Rhode Island Tax Relief: OIC, Payment Plans & Levy Help
Owe Rhode Island state taxes or received a notice from the Rhode Island Division of Taxation? Do not guess your next move. We review your RI tax balance, notice, deadline, payment options, and collection risk so you know what to do next.
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Rhode Island Tax Relief Overview
Owing Rhode Island state taxes is different from owing the IRS. The Rhode Island Division of Taxation, part of the Department of Revenue, has its own rules, deadlines, and collection tools. Federal tax relief strategies do not automatically apply to Rhode Island state tax debt.
Important difference: Unlike many states, Rhode Island does have an Offer in Compromise (OIC) program. If you are in serious financial hardship, you may be able to settle your Rhode Island tax debt for less than the full amount using Form RI-656.
Another critical difference: Rhode Island cannot administratively levy your bank account or wages. The Division of Taxation must petition the District Court for a writ of execution, and the court must hold a hearing first. This court-supervised process is different from the IRS and most other states.
Depending on your situation, you may need one or more of the following:
- An Offer in Compromise (Form RI-656) if you have serious financial hardship
- A payment plan (Form RI-9465) to pay over time
- An appeal if you received an assessment you disagree with
- Penalty relief if penalties make the balance impossible to pay
- Lien resolution or levy help if collection action has started
- Filing help if you have unfiled Rhode Island tax returns.
If you run a business in Rhode Island and owe sales tax or withholding tax, the stakes are higher. Sales tax is a trust fund tax under R.I. Gen. Laws § 44-19-35, and responsible persons can be held personally liable. Criminal penalties for withholding violations include fines up to $1,000 and/or imprisonment up to one year under § 44-30-76.
Rhode Island Tax Relief Options at a Glance
What Rhode Island Tax Notice Did You Receive?
Select your notice type for a quick explanation of what it means and your options.
What the Rhode Island Division of Taxation Can Do to Collect
If you owe Rhode Island state taxes and do not address the balance, the Division of Taxation has a range of collection tools. Not every case reaches the most serious actions, but the longer a balance goes unpaid, the more options the state may use.
Rhode Island Offer in Compromise (OIC)
Good News: Rhode Island Has an OIC Program
Unlike many states, Rhode Island does offer an Offer in Compromise (OIC) program. An OIC allows taxpayers in serious financial circumstances to settle tax debt for less than the full amount owed. This right is protected under the Rhode Island Taxpayer Bill of Rights.
How to Apply for a Rhode Island OIC
To apply for an Offer in Compromise, taxpayers must complete Form RI-656 (Offer in Compromise), and Form 433-A (Collection Information Statement for Individuals) or Form 433-B (Collection Information Statement for Businesses).
OIC Qualification Requirements
- Full compliance with all filing requirements
- Completion of all required forms (RI-656, 433-A or 433-B)
- Financial documentation demonstrating inability to pay the full amount
- The Division must believe the liability cannot be paid in full as a lump sum or through a payment plan.
When an OIC Is Generally Not Accepted
An OIC is generally not accepted if the Division of Taxation believes the liability can be paid in full as a lump sum or through a payment plan. If you can afford to pay through an installment agreement, the Division will likely reject your OIC request. Be realistic about your qualification chances.
The right to have an offer of compromise considered is provided in the Rhode Island Taxpayer Bill of Rights under regulation 280-RICR-20-00-4. The Tax Administrator must consider OIC requests submitted in response to specific written requests.
Source: RI Division of Taxation — Compliance & Collections Forms. Approval is discretionary. No guarantee of acceptance.
Rhode Island Tax Payment Plans
If you cannot pay your Rhode Island state tax balance in full, a payment plan (installment agreement) may be an option. Payment plan requests are made using Form RI-9465. Taxpayers must provide backup documentation as requested.
Important: Down Payment May Be Required
A down payment of approximately half (50%) of the balance owed may be required for installment agreements unless the taxpayer demonstrates an inability to pay half the balance owed. This is a significant requirement that many taxpayers may find difficult to meet.
Also worth knowing: plans are generally short-term.
Rhode Island installment agreements are typically expected to pay off the remaining balance within about 12 months, with longer terms considered only in cases of extreme financial hardship. This isn't spelled out on the official RI-9465 form itself, so treat it as a general expectation rather than a fixed statutory rule, and confirm your specific timeline with the Compliance & Collections Section when you apply.
