280-RICR-20-70-61
280-RICR-20-70-61. Reports, Payments and Penalties (version Periodic Refile, 12/20/2001 to 08/03/2018)
State of Rhode Island - Division of Taxation
Sales and Use Tax
Regulation SU 89-94
Reports, Payments and Penalties
Monthly reporting--Every retailer, except as noted below, shall file with the Tax Administrator
on or before the 20th day of each month, a report on forms to be obtained from the Tax Division,
covering sales for the previous calendar month.
Quarterly reporting--Any taxpayer, now required to file monthly returns under the Rhode Island
Sales and Use Tax Act, may apply to the Tax Administrator for permission to file a quarterly
return and remittance in lieu of a monthly return provided the taxpayer qualifies. To qualify,
filing records will have to substantiate the fact that the taxpayer's sales and use tax liability, for
the past six (6) consecutive months immediately preceding the date of the application, has
averaged less than $200 per month. It should be clearly understood that quarterly filing cannot be
commenced until official permission from the Tax Administrator is received in writing.
When the application for such quarterly filing has been approved, the returns will be made on or
before the last day of July, October, January and April of each year for the preceding three (3)
months' period. However, there are certain conditions that could cause revocation of the
authorization by the Tax Administrator.
1. In the event that the taxpayer filing the return on a quarterly basis becomes delinquent in
either the filing of the return or the payment of the taxes due thereon, or
2. In the event that the liability of a taxpayer, who has been authorized to file returns and to
make payments on a quarterly basis, exceeds six hundred dollars ($600) in sales and use
taxes for any subsequent quarter, or
3. In the event that the Tax Administrator determines that any such quarterly filing or return
any payment of tax due thereon would unduly jeopardize the proper administration of the
Rhode Island Sales and Use Tax Law the Tax Administrator may, at any time, revoke such
authorization.
Seasonal reporting--Upon application to the Tax Administrator a registrant operating a seasonal
business may be relieved of reporting for the month or months during which the business is
inactive.
No extension of time for reporting shall be valid except when granted in writing by or under
authority of the Tax Administrator.
Use tax returns shall be subject to the same provisions as to filing and as to extension of time as
contained herein.
Payment--Remittances covering the sales or use tax liability reported shall accompany the sales
or use tax return. Sales and use taxes will be considered delinquent and interest as provided by
law will be charged, if payment is not received by the date the return is due.
Interest and penalties--Interest at the rate provided by law will be charged on all liability not paid
at the time when required to be paid.
Omission to pay within the time noted due to negligence or intentional disregard of the law or
this regulation will result in a penalty of 10% of the amount of tax found to be due. Omission to
pay within the time noted due to fraud or intent to evade the tax will result in a penalty of 50% of
the amount of tax found to be due. Such 50% penalty is in addition to the 10% penalty and
interest noted above.
If the Tax Administrator decides it is necessary to revoke the authorization to file quarterly in
relation to any of the above conditions then the taxpayer will be required to file returns and to
pay the tax due on a monthly basis.
R. GARY CLARK
TAX ADMINISTRATOR
DATE FILED: December 6, 1989
EFFECTIVE DATE: December 31, 1989
THIS REGULATION AMENDS AND SUPERSEDES REGULATION SU 87-94
PROMULGATED MAY 1, 1987.