reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-2.2. - Gross earnings of certain corporations and public service companies.

§ 44-13-2.2. Gross earnings of certain corporations and public service companies.
(a)
A corporation or public service company whose principal business in this state is not an activity enumerated in § 44-13-4 but engages in that activity in this state, shall be subject to tax pursuant to this chapter as measured by the gross earnings derived from the activity in this state and computed at the rates set forth in § 44-13-4. The corporation or public service company shall also be subject to the tax imposed pursuant to chapter 11 or 30 of this title; provided, that the gross earnings subject to tax pursuant to this section and direct and indirect costs associated with these shall be excluded from the calculation of net income subject to tax pursuant to chapter 11 or 30 of this title.
(b)
These corporations or public service companies shall maintain records that substantiate proper calculation of net income subject to tax pursuant to chapter 11 or 30 of this title and shall also maintain records of gross earnings subject to tax pursuant to this section and records of associated costs.
History of Section.
P.L. 1997, ch. 357, § 7.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-3. - Minimum tax.

§ 44-13-3. Minimum tax.
The tax imposed upon any corporation under the provisions of §§ 44-13-1 and 44-13-2 shall not be less than one hundred dollars ($100).
History of Section.
P.L. 1942, ch. 1212, art. 6, § 1; G.L. 1956, § 44-13-3; P.L. 1978, ch. 163, § 1; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-5. - Deductions for merchandise sales and alternative fuel.

§ 44-13-5. Deductions for merchandise sales and alternative fuel.
(a)
In the case of every corporation whose principal business is manufacturing, selling, and distributing to the public illuminating or heating gas, and upon which a tax is imposed under § 44-13-4(5), and in the case of every corporation upon which a tax is imposed under § 44-13-4(2), there shall be allowed as a deduction from the gross earnings from merchandise sales reported by that corporation in its gross earnings tax returns, the net invoice price plus the transportation cost of the merchandise.
(b)
In the case of every corporation upon which a tax is imposed under § 44-13-4 there shall be allowed as a deduction from the gross earnings from sales reported by the corporation in its gross earnings tax returns, the total of gross earnings from the sale of alternative fuel as defined pursuant to the Energy Policy Act of 1992 (P.L. 102-486, Section 301 (42 U.S.C. § 13211)) when used as a separately metered motor fuel that powers a motor vehicle, from January 1, 1998, until December 31, 2007.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 2; P.L. 1947, ch. 1887, art. 6, § 1; G.L. 1956, § 44-13-5; P.L. 1978, ch. 163, § 1; P.L. 1997, ch. 168, § 3; P.L. 2003, ch. 124, § 2; P.L. 2003, ch. 135, § 2; P.L. 2003, ch. 137, § 2.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-6. - Due date of annual return.

§ 44-13-6. Due date of annual return.
Every corporation shall file a return with the tax administrator on or before March 1 of each year. For tax years beginning after December 31, 2015, a return, in the form and containing the information as the tax administrator may prescribe, shall be filed with the tax administrator by every corporation and shall be filed on or before the date its federal tax return is due to be filed, without regard to extension.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 3; G.L. 1956, § 44-13-6; P.L. 1960, ch. 3, § 1; P.L. 1985, ch. 181, art. 62, § 1; P.L. 2016, ch. 142, art. 13, § 11.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-7. - Extension of time for filing of returns.

§ 44-13-7. Extension of time for filing of returns.
The tax administrator may grant a reasonable extension of time for filing returns, under rules and regulations as he or she shall prescribe, with the approval of the director of revenue. Whenever an extension of time is granted, a corporation shall be required to pay as part of any tax due interest at the annual rate prescribed by § 44-1-7 from the day when the return should have been filed as if no extension had been granted.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 3; G.L. 1956, § 44-13-7; P.L. 1985, ch. 181, art. 62, § 1; P.L. 1992, ch. 388, § 3; P.L. 2008, ch. 98, § 39; P.L. 2008, ch. 145, § 39.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-8. - Statements, returns, and rules and regulations.

§ 44-13-8. Statements, returns, and rules and regulations.
(a)
Every corporation shall render statements, make returns, and comply with rules and regulations as the tax administrator, with the approval of the director of revenue, may from time to time prescribe.
(b)
The tax administrator may, whenever in his or her judgment it is necessary, require any corporation, by notice served upon it, to make a return or render statements as the tax administrator deems necessary in determining the liability of any corporation to a tax under this chapter.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 4; G.L. 1956, § 44-13-8; P.L. 1985, ch. 181, art. 62, § 1; P.L. 2008, ch. 98, § 39; P.L. 2008, ch. 145, § 39.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-9. - Entire gross earnings of business wholly within state.

