Business Corporation Tax

SECTION 44-11-11.3

§ 44-11-11.3 Accelerated amortization deductions for certain manufacturers.

(a) Any taxpayer engaged in manufacturing activities in Rhode Island that has on the average over the five (5) previous years annually produced goods at facilities located in Rhode Island which generate net sales of at least ten million dollars ($10,000,000) and where on the average at least eighty percent (80%) of that production has been for eventual sale to a branch of the United States armed services may, if it represents that it anticipates the need to reduce its reliance on the sales, elect to amortize the unrecovered basis of all or a portion of its depreciable assets over a sixty (60) month period in equal monthly installments. This election shall be effective as of the first day of the fiscal year of the taxpayer in which the election is made and shall apply only to assets located in this state as of the effective date of the election. In the event any asset covered by this election is sold or disposed of during the sixty (60) month period following the effective date of the election, or if the asset is transferred to another location outside of Rhode Island and is not replaced at a location in this state by an asset of at least equal value and with a similar function, all deductions claimed with respect to the property under this section shall be immediately included in the taxpayer's income for Rhode Island income tax purposes in the year of the sale, disposition, or transfer.

(b) If in any year during the five (5) year period following the effective date of the election, the average annual level of its full-time employees in this state drops below one thousand (1,000), the company shall recapture twenty percent (20%) of any benefit resulting from the election for each decrease of one hundred (100) full-time employees below the level up to a maximum of one hundred percent (100%) of the benefit.

History of Section.
(P.L. 1994, ch. 304, § 1.)