reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 2 - Rhode Island Jobs Development Act (280-RICR-20-25-2) › Section 280-RICR-20-25-2.6 - General

Current through June 14, 2024
A. Tax rate reduction
1. The rate of tax payable by an eligible
				 company and each of its eligible subsidiaries for any taxable year ending on or
				 after July 1, 1995, on its net income pursuant to the applicable income tax
				 provisions of the general laws, including the provisions of R.I. Gen. Laws
				 §§
											44-11-2(a),
				  44-14-3(a),
				  44-14-4 and
				  44-17-1,
				 or on its gross earnings pursuant to §44-13-4(4),
				 shall be reduced by the amount specified in §
											2.6(B)     of
				 this Part; this rate reduction shall be applied annually, once to those
				 eligible companies which are permitted by law to file a consolidated state tax
				 return and in the case of eligible companies not permitted by law to file
				 consolidated state tax returns, then the rate reduction shall be applied
				 annually to each eligible company and its eligible subsidiaries; provided,
				 however, except as provided in R.I. Gen. Laws §
											42-64.5-7,
				 should any eligible company fail to maintain in any taxable year after 1997 or,
				 if applicable, the third taxable year following the base employment period
				 election set forth in R.I. Gen. Laws §
											42-64.5-5,
				 the number of units of new employment it reported for its 1997 tax year or, if
				 applicable, the third taxable year following the base employment period
				 election set forth in R.I. Gen. Laws §
											42-64.5-5,
				 the rate reduction provided for in this chapter shall expire
				 permanently.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 3 - Exclusion of Distributive Share of Public Service Income (280-RICR-20-25-3) › Section 280-RICR-20-25-3.1 - PURPOSE

Current through June 14, 2024
These rules and regulations implement R.I. Gen. Laws §
										44-11-12(2).
					 That Section allows a deduction of the distributive share of the taxable income
					 of any public service corporation or company liable for the tax imposed under
					 R.I. Gen. Laws Chapter 44-13 (Public Service Corporation
					 Tax).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 3 - Exclusion of Distributive Share of Public Service Income (280-RICR-20-25-3) › Section 280-RICR-20-25-3.2 - AUTHORITY

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §
										44-1-4.
					 These rules and regulations have been prepared in accordance with the
					 requirements of R.I. Gen. Laws §§
										42-35-1 et. seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 3 - Exclusion of Distributive Share of Public Service Income (280-RICR-20-25-3) › Section 280-RICR-20-25-3.3 - APPLICATION

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation to effectuate the purpose of R.I. Gen.
					 Laws Chapter 44-11.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 3 - Exclusion of Distributive Share of Public Service Income (280-RICR-20-25-3) › Section 280-RICR-20-25-3.4 - SEVERABILITY

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 3 - Exclusion of Distributive Share of Public Service Income (280-RICR-20-25-3) › Section 280-RICR-20-25-3.5 - DESCRIPTION

Current through June 14, 2024
To the extent that the income derived from a public service
					 corporation is subject to tax, the exclusion will apply. To the extent that the
					 income from a public service corporation is not subject to tax, the exclusion
					 will not apply.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 3 - Exclusion of Distributive Share of Public Service Income (280-RICR-20-25-3) › Section 280-RICR-20-25-3.6 - EXAMPLES

