Rhode Island 2025 Regular Session

Rhode Island House Bill H6008 Compare Versions

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55 2025 -- H 6008
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77 LC001550
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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 -- BUSINESS CORPORATION TAX
1616 Introduced By: Representatives Santucci, Quattrocchi, Roberts, Nardone, Fascia, Place,
1717 Chippendale, Newberry, and Paplauskas
1818 Date Introduced: February 28, 2025
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business 1
2424 Corporation Tax" is hereby amended to read as follows: 2
2525 44-11-2. Imposition of tax. 3
2626 (a) Each corporation shall annually pay to the state a tax equal to nine percent (9%) of net 4
2727 income, as defined in § 44-11-11, qualified in § 44-11-12, and apportioned to this state as provided 5
2828 in §§ 44-11-13 — 44-11-15, for the taxable year. For tax years beginning on or after January 1, 6
2929 2015, each corporation shall annually pay to the state a tax equal to seven percent (7.0%) of net 7
3030 income, as defined in § 44-11-13 — 44-11-15, for the taxable year. 8
3131 (b) A corporation shall pay the amount of any tax as computed in accordance with 9
3232 subsection (a) after deducting from “net income,” as used in this section, fifty percent (50%) of the 10
3333 excess of capital gains over capital losses realized during the taxable year, if for the taxable year: 11
3434 (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its 12
3535 own behalf and not as a broker, underwriter, or distributor; 13
3636 (2) Its gross receipts derived from these activities during the taxable year amounted to at 14
3737 least ninety percent (90%) of its total gross receipts derived from all of its activities during the year. 15
3838 “Gross receipts” means all receipts, whether in the form of money, credits, or other valuable 16
3939 consideration, received during the taxable year in connection with the conduct of the taxpayer’s 17
4040 activities. 18
4141 (c) A corporation shall not pay the amount of the tax computed on the basis of its net 19
4242
4343
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4545 income under subsection (a), but shall annually pay to the state a tax equal to ten cents ($.10) for 1
4646 each one hundred dollars ($100) of gross income for the taxable year or a tax of one hundred dollars 2
4747 ($100), whichever tax shall be the greater, if for the taxable year the corporation is either a “personal 3
4848 holding company” registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-4
4949 1 et seq., “regulated investment company,” or a “real estate investment trust” as defined in the 5
5050 federal income tax law applicable to the taxable year. “Gross income” means gross income as 6
5151 defined in the federal income tax law applicable to the taxable year, plus: 7
5252 (1) Any interest not included in the federal gross income; minus 8
5353 (2) Interest on obligations of the United States or its possessions, and other interest exempt 9
5454 from taxation by this state; and minus 10
5555 (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during the 11
5656 taxable year. 12
5757 (d)(1) A small business corporation having an election in effect under subchapter S, 26 13
5858 U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except 14
5959 that the corporation shall be subject to the provisions of subsection (a), to the extent of the income 15
6060 that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after 16
6161 January 1, 2015, a small business corporation having an election in effect under subchapter S, 26 17
6262 U.S.C. § 1361 et seq., shall be subject to the minimum tax under § 44-11-2(e). 18
6363 (2) The shareholders of the corporation who are residents of Rhode Island shall include in 19
6464 their income their proportionate share of the corporation’s federal taxable income. 20
6565 (3) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] 21
6666 (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] 22
6767 (e) Minimum tax. The tax imposed upon any corporation under this section, including a 23
6868 small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et 24
6969 seq., shall not be less than four hundred fifty dollars ($450). For tax years beginning on or after 25
7070 January 1, 2017, the tax imposed shall not be less than four hundred dollars ($400). 26
7171 (f) Credit against tax for ABLE contributions. An employer shall be allowed a credit 27
7272 against income tax for contributions to an eligible employee’s ABLE account, established pursuant 28
7373 to §42-7.2-20.3, for a maximum credit of two thousand dollars ($2,000) per employee, per year. 29
7474 SECTION 2. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal 30
7575 Income Tax" is hereby amended to read as follows: 31
7676 44-30-2.6. Rhode Island taxable income — Rate of tax. 32
7777 (a) “Rhode Island taxable income” means federal taxable income as determined under the 33
7878 Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-34
7979
8080
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8282 deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax 1
