280-20-55 R.I. Code R. § 2.6

Current through June 20, 2024

Section 280-RICR-20-55-2.6 - Extension of Time

A. An individual, partnership or fiduciary required to file a Rhode Island income tax return may be granted an extension of time to file any return, declaration, statement, or other required document for Rhode Island income tax purposes. Pursuant to R.I. Gen. Laws § 44-30-57, as amended, no extension for filing shall exceed six (6) months, except for taxpayers outside of the United States.

B. If a taxpayer (individual, fiduciary or partnership) meets all the following tests, the Rhode Island extension form RI-4868 (individual income tax returns) or RI-8736 (fiduciary income tax returns) need not be filed:

1. The taxpayer is not required to make payment with Rhode Island extension form; and

2. The taxpayer files a proper Federal extension form; and

3. The taxpayer's request for extension covers the same time period for both Rhode Island and Federal purposes.

C. If the taxpayer meets the criteria above, the taxpayer must attach a copy of either the Federal form 4868 or the Federal form 7004 to the Rhode Island return when it is filed.

D. If a taxpayer does not meet the test in § 2.6(B) of this Part and is required to file a Rhode Island request for extension, the taxpayer shall:

1. Prepare the Rhode Island extension form (either RI-4868 or RI-8736); and

2. Show the full amount properly estimated as Rhode Island tax for that tax year;

a. Example: A taxpayer files an extension form on April 15th reporting a tax liability of $15,000 and prepayment of employer withholding tax in the amount of $12,000 and a payment with the extension of $3,000. The taxpayer files a return on the extended due date reporting a tax in the amount of $20,000. Since the amount reported on the application for extension of time to file was less than 80% of the total liability, there is no presumption of a proper estimate. The extension will be void and the addition to the tax (penalty) will be assessed unless the taxpayer can demonstrate reasonable cause.

3. File the extension form with the Rhode Island Division of Taxation on or before the due date for filing Rhode Island income tax returns; and

4. Pay the amount of Rhode Island tax due as calculated on the RI-4868 or RI-8736 form.

5. Be sure to attach a copy of the RI-4868 or RI-8736 to the Rhode Island return when it is filed.

280 R.I. Code R. § 280-RICR-20-55-2.6