State Codes and Statutes

Statutes > Rhode-island > Title-44 > Chapter-44-11 > 44-11-14-1

SECTION 44-11-14.1

   § 44-11-14.1  Certified facilityapportionment exclusion. – (a) In the event that the taxpayer has a Rhode Island facility which is bothcertified and registered by the United States Food and Drug Administration(USFDA) and is considered manufacturing as defined by the US StandardIndustrial Classification Code(s)(SIC Code) 283, and 384, the taxpayer mayexclude from the allocation formula set forth in § 44-11-14:

   (1) From the numerator of the fraction set forth in §44-11-14(a)(1), the amount, if any, by which the net book value of qualifiedproperty in the tax year for which an exclusion is claimed under this sectionexceeds the net book value of qualified property in the preceding tax year. Forpurposes of this section, "qualified property" means real estate and tangiblepersonal property used solely and exclusively in all of the taxpayer'scertified Rhode Island facilities.

   (2) From the numerator of the fraction set forth in §44-11-14(a)(3), the amount, if any, by which total qualified payroll expensesof the taxpayer in the tax year for which an exclusion is claimed under thissection exceeds the total qualified payroll expenses of the taxpayer in theimmediately preceding tax year. For purposes of this section, "qualifiedpayroll" means the total amount of salaries, wages and other compensation paidto employees and to officers, except officers who have a direct or indirectownership interest in the taxpayer in excess of five percent (5%) or who aresubstantial creditors of the taxpayer, which is attributable solely andexclusively to services performed in connection with the taxpayer's activitiesor transactions at all of the taxpayer's certified Rhode Island facilities.

   (b) In the event that a facility is certified during thetaxpayer's tax year or in the event that a facility ceases to be certifiedduring the taxpayer's tax year, the taxpayer shall prorate the amountsdetermined under subdivisions (a)(1) and (2) of this section.

   (c) The taxpayer shall attach to the return for each tax yearfor which an exclusion is claimed under this section detailed calculationssubstantiating each exclusion and proof that the taxpayer has satisfied theconditions relating to registration and certification by USFDA contained inthis section.

State Codes and Statutes

Statutes > Rhode-island > Title-44 > Chapter-44-11 > 44-11-14-1

SECTION 44-11-14.1

   § 44-11-14.1  Certified facilityapportionment exclusion. – (a) In the event that the taxpayer has a Rhode Island facility which is bothcertified and registered by the United States Food and Drug Administration(USFDA) and is considered manufacturing as defined by the US StandardIndustrial Classification Code(s)(SIC Code) 283, and 384, the taxpayer mayexclude from the allocation formula set forth in § 44-11-14:

   (1) From the numerator of the fraction set forth in §44-11-14(a)(1), the amount, if any, by which the net book value of qualifiedproperty in the tax year for which an exclusion is claimed under this sectionexceeds the net book value of qualified property in the preceding tax year. Forpurposes of this section, "qualified property" means real estate and tangiblepersonal property used solely and exclusively in all of the taxpayer'scertified Rhode Island facilities.

   (2) From the numerator of the fraction set forth in §44-11-14(a)(3), the amount, if any, by which total qualified payroll expensesof the taxpayer in the tax year for which an exclusion is claimed under thissection exceeds the total qualified payroll expenses of the taxpayer in theimmediately preceding tax year. For purposes of this section, "qualifiedpayroll" means the total amount of salaries, wages and other compensation paidto employees and to officers, except officers who have a direct or indirectownership interest in the taxpayer in excess of five percent (5%) or who aresubstantial creditors of the taxpayer, which is attributable solely andexclusively to services performed in connection with the taxpayer's activitiesor transactions at all of the taxpayer's certified Rhode Island facilities.

   (b) In the event that a facility is certified during thetaxpayer's tax year or in the event that a facility ceases to be certifiedduring the taxpayer's tax year, the taxpayer shall prorate the amountsdetermined under subdivisions (a)(1) and (2) of this section.

   (c) The taxpayer shall attach to the return for each tax yearfor which an exclusion is claimed under this section detailed calculationssubstantiating each exclusion and proof that the taxpayer has satisfied theconditions relating to registration and certification by USFDA contained inthis section.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-44 > Chapter-44-11 > 44-11-14-1

SECTION 44-11-14.1

   § 44-11-14.1  Certified facilityapportionment exclusion. – (a) In the event that the taxpayer has a Rhode Island facility which is bothcertified and registered by the United States Food and Drug Administration(USFDA) and is considered manufacturing as defined by the US StandardIndustrial Classification Code(s)(SIC Code) 283, and 384, the taxpayer mayexclude from the allocation formula set forth in § 44-11-14:

   (1) From the numerator of the fraction set forth in §44-11-14(a)(1), the amount, if any, by which the net book value of qualifiedproperty in the tax year for which an exclusion is claimed under this sectionexceeds the net book value of qualified property in the preceding tax year. Forpurposes of this section, "qualified property" means real estate and tangiblepersonal property used solely and exclusively in all of the taxpayer'scertified Rhode Island facilities.

   (2) From the numerator of the fraction set forth in §44-11-14(a)(3), the amount, if any, by which total qualified payroll expensesof the taxpayer in the tax year for which an exclusion is claimed under thissection exceeds the total qualified payroll expenses of the taxpayer in theimmediately preceding tax year. For purposes of this section, "qualifiedpayroll" means the total amount of salaries, wages and other compensation paidto employees and to officers, except officers who have a direct or indirectownership interest in the taxpayer in excess of five percent (5%) or who aresubstantial creditors of the taxpayer, which is attributable solely andexclusively to services performed in connection with the taxpayer's activitiesor transactions at all of the taxpayer's certified Rhode Island facilities.

   (b) In the event that a facility is certified during thetaxpayer's tax year or in the event that a facility ceases to be certifiedduring the taxpayer's tax year, the taxpayer shall prorate the amountsdetermined under subdivisions (a)(1) and (2) of this section.

   (c) The taxpayer shall attach to the return for each tax yearfor which an exclusion is claimed under this section detailed calculationssubstantiating each exclusion and proof that the taxpayer has satisfied theconditions relating to registration and certification by USFDA contained inthis section.