Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0557 Compare Versions

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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 -- SALES AND USE TAXES -- LIABILITY AND
1616 COMPUTATION
1717 Introduced By: Senators Lawson, McKenney, Euer, Lauria, DiMario, Acosta, Britto,
1818 Cano, and Mack
1919 Date Introduced: March 07, 2023
2020 Referred To: Senate Finance
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and 1
2525 Use Taxes — Liability and Computation" is hereby amended to read as follows: 2
2626 44-18-30. Gross receipts exempt from sales and use taxes. 3
2727 There are exempted from the taxes imposed by this chapter the following gross receipts: 4
2828 (1) Sales and uses beyond constitutional power of state. From the sale and from the storage, 5
2929 use, or other consumption in this state of tangible personal property the gross receipts from the sale 6
3030 of which, or the storage, use, or other consumption of which, this state is prohibited from taxing 7
3131 under the Constitution of the United States or under the constitution of this state. 8
3232 (2) Newspapers. 9
3333 (i) From the sale and from the storage, use, or other consumption in this state of any 10
3434 newspaper. 11
3535 (ii) “Newspaper” means an unbound publication printed on newsprint that contains news, 12
3636 editorial comment, opinions, features, advertising matter, and other matters of public interest. 13
3737 (iii) “Newspaper” does not include a magazine, handbill, circular, flyer, sales catalog, or 14
3838 similar item unless the item is printed for, and distributed as, a part of a newspaper. 15
3939 (3) School meals. From the sale and from the storage, use, or other consumption in this 16
4040 state of meals served by public, private, or parochial schools, school districts, colleges, universities, 17
4141 student organizations, and parent-teacher associations to the students or teachers of a school, 18
4242
4343
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4545 college, or university whether the meals are served by the educational institutions or by a food 1
4646 service or management entity under contract to the educational institutions. 2
4747 (4) Containers. 3
4848 (i) From the sale and from the storage, use, or other consumption in this state of: 4
4949 (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that 5
5050 are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, 6
5151 when sold without the contents to persons who place the contents in the container and sell the 7
5252 contents with the container. 8
5353 (B) Containers when sold with the contents if the sale price of the contents is not required 9
5454 to be included in the measure of the taxes imposed by this chapter. 10
5555 (C) Returnable containers when sold with the contents in connection with a retail sale of 11
5656 the contents or when resold for refilling. 12
5757 (D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage 13
5858 producers who place the alcoholic beverages in the containers. 14
5959 (ii) As used in this subdivision, the term “returnable containers” means containers of a kind 15
6060 customarily returned by the buyer of the contents for reuse. All other containers are “non-returnable 16
6161 containers.” 17
6262 (5)(i) Charitable, educational, and religious organizations. From the sale to, as in defined 18
6363 in this section, and from the storage, use, and other consumption in this state, or any other state of 19
6464 the United States of America, of tangible personal property by hospitals not operated for a profit; 20
6565 “educational institutions” as defined in subdivision (18) not operated for a profit; churches, 21
6666 orphanages, and other institutions or organizations operated exclusively for religious or charitable 22
6767 purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting 23
6868 leagues and associations and bands for boys and girls under the age of nineteen (19) years; the 24
6969 following vocational student organizations that are state chapters of national vocational student 25
7070 organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of 26
7171 America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers 27
7272 of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of 28
7373 America (VICA); organized nonprofit golden age and senior citizens clubs for men and women; 29
7474 and parent-teacher associations; and from the sale, storage, use, and other consumption in this state, 30
7575 of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation. 31
7676 (ii) In the case of contracts entered into with the federal government, its agencies, or 32
7777 instrumentalities, this state, or any other state of the United States of America, its agencies, any 33
7878 city, town, district, or other political subdivision of the states; hospitals not operated for profit; 34
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8282 educational institutions not operated for profit; churches, orphanages, and other institutions or 1
8383 organizations operated exclusively for religious or charitable purposes, the contractor may purchase 2
8484 such materials and supplies (materials and/or supplies are defined as those that are essential to the 3
8585 project) that are to be utilized in the construction of the projects being performed under the contracts 4
8686 without payment of the tax. 5
8787 (iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, 6
8888 or organization but shall in that instance provide his or her suppliers with certificates in the form 7
8989 as determined by the division of taxation showing the reason for exemption and the contractor’s 8
9090 records must substantiate the claim for exemption by showing the disposition of all property so 9
9191 purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax 10
9292 on the property used. 11
9393 (6) Gasoline. From the sale and from the storage, use, or other consumption in this state 12
9494 of: (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the 13
9595 propulsion of airplanes. 14
9696 (7) Purchase for manufacturing purposes. 15
9797 (i) From the sale and from the storage, use, or other consumption in this state of computer 16
9898 software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and 17
