714 | | - | (b) The tax imposed by section 12-640, as amended by this act, shall 412 |
---|
715 | | - | be paid by the donor. If the gift tax is not paid when due the donee of 413 |
---|
716 | | - | any gift shall be personally liable for the tax to the extent of the value 414 |
---|
717 | | - | of the gift. 415 |
---|
718 | | - | (c) [(1)] With respect to Connecticut taxable gifts, as defined in 416 |
---|
719 | | - | section 12-643, as amended by this act, made by a donor during a 417 |
---|
720 | | - | calendar year commencing on or after January 1, 2016, but prior to 418 |
---|
721 | | - | January 1, 2019, the aggregate amount of tax imposed by section 12-419 |
---|
722 | | - | 640, as amended by this act, for all calendar years commencing on or 420 |
---|
723 | | - | after January 1, 2016, shall not exceed twenty million dollars. 421 |
---|
724 | | - | [(2) With respect to Connecticut taxable gifts, as defined in section 422 |
---|
725 | | - | 12-643, made by a donor during a calendar year commencing on or 423 |
---|
726 | | - | after January 1, 2019, the aggregate amount of tax imposed by section 424 |
---|
727 | | - | 12-640 for all calendar years commencing on or after January 1, 2016, 425 |
---|
728 | | - | shall not exceed fifteen million dollars.] 426 |
---|
729 | | - | Sec. 6. Subdivision (3) of section 12-643 of the general statutes is 427 Substitute Bill No. 877 |
---|
730 | | - | |
---|
731 | | - | |
---|
732 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
733 | | - | R01-SB.docx } |
---|
734 | | - | 20 of 104 |
---|
735 | | - | |
---|
736 | | - | repealed and the following is substituted in lieu thereof (Effective from 428 |
---|
737 | | - | passage and applicable to estates of decedents dying on or after January 1, 429 |
---|
738 | | - | 2019): 430 |
---|
739 | | - | (3) "Connecticut taxable gifts" means taxable gifts made during a 431 |
---|
740 | | - | calendar year commencing on or after January 1, 2005, but prior to 432 |
---|
741 | | - | January 1, 2019, that are, (A) for residents of this state, taxable gifts, 433 |
---|
742 | | - | wherever located, but excepting gifts of real estate or tangible personal 434 |
---|
743 | | - | property located outside this state, and (B) for nonresidents of this 435 |
---|
744 | | - | state, gifts of real estate or tangible personal property located within 436 |
---|
745 | | - | this state. 437 |
---|
746 | | - | Sec. 7. Subsections (c) to (e), inclusive, of section 12-391 of the 438 |
---|
747 | | - | general statutes are repealed and the following is substituted in lieu 439 |
---|
748 | | - | thereof (Effective from passage and applicable to estates of decedents dying on 440 |
---|
749 | | - | or after January 1, 2019): 441 |
---|
750 | | - | (c) For purposes of this section and section 12-392, as amended by 442 |
---|
751 | | - | this act: 443 |
---|
752 | | - | (1) (A) "Connecticut taxable estate" means, with respect to the 444 |
---|
753 | | - | estates of decedents dying on or after January 1, 2005, but prior to 445 |
---|
754 | | - | January 1, 2010, (i) the gross estate less allowable deductions, as 446 |
---|
755 | | - | determined under Chapter 11 of the Internal Revenue Code, plus (ii) 447 |
---|
756 | | - | the aggregate amount of all Connecticut taxable gifts, as defined in 448 |
---|
757 | | - | section 12-643, as amended by this act, made by the decedent for all 449 |
---|
758 | | - | calendar years beginning on or after January 1, 2005, but prior to 450 |
---|
759 | | - | January 1, 2010. The deduction for state death taxes paid under Section 451 |
---|
760 | | - | 2058 of said code shall be disregarded. 452 |
---|
761 | | - | (B) "Connecticut taxable estate" means, with respect to the estates of 453 |
---|
762 | | - | decedents dying on or after January 1, 2010, but prior to January 1, 454 |
---|
763 | | - | 2015, (i) the gross estate less allowable deductions, as determined 455 |
---|
764 | | - | under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 456 |
---|
765 | | - | amount of all Connecticut taxable gifts, as defined in section 12-643, as 457 |
---|
766 | | - | amended by this act, made by the decedent for all calendar years 458 Substitute Bill No. 877 |
---|
767 | | - | |
---|
768 | | - | |
---|
769 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
770 | | - | R01-SB.docx } |
---|
771 | | - | 21 of 104 |
---|
772 | | - | |
---|
773 | | - | beginning on or after January 1, 2005, but prior to January 1, 2015. The 459 |
---|
774 | | - | deduction for state death taxes paid under Section 2058 of said code 460 |
---|
775 | | - | shall be disregarded. 461 |
---|
776 | | - | (C) "Connecticut taxable estate" means, with respect to the estates of 462 |
---|
777 | | - | decedents dying on or after January 1, 2015, but prior to January 1, 463 |
---|
778 | | - | 2019, (i) the gross estate less allowable deductions, as determined 464 |
---|
779 | | - | under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 465 |
---|
780 | | - | amount of all Connecticut taxable gifts, as defined in section 12-643, as 466 |
---|
781 | | - | amended by this act, made by the decedent for all calendar years 467 |
---|
782 | | - | beginning on or after January 1, 2005, but prior to January 1, 2019, 468 |
---|
783 | | - | other than Connecticut taxable gifts that are includable in the gross 469 |
---|
784 | | - | estate for federal estate tax purposes of the decedent, plus (iii) the 470 |
---|
785 | | - | amount of any tax paid to this state pursuant to section 12-642, as 471 |
---|
786 | | - | amended by this act, by the decedent or the decedent's estate on any 472 |
---|
787 | | - | gift made by the decedent or the decedent's spouse during the three-473 |
---|
788 | | - | year period preceding the date of the decedent's death. The deduction 474 |
---|
789 | | - | for state death taxes paid under Section 2058 of the Internal Revenue 475 |
---|
790 | | - | Code shall be disregarded. 476 |
---|
791 | | - | (D) "Connecticut taxable estate" means, with respect to the estates of 477 |
---|
792 | | - | decedents dying on or after January 1, 2019, (i) the gross estate less 478 |
---|
793 | | - | allowable deductions, as determined under Chapter 11 of the Internal 479 |
---|
794 | | - | Revenue Code, plus (ii) the aggregate amount of all taxable gifts, as 480 |
---|
795 | | - | defined in section 12-643, as amended by this act, made by the 481 |
---|
796 | | - | decedent for all calendar years beginning on or after January 1, 2005, 482 |
---|
797 | | - | but prior to January 1, 2019, other than Connecticut taxable gifts that 483 |
---|
798 | | - | are includable in the gross estate for federal tax purposes of the 484 |
---|
799 | | - | decedent, plus (iii) the amount of any tax paid to this state pursuant to 485 |
---|
800 | | - | section 12-642, as amended by this act, by the decedent or the 486 |
---|
801 | | - | decedent's estate on any gift made by the decedent or the decedent's 487 |
---|
802 | | - | spouse during the three-year period preceding the date of the 488 |
---|
803 | | - | decedent's death, plus (iv) the amount of any taxable gift, as defined in 489 |
---|
804 | | - | Section 2503 of the Internal Revenue Code, excluding any taxable gift 490 |
---|
805 | | - | made when the decedent was a nonresident or that is real property or 491 Substitute Bill No. 877 |
---|
806 | | - | |
---|
807 | | - | |
---|
808 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
809 | | - | R01-SB.docx } |
---|
810 | | - | 22 of 104 |
---|
811 | | - | |
---|
812 | | - | tangible personal property having an actual situs outside this state at 492 |
---|
813 | | - | the time the gift was made, that is (I) made on or after January 1, 2019, 493 |
---|
814 | | - | (II) not otherwise included in the decedent's gross estate, and (III) 494 |
---|
815 | | - | made during the three-year period preceding the date of the decedent's 495 |
---|
816 | | - | death. The deduction for state death taxes paid under Section 2058 of 496 |
---|
817 | | - | the Internal Revenue Code shall be disregarded. 497 |
---|
818 | | - | (2) "Internal Revenue Code" means the Internal Revenue Code of 498 |
---|
819 | | - | 1986, or any subsequent corresponding internal revenue code of the 499 |
---|
820 | | - | United States, as amended from time to time, except in the event of 500 |
---|
821 | | - | repeal of the federal estate tax, then all references to the Internal 501 |
---|
822 | | - | Revenue Code in this section shall mean the Internal Revenue Code as 502 |
---|
823 | | - | in force on the day prior to the effective date of such repeal. 503 |
---|
824 | | - | (3) "Gross estate" means the gross estate, for federal estate tax 504 |
---|
825 | | - | purposes. 505 |
---|
826 | | - | (4) "Federal basic exclusion amount" means the dollar amount 506 |
---|
827 | | - | published annually by the Internal Revenue Service at which a 507 |
---|
828 | | - | decedent would be required to file a federal estate tax return based on 508 |
---|
829 | | - | the value of the decedent's gross estate and federally taxable gifts. 509 |
---|
830 | | - | (d) (1) (A) With respect to the estates of decedents who die on or 510 |
---|
831 | | - | after January 1, 2005, but prior to January 1, 2010, a tax is imposed 511 |
---|
832 | | - | upon the transfer of the estate of each person who at the time of death 512 |
---|
833 | | - | was a resident of this state. The amount of the tax shall be determined 513 |
---|
834 | | - | using the schedule in subsection (g) of this section. A credit shall be 514 |
---|
835 | | - | allowed against such tax for any taxes paid to this state pursuant to 515 |
---|
836 | | - | section 12-642, as amended by this act, for Connecticut taxable gifts 516 |
---|
837 | | - | made on or after January 1, 2005, but prior to January 1, 2010. 517 |
---|
838 | | - | (B) With respect to the estates of decedents who die on or after 518 |
---|
839 | | - | January 1, 2010, but prior to January 1, 2015, a tax is imposed upon the 519 |
---|
840 | | - | transfer of the estate of each person who at the time of death was a 520 |
---|
841 | | - | resident of this state. The amount of the tax shall be determined using 521 |
---|
842 | | - | the schedule in subsection (g) of this section. A credit shall be allowed 522 Substitute Bill No. 877 |
---|
843 | | - | |
---|
844 | | - | |
---|
845 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
846 | | - | R01-SB.docx } |
---|
847 | | - | 23 of 104 |
---|
848 | | - | |
---|
849 | | - | against such tax for any taxes paid to this state pursuant to section 12-523 |
---|
850 | | - | 642, as amended by this act, for Connecticut taxable gifts made on or 524 |
---|
851 | | - | after January 1, 2005, but prior to January 1, 2015, provided such credit 525 |
---|
852 | | - | shall not exceed the amount of tax imposed by this section. 526 |
---|
853 | | - | (C) With respect to the estates of decedents who die on or after 527 |
---|
854 | | - | January 1, 2015, but prior to January 1, 2016, a tax is imposed upon the 528 |
---|
855 | | - | transfer of the estate of each person who at the time of death was a 529 |
---|
856 | | - | resident of this state. The amount of the tax shall be determined using 530 |
---|
857 | | - | the schedule in subsection (g) of this section. A credit shall be allowed 531 |
---|
858 | | - | against such tax for (i) any taxes paid to this state pursuant to section 532 |
---|
859 | | - | 12-642, as amended by this act, by the decedent or the decedent's estate 533 |
---|
860 | | - | for Connecticut taxable gifts made on or after January 1, 2005, but prior 534 |
---|
861 | | - | to January 1, 2016, and (ii) any taxes paid by the decedent's spouse to 535 |
---|
862 | | - | this state pursuant to section 12-642, as amended by this act, for 536 |
---|
863 | | - | Connecticut taxable gifts made by the decedent on or after January 1, 537 |
---|
864 | | - | 2005, but prior to January 1, 2016, that are includable in the gross estate 538 |
---|
865 | | - | of the decedent, provided such credit shall not exceed the amount of 539 |
---|
866 | | - | tax imposed by this section. 540 |
---|
867 | | - | (D) With respect to the estates of decedents who die on or after 541 |
---|
868 | | - | January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 542 |
---|
869 | | - | transfer of the estate of each person who at the time of death was a 543 |
---|
870 | | - | resident of this state. The amount of the tax shall be determined using 544 |
---|
871 | | - | the schedule in subsection (g) of this section. A credit shall be allowed 545 |
---|
872 | | - | against such tax for (i) any taxes paid to this state pursuant to section 546 |
---|
873 | | - | 12-642, as amended by this act, by the decedent or the decedent's estate 547 |
---|
874 | | - | for Connecticut taxable gifts made on or after January 1, 2005, but prior 548 |
---|
875 | | - | to January 1, 2019, and (ii) any taxes paid by the decedent's spouse to 549 |
---|
876 | | - | this state pursuant to section 12-642, as amended by this act, for 550 |
---|
877 | | - | Connecticut taxable gifts made by the decedent on or after January 1, 551 |
---|
878 | | - | 2005, but prior to January 1, 2019, that are includable in the gross estate 552 |
---|
879 | | - | of the decedent, provided such credit shall not exceed the amount of 553 |
---|
880 | | - | tax imposed by this section. In no event shall the amount of tax 554 |
---|
881 | | - | payable under this section exceed twenty million dollars. Such twenty-555 Substitute Bill No. 877 |
---|
882 | | - | |
---|
883 | | - | |
---|
884 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
885 | | - | R01-SB.docx } |
---|
886 | | - | 24 of 104 |
---|
887 | | - | |
---|
888 | | - | million-dollar limit shall be reduced by the amount of (I) any taxes 556 |
---|
889 | | - | paid to this state pursuant to section 12-642, as amended by this act, by 557 |
---|
890 | | - | the decedent or the decedent's estate for Connecticut taxable gifts 558 |
---|
891 | | - | made on or after January 1, 2016, but prior to January 1, 2019, and (II) 559 |
---|
892 | | - | any taxes paid by the decedent's spouse to this state pursuant to 560 |
---|
893 | | - | section 12-642, as amended by this act, for Connecticut taxable gifts 561 |
---|
894 | | - | made by the decedent on or after January 1, 2016, but prior to January 562 |
---|
895 | | - | 1, 2019, that are includable in the gross estate of the decedent, but in no 563 |
---|
896 | | - | event shall the amount be reduced below zero. 564 |
---|
897 | | - | (E) With respect to the estates of decedents who die on or after 565 |
---|
898 | | - | January 1, 2019, a tax is imposed upon the transfer of the estate of each 566 |
---|
899 | | - | person who at the time of death was a resident of this state. The 567 |
---|
900 | | - | amount of the tax shall be determined using the schedule in subsection 568 |
---|
901 | | - | (g) of this section. A credit shall be allowed against such tax for (i) any 569 |
---|
902 | | - | taxes paid to this state pursuant to section 12-642, as amended by this 570 |
---|
903 | | - | act, by the decedent or the decedent's estate for Connecticut taxable 571 |
---|
904 | | - | gifts made on or after January 1, 2005, and (ii) any taxes paid by the 572 |
---|
905 | | - | decedent's spouse to this state pursuant to section 12-642, as amended 573 |
---|
906 | | - | by this act, for Connecticut taxable gifts made by the decedent on or 574 |
---|
907 | | - | after January 1, 2005, that are includable in the gross estate of the 575 |
---|
908 | | - | decedent, provided such credit shall not exceed the amount of tax 576 |
---|
909 | | - | imposed by this section. In no event shall the amount of tax payable 577 |
---|
910 | | - | under this section exceed fifteen million dollars. Such fifteen-million-578 |
---|
911 | | - | dollar limit shall be reduced by the amount of (I) any taxes paid to this 579 |
---|
912 | | - | state pursuant to section 12-642, as amended by this act, by the 580 |
---|
913 | | - | decedent or the decedent's estate for Connecticut taxable gifts made on 581 |
---|
914 | | - | or after January 1, 2016, and (II) any taxes paid by the decedent's 582 |
---|
915 | | - | spouse to this state pursuant to section 12-642, as amended by this act, 583 |
---|
916 | | - | for Connecticut taxable gifts made by the decedent on or after January 584 |
---|
917 | | - | 1, 2016, that are includable in the gross estate of the decedent, but in no 585 |
---|
918 | | - | event shall the amount be reduced below zero. 586 |
---|
919 | | - | (2) If real or tangible personal property of such decedent is located 587 |
---|
920 | | - | outside this state, the amount of tax due under this section shall be 588 Substitute Bill No. 877 |
---|
921 | | - | |
---|
922 | | - | |
---|
923 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
924 | | - | R01-SB.docx } |
---|
925 | | - | 25 of 104 |
---|
926 | | - | |
---|
927 | | - | reduced by an amount computed by multiplying the tax otherwise due 589 |
---|
928 | | - | pursuant to subdivision (1) of this subsection, without regard to the 590 |
---|
929 | | - | credit allowed for any taxes paid to this state pursuant to section 12-591 |
---|
930 | | - | 642, as amended by this act, by a fraction, (A) the numerator of which 592 |
---|
931 | | - | is the value of that part of the decedent's gross estate attributable to 593 |
---|
932 | | - | real or tangible personal property located outside of the state, and (B) 594 |
---|
933 | | - | the denominator of which is the value of the decedent's gross estate. 595 |
---|
934 | | - | (3) For a resident estate, the state shall have the power to levy the 596 |
---|
935 | | - | estate tax upon real property situated in this state, tangible personal 597 |
---|
936 | | - | property having an actual situs in this state and intangible personal 598 |
---|
937 | | - | property included in the gross estate of the decedent, regardless of 599 |
---|
938 | | - | where it is located. The state is permitted to calculate the estate tax and 600 |
---|
939 | | - | levy said tax to the fullest extent permitted by the Constitution of the 601 |
---|
940 | | - | United States. 602 |
---|
941 | | - | (e) (1) (A) With respect to the estates of decedents who die on or 603 |
---|
942 | | - | after January 1, 2005, but prior to January 1, 2010, a tax is imposed 604 |
---|
943 | | - | upon the transfer of the estate of each person who at the time of death 605 |
---|
944 | | - | was a nonresident of this state. The amount of such tax shall be 606 |
---|
945 | | - | computed by multiplying (i) the amount of tax determined using the 607 |
---|
946 | | - | schedule in subsection (g) of this section by (ii) a fraction, the 608 |
---|
947 | | - | numerator of which is the value of that part of the decedent's gross 609 |
---|
948 | | - | estate over which this state has jurisdiction for estate tax purposes, and 610 |
---|
949 | | - | the denominator of which is the value of the decedent's gross estate. A 611 |
---|
950 | | - | credit shall be allowed against such tax for any taxes paid to this state 612 |
---|
951 | | - | pursuant to section 12-642, as amended by this act, for Connecticut 613 |
---|
952 | | - | taxable gifts made on or after January 1, 2005, but prior to January 1, 614 |
---|
953 | | - | 2010. 615 |
---|
954 | | - | (B) With respect to the estates of decedents who die on or after 616 |
---|
955 | | - | January 1, 2010, but prior to January 1, 2016, a tax is imposed upon the 617 |
---|
956 | | - | transfer of the estate of each person who at the time of death was a 618 |
---|
957 | | - | nonresident of this state. The amount of such tax shall be computed by 619 |
---|
958 | | - | multiplying (i) the amount of tax determined using the schedule in 620 |
---|
959 | | - | subsection (g) of this section by (ii) a fraction, the numerator of which 621 Substitute Bill No. 877 |
---|
960 | | - | |
---|
961 | | - | |
---|
962 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
963 | | - | R01-SB.docx } |
---|
964 | | - | 26 of 104 |
---|
965 | | - | |
---|
966 | | - | is the value of that part of the decedent's gross estate over which this 622 |
---|
967 | | - | state has jurisdiction for estate tax purposes, and the denominator of 623 |
---|
968 | | - | which is the value of the decedent's gross estate. A credit shall be 624 |
---|
969 | | - | allowed against such tax for any taxes paid to this state pursuant to 625 |
---|
970 | | - | section 12-642, as amended by this act, for Connecticut taxable gifts 626 |
---|
971 | | - | made on or after January 1, 2005, but prior to January 1, 2016, provided 627 |
---|
972 | | - | such credit shall not exceed the amount of tax imposed by this section. 628 |
---|
973 | | - | (C) With respect to the estates of decedents who die on or after 629 |
---|
974 | | - | January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 630 |
---|
975 | | - | transfer of the estate of each person who at the time of death was a 631 |
---|
976 | | - | nonresident of this state. The amount of such tax shall be computed by 632 |
---|
977 | | - | multiplying (i) the amount of tax determined using the schedule in 633 |
---|
978 | | - | subsection (g) of this section by (ii) a fraction, the numerator of which 634 |
---|
979 | | - | is the value of that part of the decedent's gross estate over which this 635 |
---|
980 | | - | state has jurisdiction for estate tax purposes, and the denominator of 636 |
---|
981 | | - | which is the value of the decedent's gross estate. A credit shall be 637 |
---|
982 | | - | allowed against such tax for any taxes paid to this state pursuant to 638 |
---|
983 | | - | section 12-642, as amended by this act, for Connecticut taxable gifts 639 |
---|
984 | | - | made on or after January 1, 2005, but prior to January 1, 2019, provided 640 |
---|
985 | | - | such credit shall not exceed the amount of tax imposed by this section. 641 |
---|
986 | | - | In no event shall the amount of tax payable under this section exceed 642 |
---|
987 | | - | twenty million dollars. Such twenty-million-dollar limit shall be 643 |
---|
988 | | - | reduced by the amount of (I) any taxes paid to this state pursuant to 644 |
---|
989 | | - | section 12-642, as amended by this act, by the decedent or the 645 |
---|
990 | | - | decedent's estate for Connecticut taxable gifts made on or after January 646 |
---|
991 | | - | 1, 2016, but prior to January 1, 2019, and (II) any taxes paid by the 647 |
---|
992 | | - | decedent's spouse to this state pursuant to section 12-642, as amended 648 |
---|
993 | | - | by this act, for Connecticut taxable gifts made by the decedent on or 649 |
---|
994 | | - | after January 1, 2016, but prior to January 1, 2019, that are includable in 650 |
---|
995 | | - | the gross estate of the decedent, but in no event shall the amount be 651 |
---|
996 | | - | reduced below zero. 652 |
---|
997 | | - | (D) With respect to the estates of decedents who die on or after 653 |
---|
998 | | - | January 1, 2019, a tax is imposed upon the transfer of the estate of each 654 Substitute Bill No. 877 |
---|
999 | | - | |
---|
1000 | | - | |
---|
1001 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1002 | | - | R01-SB.docx } |
---|
1003 | | - | 27 of 104 |
---|
1004 | | - | |
---|
1005 | | - | person who at the time of death was a nonresident of this state. The 655 |
---|
1006 | | - | amount of such tax shall be computed by multiplying the amount of 656 |
---|
1007 | | - | tax determined using the schedule in subsection (g) of this section by a 657 |
---|
1008 | | - | fraction, the numerator of which is the value of that part of the 658 |
---|
1009 | | - | decedent's gross estate over which this state has jurisdiction for estate 659 |
---|
1010 | | - | tax purposes, and the denominator of which is the value of the 660 |
---|
1011 | | - | decedent's gross estate. A credit shall be allowed against such tax for 661 |
---|
1012 | | - | (i) any taxes paid to this state pursuant to section 12-642, as amended 662 |
---|
1013 | | - | by this act, by the decedent or the decedent's estate for Connecticut 663 |
---|
1014 | | - | taxable gifts made on or after January 1, 2005, and (ii) any taxes paid 664 |
---|
1015 | | - | by the decedent's spouse to this state pursuant to section 12-642, as 665 |
---|
1016 | | - | amended by this act, for Connecticut taxable gifts made by the 666 |
---|
1017 | | - | decedent on or after January 1, 2005, that are includable in the gross 667 |
---|
1018 | | - | estate of the decedent, provided such credit shall not exceed the 668 |
---|
1019 | | - | amount of tax imposed by this section. In no event shall the amount of 669 |
---|
1020 | | - | tax payable under this section exceed fifteen million dollars. Such 670 |
---|
1021 | | - | fifteen-million-dollar limit shall be reduced by the amount of (I) any 671 |
---|
1022 | | - | taxes paid to this state pursuant to section 12-642, as amended by this 672 |
---|
1023 | | - | act, by the decedent or the decedent's estate for Connecticut taxable 673 |
---|
1024 | | - | gifts made on or after January 1, 2016, and (II) any taxes paid by the 674 |
---|
1025 | | - | decedent's spouse to this state pursuant to section 12-642, as amended 675 |
---|
1026 | | - | by this act, for Connecticut taxable gifts made by the decedent on or 676 |
---|
1027 | | - | after January 1, 2016, that are includable in the gross estate of the 677 |
---|
1028 | | - | decedent, but in no event shall the amount be reduced below zero. 678 |
---|
1029 | | - | (2) For a nonresident estate, the state shall have the power to levy 679 |
---|
1030 | | - | the estate tax upon all real property situated in this state and tangible 680 |
---|
1031 | | - | personal property having an actual situs in this state. The state is 681 |
---|
1032 | | - | permitted to calculate the estate tax and levy said tax to the fullest 682 |
---|
1033 | | - | extent permitted by the Constitution of the United States. 683 |
---|
1034 | | - | Sec. 8. Subparagraph (L) of subdivision (1) of section 12-408 of the 684 |
---|
1035 | | - | general statutes is repealed and the following is substituted in lieu 685 |
---|
1036 | | - | thereof (Effective July 1, 2019, and applicable to sales occurring on or after 686 |
---|
1037 | | - | July 1, 2019): 687 Substitute Bill No. 877 |
---|
1038 | | - | |
---|
1039 | | - | |
---|
1040 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1041 | | - | R01-SB.docx } |
---|
1042 | | - | 28 of 104 |
---|
1043 | | - | |
---|
1044 | | - | (L) (i) For calendar months commencing on or after July 1, 2017, the 688 |
---|
1045 | | - | commissioner shall deposit into the Special Transportation Fund 689 |
---|
1046 | | - | established under section 13b-68 seven and nine-tenths per cent of the 690 |
---|
1047 | | - | amounts received by the state from the tax imposed under 691 |
---|
1048 | | - | subparagraph (A) of this subdivision; 692 |
---|
1049 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 693 |
---|
1050 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 694 |
---|
1051 | | - | Transportation Fund established under section 13b-68 eight per cent of 695 |
---|
1052 | | - | the amounts received by the state from the tax imposed under 696 |
---|
1053 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 697 |
---|
1054 | | - | vehicle; 698 |
---|
1055 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 699 |
---|
1056 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 700 |
---|
1057 | | - | Transportation Fund established under section 13b-68 [thirty-three] 701 |
---|
1058 | | - | fifteen per cent of the amounts received by the state from the tax 702 |
---|
1059 | | - | imposed under subparagraphs (A) and (H) of this subdivision on the 703 |
---|
1060 | | - | sale of a motor vehicle; and 704 |
---|
1061 | | - | (iv) For calendar months commencing on or after July 1, 2020, [but 705 |
---|
1062 | | - | prior to July 1, 2021,] the commissioner shall deposit into the Special 706 |
---|
1063 | | - | Transportation Fund established under section 13b-68 [fifty-six] 707 |
---|
1064 | | - | eighteen per cent of the amounts received by the state from the tax 708 |
---|
1065 | | - | imposed under subparagraphs (A) and (H) of this subdivision on the 709 |
---|
1066 | | - | sale of a motor vehicle. [;] 710 |
---|
1067 | | - | [(v) For calendar months commencing on or after July 1, 2021, but 711 |
---|
1068 | | - | prior to July 1, 2022, the commissioner shall deposit into the Special 712 |
---|
1069 | | - | Transportation Fund established under section 13b-68 seventy-five per 713 |
---|
1070 | | - | cent of the amounts received by the state from the tax imposed under 714 |
---|
1071 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 715 |
---|
1072 | | - | vehicle; and 716 |
---|
1073 | | - | (vi) For calendar months commencing on or after July 1, 2022, the 717 |
---|
1074 | | - | commissioner shall deposit into the Special Transportation Fund 718 Substitute Bill No. 877 |
---|
1075 | | - | |
---|
1076 | | - | |
---|
1077 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1078 | | - | R01-SB.docx } |
---|
1079 | | - | 29 of 104 |
---|
1080 | | - | |
---|
1081 | | - | established under section 13b-68 one hundred per cent of the amounts 719 |
---|
1082 | | - | received by the state from the tax imposed under subparagraphs (A) 720 |
---|
1083 | | - | and (H) of this subdivision on the sale of a motor vehicle.] 721 |
---|
1084 | | - | Sec. 9. Subparagraph (K) of subdivision (1) of section 12-411 of the 722 |
---|
1085 | | - | general statutes is repealed and the following is substituted in lieu 723 |
---|
1086 | | - | thereof (Effective July 1, 2019, and applicable to sales occurring on or after 724 |
---|
1087 | | - | July 1, 2019): 725 |
---|
1088 | | - | (K) (i) For calendar months commencing on or after July 1, 2017, the 726 |
---|
1089 | | - | commissioner shall deposit into said Special Transportation Fund 727 |
---|
1090 | | - | seven and nine-tenths per cent of the amounts received by the state 728 |
---|
1091 | | - | from the tax imposed under subparagraph (A) of this subdivision; 729 |
---|
1092 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 730 |
---|
1093 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 731 |
---|
1094 | | - | Transportation Fund established under section 13b-68 eight per cent of 732 |
---|
1095 | | - | the amounts received by the state from the tax imposed under 733 |
---|
1096 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 734 |
---|
1097 | | - | receipt in this state of a motor vehicle; 735 |
---|
1098 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 736 |
---|
1099 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 737 |
---|
1100 | | - | Transportation Fund established under section 13b-68 [thirty-three] 738 |
---|
1101 | | - | fifteen per cent of the amounts received by the state from the tax 739 |
---|
1102 | | - | imposed under subparagraphs (A) and (H) of this subdivision on the 740 |
---|
1103 | | - | acceptance or receipt in this state of a motor vehicle; and 741 |
---|
1104 | | - | (iv) For calendar months commencing on or after July 1, 2020, [but 742 |
---|
1105 | | - | prior to July 1, 2021,] the commissioner shall deposit into the Special 743 |
---|
1106 | | - | Transportation Fund established under section 13b-68 [fifty-six] 744 |
---|
1107 | | - | eighteen per cent of the amounts received by the state from the tax 745 |
---|
1108 | | - | imposed under subparagraphs (A) and (H) of this subdivision on the 746 |
---|
1109 | | - | acceptance or receipt in this state of a motor vehicle. [;] 747 |
---|
1110 | | - | [(v) For calendar months commencing on or after July 1, 2021, but 748 |
---|
1111 | | - | prior to July 1, 2022, the commissioner shall deposit into the Special 749 Substitute Bill No. 877 |
---|
1112 | | - | |
---|
1113 | | - | |
---|
1114 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1115 | | - | R01-SB.docx } |
---|
1116 | | - | 30 of 104 |
---|
1117 | | - | |
---|
1118 | | - | Transportation Fund established under section 13b-68 seventy-five per 750 |
---|
1119 | | - | cent of the amounts received by the state from the tax imposed under 751 |
---|
1120 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 752 |
---|
1121 | | - | receipt in this state of a motor vehicle; and 753 |
---|
1122 | | - | (vi) For calendar months commencing on or after July 1, 2022, the 754 |
---|
1123 | | - | commissioner shall deposit into the Special Transportation Fund 755 |
---|
1124 | | - | established under section 13b-68 one hundred per cent of the amounts 756 |
---|
1125 | | - | received by the state from the tax imposed under subparagraphs (A) 757 |
---|
1126 | | - | and (H) of this subdivision on the acceptance or receipt in this state of 758 |
---|
1127 | | - | a motor vehicle.] 759 |
---|
1128 | | - | Sec. 10. Subdivision (13) of subsection (a) of section 12-407 of the 760 |
---|
1129 | | - | general statutes is repealed and the following is substituted in lieu 761 |
---|
1130 | | - | thereof (Effective October 1, 2019, and applicable to sales occurring on or 762 |
---|
1131 | | - | after October 1, 2019): 763 |
---|
1132 | | - | (13) "Tangible personal property" means personal property [which] 764 |
---|
1133 | | - | that may be seen, weighed, measured, felt or touched or [which] that is 765 |
---|
1134 | | - | in any other manner perceptible to the senses. [including] "Tangible 766 |
---|
1135 | | - | personal property" includes (A) digital goods, (B) canned or prewritten 767 |
---|
1136 | | - | computer software, [. Tangible personal property includes] including 768 |
---|
1137 | | - | canned or prewritten software that is electronically accessed or 769 |
---|
1138 | | - | transferred, other than when purchased by a business for use by such 770 |
---|
1139 | | - | business, and any additional content related to such software, and (C) 771 |
---|
1140 | | - | the distribution, generation or transmission of electricity. 772 |
---|
1141 | | - | Sec. 11. Subsection (a) of section 12-407 of the general statutes is 773 |
---|
1142 | | - | amended by adding subdivision (43) as follows (Effective October 1, 774 |
---|
1143 | | - | 2019, and applicable to sales occurring on or after October 1, 2019): 775 |
---|
1144 | | - | (NEW) (43) "Digital goods" means audio works, visual works, 776 |
---|
1145 | | - | audio-visual works, reading materials or ring tones, that are 777 |
---|
1146 | | - | electronically accessed or transferred. 778 |
---|
1147 | | - | Sec. 12. Subdivision (5) of section 12-410 of the general statutes is 779 |
---|
1148 | | - | repealed and the following is substituted in lieu thereof (Effective 780 Substitute Bill No. 877 |
---|
1149 | | - | |
---|
1150 | | - | |
---|
1151 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1152 | | - | R01-SB.docx } |
---|
1153 | | - | 31 of 104 |
---|
1154 | | - | |
---|
1155 | | - | October 1, 2019, and applicable to sales occurring on or after October 1, 781 |
---|
1156 | | - | 2019): 782 |
---|
1157 | | - | (5) (A) For the purpose of the proper administration of this chapter 783 |
---|
1158 | | - | and to prevent evasion of the sales tax, a sale of any service described 784 |
---|
1159 | | - | in subdivision (37) of subsection (a) of section 12-407, as amended by 785 |
---|
1160 | | - | this act, shall be considered a sale for resale only if the service to be 786 |
---|
1161 | | - | resold is an integral, inseparable component part of a service described 787 |
---|
1162 | | - | in said subdivision that is to be subsequently sold by the purchaser to 788 |
---|
1163 | | - | an ultimate consumer. The purchaser of the service for resale shall 789 |
---|
1164 | | - | maintain, in such form as the commissioner requires, records that 790 |
---|
1165 | | - | substantiate: (i) From whom the service was purchased and to whom 791 |
---|
1166 | | - | the service was sold, (ii) the purchase price of the service, and (iii) the 792 |
---|
1167 | | - | nature of the service to demonstrate that the services were an integral, 793 |
---|
1168 | | - | inseparable component part of a service described in subdivision (37) 794 |
---|
1169 | | - | of subsection (a) of section 12-407, as amended by this act, that was 795 |
---|
1170 | | - | subsequently sold to a consumer. 796 |
---|
1171 | | - | (B) Notwithstanding the provisions of subparagraph (A) of this 797 |
---|
1172 | | - | subdivision, no sale of a service described in subdivision (37) of 798 |
---|
1173 | | - | subsection (a) of section 12-407, as amended by this act, by a seller 799 |
---|
1174 | | - | shall be considered a sale for resale if such service is to be 800 |
---|
1175 | | - | subsequently sold by the purchaser to an ultimate consumer that is 801 |
---|
1176 | | - | affiliated with the purchaser in the manner described in subparagraph 802 |
---|
1177 | | - | (A) of subdivision (62) of section 12-412. 803 |
---|
1178 | | - | (C) For purposes of subparagraph (A) of this subdivision, the sale of 804 |
---|
1179 | | - | canned or prewritten computer software shall be considered a sale for 805 |
---|
1180 | | - | resale if such software is subsequently sold, licensed or leased 806 |
---|
1181 | | - | unaltered by the purchaser to an ultimate consumer. The purchaser of 807 |
---|
1182 | | - | the software for resale shall maintain, in such form as the 808 |
---|
1183 | | - | commissioner requires, records that substantiate: (i) From whom the 809 |
---|
1184 | | - | software was purchased and to whom the software was sold, licensed 810 |
---|
1185 | | - | or leased, (ii) the purchase price of the software, and (iii) the nature of 811 |
---|
1186 | | - | the transaction with the ultimate consumer to demonstrate that the 812 |
---|
1187 | | - | same software was provided unaltered to the ultimate consumer. 813 Substitute Bill No. 877 |
---|
1188 | | - | |
---|
1189 | | - | |
---|
1190 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1191 | | - | R01-SB.docx } |
---|
1192 | | - | 32 of 104 |
---|
1193 | | - | |
---|
1194 | | - | (D) For purposes of subparagraph (A) of this subdivision, the sale of 814 |
---|
1195 | | - | digital goods or services described in subdivision (37) of subsection (a) 815 |
---|
1196 | | - | of section 12-407, as amended by this act, shall be considered a sale for 816 |
---|
1197 | | - | resale if such digital goods or services are subsequently resold as an 817 |
---|
1198 | | - | integral, inseparable component part of a digital good or a service 818 |
---|
1199 | | - | described in subdivision (37) of subsection (a) of section 12-407, as 819 |
---|
1200 | | - | amended by this act, by the purchaser to an ultimate consumer. The 820 |
---|
1201 | | - | purchaser of the digital goods or services described in subdivision (37) 821 |
---|
1202 | | - | of subsection (a) of section 12-407, as amended by this act, for resale 822 |
---|
1203 | | - | shall maintain, in such form as the commissioner requires, records that 823 |
---|
1204 | | - | substantiate: (i) From whom such digital goods or services were 824 |
---|
1205 | | - | purchased and to whom such digital goods or services were resold, (ii) 825 |
---|
1206 | | - | the purchase price of such digital goods or services, and (iii) the nature 826 |
---|
1207 | | - | of the transaction with the ultimate consumer. 827 |
---|
1208 | | - | Sec. 13. Subdivision (37) of subsection (a) of section 12-407 of the 828 |
---|
1209 | | - | general statutes is repealed and the following is substituted in lieu 829 |
---|
1210 | | - | thereof (Effective October 1, 2019, and applicable to sales occurring on or 830 |
---|
1211 | | - | after October 1, 2019): 831 |
---|
1212 | | - | (37) "Services" for purposes of subdivision (2) of this subsection, 832 |
---|
1213 | | - | means: 833 |
---|
1214 | | - | (A) Computer and data processing services, including, but not 834 |
---|
1215 | | - | limited to, time, programming, code writing, modification of existing 835 |
---|
1216 | | - | programs, feasibility studies and installation and implementation of 836 |
---|
1217 | | - | software programs and systems even where such services are rendered 837 |
---|
1218 | | - | in connection with the development, creation or production of canned 838 |
---|
1219 | | - | or custom software or the license of custom software, but excluding 839 |
---|
1220 | | - | digital goods; 840 |
---|
1221 | | - | (B) Credit information and reporting services; 841 |
---|
1222 | | - | (C) Services by employment agencies and agencies providing 842 |
---|
1223 | | - | personnel services; 843 |
---|
1224 | | - | (D) Private investigation, protection, patrol work, watchman and 844 Substitute Bill No. 877 |
---|
1225 | | - | |
---|
1226 | | - | |
---|
1227 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1228 | | - | R01-SB.docx } |
---|
1229 | | - | 33 of 104 |
---|
1230 | | - | |
---|
1231 | | - | armored car services, exclusive of (i) services of off-duty police officers 845 |
---|
1232 | | - | and off-duty firefighters, and (ii) coin and currency services provided 846 |
---|
1233 | | - | to a financial services company by or through another financial 847 |
---|
1234 | | - | services company. For purposes of this subparagraph, "financial 848 |
---|
1235 | | - | services company" has the same meaning as provided under 849 |
---|
1236 | | - | subparagraphs (A) to (H), inclusive, of subdivision (6) of subsection (a) 850 |
---|
1237 | | - | of section 12-218b; 851 |
---|
1238 | | - | (E) Painting and lettering services; 852 |
---|
1239 | | - | (F) Photographic studio services; 853 |
---|
1240 | | - | (G) Telephone answering services; 854 |
---|
1241 | | - | (H) Stenographic services; 855 |
---|
1242 | | - | (I) Services to industrial, commercial or income-producing real 856 |
---|
1243 | | - | property, including, but not limited to, such services as management, 857 |
---|
1244 | | - | electrical, plumbing, painting and carpentry, provided 858 |
---|
1245 | | - | income-producing property shall not include property used 859 |
---|
1246 | | - | exclusively for residential purposes in which the owner resides and 860 |
---|
1247 | | - | which contains no more than three dwelling units, or a housing facility 861 |
---|
1248 | | - | for low and moderate income families and persons owned or operated 862 |
---|
1249 | | - | by a nonprofit housing organization, as defined in subdivision (29) of 863 |
---|
1250 | | - | section 12-412; 864 |
---|
1251 | | - | (J) Business analysis, management, management consulting and 865 |
---|
1252 | | - | public relations services, excluding (i) any environmental consulting 866 |
---|
1253 | | - | services, (ii) any training services provided by an institution of higher 867 |
---|
1254 | | - | education licensed or accredited by the Board of Regents for Higher 868 |
---|
1255 | | - | Education or Office of Higher Education pursuant to sections 10a-35a 869 |
---|
1256 | | - | and 10a-34, respectively, and (iii) on and after January 1, 1994, any 870 |
---|
1257 | | - | business analysis, management, management consulting and public 871 |
---|
1258 | | - | relations services when such services are rendered in connection with 872 |
---|
1259 | | - | an aircraft leased or owned by a certificated air carrier or in connection 873 |
---|
1260 | | - | with an aircraft which has a maximum certificated take-off weight of 874 |
---|
1261 | | - | six thousand pounds or more; 875 Substitute Bill No. 877 |
---|
1262 | | - | |
---|
1263 | | - | |
---|
1264 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1265 | | - | R01-SB.docx } |
---|
1266 | | - | 34 of 104 |
---|
1267 | | - | |
---|
1268 | | - | (K) Services providing "piped-in" music to business or professional 876 |
---|
1269 | | - | establishments; 877 |
---|
1270 | | - | (L) Flight instruction and chartering services by a certificated air 878 |
---|
1271 | | - | carrier on an aircraft, the use of which for such purposes, but for the 879 |
---|
1272 | | - | provisions of subdivision (4) of section 12-410 and subdivision (12) of 880 |
---|
1273 | | - | section 12-411, would be deemed a retail sale and a taxable storage or 881 |
---|
1274 | | - | use, respectively, of such aircraft by such carrier; 882 |
---|
1275 | | - | (M) Motor vehicle repair services, including any type of repair, 883 |
---|
1276 | | - | painting or replacement related to the body or any of the operating 884 |
---|
1277 | | - | parts of a motor vehicle; 885 |
---|
1278 | | - | (N) Motor vehicle parking, including the provision of space, other 886 |
---|
1279 | | - | than metered space, in a lot having thirty or more spaces, excluding (i) 887 |
---|
1280 | | - | space in a parking lot owned or leased under the terms of a lease of not 888 |
---|
1281 | | - | less than ten years' duration and operated by an employer for the 889 |
---|
1282 | | - | exclusive use of its employees, (ii) space in municipally operated 890 |
---|
1283 | | - | railroad parking facilities in municipalities located within an area of 891 |
---|
1284 | | - | the state designated as a severe nonattainment area for ozone under 892 |
---|
1285 | | - | the federal Clean Air Act or space in a railroad parking facility in a 893 |
---|
1286 | | - | municipality located within an area of the state designated as a severe 894 |
---|
1287 | | - | nonattainment area for ozone under the federal Clean Air Act owned 895 |
---|
1288 | | - | or operated by the state on or after April 1, 2000, (iii) space in a 896 |
---|
1289 | | - | seasonal parking lot provided by an entity subject to the exemption set 897 |
---|
1290 | | - | forth in subdivision (1) of section 12-412, and (iv) space in a 898 |
---|
1291 | | - | municipally owned parking lot; 899 |
---|
1292 | | - | (O) Radio or television repair services; 900 |
---|
1293 | | - | (P) Furniture reupholstering and repair services; 901 |
---|
1294 | | - | (Q) Repair services to any electrical or electronic device, including, 902 |
---|
1295 | | - | but not limited to, equipment used for purposes of refrigeration or 903 |
---|
1296 | | - | air-conditioning; 904 |
---|
1297 | | - | (R) Lobbying or consulting services for purposes of representing the 905 Substitute Bill No. 877 |
---|
1298 | | - | |
---|
1299 | | - | |
---|
1300 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1301 | | - | R01-SB.docx } |
---|
1302 | | - | 35 of 104 |
---|
1303 | | - | |
---|
1304 | | - | interests of a client in relation to the functions of any governmental 906 |
---|
1305 | | - | entity or instrumentality; 907 |
---|
1306 | | - | (S) Services of the agent of any person in relation to the sale of any 908 |
---|
1307 | | - | item of tangible personal property for such person, exclusive of the 909 |
---|
1308 | | - | services of a consignee selling works of art, as defined in subsection (b) 910 |
---|
1309 | | - | of section 12-376c, or articles of clothing or footwear intended to be 911 |
---|
1310 | | - | worn on or about the human body other than (i) any special clothing 912 |
---|
1311 | | - | or footwear primarily designed for athletic activity or protective use 913 |
---|
1312 | | - | and which is not normally worn except when used for the athletic 914 |
---|
1313 | | - | activity or protective use for which it was designed, and (ii) jewelry, 915 |
---|
1314 | | - | handbags, luggage, umbrellas, wallets, watches and similar items 916 |
---|
1315 | | - | carried on or about the human body but not worn on the body, under 917 |
---|
1316 | | - | consignment, exclusive of services provided by an auctioneer; 918 |
---|
1317 | | - | (T) Locksmith services; 919 |
---|
1318 | | - | (U) Advertising or public relations services, including layout, art 920 |
---|
1319 | | - | direction, graphic design, mechanical preparation or production 921 |
---|
1320 | | - | supervision, not related to the development of media advertising or 922 |
---|
1321 | | - | cooperative direct mail advertising; 923 |
---|
1322 | | - | (V) Landscaping and horticulture services; 924 |
---|
1323 | | - | (W) Window cleaning services; 925 |
---|
1324 | | - | (X) Maintenance services; 926 |
---|
1325 | | - | (Y) Janitorial services; 927 |
---|
1326 | | - | (Z) Exterminating services; 928 |
---|
1327 | | - | (AA) Swimming pool cleaning and maintenance services; 929 |
---|
1328 | | - | (BB) Miscellaneous personal services included in industry group 729 930 |
---|
1329 | | - | in the Standard Industrial Classification Manual, United States Office 931 |
---|
1330 | | - | of Management and Budget, 1987 edition, or [U.S.] industry group 932 |
---|
1331 | | - | 532220, 812191, 812199 or 812990 [in] of the North American 933 Substitute Bill No. 877 |
---|
1332 | | - | |
---|
1333 | | - | |
---|
1334 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1335 | | - | R01-SB.docx } |
---|
1336 | | - | 36 of 104 |
---|
1337 | | - | |
---|
1338 | | - | [Industrial] Industry Classification System United States Manual, 934 |
---|
1339 | | - | United States Office of Management and Budget (NAICS), 1997 935 |
---|
1340 | | - | edition, exclusive of (i) services rendered by massage therapists 936 |
---|
1341 | | - | licensed pursuant to chapter 384a, and (ii) services rendered by an 937 |
---|
1342 | | - | electrologist licensed pursuant to chapter 388; 938 |
---|
1343 | | - | (CC) Any repair or maintenance service to any item of tangible 939 |
---|
1344 | | - | personal property including any contract of warranty or service related 940 |
---|
1345 | | - | to any such item; 941 |
---|
1346 | | - | (DD) Business analysis, management or managing consulting 942 |
---|
1347 | | - | services rendered by a general partner, or an affiliate thereof, to a 943 |
---|
1348 | | - | limited partnership, provided (i) the general partner, or an affiliate 944 |
---|
1349 | | - | thereof, is compensated for the rendition of such services other than 945 |
---|
1350 | | - | through a distributive share of partnership profits or an annual 946 |
---|
1351 | | - | percentage of partnership capital or assets established in the limited 947 |
---|
1352 | | - | partnership's offering statement, and (ii) the general partner, or an 948 |
---|
1353 | | - | affiliate thereof, offers such services to others, including any other 949 |
---|
1354 | | - | partnership. As used in this subparagraph "an affiliate of a general 950 |
---|
1355 | | - | partner" means an entity which is directly or indirectly owned fifty per 951 |
---|
1356 | | - | cent or more in common with a general partner; 952 |
---|
1357 | | - | (EE) Notwithstanding the provisions of section 12-412, as amended 953 |
---|
1358 | | - | by this act, except subdivision (87) of said section 12-412, patient care 954 |
---|
1359 | | - | services, as defined in subdivision (29) of this subsection by a hospital, 955 |
---|
1360 | | - | except that "sale" and "selling" does not include such patient care 956 |
---|
1361 | | - | services for which payment is received by the hospital during the 957 |
---|
1362 | | - | period commencing July 1, 2001, and ending June 30, 2003; 958 |
---|
1363 | | - | (FF) Health and athletic club services, exclusive of (i) any such 959 |
---|
1364 | | - | services provided without any additional charge which are included in 960 |
---|
1365 | | - | any dues or initiation fees paid to any such club, which dues or fees 961 |
---|
1366 | | - | are subject to tax under section 12-543, and (ii) any such services 962 |
---|
1367 | | - | provided by a municipality or an organization that is described in 963 |
---|
1368 | | - | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 964 |
---|
1369 | | - | corresponding internal revenue code of the United States, as amended 965 Substitute Bill No. 877 |
---|
1370 | | - | |
---|
1371 | | - | |
---|
1372 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1373 | | - | R01-SB.docx } |
---|
1374 | | - | 37 of 104 |
---|
1375 | | - | |
---|
1376 | | - | from time to time; [amended;] 966 |
---|
1377 | | - | (GG) Motor vehicle storage services, including storage of motor 967 |
---|
1378 | | - | homes, campers and camp trailers, other than the furnishing of space 968 |
---|
1379 | | - | as described in subparagraph (P) of subdivision (2) of this subsection; 969 |
---|
1380 | | - | (HH) Packing and crating services, other than those provided in 970 |
---|
1381 | | - | connection with the sale of tangible personal property by the retailer of 971 |
---|
1382 | | - | such property; 972 |
---|
1383 | | - | (II) Motor vehicle towing and road services, other than motor 973 |
---|
1384 | | - | vehicle repair services; 974 |
---|
1385 | | - | (JJ) Intrastate transportation services provided by livery services, 975 |
---|
1386 | | - | including limousines, community cars or vans, with a driver. Intrastate 976 |
---|
1387 | | - | transportation services shall not include transportation by taxicab, 977 |
---|
1388 | | - | motor bus, ambulance or ambulette, scheduled public transportation, 978 |
---|
1389 | | - | nonemergency medical transportation provided under the Medicaid 979 |
---|
1390 | | - | program, paratransit services provided by agreement or arrangement 980 |
---|
1391 | | - | with the state or any political subdivision of the state, dial-a-ride 981 |
---|
1392 | | - | services or services provided in connection with funerals; 982 |
---|
1393 | | - | (KK) Pet grooming and pet boarding services, except if such services 983 |
---|
1394 | | - | are provided as an integral part of professional veterinary services, 984 |
---|
1395 | | - | and pet obedience services; 985 |
---|
1396 | | - | (LL) Services in connection with a cosmetic medical procedure. For 986 |
---|
1397 | | - | purposes of this subparagraph, "cosmetic medical procedure" means 987 |
---|
1398 | | - | any medical procedure performed on an individual that is directed at 988 |
---|
1399 | | - | improving the individual's appearance and that does not meaningfully 989 |
---|
1400 | | - | promote the proper function of the body or prevent or treat illness or 990 |
---|
1401 | | - | disease. "Cosmetic medical procedure" includes, but is not limited to, 991 |
---|
1402 | | - | cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft 992 |
---|
1403 | | - | tissue fillers, dermabrasion and chemical peel, laser hair removal, laser 993 |
---|
1404 | | - | skin resurfacing, laser treatment of leg veins and sclerotherapy. 994 |
---|
1405 | | - | "Cosmetic medical procedure" does not include reconstructive surgery. 995 |
---|
1406 | | - | "Reconstructive surgery" includes any surgery performed on abnormal 996 Substitute Bill No. 877 |
---|
1407 | | - | |
---|
1408 | | - | |
---|
1409 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1410 | | - | R01-SB.docx } |
---|
1411 | | - | 38 of 104 |
---|
1412 | | - | |
---|
1413 | | - | structures caused by or related to congenital defects, developmental 997 |
---|
1414 | | - | abnormalities, trauma, infection, tumors or disease, including 998 |
---|
1415 | | - | procedures to improve function or give a more normal appearance; 999 |
---|
1416 | | - | (MM) Manicure services, pedicure services and all other nail 1000 |
---|
1417 | | - | services, regardless of where performed, including airbrushing, fills, 1001 |
---|
1418 | | - | full sets, nail sculpting, paraffin treatments and polishes; 1002 |
---|
1419 | | - | (NN) Spa services, regardless of where performed, including body 1003 |
---|
1420 | | - | waxing and wraps, peels, scrubs and facials; [and] 1004 |
---|
1421 | | - | (OO) Car wash services, including coin-operated car washes; 1005 |
---|
1422 | | - | (PP) Prearranged rides that originate in this state, provided by 1006 |
---|
1423 | | - | transportation network companies. As used in this subparagraph, 1007 |
---|
1424 | | - | "prearranged ride" and "transportation network company" have the 1008 |
---|
1425 | | - | same meanings as provided in section 13b-116. 1009 |
---|
1426 | | - | Sec. 14. Subsections (b) and (c) of section 13b-121 of the general 1010 |
---|
1427 | | - | statutes are repealed and the following is substituted in lieu thereof 1011 |
---|
1428 | | - | (Effective from passage): 1012 |
---|
1429 | | - | (b) Each transportation network company shall pay a fee of twenty-1013 |
---|
1430 | | - | five cents on each prearranged ride that originates in this state prior to 1014 |
---|
1431 | | - | October 1, 2019. 1015 |
---|
1432 | | - | (c) On or before the last day of the month next succeeding each 1016 |
---|
1433 | | - | calendar quarter, until and including October 31, 2019, each 1017 |
---|
1434 | | - | transportation network company shall: (1) File a return electronically 1018 |
---|
1435 | | - | for the preceding period with the Commissioner of Revenue Services 1019 |
---|
1436 | | - | on such forms as the commissioner may prescribe; and (2) make 1020 |
---|
1437 | | - | payment of the fees required under subsection (b) of this section by 1021 |
---|
1438 | | - | electronic funds transfer in the manner provided by chapter 228g. Any 1022 |
---|
1439 | | - | document received and maintained by the commissioner with respect 1023 |
---|
1440 | | - | to a transportation network company shall be return information, as 1024 |
---|
1441 | | - | defined in section 12-15, and shall not be subject to disclosure under 1025 |
---|
1442 | | - | the Freedom of Information Act, as defined in section 1-200. 1026 Substitute Bill No. 877 |
---|
1443 | | - | |
---|
1444 | | - | |
---|
1445 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1446 | | - | R01-SB.docx } |
---|
1447 | | - | 39 of 104 |
---|
1448 | | - | |
---|
1449 | | - | Sec. 15. Subdivision (1) of section 12-408 of the general statutes, as 1027 |
---|
1450 | | - | amended by section 8 of this act, is repealed and the following is 1028 |
---|
1451 | | - | substituted in lieu thereof (Effective January 1, 2020, and applicable to 1029 |
---|
1452 | | - | sales occurring on or after January 1, 2020): 1030 |
---|
1453 | | - | (1) (A) For the privilege of making any sales, as defined in 1031 |
---|
1454 | | - | subdivision (2) of subsection (a) of section 12-407, at retail, in this state 1032 |
---|
1455 | | - | for a consideration, a tax is hereby imposed on all retailers at the rate 1033 |
---|
1456 | | - | of six and thirty-five-hundredths per cent of the gross receipts of any 1034 |
---|
1457 | | - | retailer from the sale of all tangible personal property sold at retail or 1035 |
---|
1458 | | - | from the rendering of any services constituting a sale in accordance 1036 |
---|
1459 | | - | with subdivision (2) of subsection (a) of section 12-407, except, in lieu 1037 |
---|
1460 | | - | of said rate, [of six and thirty-five-hundredths per cent,] the rates 1038 |
---|
1461 | | - | provided in subparagraphs (B) to [(H)] (I), inclusive, of this 1039 |
---|
1462 | | - | subdivision; 1040 |
---|
1463 | | - | (B) (i) At a rate of fifteen per cent with respect to each transfer of 1041 |
---|
1464 | | - | occupancy, from the total amount of rent received by a hotel or 1042 |
---|
1465 | | - | lodging house for the first period not exceeding thirty consecutive 1043 |
---|
1466 | | - | calendar days; 1044 |
---|
1467 | | - | (ii) At a rate of eleven per cent with respect to each transfer of 1045 |
---|
1468 | | - | occupancy, from the total amount of rent received by a bed and 1046 |
---|
1469 | | - | breakfast establishment for the first period not exceeding thirty 1047 |
---|
1470 | | - | consecutive calendar days; 1048 |
---|
1471 | | - | (C) With respect to the sale of a motor vehicle to any individual who 1049 |
---|
1472 | | - | is a member of the armed forces of the United States and is on full-time 1050 |
---|
1473 | | - | active duty in Connecticut and who is considered, under 50 App USC 1051 |
---|
1474 | | - | 574, a resident of another state, or to any such individual and the 1052 |
---|
1475 | | - | spouse thereof, at a rate of four and one-half per cent of the gross 1053 |
---|
1476 | | - | receipts of any retailer from such sales, provided such retailer requires 1054 |
---|
1477 | | - | and maintains a declaration by such individual, prescribed as to form 1055 |
---|
1478 | | - | by the commissioner and bearing notice to the effect that false 1056 |
---|
1479 | | - | statements made in such declaration are punishable, or other evidence, 1057 |
---|
1480 | | - | satisfactory to the commissioner, concerning the purchaser's state of 1058 Substitute Bill No. 877 |
---|
1481 | | - | |
---|
1482 | | - | |
---|
1483 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1484 | | - | R01-SB.docx } |
---|
1485 | | - | 40 of 104 |
---|
1486 | | - | |
---|
1487 | | - | residence under 50 App USC 574; 1059 |
---|
1488 | | - | (D) (i) With respect to the sales of computer and data processing 1060 |
---|
1489 | | - | services occurring on or after July 1, 2001, at the rate of one per cent, 1061 |
---|
1490 | | - | and (ii) with respect to sales of Internet access services, on and after 1062 |
---|
1491 | | - | July 1, 2001, such services shall be exempt from such tax; 1063 |
---|
1492 | | - | (E) (i) With respect to the sales of labor that is otherwise taxable 1064 |
---|
1493 | | - | under subparagraph (C) or (G) of subdivision (2) of subsection (a) of 1065 |
---|
1494 | | - | section 12-407 on existing vessels and repair or maintenance services 1066 |
---|
1495 | | - | on vessels occurring on and after July 1, 1999, such services shall be 1067 |
---|
1496 | | - | exempt from such tax; 1068 |
---|
1497 | | - | (ii) With respect to the sale of a vessel, a motor for a vessel or a 1069 |
---|
1498 | | - | trailer used for transporting a vessel, at the rate of two and ninety-1070 |
---|
1499 | | - | nine-hundredths per cent, except that the sale of a vessel shall be 1071 |
---|
1500 | | - | exempt from such tax if such vessel is docked in this state for sixty or 1072 |
---|
1501 | | - | fewer days in a calendar year; 1073 |
---|
1502 | | - | (F) With respect to patient care services for which payment is 1074 |
---|
1503 | | - | received by the hospital on or after July 1, 1999, and prior to July 1, 1075 |
---|
1504 | | - | 2001, at the rate of five and three-fourths per cent and on and after July 1076 |
---|
1505 | | - | 1, 2001, such services shall be exempt from such tax; 1077 |
---|
1506 | | - | (G) With respect to the rental or leasing of a passenger motor 1078 |
---|
1507 | | - | vehicle for a period of thirty consecutive calendar days or less, at a rate 1079 |
---|
1508 | | - | of nine and thirty-five-hundredths per cent; 1080 |
---|
1509 | | - | (H) With respect to the sale of (i) a motor vehicle for a sales price 1081 |
---|
1510 | | - | exceeding fifty thousand dollars, at a rate of seven and three-fourths 1082 |
---|
1511 | | - | per cent on the entire sales price, (ii) jewelry, whether real or imitation, 1083 |
---|
1512 | | - | for a sales price exceeding five thousand dollars, at a rate of seven and 1084 |
---|
1513 | | - | three-fourths per cent on the entire sales price, and (iii) an article of 1085 |
---|
1514 | | - | clothing or footwear intended to be worn on or about the human body, 1086 |
---|
1515 | | - | a handbag, luggage, umbrella, wallet or watch for a sales price 1087 |
---|
1516 | | - | exceeding one thousand dollars, at a rate of seven and three-fourths 1088 |
---|
1517 | | - | per cent on the entire sales price. For purposes of this subparagraph, 1089 Substitute Bill No. 877 |
---|
1518 | | - | |
---|
1519 | | - | |
---|
1520 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1521 | | - | R01-SB.docx } |
---|
1522 | | - | 41 of 104 |
---|
1523 | | - | |
---|
1524 | | - | "motor vehicle" has the meaning provided in section 14-1, but does not 1090 |
---|
1525 | | - | include a motor vehicle subject to the provisions of subparagraph (C) 1091 |
---|
1526 | | - | of this subdivision, a motor vehicle having a gross vehicle weight 1092 |
---|
1527 | | - | rating over twelve thousand five hundred pounds, or a motor vehicle 1093 |
---|
1528 | | - | having a gross vehicle weight rating of twelve thousand five hundred 1094 |
---|
1529 | | - | pounds or less that is not used for private passenger purposes, but is 1095 |
---|
1530 | | - | designed or used to transport merchandise, freight or persons in 1096 |
---|
1531 | | - | connection with any business enterprise and issued a commercial 1097 |
---|
1532 | | - | registration or more specific type of registration by the Department of 1098 |
---|
1533 | | - | Motor Vehicles; 1099 |
---|
1534 | | - | (I) With respect to the sale of meals, as defined in subdivision (13) of 1100 |
---|
1535 | | - | section 12-412, sold by an eating establishment, caterer or grocery 1101 |
---|
1536 | | - | store; and spirituous, malt or vinous liquors, soft drinks, sodas or 1102 |
---|
1537 | | - | beverages such as are ordinarily dispensed at bars and soda fountains, 1103 |
---|
1538 | | - | or in connection therewith; at the rate of seven and thirty-five-1104 |
---|
1539 | | - | hundredths per cent; 1105 |
---|
1540 | | - | [(I)] (J) The rate of tax imposed by this chapter shall be applicable to 1106 |
---|
1541 | | - | all retail sales upon the effective date of such rate, except that a new 1107 |
---|
1542 | | - | rate [which] that represents an increase in the rate applicable to the 1108 |
---|
1543 | | - | sale shall not apply to any sales transaction wherein a binding sales 1109 |
---|
1544 | | - | contract without an escalator clause has been entered into prior to the 1110 |
---|
1545 | | - | effective date of the new rate and delivery is made within ninety days 1111 |
---|
1546 | | - | after the effective date of the new rate. For the purposes of payment of 1112 |
---|
1547 | | - | the tax imposed under this section, any retailer of services taxable 1113 |
---|
1548 | | - | under subdivision (37) of subsection (a) of section 12-407, as amended 1114 |
---|
1549 | | - | by this act, who computes taxable income, for purposes of taxation 1115 |
---|
1550 | | - | under the Internal Revenue Code of 1986, or any subsequent 1116 |
---|
1551 | | - | corresponding internal revenue code of the United States, as amended 1117 |
---|
1552 | | - | from time to time, [amended,] on an accounting basis [which] that 1118 |
---|
1553 | | - | recognizes only cash or other valuable consideration actually received 1119 |
---|
1554 | | - | as income and who is liable for such tax only due to the rendering of 1120 |
---|
1555 | | - | such services may make payments related to such tax for the period 1121 |
---|
1556 | | - | during which such income is received, without penalty or interest, 1122 Substitute Bill No. 877 |
---|
1557 | | - | |
---|
1558 | | - | |
---|
1559 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1560 | | - | R01-SB.docx } |
---|
1561 | | - | 42 of 104 |
---|
1562 | | - | |
---|
1563 | | - | without regard to when such service is rendered; 1123 |
---|
1564 | | - | [(J)] (K) (i) For calendar quarters ending on or after September 30, 1124 |
---|
1565 | | - | 2019, the commissioner shall deposit into the regional planning 1125 |
---|
1566 | | - | incentive account, established pursuant to section 4-66k, six and seven-1126 |
---|
1567 | | - | tenths per cent of the amounts received by the state from the tax 1127 |
---|
1568 | | - | imposed under subparagraph (B) of this subdivision and ten and 1128 |
---|
1569 | | - | seven-tenths per cent of the amounts received by the state from the tax 1129 |
---|
1570 | | - | imposed under subparagraph (G) of this subdivision; 1130 |
---|
1571 | | - | (ii) For calendar quarters ending on or after September 30, 2018, the 1131 |
---|
1572 | | - | commissioner shall deposit into the Tourism Fund established under 1132 |
---|
1573 | | - | section 10-395b ten per cent of the amounts received by the state from 1133 |
---|
1574 | | - | the tax imposed under subparagraph (B) of this subdivision; 1134 |
---|
1575 | | - | [(K)] (L) For calendar months commencing on or after July 1, 2021, 1135 |
---|
1576 | | - | the commissioner shall deposit into the municipal revenue sharing 1136 |
---|
1577 | | - | account established pursuant to section 4-66l seven and nine-tenths per 1137 |
---|
1578 | | - | cent of the amounts received by the state from the tax imposed under 1138 |
---|
1579 | | - | subparagraph (A) of this subdivision; and 1139 |
---|
1580 | | - | [(L)] (M) (i) For calendar months commencing on or after July 1, 1140 |
---|
1581 | | - | 2017, the commissioner shall deposit into the Special Transportation 1141 |
---|
1582 | | - | Fund established under section 13b-68 seven and nine-tenths per cent 1142 |
---|
1583 | | - | of the amounts received by the state from the tax imposed under 1143 |
---|
1584 | | - | subparagraph (A) of this subdivision; 1144 |
---|
1585 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 1145 |
---|
1586 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 1146 |
---|
1587 | | - | Transportation Fund established under section 13b-68 eight per cent of 1147 |
---|
1588 | | - | the amounts received by the state from the tax imposed under 1148 |
---|
1589 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 1149 |
---|
1590 | | - | vehicle; 1150 |
---|
1591 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 1151 |
---|
1592 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 1152 |
---|
1593 | | - | Transportation Fund established under section 13b-68 fifteen per cent 1153 Substitute Bill No. 877 |
---|
1594 | | - | |
---|
1595 | | - | |
---|
1596 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1597 | | - | R01-SB.docx } |
---|
1598 | | - | 43 of 104 |
---|
