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ARTICLE 5 AS AMENDED |
RELATING TO TAXES AND FEES
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SECTION 1. Sections 42-63.1-2 and 42-63.1-3 of the General Laws in Chapter 42-63.1 |
entitled "Tourism and Development" are hereby amended to read as follows: |
42-63.1-2. Definitions. [Effective January 30, 2025.] |
For the purposes of this chapter: |
(1) “Consideration” means the monetary charge for the use of space devoted to transient |
lodging accommodations. |
(2) “Corporation” means the Rhode Island commerce corporation. |
(3) “District” means the regional tourism districts set forth in § 42-63.1-5. |
(4) “Hosting platform” means any electronic or operating system in which a person or |
entity provides a means through which an owner may offer a residential unit for “tourist or |
transient” use. This service is usually, though not necessarily, provided through an online or web- |
based system which generally allows an owner to advertise the residential unit through a hosted |
website and provides a means for a person or entity to arrange, or otherwise facilitate reservations |
for, tourist or transient use in exchange for payment, whether the person or entity pays rent directly |
to the owner or to the hosting platform. All hosting platforms are required to collect and remit the |
tax owed under this section. |
(5) “Hotel” means any facility offering a minimum of one (1) room for which the public |
may, for a consideration, obtain transient lodging accommodations. The term “hotel” shall include |
hotels, motels, tourist homes, tourist camps, lodging houses, and inns. The term “hotel” shall also |
include houses, condominiums, or other residential dwelling units, regardless of the number of |
rooms, which are used and/or advertised for rent for occupancy. The term “hotel” shall not include |
schools, hospitals, sanitariums, nursing homes, and chronic care centers. |
(6) “Occupancy” means a person, firm, or corporation’s use of space for transient lodging |
accommodations not to exceed thirty (30) days. Excluded from “occupancy” is the use of space for |
which the occupant has a written lease for the space, which lease covers a rental period of twelve |
(12) months or more. Furthermore, any house, condominium, or other residential dwelling rented, |
for which the occupant has a documented arrangement for the space covering a rental period of |
more than thirty (30) consecutive days or for one calendar month is excluded from the definition |
of occupancy. |
(7) “Owner” means any person who owns real property and is the owner of record. Owner |
shall also include a lessee where the lessee is offering a residential unit for “tourist or transient” |
use. |
(8) “Residential unit” means a room or rooms, including a condominium or a room or a |
dwelling unit that forms part of a single, joint, or shared tenant arrangement, in any building, or |
portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied for non- |
commercial use. |
(9) “Tax” means the hotel tax and whole home short-term rental tax imposed by § 44-18- |
36.1(a) and (d). |
(10) “Tourist or transient” means any use of a residential unit for occupancy for less than |
a thirty (30) consecutive day term of tenancy, or occupancy for less than thirty (30) consecutive |
days of a residential unit leased or owned by a business entity, whether on a short-term or long- |
term basis, including any occupancy by employees or guests of a business entity for less than thirty |
(30) consecutive days where payment for the residential unit is contracted for or paid by the |
business entity. |
(11) “Tour operator” means a person that derives a majority of their or its revenue by |
providing tour operator packages. |
(12) “Tour operator packages” means travel packages that include the services of a tour |
guide and where the itinerary encompasses five (5) or more consecutive days. |
42-63.1-3. Distribution of tax. |
(a) For returns and tax payments received on or before December 31, 2015, except as |
provided in § 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax |
collected from residential units offered for tourist or transient use through a hosting platform, shall |
be distributed as follows by the division of taxation and the city of Newport: |
(1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as |
otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel |
is located; provided, however, that from the tax generated by the hotels in the city of Warwick, |
thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district |
established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater |
Providence-Warwick Convention and Visitors’ Bureau established in § 42-63.1-11; and provided |
further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%) |
of that tax shall be given to the Greater Providence-Warwick Convention and Visitors’ Bureau |
established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the |
Convention Authority of the city of Providence established pursuant to the provisions of chapter |
84 of the public laws of January, 1980; provided, however, that the receipts attributable to the |
district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues, and that the receipts |
attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode Island |
commerce corporation as established in chapter 64 of this title. |
(2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where the |
hotel that generated the tax is physically located, to be used for whatever purpose the city or town |
decides. |
(3) Twenty-one percent (21%) of the hotel tax shall be given to the Rhode Island commerce |
corporation established in chapter 64 of this title, and seven percent (7%) to the Greater Providence- |
Warwick Convention and Visitors’ Bureau. |
(b) For returns and tax payments received after December 31, 2015, except as provided in |
§ 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from |
residential units offered for tourist or transient use through a hosting platform, shall be distributed |
as follows by the division of taxation and the city of Newport: |
(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42- |
63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district, twenty- |
five percent (25%) of the tax shall be given to the city or town where the hotel that generated the |
tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent |
(28%) of the tax shall be given to the Rhode Island commerce corporation established in chapter |
64 of this title. |
(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5, |
twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five percent |
(25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically |
located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four percent (24%) of the |
tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5, |
twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent |
(25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically |
located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four percent (24%) of the |
tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5, |
twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated |
the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%) |
of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this |
title. |
(5) With respect to the tax generated by hotels in districts other than those set forth in |
subsections (b)(1) through (b)(4) of this section, forty-two percent (42%) of the tax shall be given |
to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five |
percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is |
physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent (28%) of |
the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this |
title. |
(c) For returns and tax payments received before July 1, 2019, the proceeds of the hotel tax |
collected from residential units offered for tourist or transient use through a hosting platform shall |
be distributed as follows by the division of taxation and the city of Newport: twenty-five percent |
(25%) of the tax shall be given to the city or town where the residential unit that generated the tax |
is physically located, and seventy-five percent (75%) of the tax shall be given to the Rhode Island |
commerce corporation established in chapter 64 of this title. |
(d) The Rhode Island commerce corporation shall be required in each fiscal year to spend |
on the promotion and marketing of Rhode Island as a destination for tourists or businesses an |
amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this |
chapter for the fiscal year. |
(e) Notwithstanding the foregoing provisions of this section, for returns and tax payments |
received on or after July 1, 2016, and on or before June 30, 2017, except as provided in § 42-63.1- |
12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from residential |
units offered for tourist or transient use through a hosting platform, shall be distributed in |
accordance with the distribution percentages established in subsections (a)(1) through (a)(3) of this |
section by the division of taxation and the city of Newport. |
(f) For returns and tax payments received on or after July 1, 2018, except as provided in § |
42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from |
residential units offered for tourist or transient use through a hosting platform, shall be distributed |
as follows by the division of taxation and the city of Newport: |
(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42- |
63.1-5, forty-five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty- |
five percent (25%) of the tax shall be given to the city or town where the hotel that generated the |
tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent |
(25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter |
64 of this title. |
(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5, |
thirty percent (30%) of the tax shall be given to the Providence district, twenty-five percent (25%) |
of the tax shall be given to the city or town where the hotel that generated the tax is physically |
located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5, |
thirty percent (30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) |
of the tax shall be given to the city or town where the hotel that generated the tax is physically |
located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5, |
twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated |
the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%) |
of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this |
title. |
(5) With respect to the tax generated by hotels in districts other than those set forth in |
subsections (f)(1) through (f)(4) of this section, forty-five percent (45%) of the tax shall be given |
to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five |
percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is |
physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five (25%) of the tax shall |
be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(g) For returns and tax payments received on or after July 1, 2019, except as provided in § |
42-63.1-12, the proceeds of the hotel tax, including the portion of the hotel tax collected from |
residential units offered for tourist or transient use through a hosting platform except as provided |
in subsection (h) of this section, shall be distributed as follows by the division of taxation and the |
city of Newport: |
(1) For the tax generated in the Aquidneck Island district, as defined in § 42-63.1-5, forty- |
five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-five percent |
(25%) of the tax shall be given to the city or town where the hotel or residential unit that generated |
the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent |
(25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter |
64 of this title. |
(2) For the tax generated in the Providence district as defined in § 42-63.1-5, thirty percent |
(30%) of the tax shall be given to the Providence district, twenty-five percent (25%) of the tax shall |
be given to the city or town where the hotel or residential unit that generated the tax is physically |
located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(3) For the tax generated in the Warwick district as defined in § 42-63.1-5, thirty percent |
(30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) of the tax shall |
be given to the city or town where the hotel or residential unit that generated the tax is physically |
located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
(4) For the tax generated in the Statewide district, as defined in § 42-63.1-5, twenty-five |
percent (25%) of the tax shall be given to the city or town where the hotel or residential unit that |
generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater |
Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy |
percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in |
chapter 64 of this title. |
(5) With respect to the tax generated in districts other than those set forth in subsections |
(g)(1) through (g)(4) of this section, forty-five percent (45%) of the tax shall be given to the regional |
tourism district, as defined in § 42-63.1-5, wherein the hotel or residential unit is located, twenty- |
five percent (25%) of the tax shall be given to the city or town where the hotel or residential unit |
that generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater |
Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five |
percent (25%) of the tax shall be given to the Rhode Island commerce corporation established in |
chapter 64 of this title. |
(h) Distribution of whole home short-term rental tax. For returns and tax payments received |
after December 31, 2025, the proceeds of the whole home short-term rental tax established in § 44- |
18-36.1(d) shall be distributed as follows by the division of taxation and the city of Newport: fifty |
percent (50%) of the tax shall be deposited into the Housing Resources and Homelessness restricted |
receipt account, established pursuant to § 42-128-2(3), twenty-five percent (25%) shall be given to |
the regional tourism district, as defined in § 42-63.1-5, wherein the residential unit is located, and |
twenty-five percent (25%) shall be given to the city or town where the residential unit that generated |
the tax is physically located. |
SECTION 2. Chapter 42-64.11 of the General Laws entitled "Jobs Growth Act" is hereby |
amended by adding thereto the following section: |
42-64.11-7. Sunset. |
No modifications shall be allowed, no applications shall be certified, and no taxpayers |
certified prior to January 1, 2026, shall pay the tax under this chapter for tax years beginning on or |
after January 1, 2026. |
SECTION 3. Section 42-142-2 of the General Laws in Chapter 42-142 entitled |
"Department of Revenue" is hereby amended to read as follows: |
42-142-2. Powers and duties of the department. |
(a) The department of revenue shall have the following powers and duties: |
(1) To operate a division of taxation; |
(2) To operate a division of motor vehicles; |
(3) To operate a division of state lottery; |
(4) To operate an office of revenue analysis; |
(5) To operate a division of property valuation; and |
(6) To operate a central collections unit; and |
(7) To convene, in consultation with the governor, an advisory working group to assist in |
the review and analysis of potential impacts of any adopted federal tax actions. The working group |
shall develop options for administrative action or general assembly consideration that may be |
needed to address any federal funding changes that impact Rhode Island revenues. |
(b) The advisory working group may include, but not be limited to, the state tax |
administrator, chief of revenue analysis, director of management and budget, as well as designees |
from the following: state agencies, businesses, healthcare, public sector unions, and advocates. |
(c) As soon as practicable after the enactment of the federal budget for fiscal year 2026, |
but no later than October 31, 2025, the advisory working group shall forward a report to the |
governor, speaker of the house, and president of the senate containing the findings, |
recommendations, and options for consideration to become compliant with federal changes prior |
to the governor's budget submittal. |
SECTION 4. Section 44-11-11 of the General Laws in Chapter 44-11 entitled "Business |
Corporation Tax" is hereby amended to read as follows: |
44-11-11. “Net income” defined. [Effective January 1, 2025.] |
(a)(1) “Net income” means, for any taxable year and for any corporate taxpayer, the taxable |
income of the taxpayer for that taxable year under the laws of the United States, plus: |
(i) Any interest not included in the taxable income; |
(ii) Any specific exemptions; |
(iii) The tax imposed by this chapter; |
