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     ARTICLE 5

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RELATING TO TAXES AND FEES

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     SECTION 1. Title 44 of the General Laws entitled “Taxation” is hereby amended by

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adding thereto the following chapter:

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CHAPTER 6.6

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Rhode Island Tax Amnesty Act of 2026

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     44-6.6-1. Short title.

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     This chapter shall be known as the “Rhode Island Tax Amnesty Act of 2026.”

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     44-6.6-2. Definitions.

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     As used in this chapter, the following terms have the meaning ascribed to them in this

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section, except when the context clearly indicates a different meaning:

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     (1) "Taxable period" means any period for which a tax return is required by law to be filed

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with the tax administrator.

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     (2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed

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by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by

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the tax administrator.

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     44-6.6-3. Establishment of tax amnesty.

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     (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any

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tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and

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collected by the tax administrator. Amnesty tax return forms shall be developed by the tax

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administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period

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for which amnesty is being sought by the taxpayer.

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     (b) The amnesty program shall be conducted for a seventy-five (75) day period ending on

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February 15, 2027. The amnesty program shall provide that, upon written application by a taxpayer

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and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode

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Island for any taxable period ending on or before to December 31, 2025, the tax administrator shall

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not seek to collect any penalties that may be applicable and shall not seek the civil or criminal

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prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty

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shall be granted only to those taxpayers applying for amnesty during the amnesty period who have

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paid the tax and interest due upon filing the amnesty tax return, or who have entered into an

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installment payment agreement for reasons of financial hardship and upon terms and conditions set

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by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under

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the agreement, such an agreement shall cease to be effective and the balance of the amounts

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required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the

 

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taxable period specified in the application and only if all amnesty conditions are satisfied by the

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taxpayer.

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     (c) The provisions of this section shall include a taxable period for which a bill or notice

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of deficiency determination has been sent to the taxpayer.

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     (d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or

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are a party to any civil or criminal proceeding pending in any court for fraud in relation to any state

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tax imposed by the law of the state and collected by the tax administrator.

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     44-6.6-4. Interest under tax amnesty.

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     Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods

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covered under the amnesty provisions of this chapter shall be computed at the rate imposed under

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§ 44-1-7, reduced by twenty-five percent (25%).

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     44-6.6-5. Implementation.

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     Notwithstanding any provision of law to the contrary, the tax administrator may do all

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things necessary in order to provide for the timely implementation of this chapter, including, but

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not limited to, procurement of printing and other services and expenditure of appropriated funds.

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     44-6.6-6. Disposition of monies.

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     All monies collected pursuant to any tax imposed by the state of Rhode Island under the

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provisions of this chapter shall be accounted for separately and paid into the general fund.

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     44-6.6-7. Analysis of amnesty program by tax administrator.

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     The tax administrator shall provide an analysis of the amnesty program to be posted on its

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website by April 30, 2027. The analysis shall include revenues received by tax source,

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distinguishing between the tax collected and interest collected for each source. In addition, the

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analysis shall further identify the amounts that are new revenues from those already included in the

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general revenue receivable taxes, defined under generally accepted accounting principles and the

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state's audited financial statements.

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     44-6.6-8. Rules and regulations.

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     The tax administrator may promulgate such rules and regulations as are necessary to

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implement the provisions of this chapter.

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     SECTION 2. Sections 44-11-2.3 and 44-11-11 of the General Laws in Chapter 44-11

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entitled “Business Corporation Tax” are hereby amended to read as follows:

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     44-11-2.3. Pass-through entities — Election to pay state income tax at the entity level.

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     (a) Definitions. As used in this section:

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     (1) “Election” means the annual election to be made by the pass-through entity by filing

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the prescribed tax form and remitting the appropriate tax.

 

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     (2) “Net income” means the net ordinary income, net rental real estate income, other net

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rental income, guaranteed payments, and other business income less specially allocated

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depreciation and deductions allowed pursuant to § 179 of the United States Revenue Code (26

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U.S.C. § 179), all of which would be reported on federal tax form schedules C and E. Net income

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for purposes of this section does not include specially allocated investment income or any other

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types of deductions.

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     (3) “Owner” means an individual who is a shareholder of an S Corporation; a partner in a

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general partnership, a limited partnership, or a limited liability partnership; a member of a limited

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liability company, a beneficiary of a trust; or a sole proprietor.

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     (4) “Pass-through entity” means a corporation that for the applicable tax year is treated as

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an S Corporation under I.R.C. 1362(a) (26 U.S.C. § 1362(a)), or a general partnership, limited

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partnership, limited liability partnership, trust, limited liability company or unincorporated sole

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proprietorship that for the applicable tax year is not taxed as a corporation for federal tax purposes

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under the state’s regulations.

