TAXATION -- THE RHODE ISLAND FAMILY CAREGIVER TAX CREDIT ACT, the official text

H7241 2026 -- H 7241 ======== LC003491 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO TAXATION -- THE RHODE ISLAND FAMILY CAREGIVER TAX CREDIT ACT Introduced By: Representatives Donovan, Cotter, Spears, Kislak, Giraldo, Fogarty, Casimiro, Carson, Boylan, and Handy Date Introduced: January 21, 2026 Referred To: House Finance It is enacted by the General Assembly as follows: 1 SECTION 1. Legislative findings. 2 The general assembly hereby makes the following findings. 3 (1) About eighty percent (80%) of care at home is provided by unpaid family caregivers, 4 many of whom are older persons providing care to a spouse or family member with disabilities. 5 (2) More than half of caregivers have intensive caregiving responsibilities that include 6 assisting with personal care activities such as bathing, feeding or toileting. 7 (3) Research shows that unpaid family caregivers are frequently under substantial physical, 8 psychological, and financial stress. 9 (4) On average unpaid family caregivers spend seven thousand dollars ($7,000) a year out- 10 of-pocket to assist their family member to be able to live at home. 11 (5) Providing a state income tax credit for expenditures paid by family caregivers shall help 12 relieve some of the financial burden caregivers face in fulfilling their caregiving responsibilities. 13 SECTION 2. Title 44 of the General Laws entitled TAXATION is hereby amended by 14 adding thereto the following chapter: 15 CHAPTER 30.4 16 THE RHODE ISLAND FAMILY CAREGIVER TAX CREDIT ACT 17 44-30.4-1. Short title. 18 This chapter shall be known and may be cited as The Rhode Island Family Caregiver Tax 1 Credit Act. 2 44-30.4-2. Definitions. 3 As used in this chapter, the following terms shall have the following meanings unless the 4 context clearly indicates otherwise: 5 (1) Activities of daily living (ADL) means and includes: 6 (i) Ambulating, which is the extent of an individual s ability to move from one position to 7 another and walk independently; 8 (ii) Feeding, which is the ability of an individual to feed oneself; 9 (iii) Dressing, which is the ability to select appropriate clothes and to put the clothes on 10 without aid; 11 (iv) Personal hygiene, which is the ability to bathe and groom oneself and maintain dental 12 hygiene and hair and nail care; 13 (v) Continence, which is the ability to control bladder and bowel function; and 14 (vi) Toileting, which is the ability to get to and from the toilet without aid, using it 15 appropriately, and cleaning oneself. 16 (2) Eligible expenditure means and includes: 17 (i) The improvement or alteration to the eligible family caregiver s or eligible family 18 member s primary residence to permit the eligible family member to live in the residence and to 19 remain mobile, safe and independent; 20 (ii) The eligible family caregiver s purchase or lease of equipment including, but not limited 21 to, durable medical equipment, that is necessary to assist the eligible family member in carrying 22 out one or more activities of daily livings (ADL); and 23 (iii) Other paid or incurred expenses by the eligible family caregiver that assist the eligible 24 family caregiver in providing care to an eligible family member. These expenses include, but are 25 not limited to, the following: 26 (A) Hiring a home care aide; 27 (B) Temporary respite care; 28 (C) Adult day care; 29 (D) Personal care attendants; 30 (E) Health care equipment; and 31 (F) Technology. 32 (iv) The eligible expenditures shall be directly related to assisting the eligible family 33 caregiver in providing care to an eligible family member. Eligible expenditures shall not include 34 items or services that are reimbursable by the eligible family member s healthcare insurance LC003491 - Page 2 of 19 1 including state and federal government insurance programs or the carrying out of general household 2 maintenance activities such as painting, plumbing, electrical repairs, or exterior maintenance. 3 (3) Eligible family caregiver means a resident taxpayer of the state who provides care 4 and support to an eligible family member and: 5 (i) Who has a federal adjusted gross income for the taxable year less than fifty thousand 6 dollars ($50,000) for an individual and less than one hundred thousand dollars ($100,00) for a 7 couple filing jointly; and 8 (ii) Who has personally incurred uncompensated expenses directly related to the care of an 9 eligible family member. 10 (4) Eligible family member means an individual who: 11 (i) Is sixty-five (65) years of age or older or has qualified for Social Security Disability 12 Benefits Insurance; 13 (ii) Resides with the eligible family caregiver at their permanent place of residence in the 14 state for not less than six (6) months of the taxable year; 15 (iii) Does not reside in an assisted living center, nursing facility, or residential care home; 16 (iv) Requires assistance with at least two (2) activities of daily living (ADL) certified by a 17 licensed health care provider; and 18 (v) Is a dependent, spouse, domestic partner, sibling, grandparent, grandchild, or is a 19 second degree relative. 20 44-30.4-3. Implementation. 21 (a) For taxable years beginning after December 31, 2026, there shall be allowed a credit 22 against the tax imposed pursuant to § 44-30-2.6 ( Rhode Island taxable income -- Rate of tax ) in 23 the amount of fifty percent (50%) for eligible expenditures incurred by a family caregiver for the 24 care and support of an eligible family member. 