9999 water, when the property or service is purchased for the purpose of being manufactured into a 18
100100 finished product for resale and becomes an ingredient, component, or integral part of the 19
101101 manufactured, compounded, processed, assembled, or prepared product, or if the property or 20
102102 service is consumed in the process of manufacturing for resale computer software, tangible personal 21
103103 property, electricity, natural gas, artificial gas, steam, refrigeration, or water. 22
104104 (ii) “Consumed” means destroyed, used up, or worn out to the degree or extent that the 23
105105 property cannot be repaired, reconditioned, or rendered fit for further manufacturing use. 24
106106 (iii) “Consumed” includes mere obsolescence. 25
107107 (iv) “Manufacturing” means and includes: manufacturing, compounding, processing, 26
108108 assembling, preparing, or producing. 27
109109 (v) “Process of manufacturing” means and includes all production operations performed in 28
110110 the producing or processing room, shop, or plant, insofar as the operations are a part of and 29
111111 connected with the manufacturing for resale of tangible personal property, electricity, natural gas, 30
112112 artificial gas, steam, refrigeration, or water and all production operations performed insofar as the 31
113113 operations are a part of and connected with the manufacturing for resale of computer software. 32
114114 (vi) “Process of manufacturing” does not mean or include administration operations such 33
115115 as general office operations, accounting, collection, or sales promotion, nor does it mean or include 34
116116
117117
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119119 distribution operations that occur subsequent to production operations, such as handling, storing, 1
120120 selling, and transporting the manufactured products, even though the administration and 2
121121 distribution operations are performed by, or in connection with, a manufacturing business. 3
122122 (8) State and political subdivisions. From the sale to, and from the storage, use, or other 4
123123 consumption by, this state, any city, town, district, or other political subdivision of this state. Every 5
124124 redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of 6
125125 the municipality where it is located. 7
126126 (9) Food and food ingredients. From the sale and storage, use, or other consumption in this 8
127127 state of food and food ingredients as defined in § 44-18-7.1(l). 9
128128 For the purposes of this exemption “food and food ingredients” shall not include candy, 10
129129 soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending 11
130130 machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is: 12
131131 (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311, 13
132132 except sub-sector 3118 (bakeries); 14
133133 (ii) Sold in an unheated state by weight or volume as a single item; 15
134134 (iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries, 16
135135 donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and 17
136136 is not sold with utensils provided by the seller, including: plates, knives, forks, spoons, 18
137137 glasses, cups, napkins, or straws. 19
138138 (10) Medicines, drugs, and durable medical equipment. From the sale and from the storage, 20
139139 use, or other consumption in this state, of: 21
140140 (i) “Drugs” as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and 22
141141 insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include 23
142142 over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii). 24
143143 (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including, 25
144144 but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent 26
145145 chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug 27
146146 delivery pumps that are sold on prescription to individuals to be used by them to dispense or 28
147147 administer prescription drugs, and related ancillary dressings and supplies used to dispense or 29
148148 administer prescription drugs, shall also be exempt from tax. 30
149149 (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the 31
150150 storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t), 32
151151 sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses, 33
152152 and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription; 34
153153
154154
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156156 and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches, 1
157157 and canes. 2
158158 (12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the 3
159159 storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners, 4
160160 urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial 5
161161 garments that are ordinarily sold by a funeral director as part of the business of funeral directing. 6
162162 (13) Motor vehicles sold to nonresidents. 7
163163 (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident 8
164164 of this state who does not register the motor vehicle in this state, whether the sale or delivery of the 9
165165 motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle 10
166166 sold to a bona fide nonresident whose state of residence does not allow a like exemption to its 11
167167 nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide 12
168168 nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed 13
169169 in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-14
170170 20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and 15
171171 collect the tax required under this subdivision and remit the tax to the tax administrator under the 16
172172 provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer 17
173173 is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide 18
174174 nonresident as provided in this section, the dealer in computing the tax takes into consideration the 19
175175 law of the state of the nonresident as it relates to the trade-in of motor vehicles. 20
176176 (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may 21
177177 require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the 22
178178 tax administrator deems reasonably necessary to substantiate the exemption provided in this 23
