Connecticut 2019 Regular Session

Connecticut Senate Bill SB00877 Compare Versions

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7-General Assembly Substitute Bill No. 877
3+LCO No. 4566 1 of 138
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5+General Assembly Governor's Bill No. 877
86 January Session, 2019
7+LCO No. 4566
8+
9+
10+Referred to Committee on FINANCE, REVENUE AND
11+BONDING
12+
13+
14+Introduced by:
15+SEN. LOONEY, 11
16+th
17+ Dist.
18+SEN. DUFF, 25
19+th
20+ Dist.
21+REP. ARESIMOWICZ, 30
22+th
23+ Dist.
24+REP. RITTER M., 1
25+st
26+ Dist.
27+
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1433 AN ACT CONCERNING RE VENUE ITEMS TO IMPLEMENT THE
15-BIENNIAL BUDGET.
34+GOVERNOR'S BUDGET.
1635 Be it enacted by the Senate and House of Representatives in General
1736 Assembly convened:
1837
19-Section 1. (Effective from passage) (a) The Department of Revenue 1
20-Services shall analyze the impact on taxpayers of implementing a 2
21-payroll tax of five per cent on wages and reducing the personal income 3
22-tax rates under section 12-700 of the general statutes on wage income 4
23-by four percentage points for individuals in the top three income tax 5
24-brackets and five percentage points for individuals in all other income 6
25-tax brackets. Such analysis shall determine (1) the net federal and state 7
26-income tax liability for wage income for each income tax bracket for all 8
27-taxpayers, and (2) the refundable income tax credits that would be 9
28-necessary for taxpayers in certain income tax brackets to ensure that no 10
29-income tax bracket realizes an overall increase in income tax liability. 11
30-Such analysis shall include tables showing the adjusted net federal and 12
31-state income tax liability for each tax bracket for all taxpayers and 13
32-information about the rates, bases and credits required to implement 14
33-such reduction. 15
34-(b) Not later than January 1, 2020, the Commissioner of Revenue 16
35-Services shall submit such analysis, in accordance with the provisions 17
36-of section 11-4a of the general statutes, to the joint standing committee 18
37-of the General Assembly having cognizance of matters relating to 19 Substitute Bill No. 877
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43-
44-finance, revenue and bonding. 20
45-Sec. 2. Subparagraph (B) of subdivision (20) of subsection (a) of 21
46-section 12-701 of the general statutes is repealed and the following is 22
47-substituted in lieu thereof (Effective from passage and applicable to taxable 23
48-years commencing on or after January 1, 2019): 24
49-(B) There shall be subtracted therefrom: 25
50-(i) To the extent properly includable in gross income for federal 26
51-income tax purposes, any income with respect to which taxation by 27
52-any state is prohibited by federal law; 28
53-(ii) To the extent allowable under section 12-718, exempt dividends 29
54-paid by a regulated investment company; 30
55-(iii) To the extent properly includable in gross income for federal 31
56-income tax purposes, the amount of any refund or credit for 32
57-overpayment of income taxes imposed by this state, or any other state 33
58-of the United States or a political subdivision thereof, or the District of 34
59-Columbia; 35
60-(iv) To the extent properly includable in gross income for federal 36
61-income tax purposes and not otherwise subtracted from federal 37
62-adjusted gross income pursuant to clause (x) of this subparagraph in 38
63-computing Connecticut adjusted gross income, any tier 1 railroad 39
64-retirement benefits; 40
65-(v) To the extent any additional allowance for depreciation under 41
66-Section 168(k) of the Internal Revenue Code for property placed in 42
67-service after September 27, 2017, was added to federal adjusted gross 43
68-income pursuant to subparagraph (A)(ix) of this subdivision in 44
69-computing Connecticut adjusted gross income, twenty-five per cent of 45
70-such additional allowance for depreciation in each of the four 46
71-succeeding taxable years; 47
72-(vi) To the extent properly includable in gross income for federal 48 Substitute Bill No. 877
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78-
79-income tax purposes, any interest income from obligations issued by or 49
80-on behalf of the state of Connecticut, any political subdivision thereof, 50
81-or public instrumentality, state or local authority, district or similar 51
82-public entity created under the laws of the state of Connecticut; 52
83-(vii) To the extent properly includable in determining the net gain 53
84-or loss from the sale or other disposition of capital assets for federal 54
85-income tax purposes, any gain from the sale or exchange of obligations 55
86-issued by or on behalf of the state of Connecticut, any political 56
87-subdivision thereof, or public instrumentality, state or local authority, 57
88-district or similar public entity created under the laws of the state of 58
89-Connecticut, in the income year such gain was recognized; 59
90-(viii) Any interest on indebtedness incurred or continued to 60
91-purchase or carry obligations or securities the interest on which is 61
92-subject to tax under this chapter but exempt from federal income tax, 62
93-to the extent that such interest on indebtedness is not deductible in 63
94-determining federal adjusted gross income and is attributable to a 64
95-trade or business carried on by such individual; 65
96-(ix) Ordinary and necessary expenses paid or incurred during the 66
97-taxable year for the production or collection of income which is subject 67
98-to taxation under this chapter but exempt from federal income tax, or 68
99-the management, conservation or maintenance of property held for the 69
100-production of such income, and the amortizable bond premium for the 70
101-taxable year on any bond the interest on which is subject to tax under 71
102-this chapter but exempt from federal income tax, to the extent that 72
103-such expenses and premiums are not deductible in determining federal 73
104-adjusted gross income and are attributable to a trade or business 74
105-carried on by such individual; 75
106-(x) (I) For taxable years commencing prior to January 1, 2019, for a 76
107-person who files a return under the federal income tax as an 77
108-unmarried individual whose federal adjusted gross income for such 78
109-taxable year is less than fifty thousand dollars, or as a married 79
110-individual filing separately whose federal adjusted gross income for 80 Substitute Bill No. 877
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112-
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116-
117-such taxable year is less than fifty thousand dollars, or for a husband 81
118-and wife who file a return under the federal income tax as married 82
119-individuals filing jointly whose federal adjusted gross income for such 83
120-taxable year is less than sixty thousand dollars or a person who files a 84
121-return under the federal income tax as a head of household whose 85
122-federal adjusted gross income for such taxable year is less than sixty 86
123-thousand dollars, an amount equal to the Social Security benefits 87
124-includable for federal income tax purposes; 88
125-(II) For taxable years commencing prior to January 1, 2019, for a 89
126-person who files a return under the federal income tax as an 90
127-unmarried individual whose federal adjusted gross income for such 91
128-taxable year is fifty thousand dollars or more, or as a married 92
129-individual filing separately whose federal adjusted gross income for 93
130-such taxable year is fifty thousand dollars or more, or for a husband 94
131-and wife who file a return under the federal income tax as married 95
132-individuals filing jointly whose federal adjusted gross income from 96
133-such taxable year is sixty thousand dollars or more or for a person who 97
134-files a return under the federal income tax as a head of household 98
135-whose federal adjusted gross income for such taxable year is sixty 99
136-thousand dollars or more, an amount equal to the difference between 100
137-the amount of Social Security benefits includable for federal income tax 101
138-purposes and the lesser of twenty-five per cent of the Social Security 102
139-benefits received during the taxable year, or twenty-five per cent of the 103
140-excess described in Section 86(b)(1) of the Internal Revenue Code; 104
141-(III) For the taxable year commencing January 1, 2019, and each 105
142-taxable year thereafter, for a person who files a return under the 106
143-federal income tax as an unmarried individual whose federal adjusted 107
144-gross income for such taxable year is less than seventy-five thousand 108
145-dollars, or as a married individual filing separately whose federal 109
146-adjusted gross income for such taxable year is less than seventy-five 110
147-thousand dollars, or for a husband and wife who file a return under 111
148-the federal income tax as married individuals filing jointly whose 112
149-federal adjusted gross income for such taxable year is less than one 113 Substitute Bill No. 877
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151-
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155-
156-hundred thousand dollars or a person who files a return under the 114
157-federal income tax as a head of household whose federal adjusted 115
158-gross income for such taxable year is less than one hundred thousand 116
159-dollars, an amount equal to the Social Security benefits includable for 117
160-federal income tax purposes; and 118
161-(IV) For the taxable year commencing January 1, 2019, and each 119
162-taxable year thereafter, for a person who files a return under the 120
163-federal income tax as an unmarried individual whose federal adjusted 121
164-gross income for such taxable year is seventy-five thousand dollars or 122
165-more, or as a married individual filing separately whose federal 123
166-adjusted gross income for such taxable year is seventy-five thousand 124
167-dollars or more, or for a husband and wife who file a return under the 125
168-federal income tax as married individuals filing jointly whose federal 126
169-adjusted gross income from such taxable year is one hundred 127
170-thousand dollars or more or for a person who files a return under the 128
171-federal income tax as a head of household whose federal adjusted 129
172-gross income for such taxable year is one hundred thousand dollars or 130
173-more, an amount equal to the difference between the amount of Social 131
174-Security benefits includable for federal income tax purposes and the 132
175-lesser of twenty-five per cent of the Social Security benefits received 133
176-during the taxable year, or twenty-five per cent of the excess described 134
177-in Section 86(b)(1) of the Internal Revenue Code; 135
178-(xi) To the extent properly includable in gross income for federal 136
179-income tax purposes, any amount rebated to a taxpayer pursuant to 137
180-section 12-746; 138
181-(xii) To the extent properly includable in the gross income for 139
182-federal income tax purposes of a designated beneficiary, any 140
183-distribution to such beneficiary from any qualified state tuition 141
184-program, as defined in Section 529(b) of the Internal Revenue Code, 142
185-established and maintained by this state or any official, agency or 143
186-instrumentality of the state; 144
187-(xiii) To the extent allowable under section 12-701a, contributions to 145 Substitute Bill No. 877
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193-
194-accounts established pursuant to any qualified state tuition program, 146
195-as defined in Section 529(b) of the Internal Revenue Code, established 147
196-and maintained by this state or any official, agency or instrumentality 148
197-of the state; 149
198-(xiv) To the extent properly includable in gross income for federal 150
199-income tax purposes, the amount of any Holocaust victims' settlement 151
200-payment received in the taxable year by a Holocaust victim; 152
201-(xv) To the extent properly includable in gross income for federal 153
202-income tax purposes of an account holder, as defined in section 31-154
203-51ww, interest earned on funds deposited in the individual 155
