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1 | ARTICLE 5 | |
2 | RELATING TO TAXES AND FEES | |
3 | SECTION 1. Title 44 of the General Laws entitled “Taxation” is hereby amended by | |
4 | adding thereto the following chapter: | |
5 | CHAPTER 6.6 | |
6 | Rhode Island Tax Amnesty Act of 2026 | |
7 | 44-6.6-1. Short title. | |
8 | This chapter shall be known as the “Rhode Island Tax Amnesty Act of 2026.” | |
9 | 44-6.6-2. Definitions. | |
10 | As used in this chapter, the following terms have the meaning ascribed to them in this | |
11 | section, except when the context clearly indicates a different meaning: | |
12 | (1) "Taxable period" means any period for which a tax return is required by law to be filed | |
13 | with the tax administrator. | |
14 | (2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed | |
15 | by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by | |
16 | the tax administrator. | |
17 | 44-6.6-3. Establishment of tax amnesty. | |
18 | (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any | |
19 | tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and | |
20 | collected by the tax administrator. Amnesty tax return forms shall be developed by the tax | |
21 | administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period | |
22 | for which amnesty is being sought by the taxpayer. | |
23 | (b) The amnesty program shall be conducted for a seventy-five (75) day period ending on | |
24 | February 15, 2027. The amnesty program shall provide that, upon written application by a taxpayer | |
25 | and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode | |
26 | Island for any taxable period ending on or before to December 31, 2025, the tax administrator shall | |
27 | not seek to collect any penalties that may be applicable and shall not seek the civil or criminal | |
28 | prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty | |
29 | shall be granted only to those taxpayers applying for amnesty during the amnesty period who have | |
30 | paid the tax and interest due upon filing the amnesty tax return, or who have entered into an | |
31 | installment payment agreement for reasons of financial hardship and upon terms and conditions set | |
32 | by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under | |
33 | the agreement, such an agreement shall cease to be effective and the balance of the amounts | |
34 | required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the | |
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1 | taxable period specified in the application and only if all amnesty conditions are satisfied by the | |
2 | taxpayer. | |
3 | (c) The provisions of this section shall include a taxable period for which a bill or notice | |
4 | of deficiency determination has been sent to the taxpayer. | |
5 | (d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or | |
6 | are a party to any civil or criminal proceeding pending in any court for fraud in relation to any state | |
7 | tax imposed by the law of the state and collected by the tax administrator. | |
8 | 44-6.6-4. Interest under tax amnesty. | |
9 | Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods | |
10 | covered under the amnesty provisions of this chapter shall be computed at the rate imposed under | |
11 | § 44-1-7, reduced by twenty-five percent (25%). | |
12 | 44-6.6-5. Implementation. | |
13 | Notwithstanding any provision of law to the contrary, the tax administrator may do all | |
14 | things necessary in order to provide for the timely implementation of this chapter, including, but | |
15 | not limited to, procurement of printing and other services and expenditure of appropriated funds. | |
16 | 44-6.6-6. Disposition of monies. | |
17 | All monies collected pursuant to any tax imposed by the state of Rhode Island under the | |
18 | provisions of this chapter shall be accounted for separately and paid into the general fund. | |
19 | 44-6.6-7. Analysis of amnesty program by tax administrator. | |
20 | The tax administrator shall provide an analysis of the amnesty program to be posted on its | |
21 | website by April 30, 2027. The analysis shall include revenues received by tax source, | |
22 | distinguishing between the tax collected and interest collected for each source. In addition, the | |
23 | analysis shall further identify the amounts that are new revenues from those already included in the | |
24 | general revenue receivable taxes, defined under generally accepted accounting principles and the | |
25 | state's audited financial statements. | |
26 | 44-6.6-8. Rules and regulations. | |
27 | The tax administrator may promulgate such rules and regulations as are necessary to | |
28 | implement the provisions of this chapter. | |
29 | SECTION 2. Sections 44-11-2.3 and 44-11-11 of the General Laws in Chapter 44-11 | |
30 | entitled “Business Corporation Tax” are hereby amended to read as follows: | |
31 | 44-11-2.3. Pass-through entities — Election to pay state income tax at the entity level. | |
32 | (a) Definitions. As used in this section: | |
33 | (1) “Election” means the annual election to be made by the pass-through entity by filing | |
34 | the prescribed tax form and remitting the appropriate tax. | |
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1 | (2) “Net income” means the net ordinary income, net rental real estate income, other net | |
2 | rental income, guaranteed payments, and other business income less specially allocated | |
3 | depreciation and deductions allowed pursuant to § 179 of the United States Revenue Code (26 | |
4 | U.S.C. § 179), all of which would be reported on federal tax form schedules C and E. Net income | |
5 | for purposes of this section does not include specially allocated investment income or any other | |
6 | types of deductions. | |
7 | (3) “Owner” means an individual who is a shareholder of an S Corporation; a partner in a | |
8 | general partnership, a limited partnership, or a limited liability partnership; a member of a limited | |
9 | liability company, a beneficiary of a trust; or a sole proprietor. | |
10 | (4) “Pass-through entity” means a corporation that for the applicable tax year is treated as | |
11 | an S Corporation under I.R.C. 1362(a) (26 U.S.C. § 1362(a)), or a general partnership, limited | |
12 | partnership, limited liability partnership, trust, limited liability company or unincorporated sole | |
13 | proprietorship that for the applicable tax year is not taxed as a corporation for federal tax purposes | |
14 | under the state’s regulations. | |
15 | (5) “State tax credit” means the amount of tax paid by the pass-through entity at the entity | |
16 | level that is passed through to an owner on a pro rata basis. For tax years beginning on or after | |
17 | January 1, 2025, “state tax credit” means ninety percent (90%) of the amount of tax paid by the | |
18 | pass-through entity at the entity level that is passed through to an owner on a pro rata basis. | |
19 | (b) Elections. | |
20 | (1) For tax years beginning on or after January 1, 2019, until the tax year beginning January | |
21 | 1, 2027 a pass-through entity may elect to pay the state tax at the entity level at the rate of five and | |
22 | ninety-nine hundredths percent (5.99%). | |
23 | (2) For tax years beginning on or after January 1, 2027, a pass-through entity may elect to | |
24 | pay the state tax at the entity level at the rate of eight and ninety-nine hundredths percent (8.99%). | |
25 | (2) (3) If a pass-through entity elects to pay an entity tax under this subsection, the entity | |
26 | shall not have to comply with the provisions of § 44-11-2.2 regarding withholding on non-resident | |
27 | owners. In that instance, the entity shall not have to comply with the provisions of § 44-11-2.2 | |
28 | regarding withholding on non-resident owners. | |
29 | (c) Reporting. | |
30 | (1) The pass-through entity shall report the pro rata share of the state income taxes paid by | |
31 | the entity which sums will be allowed as a state tax credit for an owner on his or her personal | |
32 | income tax return. | |
33 | (2) The pass-through entity shall also report the pro rata share of the state income taxes | |
34 | paid by the entity as an income (addition) modification to be reported by an owner on his or her | |
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1 | personal income tax returns | |
2 | (d) State tax credit shall be the amount of tax paid by the pass-through entity, at the entity | |
3 | level, which is passed through to the owners, on a pro rata basis. For tax years beginning on or after | |
4 | January 1, 2025, the state tax credit shall be ninety percent (90%) of the amount of tax paid by the | |
5 | pass-through entity, at the entity level, which is passed through to the owners, on a pro rata basis. | |
6 | (e) A similar type of tax imposed by another state on the owners’ income paid at the state | |
7 | entity level shall be deemed to be allowed as a credit for taxes paid to another jurisdiction in | |
8 | accordance with the provisions of § 44-30-18. | |
9 | (f) “Combined reporting” as set forth in § 44-11-4.1 shall not apply to reporting under this | |
10 | section. | |
11 | 44-11-11. “Net income” defined. | |
12 | (a)(1) “Net income” means, for any taxable year and for any corporate taxpayer, the taxable | |
13 | income of the taxpayer for that taxable year under the laws of the United States, with the additions | |
14 | and deductions specified in this section. plus: | |
15 | (b) Additions increasing taxable income. There shall be added to taxable income: | |
16 | (i)(1) Any interest not included in the taxable income; | |
17 | (ii)(2) Any specific exemptions; | |
18 | (iii)(3) The tax imposed by this chapter; | |
19 | (iv)(4) For any taxable year beginning on or after January 1, 2020, the amount of any | |
20 | Paycheck Protection Program loan forgiven for federal income tax purposes as authorized by the | |
21 | Coronavirus Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, | |
22 | 2021 and/or any other subsequent federal stimulus relief packages enacted by law, to the extent that | |
23 | the amount of the loan forgiven exceeds $250,000; and minus: | |
24 | (5) For the taxable year beginning on or before January 1, 2025, the amount of any income, | |
25 | deduction, or allowance that would be subject to federal income tax but for the Congressional | |
26 | enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The | |
27 | enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any | |
28 | Internal Revenue Service changes to forms, regulations, and/or processing which go into effect | |
29 | during the current tax year or within six (6) months of the beginning of the next tax year shall be | |
30 | deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to | |
31 | effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect | |
32 | to the One Big Beautiful Bill Act or any other similar Congressional enactment; and | |
33 | (6) For any taxable year beginning on or after January 1, 2026, the amount of the deduction | |
34 | taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less the amount | |
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1 | of the deduction that would have been allowed as a deduction for domestic research and | |
2 | experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1 | |
3 | (Pub. L. 119–21). | |
4 | (c) Deductions reducing taxable income. There shall be subtracted from taxable income: | |
5 | (v)(1) Interest on obligations of the United States or its possessions, and other interest | |
6 | exempt from taxation by this state; | |
7 | (vi)(2) The federal net operating loss deduction; | |
8 | (vii)(3) For any taxable year beginning on or after January 1, 2025, in the case of a taxpayer | |
9 | that is licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any | |
10 | expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under | |
11 | 26 U.S.C. § 280E; and | |
12 | (viii) For the taxable year beginning on or before January 1, 2025, the amount of any | |
13 | income, deduction, or allowance that would be subject to federal income tax but for the | |
