Rhode Island 2023 Regular Session

Rhode Island House Bill H6107 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44
55 2023 -- H 6107
66 ========
77 LC002051
88 ========
99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- RESIDENTIAL RENEWABLE ENERGY SYS TEM TAX
1616 CREDIT
1717 Introduced By: Representatives Cotter, Casimiro, Carson, Donovan, Boylan, Cruz,
1818 Speakman, Kazarian, Spears, and Stewart
1919 Date Introduced: March 03, 2023
2020 Referred To: House Finance
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 44-57-5 of the General Laws in Chapter 44-57 entitled "Residential 1
2525 Renewable Energy System Tax Credit" is hereby amended to read as follows: 2
2626 44-57-5. Computation of tax credit. 3
2727 (a) The tax credit on each system as provided for in this chapter shall be determined as 4
2828 follows: 5
2929 (1) Photovoltaic systems: 6
3030 (i)(A) Photovoltaic systems shall have a minimum module size of twenty-four (24) square 7
3131 feet; and 8
3232 (B) Be connected to a battery storage system or be grid interconnected; 9
3333 (ii) Qualifying systems shall receive a tax credit of: 10
3434 (A) Twenty-five percent (25%) of the cost of the system. 11
3535 (iii) The maximum cost of the system shall not exceed fifteen thousand dollars ($15,000); 12
3636 provided, systems costing more than fifteen thousand dollars ($15,000) will receive a tax credit 13
3737 based on a fifteen thousand dollar ($15,000) system cost. 14
3838 (2) Solar domestic hot water systems: 15
3939 (i)(A) Solar domestic hot water systems shall have a minimum collector area of thirty-four 16
4040 (34) square feet; and 17
4141 (B) A solar storage tank that is at least eighty (80) gallons. 18
4242
4343
4444 LC002051 - Page 2 of 11
4545 (ii) Qualifying systems shall receive a tax credit of: 1
4646 (A) Twenty-five percent (25%) of the cost of the system. 2
4747 (iii) The maximum cost of the system shall not exceed seven thousand dollars ($7,000); 3
4848 provided, systems costing more than seven thousand dollars ($7,000) will receive a tax credit based 4
4949 on a seven thousand dollar ($7,000) system cost. 5
5050 (3) Active solar heating systems: 6
5151 (i)(A) Active solar space heating systems shall have a minimum collector area of one 7
5252 hundred twenty-five (125) square feet; and 8
5353 (B) A system for storing and/or distributing the heat to the living area of the house. 9
5454 (ii) Qualifying systems shall receive a tax credit of: 10
5555 (A) Twenty-five percent (25%) of the cost of the system. 11
5656 (iii) The maximum cost of the system shall not exceed fifteen thousand dollars ($15,000); 12
5757 provided, systems costing more than fifteen thousand dollars ($15,000) will receive a tax credit 13
5858 based on a fifteen thousand dollar ($15,000) system cost. 14
5959 (4) Wind energy systems: 15
6060 (i)(A) Wind energy systems must have a rotor diameter of at least forty-four inches (44″); 16
6161 and 17
6262 (B) Have a minimum factory rated output of at least two hundred fifty (250) watts at 18
6363 twenty-eight (28) mph. 19
6464 (ii) Qualifying systems shall receive a tax credit of: 20
6565 (A) Twenty-five percent (25%) of the cost of the system. 21
6666 (iii) The maximum cost of the system shall not exceed fifteen thousand dollars ($15,000); 22
6767 provided, systems costing more than fifteen thousand dollars ($15,000) will receive a tax credit 23
6868 based on a fifteen thousand dollar ($15,000) system cost. 24
6969 (5) Geothermal systems: 25
7070 (i) Geothermal systems must have either a coefficient of performance of 3.4 or greater or 26
7171 an efficiency ratio of sixteen (16) or greater. All geothermal systems must have a commissioning 27
7272 sign-off by the manufacturer or distributor of the equipment to verify the proper installation and 28
7373 performance of the system. All geothermal systems must meet the following standards: 29
7474 (A) ARI/ASHRAE/ISO-13256-1 for water to air geothermal systems; 30
7575 (B) ARI/ASHRAE/ISO-13256-2 for water to water geothermal systems; 31
7676 (C) ARI/ASHRAE/ISO-13256 GWHP for groundwater heat pumps; 32
7777 (D) ARI/ASHRAE/ISO-13256 GLHP for closed loop heat pumps; 33
7878 (ii) Qualifying systems shall receive a tax credit of: 34
7979
8080
8181 LC002051 - Page 3 of 11
8282 (A) Twenty-five percent (25%) of the cost of the system. 1
8383 (iii) The maximum cost of the system shall not exceed seven thousand dollars ($7,000). 2
8484 Provided, systems costing more than seven thousand dollars ($7,000) will receive a tax credit based 3
8585 on a seven thousand dollar ($7,000) system cost. 4
8686 (b) For purposes of the tax credit, the cost of the renewable energy system shall be the net 5
8787 cost of acquiring the system, and shall not include: 6
