Enlarge image | 2023 RI-1041 FIDUCIARY INCOME TAX RETURN GENERAL INSTRUCTIONS WHO MUST FILE unsigned return cannot be processed. Any paid preparer who prepares a The fiduciary of a RESIDENT estate or trust must file a return on Form taxpayer's return must also sign as "preparer". If a firm or corporation pre- RI-1041 if the estate or trust: pares the return, it should be signed in the name of the firm or corporation. (1) is required to file a federal income tax return for the taxable year, or (2) had any Rhode Island taxable income for the taxable year. ACCOUNTING PERIODS AND METHODS The accounting period for which Form RI-1041 is filed and the method of The fiduciary of a NONRESIDENT estate or trust must file a return on accounting used are the same as for federal income tax purposes. If the Form RI-1041 if the estate or trust had income or gain derived from Rhode taxable year or the method of accounting is changed for federal income tax Island sources. purposes, such change applies similarly to the Rhode Island fiduciary return. DEFINITIONS REPORT OF CHANGE IN FEDERAL A RESIDENT ESTATE is the estate of a decedent who at his or her death TAXABLE INCOME was a resident individual of Rhode Island. If the amount of the federal taxable income is changed or corrected by the Federal Government, the fiduciary must report to the Rhode Island A RESIDENT TRUST means, to the extent that one or more beneficiaries Division of Taxation such change or correction within ninety (90) days after are residents in Rhode Island: the final determination of such change or correction. Any fiduciary filing an (A) A trust created by a will of a decedent who at his or her death was a amended federal income tax return must also file within ninety (90) days resident individual of Rhode Island, or thereafter an amended Rhode Island return. (B) A revocable trust which becomes irrevocable upon the occurrence of any event (including death) which terminates a person's power to WHEN AND WHERE TO FILE revoke, but only after the event, and only if the person having the power The due date is April 15, 2024 for returns filed for the calendar year 2023 to revoke was a Rhode Island resident individual at the time of such and the 15th day of the fourth month following the close of the taxable year event, or for returns filed for a year ending other than December 31. (C) An irrevocable trust created by or consisting of property contributed by a person who is a resident individual in this state at the time the trust was Mail your return to: created or the property contributed (a) while such person is alive and a Rhode Island Division of Taxation resident individual in this state, and (b) after such person's death if such One Capitol Hill person died a resident individual of this state, or Providence, RI 02908-5807 (D) An electing small business trust under regulation 1.641(c)-1 of the Internal Revenue Code, EXTENSION OF TIME (E) In cases A, B and C such trust is only a resident trust to the extent that the Any extension of time granted for filing a Rhode Island Fiduciary Income beneficiaries are Rhode Island residents. Tax Return shall not operate to extend the time for the payment of any tax due on such return. WHAT SCHEDULES TO COMPLETE In General - All estates and trusts must complete Schedule I. If the trust has a non- (1) A fiduciary that is required to file a Rhode Island Fiduciary Income Tax resident beneficiary, follow the instructions for a nonresident estate or trust. Return shall be allowed an automatic five and a half month extension of time to file such return. Resident Estates and Trusts: (2) An application must be prepared in duplicate on Form RI-8736. (1) Complete Schedule I and enter 1.0000 on page 1, line 9. (3) The original of the application must be filed on or before the date pre- (2) If the estate or trust is claiming credit for income taxes paid to another scribed for the filing of the return of the fiduciary with the Rhode Island state, complete Schedules I and III. Division of Taxation. (4) Such application for extension must show the full amount properly Nonresident Estates or Trusts: estimated as tax for such fiduciary for such taxable year, and such applica- (1) If the taxable income of the estate or trust is derived solely from Rhode tion must be accompanied by the full remittance of the amount properly esti- Island sources, complete Schedule I and enter 1.0000 on page 1, line 9. mated as tax which is unpaid as of the date prescribed for the filing of the (2) If the estate or trust has taxable income both within and without Rhode return. Island, complete Schedules I and II. NOTE: If no payment is required to be made with the Rhode Island extension form and the fiduciary is filing a federal extension form for the PERIODS TO BE COVERED same period of time, the fiduciary does not need to submit the Rhode The fiduciary taxable year for Form RI-1041 shall be the same as the fed- Island form. Attach a copy of the Federal Form 7004 to the Rhode Island eral taxable year. Fiduciary Income Tax Return at the time it is submitted. PAYMENTS OR REFUNDS WHERE TO GET FORMS PAYMENTS: Any tax due must be paid in full with the return. Make check Additional forms and instructions may be obtained from: or money order payable to the Rhode Island Division of Taxation. An amount The website: due of less than five dollars ($5) need not be