged in the business of buying, selling, leasing, renting,

managing, or dealing in real estate, shall be fraudulent and void as against the state unless the

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corporation, limited liability company, limited partnership, or any other business entity, whether

domestic or foreign, at least five (5) business days before the sale or transfer, notifies the tax

administrator of the proposed sale or transfer and of the price, terms, and conditions of the sale or

transfer and of the character and location of the assets by requesting a letter of good standing from

the tax division that shall be received by the tax division at least five (5) business days before the

sale or transfer. Whenever a corporation, limited liability company, limited partnership, or any

other business entity, whether domestic or foreign, makes such a sale or transfer, any and all tax

returns required to be filed under this title must be filed and any and all taxes imposed under this

title shall become due and payable at the time when the tax administrator is so notified of the sale

or transfer, or, if he or she is not so notified, at the time when he or she should have been notified

of the sale or transfer.

     (b) This section shall not apply to sales by receivers, assignees under a voluntary

assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy,

or public officers acting under judicial process.

     SECTION 6. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and

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

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

     There are exempted from the taxes imposed by this chapter the following gross receipts:

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

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

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

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

     (2) Newspapers.

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

newspaper.

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

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

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

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

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

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

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

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

service or management entity under contract to the educational institutions.

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     (4) Containers.

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

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

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

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

contents with the container.

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

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

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

the contents or when resold for refilling.

     (D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage

producers who place the alcoholic beverages in the containers.

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

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

containers.”

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

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

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

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

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

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

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

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

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

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

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

America (VICA); organized nonprofit golden age and senior citizens clubs for men and women;

and parent-teacher associations; and from the sale, storage, use, and other consumption in this state,

of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation.

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

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

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

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

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

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such materials and supplies (materials and/or supplies are defined as those that are essential to the

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

without payment of the tax.

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

or organization but shall in that instance provide his or her suppliers with certificates in the form

as determined by the division of taxation showing the reason for exemption and the contractor’s

records must substantiate the claim for exemption by showing the disposition of all property so

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

on the property used.

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

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

propulsion of airplanes.

     (7) Purchase for manufacturing purposes.

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

software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and

water, when the property or service is purchased for the purpose of being manufactured into a

finished product for resale and becomes an ingredient, component, or integral part of the

manufactured, compounded, processed, assembled, or prepared product, or if the property or

service is consumed in the process of manufacturing for resale computer software, tangible personal

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

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

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

     (iii) “Consumed” includes mere obsolescence.

     (iv) “Manufacturing” means and includes: manufacturing, compounding, processing,

assembling, preparing, or producing.

     (v) “Process of manufacturing” means and includes all production operations performed in

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

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

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

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

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

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

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

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

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

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

the municipality where it is located.

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

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

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

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

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

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

except sub-sector 3118 (bakeries);

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

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

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

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

glasses, cups, napkins, or straws.

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

use, or other consumption in this state, of:

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

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

over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii).

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

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

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

delivery pumps that are sold on prescription to individuals to be used by them to dispense or

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

administer prescription drugs, shall also be exempt from tax.

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

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

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

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

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

and canes.

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     (12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the

storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners,

urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial

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

     (13) Motor vehicles sold to nonresidents.

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

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

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

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

nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide

nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed

in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-

20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and

collect the tax required under this subdivision and remit the tax to the tax administrator under the

provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer

is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide

nonresident as provided in this section, the dealer in computing the tax takes into consideration the

law of the state of the nonresident as it relates to the trade-in of motor vehicles.

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

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

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

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

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

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

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

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

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

provisions of § 44-18-20.

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

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

licensed under § 40-9-11.1.

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

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

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

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

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

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

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

portion has as its primary purpose the control of the pollution or contamination of the waters or air

of this state. As used in this subdivision, “facility” means any land, facility, device, building,

machinery, or equipment.

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

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

organizations and associations mentioned in subsection (5), or by privately owned and operated

summer camps for children.

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

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

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

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

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

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

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

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

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

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

which inures to the benefit of any individual.

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

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

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

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

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

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

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

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

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

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

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

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to auditory signals.

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

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

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

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

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

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

adaptations, including installation.

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

state of every type of heating fuel.

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

this state of electricity and gas.

     (22) Manufacturing machinery and equipment.

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

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

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

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

processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373

in the standard industrial classification manual prepared by the Technical Committee on Industrial

Classification, Office of Statistical Standards, Executive Office of the President, United States

Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment

used in the furnishing of power to an industrial manufacturing plant. For the purposes of this

subdivision, “industrial plant” means a factory at a fixed location primarily engaged in the

manufacture, conversion, or processing of tangible personal property to be sold in the regular

course of business;

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

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

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

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

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

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

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

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

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

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

from a vendor or machinery and equipment and related items used during any manufacturing,

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

or purpose is not an integral or essential part of a continuous production flow or manufacturing

process;

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

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

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

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

identifiable as to use.