1599 | | - | |
---|
1600 | | - | of the amounts received by the state from the tax imposed under 1154 |
---|
1601 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 1155 |
---|
1602 | | - | vehicle; and 1156 |
---|
1603 | | - | (iv) For calendar months commencing on or after July 1, 2020, the 1157 |
---|
1604 | | - | commissioner shall deposit into the Special Transportation Fund 1158 |
---|
1605 | | - | established under section 13b-68 eighteen per cent of the amounts 1159 |
---|
1606 | | - | received by the state from the tax imposed under subparagraphs (A) 1160 |
---|
1607 | | - | and (H) of this subdivision on the sale of a motor vehicle. 1161 |
---|
1608 | | - | Sec. 16. Subdivision (1) of section 12-411 of the general statutes, as 1162 |
---|
1609 | | - | amended by section 9 of this act, is repealed and the following is 1163 |
---|
1610 | | - | substituted in lieu thereof (Effective January 1, 2020, and applicable to 1164 |
---|
1611 | | - | sales occurring on or after January 1, 2020): 1165 |
---|
1612 | | - | (1) (A) An excise tax is hereby imposed on the storage, acceptance, 1166 |
---|
1613 | | - | consumption or any other use in this state of tangible personal 1167 |
---|
1614 | | - | property purchased from any retailer for storage, acceptance, 1168 |
---|
1615 | | - | consumption or any other use in this state, the acceptance or receipt of 1169 |
---|
1616 | | - | any services constituting a sale in accordance with subdivision (2) of 1170 |
---|
1617 | | - | subsection (a) of section 12-407, purchased from any retailer for 1171 |
---|
1618 | | - | consumption or use in this state, or the storage, acceptance, 1172 |
---|
1619 | | - | consumption or any other use in this state of tangible personal 1173 |
---|
1620 | | - | property which has been manufactured, fabricated, assembled or 1174 |
---|
1621 | | - | processed from materials by a person, either within or without this 1175 |
---|
1622 | | - | state, for storage, acceptance, consumption or any other use by such 1176 |
---|
1623 | | - | person in this state, to be measured by the sales price of materials, at 1177 |
---|
1624 | | - | the rate of six and thirty-five-hundredths per cent of the sales price of 1178 |
---|
1625 | | - | such property or services, except, in lieu of said rate: [of six and thirty-1179 |
---|
1626 | | - | five-hundredths per cent;] 1180 |
---|
1627 | | - | (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or 1181 |
---|
1628 | | - | lodging house for the first period not exceeding thirty consecutive 1182 |
---|
1629 | | - | calendar days; 1183 |
---|
1630 | | - | (ii) At a rate of eleven per cent of the rent paid to a bed and 1184 Substitute Bill No. 877 |
---|
1631 | | - | |
---|
1632 | | - | |
---|
1633 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1634 | | - | R01-SB.docx } |
---|
1635 | | - | 44 of 104 |
---|
1636 | | - | |
---|
1637 | | - | breakfast establishment for the first period not exceeding thirty 1185 |
---|
1638 | | - | consecutive calendar days; 1186 |
---|
1639 | | - | (C) With respect to the storage, acceptance, consumption or use in 1187 |
---|
1640 | | - | this state of a motor vehicle purchased from any retailer for storage, 1188 |
---|
1641 | | - | acceptance, consumption or use in this state by any individual who is a 1189 |
---|
1642 | | - | member of the armed forces of the United States and is on full-time 1190 |
---|
1643 | | - | active duty in Connecticut and who is considered, under 50 App USC 1191 |
---|
1644 | | - | 574, a resident of another state, or to any such individual and the 1192 |
---|
1645 | | - | spouse of such individual at a rate of four and one-half per cent of the 1193 |
---|
1646 | | - | sales price of such vehicle, provided such retailer requires and 1194 |
---|
1647 | | - | maintains a declaration by such individual, prescribed as to form by 1195 |
---|
1648 | | - | the commissioner and bearing notice to the effect that false statements 1196 |
---|
1649 | | - | made in such declaration are punishable, or other evidence, 1197 |
---|
1650 | | - | satisfactory to the commissioner, concerning the purchaser's state of 1198 |
---|
1651 | | - | residence under 50 App USC 574; 1199 |
---|
1652 | | - | (D) (i) With respect to the acceptance or receipt in this state of labor 1200 |
---|
1653 | | - | that is otherwise taxable under subparagraph (C) or (G) of subdivision 1201 |
---|
1654 | | - | (2) of subsection (a) of section 12-407 on existing vessels and repair or 1202 |
---|
1655 | | - | maintenance services on vessels occurring on and after July 1, 1999, 1203 |
---|
1656 | | - | such services shall be exempt from such tax; 1204 |
---|
1657 | | - | (ii) (I) With respect to the storage, acceptance or other use of a vessel 1205 |
---|
1658 | | - | in this state, at the rate of two and ninety-nine-hundredths per cent, 1206 |
---|
1659 | | - | except that such storage, acceptance or other use shall be exempt from 1207 |
---|
1660 | | - | such tax if such vessel is docked in this state for sixty or fewer days in 1208 |
---|
1661 | | - | a calendar year; 1209 |
---|
1662 | | - | (II) With respect to the storage, acceptance or other use of a motor 1210 |
---|
1663 | | - | for a vessel or a trailer used for transporting a vessel in this state, at the 1211 |
---|
1664 | | - | rate of two and ninety-nine-hundredths per cent; 1212 |
---|
1665 | | - | (E) (i) With respect to the acceptance or receipt in this state of 1213 |
---|
1666 | | - | computer and data processing services purchased from any retailer for 1214 |
---|
1667 | | - | consumption or use in this state occurring on or after July 1, 2001, at 1215 Substitute Bill No. 877 |
---|
1668 | | - | |
---|
1669 | | - | |
---|
1670 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1671 | | - | R01-SB.docx } |
---|
1672 | | - | 45 of 104 |
---|
1673 | | - | |
---|
1674 | | - | the rate of one per cent of such services, and (ii) with respect to the 1216 |
---|
1675 | | - | acceptance or receipt in this state of Internet access services, on and 1217 |
---|
1676 | | - | after July 1, 2001, such services shall be exempt from such tax; 1218 |
---|
1677 | | - | (F) With respect to the acceptance or receipt in this state of patient 1219 |
---|
1678 | | - | care services purchased from any retailer for consumption or use in 1220 |
---|
1679 | | - | this state for which payment is received by the hospital on or after July 1221 |
---|
1680 | | - | 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths 1222 |
---|
1681 | | - | per cent and on and after July 1, 2001, such services shall be exempt 1223 |
---|
1682 | | - | from such tax; 1224 |
---|
1683 | | - | (G) With respect to the rental or leasing of a passenger motor 1225 |
---|
1684 | | - | vehicle for a period of thirty consecutive calendar days or less, at a rate 1226 |
---|
1685 | | - | of nine and thirty-five-hundredths per cent; 1227 |
---|
1686 | | - | (H) With respect to the acceptance or receipt in this state of (i) a 1228 |
---|
1687 | | - | motor vehicle for a sales price exceeding fifty thousand dollars, at a 1229 |
---|
1688 | | - | rate of seven and three-fourths per cent on the entire sales price, (ii) 1230 |
---|
1689 | | - | jewelry, whether real or imitation, for a sales price exceeding five 1231 |
---|
1690 | | - | thousand dollars, at a rate of seven and three-fourths per cent on the 1232 |
---|
1691 | | - | entire sales price, and (iii) an article of clothing or footwear intended to 1233 |
---|
1692 | | - | be worn on or about the human body, a handbag, luggage, umbrella, 1234 |
---|
1693 | | - | wallet or watch for a sales price exceeding one thousand dollars, at a 1235 |
---|
1694 | | - | rate of seven and three-fourths per cent on the entire sales price. For 1236 |
---|
1695 | | - | purposes of this subparagraph, "motor vehicle" has the meaning 1237 |
---|
1696 | | - | provided in section 14-1, but does not include a motor vehicle subject 1238 |
---|
1697 | | - | to the provisions of subparagraph (C) of this subdivision, a motor 1239 |
---|
1698 | | - | vehicle having a gross vehicle weight rating over twelve thousand five 1240 |
---|
1699 | | - | hundred pounds, or a motor vehicle having a gross vehicle weight 1241 |
---|
1700 | | - | rating of twelve thousand five hundred pounds or less that is not used 1242 |
---|
1701 | | - | for private passenger purposes, but is designed or used to transport 1243 |
---|
1702 | | - | merchandise, freight or persons in connection with any business 1244 |
---|
1703 | | - | enterprise and issued a commercial registration or more specific type 1245 |
---|
1704 | | - | of registration by the Department of Motor Vehicles; 1246 |
---|
1705 | | - | (I) With respect to the acceptance or receipt in this state of meals, as 1247 Substitute Bill No. 877 |
---|
1706 | | - | |
---|
1707 | | - | |
---|
1708 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1709 | | - | R01-SB.docx } |
---|
1710 | | - | 46 of 104 |
---|
1711 | | - | |
---|
1712 | | - | defined in subdivision (13) of section 12-412, sold by an eating 1248 |
---|
1713 | | - | establishment, caterer or grocery store; and spirituous, malt or vinous 1249 |
---|
1714 | | - | liquors, soft drinks, sodas or beverages such as are ordinarily 1250 |
---|
1715 | | - | dispensed at bars and soda fountains, or in connection therewith; at 1251 |
---|
1716 | | - | the rate of seven and thirty-five-hundredths per cent; 1252 |
---|
1717 | | - | [(I)] (J) (i) For calendar quarters ending on or after September 30, 1253 |
---|
1718 | | - | 2019, the commissioner shall deposit into the regional planning 1254 |
---|
1719 | | - | incentive account, established pursuant to section 4-66k, six and seven-1255 |
---|
1720 | | - | tenths per cent of the amounts received by the state from the tax 1256 |
---|
1721 | | - | imposed under subparagraph (B) of this subdivision and ten and 1257 |
---|
1722 | | - | seven-tenths per cent of the amounts received by the state from the tax 1258 |
---|
1723 | | - | imposed under subparagraph (G) of this subdivision; 1259 |
---|
1724 | | - | (ii) For calendar quarters ending on or after September 30, 2018, the 1260 |
---|
1725 | | - | commissioner shall deposit into the Tourism Fund established under 1261 |
---|
1726 | | - | section 10-395b ten per cent of the amounts received by the state from 1262 |
---|
1727 | | - | the tax imposed under subparagraph (B) of this subdivision; 1263 |
---|
1728 | | - | [(J)] (K) For calendar months commencing on or after July 1, 2021, 1264 |
---|
1729 | | - | the commissioner shall deposit into said municipal revenue sharing 1265 |
---|
1730 | | - | account seven and nine-tenths per cent of the amounts received by the 1266 |
---|
1731 | | - | state from the tax imposed under subparagraph (A) of this 1267 |
---|
1732 | | - | subdivision; and 1268 |
---|
1733 | | - | [(K)] (L) (i) For calendar months commencing on or after July 1, 1269 |
---|
1734 | | - | 2017, the commissioner shall deposit into said Special Transportation 1270 |
---|
1735 | | - | Fund seven and nine-tenths per cent of the amounts received by the 1271 |
---|
1736 | | - | state from the tax imposed under subparagraph (A) of this 1272 |
---|
1737 | | - | subdivision; 1273 |
---|
1738 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 1274 |
---|
1739 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 1275 |
---|
1740 | | - | Transportation Fund established under section 13b-68 eight per cent of 1276 |
---|
1741 | | - | the amounts received by the state from the tax imposed under 1277 |
---|
1742 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 1278 Substitute Bill No. 877 |
---|
1743 | | - | |
---|
1744 | | - | |
---|
1745 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1746 | | - | R01-SB.docx } |
---|
1747 | | - | 47 of 104 |
---|
1748 | | - | |
---|
1749 | | - | receipt in this state of a motor vehicle; 1279 |
---|
1750 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 1280 |
---|
1751 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 1281 |
---|
1752 | | - | Transportation Fund established under section 13b-68 fifteen per cent 1282 |
---|
1753 | | - | of the amounts received by the state from the tax imposed under 1283 |
---|
1754 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 1284 |
---|
1755 | | - | receipt in this state of a motor vehicle; and 1285 |
---|
1756 | | - | (iv) For calendar months commencing on or after July 1, 2020, the 1286 |
---|
1757 | | - | commissioner shall deposit into the Special Transportation Fund 1287 |
---|
1758 | | - | established under section 13b-68 eighteen per cent of the amounts 1288 |
---|
1759 | | - | received by the state from the tax imposed under subparagraphs (A) 1289 |
---|
1760 | | - | and (H) of this subdivision on the acceptance or receipt in this state of 1290 |
---|
1761 | | - | a motor vehicle. 1291 |
---|
1762 | | - | Sec. 17. Subdivision (37) of subsection (a) of section 12-407 of the 1292 |
---|
1763 | | - | general statutes, as amended by section 13 of this act, is repealed and 1293 |
---|
1764 | | - | the following is substituted in lieu thereof (Effective January 1, 2020, and 1294 |
---|
1765 | | - | applicable to sales occurring on or after January 1, 2020): 1295 |
---|
1766 | | - | (37) "Services" for purposes of subdivision (2) of this subsection, 1296 |
---|
1767 | | - | means: 1297 |
---|
1768 | | - | (A) Computer and data processing services, including, but not 1298 |
---|
1769 | | - | limited to, time, programming, code writing, modification of existing 1299 |
---|
1770 | | - | programs, feasibility studies and installation and implementation of 1300 |
---|
1771 | | - | software programs and systems even where such services are rendered 1301 |
---|
1772 | | - | in connection with the development, creation or production of canned 1302 |
---|
1773 | | - | or custom software or the license of custom software, but excluding 1303 |
---|
1774 | | - | digital goods; 1304 |
---|
1775 | | - | (B) Credit information and reporting services; 1305 |
---|
1776 | | - | (C) Services by employment agencies and agencies providing 1306 |
---|
1777 | | - | personnel services; 1307 Substitute Bill No. 877 |
---|
1778 | | - | |
---|
1779 | | - | |
---|
1780 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1781 | | - | R01-SB.docx } |
---|
1782 | | - | 48 of 104 |
---|
1783 | | - | |
---|
1784 | | - | (D) Private investigation, protection, patrol work, watchman and 1308 |
---|
1785 | | - | armored car services, exclusive of (i) services of off-duty police officers 1309 |
---|
1786 | | - | and off-duty firefighters, and (ii) coin and currency services provided 1310 |
---|
1787 | | - | to a financial services company by or through another financial 1311 |
---|
1788 | | - | services company. For purposes of this subparagraph, "financial 1312 |
---|
1789 | | - | services company" has the same meaning as provided under 1313 |
---|
1790 | | - | subparagraphs (A) to (H), inclusive, of subdivision (6) of subsection (a) 1314 |
---|
1791 | | - | of section 12-218b; 1315 |
---|
1792 | | - | (E) Painting and lettering services; 1316 |
---|
1793 | | - | (F) Photographic studio services; 1317 |
---|
1794 | | - | (G) Telephone answering services; 1318 |
---|
1795 | | - | (H) Stenographic services; 1319 |
---|
1796 | | - | (I) Services to industrial, commercial or income-producing real 1320 |
---|
1797 | | - | property, including, but not limited to, such services as management, 1321 |
---|
1798 | | - | electrical, plumbing, painting and ca rpentry, provided 1322 |
---|
1799 | | - | income-producing property shall not include property used 1323 |
---|
1800 | | - | exclusively for residential purposes in which the owner resides and 1324 |
---|
1801 | | - | which contains no more than three dwelling units, or a housing facility 1325 |
---|
1802 | | - | for low and moderate income families and persons owned or operated 1326 |
---|
1803 | | - | by a nonprofit housing organization, as defined in subdivision (29) of 1327 |
---|
1804 | | - | section 12-412; 1328 |
---|
1805 | | - | (J) Business analysis, management, management consulting and 1329 |
---|
1806 | | - | public relations services, excluding (i) any environmental consulting 1330 |
---|
1807 | | - | services, (ii) any training services provided by an institution of higher 1331 |
---|
1808 | | - | education licensed or accredited by the Board of Regents for Higher 1332 |
---|
1809 | | - | Education or Office of Higher Education pursuant to sections 10a-35a 1333 |
---|
1810 | | - | and 10a-34, respectively, and (iii) on and after January 1, 1994, any 1334 |
---|
1811 | | - | business analysis, management, management consulting and public 1335 |
---|
1812 | | - | relations services when such services are rendered in connection with 1336 |
---|
1813 | | - | an aircraft leased or owned by a certificated air carrier or in connection 1337 |
---|
1814 | | - | with an aircraft which has a maximum certificated take-off weight of 1338 Substitute Bill No. 877 |
---|
1815 | | - | |
---|
1816 | | - | |
---|
1817 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1818 | | - | R01-SB.docx } |
---|
1819 | | - | 49 of 104 |
---|
1820 | | - | |
---|
1821 | | - | six thousand pounds or more; 1339 |
---|
1822 | | - | (K) Services providing "piped-in" music to business or professional 1340 |
---|
1823 | | - | establishments; 1341 |
---|
1824 | | - | (L) Flight instruction and chartering services by a certificated air 1342 |
---|
1825 | | - | carrier on an aircraft, the use of which for such purposes, but for the 1343 |
---|
1826 | | - | provisions of subdivision (4) of section 12-410 and subdivision (12) of 1344 |
---|
1827 | | - | section 12-411, would be deemed a retail sale and a taxable storage or 1345 |
---|
1828 | | - | use, respectively, of such aircraft by such carrier; 1346 |
---|
1829 | | - | (M) Motor vehicle repair services, including any type of repair, 1347 |
---|
1830 | | - | painting or replacement related to the body or any of the operating 1348 |
---|
1831 | | - | parts of a motor vehicle; 1349 |
---|
1832 | | - | (N) Motor vehicle parking, [including the provision of space, other 1350 |
---|
1833 | | - | than metered space, in a lot having thirty or more spaces,] excluding 1351 |
---|
1834 | | - | [(i)] space in a parking lot owned or leased under the terms of a lease 1352 |
---|
1835 | | - | of not less than ten years' duration and operated by an employer for 1353 |
---|
1836 | | - | the exclusive use of its employees; [, (ii) space in municipally operated 1354 |
---|
1837 | | - | railroad parking facilities in municipalities located within an area of 1355 |
---|
1838 | | - | the state designated as a severe nonattainment area for ozone under 1356 |
---|
1839 | | - | the federal Clean Air Act or space in a railroad parking facility in a 1357 |
---|
1840 | | - | municipality located within an area of the state designated as a severe 1358 |
---|
1841 | | - | nonattainment area for ozone under the federal Clean Air Act owned 1359 |
---|
1842 | | - | or operated by the state on or after April 1, 2000, (iii) space in a 1360 |
---|
1843 | | - | seasonal parking lot provided by an entity subject to the exemption set 1361 |
---|
1844 | | - | forth in subdivision (1) of section 12-412, and (iv) space in a 1362 |
---|
1845 | | - | municipally owned parking lot;] 1363 |
---|
1846 | | - | (O) Radio or television repair services; 1364 |
---|
1847 | | - | (P) Furniture reupholstering and repair services; 1365 |
---|
1848 | | - | (Q) Repair services to any electrical or electronic device, including, 1366 |
---|
1849 | | - | but not limited to, equipment used for purposes of refrigeration or 1367 |
---|
1850 | | - | air-conditioning; 1368 Substitute Bill No. 877 |
---|
1851 | | - | |
---|
1852 | | - | |
---|
1853 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1854 | | - | R01-SB.docx } |
---|
1855 | | - | 50 of 104 |
---|
1856 | | - | |
---|
1857 | | - | (R) Lobbying or consulting services for purposes of representing the 1369 |
---|
1858 | | - | interests of a client in relation to the functions of any governmental 1370 |
---|
1859 | | - | entity or instrumentality; 1371 |
---|
1860 | | - | (S) Services of the agent of any person in relation to the sale of any 1372 |
---|
1861 | | - | item of tangible personal property for such person, exclusive of the 1373 |
---|
1862 | | - | services of a consignee selling works of art, as defined in subsection (b) 1374 |
---|
1863 | | - | of section 12-376c, or articles of clothing or footwear intended to be 1375 |
---|
1864 | | - | worn on or about the human body other than (i) any special clothing 1376 |
---|
1865 | | - | or footwear primarily designed for athletic activity or protective use 1377 |
---|
1866 | | - | and which is not normally worn except when used for the athletic 1378 |
---|
1867 | | - | activity or protective use for which it was designed, and (ii) jewelry, 1379 |
---|
1868 | | - | handbags, luggage, umbrellas, wallets, watches and similar items 1380 |
---|
1869 | | - | carried on or about the human body but not worn on the body, under 1381 |
---|
1870 | | - | consignment, exclusive of services provided by an auctioneer; 1382 |
---|
1871 | | - | (T) Locksmith services; 1383 |
---|
1872 | | - | (U) Advertising or public relations services, including layout, art 1384 |
---|
1873 | | - | direction, graphic design, mechanical preparation or production 1385 |
---|
1874 | | - | supervision, not related to the development of media advertising or 1386 |
---|
1875 | | - | cooperative direct mail advertising; 1387 |
---|
1876 | | - | (V) Landscaping and horticulture services; 1388 |
---|
1877 | | - | (W) Window cleaning services; 1389 |
---|
1878 | | - | (X) Maintenance services; 1390 |
---|
1879 | | - | (Y) Janitorial services; 1391 |
---|
1880 | | - | (Z) Exterminating services; 1392 |
---|
1881 | | - | (AA) Swimming pool cleaning and maintenance services; 1393 |
---|
1882 | | - | (BB) Miscellaneous personal services included in industry group 729 1394 |
---|
1883 | | - | in the Standard Industrial Classification Manual, United States Office 1395 |
---|
1884 | | - | of Management and Budget, 1987 edition, or industry group 532220, 1396 Substitute Bill No. 877 |
---|
1885 | | - | |
---|
1886 | | - | |
---|
1887 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1888 | | - | R01-SB.docx } |
---|
1889 | | - | 51 of 104 |
---|
1890 | | - | |
---|
1891 | | - | 812191, 812199 or 812990 of the North American Industry 1397 |
---|
1892 | | - | Classification System United States Manual, United States Office of 1398 |
---|
1893 | | - | Management and Budget (NAICS), 1997 edition, exclusive of (i) 1399 |
---|
1894 | | - | services rendered by massage therapists licensed pursuant to chapter 1400 |
---|
1895 | | - | 384a, and (ii) services rendered by an electrologist licensed pursuant to 1401 |
---|
1896 | | - | chapter 388; 1402 |
---|
1897 | | - | (CC) Any repair or maintenance service to any item of tangible 1403 |
---|
1898 | | - | personal property including any contract of warranty or service related 1404 |
---|
1899 | | - | to any such item; 1405 |
---|
1900 | | - | (DD) Business analysis, management or managing consulting 1406 |
---|
1901 | | - | services rendered by a general partner, or an affiliate thereof, to a 1407 |
---|
1902 | | - | limited partnership, provided (i) the general partner, or an affiliate 1408 |
---|
1903 | | - | thereof, is compensated for the rendition of such services other than 1409 |
---|
1904 | | - | through a distributive share of partnership profits or an annual 1410 |
---|
1905 | | - | percentage of partnership capital or assets established in the limited 1411 |
---|
1906 | | - | partnership's offering statement, and (ii) the general partner, or an 1412 |
---|
1907 | | - | affiliate thereof, offers such services to others, including any other 1413 |
---|
1908 | | - | partnership. As used in this subparagraph "an affiliate of a general 1414 |
---|
1909 | | - | partner" means an entity which is directly or indirectly owned fifty per 1415 |
---|
1910 | | - | cent or more in common with a general partner; 1416 |
---|
1911 | | - | (EE) Notwithstanding the provisions of section 12-412, as amended 1417 |
---|
1912 | | - | by this act, except subdivision (87) of said section 12-412, patient care 1418 |
---|
1913 | | - | services, as defined in subdivision (29) of this subsection by a hospital, 1419 |
---|
1914 | | - | except that "sale" and "selling" does not include such patient care 1420 |
---|
1915 | | - | services for which payment is received by the hospital during the 1421 |
---|
1916 | | - | period commencing July 1, 2001, and ending June 30, 2003; 1422 |
---|
1917 | | - | (FF) Health and athletic club services, exclusive of (i) any such 1423 |
---|
1918 | | - | services provided without any additional charge which are included in 1424 |
---|
1919 | | - | any dues or initiation fees paid to any such club, which dues or fees 1425 |
---|
1920 | | - | are subject to tax under section 12-543, and (ii) any such services 1426 |
---|
1921 | | - | provided by a municipality or an organization that is described in 1427 |
---|
1922 | | - | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 1428 Substitute Bill No. 877 |
---|
1923 | | - | |
---|
1924 | | - | |
---|
1925 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1926 | | - | R01-SB.docx } |
---|
1927 | | - | 52 of 104 |
---|
1928 | | - | |
---|
1929 | | - | corresponding internal revenue code of the United States, as amended 1429 |
---|
1930 | | - | from time to time; 1430 |
---|
1931 | | - | (GG) Motor vehicle storage services, including storage of motor 1431 |
---|
1932 | | - | homes, campers and camp trailers, other than the furnishing of space 1432 |
---|
1933 | | - | as described in subparagraph (P) of subdivision (2) of this subsection; 1433 |
---|
1934 | | - | (HH) Packing and crating services, other than those provided in 1434 |
---|
1935 | | - | connection with the sale of tangible personal property by the retailer of 1435 |
---|
1936 | | - | such property; 1436 |
---|
1937 | | - | (II) Motor vehicle towing and road services, other than motor 1437 |
---|
1938 | | - | vehicle repair services; 1438 |
---|
1939 | | - | (JJ) Intrastate transportation services provided by livery services, 1439 |
---|
1940 | | - | including limousines, community cars or vans, with a driver. Intrastate 1440 |
---|
1941 | | - | transportation services shall not include transportation by taxicab, 1441 |
---|
1942 | | - | motor bus, ambulance or ambulette, scheduled public transportation, 1442 |
---|
1943 | | - | nonemergency medical transportation provided under the Medicaid 1443 |
---|
1944 | | - | program, paratransit services provided by agreement or arrangement 1444 |
---|
1945 | | - | with the state or any political subdivision of the state, dial-a-ride 1445 |
---|
1946 | | - | services or services provided in connection with funerals; 1446 |
---|
1947 | | - | (KK) Pet grooming and pet boarding services, except if such services 1447 |
---|
1948 | | - | are provided as an integral part of professional veterinary services, 1448 |
---|
1949 | | - | and pet obedience services; 1449 |
---|
1950 | | - | (LL) Services in connection with a cosmetic medical procedure. For 1450 |
---|
1951 | | - | purposes of this subparagraph, "cosmetic medical procedure" means 1451 |
---|
1952 | | - | any medical procedure performed on an individual that is directed at 1452 |
---|
1953 | | - | improving the individual's appearance and that does not meaningfully 1453 |
---|
1954 | | - | promote the proper function of the body or prevent or treat illness or 1454 |
---|
1955 | | - | disease. "Cosmetic medical procedure" includes, but is not limited to, 1455 |
---|
1956 | | - | cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft 1456 |
---|
1957 | | - | tissue fillers, dermabrasion and chemical peel, laser hair removal, laser 1457 |
---|
1958 | | - | skin resurfacing, laser treatment of leg veins and sclerotherapy. 1458 |
---|
1959 | | - | "Cosmetic medical procedure" does not include reconstructive surgery. 1459 Substitute Bill No. 877 |
---|
1960 | | - | |
---|
1961 | | - | |
---|
1962 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1963 | | - | R01-SB.docx } |
---|
1964 | | - | 53 of 104 |
---|
1965 | | - | |
---|
1966 | | - | "Reconstructive surgery" includes any surgery performed on abnormal 1460 |
---|
1967 | | - | structures caused by or related to congenital defects, developmental 1461 |
---|
1968 | | - | abnormalities, trauma, infection, tumors or disease, including 1462 |
---|
1969 | | - | procedures to improve function or give a more normal appearance; 1463 |
---|
1970 | | - | (MM) Manicure services, pedicure services and all other nail 1464 |
---|
1971 | | - | services, regardless of where performed, including airbrushing, fills, 1465 |
---|
1972 | | - | full sets, nail sculpting, paraffin treatments and polishes; 1466 |
---|
1973 | | - | (NN) Spa services, regardless of where performed, including body 1467 |
---|
1974 | | - | waxing and wraps, peels, scrubs and facials; 1468 |
---|
1975 | | - | (OO) Car wash services, including coin-operated car washes; 1469 |
---|
1976 | | - | (PP) Prearranged rides that originate in this state, provided by 1470 |
---|
1977 | | - | transportation network companies. As used in this subparagraph, 1471 |
---|
1978 | | - | "prearranged ride" and "transportation network company" have the 1472 |
---|
1979 | | - | same meanings as provided in section 13b-116; [.] 1473 |
---|
1980 | | - | (QQ) Dry cleaning services and laundry services, excluding coin-1474 |
---|
1981 | | - | operated services; 1475 |
---|
1982 | | - | (RR) Interior design services described in industry group 54141 of 1476 |
---|
1983 | | - | the NAICS, 2017 edition, as amended from time to time. 1477 |
---|
1984 | | - | Sec. 18. Section 12-412 of the general statutes is amended by adding 1478 |
---|
1985 | | - | subdivision (124) as follows (Effective January 1, 2020, and applicable to 1479 |
---|
1986 | | - | sales occurring on or after January 1, 2020): 1480 |
---|
1987 | | - | (NEW) (124) (A) Sales of interior design services set forth in 1481 |
---|
1988 | | - | subparagraph (RR) of subdivision (37) of subsection (a) of section 12-1482 |
---|
1989 | | - | 407, as amended by this act, that are purchased by a business for use 1483 |
---|
1990 | | - | by such business. 1484 |
---|
1991 | | - | (B) To qualify for such exemption, each purchaser of the services 1485 |
---|
1992 | | - | exempt pursuant to the provisions of this subdivision shall present a 1486 |
---|
1993 | | - | certificate to the retailer, in such form as the commissioner may 1487 Substitute Bill No. 877 |
---|
1994 | | - | |
---|
1995 | | - | |
---|
1996 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
1997 | | - | R01-SB.docx } |
---|
1998 | | - | 54 of 104 |
---|
1999 | | - | |
---|
2000 | | - | prescribe, certifying that the purchaser is a business and is purchasing 1488 |
---|
2001 | | - | such services for its business. The purchaser of the services shall be 1489 |
---|
2002 | | - | liable for the tax otherwise imposed if the certificate is improperly 1490 |
---|
2003 | | - | provided to the seller, and any person who wilfully delivers a 1491 |
---|
2004 | | - | certificate that is known to be fraudulent or false in any material 1492 |
---|
2005 | | - | matter to a seller shall, in addition to any other penalty provided by 1493 |
---|
2006 | | - | law, be guilty of a class D felony. 1494 |
---|
2007 | | - | Sec. 19. (NEW) (Effective July 1, 2019) (a) The Commissioner of 1495 |
---|
2008 | | - | Revenue Services shall require taxpayers required to collect the tax 1496 |
---|
2009 | | - | under chapter 219 of the general statutes to enter into an agreement 1497 |
---|
2010 | | - | with an electronic payment processing company to provide automated 1498 |
---|
2011 | | - | sales tax collection and remittance, whereby such company (1) 1499 |
---|
2012 | | - | segregates an amount equal to the sales tax, if any, for each sales 1500 |
---|
2013 | | - | transaction payment processed by such company, and (2) remits such 1501 |
---|
2014 | | - | amount automatically to the Department of Revenue Services within 1502 |
---|
2015 | | - | twenty-four hours after such sales transaction. 1503 |
---|
2016 | | - | (b) The commissioner may issue a request for proposals to evaluate 1504 |
---|
2017 | | - | companies that are eligible to provide automated sales tax collection 1505 |
---|
2018 | | - | and remittance and shall publish annually a list of such companies that 1506 |
---|
2019 | | - | are approved by the commissioner. 1507 |
---|
2020 | | - | Sec. 20. Section 12-704c of the general statutes is repealed and the 1508 |
---|
2021 | | - | following is substituted in lieu thereof (Effective from passage): 1509 |
---|
2022 | | - | (a) Any resident of this state, as defined in subdivision (1) of 1510 |
---|
2023 | | - | subsection (a) of section 12-701, subject to the tax under this chapter for 1511 |
---|
2024 | | - | any taxable year shall be entitled to a credit in determining the amount 1512 |
---|
2025 | | - | of tax liability under this chapter, for all or a portion, as permitted by 1513 |
---|
2026 | | - | this section, of the amount of property tax, as defined in this section, 1514 |
---|
2027 | | - | first becoming due and actually paid during such taxable year by such 1515 |
---|
2028 | | - | person on such person's primary residence or motor vehicle in 1516 |
---|
2029 | | - | accordance with the provisions of this section, provided in the case of a 1517 |
---|
2030 | | - | person who files a return under the federal income tax for such taxable 1518 |
---|
2031 | | - | year as an unmarried individual, a married individual filing separately 1519 Substitute Bill No. 877 |
---|
2032 | | - | |
---|
2033 | | - | |
---|
2034 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2035 | | - | R01-SB.docx } |
---|
2036 | | - | 55 of 104 |
---|
2037 | | - | |
---|
2038 | | - | or a head of household, one motor vehicle shall be eligible for such 1520 |
---|
2039 | | - | credit and in the case of a husband and wife who file a return under 1521 |
---|
2040 | | - | federal income tax for such taxable year as married individuals filing 1522 |
---|
2041 | | - | jointly, no more than two motor vehicles shall be eligible for a credit 1523 |
---|
2042 | | - | under the provisions of this section. 1524 |
---|
2043 | | - | (b) (1) The credit allowed under this section shall not exceed (A) [for 1525 |
---|
2044 | | - | taxable years commencing on or after January 1, 2006, but prior to 1526 |
---|
2045 | | - | January 1, 2011, five hundred dollars; (B)] for taxable years 1527 |
---|
2046 | | - | commencing on or after January 1, 2011, but prior to January 1, 2016, 1528 |
---|
2047 | | - | three hundred dollars; and [(C)] (B) for taxable years commencing on 1529 |
---|
2048 | | - | or after January 1, 2016, two hundred dollars. In the case of any 1530 |
---|
2049 | | - | husband and wife who file a return under the federal income tax for 1531 |
---|
2050 | | - | such taxable year as married individuals filing a joint return, the credit 1532 |
---|
2051 | | - | allowed, in the aggregate, shall not exceed such [amounts] amount for 1533 |
---|
2052 | | - | each such taxable year. 1534 |
---|
2053 | | - | (2) Notwithstanding the provisions of subsection (a) of this section, 1535 |
---|
2054 | | - | for the taxable years commencing January 1, 2017, [and January 1, 1536 |
---|
2055 | | - | 2018] to January 1, 2020, inclusive, the credit under this section shall be 1537 |
---|
2056 | | - | allowed only for a resident of this state (A) who has attained age sixty-1538 |
---|
2057 | | - | five before the close of the applicable taxable year, or (B) who files a 1539 |
---|
2058 | | - | return under the federal income tax for the applicable taxable year 1540 |
---|
2059 | | - | validly claiming one or more dependents. 1541 |
---|
2060 | | - | [(c) (1) (A) For taxable years commencing prior to January 1, 2000, in 1542 |
---|
2061 | | - | the case of any such taxpayer who files under the federal income tax 1543 |
---|
2062 | | - | for such taxable year as an unmarried individual whose Connecticut 1544 |
---|
2063 | | - | adjusted gross income exceeds fifty-two thousand five hundred 1545 |
---|
2064 | | - | dollars, the amount of the credit that exceeds one hundred dollars shall 1546 |
---|
2065 | | - | be reduced by ten per cent for each ten thousand dollars, or fraction 1547 |
---|
2066 | | - | thereof, by which the taxpayer's Connecticut adjusted gross income 1548 |
---|
2067 | | - | exceeds said amount. 1549 |
---|
2068 | | - | (B) For taxable years commencing on or after January 1, 2000, but 1550 |
---|
2069 | | - | prior to January 1, 2001, in the case of any such taxpayer who files 1551 Substitute Bill No. 877 |
---|
2070 | | - | |
---|
2071 | | - | |
---|
2072 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2073 | | - | R01-SB.docx } |
---|
2074 | | - | 56 of 104 |
---|
2075 | | - | |
---|
2076 | | - | under the federal income tax for such taxable year as an unmarried 1552 |
---|
2077 | | - | individual whose Connecticut adjusted gross income exceeds fifty-1553 |
---|
2078 | | - | three thousand five hundred dollars, the amount of the credit that 1554 |
---|
2079 | | - | exceeds one hundred dollars shall be reduced by ten per cent for each 1555 |
---|
2080 | | - | ten thousand dollars, or fraction thereof, by which the taxpayer's 1556 |
---|
2081 | | - | Connecticut adjusted gross income exceeds said amount. 1557 |
---|
2082 | | - | (C) For taxable years commencing on or after January 1, 2001, but 1558 |
---|
2083 | | - | prior to January 1, 2004, in the case of any such taxpayer who files 1559 |
---|
2084 | | - | under the federal income tax for such taxable year as an unmarried 1560 |
---|
2085 | | - | individual whose Connecticut adjusted gross income exceeds fifty-four 1561 |
---|
2086 | | - | thousand five hundred dollars, the amount of the credit shall be 1562 |
---|
2087 | | - | reduced by ten per cent for each ten thousand dollars, or fraction 1563 |
---|
2088 | | - | thereof, by which the taxpayer's Connecticut adjusted gross income 1564 |
---|
2089 | | - | exceeds said amount. 1565 |
---|
2090 | | - | (D) For taxable years commencing on or after January 1, 2004, but 1566 |
---|
2091 | | - | prior to January 1, 2007, in the case of any such taxpayer who files 1567 |
---|
2092 | | - | under the federal income tax for such taxable year as an unmarried 1568 |
---|
2093 | | - | individual whose Connecticut adjusted gross income exceeds fifty-five 1569 |
---|
2094 | | - | thousand dollars, the amount of the credit shall be reduced by ten per 1570 |
---|
2095 | | - | cent for each ten thousand dollars, or fraction thereof, by which the 1571 |
---|
2096 | | - | taxpayer's Connecticut adjusted gross income exceeds said amount. 1572 |
---|
2097 | | - | (E) For taxable years commencing on or after January 1, 2007, but 1573 |
---|
2098 | | - | prior to January 1, 2008, in the case of any such taxpayer who files 1574 |
---|
2099 | | - | under the federal income tax for such taxable year as an unmarried 1575 |
---|
2100 | | - | individual whose Connecticut adjusted gross income exceeds fifty-five 1576 |
---|
2101 | | - | thousand five hundred dollars, the amount of the credit shall be 1577 |
---|
2102 | | - | reduced by ten per cent for each ten thousand dollars, or fraction 1578 |
---|
2103 | | - | thereof, by which the taxpayer's Connecticut adjusted gross income 1579 |
---|
2104 | | - | exceeds said amount. 1580 |
---|
2105 | | - | (F) For taxable years commencing on or after January 1, 2008, but 1581 |
---|
2106 | | - | prior to January 1, 2011, in the case of any such taxpayer who files 1582 |
---|
2107 | | - | under the federal income tax for such taxable year as an unmarried 1583 Substitute Bill No. 877 |
---|
2108 | | - | |
---|
2109 | | - | |
---|
2110 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2111 | | - | R01-SB.docx } |
---|
2112 | | - | 57 of 104 |
---|
2113 | | - | |
---|
2114 | | - | individual whose Connecticut adjusted gross income exceeds fifty-six 1584 |
---|
2115 | | - | thousand five hundred dollars, the amount of the credit shall be 1585 |
---|
2116 | | - | reduced by ten per cent for each ten thousand dollars, or fraction 1586 |
---|
2117 | | - | thereof, by which the taxpayer's Connecticut adjusted gross income 1587 |
---|
2118 | | - | exceeds said amount.] 1588 |
---|
2119 | | - | [(G)] (c) (1) (A) For taxable years commencing on or after January 1, 1589 |
---|
2120 | | - | 2011, but prior to January 1, 2013, in the case of any such taxpayer who 1590 |
---|
2121 | | - | files under the federal income tax for such taxable year as an 1591 |
---|
2122 | | - | unmarried individual whose Connecticut adjusted gross income 1592 |
---|
2123 | | - | exceeds fifty-six thousand five hundred dollars, the amount of the 1593 |
---|
2124 | | - | credit shall be reduced by fifteen per cent for each ten thousand 1594 |
---|
2125 | | - | dollars, or fraction thereof, by which the taxpayer's Connecticut 1595 |
---|
2126 | | - | adjusted gross income exceeds said amount. 1596 |
---|
2127 | | - | [(H)] (B) For taxable years commencing on or after January 1, 2013, 1597 |
---|
2128 | | - | but prior to January 1, 2014, in the case of any such taxpayer who files 1598 |
---|
2129 | | - | under the federal income tax for such taxable year as an unmarried 1599 |
---|
2130 | | - | individual whose Connecticut adjusted gross income exceeds sixty 1600 |
---|
2131 | | - | thousand five hundred dollars, the amount of the credit shall be 1601 |
---|
2132 | | - | reduced by fifteen per cent for each ten thousand dollars, or fraction 1602 |
---|
2133 | | - | thereof, by which the taxpayer's Connecticut adjusted gross income 1603 |
---|
2134 | | - | exceeds said amount. 1604 |
---|
2135 | | - | [(I)] (C) For taxable years commencing on or after January 1, 2014, 1605 |
---|
2136 | | - | but prior to January 1, 2016, in the case of any such taxpayer who files 1606 |
---|
2137 | | - | under the federal income tax for such taxable year as an unmarried 1607 |
---|
2138 | | - | individual whose Connecticut adjusted gross income exceeds forty-1608 |
---|
2139 | | - | seven thousand five hundred dollars, the amount of the credit shall be 1609 |
---|
2140 | | - | reduced by fifteen per cent for each ten thousand dollars, or fraction 1610 |
---|
2141 | | - | thereof, by which the taxpayer's Connecticut adjusted gross income 1611 |
---|
2142 | | - | exceeds said amount. 1612 |
---|
2143 | | - | [(J)] (D) For taxable years commencing on or after January 1, 2016, in 1613 |
---|
2144 | | - | the case of any such taxpayer who files under the federal income tax 1614 |
---|
2145 | | - | for such taxable year as an unmarried individual whose Connecticut 1615 Substitute Bill No. 877 |
---|
2146 | | - | |
---|
2147 | | - | |
---|
2148 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2149 | | - | R01-SB.docx } |
---|
2150 | | - | 58 of 104 |
---|
2151 | | - | |
---|
2152 | | - | adjusted gross income exceeds forty-nine thousand five hundred 1616 |
---|
2153 | | - | dollars, the amount of the credit shall be reduced by fifteen per cent for 1617 |
---|
2154 | | - | each ten thousand dollars, or fraction thereof, by which the taxpayer's 1618 |
---|
2155 | | - | Connecticut adjusted gross income exceeds said amount. 1619 |
---|
2156 | | - | (2) In the case of any such taxpayer who files under the federal 1620 |
---|
2157 | | - | income tax for such taxable year as a married individual filing 1621 |
---|
2158 | | - | separately whose Connecticut adjusted gross income exceeds thirty-1622 |
---|
2159 | | - | five thousand two hundred fifty dollars, the amount of the credit shall 1623 |
---|
2160 | | - | be reduced by fifteen per cent for each five thousand dollars, or 1624 |
---|
2161 | | - | fraction thereof, by which the taxpayer's Connecticut adjusted gross 1625 |
---|
2162 | | - | income exceeds said amount. 1626 |
---|
2163 | | - | (3) In the case of a taxpayer who files under the federal income tax 1627 |
---|
2164 | | - | for such taxable year as a head of household whose Connecticut 1628 |
---|
2165 | | - | adjusted gross income exceeds fifty-four thousand five hundred 1629 |
---|
2166 | | - | dollars, the amount of the credit shall be reduced by fifteen per cent for 1630 |
---|
2167 | | - | each ten thousand dollars or fraction thereof, by which the taxpayer's 1631 |
---|
2168 | | - | Connecticut adjusted gross income exceeds said amount. 1632 |
---|
2169 | | - | (4) In the case of a taxpayer who files under federal income tax for 1633 |
---|
2170 | | - | such taxable year as married individuals filing jointly whose 1634 |
---|
2171 | | - | Connecticut adjusted gross income exceeds seventy thousand five 1635 |
---|
2172 | | - | hundred dollars, the amount of the credit shall be reduced by fifteen 1636 |
---|
2173 | | - | per cent for each ten thousand dollars, or fraction thereof, by which the 1637 |
---|
2174 | | - | taxpayer's Connecticut adjusted gross income exceeds said amount. 1638 |
---|
2175 | | - | (d) The credit allowed under the provisions of this section shall be 1639 |
---|
2176 | | - | available for any person leasing a motor vehicle pursuant to a written 1640 |
---|
2177 | | - | agreement for a term of more than one year. Such lessee shall be 1641 |
---|
2178 | | - | entitled to the credit in accordance with the provisions of this section 1642 |
---|
2179 | | - | for the taxes actually paid by the lessor or lessee on such leased 1643 |
---|
2180 | | - | vehicle, provided the lessee was lawfully in possession of the motor 1644 |
---|
2181 | | - | vehicle at such time when the taxes first became due. The lessor shall 1645 |
---|
2182 | | - | provide the lessee with documentation establishing, to the satisfaction 1646 |
---|
2183 | | - | of the Commissioner of Revenue Services, the amount of property tax 1647 Substitute Bill No. 877 |
---|
2184 | | - | |
---|
2185 | | - | |
---|
2186 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2187 | | - | R01-SB.docx } |
---|
2188 | | - | 59 of 104 |
---|
2189 | | - | |
---|
2190 | | - | paid during the time period in which the lessee was lawfully in 1648 |
---|
2191 | | - | possession of the motor vehicle. The lessor of the motor vehicle shall 1649 |
---|
2192 | | - | not be entitled to a credit under the provisions of this section. 1650 |
---|
2193 | | - | (e) The credit may only be used to reduce [such] a qualifying 1651 |
---|
2194 | | - | taxpayer's tax liability for the year for which such credit is applicable 1652 |
---|
2195 | | - | and shall not be used to reduce such tax liability to less than zero. 1653 |
---|
2196 | | - | (f) The amount of tax due pursuant to sections 12-705 and 12-722 1654 |
---|
2197 | | - | shall be calculated without regard to this credit. 1655 |
---|
2198 | | - | (g) For the purposes of this section: (1) "Property tax" means the 1656 |
---|
2199 | | - | amount of property tax exclusive of any interest, fees or charges 1657 |
---|
2200 | | - | thereon for which a taxpayer is liable, or in the case of any husband 1658 |
---|
2201 | | - | and wife who file a return under the federal income tax for such 1659 |
---|
2202 | | - | taxable year as married individuals filing a joint return, for which the 1660 |
---|
2203 | | - | husband or wife or both are liable, to a Connecticut political 1661 |
---|
2204 | | - | subdivision on the taxpayer's primary residence or motor vehicles; (2) 1662 |
---|
2205 | | - | "motor vehicle" means a motor vehicle, as defined in section 14-1, 1663 |
---|
2206 | | - | [which] that is privately owned or leased; and (3) property tax first 1664 |
---|
2207 | | - | becomes due, if due and payable in a single installment, on the date 1665 |
---|
2208 | | - | designated by the legislative body of the municipality as the date on 1666 |
---|
2209 | | - | which such installment shall be due and payable and, if due and 1667 |
---|
2210 | | - | payable in two or more installments, on the date designated by the 1668 |
---|
2211 | | - | legislative body of the municipality as the date on which such 1669 |
---|
2212 | | - | installment shall be due and payable or, at the election of the taxpayer, 1670 |
---|
2213 | | - | on the date designated by the legislative body of the municipality as 1671 |
---|
2214 | | - | the date on which any earlier installment of such tax shall be due and 1672 |
---|
2215 | | - | payable. 1673 |
---|
2216 | | - | Sec. 21. Section 12-498 of the general statutes is repealed and the 1674 |
---|
2217 | | - | following is substituted in lieu thereof (Effective July 1, 2019): 1675 |
---|
2218 | | - | (a) The tax imposed by section 12-494 shall not apply to: 1676 |
---|
2219 | | - | (1) Deeds which this state is prohibited from taxing under the 1677 |
---|
2220 | | - | Constitution or laws of the United States; 1678 Substitute Bill No. 877 |
---|
2221 | | - | |
---|
2222 | | - | |
---|
2223 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2224 | | - | R01-SB.docx } |
---|
2225 | | - | 60 of 104 |
---|
2226 | | - | |
---|
2227 | | - | (2) [deeds] Deeds which secure a debt or other obligation; 1679 |
---|
2228 | | - | (3) [deeds] Deeds to which this state or any of its political 1680 |
---|
2229 | | - | subdivisions or its or their respective agencies is a party; 1681 |
---|
2230 | | - | (4) [tax] Tax deeds; 1682 |
---|
2231 | | - | (5) [deeds] Deeds of release of property which is security for a debt 1683 |
---|
2232 | | - | or other obligation; 1684 |
---|
2233 | | - | (6) [deeds] Deeds of partition; 1685 |
---|
2234 | | - | (7) [deeds] Deeds made pursuant to mergers of corporations; 1686 |
---|
2235 | | - | (8) [deeds] Deeds made by a subsidiary corporation to its parent 1687 |
---|
2236 | | - | corporation for no consideration other than the cancellation or 1688 |
---|
2237 | | - | surrender of the subsidiary's stock; 1689 |
---|
2238 | | - | (9) [deeds] Deeds made pursuant to a decree of the Superior Court 1690 |
---|
2239 | | - | under section 46b-81, 49-24 or 52-495 or pursuant to a judgment of 1691 |
---|
2240 | | - | foreclosure by market sale under section 49-24 or pursuant to a 1692 |
---|
2241 | | - | judgment of loss mitigation under section 49-30t or 49-30u; 1693 |
---|
2242 | | - | (10) [deeds] Deeds, when the consideration for the interest or 1694 |
---|
2243 | | - | property conveyed is less than two thousand dollars; 1695 |
---|
2244 | | - | (11) [deeds] Deeds between affiliated corporations, provided both of 1696 |
---|
2245 | | - | such corporations are exempt from taxation pursuant to paragraph (2), 1697 |
---|
2246 | | - | (3) or (25) of Section 501(c) of the Internal Revenue Code of 1986, or 1698 |
---|
2247 | | - | any subsequent corresponding internal revenue code of the United 1699 |
---|
2248 | | - | States, as amended from time to time; [amended;] 1700 |
---|
2249 | | - | (12) [deeds] Deeds made by a corporation which is exempt from 1701 |
---|
2250 | | - | taxation pursuant to paragraph (3) of Section 501(c) of the Internal 1702 |
---|
2251 | | - | Revenue Code of 1986, or any subsequent corresponding internal 1703 |
---|
2252 | | - | revenue code of the United States, as amended from time to time, 1704 |
---|
2253 | | - | [amended,] to any corporation which is exempt from taxation 1705 |
---|
2254 | | - | pursuant to said paragraph (3) of said Section 501(c); 1706 Substitute Bill No. 877 |
---|
2255 | | - | |
---|
2256 | | - | |
---|
2257 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2258 | | - | R01-SB.docx } |
---|
2259 | | - | 61 of 104 |
---|
2260 | | - | |
---|
2261 | | - | (13) [deeds] Deeds made to any nonprofit organization which is 1707 |
---|
2262 | | - | organized for the purpose of holding undeveloped land in trust for 1708 |
---|
2263 | | - | conservation or recreation purposes; 1709 |
---|
2264 | | - | (14) [deeds] Deeds between spouses; 1710 |
---|
2265 | | - | (15) [deeds] Deeds of property for the Adriaen's Landing site or the 1711 |
---|
2266 | | - | stadium facility site, for purposes of the overall project, each as defined 1712 |
---|
2267 | | - | in section 32-651; 1713 |
---|
2268 | | - | (16) [land] Land transfers made on or after July 1, 1998, to a water 1714 |
---|
2269 | | - | company, as defined in section 16-1, provided the land is classified as 1715 |
---|
2270 | | - | class I or class II land, as defined in section 25-37c, after such transfer; 1716 |
---|
2271 | | - | (17) [transfers] Transfers or conveyances to effectuate a mere change 1717 |
---|
2272 | | - | of identity or form of ownership or organization, where there is no 1718 |
---|
2273 | | - | change in beneficial ownership; 1719 |
---|
2274 | | - | (18) [conveyances] Conveyances of residential property which occur 1720 |
---|
2275 | | - | not later than six months after the date on which the property was 1721 |
---|
2276 | | - | previously conveyed to the transferor if the transferor is (A) an 1722 |
---|
2277 | | - | employer which acquired the property from an employee pursuant to 1723 |
---|
2278 | | - | an employee relocation plan, or (B) an entity in the business of 1724 |
---|
2279 | | - | purchasing and selling residential property of employees who are 1725 |
---|
2280 | | - | being relocated pursuant to such a plan; 1726 |
---|
2281 | | - | (19) [deeds] Deeds in lieu of foreclosure that transfer the transferor's 1727 |
---|
2282 | | - | principal residence; [and] 1728 |
---|
2283 | | - | (20) [any] Any instrument [transferring a] that transfers the 1729 |
---|
2284 | | - | transferor's principal residence where the gross purchase price is 1730 |
---|
2285 | | - | insufficient to pay the sum of (A) mortgages encumbering the property 1731 |
---|
2286 | | - | transferred, and (B) any real property taxes and municipal utility or 1732 |
---|
2287 | | - | other charges for which the municipality may place a lien on the 1733 |
---|
2288 | | - | property and which have priority over the mortgages encumbering the 1734 |
---|
2289 | | - | property transferred; [.] and 1735 Substitute Bill No. 877 |
---|
2290 | | - | |
---|
2291 | | - | |
---|
2292 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2293 | | - | R01-SB.docx } |
---|
2294 | | - | 62 of 104 |
---|
2295 | | - | |
---|
2296 | | - | (21) Deeds that transfer the transferor's principal residence, where 1736 |
---|
2297 | | - | such residence has a concrete foundation that has deteriorated due to 1737 |
---|
2298 | | - | the presence of pyrrhotite and such transferor has obtained a written 1738 |
---|
2299 | | - | evaluation from a professional engineer licensed pursuant to chapter 1739 |
---|
2300 | | - | 391 indicating that the foundation of such residence was made with 1740 |
---|
2301 | | - | defective concrete. The exemption authorized under this subdivision 1741 |
---|
2302 | | - | shall (A) apply to the first transfer of such residence after such written 1742 |
---|
2303 | | - | evaluation has been obtained, and (B) not be available to a transferor 1743 |
---|
2304 | | - | who has received financial assistance to repair or replace such 1744 |
---|
2305 | | - | foundation from the Crumbling Foundations Assistance Fund 1745 |
---|
2306 | | - | established under section 8-441. 1746 |
---|
2307 | | - | (b) The tax imposed by subdivision (1) of subsection (a) of section 1747 |
---|
2308 | | - | 12-494 shall not apply to: 1748 |
---|
2309 | | - | (1) [deeds] Deeds of the principal residence of any person approved 1749 |
---|
2310 | | - | for assistance under section 12-129b or 12-170aa for the current 1750 |
---|
2311 | | - | assessment year of the municipality in which such person resides or to 1751 |
---|
2312 | | - | any such transfer which occurs within fifteen months of the 1752 |
---|
2313 | | - | completion of any municipal assessment year for which such person 1753 |
---|
2314 | | - | qualified for such assistance; 1754 |
---|
2315 | | - | (2) [deeds] Deeds of property located in an area designated as an 1755 |
---|
2316 | | - | enterprise zone in accordance with section 32-70; and 1756 |
---|
2317 | | - | (3) [deeds] Deeds of property located in an entertainment district 1757 |
---|
2318 | | - | designated under section 32-76 or established under section 2 of public 1758 |
---|
2319 | | - | act 93-311. 1759 |
---|
2320 | | - | Sec. 22. Subsection (b) of section 12-284b of the general statutes is 1760 |
---|
2321 | | - | repealed and the following is substituted in lieu thereof (Effective from 1761 |
---|
2322 | | - | passage and applicable to taxable years commencing on or after January 1, 1762 |
---|
2323 | | - | 2019): 1763 |
---|
2324 | | - | (b) Each limited liability company, limited liability partnership, 1764 |
---|
2325 | | - | limited partnership and S corporation shall be liable for the tax 1765 |
---|
2326 | | - | imposed by this section for each taxable year or portion thereof that 1766 Substitute Bill No. 877 |
---|
2327 | | - | |
---|
2328 | | - | |
---|
2329 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2330 | | - | R01-SB.docx } |
---|
2331 | | - | 63 of 104 |
---|
2332 | | - | |
---|
2333 | | - | such company, partnership or corporation is an affected business 1767 |
---|
2334 | | - | entity. For taxable years commencing prior to January 1, 2013, each 1768 |
---|
2335 | | - | affected business entity shall annually, on or before the fifteenth day of 1769 |
---|
2336 | | - | the fourth month following the close of its taxable year, pay to the 1770 |
---|
2337 | | - | Commissioner of Revenue Services a tax in the amount of two 1771 |
---|
2338 | | - | hundred fifty dollars. For taxable years commencing on or after 1772 |
---|
2339 | | - | January 1, 2013, but prior to January 1, 2019, each affected business 1773 |
---|
2340 | | - | entity shall, on or before the fifteenth day of the fourth month 1774 |
---|
2341 | | - | following the close of every other taxable year, pay to the 1775 |
---|
2342 | | - | Commissioner of Revenue Services a tax in the amount of two 1776 |
---|
2343 | | - | hundred fifty dollars. 1777 |
---|
2344 | | - | Sec. 23. Subdivision (2) of subsection (e) of section 12-217jj of the 1778 |
---|
2345 | | - | general statutes is repealed and the following is substituted in lieu 1779 |
---|
2346 | | - | thereof (Effective from passage and applicable to taxable years commencing 1780 |
---|
2347 | | - | on or after January 1, 2019): 1781 |
---|
2348 | | - | (2) Notwithstanding the provisions of subdivision (1) of this 1782 |
---|
2349 | | - | subsection, any entity that is not subject to tax under this chapter or 1783 |
---|
2350 | | - | chapter 207 shall not be subject to the limitations on the transfer of 1784 |
---|
2351 | | - | credits provided in subparagraphs (B) and (C) of said subdivision (1), 1785 |
---|
2352 | | - | provided such entity owns not less than fifty per cent, directly or 1786 |
---|
2353 | | - | indirectly, of a business entity, [subject to tax under] as defined in 1787 |
---|
2354 | | - | section 12-284b, as amended by this act. 1788 |
---|
2355 | | - | Sec. 24. Subdivision (1) of subsection (a) of section 12-219 of the 1789 |
---|
2356 | | - | general statutes is repealed and the following is substituted in lieu 1790 |
---|
2357 | | - | thereof (Effective from passage): 1791 |
---|
2358 | | - | (a) (1) Each company subject to the provisions of this part shall pay 1792 |
---|
2359 | | - | for the privilege of carrying on or doing business within the state, the 1793 |
---|
2360 | | - | larger of the tax, if any, imposed by section 12-214, as amended by this 1794 |
---|
2361 | | - | act, and the tax calculated under this subsection. The tax calculated 1795 |
---|
2362 | | - | under this section shall be a tax of (A) three and one-tenth mills per 1796 |
---|
2363 | | - | dollar for [each income year] income years commencing prior to 1797 |
---|
2364 | | - | January 1, 2020, (B) two and six-tenths mills per dollar for the income 1798 Substitute Bill No. 877 |
---|
2365 | | - | |
---|
2366 | | - | |
---|
2367 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2368 | | - | R01-SB.docx } |
---|
2369 | | - | 64 of 104 |
---|
2370 | | - | |
---|
2371 | | - | year commencing on or after January 1, 2020, and prior to January 1, 1799 |
---|
2372 | | - | 2021, (C) two and one-tenth mills per dollar for the income year 1800 |
---|
2373 | | - | commencing on or after January 1, 2021, and prior to January 1, 2022, 1801 |
---|
2374 | | - | (D) one and one-tenth mills per dollar for the income year 1802 |
---|
2375 | | - | commencing on or after January 1, 2022, and prior to January 1, 2023, 1803 |
---|
2376 | | - | and (E) zero mills per dollar for income years commencing on or after 1804 |
---|
2377 | | - | January 1, 2023, of the amount derived [(A)] (i) by adding [(i)] (I) the 1805 |
---|
2378 | | - | average value of the issued and outstanding capital stock, including 1806 |
---|
2379 | | - | treasury stock at par or face value, fractional shares, scrip certificates 1807 |
---|
2380 | | - | convertible into shares of stock and amounts received on subscriptions 1808 |
---|
2381 | | - | to capital stock, computed on the balances at the beginning and end of 1809 |
---|
2382 | | - | the taxable year or period, the average value of surplus and undivided 1810 |
---|
2383 | | - | profit computed on the balances at the beginning and end of the 1811 |
---|
2384 | | - | taxable year or period, and [(ii)] (II) the average value of all surplus 1812 |
---|
2385 | | - | reserves computed on the balances at the beginning and end of the 1813 |
---|
2386 | | - | taxable year or period, [(B)] (ii) by subtracting from the sum so 1814 |
---|
2387 | | - | calculated [(i)] (I) the average value of any deficit carried on the 1815 |
---|
2388 | | - | balance sheet computed on the balances at the beginning and end of 1816 |
---|
2389 | | - | the taxable year or period, and [(ii)] (II) the average value of any 1817 |
---|
2390 | | - | holdings of stock of private corporations including treasury stock 1818 |
---|
2391 | | - | shown on the balance sheet computed on the balances at the beginning 1819 |
---|
2392 | | - | and end of the taxable year or period, and [(C)] (iii) by apportioning 1820 |
---|
2393 | | - | the remainder so derived between this and other states under the 1821 |
---|
2394 | | - | provisions of section 12-219a, provided in no event shall the tax so 1822 |
---|
2395 | | - | calculated exceed one million dollars or be less than two hundred fifty 1823 |
---|
2396 | | - | dollars. 1824 |
---|
2397 | | - | Sec. 25. Subdivision (8) of subsection (b) of section 12-214 of the 1825 |
---|
2398 | | - | general statutes is repealed and the following is substituted in lieu 1826 |
---|
2399 | | - | thereof (Effective from passage and applicable to income years commencing 1827 |
---|
2400 | | - | on or after January 1, 2019): 1828 |
---|
2401 | | - | (8) (A) With respect to income years commencing on or after 1829 |
---|
2402 | | - | January 1, 2018, and prior to January 1, [2019] 2021, any company 1830 |
---|
2403 | | - | subject to the tax imposed in accordance with subsection (a) of this 1831 Substitute Bill No. 877 |
---|
2404 | | - | |
---|
2405 | | - | |
---|
2406 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2407 | | - | R01-SB.docx } |
---|
2408 | | - | 65 of 104 |
---|
2409 | | - | |
---|
2410 | | - | section shall pay, for such income year, except when the tax so 1832 |
---|
2411 | | - | calculated is equal to two hundred fifty dollars, an additional tax in an 1833 |
---|
2412 | | - | amount equal to ten per cent of the tax calculated under said 1834 |
---|
2413 | | - | subsection (a) for such income year, without reduction of the tax so 1835 |
---|
2414 | | - | calculated by the amount of any credit against such tax. The additional 1836 |
---|
2415 | | - | amount of tax determined under this subsection for any income year 1837 |
---|
2416 | | - | shall constitute a part of the tax imposed by the provisions of said 1838 |
---|
2417 | | - | subsection (a) and shall become due and be paid, collected and 1839 |
---|
2418 | | - | enforced as provided in this chapter. 1840 |
---|
2419 | | - | (B) Any company whose gross income for the income year was less 1841 |
---|
2420 | | - | than one hundred million dollars shall not be subject to the additional 1842 |
---|
2421 | | - | tax imposed under subparagraph (A) of this subdivision. This 1843 |
---|
2422 | | - | exception shall not apply to taxable members of a combined group that 1844 |
---|
2423 | | - | files a combined unitary tax return. 1845 |
---|
2424 | | - | Sec. 26. Section 12-214 of the general statutes is amended by adding 1846 |
---|
2425 | | - | subsection (d) as follows (Effective from passage): 1847 |
---|
2426 | | - | (NEW) (d) The provisions of section 12-242d shall not apply to any 1848 |
---|
2427 | | - | additional tax due as a result of the change made to subparagraph (A) 1849 |
---|
2428 | | - | of subdivision (8) of subsection (b) of this section pursuant to section 1850 |
---|
2429 | | - | 25 of this act for any income year commencing prior to the effective 1851 |
---|
2430 | | - | date of section 25 of this act. 1852 |
---|
2431 | | - | Sec. 27. Subdivision (8) of subsection (b) of section 12-219 of the 1853 |
---|
2432 | | - | general statutes is repealed and the following is substituted in lieu 1854 |
---|
2433 | | - | thereof (Effective from passage and applicable to income years commencing 1855 |
---|
2434 | | - | on or after January 1, 2019): 1856 |
---|
2435 | | - | (8) (A) With respect to income years commencing on or after 1857 |
---|
2436 | | - | January 1, 2018, and prior to January 1, [2019] 2021, the additional tax 1858 |
---|
2437 | | - | imposed on any company and calculated in accordance with 1859 |
---|
2438 | | - | subsection (a) of this section shall, for such income year, except when 1860 |
---|
2439 | | - | the tax so calculated is equal to two hundred fifty dollars, be increased 1861 |
---|
2440 | | - | by adding thereto an amount equal to ten per cent of the additional tax 1862 Substitute Bill No. 877 |
---|
2441 | | - | |
---|
2442 | | - | |
---|
2443 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2444 | | - | R01-SB.docx } |
---|
2445 | | - | 66 of 104 |
---|
2446 | | - | |
---|
2447 | | - | so calculated for such income year, without reduction of the tax so 1863 |
---|
2448 | | - | calculated by the amount of any credit against such tax. The increased 1864 |
---|
2449 | | - | amount of tax payable by any company under this section, as 1865 |
---|
2450 | | - | determined in accordance with this subsection, shall become due and 1866 |
---|
2451 | | - | be paid, collected and enforced as provided in this chapter. 1867 |
---|
2452 | | - | (B) Any company whose gross income for the income year was less 1868 |
---|
2453 | | - | than one hundred million dollars shall not be subject to the additional 1869 |
---|
2454 | | - | tax imposed under subparagraph (A) of this subdivision. This 1870 |
---|
2455 | | - | exception shall not apply to taxable members of a combined group that 1871 |
---|
2456 | | - | files a combined unitary tax return. 1872 |
---|
2457 | | - | Sec. 28. Section 12-219 of the general statutes is amended by adding 1873 |
---|
2458 | | - | subsection (f) as follows (Effective from passage): 1874 |
---|
2459 | | - | (NEW) (f) The provisions of section 12-242d shall not apply to any 1875 |
---|
2460 | | - | additional tax due as a result of the change made to subparagraph (A) 1876 |
---|
2461 | | - | of subdivision (8) of subsection (b) of this section pursuant to section 1877 |
---|
2462 | | - | 27 of this act for any income year commencing prior to the effective 1878 |
---|
2463 | | - | date of section 27 of this act. 1879 |
---|
2464 | | - | Sec. 29. Subdivision (1) of subsection (k) of section 12-218e of the 1880 |
---|
2465 | | - | general statutes is repealed and the following is substituted in lieu 1881 |
---|
2466 | | - | thereof (Effective from passage, and applicable to income years commencing 1882 |
---|
2467 | | - | on or after January 1, 2019): 1883 |
---|
2468 | | - | (k) (1) In the case of a combined group whose unitary business is 1884 |
---|
2469 | | - | primarily engaged in manufacturing, in no event shall the tax 1885 |
---|
2470 | | - | calculated for a combined group on a combined unitary basis, prior to 1886 |
---|
2471 | | - | surtax and application of credits, exceed the nexus combined base tax 1887 |
---|
2472 | | - | described in subdivision (2) of this subsection by more than two 1888 |
---|
2473 | | - | million five hundred thousand dollars. 1889 |
---|
2474 | | - | Sec. 30. Subsection (a) of section 34-38n of the general statutes is 1890 |
---|
2475 | | - | repealed and the following is substituted in lieu thereof (Effective July 1891 |
---|
2476 | | - | 1, 2019): 1892 Substitute Bill No. 877 |
---|
2477 | | - | |
---|
2478 | | - | |
---|
2479 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2480 | | - | R01-SB.docx } |
---|
2481 | | - | 67 of 104 |
---|
2482 | | - | |
---|
2483 | | - | (a) The Secretary of the State shall receive, for filing any document 1893 |
---|
2484 | | - | or certificate required to be filed under sections 34-10, 34-13a, 34-13e, 1894 |
---|
2485 | | - | 34-32, 34-32a, 34-32c, 34-38g and 34-38s, the following fees: (1) For 1895 |
---|
2486 | | - | reservation or cancellation of reservation of name, sixty dollars; (2) for 1896 |
---|