204-development account, as defined in section 31-51ww, of such account 156
205-holder; 157
206-(xvi) To the extent properly includable in the gross income for 158
207-federal income tax purposes of a designated beneficiary, as defined in 159
208-section 3-123aa, interest, dividends or capital gains earned on 160
209-contributions to accounts established for the designated beneficiary 161
210-pursuant to the Connecticut Homecare Option Program for the Elderly 162
211-established by sections 3-123aa to 3-123ff, inclusive; 163
212-(xvii) To the extent properly includable in gross income for federal 164
213-income tax purposes, any income received from the United States 165
214-government as retirement pay for a retired member of (I) the Armed 166
215-Forces of the United States, as defined in Section 101 of Title 10 of the 167
216-United States Code, or (II) the National Guard, as defined in Section 168
217-101 of Title 10 of the United States Code; 169
218-(xviii) To the extent properly includable in gross income for federal 170
219-income tax purposes for the taxable year, any income from the 171
220-discharge of indebtedness in connection with any reacquisition, after 172
221-December 31, 2008, and before January 1, 2011, of an applicable debt 173
222-instrument or instruments, as those terms are defined in Section 108 of 174
223-the Internal Revenue Code, as amended by Section 1231 of the 175
224-American Recovery and Reinvestment Act of 2009, to the extent any 176 Substitute Bill No. 877
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230-
231-such income was added to federal adjusted gross income pursuant to 177
232-subparagraph (A)(xi) of this subdivision in computing Connecticut 178
233-adjusted gross income for a preceding taxable year; 179
234-(xix) To the extent not deductible in determining federal adjusted 180
235-gross income, the amount of any contribution to a manufacturing 181
236-reinvestment account established pursuant to section 32-9zz in the 182
237-taxable year that such contribution is made; 183
238-(xx) To the extent properly includable in gross income for federal 184
239-income tax purposes, (I) for the taxable year commencing January 1, 185
240-2015, ten per cent of the income received from the state teachers' 186
241-retirement system, (II) for the taxable years commencing January 1, 187
242-2016, [January 1, 2017, and January 1, 2018] to January 1, 2020, 188
243-inclusive, twenty-five per cent of the income received from the state 189
244-teachers' retirement system, and (III) for the taxable year commencing 190
245-January 1, [2019] 2021, and each taxable year thereafter, fifty per cent of 191
246-the income received from the state teachers' retirement system or the 192
247-percentage, if applicable, pursuant to clause (xxi) of this subparagraph; 193
248-(xxi) To the extent properly includable in gross income for federal 194
249-income tax purposes, except for retirement benefits under clause (iv) of 195
250-this subparagraph and retirement pay under clause (xvii) of this 196
251-subparagraph, for a person who files a return under the federal income 197
252-tax as an unmarried individual whose federal adjusted gross income 198
253-for such taxable year is less than seventy-five thousand dollars, or as a 199
254-married individual filing separately whose federal adjusted gross 200
255-income for such taxable year is less than seventy-five thousand dollars, 201
256-or as a head of household whose federal adjusted gross income for 202
257-such taxable year is less than seventy-five thousand dollars, or for a 203
258-husband and wife who file a return under the federal income tax as 204
259-married individuals filing jointly whose federal adjusted gross income 205
260-for such taxable year is less than one hundred thousand dollars, (I) for 206
261-the taxable year commencing January 1, 2019, fourteen per cent of any 207
262-pension or annuity income, (II) for the taxable year commencing 208
263-January 1, 2020, twenty-eight per cent of any pension or annuity 209 Substitute Bill No. 877
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269-
270-income, (III) for the taxable year commencing January 1, 2021, forty-210
271-two per cent of any pension or annuity income, (IV) for the taxable 211
272-year commencing January 1, 2022, fifty-six per cent of any pension or 212
273-annuity income, (V) for the taxable year commencing January 1, 2023, 213
274-seventy per cent of any pension or annuity income, (VI) for the taxable 214
275-year commencing January 1, 2024, eighty-four per cent of any pension 215
276-or annuity income, and (VII) for the taxable year commencing January 216
277-1, 2025, and each taxable year thereafter, any pension or annuity 217
278-income; 218
279-(xxii) The amount of lost wages and medical, travel and housing 219
280-expenses, not to exceed ten thousand dollars in the aggregate, incurred 220
281-by a taxpayer during the taxable year in connection with the donation 221
282-to another person of an organ for organ transplantation occurring on 222
283-or after January 1, 2017; 223
284-(xxiii) To the extent properly includable in gross income for federal 224
285-income tax purposes, the amount of any financial assistance received 225
286-from the Crumbling Foundations Assistance Fund or paid to or on 226
287-behalf of the owner of a residential building pursuant to sections 8-442 227
288-and 8-443; [, and] 228
289-(xxiv) To the extent properly includable in gross income for federal 229
290-income tax purposes, the amount calculated pursuant to subsection (b) 230
291-of section 12-704g for income received by a general partner of a 231
292-venture capital fund, as defined in 17 CFR 275.203(l)-1, as amended 232
293-from time to time; and 233
294-(xxv) To the extent any portion of a deduction under Section 179 of 234
295-the Internal Revenue Code was added to federal adjusted gross income 235
296-pursuant to subparagraph (A)(xiv) of this subdivision in computing 236
297-Connecticut adjusted gross income, twenty-five per cent of such 237
298-disallowed portion of the deduction in each of the four succeeding 238
299-taxable years. 239
300-Sec. 3. (NEW) (Effective January 1, 2020) (a) For taxable years 240 Substitute Bill No. 877
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306-
307-commencing on or after January 1, 2020, there is imposed a surcharge 241
308-on a taxpayer, excluding a trust or an estate, whose Connecticut 242
309-adjusted gross income is equal to or greater than the threshold amount 243
310-specified in section 12-700 of the general statutes for imposition of the 244
311-highest marginal rate on such taxpayer. Such surcharge shall be at the 245
312-rate of two per cent of the net gain from the sale or exchange of capital 246
313-assets, as determined for federal income tax purposes, that are 247
314-includable in such taxpayer's Connecticut adjusted gross income and 248
315-are derived from or connected with sources within this state. The 249
316-surcharge shall be in addition to any other tax, fee or surcharge for 250
317-which the taxpayer is liable. 251
318-(b) Each taxpayer subject to the surcharge shall file a return, in 252
319-accordance with the provisions of subsection (a) of section 12-719 of 253
320-the general statutes, with the Commissioner of Revenue Services in 254
321-such form and containing such information as the commissioner may 255
322-prescribe. Such return shall accurately set forth the amount of the net 256
323-gain calculated pursuant to subsection (a) of this section for the taxable 257
324-year and the amount of the taxpayer's surcharge liability for such year. 258
325-A person required to file a return under this section shall, without 259
326-assessment, notice or demand, pay any surcharge due thereon to the 260
327-commissioner on or before the date specified in subsection (a) of 261
328-section 12-719 of the general statutes, determined without regard to 262
329-any extension of time for filing the return. 263
330-(c) If any person fails to pay the amount of the surcharge reported 264
331-due on a return under this section within the time specified, there shall 265
332-be imposed a penalty equal to ten per cent of such amount due and 266
333-unpaid, or fifty dollars, whichever is greater. Such amount shall bear 267
334-interest at the rate of one per cent per month or fraction thereof, from 268
335-the due date of such surcharge until the date of payment. Subject to the 269
336-provisions of section 12-3a of the general statutes, the commissioner 270
337-may waive all or part of the penalties provided under this section 271
338-when it is proven to the commissioner's satisfaction that the failure to 272
339-pay any surcharge was due to reasonable cause and was not 273 Substitute Bill No. 877
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345-
346-intentional or due to neglect. 274
347-(d) The provisions of sections 12-550 to 12-554, inclusive, and 275
348-sections 12-555a, 12-723, 12-728, 12-729 and 12-733 of the general 276
349-statutes shall apply to the provisions of this section in the same 277
350-manner and with the same force and effect as if the language of said 278
351-sections had been incorporated in full into this section and had 279
352-expressly referred to the surcharge under this section, except to the 280
353-extent that any provision is inconsistent with a provision in this 281
354-section. 282
355-(e) The commissioner may adopt regulations, in accordance with the 283
356-provisions of chapter 54 of the general statutes, to implement the 284
357-provisions of this section. 285
358-(f) At the close of each fiscal year commencing with the fiscal year 286
359-ending June 30, 2020, the Comptroller is authorized to record as 287
360-revenue for such fiscal year the amount of the surcharge imposed 288
361-under this section that is received by the commissioner not later than 289
362-five business days from the last day of July immediately following the 290
363-end of such fiscal year. 291
364-Sec. 4. Section 12-640 of the general statutes is repealed and the 292
365-following is substituted in lieu thereof (Effective from passage and 293
366-applicable to gifts made on or after January 1, 2019): 294
367-For [the calendar year 1991 and each year thereafter] calendar years 295
368-commencing January 1, 1991, but prior to January 1, 2019, a tax 296
369-computed as provided in section 12-642, as amended by this act, is 297
370-hereby imposed on the transfer of property by gift during such taxable 298
371-year by any individual resident or nonresident provided, for the 299
372-calendar year commencing January 1, 1991, such tax shall be imposed 300
373-only on those gifts [which are] that were transferred on or after 301
374-September 1, 1991. 302
375-Sec. 5. Section 12-642 of the general statutes is repealed and the 303
376-following is substituted in lieu thereof (Effective from passage): 304 Substitute Bill No. 877
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382-
383-(a) (1) With respect to calendar years commencing prior to January 305
384-1, 2001, the tax imposed by section 12-640, as amended by this act, for 306
385-the calendar year shall be at a rate of the taxable gifts made by the 307
386-donor during the calendar year set forth in the following schedule: 308
38+Section 1. (NEW) (Effective from passage and applicable to taxable years 1
39+commencing on or after January 1, 2023) (a) (1) As used in this section, 2
40+"property tax" and "motor vehicle" have the same meanings as 3
41+provided in section 12-704c of the general statutes, as amended by this 4
42+act. 5
43+(2) For the purposes of this section, property tax first becomes due, 6
44+if due and payable in a single installment, on the date designated by 7
45+the legislative body of the municipality as the date on which such 8
46+installment shall be due and payable and, if due and payable in two or 9
47+more installments, on the date designated by the legislative body of 10
48+the municipality as the date on which such installment shall be due 11
49+Governor's Bill No. 877
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55+and payable or, at the election of the taxpayer, on the date designated 12
56+by the legislative body of the municipality as the date on which any 13