§ 44-13-9. Entire gross earnings of business wholly within state.
In the case of every corporation carrying on business wholly within this state, its entire gross earnings from its operation for the preceding calendar year, or for the portion of the year that the corporation has carried on business, shall be apportioned to this state.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 5; G.L. 1956, § 44-13-9; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-11. - Liability of fiduciaries.

§ 44-13-11. Liability of fiduciaries.
Any receiver, liquidator, trustee, assignee, conservator, or other fiduciary conducting or liquidating the business or selling the assets of any corporation shall be subject to the provisions of and the tax imposed by this chapter in the same manner and to the same extent as if the business were being conducted or liquidated or the assets sold by the agents or officers of the corporation.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 15; G.L. 1956, § 44-13-11; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-12. - Intangibles exempt from taxation — Corporation whose property is operated by another.

§ 44-13-12. Intangibles exempt from taxation — Corporation whose property is operated by another.
Except as provided in any act of incorporation, the intangible property of any corporation liable to a tax under this chapter and the intangible property and gross earnings of any corporation the property of which is operated in this state by the first corporation shall be exempt from taxation.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 6; G.L. 1956, § 44-13-12; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-13.1. - Personal property tax — Application of aggrieved party for hearing.

§ 44-13-13.1. Personal property tax — Application of aggrieved party for hearing.
Any company aggrieved by any action in determining the amount of any tax or assessment imposed by the provisions of § 44-13-13 may apply in writing to the tax administrator within thirty (30) days of the mailing of the notice of tax or assessment for a hearing in accordance with chapter 35 of title 42; provided, that the request shall not be valid unless the tax or assessment as set forth in the notice has been paid.
History of Section.
P.L. 1981, ch. 200, § 2; P.L. 1982, ch. 19, § 2; P.L. 1993, ch. 459, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-13.2. - Personal property tax — Application to recover.

§ 44-13-13.2. Personal property tax — Application to recover.
Companies, which become subject to personal property taxes by reason of the tax imposed by § 44-13-13 may file with the public utilities commission to recover the additional tax expense. The commission shall make a decision upon any application filed during the year 1982 within one hundred and eighty (180) days of the filing; provided, that payment of all taxes and interest due under § 44-13-13 shall be a condition precedent to the filing with the public utilities commission.
History of Section.
P.L. 1981, ch. 200, § 2; P.L. 1982, ch. 19, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-14. - Exemption of securities from taxation.

§ 44-13-14. Exemption of securities from taxation.
The owners of shares of stock, bonds, debentures, and other evidences of indebtedness of any corporation liable to a tax under this chapter and of any corporation the property of which is operated in this state by any corporation shall be exempt from taxation in this state thereon.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 6; G.L. 1956, § 44-13-14; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-15. - Determination and payment of tax.

§ 44-13-15. Determination and payment of tax.
Any tax imposed under the terms of this chapter shall be due and payable upon the last day upon which a return must be filed under the provisions of §§ 44-13-6 and 44-13-7. Upon the filing of the return, the full amount of any tax, as computed by the corporation, shall be paid to the tax administrator. As soon as practicable after the return is filed, the tax administrator shall examine it and determine the correct amount of the tax, and, if an additional tax is due, the tax administrator shall notify the corporation, and the tax shall be paid within thirty (30) days after the mailing of the notice. The failure of the corporation to receive any notice required by this section shall not relieve it of the obligation to pay any tax imposed under the terms of this chapter or any interest or penalties.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 7; G.L. 1956, § 44-13-15; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-16. - Claim for refund — Hearing upon denial.

§ 44-13-16. Claim for refund — Hearing upon denial.
(a)
Any corporation may file a claim for refund with the tax administrator at any time within two (2) years after the tax has been paid. If the tax administrator determines that the corporation has paid a tax in excess of the amount lawfully due, he or she shall allow a refund or permit a credit. If the tax administrator shall determine that the excess payment was made in good faith, the tax administrator may make the refund with interest at the annual rate provided by § 44-1-7.1 from the date of the excess payment.
(b)
Any corporation whose claim for refund has been denied may, within thirty (30) days from the date of the mailing by the tax administrator of the notice of the decision, request a hearing and the tax administrator shall, as soon as practicable, set a time and place for the hearing and shall notify the applicant.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 7; G.L. 1956, § 44-13-16; P.L. 1985, ch. 181, art. 62, § 1; P.L. 1987, ch. 57, art. 3, § 1; P.L. 1992, ch. 388, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-17. - Interest on delinquent payments.

