Rhode Island 2025 Regular Session

Rhode Island House Bill H5760 Compare Versions

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55 2025 -- H 5760
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77 LC001747
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- PERSONAL INCOME TAX
1616 Introduced By: Representatives O'Brien, Dawson, Caldwell, McEntee, Finkelman,
1717 Corvese, Serpa, Noret, Slater, and Solomon
1818 Date Introduced: February 26, 2025
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal 1
2424 Income Tax" is hereby amended to read as follows: 2
2525 44-30-2.6. Rhode Island taxable income — Rate of tax. 3
2626 (a) “Rhode Island taxable income” means federal taxable income as determined under the 4
2727 Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-5
2828 deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax 6
2929 Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of 7
3030 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. 8
3131 (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on 9
3232 or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island 10
3333 taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five 11
3434 and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 12
3535 and thereafter of the federal income tax rates, including capital gains rates and any other special 13
3636 rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately 14
3737 prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); 15
3838 provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable 16
3939 year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal 17
4040 Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a 18
4141 taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or 19
4242
4343
4444 LC001747 - Page 2 of 16
4545 her personal income tax liability. 1
4646 (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative 2
4747 minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island 3
4848 alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by 4
4949 multiplying the federal tentative minimum tax without allowing for the increased exemptions under 5
5050 the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 6
5151 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 7
5252 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product 8
5353 to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s 9
5454 Rhode Island alternative minimum tax. 10
5555 (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption 11
5656 amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by 12
5757 the tax administrator in the manner prescribed for adjustment by the commissioner of Internal 13
5858 Revenue in 26 U.S.C. § 1(f). 14
5959 (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode 15
6060 Island taxable income shall be determined by deducting from federal adjusted gross income as 16
6161 defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island 17
6262 itemized-deduction amount and the Rhode Island exemption amount as determined in this section. 18
6363 (A) Tax imposed. 19
6464 (1) There is hereby imposed on the taxable income of married individuals filing joint 20
6565 returns and surviving spouses a tax determined in accordance with the following table: 21
6666 If taxable income is: The tax is: 22
6767 Not over $53,150 3.75% of taxable income 23
6868 Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 24
6969 Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 25
7070 Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 26
7171 Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 27
7272 (2) There is hereby imposed on the taxable income of every head of household a tax 28
7373 determined in accordance with the following table: 29
7474 If taxable income is: The tax is: 30
7575 Not over $42,650 3.75% of taxable income 31
7676 Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 32
7777 Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 33
7878 Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 34
7979
8080
8181 LC001747 - Page 3 of 16
8282 Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 1
8383 (3) There is hereby imposed on the taxable income of unmarried individuals (other than 2
8484 surviving spouses and heads of households) a tax determined in accordance with the following 3
8585 table: 4
8686 If taxable income is: The tax is: 5
8787 Not over $31,850 3.75% of taxable income 6
8888 Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 7
8989 Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 8
9090 Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 9
9191 Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 10
9292 (4) There is hereby imposed on the taxable income of married individuals filing separate 11
9393 returns and bankruptcy estates a tax determined in accordance with the following table: 12
9494 If taxable income is: The tax is: 13
9595 Not over $26,575 3.75% of taxable income 14
9696 Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 15
9797 Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 16
9898 Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 17
9999 Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 18
100100 (5) There is hereby imposed a taxable income of an estate or trust a tax determined in 19