(iv) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck |
Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus |
Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or |
any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount |
of the loan forgiven exceeds $250,000; and minus: |
(v) Interest on obligations of the United States or its possessions, and other interest exempt |
from taxation by this state; |
(vi) The federal net operating loss deduction; and |
(vii) For any taxable year beginning on or after January 1, 2025, in the case of a taxpayer |
that is licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any |
expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under |
26 U.S.C. § 280E; and |
(viii) For the taxable year beginning on or before January 1, 2025, the amount of any |
income, deduction, or allowance that would be subject to federal income tax but for the |
Congressional enactment of the One Big Beautiful Bill Act or any other similar Congressional |
enactment. The enactment of the One Big Beautiful Bill Act or any other similar Congressional |
enactment and any Internal Revenue Service changes to forms, regulations, and/or processing |
which go into effect during the current tax year or within six (6) months of the beginning of the |
next tax year shall be deemed grounds for the promulgation of emergency rules and regulations |
under § 42-35-2.10 to effectuate the purpose of preserving the Rhode Island tax base under Rhode |
Island law with respect to the One Big Beautiful Bill Act or any other similar Congressional |
enactment. |
(2) All binding federal elections made by or on behalf of the taxpayer applicable either |
directly or indirectly to the determination of taxable income shall be binding on the taxpayer except |
where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode |
Island taxable income shall not include the “gross-up of dividends” required by the federal Internal |
Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the |
foreign tax credit. |
(b) A net operating loss deduction shall be allowed, which shall be the same as the net |
operating loss deduction allowed under 26 U.S.C. § 172, except that: |
(1) Any net operating loss included in determining the deduction shall be adjusted to reflect |
the inclusions and exclusions from entire net income required by subsection (a) of this section and |
§ 44-11-11.1; |
(2) The deduction shall not include any net operating loss sustained during any taxable year |
in which the taxpayer was not subject to the tax imposed by this chapter; and |
(3) Limitation on 26 U.S.C. § 172 deduction. |
(i) The deduction shall not exceed the deduction for the taxable year allowable under 26 |
U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other |
taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the |
five (5) succeeding taxable years; and |
(ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not |
exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided that, the |
deduction for a taxable year may not be carried back to any other taxable year for Rhode Island |
purposes, but shall only be allowable on a carry forward basis for the twenty (20) succeeding |
taxable years. |
(c) “Domestic international sales corporations” (referred to as DISCs), for the purposes of |
this chapter, will be treated as they are under federal income tax law and shall not pay the amount |
of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in |
the same manner as it is treated under federal income tax law as it exists on December 31, 1984. |
(d) A corporation that qualifies as a “foreign sales corporation” (FSC) under the provisions |
of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year a valid |
election under federal law to be treated as a FSC, shall not pay the amount of the tax computed |
under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same manner as it |
is treated under federal income tax law as it exists on January 1, 1985. |
(e) For purposes of a corporation’s state tax liability, any deduction to income allowable |
under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer |
for at least seven years. The division of taxation shall promulgate, in its discretion, rules and |
regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c). |
SECTION 5. 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. [Effective January 1, 2025.] |
(a) General. The Rhode Island income of a resident individual means the individual’s |
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 that 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 subsection (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 subsection (b)(4)(i)(A) or (b)(4)(i)(B) |
of this section, 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 subsection (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; |
(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); and |
(8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck |
Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus |
Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or |
any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount |
of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount |
of a pass-through entity’s loan forgiveness in excess of $250,000; and |
(9) For the taxable year beginning on or before January 1, 2025, the amount of any income, |
deduction or allowance that would be subject to federal income tax but for the Congressional |
enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The |
enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any |
Internal Revenue Service changes to forms, regulations, and/or processing which go into effect |
during the current tax year or within six (6) months of the beginning of the next tax year shall be |
deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to |
effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect |
to the One Big Beautiful Bill Act or any other similar Congressional enactment. |
(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 that 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 subsection (c)(4)(iv) of this section, 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; |
(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 the individual, while living, donates one or more of their 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 the 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 the taxable year is less than one hundred thousand dollars |
($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross |
income. |
(ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and |
(c)(8)(i)(B) of this section shall be increased annually by an amount equal to: |
(A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section |
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 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 of taxable retirement income from certain pension plans or |
annuities. |
(i) For tax years beginning on or after January 1, 2017, until the tax year beginning January |
1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax |
years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, a |
modification shall be allowed for up to twenty thousand dollars ($20,000), and for tax years |
beginning on or after January 1, 2025, a modification shall be allowed for up to fifty thousand |
dollars ($50,000), 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 subsection (c)(8)(i)(A) of this section an amount not |
to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning |
January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years |
beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, and an amount |
not to exceed fifty thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, |
of taxable pension and/or annuity income includible 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 subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000 |
for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022, |
and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after |
January 1, 2023, until the tax year beginning January 1, 2024, and an amount not to exceed fifty |
thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension |
and/or annuity income includible in federal adjusted gross income. |
(ii) Adjustment for inflation. The dollar amount contained by reference in subsections |
(c)(9)(i)(A) and (c)(9)(i)(B) of this section 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 subsections (c)(9)(i)(A) and (c)(9)(i)(B) |
of this section 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). |
(vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by |
reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in |
subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in |
subsection(c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection |
(c)(8)(i)(B), as adjusted for inflation; |
(10) Modification for Rhode Island investment in opportunity zones. For purposes of |
a taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by |
the taxpayer for at least seven (7) years, a modification to income shall be allowed for the |
incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and |
the federal benefit allowed under 26 U.S.C. § 1400Z-2(c); |
(11) Modification for military service pensions. |
(i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed |
as follows: |
(A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal |
adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted |
gross income; |
(ii) As used in this subsection, the term “military service” shall have the same meaning as |
set forth in 20 C.F.R. § 212.2; |
(iii) At no time shall the modification allowed under this subsection alone or in conjunction |
with subsection (c)(9) exceed the amount of the military service pension received in the tax year |
for which the modification is claimed; |
(12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in |
gross income for federal tax purposes; and |
(13) For tax years beginning on or after January 1, 2025, in the case of a taxpayer that is |
licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any |
expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under |
26 U.S.C. § 280E. |
(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 6. 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 |
2017 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); |
(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 |
(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 tax 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. |
(5) Investigation, Guard, and Armored Car Services (561611, 561612 & 561613). |
(6) "Parking services" (812930) means the act of offering a parking space in or on a parking |
facility for purposes of occupancy by a patron in exchange for a parking fee for a duration of less |
than one month. |
(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. |
(d) The tax administrator is authorized to promulgate rules and regulations in accordance |
with the provisions of chapter 35 of title 42 to carry out the provisions, policies, and purposes of |
this chapter. |
SECTION 7. Section 44-18-36.1 of the General Laws in Chapter 44-18 entitled "Sales and |
Use Taxes — Liability and Computation" is hereby amended to read as follows: |
44-18-36.1. Hotel tax Hotel tax and whole home short-term rental tax. |
(a) There is imposed a hotel tax of five percent (5%) upon the total consideration charged |
for occupancy of any space furnished by any hotel, travel packages, or room reseller or reseller as |
defined in § 44-18-7.3(b) in this state. A house, condominium, or other resident dwelling shall be |
exempt from the five percent (5%) hotel tax under this subsection if the house, condominium, or |
other resident dwelling is rented in its entirety. The hotel tax is in addition to any sales tax imposed. |
This hotel tax is administered and collected by the division of taxation and unless provided to the |
contrary in this chapter, all the administration, collection, and other provisions of chapters 18 and |
19 of this title apply. Nothing in this chapter shall be construed to limit the powers of the convention |
authority of the city of Providence established pursuant to the provisions of chapter 84 of the public |
laws of 1980, except that distribution of hotel tax receipts shall be made pursuant to chapter 63.1 |
of title 42 rather than chapter 84 of the public laws of 1980. |
(b) There is hereby levied and imposed, upon the total consideration charged for occupancy |
of any space furnished by any hotel in this state, in addition to all other taxes and fees now imposed |
by law, a local hotel tax at a rate of one percent (1%) through December 31, 2025, and two percent |
(2%) for tax periods beginning on or after January 1, 2026. The local hotel tax shall be administered |
and collected in accordance with subsection (a). |
(c) All sums received by the division of taxation from the local hotel tax, penalties or |
forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid |
by the state treasurer to the city or town where the space for occupancy that is furnished by the |
hotel is located. Unless provided to the contrary in this chapter, all of the administration, collection, |
and other provisions of chapters 18 and 19 of this title shall apply. |
(d) There is hereby levied and imposed, upon the total consideration charged for |
occupancy, as defined in § 42-63.1-2(6), of a house, condominium, or other resident dwelling in |
this state rented in its entirety furnished by any room reseller or reseller as defined in § 44-18-7.3(b) |
or any other taxpayer, in addition to all other taxes and fees now imposed by law, a whole home |
short-term rental tax at a rate of five percent (5%). The whole home short-term rental tax shall be |
administered, collected, and distributed in accordance with subsection (a). |
(d)(e) Notwithstanding the provisions of subsection (a) of this section, the city of Newport |
shall have the authority to collect from hotels located in the city of Newport the tax imposed by |
subsection (a) subsections (a) and (b) of this section. The city of Newport shall also have the |
authority to collect the tax imposed by subsection (d) of this section with respect to a house, |
condominium, or other resident dwelling rented in its entirety located in the city of Newport. |
(1) Within ten (10) days of collection of the tax taxes, the city of Newport shall distribute |
the tax taxes imposed by subsections (a) and (d) of this section as provided in § 42-63.1-3. No later |
than the first day of March and the first day of September in each year in which the tax is taxes are |
collected, the city of Newport shall submit to the division of taxation a report of the tax taxes |
collected and distributed during the six-(6)month (6) period ending thirty (30) days prior to the |
reporting date. |
(2) The city of Newport shall have the same authority as the division of taxation to recover |
delinquent hotel and/or whole home short-term rental taxes pursuant to chapter 44-19, and the |
amount of any hotel and/or whole home short-term rental tax, penalty and interest imposed by the |
city of Newport until collected constitutes a lien on the real property of the taxpayer. |
SECTION 8. Section 44-20-1 of the General Laws in Chapter 44-20 entitled "Cigarette, |
Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended |
to read as follows: |
44-20-1. Definitions. [Effective January 1, 2025.] |
Whenever used in this chapter, unless the context requires otherwise: |
(1) “Administrator” means the tax administrator. |
(2) “Cigarettes” means and includes any cigarettes suitable for smoking in cigarette form, |
“heat not burn products,” and each sheet of cigarette rolling paper, including but not limited to, |
paper made into a hollow cylinder or cone, made with paper or any other material, with or without |
a filter suitable for use in making cigarettes. |
(3) “Dealer” means any person whether located within or outside of this state, who sells or |
distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
products to a consumer in this state. |
(4) “Distributor” means any person: |
(i) Whether located within or outside of this state, other than a dealer, who sells or |
distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
products within or into this state. Such term shall not include any cigarette or other tobacco product |
manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. § 5712, |
if such person sells or distributes cigarettes and/or other tobacco products and/or electronic |
nicotine-delivery system products in this state only to licensed distributors, or to an export |
warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712; |
(ii) Selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery |
system products directly to purchasers in this state by means of at least twenty-five (25) vending |
machines; |