57+earlier installment of such tax shall be due and payable. 14
58+(b) For taxable years commencing on or after January 1, 2023, any 15
59+resident of this state, as defined in subdivision (1) of subsection (a) of 16
60+section 12-701 of the general statutes, subject to the tax under chapter 17
61+229 of the general statutes for any taxable year shall be entitled to a 18
62+credit in determining the amount of tax liability under chapter 229 of 19
63+the general statutes, for all or a portion, as permitted by this section, of 20
64+the amount of property tax, as defined in this section, first becoming 21
65+due and actually paid during such taxable year by such person on such 22
66+person's primary residence or motor vehicle in accordance with the 23
67+provisions of this section, provided in the case of a person who files a 24
68+return under the federal income tax for such taxable year as an 25
69+unmarried individual, a married individual filing separately or a head 26
70+of household, one motor vehicle shall be eligible for such credit and in 27
71+the case of persons who file a return under federal income tax for such 28
72+taxable year as married individuals filing jointly, no more than two 29
73+motor vehicles shall be eligible for a credit under the provisions of this 30
74+section. The credit allowed under this section shall be in addition to 31
75+the credit allowed under section 12-704c of the general statutes, as 32
76+amended by this act, for which a resident is eligible. 33
77+(c) (1) The credit allowed under this section shall be calculated by 34
78+determining the amount by which a taxpayer's property tax paid 35
79+during the taxable year exceeds six and one-half per cent of such 36
80+taxpayer's Connecticut adjusted gross income and multiplying such 37
81+excess amount by 0.333. 38
82+(2) The credit allowed under this section shall not exceed one 39
83+thousand two hundred dollars. In the case of any persons who file a 40
84+return under the federal income tax for such taxable year as married 41
85+individuals filing a joint return, the credit allowed, in the aggregate, 42
86+shall not exceed such amount for each such taxable year. 43
87+Governor's Bill No. 877
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92+
93+(d) The credit allowed under the provisions of this section shall be 44
94+available for any person renting a primary residence in the state. Such 45
95+renter shall be entitled to the credit in accordance with the provisions 46
96+of this section and the amount of the credit shall be calculated as 47
97+though the renter paid the property tax on such primary residence in 48
98+an amount equal to eighteen per cent of the total amount of rent, 49
99+exclusive of any interest, fees, deposits or charges, actually paid by the 50
100+renter during the taxable year for which the credit is claimed. 51
101+(e) The credit allowed under the provisions of this section shall be 52
102+available for any person leasing a motor vehicle pursuant to a written 53
103+agreement for a term of more than one year. Such lessee shall be 54
104+entitled to the credit in accordance with the provisions of this section 55
105+for the taxes actually paid by the lessor or lessee on such leased 56
106+vehicle, provided the lessee was lawfully in possession of the motor 57
107+vehicle at such time when the taxes first became due. The lessor shall 58
108+provide the lessee with documentation establishing, to the satisfaction 59
109+of the Commissioner of Revenue Services, the amount of property tax 60
110+paid during the time period in which the lessee was lawfully in 61
111+possession of the motor vehicle. The lessor of the motor vehicle shall 62
112+not be entitled to a credit under the provisions of this section. 63
113+(f) The credit may only be used to reduce a qualifying taxpayer's tax 64
114+liability for the year for which such credit is applicable and shall not be 65
115+used to reduce such tax liability to less than zero. 66
116+(g) The amount of tax due pursuant to sections 12-705 and 12-722 of 67
117+the general statutes shall be calculated without regard to this credit. 68
118+Sec. 2. Section 12-704c of the general statutes is repealed and the 69
119+following is substituted in lieu thereof (Effective from passage): 70
120+(a) Any resident of this state, as defined in subdivision (1) of 71
121+subsection (a) of section 12-701, subject to the tax under this chapter for 72
122+any taxable year shall be entitled to a credit in determining the amount 73
123+of tax liability under this chapter, for all or a portion, as permitted by 74
124+Governor's Bill No. 877
125+
126+
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129+
130+this section, of the amount of property tax, as defined in this section, 75
131+first becoming due and actually paid during such taxable year by such 76
132+person on such person's primary residence or motor vehicle in 77
133+accordance with the provisions of this section, provided in the case of a 78
134+person who files a return under the federal income tax for such taxable 79
135+year as an unmarried individual, a married individual filing separately 80
136+or a head of household, one motor vehicle shall be eligible for such 81
137+credit and in the case of [a husband and wife] persons who file a return 82
138+under federal income tax for such taxable year as married individuals 83
139+filing jointly, no more than two motor vehicles shall be eligible for a 84
140+credit under the provisions of this section. 85
141+(b) (1) The credit allowed under this section shall not exceed (A) [for 86
142+taxable years commencing on or after January 1, 2006, but prior to 87
143+January 1, 2011, five hundred dollars; (B)] for taxable years 88
144+commencing on or after January 1, 2011, but prior to January 1, 2016, 89
145+three hundred dollars; and [(C)] (B) for taxable years commencing on 90
146+or after January 1, 2016, two hundred dollars. In the case of any 91
147+[husband and wife] persons who file a return under the federal income 92
148+tax for such taxable year as married individuals filing a joint return, 93
149+the credit allowed, in the aggregate, shall not exceed such [amounts] 94
150+amount for each such taxable year. 95
151+(2) Notwithstanding the provisions of subsection (a) of this section, 96
152+for the taxable years commencing January 1, 2017, and January 1, 2018, 97
153+the credit under this section shall be allowed only for a resident of this 98
154+state (A) who has attained age sixty-five before the close of the 99
155+applicable taxable year, or (B) who files a return under the federal 100
156+income tax for the applicable taxable year validly claiming one or more 101
157+dependents. 102
158+[(c) (1) (A) For taxable years commencing prior to January 1, 2000, in 103
159+the case of any such taxpayer who files under the federal income tax 104
160+for such taxable year as an unmarried individual whose Connecticut 105
161+adjusted gross income exceeds fifty-two thousand five hundred 106
162+Governor's Bill No. 877
163+
164+
165+
166+LCO No. 4566 5 of 138
167+
168+dollars, the amount of the credit that exceeds one hundred dollars shall 107
169+be reduced by ten per cent for each ten thousand dollars, or fraction 108
170+thereof, by which the taxpayer's Connecticut adjusted gross income 109
171+exceeds said amount. 110
172+(B) For taxable years commencing on or after January 1, 2000, but 111
173+prior to January 1, 2001, in the case of any such taxpayer who files 112
174+under the federal income tax for such taxable year as an unmarried 113
175+individual whose Connecticut adjusted gross income exceeds fifty-114
176+three thousand five hundred dollars, the amount of the credit that 115
177+exceeds one hundred dollars shall be reduced by ten per cent for each 116
178+ten thousand dollars, or fraction thereof, by which the taxpayer's 117
179+Connecticut adjusted gross income exceeds said amount. 118
180+(C) For taxable years commencing on or after January 1, 2001, but 119
181+prior to January 1, 2004, in the case of any such taxpayer who files 120
182+under the federal income tax for such taxable year as an unmarried 121
183+individual whose Connecticut adjusted gross income exceeds fifty-four 122
184+thousand five hundred dollars, the amount of the credit shall be 123
185+reduced by ten per cent for each ten thousand dollars, or fraction 124
186+thereof, by which the taxpayer's Connecticut adjusted gross income 125
187+exceeds said amount. 126
188+(D) For taxable years commencing on or after January 1, 2004, but 127
189+prior to January 1, 2007, in the case of any such taxpayer who files 128
190+under the federal income tax for such taxable year as an unmarried 129
191+individual whose Connecticut adjusted gross income exceeds fifty-five 130
192+thousand dollars, the amount of the credit shall be reduced by ten per 131
193+cent for each ten thousand dollars, or fraction thereof, by which the 132
194+taxpayer's Connecticut adjusted gross income exceeds said amount. 133
195+(E) For taxable years commencing on or after January 1, 2007, but 134
196+prior to January 1, 2008, in the case of any such taxpayer who files 135
197+under the federal income tax for such taxable year as an unmarried 136
198+individual whose Connecticut adjusted gross income exceeds fifty-five 137
199+Governor's Bill No. 877
200+
201+
202+
203+LCO No. 4566 6 of 138
204+
205+thousand five hundred dollars, the amount of the credit shall be 138
206+reduced by ten per cent for each ten thousand dollars, or fraction 139
207+thereof, by which the taxpayer's Connecticut adjusted gross income 140
208+exceeds said amount. 141
209+(F) For taxable years commencing on or after January 1, 2008, but 142
210+prior to January 1, 2011, in the case of any such taxpayer who files 143
211+under the federal income tax for such taxable year as an unmarried 144
212+individual whose Connecticut adjusted gross income exceeds fifty-six 145
213+thousand five hundred dollars, the amount of the credit shall be 146
214+reduced by ten per cent for each ten thousand dollars, or fraction 147
215+thereof, by which the taxpayer's Connecticut adjusted gross income 148
216+exceeds said amount.] 149
217+[(G)] (c) (1) (A) For taxable years commencing on or after January 1, 150
218+2011, but prior to January 1, 2013, in the case of any such taxpayer who 151
219+files under the federal income tax for such taxable year as an 152
220+unmarried individual whose Connecticut adjusted gross income 153
221+exceeds fifty-six thousand five hundred dollars, the amount of the 154
222+credit shall be reduced by fifteen per cent for each ten thousand 155
223+dollars, or fraction thereof, by which the taxpayer's Connecticut 156
224+adjusted gross income exceeds said amount. 157
225+[(H)] (B) For taxable years commencing on or after January 1, 2013, 158
226+but prior to January 1, 2014, in the case of any such taxpayer who files 159
227+under the federal income tax for such taxable year as an unmarried 160
228+individual whose Connecticut adjusted gross income exceeds sixty 161
229+thousand five hundred dollars, the amount of the credit shall be 162
230+reduced by fifteen per cent for each ten thousand dollars, or fraction 163
231+thereof, by which the taxpayer's Connecticut adjusted gross income 164
232+exceeds said amount. 165
233+[(I)] (C) For taxable years commencing on or after January 1, 2014, 166
234+but prior to January 1, 2016, in the case of any such taxpayer who files 167
235+under the federal income tax for such taxable year as an unmarried 168
236+Governor's Bill No. 877
237+
238+
239+
240+LCO No. 4566 7 of 138
241+
242+individual whose Connecticut adjusted gross income exceeds forty-169
243+seven thousand five hundred dollars, the amount of the credit shall be 170
244+reduced by fifteen per cent for each ten thousand dollars, or fraction 171
245+thereof, by which the taxpayer's Connecticut adjusted gross income 172
246+exceeds said amount. 173
247+[(J)] (D) For taxable years commencing on or after January 1, 2016, in 174
248+the case of any such taxpayer who files under the federal income tax 175
249+for such taxable year as an unmarried individual whose Connecticut 176
250+adjusted gross income exceeds forty-nine thousand five hundred 177