paid. https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms The Division of Taxation: (401) 574-8970 REFUNDS: If an overpayment of income tax is shown on the return, a refund will be issued unless indicated on the return that such overpayment INTEREST is to be credited to the fiduciary's estimated tax liability for 2024. No other Any tax not paid when due, including failure to pay adequate estimated application for refund is necessary. Please note that no refund can be tax, is subject to interest at the rate of 12.00% (0.1200) per annum. issued unless the return is properly signed. Refunds of less than $5.00 will not be paid unless specifically requested. Interest on refunds of tax overpayments will be paid if the refund is not paid within 90 days of the due date or the date the completed return was SIGNATURE filed, whichever is later. The interest rate for tax overpayments is 8.50% The Rhode Island Fiduciary Income Tax Return must be signed. An (0.0850). Page I-1 |
Enlarge image | PENALTIES PAYMENT BY CREDIT CARD You may also use this method for making 2024 The law provides for penalties in the following For information regarding the payment of taxes Rhode Island estimated income tax payments. circumstances: by credit card, please visit the Credit Card •Failure to file an income tax return. Payments page of the Division of Taxation’s web- •Failure to pay any tax due on or before site. the due date. •Preparing or filing a fraudulent income https://tax.ri.gov/online-services/make- tax return. payment-online/credit-card-payments OTHER QUESTIONS If you paid by credit card, enter on page 1 of If you have any questions regarding comple- Form RI-1041 in the upper left corner the confir- tion of your return, further assistance may be mation number you were given at the end of the obtained by calling the Personal Income Tax transaction and the amount of your tax payment Section at (401) 574-8829 and selecting option #3. (not including the convenience fee). SPECIFIC LINE INSTRUCTIONS COMPLETE THE FEDERAL INCOME TAX RETURN FIRST are included in Federal Form 1041, line 16. The Federal Fiduciary Income Tax Return is the basis for preparing your Rhode Island Fiduciary Income Tax Return. In general, the Rhode Island fidu- The net operating loss deduction may not be carried back for Rhode Island ciary income tax is based on the fiduciary's federal total income. Accuracy purposes, but will be allowed as a carry forward on Form RI-1041 to the extent and attention to detail in completing the return in accordance with these the carry forward was used on Federal Form 1041. instructions will facilitate the processing of your tax return. Line 7 - Rhode Island Taxable Income: Subtract line 6 from line 5. Type of Return - Indicate by checking the appropriate box what type of return you are preparing. If you are preparing a bankruptcy estate, see the 2023 Line 8 - Rhode Island Income Tax: Enter the Rhode Island income tax from Rhode Island Fiduciary Tax Rate Schedules for instructions on how to file. the RI Fiduciary Tax Computation Worksheet. This schedule can be found on the Division of Taxation’s website at: Line 9 - Allocation: Nonresident estates or trusts enter the amount from page https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms 3, Schedule II, line 35. Resident estates or trusts enter 1.0000. Names, Address and Federal Employer Identification Number - Make Line 10 - RI Income Tax After Allocation: Multiply the amount on line 8 by sure the names, address and federal employer identification number on the the percentage on line 9. return are correct. Incorrect entries could delay the processing of your return. Line 11 - Credit For Income Taxes Paid To Other States: Resident estates Year End - Indicate by checking the appropriate box whether the fiduciary is or trusts only. Enter the amount from page 3, Schedule III, line 42. a calendar or fiscal year filer. If the fiduciary is a fiscal year filer, indicate the beginning and the year-end of the fiduciary in the space provided. Only fidu- Line 12 - Other RI Credits: Enter the amount of RI credits from RI Schedule ciaries with a fiscal year beginning in 2023 may use this form. CR for RI-1041, line 9. Enter the amount of each credit in the space provided and attach each required credit certificate or carry forward schedule to Form Line 1 - Federal Total Income of Fiduciary: RI-1041. See the RI Schedule CR for RI-1041 section on page I-5 of these Enter the amount of income from Federal Form 1041, line 9. instructions for more information. Line 2 - Modifications Increasing Federal Total Income: Enter the amount Line 13 - Total RI Credits: Add lines 11 and 12. of modifications increasing federal total income from RI Schedule M for RI- 1041 - page 2, line 2l. See the RI Schedule M for RI-1041 section on page Line 14a - Rhode Island Income Tax after Rhode Island Credits: Subtract I-5 of these instructions for more information. line 13 from line 10. (If zero or less, enter zero.) Line 3 - Modifications Decreasing Federal Income: Enter as a negative Line 14b - Recapture of Prior Year Other Rhode Island Credits: Enter number the amount of modifications decreasing federal income from RI amount of Credit Recapture from RI Schedule CR for RI-1041, line 12. Schedule M for RI-1041 - page 1, line 1w. See the RI Schedule M for RI- 1041 section on page I-4 of these instructions for more information. Line 14c – Electing