25 (b) The maximum allowable credit authorized by this section shall be one thousand dollars 26 ($1000). If two (2) or more family caregivers claim the tax credit for the same eligible family 27 member, the maximum allowable credit shall be allocated in equal amounts between each of the 28 family caregivers. 29 (c) The credit authorized under this section shall not be used to reduce the tax liability of 30 the taxpayer to less than zero. The credit shall not be carried over into a subsequent tax year. 31 (d) The department of revenue shall promulgate rules and regulations necessary to 32 implement and administer the credit authorized by this section. 33 SECTION 3. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled Personal 34 Income Tax is hereby amended to read as follows: LC003491 - Page 3 of 19 1 44-30-2.6. Rhode Island taxable income — Rate of tax. 2 (a) “Rhode Island taxable income” means federal taxable income as determined under the 3 Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard- 4 deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax 5 Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of 6 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. 7 (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on 8 or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island 9 taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five 10 and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 11 and thereafter of the federal income tax rates, including capital gains rates and any other special 12 rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately 13 prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); 14 provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable 15 year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal 16 Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a 17 taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or 18 her personal income tax liability. 19 (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative 20 minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island 21 alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by 22 multiplying the federal tentative minimum tax without allowing for the increased exemptions under 23 the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 24 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 25 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product 26 to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s 27 Rhode Island alternative minimum tax. 28 (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption 29 amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by 30 the tax administrator in the manner prescribed for adjustment by the commissioner of Internal 31 Revenue in 26 U.S.C. § 1(f). 32 (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode 33 Island taxable income shall be determined by deducting from federal adjusted gross income as 34 defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island LC003491 - Page 4 of 19 1 itemized-deduction amount and the Rhode Island exemption amount as determined in this section. 2 (A) Tax imposed. 3 (1) There is hereby imposed on the taxable income of married individuals filing joint 4 returns and surviving spouses a tax determined in accordance with the following table: 5 If taxable income is: The tax is: 6 Not over $53,150 3.75% of taxable income 7 Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 8 Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 9 Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 10 Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 11 (2) There is hereby imposed on the taxable income of every head of household a tax 12 determined in accordance with the following table: 13 If taxable income is: The tax is: 14 Not over $42,650 3.75% of taxable income 15 Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 16 Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 17 Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 18 Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 19 (3) There is hereby imposed on the taxable income of unmarried individuals (other than 20 surviving spouses and heads of households) a tax determined in accordance with the following 21 table: 22 If taxable income is: The tax is: 23 Not over $31,850 3.75% of taxable income 24 Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 25 Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 26 Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 27 Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 28 (4) There is hereby imposed on the taxable income of married individuals filing separate 29 returns and bankruptcy estates a tax determined in accordance with the following table: 30 If taxable income is: The tax is: 31 Not over $26,575 3.75% of taxable income 32 Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 33 Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 34 Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 LC003491 - Page 5 of 19 1 Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 2 (5) There is hereby imposed a taxable income of an estate or trust a tax determined in 3 accordance with the following table: 4 If taxable income is: The tax is: 5 Not over $2,150 3.75% of taxable income 6 Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 7 Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 8 Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 9 Over $10,450 $737.50 plus 9.90% of the excess over $10,450 10 (6) Adjustments for inflation. 11 The dollars amount contained in paragraph (A) shall be increased by an amount equal to: 12 (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; 13 (b) The cost-of-living adjustment determined under section (J) with a base year of 1993; 14 (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making 15 adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall 16 be determined under section (J) by substituting “1994” for “1993.” 