AN ACT RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- LIABILITY AND COMPUTATION (Increase the estate exemption to $5,000,000 for January 1, 2027, $7,500,000 for January 1, 2029, $10,000,000 for January 1, 2031. This act would eliminate the estate tax for decedents whose death occurs on or after January 1, 2033.)

H8190

2026 -- H 8190
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LC005779
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- LIABILITY AND
COMPUTATION

Introduced By:
Representatives Phillips, Corvese, Noret, Newberry, Santucci, Hopkins,
Casey, Voas, Azzinaro, and J. Brien

Date Introduced:
February 27, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled "Estate and
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Transfer Taxes — Liability and Computation" is hereby amended to read as follows:
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44-22-1.1. Tax on net estate of decedent.
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(a)(1) For decedents whose death occurs on or after January 1, 1992, but prior to January
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1, 2002, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent
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as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death
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taxes allowed by 26 U.S.C. § 2011.
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(2) For decedents whose death occurs on or after January 1, 2002, but prior to January 1,
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2010, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent
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as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death
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taxes allowed by 26 U.S.C. § 2011 as it was in effect as of January 1, 2001; provided, however,
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that the tax shall be imposed only if the net taxable estate shall exceed six hundred seventy-five
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thousand dollars ($675,000). Any scheduled increase in the unified credit provided in 26 U.S.C. §
14
2010 in effect on January 1, 2001, or thereafter, shall not apply.
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(3) For decedents whose death occurs on or after January 1, 2010, and prior to January 1,
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2015, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent
17
as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death
18
taxes allowed by 26 U.S.C. § 2011 as it was in effect as of January 1, 2001; provided, however,

1
that the tax shall be imposed only if the net taxable estate shall exceed eight hundred and fifty
2
thousand dollars ($850,000); provided, further, beginning on January 1, 2011, and each January 1
3
thereafter until January 1, 2015, said amount shall be adjusted by the percentage of increase in the
4
Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States
5
Department of Labor Statistics determined as of September 30 of the prior calendar year; said
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adjustment shall be compounded annually and shall be rounded up to the nearest five dollar ($5.00)
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increment. Any scheduled increase in the unified credit provided in 26 U.S.C. § 2010 in effect on
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January 1, 2003, or thereafter, shall not apply.
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(4) For decedents whose death occurs on or after January 1, 2015, a tax is imposed upon
10
the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to
11
transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C.
12
§ 2011, as it was in effect as of January 1, 2001; provided, however, that a Rhode Island credit shall
13
be allowed against any tax so determined in the amount of sixty-four thousand four hundred
14
($64,400). Any scheduled increase in the unified credit provided in 26 U.S.C. § 2010 in effect on
15
January 1, 2003, or thereafter, shall not apply; provided, further, beginning on January 1, 2016, and
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each January 1 thereafter, said Rhode Island credit amount under this section shall be adjusted by
17
the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as
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published by the United States Department of Labor Statistics determined as of September 30 of
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the prior calendar year; said adjustment shall be compounded annually and shall be rounded up to
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the nearest five dollar ($5.00) increment.
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(5) For decedents whose death occurs on or after January 1, 2027, a tax is imposed upon
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the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to
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transfer. The tax shall be imposed only if the net taxable estate shall exceed five million dollars
24
($5,000,000). The tax is a sum equal to the maximum credit for state death taxes allowed by 26
25
U.S.C. § 2011, as it was in effect as of January 1, 2001; provided, however, that a Rhode Island
26
credit shall be allowed against any tax so determined. Any scheduled increase in the unified credit
27
provided in 26 U.S.C. § 2010 in effect on January 1, 2003, or thereafter, shall not apply; provided,
28
further, beginning on January 1, 2028, and each January 1 thereafter, said Rhode Island credit
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amount under this section shall be adjusted by the percentage of increase in the Consumer Price
30
Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor
31
Bureau of Labor Statistics determined as of September 30 of the prior calendar year; said
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adjustment shall be compounded annually and shall be rounded up to the nearest five dollar ($5.00)
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increment.
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(6) For decedents whose death occurs on or after January 1, 2029, a tax is imposed upon