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

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

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

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

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

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

the word “automobile” means a private passenger automobile not used for hire and does not refer

to any other type of motor vehicle.

     (24) Precious metal bullion.

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

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

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

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

to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value

depends upon its content and not upon its form.

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

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

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

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

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

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

vessels.

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

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

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

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

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

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

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

commercial fishing of the vessels and other watercraft. “Commercial fishing” means taking or

attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for

profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence

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

vessels and other watercraft with a Rhode Island party and charter boat license issued by the

department of environmental management pursuant to § 20-2-27.1 that meet the following criteria:

(i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry

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

U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat

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

commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be

able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters

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

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

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

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

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

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

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

dollars ($250) of the sales price per item. For the purposes of this section, “clothing or footwear”

does not include clothing accessories or equipment or special clothing or footwear primarily

designed for athletic activity or protective use as these terms are defined in § 44-18-7.1(f). In

recognition of the work being performed by the streamlined sales and use tax governing board,

upon passage of any federal law that authorizes states to require remote sellers to collect and remit

sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The

unlimited exemption on sales of clothing and footwear shall take effect on the date that the state

requires remote sellers to collect and remit sales and use taxes.

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

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

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

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

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

to, the Old Testament and the New Testament versions.

     (30) Boats.

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

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

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

made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30)

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

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

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

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

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

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

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

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

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

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

schools or of organized activities of the enrolled students.

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

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

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

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

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

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

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

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

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

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

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

whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July

1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I

shall be based on proof of annual, gross sales from commercial farming of at least twenty-five

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hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this

subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or

greater. Level II shall be based on proof of annual gross sales from commercial farming of at least

ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption

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

dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount

of annual gross sales from commercial farming shall be required for the prior year; for any renewal

of an exemption granted in accordance with this subdivision at either level I or level II, proof of

gross annual sales from commercial farming at the requisite amount shall be required for each of

the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly

indicate the level of the exemption and be valid for four (4) years after the date of issue. This

exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for

a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after

July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for

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

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

state of compressed air.

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

United States, Rhode Island or POW-MIA flags.

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

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

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

connected or not. The motor vehicle must be purchased by and especially equipped for use by the

qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or

regulations that the tax administrator may prescribe.

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

of textbooks by an “educational institution,” as defined in subsection (18) of this section, and any

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

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

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

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

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

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

in § 23-19.1-4, where the “hazardous wastes” are generated in Rhode Island solely by the same

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

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

of environmental management certifying that the equipment and/or supplies as used or consumed,

qualify for the exemption under this subdivision. If any information relating to secret processes or

methods of manufacture, production, or treatment is disclosed to the department of environmental

management only to procure an order, and is a “trade secret” as defined in § 28-21-10(b), it is not

open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of

title 28 or chapter 24.4 of title 23.

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

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

shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii)

Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to

customers at no charge.

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

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

in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977,

7 U.S.C. § 2011 et seq.

     (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-

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

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

of hours spent on the job.

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

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

in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only

to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards

the purchase of a new or used boat by the buyer.

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

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

by a qualifying firm. For the purposes of this subsection, “qualifying firm” means a business for

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

“equipment” means scientific equipment, computers, software, and related items.

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

numismatic or investment value.

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

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

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

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

machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos,

feed storage sheds, and any other structures used in connection with commercial farming.

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

telecommunications service when purchased by a telecommunications company from another

telecommunications company to facilitate the provision of telecommunications service.

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

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

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

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

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

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

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

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

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

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

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

and that the jewelry display product is shipped out of state for use solely outside the state and is not

returned to the jewelry manufacturer or seller.

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

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

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

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

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

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

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

interstate and international, toll-free terminating telecommunication service that is used directly

and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided

that an eligible company employs on average during the calendar year no less than five hundred

(500) “full-time equivalent employees” as that term is defined in § 42-64.5-2. For purposes of this

section, an “eligible company” means a “regulated investment company” as that term is defined in

the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a corporation to the extent the service is

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provided, directly or indirectly, to or on behalf of a regulated investment company, an employee

benefit plan, a retirement plan or a pension plan, or a state-chartered bank.

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

or other consumption in this state of mobile and/or manufactured homes as defined and subject to

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

     (51) Manufacturing business reconstruction materials.

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

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

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

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

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

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

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

the production and administrative facilities.

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

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

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

this exemption does not apply.

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

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

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

or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are

ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements

or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers,

plants, floral products, or natural and artificial floral arrangements, including descriptive labels,

stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers,

spray materials, floral paint and tint, plant shine, flower food, insecticide, and fertilizers.