(iii) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco |
products and/or electronic nicotine-delivery system products or any person engaged in the business |
of selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
products to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five |
percent (75%) of all cigarettes and/or other tobacco products and/or electronic nicotine-delivery |
system products sold by that person in this state are sold to dealers or other persons for resale and |
selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system products |
directly to at least forty (40) dealers or other persons for resale; or |
(iv) Maintaining one or more regular places of business in this state for that purpose; |
provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products |
and/or electronic nicotine-delivery system products are purchased directly from the manufacturer |
and selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
products directly to at least forty (40) dealers or other persons for resale. |
(5) “Electronic nicotine-delivery system” means an electronic device that may be used to |
simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, |
and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, |
electronic little cigars, electronic pipe, electronic hookah, e-liquids, e-liquid products, or any related |
device and any cartridge or other component of such device. |
(6) “Electronic nicotine-delivery system products” means any combination of electronic |
nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid |
container. Electronic nicotine-delivery system products shall include hemp-derived consumable |
CBD products as defined in § 2-26-3. |
(7) “E-liquid” and “e-liquid products” mean any liquid or substance placed in or sold for |
use in an electronic nicotine-delivery system that generally utilizes a heating element that |
aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine |
derivative: |
(i) Whether the liquid or substance contains nicotine or a nicotine derivative; or |
(ii) Whether sold separately or sold in combination with a personal vaporizer, electronic |
nicotine-delivery system, or an electronic inhaler. |
(8) “Importer” means any person who imports into the United States, either directly or |
indirectly, a finished cigarette or other tobacco product and/or electronic nicotine-delivery system |
product for sale or distribution. |
(9) “Licensed,” when used with reference to a manufacturer, importer, distributor, or |
dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for |
the type of business being engaged in. When the term “licensed” is used before a list of entities, |
such as “licensed manufacturer, importer, wholesale dealer, or retailer dealer,” such term shall be |
deemed to apply to each entity in such list. |
(10) “Manufacturer” means any person who manufactures, fabricates, assembles, |
processes, or labels a finished cigarette and/or other tobacco products and/or electronic nicotine- |
delivery system products. |
(11) “Other tobacco products” (OTP) means any products that are made from or derived |
from tobacco or that contain nicotine, whether natural or artificial, including, but not limited to, |
cigars (excluding Little Cigars, as defined in § 44-20.2-1, which are subject to cigarette tax), |
cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed and |
any other kinds and forms of tobacco suitable for smoking in a pipe or otherwise), chewing tobacco |
(including Cavendish, twist, plug, scrap and any other kinds and forms of tobacco suitable for |
chewing), any and all forms of hookah, shisha and “mu’assel” tobacco, snuff, and shall include any |
other articles or products made of, derived from, or containing tobacco or nicotine, in whole or in |
part, or any tobacco or nicotine substitute, except cigarettes and electronic nicotine-delivery system |
products. Other tobacco products shall not mean any product that has been approved by the United |
States Food and Drug Administration for the sale of or use as a tobacco or nicotine cessation |
product or for other medical purposes and is marketed and sold or prescribed exclusively for that |
approved purpose. |
(12) “Person” means any individual, including an employee or agent, firm, fiduciary, |
partnership, corporation, trust, or association, however formed. |
(13) “Pipe” means an apparatus made of any material used to burn or vaporize products so |
that the smoke or vapors can be inhaled or ingested by the user. |
(14) “Place of business” means any location where cigarettes and/or other tobacco products |
and/or electronic nicotine-delivery system products are sold, stored, or kept, including, but not |
limited to; any storage room, attic, basement, garage or other facility immediately adjacent to the |
location. It also includes any receptacle, hide, vessel, vehicle, airplane, train, or vending machine. |
(15) “Sale” or “sell” means gifts, exchanges, and barter of cigarettes and/or other tobacco |
products and/or electronic nicotine-delivery system products. The act of holding, storing, or |
keeping cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
products at a place of business for any purpose shall be presumed to be holding the cigarettes and/or |
other tobacco products and/or electronic nicotine-delivery system products for sale. Furthermore, |
any sale of cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
products by the servants, employees, or agents of the licensed dealer during business hours at the |
place of business shall be presumed to be a sale by the licensee. |
(16) “Stamp” means the impression, device, stamp, label, or print manufactured, printed, |
or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of |
the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a |
sale or distribution in this state that is exempt from state tax under the provisions of state law; and |
also includes impressions made by metering machines authorized to be used under the provisions |
of this chapter. |
SECTION 9. Section 44-20-13.2 of the General Laws in Chapter 44-20 entitled "Cigarette, |
Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended |
to read as follows: |
44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, pipe |
tobacco products, and electronic nicotine-delivery products.[Effective January 1, 2025.] |
(a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, pipe tobacco |
products, and electronic nicotine-delivery system products sold, or held for sale in the state by any |
person, the payment of the tax to be accomplished according to a mechanism established by the |
administrator, division of taxation, department of revenue. The tax imposed by this section shall be |
as follows: |
(1) For all other tobacco products, smokeless tobacco, cigars, and pipe tobacco products, |
at the rate of eighty percent (80%) of the wholesale cost of other tobacco products, cigars, pipe |
tobacco products, and smokeless tobacco other than snuff. |
(2) Notwithstanding the eighty percent (80%) rate in subsection (a)(1) of this section, in |
the case of cigars, the tax shall not exceed fifty cents ($.50) for each cigar. |
(3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like |
rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight |
as listed by the manufacturer; provided, however, that any product listed by the manufacturer as |
having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 |
ounces. |
(4) Effective January 1, 2025: |
(i) For electronic nicotine-delivery system products that are prefilled, sealed by the |
manufacturer, and not refillable, at the rate of fifty cents per milliliter ($0.50/mL) of the e-liquid |
and/or e-liquid products contained therein; and |
(ii) For any other electronic nicotine-delivery system products, at the rate of ten percent |
(10%) of the wholesale cost of such products, whether or not sold at wholesale, and if not sold, |
then at the same rate upon the use by the wholesaler. |
(iii) Existing Inventory Floor Tax. For all electronic nicotine-delivery system products held |
by licensed electronic nicotine-delivery system products retailers as of January 1, 2025: Each |
person engaging in the business of selling electronic nicotine-delivery system products at retail in |
this state shall pay a tax measured by the volume of e-liquid and/or e-liquid products contained in |
electronic nicotine-delivery system products that are prefilled, sealed by the manufacturer, and not |
refillable and the wholesale cost of all other electronic nicotine-delivery system products held by |
the person in this state at 12:01 a.m. on January 1, 2025, and is computed for electronic nicotine- |
delivery system products that are prefilled, sealed by the manufacturer, and not refillable, at the |
rate of fifty cents per milliliter ($0.50/mL) of the e-liquid and/or e-liquid products contained therein |
and for any other electronic nicotine-delivery system products at the rate of ten percent (10%) of |
the wholesale cost of such products on January 1, 2025. Each person subject to the payment of the |
tax imposed by this section shall, on or before January 16, 2025, file a return, under oath or certified |
under the penalties of perjury, with the administrator on forms furnished by the administrator, |
showing the volume of e-liquid and/or e-liquid products contained in electronic nicotine-delivery |
system products which are prefilled, sealed by the manufacturer, and not refillable and the |
wholesale cost of all other electronic nicotine-delivery system products in that person’s possession |
in this state at 12:01 a.m. on January 1, 2025, as described in this section, and the amount of tax |
due, and shall at the time of filing the return pay the tax to the administrator. Failure to obtain forms |
shall not be an excuse for the failure to make a return containing the information required by the |
administrator. |
(iv) For all electronic nicotine-delivery system products sold by licensed electronic |
nicotine-delivery system products distributors, manufacturers, and/or importers in Rhode Island as |
of January 1, 2025: Any person engaging in the business of distributing at wholesale electronic |
nicotine-delivery system products in this state shall pay a tax measured by the volume of e-liquid |
and/or e-liquid products contained in electronic nicotine-delivery system products that are prefilled, |
sealed by the manufacturer, and not refillable computed at the rate of fifty cents per milliliter |
($0.50/mL) of the e-liquid and/or e-liquid products contained therein and for all other electronic |
nicotine-delivery system products at the rate of ten percent (10%) of the wholesale cost of such |
products. |
(b)(1) Prior to January 1, 2025, any dealer having in the dealer’s possession any other |
tobacco products with respect to the storage or use of which a tax is imposed by this section shall, |
within five (5) days after coming into possession of the other tobacco products in this state, file a |
return with the tax administrator in a form prescribed by the tax administrator. The return shall be |
accompanied by a payment of the amount of the tax shown on the form to be due. Records required |
under this section shall be preserved on the premises described in the relevant license in such a |
manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized |
personnel of the administrator. |
(2) Effective January 1, 2025, all other tobacco products, except for cigars, and electronic |
nicotine-delivery system products sold at wholesale in Rhode Island must be sold by a Rhode Island |
licensed distributor, manufacturer, or importer, and purchases of other tobacco products, except for |
cigars, and/or electronic nicotine-delivery system products, from an unlicensed distributor, |
manufacturer, or importer are prohibited. Any other tobacco products, except for cigars, and/or |
electronic nicotine-delivery system products purchased and/or obtained from an unlicensed person |
shall be subject to the terms of this chapter including, but not limited to, § 44-20-15 and shall be |
taxed pursuant to this section. |
(3) Effective January 1, 2025, any dealer having in the dealer’s possession any cigars with |
respect to the storage or use of which a tax is imposed by this section shall, within five (5) days |
after coming into possession of cigars in this state, file a return with the tax administrator in a form |
prescribed by the tax administrator. The return shall be accompanied by a payment of the amount |
of the tax shown on the form to be due. Records required under this section shall be preserved on |
the premises described in the relevant license in such a manner as to ensure permanency and |
accessibility for inspection at reasonable hours by authorized personnel of the administrator. |
(c) Existing Inventory Floor Tax. |
(1) For all nicotine products defined in § 44-20-1 as other tobacco products but not |
previously taxed as other tobacco products held by licensed retailers as of October 1 2025: Each |
person engaging in the business of selling nicotine products at retail in this state shall pay a tax at |
the rate of eighty percent (80%) of the wholesale cost of such products on October 1, 2025. Each |
person subject to the payment of the tax imposed by this section shall, on or before October 16, |
2025, file a return, under oath or certified under the penalties of perjury. with the administrator on |
forms furnished by the administrator, showing the wholesale cost of all nicotine products not |
previously taxed as other tobacco products in that person's possession in this state at 12:01 a.m. on |
October 1, 2025, as described in this section, and the amount of tax due. and shall at the time of |
filing the return pay the tax to the administrator. Failure to obtain forms shall not be an excuse for |
the failure to make a return containing the information required by the administrator. |
(2) For all nicotine products defined in § 44-20-1 as other tobacco products but not |
previously taxed as other tobacco products held by licensed distributors, manufacturers, and/or |
importers in Rhode Island as of October 1, 2025: Each person engaging in the business of |
distributing at wholesale nicotine products defined in § 44-20-1 as other tobacco products but not |
previously taxed as other tobacco products in this state shall pay a tax at the rate of eighty percent |
(80%) of the wholesale cost of such products on October 1, 2025. Each person subject to the |
payment of the tax imposed by this section shall, on or before October 16, 2025, file a return, under |
oath or certified under the penalties of perjury, with the administrator on forms furnished by the |
administrator, showing the wholesale cost of all nicotine products not previously taxed as other |
tobacco products in that person's possession in this state at 12:01 a.m. on October 1, 2025, as |
described in this section, and the amount of tax due, and shall at the time of filing the return pay |
the tax to the administrator. Failure to obtain forms shall not be an excuse for the failure to make a |
return containing the information required by the administrator. |
(c)(d) The proceeds collected are paid into the general fund. |
SECTION 10. Section 44-25-1 of the General Laws in Chapter 44-25 entitled "Real Estate |
Conveyance Tax" is hereby amended to read as follows: |
44-25-1. Tax imposed — Payment — Burden. |
(a) There is imposed, on each deed, instrument, or writing by which any lands, tenements, |
or other realty sold is granted, assigned, transferred, or conveyed, to, or vested in, the purchaser or |
purchasers, or any other person or persons, by his, her, or their direction, or on any grant, |
assignment, transfer, or conveyance or such vesting, by such persons that has the effect of making |
any real estate company an acquired real estate company, when the consideration paid exceeds one |
hundred dollars ($100), a tax at the rate of two dollars and thirty cents ($2.30) three dollars and |
seventy-five cents ($3.75) for each five hundred dollars ($500), or fractional part of it, that is paid |
for the purchase of property or the interest in an acquired real estate company (inclusive of the |
value of any lien or encumbrance remaining at the time the sale, grant, assignment, transfer, or |
conveyance or vesting occurs, or in the case of an interest in an acquired real estate company, a |
percentage of the value of such lien or encumbrance equivalent to the percentage interest in the |
acquired real estate company being granted, assigned, transferred, conveyed, or vested). The tax is |
payable at the time of making, the execution, delivery, acceptance, or presentation for recording of |
any instrument affecting such transfer, grant, assignment, transfer, conveyance, or vesting. In the |
absence of an agreement to the contrary, the tax shall be paid by the grantor, assignor, transferor, |
or person making the conveyance or vesting. |
