Rhode Island 2023 Regular Session

Rhode Island House Bill H5145 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44
55 2023 -- H 5145
66 ========
77 LC000136
88 ========
99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- PERSONAL INCOME TAX
1616 Introduced By: Representatives McEntee, Vella-Wilkinson, Morales, Caldwell, Dawson,
1717 Craven, Finkelman, Serpa, Phillips, and Potter
1818 Date Introduced: January 18, 2023
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal 1
2424 Income Tax" is hereby amended to read as follows: 2
2525 44-30-12. Rhode Island income of a resident individual. 3
2626 (a) General. The Rhode Island income of a resident individual means his or her adjusted 4
2727 gross income for federal income tax purposes, with the modifications specified in this section. 5
2828 (b) Modifications increasing federal adjusted gross income. There shall be added to 6
2929 federal adjusted gross income: 7
3030 (1) Interest income on obligations of any state, or its political subdivisions, other than 8
3131 Rhode Island or its political subdivisions; 9
3232 (2) Interest or dividend income on obligations or securities of any authority, commission, 10
3333 or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the 11
3434 extent exempted by the laws of the United States from federal income tax but not from state income 12
3535 taxes; 13
3636 (3) The modification described in § 44-30-25(g); 14
3737 (4)(i) The amount defined below of a nonqualified withdrawal made from an account in 15
3838 the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified 16
3939 withdrawal is: 17
4040 (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal 18
4141 Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-19
4242
4343
4444 LC000136 - Page 2 of 9
4545 6.1; and 1
4646 (B) A withdrawal or distribution that is: 2
4747 (I) Not applied on a timely basis to pay “qualified higher education expenses” as defined 3
4848 in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made; 4
4949 (II) Not made for a reason referred to in § 16-57-6.1(e); or 5
5050 (III) Not made in other circumstances for which an exclusion from tax made applicable by 6
5151 Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover, 7
5252 withdrawal, or distribution is made within two (2) taxable years following the taxable year for 8
5353 which a contributions modification pursuant to subsection (c)(4) of this section is taken based on 9
5454 contributions to any tuition savings program account by the person who is the participant of the 10
5555 account at the time of the contribution, whether or not the person is the participant of the account 11
5656 at the time of the transfer, rollover, withdrawal or distribution; 12
5757 (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B) 13
5858 of this section, there shall be added to the federal adjusted gross income of that person for the 14
5959 taxable year of the withdrawal an amount equal to the lesser of: 15
6060 (A) The amount equal to the nonqualified withdrawal reduced by the sum of any 16
6161 administrative fee or penalty imposed under the tuition savings program in connection with the 17
6262 nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the 18
6363 person’s federal adjusted gross income for the taxable year; and 19
6464 (B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of 20
6565 this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less 21
6666 the amount of any nonqualified withdrawal for the two (2) prior taxable years included in 22
6767 computing the person’s Rhode Island income by application of this subsection for those years. Any 23
6868 amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode 24
6969 Island income for residents, nonresidents and part-year residents; 25
7070 (5) The modification described in § 44-30-25.1(d)(3)(i); 26
7171 (6) The amount equal to any unemployment compensation received but not included in 27
7272 federal adjusted gross income; 28
7373 (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a 29
7474 qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and 30
7575 (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck 31
7676 Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus 32
7777 Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or 33
7878 any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount 34
7979
8080
8181 LC000136 - Page 3 of 9
8282 of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount 1
8383 of a pass-through entity’s loan forgiveness in excess of $250,000. 2
8484 (c) Modifications reducing federal adjusted gross income. There shall be subtracted 3
8585 from federal adjusted gross income: 4
8686 (1) Any interest income on obligations of the United States and its possessions to the extent 5
8787 includible in gross income for federal income tax purposes, and any interest or dividend income on 6
8888 obligations, or securities of any authority, commission, or instrumentality of the United States to 7
8989 the extent includible in gross income for federal income tax purposes but exempt from state income 8
9090 taxes under the laws of the United States; provided, that the amount to be subtracted shall in any 9
9191 case be reduced by any interest on indebtedness incurred or continued to purchase or carry 10
9292 obligations or securities the income of which is exempt from Rhode Island personal income tax, to 11
9393 the extent the interest has been deducted in determining federal adjusted gross income or taxable 12
9494 income; 13
9595 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1); 14
9696 (3) The amount of any withdrawal or distribution from the “tuition savings program” 15
9797 referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal 16
9898 or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal; 17
9999 (4) Contributions made to an account under the tuition savings program, including the 18
100100 “contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the 19