Small Business Trust Tax: Enter the amount of Electing Small Business Trust income attributable to Rhode Island multiplied Line 4 - Net Modifications: Combine lines 2 and 3. by the highest marginal income tax rate of 5.99%. The taxable income of the S-portion is determined by taking into account the Rhode Island source Line 5 - Modified Federal Total Income: Combine lines 1 and 4. Add net income of items of income, loss, deduction or credit and applying the highest increases or subtract net decreases, whichever applies. marginal income tax rate. Line 6 - Federal Total Deductions: Enter the amount of federal deductions Line 14d – Pass-through withholding due from Schedule PTW - 1041, from Federal Form 1041, lines 16 and 22. Part B, line 13. See the RI Schedule PTW - 1041 section on page I-6 of these instructions for more information. However, if the fiduciary claimed modifications to federal total income, the fiduciary may need to recalculate the federal total deductions based Line 14e - Reserved for future use: Leave this line blank. on the fiduciary's modified federal total income. Attach a copy of the cal- culation to the return. Line 14f – Total Rhode Island Tax: Add lines 14a through 14e. The amounts included in Federal Form 1041, line 16 should only be included Line 14g – Total Tax: Total tax from page 1, line 14f. on Form RI-1041, line 6 if the costs are paid or incurred in connection with the administration of the estate or trust, and would not have been incurred had the Line 15a - RI Income Tax Withheld: Enter total amount of Rhode Island 2023 property not been held in the estate or trust. income tax withheld from RI Schedule W for RI-1041, line 16. (Attach the state copy of all forms W-2, 1099s, etc. showing Rhode Island withholding to In addition, the domestic production activity deduction and the net operating the front of the return.) Credit for Rhode Island income tax withheld will be loss deduction may be included on Form RI-1041, line 6 to the extent they allowed only for those amounts supported by attached W-2s, 1099s, etc. Page I-2 |
Enlarge image | Withholding from a pass-through entity reported on a RI Schedule K-1 should be entered on Schedule W and included in the amount for Line 15a. SCHEDULE II RI Schedule W for RI-1041, and all forms W-2, 1099s, RI Schedule K-1s, etc. ALLOCATION AND MODIFICATION showing Rhode Island withholding must be attached to Form RI-1041. Line 15b - Payments on 2023 Form RI-1041ES and Credits Carried Lines 26 through 31 - Allocation and Modification Forward From 2022: Enter the amount of estimated payments on 2023 Form RI-1041ES and the amount applied from the fiduciary's 2022 return. Column A - Percent of Ownership: Enter in column A the percentage of interest for each beneficiary of the estate or trust. Line 15c - Nonresident Real Estate Withholding: Enter the amount of Rhode Island income tax withheld on sales of real estate located in Rhode Island. Column B - Federal Income: Enter in column B the amount of federal income attributable to each of the beneficiaries and the fiduciary. Multiply the Line 15d - Pass-Through Withholding Paid on the Behalf of the Entity. percent of ownership in column A by the fiduciary's total federal income from Enter the amount of any nonresident pass-through withholding payments RI-1041, page 1, line 1. made on the fiduciary's behalf by any pass-through entities. This amount should equal the Total Pass-through withholding amount from RI Schedule Column C - Modifications to Federal Income: Enter in column C the PTW - 1041, Part C, line 14v. RI Schedule K-1s must also be attached reflect- amount of modifications to the income reported in column B for each of the ing the amount of income and withholding for the nonresident beneficiary. beneficiaries and the fiduciary. Multiply the percent of ownership in column A by the fiduciary's net modifications from RI-1041, page 1, line 4. Line 15e - Other Payments: Enter any other payments, including advance payments made with the fiduciary's application for an automatic extension of Column D - Modified Federal Income: Combine columns B and C. Add net time to file (Form RI-8736). Attach a copy of Form RI-8736 to Form RI-1041. increases or subtract net decreases. Line 15f - Total Payments: Add lines 15a, through 15e. Column E - Rhode Island Source Income: Enter in column E the amount of Rhode Island source income included in the following column: Line 15g - Previously Issued Overpayments: If filing an amended return, enter the amount of any prior overpayments for this tax period (whether Nonresidents: Enter the amount of Rhode Island source income included in refunded or carried forward previously). column B. Examples of Rhode Island source income include business con- ducted in RI, RI rental property, wages earned in RI and sale or exchange of Line 15h - Net Payments: Subtract line 15g from line 15f. RI property. Line 16a - Amount Due: If the amount on line 14g is greater than the amount Residents: Enter the amount from column D in column E. on line 15h, subtract line 15e from line 14g and enter the balance due on line 16a. Line 32, Columns B through E - Total: Add the amounts in each column and enter the total on line 32 of each column. Line 16b - Underestimating Interest: If the fiduciary owes underestimating interest, complete Form RI-2210 and indicate the amount of interest due on Line 33 - Modifications to Rhode Island Source Income: Enter the amount line 16b. of modifications in column C included in Rhode Island source income reported on line 32, column E. Line 16c - Total Amount Due: Add lines 16a and 16b. This is the total amount the fiduciary owes. This amount is payable in full with the return. An Line 34 - Modified Rhode Island Source Income: Combine lines 32, col- amount due of less than five dollars ($5) need not be paid. umn E and line 33. Add net increases or subtract net decreases. Line 17 - Overpayment: If the amount on line 15h is greater than the amount Line 35 - RI Allocation: Divide line 34 by line 32, column D (not greater than on line 14g, subtract line 14g from line 15h and enter the overpayment on line 1.000). Enter here and on page 1, line 9. 