Connecticut 2019 Regular Session

Connecticut House Bill HB07410 Compare Versions

Only one version of the bill is available at this time.
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33 LCO No. 6787 1 of 88
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55 General Assembly Raised Bill No. 7410
66 January Session, 2019
77 LCO No. 6787
88
99
1010 Referred to Committee on FINANCE, REVENUE AND
1111 BONDING
1212
1313
1414 Introduced by:
1515 (FIN)
1616
1717
1818 AN ACT CONCERNING CE RTAIN TAX RECOMMENDATIONS OF T HE
1919 COMMISSION ON FISCAL STABILITY AND ECONOM IC GROWTH
2020 AND ESTABLISHING A STEM SCHOLARSHIP PROG RAM.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subdivision (1) of section 12-408 of the general statutes is 1
2525 repealed and the following is substituted in lieu thereof (Effective 2
2626 January 1, 2020, and applicable to sales occurring on or after January 1, 3
2727 2020): 4
2828 (1) (A) For the privilege of making any sales, as defined in 5
2929 subdivision (2) of subsection (a) of section 12-407, as amended by this 6
3030 act, at retail, in this state for a consideration, a tax is hereby imposed 7
3131 on all retailers at the rate of six and thirty-five-hundredths per cent of 8
3232 the gross receipts of any retailer from the sale of all tangible personal 9
3333 property sold at retail or from the rendering of any services 10
3434 constituting a sale in accordance with subdivision (2) of subsection (a) 11
3535 of section 12-407, as amended by this act, except, in lieu of said rate, [of 12
3636 six and thirty-five-hundredths per cent,] the rates provided in 13
3737 subparagraphs (B) to (H), inclusive, of this subdivision; 14
3838 (B) (i) At a rate of fifteen per cent with respect to each transfer of 15
3939 Raised Bill No. 7410
4040
4141
4242
4343 LCO No. 6787 2 of 88
4444
4545 occupancy, from the total amount of rent received by a hotel or 16
4646 lodging house for the first period not exceeding thirty consecutive 17
4747 calendar days; 18
4848 (ii) At a rate of eleven per cent with respect to each transfer of 19
4949 occupancy, from the total amount of rent received by a bed and 20
5050 breakfast establishment for the first period not exceeding thirty 21
5151 consecutive calendar days; 22
5252 (iii) At a rate of six and thirty-five-hundredths per cent with respect 23
5353 to each transfer of occupancy, from the total amount of rent received 24
5454 by a campground for the first period not exceeding thirty consecutive 25
5555 days; 26
5656 (C) With respect to the sale of a motor vehicle to any individual who 27
5757 is a member of the armed forces of the United States and is on full-time 28
5858 active duty in Connecticut and who is considered, under 50 App USC 29
5959 574, a resident of another state, or to any such individual and the 30
6060 spouse thereof, at a rate of four and one-half per cent of the gross 31
6161 receipts of any retailer from such sales, provided such retailer requires 32
6262 and maintains a declaration by such individual, prescribed as to form 33
6363 by the commissioner and bearing notice to the effect that false 34
6464 statements made in such declaration are punishable, or other evidence, 35
6565 satisfactory to the commissioner, concerning the purchaser's state of 36
6666 residence under 50 App USC 574; 37
6767 (D) (i) With respect to the sales of computer and data processing 38
6868 services occurring on or after July 1, 2001, at the rate of one per cent, 39
6969 and (ii) with respect to sales of Internet access services, on and after 40
7070 July 1, 2001, such services shall be exempt from such tax; 41
7171 (E) (i) With respect to the sales of labor that is otherwise taxable 42
7272 under subparagraph (C) or (G) of subdivision (2) of subsection (a) of 43
7373 section 12-407 on existing vessels and repair or maintenance services 44
7474 on vessels occurring on and after July 1, 1999, but prior to January 1, 45
7575 2020, such services shall be exempt from such tax; 46
7676 Raised Bill No. 7410
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7878
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8080 LCO No. 6787 3 of 88
8181
8282 (ii) With respect to the sale of a vessel, a motor for a vessel or a 47
8383 trailer used for transporting a vessel, at the rate of two and ninety-48
8484 nine-hundredths per cent, except that the sale of a vessel shall be 49
8585 exempt from such tax if such vessel is docked in this state for sixty or 50
8686 fewer days in a calendar year; 51
8787 (F) With respect to patient care services for which payment is 52
8888 received by the hospital on or after July 1, 1999, and prior to July 1, 53
8989 2001, at the rate of five and three-fourths per cent and on and after July 54
9090 1, 2001, such services shall be exempt from such tax; 55
9191 (G) With respect to the rental or leasing of a passenger motor 56
9292 vehicle for a period of thirty consecutive calendar days or less, at a rate 57
9393 of nine and thirty-five-hundredths per cent; 58
9494 (H) With respect to the sale of (i) a motor vehicle for a sales price 59
9595 exceeding fifty thousand dollars, at a rate of seven and three-fourths 60
9696 per cent on the entire sales price, (ii) jewelry, whether real or imitation, 61
9797 for a sales price exceeding five thousand dollars, at a rate of seven and 62
9898 three-fourths per cent on the entire sales price, and (iii) an article of 63
9999 clothing or footwear intended to be worn on or about the human body, 64
100100 a handbag, luggage, umbrella, wallet or watch for a sales price 65
101101 exceeding one thousand dollars, at a rate of seven and three-fourths 66
102102 per cent on the entire sales price. For purposes of this subparagraph, 67
103103 "motor vehicle" has the meaning provided in section 14-1, but does not 68
104104 include a motor vehicle subject to the provisions of subparagraph (C) 69
105105 of this subdivision, a motor vehicle having a gross vehicle weight 70
106106 rating over twelve thousand five hundred pounds, or a motor vehicle 71
107107 having a gross vehicle weight rating of twelve thousand five hundred 72
108108 pounds or less that is not used for private passenger purposes, but is 73
109109 designed or used to transport merchandise, freight or persons in 74
110110 connection with any business enterprise and issued a commercial 75
111111 registration or more specific type of registration by the Department of 76
112112 Motor Vehicles; 77
113113 Raised Bill No. 7410
114114
115115
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117117 LCO No. 6787 4 of 88
118118
119119 (I) The rate of tax imposed by this chapter shall be applicable to all 78
120120 retail sales upon the effective date of such rate, except that a new rate 79
121121 which represents an increase in the rate applicable to the sale shall not 80
122122 apply to any sales transaction wherein a binding sales contract without 81
123123 an escalator clause has been entered into prior to the effective date of 82
124124 the new rate and delivery is made within ninety days after the effective 83
125125 date of the new rate. For the purposes of payment of the tax imposed 84
126126 under this section, any retailer of services taxable under subdivision 85
127127 (37) of subsection (a) of section 12-407, as amended by this act, who 86
128128 computes taxable income, for purposes of taxation under the Internal 87
129129 Revenue Code of 1986, or any subsequent corresponding internal 88
130130 revenue code of the United States, as from time to time amended, on 89
131131 an accounting basis which recognizes only cash or other valuable 90
132132 consideration actually received as income and who is liable for such 91
133133 tax only due to the rendering of such services may make payments 92
134134 related to such tax for the period during which such income is 93
135135 received, without penalty or interest, without regard to when such 94
136136 service is rendered; 95
137137 (J) (i) For calendar quarters ending on or after September 30, 2019, 96
138138 the commissioner shall deposit into the regional planning incentive 97
139139 account, established pursuant to section 4-66k, six and seven-tenths 98
140140 per cent of the amounts received by the state from the tax imposed 99
141141 under [subparagraph (B)] subparagraphs (B)(i) and (B)(ii) of this 100
142142 subdivision and ten and seven-tenths per cent of the amounts received 101
143143 by the state from the tax imposed under subparagraph (G) of this 102
144144 subdivision; 103
145145 (ii) For calendar quarters ending on or after September 30, 2018, the 104
146146 commissioner shall deposit into the Tourism Fund established under 105
147147 section 10-395b ten per cent of the amounts received by the state from 106
148148 the tax imposed under [subparagraph (B)] subparagraphs (B)(i) and 107
149149 (B)(ii) of this subdivision; 108
150150 (K) For calendar months commencing on or after July 1, 2021, the 109
151151 Raised Bill No. 7410
152152
153153
154154
155155 LCO No. 6787 5 of 88
156156
157157 commissioner shall deposit into the municipal revenue sharing 110
158158 account established pursuant to section 4-66l seven and nine-tenths per 111
159159 cent of the amounts received by the state from the tax imposed under 112
160160 subparagraph (A) of this subdivision; and 113
161161 (L) (i) For calendar months commencing on or after July 1, 2017, the 114
162162 commissioner shall deposit into the Special Transportation Fund 115
163163 established under section 13b-68 seven and nine-tenths per cent of the 116
164164 amounts received by the state from the tax imposed under 117
165165 subparagraph (A) of this subdivision; 118
166166 (ii) For calendar months commencing on or after July 1, 2018, but 119
167167 prior to July 1, 2019, the commissioner shall deposit into the Special 120
168168 Transportation Fund established under section 13b-68 eight per cent of 121
169169 the amounts received by the state from the tax imposed under 122
170170 subparagraphs (A) and (H) of this subdivision on the sale of a motor 123
171171 vehicle; 124
172172 (iii) For calendar months commencing on or after July 1, 2019, but 125
173173 prior to July 1, 2020, the commissioner shall deposit into the Special 126
174174 Transportation Fund established under section 13b-68 thirty-three per 127
175175 cent of the amounts received by the state from the tax imposed under 128
176176 subparagraphs (A) and (H) of this subdivision on the sale of a motor 129
177177 vehicle; 130
178178 (iv) For calendar months commencing on or after July 1, 2020, but 131
179179 prior to July 1, 2021, the commissioner shall deposit into the Special 132
180180 Transportation Fund established under section 13b-68 fifty-six per cent 133
181181 of the amounts received by the state from the tax imposed under 134
182182 subparagraphs (A) and (H) of this subdivision on the sale of a motor 135
183183 vehicle; 136
184184 (v) For calendar months commencing on or after July 1, 2021, but 137
185185 prior to July 1, 2022, the commissioner shall deposit into the Special 138
186186 Transportation Fund established under section 13b-68 seventy-five per 139
187187 cent of the amounts received by the state from the tax imposed under 140
188188 Raised Bill No. 7410
189189
190190
191191
192192 LCO No. 6787 6 of 88
193193
194194 subparagraphs (A) and (H) of this subdivision on the sale of a motor 141
195195 vehicle; and 142
196196 (vi) For calendar months commencing on or after July 1, 2022, the 143
197197 commissioner shall deposit into the Special Transportation Fund 144
198198 established under section 13b-68 one hundred per cent of the amounts 145
199199 received by the state from the tax imposed under subparagraphs (A) 146
200200 and (H) of this subdivision on the sale of a motor vehicle. 147
201201 Sec. 2. Subdivision (1) of section 12-411 of the general statutes is 148
202202 repealed and the following is substituted in lieu thereof (Effective July 149
203203 1, 2019, and applicable to sales occurring on or after July 1, 2019): 150
204204 (1) (A) An excise tax is hereby imposed on the storage, acceptance, 151
205205 consumption or any other use in this state of tangible personal 152
206206 property purchased from any retailer for storage, acceptance, 153
207207 consumption or any other use in this state, the acceptance or receipt of 154
208208 any services constituting a sale in accordance with subdivision (2) of 155
209209 subsection (a) of section 12-407, as amended by this act, purchased 156
210210 from any retailer for consumption or use in this state, or the storage, 157
211211 acceptance, consumption or any other use in this state of tangible 158
212212 personal property which has been manufactured, fabricated, 159
213213 assembled or processed from materials by a person, either within or 160
214214 without this state, for storage, acceptance, consumption or any other 161
215215 use by such person in this state, to be measured by the sales price of 162
216216 materials, at the rate of six and thirty-five-hundredths per cent of the 163
217217 sales price of such property or services, except, in lieu of said rate: [of 164
218218 six and thirty-five-hundredths per cent;] 165
219219 (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or 166
220220 lodging house for the first period not exceeding thirty consecutive 167
221221 calendar days; 168
222222 (ii) At a rate of eleven per cent of the rent paid to a bed and 169
223223 breakfast establishment for the first period not exceeding thirty 170
224224 consecutive calendar days; 171
225225 Raised Bill No. 7410
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227227
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229229 LCO No. 6787 7 of 88
230230
231231 (iii) At a rate of six and thirty-five-hundredths per cent with respect 172
232232 to each transfer of occupancy, from the total amount of rent received 173
233233 by a campground for the first period not exceeding thirty consecutive 174
234234 days; 175
235235 (C) With respect to the storage, acceptance, consumption or use in 176
236236 this state of a motor vehicle purchased from any retailer for storage, 177
237237 acceptance, consumption or use in this state by any individual who is a 178
238238 member of the armed forces of the United States and is on full-time 179
239239 active duty in Connecticut and who is considered, under 50 App USC 180
240240 574, a resident of another state, or to any such individual and the 181
241241 spouse of such individual at a rate of four and one-half per cent of the 182
242242 sales price of such vehicle, provided such retailer requires and 183
243243 maintains a declaration by such individual, prescribed as to form by 184
244244 the commissioner and bearing notice to the effect that false statements 185
245245 made in such declaration are punishable, or other evidence, 186
246246 satisfactory to the commissioner, concerning the purchaser's state of 187
247247 residence under 50 App USC 574; 188
248248 (D) (i) With respect to the acceptance or receipt in this state of labor 189
249249 that is otherwise taxable under subparagraph (C) or (G) of subdivision 190
250250 (2) of subsection (a) of section 12-407 on existing vessels and repair or 191
251251 maintenance services on vessels occurring on and after July 1, 1999, but 192
252252 prior to January 1, 2020, such services shall be exempt from such tax; 193
253253 (ii) (I) With respect to the storage, acceptance or other use of a vessel 194
254254 in this state, at the rate of two and ninety-nine-hundredths per cent, 195
255255 except that such storage, acceptance or other use shall be exempt from 196
256256 such tax if such vessel is docked in this state for sixty or fewer days in 197
257257 a calendar year; 198
258258 (II) With respect to the storage, acceptance or other use of a motor 199
259259 for a vessel or a trailer used for transporting a vessel in this state, at the 200
260260 rate of two and ninety-nine-hundredths per cent; 201
261261 (E) (i) With respect to the acceptance or receipt in this state of 202
262262 Raised Bill No. 7410
263263
264264
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266266 LCO No. 6787 8 of 88
267267
268268 computer and data processing services purchased from any retailer for 203
269269 consumption or use in this state occurring on or after July 1, 2001, at 204
270270 the rate of one per cent of such services, and (ii) with respect to the 205
271271 acceptance or receipt in this state of Internet access services, on and 206
272272 after July 1, 2001, such services shall be exempt from such tax; 207
273273 (F) With respect to the acceptance or receipt in this state of patient 208
274274 care services purchased from any retailer for consumption or use in 209
275275 this state for which payment is received by the hospital on or after July 210
276276 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths 211
277277 per cent and on and after July 1, 2001, such services shall be exempt 212
278278 from such tax; 213
279279 (G) With respect to the rental or leasing of a passenger motor 214
280280 vehicle for a period of thirty consecutive calendar days or less, at a rate 215
281281 of nine and thirty-five-hundredths per cent; 216
282282 (H) With respect to the acceptance or receipt in this state of (i) a 217
283283 motor vehicle for a sales price exceeding fifty thousand dollars, at a 218
284284 rate of seven and three-fourths per cent on the entire sales price, (ii) 219
285285 jewelry, whether real or imitation, for a sales price exceeding five 220
286286 thousand dollars, at a rate of seven and three-fourths per cent on the 221
287287 entire sales price, and (iii) an article of clothing or footwear intended to 222
288288 be worn on or about the human body, a handbag, luggage, umbrella, 223
289289 wallet or watch for a sales price exceeding one thousand dollars, at a 224
290290 rate of seven and three-fourths per cent on the entire sales price. For 225
291291 purposes of this subparagraph, "motor vehicle" has the meaning 226
292292 provided in section 14-1, but does not include a motor vehicle subject 227
293293 to the provisions of subparagraph (C) of this subdivision, a motor 228
294294 vehicle having a gross vehicle weight rating over twelve thousand five 229
295295 hundred pounds, or a motor vehicle having a gross vehicle weight 230
296296 rating of twelve thousand five hundred pounds or less that is not used 231
297297 for private passenger purposes, but is designed or used to transport 232
298298 merchandise, freight or persons in connection with any business 233
299299 enterprise and issued a commercial registration or more specific type 234
300300 Raised Bill No. 7410
301301
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304304 LCO No. 6787 9 of 88
305305
306306 of registration by the Department of Motor Vehicles; 235
307307 (I) (i) For calendar quarters ending on or after September 30, 2019, 236
308308 the commissioner shall deposit into the regional planning incentive 237
309309 account, established pursuant to section 4-66k, six and seven-tenths 238
310310 per cent of the amounts received by the state from the tax imposed 239
311311 under [subparagraph (B)] subparagraphs (B)(i) and (B)(ii) of this 240
312312 subdivision and ten and seven-tenths per cent of the amounts received 241
313313 by the state from the tax imposed under subparagraph (G) of this 242
314314 subdivision; 243
315315 (ii) For calendar quarters ending on or after September 30, 2018, the 244
316316 commissioner shall deposit into the Tourism Fund established under 245
317317 section 10-395b ten per cent of the amounts received by the state from 246
318318 the tax imposed under [subparagraph (B)] subparagraphs (B)(i) and 247
319319 (B)(ii) of this subdivision; 248
320320 (J) For calendar months commencing on or after July 1, 2021, the 249
321321 commissioner shall deposit into said municipal revenue sharing 250
322322 account seven and nine-tenths per cent of the amounts received by the 251
323323 state from the tax imposed under subparagraph (A) of this 252
324324 subdivision; and 253
325325 (K) (i) For calendar months commencing on or after July 1, 2017, the 254
326326 commissioner shall deposit into said Special Transportation Fund 255
327327 seven and nine-tenths per cent of the amounts received by the state 256
328328 from the tax imposed under subparagraph (A) of this subdivision; 257
329329 (ii) For calendar months commencing on or after July 1, 2018, but 258
330330 prior to July 1, 2019, the commissioner shall deposit into the Special 259
331331 Transportation Fund established under section 13b-68 eight per cent of 260
332332 the amounts received by the state from the tax imposed under 261
333333 subparagraphs (A) and (H) of this subdivision on the acceptance or 262
334334 receipt in this state of a motor vehicle; 263
335335 (iii) For calendar months commencing on or after July 1, 2019, but 264
336336 Raised Bill No. 7410
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338338
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340340 LCO No. 6787 10 of 88
341341
342342 prior to July 1, 2020, the commissioner shall deposit into the Special 265
343343 Transportation Fund established under section 13b-68 thirty-three per 266
344344 cent of the amounts received by the state from the tax imposed under 267
345345 subparagraphs (A) and (H) of this subdivision on the acceptance or 268
346346 receipt in this state of a motor vehicle; 269
347347 (iv) For calendar months commencing on or after July 1, 2020, but 270
348348 prior to July 1, 2021, the commissioner shall deposit into the Special 271
349349 Transportation Fund established under section 13b-68 fifty-six per cent 272
350350 of the amounts received by the state from the tax imposed under 273
351351 subparagraphs (A) and (H) of this subdivision on the acceptance or 274
352352 receipt in this state of a motor vehicle; 275
353353 (v) For calendar months commencing on or after July 1, 2021, but 276
354354 prior to July 1, 2022, the commissioner shall deposit into the Special 277
355355 Transportation Fund established under section 13b-68 seventy-five per 278
356356 cent of the amounts received by the state from the tax imposed under 279
357357 subparagraphs (A) and (H) of this subdivision on the acceptance or 280
358358 receipt in this state of a motor vehicle; and 281
359359 (vi) For calendar months commencing on or after July 1, 2022, the 282
360360 commissioner shall deposit into the Special Transportation Fund 283
361361 established under section 13b-68 one hundred per cent of the amounts 284
362362 received by the state from the tax imposed under subparagraphs (A) 285
363363 and (H) of this subdivision on the acceptance or receipt in this state of 286
364364 a motor vehicle. 287
365365 Sec. 3. Subdivision (13) of subsection (a) of section 12-407 of the 288
366366 general statutes is repealed and the following is substituted in lieu 289
367367 thereof (Effective January 1, 2020, and applicable to sales occurring on or 290
368368 after January 1, 2020): 291
369369 (13) "Tangible personal property" means personal property [which] 292
370370 that may be seen, weighed, measured, felt or touched or [which] that is 293
371371 in any other manner perceptible to the senses. [including] "Tangible 294
372372 personal property" includes (A) digital goods and canned or 295
373373 Raised Bill No. 7410
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378378
379379 prewritten computer software, [. Tangible personal property includes] 296
380380 including prewritten software that is electronically accessed or 297
381381 transferred and any additional content related to such software, and 298
382382 (B) the distribution, generation or transmission of electricity. 299
383383 Sec. 4. Subsection (a) of section 12-407 of the general statutes is 300
384384 amended by adding subdivision (43) as follows (Effective January 1, 301
385385 2020, and applicable to sales occurring on or after January 1, 2020): 302
386386 (NEW) (43) "Digital goods" means audio works, visual works, 303
387387 audio-visual works, reading materials or ring tones, that are 304
388388 electronically accessed or transferred. 305
389389 Sec. 5. Subdivision (37) of subsection (a) of section 12-407 of the 306
390390 general statutes is repealed and the following is substituted in lieu 307
391391 thereof (Effective January 1, 2020, and applicable to sales occurring on or 308
392392 after January 1, 2020): 309
393393 (37) "Services" for purposes of subdivision (2) of this subsection, 310
394394 means: 311
395395 (A) Computer and data processing services, including, but not 312
396396 limited to, time, programming, code writing, modification of existing 313
397397 programs, feasibility studies and installation and implementation of 314
398398 software programs and systems even where such services are rendered 315
399399 in connection with the development, creation or production of canned 316
400400 or custom software or the license of custom software, but excluding 317
401401 digital goods; 318
402402 (B) Credit information and reporting services; 319
403403 (C) Services by employment agencies and agencies providing 320
404404 personnel services; 321
405405 (D) Private investigation, protection, patrol work, watchman and 322
406406 armored car services, exclusive of (i) services of off-duty police officers 323
407407 and off-duty firefighters, and (ii) coin and currency services provided 324
408408 Raised Bill No. 7410
409409
410410
411411
412412 LCO No. 6787 12 of 88
413413
414414 to a financial services company by or through another financial 325
415415 services company. For purposes of this subparagraph, "financial 326
416416 services company" has the same meaning as provided under 327
417417 subparagraphs (A) to (H), inclusive, of subdivision (6) of subsection (a) 328
418418 of section 12-218b; 329
419419 (E) Painting and lettering services; 330
420420 (F) Photographic studio services; 331
421421 (G) Telephone answering services; 332
422422 (H) Stenographic services; 333
423423 (I) Services to industrial, commercial, [or] income-producing or 334
424424 residential real property, including, but not limited to, such services as 335
