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3 | 3 | | LCO No. 6787 1 of 88 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 7410 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 6787 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on FINANCE, REVENUE AND |
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11 | 11 | | BONDING |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (FIN) |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | AN ACT CONCERNING CE RTAIN TAX RECOMMENDATIONS OF T HE |
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19 | 19 | | COMMISSION ON FISCAL STABILITY AND ECONOM IC GROWTH |
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20 | 20 | | AND ESTABLISHING A STEM SCHOLARSHIP PROG RAM. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Subdivision (1) of section 12-408 of the general statutes is 1 |
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25 | 25 | | repealed and the following is substituted in lieu thereof (Effective 2 |
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26 | 26 | | January 1, 2020, and applicable to sales occurring on or after January 1, 3 |
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27 | 27 | | 2020): 4 |
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28 | 28 | | (1) (A) For the privilege of making any sales, as defined in 5 |
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29 | 29 | | subdivision (2) of subsection (a) of section 12-407, as amended by this 6 |
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30 | 30 | | act, at retail, in this state for a consideration, a tax is hereby imposed 7 |
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31 | 31 | | on all retailers at the rate of six and thirty-five-hundredths per cent of 8 |
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32 | 32 | | the gross receipts of any retailer from the sale of all tangible personal 9 |
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33 | 33 | | property sold at retail or from the rendering of any services 10 |
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34 | 34 | | constituting a sale in accordance with subdivision (2) of subsection (a) 11 |
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35 | 35 | | of section 12-407, as amended by this act, except, in lieu of said rate, [of 12 |
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36 | 36 | | six and thirty-five-hundredths per cent,] the rates provided in 13 |
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37 | 37 | | subparagraphs (B) to (H), inclusive, of this subdivision; 14 |
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38 | 38 | | (B) (i) At a rate of fifteen per cent with respect to each transfer of 15 |
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39 | 39 | | Raised Bill No. 7410 |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LCO No. 6787 2 of 88 |
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44 | 44 | | |
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45 | 45 | | occupancy, from the total amount of rent received by a hotel or 16 |
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46 | 46 | | lodging house for the first period not exceeding thirty consecutive 17 |
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47 | 47 | | calendar days; 18 |
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48 | 48 | | (ii) At a rate of eleven per cent with respect to each transfer of 19 |
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49 | 49 | | occupancy, from the total amount of rent received by a bed and 20 |
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50 | 50 | | breakfast establishment for the first period not exceeding thirty 21 |
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51 | 51 | | consecutive calendar days; 22 |
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52 | 52 | | (iii) At a rate of six and thirty-five-hundredths per cent with respect 23 |
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53 | 53 | | to each transfer of occupancy, from the total amount of rent received 24 |
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54 | 54 | | by a campground for the first period not exceeding thirty consecutive 25 |
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55 | 55 | | days; 26 |
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56 | 56 | | (C) With respect to the sale of a motor vehicle to any individual who 27 |
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57 | 57 | | is a member of the armed forces of the United States and is on full-time 28 |
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58 | 58 | | active duty in Connecticut and who is considered, under 50 App USC 29 |
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59 | 59 | | 574, a resident of another state, or to any such individual and the 30 |
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60 | 60 | | spouse thereof, at a rate of four and one-half per cent of the gross 31 |
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61 | 61 | | receipts of any retailer from such sales, provided such retailer requires 32 |
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62 | 62 | | and maintains a declaration by such individual, prescribed as to form 33 |
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63 | 63 | | by the commissioner and bearing notice to the effect that false 34 |
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64 | 64 | | statements made in such declaration are punishable, or other evidence, 35 |
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65 | 65 | | satisfactory to the commissioner, concerning the purchaser's state of 36 |
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66 | 66 | | residence under 50 App USC 574; 37 |
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67 | 67 | | (D) (i) With respect to the sales of computer and data processing 38 |
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68 | 68 | | services occurring on or after July 1, 2001, at the rate of one per cent, 39 |
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69 | 69 | | and (ii) with respect to sales of Internet access services, on and after 40 |
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70 | 70 | | July 1, 2001, such services shall be exempt from such tax; 41 |
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71 | 71 | | (E) (i) With respect to the sales of labor that is otherwise taxable 42 |
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72 | 72 | | under subparagraph (C) or (G) of subdivision (2) of subsection (a) of 43 |
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73 | 73 | | section 12-407 on existing vessels and repair or maintenance services 44 |
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74 | 74 | | on vessels occurring on and after July 1, 1999, but prior to January 1, 45 |
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75 | 75 | | 2020, such services shall be exempt from such tax; 46 |
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76 | 76 | | Raised Bill No. 7410 |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LCO No. 6787 3 of 88 |
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81 | 81 | | |
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82 | 82 | | (ii) With respect to the sale of a vessel, a motor for a vessel or a 47 |
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83 | 83 | | trailer used for transporting a vessel, at the rate of two and ninety-48 |
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84 | 84 | | nine-hundredths per cent, except that the sale of a vessel shall be 49 |
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85 | 85 | | exempt from such tax if such vessel is docked in this state for sixty or 50 |
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86 | 86 | | fewer days in a calendar year; 51 |
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87 | 87 | | (F) With respect to patient care services for which payment is 52 |
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88 | 88 | | received by the hospital on or after July 1, 1999, and prior to July 1, 53 |
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89 | 89 | | 2001, at the rate of five and three-fourths per cent and on and after July 54 |
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90 | 90 | | 1, 2001, such services shall be exempt from such tax; 55 |
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91 | 91 | | (G) With respect to the rental or leasing of a passenger motor 56 |
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92 | 92 | | vehicle for a period of thirty consecutive calendar days or less, at a rate 57 |
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93 | 93 | | of nine and thirty-five-hundredths per cent; 58 |
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94 | 94 | | (H) With respect to the sale of (i) a motor vehicle for a sales price 59 |
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95 | 95 | | exceeding fifty thousand dollars, at a rate of seven and three-fourths 60 |
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96 | 96 | | per cent on the entire sales price, (ii) jewelry, whether real or imitation, 61 |
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97 | 97 | | for a sales price exceeding five thousand dollars, at a rate of seven and 62 |
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98 | 98 | | three-fourths per cent on the entire sales price, and (iii) an article of 63 |
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99 | 99 | | clothing or footwear intended to be worn on or about the human body, 64 |
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100 | 100 | | a handbag, luggage, umbrella, wallet or watch for a sales price 65 |
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101 | 101 | | exceeding one thousand dollars, at a rate of seven and three-fourths 66 |
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102 | 102 | | per cent on the entire sales price. For purposes of this subparagraph, 67 |
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103 | 103 | | "motor vehicle" has the meaning provided in section 14-1, but does not 68 |
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104 | 104 | | include a motor vehicle subject to the provisions of subparagraph (C) 69 |
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105 | 105 | | of this subdivision, a motor vehicle having a gross vehicle weight 70 |
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106 | 106 | | rating over twelve thousand five hundred pounds, or a motor vehicle 71 |
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107 | 107 | | having a gross vehicle weight rating of twelve thousand five hundred 72 |
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108 | 108 | | pounds or less that is not used for private passenger purposes, but is 73 |
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109 | 109 | | designed or used to transport merchandise, freight or persons in 74 |
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110 | 110 | | connection with any business enterprise and issued a commercial 75 |
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111 | 111 | | registration or more specific type of registration by the Department of 76 |
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112 | 112 | | Motor Vehicles; 77 |
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113 | 113 | | Raised Bill No. 7410 |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LCO No. 6787 4 of 88 |
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118 | 118 | | |
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119 | 119 | | (I) The rate of tax imposed by this chapter shall be applicable to all 78 |
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120 | 120 | | retail sales upon the effective date of such rate, except that a new rate 79 |
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121 | 121 | | which represents an increase in the rate applicable to the sale shall not 80 |
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122 | 122 | | apply to any sales transaction wherein a binding sales contract without 81 |
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123 | 123 | | an escalator clause has been entered into prior to the effective date of 82 |
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124 | 124 | | the new rate and delivery is made within ninety days after the effective 83 |
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125 | 125 | | date of the new rate. For the purposes of payment of the tax imposed 84 |
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126 | 126 | | under this section, any retailer of services taxable under subdivision 85 |
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127 | 127 | | (37) of subsection (a) of section 12-407, as amended by this act, who 86 |
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128 | 128 | | computes taxable income, for purposes of taxation under the Internal 87 |
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129 | 129 | | Revenue Code of 1986, or any subsequent corresponding internal 88 |
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130 | 130 | | revenue code of the United States, as from time to time amended, on 89 |
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131 | 131 | | an accounting basis which recognizes only cash or other valuable 90 |
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132 | 132 | | consideration actually received as income and who is liable for such 91 |
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133 | 133 | | tax only due to the rendering of such services may make payments 92 |
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134 | 134 | | related to such tax for the period during which such income is 93 |
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135 | 135 | | received, without penalty or interest, without regard to when such 94 |
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136 | 136 | | service is rendered; 95 |
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137 | 137 | | (J) (i) For calendar quarters ending on or after September 30, 2019, 96 |
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138 | 138 | | the commissioner shall deposit into the regional planning incentive 97 |
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139 | 139 | | account, established pursuant to section 4-66k, six and seven-tenths 98 |
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140 | 140 | | per cent of the amounts received by the state from the tax imposed 99 |
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141 | 141 | | under [subparagraph (B)] subparagraphs (B)(i) and (B)(ii) of this 100 |
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142 | 142 | | subdivision and ten and seven-tenths per cent of the amounts received 101 |
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143 | 143 | | by the state from the tax imposed under subparagraph (G) of this 102 |
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144 | 144 | | subdivision; 103 |
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145 | 145 | | (ii) For calendar quarters ending on or after September 30, 2018, the 104 |
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146 | 146 | | commissioner shall deposit into the Tourism Fund established under 105 |
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147 | 147 | | section 10-395b ten per cent of the amounts received by the state from 106 |
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148 | 148 | | the tax imposed under [subparagraph (B)] subparagraphs (B)(i) and 107 |
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149 | 149 | | (B)(ii) of this subdivision; 108 |
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150 | 150 | | (K) For calendar months commencing on or after July 1, 2021, the 109 |
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151 | 151 | | Raised Bill No. 7410 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LCO No. 6787 5 of 88 |
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156 | 156 | | |
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157 | 157 | | commissioner shall deposit into the municipal revenue sharing 110 |
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158 | 158 | | account established pursuant to section 4-66l seven and nine-tenths per 111 |
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159 | 159 | | cent of the amounts received by the state from the tax imposed under 112 |
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160 | 160 | | subparagraph (A) of this subdivision; and 113 |
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161 | 161 | | (L) (i) For calendar months commencing on or after July 1, 2017, the 114 |
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162 | 162 | | commissioner shall deposit into the Special Transportation Fund 115 |
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163 | 163 | | established under section 13b-68 seven and nine-tenths per cent of the 116 |
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164 | 164 | | amounts received by the state from the tax imposed under 117 |
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165 | 165 | | subparagraph (A) of this subdivision; 118 |
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166 | 166 | | (ii) For calendar months commencing on or after July 1, 2018, but 119 |
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167 | 167 | | prior to July 1, 2019, the commissioner shall deposit into the Special 120 |
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168 | 168 | | Transportation Fund established under section 13b-68 eight per cent of 121 |
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169 | 169 | | the amounts received by the state from the tax imposed under 122 |
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170 | 170 | | subparagraphs (A) and (H) of this subdivision on the sale of a motor 123 |
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171 | 171 | | vehicle; 124 |
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172 | 172 | | (iii) For calendar months commencing on or after July 1, 2019, but 125 |
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173 | 173 | | prior to July 1, 2020, the commissioner shall deposit into the Special 126 |
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174 | 174 | | Transportation Fund established under section 13b-68 thirty-three per 127 |
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175 | 175 | | cent of the amounts received by the state from the tax imposed under 128 |
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176 | 176 | | subparagraphs (A) and (H) of this subdivision on the sale of a motor 129 |
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177 | 177 | | vehicle; 130 |
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178 | 178 | | (iv) For calendar months commencing on or after July 1, 2020, but 131 |
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179 | 179 | | prior to July 1, 2021, the commissioner shall deposit into the Special 132 |
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180 | 180 | | Transportation Fund established under section 13b-68 fifty-six per cent 133 |
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181 | 181 | | of the amounts received by the state from the tax imposed under 134 |
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182 | 182 | | subparagraphs (A) and (H) of this subdivision on the sale of a motor 135 |
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183 | 183 | | vehicle; 136 |
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184 | 184 | | (v) For calendar months commencing on or after July 1, 2021, but 137 |
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185 | 185 | | prior to July 1, 2022, the commissioner shall deposit into the Special 138 |
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186 | 186 | | Transportation Fund established under section 13b-68 seventy-five per 139 |
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187 | 187 | | cent of the amounts received by the state from the tax imposed under 140 |
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188 | 188 | | Raised Bill No. 7410 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LCO No. 6787 6 of 88 |
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193 | 193 | | |
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194 | 194 | | subparagraphs (A) and (H) of this subdivision on the sale of a motor 141 |
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195 | 195 | | vehicle; and 142 |
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196 | 196 | | (vi) For calendar months commencing on or after July 1, 2022, the 143 |
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197 | 197 | | commissioner shall deposit into the Special Transportation Fund 144 |
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198 | 198 | | established under section 13b-68 one hundred per cent of the amounts 145 |
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199 | 199 | | received by the state from the tax imposed under subparagraphs (A) 146 |
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200 | 200 | | and (H) of this subdivision on the sale of a motor vehicle. 147 |
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201 | 201 | | Sec. 2. Subdivision (1) of section 12-411 of the general statutes is 148 |
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202 | 202 | | repealed and the following is substituted in lieu thereof (Effective July 149 |
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203 | 203 | | 1, 2019, and applicable to sales occurring on or after July 1, 2019): 150 |
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204 | 204 | | (1) (A) An excise tax is hereby imposed on the storage, acceptance, 151 |
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205 | 205 | | consumption or any other use in this state of tangible personal 152 |
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206 | 206 | | property purchased from any retailer for storage, acceptance, 153 |
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207 | 207 | | consumption or any other use in this state, the acceptance or receipt of 154 |
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208 | 208 | | any services constituting a sale in accordance with subdivision (2) of 155 |
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209 | 209 | | subsection (a) of section 12-407, as amended by this act, purchased 156 |
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210 | 210 | | from any retailer for consumption or use in this state, or the storage, 157 |
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211 | 211 | | acceptance, consumption or any other use in this state of tangible 158 |
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212 | 212 | | personal property which has been manufactured, fabricated, 159 |
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213 | 213 | | assembled or processed from materials by a person, either within or 160 |
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214 | 214 | | without this state, for storage, acceptance, consumption or any other 161 |
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215 | 215 | | use by such person in this state, to be measured by the sales price of 162 |
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216 | 216 | | materials, at the rate of six and thirty-five-hundredths per cent of the 163 |
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217 | 217 | | sales price of such property or services, except, in lieu of said rate: [of 164 |
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218 | 218 | | six and thirty-five-hundredths per cent;] 165 |
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219 | 219 | | (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or 166 |
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220 | 220 | | lodging house for the first period not exceeding thirty consecutive 167 |
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221 | 221 | | calendar days; 168 |
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222 | 222 | | (ii) At a rate of eleven per cent of the rent paid to a bed and 169 |
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223 | 223 | | breakfast establishment for the first period not exceeding thirty 170 |
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224 | 224 | | consecutive calendar days; 171 |
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225 | 225 | | Raised Bill No. 7410 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LCO No. 6787 7 of 88 |
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230 | 230 | | |
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231 | 231 | | (iii) At a rate of six and thirty-five-hundredths per cent with respect 172 |
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232 | 232 | | to each transfer of occupancy, from the total amount of rent received 173 |
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233 | 233 | | by a campground for the first period not exceeding thirty consecutive 174 |
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234 | 234 | | days; 175 |
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235 | 235 | | (C) With respect to the storage, acceptance, consumption or use in 176 |
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236 | 236 | | this state of a motor vehicle purchased from any retailer for storage, 177 |
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237 | 237 | | acceptance, consumption or use in this state by any individual who is a 178 |
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238 | 238 | | member of the armed forces of the United States and is on full-time 179 |
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239 | 239 | | active duty in Connecticut and who is considered, under 50 App USC 180 |
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240 | 240 | | 574, a resident of another state, or to any such individual and the 181 |
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241 | 241 | | spouse of such individual at a rate of four and one-half per cent of the 182 |
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242 | 242 | | sales price of such vehicle, provided such retailer requires and 183 |
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243 | 243 | | maintains a declaration by such individual, prescribed as to form by 184 |
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244 | 244 | | the commissioner and bearing notice to the effect that false statements 185 |
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245 | 245 | | made in such declaration are punishable, or other evidence, 186 |
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246 | 246 | | satisfactory to the commissioner, concerning the purchaser's state of 187 |
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247 | 247 | | residence under 50 App USC 574; 188 |
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248 | 248 | | (D) (i) With respect to the acceptance or receipt in this state of labor 189 |
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249 | 249 | | that is otherwise taxable under subparagraph (C) or (G) of subdivision 190 |
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250 | 250 | | (2) of subsection (a) of section 12-407 on existing vessels and repair or 191 |
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251 | 251 | | maintenance services on vessels occurring on and after July 1, 1999, but 192 |
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252 | 252 | | prior to January 1, 2020, such services shall be exempt from such tax; 193 |
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253 | 253 | | (ii) (I) With respect to the storage, acceptance or other use of a vessel 194 |
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254 | 254 | | in this state, at the rate of two and ninety-nine-hundredths per cent, 195 |
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255 | 255 | | except that such storage, acceptance or other use shall be exempt from 196 |
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256 | 256 | | such tax if such vessel is docked in this state for sixty or fewer days in 197 |
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257 | 257 | | a calendar year; 198 |
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258 | 258 | | (II) With respect to the storage, acceptance or other use of a motor 199 |
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259 | 259 | | for a vessel or a trailer used for transporting a vessel in this state, at the 200 |
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260 | 260 | | rate of two and ninety-nine-hundredths per cent; 201 |
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261 | 261 | | (E) (i) With respect to the acceptance or receipt in this state of 202 |
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262 | 262 | | Raised Bill No. 7410 |
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263 | 263 | | |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LCO No. 6787 8 of 88 |
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267 | 267 | | |
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268 | 268 | | computer and data processing services purchased from any retailer for 203 |
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269 | 269 | | consumption or use in this state occurring on or after July 1, 2001, at 204 |
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270 | 270 | | the rate of one per cent of such services, and (ii) with respect to the 205 |
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271 | 271 | | acceptance or receipt in this state of Internet access services, on and 206 |
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272 | 272 | | after July 1, 2001, such services shall be exempt from such tax; 207 |
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273 | 273 | | (F) With respect to the acceptance or receipt in this state of patient 208 |
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274 | 274 | | care services purchased from any retailer for consumption or use in 209 |
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275 | 275 | | this state for which payment is received by the hospital on or after July 210 |
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276 | 276 | | 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths 211 |
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277 | 277 | | per cent and on and after July 1, 2001, such services shall be exempt 212 |
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278 | 278 | | from such tax; 213 |
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279 | 279 | | (G) With respect to the rental or leasing of a passenger motor 214 |
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280 | 280 | | vehicle for a period of thirty consecutive calendar days or less, at a rate 215 |
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281 | 281 | | of nine and thirty-five-hundredths per cent; 216 |
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282 | 282 | | (H) With respect to the acceptance or receipt in this state of (i) a 217 |
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283 | 283 | | motor vehicle for a sales price exceeding fifty thousand dollars, at a 218 |
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284 | 284 | | rate of seven and three-fourths per cent on the entire sales price, (ii) 219 |
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285 | 285 | | jewelry, whether real or imitation, for a sales price exceeding five 220 |
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286 | 286 | | thousand dollars, at a rate of seven and three-fourths per cent on the 221 |
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287 | 287 | | entire sales price, and (iii) an article of clothing or footwear intended to 222 |
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288 | 288 | | be worn on or about the human body, a handbag, luggage, umbrella, 223 |
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289 | 289 | | wallet or watch for a sales price exceeding one thousand dollars, at a 224 |
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290 | 290 | | rate of seven and three-fourths per cent on the entire sales price. For 225 |
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291 | 291 | | purposes of this subparagraph, "motor vehicle" has the meaning 226 |
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292 | 292 | | provided in section 14-1, but does not include a motor vehicle subject 227 |
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293 | 293 | | to the provisions of subparagraph (C) of this subdivision, a motor 228 |
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294 | 294 | | vehicle having a gross vehicle weight rating over twelve thousand five 229 |
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295 | 295 | | hundred pounds, or a motor vehicle having a gross vehicle weight 230 |
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296 | 296 | | rating of twelve thousand five hundred pounds or less that is not used 231 |
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297 | 297 | | for private passenger purposes, but is designed or used to transport 232 |
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298 | 298 | | merchandise, freight or persons in connection with any business 233 |
