§ 44-14-3. Tax on state banks.
(a) Each banking institution organized or incorporated under the laws of this state or having its principal place of business or a branch located within the limits of this state shall annually pay a tax or excise to the state for the privilege of existing as a banking institution during any part of the taxable year. The tax is measured by:
(1) Net income, as defined in § 44-14-10, for the income period and is computed at the rate of nine percent (9%) of the net income; or
(2) Authorized capital stock as of the last day of the income period and is computed at the rate of two dollars fifty cents ($2.50) for each ten thousand dollars ($10,000), or fractional part, of an authorized capital stock; whichever measure yields the greater amount of tax.
(b) In the case of a banking institution not organized or incorporated under the laws of this state, but having its principal place of business or branch located within the limits of this state, its net income is apportioned to this state under rules and regulations promulgated by the tax administrator.
(c)(1) A banking institution having an election in effect under subchapter S, 26 U.S.C. § 1361 et seq., (including a banking institution that is a qualified subchapter S subsidiary, as defined by 26 U.S.C. § 1361, of a corporation or banking institution having an election in effect under 26 U.S.C. § 1361 et seq.) is not subject to the Rhode Island tax or excise on banking institutions, except that the banking institution shall be subject to the provisions of subdivision (a)(1) of this section to the extent the income is subjected to federal tax under subchapter S.
(2) The shareholders of the banking institution who are residents of Rhode Island shall include in their income their proportionate share of the banking institution’s federal taxable income.
(3) If any shareholder of the banking institution is a nonresident during any part of the banking institution’s taxable year, he or she shall file a Rhode Island personal income tax return in accordance with the rules and regulations as promulgated by the tax administrator.
History of Section.P.L. 1942, ch. 1212, art. 7, § 3; P.L. 1943, ch. 1341, § 2; G.L. 1956, § 44-14-3; P.L. 1958, ch. 17, art. 2, § 1; P.L. 1959, ch. 169, art. 1, § 1; P.L. 1960, ch. 66, art. 1, § 1; P.L. 1968, ch. 263, art. 6, § 1; P.L. 1970, ch. 139, art. 1, § 2; P.L. 1989, ch. 253, § 1; P.L. 1995, ch. 370, art. 34, § 2; P.L. 1999, ch. 354, § 30; P.L. 2000, ch. 459, § 1.
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.