101101 following limitations, restrictions and qualifications: 20
102102 (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the 21
103103 taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint 22
104104 return; 23
105105 (ii) The following shall not be considered contributions: 24
106106 (A) Contributions made by any person to an account who is not a participant of the account 25
107107 at the time the contribution is made; 26
108108 (B) Transfers or rollovers to an account from any other tuition savings program account or 27
109109 from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26 28
110110 U.S.C. § 529; or 29
111111 (C) A change of the beneficiary of the account; 30
112112 (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal 31
113113 adjusted gross income to less than zero (0); 32
114114 (iv) The contributions carryover to a taxable year for purpose of this subdivision is the 33
115115 excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition 34
116116
117117
118118 LC000136 - Page 4 of 9
119119 savings program for all preceding taxable years for which this subsection is effective over the sum 1
120120 of: 2
121121 (A) The total of the subtractions under this subdivision allowable to the taxpayer for all 3
122122 such preceding taxable years; and 4
123123 (B) That part of any remaining contribution carryover at the end of the taxable year which 5
124124 exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable 6
125125 years not included in the addition provided for in this subdivision for those years. Any such part 7
126126 shall be disregarded in computing the contributions carryover for any subsequent taxable year; 8
127127 (v) For any taxable year for which a contributions carryover is applicable, the taxpayer 9
128128 shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax 10
129129 return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a 11
130130 joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a 12
131131 subsequent taxable year, the computation shall reflect how the carryover is being allocated between 13
132132 the prior joint filers; 14
133133 (5) The modification described in § 44-30-25.1(d)(1); 15
134134 (6) Amounts deemed taxable income to the taxpayer due to payment or provision of 16
135135 insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or 17
136136 other coverage plan; 18
137137 (7) Modification for organ transplantation. 19
138138 (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted 20
139139 gross income if he or she, while living, donates one or more of his or her human organs to another 21
140140 human being for human organ transplantation, except that for purposes of this subsection, “human 22
141141 organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract 23
142142 modification that is claimed hereunder may be claimed in the taxable year in which the human 24
143143 organ transplantation occurs. 25
144144 (ii) An individual may claim that subtract modification hereunder only once, and the 26
145145 subtract modification may be claimed for only the following unreimbursed expenses that are 27
146146 incurred by the claimant and related to the claimant’s organ donation: 28
147147 (A) Travel expenses. 29
148148 (B) Lodging expenses. 30
149149 (C) Lost wages. 31
150150 (iii) The subtract modification hereunder may not be claimed by a part-time resident or a 32
151151 nonresident of this state; 33
152152 (8) Modification for taxable Social Security income. 34
153153
154154
155155 LC000136 - Page 5 of 9
156156 (i) For tax years beginning on or after January 1, 2016: 1
157157 (A) For a person who has attained the age used for calculating full or unreduced Social 2
158158 Security retirement benefits who files a return as an unmarried individual, head of household, or 3
159159 married filing separate whose federal adjusted gross income for the taxable year is less than eighty 4
160160 thousand dollars ($80,000); or 5
161161 (B) A married individual filing jointly or individual filing qualifying widow(er) who has 6
162162 attained the age used for calculating full or unreduced Social Security retirement benefits whose 7
163163 joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars 8
164164 ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross 9
165165 income. 10
166166 (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and 11
167167 (c)(8)(i)(B) of this section shall be increased annually by an amount equal to: 12
168168 (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section 13
169169 adjusted for inflation using a base tax year of 2000, multiplied by; 14
170170 (B) The cost-of-living adjustment with a base year of 2000. 15
171171 (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is 16
172172 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 17
173173 the consumer price index for the base year. The consumer price index for any calendar year is the 18
174174 average of the consumer price index as of the close of the twelve-month (12) period ending on 19
175175 August 31, of such calendar year. 20
176176 (iv) For the purpose of this section the term “consumer price index” means the last 21
177177 consumer price index for all urban consumers published by the department of labor. For the purpose 22
178178 of this section the revision of the consumer price index which is most consistent with the consumer 23
179179 price index for calendar year 1986 shall be used. 24
180180 (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 25
181181 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 26
182182 married individual filing separate return, if any increase determined under this section is not a 27
183183 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 28
184184 of twenty-five dollars ($25.00); 29
185185 (vi) For tax years beginning on or after January 1, 2024, an individual may subtract from 30
186186 federal adjusted gross income all social security income; 31
187187 (9) Modification of taxable retirement income from certain pension plans or 32