Current through June 14, 2024
A. A utility company sells tangible,
				 intangible or real property not devoted to its utility operation. Such net gain
				 distribution is a taxable transaction for R.I. Gen. Laws Chapter 44-13 purposes
				 and therefore is excludable for R.I. Gen. Laws Chapter 44-11
				 purposes.
B. A utility company
				 sells tangible, intangible or real property devoted to its utility operation.
				 Such net gain distribution is a nontaxable transaction for R.I. Gen. Laws
				 Chapter 44-13 purposes and therefore is not excludable for R.I. Gen. Laws
				 Chapter 44-11 purposes.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 4 - Notice to Administrator of Sale of Assets, Letters of Good Standing (280-RICR-20-25-4) › Section 280-RICR-20-25-4.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to implement R.I. Gen.
					 Laws §§
										44-11-29 and
					  44-11-29.1 that requires a corporation to notify the Tax Administrator if it is selling or
					 transferring a major part in value of its Rhode Island assets other than in the
					 ordinary course of trade and in the regular and usual prosecution of the
					 corporation's business. Filing a Request for a Letter of Good Standing is the
					 required method for this notification. In addition, even though there is no
					 requirement for notification by a Limited Liability Company (LLC), Limited
					 Liability Partnership (LLP) or Limited Partnership (LP) that has not made an
					 election to be taxed as a corporation for federal tax purposes, this regulation
					 shall cover such Letter of Good Standing requests.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 4 - Notice to Administrator of Sale of Assets, Letters of Good Standing (280-RICR-20-25-4) › Section 280-RICR-20-25-4.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §
										44-1-4. The
					 rules and regulations have been prepared in accordance with the requirements of
					 R.I. Gen. Laws §
										42-35-1 et
					 seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 4 - Notice to Administrator of Sale of Assets, Letters of Good Standing (280-RICR-20-25-4) › Section 280-RICR-20-25-4.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation to effectuate the purpose of R.I. Gen.
					 Laws §§
										44-11-29 and
					  44-11-29.1 and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 4 - Notice to Administrator of Sale of Assets, Letters of Good Standing (280-RICR-20-25-4) › Section 280-RICR-20-25-4.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 4 - Notice to Administrator of Sale of Assets, Letters of Good Standing (280-RICR-20-25-4) › Section 280-RICR-20-25-4.5 - Requirements

Current through June 14, 2024
A. R.I. Gen. Laws §
										44-11-29 requires every corporation selling or transferring a major part in value of its
				 assets other than in the ordinary course of trade and in the regular and usual
				 prosecution of the corporation's business to notify the Tax Administrator of
				 the proposed sale or transfer at least five (5) days before the sale or
				 transfer. The notice shall include the price, terms and conditions, and the
				 character and location of the assets. This notice shall accompany a request for
				 a Letter of Good Standing with the appropriate fee as required in R.I. Gen.
				 Laws §
										44-11-29.1.
B. Whenever a corporation makes such a sale
				 or transfer, the tax imposed by R.I. Gen. Laws Chapter 44-11 and 44-12 becomes
				 due and payable at the time the Tax Administrator is notified, or if he/she is
				 not so notified, at the time when he/she should have been notified.
C. If a corporation fails to comply with the
				 notification and payment provisions, the sale or transfer shall be fraudulent
				 and void as against the state.
D. A
				 Request for a Letter of Good Standing shall require a tentative tax return
				 through the date of sale or transfer, along with any past due returns and
				 payments. (A tentative return shall present as if the tax year had ended as of
				 the date of the sale or transfer and includes said sale or transfer).
1. Any entity treated or that has elected to
				 be treated as a corporation shall provide a copy of a tentative federal Form
				 1120 including Form 4797 and Schedule D, if applicable, and a tentative Form
				 RI-1120C.
2. For any entity that
				 has not elected to be treated as a corporation for federal tax purposes, a
				 schedule of the shareholders/members/partners shall be attached to the
				 tentative tax return through the date of sale or transfer. The schedule shall
				 include the shareholder's/member's/partner's name, address, identification
				 number and allocated gain/loss. If nonresident shareholders/members/partners
				 are involved, there are additional requirements discussed in §
											4.5     of this
				 Part.
a. Subchapter S corporations shall
				 attach to Form RI-1120S a tentative federal Form 1120S including the Form 4797
				 and/or Schedule D (if applicable).
b. LLCs, LLPs and LPs not treated as
				 corporations for federal tax purposes shall attach to Form RI-1065 a tentative
				 federal Form 1065, federal Schedule C, federal Schedule E and/or federal
				 Schedule F (whichever is applicable) along with federal Form 4797 and/or
				 federal Schedule D (if applicable).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 4 - Notice to Administrator of Sale of Assets, Letters of Good Standing (280-RICR-20-25-4) › Section 280-RICR-20-25-4.6 - Entities with Nonresident Shareholders/Members/Partners

