The Rhode Island Supreme Court has affirmed a significant tax victory for Hinckley Allen litigators. The Court held that that the 2004 sale of the Providence Place Mall is exempt from conveyance taxes.

In 2004, Providence Place Group LP (PPG) transferred its interest in the mall to Rouse Providence LP. The State and City assessed a conveyance tax of $2M. PPG objected to the tax, arguing that the Mall Act passed to support and encourage the development of the Mall exempted the Mall property from almost all taxes, including conveyance taxes. PPG and Rouse agreed to pay the tax and have sought reimbursement in various forums since.

Hinckley Allen took up this tax appeal two years ago and persuaded the Rhode Island District Court to order a refund of the conveyance taxes paid by the Mall owners. In February of 2021, Rhode Island’s Supreme Court affirmed that judgment.  The Supreme Court found that state law exempts the Mall property from conveyance taxes. The State and City of Providence are now required to pay PPG and Rouse approximately $4M when interest is included.