17 (B) Maximum capital gains rates. 18 (1) In general. 19 If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax 20 imposed by this section for such taxable year shall not exceed the sum of: 21 (a) 2.5% of the net capital gain as reported for federal income tax purposes under section 22 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b). 23 (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 24 § 1(h)(1)(c). 25 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 26 U.S.C. § 1(h)(1)(d). 27 (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 28 § 1(h)(1)(e). 29 (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain 30 shall be determined under subdivision 44-30-2.6(c)(2)(A). 31 (C) Itemized deductions. 32 (1) In general. 33 For the purposes of section (2), “itemized deductions” means the amount of federal 34 itemized deductions as modified by the modifications in § 44-30-12. LC003491 - Page 6 of 19 1 (2) Individuals who do not itemize their deductions. 2 In the case of an individual who does not elect to itemize his deductions for the taxable 3 year, they may elect to take a standard deduction. 4 (3) Basic standard deduction. 5 The Rhode Island standard deduction shall be allowed in accordance with the following 6 table: 7 Filing status Amount 8 Single $5,350 9 Married filing jointly or qualifying widow(er) $8,900 10 Married filing separately $4,450 11 Head of Household $7,850 12 (4) Additional standard deduction for the aged and blind. 13 An additional standard deduction shall be allowed for individuals age sixty-five (65) or 14 older or blind in the amount of $1,300 for individuals who are not married and $1,050 for 15 individuals who are married. 16 (5) Limitation on basic standard deduction in the case of certain dependents. 17 In the case of an individual to whom a deduction under section (E) is allowable to another 18 taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: 19 (a) $850; 20 (b) The sum of $300 and such individual’s earned income; 21 (6) Certain individuals not eligible for standard deduction. 22 In the case of: 23 (a) A married individual filing a separate return where either spouse itemizes deductions; 24 (b) Nonresident alien individual; 25 (c) An estate or trust; 26 The standard deduction shall be zero. 27 (7) Adjustments for inflation. 28 Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount 29 equal to: 30 (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied 31 by 32 (b) The cost-of-living adjustment determined under section (J) with a base year of 1988. 33 (D) Overall limitation on itemized deductions. 34 (1) General rule. LC003491 - Page 7 of 19 1 In the case of an individual whose adjusted gross income as modified by § 44-30-12 2 exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the 3 taxable year shall be reduced by the lesser of: 4 (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 5 over the applicable amount; or 6 (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for 7 such taxable year. 8 (2) Applicable amount. 9 (a) In general. 10 For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the 11 case of a separate return by a married individual) 12 (b) Adjustments for inflation. 13 Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: 14 (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by 15 (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. 16 (3) Phase-out of Limitation. 17 (a) In general. 18 In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, 19 the reduction under section (1) shall be equal to the applicable fraction of the amount which would 20 be the amount of such reduction. 21 (b) Applicable fraction. 22 For purposes of paragraph (a), the applicable fraction shall be determined in accordance 23 with the following table: 24 For taxable years beginning in calendar year The applicable fraction is 25 2006 and 2007 ⅔ 26 2008 and 2009 ⅓ 27 (E) Exemption amount. 28 (1) In general. 29 Except as otherwise provided in this subsection, the term “exemption amount” means 30 $3,400. 31 (2) Exemption amount disallowed in case of certain dependents. 32 In the case of an individual with respect to whom a deduction under this section is allowable 33 to another taxpayer for the same taxable year, the exemption amount applicable to such individual 34 for such individual s taxable year shall be zero. LC003491 - Page 8 of 19 1 (3) Adjustments for inflation. 2 The dollar amount contained in paragraph (1) shall be increased by an amount equal to: 3 (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by 4 (b) The cost-of-living adjustment determined under section (J) with a base year of 1989. 5 (4) Limitation. 6 (a) In general. 7 In the case of any taxpayer whose adjusted gross income as modified for the taxable year 8 exceeds the threshold amount shall be reduced by the applicable percentage. 9 (b) Applicable percentage. 10 In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the 11 threshold amount, the exemption amount shall be reduced by two (2) percentage points for each 12 $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year 13 exceeds the threshold amount. In the case of a married individual filing a separate return, the 14 preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the 15 applicable percentage exceed one hundred percent (100%). 16 (c) Threshold Amount. 17 For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with 18 the following table: 19 Filing status Amount 20 Single $156,400 21 Married filing jointly of qualifying widow(er) $234,600 22 Married filing separately $117,300 23 Head of Household $195,500 24 (d) Adjustments for inflation. 