101101 accordance with the following table: 20
102102 If taxable income is: The tax is: 21
103103 Not over $2,150 3.75% of taxable income 22
104104 Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 23
105105 Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 24
106106 Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 25
107107 Over $10,450 $737.50 plus 9.90% of the excess over $10,450 26
108108 (6) Adjustments for inflation. 27
109109 The dollars amount contained in paragraph (A) shall be increased by an amount equal to: 28
110110 (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; 29
111111 (b) The cost-of-living adjustment determined under section (J) with a base year of 1993; 30
112112 (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making 31
113113 adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall 32
114114 be determined under section (J) by substituting “1994” for “1993.” 33
115115 (B) Maximum capital gains rates. 34
116116
117117
118118 LC001747 - Page 4 of 16
119119 (1) In general. 1
120120 If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax 2
121121 imposed by this section for such taxable year shall not exceed the sum of: 3
122122 (a) 2.5% of the net capital gain as reported for federal income tax purposes under section 4
123123 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b). 5
124124 (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 6
125125 § 1(h)(1)(c). 7
126126 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 8
127127 U.S.C. § 1(h)(1)(d). 9
128128 (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 10
129129 § 1(h)(1)(e). 11
130130 (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain 12
131131 shall be determined under subdivision 44-30-2.6(c)(2)(A). 13
132132 (C) Itemized deductions. 14
133133 (1) In general. 15
134134 For the purposes of section (2), “itemized deductions” means the amount of federal 16
135135 itemized deductions as modified by the modifications in § 44-30-12. 17
136136 (2) Individuals who do not itemize their deductions. 18
137137 In the case of an individual who does not elect to itemize his deductions for the taxable 19
138138 year, they may elect to take a standard deduction. 20
139139 (3) Basic standard deduction. 21
140140 The Rhode Island standard deduction shall be allowed in accordance with the following 22
141141 table: 23
142142 Filing status Amount 24
143143 Single $5,350 25
144144 Married filing jointly or qualifying widow(er) $8,900 26
145145 Married filing separately $4,450 27
146146 Head of Household $7,850 28
147147 (4) Additional standard deduction for the aged and blind. 29
148148 An additional standard deduction shall be allowed for individuals age sixty-five (65) or 30
149149 older or blind in the amount of $1,300 for individuals who are not married and $1,050 for 31
150150 individuals who are married. 32
151151 (5) Limitation on basic standard deduction in the case of certain dependents. 33
152152 In the case of an individual to whom a deduction under section (E) is allowable to another 34
153153
154154
155155 LC001747 - Page 5 of 16
156156 taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: 1
157157 (a) $850; 2
158158 (b) The sum of $300 and such individual’s earned income; 3
159159 (6) Certain individuals not eligible for standard deduction. 4
160160 In the case of: 5
161161 (a) A married individual filing a separate return where either spouse itemizes deductions; 6
162162 (b) Nonresident alien individual; 7
163163 (c) An estate or trust; 8
164164 The standard deduction shall be zero. 9
165165 (7) Adjustments for inflation. 10
166166 Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount 11
167167 equal to: 12
168168 (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied 13
169169 by 14
170170 (b) The cost-of-living adjustment determined under section (J) with a base year of 1988. 15
171171 (D) Overall limitation on itemized deductions. 16
172172 (1) General rule. 17
173173 In the case of an individual whose adjusted gross income as modified by § 44-30-12 18
174174 exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the 19
175175 taxable year shall be reduced by the lesser of: 20
176176 (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 21
177177 over the applicable amount; or 22
178178 (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for 23
179179 such taxable year. 24
180180 (2) Applicable amount. 25
181181 (a) In general. 26
182182 For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the 27
183183 case of a separate return by a married individual) 28
184184 (b) Adjustments for inflation. 29
185185 Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: 30
186186 (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by 31
187187 (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. 32
188188 (3) Phase-out of Limitation. 33
189189 (a) In general. 34
190190
191191
192192 LC001747 - Page 6 of 16
193193 In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, 1
194194 the reduction under section (1) shall be equal to the applicable fraction of the amount which would 2
195195 be the amount of such reduction. 3
196196 (b) Applicable fraction. 4
197197 For purposes of paragraph (a), the applicable fraction shall be determined in accordance 5
198198 with the following table: 6