17. If there is an amount due on line 16b for underestimating interest, subtract line SCHEDULE III 16b from line 17. CREDIT FOR INCOME TAXES If the amount of underestimating interest on line 16b is more than the amount PAID TO ANOTHER STATE of overpayment from line 17, subtract line 17 from line 16b and enter the result on line 16c. Form RI-1041MU can be found on the Division of Taxation’s website at: https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms Line 18 - Refund: Enter the amount of the overpayment on line 17 that is to be refunded. Refunds of less than $5.00 will not be paid unless specifically This schedule pertains only to the fiduciary of a resident estate or trust. The requested. fiduciary of a resident estate or trust is entitled to a credit against its RI tax lia- bility for income taxes paid to other states. The credit cannot exceed the RI Line 19 - Overpayment to be applied to 2024: Enter the amount of overpay- tax on line 8. ment on line 17, which is to be applied to the fiduciary's 2024 estimated tax. If you are claiming credit for income taxes paid to more than one state, use Form RI-1041MU, Credit for Income Taxes Paid to Multiple States. Enter the applicable amounts from Form(s) RI-1041MU onto this schedule. SCHEDULE I BENEFICIARY INFORMATION Line 36 - Rhode Island Income Tax: Enter the amount from page 1, line 8. Line 37 - Income From Other State: Enter the amount of income reported to Lines 20 through 25 - Beneficiary Information Enter in lines 20 through 25 the other state. the name, address, state of residence and social security number of each beneficiary. If additional space is required, attach a supporting schedule con- If state income tax has been paid to more than one other state, prepare a sep- taining the required information. arate calculation for each state on Form RI-1041MU. Enter the amount of income from other states from Form RI-1041MU, line 29. If you need to use more than one Form RI-1041MU, add all of the line 29 amounts together and enter the total amount on line 41. Page I-3 |
Enlarge image | Line 38 - Modified Federal Total Income: Enter the amount from page 1, line RI SCHEDULE M FOR RI-1041 5. RI MODIFICATIONS TO Line 39 - Divide line 37 by line 38. FEDERAL TOTAL INCOME RI Schedule M can be found on the Division of Taxation’s website at: Line 40- Multiply line 36 by line 39. https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms Line 41 - Tax Due and Paid To Other State: Enter the amount of tax due and Modifications DECREASING paid to the other state. Federal Total Income: If state income tax has been paid to more than one other state, prepare a sep- Line 1a – Enter income from obligations of the United States Government to arate calculation for each state, on Form RI-1041MU. Enter the amount of the extent included in total income for federal tax purposes but exempt for credit from Form RI-1041MU, line 30. state purposes. However, this amount shall be reduced by any investment interest incurred or continued on the obligation which has been taken as a If you need to use more than one Form RI-1041MU, add all of the line 30 federal itemized deduction. Example – US Government Series E bond inter- amounts together and enter the total amount on line 41. est. Taxpayers claiming these modifications must submit a schedule showing the source and amount of income claimed to be exempt. R.I. Gen. Laws In the space provided for the name of state to which income taxes were due § 44-30-12(c)(1). and paid enter “MU”. Line 1b – Rhode Island fiduciary adjustment under R.I. Gen. Laws § 44-30-17. NOTE: You must attach a signed copy of the return filed with the other A fiduciary adjustment is allowed for a beneficiary for income that maintains its state(s). If you owe no tax to the other state(s) and are to be refunded character as it flows from the fiduciary. For example, if the estate or trust has tax all the taxes withheld or paid to the other state(s), enter $0.00 on line 40. exempt interest, the beneficiary would be allowed an adjustment for the tax exempt If included on a composite filing in another state(s), you must attach a interest and would list that fiduciary adjustment on this line. copy of the composite filing(s) showing your income and the taxes paid on your behalf. Line 1c – Elective deduction for new research and development facilities under R.I. Gen. Laws § 44-32-1. Line 42 - Maximum Tax Credit: Enter the SMALLER of lines 36, 40 or 41. Enter here and on page 1, line 11. Line 1d – Railroad Retirement benefits included in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. SCHEDULE W FOR RI-1041 Line 1e – Qualifying