§ 44-13-33. Collection by writ of execution.
If any tax or penalty imposed by this chapter shall not be paid within thirty (30) days after the tax or penalty shall become due and payable, the tax administrator, in addition to any other powers provided by law, may petition the sixth (6th) division of the district court for a writ of execution, setting forth the nonpayment of the tax or penalty. The court shall appoint a time for a hearing and shall cause a reasonable notice of the hearing to be given to the adverse party, and at the time and place of the return of the notice shall proceed summarily to hear the parties. If upon the hearing it shall appear that the tax or penalty is unpaid, the court shall issue an execution for the collection of the tax or penalty, which shall run to the sheriffs, or their deputies, of the several counties of this state, and in which the officer making service of the execution shall be commanded to levy upon the property of the corporation as may be taken on execution. The officer charged with the service of the execution shall serve the execution as commanded, and shall sell the property seized as property is sold when taken on execution in actions at law, or the court shall take other action as it may deem proper to enforce the payment of the tax by the appointment of a receiver of the property of the corporation, or otherwise. A party aggrieved by a final order of the court may seek review of the order in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16.
History of Section.P.L. 1942, ch. 1212, art. 6, § 16; G.L. 1956, § 44-13-33; P.L. 1976, ch. 140, § 23; P.L. 1985, ch. 181, art. 62, § 1.
Structure Rhode Island General Laws
Chapter 44-13 - Public Service Corporation Tax
Section 44-13-1. - Domestic corporations subject to tax — “Gross earnings” defined — Deductions.
Section 44-13-2. - Foreign corporations subject to tax.
Section 44-13-2.1. - Public service companies subject to tax.
Section 44-13-2.2. - Gross earnings of certain corporations and public service companies.
Section 44-13-3. - Minimum tax.
Section 44-13-4. - Rate of taxation.
Section 44-13-5. - Deductions for merchandise sales and alternative fuel.
Section 44-13-6. - Due date of annual return.
Section 44-13-7. - Extension of time for filing of returns.
Section 44-13-8. - Statements, returns, and rules and regulations.
Section 44-13-9. - Entire gross earnings of business wholly within state.
Section 44-13-10. - Apportionment of earnings from business partially within state.
Section 44-13-11. - Liability of fiduciaries.
Section 44-13-13. - Taxation of certain tangible personal property.
Section 44-13-13.1. - Personal property tax — Application of aggrieved party for hearing.
Section 44-13-13.2. - Personal property tax — Application to recover.
Section 44-13-14. - Exemption of securities from taxation.
Section 44-13-15. - Determination and payment of tax.
Section 44-13-16. - Claim for refund — Hearing upon denial.
Section 44-13-17. - Interest on delinquent payments.
Section 44-13-18. - Lien on real estate.
Section 44-13-19. - Supplemental returns.
Section 44-13-20. - Power to summon witnesses.
Section 44-13-21. - Service of summons.
Section 44-13-22. - Enforcement of summons.
Section 44-13-23. - Determination of tax without return.
Section 44-13-24. - Pecuniary penalty for failure to file return.
Section 44-13-25. - Pecuniary penalty for false return.
Section 44-13-26. - Collection of pecuniary penalties.
Section 44-13-27. - Examination of records and witnesses.
Section 44-13-28. - Penalty for violations by corporation.
Section 44-13-29. - Penalty for violations by individuals.
Section 44-13-30. - Penalty for failure to file return or statement.
Section 44-13-31. - Hearing on application by corporation.
Section 44-13-33. - Collection by writ of execution.
Section 44-13-34. - Severability.
Section 44-13-35. - Gross earnings exempt from the public service corporation tax.
Section 44-13-36. - Public service corporation tax included in utility rates.