425425 management, electrical, plumbing, painting and carpentry, provided 336
426426 income-producing property shall not include [property used 337
427427 exclusively for residential purposes in which the owner resides and 338
428428 which contains no more than three dwelling units, or] a housing 339
429429 facility for low and moderate income families and persons owned or 340
430430 operated by a nonprofit housing organization, as defined in 341
431431 subdivision (29) of section 12-412; 342
432432 (J) Business analysis, management, management consulting and 343
433433 public relations services, excluding (i) any environmental consulting 344
434434 services, (ii) any training services provided by an institution of higher 345
435435 education licensed or accredited by the Board of Regents for Higher 346
436436 Education or Office of Higher Education pursuant to sections 10a-35a 347
437437 and 10a-34, respectively, and (iii) on and after January 1, 1994, any 348
438438 business analysis, management, management consulting and public 349
439439 relations services when such services are rendered in connection with 350
440440 an aircraft leased or owned by a certificated air carrier or in connection 351
441441 with an aircraft which has a maximum certificated take-off weight of 352
442442 six thousand pounds or more; 353
443443 Raised Bill No. 7410
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445445
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447447 LCO No. 6787 13 of 88
448448
449449 (K) Services providing "piped-in" music to business or professional 354
450450 establishments; 355
451451 (L) Flight instruction and chartering services by a certificated air 356
452452 carrier on an aircraft, the use of which for such purposes, but for the 357
453453 provisions of subdivision (4) of section 12-410 and subdivision (12) of 358
454454 section 12-411, would be deemed a retail sale and a taxable storage or 359
455455 use, respectively, of such aircraft by such carrier; 360
456456 (M) Motor vehicle repair services, including any type of repair, 361
457457 painting or replacement related to the body or any of the operating 362
458458 parts of a motor vehicle; 363
459459 (N) Motor vehicle parking, [including the provision of space, other 364
460460 than metered space, in a lot having thirty or more spaces,] excluding 365
461461 [(i)] space in a parking lot owned or leased under the terms of a lease 366
462462 of not less than ten years' duration and operated by an employer for 367
463463 the exclusive use of its employees; [, (ii) space in municipally operated 368
464464 railroad parking facilities in municipalities located within an area of 369
465465 the state designated as a severe nonattainment area for ozone under 370
466466 the federal Clean Air Act or space in a railroad parking facility in a 371
467467 municipality located within an area of the state designated as a severe 372
468468 nonattainment area for ozone under the federal Clean Air Act owned 373
469469 or operated by the state on or after April 1, 2000, (iii) space in a 374
470470 seasonal parking lot provided by an entity subject to the exemption set 375
471471 forth in subdivision (1) of section 12-412, and (iv) space in a 376
472472 municipally owned parking lot;] 377
473473 (O) Radio or television repair services; 378
474474 (P) Furniture reupholstering and repair services; 379
475475 (Q) Repair services to any electrical or electronic device, including, 380
476476 but not limited to, equipment used for purposes of refrigeration or 381
477477 air-conditioning; 382
478478 Raised Bill No. 7410
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482482 LCO No. 6787 14 of 88
483483
484484 (R) Lobbying or consulting services for purposes of representing the 383
485485 interests of a client in relation to the functions of any governmental 384
486486 entity or instrumentality; 385
487487 (S) Services of the agent of any person in relation to the sale of any 386
488488 item of tangible personal property for such person, exclusive of the 387
489489 services of a consignee selling works of art, as defined in subsection (b) 388
490490 of section 12-376c, or articles of clothing or footwear intended to be 389
491491 worn on or about the human body other than (i) any special clothing 390
492492 or footwear primarily designed for athletic activity or protective use 391
493493 and which is not normally worn except when used for the athletic 392
494494 activity or protective use for which it was designed, and (ii) jewelry, 393
495495 handbags, luggage, umbrellas, wallets, watches and similar items 394
496496 carried on or about the human body but not worn on the body, under 395
497497 consignment, exclusive of services provided by an auctioneer; 396
498498 (T) Locksmith services; 397
499499 (U) Advertising or public relations services, including layout, art 398
500500 direction, graphic design, mechanical preparation or production 399
501501 supervision, not related to the development of media advertising or 400
502502 cooperative direct mail advertising; 401
503503 (V) Landscaping and horticulture services; 402
504504 (W) Window cleaning services; 403
505505 (X) [Maintenance services] Services to buildings and dwellings, 404
506506 including, but not limited to, maintenance, repair, renovation, exterior 405
507507 cleaning, chimney cleaning, driveway cleaning, duct cleaning, drain or 406
508508 gutter cleaning, refuse collection, snow plowing and all other such 407
509509 services not specifically enumerated herein; 408
510510 (Y) Janitorial services; 409
511511 (Z) Exterminating services; 410
512512 Raised Bill No. 7410
513513
514514
515515
516516 LCO No. 6787 15 of 88
517517
518518 (AA) Swimming pool cleaning and maintenance services; 411
519519 (BB) [Miscellaneous personal services included in industry group 412
520520 729 in the Standard Industrial Classification Manual, United States 413
521521 Office of Management and Budget, 1987 edition, or U.S. industry 414
522522 532220, 812191, 812199 or 812990 in] Personal and laundry services 415
523523 described in industry group 812 of the North American Industrial 416
524524 Classification System United States Manual, United States Office of 417
525525 Management and Budget (NAICS), [1997] 2017 edition, exclusive of [(i) 418
526526 services rendered by massage therapists licensed pursuant to chapter 419
527527 384a, and (ii) services rendered by an electrologist licensed pursuant to 420
528528 chapter 388] death care services described in industry group 8122 of 421
529529 the NAICS, 2017 edition and diaper cleaning services; 422
530530 (CC) Any repair or maintenance service to any item of tangible 423
531531 personal property including any contract of warranty or service related 424
532532 to any such item; 425
533533 (DD) Business analysis, management or managing consulting 426
534534 services rendered by a general partner, or an affiliate thereof, to a 427
535535 limited partnership, provided (i) the general partner, or an affiliate 428
536536 thereof, is compensated for the rendition of such services other than 429
537537 through a distributive share of partnership profits or an annual 430
538538 percentage of partnership capital or assets established in the limited 431
539539 partnership's offering statement, and (ii) the general partner, or an 432
540540 affiliate thereof, offers such services to others, including any other 433
541541 partnership. As used in this subparagraph "an affiliate of a general 434
542542 partner" means an entity which is directly or indirectly owned fifty per 435
543543 cent or more in common with a general partner; 436
544544 (EE) Notwithstanding the provisions of section 12-412, as amended 437
545545 by this act, except subdivision (87) of said section, [12-412,] patient care 438
546546 services, as defined in subdivision (29) of this subsection by a hospital, 439
547547 except that "sale" and "selling" does not include such patient care 440
548548 services for which payment is received by the hospital during the 441
549549 Raised Bill No. 7410
550550
551551
552552
553553 LCO No. 6787 16 of 88
554554
555555 period commencing July 1, 2001, and ending June 30, 2003; 442
556556 (FF) Health and athletic club services, exclusive of (i) any such 443
557557 services provided without any additional charge which are included in 444
558558 any dues or initiation fees paid to any such club, which dues or fees 445
559559 are subject to tax under section 12-543, and (ii) any such services 446
560560 provided by a municipality or an organization that is described in 447
561561 Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 448
562562 corresponding internal revenue code of the United States, as from time 449
563563 to time amended; 450
564564 (GG) Motor vehicle storage services, including storage of motor 451
565565 homes, campers and camp trailers, other than the furnishing of space 452
566566 as described in subparagraph (P) of subdivision (2) of this subsection; 453
567567 (HH) Packing and crating services, other than those provided in 454
568568 connection with the sale of tangible personal property by the retailer of 455
569569 such property; 456
570570 (II) Motor vehicle towing and road services, other than motor 457
571571 vehicle repair services; 458
572572 (JJ) Intrastate transportation services provided by livery services, 459
573573 including limousines, community cars or vans, with a driver. Intrastate 460
574574 transportation services shall not include transportation by taxicab, 461
575575 motor bus, ambulance or ambulette, scheduled public transportation, 462
576576 nonemergency medical transportation provided under the Medicaid 463
577577 program, paratransit services provided by agreement or arrangement 464
578578 with the state or any political subdivision of the state, dial-a-ride 465
579579 services or services provided in connection with funerals; 466
580580 (KK) [Pet] Animal grooming and [pet] animal boarding services, 467
581581 [except if such services are provided as an integral part of professional 468
582582 veterinary services,] and pet obedience services; 469
583583 (LL) Services in connection with a cosmetic medical procedure. For 470
584584 Raised Bill No. 7410
585585
586586
587587
588588 LCO No. 6787 17 of 88
589589
590590 purposes of this subparagraph, "cosmetic medical procedure" means 471
591591 any medical procedure performed on an individual that is directed at 472
592592 improving the individual's appearance and that does not meaningfully 473
593593 promote the proper function of the body or prevent or treat illness or 474
594594 disease. "Cosmetic medical procedure" includes, but is not limited to, 475
595595 cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft 476
596596 tissue fillers, dermabrasion and chemical peel, laser hair removal, laser 477
597597 skin resurfacing, laser treatment of leg veins and sclerotherapy. 478
598598 "Cosmetic medical procedure" does not include reconstructive surgery. 479
599599 "Reconstructive surgery" includes any surgery performed on abnormal 480
600600 structures caused by or related to congenital defects, developmental 481
601601 abnormalities, trauma, infection, tumors or disease, including 482
602602 procedures to improve function or give a more normal appearance; 483
603603 (MM) Manicure services, pedicure services and all other nail 484
604604 services, regardless of where performed, including airbrushing, fills, 485
605605 full sets, nail sculpting, paraffin treatments and polishes; 486
606606 (NN) Spa services, regardless of where performed, including body 487
607607 waxing and wraps, peels, scrubs and facials; [and] 488
608608 (OO) Car wash services, including coin-operated car washes; [.] 489
609609 (PP) Travel arrangement and reservation services described in 490
610610 industry group 5615 of the NAICS, 2017 edition, as amended from 491
611611 time to time; 492
612612 (QQ) Interior design services described in industry group 54141 of 493
613613 the NAICS, 2017 edition, as amended from time to time; 494
614614 (RR) Veterinary services described in industry group 54194 of the 495
615615 NAICS, 2017 edition, as amended from time to time; 496
616616 (SS) Sports and recreation instruction services described in industry 497
617617 group 61162 of the NAICS, 2017 edition, as amended from time to 498
618618 time; and 499
619619 Raised Bill No. 7410
620620
621621
622622
623623 LCO No. 6787 18 of 88
624624
625625 (TT) Waste management and remediation services provided by 500
626626 establishments described in industry group 5621 of the NAICS, 2017 501
627627 edition, as amended from time to time. 502
628628 Sec. 6. Section 12-412 of the general statutes is amended by adding 503
629629 subdivision (124) as follows (Effective January 1, 2020, and applicable to 504
630630 sales occurring on or after January 1, 2020): 505
631631 (NEW) (124) (A) Sales of services set forth in subparagraphs (PP) to 506
632632 (RR), inclusive, and subparagraph (TT) of subdivision (37) of 507
633633 subsection (a) of section 12-407, as amended by this act, and sales of 508
634634 digital goods, that are purchased by a business for use by such 509
635635 business. 510
636636 (B) Each purchaser of services or digital goods exempt pursuant to 511
637637 the provisions of this subdivision shall present, in order to qualify for 512
638638 such exemption, a certificate to the retailer, in such form as the 513
639639 commissioner may prescribe, certifying that the purchaser is a business 514
640640 and is purchasing such services for its business. The purchaser of the 515
641641 services or digital goods shall be liable for the tax otherwise imposed if 516
642642 the certificate is improperly provided to the retailer, and any person 517
643643 who wilfully delivers a certificate that is known to be fraudulent or 518
644644 false in any material matter to a retailer shall, in addition to any other 519
645645 penalty provided by law, be guilty of a class D felony. 520
646646 Sec. 7. Subdivision (120) of section 12-412 of the general statutes is 521
647647 repealed and the following is substituted in lieu thereof (Effective 522
648648 January 1, 2020, and applicable to sales occurring on or after January 1, 523
649649 2020): 524
650650 (120) [On and after April 1, 2015, sales of the following 525
651651 nonprescription drugs or medicines available for purchase for use in or 526
652652 on the body: Vitamin or mineral concentrates; dietary supplements; 527
653653 natural or herbal drugs or medicines; products intended to be taken for 528
654654 coughs, cold, asthma or allergies, or antihistamines; laxatives; 529
655655 antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 530
656656 Raised Bill No. 7410
657657
658658
659659
660660 LCO No. 6787 19 of 88
661661
662662 and antifungal medicines; antiseptics; astringents; anesthetics; 531
663663 steroidal medicines; anthelmintics; emetics and antiemetics; antacids; 532
664664 and any medication prepared to be used in the eyes, ears or nose. 533
665665 Nonprescription drugs or medicines shall not include cosmetics, 534
666666 dentrifrices, mouthwash, shaving and hair care products, soaps or 535
667667 deodorants] Sales of marijuana sold pursuant to chapter 420f by a 536
668668 licensed dispensary for palliative use. 537
669669 Sec. 8. Subparagraph (H) of subdivision (2) of subsection (a) of 538
670670 section 12-407 of the general statutes is repealed and the following is 539
671671 substituted in lieu thereof (Effective January 1, 2020, and applicable to 540
672672 sales occurring on or after January 1, 2020): 541
673673 (H) A transfer for a consideration of the occupancy of any room or 542
674674 rooms in a hotel, lodging house or bed and breakfast establishment or 543
675675 of any space in a campground, for a period of thirty consecutive 544
676676 calendar days or less; 545
677677 Sec. 9. Subparagraph (A) of subdivision (3) of subsection (a) of 546
678678 section 12-407 of the general statutes is repealed and the following is 547
679679 substituted in lieu thereof (Effective January 1, 2020, and applicable to 548
680680 sales occurring on or after January 1, 2020): 549
681681 (3) (A) "Retail sale" or "sale at retail" means and includes a sale for 550
682682 any purpose other than resale in the regular course of business of (i) 551
683683 tangible personal property, [or] (ii) a transfer for a consideration of the 552
684684 occupancy of (I) any room or rooms in a hotel, lodging house or bed 553
685685 and breakfast establishment for a period of thirty consecutive calendar 554
686686 days or less, or (II) any space in a campground for a period of thirty 555
687687 consecutive calendar days or less, or (iii) the rendering of any service 556
688688 described in subdivision (2) of this subsection. The delivery in this 557
689689 state of tangible personal property by an owner or former owner 558
690690 thereof or by a factor, if the delivery is to a consumer pursuant to a 559
691691 retail sale made by a retailer not engaged in business in this state, is a 560
692692 retail sale in this state by the person making the delivery. Such person 561
693693 Raised Bill No. 7410
694694
695695
696696
697697 LCO No. 6787 20 of 88
698698
699699 shall include the retail selling price of the property in such person's 562
700700 gross receipts. 563
701701 Sec. 10. Subdivision (7) of subsection (a) of section 12-407 of the 564
702702 general statutes is repealed and the following is substituted in lieu 565
703703 thereof (Effective January 1, 2020, and applicable to sales occurring on or 566
704704 after January 1, 2020): 567
705705 (7) "Purchase" and "purchasing" means and includes: (A) Any 568
706706 transfer, exchange or barter, conditional or otherwise, in any manner 569
707707 or by any means whatsoever, of (i) tangible personal property for a 570
708708 consideration, or (ii) of the occupancy of any room or rooms in a hotel, 571
709709 lodging house or bed and breakfast establishment for a period of thirty 572
710710 consecutive calendar days or less for a consideration or of any space in 573
711711 a campground for a period of thirty consecutive calendar days or less 574
712712 for a consideration; (B) a transaction whereby the possession of 575
713713 property is transferred but the seller retains the title as security for the 576
714714 payment of the price; (C) a transfer for a consideration of tangible 577
715715 personal property which has been produced, fabricated or printed to 578
716716 the special order of the customer, or of any publication; (D) when 579
717717 performed outside this state or when the customer gives a resale 580
718718 certificate pursuant to section 12-410, the producing, fabricating, 581
719719 processing, printing or imprinting of tangible personal property for a 582
720720 consideration for consumers who furnish either directly or indirectly 583
721721 the materials used in the producing, fabricating, processing, printing 584
722722 or imprinting; (E) the acceptance or receipt of any service described in 585
723723 any of the subparagraphs of subdivision (2) of this subsection; (F) any 586
724724 leasing or rental of tangible personal property. Wherever in this 587
725725 chapter reference is made to the purchase or purchasing of tangible 588
726726 personal property, it shall be construed to include purchases as 589
727727 described in this subsection. 590
728728 Sec. 11. Subparagraph (A) of subdivision (8) of subsection (a) of 591
729729 section 12-407 of the general statutes is repealed and the following is 592
730730 substituted in lieu thereof (Effective January 1, 2020, and applicable to 593
731731 Raised Bill No. 7410
732732
733733
734734
735735 LCO No. 6787 21 of 88
736736
737737 sales occurring on or after January 1, 2020): 594
738738 (8) (A) "Sales price" means the total amount for which tangible 595
739739 personal property is sold by a retailer, the total amount of rent for 596
740740 which occupancy of a room or of a space in a campground is 597
741741 transferred by an operator, the total amount for which any service 598
742742 described in subdivision (2) of this subsection is rendered by a retailer 599
743743 or the total amount of payment or periodic payments for which 600
744744 tangible personal property is leased by a retailer, valued in money, 601
745745 whether paid in money or otherwise, which amount is due and owing 602
746746 to the retailer or operator and, subject to the provisions of subdivision 603
747747 (1) of section 12-408, as amended by this act, whether or not actually 604
748748 received by the retailer or operator, without any deduction on account 605
749749 of any of the following: (i) The cost of the property sold; (ii) the cost of 606
750750 materials used, labor or service cost, interest charged, losses or any 607
751751 other expenses; (iii) for any sale occurring on or after July 1, 1993, any 608
752752 charges by the retailer to the purchaser for shipping or delivery, 609
753753 notwithstanding whether such charges are separately stated in a 610
754754 written contract, or on a bill or invoice rendered to such purchaser or 611
755755 whether such shipping or delivery is provided by the retailer or a third 612
756756 party. The provisions of subparagraph (A) (iii) of this subdivision shall 613
757757 not apply to any item exempt from taxation pursuant to section 12-412, 614
758758 as amended by this act. Such total amount includes any services that 615
759759 are a part of the sale; except as otherwise provided in subparagraph 616
760760 (B)(v) or (B)(vi) of this subdivision, any amount for which credit is 617
761761 given to the purchaser by the retailer, and all compensation and all 618
762762 employment-related expenses, whether or not separately stated, paid 619
763763 to or on behalf of employees of a retailer of any service described in 620
764764 subdivision (2) of this subsection. 621
765765 Sec. 12. Subparagraph (A) of subdivision (9) of subsection (a) of 622
766766 section 12-407 of the general statutes is repealed and the following is 623
767767 substituted in lieu thereof (Effective January 1, 2020, and applicable to 624
768768 sales occurring on or after January 1, 2020): 625
769769 Raised Bill No. 7410
770770
771771
772772
773773 LCO No. 6787 22 of 88
774774
775775 (9) (A) "Gross receipts" means the total amount of the sales price 626
776776 from retail sales of tangible personal property by a retailer, the total 627
777777 amount of the rent from transfers of occupancy of rooms or of space in 628
778778 a campground by an operator, the total amount of the sales price from 629
779779 retail sales of any service described in subdivision (2) of this subsection 630
780780 by a retailer of services, or the total amount of payment or periodic 631
781781 payments from leases or rentals of tangible personal property by a 632
782782 retailer, valued in money, whether received in money or otherwise, 633
783783 which amount is due and owing to the retailer or operator and, subject 634
784784 to the provisions of subdivision (1) of section 12-408, as amended by 635
785785 this act, whether or not actually received by the retailer or operator, 636
786786 without any deduction on account of any of the following: (i) The cost 637
787787 of the property sold; however, in accordance with such regulations as 638
788788 the Commissioner of Revenue Services may prescribe, a deduction 639
789789 may be taken if the retailer has purchased property for some other 640
790790 purpose than resale, has reimbursed the retailer's vendor for tax which 641
791791 the vendor is required to pay to the state or has paid the use tax with 642
792792 respect to the property, and has resold the property prior to making 643
793793 any use of the property other than retention, demonstration or display 644
794794 while holding it for sale in the regular course of business. If such a 645
795795 deduction is taken by the retailer, no refund or credit will be allowed 646
796796 to the retailer's vendor with respect to the sale of the property; (ii) the 647
797797 cost of the materials used, labor or service cost, interest paid, losses or 648
798798 any other expense; (iii) for any sale occurring on or after July 1, 1993, 649
799799 except for any item exempt from taxation pursuant to section 12-412, 650
800800 as amended by this act, any charges by the retailer to the purchaser for 651
801801 shipping or delivery, notwithstanding whether such charges are 652
802802 separately stated in the written contract, or on a bill or invoice 653
803803 rendered to such purchaser or whether such shipping or delivery is 654
804804 provided by the retailer or a third party. The total amount of the sales 655
805805 price includes any services that are a part of the sale; all receipts, cash, 656
806806 credits and property of any kind; except as otherwise provided in 657
807807 subparagraph (B)(v) or (B)(vi) of this subdivision, any amount for 658
808808 which credit is allowed by the retailer to the purchaser; and all 659
809809 Raised Bill No. 7410
810810
811811
812812
813813 LCO No. 6787 23 of 88
814814
815815 compensation and all employment-related expenses, whether or not 660
816816 separately stated, paid to or on behalf of employees of a retailer of any 661
817817 service described in subdivision (2) of this subsection. 662
818818 Sec. 13. Subparagraph (A) of subdivision (15) of subsection (a) of 663
819819 section 12-407 of the general statutes is repealed and the following is 664
820820 substituted in lieu thereof (Effective January 1, 2020, and applicable to 665
821821 sales occurring on or after January 1, 2020): 666
822822 (15) (A) "Engaged in business in the state" means and, to the extent 667
823823 not prohibited by the Constitution of the United States, includes, but 668
824824 shall not be limited to, the following acts or methods of transacting 669
825825 business: (i) Selling in this state, or any activity in this state in 670
826826 connection with selling in this state, tangible personal property for use, 671
827827 storage or consumption within the state; (ii) engaging in the transfer 672
