2026 -- S 2823 SUBSTITUTE A | |
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LC005297/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO TAXATION -- PERSONAL INCOME TAX | |
| |
Introduced By: Senators Vargas, Lawson, Murray, DiPalma, DiMario, Quezada, Acosta, | |
Date Introduced: March 04, 2026 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is hereby |
2 | amended by adding thereto the following section: |
3 | 44-30-104. Child Tax Credit. |
4 | (a) Definitions. As used in this section: |
5 | (1) “Child” means an individual who is eighteen years of age or under as of December 31 |
6 | of the tax year. |
7 | (2) “Eligible taxpayer” means any natural person or persons domiciled in this state who |
8 | filed a Rhode Island state personal income tax return for the tax year. |
9 | (b) Child Tax Credit. For tax years beginning on or after January 1, 2027, a tax credit in |
10 | the amount of three hundred thirty dollars ($330) shall be allowed for each claimed child on the |
11 | resident tax return of the eligible taxpayer. |
12 | (c) Child Tax Credit Phase Out |
13 | (1) In the case of any eligible taxpayer filing a return as a single, married filing separately, |
14 | head of household, or qualifying widow/widower taxpayer whose adjusted gross income, as |
15 | modified pursuant to § 44-30-12, for the taxable year beginning on or after January 1, 2027, |
16 | exceeds eighty-eight thousand five hundred dollars ($88,500), the credit amount shall be reduced |
17 | by the applicable percentage. The term “applicable percentage” for purposes of this subsection |
18 | means twenty (20) percentage points for each two thousand eight hundred seventy-five ($2,875) |
19 | (or fraction thereof) by which the eligible taxpayer’s adjusted gross income for the taxable year |
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1 | exceeds eighty-eight thousand five hundred dollars ($88,500). |
2 | (2) In the case of any eligible taxpayer filing a return as married filing jointly taxpayer |
3 | whose adjusted gross income, as modified pursuant to § 44-30-12, for the taxable year beginning |
4 | on or after January 1, 2027, exceeds one hundred ten thousand six hundred forty dollars ($110,640), |
5 | the credit amount shall be reduced by the applicable percentage. The term “applicable percentage” |
6 | for purposes of this subsection means twenty (20) percentage points for each three thousand five |
7 | hundred ninety dollars ($3,590) (or fraction thereof) by which the eligible taxpayer’s adjusted gross |
8 | income for the taxable year exceeds one hundred ten thousand six hundred forty dollars ($110,640). |
9 | (d) Adjustment for inflation. The dollar amounts contained in subsections (b) and (c) of |
10 | this section shall be increased annually by an amount equal to: |
11 | (I) Such dollar amounts contained in subsections (b) and (c) of this section adjusted for |
12 | inflation using a base tax year of 2026, multiplied by; |
13 | (II) The cost-of-living adjustment with a base year of 2026. |
14 | (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is |
15 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds |
16 | the consumer price index for the base year. The consumer price index for any calendar year is the |
17 | average of the consumer price index as of the close of the twelve-month (12) period ending on |
18 | August 31, of such calendar year. |
19 | (IV) For the purpose of this section the term “consumer price index” means the last |
20 | consumer price index for all urban consumers published by the department of labor. For the purpose |
21 | of this section the revision of the consumer price index that is most consistent with the consumer |
22 | price index for calendar year 1986 shall be used. |
23 | (V) If any increase determined under this section is not a multiple of five dollars ($5.00), |
24 | such increase shall be rounded to the next lower multiple of five dollars ($5.00). |
25 | SECTION 2. Sections 44-30-2.6 and 44-30-12 of the General Laws in Chapter 44-30 |
26 | entitled "Personal Income Tax" are hereby amended to read as follows: |
27 | 44-30-2.6. Rhode Island taxable income — Rate of tax. |
28 | (a) “Rhode Island taxable income” means federal taxable income as determined under the |
29 | Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard- |
30 | deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax |
31 | Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of |
32 | 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. |
33 | (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on |
34 | or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island |
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1 | taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five |
2 | and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 |
3 | and thereafter of the federal income tax rates, including capital gains rates and any other special |
4 | rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately |
5 | prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); |
6 | provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable |
7 | year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal |
8 | Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a |
9 | taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or |
10 | her personal income tax liability. |
