Connecticut 2019 2019 Regular Session

Connecticut House Bill HB06891 Comm Sub / Bill

Filed 03/06/2019

                     
 
 
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General Assembly  Committee Bill No. 6891  
January Session, 2019  
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Referred to Committee on HIGHER EDUCATION AND 
EMPLOYMENT ADVANCEMENT  
 
 
Introduced by:  
(HED)  
 
 
 
AN ACT CONCERNING A DEDUCTION FROM THE P ERSONAL 
INCOME TAX FOR STUDE NT LOAN INTEREST. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subparagraph (B) of subdivision (20) of subsection (a) of 1 
section 12-701 of the general statutes is repealed and the following is 2 
substituted in lieu thereof (Effective July 1, 2019, and applicable to taxable 3 
years commencing on or after January 1, 2020): 4 
(B) There shall be subtracted therefrom: 5 
(i) To the extent properly includable in gross income for federal 6 
income tax purposes, any income with respect to which taxation by 7 
any state is prohibited by federal law;  8 
(ii) To the extent allowable under section 12-718, exempt dividends 9 
paid by a regulated investment company;  10 
(iii) To the extent properly includable in gross income for federal 11 
income tax purposes, the amount of any refund or credit for 12 
overpayment of income taxes imposed by this state, or any other state 13    
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of the United States or a political subdivision thereof, or the District of 14 
Columbia;  15 
(iv) To the extent properly includable in gross income for federal 16 
income tax purposes and not otherwise subtracted from federal 17 
adjusted gross income pursuant to clause (x) of this subparagraph in 18 
computing Connecticut adjusted gross income, any tier 1 railroad 19 
retirement benefits;  20 
(v) To the extent any additional allowance for depreciation under 21 
Section 168(k) of the Internal Revenue Code for property placed in 22 
service after September 27, 2017, was added to federal adjusted gross 23 
income pursuant to subparagraph (A)(ix) of this subdivision in 24 
computing Connecticut adjusted gross income, twenty-five per cent of 25 
such additional allowance for depreciation in each of the four 26 
succeeding taxable years;  27 
(vi) To the extent properly includable in gross income for federal 28 
income tax purposes, any interest income from obligations issued by or 29 
on behalf of the state of Connecticut, any political subdivision thereof, 30 
or public instrumentality, state or local authority, district or similar 31 
public entity created under the laws of the state of Connecticut;  32 
(vii) To the extent properly includable in determining the net gain 33 
or loss from the sale or other disposition of capital assets for federal 34 
income tax purposes, any gain from the sale or exchange of obligations 35 
issued by or on behalf of the state of Connecticut, any political 36 
subdivision thereof, or public instrumentality, state or local authority, 37 
district or similar public entity created under the laws of the state of 38 
Connecticut, in the income year such gain was recognized;  39 
(viii) Any interest on indebtedness incurred or continued to 40 
purchase or carry obligations or securities the interest on which is 41 
subject to tax under this chapter but exempt from federal income tax, 42 
to the extent that such interest on indebtedness is not deductible in 43 
determining federal adjusted gross income and is attributable to a 44    
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trade or business carried on by such individual;  45 
(ix) Ordinary and necessary expenses paid or incurred during the 46 
taxable year for the production or collection of income which is subject 47 
to taxation under this chapter but exempt from federal income tax, or 48 
the management, conservation or maintenance of property held for the 49 
production of such income, and the amortizable bond premium for the 50 
taxable year on any bond the interest on which is subject to tax under 51 
this chapter but exempt from federal income tax, to the extent that 52 
such expenses and premiums are not deductible in determining federal 53 
adjusted gross income and are attributable to a trade or business 54 
carried on by such individual;  55 
(x) (I) For taxable years commencing prior to January 1, 2019, for a 56 
person who files a return under the federal income tax as an 57 
unmarried individual whose federal adjusted gross income for such 58 
taxable year is less than fifty thousand dollars, or as a married 59 
individual filing separately whose federal adjusted gross income for 60 
such taxable year is less than fifty thousand dollars, or for a husband 61 
and wife who file a return under the federal income tax as married 62 
individuals filing jointly whose federal adjusted gross income for such 63 
taxable year is less than sixty thousand dollars or a person who files a 64 