8888 (1) Unpaid labor including the applicant’s labor; 7
8989 (2) Operating and maintenance costs; 8
9090 (3) Land costs; 9
9191 (4) Legal and court costs; 10
9292 (5) Patent search fees; 11
9393 (6) Fees for variances; 12
9494 (7) Loan interest; 13
9595 (8) Service contracts; 14
9696 (9) Cost of moving a used renewable energy system from one site to another; 15
9797 (10) Cost of repair or resale of a system; 16
9898 (11) Any part of the purchase price that is optional, such as an extended warranty or an 17
9999 upgraded monitoring system; and 18
100100 (12) Delivery fees; and 19
101101 (c) At the election of the taxpayer, any credit generated, pursuant to this section, can be 20
102102 donated and transferred to a nonprofit entity organized to assist low-income residents with the 21
103103 payment of electricity and related costs. 22
104104 (d) The division of taxation shall promulgate rules and regulations to implement and 23
105105 enforce the provisions of subsection (c) of this section. 24
106106 SECTION 2. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal 25
107107 Income Tax" is hereby amended to read as follows: 26
108108 44-30-12. Rhode Island income of a resident individual. 27
109109 (a) General. The Rhode Island income of a resident individual means his or her adjusted 28
110110 gross income for federal income tax purposes, with the modifications specified in this section. 29
111111 (b) Modifications increasing federal adjusted gross income. There shall be added to 30
112112 federal adjusted gross income: 31
113113 (1) Interest income on obligations of any state, or its political subdivisions, other than 32
114114 Rhode Island or its political subdivisions; 33
115115 (2) Interest or dividend income on obligations or securities of any authority, commission, 34
116116
117117
118118 LC002051 - Page 4 of 11
119119 or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the 1
120120 extent exempted by the laws of the United States from federal income tax but not from state income 2
121121 taxes; 3
122122 (3) The modification described in § 44-30-25(g); 4
123123 (4)(i) The amount defined below of a nonqualified withdrawal made from an account in 5
124124 the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified 6
125125 withdrawal is: 7
126126 (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal 8
127127 Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-9
128128 6.1; and 10
129129 (B) A withdrawal or distribution that is: 11
130130 (I) Not applied on a timely basis to pay “qualified higher education expenses” as defined 12
131131 in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made; 13
132132 (II) Not made for a reason referred to in § 16-57-6.1(e); or 14
133133 (III) Not made in other circumstances for which an exclusion from tax made applicable by 15
134134 Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover, 16
135135 withdrawal, or distribution is made within two (2) taxable years following the taxable year for 17
136136 which a contributions modification pursuant to subsection (c)(4) of this section is taken based on 18
137137 contributions to any tuition savings program account by the person who is the participant of the 19
138138 account at the time of the contribution, whether or not the person is the participant of the account 20
139139 at the time of the transfer, rollover, withdrawal or distribution; 21
140140 (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B) 22
141141 of this section, there shall be added to the federal adjusted gross income of that person for the 23
142142 taxable year of the withdrawal an amount equal to the lesser of: 24
143143 (A) The amount equal to the nonqualified withdrawal reduced by the sum of any 25
144144 administrative fee or penalty imposed under the tuition savings program in connection with the 26
145145 nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the 27
146146 person’s federal adjusted gross income for the taxable year; and 28
147147 (B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of 29
148148 this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less 30
149149 the amount of any nonqualified withdrawal for the two (2) prior taxable years included in 31
150150 computing the person’s Rhode Island income by application of this subsection for those years. Any 32
151151 amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode 33
152152 Island income for residents, nonresidents and part-year residents; 34
153153
154154
155155 LC002051 - Page 5 of 11
156156 (5) The modification described in § 44-30-25.1(d)(3)(i); 1
157157 (6) The amount equal to any unemployment compensation received but not included in 2
158158 federal adjusted gross income; 3
159159 (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a 4
