| f | it is enacted by the general assembly as follows: section 1. | f | it is enacted by the general assembly as follows: section 1. |
| n | section 44-18-30b of the general laws in chapter 44-18 entitled "sales and use t | n | chapter 44-18 of the general laws entitled "sales and use taxes — liability and |
| axes — liability and computation" is hereby amended to read as follows: 44-18-30 | | computation" is hereby amended by adding thereto the following section: 44-18-36 |
| b. | | .2. |
| exemption from sales tax for sales by writers, composers, artists — findings. | | digital advertising services tax. |
| (a) the general assembly makes the following findings of facts: (1) the arts and | | (a) there is hereby levied and imposed, upon every purchaser of digital advertis |
| culture are a significant asset for rhode island, one that generates revenue th | | ing services, in addition to all other taxes and fees now imposed by law, a loca |
| rough increased tourism and economic activity; creates jobs and economic opportu | | l digital advertising services tax upon each and every digital advertisement sol |
| nities; revitalizes communities adding to quality of life and property values; a | | d within the state of rhode island at a rate of: (i) two and one-half percent (2 |
| nd fosters creativity, innovation, and entrepreneurship. | | .5%) of the assessable base for a person with global revenues of one hundred mil |
| | | lion dollars ($100,000,000) through one billion dollars ($1,000,000,000); (ii) f |
| | | ive percent (5.0%) of the assessable base for a person with global revenues of o |
| | | ne billion dollars ($1,000,000,000) through five billion dollars ($5,000,000,000 |
| | | ); and (iii) seven and one-half percent (7.5%) of the assessable base for a pers |
| | | on with global revenues of five billion dollars ($5,000,000,000) through fifteen |
| | | billion dollars ($15,000,000,000). |
| (2) since 1998, the establishment of arts districts, where “one-of-a-kind, limit | | (b) the tax shall be paid to the tax administrator by the retailer at the time a |
| ed- production” works of art may be sold exempt from state sales tax, has result | | nd in the manner provided, pursuant to rules and regulations promulgated by the |
| ed in an increased presence for the arts in designated cities and towns, with be | | tax administration pursuant to § 44- 1-4. |
| nefits to those communities and to the state. | | |
| (3) since the establishment of arts districts, many communities have sought legi | | (c) all sums received by the division of taxation under this section as taxes, p |
| slation to expand the program to their city or town. | | enalties, or forfeitures, interest, costs of suit, and fines shall be distribute |
| | | d at least annually and credited and paid by the state treasurer as follows: (i) |
| | | ten percent (10%) to the rhode island public transit authority (ripta) general |
| | | operating budget; (ii) fifteen percent (15%) statewide climate resiliency fund; |
| | | (iii) five percent (5%) to the university of rhode island resiliency toolkit; (i |
| | | v) twenty percent (20%) to the housing development fund through the department o |
| | | f housing; (v) ten percent (10%) to the universal lunch program statewide; (vi) |
| | | twenty percent (20%) to the municipal resiliency plans fund; and (vii) twenty pe |
| | | rcent (20%) to the general fund. |
| (4) there is value in expanding the arts district program statewide, providing i | | (d) a person who derives gross revenue from digital advertising in this state, s |
| ncentives for the sale and purchase of art. | | hall not charge customers additional fees or surcharges specifically identified |
| | | as the digital advertising tax; however, nothing in this section prohibits provi |
| | | ding a separate statement or disclosure of the tax amount in invoices or communi |
| | | cations to customers. |
| this is a unique opportunity for rhode island to shape history, and gain an adva | | (e) this local digital advertising services tax shall be administered and collec |
| ntage over other states, by becoming the first-and-only state in the country to | | ted by the division of taxation, and unless provided to the contrary in this cha |
| declare a statewide sales tax exemption on art. | | pter, all of the administration, collection, and other provisions of chapters 18 |
| | | and 19 of this title apply. |
| this will strengthen rhode island’s identity as an arts- friendly destination an | | |
| d “state of the arts.” (b)(1) this section only applies to sales by writers, com | | |
| posers, and artists residing in and conducting a business within the state of rh | | |
| ode island. | | |
| for the purposes of this section, a “work” means an original and creative work, | | |
| whether written, composed, or executed for “one-of-a-kind, limited production” t | | |
| hat falls into one of the following categories: (i) a book or other writing; (ii | | |
| ) a play or the performance of said play; (iii) a musical composition or the per | | |
| formance of said composition; (iv) a painting, print, photograph, or other like | | |
| picture; (v) a sculpture; (vi) traditional and fine crafts; (vii) the creation o | | |
| f a film or the acting within the film; or (viii) the creation of a dance or the | | |
| performance of the dance. | | |
| (2) for the purposes of this section, a “work” includes any product generated as | | |
| a result of any of the above categories. | | |
| (3) for the purposes of this section, a “work” does not apply to any piece or pe | | |
| rformance created or executed for industry-oriented, commercial, or related prod | | |