§ 44-13-17. Interest on delinquent payments.
If any tax imposed by this chapter is not paid when due, the corporation shall be required to pay as part of the tax interest on the tax at the annual rate provided by § 44-1-7 from that time.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 7; G.L. 1956, § 44-13-17; P.L. 1985, ch. 181, art. 62, § 1; P.L. 1992, ch. 388, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-18. - Lien on real estate.

§ 44-13-18. Lien on real estate.
The amount of any tax, penalty, and interest charge imposed upon any corporation under the provisions of this chapter shall, until collected, constitute a lien upon the corporation’s real estate located in this state, and the lien shall take precedence over any other lien or encumbrance on the real estate.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 7; G.L. 1956, § 44-13-18; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-19. - Supplemental returns.

§ 44-13-19. Supplemental returns.
Any corporation which shall fail to include in its return any items of gross earnings or any other information required by this chapter or by prescribed regulations, shall make a supplemental return disclosing these facts. Upon the filing of a supplemental return, the tax administrator shall examine the return and shall determine any additional tax that may be due and shall notify the corporation of the additional tax.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 8; G.L. 1956, § 44-13-19; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-20. - Power to summon witnesses.

§ 44-13-20. Power to summon witnesses.
The tax administrator may summon any corporation, or officer, agent, or employee of the corporation, or any other person to appear before the tax administrator and produce records and documents at a time and place named in the summons and to give testimony and to answer interrogatories, under oath, respecting any matter which the tax administrator deems pertinent or material to the administration of this chapter.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 9; G.L. 1956, § 44-13-20; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-21. - Service of summons.

§ 44-13-21. Service of summons.
The summons may be sent by registered or certified mail to the corporation or any officer, agent, or employee of the corporation, or to any other person, or may be left by any authorized agent of the tax administrator with the corporation, or with any officer, agent, or employee of the corporation, or any other person, or left at his or her last and usual place of abode. When the summons requires the production of records or documents, it shall be sufficient if the records and documents are described with reasonable certainty.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 9; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 44-13-21; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-22. - Enforcement of summons.

§ 44-13-22. Enforcement of summons.
Whenever any person or corporation summoned under the provisions of §§ 44-13-20 and 44-13-21 neglects or refuses to obey the summons or to give testimony or to answer interrogatories as required, the tax administrator may apply to the sixth (6th) division of the district court for a citation against the person or corporation as for a contempt. Any judge of the court may hear the application and, if satisfactory proof is made, shall issue a citation for the arrest of the person, or of any officer of the corporation. Upon the person or officer being brought before the judge, he or she shall proceed to a hearing of the case. Upon the hearing, the judge shall have power to make an order as he or she shall deem proper. A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 9; G.L. 1956, § 44-13-22; P.L. 1976, ch. 140, § 23; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-23. - Determination of tax without return.

§ 44-13-23. Determination of tax without return.
If any corporation fails to file a return at the time prescribed by law, the tax administrator shall proceed to determine the tax from any information he or she can obtain.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 10; G.L. 1956, § 44-13-23; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-24. - Pecuniary penalty for failure to file return.

§ 44-13-24. Pecuniary penalty for failure to file return.
In case of any failure to file a return within the time prescribed by law, there shall be added to the tax five percent (5%) if the failure is for not more than thirty (30) days with an additional five percent (5%) for each additional thirty (30) days or fraction of the days during which the failure continues, not exceeding twenty-five percent (25%) in the aggregate, except that when a return is filed after the time prescribed by law and it is shown that the failure to file the return at the prescribed time was due to reasonable cause and not due to willfull neglect, no addition to the tax shall be made.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 10; G.L. 1956, § 44-13-24.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-25. - Pecuniary penalty for false return.

§ 44-13-25. Pecuniary penalty for false return.
In case a false or fraudulent return is made with intent to evade any tax imposed by this chapter the tax administrator shall add to the tax fifty percent (50%) of its amount.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 10; G.L. 1956, § 44-13-25.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-26. - Collection of pecuniary penalties.

§ 44-13-26. Collection of pecuniary penalties.
The amount added to any tax under §§ 44-13-24 and 44-13-25 shall be collected as a part of and at the same time and in the same manner as the tax unless the tax has been paid before the discovery of the neglect, falsity, or fraud, in which case the amount added shall be collected in the same manner as the tax.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 10; G.L. 1956, § 44-13-26.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-27. - Examination of records and witnesses.