160160 qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and 5
161161 (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck 6
162162 Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus 7
163163 Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or 8
164164 any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount 9
165165 of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount 10
166166 of a pass-through entity’s loan forgiveness in excess of $250,000. 11
167167 (c) Modifications reducing federal adjusted gross income. There shall be subtracted 12
168168 from federal adjusted gross income: 13
169169 (1) Any interest income on obligations of the United States and its possessions to the extent 14
170170 includible in gross income for federal income tax purposes, and any interest or dividend income on 15
171171 obligations, or securities of any authority, commission, or instrumentality of the United States to 16
172172 the extent includible in gross income for federal income tax purposes but exempt from state income 17
173173 taxes under the laws of the United States; provided, that the amount to be subtracted shall in any 18
174174 case be reduced by any interest on indebtedness incurred or continued to purchase or carry 19
175175 obligations or securities the income of which is exempt from Rhode Island personal income tax, to 20
176176 the extent the interest has been deducted in determining federal adjusted gross income or taxable 21
177177 income; 22
178178 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1); 23
179179 (3) The amount of any withdrawal or distribution from the “tuition savings program” 24
180180 referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal 25
181181 or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal; 26
182182 (4) Contributions made to an account under the tuition savings program, including the 27
183183 “contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the 28
184184 following limitations, restrictions and qualifications: 29
185185 (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the 30
186186 taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint 31
187187 return; 32
188188 (ii) The following shall not be considered contributions: 33
189189 (A) Contributions made by any person to an account who is not a participant of the account 34
190190
191191
192192 LC002051 - Page 6 of 11
193193 at the time the contribution is made; 1
194194 (B) Transfers or rollovers to an account from any other tuition savings program account or 2
195195 from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26 3
196196 U.S.C. § 529; or 4
197197 (C) A change of the beneficiary of the account; 5
198198 (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal 6
199199 adjusted gross income to less than zero (0); 7
200200 (iv) The contributions carryover to a taxable year for purpose of this subdivision is the 8
201201 excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition 9
202202 savings program for all preceding taxable years for which this subsection is effective over the sum 10
203203 of: 11
204204 (A) The total of the subtractions under this subdivision allowable to the taxpayer for all 12
205205 such preceding taxable years; and 13
206206 (B) That part of any remaining contribution carryover at the end of the taxable year which 14
207207 exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable 15
208208 years not included in the addition provided for in this subdivision for those years. Any such part 16
209209 shall be disregarded in computing the contributions carryover for any subsequent taxable year; 17
210210 (v) For any taxable year for which a contributions carryover is applicable, the taxpayer 18
211211 shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax 19
212212 return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a 20
213213 joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a 21
214214 subsequent taxable year, the computation shall reflect how the carryover is being allocated between 22
215215 the prior joint filers; 23
216216 (5) The modification described in § 44-30-25.1(d)(1); 24
217217 (6) Amounts deemed taxable income to the taxpayer due to payment or provision of 25
218218 insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or 26
219219 other coverage plan; 27
220220 (7) Modification for organ transplantation. 28
221221 (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted 29
222222 gross income if he or she, while living, donates one or more of his or her human organs to another 30
223223 human being for human organ transplantation, except that for purposes of this subsection, “human 31
224224 organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract 32