14 | Congressional enactment of the One Big Beautiful Bill Act or any other similar Congressional | |
15 | enactment. The enactment of the One Big Beautiful Bill Act or any other similar Congressional | |
16 | enactment and any Internal Revenue Service changes to forms, regulations, and/or processing | |
17 | which go into effect during the current tax year or within six (6) months of the beginning of the | |
18 | next tax year shall be deemed grounds for the promulgation of emergency rules and regulations | |
19 | under § 42-35-2.10 to effectuate the purpose of preserving the Rhode Island tax base under Rhode | |
20 | Island law with respect to the One Big Beautiful Bill Act or any other similar Congressional | |
21 | enactment. | |
22 | (4) For any taxable year beginning on or after January 1, 2026, the amount as determined | |
23 | by the tax administrator required to be added back in a prior year that would have been allowed | |
24 | under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119–21) on July 4, 2025, but would not have | |
25 | been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time | |
26 | may the cumulative modification amount for each amortized expenditure exceed one hundred | |
27 | percent (100%) of said expenditure’s expense amount. | |
28 | (2)(d) All binding federal elections made by or on behalf of the taxpayer applicable either | |
29 | directly or indirectly to the determination of taxable income shall be binding on the taxpayer except | |
30 | where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode | |
31 | Island taxable income shall not include the “gross-up of dividends” required by the federal Internal | |
32 | Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the | |
33 | foreign tax credit. | |
34 | (b)(e) A net operating loss deduction shall be allowed, which shall be the same as the net | |
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1 | operating loss deduction allowed under 26 U.S.C. § 172, except that: | |
2 | (1) Any net operating loss included in determining the deduction shall be adjusted to reflect | |
3 | the inclusions and exclusions from entire net income required by subsection (a) of this section and | |
4 | § 44-11-11.1; | |
5 | (2) The deduction shall not include any net operating loss sustained during any taxable year | |
6 | in which the taxpayer was not subject to the tax imposed by this chapter; and | |
7 | (3) Limitation on 26 U.S.C. § 172 deduction. | |
8 | (i) The deduction shall not exceed the deduction for the taxable year allowable under 26 | |
9 | U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other | |
10 | taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the | |
11 | five (5) succeeding taxable years; and | |
12 | (ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not | |
13 | exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided that, the | |
14 | deduction for a taxable year may not be carried back to any other taxable year for Rhode Island | |
15 | purposes, but shall only be allowable on a carry forward basis for the twenty (20) succeeding | |
16 | taxable years. | |
17 | (c)(f) “Domestic international sales corporations” (referred to as DISCs), for the purposes | |
18 | of this chapter, will be treated as they are under federal income tax law and shall not pay the amount | |
19 | of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in | |
20 | the same manner as it is treated under federal income tax law as it exists on December 31, 1984. | |
21 | (d)(g) A corporation that qualifies as a “foreign sales corporation” (FSC) under the | |
22 | provisions of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year | |
23 | a valid election under federal law to be treated as a FSC, shall not pay the amount of the tax | |
24 | computed under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same | |
25 | manner as it is treated under federal income tax law as it exists on January 1, 1985. | |
26 | (e)(h) For purposes of a corporation’s state tax liability, any deduction to income allowable | |
27 | under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer | |
28 | for at least seven years. The division of taxation shall promulgate, in its discretion, rules and | |
29 | regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c). | |
30 | SECTION 3. Effective September 1, 2026, Chapter 44-20 of the General Laws entitled | |
31 | “Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products” is hereby | |
32 | amended by adding thereto the following section: | |
33 | 44-20-12.8. Floor stock tax on cigarettes and stamps. | |
34 | (a) Each person engaging in the business of selling cigarettes at retail in this state shall pay | |
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1 | a tax or excise to the state for the privilege of engaging in that business during any part of the | |
2 | calendar year 2026. In calendar year 2026, the tax shall be measured by the number of cigarettes | |
3 | held by the person in this state at 12:01 a.m. on September 1, 2026, and is computed at the rate of | |
4 | thirty-seven and one-half (37.5) mills for each cigarette on September 1, 2026. | |
5 | (b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a | |
6 | tax or excise to the state for the privilege of engaging in that business during any part of the calendar | |
7 | year 2026. The tax is measured by the number of stamps, whether affixed or to be affixed to | |
8 | packages of cigarettes, as required by § 44-20-28. In calendar year 2026 the tax is measured by the | |
9 | number of stamps, whether affixed or to be affixed, held by the distributor at 12:01 a.m. on | |
10 | September 1, 2026, and is computed at the rate of thirty-seven and one-half (37.5) mills per | |
11 | cigarette in the package to which the stamps are affixed or to be affixed. | |
12 | (c) Each person subject to the payment of the tax imposed by this section shall, on or before | |
13 | September 15, 2026, file a return, under oath or certified under the penalties of perjury, with the | |
14 | tax administrator on forms furnished by him or her, showing the amount of cigarettes and the | |
15 | number of stamps in that person's possession in this state at 12:01 a.m. on September 1, 2026, as | |
16 | described in this section above, and the amount of tax due, and shall at the time of filing the return | |
17 | pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to | |
18 | make a return containing the information required by the tax administrator. Failure to complete and | |
19 | file the return and pay the tax to the tax administrator shall result in an assessment being issued to | |
20 | the taxpayer as determined by the tax administrator and the taxpayer is not entitled to a hearing | |
21 | with respect to any assessment issued under this subsection. | |
22 | (d) The tax administrator may prescribe rules and regulations, not inconsistent with law, | |
23 | regarding the assessment and collection of the tax imposed by this section. | |
24 | SECTION 4. Effective September 1, 2026, sections 44-20-12, 44-20-13, 44-20-13.2, and | |
25 | 44-20-19 of the General Laws in Chapter 44-20 entitled “Cigarette, Other Tobacco Products, and | |
26 | Electronic Nicotine-Delivery System Products” are hereby amended to read as follows: | |
27 | 44-20-12. Tax imposed on cigarettes sold. | |
28 | A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax | |
29 | to be evidenced by stamps, which may be affixed only by licensed distributors to the packages | |
30 | containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this | |
31 | chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under | |
32 | this chapter. The tax is at the rate of two hundred twenty-five (225) two hundred sixty-two and one- | |
33 | half (262.5) mills for each cigarette. | |
34 | 44-20-13. Tax imposed on unstamped cigarettes. | |
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1 | A tax is imposed at the rate of two hundred twenty-five (225) two hundred sixty-two and | |
2 | one-half (262.5) mills for each cigarette upon the storage or use within this state of any cigarettes | |
3 | not stamped in accordance with the provisions of this chapter in the possession of any consumer | |
4 | within this state. | |
5 | 44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, pipe | |
6 | tobacco products, and electronic nicotine-delivery products. | |
7 | (a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, pipe tobacco | |
8 | products, and electronic nicotine-delivery system products sold, or held for sale in the state by any | |
9 | person, the payment of the tax to be accomplished according to a mechanism established by the | |
10 | administrator, division of taxation, department of revenue. The tax imposed by this section shall be | |
11 | as follows: | |
12 | (1) For all other tobacco products, smokeless tobacco, cigars, and pipe tobacco products, | |
13 | at the rate of eighty percent (80%) of the wholesale cost of other tobacco products, cigars, pipe | |
14 | tobacco products, and smokeless tobacco other than snuff. | |
15 | (2) Notwithstanding the eighty percent (80%) rate in subsection (a)(1) of this section, in | |
16 | the case of cigars, the tax shall not exceed fifty cents ($.50) for each cigar. Effective September 1, | |
17 | 2026, notwithstanding the eighty percent (80%) rate in subsection (a)(1) of this section, in the case | |
18 | of cigars, the tax shall not exceed two dollars ($2.00) for each cigar. | |
19 | (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like | |
20 | rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight | |
21 | as listed by the manufacturer; provided, however, that any product listed by the manufacturer as | |
22 | having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 | |
23 | ounces. | |
24 | (4) Effective January 1, 2025: | |
25 | (i) For electronic nicotine-delivery system products that are prefilled, sealed by the | |
26 | manufacturer, and not refillable, at the rate of fifty cents per milliliter ($0.50/mL) of the e-liquid | |
27 | and/or e-liquid products contained therein; and | |
28 | (ii) For any other electronic nicotine-delivery system products, at the rate of ten percent | |
29 | (10%) of the wholesale cost of such products, whether or not sold at wholesale, and if not sold, | |
30 | then at the same rate upon the use by the wholesaler. | |
31 | (iii) Existing Inventory Floor Tax. For all electronic nicotine-delivery system products held | |
32 | by licensed electronic nicotine-delivery system products retailers as of January 1, 2025: Each | |
33 | person engaging in the business of selling electronic nicotine-delivery system products at retail in | |
34 | this state shall pay a tax measured by the volume of e-liquid and/or e-liquid products contained in | |
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1 | electronic nicotine-delivery system products that are prefilled, sealed by the manufacturer, and not | |
2 | refillable and the wholesale cost of all other electronic nicotine-delivery system products held by | |
3 | the person in this state at 12:01 a.m. on January 1, 2025, and is computed for electronic nicotine- | |
4 | delivery system products that are prefilled, sealed by the manufacturer, and not refillable, at the | |
5 | rate of fifty cents per milliliter ($0.50/mL) of the e-liquid and/or e-liquid products contained therein | |
6 | and for any other electronic nicotine-delivery system products at the rate of ten percent (10%) of | |
7 | the wholesale cost of such products on January 1, 2025. Each person subject to the payment of the | |
8 | tax imposed by this section shall, on or before January 16, 2025, file a return, under oath or certified | |
9 | under the penalties of perjury, with the administrator on forms furnished by the administrator, | |
10 | showing the volume of e-liquid and/or e-liquid products contained in electronic nicotine-delivery | |
11 | system products which are prefilled, sealed by the manufacturer, and not refillable and the | |