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299 | 299 | | enterprise and issued a commercial registration or more specific type 234 |
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300 | 300 | | Raised Bill No. 7410 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | |
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304 | 304 | | LCO No. 6787 9 of 88 |
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305 | 305 | | |
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306 | 306 | | of registration by the Department of Motor Vehicles; 235 |
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307 | 307 | | (I) (i) For calendar quarters ending on or after September 30, 2019, 236 |
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308 | 308 | | the commissioner shall deposit into the regional planning incentive 237 |
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309 | 309 | | account, established pursuant to section 4-66k, six and seven-tenths 238 |
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310 | 310 | | per cent of the amounts received by the state from the tax imposed 239 |
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311 | 311 | | under [subparagraph (B)] subparagraphs (B)(i) and (B)(ii) of this 240 |
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312 | 312 | | subdivision and ten and seven-tenths per cent of the amounts received 241 |
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313 | 313 | | by the state from the tax imposed under subparagraph (G) of this 242 |
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314 | 314 | | subdivision; 243 |
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315 | 315 | | (ii) For calendar quarters ending on or after September 30, 2018, the 244 |
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316 | 316 | | commissioner shall deposit into the Tourism Fund established under 245 |
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317 | 317 | | section 10-395b ten per cent of the amounts received by the state from 246 |
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318 | 318 | | the tax imposed under [subparagraph (B)] subparagraphs (B)(i) and 247 |
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319 | 319 | | (B)(ii) of this subdivision; 248 |
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320 | 320 | | (J) For calendar months commencing on or after July 1, 2021, the 249 |
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321 | 321 | | commissioner shall deposit into said municipal revenue sharing 250 |
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322 | 322 | | account seven and nine-tenths per cent of the amounts received by the 251 |
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323 | 323 | | state from the tax imposed under subparagraph (A) of this 252 |
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324 | 324 | | subdivision; and 253 |
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325 | 325 | | (K) (i) For calendar months commencing on or after July 1, 2017, the 254 |
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326 | 326 | | commissioner shall deposit into said Special Transportation Fund 255 |
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327 | 327 | | seven and nine-tenths per cent of the amounts received by the state 256 |
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328 | 328 | | from the tax imposed under subparagraph (A) of this subdivision; 257 |
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329 | 329 | | (ii) For calendar months commencing on or after July 1, 2018, but 258 |
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330 | 330 | | prior to July 1, 2019, the commissioner shall deposit into the Special 259 |
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331 | 331 | | Transportation Fund established under section 13b-68 eight per cent of 260 |
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332 | 332 | | the amounts received by the state from the tax imposed under 261 |
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333 | 333 | | subparagraphs (A) and (H) of this subdivision on the acceptance or 262 |
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334 | 334 | | receipt in this state of a motor vehicle; 263 |
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335 | 335 | | (iii) For calendar months commencing on or after July 1, 2019, but 264 |
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336 | 336 | | Raised Bill No. 7410 |
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337 | 337 | | |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LCO No. 6787 10 of 88 |
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341 | 341 | | |
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342 | 342 | | prior to July 1, 2020, the commissioner shall deposit into the Special 265 |
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343 | 343 | | Transportation Fund established under section 13b-68 thirty-three per 266 |
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344 | 344 | | cent of the amounts received by the state from the tax imposed under 267 |
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345 | 345 | | subparagraphs (A) and (H) of this subdivision on the acceptance or 268 |
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346 | 346 | | receipt in this state of a motor vehicle; 269 |
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347 | 347 | | (iv) For calendar months commencing on or after July 1, 2020, but 270 |
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348 | 348 | | prior to July 1, 2021, the commissioner shall deposit into the Special 271 |
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349 | 349 | | Transportation Fund established under section 13b-68 fifty-six per cent 272 |
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350 | 350 | | of the amounts received by the state from the tax imposed under 273 |
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351 | 351 | | subparagraphs (A) and (H) of this subdivision on the acceptance or 274 |
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352 | 352 | | receipt in this state of a motor vehicle; 275 |
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353 | 353 | | (v) For calendar months commencing on or after July 1, 2021, but 276 |
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354 | 354 | | prior to July 1, 2022, the commissioner shall deposit into the Special 277 |
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355 | 355 | | Transportation Fund established under section 13b-68 seventy-five per 278 |
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356 | 356 | | cent of the amounts received by the state from the tax imposed under 279 |
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357 | 357 | | subparagraphs (A) and (H) of this subdivision on the acceptance or 280 |
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358 | 358 | | receipt in this state of a motor vehicle; and 281 |
---|
359 | 359 | | (vi) For calendar months commencing on or after July 1, 2022, the 282 |
---|
360 | 360 | | commissioner shall deposit into the Special Transportation Fund 283 |
---|
361 | 361 | | established under section 13b-68 one hundred per cent of the amounts 284 |
---|
362 | 362 | | received by the state from the tax imposed under subparagraphs (A) 285 |
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363 | 363 | | and (H) of this subdivision on the acceptance or receipt in this state of 286 |
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364 | 364 | | a motor vehicle. 287 |
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365 | 365 | | Sec. 3. Subdivision (13) of subsection (a) of section 12-407 of the 288 |
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366 | 366 | | general statutes is repealed and the following is substituted in lieu 289 |
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367 | 367 | | thereof (Effective January 1, 2020, and applicable to sales occurring on or 290 |
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368 | 368 | | after January 1, 2020): 291 |
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369 | 369 | | (13) "Tangible personal property" means personal property [which] 292 |
---|
370 | 370 | | that may be seen, weighed, measured, felt or touched or [which] that is 293 |
---|
371 | 371 | | in any other manner perceptible to the senses. [including] "Tangible 294 |
---|
372 | 372 | | personal property" includes (A) digital goods and canned or 295 |
---|
373 | 373 | | Raised Bill No. 7410 |
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374 | 374 | | |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LCO No. 6787 11 of 88 |
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378 | 378 | | |
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379 | 379 | | prewritten computer software, [. Tangible personal property includes] 296 |
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380 | 380 | | including prewritten software that is electronically accessed or 297 |
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381 | 381 | | transferred and any additional content related to such software, and 298 |
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382 | 382 | | (B) the distribution, generation or transmission of electricity. 299 |
---|
383 | 383 | | Sec. 4. Subsection (a) of section 12-407 of the general statutes is 300 |
---|
384 | 384 | | amended by adding subdivision (43) as follows (Effective January 1, 301 |
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385 | 385 | | 2020, and applicable to sales occurring on or after January 1, 2020): 302 |
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386 | 386 | | (NEW) (43) "Digital goods" means audio works, visual works, 303 |
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387 | 387 | | audio-visual works, reading materials or ring tones, that are 304 |
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388 | 388 | | electronically accessed or transferred. 305 |
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389 | 389 | | Sec. 5. Subdivision (37) of subsection (a) of section 12-407 of the 306 |
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390 | 390 | | general statutes is repealed and the following is substituted in lieu 307 |
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391 | 391 | | thereof (Effective January 1, 2020, and applicable to sales occurring on or 308 |
---|
392 | 392 | | after January 1, 2020): 309 |
---|
393 | 393 | | (37) "Services" for purposes of subdivision (2) of this subsection, 310 |
---|
394 | 394 | | means: 311 |
---|
395 | 395 | | (A) Computer and data processing services, including, but not 312 |
---|
396 | 396 | | limited to, time, programming, code writing, modification of existing 313 |
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397 | 397 | | programs, feasibility studies and installation and implementation of 314 |
---|
398 | 398 | | software programs and systems even where such services are rendered 315 |
---|
399 | 399 | | in connection with the development, creation or production of canned 316 |
---|
400 | 400 | | or custom software or the license of custom software, but excluding 317 |
---|
401 | 401 | | digital goods; 318 |
---|
402 | 402 | | (B) Credit information and reporting services; 319 |
---|
403 | 403 | | (C) Services by employment agencies and agencies providing 320 |
---|
404 | 404 | | personnel services; 321 |
---|
405 | 405 | | (D) Private investigation, protection, patrol work, watchman and 322 |
---|
406 | 406 | | armored car services, exclusive of (i) services of off-duty police officers 323 |
---|
407 | 407 | | and off-duty firefighters, and (ii) coin and currency services provided 324 |
---|
408 | 408 | | Raised Bill No. 7410 |
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409 | 409 | | |
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410 | 410 | | |
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411 | 411 | | |
---|
412 | 412 | | LCO No. 6787 12 of 88 |
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413 | 413 | | |
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414 | 414 | | to a financial services company by or through another financial 325 |
---|
415 | 415 | | services company. For purposes of this subparagraph, "financial 326 |
---|
416 | 416 | | services company" has the same meaning as provided under 327 |
---|
417 | 417 | | subparagraphs (A) to (H), inclusive, of subdivision (6) of subsection (a) 328 |
---|
418 | 418 | | of section 12-218b; 329 |
---|
419 | 419 | | (E) Painting and lettering services; 330 |
---|
420 | 420 | | (F) Photographic studio services; 331 |
---|
421 | 421 | | (G) Telephone answering services; 332 |
---|
422 | 422 | | (H) Stenographic services; 333 |
---|
423 | 423 | | (I) Services to industrial, commercial, [or] income-producing or 334 |
---|
424 | 424 | | residential real property, including, but not limited to, such services as 335 |
---|
425 | 425 | | management, electrical, plumbing, painting and carpentry, provided 336 |
---|
426 | 426 | | income-producing property shall not include [property used 337 |
---|
427 | 427 | | exclusively for residential purposes in which the owner resides and 338 |
---|
428 | 428 | | which contains no more than three dwelling units, or] a housing 339 |
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429 | 429 | | facility for low and moderate income families and persons owned or 340 |
---|
430 | 430 | | operated by a nonprofit housing organization, as defined in 341 |
---|
431 | 431 | | subdivision (29) of section 12-412; 342 |
---|
432 | 432 | | (J) Business analysis, management, management consulting and 343 |
---|
433 | 433 | | public relations services, excluding (i) any environmental consulting 344 |
---|
434 | 434 | | services, (ii) any training services provided by an institution of higher 345 |
---|
435 | 435 | | education licensed or accredited by the Board of Regents for Higher 346 |
---|
436 | 436 | | Education or Office of Higher Education pursuant to sections 10a-35a 347 |
---|
437 | 437 | | and 10a-34, respectively, and (iii) on and after January 1, 1994, any 348 |
---|
438 | 438 | | business analysis, management, management consulting and public 349 |
---|
439 | 439 | | relations services when such services are rendered in connection with 350 |
---|
440 | 440 | | an aircraft leased or owned by a certificated air carrier or in connection 351 |
---|
441 | 441 | | with an aircraft which has a maximum certificated take-off weight of 352 |
---|
442 | 442 | | six thousand pounds or more; 353 |
---|
443 | 443 | | Raised Bill No. 7410 |
---|
444 | 444 | | |
---|
445 | 445 | | |
---|
446 | 446 | | |
---|
447 | 447 | | LCO No. 6787 13 of 88 |
---|
448 | 448 | | |
---|
449 | 449 | | (K) Services providing "piped-in" music to business or professional 354 |
---|
450 | 450 | | establishments; 355 |
---|
451 | 451 | | (L) Flight instruction and chartering services by a certificated air 356 |
---|
452 | 452 | | carrier on an aircraft, the use of which for such purposes, but for the 357 |
---|
453 | 453 | | provisions of subdivision (4) of section 12-410 and subdivision (12) of 358 |
---|
454 | 454 | | section 12-411, would be deemed a retail sale and a taxable storage or 359 |
---|
455 | 455 | | use, respectively, of such aircraft by such carrier; 360 |
---|
456 | 456 | | (M) Motor vehicle repair services, including any type of repair, 361 |
---|
457 | 457 | | painting or replacement related to the body or any of the operating 362 |
---|
458 | 458 | | parts of a motor vehicle; 363 |
---|
459 | 459 | | (N) Motor vehicle parking, [including the provision of space, other 364 |
---|
460 | 460 | | than metered space, in a lot having thirty or more spaces,] excluding 365 |
---|
461 | 461 | | [(i)] space in a parking lot owned or leased under the terms of a lease 366 |
---|
462 | 462 | | of not less than ten years' duration and operated by an employer for 367 |
---|
463 | 463 | | the exclusive use of its employees; [, (ii) space in municipally operated 368 |
---|
464 | 464 | | railroad parking facilities in municipalities located within an area of 369 |
---|
465 | 465 | | the state designated as a severe nonattainment area for ozone under 370 |
---|
466 | 466 | | the federal Clean Air Act or space in a railroad parking facility in a 371 |
---|
467 | 467 | | municipality located within an area of the state designated as a severe 372 |
---|
468 | 468 | | nonattainment area for ozone under the federal Clean Air Act owned 373 |
---|
469 | 469 | | or operated by the state on or after April 1, 2000, (iii) space in a 374 |
---|
470 | 470 | | seasonal parking lot provided by an entity subject to the exemption set 375 |
---|
471 | 471 | | forth in subdivision (1) of section 12-412, and (iv) space in a 376 |
---|
472 | 472 | | municipally owned parking lot;] 377 |
---|
473 | 473 | | (O) Radio or television repair services; 378 |
---|
474 | 474 | | (P) Furniture reupholstering and repair services; 379 |
---|
475 | 475 | | (Q) Repair services to any electrical or electronic device, including, 380 |
---|
476 | 476 | | but not limited to, equipment used for purposes of refrigeration or 381 |
---|
477 | 477 | | air-conditioning; 382 |
---|
478 | 478 | | Raised Bill No. 7410 |
---|
479 | 479 | | |
---|
480 | 480 | | |
---|
481 | 481 | | |
---|
482 | 482 | | LCO No. 6787 14 of 88 |
---|
483 | 483 | | |
---|
484 | 484 | | (R) Lobbying or consulting services for purposes of representing the 383 |
---|
485 | 485 | | interests of a client in relation to the functions of any governmental 384 |
---|
486 | 486 | | entity or instrumentality; 385 |
---|
487 | 487 | | (S) Services of the agent of any person in relation to the sale of any 386 |
---|
488 | 488 | | item of tangible personal property for such person, exclusive of the 387 |
---|
489 | 489 | | services of a consignee selling works of art, as defined in subsection (b) 388 |
---|
490 | 490 | | of section 12-376c, or articles of clothing or footwear intended to be 389 |
---|
491 | 491 | | worn on or about the human body other than (i) any special clothing 390 |
---|
492 | 492 | | or footwear primarily designed for athletic activity or protective use 391 |
---|
493 | 493 | | and which is not normally worn except when used for the athletic 392 |
---|
494 | 494 | | activity or protective use for which it was designed, and (ii) jewelry, 393 |
---|
495 | 495 | | handbags, luggage, umbrellas, wallets, watches and similar items 394 |
---|
496 | 496 | | carried on or about the human body but not worn on the body, under 395 |
---|
497 | 497 | | consignment, exclusive of services provided by an auctioneer; 396 |
---|
498 | 498 | | (T) Locksmith services; 397 |
---|
499 | 499 | | (U) Advertising or public relations services, including layout, art 398 |
---|
500 | 500 | | direction, graphic design, mechanical preparation or production 399 |
---|
501 | 501 | | supervision, not related to the development of media advertising or 400 |
---|
502 | 502 | | cooperative direct mail advertising; 401 |
---|
503 | 503 | | (V) Landscaping and horticulture services; 402 |
---|
504 | 504 | | (W) Window cleaning services; 403 |
---|
505 | 505 | | (X) [Maintenance services] Services to buildings and dwellings, 404 |
---|
506 | 506 | | including, but not limited to, maintenance, repair, renovation, exterior 405 |
---|
507 | 507 | | cleaning, chimney cleaning, driveway cleaning, duct cleaning, drain or 406 |
---|
508 | 508 | | gutter cleaning, refuse collection, snow plowing and all other such 407 |
---|
509 | 509 | | services not specifically enumerated herein; 408 |
---|
510 | 510 | | (Y) Janitorial services; 409 |
---|
511 | 511 | | (Z) Exterminating services; 410 |
---|
512 | 512 | | Raised Bill No. 7410 |
---|
513 | 513 | | |
---|
514 | 514 | | |
---|
515 | 515 | | |
---|
516 | 516 | | LCO No. 6787 15 of 88 |
---|
517 | 517 | | |
---|
518 | 518 | | (AA) Swimming pool cleaning and maintenance services; 411 |
---|
519 | 519 | | (BB) [Miscellaneous personal services included in industry group 412 |
---|
520 | 520 | | 729 in the Standard Industrial Classification Manual, United States 413 |
---|
521 | 521 | | Office of Management and Budget, 1987 edition, or U.S. industry 414 |
---|
522 | 522 | | 532220, 812191, 812199 or 812990 in] Personal and laundry services 415 |
---|
523 | 523 | | described in industry group 812 of the North American Industrial 416 |
---|
524 | 524 | | Classification System United States Manual, United States Office of 417 |
---|
525 | 525 | | Management and Budget (NAICS), [1997] 2017 edition, exclusive of [(i) 418 |
---|
526 | 526 | | services rendered by massage therapists licensed pursuant to chapter 419 |
---|
527 | 527 | | 384a, and (ii) services rendered by an electrologist licensed pursuant to 420 |
---|
528 | 528 | | chapter 388] death care services described in industry group 8122 of 421 |
---|
529 | 529 | | the NAICS, 2017 edition and diaper cleaning services; 422 |
---|
530 | 530 | | (CC) Any repair or maintenance service to any item of tangible 423 |
---|
531 | 531 | | personal property including any contract of warranty or service related 424 |
---|
532 | 532 | | to any such item; 425 |
---|
533 | 533 | | (DD) Business analysis, management or managing consulting 426 |
---|
534 | 534 | | services rendered by a general partner, or an affiliate thereof, to a 427 |
---|
535 | 535 | | limited partnership, provided (i) the general partner, or an affiliate 428 |
---|
536 | 536 | | thereof, is compensated for the rendition of such services other than 429 |
---|
537 | 537 | | through a distributive share of partnership profits or an annual 430 |
---|
538 | 538 | | percentage of partnership capital or assets established in the limited 431 |
---|
539 | 539 | | partnership's offering statement, and (ii) the general partner, or an 432 |
---|
540 | 540 | | affiliate thereof, offers such services to others, including any other 433 |
---|
541 | 541 | | partnership. As used in this subparagraph "an affiliate of a general 434 |
---|
542 | 542 | | partner" means an entity which is directly or indirectly owned fifty per 435 |
---|
543 | 543 | | cent or more in common with a general partner; 436 |
---|
544 | 544 | | (EE) Notwithstanding the provisions of section 12-412, as amended 437 |
---|
545 | 545 | | by this act, except subdivision (87) of said section, [12-412,] patient care 438 |
---|
546 | 546 | | services, as defined in subdivision (29) of this subsection by a hospital, 439 |
---|
547 | 547 | | except that "sale" and "selling" does not include such patient care 440 |
---|
548 | 548 | | services for which payment is received by the hospital during the 441 |
---|
549 | 549 | | Raised Bill No. 7410 |
---|
550 | 550 | | |
---|
551 | 551 | | |
---|
552 | 552 | | |
---|
553 | 553 | | LCO No. 6787 16 of 88 |
---|
554 | 554 | | |
---|
555 | 555 | | period commencing July 1, 2001, and ending June 30, 2003; 442 |
---|
556 | 556 | | (FF) Health and athletic club services, exclusive of (i) any such 443 |
---|
557 | 557 | | services provided without any additional charge which are included in 444 |
---|
558 | 558 | | any dues or initiation fees paid to any such club, which dues or fees 445 |
---|
559 | 559 | | are subject to tax under section 12-543, and (ii) any such services 446 |
---|
560 | 560 | | provided by a municipality or an organization that is described in 447 |
---|
561 | 561 | | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 448 |
---|
562 | 562 | | corresponding internal revenue code of the United States, as from time 449 |
---|
563 | 563 | | to time amended; 450 |
---|
564 | 564 | | (GG) Motor vehicle storage services, including storage of motor 451 |
---|
565 | 565 | | homes, campers and camp trailers, other than the furnishing of space 452 |
---|
566 | 566 | | as described in subparagraph (P) of subdivision (2) of this subsection; 453 |
---|
567 | 567 | | (HH) Packing and crating services, other than those provided in 454 |
---|
568 | 568 | | connection with the sale of tangible personal property by the retailer of 455 |
---|
569 | 569 | | such property; 456 |
---|
570 | 570 | | (II) Motor vehicle towing and road services, other than motor 457 |
---|
571 | 571 | | vehicle repair services; 458 |
---|
572 | 572 | | (JJ) Intrastate transportation services provided by livery services, 459 |
---|
573 | 573 | | including limousines, community cars or vans, with a driver. Intrastate 460 |
---|
574 | 574 | | transportation services shall not include transportation by taxicab, 461 |
---|
575 | 575 | | motor bus, ambulance or ambulette, scheduled public transportation, 462 |
---|
576 | 576 | | nonemergency medical transportation provided under the Medicaid 463 |
---|
577 | 577 | | program, paratransit services provided by agreement or arrangement 464 |
---|
578 | 578 | | with the state or any political subdivision of the state, dial-a-ride 465 |
---|
579 | 579 | | services or services provided in connection with funerals; 466 |
---|
580 | 580 | | (KK) [Pet] Animal grooming and [pet] animal boarding services, 467 |
---|
581 | 581 | | [except if such services are provided as an integral part of professional 468 |
---|
582 | 582 | | veterinary services,] and pet obedience services; 469 |
---|
583 | 583 | | (LL) Services in connection with a cosmetic medical procedure. For 470 |
---|
584 | 584 | | Raised Bill No. 7410 |
---|
585 | 585 | | |
---|
586 | 586 | | |
---|
587 | 587 | | |
---|
588 | 588 | | LCO No. 6787 17 of 88 |
---|
589 | 589 | | |
---|
590 | 590 | | purposes of this subparagraph, "cosmetic medical procedure" means 471 |
---|
591 | 591 | | any medical procedure performed on an individual that is directed at 472 |
---|
592 | 592 | | improving the individual's appearance and that does not meaningfully 473 |
---|
593 | 593 | | promote the proper function of the body or prevent or treat illness or 474 |
---|
594 | 594 | | disease. "Cosmetic medical procedure" includes, but is not limited to, 475 |
---|
595 | 595 | | cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft 476 |
---|
596 | 596 | | tissue fillers, dermabrasion and chemical peel, laser hair removal, laser 477 |
---|
597 | 597 | | skin resurfacing, laser treatment of leg veins and sclerotherapy. 478 |
---|
598 | 598 | | "Cosmetic medical procedure" does not include reconstructive surgery. 479 |
---|
599 | 599 | | "Reconstructive surgery" includes any surgery performed on abnormal 480 |
---|
600 | 600 | | structures caused by or related to congenital defects, developmental 481 |
---|
601 | 601 | | abnormalities, trauma, infection, tumors or disease, including 482 |
---|
602 | 602 | | procedures to improve function or give a more normal appearance; 483 |
---|
603 | 603 | | (MM) Manicure services, pedicure services and all other nail 484 |
---|
604 | 604 | | services, regardless of where performed, including airbrushing, fills, 485 |
---|
605 | 605 | | full sets, nail sculpting, paraffin treatments and polishes; 486 |
---|
606 | 606 | | (NN) Spa services, regardless of where performed, including body 487 |
---|
607 | 607 | | waxing and wraps, peels, scrubs and facials; [and] 488 |
---|
608 | 608 | | (OO) Car wash services, including coin-operated car washes; [.] 489 |
---|
609 | 609 | | (PP) Travel arrangement and reservation services described in 490 |
---|
610 | 610 | | industry group 5615 of the NAICS, 2017 edition, as amended from 491 |
---|
611 | 611 | | time to time; 492 |
---|
612 | 612 | | (QQ) Interior design services described in industry group 54141 of 493 |
---|
613 | 613 | | the NAICS, 2017 edition, as amended from time to time; 494 |
---|
614 | 614 | | (RR) Veterinary services described in industry group 54194 of the 495 |
---|
615 | 615 | | NAICS, 2017 edition, as amended from time to time; 496 |
---|
616 | 616 | | (SS) Sports and recreation instruction services described in industry 497 |
---|
617 | 617 | | group 61162 of the NAICS, 2017 edition, as amended from time to 498 |
---|
618 | 618 | | time; and 499 |
---|
619 | 619 | | Raised Bill No. 7410 |
---|
620 | 620 | | |
---|
621 | 621 | | |
---|
622 | 622 | | |
---|
623 | 623 | | LCO No. 6787 18 of 88 |
---|
624 | 624 | | |
---|
625 | 625 | | (TT) Waste management and remediation services provided by 500 |
---|
626 | 626 | | establishments described in industry group 5621 of the NAICS, 2017 501 |
---|
627 | 627 | | edition, as amended from time to time. 502 |
---|
628 | 628 | | Sec. 6. Section 12-412 of the general statutes is amended by adding 503 |
---|
629 | 629 | | subdivision (124) as follows (Effective January 1, 2020, and applicable to 504 |
---|
630 | 630 | | sales occurring on or after January 1, 2020): 505 |
---|
631 | 631 | | (NEW) (124) (A) Sales of services set forth in subparagraphs (PP) to 506 |
---|
632 | 632 | | (RR), inclusive, and subparagraph (TT) of subdivision (37) of 507 |
---|
633 | 633 | | subsection (a) of section 12-407, as amended by this act, and sales of 508 |
---|
634 | 634 | | digital goods, that are purchased by a business for use by such 509 |
---|
635 | 635 | | business. 510 |
---|
636 | 636 | | (B) Each purchaser of services or digital goods exempt pursuant to 511 |
---|
637 | 637 | | the provisions of this subdivision shall present, in order to qualify for 512 |
---|
638 | 638 | | such exemption, a certificate to the retailer, in such form as the 513 |
---|
639 | 639 | | commissioner may prescribe, certifying that the purchaser is a business 514 |
---|
640 | 640 | | and is purchasing such services for its business. The purchaser of the 515 |
---|
641 | 641 | | services or digital goods shall be liable for the tax otherwise imposed if 516 |
---|
642 | 642 | | the certificate is improperly provided to the retailer, and any person 517 |
---|
643 | 643 | | who wilfully delivers a certificate that is known to be fraudulent or 518 |
---|
644 | 644 | | false in any material matter to a retailer shall, in addition to any other 519 |
---|
645 | 645 | | penalty provided by law, be guilty of a class D felony. 520 |
---|
646 | 646 | | Sec. 7. Subdivision (120) of section 12-412 of the general statutes is 521 |
---|
647 | 647 | | repealed and the following is substituted in lieu thereof (Effective 522 |
---|
648 | 648 | | January 1, 2020, and applicable to sales occurring on or after January 1, 523 |
---|
649 | 649 | | 2020): 524 |
---|
650 | 650 | | (120) [On and after April 1, 2015, sales of the following 525 |
---|
651 | 651 | | nonprescription drugs or medicines available for purchase for use in or 526 |
---|
652 | 652 | | on the body: Vitamin or mineral concentrates; dietary supplements; 527 |
---|
653 | 653 | | natural or herbal drugs or medicines; products intended to be taken for 528 |
---|
654 | 654 | | coughs, cold, asthma or allergies, or antihistamines; laxatives; 529 |
---|
655 | 655 | | antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 530 |
---|
656 | 656 | | Raised Bill No. 7410 |
---|
657 | 657 | | |
---|
658 | 658 | | |
---|
659 | 659 | | |
---|
660 | 660 | | LCO No. 6787 19 of 88 |
---|
661 | 661 | | |
---|
662 | 662 | | and antifungal medicines; antiseptics; astringents; anesthetics; 531 |
---|
663 | 663 | | steroidal medicines; anthelmintics; emetics and antiemetics; antacids; 532 |
---|
664 | 664 | | and any medication prepared to be used in the eyes, ears or nose. 533 |
---|
665 | 665 | | Nonprescription drugs or medicines shall not include cosmetics, 534 |
---|
666 | 666 | | dentrifrices, mouthwash, shaving and hair care products, soaps or 535 |
---|
667 | 667 | | deodorants] Sales of marijuana sold pursuant to chapter 420f by a 536 |
---|
668 | 668 | | licensed dispensary for palliative use. 537 |
---|
669 | 669 | | Sec. 8. Subparagraph (H) of subdivision (2) of subsection (a) of 538 |
---|
670 | 670 | | section 12-407 of the general statutes is repealed and the following is 539 |
---|
671 | 671 | | substituted in lieu thereof (Effective January 1, 2020, and applicable to 540 |
---|
672 | 672 | | sales occurring on or after January 1, 2020): 541 |
---|
673 | 673 | | (H) A transfer for a consideration of the occupancy of any room or 542 |
---|
674 | 674 | | rooms in a hotel, lodging house or bed and breakfast establishment or 543 |
---|
675 | 675 | | of any space in a campground, for a period of thirty consecutive 544 |
---|
676 | 676 | | calendar days or less; 545 |
---|
677 | 677 | | Sec. 9. Subparagraph (A) of subdivision (3) of subsection (a) of 546 |
---|
678 | 678 | | section 12-407 of the general statutes is repealed and the following is 547 |
---|
679 | 679 | | substituted in lieu thereof (Effective January 1, 2020, and applicable to 548 |
---|
680 | 680 | | sales occurring on or after January 1, 2020): 549 |
---|
681 | 681 | | (3) (A) "Retail sale" or "sale at retail" means and includes a sale for 550 |
---|
682 | 682 | | any purpose other than resale in the regular course of business of (i) 551 |
---|
683 | 683 | | tangible personal property, [or] (ii) a transfer for a consideration of the 552 |
---|
684 | 684 | | occupancy of (I) any room or rooms in a hotel, lodging house or bed 553 |
---|
685 | 685 | | and breakfast establishment for a period of thirty consecutive calendar 554 |
---|
686 | 686 | | days or less, or (II) any space in a campground for a period of thirty 555 |
---|
687 | 687 | | consecutive calendar days or less, or (iii) the rendering of any service 556 |
---|
688 | 688 | | described in subdivision (2) of this subsection. The delivery in this 557 |
---|
689 | 689 | | state of tangible personal property by an owner or former owner 558 |
---|
690 | 690 | | thereof or by a factor, if the delivery is to a consumer pursuant to a 559 |
---|
691 | 691 | | retail sale made by a retailer not engaged in business in this state, is a 560 |
---|
692 | 692 | | retail sale in this state by the person making the delivery. Such person 561 |
---|
