LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00435-R02- SB.docx 1 of 3 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00435- R02-SB.docx } 2 of 3 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00435- R02-SB.docx } 3 of 3 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.