11 | (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative |
12 | minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island |
13 | alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by |
14 | multiplying the federal tentative minimum tax without allowing for the increased exemptions under |
15 | the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 |
16 | Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year |
17 | 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product |
18 | to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s |
19 | Rhode Island alternative minimum tax. |
20 | (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption |
21 | amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by |
22 | the tax administrator in the manner prescribed for adjustment by the commissioner of Internal |
23 | Revenue in 26 U.S.C. § 1(f). |
24 | (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode |
25 | Island taxable income shall be determined by deducting from federal adjusted gross income as |
26 | defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island |
27 | itemized-deduction amount and the Rhode Island exemption amount as determined in this section. |
28 | (A) Tax imposed. |
29 | (1) There is hereby imposed on the taxable income of married individuals filing joint |
30 | returns and surviving spouses a tax determined in accordance with the following table: |
31 | If taxable income is: The tax is: |
32 | Not over $53,150 3.75% of taxable income |
33 | Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 |
34 | Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 |
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1 | Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 |
2 | Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 |
3 | (2) There is hereby imposed on the taxable income of every head of household a tax |
4 | determined in accordance with the following table: |
5 | If taxable income is: The tax is: |
6 | Not over $42,650 3.75% of taxable income |
7 | Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 |
8 | Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 |
9 | Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 |
10 | Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 |
11 | (3) There is hereby imposed on the taxable income of unmarried individuals (other than |
12 | surviving spouses and heads of households) a tax determined in accordance with the following |
13 | table: |
14 | If taxable income is: The tax is: |
15 | Not over $31,850 3.75% of taxable income |
16 | Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 |
17 | Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 |
18 | Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 |
19 | Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 |
20 | (4) There is hereby imposed on the taxable income of married individuals filing separate |
21 | returns and bankruptcy estates a tax determined in accordance with the following table: |
22 | If taxable income is: The tax is: |
23 | Not over $26,575 3.75% of taxable income |
24 | Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 |
25 | Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 |
26 | Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 |
27 | Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 |
28 | (5) There is hereby imposed a taxable income of an estate or trust a tax determined in |
29 | accordance with the following table: |
30 | If taxable income is: The tax is: |
31 | Not over $2,150 3.75% of taxable income |
32 | Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 |
33 | Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 |
34 | Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 |
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1 | Over $10,450 $737.50 plus 9.90% of the excess over $10,450 |
2 | (6) Adjustments for inflation. |
3 | The dollars amount contained in paragraph (A) shall be increased by an amount equal to: |
4 | (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; |
5 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1993; |
6 | (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making |
7 | adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall |
8 | be determined under section (J) by substituting “1994” for “1993.” |
9 | (B) Maximum capital gains rates. |
10 | (1) In general. |
11 | If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax |
12 | imposed by this section for such taxable year shall not exceed the sum of: |
13 | (a) 2.5% of the net capital gain as reported for federal income tax purposes under section |
14 | 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b). |
15 | (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. |
16 | § 1(h)(1)(c). |
17 | (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 |
18 | U.S.C. § 1(h)(1)(d). |
19 | (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. |
20 | § 1(h)(1)(e). |
21 | (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain |
22 | shall be determined under subdivision 44-30-2.6(c)(2)(A). |
23 | (C) Itemized deductions. |
24 | (1) In general. |
25 | For the purposes of section (2), “itemized deductions” means the amount of federal |
26 | itemized deductions as modified by the modifications in § 44-30-12. |
27 | (2) Individuals who do not itemize their deductions. |
28 | In the case of an individual who does not elect to itemize his deductions for the taxable |