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the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to
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transfer. The tax shall be imposed only if the net taxable estate shall exceed seven million five
3
hundred thousand dollars ($7,500,000). The tax is a sum equal to the maximum credit for state
4
death taxes allowed by 26 U.S.C. § 2011, as it was in effect as of January 1, 2001; provided,
5
however, that a Rhode Island credit shall be allowed against any tax so determined. Any scheduled
6
increase in the unified credit provided in 26 U.S.C. § 2010 in effect on January 1, 2003, or
7
thereafter, shall not apply; provided, further, beginning on January 1, 2030, and each January 1
8
thereafter, said Rhode Island credit amount under this section shall be adjusted by the percentage
9
of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the
10
United States Department of Labor Bureau of Labor Statistics determined as of September 30 of
11
the prior calendar year; said adjustment shall be compounded annually and shall be rounded up to
12
the nearest five dollar ($5.00) increment.
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(7) For decedents whose death occurs on or after January 1, 2031, a tax is imposed upon
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the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to
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transfer. The tax shall be imposed only if the net taxable estate shall exceed ten million dollars
16
($10,000,000). The tax is a sum equal to the maximum credit for state death taxes allowed by 26
17
U.S.C. § 2011, as it was in effect as of January 1, 2001; provided, however, that a Rhode Island
18
credit shall be allowed against any tax so determined. Any scheduled increase in the unified credit
19
provided in 26 U.S.C. § 2010 in effect on January 1, 2003, or thereafter, shall not apply; provided,
20
further, beginning on January 1, 2032, and each January 1 thereafter, said Rhode Island credit
21
amount under this section shall be adjusted by the percentage of increase in the Consumer Price
22
Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor
23
Bureau of Labor Statistics determined as of September 30 of the prior calendar year; said
24
adjustment shall be compounded annually and shall be rounded up to the nearest five dollar ($5.00)
25
increment.
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(8) For decedents whose death occurs on or after January 1, 2033, there shall be no tax
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imposed upon the transfer of the net estate of every resident or nonresident decedent.
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(b) If the decedent’s estate contains property having a tax situs not within the state, then
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the tax determined by this section is reduced to an amount determined by multiplying the tax by a
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fraction whose numerator is the gross estate excluding all property having a tax situs not within the
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state at the decedent’s death and whose denominator is the gross estate. In determining the fraction,
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no deductions are considered and the gross estate is not reduced by a mortgage or other
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indebtedness for which the decedent’s estate is not liable.
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(c)(1) The terms “gross taxable estate,” “federal gross estate” or “net taxable estate” used

LC005779 - Page 3 of 5
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in this chapter or chapter 23 of this title has the same meaning as when used in a comparable context
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in the laws of the United States, unless a different meaning is clearly required by the provisions of
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this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of this title to the
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Internal Revenue Code or other laws of the United States means the Internal Revenue Code of
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1954, 26 U.S.C. § 1 et seq.
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(2) For decedents whose death occurs on or after January 1, 2002, the terms “gross taxable
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estate” “federal gross estate” or “net taxable estate” used in this chapter or chapter 23 of this title
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has the same meaning as when used in a comparable context in the laws of the United States, unless
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a different meaning is clearly required by the provisions of this chapter or chapter 23 of this title.
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Any reference in this chapter or chapter 23 of this title to the Internal Revenue Code or other laws
11
of the United States means the Internal Revenue Code of 1954, 26 U.S.C. § 1 et seq., as they were
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in effect as of January 1, 2001, unless otherwise provided.
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(d) All values are as finally determined for federal estate tax purposes.
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(e) Property has a tax situs within the state of Rhode Island:
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(1) If it is real estate or tangible personal property and has actual situs within the state of
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Rhode Island; or
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(2) If it is intangible personal property and the decedent was a resident.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- LIABILITY AND
COMPUTATION
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This act would increase the net taxable estate exemption to five million dollars
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($5,000,000) for decedents whose death occurs on or after January 1, 2027, seven million five
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hundred thousand dollars ($7,500,000) for decedents whose death occurs on or after January 1,
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2029, and ten million dollars ($10,000,000) for decedents whose death occurs on or after January
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1, 2031. This act would eliminate the estate tax for decedents whose death occurs on or after
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January 1, 2033.
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This act would take effect upon passage.
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