Connecticut 2019 Regular Session

Connecticut Senate Bill SB00435 Latest Draft

Bill / Comm Sub Version Filed 04/01/2019

                             
 
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General Assembly  Substitute Bill No. 435  
January Session, 2019 
 
 
 
 
AN ACT ESTABLISHING A TAX CREDIT FOR EMPLOYERS MAKING 
EDUCATION LOAN PAYME NTS FOR EMPLOYEES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective January 1, 2020, and applicable to taxable 1 
years commencing on or after January 1, 2020) (a) As used in this section: 2 
(1) "Qualified employee" means an employee who (A) is required to 3 
work at least thirty-five hours per week, (B) is a resident of the state, 4 
and (C) is not an owner, member or partner of a qualified employer or 5 
a family member of an owner, member or partner of a qualified 6 
employer; 7 
(2) "Qualified employer" means a corporation licensed to operate a 8 
business in the state that employs a qualified employee and is subject 9 
to tax under chapter 207 or 208 of the general statutes; and  10 
(3) "Eligible education loan" means a loan made by the Connecticut 11 
Higher Education Supplemental Loan Authority or by any other 12 
private or governmental lender to a qualified employee to finance 13 
attendance at a private occupational school or a public or independent 14 
institution of higher education in the state. "Eligible education loan" 15 
does not include a refinanced or consolidated loan, unless the 16 
refinanced or consolidated loan is made by the Connecticut Higher 17 
Education Supplemental Loan Authority. 18  Substitute Bill No. 435 
 
 
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(b) (1) Commencing January 1, 2020, and in each taxable year 19 
thereafter, any qualified employer that employs a qualified employee 20 
and makes loan payments directly to a lender on an eligible education 21 
loan on behalf of the qualified employee may claim a credit against the 22 
tax imposed under chapter 207 or 208 of the general statutes. Such 23 
credit shall be equal to fifty per cent of the amount of the monthly loan 24 
payment made by such employer on the eligible education loan, 25 
multiplied by the number of months during the taxable year (A) such 26 
employer made such loan payments, and (B) the qualified employee 27 
was employed by such employer. No qualified employer may claim a 28 
credit against the tax imposed under both chapters 207 and 208 of the 29 
general statutes for the same loan payment amount. 30 
(2) A qualified employer may claim a credit under this subsection 31 
for a loan payment made to a lender on an eligible education loan, 32 
during the part of the taxable year that the qualified employee worked 33 
and resided in the state, provided a qualified employee who worked 34 
and resided in the state for any part of a month shall be deemed to 35 
have worked and resided in the state for the entire month for the 36 
purposes of this section. 37 
(3) A qualified employer may not claim a credit under this 38 
subsection (A) for a loan payment made during any month of the 39 
taxable year during which the employee was not a qualified employee, 40 
(B) for loan payments in excess of the amounts due on the eligible 41 
education loan during the taxable year, or (C) for more than thirty-six 42 
months of loan payments made on behalf of any qualified employee. 43 
(c) A qualified employer that claims the credit under subsection (b) 44 
of this section shall provide any documentation required by the 45 
Commissioner of Revenue Services in a form and manner prescribed 46 
by the commissioner. 47 
This act shall take effect as follows and shall amend the following 
sections: 
  Substitute Bill No. 435 
 
 
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Section 1 January 1, 2020, and 
applicable to taxable years 
commencing on or after 
January 1, 2020 
New section 
 
Statement of Legislative Commissioners:   
In Subsec. (b)(1), "or lenders" was deleted for conciseness, "on behalf of 
the qualified employee", "both" and Subpara. designators were added 
for clarity; in Subsec. (b)(2), "loan payments", "loans" and "loan 
payment amounts" were made singular for consistency with the style 
of the general statutes, "actually", "relevant", "or lenders only with 
respect to" and the Subpara. designators were deleted for conciseness, 
"and resided" was added for accuracy and "for the purposes of this 
section" was added for clarity; in Subsec. (b)(3), "with respect to 
months" was changed to "for a loan payment made during any month" 
for clarity, "on the eligible education loan" was added for clarity and 
"with respect to any specific" was changed to "of loan payments made 
on behalf of any" for clarity. 
 
HED Joint Favorable Subst.