return under the federal income tax as a head of household whose 65 
federal adjusted gross income for such taxable year is less than sixty 66 
thousand dollars, an amount equal to the Social Security benefits 67 
includable for federal income tax purposes; 68 
(II) For taxable years commencing prior to January 1, 2019, for a 69 
person who files a return under the federal income tax as an 70 
unmarried individual whose federal adjusted gross income for such 71 
taxable year is fifty thousand dollars or more, or as a married 72 
individual filing separately whose federal adjusted gross income for 73 
such taxable year is fifty thousand dollars or more, or for a husband 74 
and wife who file a return under the federal income tax as married 75 
individuals filing jointly whose federal adjusted gross income from 76    
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such taxable year is sixty thousand dollars or more or for a person who 77 
files a return under the federal income tax as a head of household 78 
whose federal adjusted gross income for such taxable year is sixty 79 
thousand dollars or more, an amount equal to the difference between 80 
the amount of Social Security benefits includable for federal income tax 81 
purposes and the lesser of twenty-five per cent of the Social Security 82 
benefits received during the taxable year, or twenty-five per cent of the 83 
excess described in Section 86(b)(1) of the Internal Revenue Code; 84 
(III) For the taxable year commencing January 1, 2019, and each 85 
taxable year thereafter, for a person who files a return under the 86 
federal income tax as an unmarried individual whose federal adjusted 87 
gross income for such taxable year is less than seventy-five thousand 88 
dollars, or as a married individual filing separately whose federal 89 
adjusted gross income for such taxable year is less than seventy-five 90 
thousand dollars, or for a husband and wife who file a return under 91 
the federal income tax as married individuals filing jointly whose 92 
federal adjusted gross income for such taxable year is less than one 93 
hundred thousand dollars or a person who files a return under the 94 
federal income tax as a head of household whose federal adjusted 95 
gross income for such taxable year is less than one hundred thousand 96 
dollars, an amount equal to the Social Security benefits includable for 97 
federal income tax purposes; and 98 
(IV) For the taxable year commencing January 1, 2019, and each 99 
taxable year thereafter, for a person who files a return under the 100 
federal income tax as an unmarried individual whose federal adjusted 101 
gross income for such taxable year is seventy-five thousand dollars or 102 
more, or as a married individual filing separately whose federal 103 
adjusted gross income for such taxable year is seventy-five thousand 104 
dollars or more, or for a husband and wife who file a return under the 105 
federal income tax as married individuals filing jointly whose federal 106 
adjusted gross income from such taxable year is one hundred 107 
thousand dollars or more or for a person who files a return under the 108 
federal income tax as a head of household whose federal adjusted 109    
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gross income for such taxable year is one hundred thousand dollars or 110 
more, an amount equal to the difference between the amount of Social 111 
Security benefits includable for federal income tax purposes and the 112 
lesser of twenty-five per cent of the Social Security benefits received 113 
during the taxable year, or twenty-five per cent of the excess described 114 
in Section 86(b)(1) of the Internal Revenue Code;  115 
(xi) To the extent properly includable in gross income for federal 116 
income tax purposes, any amount rebated to a taxpayer pursuant to 117 
section 12-746;  118 
(xii) To the extent properly includable in the gross income for 119 
federal income tax purposes of a designated beneficiary, any 120 
distribution to such beneficiary from any qualified state tuition 121 
program, as defined in Section 529(b) of the Internal Revenue Code, 122 
established and maintained by this state or any official, agency or 123 
instrumentality of the state;  124 
(xiii) To the extent allowable under section 12-701a, contributions to 125 
accounts established pursuant to any qualified state tuition program, 126 
as defined in Section 529(b) of the Internal Revenue Code, established 127 
and maintained by this state or any official, agency or instrumentality 128 
of the state;  129 
(xiv) To the extent properly includable in gross income for federal 130 
income tax purposes, the amount of any Holocaust victims' settlement 131 
payment received in the taxable year by a Holocaust victim;  132 
(xv) To the extent properly includable in gross income for federal 133 