2487 | | - | a certificate of limited partnership and appointment of statutory agent, 1897 |
---|
2488 | | - | one hundred twenty dollars; (3) for a certificate of amendment, one 1898 |
---|
2489 | | - | hundred twenty dollars; (4) for a certificate of merger or consolidation, 1899 |
---|
2490 | | - | sixty dollars; (5) for a certificate of registration, one hundred twenty 1900 |
---|
2491 | | - | dollars; (6) for a change of agent or change of address of agent, twenty 1901 |
---|
2492 | | - | dollars; (7) for a certificate of reinstatement, one hundred twenty 1902 |
---|
2493 | | - | dollars; and (8) for an annual report, [twenty] eighty dollars. 1903 |
---|
2494 | | - | Sec. 31. Subsection (a) of section 34-243u of the general statutes is 1904 |
---|
2495 | | - | repealed and the following is substituted in lieu thereof (Effective July 1905 |
---|
2496 | | - | 1, 2019): 1906 |
---|
2497 | | - | (a) Fees for filing documents and issuing certificates: (1) Filing an 1907 |
---|
2498 | | - | application to reserve a limited liability company name or to cancel a 1908 |
---|
2499 | | - | reserved limited liability company name, sixty dollars; (2) filing a 1909 |
---|
2500 | | - | transfer of reserved limited liability company name, sixty dollars; (3) 1910 |
---|
2501 | | - | filing a certificate of organization, including appointment of registered 1911 |
---|
2502 | | - | agent, one hundred twenty dollars; (4) filing a change of address of 1912 |
---|
2503 | | - | agent certificate or change of agent certificate, fifty dollars; (5) filing a 1913 |
---|
2504 | | - | notice of resignation of registered agent, fifty dollars; (6) filing an 1914 |
---|
2505 | | - | amendment to certificate of organization, one hundred twenty dollars; 1915 |
---|
2506 | | - | (7) filing a restated certificate of organization, one hundred twenty 1916 |
---|
2507 | | - | dollars; (8) filing a certificate of merger, sixty dollars; (9) filing a 1917 |
---|
2508 | | - | certificate of interest exchange, sixty dollars; (10) filing a certificate of 1918 |
---|
2509 | | - | abandonment, fifty dollars; (11) filing a certificate of reinstatement, one 1919 |
---|
2510 | | - | hundred twenty dollars; (12) filing a foreign registration certificate by a 1920 |
---|
2511 | | - | foreign limited liability company to transact business in this state, one 1921 |
---|
2512 | | - | hundred twenty dollars; (13) filing an application of foreign limited 1922 |
---|
2513 | | - | liability company for amended foreign registration certificate, one 1923 |
---|
2514 | | - | hundred twenty dollars; (14) filing a certificate of withdrawal of 1924 |
---|
2515 | | - | registration under section 34-275h, one hundred twenty dollars; (15) 1925 Substitute Bill No. 877 |
---|
2516 | | - | |
---|
2517 | | - | |
---|
2518 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2519 | | - | R01-SB.docx } |
---|
2520 | | - | 68 of 104 |
---|
2521 | | - | |
---|
2522 | | - | filing an annual report, [twenty] eighty dollars; (16) filing an interim 1926 |
---|
2523 | | - | notice of change of manager or member, twenty dollars; (17) filing a 1927 |
---|
2524 | | - | registration of name or a renewal of registration of name, sixty dollars; 1928 |
---|
2525 | | - | (18) filing a statement of correction, one hundred dollars; and (19) 1929 |
---|
2526 | | - | filing a transfer of registration, sixty dollars plus the qualification fee. 1930 |
---|
2527 | | - | Sec. 32. Subsection (a) of section 34-413 of the general statutes is 1931 |
---|
2528 | | - | repealed and the following is substituted in lieu thereof (Effective July 1932 |
---|
2529 | | - | 1, 2019): 1933 |
---|
2530 | | - | (a) Fees for filing documents and processing certificates: (1) Filing 1934 |
---|
2531 | | - | application to reserve a registered limited liability partnership name or 1935 |
---|
2532 | | - | to cancel a reserved limited liability partnership name, sixty dollars; (2) 1936 |
---|
2533 | | - | filing transfer of reserved registered limited liability partnership name, 1937 |
---|
2534 | | - | sixty dollars; (3) filing change of address of statutory agent or change 1938 |
---|
2535 | | - | of statutory agent, fifty dollars; (4) filing certificate of limited liability 1939 |
---|
2536 | | - | partnership, one hundred twenty dollars; (5) filing amendment to 1940 |
---|
2537 | | - | certificate of limited liability partnership, one hundred twenty dollars; 1941 |
---|
2538 | | - | (6) filing certificate of authority to transact business in this state, 1942 |
---|
2539 | | - | including appointment of statutory agent, one hundred twenty dollars; 1943 |
---|
2540 | | - | (7) filing amendment to certificate of authority to transact business in 1944 |
---|
2541 | | - | this state, one hundred twenty dollars; (8) filing an annual report, 1945 |
---|
2542 | | - | [twenty] eighty dollars; (9) filing statement of merger, sixty dollars; 1946 |
---|
2543 | | - | and (10) filing certificate of reinstatement, one hundred twenty dollars. 1947 |
---|
2544 | | - | Sec. 33. Section 12-704d of the general statutes is repealed and the 1948 |
---|
2545 | | - | following is substituted in lieu thereof (Effective July 1, 2019, and 1949 |
---|
2546 | | - | applicable to income and taxable years commencing on or after January 1, 1950 |
---|
2547 | | - | 2019): 1951 |
---|
2548 | | - | (a) As used in this section: 1952 |
---|
2549 | | - | (1) "Angel investor" means an accredited investor, as defined by the 1953 |
---|
2550 | | - | Securities and Exchange Commission, or network of accredited 1954 |
---|
2551 | | - | investors who review new or proposed businesses for potential 1955 |
---|
2552 | | - | investment and who may seek active involvement, such as consulting 1956 Substitute Bill No. 877 |
---|
2553 | | - | |
---|
2554 | | - | |
---|
2555 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2556 | | - | R01-SB.docx } |
---|
2557 | | - | 69 of 104 |
---|
2558 | | - | |
---|
2559 | | - | and mentoring, in a Connecticut business, but "angel investor" does 1957 |
---|
2560 | | - | not include (A) a person controlling fifty per cent or more of the 1958 |
---|
2561 | | - | Connecticut business invested in by the angel investor, (B) a venture 1959 |
---|
2562 | | - | capital company, or (C) any bank, bank and trust company, insurance 1960 |
---|
2563 | | - | company, trust company, national bank, savings association or 1961 |
---|
2564 | | - | building and loan association for activities that are a part of its normal 1962 |
---|
2565 | | - | course of business; 1963 |
---|
2566 | | - | (2) "Cash investment" means the contribution of cash, at a risk of 1964 |
---|
2567 | | - | loss, to a qualified Connecticut business in exchange for qualified 1965 |
---|
2568 | | - | securities; 1966 |
---|
2569 | | - | (3) "Connecticut business" means any business with its principal 1967 |
---|
2570 | | - | place of business in Connecticut; 1968 |
---|
2571 | | - | (4) "Bioscience" means manufacturing pharmaceuticals, medicines, 1969 |
---|
2572 | | - | medical equipment or medical devices and analytical laboratory 1970 |
---|
2573 | | - | instruments, operating medical or diagnostic testing laboratories, or 1971 |
---|
2574 | | - | conducting pure research and development in life sciences; 1972 |
---|
2575 | | - | (5) "Advanced materials" means developing, formulating or 1973 |
---|
2576 | | - | manufacturing advanced alloys, coatings, lubricants, refrigerants, 1974 |
---|
2577 | | - | surfactants, emulsifiers or substrates; 1975 |
---|
2578 | | - | (6) "Photonics" means generation, emission, transmission, 1976 |
---|
2579 | | - | modulation, signal processing, switching, amplification, detection and 1977 |
---|
2580 | | - | sensing of light from ultraviolet to infrared and the manufacture, 1978 |
---|
2581 | | - | research or development of opto-electronic devices, including, but not 1979 |
---|
2582 | | - | limited to, lasers, masers, fiber optic devices, quantum devices, 1980 |
---|
2583 | | - | holographic devices and related technologies; 1981 |
---|
2584 | | - | (7) "Information technology" means software publishing, motion 1982 |
---|
2585 | | - | picture and video production, teleproduction and postproduction 1983 |
---|
2586 | | - | services, telecommunications, data processing, hosting and related 1984 |
---|
2587 | | - | services, custom computer programming services, computer system 1985 |
---|
2588 | | - | design, computer facilities management services, other computer 1986 |
---|
2589 | | - | related services and computer training; 1987 Substitute Bill No. 877 |
---|
2590 | | - | |
---|
2591 | | - | |
---|
2592 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2593 | | - | R01-SB.docx } |
---|
2594 | | - | 70 of 104 |
---|
2595 | | - | |
---|
2596 | | - | (8) "Clean technology" means the production, manufacture, design, 1988 |
---|
2597 | | - | research or development of clean energy, green buildings, smart grid, 1989 |
---|
2598 | | - | high-efficiency transportation vehicles and alternative fuels, 1990 |
---|
2599 | | - | environmental products, environmental remediation and pollution 1991 |
---|
2600 | | - | prevention; 1992 |
---|
2601 | | - | (9) "Qualified securities" means any form of equity, including a 1993 |
---|
2602 | | - | general or limited partnership interest, common stock, preferred stock, 1994 |
---|
2603 | | - | with or without voting rights, without regard to seniority position that 1995 |
---|
2604 | | - | must be convertible into common stock; and 1996 |
---|
2605 | | - | (10) "Emerging technology business" means any business that is 1997 |
---|
2606 | | - | engaged in bioscience, advanced materials, photonics, information 1998 |
---|
2607 | | - | technology, clean technology or any other emerging technology as 1999 |
---|
2608 | | - | determined by the Commissioner of Economic and Community 2000 |
---|
2609 | | - | Development. 2001 |
---|
2610 | | - | (b) There shall be allowed a credit against the tax imposed under 2002 |
---|
2611 | | - | this chapter, other than the liability imposed by section 12-707, for a 2003 |
---|
2612 | | - | cash investment of not less than twenty-five thousand dollars in the 2004 |
---|
2613 | | - | qualified securities of a Connecticut business by an angel investor. The 2005 |
---|
2614 | | - | credit shall be in an amount equal to twenty-five per cent of such 2006 |
---|
2615 | | - | investor's cash investment, provided the total tax credits allowed to 2007 |
---|
2616 | | - | any angel investor shall not exceed [two hundred fifty] five hundred 2008 |
---|
2617 | | - | thousand dollars. The credit shall be claimed in the taxable year in 2009 |
---|
2618 | | - | which such cash investment is made by the angel investor. The credit 2010 |
---|
2619 | | - | may be sold, assigned or otherwise transferred, in whole or in part. 2011 |
---|
2620 | | - | (c) To qualify for a tax credit pursuant to this section, a cash 2012 |
---|
2621 | | - | investment shall be in a Connecticut business that (1) has been 2013 |
---|
2622 | | - | approved as a qualified Connecticut business pursuant to subsection 2014 |
---|
2623 | | - | (d) of this section; (2) had annual gross revenues of less than one 2015 |
---|
2624 | | - | million dollars in the most recent income year of such business; (3) has 2016 |
---|
2625 | | - | fewer than twenty-five employees, not less than seventy-five per cent 2017 |
---|
2626 | | - | of whom reside in this state; (4) has been operating in this state for less 2018 |
---|
2627 | | - | than seven consecutive years; (5) is primarily owned by the 2019 Substitute Bill No. 877 |
---|
2628 | | - | |
---|
2629 | | - | |
---|
2630 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2631 | | - | R01-SB.docx } |
---|
2632 | | - | 71 of 104 |
---|
2633 | | - | |
---|
2634 | | - | management of the business and their families; and (6) received less 2020 |
---|
2635 | | - | than two million dollars in cash investments eligible for the tax credits 2021 |
---|
2636 | | - | provided by this section. 2022 |
---|
2637 | | - | (d) (1) A Connecticut business may apply to Connecticut 2023 |
---|
2638 | | - | Innovations, Incorporated, for approval as a Connecticut business 2024 |
---|
2639 | | - | qualified to receive cash investments eligible for a tax credit pursuant 2025 |
---|
2640 | | - | to this section. The application shall include (A) the name of the 2026 |
---|
2641 | | - | business and a copy of the organizational documents of such business, 2027 |
---|
2642 | | - | (B) a business plan, including a description of the business and the 2028 |
---|
2643 | | - | management, product, market and financial plan of the business, (C) a 2029 |
---|
2644 | | - | description of the business's innovative technology, product or service, 2030 |
---|
2645 | | - | (D) a statement of the potential economic impact of the business, 2031 |
---|
2646 | | - | including the number, location and types of jobs expected to be 2032 |
---|
2647 | | - | created, (E) a description of the qualified securities to be issued and the 2033 |
---|
2648 | | - | amount of cash investment sought by the qualified Connecticut 2034 |
---|
2649 | | - | business, (F) a statement of the amount, timing and projected use of 2035 |
---|
2650 | | - | the proceeds to be raised from the proposed sale of qualified securities, 2036 |
---|
2651 | | - | and (G) such other information as the chief executive officer of 2037 |
---|
2652 | | - | Connecticut Innovations, Incorporated, may require. 2038 |
---|
2653 | | - | (2) Said chief executive officer shall, on a monthly basis, compile a 2039 |
---|
2654 | | - | list of approved applications, categorized by the cash investments 2040 |
---|
2655 | | - | being sought by the qualified Connecticut business and type of 2041 |
---|
2656 | | - | qualified securities offered. 2042 |
---|
2657 | | - | (e) (1) Any angel investor that intends to make a cash investment in 2043 |
---|
2658 | | - | a business on such list may apply to Connecticut Innovations, 2044 |
---|
2659 | | - | Incorporated, to reserve a tax credit in the amount indicated by such 2045 |
---|
2660 | | - | investor. The aggregate amount of all tax credits under this section that 2046 |
---|
2661 | | - | may be reserved by Connecticut Innovations, Incorporated, shall not 2047 |
---|
2662 | | - | exceed six million dollars annually for the fiscal years commencing 2048 |
---|
2663 | | - | July 1, 2010, to July 1, 2012, inclusive, and shall not exceed [three] five 2049 |
---|
2664 | | - | million dollars in each fiscal year thereafter. Each fiscal year, 2050 |
---|
2665 | | - | Connecticut Innovations, Incorporated, shall not reserve more than 2051 |
---|
2666 | | - | seventy-five per cent of the tax credits available under this section for 2052 Substitute Bill No. 877 |
---|
2667 | | - | |
---|
2668 | | - | |
---|
2669 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2670 | | - | R01-SB.docx } |
---|
2671 | | - | 72 of 104 |
---|
2672 | | - | |
---|
2673 | | - | investments in emerging technology businesses, except if any credits 2053 |
---|
2674 | | - | remain available for reservation after April first in any fiscal year, such 2054 |
---|
2675 | | - | remaining credits may be reserved for investments in such businesses, 2055 |
---|
2676 | | - | and may be prioritized for veteran-owned, women-owned or minority-2056 |
---|
2677 | | - | owned businesses and businesses owned by individuals with 2057 |
---|
2678 | | - | disabilities. Connecticut Innovations, Incorporated, shall not reserve 2058 |
---|
2679 | | - | tax credits under this section for any investment made on or after July 2059 |
---|
2680 | | - | 1, [2019] 2024. 2060 |
---|
2681 | | - | (2) The amount of the credit allowed to any investor pursuant to this 2061 |
---|
2682 | | - | section shall not exceed the amount of tax due from such investor 2062 |
---|
2683 | | - | under this chapter, other than section 12-707, with respect to such 2063 |
---|
2684 | | - | taxable year. Any tax credit that is claimed by the angel investor but 2064 |
---|
2685 | | - | not applied against the tax due under this chapter, other than the 2065 |
---|
2686 | | - | liability imposed under section 12-707, may be carried forward for the 2066 |
---|
2687 | | - | five immediately succeeding taxable years until the full credit has been 2067 |
---|
2688 | | - | applied. 2068 |
---|
2689 | | - | (f) If the angel investor is an S corporation or an entity treated as a 2069 |
---|
2690 | | - | partnership for federal income tax purposes, the tax credit may be 2070 |
---|
2691 | | - | claimed by the shareholders or partners of the angel investor. If the 2071 |
---|
2692 | | - | angel investor is a single member limited liability company that is 2072 |
---|
2693 | | - | disregarded as an entity separate from its owner, the tax credit may be 2073 |
---|
2694 | | - | claimed by such limited liability company's owner, provided such 2074 |
---|
2695 | | - | owner is a person subject to the tax imposed under this chapter. 2075 |
---|
2696 | | - | (g) A review of the cumulative effectiveness of the credit under this 2076 |
---|
2697 | | - | section shall be conducted by Connecticut Innovations, Incorporated, 2077 |
---|
2698 | | - | by July 1, 2014, and by July first annually thereafter. Such review shall 2078 |
---|
2699 | | - | include, but need not be limited to, the number and type of 2079 |
---|
2700 | | - | Connecticut businesses that received angel investments, the number of 2080 |
---|
2701 | | - | angel investors and the aggregate amount of cash investments, the 2081 |
---|
2702 | | - | current status of each Connecticut business that received angel 2082 |
---|
2703 | | - | investments, the number of employees employed in each year 2083 |
---|
2704 | | - | following the year in which such Connecticut business received the 2084 |
---|
2705 | | - | angel investment, and the economic impact in the state, of the 2085 Substitute Bill No. 877 |
---|
2706 | | - | |
---|
2707 | | - | |
---|
2708 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2709 | | - | R01-SB.docx } |
---|
2710 | | - | 73 of 104 |
---|
2711 | | - | |
---|
2712 | | - | Connecticut business that received the angel investment. Such review 2086 |
---|
2713 | | - | shall be submitted to the Office of Policy and Management and to the 2087 |
---|
2714 | | - | joint standing committee of the General Assembly having cognizance 2088 |
---|
2715 | | - | of matters relating to commerce, in accordance with the provisions of 2089 |
---|
2716 | | - | section 11-4a. 2090 |
---|
2717 | | - | Sec. 34. Subsection (a) of section 12-217zz of the general statutes is 2091 |
---|
2718 | | - | repealed and the following is substituted in lieu thereof (Effective from 2092 |
---|
2719 | | - | passage and applicable to income years commencing on or after January 1, 2093 |
---|
2720 | | - | 2019): 2094 |
---|
2721 | | - | (a) Notwithstanding any other provision of law, and except as 2095 |
---|
2722 | | - | otherwise provided in subsection (b) of this section and sections 12-2096 |
---|
2723 | | - | 217aaa and 12-217bbb, the amount of tax credit or credits otherwise 2097 |
---|
2724 | | - | allowable against the tax imposed under this chapter shall be as 2098 |
---|
2725 | | - | follows: 2099 |
---|
2726 | | - | (1) For any income year commencing on or after January 1, 2002, 2100 |
---|
2727 | | - | and prior to January 1, 2015, the amount of tax credit or credits 2101 |
---|
2728 | | - | otherwise allowable shall not exceed seventy per cent of the amount of 2102 |
---|
2729 | | - | tax due from such taxpayer under this chapter with respect to any such 2103 |
---|
2730 | | - | income year of the taxpayer prior to the application of such credit or 2104 |
---|
2731 | | - | credits; 2105 |
---|
2732 | | - | (2) For any income year commencing on or after January 1, 2015, the 2106 |
---|
2733 | | - | amount of tax credit or credits otherwise allowable shall not exceed 2107 |
---|
2734 | | - | fifty and one one-hundredths per cent of the amount of tax due from 2108 |
---|
2735 | | - | such taxpayer under this chapter with respect to any such income year 2109 |
---|
2736 | | - | of the taxpayer prior to the application of such credit or credits; 2110 |
---|
2737 | | - | (3) Notwithstanding the provisions of subdivision (2) of this 2111 |
---|
2738 | | - | subsection, any taxpayer that possesses excess credits may utilize the 2112 |
---|
2739 | | - | excess credits as follows: 2113 |
---|
2740 | | - | (A) For income years commencing on or after January 1, 2016, and 2114 |
---|
2741 | | - | prior to January 1, 2017, the aggregate amount of tax credits and excess 2115 |
---|
2742 | | - | credits allowable shall not exceed fifty-five per cent of the amount of 2116 Substitute Bill No. 877 |
---|
2743 | | - | |
---|
2744 | | - | |
---|
2745 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2746 | | - | R01-SB.docx } |
---|
2747 | | - | 74 of 104 |
---|
2748 | | - | |
---|
2749 | | - | tax due from such taxpayer under this chapter with respect to any such 2117 |
---|
2750 | | - | income year of the taxpayer prior to the application of such credit or 2118 |
---|
2751 | | - | credits; 2119 |
---|
2752 | | - | (B) For income years commencing on or after January 1, 2017, and 2120 |
---|
2753 | | - | prior to January 1, 2018, the aggregate amount of tax credits and excess 2121 |
---|
2754 | | - | credits allowable shall not exceed sixty per cent of the amount of tax 2122 |
---|
2755 | | - | due from such taxpayer under this chapter with respect to any such 2123 |
---|
2756 | | - | income year of the taxpayer prior to the application of such credit or 2124 |
---|
2757 | | - | credits; and 2125 |
---|
2758 | | - | (C) For income years commencing on or after January 1, 2018, and 2126 |
---|
2759 | | - | prior to January 1, 2019, the aggregate amount of tax credits and excess 2127 |
---|
2760 | | - | credits allowable shall not exceed sixty-five per cent of the amount of 2128 |
---|
2761 | | - | tax due from such taxpayer under this chapter with respect to any such 2129 |
---|
2762 | | - | income year of the taxpayer prior to the application of such credit or 2130 |
---|
2763 | | - | credits; 2131 |
---|
2764 | | - | [(D) For income years commencing on or after January 1, 2019, the 2132 |
---|
2765 | | - | aggregate amount of tax credits and excess credits allowable shall not 2133 |
---|
2766 | | - | exceed seventy per cent of the amount of tax due from such taxpayer 2134 |
---|
2767 | | - | under this chapter with respect to any such income year of the 2135 |
---|
2768 | | - | taxpayer prior to the application of such credit or credits;] 2136 |
---|
2769 | | - | (4) For purposes of this subsection, "excess credits" means any 2137 |
---|
2770 | | - | remaining credits available under section 12-217j, 12-217n or 32-9t after 2138 |
---|
2771 | | - | tax credits are utilized in accordance with subdivision (2) of this 2139 |
---|
2772 | | - | subsection. 2140 |
---|
2773 | | - | Sec. 35. (NEW) (Effective from passage and applicable to quarterly periods 2141 |
---|
2774 | | - | commencing on or after July 1, 2019) Notwithstanding any provision of 2142 |
---|
2775 | | - | the general statutes allowing for a higher amount, for any quarterly 2143 |
---|
2776 | | - | periods commencing on or after July 1, 2019, the amount of the tax 2144 |
---|
2777 | | - | credit or credits allowable against the tax imposed under chapter 212 2145 |
---|
2778 | | - | of the general statutes shall not exceed fifty and one one-hundredths 2146 |
---|
2779 | | - | per cent of the amount of tax due from a taxpayer under such chapter 2147 Substitute Bill No. 877 |
---|
2780 | | - | |
---|
2781 | | - | |
---|
2782 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2783 | | - | R01-SB.docx } |
---|
2784 | | - | 75 of 104 |
---|
2785 | | - | |
---|
2786 | | - | with respect to any such quarterly period of the taxpayer prior to the 2148 |
---|
2787 | | - | application of such credit or credits. 2149 |
---|
2788 | | - | Sec. 36. Subsection (a) of section 12-264 of the general statutes is 2150 |
---|
2789 | | - | repealed and the following is substituted in lieu thereof (Effective July 2151 |
---|
2790 | | - | 1, 2019): 2152 |
---|
2791 | | - | (a) Each (1) municipality, or department or agency thereof, or 2153 |
---|
2792 | | - | district manufacturing, selling or distributing gas to be used for light, 2154 |
---|
2793 | | - | heat or power, (2) company the principal business of which is 2155 |
---|
2794 | | - | manufacturing, selling or distributing gas or steam to be used for light, 2156 |
---|
2795 | | - | heat or power, including each foreign electric company, as defined in 2157 |
---|
2796 | | - | section 16-246f, that holds property in this state, and (3) company 2158 |
---|
2797 | | - | required to register pursuant to section 16-258a, shall pay a quarterly 2159 |
---|
2798 | | - | tax upon gross earnings from such operations in this state. Gross 2160 |
---|
2799 | | - | earnings from such operations under subdivisions (1) and (2) of this 2161 |
---|
2800 | | - | subsection shall include, as determined by the Commissioner of 2162 |
---|
2801 | | - | Revenue Services, (A) all income included in operating revenue 2163 |
---|
2802 | | - | accounts in the uniform systems of accounts prescribed by the Public 2164 |
---|
2803 | | - | Utilities Regulatory Authority for operations within the taxable 2165 |
---|
2804 | | - | quarter and, with respect to each such company, (B) all income 2166 |
---|
2805 | | - | identified in said uniform systems of accounts as income from 2167 |
---|
2806 | | - | merchandising, jobbing and contract work, (C) all revenues identified 2168 |
---|
2807 | | - | in said uniform systems of accounts as income from nonutility 2169 |
---|
2808 | | - | operations, (D) all revenues identified in said uniform systems of 2170 |
---|
2809 | | - | accounts as nonoperating retail income, and (E) receipts from the sale 2171 |
---|
2810 | | - | of residuals and other by-products obtained in connection with the 2172 |
---|
2811 | | - | production of gas, electricity or steam. Gross earnings from such 2173 |
---|
2812 | | - | operations under subdivision (3) of this subsection shall be gross 2174 |
---|
2813 | | - | income from the sales of natural gas. [, provided gross income shall not 2175 |
---|
2814 | | - | include income from the sale of natural gas to an existing combined 2176 |
---|
2815 | | - | cycle facility comprised of three gas turbines providing electric 2177 |
---|
2816 | | - | generation services, as defined in section 16-1, with a total capacity of 2178 |
---|
2817 | | - | seven hundred seventy-five megawatts, for use in the production of 2179 |
---|
2818 | | - | electricity.] Gross earnings of a gas company, as defined in section 16-2180 Substitute Bill No. 877 |
---|
2819 | | - | |
---|
2820 | | - | |
---|
2821 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2822 | | - | R01-SB.docx } |
---|
2823 | | - | 76 of 104 |
---|
2824 | | - | |
---|
2825 | | - | 1, shall not include income earned in a taxable quarter commencing 2181 |
---|
2826 | | - | prior to June 30, 2008, from the sale of natural gas or propane as a fuel 2182 |
---|
2827 | | - | for a motor vehicle. No deductions shall be allowed from such gross 2183 |
---|
2828 | | - | earnings for any commission, rebate or other payment, except a refund 2184 |
---|
2829 | | - | resulting from an error or overcharge and those specifically mentioned 2185 |
---|
2830 | | - | in section 12-265. Gross earnings of a company, as described in 2186 |
---|
2831 | | - | subdivision (2) of this subsection, shall not include income earned in 2187 |
---|
2832 | | - | any taxable quarter commencing on or after July 1, 2000, from the sale 2188 |
---|
2833 | | - | of steam. 2189 |
---|
2834 | | - | Sec. 37. Subsection (b) of section 12-326a of the general statutes is 2190 |
---|
2835 | | - | repealed and the following is substituted in lieu thereof (Effective July 2191 |
---|
2836 | | - | 1, 2019): 2192 |
---|
2837 | | - | (b) In the absence of the filing with the Commissioner of Revenue 2193 |
---|
2838 | | - | Services of satisfactory proof of a lesser or higher cost of doing 2194 |
---|
2839 | | - | business, such cost shall be presumed to be (1) in the case of a 2195 |
---|
2840 | | - | stamping agent who is selling cigarettes to subjobbers and chain stores, 2196 |
---|
2841 | | - | (A) seven-eighths of one per cent of the basic cost of cigarettes to such 2197 |
---|
2842 | | - | stamping agent plus (B) the cost of cartage to such subjobbers and 2198 |
---|
2843 | | - | chain stores, if performed or paid for by such stamping agent, which, 2199 |
---|
2844 | | - | absent satisfactory proof to the contrary shall be presumed to be three-2200 |
---|
2845 | | - | fourths of one per cent of the basic cost of cigarettes to such stamping 2201 |
---|
2846 | | - | agent; [or] (2) in the case of a stamping agent who is selling cigarettes 2202 |
---|
2847 | | - | to dealers, (A) five and three-fourths per cent of the basic cost of 2203 |
---|
2848 | | - | cigarettes to such stamping agent plus (B) the cost of cartage to such 2204 |
---|
2849 | | - | dealers, if performed or paid for by such stamping agent, which, 2205 |
---|
2850 | | - | absent satisfactory proof to the contrary shall be presumed to be three-2206 |
---|
2851 | | - | fourths of one per cent of the basic cost of cigarettes to such stamping 2207 |
---|
2852 | | - | agent; (3) in the case of a subjobber who is selling cigarettes to dealers, 2208 |
---|
2853 | | - | (A) four and seven-eighths per cent of the basic cost of cigarettes to the 2209 |
---|
2854 | | - | stamping agent plus (B) the cost of cartage to such dealers, if 2210 |
---|
2855 | | - | performed or paid for by such subjobber, which, absent satisfactory 2211 |
---|
2856 | | - | proof to the contrary shall be presumed to be three-fourths of one per 2212 |
---|
2857 | | - | cent of the basic cost of cigarettes to the stamping agent; (4) in the case 2213 Substitute Bill No. 877 |
---|
2858 | | - | |
---|
2859 | | - | |
---|
2860 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2861 | | - | R01-SB.docx } |
---|
2862 | | - | 77 of 104 |
---|
2863 | | - | |
---|
2864 | | - | of a dealer, [eight] eighteen per cent of the sum of (A) the basic cost of 2214 |
---|
2865 | | - | cigarettes to the stamping agent plus (B) the cost of doing business by 2215 |
---|
2866 | | - | the stamping agent with respect to cigarettes sold to dealers; and (5) in 2216 |
---|
2867 | | - | the case of sales at retail by a stamping agent, subjobber or chain store, 2217 |
---|
2868 | | - | the cost to the stamping agent, subjobber or chain store, as the case 2218 |
---|
2869 | | - | may be, shall be the same as the cost to the dealer. 2219 |
---|
2870 | | - | Sec. 38. (NEW) (Effective October 1, 2019, and applicable to sales 2220 |
---|
2871 | | - | occurring on or after October 1, 2019) (a) As used in this section: 2221 |
---|
2872 | | - | (1) "Electronic nicotine delivery system" has the same meaning as 2222 |
---|
2873 | | - | provided in section 19a-342a of the general statutes; 2223 |
---|
2874 | | - | (2) "Liquid nicotine container" has the same meaning as provided in 2224 |
---|
2875 | | - | section 19a-342a of the general statutes; 2225 |
---|
2876 | | - | (3) "Vapor product" has the same meaning as provided in section 2226 |
---|
2877 | | - | 19a-342a of the general statutes; 2227 |
---|
2878 | | - | (4) "Electronic cigarette liquid" means a liquid that, when used in an 2228 |
---|
2879 | | - | electronic nicotine delivery system or a vapor product, produces a 2229 |
---|
2880 | | - | vapor that may or may not include nicotine and is inhaled by the user 2230 |
---|
2881 | | - | of such electronic nicotine delivery system or vapor product; 2231 |
---|
2882 | | - | (5) "Electronic cigarette products" means electronic nicotine delivery 2232 |
---|
2883 | | - | systems, liquid nicotine containers, vapor products and electronic 2233 |
---|
2884 | | - | cigarette liquids; 2234 |
---|
2885 | | - | (6) "Electronic cigarette wholesaler" means (A) any person engaged 2235 |
---|
2886 | | - | in the business of selling electronic cigarette products at wholesale in 2236 |
---|
2887 | | - | the state, (B) any person in this state who purchases electronic cigarette 2237 |
---|
2888 | | - | products at wholesale from a manufacturer, or (C) any dealer, retailer 2238 |
---|
2889 | | - | or other person that otherwise imports, or causes another person to 2239 |
---|
2890 | | - | import, untaxed electronic cigarette products into this state; 2240 |
---|
2891 | | - | (7) "Wholesale sales price" means the price of electronic cigarette 2241 |
---|
2892 | | - | products or, if no price has been set, the wholesale value of such 2242 Substitute Bill No. 877 |
---|
2893 | | - | |
---|
2894 | | - | |
---|
2895 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2896 | | - | R01-SB.docx } |
---|
2897 | | - | 78 of 104 |
---|
2898 | | - | |
---|
2899 | | - | products; and 2243 |
---|
2900 | | - | (8) "Sale" means any transfer of title or possession or both, exchange, 2244 |
---|
2901 | | - | barter, distribution or gift, of electronic cigarette products, with or 2245 |
---|
2902 | | - | without consideration. 2246 |
---|
2903 | | - | (b) For each calendar month commencing on or after October 1, 2247 |
---|
2904 | | - | 2019, a tax is imposed on all sales of electronic cigarette products made 2248 |
---|
2905 | | - | in this state by electronic cigarette wholesalers at the rate of fifty per 2249 |
---|
2906 | | - | cent of the wholesale sales price of such products, whether or not sold 2250 |
---|
2907 | | - | at wholesale, or if not sold, then at the same rate upon the use by the 2251 |
---|
2908 | | - | wholesaler. Only one sale of the same product shall be used in 2252 |
---|
2909 | | - | computing the amount of tax due under this subsection. 2253 |
---|
2910 | | - | (c) Each electronic cigarette wholesaler shall file with the 2254 |
---|
2911 | | - | Commissioner of Revenue Services, on or before the last day of each 2255 |
---|
2912 | | - | month, a report for the calendar month immediately preceding in such 2256 |
---|
2913 | | - | form and containing such information as the commissioner may 2257 |
---|
2914 | | - | prescribe. The return shall be accompanied by a payment of the 2258 |
---|
2915 | | - | amount of the tax shown to be due thereon. Each electronic cigarette 2259 |
---|
2916 | | - | wholesaler shall file such return electronically with the Department of 2260 |
---|
2917 | | - | Revenue Services and make such payment by electronic funds transfer 2261 |
---|
2918 | | - | in the manner provided by chapter 228g of the general statutes. 2262 |
---|
2919 | | - | (d) If any person fails to pay the amount of tax reported due on its 2263 |
---|
2920 | | - | report within the time specified under this section, there shall be 2264 |
---|
2921 | | - | imposed a penalty equal to ten per cent of such amount due and 2265 |
---|
2922 | | - | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 2266 |
---|
2923 | | - | interest at the rate of one per cent per month or fraction thereof, from 2267 |
---|
2924 | | - | the due date of such tax until the date of payment. Subject to the 2268 |
---|
2925 | | - | provisions of section 12-3a of the general statutes, the commissioner 2269 |
---|
2926 | | - | may waive all or part of the penalties provided under this section 2270 |
---|
2927 | | - | when it is proven to the commissioner's satisfaction that the failure to 2271 |
---|
2928 | | - | pay any tax was due to reasonable cause and was not intentional or 2272 |
---|
2929 | | - | due to neglect. 2273 Substitute Bill No. 877 |
---|
2930 | | - | |
---|
2931 | | - | |
---|
2932 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2933 | | - | R01-SB.docx } |
---|
2934 | | - | 79 of 104 |
---|
2935 | | - | |
---|
2936 | | - | (e) Each person, other than an electronic cigarette wholesaler, who is 2274 |
---|
2937 | | - | required, on behalf of an electronic cigarette wholesaler, to collect, 2275 |
---|
2938 | | - | truthfully account for and pay over the tax imposed on such electronic 2276 |
---|
2939 | | - | cigarette wholesaler under this section and who wilfully fails to collect, 2277 |
---|
2940 | | - | truthfully account for and pay over such tax or who wilfully attempts 2278 |
---|
2941 | | - | in any manner to evade or defeat the tax or the payment thereof, shall, 2279 |
---|
2942 | | - | in addition to other penalties provided by law, be liable for a penalty 2280 |
---|
2943 | | - | equal to the total amount of the tax evaded, or not collected, or not 2281 |
---|
2944 | | - | accounted for and paid over, including any penalty or interest 2282 |
---|
2945 | | - | attributable to such wilful failure to collect or truthfully account for 2283 |
---|
2946 | | - | and pay over such tax or such wilful attempt to evade or defeat such 2284 |
---|
2947 | | - | tax, provided such penalty shall only be imposed against such person 2285 |
---|
2948 | | - | in the event that such tax, penalty or interest cannot otherwise be 2286 |
---|
2949 | | - | collected from the electronic cigarette wholesaler. The amount of such 2287 |
---|
2950 | | - | penalty with respect to which a person may be personally liable under 2288 |
---|
2951 | | - | this section shall be collected in accordance with the provisions of 2289 |
---|
2952 | | - | section 12-555a of the general statutes and any amount so collected 2290 |
---|
2953 | | - | shall be allowed as a credit against the amount of such tax, penalty or 2291 |
---|
2954 | | - | interest due and owing from the electronic cigarette wholesaler. The 2292 |
---|
2955 | | - | dissolution of the electronic cigarette wholesaler shall not discharge 2293 |
---|
2956 | | - | any person in relation to any personal liability under this section for 2294 |
---|
2957 | | - | wilful failure to collect or truthfully account for and pay over such tax 2295 |
---|
2958 | | - | or for a wilful attempt to evade or defeat such tax prior to dissolution, 2296 |
---|
2959 | | - | except as otherwise provided in this section. For purposes of this 2297 |
---|
2960 | | - | section, "person" includes any individual, corporation, limited liability 2298 |
---|
2961 | | - | company or partnership and any officer or employe e of any 2299 |
---|
2962 | | - | corporation, including a dissolved corporation, and a member or 2300 |
---|
2963 | | - | employee of any partnership or limited liability company who, as such 2301 |
---|
2964 | | - | officer, employee or member, is under a duty to file a tax return under 2302 |
---|
2965 | | - | this section on behalf of an electronic cigarette wholesaler or to collect 2303 |
---|
2966 | | - | or truthfully account for and pay over the tax imposed under this 2304 |
---|
2967 | | - | section on behalf of an electronic cigarette wholesaler. 2305 |
---|
2968 | | - | (f) No tax credit or credits shall be allowable against the tax 2306 |
---|
2969 | | - | imposed under this section. 2307 Substitute Bill No. 877 |
---|
2970 | | - | |
---|
2971 | | - | |
---|
2972 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
2973 | | - | R01-SB.docx } |
---|
2974 | | - | 80 of 104 |
---|
2975 | | - | |
---|
2976 | | - | (g) The provisions of sections 12-550 to 12-554, inclusive, and section 2308 |
---|
2977 | | - | 12-555a of the general statutes shall apply to the provisions of this 2309 |
---|
2978 | | - | section in the same manner and with the same force and effect as if the 2310 |
---|
2979 | | - | language of said sections had been incorporated in full into this section 2311 |
---|
2980 | | - | and had expressly referred to the tax under this section, except to the 2312 |
---|
2981 | | - | extent that any provision is inconsistent with a provision in this 2313 |
---|
2982 | | - | section. 2314 |
---|
2983 | | - | (h) The commissioner may adopt regulations, in accordance with 2315 |
---|
2984 | | - | the provisions of chapter 54 of the general statutes, to implement the 2316 |
---|
2985 | | - | provisions of this section. 2317 |
---|
2986 | | - | (i) At the close of each fiscal year commencing with the fiscal year 2318 |
---|
2987 | | - | ending June 30, 2020, the Comptroller is authorized to record as 2319 |
---|
2988 | | - | revenue for such fiscal year the amount of the tax imposed under the 2320 |
---|
2989 | | - | provisions of this section that is received by the commissioner not later 2321 |
---|
2990 | | - | than five business days from the last day of July immediately 2322 |
---|
2991 | | - | following the end of such fiscal year. 2323 |
---|
2992 | | - | Sec. 39. Section 12-435 of the general statutes is repealed and the 2324 |
---|
2993 | | - | following is substituted in lieu thereof (Effective July 1, 2019, and 2325 |
---|
2994 | | - | applicable to sales occurring on or after July 1, 2019): 2326 |
---|
2995 | | - | Each distributor of alcoholic beverages shall pay a tax to the state on 2327 |
---|
2996 | | - | all sales within the state of alcoholic beverages, except sales to licensed 2328 |
---|
2997 | | - | distributors, sales of alcoholic beverages [which] that, in the course of 2329 |
---|
2998 | | - | such sales, are actually transported to some point without the state and 2330 |
---|
2999 | | - | except [malt beverages which are] beer that is consumed on the 2331 |
---|
3000 | | - | premises covered by a manufacturer's permit, at the rates for the 2332 |
---|
3001 | | - | respective categories of alcoholic beverages listed below: 2333 |
---|
3002 | | - | [(a)] (1) Beer, except as provided in subdivision (2) of this section, 2334 |
---|
3003 | | - | seven dollars and [twenty] ninety-two cents for each barrel, three 2335 |
---|
3004 | | - | dollars and [sixty] ninety-six cents for each half barrel, one dollar and 2336 |
---|
3005 | | - | [eighty] ninety-eight cents for each quarter barrel and [twenty-four] 2337 |
---|
3006 | | - | twenty-six cents per wine gallon or fraction thereof on quantities less 2338 Substitute Bill No. 877 |
---|
3007 | | - | |
---|
3008 | | - | |
---|
3009 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3010 | | - | R01-SB.docx } |
---|
3011 | | - | 81 of 104 |
---|
3012 | | - | |
---|
3013 | | - | than a quarter barrel; 2339 |
---|
3014 | | - | (2) Beer sold on the premises covered by a manufacturer's permit for 2340 |
---|
3015 | | - | off-premises consumption, three dollars and ninety-six cents for each 2341 |
---|
3016 | | - | barrel, one dollar and ninety-eight cents for each half barrel, ninety-2342 |
---|
3017 | | - | nine cents for each quarter barrel and thirteen cents per wine gallon or 2343 |
---|
3018 | | - | fraction thereof on quantities less than a quarter barrel; 2344 |
---|
3019 | | - | [(b)] (3) Liquor, five dollars and [forty] ninety-four cents per wine 2345 |
---|
3020 | | - | gallon; 2346 |
---|
3021 | | - | [(c)] (4) Still wines containing not more than twenty-one per cent of 2347 |
---|
3022 | | - | absolute alcohol, except as provided in [subsections (g) and (h)] 2348 |
---|
3023 | | - | subdivisions (8) and (9) of this section, [seventy-two] seventy-nine 2349 |
---|
3024 | | - | cents per wine gallon; 2350 |
---|
3025 | | - | [(d)] (5) Still wines containing more than twenty-one per cent of 2351 |
---|
3026 | | - | absolute alcohol and sparkling wines, one dollar and [eighty] ninety-2352 |
---|
3027 | | - | eight cents per wine gallon; 2353 |
---|
3028 | | - | [(e)] (6) Alcohol in excess of 100 proof, five dollars and [forty] 2354 |
---|
3029 | | - | ninety-four cents per proof gallon; 2355 |
---|
3030 | | - | [(f)] (7) Liquor coolers containing not more than seven per cent of 2356 |
---|
3031 | | - | alcohol by volume, two dollars and [forty-six] seventy-one cents per 2357 |
---|
3032 | | - | wine gallon; 2358 |
---|
3033 | | - | [(g)] (8) Still wine containing not more than twenty-one per cent of 2359 |
---|
3034 | | - | absolute alcohol, produced by a person who produces not more than 2360 |
---|
3035 | | - | fifty-five thousand wine gallons of wine during the calendar year, 2361 |
---|
3036 | | - | [eighteen] twenty cents per wine gallon, provided such person 2362 |
---|
3037 | | - | presents to each distributor of alcoholic beverages described in this 2363 |
---|
3038 | | - | section a certificate, issued by the commissioner, stating that such 2364 |
---|
3039 | | - | person produces not more than fifty-five thousand wine gallons of 2365 |
---|
3040 | | - | wine during the calendar year. The commissioner is authorized to 2366 |
---|
3041 | | - | issue such certificates, prescribe the procedures for obtaining such 2367 |
---|
3042 | | - | certificates and prescribe their form; and 2368 Substitute Bill No. 877 |
---|
3043 | | - | |
---|
3044 | | - | |
---|
3045 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3046 | | - | R01-SB.docx } |
---|
3047 | | - | 82 of 104 |
---|
3048 | | - | |
---|
3049 | | - | [(h)] (9) Cider containing not more than seven per cent of absolute 2369 |
---|
3050 | | - | alcohol shall be subject to the same rate as applies to beer, as provided 2370 |
---|
3051 | | - | in [subsection (a)] subdivision (1) of this section. 2371 |
---|
3052 | | - | Sec. 40. (Effective July 1, 2019) (a) No person, except a licensed 2372 |
---|
3053 | | - | distributor, shall, on or after July 1, 2019, sell, or after August 15, 2019, 2373 |
---|
3054 | | - | possess with intent to sell, alcoholic beverages owned by such person 2374 |
---|
3055 | | - | and held within this state on July 1, 2019, without complying with the 2375 |
---|
3056 | | - | provisions of this section. Each such person shall take an inventory of 2376 |
---|
3057 | | - | the alcoholic beverages owned by such person and held within this 2377 |
---|
3058 | | - | state at the opening of business on July 1, 2019, including therein the 2378 |
---|
3059 | | - | whole number and any fractional part of (1) barrels, half barrels, 2379 |
---|
3060 | | - | quarter barrels and wine gallons of quantities less than quarter barrels, 2380 |
---|
3061 | | - | of (A) beer, and (B) cider containing not more than seven per cent of 2381 |
---|
3062 | | - | absolute alcohol; (2) wine gallons of liquor; (3) wine gallons of still 2382 |
---|
3063 | | - | wines containing not more than twenty-one per cent of absolute 2383 |
---|
3064 | | - | alcohol; (4) wine gallons of (A) still wines containing more than 2384 |
---|
3065 | | - | twenty-one per cent of absolute alcohol, and (B) sparkling wines; (5) 2385 |
---|
3066 | | - | proof gallons of alcohol in excess of 100 proof; and (6) liquor coolers 2386 |
---|
3067 | | - | containing not more than seven per cent alcohol by volume. Not later 2387 |
---|
3068 | | - | than August 15, 2019, each such person shall file a report of such 2388 |
---|
3069 | | - | inventory with the Commissioner of Revenue Services on forms to be 2389 |
---|
3070 | | - | prescribed or furnished by said commissioner. The tax on such 2390 |
---|
3071 | | - | inventory, at the rates set forth in subsection (b) of this section, shall be 2391 |
---|
3072 | | - | due and payable on the due date of such report. 2392 |
---|
3073 | | - | (b) The tax on alcoholic beverages included in such inventory shall 2393 |
---|
3074 | | - | be at the following rates: 2394 |
---|
3075 | | - | (1) (A) Beer, and (B) cider containing not more than seven per cent 2395 |
---|
3076 | | - | of absolute alcohol, seventy-two cents for each barrel, thirty-six cents 2396 |
---|
3077 | | - | for each half barrel, eighteen cents for each quarter barrel and two 2397 |
---|
3078 | | - | cents per wine gallon or fraction thereof on quantities less than a 2398 |
---|
3079 | | - | quarter barrel; 2399 |
---|
3080 | | - | (2) Liquor, fifty-four cents per wine gallon; 2400 Substitute Bill No. 877 |
---|
3081 | | - | |
---|
3082 | | - | |
---|
3083 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3084 | | - | R01-SB.docx } |
---|
3085 | | - | 83 of 104 |
---|
3086 | | - | |
---|
3087 | | - | (3) Still wines containing not more than twenty-one per cent of 2401 |
---|
3088 | | - | absolute alcohol, seven cents per wine gallon; 2402 |
---|
3089 | | - | (4) Still wines containing more than twenty-one per cent of absolute 2403 |
---|
3090 | | - | alcohol and sparkling wines, eighteen cents per wine gallon; 2404 |
---|
3091 | | - | (5) Alcohol in excess of 100 proof, fifty-four cents per proof gallon; 2405 |
---|
3092 | | - | (6) Liquor coolers containing not more than seven per cent alcohol 2406 |
---|
3093 | | - | by volume, twenty-five cents per wine gallon; and 2407 |
---|
3094 | | - | (7) Still wines containing not more than twenty-one per cent of 2408 |
---|
3095 | | - | absolute alcohol, produced by a person who produces not more than 2409 |
---|
3096 | | - | fifty-five thousand wine gallons of wine during the calendar year, two 2410 |
---|
3097 | | - | cents per wine gallon. 2411 |
---|
3098 | | - | (c) If any person required to file a report under this section fails to 2412 |
---|
3099 | | - | file such report on or before August 15, 2019, the commissioner shall 2413 |
---|
3100 | | - | make an estimate of the amounts of alcoholic beverages of the 2414 |
---|
3101 | | - | categories specified in subsection (b) of this section owned by such 2415 |
---|
3102 | | - | person and held within this state on July 1, 2019, based on any 2416 |
---|
3103 | | - | information in the commissioner's possession or that may come into 2417 |
---|
3104 | | - | the commissioner's possession. The provisions of chapter 220 of the 2418 |
---|
3105 | | - | general statutes pertaining to failure to file returns, examination of 2419 |
---|
3106 | | - | returns by the commissioner, the issuance of deficiency assessments or 2420 |
---|
3107 | | - | assessments where no return has been filed, the collection of tax, the 2421 |
---|
3108 | | - | imposition of penalties and the accrual of interest shall apply to the 2422 |
---|
3109 | | - | persons required to pay the tax imposed under this section as if such 2423 |
---|
3110 | | - | persons were distributors licensed under chapter 220 of the general 2424 |
---|
3111 | | - | statutes. Failure to file such report and pay the tax when due shall be 2425 |
---|
3112 | | - | sufficient reason to revoke any state license or permit issued by the 2426 |
---|
3113 | | - | Department of Revenue Services to such person. 2427 |
---|
3114 | | - | (d) The Commissioner of Consumer Protection shall cooperate with 2428 |
---|
3115 | | - | the Commissioner of Revenue Services in the enforcement of the tax 2429 |
---|
3116 | | - | imposed pursuant to this section. 2430 Substitute Bill No. 877 |
---|
3117 | | - | |
---|
3118 | | - | |
---|
3119 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3120 | | - | R01-SB.docx } |
---|
3121 | | - | 84 of 104 |
---|
3122 | | - | |
---|
3123 | | - | Sec. 41. Section 12-541 of the general statutes is repealed and the 2431 |
---|
3124 | | - | following is substituted in lieu thereof (Effective July 1, 2019, and 2432 |
---|
3125 | | - | applicable to sales made on or after July 1, 2019): 2433 |
---|
3126 | | - | (a) [There] Except as provided in subsection (b) of this section, there 2434 |
---|
3127 | | - | is hereby imposed a tax of ten per cent of the admission charge to any 2435 |
---|
3128 | | - | place of amusement, entertainment or recreation. [, except that no] No 2436 |
---|
3129 | | - | tax shall be imposed with respect to any admission charge: 2437 |
---|
3130 | | - | (1) [when] When the admission charge is less than one dollar or, in 2438 |
---|
3131 | | - | the case of any motion picture show, when the admission charge is not 2439 |
---|
3132 | | - | more than five dollars; [,] 2440 |
---|
3133 | | - | (2) [when] When a daily admission charge is imposed [which] that 2441 |
---|
3134 | | - | entitles the patron to participate in an athletic or sporting activity; [,] 2442 |
---|
3135 | | - | (3) [to] To any event, other than events held at the stadium facility, 2443 |
---|
3136 | | - | as defined in section 32-651, if all of the proceeds from the event inure 2444 |
---|
3137 | | - | exclusively to an entity [which] that is exempt from federal income tax 2445 |
---|
3138 | | - | under the Internal Revenue Code, provided such entity actively 2446 |
---|
3139 | | - | engages in and assumes the financial risk associated with the 2447 |
---|
3140 | | - | presentation of such event; [,] 2448 |
---|
3141 | | - | (4) [to] To any event, other than events held at the stadium facility, 2449 |
---|
3142 | | - | as defined in section 32-651, [which] that, in the opinion of the 2450 |
---|
3143 | | - | commissioner, is conducted primarily to raise funds for an entity 2451 |
---|
3144 | | - | [which] that is exempt from federal income tax under the Internal 2452 |
---|
3145 | | - | Revenue Code, provided the commissioner is satisfied that the net 2453 |
---|
3146 | | - | profit [which] that inures to such entity from such event will exceed 2454 |
---|
3147 | | - | the amount of the admissions tax [which] that, but for this subdivision, 2455 |
---|
3148 | | - | would be imposed upon the person making such charge to such event; 2456 |
---|
3149 | | - | [,] 2457 |
---|
3150 | | - | (5) [other] Other than for events held at the stadium facility, as 2458 |
---|
3151 | | - | defined in section 32-651, paid by centers of service for elderly persons, 2459 |
---|
3152 | | - | as described in section 17a-310; [,] 2460 Substitute Bill No. 877 |
---|
3153 | | - | |
---|
3154 | | - | |
---|
3155 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3156 | | - | R01-SB.docx } |
---|
3157 | | - | 85 of 104 |
---|
3158 | | - | |
---|
3159 | | - | (6) [to] To any production featuring live performances by actors or 2461 |
---|
3160 | | - | musicians presented at Gateway's Candlewood Playhouse, Ocean 2462 |
---|
3161 | | - | Beach Park or any nonprofit theater or playhouse in the state, provided 2463 |
---|
3162 | | - | such theater or playhouse possesses evidence confirming exemption 2464 |
---|
3163 | | - | from federal tax under Section 501 of the Internal Revenue Code; [,] 2465 |
---|
3164 | | - | (7) [to] To any carnival or amusement ride; [,] 2466 |
---|
3165 | | - | (8) [to] To any interscholastic athletic event held at the stadium 2467 |
---|
3166 | | - | facility, as defined in section 32-651; [,] or 2468 |
---|
3167 | | - | (9) [if] If the admission charge would have been subject to tax under 2469 |
---|
3168 | | - | the provisions of section 12-542 of the general statutes, revision of 2470 |
---|
3169 | | - | 1958, revised to January 1, 1999. 2471 |
---|
3170 | | - | (b) (1) For the following venues and events, for sales occurring on or 2472 |
---|
3171 | | - | after July 1, 2019, but prior to July 1, 2020, the tax imposed under this 2473 |
---|
3172 | | - | section shall be seven and one-half per cent of the admission charge to: 2474 |
---|
3173 | | - | (A) Any event at the XL Center in Hartford; 2475 |
---|
3174 | | - | (B) Any event at the Dunkin' Donuts Park in Hartford; 2476 |
---|
3175 | | - | (C) Any athletic event presented by a member team of the Atlantic 2477 |
---|
3176 | | - | League of Professional Baseball at the New Britain Stadium; 2478 |
---|
3177 | | - | (D) Any event at the Webster Bank Arena in Bridgeport; 2479 |
---|
3178 | | - | (E) Any event at the Oakdale Theatre in Wallingford; and 2480 |
---|
3179 | | - | (F) Any event other than an interscholastic athletic event at the 2481 |
---|
3180 | | - | stadium facility, as defined in section 32-651. 2482 |
---|
3181 | | - | (2) For the venues and events specified in subdivision (1) of this 2483 |
---|
3182 | | - | subsection, for sales occurring on or after July 1, 2020, the tax imposed 2484 |
---|
3183 | | - | under this section shall be five per cent of the admission charge. 2485 |
---|
3184 | | - | (3) On and after July 1, [2000] 2001, and prior to October 1, 2019, the 2486 Substitute Bill No. 877 |
---|
3185 | | - | |
---|
3186 | | - | |
---|
3187 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3188 | | - | R01-SB.docx } |
---|
3189 | | - | 86 of 104 |
---|
3190 | | - | |
---|
3191 | | - | tax imposed under this section on any motion picture show shall be 2487 |
---|
3192 | | - | [eight] six per cent of the admission charge and, on and after [July 1, 2488 |
---|
3193 | | - | 2001] October 1, 2019, the tax imposed on any such motion picture 2489 |
---|
3194 | | - | show shall be six and thirty-five-hundredths per cent of such charge. 2490 |
---|
3195 | | - | [(b)] (c) The tax shall be imposed upon the person making such 2491 |
---|
3196 | | - | charge and reimbursement for the tax shall be collected by such person 2492 |
---|
3197 | | - | from the purchase. Such reimbursement, termed "tax", shall be paid by 2493 |
---|
3198 | | - | the purchaser to the person making the admission charge. Such tax, 2494 |
---|
3199 | | - | when added to the admission charge, shall be a debt from the 2495 |
---|
3200 | | - | purchaser to the person making the admission charge and shall be 2496 |
---|
3201 | | - | recoverable at law. The amount of tax reimbursement, when so 2497 |
---|
3202 | | - | collected, shall be deemed to be a special fund in trust for the state of 2498 |
---|
3203 | | - | Connecticut. 2499 |
---|
3204 | | - | Sec. 42. (NEW) (Effective July 1, 2019) (a) As used in this section: 2500 |
---|
3205 | | - | (1) "Single-use checkout bag" means a plastic bag with a thickness of 2501 |
---|
3206 | | - | less than four mils or a paper bag that is provided by a store to a 2502 |
---|
3207 | | - | customer at the point of sale. "Single-use checkout bag" does not 2503 |
---|
3208 | | - | include: (A) A compostable plastic bag; (B) a bag provided to contain 2504 |
---|
3209 | | - | meat, seafood, loose produce or other unwrapped food items; (C) a 2505 |
---|
3210 | | - | newspaper bag; or (D) a laundry or dry cleaning bag; 2506 |
---|
3211 | | - | (2) "Compostable plastic bag" means a plastic bag that (A) conforms 2507 |
---|
3212 | | - | to the American Society of Testing Materials (ASTM) standard D6400; 2508 |
---|
3213 | | - | (B) is certified and labeled as meeting the ASTM standard D6400 2509 |
---|
3214 | | - | standard specification by a recognized verification entity; and (C) is 2510 |
---|
3215 | | - | capable of undergoing biological decomposition in a compost site such 2511 |
---|
3216 | | - | that the material breaks down into carbon dioxide, water, inorganic 2512 |
---|
3217 | | - | compounds and biomass at a rate consistent with known compostable 2513 |
---|
3218 | | - | materials; and 2514 |
---|
3219 | | - | (3) "Store" means any retailer, as defined in section 12-407 of the 2515 |
---|
3220 | | - | general statutes, as amended by this act, that maintains a retail store 2516 |
---|
3221 | | - | within the state and sells tangible personal property directly to the 2517 Substitute Bill No. 877 |
---|
3222 | | - | |
---|
3223 | | - | |
---|
3224 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3225 | | - | R01-SB.docx } |
---|
3226 | | - | 87 of 104 |
---|
3227 | | - | |
---|
3228 | | - | public. 2518 |
---|
3229 | | - | (b) Each store shall charge a fee of ten cents for each single-use 2519 |
---|
3230 | | - | checkout bag provided to a customer at the point of sale. The store 2520 |
---|
3231 | | - | shall indicate the number of single-use checkout bags provided and 2521 |
---|
3232 | | - | the total amount of the fee charged on any transaction receipt provided 2522 |
---|
3233 | | - | to a customer. Any fees collected pursuant to this subsection shall be 2523 |
---|
3234 | | - | excluded from gross receipts under chapter 219 of the general statutes. 2524 |
---|
3235 | | - | (c) Each store shall report all fees collected pursuant to subsection 2525 |
---|
3236 | | - | (b) of this section to the Commissioner of Revenue Services with its 2526 |
---|
3237 | | - | return due under section 12-414 of the general statutes and remit 2527 |
---|
3238 | | - | payment at the same time and in the same form and manner required 2528 |
---|
3239 | | - | under 12-414 of the general statutes. 2529 |
---|
3240 | | - | (d) Any fees due and unpaid under this section shall be subject to 2530 |
---|
3241 | | - | the penalties and interest established under section 12-419 of the 2531 |
---|
3242 | | - | general statutes and the amount of such fee, penalty or interest, due 2532 |
---|
3243 | | - | and unpaid, may be collected under the provisions of section 12-35 of 2533 |
---|
3244 | | - | the general statutes as if they were taxes due to the state. 2534 |
---|
3245 | | - | (e) The provisions of sections 12-415, 12-416 and 12-421 to 12-428, 2535 |
---|
3246 | | - | inclusive, of the general statutes shall apply to the provisions of this 2536 |
---|
3247 | | - | section in the same manner and with the same force and effect as if the 2537 |
---|
3248 | | - | language of said sections had been incorporated in full into this section 2538 |
---|
3249 | | - | and had expressly referred to the fee imposed under this section, 2539 |
---|
3250 | | - | except to the extent that any such provision is inconsistent with a 2540 |
---|
3251 | | - | provision of this section. 2541 |
---|
3252 | | - | (f) The Commissioner of Revenue Services, in consultation with the 2542 |
---|
3253 | | - | Commissioner of Energy and Environmental Protection, may adopt 2543 |
---|
3254 | | - | regulations in accordance with the provisions of chapter 54 of the 2544 |
---|
3255 | | - | general statutes, to carry out the provisions of this section. 2545 |
---|
3256 | | - | (g) At the close of each fiscal year commencing with the fiscal year 2546 |
---|
3257 | | - | ending June 30, 2020, the Comptroller is authorized to record as 2547 |
---|
3258 | | - | revenue for such fiscal year the amount of the fee imposed under the 2548 Substitute Bill No. 877 |
---|
3259 | | - | |
---|
3260 | | - | |
---|
3261 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3262 | | - | R01-SB.docx } |
---|
3263 | | - | 88 of 104 |
---|
3264 | | - | |
---|
3265 | | - | provisions of this section that is received by the Commissioner of 2549 |
---|
3266 | | - | Revenue Services not later than five business days from the last day of 2550 |
---|
3267 | | - | July immediately following the end of such fiscal year. 2551 |
---|
3268 | | - | Sec. 43. Section 12-263q of the general statutes is repealed and the 2552 |
---|
3269 | | - | following is substituted in lieu thereof (Effective from passage): 2553 |
---|
3270 | | - | (a) (1) For each calendar quarter commencing on or after July 1, 2554 |
---|
3271 | | - | 2017, each hospital shall pay a tax on the total net revenue received by 2555 |
---|
3272 | | - | such hospital for the provision of inpatient hospital services and 2556 |
---|
3273 | | - | outpatient hospital services. 2557 |
---|
3274 | | - | (A) On and after July 1, 2017, [and prior to July 1, 2019,] the rate of 2558 |
---|
3275 | | - | tax for the provision of inpatient hospital services shall be six per cent 2559 |
---|
3276 | | - | of each hospital's audited net revenue for the fiscal year, [2016] as set 2560 |
---|
3277 | | - | forth in subparagraph (C) of this subdivision, attributable to inpatient 2561 |
---|
3278 | | - | hospital services. 2562 |
---|
3279 | | - | (B) On and after July 1, 2017, [and prior to July 1, 2019,] the rate of 2563 |
---|
3280 | | - | tax for the provision of outpatient hospital services shall be nine 2564 |
---|
3281 | | - | hundred million dollars less the total tax imposed on all hospitals for 2565 |
---|
3282 | | - | the provision of inpatient hospital services, which sum shall be 2566 |
---|
3283 | | - | divided by the total audited net revenue for the fiscal year, [2016] as 2567 |
---|
3284 | | - | set forth in subparagraph (C) of this subdivision, attributable to 2568 |
---|
3285 | | - | outpatient hospital services, of all hospitals that are required to pay 2569 |
---|
3286 | | - | such tax. 2570 |
---|
3287 | | - | (C) [On and after July 1, 2019, the rate of tax for the provision of 2571 |
---|
3288 | | - | inpatient hospital services and outpatient hospital services shall be 2572 |
---|
3289 | | - | three hundred eighty-four million dollars divided by the total audited 2573 |
---|
3290 | | - | net revenue for fiscal year 2016, of all hospitals that are required to pay 2574 |
---|
3291 | | - | such tax.] For the state fiscal years commencing July 1, 2017, and July 2575 |
---|
3292 | | - | 1, 2018, the fiscal year upon which the tax shall be imposed under 2576 |
---|
3293 | | - | subparagraphs (A) and (B) of this subdivision shall be fiscal year 2016. 2577 |
---|
3294 | | - | For the biennium commencing July 1, 2019, and for each biennium 2578 |
---|
3295 | | - | thereafter, the fiscal year upon which the tax shall be imposed under 2579 Substitute Bill No. 877 |
---|
3296 | | - | |
---|
3297 | | - | |
---|
3298 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3299 | | - | R01-SB.docx } |
---|
3300 | | - | 89 of 104 |
---|
3301 | | - | |
---|
3302 | | - | subparagraphs (A) and (B) of this subdivision for each year of the 2580 |
---|
3303 | | - | biennium shall be the fiscal year occurring three years prior to the first 2581 |
---|
3304 | | - | state fiscal year of each biennium. 2582 |
---|
3305 | | - | (D) If a hospital or hospitals subject to the tax imposed under this 2583 |
---|
3306 | | - | subdivision merge, consolidate or otherwise reorganize, the surviving 2584 |
---|
3307 | | - | hospital shall assume and be liable for the total tax imposed under this 2585 |
---|
3308 | | - | subdivision on the merging, consolidating or reorganizing hospitals, 2586 |
---|
3309 | | - | including any outstanding liabilities from periods prior to such 2587 |
---|
3310 | | - | merger, consolidation or reorganization. If a hospital ceases to operate 2588 |
---|
3311 | | - | as a hospital for any reason other than a merger, consolidation or 2589 |
---|
3312 | | - | reorganization, or ceases for any reason to be subject to the tax 2590 |
---|
3313 | | - | imposed under this subdivision, the amount of tax due from each 2591 |
---|
3314 | | - | taxpayer under this subdivision shall not be recalculated to take into 2592 |
---|
3315 | | - | account such occurrence but the total amount of such tax to be 2593 |
---|
3316 | | - | collected under subparagraphs (A) and (B) of this subdivision shall be 2594 |
---|
3317 | | - | reduced by the amount of the tax liability imposed on the hospital that 2595 |
---|
3318 | | - | is no longer subject to the tax. 2596 |
---|
3319 | | - | (E) (i) If the Commissioner of Social Services determines for any 2597 |
---|
3320 | | - | fiscal year that the effective rate of tax for the tax imposed on net 2598 |
---|
3321 | | - | revenue for the provision of inpatient hospital services exceeds the rate 2599 |
---|
3322 | | - | permitted under the provisions of 42 CFR 433.68(f), as amended from 2600 |
---|
3323 | | - | time to time, the amount of tax collected that exceeds the permissible 2601 |
---|
3324 | | - | amount shall be refunded to hospitals, in proportion to the amount of 2602 |
---|
3325 | | - | net revenue for the provision of inpatient hospital services upon which 2603 |
---|
3326 | | - | the hospitals were taxed. The effective rate of tax shall be calculated by 2604 |
---|
3327 | | - | comparing the amount of tax paid by hospitals on net revenue for the 2605 |
---|
3328 | | - | provision of inpatient hospital services in a state fiscal year with the 2606 |
---|
3329 | | - | amount of net revenue received by hospitals subject to the tax for the 2607 |
---|
3330 | | - | provision of inpatient hospital services for the equivalent fiscal year. 2608 |
---|
3331 | | - | (ii) On or before July 1, 2020, and annually thereafter, each hospital 2609 |
---|
3332 | | - | subject to the tax imposed under this subdivision shall report to the 2610 |
---|
3333 | | - | Commissioner of Social Services, in the manner prescribed by and on 2611 |
---|
3334 | | - | forms provided by said commissioner, the amount of tax paid 2612 Substitute Bill No. 877 |
---|
3335 | | - | |
---|
3336 | | - | |
---|
3337 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3338 | | - | R01-SB.docx } |
---|
3339 | | - | 90 of 104 |
---|
3340 | | - | |
---|
3341 | | - | pursuant to this subsection by such hospital and the amount of net 2613 |
---|
3342 | | - | revenue received by such hospital for the provision of inpatient 2614 |
---|
3343 | | - | hospital services, in the state fiscal year commencing two years prior to 2615 |
---|
3344 | | - | each such reporting date. Not later than ninety days after said 2616 |
---|
3345 | | - | commissioner receives completed reports from all hospitals required to 2617 |
---|
3346 | | - | submit such reports, said commissioner shall notify the Commissioner 2618 |
---|
3347 | | - | of Revenue Services of the amount of any refund due each hospital to 2619 |
---|
3348 | | - | be in compliance with 42 CFR 433.68(f), as amended from time to time. 2620 |
---|
3349 | | - | Not later than thirty days after receiving such notice, the 2621 |
---|
3350 | | - | Commissioner of Revenue Services shall notify the Comptroller of the 2622 |
---|
3351 | | - | amount of each such refund and the Comptroller shall draw an order 2623 |
---|
3352 | | - | on the Treasurer for payment of each such refund. No interest shall be 2624 |
---|
3353 | | - | added to any refund issued pursuant to this subparagraph. 2625 |
---|
3354 | | - | (2) Except as provided in subdivision (3) of this subsection, each 2626 |
---|
3355 | | - | [such] hospital subject to the tax imposed under subdivision (1) of this 2627 |