225225 modification that is claimed hereunder may be claimed in the taxable year in which the human 33
226226 organ transplantation occurs. 34
227227
228228
229229 LC002051 - Page 7 of 11
230230 (ii) An individual may claim that subtract modification hereunder only once, and the 1
231231 subtract modification may be claimed for only the following unreimbursed expenses that are 2
232232 incurred by the claimant and related to the claimant’s organ donation: 3
233233 (A) Travel expenses. 4
234234 (B) Lodging expenses. 5
235235 (C) Lost wages. 6
236236 (iii) The subtract modification hereunder may not be claimed by a part-time resident or a 7
237237 nonresident of this state; 8
238238 (8) Modification for taxable Social Security income. 9
239239 (i) For tax years beginning on or after January 1, 2016: 10
240240 (A) For a person who has attained the age used for calculating full or unreduced Social 11
241241 Security retirement benefits who files a return as an unmarried individual, head of household, or 12
242242 married filing separate whose federal adjusted gross income for the taxable year is less than eighty 13
243243 thousand dollars ($80,000); or 14
244244 (B) A married individual filing jointly or individual filing qualifying widow(er) who has 15
245245 attained the age used for calculating full or unreduced Social Security retirement benefits whose 16
246246 joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars 17
247247 ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross 18
248248 income. 19
249249 (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and 20
250250 (c)(8)(i)(B) of this section shall be increased annually by an amount equal to: 21
251251 (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section 22
252252 adjusted for inflation using a base tax year of 2000, multiplied by; 23
253253 (B) The cost-of-living adjustment with a base year of 2000. 24
254254 (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is 25
255255 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 26
256256 the consumer price index for the base year. The consumer price index for any calendar year is the 27
257257 average of the consumer price index as of the close of the twelve-month (12) period ending on 28
258258 August 31, of such calendar year. 29
259259 (iv) For the purpose of this section the term “consumer price index” means the last 30
260260 consumer price index for all urban consumers published by the department of labor. For the purpose 31
261261 of this section the revision of the consumer price index which is most consistent with the consumer 32
262262 price index for calendar year 1986 shall be used. 33
263263 (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 34
264264
265265
266266 LC002051 - Page 8 of 11
267267 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 1
268268 married individual filing separate return, if any increase determined under this section is not a 2
269269 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 3
270270 of twenty-five dollars ($25.00); 4
271271 (9) Modification of taxable retirement income from certain pension plans or 5
272272 annuities. 6
273273 (i) For tax years beginning on or after January 1, 2017, until the tax year beginning January 7
274274 1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax 8
275275 years beginning on or after January 1, 2023, a modification shall be allowed for up to twenty 9
276276 thousand dollars ($20,000), of taxable pension and/or annuity income that is included in federal 10
277277 adjusted gross income for the taxable year: 11
278278 (A) For a person who has attained the age used for calculating full or unreduced Social 12
279279 Security retirement benefits who files a return as an unmarried individual, head of household, or 13
280280 married filing separate whose federal adjusted gross income for such taxable year is less than the 14
281281 amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not 15
282282 to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning 16
283283 January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years 17
284284 beginning on or after January 1, 2023, of taxable pension and/or annuity income includible in 18
285285 federal adjusted gross income; or 19
286286 (B) For a married individual filing jointly or individual filing qualifying widow(er) who 20
287287 has attained the age used for calculating full or unreduced Social Security retirement benefits whose 21
288288 joint federal adjusted gross income for such taxable year is less than the amount used for the 22
289289 modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000 23
290290 for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022, 24
291291 and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after 25