Current through June 14, 2024
In addition to the requirements in §
										4.5     of this Part, any entity
					 with nonresident shareholders/members/partners (S-Corps, LLCs, LLPs and LPs)
					 would be required to file a tentative Form RI-1096PT with any payment that may
					 be due. The tentative Form RI-1096PT shall not include Form
					 RI-1099PTs.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.1 - Purpose

Current through June 14, 2024
These rules and regulations implement R.I. Gen. Laws
					 Chapter 44-26. That Chapter imposes under R.I. Gen. Laws Chapters 44-11,
					 44-11.1, 44-13, 44-14, 44-15, 44-17, and 27-3 a requirement that an entity pay
					 a sum equal to the entire amount of its estimated tax during its current
					 taxable year.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										44-1-4 and
					  44-26-11. The
					 rules and regulations have been prepared in accordance with the requirements of
					 R.I. Gen. Laws §
										42-35-1 et. seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation to effectuate the purpose of R.I. Gen.
					 Laws Chapter 44-26 and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.5 - Definitions

Current through June 14, 2024
A. "Advance" means a sum equal to one hundred
				 percent (100%) of the full amount of the tax that a corporation estimates it
				 will be required to pay under the provisions of any of the R.I. Gen. Laws
				 Chapters 44-11, 44-11.1, 44-13, 44-14, 44-15, 44-17, and 27-3, or in any
				 changes and amendments of those Chapters.
B. "Corporation" means every corporation,
				 utility, banking institution, insurance company, organization, association, or
				 individual subject to taxation under R.I. Gen. Laws Chapters 44-11, 44.11.1,
				 44-13, 44-14, 44-15, 44-17, and 27-3, or under any changes and amendments of
				 those chapters.
C. "Taxable year,"
				 means:
1. For entities taxed under R.I. Gen.
				 Laws Chapter 44-11, or 44-11.1, the calendar year or fiscal year for which a
				 return is filed; and
2. For
				 entities taxed under R.I. Gen. Laws Chapter 44-14, referred to as "income
				 period", the calendar year or the fiscal year, or portion of the year to be
				 covered by the filing; and
3. For
				 entities taxed under R.I. Gen. Laws Chapters 44-13, 44-15, 44-17, or 27-3, the
				 calendar year ending December 31st of each year.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.6 - Declaration - Due Date - Payment - Interest

Current through June 14, 2024
A.
				 Every corporation is required to file estimated taxes if their estimated
				 liability for the taxable year can reasonably be expected to exceed five
				 hundred dollars ($500) pursuant to R.I. Gen. Laws §44-26 - 2.1(a).
1. For Calendar Year taxpayers, four (4)
				 equal installments of twenty-five (25%) percent are due on April
				 15th, June 15th,
				 September 15th, and December
				 15th of the taxable year.
2. For Fiscal Year Taxpayers, four (4) equal
				 installments of twenty-five (25%) percent are due on the
				 15th day of the fourth,
				 15th day of the sixth month,
				 15th day of the ninth month, and
				 15th day of the twelfth month of the taxable year.
3. Every corporation required to
				 make estimated tax payments shall report such payments on Rhode Island's Form
				 BUS-EST.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.7 - Credit Against Tax

Current through June 14, 2024
All payments of any advance or installment payment, for any
					 taxable year is allowed as a credit to the corporation against the tax imposed
					 upon the corporation for the taxable year under the provisions of any of the
					 chapters enumerated in R.I. Gen. Laws §
										44-26-1.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 5 - Estimated Tax Payments (280-RICR-20-25-5) › Section 280-RICR-20-25-5.8 - Failure to File

