2022 -- S 2595 | |
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LC005223 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO TAXATION -- STATE TAX OFFICIALS | |
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Introduced By: Senators Cano, Acosta, Ciccone, Quezada, Kallman, and Euer | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 44-1-2 of the General Laws in Chapter 44-1 entitled "State Tax |
2 | Officials" is hereby amended to read as follows: |
3 | 44-1-2. Powers and duties of tax administrator. |
4 | The tax administrator is required: |
5 | (1) To assess and collect all taxes previously assessed by the division of state taxation in |
6 | the department of revenue and regulation, including the franchise tax on domestic corporations, |
7 | corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest |
8 | bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on |
9 | the manufacture of alcoholic beverages; |
10 | (2) To assess and collect the taxes upon banks and insurance companies previously |
11 | administered by the division of banking and insurance in the department of revenue and regulation, |
12 | including the tax on foreign and domestic insurance companies, tax on foreign building and loan |
13 | associations, deposit tax on savings banks, and deposit tax on trust companies; |
14 | (3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously |
15 | administered by the division of horse racing in the department of revenue and regulation; |
16 | (4) [Deleted by P.L. 2006, ch. 246, art. 38, § 10]; |
17 | (5) To assess and collect the monthly surcharges that are collected by telecommunication |
18 | services providers pursuant to § 39-21.1-14 and are remitted to the division of taxation; |
19 | (6) To audit, assess, and collect all unclaimed intangible and tangible property pursuant to |
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1 | chapter 21.1 of title 33; |
2 | (7) To provide to the department of labor and training any state tax information, state |
3 | records, or state documents they or the requesting agency certify as necessary to assist the agency |
4 | in efforts to investigate suspected misclassification of employee status, wage and hour violations, |
5 | or prevailing wage violations subject to the agency's jurisdiction, even if deemed confidential under |
6 | applicable law, provided that the confidentiality of such materials shall be maintained, to the extent |
7 | required of the releasing department by any federal or state law or regulation, by all state |
8 | departments to which the materials are released and no such information shall be publicly disclosed, |
9 | except to the extent necessary for the requesting department or agency to adjudicate a violation of |
10 | applicable law. The certification must include a representation that there is probable cause to |
11 | believe that a violation has occurred. State departments sharing this information or materials may |
12 | enter into written agreements via memorandums of understanding to ensure the safeguarding of |
13 | such released information or materials; and |
14 | (8) [Expires December 31, 2021.] To preserve the Rhode Island tax base under Rhode |
15 | Island law prior to the December 22, 2017, Congressional enactment of Public Law 115-97, The |
16 | Tax Cuts and Jobs Act, the tax administrator, upon prior written notice to the speaker of the house, |
17 | senate president, and chairpersons of the house and senate finance committees, is specifically |
18 | authorized to amend tax forms and related instructions in response to any changes the Internal |
19 | Revenue Service makes to its forms, regulations, and/or processing which will materially impact |
20 | state revenues, to the extent that impact is measurable. Any Internal Revenue Service changes to |
21 | forms, regulations, and/or processing which go into effect during the current tax year or within six |
22 | (6) months of the beginning of the next tax year and which will materially impact state revenue |
23 | will be deemed grounds for the promulgation of emergency rules and regulations under § 42-35- |
24 | 2.10. The provisions of this subsection (8) shall sunset on December 31, 2021. |
25 | (9) To gather data regarding the Rhode Island tax base generated by immigrant taxpayers |
26 | who dutifully file their federal and state tax returns using an individual taxpayer identification |
27 | number (“ITIN”). The tax administrator is specifically authorized to provide to the general |
28 | assembly data for the last two (2) complete tax years, consisting of: |
29 | (i) The total and average amount of taxes paid by ITIN filers; |
30 | (ii) The total number of ITIN filers for each of the last two (2) years; |
31 | (iii) The total number of ITIN filers filing as a business, and the total/average amount paid |
32 | in taxes; |
33 | (iv) The total number of ITIN filers filing as individuals, and the total/average amount paid |
34 | in taxes; |
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1 | (v) The total number of ITIN filers, by business and individuals, amount of taxes paid, by |
2 | municipality and zip code. |
3 | 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 -- STATE TAX OFFICIALS | |
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1 | This act would require the tax administrator to provide to the general assembly data |
2 | regarding immigrant taxpayers’ tax filings for two (2) tax years, and report its findings to the |
3 | general assembly. |
4 | This act would take effect upon passage. |
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