Form Ri-6238 Draft - Residential Lead Abatement Income Tax Credit

PART 3

WORKSHEET FOR COMPUTING TOTAL HOUSEHOLD INCOME

USE THE FOLLOWING WORKSHEET TO COMPUTE YOUR TOTAL HOUSEHOLD INCOME

11.

Social Security (including Medicare premiums) and Railroad Retirement benefits............................................................................

11.

12.

Unemployment benefits, worker’s compensation...............................................................................................................................

12.

13.

Wages, salaries, tips, etc....................................................................................................................................................................

14.

Dividends and interest (taxable and nontaxable)................................................................................................................................

14.

15.

Business and Farm income (net of expenses)...................................................................................................................................

15.

16.

Pension and annuity income (taxable and nontaxable)......................................................................................................................

16.

17.

Rental income (net of expenses)........................................................................................................................................................

17.

18.

Partnership, estate and trust income..................................................................................................................................................

18.

19.

Total gain on sale or exchange of property.........................................................................................................................................

19.

20.

Loss on sale or exchange of property (capital losses are limited to $3,000.00)................................................................................

20.

21.

Cash public assistance (welfare, etc.)................................................................................................................................................

21.

22.

Alimony and support money................................................................................................................................................................

22.

23.

Nontaxable military compensation and cash benefits.........................................................................................................................

23.

24.

Other taxable income, please specify: _____________________ ....................................................................................................

24.

25.

TOTAL 2009 HOUSEHOLD INCOME - add lines 11 through 24, enter here and use to answer questions on front of form...........

GENERAL INSTRUCTIONS

If you are filing a Rhode Island income tax return and claiming a Residential

unless such claim is filed by April 15, 2010.

However, an extension for filing

Lead Abatement Income Tax Credit, attach RI-6238 to your Rhode Island

may be allowed at the Tax Administrator's discretion for sickness, absence or

income tax return. Your Residential Lead Abatement Income Tax Credit will

other disability. Mail your Residential Lead Abatement Income Tax Credit to the

decrease any income tax due or increase any income tax refund. If you are not

Rhode Island Division of Taxation - One Capitol Hill - Providence, RI 02908-

required to file a Rhode Island income tax return, Form RI-6238 may be filed

5806.

without attaching it to a Rhode Island income tax return.

IMPORTANT DEFINITIONS

NOTE: Documentation of work performed, costs incurred and certification

"Claimant" means a property owner or lessee, who has filed a claim under this

of lead-safe status must be attached to Form RI-6238 in order to qualify

chapter and was domiciled in this state for the entire calendar year for which

for the Residential Lead Abatement Income Tax Credit. Failure to attach

he or she files a claim for relief under this chapter. In the case of a claim for

the necessary documentation will delay the processing of your credit.

rented or leased residential premises, the claimant shall have rented proper-

ty during the preceding year for which he or she files for relief under this

WHO MAY QUALIFY

chapter.

Claimant does not mean or include any person claimed as a

To qualify for the Residential Lead Abatement Income Tax Credit you must:

dependent by any taxpayer under the Internal Revenue Code.

A) Have been a legal resident of Rhode Island for the entire 2009 calendar year.

“Residential

premise” means a single-family home, an individual condominium,

B) Be either a property owner or renter/lessee of a residential premise that had

and individual units in either apartment buildings or multi-family homes.

lead reduction or lead removal.

"Household" means one or more persons occupying a dwelling unit and living

C) Have incurred expenses for the lead reduction or removal on the residential

as a single nonprofit housekeeping unit. Household does not mean bona fide

premise.

lessees, tenants or roomers and borders on contract.

D) Have proof of payment for all costs incurred.

"Household

income" means all income taxable and nontaxable received by all

Complete documentation for all costs incurred must be provided.

persons of a household in a calendar year while members of the household.

Receipts

must clearly show lead related items, costs and dates pur-

chased. Only receipts for required lead work can be used for this cred-

LIMITATIONS ON CREDIT

it. Provide a list of all required lead work that was done and indicate

Under the provisions of Section 44-30.3, for calendar year 2009 the maximum

which receipt(s) and costs are associated with that required lead work.

amount of credit allowable per dwelling unit (up to three (3) units) for reduc-

Attach all of your documentation to this form.

tion/mitigation is $1,500.00. The maximum amount of credit allowable per

E) Have certification in the form of a Housing Resources Commission regulated

dwelling unit (up to three (3) units) for removal/abatement is $5,000.00.

Certificate of Conformance for Mitigation (reduction)

a Department of

Health regulated Lead Safe Certificate for Abatement (removal).

In the event two (2) individuals of a household are able to meet the qualifications

Attach your certification to this form.

for a claimant, they may determine between themselves as to who the claimant

is. If they are unable to agree, the matter is referred to the tax administrator

WHO MAY CLAIM CREDIT

and his or her decision is final. If a property is owned by two (2) or more indi-

If you meet

all

of the qualifications outlined above, you should complete Form

viduals, and more than one individual is able to qualify as a claimant, and some

RI-6238 to determine if you are entitled to a credit.

or all of the qualified individuals are not related, the individuals may determine

Pursuant to R.I.G.L. 44-30.3:

among themselves as to who the claimant is. If they are unable to agree, the

A claimant whose household income for 2009 was equal to or less than $40,900

matter is referred to the tax administrator and his or her decision is final.

will receive the full amount of the credit he/she is entitled to receive.

A claimant who rents or leases a dwelling unit to individuals whose household

Only one abatement claim may be filed for any dwelling unit. If a mitigation

income was equal to or less than $40,900 will receive their credit after the

claim has previously been filed for a dwelling unit, an abatement claim will be

claimants whose own income was equal to or less than $40,900.

reduced by the amount of the mitigation credit already claimed. This holds true

All other claimants, without regard to income or property ownership, will be paid

even if the dwelling unit has been transferred to another owner or lessee.

after the previously mentioned claimants. However, if insufficient funds exist to

pay this third group of claimants the full amount of the credit, the Tax

DENIAL OF CLAIM

Administrator will make payments to each claimant proportionately based on the

If a claim has been determined to be excessive and filed with fraudulent intent,

amount of remaining funds.

the claim will be disallowed in full. If the claim has been paid or credited against

a claimant’s tax liability, the credit will be cancelled and assessed with interest

The right to file a claim does not survive a person's death; therefore a claim filed

from the date of payment or credit until paid. Any claimant and preparer

on behalf of a deceased person cannot be allowed. If the claimant dies after

involved with filing with fraudulent intent will be guilty of a misdemeanor.

having filed a timely claim, the amount thereof will be disbursed to another mem-

If a claim has been determined to be excessive and negligently prepared, ten

ber of the household as determined by the Tax Administrator.

percent of the corrected claim will be disallowed. If the claim has been paid or

WHEN AND WHERE TO FILE

credited against a claimant’s tax liability, the credit will be reduced or cancelled,

and the proper amount will be assessed with interest from the date of payment

Your Residential Lead Abatement Income Tax Credit should be filed as soon as

or credit until paid.

possible after December 31, 2009.

No claim for the year 2009 will be allowed

Form Ri-6238 Draft - Residential Lead Abatement Income Tax Credit - 2009 Page 2

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