251+dollars, the amount of the credit shall be reduced by fifteen per cent for 178
252+each ten thousand dollars, or fraction thereof, by which the taxpayer's 179
253+Connecticut adjusted gross income exceeds said amount. 180
254+(2) In the case of any such taxpayer who files under the federal 181
255+income tax for such taxable year as a married individual filing 182
256+separately whose Connecticut adjusted gross income exceeds thirty-183
257+five thousand two hundred fifty dollars, the amount of the credit shall 184
258+be reduced by fifteen per cent for each five thousand dollars, or 185
259+fraction thereof, by which the taxpayer's Connecticut adjusted gross 186
260+income exceeds said amount. 187
261+(3) In the case of a taxpayer who files under the federal income tax 188
262+for such taxable year as a head of household whose Connecticut 189
263+adjusted gross income exceeds fifty-four thousand five hundred 190
264+dollars, the amount of the credit shall be reduced by fifteen per cent for 191
265+each ten thousand dollars or fraction thereof, by which the taxpayer's 192
266+Connecticut adjusted gross income exceeds said amount. 193
267+(4) In the case of a taxpayer who files under federal income tax for 194
268+such taxable year as married individuals filing jointly whose 195
269+Connecticut adjusted gross income exceeds seventy thousand five 196
270+hundred dollars, the amount of the credit shall be reduced by fifteen 197
271+per cent for each ten thousand dollars, or fraction thereof, by which the 198
272+taxpayer's Connecticut adjusted gross income exceeds said amount. 199
273+Governor's Bill No. 877
274+
275+
276+
277+LCO No. 4566 8 of 138
278+
279+(d) The credit allowed under the provisions of this section shall be 200
280+available for any person leasing a motor vehicle pursuant to a written 201
281+agreement for a term of more than one year. Such lessee shall be 202
282+entitled to the credit in accordance with the provisions of this section 203
283+for the taxes actually paid by the lessor or lessee on such leased 204
284+vehicle, provided the lessee was lawfully in possession of the motor 205
285+vehicle at such time when the taxes first became due. The lessor shall 206
286+provide the lessee with documentation establishing, to the satisfaction 207
287+of the Commissioner of Revenue Services, the amount of property tax 208
288+paid during the time period in which the lessee was lawfully in 209
289+possession of the motor vehicle. The lessor of the motor vehicle shall 210
290+not be entitled to a credit under the provisions of this section. 211
291+(e) The credit may only be used to reduce [such] a qualifying 212
292+taxpayer's tax liability for the year for which such credit is applicable 213
293+and shall not be used to reduce such tax liability to less than zero. 214
294+(f) The amount of tax due pursuant to sections 12-705 and 12-722 215
295+shall be calculated without regard to this credit. 216
296+(g) For the purposes of this section: (1) "Property tax" means the 217
297+amount of property tax, exclusive of any interest, fees or charges 218
298+thereon, for which a taxpayer is liable, or in the case of any [husband 219
299+and wife] persons who file a return under the federal income tax for 220
300+such taxable year as married individuals filing a joint return, for which 221
301+[the husband or wife] either or both spouses are liable, to a 222
302+Connecticut political subdivision on the taxpayer's primary residence 223
303+or motor vehicles; (2) "motor vehicle" means a motor vehicle, as 224
304+defined in section 14-1, [which] that is privately owned or leased; and 225
305+(3) property tax first becomes due, if due and payable in a single 226
306+installment, on the date designated by the legislative body of the 227
307+municipality as the date on which such installment shall be due and 228
308+payable and, if due and payable in two or more installments, on the 229
309+date designated by the legislative body of the municipality as the date 230
310+on which such installment shall be due and payable or, at the election 231
311+Governor's Bill No. 877
312+
313+
314+
315+LCO No. 4566 9 of 138
316+
317+of the taxpayer, on the date designated by the legislative body of the 232
318+municipality as the date on which any earlier installment of such tax 233
319+shall be due and payable. 234
320+Sec. 3. Subparagraph (B) of subdivision (20) of subsection (a) of 235
321+section 12-701 of the general statutes is repealed and the following is 236
322+substituted in lieu thereof (Effective from passage and applicable to taxable 237
323+years commencing on or after January 1, 2019): 238
324+(B) There shall be subtracted therefrom: 239
325+(i) To the extent properly includable in gross income for federal 240
326+income tax purposes, any income with respect to which taxation by 241
327+any state is prohibited by federal law; 242
328+(ii) To the extent allowable under section 12-718, exempt dividends 243
329+paid by a regulated investment company; 244
330+(iii) To the extent properly includable in gross income for federal 245
331+income tax purposes, the amount of any refund or credit for 246
332+overpayment of income taxes imposed by this state, or any other state 247
333+of the United States or a political subdivision thereof, or the District of 248
334+Columbia; 249
335+(iv) To the extent properly includable in gross income for federal 250
336+income tax purposes and not otherwise subtracted from federal 251
337+adjusted gross income pursuant to clause (x) of this subparagraph in 252
338+computing Connecticut adjusted gross income, any tier 1 railroad 253
339+retirement benefits; 254
340+(v) To the extent any additional allowance for depreciation under 255
341+Section 168(k) of the Internal Revenue Code for property placed in 256
342+service after September 27, 2017, was added to federal adjusted gross 257
343+income pursuant to subparagraph (A)(ix) of this subdivision in 258
344+computing Connecticut adjusted gross income, twenty-five per cent of 259
345+such additional allowance for depreciation in each of the four 260
346+Governor's Bill No. 877
347+
348+
349+
350+LCO No. 4566 10 of 138
351+
352+succeeding taxable years; 261
353+(vi) To the extent properly includable in gross income for federal 262
354+income tax purposes, any interest income from obligations issued by or 263
355+on behalf of the state of Connecticut, any political subdivision thereof, 264
356+or public instrumentality, state or local authority, district or similar 265
357+public entity created under the laws of the state of Connecticut; 266
358+(vii) To the extent properly includable in determining the net gain 267
359+or loss from the sale or other disposition of capital assets for federal 268
360+income tax purposes, any gain from the sale or exchange of obligations 269
361+issued by or on behalf of the state of Connecticut, any political 270
362+subdivision thereof, or public instrumentality, state or local authority, 271
363+district or similar public entity created under the laws of the state of 272
364+Connecticut, in the income year such gain was recognized; 273
365+(viii) Any interest on indebtedness incurred or continued to 274
366+purchase or carry obligations or securities the interest on which is 275
367+subject to tax under this chapter but exempt from federal income tax, 276
368+to the extent that such interest on indebtedness is not deductible in 277
369+determining federal adjusted gross income and is attributable to a 278
370+trade or business carried on by such individual; 279
371+(ix) Ordinary and necessary expenses paid or incurred during the 280
372+taxable year for the production or collection of income which is subject 281
373+to taxation under this chapter but exempt from federal income tax, or 282
374+the management, conservation or maintenance of property held for the 283
375+production of such income, and the amortizable bond premium for the 284
376+taxable year on any bond the interest on which is subject to tax under 285
377+this chapter but exempt from federal income tax, to the extent that 286
378+such expenses and premiums are not deductible in determining federal 287
379+adjusted gross income and are attributable to a trade or business 288
380+carried on by such individual; 289
381+(x) (I) For [taxable years commencing prior to January 1, 2019, for] a 290
382+person who files a return under the federal income tax as an 291
383+Governor's Bill No. 877
384+
385+
386+
387+LCO No. 4566 11 of 138
388+
389+unmarried individual whose federal adjusted gross income for such 292
390+taxable year is less than fifty thousand dollars, or as a married 293
391+individual filing separately whose federal adjusted gross income for 294
392+such taxable year is less than fifty thousand dollars, or for a husband 295
393+and wife who file a return under the federal income tax as married 296
394+individuals filing jointly whose federal adjusted gross income for such 297
395+taxable year is less than sixty thousand dollars or a person who files a 298
396+return under the federal income tax as a head of household whose 299
397+federal adjusted gross income for such taxable year is less than sixty 300
398+thousand dollars, an amount equal to the Social Security benefits 301
399+includable for federal income tax purposes; and 302
400+(II) For [taxable years commencing prior to January 1, 2019, for] a 303
401+person who files a return under the federal income tax as an 304
402+unmarried individual whose federal adjusted gross income for such 305
403+taxable year is fifty thousand dollars or more, or as a married 306
404+individual filing separately whose federal adjusted gross income for 307
405+such taxable year is fifty thousand dollars or more, or for a husband 308
406+and wife who file a return under the federal income tax as married 309
407+individuals filing jointly whose federal adjusted gross income from 310
408+such taxable year is sixty thousand dollars or more or for a person who 311
409+files a return under the federal income tax as a head of household 312
410+whose federal adjusted gross income for such taxable year is sixty 313
411+thousand dollars or more, an amount equal to the difference between 314
412+the amount of Social Security benefits includable for federal income tax 315
413+purposes and the lesser of twenty-five per cent of the Social Security 316
414+benefits received during the taxable year, or twenty-five per cent of the 317
415+excess described in Section 86(b)(1) of the Internal Revenue Code; 318
416+[(III) For the taxable year commencing January 1, 2019, and each 319
417+taxable year thereafter, for a person who files a return under the 320
418+federal income tax as an unmarried individual whose federal adjusted 321
419+gross income for such taxable year is less than seventy-five thousand 322
420+dollars, or as a married individual filing separately whose federal 323
421+adjusted gross income for such taxable year is less than seventy-five 324
422+Governor's Bill No. 877
423+
424+
425+
426+LCO No. 4566 12 of 138
427+
428+thousand dollars, or for a husband and wife who file a return under 325
429+the federal income tax as married individuals filing jointly whose 326
430+federal adjusted gross income for such taxable year is less than one 327
431+hundred thousand dollars or a person who files a return under the 328
432+federal income tax as a head of household whose federal adjusted 329
433+gross income for such taxable year is less than one hundred thousand 330
434+dollars, an amount equal to the Social Security benefits includable for 331
435+federal income tax purposes; and 332
436+(IV) For the taxable year commencing January 1, 2019, and each 333
437+taxable year thereafter, for a person who files a return under the 334
438+federal income tax as an unmarried individual whose federal adjusted 335
439+gross income for such taxable year is seventy-five thousand dollars or 336
440+more, or as a married individual filing separately whose federal 337
441+adjusted gross income for such taxable year is seventy-five thousand 338
442+dollars or more, or for a husband and wife who file a return under the 339
443+federal income tax as married individuals filing jointly whose federal 340
444+adjusted gross income from such taxable year is one hundred 341
