CHAPTER 84


97-S 1056 am
Approved Jul. 2, 1997


AN ACT RELATING TO TAXATION - INCOME DERIVED FROM INTERNATIONAL INVESTMENT MANAGEMENT SERVICES

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 44-11 of the general laws entitled "Business Corporation Tax" is hereby amended by adding thereto the following section:

{ADD 44-11-14.5 International Investment Management Service Income. -- ADD}{ADD(a) Notwithstanding any other provisions of the General Laws, any qualified taxpayer located within the State which sells international investment management services to non- U.S. persons or non- U.S. investment funds shall exclude from its net income any income derived directly or indirectly from the sale of international investment management services. ADD}

{ADD (b) For purposes of this section, non-U.S. persons shall mean any person who is not a citizen of the United States and who is domiciled outside the United States during the entire taxable year; non-U.S. investment funds shall mean any collective investment fund the sole beneficiaries of which are non-U.S. persons. ADD}

{ADD (c) For purposes of this section, international investment management services shall include without limitation investment advice, investment research, investment consulting, portfolio management, administration or distribution services (including without limitation transfer agent, fund accounting, customary and other similar or related services) rendered to or on behalf of non-U.S. persons and non-U.S. investment funds. ADD}

{ADD (d) For purposes of this section, a qualified taxpayer is one which during the taxable year employs, or together with affiliated taxpayers with which it is eligible to file a consolidated tax return for federal income tax purposes an average of not less than five hundred (500) full time equivalent employees in the state. ADD}

SECTION 2. This act shall take effect upon its passage and shall apply to taxable years commencing on or after July 1, 1998.



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