8383 Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of 2
8484 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. 3
8585 (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on 4
8686 or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island 5
8787 taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five 6
8888 and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 7
8989 and thereafter of the federal income tax rates, including capital gains rates and any other special 8
9090 rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately 9
9191 prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); 10
9292 provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable 11
9393 year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal 12
9494 Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a 13
9595 taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or 14
9696 her personal income tax liability. 15
9797 (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative 16
9898 minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island 17
9999 alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by 18
100100 multiplying the federal tentative minimum tax without allowing for the increased exemptions under 19
101101 the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 20
102102 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 21
103103 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product 22
104104 to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s 23
105105 Rhode Island alternative minimum tax. 24
106106 (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption 25
107107 amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by 26
108108 the tax administrator in the manner prescribed for adjustment by the commissioner of Internal 27
109109 Revenue in 26 U.S.C. § 1(f). 28
110110 (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode 29
111111 Island taxable income shall be determined by deducting from federal adjusted gross income as 30
112112 defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island 31
113113 itemized-deduction amount and the Rhode Island exemption amount as determined in this section. 32
114114 (A) Tax imposed. 33
115115 (1) There is hereby imposed on the taxable income of married individuals filing joint 34
116116
117117
118118 LC001550 - Page 4 of 18
119119 returns and surviving spouses a tax determined in accordance with the following table: 1
120120 If taxable income is: The tax is: 2
121121 Not over $53,150 3.75% of taxable income 3
122122 Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 4
123123 Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 5
124124 Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 6
125125 Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 7
126126 (2) There is hereby imposed on the taxable income of every head of household a tax 8
127127 determined in accordance with the following table: 9
128128 If taxable income is: The tax is: 10
129129 Not over $42,650 3.75% of taxable income 11
130130 Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 12
131131 Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 13
132132 Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 14
133133 Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 15
134134 (3) There is hereby imposed on the taxable income of unmarried individuals (other than 16
135135 surviving spouses and heads of households) a tax determined in accordance with the following 17
136136 table: 18
137137 If taxable income is: The tax is: 19
138138 Not over $31,850 3.75% of taxable income 20
139139 Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 21
140140 Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 22
141141 Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 23
142142 Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 24
143143 (4) There is hereby imposed on the taxable income of married individuals filing separate 25
144144 returns and bankruptcy estates a tax determined in accordance with the following table: 26
145145 If taxable income is: The tax is: 27
146146 Not over $26,575 3.75% of taxable income 28
147147 Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 29
148148 Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 30
149149 Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 31
150150 Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 32
151151 (5) There is hereby imposed a taxable income of an estate or trust a tax determined in 33
152152 accordance with the following table: 34
153153
154154
155155 LC001550 - Page 5 of 18
156156 If taxable income is: The tax is: 1
157157 Not over $2,150 3.75% of taxable income 2
158158 Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 3
159159 Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 4
160160 Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 5
161161 Over $10,450 $737.50 plus 9.90% of the excess over $10,450 6
162162 (6) Adjustments for inflation. 7
163163 The dollars amount contained in paragraph (A) shall be increased by an amount equal to: 8
164164 (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; 9
165165 (b) The cost-of-living adjustment determined under section (J) with a base year of 1993; 10