828828 for a consideration of the occupancy of (I) any room or rooms in a 673
829829 hotel, lodging house or bed and breakfast establishment for a period of 674
830830 thirty consecutive calendar days or less, or (II) any space in a 675
831831 campground for a period of thirty consecutive calendar days or less; 676
832832 (iii) rendering in this state any service described in any of the 677
833833 subparagraphs of subdivision (2) of this subsection; (iv) maintaining, 678
834834 occupying or using, permanently or temporarily, directly or indirectly, 679
835835 through a subsidiary or agent, by whatever name called, any office, 680
836836 place of distribution, sales or sample room or place, warehouse or 681
837837 storage point or other place of business or having any representative, 682
838838 agent, salesman, canvasser or solicitor operating in this state for the 683
839839 purpose of selling, delivering or taking orders; (v) notwithstanding the 684
840840 fact that retail sales are made from outside this state to a destination 685
841841 within this state, engaging in regular or systematic solicitation of sales 686
842842 of tangible personal property in this state by the display of 687
843843 advertisements on billboards or other outdoor advertising in this state, 688
844844 by the distribution of catalogs, periodicals, advertising flyers or other 689
845845 advertising by means of print, radio or television media, or by mail, 690
846846 telegraphy, telephone, computer data base, cable, optic, microwave, 691
847847 Internet or other communication system, for the purpose of effecting 692
848848 Raised Bill No. 7410
849849
850850
851851
852852 LCO No. 6787 24 of 88
853853
854854 retail sales of tangible personal property, provided at least two 693
855855 hundred fifty thousand dollars of gross receipts are received and two 694
856856 hundred or more retail sales from outside this state to destinations 695
857857 within this state are made during the twelve-month period ended on 696
858858 the September thirtieth immediately preceding the monthly or 697
859859 quarterly period with respect to which liability for tax under this 698
860860 chapter is determined; (vi) being owned or controlled, either directly 699
861861 or indirectly, by a retailer engaged in business in this state which is the 700
862862 same as or similar to the line of business in which the retailer so owned 701
863863 or controlled is engaged; (vii) being owned or controlled, either 702
864864 directly or indirectly, by the same interests that own or control, either 703
865865 directly or indirectly, a retailer engaged in business in this state which 704
866866 is the same as or similar to the line of business in which the retailer so 705
867867 owned or controlled is engaged; (viii) being the assignee of a person 706
868868 engaged in the business of leasing tangible personal property to others, 707
869869 where leased property of such person is situated within this state and 708
870870 such assignee has a security interest, as defined in subdivision (35) of 709
871871 subsection (b) of section 42a-1-201, in such property; (ix) 710
872872 notwithstanding the fact that retail sales of items of tangible personal 711
873873 property are made from outside this state to a destination within this 712
874874 state, repairing or servicing such items, under a warranty, in this state, 713
875875 either directly or indirectly through an agent, independent contractor 714
876876 or subsidiary; and (x) selling tangible personal property or services 715
877877 through an agreement with a person located in this state, under which 716
878878 such person located in this state, for a commission or other 717
879879 consideration that is based upon the sale of tangible personal property 718
880880 or services by the retailer, directly or indirectly refers potential 719
881881 customers, whether by a link on an Internet web site or otherwise, to 720
882882 the retailer, provided the cumulative gross receipts from sales by the 721
883883 retailer to customers in the state who are referred to the retailer by all 722
884884 such persons with this type of agreement with the retailer is in excess 723
885885 of two hundred fifty thousand dollars during the four preceding four 724
886886 quarterly periods ending on the last day of March, June, September 725
887887 and December. 726
888888 Raised Bill No. 7410
889889
890890
891891
892892 LCO No. 6787 25 of 88
893893
894894 Sec. 14. Subdivisions (18) and (19) of subsection (a) of section 12-407 727
895895 of the general statutes are repealed and the following is substituted in 728
896896 lieu thereof (Effective January 1, 2020, and applicable to sales occurring on 729
897897 or after January 1, 2020): 730
898898 (18) "Operator" means any person operating a hotel, lodging house, 731
899899 [or] bed and breakfast establishment or campground in the state, 732
900900 including, but not limited to, the owner or proprietor of such premises, 733
901901 lessee, sublessee, mortgagee in possession, licensee or any other person 734
902902 otherwise operating such hotel, lodging house, [or] bed and breakfast 735
903903 establishment or campground. 736
904904 (19) "Occupancy" means the use or possession, or the right to the 737
905905 use or possession, of any room or rooms in a hotel, lodging house or 738
906906 bed and breakfast establishment or of any space in a campground, or 739
907907 the right to the use or possession of the furnishings or the services and 740
908908 accommodations accompanying the use and possession of such room 741
909909 or rooms or such space, for the first period of not more than thirty 742
910910 consecutive calendar days. 743
911911 Sec. 15. Section 12-640 of the general statutes is repealed and the 744
912912 following is substituted in lieu thereof (Effective from passage and 745
913913 applicable to gifts made on or after January 1, 2019): 746
914914 For [the calendar year 1991 and each year thereafter] calendar years 747
915915 commencing January 1, 1991, but prior to January 1, 2019, a tax 748
916916 computed as provided in section 12-642, as amended by this act, is 749
917917 hereby imposed on the transfer of property by gift during such taxable 750
918918 year by any individual resident or nonresident provided, for the 751
919919 calendar year commencing January 1, 1991, such tax shall be imposed 752
920920 only on those gifts [which are] that were transferred on or after 753
921921 September 1, 1991. 754
922922 Sec. 16. Section 12-642 of the general statutes is repealed and the 755
923923 following is substituted in lieu thereof (Effective from passage): 756
924924 Raised Bill No. 7410
925925
926926
927927
928928 LCO No. 6787 26 of 88
929929
930930 (a) (1) With respect to calendar years commencing prior to January 757
931931 1, 2001, the tax imposed by section 12-640, as amended by this act, for 758
932932 the calendar year shall be at a rate of the taxable gifts made by the 759
933933 donor during the calendar year set forth in the following schedule: 760
934934 T1 Amount of Taxable Gifts Rate of Tax
935935 T2 Not over $25,000 1%
936936 T3 Over $25,000 $250, plus 2% of the excess
937937 T4 but not over $50,000 over $25,000
938938 T5 Over $50,000 $750, plus 3% of the excess
939939 T6 but not over $75,000 over $50,000
940940 T7 Over $75,000 $1,500, plus 4% of the excess
941941 T8 but not over $100,000 over $75,000
942942 T9 Over $100,000 $2,500, plus 5% of the excess
943943 T10 but not over $200,000 over $100,000
944944 T11 Over $200,000 $7,500, plus 6% of the excess
945945 T12 over $200,000
946946
947947 (2) With respect to the calendar years commencing January 1, 2001, 761
948948 January 1, 2002, January 1, 2003, and January 1, 2004, the tax imposed 762
949949 by section 12-640, as amended by this act, for each such calendar year 763
950950 shall be at a rate of the taxable gifts made by the donor during the 764
951951 calendar year set forth in the following schedule: 765
952952 T13 Amount of Taxable Gifts Rate of Tax
953953 T14 Over $25,000 $250, plus 2% of the excess
954954 T15 but not over $50,000 over $25,000
955955 T16 Over $50,000 $750, plus 3% of the excess
956956 T17 but not over $75,000 over $50,000
957957 T18 Over $75,000 $1,500, plus 4% of the excess
958958 T19 but not over $100,000 over $75,000
959959 T20 Over $100,000 $2,500, plus 5% of the excess
960960 T21 but not over $675,000 over $100,000
961961 T22 Over $675,000 $31,250, plus 6% of the excess
962962 Raised Bill No. 7410
963963
964964
965965
966966 LCO No. 6787 27 of 88
967967
968968 T23 over $675,000
969969
970970 (3) With respect to Connecticut taxable gifts, as defined in section 766
971971 12-643, as amended by this act, made by a donor during a calendar 767
972972 year commencing on or after January 1, 2005, but prior to January 1, 768
973973 2010, including the aggregate amount of all Connecticut taxable gifts 769
974974 made by the donor during all calendar years commencing on or after 770
975975 January 1, 2005, but prior to January 1, 2010, the tax imposed by 771
976976 section 12-640, as amended by this act, for the calendar year shall be at 772
977977 the rate set forth in the following schedule, with a credit allowed 773
978978 against such tax for any tax previously paid to this state pursuant to 774
979979 this subdivision: 775
980980 T24 Amount of Taxable Gifts Rate of Tax
981981 T25 Not over $2,000,000 None
982982 T26 Over $2,000,000
983983 T27 but not over $2,100,000 5.085% of the excess over $0
984984 T28 Over $2,100,000 $106,800 plus 8% of the excess
985985 T29 but not over $2,600,000 over $2,100,000
986986 T30 Over $2,600,000 $146,800 plus 8.8% of the excess
987987 T31 but not over $3,100,000 over $2,600,000
988988 T32 Over $3,100,000 $190,800 plus 9.6% of the excess
989989 T33 but not over $3,600,000 over $3,100,000
990990 T34 Over $3,600,000 $238,800 plus 10.4% of the excess
991991 T35 but not over $4,100,000 over $3,600,000
992992 T36 Over $4,100,000 $290,800 plus 11.2% of the excess
993993 T37 but not over $5,100,000 over $4,100,000
994994 T38 Over $5,100,000 $402,800 plus 12% of the excess
995995 T39 but not over $6,100,000 over $5,100,000
996996 T40 Over $6,100,000 $522,800 plus 12.8% of the excess
997997 T41 but not over $7,100,000 over $6,100,000
998998 T42 Over $7,100,000 $650,800 plus 13.6% of the excess
999999 T43 but not over $8,100,000 over $7,100,000
10001000 T44 Over $8,100,000 $786,800 plus 14.4% of the excess
10011001 Raised Bill No. 7410
10021002
10031003
10041004
10051005 LCO No. 6787 28 of 88
10061006
10071007 T45 but not over $9,100,000 over $8,100,000
10081008 T46 Over $9,100,000 $930,800 plus 15.2% of the excess
10091009 T47 but not over $10,100,000 over $9,100,000
10101010 T48 Over $10,100,000 $1,082,800 plus 16% of the excess
10111011 T49 over $10,100,000
10121012
10131013 (4) With respect to Connecticut taxable gifts, as defined in section 776
10141014 12-643, as amended by this act, made by a donor during a calendar 777
10151015 year commencing on or after January 1, 2010, but prior to January 1, 778
10161016 2011, including the aggregate amount of all Connecticut taxable gifts 779
10171017 made by the donor during all calendar years commencing on or after 780
10181018 January 1, 2005, the tax imposed by section 12-640, as amended by this 781
10191019 act, for the calendar year shall be at the rate set forth in the following 782
10201020 schedule, with a credit allowed against such tax for any tax previously 783
10211021 paid to this state pursuant to this subdivision or pursuant to 784
10221022 subdivision (3) of this subsection, provided such credit shall not 785
10231023 exceed the amount of tax imposed by this section: 786
10241024 T50 Amount of Taxable Gifts Rate of Tax
10251025 T51 Not over $3,500,000 None
10261026 T52 Over $3,500,000 7.2% of the excess
10271027 T53 but not over $3,600,000 over $3,500,000
10281028 T54 Over $3,600,000 $7,200 plus 7.8% of the excess
10291029 T55 but not over $4,100,000 over $3,600,000
10301030 T56 Over $4,100,000 $46,200 plus 8.4% of the excess
10311031 T57 but not over $5,100,000 over $4,100,000
10321032 T58 Over $5,100,000 $130,200 plus 9.0% of the excess
10331033 T59 but not over $6,100,000 over $5,100,000
10341034 T60 Over $6,100,000 $220,200 plus 9.6% of the excess
10351035 T61 but not over $7,100,000 over $6,100,000
10361036 T62 Over $7,100,000 $316,200 plus 10.2% of the excess
10371037 T63 but not over $8,100,000 over $7,100,000
10381038 T64 Over $8,100,000 $418,200 plus 10.8% of the excess
10391039 T65 but not over $9,100,000 over $8,100,000
10401040 Raised Bill No. 7410
10411041
10421042
10431043
10441044 LCO No. 6787 29 of 88
10451045
10461046 T66 Over $9,100,000 $526,200 plus 11.4% of the excess
10471047 T67 but not over $10,100,000 over $9,100,000
10481048 T68 Over $10,100,000 $640,200 plus 12% of the excess
10491049 T69 over $10,100,000
10501050
10511051 (5) With respect to Connecticut taxable gifts, as defined in section 787
10521052 12-643, as amended by this act, made by a donor during a calendar 788
10531053 year commencing on or after January 1, 2011, but prior to January 1, 789
10541054 2018, including the aggregate amount of all Connecticut taxable gifts 790
10551055 made by the donor during all calendar years commencing on or after 791
10561056 January 1, 2005, the tax imposed by section 12-640, as amended by this 792
10571057 act, for the calendar year shall be at the rate set forth in the following 793
10581058 schedule, with a credit allowed against such tax for any tax previously 794
10591059 paid to this state pursuant to this subdivision or pursuant to 795
10601060 subdivision (3) or (4) of this subsection, provided such credit shall not 796
10611061 exceed the amount of tax imposed by this section: 797
10621062 T70
10631063 Amount of Taxable Gifts Rate of Tax
10641064 T71 Not over $2,000,000 None
10651065 T72 Over $2,000,000 7.2% of the excess
10661066 T73 but not over $3,600,000 over $2,000,000
10671067 T74 Over $3,600,000 $115,200 plus 7.8% of the excess
10681068 T75 but not over $4,100,000 over $3,600,000
10691069 T76 Over $4,100,000 $154,200 plus 8.4% of the excess
10701070 T77 but not over $5,100,000 over $4,100,000
10711071 T78 Over $5,100,000 $238,200 plus 9.0% of the excess
10721072 T79 but not over $6,100,000 over $5,100,000
10731073 T80 Over $6,100,000 $328,200 plus 9.6% of the excess
10741074 T81 but not over $7,100,000 over $6,100,000
10751075 T82 Over $7,100,000 $424,200 plus 10.2% of the excess
10761076 T83 but not over $8,100,000 over $7,100,000
10771077 T84 Over $8,100,000 $526,200 plus 10.8% of the excess
10781078 T85 but not over $9,100,000 over $8,100,000
10791079 T86 Over $9,100,000 $634,200 plus 11.4% of the excess
10801080 Raised Bill No. 7410
10811081
10821082
10831083
10841084 LCO No. 6787 30 of 88
10851085
10861086 T87 but not over $10,100,000 over $9,100,000
10871087 T88 Over $10,100,000 $748,200 plus 12% of the excess
10881088 T89 over $10,100,000
10891089
10901090 (6) With respect to Connecticut taxable gifts, as defined in section 798
10911091 12-643, as amended by this act, made by a donor during a calendar 799
10921092 year commencing on or after January 1, 2018, but prior to January 1, 800
10931093 2019, including the aggregate amount of all Connecticut taxable gifts 801
10941094 made by the donor during all calendar years commencing on or after 802
10951095 January 1, 2005, the tax imposed by section 12-640, as amended by this 803
10961096 act, for the calendar year shall be at the rate set forth in the following 804
10971097 schedule, with a credit allowed against such tax for any tax previously 805
10981098 paid to this state pursuant to this subdivision or pursuant to 806
10991099 subdivision (3), (4) or (5) of this subsection, provided such credit shall 807
11001100 not exceed the amount of tax imposed by this section: 808
11011101 T90
11021102 Amount of Taxable Gifts Rate of Tax
11031103 T91 Not over $2,600,000 None
11041104 T92 Over $2,600,000 7.2% of the excess
11051105 T93 but not over $3,600,000 over $2,600,000
11061106 T94 Over $3,600,000 $72,000 plus 7.8% of the excess
11071107 T95 but not over $4,100,000 over $3,600,000
11081108 T96 Over $4,100,000 $111,000 plus 8.4% of the excess
11091109 T97 but not over $5,100,000 over $4,100,000
11101110 T98 Over $5,100,000 $195,000 plus 10% of the excess
11111111 T99 but not over $6,100,000 over $5,100,000
11121112 T100 Over $6,100,000 $295,000 plus 10.4% of the excess
11131113 T101 but not over $7,100,000 over $6,100,000
11141114 T102 Over $7,100,000 $399,000 plus 10.8% of the excess
11151115 T103 but not over $8,100,000 over $7,100,000
11161116 T104 Over $8,100,000 $507,000 plus 11.2% of the excess
11171117 T105 but not over $9,100,000 over $8,100,000
11181118 T106 Over $9,100,000 $619,000 plus 11.6% of the excess
11191119 T107 but not over $10,100,000 over $9,100,000
11201120 Raised Bill No. 7410
11211121
11221122
11231123
11241124 LCO No. 6787 31 of 88
11251125
11261126 T108 Over $10,100,000 $735,000 plus 12% of the excess
11271127 T109 over $10,100,000
11281128
11291129 [(7) With respect to Connecticut taxable gifts, as defined in section 809
11301130 12-643, made by a donor during a calendar year commencing on or 810
11311131 after January 1, 2019, but prior to January 1, 2020, including the 811
11321132 aggregate amount of all Connecticut taxable gifts made by the donor 812
11331133 during all calendar years commencing on or after January 1, 2005, the 813
11341134 tax imposed by section 12-640 for the calendar year shall be at the rate 814
11351135 set forth in the following schedule, with a credit allowed against such 815
11361136 tax for any tax previously paid to this state pursuant to this 816
11371137 subdivision or pursuant to subdivision (3), (4), (5) or (6) of this 817
11381138 subsection, provided such credit shall not exceed the amount of tax 818
11391139 imposed by this section: 819
11401140 T110
11411141 Amount of Taxable Gifts Rate of Tax
11421142 T111 Not over $3,600,000 None
11431143 T112 Over $3,600,000 7.8% of the excess
11441144 T113 but not over $4,100,000 over $3,600,000
11451145 T114 Over $4,100,000 $39,000 plus 8.4% of the excess
11461146 T115 but not over $5,100,000 over $4,100,000
11471147 T116 Over $5,100,000 $123,000 plus 10% of the excess
11481148 T117 but not over $6,100,000 over $5,100,000
11491149 T118 Over $6,100,000 $223,000 plus 10.4% of the excess
11501150 T119 but not over $7,100,000 over $6,100,000
11511151 T120 Over $7,100,000 $327,000 plus 10.8% of the excess
11521152 T121 but not over $8,100,000 over $7,100,000
11531153 T122 Over $8,100,000 $435,000 plus 11.2% of the excess
11541154 T123 but not over $9,100,000 over $8,100,000
11551155 T124 Over $9,100,000 $547,000 plus 11.6% of the excess
11561156 T125 but not over $10,100,000 over $9,100,000
11571157 T126 Over $10,100,000 $663,000 plus 12% of the excess
11581158 T127 over $10,100,000
11591159
11601160 Raised Bill No. 7410
11611161
11621162
11631163
11641164 LCO No. 6787 32 of 88
11651165
11661166 (8) With respect to Connecticut taxable gifts, as defined in section 820
11671167 12-643, made by a donor during a calendar year commencing on or 821
11681168 after January 1, 2020, but prior to January 1, 2021, including the 822
11691169 aggregate amount of all Connecticut taxable gifts made by the donor 823
11701170 during all calendar years commencing on or after January 1, 2005, the 824
11711171 tax imposed by section 12-640 for the calendar year shall be at the rate 825
11721172 set forth in the following schedule, with a credit allowed against such 826
11731173 tax for any tax previously paid to this state pursuant to this 827
11741174 subdivision or pursuant to subdivision (3), (4), (5), (6) or (7) of this 828
11751175 subsection, provided such credit shall not exceed the amount of tax 829
11761176 imposed by this section: 830
11771177 T128 Amount of Taxable Gifts Rate of Tax
11781178 T129 Not over $5,100,000 None
11791179 T130 Over $5,100,000 10% of the excess
11801180 T131 but not over $6,100,000 over $5,100,000
11811181 T132 Over $6,100,000 $100,000 plus 10.4% of the excess
11821182 T133 but not over $7,100,000 over $6,100,000
11831183 T134 Over $7,100,000 $204,000 plus 10.8% of the excess
11841184 T135 but not over $8,100,000 over $7,100,000
11851185 T136 Over $8,100,000 $312,000 plus 11.2% of the excess
11861186 T137 but not over $9,100,000 over $8,100,000
11871187 T138 Over $9,100,000 $424,000 plus 11.6% of the excess
11881188 T139 but not over $10,100,000 over $9,100,000
11891189 T140 Over $10,100,000 $540,000 plus 12% of the excess
11901190 T141 over $10,100,000
11911191
11921192 (9) With respect to Connecticut taxable gifts, as defined in section 831
11931193 12-643, made by a donor during a calendar year commencing on or 832
11941194 after January 1, 2021, but prior to January 1, 2022, including the 833
11951195 aggregate amount of all Connecticut taxable gifts made by the donor 834
11961196 during all calendar years commencing on or after January 1, 2005, the 835
11971197 tax imposed by section 12-640 for the calendar year shall be at the rate 836
11981198 set forth in the following schedule, with a credit allowed against such 837
11991199 tax for any tax previously paid to this state pursuant to this 838
12001200 Raised Bill No. 7410
12011201
12021202
12031203
12041204 LCO No. 6787 33 of 88
12051205
12061206 subdivision or pursuant to subdivision (3), (4), (5), (6), (7) or (8) of this 839
12071207 subsection, provided such credit shall not exceed the amount of tax 840
12081208 imposed by this section: 841
12091209 T142 Amount of Taxable Gifts Rate of Tax
12101210 T143 Not over $7,100,000 None
12111211 T144 Over $7,100,000 10.8% of the excess
12121212 T145 but not over $8,100,000 over $7,100,000
12131213 T146 Over $8,100,000 $108,000 plus 11.2% of the excess
12141214 T147 but not over $9,100,000 over $8,100,000
12151215 T148 Over $9,100,000 $220,000 plus 11.6% of the excess
12161216 T149 but not over $10,100,000 over $9,100,000
12171217 T150 Over $10,100,000 $336,000 plus 12% of the excess
12181218 T151 over $10,100,000
12191219
12201220 (10) With respect to Connecticut taxable gifts, as defined in section 842
12211221 12-643, made by a donor during a calendar year commencing on or 843
12221222 after January 1, 2022, but prior to January 1, 2023, including the 844
12231223 aggregate amount of all Connecticut taxable gifts made by the donor 845
12241224 during all calendar years commencing on or after January 1, 2005, the 846
12251225 tax imposed by section 12-640 for the calendar year shall be at the rate 847
12261226 set forth in the following schedule, with a credit allowed against such 848
12271227 tax for any tax previously paid to this state pursuant to this 849
12281228 subdivision or pursuant to subdivision (3), (4), (5), (6), (7), (8) or (9) of 850
12291229 this subsection, provided such credit shall not exceed the amount of 851
12301230 tax imposed by this section: 852
12311231 T152 Amount of Taxable Gifts Rate of Tax
12321232 T153 Not over $9,100,000 None
12331233 T154 Over $9,100,000 11.6% of the excess
12341234 T155 but not over $10,100,000 over $9,100,000
12351235 T156 Over $10,100,000 $116,000 plus 12% of the excess
12361236 T157 over $10,100,000
12371237
12381238 (11) With respect to Connecticut taxable gifts, as defined in section 853
12391239 Raised Bill No. 7410
12401240
12411241
12421242
12431243 LCO No. 6787 34 of 88
12441244
12451245 12-643, made by a donor during a calendar year commencing on or 854
12461246 after January 1, 2023, including the aggregate amount of all 855
12471247 Connecticut taxable gifts made by the donor during all calendar years 856
12481248 commencing on or after January 1, 2005, the tax imposed by section 12-857
12491249 640 for the calendar year shall be at the rate set forth in the following 858
12501250 schedule, with a credit allowed against such tax for any tax previously 859
12511251 paid to this state pursuant to this subdivision or pursuant to 860
12521252 subdivision (3), (4), (5), (6), (7), (8), (9) or (10) of this subsection, 861
12531253 provided such credit shall not exceed the amount of tax imposed by 862
12541254 this section: 863
12551255 T158 Amount of Taxable Gifts Rate of Tax
12561256 T159 Not over the None
12571257 T160 federal basic exclusion amount
12581258 T161 Over the 12% of the excess over the
12591259 T162 federal basic exclusion amount federal basic exclusion amount]
12601260
12611261 (b) The tax imposed by section 12-640, as amended by this act, shall 864
12621262 be paid by the donor. If the gift tax is not paid when due the donee of 865
12631263 any gift shall be personally liable for the tax to the extent of the value 866
12641264 of the gift. 867
12651265 (c) [(1)] With respect to Connecticut taxable gifts, as defined in 868
12661266 section 12-643, as amended by this act, made by a donor during a 869
12671267 calendar year commencing on or after January 1, 2016, but prior to 870
12681268 January 1, 2019, the aggregate amount of tax imposed by section 12-871
12691269 640, as amended by this act, for all calendar years commencing on or 872
12701270 after January 1, 2016, shall not exceed twenty million dollars. 873
12711271 [(2) With respect to Connecticut taxable gifts, as defined in section 874
12721272 12-643, made by a donor during a calendar year commencing on or 875
12731273 after January 1, 2019, the aggregate amount of tax imposed by section 876
12741274 12-640 for all calendar years commencing on or after January 1, 2016, 877
12751275 shall not exceed fifteen million dollars.] 878
12761276 Raised Bill No. 7410
12771277
12781278
12791279
12801280 LCO No. 6787 35 of 88
12811281
12821282 Sec. 17. Subdivision (3) of section 12-643 of the general statutes is 879
12831283 repealed and the following is substituted in lieu thereof (Effective from 880
12841284 passage and applicable to estates of decedents dying on or after January 1, 881
12851285 2019): 882
12861286 (3) "Connecticut taxable gifts" means taxable gifts made during a 883
12871287 calendar year commencing on or after January 1, 2005, but prior to 884
12881288 January 1, 2019, that are, (A) for residents of this state, taxable gifts, 885