---|
3356 | | - | subsection shall be required to pay the total amount due in four 2628 |
---|
3357 | | - | quarterly payments consistent with section 12-263s, with the first 2629 |
---|
3358 | | - | quarter commencing with the first day of each state fiscal year and the 2630 |
---|
3359 | | - | last quarter ending on the last day of each state fiscal year. Hospitals 2631 |
---|
3360 | | - | shall make all payments required under this subsection in accordance 2632 |
---|
3361 | | - | with procedures established by and on forms provided by the 2633 |
---|
3362 | | - | commissioner. 2634 |
---|
3363 | | - | (3) (A) For the state fiscal year commencing July 1, 2017, each 2635 |
---|
3364 | | - | hospital required to pay tax on inpatient hospital services or outpatient 2636 |
---|
3365 | | - | hospital services shall make an estimated tax payment on December 2637 |
---|
3366 | | - | 15, 2017, which estimated payment shall be equal to one hundred 2638 |
---|
3367 | | - | thirty-three per cent of the tax due under chapter 211a for the period 2639 |
---|
3368 | | - | ending June 30, 2017. If a hospital was not required to pay tax under 2640 |
---|
3369 | | - | [said] chapter 211a on either inpatient hospital services or outpatient 2641 |
---|
3370 | | - | hospital services, such hospital shall make its estimated payment 2642 |
---|
3371 | | - | based on its unaudited net patient revenue. 2643 |
---|
3372 | | - | (B) Each hospital required to pay tax pursuant to this subdivision on 2644 |
---|
3373 | | - | inpatient hospital services or outpatient hospital services shall pay the 2645 Substitute Bill No. 877 |
---|
3374 | | - | |
---|
3375 | | - | |
---|
3376 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3377 | | - | R01-SB.docx } |
---|
3378 | | - | 91 of 104 |
---|
3379 | | - | |
---|
3380 | | - | remaining balance determined to be due in two equal payments, which 2646 |
---|
3381 | | - | shall be due on April 30, 2018, and July 31, 2018, respectively. 2647 |
---|
3382 | | - | (C) (i) For each state fiscal year commencing on or after July 1, 2017, 2648 |
---|
3383 | | - | and prior to July 1, 2019, each hospital required to pay tax on inpatient 2649 |
---|
3384 | | - | hospital services or outpatient hospital services shall calculate the 2650 |
---|
3385 | | - | amount of tax due on forms prescribed by the commissioner by 2651 |
---|
3386 | | - | multiplying the applicable rate set forth in subdivision (1) of this 2652 |
---|
3387 | | - | subsection by its audited net revenue for fiscal year 2016. [Hospitals 2653 |
---|
3388 | | - | shall make all payments required under this section in accordance with 2654 |
---|
3389 | | - | procedures established by and on forms provided by the 2655 |
---|
3390 | | - | commissioner.] 2656 |
---|
3391 | | - | (ii) For each state fiscal year commencing on or after July 1, 2019, 2657 |
---|
3392 | | - | each hospital required to pay tax on inpatient hospital services or 2658 |
---|
3393 | | - | outpatient hospital services shall calculate the amount of tax due on 2659 |
---|
3394 | | - | forms prescribed by the commissioner by multiplying the applicable 2660 |
---|
3395 | | - | rate set forth in subdivision (1) of this subsection by its audited net 2661 |
---|
3396 | | - | revenue for the fiscal year, as set forth in subparagraph (C) of 2662 |
---|
3397 | | - | subdivision (1) of this subsection. 2663 |
---|
3398 | | - | (D) The commissioner shall apply any payment made by a hospital 2664 |
---|
3399 | | - | in connection with the tax under chapter 211a for the period ending 2665 |
---|
3400 | | - | September 30, 2017, as a partial payment of such hospital's estimated 2666 |
---|
3401 | | - | tax payment due on December 15, 2017, under subparagraph (A) of 2667 |
---|
3402 | | - | this subdivision. The commissioner shall return to a hospital any credit 2668 |
---|
3403 | | - | claimed by such hospital in connection with the tax imposed under 2669 |
---|
3404 | | - | [said] chapter 211a for the period ending September 30, 2017, for 2670 |
---|
3405 | | - | assignment as provided under section 12-263s. 2671 |
---|
3406 | | - | (4) (A) [Each] (i) For each state fiscal year commencing on or after 2672 |
---|
3407 | | - | July 1, 2017, and prior to July 1, 2019, each hospital required to pay tax 2673 |
---|
3408 | | - | on inpatient hospital services or outpatient hospital services shall 2674 |
---|
3409 | | - | submit to the commissioner such information as the commissioner 2675 |
---|
3410 | | - | requires in order to calculate the audited net inpatient revenue for 2676 |
---|
3411 | | - | fiscal year 2016, the audited net outpatient revenue for fiscal year 2016 2677 Substitute Bill No. 877 |
---|
3412 | | - | |
---|
3413 | | - | |
---|
3414 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3415 | | - | R01-SB.docx } |
---|
3416 | | - | 92 of 104 |
---|
3417 | | - | |
---|
3418 | | - | and the audited net revenue for fiscal year 2016 of all such health care 2678 |
---|
3419 | | - | providers. Such information shall be provided to the commissioner not 2679 |
---|
3420 | | - | later than January 1, 2018. The commissioner shall make additional 2680 |
---|
3421 | | - | requests for information as necessary to fully audit each hospital's net 2681 |
---|
3422 | | - | revenue. Upon completion of the commissioner's examination, the 2682 |
---|
3423 | | - | commissioner shall notify, prior to February 28, 2018, each hospital of 2683 |
---|
3424 | | - | its audited net inpatient revenue for fiscal year 2016, audited net 2684 |
---|
3425 | | - | outpatient revenue for fiscal year 2016 and audited net revenue for 2685 |
---|
3426 | | - | fiscal year 2016. 2686 |
---|
3427 | | - | (ii) For each state fiscal year commencing on or after July 1, 2019, 2687 |
---|
3428 | | - | each hospital required to pay tax on inpatient hospital services or 2688 |
---|
3429 | | - | outpatient hospital services shall submit to the commissioner 2689 |
---|
3430 | | - | biennially such information as the commissioner requires in order to 2690 |
---|
3431 | | - | calculate for the applicable fiscal year, as set forth in subparagraph (C) 2691 |
---|
3432 | | - | of subdivision (1) of this subsection, the audited net inpatient revenue, 2692 |
---|
3433 | | - | the audited net outpatient revenue and the audited net revenue of all 2693 |
---|
3434 | | - | such health care providers. For the state fiscal year commencing July 1, 2694 |
---|
3435 | | - | 2019, such information shall be provided to the commissioner not later 2695 |
---|
3436 | | - | than June 30, 2019. For the biennium commencing July 1, 2021, and 2696 |
---|
3437 | | - | each biennium thereafter, such information shall be provided to the 2697 |
---|
3438 | | - | commissioner not later than January fifteenth of the second year of the 2698 |
---|
3439 | | - | biennium immediately preceding. The commissioner shall make 2699 |
---|
3440 | | - | additional requests for information as necessary to fully audit each 2700 |
---|
3441 | | - | hospital's net revenue. Upon completion of the commissioner's 2701 |
---|
3442 | | - | examination, the commissioner shall notify each hospital of its audited 2702 |
---|
3443 | | - | net inpatient revenue, audited net outpatient revenue and audited net 2703 |
---|
3444 | | - | revenue for the applicable fiscal year, as set forth in subparagraph (C) 2704 |
---|
3445 | | - | of subdivision (1) of this subsection. 2705 |
---|
3446 | | - | (B) Any hospital that fails to provide the requested information 2706 |
---|
3447 | | - | [prior to January 1, 2018,] by the dates specified in subparagraph (A) of 2707 |
---|
3448 | | - | this subdivision or fails to comply with a request for additional 2708 |
---|
3449 | | - | information made under this subdivision shall be subject to a penalty 2709 |
---|
3450 | | - | of one thousand dollars per day for each day the hospital fails to 2710 Substitute Bill No. 877 |
---|
3451 | | - | |
---|
3452 | | - | |
---|
3453 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3454 | | - | R01-SB.docx } |
---|
3455 | | - | 93 of 104 |
---|
3456 | | - | |
---|
3457 | | - | provide the requested information or additional information. 2711 |
---|
3458 | | - | (C) The commissioner may engage an independent auditor to assist 2712 |
---|
3459 | | - | in the performance of the commissioner's duties and responsibilities 2713 |
---|
3460 | | - | under this subdivision. 2714 |
---|
3461 | | - | (5) Net revenue derived from providing a health care item or service 2715 |
---|
3462 | | - | to a patient shall be taxed only one time under this section. 2716 |
---|
3463 | | - | (6) (A) For purposes of this section: 2717 |
---|
3464 | | - | (i) ["Audited net inpatient revenue for fiscal year 2016"] "Audited 2718 |
---|
3465 | | - | net inpatient revenue for the fiscal year" means the amount of revenue 2719 |
---|
3466 | | - | that the commissioner determines, in accordance with federal law, that 2720 |
---|
3467 | | - | a hospital received for the provision of inpatient hospital services 2721 |
---|
3468 | | - | during the [2016] applicable federal fiscal year; 2722 |
---|
3469 | | - | (ii) ["Audited net outpatient revenue for fiscal year 2016"] "Audited 2723 |
---|
3470 | | - | net outpatient revenue for the fiscal year" means the amount of 2724 |
---|
3471 | | - | revenue that the commissioner determines, in accordance with federal 2725 |
---|
3472 | | - | law, that a hospital received for the provision of outpatient hospital 2726 |
---|
3473 | | - | services during the [2016] applicable federal fiscal year; and 2727 |
---|
3474 | | - | (iii) ["Audited net revenue for fiscal year 2016"] "Audited net 2728 |
---|
3475 | | - | revenue for the fiscal year" means net revenue, as reported in each 2729 |
---|
3476 | | - | hospital's audited financial statement, less the amount of revenue that 2730 |
---|
3477 | | - | the commissioner determines, in accordance with federal law, that a 2731 |
---|
3478 | | - | hospital received from other than the provision of inpatient hospital 2732 |
---|
3479 | | - | services and outpatient hospital services. The total audited net revenue 2733 |
---|
3480 | | - | for the fiscal year [2016] shall be the sum of all audited net revenue for 2734 |
---|
3481 | | - | the applicable fiscal year [2016] for all hospitals required to pay tax on 2735 |
---|
3482 | | - | inpatient hospital services and outpatient hospital services. 2736 |
---|
3483 | | - | (B) Audited net inpatient revenue and audited net outpatient 2737 |
---|
3484 | | - | revenue shall be based on information provided by each hospital 2738 |
---|
3485 | | - | required to pay tax on inpatient hospital services or outpatient hospital 2739 |
---|
3486 | | - | services. 2740 Substitute Bill No. 877 |
---|
3487 | | - | |
---|
3488 | | - | |
---|
3489 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3490 | | - | R01-SB.docx } |
---|
3491 | | - | 94 of 104 |
---|
3492 | | - | |
---|
3493 | | - | (b) (1) The Commissioner of Social Services shall seek approval from 2741 |
---|
3494 | | - | the Centers for Medicare and Medicaid Services to exempt from the 2742 |
---|
3495 | | - | net revenue tax imposed under subsection (a) of this section the 2743 |
---|
3496 | | - | following: (A) Specialty hospitals; (B) children's general hospitals; and 2744 |
---|
3497 | | - | (C) hospitals operated exclusively by the state other than a short-term 2745 |
---|
3498 | | - | acute hospital operated by the state as a receiver pursuant to chapter 2746 |
---|
3499 | | - | 920. Any hospital for which the Centers for Medicare and Medicaid 2747 |
---|
3500 | | - | Services grants an exemption shall be exempt from the net revenue tax 2748 |
---|
3501 | | - | imposed under subsection (a) of this section. Any hospital for which 2749 |
---|
3502 | | - | the Centers for Medicare and Medicaid Services denies an exemption 2750 |
---|
3503 | | - | shall be deemed to be a hospital for purposes of this section and shall 2751 |
---|
3504 | | - | be required to pay the net revenue tax imposed under subsection (a) of 2752 |
---|
3505 | | - | this section on inpatient hospital services and outpatient hospital 2753 |
---|
3506 | | - | services. 2754 |
---|
3507 | | - | (2) Each hospital shall provide to the Commissioner of Social 2755 |
---|
3508 | | - | Services, upon request, such information as said commissioner may 2756 |
---|
3509 | | - | require to make any computations necessary to seek approval for 2757 |
---|
3510 | | - | exemption under this subsection. 2758 |
---|
3511 | | - | (3) As used in this subsection, (A) "specialty hospital" means a 2759 |
---|
3512 | | - | health care facility, as defined in section 19a-630, other than a facility 2760 |
---|
3513 | | - | licensed by the Department of Public Health as a short-term general 2761 |
---|
3514 | | - | hospital or a short-term children's hospital. "Specialty hospital" 2762 |
---|
3515 | | - | includes, but is not limited to, a psychiatric hospital or a chronic 2763 |
---|
3516 | | - | disease hospital, and (B) "children's general hospital" means a health 2764 |
---|
3517 | | - | care facility, as defined in section 19a-630, that is licensed by the 2765 |
---|
3518 | | - | Department of Public Health as a short-term children's hospital. 2766 |
---|
3519 | | - | "Children's general hospital" does not include a specialty hospital. 2767 |
---|
3520 | | - | (c) Prior to [January 1, 2018] July 1, 2019, and every three years 2768 |
---|
3521 | | - | thereafter, the Commissioner of Social Services shall seek approval 2769 |
---|
3522 | | - | from the Centers for Medicare and Medicaid Services to exempt 2770 |
---|
3523 | | - | financially distressed hospitals from the net revenue tax imposed on 2771 |
---|
3524 | | - | outpatient hospital services. Any such hospital for which the Centers 2772 |
---|
3525 | | - | for Medicare and Medicaid Services grants an exemption shall be 2773 Substitute Bill No. 877 |
---|
3526 | | - | |
---|
3527 | | - | |
---|
3528 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3529 | | - | R01-SB.docx } |
---|
3530 | | - | 95 of 104 |
---|
3531 | | - | |
---|
3532 | | - | exempt from the net revenue tax imposed on outpatient hospital 2774 |
---|
3533 | | - | services under subsection (a) of this section. Any hospital for which the 2775 |
---|
3534 | | - | Centers for Medicare and Medicaid Services denies an exemption shall 2776 |
---|
3535 | | - | be required to pay the net revenue tax imposed on outpatient hospital 2777 |
---|
3536 | | - | services under subsection (a) of this section. For purposes of this 2778 |
---|
3537 | | - | subsection, "financially distressed hospital" means a hospital that has 2779 |
---|
3538 | | - | experienced over a five-year period an average net loss of more than 2780 |
---|
3539 | | - | five per cent of aggregate revenue. A hospital has an average net loss 2781 |
---|
3540 | | - | of more than five per cent of aggregate revenue if such a loss is 2782 |
---|
3541 | | - | reflected in the five most recent years of financial reporting that have 2783 |
---|
3542 | | - | been made available by the Health Systems Planning Unit of the Office 2784 |
---|
3543 | | - | of Health Strategy for such hospital in accordance with section 19a-670 2785 |
---|
3544 | | - | as of the effective date of the request for approval which effective date 2786 |
---|
3545 | | - | shall be July first of the year in which the request is made. 2787 |
---|
3546 | | - | (d) The commissioner shall issue guidance regarding the 2788 |
---|
3547 | | - | administration of the tax on inpatient hospital services and outpatient 2789 |
---|
3548 | | - | hospital services. Such guidance shall be issued upon completion of a 2790 |
---|
3549 | | - | study of the applicable federal law governing the administration of tax 2791 |
---|
3550 | | - | on inpatient hospital services and outpatient hospital services. The 2792 |
---|
3551 | | - | commissioner shall conduct such study in collaboration with the 2793 |
---|
3552 | | - | Commissioner of Social Services, the Secretary of the Office of Policy 2794 |
---|
3553 | | - | and Management, the Connecticut Hospital Association and the 2795 |
---|
3554 | | - | hospitals subject to the tax imposed on inpatient hospital services and 2796 |
---|
3555 | | - | outpatient hospital services. 2797 |
---|
3556 | | - | (e) (1) The commissioner shall determine, in consultation with the 2798 |
---|
3557 | | - | Commissioner of Social Services, the Secretary of the Office of Policy 2799 |
---|
3558 | | - | and Management, the Connecticut Hospital Association and the 2800 |
---|
3559 | | - | hospitals subject to the tax imposed on inpatient hospital services and 2801 |
---|
3560 | | - | outpatient hospital services, if there is any underreporting of revenue 2802 |
---|
3561 | | - | on hospitals' audited financial statements. Such consultation shall only 2803 |
---|
3562 | | - | be as authorized under section 12-15. The commissioner shall issue 2804 |
---|
3563 | | - | guidance, if necessary, to address any such underreporting. 2805 |
---|
3564 | | - | (2) If the commissioner determines, in accordance with this 2806 Substitute Bill No. 877 |
---|
3565 | | - | |
---|
3566 | | - | |
---|
3567 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3568 | | - | R01-SB.docx } |
---|
3569 | | - | 96 of 104 |
---|
3570 | | - | |
---|
3571 | | - | subsection, that a hospital underreported net revenue on its audited 2807 |
---|
3572 | | - | financial statement, the amount of underreported net revenue shall be 2808 |
---|
3573 | | - | added to the amount of net revenue reported on such hospital's 2809 |
---|
3574 | | - | audited financial statement so as to comply with federal law and the 2810 |
---|
3575 | | - | revised net revenue amount shall be used for purposes of calculating 2811 |
---|
3576 | | - | the amount of tax owed by such hospital under this section. For 2812 |
---|
3577 | | - | purposes of this subsection, "underreported net revenue" means any 2813 |
---|
3578 | | - | revenue of a hospital subject to the tax imposed under this section that 2814 |
---|
3579 | | - | is required to be included in net revenue from the provision of 2815 |
---|
3580 | | - | inpatient hospital services and net revenue from the provision of 2816 |
---|
3581 | | - | outpatient hospital services to comply with 42 CFR 433.56, as amended 2817 |
---|
3582 | | - | from time to time, 42 CFR 433.68, as amended from time to time, and 2818 |
---|
3583 | | - | Section 1903(w) of the Social Security Act, as amended from time to 2819 |
---|
3584 | | - | time, but that was not reported on such hospital's audited financial 2820 |
---|
3585 | | - | statement. Underreported net revenue shall only include revenue of 2821 |
---|
3586 | | - | the hospital subject to such tax. 2822 |
---|
3587 | | - | (f) Nothing in this section shall affect the commissioner's obligations 2823 |
---|
3588 | | - | under section 12-15 regarding disclosure and inspection of returns and 2824 |
---|
3589 | | - | return information. 2825 |
---|
3590 | | - | (g) The provisions of section 17b-8 shall not apply to any exemption 2826 |
---|
3591 | | - | or exemptions sought by the [Department] Commissioner of Social 2827 |
---|
3592 | | - | Services from the Centers for Medicare and Medicaid Services under 2828 |
---|
3593 | | - | this section. 2829 |
---|
3594 | | - | Sec. 44. Subsection (a) of section 12-263r of the general statutes is 2830 |
---|
3595 | | - | repealed and the following is substituted in lieu thereof (Effective from 2831 |
---|
3596 | | - | passage): 2832 |
---|
3597 | | - | (a) For each calendar quarter commencing on or after July 1, 2017, 2833 |
---|
3598 | | - | there is hereby imposed a quarterly fee on each nursing home and 2834 |
---|
3599 | | - | intermediate care facility in this state, which fee shall be the product of 2835 |
---|
3600 | | - | each facility's total resident days during the calendar quarter 2836 |
---|
3601 | | - | multiplied by the user fee. Except as otherwise provided in this 2837 |
---|
3602 | | - | section, (1) the user fee for nursing homes shall be twenty-one dollars 2838 Substitute Bill No. 877 |
---|
3603 | | - | |
---|
3604 | | - | |
---|
3605 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3606 | | - | R01-SB.docx } |
---|
3607 | | - | 97 of 104 |
---|
3608 | | - | |
---|
3609 | | - | and two cents, and (2) the user fee for intermediate care facilities shall 2839 |
---|
3610 | | - | be (A) twenty-seven dollars and twenty-six cents for calendar quarters 2840 |
---|
3611 | | - | commencing on or after July 1, 2017, and prior to July 1, 2019, and (B) 2841 |
---|
3612 | | - | twenty-seven dollars and seventy-six cents for calendar quarters 2842 |
---|
3613 | | - | commencing on or after July 1, 2019. As used in this subsection, 2843 |
---|
3614 | | - | "resident day" means nursing home resident day and intermediate care 2844 |
---|
3615 | | - | facility resident day, as applicable. 2845 |
---|
3616 | | - | Sec. 45. Section 12-571 of the general statutes is repealed and the 2846 |
---|
3617 | | - | following is substituted in lieu thereof (Effective October 1, 2019): 2847 |
---|
3618 | | - | (a) The Commissioner of Consumer Protection shall enter into 2848 |
---|
3619 | | - | negotiations with a person or business organization for the award of a 2849 |
---|
3620 | | - | contract of sale of the off-track betting system including, but not 2850 |
---|
3621 | | - | limited to, the assets and liabilities of the system and the right to 2851 |
---|
3622 | | - | operate the system. Such contract of sale shall authorize the purchaser 2852 |
---|
3623 | | - | of the system to establish and conduct a system of off-track betting on 2853 |
---|
3624 | | - | races held within or without the state pursuant to the provisions of this 2854 |
---|
3625 | | - | chapter. All proceeds derived from such sale shall be deposited as 2855 |
---|
3626 | | - | provided in section 39 of public act 93-332. Until the effective date of 2856 |
---|
3627 | | - | transfer of ownership of the off-track betting system, the commissioner 2857 |
---|
3628 | | - | shall establish and conduct systems of off-track betting on races held 2858 |
---|
3629 | | - | within or without the state pursuant to the provisions of this chapter. 2859 |
---|
3630 | | - | (b) It is hereby declared that off-track betting on races conducted 2860 |
---|
3631 | | - | under the administration or regulatory authority of the department in 2861 |
---|
3632 | | - | the manner and subject to the conditions of this chapter shall be lawful 2862 |
---|
3633 | | - | notwithstanding the provisions of any other law, general, special or 2863 |
---|
3634 | | - | municipal, including any law prohibiting or restricting lotteries, 2864 |
---|
3635 | | - | bookmaking or any other kind of gambling, it being the purpose of this 2865 |
---|
3636 | | - | chapter to derive from such betting, as authorized by this chapter, a 2866 |
---|
3637 | | - | reasonable revenue for the support of state government and to prevent 2867 |
---|
3638 | | - | and curb unlawful bookmaking and illegal betting on races. 2868 |
---|
3639 | | - | [(b)] (c) Until the effective date of transfer of ownership of the off-2869 |
---|
3640 | | - | track betting system, the commissioner shall adopt rules and 2870 Substitute Bill No. 877 |
---|
3641 | | - | |
---|
3642 | | - | |
---|
3643 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3644 | | - | R01-SB.docx } |
---|
3645 | | - | 98 of 104 |
---|
3646 | | - | |
---|
3647 | | - | regulations, consistent with this chapter, establishing and governing 2871 |
---|
3648 | | - | the permitted method or methods of operation of the system of off-2872 |
---|
3649 | | - | track betting. 2873 |
---|
3650 | | - | (d) For the purposes of this section, the effective date of transfer of 2874 |
---|
3651 | | - | ownership of the off-track betting system was June 30, 1993. 2875 |
---|
3652 | | - | Sec. 46. (NEW) (Effective October 1, 2019) (a) For the purposes of this 2876 |
---|
3653 | | - | section, "advance deposit wager" means an off-track betting wager on 2877 |
---|
3654 | | - | racing events by means of telephone or other electronic means. Any 2878 |
---|
3655 | | - | advance deposit wager that originates or is placed from within the 2879 |
---|
3656 | | - | boundaries of the state shall be considered to be a wager made 2880 |
---|
3657 | | - | exclusively in the state. 2881 |
---|
3658 | | - | (b) (1) No person or business organization, other than the 2882 |
---|
3659 | | - | authorized operator of the off-track betting system, shall conduct off-2883 |
---|
3660 | | - | track betting in the state or accept off-track betting wagers or advance 2884 |
---|
3661 | | - | deposit wagers originating or placed from within the boundaries of the 2885 |
---|
3662 | | - | state. 2886 |
---|
3663 | | - | (2) A violation of subdivision (1) of this subsection shall be an unfair 2887 |
---|
3664 | | - | trade practice pursuant to subsection (a) of section 42-110b of the 2888 |
---|
3665 | | - | general statutes and any person or business organization that violates 2889 |
---|
3666 | | - | the provisions of said subdivision shall be further subject to the 2890 |
---|
3667 | | - | penalty for professional gambling, as provided in subsection (b) of 2891 |
---|
3668 | | - | section 53-278b of the general statutes, and for transmission of 2892 |
---|
3669 | | - | gambling information, as provided in subsection (a) of section 53-278d 2893 |
---|
3670 | | - | of the general statutes. 2894 |
---|
3671 | | - | Sec. 47. (Effective from passage) For the fiscal years ending June 30, 2895 |
---|
3672 | | - | 2020, and June 30, 2021, the amount deemed appropriated pursuant to 2896 |
---|
3673 | | - | sections 3-20i and 3-115b of the general statutes in each such fiscal year 2897 |
---|
3674 | | - | shall be one dollar. 2898 |
---|
3675 | | - | Sec. 48. (Effective July 1, 2019) Not later than June 30, 2020, the 2899 |
---|
3676 | | - | Comptroller shall transfer $20,000,000 of the resources of the Special 2900 |
---|
3677 | | - | Transportation Fund for the fiscal year ending June 30, 2020, to be 2901 Substitute Bill No. 877 |
---|
3678 | | - | |
---|
3679 | | - | |
---|
3680 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3681 | | - | R01-SB.docx } |
---|
3682 | | - | 99 of 104 |
---|
3683 | | - | |
---|
3684 | | - | accounted for as revenue of the Special Transportation Fund for the 2902 |
---|
3685 | | - | fiscal year ending June 30, 2021. 2903 |
---|
3686 | | - | Sec. 49. (Effective from passage) Not later than June 30, 2019, the 2904 |
---|
3687 | | - | Comptroller shall designate $100,000,000 of the resources of the 2905 |
---|
3688 | | - | General Fund for the fiscal year ending June 30, 2019, to be accounted 2906 |
---|
3689 | | - | for as revenue of the General Fund as follows: (1) $50,000,000 for the 2907 |
---|
3690 | | - | fiscal year ending June 30, 2020, and $50,000,000 for the fiscal year 2908 |
---|
3691 | | - | ending June 30, 2021. 2909 |
---|
3692 | | - | Sec. 50. Subdivision (1) of subsection (a) of section 12-217 of the 2910 |
---|
3693 | | - | general statutes is repealed and the following is substituted in lieu 2911 |
---|
3694 | | - | thereof (Effective from passage): 2912 |
---|
3695 | | - | (a) (1) In arriving at net income as defined in section 12-213, whether 2913 |
---|
3696 | | - | or not the taxpayer is taxable under the federal corporation net income 2914 |
---|
3697 | | - | tax, there shall be deducted from gross income, (A) all items deductible 2915 |
---|
3698 | | - | under the Internal Revenue Code effective and in force on the last day 2916 |
---|
3699 | | - | of the income year except (i) any taxes imposed under the provisions 2917 |
---|
3700 | | - | of this chapter which are paid or accrued in the income year and in the 2918 |
---|
3701 | | - | income year commencing January 1, 1989, and thereafter, any taxes in 2919 |
---|
3702 | | - | any state of the United States or any political subdivision of such state, 2920 |
---|
3703 | | - | or the District of Columbia, imposed on or measured by the income or 2921 |
---|
3704 | | - | profits of a corporation which are paid or accrued in the income year, 2922 |
---|
3705 | | - | (ii) deductions for depreciation, which shall be allowed as provided in 2923 |
---|
3706 | | - | subsection (b) of this section, (iii) deductions for qualified domestic 2924 |
---|
3707 | | - | production activities income, as provided in Section 199 of the Internal 2925 |
---|
3708 | | - | Revenue Code, and (iv) in the case of any captive real estate 2926 |
---|
3709 | | - | investment trust, the deduction for dividends paid provided under 2927 |
---|
3710 | | - | Section 857(b)(2) of the Internal Revenue Code, and (B) additionally, in 2928 |
---|
3711 | | - | the case of a regulated investment company, the sum of (i) the exempt-2929 |
---|
3712 | | - | interest dividends, as defined in the Internal Revenue Code, and (ii) 2930 |
---|
3713 | | - | expenses, bond premium, and interest related to tax-exempt income 2931 |
---|
3714 | | - | that are disallowed as deductions under the Internal Revenue Code, 2932 |
---|
3715 | | - | and (C) in the case of a taxpayer maintaining an international banking 2933 |
---|
3716 | | - | facility as defined in the laws of the United States or the regulations of 2934 Substitute Bill No. 877 |
---|
3717 | | - | |
---|
3718 | | - | |
---|
3719 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3720 | | - | R01-SB.docx } |
---|
3721 | | - | 100 of 104 |
---|
3722 | | - | |
---|
3723 | | - | the Board of Governors of the Federal Reserve System, as either may 2935 |
---|
3724 | | - | be amended from time to time, the gross income attributable to the 2936 |
---|
3725 | | - | international banking facility, provided, no expense or loss attributable 2937 |
---|
3726 | | - | to the international banking facility shall be a deduction under any 2938 |
---|
3727 | | - | provision of this section, and (D) additionally, in the case of all 2939 |
---|
3728 | | - | taxpayers, all dividends as defined in the Internal Revenue Code 2940 |
---|
3729 | | - | effective and in force on the last day of the income year not otherwise 2941 |
---|
3730 | | - | deducted from gross income, including dividends received from a 2942 |
---|
3731 | | - | DISC or former DISC as defined in Section 992 of the Internal Revenue 2943 |
---|
3732 | | - | Code and dividends deemed to have been distributed by a DISC or 2944 |
---|
3733 | | - | former DISC as provided in Section 995 of said Internal Revenue Code, 2945 |
---|
3734 | | - | other than thirty per cent of dividends received from a domestic 2946 |
---|
3735 | | - | corporation in which the taxpayer owns less than twenty per cent of 2947 |
---|
3736 | | - | the total voting power and value of the stock of such corporation, and 2948 |
---|
3737 | | - | (E) additionally, in the case of all taxpayers, the value of any capital 2949 |
---|
3738 | | - | gain realized from the sale of any land, or interest in land, to the state, 2950 |
---|
3739 | | - | any political subdivision of the state, or to any nonprofit land 2951 |
---|
3740 | | - | conservation organization where such land is to be permanently 2952 |
---|
3741 | | - | preserved as protected open space or to a water company, as defined 2953 |
---|
3742 | | - | in section 25-32a, where such land is to be permanently preserved as 2954 |
---|
3743 | | - | protected open space or as Class I or Class II water company land, and 2955 |
---|
3744 | | - | (F) in the case of manufacturers, the amount of any contribution to a 2956 |
---|
3745 | | - | manufacturing reinvestment account established pursuant to section 2957 |
---|
3746 | | - | 32-9zz in the income year that such contribution is made to the extent 2958 |
---|
3747 | | - | not deductible for federal income tax purposes, [(G) additionally, to 2959 |
---|
3748 | | - | the extent allowable under subsection (g) of section 32-776, the amount 2960 |
---|
3749 | | - | paid by a 7/7 participant, as defined in section 32-776, for the 2961 |
---|
3750 | | - | remediation of a brownfield,] and [(H)] (G) the amount of any 2962 |
---|
3751 | | - | contribution made on or after December 23, 2017, by the state of 2963 |
---|
3752 | | - | Connecticut or a political subdivision thereof to the extent included in 2964 |
---|
3753 | | - | a company's gross income under Section 118(b)(2) of the Internal 2965 |
---|
3754 | | - | Revenue Code. 2966 |
---|
3755 | | - | Sec. 51. Sections 12-704f and 32-776 of the general statutes are 2967 |
---|
3756 | | - | repealed. (Effective from passage and applicable to taxable years commencing 2968 Substitute Bill No. 877 |
---|
3757 | | - | |
---|
3758 | | - | |
---|
3759 | | - | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877- |
---|
3760 | | - | R01-SB.docx } |
---|
3761 | | - | 101 of 104 |
---|
3762 | | - | |
---|
3763 | | - | on or after January 1, 2019) 2969 |
---|
3764 | | - | Sec. 52. Section 16-331ii of the general statutes is repealed. (Effective 2970 |
---|
3765 | | - | July 1, 2019) 2971 |
---|
3766 | | - | Sec. 53. Subdivision (91) of section 12-412 of the general statutes is 2972 |
---|
3767 | | - | repealed. (Effective January 1, 2020) 2973 |
---|
| 1006 | + | (b) The tax imposed by section 12-640, as amended by this act, shall 637 |
---|
| 1007 | + | be paid by the donor. If the gift tax is not paid when due the donee of 638 |
---|
| 1008 | + | any gift shall be personally liable for the tax to the extent of the value 639 |
---|
| 1009 | + | of the gift. 640 |
---|
| 1010 | + | (c) [(1)] With respect to Connecticut taxable gifts, as defined in 641 |
---|
| 1011 | + | section 12-643, as amended by this act, made by a donor during a 642 |
---|
| 1012 | + | calendar year commencing on or after January 1, 2016, but prior to 643 |
---|
| 1013 | + | January 1, 2019, the aggregate amount of tax imposed by section 12-644 |
---|
| 1014 | + | 640, as amended by this act, for all calendar years commencing on or 645 |
---|
| 1015 | + | after January 1, 2016, shall not exceed twenty million dollars. 646 |
---|
| 1016 | + | [(2) With respect to Connecticut taxable gifts, as defined in section 647 |
---|
| 1017 | + | 12-643, made by a donor during a calendar year commencing on or 648 |
---|
| 1018 | + | after January 1, 2019, the aggregate amount of tax imposed by section 649 |
---|
| 1019 | + | 12-640 for all calendar years commencing on or after January 1, 2016, 650 |
---|
| 1020 | + | shall not exceed fifteen million dollars.] 651 |
---|
| 1021 | + | Sec. 11. Subdivision (3) of section 12-643 of the general statutes is 652 |
---|
| 1022 | + | repealed and the following is substituted in lieu thereof (Effective from 653 |
---|
| 1023 | + | passage and applicable to estates of decedents dying on or after January 1, 654 |
---|
| 1024 | + | 2019): 655 |
---|
| 1025 | + | (3) "Connecticut taxable gifts" means taxable gifts made during a 656 |
---|
| 1026 | + | calendar year commencing on or after January 1, 2005, but prior to 657 |
---|
| 1027 | + | January 1, 2019, that are, (A) for residents of this state, taxable gifts, 658 |
---|
| 1028 | + | wherever located, but excepting gifts of real estate or tangible personal 659 |
---|
| 1029 | + | property located outside this state, and (B) for nonresidents of this 660 |
---|
| 1030 | + | state, gifts of real estate or tangible personal property located within 661 |
---|
| 1031 | + | this state. 662 |
---|
| 1032 | + | Governor's Bill No. 877 |
---|
| 1033 | + | |
---|
| 1034 | + | |
---|
| 1035 | + | |
---|
| 1036 | + | LCO No. 4566 28 of 138 |
---|
| 1037 | + | |
---|
| 1038 | + | Sec. 12. Subsections (a) to (e), inclusive, of section 12-391 of the 663 |
---|
| 1039 | + | general statutes are repealed and the following is substituted in lieu 664 |
---|
| 1040 | + | thereof (Effective from passage and applicable to estates of decedents dying on 665 |
---|
| 1041 | + | or after January 1, 2019): 666 |
---|
| 1042 | + | (a) With respect to estates of decedents who die prior to January 1, 667 |
---|
| 1043 | + | 2005, and except as otherwise provided in section 59 of public act 03-1 668 |
---|
| 1044 | + | of the June 30 special session, a tax is imposed upon the transfer of the 669 |
---|
| 1045 | + | estate of each person who at the time of death was a resident of this 670 |
---|
| 1046 | + | state. The amount of the tax shall be the amount of the federal credit 671 |
---|
| 1047 | + | allowable for estate, inheritance, legacy and succession taxes paid to 672 |
---|
| 1048 | + | any state or the District of Columbia under the provisions of the 673 |
---|
| 1049 | + | federal internal revenue code in force at the date of such decedent's 674 |
---|
| 1050 | + | death in respect to any property owned by such decedent or subject to 675 |
---|
| 1051 | + | such taxes as part of or in connection with the estate of such decedent. 676 |
---|
| 1052 | + | If real or tangible personal property of such decedent is located outside 677 |
---|
| 1053 | + | this state and is subject to estate, inheritance, legacy, or succession 678 |
---|
| 1054 | + | taxes by any state or states, other than the state of Connecticut, or by 679 |
---|
| 1055 | + | the District of Columbia for which such federal credit is allowable, the 680 |
---|
| 1056 | + | amount of tax due under this section shall be reduced by the lesser of: 681 |
---|
| 1057 | + | (1) The amount of any such taxes paid to such other state or states or 682 |
---|
| 1058 | + | said district and allowed as a credit against the federal estate tax; or (2) 683 |
---|
| 1059 | + | an amount computed by multiplying such federal credit by a fraction, 684 |
---|
| 1060 | + | (A) the numerator of which is the value of that part of the decedent's 685 |
---|
| 1061 | + | gross estate over which such other state or states or said district have 686 |
---|
| 1062 | + | jurisdiction for estate tax purposes to the same extent to which this 687 |
---|
| 1063 | + | state would assert jurisdiction for estate tax purposes under this 688 |
---|
| 1064 | + | chapter with respect to the residents of such other state or states or 689 |
---|
| 1065 | + | said district, and (B) the denominator of which is the value of the 690 |
---|
| 1066 | + | decedent's gross estate. Property of a resident estate over which this 691 |
---|
| 1067 | + | state has jurisdiction for estate tax purposes includes real property 692 |
---|
| 1068 | + | situated in this state, tangible personal property having an actual situs 693 |
---|
| 1069 | + | in this state, and intangible personal property owned by the decedent, 694 |
---|
| 1070 | + | regardless of where it is located. The amount of any estate tax imposed 695 |
---|
| 1071 | + | Governor's Bill No. 877 |
---|
| 1072 | + | |
---|
| 1073 | + | |
---|
| 1074 | + | |
---|
| 1075 | + | LCO No. 4566 29 of 138 |
---|
| 1076 | + | |
---|
| 1077 | + | under this subsection shall also be reduced, but not below zero, by the 696 |
---|
| 1078 | + | amount of any tax that is imposed under chapter 216 and that is 697 |
---|
| 1079 | + | actually paid to this state. 698 |
---|
| 1080 | + | (b) With respect to the estates of decedents who die prior to January 699 |
---|
| 1081 | + | 1, 2005, and except as otherwise provided in section 59 of public act 03-700 |
---|
| 1082 | + | 1 of the June 30 special session, a tax is imposed upon the transfer of 701 |
---|
| 1083 | + | the estate of each person who at the time of death was a nonresident of 702 |
---|
| 1084 | + | this state, the amount of which shall be computed by multiplying (1) 703 |
---|
| 1085 | + | the federal credit allowable for estate, inheritance, legacy, and 704 |
---|
| 1086 | + | succession taxes paid to any state or states or the District of Columbia 705 |
---|
| 1087 | + | under the provisions of the federal internal revenue code in force at the 706 |
---|
| 1088 | + | date of such decedent's death in respect to any property owned by 707 |
---|
| 1089 | + | such decedent or subject to such taxes as a part of or in connection 708 |
---|
| 1090 | + | with the estate of such decedent by (2) a fraction, (A) the numerator of 709 |
---|
| 1091 | + | which is the value of that part of the decedent's gross estate over which 710 |
---|
| 1092 | + | this state has jurisdiction for estate tax purposes and (B) the 711 |
---|
| 1093 | + | denominator of which is the value of the decedent's gross estate. 712 |
---|
| 1094 | + | Property of a nonresident estate over which this state has jurisdiction 713 |
---|
| 1095 | + | for estate tax purposes includes real property situated in this state and 714 |
---|
| 1096 | + | tangible personal property having an actual situs in this state. The 715 |
---|
| 1097 | + | amount of any estate tax imposed under this subsection shall also be 716 |
---|
| 1098 | + | reduced, but not below zero, by the amount of any tax that is imposed 717 |
---|
| 1099 | + | under chapter 216 and that is actually paid to this state. 718 |
---|
| 1100 | + | (c) For purposes of this section and section 12-392, as amended by 719 |
---|
| 1101 | + | this act: 720 |
---|
| 1102 | + | (1) (A) "Connecticut taxable estate" means, with respect to the 721 |
---|
| 1103 | + | estates of decedents dying on or after January 1, 2005, but prior to 722 |
---|
| 1104 | + | January 1, 2010, (i) the gross estate less allowable deductions, as 723 |
---|
| 1105 | + | determined under Chapter 11 of the Internal Revenue Code, plus (ii) 724 |
---|
| 1106 | + | the aggregate amount of all Connecticut taxable gifts, as defined in 725 |
---|
| 1107 | + | section 12-643, as amended by this act, made by the decedent for all 726 |
---|
| 1108 | + | calendar years beginning on or after January 1, 2005, but prior to 727 |
---|
| 1109 | + | Governor's Bill No. 877 |
---|
| 1110 | + | |
---|
| 1111 | + | |
---|
| 1112 | + | |
---|
| 1113 | + | LCO No. 4566 30 of 138 |
---|
| 1114 | + | |
---|
| 1115 | + | January 1, 2010. The deduction for state death taxes paid under Section 728 |
---|
| 1116 | + | 2058 of said code shall be disregarded. 729 |
---|
| 1117 | + | (B) "Connecticut taxable estate" means, with respect to the estates of 730 |
---|
| 1118 | + | decedents dying on or after January 1, 2010, but prior to January 1, 731 |
---|
| 1119 | + | 2015, (i) the gross estate less allowable deductions, as determined 732 |
---|
| 1120 | + | under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 733 |
---|
| 1121 | + | amount of all Connecticut taxable gifts, as defined in section 12-643, as 734 |
---|
| 1122 | + | amended by this act, made by the decedent for all calendar years 735 |
---|
| 1123 | + | beginning on or after January 1, 2005, but prior to January 1, 2015. The 736 |
---|
| 1124 | + | deduction for state death taxes paid under Section 2058 of said code 737 |
---|
| 1125 | + | shall be disregarded. 738 |
---|
| 1126 | + | (C) "Connecticut taxable estate" means, with respect to the estates of 739 |
---|
| 1127 | + | decedents dying on or after January 1, 2015, but prior to January 1, 740 |
---|
| 1128 | + | 2019, (i) the gross estate less allowable deductions, as determined 741 |
---|
| 1129 | + | under Chapter 11 of the Internal Revenue Code, plus (ii) the aggregate 742 |
---|
| 1130 | + | amount of all Connecticut taxable gifts, as defined in section 12-643, as 743 |
---|
| 1131 | + | amended by this act, made by the decedent for all calendar years 744 |
---|
| 1132 | + | beginning on or after January 1, 2005, but prior to January 1, 2019, 745 |
---|
| 1133 | + | other than Connecticut taxable gifts that are includable in the gross 746 |
---|
| 1134 | + | estate for federal estate tax purposes of the decedent, plus (iii) the 747 |
---|
| 1135 | + | amount of any tax paid to this state pursuant to section 12-642, as 748 |
---|
| 1136 | + | amended by this act, by the decedent or the decedent's estate on any 749 |
---|
| 1137 | + | gift made by the decedent or the decedent's spouse during the three-750 |
---|
| 1138 | + | year period preceding the date of the decedent's death. The deduction 751 |
---|
| 1139 | + | for state death taxes paid under Section 2058 of the Internal Revenue 752 |
---|
| 1140 | + | Code shall be disregarded. 753 |
---|
| 1141 | + | (D) "Connecticut taxable estate" means, with respect to the estates of 754 |
---|
| 1142 | + | decedents dying on or after January 1, 2019, (i) the gross estate less 755 |
---|
| 1143 | + | allowable deductions, as determined under Chapter 11 of the Internal 756 |
---|
| 1144 | + | Revenue Code, plus (ii) the aggregate amount of all taxable gifts, as 757 |
---|
| 1145 | + | defined in section 12-643, as amended by this act, made by the 758 |
---|
| 1146 | + | decedent for all calendar years beginning on or after January 1, 2005, 759 |
---|
| 1147 | + | Governor's Bill No. 877 |
---|
| 1148 | + | |
---|
| 1149 | + | |
---|
| 1150 | + | |
---|
| 1151 | + | LCO No. 4566 31 of 138 |
---|
| 1152 | + | |
---|
| 1153 | + | but prior to January 1, 2019, other than Connecticut taxable gifts that 760 |
---|
| 1154 | + | are includable in the gross estate for federal tax purposes of the 761 |
---|
| 1155 | + | decedent, plus (iii) the amount of any tax paid to this state pursuant to 762 |
---|
| 1156 | + | section 12-642, as amended by this act, by the decedent or the 763 |
---|
| 1157 | + | decedent's estate on any gift made by the decedent or the decedent's 764 |
---|
| 1158 | + | spouse during the three-year period preceding the date of the 765 |
---|
| 1159 | + | decedent's death, plus (iv) the amount of any taxable gift, as defined in 766 |
---|
| 1160 | + | Section 2503 of the Internal Revenue Code, excluding any taxable gift 767 |
---|
| 1161 | + | made when the decedent was a nonresident or that is real property or 768 |
---|
| 1162 | + | tangible personal property having an actual situs outside this state at 769 |
---|
| 1163 | + | the time the gift was made, that is (I) made on or after January 1, 2019, 770 |
---|
| 1164 | + | (II) not otherwise included in the decedent's gross estate, and (III) 771 |
---|
| 1165 | + | made during the three-year period preceding the date of the decedent's 772 |
---|
| 1166 | + | death. The deduction for state death taxes paid under Section 2058 of 773 |
---|
| 1167 | + | the Internal Revenue Code shall be disregarded. 774 |
---|
| 1168 | + | (2) "Internal Revenue Code" means the Internal Revenue Code of 775 |
---|
| 1169 | + | 1986, or any subsequent corresponding internal revenue code of the 776 |
---|
| 1170 | + | United States, as amended from time to time, except in the event of 777 |
---|
| 1171 | + | repeal of the federal estate tax, then all references to the Internal 778 |
---|
| 1172 | + | Revenue Code in this section shall mean the Internal Revenue Code as 779 |
---|
| 1173 | + | in force on the day prior to the effective date of such repeal. 780 |
---|
| 1174 | + | (3) "Gross estate" means the gross estate, for federal estate tax 781 |
---|
| 1175 | + | purposes. 782 |
---|
| 1176 | + | (4) "Federal basic exclusion amount" means the dollar amount 783 |
---|
| 1177 | + | published annually by the Internal Revenue Service at which a 784 |
---|
| 1178 | + | decedent would be required to file a federal estate tax return based on 785 |
---|
| 1179 | + | the value of the decedent's gross estate and federally taxable gifts. 786 |
---|
| 1180 | + | (d) (1) (A) With respect to the estates of decedents who die on or 787 |
---|
| 1181 | + | after January 1, 2005, but prior to January 1, 2010, a tax is imposed 788 |
---|
| 1182 | + | upon the transfer of the estate of each person who at the time of death 789 |
---|
| 1183 | + | was a resident of this state. The amount of the tax shall be determined 790 |
---|
| 1184 | + | Governor's Bill No. 877 |
---|
| 1185 | + | |
---|
| 1186 | + | |
---|
| 1187 | + | |
---|
| 1188 | + | LCO No. 4566 32 of 138 |
---|
| 1189 | + | |
---|
| 1190 | + | using the schedule in subsection (g) of this section. A credit shall be 791 |
---|
| 1191 | + | allowed against such tax for any taxes paid to this state pursuant to 792 |
---|
| 1192 | + | section 12-642, as amended by this act, for Connecticut taxable gifts 793 |
---|
| 1193 | + | made on or after January 1, 2005, but prior to January 1, 2010. 794 |
---|
| 1194 | + | (B) With respect to the estates of decedents who die on or after 795 |
---|
| 1195 | + | January 1, 2010, but prior to January 1, 2015, a tax is imposed upon the 796 |
---|
| 1196 | + | transfer of the estate of each person who at the time of death was a 797 |
---|
| 1197 | + | resident of this state. The amount of the tax shall be determined using 798 |
---|
| 1198 | + | the schedule in subsection (g) of this section. A credit shall be allowed 799 |
---|
| 1199 | + | against such tax for any taxes paid to this state pursuant to section 12-800 |
---|
| 1200 | + | 642, as amended by this act, for Connecticut taxable gifts made on or 801 |
---|
| 1201 | + | after January 1, 2005, but prior to January 1, 2015, provided such credit 802 |
---|
| 1202 | + | shall not exceed the amount of tax imposed by this section. 803 |
---|
| 1203 | + | (C) With respect to the estates of decedents who die on or after 804 |
---|
| 1204 | + | January 1, 2015, but prior to January 1, 2016, a tax is imposed upon the 805 |
---|
| 1205 | + | transfer of the estate of each person who at the time of death was a 806 |
---|
| 1206 | + | resident of this state. The amount of the tax shall be determined using 807 |
---|
| 1207 | + | the schedule in subsection (g) of this section. A credit shall be allowed 808 |
---|
| 1208 | + | against such tax for (i) any taxes paid to this state pursuant to section 809 |
---|
| 1209 | + | 12-642, as amended by this act, by the decedent or the decedent's estate 810 |
---|
| 1210 | + | for Connecticut taxable gifts made on or after January 1, 2005, but prior 811 |
---|
| 1211 | + | to January 1, 2016, and (ii) any taxes paid by the decedent's spouse to 812 |
---|
| 1212 | + | this state pursuant to section 12-642, as amended by this act, for 813 |
---|
| 1213 | + | Connecticut taxable gifts made by the decedent on or after January 1, 814 |
---|
| 1214 | + | 2005, but prior to January 1, 2016, that are includable in the gross estate 815 |
---|
| 1215 | + | of the decedent, provided such credit shall not exceed the amount of 816 |
---|
| 1216 | + | tax imposed by this section. 817 |
---|
| 1217 | + | (D) With respect to the estates of decedents who die on or after 818 |
---|
| 1218 | + | January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 819 |
---|
| 1219 | + | transfer of the estate of each person who at the time of death was a 820 |
---|
| 1220 | + | resident of this state. The amount of the tax shall be determined using 821 |
---|
| 1221 | + | the schedule in subsection (g) of this section. A credit shall be allowed 822 |
---|
| 1222 | + | Governor's Bill No. 877 |
---|
| 1223 | + | |
---|
| 1224 | + | |
---|
| 1225 | + | |
---|
| 1226 | + | LCO No. 4566 33 of 138 |
---|
| 1227 | + | |
---|
| 1228 | + | against such tax for (i) any taxes paid to this state pursuant to section 823 |
---|
| 1229 | + | 12-642, as amended by this act, by the decedent or the decedent's estate 824 |
---|
| 1230 | + | for Connecticut taxable gifts made on or after January 1, 2005, but prior 825 |
---|
| 1231 | + | to January 1, 2019, and (ii) any taxes paid by the decedent's spouse to 826 |
---|
| 1232 | + | this state pursuant to section 12-642, as amended by this act, for 827 |
---|
| 1233 | + | Connecticut taxable gifts made by the decedent on or after January 1, 828 |
---|
| 1234 | + | 2005, but prior to January 1, 2019, that are includable in the gross estate 829 |
---|
| 1235 | + | of the decedent, provided such credit shall not exceed the amount of 830 |
---|
| 1236 | + | tax imposed by this section. In no event shall the amount of tax 831 |
---|
| 1237 | + | payable under this section exceed twenty million dollars. Such twenty-832 |
---|
| 1238 | + | million-dollar limit shall be reduced by the amount of (I) any taxes 833 |
---|
| 1239 | + | paid to this state pursuant to section 12-642, as amended by this act, by 834 |
---|
| 1240 | + | the decedent or the decedent's estate for Connecticut taxable gifts 835 |
---|
| 1241 | + | made on or after January 1, 2016, and (II) any taxes paid by the 836 |
---|
| 1242 | + | decedent's spouse to this state pursuant to section 12-642, as amended 837 |
---|
| 1243 | + | by this act, for Connecticut taxable gifts made by the decedent on or 838 |
---|
| 1244 | + | after January 1, 2016, but prior to January 1, 2019, that are includable in 839 |
---|
| 1245 | + | the gross estate of the decedent, but in no event shall the amount be 840 |
---|
| 1246 | + | reduced below zero. 841 |
---|
| 1247 | + | (E) With respect to the estates of decedents who die on or after 842 |
---|
| 1248 | + | January 1, 2019, a tax is imposed upon the transfer of the estate of each 843 |
---|
| 1249 | + | person who at the time of death was a resident of this state. The 844 |
---|
| 1250 | + | amount of the tax shall be determined using the schedule in subsection 845 |
---|
| 1251 | + | (g) of this section. A credit shall be allowed against such tax for (i) any 846 |
---|
| 1252 | + | taxes paid to this state pursuant to section 12-642, as amended by this 847 |
---|
| 1253 | + | act, by the decedent or the decedent's estate for Connecticut taxable 848 |
---|
| 1254 | + | gifts made on or after January 1, 2005, and (ii) any taxes paid by the 849 |
---|
| 1255 | + | decedent's spouse to this state pursuant to section 12-642, as amended 850 |
---|
| 1256 | + | by this act, for Connecticut taxable gifts made by the decedent on or 851 |
---|
| 1257 | + | after January 1, 2005, that are includable in the gross estate of the 852 |
---|
| 1258 | + | decedent, provided such credit shall not exceed the amount of tax 853 |
---|
| 1259 | + | imposed by this section. In no event shall the amount of tax payable 854 |
---|
| 1260 | + | under this section exceed fifteen million dollars. Such fifteen-million-855 |
---|
| 1261 | + | Governor's Bill No. 877 |
---|
| 1262 | + | |
---|
| 1263 | + | |
---|
| 1264 | + | |
---|
| 1265 | + | LCO No. 4566 34 of 138 |
---|
| 1266 | + | |
---|
| 1267 | + | dollar limit shall be reduced by the amount of (I) any taxes paid to this 856 |
---|
| 1268 | + | state pursuant to section 12-642, as amended by this act, by the 857 |
---|
| 1269 | + | decedent or the decedent's estate for Connecticut taxable gifts made on 858 |
---|
| 1270 | + | or after January 1, 2016, and (II) any taxes paid by the decedent's 859 |
---|
| 1271 | + | spouse to this state pursuant to section 12-642, as amended by this act, 860 |
---|
| 1272 | + | for Connecticut taxable gifts made by the decedent on or after January 861 |
---|
| 1273 | + | 1, 2016, that are includable in the gross estate of the decedent, but in no 862 |
---|
| 1274 | + | event shall the amount be reduced below zero. 863 |
---|
| 1275 | + | (2) If real or tangible personal property of such decedent is located 864 |
---|
| 1276 | + | outside this state, the amount of tax due under this section shall be 865 |
---|
| 1277 | + | reduced by an amount computed by multiplying the tax otherwise due 866 |
---|
| 1278 | + | pursuant to subdivision (1) of this subsection, without regard to the 867 |
---|
| 1279 | + | credit allowed for any taxes paid to this state pursuant to section 12-868 |
---|
| 1280 | + | 642, as amended by this act, by a fraction, (A) the numerator of which 869 |
---|
| 1281 | + | is the value of that part of the decedent's gross estate attributable to 870 |
---|
| 1282 | + | real or tangible personal property located outside of the state, and (B) 871 |
---|
| 1283 | + | the denominator of which is the value of the decedent's gross estate. 872 |
---|
| 1284 | + | (3) For a resident estate, the state shall have the power to levy the 873 |
---|
| 1285 | + | estate tax upon real property situated in this state, tangible personal 874 |
---|
| 1286 | + | property having an actual situs in this state and intangible personal 875 |
---|
| 1287 | + | property included in the gross estate of the decedent, regardless of 876 |
---|
| 1288 | + | where it is located. The state is permitted to calculate the estate tax and 877 |
---|
| 1289 | + | levy said tax to the fullest extent permitted by the Constitution of the 878 |
---|
| 1290 | + | United States. 879 |
---|
| 1291 | + | (e) (1) (A) With respect to the estates of decedents who die on or 880 |
---|
| 1292 | + | after January 1, 2005, but prior to January 1, 2010, a tax is imposed 881 |
---|
| 1293 | + | upon the transfer of the estate of each person who at the time of death 882 |
---|
| 1294 | + | was a nonresident of this state. The amount of such tax shall be 883 |
---|
| 1295 | + | computed by multiplying (i) the amount of tax determined using the 884 |
---|
| 1296 | + | schedule in subsection (g) of this section by (ii) a fraction, the 885 |
---|
| 1297 | + | numerator of which is the value of that part of the decedent's gross 886 |
---|
| 1298 | + | estate over which this state has jurisdiction for estate tax purposes, and 887 |
---|
| 1299 | + | Governor's Bill No. 877 |
---|
| 1300 | + | |
---|
| 1301 | + | |
---|
| 1302 | + | |
---|
| 1303 | + | LCO No. 4566 35 of 138 |
---|
| 1304 | + | |
---|
| 1305 | + | the denominator of which is the value of the decedent's gross estate. A 888 |
---|
| 1306 | + | credit shall be allowed against such tax for any taxes paid to this state 889 |
---|
| 1307 | + | pursuant to section 12-642, as amended by this act, for Connecticut 890 |
---|
| 1308 | + | taxable gifts made on or after January 1, 2005, but prior to January 1, 891 |
---|
| 1309 | + | 2010. 892 |
---|
| 1310 | + | (B) With respect to the estates of decedents who die on or after 893 |
---|
| 1311 | + | January 1, 2010, but prior to January 1, 2016, a tax is imposed upon the 894 |
---|
| 1312 | + | transfer of the estate of each person who at the time of death was a 895 |
---|
| 1313 | + | nonresident of this state. The amount of such tax shall be computed by 896 |
---|
| 1314 | + | multiplying (i) the amount of tax determined using the schedule in 897 |
---|
| 1315 | + | subsection (g) of this section by (ii) a fraction, the numerator of which 898 |
---|
| 1316 | + | is the value of that part of the decedent's gross estate over which this 899 |
---|
| 1317 | + | state has jurisdiction for estate tax purposes, and the denominator of 900 |
---|
| 1318 | + | which is the value of the decedent's gross estate. A credit shall be 901 |
---|
| 1319 | + | allowed against such tax for any taxes paid to this state pursuant to 902 |
---|
| 1320 | + | section 12-642, as amended by this act, for Connecticut taxable gifts 903 |
---|
| 1321 | + | made on or after January 1, 2005, but prior to January 1, 2016, provided 904 |
---|
| 1322 | + | such credit shall not exceed the amount of tax imposed by this section. 905 |
---|
| 1323 | + | (C) With respect to the estates of decedents who die on or after 906 |
---|
| 1324 | + | January 1, 2016, but prior to January 1, 2019, a tax is imposed upon the 907 |
---|
| 1325 | + | transfer of the estate of each person who at the time of death was a 908 |
---|
| 1326 | + | nonresident of this state. The amount of such tax shall be computed by 909 |
---|
| 1327 | + | multiplying (i) the amount of tax determined using the schedule in 910 |
---|
| 1328 | + | subsection (g) of this section by (ii) a fraction, the numerator of which 911 |
---|
| 1329 | + | is the value of that part of the decedent's gross estate over which this 912 |
---|
| 1330 | + | state has jurisdiction for estate tax purposes, and the denominator of 913 |
---|
| 1331 | + | which is the value of the decedent's gross estate. A credit shall be 914 |
---|
| 1332 | + | allowed against such tax for any taxes paid to this state pursuant to 915 |
---|
| 1333 | + | section 12-642, as amended by this act, for Connecticut taxable gifts 916 |
---|
| 1334 | + | made on or after January 1, 2005, but prior to January 1, 2019, provided 917 |
---|
| 1335 | + | such credit shall not exceed the amount of tax imposed by this section. 918 |
---|
| 1336 | + | In no event shall the amount of tax payable under this section exceed 919 |
---|
| 1337 | + | twenty million dollars. Such twenty-million-dollar limit shall be 920 |
---|
| 1338 | + | Governor's Bill No. 877 |
---|
| 1339 | + | |
---|
| 1340 | + | |
---|
| 1341 | + | |
---|
| 1342 | + | LCO No. 4566 36 of 138 |
---|
| 1343 | + | |
---|
| 1344 | + | reduced by the amount of (I) any taxes paid to this state pursuant to 921 |
---|
| 1345 | + | section 12-642, as amended by this act, by the decedent or the 922 |
---|
| 1346 | + | decedent's estate for Connecticut taxable gifts made on or after January 923 |
---|
| 1347 | + | 1, 2016, but prior to January 1, 2019, and (II) any taxes paid by the 924 |
---|
| 1348 | + | decedent's spouse to this state pursuant to section 12-642, as amended 925 |
---|
| 1349 | + | by this act, for Connecticut taxable gifts made by the decedent on or 926 |
---|
| 1350 | + | after January 1, 2016, but prior to January 1, 2019, that are includable in 927 |
---|
| 1351 | + | the gross estate of the decedent, but in no event shall the amount be 928 |
---|
| 1352 | + | reduced below zero. 929 |
---|
| 1353 | + | (D) With respect to the estates of decedents who die on or after 930 |
---|
| 1354 | + | January 1, 2019, a tax is imposed upon the transfer of the estate of each 931 |
---|
| 1355 | + | person who at the time of death was a nonresident of this state. The 932 |
---|
| 1356 | + | amount of such tax shall be computed by multiplying the amount of 933 |
---|
| 1357 | + | tax determined using the schedule in subsection (g) of this section by a 934 |
---|
| 1358 | + | fraction, the numerator of which is the value of that part of the 935 |
---|
| 1359 | + | decedent's gross estate over which this state has jurisdiction for estate 936 |
---|
| 1360 | + | tax purposes, and the denominator of which is the value of the 937 |
---|
| 1361 | + | decedent's gross estate. A credit shall be allowed against such tax for 938 |
---|
| 1362 | + | (i) any taxes paid to this state pursuant to section 12-642, as amended 939 |
---|
| 1363 | + | by this act, by the decedent or the decedent's estate for Connecticut 940 |
---|
| 1364 | + | taxable gifts made on or after January 1, 2005, and (ii) any taxes paid 941 |
---|
| 1365 | + | by the decedent's spouse to this state pursuant to section 12-642, as 942 |
---|
| 1366 | + | amended by this act, for Connecticut taxable gifts made by the 943 |
---|
| 1367 | + | decedent on or after January 1, 2005, that are includable in the gross 944 |
---|
| 1368 | + | estate of the decedent, provided such credit shall not exceed the 945 |
---|
| 1369 | + | amount of tax imposed by this section. In no event shall the amount of 946 |
---|
| 1370 | + | tax payable under this section exceed fifteen million dollars. Such 947 |
---|
| 1371 | + | fifteen-million-dollar limit shall be reduced by the amount of (I) any 948 |
---|
| 1372 | + | taxes paid to this state pursuant to section 12-642, as amended by this 949 |
---|
| 1373 | + | act, by the decedent or the decedent's estate for Connecticut taxable 950 |
---|
| 1374 | + | gifts made on or after January 1, 2016, and (II) any taxes paid by the 951 |
---|
| 1375 | + | decedent's spouse to this state pursuant to section 12-642, as amended 952 |
---|
| 1376 | + | by this act, for Connecticut taxable gifts made by the decedent on or 953 |
---|
| 1377 | + | Governor's Bill No. 877 |
---|
| 1378 | + | |
---|
| 1379 | + | |
---|
| 1380 | + | |
---|
| 1381 | + | LCO No. 4566 37 of 138 |
---|
| 1382 | + | |
---|
| 1383 | + | after January 1, 2016, that are includable in the gross estate of the 954 |
---|
| 1384 | + | decedent, but in no event shall the amount be reduced below zero. 955 |
---|
| 1385 | + | (2) For a nonresident estate, the state shall have the power to levy 956 |
---|
| 1386 | + | the estate tax upon all real property situated in this state and tangible 957 |
---|
| 1387 | + | personal property having an actual situs in this state. The state is 958 |
---|
| 1388 | + | permitted to calculate the estate tax and levy said tax to the fullest 959 |
---|
| 1389 | + | extent permitted by the Constitution of the United States. 960 |
---|
| 1390 | + | Sec. 13. Subsections (a) and (b) of section 12-392 of the general 961 |
---|
| 1391 | + | statutes are repealed and the following is substituted in lieu thereof 962 |
---|
| 1392 | + | (Effective from passage and applicable to estates of decedents dying on or after 963 |
---|
| 1393 | + | January 1, 2019): 964 |
---|
| 1394 | + | (a) (1) (A) For the estates of decedents dying prior to July 1, 2009, the 965 |
---|
| 1395 | + | tax imposed by this chapter shall become due at the date of the taxable 966 |
---|
| 1396 | + | transfer and shall become payable, and shall be paid, without 967 |
---|
| 1397 | + | assessment, notice or demand, to the Commissioner of Revenue 968 |
---|
| 1398 | + | Services at the expiration of nine months from the date of death. For 969 |
---|
| 1399 | + | the estates of decedents dying on or after July 1, 2009, but prior to 970 |
---|
| 1400 | + | January 1, 2019, the tax imposed by this chapter shall become due at 971 |
---|
| 1401 | + | the date of the taxable transfer and shall become payable and shall be 972 |
---|
| 1402 | + | paid, without assessment, notice or demand, to the commissioner at 973 |
---|
| 1403 | + | the expiration of six months from the date of death. For the estates of 974 |
---|
| 1404 | + | decedents dying on or after January 1, 2019, the tax imposed by this 975 |
---|
| 1405 | + | chapter shall become due at the date of the taxable transfer and shall 976 |
---|
| 1406 | + | become payable and shall be paid, without assessment, notice or 977 |
---|
| 1407 | + | demand, to the commissioner at the expiration of nine months from 978 |
---|
| 1408 | + | the date of death. 979 |
---|
| 1409 | + | (B) Executors, administrators, trustees, grantees, donees, 980 |
---|
| 1410 | + | beneficiaries and surviving joint owners shall be liable for the tax and 981 |
---|
| 1411 | + | for any interest or penalty thereon until it is paid, notwithstanding any 982 |
---|
| 1412 | + | provision of chapter 802b, except that no executor, administrator, 983 |
---|
| 1413 | + | trustee, grantee, donee, beneficiary or surviving joint owner shall be 984 |
---|
| 1414 | + | Governor's Bill No. 877 |
---|
| 1415 | + | |
---|
| 1416 | + | |
---|
| 1417 | + | |
---|
| 1418 | + | LCO No. 4566 38 of 138 |
---|
| 1419 | + | |
---|
| 1420 | + | liable for a greater sum than the value of the property actually received 985 |
---|
| 1421 | + | by him or her. If the amount of tax reported to be due on the return is 986 |
---|
| 1422 | + | not paid [, for the estates of decedents dying prior to July 1, 2009, 987 |
---|
| 1423 | + | within such nine months, or for the estates of decedents dying on or 988 |
---|
| 1424 | + | after July 1, 2009, within such six months] within the time period set 989 |
---|
| 1425 | + | forth in subparagraph (A) of this subdivision, there shall be imposed a 990 |
---|
| 1426 | + | penalty equal to ten per cent of such amount due and unpaid, or fifty 991 |
---|
| 1427 | + | dollars, whichever is greater. Such amount shall bear interest at the 992 |
---|
| 1428 | + | rate of one per cent per month or fraction thereof from the due date of 993 |
---|
| 1429 | + | such tax until the date of payment. Subject to the provisions of section 994 |
---|
| 1430 | + | 12-3a, the commissioner may waive all or part of the penalties 995 |
---|
| 1431 | + | provided under this chapter when it is proven to the commissioner's 996 |
---|
| 1432 | + | satisfaction that the failure to pay any tax was due to reasonable cause 997 |
---|
| 1433 | + | and was not intentional or due to neglect. 998 |
---|
| 1434 | + | (2) The Commissioner of Revenue Services may, for reasonable 999 |
---|
| 1435 | + | cause shown, extend the time for payment. The commissioner may 1000 |
---|
| 1436 | + | require the filing of a tentative return and the payment of the tax 1001 |
---|
| 1437 | + | reported to be due thereon in connection with such extension. Any 1002 |
---|
| 1438 | + | additional tax [which] that may be found to be due on the filing of a 1003 |
---|
| 1439 | + | return as allowed by such extension shall bear interest at the rate of 1004 |
---|
| 1440 | + | one per cent per month or fraction thereof from the original due date 1005 |
---|
| 1441 | + | of such tax to the date of actual payment. 1006 |
---|
| 1442 | + | (3) (A) Whenever there is a claimed overpayment of the tax imposed 1007 |
---|
| 1443 | + | by this chapter, the Commissioner of Revenue Services shall return to 1008 |
---|
| 1444 | + | the fiduciary or transferee the overpayment which shall bear interest at 1009 |
---|
| 1445 | + | the rate of two-thirds of one per cent per month or fraction thereof, 1010 |
---|
| 1446 | + | such interest commencing, for the estates of decedents dying prior to 1011 |
---|
| 1447 | + | July 1, 2009, or on or after January 1, 2019, from the expiration of nine 1012 |
---|
| 1448 | + | months after the death of the transferor or date of payment, whichever 1013 |
---|
| 1449 | + | is later, or, for the estates of decedents dying on or after July 1, 2009, 1014 |
---|
| 1450 | + | but prior to January 1, 2019, from the expiration of six months after the 1015 |
