1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | 2025 -- S 0434 |
---|
6 | 6 | | ======== |
---|
7 | 7 | | LC001723 |
---|
8 | 8 | | ======== |
---|
9 | 9 | | S T A T E O F R H O D E I S L A N D |
---|
10 | 10 | | IN GENERAL ASSEMBLY |
---|
11 | 11 | | JANUARY SESSION, A.D. 2025 |
---|
12 | 12 | | ____________ |
---|
13 | 13 | | |
---|
14 | 14 | | A N A C T |
---|
15 | 15 | | RELATING TO TAXATION -- SALES AND USE TAXES -- LIABILITY AND |
---|
16 | 16 | | COMPUTATION |
---|
17 | 17 | | Introduced By: Senators de la Cruz, Rogers, Paolino, Ciccone, Dimitri, and Tikoian |
---|
18 | 18 | | Date Introduced: February 26, 2025 |
---|
19 | 19 | | Referred To: Senate Finance |
---|
20 | 20 | | |
---|
21 | 21 | | |
---|
22 | 22 | | It is enacted by the General Assembly as follows: |
---|
23 | 23 | | SECTION 1. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and 1 |
---|
24 | 24 | | Use Taxes — Liability and Computation" is hereby amended to read as follows: 2 |
---|
25 | 25 | | 44-18-30. Gross receipts exempt from sales and use taxes. 3 |
---|
26 | 26 | | There are exempted from the taxes imposed by this chapter the following gross receipts: 4 |
---|
27 | 27 | | (1) Sales and uses beyond constitutional power of state. From the sale and from the storage, 5 |
---|
28 | 28 | | use, or other consumption in this state of tangible personal property the gross receipts from the sale 6 |
---|
29 | 29 | | of which, or the storage, use, or other consumption of which, this state is prohibited from taxing 7 |
---|
30 | 30 | | under the Constitution of the United States or under the constitution of this state. 8 |
---|
31 | 31 | | (2) Newspapers. 9 |
---|
32 | 32 | | (i) From the sale and from the storage, use, or other consumption in this state of any 10 |
---|
33 | 33 | | newspaper. 11 |
---|
34 | 34 | | (ii) “Newspaper” means an unbound publication printed on newsprint that contains news, 12 |
---|
35 | 35 | | editorial comment, opinions, features, advertising matter, and other matters of public interest. 13 |
---|
36 | 36 | | (iii) “Newspaper” does not include a magazine, handbill, circular, flyer, sales catalog, or 14 |
---|
37 | 37 | | similar item unless the item is printed for, and distributed as, a part of a newspaper. 15 |
---|
38 | 38 | | (3) School meals. From the sale and from the storage, use, or other consumption in this 16 |
---|
39 | 39 | | state of meals served by public, private, or parochial schools, school districts, colleges, universities, 17 |
---|
40 | 40 | | student organizations, and parent-teacher associations to the students or teachers of a school, 18 |
---|
41 | 41 | | |
---|
42 | 42 | | |
---|
43 | 43 | | LC001723 - Page 2 of 19 |
---|
44 | 44 | | college, or university whether the meals are served by the educational institutions or by a food 1 |
---|
45 | 45 | | service or management entity under contract to the educational institutions. 2 |
---|
46 | 46 | | (4) Containers. 3 |
---|
47 | 47 | | (i) From the sale and from the storage, use, or other consumption in this state of: 4 |
---|
48 | 48 | | (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that 5 |
---|
49 | 49 | | are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, 6 |
---|
50 | 50 | | when sold without the contents to persons who place the contents in the container and sell the 7 |
---|
51 | 51 | | contents with the container. 8 |
---|
52 | 52 | | (B) Containers when sold with the contents if the sale price of the contents is not required 9 |
---|
53 | 53 | | to be included in the measure of the taxes imposed by this chapter. 10 |
---|
54 | 54 | | (C) Returnable containers when sold with the contents in connection with a retail sale of 11 |
---|
55 | 55 | | the contents or when resold for refilling. 12 |
---|
56 | 56 | | (D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage 13 |
---|
57 | 57 | | producers who place the alcoholic beverages in the containers. 14 |
---|
58 | 58 | | (ii) As used in this subdivision, the term “returnable containers” means containers of a kind 15 |
---|
59 | 59 | | customarily returned by the buyer of the contents for reuse. All other containers are “non-returnable 16 |
---|
60 | 60 | | containers.” 17 |
---|
61 | 61 | | (5)(i) Charitable, educational, and religious organizations. From the sale to, as in defined 18 |
---|
62 | 62 | | in this section, and from the storage, use, and other consumption in this state, or any other state of 19 |
---|
63 | 63 | | the United States of America, of tangible personal property by hospitals not operated for a profit; 20 |
---|
64 | 64 | | “educational institutions” as defined in subdivision (18) not operated for a profit; churches, 21 |
---|
65 | 65 | | orphanages, and other institutions or organizations operated exclusively for religious or charitable 22 |
---|
66 | 66 | | purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting 23 |
---|
67 | 67 | | leagues and associations and bands for boys and girls under the age of nineteen (19) years; the 24 |
---|
68 | 68 | | following vocational student organizations that are state chapters of national vocational student 25 |
---|
69 | 69 | | organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of 26 |
---|
70 | 70 | | America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers 27 |
---|
71 | 71 | | of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of 28 |
---|
72 | 72 | | America (VICA); organized nonprofit golden age and senior citizens clubs for men and women; 29 |
---|
73 | 73 | | and parent-teacher associations; and from the sale, storage, use, and other consumption in this state, 30 |
---|
74 | 74 | | of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation. 31 |
---|
75 | 75 | | (ii) In the case of contracts entered into with the federal government, its agencies, or 32 |
---|
76 | 76 | | instrumentalities, this state, or any other state of the United States of America, its agencies, any 33 |
---|
77 | 77 | | city, town, district, or other political subdivision of the states; hospitals not operated for profit; 34 |
---|
78 | 78 | | |
---|
79 | 79 | | |
---|
80 | 80 | | LC001723 - Page 3 of 19 |
---|
81 | 81 | | educational institutions not operated for profit; churches, orphanages, and other institutions or 1 |
---|
82 | 82 | | organizations operated exclusively for religious or charitable purposes, the contractor may purchase 2 |
---|
83 | 83 | | such materials and supplies (materials and/or supplies are defined as those that are essential to the 3 |
---|
84 | 84 | | project) that are to be utilized in the construction of the projects being performed under the contracts 4 |
---|
85 | 85 | | without payment of the tax. 5 |
---|
86 | 86 | | (iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, 6 |
---|
87 | 87 | | or organization but shall in that instance provide his or her suppliers with certificates in the form 7 |
---|
88 | 88 | | as determined by the division of taxation showing the reason for exemption and the contractor’s 8 |
---|
89 | 89 | | records must substantiate the claim for exemption by showing the disposition of all property so 9 |
---|
90 | 90 | | purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax 10 |
---|
91 | 91 | | on the property used. 11 |
---|
92 | 92 | | (6) Gasoline. From the sale and from the storage, use, or other consumption in this state 12 |
---|
93 | 93 | | of: (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the 13 |
---|