income tax purposes of an account holder, as defined in section 31-134 
51ww, interest earned on funds deposited in the individual 135 
development account, as defined in section 31-51ww, of such account 136 
holder;  137 
(xvi) To the extent properly includable in the gross income for 138 
federal income tax purposes of a designated beneficiary, as defined in 139    
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section 3-123aa, interest, dividends or capital gains earned on 140 
contributions to accounts established for the designated beneficiary 141 
pursuant to the Connecticut Homecare Option Program for the Elderly 142 
established by sections 3-123aa to 3-123ff, inclusive;  143 
(xvii) To the extent properly includable in gross income for federal 144 
income tax purposes, any income received from the United States 145 
government as retirement pay for a retired member of (I) the Armed 146 
Forces of the United States, as defined in Section 101 of Title 10 of the 147 
United States Code, or (II) the National Guard, as defined in Section 148 
101 of Title 10 of the United States Code;  149 
(xviii) To the extent properly includable in gross income for federal 150 
income tax purposes for the taxable year, any income from the 151 
discharge of indebtedness in connection with any reacquisition, after 152 
December 31, 2008, and before January 1, 2011, of an applicable debt 153 
instrument or instruments, as those terms are defined in Section 108 of 154 
the Internal Revenue Code, as amended by Section 1231 of the 155 
American Recovery and Reinvestment Act of 2009, to the extent any 156 
such income was added to federal adjusted gross income pursuant to 157 
subparagraph (A)(xi) of this subdivision in computing Connecticut 158 
adjusted gross income for a preceding taxable year;  159 
(xix) To the extent not deductible in determining federal adjusted 160 
gross income, the amount of any contribution to a manufacturing 161 
reinvestment account established pursuant to section 32-9zz in the 162 
taxable year that such contribution is made;  163 
(xx) To the extent properly includable in gross income for federal 164 
income tax purposes, (I) for the taxable year commencing January 1, 165 
2015, ten per cent of the income received from the state teachers' 166 
retirement system, (II) for the taxable years commencing January 1, 167 
2016, January 1, 2017, and January 1, 2018, twenty-five per cent of the 168 
income received from the state teachers' retirement system, and (III) 169 
for the taxable year commencing January 1, 2019, and each taxable year 170 
thereafter, fifty per cent of the income received from the state teachers' 171    
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retirement system or the percentage, if applicable, pursuant to clause 172 
(xxi) of this subparagraph;  173 
(xxi) To the extent properly includable in gross income for federal 174 
income tax purposes, except for retirement benefits under clause (iv) of 175 
this subparagraph and retirement pay under clause (xvii) of this 176 
subparagraph, for a person who files a return under the federal income 177 
tax as an unmarried individual whose federal adjusted gross income 178 
for such taxable year is less than seventy-five thousand dollars, or as a 179 
married individual filing separately whose federal adjusted gross 180 
income for such taxable year is less than seventy-five thousand dollars, 181 
or as a head of household whose federal adjusted gross income for 182 
such taxable year is less than seventy-five thousand dollars, or for a 183 
husband and wife who file a return under the federal income tax as 184 
married individuals filing jointly whose federal adjusted gross income 185 
for such taxable year is less than one hundred thousand dollars, (I) for 186 
the taxable year commencing January 1, 2019, fourteen per cent of any 187 
pension or annuity income, (II) for the taxable year commencing 188 
January 1, 2020, twenty-eight per cent of any pension or annuity 189 
income, (III) for the taxable year commencing January 1, 2021, forty-190 
two per cent of any pension or annuity income, (IV) for the taxable 191 
year commencing January 1, 2022, fifty-six per cent of any pension or 192 
annuity income, (V) for the taxable year commencing January 1, 2023, 193 
seventy per cent of any pension or annuity income, (VI) for the taxable 194 
year commencing January 1, 2024, eighty-four per cent of any pension 195 
or annuity income, and (VII) for the taxable year commencing January 196 
1, 2025, and each taxable year thereafter, any pension or annuity 197 
income; 198 
(xxii) The amount of lost wages and medical, travel and housing 199 
expenses, not to exceed ten thousand dollars in the aggregate, incurred 200 
by a taxpayer during the taxable year in connection with the donation 201 
to another person of an organ for organ transplantation occurring on 202 
or after January 1, 2017; 203    