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

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

of horses.

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

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

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

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

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

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

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

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

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

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

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

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

that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and

collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide

nonresident as provided in this section, the dealer in computing the tax takes into consideration the

law of the state of the nonresident as it relates to the trade-in of motor vehicles.

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

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

nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption

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

vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and

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

a valid out-of-state driver’s license.

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

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

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

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

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

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

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

“pick-up campers,” “travel trailers,” and “tent trailers” as those terms are defined in chapter 1 of

title 31.

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

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

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

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

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

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

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to that act. The exemption provided in this subdivision shall expire on December 31, 2008.

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

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

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

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

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

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

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

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

water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold

by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and

manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not

to include materials that could be fabricated into such racks; monitoring and control equipment, if

specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind

energy systems or if required by law or regulation for such systems but not to include pumps, fans

or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral

part of, another item specified on this list; and solar storage tanks that are part of a solar domestic

hot water system or a solar space heating system. If the tank comes with an external heat exchanger

it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.

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

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

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

twenty (120) days from the date of delivery.

     (59) Dietary supplements. From the sale and from the storage, use, or other consumption

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

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

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

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

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

fibers for human use.

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

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

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

animals as described in subsection (61) of this section.

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

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

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

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

markup.

     (65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use,

or other consumption in this state of seeds and plants used to grow food and food ingredients as

defined in § 44-18-7.1(l)(i). “Seeds and plants used to grow food and food ingredients” shall not

include marijuana seeds or plants.

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

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

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

     (67) Breast pump products. From the sale and from the storage, use, or other consumption

of breast pumps and breast pump collection and storage supplies when sold to individuals for home

use, and any repair or replacement parts for such products. “Breast pump collection and storage

supplies” means items of tangible personal property used in conjunction with a breast pump to

collect milk expressed from a human breast and to store collected milk until it is ready for

consumption. “Breast pump collection and storage supplies” include, but are not limited to, breast

shields and breast shield connectors; breast pump tubes and tubing adaptors; breast pump valves

and membranes; backflow protectors and backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; breast milk storage bags; and related items sold as part

of a breast pump kit pre-packaged by the breast pump manufacturer. “Breast pump collection and

storage supplies” does not include: bottles and bottle caps not specific to the operation of the breast

pump; breast pump travel bags and other similar carrying accessories, including ice packs, labels,

and other similar products, unless sold as part of a breast pump kit pre-packed by the breast pump

manufacturer; breast pump cleaning supplies, unless sold as part of a breast pump kit pre-packaged

by the breast pump manufacturer; nursing bras, bra pads, breast shells, and other similar products;

and creams, ointments, and other similar products that relieve breastfeeding-related symptoms or

conditions of the breasts or nipples.

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

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

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

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

motorcycles for the repurchase of the motorcycle whether the repurchase was voluntary or not

LC002072 - Page 24 of 60

towards the purchase of a new or used motorcycle by the buyer. For the purpose of this subsection,

the word “motorcycle” means a motorcycle not used for hire and does not refer to any other type

of motor vehicle.

     SECTION 7. Section 44-19-13 of the General Laws in Chapter 44-19 entitled "Sales and

Use Taxes — Enforcement and Collection" is hereby amended to read as follows:

     44-19-13. Notice of determination.

     (a) The tax administrator shall give to the retailer or to the person storing, using, or

consuming the tangible personal property a written notice of his or her determination. Except in the

case of fraud, intent to evade the provisions of this article, failure to make a return, or claim for

additional amount pursuant to §§ 44-19-16 — 44-19-19, every notice of a deficiency determination

shall be mailed within three (3) years after the fifteenth (15th) day of the calendar month following

the month for which the amount is proposed to be determined or within three (3) years after the

return is filed, whichever period expires later, unless a longer period is agreed upon by the tax

administrator and the taxpayer.

     (b) Notwithstanding the provisions of subsection (a) of this section, under no circumstances

shall the tax administrator issue a notice of a deficiency determination for any sales or use tax

determined to be due and payable more than ten (10) years after the return is filed or was due to be

filed, nor shall the tax administrator commence any collection action for any tax that is due and

payable unless the collection action is commenced within ten (10) years after a notice of a

deficiency determination becomes a final collectible assessment; provided, however, that the tax

administrator may renew a statutory lien that was initially filed within the ten-year (10) period for

collection actions. Both of the aforementioned ten-year (10) periods are tolled for any period of

time the taxpayer is in federal bankruptcy or state receivership proceedings. “Collection action”

refers to any activity undertaken by the division of taxation to collect on any state tax liabilities that

are final, due, and payable under Rhode Island law. “Collection action” may include, but is not

limited to, any civil action involving a liability owed under chapters 18, 18.1, 18.2, and 19 of title

44. This section excludes any sales and use tax liabilities that are deemed trust funds as defined in

§ 44-19-35, as well as any meals and beverage tax liabilities that are collected pursuant to § 44-18-

18.1, and any hotel tax liabilities that are collected pursuant to § 44-18-36.1.

