Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0091 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0091
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7	7	LC001109
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO TAXATION -- PROPERTY TAX RELIEF
16	16	Introduced By: Senators Felag, Raptakis, Gallo, Ciccone, DiPalma, and F. Lombardi
17	17	Date Introduced: February 01, 2023
18	18	Referred To: Senate Finance
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 44-33-3 of the General Laws in Chapter 44-33 entitled "Property Tax 1
23	23	Relief" is hereby amended to read as follows: 2
24	24	44-33-3. Definitions. 3
25	25	As used in this chapter: 4
26	26	(1) “Claimant” means a homeowner or renter, sixty-five (65) years of age or older, and/or 5
27	27	disabled, who has filed a claim under this chapter and was domiciled in this state for the entire 6
28	28	calendar year for which he or she files a claim for relief under this chapter. In the case of claim for 7
29	29	rent constituting property taxes accrued, the claimant shall have rented property during the 8
30	30	preceding year for which he or she files for relief under this chapter. Claimant shall not mean or 9
31	31	include any person claimed as a dependent by any taxpayer under the Internal Revenue Code of the 10
32	32	United States, 26 U.S.C. § 1 et seq. When two (2) individuals of a household are able to meet the 11
33	33	qualifications for a claimant, they may determine between themselves as to who the claimant is. If 12
34	34	they are unable to agree, the matter is referred to the tax administrator and his or her decision is 13
35	35	final. If a homestead is occupied by two (2) or more individuals, and more than one individual is 14
36	36	able to qualify as a claimant, and some or all of the qualified individuals are not related, the 15
37	37	individuals may determine among themselves as to who the claimant is. If they are unable to agree, 16
38	38	the matter is referred to the tax administrator, and his or her decision is final. 17
39	39	(2) “Disabled” means those persons who are receiving a social security disability benefit 18
40	40	or veterans' affairs benefits paid for by the federal government. More specifically, this exemption 19
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44	44	shall include persons who have been declared disabled as they are unable to work due to a condition 1
45	45	such as a mental health condition, health aliment, or physical condition, or a combination thereof. 2
46	46	A person seeking to claim this exemption for property tax relief shall provide proof that the person 3
47	47	is receiving disability payments from either social security (e.g., SS-1099) or veterans' disability 4
48	48	compensation (e.g., VA Letter of Benefits). This proof shall be in addition to other materials and 5
49	49	information required pursuant to §44-33-11. This unearned income shall not exceed the set income 6
50	50	cap allowed. 7
51	51	(3) “Gross rent” means rental paid in cash or its equivalent solely for the right of occupancy 8
52	52	of a homestead, exclusive of charges for any utilities, services, furniture, furnishings, or personal 9
53	53	property appliances furnished by the landlord as a part of the rental agreement. If the landlord and 10
54	54	tenant have not dealt with each other at arm’s length, and the tax administrator is satisfied that the 11
55	55	gross rent charged was excessive, he or she may adjust the gross rent to a reasonable amount for 12
56	56	purposes of this chapter. “Gross rent” includes the rental of space paid to a landlord for parking of 13
57	57	a mobile home, or docking or mooring a houseboat, exclusive of any charges for utilities, services, 14
58	58	furniture, furnishings, or personal appliances furnished by the landlord as a part of the rental. 15
59	59	Twenty percent (20%) of the annual gross rental plus the space rental fees paid during the year are 16
60	60	the annual “property taxes accrued.” 17
61	61	(4) “Homestead” means the dwelling, whether owned or rented, and so much of the land 18
62	62	surrounding it, not exceeding one acre, as is reasonably necessary for use of the dwelling as a home, 19
63	63	and may consist of a part of the multi-dwelling or multi-purpose building and a part of the land 20
64	64	upon which it is built (“owned” includes a vendee in possession under a land contract and one or 21
65	65	more joint tenants or tenants in common). It does not include personal property such as furniture, 22
66	66	furnishings, or appliances, but a mobile home or a houseboat may be a homestead. 23
67	67	(5) “Household” means one or more persons occupying a dwelling unit and living as a 24
68	68	single nonprofit housekeeping unit. “Household” shall not include bona fide lessees, tenants, or 25
69	69	roomers, and boarders on contract. 26
70	70	(6) “Household income” means all income received by all persons of a household in a 27
71	71	calendar year while members of the household. 28
72	72	(7) “Income” means the sum of federal adjusted gross income as defined in the Internal 29