---|
| 1451 | + | death of the transferor or date of payment, whichever is later, as 1016 |
---|
| 1452 | + | provided in subparagraphs (B) and (C) of this subdivision. 1017 |
---|
| 1453 | + | Governor's Bill No. 877 |
---|
| 1454 | + | |
---|
| 1455 | + | |
---|
| 1456 | + | |
---|
| 1457 | + | LCO No. 4566 39 of 138 |
---|
| 1458 | + | |
---|
| 1459 | + | (B) In case of such overpayment pursuant to a tax return, no interest 1018 |
---|
| 1460 | + | shall be allowed or paid under this subdivision on such overpayment 1019 |
---|
| 1461 | + | for any month or fraction thereof prior to (i) the ninety-first day after 1020 |
---|
| 1462 | + | the last day prescribed for filing the tax return associated with such 1021 |
---|
| 1463 | + | overpayment, determined without regard to any extension of time for 1022 |
---|
| 1464 | + | filing, or (ii) the ninety-first day after the date such return was filed, 1023 |
---|
| 1465 | + | whichever is later. 1024 |
---|
| 1466 | + | (C) In case of such overpayment pursuant to an amended tax return, 1025 |
---|
| 1467 | + | no interest shall be allowed or paid under this subdivision on such 1026 |
---|
| 1468 | + | overpayment for any month or fraction thereof prior to the ninety-first 1027 |
---|
| 1469 | + | day after the date such amended tax return was filed. 1028 |
---|
| 1470 | + | (b) (1) The tax imposed by this chapter shall be reported on a tax 1029 |
---|
| 1471 | + | return which shall be filed on or before the date fixed for paying the 1030 |
---|
| 1472 | + | tax, determined without regard to any extension of time for paying the 1031 |
---|
| 1473 | + | tax. The commissioner shall design a form of return and forms for such 1032 |
---|
| 1474 | + | additional statements or schedules as the commissioner may require to 1033 |
---|
| 1475 | + | be filed. Such forms shall provide for the setting forth of such facts as 1034 |
---|
| 1476 | + | the commissioner deems necessary for the proper enforcement of this 1035 |
---|
| 1477 | + | chapter. The commissioner shall furnish appropriate forms to each 1036 |
---|
| 1478 | + | taxpayer upon application or otherwise as the commissioner deems 1037 |
---|
| 1479 | + | necessary. Failure to receive a form shall not relieve any person from 1038 |
---|
| 1480 | + | the obligation to file a return under the provisions of this chapter. In 1039 |
---|
| 1481 | + | any case in which the commissioner believes that it would be 1040 |
---|
| 1482 | + | advantageous to him or her in the administration of the tax imposed 1041 |
---|
| 1483 | + | by this chapter, the commissioner may require that a true copy of the 1042 |
---|
| 1484 | + | federal estate tax return made to the Internal Revenue Service be 1043 |
---|
| 1485 | + | provided. 1044 |
---|
| 1486 | + | (2) Any tax return or other document, including any amended tax 1045 |
---|
| 1487 | + | return under section 12-398, that is required to be filed under this 1046 |
---|
| 1488 | + | chapter shall be filed, and shall be treated as filed, only if filed with (A) 1047 |
---|
| 1489 | + | the Commissioner of Revenue Services, if required under subdivision 1048 |
---|
| 1490 | + | (3) of this subsection, and (B) (i) the court of probate for the district 1049 |
---|
| 1491 | + | Governor's Bill No. 877 |
---|
| 1492 | + | |
---|
| 1493 | + | |
---|
| 1494 | + | |
---|
| 1495 | + | LCO No. 4566 40 of 138 |
---|
| 1496 | + | |
---|
| 1497 | + | within which the decedent resided at the date of his or her death, or, 1050 |
---|
| 1498 | + | (ii) if the decedent died a nonresident of this state, in the court of 1051 |
---|
| 1499 | + | probate for the district within which real estate or tangible personal 1052 |
---|
| 1500 | + | property of the decedent is situated. The return shall contain a 1053 |
---|
| 1501 | + | statement, to be signed under penalty of false statement by the person 1054 |
---|
| 1502 | + | who is required to make and file the return under this chapter, that the 1055 |
---|
| 1503 | + | return has been filed with the Commissioner of Revenue Services, if 1056 |
---|
| 1504 | + | required under subdivision (3) of this subsection, and the appropriate 1057 |
---|
| 1505 | + | court of probate. 1058 |
---|
| 1506 | + | (3) (A) A tax return shall be filed, in the case of every decedent who 1059 |
---|
| 1507 | + | died prior to January 1, 2005, and at the time of death was (i) a resident 1060 |
---|
| 1508 | + | of this state, or (ii) a nonresident of this state whose gross estate 1061 |
---|
| 1509 | + | includes any real property situated in this state or tangible personal 1062 |
---|
| 1510 | + | property having an actual situs in this state, whenever the personal 1063 |
---|
| 1511 | + | representative of the estate is required by the laws of the United States 1064 |
---|
| 1512 | + | to file a federal estate tax return. 1065 |
---|
| 1513 | + | (B) A tax return shall be filed, in the case of every decedent who dies 1066 |
---|
| 1514 | + | on or after January 1, 2005, but prior to January 1, 2010, and at the time 1067 |
---|
| 1515 | + | of death was (i) a resident of this state, or (ii) a nonresident of this state 1068 |
---|
| 1516 | + | whose gross estate includes any real property situated in this state or 1069 |
---|
| 1517 | + | tangible personal property having an actual situs in this state. If the 1070 |
---|
| 1518 | + | decedent's Connecticut taxable estate is over two million dollars, such 1071 |
---|
| 1519 | + | tax return shall be filed with the Commissioner of Revenue Services 1072 |
---|
| 1520 | + | and a copy of such return shall be filed with the court of probate for 1073 |
---|
| 1521 | + | the district within which the decedent resided at the date of his or her 1074 |
---|
| 1522 | + | death or, if the decedent died a nonresident of this state, the court of 1075 |
---|
| 1523 | + | probate for the district within which such real property or tangible 1076 |
---|
| 1524 | + | personal property is situated. If the decedent's Connecticut taxable 1077 |
---|
| 1525 | + | estate is two million dollars or less, such return shall be filed with the 1078 |
---|
| 1526 | + | court of probate for the district within which the decedent resided at 1079 |
---|
| 1527 | + | the date of his or her death or, if the decedent died a nonresident of 1080 |
---|
| 1528 | + | this state, the court of probate for the district within which such real 1081 |
---|
| 1529 | + | property or tangible personal property is situated, and no such return 1082 |
---|
| 1530 | + | Governor's Bill No. 877 |
---|
| 1531 | + | |
---|
| 1532 | + | |
---|
| 1533 | + | |
---|
| 1534 | + | LCO No. 4566 41 of 138 |
---|
| 1535 | + | |
---|
| 1536 | + | shall be filed with the Commissioner of Revenue Services. The judge of 1083 |
---|
| 1537 | + | probate for the district in which such return is filed shall review each 1084 |
---|
| 1538 | + | such return and shall issue a written opinion to the estate 1085 |
---|
| 1539 | + | representative in each case in which the judge determines that the 1086 |
---|
| 1540 | + | estate is not subject to tax under this chapter. 1087 |
---|
| 1541 | + | (C) A tax return shall be filed, in the case of every decedent who 1088 |
---|
| 1542 | + | dies on or after January 1, 2010, but prior to January 1, 2011, and at the 1089 |
---|
| 1543 | + | time of death was (i) a resident of this state, or (ii) a nonresident of this 1090 |
---|
| 1544 | + | state whose gross estate includes any real property situated in this 1091 |
---|
| 1545 | + | state or tangible personal property having an actual situs in this state. 1092 |
---|
| 1546 | + | If the decedent's Connecticut taxable estate is over three million five 1093 |
---|
| 1547 | + | hundred thousand dollars, such tax return shall be filed with the 1094 |
---|
| 1548 | + | Commissioner of Revenue Services and a copy of such return shall be 1095 |
---|
| 1549 | + | filed with the court of probate for the district within which the 1096 |
---|
| 1550 | + | decedent resided at the date of his or her death or, if the decedent died 1097 |
---|
| 1551 | + | a nonresident of this state, the court of probate for the district within 1098 |
---|
| 1552 | + | which such real property or tangible personal property is situated. If 1099 |
---|
| 1553 | + | the decedent's Connecticut taxable estate is three million five hundred 1100 |
---|
| 1554 | + | thousand dollars or less, such return shall be filed with the court of 1101 |
---|
| 1555 | + | probate for the district within which the decedent resided at the date 1102 |
---|
| 1556 | + | of his or her death or, if the decedent died a nonresident of this state, 1103 |
---|
| 1557 | + | the court of probate for the district within which such real property or 1104 |
---|
| 1558 | + | tangible personal property is situated, and no such return shall be filed 1105 |
---|
| 1559 | + | with the Commissioner of Revenue Services. The judge of probate for 1106 |
---|
| 1560 | + | the district in which such return is filed shall review each such return 1107 |
---|
| 1561 | + | and shall issue a written opinion to the estate representative in each 1108 |
---|
| 1562 | + | case in which the judge determines that the estate is not subject to tax 1109 |
---|
| 1563 | + | under this chapter. 1110 |
---|
| 1564 | + | (D) A tax return shall be filed, in the case of every decedent who 1111 |
---|
| 1565 | + | dies on or after January 1, 2011, but prior to January 1, 2018, and at the 1112 |
---|
| 1566 | + | time of death was (i) a resident of this state, or (ii) a nonresident of this 1113 |
---|
| 1567 | + | state whose gross estate includes any real property situated in this 1114 |
---|
| 1568 | + | state or tangible personal property having an actual situs in this state. 1115 |
---|
| 1569 | + | Governor's Bill No. 877 |
---|
| 1570 | + | |
---|
| 1571 | + | |
---|
| 1572 | + | |
---|
| 1573 | + | LCO No. 4566 42 of 138 |
---|
| 1574 | + | |
---|
| 1575 | + | If the decedent's Connecticut taxable estate is over two million dollars, 1116 |
---|
| 1576 | + | such tax return shall be filed with the Commissioner of Revenue 1117 |
---|
| 1577 | + | Services and a copy of such return shall be filed with the court of 1118 |
---|
| 1578 | + | probate for the district within which the decedent resided at the date 1119 |
---|
| 1579 | + | of his or her death or, if the decedent died a nonresident of this state, 1120 |
---|
| 1580 | + | the court of probate for the district within which such real property or 1121 |
---|
| 1581 | + | tangible personal property is situated. If the decedent's Connecticut 1122 |
---|
| 1582 | + | taxable estate is two million dollars or less, such return shall be filed 1123 |
---|
| 1583 | + | with the court of probate for the district within which the decedent 1124 |
---|
| 1584 | + | resided at the date of his or her death or, if the decedent died a 1125 |
---|
| 1585 | + | nonresident of this state, the court of probate for the district within 1126 |
---|
| 1586 | + | which such real property or tangible personal property is situated, and 1127 |
---|
| 1587 | + | no such return shall be filed with the Commissioner of Revenue 1128 |
---|
| 1588 | + | Services. The judge of probate for the district in which such return is 1129 |
---|
| 1589 | + | filed shall review each such return and shall issue a written opinion to 1130 |
---|
| 1590 | + | the estate representative in each case in which the judge determines 1131 |
---|
| 1591 | + | that the estate is not subject to tax under this chapter. 1132 |
---|
| 1592 | + | (E) A tax return shall be filed, in the case of every decedent who dies 1133 |
---|
| 1593 | + | on or after January 1, 2018, but prior to January 1, 2019, and at the time 1134 |
---|
| 1594 | + | of death was (i) a resident of this state, or (ii) a nonresident of this state 1135 |
---|
| 1595 | + | whose gross estate includes any real property situated in this state or 1136 |
---|
| 1596 | + | tangible personal property having an actual situs in this state. If the 1137 |
---|
| 1597 | + | decedent's Connecticut taxable estate is over two million six hundred 1138 |
---|
| 1598 | + | thousand dollars, such tax return shall be filed with the Commissioner 1139 |
---|
| 1599 | + | of Revenue Services and a copy of such return shall be filed with the 1140 |
---|
| 1600 | + | court of probate for the district within which the decedent resided at 1141 |
---|
| 1601 | + | the date of his or her death or, if the decedent died a nonresident of 1142 |
---|
| 1602 | + | this state, the court of probate for the district within which such real 1143 |
---|
| 1603 | + | property or tangible personal property is situated. If the decedent's 1144 |
---|
| 1604 | + | Connecticut taxable estate is two million six hundred thousand dollars 1145 |
---|
| 1605 | + | or less, such return shall be filed with the court of probate for the 1146 |
---|
| 1606 | + | district within which the decedent resided at the date of his or her 1147 |
---|
| 1607 | + | death or, if the decedent died a nonresident of this state, the court of 1148 |
---|
| 1608 | + | Governor's Bill No. 877 |
---|
| 1609 | + | |
---|
| 1610 | + | |
---|
| 1611 | + | |
---|
| 1612 | + | LCO No. 4566 43 of 138 |
---|
| 1613 | + | |
---|
| 1614 | + | probate for the district within which such real property or tangible 1149 |
---|
| 1615 | + | personal property is situated, and no such return shall be filed with the 1150 |
---|
| 1616 | + | Commissioner of Revenue Services. The judge of probate for the 1151 |
---|
| 1617 | + | district in which such return is filed shall review each such return and 1152 |
---|
| 1618 | + | shall issue a written opinion to the estate representative in each case in 1153 |
---|
| 1619 | + | which the judge determines that the estate is not subject to tax under 1154 |
---|
| 1620 | + | this chapter. 1155 |
---|
| 1621 | + | (F) A tax return shall be filed, in the case of every decedent who dies 1156 |
---|
| 1622 | + | on or after January 1, 2019, but prior to January 1, 2020, and at the time 1157 |
---|
| 1623 | + | of death was (i) a resident of this state, or (ii) a nonresident of this state 1158 |
---|
| 1624 | + | whose gross estate includes any real property situated in this state or 1159 |
---|
| 1625 | + | tangible personal property having an actual situs in this state. If the 1160 |
---|
| 1626 | + | decedent's Connecticut taxable estate is over three million six hundred 1161 |
---|
| 1627 | + | thousand dollars, such tax return shall be filed with the Commissioner 1162 |
---|
| 1628 | + | of Revenue Services and a copy of such return shall be filed with the 1163 |
---|
| 1629 | + | court of probate for the district within which the decedent resided at 1164 |
---|
| 1630 | + | the date of his or her death or, if the decedent died a nonresident of 1165 |
---|
| 1631 | + | this state, the court of probate for the district within which such real 1166 |
---|
| 1632 | + | property or tangible personal property is situated. If the decedent's 1167 |
---|
| 1633 | + | Connecticut taxable estate is three million six hundred thousand 1168 |
---|
| 1634 | + | dollars or less, such return shall be filed with the court of probate for 1169 |
---|
| 1635 | + | the district within which the decedent resided at the date of his or her 1170 |
---|
| 1636 | + | death or, if the decedent died a nonresident of this state, the court of 1171 |
---|
| 1637 | + | probate for the district within which such real property or tangible 1172 |
---|
| 1638 | + | personal property is situated, and no such return shall be filed with the 1173 |
---|
| 1639 | + | Commissioner of Revenue Services. The judge of probate for the 1174 |
---|
| 1640 | + | district in which such return is filed shall review each such return and 1175 |
---|
| 1641 | + | shall issue a written opinion to the estate representative in each case in 1176 |
---|
| 1642 | + | which the judge determines that the estate is not subject to tax under 1177 |
---|
| 1643 | + | this chapter. 1178 |
---|
| 1644 | + | (G) A tax return shall be filed, in the case of every decedent who 1179 |
---|
| 1645 | + | dies on or after January 1, 2020, but prior to January 1, 2021, and at the 1180 |
---|
| 1646 | + | time of death was (i) a resident of this state, or (ii) a nonresident of this 1181 |
---|
| 1647 | + | Governor's Bill No. 877 |
---|
| 1648 | + | |
---|
| 1649 | + | |
---|
| 1650 | + | |
---|
| 1651 | + | LCO No. 4566 44 of 138 |
---|
| 1652 | + | |
---|
| 1653 | + | state whose gross estate includes any real property situated in this 1182 |
---|
| 1654 | + | state or tangible personal property having an actual situs in this state. 1183 |
---|
| 1655 | + | If the decedent's Connecticut taxable estate is over five million one 1184 |
---|
| 1656 | + | hundred thousand dollars, such tax return shall be filed with the 1185 |
---|
| 1657 | + | Commissioner of Revenue Services and a copy of such return shall be 1186 |
---|
| 1658 | + | filed with the court of probate for the district within which the 1187 |
---|
| 1659 | + | decedent resided at the date of his or her death or, if the decedent died 1188 |
---|
| 1660 | + | a nonresident of this state, the court of probate for the district within 1189 |
---|
| 1661 | + | which such real property or tangible personal property is situated. If 1190 |
---|
| 1662 | + | the decedent's Connecticut taxable estate is five million one hundred 1191 |
---|
| 1663 | + | thousand dollars or less, such return shall be filed with the court of 1192 |
---|
| 1664 | + | probate for the district within which the decedent resided at the date 1193 |
---|
| 1665 | + | of his or her death or, if the decedent died a nonresident of this state, 1194 |
---|
| 1666 | + | the court of probate for the district within which such real property or 1195 |
---|
| 1667 | + | tangible personal property is situated, and no such return shall be filed 1196 |
---|
| 1668 | + | with the Commissioner of Revenue Services. The judge of probate for 1197 |
---|
| 1669 | + | the district in which such return is filed shall review each such return 1198 |
---|
| 1670 | + | and shall issue a written opinion to the estate representative in each 1199 |
---|
| 1671 | + | case in which the judge determines that the estate is not subject to tax 1200 |
---|
| 1672 | + | under this chapter. 1201 |
---|
| 1673 | + | (H) A tax return shall be filed, in the case of every decedent who 1202 |
---|
| 1674 | + | dies on or after January 1, 2021, but prior to January 1, 2022, and at the 1203 |
---|
| 1675 | + | time of death was (i) a resident of this state, or (ii) a nonresident of this 1204 |
---|
| 1676 | + | state whose gross estate includes any real property situated in this 1205 |
---|
| 1677 | + | state or tangible personal property having an actual situs in this state. 1206 |
---|
| 1678 | + | If the decedent's Connecticut taxable estate is over seven million one 1207 |
---|
| 1679 | + | hundred thousand dollars, such tax return shall be filed with the 1208 |
---|
| 1680 | + | Commissioner of Revenue Services and a copy of such return shall be 1209 |
---|
| 1681 | + | filed with the court of probate for the district within which the 1210 |
---|
| 1682 | + | decedent resided at the date of his or her death or, if the decedent died 1211 |
---|
| 1683 | + | a nonresident of this state, the court of probate for the district within 1212 |
---|
| 1684 | + | which such real property or tangible personal property is situated. If 1213 |
---|
| 1685 | + | the decedent's Connecticut taxable estate is seven million one hundred 1214 |
---|
| 1686 | + | Governor's Bill No. 877 |
---|
| 1687 | + | |
---|
| 1688 | + | |
---|
| 1689 | + | |
---|
| 1690 | + | LCO No. 4566 45 of 138 |
---|
| 1691 | + | |
---|
| 1692 | + | thousand dollars or less, such return shall be filed with the court of 1215 |
---|
| 1693 | + | probate for the district within which the decedent resided at the date 1216 |
---|
| 1694 | + | of his or her death or, if the decedent died a nonresident of this state, 1217 |
---|
| 1695 | + | the court of probate for the district within which such real property or 1218 |
---|
| 1696 | + | tangible personal property is situated, and no such return shall be filed 1219 |
---|
| 1697 | + | with the Commissioner of Revenue Services. The judge of probate for 1220 |
---|
| 1698 | + | the district in which such return is filed shall review each such return 1221 |
---|
| 1699 | + | and shall issue a written opinion to the estate representative in each 1222 |
---|
| 1700 | + | case in which the judge determines that the estate is not subject to tax 1223 |
---|
| 1701 | + | under this chapter. 1224 |
---|
| 1702 | + | (I) A tax return shall be filed, in the case of every decedent who dies 1225 |
---|
| 1703 | + | on or after January 1, 2022, but prior to January 1, 2023, and at the time 1226 |
---|
| 1704 | + | of death was (i) a resident of this state, or (ii) a nonresident of this state 1227 |
---|
| 1705 | + | whose gross estate includes any real property situated in this state or 1228 |
---|
| 1706 | + | tangible personal property having an actual situs in this state. If the 1229 |
---|
| 1707 | + | decedent's Connecticut taxable estate is over nine million one hundred 1230 |
---|
| 1708 | + | thousand dollars, such tax return shall be filed with the Commissioner 1231 |
---|
| 1709 | + | of Revenue Services and a copy of such return shall be filed with the 1232 |
---|
| 1710 | + | court of probate for the district within which the decedent resided at 1233 |
---|
| 1711 | + | the date of his or her death or, if the decedent died a nonresident of 1234 |
---|
| 1712 | + | this state, the court of probate for the district within which such real 1235 |
---|
| 1713 | + | property or tangible personal property is situated. If the decedent's 1236 |
---|
| 1714 | + | Connecticut taxable estate is nine million one hundred thousand 1237 |
---|
| 1715 | + | dollars or less, such return shall be filed with the court of probate for 1238 |
---|
| 1716 | + | the district within which the decedent resided at the date of his or her 1239 |
---|
| 1717 | + | death or, if the decedent died a nonresident of this state, the court of 1240 |
---|
| 1718 | + | probate for the district within which such real property or tangible 1241 |
---|
| 1719 | + | personal property is situated, and no such return shall be filed with the 1242 |
---|
| 1720 | + | Commissioner of Revenue Services. The judge of probate for the 1243 |
---|
| 1721 | + | district in which such return is filed shall review each such return and 1244 |
---|
| 1722 | + | shall issue a written opinion to the estate representative in each case in 1245 |
---|
| 1723 | + | which the judge determines that the estate is not subject to tax under 1246 |
---|
| 1724 | + | this chapter. 1247 |
---|
| 1725 | + | Governor's Bill No. 877 |
---|
| 1726 | + | |
---|
| 1727 | + | |
---|
| 1728 | + | |
---|
| 1729 | + | LCO No. 4566 46 of 138 |
---|
| 1730 | + | |
---|
| 1731 | + | (J) A tax return shall be filed, in the case of every decedent who dies 1248 |
---|
| 1732 | + | on or after January 1, 2023, and at the time of death was (i) a resident 1249 |
---|
| 1733 | + | of this state, or (ii) a nonresident of this state whose gross estate 1250 |
---|
| 1734 | + | includes any real property situated in this state or tangible personal 1251 |
---|
| 1735 | + | property having an actual situs in this state. If the decedent's 1252 |
---|
| 1736 | + | Connecticut taxable estate is over [five million four hundred ninety 1253 |
---|
| 1737 | + | thousand dollars] the federal basic exclusion amount, such tax return 1254 |
---|
| 1738 | + | shall be filed with the Commissioner of Revenue Services and a copy 1255 |
---|
| 1739 | + | of such return shall be filed with the court of probate for the district 1256 |
---|
| 1740 | + | within which the decedent resided at the date of his or her death or, if 1257 |
---|
| 1741 | + | the decedent died a nonresident of this state, the court of probate for 1258 |
---|
| 1742 | + | the district within which such real property or tangible personal 1259 |
---|
| 1743 | + | property is situated. If the decedent's Connecticut taxable estate is 1260 |
---|
| 1744 | + | equal to or less than [five million four hundred ninety thousand 1261 |
---|
| 1745 | + | dollars] the federal basic exclusion amount, such return shall be filed 1262 |
---|
| 1746 | + | with the court of probate for the district within which the decedent 1263 |
---|
| 1747 | + | resided at the date of his or her death or, if the decedent died a 1264 |
---|
| 1748 | + | nonresident of this state, the court of probate for the district within 1265 |
---|
| 1749 | + | which such real property or tangible personal property is situated, and 1266 |
---|
| 1750 | + | no such return shall be filed with the Commissioner of Revenue 1267 |
---|
| 1751 | + | Services. The judge of probate for the district in which such return is 1268 |
---|
| 1752 | + | filed shall review each such return and shall issue a written opinion to 1269 |
---|
| 1753 | + | the estate representative in each case in which the judge determines 1270 |
---|
| 1754 | + | that the estate is not subject to tax under this chapter. 1271 |
---|
| 1755 | + | (4) The duly authorized executor or administrator shall file the 1272 |
---|
| 1756 | + | return. If there is more than one executor or administrator, the return 1273 |
---|
| 1757 | + | shall be made jointly by all. If there is no executor or administrator 1274 |
---|
| 1758 | + | appointed, qualified and acting, each person in actual or constructive 1275 |
---|
| 1759 | + | possession of any property of the decedent is constituted an executor 1276 |
---|
| 1760 | + | for purposes of the tax and shall make and file a return. If in any case 1277 |
---|
| 1761 | + | the executor is unable to make a complete return as to any part of the 1278 |
---|
| 1762 | + | gross estate, the executor shall provide all the information available to 1279 |
---|
| 1763 | + | him or her with respect to such property, including a full description, 1280 |
---|
| 1764 | + | Governor's Bill No. 877 |
---|
| 1765 | + | |
---|
| 1766 | + | |
---|
| 1767 | + | |
---|
| 1768 | + | LCO No. 4566 47 of 138 |
---|
| 1769 | + | |
---|
| 1770 | + | and the name of every person holding a legal or beneficial interest in 1281 |
---|
| 1771 | + | the property. If the executor is unable to make a return as to any 1282 |
---|
| 1772 | + | property, each person holding a legal or equitable interest in such 1283 |
---|
| 1773 | + | property shall, upon notice from the commissioner, make a return as to 1284 |
---|
| 1774 | + | that part of the gross estate. 1285 |
---|
| 1775 | + | (5) On or before the last day of the month next succeeding each 1286 |
---|
| 1776 | + | calendar quarter, and commencing with the calendar quarter ending 1287 |
---|
| 1777 | + | September 30, 2005, each court of probate shall file with the 1288 |
---|
| 1778 | + | commissioner a report for the calendar quarter in such form as the 1289 |
---|
| 1779 | + | commissioner may prescribe. The report shall pertain to returns filed 1290 |
---|
| 1780 | + | with the court of probate during the calendar quarter. 1291 |
---|
| 1781 | + | (6) The Commissioner of Revenue Services may, for reasonable 1292 |
---|
| 1782 | + | cause shown, extend the time for filing the return. 1293 |
---|
| 1783 | + | (7) If any person required to make and file the tax return under this 1294 |
---|
| 1784 | + | chapter fails to file the return within the time prescribed, the 1295 |
---|
| 1785 | + | commissioner may assess and compute the tax upon the best 1296 |
---|
| 1786 | + | information obtainable. To the tax imposed upon the basis of such 1297 |
---|
| 1787 | + | return, there shall be added an amount equal to ten per cent of such 1298 |
---|
| 1788 | + | tax or fifty dollars, whichever is greater. The tax shall bear interest at 1299 |
---|
| 1789 | + | the rate of one per cent per month or fraction thereof from the due date 1300 |
---|
| 1790 | + | of such tax until the date of payment. 1301 |
---|
| 1791 | + | (8) The commissioner shall provide notice of any (A) deficiency 1302 |
---|
| 1792 | + | assessment with respect to the payment of any tax under this chapter, 1303 |
---|
| 1793 | + | (B) assessment with respect to any failure to make and file a return 1304 |
---|
| 1794 | + | under this chapter by a person required to file, and (C) tax return or 1305 |
---|
| 1795 | + | other document, including any amended tax return under section 12-1306 |
---|
| 1796 | + | 398 that is required to be filed under this chapter to the court of 1307 |
---|
| 1797 | + | probate for the district within which the commissioner contends that 1308 |
---|
| 1798 | + | the decedent resided at the date of his or her death or, if the decedent 1309 |
---|
| 1799 | + | died a nonresident of this state, to the court of probate for the district 1310 |
---|
| 1800 | + | within which the commissioner contends that real estate or tangible 1311 |
---|
| 1801 | + | Governor's Bill No. 877 |
---|
| 1802 | + | |
---|
| 1803 | + | |
---|
| 1804 | + | |
---|
| 1805 | + | LCO No. 4566 48 of 138 |
---|
| 1806 | + | |
---|
| 1807 | + | personal property of the decedent is situated. 1312 |
---|
| 1808 | + | Sec. 14. Subdivision (1) of section 12-408 of the general statutes is 1313 |
---|
| 1809 | + | repealed and the following is substituted in lieu thereof (Effective July 1314 |
---|
| 1810 | + | 1, 2019, and applicable to sales occurring on or after July 1, 2019): 1315 |
---|
| 1811 | + | (1) (A) For the privilege of making any sales, as defined in 1316 |
---|
| 1812 | + | subdivision (2) of subsection (a) of section 12-407, as amended by this 1317 |
---|
| 1813 | + | act, at retail, in this state for a consideration, a tax is hereby imposed 1318 |
---|
| 1814 | + | on all retailers at the rate of six and thirty-five-hundredths per cent of 1319 |
---|
| 1815 | + | the gross receipts of any retailer from the sale of all tangible personal 1320 |
---|
| 1816 | + | property sold at retail or from the rendering of any services 1321 |
---|
| 1817 | + | constituting a sale in accordance with subdivision (2) of subsection (a) 1322 |
---|
| 1818 | + | of section 12-407, as amended by this act, except, in lieu of said rate of 1323 |
---|
| 1819 | + | six and thirty-five-hundredths per cent, the rates provided in 1324 |
---|
| 1820 | + | subparagraphs (B) to (H), inclusive, of this subdivision; 1325 |
---|
| 1821 | + | (B) (i) At a rate of [fifteen] seventeen per cent with respect to each 1326 |
---|
| 1822 | + | transfer of occupancy, from the total amount of rent received by a hotel 1327 |
---|
| 1823 | + | or lodging house for the first period not exceeding thirty consecutive 1328 |
---|
| 1824 | + | calendar days; 1329 |
---|
| 1825 | + | (ii) At a rate of [eleven] thirteen per cent with respect to each 1330 |
---|
| 1826 | + | transfer of occupancy, from the total amount of rent received by a bed 1331 |
---|
| 1827 | + | and breakfast establishment for the first period not exceeding thirty 1332 |
---|
| 1828 | + | consecutive calendar days; 1333 |
---|
| 1829 | + | (C) With respect to the sale of a motor vehicle to any individual who 1334 |
---|
| 1830 | + | is a member of the armed forces of the United States and is on full-time 1335 |
---|
| 1831 | + | active duty in Connecticut and who is considered, under 50 App USC 1336 |
---|
| 1832 | + | 574, a resident of another state, or to any such individual and the 1337 |
---|
| 1833 | + | spouse thereof, at a rate of four and one-half per cent of the gross 1338 |
---|
| 1834 | + | receipts of any retailer from such sales, provided such retailer requires 1339 |
---|
| 1835 | + | and maintains a declaration by such individual, prescribed as to form 1340 |
---|
| 1836 | + | by the commissioner and bearing notice to the effect that false 1341 |
---|
| 1837 | + | statements made in such declaration are punishable, or other evidence, 1342 |
---|
| 1838 | + | Governor's Bill No. 877 |
---|
| 1839 | + | |
---|
| 1840 | + | |
---|
| 1841 | + | |
---|
| 1842 | + | LCO No. 4566 49 of 138 |
---|
| 1843 | + | |
---|
| 1844 | + | satisfactory to the commissioner, concerning the purchaser's state of 1343 |
---|
| 1845 | + | residence under 50 App USC 574; 1344 |
---|
| 1846 | + | (D) (i) With respect to the sales of computer and data processing 1345 |
---|
| 1847 | + | services occurring on or after July 1, 2001, at the rate of one per cent, 1346 |
---|
| 1848 | + | and (ii) with respect to sales of Internet access services, on and after 1347 |
---|
| 1849 | + | July 1, 2001, such services shall be exempt from such tax; 1348 |
---|
| 1850 | + | (E) [(i)] With respect to the sales of labor that is otherwise taxable 1349 |
---|
| 1851 | + | under subparagraph (C) or (G) of subdivision (2) of subsection (a) of 1350 |
---|
| 1852 | + | section 12-407 on existing vessels and repair or maintenance services 1351 |
---|
| 1853 | + | on vessels occurring on and after July 1, 1999, such services shall be 1352 |
---|
| 1854 | + | exempt from such tax; 1353 |
---|
| 1855 | + | [(ii) With respect to the sale of a vessel, a motor for a vessel or a 1354 |
---|
| 1856 | + | trailer used for transporting a vessel, at the rate of two and ninety-1355 |
---|
| 1857 | + | nine-hundredths per cent, except that the sale of a vessel shall be 1356 |
---|
| 1858 | + | exempt from such tax if such vessel is docked in this state for sixty or 1357 |
---|
| 1859 | + | fewer days in a calendar year;] 1358 |
---|
| 1860 | + | (F) With respect to patient care services for which payment is 1359 |
---|
| 1861 | + | received by the hospital on or after July 1, 1999, and prior to July 1, 1360 |
---|
| 1862 | + | 2001, at the rate of five and three-fourths per cent and on and after July 1361 |
---|
| 1863 | + | 1, 2001, such services shall be exempt from such tax; 1362 |
---|
| 1864 | + | (G) With respect to the rental or leasing of a passenger motor 1363 |
---|
| 1865 | + | vehicle for a period of thirty consecutive calendar days or less, at a rate 1364 |
---|
| 1866 | + | of nine and thirty-five-hundredths per cent; 1365 |
---|
| 1867 | + | (H) With respect to the sale of (i) a motor vehicle for a sales price 1366 |
---|
| 1868 | + | exceeding fifty thousand dollars, at a rate of seven and three-fourths 1367 |
---|
| 1869 | + | per cent on the entire sales price, (ii) jewelry, whether real or imitation, 1368 |
---|
| 1870 | + | for a sales price exceeding five thousand dollars, at a rate of seven and 1369 |
---|
| 1871 | + | three-fourths per cent on the entire sales price, and (iii) an article of 1370 |
---|
| 1872 | + | clothing or footwear intended to be worn on or about the human body, 1371 |
---|
| 1873 | + | a handbag, luggage, umbrella, wallet or watch for a sales price 1372 |
---|
| 1874 | + | Governor's Bill No. 877 |
---|
| 1875 | + | |
---|
| 1876 | + | |
---|
| 1877 | + | |
---|
| 1878 | + | LCO No. 4566 50 of 138 |
---|
| 1879 | + | |
---|
| 1880 | + | exceeding one thousand dollars, at a rate of seven and three-fourths 1373 |
---|
| 1881 | + | per cent on the entire sales price. For purposes of this subparagraph, 1374 |
---|
| 1882 | + | "motor vehicle" has the meaning provided in section 14-1, but does not 1375 |
---|
| 1883 | + | include a motor vehicle subject to the provisions of subparagraph (C) 1376 |
---|
| 1884 | + | of this subdivision, a motor vehicle having a gross vehicle weight 1377 |
---|
| 1885 | + | rating over twelve thousand five hundred pounds, or a motor vehicle 1378 |
---|
| 1886 | + | having a gross vehicle weight rating of twelve thousand five hundred 1379 |
---|
| 1887 | + | pounds or less that is not used for private passenger purposes, but is 1380 |
---|
| 1888 | + | designed or used to transport merchandise, freight or persons in 1381 |
---|
| 1889 | + | connection with any business enterprise and issued a commercial 1382 |
---|
| 1890 | + | registration or more specific type of registration by the Department of 1383 |
---|
| 1891 | + | Motor Vehicles; 1384 |
---|
| 1892 | + | (I) The rate of tax imposed by this chapter shall be applicable to all 1385 |
---|
| 1893 | + | retail sales upon the effective date of such rate, except that a new rate 1386 |
---|
| 1894 | + | which represents an increase in the rate applicable to the sale shall not 1387 |
---|
| 1895 | + | apply to any sales transaction wherein a binding sales contract without 1388 |
---|
| 1896 | + | an escalator clause has been entered into prior to the effective date of 1389 |
---|
| 1897 | + | the new rate and delivery is made within ninety days after the effective 1390 |
---|
| 1898 | + | date of the new rate. For the purposes of payment of the tax imposed 1391 |
---|
| 1899 | + | under this section, any retailer of services taxable under subdivision 1392 |
---|
| 1900 | + | (37) of subsection (a) of section 12-407, as amended by this act, who 1393 |
---|
| 1901 | + | computes taxable income, for purposes of taxation under the Internal 1394 |
---|
| 1902 | + | Revenue Code of 1986, or any subsequent corresponding internal 1395 |
---|
| 1903 | + | revenue code of the United States, as amended from time to time, 1396 |
---|
| 1904 | + | [amended,] on an accounting basis which recognizes only cash or other 1397 |
---|
| 1905 | + | valuable consideration actually received as income and who is liable 1398 |
---|
| 1906 | + | for such tax only due to the rendering of such services may make 1399 |
---|
| 1907 | + | payments related to such tax for the period during which such income 1400 |
---|
| 1908 | + | is received, without penalty or interest, without regard to when such 1401 |
---|
| 1909 | + | service is rendered; 1402 |
---|
| 1910 | + | (J) (i) For calendar quarters ending on or after September 30, 2019, 1403 |
---|
| 1911 | + | the commissioner shall deposit into the regional planning incentive 1404 |
---|
| 1912 | + | account, established pursuant to section 4-66k, six and seven-tenths 1405 |
---|
| 1913 | + | Governor's Bill No. 877 |
---|
| 1914 | + | |
---|
| 1915 | + | |
---|
| 1916 | + | |
---|
| 1917 | + | LCO No. 4566 51 of 138 |
---|
| 1918 | + | |
---|
| 1919 | + | per cent of the amounts received by the state from the tax imposed 1406 |
---|
| 1920 | + | under subparagraph (B) of this subdivision and ten and seven-tenths 1407 |
---|
| 1921 | + | per cent of the amounts received by the state from the tax imposed 1408 |
---|
| 1922 | + | under subparagraph (G) of this subdivision; 1409 |
---|
| 1923 | + | (ii) For calendar quarters ending on or after September 30, 2018, the 1410 |
---|
| 1924 | + | commissioner shall deposit into the Tourism Fund established under 1411 |
---|
| 1925 | + | section 10-395b ten per cent of the amounts received by the state from 1412 |
---|
| 1926 | + | the tax imposed under subparagraph (B) of this subdivision; and 1413 |
---|
| 1927 | + | [(K) For calendar months commencing on or after July 1, 2021, the 1414 |
---|
| 1928 | + | commissioner shall deposit into the municipal revenue sharing 1415 |
---|
| 1929 | + | account established pursuant to section 4-66l seven and nine-tenths per 1416 |
---|
| 1930 | + | cent of the amounts received by the state from the tax imposed under 1417 |
---|
| 1931 | + | subparagraph (A) of this subdivision; and] 1418 |
---|
| 1932 | + | [(L)] (K) (i) For calendar months commencing on or after July 1, 1419 |
---|
| 1933 | + | 2017, the commissioner shall deposit into the Special Transportation 1420 |
---|
| 1934 | + | Fund established under section 13b-68 seven and nine-tenths per cent 1421 |
---|
| 1935 | + | of the amounts received by the state from the tax imposed under 1422 |
---|
| 1936 | + | subparagraph (A) of this subdivision; 1423 |
---|
| 1937 | + | (ii) For calendar months commencing on or after July 1, 2018, [but 1424 |
---|
| 1938 | + | prior to July 1, 2019,] the commissioner shall deposit into the Special 1425 |
---|
| 1939 | + | Transportation Fund established under section 13b-68 eight per cent of 1426 |
---|
| 1940 | + | the amounts received by the state from the tax imposed under 1427 |
---|
| 1941 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 1428 |
---|
| 1942 | + | vehicle. [;] 1429 |
---|
| 1943 | + | [(iii) For calendar months commencing on or after July 1, 2019, but 1430 |
---|
| 1944 | + | prior to July 1, 2020, the commissioner shall deposit into the Special 1431 |
---|
| 1945 | + | Transportation Fund established under section 13b-68 thirty-three per 1432 |
---|
| 1946 | + | cent of the amounts received by the state from the tax imposed under 1433 |
---|
| 1947 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 1434 |
---|
| 1948 | + | vehicle; 1435 |
---|
| 1949 | + | Governor's Bill No. 877 |
---|
| 1950 | + | |
---|
| 1951 | + | |
---|
| 1952 | + | |
---|
| 1953 | + | LCO No. 4566 52 of 138 |
---|
| 1954 | + | |
---|
| 1955 | + | (iv) For calendar months commencing on or after July 1, 2020, but 1436 |
---|
| 1956 | + | prior to July 1, 2021, the commissioner shall deposit into the Special 1437 |
---|
| 1957 | + | Transportation Fund established under section 13b-68 fifty-six per cent 1438 |
---|
| 1958 | + | of the amounts received by the state from the tax imposed under 1439 |
---|
| 1959 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 1440 |
---|
| 1960 | + | vehicle; 1441 |
---|
| 1961 | + | (v) For calendar months commencing on or after July 1, 2021, but 1442 |
---|
| 1962 | + | prior to July 1, 2022, the commissioner shall deposit into the Special 1443 |
---|
| 1963 | + | Transportation Fund established under section 13b-68 seventy-five per 1444 |
---|
| 1964 | + | cent of the amounts received by the state from the tax imposed under 1445 |
---|
| 1965 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 1446 |
---|
| 1966 | + | vehicle; and 1447 |
---|
| 1967 | + | (vi) For calendar months commencing on or after July 1, 2022, the 1448 |
---|
| 1968 | + | commissioner shall deposit into the Special Transportation Fund 1449 |
---|
| 1969 | + | established under section 13b-68 one hundred per cent of the amounts 1450 |
---|
| 1970 | + | received by the state from the tax imposed under subparagraphs (A) 1451 |
---|
| 1971 | + | and (H) of this subdivision on the sale of a motor vehicle.] 1452 |
---|
| 1972 | + | Sec. 15. Subdivision (1) of section 12-408 of the general statutes, as 1453 |
---|
| 1973 | + | amended by section 14 of this act, is repealed and the following is 1454 |
---|
| 1974 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 1455 |
---|
| 1975 | + | sales occurring on or after January 1, 2020): 1456 |
---|
| 1976 | + | (1) (A) For the privilege of making any sales, as defined in 1457 |
---|
| 1977 | + | subdivision (2) of subsection (a) of section 12-407, as amended by this 1458 |
---|
| 1978 | + | act, at retail, in this state for a consideration, a tax is hereby imposed 1459 |
---|
| 1979 | + | on all retailers at the rate of six and thirty-five-hundredths per cent of 1460 |
---|
| 1980 | + | the gross receipts of any retailer from the sale of all tangible personal 1461 |
---|
| 1981 | + | property sold at retail or from the rendering of any services 1462 |
---|
| 1982 | + | constituting a sale in accordance with subdivision (2) of subsection (a) 1463 |
---|
| 1983 | + | of section 12-407, as amended by this act, except, in lieu of said rate of 1464 |
---|
| 1984 | + | six and thirty-five-hundredths per cent, the rates provided in 1465 |
---|
| 1985 | + | subparagraphs (B) to (H), inclusive, of this subdivision; 1466 |
---|
| 1986 | + | Governor's Bill No. 877 |
---|
| 1987 | + | |
---|
| 1988 | + | |
---|
| 1989 | + | |
---|
| 1990 | + | LCO No. 4566 53 of 138 |
---|
| 1991 | + | |
---|
| 1992 | + | (B) (i) At a rate of seventeen per cent with respect to each transfer of 1467 |
---|
| 1993 | + | occupancy, from the total amount of rent received by a hotel or 1468 |
---|
| 1994 | + | lodging house for the first period not exceeding thirty consecutive 1469 |
---|
| 1995 | + | calendar days; 1470 |
---|
| 1996 | + | (ii) At a rate of thirteen per cent with respect to each transfer of 1471 |
---|
| 1997 | + | occupancy, from the total amount of rent received by a bed and 1472 |
---|
| 1998 | + | breakfast establishment for the first period not exceeding thirty 1473 |
---|
| 1999 | + | consecutive calendar days; 1474 |
---|
| 2000 | + | (iii) At a rate of six and thirty-five-hundredths per cent with respect 1475 |
---|
| 2001 | + | to each transfer of occupancy, from the total amount of rent received 1476 |
---|
| 2002 | + | by a campground for the first period not exceeding thirty consecutive 1477 |
---|
| 2003 | + | days; 1478 |
---|
| 2004 | + | (C) With respect to the sale of a motor vehicle to any individual who 1479 |
---|
| 2005 | + | is a member of the armed forces of the United States and is on full-time 1480 |
---|
| 2006 | + | active duty in Connecticut and who is considered, under 50 App USC 1481 |
---|
| 2007 | + | 574, a resident of another state, or to any such individual and the 1482 |
---|
| 2008 | + | spouse thereof, at a rate of four and one-half per cent of the gross 1483 |
---|
| 2009 | + | receipts of any retailer from such sales, provided such retailer requires 1484 |
---|
| 2010 | + | and maintains a declaration by such individual, prescribed as to form 1485 |
---|
| 2011 | + | by the commissioner and bearing notice to the effect that false 1486 |
---|
| 2012 | + | statements made in such declaration are punishable, or other evidence, 1487 |
---|
| 2013 | + | satisfactory to the commissioner, concerning the purchaser's state of 1488 |
---|
| 2014 | + | residence under 50 App USC 574; 1489 |
---|
| 2015 | + | (D) (i) With respect to the sales of computer and data processing 1490 |
---|
| 2016 | + | services occurring on or after July 1, 2001, at the rate of one per cent, 1491 |
---|
| 2017 | + | and (ii) with respect to sales of Internet access services, on and after 1492 |
---|
| 2018 | + | July 1, 2001, such services shall be exempt from such tax; 1493 |
---|
| 2019 | + | (E) With respect to the sales of labor that is otherwise taxable under 1494 |
---|
| 2020 | + | subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 1495 |
---|
| 2021 | + | 12-407 on existing vessels and repair or maintenance services on 1496 |
---|
| 2022 | + | vessels occurring on and after July 1, 1999, but prior to January 1, 2020, 1497 |
---|
| 2023 | + | Governor's Bill No. 877 |
---|
| 2024 | + | |
---|
| 2025 | + | |
---|
| 2026 | + | |
---|
| 2027 | + | LCO No. 4566 54 of 138 |
---|
| 2028 | + | |
---|
| 2029 | + | such services shall be exempt from such tax; 1498 |
---|
| 2030 | + | (F) With respect to patient care services for which payment is 1499 |
---|
| 2031 | + | received by the hospital on or after July 1, 1999, and prior to July 1, 1500 |
---|
| 2032 | + | 2001, at the rate of five and three-fourths per cent and on and after July 1501 |
---|
| 2033 | + | 1, 2001, such services shall be exempt from such tax; 1502 |
---|
| 2034 | + | (G) With respect to the rental or leasing of a passenger motor 1503 |
---|
| 2035 | + | vehicle for a period of thirty consecutive calendar days or less, at a rate 1504 |
---|
| 2036 | + | of nine and thirty-five-hundredths per cent; 1505 |
---|
| 2037 | + | (H) With respect to the sale of (i) a motor vehicle for a sales price 1506 |
---|
| 2038 | + | exceeding fifty thousand dollars, at a rate of seven and three-fourths 1507 |
---|
| 2039 | + | per cent on the entire sales price, (ii) jewelry, whether real or imitation, 1508 |
---|
| 2040 | + | for a sales price exceeding five thousand dollars, at a rate of seven and 1509 |
---|
| 2041 | + | three-fourths per cent on the entire sales price, and (iii) an article of 1510 |
---|
| 2042 | + | clothing or footwear intended to be worn on or about the human body, 1511 |
---|
| 2043 | + | a handbag, luggage, umbrella, wallet or watch for a sales price 1512 |
---|
| 2044 | + | exceeding one thousand dollars, at a rate of seven and three-fourths 1513 |
---|
| 2045 | + | per cent on the entire sales price. For purposes of this subparagraph, 1514 |
---|
| 2046 | + | "motor vehicle" has the meaning provided in section 14-1, but does not 1515 |
---|
| 2047 | + | include a motor vehicle subject to the provisions of subparagraph (C) 1516 |
---|
| 2048 | + | of this subdivision, a motor vehicle having a gross vehicle weight 1517 |
---|
| 2049 | + | rating over twelve thousand five hundred pounds, or a motor vehicle 1518 |
---|
| 2050 | + | having a gross vehicle weight rating of twelve thousand five hundred 1519 |
---|
| 2051 | + | pounds or less that is not used for private passenger purposes, but is 1520 |
---|
| 2052 | + | designed or used to transport merchandise, freight or persons in 1521 |
---|
| 2053 | + | connection with any business enterprise and issued a commercial 1522 |
---|
| 2054 | + | registration or more specific type of registration by the Department of 1523 |
---|
| 2055 | + | Motor Vehicles; 1524 |
---|
| 2056 | + | (I) The rate of tax imposed by this chapter shall be applicable to all 1525 |
---|
| 2057 | + | retail sales upon the effective date of such rate, except that a new rate 1526 |
---|
| 2058 | + | which represents an increase in the rate applicable to the sale shall not 1527 |
---|
| 2059 | + | apply to any sales transaction wherein a binding sales contract without 1528 |
---|
| 2060 | + | Governor's Bill No. 877 |
---|
| 2061 | + | |
---|
| 2062 | + | |
---|
| 2063 | + | |
---|
| 2064 | + | LCO No. 4566 55 of 138 |
---|
| 2065 | + | |
---|
| 2066 | + | an escalator clause has been entered into prior to the effective date of 1529 |
---|
| 2067 | + | the new rate and delivery is made within ninety days after the effective 1530 |
---|
| 2068 | + | date of the new rate. For the purposes of payment of the tax imposed 1531 |
---|
| 2069 | + | under this section, any retailer of services taxable under subdivision 1532 |
---|
| 2070 | + | (37) of subsection (a) of section 12-407, as amended by this act, who 1533 |
---|
| 2071 | + | computes taxable income, for purposes of taxation under the Internal 1534 |
---|
| 2072 | + | Revenue Code of 1986, or any subsequent corresponding internal 1535 |
---|
| 2073 | + | revenue code of the United States, as from time to time amended, on 1536 |
---|
| 2074 | + | an accounting basis which recognizes only cash or other valuable 1537 |
---|
| 2075 | + | consideration actually received as income and who is liable for such 1538 |
---|
| 2076 | + | tax only due to the rendering of such services may make payments 1539 |
---|
| 2077 | + | related to such tax for the period during which such income is 1540 |
---|
| 2078 | + | received, without penalty or interest, without regard to when such 1541 |
---|
| 2079 | + | service is rendered; 1542 |
---|
| 2080 | + | (J) (i) For calendar quarters ending on or after September 30, 2019, 1543 |
---|
| 2081 | + | the commissioner shall deposit into the regional planning incentive 1544 |
---|
| 2082 | + | account, established pursuant to section 4-66k, six and seven-tenths 1545 |
---|
| 2083 | + | per cent of the amounts received by the state from the tax imposed 1546 |
---|
| 2084 | + | under subparagraph (B) of this subdivision and ten and seven-tenths 1547 |
---|
| 2085 | + | per cent of the amounts received by the state from the tax imposed 1548 |
---|
| 2086 | + | under subparagraph (G) of this subdivision; 1549 |
---|
| 2087 | + | (ii) For calendar quarters ending on or after September 30, 2018, the 1550 |
---|
| 2088 | + | commissioner shall deposit into the Tourism Fund established under 1551 |
---|
| 2089 | + | section 10-395b ten per cent of the amounts received by the state from 1552 |
---|
| 2090 | + | the tax imposed under subparagraph [(B)] (B)(i) and (B)(ii) of this 1553 |
---|
| 2091 | + | subdivision; and 1554 |
---|
| 2092 | + | (K) (i) For calendar months commencing on or after July 1, 2017, the 1555 |
---|
| 2093 | + | commissioner shall deposit into the Special Transportation Fund 1556 |
---|
| 2094 | + | established under section 13b-68 seven and nine-tenths per cent of the 1557 |
---|
| 2095 | + | amounts received by the state from the tax imposed under 1558 |
---|
| 2096 | + | subparagraph (A) of this subdivision; 1559 |
---|
| 2097 | + | Governor's Bill No. 877 |
---|
| 2098 | + | |
---|
| 2099 | + | |
---|
| 2100 | + | |
---|
| 2101 | + | LCO No. 4566 56 of 138 |
---|
| 2102 | + | |
---|
| 2103 | + | (ii) For calendar months commencing on or after July 1, 2018, the 1560 |
---|
| 2104 | + | commissioner shall deposit into the Special Transportation Fund 1561 |
---|
| 2105 | + | established under section 13b-68 eight per cent of the amounts 1562 |
---|
| 2106 | + | received by the state from the tax imposed under subparagraphs (A) 1563 |
---|
| 2107 | + | and (H) of this subdivision on the sale of a motor vehicle. 1564 |
---|
| 2108 | + | Sec. 16. Subdivision (1) of section 12-411 of the general statutes is 1565 |
---|
| 2109 | + | repealed and the following is substituted in lieu thereof (Effective July 1566 |
---|
| 2110 | + | 1, 2019, and applicable to sales occurring on or after July 1, 2019): 1567 |
---|
| 2111 | + | (1) (A) An excise tax is hereby imposed on the storage, acceptance, 1568 |
---|
| 2112 | + | consumption or any other use in this state of tangible personal 1569 |
---|
| 2113 | + | property purchased from any retailer for storage, acceptance, 1570 |
---|
| 2114 | + | consumption or any other use in this state, the acceptance or receipt of 1571 |
---|
| 2115 | + | any services constituting a sale in accordance with subdivision (2) of 1572 |
---|
| 2116 | + | subsection (a) of section 12-407, as amended by this act, purchased 1573 |
---|
| 2117 | + | from any retailer for consumption or use in this state, or the storage, 1574 |
---|
| 2118 | + | acceptance, consumption or any other use in this state of tangible 1575 |
---|
| 2119 | + | personal property which has been manufactured, fabricated, 1576 |
---|
| 2120 | + | assembled or processed from materials by a person, either within or 1577 |
---|
| 2121 | + | without this state, for storage, acceptance, consumption or any other 1578 |
---|
| 2122 | + | use by such person in this state, to be measured by the sales price of 1579 |
---|
| 2123 | + | materials, at the rate of six and thirty-five-hundredths per cent of the 1580 |
---|
| 2124 | + | sales price of such property or services, except, in lieu of said rate of six 1581 |
---|
| 2125 | + | and thirty-five-hundredths per cent; 1582 |
---|
| 2126 | + | (B) (i) At a rate of [fifteen] seventeen per cent of the rent paid to a 1583 |
---|
| 2127 | + | hotel or lodging house for the first period not exceeding thirty 1584 |
---|
| 2128 | + | consecutive calendar days; 1585 |
---|
| 2129 | + | (ii) At a rate of [eleven] thirteen per cent of the rent paid to a bed 1586 |
---|
| 2130 | + | and breakfast establishment for the first period not exceeding thirty 1587 |
---|
| 2131 | + | consecutive calendar days; 1588 |
---|
| 2132 | + | (C) With respect to the storage, acceptance, consumption or use in 1589 |
---|
| 2133 | + | this state of a motor vehicle purchased from any retailer for storage, 1590 |
---|
| 2134 | + | Governor's Bill No. 877 |
---|
| 2135 | + | |
---|
| 2136 | + | |
---|
| 2137 | + | |
---|
| 2138 | + | LCO No. 4566 57 of 138 |
---|
| 2139 | + | |
---|
| 2140 | + | acceptance, consumption or use in this state by any individual who is a 1591 |
---|
| 2141 | + | member of the armed forces of the United States and is on full-time 1592 |
---|
| 2142 | + | active duty in Connecticut and who is considered, under 50 App USC 1593 |
---|
| 2143 | + | 574, a resident of another state, or to any such individual and the 1594 |
---|
| 2144 | + | spouse of such individual at a rate of four and one-half per cent of the 1595 |
---|
| 2145 | + | sales price of such vehicle, provided such retailer requires and 1596 |
---|
| 2146 | + | maintains a declaration by such individual, prescribed as to form by 1597 |
---|
| 2147 | + | the commissioner and bearing notice to the effect that false statements 1598 |
---|
| 2148 | + | made in such declaration are punishable, or other evidence, 1599 |
---|
| 2149 | + | satisfactory to the commissioner, concerning the purchaser's state of 1600 |
---|
| 2150 | + | residence under 50 App USC 574; 1601 |
---|
| 2151 | + | (D) [(i)] With respect to the acceptance or receipt in this state of 1602 |
---|
| 2152 | + | labor that is otherwise taxable under subparagraph (C) or (G) of 1603 |
---|
| 2153 | + | subdivision (2) of subsection (a) of section 12-407 on existing vessels 1604 |
---|
| 2154 | + | and repair or maintenance services on vessels occurring on and after 1605 |
---|
| 2155 | + | July 1, 1999, such services shall be exempt from such tax; 1606 |
---|
| 2156 | + | [(ii) (I) With respect to the storage, acceptance or other use of a 1607 |
---|
| 2157 | + | vessel in this state, at the rate of two and ninety-nine-hundredths per 1608 |
---|
| 2158 | + | cent, except that such storage, acceptance or other use shall be exempt 1609 |
---|
| 2159 | + | from such tax if such vessel is docked in this state for sixty or fewer 1610 |
---|
| 2160 | + | days in a calendar year; 1611 |
---|
| 2161 | + | (II) With respect to the storage, acceptance or other use of a motor 1612 |
---|
| 2162 | + | for a vessel or a trailer used for transporting a vessel in this state, at the 1613 |
---|
| 2163 | + | rate of two and ninety-nine-hundredths per cent;] 1614 |
---|
| 2164 | + | (E) (i) With respect to the acceptance or receipt in this state of 1615 |
---|
| 2165 | + | computer and data processing services purchased from any retailer for 1616 |
---|
| 2166 | + | consumption or use in this state occurring on or after July 1, 2001, at 1617 |
---|
| 2167 | + | the rate of one per cent of such services, and (ii) with respect to the 1618 |
---|
| 2168 | + | acceptance or receipt in this state of Internet access services, on and 1619 |
---|
| 2169 | + | after July 1, 2001, such services shall be exempt from such tax; 1620 |
---|
| 2170 | + | (F) With respect to the acceptance or receipt in this state of patient 1621 |
---|
| 2171 | + | Governor's Bill No. 877 |
---|
| 2172 | + | |
---|
| 2173 | + | |
---|
| 2174 | + | |
---|
| 2175 | + | LCO No. 4566 58 of 138 |
---|
| 2176 | + | |
---|
| 2177 | + | care services purchased from any retailer for consumption or use in 1622 |
---|
| 2178 | + | this state for which payment is received by the hospital on or after July 1623 |
---|
| 2179 | + | 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths 1624 |
---|
| 2180 | + | per cent and on and after July 1, 2001, such services shall be exempt 1625 |
---|
| 2181 | + | from such tax; 1626 |
---|
| 2182 | + | (G) With respect to the rental or leasing of a passenger motor 1627 |
---|
| 2183 | + | vehicle for a period of thirty consecutive calendar days or less, at a rate 1628 |
---|
| 2184 | + | of nine and thirty-five-hundredths per cent; 1629 |
---|
| 2185 | + | (H) With respect to the acceptance or receipt in this state of (i) a 1630 |
---|
| 2186 | + | motor vehicle for a sales price exceeding fifty thousand dollars, at a 1631 |
---|
| 2187 | + | rate of seven and three-fourths per cent on the entire sales price, (ii) 1632 |
---|
| 2188 | + | jewelry, whether real or imitation, for a sales price exceeding five 1633 |
---|
| 2189 | + | thousand dollars, at a rate of seven and three-fourths per cent on the 1634 |
---|
| 2190 | + | entire sales price, and (iii) an article of clothing or footwear intended to 1635 |
---|
| 2191 | + | be worn on or about the human body, a handbag, luggage, umbrella, 1636 |
---|
| 2192 | + | wallet or watch for a sales price exceeding one thousand dollars, at a 1637 |
---|
| 2193 | + | rate of seven and three-fourths per cent on the entire sales price. For 1638 |
---|
| 2194 | + | purposes of this subparagraph, "motor vehicle" has the meaning 1639 |
---|
| 2195 | + | provided in section 14-1, but does not include a motor vehicle subject 1640 |
---|
| 2196 | + | to the provisions of subparagraph (C) of this subdivision, a motor 1641 |
---|
| 2197 | + | vehicle having a gross vehicle weight rating over twelve thousand five 1642 |
---|
| 2198 | + | hundred pounds, or a motor vehicle having a gross vehicle weight 1643 |
---|
| 2199 | + | rating of twelve thousand five hundred pounds or less that is not used 1644 |
---|
| 2200 | + | for private passenger purposes, but is designed or used to transport 1645 |
---|
| 2201 | + | merchandise, freight or persons in connection with any business 1646 |
---|
| 2202 | + | enterprise and issued a commercial registration or more specific type 1647 |
---|
| 2203 | + | of registration by the Department of Motor Vehicles; 1648 |
---|
| 2204 | + | (I) (i) For calendar quarters ending on or after September 30, 2019, 1649 |
---|
| 2205 | + | the commissioner shall deposit into the regional planning incentive 1650 |
---|
| 2206 | + | account, established pursuant to section 4-66k, six and seven-tenths 1651 |
---|
| 2207 | + | per cent of the amounts received by the state from the tax imposed 1652 |
---|
| 2208 | + | under subparagraph (B) of this subdivision and ten and seven-tenths 1653 |
---|
| 2209 | + | Governor's Bill No. 877 |
---|
| 2210 | + | |
---|
| 2211 | + | |
---|
| 2212 | + | |
---|
| 2213 | + | LCO No. 4566 59 of 138 |
---|
| 2214 | + | |
---|
| 2215 | + | per cent of the amounts received by the state from the tax imposed 1654 |
---|
| 2216 | + | under subparagraph (G) of this subdivision; 1655 |
---|
| 2217 | + | (ii) For calendar quarters ending on or after September 30, 2018, the 1656 |
---|
| 2218 | + | commissioner shall deposit into the Tourism Fund established under 1657 |
---|
| 2219 | + | section 10-395b ten per cent of the amounts received by the state from 1658 |
---|
| 2220 | + | the tax imposed under subparagraph (B) of this subdivision; and 1659 |
---|
| 2221 | + | [(J) For calendar months commencing on or after July 1, 2021, the 1660 |
---|
| 2222 | + | commissioner shall deposit into said municipal revenue sharing 1661 |
---|
| 2223 | + | account seven and nine-tenths per cent of the amounts received by the 1662 |
---|
| 2224 | + | state from the tax imposed under subparagraph (A) of this 1663 |
---|
| 2225 | + | subdivision; and] 1664 |
---|
| 2226 | + | [(K)] (J) (i) For calendar months commencing on or after July 1, 2017, 1665 |
---|
| 2227 | + | the commissioner shall deposit into said Special Transportation Fund 1666 |
---|
| 2228 | + | seven and nine-tenths per cent of the amounts received by the state 1667 |
---|
| 2229 | + | from the tax imposed under subparagraph (A) of this subdivision; 1668 |
---|
| 2230 | + | (ii) For calendar months commencing on or after July 1, 2018, [but 1669 |
---|
| 2231 | + | prior to July 1, 2019,] the commissioner shall deposit into the Special 1670 |
---|
| 2232 | + | Transportation Fund established under section 13b-68 eight per cent of 1671 |
---|
| 2233 | + | the amounts received by the state from the tax imposed under 1672 |
---|
| 2234 | + | subparagraphs (A) and (H) of this subdivision on the acceptance or 1673 |
---|
| 2235 | + | receipt in this state of a motor vehicle. [;] 1674 |
---|
| 2236 | + | [(iii) For calendar months commencing on or after July 1, 2019, but 1675 |
---|
| 2237 | + | prior to July 1, 2020, the commissioner shall deposit into the Special 1676 |
---|
| 2238 | + | Transportation Fund established under section 13b-68 thirty-three per 1677 |
---|
| 2239 | + | cent of the amounts received by the state from the tax imposed under 1678 |
---|
| 2240 | + | subparagraphs (A) and (H) of this subdivision on the acceptance or 1679 |
---|
| 2241 | + | receipt in this state of a motor vehicle; 1680 |
---|
| 2242 | + | (iv) For calendar months commencing on or after July 1, 2020, but 1681 |
---|
| 2243 | + | prior to July 1, 2021, the commissioner shall deposit into the Special 1682 |
---|
| 2244 | + | Transportation Fund established under section 13b-68 fifty-six per cent 1683 |
---|
| 2245 | + | Governor's Bill No. 877 |
---|
| 2246 | + | |
---|
| 2247 | + | |
---|
| 2248 | + | |
---|
| 2249 | + | LCO No. 4566 60 of 138 |
---|
| 2250 | + | |
---|
| 2251 | + | of the amounts received by the state from the tax imposed under 1684 |
---|
| 2252 | + | subparagraphs (A) and (H) of this subdivision on the acceptance or 1685 |
---|
| 2253 | + | receipt in this state of a motor vehicle; 1686 |
---|
| 2254 | + | (v) For calendar months commencing on or after July 1, 2021, but 1687 |
---|
| 2255 | + | prior to July 1, 2022, the commissioner shall deposit into the Special 1688 |
---|
| 2256 | + | Transportation Fund established under section 13b-68 seventy-five per 1689 |
---|
| 2257 | + | cent of the amounts received by the state from the tax imposed under 1690 |
---|
| 2258 | + | subparagraphs (A) and (H) of this subdivision on the acceptance or 1691 |
---|
| 2259 | + | receipt in this state of a motor vehicle; and 1692 |
---|
| 2260 | + | (vi) For calendar months commencing on or after July 1, 2022, the 1693 |
---|
| 2261 | + | commissioner shall deposit into the Special Transportation Fund 1694 |
---|
| 2262 | + | established under section 13b-68 one hundred per cent of the amounts 1695 |
---|
| 2263 | + | received by the state from the tax imposed under subparagraphs (A) 1696 |
---|
| 2264 | + | and (H) of this subdivision on the acceptance or receipt in this state of 1697 |
---|
| 2265 | + | a motor vehicle.] 1698 |
---|
| 2266 | + | Sec. 17. Subdivision (1) of section 12-411 of the general statutes, as 1699 |
---|
| 2267 | + | amended by section 16 of this act, is repealed and the following is 1700 |
---|
| 2268 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 1701 |
---|
| 2269 | + | sales occurring on or after January 1, 2020): 1702 |
---|
| 2270 | + | (1) (A) An excise tax is hereby imposed on the storage, acceptance, 1703 |
---|
| 2271 | + | consumption or any other use in this state of tangible personal 1704 |
---|
| 2272 | + | property purchased from any retailer for storage, acceptance, 1705 |
---|
| 2273 | + | consumption or any other use in this state, the acceptance or receipt of 1706 |
---|
| 2274 | + | any services constituting a sale in accordance with subdivision (2) of 1707 |
---|
| 2275 | + | subsection (a) of section 12-407, as amended by this act, purchased 1708 |
---|
| 2276 | + | from any retailer for consumption or use in this state, or the storage, 1709 |
---|
| 2277 | + | acceptance, consumption or any other use in this state of tangible 1710 |
---|
| 2278 | + | personal property which has been manufactured, fabricated, 1711 |
---|
| 2279 | + | assembled or processed from materials by a person, either within or 1712 |
---|
| 2280 | + | without this state, for storage, acceptance, consumption or any other 1713 |
---|
| 2281 | + | use by such person in this state, to be measured by the sales price of 1714 |
---|
| 2282 | + | Governor's Bill No. 877 |
---|
| 2283 | + | |
---|
| 2284 | + | |
---|
| 2285 | + | |
---|
| 2286 | + | LCO No. 4566 61 of 138 |
---|
| 2287 | + | |
---|
| 2288 | + | materials, at the rate of six and thirty-five-hundredths per cent of the 1715 |
---|
| 2289 | + | sales price of such property or services, except, in lieu of said rate of six 1716 |
---|
| 2290 | + | and thirty-five-hundredths per cent; 1717 |
---|
| 2291 | + | (B) (i) At a rate of seventeen per cent of the rent paid to a hotel or 1718 |
---|
| 2292 | + | lodging house for the first period not exceeding thirty consecutive 1719 |
---|
| 2293 | + | calendar days; 1720 |
---|
| 2294 | + | (ii) At a rate of thirteen per cent of the rent paid to a bed and 1721 |
---|
| 2295 | + | breakfast establishment for the first period not exceeding thirty 1722 |
---|
| 2296 | + | consecutive calendar days; 1723 |
---|
| 2297 | + | (iii) At a rate of six and thirty-five-hundredths per cent with respect 1724 |
---|
| 2298 | + | to each transfer of occupancy, from the total amount of rent received 1725 |
---|
| 2299 | + | by a campground for the first period not exceeding thirty consecutive 1726 |
---|
| 2300 | + | days; 1727 |
---|
| 2301 | + | (C) With respect to the storage, acceptance, consumption or use in 1728 |
---|
| 2302 | + | this state of a motor vehicle purchased from any retailer for storage, 1729 |
---|
| 2303 | + | acceptance, consumption or use in this state by any individual who is a 1730 |
---|
| 2304 | + | member of the armed forces of the United States and is on full-time 1731 |
---|
| 2305 | + | active duty in Connecticut and who is considered, under 50 App USC 1732 |
---|
| 2306 | + | 574, a resident of another state, or to any such individual and the 1733 |
---|
| 2307 | + | spouse of such individual at a rate of four and one-half per cent of the 1734 |
---|
| 2308 | + | sales price of such vehicle, provided such retailer requires and 1735 |
---|
| 2309 | + | maintains a declaration by such individual, prescribed as to form by 1736 |
---|
| 2310 | + | the commissioner and bearing notice to the effect that false statements 1737 |
---|
| 2311 | + | made in such declaration are punishable, or other evidence, 1738 |
---|
| 2312 | + | satisfactory to the commissioner, concerning the purchaser's state of 1739 |
---|
| 2313 | + | residence under 50 App USC 574; 1740 |
---|
| 2314 | + | (D) With respect to the acceptance or receipt in this state of labor 1741 |
---|
| 2315 | + | that is otherwise taxable under subparagraph (C) or (G) of subdivision 1742 |