     (c) The ten-year (10) limitation shall not apply to the renewal or continuation of the state’s

attempt to collect a liability that became final, due, and payable within the ten-year (10) limitation

periods set forth in this section.

     SECTION 8. Section 44-23-9 of the General Laws in Chapter 44-23 entitled "Estate and

Transfer Taxes — Enforcement and Collection" is hereby amended to read as follows:

LC002072 - Page 25 of 60

     44-23-9. Assessment and notice of estate tax — Collection powers — Lien.

     (a) The tax imposed by § 44-22-1.1 shall be assessed upon the full and fair cash value of

the net estate determined by the tax administrator as provided in this chapter. Notice of the amount

of the tax shall be mailed to the executor, administrator, or trustee, but failure to receive the notice

does not excuse the nonpayment of or invalidate the tax. The tax administrator shall receive and

collect the assessed taxes in the same manner and with the same powers as are prescribed for and

given to the collectors of taxes by chapters 7 — 9 of this title. The tax shall be due and payable as

provided in § 44-23-16, shall be paid to the tax administrator, and shall be and remain a lien upon

the estate until it is paid. All executors, administrators, and trustees are personally liable for the tax

until it is paid.

     (b) Notwithstanding the provisions of subsection (a) of this section, under no circumstances

shall the tax administrator issue any notice of deficiency determination for the amount of the estate

tax due more than ten (10) years after the return was filed or should have been filed, nor shall the

tax administrator commence any collection action for any estate tax due and payable unless the

collection action is commenced within ten (10) years after the date a notice of deficiency

determination became a final collectible assessment. “Collection action” refers to any activity

undertaken by the division of taxation to collect on any state tax liabilities that are final, due, and

payable under Rhode Island law. “Collection action” may include, but is not limited to, any civil

action involving a liability owed under chapters 22 and 23 of title 44.

     (c) The ten-year (10) limitation shall not apply to the renewal or continuation of the state’s

attempt to collect a liability that became final, due, and payable within the ten-year (10) limitation

periods set forth in this section.

     SECTION 9. Sections 44-30-2.6, 44-30-83 and 44-30-102 of the General Laws in Chapter

44-30 entitled "Personal Income Tax" are hereby amended to read as follows:

     44-30-2.6. Rhode Island taxable income — Rate of tax.

     (a) “Rhode Island taxable income” means federal taxable income as determined under the

Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-

deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax

Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of

2001 (EGTRRA), and as modified by the modifications in § 44-30-12.

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

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

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

and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002

LC002072 - Page 26 of 60

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

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

prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA);

provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable

year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal

Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a

taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or

her personal income tax liability.

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

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

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

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

the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251

Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year

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

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

Rhode Island alternative minimum tax.

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

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

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

Revenue in 26 U.S.C. § 1(f).

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

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

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

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

     (A) Tax imposed.

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

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

     If taxable income is: The tax is:

Not over $53,150 3.75% of taxable income

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

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

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

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

LC002072 - Page 27 of 60

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

determined in accordance with the following table:

     If taxable income is: The tax is:

Not over $42,650 3.75% of taxable income

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

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

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

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

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

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

table:

     If taxable income is: The tax is:

Not over $31,850 3.75% of taxable income

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

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

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

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

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

returns and bankruptcy estates a tax deter- mined determined in accordance with the following

table:

     If taxable income is: The tax is:

Not over $26,575 3.75% of taxable income

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

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

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

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

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

accordance with the following table:

     If taxable income is: The tax is:

Not over $2,150 3.75% of taxable income

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

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

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

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

LC002072 - Page 28 of 60

     (6) Adjustments for inflation.

     The dollars amount contained in paragraph (A) shall be increased by an amount equal to:

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

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

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

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

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

     (B) Maximum capital gains rates.

     (1) In general.

     If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax

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

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

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

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

§ 1(h)(1)(c).

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

U.S.C. § 1(h)(1)(d).

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

§ 1(h)(1)(e).

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

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

     (C) Itemized deductions.

     (1) In general.

     For the purposes of section (2), “itemized deductions” means the amount of federal

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

     (2) Individuals who do not itemize their deductions.

     In the case of an individual who does not elect to itemize his deductions for the taxable

year, they may elect to take a standard deduction.

     (3) Basic standard deduction.

     The Rhode Island standard deduction shall be allowed in accordance with the following

table:

Filing status Amount

Single $5,350

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

LC002072 - Page 29 of 60

Married filing separately $4,450

Head of Household $7,850

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

     An additional standard deduction shall be allowed for individuals age sixty-five (65) or

older or blind in the amount of $1,300 for individuals who are not married and $1,050 for

individuals who are married.

