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ARTICLE 13 AS AMENDED |
RELATING TO TAXES AND REVENUES
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SECTION 1. Section 3-6-1 of the General Laws in Chapter 3-6 entitled "Manufacturing |
and Wholesale Licenses" is hereby amended to read as follows: |
3-6-1. Manufacturer's license. -- (a) A manufacturer's license authorizes the holder to |
establish and operate a brewery, distillery, or winery at the place described in the license for the |
manufacture of beverages within this state. The license does not authorize more than one of the |
activities of operator of a brewery or distillery or winery and a separate license shall be required |
for each plant. |
(b) The license also authorizes the sale at wholesale at the licensed place by the |
manufacturer of the product of the licensed plant to another license holder and the transportation |
and delivery from the place of sale to a licensed place or to a common carrier for that delivery. |
The license does not authorize the sale of beverages for consumption on premises where sold. |
The license does not authorize the sale of beverages in this state for delivery outside this state in |
violation of the law of the place of delivery. The license holder may provide to visitors in |
conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three |
hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces |
(72 oz) per visitor for malt beverages at the licensed plant by the manufacturer of the product of |
the licensed plant to visitors for off-premise consumption. The license does not authorize |
providing samples to a visitor of any alcoholic beverages for off-premise consumption that are |
not manufactured at the licensed plant. |
(c) The annual fee for the license is three thousand dollars ($3,000) for a distillery |
producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for |
a distillery producing less than or equal to fifty thousand (50,000) gallons per year, five hundred |
dollars ($500) for a brewery, and one thousand five hundred dollars ($1,500) for a winery |
producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per |
year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are |
prorated to the year ending December 1 in every calendar year and shall be paid to the division of |
taxation and be turned over to the general treasurer for the use of the state. |
SECTION 2. Section 3-10-1 of the General Laws in Chapter 3-10 entitled "Taxation of |
Beverages" is hereby amended to read as follows: |
3-10-1. Manufacturing tax rates -- Exemption of religious uses. -- (a) There shall be |
assessed and levied by the tax administrator on all beverages manufactured, rectified, blended, or |
reduced for sale in this state a tax of three dollars and thirty cents ($3.30) on every thirty-one (31) |
gallons, and a tax at a like rate for any other quantity or fractional part. On any beverage |
manufactured, rectified, blended, or reduced for sale in this state consisting, in whole or in part, |
of wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other strong liquors (as distinguished |
from beer or other brewery products), the tax to be assessed and levied is as follows: |
(1) Still wines (whether fortified or not), one dollar and forty cents ($1.40) per gallon; |
(2) Still wines (whether fortified or not) made entirely from fruit grown in this state, |
thirty cents ($.30) per gallon; |
(3) Sparkling wines (whether fortified or not), seventy five cents ($.75) per gallon; |
(4) Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole |
or in part of alcohol that is the product of distillation, five dollars and forty cents ($5.40) per |
gallon, except that whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting, in |
whole or in part, of alcohol that is the product of distillation but that contains alcohol measuring |
thirty (30) proof or less, one dollar and ten cents ($1.10) per gallon; |
(5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50) |
per gallon; and |
(6) Ethyl alcohol to be used for nonbeverage purposes, eight cents ($.08) per gallon. |
(b) Sacramental wines are not subject to any tax if sold directly to a member of the |
clergy for use by the purchaser or his or her congregation for sacramental or other religious |
purposes. |
(c) A brewer who brews beer in this state that is actively and directly owned, managed, |
and operated by an authorized legal entity that has owned, managed, and operated a brewery in |
this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first |
one hundred thousand (100,000) barrels of beer that it produces and distributes in this state in any |
calendar year. A barrel of beer is thirty one (31) gallons. |
(d) A distiller who distills spirits in this state that is actively and directly owned, |
managed, and operated by an authorized legal entity that has owned, managed, and operated a |
distillery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on |
the first fifty thousand (50,000) gallons of distilled spirits that it produces and distributes in this |
state in any calendar year. |
SECTION 3. Section 7-12-56 of the General Laws in Chapter 7-12 entitled |
"Partnerships" is hereby amended to read as follows: |
7-12-56. Registered limited liability partnerships. -- (a) To become, and to continue as, |
a registered, limited liability partnership, a partnership shall file with the secretary of state an |
application, or a renewal application, stating the name of the partnership,; the address of its |
principal office,; if the partnership's principal office is not located in this state,; the address of a |
registered office; and the name and address of a registered agent for service of process in this |
state which that a partnership is required to maintain. In addition, partnerships under this section |
shall provide the names and addresses of all resident partners,; the place where the business |
records of the partnership are maintained,; or if more than one location for business records is |
maintained, then the principal place of business of the partnership,; number, a brief statement of |
the business in which the partnership engaged,; and that the partnership applies for status, or |
renewal of its status, as a registered limited liability partnership. |
(b) The application or renewal application is executed by a majority in interest of the |
partners or by one or more partners authorized to execute an application or renewal application. |
(c) The application or renewal application is accompanied by a fee of one hundred |
dollars ($100) one hundred fifty dollars ($150) for each partner, not to exceed two thousand five |
hundred dollars ($2,500) for each partnership's initial filing or subsequent renewal application. |
Renewal applications are to be filed yearly and are to be accompanied by a fee of fifty |
dollars ($50.00). |
(d) The secretary of state shall register as a registered, limited liability partnership, and |
shall renew the registration of any limited liability partnership, any partnership that submits a |
completed application or renewal application with the required fee. |
(e) Registration is effective for one year after the date an application is filed, unless |
voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed |
by a majority in interest of the partners or by one or more partners authorized to execute a |
withdrawal. Registration, whether pursuant to an original application or a renewal application, as |
a registered limited liability partnership is renewed if, during the sixty- (60) day (60) period |
preceding the date the application or renewal application otherwise would have expired, the |
partnership filed with the secretary of state a renewal application. A renewal application expires |
one year after the date an original application would have expired if the last renewal of the |
application had not occurred. |
(f) The status of a partnership as a registered, limited liability partnership is not affected |
by changes after the filing of an application or a renewal application in the information stated in |
the application or renewal application. |
(g) The secretary of state may provide forms for application for, or renewal of, |
registration. Any renewals shall maintain resident partners as set out in this section. |
(h) A partnership that registers as a registered, limited liability partnership is not deemed |
to have dissolved as a result of that registration and is for all purposes the same partnership that |
existed before the registration and continues to be a partnership under the laws of this state. If a |
registered, limited liability partnership dissolves, a partnership which that is a successor to the |
registered, limited liability partnership and which that intends to be a registered, limited liability |
partnership is not required to file a new application and is deemed to have filed any documents |
required or permitted under this chapter which that were filed by the predecessor partnership. |
(i) The fact that an application or renewal application is on file in the office of the |
secretary of state is notice that the partnership is a registered, limited liability partnership and is |
notice of all other facts stated in the application or renewal application. |
SECTION 4. Section 7-12-60 of the General Laws in Chapter 7-12 entitled |
"Partnerships" is hereby amended to read as follows: |
7-12-60. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax |
years beginning on or after January 1, 2012, a limited liability partnership registered under § 7- |
12-56, shall file a return in the form and containing the information as prescribed by the tax |
administrator as follows: |
(1) If the fiscal year of the limited liability partnership is the calendar year, on or before |
the fifteenth (15th) day of April in the year following the close of the fiscal year; and |
(2) If the fiscal year of the limited liability partnership is not a calendar year, on or |
before the fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year. |
(b) For tax years beginning after December 31, 2015, a limited liability partnership |
registered under §7-12-56, shall file a return, in the form and containing the information as |
prescribed by the tax administrator, and shall be filed on or before the date a federal tax return is |
due to be filed, without regard to extension. |
(b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under |
subsection 44-11-2(e), shall be due on the filing of the limited liability partnership's return filed |
with the tax administrator and shall be paid to the division of taxation. |
(c)(d) The annual charge is delinquent if not paid by the due date for the filing of the |
return and an addition of one hundred dollars ($100) to the charge is then due. |
SECTION 5. Section 7-13-69 of the General Laws in Chapter 7-13 entitled "Limited |
Partnerships" is hereby amended to read as follows: |
7-13-69. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax |
years beginning on or after January 1, 2012, a limited partnership certified under this chapter |
shall file a return, in the form and containing the information as prescribed by the tax |
administrator, as follows: |
(1) If the fiscal year of the limited partnership is the calendar year, on or before the |
fifteenth (15th) day of April in the year following the close of the fiscal year; and |
(2) If the fiscal year of the limited partnership is not a calendar year, on or before the |
fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year. |
(b) For tax years beginning after December 31, 2015, a limited partnership certified under |
this chapter shall file a return, in the form and containing the information as prescribed by the tax |
administrator, and shall be filed on or before the date a federal tax return is due to be filed, |
without regard to extension. |
(b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under |
subsection 44-11-2(e), shall be due on the filing of the limited partnership's return filed with the |
tax administrator and shall be paid to the division of taxation. |
(c)(d) The annual charge is delinquent if not paid by the due date for the filing of the |
return and an addition of one hundred dollars ($100) to the charge is then due. |
SECTION 6. Section 7-16-67 of the General Laws in Chapter 7-16 entitled "The Rhode |
Island Limited Liability Company Act" is hereby amended to read as follows: |
7-16-67. Filing of returns with the tax administrator -- Annual charge. -- (a) A |
return, in the form and containing the information as the tax administrator may prescribe, shall be |
filed with the tax administrator by the limited liability company: |
(1) In case the fiscal year of the limited liability company is the calendar year, on or |
before the fifteenth day of March in the year following the close of the fiscal year; and |
(2) In case the fiscal year of the limited liability company is not a calendar year, on or |
before the fifteenth day of the third month following the close of the fiscal year. |
(b) For tax years on or after January 1, 2016, a return, in the form and containing the |
information as the tax administrator may prescribe, shall be filed with the tax administrator by the |
limited liability company and shall be filed on or before the date a federal tax return is due to be |
filed, without regard to extension. |
(b)(c) An annual charge shall be due on the filing of the limited liability company's |
return filed with the tax administrator and shall be paid to the Ddivision of Ttaxation as follows: |
(1) If the limited liability company is treated as a corporation for purposes of federal |
income taxation, it shall pay the taxes as provided in chapters 11 and 12 of title 44; or |
(2) If the limited liability company is not treated as a corporation for purposes of federal |
income taxation, it shall pay a fee in an amount equal to the minimum tax imposed upon a |
corporation under § 44-11-2(e). The due date for a limited liability company that is not treated as |
a corporation for purposes of federal income taxation shall be on or before the fifteenth (15th) day |
of the fourth (4th) month following the close of the fiscal year. |
(d) For tax years on or after January 1, 2016, a return, in the form and containing the |
information as the tax administrator may prescribe, shall be filed with the tax administrator by the |
limited liability company and shall be filed on or before the date a federal tax return is due to be |
filed, without regard to extension. |
(c)(e) The annual charge is delinquent if not paid by the due date for the filing of the |
return and an addition of one hundred dollars ($100.00) to the charge is then due. |
SECTION 7. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled |
“Licensing of Health Care Facilities” is hereby amended to read as follows: |
23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at |
the rate of five and seven hundred forty five thousandths percent (5.745%) upon the net patient |
services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, |
2013, except that the license fee for all hospitals located in Washington County, Rhode Island |
shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals |
is subject to approval by the Secretary of the US Department of Health and Human Services of a |
state plan amendment submitted by the executive office of health and human services for the |
purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This |
licensing fee shall be administered and collected by the tax administrator, division of taxation |
within the department of revenue, and all the administration, collection and other provisions of |
chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax |
administrator on or before July 13, 2015 and payments shall be made by electronic transfer of |
monies to the general treasurer and deposited to the general fund. Every hospital shall, on or |
before June 15, 2015, make a return to the tax administrator containing the correct computation of |
net patient services revenue for the hospital fiscal year ending September 30, 2013, and the |
licensing fee due upon that amount. All returns shall be signed by the hospital's authorized |
representative, subject to the pains and penalties of perjury. |
(b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred |
sixty-two thousandths percent (5.862%) upon the net patient-services revenue of every hospital |
for the hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for |
all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven |
percent (37%). The discount for Washington County hospitals is subject to approval by the |
Secretary of the U.S. Department of Health and Human Services of a state plan amendment |
submitted by the executive office of health and human services for the purpose of pursuing a |
waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be |
administered and collected by the tax administrator, division of taxation within the department of |
revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall |
apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 11, |
2016, and payments shall be made by electronic transfer of monies to the general treasurer and |
deposited to the general fund. Every hospital shall, on or before June 13, 2016, make a return to |
the tax administrator containing the correct computation of net patient-services revenue for the |
hospital fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All |
returns shall be signed by the hospital's authorized representative, subject to the pains and |
penalties of perjury. |
(b) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty- |
two thousandths percent (5.652%) upon the net patient-services revenue of every hospital for the |
hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all |
hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent |
(37%). The discount for Washington County hospitals is subject to approval by the Secretary of |
the U.S. Department of Health and Human Services of a state plan amendment submitted by the |
executive office of health and human services for the purpose of pursuing a waiver of the |
uniformity requirement for the hospital license fee. This licensing fee shall be administered and |
collected by the tax administrator, division of taxation within the department of revenue, and all |
the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every |
hospital shall pay the licensing fee to the tax administrator on or before July 10, 2017, and |
payments shall be made by electronic transfer of monies to the general treasurer and deposited to |
the general fund. Every hospital shall, on or before June 14, 2017, make a return to the tax |
administrator containing the correct computation of net patient-services revenue for the hospital |
fiscal year ending September 30, 2015 and the licensing fee due upon that amount. All returns |
shall be signed by the hospital's authorized representative, subject to the pains and penalties of |
perjury. |
(c) For purposes of this section the following words and phrases have the following |
meanings: |
(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island, |
licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on |
that license, regardless of changes in licensure status pursuant to § 23-17.14 chapter 17.14 of |
title 23 (hospital conversions) and §23-17-6(b) (change in effective control), that provides short- |
term acute inpatient and/or outpatient care to persons who require definitive diagnosis and |
treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, |
the negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires |
a hospital through receivership, special mastership, or other similar state insolvency proceedings |
(which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based |
upon the newly negotiated rates between the court-approved purchaser and the health plan, and |
such rates shall be effective as of the date that the court-approved purchaser and the health plan |
execute the initial agreement containing the newly negotiated rate. The rate-setting methodology |
for inpatient hospital payments and outpatient hospital payments set for the forth in §§ 40-8- |
13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases |
for each annual twelve- (12) month (12) period as of July 1 following the completion of the first |
full year of the court-approved purchaser's initial Medicaid managed care contract. |
(2) "Gross patient-services revenue" means the gross revenue related to patient care |
services. |
(3) "Net patient-services revenue" means the charges related to patient care services less |
(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances. |
(d) The tax administrator shall make and promulgate any rules, regulations, and |
procedures not inconsistent with state law and fiscal procedures that he or she deems necessary |
for the proper administration of this section and to carry out the provisions, policy, and purposes |
of this section. |
(e) The licensing fee imposed by this section shall apply to hospitals as defined herein |
that are duly licensed on July 1, 2015 2016, and shall be in addition to the inspection fee imposed |
by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1. |
SECTION 8. Section 31-36.1-18 of the General Laws in Chapter 31-36.1 entitled "Fuel |
Use Reporting Law" is hereby amended to read as follows: |
31-36.1-18. Disposition of proceeds. -- All money collected under the provisions of this |
chapter shall be deposited as general revenues deposited in the intermodal surface transportation |
fund as established in §31-36-20 of the general laws. |
SECTION 9. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business |
Corporation Tax" is hereby amended to read as follows: |
44-11-2. Imposition of tax. [Effective until January 1, 2017.] -- (a) Each corporation |
shall annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44- |
11-11, qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11- |