94 | 94 | | propulsion of airplanes. 14 |
---|
95 | 95 | | (7) Purchase for manufacturing purposes. 15 |
---|
96 | 96 | | (i) From the sale and from the storage, use, or other consumption in this state of computer 16 |
---|
97 | 97 | | software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and 17 |
---|
98 | 98 | | water, when the property or service is purchased for the purpose of being manufactured into a 18 |
---|
99 | 99 | | finished product for resale and becomes an ingredient, component, or integral part of the 19 |
---|
100 | 100 | | manufactured, compounded, processed, assembled, or prepared product, or if the property or 20 |
---|
101 | 101 | | service is consumed in the process of manufacturing for resale computer software, tangible personal 21 |
---|
102 | 102 | | property, electricity, natural gas, artificial gas, steam, refrigeration, or water. 22 |
---|
103 | 103 | | (ii) “Consumed” means destroyed, used up, or worn out to the degree or extent that the 23 |
---|
104 | 104 | | property cannot be repaired, reconditioned, or rendered fit for further manufacturing use. 24 |
---|
105 | 105 | | (iii) “Consumed” includes mere obsolescence. 25 |
---|
106 | 106 | | (iv) “Manufacturing” means and includes: manufacturing, compounding, processing, 26 |
---|
107 | 107 | | assembling, preparing, or producing. 27 |
---|
108 | 108 | | (v) “Process of manufacturing” means and includes all production operations performed in 28 |
---|
109 | 109 | | the producing or processing room, shop, or plant, insofar as the operations are a part of and 29 |
---|
110 | 110 | | connected with the manufacturing for resale of tangible personal property, electricity, natural gas, 30 |
---|
111 | 111 | | artificial gas, steam, refrigeration, or water and all production operations performed insofar as the 31 |
---|
112 | 112 | | operations are a part of and connected with the manufacturing for resale of computer software. 32 |
---|
113 | 113 | | (vi) “Process of manufacturing” does not mean or include administration operations such 33 |
---|
114 | 114 | | as general office operations, accounting, collection, or sales promotion, nor does it mean or include 34 |
---|
115 | 115 | | |
---|
116 | 116 | | |
---|
117 | 117 | | LC001723 - Page 4 of 19 |
---|
118 | 118 | | distribution operations that occur subsequent to production operations, such as handling, storing, 1 |
---|
119 | 119 | | selling, and transporting the manufactured products, even though the administration and 2 |
---|
120 | 120 | | distribution operations are performed by, or in connection with, a manufacturing business. 3 |
---|
121 | 121 | | (8) State and political subdivisions. From the sale to, and from the storage, use, or other 4 |
---|
122 | 122 | | consumption by, this state, any city, town, district, or other political subdivision of this state. Every 5 |
---|
123 | 123 | | redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of 6 |
---|
124 | 124 | | the municipality where it is located. 7 |
---|
125 | 125 | | (9) Food and food ingredients. From the sale and storage, use, or other consumption in this 8 |
---|
126 | 126 | | state of food and food ingredients as defined in § 44-18-7.1(l). 9 |
---|
127 | 127 | | For the purposes of this exemption “food and food ingredients” shall not include candy, 10 |
---|
128 | 128 | | soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending 11 |
---|
129 | 129 | | machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is: 12 |
---|
130 | 130 | | (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311, 13 |
---|
131 | 131 | | except sub-sector 3118 (bakeries); 14 |
---|
132 | 132 | | (ii) Sold in an unheated state by weight or volume as a single item; 15 |
---|
133 | 133 | | (iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries, 16 |
---|
134 | 134 | | donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and 17 |
---|
135 | 135 | | is not sold with utensils provided by the seller, including: plates, knives, forks, spoons, 18 |
---|
136 | 136 | | glasses, cups, napkins, or straws. 19 |
---|
137 | 137 | | (10) Medicines, drugs, and durable medical equipment. From the sale and from the storage, 20 |
---|
138 | 138 | | use, or other consumption in this state, of: 21 |
---|
139 | 139 | | (i) “Drugs” as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and 22 |
---|
140 | 140 | | insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include 23 |
---|
141 | 141 | | over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii). 24 |
---|
142 | 142 | | (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including, 25 |
---|
143 | 143 | | but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent 26 |
---|
144 | 144 | | chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug 27 |
---|
145 | 145 | | delivery pumps that are sold on prescription to individuals to be used by them to dispense or 28 |
---|
146 | 146 | | administer prescription drugs, and related ancillary dressings and supplies used to dispense or 29 |
---|
147 | 147 | | administer prescription drugs, shall also be exempt from tax. 30 |
---|
148 | 148 | | (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the 31 |
---|
149 | 149 | | storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t), 32 |
---|
150 | 150 | | sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses, 33 |
---|
151 | 151 | | and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription; 34 |
---|
152 | 152 | | |
---|
153 | 153 | | |
---|
154 | 154 | | LC001723 - Page 5 of 19 |
---|
155 | 155 | | and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches, 1 |
---|
156 | 156 | | and canes. 2 |
---|
157 | 157 | | (12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the 3 |
---|
158 | 158 | | storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners, 4 |
---|
159 | 159 | | urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial 5 |
---|
160 | 160 | | garments that are ordinarily sold by a funeral director as part of the business of funeral directing. 6 |
---|
161 | 161 | | (13) Motor vehicles sold to nonresidents. 7 |
---|
162 | 162 | | (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident 8 |
---|
163 | 163 | | of this state who does not register the motor vehicle in this state, whether the sale or delivery of the 9 |
---|
164 | 164 | | motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle 10 |
---|
165 | 165 | | sold to a bona fide nonresident whose state of residence does not allow a like exemption to its 11 |
---|
166 | 166 | | nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide 12 |
---|
167 | 167 | | nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed 13 |
---|
168 | 168 | | in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-14 |
---|
169 | 169 | | 20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and 15 |
---|
170 | 170 | | collect the tax required under this subdivision and remit the tax to the tax administrator under the 16 |
---|
171 | 171 | | provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer 17 |
---|
172 | 172 | | is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide 18 |
---|
173 | 173 | | nonresident as provided in this section, the dealer in computing the tax takes into consideration the 19 |
---|
174 | 174 | | law of the state of the nonresident as it relates to the trade-in of motor vehicles. 20 |
---|
175 | 175 | | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may 21 |
---|
