§ 44-1-11.1. Set-off for delinquent taxes — Trust funds.
If the tax administrator determines that any person, firm, corporation, partnership, or other entity doing business with the state or a state agency has neglected or refused to pay over to the tax administrator trust fund taxes as defined in § 44-19-35 or 44-30-76 and/or has failed to file tax returns for those trust funds, the tax administrator shall notify the state controller of the delinquency. The state controller, upon certification of the amount of the tax delinquency by the tax administrator, shall set-off the amount of the tax delinquency against any payment due that person or entity, and the tax administrator shall credit that amount against the tax due.
Provided, that the tax administrator may not seek set-off until time that a delinquency determination for the trust funds has been directed to the person or entity. Provided, further, that if a person or entity assessed a deficiency determination for the trust funds has requested a hearing on the assessment within the applicable statutory period, no request for set-off may be made while the matter is pending in hearing or from any appeal.
History of Section.P.L. 1991, ch. 6, art. 25, § 1.
Structure Rhode Island General Laws
Chapter 44-1 - State Tax Officials
Section 44-1-1. - Tax administrator — Appointment.
Section 44-1-2. - Powers and duties of tax administrator.
Section 44-1-3. - Delegation of power to collect fees.
Section 44-1-4. - Rules and regulations.
Section 44-1-6. - Additional collection powers — Nonresident contractors.
Section 44-1-7. - Interest on delinquent payments.
Section 44-1-7.1. - Interest on overpayments.
Section 44-1-8. - Taxes and fees as debt to state.
Section 44-1-9. - Extension of time for filing of reports.
Section 44-1-10. - Compromise or abatement of uncollectible or excessive taxes.
Section 44-1-11. - Refund or credit for overpayments.
Section 44-1-11.1. - Set-off for delinquent taxes — Trust funds.
Section 44-1-12. - Reports under oath — False statements.
Section 44-1-13. - Notice to administrator of constitutional or construction questions in court.
Section 44-1-14.1. - Joint examinations of returns with other jurisdictions.
Section 44-1-15. - Destruction of obsolete records — Preservation of corporate returns.
Section 44-1-16 - — 44-1-22. Repealed.
Section 44-1-23. - Release of tax liens.
Section 44-1-24. - Acquisition of property for delinquent state taxes.
Section 44-1-25. - Priority of state tax actions.
Section 44-1-26. - Reciprocal enforcement of tax liabilities between this state and other states.
Section 44-1-27. - Uncollectible checks.
Section 44-1-28. - Mailing as timely tax filing and payment.
Section 44-1-29. - Collection by writ of execution.
Section 44-1-31. - Taxes and child support to be paid by electronic funds transfer.
Section 44-1-31.1. - Returns to be filed by paid tax return preparers electronically.
Section 44-1-32. - Hearing on application by taxpayer.
Section 44-1-33. - Indemnification.
Section 44-1-35. - Outside collection agencies.
Section 44-1-37. - Administrative penalties and attorney’s fees.
Section 44-1-38. - Jeopardy determinations.