Key Conditions for Rhode Island Payment Plans
Source: RI Division of Taxation — Installment Agreement Information. Approval is discretionary. No guarantee of approval.
Which Rhode Island Tax Relief Option Fits Your Situation?
Rhode Island Penalty Relief
Penalty relief is different from a payment plan. A payment plan lets you pay over time. Penalty relief asks Rhode Island to reduce or remove penalties when allowed under state rules.
Under R.I. Gen. Laws § 44-30-85, penalties for failure to file or pay tax may be waived if the failure was due to reasonable cause and not due to willful neglect.
How to Request Penalty Relief
To request a penalty waiver, the taxpayer must: make an affirmative showing of all facts alleged as reasonable cause; submit a written statement containing a declaration made under penalties of perjury; and file the statement with the Tax Administrator.
Reasonable Cause Standards
If the Tax Administrator determines the delinquency was due to reasonable cause and not willful neglect, the addition to tax (penalty) will not be assessed. Reasonable cause will also be presumed for the period of an extension of time to file if the underpayment is less than or equal to 20% of the tax shown on the return and any balance due is remitted with the return.
Important: Tax and Interest Must Be Paid First
All tax and interest must generally be paid in full before the Division will consider a penalty waiver request. Penalty relief does not eliminate the underlying tax or interest.
Penalty Rates in Rhode Island
Source: 280 R.I. Code R. 280-RICR-20-55-2.9 | R.I. Gen. Laws § 44-11-26 | Interest rates confirmed via tax.ri.gov Advisory 2025-23 for calendar year 2026.
Penalty Relief vs. Payment Plan
A penalty waiver and a payment plan are separate processes. A payment plan does not automatically remove penalties. Penalty relief must be requested separately and approved based on reasonable cause. Even if penalties are waived, the underlying tax and interest must still be paid.
Rhode Island Tax Assessment and Appeals
A tax assessment or deficiency notice from the Rhode Island Division of Taxation is a serious step. Once issued, it becomes the official amount the state says you owe. If you ignore it, your options to challenge the balance may be limited.
30-Day Appeal Deadline
Any taxpayer who disagrees with a notice of deficiency must file a written administrative petition with the Tax Administrator within 30 days from the date of mailing of the notice (150 days if the notice is addressed to a person outside the United States). Missing this deadline can severely limit your ability to challenge the assessment. Do not wait.
The Rhode Island Appeals Process
- Administrative Petition to the Tax Administrator: File a written petition for redetermination within 30 days of the notice of deficiency, under R.I. Gen. Laws § 44-30-89.
- District Court Review: If aggrieved by the Tax Administrator's decision, a taxpayer may petition the Rhode Island District Court (Sixth Division) within 30 days after the decision is sent by certified or registered mail, for de novo review (a new trial without deference to the agency decision), under R.I. Gen. Laws § 44-30-90.
- Supreme Court Review: A party aggrieved by a final order of the District Court may seek review in the Rhode Island Supreme Court by writ of certiorari under § 42-35-16.
About De Novo Review
For income tax, appeals to the Sixth Division District Court are subject to de novo review. This means the court conducts a completely new review of the facts and law, without giving deference to the Tax Administrator's original decision. This can be advantageous for taxpayers who believe the agency made an error.
If you received a tax assessment from Rhode Island, do not let the 30-day deadline pass. Missing the deadline can make the balance much harder to fight later.
Source: RI Division of Taxation — Administrative Decisions | RI District Court Decisions | R.I. Gen. Laws § 44-30-89 | R.I. Gen. Laws § 44-30-90
Rhode Island Tax Liens
A tax lien is a public claim filed by the state against your property. In Rhode Island, it is called a "Notice of Tax Lien" filed under R.I. Gen. Laws § 44-19-21. It can affect your credit, your ability to sell or refinance property, and your business reputation.
How Rhode Island Tax Liens Work
- Filing: The Tax Administrator files a notice of lien in the city or town where the taxpayer resides or owns property.
- Duration: 6 years from the date of filing, unless renewed by again filing a notice on or before the expiration date.
- Scope: A filed notice applies to property acquired by the taxpayer during the six-year period from the date of filing and need not be repeated for each successive delinquency.