292292 January 1, 2023, of taxable pension and/or annuity income includible in federal adjusted gross 26
293293 income. 27
294294 (ii) Adjustment for inflation. The dollar amount contained by reference in subsections 28
295295 (c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on 29
296296 or after January 1, 2018, by an amount equal to: 30
297297 (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B) 31
298298 of this section adjusted for inflation using a base tax year of 2000, multiplied by; 32
299299 (B) The cost-of-living adjustment with a base year of 2000. 33
300300 (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is 34
301301
302302
303303 LC002051 - Page 9 of 11
304304 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 1
305305 the consumer price index for the base year. The consumer price index for any calendar year is the 2
306306 average of the consumer price index as of the close of the twelve-month (12) period ending on 3
307307 August 31, of such calendar year. 4
308308 (iv) For the purpose of this section, the term “consumer price index” means the last 5
309309 consumer price index for all urban consumers published by the department of labor. For the purpose 6
310310 of this section, the revision of the consumer price index which is most consistent with the consumer 7
311311 price index for calendar year 1986 shall be used. 8
312312 (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 9
313313 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 10
314314 married individual filing a separate return, if any increase determined under this section is not a 11
315315 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 12
316316 of twenty-five dollars ($25.00). 13
317317 (vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by 14
318318 reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in 15
319319 subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in 16
320320 subsection(c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection 17
321321 (c)(8)(i)(B), as adjusted for inflation; 18
322322 (10) Modification for Rhode Island investment in opportunity zones. For purposes of 19
323323 a taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by 20
324324 the taxpayer for at least seven (7) years, a modification to income shall be allowed for the 21
325325 incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and 22
326326 the federal benefit allowed under 26 U.S.C. § 1400Z-2(c); 23
327327 (11) Modification for military service pensions. 24
328328 (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed 25
329329 as follows: 26
330330 (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal 27
331331 adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted 28
332332 gross income; 29
333333 (ii) As used in this subsection, the term “military service” shall have the same meaning as 30
334334 set forth in 20 C.F.R. § 212.2; 31
335335 (iii) At no time shall the modification allowed under this subsection alone or in conjunction 32
336336 with subsection (c)(9) exceed the amount of the military service pension received in the tax year 33
337337 for which the modification is claimed; and 34
338338
339339
340340 LC002051 - Page 10 of 11
341341 (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in 1
342342 gross income for federal tax purposes. 2
343343 (13) Modification for donated residential renewable energy system tax credit. There shall 3
344344 be subtracted from federal adjusted gross income any residential renewable energy system tax 4
345345 credits transferred to a nonprofit entity organized to assist low-income residents with the payment 5
346346 of electricity and related costs. 6
347347 (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or 7
348348 subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as 8
349349 beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-9
350350 30-17. 10
351351 (e) Partners. The amounts of modifications required to be made under this section by a 11
352352 partner, which relate to items of income or deduction of a partnership, shall be determined under § 12
353353 44-30-15. 13
354354 SECTION 3. This act shall take effect upon passage. 14
355355 ========
356356 LC002051
357357 ========
358358
359359
360360 LC002051 - Page 11 of 11
361361 EXPLANATION
362362 BY THE LEGISLATIVE COUNCIL
363363 OF
364364 A N A C T
365365 RELATING TO TAXATION -- RESIDENTIAL RENEWABL E ENERGY SYSTEM TAX
366366 CREDIT
367367 ***
368368 This act would allow a taxpayer to donate residential renewable energy system tax credits 1
369369 to nonprofit organizations and subtract the corresponding amount of credits from federal adjusted 2
370370 gross income. 3
371371 This act would take effect upon passage. 4
372372 ========
373373 LC002051
374374 ========