12 | wholesale cost of all other electronic nicotine-delivery system products in that person’s possession | |
13 | in this state at 12:01 a.m. on January 1, 2025, as described in this section, and the amount of tax | |
14 | due, and shall at the time of filing the return pay the tax to the administrator. Failure to obtain forms | |
15 | shall not be an excuse for the failure to make a return containing the information required by the | |
16 | administrator. | |
17 | (iv) For all electronic nicotine-delivery system products sold by licensed electronic | |
18 | nicotine-delivery system products distributors, manufacturers, and/or importers in Rhode Island as | |
19 | of January 1, 2025: Any person engaging in the business of distributing at wholesale electronic | |
20 | nicotine-delivery system products in this state shall pay a tax measured by the volume of e-liquid | |
21 | and/or e-liquid products contained in electronic nicotine-delivery system products that are prefilled, | |
22 | sealed by the manufacturer, and not refillable computed at the rate of fifty cents per milliliter | |
23 | ($0.50/mL) of the e-liquid and/or e-liquid products contained therein and for all other electronic | |
24 | nicotine-delivery system products at the rate of ten percent (10%) of the wholesale cost of such | |
25 | products. | |
26 | (b)(1) Prior to January 1, 2025, any dealer having in the dealer’s possession any other | |
27 | tobacco products with respect to the storage or use of which a tax is imposed by this section shall, | |
28 | within five (5) days after coming into possession of the other tobacco products in this state, file a | |
29 | return with the tax administrator in a form prescribed by the tax administrator. The return shall be | |
30 | accompanied by a payment of the amount of the tax shown on the form to be due. Records required | |
31 | under this section shall be preserved on the premises described in the relevant license in such a | |
32 | manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized | |
33 | personnel of the administrator. | |
34 | (2) Effective January 1, 2025, all other tobacco products, except for cigars, and electronic | |
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1 | nicotine-delivery system products sold at wholesale in Rhode Island must be sold by a Rhode Island | |
2 | licensed distributor, manufacturer, or importer, and purchases of other tobacco products, except for | |
3 | cigars, and/or electronic nicotine-delivery system products, from an unlicensed distributor, | |
4 | manufacturer, or importer are prohibited. Any other tobacco products, except for cigars, and/or | |
5 | electronic nicotine-delivery system products purchased and/or obtained from an unlicensed person | |
6 | shall be subject to the terms of this chapter including, but not limited to, § 44-20-15 and shall be | |
7 | taxed pursuant to this section. | |
8 | (3) Effective January 1, 2025, any dealer having in the dealer’s possession any cigars with | |
9 | respect to the storage or use of which a tax is imposed by this section shall, within five (5) days | |
10 | after coming into possession of cigars in this state, file a return with the tax administrator in a form | |
11 | prescribed by the tax administrator. The return shall be accompanied by a payment of the amount | |
12 | of the tax shown on the form to be due. Records required under this section shall be preserved on | |
13 | the premises described in the relevant license in such a manner as to ensure permanency and | |
14 | accessibility for inspection at reasonable hours by authorized personnel of the administrator. | |
15 | (c) Existing Inventory Floor Tax. | |
16 | (1) For all nicotine products defined in § 44-20-1 as other tobacco products but not | |
17 | previously taxed as other tobacco products held by licensed retailers as of October 1, 2025: Each | |
18 | person engaging in the business of selling nicotine products at retail in this state shall pay a tax at | |
19 | the rate of eighty percent (80%) of the wholesale cost of such products on October 1, 2025. Each | |
20 | person subject to the payment of the tax imposed by this section shall, on or before October 16, | |
21 | 2025, file a return, under oath or certified under the penalties of perjury, with the administrator on | |
22 | forms furnished by the administrator, showing the wholesale cost of all nicotine products not | |
23 | previously taxed as other tobacco products in that person's possession in this state at 12:01 a.m. on | |
24 | October 1, 2025, as described in this section, and the amount of tax due, and shall at the time of | |
25 | filing the return pay the tax to the administrator. Failure to obtain forms shall not be an excuse for | |
26 | the failure to make a return containing the information required by the administrator. | |
27 | (2) For all nicotine products defined in § 44-20-1 as other tobacco products but not | |
28 | previously taxed as other tobacco products held by licensed distributors, manufacturers, and/or | |
29 | importers in Rhode Island as of October 1, 2025: Each person engaging in the business of | |
30 | distributing at wholesale nicotine products defined in § 44-20-1 as other tobacco products but not | |
31 | previously taxed as other tobacco products in this state shall pay a tax at the rate of eighty percent | |
32 | (80%) of the wholesale cost of such products on October 1, 2025. Each person subject to the | |
33 | payment of the tax imposed by this section shall, on or before October 16, 2025, file a return, under | |
34 | oath or certified under the penalties of perjury, with the administrator on forms furnished by the | |
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| |
1 | administrator, showing the wholesale cost of all nicotine products not previously taxed as other | |
2 | tobacco products in that person's possession in this state at 12:01 a.m. on October 1, 2025, as | |
3 | described in this section, and the amount of tax due, and shall at the time of filing the return pay | |
4 | the tax to the administrator. Failure to obtain forms shall not be an excuse for the failure to make a | |
5 | return containing the information required by the administrator. | |
6 | (d) The proceeds collected are paid into the general fund. | |
7 | 44-20-19. Sales of stamps to distributors. | |
8 | (a) For purchases prior to September 1, 2026, Tthe tax administrator shall sell stamps only | |
9 | to licensed distributors at a discount. The distributor remits to the division of taxation ninety-eight | |
10 | and three-fourths percent (98.75%) of the face value of the stamps thereby receiving a discount of | |
11 | one and one-quarter percent (1.25%) of the face value of the stamps. The ninety-eight and three- | |
12 | fourths percent (98.75%) remitted to the tax administrator is paid over to the general revenue. For | |
13 | purchases on or after September 1, 2026, the tax administrator shall sell stamps only to a licensed | |
14 | distributor and shall not sell stamps at a discount. The one hundred percent (100%) remitted to the | |
15 | tax administrator is paid over to the general revenue. | |
16 | (b) The tax administrator may, in his or her discretion, permit a licensed distributor to pay | |
17 | for the stamps within thirty (30) days after the date of purchase; provided, that a bond satisfactory | |
18 | to the tax administrator in an amount not less than the sale price of the stamps has been filed with | |
19 | the tax administrator conditioned upon payment for the stamps. The tax administrator shall keep | |
20 | accurate records of all stamps sold to each distributor. | |
21 | SECTION 5. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is hereby | |
22 | amended by adding thereto the following section: | |
23 | 44-30-104. Child Tax Credit. | |
24 | (a) Definitions. As used in this section: | |
25 | (1) “Child” means an individual who is eighteen years of age or under as of December 31 | |
26 | of the tax year. | |
27 | (2) “Eligible taxpayer” means any natural person domiciled in this state who filed a Rhode | |
28 | Island state personal income tax return for the tax year. | |
29 | (b) Child Tax Credit. For tax years beginning on or after January 1, 2027, a tax credit on | |
30 | the resident tax return of the eligible taxpayer in the amount of three hundred twenty dollars ($320) | |
31 | shall be allowed for each claimed child where the exemption amount is zero in §44-30- | |
32 | 2.6(c)(3)(C)(II)(2). | |
33 | (c) In the case of any eligible taxpayer whose adjusted gross income, as modified pursuant | |
34 | to § 44-30-12, for the taxable year exceeds two hundred sixty-one thousand dollars ($261,000), | |
|
| |
1 | the credit amount shall be reduced by the applicable percentage. The term “applicable percentage” | |
2 | means twenty (20) percentage points for each seven thousand four hundred fifty dollars ($7,450) | |
3 | (or fraction thereof) by which the eligible taxpayer’s adjusted gross income for the taxable year | |
4 | exceeds two hundred sixty-one thousand dollars ($261,000). | |
5 | (d) Adjustment for inflation. The dollar amount contained in subsections (b) and (c) of this | |
6 | section shall be increased annually by an amount equal to: | |
7 | (I) Such dollar amount contained in subsections (b) and (c) of this section adjusted for | |
8 | inflation using a base tax year of 2026, multiplied by; | |
9 | (II) The cost-of-living adjustment with a base year of 2026. | |
10 | (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is | |
11 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds | |
12 | the consumer price index for the base year. The consumer price index for any calendar year is the | |
13 | average of the consumer price index as of the close of the twelve-month (12) period ending on | |
14 | August 31, of such calendar year. | |
15 | (IV) For the purpose of this section the term “consumer price index” means the last | |
16 | consumer price index for all urban consumers published by the department of labor. For the purpose | |
17 | of this section the revision of the consumer price index that is most consistent with the consumer | |
18 | price index for calendar year 1986 shall be used. | |
19 | (V) If any increase determined under this section is not a multiple of five dollars ($5.00), | |
20 | such increase shall be rounded to the next lower multiple of five dollars ($5.00). | |
21 | SECTION 6. Sections 44-30-2.6 and 44-30-12 of the General Laws in Chapter 44-30 | |
22 | entitled “Personal Income Tax” are hereby amended to read as follows: | |
23 | 44-30-2.6. Rhode Island taxable income — Rate of tax. | |
24 | (a) “Rhode Island taxable income” means federal taxable income as determined under the | |
25 | Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard- | |
26 | deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax | |
27 | Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of | |
28 | 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. | |
29 | (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on | |
30 | or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island | |
31 | taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five | |
32 | and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 | |
33 | and thereafter of the federal income tax rates, including capital gains rates and any other special | |
34 | rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately | |
|
| |
1 | prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); | |
2 | provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable | |
3 | year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal | |
4 | Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a | |
5 | taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or | |
6 | her personal income tax liability. | |
7 | (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative | |
8 | minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island | |
9 | alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by | |
10 | multiplying the federal tentative minimum tax without allowing for the increased exemptions under | |