166166 (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making 11
167167 adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall 12
168168 be determined under section (J) by substituting “1994” for “1993.” 13
169169 (B) Maximum capital gains rates. 14
170170 (1) In general. 15
171171 If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax 16
172172 imposed by this section for such taxable year shall not exceed the sum of: 17
173173 (a) 2.5% of the net capital gain as reported for federal income tax purposes under section 18
174174 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b). 19
175175 (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 20
176176 § 1(h)(1)(c). 21
177177 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 22
178178 U.S.C. § 1(h)(1)(d). 23
179179 (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 24
180180 § 1(h)(1)(e). 25
181181 (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain 26
182182 shall be determined under subdivision 44-30-2.6(c)(2)(A). 27
183183 (C) Itemized deductions. 28
184184 (1) In general. 29
185185 For the purposes of section (2), “itemized deductions” means the amount of federal 30
186186 itemized deductions as modified by the modifications in § 44-30-12. 31
187187 (2) Individuals who do not itemize their deductions. 32
188188 In the case of an individual who does not elect to itemize his deductions for the taxable 33
189189 year, they may elect to take a standard deduction. 34
190190
191191
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193193 (3) Basic standard deduction. 1
194194 The Rhode Island standard deduction shall be allowed in accordance with the following 2
195195 table: 3
196196 Filing status Amount 4
197197 Single $5,350 5
198198 Married filing jointly or qualifying widow(er) $8,900 6
199199 Married filing separately $4,450 7
200200 Head of Household $7,850 8
201201 (4) Additional standard deduction for the aged and blind. 9
202202 An additional standard deduction shall be allowed for individuals age sixty-five (65) or 10
203203 older or blind in the amount of $1,300 for individuals who are not married and $1,050 for 11
204204 individuals who are married. 12
205205 (5) Limitation on basic standard deduction in the case of certain dependents. 13
206206 In the case of an individual to whom a deduction under section (E) is allowable to another 14
207207 taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: 15
208208 (a) $850; 16
209209 (b) The sum of $300 and such individual’s earned income; 17
210210 (6) Certain individuals not eligible for standard deduction. 18
211211 In the case of: 19
212212 (a) A married individual filing a separate return where either spouse itemizes deductions; 20
213213 (b) Nonresident alien individual; 21
214214 (c) An estate or trust; 22
215215 The standard deduction shall be zero. 23
216216 (7) Adjustments for inflation. 24
217217 Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount 25
218218 equal to: 26
219219 (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied 27
220220 by 28
221221 (b) The cost-of-living adjustment determined under section (J) with a base year of 1988. 29
222222 (D) Overall limitation on itemized deductions. 30
223223 (1) General rule. 31
224224 In the case of an individual whose adjusted gross income as modified by § 44-30-12 32
225225 exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the 33
226226 taxable year shall be reduced by the lesser of: 34
227227
228228
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230230 (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 1
231231 over the applicable amount; or 2
232232 (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for 3
233233 such taxable year. 4
234234 (2) Applicable amount. 5
235235 (a) In general. 6
236236 For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the 7
237237 case of a separate return by a married individual) 8
238238 (b) Adjustments for inflation. 9
239239 Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: 10
240240 (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by 11
241241 (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. 12
242242 (3) Phase-out of Limitation. 13
243243 (a) In general. 14
244244 In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, 15
245245 the reduction under section (1) shall be equal to the applicable fraction of the amount which would 16
246246 be the amount of such reduction. 17
247247 (b) Applicable fraction. 18
248248 For purposes of paragraph (a), the applicable fraction shall be determined in accordance 19
249249 with the following table: 20
250250 For taxable years beginning in calendar year The applicable fraction is 21
251251 2006 and 2007 ⅔ 22
252252 2008 and 2009 ⅓ 23
253253 (E) Exemption amount. 24
254254 (1) In general. 25
255255 Except as otherwise provided in this subsection, the term “exemption amount” means 26
256256 $3,400. 27
257257 (2) Exemption amount disallowed in case of certain dependents. 28
258258 In the case of an individual with respect to whom a deduction under this section is allowable 29
259259 to another taxpayer for the same taxable year, the exemption amount applicable to such individual 30