(b) In addition to the tax imposed by subsection (a), there is imposed, on each deed, |
instrument, or writing by which any residential real property sold is granted, assigned, transferred, |
or conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, |
her, or their direction, or on any grant, assignment, transfer, or conveyance or such vesting, by such |
persons that has the effect of making any real estate company an acquired real estate company, |
when the consideration paid exceeds eight hundred thousand dollars ($800,000), a tax at the rate of |
two dollars and thirty cents ($2.30) three dollars and seventy-five cents ($3.75) for each five |
hundred dollars ($500), or fractional part of it, of the consideration in excess of eight hundred |
thousand dollars ($800,000) that is paid for the purchase of residential real property or the interest |
in an acquired real estate company (inclusive of the value of any lien or encumbrance remaining at |
the time the sale, grant, assignment, transfer, or conveyance or vesting occurs, or in the case of an |
interest in an acquired real estate company, a percentage of the value of such lien or encumbrance |
equivalent to the percentage interest in the acquired real estate company being granted, assigned, |
transferred, conveyed, or vested). The tax imposed by this subsection shall be paid at the same time |
and in the same manner as the tax imposed by subsection (a) For tax years beginning on or after |
January 1, 2026, the threshold of eight hundred thousand dollars ($800,000) provided pursuant to |
this section shall be adjusted by the percentage increase in the Consumer Price Index for all Urban |
Consumers (CPI-U) as published by the United States Department of Labor Statistics determined |
as of September 30 of the prior calendar years. Said adjustment shall be compounded annually and |
shall be rounded up to the nearest five-dollar ($5.00) increment. In no event shall the threshold in |
any tax year be less than the prior tax year. |
(c) In the event no consideration is actually paid for the lands, tenements, or realty, the |
instrument or interest in an acquired real estate company of conveyance shall contain a statement |
to the effect that the consideration is such that no documentary stamps are required. |
(d) The tax shall be distributed as follows: |
(1) With respect to the tax imposed by subsection (a): the tax administrator shall contribute |
to the distressed community relief program the sum of thirty cents ($.30) fifty cents ($.50) per two |
dollars and thirty cents ($2.30) three dollars and seventy-five cents ($3.75) of the face value of the |
stamps to be distributed pursuant to § 45-13-12, and to the housing resources and homelessness |
restricted receipt account established pursuant to § 42-128-2 the sum of thirty cents ($.30) fifty |
cents ($.50) per two dollars and thirty cents ($2.30) three dollars and seventy-five cents ($3.75) of |
the face value of the stamps. The state shall retain sixty cents ($.60) ninety-five cents ($.95) for |
state use. The balance of the tax shall be retained by the municipality collecting the tax. |
(2) With respect to the tax imposed by subsection (b): the tax administrator shall contribute |
the entire tax to the housing production fund established to the housing production fund the sum of |
two dollars and fifty cents ($2.50) per three dollars and seventy-five cents ($3.75) to be distributed |
pursuant to § 42-128-2.1, and to the housing resources and homelessness restricted receipt account |
the sum of one dollar and twenty-five cents ($1.25) to be distributed pursuant to § 42-128-2. |
(3) Notwithstanding the above, in the case of the tax on the grant, transfer, assignment, or |
conveyance or vesting with respect to an acquired real estate company, the tax shall be collected |
by the tax administrator and shall be distributed to the municipality where the real estate owned by |
the acquired real estate company is located; provided, however, in the case of any such tax collected |
by the tax administrator, if the acquired real estate company owns property located in more than |
one municipality, the proceeds of the tax shall be allocated amongst said municipalities in the |
proportion the assessed value of said real estate in each such municipality bears to the total of the |
assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. |
Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax, the tax |
administrator shall deposit as general revenues the sum of ninety cents ($.90) per two dollars and |
thirty cents ($2.30) of the face value of the stamps. The balance of the tax on the purchase of |
property shall be retained by the municipality collecting the tax. The balance of the tax on the |
transfer with respect to an acquired real estate company, shall be collected by the tax administrator |
and shall be distributed to the municipality where the property for which interest is sold is |
physically located. Provided, however, that in the case of any tax collected by the tax administrator |
with respect to an acquired real estate company where the acquired real estate company owns |
property located in more than one municipality, the proceeds of the tax shall be allocated amongst |
the municipalities in proportion that the assessed value in any such municipality bears to the |
assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. |
(e) For purposes of this section, the term “acquired real estate company” means a real estate |
company that has undergone a change in ownership interest if (1) The change does not affect the |
continuity of the operations of the company; and (2) The change, whether alone or together with |
prior changes has the effect of granting, transferring, assigning, or conveying or vesting, |
transferring directly or indirectly, 50% or more of the total ownership in the company within a |
period of three (3) years. For purposes of the foregoing subsection (e)(2), a grant, transfer, |
assignment, or conveyance or vesting, shall be deemed to have occurred within a period of three |
(3) years of another grant(s), transfer(s), assignment(s), or conveyance(s) or vesting(s) if during the |
period the granting, transferring, assigning, or conveying party provides the receiving party a |
legally binding document granting, transferring, assigning, or conveying or vesting the realty or a |
commitment or option enforceable at a future date to execute the grant, transfer, assignment, or |
conveyance or vesting. |
(f) A real estate company is a corporation, limited liability company, partnership, or other |
legal entity that meets any of the following: |
(1) Is primarily engaged in the business of holding, selling, or leasing real estate, where |
90% or more of the ownership of the real estate is held by 35 or fewer persons and which company |
either (i) derivesDerives 60% or more of its annual gross receipts from the ownership or disposition |
of real estate; or (ii) ownsOwns real estate the value of which comprises 90% or more of the value |
of the entity’s entire tangible asset holdings exclusive of tangible assets that are fairly transferrable |
and actively traded on an established market; or |
(2) Ninety percent or more of the ownership interest in such entity is held by 35 or fewer |
persons and the entity owns as 90% or more of the fair market value of its assets a direct or indirect |
interest in a real estate company. An indirect ownership interest is an interest in an entity 90% or |
more of which is held by 35 or fewer persons and the purpose of the entity is the ownership of a |
real estate company. |
(g) In the case of a grant, assignment, transfer, or conveyance or vesting that results in a |
real estate company becoming an acquired real estate company, the grantor, assignor, transferor, or |
person making the conveyance or causing the vesting, shall file or cause to be filed with the division |
of taxation, at least five (5) days prior to the grant, transfer, assignment, or conveyance or vesting, |
notification of the proposed grant, transfer, assignment, or conveyance or vesting, the price, terms |
and conditions thereof, and the character and location of all of the real estate assets held by the real |
estate company and shall remit the tax imposed and owed pursuant to subsection (a). Any such |
grant, transfer, assignment, or conveyance or vesting which results in a real estate company |
becoming an acquired real estate company shall be fraudulent and void as against the state unless |
the entity notifies the tax administrator in writing of the grant, transfer, assignment, or conveyance |
or vesting as herein required in subsection (g) and has paid the tax as required in subsection (a). |
Upon the payment of the tax by the transferor, the tax administrator shall issue a certificate of the |
payment of the tax which certificate shall be recordable in the land evidence records in each |
municipality in which such real estate company owns real estate. Where the real estate company |
has assets other than interests in real estate located in Rhode Island, the tax shall be based upon the |
assessed value of each parcel of property located in each municipality in the state of Rhode Island. |
SECTION 11. Section 44-31-2 of the General Laws in Chapter 44-31 entitled "Investment |
Tax Credit" is hereby amended to read as follows: |
44-31-2. Specialized investment tax credit. |
(a) A certified building owner, as provided in chapter 64.7 of title 42, may be allowed a |
specialized investment tax credit against the tax imposed by chapters 11, 14, 17 and 30 of this title. |
(b) The taxpayer may claim credit for the rehabilitation and reconstruction costs of a |
certified building, which has been substantially rehabilitated. Once substantial rehabilitation is |
established by the taxpayer, the taxpayer may claim credit for all rehabilitation and reconstruction |
costs incurred with respect to the certified building within five (5) years from the date of final |
designation of the certified building by the council pursuant to § 42-64.7-6. |
(c) The credit shall be ten percent (10%) of the rehabilitation and reconstruction costs of |
the certified building. The credit shall be allowable in the year the substantially rehabilitated |
certified building is first placed into service, which is the year in which, under the taxpayer’s |
depreciation practice, the period for depreciation with respect to such property begins, or the year |
in which the property is placed in a condition or state of readiness and availability for its specifically |
assigned function, whichever is earlier. |
(d) The credit shall not offset any tax liability in taxable years other than the year or years |
in which the taxpayer qualifies for the credit. The credit shall not reduce the tax below the |
minimum. Amounts of unused credit for this taxpayer may be carried over and offset against this |
taxpayer’s tax for a period not to exceed the following seven (7) taxable years. |
(e) In the case of a corporation, this credit is only allowed against the tax of that of a |
corporation included in a consolidated return that qualifies for the credit and not against the tax of |
other corporations that may join in the filing of a consolidated tax return. |
(f) Sunset. No credits shall be allowed under this section for tax years beginning on or after |
January 1, 2026. Credits allowed for tax years ending on or before December 31, 2025, may be |
carried forward into tax years beginning on or after January 1, 2026, in accordance with subsection |
(d) of this section. |
SECTION 12. Sections 44-31.2-5 and 44-31-.2-6 of the General Laws in Chapter 44-31.2 |
entitled "Motion Picture Production Tax Credits" are hereby amended to read as follows: |
44-31.2-5. Motion picture production company tax credit. |
(a) A motion picture production company shall be allowed a credit to be computed as |
provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The |
amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred |
directly attributable to activity within the state, provided: |
(1) That the primary locations are within the state of Rhode Island and the total production |
budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or |
(2) The motion picture production incurs and pays a minimum of ten million dollars |
($10,000,000) in state-certified production costs within a twelve-month (12) period. |
The credit shall be earned in the taxable year in which production in Rhode Island is |
completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c). |
(b) For the purposes of this section: “total production budget” means and includes the |
motion picture production company’s pre-production, production, and post-production costs |
incurred for the production activities of the motion picture production company in Rhode Island in |
connection with the production of a state-certified production. The budget shall not include costs |
associated with the promotion or marketing of the film, video, or television product. |
(c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million |
dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit |
is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to |
rules promulgated by the tax administrator, the administrator may issue a waiver of the seven |
million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the |
remaining funds available pursuant to section (e) of this section. |
(d) Credits allowed to a motion picture production company, which is a subchapter S |
corporation, partnership, or a limited liability company that is taxed as a partnership, shall be passed |
through respectively to persons designated as partners, members, or owners on a pro rata basis or |
pursuant to an executed agreement among such persons designated as subchapter S corporation |
shareholders, partners, or members documenting an alternate distribution method without regard to |
their sharing of other tax or economic attributes of such entity. |
(e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax |
year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter |
and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After |
December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for |
any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater |
production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available |
to motion picture productions and musical and theatrical productions. No specific amount shall be |
set aside for either type of production. |
(f) Exclusively for tax year 2022 and tax year 2023, the total amount of motion picture tax |
credits issued pursuant to this section and/or musical and theatrical production tax credits pursuant |
to chapter 31.3 of this title shall not exceed thirty million dollars ($30,000,000) thirty-five million |
dollars ($35,000,000). |
(g) Exclusively for tax year 2023 and tax year 2024, the total amount of motion picture tax |
credits issued pursuant to this section and/or musical and theatrical production tax credits pursuant |
to chapter 31.3 of this title shall not exceed forty million dollars ($40,000,000). |
44-31.2-6. Certification and administration. |
(a) Initial certification of a production. The applicant shall properly prepare, sign, and |
submit to the film office an application for initial certification of the Rhode Island production. The |
application shall include such information and data as the film office deems necessary for the proper |
evaluation and administration of the application, including, but not limited to, any information |
about the motion picture production company, and a specific Rhode Island motion picture. The film |
office shall review the completed application and determine whether it meets the requisite criteria |
and qualifications for the initial certification for the production. If the initial certification is granted, |
the film office shall issue a notice of initial certification of the motion picture production to the |
motion picture production company and to the tax administrator. The notice shall state that, after |
appropriate review, the initial application meets the appropriate criteria for conditional eligibility. |
The notice of initial certification will provide a unique identification number for the production |
based on the estimated completion date of the production and is only a statement of conditional |
eligibility for the production and, as such, does not grant or convey any Rhode Island tax benefits. |
The motion picture production company is responsible for notifying the film office and the Rhode |
Island division of taxation if it does not expect to complete its production within the same calendar |
year of its estimated completion date. If the motion picture production company does not expect to |
complete its production within the same calendar year of its estimated completion date, it shall |