176 | 176 | | require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the 22 |
---|
177 | 177 | | tax administrator deems reasonably necessary to substantiate the exemption provided in this 23 |
---|
178 | 178 | | subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the 24 |
---|
179 | 179 | | motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle 25 |
---|
180 | 180 | | registration or a valid out-of-state driver’s license. 26 |
---|
181 | 181 | | (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of 27 |
---|
182 | 182 | | the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or 28 |
---|
183 | 183 | | other consumption in this state, and is subject to, and liable for, the use tax imposed under the 29 |
---|
184 | 184 | | provisions of § 44-18-20. 30 |
---|
185 | 185 | | (14) Sales in public buildings by blind people. From the sale and from the storage, use, or 31 |
---|
186 | 186 | | other consumption in all public buildings in this state of all products or wares by any person 32 |
---|
187 | 187 | | licensed under § 40-9-11.1. 33 |
---|
188 | 188 | | (15) Air and water pollution control facilities. From the sale, storage, use, or other 34 |
---|
189 | 189 | | |
---|
190 | 190 | | |
---|
191 | 191 | | LC001723 - Page 6 of 19 |
---|
192 | 192 | | consumption in this state of tangible personal property or supplies acquired for incorporation into 1 |
---|
193 | 193 | | or used and consumed in the operation of a facility, the primary purpose of which is to aid in the 2 |
---|
194 | 194 | | control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 3 |
---|
195 | 195 | | of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that 4 |
---|
196 | 196 | | purpose by the director of environmental management. The director of environmental management 5 |
---|
197 | 197 | | may certify to a portion of the tangible personal property or supplies acquired for incorporation 6 |
---|
198 | 198 | | into those facilities or used and consumed in the operation of those facilities to the extent that that 7 |
---|
199 | 199 | | portion has as its primary purpose the control of the pollution or contamination of the waters or air 8 |
---|
200 | 200 | | of this state. As used in this subdivision, “facility” means any land, facility, device, building, 9 |
---|
201 | 201 | | machinery, or equipment. 10 |
---|
202 | 202 | | (16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping 11 |
---|
203 | 203 | | accommodations at camps or retreat houses operated by religious, charitable, educational, or other 12 |
---|
204 | 204 | | organizations and associations mentioned in subsection (5), or by privately owned and operated 13 |
---|
205 | 205 | | summer camps for children. 14 |
---|
206 | 206 | | (17) Certain institutions. From the rental charged for living or sleeping quarters in an 15 |
---|
207 | 207 | | institution licensed by the state for the hospitalization, custodial, or nursing care of human beings. 16 |
---|
208 | 208 | | (18) Educational institutions. From the rental charged by any educational institution for 17 |
---|
209 | 209 | | living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations 18 |
---|
210 | 210 | | to any student or teacher necessitated by attendance at an educational institution. “Educational 19 |
---|
211 | 211 | | institution” as used in this section means an institution of learning not operated for profit that is 20 |
---|
212 | 212 | | empowered to confer diplomas, educational, literary, or academic degrees; that has a regular 21 |
---|
213 | 213 | | faculty, curriculum, and organized body of pupils or students in attendance throughout the usual 22 |
---|
214 | 214 | | school year; that keeps and furnishes to students and others records required and accepted for 23 |
---|
215 | 215 | | entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of 24 |
---|
216 | 216 | | which inures to the benefit of any individual. 25 |
---|
217 | 217 | | (19) Motor vehicle and adaptive equipment for persons with disabilities. 26 |
---|
218 | 218 | | (i) From the sale of: (A) Special adaptations; (B) The component parts of the special 27 |
---|
219 | 219 | | adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax 28 |
---|
220 | 220 | | administrator an affidavit of a licensed physician to the effect that the specially adapted motor 29 |
---|
221 | 221 | | vehicle is necessary to transport a family member with a disability or where the vehicle has been 30 |
---|
222 | 222 | | specially adapted to meet the specific needs of the person with a disability. This exemption applies 31 |
---|
223 | 223 | | to not more than one motor vehicle owned and registered for personal, noncommercial use. 32 |
---|
224 | 224 | | (ii) For the purpose of this subsection the term “special adaptations” includes, but is not 33 |
---|
225 | 225 | | limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand 34 |
---|
226 | 226 | | |
---|
227 | 227 | | |
---|
228 | 228 | | LC001723 - Page 7 of 19 |
---|
229 | 229 | | controls, steering devices, extensions, relocations, and crossovers of operator controls, power-1 |
---|
230 | 230 | | assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices 2 |
---|
231 | 231 | | to auditory signals. 3 |
---|
232 | 232 | | (iii) From the sale of: (a) Special adaptations, (b) The component parts of the special 4 |
---|
233 | 233 | | adaptations, for a “wheelchair accessible taxicab” as defined in § 39-14-1, and/or a “wheelchair 5 |
---|
234 | 234 | | accessible public motor vehicle” as defined in § 39-14.1-1. 6 |
---|
235 | 235 | | (iv) For the purpose of this subdivision the exemption for a “specially adapted motor 7 |
---|
236 | 236 | | vehicle” means a use tax credit not to exceed the amount of use tax that would otherwise be due on 8 |
---|
237 | 237 | | the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special 9 |
---|
238 | 238 | | adaptations, including installation. 10 |
---|
239 | 239 | | (20) Heating fuels. From the sale and from the storage, use, or other consumption in this 11 |
---|
240 | 240 | | state of every type of heating fuel. 12 |
---|
241 | 241 | | (21) Electricity and gas. From the sale and from the storage, use, or other consumption in 13 |
---|
242 | 242 | | this state of electricity and gas. 14 |
---|
243 | 243 | | (22) Manufacturing machinery and equipment. 15 |
---|
244 | 244 | | (i) From the sale and from the storage, use, or other consumption in this state of tools, dies, 16 |
---|
245 | 245 | | molds, machinery, equipment (including replacement parts), and related items to the extent used in 17 |
---|
246 | 246 | | an industrial plant in connection with the actual manufacture, conversion, or processing of tangible 18 |
---|
247 | 247 | | personal property, or to the extent used in connection with the actual manufacture, conversion, or 19 |
---|
248 | 248 | | processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 20 |
---|
249 | 249 | | in the standard industrial classification manual prepared by the Technical Committee on Industrial 21 |
---|
250 | 250 | | Classification, Office of Statistical Standards, Executive Office of the President, United States 22 |
---|
251 | 251 | | Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment 23 |
---|
252 | 252 | | used in the furnishing of power to an industrial manufacturing plant. For the purposes of this 24 |
---|
253 | 253 | | subdivision, “industrial plant” means a factory at a fixed location primarily engaged in the 25 |