260260 for such individual's taxable year shall be zero. 31
261261 (3) Adjustments for inflation. 32
262262 The dollar amount contained in paragraph (1) shall be increased by an amount equal to: 33
263263 (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by 34
264264
265265
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267267 (b) The cost-of-living adjustment determined under section (J) with a base year of 1989. 1
268268 (4) Limitation. 2
269269 (a) In general. 3
270270 In the case of any taxpayer whose adjusted gross income as modified for the taxable year 4
271271 exceeds the threshold amount shall be reduced by the applicable percentage. 5
272272 (b) Applicable percentage. 6
273273 In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the 7
274274 threshold amount, the exemption amount shall be reduced by two (2) percentage points for each 8
275275 $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year 9
276276 exceeds the threshold amount. In the case of a married individual filing a separate return, the 10
277277 preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the 11
278278 applicable percentage exceed one hundred percent (100%). 12
279279 (c) Threshold Amount. 13
280280 For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with 14
281281 the following table: 15
282282 Filing status Amount 16
283283 Single $156,400 17
284284 Married filing jointly of qualifying widow(er) $234,600 18
285285 Married filing separately $117,300 19
286286 Head of Household $195,500 20
287287 (d) Adjustments for inflation. 21
288288 Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: 22
289289 (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by 23
290290 (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. 24
291291 (5) Phase-out of limitation. 25
292292 (a) In general. 26
293293 In the case of taxable years beginning after December 31, 2005, and before January 1, 27
294294 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which 28
295295 would be the amount of such reduction. 29
296296 (b) Applicable fraction. 30
297297 For the purposes of paragraph (a), the applicable fraction shall be determined in accordance 31
298298 with the following table: 32
299299 For taxable years beginning in calendar year The applicable fraction is 33
300300 2006 and 2007 ⅔ 34
301301
302302
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304304 2008 and 2009 ⅓ 1
305305 (F) Alternative minimum tax. 2
306306 (1) General rule. There is hereby imposed (in addition to any other tax imposed by this 3
307307 subtitle) a tax equal to the excess (if any) of: 4
308308 (a) The tentative minimum tax for the taxable year, over 5
309309 (b) The regular tax for the taxable year. 6
310310 (2) The tentative minimum tax for the taxable year is the sum of: 7
311311 (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus 8
312312 (b) 7.0 percent of so much of the taxable excess above $175,000. 9
313313 (3) The amount determined under the preceding sentence shall be reduced by the alternative 10
314314 minimum tax foreign tax credit for the taxable year. 11
315315 (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so 12
316316 much of the federal alternative minimum taxable income as modified by the modifications in § 44-13
317317 30-12 as exceeds the exemption amount. 14
318318 (5) In the case of a married individual filing a separate return, subparagraph (2) shall be 15
319319 applied by substituting “$87,500” for $175,000 each place it appears. 16
320320 (6) Exemption amount. 17
321321 For purposes of this section "exemption amount" means: 18
322322 Filing status Amount 19
323323 Single $39,150 20
324324 Married filing jointly or qualifying widow(er) $53,700 21
325325 Married filing separately $26,850 22
326326 Head of Household $39,150 23
327327 Estate or trust $24,650 24
328328 (7) Treatment of unearned income of minor children 25
329329 (a) In general. 26
330330 In the case of a minor child, the exemption amount for purposes of section (6) shall not 27
331331 exceed the sum of: 28
332332 (i) Such child's earned income, plus 29
333333 (ii) $6,000. 30
334334 (8) Adjustments for inflation. 31
335335 The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount 32
336336 equal to: 33
337337 (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by 34
338338
339339
340340 LC001550 - Page 10 of 18
341341 (b) The cost-of-living adjustment determined under section (J) with a base year of 2004. 1
342342 (9) Phase-out. 2
343343 (a) In general. 3
344344 The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount 4
345345 equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income 5
346346 of the taxpayer exceeds the threshold amount. 6
347347 (b) Threshold amount. 7
348348 For purposes of this paragraph, the term “threshold amount” shall be determined with the 8
349349 following table: 9
350350 Filing status Amount 10
351351 Single $123,250 11
352352 Married filing jointly or qualifying widow(er) $164,350 12
353353 Married filing separately $82,175 13
354354 Head of Household $123,250 14
355355 Estate or Trust $82,150 15
356356 (c) Adjustments for inflation 16
357357 Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: 17
358358 (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by 18