Current through June 14, 2024
If any corporation is required under R.I. Gen. Laws Chapter
					 44-26 to file a declaration of estimated tax for any taxable year at any time
					 on or before the fifteenth day of the tenth month of the taxable year and the
					 corporation fails to file any declaration, although the declaration may
					 otherwise be late, on or before that date, there shall be assessed as a penalty
					 against the corporation an amount equal to five percent (5%) of the tax imposed
					 upon the corporation for the taxable year. The tax administrator may waive the
					 penalty, if it is shown to his or her satisfaction that the failure to file the
					 declaration was due to reasonable cause and not to willful
					 neglect.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.1 - Purpose

Current through June 14, 2024
The purpose of these rules and regulations is to implement
					 R.I. Gen. Laws §§
										7-12-60 and
					  7-13-69,
					 which imposes on Limited Liability Partnerships (LLPs) and Limited Partnerships
					 (LPs) a filing requirement and an annual charge equal to the minimum tax
					 imposed upon a corporation under R.I. Gen. Laws §
										44-11-2(e) 
					 and the filing requirements of their partners.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to R.I. Gen. Laws
					 §
										44-1-4. The
					 rules and regulations have been prepared in accordance with the requirements of
					 R.I. Gen. Laws §
										42-35-1 et. seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation to effectuate the purpose of R.I. Gen.
					 Laws §§
										7-12-60 and
					  7-13-69 and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.5 - Filing of Returns

Current through June 14, 2024
A. Every LLP and LP
				 which has elected to be treated as a C-corporation for federal income tax
				 purposes shall for Rhode Island purposes be subject to the Rhode Island
				 Business Corporation Tax and file a Form RI-1120C with the Division of Taxation
				 annually as follows:
1. If the tax year of
				 the LLP or LP is a calendar year filer, the return shall be filed on or before
				 the fifteenth (15th) day of April in the year
				 following the close of the calendar year.
2. If the tax year of the LLP or LP is a
				 fiscal year filer, the return shall be filed on or before the fifteenth
				 (15th) day of the fourth
				 (4th) month following the close of the fiscal year.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.6 - Annual Charge

Current through June 14, 2024
An annual charge shall be due for LLPs and LPs not treated
					 as corporations for federal tax purposes upon the filing of the required
					 returns with the Division of Taxation. The annual charge shall be a fee in an
					 amount equal to the minimum tax imposed upon a corporation under R.I. Gen. Laws
					 §
										44-11-2(e).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.7 - Filing Requirements for Partners

Current through June 14, 2024
If a domestic or foreign LLP or LP is not treated as a
					 corporation for federal income tax purposes, any partner of the LLP or LP
					 during any part of the entity's taxable year shall file a Rhode Island income
					 tax return and shall include in Rhode Island gross income that portion of the
					 LLP's or LP's Rhode Island income allocable to such partner.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 6 - Limited Liability Partnerships and Limited Partnerships (280-RICR-20-25-6) › Section 280-RICR-20-25-6.8 - Pass-through Withholding Requirements

Current through June 14, 2024
A. Any LLP or LP
				 with a nonresident partner(s) shall withhold income taxes on the income that is
				 being passed through to the nonresident partners. The Form RI-1096PT shall be
				 filed reporting these withholding payments. The nonresident partner(s) shall be
				 provided a Form RI-1099PT in order to claim these withholding payments on their
				 income tax return. If the nonresident partner is another pass-through entity,
				 that entity shall also be required to file a Form RI-1096PT to pass-through the
				 withholding payments to their member(s). The "Bulletin on Pass-through Entities
				 to Non-resident Taxpayers" may be consulted for further information.
B. Any LLP or LP with nonresident partner(s)
				 may file Form RI-1040C composite tax return instead of filing Form RI-1096PT.
				 Each nonresident partner shall complete Form RI-1040C-NE and file it with the
				 entity. The "Bulletin on Pass-through Entities to Non-resident Taxpayers" may
				 be consulted for further information. This bulletin can be obtained at
www.tax.ri.gov/misc/passthrough_entities.php
C. If the nonresident withholding tax
				 liability of an LLP or LP can reasonably be expected to exceed $250 for the
				 taxable year, then estimated payments are required on the 15th day of the 4th
				 month, the 15th day of the 6th month, the 15th day of the 9th month and the
				 15th day of the first month of the entity's next succeeding taxable year. For a
				 calendar year taxpayer, that would be April 15th, June 15th, September 15th and
				 January 15th of the entity's next succeeding taxable year. LLPs and LPs are
				 covered by the "safe harbor" provisions (80% of the current year tax liability
				 or 100% of the prior year's tax liability at the current year rates) for the
				 requirements of estimated tax payments as well as calculating underestimated
				 interest. The appropriate estimated tax payment coupons for Form RI-1096PT-ES
				 or Form RI-1040C-ES, as the case may be, shall be used to make these estimated
				 payments.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.1 - Purpose