---|
| 2316 | + | (2) of subsection (a) of section 12-407 on existing vessels and repair or 1743 |
---|
| 2317 | + | maintenance services on vessels occurring on and after July 1, 1999, but 1744 |
---|
| 2318 | + | prior to January 1, 2020, such services shall be exempt from such tax; 1745 |
---|
| 2319 | + | Governor's Bill No. 877 |
---|
| 2320 | + | |
---|
| 2321 | + | |
---|
| 2322 | + | |
---|
| 2323 | + | LCO No. 4566 62 of 138 |
---|
| 2324 | + | |
---|
| 2325 | + | (E) (i) With respect to the acceptance or receipt in this state of 1746 |
---|
| 2326 | + | computer and data processing services purchased from any retailer for 1747 |
---|
| 2327 | + | consumption or use in this state occurring on or after July 1, 2001, at 1748 |
---|
| 2328 | + | the rate of one per cent of such services, and (ii) with respect to the 1749 |
---|
| 2329 | + | acceptance or receipt in this state of Internet access services, on and 1750 |
---|
| 2330 | + | after July 1, 2001, such services shall be exempt from such tax; 1751 |
---|
| 2331 | + | (F) With respect to the acceptance or receipt in this state of patient 1752 |
---|
| 2332 | + | care services purchased from any retailer for consumption or use in 1753 |
---|
| 2333 | + | this state for which payment is received by the hospital on or after July 1754 |
---|
| 2334 | + | 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths 1755 |
---|
| 2335 | + | per cent and on and after July 1, 2001, such services shall be exempt 1756 |
---|
| 2336 | + | from such tax; 1757 |
---|
| 2337 | + | (G) With respect to the rental or leasing of a passenger motor 1758 |
---|
| 2338 | + | vehicle for a period of thirty consecutive calendar days or less, at a rate 1759 |
---|
| 2339 | + | of nine and thirty-five-hundredths per cent; 1760 |
---|
| 2340 | + | (H) With respect to the acceptance or receipt in this state of (i) a 1761 |
---|
| 2341 | + | motor vehicle for a sales price exceeding fifty thousand dollars, at a 1762 |
---|
| 2342 | + | rate of seven and three-fourths per cent on the entire sales price, (ii) 1763 |
---|
| 2343 | + | jewelry, whether real or imitation, for a sales price exceeding five 1764 |
---|
| 2344 | + | thousand dollars, at a rate of seven and three-fourths per cent on the 1765 |
---|
| 2345 | + | entire sales price, and (iii) an article of clothing or footwear intended to 1766 |
---|
| 2346 | + | be worn on or about the human body, a handbag, luggage, umbrella, 1767 |
---|
| 2347 | + | wallet or watch for a sales price exceeding one thousand dollars, at a 1768 |
---|
| 2348 | + | rate of seven and three-fourths per cent on the entire sales price. For 1769 |
---|
| 2349 | + | purposes of this subparagraph, "motor vehicle" has the meaning 1770 |
---|
| 2350 | + | provided in section 14-1, but does not include a motor vehicle subject 1771 |
---|
| 2351 | + | to the provisions of subparagraph (C) of this subdivision, a motor 1772 |
---|
| 2352 | + | vehicle having a gross vehicle weight rating over twelve thousand five 1773 |
---|
| 2353 | + | hundred pounds, or a motor vehicle having a gross vehicle weight 1774 |
---|
| 2354 | + | rating of twelve thousand five hundred pounds or less that is not used 1775 |
---|
| 2355 | + | for private passenger purposes, but is designed or used to transport 1776 |
---|
| 2356 | + | merchandise, freight or persons in connection with any business 1777 |
---|
| 2357 | + | Governor's Bill No. 877 |
---|
| 2358 | + | |
---|
| 2359 | + | |
---|
| 2360 | + | |
---|
| 2361 | + | LCO No. 4566 63 of 138 |
---|
| 2362 | + | |
---|
| 2363 | + | enterprise and issued a commercial registration or more specific type 1778 |
---|
| 2364 | + | of registration by the Department of Motor Vehicles; 1779 |
---|
| 2365 | + | (I) (i) For calendar quarters ending on or after September 30, 2019, 1780 |
---|
| 2366 | + | the commissioner shall deposit into the regional planning incentive 1781 |
---|
| 2367 | + | account, established pursuant to section 4-66k, six and seven-tenths 1782 |
---|
| 2368 | + | per cent of the amounts received by the state from the tax imposed 1783 |
---|
| 2369 | + | under subparagraph (B) of this subdivision and ten and seven-tenths 1784 |
---|
| 2370 | + | per cent of the amounts received by the state from the tax imposed 1785 |
---|
| 2371 | + | under subparagraph (G) of this subdivision; 1786 |
---|
| 2372 | + | (ii) For calendar quarters ending on or after September 30, 2018, the 1787 |
---|
| 2373 | + | commissioner shall deposit into the Tourism Fund established under 1788 |
---|
| 2374 | + | section 10-395b ten per cent of the amounts received by the state from 1789 |
---|
| 2375 | + | the tax imposed under subparagraph [(B)] (B)(i) and (B)(ii) of this 1790 |
---|
| 2376 | + | subdivision; and 1791 |
---|
| 2377 | + | (J) (i) For calendar months commencing on or after July 1, 2017, the 1792 |
---|
| 2378 | + | commissioner shall deposit into said Special Transportation Fund 1793 |
---|
| 2379 | + | seven and nine-tenths per cent of the amounts received by the state 1794 |
---|
| 2380 | + | from the tax imposed under subparagraph (A) of this subdivision; 1795 |
---|
| 2381 | + | (ii) For calendar months commencing on or after July 1, 2018, the 1796 |
---|
| 2382 | + | commissioner shall deposit into the Special Transportation Fund 1797 |
---|
| 2383 | + | established under section 13b-68 eight per cent of the amounts 1798 |
---|
| 2384 | + | received by the state from the tax imposed under subparagraphs (A) 1799 |
---|
| 2385 | + | and (H) of this subdivision on the acceptance or receipt in this state of 1800 |
---|
| 2386 | + | a motor vehicle. 1801 |
---|
| 2387 | + | Sec. 18. Subparagraph (M) of subdivision (2) of subsection (a) of 1802 |
---|
| 2388 | + | section 12-407 of the general statutes is repealed and the following is 1803 |
---|
| 2389 | + | substituted in lieu thereof (Effective October 1, 2019, and applicable to 1804 |
---|
| 2390 | + | sales occurring on or after October 1, 2019): 1805 |
---|
| 2391 | + | (M) The transfer for consideration of space or the right to use any 1806 |
---|
| 2392 | + | space for the purpose of storage or mooring of any noncommercial 1807 |
---|
| 2393 | + | Governor's Bill No. 877 |
---|
| 2394 | + | |
---|
| 2395 | + | |
---|
| 2396 | + | |
---|
| 2397 | + | LCO No. 4566 64 of 138 |
---|
| 2398 | + | |
---|
| 2399 | + | vessel; [, exclusive of dry or wet storage or mooring of such vessel 1808 |
---|
| 2400 | + | during the period commencing on the first day of October in any year 1809 |
---|
| 2401 | + | to and including the thirty-first day of May of the next succeeding 1810 |
---|
| 2402 | + | year;] 1811 |
---|
| 2403 | + | Sec. 19. Subdivision (13) of subsection (a) of section 12-407 of the 1812 |
---|
| 2404 | + | general statutes is repealed and the following is substituted in lieu 1813 |
---|
| 2405 | + | thereof (Effective October 1, 2019, and applicable to sales occurring on or 1814 |
---|
| 2406 | + | after October 1, 2019): 1815 |
---|
| 2407 | + | (13) "Tangible personal property" means personal property [which] 1816 |
---|
| 2408 | + | that may be seen, weighed, measured, felt or touched or [which] that is 1817 |
---|
| 2409 | + | in any other manner perceptible to the senses. [including] "Tangible 1818 |
---|
| 2410 | + | personal property" includes (A) digital goods and canned or 1819 |
---|
| 2411 | + | prewritten computer software, [. Tangible personal property includes] 1820 |
---|
| 2412 | + | including prewritten software that is electronically accessed or 1821 |
---|
| 2413 | + | transferred and any additional content related to such software, and 1822 |
---|
| 2414 | + | (B) the distribution, generation or transmission of electricity. 1823 |
---|
| 2415 | + | Sec. 20. Subsection (a) of section 12-407 of the general statutes is 1824 |
---|
| 2416 | + | amended by adding subdivision (43) as follows (Effective October 1, 1825 |
---|
| 2417 | + | 2019, and applicable to sales occurring on or after October 1, 2019): 1826 |
---|
| 2418 | + | (NEW) (43) "Digital goods" means audio works, visual works, 1827 |
---|
| 2419 | + | audio-visual works, reading materials or ring tones, that are 1828 |
---|
| 2420 | + | electronically accessed or transferred. 1829 |
---|
| 2421 | + | Sec. 21. Subparagraph (A) of subdivision (37) of subsection (a) of 1830 |
---|
| 2422 | + | section 12-407 of the general statutes is repealed and the following is 1831 |
---|
| 2423 | + | substituted in lieu thereof (Effective October 1, 2019, and applicable to 1832 |
---|
| 2424 | + | sales occurring on or after October 1, 2019): 1833 |
---|
| 2425 | + | (A) Computer and data processing services, including, but not 1834 |
---|
| 2426 | + | limited to, time, programming, code writing, modification of existing 1835 |
---|
| 2427 | + | programs, feasibility studies and installation and implementation of 1836 |
---|
| 2428 | + | software programs and systems even where such services are rendered 1837 |
---|
| 2429 | + | Governor's Bill No. 877 |
---|
| 2430 | + | |
---|
| 2431 | + | |
---|
| 2432 | + | |
---|
| 2433 | + | LCO No. 4566 65 of 138 |
---|
| 2434 | + | |
---|
| 2435 | + | in connection with the development, creation or production of canned 1838 |
---|
| 2436 | + | or custom software or the license of custom software, but excluding 1839 |
---|
| 2437 | + | digital goods; 1840 |
---|
| 2438 | + | Sec. 22. Subdivision (37) of subsection (a) of section 12-407 of the 1841 |
---|
| 2439 | + | general statutes, as amended by section 21 of this act, is repealed and 1842 |
---|
| 2440 | + | the following is substituted in lieu thereof (Effective January 1, 2020, and 1843 |
---|
| 2441 | + | applicable to sales occurring on or after January 1, 2020): 1844 |
---|
| 2442 | + | (37) "Services" for purposes of subdivision (2) of this subsection, 1845 |
---|
| 2443 | + | means: 1846 |
---|
| 2444 | + | (A) Computer and data processing services, including, but not 1847 |
---|
| 2445 | + | limited to, time, programming, code writing, modification of existing 1848 |
---|
| 2446 | + | programs, feasibility studies and installation and implementation of 1849 |
---|
| 2447 | + | software programs and systems even where such services are rendered 1850 |
---|
| 2448 | + | in connection with the development, creation or production of canned 1851 |
---|
| 2449 | + | or custom software or the license of custom software, but excluding 1852 |
---|
| 2450 | + | digital goods; 1853 |
---|
| 2451 | + | (B) Credit information and reporting services; 1854 |
---|
| 2452 | + | (C) Services by employment agencies and agencies providing 1855 |
---|
| 2453 | + | personnel services; 1856 |
---|
| 2454 | + | (D) Private investigation, protection, patrol work, watchman and 1857 |
---|
| 2455 | + | armored car services, exclusive of (i) services of off-duty police officers 1858 |
---|
| 2456 | + | and off-duty firefighters, and (ii) coin and currency services provided 1859 |
---|
| 2457 | + | to a financial services company by or through another financial 1860 |
---|
| 2458 | + | services company. For purposes of this subparagraph, "financial 1861 |
---|
| 2459 | + | services company" has the same meaning as provided under 1862 |
---|
| 2460 | + | subparagraphs (A) to (H), inclusive, of subdivision (6) of subsection (a) 1863 |
---|
| 2461 | + | of section 12-218b; 1864 |
---|
| 2462 | + | (E) Painting and lettering services; 1865 |
---|
| 2463 | + | (F) Photographic studio services; 1866 |
---|
| 2464 | + | Governor's Bill No. 877 |
---|
| 2465 | + | |
---|
| 2466 | + | |
---|
| 2467 | + | |
---|
| 2468 | + | LCO No. 4566 66 of 138 |
---|
| 2469 | + | |
---|
| 2470 | + | (G) Telephone answering services; 1867 |
---|
| 2471 | + | (H) Stenographic services; 1868 |
---|
| 2472 | + | (I) Services to industrial, commercial or income-producing real 1869 |
---|
| 2473 | + | property, including, but not limited to, such services as management, 1870 |
---|
| 2474 | + | electrical, plumbing, painting and carpentry, provided 1871 |
---|
| 2475 | + | income-producing property shall not include [property used 1872 |
---|
| 2476 | + | exclusively for residential purposes in which the owner resides and 1873 |
---|
| 2477 | + | which contains no more than three dwelling units, or] a housing 1874 |
---|
| 2478 | + | facility for low and moderate income families and persons owned or 1875 |
---|
| 2479 | + | operated by a nonprofit housing organization, as defined in 1876 |
---|
| 2480 | + | subdivision (29) of section 12-412; 1877 |
---|
| 2481 | + | (J) Business analysis, management, management consulting and 1878 |
---|
| 2482 | + | public relations services, excluding (i) any environmental consulting 1879 |
---|
| 2483 | + | services, (ii) any training services provided by an institution of higher 1880 |
---|
| 2484 | + | education licensed or accredited by the Board of Regents for Higher 1881 |
---|
| 2485 | + | Education or Office of Higher Education pursuant to sections 10a-35a 1882 |
---|
| 2486 | + | and 10a-34, respectively, and (iii) on and after January 1, 1994, any 1883 |
---|
| 2487 | + | business analysis, management, management consulting and public 1884 |
---|
| 2488 | + | relations services when such services are rendered in connection with 1885 |
---|
| 2489 | + | an aircraft leased or owned by a certificated air carrier or in connection 1886 |
---|
| 2490 | + | with an aircraft which has a maximum certificated take-off weight of 1887 |
---|
| 2491 | + | six thousand pounds or more; 1888 |
---|
| 2492 | + | (K) Services providing "piped-in" music to business or professional 1889 |
---|
| 2493 | + | establishments; 1890 |
---|
| 2494 | + | (L) Flight instruction and chartering services by a certificated air 1891 |
---|
| 2495 | + | carrier on an aircraft, the use of which for such purposes, but for the 1892 |
---|
| 2496 | + | provisions of subdivision (4) of section 12-410 and subdivision (12) of 1893 |
---|
| 2497 | + | section 12-411, would be deemed a retail sale and a taxable storage or 1894 |
---|
| 2498 | + | use, respectively, of such aircraft by such carrier; 1895 |
---|
| 2499 | + | (M) Motor vehicle repair services, including any type of repair, 1896 |
---|
| 2500 | + | Governor's Bill No. 877 |
---|
| 2501 | + | |
---|
| 2502 | + | |
---|
| 2503 | + | |
---|
| 2504 | + | LCO No. 4566 67 of 138 |
---|
| 2505 | + | |
---|
| 2506 | + | painting or replacement related to the body or any of the operating 1897 |
---|
| 2507 | + | parts of a motor vehicle; 1898 |
---|
| 2508 | + | (N) Motor vehicle parking, [including the provision of space, other 1899 |
---|
| 2509 | + | than metered space, in a lot having thirty or more spaces,] excluding 1900 |
---|
| 2510 | + | [(i)] space in a parking lot owned or leased under the terms of a lease 1901 |
---|
| 2511 | + | of not less than ten years' duration and operated by an employer for 1902 |
---|
| 2512 | + | the exclusive use of its employees; [, (ii) space in municipally operated 1903 |
---|
| 2513 | + | railroad parking facilities in municipalities located within an area of 1904 |
---|
| 2514 | + | the state designated as a severe nonattainment area for ozone under 1905 |
---|
| 2515 | + | the federal Clean Air Act or space in a railroad parking facility in a 1906 |
---|
| 2516 | + | municipality located within an area of the state designated as a severe 1907 |
---|
| 2517 | + | nonattainment area for ozone under the federal Clean Air Act owned 1908 |
---|
| 2518 | + | or operated by the state on or after April 1, 2000, (iii) space in a 1909 |
---|
| 2519 | + | seasonal parking lot provided by an entity subject to the exemption set 1910 |
---|
| 2520 | + | forth in subdivision (1) of section 12-412, and (iv) space in a 1911 |
---|
| 2521 | + | municipally owned parking lot;] 1912 |
---|
| 2522 | + | (O) Radio or television repair services; 1913 |
---|
| 2523 | + | (P) Furniture reupholstering and repair services; 1914 |
---|
| 2524 | + | (Q) Repair services to any electrical or electronic device, including, 1915 |
---|
| 2525 | + | but not limited to, equipment used for purposes of refrigeration or 1916 |
---|
| 2526 | + | air-conditioning; 1917 |
---|
| 2527 | + | (R) Lobbying or consulting services for purposes of representing the 1918 |
---|
| 2528 | + | interests of a client in relation to the functions of any governmental 1919 |
---|
| 2529 | + | entity or instrumentality; 1920 |
---|
| 2530 | + | (S) Services of the agent of any person in relation to the sale of any 1921 |
---|
| 2531 | + | item of tangible personal property for such person, exclusive of the 1922 |
---|
| 2532 | + | services of a consignee selling works of art, as defined in subsection (b) 1923 |
---|
| 2533 | + | of section 12-376c, or articles of clothing or footwear intended to be 1924 |
---|
| 2534 | + | worn on or about the human body other than (i) any special clothing 1925 |
---|
| 2535 | + | or footwear primarily designed for athletic activity or protective use 1926 |
---|
| 2536 | + | Governor's Bill No. 877 |
---|
| 2537 | + | |
---|
| 2538 | + | |
---|
| 2539 | + | |
---|
| 2540 | + | LCO No. 4566 68 of 138 |
---|
| 2541 | + | |
---|
| 2542 | + | and which is not normally worn except when used for the athletic 1927 |
---|
| 2543 | + | activity or protective use for which it was designed, and (ii) jewelry, 1928 |
---|
| 2544 | + | handbags, luggage, umbrellas, wallets, watches and similar items 1929 |
---|
| 2545 | + | carried on or about the human body but not worn on the body, under 1930 |
---|
| 2546 | + | consignment, exclusive of services provided by an auctioneer; 1931 |
---|
| 2547 | + | (T) Locksmith services; 1932 |
---|
| 2548 | + | (U) Advertising or public relations services, including layout, art 1933 |
---|
| 2549 | + | direction, graphic design, mechanical preparation or production 1934 |
---|
| 2550 | + | supervision, not related to the development of media advertising or 1935 |
---|
| 2551 | + | cooperative direct mail advertising; 1936 |
---|
| 2552 | + | (V) Landscaping and horticulture services; 1937 |
---|
| 2553 | + | (W) Window cleaning services; 1938 |
---|
| 2554 | + | (X) [Maintenance services] Services to buildings and dwellings, 1939 |
---|
| 2555 | + | including, but not limited to, maintenance, repair, renovation, exterior 1940 |
---|
| 2556 | + | cleaning, chimney cleaning, driveway cleaning, duct cleaning, drain or 1941 |
---|
| 2557 | + | gutter cleaning, refuse collection, snow plowing and all other such 1942 |
---|
| 2558 | + | services not specifically enumerated herein; 1943 |
---|
| 2559 | + | (Y) Janitorial services; 1944 |
---|
| 2560 | + | (Z) Exterminating and pest control services; 1945 |
---|
| 2561 | + | (AA) Swimming pool cleaning and maintenance services; 1946 |
---|
| 2562 | + | (BB) [Miscellaneous personal services included in industry group 1947 |
---|
| 2563 | + | 729 in the Standard Industrial Classification Manual, United States 1948 |
---|
| 2564 | + | Office of Management and Budget, 1987 edition, or U.S. industry 1949 |
---|
| 2565 | + | 532220, 812191, 812199 or 812990 in] Personal and laundry services 1950 |
---|
| 2566 | + | described in industry group 812 of the North American [Industrial] 1951 |
---|
| 2567 | + | Industry Classification System United States Manual, United States 1952 |
---|
| 2568 | + | Office of Management and Budget (NAICS), [1997] 2017 edition, 1953 |
---|
| 2569 | + | exclusive of [(i) services rendered by massage therapists licensed 1954 |
---|
| 2570 | + | Governor's Bill No. 877 |
---|
| 2571 | + | |
---|
| 2572 | + | |
---|
| 2573 | + | |
---|
| 2574 | + | LCO No. 4566 69 of 138 |
---|
| 2575 | + | |
---|
| 2576 | + | pursuant to chapter 384a, and (ii) services rendered by an electrologist 1955 |
---|
| 2577 | + | licensed pursuant to chapter 388] death care services described in 1956 |
---|
| 2578 | + | industry group 8122 of the NAICS, 2017 edition; 1957 |
---|
| 2579 | + | (CC) Any repair or maintenance service to any item of tangible 1958 |
---|
| 2580 | + | personal property including any contract of warranty or service related 1959 |
---|
| 2581 | + | to any such item; 1960 |
---|
| 2582 | + | (DD) Business analysis, management or managing consulting 1961 |
---|
| 2583 | + | services rendered by a general partner, or an affiliate thereof, to a 1962 |
---|
| 2584 | + | limited partnership, provided (i) the general partner, or an affiliate 1963 |
---|
| 2585 | + | thereof, is compensated for the rendition of such services other than 1964 |
---|
| 2586 | + | through a distributive share of partnership profits or an annual 1965 |
---|
| 2587 | + | percentage of partnership capital or assets established in the limited 1966 |
---|
| 2588 | + | partnership's offering statement, and (ii) the general partner, or an 1967 |
---|
| 2589 | + | affiliate thereof, offers such services to others, including any other 1968 |
---|
| 2590 | + | partnership. As used in this subparagraph "an affiliate of a general 1969 |
---|
| 2591 | + | partner" means an entity which is directly or indirectly owned fifty per 1970 |
---|
| 2592 | + | cent or more in common with a general partner; 1971 |
---|
| 2593 | + | (EE) Notwithstanding the provisions of section 12-412, as amended 1972 |
---|
| 2594 | + | by this act, except subdivision (87) of [said] section 12-412, patient care 1973 |
---|
| 2595 | + | services, as defined in subdivision (29) of this subsection by a hospital, 1974 |
---|
| 2596 | + | except that "sale" and "selling" does not include such patient care 1975 |
---|
| 2597 | + | services for which payment is received by the hospital during the 1976 |
---|
| 2598 | + | period commencing July 1, 2001, and ending June 30, 2003; 1977 |
---|
| 2599 | + | (FF) Health and athletic club services, exclusive of (i) any such 1978 |
---|
| 2600 | + | services provided without any additional charge which are included in 1979 |
---|
| 2601 | + | any dues or initiation fees paid to any such club, which dues or fees 1980 |
---|
| 2602 | + | are subject to tax under section 12-543, and (ii) any such services 1981 |
---|
| 2603 | + | provided by a municipality or an organization that is described in 1982 |
---|
| 2604 | + | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 1983 |
---|
| 2605 | + | corresponding internal revenue code of the United States, as from time 1984 |
---|
| 2606 | + | to time amended; 1985 |
---|
| 2607 | + | Governor's Bill No. 877 |
---|
| 2608 | + | |
---|
| 2609 | + | |
---|
| 2610 | + | |
---|
| 2611 | + | LCO No. 4566 70 of 138 |
---|
| 2612 | + | |
---|
| 2613 | + | (GG) Motor vehicle storage services, including storage of motor 1986 |
---|
| 2614 | + | homes, campers and camp trailers, other than the furnishing of space 1987 |
---|
| 2615 | + | as described in subparagraph (P) of subdivision (2) of this subsection; 1988 |
---|
| 2616 | + | (HH) Packing and crating services, other than those provided in 1989 |
---|
| 2617 | + | connection with the sale of tangible personal property by the retailer of 1990 |
---|
| 2618 | + | such property; 1991 |
---|
| 2619 | + | (II) Motor vehicle towing and road services, other than motor 1992 |
---|
| 2620 | + | vehicle repair services; 1993 |
---|
| 2621 | + | (JJ) Intrastate transportation services provided by livery services, 1994 |
---|
| 2622 | + | including limousines, community cars or vans, with a driver. Intrastate 1995 |
---|
| 2623 | + | transportation services shall not include transportation by taxicab, 1996 |
---|
| 2624 | + | motor bus, ambulance or ambulette, scheduled public transportation, 1997 |
---|
| 2625 | + | nonemergency medical transportation provided under the Medicaid 1998 |
---|
| 2626 | + | program, paratransit services provided by agreement or arrangement 1999 |
---|
| 2627 | + | with the state or any political subdivision of the state, dial-a-ride 2000 |
---|
| 2628 | + | services or services provided in connection with funerals; 2001 |
---|
| 2629 | + | (KK) [Pet] Animal grooming and [pet] animal boarding services, 2002 |
---|
| 2630 | + | [except if such services are provided as an integral part of professional 2003 |
---|
| 2631 | + | veterinary services,] and pet obedience services; 2004 |
---|
| 2632 | + | (LL) Services in connection with a cosmetic medical procedure. For 2005 |
---|
| 2633 | + | purposes of this subparagraph, "cosmetic medical procedure" means 2006 |
---|
| 2634 | + | any medical procedure performed on an individual that is directed at 2007 |
---|
| 2635 | + | improving the individual's appearance and that does not meaningfully 2008 |
---|
| 2636 | + | promote the proper function of the body or prevent or treat illness or 2009 |
---|
| 2637 | + | disease. "Cosmetic medical procedure" includes, but is not limited to, 2010 |
---|
| 2638 | + | cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft 2011 |
---|
| 2639 | + | tissue fillers, dermabrasion and chemical peel, laser hair removal, laser 2012 |
---|
| 2640 | + | skin resurfacing, laser treatment of leg veins and sclerotherapy. 2013 |
---|
| 2641 | + | "Cosmetic medical procedure" does not include reconstructive surgery. 2014 |
---|
| 2642 | + | "Reconstructive surgery" includes any surgery performed on abnormal 2015 |
---|
| 2643 | + | structures caused by or related to congenital defects, developmental 2016 |
---|
| 2644 | + | Governor's Bill No. 877 |
---|
| 2645 | + | |
---|
| 2646 | + | |
---|
| 2647 | + | |
---|
| 2648 | + | LCO No. 4566 71 of 138 |
---|
| 2649 | + | |
---|
| 2650 | + | abnormalities, trauma, infection, tumors or disease, including 2017 |
---|
| 2651 | + | procedures to improve function or give a more normal appearance; 2018 |
---|
| 2652 | + | (MM) Manicure services, pedicure services and all other nail 2019 |
---|
| 2653 | + | services, regardless of where performed, including airbrushing, fills, 2020 |
---|
| 2654 | + | full sets, nail sculpting, paraffin treatments and polishes; 2021 |
---|
| 2655 | + | (NN) Spa services, regardless of where performed, including body 2022 |
---|
| 2656 | + | waxing and wraps, peels, scrubs and facials; [and] 2023 |
---|
| 2657 | + | (OO) Car wash services, including coin-operated car washes; [.] 2024 |
---|
| 2658 | + | (PP) Scenic and sightseeing transportation services described in 2025 |
---|
| 2659 | + | industry group 487 of the NAICS, 2017 edition, as amended from time 2026 |
---|
| 2660 | + | to time; 2027 |
---|
| 2661 | + | (QQ) Real estate agent and broker services described in industry 2028 |
---|
| 2662 | + | group 5312 and services for activities related to real estate described in 2029 |
---|
| 2663 | + | industry group 5313 of the NAICS, 2017 edition, as amended from 2030 |
---|
| 2664 | + | time to time; 2031 |
---|
| 2665 | + | (RR) Travel arrangement and reservation services described in 2032 |
---|
| 2666 | + | industry group 5615 of the NAICS, 2017 edition, as amended from 2033 |
---|
| 2667 | + | time to time; 2034 |
---|
| 2668 | + | (SS) Legal services described in industry group 5411 of the NAICS, 2035 |
---|
| 2669 | + | 2017 edition, as amended from time to time; 2036 |
---|
| 2670 | + | (TT) Accounting services described in industry group 541211 and 2037 |
---|
| 2671 | + | tax return preparation services described in industry group 541213 of 2038 |
---|
| 2672 | + | the NAICS, 2017 edition, as amended from time to time; 2039 |
---|
| 2673 | + | (UU) Architectural services described in industry group 54131 of the 2040 |
---|
| 2674 | + | NAICS, 2017 edition, as amended from time to time; 2041 |
---|
| 2675 | + | (VV) Engineering services described in industry group 54133 of the 2042 |
---|
| 2676 | + | NAICS, 2017 edition, as amended from time to time; 2043 |
---|
| 2677 | + | Governor's Bill No. 877 |
---|
| 2678 | + | |
---|
| 2679 | + | |
---|
| 2680 | + | |
---|
| 2681 | + | LCO No. 4566 72 of 138 |
---|
| 2682 | + | |
---|
| 2683 | + | (WW) Interior design services described in industry group 54141 of 2044 |
---|
| 2684 | + | the NAICS, 2017 edition, as amended from time to time; 2045 |
---|
| 2685 | + | (XX) Veterinary services described in industry group 54194 of the 2046 |
---|
| 2686 | + | NAICS, 2017 edition, as amended from time to time; 2047 |
---|
| 2687 | + | (YY) Sports and recreation instruction services described in industry 2048 |
---|
| 2688 | + | group 61162 of the NAICS, 2017 edition, as amended from time to 2049 |
---|
| 2689 | + | time; 2050 |
---|
| 2690 | + | (ZZ) Services provided by amusement and recreat ion 2051 |
---|
| 2691 | + | establishments described in industry group 7139 of the NAICS, 2017 2052 |
---|
| 2692 | + | edition, as amended from time to time; and 2053 |
---|
| 2693 | + | (AAA) Waste management and remediation services provided by 2054 |
---|
| 2694 | + | establishments described in industry group 5621 of the NAICS, 2017 2055 |
---|
| 2695 | + | edition, as amended from time to time. 2056 |
---|
| 2696 | + | Sec. 23. Subparagraph (H) of subdivision (2) of subsection (a) of 2057 |
---|
| 2697 | + | section 12-407 of the general statutes is repealed and the following is 2058 |
---|
| 2698 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 2059 |
---|
| 2699 | + | sales occurring on or after January 1, 2020): 2060 |
---|
| 2700 | + | (H) A transfer for a consideration of the occupancy of any room or 2061 |
---|
| 2701 | + | rooms in a hotel, lodging house or bed and breakfast establishment or 2062 |
---|
| 2702 | + | of any space in a campground, for a period of thirty consecutive 2063 |
---|
| 2703 | + | calendar days or less; 2064 |
---|
| 2704 | + | Sec. 24. Subparagraph (A) of subdivision (3) of subsection (a) of 2065 |
---|
| 2705 | + | section 12-407 of the general statutes is repealed and the following is 2066 |
---|
| 2706 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 2067 |
---|
| 2707 | + | sales occurring on or after January 1, 2020): 2068 |
---|
| 2708 | + | (3) (A) "Retail sale" or "sale at retail" means and includes a sale for 2069 |
---|
| 2709 | + | any purpose other than resale in the regular course of business of (i) 2070 |
---|
| 2710 | + | tangible personal property, [or] (ii) a transfer for a consideration of the 2071 |
---|
| 2711 | + | occupancy of (I) any room or rooms in a hotel, lodging house or bed 2072 |
---|
| 2712 | + | Governor's Bill No. 877 |
---|
| 2713 | + | |
---|
| 2714 | + | |
---|
| 2715 | + | |
---|
| 2716 | + | LCO No. 4566 73 of 138 |
---|
| 2717 | + | |
---|
| 2718 | + | and breakfast establishment for a period of thirty consecutive calendar 2073 |
---|
| 2719 | + | days or less, or (II) any space in a campground for a period of thirty 2074 |
---|
| 2720 | + | consecutive calendar days or less, or (iii) the rendering of any service 2075 |
---|
| 2721 | + | described in subdivision (2) of this subsection. The delivery in this 2076 |
---|
| 2722 | + | state of tangible personal property by an owner or former owner 2077 |
---|
| 2723 | + | thereof or by a factor, if the delivery is to a consumer pursuant to a 2078 |
---|
| 2724 | + | retail sale made by a retailer not engaged in business in this state, is a 2079 |
---|
| 2725 | + | retail sale in this state by the person making the delivery. Such person 2080 |
---|
| 2726 | + | shall include the retail selling price of the property in such person's 2081 |
---|
| 2727 | + | gross receipts. 2082 |
---|
| 2728 | + | Sec. 25. Subdivision (7) of subsection (a) of section 12-407 of the 2083 |
---|
| 2729 | + | general statutes is repealed and the following is substituted in lieu 2084 |
---|
| 2730 | + | thereof (Effective January 1, 2020, and applicable to sales occurring on or 2085 |
---|
| 2731 | + | after January 1, 2020): 2086 |
---|
| 2732 | + | (7) "Purchase" and "purchasing" means and includes: (A) Any 2087 |
---|
| 2733 | + | transfer, exchange or barter, conditional or otherwise, in any manner 2088 |
---|
| 2734 | + | or by any means whatsoever, of (i) tangible personal property for a 2089 |
---|
| 2735 | + | consideration, or (ii) of the occupancy of any room or rooms in a hotel, 2090 |
---|
| 2736 | + | lodging house or bed and breakfast establishment for a period of thirty 2091 |
---|
| 2737 | + | consecutive calendar days or less for a consideration or of any space in 2092 |
---|
| 2738 | + | a campground for a period of thirty consecutive calendar days or less 2093 |
---|
| 2739 | + | for a consideration; (B) a transaction whereby the possession of 2094 |
---|
| 2740 | + | property is transferred but the seller retains the title as security for the 2095 |
---|
| 2741 | + | payment of the price; (C) a transfer for a consideration of tangible 2096 |
---|
| 2742 | + | personal property which has been produced, fabricated or printed to 2097 |
---|
| 2743 | + | the special order of the customer, or of any publication; (D) when 2098 |
---|
| 2744 | + | performed outside this state or when the customer gives a resale 2099 |
---|
| 2745 | + | certificate pursuant to section 12-410, the producing, fabricating, 2100 |
---|
| 2746 | + | processing, printing or imprinting of tangible personal property for a 2101 |
---|
| 2747 | + | consideration for consumers who furnish either directly or indirectly 2102 |
---|
| 2748 | + | the materials used in the producing, fabricating, processing, printing 2103 |
---|
| 2749 | + | or imprinting; (E) the acceptance or receipt of any service described in 2104 |
---|
| 2750 | + | any of the subparagraphs of subdivision (2) of this subsection; (F) any 2105 |
---|
| 2751 | + | Governor's Bill No. 877 |
---|
| 2752 | + | |
---|
| 2753 | + | |
---|
| 2754 | + | |
---|
| 2755 | + | LCO No. 4566 74 of 138 |
---|
| 2756 | + | |
---|
| 2757 | + | leasing or rental of tangible personal property. Wherever in this 2106 |
---|
| 2758 | + | chapter reference is made to the purchase or purchasing of tangible 2107 |
---|
| 2759 | + | personal property, it shall be construed to include purchases as 2108 |
---|
| 2760 | + | described in this subsection. 2109 |
---|
| 2761 | + | Sec. 26. Subparagraph (A) of subdivision (8) of subsection (a) of 2110 |
---|
| 2762 | + | section 12-407 of the general statutes is repealed and the following is 2111 |
---|
| 2763 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 2112 |
---|
| 2764 | + | sales occurring on or after January 1, 2020): 2113 |
---|
| 2765 | + | (8) (A) "Sales price" means the total amount for which tangible 2114 |
---|
| 2766 | + | personal property is sold by a retailer, the total amount of rent for 2115 |
---|
| 2767 | + | which occupancy of a room or of a space in a campground is 2116 |
---|
| 2768 | + | transferred by an operator, the total amount for which any service 2117 |
---|
| 2769 | + | described in subdivision (2) of this subsection is rendered by a retailer 2118 |
---|
| 2770 | + | or the total amount of payment or periodic payments for which 2119 |
---|
| 2771 | + | tangible personal property is leased by a retailer, valued in money, 2120 |
---|
| 2772 | + | whether paid in money or otherwise, which amount is due and owing 2121 |
---|
| 2773 | + | to the retailer or operator and, subject to the provisions of subdivision 2122 |
---|
| 2774 | + | (1) of section 12-408, as amended by this act, whether or not actually 2123 |
---|
| 2775 | + | received by the retailer or operator, without any deduction on account 2124 |
---|
| 2776 | + | of any of the following: (i) The cost of the property sold; (ii) the cost of 2125 |
---|
| 2777 | + | materials used, labor or service cost, interest charged, losses or any 2126 |
---|
| 2778 | + | other expenses; (iii) for any sale occurring on or after July 1, 1993, any 2127 |
---|
| 2779 | + | charges by the retailer to the purchaser for shipping or delivery, 2128 |
---|
| 2780 | + | notwithstanding whether such charges are separately stated in a 2129 |
---|
| 2781 | + | written contract, or on a bill or invoice rendered to such purchaser or 2130 |
---|
| 2782 | + | whether such shipping or delivery is provided by the retailer or a third 2131 |
---|
| 2783 | + | party. The provisions of subparagraph (A) (iii) of this subdivision shall 2132 |
---|
| 2784 | + | not apply to any item exempt from taxation pursuant to section 12-412, 2133 |
---|
| 2785 | + | as amended by this act. Such total amount includes any services that 2134 |
---|
| 2786 | + | are a part of the sale; except as otherwise provided in subparagraph 2135 |
---|
| 2787 | + | (B)(v) or (B)(vi) of this subdivision, any amount for which credit is 2136 |
---|
| 2788 | + | given to the purchaser by the retailer, and all compensation and all 2137 |
---|
| 2789 | + | employment-related expenses, whether or not separately stated, paid 2138 |
---|
| 2790 | + | Governor's Bill No. 877 |
---|
| 2791 | + | |
---|
| 2792 | + | |
---|
| 2793 | + | |
---|
| 2794 | + | LCO No. 4566 75 of 138 |
---|
| 2795 | + | |
---|
| 2796 | + | to or on behalf of employees of a retailer of any service described in 2139 |
---|
| 2797 | + | subdivision (2) of this subsection. 2140 |
---|
| 2798 | + | Sec. 27. Subparagraph (A) of subdivision (9) of subsection (a) of 2141 |
---|
| 2799 | + | section 12-407 of the general statutes is repealed and the following is 2142 |
---|
| 2800 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 2143 |
---|
| 2801 | + | sales occurring on or after January 1, 2020): 2144 |
---|
| 2802 | + | (9) (A) "Gross receipts" means the total amount of the sales price 2145 |
---|
| 2803 | + | from retail sales of tangible personal property by a retailer, the total 2146 |
---|
| 2804 | + | amount of the rent from transfers of occupancy of rooms or of space in 2147 |
---|
| 2805 | + | a campground by an operator, the total amount of the sales price from 2148 |
---|
| 2806 | + | retail sales of any service described in subdivision (2) of this subsection 2149 |
---|
| 2807 | + | by a retailer of services, or the total amount of payment or periodic 2150 |
---|
| 2808 | + | payments from leases or rentals of tangible personal property by a 2151 |
---|
| 2809 | + | retailer, valued in money, whether received in money or otherwise, 2152 |
---|
| 2810 | + | which amount is due and owing to the retailer or operator and, subject 2153 |
---|
| 2811 | + | to the provisions of subdivision (1) of section 12-408, as amended by 2154 |
---|
| 2812 | + | this act, whether or not actually received by the retailer or operator, 2155 |
---|
| 2813 | + | without any deduction on account of any of the following: (i) The cost 2156 |
---|
| 2814 | + | of the property sold; however, in accordance with such regulations as 2157 |
---|
| 2815 | + | the Commissioner of Revenue Services may prescribe, a deduction 2158 |
---|
| 2816 | + | may be taken if the retailer has purchased property for some other 2159 |
---|
| 2817 | + | purpose than resale, has reimbursed the retailer's vendor for tax which 2160 |
---|
| 2818 | + | the vendor is required to pay to the state or has paid the use tax with 2161 |
---|
| 2819 | + | respect to the property, and has resold the property prior to making 2162 |
---|
| 2820 | + | any use of the property other than retention, demonstration or display 2163 |
---|
| 2821 | + | while holding it for sale in the regular course of business. If such a 2164 |
---|
| 2822 | + | deduction is taken by the retailer, no refund or credit will be allowed 2165 |
---|
| 2823 | + | to the retailer's vendor with respect to the sale of the property; (ii) the 2166 |
---|
| 2824 | + | cost of the materials used, labor or service cost, interest paid, losses or 2167 |
---|
| 2825 | + | any other expense; (iii) for any sale occurring on or after July 1, 1993, 2168 |
---|
| 2826 | + | except for any item exempt from taxation pursuant to section 12-412, 2169 |
---|
| 2827 | + | as amended by this act, any charges by the retailer to the purchaser for 2170 |
---|
| 2828 | + | shipping or delivery, notwithstanding whether such charges are 2171 |
---|
| 2829 | + | Governor's Bill No. 877 |
---|
| 2830 | + | |
---|
| 2831 | + | |
---|
| 2832 | + | |
---|
| 2833 | + | LCO No. 4566 76 of 138 |
---|
| 2834 | + | |
---|
| 2835 | + | separately stated in the written contract, or on a bill or invoice 2172 |
---|
| 2836 | + | rendered to such purchaser or whether such shipping or delivery is 2173 |
---|
| 2837 | + | provided by the retailer or a third party. The total amount of the sales 2174 |
---|
| 2838 | + | price includes any services that are a part of the sale; all receipts, cash, 2175 |
---|
| 2839 | + | credits and property of any kind; except as otherwise provided in 2176 |
---|
| 2840 | + | subparagraph (B)(v) or (B)(vi) of this subdivision, any amount for 2177 |
---|
| 2841 | + | which credit is allowed by the retailer to the purchaser; and all 2178 |
---|
| 2842 | + | compensation and all employment-related expenses, whether or not 2179 |
---|
| 2843 | + | separately stated, paid to or on behalf of employees of a retailer of any 2180 |
---|
| 2844 | + | service described in subdivision (2) of this subsection. 2181 |
---|
| 2845 | + | Sec. 28. Subparagraph (A) of subdivision (15) of subsection (a) of 2182 |
---|
| 2846 | + | section 12-407 of the general statutes is repealed and the following is 2183 |
---|
| 2847 | + | substituted in lieu thereof (Effective January 1, 2020, and applicable to 2184 |
---|
| 2848 | + | sales occurring on or after January 1, 2020): 2185 |
---|
| 2849 | + | (15) (A) "Engaged in business in the state" means and, to the extent 2186 |
---|
| 2850 | + | not prohibited by the Constitution of the United States, includes, but 2187 |
---|
| 2851 | + | shall not be limited to, the following acts or methods of transacting 2188 |
---|
| 2852 | + | business: (i) Selling in this state, or any activity in this state in 2189 |
---|
| 2853 | + | connection with selling in this state, tangible personal property for use, 2190 |
---|
| 2854 | + | storage or consumption within the state; (ii) engaging in the transfer 2191 |
---|
| 2855 | + | for a consideration of the occupancy of (I) any room or rooms in a 2192 |
---|
| 2856 | + | hotel, lodging house or bed and breakfast establishment for a period of 2193 |
---|
| 2857 | + | thirty consecutive calendar days or less, or (II) any space in a 2194 |
---|
| 2858 | + | campground for a period of thirty consecutive calendar days or less; 2195 |
---|
| 2859 | + | (iii) rendering in this state any service described in any of the 2196 |
---|
| 2860 | + | subparagraphs of subdivision (2) of this subsection; (iv) maintaining, 2197 |
---|
| 2861 | + | occupying or using, permanently or temporarily, directly or indirectly, 2198 |
---|
| 2862 | + | through a subsidiary or agent, by whatever name called, any office, 2199 |
---|
| 2863 | + | place of distribution, sales or sample room or place, warehouse or 2200 |
---|
| 2864 | + | storage point or other place of business or having any representative, 2201 |
---|
| 2865 | + | agent, salesman, canvasser or solicitor operating in this state for the 2202 |
---|
| 2866 | + | purpose of selling, delivering or taking orders; (v) notwithstanding the 2203 |
---|
| 2867 | + | fact that retail sales are made from outside this state to a destination 2204 |
---|
| 2868 | + | Governor's Bill No. 877 |
---|
| 2869 | + | |
---|
| 2870 | + | |
---|
| 2871 | + | |
---|
| 2872 | + | LCO No. 4566 77 of 138 |
---|
| 2873 | + | |
---|
| 2874 | + | within this state, engaging in regular or systematic solicitation of sales 2205 |
---|
| 2875 | + | of tangible personal property in this state by the display of 2206 |
---|
| 2876 | + | advertisements on billboards or other outdoor advertising in this state, 2207 |
---|
| 2877 | + | by the distribution of catalogs, periodicals, advertising flyers or other 2208 |
---|
| 2878 | + | advertising by means of print, radio or television media, or by mail, 2209 |
---|
| 2879 | + | telegraphy, telephone, computer data base, cable, optic, microwave, 2210 |
---|
| 2880 | + | Internet or other communication system, for the purpose of effecting 2211 |
---|
| 2881 | + | retail sales of tangible personal property, provided at least two 2212 |
---|
| 2882 | + | hundred fifty thousand dollars of gross receipts are received and two 2213 |
---|
| 2883 | + | hundred or more retail sales from outside this state to destinations 2214 |
---|
| 2884 | + | within this state are made during the twelve-month period ended on 2215 |
---|
| 2885 | + | the September thirtieth immediately preceding the monthly or 2216 |
---|
| 2886 | + | quarterly period with respect to which liability for tax under this 2217 |
---|
| 2887 | + | chapter is determined; (vi) being owned or controlled, either directly 2218 |
---|
| 2888 | + | or indirectly, by a retailer engaged in business in this state which is the 2219 |
---|
| 2889 | + | same as or similar to the line of business in which the retailer so owned 2220 |
---|
| 2890 | + | or controlled is engaged; (vii) being owned or controlled, either 2221 |
---|
| 2891 | + | directly or indirectly, by the same interests that own or control, either 2222 |
---|
| 2892 | + | directly or indirectly, a retailer engaged in business in this state which 2223 |
---|
| 2893 | + | is the same as or similar to the line of business in which the retailer so 2224 |
---|
| 2894 | + | owned or controlled is engaged; (viii) being the assignee of a person 2225 |
---|
| 2895 | + | engaged in the business of leasing tangible personal property to others, 2226 |
---|
| 2896 | + | where leased property of such person is situated within this state and 2227 |
---|
| 2897 | + | such assignee has a security interest, as defined in subdivision (35) of 2228 |
---|
| 2898 | + | subsection (b) of section 42a-1-201, in such property; (ix) 2229 |
---|
| 2899 | + | notwithstanding the fact that retail sales of items of tangible personal 2230 |
---|
| 2900 | + | property are made from outside this state to a destination within this 2231 |
---|
| 2901 | + | state, repairing or servicing such items, under a warranty, in this state, 2232 |
---|
| 2902 | + | either directly or indirectly through an agent, independent contractor 2233 |
---|
| 2903 | + | or subsidiary; and (x) selling tangible personal property or services 2234 |
---|
| 2904 | + | through an agreement with a person located in this state, under which 2235 |
---|
| 2905 | + | such person located in this state, for a commission or other 2236 |
---|
| 2906 | + | consideration that is based upon the sale of tangible personal property 2237 |
---|
| 2907 | + | or services by the retailer, directly or indirectly refers potential 2238 |
---|
| 2908 | + | Governor's Bill No. 877 |
---|
| 2909 | + | |
---|
| 2910 | + | |
---|
| 2911 | + | |
---|
| 2912 | + | LCO No. 4566 78 of 138 |
---|
| 2913 | + | |
---|
| 2914 | + | customers, whether by a link on an Internet web site or otherwise, to 2239 |
---|
| 2915 | + | the retailer, provided the cumulative gross receipts from sales by the 2240 |
---|
| 2916 | + | retailer to customers in the state who are referred to the retailer by all 2241 |
---|
| 2917 | + | such persons with this type of agreement with the retailer is in excess 2242 |
---|
| 2918 | + | of two hundred fifty thousand dollars during the four preceding four 2243 |
---|
| 2919 | + | quarterly periods ending on the last day of March, June, September 2244 |
---|
| 2920 | + | and December. 2245 |
---|
| 2921 | + | Sec. 29. Subdivisions (18) and (19) of subsection (a) of section 12-407 2246 |
---|
| 2922 | + | of the general statutes are repealed and the following is substituted in 2247 |
---|
| 2923 | + | lieu thereof (Effective January 1, 2020, and applicable to sales occurring on 2248 |
---|
| 2924 | + | or after January 1, 2020): 2249 |
---|
| 2925 | + | (18) "Operator" means any person operating a hotel, lodging house, 2250 |
---|
| 2926 | + | [or] bed and breakfast establishment or campground in the state, 2251 |
---|
| 2927 | + | including, but not limited to, the owner or proprietor of such premises, 2252 |
---|
| 2928 | + | lessee, sublessee, mortgagee in possession, licensee or any other person 2253 |
---|
| 2929 | + | otherwise operating such hotel, lodging house, [or] bed and breakfast 2254 |
---|
| 2930 | + | establishment or campground. 2255 |
---|
| 2931 | + | (19) "Occupancy" means the use or possession, or the right to the 2256 |
---|
| 2932 | + | use or possession, of any room or rooms in a hotel, lodging house or 2257 |
---|
| 2933 | + | bed and breakfast establishment or of any space in a campground, or 2258 |
---|
| 2934 | + | the right to the use or possession of the furnishings or the services and 2259 |
---|
| 2935 | + | accommodations accompanying the use and possession of such room 2260 |
---|
| 2936 | + | or rooms or such space, for the first period of not more than thirty 2261 |
---|
| 2937 | + | consecutive calendar days. 2262 |
---|
| 2938 | + | Sec. 30. Subdivision (120) of section 12-412 of the general statutes is 2263 |
---|
| 2939 | + | repealed and the following is substituted in lieu thereof (Effective 2264 |
---|
| 2940 | + | January 1, 2020, and applicable to sales occurring on or after January 1, 2265 |
---|
| 2941 | + | 2020): 2266 |
---|
| 2942 | + | (120) [On and after April 1, 2015, sales of the following 2267 |
---|
| 2943 | + | nonprescription drugs or medicines available for purchase for use in or 2268 |
---|
| 2944 | + | on the body: Vitamin or mineral concentrates; dietary supplements; 2269 |
---|
| 2945 | + | Governor's Bill No. 877 |
---|
| 2946 | + | |
---|
| 2947 | + | |
---|
| 2948 | + | |
---|
| 2949 | + | LCO No. 4566 79 of 138 |
---|
| 2950 | + | |
---|
| 2951 | + | natural or herbal drugs or medicines; products intended to be taken for 2270 |
---|
| 2952 | + | coughs, cold, asthma or allergies, or antihistamines; laxatives; 2271 |
---|
| 2953 | + | antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 2272 |
---|
| 2954 | + | and antifungal medicines; antiseptics; astringents; anesthetics; 2273 |
---|
| 2955 | + | steroidal medicines; anthelmintics; emetics and antiemetics; antacids; 2274 |
---|
| 2956 | + | and any medication prepared to be used in the eyes, ears or nose. 2275 |
---|
| 2957 | + | Nonprescription drugs or medicines shall not include cosmetics, 2276 |
---|
| 2958 | + | dentrifrices, mouthwash, shaving and hair care products, soaps or 2277 |
---|
| 2959 | + | deodorants.] Sales of marijuana sold pursuant to chapter 420f by a 2278 |
---|
| 2960 | + | licensed dispensary for palliative use. 2279 |
---|
| 2961 | + | Sec. 31. Subdivision (123) of section 12-412 of the general statutes is 2280 |
---|
| 2962 | + | repealed and the following is substituted in lieu thereof (Effective 2281 |
---|
| 2963 | + | January 1, 2020, and applicable to sales occurring on or after January 1, 2282 |
---|
| 2964 | + | 2020): 2283 |
---|
| 2965 | + | (123) Sales of disposable or reusable diapers, but not including 2284 |
---|
| 2966 | + | diaper cleaning services. 2285 |
---|
| 2967 | + | Sec. 32. Section 12-412 of the general statutes is amended by adding 2286 |
---|
| 2968 | + | subdivision (124) as follows (Effective January 1, 2020, and applicable to 2287 |
---|
| 2969 | + | sales occurring on or after January 1, 2020): 2288 |
---|
| 2970 | + | (NEW) (124) (A) Sales of services set forth in subparagraphs (QQ) to 2289 |
---|
| 2971 | + | (XX), inclusive, and subparagraph (AAA) of subdivision (37) of 2290 |
---|
| 2972 | + | subsection (a) of section 12-407, as amended by this act, that are 2291 |
---|
| 2973 | + | purchased by a business for use by such business. 2292 |
---|
| 2974 | + | (B) Each purchaser of services exempt pursuant to the provisions of 2293 |
---|
| 2975 | + | this subdivision shall present, in order to qualify for such exemption, a 2294 |
---|
| 2976 | + | certificate to the retailer, in such form as the commissioner may 2295 |
---|
| 2977 | + | prescribe, certifying that the purchaser is a business and is purchasing 2296 |
---|
| 2978 | + | such services for its business. The purchaser of the services shall be 2297 |
---|
| 2979 | + | liable for the tax otherwise imposed if the certificate is improperly 2298 |
---|
| 2980 | + | provided to the retailer, and any person who wilfully delivers a 2299 |
---|
| 2981 | + | certificate that is known to be fraudulent or false in any material 2300 |
---|
| 2982 | + | Governor's Bill No. 877 |
---|
| 2983 | + | |
---|
| 2984 | + | |
---|
| 2985 | + | |
---|
| 2986 | + | LCO No. 4566 80 of 138 |
---|
| 2987 | + | |
---|
| 2988 | + | matter to a retailer shall, in addition to any other penalty provided by 2301 |
---|
| 2989 | + | law, be guilty of a class D felony. 2302 |
---|
| 2990 | + | Sec. 33. Subdivision (4) of section 12-430 of the general statutes is 2303 |
---|
| 2991 | + | repealed and the following is substituted in lieu thereof (Effective July 2304 |
---|
| 2992 | + | 1, 2019, and applicable to sales occurring on or after July 1, 2019): 2305 |
---|
| 2993 | + | (4) [Where] For sales occurring prior to July 1, 2019, where a trade-2306 |
---|
| 2994 | + | in of a motor vehicle is received by a motor vehicle dealer, upon the 2307 |
---|
| 2995 | + | sale of another motor vehicle to a consumer, or where a trade-in of an 2308 |
---|
| 2996 | + | aircraft, as defined in subdivision (5) of section 15-34, is received by an 2309 |
---|
| 2997 | + | aircraft dealer, upon the sale of another aircraft to a consumer, or 2310 |
---|
| 2998 | + | where a trade-in of a farm tractor, snowmobile or any vessel, as 2311 |
---|
| 2999 | + | defined in section 15-127, is received by a retailer of farm tractors, 2312 |
---|
| 3000 | + | snowmobiles or such vessels upon the sale of another farm tractor, 2313 |
---|
| 3001 | + | snowmobile or such vessel to a consumer, the tax is only on the 2314 |
---|
| 3002 | + | difference between the sale price of the motor vehicle, aircraft, 2315 |
---|
| 3003 | + | snowmobile, farm tractor or such vessel purchased and the amount 2316 |
---|
| 3004 | + | allowed on the motor vehicle, aircraft, snowmobile, farm tractor or 2317 |
---|
| 3005 | + | such vessel traded in on such purchase. When any such motor vehicle, 2318 |
---|
| 3006 | + | aircraft, snowmobile, farm tractor or such vessel traded in is 2319 |
---|
| 3007 | + | subsequently sold to a consumer or user, the tax provided for in this 2320 |
---|
| 3008 | + | chapter applies. 2321 |
---|
| 3009 | + | Sec. 34. Section 4-66o of the general statutes is repealed and the 2322 |
---|
| 3010 | + | following is substituted in lieu thereof (Effective July 1, 2019): 2323 |
---|
| 3011 | + | The Secretary of the Office of Policy and Management may establish 2324 |
---|
| 3012 | + | receivables for the revenue anticipated pursuant to [subparagraph (K) 2325 |
---|
| 3013 | + | of subdivision (1) of section 12-408 and] section 4-66l. 2326 |
---|
| 3014 | + | Sec. 35. Section 12-263p of the general statutes is repealed and the 2327 |
---|
| 3015 | + | following is substituted in lieu thereof (Effective from passage): 2328 |
---|
| 3016 | + | As used in sections 12-263p to 12-263x, inclusive, unless the context 2329 |
---|
| 3017 | + | otherwise requires: 2330 |
---|
| 3018 | + | Governor's Bill No. 877 |
---|
| 3019 | + | |
---|
| 3020 | + | |
---|
| 3021 | + | |
---|
| 3022 | + | LCO No. 4566 81 of 138 |
---|
| 3023 | + | |
---|
| 3024 | + | (1) "Commissioner" means the Commissioner of Revenue Services; 2331 |
---|
| 3025 | + | (2) "Department" means the Department of Revenue Services; 2332 |
---|
| 3026 | + | (3) "Taxpayer" means any health care provider subject to any tax or 2333 |
---|
| 3027 | + | fee under section 12-263q, as amended by this act, or 12-263r, as 2334 |
---|
| 3028 | + | amended by this act; 2335 |
---|
| 3029 | + | (4) "Health care provider" means an individual or entity that 2336 |
---|
| 3030 | + | receives any payment or payments for health care items or services 2337 |
---|
| 3031 | + | provided; 2338 |
---|
| 3032 | + | (5) "Gross receipts" means the amount received, whether in cash or 2339 |
---|
| 3033 | + | in kind, from patients, third-party payers and others for taxable health 2340 |
---|
| 3034 | + | care items or services provided by the taxpayer in the state, including 2341 |
---|
| 3035 | + | retroactive adjustments under reimbursement agreements with third-2342 |
---|
| 3036 | + | party payers, without any deduction for any expenses of any kind; 2343 |
---|
| 3037 | + | (6) "Net revenue" means gross receipts less payer discounts, charity 2344 |
---|
| 3038 | + | care and bad debts, to the extent the taxpayer previously paid tax 2345 |
---|
| 3039 | + | under section 12-263q, as amended by this act, on the amount of such 2346 |
---|
| 3040 | + | bad debts; 2347 |
---|
| 3041 | + | (7) "Payer discounts" means the difference between a health care 2348 |
---|
| 3042 | + | provider's published charges and the payments received by the health 2349 |
---|
| 3043 | + | care provider from one or more health care payers for a rate or method 2350 |
---|
| 3044 | + | of payment that is different than or discounted from such published 2351 |
---|
| 3045 | + | charges. "Payer discounts" does not include charity care or bad debts; 2352 |
---|
| 3046 | + | (8) "Charity care" means free or discounted health care services 2353 |
---|
| 3047 | + | rendered by a health care provider to an individual who cannot afford 2354 |
---|
| 3048 | + | to pay for such services, including, but not limited to, health care 2355 |
---|
| 3049 | + | services provided to an uninsured patient who is not expected to pay 2356 |
---|
| 3050 | + | all or part of a health care provider's bill based on income guidelines 2357 |
---|
| 3051 | + | and other financial criteria set forth in the general statutes or in a 2358 |
---|
| 3052 | + | health care provider's charity care policies on file at the office of such 2359 |
---|
| 3053 | + | Governor's Bill No. 877 |
---|
| 3054 | + | |
---|
| 3055 | + | |
---|
| 3056 | + | |
---|
| 3057 | + | LCO No. 4566 82 of 138 |
---|
| 3058 | + | |
---|
| 3059 | + | provider. "Charity care" does not include bad debts or payer discounts; 2360 |
---|
| 3060 | + | (9) "Received" means "received" or "accrued", construed according 2361 |
---|
| 3061 | + | to the method of accounting customarily employed by the taxpayer; 2362 |
---|
| 3062 | + | (10) "Hospital" means any health care facility, as defined in section 2363 |
---|
| 3063 | + | 19a-630, that (A) is licensed by the Department of Public Health as a 2364 |
---|
| 3064 | + | short-term general hospital; (B) is maintained primarily for the care 2365 |
---|
| 3065 | + | and treatment of patients with disorders other than mental diseases; 2366 |
---|
| 3066 | + | (C) meets the requirements for participation in Medicare as a hospital; 2367 |
---|
| 3067 | + | and (D) has in effect a utilization review plan, applicable to all 2368 |
---|
| 3068 | + | Medicaid patients, that meets the requirements of 42 CFR 482.30, as 2369 |
---|
| 3069 | + | amended from time to time, unless a waiver has been granted by the 2370 |
---|
| 3070 | + | Secretary of the United States Department of Health and Human 2371 |
---|
| 3071 | + | Services; 2372 |
---|
| 3072 | + | (11) "Inpatient hospital services" means, in accordance with federal 2373 |
---|
| 3073 | + | law, all services that are (A) ordinarily furnished in a hospital for the 2374 |
---|
| 3074 | + | care and treatment of inpatients; (B) furnished under the direction of a 2375 |
---|
| 3075 | + | physician or dentist; and (C) furnished in a hospital. "Inpatient 2376 |
---|
| 3076 | + | hospital services" does not include skilled nursing facility services and 2377 |
---|
| 3077 | + | intermediate care facility services furnished by a hospital with swing 2378 |
---|
| 3078 | + | bed approval; 2379 |
---|
| 3079 | + | (12) "Inpatient" means a patient who has been admitted to a medical 2380 |
---|
| 3080 | + | institution as an inpatient on the recommendation of a physician or 2381 |
---|
| 3081 | + | dentist and who (A) receives room, board and professional services in 2382 |
---|
| 3082 | + | the institution for a twenty-four-hour period or longer, or (B) is 2383 |
---|
| 3083 | + | expected by the institution to receive room, board and professional 2384 |
---|
| 3084 | + | services in the institution for a twenty-four-hour period or longer, even 2385 |
---|
| 3085 | + | if the patient does not actually stay in the institution for a twenty-four-2386 |
---|
| 3086 | + | hour period or longer; 2387 |
---|
| 3087 | + | (13) "Outpatient hospital services" means, in accordance with 2388 |
---|
| 3088 | + | federal law, preventive, diagnostic, therapeutic, rehabilitative or 2389 |
---|
| 3089 | + | palliative services that are (A) furnished to an outpatient; (B) furnished 2390 |
---|
| 3090 | + | Governor's Bill No. 877 |
---|
| 3091 | + | |
---|
| 3092 | + | |
---|
| 3093 | + | |
---|
| 3094 | + | LCO No. 4566 83 of 138 |
---|
| 3095 | + | |
---|
| 3096 | + | by or under the direction of a physician or dentist; and (C) furnished 2391 |
---|
| 3097 | + | by a hospital; 2392 |
---|
| 3098 | + | (14) "Outpatient" means a patient of an organized medical facility or 2393 |
---|
| 3099 | + | a distinct part of such facility, who is expected by the facility to receive, 2394 |
---|
| 3100 | + | and who does receive, professional services for less than a twenty-2395 |
---|
| 3101 | + | four-hour period regardless of the hour of admission, whether or not a 2396 |
---|
| 3102 | + | bed is used or the patient remains in the facility past midnight; 2397 |
---|
| 3103 | + | (15) "Nursing home" means any licensed chronic and convalescent 2398 |
---|
| 3104 | + | nursing home or a rest home with nursing supervision; 2399 |
---|
| 3105 | + | (16) "Intermediate care facility for individuals with intellectual 2400 |
---|
| 3106 | + | disabilities" or "intermediate care facility" means a residential facility 2401 |
---|
| 3107 | + | for persons with intellectual disability that is certified to meet the 2402 |
---|
| 3108 | + | requirements of 42 CFR 442, Subpart C, as amended from time to time, 2403 |
---|
| 3109 | + | and, in the case of a private facility, licensed pursuant to section 17a-2404 |
---|
| 3110 | + | 227; 2405 |
---|
| 3111 | + | (17) "Medicare day" means a day of nursing home care service 2406 |
---|
| 3112 | + | provided to an individual who is eligible for payment, in full or with a 2407 |
---|
| 3113 | + | coinsurance requirement, under the federal Medicare program, 2408 |
---|
| 3114 | + | including fee for service and managed care coverage; 2409 |
---|
| 3115 | + | (18) "Nursing home resident day" means a day of nursing home care 2410 |
---|
| 3116 | + | service provided to an individual and includes the day a resident is 2411 |
---|
| 3117 | + | admitted and any day for which the nursing home is eligible for 2412 |
---|
| 3118 | + | payment for reserving a resident's bed due to hospitalization or 2413 |
---|
| 3119 | + | temporary leave and for the date of death. For purposes of this 2414 |
---|
| 3120 | + | subdivision, a day of nursing home care service shall be the period of 2415 |
---|
| 3121 | + | time between the census-taking hour in a nursing home on two 2416 |
---|
| 3122 | + | successive calendar days. "Nursing home resident day" does not 2417 |
---|
| 3123 | + | include a Medicare day or the day a resident is discharged; 2418 |
---|
| 3124 | + | (19) "Intermediate care facility resident day" means a day of 2419 |
---|
| 3125 | + | intermediate care facility residential care provided to an individual 2420 |
---|
| 3126 | + | Governor's Bill No. 877 |
---|
| 3127 | + | |
---|
| 3128 | + | |
---|
| 3129 | + | |
---|
| 3130 | + | LCO No. 4566 84 of 138 |
---|
| 3131 | + | |
---|
| 3132 | + | and includes the day a resident is admitted and any day for which the 2421 |
---|
| 3133 | + | intermediate care facility is eligible for payment for reserving a 2422 |
---|
| 3134 | + | resident's bed due to hospitalization or temporary leave and for the 2423 |
---|
| 3135 | + | date of death. For purposes of this subdivision, a day of intermediate 2424 |
---|
| 3136 | + | care facility residential care shall be the period of time between the 2425 |
---|
| 3137 | + | census-taking hour in a facility on two successive calendar days. 2426 |
---|
| 3138 | + | "Intermediate care facility resident day" does not include the day a 2427 |
---|
| 3139 | + | resident is discharged; 2428 |
---|
| 3140 | + | (20) "Ambulatory surgical center" means any distinct entity that (A) 2429 |
---|
| 3141 | + | operates exclusively for the purpose of providing surgical services to 2430 |
---|
| 3142 | + | patients not requiring hospitalization and in which the expected 2431 |
---|
| 3143 | + | duration of services would not exceed twenty-four hours following an 2432 |
---|
| 3144 | + | admission, (B) has an agreement with the Centers for Medicare and 2433 |
---|
| 3145 | + | Medicaid Services to participate in Medicare as an ambulatory surgical 2434 |
---|
| 3146 | + | center, and (C) meets the general and specific conditions for 2435 |
---|
| 3147 | + | participation in Medicare set forth in 42 CFR Part 416, Subparts B and 2436 |
---|
| 3148 | + | C, as amended from time to time; 2437 |
---|
| 3149 | + | (21) "Ambulatory surgical center services" means, in accordance 2438 |
---|
| 3150 | + | with 42 CFR 433.56(a)(9), as amended from time to time, services for 2439 |
---|
| 3151 | + | which payment is received from any payer that, if such services were 2440 |
---|
| 3152 | + | furnished under the federal Medicare program (A) would be furnished 2441 |
---|
| 3153 | + | in connection with covered surgical procedures performed in an 2442 |
---|
| 3154 | + | ambulatory surgical center as provided in 42 CFR 416.164(a), as 2443 |
---|
| 3155 | + | amended from time to time, and (B) for which payment would be 2444 |
---|
| 3156 | + | included in the ambulatory surgical center payment established under 2445 |
---|
| 3157 | + | 42 CFR 416.171, as amended from time to time, for the covered surgical 2446 |
---|
| 3158 | + | procedure. "Ambulatory surgical center services" includes facility 2447 |
---|
| 3159 | + | services only and does not include surgical procedures, physicians' 2448 |
---|
| 3160 | + | services, anesthetists' services, radiology services, diagnostic services 2449 |
---|
| 3161 | + | or ambulance services, if such procedures or services would be 2450 |
---|
| 3162 | + | reimbursed separately from facility services under 42 CFR 416.164(a), 2451 |
---|
| 3163 | + | as amended from time to time; 2452 |
---|
| 3164 | + | Governor's Bill No. 877 |
---|
| 3165 | + | |
---|
| 3166 | + | |
---|
| 3167 | + | |
---|
| 3168 | + | LCO No. 4566 85 of 138 |
---|
| 3169 | + | |
---|
| 3170 | + | [(20)] (22) "Medicaid" means the program operated by the 2453 |
---|
| 3171 | + | Department of Social Services pursuant to section 17b-260 and 2454 |
---|
| 3172 | + | authorized by Title XIX of the Social Security Act, as amended from 2455 |
---|
| 3173 | + | time to time; and 2456 |
---|
| 3174 | + | [(21)] (23) "Medicare" means the program operated by the Centers 2457 |
---|
| 3175 | + | for Medicare and Medicaid Services in accordance with Title XVIII of 2458 |
---|
| 3176 | + | the Social Security Act, as amended from time to time. 2459 |
---|
| 3177 | + | Sec. 36. Section 12-263q of the general statutes is repealed and the 2460 |
---|
| 3178 | + | following is substituted in lieu thereof (Effective from passage): 2461 |
---|
| 3179 | + | (a) (1) For each calendar quarter commencing on or after July 1, 2462 |
---|
| 3180 | + | 2017, each hospital shall pay a tax on the total net revenue received by 2463 |
---|
| 3181 | + | such hospital for the provision of inpatient hospital services and 2464 |
---|
| 3182 | + | outpatient hospital services. 2465 |
---|
| 3183 | + | (A) On and after July 1, 2017, [and prior to July 1, 2019,] the rate of 2466 |
---|
| 3184 | + | tax for the provision of inpatient hospital services shall be six per cent 2467 |
---|
| 3185 | + | of each hospital's audited net revenue for the fiscal year, [2016] as set 2468 |
---|
| 3186 | + | forth in subparagraph (C) of this subdivision, attributable to inpatient 2469 |
---|
| 3187 | + | hospital services. 2470 |
---|
| 3188 | + | (B) On and after July 1, 2017, [and prior to July 1, 2019,] the rate of 2471 |
---|
| 3189 | + | tax for the provision of outpatient hospital services shall be nine 2472 |
---|
| 3190 | + | hundred million dollars less the total tax imposed on all hospitals for 2473 |
---|
| 3191 | + | the provision of inpatient hospital services, which sum shall be 2474 |
---|
| 3192 | + | divided by the total audited net revenue for the fiscal year, [2016] as 2475 |
---|
| 3193 | + | set forth in subparagraph (C) of this subdivision, attributable to 2476 |
---|
| 3194 | + | outpatient hospital services, of all hospitals that are required to pay 2477 |
---|
| 3195 | + | such tax. 2478 |
---|
| 3196 | + | (C) [On and after July 1, 2019, the rate of tax for the provision of 2479 |
---|
| 3197 | + | inpatient hospital services and outpatient hospital services shall be 2480 |
---|
| 3198 | + | three hundred eighty-four million dollars divided by the total audited 2481 |
---|
| 3199 | + | net revenue for fiscal year 2016, of all hospitals that are required to pay 2482 |
---|
| 3200 | + | Governor's Bill No. 877 |
---|
| 3201 | + | |
---|
| 3202 | + | |
---|
| 3203 | + | |
---|
| 3204 | + | LCO No. 4566 86 of 138 |
---|
| 3205 | + | |
---|
| 3206 | + | such tax.] For the state fiscal years commencing July 1, 2017, and July 2483 |
---|
| 3207 | + | 1, 2018, the fiscal year upon which the tax shall be imposed under 2484 |
---|