445+thousand dollars or more or for a person who files a return under the 342
446+federal income tax as a head of household whose federal adjusted 343
447+gross income for such taxable year is one hundred thousand dollars or 344
448+more, an amount equal to the difference between the amount of Social 345
449+Security benefits includable for federal income tax purposes and the 346
450+lesser of twenty-five per cent of the Social Security benefits received 347
451+during the taxable year, or twenty-five per cent of the excess described 348
452+in Section 86(b)(1) of the Internal Revenue Code;] 349
453+(xi) To the extent properly includable in gross income for federal 350
454+income tax purposes, any amount rebated to a taxpayer pursuant to 351
455+section 12-746; 352
456+(xii) To the extent properly includable in the gross income for 353
457+federal income tax purposes of a designated beneficiary, any 354
458+distribution to such beneficiary from any qualified state tuition 355
459+program, as defined in Section 529(b) of the Internal Revenue Code, 356
460+Governor's Bill No. 877
461+
462+
463+
464+LCO No. 4566 13 of 138
465+
466+established and maintained by this state or any official, agency or 357
467+instrumentality of the state; 358
468+(xiii) To the extent allowable under section 12-701a, contributions to 359
469+accounts established pursuant to any qualified state tuition program, 360
470+as defined in Section 529(b) of the Internal Revenue Code, established 361
471+and maintained by this state or any official, agency or instrumentality 362
472+of the state; 363
473+(xiv) To the extent properly includable in gross income for federal 364
474+income tax purposes, the amount of any Holocaust victims' settlement 365
475+payment received in the taxable year by a Holocaust victim; 366
476+(xv) To the extent properly includable in gross income for federal 367
477+income tax purposes of an account holder, as defined in section 31-368
478+51ww, interest earned on funds deposited in the individual 369
479+development account, as defined in section 31-51ww, of such account 370
480+holder; 371
481+(xvi) To the extent properly includable in the gross income for 372
482+federal income tax purposes of a designated beneficiary, as defined in 373
483+section 3-123aa, interest, dividends or capital gains earned on 374
484+contributions to accounts established for the designated beneficiary 375
485+pursuant to the Connecticut Homecare Option Program for the Elderly 376
486+established by sections 3-123aa to 3-123ff, inclusive; 377
487+(xvii) To the extent properly includable in gross income for federal 378
488+income tax purposes, any income received from the United States 379
489+government as retirement pay for a retired member of (I) the Armed 380
490+Forces of the United States, as defined in Section 101 of Title 10 of the 381
491+United States Code, or (II) the National Guard, as defined in Section 382
492+101 of Title 10 of the United States Code; 383
493+(xviii) To the extent properly includable in gross income for federal 384
494+income tax purposes for the taxable year, any income from the 385
495+discharge of indebtedness in connection with any reacquisition, after 386
496+Governor's Bill No. 877
497+
498+
499+
500+LCO No. 4566 14 of 138
501+
502+December 31, 2008, and before January 1, 2011, of an applicable debt 387
503+instrument or instruments, as those terms are defined in Section 108 of 388
504+the Internal Revenue Code, as amended by Section 1231 of the 389
505+American Recovery and Reinvestment Act of 2009, to the extent any 390
506+such income was added to federal adjusted gross income pursuant to 391
507+subparagraph (A)(xi) of this subdivision in computing Connecticut 392
508+adjusted gross income for a preceding taxable year; 393
509+(xix) To the extent not deductible in determining federal adjusted 394
510+gross income, the amount of any contribution to a manufacturing 395
511+reinvestment account established pursuant to section 32-9zz in the 396
512+taxable year that such contribution is made; 397
513+(xx) To the extent properly includable in gross income for federal 398
514+income tax purposes, (I) for the taxable year commencing January 1, 399
515+2015, ten per cent of the income received from the state teachers' 400
516+retirement system, and (II) for the taxable years commencing on and 401
517+after January 1, 2016, [January 1, 2017, and January 1, 2018,] twenty-402
518+five per cent of the income received from the state teachers' retirement 403
519+system; [, and (III) for the taxable year commencing January 1, 2019, 404
520+and each taxable year thereafter, fifty per cent of the income received 405
521+from the state teachers' retirement system or the percentage, if 406
522+applicable, pursuant to clause (xxi) of this subparagraph;] 407
523+[(xxi) To the extent properly includable in gross income for federal 408
524+income tax purposes, except for retirement benefits under clause (iv) of 409
525+this subparagraph and retirement pay under clause (xvii) of this 410
526+subparagraph, for a person who files a return under the federal income 411
527+tax as an unmarried individual whose federal adjusted gross income 412
528+for such taxable year is less than seventy-five thousand dollars, or as a 413
529+married individual filing separately whose federal adjusted gross 414
530+income for such taxable year is less than seventy-five thousand dollars, 415
531+or as a head of household whose federal adjusted gross income for 416
532+such taxable year is less than seventy-five thousand dollars, or for a 417
533+husband and wife who file a return under the federal income tax as 418
534+Governor's Bill No. 877
535+
536+
537+
538+LCO No. 4566 15 of 138
539+
540+married individuals filing jointly whose federal adjusted gross income 419
541+for such taxable year is less than one hundred thousand dollars, (I) for 420
542+the taxable year commencing January 1, 2019, fourteen per cent of any 421
543+pension or annuity income, (II) for the taxable year commencing 422
544+January 1, 2020, twenty-eight per cent of any pension or annuity 423
545+income, (III) for the taxable year commencing January 1, 2021, forty-424
546+two per cent of any pension or annuity income, (IV) for the taxable 425
547+year commencing January 1, 2022, fifty-six per cent of any pension or 426
548+annuity income, (V) for the taxable year commencing January 1, 2023, 427
549+seventy per cent of any pension or annuity income, (VI) for the taxable 428
550+year commencing January 1, 2024, eighty-four per cent of any pension 429
551+or annuity income, and (VII) for the taxable year commencing January 430
552+1, 2025, and each taxable year thereafter, any pension or annuity 431
553+income;] 432
554+[(xxii)] (xxi) The amount of lost wages and medical, travel and 433
555+housing expenses, not to exceed ten thousand dollars in the aggregate, 434
556+incurred by a taxpayer during the taxable year in connection with the 435
557+donation to another person of an organ for organ transplantation 436
558+occurring on or after January 1, 2017; 437
559+[(xxiii)] (xxii) To the extent properly includable in gross income for 438
560+federal income tax purposes, the amount of any financial assistance 439
561+received from the Crumbling Foundations Assistance Fund or paid to 440
562+or on behalf of the owner of a residential building pursuant to sections 441
563+8-442 and 8-443; [, and] 442
564+[(xxiv)] (xxiii) To the extent properly includable in gross income for 443
565+federal income tax purposes, the amount calculated pursuant to 444
566+subsection (b) of section 12-704g for income received by a general 445
567+partner of a venture capital fund, as defined in 17 CFR 275.203(l)-1, as 446
568+amended from time to time; and 447
569+[(xxv)] (xxiv) To the extent any portion of a deduction under Section 448
570+179 of the Internal Revenue Code was added to federal adjusted gross 449
571+Governor's Bill No. 877
572+
573+
574+
575+LCO No. 4566 16 of 138
576+
577+income pursuant to subparagraph (A)(xiv) of this subdivision in 450
578+computing Connecticut adjusted gross income, twenty-five per cent of 451
579+such disallowed portion of the deduction in each of the four 452
580+succeeding taxable years. 453
581+Sec. 4. Section 12-701 of the general statutes is amended by adding 454
582+subsection (d) as follows (Effective from passage): 455
583+(NEW) (d) The provisions of section 12-722 shall not apply to any 456
584+additional tax due as a result of the changes made to subparagraph (B) 457
585+of subdivision (20) of subsection (a) of this section pursuant to section 458
586+3 of this act for any taxable year commencing prior to the effective date 459
587+of section 3 of this act. 460
588+Sec. 5. Subdivision (8) of subsection (b) of section 12-214 of the 461
589+general statutes is repealed and the following is substituted in lieu 462
590+thereof (Effective from passage and applicable to income years commencing 463
591+on or after January 1, 2019): 464
592+(8) (A) With respect to income years commencing on or after 465
593+January 1, 2018, [and prior to January 1, 2019,] any company subject to 466
594+the tax imposed in accordance with subsection (a) of this section shall 467
595+pay, for such income year, except when the tax so calculated is equal to 468
596+two hundred fifty dollars, an additional tax in an amount equal to ten 469
597+per cent of the tax calculated under said subsection (a) for such income 470
598+year, without reduction of the tax so calculated by the amount of any 471
599+credit against such tax. The additional amount of tax determined 472
600+under this subsection for any income year shall constitute a part of the 473
601+tax imposed by the provisions of said subsection (a) and shall become 474
602+due and be paid, collected and enforced as provided in this chapter. 475
603+(B) Any company whose gross income for the income year was less 476
604+than one hundred million dollars shall not be subject to the additional 477
605+tax imposed under subparagraph (A) of this subdivision. This 478
606+exception shall not apply to taxable members of a combined group that 479
607+files a combined unitary tax return. 480
608+Governor's Bill No. 877
609+
610+
611+
612+LCO No. 4566 17 of 138
613+
614+Sec. 6. Section 12-214 of the general statutes is amended by adding 481
615+subsection (d) as follows (Effective from passage): 482
616+(NEW) (d) The provisions of section 12-242d shall not apply to any 483
617+additional tax due as a result of the changes made to subdivision (8) of 484
618+subsection (b) of this section pursuant to section 5 of this act for any 485
619+income year commencing prior to the effective date of section 5 of this 486
620+act. 487
621+Sec. 7. Subsection (b) of section 12-284b of the general statutes is 488
622+repealed and the following is substituted in lieu thereof (Effective from 489
623+passage and applicable to taxable years commencing on or after January 1, 490
624+2019): 491
625+(b) Each limited liability company, limited liability partnership, 492
626+limited partnership and S corporation shall be liable for the tax 493
627+imposed by this section for each taxable year or portion thereof that 494
628+such company, partnership or corporation is an affected business 495
629+entity. For taxable years commencing prior to January 1, 2013, each 496
630+affected business entity shall annually, on or before the fifteenth day of 497
631+the fourth month following the close of its taxable year, pay to the 498
632+Commissioner of Revenue Services a tax in the amount of two 499
633+hundred fifty dollars. For taxable years commencing on or after 500
634+January 1, 2013, but prior to January 1, 2019, each affected business 501
635+entity shall, on or before the fifteenth day of the fourth month 502
636+following the close of every other taxable year, pay to the 503
637+Commissioner of Revenue Services a tax in the amount of two 504
638+hundred fifty dollars. 505
639+Sec. 8. Subdivision (2) of subsection (e) of section 12-217jj of the 506
640+general statutes is repealed and the following is substituted in lieu 507
641+thereof (Effective from passage and applicable to taxable years commencing 508
642+on or after January 1, 2019): 509
643+(2) Notwithstanding the provisions of subdivision (1) of this 510