Current through June 14, 2024
The purpose of these rules and regulations is to implement
					 R.I. Gen. Laws §§
										7-16-67 and
					  7-16-73,
					 which imposes an annual filing requirement on Limited Liability Companies
					 (LLCs) and their members.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to R.I. Gen. Laws
					 §
										44-1-4. The
					 rules and regulations have been prepared in accordance with the requirements of
					 R.I. Gen. Laws §
										42-35-1 et. seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation to effectuate the purpose of R.I. Gen.
					 Laws §§
										7-16-67 and
					  7-16-73 and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.5 - Filing of Returns

Current through June 14, 2024
A. Every LLC which
				 has elected to be treated as a Subchapter C corporation for federal income tax
				 purposes shall file with the Division of Taxation annually as follows:
1. If the taxable year of the LLC is a
				 calendar year, Form RI-1120C shall be filed on or before the fifteenth
				 (15th) day of April in the year following the close
				 of the calendar year.
2. If the
				 taxable year of the LLC is a fiscal year, Form RI-1120C shall be filed on or
				 before the fifteenth (15th) day of the fourth
				 (4th) month following the close of the fiscal year.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.6 - Annual Charge

Current through June 14, 2024
A. An annual charge
				 shall be due upon the filing of the LLC's return with the Rhode Island Division
				 of Taxation. The charge shall be determined as follows:
1. If the LLC is treated as a C corporation
				 for federal income tax purposes, it shall pay as an annual charge the taxes as
				 provided in R.I. Gen. Laws §
											44-11-2(e).
2. If the LLC is treated as a Subchapter S
				 corporation for federal income tax purposes, it shall pay as an annual charge
				 an amount equal to the minimum tax imposed under R.I. Gen. Laws §
											44-11-2(e).
3. If the LLC is treated as a partnership for
				 federal income tax purposes, it shall pay as an annual charge an amount equal
				 to the minimum tax imposed upon a corporation under R.I. Gen. Laws §
											44-11-2(e).
4. If the LLC is a single member LLC and is
				 treated as a disregarded entity for federal income tax purposes, it shall pay
				 as an annual charge an R.I. Gen. Laws §
											44-11-2(e).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.7 - Filing Requirements for Members

Current through June 14, 2024
A. If a domestic or
				 foreign LLC is not treated as a corporation for of federal income tax purposes,
				 for tax years beginning on or after January 1, 2012, LLCs are required to file
				 Form RI-1065. Prior to January 1, 2012, LLCs shall file Form RI-1120S.
1. Any member of the LLC during any part of
				 the LLC's taxable year shall file a Rhode Island income tax return and shall
				 include in Rhode Island gross income that portion of the LLC's Rhode Island
				 income allocable to such member's interest in the LLC.
2. A nonresident member is required to file a
				 Rhode Island income tax return even though the member's only source of Rhode
				 Island income was such member's share of the LLC's income which was derived
				 from or attributable to sources within this state, and the amount of
				 nonresident pass-through withholding remitted by the LLC on behalf of the
				 nonresident member shall be allowed as a credit against such member's Rhode
				 Island income tax liability.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 7 - Limited Liability Companies (280-RICR-20-25-7) › Section 280-RICR-20-25-7.8 - Pass-through Withholding Requirements

