Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0183 Compare Versions

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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: Senators McKenney, Tikoian, DiPalma, Bissaillon, and Gallo
1717 Date Introduced: February 07, 2025
1818 Referred To: Senate Finance
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal 1
2323 Income Tax" is hereby amended to read as follows: 2
2424 44-30-12. Rhode Island income of a resident individual. 3
2525 (a) General. The Rhode Island income of a resident individual means the individual’s 4
2626 adjusted gross income for federal income tax purposes, with the modifications specified in this 5
2727 section. 6
2828 (b) Modifications increasing federal adjusted gross income. There shall be added to 7
2929 federal adjusted gross income: 8
3030 (1) Interest income on obligations of any state, or its political subdivisions, other than 9
3131 Rhode Island or its political subdivisions; 10
3232 (2) Interest or dividend income on obligations or securities of any authority, commission, 11
3333 or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the 12
3434 extent exempted by the laws of the United States from federal income tax but not from state income 13
3535 taxes; 14
3636 (3) The modification described in § 44-30-25(g); 15
3737 (4)(i) The amount defined below of a nonqualified withdrawal made from an account in 16
3838 the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified 17
3939 withdrawal is: 18
4040 (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal 19
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4444 Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-1
4545 6.1; and 2
4646 (B) A withdrawal or distribution that is: 3
4747 (I) Not applied on a timely basis to pay “qualified higher education expenses” as defined 4
4848 in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made; 5
4949 (II) Not made for a reason referred to in § 16-57-6.1(e); or 6
5050 (III) Not made in other circumstances for which an exclusion from tax made applicable by 7
5151 Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover, 8
5252 withdrawal, or distribution is made within two (2) taxable years following the taxable year for 9
5353 which a contributions modification pursuant to subsection (c)(4) of this section is taken based on 10
5454 contributions to any tuition savings program account by the person who is the participant of the 11
5555 account at the time of the contribution, whether or not the person is the participant of the account 12
5656 at the time of the transfer, rollover, withdrawal, or distribution; 13
5757 (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B) 14
5858 of this section, there shall be added to the federal adjusted gross income of that person for the 15
5959 taxable year of the withdrawal an amount equal to the lesser of: 16
6060 (A) The amount equal to the nonqualified withdrawal reduced by the sum of any 17
6161 administrative fee or penalty imposed under the tuition savings program in connection with the 18
6262 nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the 19
6363 person’s federal adjusted gross income for the taxable year; and 20
6464 (B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of 21
6565 this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less 22
6666 the amount of any nonqualified withdrawal for the two (2) prior taxable years included in 23
6767 computing the person’s Rhode Island income by application of this subsection for those years. Any 24
6868 amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode 25
6969 Island income for residents, nonresidents, and part-year residents; 26
7070 (5) The modification described in § 44-30-25.1(d)(3)(i); 27
7171 (6) The amount equal to any unemployment compensation received but not included in 28
7272 federal adjusted gross income; 29
7373 (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a 30
7474 qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and 31
7575 (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck 32
7676 Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus 33
7777 Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or 34
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8181 any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount 1
8282 of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount 2
8383 of a pass-through entity’s loan forgiveness in excess of $250,000. 3
8484 (c) Modifications reducing federal adjusted gross income. There shall be subtracted 4
8585 from federal adjusted gross income: 5
8686 (1) Any interest income on obligations of the United States and its possessions to the extent 6
8787 includible in gross income for federal income tax purposes, and any interest or dividend income on 7
8888 obligations, or securities of any authority, commission, or instrumentality of the United States to 8
8989 the extent includible in gross income for federal income tax purposes but exempt from state income 9
9090 taxes under the laws of the United States; provided, that the amount to be subtracted shall in any 10
9191 case be reduced by any interest on indebtedness incurred or continued to purchase or carry 11
9292 obligations or securities the income of which is exempt from Rhode Island personal income tax, to 12
9393 the extent the interest has been deducted in determining federal adjusted gross income or taxable 13
9494 income; 14
9595 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1); 15
9696 (3) The amount of any withdrawal or distribution from the “tuition savings program” 16
9797 referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal 17
9898 or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal; 18
9999 (4) Contributions made to an account under the tuition savings program, including the 19
100100 “contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the 20
101101 following limitations, restrictions, and qualifications: 21
102102 (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the 22
103103 taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint 23
104104 return; 24
105105 (ii) The following shall not be considered contributions: 25
106106 (A) Contributions made by any person to an account who is not a participant of the account 26
107107 at the time the contribution is made; 27
108108 (B) Transfers or rollovers to an account from any other tuition savings program account or 28
109109 from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26 29
110110 U.S.C. § 529; or 30
111111 (C) A change of the beneficiary of the account; 31
112112 (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal 32
113113 adjusted gross income to less than zero (0); 33