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(xxiii) To the extent properly includable in gross income for federal 204 
income tax purposes, the amount of any financial assistance received 205 
from the Crumbling Foundations Assistance Fund or paid to or on 206 
behalf of the owner of a residential building pursuant to sections 8-442 207 
and 8-443; [, and] 208 
(xxiv) To the extent properly includable in gross income for federal 209 
income tax purposes, the amount calculated pursuant to subsection (b) 210 
of section 12-704g for income received by a general partner of a 211 
venture capital fund, as defined in 17 CFR 275.203(l)-1, as amended 212 
from time to time; [and]  213 
(xxv) To the extent any portion of a deduction under Section 179 of 214 
the Internal Revenue Code was added to federal adjusted gross income 215 
pursuant to subparagraph (A)(xiv) of this subdivision in computing 216 
Connecticut adjusted gross income, twenty-five per cent of such 217 
disallowed portion of the deduction in each of the four succeeding 218 
taxable years; and 219 
(xxvi) To the extent not deductible in determining federal adjusted 220 
gross income, and to the extent allowable under section 2 of this act, 221 
the amount of payments made during the taxable year for interest on a 222 
student loan. 223 
Sec. 2. (NEW) (Effective July 1, 2019, and applicable to taxable years 224 
commencing on or after January 1, 2020) (a) For the purposes of this 225 
section:  226 
(1) "Qualified student loan" means a loan taken out solely to pay 227 
qualified education expenses (A) for the taxpayer, the taxpayer's 228 
spouse or a person who was a dependent of the taxpayer at the time 229 
when the taxpayer took out the loan, (B) paid or incurred within a 230 
reasonable period of time before or after the taxpayer took out the 231 
loan, (C) from a private or governmental lender, and (D) for education 232 
provided during an academic period for an eligible student; 233    
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(2) "Qualified education expenses" means the total costs of attending 234 
an eligible institution of higher education, including graduate school, 235 
and includes amounts paid for the following items: (A) Tuition and 236 
fees; (B) room and board, provided the cost of room and board 237 
qualifies only to the extent that it is not more than the greater of (i) the 238 
allowance for room and board, as determined by the eligible 239 
institution of higher education, that was included in the cost of 240 
attendance for a particular academic period and living arrangement of 241 
the student, or (ii) the actual amount charged if the student is residing 242 
in housing owned or operated by the eligible institution of higher 243 
education; (C) books, supplies and equipment; and (D) other necessary 244 
expenses, including, but not limited to, transportation; 245 
(3) "Eligible institution of higher education" means any institution of 246 
higher education that is eligible to participate in a student aid program 247 
administered by the United States Department of Education; and 248 
(4) "Eligible student" means a student who is or was enrolled at least 249 
half-time in a certificate or degree program at an eligible institution of 250 
higher education. 251 
(b) The maximum annual modification under subparagraph (B)(xxi) 252 
of subdivision (20) of subsection (a) of section 12-701 of the general 253 
statutes, as amended by this act, shall be equal to the amount of 254 
interest paid on a qualified student loan, but shall not exceed two 255 
thousand five hundred dollars for each taxpayer, provided (1) the 256 
taxpayer's filing status is any filing status except married filing 257 
separately, (2) the taxpayer's modified adjusted gross income is not 258 
more than seventy-five thousand dollars for taxpayers whose filing 259 
status is single, head of household or qualifying widow or widower or 260 
not more than one hundred fifty thousand dollars for taxpayers whose 261 
filing status is married filing jointly, (3) no other person is claiming an 262 
exemption for the taxpayer on such other person's return, (4) the 263 
taxpayer is legally obligated to pay interest on a qualified student loan, 264 
and (5) the taxpayer paid interest on a qualified student loan. 265    
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This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2019, and 
applicable to taxable years 
commencing on or after 
January 1, 2020 
12-701(a)(20)(B) 
Sec. 2 July 1, 2019, and 
applicable to taxable years 
commencing on or after 
January 1, 2020 
New section 
 
Statement of Purpose:   
To provide a tax deduction from personal income tax for the payment 
of student loan interest. 
[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.] 
 
Co-Sponsors:  REP. HADDAD, 54th Dist.; SEN. FLEXER, 29th Dist. 
REP. MICHEL, 146th Dist.  
 
H.B. 6891