11 | the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 | |
12 | Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year | |
13 | 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product | |
14 | to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s | |
15 | Rhode Island alternative minimum tax. | |
16 | (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption | |
17 | amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by | |
18 | the tax administrator in the manner prescribed for adjustment by the commissioner of Internal | |
19 | Revenue in 26 U.S.C. § 1(f). | |
20 | (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode | |
21 | Island taxable income shall be determined by deducting from federal adjusted gross income as | |
22 | defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island | |
23 | itemized-deduction amount and the Rhode Island exemption amount as determined in this section. | |
24 | (A) Tax imposed. | |
25 | (1) There is hereby imposed on the taxable income of married individuals filing joint | |
26 | returns and surviving spouses a tax determined in accordance with the following table: | |
27 | If taxable income is: The tax is: | |
28 | Not over $53,150 3.75% of taxable income | |
29 | Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 | |
30 | Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 | |
31 | Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 | |
32 | Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 | |
33 | (2) There is hereby imposed on the taxable income of every head of household a tax | |
34 | determined in accordance with the following table: | |
|
| |
1 | If taxable income is: The tax is: | |
2 | Not over $42,650 3.75% of taxable income | |
3 | Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 | |
4 | Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 | |
5 | Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 | |
6 | Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 | |
7 | (3) There is hereby imposed on the taxable income of unmarried individuals (other than | |
8 | surviving spouses and heads of households) a tax determined in accordance with the following | |
9 | table: | |
10 | If taxable income is: The tax is: | |
11 | Not over $31,850 3.75% of taxable income | |
12 | Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 | |
13 | Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 | |
14 | Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 | |
15 | Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 | |
16 | (4) There is hereby imposed on the taxable income of married individuals filing separate | |
17 | returns and bankruptcy estates a tax determined in accordance with the following table: | |
18 | If taxable income is: The tax is: | |
19 | Not over $26,575 3.75% of taxable income | |
20 | Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 | |
21 | Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 | |
22 | Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 | |
23 | Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 | |
24 | (5) There is hereby imposed a taxable income of an estate or trust a tax determined in | |
25 | accordance with the following table: | |
26 | If taxable income is: The tax is: | |
27 | Not over $2,150 3.75% of taxable income | |
28 | Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 | |
29 | Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 | |
30 | Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 | |
31 | Over $10,450 $737.50 plus 9.90% of the excess over $10,450 | |
32 | (6) Adjustments for inflation. | |
33 | The dollars amount contained in paragraph (A) shall be increased by an amount equal to: | |
34 | (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; | |
|
| |
1 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1993; | |
2 | (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making | |
3 | adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall | |
4 | be determined under section (J) by substituting “1994” for “1993.” | |
5 | (B) Maximum capital gains rates. | |
6 | (1) In general. | |
7 | If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax | |
8 | imposed by this section for such taxable year shall not exceed the sum of: | |
9 | (a) 2.5% of the net capital gain as reported for federal income tax purposes under section | |
10 | 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b). | |
11 | (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. | |
12 | § 1(h)(1)(c). | |
13 | (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 | |
14 | U.S.C. § 1(h)(1)(d). | |
15 | (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. | |
16 | § 1(h)(1)(e). | |
17 | (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain | |
18 | shall be determined under subdivision 44-30-2.6(c)(2)(A). | |
19 | (C) Itemized deductions. | |
20 | (1) In general. | |
21 | For the purposes of section (2), “itemized deductions” means the amount of federal | |
22 | itemized deductions as modified by the modifications in § 44-30-12. | |
23 | (2) Individuals who do not itemize their deductions. | |
24 | In the case of an individual who does not elect to itemize his deductions for the taxable | |
25 | year, they may elect to take a standard deduction. | |
26 | (3) Basic standard deduction. | |
27 | The Rhode Island standard deduction shall be allowed in accordance with the following | |
28 | table: | |
29 | Filing status Amount | |
30 | Single $5,350 | |
31 | Married filing jointly or qualifying widow(er) $8,900 | |
32 | Married filing separately $4,450 | |
33 | Head of Household $7,850 | |
34 | (4) Additional standard deduction for the aged and blind. | |
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| |
1 | An additional standard deduction shall be allowed for individuals age sixty-five (65) or | |
2 | older or blind in the amount of $1,300 for individuals who are not married and $1,050 for | |
3 | individuals who are married. | |
4 | (5) Limitation on basic standard deduction in the case of certain dependents. | |
5 | In the case of an individual to whom a deduction under section (E) is allowable to another | |
6 | taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: | |
7 | (a) $850; | |
8 | (b) The sum of $300 and such individual’s earned income; | |
9 | (6) Certain individuals not eligible for standard deduction. | |
10 | In the case of: | |
11 | (a) A married individual filing a separate return where either spouse itemizes deductions; | |
12 | (b) Nonresident alien individual; | |
13 | (c) An estate or trust; | |
14 | The standard deduction shall be zero. | |
15 | (7) Adjustments for inflation. | |
16 | Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount | |
17 | equal to: | |
18 | (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied | |
19 | by | |
20 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1988. | |
21 | (D) Overall limitation on itemized deductions. | |
22 | (1) General rule. | |
23 | In the case of an individual whose adjusted gross income as modified by § 44-30-12 | |
24 | exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the | |
25 | taxable year shall be reduced by the lesser of: | |
26 | (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 | |
27 | over the applicable amount; or | |
28 | (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for | |
29 | such taxable year. | |
30 | (2) Applicable amount. | |
31 | (a) In general. | |
32 | For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the | |
33 | case of a separate return by a married individual) | |
34 | (b) Adjustments for inflation. | |
|
| |
1 | Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: | |
2 | (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by | |
3 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. | |
4 | (3) Phase-out of Limitation. | |
5 | (a) In general. | |
6 | In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, | |
7 | the reduction under section (1) shall be equal to the applicable fraction of the amount which would | |
8 | be the amount of such reduction. | |
9 | (b) Applicable fraction. | |
10 | For purposes of paragraph (a), the applicable fraction shall be determined in accordance | |
11 | with the following table: | |
12 | For taxable years beginning in calendar year The applicable fraction is | |
13 | 2006 and 2007 2/3 | |
14 | 2008 and 2009 1/3 | |
15 | (E) Exemption amount. | |
16 | (1) In general. | |
17 | Except as otherwise provided in this subsection, the term “exemption amount” means | |
18 | $3,400. | |
19 | (2) Exemption amount disallowed in case of certain dependents. | |
20 | In the case of an individual with respect to whom a deduction under this section is allowable | |
21 | to another taxpayer for the same taxable year, the exemption amount applicable to such individual | |
22 | for such individual's taxable year shall be zero. | |
23 | (3) Adjustments for inflation. | |
24 | The dollar amount contained in paragraph (1) shall be increased by an amount equal to: | |
25 | (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by | |
26 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1989. | |
27 | (4) Limitation. | |
28 | (a) In general. | |
29 | In the case of any taxpayer whose adjusted gross income as modified for the taxable year | |
30 | exceeds the threshold amount shall be reduced by the applicable percentage. | |
31 | (b) Applicable percentage. | |
32 | In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the | |
33 | threshold amount, the exemption amount shall be reduced by two (2) percentage points for each | |
34 | $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year | |
|
| |
1 | exceeds the threshold amount. In the case of a married individual filing a separate return, the | |
2 | preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the | |
3 | applicable percentage exceed one hundred percent (100%). | |
4 | (c) Threshold Amount. | |
5 | For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with | |
6 | the following table: | |
7 | Filing status Amount | |
8 | Single $156,400 | |
9 | Married filing jointly of qualifying widow(er) $234,600 | |
10 | Married filing separately $117,300 | |
11 | Head of Household $195,500 | |
12 | (d) Adjustments for inflation. | |
13 | Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: | |
14 | (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by | |
15 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. | |
16 | (5) Phase-out of limitation. | |
17 | (a) In general. | |
18 | In the case of taxable years beginning after December 31, 2005, and before January 1, | |
19 | 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which | |
20 | would be the amount of such reduction. | |
21 | (b) Applicable fraction. | |
22 | For the purposes of paragraph (a), the applicable fraction shall be determined in accordance | |
23 | with the following table: | |
24 | For taxable years beginning in calendar year The applicable fraction is | |
25 | 2006 and 2007 2/3 | |
26 | 2008 and 2009 1/3 | |
27 | (F) Alternative minimum tax. | |
28 | (1) General rule. There is hereby imposed (in addition to any other tax imposed by this | |
29 | subtitle) a tax equal to the excess (if any) of: | |
30 | (a) The tentative minimum tax for the taxable year, over | |
31 | (b) The regular tax for the taxable year. | |
32 | (2) The tentative minimum tax for the taxable year is the sum of: | |
33 | (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus | |
34 | (b) 7.0 percent of so much of the taxable excess above $175,000. | |
|
| |
1 | (3) The amount determined under the preceding sentence shall be reduced by the | |
2 | alternative minimum tax foreign tax credit for the taxable year. | |
3 | (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so | |
4 | much of the federal alternative minimum taxable income as modified by the modifications in § 44- | |
5 | 30-12 as exceeds the exemption amount. | |
6 | (5) In the case of a married individual filing a separate return, subparagraph (2) shall be | |
7 | applied by substituting “$87,500” for $175,000 each place it appears. | |
8 | (6) Exemption amount. | |