359359 (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. 19
360360 (G) Other Rhode Island taxes. 20
361361 (1) General rule. There is hereby imposed (in addition to any other tax imposed by this 21
362362 subtitle) a tax equal to twenty-five percent (25%) of: 22
363363 (a) The Federal income tax on lump-sum distributions. 23
364364 (b) The Federal income tax on parents' election to report child's interest and dividends. 24
365365 (c) The recapture of Federal tax credits that were previously claimed on Rhode Island 25
366366 return. 26
367367 (H) Tax for children under 18 with investment income. 27
368368 (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: 28
369369 (a) The Federal tax for children under the age of 18 with investment income. 29
370370 (I) Averaging of farm income. 30
371371 (1) General rule. At the election of an individual engaged in a farming business or fishing 31
372372 business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: 32
373373 (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § 33
374374 1301]. 34
375375
376376
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378378 (J) Cost-of-living adjustment. 1
379379 (1) In general. 2
380380 The cost-of-living adjustment for any calendar year is the percentage (if any) by which: 3
381381 (a) The CPI for the preceding calendar year exceeds 4
382382 (b) The CPI for the base year. 5
383383 (2) CPI for any calendar year. 6
384384 For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer 7
385385 price index as of the close of the twelve (12) month period ending on August 31 of such calendar 8
386386 year. 9
387387 (3) Consumer price index. 10
388388 For purposes of paragraph (2), the term “consumer price index” means the last consumer 11
389389 price index for all urban consumers published by the department of labor. For purposes of the 12
390390 preceding sentence, the revision of the consumer price index that is most consistent with the 13
391391 consumer price index for calendar year 1986 shall be used. 14
392392 (4) Rounding. 15
393393 (a) In general. 16
394394 If any increase determined under paragraph (1) is not a multiple of $50, such increase shall 17
395395 be rounded to the next lowest multiple of $50. 18
396396 (b) In the case of a married individual filing a separate return, subparagraph (a) shall be 19
397397 applied by substituting “$25” for $50 each place it appears. 20
398398 (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer 21
399399 entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to 22
400400 a credit against the Rhode Island tax imposed under this section: 23
401401 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.] 24
402402 (2) Child and dependent care credit; 25
403403 (3) General business credits; 26
404404 (4) Credit for elderly or the disabled; 27
405405 (5) Credit for prior year minimum tax; 28
406406 (6) Mortgage interest credit; 29
407407 (7) Empowerment zone employment credit; 30
408408 (8) Qualified electric vehicle credit. 31
409409 (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, 32
410410 a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island 33
411411 tax imposed under this section if the adopted child was under the care, custody, or supervision of 34
412412
413413
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415415 the Rhode Island department of children, youth and families prior to the adoption. 1
416416 (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits 2
417417 provided there shall be no deduction based on any federal credits enacted after January 1, 1996, 3
418418 including the rate reduction credit provided by the federal Economic Growth and Tax 4
419419 Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be 5
420420 reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax 6
421421 purposes shall determine the Rhode Island amount to be recaptured in the same manner as 7
422422 prescribed in this subsection. 8
423423 (N) Rhode Island earned-income credit. 9
424424 (1) In general. 10
425425 For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-11
426426 income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent 12
427427 (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode 13
428428 Island income tax. 14
429429 For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer 15
430430 entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit 16
431431 equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the 17
432432 amount of the Rhode Island income tax. 18
433433 For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-19
434434 income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half 20
435435 percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the 21
436436 Rhode Island income tax. 22
437437 For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-23
438438 income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) 24
439439 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 25
440440 income tax. 26
441441 For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned-27
442442 income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%) 28
443443 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 29
444444 income tax. 30