- Credit Impact: Liens are often noted on credit reports and may adversely affect your ability to obtain credit.
- Release: The Tax Administrator is obliged to discharge or release the notice of lien when the taxpayer is no longer delinquent in the payment of any taxes, interest, or penalties, or upon request following expiration of the statutory lien period.
- Income Tax: Under § 44-30-92(d), the lien provisions of § 44-19-21 also apply to Rhode Island personal income tax.
Rhode Island vs. Other States: Shorter Lien Period
Rhode Island's 6-year lien duration is shorter than many other states (some have 10-year liens). However, the lien is renewable, so the Division can extend it indefinitely by refiling before expiration. Do not assume the lien will simply expire on its own.
Source: R.I. Gen. Laws § 44-19-21 | R.I. Gen. Laws § 44-30-92(d)
Rhode Island Court-Supervised Levy Process
Rhode Island has a more taxpayer-protective levy process than many states, which allows administrative levy without a court hearing. Unlike the IRS and most states, the Rhode Island Division of Taxation cannot administratively levy your bank account or wages. All levies must go through the courts.
How the Court-Supervised Levy Process Works
- 30-Day Notice Period: If any tax or penalty is not paid within 30 days after assessment and notice/demand, the Tax Administrator may take the next step.
- Petition to District Court: The Tax Administrator must petition the Sixth Division of the District Court for a writ of execution.
- Court Hearing: The court must provide reasonable notice and hold a hearing before issuing a writ of execution.
- Writ of Execution: If granted, the writ is directed to sheriffs or their deputies to levy upon the taxpayer's property.
- Seizure and Sale: Property seized may be sold as on executions in actions at law, or the court may enforce payment by appointing a receiver or taking other appropriate action.
Why This Matters
The court-supervised process provides an important layer of judicial oversight that most other states do not have. You have the opportunity to present your case to a judge before any property is seized. However, do not ignore court notices — failing to appear at the hearing may result in the writ being issued by default.
Statute of Limitations for Collection Actions
The Tax Administrator must petition the court within 3 years after the 30-day notice period to seek a writ of execution for personal income tax. Rhode Island has a 10-year limitation on collection actions from when a deficiency determination becomes a final collectible assessment. The 10-year period is tolled (suspended) during federal bankruptcy or state receivership proceedings. The 10-year limitation does NOT apply to trust fund liabilities (withholding tax under § 44-30-76 and sales tax under § 44-19-35).
Levy and Distraint Authority
Levy and distraint proceedings for all Rhode Island taxes are governed by Chapter 44-53 of Title 44, which provides the Tax Administrator with broad seizure and sale authority. After seizure of property, the Tax Administrator must give written notice to the owner specifying the sum demanded and, for personal property, an account of property seized.
A party aggrieved by a final order of the District Court in a levy proceeding may seek review in the Rhode Island Supreme Court by writ of certiorari.
Source: R.I. Gen. Laws § 44-30-92 | R.I. Gen. Laws Chapter 44-53
Rhode Island Wage Garnishment for Tax Debt
Wage garnishment in Rhode Island works through the court-supervised levy process. The Tax Administrator cannot simply send a garnishment notice to your employer. Instead, the Division must petition the District Court for a writ of execution, and the court must hold a hearing first.
How Wage Garnishment Works in Rhode Island
The Tax Administrator petitions the District Court for a writ of execution; the court holds a hearing with reasonable notice; if the writ is issued, it is directed to sheriffs or deputies to levy upon wages; the court may also enforce payment by appointing a receiver or taking other appropriate action.
Do Not Ignore Court Notices
If you receive notice of a court hearing regarding a petition for writ of execution, do not ignore it. This is your opportunity to present your case to a judge before any garnishment begins. Failing to appear may result in the writ being issued by default.
Rhode Island Unfiled Tax Returns
If you have not filed Rhode Island tax returns for one or more years, that can block most resolution options. The Division of Taxation may estimate your tax and issue assessments based on those estimates — sometimes higher than what you actually owe.
Filing accurate returns can sometimes reduce an incorrect balance. But do not rush or file bad returns. It is better to get the returns prepared correctly with the right income, deductions, and Rhode Island credits.
