RESIDENT INDIVIDUALS - Every resident individual of Rhode Island required to file a federal income tax return must file a Rhode Island individual income tax return (RI-1040 or RI-1040S).
A resident individual who is not required to file a federal income tax return may be required to file a Rhode Island income tax return if his/her income for the taxable year is in excess of the sum of his/her personal exemptions and applicable standard deduction
"Resident" means an individual who is domiciled in the State of Rhode Island or an individual who maintains a permanent place of abode in Rhode Island and spends more than 183 days of the year in Rhode Island.
For purposes of the above definition, domicile is found to be a place an individual regards as his or her permanent home, the place to which he or she intends to return after a period of absence.
A domicile, once established, continues until a new fixed and permanent home is acquired. No change of domicile results from moving to a new location if the intention is to remain only for a limited time, even if it is for a relatively long duration. For a married couple, normally both individuals have the same domicile.
Any person asserting a change in domicile must show:
(1) an intent to abandon the former domicile,
(2) an intent to acquire a new domicile and
(3) actual physical presence in a new domicile.
JOINT AND SEPARATE RETURNS
JOINT RETURNS: Generally, if a husband and wife file a joint federal income tax return, they also must file a joint Rhode Island income tax return.
However, if either the husband or the wife is a resident and the other is a non-resident, they must file separate returns, unless they elect to file a joint return as if both were residents of Rhode Island. If the resident spouse files separately in RI and a joint federal return is filed for both spouses, the resident spouse must compute income, exemptions and tax as if a separate federal return had been filed.
If neither spouse is required to file a federal income tax return and either or both are required to file a Rhode Island income tax return, they may elect to file a joint Rhode Island income tax return. Individuals filing joint Rhode Island income tax returns are both equally liable to pay the tax. They incur what is known as ôjoint and several liabilityö for Rhode Island income tax.
SEPARATE RETURNS: Individuals filing separate federal income tax returns must file separate Rhode Island income tax returns.
MILITARY PERSONNEL
Under the provisions of the Soldiers and Sailors Civil Relief Act, the service pay of members of the armed forces can only be subject to income tax by the state of which they are legal residents. Place of legal residence at the time of entry into the service is normally presumed to be the legal state of residence and remains so until legal residence in another state is established and service records are changed accordingly. The Rhode Island income tax is imposed on all the federal taxable income of a resident who is a member of the armed forces, regardless of where such income is received. Military pay received by a nonresident service person stationed in Rhode Island is not subject to Rhode Island income tax. This does not apply to other income derived from Rhode Island sources, e.g., if the service person holds a separate job, not connected with his or her military service, income received from that job is subject to Rhode Island income tax. Income derived from Rhode Island sources by the service personÆs spouse is subject to Rhode Island income tax. Internal Revenue Code provisions governing armed forces pay while serving in a ôcombat zoneö or in an area under conditions that qualify for Hostile Fire Pay are applicable for Rhode Island purposes.
DECEASED TAXPAYERS
If the taxpayer died before filing a return for the tax year, the taxpayer's spouse or personal representative must file and sign a return the person who died if the the deceased was required to file a return. A personal representative can be an executor, administrator or anyone who is in charge of the taxpayer's property.
The person filing the return should write "deceased" after the deceased's name and show the date of death in the name and address space on the return.
If you are claiming a refund as a surviving spouse filing a joint return with the deceased, no other from is need to have the refund issued to you. However, all other filers requesting a refund due the deceased, must file Form RI-1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, to claim the refund.
If you are filing Form RI-1040H, the right to file a claim does not survive a person's death. Therefore, a claim filed on behalf of a deceased person cannot be allowed. If the claimant dies after having filed a timely claim, the amount thereof will be disbursed to another member of the household as determined by the Tax Administrator.