15, for the taxable year. For tax years beginning on or after January 1, 2015, each corporation |
shall annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in § |
44-11-13 - 44-11-15, for the taxable year. |
(b) A corporation shall pay the amount of any tax as computed in accordance with |
subsection (a) of this section after deducting from "net income," as used in this section, fifty |
percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if |
for the taxable year: |
(1) The corporation is engaged in buying, selling, dealing in, or holding securities on its |
own behalf and not as a broker, underwriter, or distributor; |
(2) Its gross receipts derived from these activities during the taxable year amounted to at |
least ninety percent (90%) of its total gross receipts derived from all of its activities during the |
year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable |
consideration, received during the taxable year in connection with the conduct of the taxpayer's |
activities. |
(c) A corporation shall not pay the amount of the tax computed on the basis of its net |
income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten |
cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of |
one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the |
corporation is either a "personal holding company" registered under the federal Investment |
Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real |
estate investment trust" as defined in the federal income tax law applicable to the taxable year. |
"Gross income" means gross income as defined in the federal income tax law applicable to the |
taxable year, plus: |
(1) Any interest not included in the federal gross income; minus |
(2) Interest on obligations of the United States or its possessions, and other interest |
exempt from taxation by this state; and minus |
(3) Fifty percent (50%) of the excess of capital gains over capital losses realized during |
the taxable year. |
(d) (1) A small business corporation having an election in effect under subchapter S, 26 |
U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except |
that the corporation shall be subject to the provisions of subsection (a), to the extent of the income |
that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after |
January 1, 2015, a small business corporation having an election in effect under subchapter S, 26 |
U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e). |
(2) The shareholders of the corporation who are residents of Rhode Island shall include |
in their income their proportionate share of the corporation's federal taxable income. |
(3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.] |
(4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] |
(e) Minimum tax. - The tax imposed upon any corporation under this section, including a |
small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et |
seq., shall not be less than four hundred fifty dollars ($450). |
44-11-2. Imposition of tax. [Effective January 1, 2017.] -- (a) Each corporation shall |
annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-11-11, |
qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11-15, for |
the taxable year. For tax years beginning on or after January 1, 2015, each corporation shall |
annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in § 44-11- |
13 - 44-11-15, for the taxable year. |
(b) A corporation shall pay the amount of any tax as computed in accordance with |
subsection (a) of this section after deducting from "net income," as used in this section, fifty |
percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if |
for the taxable year: |
(1) The corporation is engaged in buying, selling, dealing in, or holding securities on its |
own behalf and not as a broker, underwriter, or distributor; |
(2) Its gross receipts derived from these activities during the taxable year amounted to at |
least ninety percent (90%) of its total gross receipts derived from all of its activities during the |
year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable |
consideration, received during the taxable year in connection with the conduct of the taxpayer's |
activities. |
(c) A corporation shall not pay the amount of the tax computed on the basis of its net |
income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten |
cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of |
one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the |
corporation is either a "personal holding company" registered under the federal Investment |
Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real |
estate investment trust" as defined in the federal income tax law applicable to the taxable year. |
"Gross income" means gross income as defined in the federal income tax law applicable to the |
taxable year, plus: |
(1) Any interest not included in the federal gross income; minus |
(2) Interest on obligations of the United States or its possessions, and other interest |
exempt from taxation by this state; and minus |
(3) Fifty percent (50%) of the excess of capital gains over capital losses realized during |
the taxable year. |
(d) (1) A small business corporation having an election in effect under subchapter S, 26 |
U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except |
that the corporation shall be subject to the provisions of subsection (a), to the extent of the income |
that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after |
January 1, 2015, a small business corporation having an election in effect under subchapter S, 26 |
U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e). |
(2) The shareholders of the corporation who are residents of Rhode Island shall include |
in their income their proportionate share of the corporation's federal taxable income. |
(3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.] |
(4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] |
(e) Minimum tax. - The tax imposed upon any corporation under this section, including a |
small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et |
seq., shall not be less than four hundred fifty dollars ($450) four hundred dollars ($400) |
44-11-2. Imposition of tax. -- (a) Each corporation shall annually pay to the state a tax |
equal to nine percent (9%) of net income, as defined in § 44-11-11, qualified in § 44-11-12, and |
apportioned to this state as provided in §§ 44-11-13 -- - 44-11-15, for the taxable year. For tax |
years beginning on or after January 1, 2015, each corporation shall annually pay to the state a tax |
equal to seven percent (7.0%) of net income, as defined in § 44-11-13 - 44-11-15, for the taxable |
year. |
(b) A corporation shall pay the amount of any tax as computed in accordance with |
subsection (a) of this section after deducting from "net income," as used in this section, fifty |
percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if |
for the taxable year: |
(1) The corporation is engaged in buying, selling, dealing in, or holding securities on its |
own behalf and not as a broker, underwriter, or distributor; |
(2) Its gross receipts derived from these activities during the taxable year amounted to at |
least ninety percent (90%) of its total gross receipts derived from all of its activities during the |
year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable |
consideration, received during the taxable year in connection with the conduct of the taxpayer's |
activities. |
(c) A corporation shall not pay the amount of the tax computed on the basis of its net |
income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten |
cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of |
one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the |
corporation is either a "personal holding company" registered under the federal Investment |
Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real |
estate investment trust" as defined in the federal income tax law applicable to the taxable year. |
"Gross income" means gross income as defined in the federal income tax law applicable to the |
taxable year, plus: |
(1) Any interest not included in the federal gross income; minus |
(2) Interest on obligations of the United States or its possessions, and other interest |
exempt from taxation by this state; and minus |
(3) Fifty percent (50%) of the excess of capital gains over capital losses realized during |
the taxable year. |
(d) (1) A small business corporation having an election in effect under subchapter S, 26 |
U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except |
that the corporation shall be subject to the provisions of subsection (a), to the extent of the income |
that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after |
January 1, 2015, a small business corporation having an election in effect under subchapter S, 26 |
U.S.C. § 1261 et seq., shall be subject to the minimum tax under § 44-11-2(e). |
(2) The shareholders of the corporation who are residents of Rhode Island shall include |
in their income their proportionate share of the corporation's federal taxable income. |
(3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.] |
(4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] |
(e) Minimum tax. - The tax imposed upon any corporation under this section, including a |
small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et |
seq., shall not be less than four hundred fifty dollars ($450). For tax years beginning on or after |
January 1, 2017, the tax imposed shall not be less than four hundred dollars ($400). |
SECTION 10. Section 44-11-3 of the General Laws in Chapter 44-11 entitled "Business |
Corporation Tax" is hereby amended to read as follows: |
44-11-3. Filing of returns -- Due date. – (a) For tax years beginning before January 1, |
2016, a A return, in the form and containing the information that the tax administrator may |
prescribe, shall be filed with the tax administrator by the taxpayer: |
(1) In case the taxable year of the taxpayer is the calendar year, on or before March 15 in |
the year following the close of the taxable year; and |
(2) In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth |
(15th) day of the third (3rd) month following the close of the fiscal year. |
(b) For tax years beginning after December 31, 2015, a return, in the form and containing |
the information as the tax administrator may prescribe, shall be filed with the tax administrator by |
the taxpayer taxed as an S corporation and shall be filed on or before the date a federal tax return |
is due to be filed, without regard to extension. |
(c) For tax years beginning after December 31, 2015, a return, in the form and containing |
the information that the tax administrator may prescribe, shall be filed with the tax administrator |
by the taxpayer taxed as a C corporation and shall be filed on or before the date a federal return is |
due to be filed, without regard to extension. |
(d) Notwithstanding the provisions of subsection (a) and (b) of this section, a C |
