Rhode Island General Laws
Chapter 44-11 - Business Corporation Tax
Section 44-11-38. - Collection by writ of execution.

§ 44-11-38. Collection by writ of execution.
If any tax or penalty imposed by this chapter is not 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 to be given to the adverse party, and at the time and place of the return of the notice shall summarily proceed 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, and 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 any 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.G.L. 1938, ch. 37, § 18; P.L. 1947, ch. 1887, art. 1, § 1; G.L. 1956, § 44-11-38; P.L. 1976, ch. 140, § 21.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 44 - Taxation

Chapter 44-11 - Business Corporation Tax

Section 44-11-1. - Definitions.

Section 44-11-2. - Imposition of tax.

Section 44-11-2.1. - Surtax.

Section 44-11-2.2. - Pass-through entities — Definitions — Withholding — Returns.

Section 44-11-2.3. - Pass-through entities — Election to pay state income tax at the entity level.

Section 44-11-3. - Filing of returns — Due date.

Section 44-11-4. - Returns of affiliated groups of corporations.

Section 44-11-4.1. - Combined reporting.

Section 44-11-5. - Extension of time for filing of returns.

Section 44-11-6. - Determination and payment of tax due — Hearings and redeterminations.

Section 44-11-7. - Interest on delinquency payments.

Section 44-11-7.1. - Limitations on assessment.

Section 44-11-8. - Lien on real estate.

Section 44-11-9. - Records, statements, and rules and regulations.

Section 44-11-10. - Returns and statements required to show whether corporation liable.

Section 44-11-11. - “Net income” defined.

Section 44-11-11.1. - Amortization of air or water pollution prevention or hazardous solid waste control facilities.

Section 44-11-11.2. - Definition of “treatment facility”.

Section 44-11-11.3. - Accelerated amortization deductions for certain manufacturers.

Section 44-11-12. - Dividends and interest excluded from net income.

Section 44-11-13. - Entire net income of business wholly within state.

Section 44-11-14. - Allocation of income from business partially within state.

Section 44-11-14.1. - Certified facility apportionment exclusion.

Section 44-11-14.2. - Allocation and apportionment of regulated investment companies and securities brokerage services.

Section 44-11-14.3. - Credit card banks — Allocation and apportionment of income.

Section 44-11-14.4. - Allocation and apportionment — Retirement and pension plans.

Section 44-11-14.5. - International investment management service income.

Section 44-11-14.6. - Allocation and apportionment — Manufacturers.

Section 44-11-15. - Variation of method of allocating income.

Section 44-11-16 - — 44-11-18. Repealed.

Section 44-11-19. - Supplemental returns — Additional tax or refund.

Section 44-11-20. - Claims for refund — Hearing upon denial.

Section 44-11-21. - Information confidential — Types of disclosure authorized — Penalties for unauthorized disclosure.

Section 44-11-22. - Tax administrator’s power to summon witnesses and evidence.

Section 44-11-23. - Service of summons.

Section 44-11-24. - Enforcement of summons.

Section 44-11-25. - Determination of tax without return.

Section 44-11-26. - Pecuniary penalty for failure to file return or to pay tax or for negligence.

Section 44-11-26.1. - Revocation of articles or authority to transact business for nonpayment of tax.

Section 44-11-27. - Pecuniary penalty for fraud.

Section 44-11-28. - Collection of pecuniary penalties.

Section 44-11-29. - Notice to tax administrator of sale of assets — Tax due.

Section 44-11-29.1. - Letters of good standing — Fees.

Section 44-11-30. - Examination of taxpayer’s records — Witnesses.

Section 44-11-31. - Examinations as to liability of transferee.

Section 44-11-32. - Violations by corporations.

Section 44-11-33. - Violations by individuals.

Section 44-11-34. - Criminal penalty for failure to file return.

Section 44-11-35. - Appeals.

Section 44-11-36. - Liability of fiduciaries.

Section 44-11-37. - General collection powers.

Section 44-11-38. - Collection by writ of execution.

Section 44-11-39. - Tax as debt to state.

Section 44-11-40. - Severability.

Section 44-11-41. - Tax credit for machine tool, metal trade or plastic process technician apprenticeships.

Section 44-11-42. - Repealed.

Section 44-11-43. - Passive investment treatment.

Section 44-11-44. - Annual Rhode Island corporate income and tax data report.

Section 44-11-45. - Repealed.