29 | year, they may elect to take a standard deduction. |
30 | (3) Basic standard deduction. |
31 | The Rhode Island standard deduction shall be allowed in accordance with the following |
32 | table: |
33 | Filing status Amount |
34 | Single $5,350 |
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1 | Married filing jointly or qualifying widow(er) $8,900 |
2 | Married filing separately $4,450 |
3 | Head of Household $7,850 |
4 | (4) Additional standard deduction for the aged and blind. |
5 | An additional standard deduction shall be allowed for individuals age sixty-five (65) or |
6 | older or blind in the amount of $1,300 for individuals who are not married and $1,050 for |
7 | individuals who are married. |
8 | (5) Limitation on basic standard deduction in the case of certain dependents. |
9 | In the case of an individual to whom a deduction under section (E) is allowable to another |
10 | taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: |
11 | (a) $850; |
12 | (b) The sum of $300 and such individual’s earned income; |
13 | (6) Certain individuals not eligible for standard deduction. |
14 | In the case of: |
15 | (a) A married individual filing a separate return where either spouse itemizes deductions; |
16 | (b) Nonresident alien individual; |
17 | (c) An estate or trust; |
18 | The standard deduction shall be zero. |
19 | (7) Adjustments for inflation. |
20 | Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount |
21 | equal to: |
22 | (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied |
23 | by |
24 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1988. |
25 | (D) Overall limitation on itemized deductions. |
26 | (1) General rule. |
27 | In the case of an individual whose adjusted gross income as modified by § 44-30-12 |
28 | exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the |
29 | taxable year shall be reduced by the lesser of: |
30 | (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 |
31 | over the applicable amount; or |
32 | (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for |
33 | such taxable year. |
34 | (2) Applicable amount. |
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1 | (a) In general. |
2 | For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the |
3 | case of a separate return by a married individual) |
4 | (b) Adjustments for inflation. |
5 | Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: |
6 | (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by |
7 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. |
8 | (3) Phase-out of Limitation. |
9 | (a) In general. |
10 | In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, |
11 | the reduction under section (1) shall be equal to the applicable fraction of the amount which would |
12 | be the amount of such reduction. |
13 | (b) Applicable fraction. |
14 | For purposes of paragraph (a), the applicable fraction shall be determined in accordance |
15 | with the following table: |
16 | For taxable years beginning in calendar year The applicable fraction is |
17 | 2006 and 2007 ⅔ |
18 | 2008 and 2009 ⅓ |
19 | (E) Exemption amount. |
20 | (1) In general. |
21 | Except as otherwise provided in this subsection, the term “exemption amount” means |
22 | $3,400. |
23 | (2) Exemption amount disallowed in case of certain dependents. |
24 | In the case of an individual with respect to whom a deduction under this section is allowable |
25 | to another taxpayer for the same taxable year, the exemption amount applicable to such individual |
26 | for such individual's taxable year shall be zero. |
27 | (3) Adjustments for inflation. |
28 | The dollar amount contained in paragraph (1) shall be increased by an amount equal to: |
29 | (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by |
30 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1989. |
31 | (4) Limitation. |
32 | (a) In general. |
33 | In the case of any taxpayer whose adjusted gross income as modified for the taxable year |
34 | exceeds the threshold amount shall be reduced by the applicable percentage. |
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1 | (b) Applicable percentage. |
2 | In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the |
3 | threshold amount, the exemption amount shall be reduced by two (2) percentage points for each |
4 | $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year |
5 | exceeds the threshold amount. In the case of a married individual filing a separate return, the |
6 | preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the |
7 | applicable percentage exceed one hundred percent (100%). |
8 | (c) Threshold Amount. |
9 | For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with |
10 | the following table: |
11 | Filing status Amount |
12 | Single $156,400 |
13 | Married filing jointly of qualifying widow(er) $234,600 |
14 | Married filing separately $117,300 |
15 | Head of Household $195,500 |
16 | (d) Adjustments for inflation. |
17 | Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: |
18 | (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by |
19 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. |
20 | (5) Phase-out of limitation. |
21 | (a) In general. |
22 | In the case of taxable years beginning after December 31, 2005, and before January 1, |
23 | 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which |
24 | would be the amount of such reduction. |