114114 (iv) The contributions carryover to a taxable year for purpose of this subdivision is the 34
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118118 excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition 1
119119 savings program for all preceding taxable years for which this subsection is effective over the sum 2
120120 of: 3
121121 (A) The total of the subtractions under this subdivision allowable to the taxpayer for all 4
122122 such preceding taxable years; and 5
123123 (B) That part of any remaining contribution carryover at the end of the taxable year which 6
124124 exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable 7
125125 years not included in the addition provided for in this subdivision for those years. Any such part 8
126126 shall be disregarded in computing the contributions carryover for any subsequent taxable year; 9
127127 (v) For any taxable year for which a contributions carryover is applicable, the taxpayer 10
128128 shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax 11
129129 return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a 12
130130 joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a 13
131131 subsequent taxable year, the computation shall reflect how the carryover is being allocated between 14
132132 the prior joint filers; 15
133133 (vi) For tax years beginning on or after January 1, 2026, an individual may subtract from 16
134134 federal adjusted gross income twenty-five percent (25%) of social security income. 17
135135 (vii) For tax years beginning on or after January 1, 2027, an individual may subtract from 18
136136 federal adjusted gross income fifty percent (50%) of social security income. 19
137137 (viii) For tax years beginning on or after January 1, 2028, an individual may subtract from 20
138138 federal adjusted gross income seventy-five percent (75%) of social security income. 21
139139 (ix) For tax years beginning on or after January 1, 2029, an individual may subtract from 22
140140 federal adjusted gross income one hundred percent (100%) of social security income. 23
141141 (5) The modification described in § 44-30-25.1(d)(1); 24
142142 (6) Amounts deemed taxable income to the taxpayer due to payment or provision of 25
143143 insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or 26
144144 other coverage plan; 27
145145 (7) Modification for organ transplantation. 28
146146 (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted 29
147147 gross income if the individual, while living, donates one or more of their human organs to another 30
148148 human being for human organ transplantation, except that for purposes of this subsection, “human 31
149149 organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract 32
150150 modification that is claimed hereunder may be claimed in the taxable year in which the human 33
151151 organ transplantation occurs. 34
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155155 (ii) An individual may claim that subtract modification hereunder only once, and the 1
156156 subtract modification may be claimed for only the following unreimbursed expenses that are 2
157157 incurred by the claimant and related to the claimant’s organ donation: 3
158158 (A) Travel expenses. 4
159159 (B) Lodging expenses. 5
160160 (C) Lost wages. 6
161161 (iii) The subtract modification hereunder may not be claimed by a part-time resident or a 7
162162 nonresident of this state; 8
163163 (8) Modification for taxable Social Security income. 9
164164 (i) For tax years beginning on or after January 1, 2016: 10
165165 (A) For a person who has attained the age used for calculating full or unreduced Social 11
166166 Security retirement benefits who files a return as an unmarried individual, head of household, or 12
167167 married filing separate whose federal adjusted gross income for the taxable year is less than eighty 13
168168 thousand dollars ($80,000); or 14
169169 (B) A married individual filing jointly or individual filing qualifying widow(er) who has 15
170170 attained the age used for calculating full or unreduced Social Security retirement benefits whose 16
171171 joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars 17
172172 ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross 18
173173 income. 19
174174 (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and 20
175175 (c)(8)(i)(B) of this section shall be increased annually by an amount equal to: 21
176176 (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section 22
177177 adjusted for inflation using a base tax year of 2000, multiplied by; 23
178178 (B) The cost-of-living adjustment with a base year of 2000. 24
179179 (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is 25
180180 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 26
181181 the consumer price index for the base year. The consumer price index for any calendar year is the 27
182182 average of the consumer price index as of the close of the twelve-month (12) period ending on 28
183183 August 31, of such calendar year. 29
184184 (iv) For the purpose of this section the term “consumer price index” means the last 30
185185 consumer price index for all urban consumers published by the department of labor. For the purpose 31
186186 of this section the revision of the consumer price index which is most consistent with the consumer 32
187187 price index for calendar year 1986 shall be used. 33
188188 (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 34
189189
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192192 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 1
193193 married individual filing separate return, if any increase determined under this section is not a 2
194194 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 3
195195 of twenty-five dollars ($25.00); 4
196196 (vi) For tax years beginning on or after January 1, 2026, an individual may subtract from 5
197197 federal adjusted gross income twenty-five percent (25%) of social security income. 6
198198 (vii) For tax years beginning on or after January 1, 2027, an individual may subtract from 7
199199 federal adjusted gross income fifty percent (50%) of social security income. 8
200200 (viii) For tax years beginning on or after January 1, 2028, an individual may subtract from 9
201201 federal adjusted gross income seventy-five percent (75%) of social security income. 10
202202 (ix) For tax years beginning on or after January 1, 2029, an individual may subtract from 11
203203 federal adjusted gross income one hundred percent (100%) of social security income. 12
204204 (9) Modification of taxable retirement income from certain pension plans or 13
205205 annuities. 14