investment in a certified venture capital partnership RHODE ISLAND WITHHOLDING INFORMATION under R.I. Gen. Laws § 44-43-2. RI Schedule W can be found on the Division of Taxation’s website at: Line 1f – Family Education Accounts under R.I. Gen. Laws § 44-30-25(f). https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms Line 1g – Tuition Saving Program (section 529 accounts) R.I. Gen. Laws § If claiming Rhode Island income tax withheld on Form RI-1041, page 1, line 44-30-12(c)(4) - A modification decreasing federal adjusted gross income may 15a, RI Schedule W for RI-1041 must be completed and attached along with be claimed for any contributions made to a Rhode Island account under the all W-2s,1099s, etc. and RI Schedule K-1s showing Rhode Island withholding. tuition savings program. The maximum modification shall not exceed $500, $1,000 if a joint return. Lines 1 - 15: Please complete columns A, B, C and D for each W-2, 1099 or RI K-1 showing Line 1h – Exemptions from tax on profit or gain for writers, composers and Rhode Island withholding. artists residing within a section of the defined Economic Development Zone Column A: For all 1099s or RI Schedule K-1s being entered, enter the letter as defined in R.I. Gen. Laws § 44-30-1.1 within the cities of Newport, code from the chart on the bottom of Schedule W. Leave blank if information Providence, Pawtucket, Woonsocket or Warwick, or the Towns of Little being entered is from a W-2. Compton, Tiverton, Warren or Westerly and creating artistic works while a res- Column B: For each W-2, 1099 and RI Schedule K-1s being entered, enter ident of the Zone. Taxpayers claiming these modifications must submit a the name of the employer or payer. schedule showing the source and amount of income claimed to be exempt. Column C: For each W-2, enter the employer’s state identification number from box 15 of the W-2. Note: The state identification number may be different Line 1i – Depreciation that has not been taken for federal purposes because than the employer’s federal identification number. Be sure to enter the identi- of the bonus depreciation that must be subtracted from Rhode Island income fication number from box 15, rather than box b of the W-2. For each 1099, R.I. Gen. Laws § 44-61-1. enter the payer’s federal identification number. Line 1j – Depreciation that has not been taken for federal purposes because DO NOT ENTER MORE THAN 9 DIGITS FOR THE ID NUMBER. IF “00” of the increased section 179 depreciation was not taken originally - R.I. Gen. FOLLOWS THE 9 DIGIT ID NUMBER, DO NOT ENTER THE “00”. Laws § 44-61-1.1. Column D: For each W-2, 1099 or RI K-1, enter the amount of Rhode Island Line 1k – Allowable modification for performance based compensation real- withholding as shown on each form. See chart on Schedule W for box refer- ized by an eligible employee under the Rhode Island Jobs Growth Act under ence. R.I. Gen. Laws § 42-64.11-4. Line 16 - Total Rhode Island Income Tax Withheld. Add the amounts from Line 1l – Modification for exclusion for qualifying option under R.I. Gen. Laws Column D, lines 1 through 15. Enter the total here and on RI-1041, line 15a. § 44-39.3-1 AND modification for exclusion for qualifying securities or invest- ments under R.I. Gen. Laws § 44-43-8. Line 17 - Enter the number of W-2s, 1099s or RI K-1s entered on lines 1-15 showing Rhode Island income tax withheld. Line 1m – Modification for Tax Incentives for Employers under R.I. Gen. Laws § 44-55-4.1. Schedule W plus all W-2s, 1099s and RI K-1s with Rhode Island withholding must be attached to your Rhode Island return in order to receive credit for Line 1n – Tax credit income claimed on Federal return exempt for Rhode your Rhode Island withholding tax amount. Island purposes: Historic Structures-Tax Credit income under R.I. Gen. Laws § -.-(e)(), Historic Preservation Tax Credits 2013 income under R.I. Gen. Laws § 44-31.2-9(c), Motion Picture Production Company Tax Credit income or Page I-4 |
Enlarge image | Musical and Theatrical Production Tax Credit under R.I. Gen. Laws § 44-31.3- character as it flows from the fiduciary. For example, if the estate or trust has 2(b)(6). municipal bond interest from a state other than Rhode Island, the beneficiary would be allowed an adjustment for that municipal bond interest and would list that fidu- Line 1o – Active duty military pay of Nonresidents stationed in Rhode Island, ciary adjustment on this line. as well as the income of their nonresident spouses for services performed in Rhode Island. Income for services performed by the servicemember’s Line 2c – Recapture of Family Education Account Modifications under R.I. spouse in Rhode Island would be exempt from Rhode Island income tax only Gen. Laws § 44-30-25(g). if the servicemember’s spouse moves to Rhode Island solely to be with the servicemember complying with military orders sending him/her to Rhode Line 2d – Bonus depreciation that has been taken for federal purposes that Island. The servicemember and the servicemember’s spouse must also must be added back to Rhode Island income under R.I. Gen. Laws § 44-61-1. share the same non-Rhode Island domicile. Line 2e – Recapture of Tuition Savings Program modifications (section 529 Not all income earned by the servicemember or his/her spouse is exempt accounts) under R.I. Gen. Laws § 44-30-12(b)(4). from Rhode Island income tax. Non-military pay of the servicemember, as well as business income, gambling winnings or income from the ownership or Line 2f – Recapture of tax credit income previously claimed as a modification disposition of real or tangible property earned from Rhode Island by either the decreasing Federal AGI for Historic Structures - Tax Credit, Historic servicemember or his/her spouse is still subject to Rhode Island income tax. Preservation Tax Credits 2013, Motion Picture Production Company Tax Credits or Musical and Theatrical Production Tax Credits under R.I. Gen. Note: The military servicemember and/or his/her spouse may be asked to Laws § 44-33.2-3(e)(2), R.I. Gen. Laws § 44-33.6-3(f), R.I. Gen. Laws § 44- submit proof of residency to support taking this modification. 