Rhode Island General Laws 7-16-73. Construction with other laws
(a) Unless the provisions of this chapter or the context indicate otherwise, each reference in the general laws to a “person” is deemed to include a limited liability company, and each reference to a “corporation”, except for references in the Rhode Island Business and Nonprofit Corporation Acts, and except with respect to taxation, is deemed to include a limited liability company.
Terms Used In Rhode Island General Laws 7-16-73
- Business: means any trade, occupation or other commercial activity engaged in for gain, profit or livelihood for which a corporation can be organized under chapter 1. See Rhode Island General Laws 7-16-2
- Executed: means an original signature, facsimile, or an electronically transmitted signature submitted through a medium provided and authorized by the secretary of state. See Rhode Island General Laws 7-16-2
- Foreign limited liability company: means a limited liability company formed under the laws of any state other than this state or any foreign country. See Rhode Island General Laws 7-16-2
- interest: means a member's rights in the limited liability company, collectively, including the member's share of the profits and losses of the limited liability company, the right to receive distributions of the limited liability company's assets, and any right to vote or participate in management of the limited liability company. See Rhode Island General Laws 7-16-2
- Member: means a person with an ownership interest in a limited liability company with the rights and obligations specified under this chapter. See Rhode Island General Laws 7-16-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means a state, territory or possession of the United States, or the District of Columbia. See Rhode Island General Laws 7-16-2
(b) As to taxation, a domestic or foreign limited liability company shall be treated in the same manner as it is treated under federal income tax law.
(c) If a domestic or foreign limited liability company is treated as a partnership for purposes of federal income taxation:
(1) Any member of the limited liability company during any part of the limited liability company’s taxable year shall file a Rhode Island income tax return and shall include in Rhode Island gross income that portion of the limited liability company’s Rhode Island income allocable to the member’s interest in the limited liability company.
(2) Any member of the limited liability company who is a non-resident shall execute and forward to the limited liability company before the original due date of the Rhode Island limited liability company return an agreement that states that the member will file a Rhode Island income tax return and pay income tax on the non-resident member’s share of the limited liability company’s income that was derived from or attributable to sources within this state, and the agreement shall be attached to the limited liability company’s Rhode Island return for the taxable year.
(3) In the event that the non-resident member’s executed agreement is not attached to the Rhode Island limited liability company return or the agreement set forth above is attached to the limited liability company return and subsequently the non-resident member fails to file a timely income tax return, then within thirty (30) days of the date of notice by the Tax Administrator to the limited liability company, the limited liability company shall remit to the Tax Administrator the non-resident member’s tax on the member’s share of the limited liability company’s income that was derived from or attributable to sources within this state, which tax shall be computed at the statutory rate applicable to corporations.
(4) A non-resident member is required to file a Rhode Island income tax return even though the member’s only source of Rhode Island income was that member’s share of the limited liability company’s income that was derived from or attributable to sources within this state, and the amount of remittance by the limited liability company on behalf of the non-resident member shall be allowed as a credit against that member’s Rhode Island income tax liability.
History of Section.
P.L. 1992, ch. 280, § 1.