---|
254 | 254 | | manufacture, conversion, or processing of tangible personal property to be sold in the regular 26 |
---|
255 | 255 | | course of business; 27 |
---|
256 | 256 | | (ii) Machinery and equipment and related items are not deemed to be used in connection 28 |
---|
257 | 257 | | with the actual manufacture, conversion, or processing of tangible personal property, or in 29 |
---|
258 | 258 | | connection with the actual manufacture, conversion, or processing of computer software as that 30 |
---|
259 | 259 | | term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification 31 |
---|
260 | 260 | | manual prepared by the Technical Committee on Industrial Classification, Office of Statistical 32 |
---|
261 | 261 | | Standards, Executive Office of the President, United States Bureau of the Budget, as revised from 33 |
---|
262 | 262 | | time to time, to be sold to the extent the property is used in administration or distribution operations; 34 |
---|
263 | 263 | | |
---|
264 | 264 | | |
---|
265 | 265 | | LC001723 - Page 8 of 19 |
---|
266 | 266 | | (iii) Machinery and equipment and related items used in connection with the actual 1 |
---|
267 | 267 | | manufacture, conversion, or processing of any computer software or any tangible personal property 2 |
---|
268 | 268 | | that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased 3 |
---|
269 | 269 | | from a vendor or machinery and equipment and related items used during any manufacturing, 4 |
---|
270 | 270 | | converting, or processing function is exempt under this subdivision even if that operation, function, 5 |
---|
271 | 271 | | or purpose is not an integral or essential part of a continuous production flow or manufacturing 6 |
---|
272 | 272 | | process; 7 |
---|
273 | 273 | | (iv) Where a portion of a group of portable or mobile machinery is used in connection with 8 |
---|
274 | 274 | | the actual manufacture, conversion, or processing of computer software or tangible personal 9 |
---|
275 | 275 | | property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under 10 |
---|
276 | 276 | | this subdivision even though the machinery in that group is used interchangeably and not otherwise 11 |
---|
277 | 277 | | identifiable as to use. 12 |
---|
278 | 278 | | (23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other 13 |
---|
279 | 279 | | consumption in this state of so much of the purchase price paid for a new or used automobile as is 14 |
---|
280 | 280 | | allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of 15 |
---|
281 | 281 | | the proceeds applicable only to the automobile as are received from the manufacturer of 16 |
---|
282 | 282 | | automobiles for the repurchase of the automobile whether the repurchase was voluntary or not 17 |
---|
283 | 283 | | towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision, 18 |
---|
284 | 284 | | the word “automobile” means a private passenger automobile not used for hire, or a pickup truck 19 |
---|
285 | 285 | | with a gross vehicle weight of under eight thousand eight hundred pounds (8,800 lbs.), and used 20 |
---|
286 | 286 | | exclusively for personal use and does not refer to any other type of motor vehicle. 21 |
---|
287 | 287 | | (24) Precious metal bullion. 22 |
---|
288 | 288 | | (i) From the sale and from the storage, use, or other consumption in this state of precious 23 |
---|
289 | 289 | | metal bullion, substantially equivalent to a transaction in securities or commodities. 24 |
---|
290 | 290 | | (ii) For purposes of this subdivision, “precious metal bullion” means any elementary 25 |
---|
291 | 291 | | precious metal that has been put through a process of smelting or refining, including, but not limited 26 |
---|
292 | 292 | | to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value 27 |
---|
293 | 293 | | depends upon its content and not upon its form. 28 |
---|
294 | 294 | | (iii) The term does not include fabricated precious metal that has been processed or 29 |
---|
295 | 295 | | manufactured for some one or more specific and customary industrial, professional, or artistic uses. 30 |
---|
296 | 296 | | (25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of 31 |
---|
297 | 297 | | fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the 32 |
---|
298 | 298 | | repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use 33 |
---|
299 | 299 | | of the vessels including provisions, supplies, and material for the maintenance and/or repair of the 34 |
---|
300 | 300 | | |
---|
301 | 301 | | |
---|
302 | 302 | | LC001723 - Page 9 of 19 |
---|
303 | 303 | | vessels. 1 |
---|
304 | 304 | | (26) Commercial fishing vessels. From the sale and from the storage, use, or other 2 |
---|
305 | 305 | | consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and 3 |
---|
306 | 306 | | that are used exclusively for “commercial fishing,” as defined in this subdivision, and from the 4 |
---|
307 | 307 | | repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property 5 |
---|
308 | 308 | | purchased for the use of those vessels and other watercraft including provisions, supplies, and 6 |
---|
309 | 309 | | material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, 7 |
---|
310 | 310 | | cables, tackle, and other fishing equipment appurtenant to or used in connection with the 8 |
---|
311 | 311 | | commercial fishing of the vessels and other watercraft. “Commercial fishing” means taking or 9 |
---|
312 | 312 | | attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for 10 |
---|
313 | 313 | | profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence 11 |
---|
314 | 314 | | fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include 12 |
---|
315 | 315 | | vessels and other watercraft with a Rhode Island party and charter boat license issued by the 13 |
---|
316 | 316 | | department of environmental management pursuant to § 20-2-27.1 that meet the following criteria: 14 |
---|
317 | 317 | | (i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry 15 |
---|
318 | 318 | | passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) 16 |
---|
319 | 319 | | U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat 17 |
---|
320 | 320 | | registration to prove Rhode Island home port status; and (iv) The vessel must be used as a 18 |
---|
321 | 321 | | commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be 19 |
---|
322 | 322 | | able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters 20 |
---|
323 | 323 | | or provides documentation of a minimum of one hundred (100) charter trips annually; and (v) The 21 |
---|
324 | 324 | | vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall 22 |
---|
325 | 325 | | implement the provisions of this subdivision by promulgating rules and regulations relating thereto. 23 |
---|
326 | 326 | | (27) Clothing and footwear. From the sales of articles of clothing, including footwear, 24 |
---|
327 | 327 | | intended to be worn or carried on or about the human body for sales prior to October 1, 2012. 25 |
---|
328 | 328 | | Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including 26 |
---|
329 | 329 | | footwear, intended to be worn or carried on or about the human body up to two hundred and fifty 27 |
---|
330 | 330 | | dollars ($250) of the sales price per item. For the purposes of this section, “clothing or footwear” 28 |
---|
331 | 331 | | does not include clothing accessories or equipment or special clothing or footwear primarily 29 |