corporation with a tax year ending June 30 shall, in accordance with federal tax filing |
requirements, not change its filing date until mandated by federal law which is currently due to be |
effective close of fiscal year ending June 30, 2026. |
SECTION 11. Section 44-13-6 of the General Laws in Chapter 44-13 entitled "Public |
Service Corporation Tax" is hereby amended to read as follows: |
44-13-6. Due date of annual return. -- Every corporation shall file a return with the tax |
administrator on or before March 1 of each year. For tax years beginning after December 31, |
2015, a return, in the form and containing the information as the tax administrator may prescribe, |
shall be filed with the tax administrator by every corporation and shall be filed on or before the |
date its federal tax return is due to be filed, without regard to extension. |
SECTION 12. Section 44-14-6 of the General Laws in Chapter 44-14 entitled "Taxation |
of Banks" is hereby amended to read as follows: |
44-14-6. Filing of annual return. – (a) Every taxpayer shall file a return with the tax |
administrator: |
(1) In case the taxable year of the taxpayer is the calendar year, on or before March 15 in |
the year following the close of the taxable year; and |
(2) In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth |
(15th) day of the third (3rd) month following the close of the fiscal year. |
(b) For tax years beginning after December 31, 2015, a return, in the form and containing |
the information that the tax administrator may prescribe, shall be filed with the tax administrator |
by the taxpayer on or before the date a federal return is due to be filed, without regard to |
extension. |
SECTION 13. Section 44-17-1 of the General Laws in Chapter 44-17 entitled "Taxation |
of Insurance Companies" is hereby amended to read as follows: |
44-17-1. Companies required to file -- Payment of tax -- Retaliatory rates. -- Every |
domestic, foreign, or alien insurance company, mutual association, organization, or other insurer, |
including any health maintenance organization, as defined in § 27-41-1, any medical malpractice |
insurance joint underwriters association as defined in § 42-14.1-1, any nonprofit dental service |
corporation as defined in § 27-20.1-2 and any nonprofit hospital or medical service corporation, |
as defined in chapters 27-19 and 27-20, except companies mentioned in § 44-17-6, and |
organizations defined in § 27-25-1, transacting business in this state, shall, on or before March 1 |
April 15 in each year, file with the tax administrator, in the form that he or she may prescribe, a |
return under oath or affirmation signed by a duly authorized officer or agent of the company, |
containing information that may be deemed necessary for the determination of the tax imposed by |
this chapter, and shall at the same time pay an annual tax to the tax administrator of two percent |
(2%) of the gross premiums on contracts of insurance, except for ocean marine insurance, as |
referred to in § 44-17-6, covering property and risks within the state, written during the calendar |
year ending December 31st next preceding, but in the case of foreign or alien companies, except |
as provided in § 27-2-17(d) the tax is not less in amount than is imposed by the laws of the state |
or country under which the companies are organized upon like companies incorporated in this |
state or upon its agents, if doing business to the same extent in the state or country. |
SECTION 14. Section 44-18-7.3 of the General Laws in Chapter 44-18 entitled "Sales |
and Use Taxes - Liability and Computation" is hereby amended to read as follows: |
44-18-7.3. Services defined. -- (a) "Services" means all activities engaged in for other |
persons for a fee, retainer, commission, or other monetary charge, which activities involve the |
performance of a service in this state as distinguished from selling property. |
(b) The following businesses and services performed in this state, along with the |
applicable 2007 North American Industrial Classification System (NAICS) codes, are included in |
the definition of services: |
(1) Taxicab and limousine services including but not limited to: |
(i) Taxicab services including taxi dispatchers (485310); and |
(ii) Limousine services (485320). |
(2) Other road transportation service including but not limited to: |
(i) Charter bus service (485510); and |
(ii) "Transportation network companies" (TNC) defined as an entity that uses a digital |
network to connect transportation network company riders to transportation network operators |
who provide prearranged rides. Any TNC operating in this state is a retailer as provided in §44- |
18-15 and is required to file a business application and registration form and obtain a permit to |
make sales at retail with the tax administrator, to charge, collect, and remit Rhode Island sales |
and use tax; and |
(ii)(iii) All other transit and ground passenger transportation (485999). |
(3) Pet care services (812910) except veterinary and testing laboratories services. |
(4) (i) "Room reseller" or "reseller" means any person, except a tour operator as defined |
in § 42-63.1-2, having any right, permission, license, or other authority from or through a hotel as |
defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the |
reservation or transfer of which is subject to this chapter, such that the occupant pays all or a |
portion of the rental and other fees to the room reseller or reseller, room reseller or reseller shall |
include, but not be limited to, sellers of travel packages as defined in this section. |
Notwithstanding the provisions of any other law, where said reservation or transfer of occupancy |
is done using a room reseller or reseller, the application of the sales and use under §§ 44-18-18 |
and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or |
reseller is required to register with, and shall collect and pay to, the tax administrator the sales |
and use and hotel taxes, with said taxes being calculated upon the amount of rental and other fees |
paid by the occupant to the room reseller or reseller, less the amount of any rental and other fees |
paid by the room reseller or reseller to the hotel. The hotel shall collect and pay to the tax |
administrator said taxes upon the amount of rental and other fees paid to the hotel by the room |
reseller or reseller and/or the occupant. No assessment shall be made by the tax administrator |
against a hotel because of an incorrect remittance of the taxes under this chapter by a room |
reseller or reseller. No assessment shall be made by the tax administrator against a room reseller |
or reseller because of an incorrect remittance of the taxes under this chapter by a hotel. If the |
hotel has paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller, |
as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller has paid said |
taxes, the occupant shall reimburse the room reseller or reseller for said taxes. Each hotel and |
room reseller or reseller shall add and collect, from the occupant or the room reseller or the |
reseller, the full amount of the taxes imposed on the rental and other fees. When added to the |
rental and other fees, the taxes shall be a debt owed by the occupant to the hotel or room reseller |
or reseller, as applicable, and shall be recoverable at law in the same manner as other debts. The |
amount of the taxes collected by the hotel and/or room reseller or reseller from the occupant |
under this chapter shall be stated and charged separately from the rental and other fees, and shall |
be shown separately on all records thereof, whether made at the time the transfer of occupancy |
occurs, or on any evidence of the transfer issued or used by the hotel or the room reseller or the |
reseller. A room reseller or reseller shall not be required to disclose to the occupant the amount of |
tax charged by the hotel; provided, however, the room reseller or reseller shall represent to the |
occupant that the separately stated taxes charged by the room reseller or reseller include taxes |
charged by the hotel. No person shall operate a hotel in this state, or act as a room reseller or |
reseller for any hotel in the state, unless the tax administrator has issued a permit pursuant to § |
44-19-1. |
(ii) "Travel package" means a room, or rooms, bundled with one or more other, separate |
components of travel such as air transportation, car rental, or similar items, which travel package |
is charged to the customer or occupant for a single, retail price. When the room occupancy is |
bundled for a single consideration, with other property, services, amusement charges, or any other |
items, the separate sale of which would not otherwise be subject to tax under this chapter, the |
entire single consideration shall be treated as the rental or other fees for room occupancy subject |
to tax under this chapter; provided, however, that where the amount of the rental, or other fees for |
room occupancy is stated separately from the price of such other property, services, amusement |
charges, or other items, on any sales slip, invoice, receipt, or other statement given the occupant, |
and such rental and other fees are determined by the tax administrator to be reasonable in relation |
to the value of such other property, services, amusement charges, or other items, only such |
separately stated rental and other fees will be subject to tax under this chapter. The value of the |
transfer of any room, or rooms, bundled as part of a travel package may be determined by the tax |
administrator from the room reseller's and/or reseller's and/or hotel's books and records that are |
kept in the regular course of business. |
(c) All services as defined herein are required to file a business application and |
registration form and obtain a permit to make sales at retail with the tax administrator, to charge, |
collect, and remit Rhode Island sales and use tax. |
(c)(d) The tax administrator is authorized to promulgate rules and regulations in |
accordance with the provisions of chapter 42-35 to carry out the provisions, policies, and |
purposes of this chapter. |
SECTION 15. Section 44-30-2.6 of General Laws in Chapter 44-30 entitled “Personal |
Income Tax” is hereby amended to read as follows: |
44-30-2.6. Rhode Island taxable income -- Rate of tax. -- (a) "Rhode Island taxable |
income" means federal taxable income as determined under the Internal Revenue Code, 26 U.S.C. |
§ 1 et seq., not including the increase in the basic, standard-deduction amount for married couples |
filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and |
the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and as modified by |
the modifications in § 44-30-12. |
(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on |
or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island |
taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty- |
five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year |
2002 and thereafter of the federal income tax rates, including capital gains rates and any other |