9 | For purposes of this section “exemption amount” means: | |
10 | Filing status Amount | |
11 | Single $39,150 | |
12 | Married filing jointly or qualifying widow(er) $53,700 | |
13 | Married filing separately $26,850 | |
14 | Head of Household $39,150 | |
15 | Estate or trust $24,650 | |
16 | (7) Treatment of unearned income of minor children | |
17 | (a) In general. | |
18 | In the case of a minor child, the exemption amount for purposes of section (6) shall not | |
19 | exceed the sum of: | |
20 | (i) Such child's earned income, plus | |
21 | (ii) $6,000. | |
22 | (8) Adjustments for inflation. | |
23 | The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount | |
24 | equal to: | |
25 | (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by | |
26 | (b) The cost-of-living adjustment determined under section (J) with a base year of 2004. | |
27 | (9) Phase-out. | |
28 | (a) In general. | |
29 | The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount | |
30 | equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income | |
31 | of the taxpayer exceeds the threshold amount. | |
32 | (b) Threshold amount. | |
33 | For purposes of this paragraph, the term “threshold amount” shall be determined with the | |
34 | following table: | |
|
| |
1 | Filing status Amount | |
2 | Single $123,250 | |
3 | Married filing jointly or qualifying widow(er) $164,350 | |
4 | Married filing separately $82,175 | |
5 | Head of Household $123,250 | |
6 | Estate or Trust $82,150 | |
7 | (c) Adjustments for inflation | |
8 | Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: | |
9 | (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by | |
10 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. | |
11 | (G) Other Rhode Island taxes. | |
12 | (1) General rule. There is hereby imposed (in addition to any other tax imposed by this | |
13 | subtitle) a tax equal to twenty-five percent (25%) of: | |
14 | (a) The Federal income tax on lump-sum distributions. | |
15 | (b) The Federal income tax on parents' election to report child's interest and dividends. | |
16 | (c) The recapture of Federal tax credits that were previously claimed on Rhode Island | |
17 | return. | |
18 | (H) Tax for children under 18 with investment income. | |
19 | (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: | |
20 | (a) The Federal tax for children under the age of 18 with investment income. | |
21 | (I) Averaging of farm income. | |
22 | (1) General rule. At the election of an individual engaged in a farming business or fishing | |
23 | business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: | |
24 | (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § | |
25 | 1301]. | |
26 | (J) Cost-of-living adjustment. | |
27 | (1) In general. | |
28 | The cost-of-living adjustment for any calendar year is the percentage (if any) by which: | |
29 | (a) The CPI for the preceding calendar year exceeds | |
30 | (b) The CPI for the base year. | |
31 | (2) CPI for any calendar year. | |
32 | For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer | |
33 | price index as of the close of the twelve (12) month period ending on August 31 of such calendar | |
34 | year. | |
|
| |
1 | (3) Consumer price index. | |
2 | For purposes of paragraph (2), the term “consumer price index” means the last consumer | |
3 | price index for all urban consumers published by the department of labor. For purposes of the | |
4 | preceding sentence, the revision of the consumer price index that is most consistent with the | |
5 | consumer price index for calendar year 1986 shall be used. | |
6 | (4) Rounding. | |
7 | (a) In general. | |
8 | If any increase determined under paragraph (1) is not a multiple of $50, such increase shall | |
9 | be rounded to the next lowest multiple of $50. | |
10 | (b) In the case of a married individual filing a separate return, subparagraph (a) shall be | |
11 | applied by substituting “$25” for $50 each place it appears. | |
12 | (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer | |
13 | entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to | |
14 | a credit against the Rhode Island tax imposed under this section: | |
15 | (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.] | |
16 | (2) Child and dependent care credit; | |
17 | (3) General business credits; | |
18 | (4) Credit for elderly or the disabled; | |
19 | (5) Credit for prior year minimum tax; | |
20 | (6) Mortgage interest credit; | |
21 | (7) Empowerment zone employment credit; | |
22 | (8) Qualified electric vehicle credit. | |
23 | (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, a | |
24 | taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island | |
25 | tax imposed under this section if the adopted child was under the care, custody, or supervision of | |
26 | the Rhode Island department of children, youth and families prior to the adoption. | |
27 | (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits | |
28 | provided there shall be no deduction based on any federal credits enacted after January 1, 1996, | |
29 | including the rate reduction credit provided by the federal Economic Growth and Tax | |
30 | Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be | |
31 | reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax | |
32 | purposes shall determine the Rhode Island amount to be recaptured in the same manner as | |
33 | prescribed in this subsection. | |
34 | (N) Rhode Island earned-income credit. | |
|
| |
1 | (1) In general. | |
2 | For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned- | |
3 | income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent | |
4 | (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode | |
5 | Island income tax. | |
6 | For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer | |
7 | entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit | |
8 | equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the | |
9 | amount of the Rhode Island income tax. | |
10 | For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned- | |
11 | income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half | |
12 | percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the | |
13 | Rhode Island income tax. | |
14 | For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned- | |
15 | income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) | |
16 | of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island | |
17 | income tax. | |
18 | For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned- | |
19 | income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%) | |
20 | of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island | |
21 | income tax. | |
22 | (2) Refundable portion. | |
23 | In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this | |
24 | section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall | |
25 | be allowed as follows. | |
26 | (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) | |
27 | refundable earned-income credit means fifteen percent (15%) of the amount by which the Rhode | |
28 | Island earned-income credit exceeds the Rhode Island income tax. | |
29 | (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) | |
30 | refundable earned-income credit means one hundred percent (100%) of the amount by which the | |
31 | Rhode Island earned-income credit exceeds the Rhode Island income tax. | |
32 | (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs | |
33 | (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years | |
34 | thereafter for inclusion in the statute. | |
|
| |
1 | (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode | |
2 | Island taxable income” means federal adjusted gross income as determined under the Internal | |
3 | Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44- | |
4 | 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph | |
5 | 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph | |
6 | 44-30-2.6(c)(3)(C). | |
7 | (A) Tax imposed. | |
8 | (I) There is hereby imposed on the taxable income of married individuals filing joint | |
9 | returns, qualifying widow(er), every head of household, unmarried individuals, married individuals | |
10 | filing separate returns and bankruptcy estates, a tax determined in accordance with the following | |
11 | tables: | |
12 | (1) For tax years beginning before January 1, 2027: | |
13 | RI Taxable Income RI Income Tax | |
14 | Over But not over Pay + % on Excess on the amount over | |
15 | $ 0 - $ 55,000 $ 0 + 3.75% $ 0 | |
16 | 55,000 - 125,000 2,063 + 4.75% 55,000 | |
17 | 125,000 - 5,388 + 5.99% 125,000 | |
18 | (2) For tax years beginning on or after January 1, 2027: | |
19 | RI Taxable Income RI Income Tax | |
20 | Over But not over Pay + % on Excess on the amount over | |
21 | $ 0 - $ 55,000 $ 0 + 3.75% $ 0 | |
22 | 55,000 - 125,000 2,063 + 4.75% 55,000 | |
23 | 125,000 - 648,398 5,388 + 5.99% 125,000 | |
24 | 648,398 36,740 + 8.99% 648,398 | |
25 | (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in | |
26 | accordance with the following tables: | |
27 | (1) For tax years beginning before January 1, 2027: | |
28 | RI Taxable Income RI Income Tax | |
29 | Over But not over Pay +% on Excess on the amount over | |
30 | $0 - $ 2,230 $0 + 3.75% $ 0 | |
31 | 2,230 - 7,022 84 + 4.75% 2,230 | |
32 | 7,022 - 312 + 5.99% 7,022 | |
33 | (2) For tax years beginning on or after January 1, 2027: | |
34 | RI Taxable Income RI Income Tax | |
|
| |
1 | Over But not over Pay + % on Excess on the amount over | |
2 | $ 0 $ 2,230 $ 0 + 3.75% $ 0 | |
3 | 2,230 - 7,022 84 + 4.75% 2,230 | |
4 | 7,022 - 36,427 312 + 5.99% 7,022 | |
5 | 36,427 - 2,073 + 8.99% 36,427 | |
6 | (B) Deductions: | |
7 | (I) Rhode Island Basic Standard Deduction. | |
8 | Only the Rhode Island standard deduction shall be allowed in accordance with the | |
9 | following table: | |
10 | Filing status Amount | |
11 | Single $7,500 | |
12 | Married filing jointly or qualifying widow(er) $15,000 | |
13 | Married filing separately $7,500 | |
14 | Head of Household $11,250 | |
15 | (II) Nonresident alien individuals, estates and trusts are not eligible for standard | |
16 | deductions. | |
17 | (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island | |
18 | purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand | |
19 | dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. | |
20 | The term “applicable percentage” means twenty (20) percentage points for each five thousand | |
21 | dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable | |
22 | year exceeds one hundred seventy-five thousand dollars ($175,000). | |
23 | (C) Exemption Amount: | |
24 | (I) The term “exemption amount” means three thousand five hundred dollars ($3,500) | |
25 | multiplied by the number of exemptions allowed for the taxable year for federal income tax | |
26 | purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same | |
27 | as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and | |
28 | Jobs Act (Pub. L. No. 115-97) on December 22, 2017. | |
29 | (II) Disallowance of Exemptions | |
30 | (1) Exemption amount disallowed in case of certain dependents. In the case of an individual | |
31 | with respect to whom a deduction under this section is allowable to another taxpayer for the same | |
32 | taxable year, the exemption amount applicable to such individual for such individual’s taxable year | |
33 | shall be zero. | |
34 | (2) Exemption amount disallowed for Child Tax Credit. For tax years beginning on or after | |
|
| |
1 | January 1, 2027, the exemption amount applicable to a claimed child dependent of an eligible | |
2 | taxpayer, as defined in § 44-30-104, on a resident tax return shall be zero and a credit as defined in | |
3 | § 44-30-104 for each claimed child dependent shall be granted. | |
4 | (III) Identifying information required. | |
5 | (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be | |
6 | allowed under this section with respect to any individual unless the Taxpayer Identification Number | |
7 | of such individual is included on the federal return claiming the exemption for the same tax filing | |
8 | period. | |
