ARTICLE 24 SUBSTITUTE A AS AMENDED
Relating To Tuition Tax Credits
SECTION 1. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding thereto the following chapter:
CHAPTER 44-62
TAX CREDITS FOR CONTRIBUTIONS
TO SCHOLARSHIP ORGANIZATIONS
§ 44-62-1. Tax credit for contributions to a scholarship
organization. – General
In order to enhance the educational
opportunities available to all students in this state, a business entity will
be allowed a tax credit to be computed
as provided in this chapter for
voluntary cash contribution made by the business entity to a qualified
scholarship.
§ 44-62-2. Qualification of scholarship organization. – A scholarship organization
must certify annually by December 31st to the division of taxation that the
organization is eligible to participate in the program in accordance with
criteria as defined below:
(a) "Scholarship
organization" means a charitable organization in this state that is exempt
from federal taxation under section 501 (c)(3) of the internal revenue code,
and that allocates at least ninety percent (90%) of its annual revenue through
a scholarship program for tuition assistance grants to eligible students to
allow them to attend any qualified school of their parents' choice represented
by the scholarship organization.
(b) "Scholarship program" means a program to provide
tuition assistance grants to eligible students to attend a nonpublic school
located in this state. A scholarship program must include an application and
review process for the purpose of making these grants only to eligible
students. The award of scholarships to eligible students shall be made without
limiting availability to only students of one school.
(c) "Eligible student"
means a school-age student who is registered in a qualified school and is a member
of a household with an annual household income of not more than two hundred
fifty percent (250%) of the federal poverty guidelines as published in the
federal register by the United States department of health and human services.
(d) "Household" means one
or more persons occupying a dwelling unit and living as a single nonprofit
housekeeping unit. Household does not mean bona fide lessees, tenants, or
roomers and borders on contract.
(e) "Household income"
means all income received by all persons of a household in a
calendar year while members of the
household.
(f) "Income" means the sum
of federal adjusted gross income as defined in the internal revenue code of the
United States, 26 U.S.C. section 1 et seq., and all nontaxable income
including, but not limited to, the amount of capital gains excluded from
adjusted gross income, alimony, support money, nontaxable strike benefits, cash
public assistance and relief (not including relief granted under this chapter),
the gross amount of any pension or annuity (including Railroad Retirement Act
(see 45 U.S.C. section 231 et seq.) benefits, all payments received under the
federal Social Security Act, 42 U.S.C. section 301 et seq., state unemployment
insurance laws, and veterans' disability pensions (see 38 U.S.C. section 301 et
seq.), nontaxable interest received from the federal government or any of its
instrumentalities, workers' compensation, and the gross amount of "loss of
time" insurance. It does not include gifts from nongovernmental sources,
or surplus foods or other relief in kind supplied by a public or private
agency.
(g) "Qualified school"
means a nonpublic elementary or secondary school that is located in this state
and that satisfies the requirements prescribed by law for nonpublic schools in
this state.
(h) "School-age student"
means a child at the earliest admission age to a qualified school's
kindergarten program or, when no kindergarten program is provided, the school's
earliest admission age for beginners, until the end of the school year, the
student attains twenty-one (21) years of age or graduation from high school
whichever occurs first.
(i) Designation. A donation to a
scholarship organization, for which the donor receives a tax credit under this
provision, may not be designated to any specific school or student by the
donor.
(j) Nontaxable income. A scholarship
received by an eligible student shall not be considered to be taxable income.
§ 44-62-3. Application for the tax credit program. – (a)
Prior to the contribution, a business entity shall apply in writing to the
division of taxation. The application
shall contain such information and certification as the tax administrator deems
necessary for the proper administration of this chapter. A business entity shall be approved if it meets
the criteria of this chapter; the dollar amount of the applied for tax credit
is no greater than one hundred thousand dollars ($100,000) in any tax year, and
the scholarship organization which is to receive the contribution has qualified
under section 44-62-2.
(b) Approvals for contributions
under this section shall be made available by the division of taxation on a
first-come-first-serve basis. The total
aggregate amount of all tax credits approved shall not exceed one million
dollars ($1,000,000) in a fiscal year.
(c) The division of taxation shall
notify the business entity in writing within thirty (30) days of the receipt of
application of the division's approval or rejection of the application.