644+subsection, any entity that is not subject to tax under this chapter or 511
645+Governor's Bill No. 877
646+
647+
648+
649+LCO No. 4566 18 of 138
650+
651+chapter 207 shall not be subject to the limitations on the transfer of 512
652+credits provided in subparagraphs (B) and (C) of said subdivision (1), 513
653+provided such entity owns not less than fifty per cent, directly or 514
654+indirectly, of a business entity, [subject to tax under] as defined in 515
655+section 12-284b, as amended by this act. 516
656+Sec. 9. Section 12-640 of the general statutes is repealed and the 517
657+following is substituted in lieu thereof (Effective from passage and 518
658+applicable to gifts made on or after January 1, 2019): 519
659+For [the calendar year 1991 and each year thereafter] calendar years 520
660+commencing January 1, 1991, but prior to January 1, 2019, a tax 521
661+computed as provided in section 12-642, as amended by this act, is 522
662+hereby imposed on the transfer of property by gift during such taxable 523
663+year by any individual resident or nonresident provided, for the 524
664+calendar year commencing January 1, 1991, such tax shall be imposed 525
665+only on those gifts [which are] that were transferred on or after 526
666+September 1, 1991. 527
667+Sec. 10. Section 12-642 of the general statutes is repealed and the 528
668+following is substituted in lieu thereof (Effective from passage): 529
669+(a) (1) With respect to calendar years commencing prior to January 530
670+1, 2001, the tax imposed by section 12-640, as amended by this act, for 531
671+the calendar year shall be at a rate of the taxable gifts made by the 532
672+donor during the calendar year set forth in the following schedule: 533
387673 T1 Amount of Taxable Gifts Rate of Tax
388674 T2 Not over $25,000 1%
389675 T3 Over $25,000 $250, plus 2% of the excess
390676 T4 but not over $50,000 over $25,000
391677 T5 Over $50,000 $750, plus 3% of the excess
392678 T6 but not over $75,000 over $50,000
393679 T7 Over $75,000 $1,500, plus 4% of the excess
394680 T8 but not over $100,000 over $75,000
681+Governor's Bill No. 877
682+
683+
684+
685+LCO No. 4566 19 of 138
686+
395687 T9 Over $100,000 $2,500, plus 5% of the excess
396688 T10 but not over $200,000 over $100,000
397689 T11 Over $200,000 $7,500, plus 6% of the excess
398690 T12 over $200,000
399691
400-(2) With respect to the calendar years commencing January 1, 2001, 309
401-January 1, 2002, January 1, 2003, and January 1, 2004, the tax imposed 310
402-by section 12-640, as amended by this act, for each such calendar year 311
403-shall be at a rate of the taxable gifts made by the donor during the 312
404-calendar year set forth in the following schedule: 313
692+(2) With respect to the calendar years commencing January 1, 2001, 534
693+January 1, 2002, January 1, 2003, and January 1, 2004, the tax imposed 535
694+by section 12-640, as amended by this act, for each such calendar year 536
695+shall be at a rate of the taxable gifts made by the donor during the 537
696+calendar year set forth in the following schedule: 538
405697 T13 Amount of Taxable Gifts Rate of Tax
406698 T14 Over $25,000 $250, plus 2% of the excess
407699 T15 but not over $50,000 over $25,000
408700 T16 Over $50,000 $750, plus 3% of the excess
409701 T17 but not over $75,000 over $50,000
410702 T18 Over $75,000 $1,500, plus 4% of the excess
411703 T19 but not over $100,000 over $75,000
412704 T20 Over $100,000 $2,500, plus 5% of the excess
413705 T21 but not over $675,000 over $100,000
414-T22 Over $675,000 $31,250, plus 6% of the excess Substitute Bill No. 877
415-
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419-12 of 104
420-
706+T22 Over $675,000 $31,250, plus 6% of the excess
421707 T23 over $675,000
422708
423-(3) With respect to Connecticut taxable gifts, as defined in section 314
424-12-643, as amended by this act, made by a donor during a calendar 315
425-year commencing on or after January 1, 2005, but prior to January 1, 316
426-2010, including the aggregate amount of all Connecticut taxable gifts 317
427-made by the donor during all calendar years commencing on or after 318
428-January 1, 2005, but prior to January 1, 2010, the tax imposed by 319
429-section 12-640, as amended by this act, for the calendar year shall be at 320
430-the rate set forth in the following schedule, with a credit allowed 321
431-against such tax for any tax previously paid to this state pursuant to 322
432-this subdivision: 323
709+(3) With respect to Connecticut taxable gifts, as defined in section 539
710+12-643, as amended by this act, made by a donor during a calendar 540
711+year commencing on or after January 1, 2005, but prior to January 1, 541
712+2010, including the aggregate amount of all Connecticut taxable gifts 542
713+made by the donor during all calendar years commencing on or after 543
714+January 1, 2005, but prior to January 1, 2010, the tax imposed by 544
715+section 12-640, as amended by this act, for the calendar year shall be at 545
716+the rate set forth in the following schedule, with a credit allowed 546
717+against such tax for any tax previously paid to this state pursuant to 547
718+this subdivision: 548
719+Governor's Bill No. 877
720+
721+
722+
723+LCO No. 4566 20 of 138
724+
433725 T24 Amount of Taxable Gifts Rate of Tax
434726 T25 Not over $2,000,000 None
435727 T26 Over $2,000,000
436728 T27 but not over $2,100,000 5.085% of the excess over $0
437729 T28 Over $2,100,000 $106,800 plus 8% of the excess
438730 T29 but not over $2,600,000 over $2,100,000
439731 T30 Over $2,600,000 $146,800 plus 8.8% of the excess
440732 T31 but not over $3,100,000 over $2,600,000
441733 T32 Over $3,100,000 $190,800 plus 9.6% of the excess
442734 T33 but not over $3,600,000 over $3,100,000
443735 T34 Over $3,600,000 $238,800 plus 10.4% of the excess
444736 T35 but not over $4,100,000 over $3,600,000
445737 T36 Over $4,100,000 $290,800 plus 11.2% of the excess
446738 T37 but not over $5,100,000 over $4,100,000
447739 T38 Over $5,100,000 $402,800 plus 12% of the excess
448740 T39 but not over $6,100,000 over $5,100,000
449741 T40 Over $6,100,000 $522,800 plus 12.8% of the excess
450742 T41 but not over $7,100,000 over $6,100,000
451743 T42 Over $7,100,000 $650,800 plus 13.6% of the excess
452744 T43 but not over $8,100,000 over $7,100,000
453-T44 Over $8,100,000 $786,800 plus 14.4% of the excess Substitute Bill No. 877
454-
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458-13 of 104
459-
745+T44 Over $8,100,000 $786,800 plus 14.4% of the excess
460746 T45 but not over $9,100,000 over $8,100,000
461747 T46 Over $9,100,000 $930,800 plus 15.2% of the excess
462748 T47 but not over $10,100,000 over $9,100,000
463749 T48 Over $10,100,000 $1,082,800 plus 16% of the excess
464750 T49 over $10,100,000
465751
466-(4) With respect to Connecticut taxable gifts, as defined in section 324
467-12-643, as amended by this act, made by a donor during a calendar 325
468-year commencing on or after January 1, 2010, but prior to January 1, 326
469-2011, including the aggregate amount of all Connecticut taxable gifts 327
470-made by the donor during all calendar years commencing on or after 328
471-January 1, 2005, the tax imposed by section 12-640, as amended by this 329
472-act, for the calendar year shall be at the rate set forth in the following 330
473-schedule, with a credit allowed against such tax for any tax previously 331
474-paid to this state pursuant to this subdivision or pursuant to 332
475-subdivision (3) of this subsection, provided such credit shall not 333
476-exceed the amount of tax imposed by this section: 334
752+(4) With respect to Connecticut taxable gifts, as defined in section 549
753+12-643, as amended by this act, made by a donor during a calendar 550
754+year commencing on or after January 1, 2010, but prior to January 1, 551
755+2011, including the aggregate amount of all Connecticut taxable gifts 552
756+made by the donor during all calendar years commencing on or after 553
757+January 1, 2005, the tax imposed by section 12-640, as amended by this 554
758+act, for the calendar year shall be at the rate set forth in the following 555
759+Governor's Bill No. 877
760+
761+
762+
763+LCO No. 4566 21 of 138
764+
765+schedule, with a credit allowed against such tax for any tax previously 556
766+paid to this state pursuant to this subdivision or pursuant to 557
767+subdivision (3) of this subsection, provided such credit shall not 558
768+exceed the amount of tax imposed by this section: 559
477769 T50 Amount of Taxable Gifts Rate of Tax
478770 T51 Not over $3,500,000 None
479771 T52 Over $3,500,000 7.2% of the excess
480772 T53 but not over $3,600,000 over $3,500,000
481773 T54 Over $3,600,000 $7,200 plus 7.8% of the excess
482774 T55 but not over $4,100,000 over $3,600,000
483775 T56 Over $4,100,000 $46,200 plus 8.4% of the excess
484776 T57 but not over $5,100,000 over $4,100,000
485777 T58 Over $5,100,000 $130,200 plus 9.0% of the excess
486778 T59 but not over $6,100,000 over $5,100,000
487779 T60 Over $6,100,000 $220,200 plus 9.6% of the excess
488780 T61 but not over $7,100,000 over $6,100,000
489781 T62 Over $7,100,000 $316,200 plus 10.2% of the excess
490782 T63 but not over $8,100,000 over $7,100,000
491783 T64 Over $8,100,000 $418,200 plus 10.8% of the excess
492-T65 but not over $9,100,000 over $8,100,000 Substitute Bill No. 877
493-
494-
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497-14 of 104
498-
784+T65 but not over $9,100,000 over $8,100,000
499785 T66 Over $9,100,000 $526,200 plus 11.4% of the excess
500786 T67 but not over $10,100,000 over $9,100,000
501787 T68 Over $10,100,000 $640,200 plus 12% of the excess
502788 T69 over $10,100,000
503789
504-(5) With respect to Connecticut taxable gifts, as defined in section 335
505-12-643, as amended by this act, made by a donor during a calendar 336
506-year commencing on or after January 1, 2011, but prior to January 1, 337
507-2018, including the aggregate amount of all Connecticut taxable gifts 338
508-made by the donor during all calendar years commencing on or after 339
509-January 1, 2005, the tax imposed by section 12-640, as amended by this 340
510-act, for the calendar year shall be at the rate set forth in the following 341
511-schedule, with a credit allowed against such tax for any tax previously 342
512-paid to this state pursuant to this subdivision or pursuant to 343
513-subdivision (3) or (4) of this subsection, provided such credit shall not 344
514-exceed the amount of tax imposed by this section: 345
790+(5) With respect to Connecticut taxable gifts, as defined in section 560
791+12-643, as amended by this act, made by a donor during a calendar 561
792+year commencing on or after January 1, 2011, but prior to January 1, 562
793+2018, including the aggregate amount of all Connecticut taxable gifts 563
794+made by the donor during all calendar years commencing on or after 564
795+January 1, 2005, the tax imposed by section 12-640, as amended by this 565
796+act, for the calendar year shall be at the rate set forth in the following 566
797+schedule, with a credit allowed against such tax for any tax previously 567
798+Governor's Bill No. 877
799+
800+
801+
802+LCO No. 4566 22 of 138
803+
804+paid to this state pursuant to this subdivision or pursuant to 568
805+subdivision (3) or (4) of this subsection, provided such credit shall not 569
806+exceed the amount of tax imposed by this section: 570
515807 T70
516808 Amount of Taxable Gifts Rate of Tax
517809 T71 Not over $2,000,000 None
518810 T72 Over $2,000,000 7.2% of the excess
519811 T73 but not over $3,600,000 over $2,000,000
520812 T74 Over $3,600,000 $115,200 plus 7.8% of the excess
521813 T75 but not over $4,100,000 over $3,600,000
522814 T76 Over $4,100,000 $154,200 plus 8.4% of the excess
523815 T77 but not over $5,100,000 over $4,100,000
524816 T78 Over $5,100,000 $238,200 plus 9.0% of the excess
525817 T79 but not over $6,100,000 over $5,100,000
526818 T80 Over $6,100,000 $328,200 plus 9.6% of the excess
527819 T81 but not over $7,100,000 over $6,100,000
528820 T82 Over $7,100,000 $424,200 plus 10.2% of the excess
529821 T83 but not over $8,100,000 over $7,100,000
530822 T84 Over $8,100,000 $526,200 plus 10.8% of the excess
531823 T85 but not over $9,100,000 over $8,100,000