12891289 wherever located, but excepting gifts of real estate or tangible personal 886
12901290 property located outside this state, and (B) for nonresidents of this 887
12911291 state, gifts of real estate or tangible personal property located within 888
12921292 this state. 889
12931293 Sec. 18. Section 12-391 of the general statutes is repealed and the 890
12941294 following is substituted in lieu thereof (Effective from passage and 891
12951295 applicable to decedents dying on or after January 1, 2019): 892
12961296 (a) With respect to estates of decedents who die prior to January 1, 893
12971297 2005, and except as otherwise provided in section 59 of public act 03-1 894
12981298 of the June 30 special session, a tax is imposed upon the transfer of the 895
12991299 estate of each person who at the time of death was a resident of this 896
13001300 state. The amount of the tax shall be the amount of the federal credit 897
13011301 allowable for estate, inheritance, legacy and succession taxes paid to 898
13021302 any state or the District of Columbia under the provisions of the 899
13031303 federal internal revenue code in force at the date of such decedent's 900
13041304 death in respect to any property owned by such decedent or subject to 901
13051305 such taxes as part of or in connection with the estate of such decedent. 902
13061306 If real or tangible personal property of such decedent is located outside 903
13071307 this state and is subject to estate, inheritance, legacy, or succession 904
13081308 taxes by any state or states, other than the state of Connecticut, or by 905
13091309 the District of Columbia for which such federal credit is allowable, the 906
13101310 amount of tax due under this section shall be reduced by the lesser of: 907
13111311 (1) The amount of any such taxes paid to such other state or states or 908
13121312 said district and allowed as a credit against the federal estate tax; or (2) 909
13131313 an amount computed by multiplying such federal credit by a fraction, 910
13141314 Raised Bill No. 7410
13151315
13161316
13171317
13181318 LCO No. 6787 36 of 88
13191319
13201320 (A) the numerator of which is the value of that part of the decedent's 911
13211321 gross estate over which such other state or states or said district have 912
13221322 jurisdiction for estate tax purposes to the same extent to which this 913
13231323 state would assert jurisdiction for estate tax purposes under this 914
13241324 chapter with respect to the residents of such other state or states or 915
13251325 said district, and (B) the denominator of which is the value of the 916
13261326 decedent's gross estate. Property of a resident estate over which this 917
13271327 state has jurisdiction for estate tax purposes includes real property 918
13281328 situated in this state, tangible personal property having an actual situs 919
13291329 in this state, and intangible personal property owned by the decedent, 920
13301330 regardless of where it is located. The amount of any estate tax imposed 921
13311331 under this subsection shall also be reduced, but not below zero, by the 922
13321332 amount of any tax that is imposed under chapter 216 and that is 923
13331333 actually paid to this state. 924
13341334 (b) With respect to the estates of decedents who die prior to January 925
13351335 1, 2005, and except as otherwise provided in section 59 of public act 03-926
13361336 1 of the June 30 special session, a tax is imposed upon the transfer of 927
13371337 the estate of each person who at the time of death was a nonresident of 928
13381338 this state, the amount of which shall be computed by multiplying (1) 929
13391339 the federal credit allowable for estate, inheritance, legacy, and 930
13401340 succession taxes paid to any state or states or the District of Columbia 931
13411341 under the provisions of the federal internal revenue code in force at the 932
13421342 date of such decedent's death in respect to any property owned by 933
13431343 such decedent or subject to such taxes as a part of or in connection 934
13441344 with the estate of such decedent by (2) a fraction, (A) the numerator of 935
13451345 which is the value of that part of the decedent's gross estate over which 936
13461346 this state has jurisdiction for estate tax purposes and (B) the 937
13471347 denominator of which is the value of the decedent's gross estate. 938
13481348 Property of a nonresident estate over which this state has jurisdiction 939
13491349 for estate tax purposes includes real property situated in this state and 940
13501350 tangible personal property having an actual situs in this state. The 941
13511351 amount of any estate tax imposed under this subsection shall also be 942
13521352 reduced, but not below zero, by the amount of any tax that is imposed 943
13531353 Raised Bill No. 7410
13541354
13551355
13561356
13571357 LCO No. 6787 37 of 88
13581358
13591359 under chapter 216 and that is actually paid to this state. 944
13601360 (c) For purposes of this section and section 12-392, as amended by 945
13611361 this act: 946
13621362 (1) (A) "Connecticut taxable estate" means, with respect to the 947
13631363 estates of decedents dying on or after January 1, 2005, but prior to 948
13641364 January 1, 2010, (i) the gross estate less allowable deductions, as 949
13651365 determined under Chapter 11 of the Internal Revenue Code, plus (ii) 950
13661366 the aggregate amount of all Connecticut taxable gifts, as defined in 951
13671367 section 12-643, as amended by this act, made by the decedent for all 952
13681368 calendar years beginning on or after January 1, 2005, but prior to 953
13691369 January 1, 2010. The deduction for state death taxes paid under Section 954
13701370 2058 of said code shall be disregarded. 955
13711371 (B) "Connecticut taxable estate" means, with respect to the estates of 956
13721372 decedents dying on or after January 1, 2010, but prior to January 1, 957
13731373 2015, (i) the gross estate less allowable deductions, as determined 958
13741374 under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 959
13751375 amount of all Connecticut taxable gifts, as defined in section 12-643, as 960
13761376 amended by this act, made by the decedent for all calendar years 961
13771377 beginning on or after January 1, 2005. The deduction for state death 962
13781378 taxes paid under Section 2058 of said code shall be disregarded. 963
13791379 (C) "Connecticut taxable estate" means, with respect to the estates of 964
13801380 decedents dying on or after January 1, 2015, but prior to January 1, 965
13811381 2019, (i) the gross estate less allowable deductions, as determined 966
13821382 under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 967
13831383 amount of all Connecticut taxable gifts, as defined in section 12-643, as 968
13841384 amended by this act, made by the decedent for all calendar years 969
13851385 beginning on or after January 1, 2005, other than Connecticut taxable 970
13861386 gifts that are includable in the gross estate for federal estate tax 971
13871387 purposes of the decedent, plus (iii) the amount of any tax paid to this 972
13881388 state pursuant to section 12-642, as amended by this act, by the 973
13891389 decedent or the decedent's estate on any gift made by the decedent or 974
13901390 Raised Bill No. 7410
13911391
13921392
13931393
13941394 LCO No. 6787 38 of 88
13951395
13961396 the decedent's spouse during the three-year period preceding the date 975
13971397 of the decedent's death. The deduction for state death taxes paid under 976
13981398 Section 2058 of the Internal Revenue Code shall be disregarded. 977
13991399 (2) "Internal Revenue Code" means the Internal Revenue Code of 978
14001400 1986, or any subsequent corresponding internal revenue code of the 979
14011401 United States, as amended from time to time, except in the event of 980
14021402 repeal of the federal estate tax, then all references to the Internal 981
14031403 Revenue Code in this section shall mean the Internal Revenue Code as 982
14041404 in force on the day prior to the effective date of such repeal. 983
14051405 (3) "Gross estate" means the gross estate, for federal estate tax 984
14061406 purposes. 985
14071407 (d) (1) (A) With respect to the estates of decedents who die on or 986
14081408 after January 1, 2005, but prior to January 1, 2010, a tax is imposed 987
14091409 upon the transfer of the estate of each person who at the time of death 988
14101410 was a resident of this state. The amount of the tax shall be determined 989
14111411 using the schedule in subsection (g) of this section. A credit shall be 990
14121412 allowed against such tax for any taxes paid to this state pursuant to 991
14131413 section 12-642, as amended by this act, for Connecticut taxable gifts 992
14141414 made on or after January 1, 2005, but prior to January 1, 2010. 993
14151415 (B) With respect to the estates of decedents who die on or after 994
14161416 January 1, 2010, but prior to January 1, 2015, a tax is imposed upon the 995
14171417 transfer of the estate of each person who at the time of death was a 996
14181418 resident of this state. The amount of the tax shall be determined using 997
14191419 the schedule in subsection (g) of this section. A credit shall be allowed 998
14201420 against such tax for any taxes paid to this state pursuant to section 12-999
14211421 642, as amended by this act, for Connecticut taxable gifts made on or 1000
14221422 after January 1, 2005, provided such credit shall not exceed the amount 1001
14231423 of tax imposed by this section. 1002
14241424 (C) With respect to the estates of decedents who die on or after 1003
14251425 January 1, 2015, but prior to January 1, 2016, a tax is imposed upon the 1004
14261426 transfer of the estate of each person who at the time of death was a 1005
14271427 Raised Bill No. 7410
14281428
14291429
14301430
14311431 LCO No. 6787 39 of 88
14321432
14331433 resident of this state. The amount of the tax shall be determined using 1006
14341434 the schedule in subsection (g) of this section. A credit shall be allowed 1007
14351435 against such tax for (i) any taxes paid to this state pursuant to section 1008
14361436 12-642, as amended by this act, by the decedent or the decedent's estate 1009
14371437 for Connecticut taxable gifts made on or after January 1, 2005, and (ii) 1010
14381438 any taxes paid by the decedent's spouse to this state pursuant to 1011
14391439 section 12-642, as amended by this act, for Connecticut taxable gifts 1012
14401440 made by the decedent on or after January 1, 2005, that are includable in 1013
14411441 the gross estate of the decedent, provided such credit shall not exceed 1014
14421442 the amount of tax imposed by this section. 1015
14431443 (D) With respect to the estates of decedents who die on or after 1016
14441444 January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 1017
14451445 transfer of the estate of each person who at the time of death was a 1018
14461446 resident of this state. The amount of the tax shall be determined using 1019
14471447 the schedule in subsection (g) of this section. A credit shall be allowed 1020
14481448 against such tax for (i) any taxes paid to this state pursuant to section 1021
14491449 12-642, as amended by this act, by the decedent or the decedent's estate 1022
14501450 for Connecticut taxable gifts made on or after January 1, 2005, and (ii) 1023
14511451 any taxes paid by the decedent's spouse to this state pursuant to 1024
14521452 section 12-642, as amended by this act, for Connecticut taxable gifts 1025
14531453 made by the decedent on or after January 1, 2005, that are includable in 1026
14541454 the gross estate of the decedent, provided such credit shall not exceed 1027
14551455 the amount of tax imposed by this section. In no event shall the 1028
14561456 amount of tax payable under this section exceed twenty million 1029
14571457 dollars. Such twenty-million-dollar limit shall be reduced by the 1030
14581458 amount of (I) any taxes paid to this state pursuant to section 12-642, as 1031
14591459 amended by this act, by the decedent or the decedent's estate for 1032
14601460 Connecticut taxable gifts made on or after January 1, 2016, and (II) any 1033
14611461 taxes paid by the decedent's spouse to this state pursuant to section 12-1034
14621462 642, as amended by this act, for Connecticut taxable gifts made by the 1035
14631463 decedent on or after January 1, 2016, that are includable in the gross 1036
14641464 estate of the decedent, but in no event shall the amount be reduced 1037
14651465 below zero. 1038
14661466 Raised Bill No. 7410
14671467
14681468
14691469
14701470 LCO No. 6787 40 of 88
14711471
14721472 [(E) With respect to the estates of decedents who die on or after 1039
14731473 January 1, 2019, a tax is imposed upon the transfer of the estate of each 1040
14741474 person who at the time of death was a resident of this state. The 1041
14751475 amount of the tax shall be determined using the schedule in subsection 1042
14761476 (g) of this section. A credit shall be allowed against such tax for (i) any 1043
14771477 taxes paid to this state pursuant to section 12-642 by the decedent or 1044
14781478 the decedent's estate for Connecticut taxable gifts made on or after 1045
14791479 January 1, 2005, and (ii) any taxes paid by the decedent's spouse to this 1046
14801480 state pursuant to section 12-642 for Connecticut taxable gifts made by 1047
14811481 the decedent on or after January 1, 2005, that are includable in the 1048
14821482 gross estate of the decedent, provided such credit shall not exceed the 1049
14831483 amount of tax imposed by this section. In no event shall the amount of 1050
14841484 tax payable under this section exceed fifteen million dollars. Such 1051
14851485 fifteen-million-dollar limit shall be reduced by the amount of (I) any 1052
14861486 taxes paid to this state pursuant to section 12-642 by the decedent or 1053
14871487 the decedent's estate for Connecticut taxable gifts made on or after 1054
14881488 January 1, 2016, and (II) any taxes paid by the decedent's spouse to this 1055
14891489 state pursuant to section 12-642 for Connecticut taxable gifts made by 1056
14901490 the decedent on or after January 1, 2016, that are includable in the 1057
14911491 gross estate of the decedent, but in no event shall the amount be 1058
14921492 reduced below zero.] 1059
14931493 (2) If real or tangible personal property of such decedent is located 1060
14941494 outside this state, the amount of tax due under this section shall be 1061
14951495 reduced by an amount computed by multiplying the tax otherwise due 1062
14961496 pursuant to subdivision (1) of this subsection, without regard to the 1063
14971497 credit allowed for any taxes paid to this state pursuant to section 12-1064
14981498 642, as amended by this act, by a fraction, (A) the numerator of which 1065
14991499 is the value of that part of the decedent's gross estate attributable to 1066
15001500 real or tangible personal property located outside of the state, and (B) 1067
15011501 the denominator of which is the value of the decedent's gross estate. 1068
15021502 (3) For a resident estate, the state shall have the power to levy the 1069
15031503 estate tax upon real property situated in this state, tangible personal 1070
15041504 property having an actual situs in this state and intangible personal 1071
15051505 Raised Bill No. 7410
15061506
15071507
15081508
15091509 LCO No. 6787 41 of 88
15101510
15111511 property included in the gross estate of the decedent, regardless of 1072
15121512 where it is located. The state is permitted to calculate the estate tax and 1073
15131513 levy said tax to the fullest extent permitted by the Constitution of the 1074
15141514 United States. 1075
15151515 (e) (1) (A) With respect to the estates of decedents who die on or 1076
15161516 after January 1, 2005, but prior to January 1, 2010, a tax is imposed 1077
15171517 upon the transfer of the estate of each person who at the time of death 1078
15181518 was a nonresident of this state. The amount of such tax shall be 1079
15191519 computed by multiplying (i) the amount of tax determined using the 1080
15201520 schedule in subsection (g) of this section by (ii) a fraction, the 1081
15211521 numerator of which is the value of that part of the decedent's gross 1082
15221522 estate over which this state has jurisdiction for estate tax purposes, and 1083
15231523 the denominator of which is the value of the decedent's gross estate. A 1084
15241524 credit shall be allowed against such tax for any taxes paid to this state 1085
15251525 pursuant to section 12-642, as amended by this act, for Connecticut 1086
15261526 taxable gifts made on or after January 1, 2005, but prior to January 1, 1087
15271527 2010. 1088
15281528 (B) With respect to the estates of decedents who die on or after 1089
15291529 January 1, 2010, but prior to January 1, 2016, a tax is imposed upon the 1090
15301530 transfer of the estate of each person who at the time of death was a 1091
15311531 nonresident of this state. The amount of such tax shall be computed by 1092
15321532 multiplying (i) the amount of tax determined using the schedule in 1093
15331533 subsection (g) of this section by (ii) a fraction, the numerator of which 1094
15341534 is the value of that part of the decedent's gross estate over which this 1095
15351535 state has jurisdiction for estate tax purposes, and the denominator of 1096
15361536 which is the value of the decedent's gross estate. A credit shall be 1097
15371537 allowed against such tax for any taxes paid to this state pursuant to 1098
15381538 section 12-642, as amended by this act, for Connecticut taxable gifts 1099
15391539 made on or after January 1, 2005, provided such credit shall not exceed 1100
15401540 the amount of tax imposed by this section. 1101
15411541 (C) With respect to the estates of decedents who die on or after 1102
15421542 January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 1103
15431543 Raised Bill No. 7410
15441544
15451545
15461546
15471547 LCO No. 6787 42 of 88
15481548
15491549 transfer of the estate of each person who at the time of death was a 1104
15501550 nonresident of this state. The amount of such tax shall be computed by 1105
15511551 multiplying (i) the amount of tax determined using the schedule in 1106
15521552 subsection (g) of this section by (ii) a fraction, the numerator of which 1107
15531553 is the value of that part of the decedent's gross estate over which this 1108
15541554 state has jurisdiction for estate tax purposes, and the denominator of 1109
15551555 which is the value of the decedent's gross estate. A credit shall be 1110
15561556 allowed against such tax for any taxes paid to this state pursuant to 1111
15571557 section 12-642, as amended by this act, for Connecticut taxable gifts 1112
15581558 made on or after January 1, 2005, provided such credit shall not exceed 1113
15591559 the amount of tax imposed by this section. In no event shall the 1114
15601560 amount of tax payable under this section exceed twenty million 1115
15611561 dollars. Such twenty-million-dollar limit shall be reduced by the 1116
15621562 amount of (I) any taxes paid to this state pursuant to section 12-642, as 1117
15631563 amended by this act, by the decedent or the decedent's estate for 1118
15641564 Connecticut taxable gifts made on or after January 1, 2016, and (II) any 1119
15651565 taxes paid by the decedent's spouse to this state pursuant to section 12-1120
15661566 642, as amended by this act, for Connecticut taxable gifts made by the 1121
15671567 decedent on or after January 1, 2016, that are includable in the gross 1122
15681568 estate of the decedent, but in no event shall the amount be reduced 1123
15691569 below zero. 1124
15701570 [(D) With respect to the estates of decedents who die on or after 1125
15711571 January 1, 2019, a tax is imposed upon the transfer of the estate of each 1126
15721572 person who at the time of death was a nonresident of this state. The 1127
15731573 amount of such tax shall be computed by multiplying the amount of 1128
15741574 tax determined using the schedule in subsection (g) of this section by a 1129
15751575 fraction, the numerator of which is the value of that part of the 1130
15761576 decedent's gross estate over which this state has jurisdiction for estate 1131
15771577 tax purposes, and the denominator of which is the value of the 1132
15781578 decedent's gross estate. A credit shall be allowed against such tax for 1133
15791579 (i) any taxes paid to this state pursuant to section 12-642 by the 1134
15801580 decedent or the decedent's estate for Connecticut taxable gifts made on 1135
15811581 or after January 1, 2005, and (ii) any taxes paid by the decedent's 1136
15821582 Raised Bill No. 7410
15831583
15841584
15851585
15861586 LCO No. 6787 43 of 88
15871587
15881588 spouse to this state pursuant to section 12-642 for Connecticut taxable 1137
15891589 gifts made by the decedent on or after January 1, 2005, that are 1138
15901590 includable in the gross estate of the decedent, provided such credit 1139
15911591 shall not exceed the amount of tax imposed by this section. In no event 1140
15921592 shall the amount of tax payable under this section exceed fifteen 1141
15931593 million dollars. Such fifteen-million-dollar limit shall be reduced by 1142
15941594 the amount of (I) any taxes paid to this state pursuant to section 12-642 1143
15951595 by the decedent or the decedent's estate for Connecticut taxable gifts 1144
15961596 made on or after January 1, 2016, and (II) any taxes paid by the 1145
15971597 decedent's spouse to this state pursuant to section 12-642 for 1146
15981598 Connecticut taxable gifts made by the decedent on or after January 1, 1147
15991599 2016, that are includable in the gross estate of the decedent, but in no 1148
16001600 event shall the amount be reduced below zero.] 1149
16011601 (2) For a nonresident estate, the state shall have the power to levy 1150
16021602 the estate tax upon all real property situated in this state and tangible 1151
16031603 personal property having an actual situs in this state. The state is 1152
16041604 permitted to calculate the estate tax and levy said tax to the fullest 1153
16051605 extent permitted by the Constitution of the United States. 1154
16061606 (f) (1) For purposes of the tax imposed under this section, the value 1155
16071607 of the Connecticut taxable estate shall be determined taking into 1156
16081608 account all of the deductions available under the Internal Revenue 1157
16091609 Code of 1986, specifically including, but not limited to, the deduction 1158
16101610 available under Section 2056(b)(7) of said code for a qualifying income 1159
16111611 interest for life in a surviving spouse. 1160
16121612 (2) An election under said Section 2056(b)(7) may be made for state 1161
16131613 estate tax purposes regardless of whether any such election is made for 1162
16141614 federal estate tax purposes. The value of the gross estate shall include 1163
16151615 the value of any property in which the decedent had a qualifying 1164
16161616 income interest for life for which an election was made under this 1165
16171617 subsection. 1166
16181618 (g) (1) With respect to the estates of decedents dying on or after 1167
16191619 Raised Bill No. 7410
16201620
16211621
16221622
16231623 LCO No. 6787 44 of 88
16241624
16251625 January 1, 2005, but prior to January 1, 2010, the tax based on the 1168
16261626 Connecticut taxable estate shall be as provided in the following 1169
16271627 schedule: 1170
16281628 T163 Amount of Connecticut
16291629 T164 Taxable Estate Rate of Tax
16301630 T165 Not over $2,000,000 None
16311631 T166 Over $2,000,000
16321632 T167 but not over $2,100,000 5.085% of the excess over $0
16331633 T168 Over $2,100,000 $106,800 plus 8% of the excess
16341634 T169 but not over $2,600,000 over $2,100,000
16351635 T170 Over $2,600,000 $146,800 plus 8.8% of the excess
16361636 T171 but not over $3,100,000 over $2,600,000
16371637 T172 Over $3,100,000 $190,800 plus 9.6% of the excess
16381638 T173 but not over $3,600,000 over $3,100,000
16391639 T174 Over $3,600,000 $238,800 plus 10.4% of the excess
16401640 T175 but not over $4,100,000 over $3,600,000
16411641 T176 Over $4,100,000 $290,800 plus 11.2% of the excess
16421642 T177 but not over $5,100,000 over $4,100,000
16431643 T178 Over $5,100,000 $402,800 plus 12% of the excess
16441644 T179 but not over $6,100,000 over $5,100,000
16451645 T180 Over $6,100,000 $522,800 plus 12.8% of the excess
16461646 T181 but not over $7,100,000 over $6,100,000
16471647 T182 Over $7,100,000 $650,800 plus 13.6% of the excess
16481648 T183 but not over $8,100,000 over $7,100,000
16491649 T184 Over $8,100,000 $786,800 plus 14.4% of the excess
16501650 T185 but not over $9,100,000 over $8,100,000
16511651 T186 Over $9,100,000 $930,800 plus 15.2% of the excess
16521652 T187 but not over $10,100,000 over $9,100,000
16531653 T188 Over $10,100,000 $1,082,800 plus 16% of the excess
16541654 T189 over $10,100,000
16551655
16561656 (2) With respect to the estates of decedents dying on or after January 1171
16571657 1, 2010, but prior to January 1, 2011, the tax based on the Connecticut 1172
16581658 Raised Bill No. 7410
16591659
16601660
16611661
16621662 LCO No. 6787 45 of 88
16631663
16641664 taxable estate shall be as provided in the following schedule: 1173
16651665 T190 Amount of Connecticut
16661666 T191 Taxable Estate Rate of Tax
16671667 T192 Not over $3,500,000 None
16681668 T193 Over $3,500,000 7.2% of the excess
16691669 T194 but not over $3,600,000 over $3,500,000
16701670 T195 Over $3,600,000 $7,200 plus 7.8% of the excess
16711671 T196 but not over $4,100,000 over $3,600,000
16721672 T197 Over $4,100,000 $46,200 plus 8.4% of the excess
16731673 T198 but not over $5,100,000 over $4,100,000
16741674 T199 Over $5,100,000 $130,200 plus 9.0% of the excess
16751675 T200 but not over $6,100,000 over $5,100,000
16761676 T201 Over $6,100,000 $220,200 plus 9.6% of the excess
16771677 T202 but not over $7,100,000 over $6,100,000
16781678 T203 Over $7,100,000 $316,200 plus 10.2% of the excess
16791679 T204 but not over $8,100,000 over $7,100,000