25 Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: 26 (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by 27 (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. 28 (5) Phase-out of limitation. 29 (a) In general. 30 In the case of taxable years beginning after December 31, 2005, and before January 1, 31 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which 32 would be the amount of such reduction. 33 (b) Applicable fraction. 34 For the purposes of paragraph (a), the applicable fraction shall be determined in accordance LC003491 - Page 9 of 19 1 with the following table: 2 For taxable years beginning in calendar year The applicable fraction is 3 2006 and 2007 ⅔ 4 2008 and 2009 ⅓ 5 (F) Alternative minimum tax. 6 (1) General rule. There is hereby imposed (in addition to any other tax imposed by this 7 subtitle) a tax equal to the excess (if any) of: 8 (a) The tentative minimum tax for the taxable year, over 9 (b) The regular tax for the taxable year. 10 (2) The tentative minimum tax for the taxable year is the sum of: 11 (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus 12 (b) 7.0 percent of so much of the taxable excess above $175,000. 13 (3) The amount determined under the preceding sentence shall be reduced by the alternative 14 minimum tax foreign tax credit for the taxable year. 15 (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so 16 much of the federal alternative minimum taxable income as modified by the modifications in § 44- 17 30-12 as exceeds the exemption amount. 18 (5) In the case of a married individual filing a separate return, subparagraph (2) shall be 19 applied by substituting “$87,500” for $175,000 each place it appears. 20 (6) Exemption amount. 21 For purposes of this section exemption amount means: 22 Filing status Amount 23 Single $39,150 24 Married filing jointly or qualifying widow(er) $53,700 25 Married filing separately $26,850 26 Head of Household $39,150 27 Estate or trust $24,650 28 (7) Treatment of unearned income of minor children 29 (a) In general. 30 In the case of a minor child, the exemption amount for purposes of section (6) shall not 31 exceed the sum of: 32 (i) Such child s earned income, plus 33 (ii) $6,000. 34 (8) Adjustments for inflation. LC003491 - Page 10 of 19 1 The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount 2 equal to: 3 (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by 4 (b) The cost-of-living adjustment determined under section (J) with a base year of 2004. 5 (9) Phase-out. 6 (a) In general. 7 The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount 8 equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income 9 of the taxpayer exceeds the threshold amount. 10 (b) Threshold amount. 11 For purposes of this paragraph, the term “threshold amount” shall be determined with the 12 following table: 13 Filing status Amount 14 Single $123,250 15 Married filing jointly or qualifying widow(er) $164,350 16 Married filing separately $82,175 17 Head of Household $123,250 18 Estate or Trust $82,150 19 (c) Adjustments for inflation 20 Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: 21 (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by 22 (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. 23 (G) Other Rhode Island taxes. 24 (1) General rule. There is hereby imposed (in addition to any other tax imposed by this 25 subtitle) a tax equal to twenty-five percent (25%) of: 26 (a) The Federal income tax on lump-sum distributions. 27 (b) The Federal income tax on parents election to report child s interest and dividends. 28 (c) The recapture of Federal tax credits that were previously claimed on Rhode Island 29 return. 30 (H) Tax for children under 18 with investment income. 31 (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: 32 (a) The Federal tax for children under the age of 18 with investment income. 33 (I) Averaging of farm income. 34 (1) General rule. At the election of an individual engaged in a farming business or fishing LC003491 - Page 11 of 19 1 business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: 2 (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § 3 1301]. 4 (J) Cost-of-living adjustment. 5 (1) In general. 6 The cost-of-living adjustment for any calendar year is the percentage (if any) by which: 7 (a) The CPI for the preceding calendar year exceeds 8 (b) The CPI for the base year. 9 (2) CPI for any calendar year. 10 For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer 11 price index as of the close of the twelve (12) month period ending on August 31 of such calendar 12 year. 13 (3) Consumer price index. 14 For purposes of paragraph (2), the term “consumer price index” means the last consumer 15 price index for all urban consumers published by the department of labor. For purposes of the 16 preceding sentence, the revision of the consumer price index that is most consistent with the 17 consumer price index for calendar year 1986 shall be used. 18 (4) Rounding. 19 (a) In general. 20 If any increase determined under paragraph (1) is not a multiple of $50, such increase shall 21 be rounded to the next lowest multiple of $50. 22 (b) In the case of a married individual filing a separate return, subparagraph (a) shall be 23 applied by substituting “$25” for $50 each place it appears. 24 (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer 25 entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to 26 a credit against the Rhode Island tax imposed under this section: 27 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.] 