- Jurisdiction
- Rhode Island
I know the Rhode Island law says that if you don't return your plates to the DMV they will still tax you, but is that legal? Can Rhode Island really tax your car if you didn't live in Rhode Island and had your car registered in another state or even if you just live and had your car in another state? What if you paid taxes to another state, the one you lived in, for that year, do you have to pay double taxes?
I am asking because of these court rulings.
BARBER v. POTTER 8 R.I. 15 Not being an inhabitant of this state at the time the tax was assessed, there was no liability to be taxed for personal property.
and
COHEN v. HARRINGTON 722 A.2d 1191 Since motor vehicle tax, that varied according to each municipality's personal property tax rate, was still based on the value of the motor vehicle rather than the extent or manner of its use, it was a property tax rather than an excise tax.
It looks like these rulings make clear that Rhode Island shouldn't be able to, but I am not a lawyer, so I could be missing something. It seems pretty clear that a state cannot tax your property if you are in living in Rhode Island at the time, even if you don't turn in your plates.
I am asking because of these court rulings.
BARBER v. POTTER 8 R.I. 15 Not being an inhabitant of this state at the time the tax was assessed, there was no liability to be taxed for personal property.
and
COHEN v. HARRINGTON 722 A.2d 1191 Since motor vehicle tax, that varied according to each municipality's personal property tax rate, was still based on the value of the motor vehicle rather than the extent or manner of its use, it was a property tax rather than an excise tax.
It looks like these rulings make clear that Rhode Island shouldn't be able to, but I am not a lawyer, so I could be missing something. It seems pretty clear that a state cannot tax your property if you are in living in Rhode Island at the time, even if you don't turn in your plates.
