Chapter 340

2005 -- S 0656 SUBSTITUTE A

Enacted 07/19/05

 

A N A C T

RELATING TO TAXATION -- PERSONAL INCOME TAX

     

     Introduced By: Senators Perry, Sosnowski, Goodwin, McBurney, and Roberts

     Date Introduced: February 15, 2005

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal

Income Tax" is 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.

section 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 section 44-30-12.

      (b) Notwithstanding the provisions of sections 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 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 section 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. section 1(f).

      (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.

      (d) 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) earned income credit;

     (2) child and dependent care credit;

     (3) general business credits;

     (4) foreign tax credit;

     (5) credit for elderly or the disabled;

     (6) credit for prior year minimum tax;

     (7) mortgage interest credit;

     (8) empowerment zone employment credit;

     (9) qualified electric vehicle credit;

     (e) 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.

     (f) The credit shall be twenty-five and one-half percent (25.5%) of the listed federal

credits for tax year 2001, and shall be twenty-five percent (25%) of the aforementioned federal

credits for tax year 2002 and thereafter; 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 purposes shall determine the Rhode Island amount to be

recaptured in the same manner as prescribed in this subsection.

 

     SECTION 2. This act shall take effect upon passage.     

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LC02048/SUB A

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