179179 subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the 24
180180 motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle 25
181181 registration or a valid out-of-state driver’s license. 26
182182 (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of 27
183183 the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or 28
184184 other consumption in this state, and is subject to, and liable for, the use tax imposed under the 29
185185 provisions of § 44-18-20. 30
186186 (14) Sales in public buildings by blind people. From the sale and from the storage, use, or 31
187187 other consumption in all public buildings in this state of all products or wares by any person 32
188188 licensed under § 40-9-11.1. 33
189189 (15) Air and water pollution control facilities. From the sale, storage, use, or other 34
190190
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193193 consumption in this state of tangible personal property or supplies acquired for incorporation into 1
194194 or used and consumed in the operation of a facility, the primary purpose of which is to aid in the 2
195195 control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 3
196196 of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that 4
197197 purpose by the director of environmental management. The director of environmental management 5
198198 may certify to a portion of the tangible personal property or supplies acquired for incorporation 6
199199 into those facilities or used and consumed in the operation of those facilities to the extent that that 7
200200 portion has as its primary purpose the control of the pollution or contamination of the waters or air 8
201201 of this state. As used in this subdivision, “facility” means any land, facility, device, building, 9
202202 machinery, or equipment. 10
203203 (16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping 11
204204 accommodations at camps or retreat houses operated by religious, charitable, educational, or other 12
205205 organizations and associations mentioned in subsection (5), or by privately owned and operated 13
206206 summer camps for children. 14
207207 (17) Certain institutions. From the rental charged for living or sleeping quarters in an 15
208208 institution licensed by the state for the hospitalization, custodial, or nursing care of human beings. 16
209209 (18) Educational institutions. From the rental charged by any educational institution for 17
210210 living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations 18
211211 to any student or teacher necessitated by attendance at an educational institution. “Educational 19
212212 institution” as used in this section means an institution of learning not operated for profit that is 20
213213 empowered to confer diplomas, educational, literary, or academic degrees; that has a regular 21
214214 faculty, curriculum, and organized body of pupils or students in attendance throughout the usual 22
215215 school year; that keeps and furnishes to students and others records required and accepted for 23
216216 entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of 24
217217 which inures to the benefit of any individual. 25
218218 (19) Motor vehicle and adaptive equipment for persons with disabilities. 26
219219 (i) From the sale of: (A) Special adaptations; (B) The component parts of the special 27
220220 adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax 28
221221 administrator an affidavit of a licensed physician to the effect that the specially adapted motor 29
222222 vehicle is necessary to transport a family member with a disability or where the vehicle has been 30
223223 specially adapted to meet the specific needs of the person with a disability. This exemption applies 31
224224 to not more than one motor vehicle owned and registered for personal, noncommercial use. 32
225225 (ii) For the purpose of this subsection the term “special adaptations” includes, but is not 33
226226 limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand 34
227227
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230230 controls, steering devices, extensions, relocations, and crossovers of operator controls, power-1
231231 assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices 2
232232 to auditory signals. 3
233233 (iii) From the sale of: (a) Special adaptations, (b) The component parts of the special 4
234234 adaptations, for a “wheelchair accessible taxicab” as defined in § 39-14-1, and/or a “wheelchair 5
235235 accessible public motor vehicle” as defined in § 39-14.1-1. 6
236236 (iv) For the purpose of this subdivision the exemption for a “specially adapted motor 7
237237 vehicle” means a use tax credit not to exceed the amount of use tax that would otherwise be due on 8
238238 the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special 9
239239 adaptations, including installation. 10
240240 (20) Heating fuels. From the sale and from the storage, use, or other consumption in this 11
241241 state of every type of heating fuel. 12
242242 (21) Electricity and gas. From the sale and from the storage, use, or other consumption in 13
243243 this state of electricity and gas. 14
244244 (22) Manufacturing machinery and equipment. 15
245245 (i) From the sale and from the storage, use, or other consumption in this state of tools, dies, 16
246246 molds, machinery, equipment (including replacement parts), and related items to the extent used in 17
247247 an industrial plant in connection with the actual manufacture, conversion, or processing of tangible 18
248248 personal property, or to the extent used in connection with the actual manufacture, conversion, or 19
249249 processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 20
250250 in the standard industrial classification manual prepared by the Technical Committee on Industrial 21
251251 Classification, Office of Statistical Standards, Executive Office of the President, United States 22
252252 Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment 23
253253 used in the furnishing of power to an industrial manufacturing plant. For the purposes of this 24
254254 subdivision, “industrial plant” means a factory at a fixed location primarily engaged in the 25
255255 manufacture, conversion, or processing of tangible personal property to be sold in the regular 26