---|
332 | 332 | | designed for athletic activity or protective use as these terms are defined in § 44-18-7.1(f). In 30 |
---|
333 | 333 | | recognition of the work being performed by the streamlined sales and use tax governing board, 31 |
---|
334 | 334 | | upon passage of any federal law that authorizes states to require remote sellers to collect and remit 32 |
---|
335 | 335 | | sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The 33 |
---|
336 | 336 | | unlimited exemption on sales of clothing and footwear shall take effect on the date that the state 34 |
---|
337 | 337 | | |
---|
338 | 338 | | |
---|
339 | 339 | | LC001723 - Page 10 of 19 |
---|
340 | 340 | | requires remote sellers to collect and remit sales and use taxes. 1 |
---|
341 | 341 | | (28) Water for residential use. From the sale and from the storage, use, or other 2 |
---|
342 | 342 | | consumption in this state of water furnished for domestic use by occupants of residential premises. 3 |
---|
343 | 343 | | (29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes 4 |
---|
344 | 344 | | to Decisions.] From the sale and from the storage, use, or other consumption in the state of any 5 |
---|
345 | 345 | | canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited 6 |
---|
346 | 346 | | to, the Old Testament and the New Testament versions. 7 |
---|
347 | 347 | | (30) Boats. 8 |
---|
348 | 348 | | (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not 9 |
---|
349 | 349 | | register the boat or vessel in this state or document the boat or vessel with the United States 10 |
---|
350 | 350 | | government at a home port within the state, whether the sale or delivery of the boat or vessel is 11 |
---|
351 | 351 | | made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) 12 |
---|
352 | 352 | | days after delivery by the seller outside the state for use thereafter solely outside the state. 13 |
---|
353 | 353 | | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may 14 |
---|
354 | 354 | | require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the 15 |
---|
355 | 355 | | tax administrator deems reasonably necessary to substantiate the exemption provided in this 16 |
---|
356 | 356 | | subdivision, including the affidavit of the seller that the buyer represented himself or herself to be 17 |
---|
357 | 357 | | a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state. 18 |
---|
358 | 358 | | (31) Youth activities equipment. From the sale, storage, use, or other consumption in this 19 |
---|
359 | 359 | | state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island 20 |
---|
360 | 360 | | eleemosynary organizations, for the purposes of youth activities that the organization is formed to 21 |
---|
361 | 361 | | sponsor and support; and by accredited elementary and secondary schools for the purposes of the 22 |
---|
362 | 362 | | schools or of organized activities of the enrolled students. 23 |
---|
363 | 363 | | (32) Farm equipment. From the sale and from the storage or use of machinery and 24 |
---|
364 | 364 | | equipment used directly for commercial farming and agricultural production; including, but not 25 |
---|
365 | 365 | | limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, 26 |
---|
366 | 366 | | balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, 27 |
---|
367 | 367 | | greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and 28 |
---|
368 | 368 | | other farming equipment, including replacement parts appurtenant to or used in connection with 29 |
---|
369 | 369 | | commercial farming and tools and supplies used in the repair and maintenance of farming 30 |
---|
370 | 370 | | equipment. “Commercial farming” means the keeping or boarding of five (5) or more horses or the 31 |
---|
371 | 371 | | production within this state of agricultural products, including, but not limited to, field or orchard 32 |
---|
372 | 372 | | crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production 33 |
---|
373 | 373 | | provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, 34 |
---|
374 | 374 | | |
---|
375 | 375 | | |
---|
376 | 376 | | LC001723 - Page 11 of 19 |
---|
377 | 377 | | whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July 1 |
---|
378 | 378 | | 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I 2 |
---|
379 | 379 | | shall be based on proof of annual, gross sales from commercial farming of at least twenty-five 3 |
---|
380 | 380 | | hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this 4 |
---|
381 | 381 | | subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or 5 |
---|
382 | 382 | | greater. Level II shall be based on proof of annual gross sales from commercial farming of at least 6 |
---|
383 | 383 | | ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption 7 |
---|
384 | 384 | | provided in this subdivision including motor vehicles with an excise tax value of five thousand 8 |
---|
385 | 385 | | dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount 9 |
---|
386 | 386 | | of annual gross sales from commercial farming shall be required for the prior year; for any renewal 10 |
---|
387 | 387 | | of an exemption granted in accordance with this subdivision at either level I or level II, proof of 11 |
---|
388 | 388 | | gross annual sales from commercial farming at the requisite amount shall be required for each of 12 |
---|
389 | 389 | | the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly 13 |
---|
390 | 390 | | indicate the level of the exemption and be valid for four (4) years after the date of issue. This 14 |
---|
391 | 391 | | exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for 15 |
---|
392 | 392 | | a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after 16 |
---|
393 | 393 | | July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for 17 |
---|
394 | 394 | | registration displaying farm plates as provided for in § 31-3-31. 18 |
---|
395 | 395 | | (33) Compressed air. From the sale and from the storage, use, or other consumption in the 19 |
---|
396 | 396 | | state of compressed air. 20 |
---|
397 | 397 | | (34) Flags. From the sale and from the storage, consumption, or other use in this state of 21 |
---|
398 | 398 | | United States, Rhode Island or POW-MIA flags. 22 |
---|
399 | 399 | | (35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor 23 |
---|
400 | 400 | | vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or 24 |
---|
401 | 401 | | the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service 25 |
---|
402 | 402 | | connected or not. The motor vehicle must be purchased by and especially equipped for use by the 26 |
---|
403 | 403 | | qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or 27 |
---|
404 | 404 | | regulations that the tax administrator may prescribe. 28 |
---|
405 | 405 | | (36) Textbooks. From the sale and from the storage, use, or other consumption in this state 29 |
---|
406 | 406 | | of textbooks by an “educational institution,” as defined in subsection (18) of this section, and any 30 |
---|
407 | 407 | | educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor. 31 |
---|
408 | 408 | | (37) Tangible personal property and supplies used in on-site hazardous waste recycling, 32 |
---|
409 | 409 | | reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible 33 |
---|
410 | 410 | | personal property or supplies used or consumed in the operation of equipment, the exclusive 34 |
---|