notify both the film office and the Rhode Island division of taxation immediately upon learning of |
the reason for the change in completion date. |
(b) Final certification of a production. Upon completion of the Rhode Island production |
activities, the applicant shall request a certificate of good standing from the Rhode Island division |
of taxation. The certificates shall verify to the film office the motion picture production company’s |
compliance with the requirements of § 44-31.2-2(11). The applicant shall properly prepare, sign, |
and submit to the film office an application for final certification of the production and which must |
include the certificate of good standing from the division of taxation. In addition, the application |
shall contain such information and data as the film office determines is necessary for the proper |
evaluation and administration, including, but not limited to, any information about the motion |
picture production company, its investors, and information about the production previously granted |
initial certification. The final application shall also contain a cost report and an “accountant’s |
certification.” The film office and tax administrator may rely without independent investigation, |
upon the accountant’s certification, in the form of an opinion, confirming the accuracy of the |
information included in the cost report. Upon review of a duly completed and filed application, the |
film office will make a determination pertaining to the final certification of the production. Within |
ninety (90) days after the division of taxation’s receipt of the motion picture production company |
final certification and cost report, the division of taxation shall issue a certification of the amount |
of credit for which the motion picture production company qualifies under § 44-31.2-5. To claim |
the tax credit, the division of taxation’s certification as to the amount of the tax credit shall be |
attached to all state tax returns on which the credit is claimed. |
(c) Final certification and credits. Upon determination that the motion picture production |
company qualifies for final certification, the film office shall issue a letter to the production |
company indicating “certificate of completion of a state-certified production.” A motion picture |
production company is prohibited from using state funds, state loans, or state guaranteed loans to |
qualify for the motion picture tax credit. All documents that are issued by the film office pursuant |
to this section shall reference the identification number that was issued to the production as part of |
its initial certification. |
(d) The director of the Rhode Island council on the arts, in consultation as needed with the |
tax administrator, shall promulgate such rules and regulations as are necessary to carry out the |
intent and purposes of this chapter in accordance with the general guidelines provided herein for |
the certification of the production and the resultant production credit. |
(e) The tax administrator of the division of taxation, in consultation with the director of the |
Rhode Island film and television office, shall promulgate the rules and regulations as are necessary |
to carry out the intent and purposes of this chapter in accordance with the general guidelines for |
the tax credit provided herein. |
(f) Any motion picture production company applying for the credit shall be required to |
reimburse the division of taxation for any audits required in relation to granting the credit. |
SECTION 13. Sections 44-32-1, 44-32-2 and 44-32-3 of the General Laws in Chapter 44- |
32 entitled "Elective Deduction for Research and Development Facilities" are hereby amended to |
read as follows: |
44-32-1. Elective deduction against allocated entire net income. |
(a) General. Except as provided in subsection (c) of this section, at the election of a taxpayer |
who is subject to the income tax imposed by chapters 11 or 30 of this title, there shall be deducted |
from the portion of its entire net income allocated within the state the items prescribed in subsection |
(b) of this section, in lieu of depreciation or investment tax credit. |
(b) One-year write-off of new research and development facilities. |
(1) Expenditures paid or incurred during the taxable year for the construction, |
reconstruction, erection or acquisition of any new, not used, property as described in subsection (c) |
of this section, which is used or to be used for purposes of research and development in the |
experimental or laboratory sense. The purposes are not deemed to include the ordinary testing or |
inspection of materials or products for quality control, efficiency surveys, management studies, |
consumer surveys, advertising, promotion, or research in connection with literary, historical, or |
similar projects. The deduction shall be allowed only on condition that the entire net income for |
the taxable year and all succeeding taxable years is computed without the deduction of any |
expenditures and without any deduction for depreciation of the property, except to the extent that |
its basis may be attributable to factors other than the expenditures, (expenditures and depreciation |
deducted for federal income tax purposes shall be added to the entire net income allocated to Rhode |
Island), or in case a deduction is allowable pursuant to this subdivision for only a part of the |
expenditures, on condition that any deduction allowed for federal income tax purposes on account |
of the expenditures or on account of depreciation of the property is proportionately reduced in |
computing the entire net income for the taxable year and all succeeding taxable years. Concerning |
property that is used or to be used for research and development only in part, or during only part of |
its useful life, a proportionate part of the expenditures shall be deductible. If all or part of the |
expenditures concerning any property has been deducted as provided in this section, and the |
property is used for purposes other than research and development to a greater extent than originally |
reported, the taxpayer shall report the use in its report for the first taxable year during which it |
occurs, and the tax administrator may recompute the tax for the year or years for which the |
deduction was allowed, and may assess any additional tax resulting from the recomputation as a |
current tax, within three (3) years of the reporting of the change to the tax administrator. Any |
change in use of the property in whole or in part from that, which originally qualified the property |
for the deduction, requires a recomputation. The tax administrator has the authority to promulgate |
regulations to prevent the avoidance of tax liability. |
(2) The deduction shall be allowed only where an election for amortization of air or water |
pollution control facilities has not been exercised in respect to the same property. |
(3) The tax as a result of recomputation of a prior year’s deduction is due as an additional |
tax for the year the property ceases to qualify. |
(c) Property covered by deductions. The deductions shall be allowed only with respect to |
tangible property which is new, not used, is depreciable pursuant to 26 U.S.C. § 167, was acquired |
by purchase as defined in 26 U.S.C. § 179(d), has a situs in this state, and is used in the taxpayer’s |
trade or business. For the taxable years beginning on or after July 1, 1974, a taxpayer is not allowed |
a deduction under this section with respect to tangible property leased by it to any other person or |
corporation or leased from any other person or corporation. For purposes of the preceding sentence, |
any contract or agreement to lease or rent or for a license to use the property is considered a lease, |
unless the contract or agreement is treated for federal income tax purposes as an installment |
purchase rather than a lease. With respect to property that the taxpayer uses itself for purposes other |
than leasing for part of a taxable year and leases for a part of a taxable year, the taxpayer shall be |
allowed a deduction under this section in proportion to the part of the year it uses the property. |
(d) Entire net income. “Entire net income”, as used in this section, means net income |
allocated to this state. |
(e) Carry-over of excess deductions. If the deductions allowable for any taxable year |
pursuant to this section exceed the portion of the taxpayer’s entire net income allocated to this state |
for that year, the excess may be carried over to the following taxable year or years, not to exceed |
three (3) years, and may be deducted from the portion of the taxpayer’s entire net income allocated |
to this state for that year or years. |
(f) Gain or loss on sale or disposition of property. In any taxable year when property is sold |
or disposed of before the end of its useful life, with respect to which a deduction has been allowed |
pursuant to subsection (b) of this section, the gain or loss on this entering into the computation of |
federal taxable income is disregarded in computing the entire net income, and there is added to or |
subtracted from the portion of the entire net income allocated within the state the gain or loss upon |
the sale or other disposition. In computing the gain or loss, the basis of the property sold or disposed |
of is adjusted to reflect the deduction allowed with respect to the property pursuant to subsection |
(b) of this section; provided, that no loss is recognized for the purpose of this subsection with |
respect to a sale or other disposition of property to a person whose acquisition of this property is |
not a purchase as defined in 26 U.S.C. § 179(d). |
(g) Investment credit not allowed on research and development property. No investment |
credit under chapter 31 of this title shall be allowed on the research and development property for |
which accelerated write-off is adopted under this section. |
(h) Consolidated returns. The research and development deduction shall only be allowed |
against the entire net income of the corporation included in a consolidated return and shall not be |
allowed against the entire net income of other corporations that may join in the filing of a |
consolidated state tax return. |
(i) Sunset. No deductions shall be allowed under this section for tax years beginning on or |
after January 1, 2026. Deductions allowed for tax years ending on or before December 31, 2025, |
may be carried forward into tax years beginning on or after January 1, 2026, in accordance with |
subsection (e) of this section. |
44-32-2. Credit for research and development property acquired, constructed, or |
reconstructed or erected after July 1, 1994. |
(a) A taxpayer shall be allowed a credit against the tax imposed by chapters 11, 17, or 30 |
of this title. The amount of the credit shall be ten percent (10%) of the cost or other basis for federal |
income tax purposes of tangible personal property, and other tangible property, including buildings |
and structural components of buildings, described in subsection (b) of this section; acquired, |
constructed or reconstructed, or erected after July 1, 1994. |
(b) A credit shall be allowed under this section with respect to tangible personal property |
and other tangible property, including buildings and structural components of buildings which are: |
depreciable pursuant to 26 U.S.C. § 167 or recovery property with respect to which a deduction is |
allowable under 26 U.S.C. § 168, have a useful life of three (3) years or more, are acquired by |
purchase as defined in 26 U.S.C. § 179(d), have a situs in this state and are used principally for |
purposes of research and development in the experimental or laboratory sense which shall also |
include property used by property and casualty insurance companies for research and development |
into methods and ways of preventing or reducing losses from fire and other perils. The credit shall |
be allowable in the year the property is first placed in service by the taxpayer, which is the year in |
which, under the taxpayer’s depreciation practice, the period for depreciation with respect to the |
property begins, or the year in which the property is placed in a condition or state of readiness and |
availability for a specifically assigned function, whichever is earlier. These purposes shall not be |
deemed to include the ordinary testing or inspection of materials or products for quality control, |
efficiency surveys, management studies, consumer surveys, advertising, promotions, or research in |
connection with literary, historical, or similar projects. |
(c) A taxpayer shall not be allowed a credit under this section with respect to any property |
described in subsections (a) and (b) of this section, if a deduction is taken for the property under § |
44-32-1. |
(d) A taxpayer shall not be allowed a credit under this section with respect to tangible |
personal property and other tangible property, including buildings and structural components of |
buildings, which it leases to any other person or corporation. For purposes of the preceding |
sentence, any contract or agreement to lease or rent or for a license to use the property is considered |
a lease. |
(e) The credit allowed under this section for any taxable year does not reduce the tax due |
for that year, in the case of corporations, to less than the minimum fixed by § 44-11-2(e). If the |
amount of credit allowable under this section for any taxable year is less than the amount of credit |
available to the taxpayer, any amount of credit not credited in that taxable year may be carried over |
to the following year or years, up to a maximum of seven (7) years, and may be credited against |
the taxpayer’s tax for the following year or years. For purposes of chapter 30 of this title, if the |
credit allowed under this section for any taxable year exceeds the taxpayer’s tax for that year, the |
amount of credit not credited in that taxable year may be carried over to the following year or years, |
up to a maximum of seven (7) years, and may be credited against the taxpayer’s tax for the |
following year or years. |
(f)(1) With respect to property which is depreciable pursuant to 26 U.S.C. § 167 and which |
is disposed of or ceases to be in qualified use prior to the end of the taxable year in which the credit |
is to be taken, the amount of the credit is that portion of the credit provided for in this section which |
represents the ratio which the months of qualified use bear to the months of useful life. If property |
on which credit has been taken is disposed of or ceases to be in qualified use prior to the end of its |
useful life, the difference between the credit taken and the credit allowed for actual use must be |
added back in the year of disposition. If the property is disposed of or ceases to be in qualified use |
after it has been in qualified use for more than twelve (12) consecutive years, it is not necessary to |
add back the credit as provided in this subdivision. The amount of credit allowed for actual use is |
determined by multiplying the original credit by the ratio which the months of qualified use bear |
to the months of useful life. For purposes of this subdivision, “useful life of property” is the same |
as the taxpayer uses for depreciation purposes when computing his federal income tax liability. |
(2) Except with respect to that property to which subdivision (3) of this subsection applies, |
with respect to three (3) year property, as defined in 26 U.S.C. § 168(c), which is disposed of or |
ceases to be in qualified use prior to the end of the taxable year in which the credit is to be taken, |
the amount of the credit shall be that portion of the credit provided for in this section which |
represents the ratio which the months of qualified use bear to thirty-six (36). If property on which |
credit has been taken is disposed of or ceases to be in qualified use prior to the end of thirty-six |
(36) months, the difference between the credit taken and the credit allowed for actual use must be |
added back in the year of disposition. The amount of credit allowed for actual use is determined by |
multiplying the original credit by the ratio that the months of qualified use bear to thirty-six (36). |
(3) With respect to any recovery property to which 26 U.S.C. § 168 applies, which is a |
building or a structural component of a building and which is disposed of or ceases to be in qualified |
use prior to the end of the taxable year in which the credit is to be taken, the amount of the credit |
is that portion of the credit provided for in this section which represents the ratio which the months |
of qualified use bear to the total number of months over which the taxpayer chooses to deduct the |
property under 26 U.S.C. § 168. If property on which credit has been taken is disposed of or ceases |