special rates for other types of income, except as provided in § 44-30-2.7, which were in effect |
immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of |
2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator |
beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the |
commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or |
after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in § 44-30- |
2.10 to calculate his or her personal income tax liability. |
(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative |
minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode |
Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by |
multiplying the federal tentative minimum tax without allowing for the increased exemptions |
under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal |
form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) |
for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing |
the product to the Rhode Island tax as computed otherwise under this section. The excess shall be |
the taxpayer's Rhode Island alternative minimum tax. |
(1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption |
amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by |
the tax administrator in the manner prescribed for adjustment by the commissioner of Internal |
Revenue in 26 U.S.C. § 1(f). |
(2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode |
Island taxable income shall be determined by deducting from federal adjusted gross income as |
defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island |
itemized-deduction amount and the Rhode Island exemption amount as determined in this |
section. |
(A) Tax imposed. |
(1) There is hereby imposed on the taxable income of married individuals filing joint |
returns and surviving spouses a tax determined in accordance with the following table: |
If taxable income is: The tax is: |
Not over $53,150 3.75% of taxable income |
Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 |
Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 |
Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 |
Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 |
(2) There is hereby imposed on the taxable income of every head of household a tax |
determined in accordance with the following table: |
If taxable income is: The tax is: |
Not over $42,650 3.75% of taxable income |
Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 |
Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 |
Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 |
Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 |
(3) There is hereby imposed on the taxable income of unmarried individuals (other than |
surviving spouses and heads of households) a tax determined in accordance with the following |
table: |
If taxable income is: The tax is: |
Not over $31,850 3.75% of taxable income |
Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 |
Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 |
Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 |
Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 |
(4) There is hereby imposed on the taxable income of married individuals filing separate |
returns and bankruptcy estates a tax determined in accordance with the following table: |
If taxable income is: The tax is: |
Not over $26,575 3.75% of taxable income |
Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 |
Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 |
Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 |
Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 |
(5) There is hereby imposed a taxable income of an estate or trust a tax determined in |
accordance with the following table: |
If taxable income is: The tax is: |
Not over $2,150 3.75% of taxable income |
Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 |
Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 |
Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 |
Over $10,450 $737.50 plus 9.90% of the excess over $10,450 |
(6) Adjustments for inflation. The dollars amount contained in paragraph (A) shall be |
increased by an amount equal to: |
(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; |
(b) The cost-of-living adjustment determined under section (J) with a base year of 1993; |
(c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making |
adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall |
be determined under section (J) by substituting "1994" for "1993." |
(B) Maximum capital gains rates |
(1) In general. |
If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax |
imposed by this section for such taxable year shall not exceed the sum of: |
(a) 2.5 % of the net capital gain as reported for federal income tax purposes under section |
26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b). |
(b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. |
1(h)(1)(c). |
(c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 |
U.S.C. 1(h)(1)(d). |
(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. |
1(h)(1)(e). |
(2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital |
gain shall be determined under subdivision 44-30-2.6(c)(2)(A). |
(C) Itemized deductions. |
(1) In general. |
For the purposes of section (2), "itemized deductions" means the amount of federal |
itemized deductions as modified by the modifications in § 44-30-12. |
(2) Individuals who do not itemize their deductions. |
In the case of an individual who does not elect to itemize his deductions for the taxable |
year, they may elect to take a standard deduction. |
(3) Basic standard deduction. The Rhode Island standard deduction shall be allowed in |
accordance with the following table: |
Filing status Amount |
Single $5,350 |
Married filing jointly or qualifying widow(er) $8,900 |
Married filing separately $4,450 |
Head of Household $7,850 |
(4) Additional standard deduction for the aged and blind. An additional standard |
deduction shall be allowed for individuals age sixty-five (65) or older or blind in the amount of |
$1,300 for individuals who are not married and $1,050 for individuals who are married. |
(5) Limitation on basic standard deduction in the case of certain dependents. In the case |
of an individual to whom a deduction under section (E) is allowable to another taxpayer, the basic |
standard deduction applicable to such individual shall not exceed the greater of: |
(a) $850; |
(b) The sum of $300 and such individual's earned income; |
(6) Certain individuals not eligible for standard deduction. In the case of: |
(a) A married individual filing a separate return where either spouse itemizes deductions; |
(b) Nonresident alien individual; |
(c) An estate or trust; |
The standard deduction shall be zero. |
(7) Adjustments for inflation. Each dollars amount contained in paragraphs (3), (4) and |
(5) shall be increased by an amount equal to: |
(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, |
multiplied by |
(b) The cost-of-living adjustment determined under section (J) with a base year of 1988. |
(D) Overall limitation on itemized deductions |
(1) General rule. |
In the case of an individual whose adjusted gross income as modified by § 44-30-12 |
exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the |
taxable year shall be reduced by the lesser of: |
(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 |
over the applicable amount; or |
(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable |
for such taxable year. |
(2) Applicable amount. |
(a) In general. |
For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in |
the case of a separate return by a married individual) |
(b) Adjustments for inflation. Each dollar amount contained in paragraph (a) shall be |
increased by an amount equal to: |
(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by |
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. |
(3) Phase-out of Limitation. |
(a) In general. |
In the case of taxable year beginning after December 31, 2005, and before January 1, |
2010, the reduction under section (1) shall be equal to the applicable fraction of the amount which |
would be the amount of such reduction. |
(b) Applicable fraction. For purposes of paragraph (a), the applicable fraction shall be |
determined in accordance with the following table: |
For taxable years beginning in calendar year The applicable fraction is |
2006 and 2007 2/3 |
2008 and 2009 1/3 |
(E) Exemption amount |
(1) In general. |
Except as otherwise provided in this subsection, the term "exemption amount" means |
$3,400. |
(2) Exemption amount disallowed in case of certain dependents. |
In the case of an individual with respect to whom a deduction under this section is |
allowable to another taxpayer for the same taxable year, the exemption amount applicable to such |
individual for such individual's taxable year shall be zero. |
(3) Adjustments for inflation. |
The dollar amount contained in paragraph (1) shall be increased by an amount equal to: |
(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by |
(b) The cost-of-living adjustment determined under section (J) with a base year of 1989. |
(4) Limitation. |
(a) In general. |
In the case of any taxpayer whose adjusted gross income as modified for the taxable year |
exceeds the threshold amount shall be reduced by the applicable percentage. |
(b) Applicable percentage. In the case of any taxpayer whose adjusted gross income for |
the taxable year exceeds the threshold amount, the exemption amount shall be reduced by two (2) |
percentage points for each $2,500 (or fraction thereof) by which the taxpayer's adjusted gross |
income for the taxable year exceeds the threshold amount. In the case of a married individual |
filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for |
"$2,500." In no event shall the applicable percentage exceed one hundred percent (100%). |
(c) Threshold Amount. For the purposes of this paragraph, the term "threshold amount" |
shall be determined with the following table: |
Filing status Amount |
Single $156,400 |
Married filing jointly of qualifying widow(er) $234,600 |
Married filing separately $117,300 |
Head of Household $195,500 |
(d) Adjustments for inflation. |
Each dollars amount contain in paragraph (b) shall be increased by an amount equal to: |
(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by |
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. |
(5) Phase-out of Limitation. |
(a) In general. |
In the case of taxable years beginning after December 31, 2005, and before January 1, |
2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which |
would be the amount of such reduction. |
(b) Applicable fraction. For the purposes of paragraph (a), the applicable fraction shall |
be determined in accordance with the following table: |
For taxable years beginning in calendar year The applicable fraction is |
2006 and 2007 2/3 |
2008 and 2009 1/3 |
(F) Alternative minimum tax |
(1) General rule. - There is hereby imposed (in addition to any other tax imposed by this |