| uction. | | |
| (4) for the purposes of this section, a “book or other writing” means a one-of-a | | |
| -kind limited production, up to the sale of one thousand five hundred (1,500) co | | |
| pies, regardless of the methods by which it is published or sold; provided, howe | | |
| ver, that any third-party electronic sales, and sales from bookstores, gift shop | | |
| s and other retail outlets, shall not be exempt from the sales tax. | | |
| (c)(1) this section applies to sales by any individual: (i) who is a resident of | | |
| , and has a principal place of business situated in, the state of rhode island. | | |
| (ii) who is determined by the tax administrator in consultation with the rhode i | | |
| sland council on the arts, after consideration of any evidence he or she deems n | | |
| ecessary or that is submitted to him or her by the individual, to have written, | | |
| composed, or executed, either solely or jointly, a work or works that would fall | | |
| into one of the categories listed in subsection (b)(1). | | |
| (2) this section also applies to sales by any other gallery located in the state | | |
| of rhode island. | | |
| (3) the tax administrator shall not make a determination unless: (i) the individ | | |
| ual(s) concerned duly make(s) an application to the tax administrator for the sa | | |
| les tax exemption that applies to the works defined in this section; and - page | | |
| 2 of 5 (ii) the individual has complied and continues to comply with any and all | | |
| requests made by the tax administrator. | | |
| (d) any individual to whom this section applies, and who makes an application to | | |
| the tax administrator, is entitled to a sales tax exemption for the sale of a w | | |
| ork or works sold from the individual’s business located in the state of rhode i | | |
| sland that would, apart from this section, be subject to the tax rate imposed by | | |
| the state of rhode island. | | |
| (e) when an individual makes a request for the exemption, the tax administrator | | |
| is entitled to all books, documents, or other evidence relating to the publicati | | |
| on, production, or creation of the works that may be deemed necessary by the tax | | |
| administrator for the purposes of the exemption. | | |
| the time period in which to provide this information is in the sole discretion o | | |
| f the tax administrator and specified in the notice. | | |
| (f) in addition to the information required in subsection (e), the tax administr | | |
| ator may require the individual(s) to submit an annual, certified accounting of | | |
| the numbers of works sold; the type of work sold; and the date of the sale. | | |
| failure to file this report may, in the sole discretion of the tax administrator | | |
| , terminate the individual’s eligibility for the exemption. | | |
| (g) any person storing, using, or otherwise consuming in this state any work or | | |
| works deemed to be exempt from the sales tax pursuant to this section is not lia | | |
| ble for the use tax on the work or works. | | |
| (h) notwithstanding the provisions of this section, any individual to whom this | | |
| section may apply shall comply with all the administration, collection, and othe | | |
| r provisions of chapters 18 and 19 of this title. | | |
| (i) the certificate of exemption shall be valid for four (4) years from the date | | |
| of issue. | | |
| all certificates issued prior to the effective date of this section shall expire | | |
| four (4) years from the effective date of this section. | | |
| (j) the rhode island council on the arts will oversee the transition to a statew | | |
| ide arts district program and work with the state tourism agencies; local chambe | | |
| rs of commerce; and advertising/marketing agencies to promote this program, and | | |
| will coordinate its efforts with the city and town governments. | | |
| the rhode island council on the arts may request, and shall receive, from any de | | |
| partment, division, board, bureau, commission, or agency of the state any data, | | |
| assistance, and resources, including additional personnel, that will enable it t | | |
| o properly carry out this program. | | |
| (k) the tax administrator, in cooperation with the rhode island council on the a | | |
| rts, will gather data to assess the overall impact of the statewide arts distric | | |
| t program, and issue an annual report including, but not limited to, the impact | | |
| of the tax exemption on employment, tourism, sales, - page 3 of 5 and spending w | | |
| ithin the arts sector and adjacent businesses, and any other factors that descri | | |
| be the impact of the program. | | |
| section 2. | | section 2. |
| t | this act shall take effect upon passage. | t | this act shall take effect on july 1, 2026 ======== ======== - page 2 of 3 expla |
| | | nation by the legislative council of a n a c t relating to taxation -- sales and |
| | | use taxes -- liability and computation *** this act would impose a sales tax on |
| | | digital advertising services. |
| ======== ======== - page 4 of 5 explanation by the legislative council of a n a | | this act would take effect on july 1, 2026 ======== ======== - page 3 of 3. |
| c t relating to taxation -- sales and use taxes -- liability and computation *** | | |
| this act would expand the definition of “book or other writing” to sales up to | | |
| one thousand five hundred (1,500) copies and deny the sales tax exemption for th | | |
| ird-party sales. | | |
| this act would take effect upon passage. | | |
| ======== ======== - page 5 of 5. | | |