693 | 693 | | Raised Bill No. 7410 |
---|
694 | 694 | | |
---|
695 | 695 | | |
---|
696 | 696 | | |
---|
697 | 697 | | LCO No. 6787 20 of 88 |
---|
698 | 698 | | |
---|
699 | 699 | | shall include the retail selling price of the property in such person's 562 |
---|
700 | 700 | | gross receipts. 563 |
---|
701 | 701 | | Sec. 10. Subdivision (7) of subsection (a) of section 12-407 of the 564 |
---|
702 | 702 | | general statutes is repealed and the following is substituted in lieu 565 |
---|
703 | 703 | | thereof (Effective January 1, 2020, and applicable to sales occurring on or 566 |
---|
704 | 704 | | after January 1, 2020): 567 |
---|
705 | 705 | | (7) "Purchase" and "purchasing" means and includes: (A) Any 568 |
---|
706 | 706 | | transfer, exchange or barter, conditional or otherwise, in any manner 569 |
---|
707 | 707 | | or by any means whatsoever, of (i) tangible personal property for a 570 |
---|
708 | 708 | | consideration, or (ii) of the occupancy of any room or rooms in a hotel, 571 |
---|
709 | 709 | | lodging house or bed and breakfast establishment for a period of thirty 572 |
---|
710 | 710 | | consecutive calendar days or less for a consideration or of any space in 573 |
---|
711 | 711 | | a campground for a period of thirty consecutive calendar days or less 574 |
---|
712 | 712 | | for a consideration; (B) a transaction whereby the possession of 575 |
---|
713 | 713 | | property is transferred but the seller retains the title as security for the 576 |
---|
714 | 714 | | payment of the price; (C) a transfer for a consideration of tangible 577 |
---|
715 | 715 | | personal property which has been produced, fabricated or printed to 578 |
---|
716 | 716 | | the special order of the customer, or of any publication; (D) when 579 |
---|
717 | 717 | | performed outside this state or when the customer gives a resale 580 |
---|
718 | 718 | | certificate pursuant to section 12-410, the producing, fabricating, 581 |
---|
719 | 719 | | processing, printing or imprinting of tangible personal property for a 582 |
---|
720 | 720 | | consideration for consumers who furnish either directly or indirectly 583 |
---|
721 | 721 | | the materials used in the producing, fabricating, processing, printing 584 |
---|
722 | 722 | | or imprinting; (E) the acceptance or receipt of any service described in 585 |
---|
723 | 723 | | any of the subparagraphs of subdivision (2) of this subsection; (F) any 586 |
---|
724 | 724 | | leasing or rental of tangible personal property. Wherever in this 587 |
---|
725 | 725 | | chapter reference is made to the purchase or purchasing of tangible 588 |
---|
726 | 726 | | personal property, it shall be construed to include purchases as 589 |
---|
727 | 727 | | described in this subsection. 590 |
---|
728 | 728 | | Sec. 11. Subparagraph (A) of subdivision (8) of subsection (a) of 591 |
---|
729 | 729 | | section 12-407 of the general statutes is repealed and the following is 592 |
---|
730 | 730 | | substituted in lieu thereof (Effective January 1, 2020, and applicable to 593 |
---|
731 | 731 | | Raised Bill No. 7410 |
---|
732 | 732 | | |
---|
733 | 733 | | |
---|
734 | 734 | | |
---|
735 | 735 | | LCO No. 6787 21 of 88 |
---|
736 | 736 | | |
---|
737 | 737 | | sales occurring on or after January 1, 2020): 594 |
---|
738 | 738 | | (8) (A) "Sales price" means the total amount for which tangible 595 |
---|
739 | 739 | | personal property is sold by a retailer, the total amount of rent for 596 |
---|
740 | 740 | | which occupancy of a room or of a space in a campground is 597 |
---|
741 | 741 | | transferred by an operator, the total amount for which any service 598 |
---|
742 | 742 | | described in subdivision (2) of this subsection is rendered by a retailer 599 |
---|
743 | 743 | | or the total amount of payment or periodic payments for which 600 |
---|
744 | 744 | | tangible personal property is leased by a retailer, valued in money, 601 |
---|
745 | 745 | | whether paid in money or otherwise, which amount is due and owing 602 |
---|
746 | 746 | | to the retailer or operator and, subject to the provisions of subdivision 603 |
---|
747 | 747 | | (1) of section 12-408, as amended by this act, whether or not actually 604 |
---|
748 | 748 | | received by the retailer or operator, without any deduction on account 605 |
---|
749 | 749 | | of any of the following: (i) The cost of the property sold; (ii) the cost of 606 |
---|
750 | 750 | | materials used, labor or service cost, interest charged, losses or any 607 |
---|
751 | 751 | | other expenses; (iii) for any sale occurring on or after July 1, 1993, any 608 |
---|
752 | 752 | | charges by the retailer to the purchaser for shipping or delivery, 609 |
---|
753 | 753 | | notwithstanding whether such charges are separately stated in a 610 |
---|
754 | 754 | | written contract, or on a bill or invoice rendered to such purchaser or 611 |
---|
755 | 755 | | whether such shipping or delivery is provided by the retailer or a third 612 |
---|
756 | 756 | | party. The provisions of subparagraph (A) (iii) of this subdivision shall 613 |
---|
757 | 757 | | not apply to any item exempt from taxation pursuant to section 12-412, 614 |
---|
758 | 758 | | as amended by this act. Such total amount includes any services that 615 |
---|
759 | 759 | | are a part of the sale; except as otherwise provided in subparagraph 616 |
---|
760 | 760 | | (B)(v) or (B)(vi) of this subdivision, any amount for which credit is 617 |
---|
761 | 761 | | given to the purchaser by the retailer, and all compensation and all 618 |
---|
762 | 762 | | employment-related expenses, whether or not separately stated, paid 619 |
---|
763 | 763 | | to or on behalf of employees of a retailer of any service described in 620 |
---|
764 | 764 | | subdivision (2) of this subsection. 621 |
---|
765 | 765 | | Sec. 12. Subparagraph (A) of subdivision (9) of subsection (a) of 622 |
---|
766 | 766 | | section 12-407 of the general statutes is repealed and the following is 623 |
---|
767 | 767 | | substituted in lieu thereof (Effective January 1, 2020, and applicable to 624 |
---|
768 | 768 | | sales occurring on or after January 1, 2020): 625 |
---|
769 | 769 | | Raised Bill No. 7410 |
---|
770 | 770 | | |
---|
771 | 771 | | |
---|
772 | 772 | | |
---|
773 | 773 | | LCO No. 6787 22 of 88 |
---|
774 | 774 | | |
---|
775 | 775 | | (9) (A) "Gross receipts" means the total amount of the sales price 626 |
---|
776 | 776 | | from retail sales of tangible personal property by a retailer, the total 627 |
---|
777 | 777 | | amount of the rent from transfers of occupancy of rooms or of space in 628 |
---|
778 | 778 | | a campground by an operator, the total amount of the sales price from 629 |
---|
779 | 779 | | retail sales of any service described in subdivision (2) of this subsection 630 |
---|
780 | 780 | | by a retailer of services, or the total amount of payment or periodic 631 |
---|
781 | 781 | | payments from leases or rentals of tangible personal property by a 632 |
---|
782 | 782 | | retailer, valued in money, whether received in money or otherwise, 633 |
---|
783 | 783 | | which amount is due and owing to the retailer or operator and, subject 634 |
---|
784 | 784 | | to the provisions of subdivision (1) of section 12-408, as amended by 635 |
---|
785 | 785 | | this act, whether or not actually received by the retailer or operator, 636 |
---|
786 | 786 | | without any deduction on account of any of the following: (i) The cost 637 |
---|
787 | 787 | | of the property sold; however, in accordance with such regulations as 638 |
---|
788 | 788 | | the Commissioner of Revenue Services may prescribe, a deduction 639 |
---|
789 | 789 | | may be taken if the retailer has purchased property for some other 640 |
---|
790 | 790 | | purpose than resale, has reimbursed the retailer's vendor for tax which 641 |
---|
791 | 791 | | the vendor is required to pay to the state or has paid the use tax with 642 |
---|
792 | 792 | | respect to the property, and has resold the property prior to making 643 |
---|
793 | 793 | | any use of the property other than retention, demonstration or display 644 |
---|
794 | 794 | | while holding it for sale in the regular course of business. If such a 645 |
---|
795 | 795 | | deduction is taken by the retailer, no refund or credit will be allowed 646 |
---|
796 | 796 | | to the retailer's vendor with respect to the sale of the property; (ii) the 647 |
---|
797 | 797 | | cost of the materials used, labor or service cost, interest paid, losses or 648 |
---|
798 | 798 | | any other expense; (iii) for any sale occurring on or after July 1, 1993, 649 |
---|
799 | 799 | | except for any item exempt from taxation pursuant to section 12-412, 650 |
---|
800 | 800 | | as amended by this act, any charges by the retailer to the purchaser for 651 |
---|
801 | 801 | | shipping or delivery, notwithstanding whether such charges are 652 |
---|
802 | 802 | | separately stated in the written contract, or on a bill or invoice 653 |
---|
803 | 803 | | rendered to such purchaser or whether such shipping or delivery is 654 |
---|
804 | 804 | | provided by the retailer or a third party. The total amount of the sales 655 |
---|
805 | 805 | | price includes any services that are a part of the sale; all receipts, cash, 656 |
---|
806 | 806 | | credits and property of any kind; except as otherwise provided in 657 |
---|
807 | 807 | | subparagraph (B)(v) or (B)(vi) of this subdivision, any amount for 658 |
---|
808 | 808 | | which credit is allowed by the retailer to the purchaser; and all 659 |
---|
809 | 809 | | Raised Bill No. 7410 |
---|
810 | 810 | | |
---|
811 | 811 | | |
---|
812 | 812 | | |
---|
813 | 813 | | LCO No. 6787 23 of 88 |
---|
814 | 814 | | |
---|
815 | 815 | | compensation and all employment-related expenses, whether or not 660 |
---|
816 | 816 | | separately stated, paid to or on behalf of employees of a retailer of any 661 |
---|
817 | 817 | | service described in subdivision (2) of this subsection. 662 |
---|
818 | 818 | | Sec. 13. Subparagraph (A) of subdivision (15) of subsection (a) of 663 |
---|
819 | 819 | | section 12-407 of the general statutes is repealed and the following is 664 |
---|
820 | 820 | | substituted in lieu thereof (Effective January 1, 2020, and applicable to 665 |
---|
821 | 821 | | sales occurring on or after January 1, 2020): 666 |
---|
822 | 822 | | (15) (A) "Engaged in business in the state" means and, to the extent 667 |
---|
823 | 823 | | not prohibited by the Constitution of the United States, includes, but 668 |
---|
824 | 824 | | shall not be limited to, the following acts or methods of transacting 669 |
---|
825 | 825 | | business: (i) Selling in this state, or any activity in this state in 670 |
---|
826 | 826 | | connection with selling in this state, tangible personal property for use, 671 |
---|
827 | 827 | | storage or consumption within the state; (ii) engaging in the transfer 672 |
---|
828 | 828 | | for a consideration of the occupancy of (I) any room or rooms in a 673 |
---|
829 | 829 | | hotel, lodging house or bed and breakfast establishment for a period of 674 |
---|
830 | 830 | | thirty consecutive calendar days or less, or (II) any space in a 675 |
---|
831 | 831 | | campground for a period of thirty consecutive calendar days or less; 676 |
---|
832 | 832 | | (iii) rendering in this state any service described in any of the 677 |
---|
833 | 833 | | subparagraphs of subdivision (2) of this subsection; (iv) maintaining, 678 |
---|
834 | 834 | | occupying or using, permanently or temporarily, directly or indirectly, 679 |
---|
835 | 835 | | through a subsidiary or agent, by whatever name called, any office, 680 |
---|
836 | 836 | | place of distribution, sales or sample room or place, warehouse or 681 |
---|
837 | 837 | | storage point or other place of business or having any representative, 682 |
---|
838 | 838 | | agent, salesman, canvasser or solicitor operating in this state for the 683 |
---|
839 | 839 | | purpose of selling, delivering or taking orders; (v) notwithstanding the 684 |
---|
840 | 840 | | fact that retail sales are made from outside this state to a destination 685 |
---|
841 | 841 | | within this state, engaging in regular or systematic solicitation of sales 686 |
---|
842 | 842 | | of tangible personal property in this state by the display of 687 |
---|
843 | 843 | | advertisements on billboards or other outdoor advertising in this state, 688 |
---|
844 | 844 | | by the distribution of catalogs, periodicals, advertising flyers or other 689 |
---|
845 | 845 | | advertising by means of print, radio or television media, or by mail, 690 |
---|
846 | 846 | | telegraphy, telephone, computer data base, cable, optic, microwave, 691 |
---|
847 | 847 | | Internet or other communication system, for the purpose of effecting 692 |
---|
848 | 848 | | Raised Bill No. 7410 |
---|
849 | 849 | | |
---|
850 | 850 | | |
---|
851 | 851 | | |
---|
852 | 852 | | LCO No. 6787 24 of 88 |
---|
853 | 853 | | |
---|
854 | 854 | | retail sales of tangible personal property, provided at least two 693 |
---|
855 | 855 | | hundred fifty thousand dollars of gross receipts are received and two 694 |
---|
856 | 856 | | hundred or more retail sales from outside this state to destinations 695 |
---|
857 | 857 | | within this state are made during the twelve-month period ended on 696 |
---|
858 | 858 | | the September thirtieth immediately preceding the monthly or 697 |
---|
859 | 859 | | quarterly period with respect to which liability for tax under this 698 |
---|
860 | 860 | | chapter is determined; (vi) being owned or controlled, either directly 699 |
---|
861 | 861 | | or indirectly, by a retailer engaged in business in this state which is the 700 |
---|
862 | 862 | | same as or similar to the line of business in which the retailer so owned 701 |
---|
863 | 863 | | or controlled is engaged; (vii) being owned or controlled, either 702 |
---|
864 | 864 | | directly or indirectly, by the same interests that own or control, either 703 |
---|
865 | 865 | | directly or indirectly, a retailer engaged in business in this state which 704 |
---|
866 | 866 | | is the same as or similar to the line of business in which the retailer so 705 |
---|
867 | 867 | | owned or controlled is engaged; (viii) being the assignee of a person 706 |
---|
868 | 868 | | engaged in the business of leasing tangible personal property to others, 707 |
---|
869 | 869 | | where leased property of such person is situated within this state and 708 |
---|
870 | 870 | | such assignee has a security interest, as defined in subdivision (35) of 709 |
---|
871 | 871 | | subsection (b) of section 42a-1-201, in such property; (ix) 710 |
---|
872 | 872 | | notwithstanding the fact that retail sales of items of tangible personal 711 |
---|
873 | 873 | | property are made from outside this state to a destination within this 712 |
---|
874 | 874 | | state, repairing or servicing such items, under a warranty, in this state, 713 |
---|
875 | 875 | | either directly or indirectly through an agent, independent contractor 714 |
---|
876 | 876 | | or subsidiary; and (x) selling tangible personal property or services 715 |
---|
877 | 877 | | through an agreement with a person located in this state, under which 716 |
---|
878 | 878 | | such person located in this state, for a commission or other 717 |
---|
879 | 879 | | consideration that is based upon the sale of tangible personal property 718 |
---|
880 | 880 | | or services by the retailer, directly or indirectly refers potential 719 |
---|
881 | 881 | | customers, whether by a link on an Internet web site or otherwise, to 720 |
---|
882 | 882 | | the retailer, provided the cumulative gross receipts from sales by the 721 |
---|
883 | 883 | | retailer to customers in the state who are referred to the retailer by all 722 |
---|
884 | 884 | | such persons with this type of agreement with the retailer is in excess 723 |
---|
885 | 885 | | of two hundred fifty thousand dollars during the four preceding four 724 |
---|
886 | 886 | | quarterly periods ending on the last day of March, June, September 725 |
---|
887 | 887 | | and December. 726 |
---|
888 | 888 | | Raised Bill No. 7410 |
---|
889 | 889 | | |
---|
890 | 890 | | |
---|
891 | 891 | | |
---|
892 | 892 | | LCO No. 6787 25 of 88 |
---|
893 | 893 | | |
---|
894 | 894 | | Sec. 14. Subdivisions (18) and (19) of subsection (a) of section 12-407 727 |
---|
895 | 895 | | of the general statutes are repealed and the following is substituted in 728 |
---|
896 | 896 | | lieu thereof (Effective January 1, 2020, and applicable to sales occurring on 729 |
---|
897 | 897 | | or after January 1, 2020): 730 |
---|
898 | 898 | | (18) "Operator" means any person operating a hotel, lodging house, 731 |
---|
899 | 899 | | [or] bed and breakfast establishment or campground in the state, 732 |
---|
900 | 900 | | including, but not limited to, the owner or proprietor of such premises, 733 |
---|
901 | 901 | | lessee, sublessee, mortgagee in possession, licensee or any other person 734 |
---|
902 | 902 | | otherwise operating such hotel, lodging house, [or] bed and breakfast 735 |
---|
903 | 903 | | establishment or campground. 736 |
---|
904 | 904 | | (19) "Occupancy" means the use or possession, or the right to the 737 |
---|
905 | 905 | | use or possession, of any room or rooms in a hotel, lodging house or 738 |
---|
906 | 906 | | bed and breakfast establishment or of any space in a campground, or 739 |
---|
907 | 907 | | the right to the use or possession of the furnishings or the services and 740 |
---|
908 | 908 | | accommodations accompanying the use and possession of such room 741 |
---|
909 | 909 | | or rooms or such space, for the first period of not more than thirty 742 |
---|
910 | 910 | | consecutive calendar days. 743 |
---|
911 | 911 | | Sec. 15. Section 12-640 of the general statutes is repealed and the 744 |
---|
912 | 912 | | following is substituted in lieu thereof (Effective from passage and 745 |
---|
913 | 913 | | applicable to gifts made on or after January 1, 2019): 746 |
---|
914 | 914 | | For [the calendar year 1991 and each year thereafter] calendar years 747 |
---|
915 | 915 | | commencing January 1, 1991, but prior to January 1, 2019, a tax 748 |
---|
916 | 916 | | computed as provided in section 12-642, as amended by this act, is 749 |
---|
917 | 917 | | hereby imposed on the transfer of property by gift during such taxable 750 |
---|
918 | 918 | | year by any individual resident or nonresident provided, for the 751 |
---|
919 | 919 | | calendar year commencing January 1, 1991, such tax shall be imposed 752 |
---|
920 | 920 | | only on those gifts [which are] that were transferred on or after 753 |
---|
921 | 921 | | September 1, 1991. 754 |
---|
922 | 922 | | Sec. 16. Section 12-642 of the general statutes is repealed and the 755 |
---|
923 | 923 | | following is substituted in lieu thereof (Effective from passage): 756 |
---|
924 | 924 | | Raised Bill No. 7410 |
---|
925 | 925 | | |
---|
926 | 926 | | |
---|
927 | 927 | | |
---|
928 | 928 | | LCO No. 6787 26 of 88 |
---|
929 | 929 | | |
---|
930 | 930 | | (a) (1) With respect to calendar years commencing prior to January 757 |
---|
931 | 931 | | 1, 2001, the tax imposed by section 12-640, as amended by this act, for 758 |
---|
932 | 932 | | the calendar year shall be at a rate of the taxable gifts made by the 759 |
---|
933 | 933 | | donor during the calendar year set forth in the following schedule: 760 |
---|
934 | 934 | | T1 Amount of Taxable Gifts Rate of Tax |
---|
935 | 935 | | T2 Not over $25,000 1% |
---|
936 | 936 | | T3 Over $25,000 $250, plus 2% of the excess |
---|
937 | 937 | | T4 but not over $50,000 over $25,000 |
---|
938 | 938 | | T5 Over $50,000 $750, plus 3% of the excess |
---|
939 | 939 | | T6 but not over $75,000 over $50,000 |
---|
940 | 940 | | T7 Over $75,000 $1,500, plus 4% of the excess |
---|
941 | 941 | | T8 but not over $100,000 over $75,000 |
---|
942 | 942 | | T9 Over $100,000 $2,500, plus 5% of the excess |
---|
943 | 943 | | T10 but not over $200,000 over $100,000 |
---|
944 | 944 | | T11 Over $200,000 $7,500, plus 6% of the excess |
---|
945 | 945 | | T12 over $200,000 |
---|
946 | 946 | | |
---|
947 | 947 | | (2) With respect to the calendar years commencing January 1, 2001, 761 |
---|
948 | 948 | | January 1, 2002, January 1, 2003, and January 1, 2004, the tax imposed 762 |
---|
949 | 949 | | by section 12-640, as amended by this act, for each such calendar year 763 |
---|
950 | 950 | | shall be at a rate of the taxable gifts made by the donor during the 764 |
---|
951 | 951 | | calendar year set forth in the following schedule: 765 |
---|
952 | 952 | | T13 Amount of Taxable Gifts Rate of Tax |
---|
953 | 953 | | T14 Over $25,000 $250, plus 2% of the excess |
---|
954 | 954 | | T15 but not over $50,000 over $25,000 |
---|
955 | 955 | | T16 Over $50,000 $750, plus 3% of the excess |
---|
956 | 956 | | T17 but not over $75,000 over $50,000 |
---|
957 | 957 | | T18 Over $75,000 $1,500, plus 4% of the excess |
---|
958 | 958 | | T19 but not over $100,000 over $75,000 |
---|
959 | 959 | | T20 Over $100,000 $2,500, plus 5% of the excess |
---|
960 | 960 | | T21 but not over $675,000 over $100,000 |
---|
961 | 961 | | T22 Over $675,000 $31,250, plus 6% of the excess |
---|
962 | 962 | | Raised Bill No. 7410 |
---|
963 | 963 | | |
---|
964 | 964 | | |
---|
965 | 965 | | |
---|
966 | 966 | | LCO No. 6787 27 of 88 |
---|
967 | 967 | | |
---|
968 | 968 | | T23 over $675,000 |
---|
969 | 969 | | |
---|
970 | 970 | | (3) With respect to Connecticut taxable gifts, as defined in section 766 |
---|
971 | 971 | | 12-643, as amended by this act, made by a donor during a calendar 767 |
---|
972 | 972 | | year commencing on or after January 1, 2005, but prior to January 1, 768 |
---|
973 | 973 | | 2010, including the aggregate amount of all Connecticut taxable gifts 769 |
---|
974 | 974 | | made by the donor during all calendar years commencing on or after 770 |
---|
975 | 975 | | January 1, 2005, but prior to January 1, 2010, the tax imposed by 771 |
---|
976 | 976 | | section 12-640, as amended by this act, for the calendar year shall be at 772 |
---|
977 | 977 | | the rate set forth in the following schedule, with a credit allowed 773 |
---|
978 | 978 | | against such tax for any tax previously paid to this state pursuant to 774 |
---|
979 | 979 | | this subdivision: 775 |
---|
980 | 980 | | T24 Amount of Taxable Gifts Rate of Tax |
---|
981 | 981 | | T25 Not over $2,000,000 None |
---|
982 | 982 | | T26 Over $2,000,000 |
---|
983 | 983 | | T27 but not over $2,100,000 5.085% of the excess over $0 |
---|
984 | 984 | | T28 Over $2,100,000 $106,800 plus 8% of the excess |
---|
985 | 985 | | T29 but not over $2,600,000 over $2,100,000 |
---|
986 | 986 | | T30 Over $2,600,000 $146,800 plus 8.8% of the excess |
---|
987 | 987 | | T31 but not over $3,100,000 over $2,600,000 |
---|
988 | 988 | | T32 Over $3,100,000 $190,800 plus 9.6% of the excess |
---|
989 | 989 | | T33 but not over $3,600,000 over $3,100,000 |
---|
990 | 990 | | T34 Over $3,600,000 $238,800 plus 10.4% of the excess |
---|
991 | 991 | | T35 but not over $4,100,000 over $3,600,000 |
---|
992 | 992 | | T36 Over $4,100,000 $290,800 plus 11.2% of the excess |
---|
993 | 993 | | T37 but not over $5,100,000 over $4,100,000 |
---|
994 | 994 | | T38 Over $5,100,000 $402,800 plus 12% of the excess |
---|
995 | 995 | | T39 but not over $6,100,000 over $5,100,000 |
---|
996 | 996 | | T40 Over $6,100,000 $522,800 plus 12.8% of the excess |
---|
997 | 997 | | T41 but not over $7,100,000 over $6,100,000 |
---|
998 | 998 | | T42 Over $7,100,000 $650,800 plus 13.6% of the excess |
---|
999 | 999 | | T43 but not over $8,100,000 over $7,100,000 |
---|
1000 | 1000 | | T44 Over $8,100,000 $786,800 plus 14.4% of the excess |
---|
1001 | 1001 | | Raised Bill No. 7410 |
---|
1002 | 1002 | | |
---|
1003 | 1003 | | |
---|
1004 | 1004 | | |
---|
1005 | 1005 | | LCO No. 6787 28 of 88 |
---|
1006 | 1006 | | |
---|
1007 | 1007 | | T45 but not over $9,100,000 over $8,100,000 |
---|
1008 | 1008 | | T46 Over $9,100,000 $930,800 plus 15.2% of the excess |
---|
1009 | 1009 | | T47 but not over $10,100,000 over $9,100,000 |
---|
1010 | 1010 | | T48 Over $10,100,000 $1,082,800 plus 16% of the excess |
---|
1011 | 1011 | | T49 over $10,100,000 |
---|
1012 | 1012 | | |
---|
1013 | 1013 | | (4) With respect to Connecticut taxable gifts, as defined in section 776 |
---|
1014 | 1014 | | 12-643, as amended by this act, made by a donor during a calendar 777 |
---|
1015 | 1015 | | year commencing on or after January 1, 2010, but prior to January 1, 778 |
---|
1016 | 1016 | | 2011, including the aggregate amount of all Connecticut taxable gifts 779 |
---|
1017 | 1017 | | made by the donor during all calendar years commencing on or after 780 |
---|
1018 | 1018 | | January 1, 2005, the tax imposed by section 12-640, as amended by this 781 |
---|
1019 | 1019 | | act, for the calendar year shall be at the rate set forth in the following 782 |
---|
1020 | 1020 | | schedule, with a credit allowed against such tax for any tax previously 783 |
---|
1021 | 1021 | | paid to this state pursuant to this subdivision or pursuant to 784 |
---|
1022 | 1022 | | subdivision (3) of this subsection, provided such credit shall not 785 |
---|
1023 | 1023 | | exceed the amount of tax imposed by this section: 786 |
---|
1024 | 1024 | | T50 Amount of Taxable Gifts Rate of Tax |
---|
1025 | 1025 | | T51 Not over $3,500,000 None |
---|
1026 | 1026 | | T52 Over $3,500,000 7.2% of the excess |
---|
1027 | 1027 | | T53 but not over $3,600,000 over $3,500,000 |
---|
1028 | 1028 | | T54 Over $3,600,000 $7,200 plus 7.8% of the excess |
---|
1029 | 1029 | | T55 but not over $4,100,000 over $3,600,000 |
---|
1030 | 1030 | | T56 Over $4,100,000 $46,200 plus 8.4% of the excess |
---|
1031 | 1031 | | T57 but not over $5,100,000 over $4,100,000 |
---|
1032 | 1032 | | T58 Over $5,100,000 $130,200 plus 9.0% of the excess |
---|
1033 | 1033 | | T59 but not over $6,100,000 over $5,100,000 |
---|
1034 | 1034 | | T60 Over $6,100,000 $220,200 plus 9.6% of the excess |
---|
1035 | 1035 | | T61 but not over $7,100,000 over $6,100,000 |
---|
1036 | 1036 | | T62 Over $7,100,000 $316,200 plus 10.2% of the excess |
---|
1037 | 1037 | | T63 but not over $8,100,000 over $7,100,000 |
---|
1038 | 1038 | | T64 Over $8,100,000 $418,200 plus 10.8% of the excess |
---|
1039 | 1039 | | T65 but not over $9,100,000 over $8,100,000 |
---|
1040 | 1040 | | Raised Bill No. 7410 |
---|
1041 | 1041 | | |
---|
1042 | 1042 | | |
---|
1043 | 1043 | | |
---|
1044 | 1044 | | LCO No. 6787 29 of 88 |
---|
1045 | 1045 | | |
---|
1046 | 1046 | | T66 Over $9,100,000 $526,200 plus 11.4% of the excess |
---|
1047 | 1047 | | T67 but not over $10,100,000 over $9,100,000 |
---|
1048 | 1048 | | T68 Over $10,100,000 $640,200 plus 12% of the excess |
---|
1049 | 1049 | | T69 over $10,100,000 |
---|
1050 | 1050 | | |
---|
1051 | 1051 | | (5) With respect to Connecticut taxable gifts, as defined in section 787 |
---|
1052 | 1052 | | 12-643, as amended by this act, made by a donor during a calendar 788 |
---|
1053 | 1053 | | year commencing on or after January 1, 2011, but prior to January 1, 789 |
---|
1054 | 1054 | | 2018, including the aggregate amount of all Connecticut taxable gifts 790 |
---|
1055 | 1055 | | made by the donor during all calendar years commencing on or after 791 |
---|
1056 | 1056 | | January 1, 2005, the tax imposed by section 12-640, as amended by this 792 |
---|
1057 | 1057 | | act, for the calendar year shall be at the rate set forth in the following 793 |
---|
1058 | 1058 | | schedule, with a credit allowed against such tax for any tax previously 794 |
---|
1059 | 1059 | | paid to this state pursuant to this subdivision or pursuant to 795 |
---|
1060 | 1060 | | subdivision (3) or (4) of this subsection, provided such credit shall not 796 |
---|
1061 | 1061 | | exceed the amount of tax imposed by this section: 797 |
---|
1062 | 1062 | | T70 |
---|
1063 | 1063 | | Amount of Taxable Gifts Rate of Tax |
---|
1064 | 1064 | | T71 Not over $2,000,000 None |
---|
1065 | 1065 | | T72 Over $2,000,000 7.2% of the excess |
---|
1066 | 1066 | | T73 but not over $3,600,000 over $2,000,000 |
---|
1067 | 1067 | | T74 Over $3,600,000 $115,200 plus 7.8% of the excess |
---|
1068 | 1068 | | T75 but not over $4,100,000 over $3,600,000 |
---|
1069 | 1069 | | T76 Over $4,100,000 $154,200 plus 8.4% of the excess |
---|
1070 | 1070 | | T77 but not over $5,100,000 over $4,100,000 |
---|
1071 | 1071 | | T78 Over $5,100,000 $238,200 plus 9.0% of the excess |
---|
1072 | 1072 | | T79 but not over $6,100,000 over $5,100,000 |
---|
1073 | 1073 | | T80 Over $6,100,000 $328,200 plus 9.6% of the excess |
---|
1074 | 1074 | | T81 but not over $7,100,000 over $6,100,000 |
---|
1075 | 1075 | | T82 Over $7,100,000 $424,200 plus 10.2% of the excess |
---|
1076 | 1076 | | T83 but not over $8,100,000 over $7,100,000 |
---|
1077 | 1077 | | T84 Over $8,100,000 $526,200 plus 10.8% of the excess |
---|
1078 | 1078 | | T85 but not over $9,100,000 over $8,100,000 |
---|
1079 | 1079 | | T86 Over $9,100,000 $634,200 plus 11.4% of the excess |
---|
1080 | 1080 | | Raised Bill No. 7410 |
---|
1081 | 1081 | | |
---|
1082 | 1082 | | |
---|
1083 | 1083 | | |
---|
1084 | 1084 | | LCO No. 6787 30 of 88 |
---|
1085 | 1085 | | |
---|
1086 | 1086 | | T87 but not over $10,100,000 over $9,100,000 |
---|
1087 | 1087 | | T88 Over $10,100,000 $748,200 plus 12% of the excess |
---|
1088 | 1088 | | T89 over $10,100,000 |
---|
1089 | 1089 | | |
---|
1090 | 1090 | | (6) With respect to Connecticut taxable gifts, as defined in section 798 |
---|
1091 | 1091 | | 12-643, as amended by this act, made by a donor during a calendar 799 |
---|
1092 | 1092 | | year commencing on or after January 1, 2018, but prior to January 1, 800 |
---|
1093 | 1093 | | 2019, including the aggregate amount of all Connecticut taxable gifts 801 |
---|
1094 | 1094 | | made by the donor during all calendar years commencing on or after 802 |
---|
1095 | 1095 | | January 1, 2005, the tax imposed by section 12-640, as amended by this 803 |
---|
1096 | 1096 | | act, for the calendar year shall be at the rate set forth in the following 804 |
---|
1097 | 1097 | | schedule, with a credit allowed against such tax for any tax previously 805 |
---|
1098 | 1098 | | paid to this state pursuant to this subdivision or pursuant to 806 |
---|
1099 | 1099 | | subdivision (3), (4) or (5) of this subsection, provided such credit shall 807 |
---|
1100 | 1100 | | not exceed the amount of tax imposed by this section: 808 |
---|
1101 | 1101 | | T90 |
---|
1102 | 1102 | | Amount of Taxable Gifts Rate of Tax |
---|
1103 | 1103 | | T91 Not over $2,600,000 None |
---|
1104 | 1104 | | T92 Over $2,600,000 7.2% of the excess |
---|
1105 | 1105 | | T93 but not over $3,600,000 over $2,600,000 |
---|
1106 | 1106 | | T94 Over $3,600,000 $72,000 plus 7.8% of the excess |
---|
1107 | 1107 | | T95 but not over $4,100,000 over $3,600,000 |
---|
1108 | 1108 | | T96 Over $4,100,000 $111,000 plus 8.4% of the excess |
---|
1109 | 1109 | | T97 but not over $5,100,000 over $4,100,000 |
---|
1110 | 1110 | | T98 Over $5,100,000 $195,000 plus 10% of the excess |
---|
1111 | 1111 | | T99 but not over $6,100,000 over $5,100,000 |
---|
1112 | 1112 | | T100 Over $6,100,000 $295,000 plus 10.4% of the excess |
---|
1113 | 1113 | | T101 but not over $7,100,000 over $6,100,000 |
---|
1114 | 1114 | | T102 Over $7,100,000 $399,000 plus 10.8% of the excess |
---|
1115 | 1115 | | T103 but not over $8,100,000 over $7,100,000 |
---|
1116 | 1116 | | T104 Over $8,100,000 $507,000 plus 11.2% of the excess |
---|
1117 | 1117 | | T105 but not over $9,100,000 over $8,100,000 |
---|
1118 | 1118 | | T106 Over $9,100,000 $619,000 plus 11.6% of the excess |
---|
1119 | 1119 | | T107 but not over $10,100,000 over $9,100,000 |
---|
1120 | 1120 | | Raised Bill No. 7410 |
---|
1121 | 1121 | | |
---|
1122 | 1122 | | |
---|
1123 | 1123 | | |
---|
1124 | 1124 | | LCO No. 6787 31 of 88 |
---|
1125 | 1125 | | |
---|
1126 | 1126 | | T108 Over $10,100,000 $735,000 plus 12% of the excess |
---|
1127 | 1127 | | T109 over $10,100,000 |
---|
1128 | 1128 | | |
---|
1129 | 1129 | | [(7) With respect to Connecticut taxable gifts, as defined in section 809 |
---|
1130 | 1130 | | 12-643, made by a donor during a calendar year commencing on or 810 |
---|
1131 | 1131 | | after January 1, 2019, but prior to January 1, 2020, including the 811 |
---|
1132 | 1132 | | aggregate amount of all Connecticut taxable gifts made by the donor 812 |
---|
1133 | 1133 | | during all calendar years commencing on or after January 1, 2005, the 813 |
---|
1134 | 1134 | | tax imposed by section 12-640 for the calendar year shall be at the rate 814 |
---|
1135 | 1135 | | set forth in the following schedule, with a credit allowed against such 815 |
---|
1136 | 1136 | | tax for any tax previously paid to this state pursuant to this 816 |
---|
1137 | 1137 | | subdivision or pursuant to subdivision (3), (4), (5) or (6) of this 817 |
---|
1138 | 1138 | | subsection, provided such credit shall not exceed the amount of tax 818 |
---|
1139 | 1139 | | imposed by this section: 819 |
---|
1140 | 1140 | | T110 |
---|
1141 | 1141 | | Amount of Taxable Gifts Rate of Tax |
---|
1142 | 1142 | | T111 Not over $3,600,000 None |
---|
1143 | 1143 | | T112 Over $3,600,000 7.8% of the excess |
---|
1144 | 1144 | | T113 but not over $4,100,000 over $3,600,000 |
---|
1145 | 1145 | | T114 Over $4,100,000 $39,000 plus 8.4% of the excess |
---|
1146 | 1146 | | T115 but not over $5,100,000 over $4,100,000 |
---|
1147 | 1147 | | T116 Over $5,100,000 $123,000 plus 10% of the excess |
---|
1148 | 1148 | | T117 but not over $6,100,000 over $5,100,000 |
---|
1149 | 1149 | | T118 Over $6,100,000 $223,000 plus 10.4% of the excess |
---|
1150 | 1150 | | T119 but not over $7,100,000 over $6,100,000 |
---|