411 | 411 | | |
---|
412 | 412 | | |
---|
413 | 413 | | LC001723 - Page 12 of 19 |
---|
414 | 414 | | function of which is the recycling, reuse, or recovery of materials (other than precious metals, as 1 |
---|
415 | 415 | | defined in subdivision (24)(ii) of this section) from the treatment of “hazardous wastes,” as defined 2 |
---|
416 | 416 | | in § 23-19.1-4, where the “hazardous wastes” are generated in Rhode Island solely by the same 3 |
---|
417 | 417 | | taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the 4 |
---|
418 | 418 | | taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department 5 |
---|
419 | 419 | | of environmental management certifying that the equipment and/or supplies as used or consumed, 6 |
---|
420 | 420 | | qualify for the exemption under this subdivision. If any information relating to secret processes or 7 |
---|
421 | 421 | | methods of manufacture, production, or treatment is disclosed to the department of environmental 8 |
---|
422 | 422 | | management only to procure an order, and is a “trade secret” as defined in § 28-21-10(b), it is not 9 |
---|
423 | 423 | | open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of 10 |
---|
424 | 424 | | title 28 or chapter 24.4 of title 23. 11 |
---|
425 | 425 | | (38) Promotional and product literature of boat manufacturers. From the sale and from the 12 |
---|
426 | 426 | | storage, use, or other consumption of promotional and product literature of boat manufacturers 13 |
---|
427 | 427 | | shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii) 14 |
---|
428 | 428 | | Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to 15 |
---|
429 | 429 | | customers at no charge. 16 |
---|
430 | 430 | | (39) Food items paid for by food stamps. From the sale and from the storage, use, or other 17 |
---|
431 | 431 | | consumption in this state of eligible food items payment for which is properly made to the retailer 18 |
---|
432 | 432 | | in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977, 19 |
---|
433 | 433 | | 7 U.S.C. § 2011 et seq. 20 |
---|
434 | 434 | | (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-21 |
---|
435 | 435 | | 12-2(12) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed 22 |
---|
436 | 436 | | with the Rhode Island public utilities commission on the number of miles driven or by the number 23 |
---|
437 | 437 | | of hours spent on the job. 24 |
---|
438 | 438 | | (41) Trade-in value of boats. From the sale and from the storage, use, or other consumption 25 |
---|
439 | 439 | | in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-26 |
---|
440 | 440 | | in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only 27 |
---|
441 | 441 | | to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards 28 |
---|
442 | 442 | | the purchase of a new or used boat by the buyer. 29 |
---|
443 | 443 | | (42) Equipment used for research and development. From the sale and from the storage, 30 |
---|
444 | 444 | | use, or other consumption of equipment to the extent used for research and development purposes 31 |
---|
445 | 445 | | by a qualifying firm. For the purposes of this subsection, “qualifying firm” means a business for 32 |
---|
446 | 446 | | which the use of research and development equipment is an integral part of its operation and 33 |
---|
447 | 447 | | “equipment” means scientific equipment, computers, software, and related items. 34 |
---|
448 | 448 | | |
---|
449 | 449 | | |
---|
450 | 450 | | LC001723 - Page 13 of 19 |
---|
451 | 451 | | (43) Coins. From the sale and from the other consumption in this state of coins having 1 |
---|
452 | 452 | | numismatic or investment value. 2 |
---|
453 | 453 | | (44) Farm structure construction materials. Lumber, hardware, and other materials used in 3 |
---|
454 | 454 | | the new construction of farm structures, including production facilities such as, but not limited to: 4 |
---|
455 | 455 | | farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses, 5 |
---|
456 | 456 | | fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms, 6 |
---|
457 | 457 | | machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos, 7 |
---|
458 | 458 | | feed storage sheds, and any other structures used in connection with commercial farming. 8 |
---|
459 | 459 | | (45) Telecommunications carrier access service. Carrier access service or 9 |
---|
460 | 460 | | telecommunications service when purchased by a telecommunications company from another 10 |
---|
461 | 461 | | telecommunications company to facilitate the provision of telecommunications service. 11 |
---|
462 | 462 | | (46) Boats or vessels brought into the state exclusively for winter storage, maintenance, 12 |
---|
463 | 463 | | repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax 13 |
---|
464 | 464 | | imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in 14 |
---|
465 | 465 | | any year up to and including the 30th day of April next succeeding with respect to the use of any 15 |
---|
466 | 466 | | boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility in 16 |
---|
467 | 467 | | this state for storage, including dry storage and storage in water by means of apparatus preventing 17 |
---|
468 | 468 | | ice damage to the hull, maintenance, or repair; (ii) The actual process of storage, maintenance, or 18 |
---|
469 | 469 | | repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or vessel. 19 |
---|
470 | 470 | | (47) Jewelry display product. From the sale and from the storage, use, or other 20 |
---|
471 | 471 | | consumption in this state of tangible personal property used to display any jewelry product; 21 |
---|
472 | 472 | | provided that title to the jewelry display product is transferred by the jewelry manufacturer or seller 22 |
---|
473 | 473 | | and that the jewelry display product is shipped out of state for use solely outside the state and is not 23 |
---|
474 | 474 | | returned to the jewelry manufacturer or seller. 24 |
---|
475 | 475 | | (48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax 25 |
---|
476 | 476 | | imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, 26 |
---|
477 | 477 | | use, or other consumption in this state of any new or used boat. The exemption provided for in this 27 |
---|
478 | 478 | | subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten 28 |
---|
479 | 479 | | percent (10%) surcharge on luxury boats is repealed. 29 |
---|
480 | 480 | | (49) Banks and regulated investment companies interstate toll-free calls. Notwithstanding 30 |
---|
481 | 481 | | the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of 31 |
---|
482 | 482 | | interstate and international, toll-free terminating telecommunication service that is used directly 32 |
---|
483 | 483 | | and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided 33 |
---|
484 | 484 | | that an eligible company employs on average during the calendar year no less than five hundred 34 |
---|
485 | 485 | | |
---|
486 | 486 | | |
---|
487 | 487 | | LC001723 - Page 14 of 19 |
---|
488 | 488 | | (500) “full-time equivalent employees” as that term is defined in § 42-64.5-2. For purposes of this 1 |
---|
489 | 489 | | section, an “eligible company” means a “regulated investment company” as that term is defined in 2 |
---|
490 | 490 | | the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a corporation to the extent the service is 3 |
---|