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     (5) “State tax credit” means the amount of tax paid by the pass-through entity at the entity

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level that is passed through to an owner on a pro rata basis. For tax years beginning on or after

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January 1, 2025, “state tax credit” means ninety percent (90%) of the amount of tax paid by the

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pass-through entity at the entity level that is passed through to an owner on a pro rata basis.

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     (b) Elections.

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     (1) For tax years beginning on or after January 1, 2019, until the tax year beginning January

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1, 2027 a pass-through entity may elect to pay the state tax at the entity level at the rate of five and

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ninety-nine hundredths percent (5.99%).

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     (2) For tax years beginning on or after January 1, 2027, a pass-through entity may elect to

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pay the state tax at the entity level at the rate of eight and ninety-nine hundredths percent (8.99%).

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     (2) (3) If a pass-through entity elects to pay an entity tax under this subsection, the entity

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shall not have to comply with the provisions of § 44-11-2.2 regarding withholding on non-resident

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owners. In that instance, the entity shall not have to comply with the provisions of § 44-11-2.2

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regarding withholding on non-resident owners.

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     (c) Reporting.

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     (1) The pass-through entity shall report the pro rata share of the state income taxes paid by

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the entity which sums will be allowed as a state tax credit for an owner on his or her personal

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income tax return.

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     (2) The pass-through entity shall also report the pro rata share of the state income taxes

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paid by the entity as an income (addition) modification to be reported by an owner on his or her

 

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personal income tax returns

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     (d) State tax credit shall be the amount of tax paid by the pass-through entity, at the entity

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level, which is passed through to the owners, on a pro rata basis. For tax years beginning on or after

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January 1, 2025, the state tax credit shall be ninety percent (90%) of the amount of tax paid by the

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pass-through entity, at the entity level, which is passed through to the owners, on a pro rata basis.

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     (e) A similar type of tax imposed by another state on the owners’ income paid at the state

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entity level shall be deemed to be allowed as a credit for taxes paid to another jurisdiction in

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accordance with the provisions of § 44-30-18.

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     (f) “Combined reporting” as set forth in § 44-11-4.1 shall not apply to reporting under this

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section.

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     44-11-11. “Net income” defined.

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     (a)(1) “Net income” means, for any taxable year and for any corporate taxpayer, the taxable

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income of the taxpayer for that taxable year under the laws of the United States, with the additions

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and deductions specified in this section. plus:

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     (b) Additions increasing taxable income. There shall be added to taxable income:

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     (i)(1) Any interest not included in the taxable income;

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     (ii)(2) Any specific exemptions;

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     (iii)(3) The tax imposed by this chapter;

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     (iv)(4) For any taxable year beginning on or after January 1, 2020, the amount of any

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Paycheck Protection Program loan forgiven for federal income tax purposes as authorized by the

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Coronavirus Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act,

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2021 and/or any other subsequent federal stimulus relief packages enacted by law, to the extent that

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the amount of the loan forgiven exceeds $250,000; and minus:

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     (5) For the taxable year beginning on or before January 1, 2025, the amount of any income,

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deduction, or allowance that would be subject to federal income tax but for the Congressional

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enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The

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enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any

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Internal Revenue Service changes to forms, regulations, and/or processing which go into effect

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during the current tax year or within six (6) months of the beginning of the next tax year shall be

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deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to

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effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect

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to the One Big Beautiful Bill Act or any other similar Congressional enactment; and

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     (6) For any taxable year beginning on or after January 1, 2026, the amount of the deduction

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taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less the amount

 

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of the deduction that would have been allowed as a deduction for domestic research and

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experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1

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(Pub. L. 119–21).

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     (c) Deductions reducing taxable income. There shall be subtracted from taxable income:

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     (v)(1) Interest on obligations of the United States or its possessions, and other interest

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exempt from taxation by this state;

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     (vi)(2) The federal net operating loss deduction;

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     (vii)(3) For any taxable year beginning on or after January 1, 2025, in the case of a taxpayer

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that is licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any

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expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under

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26 U.S.C. § 280E; and

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     (viii) For the taxable year beginning on or before January 1, 2025, the amount of any

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income, deduction, or allowance that would be subject to federal income tax but for the

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Congressional enactment of the One Big Beautiful Bill Act or any other similar Congressional

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enactment. The enactment of the One Big Beautiful Bill Act or any other similar Congressional

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enactment and any Internal Revenue Service changes to forms, regulations, and/or processing

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which go into effect during the current tax year or within six (6) months of the beginning of the

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next tax year shall be deemed grounds for the promulgation of emergency rules and regulations

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under § 42-35-2.10 to effectuate the purpose of preserving the Rhode Island tax base under Rhode

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Island law with respect to the One Big Beautiful Bill Act or any other similar Congressional

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enactment.