16801680 T205 Over $8,100,000 $418,200 plus 10.8% of the excess
16811681 T206 but not over $9,100,000 over $8,100,000
16821682 T207 Over $9,100,000 $526,200 plus 11.4% of the excess
16831683 T208 but not over $10,100,000 over $9,100,000
16841684 T209 Over $10,100,000 $640,200 plus 12% of the excess
16851685 T210 over $10,100,000
16861686
16871687 (3) With respect to the estates of decedents dying on or after January 1174
16881688 1, 2011, but prior to January 1, 2018, the tax based on the Connecticut 1175
16891689 taxable estate shall be as provided in the following schedule: 1176
16901690 T211 Amount of Connecticut
16911691 T212 Taxable Estate Rate of Tax
16921692 T213 Not over $2,000,000 None
16931693 T214 Over $2,000,000 7.2% of the excess
16941694 T215 but not over $3,600,000 over $2,000,000
16951695 T216 Over $3,600,000 $115,200 plus 7.8% of the excess
16961696 Raised Bill No. 7410
16971697
16981698
16991699
17001700 LCO No. 6787 46 of 88
17011701
17021702 T217 but not over $4,100,000 over $3,600,000
17031703 T218 Over $4,100,000 $154,200 plus 8.4% of the excess
17041704 T219 but not over $5,100,000 over $4,100,000
17051705 T220 Over $5,100,000 $238,200 plus 9.0% of the excess
17061706 T221 but not over $6,100,000 over $5,100,000
17071707 T222 Over $6,100,000 $328,200 plus 9.6% of the excess
17081708 T223 but not over $7,100,000 over $6,100,000
17091709 T224 Over $7,100,000 $424,200 plus 10.2% of the excess
17101710 T225 but not over $8,100,000 over $7,100,000
17111711 T226 Over $8,100,000 $526,200 plus 10.8% of the excess
17121712 T227 but not over $9,100,000 over $8,100,000
17131713 T228 Over $9,100,000 $634,200 plus 11.4% of the excess
17141714 T229 but not over $10,100,000 over $9,100,000
17151715 T230 Over $10,100,000 $748,200 plus 12% of the excess
17161716 T231 over $10,100,000
17171717
17181718 (4) With respect to the estates of decedents dying on or after January 1177
17191719 1, 2018, but prior to January 1, 2019, the tax based on the Connecticut 1178
17201720 taxable estate shall be as provided in the following schedule: 1179
17211721 T232 Amount of Connecticut
17221722 T233 Taxable Estate Rate of Tax
17231723 T234 Not over $2,600,000 None
17241724 T235 Over $2,600,000 7.2% of the excess
17251725 T236 but not over $3,600,000 over $2,600,000
17261726 T237 Over $3,600,000 $72,000 plus 7.8% of the excess
17271727 T238 but not over $4,100,000 over $3,600,000
17281728 T239 Over $4,100,000 $111,000 plus 8.4% of the excess
17291729 T240 but not over $5,100,000 over $4,100,000
17301730 T241 Over $5,100,000 $195,000 plus 10% of the excess
17311731 T242 but not over $6,100,000 over $5,100,000
17321732 T243 Over $6,100,000 $295,000 plus 10.4% of the excess
17331733 T244 but not over $7,100,000 over $6,100,000
17341734 T245 Over $7,100,000 $399,000 plus 10.8% of the excess
17351735 Raised Bill No. 7410
17361736
17371737
17381738
17391739 LCO No. 6787 47 of 88
17401740
17411741 T246 but not over $8,100,000 over $7,100,000
17421742 T247 Over $8,100,000 $507,000 plus 11.2% of the excess
17431743 T248 but not over $9,100,000 over $8,100,000
17441744 T249 Over $9,100,000 $619,000 plus 11.6% of the excess
17451745 T250 but not over $10,100,000 over $9,100,000
17461746 T251 Over $10,100,000 $735,000 plus 12% of the excess
17471747 T252 over $10,100,000
17481748
17491749 [(5) With respect to the estates of decedents dying on or after 1180
17501750 January 1, 2019, but prior to January 1, 2020, the tax based on the 1181
17511751 Connecticut taxable estate shall be as provided in the following 1182
17521752 schedule: 1183
17531753 T253 Amount of Connecticut
17541754 T254 Taxable Estate Rate of Tax
17551755 T255 Not over $3,600,000 None
17561756 T256 Over $3,600,000 7.8% of the excess
17571757 T257 but not over $4,100,000 over $3,600,000
17581758 T258 Over $4,100,000 $39,000 plus 8.4% of the excess
17591759 T259 but not over $5,100,000 over $4,100,000
17601760 T260 Over $5,100,000 $123,000 plus 10% of the excess
17611761 T261 but not over $6,100,000 over $5,100,000
17621762 T262 Over $6,100,000 $223,000 plus 10.4% of the excess
17631763 T263 but not over $7,100,000 over $6,100,000
17641764 T264 Over $7,100,000 $327,000 plus 10.8% of the excess
17651765 T265 but not over $8,100,000 over $7,100,000
17661766 T266 Over $8,100,000 $435,000 plus 11.2% of the excess
17671767 T267 but not over $9,100,000 over $8,100,000
17681768 T268 Over $9,100,000 $547,000 plus 11.6% of the excess
17691769 T269 but not over $10,100,000 over $9,100,000
17701770 T270 Over $10,100,000 $663,000 plus 12% of the excess
17711771 T271 over $10,100,000
17721772
17731773 (6) With respect to the estates of decedents dying on or after January 1184
17741774 Raised Bill No. 7410
17751775
17761776
17771777
17781778 LCO No. 6787 48 of 88
17791779
17801780 1, 2020, but prior to January 1, 2021, the tax based on the Connecticut 1185
17811781 taxable estate shall be as provided in the following schedule: 1186
17821782 T272 Amount of Connecticut
17831783 T273 Taxable Estate Rate of Tax
17841784 T274 Not over $5,100,000 None
17851785 T275 Over $5,100,000 10% of the excess
17861786 T276 but not over $6,100,000 over $5,100,000
17871787 T277 Over $6,100,000 $100,000 plus 10.4% of the excess
17881788 T278 but not over $7,100,000 over $6,100,000
17891789 T279 Over $7,100,000 $204,000 plus 10.8% of the excess
17901790 T280 but not over $8,100,000 over $7,100,000
17911791 T281 Over $8,100,000 $312,000 plus 11.2% of the excess
17921792 T282 but not over $9,100,000 over $8,100,000
17931793 T283 Over $9,100,000 $424,000 plus 11.6% of the excess
17941794 T284 but not over $10,100,000 over $9,100,000
17951795 T285 Over $10,100,000 $540,000 plus 12% of the excess
17961796 T286 over $10,100,000
17971797
17981798 (7) With respect to the estates of decedents dying on or after January 1187
17991799 1, 2021, but prior to January 1, 2022, the tax based on the Connecticut 1188
18001800 taxable estate shall be as provided in the following schedule: 1189
18011801 T287 Amount of Connecticut
18021802 T288 Taxable Estate Rate of Tax
18031803 T289 Not over $7,100,000 None
18041804 T290 Over $7,100,000 10.8% of the excess
18051805 T291 but not over $8,100,000 over $7,100,000
18061806 T292 Over $8,100,000 $108,000 plus 11.2% of the excess
18071807 T293 but not over $9,100,000 over $8,100,000
18081808 T294 Over $9,100,000 $220,000 plus 11.6% of the excess
18091809 T295 but not over $10,100,000 over $9,100,000
18101810 T296 Over $10,100,000 $336,000 plus 12% of the excess
18111811 T297 over $10,100,000
18121812 Raised Bill No. 7410
18131813
18141814
18151815
18161816 LCO No. 6787 49 of 88
18171817
18181818
18191819 (8) With respect to the estates of decedents dying on or after January 1190
18201820 1, 2022, but prior to January 1, 2023, the tax based on the Connecticut 1191
18211821 taxable estate shall be as provided in the following schedule: 1192
18221822 T298 Amount of Connecticut
18231823 T299 Taxable Estate Rate of Tax
18241824 T300 Not over $9,100,000 None
18251825 T301 Over $9,100,000 11.6% of the excess
18261826 T302 but not over $10,100,000 over $9,100,000
18271827 T303 Over $10,100,000 $116,000 plus 12% of the excess
18281828 T304 over $10,100,000
18291829
18301830 (9) With respect to the estates of decedents dying on or after January 1193
18311831 1, 2023, the tax based on the Connecticut taxable estate shall be as 1194
18321832 provided in the following schedule: 1195
18331833 T305 Amount of Connecticut
18341834 T306 Taxable Estate Rate of Tax
18351835 T307 Not over the None
18361836 T308 federal basic exclusion amount
18371837 T309 Over the 12% of the excess over the
18381838 T310 federal basic exclusion amount federal basic exclusion amount]
18391839
18401840 (h) (1) For the purposes of this chapter, each decedent shall be 1196
18411841 presumed to have died a resident of this state. The burden of proof in 1197
18421842 an estate tax proceeding shall be upon any decedent's estate claiming 1198
18431843 exemption by reason of the decedent's alleged nonresidency. 1199
18441844 (2) Any person required to make and file a tax return under this 1200
18451845 chapter, believing that the decedent died a nonresident of this state, 1201
18461846 may file a request for determination of domicile in writing with the 1202
18471847 Commissioner of Revenue Services, stating the specific grounds upon 1203
18481848 which the request is founded provided (A) such person has filed such 1204
18491849 return, (B) at least two hundred seventy days, but no more than three 1205
18501850 Raised Bill No. 7410
18511851
18521852
18531853
18541854 LCO No. 6787 50 of 88
18551855
18561856 years, has elapsed since the due date of such return or, if an 1206
18571857 application for extension of time to file such return has been granted, 1207
18581858 the extended due date of such return, (C) such person has not been 1208
18591859 notified, in writing, by said commissioner that a written agreement of 1209
18601860 compromise with the taxing authorities of another jurisdiction, under 1210
18611861 section 12-395a, is being negotiated, and (D) the commissioner has not 1211
18621862 previously determined whether the decedent died a resident of this 1212
18631863 state. Not later than one hundred eighty days following receipt of such 1213
18641864 request for determination, the commissioner shall determine whether 1214
18651865 such decedent died a resident or a nonresident of this state. If the 1215
18661866 commissioner commences negotiations over a written agreement of 1216
18671867 compromise with the taxing authorities of another jurisdiction after a 1217
18681868 request for determination of domicile is filed, the one-hundred-eighty-1218
18691869 day period shall be tolled for the duration of such negotiations. When, 1219
18701870 before the expiration of such one-hundred-eighty-day period, both the 1220
18711871 commissioner and the person required to make and file a tax return 1221
18721872 under this chapter have consented in writing to the making of such 1222
18731873 determination after such time, the determination may be made at any 1223
18741874 time prior to the expiration of the period agreed upon. The period so 1224
18751875 agreed upon may be extended by subsequent agreements in writing 1225
18761876 made before the expiration of the period previously agreed upon. The 1226
18771877 commissioner shall mail notice of his proposed determination to the 1227
18781878 person required to make and file a tax return under this chapter. Such 1228
18791879 notice shall set forth briefly the commissioner's findings of fact and the 1229
18801880 basis of such proposed determination. Sixty days after the date on 1230
18811881 which it is mailed, a notice of proposed determination shall constitute 1231
18821882 a final determination unless the person required to make and file a tax 1232
18831883 return under this chapter has filed, as provided in subdivision (3) of 1233
18841884 this subsection, a written protest with the Commissioner of Revenue 1234
18851885 Services. 1235
18861886 (3) On or before the sixtieth day after mailing of the proposed 1236
18871887 determination, the person required to make and file a tax return under 1237
18881888 this chapter may file with the commissioner a written protest against 1238
18891889 Raised Bill No. 7410
18901890
18911891
18921892
18931893 LCO No. 6787 51 of 88
18941894
18951895 the proposed determination in which such person shall set forth the 1239
18961896 grounds on which the protest is based. If such a protest is filed, the 1240
18971897 commissioner shall reconsider the proposed determination and, if the 1241
18981898 person required to make and file a tax return under this chapter has so 1242
18991899 requested, may grant or deny such person or the authorized 1243
19001900 representatives of such person an oral hearing. 1244
19011901 (4) Notice of the commissioner's determination shall be mailed to 1245
19021902 the person required to make and file a tax return under this chapter 1246
19031903 and such notice shall set forth briefly the commissioner's findings of 1247
19041904 fact and the basis of decision in each case decided adversely to such 1248
19051905 person. 1249
19061906 (5) The action of the commissioner on a written protest shall be final 1250
19071907 upon the expiration of one month from the date on which he mails 1251
19081908 notice of his action to the person required to make and file a tax return 1252
19091909 under this chapter unless within such period such person seeks review 1253
19101910 of the commissioner's determination pursuant to subsection (b) of 1254
19111911 section 12-395. 1255
19121912 (6) Nothing in this subsection shall be construed to relieve any 1256
19131913 person filing a request for determination of domicile of the obligation 1257
19141914 to pay the correct amount of tax on or before the due date of the tax. 1258
19151915 (i) The tax calculated pursuant to the provisions of this section shall 1259
19161916 be reduced in an amount equal to half of the amount invested by a 1260
19171917 decedent in a private investment fund or fund of funds pursuant to 1261
19181918 subdivision (43) of section 32-39, provided (1) any such reduction shall 1262
19191919 not exceed five million dollars for any such decedent, (2) any such 1263
19201920 amount invested by the decedent shall have been invested in such 1264
19211921 fund or fund of funds for ten years or more, and (3) the aggregate 1265
19221922 amount of all taxes reduced under this subsection shall not exceed 1266
19231923 thirty million dollars. 1267
19241924 Sec. 19. Section 12-392 of the general statutes is repealed and the 1268
19251925 following is substituted in lieu thereof (Effective from passage and 1269
19261926 Raised Bill No. 7410
19271927
19281928
19291929
19301930 LCO No. 6787 52 of 88
19311931
19321932 applicable to decedents dying on or after January 1, 2019): 1270
19331933 (a) (1) For the estates of decedents dying prior to July 1, 2009, the tax 1271
19341934 imposed by this chapter shall become due at the date of the taxable 1272
19351935 transfer and shall become payable, and shall be paid, without 1273
19361936 assessment, notice or demand, to the Commissioner of Revenue 1274
19371937 Services at the expiration of nine months from the date of death. For 1275
19381938 the estates of decedents dying on or after July 1, 2009, but prior to 1276
19391939 January 1, 2019, the tax imposed by this chapter shall become due at 1277
19401940 the date of the taxable transfer and shall become payable and shall be 1278
19411941 paid, without assessment, notice or demand, to the commissioner at 1279
19421942 the expiration of six months from the date of death. Executors, 1280
19431943 administrators, trustees, grantees, donees, beneficiaries and surviving 1281
19441944 joint owners shall be liable for the tax and for any interest or penalty 1282
19451945 thereon until it is paid, notwithstanding any provision of chapter 802b, 1283
19461946 except that no executor, administrator, trustee, grantee, donee, 1284
19471947 beneficiary or surviving joint owner shall be liable for a greater sum 1285
19481948 than the value of the property actually received by him or her. If the 1286
19491949 amount of tax reported to be due on the return is not paid, for the 1287
19501950 estates of decedents dying prior to July 1, 2009, within such nine 1288
19511951 months, or for the estates of decedents dying on or after July 1, 2009, 1289
19521952 but prior to January 1, 2019, within such six months, there shall be 1290
19531953 imposed a penalty equal to ten per cent of such amount due and 1291
19541954 unpaid, or fifty dollars, whichever is greater. Such amount shall bear 1292
19551955 interest at the rate of one per cent per month or fraction thereof from 1293
19561956 the due date of such tax until the date of payment. Subject to the 1294
19571957 provisions of section 12-3a, the commissioner may waive all or part of 1295
19581958 the penalties provided under this chapter when it is proven to the 1296
19591959 commissioner's satisfaction that the failure to pay any tax was due to 1297
19601960 reasonable cause and was not intentional or due to neglect. 1298
19611961 (2) The Commissioner of Revenue Services may, for reasonable 1299
19621962 cause shown, extend the time for payment. The commissioner may 1300
19631963 require the filing of a tentative return and the payment of the tax 1301
19641964 reported to be due thereon in connection with such extension. Any 1302
19651965 Raised Bill No. 7410
19661966
19671967
19681968
19691969 LCO No. 6787 53 of 88
19701970
19711971 additional tax which may be found to be due on the filing of a return 1303
19721972 as allowed by such extension shall bear interest at the rate of one per 1304
19731973 cent per month or fraction thereof from the original due date of such 1305
19741974 tax to the date of actual payment. 1306
19751975 (3) (A) Whenever there is a claimed overpayment of the tax imposed 1307
19761976 by this chapter, the Commissioner of Revenue Services shall return to 1308
19771977 the fiduciary or transferee the overpayment [which] that shall bear 1309
19781978 interest at the rate of two-thirds of one per cent per month or fraction 1310
19791979 thereof, such interest commencing, for the estates of decedents dying 1311
19801980 prior to July 1, 2009, from the expiration of nine months after the death 1312
19811981 of the transferor or date of payment, whichever is later, or, for the 1313
19821982 estates of decedents dying on or after July 1, 2009, but prior to January 1314
19831983 1, 2019, from the expiration of six months after the death of the 1315
19841984 transferor or date of payment, whichever is later, as provided in 1316
19851985 subparagraphs (B) and (C) of this subdivision. 1317
19861986 (B) In case of such overpayment pursuant to a tax return, no interest 1318
19871987 shall be allowed or paid under this subdivision on such overpayment 1319
19881988 for any month or fraction thereof prior to (i) the ninety-first day after 1320
19891989 the last day prescribed for filing the tax return associated with such 1321
19901990 overpayment, determined without regard to any extension of time for 1322
19911991 filing, or (ii) the ninety-first day after the date such return was filed, 1323
19921992 whichever is later. 1324
19931993 (C) In case of such overpayment pursuant to an amended tax return, 1325
19941994 no interest shall be allowed or paid under this subdivision on such 1326
19951995 overpayment for any month or fraction thereof prior to the ninety-first 1327
19961996 day after the date such amended tax return was filed. 1328
19971997 (b) (1) The tax imposed by this chapter shall be reported on a tax 1329
19981998 return which shall be filed on or before the date fixed for paying the 1330
19991999 tax, determined without regard to any extension of time for paying the 1331
20002000 tax. The commissioner shall design a form of return and forms for such 1332
20012001 additional statements or schedules as the commissioner may require to 1333
20022002 Raised Bill No. 7410
20032003
20042004
20052005
20062006 LCO No. 6787 54 of 88
20072007
20082008 be filed. Such forms shall provide for the setting forth of such facts as 1334
20092009 the commissioner deems necessary for the proper enforcement of this 1335
20102010 chapter. The commissioner shall furnish appropriate forms to each 1336
20112011 taxpayer upon application or otherwise as the commissioner deems 1337
20122012 necessary. Failure to receive a form shall not relieve any person from 1338
20132013 the obligation to file a return under the provisions of this chapter. In 1339
20142014 any case in which the commissioner believes that it would be 1340
20152015 advantageous to him or her in the administration of the tax imposed 1341
20162016 by this chapter, the commissioner may require that a true copy of the 1342
20172017 federal estate tax return made to the Internal Revenue Service be 1343
20182018 provided. 1344
20192019 (2) Any tax return or other document, including any amended tax 1345
20202020 return under section 12-398, that is required to be filed under this 1346
20212021 chapter shall be filed, and shall be treated as filed, only if filed with (A) 1347
20222022 the Commissioner of Revenue Services, if required under subdivision 1348
20232023 (3) of this subsection, and (B) (i) the court of probate for the district 1349
20242024 within which the decedent resided at the date of his or her death, or, 1350
20252025 (ii) if the decedent died a nonresident of this state, in the court of 1351
20262026 probate for the district within which real estate or tangible personal 1352
20272027 property of the decedent is situated. The return shall contain a 1353
20282028 statement, to be signed under penalty of false statement by the person 1354
20292029 who is required to make and file the return under this chapter, that the 1355
20302030 return has been filed with the Commissioner of Revenue Services, if 1356
20312031 required under subdivision (3) of this subsection, and the appropriate 1357
20322032 court of probate. 1358
20332033 (3) (A) A tax return shall be filed, in the case of every decedent who 1359
20342034 died prior to January 1, 2005, and at the time of death was (i) a resident 1360
20352035 of this state, or (ii) a nonresident of this state whose gross estate 1361
20362036 includes any real property situated in this state or tangible personal 1362
20372037 property having an actual situs in this state, whenever the personal 1363
20382038 representative of the estate is required by the laws of the United States 1364
20392039 to file a federal estate tax return. 1365
20402040 Raised Bill No. 7410
20412041
20422042
20432043
20442044 LCO No. 6787 55 of 88
20452045
20462046 (B) A tax return shall be filed, in the case of every decedent who dies 1366
20472047 on or after January 1, 2005, but prior to January 1, 2010, and at the time 1367
20482048 of death was (i) a resident of this state, or (ii) a nonresident of this state 1368
20492049 whose gross estate includes any real property situated in this state or 1369
20502050 tangible personal property having an actual situs in this state. If the 1370
20512051 decedent's Connecticut taxable estate is over two million dollars, such 1371
20522052 tax return shall be filed with the Commissioner of Revenue Services 1372
20532053 and a copy of such return shall be filed with the court of probate for 1373
20542054 the district within which the decedent resided at the date of his or her 1374
20552055 death or, if the decedent died a nonresident of this state, the court of 1375
20562056 probate for the district within which such real property or tangible 1376
20572057 personal property is situated. If the decedent's Connecticut taxable 1377
20582058 estate is two million dollars or less, such return shall be filed with the 1378
20592059 court of probate for the district within which the decedent resided at 1379
20602060 the date of his or her death or, if the decedent died a nonresident of 1380
20612061 this state, the court of probate for the district within which such real 1381
20622062 property or tangible personal property is situated, and no such return 1382
20632063 shall be filed with the Commissioner of Revenue Services. The judge of 1383
20642064 probate for the district in which such return is filed shall review each 1384
20652065 such return and shall issue a written opinion to the estate 1385
20662066 representative in each case in which the judge determines that the 1386
20672067 estate is not subject to tax under this chapter. 1387
20682068 (C) A tax return shall be filed, in the case of every decedent who 1388
20692069 dies on or after January 1, 2010, but prior to January 1, 2011, and at the 1389
20702070 time of death was (i) a resident of this state, or (ii) a nonresident of this 1390
20712071 state whose gross estate includes any real property situated in this 1391
20722072 state or tangible personal property having an actual situs in this state. 1392
20732073 If the decedent's Connecticut taxable estate is over three million five 1393
20742074 hundred thousand dollars, such tax return shall be filed with the 1394
20752075 Commissioner of Revenue Services and a copy of such return shall be 1395
20762076 filed with the court of probate for the district within which the 1396
20772077 decedent resided at the date of his or her death or, if the decedent died 1397
20782078 a nonresident of this state, the court of probate for the district within 1398
20792079 Raised Bill No. 7410
20802080
20812081
20822082
20832083 LCO No. 6787 56 of 88
20842084
20852085 which such real property or tangible personal property is situated. If 1399
20862086 the decedent's Connecticut taxable estate is three million five hundred 1400
20872087 thousand dollars or less, such return shall be filed with the court of 1401
20882088 probate for the district within which the decedent resided at the date 1402
20892089 of his or her death or, if the decedent died a nonresident of this state, 1403
20902090 the court of probate for the district within which such real property or 1404
20912091 tangible personal property is situated, and no such return shall be filed 1405
20922092 with the Commissioner of Revenue Services. The judge of probate for 1406
20932093 the district in which such return is filed shall review each such return 1407
20942094 and shall issue a written opinion to the estate representative in each 1408
20952095 case in which the judge determines that the estate is not subject to tax 1409
20962096 under this chapter. 1410
20972097 (D) A tax return shall be filed, in the case of every decedent who 1411
20982098 dies on or after January 1, 2011, but prior to January 1, 2018, and at the 1412
20992099 time of death was (i) a resident of this state, or (ii) a nonresident of this 1413
21002100 state whose gross estate includes any real property situated in this 1414
21012101 state or tangible personal property having an actual situs in this state. 1415
21022102 If the decedent's Connecticut taxable estate is over two million dollars, 1416
21032103 such tax return shall be filed with the Commissioner of Revenue 1417