491 | 491 | | provided, directly or indirectly, to or on behalf of a regulated investment company, an employee 4 |
---|
492 | 492 | | benefit plan, a retirement plan or a pension plan, or a state-chartered bank. 5 |
---|
493 | 493 | | (50) Mobile and manufactured homes generally. From the sale and from the storage, use, 6 |
---|
494 | 494 | | or other consumption in this state of mobile and/or manufactured homes as defined and subject to 7 |
---|
495 | 495 | | taxation pursuant to the provisions of chapter 44 of title 31. 8 |
---|
496 | 496 | | (51) Manufacturing business reconstruction materials. 9 |
---|
497 | 497 | | (i) From the sale and from the storage, use, or other consumption in this state of lumber, 10 |
---|
498 | 498 | | hardware, and other building materials used in the reconstruction of a manufacturing business 11 |
---|
499 | 499 | | facility that suffers a disaster, as defined in this subdivision, in this state. “Disaster” means any 12 |
---|
500 | 500 | | occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of 13 |
---|
501 | 501 | | an operating manufacturing business facility within this state. “Disaster” does not include any 14 |
---|
502 | 502 | | damage resulting from the willful act of the owner of the manufacturing business facility. 15 |
---|
503 | 503 | | (ii) Manufacturing business facility includes, but is not limited to, the structures housing 16 |
---|
504 | 504 | | the production and administrative facilities. 17 |
---|
505 | 505 | | (iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty 18 |
---|
506 | 506 | | percent (60%) provision applies to the damages suffered at that one site. 19 |
---|
507 | 507 | | (iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, 20 |
---|
508 | 508 | | this exemption does not apply. 21 |
---|
509 | 509 | | (52) Tangible personal property and supplies used in the processing or preparation of floral 22 |
---|
510 | 510 | | products and floral arrangements. From the sale, storage, use, or other consumption in this state of 23 |
---|
511 | 511 | | tangible personal property or supplies purchased by florists, garden centers, or other like producers 24 |
---|
512 | 512 | | or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are 25 |
---|
513 | 513 | | ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements 26 |
---|
514 | 514 | | or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers, 27 |
---|
515 | 515 | | plants, floral products, or natural and artificial floral arrangements, including descriptive labels, 28 |
---|
516 | 516 | | stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers, 29 |
---|
517 | 517 | | spray materials, floral paint and tint, plant shine, flower food, insecticide, and fertilizers. 30 |
---|
518 | 518 | | (53) Horse food products. From the sale and from the storage, use, or other consumption 31 |
---|
519 | 519 | | in this state of horse food products purchased by a person engaged in the business of the boarding 32 |
---|
520 | 520 | | of horses. 33 |
---|
521 | 521 | | (54) Non-motorized recreational vehicles sold to nonresidents. 34 |
---|
522 | 522 | | |
---|
523 | 523 | | |
---|
524 | 524 | | LC001723 - Page 15 of 19 |
---|
525 | 525 | | (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to 1 |
---|
526 | 526 | | a bona fide nonresident of this state who does not register the non-motorized recreational vehicle 2 |
---|
527 | 527 | | in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this 3 |
---|
528 | 528 | | state or at the place of residence of the nonresident; provided that a non-motorized recreational 4 |
---|
529 | 529 | | vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to 5 |
---|
530 | 530 | | its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in 6 |
---|
531 | 531 | | that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate 7 |
---|
532 | 532 | | that would be imposed in his or her state of residence not to exceed the rate that would have been 8 |
---|
533 | 533 | | imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized 9 |
---|
534 | 534 | | recreational vehicle dealer shall add and collect the tax required under this subdivision and remit 10 |
---|
535 | 535 | | the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, 11 |
---|
536 | 536 | | that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and 12 |
---|
537 | 537 | | collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide 13 |
---|
538 | 538 | | nonresident as provided in this section, the dealer in computing the tax takes into consideration the 14 |
---|
539 | 539 | | law of the state of the nonresident as it relates to the trade-in of motor vehicles. 15 |
---|
540 | 540 | | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may 16 |
---|
541 | 541 | | require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide 17 |
---|
542 | 542 | | nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption 18 |
---|
543 | 543 | | provided in this subdivision, including the affidavit of a licensed, non-motorized recreational 19 |
---|
544 | 544 | | vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and 20 |
---|
545 | 545 | | had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or 21 |
---|
546 | 546 | | a valid out-of-state driver’s license. 22 |
---|
547 | 547 | | (iii) Any nonresident who registers a non-motorized recreational vehicle in this state within 23 |
---|
548 | 548 | | ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized 24 |
---|
549 | 549 | | recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable 25 |
---|
550 | 550 | | for, the use tax imposed under the provisions of § 44-18-20. 26 |
---|
551 | 551 | | (iv) “Non-motorized recreational vehicle” means any portable dwelling designed and 27 |
---|
552 | 552 | | constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use 28 |
---|
553 | 553 | | that is eligible to be registered for highway use, including, but not limited to, “pick-up coaches” or 29 |
---|
554 | 554 | | “pick-up campers,” “travel trailers,” and “tent trailers” as those terms are defined in chapter 1 of 30 |
---|
555 | 555 | | title 31. 31 |
---|
556 | 556 | | (55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of 32 |
---|
557 | 557 | | sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials 33 |
---|
558 | 558 | | necessary and attendant to the installation of those systems that are required in buildings and 34 |
---|
559 | 559 | | |
---|
560 | 560 | | |
---|
561 | 561 | | LC001723 - Page 16 of 19 |
---|
562 | 562 | | occupancies existing therein in July 2003 in order to comply with any additional requirements for 1 |
---|
563 | 563 | | such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003 2 |
---|
564 | 564 | | and that are not required by any other provision of law or ordinance or regulation adopted pursuant 3 |
---|
565 | 565 | | to that act. The exemption provided in this subdivision shall expire on December 31, 2008. 4 |
---|
566 | 566 | | (56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-5 |
---|
567 | 567 | | 18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other 6 |
---|
568 | 568 | | consumption in this state of any new or used aircraft or aircraft parts. 7 |
---|
569 | 569 | | (57) Renewable energy products. Notwithstanding any other provisions of Rhode Island 8 |
---|
570 | 570 | | general laws, the following products shall also be exempt from sales tax: solar photovoltaic 9 |
---|
571 | 571 | | modules or panels, or any module or panel that generates electricity from light; solar thermal 10 |