256256 course of business; 27
257257 (ii) Machinery and equipment and related items are not deemed to be used in connection 28
258258 with the actual manufacture, conversion, or processing of tangible personal property, or in 29
259259 connection with the actual manufacture, conversion, or processing of computer software as that 30
260260 term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification 31
261261 manual prepared by the Technical Committee on Industrial Classification, Office of Statistical 32
262262 Standards, Executive Office of the President, United States Bureau of the Budget, as revised from 33
263263 time to time, to be sold to the extent the property is used in administration or distribution operations; 34
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267267 (iii) Machinery and equipment and related items used in connection with the actual 1
268268 manufacture, conversion, or processing of any computer software or any tangible personal property 2
269269 that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased 3
270270 from a vendor or machinery and equipment and related items used during any manufacturing, 4
271271 converting, or processing function is exempt under this subdivision even if that operation, function, 5
272272 or purpose is not an integral or essential part of a continuous production flow or manufacturing 6
273273 process; 7
274274 (iv) Where a portion of a group of portable or mobile machinery is used in connection with 8
275275 the actual manufacture, conversion, or processing of computer software or tangible personal 9
276276 property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under 10
277277 this subdivision even though the machinery in that group is used interchangeably and not otherwise 11
278278 identifiable as to use. 12
279279 (23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other 13
280280 consumption in this state of so much of the purchase price paid for a new or used automobile as is 14
281281 allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of 15
282282 the proceeds applicable only to the automobile as are received from the manufacturer of 16
283283 automobiles for the repurchase of the automobile whether the repurchase was voluntary or not 17
284284 towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision, 18
285285 the word “automobile” means a private passenger automobile not used for hire and does not refer 19
286286 to any other type of motor vehicle. 20
287287 (24) Precious metal bullion. 21
288288 (i) From the sale and from the storage, use, or other consumption in this state of precious 22
289289 metal bullion, substantially equivalent to a transaction in securities or commodities. 23
290290 (ii) For purposes of this subdivision, “precious metal bullion” means any elementary 24
291291 precious metal that has been put through a process of smelting or refining, including, but not limited 25
292292 to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value 26
293293 depends upon its content and not upon its form. 27
294294 (iii) The term does not include fabricated precious metal that has been processed or 28
295295 manufactured for some one or more specific and customary industrial, professional, or artistic uses. 29
296296 (25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of 30
297297 fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the 31
298298 repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use 32
299299 of the vessels including provisions, supplies, and material for the maintenance and/or repair of the 33
300300 vessels. 34
301301
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304304 (26) Commercial fishing vessels. From the sale and from the storage, use, or other 1
305305 consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and 2
306306 that are used exclusively for “commercial fishing,” as defined in this subdivision, and from the 3
307307 repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property 4
308308 purchased for the use of those vessels and other watercraft including provisions, supplies, and 5
309309 material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, 6
310310 cables, tackle, and other fishing equipment appurtenant to or used in connection with the 7
311311 commercial fishing of the vessels and other watercraft. “Commercial fishing” means taking or 8
312312 attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for 9
313313 profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence 10
314314 fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include 11
315315 vessels and other watercraft with a Rhode Island party and charter boat license issued by the 12
316316 department of environmental management pursuant to § 20-2-27.1 that meet the following criteria: 13
317317 (i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry 14
318318 passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) 15
319319 U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat 16
320320 registration to prove Rhode Island home port status; and (iv) The vessel must be used as a 17
321321 commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be 18
322322 able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters 19
323323 or provides documentation of a minimum of one hundred (100) charter trips annually; and (v) The 20
324324 vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall 21
325325 implement the provisions of this subdivision by promulgating rules and regulations relating thereto. 22
326326 (27) Clothing and footwear. 23
327327 (i) From the sales of articles of clothing, including footwear, intended to be worn or carried 24
328328 on or about the human body for sales prior to October 1, 2012. Effective October 1, 2012, the 25
329329 exemption will apply to the sales of articles of clothing, including footwear, intended to be worn 26
330330 or carried on or about the human body up to two hundred and fifty dollars ($250) of the sales price 27
331331 per item. For the purposes of this section, “clothing or footwear” does not include clothing 28
332332 accessories or equipment or special clothing or footwear primarily designed for athletic activity or 29
333333 protective use as these terms are defined in § 44-18-7.1(f). In recognition of the work being 30