199199 For taxable years beginning in calendar year The applicable fraction is 7
200200 2006 and 2007 ⅔ 8
201201 2008 and 2009 ⅓ 9
202202 (E) Exemption amount. 10
203203 (1) In general. 11
204204 Except as otherwise provided in this subsection, the term “exemption amount” means 12
205205 $3,400. 13
206206 (2) Exemption amount disallowed in case of certain dependents. 14
207207 In the case of an individual with respect to whom a deduction under this section is allowable 15
208208 to another taxpayer for the same taxable year, the exemption amount applicable to such individual 16
209209 for such individual's taxable year shall be zero. 17
210210 (3) Adjustments for inflation. 18
211211 The dollar amount contained in paragraph (1) shall be increased by an amount equal to: 19
212212 (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by 20
213213 (b) The cost-of-living adjustment determined under section (J) with a base year of 1989. 21
214214 (4) Limitation. 22
215215 (a) In general. 23
216216 In the case of any taxpayer whose adjusted gross income as modified for the taxable year 24
217217 exceeds the threshold amount shall be reduced by the applicable percentage. 25
218218 (b) Applicable percentage. 26
219219 In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the 27
220220 threshold amount, the exemption amount shall be reduced by two (2) percentage points for each 28
221221 $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year 29
222222 exceeds the threshold amount. In the case of a married individual filing a separate return, the 30
223223 preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the 31
224224 applicable percentage exceed one hundred percent (100%). 32
225225 (c) Threshold Amount. 33
226226 For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with 34
227227
228228
229229 LC001747 - Page 7 of 16
230230 the following table: 1
231231 Filing status Amount 2
232232 Single $156,400 3
233233 Married filing jointly of qualifying widow(er) $234,600 4
234234 Married filing separately $117,300 5
235235 Head of Household $195,500 6
236236 (d) Adjustments for inflation. 7
237237 Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: 8
238238 (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by 9
239239 (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. 10
240240 (5) Phase-out of limitation. 11
241241 (a) In general. 12
242242 In the case of taxable years beginning after December 31, 2005, and before January 1, 13
243243 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which 14
244244 would be the amount of such reduction. 15
245245 (b) Applicable fraction. 16
246246 For the purposes of paragraph (a), the applicable fraction shall be determined in accordance 17
247247 with the following table: 18
248248 For taxable years beginning in calendar year The applicable fraction is 19
249249 2006 and 2007 ⅔ 20
250250 2008 and 2009 ⅓ 21
251251 (F) Alternative minimum tax. 22
252252 (1) General rule. There is hereby imposed (in addition to any other tax imposed by this 23
253253 subtitle) a tax equal to the excess (if any) of: 24
254254 (a) The tentative minimum tax for the taxable year, over 25
255255 (b) The regular tax for the taxable year. 26
256256 (2) The tentative minimum tax for the taxable year is the sum of: 27
257257 (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus 28
258258 (b) 7.0 percent of so much of the taxable excess above $175,000. 29
259259 (3) The amount determined under the preceding sentence shall be reduced by the alternative 30
260260 minimum tax foreign tax credit for the taxable year. 31
261261 (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so 32
262262 much of the federal alternative minimum taxable income as modified by the modifications in § 44-33
263263 30-12 as exceeds the exemption amount. 34
264264
265265
266266 LC001747 - Page 8 of 16
267267 (5) In the case of a married individual filing a separate return, subparagraph (2) shall be 1
268268 applied by substituting “$87,500” for $175,000 each place it appears. 2
269269 (6) Exemption amount. 3
270270 For purposes of this section "exemption amount" means: 4
271271 Filing status Amount 5
272272 Single $39,150 6
273273 Married filing jointly or qualifying widow(er) $53,700 7
274274 Married filing separately $26,850 8
275275 Head of Household $39,150 9
276276 Estate or trust $24,650 10
277277 (7) Treatment of unearned income of minor children 11
278278 (a) In general. 12
279279 In the case of a minor child, the exemption amount for purposes of section (6) shall not 13
280280 exceed the sum of: 14
281281 (i) Such child's earned income, plus 15
282282 (ii) $6,000. 16
283283 (8) Adjustments for inflation. 17
284284 The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount 18
285285 equal to: 19
286286 (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by 20
287287 (b) The cost-of-living adjustment determined under section (J) with a base year of 2004. 21
288288 (9) Phase-out. 22
289289 (a) In general. 23
290290 The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount 24
291291 equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income 25
292292 of the taxpayer exceeds the threshold amount. 26
293293 (b) Threshold amount. 27
294294 For purposes of this paragraph, the term “threshold amount” shall be determined with the 28
295295 following table: 29