to be in qualified use prior to the end of the period over which the taxpayer chooses to deduct the |
property under 26 U.S.C. § 168, the difference between the credit taken and the credit allowed for |
actual use must be added back in the year of disposition. If the property is disposed of or ceases to |
be in qualified use after it has been in qualified use for more than twelve (12) consecutive years, it |
is not necessary to add back the credit as provided in this subdivision. The amount of credit allowed |
for actual use is determined by multiplying the original credit by the ratio that the months of |
qualified use bear to the total number of months over which the taxpayer chooses to deduct the |
property under 26 U.S.C. § 168. |
(g) No deduction for research and development facilities under § 44-32-1 shall be allowed |
for research and development property for which the credit is allowed under this section. |
(h) No investment tax credit under § 44-31-1 shall be allowed for research and development |
property for which the credit is allowed under this section. |
(i) The investment tax credit allowed by § 44-31-1 shall be taken into account before the |
credit allowed under this section. |
(j) The credit allowed under this section only allowed against the tax of that corporation |
included in a consolidated return that qualifies for the credit and not against the tax of other |
corporations that may join in the filing of a consolidated return. |
(k) In the event that the taxpayer is a partnership, joint venture or small business |
corporation, the credit shall be divided in the same manner as income. |
(l) Sunset. No credits shall be allowed under this section for tax years beginning on or after |
January 1, 2026. Credits allowed for tax years ending on or before December 31, 2025, may be |
carried forward into tax years beginning on or after January 1, 2026, in accordance with subsection |
(e) of this section. |
44-32-3. Credit for qualified research expenses. |
(a) A taxpayer shall be allowed a credit against the tax imposed by chapters 11, 17 or 30 |
of this title. The amount of the credit shall be five percent (5%)(and in the case of amounts paid or |
accrued after January 1, 1998, twenty-two and one-half percent (22.5%) for the first twenty-five |
thousand dollars ($25,000) worth of credit and sixteen and nine-tenths percent (16.9%) for the |
amount of credit above twenty-five thousand dollars ($25,000)) of the excess, if any, of: |
(1) The qualified research expenses for the taxable year, over |
(2) The base period research expenses. |
(b)(1) “Qualified research expenses” and “base period research expenses” have the same |
meaning as defined in 26 U.S.C. § 41; provided, that the expenses have been incurred in this state |
after July 1, 1994. |
(2) Notwithstanding the provisions of subdivision (1) of this subsection, “qualified research |
expenses” also includes amounts expended for research by property and casualty insurance |
companies into methods and ways of preventing or reducing losses from fire and other perils. |
(c) The credit allowed under this section for any taxable year shall not reduce the tax due |
for that year by more than fifty percent (50%) of the tax liability that would be payable, and in the |
case of corporations, to less than the minimum fixed by § 44-11-2(e). If the amount of credit |
allowable under this section for any taxable year is less than the amount of credit available to the |
taxpayer any amount of credit not credited in that taxable year may be carried over to the following |
year or years, up to a maximum of seven (7) years, and may be credited against the taxpayer’s tax |
for that year or years. For purposes of chapter 30 of this title, if the credit allowed under this section |
for any taxable year exceeds the taxpayer’s tax for that year, the amount of credit not credited in |
that taxable year may be carried over to the following year or years, up to a maximum of seven (7) |
years, and may be credited against the taxpayer’s tax for that year or years. For purposes of |
determining the order in which carry-overs are taken into consideration, the credit allowed by § 44- |
32-2 is taken into account before the credit allowed under this section. |
(d) For tax years beginning on or after January 1, 2026, the credit allowed under this section |
for any taxable year shall not reduce the tax due for that year by more than fifty percent (50%) of |
the tax liability that would be payable, and in the case of corporations, to less than the minimum |
fixed by § 44-11-2(e). If the amount of credit allowable under this section for any taxable year is |
less than the amount of credit available to the taxpayer any amount of credit not credited in that |
taxable year may be carried over to the following year or years, up to a maximum of fifteen (15) |
years, and may be credited against the taxpayer’s tax for that year or years. For purposes of chapter |
30 of this title, if the credit allowed under this section for any taxable year exceeds the taxpayer’s |
tax for that year, the amount of credit not credited in that taxable year may be carried over to the |
following year or years, up to a maximum of fifteen (15) years, and may be credited against the |
taxpayer’s tax for that year or years. For purposes of determining the order in which carry-overs |
are taken into consideration, the credit allowed by § 44-32-2 is taken into account before the credit |
allowed under this section. |
(d)(e) The investment tax credit allowed by § 44-31-1 shall be taken into account before |
the credit allowed under this section. |
(e)(f) The credit allowed under this section shall only be allowed against the tax of that |
corporation included in a consolidated return that qualifies for the credit and not against the tax of |
other corporations that may join in the filing of a consolidated return. |
(f)(g) In the event the taxpayer is a partnership, joint venture or small business corporation, |
the credit is divided in the same manner as income. |
SECTION 14. Chapter 44-39.1 of the General Laws entitled "Employment Tax Credit" is |
hereby amended by adding thereto the following section: |
44-39.1-5. Sunset. |
No credits shall be allowed under this chapter for tax years beginning on or after January |
1, 2026. |
SECTION 15. Sections 44-43-2 and 44-43-3 of the General Laws in Chapter 44-43 entitled |
"Tax Incentives for Capital Investment in Small Businesses" are hereby amended to read as follows: |
44-43-2. Deduction or modification. |
(a) In the year in which a taxpayer first makes a qualifying investment in a certified venture |
capital partnership or the year in which an entrepreneur first makes an investment in a qualifying |
entity, the taxpayer or the entrepreneur shall be allowed: |
(1) A deduction for purposes of computing net income or net worth in accordance with |
chapter 11 of this title; or |
(2) A deduction from gross earnings for purposes of computing the public service |
corporation tax in accordance with chapter 13 of this title; or |
(3) A deduction for the purposes of computing net income in accordance with chapter 14 |
of this title; or |
(4) A deduction for the purposes of computing gross premiums in accordance with chapter |
17 of this title; or |
(5) A modification reducing federal adjusted gross income in accordance with chapter 30 |
of this title. |
(b) The deduction or modification shall be in an amount equal to the taxpayer’s qualifying |
investment in a certified venture capital partnership or an entrepreneur’s investment in a qualifying |
business entity and shall be measured at the year end of the certified venture capital partnership, |
the year end of the qualifying business entity, or the year end of the investing taxpayer, whichever |
comes first. |
(c) Sunset. No deductions or modifications shall be allowed under this section for tax years |
beginning on or after January 1, 2026. |
44-43-3. Wage credit. |
(a) There shall be allocated among the entrepreneurs of a qualifying business entity (based |
on the ratio of each entrepreneur’s interest in the entity to the total interest held by all entrepreneurs) |
with respect to each entity on an annual basis commencing with the calendar year in which the |
entity first qualified as a qualifying business entity a credit against the tax imposed by chapter 30 |
of this title. The credit shall be equal to three percent (3%) of the wages (as defined in 26 U.S.C. § |
3121(a)) in excess of fifty thousand dollars ($50,000) paid during each calendar year to employees |
of the entity; provided, that there shall be excluded from the amount on which the credit is based |
any wages: |
(1) Paid to any owner of the entity; |
(2) Paid more than five (5) years after the entity commenced business or five (5) years after |
the purchase of the business entity by new owners, whichever occurs later; or |
(3) Paid to employees who are not principally employed in Rhode Island and whose wages |
are not subject to withholding pursuant to chapter 30 of this title. |
(b) The credit authorized by this section shall cease in the taxable year next following after |
the taxable year in which the average annual gross revenue of the business entity equals or exceeds |
one million five hundred thousand dollars ($1,500,000). |
(c) Sunset. No credits shall be allowed under this section for tax years beginning on or after |
January 1, 2026. |
SECTION 16. Chapter 44-53 of the General Laws entitled "Levy and Distraint" is hereby |
amended by adding thereto the following section: |
44-53-18. Financial institution data match system for state tax collection purposes. |
(a) Definitions. As used in this section: |
(1) “Division” means the Rhode Island department of revenue, division of taxation. |
(2) “Financial institution” means any bank, savings and loan association, federal or state |
credit union, trust company, consumer lender, international banking facility, financial institution |
holding company, benefit association, insurance company, safe deposit company, or any entity |
authorized by the taxpayer to buy, sell, transfer, store, and/or trade monetary assets or its equivalent, |
including, but not limited to, virtual currency, and any party affiliated with the financial institution. |
A financial institution includes any person or entity authorized or required to participate in a |
financial institution data match system or program for child support enforcement purposes under |
federal or state law. |
(b) Financial institution data match system for state tax collection purposes. |
(1) To assist the tax administrator in the collection of debts, the division shall develop and |
operate a financial institution data match system for the purpose of identifying and seizing the non- |
exempt assets of delinquent taxpayers as identified by the tax administrator. The tax administrator |
is authorized to designate a third party to develop and operate this system. Any third party |
designated by the tax administrator to develop and operate a financial data match system must keep |
all information it obtains from both the division and the financial institution confidential, and any |
employee, agent, or representative of that third party is prohibited from disclosing that information |
to anyone other than the division or the financial institution. |
(2) Each financial institution doing business in the state shall, in conjunction with the tax |
administrator or the tax administrator’s authorized designee, develop and operate a data match |
system to facilitate the identification and seizure of non-exempt financial assets of delinquent |
taxpayers identified by the tax administrator or the tax administrator’s authorized designee. If a |
financial institution has a data match system developed or used to administer the child support |
enforcement programs of this state, and if that system is approved by the tax administrator or the |
tax administrator’s authorized designee, the financial institution may use that system to comply |
with the provisions of this section. |
(c) Each financial institution must provide identifying information at least each calendar |
quarter to the division for each delinquent taxpayer identified by the division who or that maintains |
an account at the institution. The identifying information must include the delinquent taxpayer’s |
name, address, and social security number or other taxpayer identification number, and all account |
numbers and balances in each account. |
(d) A financial institution that complies with this section will not be liable under state law |
to any person for the disclosure of information to the tax administrator or the tax administrator’s |
authorized designee, or any other action taken in good faith to comply with this section. |
(e) Both the financial institution furnishing a report to the tax administrator under this |
section and the tax administrator’s authorized designee are prohibited from disclosing to the |
delinquent taxpayer that the name of the delinquent taxpayer has been received from or furnished |
to the tax administrator, unless authorized in writing by the tax administrator to do so. A violation |
of this subsection will result in the imposition of a civil penalty equal to the greater of one thousand |
dollars ($1,000) or the amount in the account of the person to whom the disclosure was made for |
each instance of unauthorized disclosure by the financial institution or the tax administrator’s |
authorized designee under subsection (b)(1). That civil penalty can be assessed and collected under |
this title as if that penalty were tax. |
(f) A financial institution may disclose to its depositors or account holders that the division |
has the authority to request certain identifying information on certain depositors or account holders |
under the financial institution data match system for state tax collection purposes. |
(g) This section does not prevent the division from encumbering a delinquent taxpayer’s |
account with a financial institution by any other remedy available for the enforcement of tax |
collection activities. |
SECTION 17. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 |
entitled "Zoning Ordinances" are hereby amended to read as follows: |
45-24-31. Definitions. |
Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they |
have the meanings stated in that section. In addition, the following words have the following |
meanings. Additional words and phrases may be used in developing local ordinances under this |
chapter; however, the words and phrases defined in this section are controlling in all local |
ordinances created under this chapter: |
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with |
no intervening land. |
(2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the |
principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An |
ADU provides complete independent living facilities for one or more persons. It may take various |
forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, |
such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. |
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
and subordinate to the principal use of the land or building. An accessory use may be restricted to |
the same lot as the principal use. An accessory use shall not be permitted without the principal use |
to which it is related. |
(4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. |
(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
or itstheir property will be injured by a decision of any officer or agency responsible for |
administering the zoning ordinance of a city or town; or |
(ii) Anyone requiring notice pursuant to this chapter. |
(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
(8) Applicant. An owner, or authorized agent of the owner, submitting an application or |
appealing an action of any official, board, or agency. |
(9) Application. The completed form, or forms, and all accompanying documents, exhibits, |
and fees required of an applicant by an approving authority for development review, approval, or |
permitting purposes. |
(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to |
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. |
(11) Building. Any structure used or intended for supporting or sheltering any use or |
occupancy. |
(12) Building envelope. The three-dimensional space within which a structure is permitted |
to be built on a lot and that is defined by regulations governing building setbacks, maximum height, |
and bulk; by other regulations; or by any combination thereof. |
(13) Building height. For a vacant parcel of land, building height shall be measured from |
the average, existing-grade elevation where the foundation of the structure is proposed. For an |
existing structure, building height shall be measured from average grade taken from the outermost |
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top |
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, |