334334 performed by the streamlined sales and use tax governing board, upon passage of any federal law 31
335335 that authorizes states to require remote sellers to collect and remit sales and use taxes, this unlimited 32
336336 exemption will apply as it did prior to October 1, 2012. The unlimited exemption on sales of 33
337337 clothing and footwear shall take effect on the date that the state requires remote sellers to collect 34
338338
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341341 and remit sales and use taxes. 1
342342 (ii) For purposes of this section, "clothing" includes cloth facial coverings or disposable 2
343343 face masks sold at retail for general use by the public. 3
344344 (28) Water for residential use. From the sale and from the storage, use, or other 4
345345 consumption in this state of water furnished for domestic use by occupants of residential premises. 5
346346 (29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes 6
347347 to Decisions.] From the sale and from the storage, use, or other consumption in the state of any 7
348348 canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited 8
349349 to, the Old Testament and the New Testament versions. 9
350350 (30) Boats. 10
351351 (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not 11
352352 register the boat or vessel in this state or document the boat or vessel with the United States 12
353353 government at a home port within the state, whether the sale or delivery of the boat or vessel is 13
354354 made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) 14
355355 days after delivery by the seller outside the state for use thereafter solely outside the state. 15
356356 (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may 16
357357 require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the 17
358358 tax administrator deems reasonably necessary to substantiate the exemption provided in this 18
359359 subdivision, including the affidavit of the seller that the buyer represented himself or herself to be 19
360360 a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state. 20
361361 (31) Youth activities equipment. From the sale, storage, use, or other consumption in this 21
362362 state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island 22
363363 eleemosynary organizations, for the purposes of youth activities that the organization is formed to 23
364364 sponsor and support; and by accredited elementary and secondary schools for the purposes of the 24
365365 schools or of organized activities of the enrolled students. 25
366366 (32) Farm equipment. From the sale and from the storage or use of machinery and 26
367367 equipment used directly for commercial farming and agricultural production; including, but not 27
368368 limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, 28
369369 balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, 29
370370 greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and 30
371371 other farming equipment, including replacement parts appurtenant to or used in connection with 31
372372 commercial farming and tools and supplies used in the repair and maintenance of farming 32
373373 equipment. “Commercial farming” means the keeping or boarding of five (5) or more horses or the 33
374374 production within this state of agricultural products, including, but not limited to, field or orchard 34
375375
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378378 crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production 1
379379 provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, 2
380380 whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July 3
381381 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I 4
382382 shall be based on proof of annual, gross sales from commercial farming of at least twenty-five 5
383383 hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this 6
384384 subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or 7
385385 greater. Level II shall be based on proof of annual gross sales from commercial farming of at least 8
386386 ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption 9
387387 provided in this subdivision including motor vehicles with an excise tax value of five thousand 10
388388 dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount 11
389389 of annual gross sales from commercial farming shall be required for the prior year; for any renewal 12
390390 of an exemption granted in accordance with this subdivision at either level I or level II, proof of 13
391391 gross annual sales from commercial farming at the requisite amount shall be required for each of 14
392392 the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly 15
393393 indicate the level of the exemption and be valid for four (4) years after the date of issue. This 16
394394 exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for 17
395395 a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after 18
396396 July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for 19
397397 registration displaying farm plates as provided for in § 31-3-31. 20
398398 (33) Compressed air. From the sale and from the storage, use, or other consumption in the 21
399399 state of compressed air. 22
400400 (34) Flags. From the sale and from the storage, consumption, or other use in this state of 23
401401 United States, Rhode Island or POW-MIA flags. 24
402402 (35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor 25
403403 vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or 26
404404 the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service 27
405405 connected or not. The motor vehicle must be purchased by and especially equipped for use by the 28
406406 qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or 29
407407 regulations that the tax administrator may prescribe. 30
408408 (36) Textbooks. From the sale and from the storage, use, or other consumption in this state 31
409409 of textbooks by an “educational institution,” as defined in subsection (18) of this section, and any 32
410410 educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor. 33
411411 (37) Tangible personal property and supplies used in on-site hazardous waste recycling, 34
412412
413413