Current through June 14, 2024
A. Any LLC with a
				 nonresident member(s) shall withhold income taxes on the income that is being
				 passed through to the nonresident members. The Form RI-1096PT shall be filed
				 reporting these withholding payments. The nonresident member(s) shall be
				 provided a Form RI-1099PT in order to claim these withholding payments on their
				 income tax return. If the nonresident member is another pass-through entity,
				 that member shall also be required to file a Form RI1096PT to pass-through the
				 withholding payments to their member(s). The "Bulletin on Pass-through Entities
				 to Non-resident Taxpayers" may be consulted for further information. This
				 bulletin can be found at
http://www.tax.ri.gov/misc/passthrough_entities.php
B. Any LLC with nonresident member(s) may
				 file Form RI-1040C composite tax return instead of filing the Form RI-1096PT.
				 Each nonresident member shall complete Form RI-1040C-NE and file it with the
				 entity. The "Bulletin on Pass-through Entities to Non-resident Taxpayers" may
				 be consulted for further information.
C. If the LLC's expected pass-through
				 withholding tax liability is more than $250 for the taxable year, then
				 estimated payments are required on the 15th day of the 4th month, 15th day of
				 the 6th month, 15th day of the 9th month and 15th day of the first month of the
				 pass-through entity's next succeeding taxable year. For a calendar year
				 taxpayer, that would be April 15th, June 15th, September 15th and January 15th
				 of the next succeeding taxable year. LLCs are covered by the "safe harbor"
				 provisions (80% of the current year tax liability or 100% of the prior year's
				 tax liability at the current year rates) for the requirements of estimated tax
				 payments as well as calculating underestimated interest. The appropriate
				 estimated tax payment coupons of Form RI1096PT-ES or Form RI-1040C-ES shall be
				 used to make these estimated payments.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.1 - Purpose

Current through June 14, 2024
These rules and regulations implement R.I. Gen. Laws
					 §§
										44-11-1,
					  44-11-2,
					  44-11-4.1,
					  44-11-14,
					 and other sections within R.I. Gen. Laws Chapters 44-11. These sections allow
					 taxation of net income from businesses within and partially within the
					 state.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §
										44-1-4,
					 which authorizes and empowers the Rhode Island tax administrator to make rules
					 and regulations, as the administrator may deem necessary for the proper
					 administration and enforcement of the tax laws of this state. The rules and
					 regulations have been prepared in accordance with the requirements of R.I. Gen.
					 Laws §
										42-35-1 et
					 seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation the authority to effectuate the purpose
					 of R.I. Gen. Laws Chapters
					 44-11-1,
					 44-11-2,
					 44-11-4.1,
					 44-11-14,
					 and other applicable Rhode Island state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.5 - Definitions

Current through June 14, 2024
A. "Combined group" means a group of two or
				 more corporations in which more than fifty percent (50%) of the voting stock of
				 each member corporation is directly or indirectly owned by a common owner or
				 owners, either corporate or non-corporate, or by one or more of the member
				 corporations, and that are engaged in a unitary business.
B. "Corporation" has the meaning set forth in
				 R.I. Gen. Laws §
										44-11-1(4),
				 and includes an LLC, partnership or other entity electing to be taxed as a
				 corporation for federal tax purposes. When a partnership or other pass-through
				 entity is directly or indirectly held by a corporation, the business conducted
				 by such a partnership or pass-through entity is considered the business of the
				 corporation to the extent of the corporation's distributive share of the
				 partnership or pass-through entity net income.
C. "Foreign corporation" means a corporation
				 not organized under the laws of Rhode Island.
D. "General partner" has the meaning set
				 forth in R.I. Gen. Laws §
										7-13-1(7),
				 as amended.
D. "Income" encompasses
				 both profits and losses, whether active or passive.
E. "Limited partner" has the meaning set
				 forth in R.I. Gen. Laws §
										7-13-1(8),
				 as amended.
F. "Nexus" means a
				 connection or link with the state sufficient to subject a person to tax by the
				 state, as described in §
										8.6     of this Part.
G. "Office" means a permanent or temporary
				 location where any person or other entity makes sales or holds itself out to
				 the public as conducting a business. An in-home office of a sales
				 representative is generally not considered an "office" of a corporation for
				 purposes of this Part, provided that the representative does not hold himself
				 out as doing business on behalf of the corporation at that location by either
				 publishing the home address or phone number as a corporate business address or
				 phone number or through other actions.
H. "Partnership" has the meaning set forth in
				 R.I. Gen. Laws §
										7-12-17, as
				 amended.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.7 - Corporations Subject to Taxation - Generally