21042104 Services and a copy of such return shall be filed with the court of 1418
21052105 probate for the district within which the decedent resided at the date 1419
21062106 of his or her death or, if the decedent died a nonresident of this state, 1420
21072107 the court of probate for the district within which such real property or 1421
21082108 tangible personal property is situated. If the decedent's Connecticut 1422
21092109 taxable estate is two million dollars or less, such return shall be filed 1423
21102110 with the court of probate for the district within which the decedent 1424
21112111 resided at the date of his or her death or, if the decedent died a 1425
21122112 nonresident of this state, the court of probate for the district within 1426
21132113 which such real property or tangible personal property is situated, and 1427
21142114 no such return shall be filed with the Commissioner of Revenue 1428
21152115 Services. The judge of probate for the district in which such return is 1429
21162116 filed shall review each such return and shall issue a written opinion to 1430
21172117 the estate representative in each case in which the judge determines 1431
21182118 Raised Bill No. 7410
21192119
21202120
21212121
21222122 LCO No. 6787 57 of 88
21232123
21242124 that the estate is not subject to tax under this chapter. 1432
21252125 (E) A tax return shall be filed, in the case of every decedent who dies 1433
21262126 on or after January 1, 2018, but prior to January 1, 2019, and at the time 1434
21272127 of death was (i) a resident of this state, or (ii) a nonresident of this state 1435
21282128 whose gross estate includes any real property situated in this state or 1436
21292129 tangible personal property having an actual situs in this state. If the 1437
21302130 decedent's Connecticut taxable estate is over two million six hundred 1438
21312131 thousand dollars, such tax return shall be filed with the Commissioner 1439
21322132 of Revenue Services and a copy of such return shall be filed with the 1440
21332133 court of probate for the district within which the decedent resided at 1441
21342134 the date of his or her death or, if the decedent died a nonresident of 1442
21352135 this state, the court of probate for the district within which such real 1443
21362136 property or tangible personal property is situated. If the decedent's 1444
21372137 Connecticut taxable estate is two million six hundred thousand dollars 1445
21382138 or less, such return shall be filed with the court of probate for the 1446
21392139 district within which the decedent resided at the date of his or her 1447
21402140 death or, if the decedent died a nonresident of this state, the court of 1448
21412141 probate for the district within which such real property or tangible 1449
21422142 personal property is situated, and no such return shall be filed with the 1450
21432143 Commissioner of Revenue Services. The judge of probate for the 1451
21442144 district in which such return is filed shall review each such return and 1452
21452145 shall issue a written opinion to the estate representative in each case in 1453
21462146 which the judge determines that the estate is not subject to tax under 1454
21472147 this chapter. 1455
21482148 [(F) A tax return shall be filed, in the case of every decedent who 1456
21492149 dies on or after January 1, 2019, but prior to January 1, 2020, and at the 1457
21502150 time of death was (i) a resident of this state, or (ii) a nonresident of this 1458
21512151 state whose gross estate includes any real property situated in this 1459
21522152 state or tangible personal property having an actual situs in this state. 1460
21532153 If the decedent's Connecticut taxable estate is over three million six 1461
21542154 hundred thousand dollars, such tax return shall be filed with the 1462
21552155 Commissioner of Revenue Services and a copy of such return shall be 1463
21562156 filed with the court of probate for the district within which the 1464
21572157 Raised Bill No. 7410
21582158
21592159
21602160
21612161 LCO No. 6787 58 of 88
21622162
21632163 decedent resided at the date of his or her death or, if the decedent died 1465
21642164 a nonresident of this state, the court of probate for the district within 1466
21652165 which such real property or tangible personal property is situated. If 1467
21662166 the decedent's Connecticut taxable estate is three million six hundred 1468
21672167 thousand dollars or less, such return shall be filed with the court of 1469
21682168 probate for the district within which the decedent resided at the date 1470
21692169 of his or her death or, if the decedent died a nonresident of this state, 1471
21702170 the court of probate for the district within which such real property or 1472
21712171 tangible personal property is situated, and no such return shall be filed 1473
21722172 with the Commissioner of Revenue Services. The judge of probate for 1474
21732173 the district in which such return is filed shall review each such return 1475
21742174 and shall issue a written opinion to the estate representative in each 1476
21752175 case in which the judge determines that the estate is not subject to tax 1477
21762176 under this chapter. 1478
21772177 (G) A tax return shall be filed, in the case of every decedent who 1479
21782178 dies on or after January 1, 2020, but prior to January 1, 2021, and at the 1480
21792179 time of death was (i) a resident of this state, or (ii) a nonresident of this 1481
21802180 state whose gross estate includes any real property situated in this 1482
21812181 state or tangible personal property having an actual situs in this state. 1483
21822182 If the decedent's Connecticut taxable estate is over five million one 1484
21832183 hundred thousand dollars, such tax return shall be filed with the 1485
21842184 Commissioner of Revenue Services and a copy of such return shall be 1486
21852185 filed with the court of probate for the district within which the 1487
21862186 decedent resided at the date of his or her death or, if the decedent died 1488
21872187 a nonresident of this state, the court of probate for the district within 1489
21882188 which such real property or tangible personal property is situated. If 1490
21892189 the decedent's Connecticut taxable estate is five million one hundred 1491
21902190 thousand dollars or less, such return shall be filed with the court of 1492
21912191 probate for the district within which the decedent resided at the date 1493
21922192 of his or her death or, if the decedent died a nonresident of this state, 1494
21932193 the court of probate for the district within which such real property or 1495
21942194 tangible personal property is situated, and no such return shall be filed 1496
21952195 with the Commissioner of Revenue Services. The judge of probate for 1497
21962196 Raised Bill No. 7410
21972197
21982198
21992199
22002200 LCO No. 6787 59 of 88
22012201
22022202 the district in which such return is filed shall review each such return 1498
22032203 and shall issue a written opinion to the estate representative in each 1499
22042204 case in which the judge determines that the estate is not subject to tax 1500
22052205 under this chapter. 1501
22062206 (H) A tax return shall be filed, in the case of every decedent who 1502
22072207 dies on or after January 1, 2021, but prior to January 1, 2022, and at the 1503
22082208 time of death was (i) a resident of this state, or (ii) a nonresident of this 1504
22092209 state whose gross estate includes any real property situated in this 1505
22102210 state or tangible personal property having an actual situs in this state. 1506
22112211 If the decedent's Connecticut taxable estate is over seven million one 1507
22122212 hundred thousand dollars, such tax return shall be filed with the 1508
22132213 Commissioner of Revenue Services and a copy of such return shall be 1509
22142214 filed with the court of probate for the district within which the 1510
22152215 decedent resided at the date of his or her death or, if the decedent died 1511
22162216 a nonresident of this state, the court of probate for the district within 1512
22172217 which such real property or tangible personal property is situated. If 1513
22182218 the decedent's Connecticut taxable estate is seven million one hundred 1514
22192219 thousand dollars or less, such return shall be filed with the court of 1515
22202220 probate for the district within which the decedent resided at the date 1516
22212221 of his or her death or, if the decedent died a nonresident of this state, 1517
22222222 the court of probate for the district within which such real property or 1518
22232223 tangible personal property is situated, and no such return shall be filed 1519
22242224 with the Commissioner of Revenue Services. The judge of probate for 1520
22252225 the district in which such return is filed shall review each such return 1521
22262226 and shall issue a written opinion to the estate representative in each 1522
22272227 case in which the judge determines that the estate is not subject to tax 1523
22282228 under this chapter. 1524
22292229 (I) A tax return shall be filed, in the case of every decedent who dies 1525
22302230 on or after January 1, 2022, but prior to January 1, 2023, and at the time 1526
22312231 of death was (i) a resident of this state, or (ii) a nonresident of this state 1527
22322232 whose gross estate includes any real property situated in this state or 1528
22332233 tangible personal property having an actual situs in this state. If the 1529
22342234 decedent's Connecticut taxable estate is over nine million one hundred 1530
22352235 Raised Bill No. 7410
22362236
22372237
22382238
22392239 LCO No. 6787 60 of 88
22402240
22412241 thousand dollars, such tax return shall be filed with the Commissioner 1531
22422242 of Revenue Services and a copy of such return shall be filed with the 1532
22432243 court of probate for the district within which the decedent resided at 1533
22442244 the date of his or her death or, if the decedent died a nonresident of 1534
22452245 this state, the court of probate for the district within which such real 1535
22462246 property or tangible personal property is situated. If the decedent's 1536
22472247 Connecticut taxable estate is nine million one hundred thousand 1537
22482248 dollars or less, such return shall be filed with the court of probate for 1538
22492249 the district within which the decedent resided at the date of his or her 1539
22502250 death or, if the decedent died a nonresident of this state, the court of 1540
22512251 probate for the district within which such real property or tangible 1541
22522252 personal property is situated, and no such return shall be filed with the 1542
22532253 Commissioner of Revenue Services. The judge of probate for the 1543
22542254 district in which such return is filed shall review each such return and 1544
22552255 shall issue a written opinion to the estate representative in each case in 1545
22562256 which the judge determines that the estate is not subject to tax under 1546
22572257 this chapter. 1547
22582258 (J) A tax return shall be filed, in the case of every decedent who dies 1548
22592259 on or after January 1, 2023, and at the time of death was (i) a resident 1549
22602260 of this state, or (ii) a nonresident of this state whose gross estate 1550
22612261 includes any real property situated in this state or tangible personal 1551
22622262 property having an actual situs in this state. If the decedent's 1552
22632263 Connecticut taxable estate is over five million four hundred ninety 1553
22642264 thousand dollars, such tax return shall be filed with the Commissioner 1554
22652265 of Revenue Services and a copy of such return shall be filed with the 1555
22662266 court of probate for the district within which the decedent resided at 1556
22672267 the date of his or her death or, if the decedent died a nonresident of 1557
22682268 this state, the court of probate for the district within which such real 1558
22692269 property or tangible personal property is situated. If the decedent's 1559
22702270 Connecticut taxable estate is equal to or less than five million four 1560
22712271 hundred ninety thousand dollars, such return shall be filed with the 1561
22722272 court of probate for the district within which the decedent resided at 1562
22732273 the date of his or her death or, if the decedent died a nonresident of 1563
22742274 Raised Bill No. 7410
22752275
22762276
22772277
22782278 LCO No. 6787 61 of 88
22792279
22802280 this state, the court of probate for the district within which such real 1564
22812281 property or tangible personal property is situated, and no such return 1565
22822282 shall be filed with the Commissioner of Revenue Services. The judge of 1566
22832283 probate for the district in which such return is filed shall review each 1567
22842284 such return and shall issue a written opinion to the estate 1568
22852285 representative in each case in which the judge determines that the 1569
22862286 estate is not subject to tax under this chapter.] 1570
22872287 (4) The duly authorized executor or administrator shall file the 1571
22882288 return. If there is more than one executor or administrator, the return 1572
22892289 shall be made jointly by all. If there is no executor or administrator 1573
22902290 appointed, qualified and acting, each person in actual or constructive 1574
22912291 possession of any property of the decedent is constituted an executor 1575
22922292 for purposes of the tax and shall make and file a return. If in any case 1576
22932293 the executor is unable to make a complete return as to any part of the 1577
22942294 gross estate, the executor shall provide all the information available to 1578
22952295 him or her with respect to such property, including a full description, 1579
22962296 and the name of every person holding a legal or beneficial interest in 1580
22972297 the property. If the executor is unable to make a return as to any 1581
22982298 property, each person holding a legal or equitable interest in such 1582
22992299 property shall, upon notice from the commissioner, make a return as to 1583
23002300 that part of the gross estate. 1584
23012301 (5) On or before the last day of the month next succeeding each 1585
23022302 calendar quarter, and commencing with the calendar quarter ending 1586
23032303 September 30, 2005, each court of probate shall file with the 1587
23042304 commissioner a report for the calendar quarter in such form as the 1588
23052305 commissioner may prescribe. The report shall pertain to returns filed 1589
23062306 with the court of probate during the calendar quarter. 1590
23072307 (6) The Commissioner of Revenue Services may, for reasonable 1591
23082308 cause shown, extend the time for filing the return. 1592
23092309 (7) If any person required to make and file the tax return under this 1593
23102310 chapter fails to file the return within the time prescribed, the 1594
23112311 Raised Bill No. 7410
23122312
23132313
23142314
23152315 LCO No. 6787 62 of 88
23162316
23172317 commissioner may assess and compute the tax upon the best 1595
23182318 information obtainable. To the tax imposed upon the basis of such 1596
23192319 return, there shall be added an amount equal to ten per cent of such 1597
23202320 tax or fifty dollars, whichever is greater. The tax shall bear interest at 1598
23212321 the rate of one per cent per month or fraction thereof from the due date 1599
23222322 of such tax until the date of payment. 1600
23232323 (8) The commissioner shall provide notice of any (A) deficiency 1601
23242324 assessment with respect to the payment of any tax under this chapter, 1602
23252325 (B) assessment with respect to any failure to make and file a return 1603
23262326 under this chapter by a person required to file, and (C) tax return or 1604
23272327 other document, including any amended tax return under section 12-1605
23282328 398 that is required to be filed under this chapter to the court of 1606
23292329 probate for the district within which the commissioner contends that 1607
23302330 the decedent resided at the date of his or her death or, if the decedent 1608
23312331 died a nonresident of this state, to the court of probate for the district 1609
23322332 within which the commissioner contends that real estate or tangible 1610
23332333 personal property of the decedent is situated. 1611
23342334 (c) No person shall be subject to a penalty under both subsections 1612
23352335 (a) and (b) of this section in relation to the same tax period. 1613
23362336 Sec. 20. Subsection (b) of section 45a-107 of the general statutes is 1614
23372337 repealed and the following is substituted in lieu thereof (Effective from 1615
23382338 passage): 1616
23392339 (b) In the case of a decedent who dies on or after July 1, 2016, and 1617
23402340 prior to January 1, 2019, fees shall be computed as follows: 1618
23412341 (1) The basis for fees shall be (A) the greatest of (i) the gross estate 1619
23422342 for succession tax purposes, as provided in section 12-349, (ii) the 1620
23432343 inventory, including all supplements thereto, (iii) the Connecticut 1621
23442344 taxable estate, as defined in section 12-391, as amended by this act, or 1622
23452345 (iv) the gross estate for estate tax purposes, as provided in chapters 217 1623
23462346 and 218, except as provided in subdivisions (5) and (6) of this 1624
23472347 subsection, plus (B) all damages recovered for injuries resulting in 1625
23482348 Raised Bill No. 7410
23492349
23502350
23512351
23522352 LCO No. 6787 63 of 88
23532353
23542354 death, minus any hospital and medical expenses for treatment of such 1626
23552355 injuries resulting in death, minus any hospital and medical expenses 1627
23562356 for treatment of such injuries that are not reimbursable by medical 1628
23572357 insurance, and minus the attorney's fees and other costs and expenses 1629
23582358 of recovering such damages. Any portion of the basis for fees that is 1630
23592359 determined by property passing to the surviving spouse shall be 1631
23602360 reduced by fifty per cent. Except as provided in subdivisions (3) and 1632
23612361 (4) of this subsection, in no case shall the minimum fee be less than 1633
23622362 twenty-five dollars. 1634
23632363 (2) Except as provided in subdivisions (3) and (4) of this subsection, 1635
23642364 fees shall be assessed in accordance with the following table: 1636
23652365 T311 Basis for Computation Total Fee
23662366 T312 Of Fees
23672367 T313 0 to $500 $25
23682368 T314 $501 to $1,000 $50
23692369 T315 $1,000 to $10,000 $50, plus 1% of all
23702370 T316 in excess of $1,000
23712371 T317 $10,000 to $500,000 $150, plus .35% of all
23722372 T318 in excess of $10,000
23732373 T319 $500,000 to $2,000,000 $1,865, plus .25% of all
23742374 T320 in excess of $500,000
23752375 T321 $2,000,000 to $8,877,000 $5,615, plus .5% of all
23762376 T322 in excess of $2,000,000
23772377 T323 $8,877,000 and over $40,000
23782378
23792379 (3) Notwithstanding the provisions of subdivision (1) of this 1637
23802380 subsection, if the basis for fees is less than ten thousand dollars and a 1638
23812381 full estate is opened, the minimum fee shall be one hundred fifty 1639
23822382 dollars. 1640
23832383 (4) In any matter in which the Commissioner of Administrative 1641
23842384 Services is the legal representative of the estate pursuant to section 4a-1642
23852385 16, the fee shall be the lesser of (A) the amount calculated under 1643
23862386 Raised Bill No. 7410
23872387
23882388
23892389
23902390 LCO No. 6787 64 of 88
23912391
23922392 subdivisions (1) and (2) of this subsection, or (B) the amount collected 1644
23932393 by the Commissioner of Administrative Services after paying the 1645
23942394 expense of funeral and burial in accordance with section 17b-84. 1646
23952395 (5) In the case of a deceased person who was domiciled in this state 1647
23962396 on the date of his or her death, the gross estate for estate tax purposes 1648
23972397 shall, for the purpose of determining the basis for fees pursuant to 1649
23982398 subdivision (1) of this subsection, be reduced by the fair market value 1650
23992399 of any real property or tangible personal property of the deceased 1651
24002400 person situated outside of this state. 1652
24012401 (6) In the case of a deceased person who was not domiciled in this 1653
24022402 state on the date of his or her death but who owned real property or 1654
24032403 tangible personal property situated in this state on the date of his or 1655
24042404 her death, only the fair market value of such real property or tangible 1656
24052405 personal property situated in this state shall be included in the basis 1657
24062406 for fees pursuant to subdivision (1) of this subsection. 1658
24072407 Sec. 21. Subdivision (79) of section 12-81 of the general statutes is 1659
24082408 repealed and the following is substituted in lieu thereof (Effective 1660
24092409 October 1, 2019, and applicable to assessment years commencing on or after 1661
24102410 October 1, 2019): 1662
24112411 (79) Tangible personal property with an original value of [not more 1663
24122412 than two hundred fifty] less than twenty-five thousand dollars that is 1664
24132413 owned by a business organization. [, provided this exemption shall not 1665
24142414 apply for the first ten full assessment years following the assessment 1666
24152415 year in which the property was acquired.] 1667
24162416 Sec. 22. Subsection (b) of section 12-284b of the general statutes is 1668
24172417 repealed and the following is substituted in lieu thereof (Effective from 1669
24182418 passage and applicable to taxable years commencing on or after January 1, 1670
24192419 2019): 1671
24202420 (b) Each limited liability company, limited liability partnership, 1672
24212421 limited partnership and S corporation shall be liable for the tax 1673
24222422 Raised Bill No. 7410
24232423
24242424
24252425
24262426 LCO No. 6787 65 of 88
24272427
24282428 imposed by this section for each taxable year or portion thereof that 1674
24292429 such company, partnership or corporation is an affected business 1675
24302430 entity. For taxable years commencing prior to January 1, 2013, each 1676
24312431 affected business entity shall annually, on or before the fifteenth day of 1677
24322432 the fourth month following the close of its taxable year, pay to the 1678
24332433 Commissioner of Revenue Services a tax in the amount of two 1679
24342434 hundred fifty dollars. For taxable years commencing on or after 1680
24352435 January 1, 2013, but prior to January 1, 2019, each affected business 1681
24362436 entity shall, on or before the fifteenth day of the fourth month 1682
24372437 following the close of every other taxable year, pay to the 1683
24382438 Commissioner of Revenue Services a tax in the amount of two 1684
24392439 hundred fifty dollars. 1685
24402440 Sec. 23. Subdivision (2) of subsection (e) of section 12-217jj of the 1686
24412441 general statutes is repealed and the following is substituted in lieu 1687
24422442 thereof (Effective from passage and applicable to taxable years commencing 1688
24432443 on or after January 1, 2019): 1689
24442444 (2) Notwithstanding the provisions of subdivision (1) of this 1690
24452445 subsection, any entity that is not subject to tax under this chapter or 1691
24462446 chapter 207 shall not be subject to the limitations on the transfer of 1692
24472447 credits provided in subparagraphs (B) and (C) of said subdivision (1), 1693
24482448 provided such entity owns not less than fifty per cent, directly or 1694
24492449 indirectly, of a business entity, [subject to tax under] as defined in 1695
24502450 section 12-284b, as amended by this act. 1696
24512451 Sec. 24. Subsection (a) of section 12-217zz of the general statutes is 1697
24522452 repealed and the following is substituted in lieu thereof (Effective from 1698
24532453 passage and applicable to income years commencing on or after January 1, 1699
24542454 2019): 1700
24552455 (a) Notwithstanding any other provision of law, and except as 1701
24562456 otherwise provided in subsection (b) of this section and sections 12-1702
24572457 217aaa and 12-217bbb, the amount of tax credit or credits otherwise 1703
24582458 allowable against the tax imposed under this chapter shall be as 1704
24592459 Raised Bill No. 7410
24602460
24612461
24622462
24632463 LCO No. 6787 66 of 88
24642464
24652465 follows: 1705
24662466 (1) For any income year commencing on or after January 1, 2002, 1706
24672467 and prior to January 1, 2015, the amount of tax credit or credits 1707
24682468 otherwise allowable shall not exceed seventy per cent of the amount of 1708
24692469 tax due from such taxpayer under this chapter with respect to any such 1709
24702470 income year of the taxpayer prior to the application of such credit or 1710
24712471 credits; 1711
24722472 (2) For any income year commencing on or after January 1, 2015, the 1712
24732473 amount of tax credit or credits otherwise allowable shall not exceed 1713
24742474 fifty and one one-hundredths per cent of the amount of tax due from 1714
24752475 such taxpayer under this chapter with respect to any such income year 1715
24762476 of the taxpayer prior to the application of such credit or credits; 1716
24772477 (3) Notwithstanding the provisions of subdivision (2) of this 1717
24782478 subsection, any taxpayer that possesses excess credits may utilize the 1718
24792479 excess credits as follows: 1719
24802480 (A) For income years commencing on or after January 1, 2016, and 1720
24812481 prior to January 1, 2017, the aggregate amount of tax credits and excess 1721
24822482 credits allowable shall not exceed fifty-five per cent of the amount of 1722
24832483 tax due from such taxpayer under this chapter with respect to any such 1723
24842484 income year of the taxpayer prior to the application of such credit or 1724
24852485 credits; 1725
24862486 (B) For income years commencing on or after January 1, 2017, and 1726
24872487 prior to January 1, 2018, the aggregate amount of tax credits and excess 1727
