Connecticut 2016 Regular Session

Connecticut House Bill HB05595 Compare Versions

Only one version of the bill is available at this time.
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11 General Assembly Raised Bill No. 5595
22 February Session, 2016 LCO No. 2485
33 *02485_______FIN*
44 Referred to Committee on FINANCE, REVENUE AND BONDING
55 Introduced by:
66 (FIN)
77
88 General Assembly
99
1010 Raised Bill No. 5595
1111
1212 February Session, 2016
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1414 LCO No. 2485
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1616 *02485_______FIN*
1717
1818 Referred to Committee on FINANCE, REVENUE AND BONDING
1919
2020 Introduced by:
2121
2222 (FIN)
2323
2424 AN ACT CONCERNING THE RESEARCH AND DEVELOPMENT TAX CREDIT.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. Section 12-217zz of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016, and applicable to income years commencing on or after January 1, 2016):
2929
3030 (a) Notwithstanding any other provision of law, and except as otherwise provided in subsection (b) of this section, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter shall be as follows:
3131
3232 (1) For any income year commencing on or after January 1, 2002, and prior to January 1, 2015, the amount of tax credit or credits otherwise allowable shall not exceed seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to any such income year of the taxpayer prior to the application of such credit or credits;
3333
3434 (2) For any income year commencing on or after January 1, 2015, the amount of tax credit or credits otherwise allowable shall not exceed fifty and one one-hundredths per cent of the amount of tax due from such taxpayer under this chapter with respect to any such income year of the taxpayer prior to the application of such credit or credits;
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3636 (3) Notwithstanding the provisions of subdivision (2) of this subsection, any taxpayer that possesses excess credits may utilize the excess credits as follows:
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3838 (A) For income years commencing on or after January 1, 2016, and prior to January 1, 2017, the aggregate amount of tax credits and excess credits allowable shall not exceed fifty-five per cent of the amount of tax due from such taxpayer under this chapter with respect to any such income year of the taxpayer prior to the application of such credit or credits;
3939
4040 (B) For income years commencing on or after January 1, 2017, and prior to January 1, 2018, the aggregate amount of tax credits and excess credits allowable shall not exceed sixty per cent of the amount of tax due from such taxpayer under this chapter with respect to any such income year of the taxpayer prior to the application of such credit or credits;
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4242 (C) For income years commencing on or after January 1, 2018, and prior to January 1, 2019, the aggregate amount of tax credits and excess credits allowable shall not exceed sixty-five per cent of the amount of tax due from such taxpayer under this chapter with respect to any such income year of the taxpayer prior to the application of such credit or credits;
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4444 (D) For income years commencing on or after January 1, 2019, the aggregate amount of tax credits and excess credits allowable shall not exceed seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to any such income year of the taxpayer prior to the application of such credit or credits;
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4646 (4) Notwithstanding the provisions of subdivisions (2) and (3) of this subsection, for income years commencing on or after January 1, 2016, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such income year may exceed the amount specified in said subdivisions if the amount of credit otherwise allowable under section 12-217n exceeds the amount specified in said subdivisions, provided in no event may the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such income year exceed seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to such income year of the taxpayer prior to the application of such credit or credits.
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4848 [(4)] (5) For purposes of this subsection, "excess credits" means any remaining credits available under section 12-217j, 12-217n or 32-9t after tax credits are utilized in accordance with subdivision (2) of this subsection.
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5050 (b) (1) For an income year commencing on or after January 1, 2011, and prior to January 1, 2013, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such income year may exceed the amount specified in subsection (a) of this section only by the amount computed under subparagraph (A) of subdivision (2) of this subsection, provided in no event may the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such income year exceed one hundred per cent of the amount of tax due from such taxpayer under this chapter with respect to such income year of the taxpayer prior to the application of such credit or credits.
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5252 (2) (A) The taxpayer's average monthly net employee gain for an income year shall be multiplied by six thousand dollars.
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5454 (B) The taxpayer's average monthly net employee gain for an income year shall be computed as follows: For each month in the taxpayer's income year, the taxpayer shall subtract from the number of its employees in this state on the last day of such month the number of its employees in this state on the first day of its income year. The taxpayer shall total the differences for the twelve months in such income year, and such total, when divided by twelve, shall be the taxpayer's average monthly net employee gain for the income year. For purposes of this computation, only employees who are required to work at least thirty-five hours per week and only employees who were not employed in this state by a related person, as defined in section 12-217ii, within the twelve months prior to the first day of the income year may be taken into account in computing the number of employees.
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5656 (C) If the taxpayer's average monthly net employee gain is zero or less than zero, the taxpayer may not exceed the seventy per cent limit imposed under subsection (a) of this section.
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6161 This act shall take effect as follows and shall amend the following sections:
6262 Section 1 July 1, 2016, and applicable to income years commencing on or after January 1, 2016 12-217zz
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6464 This act shall take effect as follows and shall amend the following sections:
6565
6666 Section 1
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6868 July 1, 2016, and applicable to income years commencing on or after January 1, 2016
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7070 12-217zz
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7272 Statement of Purpose:
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7474 To allow recipients of research and development tax credits under section 12-217n of the general statutes to claim tax credits up to seventy per cent of their total tax due.
7575
7676 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]