§ 44-13-27. Examination of records and witnesses.
The tax administrator, for the purpose of ascertaining the correctness of any return or for the purpose of determining the amount of any tax imposed by this chapter, may, by any of his or her officers or employees designated by him or her for that purpose, examine any books, papers, records, or memoranda bearing upon the matters required to be included in the return, and may require the attendance of the person executing the return or of any officer or employee of any corporation or the attendance of any other person, and may examine him or her, under oath, respecting any matter which the tax administrator deems pertinent or material in determining the liability of any corporation to a tax imposed by this chapter.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 11; G.L. 1956, § 44-13-27; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-28. - Penalty for violations by corporation.

§ 44-13-28. Penalty for violations by corporation.
Whenever any corporation delivers or discloses or causes to be delivered or disclosed to the tax administrator any false or fraudulent return, account, or statement, with intent to defeat or evade any tax imposed under this chapter, or being duly summoned to appear to testify or to appear and produce books as required under this chapter, neglects to appear or to produce books, the corporation shall be fined not exceeding ten thousand dollars ($10,000).
History of Section.
P.L. 1942, ch. 1212, art. 6, § 12; G.L. 1956, § 44-13-28; P.L. 1985, ch. 181, art. 62, § 1; P.L. 1986, ch. 103, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-29. - Penalty for violations by individuals.

§ 44-13-29. Penalty for violations by individuals.
Whenever any person delivers or discloses or causes to be delivered or disclosed to the tax administrator any false or fraudulent return, account, or statement, with intent to defeat or evade any tax imposed under this chapter, or being summoned to appear to testify or to appear and produce books as required under this chapter, neglects to appear or to produce books, the person shall be fined not exceeding ten thousand dollars ($10,000), or be imprisoned not exceeding one year or both.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 12; G.L. 1956, § 44-13-29; P.L. 1986, ch. 103, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-30. - Penalty for failure to file return or statement.

§ 44-13-30. Penalty for failure to file return or statement.
If any return or statement, including a supplemental return, required to be made under the provisions of this chapter is not made within the time fixed or extended, the corporation or any officer or agent of the corporation neglecting or refusing to make the return or statement shall be fined not exceeding ten thousand dollars ($10,000).
History of Section.
P.L. 1942, ch. 1212, art. 6, § 12; G.L. 1956, § 44-13-30; P.L. 1986, ch. 103, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-31. - Hearing on application by corporation.

§ 44-13-31. Hearing on application by corporation.
Any corporation aggrieved by the action of the tax administrator in determining the amount of any tax or penalty imposed under the provisions of this chapter may apply to the tax administrator, in writing, within thirty (30) days after the notice of the action is mailed to it, for a hearing relative to the tax or penalty. The tax administrator shall fix a time and place for the hearing and shall notify the applicant. Upon the hearing the tax administrator shall correct manifest errors, if any, disclosed at the hearing and assess and collect the tax lawfully due together with any penalty or interest.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 13; G.L. 1956, § 44-13-31; P.L. 1962, ch. 100, § 1; P.L. 1985, ch. 181, art. 62, § 1; P.L. 1993, ch. 459, § 3.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-32. - Appeals.

§ 44-13-32. Appeals.
Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth (6th) division district court pursuant to chapter 8 of title 8. The taxpayer’s right to appeal under this section shall be expressly made conditional upon prepayment of all taxes, interest, and penalties unless the taxpayer moves for and is granted an exemption from the prepayment requirement pursuant to § 8-8-26. If the court, after appeal, holds that the taxpayer is entitled to a refund, the taxpayer shall also be paid interest on the amount at the rate provided in § 44-1-7.1.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 14; G.L. 1956, § 44-13-32; P.L. 1976, ch. 140, § 23; P.L. 1982, ch. 338, §§ 3, 9; P.L. 1984, ch. 183, § 4.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-33. - Collection by writ of execution.

§ 44-13-33. Collection by writ of execution.
If any tax or penalty imposed by this chapter shall not be paid within thirty (30) days after the tax or penalty shall become due and payable, the tax administrator, in addition to any other powers provided by law, may petition the sixth (6th) division of the district court for a writ of execution, setting forth the nonpayment of the tax or penalty. The court shall appoint a time for a hearing and shall cause a reasonable notice of the hearing to be given to the adverse party, and at the time and place of the return of the notice shall proceed summarily to hear the parties. If upon the hearing it shall appear that the tax or penalty is unpaid, the court shall issue an execution for the collection of the tax or penalty, which shall run to the sheriffs, or their deputies, of the several counties of this state, and in which the officer making service of the execution shall be commanded to levy upon the property of the corporation as may be taken on execution. The officer charged with the service of the execution shall serve the execution as commanded, and shall sell the property seized as property is sold when taken on execution in actions at law, or the court shall take other action as it may deem proper to enforce the payment of the tax by the appointment of a receiver of the property of the corporation, or otherwise. A party aggrieved by a final order of the court may seek review of the order in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16.
History of Section.
P.L. 1942, ch. 1212, art. 6, § 16; G.L. 1956, § 44-13-33; P.L. 1976, ch. 140, § 23; P.L. 1985, ch. 181, art. 62, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-34. - Severability.