(d) Unless the contribution is part
of a two-year plan, the actual cash contribution by the business entity to a
qualified scholarship organization must be made no later than one hundred
twenty (120) days following the approval of its application. If the contribution is part of a two-year
plan, the first year’s contribution follows the general rule and the second
year’s contribution must be made in the subsequent calendar year by the same
date .
(e) The contributions must be those
charitable contributions made in cash as set forth in the Internal Revenue
Code.
§ 44-62-4. Calculation of tax credit and issuance of tax credit
certificate. -- (a)
When the contribution has been made as set forth in section 3 above, the
business entity shall apply to the division of taxation for a tax credit
certificate. The application will
include such information, documentation, and certification as the tax
administrator deems proper for the administration of this chapter including,
but not limited to a certification by an independent Rhode Island certified
public accountant that the cash
contribution has actually been made to the qualified scholarship organization.
For purposes of the proper administration of this section, an independent Rhode
Island certified public accountant shall be licensed in accordance with RIGL 5-3.1
and means a person, partnership, corporation, limited liability corporation
that is not affiliated with or an employee of said business entity or its
affiliates and is not affiliated in any manner whatsoever with a qualified
scholarship organization or scholarship program as defined in § 42-62-2 (a)
through(j).
(b) The division of taxation will
review the documentation submitted; calculate the tax credit pertaining to the
contribution, and prepare and mail a certificate for amount of credit to be
granted.
(c) Unless a two year contribution
plan is in place, the credit, is
computed at seventy-five percent (75%) of the total voluntary cash contribution
made by the business entity.
(d) The credit is available against
taxes otherwise due under provisions of chapters 11, 13, 14, 15 or 17 of this
title.
(e) (1) A two year contribution plan is based on the written
commitment of the business entity to provide the scholarship organization with
the same amount of contribution for two (2) consecutive tax years. The business
entity must provide in writing a commitment to this extended contribution to
the scholarship organization and the division of taxation at the time of
application.
(2) In the event that a two year
contribution plan is in place, the calculation of credit for each year shall be
ninety percent (90%) of the total voluntary contribution made by a business
entity
(3) In the event that, in the second
year of the plan, a business entity's contribution falls below the contribution
amount made in the first year but the second year's contribution is eighty
percent (80%) or greater than the first year's contribution, the business
entity shall receive a credit for both the first and second year contributions
equal to ninety percent (90%) of each year's contribution.
(4) If the amount of the second year
contribution is less than eighty percent (80%) of the first year contribution,
then the credit for both the first and second year contributions shall be equal
to seventy-five percent (75%) of each year's contribution. In such case, the tax administrator shall
prepare the tax credit certificate for the second year at seventy-five percent
(75%). The difference in credit
allowable for the first year [90% - 75% = 15% x first year contribution] shall
be recaptured by adding it to the taxpayer's tax in that year.
§ 44-62-5. Limitations. -- (a) The credit shall
not exceed one hundred thousand dollars ($100,000) annually per business
entity.
(b) The tax credit must be used in
the tax year the contribution was made.
Any amounts of unused tax credit may not be carried forward. The tax credit is not refundable, assignable
or transferable. The tax credit may not
reduce the tax below the state minimum tax.
(c) The credit allowed under this
chapter is only allowed against the tax of that corporation included in a
consolidated return that qualifies for the credit and not against the tax of
other corporations that may join in the filing of a consolidated tax return.
§ 44-62-6. Definitions. – The following words and
phrases used in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
(1) "Business entity"
means an entity authorized to do business in this state and subject to taxes
imposed under chapters 44-11, 44-13, 44-14, 44-15 and 44-17 of the general
laws.
(2) "Division of taxation"
means the Rhode Island division of taxation.
§ 44-62-7. Miscellaneous – Lists. – By June 30 of each year, the division of taxation shall annually publish in print and on the division of taxation’s website a list of all qualified scholarship organizations under 44-62-4. The list will indicate which scholarship organizations received contributions from business entities for which tax credits were authorized under this chapter. In addition, each scholarship organization shall submit to the division of taxation by December 31st of each year the following information, which shall be a public record: the number of scholarships distributed by the organization, per school, and the dollar range of those scholarships; a breakdown by zip code of the place of residence for each student receiving a scholarship under this program; and a description of all criteria used by the organization in determining to whom scholarships under this program shall be awarded.
SECTION 2. This article
shall take effect as of January 1, 2007.