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415415 reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible 1
416416 personal property or supplies used or consumed in the operation of equipment, the exclusive 2
417417 function of which is the recycling, reuse, or recovery of materials (other than precious metals, as 3
418418 defined in subdivision (24)(ii) of this section) from the treatment of “hazardous wastes,” as defined 4
419419 in § 23-19.1-4, where the “hazardous wastes” are generated in Rhode Island solely by the same 5
420420 taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the 6
421421 taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department 7
422422 of environmental management certifying that the equipment and/or supplies as used or consumed, 8
423423 qualify for the exemption under this subdivision. If any information relating to secret processes or 9
424424 methods of manufacture, production, or treatment is disclosed to the department of environmental 10
425425 management only to procure an order, and is a “trade secret” as defined in § 28-21-10(b), it is not 11
426426 open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of 12
427427 title 28 or chapter 24.4 of title 23. 13
428428 (38) Promotional and product literature of boat manufacturers. From the sale and from the 14
429429 storage, use, or other consumption of promotional and product literature of boat manufacturers 15
430430 shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii) 16
431431 Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to 17
432432 customers at no charge. 18
433433 (39) Food items paid for by food stamps. From the sale and from the storage, use, or other 19
434434 consumption in this state of eligible food items payment for which is properly made to the retailer 20
435435 in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977, 21
436436 7 U.S.C. § 2011 et seq. 22
437437 (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-23
438438 12-2(12) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed 24
439439 with the Rhode Island public utilities commission on the number of miles driven or by the number 25
440440 of hours spent on the job. 26
441441 (41) Trade-in value of boats. From the sale and from the storage, use, or other consumption 27
442442 in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-28
443443 in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only 29
444444 to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards 30
445445 the purchase of a new or used boat by the buyer. 31
446446 (42) Equipment used for research and development. From the sale and from the storage, 32
447447 use, or other consumption of equipment to the extent used for research and development purposes 33
448448 by a qualifying firm. For the purposes of this subsection, “qualifying firm” means a business for 34
449449
450450
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452452 which the use of research and development equipment is an integral part of its operation and 1
453453 “equipment” means scientific equipment, computers, software, and related items. 2
454454 (43) Coins. From the sale and from the other consumption in this state of coins having 3
455455 numismatic or investment value. 4
456456 (44) Farm structure construction materials. Lumber, hardware, and other materials used in 5
457457 the new construction of farm structures, including production facilities such as, but not limited to: 6
458458 farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses, 7
459459 fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms, 8
460460 machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos, 9
461461 feed storage sheds, and any other structures used in connection with commercial farming. 10
462462 (45) Telecommunications carrier access service. Carrier access service or 11
463463 telecommunications service when purchased by a telecommunications company from another 12
464464 telecommunications company to facilitate the provision of telecommunications service. 13
465465 (46) Boats or vessels brought into the state exclusively for winter storage, maintenance, 14
466466 repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax 15
467467 imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in 16
468468 any year up to and including the 30th day of April next succeeding with respect to the use of any 17
469469 boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility in 18
470470 this state for storage, including dry storage and storage in water by means of apparatus preventing 19
471471 ice damage to the hull, maintenance, or repair; (ii) The actual process of storage, maintenance, or 20
472472 repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or vessel. 21
473473 (47) Jewelry display product. From the sale and from the storage, use, or other 22
474474 consumption in this state of tangible personal property used to display any jewelry product; 23
475475 provided that title to the jewelry display product is transferred by the jewelry manufacturer or seller 24
476476 and that the jewelry display product is shipped out of state for use solely outside the state and is not 25
477477 returned to the jewelry manufacturer or seller. 26
478478 (48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax 27
479479 imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, 28
480480 use, or other consumption in this state of any new or used boat. The exemption provided for in this 29
481481 subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten 30
482482 percent (10%) surcharge on luxury boats is repealed. 31
483483 (49) Banks and regulated investment companies interstate toll-free calls. Notwithstanding 32
484484 the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of 33
485485 interstate and international, toll-free terminating telecommunication service that is used directly 34
486486
487487
488488 LC002036 - Page 14 of 19
489489 and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided 1
490490 that an eligible company employs on average during the calendar year no less than five hundred 2
491491 (500) “full-time equivalent employees” as that term is defined in § 42-64.5-2. For purposes of this 3
492492 section, an “eligible company” means a “regulated investment company” as that term is defined in 4