chimneys, flag poles, and the like. For any property or structure located in a special flood hazard |
area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the |
Rhode Island coastal resources management council (CRMC) suggested design elevation three foot |
(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) |
storm, the greater of the following amounts, expressed in feet, shall be excluded from the building |
height calculation: |
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
proposed freeboard, less the average existing grade elevation; or |
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
otherwise necessary. |
(14) Cluster. A site-planning technique that concentrates buildings in specific areas on the |
site to allow the remaining land to be used for recreation, common open space, and/or preservation |
of environmentally, historically, culturally, or other sensitive features and/or structures. The |
techniques used to concentrate buildings shall be specified in the ordinance and may include, but |
are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the |
resultant open land being devoted by deed restrictions for one or more uses. Under cluster |
development, there is no increase in the number of lots that would be permitted under conventional |
development except where ordinance provisions include incentive bonuses for certain types or |
conditions of development. |
(15) Common ownership. Either: |
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
or more contiguous lots; or |
(ii) Ownership by any association (ownership may also include a municipality) of one or |
more lots under specific development techniques. |
(16) Community residence. A home or residential facility where children and/or adults |
reside in a family setting and may or may not receive supervised care. This does not include halfway |
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
following: |
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
disability reside in any type of residence in the community, as licensed by the state pursuant to |
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
residences; |
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
(iii) A residence for children providing care or supervision, or both, to not more than eight |
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
title 42; |
(iv) A community transitional residence providing care or assistance, or both, to no more |
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
more than two (2) years. Residents will have access to, and use of, all common areas, including |
eating areas and living rooms, and will receive appropriate social services for the purpose of |
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
compliance. |
(18) Day care — Daycare center. Any other daycare center that is not a family daycare |
home. |
(19) Day care — Family daycare home. Any home, other than the individual’s home, in |
which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
(8) individuals receiving day care. |
(20) Density, residential. The number of dwelling units per unit of land. |
(21) Development. The construction, reconstruction, conversion, structural alteration, |
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
or any change in use, or alteration or extension of the use, of land. |
(22) Development plan review. See §§ 45-23-32 and 45-23-50. |
(23) District. See “zoning use district.” |
(24) Drainage system. A system for the removal of water from land by drains, grading, or |
other appropriate means. These techniques may include runoff controls to minimize erosion and |
sedimentation during and after construction or development; the means for preserving surface and |
groundwaters; and the prevention and/or alleviation of flooding. |
(25) Dwelling unit. A structure, or portion of a structure, providing complete, independent |
living facilities for one or more persons, including permanent provisions for living, sleeping, eating, |
cooking, and sanitation, and containing a separate means of ingress and egress. |
(26) Extractive industry. The extraction of minerals, including: solids, such as coal and |
ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
preparation customarily done at the extraction site or as a part of the extractive activity. |
(27) Family member. A person, or persons, related by blood, marriage, or other legal |
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
(28) Floating zone. An unmapped zoning district adopted within the ordinance that is |
established on the zoning map only when an application for development, meeting the zone |
requirements, is approved. |
(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a |
flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
the hydrological effect of urbanization of the watershed. |
(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
(32) Halfway house. A residential facility for adults or children who have been |
institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
a functional member of society. |
(33) Hardship. See § 45-24-41. |
(34) Historic district or historic site. As defined in § 45-22.2-4. |
(35) Home occupation. Any activity customarily carried out for gain by a resident, |
conducted as an accessory use in the resident’s dwelling unit. For the purposes of this chapter, |
home occupation does not include remote work activities as defined in § 45-24-37. |
(36) Household. One or more persons living together in a single-dwelling unit, with |
common access to, and common use of, all living and eating areas and all areas and facilities for |
the preparation and storage of food within the dwelling unit. The term “household unit” is |
synonymous with the term “dwelling unit” for determining the number of units allowed within any |
structure on any lot in a zoning district. An individual household shall consist of any one of the |
following: |
(i) A family, which may also include servants and employees living with the family; or |
(ii) A person or group of unrelated persons living together. The maximum number may be |
set by local ordinance, but this maximum shall not be less than one person per bedroom and shall |
not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to |
NARR-certified recovery residences. |
(37) Incentive zoning. The process whereby the local authority may grant additional |
development capacity in exchange for the developer’s provision of a public benefit or amenity as |
specified in local ordinances. |
(38) Infrastructure. Facilities and services needed to sustain residential, commercial, |
industrial, institutional, and other activities. |
(39) Land development project. As defined in § 45-23-32. |
(40) Lot. Either: |
(i) The basic development unit for determination of lot area, depth, and other dimensional |
regulations; or |
(ii) A parcel of land whose boundaries have been established by some legal instrument, |
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
purposes of transfer of title. |
(41) Lot area. The total area within the boundaries of a lot, excluding any street right-of- |
way, usually reported in acres or square feet. |
(42) Lot area, minimum. The smallest land area established by the local zoning ordinance |
upon which a use, building, or structure may be located in a particular zoning district. |
(43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings |
and accessory buildings. |
(44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots |
where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify |
how noncontiguous frontage will be considered with regard to minimum frontage requirements. |
(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from |
a public or private street or any other public or private space and shall include: |
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
specify the method to be used to determine the front lot line on lots fronting on more than one |
street, for example, corner and through lots; |
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length |
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
be a street lot line, depending on requirements of the local zoning ordinance. |
(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined |
herein. |
(48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) |
streets that do not intersect at the boundaries of the lot. |
(49) Lot width. The horizontal distance between the side lines of a lot measured at right |
angles to its depth along a straight line parallel to the front lot line at the minimum front setback |
line. |
(50) Manufactured home. As used in this section, a manufactured home shall have the same |
definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, |
in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in |
length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is |
built on a permanent chassis and designed to be used as a dwelling with a permanent foundation |
connected to the required utilities, and includes the plumbing, heating, air-conditioning, and |
electrical systems contained therein; except that such term shall include any structure that meets all |
the requirements of this definition except the size requirements and with respect to which the |
manufacturer voluntarily files a certification required by the United States Secretary of Housing |
and Urban Development and complies with the standards established under chapter 70 of Title 42 |
of the United States Code; and except that such term shall not include any self-propelled |
recreational vehicle. |
(51) Mere inconvenience. See § 45-24-41. |
(52) Mixed use. A mixture of land uses within a single development, building, or tract. |
(53) Modification. Permission granted and administered by the zoning enforcement officer |
of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance |
other than lot area requirements from the zoning ordinance to a limited degree as determined by |
the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of |
the applicable dimensional requirements. |
(54) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with |
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: |
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
not a permitted use in that zoning district. A building or structure containing more dwelling units |
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
or structure containing more dwelling units than are permitted by the use regulations of a zoning |
ordinance is nonconforming by use; a building or structure containing a permitted number of |
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
dwelling unit regulations, is nonconforming by dimension. |
(55) Overlay district. A district established in a zoning ordinance that is superimposed on |
one or more districts or parts of districts. The standards and requirements associated with an overlay |
district may be more or less restrictive than those in the underlying districts consistent with other |
applicable state and federal laws. |
(56) Performance standards. A set of criteria or limits relating to elements that a particular |
use or process must either meet or may not exceed. |
(57) Permitted use. A use by right that is specifically authorized in a particular zoning |
district. |
(58) Planned development. A “land development project,” as defined in subsection (39), |
and developed according to plan as a single entity and containing one or more structures or uses |
with appurtenant common areas. |
(59) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
(60) Preapplication conference. A review meeting of a proposed development held between |
applicants and reviewing agencies as permitted by law and municipal ordinance, before formal |
submission of an application for a permit or for development approval. |
(61) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of |
the required setback for the zoning district in which the lot is located that establishes the area within |
which the principal structure must be erected or placed. |
(62) Site plan. The development plan for one or more lots on which is shown the existing |
and/or the proposed conditions of the lot. |
(63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface |
of the ground. |
(64) Special use. A regulated use that is permitted pursuant to the special-use permit issued |
by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special |
exception. |
(65) Structure. A combination of materials to form a construction for use, occupancy, or |
ornamentation, whether installed on, above, or below the surface of land or water. |
(66) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
of that ordinance. |
(67) Use. The purpose or activity for which land or buildings are designed, arranged, or |
intended, or for which land or buildings are occupied or maintained. |
(68) Variance. Permission to depart from the literal requirements of a zoning ordinance. |
An authorization for the construction or maintenance of a building or structure, or for the |
establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are |
only two (2) categories of variance, a use variance or a dimensional variance. |
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
where the applicant for the requested variance has shown by evidence upon the record that the |
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
zoning ordinance. |
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
zoning ordinance under the applicable standards set forth in § 45-24-41. |
(69) Waters. As defined in § 46-12-1(23). |
(70) Wetland, coastal. As defined in § 45-22.2-4. |
(71) Wetland, freshwater. As defined in § 2-1-20. |
(72) Zoning certificate. A document signed by the zoning enforcement officer, as required |
in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies |
with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an |
authorized variance or modification therefrom. |
(73) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
town. |
(74) Zoning ordinance. An ordinance enacted by the legislative body of the city or town |
pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or |
town’s legislative or home rule charter, if any, that establish regulations and standards relating to |
the nature and extent of uses of land and structures; that is consistent with the comprehensive plan |
of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
complies with the provisions of this chapter. |
(75) Zoning use district. The basic unit in zoning, either mapped or unmapped, to which a |
uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning use |
districts include, but are not limited to: agricultural, commercial, industrial, institutional, open |
space, and residential. Each district may include sub-districts. Districts may be combined. |
45-24-37. General provisions — Permitted uses. |
(a) The zoning ordinance shall provide a listing of all land uses and/or performance |
standards for uses that are permitted within the zoning use districts of the municipality. The |
ordinance may provide for a procedure under which a proposed land use that is not specifically |
listed may be presented by the property owner to the zoning board of review or to a local official |
or agency charged with administration and enforcement of the ordinance for an evaluation and |
determination of whether the proposed use is of a similar type, character, and intensity as a listed |
permitted use. Upon such determination, the proposed use may be considered to be a permitted use. |
(b) Notwithstanding any other provision of this chapter, the following uses are permitted |
uses within all residential zoning use districts of a municipality and all industrial and commercial |
zoning use districts except where residential use is prohibited for public health or safety reasons: |
(1) Households; |
(2) Community residences; and |
(3) Family daycare homes; and |
(4) Remote work, defined as a work flexibility arrangement under which a W-2 employee |
or full-time contractor routinely performs the duties and responsibilities of such employee’s |
position from an approved worksite other than the location from which the employee would |
otherwise work. |
(i) Remote work shall not include any activities that: |
(A) Relate to the sale of unlawful goods and services; |
(B) Generate on-street parking or a substantial increase in traffic through the residential |
area; |
(C) Occur outside of the residential dwelling; |
(D) Occur in the yard; or |
(E) Are visible from the street. |
(c) Any time a building or other structure used for residential purposes, or a portion of a |
building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
temporarily upon the land by making timely application to the local building official for the |
purposes of obtaining the necessary permits to repair or rebuild the structure. |
(d) Notwithstanding any other provision of this chapter, appropriate access for people with |
disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
residing, or intending to reside, in the residential structure. |
(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit |
(“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in |
all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24- |
73(a) shall be permitted through an administrative building permit process only. |
(f) When used in this section the terms “people with disabilities” or “member, or members, |
with disabilities” means a person(s) who has a physical or mental impairment that substantially |
limits one or more major life activities, as defined in 42-87-1(5). |
(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
use within all zoning districts of a municipality, including all industrial and commercial zoning |
districts, except where prohibited for public health or safety reasons or the protection of wildlife |
habitat. |
(h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse |
for the conversion of any commercial building, including offices, schools, religious facilities, |
medical buildings, and malls into residential units or mixed-use developments which include the |
development of at least fifty percent (50%) of the existing gross floor area into residential units, |
shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, |
except where such is prohibited by environmental land use restrictions recorded on the property by |
the state of Rhode Island department of environmental management or the United States |
Environmental Protection Agency preventing the conversion to residential use. |
(1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse |
developments from off-street parking requirements of over one space per dwelling unit. |
(2) Density. |
(i) For projects that meet the following criteria, zoning ordinances shall allow for high |
density development and shall not limit the density to less than fifteen (15) dwelling units per acre: |
(A) Where the project is limited to the existing footprint, except that the footprint is allowed |
to be expanded to accommodate upgrades related to the building and fire codes and utilities; and |
(B) The development includes at least twenty percent (20%) low- and moderate-income |
housing; and |
(C) The development has access to public sewer and water service or has access to adequate |
private water, such as a well and and/or wastewater treatment system(s) approved by the relevant |
state agency for the entire development as applicable. |
(ii) For all other adaptive reuse projects, the residential density permitted in the converted |
structure shall be the maximum allowed that otherwise meets all standards of minimum housing |
and has access to public sewer and water service or has access to adequate private water, such as a |
well, and wastewater treatment system(s) approved by the relevant state agency for the entire |
development, as applicable. The density proposed shall be determined to meet all public health and |
safety standards. |
(3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, |
existing building setbacks shall remain and shall be considered legal nonconforming, but no |
additional encroachments shall be permitted into any nonconforming setback, unless otherwise |
allowed by zoning ordinance or relief is granted by the applicable authority. |
(4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the |
height of the existing structure, if it exceeds the maximum height of the zoning district, may remain |
and shall be considered legal nonconforming, and any rooftop construction shall be included within |
the height exemption. |
(i) Notwithstanding any other provisions of this chapter, all towns and cities may allow |
manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on any |
lot zoned for single-family use. Such home shall comply with all dimensional requirements of a |
single-family home in the district or seek relief for the same under the provisions of this chapter. |
SECTION 18. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
adding thereto the following chapter: |
CHAPTER 72 |
NON-OWNER OCCUPIED PROPERTY TAX ACT |
44-72-1. Short title. |
This chapter shall be known and may be cited as the "Non-Owner Occupied Property Tax |
Act". |
44-72-2. Purpose. |
(a) The state funds cities and towns pursuant to chapter 13 of title 45. |
(b) There is a compelling state interest in protecting the tax base of its cities and towns. |
(c) There are numerous non-owner occupied residential properties throughout the cities |
and towns of Rhode Island assessed at values over one million dollars ($1,000,000). |
(d) The existence of such properties within a city or town has an impact on the value of |
real property within the cities and towns and the tax base within these cities and towns. |
(e) Non-owner occupied properties sometimes place a greater demand on essential state, |
city, or town services such as police and fire protection than do occupied properties comparably |
assessed for real estate tax purposes. |
(f) The residents of non-owner occupied properties are not vested with a motive to maintain |
such properties. |
(g) The owners of non-owner occupied properties do not always contribute a fair share of |
the costs of providing the foregoing essential state, city, or town services financed in part by real |
estate tax revenues, which revenues are solely based on the assessed value of properties. |
(h) Some properties are deliberately left vacant by their owners in the hope that real estate |
values will increase, thereby enabling the owners to sell these properties at a substantial profit |
without making any of the necessary repairs or improvements to the property. |
(i) The non-owner occupation of such property whether for profit speculation, tax benefit, |
or any other purposes is the making use of that property and as such, is a privilege incident to the |
ownership of the property. |
(j) Owners of non-owner occupied properties must be encouraged to use the properties in |
a positive manner to stop the spread of deterioration, to increase the stock of viable real estate |
within a city or town, and to maintain real estate values within communities. |
(k) Owners of non-owner occupied properties must be required, through a state’s power to |
tax, to pay a fair share of the cost of providing certain essential state services to protect the public |
health, safety, and welfare. |
(l) For all of the reasons stated within this section, the purpose of this chapter is to impose |
a statewide tax upon non-owner occupied residential property assessed at a value of one million |
dollars ($1,000,000) or more. |
44-72-3. Definitions. |
The following words and phrases as used in this chapter have the following meanings: |
(1) “Administrator” means the tax administrator within the department of revenue. |
(2) “Assessed value” means the assessed value of the real estate as of December 31 of the |
corresponding taxable year in accordance with § 44-5-12. |
(3) “Non-owner occupied” means that the residential property does not serve as the owner’s |
primary residence and is not occupied by the owner of the property for a majority of days during a |
given taxable year. |
(4) “Non-owner occupied tax” means the assessment imposed upon the non-owner |
occupied residential property assessed at one million dollars ($1,000,000) or more pursuant to this |
chapter and as adjusted pursuant to § 44-72-6. |
(5) “Person” means any individual, corporation, company, association, partnership, joint |
stock association, and the legal successor thereof or any other entity or group organization against |
which a tax may be assessed. |
(6) “Taxable year” means July 1 through June 30. |
44-72-4. Imposition and proceeds of tax. |
(a) For taxable years beginning on or after July 1, 2026, a tax is imposed upon the privilege |
of utilizing property as non-owner occupied residential property within the state during any taxable |
year. The non-owner occupied tax shall be in addition to any other taxes authorized by the general |
or public laws. |
(b) With respect to the tax imposed, by this chapter, the tax administrator shall contribute |
the entire tax to the low-income housing tax credit fund established pursuant to § 44-71-11. |
44-72-5. Exemptions. |
This chapter does not supersede any applicable exemption in the general or public laws. |
In no case shall this chapter apply to, or any tax therefrom be assessed against, any properties or |
buildings that are rented or were rented for a period of more than one hundred and eighty three |
(183) days during the prior taxable year and subject to the provisions of chapter 18 of title 34 or |
any properties or buildings that are rented or were rented and are subject to tax pursuant to chapter |
18 of title 44. |
44-72-6. Rate of tax. |
The tax authorized by this chapter shall be measured by the assessed value of the real estate |
at the rate of two dollars and fifty cents ($2.50) for each five hundred dollars ($500) or fractional |
part of the assessed value in excess of one million dollars ($1,000,000). For tax years beginning on |
or after July 1, 2027, the assessed value threshold of one million dollars ($1,000,000) provided |
pursuant to this section shall be adjusted by the percentage increase in the Consumer Price Index |
for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics |
determined as of September 30 of the prior calendar years. Said adjustment shall be compounded |
annually and shall be rounded up to the nearest five-dollar ($5.00) increment. In no event shall the |
assessed value threshold in any tax year be less than the prior tax year. |
44-72-7. Returns. |
(a) The tax imposed by this chapter shall be due and payable in four (4) equal installments. |
The first installment shall be paid on or before September 15 of the taxable year, the second |
installment shall be paid on or before December 15 of the taxable year, the third installment shall |
be paid on or before March 15 of the taxable year, and the fourth installment shall be paid on or |
before June 15 of the taxable year. |
(b) The tax administrator is authorized to adopt rules, pursuant to this chapter, relative to |
the form of the return and the data that it shall contain for the correct computation of the imposed |
tax. All returns shall be signed by the taxpayer or by its authorized representative, subject to the |
pains and penalties of perjury. If a return shows an overpayment of the tax due, the tax administrator |
shall refund or credit the overpayment to the taxpayer. |
(c) The tax administrator, for good cause shown, may extend the time within which a |
taxpayer is required to file a return. If the return is filed during the period of extension, no penalty |
or late filing charge shall be imposed for failure to file the return at the time required by this chapter; |
however, the taxpayer shall be liable for interest as prescribed in this chapter. Failure to file the |
return during the period for the extension shall void the extension. |
44-72-8. Set-off for delinquent payment of tax. |
If a taxpayer shall fail to pay a tax within thirty (30) days of its due date, the tax |
administrator may request any agency of state government making payments to the taxpayer to set- |
off the amount of the delinquency against any payment due the taxpayer from the agency of state |
government and remit the sum to the tax administrator. Upon receipt of the set-off request from the |
tax administrator, any agency of state government is authorized and empowered to set-off the |
amount of the delinquency against any payment or amounts due the taxpayer. The amount of set- |
off shall be credited against the tax due from the taxpayer. |
44-72-9. Tax on available information – Interest on delinquencies – Penalties – |
Collection powers. |
If any taxpayer shall fail to file a return within the time required by this chapter, or shall |
file an insufficient or incorrect return, or shall not pay the tax imposed by this chapter when it is |
due, the tax administrator shall assess the tax upon the information as may be available, which shall |
be payable upon demand and shall bear interest at the annual rate provided by § 44-1-7, from the |
date when the tax should have been paid. If any part of the tax not paid is due to negligence or |
intentional disregard of the provisions of this chapter, a penalty of ten percent (10%) of the amount |
of the determination shall be added to the tax. The tax administrator shall collect the tax with |
interest in the same manner and with the same powers as are prescribed for collection of taxes in |
this title. |
44-72-10. Claims for refund - Hearing upon denial. |
(a) Any taxpayer subject to the provisions of this chapter,may file a claim for refund with |
the tax administrator at any time within two (2) years after the tax has been paid. If the tax |
administrator determines that the tax has been overpaid, the administrator shall make a refund with |
interest from the date of overpayment. |
(b) Any taxpayer whose claim for refund has been denied may, within thirty (30) days from |
the date of the mailing by the administrator of the notice of the decision, request a hearing and the |
administrator shall, as soon as practicable, set a time and place for the hearing and shall notify the |
taxpayer. |
44-72-11. Hearing by tax administrator on application. |
Any taxpayer aggrieved by the action of the tax administrator in determining the amount |
of any tax or penalty imposed under the provisions of this chapter may apply to the tax |
administrator, within thirty (30) days after the notice of the action is mailed to the taxpayer, for a |
hearing relative to the tax or penalty. The tax administrator shall fix a time and place for the hearing |
and shall so notify the taxpayer. Upon the hearing, the tax administrator shall correct manifest |
errors, if any, disclosed at the hearing and thereupon assess and collect the amount lawfully due |
together with any penalty or interest thereon. |
44-72-12. Appeals. |
(a) In any appeal from the imposition of the tax set forth in this chapter, the tax |
administrator shall find in favor of an appellant who shows that the property assessed: |
(1) Was actively occupied by the owner during the taxable year for more than six (6) |
months; or |
(2) Was exempt pursuant to the general laws or public laws from the imposition of the tax |
set forth in this chapter. |
(b) Appeals from administrative orders or decisions made pursuant to any provisions of |
this chapter shall be to the sixth division district court pursuant to chapter 8 of title 8. The taxpayer’s |
right to appeal under this section shall be expressly made conditional upon prepayment of all taxes, |
interest, and penalties unless the taxpayer moves for and is granted an exemption from the |
prepayment requirement pursuant to § 8-8-26. If the court, after appeal, holds that the taxpayer is |
entitled to a refund, the taxpayer shall also be paid interest on the amount at the rate provided in § |
44-1-7.1. |
44-72-13. Taxpayer records. |
Every taxpayer shall: |
(1) Keep records as may be necessary to determine the amount of its liability under this |
chapter, including, but not limited to: rental agreements, payments for rent, bank statements for |
payment of residential expenses, utility bills, and any other records establishing residency or non- |
residency. |
(2) Preserve those records for the period of three (3) years following the date of filing of |
any return required by this chapter, or until any litigation or prosecution under this chapter is finally |
determined. |
(3) Make those records available for inspection by the administrator or authorized agents, |
upon demand, at reasonable times during regular business hours. |
44-72-14. Rules and regulations. |
The tax administrator is authorized to make and promulgate rules, regulations, and |
procedures not inconsistent with state law and fiscal procedures as the administrator deems |
necessary for the proper administration of this chapter and to carry out the provisions, policies, and |
purposes of this chapter. |
44-72-15. Severability. |
If any provision of this chapter or the application of this chapter to any person or |
circumstances is held invalid, that invalidity shall not affect other provisions or applications of the |
chapter that can be given effect without the invalid provision or application, and to this end the |
provisions of this chapter are declared to be severable. It is declared to be the legislative intent that |
this chapter would have been adopted had those provisions not been included or that person, |
circumstance, or time period been expressly excluded from its coverage. |
SECTION 19. Sections 3, 4, 5, 12 and 16 through 18 shall take effect upon passage. |
Sections 1, 6 and 8 through 10 shall take effect on October 1, 2025. Sections 2, 7, 11 and 13 through |
15 shall take effect on January 1, 2026. |