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

     In the case of an individual to whom a deduction under section (E) is allowable to another

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

     (a) $850;

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

     (6) Certain individuals not eligible for standard deduction.

     In the case of:

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

     (b) Nonresident alien individual;

     (c) An estate or trust;

     The standard deduction shall be zero.

     (7) Adjustments for inflation.

     Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount

equal to:

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

by

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

     (D) Overall limitation on itemized deductions.

     (1) General rule.

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

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

taxable year shall be reduced by the lesser of:

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

over the applicable amount; or

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

such taxable year.

     (2) Applicable amount.

     (a) In general.

LC002072 - Page 30 of 60

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

case of a separate return by a married individual)

     (b) Adjustments for inflation.

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

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

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

     (3) Phase-out of Limitation.

     (a) In general.

     In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,

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

be the amount of such reduction.

     (b) Applicable fraction.

     For purposes of paragraph (a), the applicable fraction shall be determined in accordance

with the following table:

For taxable years beginning in calendar year The applicable fraction is

2006 and 2007 ⅔

2008 and 2009 ⅓

     (E) Exemption amount.

     (1) In general.

     Except as otherwise provided in this subsection, the term “exemption amount” means

$3,400.

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

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

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

for such individual's taxable year shall be zero.

     (3) Adjustments for inflation.

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

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

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

     (4) Limitation.

     (a) In general.

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

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

     (b) Applicable percentage.

LC002072 - Page 31 of 60

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

threshold amount, the exemption amount shall be reduced by two (2) percentage points for each

$2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year

exceeds the threshold amount. In the case of a married individual filing a separate return, the

preceding sentence shall be applied by substituting ‘‘$1,250’’ for ‘‘$2,500.’’ In no event shall the

applicable percentage exceed one hundred percent (100%).

     (c) Threshold Amount.

     For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with

the following table:

Filing status Amount

Single $156,400

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

Married filing separately $117,300

Head of Household $195,500

     (d) Adjustments for inflation.

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

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

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

     (5) Phase-out of limitation.

     (a) In general.

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

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

would be the amount of such reduction.

     (b) Applicable fraction.

     For the purposes of paragraph (a), the applicable fraction shall be determined in accordance

with the following table:

For taxable years beginning in calendar year The applicable fraction is

2006 and 2007 ⅔

2008 and 2009 ⅓

     (F) Alternative minimum tax.

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

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

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

     (b) The regular tax for the taxable year.

LC002072 - Page 32 of 60

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

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

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

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

minimum tax foreign tax credit for the taxable year.

     (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so

much of the federal alternative minimum taxable income as modified by the modifications in § 44-

30-12 as exceeds the exemption amount.

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

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

     (6) Exemption amount.

     For purposes of this section "exemption amount" means:

Filing status Amount

Single $39,150

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

Married filing separately $26,850

Head of Household $39,150

Estate or trust $24,650

     (7) Treatment of unearned income of minor children

     (a) In general.

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

exceed the sum of:

     (i) Such child's earned income, plus

     (ii) $6,000.

     (8) Adjustments for inflation.

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

equal to:

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

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

     (9) Phase-out.

     (a) In general.

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

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

of the taxpayer exceeds the threshold amount.

LC002072 - Page 33 of 60

     (b) Threshold amount.

     For purposes of this paragraph, the term “threshold amount” shall be determined with the

following table:

Filing status Amount

Single $123,250

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

Married filing separately $82,175

Head of Household $123,250

Estate or Trust $82,150

     (c) Adjustments for inflation

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

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

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

     (G) Other Rhode Island taxes.

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

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

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

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

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

return.

     (H) Tax for children under 18 with investment income.

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

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

     (I) Averaging of farm income.

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

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

     (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § 

1301].

     (J) Cost-of-living adjustment.

     (1) In general.

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

     (a) The CPI for the preceding calendar year exceeds

     (b) The CPI for the base year.

     (2) CPI for any calendar year.

LC002072 - Page 34 of 60

     For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer

price index as of the close of the twelve (12) month period ending on August 31 of such calendar

year.

     (3) Consumer price index.

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

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

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

consumer price index for calendar year 1986 shall be used.

     (4) Rounding.

     (a) In general.

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

be rounded to the next lowest multiple of $50.

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

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

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

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

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

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

     (2) Child and dependent care credit;

     (3) General business credits;

     (4) Credit for elderly or the disabled;

     (5) Credit for prior year minimum tax;

     (6) Mortgage interest credit;

     (7) Empowerment zone employment credit;

     (8) Qualified electric vehicle credit.

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

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

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

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

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

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

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

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

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

LC002072 - Page 35 of 60

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

prescribed in this subsection.