§ 44-13-34. Severability.
The provisions of this chapter are declared to be severable. In case any part, section, or provision of this chapter is held void by any court of competent jurisdiction, the remaining parts, sections, and provisions of the chapter shall not be impaired or affected.
History of Section.
P.L. 1989, ch. 130, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-35. - Gross earnings exempt from the public service corporation tax.

§ 44-13-35. Gross earnings exempt from the public service corporation tax.
Notwithstanding the provisions of §§ 44-13-1 and 44-13-4, the gross earnings from the sale and from the storage, use or other consumption in this state of electricity and natural gas when purchased for the purpose of being manufactured into a finished product for resale, as further defined by § 44-18-30(7), are subject to the following public service corporation tax rates:
(1)
In the case of every corporation whose principal business is manufacturing, selling, distributing and/or transmitting currents of electricity to be used for light, heat, or motive power, three percent (3%) of those gross earnings effective July 1, 1994; provided, that the rate shall be two percent (2%) effective July 1, 1995, one percent (1%) July 1, 1996, and zero percent (0%) effective July 1, 1997.
(2)
In the case of every corporation whose principal business is manufacturing, selling and/or distributing to the public illuminating or heating gas, two percent (2%) of those gross earnings effective July 1, 1994; provided, that the rate shall be one percent (1%) effective July 1, 1995, and zero percent (0%) effective July 1, 1996.
History of Section.
P.L. 1994, ch. 70, art. 14, § 1; P.L. 1997, ch. 357, § 8.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-36. - Public service corporation tax included in utility rates.

§ 44-13-36. Public service corporation tax included in utility rates.
Every corporation whose principal business is manufacturing, selling, distributing and/or transmitting electricity or heating gas shall directly reflect in its rates charged for the electricity or gas used in the manufacturing process, as defined in § 44-18-30(7), the actual public service corporation tax rates in effect for those sales of electricity and gas.
History of Section.
P.L. 1994, ch. 70, art. 14, § 1; P.L. 1997, ch. 357, § 8.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-1. - Repealed.

§ 44-13.1-1. Repealed.
History of Section.
P.L. 1985, ch. 470, § 1; P.L. 1987, ch. 261, § 1; Repealed by § 44-13.1-7, effective July 1, 1989.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-2. - Assessment of amounts of tax and payments to cities and towns and fire districts.

§ 44-13.1-2. Assessment of amounts of tax and payments to cities and towns and fire districts.
(a)
Cities and towns and fire districts shall assess the property described in § 44-13.1-1(b) [repealed] and shall apply a tax rate to the assessed value in a manner consistent with property subject to taxation under the provisions of §§ 44-5-1 — 44-5-22.
(b)
The amount of the tax on the property computed shall be submitted on or before October 1, 1985, and each year thereafter to the state budget offices.
(c)
The state budget offices shall include the amount of the tax in the state budget for the next fiscal year, and the General Assembly shall annually appropriate to the several cities and towns and fire districts any sum that may be necessary to carry out the purposes of this section.
(d)
Distribution of the appropriations and receipts as referenced in § 44-13.1-3 shall be made by the state on or before July 31 of 1986 and each year thereafter and the payments may be counted as a receivable by any city or town or fire district for a fiscal year ending the preceding June 30.
(e)
The state of Rhode Island acting through the department of revenue shall have the right in accordance with § 44-5-26 to seek relief from any assessment.
History of Section.
P.L. 1985, ch. 470, § 1; P.L. 1986, ch. 287, art. 18, § 1; P.L. 1987, ch. 205, § 1; P.L. 1987, ch. 261, § 1; P.L. 2008, ch. 98, § 40; P.L. 2008, ch. 145, § 40.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-3. - Payment in lieu of taxes.