1151 | 1151 | | T120 Over $7,100,000 $327,000 plus 10.8% of the excess |
---|
1152 | 1152 | | T121 but not over $8,100,000 over $7,100,000 |
---|
1153 | 1153 | | T122 Over $8,100,000 $435,000 plus 11.2% of the excess |
---|
1154 | 1154 | | T123 but not over $9,100,000 over $8,100,000 |
---|
1155 | 1155 | | T124 Over $9,100,000 $547,000 plus 11.6% of the excess |
---|
1156 | 1156 | | T125 but not over $10,100,000 over $9,100,000 |
---|
1157 | 1157 | | T126 Over $10,100,000 $663,000 plus 12% of the excess |
---|
1158 | 1158 | | T127 over $10,100,000 |
---|
1159 | 1159 | | |
---|
1160 | 1160 | | Raised Bill No. 7410 |
---|
1161 | 1161 | | |
---|
1162 | 1162 | | |
---|
1163 | 1163 | | |
---|
1164 | 1164 | | LCO No. 6787 32 of 88 |
---|
1165 | 1165 | | |
---|
1166 | 1166 | | (8) With respect to Connecticut taxable gifts, as defined in section 820 |
---|
1167 | 1167 | | 12-643, made by a donor during a calendar year commencing on or 821 |
---|
1168 | 1168 | | after January 1, 2020, but prior to January 1, 2021, including the 822 |
---|
1169 | 1169 | | aggregate amount of all Connecticut taxable gifts made by the donor 823 |
---|
1170 | 1170 | | during all calendar years commencing on or after January 1, 2005, the 824 |
---|
1171 | 1171 | | tax imposed by section 12-640 for the calendar year shall be at the rate 825 |
---|
1172 | 1172 | | set forth in the following schedule, with a credit allowed against such 826 |
---|
1173 | 1173 | | tax for any tax previously paid to this state pursuant to this 827 |
---|
1174 | 1174 | | subdivision or pursuant to subdivision (3), (4), (5), (6) or (7) of this 828 |
---|
1175 | 1175 | | subsection, provided such credit shall not exceed the amount of tax 829 |
---|
1176 | 1176 | | imposed by this section: 830 |
---|
1177 | 1177 | | T128 Amount of Taxable Gifts Rate of Tax |
---|
1178 | 1178 | | T129 Not over $5,100,000 None |
---|
1179 | 1179 | | T130 Over $5,100,000 10% of the excess |
---|
1180 | 1180 | | T131 but not over $6,100,000 over $5,100,000 |
---|
1181 | 1181 | | T132 Over $6,100,000 $100,000 plus 10.4% of the excess |
---|
1182 | 1182 | | T133 but not over $7,100,000 over $6,100,000 |
---|
1183 | 1183 | | T134 Over $7,100,000 $204,000 plus 10.8% of the excess |
---|
1184 | 1184 | | T135 but not over $8,100,000 over $7,100,000 |
---|
1185 | 1185 | | T136 Over $8,100,000 $312,000 plus 11.2% of the excess |
---|
1186 | 1186 | | T137 but not over $9,100,000 over $8,100,000 |
---|
1187 | 1187 | | T138 Over $9,100,000 $424,000 plus 11.6% of the excess |
---|
1188 | 1188 | | T139 but not over $10,100,000 over $9,100,000 |
---|
1189 | 1189 | | T140 Over $10,100,000 $540,000 plus 12% of the excess |
---|
1190 | 1190 | | T141 over $10,100,000 |
---|
1191 | 1191 | | |
---|
1192 | 1192 | | (9) With respect to Connecticut taxable gifts, as defined in section 831 |
---|
1193 | 1193 | | 12-643, made by a donor during a calendar year commencing on or 832 |
---|
1194 | 1194 | | after January 1, 2021, but prior to January 1, 2022, including the 833 |
---|
1195 | 1195 | | aggregate amount of all Connecticut taxable gifts made by the donor 834 |
---|
1196 | 1196 | | during all calendar years commencing on or after January 1, 2005, the 835 |
---|
1197 | 1197 | | tax imposed by section 12-640 for the calendar year shall be at the rate 836 |
---|
1198 | 1198 | | set forth in the following schedule, with a credit allowed against such 837 |
---|
1199 | 1199 | | tax for any tax previously paid to this state pursuant to this 838 |
---|
1200 | 1200 | | Raised Bill No. 7410 |
---|
1201 | 1201 | | |
---|
1202 | 1202 | | |
---|
1203 | 1203 | | |
---|
1204 | 1204 | | LCO No. 6787 33 of 88 |
---|
1205 | 1205 | | |
---|
1206 | 1206 | | subdivision or pursuant to subdivision (3), (4), (5), (6), (7) or (8) of this 839 |
---|
1207 | 1207 | | subsection, provided such credit shall not exceed the amount of tax 840 |
---|
1208 | 1208 | | imposed by this section: 841 |
---|
1209 | 1209 | | T142 Amount of Taxable Gifts Rate of Tax |
---|
1210 | 1210 | | T143 Not over $7,100,000 None |
---|
1211 | 1211 | | T144 Over $7,100,000 10.8% of the excess |
---|
1212 | 1212 | | T145 but not over $8,100,000 over $7,100,000 |
---|
1213 | 1213 | | T146 Over $8,100,000 $108,000 plus 11.2% of the excess |
---|
1214 | 1214 | | T147 but not over $9,100,000 over $8,100,000 |
---|
1215 | 1215 | | T148 Over $9,100,000 $220,000 plus 11.6% of the excess |
---|
1216 | 1216 | | T149 but not over $10,100,000 over $9,100,000 |
---|
1217 | 1217 | | T150 Over $10,100,000 $336,000 plus 12% of the excess |
---|
1218 | 1218 | | T151 over $10,100,000 |
---|
1219 | 1219 | | |
---|
1220 | 1220 | | (10) With respect to Connecticut taxable gifts, as defined in section 842 |
---|
1221 | 1221 | | 12-643, made by a donor during a calendar year commencing on or 843 |
---|
1222 | 1222 | | after January 1, 2022, but prior to January 1, 2023, including the 844 |
---|
1223 | 1223 | | aggregate amount of all Connecticut taxable gifts made by the donor 845 |
---|
1224 | 1224 | | during all calendar years commencing on or after January 1, 2005, the 846 |
---|
1225 | 1225 | | tax imposed by section 12-640 for the calendar year shall be at the rate 847 |
---|
1226 | 1226 | | set forth in the following schedule, with a credit allowed against such 848 |
---|
1227 | 1227 | | tax for any tax previously paid to this state pursuant to this 849 |
---|
1228 | 1228 | | subdivision or pursuant to subdivision (3), (4), (5), (6), (7), (8) or (9) of 850 |
---|
1229 | 1229 | | this subsection, provided such credit shall not exceed the amount of 851 |
---|
1230 | 1230 | | tax imposed by this section: 852 |
---|
1231 | 1231 | | T152 Amount of Taxable Gifts Rate of Tax |
---|
1232 | 1232 | | T153 Not over $9,100,000 None |
---|
1233 | 1233 | | T154 Over $9,100,000 11.6% of the excess |
---|
1234 | 1234 | | T155 but not over $10,100,000 over $9,100,000 |
---|
1235 | 1235 | | T156 Over $10,100,000 $116,000 plus 12% of the excess |
---|
1236 | 1236 | | T157 over $10,100,000 |
---|
1237 | 1237 | | |
---|
1238 | 1238 | | (11) With respect to Connecticut taxable gifts, as defined in section 853 |
---|
1239 | 1239 | | Raised Bill No. 7410 |
---|
1240 | 1240 | | |
---|
1241 | 1241 | | |
---|
1242 | 1242 | | |
---|
1243 | 1243 | | LCO No. 6787 34 of 88 |
---|
1244 | 1244 | | |
---|
1245 | 1245 | | 12-643, made by a donor during a calendar year commencing on or 854 |
---|
1246 | 1246 | | after January 1, 2023, including the aggregate amount of all 855 |
---|
1247 | 1247 | | Connecticut taxable gifts made by the donor during all calendar years 856 |
---|
1248 | 1248 | | commencing on or after January 1, 2005, the tax imposed by section 12-857 |
---|
1249 | 1249 | | 640 for the calendar year shall be at the rate set forth in the following 858 |
---|
1250 | 1250 | | schedule, with a credit allowed against such tax for any tax previously 859 |
---|
1251 | 1251 | | paid to this state pursuant to this subdivision or pursuant to 860 |
---|
1252 | 1252 | | subdivision (3), (4), (5), (6), (7), (8), (9) or (10) of this subsection, 861 |
---|
1253 | 1253 | | provided such credit shall not exceed the amount of tax imposed by 862 |
---|
1254 | 1254 | | this section: 863 |
---|
1255 | 1255 | | T158 Amount of Taxable Gifts Rate of Tax |
---|
1256 | 1256 | | T159 Not over the None |
---|
1257 | 1257 | | T160 federal basic exclusion amount |
---|
1258 | 1258 | | T161 Over the 12% of the excess over the |
---|
1259 | 1259 | | T162 federal basic exclusion amount federal basic exclusion amount] |
---|
1260 | 1260 | | |
---|
1261 | 1261 | | (b) The tax imposed by section 12-640, as amended by this act, shall 864 |
---|
1262 | 1262 | | be paid by the donor. If the gift tax is not paid when due the donee of 865 |
---|
1263 | 1263 | | any gift shall be personally liable for the tax to the extent of the value 866 |
---|
1264 | 1264 | | of the gift. 867 |
---|
1265 | 1265 | | (c) [(1)] With respect to Connecticut taxable gifts, as defined in 868 |
---|
1266 | 1266 | | section 12-643, as amended by this act, made by a donor during a 869 |
---|
1267 | 1267 | | calendar year commencing on or after January 1, 2016, but prior to 870 |
---|
1268 | 1268 | | January 1, 2019, the aggregate amount of tax imposed by section 12-871 |
---|
1269 | 1269 | | 640, as amended by this act, for all calendar years commencing on or 872 |
---|
1270 | 1270 | | after January 1, 2016, shall not exceed twenty million dollars. 873 |
---|
1271 | 1271 | | [(2) With respect to Connecticut taxable gifts, as defined in section 874 |
---|
1272 | 1272 | | 12-643, made by a donor during a calendar year commencing on or 875 |
---|
1273 | 1273 | | after January 1, 2019, the aggregate amount of tax imposed by section 876 |
---|
1274 | 1274 | | 12-640 for all calendar years commencing on or after January 1, 2016, 877 |
---|
1275 | 1275 | | shall not exceed fifteen million dollars.] 878 |
---|
1276 | 1276 | | Raised Bill No. 7410 |
---|
1277 | 1277 | | |
---|
1278 | 1278 | | |
---|
1279 | 1279 | | |
---|
1280 | 1280 | | LCO No. 6787 35 of 88 |
---|
1281 | 1281 | | |
---|
1282 | 1282 | | Sec. 17. Subdivision (3) of section 12-643 of the general statutes is 879 |
---|
1283 | 1283 | | repealed and the following is substituted in lieu thereof (Effective from 880 |
---|
1284 | 1284 | | passage and applicable to estates of decedents dying on or after January 1, 881 |
---|
1285 | 1285 | | 2019): 882 |
---|
1286 | 1286 | | (3) "Connecticut taxable gifts" means taxable gifts made during a 883 |
---|
1287 | 1287 | | calendar year commencing on or after January 1, 2005, but prior to 884 |
---|
1288 | 1288 | | January 1, 2019, that are, (A) for residents of this state, taxable gifts, 885 |
---|
1289 | 1289 | | wherever located, but excepting gifts of real estate or tangible personal 886 |
---|
1290 | 1290 | | property located outside this state, and (B) for nonresidents of this 887 |
---|
1291 | 1291 | | state, gifts of real estate or tangible personal property located within 888 |
---|
1292 | 1292 | | this state. 889 |
---|
1293 | 1293 | | Sec. 18. Section 12-391 of the general statutes is repealed and the 890 |
---|
1294 | 1294 | | following is substituted in lieu thereof (Effective from passage and 891 |
---|
1295 | 1295 | | applicable to decedents dying on or after January 1, 2019): 892 |
---|
1296 | 1296 | | (a) With respect to estates of decedents who die prior to January 1, 893 |
---|
1297 | 1297 | | 2005, and except as otherwise provided in section 59 of public act 03-1 894 |
---|
1298 | 1298 | | of the June 30 special session, a tax is imposed upon the transfer of the 895 |
---|
1299 | 1299 | | estate of each person who at the time of death was a resident of this 896 |
---|
1300 | 1300 | | state. The amount of the tax shall be the amount of the federal credit 897 |
---|
1301 | 1301 | | allowable for estate, inheritance, legacy and succession taxes paid to 898 |
---|
1302 | 1302 | | any state or the District of Columbia under the provisions of the 899 |
---|
1303 | 1303 | | federal internal revenue code in force at the date of such decedent's 900 |
---|
1304 | 1304 | | death in respect to any property owned by such decedent or subject to 901 |
---|
1305 | 1305 | | such taxes as part of or in connection with the estate of such decedent. 902 |
---|
1306 | 1306 | | If real or tangible personal property of such decedent is located outside 903 |
---|
1307 | 1307 | | this state and is subject to estate, inheritance, legacy, or succession 904 |
---|
1308 | 1308 | | taxes by any state or states, other than the state of Connecticut, or by 905 |
---|
1309 | 1309 | | the District of Columbia for which such federal credit is allowable, the 906 |
---|
1310 | 1310 | | amount of tax due under this section shall be reduced by the lesser of: 907 |
---|
1311 | 1311 | | (1) The amount of any such taxes paid to such other state or states or 908 |
---|
1312 | 1312 | | said district and allowed as a credit against the federal estate tax; or (2) 909 |
---|
1313 | 1313 | | an amount computed by multiplying such federal credit by a fraction, 910 |
---|
1314 | 1314 | | Raised Bill No. 7410 |
---|
1315 | 1315 | | |
---|
1316 | 1316 | | |
---|
1317 | 1317 | | |
---|
1318 | 1318 | | LCO No. 6787 36 of 88 |
---|
1319 | 1319 | | |
---|
1320 | 1320 | | (A) the numerator of which is the value of that part of the decedent's 911 |
---|
1321 | 1321 | | gross estate over which such other state or states or said district have 912 |
---|
1322 | 1322 | | jurisdiction for estate tax purposes to the same extent to which this 913 |
---|
1323 | 1323 | | state would assert jurisdiction for estate tax purposes under this 914 |
---|
1324 | 1324 | | chapter with respect to the residents of such other state or states or 915 |
---|
1325 | 1325 | | said district, and (B) the denominator of which is the value of the 916 |
---|
1326 | 1326 | | decedent's gross estate. Property of a resident estate over which this 917 |
---|
1327 | 1327 | | state has jurisdiction for estate tax purposes includes real property 918 |
---|
1328 | 1328 | | situated in this state, tangible personal property having an actual situs 919 |
---|
1329 | 1329 | | in this state, and intangible personal property owned by the decedent, 920 |
---|
1330 | 1330 | | regardless of where it is located. The amount of any estate tax imposed 921 |
---|
1331 | 1331 | | under this subsection shall also be reduced, but not below zero, by the 922 |
---|
1332 | 1332 | | amount of any tax that is imposed under chapter 216 and that is 923 |
---|
1333 | 1333 | | actually paid to this state. 924 |
---|
1334 | 1334 | | (b) With respect to the estates of decedents who die prior to January 925 |
---|
1335 | 1335 | | 1, 2005, and except as otherwise provided in section 59 of public act 03-926 |
---|
1336 | 1336 | | 1 of the June 30 special session, a tax is imposed upon the transfer of 927 |
---|
1337 | 1337 | | the estate of each person who at the time of death was a nonresident of 928 |
---|
1338 | 1338 | | this state, the amount of which shall be computed by multiplying (1) 929 |
---|
1339 | 1339 | | the federal credit allowable for estate, inheritance, legacy, and 930 |
---|
1340 | 1340 | | succession taxes paid to any state or states or the District of Columbia 931 |
---|
1341 | 1341 | | under the provisions of the federal internal revenue code in force at the 932 |
---|
1342 | 1342 | | date of such decedent's death in respect to any property owned by 933 |
---|
1343 | 1343 | | such decedent or subject to such taxes as a part of or in connection 934 |
---|
1344 | 1344 | | with the estate of such decedent by (2) a fraction, (A) the numerator of 935 |
---|
1345 | 1345 | | which is the value of that part of the decedent's gross estate over which 936 |
---|
1346 | 1346 | | this state has jurisdiction for estate tax purposes and (B) the 937 |
---|
1347 | 1347 | | denominator of which is the value of the decedent's gross estate. 938 |
---|
1348 | 1348 | | Property of a nonresident estate over which this state has jurisdiction 939 |
---|
1349 | 1349 | | for estate tax purposes includes real property situated in this state and 940 |
---|
1350 | 1350 | | tangible personal property having an actual situs in this state. The 941 |
---|
1351 | 1351 | | amount of any estate tax imposed under this subsection shall also be 942 |
---|
1352 | 1352 | | reduced, but not below zero, by the amount of any tax that is imposed 943 |
---|
1353 | 1353 | | Raised Bill No. 7410 |
---|
1354 | 1354 | | |
---|
1355 | 1355 | | |
---|
1356 | 1356 | | |
---|
1357 | 1357 | | LCO No. 6787 37 of 88 |
---|
1358 | 1358 | | |
---|
1359 | 1359 | | under chapter 216 and that is actually paid to this state. 944 |
---|
1360 | 1360 | | (c) For purposes of this section and section 12-392, as amended by 945 |
---|
1361 | 1361 | | this act: 946 |
---|
1362 | 1362 | | (1) (A) "Connecticut taxable estate" means, with respect to the 947 |
---|
1363 | 1363 | | estates of decedents dying on or after January 1, 2005, but prior to 948 |
---|
1364 | 1364 | | January 1, 2010, (i) the gross estate less allowable deductions, as 949 |
---|
1365 | 1365 | | determined under Chapter 11 of the Internal Revenue Code, plus (ii) 950 |
---|
1366 | 1366 | | the aggregate amount of all Connecticut taxable gifts, as defined in 951 |
---|
1367 | 1367 | | section 12-643, as amended by this act, made by the decedent for all 952 |
---|
1368 | 1368 | | calendar years beginning on or after January 1, 2005, but prior to 953 |
---|
1369 | 1369 | | January 1, 2010. The deduction for state death taxes paid under Section 954 |
---|
1370 | 1370 | | 2058 of said code shall be disregarded. 955 |
---|
1371 | 1371 | | (B) "Connecticut taxable estate" means, with respect to the estates of 956 |
---|
1372 | 1372 | | decedents dying on or after January 1, 2010, but prior to January 1, 957 |
---|
1373 | 1373 | | 2015, (i) the gross estate less allowable deductions, as determined 958 |
---|
1374 | 1374 | | under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 959 |
---|
1375 | 1375 | | amount of all Connecticut taxable gifts, as defined in section 12-643, as 960 |
---|
1376 | 1376 | | amended by this act, made by the decedent for all calendar years 961 |
---|
1377 | 1377 | | beginning on or after January 1, 2005. The deduction for state death 962 |
---|
1378 | 1378 | | taxes paid under Section 2058 of said code shall be disregarded. 963 |
---|
1379 | 1379 | | (C) "Connecticut taxable estate" means, with respect to the estates of 964 |
---|
1380 | 1380 | | decedents dying on or after January 1, 2015, but prior to January 1, 965 |
---|
1381 | 1381 | | 2019, (i) the gross estate less allowable deductions, as determined 966 |
---|
1382 | 1382 | | under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 967 |
---|
1383 | 1383 | | amount of all Connecticut taxable gifts, as defined in section 12-643, as 968 |
---|
1384 | 1384 | | amended by this act, made by the decedent for all calendar years 969 |
---|
1385 | 1385 | | beginning on or after January 1, 2005, other than Connecticut taxable 970 |
---|
1386 | 1386 | | gifts that are includable in the gross estate for federal estate tax 971 |
---|
1387 | 1387 | | purposes of the decedent, plus (iii) the amount of any tax paid to this 972 |
---|
1388 | 1388 | | state pursuant to section 12-642, as amended by this act, by the 973 |
---|
1389 | 1389 | | decedent or the decedent's estate on any gift made by the decedent or 974 |
---|
1390 | 1390 | | Raised Bill No. 7410 |
---|
1391 | 1391 | | |
---|
1392 | 1392 | | |
---|
1393 | 1393 | | |
---|
1394 | 1394 | | LCO No. 6787 38 of 88 |
---|
1395 | 1395 | | |
---|
1396 | 1396 | | the decedent's spouse during the three-year period preceding the date 975 |
---|
1397 | 1397 | | of the decedent's death. The deduction for state death taxes paid under 976 |
---|
1398 | 1398 | | Section 2058 of the Internal Revenue Code shall be disregarded. 977 |
---|
1399 | 1399 | | (2) "Internal Revenue Code" means the Internal Revenue Code of 978 |
---|
1400 | 1400 | | 1986, or any subsequent corresponding internal revenue code of the 979 |
---|
1401 | 1401 | | United States, as amended from time to time, except in the event of 980 |
---|
1402 | 1402 | | repeal of the federal estate tax, then all references to the Internal 981 |
---|
1403 | 1403 | | Revenue Code in this section shall mean the Internal Revenue Code as 982 |
---|
1404 | 1404 | | in force on the day prior to the effective date of such repeal. 983 |
---|
1405 | 1405 | | (3) "Gross estate" means the gross estate, for federal estate tax 984 |
---|
1406 | 1406 | | purposes. 985 |
---|
1407 | 1407 | | (d) (1) (A) With respect to the estates of decedents who die on or 986 |
---|
1408 | 1408 | | after January 1, 2005, but prior to January 1, 2010, a tax is imposed 987 |
---|
1409 | 1409 | | upon the transfer of the estate of each person who at the time of death 988 |
---|
1410 | 1410 | | was a resident of this state. The amount of the tax shall be determined 989 |
---|
1411 | 1411 | | using the schedule in subsection (g) of this section. A credit shall be 990 |
---|
1412 | 1412 | | allowed against such tax for any taxes paid to this state pursuant to 991 |
---|
1413 | 1413 | | section 12-642, as amended by this act, for Connecticut taxable gifts 992 |
---|
1414 | 1414 | | made on or after January 1, 2005, but prior to January 1, 2010. 993 |
---|
1415 | 1415 | | (B) With respect to the estates of decedents who die on or after 994 |
---|
1416 | 1416 | | January 1, 2010, but prior to January 1, 2015, a tax is imposed upon the 995 |
---|
1417 | 1417 | | transfer of the estate of each person who at the time of death was a 996 |
---|
1418 | 1418 | | resident of this state. The amount of the tax shall be determined using 997 |
---|
1419 | 1419 | | the schedule in subsection (g) of this section. A credit shall be allowed 998 |
---|
1420 | 1420 | | against such tax for any taxes paid to this state pursuant to section 12-999 |
---|
1421 | 1421 | | 642, as amended by this act, for Connecticut taxable gifts made on or 1000 |
---|
1422 | 1422 | | after January 1, 2005, provided such credit shall not exceed the amount 1001 |
---|
1423 | 1423 | | of tax imposed by this section. 1002 |
---|
1424 | 1424 | | (C) With respect to the estates of decedents who die on or after 1003 |
---|
1425 | 1425 | | January 1, 2015, but prior to January 1, 2016, a tax is imposed upon the 1004 |
---|
1426 | 1426 | | transfer of the estate of each person who at the time of death was a 1005 |
---|
1427 | 1427 | | Raised Bill No. 7410 |
---|
1428 | 1428 | | |
---|
1429 | 1429 | | |
---|
1430 | 1430 | | |
---|
1431 | 1431 | | LCO No. 6787 39 of 88 |
---|
1432 | 1432 | | |
---|
1433 | 1433 | | resident of this state. The amount of the tax shall be determined using 1006 |
---|
1434 | 1434 | | the schedule in subsection (g) of this section. A credit shall be allowed 1007 |
---|
1435 | 1435 | | against such tax for (i) any taxes paid to this state pursuant to section 1008 |
---|
1436 | 1436 | | 12-642, as amended by this act, by the decedent or the decedent's estate 1009 |
---|
1437 | 1437 | | for Connecticut taxable gifts made on or after January 1, 2005, and (ii) 1010 |
---|
1438 | 1438 | | any taxes paid by the decedent's spouse to this state pursuant to 1011 |
---|
1439 | 1439 | | section 12-642, as amended by this act, for Connecticut taxable gifts 1012 |
---|
1440 | 1440 | | made by the decedent on or after January 1, 2005, that are includable in 1013 |
---|
1441 | 1441 | | the gross estate of the decedent, provided such credit shall not exceed 1014 |
---|
1442 | 1442 | | the amount of tax imposed by this section. 1015 |
---|
1443 | 1443 | | (D) With respect to the estates of decedents who die on or after 1016 |
---|
1444 | 1444 | | January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 1017 |
---|
1445 | 1445 | | transfer of the estate of each person who at the time of death was a 1018 |
---|
1446 | 1446 | | resident of this state. The amount of the tax shall be determined using 1019 |
---|
1447 | 1447 | | the schedule in subsection (g) of this section. A credit shall be allowed 1020 |
---|
1448 | 1448 | | against such tax for (i) any taxes paid to this state pursuant to section 1021 |
---|
1449 | 1449 | | 12-642, as amended by this act, by the decedent or the decedent's estate 1022 |
---|
1450 | 1450 | | for Connecticut taxable gifts made on or after January 1, 2005, and (ii) 1023 |
---|
1451 | 1451 | | any taxes paid by the decedent's spouse to this state pursuant to 1024 |
---|
1452 | 1452 | | section 12-642, as amended by this act, for Connecticut taxable gifts 1025 |
---|
1453 | 1453 | | made by the decedent on or after January 1, 2005, that are includable in 1026 |
---|
1454 | 1454 | | the gross estate of the decedent, provided such credit shall not exceed 1027 |
---|
1455 | 1455 | | the amount of tax imposed by this section. In no event shall the 1028 |
---|
1456 | 1456 | | amount of tax payable under this section exceed twenty million 1029 |
---|
1457 | 1457 | | dollars. Such twenty-million-dollar limit shall be reduced by the 1030 |
---|
1458 | 1458 | | amount of (I) any taxes paid to this state pursuant to section 12-642, as 1031 |
---|
1459 | 1459 | | amended by this act, by the decedent or the decedent's estate for 1032 |
---|
1460 | 1460 | | Connecticut taxable gifts made on or after January 1, 2016, and (II) any 1033 |
---|
1461 | 1461 | | taxes paid by the decedent's spouse to this state pursuant to section 12-1034 |
---|
1462 | 1462 | | 642, as amended by this act, for Connecticut taxable gifts made by the 1035 |
---|
1463 | 1463 | | decedent on or after January 1, 2016, that are includable in the gross 1036 |
---|
1464 | 1464 | | estate of the decedent, but in no event shall the amount be reduced 1037 |
---|
1465 | 1465 | | below zero. 1038 |
---|
1466 | 1466 | | Raised Bill No. 7410 |
---|
1467 | 1467 | | |
---|
1468 | 1468 | | |
---|
1469 | 1469 | | |
---|
1470 | 1470 | | LCO No. 6787 40 of 88 |
---|
1471 | 1471 | | |
---|
1472 | 1472 | | [(E) With respect to the estates of decedents who die on or after 1039 |
---|
1473 | 1473 | | January 1, 2019, a tax is imposed upon the transfer of the estate of each 1040 |
---|
1474 | 1474 | | person who at the time of death was a resident of this state. The 1041 |
---|
1475 | 1475 | | amount of the tax shall be determined using the schedule in subsection 1042 |
---|
1476 | 1476 | | (g) of this section. A credit shall be allowed against such tax for (i) any 1043 |
---|
1477 | 1477 | | taxes paid to this state pursuant to section 12-642 by the decedent or 1044 |
---|
1478 | 1478 | | the decedent's estate for Connecticut taxable gifts made on or after 1045 |
---|
1479 | 1479 | | January 1, 2005, and (ii) any taxes paid by the decedent's spouse to this 1046 |
---|
1480 | 1480 | | state pursuant to section 12-642 for Connecticut taxable gifts made by 1047 |
---|
1481 | 1481 | | the decedent on or after January 1, 2005, that are includable in the 1048 |
---|
1482 | 1482 | | gross estate of the decedent, provided such credit shall not exceed the 1049 |
---|
1483 | 1483 | | amount of tax imposed by this section. In no event shall the amount of 1050 |
---|
1484 | 1484 | | tax payable under this section exceed fifteen million dollars. Such 1051 |
---|
1485 | 1485 | | fifteen-million-dollar limit shall be reduced by the amount of (I) any 1052 |
---|
1486 | 1486 | | taxes paid to this state pursuant to section 12-642 by the decedent or 1053 |
---|
1487 | 1487 | | the decedent's estate for Connecticut taxable gifts made on or after 1054 |
---|
1488 | 1488 | | January 1, 2016, and (II) any taxes paid by the decedent's spouse to this 1055 |
---|
1489 | 1489 | | state pursuant to section 12-642 for Connecticut taxable gifts made by 1056 |
---|
1490 | 1490 | | the decedent on or after January 1, 2016, that are includable in the 1057 |
---|
1491 | 1491 | | gross estate of the decedent, but in no event shall the amount be 1058 |
---|
1492 | 1492 | | reduced below zero.] 1059 |
---|
1493 | 1493 | | (2) If real or tangible personal property of such decedent is located 1060 |
---|
1494 | 1494 | | outside this state, the amount of tax due under this section shall be 1061 |
---|
1495 | 1495 | | reduced by an amount computed by multiplying the tax otherwise due 1062 |
---|
1496 | 1496 | | pursuant to subdivision (1) of this subsection, without regard to the 1063 |
---|
1497 | 1497 | | credit allowed for any taxes paid to this state pursuant to section 12-1064 |
---|
1498 | 1498 | | 642, as amended by this act, by a fraction, (A) the numerator of which 1065 |
---|
1499 | 1499 | | is the value of that part of the decedent's gross estate attributable to 1066 |
---|
1500 | 1500 | | real or tangible personal property located outside of the state, and (B) 1067 |
---|
1501 | 1501 | | the denominator of which is the value of the decedent's gross estate. 1068 |
---|
1502 | 1502 | | (3) For a resident estate, the state shall have the power to levy the 1069 |
---|
1503 | 1503 | | estate tax upon real property situated in this state, tangible personal 1070 |
---|
1504 | 1504 | | property having an actual situs in this state and intangible personal 1071 |
---|
1505 | 1505 | | Raised Bill No. 7410 |
---|
1506 | 1506 | | |
---|
1507 | 1507 | | |
---|
1508 | 1508 | | |
---|
1509 | 1509 | | LCO No. 6787 41 of 88 |
---|
1510 | 1510 | | |
---|
1511 | 1511 | | property included in the gross estate of the decedent, regardless of 1072 |
---|
1512 | 1512 | | where it is located. The state is permitted to calculate the estate tax and 1073 |
---|
1513 | 1513 | | levy said tax to the fullest extent permitted by the Constitution of the 1074 |
---|
1514 | 1514 | | United States. 1075 |
---|
1515 | 1515 | | (e) (1) (A) With respect to the estates of decedents who die on or 1076 |
---|
1516 | 1516 | | after January 1, 2005, but prior to January 1, 2010, a tax is imposed 1077 |
---|
1517 | 1517 | | upon the transfer of the estate of each person who at the time of death 1078 |
---|
1518 | 1518 | | was a nonresident of this state. The amount of such tax shall be 1079 |
---|
1519 | 1519 | | computed by multiplying (i) the amount of tax determined using the 1080 |
---|
1520 | 1520 | | schedule in subsection (g) of this section by (ii) a fraction, the 1081 |
---|
1521 | 1521 | | numerator of which is the value of that part of the decedent's gross 1082 |
---|
1522 | 1522 | | estate over which this state has jurisdiction for estate tax purposes, and 1083 |
---|
1523 | 1523 | | the denominator of which is the value of the decedent's gross estate. A 1084 |
---|
1524 | 1524 | | credit shall be allowed against such tax for any taxes paid to this state 1085 |
---|
1525 | 1525 | | pursuant to section 12-642, as amended by this act, for Connecticut 1086 |
---|
1526 | 1526 | | taxable gifts made on or after January 1, 2005, but prior to January 1, 1087 |
---|
1527 | 1527 | | 2010. 1088 |
---|
1528 | 1528 | | (B) With respect to the estates of decedents who die on or after 1089 |
---|
1529 | 1529 | | January 1, 2010, but prior to January 1, 2016, a tax is imposed upon the 1090 |
---|
1530 | 1530 | | transfer of the estate of each person who at the time of death was a 1091 |
---|
1531 | 1531 | | nonresident of this state. The amount of such tax shall be computed by 1092 |
---|
1532 | 1532 | | multiplying (i) the amount of tax determined using the schedule in 1093 |
---|
1533 | 1533 | | subsection (g) of this section by (ii) a fraction, the numerator of which 1094 |
---|
1534 | 1534 | | is the value of that part of the decedent's gross estate over which this 1095 |
---|
1535 | 1535 | | state has jurisdiction for estate tax purposes, and the denominator of 1096 |
---|
1536 | 1536 | | which is the value of the decedent's gross estate. A credit shall be 1097 |
---|
1537 | 1537 | | allowed against such tax for any taxes paid to this state pursuant to 1098 |
---|
1538 | 1538 | | section 12-642, as amended by this act, for Connecticut taxable gifts 1099 |
---|
1539 | 1539 | | made on or after January 1, 2005, provided such credit shall not exceed 1100 |
---|
1540 | 1540 | | the amount of tax imposed by this section. 1101 |
---|
1541 | 1541 | | (C) With respect to the estates of decedents who die on or after 1102 |
---|
1542 | 1542 | | January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 1103 |
---|
1543 | 1543 | | Raised Bill No. 7410 |
---|
1544 | 1544 | | |
---|
1545 | 1545 | | |
---|
1546 | 1546 | | |
---|
1547 | 1547 | | LCO No. 6787 42 of 88 |
---|
1548 | 1548 | | |
---|
1549 | 1549 | | transfer of the estate of each person who at the time of death was a 1104 |
---|
1550 | 1550 | | nonresident of this state. The amount of such tax shall be computed by 1105 |
---|
1551 | 1551 | | multiplying (i) the amount of tax determined using the schedule in 1106 |
---|
1552 | 1552 | | subsection (g) of this section by (ii) a fraction, the numerator of which 1107 |
---|
1553 | 1553 | | is the value of that part of the decedent's gross estate over which this 1108 |
---|
1554 | 1554 | | state has jurisdiction for estate tax purposes, and the denominator of 1109 |
---|
1555 | 1555 | | which is the value of the decedent's gross estate. A credit shall be 1110 |
---|
1556 | 1556 | | allowed against such tax for any taxes paid to this state pursuant to 1111 |
---|
1557 | 1557 | | section 12-642, as amended by this act, for Connecticut taxable gifts 1112 |
---|
1558 | 1558 | | made on or after January 1, 2005, provided such credit shall not exceed 1113 |
---|
1559 | 1559 | | the amount of tax imposed by this section. In no event shall the 1114 |
---|
1560 | 1560 | | amount of tax payable under this section exceed twenty million 1115 |
---|
1561 | 1561 | | dollars. Such twenty-million-dollar limit shall be reduced by the 1116 |
---|
1562 | 1562 | | amount of (I) any taxes paid to this state pursuant to section 12-642, as 1117 |
---|
1563 | 1563 | | amended by this act, by the decedent or the decedent's estate for 1118 |
---|
1564 | 1564 | | Connecticut taxable gifts made on or after January 1, 2016, and (II) any 1119 |
---|
1565 | 1565 | | taxes paid by the decedent's spouse to this state pursuant to section 12-1120 |
---|
1566 | 1566 | | 642, as amended by this act, for Connecticut taxable gifts made by the 1121 |
---|
1567 | 1567 | | decedent on or after January 1, 2016, that are includable in the gross 1122 |
---|
1568 | 1568 | | estate of the decedent, but in no event shall the amount be reduced 1123 |
---|
1569 | 1569 | | below zero. 1124 |
---|
1570 | 1570 | | [(D) With respect to the estates of decedents who die on or after 1125 |
---|
1571 | 1571 | | January 1, 2019, a tax is imposed upon the transfer of the estate of each 1126 |
---|
1572 | 1572 | | person who at the time of death was a nonresident of this state. The 1127 |
---|
1573 | 1573 | | amount of such tax shall be computed by multiplying the amount of 1128 |
---|
1574 | 1574 | | tax determined using the schedule in subsection (g) of this section by a 1129 |
---|