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     (4) For any taxable year beginning on or after January 1, 2026, the amount as determined

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by the tax administrator required to be added back in a prior year that would have been allowed

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under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119–21) on July 4, 2025, but would not have

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been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time

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may the cumulative modification amount for each amortized expenditure exceed one hundred

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percent (100%) of said expenditure’s expense amount.

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     (2)(d) All binding federal elections made by or on behalf of the taxpayer applicable either

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directly or indirectly to the determination of taxable income shall be binding on the taxpayer except

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where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode

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Island taxable income shall not include the “gross-up of dividends” required by the federal Internal

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Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the

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foreign tax credit.

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     (b)(e) A net operating loss deduction shall be allowed, which shall be the same as the net

 

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operating loss deduction allowed under 26 U.S.C. § 172, except that:

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     (1) Any net operating loss included in determining the deduction shall be adjusted to reflect

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the inclusions and exclusions from entire net income required by subsection (a) of this section and

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§ 44-11-11.1;

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     (2) The deduction shall not include any net operating loss sustained during any taxable year

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in which the taxpayer was not subject to the tax imposed by this chapter; and

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     (3) Limitation on 26 U.S.C. § 172 deduction.

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     (i) The deduction shall not exceed the deduction for the taxable year allowable under 26

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U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other

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taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the

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five (5) succeeding taxable years; and

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     (ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not

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exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided that, the

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deduction for a taxable year may not be carried back to any other taxable year for Rhode Island

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purposes, but shall only be allowable on a carry forward basis for the twenty (20) succeeding

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taxable years.

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     (c)(f) “Domestic international sales corporations” (referred to as DISCs), for the purposes

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of this chapter, will be treated as they are under federal income tax law and shall not pay the amount

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of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in

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the same manner as it is treated under federal income tax law as it exists on December 31, 1984.

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     (d)(g) A corporation that qualifies as a “foreign sales corporation” (FSC) under the

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provisions of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year

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a valid election under federal law to be treated as a FSC, shall not pay the amount of the tax

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computed under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same

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manner as it is treated under federal income tax law as it exists on January 1, 1985.

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     (e)(h) For purposes of a corporation’s state tax liability, any deduction to income allowable

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under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer

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for at least seven years. The division of taxation shall promulgate, in its discretion, rules and

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regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c).

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     SECTION 3. Effective September 1, 2026, Chapter 44-20 of the General Laws entitled

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“Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products” is hereby

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amended by adding thereto the following section:

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     44-20-12.8. Floor stock tax on cigarettes and stamps.

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     (a) Each person engaging in the business of selling cigarettes at retail in this state shall pay

 

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a tax or excise to the state for the privilege of engaging in that business during any part of the

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calendar year 2026. In calendar year 2026, the tax shall be measured by the number of cigarettes

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held by the person in this state at 12:01 a.m. on September 1, 2026, and is computed at the rate of

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thirty-seven and one-half (37.5) mills for each cigarette on September 1, 2026.

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     (b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a

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tax or excise to the state for the privilege of engaging in that business during any part of the calendar

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year 2026. The tax is measured by the number of stamps, whether affixed or to be affixed to

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packages of cigarettes, as required by § 44-20-28. In calendar year 2026 the tax is measured by the

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number of stamps, whether affixed or to be affixed, held by the distributor at 12:01 a.m. on

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September 1, 2026, and is computed at the rate of thirty-seven and one-half (37.5) mills per

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cigarette in the package to which the stamps are affixed or to be affixed.

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     (c) Each person subject to the payment of the tax imposed by this section shall, on or before

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September 15, 2026, file a return, under oath or certified under the penalties of perjury, with the

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tax administrator on forms furnished by him or her, showing the amount of cigarettes and the

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number of stamps in that person's possession in this state at 12:01 a.m. on September 1, 2026, as

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described in this section above, and the amount of tax due, and shall at the time of filing the return

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pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to

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make a return containing the information required by the tax administrator. Failure to complete and

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file the return and pay the tax to the tax administrator shall result in an assessment being issued to

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the taxpayer as determined by the tax administrator and the taxpayer is not entitled to a hearing

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with respect to any assessment issued under this subsection.

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     (d) The tax administrator may prescribe rules and regulations, not inconsistent with law,

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regarding the assessment and collection of the tax imposed by this section.