532-T86 Over $9,100,000 $634,200 plus 11.4% of the excess Substitute Bill No. 877
533-
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537-15 of 104
538-
824+T86 Over $9,100,000 $634,200 plus 11.4% of the excess
539825 T87 but not over $10,100,000 over $9,100,000
540826 T88 Over $10,100,000 $748,200 plus 12% of the excess
541827 T89 over $10,100,000
542828
543-(6) With respect to Connecticut taxable gifts, as defined in section 346
544-12-643, as amended by this act, made by a donor during a calendar 347
545-year commencing on or after January 1, 2018, but prior to January 1, 348
546-2019, including the aggregate amount of all Connecticut taxable gifts 349
547-made by the donor during all calendar years commencing on or after 350
548-January 1, 2005, the tax imposed by section 12-640, as amended by this 351
549-act, for the calendar year shall be at the rate set forth in the following 352
550-schedule, with a credit allowed against such tax for any tax previously 353
551-paid to this state pursuant to this subdivision or pursuant to 354
552-subdivision (3), (4) or (5) of this subsection, provided such credit shall 355
553-not exceed the amount of tax imposed by this section: 356
829+(6) With respect to Connecticut taxable gifts, as defined in section 571
830+12-643, as amended by this act, made by a donor during a calendar 572
831+year commencing on or after January 1, 2018, but prior to January 1, 573
832+2019, including the aggregate amount of all Connecticut taxable gifts 574
833+made by the donor during all calendar years commencing on or after 575
834+January 1, 2005, the tax imposed by section 12-640, as amended by this 576
835+act, for the calendar year shall be at the rate set forth in the following 577
836+schedule, with a credit allowed against such tax for any tax previously 578
837+paid to this state pursuant to this subdivision or pursuant to 579
838+Governor's Bill No. 877
839+
840+
841+
842+LCO No. 4566 23 of 138
843+
844+subdivision (3), (4) or (5) of this subsection, provided such credit shall 580
845+not exceed the amount of tax imposed by this section: 581
554846 T90
555847 Amount of Taxable Gifts Rate of Tax
556848 T91 Not over $2,600,000 None
557849 T92 Over $2,600,000 7.2% of the excess
558850 T93 but not over $3,600,000 over $2,600,000
559851 T94 Over $3,600,000 $72,000 plus 7.8% of the excess
560852 T95 but not over $4,100,000 over $3,600,000
561853 T96 Over $4,100,000 $111,000 plus 8.4% of the excess
562854 T97 but not over $5,100,000 over $4,100,000
563855 T98 Over $5,100,000 $195,000 plus 10% of the excess
564856 T99 but not over $6,100,000 over $5,100,000
565857 T100 Over $6,100,000 $295,000 plus 10.4% of the excess
566858 T101 but not over $7,100,000 over $6,100,000
567859 T102 Over $7,100,000 $399,000 plus 10.8% of the excess
568860 T103 but not over $8,100,000 over $7,100,000
569861 T104 Over $8,100,000 $507,000 plus 11.2% of the excess
570862 T105 but not over $9,100,000 over $8,100,000
571863 T106 Over $9,100,000 $619,000 plus 11.6% of the excess
572-T107 but not over $10,100,000 over $9,100,000 Substitute Bill No. 877
573-
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577-16 of 104
578-
864+T107 but not over $10,100,000 over $9,100,000
579865 T108 Over $10,100,000 $735,000 plus 12% of the excess
580866 T109 over $10,100,000
581867
582-[(7) With respect to Connecticut taxable gifts, as defined in section 357
583-12-643, made by a donor during a calendar year commencing on or 358
584-after January 1, 2019, but prior to January 1, 2020, including the 359
585-aggregate amount of all Connecticut taxable gifts made by the donor 360
586-during all calendar years commencing on or after January 1, 2005, the 361
587-tax imposed by section 12-640 for the calendar year shall be at the rate 362
588-set forth in the following schedule, with a credit allowed against such 363
589-tax for any tax previously paid to this state pursuant to this 364
590-subdivision or pursuant to subdivision (3), (4), (5) or (6) of this 365
591-subsection, provided such credit shall not exceed the amount of tax 366
592-imposed by this section: 367
868+[(7) With respect to Connecticut taxable gifts, as defined in section 582
869+12-643, made by a donor during a calendar year commencing on or 583
870+after January 1, 2019, but prior to January 1, 2020, including the 584
871+aggregate amount of all Connecticut taxable gifts made by the donor 585
872+during all calendar years commencing on or after January 1, 2005, the 586
873+tax imposed by section 12-640 for the calendar year shall be at the rate 587
874+set forth in the following schedule, with a credit allowed against such 588
875+tax for any tax previously paid to this state pursuant to this 589
876+subdivision or pursuant to subdivision (3), (4), (5) or (6) of this 590
877+subsection, provided such credit shall not exceed the amount of tax 591
878+Governor's Bill No. 877
879+
880+
881+
882+LCO No. 4566 24 of 138
883+
884+imposed by this section: 592
593885 T110
594886 Amount of Taxable Gifts Rate of Tax
595887 T111 Not over $3,600,000 None
596888 T112 Over $3,600,000 7.8% of the excess
597889 T113 but not over $4,100,000 over $3,600,000
598890 T114 Over $4,100,000 $39,000 plus 8.4% of the excess
599891 T115 but not over $5,100,000 over $4,100,000
600892 T116 Over $5,100,000 $123,000 plus 10% of the excess
601893 T117 but not over $6,100,000 over $5,100,000
602894 T118 Over $6,100,000 $223,000 plus 10.4% of the excess
603895 T119 but not over $7,100,000 over $6,100,000
604896 T120 Over $7,100,000 $327,000 plus 10.8% of the excess
605897 T121 but not over $8,100,000 over $7,100,000
606898 T122 Over $8,100,000 $435,000 plus 11.2% of the excess
607899 T123 but not over $9,100,000 over $8,100,000
608900 T124 Over $9,100,000 $547,000 plus 11.6% of the excess
609901 T125 but not over $10,100,000 over $9,100,000
610902 T126 Over $10,100,000 $663,000 plus 12% of the excess
611903 T127 over $10,100,000
612- Substitute Bill No. 877
613-
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617-17 of 104
618-
619-(8) With respect to Connecticut taxable gifts, as defined in section 368
620-12-643, made by a donor during a calendar year commencing on or 369
621-after January 1, 2020, but prior to January 1, 2021, including the 370
622-aggregate amount of all Connecticut taxable gifts made by the donor 371
623-during all calendar years commencing on or after January 1, 2005, the 372
624-tax imposed by section 12-640 for the calendar year shall be at the rate 373
625-set forth in the following schedule, with a credit allowed against such 374
626-tax for any tax previously paid to this state pursuant to this 375
627-subdivision or pursuant to subdivision (3), (4), (5), (6) or (7) of this 376
628-subsection, provided such credit shall not exceed the amount of tax 377
629-imposed by this section: 378
904+
905+(8) With respect to Connecticut taxable gifts, as defined in section 593
906+12-643, made by a donor during a calendar year commencing on or 594
907+after January 1, 2020, but prior to January 1, 2021, including the 595
908+aggregate amount of all Connecticut taxable gifts made by the donor 596
909+during all calendar years commencing on or after January 1, 2005, the 597
910+tax imposed by section 12-640 for the calendar year shall be at the rate 598
911+set forth in the following schedule, with a credit allowed against such 599
912+tax for any tax previously paid to this state pursuant to this 600
913+subdivision or pursuant to subdivision (3), (4), (5), (6) or (7) of this 601
914+subsection, provided such credit shall not exceed the amount of tax 602
915+imposed by this section: 603
630916 T128 Amount of Taxable Gifts Rate of Tax
917+Governor's Bill No. 877
918+
919+
920+
921+LCO No. 4566 25 of 138
922+
631923 T129 Not over $5,100,000 None
632924 T130 Over $5,100,000 10% of the excess
633925 T131 but not over $6,100,000 over $5,100,000
634926 T132 Over $6,100,000 $100,000 plus 10.4% of the excess
635927 T133 but not over $7,100,000 over $6,100,000
636928 T134 Over $7,100,000 $204,000 plus 10.8% of the excess
637929 T135 but not over $8,100,000 over $7,100,000
638930 T136 Over $8,100,000 $312,000 plus 11.2% of the excess
639931 T137 but not over $9,100,000 over $8,100,000
640932 T138 Over $9,100,000 $424,000 plus 11.6% of the excess
641933 T139 but not over $10,100,000 over $9,100,000
642934 T140 Over $10,100,000 $540,000 plus 12% of the excess
643935 T141 over $10,100,000
644936
645-(9) With respect to Connecticut taxable gifts, as defined in section 379
646-12-643, made by a donor during a calendar year commencing on or 380
647-after January 1, 2021, but prior to January 1, 2022, including the 381
648-aggregate amount of all Connecticut taxable gifts made by the donor 382
649-during all calendar years commencing on or after January 1, 2005, the 383
650-tax imposed by section 12-640 for the calendar year shall be at the rate 384
651-set forth in the following schedule, with a credit allowed against such 385
652-tax for any tax previously paid to this state pursuant to this 386 Substitute Bill No. 877
653-
654-
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657-18 of 104
658-
659-subdivision or pursuant to subdivision (3), (4), (5), (6), (7) or (8) of this 387
660-subsection, provided such credit shall not exceed the amount of tax 388
661-imposed by this section: 389
937+(9) With respect to Connecticut taxable gifts, as defined in section 604
938+12-643, made by a donor during a calendar year commencing on or 605
939+after January 1, 2021, but prior to January 1, 2022, including the 606
940+aggregate amount of all Connecticut taxable gifts made by the donor 607
941+during all calendar years commencing on or after January 1, 2005, the 608
942+tax imposed by section 12-640 for the calendar year shall be at the rate 609
943+set forth in the following schedule, with a credit allowed against such 610
944+tax for any tax previously paid to this state pursuant to this 611
945+subdivision or pursuant to subdivision (3), (4), (5), (6), (7) or (8) of this 612
946+subsection, provided such credit shall not exceed the amount of tax 613
947+imposed by this section: 614
662948 T142 Amount of Taxable Gifts Rate of Tax
663949 T143 Not over $7,100,000 None
664950 T144 Over $7,100,000 10.8% of the excess
665951 T145 but not over $8,100,000 over $7,100,000
666952 T146 Over $8,100,000 $108,000 plus 11.2% of the excess
667953 T147 but not over $9,100,000 over $8,100,000
668954 T148 Over $9,100,000 $220,000 plus 11.6% of the excess
669955 T149 but not over $10,100,000 over $9,100,000
670956 T150 Over $10,100,000 $336,000 plus 12% of the excess
957+Governor's Bill No. 877
958+
959+
960+
961+LCO No. 4566 26 of 138
962+
671963 T151 over $10,100,000
672964
673-(10) With respect to Connecticut taxable gifts, as defined in section 390
674-12-643, made by a donor during a calendar year commencing on or 391
675-after January 1, 2022, but prior to January 1, 2023, including the 392
676-aggregate amount of all Connecticut taxable gifts made by the donor 393
677-during all calendar years commencing on or after January 1, 2005, the 394
678-tax imposed by section 12-640 for the calendar year shall be at the rate 395
679-set forth in the following schedule, with a credit allowed against such 396
680-tax for any tax previously paid to this state pursuant to this 397
681-subdivision or pursuant to subdivision (3), (4), (5), (6), (7), (8) or (9) of 398
682-this subsection, provided such credit shall not exceed the amount of 399
683-tax imposed by this section: 400
965+(10) With respect to Connecticut taxable gifts, as defined in section 615
966+12-643, made by a donor during a calendar year commencing on or 616
967+after January 1, 2022, but prior to January 1, 2023, including the 617
968+aggregate amount of all Connecticut taxable gifts made by the donor 618
969+during all calendar years commencing on or after January 1, 2005, the 619
970+tax imposed by section 12-640 for the calendar year shall be at the rate 620
971+set forth in the following schedule, with a credit allowed against such 621
972+tax for any tax previously paid to this state pursuant to this 622
973+subdivision or pursuant to subdivision (3), (4), (5), (6), (7), (8) or (9) of 623
974+this subsection, provided such credit shall not exceed the amount of 624
975+tax imposed by this section: 625