206206 (i) For tax years beginning on or after January 1, 2017, until the tax year beginning January 15
207207 1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax 16
208208 years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, a 17
209209 modification shall be allowed for up to twenty thousand dollars ($20,000), and for tax years 18
210210 beginning on or after January 1, 2025, a modification shall be allowed for up to fifty thousand 19
211211 dollars ($50,000), of taxable pension and/or annuity income that is included in federal adjusted 20
212212 gross income for the taxable year: 21
213213 (A) For a person who has attained the age used for calculating full or unreduced Social 22
214214 Security retirement benefits who files a return as an unmarried individual, head of household, or 23
215215 married filing separate whose federal adjusted gross income for such taxable year is less than the 24
216216 amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not 25
217217 to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning 26
218218 January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years 27
219219 beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, and an amount 28
220220 not to exceed fifty thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, 29
221221 of taxable pension and/or annuity income includible in federal adjusted gross income; or 30
222222 (B) For a married individual filing jointly or individual filing qualifying widow(er) who 31
223223 has attained the age used for calculating full or unreduced Social Security retirement benefits whose 32
224224 joint federal adjusted gross income for such taxable year is less than the amount used for the 33
225225 modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000 34
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229229 for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022, 1
230230 and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after 2
231231 January 1, 2023, until the tax year beginning January 1, 2024, and an amount not to exceed fifty 3
232232 thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension 4
233233 and/or annuity income includible in federal adjusted gross income. 5
234234 (ii) Adjustment for inflation. The dollar amount contained by reference in subsections 6
235235 (c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on 7
236236 or after January 1, 2018, by an amount equal to: 8
237237 (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B) 9
238238 of this section adjusted for inflation using a base tax year of 2000, multiplied by; 10
239239 (B) The cost-of-living adjustment with a base year of 2000. 11
240240 (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is 12
241241 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 13
242242 the consumer price index for the base year. The consumer price index for any calendar year is the 14
243243 average of the consumer price index as of the close of the twelve-month (12) period ending on 15
244244 August 31, of such calendar year. 16
245245 (iv) For the purpose of this section, the term “consumer price index” means the last 17
246246 consumer price index for all urban consumers published by the department of labor. For the purpose 18
247247 of this section, the revision of the consumer price index which is most consistent with the consumer 19
248248 price index for calendar year 1986 shall be used. 20
249249 (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 21
250250 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 22
251251 married individual filing a separate return, if any increase determined under this section is not a 23
252252 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 24
253253 of twenty-five dollars ($25.00). 25
254254 (vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by 26
255255 reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in 27
256256 subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in 28
257257 subsection(c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection 29
258258 (c)(8)(i)(B), as adjusted for inflation; 30
259259 (10) Modification for Rhode Island investment in opportunity zones. For purposes of 31
260260 a taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by 32
261261 the taxpayer for at least seven (7) years, a modification to income shall be allowed for the 33
262262 incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and 34
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266266 the federal benefit allowed under 26 U.S.C. § 1400Z-2(c); 1
267267 (11) Modification for military service pensions. 2
268268 (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed 3
269269 as follows: 4
270270 (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal 5
271271 adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted 6
272272 gross income; 7
273273 (ii) As used in this subsection, the term “military service” shall have the same meaning as 8
274274 set forth in 20 C.F.R. § 212.2; 9
275275 (iii) At no time shall the modification allowed under this subsection alone or in conjunction 10
276276 with subsection (c)(9) exceed the amount of the military service pension received in the tax year 11
277277 for which the modification is claimed; 12
278278 (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in 13
279279 gross income for federal tax purposes; and 14
280280 (13) For tax years beginning on or after January 1, 2025, in the case of a taxpayer that is 15
281281 licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any 16
282282 expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under 17
283283 26 U.S.C. § 280E. 18
284284 (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or 19
285285 subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as 20
286286 beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-21
287287 30-17. 22
288288 (e) Partners. The amounts of modifications required to be made under this section by a 23
289289 partner, which relate to items of income or deduction of a partnership, shall be determined under § 24
290290 44-30-15. 25
291291 SECTION 2. This act shall take effect upon passage. 26
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298298 EXPLANATION
299299 BY THE LEGISLATIVE COUNCIL
300300 OF
301301 A N A C T
302302 RELATING TO TAXATION -- PERSONAL INCOME TAX
303303 ***
304304 This act would gradually phase in modifications to federal adjusted gross income over a 1
305305 four (4) year period for social security income, from twenty-five percent (25%) up to one hundred 2
306306 percent (100%), beginning on or after January 1, 2026. 3
307307 This act would take effect upon passage. 4
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