§ 44-19-21. Taxes as debt to state — Lien on real estate.
(a) The amount of any taxes, interest, and penalties imposed upon any taxpayer under the provisions of chapters 18 and 19 of this title is a debt due from the taxpayer to the state, is recoverable at law in the same manner as other debts, and until collected constitutes a lien upon all the real property of the taxpayer located in this state and the lien takes precedence over any other lien or encumbrance on the property except as provided in this section. The tax administrator may file a notice of the tax lien with the records of land evidence for the city or town where the property is located and it is the duty of the recorder of deeds or the city or town clerk having custody of those records to receive, file, and index the notice under the name of the taxpayer. Any of the preceding provisions of this section to the contrary notwithstanding, the lien imposed by this section is not valid with respect to property in any city or town as against any bona fide purchaser, mortgagee, or lessee, whose interest in the real property appears of record in that city or town prior to the time of filing of that notice of tax lien in that city or town.
(b) The notice of the tax lien filed shall be in writing; shall contain the name and last known address of the taxpayer, and shall state that the taxpayer is indebted to the state under chapters 18 and 19 of this title for which the tax administrator claims a lien; the notice does not need to describe the taxpayer’s property, or specify the amount of taxes owed, or the period of time covered by the delinquency. When the notice is filed in a city or town by the tax administrator, it, unless sooner discharged or released, also applies to property in the same city or town acquired by the taxpayer during a period of six (6) years from the date of filing and the filing does not need to be repeated for each successive delinquency of the taxpayer. The notice shall expire six (6) years from the date of filing unless renewed by again filing a notice on or before the expiration date. The tax administrator is obliged to discharge or release the notice of lien when the taxpayer is no longer delinquent in the payment of any of the taxes, interest, or penalties, whether incurred prior or subsequent to the date of filing of the notice, or upon request, following the expiration of the statutory lien period, as described in this subsection.
(c) For the filing of a notice of lien or discharge of lien, the recorder of deeds or the city or town clerk shall be paid out of any money appropriated for expenses of tax administration, a fee of one dollar and fifty cents ($1.50) for a completed entry.
(d) The authority granted in this section to the tax administrator to file a notice of lien shall not be held to repeal or amend in any other respect the provisions of § 44-19-30.
History of Section.P.L. 1947, ch. 1887, art. 2, § 43; G.L. 1956, § 44-19-21; R.P.L. 1957, ch. 85, § 1; P.L. 1958, ch. 148, § 1; P.L. 1959, ch. 159, § 1; P.L. 1973, ch. 263, art. 4, § 1; P.L. 1974, ch. 21, § 1.
Structure Rhode Island General Laws
Chapter 44-19 - Sales and Use Taxes — Enforcement and Collection
Section 44-19-2. - Issuance of permit — Assignment prohibited — Display.
Section 44-19-3. - Temporary permits.
Section 44-19-4. - Return of permit on cessation of business — Cancellation.
Section 44-19-5. - Suspension or revocation of permit — New permit.
Section 44-19-5.1. - Injunctive relief — Jurisdiction of court.
Section 44-19-6. - Penalty for business without permit.
Section 44-19-7. - Registration of retailers.
Section 44-19-8. - Separate listing of tax in price.
Section 44-19-9. - Advertisement as to assumption of tax by retailer.
Section 44-19-10. - Monthly returns and payments — Monthly reports by show promoters.
Section 44-19-10.1. - Prepayment of sales tax on cigarettes.
Section 44-19-10.2. - Floor stock tax on inventory.
Section 44-19-10.3. - Electronic filing of sales tax returns.
Section 44-19-11. - Deficiency determinations — Interest.
Section 44-19-12. - Pecuniary penalties for deficiencies.
Section 44-19-13. - Notice of determination.
Section 44-19-14. - Determination without return — Interest and penalties.
Section 44-19-15. - Jeopardy determinations.
Section 44-19-15.2. - Flea markets.
Section 44-19-16. - Finality of determination — Time payment due.
Section 44-19-17. - Hearing by administrator on application.
Section 44-19-19. - Judgment on review.
Section 44-19-20. - Interest and penalties on delinquent payments.
Section 44-19-20.1. - Interest on overpayments.
Section 44-19-21. - Taxes as debt to state — Lien on real estate.
Section 44-19-22. - Notice of transfer of business — Taxes due immediately.
Section 44-19-23. - Collection powers — Surety bond to pay.
Section 44-19-24. - Disposition of proceeds.
Section 44-19-25. - Claims for refund — Hearing — Judicial review.
Section 44-19-26. - Payment of refunds.
Section 44-19-27.1. - Examination of taxpayer’s records — Witnesses.
Section 44-19-27.2. - Power to summon witnesses and evidence.
Section 44-19-27.3. - Service of summons.
Section 44-19-27.4. - Enforcement of summons.
Section 44-19-28. - Reports required as to use tax.
Section 44-19-29. - Access to records of state agencies.
Section 44-19-30. - Information confidential — Types of disclosure authorized.
Section 44-19-30.1. - Waiver of confidentiality.
Section 44-19-31. - Penalty for violations generally.
Section 44-19-32. - Deposit in mail as sufficient notice.
Section 44-19-33. - Rules and regulations — Forms.
Section 44-19-35. - Tax collection as property held in trust for the state.
Section 44-19-36. - Notice to segregate trust funds.
Section 44-19-37. - Penalty for misappropriation.
Section 44-19-38. - Remedy not exclusive.
Section 44-19-39. - Exclusion of certain small sales.
Section 44-19-40. - Disposition of revenue.
Section 44-19-41. - Materialperson — Definitions and applicability.
Section 44-19-42. - Suppression of sales — Definitions and applicability.