§ 44-13.1-3. Payment in lieu of taxes.
(a)
Within thirty (30) days after the end of the state’s fiscal year ending June 30, 1986 and within thirty (30) days after the end of each fiscal year thereafter, each corporation operating a railroad and carrying on business for profit in this state shall make a payment to the state in lieu of the taxes from which the corporation is exempted under § 44-13.1-1 [repealed]. The payment shall be in an amount equal to the sum of:
(i)
The property taxes which would otherwise have been payable, without penalty or interest, by the corporation to municipalities and fire districts within the state during the fiscal year; and
(ii)
All taxes otherwise payable to the state and based on the corporations’ income during the fiscal year, provided, that the payments provided for in this section shall be reduced by the following percentages:
(A)
Payment due within thirty (30) days after the end of the fiscal year ending June 30, 1986: twenty-five percent (25%).
(B)
Payment due within thirty (30) days after the end of the fiscal year ending June 30, 1987: fifty percent (50%).
(C)
Payment due within thirty (30) days after the end of the fiscal year ending June 30, 1988: seventy-five percent (75%).
(D)
Payment due within thirty (30) days after the end of the fiscal year ending June 30, 1989: one hundred percent (100%).
(b)
From the payments received from the corporations pursuant to the provisions of subsection (a) (i), an account in the general fund is created, the proceeds of which are restricted to the distribution of funds to the several cities and towns and fire districts as outlined in § 44-13.1-2.
History of Section.
P.L. 1985, ch. 470, § 1; P.L. 1986, ch. 287, art. 18, § 1; P.L. 1987, ch. 205, § 1; P.L. 1987, ch. 261, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-4. - Restriction on abandonments.

§ 44-13.1-4. Restriction on abandonments.
No railroad corporation shall be eligible to the tax exemption provided for in § 44-13.1-1 [repealed] if it shall abandon rail freight service during the period July 1, 1985 to June 30, 1989, and eligibility for the exemption shall only be granted upon the receipt by the tax administrator of a certificate from a railroad corporation that no abandonment shall occur during the period specified in this section.
History of Section.
P.L. 1985, ch. 470, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-5. - Repeal of inconsistent acts.

§ 44-13.1-5. Repeal of inconsistent acts.
All acts or parts of acts inconsistent with this chapter are repealed.
History of Section.
P.L. 1985, ch. 470, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-6. - Repealed.

§ 44-13.1-6. Repealed.
History of Section.
P.L. 1985, ch. 470, § 1; P.L. 1986, ch. 123, § 1; P.L. 1987, ch. 208, § 1; Repealed by § 44-13.1-7, effective July 1, 1989.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13.1 - Taxation of Railroad Corporations › Section 44-13.1-7. - Repeal of exemption and study commission provisions.

§ 44-13.1-7. Repeal of exemption and study commission provisions.
Sections 44-13.1-1 and 44-13.1-6 are repealed effective July 1, 1989; provided, that payments due cities and towns and fire districts for the period ending June 30, 1989 shall be made prior to July 31, 1989 as provided in § 44-13.1-2.
History of Section.
P.L. 1985, ch. 470, § 1; P.L. 1987, ch. 261, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-1. - Short title.

§ 44-14-1. Short title.
This chapter may be designated as the “Bank Tax Act”.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 1; G.L. 1956, § 44-14-1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-2. - Definitions.

§ 44-14-2. Definitions.
For the purposes of this chapter:
(1)
“Administrator” means the tax administrator in the department of revenue appointed under the provisions of § 44-1-1;
(2)
“Banking institution” means every state bank, federal savings bank, trust company, national banking association, mutual savings bank, building and loan association, and loan and investment company, but shall not include a credit union, or a corporation specified in § 44-11-1(4)(i);
(3)
“Director” means the head of the department of revenue appointed under the provisions of § 42-142-1;
(4)
“Income period” means the calendar year or the fiscal year, or portion, next preceding the taxable year;
(5)
“Securities” includes, but shall not be limited to:
(i)
Shares of stock or certificates of beneficial interest, or rights to buy the shares or certificates, of a corporation, joint-stock company, association, or business trust;
(ii)
Bonds, debentures, notes, certificates, or other evidences of indebtedness of any individual, partnership, corporation, joint-stock company, association, or business trust, including those issued by the United States government or any state, or political subdivision of either, or issued by any foreign country or nation or political subdivision thereof;
(6)
“Taxable year” means the calendar year in which the tax is payable or fiscal year ending during that calendar year, upon the basis of which the tax is computed under this chapter. “Taxable year” means, in the case of a return made for a fractional part of the year under provisions of this chapter or under regulations prescribed by the tax administrator, the period for which the return is made. The term “fiscal year” means an accounting period of twelve (12) months ending on the last day of any month other than December. The taxable year of a banking institution shall be the same for purposes of this chapter as it is for federal income tax purposes;
(7)
“Taxpayer” means any banking institution subject to any tax imposed by this chapter.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 2; P.L. 1943, ch. 1341, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 44-14-2; P.L. 1987, ch. 174, § 2; P.L. 1989, ch. 378, § 1; P.L. 1994, ch. 93, § 2; P.L. 1995, ch. 370, art. 34, § 1; P.L. 2008, ch. 98, § 41; P.L. 2008, ch. 145, § 41.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-3. - Tax on state banks.