Why Filing Matters
- Unfiled returns block payment plan and OIC eligibility
- The Division may issue substitute returns with a higher tax than you actually owe
- Penalty relief generally requires all returns to be filed
- The 3-year statute of limitations on assessment does not start until a return is filed
- For false or fraudulent returns, or if no return is filed, there is no limitation on assessment.
Rhode Island Assessment Statute of Limitations
Note: § 44-30-83(a)/(b) could not be verified against full statute text in this review pass — flagged for verification.
Rhode Island Business, Sales Tax, and Payroll Tax Debt
Business tax debt is a higher risk than individual income tax debt. Sales tax and income withholding tax are trust fund taxes — money you collected or withheld that belongs to the state. The Rhode Island Division of Taxation takes these very seriously.
Sales Tax Is a Trust Fund — § 44-19-35
Under R.I. Gen. Laws § 44-19-35, all taxes collected by any retailer from purchasers constitute a trust fund for the state until paid to the Tax Administrator. This trust is enforceable against: the retailer; any officer, agent, servant, or employee of any corporate retailer responsible for collection or payment of the tax; any person receiving any part of the fund without consideration or knowing a breach of trust is being committed.
The Division takes the position that responsible person liability for sales tax is joint and several. If the Tax Administrator believes payment of trust funds will be jeopardized, the Administrator may require the retailer to segregate trust funds in a separate bank account designated as a special fund in trust for the state.
Withholding Tax Is a Trust Fund — § 44-30-76
Under R.I. Gen. Laws § 44-30-76, every employer required to deduct and withhold Rhode Island personal income tax is made liable for the tax. Any amount actually deducted and withheld shall be held as a special fund in trust for the Tax Administrator.
The term "employer" includes an officer or employee of a corporation, including a dissolved corporation, or a member or employee of a partnership, if the officer, employee, or member is under a duty to deduct and withhold Rhode Island personal income tax.
Criminal Penalties: $1,000 Fine / 1 Year Imprisonment
Under R.I. Gen. Laws § 44-30-76, employers who appropriate or convert withheld taxes face criminal penalties including fines up to $1,000, imprisonment up to one year, or both.
If the Tax Administrator believes payment of withholding trust funds will be jeopardized, the Administrator may require segregation of trust funds within 4 days. Failure to segregate may result in the Tax Administrator instituting proceedings in Superior Court to enjoin the employer from engaging in business.
Key Differences for Trust Fund Taxes
Important: No Employee Right of Action
No employee has any right of action against the employer in respect to money deducted and withheld from wages and required to be paid to the Tax Administrator. The trust is for the state, not the individual employee.
Sources: R.I. Gen. Laws § 44-19-35 | R.I. Gen. Laws § 44-30-76 | RI Division of Taxation — RIBBA Presentation
Rhode Island Statute of Limitations for Tax
Understanding the statute of limitations is critical for knowing how long Rhode Island has to assess and collect taxes from you.
Personal Income Tax
Sales and Use Tax
Note: § 44-19-13(b) figures could not be verified against full statute text in this review pass — flagged for verification.
Important: Tolling Provisions
The 10-year collection limitation period is tolled (suspended) for any period of time the taxpayer is in federal bankruptcy or state receivership proceedings. The Tax Administrator may also renew a statutory lien that was initially filed within the 10-year collection period.
Rhode Island Taxpayer Bill of Rights
Rhode Island has a Taxpayer Bill of Rights under regulation 280-RICR-20-00-4 that includes: right to notification; right to dispute and appeal; right to privacy and confidentiality; right to representation; right to request payment options, including installment agreements, OIC, and penalty waivers.
The Taxpayer Bill of Rights is an important protection. If you believe your rights have been violated during the collection process, you may have grounds to challenge the action.
Source: 280-RICR-20-00-4 — Taxpayer Rights and Responsibilities
Rhode Island Tax Relief Tools & Resources
Use these official Rhode Island resources to view your account, access forms, and understand your obligations. Then request a review if the numbers show the balance is growing or collection is already active.
Rhode Island Government Resources
These are the official Rhode Island sources for tax information, payment plans, appeals, and rules. Always check the official source for the most current information.