| 3208 | + | subparagraphs (A) and (B) of this subdivision shall be fiscal year 2016. 2485 |
---|
| 3209 | + | For the biennium commencing July 1, 2019, and for each biennium 2486 |
---|
| 3210 | + | thereafter, the fiscal year upon which the tax shall be imposed under 2487 |
---|
| 3211 | + | subparagraphs (A) and (B) of this subdivision for each year of the 2488 |
---|
| 3212 | + | biennium shall be the fiscal year occurring three years prior to the first 2489 |
---|
| 3213 | + | state fiscal year of each biennium. 2490 |
---|
| 3214 | + | (D) If a hospital or hospitals subject to the tax imposed under this 2491 |
---|
| 3215 | + | subdivision merge, consolidate or otherwise reorganize, the surviving 2492 |
---|
| 3216 | + | hospital shall assume and be liable for the total tax imposed under this 2493 |
---|
| 3217 | + | subdivision on the merging, consolidating or reorganizing hospitals, 2494 |
---|
| 3218 | + | including any outstanding liabilities from periods prior to such 2495 |
---|
| 3219 | + | merger, consolidation or reorganization. If a hospital ceases to operate 2496 |
---|
| 3220 | + | as a hospital for any reason other than a merger, consolidation or 2497 |
---|
| 3221 | + | reorganization, or ceases for any reason to be subject to the tax 2498 |
---|
| 3222 | + | imposed under this subdivision, the amount of tax due from each 2499 |
---|
| 3223 | + | taxpayer under this subdivision shall not be recalculated to take into 2500 |
---|
| 3224 | + | account such occurrence but the total amount of such tax to be 2501 |
---|
| 3225 | + | collected under subparagraphs (A) and (B) of this subdivision shall be 2502 |
---|
| 3226 | + | reduced by the amount of the tax liability imposed on the hospital that 2503 |
---|
| 3227 | + | is no longer subject to the tax. 2504 |
---|
| 3228 | + | (E) (i) If the Commissioner of Social Services determines for any 2505 |
---|
| 3229 | + | fiscal year that the effective rate of tax for the tax imposed on net 2506 |
---|
| 3230 | + | revenue for the provision of inpatient hospital services exceeds the rate 2507 |
---|
| 3231 | + | permitted under the provisions of 42 CFR 433.68(f), as amended from 2508 |
---|
| 3232 | + | time to time, the amount of tax collected that exceeds the permissible 2509 |
---|
| 3233 | + | amount shall be refunded to hospitals, in proportion to the amount of 2510 |
---|
| 3234 | + | net revenue for the provision of inpatient hospital services upon which 2511 |
---|
| 3235 | + | the hospitals were taxed. The effective rate of tax shall be calculated by 2512 |
---|
| 3236 | + | comparing the amount of tax paid by hospitals on net revenue for the 2513 |
---|
| 3237 | + | provision of inpatient hospital services in a state fiscal year with the 2514 |
---|
| 3238 | + | amount of net revenue received by hospitals subject to the tax for the 2515 |
---|
| 3239 | + | Governor's Bill No. 877 |
---|
| 3240 | + | |
---|
| 3241 | + | |
---|
| 3242 | + | |
---|
| 3243 | + | LCO No. 4566 87 of 138 |
---|
| 3244 | + | |
---|
| 3245 | + | provision of inpatient hospital services for the equivalent fiscal year. 2516 |
---|
| 3246 | + | (ii) On or before July 1, 2020, and annually thereafter, each hospital 2517 |
---|
| 3247 | + | subject to the tax imposed under this subdivision shall report to the 2518 |
---|
| 3248 | + | Commissioner of Social Services, in the manner prescribed by and on 2519 |
---|
| 3249 | + | forms provided by said commissioner, the amount of tax paid 2520 |
---|
| 3250 | + | pursuant to this subsection by such hospital and the amount of net 2521 |
---|
| 3251 | + | revenue received by such hospital for the provision of inpatient 2522 |
---|
| 3252 | + | hospital services, in the state fiscal year commencing two years prior to 2523 |
---|
| 3253 | + | each such reporting date. Not later than ninety days after said 2524 |
---|
| 3254 | + | commissioner receives completed reports from all hospitals required to 2525 |
---|
| 3255 | + | submit such reports, said commissioner shall notify the Commissioner 2526 |
---|
| 3256 | + | of Revenue Services of the amount of any refund due each hospital to 2527 |
---|
| 3257 | + | be in compliance with 42 CFR 433.68(f), as amended from time to time. 2528 |
---|
| 3258 | + | Not later than thirty days after receiving such notice, the 2529 |
---|
| 3259 | + | Commissioner of Revenue Services shall notify the Comptroller of the 2530 |
---|
| 3260 | + | amount of each such refund and the Comptroller shall draw an order 2531 |
---|
| 3261 | + | on the Treasurer for payment of each such refund. No interest shall be 2532 |
---|
| 3262 | + | added to any refund issued pursuant to this subparagraph. 2533 |
---|
| 3263 | + | (2) Except as provided in subdivision (3) of this subsection, each 2534 |
---|
| 3264 | + | [such] hospital subject to the tax imposed under subdivision (1) of this 2535 |
---|
| 3265 | + | subsection shall be required to pay the total amount due in four 2536 |
---|
| 3266 | + | quarterly payments consistent with section 12-263s, with the first 2537 |
---|
| 3267 | + | quarter commencing with the first day of each state fiscal year and the 2538 |
---|
| 3268 | + | last quarter ending on the last day of each state fiscal year. Hospitals 2539 |
---|
| 3269 | + | shall make all payments required under this subsection in accordance 2540 |
---|
| 3270 | + | with procedures established by and on forms provided by the 2541 |
---|
| 3271 | + | commissioner. 2542 |
---|
| 3272 | + | (3) (A) For the state fiscal year commencing July 1, 2017, each 2543 |
---|
| 3273 | + | hospital required to pay tax on inpatient hospital services or outpatient 2544 |
---|
| 3274 | + | hospital services shall make an estimated tax payment on December 2545 |
---|
| 3275 | + | 15, 2017, which estimated payment shall be equal to one hundred 2546 |
---|
| 3276 | + | thirty-three per cent of the tax due under chapter 211a for the period 2547 |
---|
| 3277 | + | Governor's Bill No. 877 |
---|
| 3278 | + | |
---|
| 3279 | + | |
---|
| 3280 | + | |
---|
| 3281 | + | LCO No. 4566 88 of 138 |
---|
| 3282 | + | |
---|
| 3283 | + | ending June 30, 2017. If a hospital was not required to pay tax under 2548 |
---|
| 3284 | + | [said] chapter 211a on either inpatient hospital services or outpatient 2549 |
---|
| 3285 | + | hospital services, such hospital shall make its estimated payment 2550 |
---|
| 3286 | + | based on its unaudited net patient revenue. 2551 |
---|
| 3287 | + | (B) Each hospital required to pay tax pursuant to this subdivision on 2552 |
---|
| 3288 | + | inpatient hospital services or outpatient hospital services shall pay the 2553 |
---|
| 3289 | + | remaining balance determined to be due in two equal payments, which 2554 |
---|
| 3290 | + | shall be due on April 30, 2018, and July 31, 2018, respectively. 2555 |
---|
| 3291 | + | (C) (i) For each state fiscal year commencing on or after July 1, 2017, 2556 |
---|
| 3292 | + | and prior to July 1, 2019, each hospital required to pay tax on inpatient 2557 |
---|
| 3293 | + | hospital services or outpatient hospital services shall calculate the 2558 |
---|
| 3294 | + | amount of tax due on forms prescribed by the commissioner by 2559 |
---|
| 3295 | + | multiplying the applicable rate set forth in subdivision (1) of this 2560 |
---|
| 3296 | + | subsection by its audited net revenue for fiscal year 2016. [Hospitals 2561 |
---|
| 3297 | + | shall make all payments required under this section in accordance with 2562 |
---|
| 3298 | + | procedures established by and on forms provided by the 2563 |
---|
| 3299 | + | commissioner.] 2564 |
---|
| 3300 | + | (ii) For each state fiscal year commencing on or after July 1, 2019, 2565 |
---|
| 3301 | + | each hospital required to pay tax on inpatient hospital services or 2566 |
---|
| 3302 | + | outpatient hospital services shall calculate the amount of tax due on 2567 |
---|
| 3303 | + | forms prescribed by the commissioner by multiplying the applicable 2568 |
---|
| 3304 | + | rate set forth in subdivision (1) of this subsection by its audited net 2569 |
---|
| 3305 | + | revenue for the fiscal year, as set forth in subparagraph (C) of 2570 |
---|
| 3306 | + | subdivision (1) of this subsection. 2571 |
---|
| 3307 | + | (D) The commissioner shall apply any payment made by a hospital 2572 |
---|
| 3308 | + | in connection with the tax under chapter 211a for the period ending 2573 |
---|
| 3309 | + | September 30, 2017, as a partial payment of such hospital's estimated 2574 |
---|
| 3310 | + | tax payment due on December 15, 2017, under subparagraph (A) of 2575 |
---|
| 3311 | + | this subdivision. The commissioner shall return to a hospital any credit 2576 |
---|
| 3312 | + | claimed by such hospital in connection with the tax imposed under 2577 |
---|
| 3313 | + | [said] chapter 211a for the period ending September 30, 2017, for 2578 |
---|
| 3314 | + | Governor's Bill No. 877 |
---|
| 3315 | + | |
---|
| 3316 | + | |
---|
| 3317 | + | |
---|
| 3318 | + | LCO No. 4566 89 of 138 |
---|
| 3319 | + | |
---|
| 3320 | + | assignment as provided under section 12-263s. 2579 |
---|
| 3321 | + | (4) (A) [Each] (i) For each state fiscal year commencing on or after 2580 |
---|
| 3322 | + | July 1, 2017, and prior to July 1, 2019, each hospital required to pay tax 2581 |
---|
| 3323 | + | on inpatient hospital services or outpatient hospital services shall 2582 |
---|
| 3324 | + | submit to the commissioner such information as the commissioner 2583 |
---|
| 3325 | + | requires in order to calculate the audited net inpatient revenue for 2584 |
---|
| 3326 | + | fiscal year 2016, the audited net outpatient revenue for fiscal year 2016 2585 |
---|
| 3327 | + | and the audited net revenue for fiscal year 2016 of all such health care 2586 |
---|
| 3328 | + | providers. Such information shall be provided to the commissioner not 2587 |
---|
| 3329 | + | later than January 1, 2018. The commissioner shall make additional 2588 |
---|
| 3330 | + | requests for information as necessary to fully audit each hospital's net 2589 |
---|
| 3331 | + | revenue. Upon completion of the commissioner's examination, the 2590 |
---|
| 3332 | + | commissioner shall notify, prior to February 28, 2018, each hospital of 2591 |
---|
| 3333 | + | its audited net inpatient revenue for fiscal year 2016, audited net 2592 |
---|
| 3334 | + | outpatient revenue for fiscal year 2016 and audited net revenue for 2593 |
---|
| 3335 | + | fiscal year 2016. 2594 |
---|
| 3336 | + | (ii) For each state fiscal year commencing on or after July 1, 2019, 2595 |
---|
| 3337 | + | each hospital required to pay tax on inpatient hospital services or 2596 |
---|
| 3338 | + | outpatient hospital services shall submit to the commissioner 2597 |
---|
| 3339 | + | biennially such information as the commissioner requires in order to 2598 |
---|
| 3340 | + | calculate for the applicable fiscal year, as set forth in subparagraph (C) 2599 |
---|
| 3341 | + | of subdivision (1) of this subsection, the audited net inpatient revenue, 2600 |
---|
| 3342 | + | the audited net outpatient revenue and the audited net revenue of all 2601 |
---|
| 3343 | + | such health care providers. For the state fiscal year commencing July 1, 2602 |
---|
| 3344 | + | 2019, such information shall be provided to the commissioner not later 2603 |
---|
| 3345 | + | than June 30, 2019. For the biennium commencing July 1, 2021, and 2604 |
---|
| 3346 | + | each biennium thereafter, such information shall be provided to the 2605 |
---|
| 3347 | + | commissioner not later than January fifteenth of the second year of the 2606 |
---|
| 3348 | + | biennium immediately preceding. The commissioner shall make 2607 |
---|
| 3349 | + | additional requests for information as necessary to fully audit each 2608 |
---|
| 3350 | + | hospital's net revenue. Upon completion of the commissioner's 2609 |
---|
| 3351 | + | examination, the commissioner shall notify each hospital of its audited 2610 |
---|
| 3352 | + | net inpatient revenue, audited net outpatient revenue and audited net 2611 |
---|
| 3353 | + | Governor's Bill No. 877 |
---|
| 3354 | + | |
---|
| 3355 | + | |
---|
| 3356 | + | |
---|
| 3357 | + | LCO No. 4566 90 of 138 |
---|
| 3358 | + | |
---|
| 3359 | + | revenue for the applicable fiscal year, as set forth in subparagraph (C) 2612 |
---|
| 3360 | + | of subdivision (1) of this subsection. 2613 |
---|
| 3361 | + | (B) Any hospital that fails to provide the requested information 2614 |
---|
| 3362 | + | [prior to January 1, 2018,] by the dates specified in subparagraph (A) of 2615 |
---|
| 3363 | + | this subdivision or fails to comply with a request for additional 2616 |
---|
| 3364 | + | information made under this subdivision shall be subject to a penalty 2617 |
---|
| 3365 | + | of one thousand dollars per day for each day the hospital fails to 2618 |
---|
| 3366 | + | provide the requested information or additional information. 2619 |
---|
| 3367 | + | (C) The commissioner may engage an independent auditor to assist 2620 |
---|
| 3368 | + | in the performance of the commissioner's duties and responsibilities 2621 |
---|
| 3369 | + | under this subdivision. 2622 |
---|
| 3370 | + | [(5) Net revenue derived from providing a health care item or 2623 |
---|
| 3371 | + | service to a patient shall be taxed only one time under this section.] 2624 |
---|
| 3372 | + | [(6)] (5) (A) For purposes of this [section] subsection: 2625 |
---|
| 3373 | + | (i) ["Audited net inpatient revenue for fiscal year 2016"] "Audited 2626 |
---|
| 3374 | + | net inpatient revenue for the fiscal year" means the amount of revenue 2627 |
---|
| 3375 | + | that the commissioner determines, in accordance with federal law, that 2628 |
---|
| 3376 | + | a hospital received for the provision of inpatient hospital services 2629 |
---|
| 3377 | + | during the [2016] applicable federal fiscal year; 2630 |
---|
| 3378 | + | (ii) ["Audited net outpatient revenue for fiscal year 2016"] "Audited 2631 |
---|
| 3379 | + | net outpatient revenue for the fiscal year" means the amount of 2632 |
---|
| 3380 | + | revenue that the commissioner determines, in accordance with federal 2633 |
---|
| 3381 | + | law, that a hospital received for the provision of outpatient hospital 2634 |
---|
| 3382 | + | services during the [2016] applicable federal fiscal year; and 2635 |
---|
| 3383 | + | (iii) ["Audited net revenue for fiscal year 2016"] "Audited net 2636 |
---|
| 3384 | + | revenue for the fiscal year" means net revenue, as reported in each 2637 |
---|
| 3385 | + | hospital's audited financial statement, less the amount of revenue that 2638 |
---|
| 3386 | + | the commissioner determines, in accordance with federal law, that a 2639 |
---|
| 3387 | + | hospital received from other than the provision of inpatient hospital 2640 |
---|
| 3388 | + | Governor's Bill No. 877 |
---|
| 3389 | + | |
---|
| 3390 | + | |
---|
| 3391 | + | |
---|
| 3392 | + | LCO No. 4566 91 of 138 |
---|
| 3393 | + | |
---|
| 3394 | + | services and outpatient hospital services. The total audited net revenue 2641 |
---|
| 3395 | + | for the fiscal year [2016] shall be the sum of all audited net revenue for 2642 |
---|
| 3396 | + | the applicable fiscal year [2016] for all hospitals required to pay tax on 2643 |
---|
| 3397 | + | inpatient hospital services and outpatient hospital services. 2644 |
---|
| 3398 | + | (B) Audited net inpatient revenue and audited net outpatient 2645 |
---|
| 3399 | + | revenue shall be based on information provided by each hospital 2646 |
---|
| 3400 | + | required to pay tax on inpatient hospital services or outpatient hospital 2647 |
---|
| 3401 | + | services. 2648 |
---|
| 3402 | + | [(b) (1)] (6) (A) The Commissioner of Social Services shall seek 2649 |
---|
| 3403 | + | approval from the Centers for Medicare and Medicaid Services to 2650 |
---|
| 3404 | + | exempt from the net revenue tax imposed under [subsection (a) of this 2651 |
---|
| 3405 | + | section] this subsection the following: [(A)] (i) Specialty hospitals; [(B)] 2652 |
---|
| 3406 | + | (ii) children's general hospitals; and [(C)] (iii) hospitals operated 2653 |
---|
| 3407 | + | exclusively by the state other than a short-term acute hospital operated 2654 |
---|
| 3408 | + | by the state as a receiver pursuant to chapter 920. Any hospital for 2655 |
---|
| 3409 | + | which the Centers for Medicare and Medicaid Services grants an 2656 |
---|
| 3410 | + | exemption shall be exempt from the net revenue tax imposed under 2657 |
---|
| 3411 | + | [subsection (a) of this section] this subsection. Any hospital for which 2658 |
---|
| 3412 | + | the Centers for Medicare and Medicaid Services denies an exemption 2659 |
---|
| 3413 | + | shall be deemed to be a hospital for purposes of this [section] 2660 |
---|
| 3414 | + | subsection and shall be required to pay the net revenue tax imposed 2661 |
---|
| 3415 | + | under [subsection (a) of this section] this subsection on inpatient 2662 |
---|
| 3416 | + | hospital services and outpatient hospital services. 2663 |
---|
| 3417 | + | [(2)] (B) Each hospital shall provide to the Commissioner of Social 2664 |
---|
| 3418 | + | Services, upon request, such information as said commissioner may 2665 |
---|
| 3419 | + | require to make any computations necessary to seek approval for 2666 |
---|
| 3420 | + | exemption under this [subsection] subdivision. 2667 |
---|
| 3421 | + | [(3)] (C) As used in this [subsection] subdivision, [(A)] (i) "specialty 2668 |
---|
| 3422 | + | hospital" means a health care facility, as defined in section 19a-630, 2669 |
---|
| 3423 | + | other than a facility licensed by the Department of Public Health as a 2670 |
---|
| 3424 | + | short-term general hospital or a short-term children's hospital. 2671 |
---|
| 3425 | + | Governor's Bill No. 877 |
---|
| 3426 | + | |
---|
| 3427 | + | |
---|
| 3428 | + | |
---|
| 3429 | + | LCO No. 4566 92 of 138 |
---|
| 3430 | + | |
---|
| 3431 | + | "Specialty hospital" includes, but is not limited to, a psychiatric 2672 |
---|
| 3432 | + | hospital or a chronic disease hospital, and [(B)] (ii) "children's general 2673 |
---|
| 3433 | + | hospital" means a health care facility, as defined in section 19a-630, 2674 |
---|
| 3434 | + | that is licensed by the Department of Public Health as a short-term 2675 |
---|
| 3435 | + | children's hospital. "Children's general hospital" does not include a 2676 |
---|
| 3436 | + | specialty hospital. 2677 |
---|
| 3437 | + | [(c)] (7) Prior to [January 1, 2018] July 1, 2019, and every three years 2678 |
---|
| 3438 | + | thereafter, the Commissioner of Social Services shall seek approval 2679 |
---|
| 3439 | + | from the Centers for Medicare and Medicaid Services to exempt 2680 |
---|
| 3440 | + | financially distressed hospitals from the net revenue tax imposed on 2681 |
---|
| 3441 | + | outpatient hospital services. Any such hospital for which the Centers 2682 |
---|
| 3442 | + | for Medicare and Medicaid Services grants an exemption shall be 2683 |
---|
| 3443 | + | exempt from the net revenue tax imposed on outpatient hospital 2684 |
---|
| 3444 | + | services under [subsection (a) of this section] this subsection. Any 2685 |
---|
| 3445 | + | hospital for which the Centers for Medicare and Medicaid Services 2686 |
---|
| 3446 | + | denies an exemption shall be required to pay the net revenue tax 2687 |
---|
| 3447 | + | imposed on outpatient hospital services under [subsection (a) of this 2688 |
---|
| 3448 | + | section] this subsection. For purposes of this [subsection] subdivision, 2689 |
---|
| 3449 | + | "financially distressed hospital" means a hospital that has experienced 2690 |
---|
| 3450 | + | over a five-year period an average net loss of more than five per cent of 2691 |
---|
| 3451 | + | aggregate revenue. A hospital has an average net loss of more than five 2692 |
---|
| 3452 | + | per cent of aggregate revenue if such a loss is reflected in the five most 2693 |
---|
| 3453 | + | recent years of financial reporting that have been made available by 2694 |
---|
| 3454 | + | the Health Systems Planning Unit of the Office of Health Strategy for 2695 |
---|
| 3455 | + | such hospital in accordance with section 19a-670 as of the effective date 2696 |
---|
| 3456 | + | of the request for approval which effective date shall be July first of the 2697 |
---|
| 3457 | + | year in which the request is made. 2698 |
---|
| 3458 | + | [(d)] (8) The commissioner shall issue guidance regarding the 2699 |
---|
| 3459 | + | administration of the tax on inpatient hospital services and outpatient 2700 |
---|
| 3460 | + | hospital services. Such guidance shall be issued upon completion of a 2701 |
---|
| 3461 | + | study of the applicable federal law governing the administration of tax 2702 |
---|
| 3462 | + | on inpatient hospital services and outpatient hospital services. The 2703 |
---|
| 3463 | + | commissioner shall conduct such study in collaboration with the 2704 |
---|
| 3464 | + | Governor's Bill No. 877 |
---|
| 3465 | + | |
---|
| 3466 | + | |
---|
| 3467 | + | |
---|
| 3468 | + | LCO No. 4566 93 of 138 |
---|
| 3469 | + | |
---|
| 3470 | + | Commissioner of Social Services, the Secretary of the Office of Policy 2705 |
---|
| 3471 | + | and Management, the Connecticut Hospital Association and the 2706 |
---|
| 3472 | + | hospitals subject to the tax imposed on inpatient hospital services and 2707 |
---|
| 3473 | + | outpatient hospital services. 2708 |
---|
| 3474 | + | [(e) (1)] (9) (A) The commissioner shall determine, in consultation 2709 |
---|
| 3475 | + | with the Commissioner of Social Services, the Secretary of the Office of 2710 |
---|
| 3476 | + | Policy and Management, the Connecticut Hospital Association and the 2711 |
---|
| 3477 | + | hospitals subject to the tax imposed on inpatient hospital services and 2712 |
---|
| 3478 | + | outpatient hospital services, if there is any underreporting of revenue 2713 |
---|
| 3479 | + | on hospitals' audited financial statements. Such consultation shall only 2714 |
---|
| 3480 | + | be as authorized under section 12-15. The commissioner shall issue 2715 |
---|
| 3481 | + | guidance, if necessary, to address any such underreporting. 2716 |
---|
| 3482 | + | [(2)] (B) If the commissioner determines, in accordance with this 2717 |
---|
| 3483 | + | [subsection] subdivision, that a hospital underreported net revenue on 2718 |
---|
| 3484 | + | its audited financial statement, the amount of underreported net 2719 |
---|
| 3485 | + | revenue shall be added to the amount of net revenue reported on such 2720 |
---|
| 3486 | + | hospital's audited financial statement so as to comply with federal law 2721 |
---|
| 3487 | + | and the revised net revenue amount shall be used for purposes of 2722 |
---|
| 3488 | + | calculating the amount of tax owed by such hospital under this 2723 |
---|
| 3489 | + | [section] subsection. For purposes of this [subsection] subdivision, 2724 |
---|
| 3490 | + | "underreported net revenue" means any revenue of a hospital subject 2725 |
---|
| 3491 | + | to the tax imposed under this section that is required to be included in 2726 |
---|
| 3492 | + | net revenue from the provision of inpatient hospital services and net 2727 |
---|
| 3493 | + | revenue from the provision of outpatient hospital services to comply 2728 |
---|
| 3494 | + | with 42 CFR 433.56, as amended from time to time, 42 CFR 433.68, as 2729 |
---|
| 3495 | + | amended from time to time, and Section 1903(w) of the Social Security 2730 |
---|
| 3496 | + | Act, as amended from time to time, but that was not reported on such 2731 |
---|
| 3497 | + | hospital's audited financial statement. Underreported net revenue shall 2732 |
---|
| 3498 | + | only include revenue of the hospital subject to such tax. 2733 |
---|
| 3499 | + | (b) (1) For each calendar quarter commencing on or after July 1, 2734 |
---|
| 3500 | + | 2019, each ambulatory surgical center shall pay a tax on the total net 2735 |
---|
| 3501 | + | revenue received by such ambulatory surgical center for the provision 2736 |
---|
| 3502 | + | Governor's Bill No. 877 |
---|
| 3503 | + | |
---|
| 3504 | + | |
---|
| 3505 | + | |
---|
| 3506 | + | LCO No. 4566 94 of 138 |
---|
| 3507 | + | |
---|
| 3508 | + | of ambulatory surgical center services. The rate of tax on such net 2737 |
---|
| 3509 | + | revenue received for the provision of such services shall be six per 2738 |
---|
| 3510 | + | cent, except that such tax shall not be imposed on Medicaid payments 2739 |
---|
| 3511 | + | or Medicare payments received by the ambulatory surgical center for 2740 |
---|
| 3512 | + | the provision of ambulatory surgical center services. 2741 |
---|
| 3513 | + | (2) Net revenue from each hospital-owned ambulatory surgical 2742 |
---|
| 3514 | + | center shall be considered net revenue of the hospital and shall be 2743 |
---|
| 3515 | + | reported as net revenue from inpatient hospital services or outpatient 2744 |
---|
| 3516 | + | hospital services to the extent such net revenue is derived from 2745 |
---|
| 3517 | + | services that fall within the scope of inpatient hospital services or 2746 |
---|
| 3518 | + | outpatient hospital services. As used in this subdivision, "hospital-2747 |
---|
| 3519 | + | owned ambulatory surgical center" includes only those ambulatory 2748 |
---|
| 3520 | + | surgical centers that are considered departments of the owner-hospital 2749 |
---|
| 3521 | + | and that have provider-based status in accordance with 42 CFR 413.65, 2750 |
---|
| 3522 | + | as amended from time to time. If an ambulatory surgical center is 2751 |
---|
| 3523 | + | owned by a hospital, but is not considered to be a department of the 2752 |
---|
| 3524 | + | hospital or does not have provider-based status in accordance with 42 2753 |
---|
| 3525 | + | CFR 413.65, as amended from time to time, the net revenue of such 2754 |
---|
| 3526 | + | ambulatory surgical center shall not be considered net revenue of the 2755 |
---|
| 3527 | + | owner-hospital, and such ambulatory surgical center shall be required 2756 |
---|
| 3528 | + | to file and pay tax for any net revenue received from the provision of 2757 |
---|
| 3529 | + | ambulatory surgical center services. 2758 |
---|
| 3530 | + | (c) Net revenue derived from providing a health care item or service 2759 |
---|
| 3531 | + | to a patient shall be taxed only one time under this section. 2760 |
---|
| 3532 | + | [(f)] (d) Nothing in this section shall affect the commissioner's 2761 |
---|
| 3533 | + | obligations under section 12-15 regarding disclosure and inspection of 2762 |
---|
| 3534 | + | returns and return information. 2763 |
---|
| 3535 | + | [(g)] (e) The provisions of section 17b-8 shall not apply to any 2764 |
---|
| 3536 | + | exemption or exemptions sought by the [Department] Commissioner 2765 |
---|
| 3537 | + | of Social Services from the Centers for Medicare and Medicaid Services 2766 |
---|
| 3538 | + | under this section. 2767 |
---|
| 3539 | + | Governor's Bill No. 877 |
---|
| 3540 | + | |
---|
| 3541 | + | |
---|
| 3542 | + | |
---|
| 3543 | + | LCO No. 4566 95 of 138 |
---|
| 3544 | + | |
---|
| 3545 | + | Sec. 37. Subsection (a) of section 12-263r of the general statutes is 2768 |
---|
| 3546 | + | repealed and the following is substituted in lieu thereof (Effective from 2769 |
---|
| 3547 | + | passage): 2770 |
---|
| 3548 | + | (a) For each calendar quarter commencing on or after July 1, 2017, 2771 |
---|
| 3549 | + | there is hereby imposed a quarterly fee on each nursing home and 2772 |
---|
| 3550 | + | intermediate care facility in this state, which fee shall be the product of 2773 |
---|
| 3551 | + | each facility's total resident days during the calendar quarter 2774 |
---|
| 3552 | + | multiplied by the user fee. Except as otherwise provided in this 2775 |
---|
| 3553 | + | section, (1) the user fee for nursing homes shall be twenty-one dollars 2776 |
---|
| 3554 | + | and two cents, and (2) the user fee for intermediate care facilities shall 2777 |
---|
| 3555 | + | be (A) twenty-seven dollars and twenty-six cents for calendar quarters 2778 |
---|
| 3556 | + | commencing on or after July 1, 2017, and prior to July 1, 2019, and (B) 2779 |
---|
| 3557 | + | twenty-seven dollars and seventy-six cents for calendar quarters 2780 |
---|
| 3558 | + | commencing on or after July 1, 2019. As used in this subsection, 2781 |
---|
| 3559 | + | "resident day" means nursing home resident day and intermediate care 2782 |
---|
| 3560 | + | facility resident day, as applicable. 2783 |
---|
| 3561 | + | Sec. 38. Section 12-263i of the general statutes is repealed and the 2784 |
---|
| 3562 | + | following is substituted in lieu thereof (Effective from passage): 2785 |
---|
| 3563 | + | (a) As used in this section: 2786 |
---|
| 3564 | + | (1) "Ambulatory surgical center" means an entity included within 2787 |
---|
| 3565 | + | the definition of said term that is set forth in 42 CFR 416.2 and that is 2788 |
---|
| 3566 | + | licensed by the Department of Public Health as an outpatient surgical 2789 |
---|
| 3567 | + | facility, and any other ambulatory surgical center that is Medicare 2790 |
---|
| 3568 | + | certified; 2791 |
---|
| 3569 | + | (2) "Commissioner" means the Commissioner of Revenue Services; 2792 |
---|
| 3570 | + | and 2793 |
---|
| 3571 | + | (3) "Department" means the Department of Revenue Services. 2794 |
---|
| 3572 | + | (b) (1) For each calendar quarter commencing on or after October 1, 2795 |
---|
| 3573 | + | 2015, and prior to July 1, 2019, there is hereby imposed a tax on each 2796 |
---|
| 3574 | + | Governor's Bill No. 877 |
---|
| 3575 | + | |
---|
| 3576 | + | |
---|
| 3577 | + | |
---|
| 3578 | + | LCO No. 4566 96 of 138 |
---|
| 3579 | + | |
---|
| 3580 | + | ambulatory surgical center in this state to be paid each calendar 2797 |
---|
| 3581 | + | quarter. The tax imposed by this section shall be at the rate of six per 2798 |
---|
| 3582 | + | cent of the gross receipts of each ambulatory surgical center, except 2799 |
---|
| 3583 | + | that [: (A) Prior to July 1, 2019,] such tax shall not be imposed on any 2800 |
---|
| 3584 | + | amount of such gross receipts that constitutes either [(i)] (A) the first 2801 |
---|
| 3585 | + | million dollars of gross receipts of the ambulatory surgical center in 2802 |
---|
| 3586 | + | the applicable fiscal year, or [(ii)] (B) net revenue of a hospital that is 2803 |
---|
| 3587 | + | subject to the tax imposed under section 12-263q, as amended by this 2804 |
---|
| 3588 | + | act. [; and 2805 |
---|
| 3589 | + | (B) On and after July 1, 2019, such tax shall not be imposed on any 2806 |
---|
| 3590 | + | amount of such gross receipts that constitutes any of the following: (i) 2807 |
---|
| 3591 | + | The first million dollars of gross receipts of the ambulatory surgical 2808 |
---|
| 3592 | + | center in the applicable fiscal year, excluding Medicaid and Medicare 2809 |
---|
| 3593 | + | payments, (ii) net revenue of a hospital that is subject to the tax 2810 |
---|
| 3594 | + | imposed under section 12-263q, (iii) Medicaid payments received by 2811 |
---|
| 3595 | + | the ambulatory surgical center, and (iv) Medicare payments received 2812 |
---|
| 3596 | + | by the ambulatory surgical center.] 2813 |
---|
| 3597 | + | (2) Nothing in this section shall prohibit an ambulatory surgical 2814 |
---|
| 3598 | + | center from seeking remuneration for the tax imposed by this section. 2815 |
---|
| 3599 | + | (3) Each ambulatory surgical center shall, [on or before January 31, 2816 |
---|
| 3600 | + | 2016, and thereafter] on or before the last day of January, April, July 2817 |
---|
| 3601 | + | and October of each year until and including July 30, 2019, render to 2818 |
---|
| 3602 | + | the commissioner a return, on forms prescribed or furnished by the 2819 |
---|
| 3603 | + | commissioner, reporting the name and location of such ambulatory 2820 |
---|
| 3604 | + | surgical center, the entire amount of gross receipts generated by such 2821 |
---|
| 3605 | + | ambulatory surgical center during the calendar quarter ending on the 2822 |
---|
| 3606 | + | last day of the preceding month and such other information as the 2823 |
---|
| 3607 | + | commissioner deems necessary for the proper administration of this 2824 |
---|
| 3608 | + | section. The tax imposed under this section shall be due and payable 2825 |
---|
| 3609 | + | on the due date of such return. Each ambulatory surgical center shall 2826 |
---|
| 3610 | + | be required to file such return electronically with the department and 2827 |
---|
| 3611 | + | to make payment of such tax by electronic funds transfer in the 2828 |
---|
| 3612 | + | Governor's Bill No. 877 |
---|
| 3613 | + | |
---|
| 3614 | + | |
---|
| 3615 | + | |
---|
| 3616 | + | LCO No. 4566 97 of 138 |
---|
| 3617 | + | |
---|
| 3618 | + | manner provided by chapter 228g, regardless of whether such 2829 |
---|
| 3619 | + | ambulatory surgical center would have otherwise been required to file 2830 |
---|
| 3620 | + | such return electronically or to make such tax payment by electronic 2831 |
---|
| 3621 | + | funds transfer under the provisions of chapter 228g. 2832 |
---|
| 3622 | + | (c) Whenever the tax imposed under this section is not paid when 2833 |
---|
| 3623 | + | due, a penalty of ten per cent of the amount due and unpaid or fifty 2834 |
---|
| 3624 | + | dollars, whichever is greater, shall be imposed and interest at the rate 2835 |
---|
| 3625 | + | of one per cent per month or fraction thereof shall accrue on such tax 2836 |
---|
| 3626 | + | from the due date of such tax until the date of payment. 2837 |
---|
| 3627 | + | (d) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 2838 |
---|
| 3628 | + | 12-555a shall apply to the provisions of this section in the same manner 2839 |
---|
| 3629 | + | and with the same force and effect as if the language of said sections 2840 |
---|
| 3630 | + | had been incorporated in full into this section and had expressly 2841 |
---|
| 3631 | + | referred to the tax imposed under this section, except to the extent that 2842 |
---|
| 3632 | + | any provision is inconsistent with a provision in this section. 2843 |
---|
| 3633 | + | (e) For the fiscal year ending June 30, 2016, and each fiscal year 2844 |
---|
| 3634 | + | [thereafter] ending prior to July 1, 2019, the Comptroller is authorized 2845 |
---|
| 3635 | + | to record as revenue for each fiscal year the amount of tax imposed 2846 |
---|
| 3636 | + | under the provisions of this section prior to the end of each fiscal year 2847 |
---|
| 3637 | + | and which tax is received by the Commissioner of Revenue Services 2848 |
---|
| 3638 | + | not later than five business days after the last day of July immediately 2849 |
---|
| 3639 | + | following the end of each fiscal year. 2850 |
---|
| 3640 | + | Sec. 39. Subsection (b) of section 12-494 of the general statutes is 2851 |
---|
| 3641 | + | repealed and the following is substituted in lieu thereof (Effective July 2852 |
---|
| 3642 | + | 1, 2019, and applicable to conveyances occurring on or after July 1, 2019): 2853 |
---|
| 3643 | + | (b) The rate of tax imposed under subdivision (1) of subsection (a) of 2854 |
---|
| 3644 | + | this section shall, in lieu of the rate under said subdivision (1), be 2855 |
---|
| 3645 | + | imposed on certain conveyances as follows: (1) In the case of any 2856 |
---|
| 3646 | + | conveyance of real property which at the time of such conveyance is 2857 |
---|
| 3647 | + | used for any purpose other than residential use, except unimproved 2858 |
---|
| 3648 | + | land, the tax under said subdivision (1) shall be imposed at the rate of 2859 |
---|
| 3649 | + | Governor's Bill No. 877 |
---|
| 3650 | + | |
---|
| 3651 | + | |
---|
| 3652 | + | |
---|
| 3653 | + | LCO No. 4566 98 of 138 |
---|
| 3654 | + | |
---|
| 3655 | + | one and one-quarter per cent of the consideration for the interest in 2860 |
---|
| 3656 | + | real property conveyed; (2) in the case of any conveyance in which the 2861 |
---|
| 3657 | + | real property conveyed is a residential estate, including a primary 2862 |
---|
| 3658 | + | dwelling and any auxiliary housing or structures, regardless of the 2863 |
---|
| 3659 | + | number of deeds, instruments or writings used to convey such 2864 |
---|
| 3660 | + | residential real estate, for which the consideration or aggregate 2865 |
---|
| 3661 | + | consideration, as the case may be, in such conveyance is eight hundred 2866 |
---|
| 3662 | + | thousand dollars or more, the tax under said subdivision (1) shall be 2867 |
---|
| 3663 | + | imposed (A) at the rate of three-quarters of one per cent on that 2868 |
---|
| 3664 | + | portion of such consideration up to and including the amount of eight 2869 |
---|
| 3665 | + | hundred thousand dollars, and (B) at the rate of [one and one-quarter] 2870 |
---|
| 3666 | + | one and one-half per cent on that portion of such consideration in 2871 |
---|
| 3667 | + | excess of eight hundred thousand dollars; and (3) in the case of any 2872 |
---|
| 3668 | + | conveyance in which real property on which mortgage payments have 2873 |
---|
| 3669 | + | been delinquent for not less than six months is conveyed to a financial 2874 |
---|
| 3670 | + | institution or its subsidiary which holds such a delinquent mortgage 2875 |
---|
| 3671 | + | on such property, the tax under said subdivision (1) shall be imposed 2876 |
---|
| 3672 | + | at the rate of three-quarters of one per cent of the consideration for the 2877 |
---|
| 3673 | + | interest in real property conveyed. For the purposes of subdivision (1) 2878 |
---|
| 3674 | + | of this subsection, "unimproved land" includes land designated as 2879 |
---|
| 3675 | + | farm, forest or open space land. 2880 |
---|
| 3676 | + | Sec. 40. Subsection (d) of section 12-217n of the general statutes is 2881 |
---|
| 3677 | + | repealed and the following is substituted in lieu thereof (Effective from 2882 |
---|
| 3678 | + | passage and applicable to taxable years commencing on or after January 1, 2883 |
---|
| 3679 | + | 2019): 2884 |
---|
| 3680 | + | (d) (1) The credit provided for by this section shall be allowed for 2885 |
---|
| 3681 | + | any income year commencing on or after January 1, 1993, provided 2886 |
---|
| 3682 | + | any credits allowed for income years commencing on or after January 2887 |
---|
| 3683 | + | 1, 1993, and prior to January 1, 1995, may not be taken until income 2888 |
---|
| 3684 | + | years commencing on or after January 1, 1995, and, for the purposes of 2889 |
---|
| 3685 | + | subdivision (2) of this subsection, shall be treated as if the credit for 2890 |
---|
| 3686 | + | each such income year first became allowable in the first income year 2891 |
---|
| 3687 | + | commencing on or after January 1, 1995. 2892 |
---|
| 3688 | + | Governor's Bill No. 877 |
---|
| 3689 | + | |
---|
| 3690 | + | |
---|
| 3691 | + | |
---|
| 3692 | + | LCO No. 4566 99 of 138 |
---|
| 3693 | + | |
---|
| 3694 | + | (2) No more than one-third of the amount of the credit allowable for 2893 |
---|
| 3695 | + | any income year may be included in the calculation of the amount of 2894 |
---|
| 3696 | + | the credit that may be taken in that income year. 2895 |
---|
| 3697 | + | (3) The total amount of the credit under subdivision (1) of this 2896 |
---|
| 3698 | + | subsection that may be taken for any income year may not exceed the 2897 |
---|
| 3699 | + | greater of (A) fifty per cent of the taxpayer's tax liability or in the case 2898 |
---|
| 3700 | + | of a combined return, fifty per cent of the combined tax liability, for 2899 |
---|
| 3701 | + | such income year, determined without regard to any credits allowed 2900 |
---|
| 3702 | + | under this section, and (B) the lesser of (i) two hundred per cent of the 2901 |
---|
| 3703 | + | credit otherwise allowed under subsection (c) of this section for such 2902 |
---|
| 3704 | + | income year, and (ii) ninety per cent of the taxpayer's tax liability or in 2903 |
---|
| 3705 | + | the case of a combined return, ninety per cent of the combined liability 2904 |
---|
| 3706 | + | for such income year, determined without regard to any credits 2905 |
---|
| 3707 | + | allowed under this section. 2906 |
---|
| 3708 | + | (4) (A) Credits that are allowed under this section [but] for taxable 2907 |
---|
| 3709 | + | years commencing prior to January 1, 2019, that exceed the amount 2908 |
---|
| 3710 | + | permitted to be taken in an income year [by reason of] pursuant to the 2909 |
---|
| 3711 | + | provisions of subdivision (1), (2) or (3) of this subsection [,] shall be 2910 |
---|
| 3712 | + | carried forward to each of the successive income years until such 2911 |
---|
| 3713 | + | credits, or applicable portion thereof, are fully taken. No credit 2912 |
---|
| 3714 | + | permitted under this section shall be taken in any income year until the 2913 |
---|
| 3715 | + | full amount of all allowable credits carried forward to such year from 2914 |
---|
| 3716 | + | any prior income year, commencing with the earliest such prior year, 2915 |
---|
| 3717 | + | that otherwise may be taken under subdivision (2) of this subsection in 2916 |
---|
| 3718 | + | that income year, have been fully taken. 2917 |
---|
| 3719 | + | (B) Credits that are allowed under this section for taxable years 2918 |
---|
| 3720 | + | commencing on or after January 1, 2019, that exceed the amount 2919 |
---|
| 3721 | + | permitted to be taken in an income year pursuant to the provisions of 2920 |
---|
| 3722 | + | subdivision (1), (2) or (3) of this subsection shall be carried forward to 2921 |
---|
| 3723 | + | each of the successive income years until such credits, or applicable 2922 |
---|
| 3724 | + | portion thereof, are fully taken. No credit permitted under this section 2923 |
---|
| 3725 | + | shall be taken in any income year until the full amount of all allowable 2924 |
---|
| 3726 | + | Governor's Bill No. 877 |
---|
| 3727 | + | |
---|
| 3728 | + | |
---|
| 3729 | + | |
---|
| 3730 | + | LCO No. 4566 100 of 138 |
---|
| 3731 | + | |
---|
| 3732 | + | credits carried forward to such year from any prior income year, 2925 |
---|
| 3733 | + | commencing with the earliest such prior year, that otherwise may be 2926 |
---|
| 3734 | + | taken under subdivision (2) of this subsection in that income year, 2927 |
---|
| 3735 | + | have been fully taken. In no case may a credit allowed under this 2928 |
---|
| 3736 | + | subparagraph, or any portion thereof, that is not used by a taxpayer be 2929 |
---|
| 3737 | + | carried forward for a period of more than fifteen years. 2930 |
---|
| 3738 | + | Sec. 41. Subsection (a) of section 12-217zz of the general statutes is 2931 |
---|
| 3739 | + | repealed and the following is substituted in lieu thereof (Effective from 2932 |
---|
| 3740 | + | passage and applicable to income years commencing on or after January 1, 2933 |
---|
| 3741 | + | 2019): 2934 |
---|
| 3742 | + | (a) Notwithstanding any other provision of law, and except as 2935 |
---|
| 3743 | + | otherwise provided in subsection (b) of this section and sections 12-2936 |
---|
| 3744 | + | 217aaa and 12-217bbb, the amount of tax credit or credits otherwise 2937 |
---|
| 3745 | + | allowable against the tax imposed under this chapter shall be as 2938 |
---|
| 3746 | + | follows: 2939 |
---|
| 3747 | + | (1) For any income year commencing on or after January 1, 2002, 2940 |
---|
| 3748 | + | and prior to January 1, 2015, the amount of tax credit or credits 2941 |
---|
| 3749 | + | otherwise allowable shall not exceed seventy per cent of the amount of 2942 |
---|
| 3750 | + | tax due from such taxpayer under this chapter with respect to any such 2943 |
---|
| 3751 | + | income year of the taxpayer prior to the application of such credit or 2944 |
---|
| 3752 | + | credits; 2945 |
---|
| 3753 | + | (2) For any income year commencing on or after January 1, 2015, the 2946 |
---|
| 3754 | + | amount of tax credit or credits otherwise allowable shall not exceed 2947 |
---|
| 3755 | + | fifty and one one-hundredths per cent of the amount of tax due from 2948 |
---|
| 3756 | + | such taxpayer under this chapter with respect to any such income year 2949 |
---|
| 3757 | + | of the taxpayer prior to the application of such credit or credits; 2950 |
---|
| 3758 | + | (3) Notwithstanding the provisions of subdivision (2) of this 2951 |
---|
| 3759 | + | subsection, any taxpayer that possesses excess credits may utilize the 2952 |
---|
| 3760 | + | excess credits as follows: 2953 |
---|
| 3761 | + | (A) For income years commencing on or after January 1, 2016, and 2954 |
---|
| 3762 | + | Governor's Bill No. 877 |
---|
| 3763 | + | |
---|
| 3764 | + | |
---|
| 3765 | + | |
---|
| 3766 | + | LCO No. 4566 101 of 138 |
---|
| 3767 | + | |
---|
| 3768 | + | prior to January 1, 2017, the aggregate amount of tax credits and excess 2955 |
---|
| 3769 | + | credits allowable shall not exceed fifty-five per cent of the amount of 2956 |
---|
| 3770 | + | tax due from such taxpayer under this chapter with respect to any such 2957 |
---|
| 3771 | + | income year of the taxpayer prior to the application of such credit or 2958 |
---|
| 3772 | + | credits; 2959 |
---|
| 3773 | + | (B) For income years commencing on or after January 1, 2017, and 2960 |
---|
| 3774 | + | prior to January 1, 2018, the aggregate amount of tax credits and excess 2961 |
---|
| 3775 | + | credits allowable shall not exceed sixty per cent of the amount of tax 2962 |
---|
| 3776 | + | due from such taxpayer under this chapter with respect to any such 2963 |
---|
| 3777 | + | income year of the taxpayer prior to the application of such credit or 2964 |
---|
| 3778 | + | credits; and 2965 |
---|
| 3779 | + | (C) For income years commencing on or after January 1, 2018, and 2966 |
---|
| 3780 | + | prior to January 1, 2019, the aggregate amount of tax credits and excess 2967 |
---|
| 3781 | + | credits allowable shall not exceed sixty-five per cent of the amount of 2968 |
---|
| 3782 | + | tax due from such taxpayer under this chapter with respect to any such 2969 |
---|
| 3783 | + | income year of the taxpayer prior to the application of such credit or 2970 |
---|
| 3784 | + | credits; 2971 |
---|
| 3785 | + | [(D) For income years commencing on or after January 1, 2019, the 2972 |
---|
| 3786 | + | aggregate amount of tax credits and excess credits allowable shall not 2973 |
---|
| 3787 | + | exceed seventy per cent of the amount of tax due from such taxpayer 2974 |
---|
| 3788 | + | under this chapter with respect to any such income year of the 2975 |
---|
| 3789 | + | taxpayer prior to the application of such credit or credits;] 2976 |
---|
| 3790 | + | (4) For purposes of this subsection, "excess credits" means any 2977 |
---|
| 3791 | + | remaining credits available under section 12-217j, 12-217n, as amended 2978 |
---|
| 3792 | + | by this act, or 32-9t after tax credits are utilized in accordance with 2979 |
---|
| 3793 | + | subdivision (2) of this subsection. 2980 |
---|
| 3794 | + | Sec. 42. (NEW) (Effective from passage and applicable to quarterly periods 2981 |
---|
| 3795 | + | commencing on or after July 1, 2019) Notwithstanding any provision of 2982 |
---|
| 3796 | + | the general statutes allowing for a higher amount, for any quarterly 2983 |
---|
| 3797 | + | periods commencing on or after July 1, 2019, the amount of tax credit 2984 |
---|
| 3798 | + | or credits allowable against the tax imposed under chapter 211 of the 2985 |
---|
| 3799 | + | Governor's Bill No. 877 |
---|
| 3800 | + | |
---|
| 3801 | + | |
---|
| 3802 | + | |
---|
| 3803 | + | LCO No. 4566 102 of 138 |
---|
| 3804 | + | |
---|
| 3805 | + | general statutes, shall not exceed fifty and one one-hundredths per 2986 |
---|
| 3806 | + | cent of the amount of tax due from a taxpayer under such chapter with 2987 |
---|
| 3807 | + | respect to any such quarterly period of the taxpayer prior to the 2988 |
---|
| 3808 | + | application of such credit or credits. 2989 |
---|
| 3809 | + | Sec. 43. (NEW) (Effective from passage and applicable to quarterly periods 2990 |
---|
| 3810 | + | commencing on or after July 1, 2019) Notwithstanding any provision of 2991 |
---|
| 3811 | + | the general statutes allowing for a higher amount, for any quarterly 2992 |
---|
| 3812 | + | periods commencing on or after July 1, 2019, the amount of tax credit 2993 |
---|
| 3813 | + | or credits allowable against the tax imposed under chapter 212 of the 2994 |
---|
| 3814 | + | general statutes, shall not exceed fifty and one one-hundredths per 2995 |
---|
| 3815 | + | cent of the amount of tax due from a taxpayer under such chapter with 2996 |
---|
| 3816 | + | respect to any such quarterly period of the taxpayer prior to the 2997 |
---|
| 3817 | + | application of such credit or credits. 2998 |
---|
| 3818 | + | Sec. 44. (NEW) (Effective from passage and applicable to quarterly periods 2999 |
---|
| 3819 | + | commencing on or after July 1, 2019) Notwithstanding any provision of 3000 |
---|
| 3820 | + | the general statutes allowing for a higher amount, for any quarterly 3001 |
---|
| 3821 | + | periods commencing on or after July 1, 2019, the amount of tax credit 3002 |
---|
| 3822 | + | or credits allowable against the tax imposed under chapter 227 of the 3003 |
---|
| 3823 | + | general statutes, shall not exceed fifty and one one-hundredths per 3004 |
---|
| 3824 | + | cent of the amount of tax due from a taxpayer under such chapter with 3005 |
---|
| 3825 | + | respect to any such quarterly period of the taxpayer prior to the 3006 |
---|
| 3826 | + | application of such credit or credits. 3007 |
---|
| 3827 | + | Sec. 45. Subsection (a) of section 12-264 of the general statutes is 3008 |
---|
| 3828 | + | repealed and the following is substituted in lieu thereof (Effective July 3009 |
---|
| 3829 | + | 1, 2019): 3010 |
---|
| 3830 | + | (a) Each (1) municipality, or department or agency thereof, or 3011 |
---|
| 3831 | + | district manufacturing, selling or distributing gas to be used for light, 3012 |
---|
| 3832 | + | heat or power, (2) company the principal business of which is 3013 |
---|
| 3833 | + | manufacturing, selling or distributing gas or steam to be used for light, 3014 |
---|
| 3834 | + | heat or power, including each foreign electric company, as defined in 3015 |
---|
| 3835 | + | section 16-246f, that holds property in this state, and (3) company 3016 |
---|
| 3836 | + | Governor's Bill No. 877 |
---|
| 3837 | + | |
---|
| 3838 | + | |
---|
| 3839 | + | |
---|
| 3840 | + | LCO No. 4566 103 of 138 |
---|
| 3841 | + | |
---|
| 3842 | + | required to register pursuant to section 16-258a, shall pay a quarterly 3017 |
---|
| 3843 | + | tax upon gross earnings from such operations in this state. Gross 3018 |
---|
| 3844 | + | earnings from such operations under subdivisions (1) and (2) of this 3019 |
---|
| 3845 | + | subsection shall include, as determined by the Commissioner of 3020 |
---|
| 3846 | + | Revenue Services, (A) all income included in operating revenue 3021 |
---|
| 3847 | + | accounts in the uniform systems of accounts prescribed by the Public 3022 |
---|
| 3848 | + | Utilities Regulatory Authority for operations within the taxable 3023 |
---|
| 3849 | + | quarter and, with respect to each such company, (B) all income 3024 |
---|
| 3850 | + | identified in said uniform systems of accounts as income from 3025 |
---|
| 3851 | + | merchandising, jobbing and contract work, (C) all revenues identified 3026 |
---|
| 3852 | + | in said uniform systems of accounts as income from nonutility 3027 |
---|
| 3853 | + | operations, (D) all revenues identified in said uniform systems of 3028 |
---|
| 3854 | + | accounts as nonoperating retail income, and (E) receipts from the sale 3029 |
---|
| 3855 | + | of residuals and other by-products obtained in connection with the 3030 |
---|
| 3856 | + | production of gas, electricity or steam. Gross earnings from such 3031 |
---|
| 3857 | + | operations under subdivision (3) of this subsection shall be gross 3032 |
---|
| 3858 | + | income from the sales of natural gas. [, provided gross income shall not 3033 |
---|
| 3859 | + | include income from the sale of natural gas to an existing combined 3034 |
---|
| 3860 | + | cycle facility comprised of three gas turbines providing electric 3035 |
---|
| 3861 | + | generation services, as defined in section 16-1, with a total capacity of 3036 |
---|
| 3862 | + | seven hundred seventy-five megawatts, for use in the production of 3037 |
---|
| 3863 | + | electricity.] Gross earnings of a gas company, as defined in section 16-3038 |
---|
| 3864 | + | 1, shall not include income earned in a taxable quarter commencing 3039 |
---|
| 3865 | + | prior to June 30, 2008, from the sale of natural gas or propane as a fuel 3040 |
---|
| 3866 | + | for a motor vehicle. No deductions shall be allowed from such gross 3041 |
---|
| 3867 | + | earnings for any commission, rebate or other payment, except a refund 3042 |
---|
| 3868 | + | resulting from an error or overcharge and those specifically mentioned 3043 |
---|
| 3869 | + | in section 12-265. Gross earnings of a company, as described in 3044 |
---|
| 3870 | + | subdivision (2) of this subsection, shall not include income earned in 3045 |
---|
| 3871 | + | any taxable quarter commencing on or after July 1, 2000, from the sale 3046 |
---|
| 3872 | + | of steam. 3047 |
---|
| 3873 | + | Sec. 46. (NEW) (Effective October 1, 2019, and applicable to sales 3048 |
---|
| 3874 | + | occurring on or after October 1, 2019) (a) As used in this section: 3049 |
---|
| 3875 | + | Governor's Bill No. 877 |
---|
| 3876 | + | |
---|
| 3877 | + | |
---|
| 3878 | + | |
---|
| 3879 | + | LCO No. 4566 104 of 138 |
---|
| 3880 | + | |
---|
| 3881 | + | (1) "Electronic nicotine delivery system" has the same meaning as 3050 |
---|
| 3882 | + | provided in section 19a-342a of the general statutes; 3051 |
---|
| 3883 | + | (2) "Liquid nicotine container" has the same meaning as provided in 3052 |
---|
| 3884 | + | section 19a-342a of the general statutes; 3053 |
---|
| 3885 | + | (3) "Vapor product" has the same meaning as provided in section 3054 |
---|
| 3886 | + | 19a-342a of the general statutes; 3055 |
---|
| 3887 | + | (4) "Electronic cigarette liquid" means a liquid that, when used in an 3056 |
---|
| 3888 | + | electronic nicotine delivery system or a vapor product, produces a 3057 |
---|
| 3889 | + | vapor that may or may not include nicotine and is inhaled by the user 3058 |
---|
| 3890 | + | of such electronic nicotine delivery system or vapor product; 3059 |
---|
| 3891 | + | (5) "Electronic cigarette products" means electronic nicotine delivery 3060 |
---|
| 3892 | + | systems, liquid nicotine containers, vapor products and electronic 3061 |
---|
| 3893 | + | cigarette liquids; 3062 |
---|
| 3894 | + | (6) "Electronic cigarette wholesaler" means (A) any person engaged 3063 |
---|
| 3895 | + | in the business of selling electronic cigarette products at wholesale in 3064 |
---|
| 3896 | + | the state, (B) any person in this state who purchases electronic cigarette 3065 |
---|
| 3897 | + | products at wholesale from a manufacturer, or (C) any dealer, retailer 3066 |
---|
| 3898 | + | or other person that otherwise imports, or causes another person to 3067 |
---|
| 3899 | + | import, untaxed electronic cigarette products into this state; 3068 |
---|
| 3900 | + | (7) "Wholesale sales price" means the price of electronic cigarette 3069 |
---|
| 3901 | + | products or, if no price has been set, the wholesale value of such 3070 |
---|
| 3902 | + | products; and 3071 |
---|
| 3903 | + | (8) "Sale" means any transfer of title or possession or both, exchange, 3072 |
---|
| 3904 | + | barter, distribution or gift, of electronic cigarette products, with or 3073 |
---|
| 3905 | + | without consideration. 3074 |
---|
| 3906 | + | (b) For each calendar month commencing on or after October 1, 3075 |
---|
| 3907 | + | 2019, a tax is imposed on all sales of electronic cigarette products made 3076 |
---|
| 3908 | + | in this state by electronic cigarette wholesalers at the rate of seventy-3077 |
---|
| 3909 | + | five per cent of the wholesale sales price of such products, whether or 3078 |
---|
| 3910 | + | Governor's Bill No. 877 |
---|
| 3911 | + | |
---|
| 3912 | + | |
---|
| 3913 | + | |
---|
| 3914 | + | LCO No. 4566 105 of 138 |
---|
| 3915 | + | |
---|
| 3916 | + | not sold at wholesale, or if not sold, then at the same rate upon the use 3079 |
---|
| 3917 | + | by the wholesaler. Only one sale of the same product shall be used in 3080 |
---|
| 3918 | + | computing the amount of tax due under this subsection. 3081 |
---|
| 3919 | + | (c) Each electronic cigarette wholesaler shall file with the 3082 |
---|
| 3920 | + | commissioner, on or before the last day of each month, a report for the 3083 |
---|
| 3921 | + | calendar month immediately preceding in such form and containing 3084 |
---|
| 3922 | + | such information as the Commissioner of Revenue Services may 3085 |
---|
| 3923 | + | prescribe. The return shall be accompanied by a payment of the 3086 |
---|
| 3924 | + | amount of the tax shown to be due thereon. Payment shall be made 3087 |
---|
| 3925 | + | with such return. Each electronic cigarette wholesaler shall file such 3088 |
---|
| 3926 | + | return electronically with the Department of Revenue Services and 3089 |
---|
| 3927 | + | make such payment by electronic funds transfer in the manner 3090 |
---|
| 3928 | + | provided by chapter 228g of the general statutes. 3091 |
---|
| 3929 | + | (d) If any person fails to pay the amount of tax reported due on its 3092 |
---|
| 3930 | + | report within the time specified under this section, there shall be 3093 |
---|
| 3931 | + | imposed a penalty equal to ten per cent of such amount due and 3094 |
---|
| 3932 | + | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 3095 |
---|
| 3933 | + | interest at the rate of one per cent per month or fraction thereof, from 3096 |
---|
| 3934 | + | the due date of such tax until the date of payment. Subject to the 3097 |
---|
| 3935 | + | provisions of section 12-3a of the general statutes, the commissioner 3098 |
---|
| 3936 | + | may waive all or part of the penalties provided under this section 3099 |
---|
| 3937 | + | when it is proven to the commissioner's satisfaction that the failure to 3100 |
---|
| 3938 | + | pay any tax was due to reasonable cause and was not intentional or 3101 |
---|
| 3939 | + | due to neglect. 3102 |
---|
| 3940 | + | (e) Each person, other than an electronic cigarette wholesaler, who is 3103 |
---|
| 3941 | + | required, on behalf of an electronic cigarette wholesaler, to collect, 3104 |
---|
| 3942 | + | truthfully account for and pay over the tax imposed on such electronic 3105 |
---|
| 3943 | + | cigarette wholesaler under this section and who wilfully fails to collect, 3106 |
---|
| 3944 | + | truthfully account for and pay over such tax or who wilfully attempts 3107 |
---|
| 3945 | + | in any manner to evade or defeat the tax or the payment thereof, shall, 3108 |
---|
| 3946 | + | in addition to other penalties provided by law, be liable for a penalty 3109 |
---|
| 3947 | + | equal to the total amount of the tax evaded, or not collected, or not 3110 |
---|
| 3948 | + | Governor's Bill No. 877 |
---|
| 3949 | + | |
---|
| 3950 | + | |
---|
| 3951 | + | |
---|
| 3952 | + | LCO No. 4566 106 of 138 |
---|
| 3953 | + | |
---|
| 3954 | + | accounted for and paid over, including any penalty or interest 3111 |
---|
| 3955 | + | attributable to such wilful failure to collect or truthfully account for 3112 |
---|
| 3956 | + | and pay over such tax or such wilful attempt to evade or defeat such 3113 |
---|
| 3957 | + | tax, provided such penalty shall only be imposed against such person 3114 |
---|
| 3958 | + | in the event that such tax, penalty or interest cannot otherwise be 3115 |
---|
| 3959 | + | collected from the electronic cigarette wholesaler. The amount of such 3116 |
---|
| 3960 | + | penalty with respect to which a person may be personally liable under 3117 |
---|
| 3961 | + | this section shall be collected in accordance with the provisions of 3118 |
---|
| 3962 | + | section 12-555a of the general statutes and any amount so collected 3119 |
---|
| 3963 | + | shall be allowed as a credit against the amount of such tax, penalty or 3120 |
---|
| 3964 | + | interest due and owing from the electronic cigarette wholesaler. The 3121 |
---|
| 3965 | + | dissolution of the electronic cigarette wholesaler shall not discharge 3122 |
---|
| 3966 | + | any person in relation to any personal liability under this section for 3123 |
---|
| 3967 | + | wilful failure to collect or truthfully account for and pay over such tax 3124 |
---|
| 3968 | + | or for a wilful attempt to evade or defeat such tax prior to dissolution, 3125 |
---|
| 3969 | + | except as otherwise provided in this section. For purposes of this 3126 |
---|
| 3970 | + | section, "person" includes any individual, corporation, limited liability 3127 |
---|
| 3971 | + | company or partnership and any officer or employee of any 3128 |
---|
| 3972 | + | corporation, including a dissolved corporation, and a member or 3129 |
---|
| 3973 | + | employee of any partnership or limited liability company who, as such 3130 |
---|
| 3974 | + | officer, employee or member, is under a duty to file a tax return under 3131 |
---|
| 3975 | + | this section on behalf of an electronic cigarette wholesaler or to collect 3132 |
---|
| 3976 | + | or truthfully account for and pay over the tax imposed under this 3133 |
---|
| 3977 | + | section on behalf of an electronic cigarette wholesaler. 3134 |
---|
| 3978 | + | (f) No tax credit or credits shall be allowable against the tax 3135 |
---|
| 3979 | + | imposed under this section. 3136 |
---|
| 3980 | + | (g) The provisions of sections 12-550 to 12-554, inclusive, and section 3137 |
---|
| 3981 | + | 12-555a of the general statutes shall apply to the provisions of this 3138 |
---|
| 3982 | + | section in the same manner and with the same force and effect as if the 3139 |
---|
| 3983 | + | language of said sections had been incorporated in full into this section 3140 |
---|
| 3984 | + | and had expressly referred to the tax under this section, except to the 3141 |
---|
| 3985 | + | extent that any provision is inconsistent with a provision in this 3142 |
---|
| 3986 | + | section. 3143 |
---|
| 3987 | + | Governor's Bill No. 877 |
---|
| 3988 | + | |
---|
| 3989 | + | |
---|
| 3990 | + | |
---|
| 3991 | + | LCO No. 4566 107 of 138 |
---|
| 3992 | + | |
---|
| 3993 | + | (h) The commissioner may adopt regulations, in accordance with 3144 |
---|
| 3994 | + | the provisions of chapter 54 of the general statutes, to implement the 3145 |
---|
| 3995 | + | provisions of this section. 3146 |
---|
| 3996 | + | (i) At the close of each fiscal year commencing with the fiscal year 3147 |
---|
| 3997 | + | ending June 30, 2020, the Comptroller is authorized to record as 3148 |
---|
| 3998 | + | revenue for such fiscal year the amount of the tax imposed under the 3149 |
---|
| 3999 | + | provisions of this section that is received by the commissioner not later 3150 |
---|
| 4000 | + | than five business days from the last day of July immediately 3151 |
---|
| 4001 | + | following the end of such fiscal year. 3152 |
---|
| 4002 | + | Sec. 47. Subsection (a) of section 12-286a of the general statutes is 3153 |
---|
| 4003 | + | repealed and the following is substituted in lieu thereof (Effective 3154 |
---|
| 4004 | + | October 1, 2019): 3155 |
---|
| 4005 | + | (a) Each distributor and each dealer, as defined in section 12-285, 3156 |
---|
| 4006 | + | shall place and maintain in legible condition at each point of sale of 3157 |
---|
| 4007 | + | cigarettes to consumers, including the front of each vending machine, 3158 |
---|
| 4008 | + | and each restricted cigarette vending machine a notice which states (1) 3159 |
---|
| 4009 | + | that the sale, giving or delivering of tobacco products, including 3160 |
---|
| 4010 | + | cigarettes, to any person under [eighteen] twenty-one years of age is 3161 |
---|
| 4011 | + | prohibited by section 53-344, as amended by this act, (2) the purchase 3162 |
---|
| 4012 | + | or misrepresentation of age by a person under [eighteen] twenty-one 3163 |
---|
| 4013 | + | years of age to purchase cigarettes or tobacco products is prohibited by 3164 |
---|
| 4014 | + | [said] section 53-344, as amended by this act, and (3) the penalties and 3165 |
---|
| 4015 | + | fines for violating [said] section 53-344, as amended by this act, and 3166 |
---|
| 4016 | + | section 12-295a, as amended by this act. 3167 |
---|
| 4017 | + | Sec. 48. Subsection (a) of section 12-295 of the general statutes is 3168 |
---|
| 4018 | + | repealed and the following is substituted in lieu thereof (Effective 3169 |
---|
| 4019 | + | October 1, 2019): 3170 |
---|
| 4020 | + | (a) The commissioner may suspend or revoke the license of any 3171 |
---|
| 4021 | + | dealer or distributor for failure to comply with any provision of this 3172 |
---|
| 4022 | + | chapter or regulations related thereto or for the sale or delivery of 3173 |
---|
| 4023 | + | tobacco in any form to a [minor under eighteen] person under twenty-3174 |
---|
| 4024 | + | Governor's Bill No. 877 |
---|
| 4025 | + | |
---|
| 4026 | + | |
---|
| 4027 | + | |
---|
| 4028 | + | LCO No. 4566 108 of 138 |
---|
| 4029 | + | |
---|
| 4030 | + | one years of age, following a hearing with respect to which notice in 3175 |
---|
| 4031 | + | writing, specifying the time and place of such hearing and requiring 3176 |
---|
| 4032 | + | such dealer or distributor to show cause why such license should not 3177 |
---|
| 4033 | + | be revoked, is mailed or delivered to such dealer or distributor not less 3178 |
---|
| 4034 | + | than ten days preceding the date of such hearing. Such notice may be 3179 |
---|
| 4035 | + | served personally or by registered or certified mail. 3180 |
---|
| 4036 | + | Sec. 49. Subsection (a) of section 12-295a of the general statutes is 3181 |
---|
| 4037 | + | repealed and the following is substituted in lieu thereof (Effective 3182 |
---|
| 4038 | + | October 1, 2019): 3183 |
---|
| 4039 | + | (a) If the Commissioner of Revenue Services finds, after a hearing, 3184 |
---|
| 4040 | + | that a minor has purchased cigarettes or tobacco products, said 3185 |
---|
| 4041 | + | commissioner shall assess such minor a civil penalty of not more than 3186 |
---|
| 4042 | + | one hundred dollars for the first violation and not more than one 3187 |
---|
| 4043 | + | hundred fifty dollars for any second or subsequent offense within 3188 |
---|
| 4044 | + | twenty-four months after the first violation. For purposes of this 3189 |
---|
| 4045 | + | section, "minor" means a person under twenty-one years of age. 3190 |
---|
| 4046 | + | Sec. 50. Section 12-314a of the general statutes is repealed and the 3191 |
---|
| 4047 | + | following is substituted in lieu thereof (Effective October 1, 2019): 3192 |
---|
| 4048 | + | The Commissioner of Revenue Services may authorize a dealer or 3193 |
---|
| 4049 | + | distributor to give or deliver any cigarette, as defined in section 12-285, 3194 |
---|
| 4050 | + | or tobacco product, as defined in section 12-330a, in connection with 3195 |
---|
| 4051 | + | the promotion or advertisement of such cigarette or tobacco product 3196 |
---|
| 4052 | + | without receiving monetary consideration from the person receiving 3197 |
---|
| 4053 | + | the cigarette or tobacco product, provided (1) such distribution is on 3198 |
---|
| 4054 | + | the premises of a licensed dealer as defined in said section 12-285 or at 3199 |
---|
| 4055 | + | any event or establishment with an area the access to which is limited 3200 |
---|
| 4056 | + | to adult patrons provided such distribution is restricted to such area, 3201 |
---|
| 4057 | + | (2) the sample of cigarettes, if applicable, contains no less than two 3202 |
---|
| 4058 | + | cigarettes, and (3) the taxes on such cigarettes have been previously 3203 |
---|
| 4059 | + | paid. The licensed dealer or distributor shall be liable for any gift or 3204 |
---|
| 4060 | + | delivery of cigarettes or tobacco products to [minors on his] persons 3205 |
---|
| 4061 | + | Governor's Bill No. 877 |
---|
| 4062 | + | |
---|
| 4063 | + | |
---|
| 4064 | + | |
---|
| 4065 | + | LCO No. 4566 109 of 138 |
---|
| 4066 | + | |
---|
| 4067 | + | under twenty-one years of age on such dealer's premises by any 3206 |
---|
| 4068 | + | person conducting a promotion or advertisement of such cigarette or 3207 |
---|
| 4069 | + | tobacco product in accordance with this section. This section shall not 3208 |
---|
| 4070 | + | apply to the gift or delivery of a cigarette package in connection with a 3209 |
---|
| 4071 | + | sale of similar package of cigarettes. 3210 |
---|
| 4072 | + | Sec. 51. Section 53-344 of the general statutes is repealed and the 3211 |
---|
| 4073 | + | following is substituted in lieu thereof (Effective October 1, 2019): 3212 |
---|
| 4074 | + | (a) As used in this section: 3213 |
---|
| 4075 | + | (1) "Cardholder" means any person who presents a driver's license 3214 |
---|
| 4076 | + | or an identity card to a seller or seller's agent or employee, to purchase 3215 |
---|
| 4077 | + | or receive tobacco from such seller or seller's agent or employee; 3216 |
---|
| 4078 | + | (2) "Identity card" means an identification card issued in accordance 3217 |
---|
