2026 -- S 2833 | |
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LC005425 | |
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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 -- RHODE ISLAND LOCAL INVESTMENT TAX CREDIT ACT | |
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Introduced By: Senators Valverde, Ciccone, Lauria, DiPalma, Acosta, Bissaillon, | |
Date Introduced: March 04, 2026 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 73 |
4 | RHODE ISLAND LOCAL INVESTMENT TAX CREDIT ACT |
5 | 44-73-1. Short title. |
6 | This chapter shall be known and may be cited as the "Rhode Island Local Investment Tax |
7 | Credit Act”. |
8 | 44-73-2. Legislative intent. |
9 | It is the intent of the general assembly to annually appropriate sufficient funds from the |
10 | state general fund to fully compensate for any loss of revenue resulting from the enactment of this |
11 | chapter. |
12 | 44-73-3. Definitions. |
13 | As used in this chapter: |
14 | (1) "Family member" means an individual who is the spouse, mother, father, brother, sister, |
15 | child, stepparent, stepchild, stepbrother, stepsister, grandparent, grandchild, legal ward, or a legally |
16 | appointed guardian with a certified letter of guardianship, of the investor. |
17 | (2) "Qualified business" means a business that employs ninety-nine (99) or fewer |
18 | employees and that the Rhode Island commerce corporation strategic fund certifies as in |
19 | compliance with all of the following at the time of the investment: |
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1 | (i) The business has its headquarters in this state, is domiciled in this state, and has a |
2 | majority of its employees working in this state, and its transactions are limited to residents of this |
3 | state. |
4 | (ii) The business receives at least eighty percent (80%) of its gross revenues from the |
5 | operation of its business in this state. |
6 | (iii) The business has at least eighty percent (80%) of its assets in this state. |
7 | (3) "Qualified investment" means a cash or a cash equivalent investment certified by the |
8 | Rhode Island commerce corporation strategic fund in a qualified business and that is not in a |
9 | qualified business in which a family member of the investor is an employee or owner of the business |
10 | or in which the investor or a family member of the investor has a preexisting fiduciary relationship |
11 | with the business. |
12 | (4) "Rhode Island commerce corporation strategic fund" means the Rhode Island |
13 | commerce corporation strategic fund to be created pursuant to § 42-64-18. |
14 | 44-73-4. Credit against tax. |
15 | (a) For tax years beginning on and after January 1, 2027, subject to the limitations under |
16 | this section, a taxpayer that makes a qualified investment in a qualified business may claim a credit |
17 | against the tax imposed by this title equal to fifty percent (50%) of the qualified investment made |
18 | during the tax year. A taxpayer shall not claim a credit of more than three thousand dollars ($3,000) |
19 | based on a qualified investment in any one qualified business and shall not claim a credit of more |
20 | than three thousand dollars ($3,000) for qualified investments in all qualified businesses in any one |
21 | tax year. To qualify for the credit under this section, the taxpayer shall request certification from |
22 | the Rhode Island commerce corporation strategic fund within sixty (60) days of making the |
23 | investment. |
24 | (b) The Rhode Island commerce corporation strategic fund shall develop an application |
25 | and approval process in order to certify investments under this section and adopt a program |
26 | describing parameters and criteria to be used for approving investments. As part of that program |
27 | adoption, the Rhode Island commerce corporation strategic fund shall determine and describe the |
28 | conditions to be met to be considered a qualified investment. Any investment for which a credit is |
29 | sought under this section is subject to the provisions of chapter 11 of title 7 ("Rhode Island uniform |
30 | securities act"), and shall be made in compliance with applicable state and federal securities laws, |
31 | rules, and regulations. |
32 | (c) A taxpayer shall not claim a credit under this section unless the Rhode Island commerce |
33 | corporation strategic fund has issued a certificate to the taxpayer. The taxpayer shall attach the |
34 | certificate to the annual return filed under this title on which a credit under this section is claimed. |
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1 | The certificate required under this subsection shall specify all of the following: |
2 | (1) The total amount of investment made during the tax year by the taxpayer in each |
3 | qualified business. |
4 | (2) The total amount of qualified investments made in each qualified business if different |
5 | from the previous amount. |
6 | (3) The total amount of the credit under this section that the taxpayer is allowed to claim |
7 | for the designated tax year. |
8 | (4) If the amount of the credit allowed under this section exceeds the tax liability of the |
9 | taxpayer for the tax year, that portion of the credit that exceeds the tax liability of the taxpayer for |
10 | the tax year shall not be refunded but may be carried forward to offset tax liability under this title |
11 | in subsequent tax years for a period not to exceed ten (10) tax years or until used up, whichever |
12 | occurs first. |
13 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION -- RHODE ISLAND LOCAL INVESTMENT TAX CREDIT ACT | |
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1 | This act would provide an investment tax credit to a taxpayer that makes a qualified |
2 | investment in a local qualified business of ninety-nine (99) employees or less. This act would be |
3 | funded by a Rhode Island commerce corporation strategic fund pursuant to § 42-64-18. |
4 | Additionally, the general assembly would annually appropriate sufficient funds from the general |
5 | fund to fully compensate for any loss of revenue as a result of the provisions of this act. |
6 | This act would take effect upon passage. |
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