1575 | 1575 | | fraction, the numerator of which is the value of that part of the 1130 |
---|
1576 | 1576 | | decedent's gross estate over which this state has jurisdiction for estate 1131 |
---|
1577 | 1577 | | tax purposes, and the denominator of which is the value of the 1132 |
---|
1578 | 1578 | | decedent's gross estate. A credit shall be allowed against such tax for 1133 |
---|
1579 | 1579 | | (i) any taxes paid to this state pursuant to section 12-642 by the 1134 |
---|
1580 | 1580 | | decedent or the decedent's estate for Connecticut taxable gifts made on 1135 |
---|
1581 | 1581 | | or after January 1, 2005, and (ii) any taxes paid by the decedent's 1136 |
---|
1582 | 1582 | | Raised Bill No. 7410 |
---|
1583 | 1583 | | |
---|
1584 | 1584 | | |
---|
1585 | 1585 | | |
---|
1586 | 1586 | | LCO No. 6787 43 of 88 |
---|
1587 | 1587 | | |
---|
1588 | 1588 | | spouse to this state pursuant to section 12-642 for Connecticut taxable 1137 |
---|
1589 | 1589 | | gifts made by the decedent on or after January 1, 2005, that are 1138 |
---|
1590 | 1590 | | includable in the gross estate of the decedent, provided such credit 1139 |
---|
1591 | 1591 | | shall not exceed the amount of tax imposed by this section. In no event 1140 |
---|
1592 | 1592 | | shall the amount of tax payable under this section exceed fifteen 1141 |
---|
1593 | 1593 | | million dollars. Such fifteen-million-dollar limit shall be reduced by 1142 |
---|
1594 | 1594 | | the amount of (I) any taxes paid to this state pursuant to section 12-642 1143 |
---|
1595 | 1595 | | by the decedent or the decedent's estate for Connecticut taxable gifts 1144 |
---|
1596 | 1596 | | made on or after January 1, 2016, and (II) any taxes paid by the 1145 |
---|
1597 | 1597 | | decedent's spouse to this state pursuant to section 12-642 for 1146 |
---|
1598 | 1598 | | Connecticut taxable gifts made by the decedent on or after January 1, 1147 |
---|
1599 | 1599 | | 2016, that are includable in the gross estate of the decedent, but in no 1148 |
---|
1600 | 1600 | | event shall the amount be reduced below zero.] 1149 |
---|
1601 | 1601 | | (2) For a nonresident estate, the state shall have the power to levy 1150 |
---|
1602 | 1602 | | the estate tax upon all real property situated in this state and tangible 1151 |
---|
1603 | 1603 | | personal property having an actual situs in this state. The state is 1152 |
---|
1604 | 1604 | | permitted to calculate the estate tax and levy said tax to the fullest 1153 |
---|
1605 | 1605 | | extent permitted by the Constitution of the United States. 1154 |
---|
1606 | 1606 | | (f) (1) For purposes of the tax imposed under this section, the value 1155 |
---|
1607 | 1607 | | of the Connecticut taxable estate shall be determined taking into 1156 |
---|
1608 | 1608 | | account all of the deductions available under the Internal Revenue 1157 |
---|
1609 | 1609 | | Code of 1986, specifically including, but not limited to, the deduction 1158 |
---|
1610 | 1610 | | available under Section 2056(b)(7) of said code for a qualifying income 1159 |
---|
1611 | 1611 | | interest for life in a surviving spouse. 1160 |
---|
1612 | 1612 | | (2) An election under said Section 2056(b)(7) may be made for state 1161 |
---|
1613 | 1613 | | estate tax purposes regardless of whether any such election is made for 1162 |
---|
1614 | 1614 | | federal estate tax purposes. The value of the gross estate shall include 1163 |
---|
1615 | 1615 | | the value of any property in which the decedent had a qualifying 1164 |
---|
1616 | 1616 | | income interest for life for which an election was made under this 1165 |
---|
1617 | 1617 | | subsection. 1166 |
---|
1618 | 1618 | | (g) (1) With respect to the estates of decedents dying on or after 1167 |
---|
1619 | 1619 | | Raised Bill No. 7410 |
---|
1620 | 1620 | | |
---|
1621 | 1621 | | |
---|
1622 | 1622 | | |
---|
1623 | 1623 | | LCO No. 6787 44 of 88 |
---|
1624 | 1624 | | |
---|
1625 | 1625 | | January 1, 2005, but prior to January 1, 2010, the tax based on the 1168 |
---|
1626 | 1626 | | Connecticut taxable estate shall be as provided in the following 1169 |
---|
1627 | 1627 | | schedule: 1170 |
---|
1628 | 1628 | | T163 Amount of Connecticut |
---|
1629 | 1629 | | T164 Taxable Estate Rate of Tax |
---|
1630 | 1630 | | T165 Not over $2,000,000 None |
---|
1631 | 1631 | | T166 Over $2,000,000 |
---|
1632 | 1632 | | T167 but not over $2,100,000 5.085% of the excess over $0 |
---|
1633 | 1633 | | T168 Over $2,100,000 $106,800 plus 8% of the excess |
---|
1634 | 1634 | | T169 but not over $2,600,000 over $2,100,000 |
---|
1635 | 1635 | | T170 Over $2,600,000 $146,800 plus 8.8% of the excess |
---|
1636 | 1636 | | T171 but not over $3,100,000 over $2,600,000 |
---|
1637 | 1637 | | T172 Over $3,100,000 $190,800 plus 9.6% of the excess |
---|
1638 | 1638 | | T173 but not over $3,600,000 over $3,100,000 |
---|
1639 | 1639 | | T174 Over $3,600,000 $238,800 plus 10.4% of the excess |
---|
1640 | 1640 | | T175 but not over $4,100,000 over $3,600,000 |
---|
1641 | 1641 | | T176 Over $4,100,000 $290,800 plus 11.2% of the excess |
---|
1642 | 1642 | | T177 but not over $5,100,000 over $4,100,000 |
---|
1643 | 1643 | | T178 Over $5,100,000 $402,800 plus 12% of the excess |
---|
1644 | 1644 | | T179 but not over $6,100,000 over $5,100,000 |
---|
1645 | 1645 | | T180 Over $6,100,000 $522,800 plus 12.8% of the excess |
---|
1646 | 1646 | | T181 but not over $7,100,000 over $6,100,000 |
---|
1647 | 1647 | | T182 Over $7,100,000 $650,800 plus 13.6% of the excess |
---|
1648 | 1648 | | T183 but not over $8,100,000 over $7,100,000 |
---|
1649 | 1649 | | T184 Over $8,100,000 $786,800 plus 14.4% of the excess |
---|
1650 | 1650 | | T185 but not over $9,100,000 over $8,100,000 |
---|
1651 | 1651 | | T186 Over $9,100,000 $930,800 plus 15.2% of the excess |
---|
1652 | 1652 | | T187 but not over $10,100,000 over $9,100,000 |
---|
1653 | 1653 | | T188 Over $10,100,000 $1,082,800 plus 16% of the excess |
---|
1654 | 1654 | | T189 over $10,100,000 |
---|
1655 | 1655 | | |
---|
1656 | 1656 | | (2) With respect to the estates of decedents dying on or after January 1171 |
---|
1657 | 1657 | | 1, 2010, but prior to January 1, 2011, the tax based on the Connecticut 1172 |
---|
1658 | 1658 | | Raised Bill No. 7410 |
---|
1659 | 1659 | | |
---|
1660 | 1660 | | |
---|
1661 | 1661 | | |
---|
1662 | 1662 | | LCO No. 6787 45 of 88 |
---|
1663 | 1663 | | |
---|
1664 | 1664 | | taxable estate shall be as provided in the following schedule: 1173 |
---|
1665 | 1665 | | T190 Amount of Connecticut |
---|
1666 | 1666 | | T191 Taxable Estate Rate of Tax |
---|
1667 | 1667 | | T192 Not over $3,500,000 None |
---|
1668 | 1668 | | T193 Over $3,500,000 7.2% of the excess |
---|
1669 | 1669 | | T194 but not over $3,600,000 over $3,500,000 |
---|
1670 | 1670 | | T195 Over $3,600,000 $7,200 plus 7.8% of the excess |
---|
1671 | 1671 | | T196 but not over $4,100,000 over $3,600,000 |
---|
1672 | 1672 | | T197 Over $4,100,000 $46,200 plus 8.4% of the excess |
---|
1673 | 1673 | | T198 but not over $5,100,000 over $4,100,000 |
---|
1674 | 1674 | | T199 Over $5,100,000 $130,200 plus 9.0% of the excess |
---|
1675 | 1675 | | T200 but not over $6,100,000 over $5,100,000 |
---|
1676 | 1676 | | T201 Over $6,100,000 $220,200 plus 9.6% of the excess |
---|
1677 | 1677 | | T202 but not over $7,100,000 over $6,100,000 |
---|
1678 | 1678 | | T203 Over $7,100,000 $316,200 plus 10.2% of the excess |
---|
1679 | 1679 | | T204 but not over $8,100,000 over $7,100,000 |
---|
1680 | 1680 | | T205 Over $8,100,000 $418,200 plus 10.8% of the excess |
---|
1681 | 1681 | | T206 but not over $9,100,000 over $8,100,000 |
---|
1682 | 1682 | | T207 Over $9,100,000 $526,200 plus 11.4% of the excess |
---|
1683 | 1683 | | T208 but not over $10,100,000 over $9,100,000 |
---|
1684 | 1684 | | T209 Over $10,100,000 $640,200 plus 12% of the excess |
---|
1685 | 1685 | | T210 over $10,100,000 |
---|
1686 | 1686 | | |
---|
1687 | 1687 | | (3) With respect to the estates of decedents dying on or after January 1174 |
---|
1688 | 1688 | | 1, 2011, but prior to January 1, 2018, the tax based on the Connecticut 1175 |
---|
1689 | 1689 | | taxable estate shall be as provided in the following schedule: 1176 |
---|
1690 | 1690 | | T211 Amount of Connecticut |
---|
1691 | 1691 | | T212 Taxable Estate Rate of Tax |
---|
1692 | 1692 | | T213 Not over $2,000,000 None |
---|
1693 | 1693 | | T214 Over $2,000,000 7.2% of the excess |
---|
1694 | 1694 | | T215 but not over $3,600,000 over $2,000,000 |
---|
1695 | 1695 | | T216 Over $3,600,000 $115,200 plus 7.8% of the excess |
---|
1696 | 1696 | | Raised Bill No. 7410 |
---|
1697 | 1697 | | |
---|
1698 | 1698 | | |
---|
1699 | 1699 | | |
---|
1700 | 1700 | | LCO No. 6787 46 of 88 |
---|
1701 | 1701 | | |
---|
1702 | 1702 | | T217 but not over $4,100,000 over $3,600,000 |
---|
1703 | 1703 | | T218 Over $4,100,000 $154,200 plus 8.4% of the excess |
---|
1704 | 1704 | | T219 but not over $5,100,000 over $4,100,000 |
---|
1705 | 1705 | | T220 Over $5,100,000 $238,200 plus 9.0% of the excess |
---|
1706 | 1706 | | T221 but not over $6,100,000 over $5,100,000 |
---|
1707 | 1707 | | T222 Over $6,100,000 $328,200 plus 9.6% of the excess |
---|
1708 | 1708 | | T223 but not over $7,100,000 over $6,100,000 |
---|
1709 | 1709 | | T224 Over $7,100,000 $424,200 plus 10.2% of the excess |
---|
1710 | 1710 | | T225 but not over $8,100,000 over $7,100,000 |
---|
1711 | 1711 | | T226 Over $8,100,000 $526,200 plus 10.8% of the excess |
---|
1712 | 1712 | | T227 but not over $9,100,000 over $8,100,000 |
---|
1713 | 1713 | | T228 Over $9,100,000 $634,200 plus 11.4% of the excess |
---|
1714 | 1714 | | T229 but not over $10,100,000 over $9,100,000 |
---|
1715 | 1715 | | T230 Over $10,100,000 $748,200 plus 12% of the excess |
---|
1716 | 1716 | | T231 over $10,100,000 |
---|
1717 | 1717 | | |
---|
1718 | 1718 | | (4) With respect to the estates of decedents dying on or after January 1177 |
---|
1719 | 1719 | | 1, 2018, but prior to January 1, 2019, the tax based on the Connecticut 1178 |
---|
1720 | 1720 | | taxable estate shall be as provided in the following schedule: 1179 |
---|
1721 | 1721 | | T232 Amount of Connecticut |
---|
1722 | 1722 | | T233 Taxable Estate Rate of Tax |
---|
1723 | 1723 | | T234 Not over $2,600,000 None |
---|
1724 | 1724 | | T235 Over $2,600,000 7.2% of the excess |
---|
1725 | 1725 | | T236 but not over $3,600,000 over $2,600,000 |
---|
1726 | 1726 | | T237 Over $3,600,000 $72,000 plus 7.8% of the excess |
---|
1727 | 1727 | | T238 but not over $4,100,000 over $3,600,000 |
---|
1728 | 1728 | | T239 Over $4,100,000 $111,000 plus 8.4% of the excess |
---|
1729 | 1729 | | T240 but not over $5,100,000 over $4,100,000 |
---|
1730 | 1730 | | T241 Over $5,100,000 $195,000 plus 10% of the excess |
---|
1731 | 1731 | | T242 but not over $6,100,000 over $5,100,000 |
---|
1732 | 1732 | | T243 Over $6,100,000 $295,000 plus 10.4% of the excess |
---|
1733 | 1733 | | T244 but not over $7,100,000 over $6,100,000 |
---|
1734 | 1734 | | T245 Over $7,100,000 $399,000 plus 10.8% of the excess |
---|
1735 | 1735 | | Raised Bill No. 7410 |
---|
1736 | 1736 | | |
---|
1737 | 1737 | | |
---|
1738 | 1738 | | |
---|
1739 | 1739 | | LCO No. 6787 47 of 88 |
---|
1740 | 1740 | | |
---|
1741 | 1741 | | T246 but not over $8,100,000 over $7,100,000 |
---|
1742 | 1742 | | T247 Over $8,100,000 $507,000 plus 11.2% of the excess |
---|
1743 | 1743 | | T248 but not over $9,100,000 over $8,100,000 |
---|
1744 | 1744 | | T249 Over $9,100,000 $619,000 plus 11.6% of the excess |
---|
1745 | 1745 | | T250 but not over $10,100,000 over $9,100,000 |
---|
1746 | 1746 | | T251 Over $10,100,000 $735,000 plus 12% of the excess |
---|
1747 | 1747 | | T252 over $10,100,000 |
---|
1748 | 1748 | | |
---|
1749 | 1749 | | [(5) With respect to the estates of decedents dying on or after 1180 |
---|
1750 | 1750 | | January 1, 2019, but prior to January 1, 2020, the tax based on the 1181 |
---|
1751 | 1751 | | Connecticut taxable estate shall be as provided in the following 1182 |
---|
1752 | 1752 | | schedule: 1183 |
---|
1753 | 1753 | | T253 Amount of Connecticut |
---|
1754 | 1754 | | T254 Taxable Estate Rate of Tax |
---|
1755 | 1755 | | T255 Not over $3,600,000 None |
---|
1756 | 1756 | | T256 Over $3,600,000 7.8% of the excess |
---|
1757 | 1757 | | T257 but not over $4,100,000 over $3,600,000 |
---|
1758 | 1758 | | T258 Over $4,100,000 $39,000 plus 8.4% of the excess |
---|
1759 | 1759 | | T259 but not over $5,100,000 over $4,100,000 |
---|
1760 | 1760 | | T260 Over $5,100,000 $123,000 plus 10% of the excess |
---|
1761 | 1761 | | T261 but not over $6,100,000 over $5,100,000 |
---|
1762 | 1762 | | T262 Over $6,100,000 $223,000 plus 10.4% of the excess |
---|
1763 | 1763 | | T263 but not over $7,100,000 over $6,100,000 |
---|
1764 | 1764 | | T264 Over $7,100,000 $327,000 plus 10.8% of the excess |
---|
1765 | 1765 | | T265 but not over $8,100,000 over $7,100,000 |
---|
1766 | 1766 | | T266 Over $8,100,000 $435,000 plus 11.2% of the excess |
---|
1767 | 1767 | | T267 but not over $9,100,000 over $8,100,000 |
---|
1768 | 1768 | | T268 Over $9,100,000 $547,000 plus 11.6% of the excess |
---|
1769 | 1769 | | T269 but not over $10,100,000 over $9,100,000 |
---|
1770 | 1770 | | T270 Over $10,100,000 $663,000 plus 12% of the excess |
---|
1771 | 1771 | | T271 over $10,100,000 |
---|
1772 | 1772 | | |
---|
1773 | 1773 | | (6) With respect to the estates of decedents dying on or after January 1184 |
---|
1774 | 1774 | | Raised Bill No. 7410 |
---|
1775 | 1775 | | |
---|
1776 | 1776 | | |
---|
1777 | 1777 | | |
---|
1778 | 1778 | | LCO No. 6787 48 of 88 |
---|
1779 | 1779 | | |
---|
1780 | 1780 | | 1, 2020, but prior to January 1, 2021, the tax based on the Connecticut 1185 |
---|
1781 | 1781 | | taxable estate shall be as provided in the following schedule: 1186 |
---|
1782 | 1782 | | T272 Amount of Connecticut |
---|
1783 | 1783 | | T273 Taxable Estate Rate of Tax |
---|
1784 | 1784 | | T274 Not over $5,100,000 None |
---|
1785 | 1785 | | T275 Over $5,100,000 10% of the excess |
---|
1786 | 1786 | | T276 but not over $6,100,000 over $5,100,000 |
---|
1787 | 1787 | | T277 Over $6,100,000 $100,000 plus 10.4% of the excess |
---|
1788 | 1788 | | T278 but not over $7,100,000 over $6,100,000 |
---|
1789 | 1789 | | T279 Over $7,100,000 $204,000 plus 10.8% of the excess |
---|
1790 | 1790 | | T280 but not over $8,100,000 over $7,100,000 |
---|
1791 | 1791 | | T281 Over $8,100,000 $312,000 plus 11.2% of the excess |
---|
1792 | 1792 | | T282 but not over $9,100,000 over $8,100,000 |
---|
1793 | 1793 | | T283 Over $9,100,000 $424,000 plus 11.6% of the excess |
---|
1794 | 1794 | | T284 but not over $10,100,000 over $9,100,000 |
---|
1795 | 1795 | | T285 Over $10,100,000 $540,000 plus 12% of the excess |
---|
1796 | 1796 | | T286 over $10,100,000 |
---|
1797 | 1797 | | |
---|
1798 | 1798 | | (7) With respect to the estates of decedents dying on or after January 1187 |
---|
1799 | 1799 | | 1, 2021, but prior to January 1, 2022, the tax based on the Connecticut 1188 |
---|
1800 | 1800 | | taxable estate shall be as provided in the following schedule: 1189 |
---|
1801 | 1801 | | T287 Amount of Connecticut |
---|
1802 | 1802 | | T288 Taxable Estate Rate of Tax |
---|
1803 | 1803 | | T289 Not over $7,100,000 None |
---|
1804 | 1804 | | T290 Over $7,100,000 10.8% of the excess |
---|
1805 | 1805 | | T291 but not over $8,100,000 over $7,100,000 |
---|
1806 | 1806 | | T292 Over $8,100,000 $108,000 plus 11.2% of the excess |
---|
1807 | 1807 | | T293 but not over $9,100,000 over $8,100,000 |
---|
1808 | 1808 | | T294 Over $9,100,000 $220,000 plus 11.6% of the excess |
---|
1809 | 1809 | | T295 but not over $10,100,000 over $9,100,000 |
---|
1810 | 1810 | | T296 Over $10,100,000 $336,000 plus 12% of the excess |
---|
1811 | 1811 | | T297 over $10,100,000 |
---|
1812 | 1812 | | Raised Bill No. 7410 |
---|
1813 | 1813 | | |
---|
1814 | 1814 | | |
---|
1815 | 1815 | | |
---|
1816 | 1816 | | LCO No. 6787 49 of 88 |
---|
1817 | 1817 | | |
---|
1818 | 1818 | | |
---|
1819 | 1819 | | (8) With respect to the estates of decedents dying on or after January 1190 |
---|
1820 | 1820 | | 1, 2022, but prior to January 1, 2023, the tax based on the Connecticut 1191 |
---|
1821 | 1821 | | taxable estate shall be as provided in the following schedule: 1192 |
---|
1822 | 1822 | | T298 Amount of Connecticut |
---|
1823 | 1823 | | T299 Taxable Estate Rate of Tax |
---|
1824 | 1824 | | T300 Not over $9,100,000 None |
---|
1825 | 1825 | | T301 Over $9,100,000 11.6% of the excess |
---|
1826 | 1826 | | T302 but not over $10,100,000 over $9,100,000 |
---|
1827 | 1827 | | T303 Over $10,100,000 $116,000 plus 12% of the excess |
---|
1828 | 1828 | | T304 over $10,100,000 |
---|
1829 | 1829 | | |
---|
1830 | 1830 | | (9) With respect to the estates of decedents dying on or after January 1193 |
---|
1831 | 1831 | | 1, 2023, the tax based on the Connecticut taxable estate shall be as 1194 |
---|
1832 | 1832 | | provided in the following schedule: 1195 |
---|
1833 | 1833 | | T305 Amount of Connecticut |
---|
1834 | 1834 | | T306 Taxable Estate Rate of Tax |
---|
1835 | 1835 | | T307 Not over the None |
---|
1836 | 1836 | | T308 federal basic exclusion amount |
---|
1837 | 1837 | | T309 Over the 12% of the excess over the |
---|
1838 | 1838 | | T310 federal basic exclusion amount federal basic exclusion amount] |
---|
1839 | 1839 | | |
---|
1840 | 1840 | | (h) (1) For the purposes of this chapter, each decedent shall be 1196 |
---|
1841 | 1841 | | presumed to have died a resident of this state. The burden of proof in 1197 |
---|
1842 | 1842 | | an estate tax proceeding shall be upon any decedent's estate claiming 1198 |
---|
1843 | 1843 | | exemption by reason of the decedent's alleged nonresidency. 1199 |
---|
1844 | 1844 | | (2) Any person required to make and file a tax return under this 1200 |
---|
1845 | 1845 | | chapter, believing that the decedent died a nonresident of this state, 1201 |
---|
1846 | 1846 | | may file a request for determination of domicile in writing with the 1202 |
---|
1847 | 1847 | | Commissioner of Revenue Services, stating the specific grounds upon 1203 |
---|
1848 | 1848 | | which the request is founded provided (A) such person has filed such 1204 |
---|
1849 | 1849 | | return, (B) at least two hundred seventy days, but no more than three 1205 |
---|
1850 | 1850 | | Raised Bill No. 7410 |
---|
1851 | 1851 | | |
---|
1852 | 1852 | | |
---|
1853 | 1853 | | |
---|
1854 | 1854 | | LCO No. 6787 50 of 88 |
---|
1855 | 1855 | | |
---|
1856 | 1856 | | years, has elapsed since the due date of such return or, if an 1206 |
---|
1857 | 1857 | | application for extension of time to file such return has been granted, 1207 |
---|
1858 | 1858 | | the extended due date of such return, (C) such person has not been 1208 |
---|
1859 | 1859 | | notified, in writing, by said commissioner that a written agreement of 1209 |
---|
1860 | 1860 | | compromise with the taxing authorities of another jurisdiction, under 1210 |
---|
1861 | 1861 | | section 12-395a, is being negotiated, and (D) the commissioner has not 1211 |
---|
1862 | 1862 | | previously determined whether the decedent died a resident of this 1212 |
---|
1863 | 1863 | | state. Not later than one hundred eighty days following receipt of such 1213 |
---|
1864 | 1864 | | request for determination, the commissioner shall determine whether 1214 |
---|
1865 | 1865 | | such decedent died a resident or a nonresident of this state. If the 1215 |
---|
1866 | 1866 | | commissioner commences negotiations over a written agreement of 1216 |
---|
1867 | 1867 | | compromise with the taxing authorities of another jurisdiction after a 1217 |
---|
1868 | 1868 | | request for determination of domicile is filed, the one-hundred-eighty-1218 |
---|
1869 | 1869 | | day period shall be tolled for the duration of such negotiations. When, 1219 |
---|
1870 | 1870 | | before the expiration of such one-hundred-eighty-day period, both the 1220 |
---|
1871 | 1871 | | commissioner and the person required to make and file a tax return 1221 |
---|
1872 | 1872 | | under this chapter have consented in writing to the making of such 1222 |
---|
1873 | 1873 | | determination after such time, the determination may be made at any 1223 |
---|
1874 | 1874 | | time prior to the expiration of the period agreed upon. The period so 1224 |
---|
1875 | 1875 | | agreed upon may be extended by subsequent agreements in writing 1225 |
---|
1876 | 1876 | | made before the expiration of the period previously agreed upon. The 1226 |
---|
1877 | 1877 | | commissioner shall mail notice of his proposed determination to the 1227 |
---|
1878 | 1878 | | person required to make and file a tax return under this chapter. Such 1228 |
---|
1879 | 1879 | | notice shall set forth briefly the commissioner's findings of fact and the 1229 |
---|
1880 | 1880 | | basis of such proposed determination. Sixty days after the date on 1230 |
---|
1881 | 1881 | | which it is mailed, a notice of proposed determination shall constitute 1231 |
---|
1882 | 1882 | | a final determination unless the person required to make and file a tax 1232 |
---|
1883 | 1883 | | return under this chapter has filed, as provided in subdivision (3) of 1233 |
---|
1884 | 1884 | | this subsection, a written protest with the Commissioner of Revenue 1234 |
---|
1885 | 1885 | | Services. 1235 |
---|
1886 | 1886 | | (3) On or before the sixtieth day after mailing of the proposed 1236 |
---|
1887 | 1887 | | determination, the person required to make and file a tax return under 1237 |
---|
1888 | 1888 | | this chapter may file with the commissioner a written protest against 1238 |
---|
1889 | 1889 | | Raised Bill No. 7410 |
---|
1890 | 1890 | | |
---|
1891 | 1891 | | |
---|
1892 | 1892 | | |
---|
1893 | 1893 | | LCO No. 6787 51 of 88 |
---|
1894 | 1894 | | |
---|
1895 | 1895 | | the proposed determination in which such person shall set forth the 1239 |
---|
1896 | 1896 | | grounds on which the protest is based. If such a protest is filed, the 1240 |
---|
1897 | 1897 | | commissioner shall reconsider the proposed determination and, if the 1241 |
---|
1898 | 1898 | | person required to make and file a tax return under this chapter has so 1242 |
---|
1899 | 1899 | | requested, may grant or deny such person or the authorized 1243 |
---|
1900 | 1900 | | representatives of such person an oral hearing. 1244 |
---|
1901 | 1901 | | (4) Notice of the commissioner's determination shall be mailed to 1245 |
---|
1902 | 1902 | | the person required to make and file a tax return under this chapter 1246 |
---|
1903 | 1903 | | and such notice shall set forth briefly the commissioner's findings of 1247 |
---|
1904 | 1904 | | fact and the basis of decision in each case decided adversely to such 1248 |
---|
1905 | 1905 | | person. 1249 |
---|
1906 | 1906 | | (5) The action of the commissioner on a written protest shall be final 1250 |
---|
1907 | 1907 | | upon the expiration of one month from the date on which he mails 1251 |
---|
1908 | 1908 | | notice of his action to the person required to make and file a tax return 1252 |
---|
1909 | 1909 | | under this chapter unless within such period such person seeks review 1253 |
---|
1910 | 1910 | | of the commissioner's determination pursuant to subsection (b) of 1254 |
---|
1911 | 1911 | | section 12-395. 1255 |
---|
1912 | 1912 | | (6) Nothing in this subsection shall be construed to relieve any 1256 |
---|
1913 | 1913 | | person filing a request for determination of domicile of the obligation 1257 |
---|
1914 | 1914 | | to pay the correct amount of tax on or before the due date of the tax. 1258 |
---|
1915 | 1915 | | (i) The tax calculated pursuant to the provisions of this section shall 1259 |
---|
1916 | 1916 | | be reduced in an amount equal to half of the amount invested by a 1260 |
---|
1917 | 1917 | | decedent in a private investment fund or fund of funds pursuant to 1261 |
---|
1918 | 1918 | | subdivision (43) of section 32-39, provided (1) any such reduction shall 1262 |
---|
1919 | 1919 | | not exceed five million dollars for any such decedent, (2) any such 1263 |
---|
1920 | 1920 | | amount invested by the decedent shall have been invested in such 1264 |
---|
1921 | 1921 | | fund or fund of funds for ten years or more, and (3) the aggregate 1265 |
---|
1922 | 1922 | | amount of all taxes reduced under this subsection shall not exceed 1266 |
---|
1923 | 1923 | | thirty million dollars. 1267 |
---|
1924 | 1924 | | Sec. 19. Section 12-392 of the general statutes is repealed and the 1268 |
---|
1925 | 1925 | | following is substituted in lieu thereof (Effective from passage and 1269 |
---|
1926 | 1926 | | Raised Bill No. 7410 |
---|
1927 | 1927 | | |
---|
1928 | 1928 | | |
---|
1929 | 1929 | | |
---|
1930 | 1930 | | LCO No. 6787 52 of 88 |
---|
1931 | 1931 | | |
---|
1932 | 1932 | | applicable to decedents dying on or after January 1, 2019): 1270 |
---|
1933 | 1933 | | (a) (1) For the estates of decedents dying prior to July 1, 2009, the tax 1271 |
---|
1934 | 1934 | | imposed by this chapter shall become due at the date of the taxable 1272 |
---|
1935 | 1935 | | transfer and shall become payable, and shall be paid, without 1273 |
---|
1936 | 1936 | | assessment, notice or demand, to the Commissioner of Revenue 1274 |
---|
1937 | 1937 | | Services at the expiration of nine months from the date of death. For 1275 |
---|
1938 | 1938 | | the estates of decedents dying on or after July 1, 2009, but prior to 1276 |
---|
1939 | 1939 | | January 1, 2019, the tax imposed by this chapter shall become due at 1277 |
---|
1940 | 1940 | | the date of the taxable transfer and shall become payable and shall be 1278 |
---|
1941 | 1941 | | paid, without assessment, notice or demand, to the commissioner at 1279 |
---|
1942 | 1942 | | the expiration of six months from the date of death. Executors, 1280 |
---|
1943 | 1943 | | administrators, trustees, grantees, donees, beneficiaries and surviving 1281 |
---|
1944 | 1944 | | joint owners shall be liable for the tax and for any interest or penalty 1282 |
---|
1945 | 1945 | | thereon until it is paid, notwithstanding any provision of chapter 802b, 1283 |
---|
1946 | 1946 | | except that no executor, administrator, trustee, grantee, donee, 1284 |
---|
1947 | 1947 | | beneficiary or surviving joint owner shall be liable for a greater sum 1285 |
---|
1948 | 1948 | | than the value of the property actually received by him or her. If the 1286 |
---|
1949 | 1949 | | amount of tax reported to be due on the return is not paid, for the 1287 |
---|
1950 | 1950 | | estates of decedents dying prior to July 1, 2009, within such nine 1288 |
---|
1951 | 1951 | | months, or for the estates of decedents dying on or after July 1, 2009, 1289 |
---|
1952 | 1952 | | but prior to January 1, 2019, within such six months, there shall be 1290 |
---|
1953 | 1953 | | imposed a penalty equal to ten per cent of such amount due and 1291 |
---|
1954 | 1954 | | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 1292 |
---|
1955 | 1955 | | interest at the rate of one per cent per month or fraction thereof from 1293 |
---|
1956 | 1956 | | the due date of such tax until the date of payment. Subject to the 1294 |
---|
1957 | 1957 | | provisions of section 12-3a, the commissioner may waive all or part of 1295 |
---|
1958 | 1958 | | the penalties provided under this chapter when it is proven to the 1296 |
---|
1959 | 1959 | | commissioner's satisfaction that the failure to pay any tax was due to 1297 |
---|
1960 | 1960 | | reasonable cause and was not intentional or due to neglect. 1298 |
---|
1961 | 1961 | | (2) The Commissioner of Revenue Services may, for reasonable 1299 |
---|
1962 | 1962 | | cause shown, extend the time for payment. The commissioner may 1300 |
---|
1963 | 1963 | | require the filing of a tentative return and the payment of the tax 1301 |
---|
1964 | 1964 | | reported to be due thereon in connection with such extension. Any 1302 |
---|
1965 | 1965 | | Raised Bill No. 7410 |
---|
1966 | 1966 | | |
---|
1967 | 1967 | | |
---|
1968 | 1968 | | |
---|
1969 | 1969 | | LCO No. 6787 53 of 88 |
---|
1970 | 1970 | | |
---|
1971 | 1971 | | additional tax which may be found to be due on the filing of a return 1303 |
---|
1972 | 1972 | | as allowed by such extension shall bear interest at the rate of one per 1304 |
---|
1973 | 1973 | | cent per month or fraction thereof from the original due date of such 1305 |
---|
1974 | 1974 | | tax to the date of actual payment. 1306 |
---|
1975 | 1975 | | (3) (A) Whenever there is a claimed overpayment of the tax imposed 1307 |
---|
1976 | 1976 | | by this chapter, the Commissioner of Revenue Services shall return to 1308 |
---|
1977 | 1977 | | the fiduciary or transferee the overpayment [which] that shall bear 1309 |
---|
1978 | 1978 | | interest at the rate of two-thirds of one per cent per month or fraction 1310 |
---|
1979 | 1979 | | thereof, such interest commencing, for the estates of decedents dying 1311 |
---|
1980 | 1980 | | prior to July 1, 2009, from the expiration of nine months after the death 1312 |
---|
1981 | 1981 | | of the transferor or date of payment, whichever is later, or, for the 1313 |
---|
1982 | 1982 | | estates of decedents dying on or after July 1, 2009, but prior to January 1314 |
---|
1983 | 1983 | | 1, 2019, from the expiration of six months after the death of the 1315 |
---|
1984 | 1984 | | transferor or date of payment, whichever is later, as provided in 1316 |
---|
1985 | 1985 | | subparagraphs (B) and (C) of this subdivision. 1317 |
---|
1986 | 1986 | | (B) In case of such overpayment pursuant to a tax return, no interest 1318 |
---|
1987 | 1987 | | shall be allowed or paid under this subdivision on such overpayment 1319 |
---|
1988 | 1988 | | for any month or fraction thereof prior to (i) the ninety-first day after 1320 |
---|
1989 | 1989 | | the last day prescribed for filing the tax return associated with such 1321 |
---|
1990 | 1990 | | overpayment, determined without regard to any extension of time for 1322 |
---|
1991 | 1991 | | filing, or (ii) the ninety-first day after the date such return was filed, 1323 |
---|
1992 | 1992 | | whichever is later. 1324 |
---|
1993 | 1993 | | (C) In case of such overpayment pursuant to an amended tax return, 1325 |
---|
1994 | 1994 | | no interest shall be allowed or paid under this subdivision on such 1326 |
---|
1995 | 1995 | | overpayment for any month or fraction thereof prior to the ninety-first 1327 |
---|
1996 | 1996 | | day after the date such amended tax return was filed. 1328 |
---|
1997 | 1997 | | (b) (1) The tax imposed by this chapter shall be reported on a tax 1329 |
---|
1998 | 1998 | | return which shall be filed on or before the date fixed for paying the 1330 |
---|
1999 | 1999 | | tax, determined without regard to any extension of time for paying the 1331 |
---|
2000 | 2000 | | tax. The commissioner shall design a form of return and forms for such 1332 |
---|
2001 | 2001 | | additional statements or schedules as the commissioner may require to 1333 |
---|
2002 | 2002 | | Raised Bill No. 7410 |
---|
2003 | 2003 | | |
---|
2004 | 2004 | | |
---|
2005 | 2005 | | |
---|
2006 | 2006 | | LCO No. 6787 54 of 88 |
---|
2007 | 2007 | | |
---|
2008 | 2008 | | be filed. Such forms shall provide for the setting forth of such facts as 1334 |
---|
2009 | 2009 | | the commissioner deems necessary for the proper enforcement of this 1335 |
---|
2010 | 2010 | | chapter. The commissioner shall furnish appropriate forms to each 1336 |
---|
2011 | 2011 | | taxpayer upon application or otherwise as the commissioner deems 1337 |
---|
2012 | 2012 | | necessary. Failure to receive a form shall not relieve any person from 1338 |
---|
2013 | 2013 | | the obligation to file a return under the provisions of this chapter. In 1339 |
---|
2014 | 2014 | | any case in which the commissioner believes that it would be 1340 |
---|
2015 | 2015 | | advantageous to him or her in the administration of the tax imposed 1341 |
---|
2016 | 2016 | | by this chapter, the commissioner may require that a true copy of the 1342 |
---|
2017 | 2017 | | federal estate tax return made to the Internal Revenue Service be 1343 |
---|
2018 | 2018 | | provided. 1344 |
---|
2019 | 2019 | | (2) Any tax return or other document, including any amended tax 1345 |
---|
2020 | 2020 | | return under section 12-398, that is required to be filed under this 1346 |
---|
2021 | 2021 | | chapter shall be filed, and shall be treated as filed, only if filed with (A) 1347 |
---|
2022 | 2022 | | the Commissioner of Revenue Services, if required under subdivision 1348 |
---|
2023 | 2023 | | (3) of this subsection, and (B) (i) the court of probate for the district 1349 |
---|
2024 | 2024 | | within which the decedent resided at the date of his or her death, or, 1350 |
---|
2025 | 2025 | | (ii) if the decedent died a nonresident of this state, in the court of 1351 |
---|
2026 | 2026 | | probate for the district within which real estate or tangible personal 1352 |
---|
2027 | 2027 | | property of the decedent is situated. The return shall contain a 1353 |
---|
2028 | 2028 | | statement, to be signed under penalty of false statement by the person 1354 |
---|
2029 | 2029 | | who is required to make and file the return under this chapter, that the 1355 |
---|
2030 | 2030 | | return has been filed with the Commissioner of Revenue Services, if 1356 |
---|
2031 | 2031 | | required under subdivision (3) of this subsection, and the appropriate 1357 |
---|
2032 | 2032 | | court of probate. 1358 |
---|
2033 | 2033 | | (3) (A) A tax return shall be filed, in the case of every decedent who 1359 |
---|
2034 | 2034 | | died prior to January 1, 2005, and at the time of death was (i) a resident 1360 |
---|
2035 | 2035 | | of this state, or (ii) a nonresident of this state whose gross estate 1361 |
---|
2036 | 2036 | | includes any real property situated in this state or tangible personal 1362 |