- Rhode Island Division of Taxation — Official tax agency portal
- Compliance & Collections Section — Payment plans, OIC, and enforcement
- Compliance & Collections Forms — Form RI-656, RI-9465, 433-A, 433-B
- Administrative Decisions — Official agency rulings
- Rhode Island Courts — District Court and Supreme Court
- Rhode Island General Laws — Title 44 — Complete tax statutes
- R.I. Gen. Laws § 44-19-21 — Tax lien filing and duration
- R.I. Gen. Laws § 44-19-35 — Sales tax trust fund
- R.I. Gen. Laws § 44-30-76 — Withholding tax trust fund
- R.I. Gen. Laws § 44-30-83 — Statute of limitations
- R.I. Gen. Laws § 44-30-92 — Collection, levy, and lien procedures
Not Sure What to Do With Your Rhode Island Tax Situation?
Select the card that matches your situation to jump to the relevant section.
Frequently Asked Questions About Rhode Island Tax Relief
Does Rhode Island have an offer in compromise?
Yes. Rhode Island does have an Offer in Compromise (OIC) program. Taxpayers in serious financial hardship can apply using Form RI-656 along with Form 433-A (for individuals) or Form 433-B (for businesses). The OIC allows qualifying taxpayers to settle tax debt for less than the full amount owed. An OIC is generally not accepted if the Division of Taxation believes the liability can be paid in full as a lump sum or through a payment plan. Full compliance with all filing requirements and financial documentation demonstrating inability to pay is required.
Can Rhode Island levy my bank account?
Rhode Island can only levy on your bank account through a court-supervised process. Unlike the IRS and most states, the Rhode Island Division of Taxation cannot administratively levy. The Tax Administrator must petition the Sixth Division of the District Court for a writ of execution. The court must provide reasonable notice and hold a hearing before issuing the writ. The writ is then directed to sheriffs or their deputies to levy upon the taxpayer's property. This court-supervised process provides an important layer of judicial oversight that most other states do not have.
How long is a Rhode Island tax lien?
A Rhode Island state tax lien lasts for 6 years from the date of filing, and it is renewable. Under R.I. Gen. Laws § 44-19-21(b), a lien notice expires six years from the date of filing unless renewed by again filing a notice on or before the expiration date. A filed notice of lien applies to property acquired by the taxpayer during the six-year period and need not be repeated for each successive delinquency. The Tax Administrator must discharge or release the lien when the taxpayer is no longer delinquent or upon request following expiration of the statutory lien period.
Is Rhode Island's sales tax a trust fund tax?
Yes. Under R.I. Gen. Laws § 44-19-35, all taxes collected by any retailer from purchasers constitute a trust fund for the state until paid to the Tax Administrator. This trust is enforceable against the retailer and against responsible persons, including any officer, agent, servant, or employee of any corporate retailer responsible for collection or payment of the tax, as well as any person receiving any part of the fund without consideration or knowing a breach of trust is being committed. The Division of Taxation takes the position that responsible person liability for sales tax is joint and several.
Can I get a payment plan for Rhode Island state taxes?
Yes. Rhode Island taxpayers who cannot pay their tax debt in full may apply for an installment agreement using Form RI-9465. A down payment of approximately half of the balance owed may be required unless the taxpayer demonstrates an inability to pay half. Plans are generally expected to be paid off within about 12 months, with longer terms considered only in cases of extreme hardship. Taxpayers on installment agreements must remain compliant with all current filing and payment obligations, and missing current payments may void the payment arrangement. Interest continues to accrue on the unpaid balance (12% for most taxes, 18% for trust fund taxes, as of 2026).
Can Rhode Island garnish my wages?
Yes, but only through a court-supervised process. After 30 days following assessment and notice/demand, the Tax Administrator may petition the District Court for a writ of execution. Once the court issues the writ, it is directed to sheriffs or deputies to levy upon the taxpayer's property, including wages. The court must hold a hearing with reasonable notice before issuing the writ. Property seized may be sold, or the court may enforce payment by appointing a receiver or taking other appropriate action.
What is the statute of limitations for Rhode Island tax collection?
Rhode Island has a 3-year statute of limitations for personal income tax assessment (from the date the return was filed) and a 10-year limitation on collection actions from when a deficiency determination becomes a final collectible assessment. The 10-year collection period is tolled during federal bankruptcy or state receivership proceedings. For false or fraudulent returns, or if no return is filed, there is no limitation on assessment. The 10-year collection limitation does NOT apply to withholding tax trust fund liabilities or sales tax trust fund liabilities, which may have different collection timeframes.
