| 2023 -- H 5620 | |
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| LC001635 | |
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| STATE OF RHODE ISLAND | |
| IN GENERAL ASSEMBLY | |
| JANUARY SESSION, A.D. 2023 | |
| ____________ | |
| A N A C T | |
| RELATING TO TAXATION -- STATE TAX OFFICIALS | |
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|      Introduced By: Representatives Phillips, Finkelman, Serpa, J. Brien, Casey, Cardillo,  | |
| Date Introduced: February 15, 2023 | |
| Referred To: House Finance | |
| It is enacted by the General Assembly as follows: | |
| 1 | SECTION 1. Section 44-1-7 of the General Laws in Chapter 44-1 entitled "State Tax | 
| 2 | Officials" is hereby amended to read as follows: | 
| 3 | 44-1-7. Interest on delinquent payments. | 
| 4 | (a) Whenever the full amount of any state tax or any portion or deficiency, as finally | 
| 5 | determined by the tax administrator, has not been paid on the date when it is due and payable, | 
| 6 | whether the time has been extended or not, there shall be added as part of the tax or portion or | 
| 7 | deficiency interest at the rate as determined in accordance with subsection (b) of this section, | 
| 8 | notwithstanding any general or specific statute to the contrary. Interest to be assessed under this | 
| 9 | section shall be limited to not more than four (4) calendar years prior to the earliest date the | 
| 10 | administrator provides, mails or serves a tax notice, notice of deficiency, or deficiency | 
| 11 | determination to the taxpayer. | 
| 12 | (b) Each January 1 the tax administrator shall compute the rate of interest to be in effect | 
| 13 | for that calendar year by adding two percent (2%) to the prime rate, which was in effect on October | 
| 14 | 1 of the preceding year, except: | 
| 15 | (1) Before January 1, 2023, in no event shall the rate of interest exceed twenty-one percent | 
| 16 | (21%) per annum nor be less than eighteen percent (18%) per annum; | 
| 17 | (2) On and after January 1, 2023, in no event shall the rate of interest exceed twenty-one | 
| 18 | percent (21%) per annum nor be less than twelve percent (12%) per annum except: | 
| 19 | (i) For trust fund taxes as established by §§ 44-19-35 and 44-30-76, in no event shall the | 
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| 1 | rate of interest exceed twenty-one percent (21%) per annum nor be less than eighteen percent (18%) | 
| 2 | per annum. | 
| 3 | (c) “Prime rate” as used in subsection (b) of this section means the predominant prime rate | 
| 4 | quoted by commercial banks to large businesses as determined by the board of governors of the | 
| 5 | Federal Reserve System. | 
| 6 | (d) Notwithstanding any provisions of the general laws to the contrary, the tax | 
| 7 | administrator shall waive interest and penalty on the taxable portion of each Paycheck Protection | 
| 8 | Program loan taxed pursuant to §§ 44-11-11(a)(1)(iv), 44-14-11, and 44-30-12(b)(8) and forgiven | 
| 9 | during tax year 2020 provided that the tax on that portion is paid in full on or before March 31, | 
| 10 | 2022. The tax administrator shall make available suitable forms with instructions for making tax | 
| 11 | payments on the taxable portion of such forgiven Paycheck Protection Program loans. | 
| 12 | SECTION 2. This act shall take effect upon passage. | 
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| LC001635 | |
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| EXPLANATION | |
| BY THE LEGISLATIVE COUNCIL | |
| OF | |
| A N A C T | |
| RELATING TO TAXATION -- STATE TAX OFFICIALS | |
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| 1 | This act would limit the assessment of interest to four (4) calendar years prior to the date | 
| 2 | on which notice of the delinquent payment is sent to the taxpayer. | 
| 3 | This act would take effect upon passage. | 
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| LC001635 | |
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