subtitle) a tax equal to the excess (if any) of: |
(a) The tentative minimum tax for the taxable year, over |
(b) The regular tax for the taxable year. |
(2) The tentative minimum tax for the taxable year is the sum of: |
(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus |
(b) 7.0 percent of so much of the taxable excess above $175,000. |
(3) The amount determined under the preceding sentence shall be reduced by the |
alternative minimum tax foreign tax credit for the taxable year. |
(4) Taxable excess. - For the purposes of this subsection the term "taxable excess" means |
so much of the federal alternative minimum taxable income as modified by the modifications in § |
44-30-12 as exceeds the exemption amount. |
(5) In the case of a married individual filing a separate return, subparagraph (2) shall be |
applied by substituting "$87,500" for $175,000 each place it appears. |
(6) Exemption amount. For purposes of this section "exemption amount" means: |
Filing status Amount |
Single $39,150 |
Married filing jointly or qualifying widow(er) $53,700 |
Married filing separately $26,850 |
Head of Household $39,150 |
Estate or trust $24,650 |
(7) Treatment of unearned income of minor children |
(a) In general. |
In the case of a minor child, the exemption amount for purposes of section (6) shall not |
exceed the sum of: |
(i) Such child's earned income, plus |
(ii) $6,000. |
(8) Adjustments for inflation. |
The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount |
equal to: |
(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied |
by |
(b) The cost-of-living adjustment determined under section (J) with a base year of 2004. |
(9) Phase-out. |
(a) In general. |
The exemption amount of any taxpayer shall be reduced (but not below zero) by an |
amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable |
income of the taxpayer exceeds the threshold amount. |
(b) Threshold amount. For purposes of this paragraph, the term "threshold amount" shall |
be determined with the following table: |
Filing status Amount |
Single $123,250 |
Married filing jointly or qualifying widow(er) $164,350 |
Married filing separately $82,175 |
Head of Household $123,250 |
Estate or Trust $82,150 |
(c) Adjustments for inflation |
Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: |
(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by |
(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. |
(G) Other Rhode Island taxes |
(1) General rule. - There is hereby imposed (in addition to any other tax imposed by this |
subtitle) a tax equal to twenty-five percent (25%) of: |
(a) The Federal income tax on lump-sum distributions. |
(b) The Federal income tax on parents' election to report child's interest and dividends. |
(c) The recapture of Federal tax credits that were previously claimed on Rhode Island |
return. |
(H) Tax for children under 18 with investment income |
(1) General rule. – There is hereby imposed a tax equal to twenty-five percent (25%) of: |
(a) The Federal tax for children under the age of 18 with investment income. |
(I) Averaging of farm income |
(1) General rule. - At the election of an individual engaged in a farming business or |
fishing business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: |
(a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. |
§ 1301]. |
(J) Cost-of-living adjustment |
(1) In general. |
The cost-of-living adjustment for any calendar year is the percentage (if any) by which: |
(a) The CPI for the preceding calendar year exceeds |
(b) The CPI for the base year. |
(2) CPI for any calendar year. For purposes of paragraph (1), the CPI for any calendar |
year is the average of the Consumer Price Index as of the close of the twelve (12) month period |
ending on August 31 of such calendar year. |
(3) Consumer Price Index |
For purposes of paragraph (2), the term "consumer price index" means the last consumer |
price index for all urban consumers published by the department of labor. For purposes of the |
preceding sentence, the revision of the consumer price index which that is most consistent with |
the consumer price index for calendar year 1986 shall be used. |
(4) Rounding. |
(a) In general. |
If any increase determined under paragraph (1) is not a multiple of $50, such increase |
shall be rounded to the next lowest multiple of $50. |
(b) In the case of a married individual filing a separate return, subparagraph (a) shall be |
applied by substituting "$25" for $50 each place it appears. |
(K) Credits against tax. - For tax years beginning on or after January 1, 2001, a taxpayer |
entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to |
a credit against the Rhode Island tax imposed under this section: |
(1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5]. |
(2) Child and dependent care credit; |
(3) General business credits; |
(4) Credit for elderly or the disabled; |
(5) Credit for prior year minimum tax; |
(6) Mortgage interest credit; |
(7) Empowerment zone employment credit; |
(8) Qualified electric vehicle credit. |
(L) Credit against tax for adoption. - For tax years beginning on or after January 1, 2006, |
a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode |
Island tax imposed under this section if the adopted child was under the care, custody, or |
supervision of the Rhode Island department of children, youth and families prior to the adoption. |
(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits |
provided there shall be no deduction based on any federal credits enacted after January 1, 1996, |
including the rate reduction credit provided by the federal Economic Growth and Tax |
Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be |
reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax |
purposes shall determine the Rhode Island amount to be recaptured in the same manner as |
prescribed in this subsection. |
(N) Rhode Island earned income credit |
(1) In general. |
For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned |
income credit shall be allowed a Rhode Island earned income credit equal to twenty-five percent |
(25%) of the federal earned income credit. Such credit shall not exceed the amount of the Rhode |
Island income tax. |
For tax years beginning on or after January 1, 2015, and before January 1, 2016, a |
taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned-income |
credit equal to ten percent (10%) of the federal earned income credit. Such credit shall not exceed |
the amount of the Rhode Island income tax. |
For tax years beginning on or after January, 1, 2016, a taxpayer entitled to a federal |
earned income credit shall be allowed a Rhode Island earned income credit equal to twelve and |
one-half percent (12.5%) of the federal earned income credit. Such credit shall not exceed the |
amount of the Rhode Island income tax. |
For tax years beginning on or after January, 1, 2017, a taxpayer entitled to a federal |
earned income credit shall be allowed a Rhode Island earned income credit equal to fifteen |
percent (15%) of the federal earned income credit. Such credit shall not exceed the amount of the |
Rhode Island income tax. |
(2) Refundable portion. |
In the event the Rhode Island earned income credit allowed under paragraph (N)(1) of |
this section (J) exceeds the amount of Rhode Island income tax, a refundable earned income |
credit shall be allowed as follows. |
(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) |
refundable earned income credit means fifteen percent (15%) of the amount by which the Rhode |
Island earned income credit exceeds the Rhode Island income tax. |
(a)(ii) For tax years beginning on or after January 1, 2015, For for purposes of paragraph |
(2) refundable earned income credit means one hundred percent (100%) of the amount by which |
the Rhode Island earned income credit exceeds the Rhode Island income tax. |
(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs |
(A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years |
thereafter for inclusion in the statute. |
(3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode |
Island taxable income" means federal adjusted gross income as determined under the Internal |
Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44- |
30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to |
subparagraph 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant of |
to subparagraph 44-30-2.6(c)(3)(C). |
(A) Tax imposed. |
(I) There is hereby imposed on the taxable income of married individuals filing joint |
returns, qualifying widow(er), every head of household, unmarried individuals, married |
individuals filing separate returns and bankruptcy estates, a tax determined in accordance with the |
following table: |
RI Taxable Income RI Income Tax |
Over But not Over Pay + % On Excess On The Amount Over |
$0 - $55,000 $0 + 3.75% $0 |
55,000 - 125,000 2,063 + 4.75% 55,000 |
125,000 - 5,388 + 5.99% 125,000 |
(II) There is hereby imposed on the taxable income of an estate or trust a tax determined |
in accordance with the following table: |
RI Taxable Income RI Income Tax |
Over But not Over Pay + % On Excess On The Amount Over |
$0 - $2,230 $0 + 3.75% $0 |
2,230 - 7,022 84 + 4.75% 2,230 |
7,022 - 312 + 5.99% 7,022 |
(B) Deductions: |
(I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction |
shall be allowed in accordance with the following table: |
Filing status: Amount |
Single $7,500 |
Married filing jointly or qualifying widow(er) $15,000 |
Married filing separately $7,500 |
Head of Household $11,250 |
(II) Nonresident alien individuals, estates and trusts are not eligible for standard |
deductions. |
(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode |
Island purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five |
thousand dollars ($175,000), the standard deduction amount shall be reduced by the applicable |
percentage. The term "applicable percentage" means twenty (20) percentage points for each five |
thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for |
the taxable year exceeds one hundred seventy-five thousand dollars ($175,000). |
(C) Exemption Amount: |
(I) The term "exemption amount" means three thousand five hundred dollars ($3,500) |
multiplied by the number of exemptions allowed for the taxable year for federal income tax |
purposes. |
(II) Exemption amount disallowed in case of certain dependents. In the case of an |
individual with respect to whom a deduction under this section is allowable to another taxpayer |
for the same taxable year, the exemption amount applicable to such individual for such |
individual's taxable year shall be zero. |
(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode |
Island purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy- five |
thousand dollars ($175,000), the exemption amount shall be reduced by the applicable |
percentage. The term "applicable percentage" means twenty (20) percentage points for each five |
thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for |
