2021 -- S 0229

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LC001246

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO TAXATION – REAL ESTATE CONVEYANCE TAX

     Introduced By: Senators DiPalma, Picard, and Burke

     Date Introduced: February 10, 2021

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 44-25-1 of the General Laws in Chapter 44-25 entitled "Real Estate

Conveyance Tax" is hereby amended to read as follows:

     44-25-1. Tax imposed -- Payment -- Burden.

     (a) There is imposed, on each deed, instrument, or writing by which any lands, tenements,

or other realty sold is granted, assigned, transferred, or conveyed to, or vested in, the purchaser or

purchasers, or any other person or persons, by his or her or their direction, or on any grant,

assignment, transfer, or conveyance or such vesting, by such persons which has the effect of

making any real estate company an acquired real estate company, when the consideration paid

exceeds one hundred dollars ($100), a tax at the rate of two dollars and thirty cents ($2.30) for each

five hundred dollars ($500) or fractional part of it which is paid for the purchase of property or the

interest in an acquired real estate company (inclusive of the value of any lien or encumbrance

remaining at the time of the sale, grant, assignment, transfer or conveyance or vesting occurs, or in

the case of an interest in an acquired real estate company, a percentage of the value of such lien or

encumbrance equivalent to the percentage interest in the acquired real estate company being

granted, assigned, transferred, conveyed or vested), which tax is payable at the time of making, the

execution, delivery, acceptance or presentation for recording of any instrument affecting such

transfer grant, assignment, transfer, conveyance or vesting. In the absence of an agreement to the

contrary, the tax shall be paid by the grantor, assignor, transferor or person making the conveyance

or vesting.

     (b) In the event no consideration is actually paid for the lands, tenements, or realty, the

instrument or interest in an acquired real estate company of conveyance shall contain a statement

to the effect that the consideration is such that no documentary stamps are required.

     (c) The tax administrator shall contribute to the distressed community relief program the

sum of thirty ninety cents ($.30) ($.90) per two dollars and thirty cents ($2.30) of the face value of

the stamps to be distributed pursuant to § 45-13-12, and to the housing resources commission

restricted receipts account the sum of thirty cents ($.30) per two dollars and thirty cents ($2.30) of

the face value of the stamps. Funds will be administered by the office of housing and community

development to construct and rehabilitate affordable housing as defined in § 42-128-8.1(d)(1),

through the housing resources commission. The state shall retain sixty cents ($.60) for state use.

The balance of the tax shall be retained by the municipality collecting the tax. Notwithstanding the

above, in the case of the tax on the grant, transfer, assignment or conveyance or vesting with respect

to an acquired real estate company, the tax shall be collected by the tax administrator and shall be

distributed to the municipality where the real estate owned by the acquired real estate company is

located provided, however, in the case of any such tax collected by the tax administrator, if the

acquired real estate company owns property located in more than one municipality, the proceeds

of the tax shall be allocated amongst said municipalities in the proportion the assessed value of said

real estate in each such municipality bears to the total of the assessed values of all of the real estate

owned by the acquired real estate company in Rhode Island. Provided, however, in fiscal years

2004 and 2005, from the proceeds of this tax, the tax administrator shall deposit as general revenues

the sum of ninety cents ($.90) per two dollars and thirty cents ($2.30) of the face value of the

stamps. The balance of the tax on the purchase of property shall be retained by the municipality

collecting the tax. The balance of the tax on the transfer with respect to an acquired real estate

company, shall be collected by the tax administrator and shall be distributed to the municipality

where the property for which interest is sold is physically located. Provided, however, that in the

case of any tax collected by the tax administrator with respect to an acquired real estate company

where the acquired real estate company owns property located in more than one municipality, the

proceeds of the tax shall be allocated amongst the municipalities in proportion that the assessed

value in any such municipality bears to the assessed values of all of the real estate owned by the

acquired real estate company in Rhode Island.

     (d) For purposes of this section, the term "acquired real estate company" means a real estate

company that has undergone a change in ownership interest if (i) such change does not affect the

continuity of the operations of the company; and (ii) the change, whether alone or together with

prior changes has the effect of granting, transferring, assigning or conveying or vesting, transferring

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directly or indirectly, 50% or more of the total ownership in the company within a period of three

(3) years. For purposes of the foregoing subsection (ii) hereof, a grant, transfer, assignment or

conveyance or vesting, shall be deemed to have occurred within a period of three (3) years of

another grant(s), transfer(s), assignment(s) or conveyance(s) or vesting(s) if during the period the

granting, transferring, assigning or conveying or party provides the receiving party a legally binding

document granting, transferring, assigning or conveying or vesting said realty or a commitment or

option enforceable at a future date to execute the grant, transfer, assignment or conveyance or

vesting.

     (e) A real estate company is a corporation, limited liability company, partnership or other

legal entity which meets any of the following:

     (i) Is primarily engaged in the business of holding, selling or leasing real estate, where 90%

or more of the ownership of said real estate is held by 35 or fewer persons and which company

either (a) derives 60% or more of its annual gross receipts from the ownership or disposition of real

estate; or (b) owns real estate the value of which comprises 90% or more of the value of the entity's

entire tangible asset holdings exclusive of tangible assets which are fairly transferrable and actively

traded on an established market; or

     (ii) 90% or more of the ownership interest in such entity is held by 35 or fewer persons and

the entity owns as 90% or more of the fair market value of its assets a direct or indirect interest in

a real estate company. An indirect ownership interest is an interest in an entity 90% or more of

which is held by 35 or fewer persons and the purpose of the entity is the ownership of a real estate

company.

     (f) In the case of a grant, assignment, transfer or conveyance or vesting which results in a

real estate company becoming an acquired real estate company, the grantor, assignor, transferor, or

person making the conveyance or causing the vesting, shall file or cause to be filed with the division

of taxation, at least five (5) days prior to the grant, transfer, assignment or conveyance or vesting,

notification of the proposed grant, transfer, assignment, or conveyance or vesting, the price, terms

and conditions of thereof, and the character and location of all of the real estate assets held by real

estate company and shall remit the tax imposed and owed pursuant to subsection (a) hereof. Any

such grant, transfer, assignment or conveyance or vesting which results in a real estate company

becoming an acquired real estate company shall be fraudulent and void as against the state unless

the entity notifies the tax administrator in writing of the grant, transfer, assignment or conveyance

or vesting as herein required in subsection (f) hereof and has paid the tax as required in subsection

(a) hereof. Upon the payment of the tax by the transferor, the tax administrator shall issue a

certificate of the payment of the tax which certificate shall be recordable in the land evidence

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records in each municipality in which such real estate company owns real estate. Where the real

estate company has assets other than interests in real estate located in Rhode Island, the tax shall

be based upon the assessed value of each parcel of property located in each municipality in the state

of Rhode Island.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION – REAL ESTATE CONVEYANCE TAX

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     This act would transfer the sixty ($.60) cent share of the real estate conveyance tax that is

currently retained for state use into the housing resources restricted receipts account for affordable

housing to be administered by the office of housing and community development.

     This act would take effect upon passage.

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