493493 the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a corporation to the extent the service is 5
494494 provided, directly or indirectly, to or on behalf of a regulated investment company, an employee 6
495495 benefit plan, a retirement plan or a pension plan, or a state-chartered bank. 7
496496 (50) Mobile and manufactured homes generally. From the sale and from the storage, use, 8
497497 or other consumption in this state of mobile and/or manufactured homes as defined and subject to 9
498498 taxation pursuant to the provisions of chapter 44 of title 31. 10
499499 (51) Manufacturing business reconstruction materials. 11
500500 (i) From the sale and from the storage, use, or other consumption in this state of lumber, 12
501501 hardware, and other building materials used in the reconstruction of a manufacturing business 13
502502 facility that suffers a disaster, as defined in this subdivision, in this state. “Disaster” means any 14
503503 occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of 15
504504 an operating manufacturing business facility within this state. “Disaster” does not include any 16
505505 damage resulting from the willful act of the owner of the manufacturing business facility. 17
506506 (ii) Manufacturing business facility includes, but is not limited to, the structures housing 18
507507 the production and administrative facilities. 19
508508 (iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty 20
509509 percent (60%) provision applies to the damages suffered at that one site. 21
510510 (iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, 22
511511 this exemption does not apply. 23
512512 (52) Tangible personal property and supplies used in the processing or preparation of floral 24
513513 products and floral arrangements. From the sale, storage, use, or other consumption in this state of 25
514514 tangible personal property or supplies purchased by florists, garden centers, or other like producers 26
515515 or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are 27
516516 ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements 28
517517 or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers, 29
518518 plants, floral products, or natural and artificial floral arrangements, including descriptive labels, 30
519519 stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers, 31
520520 spray materials, floral paint and tint, plant shine, flower food, insecticide, and fertilizers. 32
521521 (53) Horse food products. From the sale and from the storage, use, or other consumption 33
522522 in this state of horse food products purchased by a person engaged in the business of the boarding 34
523523
524524
525525 LC002036 - Page 15 of 19
526526 of horses. 1
527527 (54) Non-motorized recreational vehicles sold to nonresidents. 2
528528 (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to 3
529529 a bona fide nonresident of this state who does not register the non-motorized recreational vehicle 4
530530 in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this 5
531531 state or at the place of residence of the nonresident; provided that a non-motorized recreational 6
532532 vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to 7
533533 its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in 8
534534 that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate 9
535535 that would be imposed in his or her state of residence not to exceed the rate that would have been 10
536536 imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized 11
537537 recreational vehicle dealer shall add and collect the tax required under this subdivision and remit 12
538538 the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, 13
539539 that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and 14
540540 collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide 15
541541 nonresident as provided in this section, the dealer in computing the tax takes into consideration the 16
542542 law of the state of the nonresident as it relates to the trade-in of motor vehicles. 17
543543 (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may 18
544544 require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide 19
545545 nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption 20
546546 provided in this subdivision, including the affidavit of a licensed, non-motorized recreational 21
547547 vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and 22
548548 had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or 23
549549 a valid out-of-state driver’s license. 24
550550 (iii) Any nonresident who registers a non-motorized recreational vehicle in this state within 25
551551 ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized 26
552552 recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable 27
553553 for, the use tax imposed under the provisions of § 44-18-20. 28
554554 (iv) “Non-motorized recreational vehicle” means any portable dwelling designed and 29
555555 constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use 30
556556 that is eligible to be registered for highway use, including, but not limited to, “pick-up coaches” or 31
557557 “pick-up campers,” “travel trailers,” and “tent trailers” as those terms are defined in chapter 1 of 32
558558 title 31. 33
559559 (55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of 34
560560
561561
562562 LC002036 - Page 16 of 19
563563 sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials 1
564564 necessary and attendant to the installation of those systems that are required in buildings and 2
565565 occupancies existing therein in July 2003 in order to comply with any additional requirements for 3
566566 such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003 4
567567 and that are not required by any other provision of law or ordinance or regulation adopted pursuant 5
568568 to that act. The exemption provided in this subdivision shall expire on December 31, 2008. 6
569569 (56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-7
570570 18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other 8
571571 consumption in this state of any new or used aircraft or aircraft parts. 9
572572 (57) Renewable energy products. Notwithstanding any other provisions of Rhode Island 10
