2026 -- H 7240 | |
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LC003577 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- ENFORCEMENT AND | |
COLLECTION | |
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Introduced By: Representatives Chippendale, Place, Nardone, Newberry, Santucci, | |
Date Introduced: January 21, 2026 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 44-23-1 and 44-23-2 of the General Laws in Chapter 44-23 entitled |
2 | "Estate and Transfer Taxes — Enforcement and Collection" are hereby amended to read as follows: |
3 | 44-23-1. Statements filed by executors, administrators, and heirs-at-law Statements |
4 | filed by executors, administrators, and heirs-at-law or persons in possession of real property. |
5 | (a)(1) Every executor, administrator, and heir-at-law or persons in possession of real |
6 | property, within nine (9) months after the death of the decedent, shall file with the tax administrator |
7 | a statement under oath showing the full and fair cash value of the estate; the amounts paid out from |
8 | the estate for claims, expenses, charges, and fees; and the statement shall also provide the names |
9 | and addresses of all persons entitled to take any share or interest of the estate as legatees or |
10 | distributees of the estate. |
11 | (2) In estates where applicable, an executor, administrator, heir-at-law or persons in |
12 | possession of real property, within nine (9) months after the death of the decedent, shall file, for |
13 | recording, with the municipality of the decedent’s residence, a statement under oath, stating that |
14 | the value of the decedent’s gross estate does not require a state or federal estate tax filing. Upon |
15 | the recording of the statement by the municipality, the division of taxation shall issue a discharge |
16 | of the estate tax lien. |
17 | (b) For estates of decedents with a date of death prior to January 1, 2025, a fee of fifty |
18 | dollars ($50.00) shall be paid when filing any statement required by this section. All fees received |
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1 | under this section are allocated to the tax administrator for enforcement and collection of taxes. |
2 | (c) For estates of decedents with a date of death on or after January 1, 2025, no fee shall be |
3 | paid when filing any statement required by this section. |
4 | 44-23-2. Statements filed by trustees. |
5 | Whenever any person during his or her life appoints a trustee, naming that person or others |
6 | as beneficiaries, and providing for the administration of the trust after his or her death, or providing |
7 | for a termination of the trust and a distribution of the trust estate or any part of the trust estate at his |
8 | or her death, any person acting as the trustee or any trustee of property subject to a power of |
9 | appointment, shall, within thirty (30) days after the death of the creator of the trust, or within thirty |
10 | (30) days after the death of the donee of the power file with the tax administrator a sworn statement |
11 | showing: |
12 | (1) The trust agreement, if any; |
13 | (2) The full and fair cash value of the trust estate; |
14 | (3) The extent of the duration of the trust; |
15 | (4) The manner provided for its termination; |
16 | (5) The names and addresses of the beneficiaries of the trust; and |
17 | (6) Any other information relating to the trust, which the tax administrator may deem |
18 | necessary for the proper assessment of the tax on the estate; and |
19 | (7) Notwithstanding the requirements set forth in this section, the trustee, where applicable, |
20 | within nine (9) months after the death of the decedent, shall file, for recording, with the municipality |
21 | of the decedent’s residence, a statement under oath, stating that the value of the decedent’s gross |
22 | estate does not require a state or federal estate tax filing. Upon the recording of the statement by |
23 | the municipality, the division of taxation shall issue a discharge of the estate tax lien. |
24 | SECTION 2. This act shall take effect upon passage. |
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LC003577 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- ENFORCEMENT AND | |
COLLECTION | |
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1 | This act would generate an estate tax discharge upon the filing and recording, with the |
2 | decedent’s municipality, a statement of the executor, trustee or any other estate representative, that |
3 | the value of the decedent’s gross estate does not require a state or federal tax filing. |
4 | This act would take effect upon passage. |
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LC003577 | |
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