---|
2037 | 2037 | | property having an actual situs in this state, whenever the personal 1363 |
---|
2038 | 2038 | | representative of the estate is required by the laws of the United States 1364 |
---|
2039 | 2039 | | to file a federal estate tax return. 1365 |
---|
2040 | 2040 | | Raised Bill No. 7410 |
---|
2041 | 2041 | | |
---|
2042 | 2042 | | |
---|
2043 | 2043 | | |
---|
2044 | 2044 | | LCO No. 6787 55 of 88 |
---|
2045 | 2045 | | |
---|
2046 | 2046 | | (B) A tax return shall be filed, in the case of every decedent who dies 1366 |
---|
2047 | 2047 | | on or after January 1, 2005, but prior to January 1, 2010, and at the time 1367 |
---|
2048 | 2048 | | of death was (i) a resident of this state, or (ii) a nonresident of this state 1368 |
---|
2049 | 2049 | | whose gross estate includes any real property situated in this state or 1369 |
---|
2050 | 2050 | | tangible personal property having an actual situs in this state. If the 1370 |
---|
2051 | 2051 | | decedent's Connecticut taxable estate is over two million dollars, such 1371 |
---|
2052 | 2052 | | tax return shall be filed with the Commissioner of Revenue Services 1372 |
---|
2053 | 2053 | | and a copy of such return shall be filed with the court of probate for 1373 |
---|
2054 | 2054 | | the district within which the decedent resided at the date of his or her 1374 |
---|
2055 | 2055 | | death or, if the decedent died a nonresident of this state, the court of 1375 |
---|
2056 | 2056 | | probate for the district within which such real property or tangible 1376 |
---|
2057 | 2057 | | personal property is situated. If the decedent's Connecticut taxable 1377 |
---|
2058 | 2058 | | estate is two million dollars or less, such return shall be filed with the 1378 |
---|
2059 | 2059 | | court of probate for the district within which the decedent resided at 1379 |
---|
2060 | 2060 | | the date of his or her death or, if the decedent died a nonresident of 1380 |
---|
2061 | 2061 | | this state, the court of probate for the district within which such real 1381 |
---|
2062 | 2062 | | property or tangible personal property is situated, and no such return 1382 |
---|
2063 | 2063 | | shall be filed with the Commissioner of Revenue Services. The judge of 1383 |
---|
2064 | 2064 | | probate for the district in which such return is filed shall review each 1384 |
---|
2065 | 2065 | | such return and shall issue a written opinion to the estate 1385 |
---|
2066 | 2066 | | representative in each case in which the judge determines that the 1386 |
---|
2067 | 2067 | | estate is not subject to tax under this chapter. 1387 |
---|
2068 | 2068 | | (C) A tax return shall be filed, in the case of every decedent who 1388 |
---|
2069 | 2069 | | dies on or after January 1, 2010, but prior to January 1, 2011, and at the 1389 |
---|
2070 | 2070 | | time of death was (i) a resident of this state, or (ii) a nonresident of this 1390 |
---|
2071 | 2071 | | state whose gross estate includes any real property situated in this 1391 |
---|
2072 | 2072 | | state or tangible personal property having an actual situs in this state. 1392 |
---|
2073 | 2073 | | If the decedent's Connecticut taxable estate is over three million five 1393 |
---|
2074 | 2074 | | hundred thousand dollars, such tax return shall be filed with the 1394 |
---|
2075 | 2075 | | Commissioner of Revenue Services and a copy of such return shall be 1395 |
---|
2076 | 2076 | | filed with the court of probate for the district within which the 1396 |
---|
2077 | 2077 | | decedent resided at the date of his or her death or, if the decedent died 1397 |
---|
2078 | 2078 | | a nonresident of this state, the court of probate for the district within 1398 |
---|
2079 | 2079 | | Raised Bill No. 7410 |
---|
2080 | 2080 | | |
---|
2081 | 2081 | | |
---|
2082 | 2082 | | |
---|
2083 | 2083 | | LCO No. 6787 56 of 88 |
---|
2084 | 2084 | | |
---|
2085 | 2085 | | which such real property or tangible personal property is situated. If 1399 |
---|
2086 | 2086 | | the decedent's Connecticut taxable estate is three million five hundred 1400 |
---|
2087 | 2087 | | thousand dollars or less, such return shall be filed with the court of 1401 |
---|
2088 | 2088 | | probate for the district within which the decedent resided at the date 1402 |
---|
2089 | 2089 | | of his or her death or, if the decedent died a nonresident of this state, 1403 |
---|
2090 | 2090 | | the court of probate for the district within which such real property or 1404 |
---|
2091 | 2091 | | tangible personal property is situated, and no such return shall be filed 1405 |
---|
2092 | 2092 | | with the Commissioner of Revenue Services. The judge of probate for 1406 |
---|
2093 | 2093 | | the district in which such return is filed shall review each such return 1407 |
---|
2094 | 2094 | | and shall issue a written opinion to the estate representative in each 1408 |
---|
2095 | 2095 | | case in which the judge determines that the estate is not subject to tax 1409 |
---|
2096 | 2096 | | under this chapter. 1410 |
---|
2097 | 2097 | | (D) A tax return shall be filed, in the case of every decedent who 1411 |
---|
2098 | 2098 | | dies on or after January 1, 2011, but prior to January 1, 2018, and at the 1412 |
---|
2099 | 2099 | | time of death was (i) a resident of this state, or (ii) a nonresident of this 1413 |
---|
2100 | 2100 | | state whose gross estate includes any real property situated in this 1414 |
---|
2101 | 2101 | | state or tangible personal property having an actual situs in this state. 1415 |
---|
2102 | 2102 | | If the decedent's Connecticut taxable estate is over two million dollars, 1416 |
---|
2103 | 2103 | | such tax return shall be filed with the Commissioner of Revenue 1417 |
---|
2104 | 2104 | | Services and a copy of such return shall be filed with the court of 1418 |
---|
2105 | 2105 | | probate for the district within which the decedent resided at the date 1419 |
---|
2106 | 2106 | | of his or her death or, if the decedent died a nonresident of this state, 1420 |
---|
2107 | 2107 | | the court of probate for the district within which such real property or 1421 |
---|
2108 | 2108 | | tangible personal property is situated. If the decedent's Connecticut 1422 |
---|
2109 | 2109 | | taxable estate is two million dollars or less, such return shall be filed 1423 |
---|
2110 | 2110 | | with the court of probate for the district within which the decedent 1424 |
---|
2111 | 2111 | | resided at the date of his or her death or, if the decedent died a 1425 |
---|
2112 | 2112 | | nonresident of this state, the court of probate for the district within 1426 |
---|
2113 | 2113 | | which such real property or tangible personal property is situated, and 1427 |
---|
2114 | 2114 | | no such return shall be filed with the Commissioner of Revenue 1428 |
---|
2115 | 2115 | | Services. The judge of probate for the district in which such return is 1429 |
---|
2116 | 2116 | | filed shall review each such return and shall issue a written opinion to 1430 |
---|
2117 | 2117 | | the estate representative in each case in which the judge determines 1431 |
---|
2118 | 2118 | | Raised Bill No. 7410 |
---|
2119 | 2119 | | |
---|
2120 | 2120 | | |
---|
2121 | 2121 | | |
---|
2122 | 2122 | | LCO No. 6787 57 of 88 |
---|
2123 | 2123 | | |
---|
2124 | 2124 | | that the estate is not subject to tax under this chapter. 1432 |
---|
2125 | 2125 | | (E) A tax return shall be filed, in the case of every decedent who dies 1433 |
---|
2126 | 2126 | | on or after January 1, 2018, but prior to January 1, 2019, and at the time 1434 |
---|
2127 | 2127 | | of death was (i) a resident of this state, or (ii) a nonresident of this state 1435 |
---|
2128 | 2128 | | whose gross estate includes any real property situated in this state or 1436 |
---|
2129 | 2129 | | tangible personal property having an actual situs in this state. If the 1437 |
---|
2130 | 2130 | | decedent's Connecticut taxable estate is over two million six hundred 1438 |
---|
2131 | 2131 | | thousand dollars, such tax return shall be filed with the Commissioner 1439 |
---|
2132 | 2132 | | of Revenue Services and a copy of such return shall be filed with the 1440 |
---|
2133 | 2133 | | court of probate for the district within which the decedent resided at 1441 |
---|
2134 | 2134 | | the date of his or her death or, if the decedent died a nonresident of 1442 |
---|
2135 | 2135 | | this state, the court of probate for the district within which such real 1443 |
---|
2136 | 2136 | | property or tangible personal property is situated. If the decedent's 1444 |
---|
2137 | 2137 | | Connecticut taxable estate is two million six hundred thousand dollars 1445 |
---|
2138 | 2138 | | or less, such return shall be filed with the court of probate for the 1446 |
---|
2139 | 2139 | | district within which the decedent resided at the date of his or her 1447 |
---|
2140 | 2140 | | death or, if the decedent died a nonresident of this state, the court of 1448 |
---|
2141 | 2141 | | probate for the district within which such real property or tangible 1449 |
---|
2142 | 2142 | | personal property is situated, and no such return shall be filed with the 1450 |
---|
2143 | 2143 | | Commissioner of Revenue Services. The judge of probate for the 1451 |
---|
2144 | 2144 | | district in which such return is filed shall review each such return and 1452 |
---|
2145 | 2145 | | shall issue a written opinion to the estate representative in each case in 1453 |
---|
2146 | 2146 | | which the judge determines that the estate is not subject to tax under 1454 |
---|
2147 | 2147 | | this chapter. 1455 |
---|
2148 | 2148 | | [(F) A tax return shall be filed, in the case of every decedent who 1456 |
---|
2149 | 2149 | | dies on or after January 1, 2019, but prior to January 1, 2020, and at the 1457 |
---|
2150 | 2150 | | time of death was (i) a resident of this state, or (ii) a nonresident of this 1458 |
---|
2151 | 2151 | | state whose gross estate includes any real property situated in this 1459 |
---|
2152 | 2152 | | state or tangible personal property having an actual situs in this state. 1460 |
---|
2153 | 2153 | | If the decedent's Connecticut taxable estate is over three million six 1461 |
---|
2154 | 2154 | | hundred thousand dollars, such tax return shall be filed with the 1462 |
---|
2155 | 2155 | | Commissioner of Revenue Services and a copy of such return shall be 1463 |
---|
2156 | 2156 | | filed with the court of probate for the district within which the 1464 |
---|
2157 | 2157 | | Raised Bill No. 7410 |
---|
2158 | 2158 | | |
---|
2159 | 2159 | | |
---|
2160 | 2160 | | |
---|
2161 | 2161 | | LCO No. 6787 58 of 88 |
---|
2162 | 2162 | | |
---|
2163 | 2163 | | decedent resided at the date of his or her death or, if the decedent died 1465 |
---|
2164 | 2164 | | a nonresident of this state, the court of probate for the district within 1466 |
---|
2165 | 2165 | | which such real property or tangible personal property is situated. If 1467 |
---|
2166 | 2166 | | the decedent's Connecticut taxable estate is three million six hundred 1468 |
---|
2167 | 2167 | | thousand dollars or less, such return shall be filed with the court of 1469 |
---|
2168 | 2168 | | probate for the district within which the decedent resided at the date 1470 |
---|
2169 | 2169 | | of his or her death or, if the decedent died a nonresident of this state, 1471 |
---|
2170 | 2170 | | the court of probate for the district within which such real property or 1472 |
---|
2171 | 2171 | | tangible personal property is situated, and no such return shall be filed 1473 |
---|
2172 | 2172 | | with the Commissioner of Revenue Services. The judge of probate for 1474 |
---|
2173 | 2173 | | the district in which such return is filed shall review each such return 1475 |
---|
2174 | 2174 | | and shall issue a written opinion to the estate representative in each 1476 |
---|
2175 | 2175 | | case in which the judge determines that the estate is not subject to tax 1477 |
---|
2176 | 2176 | | under this chapter. 1478 |
---|
2177 | 2177 | | (G) A tax return shall be filed, in the case of every decedent who 1479 |
---|
2178 | 2178 | | dies on or after January 1, 2020, but prior to January 1, 2021, and at the 1480 |
---|
2179 | 2179 | | time of death was (i) a resident of this state, or (ii) a nonresident of this 1481 |
---|
2180 | 2180 | | state whose gross estate includes any real property situated in this 1482 |
---|
2181 | 2181 | | state or tangible personal property having an actual situs in this state. 1483 |
---|
2182 | 2182 | | If the decedent's Connecticut taxable estate is over five million one 1484 |
---|
2183 | 2183 | | hundred thousand dollars, such tax return shall be filed with the 1485 |
---|
2184 | 2184 | | Commissioner of Revenue Services and a copy of such return shall be 1486 |
---|
2185 | 2185 | | filed with the court of probate for the district within which the 1487 |
---|
2186 | 2186 | | decedent resided at the date of his or her death or, if the decedent died 1488 |
---|
2187 | 2187 | | a nonresident of this state, the court of probate for the district within 1489 |
---|
2188 | 2188 | | which such real property or tangible personal property is situated. If 1490 |
---|
2189 | 2189 | | the decedent's Connecticut taxable estate is five million one hundred 1491 |
---|
2190 | 2190 | | thousand dollars or less, such return shall be filed with the court of 1492 |
---|
2191 | 2191 | | probate for the district within which the decedent resided at the date 1493 |
---|
2192 | 2192 | | of his or her death or, if the decedent died a nonresident of this state, 1494 |
---|
2193 | 2193 | | the court of probate for the district within which such real property or 1495 |
---|
2194 | 2194 | | tangible personal property is situated, and no such return shall be filed 1496 |
---|
2195 | 2195 | | with the Commissioner of Revenue Services. The judge of probate for 1497 |
---|
2196 | 2196 | | Raised Bill No. 7410 |
---|
2197 | 2197 | | |
---|
2198 | 2198 | | |
---|
2199 | 2199 | | |
---|
2200 | 2200 | | LCO No. 6787 59 of 88 |
---|
2201 | 2201 | | |
---|
2202 | 2202 | | the district in which such return is filed shall review each such return 1498 |
---|
2203 | 2203 | | and shall issue a written opinion to the estate representative in each 1499 |
---|
2204 | 2204 | | case in which the judge determines that the estate is not subject to tax 1500 |
---|
2205 | 2205 | | under this chapter. 1501 |
---|
2206 | 2206 | | (H) A tax return shall be filed, in the case of every decedent who 1502 |
---|
2207 | 2207 | | dies on or after January 1, 2021, but prior to January 1, 2022, and at the 1503 |
---|
2208 | 2208 | | time of death was (i) a resident of this state, or (ii) a nonresident of this 1504 |
---|
2209 | 2209 | | state whose gross estate includes any real property situated in this 1505 |
---|
2210 | 2210 | | state or tangible personal property having an actual situs in this state. 1506 |
---|
2211 | 2211 | | If the decedent's Connecticut taxable estate is over seven million one 1507 |
---|
2212 | 2212 | | hundred thousand dollars, such tax return shall be filed with the 1508 |
---|
2213 | 2213 | | Commissioner of Revenue Services and a copy of such return shall be 1509 |
---|
2214 | 2214 | | filed with the court of probate for the district within which the 1510 |
---|
2215 | 2215 | | decedent resided at the date of his or her death or, if the decedent died 1511 |
---|
2216 | 2216 | | a nonresident of this state, the court of probate for the district within 1512 |
---|
2217 | 2217 | | which such real property or tangible personal property is situated. If 1513 |
---|
2218 | 2218 | | the decedent's Connecticut taxable estate is seven million one hundred 1514 |
---|
2219 | 2219 | | thousand dollars or less, such return shall be filed with the court of 1515 |
---|
2220 | 2220 | | probate for the district within which the decedent resided at the date 1516 |
---|
2221 | 2221 | | of his or her death or, if the decedent died a nonresident of this state, 1517 |
---|
2222 | 2222 | | the court of probate for the district within which such real property or 1518 |
---|
2223 | 2223 | | tangible personal property is situated, and no such return shall be filed 1519 |
---|
2224 | 2224 | | with the Commissioner of Revenue Services. The judge of probate for 1520 |
---|
2225 | 2225 | | the district in which such return is filed shall review each such return 1521 |
---|
2226 | 2226 | | and shall issue a written opinion to the estate representative in each 1522 |
---|
2227 | 2227 | | case in which the judge determines that the estate is not subject to tax 1523 |
---|
2228 | 2228 | | under this chapter. 1524 |
---|
2229 | 2229 | | (I) A tax return shall be filed, in the case of every decedent who dies 1525 |
---|
2230 | 2230 | | on or after January 1, 2022, but prior to January 1, 2023, and at the time 1526 |
---|
2231 | 2231 | | of death was (i) a resident of this state, or (ii) a nonresident of this state 1527 |
---|
2232 | 2232 | | whose gross estate includes any real property situated in this state or 1528 |
---|
2233 | 2233 | | tangible personal property having an actual situs in this state. If the 1529 |
---|
2234 | 2234 | | decedent's Connecticut taxable estate is over nine million one hundred 1530 |
---|
2235 | 2235 | | Raised Bill No. 7410 |
---|
2236 | 2236 | | |
---|
2237 | 2237 | | |
---|
2238 | 2238 | | |
---|
2239 | 2239 | | LCO No. 6787 60 of 88 |
---|
2240 | 2240 | | |
---|
2241 | 2241 | | thousand dollars, such tax return shall be filed with the Commissioner 1531 |
---|
2242 | 2242 | | of Revenue Services and a copy of such return shall be filed with the 1532 |
---|
2243 | 2243 | | court of probate for the district within which the decedent resided at 1533 |
---|
2244 | 2244 | | the date of his or her death or, if the decedent died a nonresident of 1534 |
---|
2245 | 2245 | | this state, the court of probate for the district within which such real 1535 |
---|
2246 | 2246 | | property or tangible personal property is situated. If the decedent's 1536 |
---|
2247 | 2247 | | Connecticut taxable estate is nine million one hundred thousand 1537 |
---|
2248 | 2248 | | dollars or less, such return shall be filed with the court of probate for 1538 |
---|
2249 | 2249 | | the district within which the decedent resided at the date of his or her 1539 |
---|
2250 | 2250 | | death or, if the decedent died a nonresident of this state, the court of 1540 |
---|
2251 | 2251 | | probate for the district within which such real property or tangible 1541 |
---|
2252 | 2252 | | personal property is situated, and no such return shall be filed with the 1542 |
---|
2253 | 2253 | | Commissioner of Revenue Services. The judge of probate for the 1543 |
---|
2254 | 2254 | | district in which such return is filed shall review each such return and 1544 |
---|
2255 | 2255 | | shall issue a written opinion to the estate representative in each case in 1545 |
---|
2256 | 2256 | | which the judge determines that the estate is not subject to tax under 1546 |
---|
2257 | 2257 | | this chapter. 1547 |
---|
2258 | 2258 | | (J) A tax return shall be filed, in the case of every decedent who dies 1548 |
---|
2259 | 2259 | | on or after January 1, 2023, and at the time of death was (i) a resident 1549 |
---|
2260 | 2260 | | of this state, or (ii) a nonresident of this state whose gross estate 1550 |
---|
2261 | 2261 | | includes any real property situated in this state or tangible personal 1551 |
---|
2262 | 2262 | | property having an actual situs in this state. If the decedent's 1552 |
---|
2263 | 2263 | | Connecticut taxable estate is over five million four hundred ninety 1553 |
---|
2264 | 2264 | | thousand dollars, such tax return shall be filed with the Commissioner 1554 |
---|
2265 | 2265 | | of Revenue Services and a copy of such return shall be filed with the 1555 |
---|
2266 | 2266 | | court of probate for the district within which the decedent resided at 1556 |
---|
2267 | 2267 | | the date of his or her death or, if the decedent died a nonresident of 1557 |
---|
2268 | 2268 | | this state, the court of probate for the district within which such real 1558 |
---|
2269 | 2269 | | property or tangible personal property is situated. If the decedent's 1559 |
---|
2270 | 2270 | | Connecticut taxable estate is equal to or less than five million four 1560 |
---|
2271 | 2271 | | hundred ninety thousand dollars, such return shall be filed with the 1561 |
---|
2272 | 2272 | | court of probate for the district within which the decedent resided at 1562 |
---|
2273 | 2273 | | the date of his or her death or, if the decedent died a nonresident of 1563 |
---|
2274 | 2274 | | Raised Bill No. 7410 |
---|
2275 | 2275 | | |
---|
2276 | 2276 | | |
---|
2277 | 2277 | | |
---|
2278 | 2278 | | LCO No. 6787 61 of 88 |
---|
2279 | 2279 | | |
---|
2280 | 2280 | | this state, the court of probate for the district within which such real 1564 |
---|
2281 | 2281 | | property or tangible personal property is situated, and no such return 1565 |
---|
2282 | 2282 | | shall be filed with the Commissioner of Revenue Services. The judge of 1566 |
---|
2283 | 2283 | | probate for the district in which such return is filed shall review each 1567 |
---|
2284 | 2284 | | such return and shall issue a written opinion to the estate 1568 |
---|
2285 | 2285 | | representative in each case in which the judge determines that the 1569 |
---|
2286 | 2286 | | estate is not subject to tax under this chapter.] 1570 |
---|
2287 | 2287 | | (4) The duly authorized executor or administrator shall file the 1571 |
---|
2288 | 2288 | | return. If there is more than one executor or administrator, the return 1572 |
---|
2289 | 2289 | | shall be made jointly by all. If there is no executor or administrator 1573 |
---|
2290 | 2290 | | appointed, qualified and acting, each person in actual or constructive 1574 |
---|
2291 | 2291 | | possession of any property of the decedent is constituted an executor 1575 |
---|
2292 | 2292 | | for purposes of the tax and shall make and file a return. If in any case 1576 |
---|
2293 | 2293 | | the executor is unable to make a complete return as to any part of the 1577 |
---|
2294 | 2294 | | gross estate, the executor shall provide all the information available to 1578 |
---|
2295 | 2295 | | him or her with respect to such property, including a full description, 1579 |
---|
2296 | 2296 | | and the name of every person holding a legal or beneficial interest in 1580 |
---|
2297 | 2297 | | the property. If the executor is unable to make a return as to any 1581 |
---|
2298 | 2298 | | property, each person holding a legal or equitable interest in such 1582 |
---|
2299 | 2299 | | property shall, upon notice from the commissioner, make a return as to 1583 |
---|
2300 | 2300 | | that part of the gross estate. 1584 |
---|
2301 | 2301 | | (5) On or before the last day of the month next succeeding each 1585 |
---|
2302 | 2302 | | calendar quarter, and commencing with the calendar quarter ending 1586 |
---|
2303 | 2303 | | September 30, 2005, each court of probate shall file with the 1587 |
---|
2304 | 2304 | | commissioner a report for the calendar quarter in such form as the 1588 |
---|
2305 | 2305 | | commissioner may prescribe. The report shall pertain to returns filed 1589 |
---|
2306 | 2306 | | with the court of probate during the calendar quarter. 1590 |
---|
2307 | 2307 | | (6) The Commissioner of Revenue Services may, for reasonable 1591 |
---|
2308 | 2308 | | cause shown, extend the time for filing the return. 1592 |
---|
2309 | 2309 | | (7) If any person required to make and file the tax return under this 1593 |
---|
2310 | 2310 | | chapter fails to file the return within the time prescribed, the 1594 |
---|
2311 | 2311 | | Raised Bill No. 7410 |
---|
2312 | 2312 | | |
---|
2313 | 2313 | | |
---|
2314 | 2314 | | |
---|
2315 | 2315 | | LCO No. 6787 62 of 88 |
---|
2316 | 2316 | | |
---|
2317 | 2317 | | commissioner may assess and compute the tax upon the best 1595 |
---|
2318 | 2318 | | information obtainable. To the tax imposed upon the basis of such 1596 |
---|
2319 | 2319 | | return, there shall be added an amount equal to ten per cent of such 1597 |
---|
2320 | 2320 | | tax or fifty dollars, whichever is greater. The tax shall bear interest at 1598 |
---|
2321 | 2321 | | the rate of one per cent per month or fraction thereof from the due date 1599 |
---|
2322 | 2322 | | of such tax until the date of payment. 1600 |
---|
2323 | 2323 | | (8) The commissioner shall provide notice of any (A) deficiency 1601 |
---|
2324 | 2324 | | assessment with respect to the payment of any tax under this chapter, 1602 |
---|
2325 | 2325 | | (B) assessment with respect to any failure to make and file a return 1603 |
---|
2326 | 2326 | | under this chapter by a person required to file, and (C) tax return or 1604 |
---|
2327 | 2327 | | other document, including any amended tax return under section 12-1605 |
---|
2328 | 2328 | | 398 that is required to be filed under this chapter to the court of 1606 |
---|
2329 | 2329 | | probate for the district within which the commissioner contends that 1607 |
---|
2330 | 2330 | | the decedent resided at the date of his or her death or, if the decedent 1608 |
---|
2331 | 2331 | | died a nonresident of this state, to the court of probate for the district 1609 |
---|
2332 | 2332 | | within which the commissioner contends that real estate or tangible 1610 |
---|
2333 | 2333 | | personal property of the decedent is situated. 1611 |
---|
2334 | 2334 | | (c) No person shall be subject to a penalty under both subsections 1612 |
---|
2335 | 2335 | | (a) and (b) of this section in relation to the same tax period. 1613 |
---|
2336 | 2336 | | Sec. 20. Subsection (b) of section 45a-107 of the general statutes is 1614 |
---|
2337 | 2337 | | repealed and the following is substituted in lieu thereof (Effective from 1615 |
---|
2338 | 2338 | | passage): 1616 |
---|
2339 | 2339 | | (b) In the case of a decedent who dies on or after July 1, 2016, and 1617 |
---|
2340 | 2340 | | prior to January 1, 2019, fees shall be computed as follows: 1618 |
---|
2341 | 2341 | | (1) The basis for fees shall be (A) the greatest of (i) the gross estate 1619 |
---|
2342 | 2342 | | for succession tax purposes, as provided in section 12-349, (ii) the 1620 |
---|
2343 | 2343 | | inventory, including all supplements thereto, (iii) the Connecticut 1621 |
---|
2344 | 2344 | | taxable estate, as defined in section 12-391, as amended by this act, or 1622 |
---|
2345 | 2345 | | (iv) the gross estate for estate tax purposes, as provided in chapters 217 1623 |
---|
2346 | 2346 | | and 218, except as provided in subdivisions (5) and (6) of this 1624 |
---|
2347 | 2347 | | subsection, plus (B) all damages recovered for injuries resulting in 1625 |
---|
2348 | 2348 | | Raised Bill No. 7410 |
---|
2349 | 2349 | | |
---|
2350 | 2350 | | |
---|
2351 | 2351 | | |
---|
2352 | 2352 | | LCO No. 6787 63 of 88 |
---|
2353 | 2353 | | |
---|
2354 | 2354 | | death, minus any hospital and medical expenses for treatment of such 1626 |
---|
2355 | 2355 | | injuries resulting in death, minus any hospital and medical expenses 1627 |
---|
2356 | 2356 | | for treatment of such injuries that are not reimbursable by medical 1628 |
---|
2357 | 2357 | | insurance, and minus the attorney's fees and other costs and expenses 1629 |
---|
2358 | 2358 | | of recovering such damages. Any portion of the basis for fees that is 1630 |
---|
2359 | 2359 | | determined by property passing to the surviving spouse shall be 1631 |
---|
2360 | 2360 | | reduced by fifty per cent. Except as provided in subdivisions (3) and 1632 |
---|
2361 | 2361 | | (4) of this subsection, in no case shall the minimum fee be less than 1633 |
---|
2362 | 2362 | | twenty-five dollars. 1634 |
---|
2363 | 2363 | | (2) Except as provided in subdivisions (3) and (4) of this subsection, 1635 |
---|
2364 | 2364 | | fees shall be assessed in accordance with the following table: 1636 |
---|
2365 | 2365 | | T311 Basis for Computation Total Fee |
---|
2366 | 2366 | | T312 Of Fees |
---|
2367 | 2367 | | T313 0 to $500 $25 |
---|
2368 | 2368 | | T314 $501 to $1,000 $50 |
---|
2369 | 2369 | | T315 $1,000 to $10,000 $50, plus 1% of all |
---|
2370 | 2370 | | T316 in excess of $1,000 |
---|
2371 | 2371 | | T317 $10,000 to $500,000 $150, plus .35% of all |
---|
2372 | 2372 | | T318 in excess of $10,000 |
---|
2373 | 2373 | | T319 $500,000 to $2,000,000 $1,865, plus .25% of all |
---|
2374 | 2374 | | T320 in excess of $500,000 |
---|
2375 | 2375 | | T321 $2,000,000 to $8,877,000 $5,615, plus .5% of all |
---|
2376 | 2376 | | T322 in excess of $2,000,000 |
---|
2377 | 2377 | | T323 $8,877,000 and over $40,000 |
---|
2378 | 2378 | | |
---|
2379 | 2379 | | (3) Notwithstanding the provisions of subdivision (1) of this 1637 |
---|
2380 | 2380 | | subsection, if the basis for fees is less than ten thousand dollars and a 1638 |
---|
2381 | 2381 | | full estate is opened, the minimum fee shall be one hundred fifty 1639 |
---|
2382 | 2382 | | dollars. 1640 |
---|
2383 | 2383 | | (4) In any matter in which the Commissioner of Administrative 1641 |
---|
2384 | 2384 | | Services is the legal representative of the estate pursuant to section 4a-1642 |
---|
2385 | 2385 | | 16, the fee shall be the lesser of (A) the amount calculated under 1643 |
---|
2386 | 2386 | | Raised Bill No. 7410 |
---|
2387 | 2387 | | |
---|
2388 | 2388 | | |
---|
2389 | 2389 | | |
---|
2390 | 2390 | | LCO No. 6787 64 of 88 |
---|
2391 | 2391 | | |
---|
2392 | 2392 | | subdivisions (1) and (2) of this subsection, or (B) the amount collected 1644 |
---|
2393 | 2393 | | by the Commissioner of Administrative Services after paying the 1645 |
---|
2394 | 2394 | | expense of funeral and burial in accordance with section 17b-84. 1646 |
---|
2395 | 2395 | | (5) In the case of a deceased person who was domiciled in this state 1647 |
---|
2396 | 2396 | | on the date of his or her death, the gross estate for estate tax purposes 1648 |
---|
2397 | 2397 | | shall, for the purpose of determining the basis for fees pursuant to 1649 |
---|
2398 | 2398 | | subdivision (1) of this subsection, be reduced by the fair market value 1650 |
---|
2399 | 2399 | | of any real property or tangible personal property of the deceased 1651 |
---|
2400 | 2400 | | person situated outside of this state. 1652 |
---|
2401 | 2401 | | (6) In the case of a deceased person who was not domiciled in this 1653 |
---|
2402 | 2402 | | state on the date of his or her death but who owned real property or 1654 |
---|
2403 | 2403 | | tangible personal property situated in this state on the date of his or 1655 |
---|
2404 | 2404 | | her death, only the fair market value of such real property or tangible 1656 |
---|
2405 | 2405 | | personal property situated in this state shall be included in the basis 1657 |
---|
2406 | 2406 | | for fees pursuant to subdivision (1) of this subsection. 1658 |
---|
2407 | 2407 | | Sec. 21. Subdivision (79) of section 12-81 of the general statutes is 1659 |
---|
2408 | 2408 | | repealed and the following is substituted in lieu thereof (Effective 1660 |
---|
2409 | 2409 | | October 1, 2019, and applicable to assessment years commencing on or after 1661 |
---|
2410 | 2410 | | October 1, 2019): 1662 |
---|
2411 | 2411 | | (79) Tangible personal property with an original value of [not more 1663 |
---|
2412 | 2412 | | than two hundred fifty] less than twenty-five thousand dollars that is 1664 |
---|
2413 | 2413 | | owned by a business organization. [, provided this exemption shall not 1665 |
---|
2414 | 2414 | | apply for the first ten full assessment years following the assessment 1666 |
---|
2415 | 2415 | | year in which the property was acquired.] 1667 |
---|
2416 | 2416 | | Sec. 22. Subsection (b) of section 12-284b of the general statutes is 1668 |
---|
2417 | 2417 | | repealed and the following is substituted in lieu thereof (Effective from 1669 |
---|
2418 | 2418 | | passage and applicable to taxable years commencing on or after January 1, 1670 |
---|
2419 | 2419 | | 2019): 1671 |
---|
2420 | 2420 | | (b) Each limited liability company, limited liability partnership, 1672 |
---|
2421 | 2421 | | limited partnership and S corporation shall be liable for the tax 1673 |
---|
2422 | 2422 | | Raised Bill No. 7410 |
---|
2423 | 2423 | | |
---|
2424 | 2424 | | |
---|
2425 | 2425 | | |
---|
2426 | 2426 | | LCO No. 6787 65 of 88 |
---|
2427 | 2427 | | |
---|
2428 | 2428 | | imposed by this section for each taxable year or portion thereof that 1674 |
---|
2429 | 2429 | | such company, partnership or corporation is an affected business 1675 |
---|
2430 | 2430 | | entity. For taxable years commencing prior to January 1, 2013, each 1676 |
---|
2431 | 2431 | | affected business entity shall annually, on or before the fifteenth day of 1677 |
---|
2432 | 2432 | | the fourth month following the close of its taxable year, pay to the 1678 |
---|
2433 | 2433 | | Commissioner of Revenue Services a tax in the amount of two 1679 |
---|
2434 | 2434 | | hundred fifty dollars. For taxable years commencing on or after 1680 |
---|
2435 | 2435 | | January 1, 2013, but prior to January 1, 2019, each affected business 1681 |
---|
2436 | 2436 | | entity shall, on or before the fifteenth day of the fourth month 1682 |
---|
2437 | 2437 | | following the close of every other taxable year, pay to the 1683 |
---|
2438 | 2438 | | Commissioner of Revenue Services a tax in the amount of two 1684 |
---|
2439 | 2439 | | hundred fifty dollars. 1685 |
---|
2440 | 2440 | | Sec. 23. Subdivision (2) of subsection (e) of section 12-217jj of the 1686 |
---|
2441 | 2441 | | general statutes is repealed and the following is substituted in lieu 1687 |
---|
2442 | 2442 | | thereof (Effective from passage and applicable to taxable years commencing 1688 |
---|
2443 | 2443 | | on or after January 1, 2019): 1689 |
---|
2444 | 2444 | | (2) Notwithstanding the provisions of subdivision (1) of this 1690 |
---|