28 (2) Child and dependent care credit; 29 (3) General business credits; 30 (4) Credit for elderly or the disabled; 31 (5) Credit for prior year minimum tax; 32 (6) Mortgage interest credit; 33 (7) Empowerment zone employment credit; 34 (8) Qualified electric vehicle credit. LC003491 - Page 12 of 19 1 (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, 2 a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island 3 tax imposed under this section if the adopted child was under the care, custody, or supervision of 4 the Rhode Island department of children, youth and families prior to the adoption. 5 (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits 6 provided there shall be no deduction based on any federal credits enacted after January 1, 1996, 7 including the rate reduction credit provided by the federal Economic Growth and Tax 8 Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be 9 reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax 10 purposes shall determine the Rhode Island amount to be recaptured in the same manner as 11 prescribed in this subsection. 12 (N) Rhode Island earned-income credit. 13 (1) In general. 14 For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned- 15 income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent 16 (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode 17 Island income tax. 18 For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer 19 entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit 20 equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the 21 amount of the Rhode Island income tax. 22 For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned- 23 income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half 24 percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the 25 Rhode Island income tax. 26 For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned- 27 income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) 28 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 29 income tax. 30 For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned- 31 income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%) 32 of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island 33 income tax. 34 (2) Refundable portion. LC003491 - Page 13 of 19 1 In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this 2 section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall 3 be allowed as follows. 4 (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable 5 earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned- 6 income credit exceeds the Rhode Island income tax. 7 (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) 8 refundable earned-income credit means one hundred percent (100%) of the amount by which the 9 Rhode Island earned-income credit exceeds the Rhode Island income tax. 10 (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs 11 (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years 12 thereafter for inclusion in the statute. 13 (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode 14 Island taxable income” means federal adjusted gross income as determined under the Internal 15 Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44- 16 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph 17 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph 18 44-30-2.6(c)(3)(C). 19 (A) Tax imposed. 20 (I) There is hereby imposed on the taxable income of married individuals filing joint 21 returns, qualifying widow(er), every head of household, unmarried individuals, married individuals 22 filing separate returns and bankruptcy estates, a tax determined in accordance with the following 23 table: 24 RI Taxable Income RI Income Tax 25 Over But not over Pay + % on Excess on the amount over 26 $ 0 - $ 55,000 $ 0 + 3.75% $ 0 27 55,000 - 125,000 2,063 + 4.75% 55,000 28 125,000 - 5,388 + 5.99% 125,000 29 (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in 30 accordance with the following table: 31 RI Taxable Income RI Income Tax 32 Over But not over Pay + % on Excess on the amount over 33 $ 0 - $ 2,230 $ 0 + 3.75% $ 0 34 2,230 - 7,022 84 + 4.75% 2,230 LC003491 - Page 14 of 19 1 7,022 - 312 + 5.99% 7,022 2 (B) Deductions: 3 (I) Rhode Island Basic Standard Deduction. 4 Only the Rhode Island standard deduction shall be allowed in accordance with the 5 following table: 6 Filing status: Amount 7 Single $7,500 8 Married filing jointly or qualifying widow(er) $15,000 9 Married filing separately $7,500 10 Head of Household $11,250 11 (II) Nonresident alien individuals, estates and trusts are not eligible for standard 12 deductions. 13 (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island 14 purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand 15 dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. 16 The term “applicable percentage” means twenty (20) percentage points for each five thousand 17 dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable 18 year exceeds one hundred seventy-five thousand dollars ($175,000). 19 (C) Exemption Amount: 20 (I) The term “exemption amount” means three thousand five hundred dollars ($3,500) 21 multiplied by the number of exemptions allowed for the taxable year for federal income tax 22 purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same 23 as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and 24 Jobs Act (Pub. L. No. 115-97) on December 22, 2017. 25 (II) Exemption amount disallowed in case of certain dependents. In the case of an 26 individual with respect to whom a deduction under this section is allowable to another taxpayer for 27 the same taxable year, the exemption amount applicable to such individual for such individual’s 28 taxable year shall be zero. 29 (III) Identifying information required. 