---|
572 | 572 | | collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, 11 |
---|
573 | 573 | | sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and 12 |
---|
574 | 574 | | water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold 13 |
---|
575 | 575 | | by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and 14 |
---|
576 | 576 | | manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not 15 |
---|
577 | 577 | | to include materials that could be fabricated into such racks; monitoring and control equipment, if 16 |
---|
578 | 578 | | specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind 17 |
---|
579 | 579 | | energy systems or if required by law or regulation for such systems but not to include pumps, fans 18 |
---|
580 | 580 | | or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral 19 |
---|
581 | 581 | | part of, another item specified on this list; and solar storage tanks that are part of a solar domestic 20 |
---|
582 | 582 | | hot water system or a solar space heating system. If the tank comes with an external heat exchanger 21 |
---|
583 | 583 | | it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax. 22 |
---|
584 | 584 | | (58) Returned property. The amount charged for property returned by customers upon 23 |
---|
585 | 585 | | rescission of the contract of sale when the entire amount exclusive of handling charges paid for the 24 |
---|
586 | 586 | | property is refunded in either cash or credit, and where the property is returned within one hundred 25 |
---|
587 | 587 | | twenty (120) days from the date of delivery. 26 |
---|
588 | 588 | | (59) Dietary supplements. From the sale and from the storage, use, or other consumption 27 |
---|
589 | 589 | | of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions. 28 |
---|
590 | 590 | | (60) Blood. From the sale and from the storage, use, or other consumption of human blood. 29 |
---|
591 | 591 | | (61) Agricultural products for human consumption. From the sale and from the storage, 30 |
---|
592 | 592 | | use, or other consumption of livestock and poultry of the kinds of products that ordinarily constitute 31 |
---|
593 | 593 | | food for human consumption and of livestock of the kind the products of which ordinarily constitute 32 |
---|
594 | 594 | | fibers for human use. 33 |
---|
595 | 595 | | (62) Diesel emission control technology. From the sale and use of diesel retrofit 34 |
---|
596 | 596 | | |
---|
597 | 597 | | |
---|
598 | 598 | | LC001723 - Page 17 of 19 |
---|
599 | 599 | | technology that is required by § 31-47.3-4. 1 |
---|
600 | 600 | | (63) Feed for certain animals used in commercial farming. From the sale of feed for 2 |
---|
601 | 601 | | animals as described in subsection (61) of this section. 3 |
---|
602 | 602 | | (64) Alcoholic beverages. From the sale and storage, use, or other consumption in this 4 |
---|
603 | 603 | | state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and 5 |
---|
604 | 604 | | malt beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to 6 |
---|
605 | 605 | | the contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum 7 |
---|
606 | 606 | | markup. 8 |
---|
607 | 607 | | (65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use, 9 |
---|
608 | 608 | | or other consumption in this state of seeds and plants used to grow food and food ingredients as 10 |
---|
609 | 609 | | defined in § 44-18-7.1(l)(i). “Seeds and plants used to grow food and food ingredients” shall not 11 |
---|
610 | 610 | | include marijuana seeds or plants. 12 |
---|
611 | 611 | | (66) Feminine hygiene products. From the sale and from the storage, use, or other 13 |
---|
612 | 612 | | consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar products 14 |
---|
613 | 613 | | the principal use of which is feminine hygiene in connection with the menstrual cycle. 15 |
---|
614 | 614 | | (67) “Breast pump collection and storage supplies” means items of tangible personal 16 |
---|
615 | 615 | | property used in conjunction with a breast pump to collect milk expressed from a human breast and 17 |
---|
616 | 616 | | to store collected milk until it is ready for consumption. “Breast pump collection and storage 18 |
---|
617 | 617 | | supplies” include, but are not limited to, breast shields and breast shield connectors; breast pump 19 |
---|
618 | 618 | | tubes and tubing adaptors; breast pump valves and membranes; backflow protectors and backflow 20 |
---|
619 | 619 | | protector adaptors; bottles and bottle caps specific to the operation of the breast pump; breast milk 21 |
---|
620 | 620 | | storage bags; and related items sold as part of a breast pump kit pre-packaged by the breast pump 22 |
---|
621 | 621 | | manufacturer. “Breast pump collection and storage supplies” does not include: bottles and bottle 23 |
---|
622 | 622 | | caps not specific to the operation of the breast pump; breast pump travel bags and other similar 24 |
---|
623 | 623 | | carrying accessories, including ice packs, labels, and other similar products, unless sold as part of 25 |
---|
624 | 624 | | a breast pump kit pre-packed by the breast pump manufacturer; breast pump cleaning supplies, 26 |
---|
625 | 625 | | unless sold as part of a breast pump kit pre-packaged by the breast pump manufacturer; nursing 27 |
---|
626 | 626 | | bras, bra pads, breast shells, and other similar products; and creams, ointments, and other similar 28 |
---|
627 | 627 | | products that relieve breastfeeding-related symptoms or conditions of the breasts or nipples. 29 |
---|
628 | 628 | | (68) Trade-in value of motorcycles. From the sale and from the storage, use, or other 30 |
---|
629 | 629 | | consumption in this state of so much of the purchase price paid for a new or used motorcycle as is 31 |
---|
630 | 630 | | allocated for a trade-in allowance on the motorcycle of the buyer given in trade to the seller, or of 32 |
---|
631 | 631 | | the proceeds applicable only to the motorcycle as are received from the manufacturer of 33 |
---|
632 | 632 | | motorcycles for the repurchase of the motorcycle whether the repurchase was voluntary or not 34 |
---|
633 | 633 | | |
---|
634 | 634 | | |
---|
635 | 635 | | LC001723 - Page 18 of 19 |
---|
636 | 636 | | towards the purchase of a new or used motorcycle by the buyer. For the purpose of this subsection, 1 |
---|
637 | 637 | | the word “motorcycle” means a motorcycle not used for hire and does not refer to any other type 2 |
---|
638 | 638 | | of motor vehicle. 3 |
---|
639 | 639 | | SECTION 2. This act shall take effect upon passage. 4 |
---|
640 | 640 | | ======== |
---|
641 | 641 | | LC001723 |
---|
642 | 642 | | ======== |
---|
643 | 643 | | |
---|
644 | 644 | | |
---|
645 | 645 | | LC001723 - Page 19 of 19 |
---|
646 | 646 | | EXPLANATION |
---|
647 | 647 | | BY THE LEGISLATIVE COUNCIL |
---|
648 | 648 | | OF |
---|
649 | 649 | | A N A C T |
---|
650 | 650 | | RELATING TO TAXATION -- SALES AND USE TAXES -- LIABILITY AND |
---|
651 | 651 | | COMPUTATION |
---|
652 | 652 | | *** |
---|
653 | 653 | | This act would exempt the trade-in value of pickup trucks under eight thousand eight 1 |
---|
654 | 654 | | hundred pounds (8,800 lbs.) gross weight, used exclusively for personal use, from sales tax. 2 |
---|
655 | 655 | | This act would take effect upon passage. 3 |
---|
656 | 656 | | ======== |
---|
657 | 657 | | LC001723 |
---|
658 | 658 | | ======== |
---|
659 | 659 | | |
---|