2445 | 2445 | | subsection, any entity that is not subject to tax under this chapter or 1691 |
---|
2446 | 2446 | | chapter 207 shall not be subject to the limitations on the transfer of 1692 |
---|
2447 | 2447 | | credits provided in subparagraphs (B) and (C) of said subdivision (1), 1693 |
---|
2448 | 2448 | | provided such entity owns not less than fifty per cent, directly or 1694 |
---|
2449 | 2449 | | indirectly, of a business entity, [subject to tax under] as defined in 1695 |
---|
2450 | 2450 | | section 12-284b, as amended by this act. 1696 |
---|
2451 | 2451 | | Sec. 24. Subsection (a) of section 12-217zz of the general statutes is 1697 |
---|
2452 | 2452 | | repealed and the following is substituted in lieu thereof (Effective from 1698 |
---|
2453 | 2453 | | passage and applicable to income years commencing on or after January 1, 1699 |
---|
2454 | 2454 | | 2019): 1700 |
---|
2455 | 2455 | | (a) Notwithstanding any other provision of law, and except as 1701 |
---|
2456 | 2456 | | otherwise provided in subsection (b) of this section and sections 12-1702 |
---|
2457 | 2457 | | 217aaa and 12-217bbb, the amount of tax credit or credits otherwise 1703 |
---|
2458 | 2458 | | allowable against the tax imposed under this chapter shall be as 1704 |
---|
2459 | 2459 | | Raised Bill No. 7410 |
---|
2460 | 2460 | | |
---|
2461 | 2461 | | |
---|
2462 | 2462 | | |
---|
2463 | 2463 | | LCO No. 6787 66 of 88 |
---|
2464 | 2464 | | |
---|
2465 | 2465 | | follows: 1705 |
---|
2466 | 2466 | | (1) For any income year commencing on or after January 1, 2002, 1706 |
---|
2467 | 2467 | | and prior to January 1, 2015, the amount of tax credit or credits 1707 |
---|
2468 | 2468 | | otherwise allowable shall not exceed seventy per cent of the amount of 1708 |
---|
2469 | 2469 | | tax due from such taxpayer under this chapter with respect to any such 1709 |
---|
2470 | 2470 | | income year of the taxpayer prior to the application of such credit or 1710 |
---|
2471 | 2471 | | credits; 1711 |
---|
2472 | 2472 | | (2) For any income year commencing on or after January 1, 2015, the 1712 |
---|
2473 | 2473 | | amount of tax credit or credits otherwise allowable shall not exceed 1713 |
---|
2474 | 2474 | | fifty and one one-hundredths per cent of the amount of tax due from 1714 |
---|
2475 | 2475 | | such taxpayer under this chapter with respect to any such income year 1715 |
---|
2476 | 2476 | | of the taxpayer prior to the application of such credit or credits; 1716 |
---|
2477 | 2477 | | (3) Notwithstanding the provisions of subdivision (2) of this 1717 |
---|
2478 | 2478 | | subsection, any taxpayer that possesses excess credits may utilize the 1718 |
---|
2479 | 2479 | | excess credits as follows: 1719 |
---|
2480 | 2480 | | (A) For income years commencing on or after January 1, 2016, and 1720 |
---|
2481 | 2481 | | prior to January 1, 2017, the aggregate amount of tax credits and excess 1721 |
---|
2482 | 2482 | | credits allowable shall not exceed fifty-five per cent of the amount of 1722 |
---|
2483 | 2483 | | tax due from such taxpayer under this chapter with respect to any such 1723 |
---|
2484 | 2484 | | income year of the taxpayer prior to the application of such credit or 1724 |
---|
2485 | 2485 | | credits; 1725 |
---|
2486 | 2486 | | (B) For income years commencing on or after January 1, 2017, and 1726 |
---|
2487 | 2487 | | prior to January 1, 2018, the aggregate amount of tax credits and excess 1727 |
---|
2488 | 2488 | | credits allowable shall not exceed sixty per cent of the amount of tax 1728 |
---|
2489 | 2489 | | due from such taxpayer under this chapter with respect to any such 1729 |
---|
2490 | 2490 | | income year of the taxpayer prior to the application of such credit or 1730 |
---|
2491 | 2491 | | credits; and 1731 |
---|
2492 | 2492 | | (C) For income years commencing on or after January 1, 2018, and 1732 |
---|
2493 | 2493 | | prior to January 1, 2019, the aggregate amount of tax credits and excess 1733 |
---|
2494 | 2494 | | credits allowable shall not exceed sixty-five per cent of the amount of 1734 |
---|
2495 | 2495 | | Raised Bill No. 7410 |
---|
2496 | 2496 | | |
---|
2497 | 2497 | | |
---|
2498 | 2498 | | |
---|
2499 | 2499 | | LCO No. 6787 67 of 88 |
---|
2500 | 2500 | | |
---|
2501 | 2501 | | tax due from such taxpayer under this chapter with respect to any such 1735 |
---|
2502 | 2502 | | income year of the taxpayer prior to the application of such credit or 1736 |
---|
2503 | 2503 | | credits; 1737 |
---|
2504 | 2504 | | [(D) For income years commencing on or after January 1, 2019, the 1738 |
---|
2505 | 2505 | | aggregate amount of tax credits and excess credits allowable shall not 1739 |
---|
2506 | 2506 | | exceed seventy per cent of the amount of tax due from such taxpayer 1740 |
---|
2507 | 2507 | | under this chapter with respect to any such income year of the 1741 |
---|
2508 | 2508 | | taxpayer prior to the application of such credit or credits;] 1742 |
---|
2509 | 2509 | | (4) For purposes of this subsection, "excess credits" means any 1743 |
---|
2510 | 2510 | | remaining credits available under section 12-217j, 12-217n or 32-9t after 1744 |
---|
2511 | 2511 | | tax credits are utilized in accordance with subdivision (2) of this 1745 |
---|
2512 | 2512 | | subsection. 1746 |
---|
2513 | 2513 | | Sec. 25. (NEW) (Effective from passage and applicable to quarterly periods 1747 |
---|
2514 | 2514 | | commencing on or after July 1, 2019) Notwithstanding any provision of 1748 |
---|
2515 | 2515 | | the general statutes allowing for a higher amount, for any quarterly 1749 |
---|
2516 | 2516 | | periods commencing on or after July 1, 2019, the amount of tax credit 1750 |
---|
2517 | 2517 | | or credits allowable against the tax imposed under chapter 211 of the 1751 |
---|
2518 | 2518 | | general statutes, shall not exceed fifty and one one-hundredths per 1752 |
---|
2519 | 2519 | | cent of the amount of tax due from a taxpayer under such chapter with 1753 |
---|
2520 | 2520 | | respect to any such quarterly period of the taxpayer prior to the 1754 |
---|
2521 | 2521 | | application of such credit or credits. 1755 |
---|
2522 | 2522 | | Sec. 26. (NEW) (Effective from passage and applicable to quarterly periods 1756 |
---|
2523 | 2523 | | commencing on or after July 1, 2019) Notwithstanding any provision of 1757 |
---|
2524 | 2524 | | the general statutes allowing for a higher amount, for any quarterly 1758 |
---|
2525 | 2525 | | periods commencing on or after July 1, 2019, the amount of tax credit 1759 |
---|
2526 | 2526 | | or credits allowable against the tax imposed under chapter 212 of the 1760 |
---|
2527 | 2527 | | general statutes, shall not exceed fifty and one one-hundredths per 1761 |
---|
2528 | 2528 | | cent of the amount of tax due from a taxpayer under such chapter with 1762 |
---|
2529 | 2529 | | respect to any such quarterly period of the taxpayer prior to the 1763 |
---|
2530 | 2530 | | application of such credit or credits. 1764 |
---|
2531 | 2531 | | Sec. 27. (NEW) (Effective from passage and applicable to quarterly periods 1765 |
---|
2532 | 2532 | | Raised Bill No. 7410 |
---|
2533 | 2533 | | |
---|
2534 | 2534 | | |
---|
2535 | 2535 | | |
---|
2536 | 2536 | | LCO No. 6787 68 of 88 |
---|
2537 | 2537 | | |
---|
2538 | 2538 | | commencing on or after July 1, 2019) Notwithstanding any provision of 1766 |
---|
2539 | 2539 | | the general statutes allowing for a higher amount, for any quarterly 1767 |
---|
2540 | 2540 | | periods commencing on or after July 1, 2019, the amount of tax credit 1768 |
---|
2541 | 2541 | | or credits allowable against the tax imposed under chapter 227 of the 1769 |
---|
2542 | 2542 | | general statutes, shall not exceed fifty and one one-hundredths per 1770 |
---|
2543 | 2543 | | cent of the amount of tax due from a taxpayer under such chapter with 1771 |
---|
2544 | 2544 | | respect to any such quarterly period of the taxpayer prior to the 1772 |
---|
2545 | 2545 | | application of such credit or credits. 1773 |
---|
2546 | 2546 | | Sec. 28. Subsection (a) of section 12-217 of the general statutes is 1774 |
---|
2547 | 2547 | | repealed and the following is substituted in lieu thereof (Effective July 1775 |
---|
2548 | 2548 | | 1, 2019): 1776 |
---|
2549 | 2549 | | (a) (1) In arriving at net income as defined in section 12-213, whether 1777 |
---|
2550 | 2550 | | or not the taxpayer is taxable under the federal corporation net income 1778 |
---|
2551 | 2551 | | tax, there shall be deducted from gross income: [,] 1779 |
---|
2552 | 2552 | | (A) [all] All items deductible under the Internal Revenue Code 1780 |
---|
2553 | 2553 | | effective and in force on the last day of the income year, except (i) any 1781 |
---|
2554 | 2554 | | taxes imposed under the provisions of this chapter [which] that are 1782 |
---|
2555 | 2555 | | paid or accrued in the income year and in the income year 1783 |
---|
2556 | 2556 | | commencing January 1, 1989, and thereafter, any taxes in any state of 1784 |
---|
2557 | 2557 | | the United States or any political subdivision of such state, or the 1785 |
---|
2558 | 2558 | | District of Columbia, imposed on or measured by the income or profits 1786 |
---|
2559 | 2559 | | of a corporation [which] that are paid or accrued in the income year, 1787 |
---|
2560 | 2560 | | (ii) deductions for depreciation, which shall be allowed as provided in 1788 |
---|
2561 | 2561 | | subsection (b) of this section, (iii) deductions for qualified domestic 1789 |
---|
2562 | 2562 | | production activities income, as provided in Section 199 of the Internal 1790 |
---|
2563 | 2563 | | Revenue Code, and (iv) in the case of any captive real estate 1791 |
---|
2564 | 2564 | | investment trust, the deduction for dividends paid provided under 1792 |
---|
2565 | 2565 | | Section 857(b)(2) of the Internal Revenue Code; [,] and 1793 |
---|
2566 | 2566 | | (B) [additionally,] Additionally, in the case of a regulated 1794 |
---|
2567 | 2567 | | investment company, the sum of (i) the exempt-interest dividends, as 1795 |
---|
2568 | 2568 | | defined in the Internal Revenue Code, and (ii) expenses, bond 1796 |
---|
2569 | 2569 | | Raised Bill No. 7410 |
---|
2570 | 2570 | | |
---|
2571 | 2571 | | |
---|
2572 | 2572 | | |
---|
2573 | 2573 | | LCO No. 6787 69 of 88 |
---|
2574 | 2574 | | |
---|
2575 | 2575 | | premium, and interest related to tax-exempt income that are 1797 |
---|
2576 | 2576 | | disallowed as deductions under the Internal Revenue Code; [,] and 1798 |
---|
2577 | 2577 | | (C) [in] In the case of a taxpayer maintaining an international 1799 |
---|
2578 | 2578 | | banking facility as defined in the laws of the United States or the 1800 |
---|
2579 | 2579 | | regulations of the Board of Governors of the Federal Reserve System, 1801 |
---|
2580 | 2580 | | as either may be amended from time to time, the gross income 1802 |
---|
2581 | 2581 | | attributable to the international banking facility, provided, no expense 1803 |
---|
2582 | 2582 | | or loss attributable to the international banking facility shall be a 1804 |
---|
2583 | 2583 | | deduction under any provision of this section; [,] and 1805 |
---|
2584 | 2584 | | (D) [additionally,] Additionally, in the case of all taxpayers, all 1806 |
---|
2585 | 2585 | | dividends as defined in the Internal Revenue Code effective and in 1807 |
---|
2586 | 2586 | | force on the last day of the income year not otherwise deducted from 1808 |
---|
2587 | 2587 | | gross income, including dividends received from a DISC or former 1809 |
---|
2588 | 2588 | | DISC as defined in Section 992 of the Internal Revenue Code and 1810 |
---|
2589 | 2589 | | dividends deemed to have been distributed by a DISC or former DISC 1811 |
---|
2590 | 2590 | | as provided in Section 995 of said Internal Revenue Code, other than 1812 |
---|
2591 | 2591 | | thirty per cent of dividends received from a domestic corporation in 1813 |
---|
2592 | 2592 | | which the taxpayer owns less than twenty per cent of the total voting 1814 |
---|
2593 | 2593 | | power and value of the stock of such corporation; [,] and 1815 |
---|
2594 | 2594 | | (E) [additionally,] Additionally, in the case of all taxpayers, the 1816 |
---|
2595 | 2595 | | value of any capital gain realized from the sale of any land, or interest 1817 |
---|
2596 | 2596 | | in land, to the state, any political subdivision of the state, or to any 1818 |
---|
2597 | 2597 | | nonprofit land conservation organization where such land is to be 1819 |
---|
2598 | 2598 | | permanently preserved as protected open space or to a water 1820 |
---|
2599 | 2599 | | company, as defined in section 25-32a, where such land is to be 1821 |
---|
2600 | 2600 | | permanently preserved as protected open space or as Class I or Class II 1822 |
---|
2601 | 2601 | | water company land; [,] and 1823 |
---|
2602 | 2602 | | (F) [in] In the case of manufacturers, the amount of any contribution 1824 |
---|
2603 | 2603 | | to a manufacturing reinvestment account established pursuant to 1825 |
---|
2604 | 2604 | | section 32-9zz in the income year that such contribution is made to the 1826 |
---|
2605 | 2605 | | extent not deductible for federal income tax purposes; [,] and 1827 |
---|
2606 | 2606 | | Raised Bill No. 7410 |
---|
2607 | 2607 | | |
---|
2608 | 2608 | | |
---|
2609 | 2609 | | |
---|
2610 | 2610 | | LCO No. 6787 70 of 88 |
---|
2611 | 2611 | | |
---|
2612 | 2612 | | (G) [additionally,] Additionally, to the extent allowable under 1828 |
---|
2613 | 2613 | | subsection (g) of section 32-776, the amount paid by a 7/7 participant, 1829 |
---|
2614 | 2614 | | as defined in section 32-776, for the remediation of a brownfield; [,] 1830 |
---|
2615 | 2615 | | and 1831 |
---|
2616 | 2616 | | (H) [the] The amount of any contribution made on or after 1832 |
---|
2617 | 2617 | | December 23, 2017, by the state of Connecticut or a political 1833 |
---|
2618 | 2618 | | subdivision thereof to the extent included in a company's gross income 1834 |
---|
2619 | 2619 | | under Section 118(b)(2) of the Internal Revenue Code. 1835 |
---|
2620 | 2620 | | (2) (A) No deduction shall be allowed for (i) expenses related to 1836 |
---|
2621 | 2621 | | dividends that are allowable as a deduction or credit under the 1837 |
---|
2622 | 2622 | | Internal Revenue Code, and (ii) federal taxes on income or profits, 1838 |
---|
2623 | 2623 | | losses of other calendar or fiscal years, retroactive to include all 1839 |
---|
2624 | 2624 | | calendar or fiscal years beginning after January 1, 1935, interest 1840 |
---|
2625 | 2625 | | received from federal, state and local government securities, if any 1841 |
---|
2626 | 2626 | | such deductions are allowed by the federal government. 1842 |
---|
2627 | 2627 | | (B) For purposes of this subdivision, expenses related to dividends 1843 |
---|
2628 | 2628 | | shall equal five per cent of all dividends received by a company during 1844 |
---|
2629 | 2629 | | an income year. The net income associated with the disallowance of 1845 |
---|
2630 | 2630 | | expenses related to dividends shall be apportioned, if the company 1846 |
---|
2631 | 2631 | | conducts business within and without the state or is required to 1847 |
---|
2632 | 2632 | | apportion its income under section 12-218b, in accordance with this 1848 |
---|
2633 | 2633 | | chapter. 1849 |
---|
2634 | 2634 | | (3) Notwithstanding any provision of this section to the contrary, no 1850 |
---|
2635 | 2635 | | dividend received from a real estate investment trust shall be 1851 |
---|
2636 | 2636 | | deductible under this section by the recipient unless the dividend is: 1852 |
---|
2637 | 2637 | | (A) Deductible under Section 243 of the Internal Revenue Code; 1853 |
---|
2638 | 2638 | | (B) [received] Received by a qualified dividend recipient from a 1854 |
---|
2639 | 2639 | | qualified real estate investment trust and, as of the last day of the 1855 |
---|
2640 | 2640 | | period for which such dividend is paid, persons, not including the 1856 |
---|
2641 | 2641 | | qualified dividend recipient or any person that is either a related 1857 |
---|
2642 | 2642 | | Raised Bill No. 7410 |
---|
2643 | 2643 | | |
---|
2644 | 2644 | | |
---|
2645 | 2645 | | |
---|
2646 | 2646 | | LCO No. 6787 71 of 88 |
---|
2647 | 2647 | | |
---|
2648 | 2648 | | person to, or an employee or director of, the qualified dividend 1858 |
---|
2649 | 2649 | | recipient, have outstanding cash capital contributions to the qualified 1859 |
---|
2650 | 2650 | | real estate investment trust that, in the aggregate, exceed five per cent 1860 |
---|
2651 | 2651 | | of the fair market value of the aggregate real estate assets, valued as of 1861 |
---|
2652 | 2652 | | the last day of the period for which such dividend is paid, then held by 1862 |
---|
2653 | 2653 | | the qualified real estate investment trust; or 1863 |
---|
2654 | 2654 | | (C) [received] Received from a captive real estate investment trust 1864 |
---|
2655 | 2655 | | that is subject to the tax imposed under this chapter. For purposes of 1865 |
---|
2656 | 2656 | | this section, a "related person" is as defined in subdivision (7) of 1866 |
---|
2657 | 2657 | | subsection (a) of section 12-217m, "real estate assets" is as defined in 1867 |
---|
2658 | 2658 | | Section 856 of the Internal Revenue Code, a "qualified dividend 1868 |
---|
2659 | 2659 | | recipient" means a dividend recipient who has invested in a qualified 1869 |
---|
2660 | 2660 | | real estate investment trust prior to April 1, 1997, and a "qualified real 1870 |
---|
2661 | 2661 | | estate investment trust" means an entity that both was incorporated 1871 |
---|
2662 | 2662 | | and had contributed to it a minimum of five hundred million dollars' 1872 |
---|
2663 | 2663 | | worth of real estate assets prior to April 1, 1997, and that elects to be a 1873 |
---|
2664 | 2664 | | real estate investment trust under Section 856 of the Internal Revenue 1874 |
---|
2665 | 2665 | | Code prior to April 1, 1998. 1875 |
---|
2666 | 2666 | | (4) Notwithstanding any provision of this section to the contrary: [,] 1876 |
---|
2667 | 2667 | | (A) [any] Any excess of the deductions provided in this section for 1877 |
---|
2668 | 2668 | | any income year commencing on or after January 1, 1973, over the 1878 |
---|
2669 | 2669 | | gross income for such year or the amount of such excess apportioned 1879 |
---|
2670 | 2670 | | to this state under the provisions of this chapter, shall be an operating 1880 |
---|
2671 | 2671 | | loss of such income year and shall be deductible as an operating loss 1881 |
---|
2672 | 2672 | | carry-over for operating losses incurred prior to income years 1882 |
---|
2673 | 2673 | | commencing January 1, 2000, in each of the five income years 1883 |
---|
2674 | 2674 | | following such loss year, and for operating losses incurred in income 1884 |
---|
2675 | 2675 | | years commencing on or after January 1, 2000, in each of the twenty 1885 |
---|
2676 | 2676 | | income years following such loss year, except that; 1886 |
---|
2677 | 2677 | | (i) [for] For income years commencing prior to January 1, 2015, the 1887 |
---|
2678 | 2678 | | portion of such operating loss [which] that may be deducted as an 1888 |
---|
2679 | 2679 | | Raised Bill No. 7410 |
---|
2680 | 2680 | | |
---|
2681 | 2681 | | |
---|
2682 | 2682 | | |
---|
2683 | 2683 | | LCO No. 6787 72 of 88 |
---|
2684 | 2684 | | |
---|
2685 | 2685 | | operating loss carry-over in any income year following such loss year 1889 |
---|
2686 | 2686 | | shall be limited to the lesser of (I) any net income greater than zero of 1890 |
---|
2687 | 2687 | | such income year following such loss year, or in the case of a company 1891 |
---|
2688 | 2688 | | entitled to apportion its net income under the provisions of this 1892 |
---|
2689 | 2689 | | chapter, the amount of such net income [which] that is apportioned to 1893 |
---|
2690 | 2690 | | this state pursuant thereto, or (II) the excess, if any, of such operating 1894 |
---|
2691 | 2691 | | loss over the total of such net income for each of any prior income 1895 |
---|
2692 | 2692 | | years following such loss year, such net income of each of such prior 1896 |
---|
2693 | 2693 | | income years following such loss year for such purposes being 1897 |
---|
2694 | 2694 | | computed without regard to any operating loss carry-over from such 1898 |
---|
2695 | 2695 | | loss year allowed under this subparagraph and being regarded as not 1899 |
---|
2696 | 2696 | | less than zero, and provided further the operating loss of any income 1900 |
---|
2697 | 2697 | | year shall be deducted in any subsequent year, to the extent available 1901 |
---|
2698 | 2698 | | for such deduction, before the operating loss of any subsequent income 1902 |
---|
2699 | 2699 | | year is deducted; [,] 1903 |
---|
2700 | 2700 | | (ii) [for] For income years commencing on or after January 1, 2015, 1904 |
---|
2701 | 2701 | | but prior to January 1, 2020, the portion of such operating loss [which] 1905 |
---|
2702 | 2702 | | that may be deducted as an operating loss carry-over in any income 1906 |
---|
2703 | 2703 | | year following such loss year shall be limited to the lesser of (I) fifty 1907 |
---|
2704 | 2704 | | per cent of net income of such income year following such loss year, or 1908 |
---|
2705 | 2705 | | in the case of a company entitled to apportion its net income under the 1909 |
---|
2706 | 2706 | | provisions of this chapter, fifty per cent of such net income [which] 1910 |
---|
2707 | 2707 | | that is apportioned to this state pursuant thereto, or (II) the excess, if 1911 |
---|
2708 | 2708 | | any, of such operating loss over the operating loss deductions 1912 |
---|
2709 | 2709 | | allowable with respect to such operating loss under this subparagraph 1913 |
---|
2710 | 2710 | | for each of any prior income years following such loss year, such net 1914 |
---|
2711 | 2711 | | income of each of such prior income years following such loss year for 1915 |
---|
2712 | 2712 | | such purposes being computed without regard to any operating loss 1916 |
---|
2713 | 2713 | | carry-over from such loss year allowed under this subparagraph and 1917 |
---|
2714 | 2714 | | being regarded as not less than zero, and provided further the 1918 |
---|
2715 | 2715 | | operating loss of any income year shall be deducted in any subsequent 1919 |
---|
2716 | 2716 | | year, to the extent available for such deduction, before the operating 1920 |
---|
2717 | 2717 | | loss of any subsequent income year is deducted; [,] and 1921 |
---|
2718 | 2718 | | Raised Bill No. 7410 |
---|
2719 | 2719 | | |
---|
2720 | 2720 | | |
---|
2721 | 2721 | | |
---|
2722 | 2722 | | LCO No. 6787 73 of 88 |
---|
2723 | 2723 | | |
---|
2724 | 2724 | | (iii) For income years commencing on or after January 1, 2020, the 1922 |
---|
2725 | 2725 | | portion of such operating loss that may be deducted as an operating 1923 |
---|
2726 | 2726 | | loss carry-over in any income year following such loss year shall be the 1924 |
---|
2727 | 2727 | | amount allowed under Section 172 of the Internal Revenue Code. 1925 |
---|
2728 | 2728 | | [(iii) if] (iv) If a combined group so elects, the combined group shall 1926 |
---|
2729 | 2729 | | relinquish fifty per cent of its unused operating losses incurred prior to 1927 |
---|
2730 | 2730 | | the income year commencing on or after January 1, 2015, and before 1928 |
---|
2731 | 2731 | | January 1, 2016, and may utilize the remaining operating loss carry-1929 |
---|
2732 | 2732 | | over without regard to the limitations prescribed in subparagraph 1930 |
---|
2733 | 2733 | | (A)(ii) of this subdivision. The portion of such operating loss carry-1931 |
---|
2734 | 2734 | | over that may be deducted shall be limited to the amount required to 1932 |
---|
2735 | 2735 | | reduce a combined group's tax under this chapter, prior to surtax and 1933 |
---|
2736 | 2736 | | prior to the application of credits, to two million five hundred 1934 |
---|
2737 | 2737 | | thousand dollars in any income year commencing on or after January 1935 |
---|
2738 | 2738 | | 1, 2015. Only after the combined group's remaining operating loss 1936 |
---|
2739 | 2739 | | carry-over for operating losses incurred prior to income years 1937 |
---|
2740 | 2740 | | commencing January 1, 2015, has been fully utilized, will the 1938 |
---|
2741 | 2741 | | limitations prescribed in subparagraph (A)(ii) of this subdivision 1939 |
---|
2742 | 2742 | | apply. The combined group, or any member thereof, shall make such 1940 |
---|
2743 | 2743 | | election on its return for the income year beginning on or after January 1941 |
---|
2744 | 2744 | | 1, 2015, and before January 1, 2016, by the due date for such return, 1942 |
---|
2745 | 2745 | | including any extensions. Only combined groups with unused 1943 |
---|
2746 | 2746 | | operating losses in excess of six billion dollars from income years 1944 |
---|
2747 | 2747 | | beginning prior to January 1, 2013, may make the election prescribed 1945 |
---|
2748 | 2748 | | in this clause; [,] and 1946 |
---|
2749 | 2749 | | (B) [any] Any net capital loss, as defined in the Internal Revenue 1947 |
---|
2750 | 2750 | | Code effective and in force on the last day of the income year, for any 1948 |
---|
2751 | 2751 | | income year commencing on or after January 1, 1973, shall be allowed 1949 |
---|
2752 | 2752 | | as a capital loss carry-over to reduce, but not below zero, any net 1950 |
---|
2753 | 2753 | | capital gain, as so defined, in each of the five following income years, 1951 |
---|
2754 | 2754 | | in order of sequence, to the extent not exhausted by the net capital gain 1952 |
---|
2755 | 2755 | | of any of the preceding of such five following income years; [,] and 1953 |
---|
2756 | 2756 | | Raised Bill No. 7410 |
---|
2757 | 2757 | | |
---|
2758 | 2758 | | |
---|
2759 | 2759 | | |
---|
2760 | 2760 | | LCO No. 6787 74 of 88 |
---|
2761 | 2761 | | |
---|
2762 | 2762 | | (C) [any] Any net capital losses allowed and carried forward from 1954 |
---|
2763 | 2763 | | prior years to income years beginning on or after January 1, 1973, for 1955 |
---|
2764 | 2764 | | federal income tax purposes by companies entitled to a deduction for 1956 |
---|
2765 | 2765 | | dividends paid under the Internal Revenue Code other than 1957 |
---|
2766 | 2766 | | companies subject to the gross earnings taxes imposed under chapters 1958 |
---|
2767 | 2767 | | 211 and 212, shall be allowed as a capital loss carry-over. 1959 |
---|
2768 | 2768 | | (5) This section shall not apply to a life insurance company as 1960 |
---|
2769 | 2769 | | defined in the Internal Revenue Code effective and in force on the last 1961 |
---|
2770 | 2770 | | day of the income year. For purposes of this section, the unpaid loss 1962 |
---|
2771 | 2771 | | reserve adjustment required for nonlife insurance companies under the 1963 |
---|
2772 | 2772 | | provisions of Section 832(b)(5) of the Internal Revenue Code of 1986 [, 1964 |
---|
2773 | 2773 | | or any subsequent corresponding internal revenue code of the United 1965 |
---|
2774 | 2774 | | States, as from time to time amended,] shall be applied without 1966 |
---|
2775 | 2775 | | making the adjustment in Subparagraph (B) of said Section 832(b)(5). 1967 |
---|
2776 | 2776 | | (6) For purposes of determining net income under this section for 1968 |
---|
2777 | 2777 | | income years commencing on or after January 1, 2018, the deduction 1969 |
---|
2778 | 2778 | | allowed for business interest paid or accrued shall be determined as 1970 |
---|
2779 | 2779 | | provided under the Internal Revenue Code, except that in making such 1971 |
---|
2780 | 2780 | | determination, the provisions of Section 163(j) of said code shall not 1972 |
---|
2781 | 2781 | | apply. 1973 |
---|
2782 | 2782 | | Sec. 29. Section 12-219 of the general statutes is repealed and the 1974 |
---|
2783 | 2783 | | following is substituted in lieu thereof (Effective from passage): 1975 |
---|
2784 | 2784 | | (a) (1) Each company subject to the provisions of this part shall pay 1976 |
---|
2785 | 2785 | | for the privilege of carrying on or doing business within the state, (A) 1977 |
---|
2786 | 2786 | | (i) for income years commencing prior to January 1, 2020, the larger of 1978 |
---|
2787 | 2787 | | the tax, if any, imposed by section 12-214 and the tax calculated under 1979 |
---|
2788 | 2788 | | this subsection, and (B) for income years commencing on or after 1980 |
---|
2789 | 2789 | | January 1, 2020, the tax imposed by section 12-214. The tax calculated 1981 |
---|
2790 | 2790 | | under this section shall be a tax of three and one-tenth mills per dollar 1982 |
---|
2791 | 2791 | | for each income year of the amount derived [(A)] (i) by adding [(i)] (I) 1983 |
---|
2792 | 2792 | | the average value of the issued and outstanding capital stock, 1984 |
---|
2793 | 2793 | | Raised Bill No. 7410 |
---|
2794 | 2794 | | |
---|
2795 | 2795 | | |
---|
2796 | 2796 | | |
---|
2797 | 2797 | | LCO No. 6787 75 of 88 |
---|
2798 | 2798 | | |
---|
2799 | 2799 | | including treasury stock at par or face value, fractional shares, scrip 1985 |
---|
2800 | 2800 | | certificates convertible into shares of stock and amounts received on 1986 |
---|
2801 | 2801 | | subscriptions to capital stock, computed on the balances at the 1987 |
---|
2802 | 2802 | | beginning and end of the taxable year or period, the average value of 1988 |
---|
2803 | 2803 | | surplus and undivided profit computed on the balances at the 1989 |
---|
2804 | 2804 | | beginning and end of the taxable year or period, and [(ii)] (II) the 1990 |
---|
2805 | 2805 | | average value of all surplus reserves computed on the balances at the 1991 |
---|
2806 | 2806 | | beginning and end of the taxable year or period, [(B)] (ii) by 1992 |
---|
2807 | 2807 | | subtracting from the sum so calculated [(i)] (I) the average value of any 1993 |
---|
2808 | 2808 | | deficit carried on the balance sheet computed on the balances at the 1994 |
---|
2809 | 2809 | | beginning and end of the taxable year or period, and [(ii)] (II) the 1995 |
---|
2810 | 2810 | | average value of any holdings of stock of private corporations 1996 |
---|
2811 | 2811 | | including treasury stock shown on the balance sheet computed on the 1997 |
---|
2812 | 2812 | | balances at the beginning and end of the taxable year or period, and 1998 |
---|
2813 | 2813 | | [(C)] (iii) by apportioning the remainder so derived between this and 1999 |
---|
2814 | 2814 | | other states under the provisions of section 12-219a, provided in no 2000 |
---|
2815 | 2815 | | event shall the tax so calculated exceed one million dollars or be less 2001 |
---|
2816 | 2816 | | than two hundred fifty dollars. 2002 |
---|
2817 | 2817 | | (2) For purposes of this subsection, in the case of a new domestic 2003 |
---|
2818 | 2818 | | company, the balances at the beginning of its first fiscal year or period 2004 |
---|
2819 | 2819 | | shall be the balances immediately after its organization or immediately 2005 |
---|
2820 | 2820 | | after it commences business operations, whichever is earlier; and in the 2006 |
---|
2821 | 2821 | | case of a foreign company, the balances at the beginning of its first 2007 |
---|
2822 | 2822 | | fiscal year or period in which it becomes liable for the filing of a return 2008 |
---|
2823 | 2823 | | in this state shall be the balances as established at the beginning of the 2009 |
---|
2824 | 2824 | | fiscal year or period for tax purposes. In the case of a domestic 2010 |
---|
2825 | 2825 | | company dissolving or limiting its existence, the balances at the end of 2011 |
---|
2826 | 2826 | | the fiscal year or period shall be the balances immediately prior to the 2012 |
---|
2827 | 2827 | | final distribution of all its assets; and in the case of a foreign company 2013 |
---|
2828 | 2828 | | filing a certificate of withdrawal, the balances at the end of the fiscal 2014 |
---|
2829 | 2829 | | year or period shall be the balances immediately prior to the 2015 |
---|
2830 | 2830 | | withdrawal of all of its assets. When a taxpayer has carried on or had 2016 |
---|
2831 | 2831 | | the right to carry on business within the state for eleven months or less 2017 |
---|
2832 | 2832 | | Raised Bill No. 7410 |
---|
2833 | 2833 | | |
---|
2834 | 2834 | | |
---|
2835 | 2835 | | |
---|
2836 | 2836 | | LCO No. 6787 76 of 88 |
---|
2837 | 2837 | | |
---|
2838 | 2838 | | of the income year, the tax calculated under this subsection shall be 2018 |
---|
2839 | 2839 | | reduced in proportion to the fractional part of the year during which 2019 |
---|
2840 | 2840 | | business was carried on by such taxpayer. The tax calculated under 2020 |
---|
2841 | 2841 | | this subsection shall, in no case, be less than two hundred fifty dollars 2021 |
---|
2842 | 2842 | | for each income year. The taxpayer shall report the items set forth in 2022 |
---|
2843 | 2843 | | this subsection at the amounts at which such items appear upon its 2023 |
---|
2844 | 2844 | | books; provided, when, in the opinion of the Commissioner of 2024 |
---|
2845 | 2845 | | Revenue Services, the books of the taxpayer do not disclose a 2025 |
---|
2846 | 2846 | | reasonable valuation of such items, the commissioner may require any 2026 |
---|
2847 | 2847 | | additional information which may be necessary for a reasonable 2027 |
---|
2848 | 2848 | | determination of the tax calculated under this subsection and shall, on 2028 |
---|
2849 | 2849 | | the basis of the best information available, calculate such tax and notify 2029 |
---|
2850 | 2850 | | the taxpayer thereof. 2030 |
---|
2851 | 2851 | | (3) No tax credit allowed against the tax imposed by this chapter 2031 |
---|
2852 | 2852 | | shall reduce a company's tax calculated under this subsection to an 2032 |
---|
2853 | 2853 | | amount less than two hundred fifty dollars. 2033 |
---|
2854 | 2854 | | (b) (1) With respect to income years commencing on or after January 2034 |
---|
2855 | 2855 | | 1, 1989, and prior to January 1, 1992, the additional tax imposed on any 2035 |
---|