73	73	Revenue Code of the United States, 26 U.S.C. § 1 et seq., and all non-taxable income including, 30
74	74	but not limited to, the amount of capital gains excluded from adjusted gross income, alimony, 31
75	75	support money, non-taxable strike benefits, cash public assistance and relief (not including relief 32
76	76	granted under this chapter), the gross amount of any pension or annuity (including Railroad 33
77	77	Retirement Act (see 45 U.S.C. § 231 et seq.) benefits, all payments received under the federal 34
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81	81	Social Security Act, 42 U.S.C. § 301 et seq., state unemployment insurance laws, and veterans’ 1
82	82	disability pensions (see 38 U.S.C. § 301 et seq.), non-taxable interest received from the federal 2
83	83	government or any of its instrumentalities, workers’ compensation, and the gross amount of “loss 3
84	84	of time” insurance. It shall not include gifts from nongovernmental sources, or surplus foods or 4
85	85	other relief in kind supplied by a public or private agency. For the purpose of this chapter, the 5
86	86	calculation of “income” shall not include any deductions for rental losses, business losses, capital 6
87	87	losses, exclusion for foreign income, and any losses received from pass-through entities. 7
88	88	(8) “Property taxes accrued” means property taxes (exclusive of special assessments, 8
89	89	delinquent interest, and charges for service) levied on a claimant’s homestead in this state in 1977 9
90	90	or any calendar year thereafter. If a homestead is owned by two (2) or more persons or entities as 10
91	91	joint tenants or tenants in common, and one or more persons or entities are not a member of 11
92	92	claimant’s household, “property taxes accrued” is that part of property taxes levied on the 12
93	93	homestead which reflects the ownership percentage of the claimant and his or her household. For 13
94	94	purposes of this subdivision, property taxes are “levied” when the tax roll is certified by the city or 14
95	95	town assessor. When a homestead is sold during the calendar year of the levy, the “property taxes 15
96	96	accrued” for the seller and buyer is the amount of the tax levy prorated to each in the closing 16
97	97	agreement pertaining to the sale of the homestead or, if not provided for in the closing agreement, 17
98	98	the tax levy is prorated between seller and buyer based upon the delivery date of the deed of 18
99	99	conveyance. When a household owns and occupies two (2) or more homesteads in the same 19
100	100	calendar year, “property taxes accrued” is the sum of the prorated taxes attributable to the household 20
101	101	for each of the homesteads. If the household owns and occupies the homestead for the part of the 21
102	102	calendar year and rents a household for part of the calendar year, it may include both the proration 22
103	103	of taxes on the homestead owned and “rent constituting property taxes accrued” with respect to the 23
104	104	months the homestead is rented, in computing the amount of the claim. All prorations are made on 24
105	105	the basis of the gross tax levy after all exemptions. If a homestead is an integral part of a larger unit 25
106	106	such as a farm, or a multi-purpose or multi-dwelling building, property taxes accrued is that 26
107	107	percentage of the total property taxes accrued as the value of the homestead is of the total value. 27
108	108	For the purposes of this subdivision, “unit” refers to the parcel of property covered by a single tax 28
109	109	statement of which the homestead is a part. 29
110	110	(9) “Rent constituting property taxes accrued” means twenty percent (20%) of the gross 30
111	111	rent actually paid in cash or its equivalent in any calendar year by a claimant and his or her 31
112	112	household solely for the right of occupancy of their Rhode Island homestead in the calendar year, 32
113	113	and which rent constitutes the basis, in the succeeding calendar year, of a claim for relief under this 33
114	114	chapter by the claimant, but shall not include any part of the rent paid for occupancy of premises 34
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118	118	which are legally exempt from the payment of property taxes. 1
119	119	SECTION 2. This act shall take effect upon passage. 2
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126	126	EXPLANATION
127	127	BY THE LEGISLATIVE COUNCIL
128	128	OF
129	129	A N A C T
130	130	RELATING TO TAXATION -- PROPERTY TAX RELIEF
131	131	***
132	132	This act would clarify the definition of the term "disabled" for purposes of obtaining 1
133	133	property tax relief. This act would further require that a person seeking to claim property tax relief 2
134	134	for a disability would need to file proof that the person is receiving disability payments from either 3
135	135	social security (SS-1099) or veterans' disability compensation (VA Letter of Benefits). 4
136	136	This act would take effect upon passage. 5
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