LCO No. 5400 1 of 10 General Assembly Committee Bill No. 6891 January Session, 2019 LCO No. 5400 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 Subparagraph (B) of subdivision (20) of subsection (a) of 1 section 12-701 of the general statutes is repealed and the following is 2 substituted in lieu thereof (Effective July 1, 2019, and applicable to taxable 3 years commencing on or after January 1, 2020): 4 (B)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 Committee Bill No. 6891 LCO No. 5400 2 of 10 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 Committee Bill No. 6891 LCO No. 5400 3 of 10 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 Committee Bill No. 6891 LCO No. 5400 4 of 10 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 Committee Bill No. 6891 LCO No. 5400 5 of 10 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 Committee Bill No. 6891 LCO No. 5400 6 of 10 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 Committee Bill No. 6891 LCO No. 5400 7 of 10 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 Committee Bill No. 6891 LCO No. 5400 8 of 10 (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 Committee Bill No. 6891 LCO No. 5400 9 of 10 (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 Committee Bill No. 6891 LCO No. 5400 10 of 10 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