9 | (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event | |
10 | that the Taxpayer Identification Number for each individual is not required to be included on the | |
11 | federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer | |
12 | Identification Number must be provided on the Rhode Island tax return for the purpose of claiming | |
13 | said exemption(s). | |
14 | (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island | |
15 | purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand | |
16 | dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term | |
17 | “applicable percentage” means twenty (20) percentage points for each five thousand dollars | |
18 | ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year | |
19 | exceeds one hundred seventy-five thousand dollars ($175,000). | |
20 | (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30- | |
21 | 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount | |
22 | equal to: | |
23 | (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) | |
24 | and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; | |
25 | (II) The cost-of-living adjustment with a base year of 2000. | |
26 | (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is | |
27 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds | |
28 | the consumer price index for the base year. The consumer price index for any calendar year is the | |
29 | average of the consumer price index as of the close of the twelve-month (12) period ending on | |
30 | August 31, of such calendar year. | |
31 | (IV) For the purpose of this section the term “consumer price index” means the last | |
32 | consumer price index for all urban consumers published by the department of labor. For the purpose | |
33 | of this section the revision of the consumer price index that is most consistent with the consumer | |
34 | price index for calendar year 1986 shall be used. | |
|
| |
1 | (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), | |
2 | such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a | |
3 | married individual filing separate return, if any increase determined under this section is not a | |
4 | multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple | |
5 | of twenty-five dollars ($25.00). | |
6 | (F) Credits against tax. | |
7 | (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on | |
8 | or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be | |
9 | as follows: | |
10 | (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit | |
11 | pursuant to subparagraph 44-30-2.6(c)(2)(N). | |
12 | (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided | |
13 | in § 44-33-1 et seq. | |
14 | (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax | |
15 | credit as provided in § 44-30.3-1 et seq. | |
16 | (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to | |
17 | other states pursuant to § 44-30-74. | |
18 | (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit | |
19 | as provided in § 44-33.2-1 et seq. | |
20 | (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture | |
21 | production tax credit as provided in § 44-31.2-1 et seq. | |
22 | (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of | |
23 | the federal child and dependent care credit allowable for the taxable year for federal purposes; | |
24 | provided, however, such credit shall not exceed the Rhode Island tax liability. | |
25 | (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for | |
26 | contributions to scholarship organizations as provided in chapter 62 of title 44. | |
27 | (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable | |
28 | as if no withholding were required, but any amount of Rhode Island personal income tax actually | |
29 | deducted and withheld in any calendar year shall be deemed to have been paid to the tax | |
30 | administrator on behalf of the person from whom withheld, and the person shall be credited with | |
31 | having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable | |
32 | year of less than twelve (12) months, the credit shall be made under regulations of the tax | |
33 | administrator. | |
34 | (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in | |
|
| |
1 | RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. | |
2 | (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in | |
3 | § 42-64.20-1 et seq. | |
4 | (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode | |
5 | Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. | |
6 | (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, | |
7 | unused carryforward for such credit previously issued shall be allowed for the historic | |
8 | homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already | |
9 | issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits | |
10 | under the historic homeownership assistance act. | |
11 | (n) Child Tax Credit: Effective for tax years beginning on or after January 1, 2027, credit | |
12 | shall be allowed for the Child Tax Credit as provided in § 44-30-104. | |
13 | (2) Except as provided in section 1 above, no other state and federal tax credit shall be | |
14 | available to the taxpayers in computing tax liability under this chapter. | |
15 | 44-30-12. Rhode Island income of a resident individual. | |
16 | (a) General. The Rhode Island income of a resident individual means the individual’s | |
17 | adjusted gross income for federal income tax purposes, with the modifications specified in this | |
18 | section. | |
19 | (b) Modifications increasing federal adjusted gross income. There shall be added to federal | |
20 | adjusted gross income: | |
21 | (1) Interest income on obligations of any state, or its political subdivisions, other than | |
22 | Rhode Island or its political subdivisions; | |
23 | (2) Interest or dividend income on obligations or securities of any authority, commission, | |
24 | or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the | |
25 | extent exempted by the laws of the United States from federal income tax but not from state income | |
26 | taxes; | |
27 | (3) The modification described in § 44-30-25(g); | |
28 | (4)(i) The amount defined below of a nonqualified withdrawal made from an account in | |
29 | the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified | |
30 | withdrawal is: | |
31 | (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal | |
32 | Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57- | |
33 | 6.1; and | |
34 | (B) A withdrawal or distribution that is: | |
|
| |
1 | (I) Not applied on a timely basis to pay “qualified higher education expenses” as defined | |
2 | in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made; | |
3 | (II) Not made for a reason referred to in § 16-57-6.1(e); or | |
4 | (III) Not made in other circumstances for which an exclusion from tax made applicable by | |
5 | Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover, | |
6 | withdrawal, or distribution is made within two (2) taxable years following the taxable year for | |
7 | which a contributions modification pursuant to subsection (c)(4) of this section is taken based on | |
8 | contributions to any tuition savings program account by the person who is the participant of the | |
9 | account at the time of the contribution, whether or not the person is the participant of the account | |
10 | at the time of the transfer, rollover, withdrawal, or distribution; | |
11 | (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B) | |
12 | of this section, there shall be added to the federal adjusted gross income of that person for the | |
13 | taxable year of the withdrawal an amount equal to the lesser of: | |
14 | (A) The amount equal to the nonqualified withdrawal reduced by the sum of any | |
15 | administrative fee or penalty imposed under the tuition savings program in connection with the | |
16 | nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the | |
17 | person’s federal adjusted gross income for the taxable year; and | |
18 | (B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of | |
19 | this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less | |
20 | the amount of any nonqualified withdrawal for the two (2) prior taxable years included in | |
21 | computing the person’s Rhode Island income by application of this subsection for those years. Any | |
22 | amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode | |
23 | Island income for residents, nonresidents, and part-year residents; | |
24 | (5) The modification described in § 44-30-25.1(d)(3)(i); | |
25 | (6) The amount equal to any unemployment compensation received but not included in | |
26 | federal adjusted gross income; | |
27 | (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a | |
28 | qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); | |
29 | (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck | |
30 | Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus | |
31 | Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or | |
32 | any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount | |
33 | of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount | |
34 | of a pass-through entity’s loan forgiveness in excess of $250,000; and | |
|
| |
1 | (9) For the taxable year beginning on or before January 1, 2025, the amount of any income, | |
2 | deduction or allowance that would be subject to federal income tax but for the Congressional | |
3 | enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The | |
4 | enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any | |
5 | Internal Revenue Service changes to forms, regulations, and/or processing which go into effect | |
6 | during the current tax year or within six (6) months of the beginning of the next tax year shall be | |
7 | deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to | |
8 | effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect | |
9 | to the One Big Beautiful Bill Act or any other similar Congressional enactment. | |
10 | (10) For any taxable year beginning on or after January 1, 2026, the amount of the | |
11 | deduction taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less | |
12 | the amount of the deduction that would have been allowed as a deduction for domestic research | |
13 | and experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1 | |
14 | (Pub. L. 119–21). | |
15 | (c) Modifications reducing federal adjusted gross income. There shall be subtracted from | |
16 | federal adjusted gross income: | |
17 | (1) Any interest income on obligations of the United States and its possessions to the extent | |
18 | includible in gross income for federal income tax purposes, and any interest or dividend income on | |
19 | obligations, or securities of any authority, commission, or instrumentality of the United States to | |
20 | the extent includible in gross income for federal income tax purposes but exempt from state income | |
21 | taxes under the laws of the United States; provided, that the amount to be subtracted shall in any | |
22 | case be reduced by any interest on indebtedness incurred or continued to purchase or carry | |
23 | obligations or securities the income of which is exempt from Rhode Island personal income tax, to | |
24 | the extent the interest has been deducted in determining federal adjusted gross income or taxable | |
25 | income; | |
26 | (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1); | |
27 | (3) The amount of any withdrawal or distribution from the “tuition savings program” | |
28 | referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal | |
29 | or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal; | |
30 | (4) Contributions made to an account under the tuition savings program, including the | |
31 | “contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the | |
32 | following limitations, restrictions, and qualifications: | |
33 | (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the | |
34 | taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint | |
|
| |
1 | return; | |
2 | (ii) The following shall not be considered contributions: | |