the taxable year exceeds one hundred seventy-five thousand dollars ($175,000). |
(E) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30- |
2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount |
equal to: |
(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30- |
2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, |
multiplied by; |
(II) The cost-of-living adjustment with a base year of 2000. |
(III) For the purposes of this section, the cost-of-living adjustment for any calendar year |
is the percentage (if any) by which the consumer price index for the preceding calendar year |
exceeds the consumer price index for the base year. The consumer price index for any calendar |
year is the average of the consumer price index as of the close of the twelve- (12) month (12) |
period ending on August 31, of such calendar year. |
(IV) For the purpose of this section the term "consumer price index" means the last |
consumer price index for all urban consumers published by the department of labor. For the |
purpose of this section the revision of the consumer price index which that is most consistent |
with the consumer price index for calendar year 1986 shall be used. |
(V) If any increase determined under this section is not a multiple of fifty dollars |
($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the |
case of a married individual filing separate return, if any increase determined under this section is |
not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower |
multiple of twenty-five dollars ($25.00). |
(E) Credits against tax. |
(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on |
or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be |
as follows: |
(a) Rhode Island Earned Income Credit: Credit shall be allowed for earned income credit |
pursuant to subparagraph 44-30-2.6(c)(2)(N). |
(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided |
in § 44-33-1 et seq. |
(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax |
credit as provided in § 44-30.3-1 et seq. |
(d) Credit for income taxes of other states. - Credit shall be allowed for income tax paid |
to other states pursuant to § 44-30-74. |
(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax |
credit as provided in § 44-33.2-1 et seq. |
(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture |
production tax credit as provided in § 44-31.2-1 et seq. |
(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of |
the federal child and dependent care credit allowable for the taxable year for federal purposes; |
provided, however, such credit shall not exceed the Rhode Island tax liability. |
(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for |
contributions to scholarship organizations as provided in § 44-62 et seq chapter 62 of title 44. |
(i) Credit for tax withheld. - Wages upon which tax is required to be withheld shall be |
taxable as if no withholding were required, but any amount of Rhode Island personal income tax |
actually deducted and withheld in any calendar year shall be deemed to have been paid to the tax |
administrator on behalf of the person from whom withheld, and the person shall be credited with |
having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable |
year of less than twelve (12) months, the credit shall be made under regulations of the tax |
administrator. |
(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested |
in RI wavemaker fellowship program as provided in §42-64.26-1 et seq. |
(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in |
§42-64.20-1 et seq. |
(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode |
Island new qualified jobs incentive program credit as provided in §44-48.3-1 et seq. |
(2) Except as provided in section l above, no other state and federal tax credit shall be |
available to the taxpayers in computing tax liability under this chapter. |
SECTION 16. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal |
Income Tax" is hereby amended to read as follows: |
44-30-12. Rhode Island income of a resident individual. -- (a) General. - The Rhode |
Island income of a resident individual means his or her adjusted gross income for federal income |
tax purposes, with the modifications specified in this section. |
(b) Modifications increasing federal adjusted gross income. - There shall be added to |
federal adjusted gross income: |
(1) Interest income on obligations of any state, or its political subdivisions, other than |
Rhode Island or its political subdivisions; |
(2) Interest or dividend income on obligations or securities of any authority, commission, |
or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the |
extent exempted by the laws of the United States from federal income tax but not from state |
income taxes; |
(3) The modification described in § 44-30-25(g); |
(4) (i) The amount defined below of a nonqualified withdrawal made from an account in |
the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified |
withdrawal is: |
(A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal |
Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57- |
6.1; and |
(B) A withdrawal or distribution which is: |
(I) Not applied on a timely basis to pay "qualified higher education expenses" as defined |
in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made; |
(II) Not made for a reason referred to in § 16-57-6.1(e); or |
(III) Not made in other circumstances for which an exclusion from tax made applicable |
by Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover, |
withdrawal or distribution is made within two (2) taxable years following the taxable year for |
which a contributions modification pursuant to subdivision (c)(4) of this section is taken based on |
contributions to any tuition savings program account by the person who is the participant of the |
account at the time of the contribution, whether or not the person is the participant of the account |
at the time of the transfer, rollover, withdrawal or distribution; |
(ii) In the event of a nonqualified withdrawal under subparagraphs (i)(A) or (i)(B) of this |
subdivision, there shall be added to the federal adjusted gross income of that person for the |
taxable year of the withdrawal an amount equal to the lesser of: |
(A) The amount equal to the nonqualified withdrawal reduced by the sum of any |
administrative fee or penalty imposed under the tuition savings program in connection with the |
nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the |
person's federal adjusted gross income for the taxable year; and |
(B) The amount of the person's contribution modification pursuant to subdivision (c)(4) |
of this section for the person's taxable year of the withdrawal and the two (2) prior taxable years |
less the amount of any nonqualified withdrawal for the two (2) prior taxable years included in |
computing the person's Rhode Island income by application of this subsection for those years. |
Any amount added to federal adjusted gross income pursuant to this subdivision shall constitute |
Rhode Island income for residents, nonresidents and part-year residents; and |
(5) The modification described in § 44-30-25.1(d)(3)(i). |
(6) The amount equal to any unemployment compensation received but not included in |
federal adjusted gross income. |
(7) The amount equal to the deduction allowed for sales tax paid for a purchase of a |
qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6). |
(c) Modifications reducing federal adjusted gross income. - There shall be subtracted |
from federal adjusted gross income: |
(1) Any interest income on obligations of the United States and its possessions to the |
extent includible in gross income for federal income tax purposes, and any interest or dividend |
income on obligations, or securities of any authority, commission, or instrumentality of the |
United States to the extent includible in gross income for federal income tax purposes but exempt |
from state income taxes under the laws of the United States; provided, that the amount to be |
subtracted shall in any case be reduced by any interest on indebtedness incurred or continued to |
purchase or carry obligations or securities the income of which is exempt from Rhode Island |
personal income tax, to the extent the interest has been deducted in determining federal adjusted |
gross income or taxable income; |
(2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1); |
(3) The amount of any withdrawal or distribution from the "tuition savings program" |
referred to in § 16-57-6.1 which is included in federal adjusted gross income, other than a |
withdrawal or distribution or portion of a withdrawal or distribution that is a nonqualified |
withdrawal; |
(4) Contributions made to an account under the tuition savings program, including the |
"contributions carryover" pursuant to paragraph (iv) of this subdivision, if any, subject to the |
following limitations, restrictions and qualifications: |
(i) The aggregate subtraction pursuant to this subdivision for any taxable year of the |
taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint |
return; |
(ii) The following shall not be considered contributions: |
(A) Contributions made by any person to an account who is not a participant of the |
account at the time the contribution is made; |
(B) Transfers or rollovers to an account from any other tuition savings program account |
or from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26 |
U.S.C. § 529; or |
(C) A change of the beneficiary of the account; |
(iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal |
adjusted gross income to less than zero (0); |
(iv) The contributions carryover to a taxable year for purpose of this subdivision is the |
excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition |
savings program for all preceding taxable years for which this subsection is effective over the |
sum of: |
(A) The total of the subtractions under this subdivision allowable to the taxpayer for all |
such preceding taxable years; and |
(B) That part of any remaining contribution carryover at the end of the taxable year |
which exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) |
taxable years not included in the addition provided for in this subdivision for those years. Any |
such part shall be disregarded in computing the contributions carryover for any subsequent |
taxable year; |
(v) For any taxable year for which a contributions carryover is applicable, the taxpayer |
shall include a computation of the carryover with the taxpayer's Rhode Island personal income |
tax return for that year, and if for any taxable year on which the carryover is based the taxpayer |
filed a joint Rhode Island personal income tax return but filed a return on a basis other than |
jointly for a subsequent taxable year, the computation shall reflect how the carryover is being |
allocated between the prior joint filers; and |
(5) The modification described in § 44-30-25.1(d)(1). |
(6) Amounts deemed taxable income to the taxpayer due to payment or provision of |
insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 |