Can Rhode Island waive penalties?
Yes. Under R.I. Gen. Laws § 44-30-85, penalties for failure to file or pay tax may be waived if the failure was due to reasonable cause and not due to willful neglect. To request a penalty waiver, the taxpayer must make an affirmative showing of all facts alleged as reasonable cause in a written statement containing a declaration made under penalties of perjury. If the Tax Administrator determines the delinquency was due to reasonable cause, the penalty will not be assessed. All tax and interest must generally be paid in full before the Division will consider a penalty waiver request.
How do I appeal a Rhode Island tax assessment?
Any taxpayer who disagrees with a notice of deficiency must file a written administrative petition with the Tax Administrator within 30 days from the date of mailing (150 days if mailed to an address outside the United States), under R.I. Gen. Laws § 44-30-89. If aggrieved by the Tax Administrator's decision, the taxpayer may petition the Rhode Island District Court (Sixth Division) within 30 days after the decision is sent by certified or registered mail, under R.I. Gen. Laws § 44-30-90, for de novo review. A party aggrieved by a final order of the District Court may seek review in the Rhode Island Supreme Court by writ of certiorari. Missing the 30-day deadline can severely limit your ability to challenge the assessment.
What are the criminal penalties for withholding violations in Rhode Island?
Under R.I. Gen. Laws § 44-30-76, employers who appropriate or convert withheld taxes face criminal penalties including fines up to $1,000, imprisonment up to one year, or both. Withheld taxes are held as a special fund in trust for the Tax Administrator. If the Tax Administrator believes payment of withholding trust funds will be jeopardized, the Administrator may require segregation of trust funds within 4 days, and failure to segregate may result in the Tax Administrator instituting proceedings in Superior Court to enjoin the employer from engaging in business.
What if my Rhode Island tax debt is from sales tax or payroll withholding?
Sales tax and payroll withholding debt are treated very seriously by Rhode Island because these are trust fund taxes. Under § 44-19-35, sales tax collected is a trust fund for the state. Under § 44-30-76, withheld income tax is a special fund in trust for the Tax Administrator. Responsible persons can be held personally liable, interest is 18% annually (not 12%) as of 2026, and the 10-year collection limitation does not apply. Criminal penalties for withholding violations include fines up to $1,000 and/or imprisonment up to one year. If you owe trust fund taxes, do not treat them like ordinary income tax debt.
What if I have unfiled Rhode Island tax returns?
Unfiled returns can block most resolution options. Rhode Island may estimate your tax and issue assessments that are higher than what you actually owe. Filing accurate returns can sometimes reduce an incorrect balance. Do not rush or file bad returns. Get them prepared correctly with the right income, deductions, and credits. Note that the 3-year assessment statute of limitations does not start until a return is filed, and if no return is filed, there is no limitation on assessment.
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Sources
- 280 R.I. Code R. 280-RICR-20-55-2.9 — Penalties for Failure to File or Pay; R.I. Gen. Laws § 44-11-26
- RI Division of Taxation — Administrative Decisions; RI District Court Decision; R.I. Gen. Laws § 44-30-25, § 44-30-90
- R.I. Gen. Laws § 44-19-21 — Tax Lien Filing and Duration
- R.I. Gen. Laws § 44-30-92 — Collection, Levy, and Lien Procedures; R.I. Gen. Laws Chapter 44-53 — Levy and Distraint
- RI Division of Taxation — Compliance & Collections Forms (Form RI-656); 280-RICR-20-00-4 — Taxpayer Bill of Rights
- RI Division of Taxation — Installment Agreement Information (Form RI-9465); Compliance & Collections Section
- R.I. Gen. Laws § 44-19-35 — Sales Tax as Trust Fund; § 44-19-36 — Segregation of Trust Funds
- R.I. Gen. Laws § 44-30-76 — Withholding Tax Trust Fund
- 280-RICR-20-00-4 — Taxpayer Rights and Responsibilities
Disclaimer: This page provides general information about Rhode Island tax relief options based on publicly available statutes and agency publications. Laws are subject to change. This is not legal advice. Every tax situation is different. Results vary. We do not guarantee any specific outcome. Consult a qualified tax professional for advice about your specific situation. Verify current statutes at webserver.rilegislature.gov and official agency guidance at tax.ri.gov.