3 | (A) Contributions made by any person to an account who is not a participant of the account | |
4 | at the time the contribution is made; | |
5 | (B) Transfers or rollovers to an account from any other tuition savings program account or | |
6 | from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26 | |
7 | U.S.C. § 529; or | |
8 | (C) A change of the beneficiary of the account; | |
9 | (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal | |
10 | adjusted gross income to less than zero (0); | |
11 | (iv) The contributions carryover to a taxable year for purpose of this subdivision is the | |
12 | excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition | |
13 | savings program for all preceding taxable years for which this subsection is effective over the sum | |
14 | of: | |
15 | (A) The total of the subtractions under this subdivision allowable to the taxpayer for all | |
16 | such preceding taxable years; and | |
17 | (B) That part of any remaining contribution carryover at the end of the taxable year which | |
18 | exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable | |
19 | years not included in the addition provided for in this subdivision for those years. Any such part | |
20 | shall be disregarded in computing the contributions carryover for any subsequent taxable year; | |
21 | (v) For any taxable year for which a contributions carryover is applicable, the taxpayer | |
22 | shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax | |
23 | return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a | |
24 | joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a | |
25 | subsequent taxable year, the computation shall reflect how the carryover is being allocated between | |
26 | the prior joint filers; | |
27 | (5) The modification described in § 44-30-25.1(d)(1); | |
28 | (6) Amounts deemed taxable income to the taxpayer due to payment or provision of | |
29 | insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or | |
30 | other coverage plan; | |
31 | (7) Modification for organ transplantation. | |
32 | (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted | |
33 | gross income if the individual, while living, donates one or more of their human organs to another | |
34 | human being for human organ transplantation, except that for purposes of this subsection, “human | |
|
| |
1 | organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract | |
2 | modification that is claimed hereunder may be claimed in the taxable year in which the human | |
3 | organ transplantation occurs. | |
4 | (ii) An individual may claim that subtract modification hereunder only once, and the | |
5 | subtract modification may be claimed for only the following unreimbursed expenses that are | |
6 | incurred by the claimant and related to the claimant’s organ donation: | |
7 | (A) Travel expenses. | |
8 | (B) Lodging expenses. | |
9 | (C) Lost wages. | |
10 | (iii) The subtract modification hereunder may not be claimed by a part-time resident or a | |
11 | nonresident of this state; | |
12 | (8) Modification for taxable Social Security income. | |
13 | (i) For tax years beginning on or after January 1, 2016, until the tax year beginning January | |
14 | 1, 2027: | |
15 | (A) For a person who has attained the age used for calculating full or unreduced Social | |
16 | Security retirement benefits who files a return as an unmarried individual, head of household, or | |
17 | married filing separate whose federal adjusted gross income for the taxable year is less than eighty | |
18 | thousand dollars ($80,000); or | |
19 | (B) A married individual filing jointly or individual filing qualifying widow(er) who has | |
20 | attained the age used for calculating full or unreduced Social Security retirement benefits whose | |
21 | joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars | |
22 | ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross | |
23 | income. | |
24 | (ii) For the tax years beginning on January 1, 2027, until the tax year beginning January 1, | |
25 | 2028: | |
26 | (A) For a person who files a return as an unmarried individual, head of household, or | |
27 | married filing separate whose federal adjusted gross income for the taxable year is less than eighty | |
28 | thousand dollars ($80,000); or | |
29 | (B) A married individual filing jointly or individual filing qualifying widow(er) whose | |
30 | joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars | |
31 | ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross | |
32 | income. | |
33 | (iii) For tax years beginning on January 1, 2028 until the tax year beginning | |
34 | January 1, 2029: | |
|
| |
1 | (A) For a person who files a return as an unmarried individual, head of household, or | |
2 | married filing separate whose federal adjusted gross income for the taxable year is less than one | |
3 | hundred sixty-five thousand two hundred dollars ($165,200); or | |
4 | (B) A married individual filing jointly or individual filing qualifying widow(er) whose joint | |
5 | federal adjusted gross income for the taxable year is less than two hundred six thousand five | |
6 | hundred fifty dollars ($206,550), an amount equal to the Social Security benefits includible in | |
7 | federal adjusted gross income. | |
8 | (iv) For tax years beginning on or after January 1, 2029, for a person who files a return as | |
9 | an unmarried individual, head of household, married filing separate, a married individual filing | |
10 | jointly, or individual qualifying widow(er) there is no income threshold for tax years beginning on | |
11 | or after January 1, 2029, an amount equal to the Social Security benefits includible in federal | |
12 | adjusted gross income. | |
13 | (ii)(v) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) | |
14 | and (c)(8)(i)(B) and (c)(8)(ii) of this section shall be increased annually by an amount equal to: | |
15 | (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) and (c)(8)(ii) | |
16 | of this section adjusted for inflation using a base tax year of 2000, multiplied by; | |
17 | (B) The cost-of-living adjustment with a base year of 2000. | |
18 | (iii)(vi) For the purposes of this section the cost-of-living adjustment for any calendar year | |
19 | is the percentage (if any) by which the consumer price index for the preceding calendar year | |
20 | exceeds the consumer price index for the base year. The consumer price index for any calendar | |
21 | year is the average of the consumer price index as of the close of the twelve-month (12) period | |
22 | ending on August 31, of such calendar year. | |
23 | (iv)(vii) For the purpose of this section the term “consumer price index” means the last | |
24 | consumer price index for all urban consumers published by the department of labor. For the purpose | |
25 | of this section the revision of the consumer price index which is most consistent with the consumer | |
26 | price index for calendar year 1986 shall be used. | |
27 | (v)(viii) If any increase determined under this section is not a multiple of fifty dollars | |
28 | ($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the | |
29 | case of a married individual filing separate return, if any increase determined under this section is | |
30 | not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower | |
31 | multiple of twenty-five dollars ($25.00); | |
32 | (9) Modification of taxable retirement income from certain pension plans or annuities. | |
33 | (i) For tax years beginning on or after January 1, 2017, until the tax year beginning January | |
34 | 1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax | |
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1 | years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, a | |
2 | modification shall be allowed for up to twenty thousand dollars ($20,000), and for tax years | |
3 | beginning on or after January 1, 2025, a modification shall be allowed for up to fifty thousand | |
4 | dollars ($50,000), of taxable pension and/or annuity income that is included in federal adjusted | |
5 | gross income for the taxable year: | |
6 | (A) For a person who has attained the age used for calculating full or unreduced Social | |
7 | Security retirement benefits who files a return as an unmarried individual, head of household, or | |
8 | married filing separate whose federal adjusted gross income for such taxable year is less than the | |
9 | amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not | |
10 | to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning | |
11 | January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years | |
12 | beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, and an amount | |
13 | not to exceed fifty thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, | |
14 | of taxable pension and/or annuity income includible in federal adjusted gross income; or | |
15 | (B) For a married individual filing jointly or individual filing qualifying widow(er) who | |
16 | has attained the age used for calculating full or unreduced Social Security retirement benefits whose | |
17 | joint federal adjusted gross income for such taxable year is less than the amount used for the | |
18 | modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000 | |
19 | for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022, | |
20 | and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after | |
21 | January 1, 2023, until the tax year beginning January 1, 2024, and an amount not to exceed fifty | |
22 | thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension | |
23 | and/or annuity income includible in federal adjusted gross income. | |
24 | (ii) For tax years beginning on or after January 1, 2025, a modification shall be allowed for | |
25 | up to fifty thousand dollars ($50,000) of taxable pension and/or annuity income that is included in | |
26 | federal adjusted gross income for the taxable year: | |
27 | (A) For a person who has attained the age used for calculating full or unreduced Social | |
28 | Security retirement benefits who files a return as an unmarried individual, head of household, or | |
29 | married filing separate whose federal adjusted gross income for the taxable year is less than one | |
30 | hundred seven thousand dollars ($107,000) an amount not to exceed fifty thousand dollars | |
31 | ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension and/or annuity | |
32 | income includible in federal adjusted gross income; or | |
33 | (B) For a married individual filing jointly or individual filing qualifying widow(er) who | |
34 | has attained the age used for calculating full or unreduced Social Security retirement benefits whose | |
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1 | joint federal adjusted gross income for the taxable year is less than one hundred thirty-three | |
2 | thousand seven hundred fifty dollars ($133,750) an amount not to exceed fifty thousand dollars | |
3 | ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension and/or annuity | |
4 | income includible in federal adjusted gross income. | |
5 | (ii) (iii) Adjustment for inflation. | |
6 | (A) The dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B) | |
7 | of this section shall be increased annually for tax years beginning on or after January 1, 2018 until | |
8 | the tax year beginning on January 1, 2025, by an amount equal to: | |
9 | (A) (I) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and | |
10 | (c)(9)(i)(B) of this section adjusted for inflation using a base tax year of 2000, multiplied by; | |
11 | (B) (II) The cost-of-living adjustment with a base year of 2000. | |
12 | (B) For tax years beginning on or after January 1, 2026, the dollar amount contained in | |
13 | subsections (c)(9)(ii)(A) and (c)(9)(ii)(B) of this section shall be increased annually by an amount | |
14 | equal to: | |
15 | (I) Such dollar amount contained by reference in subsections (c)(9)(ii)(A) and (c)(9)(ii)(B) | |
16 | of this section adjusted for inflation using a base tax year of 2025, multiplied by; | |
17 | (II) The cost-of-living adjustment with a base year of 2025. | |