296296 Filing status Amount 30
297297 Single $123,250 31
298298 Married filing jointly or qualifying widow(er) $164,350 32
299299 Married filing separately $82,175 33
300300 Head of Household $123,250 34
301301
302302
303303 LC001747 - Page 9 of 16
304304 Estate or Trust $82,150 1
305305 (c) Adjustments for inflation 2
306306 Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: 3
307307 (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by 4
308308 (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. 5
309309 (G) Other Rhode Island taxes. 6
310310 (1) General rule. There is hereby imposed (in addition to any other tax imposed by this 7
311311 subtitle) a tax equal to twenty-five percent (25%) of: 8
312312 (a) The Federal income tax on lump-sum distributions. 9
313313 (b) The Federal income tax on parents' election to report child's interest and dividends. 10
314314 (c) The recapture of Federal tax credits that were previously claimed on Rhode Island 11
315315 return. 12
316316 (H) Tax for children under 18 with investment income. 13
317317 (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: 14
318318 (a) The Federal tax for children under the age of 18 with investment income. 15
319319 (I) Averaging of farm income. 16
320320 (1) General rule. At the election of an individual engaged in a farming business or fishing 17
321321 business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: 18
322322 (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § 19
323323 1301]. 20
324324 (J) Cost-of-living adjustment. 21
325325 (1) In general. 22
326326 The cost-of-living adjustment for any calendar year is the percentage (if any) by which: 23
327327 (a) The CPI for the preceding calendar year exceeds 24
328328 (b) The CPI for the base year. 25
329329 (2) CPI for any calendar year. 26
330330 For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer 27
331331 price index as of the close of the twelve (12) month period ending on August 31 of such calendar 28
332332 year. 29
333333 (3) Consumer price index. 30
334334 For purposes of paragraph (2), the term “consumer price index” means the last consumer 31
335335 price index for all urban consumers published by the department of labor. For purposes of the 32
336336 preceding sentence, the revision of the consumer price index that is most consistent with the 33
337337 consumer price index for calendar year 1986 shall be used. 34
338338
339339
340340 LC001747 - Page 10 of 16
341341 (4) Rounding. 1
342342 (a) In general. 2
343343 If any increase determined under paragraph (1) is not a multiple of $50, such increase shall 3
344344 be rounded to the next lowest multiple of $50. 4
345345 (b) In the case of a married individual filing a separate return, subparagraph (a) shall be 5
346346 applied by substituting “$25” for $50 each place it appears. 6
347347 (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer 7
348348 entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to 8
349349 a credit against the Rhode Island tax imposed under this section: 9
350350 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.] 10
351351 (2) Child and dependent care credit; 11
352352 (3) General business credits; 12
353353 (4) Credit for elderly or the disabled; 13
354354 (5) Credit for prior year minimum tax; 14
355355 (6) Mortgage interest credit; 15
356356 (7) Empowerment zone employment credit; 16
357357 (8) Qualified electric vehicle credit. 17
358358 (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, 18
359359 a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island 19
360360 tax imposed under this section if the adopted child was under the care, custody, or supervision of 20
361361 the Rhode Island department of children, youth and families prior to the adoption. 21
362362 (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits 22
363363 provided there shall be no deduction based on any federal credits enacted after January 1, 1996, 23
364364 including the rate reduction credit provided by the federal Economic Growth and Tax 24
365365 Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be 25
366366 reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax 26
367367 purposes shall determine the Rhode Island amount to be recaptured in the same manner as 27
368368 prescribed in this subsection. 28
369369 (N) Rhode Island earned-income credit. 29
370370 (1) In general. 30
371371 For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-31
372372 income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent 32
373373 (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode 33
374374 Island income tax. 34
375375
376376
377377 LC001747 - Page 11 of 16
378378 For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer 1
379379 entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit 2
380380 equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the 3
381381 amount of the Rhode Island income tax. 4
382382 For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-5
383383 income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half 6
384384 percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the 7
385385 Rhode Island income tax. 8
386386 For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-9
387387 income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) 10