24882488 credits allowable shall not exceed sixty per cent of the amount of tax 1728
24892489 due from such taxpayer under this chapter with respect to any such 1729
24902490 income year of the taxpayer prior to the application of such credit or 1730
24912491 credits; and 1731
24922492 (C) For income years commencing on or after January 1, 2018, and 1732
24932493 prior to January 1, 2019, the aggregate amount of tax credits and excess 1733
24942494 credits allowable shall not exceed sixty-five per cent of the amount of 1734
24952495 Raised Bill No. 7410
24962496
24972497
24982498
24992499 LCO No. 6787 67 of 88
25002500
25012501 tax due from such taxpayer under this chapter with respect to any such 1735
25022502 income year of the taxpayer prior to the application of such credit or 1736
25032503 credits; 1737
25042504 [(D) For income years commencing on or after January 1, 2019, the 1738
25052505 aggregate amount of tax credits and excess credits allowable shall not 1739
25062506 exceed seventy per cent of the amount of tax due from such taxpayer 1740
25072507 under this chapter with respect to any such income year of the 1741
25082508 taxpayer prior to the application of such credit or credits;] 1742
25092509 (4) For purposes of this subsection, "excess credits" means any 1743
25102510 remaining credits available under section 12-217j, 12-217n or 32-9t after 1744
25112511 tax credits are utilized in accordance with subdivision (2) of this 1745
25122512 subsection. 1746
25132513 Sec. 25. (NEW) (Effective from passage and applicable to quarterly periods 1747
25142514 commencing on or after July 1, 2019) Notwithstanding any provision of 1748
25152515 the general statutes allowing for a higher amount, for any quarterly 1749
25162516 periods commencing on or after July 1, 2019, the amount of tax credit 1750
25172517 or credits allowable against the tax imposed under chapter 211 of the 1751
25182518 general statutes, shall not exceed fifty and one one-hundredths per 1752
25192519 cent of the amount of tax due from a taxpayer under such chapter with 1753
25202520 respect to any such quarterly period of the taxpayer prior to the 1754
25212521 application of such credit or credits. 1755
25222522 Sec. 26. (NEW) (Effective from passage and applicable to quarterly periods 1756
25232523 commencing on or after July 1, 2019) Notwithstanding any provision of 1757
25242524 the general statutes allowing for a higher amount, for any quarterly 1758
25252525 periods commencing on or after July 1, 2019, the amount of tax credit 1759
25262526 or credits allowable against the tax imposed under chapter 212 of the 1760
25272527 general statutes, shall not exceed fifty and one one-hundredths per 1761
25282528 cent of the amount of tax due from a taxpayer under such chapter with 1762
25292529 respect to any such quarterly period of the taxpayer prior to the 1763
25302530 application of such credit or credits. 1764
25312531 Sec. 27. (NEW) (Effective from passage and applicable to quarterly periods 1765
25322532 Raised Bill No. 7410
25332533
25342534
25352535
25362536 LCO No. 6787 68 of 88
25372537
25382538 commencing on or after July 1, 2019) Notwithstanding any provision of 1766
25392539 the general statutes allowing for a higher amount, for any quarterly 1767
25402540 periods commencing on or after July 1, 2019, the amount of tax credit 1768
25412541 or credits allowable against the tax imposed under chapter 227 of the 1769
25422542 general statutes, shall not exceed fifty and one one-hundredths per 1770
25432543 cent of the amount of tax due from a taxpayer under such chapter with 1771
25442544 respect to any such quarterly period of the taxpayer prior to the 1772
25452545 application of such credit or credits. 1773
25462546 Sec. 28. Subsection (a) of section 12-217 of the general statutes is 1774
25472547 repealed and the following is substituted in lieu thereof (Effective July 1775
25482548 1, 2019): 1776
25492549 (a) (1) In arriving at net income as defined in section 12-213, whether 1777
25502550 or not the taxpayer is taxable under the federal corporation net income 1778
25512551 tax, there shall be deducted from gross income: [,] 1779
25522552 (A) [all] All items deductible under the Internal Revenue Code 1780
25532553 effective and in force on the last day of the income year, except (i) any 1781
25542554 taxes imposed under the provisions of this chapter [which] that are 1782
25552555 paid or accrued in the income year and in the income year 1783
25562556 commencing January 1, 1989, and thereafter, any taxes in any state of 1784
25572557 the United States or any political subdivision of such state, or the 1785
25582558 District of Columbia, imposed on or measured by the income or profits 1786
25592559 of a corporation [which] that are paid or accrued in the income year, 1787
25602560 (ii) deductions for depreciation, which shall be allowed as provided in 1788
25612561 subsection (b) of this section, (iii) deductions for qualified domestic 1789
25622562 production activities income, as provided in Section 199 of the Internal 1790
25632563 Revenue Code, and (iv) in the case of any captive real estate 1791
25642564 investment trust, the deduction for dividends paid provided under 1792
25652565 Section 857(b)(2) of the Internal Revenue Code; [,] and 1793
25662566 (B) [additionally,] Additionally, in the case of a regulated 1794
25672567 investment company, the sum of (i) the exempt-interest dividends, as 1795
25682568 defined in the Internal Revenue Code, and (ii) expenses, bond 1796
25692569 Raised Bill No. 7410
25702570
25712571
25722572
25732573 LCO No. 6787 69 of 88
25742574
25752575 premium, and interest related to tax-exempt income that are 1797
25762576 disallowed as deductions under the Internal Revenue Code; [,] and 1798
25772577 (C) [in] In the case of a taxpayer maintaining an international 1799
25782578 banking facility as defined in the laws of the United States or the 1800
25792579 regulations of the Board of Governors of the Federal Reserve System, 1801
25802580 as either may be amended from time to time, the gross income 1802
25812581 attributable to the international banking facility, provided, no expense 1803
25822582 or loss attributable to the international banking facility shall be a 1804
25832583 deduction under any provision of this section; [,] and 1805
25842584 (D) [additionally,] Additionally, in the case of all taxpayers, all 1806
25852585 dividends as defined in the Internal Revenue Code effective and in 1807
25862586 force on the last day of the income year not otherwise deducted from 1808
25872587 gross income, including dividends received from a DISC or former 1809
25882588 DISC as defined in Section 992 of the Internal Revenue Code and 1810
25892589 dividends deemed to have been distributed by a DISC or former DISC 1811
25902590 as provided in Section 995 of said Internal Revenue Code, other than 1812
25912591 thirty per cent of dividends received from a domestic corporation in 1813
25922592 which the taxpayer owns less than twenty per cent of the total voting 1814
25932593 power and value of the stock of such corporation; [,] and 1815
25942594 (E) [additionally,] Additionally, in the case of all taxpayers, the 1816
25952595 value of any capital gain realized from the sale of any land, or interest 1817
25962596 in land, to the state, any political subdivision of the state, or to any 1818
25972597 nonprofit land conservation organization where such land is to be 1819
25982598 permanently preserved as protected open space or to a water 1820
25992599 company, as defined in section 25-32a, where such land is to be 1821
26002600 permanently preserved as protected open space or as Class I or Class II 1822
26012601 water company land; [,] and 1823
26022602 (F) [in] In the case of manufacturers, the amount of any contribution 1824
26032603 to a manufacturing reinvestment account established pursuant to 1825
26042604 section 32-9zz in the income year that such contribution is made to the 1826
26052605 extent not deductible for federal income tax purposes; [,] and 1827
26062606 Raised Bill No. 7410
26072607
26082608
26092609
26102610 LCO No. 6787 70 of 88
26112611
26122612 (G) [additionally,] Additionally, to the extent allowable under 1828
26132613 subsection (g) of section 32-776, the amount paid by a 7/7 participant, 1829
26142614 as defined in section 32-776, for the remediation of a brownfield; [,] 1830
26152615 and 1831
26162616 (H) [the] The amount of any contribution made on or after 1832
26172617 December 23, 2017, by the state of Connecticut or a political 1833
26182618 subdivision thereof to the extent included in a company's gross income 1834
26192619 under Section 118(b)(2) of the Internal Revenue Code. 1835
26202620 (2) (A) No deduction shall be allowed for (i) expenses related to 1836
26212621 dividends that are allowable as a deduction or credit under the 1837
26222622 Internal Revenue Code, and (ii) federal taxes on income or profits, 1838
26232623 losses of other calendar or fiscal years, retroactive to include all 1839
26242624 calendar or fiscal years beginning after January 1, 1935, interest 1840
26252625 received from federal, state and local government securities, if any 1841
26262626 such deductions are allowed by the federal government. 1842
26272627 (B) For purposes of this subdivision, expenses related to dividends 1843
26282628 shall equal five per cent of all dividends received by a company during 1844
26292629 an income year. The net income associated with the disallowance of 1845
26302630 expenses related to dividends shall be apportioned, if the company 1846
26312631 conducts business within and without the state or is required to 1847
26322632 apportion its income under section 12-218b, in accordance with this 1848
26332633 chapter. 1849
26342634 (3) Notwithstanding any provision of this section to the contrary, no 1850
26352635 dividend received from a real estate investment trust shall be 1851
26362636 deductible under this section by the recipient unless the dividend is: 1852
26372637 (A) Deductible under Section 243 of the Internal Revenue Code; 1853
26382638 (B) [received] Received by a qualified dividend recipient from a 1854
26392639 qualified real estate investment trust and, as of the last day of the 1855
26402640 period for which such dividend is paid, persons, not including the 1856
26412641 qualified dividend recipient or any person that is either a related 1857
26422642 Raised Bill No. 7410
26432643
26442644
26452645
26462646 LCO No. 6787 71 of 88
26472647
26482648 person to, or an employee or director of, the qualified dividend 1858
26492649 recipient, have outstanding cash capital contributions to the qualified 1859
26502650 real estate investment trust that, in the aggregate, exceed five per cent 1860
26512651 of the fair market value of the aggregate real estate assets, valued as of 1861
26522652 the last day of the period for which such dividend is paid, then held by 1862
26532653 the qualified real estate investment trust; or 1863
26542654 (C) [received] Received from a captive real estate investment trust 1864
26552655 that is subject to the tax imposed under this chapter. For purposes of 1865
26562656 this section, a "related person" is as defined in subdivision (7) of 1866
26572657 subsection (a) of section 12-217m, "real estate assets" is as defined in 1867
26582658 Section 856 of the Internal Revenue Code, a "qualified dividend 1868
26592659 recipient" means a dividend recipient who has invested in a qualified 1869
26602660 real estate investment trust prior to April 1, 1997, and a "qualified real 1870
26612661 estate investment trust" means an entity that both was incorporated 1871
26622662 and had contributed to it a minimum of five hundred million dollars' 1872
26632663 worth of real estate assets prior to April 1, 1997, and that elects to be a 1873
26642664 real estate investment trust under Section 856 of the Internal Revenue 1874
26652665 Code prior to April 1, 1998. 1875
26662666 (4) Notwithstanding any provision of this section to the contrary: [,] 1876
26672667 (A) [any] Any excess of the deductions provided in this section for 1877
26682668 any income year commencing on or after January 1, 1973, over the 1878
26692669 gross income for such year or the amount of such excess apportioned 1879
26702670 to this state under the provisions of this chapter, shall be an operating 1880
26712671 loss of such income year and shall be deductible as an operating loss 1881
26722672 carry-over for operating losses incurred prior to income years 1882
26732673 commencing January 1, 2000, in each of the five income years 1883
26742674 following such loss year, and for operating losses incurred in income 1884
26752675 years commencing on or after January 1, 2000, in each of the twenty 1885
26762676 income years following such loss year, except that; 1886
26772677 (i) [for] For income years commencing prior to January 1, 2015, the 1887
26782678 portion of such operating loss [which] that may be deducted as an 1888
26792679 Raised Bill No. 7410
26802680
26812681
26822682
26832683 LCO No. 6787 72 of 88
26842684
26852685 operating loss carry-over in any income year following such loss year 1889
26862686 shall be limited to the lesser of (I) any net income greater than zero of 1890
26872687 such income year following such loss year, or in the case of a company 1891
26882688 entitled to apportion its net income under the provisions of this 1892
26892689 chapter, the amount of such net income [which] that is apportioned to 1893
26902690 this state pursuant thereto, or (II) the excess, if any, of such operating 1894
26912691 loss over the total of such net income for each of any prior income 1895
26922692 years following such loss year, such net income of each of such prior 1896
26932693 income years following such loss year for such purposes being 1897
26942694 computed without regard to any operating loss carry-over from such 1898
26952695 loss year allowed under this subparagraph and being regarded as not 1899
26962696 less than zero, and provided further the operating loss of any income 1900
26972697 year shall be deducted in any subsequent year, to the extent available 1901
26982698 for such deduction, before the operating loss of any subsequent income 1902
26992699 year is deducted; [,] 1903
27002700 (ii) [for] For income years commencing on or after January 1, 2015, 1904
27012701 but prior to January 1, 2020, the portion of such operating loss [which] 1905
27022702 that may be deducted as an operating loss carry-over in any income 1906
27032703 year following such loss year shall be limited to the lesser of (I) fifty 1907
27042704 per cent of net income of such income year following such loss year, or 1908
27052705 in the case of a company entitled to apportion its net income under the 1909
27062706 provisions of this chapter, fifty per cent of such net income [which] 1910
27072707 that is apportioned to this state pursuant thereto, or (II) the excess, if 1911
27082708 any, of such operating loss over the operating loss deductions 1912
27092709 allowable with respect to such operating loss under this subparagraph 1913
27102710 for each of any prior income years following such loss year, such net 1914
27112711 income of each of such prior income years following such loss year for 1915
27122712 such purposes being computed without regard to any operating loss 1916
27132713 carry-over from such loss year allowed under this subparagraph and 1917
27142714 being regarded as not less than zero, and provided further the 1918
27152715 operating loss of any income year shall be deducted in any subsequent 1919
27162716 year, to the extent available for such deduction, before the operating 1920
27172717 loss of any subsequent income year is deducted; [,] and 1921
27182718 Raised Bill No. 7410
27192719
27202720
27212721
27222722 LCO No. 6787 73 of 88
27232723
27242724 (iii) For income years commencing on or after January 1, 2020, the 1922
27252725 portion of such operating loss that may be deducted as an operating 1923
27262726 loss carry-over in any income year following such loss year shall be the 1924
27272727 amount allowed under Section 172 of the Internal Revenue Code. 1925
27282728 [(iii) if] (iv) If a combined group so elects, the combined group shall 1926
27292729 relinquish fifty per cent of its unused operating losses incurred prior to 1927
27302730 the income year commencing on or after January 1, 2015, and before 1928
27312731 January 1, 2016, and may utilize the remaining operating loss carry-1929
27322732 over without regard to the limitations prescribed in subparagraph 1930
27332733 (A)(ii) of this subdivision. The portion of such operating loss carry-1931
27342734 over that may be deducted shall be limited to the amount required to 1932
27352735 reduce a combined group's tax under this chapter, prior to surtax and 1933
27362736 prior to the application of credits, to two million five hundred 1934
27372737 thousand dollars in any income year commencing on or after January 1935
27382738 1, 2015. Only after the combined group's remaining operating loss 1936
27392739 carry-over for operating losses incurred prior to income years 1937
27402740 commencing January 1, 2015, has been fully utilized, will the 1938
27412741 limitations prescribed in subparagraph (A)(ii) of this subdivision 1939
27422742 apply. The combined group, or any member thereof, shall make such 1940
27432743 election on its return for the income year beginning on or after January 1941
27442744 1, 2015, and before January 1, 2016, by the due date for such return, 1942
27452745 including any extensions. Only combined groups with unused 1943
27462746 operating losses in excess of six billion dollars from income years 1944
27472747 beginning prior to January 1, 2013, may make the election prescribed 1945
27482748 in this clause; [,] and 1946
27492749 (B) [any] Any net capital loss, as defined in the Internal Revenue 1947
27502750 Code effective and in force on the last day of the income year, for any 1948
27512751 income year commencing on or after January 1, 1973, shall be allowed 1949
27522752 as a capital loss carry-over to reduce, but not below zero, any net 1950
27532753 capital gain, as so defined, in each of the five following income years, 1951
27542754 in order of sequence, to the extent not exhausted by the net capital gain 1952
27552755 of any of the preceding of such five following income years; [,] and 1953
27562756 Raised Bill No. 7410
27572757
27582758
27592759
27602760 LCO No. 6787 74 of 88
27612761
27622762 (C) [any] Any net capital losses allowed and carried forward from 1954
27632763 prior years to income years beginning on or after January 1, 1973, for 1955
27642764 federal income tax purposes by companies entitled to a deduction for 1956
27652765 dividends paid under the Internal Revenue Code other than 1957
27662766 companies subject to the gross earnings taxes imposed under chapters 1958
27672767 211 and 212, shall be allowed as a capital loss carry-over. 1959
27682768 (5) This section shall not apply to a life insurance company as 1960
27692769 defined in the Internal Revenue Code effective and in force on the last 1961
27702770 day of the income year. For purposes of this section, the unpaid loss 1962
27712771 reserve adjustment required for nonlife insurance companies under the 1963
27722772 provisions of Section 832(b)(5) of the Internal Revenue Code of 1986 [, 1964
27732773 or any subsequent corresponding internal revenue code of the United 1965
27742774 States, as from time to time amended,] shall be applied without 1966
27752775 making the adjustment in Subparagraph (B) of said Section 832(b)(5). 1967
27762776 (6) For purposes of determining net income under this section for 1968
27772777 income years commencing on or after January 1, 2018, the deduction 1969
27782778 allowed for business interest paid or accrued shall be determined as 1970
27792779 provided under the Internal Revenue Code, except that in making such 1971
27802780 determination, the provisions of Section 163(j) of said code shall not 1972
27812781 apply. 1973
27822782 Sec. 29. Section 12-219 of the general statutes is repealed and the 1974
27832783 following is substituted in lieu thereof (Effective from passage): 1975
27842784 (a) (1) Each company subject to the provisions of this part shall pay 1976
27852785 for the privilege of carrying on or doing business within the state, (A) 1977
27862786 (i) for income years commencing prior to January 1, 2020, the larger of 1978
27872787 the tax, if any, imposed by section 12-214 and the tax calculated under 1979
27882788 this subsection, and (B) for income years commencing on or after 1980
27892789 January 1, 2020, the tax imposed by section 12-214. The tax calculated 1981
27902790 under this section shall be a tax of three and one-tenth mills per dollar 1982
27912791 for each income year of the amount derived [(A)] (i) by adding [(i)] (I) 1983
27922792 the average value of the issued and outstanding capital stock, 1984
27932793 Raised Bill No. 7410
27942794
27952795
27962796
27972797 LCO No. 6787 75 of 88
27982798
27992799 including treasury stock at par or face value, fractional shares, scrip 1985
28002800 certificates convertible into shares of stock and amounts received on 1986
28012801 subscriptions to capital stock, computed on the balances at the 1987
28022802 beginning and end of the taxable year or period, the average value of 1988
28032803 surplus and undivided profit computed on the balances at the 1989
28042804 beginning and end of the taxable year or period, and [(ii)] (II) the 1990
28052805 average value of all surplus reserves computed on the balances at the 1991
28062806 beginning and end of the taxable year or period, [(B)] (ii) by 1992
28072807 subtracting from the sum so calculated [(i)] (I) the average value of any 1993
28082808 deficit carried on the balance sheet computed on the balances at the 1994
28092809 beginning and end of the taxable year or period, and [(ii)] (II) the 1995
28102810 average value of any holdings of stock of private corporations 1996
28112811 including treasury stock shown on the balance sheet computed on the 1997
28122812 balances at the beginning and end of the taxable year or period, and 1998
28132813 [(C)] (iii) by apportioning the remainder so derived between this and 1999
28142814 other states under the provisions of section 12-219a, provided in no 2000
28152815 event shall the tax so calculated exceed one million dollars or be less 2001
28162816 than two hundred fifty dollars. 2002
28172817 (2) For purposes of this subsection, in the case of a new domestic 2003
28182818 company, the balances at the beginning of its first fiscal year or period 2004
28192819 shall be the balances immediately after its organization or immediately 2005
28202820 after it commences business operations, whichever is earlier; and in the 2006
28212821 case of a foreign company, the balances at the beginning of its first 2007
28222822 fiscal year or period in which it becomes liable for the filing of a return 2008
28232823 in this state shall be the balances as established at the beginning of the 2009
28242824 fiscal year or period for tax purposes. In the case of a domestic 2010
28252825 company dissolving or limiting its existence, the balances at the end of 2011
28262826 the fiscal year or period shall be the balances immediately prior to the 2012
28272827 final distribution of all its assets; and in the case of a foreign company 2013
28282828 filing a certificate of withdrawal, the balances at the end of the fiscal 2014
28292829 year or period shall be the balances immediately prior to the 2015
28302830 withdrawal of all of its assets. When a taxpayer has carried on or had 2016
28312831 the right to carry on business within the state for eleven months or less 2017
28322832 Raised Bill No. 7410
28332833
28342834
28352835
28362836 LCO No. 6787 76 of 88
28372837
28382838 of the income year, the tax calculated under this subsection shall be 2018
28392839 reduced in proportion to the fractional part of the year during which 2019
28402840 business was carried on by such taxpayer. The tax calculated under 2020
28412841 this subsection shall, in no case, be less than two hundred fifty dollars 2021
28422842 for each income year. The taxpayer shall report the items set forth in 2022
28432843 this subsection at the amounts at which such items appear upon its 2023
28442844 books; provided, when, in the opinion of the Commissioner of 2024
28452845 Revenue Services, the books of the taxpayer do not disclose a 2025
28462846 reasonable valuation of such items, the commissioner may require any 2026
28472847 additional information which may be necessary for a reasonable 2027
28482848 determination of the tax calculated under this subsection and shall, on 2028
28492849 the basis of the best information available, calculate such tax and notify 2029
28502850 the taxpayer thereof. 2030
28512851 (3) No tax credit allowed against the tax imposed by this chapter 2031
28522852 shall reduce a company's tax calculated under this subsection to an 2032
28532853 amount less than two hundred fifty dollars. 2033
28542854 (b) (1) With respect to income years commencing on or after January 2034
28552855 1, 1989, and prior to January 1, 1992, the additional tax imposed on any 2035
28562856 company and calculated in accordance with subsection (a) of this 2036
28572857 section shall, for each such income year, except when the tax so 2037
28582858 calculated is equal to two hundred fifty dollars, be increased by adding 2038
28592859 thereto an amount equal to twenty per cent of the additional tax so 2039
28602860 calculated for such income year, without reduction of the additional 2040
28612861 tax so calculated by the amount of any credit against such tax. The 2041
28622862 increased amount of tax payable by any company under this section, 2042
28632863 as determined in accordance with this subsection, shall become due 2043
28642864 and be paid, collected and enforced as provided in this chapter. 2044
28652865 (2) With respect to income years commencing on or after January 1, 2045