Current through June 14, 2024
A.
				 General nexus standards require the physical presence or economic presence of
				 the taxpayer within the state for the taxpayer to be subject to taxation by the
				 state.
B. The term "corporation" is
				 defined in R.I. Gen. Laws §
										44-11-1(4) 
				 to include various entities that are "deriving any income from sources within
				 the state or engaging in any activities or transactions within this state for
				 the purposes of profit or gain, whether or not an office or place of business
				 is maintained in this state, or whether or not such income, activities or
				 transactions are connected with intrastate, interstate, or foreign commerce,"
				 subject to certain limitations. Correspondingly, R.I. Gen. Laws §
										44-11-2 subjects such corporations to an income tax by the State of Rhode
				 Island.
C. The Rhode Island
				 corporate income tax is levied on corporations with Rhode Island business
				 activity, unless prohibited by  15 U.S.C. §§
											381 - 384  ( Public Law
				 86-272). For more detailed guidance regarding corporations that are members in
				 a combined group, refer to §
										8.8     of this Part.
D. Imputed Activity. For the purposes of
				 determining whether a foreign corporation is subject to Rhode Island's tax
				 jurisdiction, the activities of the corporation's employees, agents, or
				 representatives, however designated, will be imputed to the corporation. An
				 agent or representative may be an individual, corporation, partnership or other
				 entity. Activities conducted in Rhode Island on behalf of a foreign corporation
				 by an independent contractor will be imputed to the corporation to the extent
				 permitted by the United States Constitution and the laws of the United States.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.9 - Public Law 86-272 (15 U.S.C. Sections 381-384) - Solicitation Defined; Protected Activities

Current through June 14, 2024
A.Section 101 of
				 Public Law 86-272, codified at  15 U.S.C. §§
											381 - 384, prohibits a
				 state from taxing the income of a foreign corporation whose only business
				 activities within the state consist of "solicitation of orders" for tangible
				 personal property, provided that the orders are sent outside the state for
				 approval or rejection and the tangible personal property is shipped or
				 delivered from out of state. For purposes of  15 U.S.C. §§
											381 - 384  (
				 Public Law 86-272), solicitation is defined as follows:
1. Solicitation means speech or conduct which
				 explicitly or implicitly invites an order and activities that neither
				 explicitly, nor implicitly, invite an order, but which are entirely ancillary
				 to requests for an order.
a. Ancillary
				 activities are those activities that serve no independent business function for
				 the seller apart from their connection to the solicitation of orders. The mere
				 assignment of activities to sales personnel does not, merely by such
				 assignment, make such activities ancillary to solicitation of orders.
				 Activities not entirely ancillary include those that the company would have
				 reason to engage in anyway, but chooses to allocate to its in-state sales
				 force. Activities that seek to promote sales are not ancillary unless, taken as
				 whole, they are de minimis.
b. De
				 minimis activities are those that, when taken together as a whole, establish
				 only a trivial connection with the taxing state. An activity conducted within a
				 taxing state on a regular or systematic basis or pursuant to a company policy,
				 whether such policy is in writing or not, shall not ordinarily be considered
				 trivial. Whether or not an activity consists of a trivial or non-trivial
				 connection with the State is to be measured on both a qualitative and
				 quantitative basis. If such activity either qualitatively or quantitatively
				 creates a non-trivial connection with the taxing state, then such activity
				 exceeds the protection of
				  15 U.S.C. §
													381  ( P.L. 86-272).
c. Example
(1) Corporation H, a manufacturer located
				 outside Rhode Island, sends a small team of officers and employees into Rhode
				 Island to meet with potential suppliers for purposes of a plant tour. The
				 officers and employees are in Rhode Island for two days and conduct no other
				 activity in the state. This is de minimis activity and the connection with
				 Rhode Island is only trivial. As a result of the immunity afforded by
				  15 U.S.C. §
														381  ( P.L. 86-272), Rhode Island is not
				 permitted to impose tax.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 8 - Nexus (280-RICR-20-25-8) › Section 280-RICR-20-25-8.10 - Activities that Create Nexus