388388 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 11
389389 income tax. 12
390390 For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned-13
391391 income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%) 14
392392 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 15
393393 income tax. 16
394394 For tax years beginning on or after January 1, 2026, a taxpayer entitled to a federal earned-17
395395 income credit shall be allowed a Rhode Island earned-income credit equal to twenty percent (20%) 18
396396 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 19
397397 income tax. 20
398398 (2) Refundable portion. 21
399399 In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this 22
400400 section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall 23
401401 be allowed as follows. 24
402402 (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable 25
403403 earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-26
404404 income credit exceeds the Rhode Island income tax. 27
405405 (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) 28
406406 refundable earned-income credit means one hundred percent (100%) of the amount by which the 29
407407 Rhode Island earned-income credit exceeds the Rhode Island income tax. 30
408408 (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs 31
409409 (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years 32
410410 thereafter for inclusion in the statute. 33
411411 (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode 34
412412
413413
414414 LC001747 - Page 12 of 16
415415 Island taxable income” means federal adjusted gross income as determined under the Internal 1
416416 Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-2
417417 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph 3
418418 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph 4
419419 44-30-2.6(c)(3)(C). 5
420420 (A) Tax imposed. 6
421421 (I) There is hereby imposed on the taxable income of married individuals filing joint 7
422422 returns, qualifying widow(er), every head of household, unmarried individuals, married individuals 8
423423 filing separate returns and bankruptcy estates, a tax determined in accordance with the following 9
424424 table: 10
425425 RI Taxable Income RI Income Tax 11
426426 Over But not over Pay + % on Excess on the amount over 12
427427 $ 0 - $ 55,000 $ 0 + 3.75% $ 0 13
428428 55,000 - 125,000 2,063 + 4.75% 55,000 14
429429 125,000 - 5,388 + 5.99% 125,000 15
430430 (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in 16
431431 accordance with the following table: 17
432432 RI Taxable Income RI Income Tax 18
433433 Over But not over Pay + % on Excess on the amount over 19
434434 $ 0 - $ 2,230 $ 0 + 3.75% $ 0 20
435435 2,230 - 7,022 84 + 4.75% 2,230 21
436436 7,022 - 312 + 5.99% 7,022 22
437437 (B) Deductions: 23
438438 (I) Rhode Island Basic Standard Deduction. 24
439439 Only the Rhode Island standard deduction shall be allowed in accordance with the 25
440440 following table: 26
441441 Filing status: Amount 27
442442 Single $7,500 28
443443 Married filing jointly or qualifying widow(er) $15,000 29
444444 Married filing separately $7,500 30
445445 Head of Household $11,250 31
446446 (II) Nonresident alien individuals, estates and trusts are not eligible for standard 32
447447 deductions. 33
448448 (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island 34
449449
450450
451451 LC001747 - Page 13 of 16
452452 purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand 1
453453 dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. 2
454454 The term “applicable percentage” means twenty (20) percentage points for each five thousand 3
455455 dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable 4
456456 year exceeds one hundred seventy-five thousand dollars ($175,000). 5
457457 (C) Exemption Amount: 6
458458 (I) The term “exemption amount” means three thousand five hundred dollars ($3,500) 7
459459 multiplied by the number of exemptions allowed for the taxable year for federal income tax 8
460460 purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same 9
461461 as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and 10
462462 Jobs Act (Pub. L. No. 115-97) on December 22, 2017. 11
463463 (II) Exemption amount disallowed in case of certain dependents. In the case of an 12
464464 individual with respect to whom a deduction under this section is allowable to another taxpayer for 13
465465 the same taxable year, the exemption amount applicable to such individual for such individual’s 14
466466 taxable year shall be zero. 15
467467 (III) Identifying information required. 16
468468 (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be 17
469469 allowed under this section with respect to any individual unless the Taxpayer Identification Number 18
470470 of such individual is included on the federal return claiming the exemption for the same tax filing 19
471471 period. 20
472472 (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event 21
473473 that the Taxpayer Identification Number for each individual is not required to be included on the 22
474474 federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer 23
475475 Identification Number must be provided on the Rhode Island tax return for the purpose of claiming 24
476476 said exemption(s). 25