188188 annuities. 33
189189 (i) For tax years beginning on or after January 1, 2017, until the tax year beginning January 34
190190
191191
192192 LC000136 - Page 6 of 9
193193 1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax 1
194194 years beginning on or after January 1, 2023, a modification shall be allowed for up to twenty 2
195195 thousand dollars ($20,000), of taxable pension and/or annuity income that is included in federal 3
196196 adjusted gross income for the taxable year: 4
197197 (A) For a person who has attained the age used for calculating full or unreduced Social 5
198198 Security retirement benefits who files a return as an unmarried individual, head of household, or 6
199199 married filing separate whose federal adjusted gross income for such taxable year is less than the 7
200200 amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not 8
201201 to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning 9
202202 January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years 10
203203 beginning on or after January 1, 2023, of taxable pension and/or annuity income includible in 11
204204 federal adjusted gross income; or 12
205205 (B) For a married individual filing jointly or individual filing qualifying widow(er) who 13
206206 has attained the age used for calculating full or unreduced Social Security retirement benefits whose 14
207207 joint federal adjusted gross income for such taxable year is less than the amount used for the 15
208208 modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000 16
209209 for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022, 17
210210 and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after 18
211211 January 1, 2023, of taxable pension and/or annuity income includible in federal adjusted gross 19
212212 income. 20
213213 (ii) Adjustment for inflation. The dollar amount contained by reference in subsections 21
214214 (c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on 22
215215 or after January 1, 2018, by an amount equal to: 23
216216 (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B) 24
217217 of this section adjusted for inflation using a base tax year of 2000, multiplied by; 25
218218 (B) The cost-of-living adjustment with a base year of 2000. 26
219219 (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is 27
220220 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 28
221221 the consumer price index for the base year. The consumer price index for any calendar year is the 29
222222 average of the consumer price index as of the close of the twelve-month (12) period ending on 30
223223 August 31, of such calendar year. 31
224224 (iv) For the purpose of this section, the term “consumer price index” means the last 32
225225 consumer price index for all urban consumers published by the department of labor. For the purpose 33
226226 of this section, the revision of the consumer price index which is most consistent with the consumer 34
227227
228228
229229 LC000136 - Page 7 of 9
230230 price index for calendar year 1986 shall be used. 1
231231 (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 2
232232 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 3
233233 married individual filing a separate return, if any increase determined under this section is not a 4
234234 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 5
235235 of twenty-five dollars ($25.00). 6
236236 (vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by 7
237237 reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in 8
238238 subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in 9
239239 subsection(c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection 10
240240 (c)(8)(i)(B), as adjusted for inflation; 11
241241 (10) Modification for Rhode Island investment in opportunity zones. For purposes of 12
242242 a taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by 13
243243 the taxpayer for at least seven (7) years, a modification to income shall be allowed for the 14
244244 incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and 15
245245 the federal benefit allowed under 26 U.S.C. § 1400Z-2(c); 16
246246 (11) Modification for military service pensions. 17
247247 (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed 18
248248 as follows: 19
249249 (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal 20
250250 adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted 21
251251 gross income; 22
252252 (ii) As used in this subsection, the term “military service” shall have the same meaning as 23
253253 set forth in 20 C.F.R. § 212.2; 24
254254 (iii) At no time shall the modification allowed under this subsection alone or in conjunction 25
255255 with subsection (c)(9) exceed the amount of the military service pension received in the tax year 26
256256 for which the modification is claimed; and 27
257257 (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in 28
258258 gross income for federal tax purposes. 29
259259 (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or 30
260260 subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as 31
261261 beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-32
262262 30-17. 33
263263 (e) Partners. The amounts of modifications required to be made under this section by a 34
264264
265265
266266 LC000136 - Page 8 of 9
267267 partner, which relate to items of income or deduction of a partnership, shall be determined under § 1
268268 44-30-15. 2
269269 SECTION 2. This act shall take effect upon passage. 3
270270 ========
271271 LC000136
272272 ========
273273
274274
275275 LC000136 - Page 9 of 9
276276 EXPLANATION
277277 BY THE LEGISLATIVE COUNCIL
278278 OF
279279 A N A C T
280280 RELATING TO TAXATION -- PERSONAL INCOME TAX
281281 ***
282282 This act would allow a modification to federal adjusted gross income for all social security 1
283283 income for tax years beginning on or after January 1, 2024. 2
284284 This act would take effect upon passage. 3
285285 ========
286286 LC000136
287287 ========