28662866 1992, and prior to January 1, 1993, the additional tax imposed on any 2046
28672867 company and calculated in accordance with subsection (a) of this 2047
28682868 section shall, for each such income year, except when the tax so 2048
28692869 calculated is equal to two hundred fifty dollars, be increased by adding 2049
28702870 Raised Bill No. 7410
28712871
28722872
28732873
28742874 LCO No. 6787 77 of 88
28752875
28762876 thereto an amount equal to ten per cent of the additional tax so 2050
28772877 calculated for such income year, without reduction of the tax so 2051
28782878 calculated by the amount of any credit against such tax. The increased 2052
28792879 amount of tax payable by any company under this section, as 2053
28802880 determined in accordance with this subsection, shall become due and 2054
28812881 be paid, collected and enforced as provided in this chapter. 2055
28822882 (3) With respect to income years commencing on or after January 1, 2056
28832883 2003, and prior to January 1, 2004, the additional tax imposed on any 2057
28842884 company and calculated in accordance with subsection (a) of this 2058
28852885 section shall, for each such income year, be increased by adding 2059
28862886 thereto an amount equal to twenty per cent of the additional tax so 2060
28872887 calculated for such income year, without reduction of the tax so 2061
28882888 calculated by the amount of any credit against such tax. The increased 2062
28892889 amount of tax payable by any company under this section, as 2063
28902890 determined in accordance with this subsection, shall become due and 2064
28912891 be paid, collected and enforced as provided in this chapter. 2065
28922892 (4) With respect to income years commencing on or after January 1, 2066
28932893 2004, and prior to January 1, 2005, the additional tax imposed on any 2067
28942894 company and calculated in accordance with subsection (a) of this 2068
28952895 section shall, for each such income year, be increased by adding 2069
28962896 thereto an amount equal to twenty-five per cent of the additional tax so 2070
28972897 calculated for such income year, without reduction of the tax so 2071
28982898 calculated by the amount of any credit against such tax, except that 2072
28992899 any company that pays the minimum tax of two hundred fifty dollars 2073
29002900 under this section or section 12-223c, as amended by this act, for such 2074
29012901 income year shall not be subject to such additional tax. The increased 2075
29022902 amount of tax payable by any company under this subdivision, as 2076
29032903 determined in accordance with this subsection, shall become due and 2077
29042904 be paid, collected and enforced as provided in this chapter. 2078
29052905 (5) With respect to income years commencing on or after January 1, 2079
29062906 2006, and prior to January 1, 2007, the additional tax imposed on any 2080
29072907 company and calculated in accordance with subsection (a) of this 2081
29082908 Raised Bill No. 7410
29092909
29102910
29112911
29122912 LCO No. 6787 78 of 88
29132913
29142914 section shall, for each such income year, except when the tax so 2082
29152915 calculated is equal to two hundred fifty dollars, be increased by adding 2083
29162916 thereto an amount equal to twenty per cent of the additional tax so 2084
29172917 calculated for such income year, without reduction of the tax so 2085
29182918 calculated by the amount of any credit against such tax. The increased 2086
29192919 amount of tax payable by any company under this section, as 2087
29202920 determined in accordance with this subsection, shall become due and 2088
29212921 be paid, collected and enforced as provided in this chapter. 2089
29222922 (6) (A) With respect to income years commencing on or after 2090
29232923 January 1, 2009, and prior to January 1, 2012, the additional tax 2091
29242924 imposed on any company and calculated in accordance with 2092
29252925 subsection (a) of this section shall, for each such income year, except 2093
29262926 when the tax so calculated is equal to two hundred fifty dollars, be 2094
29272927 increased by adding thereto an amount equal to ten per cent of the 2095
29282928 additional tax so calculated for such income year, without reduction of 2096
29292929 the tax so calculated by the amount of any credit against such tax. The 2097
29302930 increased amount of tax payable by any company under this section, 2098
29312931 as determined in accordance with this subsection, shall become due 2099
29322932 and be paid, collected and enforced as provided in this chapter. 2100
29332933 (B) Any company whose gross income for the income year was less 2101
29342934 than one hundred million dollars shall not be subject to the additional 2102
29352935 tax imposed under subparagraph (A) of this subdivision. This 2103
29362936 exception shall not apply to companies filing a combined return for the 2104
29372937 income year under section 12-223a or a unitary return under 2105
29382938 subsection (d) of section 12-218d. 2106
29392939 (7) (A) With respect to income years commencing on or after 2107
29402940 January 1, 2012, and prior to January 1, 2018, the additional tax 2108
29412941 imposed on any company and calculated in accordance with 2109
29422942 subsection (a) of this section shall, for each such income year, except 2110
29432943 when the tax so calculated is equal to two hundred fifty dollars, be 2111
29442944 increased by adding thereto an amount equal to twenty per cent of the 2112
29452945 additional tax so calculated for such income year, without reduction of 2113
29462946 Raised Bill No. 7410
29472947
29482948
29492949
29502950 LCO No. 6787 79 of 88
29512951
29522952 the tax so calculated by the amount of any credit against such tax. The 2114
29532953 increased amount of tax payable by any company under this section, 2115
29542954 as determined in accordance with this subsection, shall become due 2116
29552955 and be paid, collected and enforced as provided in this chapter. 2117
29562956 (B) Any company whose gross income for the income year was less 2118
29572957 than one hundred million dollars shall not be subject to the additional 2119
29582958 tax imposed under subparagraph (A) of this subdivision. With respect 2120
29592959 to income years commencing on or after January 1, 2012, and prior to 2121
29602960 January 1, 2016, this exception shall not apply to companies filing a 2122
29612961 combined return for the income year under section 12-223a or a 2123
29622962 unitary return under subsection (d) of section 12-218d. With respect to 2124
29632963 income years commencing on or after January 1, 2016, and prior to 2125
29642964 January 1, 2018, this exception shall not apply to taxable members of a 2126
29652965 combined group that files a combined unitary tax return. 2127
29662966 (8) (A) With respect to income years commencing on or after 2128
29672967 January 1, 2018, and prior to January 1, 2019, the additional tax 2129
29682968 imposed on any company and calculated in accordance with 2130
29692969 subsection (a) of this section shall, for such income year, except when 2131
29702970 the tax so calculated is equal to two hundred fifty dollars, be increased 2132
29712971 by adding thereto an amount equal to ten per cent of the additional tax 2133
29722972 so calculated for such income year, without reduction of the tax so 2134
29732973 calculated by the amount of any credit against such tax. The increased 2135
29742974 amount of tax payable by any company under this section, as 2136
29752975 determined in accordance with this subsection, shall become due and 2137
29762976 be paid, collected and enforced as provided in this chapter. 2138
29772977 (B) Any company whose gross income for the income year was less 2139
29782978 than one hundred million dollars shall not be subject to the additional 2140
29792979 tax imposed under subparagraph (A) of this subdivision. This 2141
29802980 exception shall not apply to taxable members of a combined group that 2142
29812981 files a combined unitary tax return. 2143
29822982 (c) The tax imposed by this section shall be assessed and collected 2144
29832983 Raised Bill No. 7410
29842984
29852985
29862986
29872987 LCO No. 6787 80 of 88
29882988
29892989 and be first applicable at the time or times herein provided for the tax 2145
29902990 measured by net income. This section shall not apply to insurance 2146
29912991 companies, real estate investment trusts, regulated investment 2147
29922992 companies, interlocal risk management agencies formed pursuant to 2148
29932993 chapter 113a or, except as otherwise provided by subsection (d) of this 2149
29942994 section, financial service companies, as defined in section 12-218b. 2150
29952995 (d) Each financial service company, as defined in section 12-218b, 2151
29962996 shall pay for the privilege of carrying on or doing business within the 2152
29972997 state, (A) for income years commencing prior to January 1, 2020, the 2153
29982998 larger of the tax, if any, imposed by section 12-214 and the tax 2154
29992999 calculated under this subsection, and (B) for income years commencing 2155
30003000 on or after January 1, 2020, the tax, if any, imposed by section 12-214. 2156
30013001 For each such financial service company, the tax calculated under this 2157
30023002 subsection shall be two hundred fifty dollars for each income year. No 2158
30033003 tax credit allowed against the tax imposed by this chapter shall reduce 2159
30043004 a financial service company's tax calculated under this subsection to an 2160
30053005 amount less than two hundred fifty dollars. 2161
30063006 (e) [The] For income years commencing prior to January 1, 2020, the 2162
30073007 additional tax base of taxable and nontaxable members of a combined 2163
30083008 group required to file a combined unitary tax return pursuant to 2164
30093009 section 12-222 shall be calculated as provided in subsection (f) of 2165
30103010 section 12-218e. 2166
30113011 Sec. 30. Subsection (a) of section 12-217ee of the general statutes is 2167
30123012 repealed and the following is substituted in lieu thereof (Effective from 2168
30133013 passage): 2169
30143014 (a) Any taxpayer that (1) is a qualified small business, (2) qualifies 2170
30153015 for a credit under section 12-217j or section 12-217n, and (3) cannot 2171
30163016 take such credit in the taxable year in which the credit could otherwise 2172
30173017 be taken as a result of having no tax liability under this chapter may 2173
30183018 elect to carry such credit forward under this chapter or may apply to 2174
30193019 the commissioner as provided in subsection (b) of this section to 2175
30203020 Raised Bill No. 7410
30213021
30223022
30233023
30243024 LCO No. 6787 81 of 88
30253025
30263026 exchange such credit with the state for a credit refund equal to sixty-2176
30273027 five per cent of the value of the credit. Any amount of credit refunded 2177
30283028 under this section shall be refunded to the taxpayer under the 2178
30293029 provisions of this chapter, except that such credit refund shall not be 2179
30303030 subject to the provisions of section 12-227. Payment of the capital base 2180
30313031 tax under section 12-219, as amended by this act, for an income year 2181
30323032 commencing on or after January 1, 2002, and prior to January 1, 2020, 2182
30333033 in which year the taxpayer reports no net income, as defined in section 2183
30343034 12-213, or payment of the minimum tax of two hundred fifty dollars 2184
30353035 under section 12-219, as amended by this act, or 12-223c, as amended 2185
30363036 by this act, for any income year, shall not be considered a tax liability 2186
30373037 for purposes of this section. 2187
30383038 Sec. 31. Section 12-223c of the general statutes is repealed and the 2188
30393039 following is substituted in lieu thereof (Effective from passage): 2189
30403040 [Each] For income years commencing prior to January 1, 2020, (1) 2190
30413041 each corporation included in a combined return under section 12-223a 2191
30423042 shall pay the minimum tax of two hundred fifty dollars prescribed 2192
30433043 under section 12-219, as amended by this act, [. No] and (2) no tax 2193
30443044 credit allowed against the tax imposed by this chapter shall reduce an 2194
30453045 included corporation's tax calculated under section 12-219, as amended 2195
30463046 by this act, to an amount less than two hundred fifty dollars. 2196
30473047 Sec. 32. (Effective from passage) Not later than December 31, 2019, the 2197
30483048 Commissioner of Revenue Services shall provide to the chairpersons 2198
30493049 and ranking members of the joint standing committee of the General 2199
30503050 Assembly having cognizance of matters relating to finance, revenue 2200
30513051 and bonding recommendations for additional amendments to the 2201
30523052 general statutes that are required to effectuate the changes in sections 2202
30533053 28 and 29 of this act related to the amount of the operating loss 2203
30543054 allowed as a carry-over and the elimination of the capital base tax. 2204
30553055 Sec. 33. (Effective July 1, 2019) (a) For the purposes described in 2205
30563056 subsection (b) of this section, the State Bond Commission shall have 2206
30573057 Raised Bill No. 7410
30583058
30593059
30603060
30613061 LCO No. 6787 82 of 88
30623062
30633063 the power from time to time to authorize the issuance of bonds of the 2207
30643064 state in one or more series and in principal amounts not exceeding in 2208
30653065 the aggregate two hundred million dollars. 2209
30663066 (b) The proceeds of the sale of such bonds, to the extent of the 2210
30673067 amount stated in subsection (a) of this section, shall be used by the 2211
30683068 Office of Higher Education for the purpose of awarding scholarships 2212
30693069 under the STEM Scholarship Program established under section 34 of 2213
30703070 this act, provided no portion of such proceeds shall be used for 2214
30713071 administrative expenses. 2215
30723072 (c) All provisions of section 3-20 of the general statutes, or the 2216
30733073 exercise of any right or power granted thereby, that are not 2217
30743074 inconsistent with the provisions of this section are hereby adopted and 2218
30753075 shall apply to all bonds authorized by the State Bond Commission 2219
30763076 pursuant to this section. Temporary notes in anticipation of the money 2220
30773077 to be derived from the sale of any such bonds so authorized may be 2221
30783078 issued in accordance with section 3-20 of the general statutes and from 2222
30793079 time to time renewed. Such bonds shall mature at such time or times 2223
30803080 not exceeding twenty years from their respective dates as may be 2224
30813081 provided in or pursuant to the resolution or resolutions of the State 2225
30823082 Bond Commission authorizing such bonds. None of such bonds shall 2226
30833083 be authorized except upon a finding by the State Bond Commission 2227
30843084 that there has been filed with it a request for such authorization that is 2228
30853085 signed by or on behalf of the Secretary of the Office of Policy and 2229
30863086 Management and states such terms and conditions as said commission, 2230
30873087 in its discretion, may require. Such bonds issued pursuant to this 2231
30883088 section shall be general obligations of the state and the full faith and 2232
30893089 credit of the state of Connecticut are pledged for the payment of the 2233
30903090 principal of and interest on such bonds as the same become due, and 2234
30913091 accordingly and as part of the contract of the state with the holders of 2235
30923092 such bonds, appropriation of all amounts necessary for punctual 2236
30933093 payment of such principal and interest is hereby made, and the State 2237
30943094 Treasurer shall pay such principal and interest as the same become 2238
30953095 due. 2239
30963096 Raised Bill No. 7410
30973097
30983098
30993099
31003100 LCO No. 6787 83 of 88
31013101
31023102 Sec. 34. (NEW) (Effective July 1, 2019) (a) There is established a STEM 2240
31033103 scholarship program administered by the Office of Higher Education. 2241
31043104 Commencing July 1, 2020, the program shall award scholarships for up 2242
31053105 to four thousand residents of the state in the first year and up to four 2243
31063106 thousand additional residents of the state in each of the next three 2244
31073107 years, who are enrolled (1) as full-time or part-time undergraduate 2245
31083108 students at a public or an independent institution of higher education 2246
31093109 in the state and are seeking a degree in a field related to science, 2247
31103110 technology, engineering, mathematics or a health profession, or (2) in a 2248
31113111 teacher preparation program, as defined in section 10-10a of the 2249
31123112 general statutes, and whose subject area major is in science, 2250
31133113 technology, engineering or mathematics. 2251
31143114 (b) Each scholarship awarded under subsection (a) of this section 2252
31153115 shall be in the amount of five thousand dollars annually and may be 2253
31163116 awarded for up to a four-year period, provided a scholarship recipient 2254
31173117 remains eligible for such scholarship in accordance with the standards 2255
31183118 established by the Office of Higher Education under subsection (c) of 2256
31193119 this section. 2257
31203120 (c) The Office of Higher Education shall establish (1) (A) the specific 2258
31213121 fields or majors for which a scholarship may be awarded, or (B) 2259
31223122 specific standards to determine whether a field or major is eligible for 2260
31233123 an enrollee to be considered for a scholarship under subsection (a) of 2261
31243124 this section, (2) eligibility standards for applicants, including, but not 2262
31253125 limited to, any minimum grade point averages required, (3) standards 2263
31263126 for scholarship recipients to remain eligible for such scholarship while 2264
31273127 enrolled, including, but not limited to, any minimum grade point 2265
31283128 averages required, (4) an application form and any additional 2266
31293129 information said office deems necessary to evaluate an application, (5) 2267
31303130 the deadlines for applications to be submitted and for final decisions to 2268
31313131 be issued by said office, and (6) any other criteria said office deems 2269
31323132 necessary to decide scholarship award recipients under this section. 2270
31333133 Said office shall post information about the STEM scholarship program 2271
31343134 on its Internet web site, including, at a minimum, the requirements 2272
31353135 Raised Bill No. 7410
31363136
31373137
31383138
31393139 LCO No. 6787 84 of 88
31403140
31413141 established under this subsection. 2273
31423142 (d) Not later than July 31, 2021, and each year thereafter that 2274
31433143 scholarships under this section are awarded, the executive director of 2275
31443144 the Office of Higher Education shall submit a report, in accordance 2276
31453145 with the provisions of section 11-4a of the general statutes, to the joint 2277
31463146 standing committees of the General Assembly having cognizance of 2278
31473147 matters relating to higher education, labor and bonding, that includes, 2279
31483148 but is not limited to, (1) the number of scholarships awarded in the 2280
31493149 preceding year to enrollees described in subparagraph (A) of 2281
31503150 subdivision (1) of subsection (c) of this section and to enrollees 2282
31513151 described in subparagraph (B) of said subdivision, (2) the specific 2283
31523152 institutions of higher education that recipients of scholarship awards 2284
31533153 in the preceding year are attending, and (3) the fields or majors in 2285
31543154 which recipients of scholarship awards in the preceding year are 2286
31553155 enrolled. 2287
31563156 Sec. 35. Section 10a-1d of the general statutes is repealed and the 2288
31573157 following is substituted in lieu thereof (Effective July 1, 2019): 2289
31583158 (a) There is established an Office of Higher Education. The Office of 2290
31593159 Higher Education shall administer the programs set forth in sections 2291
31603160 10-155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-19g, 10a-34 to 10a-34f, 2292
31613161 inclusive, 10a-35, 10a-166, 10a-168a, 10a-169a, 10a-169b, [and] 10a-173 2293
31623162 and section 34 of this act. The Office of Higher Education shall be 2294
31633163 responsible for approving any action taken pursuant to sections 10a-34 2295
31643164 to 10a-34f, inclusive. 2296
31653165 (b) The Governor shall appoint an executive director of the Office of 2297
31663166 Higher Education in accordance with the provisions of sections 4-5 to 2298
31673167 4-8, inclusive. The executive director shall have the responsibility for 2299
31683168 implementing the policies and directives of the office and shall have 2300
31693169 additional responsibilities as the board may prescribe. 2301
31703170 Sec. 36. Section 12-407e of the general statutes is repealed. (Effective 2302
31713171 July 1, 2019) 2303
31723172 Raised Bill No. 7410
31733173
31743174
31753175
31763176 LCO No. 6787 85 of 88
31773177
31783178 Sec. 37. Subdivisions (91), (102), (108), (109) and (114) of section 12-2304
31793179 412 of the general statutes are repealed. (Effective January 1, 2020) 2305
31803180 This act shall take effect as follows and shall amend the following
31813181 sections:
31823182
31833183 Section 1 January 1, 2020, and
31843184 applicable to sales
31853185 occurring on or after
31863186 January 1, 2020
31873187 12-408(1)
31883188 Sec. 2 July 1, 2019, and
31893189 applicable to sales
31903190 occurring on or after July
31913191 1, 2019
31923192 12-411(1)
31933193 Sec. 3 January 1, 2020, and
31943194 applicable to sales
31953195 occurring on or after
31963196 January 1, 2020
31973197 12-407(a)(13)
31983198 Sec. 4 January 1, 2020, and
31993199 applicable to sales
32003200 occurring on or after
32013201 January 1, 2020
32023202 12-407(a)
32033203 Sec. 5 January 1, 2020, and
32043204 applicable to sales
32053205 occurring on or after
32063206 January 1, 2020
32073207 12-407(a)(37)
32083208 Sec. 6 January 1, 2020, and
32093209 applicable to sales
32103210 occurring on or after
32113211 January 1, 2020
32123212 12-412
32133213 Sec. 7 January 1, 2020, and
32143214 applicable to sales
32153215 occurring on or after
32163216 January 1, 2020
32173217 12-412(120)
32183218 Sec. 8 January 1, 2020, and
32193219 applicable to sales
32203220 occurring on or after
32213221 January 1, 2020
32223222 12-407(a)(2)(H)
32233223 Raised Bill No. 7410
32243224
32253225
32263226
32273227 LCO No. 6787 86 of 88
32283228
32293229 Sec. 9 January 1, 2020, and
32303230 applicable to sales
32313231 occurring on or after
32323232 January 1, 2020
32333233 12-407(a)(3)(A)
32343234 Sec. 10 January 1, 2020, and
32353235 applicable to sales
32363236 occurring on or after
32373237 January 1, 2020
32383238 12-407(a)(7)
32393239 Sec. 11 January 1, 2020, and
32403240 applicable to sales
32413241 occurring on or after
32423242 January 1, 2020
32433243 12-407(a)(8)(A)
32443244 Sec. 12 January 1, 2020, and
32453245 applicable to sales
32463246 occurring on or after
32473247 January 1, 2020
32483248 12-407(a)(9)(A)
32493249 Sec. 13 January 1, 2020, and
32503250 applicable to sales
32513251 occurring on or after
32523252 January 1, 2020
32533253 12-407(a)(15)(A)
32543254 Sec. 14 January 1, 2020, and
32553255 applicable to sales
32563256 occurring on or after
32573257 January 1, 2020
32583258 12-407(a)(18) and (19)
32593259 Sec. 15 from passage and
32603260 applicable to gifts made on
32613261 or after January 1, 2019
32623262 12-640
32633263 Sec. 16 from passage 12-642
32643264 Sec. 17 from passage and
32653265 applicable to estates of
32663266 decedents dying on or after
32673267 January 1, 2019
32683268 12-643(3)
32693269 Sec. 18 from passage and
32703270 applicable to decedents
32713271 dying on or after January
32723272 1, 2019
32733273 12-391
32743274 Sec. 19 from passage and
32753275 applicable to decedents
32763276 dying on or after January
32773277 1, 2019
32783278 12-392
32793279 Sec. 20 from passage 45a-107(b)
32803280 Raised Bill No. 7410
32813281
32823282
32833283
32843284 LCO No. 6787 87 of 88
32853285
32863286 Sec. 21 October 1, 2019, and
32873287 applicable to assessment
32883288 years commencing on or
32893289 after October 1, 2019
32903290 12-81(79)
32913291 Sec. 22 from passage and
32923292 applicable to taxable years
32933293 commencing on or after
32943294 January 1, 2019
32953295 12-284b(b)
32963296 Sec. 23 from passage and
32973297 applicable to taxable years
32983298 commencing on or after
32993299 January 1, 2019
33003300 12-217jj(e)(2)
33013301 Sec. 24 from passage and
33023302 applicable to income years
33033303 commencing on or after
33043304 January 1, 2019
33053305 12-217zz(a)
33063306 Sec. 25 from passage and
33073307 applicable to quarterly
33083308 periods commencing on or
33093309 after July 1, 2019
33103310 New section
33113311 Sec. 26 from passage and
33123312 applicable to quarterly
33133313 periods commencing on or
33143314 after July 1, 2019
33153315 New section
33163316 Sec. 27 from passage and
33173317 applicable to quarterly
33183318 periods commencing on or
33193319 after July 1, 2019
33203320 New section
33213321 Sec. 28 July 1, 2019 12-217(a)
33223322 Sec. 29 from passage 12-219
33233323 Sec. 30 from passage 12-217ee(a)
33243324 Sec. 31 from passage 12-223c
33253325 Sec. 32 from passage New section
33263326 Sec. 33 July 1, 2019 New section
33273327 Sec. 34 July 1, 2019 New section
33283328 Sec. 35 July 1, 2019 10a-1d
33293329 Sec. 36 July 1, 2019 Repealer section
33303330 Sec. 37 January 1, 2020 Repealer section
33313331 Raised Bill No. 7410
33323332
33333333
33343334
33353335 LCO No. 6787 88 of 88
33363336
33373337
33383338 Statement of Purpose:
33393339 To implement certain tax recommendations of the Commission on
33403340 Economic Fiscal Stability and Economic Growth.
33413341
33423342 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
33433343 except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
33443344 not underlined.]
33453345