Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 55 - Personal Income Tax
Part 15 - Implementation of the Rhode Island Individual Health Insurance Mandate
Section 280-RICR-20-55-15.8 - Penalty Calculation and Procedure

A. The shared responsibility payment penalty shall be calculated as set forth in R.I. Gen. Laws § 44-30-101(d).

B. Pursuant to R.I. Gen. Laws § 44-30-101, the Division of Taxation will use the statewide average bronze plan premium provided by the Exchange to serve as the penalty cap for the shared responsibility payment penalty calculation. The premium for the statewide average bronze plan will be calculated based on the premium offered through the Exchange for the median-priced bronze plan available to the median-age enrollee in the applicable calendar year. Upon receiving the statewide average bronze plan premium from the Exchange, the Division of Taxation shall update the penalty cap on the Shared Responsibility Worksheet and make the worksheet available to taxpayers.

C. A taxpayer who owes the shared responsibility payment penalty must remit the penalty with any other taxes due, if applicable.

D. For purposes of calculating the penalty, a dependent under the age of eighteen (18) on January 1st of the calendar year is considered a child for the entire calendar year.

E. The shared responsibility payment penalty will only be imposed for months during which someone is a resident of Rhode Island.

F. No shared responsibility payment penalty shall be imposed with respect to any applicable individual for any month during a calendar year if the taxpayer's household income is less than the amount of gross income requiring the taxpayer to file a return, as set forth in R.I. Gen. Laws § 44-30-51 and described in §1412(b)(1)(B) of the Patient Protection and Affordable Care Act (Pub. Law 111-148).