§44-5-7  Provision for municipal installment payments. –


Published: 2015

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TITLE 44

Taxation

CHAPTER 44-5

Levy and Assessment of Local Taxes

SECTION 44-5-7



   § 44-5-7  Provision for municipal

installment payments. –

(a)(1) Every city and town shall make provision for the payment in installments

of any tax levied under the provisions of § 44-5-1 by adding to and making

a part of the resolution ordering the assessment and the collection of the tax

an option permitting persons assessed to pay their taxes in equal quarterly

installments if they so desire, free of any charges, interest, penalties, or

other assessments, the amounts and dates for payment of the installments to be

specified in the resolution; provided, that the city or town may provide that

the option contained in the resolution does not apply to any tax levied in an

amount not in excess of one hundred dollars ($100) in which case the tax is

payable in a single installment.



   (2) As used in this section, "person assessed" includes: (i)

the person named in the assessment, the record owner of the property assessed,

and any attorney, property manager, or other person acting on behalf of the

person assessed, or the record owner of the property assessed; and (ii) Any

mortgagee or other person having a lien or other security interest in the

property assessed of any mortgage servicer, tax servicer, or agent of any such

mortgagee or lienholder.



   (b) If, prior to July 8, 1999, a mortgagee, holder of a

security interest, mortgage servicer, tax servicer, or agent has been required

by the tax collector of the city or town where the property is situated to pay

the tax levied under the provisions of § 44-5-1 in a single installment,

the tax collector, city or town, mortgagee, holder, mortgage servicer, tax

servicer, or agent will be deemed, with respect to the single installment

payment, to have complied with applicable law.



   (c) No tax collector of the city or town where the property

assessed is situated shall impose or attempt to impose different requirements

relating to payment of taxes based upon whether the person who actually pays

the tax is:



   (1) The person named in the assessment, the record owner of

the property assessed, and any attorney, property manager, or other person

acting on behalf of the person assessed, or the record owner of the property

assessed; or



   (2) A mortgagee or other person having a lien or other

security interest in the property assessed or any mortgage servicer, tax

servicer or agent of any mortgagee or lienholder.



   (d) A person assessed as defined in paragraph (a)(2)(ii) of

this section may opt to continue to pay the tax assessed as of December 31,

1996, in a single installment if the tax collector of the city or town where

the property assessed is situated required those persons to pay the tax levied

under the provisions of § 44-5-1 in a single installment. This subsection

applies notwithstanding that, prior to July 8, 1999, the tax collector of the

city or town where the property assessed is located permitted the person to pay

the tax levied under the provisions of § 44-5-1 in installments, but only

upon payment of a charge, interest, penalty, or other assessment.



   (e) Compliance within this section is mandatory with respect

to the tax assessed as of December 31, 1999, and thereafter.



   (f) This law is not applicable to any city or town that as of

July 8, 1999, offered a discount in exchange for a single installment payment.



History of Section.

(P.L. 1934, ch. 2101, § 1; G.L. 1938, ch. 36, § 2; G.L. 1956, §

44-5-7; P.L. 1969, ch. 224, § 1; P.L. 1986, ch. 109, § 1; P.L. 1992,

ch. 92, § 1; P.L. 1992, ch. 210, § 1; P.L. 1999, ch. 493, § 1;

P.L. 2005, ch. 410, § 29.)