§ 44-14-14.5. Payroll factor.
(a) General. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the taxable year by the taxpayer for compensation and the denominator of which is the total compensation paid both within and outside of this state during the taxable year. The payroll factor shall include only that compensation which is included in the computation of the apportionable income tax base for the taxable year.
(b) When compensation paid in this state. Compensation is paid in this state if any one of the following tests, applied consecutively, is met:
(1) The employee’s services are performed entirely within this state.
(2) The employee’s services are performed both within and outside of the state, but the service performed outside of the state is incidental to the employee’s service within the state. The term “incidental” means any service which is temporary or transitory in nature, or which is rendered in connection with an isolated transaction.
(3) If the employee’s services are performed both within and outside of this state, the employee’s compensation will be attributed to this state:
(i) If the employee’s principal base of operations is within this state;
(ii) If there is no principal base of operations in any state in which some part of the services is performed, but the place from which the services are directed or controlled is in this state; or
(iii) If the principal base of operations and the place from which the services are directed or controlled are not in any state in which some part of the service is performed, but the employee’s residence is in this state.
History of Section.P.L. 1995, ch. 370, art. 34, § 5.
Structure Rhode Island General Laws
Chapter 44-14 - Taxation of Banks
Section 44-14-1. - Short title.
Section 44-14-2. - Definitions.
Section 44-14-3. - Tax on state banks.
Section 44-14-4. - Tax on national banks.
Section 44-14-5. - Minimum tax.
Section 44-14-6. - Filing of annual return.
Section 44-14-7. - Extension of time for return.
Section 44-14-8. - Statements, returns, and rules and regulations.
Section 44-14-9. - Reports filed with banking and insurance division.
Section 44-14-10. - “Net income” defined.
Section 44-14-11. - “Gross income” defined.
Section 44-14-12. - Gain or loss from disposition of securities.
Section 44-14-13. - Business expenses deductible.
Section 44-14-14. - Write-downs or reserves for security losses.
Section 44-14-14.1. - Apportionment and allocation of income for purposes of taxation.
Section 44-14-14.2. - Definitions applicable to §§ 44-14-14.1 — 44-14-14.5.
Section 44-14-14.3. - Receipts factor.
Section 44-14-14.4. - Property factor.
Section 44-14-14.5. - Payroll factor.
Section 44-14-15. - Dividends excluded from income.
Section 44-14-16. - Liability of fiduciaries.
Section 44-14-17. - Exemption of intangible property and stock from taxation.
Section 44-14-18. - Payment of tax.
Section 44-14-19. - Examination and correction of returns — Refund or credit.
Section 44-14-19.1. - Claims for refund — Hearing upon denial.
Section 44-14-19.2. - Limitations on assessment.
Section 44-14-20. - Interest on delinquent payments.
Section 44-14-21. - Lien on real estate.
Section 44-14-22. - Supplemental returns.
Section 44-14-23. - Information confidential — Types of disclosure authorized.
Section 44-14-24. - Power to summon witnesses.
Section 44-14-25. - Service of summons.
Section 44-14-26. - Enforcement of summons.
Section 44-14-27. - Determination of tax without return.
Section 44-14-28. - Pecuniary penalty for failure to file return.
Section 44-14-29. - Pecuniary penalty for false return.
Section 44-14-30. - Collection of pecuniary penalties.
Section 44-14-31. - Examination of books and witnesses.
Section 44-14-32. - Penalty for violations by banks.
Section 44-14-33. - Penalty for violations by individuals.
Section 44-14-34. - Penalty for failure to file return.
Section 44-14-35. - Hearing on application by bank.