§ 44-14-3. Tax on state banks.
(a)
Each banking institution organized or incorporated under the laws of this state or having its principal place of business or a branch located within the limits of this state shall annually pay a tax or excise to the state for the privilege of existing as a banking institution during any part of the taxable year. The tax is measured by:
(1)
Net income, as defined in § 44-14-10, for the income period and is computed at the rate of nine percent (9%) of the net income; or
(2)
Authorized capital stock as of the last day of the income period and is computed at the rate of two dollars fifty cents ($2.50) for each ten thousand dollars ($10,000), or fractional part, of an authorized capital stock; whichever measure yields the greater amount of tax.
(b)
In the case of a banking institution not organized or incorporated under the laws of this state, but having its principal place of business or branch located within the limits of this state, its net income is apportioned to this state under rules and regulations promulgated by the tax administrator.
(c)(1)
A banking institution having an election in effect under subchapter S, 26 U.S.C. § 1361 et seq., (including a banking institution that is a qualified subchapter S subsidiary, as defined by 26 U.S.C. § 1361, of a corporation or banking institution having an election in effect under 26 U.S.C. § 1361 et seq.) is not subject to the Rhode Island tax or excise on banking institutions, except that the banking institution shall be subject to the provisions of subdivision (a)(1) of this section to the extent the income is subjected to federal tax under subchapter S.
(2)
The shareholders of the banking institution who are residents of Rhode Island shall include in their income their proportionate share of the banking institution’s federal taxable income.
(3)
If any shareholder of the banking institution is a nonresident during any part of the banking institution’s taxable year, he or she shall file a Rhode Island personal income tax return in accordance with the rules and regulations as promulgated by the tax administrator.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 3; P.L. 1943, ch. 1341, § 2; G.L. 1956, § 44-14-3; P.L. 1958, ch. 17, art. 2, § 1; P.L. 1959, ch. 169, art. 1, § 1; P.L. 1960, ch. 66, art. 1, § 1; P.L. 1968, ch. 263, art. 6, § 1; P.L. 1970, ch. 139, art. 1, § 2; P.L. 1989, ch. 253, § 1; P.L. 1995, ch. 370, art. 34, § 2; P.L. 1999, ch. 354, § 30; P.L. 2000, ch. 459, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-4. - Tax on national banks.

§ 44-14-4. Tax on national banks.
Each national banking association located within the limits of this state shall annually pay to the state a tax according to or measured by its net income, as defined in § 44-14-10, which tax is computed at the rate of nine percent (9%).
History of Section.
P.L. 1942, ch. 1212, art. 7, § 3; P.L. 1943, ch. 1341, § 2; G.L. 1956, § 44-14-4; P.L. 1958, ch. 17, art. 2, § 1; P.L. 1959, ch. 169, art. 1, § 1; P.L. 1960, ch. 66, art. 1, § 1; P.L. 1968, ch. 263, art. 6, § 1; P.L. 1970, ch. 139, art. 1, § 3; P.L. 1995, ch. 370, art. 34, § 2; P.L. 1999, ch. 354, § 30.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-5. - Minimum tax.

§ 44-14-5. Minimum tax.
The tax imposed upon any banking institution or national banking association under §§ 44-14-3 and 44-14-4 shall not be less than one hundred dollars ($100).
History of Section.
P.L. 1942, ch. 1212, art. 7, § 3; P.L. 1943, ch. 1341, § 2; G.L. 1956, § 44-14-5; P.L. 1958, ch. 17, art. 2, § 1; P.L. 1959, ch. 169, art. 1, § 1; P.L. 1960, ch. 66, art. 1, § 1; P.L. 1968, ch. 263, art. 6, § 1; P.L. 1970, ch. 139, art. 1, § 3; P.L. 1977, ch. 136, § 1.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-6. - Filing of annual return.

§ 44-14-6. Filing of annual return.
(a)
Every taxpayer shall file a return with the tax administrator:
(1)
In case the taxable year of the taxpayer is the calendar year, on or before March 15 in the year following the close of the taxable year; and
(2)
In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth (15th) day of the third (3rd) month following the close of the fiscal year.
(b)
For tax years beginning after December 31, 2015, a return, in the form and containing the information that the tax administrator may prescribe, shall be filed with the tax administrator by the taxpayer on or before the date a federal return is due to be filed, without regard to extension.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 4; G.L. 1956, § 44-14-6; P.L. 1970, ch. 139, art. 1, § 4; P.L. 1989, ch. 378, § 1; P.L. 2016, ch. 142, art. 13, § 12.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-7. - Extension of time for return.