477477 (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island 26
478478 purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand 27
479479 dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term 28
480480 “applicable percentage” means twenty (20) percentage points for each five thousand dollars 29
481481 ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year 30
482482 exceeds one hundred seventy-five thousand dollars ($175,000). 31
483483 (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-32
484484 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount 33
485485 equal to: 34
486486
487487
488488 LC001747 - Page 14 of 16
489489 (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) 1
490490 and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; 2
491491 (II) The cost-of-living adjustment with a base year of 2000. 3
492492 (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is 4
493493 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 5
494494 the consumer price index for the base year. The consumer price index for any calendar year is the 6
495495 average of the consumer price index as of the close of the twelve-month (12) period ending on 7
496496 August 31, of such calendar year. 8
497497 (IV) For the purpose of this section the term “consumer price index” means the last 9
498498 consumer price index for all urban consumers published by the department of labor. For the purpose 10
499499 of this section the revision of the consumer price index that is most consistent with the consumer 11
500500 price index for calendar year 1986 shall be used. 12
501501 (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 13
502502 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 14
503503 married individual filing separate return, if any increase determined under this section is not a 15
504504 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 16
505505 of twenty-five dollars ($25.00). 17
506506 (F) Credits against tax. 18
507507 (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on 19
508508 or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be 20
509509 as follows: 21
510510 (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit 22
511511 pursuant to subparagraph 44-30-2.6(c)(2)(N). 23
512512 (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided 24
513513 in § 44-33-1 et seq. 25
514514 (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax 26
515515 credit as provided in § 44-30.3-1 et seq. 27
516516 (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to 28
517517 other states pursuant to § 44-30-74. 29
518518 (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit 30
519519 as provided in § 44-33.2-1 et seq. 31
520520 (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture 32
521521 production tax credit as provided in § 44-31.2-1 et seq. 33
522522 (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of 34
523523
524524
525525 LC001747 - Page 15 of 16
526526 the federal child and dependent care credit allowable for the taxable year for federal purposes; 1
527527 provided, however, such credit shall not exceed the Rhode Island tax liability. 2
528528 (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for 3
529529 contributions to scholarship organizations as provided in chapter 62 of title 44. 4
530530 (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable 5
531531 as if no withholding were required, but any amount of Rhode Island personal income tax actually 6
532532 deducted and withheld in any calendar year shall be deemed to have been paid to the tax 7
533533 administrator on behalf of the person from whom withheld, and the person shall be credited with 8
534534 having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable 9
535535 year of less than twelve (12) months, the credit shall be made under regulations of the tax 10
536536 administrator. 11
537537 (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in 12
538538 RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. 13
539539 (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in 14
540540 § 42-64.20-1 et seq. 15
541541 (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode 16
542542 Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. 17
543543 (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, 18
544544 unused carryforward for such credit previously issued shall be allowed for the historic 19
545545 homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already 20
546546 issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits 21
547547 under the historic homeownership assistance act. 22
548548 (2) Except as provided in section 1 above, no other state and federal tax credit shall be 23
549549 available to the taxpayers in computing tax liability under this chapter. 24
550550 SECTION 2. This act shall take effect upon passage. 25
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554554
555555
556556 LC001747 - Page 16 of 16
557557 EXPLANATION
558558 BY THE LEGISLATIVE COUNCIL
559559 OF
560560 A N A C T
561561 RELATING TO TAXATION -- PERSONAL INCOME TAX
562562 ***
563563 This act would raise the earned-income tax credit to twenty percent (20%) for the tax years 1
564564 2026 and beyond. 2
565565 This act would take effect upon passage. 3
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