Current through June 14, 2024
A. This Rule
				 describes activities that are sufficient for creating corporate income tax
				 nexus between the State of Rhode Island and a foreign corporation. The
				 activities enumerated in this Rule below are intended merely as guidelines. The
				 activities enumerated are not exhaustive and will not precisely describe the
				 activities of many foreign corporations.
B. Any amount of physical presence, however
				 limited, will presumptively trigger income tax nexus between a foreign
				 corporation and the State. Physical presence is determined on a case-by-case
				 basis, according to the applicable facts and circumstances. Physical presence
				 can be established through the holding of property or the activities of agents,
				 representatives, or independent contractors who act as representatives of a
				 foreign corporation in maintaining the foreign corporation's ability to market
				 goods and services in the State. The burden is on the taxpayer to rebut the
				 presumption of corporate income tax nexus when there is any amount of physical
				 presence.
1. Example.
a. Intangible, Inc. is a foreign corporation
				 that holds intangible assets. Intangible has no employees, tangible property,
				 or sales. However, the majority of its corporate functions are performed in
				 Rhode Island. These functions include maintaining books and records, holding
				 directors' meetings and making day-to-day business decisions. The corporate
				 functions are performed in Rhode Island by the directors or by employees of an
				 affiliate. Intangible has nexus with Rhode Island.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 9 - Apportionment of Net Income (280-RICR-20-25-9) › Section 280-RICR-20-25-9.1 - Purpose

Current through June 14, 2024
These rules and regulations implement R.I. Gen. Laws
					 §§
										44-11-13 through
					  44-11-15.
					 These sections allow for apportionment of net income for businesses within and
					 partially within the state.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 9 - Apportionment of Net Income (280-RICR-20-25-9) › Section 280-RICR-20-25-9.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										44-11-13 through
					  44-11-15,
					 and R.I. Gen. Laws §
										44-1-4,
					 which authorizes the Rhode Island tax administrator to make rules and
					 regulations, as the administrator may deem necessary for the proper
					 administration and enforcement of the tax laws of this state. The rules and
					 regulations have been prepared in accordance with the requirements in R.I. Gen.
					 Laws §
										42-35-1 et
					 seq. of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 9 - Apportionment of Net Income (280-RICR-20-25-9) › Section 280-RICR-20-25-9.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed so
					 as to permit the Division of Taxation the authority to effectuate the purpose
					 of R.I. Gen. Laws §§
										44-11-13 through
					  44-11-15 and other applicable state laws and regulations. This Regulation explains
					 apportionment for corporations, pass-through entities, sole proprietorships,
					 and other business types as required. All examples in this Regulation are
					 provided solely for the purpose of illustrating basic concepts that are set
					 forth in the Rules herein, and may not introduce all relevant considerations.
					 Such examples shall not serve as precedents in administrative hearings or other
					 legal proceedings, and are not intended to cover all possible
					 situations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 25 - Business Corporation Tax › Part 9 - Apportionment of Net Income (280-RICR-20-25-9) › Section 280-RICR-20-25-9.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstance, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.