31.2-9(5) and R.I. Gen. Laws § 44-31.3-2, respectively. Line 1p – Recapture of Scituate Medical Savings Account modifications Line 2g – Recapture of Scituate Medical Savings Account modifications under R.I. Gen. Laws § 44-30-25.1(d)(1). under R.I. Gen. Laws § 44-30-25.1(d)(3)(i). Line 1q – Amounts of insurance benefits for dependents and domestic part- Line 2h – If you and/or your spouse, if applicable, are a member or partner ners included in Federal AGI pursuant to chapter 12 of title 36 or other cover of a pass-through entity that has elected to pay Rhode Island tax on Form age plan - R.I. Gen. Laws § 44-30-12(c)(6). RI-PTE, enter the amount of tax paid on your behalf by that pass-through entity. The amount of tax paid on your behalf must be added back to your Line 1r – Rhode Island full-year residents only. Up to $10,000 in unreim- Federal Adjusted Gross Income. You cannot claim the amount paid on you bursed expenses for travel, lodging and lost wages incurred by an individual and/or your spouse’s, if applicable, behalf unless that same amount is also as a result of the individual donating one or more of his/her organs to another taken as a modification increasing federal adjusted gross income. human being for organ transplantation under R.I. Gen. Laws § 44-30-12(c)(7). Modification can only be taken once during the lifetime of the individual and is NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR taken in the year that the human organ transplantation occurs. INDIVIDUALS ONLY Line 1s - Taxable Social Security income under R.I. Gen. Laws § 44-30- Line 2i – Unemployment compensation received but not included in federal 12(c)(8). Use the Social Security Modification worksheet to determine the adjusted gross income under R.I. Gen. Laws § 44-30-12(b)(6). amount of taxable social security income allowed as a decreasing modifica- tion. The Social Security Modification worksheet is available on our website, NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR www.tax.ri.gov. INDIVIDUALS ONLY NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR Line 2j – Taxable portion of Paycheck Protection Program loan amount under INDIVIDUALS ONLY R.I. Gen. Laws § 44-30-12(b)(8). Line 1t - Modification up to $20,000 for taxable retirement income from cer- NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR tain pension plans or annuities under R.I. Gen. Laws § 44-30-12(c)(9). INDIVIDUALS ONLY NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR Line 2k – Reserved for future use. This line should be left blank. INDIVIDUALS ONLY Line 2l – Total Modifications Increasing Federal Total Income: Add lines Line 1u – Deduction for Pass-Through Entity Tax claimed in prior years. 2a through 2l. Enter here and on page 1, Form RI-1041, line 2. NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR INDIVIDUALS ONLY RI SCHEDULE CR FOR RI-1041 Line 1v – Modification for taxpayers receiving military service pensions OTHER RI CREDITS under R.I. Gen. Laws § 44-30-12(c)(11). This schedule can be found on the Division of Taxation’s website at: NOTE: THIS MODIFICATION IS NOT FOR ESTATES OR TRUSTS - FOR https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms INDIVIDUALS ONLY CURRENT YEAR OTHER RI CREDITS: Line 1w – Total Modifications Decreasing Federal Total Income: Add lines 1a through 1v. Enter as a negative number here and on page 1, Form This credit schedule details “Other Rhode Island Credits” being used on your RI-1041, line 3. RI-1041. Each Rhode Island credit has its own line. On the appropriate line, enter the dollar amount of the credit being taken. The total of all credits will Modifications INCREASING be entered on page 1, Form RI-1041, line 12. Federal Total Income: Proper documentation must be submitted for each credit you are using Line 2a – Enter income from obligations of any state or its political subdivi- or carrying forward. sion, other than Rhode Island under R.I. Gen. Laws § 44-30-12(b)(1) and R.I. Gen. Laws § 44-30-12(b)(2). If you are using amounts carried forward from prior years, attach a schedule showing the year of credit origination and any amounts used to date. Line 2b – Rhode Island fiduciary adjustment under R.I. Gen. Laws § 44-30-17. A fiduciary adjustment is allowed for a beneficiary for income that maintains its Any missing or incomplete documentation may cause a delay in processing Page I-5 |