ARTICLE 24 SUBSTITUTE A AS AMENDED
Relating To Tuition Tax Credits
SECTION 1. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding thereto the following chapter:
CHAPTER 44-62
TAX CREDITS FOR CONTRIBUTIONS
TO SCHOLARSHIP ORGANIZATIONS
§ 44-62-1. Tax credit for contributions to a scholarship
organization. – General
In order to enhance the educational
opportunities available to all students in this state, a business entity will
be allowed a tax credit to be computed
as provided in this chapter for
voluntary cash contribution made by the business entity to a qualified
scholarship.
§ 44-62-2. Qualification of scholarship organization. – A scholarship organization
must certify annually by December 31st to the division of taxation that the
organization is eligible to participate in the program in accordance with
criteria as defined below:
(a) "Scholarship organization"
means a charitable organization in this state that is exempt from federal
taxation under section 501 (c)(3) of the internal revenue code, and that
allocates at least ninety percent (90%) of its annual revenue through a
scholarship program for tuition assistance grants to eligible students to allow
them to attend any qualified school of their parents' choice represented by the
scholarship organization.
(b) "Scholarship program" means a program to provide
tuition assistance grants to eligible students to attend a nonpublic school
located in this state. A scholarship program must include an application and
review process for the purpose of making these grants only to eligible
students. The award of scholarships to eligible students shall be made without
limiting availability to only students of one school.
(c) "Eligible student"
means a school-age student who is registered in a qualified school and is a
member of a household with an annual household income of not more than two
hundred fifty percent (250%) of the federal poverty guidelines as published in
the federal register by the United States department of health and human
services.
(d) "Household" means one
or more persons occupying a dwelling unit and living as a single nonprofit
housekeeping unit. Household does not mean bona fide lessees, tenants, or
roomers and borders on contract.
(e) "Household income"
means all income received by all persons of a household in a
calendar year while members of the
household.
(f) "Income" means the sum
of federal adjusted gross income as defined in the internal revenue code of the
United States, 26 U.S.C. section 1 et seq., and all nontaxable income
including, but not limited to, the amount of capital gains excluded from
adjusted gross income, alimony, support money, nontaxable strike benefits, cash
public assistance and relief (not including relief granted under this chapter),
the gross amount of any pension or annuity (including Railroad Retirement Act
(see 45 U.S.C. section 231 et seq.) benefits, all payments received under the
federal Social Security Act, 42 U.S.C. section 301 et seq., state unemployment
insurance laws, and veterans' disability pensions (see 38 U.S.C. section 301 et
seq.), nontaxable interest received from the federal government or any of its
instrumentalities, workers' compensation, and the gross amount of "loss of
time" insurance. It does not include gifts from nongovernmental sources,
or surplus foods or other relief in kind supplied by a public or private
agency.
(g) "Qualified school"
means a nonpublic elementary or secondary school that is located in this state
and that satisfies the requirements prescribed by law for nonpublic schools in
this state.
(h) "School-age student"
means a child at the earliest admission age to a qualified school's
kindergarten program or, when no kindergarten program is provided, the school's
earliest admission age for beginners, until the end of the school year, the
student attains twenty-one (21) years of age or graduation from high school
whichever occurs first.
(i) Designation. A donation to a
scholarship organization, for which the donor receives a tax credit under this
provision, may not be designated to any specific school or student by the
donor.
(j) Nontaxable income. A scholarship
received by an eligible student shall not be considered to be taxable income.
§ 44-62-3. Application for the tax credit program. – (a)
Prior to the contribution, a business entity shall apply in writing to the
division of taxation. The application
shall contain such information and certification as the tax administrator deems
necessary for the proper administration of this chapter. A business entity shall be approved if it
meets the criteria of this chapter; the dollar amount of the applied for tax
credit is no greater than one hundred thousand dollars ($100,000) in any tax
year, and the scholarship organization which is to receive the contribution has
qualified under section 44-62-2.
(b) Approvals for contributions
under this section shall be made available by the division of taxation on a
first-come-first-serve basis. The total
aggregate amount of all tax credits approved shall not exceed one million
dollars ($1,000,000) in a fiscal year.
(c) The division of taxation shall
notify the business entity in writing within thirty (30) days of the receipt of
application of the division's approval or rejection of the application.