445445 (2) Refundable portion. 31
446446 In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this 32
447447 section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall 33
448448 be allowed as follows. 34
449449
450450
451451 LC001550 - Page 13 of 18
452452 (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable 1
453453 earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-2
454454 income credit exceeds the Rhode Island income tax. 3
455455 (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) 4
456456 refundable earned-income credit means one hundred percent (100%) of the amount by which the 5
457457 Rhode Island earned-income credit exceeds the Rhode Island income tax. 6
458458 (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs 7
459459 (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years 8
460460 thereafter for inclusion in the statute. 9
461461 (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode 10
462462 Island taxable income” means federal adjusted gross income as determined under the Internal 11
463463 Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-12
464464 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph 13
465465 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph 14
466466 44-30-2.6(c)(3)(C). 15
467467 (A) Tax imposed. 16
468468 (I) There is hereby imposed on the taxable income of married individuals filing joint 17
469469 returns, qualifying widow(er), every head of household, unmarried individuals, married individuals 18
470470 filing separate returns and bankruptcy estates, a tax determined in accordance with the following 19
471471 table: 20
472472 RI Taxable Income RI Income Tax 21
473473 Over But not over Pay + % on Excess on the amount over 22
474474 $ 0 - $ 55,000 $ 0 + 3.75% $ 0 23
475475 55,000 - 125,000 2,063 + 4.75% 55,000 24
476476 125,000 - 5,388 + 5.99% 125,000 25
477477 (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in 26
478478 accordance with the following table: 27
479479 RI Taxable Income RI Income Tax 28
480480 Over But not over Pay + % on Excess on the amount over 29
481481 $ 0 - $ 2,230 $ 0 + 3.75% $ 0 30
482482 2,230 - 7,022 84 + 4.75% 2,230 31
483483 7,022 - 312 + 5.99% 7,022 32
484484 (B) Deductions: 33
485485 (I) Rhode Island Basic Standard Deduction. 34
486486
487487
488488 LC001550 - Page 14 of 18
489489 Only the Rhode Island standard deduction shall be allowed in accordance with the 1
490490 following table: 2
491491 Filing status: Amount 3
492492 Single $7,500 4
493493 Married filing jointly or qualifying widow(er) $15,000 5
494494 Married filing separately $7,500 6
495495 Head of Household $11,250 7
496496 (II) Nonresident alien individuals, estates and trusts are not eligible for standard 8
497497 deductions. 9
498498 (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island 10
499499 purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand 11
500500 dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. 12
501501 The term “applicable percentage” means twenty (20) percentage points for each five thousand 13
502502 dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable 14
503503 year exceeds one hundred seventy-five thousand dollars ($175,000). 15
504504 (C) Exemption Amount: 16
505505 (I) The term “exemption amount” means three thousand five hundred dollars ($3,500) 17
506506 multiplied by the number of exemptions allowed for the taxable year for federal income tax 18
507507 purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same 19
508508 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 20
509509 Jobs Act (Pub. L. No. 115-97) on December 22, 2017. 21
510510 (II) Exemption amount disallowed in case of certain dependents. In the case of an 22
511511 individual with respect to whom a deduction under this section is allowable to another taxpayer for 23
512512 the same taxable year, the exemption amount applicable to such individual for such individual’s 24
513513 taxable year shall be zero. 25
514514 (III) Identifying information required. 26
515515 (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be 27
516516 allowed under this section with respect to any individual unless the Taxpayer Identification Number 28
517517 of such individual is included on the federal return claiming the exemption for the same tax filing 29
518518 period. 30
519519 (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event 31
520520 that the Taxpayer Identification Number for each individual is not required to be included on the 32
521521 federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer 33
522522 Identification Number must be provided on the Rhode Island tax return for the purpose of claiming 34
523523
524524
525525 LC001550 - Page 15 of 18
526526 said exemption(s). 1
527527 (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island 2
528528 purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand 3
529529 dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term 4
530530 “applicable percentage” means twenty (20) percentage points for each five thousand dollars 5
531531 ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year 6
532532 exceeds one hundred seventy-five thousand dollars ($175,000). 7
533533 (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-8