or other coverage plan. |
(7) Modification for organ transplantation. - (i) An individual may subtract up to ten |
thousand dollars ($10,000) from federal adjusted gross income if he or she, while living, donates |
one or more of his or her human organs to another human being for human organ transplantation, |
except that for purposes of this subsection, "human organ" means all or part of a liver, pancreas, |
kidney, intestine, lung, or bone marrow. A subtract modification that is claimed hereunder may be |
claimed in the taxable year in which the human organ transplantation occurs. |
(ii) An individual may claim that subtract modification hereunder only once, and the |
subtract modification may be claimed for only the following unreimbursed expenses that are |
incurred by the claimant and related to the claimant's organ donation: |
(A) Travel expenses. |
(B) Lodging expenses. |
(C) Lost wages. |
(iii) The subtract modification hereunder may not be claimed by a part-time resident or a |
nonresident of this state. |
(8) Modification for taxable Social Security income. |
(i) For tax years beginning on or after January 1, 2016: |
(A) For a person who has attained the age used for calculating full or unreduced social |
security retirement benefits who files a return as an unmarried individual, head of household or |
married filing separate whose federal adjusted gross income for such taxable year is less than |
eighty thousand dollars ($80,000); or |
(B) A married individual filing jointly or individual filing qualifying widow(er) who has |
attained the age used for calculating full or unreduced social security retirement benefits whose |
joint federal adjusted gross income for such taxable year is less than one hundred thousand |
dollars ($100,000), an amount equal to the social security benefits includable in federal adjusted |
gross income. |
(ii) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30- |
12(c)(8)(i)(A) and 44-30-12(c)(8)(i)(B) shall be increased annually by an amount equal to: |
(A) Such dollar amount contained in subparagraphs 44-30-12(c)(8)(i)(A) and 44-30- |
12(c)(8)(i)(B) adjusted for inflation using a base tax year of 2000, multiplied by; |
(B) The cost-of-living adjustment with a base year of 2000. |
(iii) For the purposes of this section the cost-of-living adjustment for any calendar year is |
the percentage (if any) by which the consumer price index for the preceding calendar year |
exceeds the consumer price index for the base year. The consumer price index for any calendar |
year is the average of the consumer price index as of the close of the twelve (12) month period |
ending on August 31, of such calendar year. |
(iv) For the purpose of this section the term "consumer price index" means the last |
consumer price index for all urban consumers published by the department of labor. For the |
purpose of this section the revision of the consumer price index which is most consistent with the |
consumer price index for calendar year 1986 shall be used. |
(v) If any increase determined under this section is not a multiple of fifty dollars |
($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the |
case of a married individual filing separate return, if any increase determined under this section is |
not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower |
multiple of twenty-five dollars ($25.00). |
(9) Modification for up to fifteen thousand dollars ($15,000) of taxable retirement income |
from certain pension plans or annuities. |
(i) For tax years beginning on or after January 1, 2017, a modification shall be allowed |
for up to fifteen thousand dollars ($15,000) of taxable pension and/or annuity income that is |
included in federal adjusted gross income for the taxable year: |
(A) For a person who has attained the age used for calculating full or unreduced social |
security retirement benefits who files a return as an unmarried individual, head of household, or |
married filing separate whose federal adjusted gross income for such taxable year is less than the |
amount used for the modification contained in §44-30-12(c)(8)(i)(A) an amount not to exceed |
$15,000 of taxable pension and/or annuity income includable in federal adjusted gross income; or |
(B) For a married individual filing jointly or individual filing qualifying widow(er) who |
has attained the age used for calculating full or unreduced social security retirement benefits |
whose joint federal adjusted gross income for such taxable year is less than the amount used for |
the modification contained in §44-30-12(c)(8)(i)(B) an amount not to exceed $15,000 of taxable |
pension and/or annuity income includable in federal adjusted gross income. |
(ii) Adjustment for inflation. The dollar amount contained by reference in §§44-30- |
12(c)(9)(i)(A) and 44-30-12(c)(9)(i)(B) shall be increased annually for tax years beginning on or |
after January 1, 2018 by an amount equal to: |
(A) Such dollar amount contained by reference in §§44-30-12(c)(9)(i)(A) and 44-30- |
12(c)(9)(i)(B) adjusted for inflation using a base tax year of 2000, multiplied by; |
(B) The cost-of-living adjustment with a base year of 2000. |
(iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is |
the percentage (if any) by which the consumer price index for the preceding calendar year |
exceeds the consumer price index for the base year. The consumer price index for any calendar |
year is the average of the consumer price index as of the close of the twelve-month (12) period |
ending on August 31, of such calendar year. |
(iv) For the purpose of this section, the term "consumer price index" means the last |
consumer price index for all urban consumers published by the department of labor. For the |
purpose of this section, the revision of the consumer price index which is most consistent with the |
consumer price index for calendar year 1986 shall be used. |
(v) If any increase determined under this section is not a multiple of fifty dollars |
($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the |
case of a married individual filing a separate return, if any increase determined under this section |
is not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower |
multiple of twenty-five dollars ($25.00). |
(d) Modification for Rhode Island fiduciary adjustment. - There shall be added to, or |
subtracted from, federal adjusted gross income (as the case may be) the taxpayer's share, as |
beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44- |
30-17. |
(e) Partners. - The amounts of modifications required to be made under this section by a |
partner, which relate to items of income or deduction of a partnership, shall be determined under |
§ 44-30-15. |
SECTION 17. Section 44-31.2-11 of the General Laws in Chapter 44-31.2 entitled |
"Motion Picture Production Tax Credits" is hereby amended to read as follows: |
44-31.2-11. Sunset. -- No credits shall be issued on or after July 1, 2019 2021 unless the |
production has received initial certification under subsection 44-31.2-6(a) prior to July 1, 2019 |
2021. |
SECTION 18. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled |
"Historic Preservation Tax Credits 2013" is hereby amended to read as follows: |
44-33.6-11. Sunset. -- No credits shall be authorized to be reserved pursuant to this |
chapter on or after June 30, 2016 2017 or upon the exhaustion of the maximum aggregate credits, |
whichever comes first. |
SECTION 19. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled |
"Department of Environmental Management" is hereby amended to read as follows: |
42-17.1-9.1. User fees at state beaches, parks, and recreation areas. -- (a) The |
department of environmental management in pursuance of its administrative duties and |
responsibilities may charge a user fee for any state beach, or recreational area under its |
jurisdiction, and fees for the use of its services or facilities. |
(b) The fee may be on a daily or annual basis, or both, and may be based on vehicle |
parking or other appropriate means. The fees may recognize the contribution of Rhode Island |
taxpayers to support the facilities in relation to other users of the state's facilities. The fee |
structure may acknowledge the need to provide for all people, regardless of circumstances. |
(c) An additional fee for camping and other special uses may be charged where |
appropriate. Rates so charged should be comparable to equivalent commercial facilities. |
(d) All such fees shall be established after a public hearing. |
(e) All daily fees from beach parking, which shall also include fees charged and |
collected at Ninigret conservation area and Charlestown breachway, shall be shared with the |
municipality in which the facility is located on the basis of eighty-four percent (84%) seventy- |
three percent (73%) retained by the state and sixteen percent (16%) twenty-seven percent (27%) |
remitted to the municipality; provided, further, from July 1, 2016, until October 1, 2016, the |
beach fees charged and collected under this subsection shall be equal to those in effect on June |
30, 2011. Further, purchasers of season passes between May 14, 2016, and June 30, 2016, shall |
be eligible to receive a credit for the difference between the amount of the July 1, 2016, fee and |
the amount originally paid. Said credits may be applied against the purchase of a season pass in |
2017. |
(f) Fifty percent (50%) of all user and concession fees received by the state shall be |
deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and |
concession fees to be received by the state shall be sixty-five percent (65%); for the year |
beginning July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and |
all years thereafter, one hundred percent (100%). The general revenue monies appropriated are |
hereby specifically dedicated to meeting the costs of development, renovation of, and acquisition |
of state-owned recreation areas and for regular maintenance, repair and operation of state owned |
recreation areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed |
four hundred thousand dollars ($400,000) annually. Notwithstanding the provisions of § 37-1-1 or |
any other provision of the general laws, the director of the department of environmental |
management is hereby authorized to accept any grant, devise, bequest, donation, gift, or |
assignment of money, bonds, or other valuable securities for deposit in the same manner as |
provided above for user and concession fees retained by the state. |
(g) No fee shall be charged to any school or other nonprofit organization provided that a |
representative of the school or other organization gives written notice of the date and time of their |
arrival to the facility. |
SECTION 20. Sections 4, 5, 6, 10, 11, 12, and 13 shall take effect upon passage and shall |
apply to tax years beginning on or after January 1, 2016. Sections 9, 15, and 16 shall take effect |
as of January 1, 2017. The remainder of the article shall take effect as of July 1, 2016. |