18 | (iii)(iv) For the purposes of this section, the cost-of-living adjustment for any calendar year | |
19 | is the percentage (if any) by which the consumer price index for the preceding calendar year | |
20 | exceeds the consumer price index for the base year. The consumer price index for any calendar | |
21 | year is the average of the consumer price index as of the close of the twelve-month (12) period | |
22 | ending on August 31, of such calendar year. | |
23 | (iv)(v) For the purpose of this section, the term “consumer price index” means the last | |
24 | consumer price index for all urban consumers published by the department of labor. For the purpose | |
25 | of this section, the revision of the consumer price index which is most consistent with the consumer | |
26 | price index for calendar year 1986 shall be used. | |
27 | (v)(vi) If any increase determined under this section is not a multiple of fifty dollars | |
28 | ($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the | |
29 | case of a married individual filing a separate return, if any increase determined under this section | |
30 | is not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower | |
31 | multiple of twenty-five dollars ($25.00). | |
32 | (vi)(vii) For tax years beginning on or after January 1, 2022, until the tax year beginning | |
33 | January 1, 2025, the dollar amount contained by reference in subsection (c)(9)(i)(A) shall be | |
34 | adjusted to equal the dollar amount contained in subsection (c)(8)(i)(A), as adjusted for inflation, | |
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1 | and the dollar amount contained by reference in subsection (c)(9)(i)(B) shall be adjusted to equal | |
2 | the dollar amount contained in subsection (c)(8)(i)(B), as adjusted for inflation; | |
3 | (10) Modification for Rhode Island investment in opportunity zones. For purposes of a | |
4 | taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by | |
5 | the taxpayer for at least seven (7) years, a modification to income shall be allowed for the | |
6 | incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and | |
7 | the federal benefit allowed under 26 U.S.C. § 1400Z-2(c); | |
8 | (11) Modification for military service pensions. | |
9 | (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed | |
10 | as follows: | |
11 | (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal | |
12 | adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted | |
13 | gross income; | |
14 | (ii) As used in this subsection, the term “military service” shall have the same meaning as | |
15 | set forth in 20 C.F.R. § 212.2; | |
16 | (iii) At no time shall the modification allowed under this subsection alone or in conjunction | |
17 | with subsection (c)(9) exceed the amount of the military service pension received in the tax year | |
18 | for which the modification is claimed; | |
19 | (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in | |
20 | gross income for federal tax purposes; and | |
21 | (13) For tax years beginning on or after January 1, 2025, in the case of a taxpayer that is | |
22 | licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any | |
23 | expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under | |
24 | 26 U.S.C. § 280E. | |
25 | (14) For any taxable year beginning on or after January 1, 2026, the amount as determined | |
26 | by the tax administrator required to be added back in a prior year that would have been allowed | |
27 | under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119–21) on July 4, 2025, but would not have | |
28 | been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time | |
29 | may the cumulative modification amount for each amortized expenditure exceed one hundred | |
30 | percent (100%) of said expenditure’s expense amount. | |
31 | (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or | |
32 | subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as | |
33 | beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44- | |
34 | 30-17. | |
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1 | (e) Partners. The amounts of modifications required to be made under this section by a | |
2 | partner, which relate to items of income or deduction of a partnership, shall be determined under § | |
3 | 44-30-15. | |
4 | SECTION 7. Section 44-34.1-2 of the General Laws in Chapter 44-34.1 entitled “Motor | |
5 | Vehicle and Trailer Excise Tax Elimination Act of 1998” is hereby amended to read as follows: | |
6 | 44-34.1-2. City, town, and fire district reimbursement. | |
7 | (a) In fiscal years 2024 and thereafter, cities, towns, and fire districts shall receive | |
8 | reimbursements, as set forth in this section, from state general revenues equal to the amount of lost | |
9 | tax revenue due to the phase out of the excise tax. When the tax is phased out, cities, towns, and | |
10 | fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-18 in | |
11 | an amount equal to any lost revenue resulting from the excise tax elimination. | |
12 | (b)(1) In fiscal year 2024, cities, towns, and fire districts shall receive the following | |
13 | reimbursement amounts: | |
14 | Barrington $ 5,894,822 | |
15 | Bristol $ 2,905,818 | |
16 | Burrillville $ 5,053,933 | |
17 | Central Falls $ 2,077,974 | |
18 | Charlestown $ 1,020,877 | |
19 | Coventry $ 5,872,396 | |
20 | Cranston $ 22,312,247 | |
21 | Cumberland $ 6,073,469 | |
22 | East Greenwich $ 2,417,332 | |
23 | East Providence $ 11,433,479 | |
24 | Exeter $ 2,241,381 | |
25 | Foster $ 1,652,251 | |
26 | Glocester $ 2,381,941 | |
27 | Hopkinton $ 1,629,259 | |
28 | Jamestown $ 622,793 | |
29 | Johnston $ 10,382,785 | |
30 | Lincoln $ 5,683,015 | |
31 | Little Compton $ 366,775 | |
32 | Middletown $ 1,976,448 | |
33 | Narragansett $ 1,831,251 | |
34 | Newport $ 2,223,671 | |
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1 | New Shoreham $ 163,298 | |
2 | North Kingstown $ 5,378,818 | |
3 | North Providence $ 9,619,286 | |
4 | North Smithfield $ 4,398,531 | |
5 | Pawtucket $ 16,495,506 | |
6 | Portsmouth $ 2,414,242 | |
7 | Providence $ 34,131,596 | |
8 | Richmond $ 1,448,455 | |
9 | Scituate $ 1,977,127 | |
10 | Smithfield $ 7,098,694 | |
11 | South Kingstown $ 3,930,455 | |
12 | Tiverton $ 1,748,175 | |
13 | Warren $ 2,090,911 | |
14 | Warwick $ 25,246,254 | |
15 | Westerly $ 5,765,523 | |
16 | West Greenwich $ 1,331,725 | |
17 | West Warwick $ 5,673,744 | |
18 | Woonsocket $ 9,324,776 | |
19 | Lime Rock Fire District $ 133,933 | |
20 | Lincoln Fire District $ 208,994 | |
21 | Manville Fire District $ 64,862 | |
22 | Quinnville Fire District $ 13,483 | |
23 | (2) In fiscal year 2024, funds shall be distributed to the cities, towns, and fire districts as | |
24 | follows: | |
25 | (i) On August 1, 2023, twenty-five percent (25%) of the funds. | |
26 | (ii) On November 1, 2023, twenty-five percent (25%) of the funds. | |
27 | (iii) On February 1, 2024, twenty-five percent (25%) of the funds. | |
28 | (iv) On May 1, 2024, twenty-five percent (25%) of the funds. | |
29 | The funds shall be distributed to each city, town, and fire district in the same proportion as | |
30 | distributed in fiscal year 2023. | |
31 | (3) For the city of East Providence, the payment schedule is twenty-five percent (25%) on | |
32 | November 1, 2023, twenty-five percent (25%) on February 1, 2024, twenty-five percent (25%) on | |
33 | May 1, 2024, and twenty-five percent (25%) on August 1, 2024. | |
34 | (4) On any of the payment dates specified in subsections (b)(2)(i) through (b)(2)(iv), (b)(3), | |
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1 | or (d) of this section, the director of revenue is authorized to deduct previously made over-payments | |
2 | or add supplemental payments as may be required to bring the reimbursements into full compliance | |
3 | with the requirements of this chapter. | |
4 | (c) When the tax is phased out to August 1, of the following fiscal year the director of | |
5 | revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of | |
6 | sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to | |
7 | the amount of funds distributed to the cities, towns, and fire districts under this chapter during the | |
8 | fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year | |
9 | following the phase-out received by each city, town, and fire district, calculated to the nearest one- | |
10 | hundredth of one percent (0.01%). The director of the department of revenue shall transmit those | |
11 | calculations to the governor, the speaker of the house, the president of the senate, the chairperson | |
12 | of the house finance committee, the chairperson of the senate finance committee, the house fiscal | |
13 | advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for | |
14 | the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to | |
15 | the cities, towns, and fire districts under this chapter for the second fiscal year following the phase- | |
16 | out and each year thereafter in fiscal year 2025 and fiscal year 2026. The cities, towns, and fire | |
17 | districts shall receive that amount of sales tax in the proportions calculated by the director of | |
18 | revenue as that received in the fiscal year following the phase-out, subject to a maximum two | |
19 | percentage point increase from the previous fiscal year. For fiscal year 2026 only, the increase shall | |
20 | be based on the amount received pursuant to subsection (b)(1) or subsection (c) of this section | |
21 | whichever is greater. | |
22 | (d) In fiscal years 2025 and thereafter, twenty-five percent (25%) of the funds shall be | |
23 | distributed to the cities, towns, and fire districts on August 1, 2024, and every August 1 thereafter; | |
24 | twenty-five percent (25%) shall be distributed on November 1, 2024, and every November 1 | |
25 | thereafter; twenty-five percent (25%) shall be distributed on February 1, 2025, and every February | |
26 | 1 thereafter; and twenty-five percent (25%) shall be distributed on May 1, 2025, and every May 1 | |
27 | thereafter. | |
28 | (e) In fiscal years 2027 and thereafter, each city, town, and fire district shall receive a | |
29 | reimbursement amount equal to the reimbursement amount it received in fiscal year 2026. | |
30 | (e) (f) [Deleted by P.L. 2024, ch. 400, § 1 and P.L. 2024, ch. 401, § 1.] | |
31 | SECTION 8. Section 45-2-35.1 of the General Laws in Chapter 45-2 entitled | |
32 | "City of Newport – Landing and boarding fees" is hereby amended to read as follows: | |
33 | 45-2-35.1. City of Newport — Landing and boarding fees. | |
34 | (a) The city of Newport is authorized to charge, assess, or otherwise collect from every | |
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1 | cruise vessel landing in the city of Newport a landing fee of ten dollars ($10.00) fifteen dollars | |
2 | ($15.00) per passenger and from every cruise vessel embarking from Newport, a boarding fee of | |
3 | ten dollars ($10.00) fifteen dollars ($15.00) per passenger. For the purposes of this section, the term | |
4 | “cruise vessel” does not include ferries and water carriers of persons and/or property doing business | |
5 | as common carriers operating upon waters between termini within the state. | |
6 | (b) Of the total fee collected per passenger, ten dollars ($10.00) shall be retained by the | |
7 | city of Newport, and five dollars ($5.00) shall be allocated to the Rhode Island public transit | |
8 | authority as defined in § 39-18-2 to support transit operations in Newport and Aquidneck Island. | |
9 | (b)(c) The city council of the City of Newport shall promulgate rules and regulations to | |
10 | implement the provisions of this section. | |
11 | (c)(d) The city of Newport is authorized to impose a penalty on any delinquency in the | |
12 | payment of any fee imposed under this section, at a rate equal to that assessed by the city on tax | |
13 | delinquencies. | |
14 | SECTION 9. Sections 1, 2, 5, 6, 7, and 8 shall take effect upon passage. Sections 3 and 4 | |
15 | shall take effect September 1, 2026. | |
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