25 | (b) Applicable fraction. |
26 | For the purposes of paragraph (a), the applicable fraction shall be determined in accordance |
27 | with the following table: |
28 | For taxable years beginning in calendar year The applicable fraction is |
29 | 2006 and 2007 ⅔ |
30 | 2008 and 2009 ⅓ |
31 | (F) Alternative minimum tax. |
32 | (1) General rule. There is hereby imposed (in addition to any other tax imposed by this |
33 | subtitle) a tax equal to the excess (if any) of: |
34 | (a) The tentative minimum tax for the taxable year, over |
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1 | (b) The regular tax for the taxable year. |
2 | (2) The tentative minimum tax for the taxable year is the sum of: |
3 | (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus |
4 | (b) 7.0 percent of so much of the taxable excess above $175,000. |
5 | (3) The amount determined under the preceding sentence shall be reduced by the alternative |
6 | minimum tax foreign tax credit for the taxable year. |
7 | (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so |
8 | much of the federal alternative minimum taxable income as modified by the modifications in § 44- |
9 | 30-12 as exceeds the exemption amount. |
10 | (5) In the case of a married individual filing a separate return, subparagraph (2) shall be |
11 | applied by substituting “$87,500” for $175,000 each place it appears. |
12 | (6) Exemption amount. |
13 | For purposes of this section "exemption amount" means: |
14 | Filing status Amount |
15 | Single $39,150 |
16 | Married filing jointly or qualifying widow(er) $53,700 |
17 | Married filing separately $26,850 |
18 | Head of Household $39,150 |
19 | Estate or trust $24,650 |
20 | (7) Treatment of unearned income of minor children |
21 | (a) In general. |
22 | In the case of a minor child, the exemption amount for purposes of section (6) shall not |
23 | exceed the sum of: |
24 | (i) Such child's earned income, plus |
25 | (ii) $6,000. |
26 | (8) Adjustments for inflation. |
27 | The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount |
28 | equal to: |
29 | (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by |
30 | (b) The cost-of-living adjustment determined under section (J) with a base year of 2004. |
31 | (9) Phase-out. |
32 | (a) In general. |
33 | The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount |
34 | equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income |
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1 | of the taxpayer exceeds the threshold amount. |
2 | (b) Threshold amount. |
3 | For purposes of this paragraph, the term “threshold amount” shall be determined with the |
4 | following table: |
5 | Filing status Amount |
6 | Single $123,250 |
7 | Married filing jointly or qualifying widow(er) $164,350 |
8 | Married filing separately $82,175 |
9 | Head of Household $123,250 |
10 | Estate or Trust $82,150 |
11 | (c) Adjustments for inflation |
12 | Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: |
13 | (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by |
14 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. |
15 | (G) Other Rhode Island taxes. |
16 | (1) General rule. There is hereby imposed (in addition to any other tax imposed by this |
17 | subtitle) a tax equal to twenty-five percent (25%) of: |
18 | (a) The Federal income tax on lump-sum distributions. |
19 | (b) The Federal income tax on parents' election to report child's interest and dividends. |
20 | (c) The recapture of Federal tax credits that were previously claimed on Rhode Island |
21 | return. |
22 | (H) Tax for children under 18 with investment income. |
23 | (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: |
24 | (a) The Federal tax for children under the age of 18 with investment income. |
25 | (I) Averaging of farm income. |
26 | (1) General rule. At the election of an individual engaged in a farming business or fishing |
27 | business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: |
28 | (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § |
29 | 1301]. |
30 | (J) Cost-of-living adjustment. |
31 | (1) In general. |
32 | The cost-of-living adjustment for any calendar year is the percentage (if any) by which: |
33 | (a) The CPI for the preceding calendar year exceeds |
34 | (b) The CPI for the base year. |
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1 | (2) CPI for any calendar year. |
2 | For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer |
3 | price index as of the close of the twelve (12) month period ending on August 31 of such calendar |
4 | year. |
5 | (3) Consumer price index. |
6 | For purposes of paragraph (2), the term “consumer price index” means the last consumer |
7 | price index for all urban consumers published by the department of labor. For purposes of the |
8 | preceding sentence, the revision of the consumer price index that is most consistent with the |
9 | consumer price index for calendar year 1986 shall be used. |
10 | (4) Rounding. |
11 | (a) In general. |
12 | If any increase determined under paragraph (1) is not a multiple of $50, such increase shall |
13 | be rounded to the next lowest multiple of $50. |
14 | (b) In the case of a married individual filing a separate return, subparagraph (a) shall be |
15 | applied by substituting “$25” for $50 each place it appears. |
16 | (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer |
17 | entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to |
18 | a credit against the Rhode Island tax imposed under this section: |
19 | (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.] |
20 | (2) Child and dependent care credit; |
21 | (3) General business credits; |
22 | (4) Credit for elderly or the disabled; |
23 | (5) Credit for prior year minimum tax; |
24 | (6) Mortgage interest credit; |
25 | (7) Empowerment zone employment credit; |
26 | (8) Qualified electric vehicle credit. |
27 | (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, |
28 | a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island |
29 | tax imposed under this section if the adopted child was under the care, custody, or supervision of |
30 | the Rhode Island department of children, youth and families prior to the adoption. |
31 | (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits |
32 | provided there shall be no deduction based on any federal credits enacted after January 1, 1996, |
33 | including the rate reduction credit provided by the federal Economic Growth and Tax |
34 | Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be |
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1 | reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax |
2 | purposes shall determine the Rhode Island amount to be recaptured in the same manner as |
3 | prescribed in this subsection. |
4 | (N) Rhode Island earned-income credit. |
5 | (1) In general. |
6 | For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned- |
7 | income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent |
8 | (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode |
9 | Island income tax. |
10 | For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer |
11 | entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit |
12 | equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the |
13 | amount of the Rhode Island income tax. |
14 | For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned- |
15 | income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half |
16 | percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the |
17 | Rhode Island income tax. |
18 | For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned- |
19 | income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) |
20 | of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island |
21 | income tax. |
22 | For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned- |
23 | income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%) |
24 | of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island |
25 | income tax. |
26 | (2) Refundable portion. |
27 | In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this |
28 | section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall |
29 | be allowed as follows. |
30 | (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable |
31 | earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned- |
32 | income credit exceeds the Rhode Island income tax. |
33 | (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) |
34 | refundable earned-income credit means one hundred percent (100%) of the amount by which the |
| LC005297/SUB A - Page 12 of 18 |
1 | Rhode Island earned-income credit exceeds the Rhode Island income tax. |
2 | (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs |
3 | (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years |
4 | thereafter for inclusion in the statute. |
5 | (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode |
6 | Island taxable income” means federal adjusted gross income as determined under the Internal |
7 | Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44- |
8 | 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph |
9 | 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph |
10 | 44-30-2.6(c)(3)(C). |
11 | (A) Tax imposed. |
12 | (I) There is hereby imposed on the taxable income of married individuals filing joint |
13 | returns, qualifying widow(er), every head of household, unmarried individuals, married individuals |
14 | filing separate returns and bankruptcy estates, a tax determined in accordance with the following |
15 | table: |
16 | (1) |
17 | RI Taxable Income RI Income Tax |
18 | Over But not over Pay + % on Excess on the amount over |
19 | $ 0 - $ 55,000 $ 0 + 3.75% $ 0 |
20 | 55,000 - 125,000 2,063 + 4.75% 55,000 |
21 | 125,000 - 5,388 + 5.99% 125,000 |
22 | (2) High-income surtax. (i) For tax years beginning on or after January 1, 2027, until the |
23 | tax year beginning January 1, 2028, there is hereby imposed on the taxable income of married |
24 | individuals filing joint returns, qualifying widow(er), every head of household, unmarried |
25 | individuals, married individuals filing separate returns and bankruptcy estates, a tax at one percent |
26 | (1%) of Rhode Island taxable income over one million dollars ($1,000,000). |
27 | (ii) For tax years beginning on or after January 1, 2028, until the tax year beginning January |
28 | 1, 2029, there is hereby imposed on the taxable income of married individuals filing joint returns, |
29 | qualifying widow(er), every head of household, unmarried individuals, married individuals filing |
30 | separate returns and bankruptcy estates, a tax at two percent (2%) of Rhode Island taxable income |
31 | over one million dollars ($1,000,000), as adjusted for inflation. |