30 (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be 31 allowed under this section with respect to any individual unless the Taxpayer Identification Number 32 of such individual is included on the federal return claiming the exemption for the same tax filing 33 period. 34 (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event LC003491 - Page 15 of 19 1 that the Taxpayer Identification Number for each individual is not required to be included on the 2 federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer 3 Identification Number must be provided on the Rhode Island tax return for the purpose of claiming 4 said exemption(s). 5 (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island 6 purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand 7 dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term 8 “applicable percentage” means twenty (20) percentage points for each five thousand dollars 9 ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year 10 exceeds one hundred seventy-five thousand dollars ($175,000). 11 (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30- 12 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount 13 equal to: 14 (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) 15 and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; 16 (II) The cost-of-living adjustment with a base year of 2000. 17 (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is 18 the percentage (if any) by which the consumer price index for the preceding calendar year exceeds 19 the consumer price index for the base year. The consumer price index for any calendar year is the 20 average of the consumer price index as of the close of the twelve-month (12) period ending on 21 August 31, of such calendar year. 22 (IV) For the purpose of this section the term “consumer price index” means the last 23 consumer price index for all urban consumers published by the department of labor. For the purpose 24 of this section the revision of the consumer price index that is most consistent with the consumer 25 price index for calendar year 1986 shall be used. 26 (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), 27 such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a 28 married individual filing separate return, if any increase determined under this section is not a 29 multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple 30 of twenty-five dollars ($25.00). 31 (F) Credits against tax. 32 (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on 33 or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be 34 as follows: LC003491 - Page 16 of 19 1 (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit 2 pursuant to subparagraph 44-30-2.6(c)(2)(N). 3 (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided 4 in § 44-33-1 et seq. 5 (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax 6 credit as provided in § 44-30.3-1 et seq. 7 (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to 8 other states pursuant to § 44-30-74. 9 (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit 10 as provided in § 44-33.2-1 et seq. 11 (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture 12 production tax credit as provided in § 44-31.2-1 et seq. 13 (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of 14 the federal child and dependent care credit allowable for the taxable year for federal purposes; 15 provided, however, such credit shall not exceed the Rhode Island tax liability. 16 (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for 17 contributions to scholarship organizations as provided in chapter 62 of title 44. 18 (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable 19 as if no withholding were required, but any amount of Rhode Island personal income tax actually 20 deducted and withheld in any calendar year shall be deemed to have been paid to the tax 21 administrator on behalf of the person from whom withheld, and the person shall be credited with 22 having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable 23 year of less than twelve (12) months, the credit shall be made under regulations of the tax 24 administrator. 25 (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in 26 RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. 27 (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in 28 § 42-64.20-1 et seq. 29 (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode 30 Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. 31 (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, 32 unused carryforward for such credit previously issued shall be allowed for the historic 33 homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already 34 issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits LC003491 - Page 17 of 19 1 under the historic homeownership assistance act. 2 (n) Rhode Island family caregiver tax credit shall be allowed for family caregivers as 3 provided in chapter 30.4 of title 44. 4 (2) Except as provided in section 1 above, no other state and federal tax credit shall be 5 available to the taxpayers in computing tax liability under this chapter. 6 SECTION 4. This act shall take effect upon passage. ======== LC003491 ======== LC003491 - Page 18 of 19 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO TAXATION -- THE RHODE ISLAND FAMILY CAREGIVER TAX CREDIT ACT *** 1 This act would establish a tax credit against income tax based upon eligible expenditures 2 incurred by a family caregiver for the care and support of an eligible family member. The maximum 3 amount of the credit would be one thousand dollars ($1,000) and would apply to all tax years 4 beginning after December 31, 2026. 5 This act would take effect upon passage. ======== LC003491 ======== LC003491 - Page 19 of 19