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     SECTION 4. Effective September 1, 2026, sections 44-20-12, 44-20-13, 44-20-13.2, and

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44-20-19 of the General Laws in Chapter 44-20 entitled “Cigarette, Other Tobacco Products, and

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Electronic Nicotine-Delivery System Products” are hereby amended to read as follows:

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     44-20-12. Tax imposed on cigarettes sold.

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     A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax

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to be evidenced by stamps, which may be affixed only by licensed distributors to the packages

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containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this

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chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under

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this chapter. The tax is at the rate of two hundred twenty-five (225) two hundred sixty-two and one-

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half (262.5) mills for each cigarette.

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     44-20-13. Tax imposed on unstamped cigarettes.

 

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     A tax is imposed at the rate of two hundred twenty-five (225) two hundred sixty-two and

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one-half (262.5) mills for each cigarette upon the storage or use within this state of any cigarettes

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not stamped in accordance with the provisions of this chapter in the possession of any consumer

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within this state.

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     44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, pipe

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tobacco products, and electronic nicotine-delivery products.

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     (a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, pipe tobacco

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products, and electronic nicotine-delivery system products sold, or held for sale in the state by any

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person, the payment of the tax to be accomplished according to a mechanism established by the

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administrator, division of taxation, department of revenue. The tax imposed by this section shall be

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as follows:

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     (1) For all other tobacco products, smokeless tobacco, cigars, and pipe tobacco products,

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at the rate of eighty percent (80%) of the wholesale cost of other tobacco products, cigars, pipe

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tobacco products, and smokeless tobacco other than snuff.

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     (2) Notwithstanding the eighty percent (80%) rate in subsection (a)(1) of this section, in

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the case of cigars, the tax shall not exceed fifty cents ($.50) for each cigar. Effective September 1,

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2026, notwithstanding the eighty percent (80%) rate in subsection (a)(1) of this section, in the case

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of cigars, the tax shall not exceed two dollars ($2.00) for each cigar.

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     (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like

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rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight

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as listed by the manufacturer; provided, however, that any product listed by the manufacturer as

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having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2

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ounces.

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     (4) Effective January 1, 2025:

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     (i) For electronic nicotine-delivery system products that are prefilled, sealed by the

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manufacturer, and not refillable, at the rate of fifty cents per milliliter ($0.50/mL) of the e-liquid

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and/or e-liquid products contained therein; and

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     (ii) For any other electronic nicotine-delivery system products, at the rate of ten percent

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(10%) of the wholesale cost of such products, whether or not sold at wholesale, and if not sold,

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then at the same rate upon the use by the wholesaler.

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     (iii) Existing Inventory Floor Tax. For all electronic nicotine-delivery system products held

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by licensed electronic nicotine-delivery system products retailers as of January 1, 2025: Each

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person engaging in the business of selling electronic nicotine-delivery system products at retail in

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this state shall pay a tax measured by the volume of e-liquid and/or e-liquid products contained in

 

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electronic nicotine-delivery system products that are prefilled, sealed by the manufacturer, and not

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refillable and the wholesale cost of all other electronic nicotine-delivery system products held by

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the person in this state at 12:01 a.m. on January 1, 2025, and is computed for electronic nicotine-

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delivery system products that are prefilled, sealed by the manufacturer, and not refillable, at the

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rate of fifty cents per milliliter ($0.50/mL) of the e-liquid and/or e-liquid products contained therein

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and for any other electronic nicotine-delivery system products at the rate of ten percent (10%) of

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the wholesale cost of such products on January 1, 2025. Each person subject to the payment of the

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tax imposed by this section shall, on or before January 16, 2025, file a return, under oath or certified

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under the penalties of perjury, with the administrator on forms furnished by the administrator,

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showing the volume of e-liquid and/or e-liquid products contained in electronic nicotine-delivery

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system products which are prefilled, sealed by the manufacturer, and not refillable and the

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wholesale cost of all other electronic nicotine-delivery system products in that person’s possession

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in this state at 12:01 a.m. on January 1, 2025, as described in this section, and the amount of tax

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due, and shall at the time of filing the return pay the tax to the administrator. Failure to obtain forms

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shall not be an excuse for the failure to make a return containing the information required by the

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administrator.

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     (iv) For all electronic nicotine-delivery system products sold by licensed electronic

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nicotine-delivery system products distributors, manufacturers, and/or importers in Rhode Island as

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of January 1, 2025: Any person engaging in the business of distributing at wholesale electronic

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nicotine-delivery system products in this state shall pay a tax measured by the volume of e-liquid

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and/or e-liquid products contained in electronic nicotine-delivery system products that are prefilled,

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sealed by the manufacturer, and not refillable computed at the rate of fifty cents per milliliter

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($0.50/mL) of the e-liquid and/or e-liquid products contained therein and for all other electronic

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nicotine-delivery system products at the rate of ten percent (10%) of the wholesale cost of such

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products.