32 | (iii) For tax years beginning on or after January 1, 2029, there is hereby imposed on the |
33 | taxable income of married individuals filing joint returns, qualifying widow(er), every head of |
34 | household, unmarried individuals, married individuals filing separate returns and bankruptcy |
| LC005297/SUB A - Page 13 of 18 |
1 | estates, a tax at three percent (3%) of Rhode Island taxable income over one million dollars |
2 | ($1,000,000), as adjusted for inflation. |
3 | (3) Highest Rhode Island withholding tax rate provided for individuals. For the |
4 | purposes of this chapter, for tax years beginning on or after January 1, 2027, any reference to the |
5 | highest Rhode Island withholding tax rate provided for individuals shall be the sum of the highest |
6 | marginal tax rate in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income surtax in § 44-30- |
7 | 2.6(c)(3)(A)(I)(2). |
8 | (4) Personal income tax. For the purposes of this title, any reference to personal income |
9 | tax for individuals shall include the tax imposed in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income |
10 | surtax in § 44-30-2.6(c)(3)(A)(I)(2) |
11 | (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in |
12 | accordance with the following table: |
13 | (1) |
14 | RI Taxable Income RI Income Tax |
15 | Over But not over Pay + % on Excess on the amount over |
16 | $ 0 - $ 2,230 $ 0 + 3.75% $ 0 |
17 | 2,230 - 7,022 84 + 4.75% 2,230 |
18 | 7,022 - 312 + 5.99% 7,022 |
19 | (2) High-income surtax. (i) For tax years beginning on or after January 1, 2027, until the |
20 | tax year beginning January 1, 2028, there is hereby imposed on the taxable income of an estate or |
21 | trust, a tax at one percent (1%) of Rhode Island taxable income over thirty-six thousand four |
22 | hundred twenty-seven dollars ($36,427). |
23 | (ii) For tax years beginning on or after January 1, 2028, until the tax year beginning January |
24 | 1, 2029, there is hereby imposed on the taxable income of an estate or trust, a tax at two percent |
25 | (2%) of Rhode Island taxable income over thirty-six thousand four hundred twenty-seven dollars |
26 | ($36,427), as adjusted for inflation. |
27 | (iii) For tax years beginning on or after January 1, 2029, there is hereby imposed on the |
28 | taxable income of an estate or trust, a tax at three percent (3%) of Rhode Island taxable income |
29 | over thirty-six thousand four hundred twenty-seven dollars ($36,427), as adjusted for inflation. |
30 | (3) Personal income tax. For the purposes of this title, any reference to personal income |
31 | tax for an estate or trust shall include the tax imposed in § 44-30-2.6(c)(3)(A)(II)(1) and the high- |
32 | income surtax in § 44-30-2.6(c)(3)(A)(II)(2). |
33 | (B) Deductions: |
34 | (I) Rhode Island Basic Standard Deduction. |
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1 | Only the Rhode Island standard deduction shall be allowed in accordance with the |
2 | following table: |
3 | Filing status: Amount |
4 | Single $7,500 |
5 | Married filing jointly or qualifying widow(er) $15,000 |
6 | Married filing separately $7,500 |
7 | Head of Household $11,250 |
8 | (II) Nonresident alien individuals, estates and trusts are not eligible for standard |
9 | deductions. |
10 | (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island |
11 | purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand |
12 | dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. |
13 | The term “applicable percentage” means twenty (20) percentage points for each five thousand |
14 | dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable |
15 | year exceeds one hundred seventy-five thousand dollars ($175,000). |
16 | (C) Exemption Amount: |
17 | (I) The term “exemption amount” means three thousand five hundred dollars ($3,500) |
18 | multiplied by the number of exemptions allowed for the taxable year for federal income tax |
19 | purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same |
20 | 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 |
21 | Jobs Act (Pub. L. No. 115-97) on December 22, 2017. |
22 | (II) Exemption amount disallowed in case of certain dependents. In the case of an |
23 | individual with respect to whom a deduction under this section is allowable to another taxpayer for |
24 | the same taxable year, the exemption amount applicable to such individual for such individual’s |
25 | taxable year shall be zero. |
26 | (III) Identifying information required. |
27 | (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be |
28 | allowed under this section with respect to any individual unless the Taxpayer Identification Number |
29 | of such individual is included on the federal return claiming the exemption for the same tax filing |
30 | period. |
31 | (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event |
32 | that the Taxpayer Identification Number for each individual is not required to be included on the |
33 | federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer |
34 | Identification Number must be provided on the Rhode Island tax return for the purpose of claiming |
| LC005297/SUB A - Page 15 of 18 |
1 | said exemption(s). |
2 | (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island |
3 | purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand |
4 | dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term |