2856 | 2856 | | company and calculated in accordance with subsection (a) of this 2036 |
---|
2857 | 2857 | | section shall, for each such income year, except when the tax so 2037 |
---|
2858 | 2858 | | calculated is equal to two hundred fifty dollars, be increased by adding 2038 |
---|
2859 | 2859 | | thereto an amount equal to twenty per cent of the additional tax so 2039 |
---|
2860 | 2860 | | calculated for such income year, without reduction of the additional 2040 |
---|
2861 | 2861 | | tax so calculated by the amount of any credit against such tax. The 2041 |
---|
2862 | 2862 | | increased amount of tax payable by any company under this section, 2042 |
---|
2863 | 2863 | | as determined in accordance with this subsection, shall become due 2043 |
---|
2864 | 2864 | | and be paid, collected and enforced as provided in this chapter. 2044 |
---|
2865 | 2865 | | (2) With respect to income years commencing on or after January 1, 2045 |
---|
2866 | 2866 | | 1992, and prior to January 1, 1993, the additional tax imposed on any 2046 |
---|
2867 | 2867 | | company and calculated in accordance with subsection (a) of this 2047 |
---|
2868 | 2868 | | section shall, for each such income year, except when the tax so 2048 |
---|
2869 | 2869 | | calculated is equal to two hundred fifty dollars, be increased by adding 2049 |
---|
2870 | 2870 | | Raised Bill No. 7410 |
---|
2871 | 2871 | | |
---|
2872 | 2872 | | |
---|
2873 | 2873 | | |
---|
2874 | 2874 | | LCO No. 6787 77 of 88 |
---|
2875 | 2875 | | |
---|
2876 | 2876 | | thereto an amount equal to ten per cent of the additional tax so 2050 |
---|
2877 | 2877 | | calculated for such income year, without reduction of the tax so 2051 |
---|
2878 | 2878 | | calculated by the amount of any credit against such tax. The increased 2052 |
---|
2879 | 2879 | | amount of tax payable by any company under this section, as 2053 |
---|
2880 | 2880 | | determined in accordance with this subsection, shall become due and 2054 |
---|
2881 | 2881 | | be paid, collected and enforced as provided in this chapter. 2055 |
---|
2882 | 2882 | | (3) With respect to income years commencing on or after January 1, 2056 |
---|
2883 | 2883 | | 2003, and prior to January 1, 2004, the additional tax imposed on any 2057 |
---|
2884 | 2884 | | company and calculated in accordance with subsection (a) of this 2058 |
---|
2885 | 2885 | | section shall, for each such income year, be increased by adding 2059 |
---|
2886 | 2886 | | thereto an amount equal to twenty per cent of the additional tax so 2060 |
---|
2887 | 2887 | | calculated for such income year, without reduction of the tax so 2061 |
---|
2888 | 2888 | | calculated by the amount of any credit against such tax. The increased 2062 |
---|
2889 | 2889 | | amount of tax payable by any company under this section, as 2063 |
---|
2890 | 2890 | | determined in accordance with this subsection, shall become due and 2064 |
---|
2891 | 2891 | | be paid, collected and enforced as provided in this chapter. 2065 |
---|
2892 | 2892 | | (4) With respect to income years commencing on or after January 1, 2066 |
---|
2893 | 2893 | | 2004, and prior to January 1, 2005, the additional tax imposed on any 2067 |
---|
2894 | 2894 | | company and calculated in accordance with subsection (a) of this 2068 |
---|
2895 | 2895 | | section shall, for each such income year, be increased by adding 2069 |
---|
2896 | 2896 | | thereto an amount equal to twenty-five per cent of the additional tax so 2070 |
---|
2897 | 2897 | | calculated for such income year, without reduction of the tax so 2071 |
---|
2898 | 2898 | | calculated by the amount of any credit against such tax, except that 2072 |
---|
2899 | 2899 | | any company that pays the minimum tax of two hundred fifty dollars 2073 |
---|
2900 | 2900 | | under this section or section 12-223c, as amended by this act, for such 2074 |
---|
2901 | 2901 | | income year shall not be subject to such additional tax. The increased 2075 |
---|
2902 | 2902 | | amount of tax payable by any company under this subdivision, as 2076 |
---|
2903 | 2903 | | determined in accordance with this subsection, shall become due and 2077 |
---|
2904 | 2904 | | be paid, collected and enforced as provided in this chapter. 2078 |
---|
2905 | 2905 | | (5) With respect to income years commencing on or after January 1, 2079 |
---|
2906 | 2906 | | 2006, and prior to January 1, 2007, the additional tax imposed on any 2080 |
---|
2907 | 2907 | | company and calculated in accordance with subsection (a) of this 2081 |
---|
2908 | 2908 | | Raised Bill No. 7410 |
---|
2909 | 2909 | | |
---|
2910 | 2910 | | |
---|
2911 | 2911 | | |
---|
2912 | 2912 | | LCO No. 6787 78 of 88 |
---|
2913 | 2913 | | |
---|
2914 | 2914 | | section shall, for each such income year, except when the tax so 2082 |
---|
2915 | 2915 | | calculated is equal to two hundred fifty dollars, be increased by adding 2083 |
---|
2916 | 2916 | | thereto an amount equal to twenty per cent of the additional tax so 2084 |
---|
2917 | 2917 | | calculated for such income year, without reduction of the tax so 2085 |
---|
2918 | 2918 | | calculated by the amount of any credit against such tax. The increased 2086 |
---|
2919 | 2919 | | amount of tax payable by any company under this section, as 2087 |
---|
2920 | 2920 | | determined in accordance with this subsection, shall become due and 2088 |
---|
2921 | 2921 | | be paid, collected and enforced as provided in this chapter. 2089 |
---|
2922 | 2922 | | (6) (A) With respect to income years commencing on or after 2090 |
---|
2923 | 2923 | | January 1, 2009, and prior to January 1, 2012, the additional tax 2091 |
---|
2924 | 2924 | | imposed on any company and calculated in accordance with 2092 |
---|
2925 | 2925 | | subsection (a) of this section shall, for each such income year, except 2093 |
---|
2926 | 2926 | | when the tax so calculated is equal to two hundred fifty dollars, be 2094 |
---|
2927 | 2927 | | increased by adding thereto an amount equal to ten per cent of the 2095 |
---|
2928 | 2928 | | additional tax so calculated for such income year, without reduction of 2096 |
---|
2929 | 2929 | | the tax so calculated by the amount of any credit against such tax. The 2097 |
---|
2930 | 2930 | | increased amount of tax payable by any company under this section, 2098 |
---|
2931 | 2931 | | as determined in accordance with this subsection, shall become due 2099 |
---|
2932 | 2932 | | and be paid, collected and enforced as provided in this chapter. 2100 |
---|
2933 | 2933 | | (B) Any company whose gross income for the income year was less 2101 |
---|
2934 | 2934 | | than one hundred million dollars shall not be subject to the additional 2102 |
---|
2935 | 2935 | | tax imposed under subparagraph (A) of this subdivision. This 2103 |
---|
2936 | 2936 | | exception shall not apply to companies filing a combined return for the 2104 |
---|
2937 | 2937 | | income year under section 12-223a or a unitary return under 2105 |
---|
2938 | 2938 | | subsection (d) of section 12-218d. 2106 |
---|
2939 | 2939 | | (7) (A) With respect to income years commencing on or after 2107 |
---|
2940 | 2940 | | January 1, 2012, and prior to January 1, 2018, the additional tax 2108 |
---|
2941 | 2941 | | imposed on any company and calculated in accordance with 2109 |
---|
2942 | 2942 | | subsection (a) of this section shall, for each such income year, except 2110 |
---|
2943 | 2943 | | when the tax so calculated is equal to two hundred fifty dollars, be 2111 |
---|
2944 | 2944 | | increased by adding thereto an amount equal to twenty per cent of the 2112 |
---|
2945 | 2945 | | additional tax so calculated for such income year, without reduction of 2113 |
---|
2946 | 2946 | | Raised Bill No. 7410 |
---|
2947 | 2947 | | |
---|
2948 | 2948 | | |
---|
2949 | 2949 | | |
---|
2950 | 2950 | | LCO No. 6787 79 of 88 |
---|
2951 | 2951 | | |
---|
2952 | 2952 | | the tax so calculated by the amount of any credit against such tax. The 2114 |
---|
2953 | 2953 | | increased amount of tax payable by any company under this section, 2115 |
---|
2954 | 2954 | | as determined in accordance with this subsection, shall become due 2116 |
---|
2955 | 2955 | | and be paid, collected and enforced as provided in this chapter. 2117 |
---|
2956 | 2956 | | (B) Any company whose gross income for the income year was less 2118 |
---|
2957 | 2957 | | than one hundred million dollars shall not be subject to the additional 2119 |
---|
2958 | 2958 | | tax imposed under subparagraph (A) of this subdivision. With respect 2120 |
---|
2959 | 2959 | | to income years commencing on or after January 1, 2012, and prior to 2121 |
---|
2960 | 2960 | | January 1, 2016, this exception shall not apply to companies filing a 2122 |
---|
2961 | 2961 | | combined return for the income year under section 12-223a or a 2123 |
---|
2962 | 2962 | | unitary return under subsection (d) of section 12-218d. With respect to 2124 |
---|
2963 | 2963 | | income years commencing on or after January 1, 2016, and prior to 2125 |
---|
2964 | 2964 | | January 1, 2018, this exception shall not apply to taxable members of a 2126 |
---|
2965 | 2965 | | combined group that files a combined unitary tax return. 2127 |
---|
2966 | 2966 | | (8) (A) With respect to income years commencing on or after 2128 |
---|
2967 | 2967 | | January 1, 2018, and prior to January 1, 2019, the additional tax 2129 |
---|
2968 | 2968 | | imposed on any company and calculated in accordance with 2130 |
---|
2969 | 2969 | | subsection (a) of this section shall, for such income year, except when 2131 |
---|
2970 | 2970 | | the tax so calculated is equal to two hundred fifty dollars, be increased 2132 |
---|
2971 | 2971 | | by adding thereto an amount equal to ten per cent of the additional tax 2133 |
---|
2972 | 2972 | | so calculated for such income year, without reduction of the tax so 2134 |
---|
2973 | 2973 | | calculated by the amount of any credit against such tax. The increased 2135 |
---|
2974 | 2974 | | amount of tax payable by any company under this section, as 2136 |
---|
2975 | 2975 | | determined in accordance with this subsection, shall become due and 2137 |
---|
2976 | 2976 | | be paid, collected and enforced as provided in this chapter. 2138 |
---|
2977 | 2977 | | (B) Any company whose gross income for the income year was less 2139 |
---|
2978 | 2978 | | than one hundred million dollars shall not be subject to the additional 2140 |
---|
2979 | 2979 | | tax imposed under subparagraph (A) of this subdivision. This 2141 |
---|
2980 | 2980 | | exception shall not apply to taxable members of a combined group that 2142 |
---|
2981 | 2981 | | files a combined unitary tax return. 2143 |
---|
2982 | 2982 | | (c) The tax imposed by this section shall be assessed and collected 2144 |
---|
2983 | 2983 | | Raised Bill No. 7410 |
---|
2984 | 2984 | | |
---|
2985 | 2985 | | |
---|
2986 | 2986 | | |
---|
2987 | 2987 | | LCO No. 6787 80 of 88 |
---|
2988 | 2988 | | |
---|
2989 | 2989 | | and be first applicable at the time or times herein provided for the tax 2145 |
---|
2990 | 2990 | | measured by net income. This section shall not apply to insurance 2146 |
---|
2991 | 2991 | | companies, real estate investment trusts, regulated investment 2147 |
---|
2992 | 2992 | | companies, interlocal risk management agencies formed pursuant to 2148 |
---|
2993 | 2993 | | chapter 113a or, except as otherwise provided by subsection (d) of this 2149 |
---|
2994 | 2994 | | section, financial service companies, as defined in section 12-218b. 2150 |
---|
2995 | 2995 | | (d) Each financial service company, as defined in section 12-218b, 2151 |
---|
2996 | 2996 | | shall pay for the privilege of carrying on or doing business within the 2152 |
---|
2997 | 2997 | | state, (A) for income years commencing prior to January 1, 2020, the 2153 |
---|
2998 | 2998 | | larger of the tax, if any, imposed by section 12-214 and the tax 2154 |
---|
2999 | 2999 | | calculated under this subsection, and (B) for income years commencing 2155 |
---|
3000 | 3000 | | on or after January 1, 2020, the tax, if any, imposed by section 12-214. 2156 |
---|
3001 | 3001 | | For each such financial service company, the tax calculated under this 2157 |
---|
3002 | 3002 | | subsection shall be two hundred fifty dollars for each income year. No 2158 |
---|
3003 | 3003 | | tax credit allowed against the tax imposed by this chapter shall reduce 2159 |
---|
3004 | 3004 | | a financial service company's tax calculated under this subsection to an 2160 |
---|
3005 | 3005 | | amount less than two hundred fifty dollars. 2161 |
---|
3006 | 3006 | | (e) [The] For income years commencing prior to January 1, 2020, the 2162 |
---|
3007 | 3007 | | additional tax base of taxable and nontaxable members of a combined 2163 |
---|
3008 | 3008 | | group required to file a combined unitary tax return pursuant to 2164 |
---|
3009 | 3009 | | section 12-222 shall be calculated as provided in subsection (f) of 2165 |
---|
3010 | 3010 | | section 12-218e. 2166 |
---|
3011 | 3011 | | Sec. 30. Subsection (a) of section 12-217ee of the general statutes is 2167 |
---|
3012 | 3012 | | repealed and the following is substituted in lieu thereof (Effective from 2168 |
---|
3013 | 3013 | | passage): 2169 |
---|
3014 | 3014 | | (a) Any taxpayer that (1) is a qualified small business, (2) qualifies 2170 |
---|
3015 | 3015 | | for a credit under section 12-217j or section 12-217n, and (3) cannot 2171 |
---|
3016 | 3016 | | take such credit in the taxable year in which the credit could otherwise 2172 |
---|
3017 | 3017 | | be taken as a result of having no tax liability under this chapter may 2173 |
---|
3018 | 3018 | | elect to carry such credit forward under this chapter or may apply to 2174 |
---|
3019 | 3019 | | the commissioner as provided in subsection (b) of this section to 2175 |
---|
3020 | 3020 | | Raised Bill No. 7410 |
---|
3021 | 3021 | | |
---|
3022 | 3022 | | |
---|
3023 | 3023 | | |
---|
3024 | 3024 | | LCO No. 6787 81 of 88 |
---|
3025 | 3025 | | |
---|
3026 | 3026 | | exchange such credit with the state for a credit refund equal to sixty-2176 |
---|
3027 | 3027 | | five per cent of the value of the credit. Any amount of credit refunded 2177 |
---|
3028 | 3028 | | under this section shall be refunded to the taxpayer under the 2178 |
---|
3029 | 3029 | | provisions of this chapter, except that such credit refund shall not be 2179 |
---|
3030 | 3030 | | subject to the provisions of section 12-227. Payment of the capital base 2180 |
---|
3031 | 3031 | | tax under section 12-219, as amended by this act, for an income year 2181 |
---|
3032 | 3032 | | commencing on or after January 1, 2002, and prior to January 1, 2020, 2182 |
---|
3033 | 3033 | | in which year the taxpayer reports no net income, as defined in section 2183 |
---|
3034 | 3034 | | 12-213, or payment of the minimum tax of two hundred fifty dollars 2184 |
---|
3035 | 3035 | | under section 12-219, as amended by this act, or 12-223c, as amended 2185 |
---|
3036 | 3036 | | by this act, for any income year, shall not be considered a tax liability 2186 |
---|
3037 | 3037 | | for purposes of this section. 2187 |
---|
3038 | 3038 | | Sec. 31. Section 12-223c of the general statutes is repealed and the 2188 |
---|
3039 | 3039 | | following is substituted in lieu thereof (Effective from passage): 2189 |
---|
3040 | 3040 | | [Each] For income years commencing prior to January 1, 2020, (1) 2190 |
---|
3041 | 3041 | | each corporation included in a combined return under section 12-223a 2191 |
---|
3042 | 3042 | | shall pay the minimum tax of two hundred fifty dollars prescribed 2192 |
---|
3043 | 3043 | | under section 12-219, as amended by this act, [. No] and (2) no tax 2193 |
---|
3044 | 3044 | | credit allowed against the tax imposed by this chapter shall reduce an 2194 |
---|
3045 | 3045 | | included corporation's tax calculated under section 12-219, as amended 2195 |
---|
3046 | 3046 | | by this act, to an amount less than two hundred fifty dollars. 2196 |
---|
3047 | 3047 | | Sec. 32. (Effective from passage) Not later than December 31, 2019, the 2197 |
---|
3048 | 3048 | | Commissioner of Revenue Services shall provide to the chairpersons 2198 |
---|
3049 | 3049 | | and ranking members of the joint standing committee of the General 2199 |
---|
3050 | 3050 | | Assembly having cognizance of matters relating to finance, revenue 2200 |
---|
3051 | 3051 | | and bonding recommendations for additional amendments to the 2201 |
---|
3052 | 3052 | | general statutes that are required to effectuate the changes in sections 2202 |
---|
3053 | 3053 | | 28 and 29 of this act related to the amount of the operating loss 2203 |
---|
3054 | 3054 | | allowed as a carry-over and the elimination of the capital base tax. 2204 |
---|
3055 | 3055 | | Sec. 33. (Effective July 1, 2019) (a) For the purposes described in 2205 |
---|
3056 | 3056 | | subsection (b) of this section, the State Bond Commission shall have 2206 |
---|
3057 | 3057 | | Raised Bill No. 7410 |
---|
3058 | 3058 | | |
---|
3059 | 3059 | | |
---|
3060 | 3060 | | |
---|
3061 | 3061 | | LCO No. 6787 82 of 88 |
---|
3062 | 3062 | | |
---|
3063 | 3063 | | the power from time to time to authorize the issuance of bonds of the 2207 |
---|
3064 | 3064 | | state in one or more series and in principal amounts not exceeding in 2208 |
---|
3065 | 3065 | | the aggregate two hundred million dollars. 2209 |
---|
3066 | 3066 | | (b) The proceeds of the sale of such bonds, to the extent of the 2210 |
---|
3067 | 3067 | | amount stated in subsection (a) of this section, shall be used by the 2211 |
---|
3068 | 3068 | | Office of Higher Education for the purpose of awarding scholarships 2212 |
---|
3069 | 3069 | | under the STEM Scholarship Program established under section 34 of 2213 |
---|
3070 | 3070 | | this act, provided no portion of such proceeds shall be used for 2214 |
---|
3071 | 3071 | | administrative expenses. 2215 |
---|
3072 | 3072 | | (c) All provisions of section 3-20 of the general statutes, or the 2216 |
---|
3073 | 3073 | | exercise of any right or power granted thereby, that are not 2217 |
---|
3074 | 3074 | | inconsistent with the provisions of this section are hereby adopted and 2218 |
---|
3075 | 3075 | | shall apply to all bonds authorized by the State Bond Commission 2219 |
---|
3076 | 3076 | | pursuant to this section. Temporary notes in anticipation of the money 2220 |
---|
3077 | 3077 | | to be derived from the sale of any such bonds so authorized may be 2221 |
---|
3078 | 3078 | | issued in accordance with section 3-20 of the general statutes and from 2222 |
---|
3079 | 3079 | | time to time renewed. Such bonds shall mature at such time or times 2223 |
---|
3080 | 3080 | | not exceeding twenty years from their respective dates as may be 2224 |
---|
3081 | 3081 | | provided in or pursuant to the resolution or resolutions of the State 2225 |
---|
3082 | 3082 | | Bond Commission authorizing such bonds. None of such bonds shall 2226 |
---|
3083 | 3083 | | be authorized except upon a finding by the State Bond Commission 2227 |
---|
3084 | 3084 | | that there has been filed with it a request for such authorization that is 2228 |
---|
3085 | 3085 | | signed by or on behalf of the Secretary of the Office of Policy and 2229 |
---|
3086 | 3086 | | Management and states such terms and conditions as said commission, 2230 |
---|
3087 | 3087 | | in its discretion, may require. Such bonds issued pursuant to this 2231 |
---|
3088 | 3088 | | section shall be general obligations of the state and the full faith and 2232 |
---|
3089 | 3089 | | credit of the state of Connecticut are pledged for the payment of the 2233 |
---|
3090 | 3090 | | principal of and interest on such bonds as the same become due, and 2234 |
---|
3091 | 3091 | | accordingly and as part of the contract of the state with the holders of 2235 |
---|
3092 | 3092 | | such bonds, appropriation of all amounts necessary for punctual 2236 |
---|
3093 | 3093 | | payment of such principal and interest is hereby made, and the State 2237 |
---|
3094 | 3094 | | Treasurer shall pay such principal and interest as the same become 2238 |
---|
3095 | 3095 | | due. 2239 |
---|
3096 | 3096 | | Raised Bill No. 7410 |
---|
3097 | 3097 | | |
---|
3098 | 3098 | | |
---|
3099 | 3099 | | |
---|
3100 | 3100 | | LCO No. 6787 83 of 88 |
---|
3101 | 3101 | | |
---|
3102 | 3102 | | Sec. 34. (NEW) (Effective July 1, 2019) (a) There is established a STEM 2240 |
---|
3103 | 3103 | | scholarship program administered by the Office of Higher Education. 2241 |
---|
3104 | 3104 | | Commencing July 1, 2020, the program shall award scholarships for up 2242 |
---|
3105 | 3105 | | to four thousand residents of the state in the first year and up to four 2243 |
---|
3106 | 3106 | | thousand additional residents of the state in each of the next three 2244 |
---|
3107 | 3107 | | years, who are enrolled (1) as full-time or part-time undergraduate 2245 |
---|
3108 | 3108 | | students at a public or an independent institution of higher education 2246 |
---|
3109 | 3109 | | in the state and are seeking a degree in a field related to science, 2247 |
---|
3110 | 3110 | | technology, engineering, mathematics or a health profession, or (2) in a 2248 |
---|
3111 | 3111 | | teacher preparation program, as defined in section 10-10a of the 2249 |
---|
3112 | 3112 | | general statutes, and whose subject area major is in science, 2250 |
---|
3113 | 3113 | | technology, engineering or mathematics. 2251 |
---|
3114 | 3114 | | (b) Each scholarship awarded under subsection (a) of this section 2252 |
---|
3115 | 3115 | | shall be in the amount of five thousand dollars annually and may be 2253 |
---|
3116 | 3116 | | awarded for up to a four-year period, provided a scholarship recipient 2254 |
---|
3117 | 3117 | | remains eligible for such scholarship in accordance with the standards 2255 |
---|
3118 | 3118 | | established by the Office of Higher Education under subsection (c) of 2256 |
---|
3119 | 3119 | | this section. 2257 |
---|
3120 | 3120 | | (c) The Office of Higher Education shall establish (1) (A) the specific 2258 |
---|
3121 | 3121 | | fields or majors for which a scholarship may be awarded, or (B) 2259 |
---|
3122 | 3122 | | specific standards to determine whether a field or major is eligible for 2260 |
---|
3123 | 3123 | | an enrollee to be considered for a scholarship under subsection (a) of 2261 |
---|
3124 | 3124 | | this section, (2) eligibility standards for applicants, including, but not 2262 |
---|
3125 | 3125 | | limited to, any minimum grade point averages required, (3) standards 2263 |
---|
3126 | 3126 | | for scholarship recipients to remain eligible for such scholarship while 2264 |
---|
3127 | 3127 | | enrolled, including, but not limited to, any minimum grade point 2265 |
---|
3128 | 3128 | | averages required, (4) an application form and any additional 2266 |
---|
3129 | 3129 | | information said office deems necessary to evaluate an application, (5) 2267 |
---|
3130 | 3130 | | the deadlines for applications to be submitted and for final decisions to 2268 |
---|
3131 | 3131 | | be issued by said office, and (6) any other criteria said office deems 2269 |
---|
3132 | 3132 | | necessary to decide scholarship award recipients under this section. 2270 |
---|
3133 | 3133 | | Said office shall post information about the STEM scholarship program 2271 |
---|
3134 | 3134 | | on its Internet web site, including, at a minimum, the requirements 2272 |
---|
3135 | 3135 | | Raised Bill No. 7410 |
---|
3136 | 3136 | | |
---|
3137 | 3137 | | |
---|
3138 | 3138 | | |
---|
3139 | 3139 | | LCO No. 6787 84 of 88 |
---|
3140 | 3140 | | |
---|
3141 | 3141 | | established under this subsection. 2273 |
---|
3142 | 3142 | | (d) Not later than July 31, 2021, and each year thereafter that 2274 |
---|
3143 | 3143 | | scholarships under this section are awarded, the executive director of 2275 |
---|
3144 | 3144 | | the Office of Higher Education shall submit a report, in accordance 2276 |
---|
3145 | 3145 | | with the provisions of section 11-4a of the general statutes, to the joint 2277 |
---|
3146 | 3146 | | standing committees of the General Assembly having cognizance of 2278 |
---|
3147 | 3147 | | matters relating to higher education, labor and bonding, that includes, 2279 |
---|
3148 | 3148 | | but is not limited to, (1) the number of scholarships awarded in the 2280 |
---|
3149 | 3149 | | preceding year to enrollees described in subparagraph (A) of 2281 |
---|
3150 | 3150 | | subdivision (1) of subsection (c) of this section and to enrollees 2282 |
---|
3151 | 3151 | | described in subparagraph (B) of said subdivision, (2) the specific 2283 |
---|
3152 | 3152 | | institutions of higher education that recipients of scholarship awards 2284 |
---|
3153 | 3153 | | in the preceding year are attending, and (3) the fields or majors in 2285 |
---|
3154 | 3154 | | which recipients of scholarship awards in the preceding year are 2286 |
---|
3155 | 3155 | | enrolled. 2287 |
---|
3156 | 3156 | | Sec. 35. Section 10a-1d of the general statutes is repealed and the 2288 |
---|
3157 | 3157 | | following is substituted in lieu thereof (Effective July 1, 2019): 2289 |
---|
3158 | 3158 | | (a) There is established an Office of Higher Education. The Office of 2290 |
---|
3159 | 3159 | | Higher Education shall administer the programs set forth in sections 2291 |
---|
3160 | 3160 | | 10-155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-19g, 10a-34 to 10a-34f, 2292 |
---|
3161 | 3161 | | inclusive, 10a-35, 10a-166, 10a-168a, 10a-169a, 10a-169b, [and] 10a-173 2293 |
---|
3162 | 3162 | | and section 34 of this act. The Office of Higher Education shall be 2294 |
---|
3163 | 3163 | | responsible for approving any action taken pursuant to sections 10a-34 2295 |
---|
3164 | 3164 | | to 10a-34f, inclusive. 2296 |
---|
3165 | 3165 | | (b) The Governor shall appoint an executive director of the Office of 2297 |
---|
3166 | 3166 | | Higher Education in accordance with the provisions of sections 4-5 to 2298 |
---|
3167 | 3167 | | 4-8, inclusive. The executive director shall have the responsibility for 2299 |
---|
3168 | 3168 | | implementing the policies and directives of the office and shall have 2300 |
---|
3169 | 3169 | | additional responsibilities as the board may prescribe. 2301 |
---|
3170 | 3170 | | Sec. 36. Section 12-407e of the general statutes is repealed. (Effective 2302 |
---|
3171 | 3171 | | July 1, 2019) 2303 |
---|
3172 | 3172 | | Raised Bill No. 7410 |
---|
3173 | 3173 | | |
---|
3174 | 3174 | | |
---|
3175 | 3175 | | |
---|
3176 | 3176 | | LCO No. 6787 85 of 88 |
---|
3177 | 3177 | | |
---|
3178 | 3178 | | Sec. 37. Subdivisions (91), (102), (108), (109) and (114) of section 12-2304 |
---|
3179 | 3179 | | 412 of the general statutes are repealed. (Effective January 1, 2020) 2305 |
---|
3180 | 3180 | | This act shall take effect as follows and shall amend the following |
---|
3181 | 3181 | | sections: |
---|
3182 | 3182 | | |
---|
3183 | 3183 | | Section 1 January 1, 2020, and |
---|
3184 | 3184 | | applicable to sales |
---|
3185 | 3185 | | occurring on or after |
---|
3186 | 3186 | | January 1, 2020 |
---|
3187 | 3187 | | 12-408(1) |
---|
3188 | 3188 | | Sec. 2 July 1, 2019, and |
---|
3189 | 3189 | | applicable to sales |
---|
3190 | 3190 | | occurring on or after July |
---|
3191 | 3191 | | 1, 2019 |
---|
3192 | 3192 | | 12-411(1) |
---|
3193 | 3193 | | Sec. 3 January 1, 2020, and |
---|
3194 | 3194 | | applicable to sales |
---|
3195 | 3195 | | occurring on or after |
---|
3196 | 3196 | | January 1, 2020 |
---|
3197 | 3197 | | 12-407(a)(13) |
---|
3198 | 3198 | | Sec. 4 January 1, 2020, and |
---|
3199 | 3199 | | applicable to sales |
---|
3200 | 3200 | | occurring on or after |
---|
3201 | 3201 | | January 1, 2020 |
---|
3202 | 3202 | | 12-407(a) |
---|
3203 | 3203 | | Sec. 5 January 1, 2020, and |
---|
3204 | 3204 | | applicable to sales |
---|
3205 | 3205 | | occurring on or after |
---|
3206 | 3206 | | January 1, 2020 |
---|
3207 | 3207 | | 12-407(a)(37) |
---|
3208 | 3208 | | Sec. 6 January 1, 2020, and |
---|
3209 | 3209 | | applicable to sales |
---|
3210 | 3210 | | occurring on or after |
---|
3211 | 3211 | | January 1, 2020 |
---|
3212 | 3212 | | 12-412 |
---|
3213 | 3213 | | Sec. 7 January 1, 2020, and |
---|
3214 | 3214 | | applicable to sales |
---|
3215 | 3215 | | occurring on or after |
---|
3216 | 3216 | | January 1, 2020 |
---|
3217 | 3217 | | 12-412(120) |
---|
3218 | 3218 | | Sec. 8 January 1, 2020, and |
---|
3219 | 3219 | | applicable to sales |
---|
3220 | 3220 | | occurring on or after |
---|
3221 | 3221 | | January 1, 2020 |
---|
3222 | 3222 | | 12-407(a)(2)(H) |
---|
3223 | 3223 | | Raised Bill No. 7410 |
---|
3224 | 3224 | | |
---|
3225 | 3225 | | |
---|
3226 | 3226 | | |
---|
3227 | 3227 | | LCO No. 6787 86 of 88 |
---|
3228 | 3228 | | |
---|
3229 | 3229 | | Sec. 9 January 1, 2020, and |
---|
3230 | 3230 | | applicable to sales |
---|
3231 | 3231 | | occurring on or after |
---|
3232 | 3232 | | January 1, 2020 |
---|
3233 | 3233 | | 12-407(a)(3)(A) |
---|
3234 | 3234 | | Sec. 10 January 1, 2020, and |
---|
3235 | 3235 | | applicable to sales |
---|
3236 | 3236 | | occurring on or after |
---|
3237 | 3237 | | January 1, 2020 |
---|
3238 | 3238 | | 12-407(a)(7) |
---|
3239 | 3239 | | Sec. 11 January 1, 2020, and |
---|
3240 | 3240 | | applicable to sales |
---|
3241 | 3241 | | occurring on or after |
---|
3242 | 3242 | | January 1, 2020 |
---|
3243 | 3243 | | 12-407(a)(8)(A) |
---|
3244 | 3244 | | Sec. 12 January 1, 2020, and |
---|
3245 | 3245 | | applicable to sales |
---|
3246 | 3246 | | occurring on or after |
---|
3247 | 3247 | | January 1, 2020 |
---|
3248 | 3248 | | 12-407(a)(9)(A) |
---|
3249 | 3249 | | Sec. 13 January 1, 2020, and |
---|
3250 | 3250 | | applicable to sales |
---|
3251 | 3251 | | occurring on or after |
---|
3252 | 3252 | | January 1, 2020 |
---|
3253 | 3253 | | 12-407(a)(15)(A) |
---|
3254 | 3254 | | Sec. 14 January 1, 2020, and |
---|
3255 | 3255 | | applicable to sales |
---|
3256 | 3256 | | occurring on or after |
---|
3257 | 3257 | | January 1, 2020 |
---|
3258 | 3258 | | 12-407(a)(18) and (19) |
---|
3259 | 3259 | | Sec. 15 from passage and |
---|
3260 | 3260 | | applicable to gifts made on |
---|
3261 | 3261 | | or after January 1, 2019 |
---|
3262 | 3262 | | 12-640 |
---|
3263 | 3263 | | Sec. 16 from passage 12-642 |
---|
3264 | 3264 | | Sec. 17 from passage and |
---|
3265 | 3265 | | applicable to estates of |
---|
3266 | 3266 | | decedents dying on or after |
---|
3267 | 3267 | | January 1, 2019 |
---|
3268 | 3268 | | 12-643(3) |
---|
3269 | 3269 | | Sec. 18 from passage and |
---|
3270 | 3270 | | applicable to decedents |
---|
3271 | 3271 | | dying on or after January |
---|
3272 | 3272 | | 1, 2019 |
---|
3273 | 3273 | | 12-391 |
---|
3274 | 3274 | | Sec. 19 from passage and |
---|
3275 | 3275 | | applicable to decedents |
---|
3276 | 3276 | | dying on or after January |
---|
3277 | 3277 | | 1, 2019 |
---|
3278 | 3278 | | 12-392 |
---|
3279 | 3279 | | Sec. 20 from passage 45a-107(b) |
---|
3280 | 3280 | | Raised Bill No. 7410 |
---|
3281 | 3281 | | |
---|
3282 | 3282 | | |
---|
3283 | 3283 | | |
---|
3284 | 3284 | | LCO No. 6787 87 of 88 |
---|
3285 | 3285 | | |
---|
3286 | 3286 | | Sec. 21 October 1, 2019, and |
---|
3287 | 3287 | | applicable to assessment |
---|
3288 | 3288 | | years commencing on or |
---|
3289 | 3289 | | after October 1, 2019 |
---|
3290 | 3290 | | 12-81(79) |
---|
3291 | 3291 | | Sec. 22 from passage and |
---|
3292 | 3292 | | applicable to taxable years |
---|
3293 | 3293 | | commencing on or after |
---|
3294 | 3294 | | January 1, 2019 |
---|
3295 | 3295 | | 12-284b(b) |
---|
3296 | 3296 | | Sec. 23 from passage and |
---|
3297 | 3297 | | applicable to taxable years |
---|
3298 | 3298 | | commencing on or after |
---|
3299 | 3299 | | January 1, 2019 |
---|
3300 | 3300 | | 12-217jj(e)(2) |
---|
3301 | 3301 | | Sec. 24 from passage and |
---|
3302 | 3302 | | applicable to income years |
---|
3303 | 3303 | | commencing on or after |
---|
3304 | 3304 | | January 1, 2019 |
---|
3305 | 3305 | | 12-217zz(a) |
---|
3306 | 3306 | | Sec. 25 from passage and |
---|
3307 | 3307 | | applicable to quarterly |
---|
3308 | 3308 | | periods commencing on or |
---|
3309 | 3309 | | after July 1, 2019 |
---|
3310 | 3310 | | New section |
---|
3311 | 3311 | | Sec. 26 from passage and |
---|
3312 | 3312 | | applicable to quarterly |
---|
3313 | 3313 | | periods commencing on or |
---|
3314 | 3314 | | after July 1, 2019 |
---|
3315 | 3315 | | New section |
---|
3316 | 3316 | | Sec. 27 from passage and |
---|
3317 | 3317 | | applicable to quarterly |
---|
3318 | 3318 | | periods commencing on or |
---|
3319 | 3319 | | after July 1, 2019 |
---|
3320 | 3320 | | New section |
---|
3321 | 3321 | | Sec. 28 July 1, 2019 12-217(a) |
---|
3322 | 3322 | | Sec. 29 from passage 12-219 |
---|
3323 | 3323 | | Sec. 30 from passage 12-217ee(a) |
---|
3324 | 3324 | | Sec. 31 from passage 12-223c |
---|
3325 | 3325 | | Sec. 32 from passage New section |
---|
3326 | 3326 | | Sec. 33 July 1, 2019 New section |
---|
3327 | 3327 | | Sec. 34 July 1, 2019 New section |
---|
3328 | 3328 | | Sec. 35 July 1, 2019 10a-1d |
---|
3329 | 3329 | | Sec. 36 July 1, 2019 Repealer section |
---|
3330 | 3330 | | Sec. 37 January 1, 2020 Repealer section |
---|
3331 | 3331 | | Raised Bill No. 7410 |
---|
3332 | 3332 | | |
---|
3333 | 3333 | | |
---|
3334 | 3334 | | |
---|
3335 | 3335 | | LCO No. 6787 88 of 88 |
---|
3336 | 3336 | | |
---|
3337 | 3337 | | |
---|
3338 | 3338 | | Statement of Purpose: |
---|
3339 | 3339 | | To implement certain tax recommendations of the Commission on |
---|
3340 | 3340 | | Economic Fiscal Stability and Economic Growth. |
---|
3341 | 3341 | | |
---|
3342 | 3342 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
---|
3343 | 3343 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
---|
3344 | 3344 | | not underlined.] |
---|
3345 | 3345 | | |
---|