     (N) Rhode Island earned-income credit.

     (1) In general.

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

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

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

Island income tax.

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

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

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

amount of the Rhode Island income tax.

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

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

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

Rhode Island income tax.

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

income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)

of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island

income tax.

     (2) Refundable portion.

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

section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall

be allowed as follows.

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

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

income credit exceeds the Rhode Island income tax.

     (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)

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

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

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

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

thereafter for inclusion in the statute.

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

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

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

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

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

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

     (A) Tax imposed.

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

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

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

table:

RI Taxable Income RI Income Tax

Over But not over Pay + % on Excess on the amount over

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

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

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

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

accordance with the following table:

RI Taxable Income RI Income Tax

Over But not over Pay + % on Excess on the amount over

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

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

7,022 - 312 + 5.99% 7,022

     (B) Deductions:

     (I) Rhode Island Basic Standard Deduction.

     Only the Rhode Island standard deduction shall be allowed in accordance with the

following table:

Filing status: Amount

Single $7,500

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

Married filing separately $7,500

Head of Household $11,250

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

deductions.

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

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

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

The term “applicable percentage” means twenty (20) percentage points for each five thousand

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

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

     (C) Exemption Amount:

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

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

purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same

as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and

Jobs Act (Pub. L. No. 115-97) on December 22, 2017.

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

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

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

taxable year shall be zero.

     (III) Identifying information required.

     (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be

allowed under this section with respect to any individual unless the Taxpayer Identification Number

of such individual is included on the federal return claiming the exemption for the same tax filing

period.

     (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event

that the Taxpayer Identification Number for each individual is not required to be included on the

federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer

Identification Number must be provided on the Rhode Island tax return for the purpose of claiming

said exemption(s).

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

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

dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term

“applicable percentage” means twenty (20) percentage points for each five thousand dollars

($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year

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

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

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

equal to:

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

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

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

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

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

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

average of the consumer price index as of the close of the twelve-month (12) period ending on

August 31, of such calendar year.

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

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

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

price index for calendar year 1986 shall be used.

     (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00),

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

married individual filing separate return, if any increase determined under this section is not a

multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple

of twenty-five dollars ($25.00).

     (F) Credits against tax.

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

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

as follows:

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

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

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

in § 44-33-1 et seq.

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

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

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

other states pursuant to § 44-30-74.

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

as provided in § 44-33.2-1 et seq.

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

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

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

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

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

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

contributions to scholarship organizations as provided in chapter 62 of title 44.

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

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

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

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

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

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

administrator.

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

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

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

§ 42-64.20-1 et seq.

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

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

     (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,

unused carryforward for such credit previously issued shall be allowed for the historic

homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already

issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits

under the historic homeownership assistance act.

     (n) Musical and theatrical production tax credits: Credit shall be allowed for musical and

theatrical production tax credits as provided in chapter 31.3 of this title.

     (o) Historic preservation tax credits 2013: Credit shall be allowed for historic preservation

tax credits 2013 as provided in chapter 33.6 of this title.

     (2)(II) Except as provided in section 1 (I) above, no other state and or federal tax credit

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

     44-30-83. Limitations on assessment.

     (a) General. Except as otherwise provided in this section the amount of the Rhode Island

personal income tax shall be assessed within three (3) years after the return was filed, whether or

not the return was filed on or after the prescribed date. For this purpose a tax return filed before the

due date shall be considered as filed on the due date; and a return of withholding tax for any period

ending with or within a calendar year filed before April 15 of the succeeding calendar year shall be

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considered filed on April 15 of the succeeding calendar year.

     (b) Exceptions.

     (1) Assessment at any time. The tax may be assessed at any time if:

     (i) No return is filed;

     (ii) A false or fraudulent return is filed with intent to evade tax; or

     (iii) The taxpayer fails to file a report, pursuant to § 44-30-59, of a change, correction, or

amended return, increasing his or her federal taxable income as reported on his or her federal

income tax return or to report a change or correction that is treated in the same manner as if it were

a deficiency for federal income tax purposes.

     (2) Extension by agreement. Where, before the expiration of the time prescribed in this

section for the assessment of tax, or before the time as extended pursuant to this section, both the

tax administrator and the taxpayer have consented in writing to its assessment after that time, the

tax may be assessed at any time prior to the expiration of the period agreed upon.

     (3) Report of changed or corrected federal income. If the taxpayer shall, pursuant to § 44-

30-59, file an amended return, or report a change or correction increasing his or her federal taxable

income or report a change or correction that is treated in the same manner as if it were a deficiency

for federal income tax purposes, an assessment may be made at any time prior to two (2) years after

the report or amended return was filed. This assessment of Rhode Island personal income tax shall

not exceed the amount of the increase attributable to the federal change, correction, or items

amended on the taxpayer’s amended federal income tax return. The provisions of this paragraph

shall not affect the time within which or the amount for which an assessment may otherwise be

made.