Enlarge image | your return. Line 8 - Stay Invested in RI Wavemaker Fellowship Tax Credits - RI-9283 - For eligible graduates working for a Rhode Island based employer in the field Pursuant to R.I. Gen. Laws § 44-30-2.6(c)(3)(E), only the credits men- of life, natural or environmental sciences: computer, information or software tioned on page I-6 are allowed as credits against Rhode Island Fiduciary technology: advanced mathematics or finance: engineering: industrial or other Income Tax. No other credits can be allowed. This also pertains to any commercially related design: or medicine or medical device technology. The carry forward of a credit. graduate must be approved by the Rhode Island Commerce Corporation and must possess a tax credit certificate issued by the RI Division of Taxation. If the credit you are trying to use is not listed in this section that credit is no The original certificate must be attached to the return. Any unused longer allowed against personal income tax. Entering an amount for an inel- amounts may be carried forward for four (4) years. R.I. Gen. Laws § 42-64.26 igible credit on one of these lines or on an attached statement will delay the processing of your return and result in the disallowance of the credit. Line 9 - TOTAL CREDITS - Add lines 1 through 8. Enter here and on RI -1041, page 1 line 12. Line 1 - Historic Residence Credit - RI-0715 – for approved residence reha- bilitation. Effective tax year 2017 and thereafter for unused carryforward amounts only. No new credits are authorized. In order to claim any unused RECAPTURE OF OTHER RI CREDITS: credit, you must attach the original certification from the Historical Preservation & Heritage Commission, as well as a carryforward schedule If a Rhode Island credit amount must be recaptured, enter the credit num- showing the original amount of certified credit, the year of certification and the ber, the credit name, and the amount of the credit to be recaptured in the amount of credit used since certification. The credit used should be listed by space provided on lines 10 and 11. year and amount of usage. Any unused credit may be carried forward until used. R.I. Gen. Laws § 44-33.1 Line 12 -TOTAL AMOUNT OF CREDIT TO BE RECAPTURED - Add lines 10 and 11. Enter here and on RI-1041, page 1, line 14b. Line 2 - Tax Credits for Contributions to Scholarship Organizations - RI-2276 - for business entities that make contributions to qualified scholarship organizations. The entity must apply for approval of the tax credit and will receive a tax credit certificate issued by the RI Division of Taxation. The orig- RI SCHEDULE PTW - 1041 inal certificate must be attached to the return. The credit must be used in PASS-THROUGH WITHHOLDING the tax year that the entity made the contribution. Unused amounts CANNOT TRANSMITTAL SCHEDULE be carried forward. R.I. Gen. Laws § 44-62 RI Schedule PTW - 1041 can be found on the Division of Taxation’s website at: Line 3 - Historic Structures - Tax Credit (Historic Preservation https://tax.ri.gov/forms/individual-tax-forms/fiduciary-income-tax-forms Investment Tax Credit) orHistoric Preservation Tax Credits 2013 - RI-286B – for approved rehabilitation of certified historic structures. The orig- For tax years beginning on or after January 1, 2023, Rhode Island pass- inal certificate must be attached to the return. Any unused credit amount through withholding of a pass-through entity with nonresident partners, may be carried forward for ten (10) years. R.I. Gen. Laws § 44-33.2 and R.I. members, beneficiaries and shareholders will be reported and calculated Gen. Laws § 44-33.6, respectively. using RI Schedule PTW - 1041 as part of Form RI-1041 replacing Form RI- 1096PT. Note: This credit is for holders of a Historic Preservation Investment Tax Credit certificate received under the state’s Historic Structures program RI Schedule PTW - 1041 is not required to be filed if there are no nonresident or Historic Preservation Tax Credits 2013 program. This credit is NOT members of the pass-through entity. for owners of historic residences who qualified under the Historic Homeownership Assistance Act - R.I. Gen. Laws § 44-33.1 The pass-through entity is required to include RI Schedule PTW - 1041 show- ing the amount of Rhode Island withholding for all nonresident members for Line 4 - Low Income Housing Tax Credits - RI-5442 - For eligible taxpayers whom Rhode Island taxes were withheld. This does not include any nonres- having an ownership interest in a qualified low-income housing Rhode Island ident members who have elected to file a composite return using Form RI- project that has been certified by, and received a tax credit certificate from, the 1040C-NE or elected to file on Form RI-PTE - Pass-through Entity Election. Rhode Island Department of Housing. The original certificate must be attached to the return. Any unused credit amount may be carried forward for When submitting RI Schedule PTW - 1041 with Form RI-1041, the pass- four (4) years R.I. Gen. Laws § 44-71. through entity must attach all corresponding RI Schedule K-1s . Line 5 - Rhode Island New Qualified Jobs Incentive Act 2015 Credit - If any of the following exceptions apply to the pass-through entity, check the RI 6754 - For Rhode Island businesses creating new full-time jobs that did not applicable box at the top of the form and enter the amount of income associ- previously exist in this state. The Rhode Island business must be approved ated with the exception on the appropriate line under Part B. by the Rhode Island Commerce Corporation and must possess a tax credit • Cannot distribute funds due to Federal or State restrictions certificate issued by the RI