5 | “applicable percentage” means twenty (20) percentage points for each five thousand dollars |
6 | ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year |
7 | exceeds one hundred seventy-five thousand dollars ($175,000). |
8 | (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30- |
9 | 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 |
10 | equal to: |
11 | (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) |
12 | and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; |
13 | (II) The cost-of-living adjustment with a base year of 2000. |
14 | (III) For tax years beginning on or after January 1, 2027, for §§ 44-30-2.6(c)(3)(A)(I)(2) |
15 | and 44-30-2.6(c)(3)(A)(II)(2), the base tax year and the base year shall be 2026. |
16 | (IV) For the purposes of this section, the cost-of-living adjustment for any calendar year is |
17 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds |
18 | the consumer price index for the base year. The consumer price index for any calendar year is the |
19 | average of the consumer price index as of the close of the twelve-month (12) period ending on |
20 | August 31, of such calendar year. |
21 | (IV)(V) For the purpose of this section the term “consumer price index” means the last |
22 | consumer price index for all urban consumers published by the department of labor. For the purpose |
23 | of this section the revision of the consumer price index that is most consistent with the consumer |
24 | price index for calendar year 1986 shall be used. |
25 | (V)(VI) If any increase determined under this section is not a multiple of fifty dollars |
26 | ($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the |
27 | case of a married individual filing separate return, if any increase determined under this section is |
28 | not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower |
29 | multiple of twenty-five dollars ($25.00). |
30 | (F) Credits against tax. |
31 | (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on |
32 | or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be |
33 | as follows: |
34 | (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit |
| LC005297/SUB A - Page 16 of 18 |
1 | pursuant to subparagraph 44-30-2.6(c)(2)(N). |
2 | (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided |
3 | in § 44-33-1 et seq. |
4 | (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax |
5 | credit as provided in § 44-30.3-1 et seq. |
6 | (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to |
7 | other states pursuant to § 44-30-74. |
8 | (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit |
9 | as provided in § 44-33.2-1 et seq. |
10 | (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture |
11 | production tax credit as provided in § 44-31.2-1 et seq. |
12 | (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of |
13 | the federal child and dependent care credit allowable for the taxable year for federal purposes; |
14 | provided, however, such credit shall not exceed the Rhode Island tax liability. |
15 | (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for |
16 | contributions to scholarship organizations as provided in chapter 62 of title 44. |
17 | (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable |
18 | as if no withholding were required, but any amount of Rhode Island personal income tax actually |
19 | deducted and withheld in any calendar year shall be deemed to have been paid to the tax |
20 | administrator on behalf of the person from whom withheld, and the person shall be credited with |
21 | having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable |
22 | year of less than twelve (12) months, the credit shall be made under regulations of the tax |
23 | administrator. |
24 | (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in |
25 | RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. |
26 | (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in |
27 | § 42-64.20-1 et seq. |
28 | (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode |
29 | Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. |
30 | (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, |
31 | unused carryforward for such credit previously issued shall be allowed for the historic |
32 | homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already |
33 | issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits |
34 | under the historic homeownership assistance act. |
| LC005297/SUB A - Page 17 of 18 |
1 | (n) Child tax credit: Effective for tax years beginning on or after January 1, 2027, credit |
2 | shall be allowed for the child tax credit as provided in § 44-30-104. |
3 | (2) Except as provided in section 1 above, no other state and federal tax credit shall be |
4 | available to the taxpayers in computing tax liability under this chapter. |
5 | SECTION 3. This act shall take effect upon passage. |
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| LC005297/SUB A - Page 18 of 18 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION -- PERSONAL INCOME TAX | |
*** | |
1 | This act would establish a child tax credit in the amount of three hundred thirty dollars |
2 | ($330) for eligible taxpayers adjusted for inflation annually commencing January 1, 2027. |
3 | This act would take effect upon passage. |
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LC005297/SUB A | |
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