§ 42-64-20. Exemption from taxation.
(a) The exercise of the powers granted by this chapter will be in all respects for the
benefit of the people of this state, the increase of their commerce, welfare, and
prosperity and for the improvement of their health and living conditions and will
constitute the performance of an essential governmental function and the corporation
shall not be required to pay any taxes or assessments upon or in respect of any project
or of any property or moneys of the Rhode Island commerce corporation, levied by any
municipality or political subdivision of the state; provided, that the corporation
shall make payments in lieu of real property taxes and assessments to municipalities
and political subdivisions with respect to projects of the corporation located in
the municipalities and political subdivisions during those times that the corporation
derives revenue from the lease or operation of the projects. Payments in lieu of taxes
shall be in amounts agreed upon by the corporation and the affected municipalities
and political subdivisions. Failing the agreement, the amounts of payments in lieu
of taxes shall be determined by the corporation using a formula that shall reasonably
ensure that the amounts approximate the average amount of real property taxes due
throughout the state with respect to facilities of a similar nature and size. Any
municipality or political subdivision is empowered to accept at its option an amount
of payments in lieu of taxes less than that determined by the corporation. If, pursuant
to § 42-64-13(f), the corporation shall have agreed with a municipality or political subdivision that
it shall not provide all of the specified services, the payments in lieu of taxes
shall be reduced by the cost incurred by the corporation or any other person in providing
the services not provided by the municipality or political subdivision.
(b) The corporation shall not be required to pay state taxes of any kind, and the corporation,
its projects, property, and moneys and, except for estate, inheritance, and gift taxes,
any bonds or notes issued under the provisions of this chapter and the income (including
gain from sale or exchange) from these shall at all times be free from taxation of
every kind by the state and by the municipalities and all political subdivisions of
the state. The corporation shall not be required to pay any transfer tax of any kind
on account of instruments recorded by it or on its behalf.
(c) For purposes of the exemption from taxes and assessments upon or in respect of any
project under subsection (a) or (b) of this section, the corporation shall not be
required to hold legal title to any real or personal property, including any fixtures,
furnishings or equipment which are acquired and used in the construction and development
of the project, but the legal title may be held in the name of a lessee (including
sublessees) from the corporation. This property, which shall not include any goods
or inventory used in the project after completion of construction, shall be exempt
from taxation to the same extent as if legal title of the property were in the name
of the corporation; provided that the board of directors of the corporation adopts
a resolution confirming use of the tax exemption for the project by the lessee. Such
resolution shall not take effect until thirty (30) days from passage. The resolution
shall include findings that: (1) the project is a project of the corporation under
§ 42-64-3(20), and (2) it is in the interest of the corporation and of the project that legal title
be held by the lessee from the corporation. In adopting the resolution, the board
of directors may consider any factors it deems relevant to the interests of the corporation
or the project including, for example, but without limitation, reduction in potential
liability or costs to the corporation or designation of the project as a "Project
of Critical Economic Concern� pursuant to chapter 117 of this title.
(d) For purposes of the exemption from taxes and assessments for any project of the corporation
held by a lessee of the corporation under subsection (c) of this section, any such
project shall be subject to the following additional requirements:
(1) The total sales tax exemption benefit to the lessee will be implemented through a
reimbursement process as determined by the division of taxation rather than an up-front
purchase exemption;
(2) The sales tax benefits granted pursuant to subsection (c) of this section shall only
apply to a project approved prior to July 1, 2011, and shall: (i) only apply to materials
used in the construction, reconstruction, or rehabilitation of the project and to
the acquisition of furniture, fixtures, and equipment, except automobiles, trucks
or other motor vehicles, or materials that otherwise are depreciable and have a useful
life of one year or more, for the project for a period not to exceed six (6) months
after receipt of a certificate of occupancy for any given phase of the project for
which sales tax benefits are utilized; and (ii) not exceed an amount equal to the
income tax revenue received by the state from the new full-time jobs with benefits
excluding project construction jobs, generated by the project within a period of three
(3) years from after the receipt of a certificate of occupancy for any given phase
of the project. "Full-time jobs with benefits� means jobs that require working a minimum
of thirty (30) hours per week within the state, with a median wage that exceeds by
five percent (5%) the median annual wage for the preceding year for full-time jobs
in Rhode Island, as certified by the department of labor and training with a benefit
package that is typical of companies within the lessee's industry. The sales tax benefits
granted pursuant to subsection (c) of this section shall not be effective for projects
approved on or after July 1, 2011.
(3) The corporation shall transmit the analysis required by § 42-64-10(a)(2) to the house and senate fiscal committee chairs, the department of labor and training,
and the division of taxation promptly upon completion. Annually thereafter, the department
of labor and training shall certify to the house and senate fiscal committee chairs,
the house and senate fiscal advisors, the corporation, and the division of taxation
the actual number of new full-time jobs with benefits created by the project, in addition
to construction jobs, and whether such new jobs are on target to meet or exceed the
estimated number of new jobs identified in the analysis above. This certification
shall no longer be required when the total amount of new income tax revenue received
by the state exceeds the amount of the sales tax exemption benefit granted above.
(4) The department of labor and training shall certify to the house and senate fiscal
committee chairs and the division of taxation that jobs created by the project are
"new jobs� in the state of Rhode Island, meaning that the employees of the project
are in addition to, and without a reduction of, those employees of the lessee currently
employed in Rhode Island, are not relocated from another facility of the lessee's
in Rhode Island or are employees assumed by the lessee as the result of a merger or
acquisition of a company already located in Rhode Island. Additionally, the corporation,
with the assistance of the lessee, the department of labor and training, the department
of human services, and the division of taxation shall provide annually an analysis
of whether any of the employees of the project qualify for RIte Care or RIte Share
benefits and the impact such benefits or assistance may have on the state budget.
(5) Notwithstanding any other provision of law, the division of taxation, the department
of labor and training, and the department of human services are authorized to present,
review, and discuss lessee specific tax or employment information or data with the
corporation, the house and senate fiscal committee chairs, and/or the house and senate
fiscal advisors for the purpose of verification and compliance with this resolution;
and
(6) The corporation and the project lessee shall agree that, if at any time prior to the
state recouping the amount of the sales tax exemption through new income tax collections
from the project, not including construction job income taxes, the lessee will be
unable to continue the project, or otherwise defaults on its obligations to the corporation,
the lessee shall be liable to the state for all the sales tax benefits granted to
the project plus interest, as determined in § 44-1-7, calculated from the date the lessee received the sales tax benefits.