(d) Unless the contribution is part
of a two-year plan, the actual cash contribution by the business entity to a
qualified scholarship organization must be made no later than one hundred
twenty (120) days following the approval of its application. If the contribution is part of a two-year
plan, the first year’s contribution follows the general rule and the second
year’s contribution must be made in the subsequent calendar year by the same
date .
(e) The contributions must be those
charitable contributions made in cash as set forth in the Internal Revenue
Code.
§ 44-62-4. Calculation of tax credit and issuance of tax credit
certificate. -- (a) When
the contribution has been made as set forth in section 3 above, the business
entity shall apply to the division of taxation for a tax credit
certificate. The application will
include such information, documentation, and certification as the tax administrator
deems proper for the administration of this chapter including, but not limited
to a certification by an independent Rhode Island certified public
accountant that the cash contribution
has actually been made to the qualified scholarship organization. For purposes
of the proper administration of this section, an independent Rhode Island
certified public accountant shall be licensed in accordance with RIGL 5-3.1 and
means a person, partnership, corporation, limited liability corporation that is
not affiliated with or an employee of said business entity or its affiliates
and is not affiliated in any manner whatsoever with a qualified scholarship
organization or scholarship program as defined in § 42-62-2 (a) through(j).
(b) The division of taxation will
review the documentation submitted; calculate the tax credit pertaining to the
contribution, and prepare and mail a certificate for amount of credit to be
granted.
(c) Unless a two year contribution
plan is in place, the credit, is
computed at seventy-five percent (75%) of the total voluntary cash contribution
made by the business entity.
(d) The credit is available against
taxes otherwise due under provisions of chapters 11, 13, 14, 15 or 17 of this
title.
(e) (1) A two year contribution plan is based on the written
commitment of the business entity to provide the scholarship organization with
the same amount of contribution for two (2) consecutive tax years. The business
entity must provide in writing a commitment to this extended contribution to the
scholarship organization and the division of taxation at the time of
application.
(2) In the event that a two year
contribution plan is in place, the calculation of credit for each year shall be
ninety percent (90%) of the total voluntary contribution made by a business
entity
(3) In the event that, in the second
year of the plan, a business entity's contribution falls below the contribution
amount made in the first year but the second year's contribution is eighty
percent (80%) or greater than the first year's contribution, the business
entity shall receive a credit for both the first and second year contributions
equal to ninety percent (90%) of each year's contribution.
(4) If the amount of the second year
contribution is less than eighty percent (80%) of the first year contribution,
then the credit for both the first and second year contributions shall be equal
to seventy-five percent (75%) of each year's contribution. In such case, the tax administrator shall prepare
the tax credit certificate for the second year at seventy-five percent
(75%). The difference in credit
allowable for the first year [90% - 75% = 15% x first year contribution] shall
be recaptured by adding it to the taxpayer's tax in that year.
§ 44-62-6. Limitations. -- (a) The credit shall
not exceed one hundred thousand dollars ($100,000) annually per business
entity.
(b) The tax credit must be used in
the tax year the contribution was made.
Any amounts of unused tax credit may not be carried forward. The tax credit is not refundable, assignable
or transferable. The tax credit may not
reduce the tax below the state minimum tax.
(c) The credit allowed under this
chapter is only allowed against the tax of that corporation included in a
consolidated return that qualifies for the credit and not against the tax of
other corporations that may join in the filing of a consolidated tax return.
§ 44-62-7. Definitions. – The following words
and phrases used in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
(1) "Business entity"
means an entity authorized to do business in this state and subject to taxes
imposed under chapters 44-11, 44-13, 44-14, 44-15 and 44-17 of the general
laws.
(2) "Division of taxation"
means the Rhode Island division of taxation.
§ 44-62-8. Miscellaneous – Lists. – By June 30 of each year, the division of taxation shall annually publish in print and on the division of taxation’s website a list of all qualified scholarship organizations under 44-62-4. The list will indicate which scholarship organizations received contributions from business entities for which tax credits were authorized under this chapter. In addition, each scholarship organization shall submit to the division of taxation by December 31st of each year the following information, which shall be a public record: the number of scholarships distributed by the organization, per school, and the dollar range of those scholarships; a breakdown by zip code of the place of residence for each student receiving a scholarship under this program; and a description of all criteria used by the organization in determining to whom scholarships under this program shall be awarded.
SECTION 2. This article
shall take effect as of January 1, 2007.