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     (b)(1) Prior to January 1, 2025, any dealer having in the dealer’s possession any other

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tobacco products with respect to the storage or use of which a tax is imposed by this section shall,

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within five (5) days after coming into possession of the other tobacco products in this state, file a

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return with the tax administrator in a form prescribed by the tax administrator. The return shall be

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accompanied by a payment of the amount of the tax shown on the form to be due. Records required

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under this section shall be preserved on the premises described in the relevant license in such a

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manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized

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personnel of the administrator.

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     (2) Effective January 1, 2025, all other tobacco products, except for cigars, and electronic

 

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nicotine-delivery system products sold at wholesale in Rhode Island must be sold by a Rhode Island

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licensed distributor, manufacturer, or importer, and purchases of other tobacco products, except for

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cigars, and/or electronic nicotine-delivery system products, from an unlicensed distributor,

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manufacturer, or importer are prohibited. Any other tobacco products, except for cigars, and/or

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electronic nicotine-delivery system products purchased and/or obtained from an unlicensed person

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shall be subject to the terms of this chapter including, but not limited to, § 44-20-15 and shall be

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taxed pursuant to this section.

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     (3) Effective January 1, 2025, any dealer having in the dealer’s possession any cigars with

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respect to the storage or use of which a tax is imposed by this section shall, within five (5) days

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after coming into possession of cigars in this state, file a return with the tax administrator in a form

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prescribed by the tax administrator. The return shall be accompanied by a payment of the amount

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of the tax shown on the form to be due. Records required under this section shall be preserved on

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the premises described in the relevant license in such a manner as to ensure permanency and

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accessibility for inspection at reasonable hours by authorized personnel of the administrator.

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     (c) Existing Inventory Floor Tax.

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     (1) For all nicotine products defined in § 44-20-1 as other tobacco products but not

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previously taxed as other tobacco products held by licensed retailers as of October 1, 2025: Each

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person engaging in the business of selling nicotine products at retail in this state shall pay a tax at

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the rate of eighty percent (80%) of the wholesale cost of such products on October 1, 2025. Each

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person subject to the payment of the tax imposed by this section shall, on or before October 16,

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2025, file a return, under oath or certified under the penalties of perjury, with the administrator on

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forms furnished by the administrator, showing the wholesale cost of all nicotine products not

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previously taxed as other tobacco products in that person's possession in this state at 12:01 a.m. on

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October 1, 2025, as described in this section, and the amount of tax due, and shall at the time of

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filing the return pay the tax to the administrator. Failure to obtain forms shall not be an excuse for

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the failure to make a return containing the information required by the administrator.

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     (2) For all nicotine products defined in § 44-20-1 as other tobacco products but not

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previously taxed as other tobacco products held by licensed distributors, manufacturers, and/or

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importers in Rhode Island as of October 1, 2025: Each person engaging in the business of

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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

 

Art5

(Page 10 of 39)

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),

 

Art5

(Page 11 of 39)

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

 

Art5

(Page 12 of 39)

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:

 

Art5

(Page 13 of 39)

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;

 

Art5

(Page 14 of 39)

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.

 

Art5

(Page 15 of 39)

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.

 

Art5

(Page 16 of 39)

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

 

Art5

(Page 17 of 39)

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.

 

Art5

(Page 18 of 39)

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:

 

Art5

(Page 19 of 39)

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.

 

Art5

(Page 20 of 39)

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.

 

Art5

(Page 21 of 39)

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.

 

Art5

(Page 22 of 39)

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

 

Art5

(Page 23 of 39)

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

 

Art5

(Page 24 of 39)

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.

 

Art5

(Page 25 of 39)

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

 

Art5

(Page 26 of 39)

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:

 

Art5

(Page 27 of 39)

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

 

Art5

(Page 28 of 39)

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

 

Art5

(Page 29 of 39)

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

 

Art5

(Page 30 of 39)

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:

 

Art5

(Page 31 of 39)

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

 

Art5

(Page 32 of 39)

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

 

Art5

(Page 33 of 39)

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,

 

Art5

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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.

 

Art5

(Page 35 of 39)

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

 

Art5

(Page 36 of 39)

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),

 

Art5

(Page 37 of 39)

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

 

Art5

(Page 38 of 39)

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.

 

Art5

(Page 39 of 39)