534534 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 9
535535 equal to: 10
536536 (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) 11
537537 and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; 12
538538 (II) The cost-of-living adjustment with a base year of 2000. 13
539539 (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is 14
540540 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 15
541541 the consumer price index for the base year. The consumer price index for any calendar year is the 16
542542 average of the consumer price index as of the close of the twelve-month (12) period ending on 17
543543 August 31, of such calendar year. 18
544544 (IV) For the purpose of this section the term “consumer price index” means the last 19
545545 consumer price index for all urban consumers published by the department of labor. For the purpose 20
546546 of this section the revision of the consumer price index that is most consistent with the consumer 21
547547 price index for calendar year 1986 shall be used. 22
548548 (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 23
549549 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 24
550550 married individual filing separate return, if any increase determined under this section is not a 25
551551 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 26
552552 of twenty-five dollars ($25.00). 27
553553 (F) Credits against tax. 28
554554 (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on 29
555555 or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be 30
556556 as follows: 31
557557 (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit 32
558558 pursuant to subparagraph 44-30-2.6(c)(2)(N). 33
559559 (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided 34
560560
561561
562562 LC001550 - Page 16 of 18
563563 in § 44-33-1 et seq. 1
564564 (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax 2
565565 credit as provided in § 44-30.3-1 et seq. 3
566566 (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to 4
567567 other states pursuant to § 44-30-74. 5
568568 (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit 6
569569 as provided in § 44-33.2-1 et seq. 7
570570 (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture 8
571571 production tax credit as provided in § 44-31.2-1 et seq. 9
572572 (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of 10
573573 the federal child and dependent care credit allowable for the taxable year for federal purposes; 11
574574 provided, however, such credit shall not exceed the Rhode Island tax liability. 12
575575 (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for 13
576576 contributions to scholarship organizations as provided in chapter 62 of title 44. 14
577577 (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable 15
578578 as if no withholding were required, but any amount of Rhode Island personal income tax actually 16
579579 deducted and withheld in any calendar year shall be deemed to have been paid to the tax 17
580580 administrator on behalf of the person from whom withheld, and the person shall be credited with 18
581581 having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable 19
582582 year of less than twelve (12) months, the credit shall be made under regulations of the tax 20
583583 administrator. 21
584584 (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in 22
585585 RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. 23
586586 (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in 24
587587 § 42-64.20-1 et seq. 25
588588 (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode 26
589589 Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. 27
590590 (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, 28
591591 unused carryforward for such credit previously issued shall be allowed for the historic 29
592592 homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already 30
593593 issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits 31
594594 under the historic homeownership assistance act. 32
595595 (n) Credit against tax for ABLE contributions. An employer shall be allowed a credit 33
596596 against income tax for contributions to an eligible employee’s ABLE account, established pursuant 34
597597
598598
599599 LC001550 - Page 17 of 18
600600 to §42-7.2-20.3, for a maximum credit of two thousand dollars ($2,000) per employee, per year. 1
601601 (2) Except as provided in section 1 above, no other state and federal tax credit shall be 2
602602 available to the taxpayers in computing tax liability under this chapter. 3
603603 SECTION 3. This act shall take effect upon passage. 4
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607607
608608
609609 LC001550 - Page 18 of 18
610610 EXPLANATION
611611 BY THE LEGISLATIVE COUNCIL
612612 OF
613613 A N A C T
614614 RELATING TO TAXATION -- BUSINESS CORPORATION TAX
615615 ***
616616 This act would allow an income tax credit for employer contributions to an eligible 1
617617 employee's ABLE account, for a maximum credit of two thousand dollars ($2,000) per employee, 2
618618 per year. 3
619619 This act would take effect upon passage. 4
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