| 4079 | + | with the provisions of section 1-1h; 3218 |
---|
| 4080 | + | (3) "Transaction scan" means the process by which a seller or seller's 3219 |
---|
| 4081 | + | agent or employee checks, by means of a transaction scan device, the 3220 |
---|
| 4082 | + | validity of a driver's license or an identity card; and 3221 |
---|
| 4083 | + | (4) "Transaction scan device" means any commercial device or 3222 |
---|
| 4084 | + | combination of devices used at a point of sale that is capable of 3223 |
---|
| 4085 | + | deciphering in an electronically readable format the information 3224 |
---|
| 4086 | + | encoded on the magnetic strip or bar code of a driver's license or an 3225 |
---|
| 4087 | + | identity card. 3226 |
---|
| 4088 | + | (b) Any person who sells, gives or delivers to any person under 3227 |
---|
| 4089 | + | [eighteen] twenty-one years of age tobacco shall be fined not more 3228 |
---|
| 4090 | + | than two hundred dollars for the first offense, not more than three 3229 |
---|
| 4091 | + | hundred fifty dollars for a second offense within a twenty-four-month 3230 |
---|
| 4092 | + | period and not more than five hundred dollars for each subsequent 3231 |
---|
| 4093 | + | offense within a twenty-four-month period. The provisions of this 3232 |
---|
| 4094 | + | subsection shall not apply to a person under [eighteen] twenty-one 3233 |
---|
| 4095 | + | years of age who is delivering or accepting delivery of tobacco (1) in 3234 |
---|
| 4096 | + | Governor's Bill No. 877 |
---|
| 4097 | + | |
---|
| 4098 | + | |
---|
| 4099 | + | |
---|
| 4100 | + | LCO No. 4566 110 of 138 |
---|
| 4101 | + | |
---|
| 4102 | + | such person's capacity as an employee, or (2) as part of a scientific 3235 |
---|
| 4103 | + | study being conducted by an organization for the purpose of medical 3236 |
---|
| 4104 | + | research to further efforts in tobacco use prevention and cessation, 3237 |
---|
| 4105 | + | provided such medical research has been approved by the 3238 |
---|
| 4106 | + | organization's institutional review board, as defined in section 21a-408. 3239 |
---|
| 4107 | + | (c) Any person under [eighteen] twenty-one years of age who 3240 |
---|
| 4108 | + | purchases or misrepresents such person's age to purchase tobacco in 3241 |
---|
| 4109 | + | any form or possesses tobacco in any form in any public place shall be 3242 |
---|
| 4110 | + | fined not more than fifty dollars for the first offense and not less than 3243 |
---|
| 4111 | + | fifty dollars or more than one hundred dollars for each subsequent 3244 |
---|
| 4112 | + | offense. For purposes of this subsection, "public place" means any area 3245 |
---|
| 4113 | + | that is used or held out for use by the public whether owned or 3246 |
---|
| 4114 | + | operated by public or private interests. 3247 |
---|
| 4115 | + | (d) (1) A seller or seller's agent or employee may perform a 3248 |
---|
| 4116 | + | transaction scan to check the validity of a driver's license or identity 3249 |
---|
| 4117 | + | card presented by a cardholder as a condition for selling, giving away 3250 |
---|
| 4118 | + | or otherwise distributing tobacco to the cardholder. 3251 |
---|
| 4119 | + | (2) If the information deciphered by the transaction scan performed 3252 |
---|
| 4120 | + | under subdivision (1) of this subsection fails to match the information 3253 |
---|
| 4121 | + | printed on the driver's license or identity card presented by the 3254 |
---|
| 4122 | + | cardholder, or if the transaction scan indicates that the information so 3255 |
---|
| 4123 | + | printed is false or fraudulent, neither the seller nor any seller's agent or 3256 |
---|
| 4124 | + | employee shall sell, give away or otherwise distribute any tobacco to 3257 |
---|
| 4125 | + | the cardholder. 3258 |
---|
| 4126 | + | (3) Subdivision (1) of this subsection does not preclude a seller or 3259 |
---|
| 4127 | + | seller's agent or employee from using a transaction scan device to 3260 |
---|
| 4128 | + | check the validity of a document other than a driver's license or an 3261 |
---|
| 4129 | + | identity card, if the document includes a bar code or magnetic strip 3262 |
---|
| 4130 | + | that may be scanned by the device, as a condition for selling, giving 3263 |
---|
| 4131 | + | away or otherwise distributing tobacco to the person presenting the 3264 |
---|
| 4132 | + | document. 3265 |
---|
| 4133 | + | Governor's Bill No. 877 |
---|
| 4134 | + | |
---|
| 4135 | + | |
---|
| 4136 | + | |
---|
| 4137 | + | LCO No. 4566 111 of 138 |
---|
| 4138 | + | |
---|
| 4139 | + | (e) (1) No seller or seller's agent or employee shall electronically or 3266 |
---|
| 4140 | + | mechanically record or maintain any information derived from a 3267 |
---|
| 4141 | + | transaction scan, except the following: (A) The name and date of birth 3268 |
---|
| 4142 | + | of the person listed on the driver's license or identity card presented by 3269 |
---|
| 4143 | + | a cardholder; (B) the expiration date and identification number of the 3270 |
---|
| 4144 | + | driver's license or identity card presented by a cardholder. 3271 |
---|
| 4145 | + | (2) No seller or seller's agent or employee shall use a transaction 3272 |
---|
| 4146 | + | scan device for a purpose other than the purposes specified in 3273 |
---|
| 4147 | + | subsection (e) of section 53-344b, as amended by this act, subsection (d) 3274 |
---|
| 4148 | + | of this section or subsection (c) of section 30-86. 3275 |
---|
| 4149 | + | (3) No seller or seller's agent or employee shall sell or otherwise 3276 |
---|
| 4150 | + | disseminate the information derived from a transaction scan to any 3277 |
---|
| 4151 | + | third party, including, but not limited to, selling or otherwise 3278 |
---|
| 4152 | + | disseminating that information for any marketing, advertising or 3279 |
---|
| 4153 | + | promotional activities, but a seller or seller's agent or employee may 3280 |
---|
| 4154 | + | release that information pursuant to a court order. 3281 |
---|
| 4155 | + | (4) Nothing in subsection (d) of this section or this subsection 3282 |
---|
| 4156 | + | relieves a seller or seller's agent or employee of any responsibility to 3283 |
---|
| 4157 | + | comply with any other applicable state or federal laws or rules 3284 |
---|
| 4158 | + | governing the sale, giving away or other distribution of tobacco. 3285 |
---|
| 4159 | + | (5) Any person who violates this subsection shall be subject to a civil 3286 |
---|
| 4160 | + | penalty of not more than one thousand dollars. 3287 |
---|
| 4161 | + | (f) (1) In any prosecution of a seller or seller's agent or employee for 3288 |
---|
| 4162 | + | a violation of subsection (b) of this section, it shall be an affirmative 3289 |
---|
| 4163 | + | defense that all of the following occurred: (A) A cardholder attempting 3290 |
---|
| 4164 | + | to purchase or receive tobacco presented a driver's license or an 3291 |
---|
| 4165 | + | identity card; (B) a transaction scan of the driver's license or identity 3292 |
---|
| 4166 | + | card that the cardholder presented indicated that the license or card 3293 |
---|
| 4167 | + | was valid; and (C) the tobacco was sold, given away or otherwise 3294 |
---|
| 4168 | + | distributed to the cardholder in reasonable reliance upon the 3295 |
---|
| 4169 | + | identification presented and the completed transaction scan. 3296 |
---|
| 4170 | + | Governor's Bill No. 877 |
---|
| 4171 | + | |
---|
| 4172 | + | |
---|
| 4173 | + | |
---|
| 4174 | + | LCO No. 4566 112 of 138 |
---|
| 4175 | + | |
---|
| 4176 | + | (2) In determining whether a seller or seller's agent or employee has 3297 |
---|
| 4177 | + | proven the affirmative defense provided by subdivision (1) of this 3298 |
---|
| 4178 | + | section, the trier of fact in such prosecution shall consider that 3299 |
---|
| 4179 | + | reasonable reliance upon the identification presented and the 3300 |
---|
| 4180 | + | completed transaction scan may require a seller or seller's agent or 3301 |
---|
| 4181 | + | employee to exercise reasonable diligence and that the use of a 3302 |
---|
| 4182 | + | transaction scan device does not excuse a seller or seller's agent or 3303 |
---|
| 4183 | + | employee from exercising such reasonable diligence to determine the 3304 |
---|
| 4184 | + | following: (A) Whether a person to whom the seller or seller's agent or 3305 |
---|
| 4185 | + | employee sells, gives away or otherwise distributes tobacco is 3306 |
---|
| 4186 | + | [eighteen] twenty-one years of age or older; and (B) whether the 3307 |
---|
| 4187 | + | description and picture appearing on the driver's license or identity 3308 |
---|
| 4188 | + | card presented by a cardholder is that of the cardholder. 3309 |
---|
| 4189 | + | Sec. 52. Section 53-344b of the general statutes is repealed and the 3310 |
---|
| 4190 | + | following is substituted in lieu thereof (Effective October 1, 2019): 3311 |
---|
| 4191 | + | (a) As used in this section and sections 21a-415 and 21a-415a: 3312 |
---|
| 4192 | + | (1) "Electronic nicotine delivery system" means an electronic device 3313 |
---|
| 4193 | + | that may be used to simulate smoking in the delivery of nicotine or 3314 |
---|
| 4194 | + | other substance to a person inhaling from the device, and includes, but 3315 |
---|
| 4195 | + | is not limited to, an electronic cigarette, electronic cigar, electronic 3316 |
---|
| 4196 | + | cigarillo, electronic pipe or electronic hookah and any related device 3317 |
---|
| 4197 | + | and any cartridge, electronic cigarette liquid or other component of 3318 |
---|
| 4198 | + | such device; 3319 |
---|
| 4199 | + | (2) "Cardholder" means any person who presents a driver's license 3320 |
---|
| 4200 | + | or an identity card to a seller or seller's agent or employee, to purchase 3321 |
---|
| 4201 | + | or receive an electronic nicotine delivery system or vapor product from 3322 |
---|
| 4202 | + | such seller or seller's agent or employee; 3323 |
---|
| 4203 | + | (3) "Identity card" means an identification card issued in accordance 3324 |
---|
| 4204 | + | with the provisions of section 1-1h; 3325 |
---|
| 4205 | + | (4) "Transaction scan" means the process by which a seller or seller's 3326 |
---|
| 4206 | + | Governor's Bill No. 877 |
---|
| 4207 | + | |
---|
| 4208 | + | |
---|
| 4209 | + | |
---|
| 4210 | + | LCO No. 4566 113 of 138 |
---|
| 4211 | + | |
---|
| 4212 | + | agent or employee checks, by means of a transaction scan device, the 3327 |
---|
| 4213 | + | validity of a driver's license or an identity card; 3328 |
---|
| 4214 | + | (5) "Transaction scan device" means any commercial device or 3329 |
---|
| 4215 | + | combination of devices used at a point of sale that is capable of 3330 |
---|
| 4216 | + | deciphering in an electronically readable format the information 3331 |
---|
| 4217 | + | encoded on the magnetic strip or bar code of a driver's license or an 3332 |
---|
| 4218 | + | identity card; 3333 |
---|
| 4219 | + | (6) "Sale" or "sell" means an act done intentionally by any person, 3334 |
---|
| 4220 | + | whether done as principal, proprietor, agent, servant or employee, of 3335 |
---|
| 4221 | + | transferring, or offering or attempting to transfer, for consideration, an 3336 |
---|
| 4222 | + | electronic nicotine delivery system or vapor product, including 3337 |
---|
| 4223 | + | bartering or exchanging, or offering to barter or exchange, an 3338 |
---|
| 4224 | + | electronic nicotine delivery system or vapor product; 3339 |
---|
| 4225 | + | (7) "Give" or "giving" means an act done intentionally by any 3340 |
---|
| 4226 | + | person, whether done as principal, proprietor, agent, servant or 3341 |
---|
| 4227 | + | employee, of transferring, or offering or attempting to transfer, 3342 |
---|
| 4228 | + | without consideration, an electronic nicotine delivery system or vapor 3343 |
---|
| 4229 | + | product; 3344 |
---|
| 4230 | + | (8) "Deliver" or "delivering" means an act done intentionally by any 3345 |
---|
| 4231 | + | person, whether as principal, proprietor, agent, servant or employee, 3346 |
---|
| 4232 | + | of transferring, or offering or attempting to transfer, physical 3347 |
---|
| 4233 | + | possession or control of an electronic nicotine delivery system or vapor 3348 |
---|
| 4234 | + | product; 3349 |
---|
| 4235 | + | (9) "Vapor product" means any product that employs a heating 3350 |
---|
| 4236 | + | element, power source, electronic circuit or other electronic, chemical 3351 |
---|
| 4237 | + | or mechanical means, regardless of shape or size, to produce a vapor 3352 |
---|
| 4238 | + | that may or may not include nicotine, that is inhaled by the user of 3353 |
---|
| 4239 | + | such product; and 3354 |
---|
| 4240 | + | (10) "Electronic cigarette liquid" means a liquid that, when used in 3355 |
---|
| 4241 | + | an electronic nicotine delivery system or vapor product, produces a 3356 |
---|
| 4242 | + | Governor's Bill No. 877 |
---|
| 4243 | + | |
---|
| 4244 | + | |
---|
| 4245 | + | |
---|
| 4246 | + | LCO No. 4566 114 of 138 |
---|
| 4247 | + | |
---|
| 4248 | + | vapor that may or may not include nicotine and is inhaled by the user 3357 |
---|
| 4249 | + | of such electronic nicotine delivery system or vapor product. 3358 |
---|
| 4250 | + | (b) Any person who sells, gives or delivers to any person under 3359 |
---|
| 4251 | + | [eighteen] twenty-one years of age an electronic nicotine delivery 3360 |
---|
| 4252 | + | system or vapor product in any form shall be fined not more than two 3361 |
---|
| 4253 | + | hundred dollars for the first offense, not more than three hundred fifty 3362 |
---|
| 4254 | + | dollars for a second offense within a twenty-four-month period and 3363 |
---|
| 4255 | + | not more than five hundred dollars for each subsequent offense within 3364 |
---|
| 4256 | + | a twenty-four-month period. The provisions of this subsection shall 3365 |
---|
| 4257 | + | not apply to a person under [eighteen] twenty-one years of age who is 3366 |
---|
| 4258 | + | delivering or accepting delivery of an electronic nicotine delivery 3367 |
---|
| 4259 | + | system or vapor product (1) in such person's capacity as an employee, 3368 |
---|
| 4260 | + | or (2) as part of a scientific study being conducted by an organization 3369 |
---|
| 4261 | + | for the purpose of medical research to further efforts in tobacco use 3370 |
---|
| 4262 | + | prevention and cessation, provided such medical research has been 3371 |
---|
| 4263 | + | approved by the organization's institutional review board, as defined 3372 |
---|
| 4264 | + | in section 21a-408. 3373 |
---|
| 4265 | + | (c) Any person under [eighteen] twenty-one years of age who 3374 |
---|
| 4266 | + | purchases or misrepresents such person's age to purchase an electronic 3375 |
---|
| 4267 | + | nicotine delivery system or vapor product in any form or possesses an 3376 |
---|
| 4268 | + | electronic nicotine delivery system or vapor product in any form in 3377 |
---|
| 4269 | + | any public place shall be fined not more than fifty dollars for the first 3378 |
---|
| 4270 | + | offense and not less than fifty dollars or more than one hundred 3379 |
---|
| 4271 | + | dollars for each subsequent offense. For purposes of this subsection 3380 |
---|
| 4272 | + | "public place" means any area that is used or held out for use by the 3381 |
---|
| 4273 | + | public whether owned or operated by public or private interests. 3382 |
---|
| 4274 | + | (d) (1) A seller or seller's agent or employee may perform a 3383 |
---|
| 4275 | + | transaction scan to check the validity of a driver's license or identity 3384 |
---|
| 4276 | + | card presented by a cardholder as a condition for selling, giving or 3385 |
---|
| 4277 | + | otherwise delivering an electronic nicotine delivery system or vapor 3386 |
---|
| 4278 | + | product to the cardholder. 3387 |
---|
| 4279 | + | Governor's Bill No. 877 |
---|
| 4280 | + | |
---|
| 4281 | + | |
---|
| 4282 | + | |
---|
| 4283 | + | LCO No. 4566 115 of 138 |
---|
| 4284 | + | |
---|
| 4285 | + | (2) If the information deciphered by the transaction scan performed 3388 |
---|
| 4286 | + | under subdivision (1) of this subsection fails to match the information 3389 |
---|
| 4287 | + | printed on the driver's license or identity card presented by the 3390 |
---|
| 4288 | + | cardholder, or if the transaction scan indicates that the information so 3391 |
---|
| 4289 | + | printed is false or fraudulent, neither the seller nor any seller's agent or 3392 |
---|
| 4290 | + | employee shall sell, give or otherwise deliver any electronic nicotine 3393 |
---|
| 4291 | + | delivery system or vapor product to the cardholder. 3394 |
---|
| 4292 | + | (3) Subdivision (1) of this subsection does not preclude a seller or 3395 |
---|
| 4293 | + | seller's agent or employee from using a transaction scan device to 3396 |
---|
| 4294 | + | check the validity of a document other than a driver's license or an 3397 |
---|
| 4295 | + | identity card, if the document includes a bar code or magnetic strip 3398 |
---|
| 4296 | + | that may be scanned by the device, as a condition for selling, giving or 3399 |
---|
| 4297 | + | otherwise delivering an electronic nicotine delivery system or vapor 3400 |
---|
| 4298 | + | product to the person presenting the document. 3401 |
---|
| 4299 | + | (e) (1) No seller or seller's agent or employee shall electronically or 3402 |
---|
| 4300 | + | mechanically record or maintain any information derived from a 3403 |
---|
| 4301 | + | transaction scan, except the following: (A) The name and date of birth 3404 |
---|
| 4302 | + | of the person listed on the driver's license or identity card presented by 3405 |
---|
| 4303 | + | a cardholder; and (B) the expiration date and identification number of 3406 |
---|
| 4304 | + | the driver's license or identity card presented by a cardholder. 3407 |
---|
| 4305 | + | (2) No seller or seller's agent or employee shall use a transaction 3408 |
---|
| 4306 | + | scan device for a purpose other than the purposes specified in 3409 |
---|
| 4307 | + | subsection (d) of this section, subsection (d) of section 53-344, as 3410 |
---|
| 4308 | + | amended by this act, or subsection (c) of section 30-86. 3411 |
---|
| 4309 | + | (3) No seller or seller's agent or employee shall sell or otherwise 3412 |
---|
| 4310 | + | disseminate the information derived from a transaction scan to any 3413 |
---|
| 4311 | + | third party, including, but not limited to, selling or otherwise 3414 |
---|
| 4312 | + | disseminating that information for any marketing, advertising or 3415 |
---|
| 4313 | + | promotional activities, but a seller or seller's agent or employee may 3416 |
---|
| 4314 | + | release that information pursuant to a court order. 3417 |
---|
| 4315 | + | (4) Nothing in subsection (d) of this section or this subsection 3418 |
---|
| 4316 | + | Governor's Bill No. 877 |
---|
| 4317 | + | |
---|
| 4318 | + | |
---|
| 4319 | + | |
---|
| 4320 | + | LCO No. 4566 116 of 138 |
---|
| 4321 | + | |
---|
| 4322 | + | relieves a seller or seller's agent or employee of any responsibility to 3419 |
---|
| 4323 | + | comply with any other applicable state or federal laws or rules 3420 |
---|
| 4324 | + | governing selling, giving or otherwise delivering electronic nicotine 3421 |
---|
| 4325 | + | delivery systems or vapor products. 3422 |
---|
| 4326 | + | (5) Any person who violates this subsection shall be subject to a civil 3423 |
---|
| 4327 | + | penalty of not more than one thousand dollars. 3424 |
---|
| 4328 | + | (f) (1) In any prosecution of a seller or seller's agent or employee for 3425 |
---|
| 4329 | + | a violation of subsection (b) of this section, it shall be an affirmative 3426 |
---|
| 4330 | + | defense that all of the following occurred: (A) A cardholder attempting 3427 |
---|
| 4331 | + | to purchase or receive an electronic nicotine delivery system or vapor 3428 |
---|
| 4332 | + | product presented a driver's license or an identity card; (B) a 3429 |
---|
| 4333 | + | transaction scan of the driver's license or identity card that the 3430 |
---|
| 4334 | + | cardholder presented indicated that the license or card was valid; and 3431 |
---|
| 4335 | + | (C) the electronic nicotine delivery system or vapor product was sold, 3432 |
---|
| 4336 | + | given or otherwise delivered to the cardholder in reasonable reliance 3433 |
---|
| 4337 | + | upon the identification presented and the completed transaction scan. 3434 |
---|
| 4338 | + | (2) In determining whether a seller or seller's agent or employee has 3435 |
---|
| 4339 | + | proven the affirmative defense provided by subdivision (1) of this 3436 |
---|
| 4340 | + | section, the trier of fact in such prosecution shall consider that 3437 |
---|
| 4341 | + | reasonable reliance upon the identification presented and the 3438 |
---|
| 4342 | + | completed transaction scan may require a seller or seller's agent or 3439 |
---|
| 4343 | + | employee to exercise reasonable diligence and that the use of a 3440 |
---|
| 4344 | + | transaction scan device does not excuse a seller or seller's agent or 3441 |
---|
| 4345 | + | employee from exercising such reasonable diligence to determine the 3442 |
---|
| 4346 | + | following: (A) Whether a person to whom the seller or seller's agent or 3443 |
---|
| 4347 | + | employee sells, gives or otherwise delivers an electronic nicotine 3444 |
---|
| 4348 | + | delivery system or vapor product is [eighteen] twenty-one years of age 3445 |
---|
| 4349 | + | or older; and (B) whether the description and picture appearing on the 3446 |
---|
| 4350 | + | driver's license or identity card presented by a cardholder is that of the 3447 |
---|
| 4351 | + | cardholder. 3448 |
---|
| 4352 | + | (g) Each seller of electronic nicotine delivery systems or vapor 3449 |
---|
| 4353 | + | Governor's Bill No. 877 |
---|
| 4354 | + | |
---|
| 4355 | + | |
---|
| 4356 | + | |
---|
| 4357 | + | LCO No. 4566 117 of 138 |
---|
| 4358 | + | |
---|
| 4359 | + | products or such seller's agent or employee shall require a person who 3450 |
---|
| 4360 | + | is purchasing or attempting to purchase an electronic nicotine delivery 3451 |
---|
| 4361 | + | system or vapor product, whose age is in question, to exhibit proper 3452 |
---|
| 4362 | + | proof of age. If a person fails to provide such proof of age, such seller 3453 |
---|
| 4363 | + | or seller's agent or employee shall not sell an electronic nicotine 3454 |
---|
| 4364 | + | delivery system or vapor product to the person. As used in this 3455 |
---|
| 4365 | + | subsection, "proper proof" means a motor vehicle operator's license, a 3456 |
---|
| 4366 | + | valid passport or an identity card issued in accordance with the 3457 |
---|
| 4367 | + | provisions of section 1-1h. 3458 |
---|
| 4368 | + | Sec. 53. Section 21a-416 of the general statutes is repealed and the 3459 |
---|
| 4369 | + | following is substituted in lieu thereof (Effective October 1, 2019): 3460 |
---|
| 4370 | + | (a) For the purposes of this section: 3461 |
---|
| 4371 | + | (1) "Electronic nicotine delivery system" has the same meaning as 3462 |
---|
| 4372 | + | provided in section 19a-342. 3463 |
---|
| 4373 | + | (2) "Liquid nicotine container" has the same meaning as provided in 3464 |
---|
| 4374 | + | section 19a-342a. 3465 |
---|
| 4375 | + | [(2)] (3) "Vapor product" has the same meaning as provided in 3466 |
---|
| 4376 | + | section 19a-342. 3467 |
---|
| 4377 | + | (4) "Electronic cigarette liquid" has the same meaning as provided in 3468 |
---|
| 4378 | + | section 46 of this act. 3469 |
---|
| 4379 | + | (5) "Electronic cigarette products" has the same meaning as 3470 |
---|
| 4380 | + | provided in section 46 of this act. 3471 |
---|
| 4381 | + | [(3)] (6) "Retail establishment" has the same meaning as provided in 3472 |
---|
| 4382 | + | section 19a-106a. 3473 |
---|
| 4383 | + | (b) [(1)] Except as provided in [subdivision (3) of this] subsection (c) 3474 |
---|
| 4384 | + | of this section, no retail establishment may sell or offer for sale an 3475 |
---|
| 4385 | + | electronic [nicotine delivery system or a vapor] cigarette product by 3476 |
---|
| 4386 | + | any means other than an employee-assisted sale where the customer 3477 |
---|
| 4387 | + | Governor's Bill No. 877 |
---|
| 4388 | + | |
---|
| 4389 | + | |
---|
| 4390 | + | |
---|
| 4391 | + | LCO No. 4566 118 of 138 |
---|
| 4392 | + | |
---|
| 4393 | + | has no direct access to the electronic [nicotine delivery system or 3478 |
---|
| 4394 | + | vapor] cigarette product except through the assistance of the employee 3479 |
---|
| 4395 | + | of such retail establishment. 3480 |
---|
| 4396 | + | [(2) No retail establishment may sell or offer for sale an electronic 3481 |
---|
| 4397 | + | nicotine delivery system or a vapor product from a self-service 3482 |
---|
| 4398 | + | display.] 3483 |
---|
| 4399 | + | [(3)] (c) The provisions of [subdivisions (1) and (2) of this] 3484 |
---|
| 4400 | + | subsection (b) of this section shall not apply to a retail establishment if 3485 |
---|
| 4401 | + | [minors] persons under twenty-one years of age are prohibited from 3486 |
---|
| 4402 | + | entering the retail establishment and the prohibition on [minors] such 3487 |
---|
| 4403 | + | persons entering the retail establishment is posted clearly on all 3488 |
---|
| 4404 | + | entrances of the retail establishment. 3489 |
---|
| 4405 | + | Sec. 54. Section 12-435 of the general statutes is repealed and the 3490 |
---|
| 4406 | + | following is substituted in lieu thereof (Effective July 1, 2019): 3491 |
---|
| 4407 | + | Each distributor of alcoholic beverages shall pay a tax to the state on 3492 |
---|
| 4408 | + | all sales within the state of alcoholic beverages, except sales to licensed 3493 |
---|
| 4409 | + | distributors, sales of alcoholic beverages [which] that, in the course of 3494 |
---|
| 4410 | + | such sales, are actually transported to some point without the state and 3495 |
---|
| 4411 | + | except [malt beverages which are] beer that is consumed on the 3496 |
---|
| 4412 | + | premises covered by a manufacturer's permit, at the rates for the 3497 |
---|
| 4413 | + | respective categories of alcoholic beverages listed below: 3498 |
---|
| 4414 | + | [(a)] (1) Beer, except as provided in subdivision (2) of this section, 3499 |
---|
| 4415 | + | seven dollars and twenty cents for each barrel, three dollars and sixty 3500 |
---|
| 4416 | + | cents for each half barrel, one dollar and eighty cents for each quarter 3501 |
---|
| 4417 | + | barrel and twenty-four cents per wine gallon or fraction thereof on 3502 |
---|
| 4418 | + | quantities less than a quarter barrel; 3503 |
---|
| 4419 | + | (2) Beer sold on the premises covered by a manufacturer's permit for 3504 |
---|
| 4420 | + | off-premises consumption, three dollars and sixty cents for each barrel, 3505 |
---|
| 4421 | + | one dollar and eighty cents for each half barrel, ninety cents for each 3506 |
---|
| 4422 | + | quarter barrel and twelve cents per wine gallon or fraction thereof on 3507 |
---|
| 4423 | + | Governor's Bill No. 877 |
---|
| 4424 | + | |
---|
| 4425 | + | |
---|
| 4426 | + | |
---|
| 4427 | + | LCO No. 4566 119 of 138 |
---|
| 4428 | + | |
---|
| 4429 | + | quantities less than a quarter barrel; 3508 |
---|
| 4430 | + | [(b)] (3) Liquor, five dollars and forty cents per wine gallon; 3509 |
---|
| 4431 | + | [(c)] (4) Still wines containing not more than twenty-one per cent of 3510 |
---|
| 4432 | + | absolute alcohol, except as provided in [subsections (g) and (h)] 3511 |
---|
| 4433 | + | subdivisions (8) and (9) of this section, seventy-two cents per wine 3512 |
---|
| 4434 | + | gallon; 3513 |
---|
| 4435 | + | [(d)] (5) Still wines containing more than twenty-one per cent of 3514 |
---|
| 4436 | + | absolute alcohol and sparkling wines, one dollar and eighty cents per 3515 |
---|
| 4437 | + | wine gallon; 3516 |
---|
| 4438 | + | [(e)] (6) Alcohol in excess of 100 proof, five dollars and forty cents 3517 |
---|
| 4439 | + | per proof gallon; 3518 |
---|
| 4440 | + | [(f)] (7) Liquor coolers containing not more than seven per cent of 3519 |
---|
| 4441 | + | alcohol by volume, two dollars and forty-six cents per wine gallon; 3520 |
---|
| 4442 | + | [(g)] (8) Still wine containing not more than twenty-one per cent of 3521 |
---|
| 4443 | + | absolute alcohol, produced by a person who produces not more than 3522 |
---|
| 4444 | + | fifty-five thousand wine gallons of wine during the calendar year, 3523 |
---|
| 4445 | + | eighteen cents per wine gallon, provided such person presents to each 3524 |
---|
| 4446 | + | distributor of alcoholic beverages described in this section a certificate, 3525 |
---|
| 4447 | + | issued by the commissioner, stating that such person produces not 3526 |
---|
| 4448 | + | more than fifty-five thousand wine gallons of wine during the calendar 3527 |
---|
| 4449 | + | year. The commissioner is authorized to issue such certificates, 3528 |
---|
| 4450 | + | prescribe the procedures for obtaining such certificates and prescribe 3529 |
---|
| 4451 | + | their form; and 3530 |
---|
| 4452 | + | [(h)] (9) Cider containing not more than seven per cent of absolute 3531 |
---|
| 4453 | + | alcohol shall be subject to the same rate as applies to beer, as provided 3532 |
---|
| 4454 | + | in [subsection (a)] subdivision (1) of this section. 3533 |
---|
| 4455 | + | Sec. 55. Section 22a-243 of the general statutes is repealed and the 3534 |
---|
| 4456 | + | following is substituted in lieu thereof (Effective October 1, 2019): 3535 |
---|
| 4457 | + | Governor's Bill No. 877 |
---|
| 4458 | + | |
---|
| 4459 | + | |
---|
| 4460 | + | |
---|
| 4461 | + | LCO No. 4566 120 of 138 |
---|
| 4462 | + | |
---|
| 4463 | + | For purposes of sections 22a-243 to 22a-245c, inclusive: 3536 |
---|
| 4464 | + | (1) "Carbonated beverage" means beer or other malt beverages, and 3537 |
---|
| 4465 | + | mineral waters, soda water and similar carbonated soft drinks in liquid 3538 |
---|
| 4466 | + | form and intended for human consumption; 3539 |
---|
| 4467 | + | (2) "Noncarbonated beverage" means water, including flavored 3540 |
---|
| 4468 | + | water, nutritionally enhanced water and any beverage that is identified 3541 |
---|
| 4469 | + | through the use of letters, words or symbols on such beverage's 3542 |
---|
| 4470 | + | product label as a type of water, but excluding juice and mineral water; 3543 |
---|
| 4471 | + | (3) "Alcoholic beverage" means any wine or liquor, as those terms 3544 |
---|
| 4472 | + | are defined in section 12-433; 3545 |
---|
| 4473 | + | [(3)] (4) "Beverage container" means [the] a miniature or any other 3546 |
---|
| 4474 | + | individual, separate, sealed glass, metal or plastic bottle, can, jar or 3547 |
---|
| 4475 | + | carton containing a carbonated [or] beverage, a noncarbonated 3548 |
---|
| 4476 | + | beverage or an alcoholic beverage, but does not include a bottle, can, 3549 |
---|
| 4477 | + | jar or carton (A) three liters or more in size if containing a 3550 |
---|
| 4478 | + | noncarbonated beverage, or (B) made of high-density polyethylene; 3551 |
---|
| 4479 | + | (5) "Miniature" means any sealable bottle, can, jar or carton, that (A) 3552 |
---|
| 4480 | + | is primarily composed of glass, metal, plastic or any combination of 3553 |
---|
| 4481 | + | such materials, (B) is fifty milliliters or less in size, and (C) contains an 3554 |
---|
| 4482 | + | alcoholic beverage; 3555 |
---|
| 4483 | + | [(4)] (6) "Consumer" means every person who purchases a beverage 3556 |
---|
| 4484 | + | in a beverage container for use or consumption; 3557 |
---|
| 4485 | + | [(5)] (7) "Dealer" means every person who engages in the sale of 3558 |
---|
| 4486 | + | beverages in beverage containers to a consumer; 3559 |
---|
| 4487 | + | [(6)] (8) "Distributor" means every person who engages in the sale of 3560 |
---|
| 4488 | + | beverages in beverage containers to a dealer in this state including any 3561 |
---|
| 4489 | + | manufacturer who engages in such sale and includes a dealer who 3562 |
---|
| 4490 | + | engages in the sale of beverages in beverage containers on which no 3563 |
---|
| 4491 | + | deposit has been collected prior to retail sale; 3564 |
---|
| 4492 | + | Governor's Bill No. 877 |
---|
| 4493 | + | |
---|
| 4494 | + | |
---|
| 4495 | + | |
---|
| 4496 | + | LCO No. 4566 121 of 138 |
---|
| 4497 | + | |
---|
| 4498 | + | [(7)] (9) "Manufacturer" means every person bottling, canning or 3565 |
---|
| 4499 | + | otherwise filling beverage containers for sale to distributors or dealers 3566 |
---|
| 4500 | + | or, in the case of private label brands, the owner of the private label 3567 |
---|
| 4501 | + | trademark; 3568 |
---|
| 4502 | + | [(8)] (10) "Place of business of a dealer" means the fixed location at 3569 |
---|
| 4503 | + | which a dealer sells or offers for sale beverages in beverage containers 3570 |
---|
| 4504 | + | to consumers; 3571 |
---|
| 4505 | + | [(9)] (11) "Redemption center" means any facility established to 3572 |
---|
| 4506 | + | redeem empty beverage containers from consumers or to collect and 3573 |
---|
| 4507 | + | sort empty beverage containers from dealers and to prepare such 3574 |
---|
| 4508 | + | containers for redemption by the appropriate distributors; 3575 |
---|
| 4509 | + | [(10)] (12) "Use or consumption" includes the exercise of any right or 3576 |
---|
| 4510 | + | power over a beverage incident to the ownership thereof, other than 3577 |
---|
| 4511 | + | the sale or the keeping or retention of a beverage for the purposes of 3578 |
---|
| 4512 | + | sale; 3579 |
---|
| 4513 | + | [(11)] (13) "Nonrefillable beverage container" means a beverage 3580 |
---|
| 4514 | + | container [which] that is not designed to be refilled and reused in its 3581 |
---|
| 4515 | + | original shape; and 3582 |
---|
| 4516 | + | [(12)] (14) "Deposit initiator" means the first distributor to collect the 3583 |
---|
| 4517 | + | deposit on a beverage container sold to any person within this state. 3584 |
---|
| 4518 | + | Sec. 56. Section 22a-244 of the general statutes is repealed and the 3585 |
---|
| 4519 | + | following is substituted in lieu thereof (Effective October 1, 2019): 3586 |
---|
| 4520 | + | (a) (1) Every beverage container containing a carbonated beverage 3587 |
---|
| 4521 | + | sold or offered for sale in this state, except for any such beverage 3588 |
---|
| 4522 | + | containers sold or offered for sale for consumption on an interstate 3589 |
---|
| 4523 | + | passenger carrier, shall have a refund value. Such refund value shall 3590 |
---|
| 4524 | + | not be less than five cents and shall be a uniform amount throughout 3591 |
---|
| 4525 | + | the distribution process in this state. 3592 |
---|
| 4526 | + | (2) Every beverage container containing a noncarbonated beverage 3593 |
---|
| 4527 | + | Governor's Bill No. 877 |
---|
| 4528 | + | |
---|
| 4529 | + | |
---|
| 4530 | + | |
---|
| 4531 | + | LCO No. 4566 122 of 138 |
---|
| 4532 | + | |
---|
| 4533 | + | sold or offered for sale in this state shall have a refund value, except 3594 |
---|
| 4534 | + | for beverage containers containing a noncarbonated beverage that are 3595 |
---|
| 4535 | + | (A) sold or offered for sale for consumption on an interstate passenger 3596 |
---|
| 4536 | + | carrier, or (B) that comprise any dealer's existing inventory as of March 3597 |
---|
| 4537 | + | 31, 2009. Such refund value shall not be less than five cents and shall 3598 |
---|
| 4538 | + | be a uniform amount throughout the distribution process in this state. 3599 |
---|
| 4539 | + | (3) Every miniature that is sold or offered for sale in this state shall 3600 |
---|
| 4540 | + | have a refund value, except for miniatures that are (A) sold or offered 3601 |
---|
| 4541 | + | for sale for consumption on an interstate passenger carrier, or (B) that 3602 |
---|
| 4542 | + | comprise any dealer's existing inventory as of September 30, 2019. 3603 |
---|
| 4543 | + | Such refund value shall not be less than five cents and shall be a 3604 |
---|
| 4544 | + | uniform amount throughout the distribution process in this state. 3605 |
---|
| 4545 | + | (4) Every beverage container of greater than fifty milliliters but less 3606 |
---|
| 4546 | + | than two liters that contains an alcoholic beverage that is sold or 3607 |
---|
| 4547 | + | offered for sale in this state shall have a refund value, except for such 3608 |
---|
| 4548 | + | beverage containers that are (A) sold or offered for sale for 3609 |
---|
| 4549 | + | consumption on an interstate passenger carrier, or (B) that comprise 3610 |
---|
| 4550 | + | any dealer's existing inventory as of September 30, 2019. Such refund 3611 |
---|
| 4551 | + | value shall not be less than twenty-five cents and shall be a uniform 3612 |
---|
| 4552 | + | amount throughout the distribution process in this state. 3613 |
---|
| 4553 | + | (b) Every beverage container sold or offered for sale in this state, 3614 |
---|
| 4554 | + | that has a refund value pursuant to subsection (a) of this section, shall 3615 |
---|
| 4555 | + | clearly indicate by embossing or by a stamp or by a label or other 3616 |
---|
| 4556 | + | method securely affixed to the beverage container (1) either the refund 3617 |
---|
| 4557 | + | value of the container or the words "return for deposit" or "return for 3618 |
---|
| 4558 | + | refund" or other words as approved by the Department of Energy and 3619 |
---|
| 4559 | + | Environmental Protection, and (2) either the word "Connecticut" or the 3620 |
---|
| 4560 | + | abbreviation "Ct.", provided this subdivision shall not apply to glass 3621 |
---|
| 4561 | + | beverage containers permanently marked or embossed with a brand 3622 |
---|
| 4562 | + | name. 3623 |
---|
| 4563 | + | (c) No person shall sell or offer for sale in this state any metal 3624 |
---|
| 4564 | + | Governor's Bill No. 877 |
---|
| 4565 | + | |
---|
| 4566 | + | |
---|
| 4567 | + | |
---|
| 4568 | + | LCO No. 4566 123 of 138 |
---|
| 4569 | + | |
---|
| 4570 | + | beverage container (1) a part of which is designed to be detached in 3625 |
---|
| 4571 | + | order to open such container, or (2) that is connected to another 3626 |
---|
| 4572 | + | beverage container by a device constructed of a material which does 3627 |
---|
| 4573 | + | not decompose by photodegradation, chemical degradation or 3628 |
---|
| 4574 | + | biodegradation within a reasonable time after exposure to the 3629 |
---|
| 4575 | + | elements. 3630 |
---|
| 4576 | + | Sec. 57. Subsection (a) of section 12-541 of the general statutes is 3631 |
---|
| 4577 | + | repealed and the following is substituted in lieu thereof (Effective 3632 |
---|
| 4578 | + | October 1, 2019): 3633 |
---|
| 4579 | + | (a) There is hereby imposed a tax of ten per cent of the admission 3634 |
---|
| 4580 | + | charge to any place of amusement, entertainment or recreation, except 3635 |
---|
| 4581 | + | that no tax shall be imposed with respect to any admission charge (1) 3636 |
---|
| 4582 | + | when the admission charge is less than one dollar or, in the case of any 3637 |
---|
| 4583 | + | motion picture show, when the admission charge is not more than five 3638 |
---|
| 4584 | + | dollars, (2) when a daily admission charge is imposed which entitles 3639 |
---|
| 4585 | + | the patron to participate in an athletic or sporting activity, (3) to any 3640 |
---|
| 4586 | + | event, other than events held at the stadium facility, as defined in 3641 |
---|
| 4587 | + | section 32-651, if all of the proceeds from the event inure exclusively to 3642 |
---|
| 4588 | + | an entity [which] that is exempt from federal income tax under the 3643 |
---|
| 4589 | + | Internal Revenue Code, provided such entity actively engages in and 3644 |
---|
| 4590 | + | assumes the financial risk associated with the presentation of such 3645 |
---|
| 4591 | + | event, (4) to any event, other than events held at the stadium facility, as 3646 |
---|
| 4592 | + | defined in section 32-651, [which] that, in the opinion of the 3647 |
---|
| 4593 | + | commissioner, is conducted primarily to raise funds for an entity 3648 |
---|
| 4594 | + | [which] that is exempt from federal income tax under the Internal 3649 |
---|
| 4595 | + | Revenue Code, provided the commissioner is satisfied that the net 3650 |
---|
| 4596 | + | profit [which] that inures to such entity from such event will exceed 3651 |
---|
| 4597 | + | the amount of the admissions tax [which] that, but for this subdivision, 3652 |
---|
| 4598 | + | would be imposed upon the person making such charge to such event, 3653 |
---|
| 4599 | + | (5) other than for events held at the stadium facility, as defined in 3654 |
---|
| 4600 | + | section 32-651, paid by centers of service for elderly persons, as 3655 |
---|
| 4601 | + | described in section 17a-310, (6) to any production featuring live 3656 |
---|
| 4602 | + | performances by actors or musicians presented at Gateway's 3657 |
---|
| 4603 | + | Governor's Bill No. 877 |
---|
| 4604 | + | |
---|
| 4605 | + | |
---|
| 4606 | + | |
---|
| 4607 | + | LCO No. 4566 124 of 138 |
---|
| 4608 | + | |
---|
| 4609 | + | Candlewood Playhouse, Ocean Beach Park or any nonprofit theater or 3658 |
---|
| 4610 | + | playhouse in the state, provided such theater or playhouse possesses 3659 |
---|
| 4611 | + | evidence confirming exemption from federal tax under Section 501 of 3660 |
---|
| 4612 | + | the Internal Revenue Code, (7) to any carnival or amusement ride, (8) 3661 |
---|
| 4613 | + | to any interscholastic athletic event held at the stadium facility, as 3662 |
---|
| 4614 | + | defined in section 32-651, or (9) if the admission charge would have 3663 |
---|
| 4615 | + | been subject to tax under the provisions of section 12-542 of the general 3664 |
---|
| 4616 | + | statutes, revision of 1958, revised to January 1, 1999. On and after [July 3665 |
---|
| 4617 | + | 1, 2000] October 1, 2019, the tax imposed under this section on any 3666 |
---|
| 4618 | + | motion picture show shall be [eight] six and thirty-five-hundredths per 3667 |
---|
| 4619 | + | cent of the admission charge. [and, on and after July 1, 2001, the tax 3668 |
---|
| 4620 | + | imposed on any such motion picture show shall be six per cent of such 3669 |
---|
| 4621 | + | charge.] 3670 |
---|
| 4622 | + | Sec. 58. (NEW) (Effective from passage) (a) As used in this section: 3671 |
---|
| 4623 | + | (1) (A) "Caloric sweetener" means sugar or any form of sugar-based 3672 |
---|
| 4624 | + | substance, including, but not limited to, sucrose, fructose, glucose, 3673 |
---|
| 4625 | + | high-fructose corn syrup, honey or maple syrup, that adds calories to a 3674 |
---|
| 4626 | + | beverage; 3675 |
---|
| 4627 | + | (B) "Caloric sweetener" does not include a sugar substitute, an 3676 |
---|
| 4628 | + | artificial sweetener approved by the federal Food and Drug 3677 |
---|
| 4629 | + | Administration or a nonnutritive sweetener, including, but not limited 3678 |
---|
| 4630 | + | to, aspartame, saccharin, stevia or sucralose, that does not add calories 3679 |
---|
| 4631 | + | to a beverage; 3680 |
---|
| 4632 | + | (2) "Milk" means a fluid dairy or nondairy beverage from an animal 3681 |
---|
| 4633 | + | or a plant source and includes natural milk concentrate, whether or not 3682 |
---|
| 4634 | + | reconstituted, and milk powder or evaporated milk, whether or not 3683 |
---|
| 4635 | + | reconstituted; 3684 |
---|
| 4636 | + | (3) "Nonalcoholic beverage" means any beverage that contains less 3685 |
---|
| 4637 | + | than one-half of one per cent of alcohol by volume; 3686 |
---|
| 4638 | + | (4) "Person" has the same meaning as provided in section 12-1 of the 3687 |
---|
| 4639 | + | Governor's Bill No. 877 |
---|
| 4640 | + | |
---|
| 4641 | + | |
---|
| 4642 | + | |
---|
| 4643 | + | LCO No. 4566 125 of 138 |
---|
| 4644 | + | |
---|
| 4645 | + | general statutes; 3688 |
---|
| 4646 | + | (5) "Retailer" has the same meaning as described in section 12-407 of 3689 |
---|
| 4647 | + | the general statutes, as amended by this act; and 3690 |
---|
| 4648 | + | (6) (A) "Sweetened beverage" means any carbonated or 3691 |
---|
| 4649 | + | noncarbonated nonalcoholic beverage that (i) is intended for human 3692 |
---|
| 4650 | + | consumption, (ii) is ready for consumption without further processing 3693 |
---|
| 4651 | + | such as dilution or carbonation, and (iii) contains added caloric 3694 |
---|
| 4652 | + | sweetener; 3695 |
---|
| 4653 | + | (B) "Sweetened beverage" does not include (i) milk or any beverage 3696 |
---|
| 4654 | + | in which milk is the primary ingredient or is the first listed ingredient, 3697 |
---|
| 4655 | + | regardless of sugar content, (ii) dairy or nondairy creamer, regardless 3698 |
---|
| 4656 | + | of sugar content, (iii) any beverage that is one hundred per cent juice, 3699 |
---|
| 4657 | + | (iv) infant formula, (v) medical food, as defined in 21 USC 360ee, as 3700 |
---|
| 4658 | + | amended from time to time, (vi) any product in liquid form that is (I) 3701 |
---|
| 4659 | + | designed as oral nutrition therapy for individuals who may have a 3702 |
---|
| 4660 | + | limited ability to absorb or metabolize dietary nutrients from 3703 |
---|
| 4661 | + | traditional food or beverages, or (II) an oral rehydration electrolyte 3704 |
---|
| 4662 | + | solution to prevent or treat dehydration, (vii) any product sold in 3705 |
---|
| 4663 | + | liquid form that is designed as supplemental, meal replacement or 3706 |
---|
| 4664 | + | sole-source nutrition and includes proteins, carbohydrates and 3707 |
---|
| 4665 | + | multiple vitamins and minerals, (viii) any product sold in liquid form 3708 |
---|
| 4666 | + | that is designed for use for weight reduction, or (ix) any freshly 3709 |
---|
| 4667 | + | prepared coffee or tea beverage that is sold by a retailer for immediate 3710 |
---|
| 4668 | + | consumption. 3711 |
---|
| 4669 | + | (b) On and after July 1, 2020, there is imposed a tax on the sale of 3712 |
---|
| 4670 | + | any sweetened beverage sold by a retailer to a consumer within the 3713 |
---|
| 4671 | + | state at the rate of one and one-half cent per ounce of such beverage. 3714 |
---|
| 4672 | + | Such tax shall be in addition to any other tax applicable to such sale 3715 |
---|
| 4673 | + | and shall be included, for purposes of chapter 219 of the general 3716 |
---|
| 4674 | + | statutes, in the calculation of gross receipts. Each retailer shall collect 3717 |
---|
| 4675 | + | from the consumer the full amount of the tax imposed by this 3718 |
---|
| 4676 | + | Governor's Bill No. 877 |
---|
| 4677 | + | |
---|
| 4678 | + | |
---|
| 4679 | + | |
---|
| 4680 | + | LCO No. 4566 126 of 138 |
---|
| 4681 | + | |
---|
| 4682 | + | subsection. 3719 |
---|
| 4683 | + | (c) (1) Each retailer shall (A) file a return electronically with the 3720 |
---|
| 4684 | + | Commissioner of Revenue Services, on or before the last day of each 3721 |
---|
| 4685 | + | month, setting forth the amount of tax due for the preceding month 3722 |
---|
| 4686 | + | and such additional information as the commissioner may require, and 3723 |
---|
| 4687 | + | (B) make payment of the tax required under subsection (b) of this 3724 |
---|
| 4688 | + | section by electronic funds transfer in the manner provided by chapter 3725 |
---|
| 4689 | + | 228g of the general statutes. 3726 |
---|
| 4690 | + | (2) The commissioner may permit or require a retailer to file returns 3727 |
---|
| 4691 | + | or remit the tax on other than a monthly basis if the commissioner 3728 |
---|
| 4692 | + | deems it necessary to ensure payment or facilitate collection of the tax. 3729 |
---|
| 4693 | + | (d) The tax due under this section shall be subject to the penalties 3730 |
---|
| 4694 | + | and interest established under section 12-547 of the general statutes 3731 |
---|
| 4695 | + | and the amount of such tax, penalty or interest, due and unpaid, may 3732 |
---|
| 4696 | + | be collected under the provisions of section 12-35 of the general 3733 |
---|
| 4697 | + | statutes. 3734 |
---|
| 4698 | + | (e) Subject to the provisions of section 12-3a of the general statutes, 3735 |
---|
| 4699 | + | the commissioner may waive all or part of the penalties provided 3736 |
---|
| 4700 | + | under this section when it is proven to the commissioner's satisfaction 3737 |
---|
| 4701 | + | that the failure to remit the tax was due to reasonable cause and was 3738 |
---|
| 4702 | + | not intentional or due to neglect. 3739 |
---|
| 4703 | + | (f) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 3740 |
---|
| 4704 | + | 12-555a of the general statutes shall apply to the provisions of this 3741 |
---|
| 4705 | + | section in the same manner and with the same force and effect as if the 3742 |
---|
| 4706 | + | language of said sections had been incorporated in full into this section 3743 |
---|
| 4707 | + | and had expressly referred to the fee imposed under this section, 3744 |
---|
| 4708 | + | except to the extent that any such provision is inconsistent with a 3745 |
---|
| 4709 | + | provision of this section. 3746 |
---|
| 4710 | + | (g) The commissioner may adopt regulations in accordance with the 3747 |
---|
| 4711 | + | provisions of chapter 54 of the general statutes, and make rulings, not 3748 |
---|
| 4712 | + | Governor's Bill No. 877 |
---|
| 4713 | + | |
---|
| 4714 | + | |
---|
| 4715 | + | |
---|
| 4716 | + | LCO No. 4566 127 of 138 |
---|
| 4717 | + | |
---|
| 4718 | + | inconsistent with law, to carry into effect the provisions of this section, 3749 |
---|
| 4719 | + | which regulations or rulings, when reasonably designed to carry out 3750 |
---|
| 4720 | + | the intent and purpose of this section, shall be prima facie evidence of 3751 |
---|
| 4721 | + | its proper interpretation. 3752 |
---|
| 4722 | + | (h) At the close of each fiscal year commencing with the fiscal year 3753 |
---|
| 4723 | + | ending June 30, 2021, the Comptroller is authorized to record as 3754 |
---|
| 4724 | + | revenue for such fiscal year the amount of the tax imposed under the 3755 |
---|
| 4725 | + | provisions of this section that is received by the commissioner not later 3756 |
---|
| 4726 | + | than five business days from the last day of July immediately 3757 |
---|
| 4727 | + | following the end of such fiscal year. 3758 |
---|
| 4728 | + | Sec. 59. (Effective from passage) The Secretary of the Office of Policy 3759 |
---|
| 4729 | + | and Management, in consultation with the Commissioners of Public 3760 |
---|
| 4730 | + | Health and Revenue Services, shall conduct a study to define "junk 3761 |
---|
| 4731 | + | food" and examine the administrative feasibility of imposing a tax on 3762 |
---|
| 4732 | + | such junk food. Not later than January 1, 2020, the secretary shall 3763 |
---|
| 4733 | + | submit a report, in accordance with the provisions of section 11-4a of 3764 |
---|
| 4734 | + | the general statutes, of the results of such study to the joint standing 3765 |
---|
| 4735 | + | committees of the General Assembly having cognizance of matters 3766 |
---|
| 4736 | + | relating to public health and finance and revenue. 3767 |
---|
| 4737 | + | Sec. 60. (NEW) (Effective October 1, 2019) (a) As used in this section: 3768 |
---|
| 4738 | + | (1) "Single-use checkout bag" means a plastic bag with a thickness of 3769 |
---|
| 4739 | + | less than four mils that is provided by a store to a customer at the point 3770 |
---|
| 4740 | + | of sale. "Single-use checkout bag" does not include: (A) A compostable 3771 |
---|
| 4741 | + | plastic bag; (B) a bag provided to contain meat, seafood, loose produce 3772 |
---|
| 4742 | + | or other unwrapped food items; (C) a newspaper bag; or (D) a laundry 3773 |
---|
| 4743 | + | or dry cleaning bag; 3774 |
---|
| 4744 | + | (2) "Compostable plastic bag" means a plastic bag that (A) conforms 3775 |
---|
| 4745 | + | to the American Society of Testing Materials (ASTM) standard D6400; 3776 |
---|
| 4746 | + | (B) is certified and labeled as meeting the ASTM standard D6400 3777 |
---|
| 4747 | + | standard specification by a recognized verification entity; and (C) is 3778 |
---|
| 4748 | + | capable of undergoing biological decomposition in a compost site such 3779 |
---|
| 4749 | + | Governor's Bill No. 877 |
---|
| 4750 | + | |
---|
| 4751 | + | |
---|
| 4752 | + | |
---|
| 4753 | + | LCO No. 4566 128 of 138 |
---|
| 4754 | + | |
---|
| 4755 | + | that the material breaks down into carbon dioxide, water, inorganic 3780 |
---|
| 4756 | + | compounds and biomass at a rate consistent with known compostable 3781 |
---|
| 4757 | + | materials; and 3782 |
---|
| 4758 | + | (3) "Store" means any retailer, as defined in section 12-407 of the 3783 |
---|
| 4759 | + | general statutes, as amended by this act, that maintains a retail store 3784 |
---|
| 4760 | + | within the state and sells tangible personal property directly to the 3785 |
---|
| 4761 | + | public. 3786 |
---|
| 4762 | + | (b) Each store shall charge a fee of ten cents for each single-use 3787 |
---|
| 4763 | + | checkout bag provided to a customer at the point of sale. The store 3788 |
---|
| 4764 | + | shall indicate the number of single-use checkout bags provided and 3789 |
---|
| 4765 | + | the total amount of the fee charged on any transaction receipt provided 3790 |
---|
| 4766 | + | to a customer. Any fees collected pursuant to this subsection shall be 3791 |
---|
| 4767 | + | excluded from gross receipts under chapter 219 of the general statutes. 3792 |
---|
| 4768 | + | (c) Each store shall report all fees collected pursuant to subsection 3793 |
---|
| 4769 | + | (b) of this section to the Commissioner of Revenue Services with its 3794 |
---|
| 4770 | + | return due under section 12-414 of the general statutes and remit 3795 |
---|
| 4771 | + | payment at the same time and in the same form and manner required 3796 |
---|
| 4772 | + | under 12-414 of the general statutes. 3797 |
---|
| 4773 | + | (d) Any fees due and unpaid under this section shall be subject to 3798 |
---|
| 4774 | + | the penalties and interest established under section 12-419 of the 3799 |
---|
| 4775 | + | general statutes and the amount of such fee, penalty or interest, due 3800 |
---|
| 4776 | + | and unpaid, may be collected under the provisions of section 12-35 of 3801 |
---|
| 4777 | + | the general statutes as if they were taxes due to the state. 3802 |
---|
| 4778 | + | (e) The provisions of sections 12-415, 12-416 and 12-421 to 12-428, 3803 |
---|
| 4779 | + | inclusive, of the general statutes shall apply to the provisions of this 3804 |
---|
| 4780 | + | section in the same manner and with the same force and effect as if the 3805 |
---|
| 4781 | + | language of said sections had been incorporated in full into this section 3806 |
---|
| 4782 | + | and had expressly referred to the fee imposed under this section, 3807 |
---|
| 4783 | + | except to the extent that any such provision is inconsistent with a 3808 |
---|
| 4784 | + | provision of this section. 3809 |
---|
| 4785 | + | Governor's Bill No. 877 |
---|
| 4786 | + | |
---|
| 4787 | + | |
---|
| 4788 | + | |
---|
| 4789 | + | LCO No. 4566 129 of 138 |
---|
| 4790 | + | |
---|
| 4791 | + | (f) The Commissioner of Revenue Services, in consultation with the 3810 |
---|
| 4792 | + | Commissioner of Energy and Environmental Protection, may adopt 3811 |
---|
| 4793 | + | regulations in accordance with the provisions of chapter 54 of the 3812 |
---|
| 4794 | + | general statutes, to carry out the provisions of this section. 3813 |
---|
| 4795 | + | (g) At the close of each fiscal year commencing with the fiscal year 3814 |
---|
| 4796 | + | ending June 30, 2020, the Comptroller is authorized to record as 3815 |
---|
| 4797 | + | revenue for such fiscal year the amount of the fee imposed under the 3816 |
---|
| 4798 | + | provisions of this section that is received by the Commissioner of 3817 |
---|
| 4799 | + | Revenue Services not later than five business days from the last day of 3818 |
---|
| 4800 | + | July immediately following the end of such fiscal year. 3819 |
---|
| 4801 | + | Sec. 61. Subsection (a) of section 34-38n of the general statutes is 3820 |
---|
| 4802 | + | repealed and the following is substituted in lieu thereof (Effective July 3821 |
---|
| 4803 | + | 1, 2019): 3822 |
---|
| 4804 | + | (a) The Secretary of the State shall receive, for filing any document 3823 |
---|
| 4805 | + | or certificate required to be filed under sections 34-10, 34-13a, 34-13e, 3824 |
---|
| 4806 | + | 34-32, 34-32a, 34-32c, 34-38g and 34-38s, the following fees: (1) For 3825 |
---|
| 4807 | + | reservation or cancellation of reservation of name, sixty dollars; (2) for 3826 |
---|
| 4808 | + | a certificate of limited partnership and appointment of statutory agent, 3827 |
---|
| 4809 | + | one hundred twenty dollars; (3) for a certificate of amendment, one 3828 |
---|
| 4810 | + | hundred twenty dollars; (4) for a certificate of merger or consolidation, 3829 |
---|
| 4811 | + | sixty dollars; (5) for a certificate of registration, one hundred twenty 3830 |
---|
| 4812 | + | dollars; (6) for a change of agent or change of address of agent, twenty 3831 |
---|
| 4813 | + | dollars; (7) for a certificate of reinstatement, one hundred twenty 3832 |
---|
| 4814 | + | dollars; and (8) for an annual report, [twenty] one hundred dollars. 3833 |
---|
| 4815 | + | Sec. 62. Subsection (a) of section 34-243u of the general statutes is 3834 |
---|
| 4816 | + | repealed and the following is substituted in lieu thereof (Effective July 3835 |
---|
| 4817 | + | 1, 2019): 3836 |
---|
| 4818 | + | (a) Fees for filing documents and issuing certificates: (1) Filing an 3837 |
---|
| 4819 | + | application to reserve a limited liability company name or to cancel a 3838 |
---|
| 4820 | + | reserved limited liability company name, sixty dollars; (2) filing a 3839 |
---|
| 4821 | + | transfer of reserved limited liability company name, sixty dollars; (3) 3840 |
---|
| 4822 | + | Governor's Bill No. 877 |
---|
| 4823 | + | |
---|
| 4824 | + | |
---|
| 4825 | + | |
---|
| 4826 | + | LCO No. 4566 130 of 138 |
---|
| 4827 | + | |
---|
| 4828 | + | filing a certificate of organization, including appointment of registered 3841 |
---|
| 4829 | + | agent, one hundred twenty dollars; (4) filing a change of address of 3842 |
---|
| 4830 | + | agent certificate or change of agent certificate, fifty dollars; (5) filing a 3843 |
---|
| 4831 | + | notice of resignation of registered agent, fifty dollars; (6) filing an 3844 |
---|
| 4832 | + | amendment to certificate of organization, one hundred twenty dollars; 3845 |
---|
| 4833 | + | (7) filing a restated certificate of organization, one hundred twenty 3846 |
---|
| 4834 | + | dollars; (8) filing a certificate of merger, sixty dollars; (9) filing a 3847 |
---|
| 4835 | + | certificate of interest exchange, sixty dollars; (10) filing a certificate of 3848 |
---|
| 4836 | + | abandonment, fifty dollars; (11) filing a certificate of reinstatement, one 3849 |
---|
| 4837 | + | hundred twenty dollars; (12) filing a foreign registration certificate by a 3850 |
---|
| 4838 | + | foreign limited liability company to transact business in this state, one 3851 |
---|
| 4839 | + | hundred twenty dollars; (13) filing an application of foreign limited 3852 |
---|
| 4840 | + | liability company for amended foreign registration certificate, one 3853 |
---|
| 4841 | + | hundred twenty dollars; (14) filing a certificate of withdrawal of 3854 |
---|
| 4842 | + | registration under section 34-275h, one hundred twenty dollars; (15) 3855 |
---|
| 4843 | + | filing an annual report, [twenty] one hundred dollars; (16) filing an 3856 |
---|
| 4844 | + | interim notice of change of manager or member, twenty dollars; (17) 3857 |
---|
| 4845 | + | filing a registration of name or a renewal of registration of name, sixty 3858 |
---|
| 4846 | + | dollars; (18) filing a statement of correction, one hundred dollars; and 3859 |
---|
| 4847 | + | (19) filing a transfer of registration, sixty dollars plus the qualification 3860 |
---|
| 4848 | + | fee. 3861 |
---|
| 4849 | + | Sec. 63. Subsection (a) of section 34-413 of the general statutes is 3862 |
---|
| 4850 | + | repealed and the following is substituted in lieu thereof (Effective July 3863 |
---|
| 4851 | + | 1, 2019): 3864 |
---|
| 4852 | + | (a) Fees for filing documents and processing certificates: (1) Filing 3865 |
---|
| 4853 | + | application to reserve a registered limited liability partnership name or 3866 |
---|
| 4854 | + | to cancel a reserved limited liability partnership name, sixty dollars; (2) 3867 |
---|
| 4855 | + | filing transfer of reserved registered limited liability partnership name, 3868 |
---|
| 4856 | + | sixty dollars; (3) filing change of address of statutory agent or change 3869 |
---|
| 4857 | + | of statutory agent, fifty dollars; (4) filing certificate of limited liability 3870 |
---|
| 4858 | + | partnership, one hundred twenty dollars; (5) filing amendment to 3871 |
---|
| 4859 | + | certificate of limited liability partnership, one hundred twenty dollars; 3872 |
---|
| 4860 | + | (6) filing certificate of authority to transact business in this state, 3873 |
---|
| 4861 | + | Governor's Bill No. 877 |
---|
| 4862 | + | |
---|
| 4863 | + | |
---|
| 4864 | + | |
---|
| 4865 | + | LCO No. 4566 131 of 138 |
---|
| 4866 | + | |
---|
| 4867 | + | including appointment of statutory agent, one hundred twenty dollars; 3874 |
---|
| 4868 | + | (7) filing amendment to certificate of authority to transact business in 3875 |
---|
| 4869 | + | this state, one hundred twenty dollars; (8) filing an annual report, 3876 |
---|
| 4870 | + | [twenty] one hundred dollars; (9) filing statement of merger, sixty 3877 |
---|
| 4871 | + | dollars; and (10) filing certificate of reinstatement, one hundred twenty 3878 |
---|
| 4872 | + | dollars. 3879 |
---|
| 4873 | + | Sec. 64. Subsection (a) of section 19a-7p of the general statutes is 3880 |
---|
| 4874 | + | repealed and the following is substituted in lieu thereof (Effective July 3881 |
---|
| 4875 | + | 1, 2019): 3882 |
---|
| 4876 | + | (a) Not later than September first, annually, the Secretary of the 3883 |
---|
| 4877 | + | Office of Policy and Management, in consultation with the 3884 |
---|
| 4878 | + | Commissioner of Public Health, shall (1) determine the amounts 3885 |
---|
| 4879 | + | appropriated for the syringe services program, children's health 3886 |
---|
| 4880 | + | initiatives, AIDS services, breast and cervical cancer detection and 3887 |
---|
| 4881 | + | treatment, x-ray screening and tuberculosis care, and sexually 3888 |
---|
| 4882 | + | transmitted disease control; and (2) inform the Insurance 3889 |
---|
| 4883 | + | Commissioner of such amounts. 3890 |
---|
| 4884 | + | Sec. 65. (Effective July 1, 2019) Not later than June 30, 2020, the 3891 |
---|
| 4885 | + | Comptroller may transfer up to $20,000,000 of the resources of the 3892 |
---|
| 4886 | + | Special Transportation Fund for the fiscal year ending June 30, 2020, to 3893 |
---|
| 4887 | + | be accounted for as revenue of the Special Transportation Fund for the 3894 |
---|
| 4888 | + | fiscal year ending June 30, 2021. 3895 |
---|
| 4889 | + | Sec. 66. Subdivision (1) of subsection (a) of section 12-217 of the 3896 |
---|
| 4890 | + | general statutes is repealed and the following is substituted in lieu 3897 |
---|
| 4891 | + | thereof (Effective from passage): 3898 |
---|
| 4892 | + | (a) (1) In arriving at net income as defined in section 12-213, whether 3899 |
---|
| 4893 | + | or not the taxpayer is taxable under the federal corporation net income 3900 |
---|
| 4894 | + | tax, there shall be deducted from gross income, (A) all items deductible 3901 |
---|
| 4895 | + | under the Internal Revenue Code effective and in force on the last day 3902 |
---|
| 4896 | + | of the income year except (i) any taxes imposed under the provisions 3903 |
---|
| 4897 | + | of this chapter which are paid or accrued in the income year and in the 3904 |
---|
| 4898 | + | Governor's Bill No. 877 |
---|
| 4899 | + | |
---|
| 4900 | + | |
---|
| 4901 | + | |
---|
| 4902 | + | LCO No. 4566 132 of 138 |
---|
| 4903 | + | |
---|
| 4904 | + | income year commencing January 1, 1989, and thereafter, any taxes in 3905 |
---|
| 4905 | + | any state of the United States or any political subdivision of such state, 3906 |
---|
| 4906 | + | or the District of Columbia, imposed on or measured by the income or 3907 |
---|
| 4907 | + | profits of a corporation which are paid or accrued in the income year, 3908 |
---|
| 4908 | + | (ii) deductions for depreciation, which shall be allowed as provided in 3909 |
---|
| 4909 | + | subsection (b) of this section, (iii) deductions for qualified domestic 3910 |
---|
| 4910 | + | production activities income, as provided in Section 199 of the Internal 3911 |
---|
| 4911 | + | Revenue Code, and (iv) in the case of any captive real estate 3912 |
---|
| 4912 | + | investment trust, the deduction for dividends paid provided under 3913 |
---|
| 4913 | + | Section 857(b)(2) of the Internal Revenue Code, and (B) additionally, in 3914 |
---|
| 4914 | + | the case of a regulated investment company, the sum of (i) the exempt-3915 |
---|
| 4915 | + | interest dividends, as defined in the Internal Revenue Code, and (ii) 3916 |
---|
| 4916 | + | expenses, bond premium, and interest related to tax-exempt income 3917 |
---|
| 4917 | + | that are disallowed as deductions under the Internal Revenue Code, 3918 |
---|
| 4918 | + | and (C) in the case of a taxpayer maintaining an international banking 3919 |
---|
| 4919 | + | facility as defined in the laws of the United States or the regulations of 3920 |
---|
| 4920 | + | the Board of Governors of the Federal Reserve System, as either may 3921 |
---|
| 4921 | + | be amended from time to time, the gross income attributable to the 3922 |
---|
| 4922 | + | international banking facility, provided, no expense or loss attributable 3923 |
---|
| 4923 | + | to the international banking facility shall be a deduction under any 3924 |
---|
| 4924 | + | provision of this section, and (D) additionally, in the case of all 3925 |
---|
| 4925 | + | taxpayers, all dividends as defined in the Internal Revenue Code 3926 |
---|
| 4926 | + | effective and in force on the last day of the income year not otherwise 3927 |
---|
| 4927 | + | deducted from gross income, including dividends received from a 3928 |
---|
| 4928 | + | DISC or former DISC as defined in Section 992 of the Internal Revenue 3929 |
---|
| 4929 | + | Code and dividends deemed to have been distributed by a DISC or 3930 |
---|
| 4930 | + | former DISC as provided in Section 995 of said Internal Revenue Code, 3931 |
---|
| 4931 | + | other than thirty per cent of dividends received from a domestic 3932 |
---|
| 4932 | + | corporation in which the taxpayer owns less than twenty per cent of 3933 |
---|
| 4933 | + | the total voting power and value of the stock of such corporation, and 3934 |
---|
| 4934 | + | (E) additionally, in the case of all taxpayers, the value of any capital 3935 |
---|
| 4935 | + | gain realized from the sale of any land, or interest in land, to the state, 3936 |
---|
| 4936 | + | any political subdivision of the state, or to any nonprofit land 3937 |
---|
| 4937 | + | conservation organization where such land is to be permanently 3938 |
---|
| 4938 | + | Governor's Bill No. 877 |
---|
| 4939 | + | |
---|
| 4940 | + | |
---|
| 4941 | + | |
---|
| 4942 | + | LCO No. 4566 133 of 138 |
---|
| 4943 | + | |
---|
| 4944 | + | preserved as protected open space or to a water company, as defined 3939 |
---|
| 4945 | + | in section 25-32a, where such land is to be permanently preserved as 3940 |
---|
| 4946 | + | protected open space or as Class I or Class II water company land, and 3941 |
---|
| 4947 | + | (F) in the case of manufacturers, the amount of any contribution to a 3942 |
---|
| 4948 | + | manufacturing reinvestment account established pursuant to section 3943 |
---|
| 4949 | + | 32-9zz in the income year that such contribution is made to the extent 3944 |
---|
| 4950 | + | not deductible for federal income tax purposes, [(G) additionally, to 3945 |
---|
| 4951 | + | the extent allowable under subsection (g) of section 32-776, the amount 3946 |
---|
| 4952 | + | paid by a 7/7 participant, as defined in section 32-776, for the 3947 |
---|
| 4953 | + | remediation of a brownfield,] and [(H)] (G) the amount of any 3948 |
---|
| 4954 | + | contribution made on or after December 23, 2017, by the state of 3949 |
---|
| 4955 | + | Connecticut or a political subdivision thereof to the extent included in 3950 |
---|
| 4956 | + | a company's gross income under Section 118(b)(2) of the Internal 3951 |
---|
| 4957 | + | Revenue Code. 3952 |
---|
| 4958 | + | Sec. 67. Sections 12-704f and 32-776 of the general statutes are 3953 |
---|
| 4959 | + | repealed. (Effective from passage and applicable to taxable years commencing 3954 |
---|
| 4960 | + | on or after January 1, 2019) 3955 |
---|
| 4961 | + | Sec. 68. Section 12-407e of the general statutes is repealed. (Effective 3956 |
---|
| 4962 | + | July 1, 2019) 3957 |
---|
| 4963 | + | Sec. 69. Subdivisions (91), (96), (102), (105), (108), (109), (114) and 3958 |
---|
| 4964 | + | (121) of section 12-412 of the general statutes are repealed. (Effective 3959 |
---|
| 4965 | + | January 1, 2020) 3960 |
---|