§ 44-14-7. Extension of time for return.
The tax administrator may grant a reasonable extension of time for filing returns, under rules and regulations as the tax administrator shall prescribe, with the approval of the director of the department of revenue. Whenever an extension of time is granted, a taxpayer shall be required to pay as part of any tax due, interest at the annual rate prescribed by § 44-1-7 from the day when the return should have been filed as if no extension had been granted.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 4; G.L. 1956, § 44-14-7; P.L. 1992, ch. 388, § 4; P.L. 2008, ch. 98, § 41; P.L. 2008, ch. 145, § 41.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-8. - Statements, returns, and rules and regulations.

§ 44-14-8. Statements, returns, and rules and regulations.
Every taxpayer shall render statements, make returns, and comply with rules and regulations as the tax administrator, with the approval of the director of the department of revenue, may from time to time prescribe.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 5; G.L. 1956, § 44-14-8; P.L. 2008, ch. 98, § 41; P.L. 2008, ch. 145, § 41.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-9. - Reports filed with banking and insurance division.

§ 44-14-9. Reports filed with banking and insurance division.
For the purpose of administering this chapter, the banking and insurance division of the department of business regulation shall make available for inspection to the tax administrator any report filed by any banking institution subject to the tax imposed by this chapter.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 5; G.L. 1956, § 44-14-9.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-10. - “Net income” defined.

§ 44-14-10. “Net income” defined.
“Net income” means gross income as defined in §§ 44-14-11 and 44-14-12 minus the deductions allowed in §§ 44-14-13, 44-14-14, 44-14-14.1, 44-14-14.2, 44-14-14.3, 44-14-14.4, and 44-14-14.5.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 6; G.L. 1956, § 44-14-10; P.L. 1995, ch. 370, art. 34, § 4.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-11. - “Gross income” defined.

§ 44-14-11. “Gross income” defined.
“Gross income” includes all gains, profits, and income of the taxpayer from whatever sources derived during the income period; provided, that gains from the sale or other disposition of any property other than securities shall not be included in gross income, and losses from the sale or other disposition of any property other than securities shall not be deducted from gross income. For any taxable year beginning on or after January 1, 2020, gross income includes the amount of any Paycheck Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount of the loan forgiven exceeds $250,000.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 6; P.L. 1943, ch. 1341, § 3; G.L. 1956, § 44-14-11; P.L. 2021, ch. 162, art. 6, § 12, effective July 6, 2021.
2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-14 - Taxation of Banks › Section 44-14-12. - Gain or loss from disposition of securities.

§ 44-14-12. Gain or loss from disposition of securities.
Gains or losses from the sale or other disposition of securities shall be determined as follows:
(1)
In the case of securities acquired on or after January 1, 1941, the basis shall be the cost of the securities, and the tax administrator may require that the basis be adjusted for amortization of premiums, if any, on “securities” as defined in § 44-14-2(5)(ii), reasonably allowed or allowable to the date of sale or other disposition of the securities.
(2)
In the case of securities acquired prior to January 1, 1941, except as otherwise provided in subdivision (3) of this subsection, the basis shall be the market value on January 1, 1941, of the securities, provided, that:
(i)
No gain shall be recognized if the proceeds of the sale or other disposition of the securities, though greater than the market value on January 1, 1941, are less than or equal to the cost of the securities;
(ii)
No loss shall be recognized if the proceeds of the sale or other disposition of the securities, though less than the market value on January 1, 1941, are greater than or equal to the cost of the securities;
(iii)
If the cost of the securities, though greater than the market value on January 1, 1941, is less than the proceeds of the sale or other disposition of the securities, then the basis shall equal the cost of the securities;
(iv)
If the cost of the securities, though less than the market value on January 1, 1941, is greater than the proceeds of the sale or other disposition of the securities, then the basis shall equal the cost of the securities.
(3)
In the case of “securities”, as defined in § 44-14-2(5)(ii), acquired at a premium prior to January 1, 1941, the basis shall be the market value on January 1, 1941, of the securities but not higher than the true amortized value as of January 1, 1941, of the securities, and the tax administrator may require that the basis be adjusted for amortization of the premiums, based upon the true amortized value, reasonably allowed or allowable to the date of sale or other disposition of the securities; provided, that gain shall be recognized only to the extent that the proceeds of the sale or other disposition of the securities exceed the adjusted true amortized value as of the date of sale or other disposition of the securities.
History of Section.
P.L. 1942, ch. 1212, art. 7, § 6; P.L. 1943, ch. 1341, § 3; G.L. 1956, § 44-14-12.