     (4) Deficiency attributable to net operating loss carryback. If a taxpayer’s deficiency is

attributable to an excessive net operating loss carryback allowance, it may be assessed at any time

that a deficiency for the taxable year of the loss may be assessed.

     (5) Recovery of erroneous refund. An erroneous refund shall be considered to create an

underpayment of tax on the date made. An assessment of a deficiency arising out of an erroneous

refund may be made at any time within three (3) years thereafter, or at any time if it appears that

any part of the refund was induced by fraud or misrepresentation of a material fact.

     (6) Armed forces relief. For purposes of this tax, the date appearing in 26 U.S.C. § 692(a)

shall be January 1, 1971.

     (c) Omission of income on return. Notwithstanding the foregoing provisions of this section,

the tax may be assessed at any time within six (6) years after the return was filed if an individual

omits from his or her Rhode Island income an amount properly includible therein which is in excess

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of twenty-five percent (25%) of the amount of Rhode Island income stated in the return. For this

purpose there shall not be taken into account any amount that is omitted in the return if the amount

is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise

the tax administrator of the nature and amount of the item.

     (d) Suspension of limitation. The running of the period of limitations on assessment or

collection of tax or other amount (or of a transferee’s liability) shall, after the mailing of a notice

of deficiency, be suspended for the period during which the tax administrator is prohibited under §

44-30-81(c) from making the assessment or from collecting by levy, and for sixty (60) days

thereafter.

     (e) Limitations exclusive. No period of limitations specified in any other law shall apply to

the assessment or collection of Rhode Island personal income tax. Under no circumstances shall

the tax administrator issue any notice of a deficiency determination for Rhode Island personal

income tax due or payable more than ten (10) years after the date upon which the return was filed

or due to be filed, nor shall the tax administrator commence any collection action for any personal

income tax due and payable unless the collection action is commenced within ten (10) years after

a notice of deficiency determination became a final collectible assessment; provided however, that

the tax administrator can renew a statutory lien that was initially filed within the ten-year (10)

period for collection actions. Both of the aforementioned ten-year (10) periods are tolled for any

period of time the taxpayer is in federal bankruptcy or state receivership proceedings. “Collection

action” refers to any activity undertaken by the division of taxation to collect on any state tax

liabilities that are final, due, and payable under Rhode Island law. “Collection action” may include,

but is not limited to, any civil action involving a liability owed under chapter 30 of title 44. This

section excludes any liabilities that are deemed trust funds as defined in § 44-30-76, as amended.

     (f) The ten-year (10) limitation shall not apply to the renewal or continuation of the state’s

attempt to collect a liability that became final, due, and payable within the ten-year (10) limitation

periods set forth in this section.

     44-30-102. Reporting requirement for applicable entities providing minimum

essential coverage.

     (a) Findings.

     (1) Ensuring the health of insurance markets is a responsibility reserved for states under

the McCarran-Ferguson Act and other federal law.

     (2) There is substantial evidence that being uninsured causes health problems and

unnecessary deaths.

     (3) The shared responsibility payment penalty imposed by § 44-30-101(c) is necessary to

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protect the health and welfare of the state’s residents.

     (4) The reporting requirement provided for in this section is necessary for the successful

implementation of the shared responsibility payment penalty imposed by § 44-30-101(c). This

requirement provides the only widespread source of third-party reporting to help taxpayers and the

tax administrator verify whether an applicable individual maintains minimum essential coverage.

There is compelling evidence that third-party reporting is crucial for ensuring compliance with tax

provisions.

     (5) The shared responsibility payment penalty imposed by § 44-30-101(c), and therefore

the reporting requirement in this section, is necessary to ensure a stable and well-functioning health

insurance market. There is compelling evidence that, without an effective shared responsibility

payment penalty in place for those who go without coverage, there would be substantial instability

in health insurance markets, including higher prices and the possibility of areas without any

insurance available.

     (6) The shared responsibility payment penalty imposed by § 44-30-101(c), and therefore

the reporting requirement in this section, is also necessary to foster economic stability and growth

in the state.

     (7) The reporting requirement in this section has been narrowly tailored to support

compliance with the shared responsibility payment penalty imposed by § 44-30-101(c), while

imposing only an incidental burden on reporting entities. In particular, the information that must

be reported is limited to the information that must already be reported under a similar federal

reporting requirement under section 6055 of the Internal Revenue Code of 1986. In addition, this

section provides that its reporting requirement may be satisfied by providing the same information

that is currently reported under such federal requirement.