Division of Taxation. The original certificate • Exempt from income tax must be attached to the return. Any unused amounts may be carried for- • Nonresident member(s) with less than $1,000.00 in Rhode ward for four (4) years. R.I. Gen. Laws § 44-48.3 Island source income • All Rhode Island source income for the nonresident mem Line 6 - Rebuild Rhode Island Tax Credit - RI 7253 - For Rhode Island busi- ber(s) is being reported on Form RI-1040C - Composite nesses demonstrating that even though the business has committed capital Income Tax Return. investment or owner equity of at least 20% of the total project cost there exists • A pass-through entity election was made and all Rhode a project financing gap which will likely cause the project not to be completed. Island source income for the nonresident member(s) is being reported on The Rhode Island business must be approved by the Rhode Island Form RI-PTE. Commerce Corporation and must possess a tax credit certificate issued by the RI Division of Taxation. The original certificate must be attached to the If the pass-through entity cannot distribute funds due to Federal or state return. Any unused amounts may be carried forward for four (4) years. R.I. restrictions, a statement explaining what is prohibiting the distribution of the Gen. Laws § 42-64.20 funds along with all of the corresponding RI Schedule K-1s containing all required information. Line 7 - Motion Picture Production Tax Credits or Musical and Theatrical Production Tax Credits - RI-8201 - for certified production costs as deter- If all the nonresident members of the pass-through entity have Rhode Island mined by the RI Film and Television Office or the RI Division of Taxation. The source income less than $1,000.00, RI Schedule PTW - 1041 must be filed original certificate must be attached to the return. Any unused credit reporting the Rhode Island source income of all nonresident members on line amount may be carried forward for three (3) years. R.I. Gen. Laws § 44-31.2 1, calculating the pass-through withholden due and listing the Rhode Island and R.I. Gen. Laws § 44-31.3 Page I-6 |
Enlarge image | source income of all members on line 7. All of the corresponding RI Schedule Part C - Pass-through Withholding Paid on Entity’s K-1s should show the nonresident members’ withholding as zero. behalf by another Pass-through Entity Part C must be completed if claiming an amount on Form RI-1041, page 2, Part A - Nonresident Rhode Island Source Income line 15d. Attach a separate sheet if additional room is needed. In addition, a Calculation copy of RI Schedule K-1 issued to the entity must be attached in order for credit to be given. Failure to attach a copy will result in the disallowance of Line 1 – Enter the pass-through entity’s income distribution deduction from the pass-through withholding amount until documentation is provided. Federal Form 1041, line 18. Enter the amount of any nonresident pass-through withholding payments Line 2 – Enter the amount of Rhode Island source income included in the made on the entity’s behalf by another pass-through entity. This amount amount on line 1. should equal the Total Pass-through withholding amount from RI Schedule PTW - 1041, Part C, line 14v. Line 3 – Enter the nonresident portion of Rhode Island source income includ- ed in the amount on line 2. Part B - Pass-through Withholding Calculation Line 4 – Using the amount of Rhode Island source income for all nonresi- dents from line 3, enter the amount attributed to nonresident members that are C Corporations on line 4a and that are Sub S Corporations, Individuals, LLCs, Partnerships and Trusts on line 4b. Lines 4a and 4b must equal line 3. For lines 5 through 9: Use the appropriate column(s) based on entity type and enter the Rhode Island source of income of the nonresident member(s) not subject to pass-through withholding on RI Schedule PTW - 1041. Column A: C Corporations Column B: Sub S Corporations, Individuals, LLCs, Partnerships and Trusts. Line 5 – Enter the amount of Rhode Island source income for all nonresi- dent members of the pass-through entity which cannot be distributed due to Federal or State restrictions. Line 6 – Enter the amount of Rhode Island source income for all nonresi- dent members of the pass-through entity exempt from tax. Line 7 – Enter the amount of Rhode Island source of income of those nonres- ident members with income less than $1,000 net modifications. Line 8 – Enter the amount of the Rhode Island source of income of nonresi- dent members being reported on Form RI-1040C - Composite Income Tax Return. Line 9 – Enter Rhode Island source of income of those nonresidents being reported on Form RI-PTE - Pass-through Entity Election. Line 10 – Rhode Island source income of nonresident members subject to PT withholding Column A, subtract the amounts from lines 5a - 9a from line 4a. Column B, subtract the amounts from lines 5b - 9b from line 4b. Line 11 – Rhode Island pass-through withholding rate. For C corporations only, the rate is 7.0%. For Sub S corporations, individuals, LLCs, partnerships and trusts, the rate is 5.99%. Line 12 – For each column, multiply the amount of Rhode Island source income of those nonresidents from line 10 by the pass-through withholding rate on line 11 to calculate the pass-through withholding amount. Line 13 – Add lines 12a and 12b. Enter here and on Form RI-1041, 14d. Page I-7 |