Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 35 - Estate Tax
Part 1 - Computation of Estate Tax (280-RICR-20-35-1)
Section 280-RICR-20-35-1.5 - General
Universal Citation: 280 RI Code of Rules 20 35 1.5
Current through September 18, 2024
A. The Rhode Island estate tax is imposed upon the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to transfer.
B. For decedents whose death occurs on or after January 1, 2002, but prior to January 1, 2010, the tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. § 2011 as it was in effect as of January 1, 2001.
1. Any scheduled increase in
the unified credit provided in
26 U.S.C. §
2010 in effect on January 1, 2001, or
thereafter, shall not apply. The tax shall only be imposed if the net taxable
estate shall exceed six hundred seventy-five thousand dollars ($675,000).
Exempting net taxable estates of six hundred seventy-five thousand or less
requires a unified credit of two hundred twenty thousand five hundred fifty
dollars ($220,550). See Form RI-100A, Rhode Island Estate Tax Return - Date of
death January 1, 2002 through December 31, 2014 - Tax Computation
Schedule.
2. For decedents whose
death occurs on or after January 1, 2010, and prior to January 1, 2015 the tax
is a sum equal to the maximum credit for state death taxes allowed by
26 U.S.C. §
2011 as it was in effect as of
January 1, 2001. Any scheduled increase in the unified credit provided in
26 U.S.C. §
2010 in effect on January 1, 2003, or
thereafter, shall not apply. The tax shall only be imposed if the net taxable
estate shall exceed eight hundred fifty thousand dollars ($850,000). Exempting
net taxable estates of eight hundred fifty thousand or less requires a unified
credit of two hundred eighty-seven thousand three hundred dollars ($287,300).
See Form RI-100A, Rhode Island Estate Tax Return - Date of death January 1,
2002 through December 31, 2014 table "B".
3. For decedents whose death occurs on or
after January 1, 2015, the tax is a sum equal to the maximum credit for state
death taxes allowed by
26 U.S.C. §
2011, in effect as of January
1, 2001. Any scheduled increase in the unified credit provided in
26 U.S.C. §
2010 in effect on January 1, 2003, or
thereafter, shall not apply. A Rhode Island credit shall be allowed against any
tax so determined in the amount of sixty-four thousand four hundred dollars
($64,400).
4. Beginning on January
1, 2011 and each January 1 thereafter, the threshold of eight hundred fifty
thousand dollars ($850,000) in §
1.5(B)(2) of
this Part shall be adjusted by the percentage of increase in the Consumer Price
Index for all Urban Consumers as of September 30 of the prior calendar year
compounded annually and rounded up to the nearest five dollars ($5.00)
increment. Exempting net taxable estates from the annually revised amount will
require an annual adjustment to the unified credit (line 3 of the computation
schedule). The revised taxable threshold and unified credit amounts will be
published annually on the tax division website www.tax.ri.gov along with a revised computation
schedule.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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