     (b) Definitions. For purposes of this section:

     (1) “Applicable entity” means:

     (i) An employer or other sponsor of an employment-based health plan that offers

employment-based minimum essential coverage to any resident of Rhode Island.

     (ii) The Rhode Island Medicaid single state agency providing Medicaid or Children’s

Health Insurance Program (CHIP) coverage.

     (iii) Carriers licensed or otherwise authorized by the Rhode Island office of the health

insurance commissioner to offer health coverage providing coverage that is not described in

subsection (b)(1)(i) or (b)(1)(ii) of this section.

     (2) “Minimum essential coverage” has the meaning given the term by § 44-30-101(a)(2).

     (c) For purposes of administering the shared responsibility payment penalty to individuals

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who do not maintain minimum essential coverage under § 44-30-101(b), every applicable entity

that provides minimum essential coverage to an individual during a calendar year shall, at such

time as the tax administrator may prescribe, file a form in a manner prescribed by the tax

administrator.

     (d) Form and manner of return.

     (1) A return, in the form as the tax administrator may prescribe, contains the following

information:

     (i) The name, address, and Taxpayer Identification Number (TIN) of the primary insured

and the name and TIN of each other individual obtaining coverage under the policy;

     (ii) The dates during which the individual was covered under minimum essential coverage

during the calendar year; and

     (iii) Such other information as the tax administrator may require.

     (2) Sufficiency of information submitted for federal reporting. Notwithstanding the

requirements of subsection (d)(1) of this section, a return shall not fail to be a return described in

this section if it includes the information contained in a return described in section 6055 of the

Internal Revenue Code of 1986, as that section is in effect and interpreted on the 15th day of

December 2017.

     (3) Failure to file proper return. If an applicable entity fails to file a return or report in the

method and manner prescribed by the tax administrator, or files an incomplete or inaccurate return

or report, by the due date determined by the tax administrator for the filing of the return or report,

a penalty of twenty-five dollars ($25.00) per individual not reported to the division of taxation in

accordance with this section shall be imposed.

     (e) Statements to be furnished to individuals with respect to whom information is reported.

     (1) Any applicable entity providing a return under the requirements of this section shall

also provide to each individual whose name is included in the return a written statement containing

the name, address, and contact information of the person required to provide the return to the tax

administrator and the information included in the return with respect to the individuals listed

thereupon. The written statement must be provided on or before January 31 of the year following

the calendar year for which the return was required to be made or by a date as may be determined

by the tax administrator.

     (2) Sufficiency of federal statement. Notwithstanding the requirements of subsection

(e)(1), the requirements of this subsection (e) may be satisfied by a written statement provided to

an individual under section 6055 of the Internal Revenue Code of 1986, as that section is in effect

and interpreted on the 15th day of December 2017.

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     (f) Reporting responsibility.

     (1) Coverage provided by governmental units. In the case of coverage provided by an

applicable entity that is any governmental unit or any agency or instrumentality thereof, the officer

or employee who enters into the agreement to provide the coverage (or the person appropriately

designated for purposes of this section) shall be responsible for the returns and statements required

by this section.

     (2) Delegation. An applicable entity may contract with third-party service providers,

including insurance carriers, to provide the returns and statements required by this section.

     SECTION 10. Section 44-31-1 of the General Laws in Chapter 44-31 entitled "Investment

Tax Credit" is hereby amended to read as follows:

     44-31-1. Investment tax credit.

     (a) A taxpayer shall be allowed a credit, to be computed as provided in this chapter, against

the tax imposed by chapters 11, 14, and 17, and 30 of this title. The amount of the credit shall be

two percent (2%) of the cost or other basis for federal income tax purposes of tangible personal

property and other tangible property, including buildings and structural components of buildings,

described in subsection (b) of this section, acquired, constructed, reconstructed, or erected after

December 31, 1973. Provided, that the amount of the credit shall be four percent (4%) of the: (i)

cost or other basis for federal income tax purposes of tangible personal property and other tangible

property, including buildings and structural components of buildings, described in subdivision

(b)(1) of this section, acquired, constructed, reconstructed or erected after December 31, 1993; and

(ii) qualified amounts for leased assets of tangible personal property and other tangible property

described in subdivision (b)(1) of this section, acquired, constructed, reconstructed, or erected after

January 1, 1998, and the amount of the credit shall be ten percent (10%) of the cost or other basis

for federal income tax purposes, and the qualified amounts for leased assets, of tangible personal

property and other tangible property described in subdivision (b)(3) of this section, acquired,

constructed, reconstructed, or erected after January 1, 1998, and with respect to buildings and

structural components which are acquired, constructed, reconstructed or erected after July 1, 2001,

as described in subdivision (b)(3) of this section.

     (b)(1) A credit shall be allowed under this section with respect to tangible personal property

and other tangible property, including buildings and structural components of buildings, which are