573573 general laws, the following products shall also be exempt from sales tax: solar photovoltaic 11
574574 modules or panels, or any module or panel that generates electricity from light; solar thermal 12
575575 collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, 13
576576 sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and 14
577577 water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold 15
578578 by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and 16
579579 manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not 17
580580 to include materials that could be fabricated into such racks; monitoring and control equipment, if 18
581581 specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind 19
582582 energy systems or if required by law or regulation for such systems but not to include pumps, fans 20
583583 or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral 21
584584 part of, another item specified on this list; and solar storage tanks that are part of a solar domestic 22
585585 hot water system or a solar space heating system. If the tank comes with an external heat exchanger 23
586586 it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax. 24
587587 (58) Returned property. The amount charged for property returned by customers upon 25
588588 rescission of the contract of sale when the entire amount exclusive of handling charges paid for the 26
589589 property is refunded in either cash or credit, and where the property is returned within one hundred 27
590590 twenty (120) days from the date of delivery. 28
591591 (59) Dietary supplements. From the sale and from the storage, use, or other consumption 29
592592 of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions. 30
593593 (60) Blood. From the sale and from the storage, use, or other consumption of human blood. 31
594594 (61) Agricultural products for human consumption. From the sale and from the storage, 32
595595 use, or other consumption of livestock and poultry of the kinds of products that ordinarily constitute 33
596596 food for human consumption and of livestock of the kind the products of which ordinarily constitute 34
597597
598598
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600600 fibers for human use. 1
601601 (62) Diesel emission control technology. From the sale and use of diesel retrofit 2
602602 technology that is required by § 31-47.3-4. 3
603603 (63) Feed for certain animals used in commercial farming. From the sale of feed for 4
604604 animals as described in subsection (61) of this section. 5
605605 (64) Alcoholic beverages. From the sale and storage, use, or other consumption in this 6
606606 state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and 7
607607 malt beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to 8
608608 the contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum 9
609609 markup. 10
610610 (65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use, 11
611611 or other consumption in this state of seeds and plants used to grow food and food ingredients as 12
612612 defined in § 44-18-7.1(l)(i). “Seeds and plants used to grow food and food ingredients” shall not 13
613613 include marijuana seeds or plants. 14
614614 (66) Feminine hygiene products. From the sale and from the storage, use, or other 15
615615 consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar products 16
616616 the principal use of which is feminine hygiene in connection with the menstrual cycle. 17
617617 (67) “Breast pump collection and storage supplies” means items of tangible personal 18
618618 property used in conjunction with a breast pump to collect milk expressed from a human breast and 19
619619 to store collected milk until it is ready for consumption. “Breast pump collection and storage 20
620620 supplies” include, but are not limited to, breast shields and breast shield connectors; breast pump 21
621621 tubes and tubing adaptors; breast pump valves and membranes; backflow protectors and backflow 22
622622 protector adaptors; bottles and bottle caps specific to the operation of the breast pump; breast milk 23
623623 storage bags; and related items sold as part of a breast pump kit pre-packaged by the breast pump 24
624624 manufacturer. “Breast pump collection and storage supplies” does not include: bottles and bottle 25
625625 caps not specific to the operation of the breast pump; breast pump travel bags and other similar 26
626626 carrying accessories, including ice packs, labels, and other similar products, unless sold as part of 27
627627 a breast pump kit pre-packed by the breast pump manufacturer; breast pump cleaning supplies, 28
628628 unless sold as part of a breast pump kit pre-packaged by the breast pump manufacturer; nursing 29
629629 bras, bra pads, breast shells, and other similar products; and creams, ointments, and other similar 30
630630 products that relieve breastfeeding-related symptoms or conditions of the breasts or nipples. 31
631631 (68) Trade-in value of motorcycles. From the sale and from the storage, use, or other 32
632632 consumption in this state of so much of the purchase price paid for a new or used motorcycle as is 33
633633 allocated for a trade-in allowance on the motorcycle of the buyer given in trade to the seller, or of 34
634634
635635
636636 LC002036 - Page 18 of 19
637637 the proceeds applicable only to the motorcycle as are received from the manufacturer of 1
638638 motorcycles for the repurchase of the motorcycle whether the repurchase was voluntary or not 2
639639 towards the purchase of a new or used motorcycle by the buyer. For the purpose of this subsection, 3
640640 the word “motorcycle” means a motorcycle not used for hire and does not refer to any other type 4
641641 of motor vehicle. 5
642642 SECTION 2. This act shall take effect upon passage. 6
643643 ========
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649649 EXPLANATION
650650 BY THE LEGISLATIVE COUNCIL
651651 OF
652652 A N A C T
653653 RELATING TO TAXATION -- SALES AND USE TAXES -- LIABILITY AND
654654 COMPUTATION
655655 ***
656656 This act would exempt from taxation the retail sale of cloth or disposable face masks and 1
657657 facial coverings. 2
658658 This act would take effect upon passage. 3
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662662