684976 T152 Amount of Taxable Gifts Rate of Tax
685977 T153 Not over $9,100,000 None
686978 T154 Over $9,100,000 11.6% of the excess
687979 T155 but not over $10,100,000 over $9,100,000
688980 T156 Over $10,100,000 $116,000 plus 12% of the excess
689981 T157 over $10,100,000
690982
691-(11) With respect to Connecticut taxable gifts, as defined in section 401 Substitute Bill No. 877
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697-
698-12-643, made by a donor during a calendar year commencing on or 402
699-after January 1, 2023, including the aggregate amount of all 403
700-Connecticut taxable gifts made by the donor during all calendar years 404
701-commencing on or after January 1, 2005, the tax imposed by section 12-405
702-640 for the calendar year shall be at the rate set forth in the following 406
703-schedule, with a credit allowed against such tax for any tax previously 407
704-paid to this state pursuant to this subdivision or pursuant to 408
705-subdivision (3), (4), (5), (6), (7), (8), (9) or (10) of this subsection, 409
706-provided such credit shall not exceed the amount of tax imposed by 410
707-this section: 411
983+(11) With respect to Connecticut taxable gifts, as defined in section 626
984+12-643, made by a donor during a calendar year commencing on or 627
985+after January 1, 2023, including the aggregate amount of all 628
986+Connecticut taxable gifts made by the donor during all calendar years 629
987+commencing on or after January 1, 2005, the tax imposed by section 12-630
988+640 for the calendar year shall be at the rate set forth in the following 631
989+schedule, with a credit allowed against such tax for any tax previously 632
990+paid to this state pursuant to this subdivision or pursuant to 633
991+subdivision (3), (4), (5), (6), (7), (8), (9) or (10) of this subsection, 634
992+provided such credit shall not exceed the amount of tax imposed by 635
993+this section: 636
708994 T158 Amount of Taxable Gifts Rate of Tax
995+Governor's Bill No. 877
996+
997+
998+
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1000+
7091001 T159 Not over the None
7101002 T160 federal basic exclusion amount
7111003 T161 Over the 12% of the excess over the
7121004 T162 federal basic exclusion amount federal basic exclusion amount]
7131005
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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-
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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-
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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-
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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
37684966 This act shall take effect as follows and shall amend the following
37694967 sections:
37704968
3771-Section 1 from passage New section
3772-Sec. 2 from passage and
4969+Section 1 from passage and
4970+applicable to taxable years
4971+commencing on or after
4972+January 1, 2023
4973+New section
4974+Sec. 2 from passage 12-704c
4975+Governor's Bill No. 877
4976+
4977+
4978+
4979+LCO No. 4566 134 of 138
4980+
4981+Sec. 3 from passage and
37734982 applicable to taxable years
37744983 commencing on or after
37754984 January 1, 2019
37764985 12-701(a)(20)(B)
3777-Sec. 3 January 1, 2020 New section
3778-Sec. 4 from passage and
4986+Sec. 4 from passage 12-701
4987+Sec. 5 from passage and
4988+applicable to income years
4989+commencing on or after
4990+January 1, 2019
4991+12-214(b)(8)
4992+Sec. 6 from passage 12-214
4993+Sec. 7 from passage and
4994+applicable to taxable years
4995+commencing on or after
4996+January 1, 2019
4997+12-284b(b)
4998+Sec. 8 from passage and
4999+applicable to taxable years
5000+commencing on or after
5001+January 1, 2019
5002+12-217jj(e)(2)
5003+Sec. 9 from passage and
37795004 applicable to gifts made on
37805005 or after January 1, 2019
37815006 12-640
3782-Sec. 5 from passage 12-642
3783-Sec. 6 from passage and
5007+Sec. 10 from passage 12-642
5008+Sec. 11 from passage and
37845009 applicable to estates of
37855010 decedents dying on or after
37865011 January 1, 2019
37875012 12-643(3)
3788-Sec. 7 from passage and
5013+Sec. 12 from passage and
37895014 applicable to estates of
37905015 decedents dying on or after
37915016 January 1, 2019
3792-12-391(c) to (e)
3793-Sec. 8 July 1, 2019, and
5017+12-391(a) to (e)
5018+Sec. 13 from passage and
5019+applicable to estates of
5020+decedents dying on or after
5021+January 1, 2019
5022+12-392(a) and (b)
5023+Sec. 14 July 1, 2019, and
37945024 applicable to sales
37955025 occurring on or after July
37965026 1, 2019
3797-12-408(1)(L)
3798-Sec. 9 July 1, 2019, and
3799-applicable to sales
3800-occurring on or after July
3801-1, 2019
3802-12-411(1)(K)
3803-Sec. 10 October 1, 2019, and
3804-applicable to sales
3805-occurring on or after
3806-October 1, 2019
3807-12-407(a)(13) Substitute Bill No. 877
3808-
3809-
3810-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877-
3811-R01-SB.docx }
3812-102 of 104
3813-
3814-Sec. 11 October 1, 2019, and
3815-applicable to sales
3816-occurring on or after
3817-October 1, 2019
3818-12-407(a)
3819-Sec. 12 October 1, 2019, and
3820-applicable to sales
3821-occurring on or after
3822-October 1, 2019
3823-12-410(5)
3824-Sec. 13 October 1, 2019, and
3825-applicable to sales
3826-occurring on or after
3827-October 1, 2019
3828-12-407(a)(37)
3829-Sec. 14 from passage 13b-121(b) and (c)
5027+12-408(1)
5028+Governor's Bill No. 877
5029+
5030+
5031+
5032+LCO No. 4566 135 of 138
5033+
38305034 Sec. 15 January 1, 2020, and
38315035 applicable to sales
38325036 occurring on or after
38335037 January 1, 2020
38345038 12-408(1)
3835-Sec. 16 January 1, 2020, and
5039+Sec. 16 July 1, 2019, and
38365040 applicable to sales
3837-occurring on or after
3838-January 1, 2020
5041+occurring on or after July
5042+1, 2019
38395043 12-411(1)
38405044 Sec. 17 January 1, 2020, and
38415045 applicable to sales
38425046 occurring on or after
38435047 January 1, 2020
5048+12-411(1)
5049+Sec. 18 October 1, 2019, and
5050+applicable to sales
5051+occurring on or after
5052+October 1, 2019
5053+12-407(a)(2)(M)
5054+Sec. 19 October 1, 2019, and
5055+applicable to sales
5056+occurring on or after
5057+October 1, 2019
5058+12-407(a)(13)
5059+Sec. 20 October 1, 2019, and
5060+applicable to sales
5061+occurring on or after
5062+October 1, 2019
5063+12-407(a)
5064+Sec. 21 October 1, 2019, and
5065+applicable to sales
5066+occurring on or after
5067+October 1, 2019
5068+12-407(a)(37)(A)
5069+Sec. 22 January 1, 2020, and
5070+applicable to sales
5071+occurring on or after
5072+January 1, 2020
38445073 12-407(a)(37)
3845-Sec. 18 January 1, 2020, and
5074+Sec. 23 January 1, 2020, and
5075+applicable to sales
5076+occurring on or after
5077+January 1, 2020
5078+12-407(a)(2)(H)
5079+Sec. 24 January 1, 2020, and
5080+applicable to sales
5081+occurring on or after
5082+January 1, 2020
5083+12-407(a)(3)(A)
5084+Governor's Bill No. 877
5085+
5086+
5087+
5088+LCO No. 4566 136 of 138
5089+
5090+Sec. 25 January 1, 2020, and
5091+applicable to sales
5092+occurring on or after
5093+January 1, 2020
5094+12-407(a)(7)
5095+Sec. 26 January 1, 2020, and
5096+applicable to sales
5097+occurring on or after
5098+January 1, 2020
5099+12-407(a)(8)(A)
5100+Sec. 27 January 1, 2020, and
5101+applicable to sales
5102+occurring on or after
5103+January 1, 2020
5104+12-407(a)(9)(A)
5105+Sec. 28 January 1, 2020, and
5106+applicable to sales
5107+occurring on or after
5108+January 1, 2020
5109+12-407(a)(15)(A)
5110+Sec. 29 January 1, 2020, and
5111+applicable to sales
5112+occurring on or after
5113+January 1, 2020
5114+12-407(a)(18) and (19)
5115+Sec. 30 January 1, 2020, and
5116+applicable to sales
5117+occurring on or after
5118+January 1, 2020
5119+12-412(120)
5120+Sec. 31 January 1, 2020, and
5121+applicable to sales
5122+occurring on or after
5123+January 1, 2020
5124+12-412(123)
5125+Sec. 32 January 1, 2020, and
38465126 applicable to sales
38475127 occurring on or after
38485128 January 1, 2020
38495129 12-412
3850-Sec. 19 July 1, 2019 New section
3851-Sec. 20 from passage 12-704c
3852-Sec. 21 July 1, 2019 12-498
3853-Sec. 22 from passage and
5130+Sec. 33 July 1, 2019, and
5131+applicable to sales
5132+occurring on or after July
5133+1, 2019
5134+12-430(4)
5135+Sec. 34 July 1, 2019 4-66o
5136+Sec. 35 from passage 12-263p
5137+Sec. 36 from passage 12-263q
5138+Sec. 37 from passage 12-263r(a)
5139+Sec. 38 from passage 12-263i
5140+Governor's Bill No. 877
5141+
5142+
5143+
5144+LCO No. 4566 137 of 138
5145+
5146+Sec. 39 July 1, 2019, and
5147+applicable to conveyances
5148+occurring on or after July
5149+1, 2019
5150+12-494(b)
5151+Sec. 40 from passage and
38545152 applicable to taxable years
38555153 commencing on or after
38565154 January 1, 2019
3857-12-284b(b)
3858-Sec. 23 from passage and
3859-applicable to taxable years
3860-commencing on or after
3861-January 1, 2019
3862-12-217jj(e)(2)
3863-Sec. 24 from passage 12-219(a)(1) Substitute Bill No. 877
3864-
3865-
3866-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877-
3867-R01-SB.docx }
3868-103 of 104
3869-
3870-Sec. 25 from passage and
3871-applicable to income years
3872-commencing on or after
3873-January 1, 2019
3874-12-214(b)(8)
3875-Sec. 26 from passage 12-214
3876-Sec. 27 from passage and
3877-applicable to income years
3878-commencing on or after
3879-January 1, 2019
3880-12-219(b)(8)
3881-Sec. 28 from passage 12-219
3882-Sec. 29 from passage, and
3883-applicable to income years
3884-commencing on or after
3885-January 1, 2019
3886-12-218e(k)(1)
3887-Sec. 30 July 1, 2019 34-38n(a)
3888-Sec. 31 July 1, 2019 34-243u(a)
3889-Sec. 32 July 1, 2019 34-413(a)
3890-Sec. 33 July 1, 2019, and
3891-applicable to income and
3892-taxable years commencing
3893-on or after January 1, 2019
3894-12-704d
3895-Sec. 34 from passage and
5155+12-217n(d)
5156+Sec. 41 from passage and
38965157 applicable to income years
38975158 commencing on or after
38985159 January 1, 2019
38995160 12-217zz(a)
3900-Sec. 35 from passage and
5161+Sec. 42 from passage and
39015162 applicable to quarterly
39025163 periods commencing on or
39035164 after July 1, 2019
39045165 New section
3905-Sec. 36 July 1, 2019 12-264(a)
3906-Sec. 37 July 1, 2019 12-326a(b)
3907-Sec. 38 October 1, 2019, and
5166+Sec. 43 from passage and
5167+applicable to quarterly
5168+periods commencing on or
5169+after July 1, 2019
5170+New section
5171+Sec. 44 from passage and
5172+applicable to quarterly
5173+periods commencing on or
5174+after July 1, 2019
5175+New section
5176+Sec. 45 July 1, 2019 12-264(a)
5177+Sec. 46 October 1, 2019, and
39085178 applicable to sales
39095179 occurring on or after
39105180 October 1, 2019
39115181 New section
3912-Sec. 39 July 1, 2019, and
3913-applicable to sales
3914-occurring on or after July
3915-1, 2019
3916-12-435
3917-Sec. 40 July 1, 2019 New section Substitute Bill No. 877
3918-
3919-
3920-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00877-
3921-R01-SB.docx }
3922-104 of 104
3923-
3924-Sec. 41 July 1, 2019, and
3925-applicable to sales made on
3926-or after July 1, 2019
3927-12-541
3928-Sec. 42 July 1, 2019 New section
3929-Sec. 43 from passage 12-263q
3930-Sec. 44 from passage 12-263r(a)
3931-Sec. 45 October 1, 2019 12-571
3932-Sec. 46 October 1, 2019 New section
3933-Sec. 47 from passage New section
3934-Sec. 48 July 1, 2019 New section
3935-Sec. 49 from passage New section
3936-Sec. 50 from passage 12-217(a)(1)
3937-Sec. 51 from passage and
5182+Sec. 47 October 1, 2019 12-286a(a)
5183+Sec. 48 October 1, 2019 12-295(a)
5184+Sec. 49 October 1, 2019 12-295a(a)
5185+Sec. 50 October 1, 2019 12-314a
5186+Sec. 51 October 1, 2019 53-344
5187+Sec. 52 October 1, 2019 53-344b
5188+Sec. 53 October 1, 2019 21a-416
5189+Sec. 54 July 1, 2019 12-435
5190+Sec. 55 October 1, 2019 22a-243
5191+Sec. 56 October 1, 2019 22a-244
5192+Sec. 57 October 1, 2019 12-541(a)
5193+Sec. 58 from passage New section
5194+Governor's Bill No. 877
5195+
5196+
5197+
5198+LCO No. 4566 138 of 138
5199+
5200+Sec. 59 from passage New section
5201+Sec. 60 October 1, 2019 New section
5202+Sec. 61 July 1, 2019 34-38n(a)
5203+Sec. 62 July 1, 2019 34-243u(a)
5204+Sec. 63 July 1, 2019 34-413(a)
5205+Sec. 64 July 1, 2019 19a-7p(a)
5206+Sec. 65 July 1, 2019 New section
5207+Sec. 66 from passage 12-217(a)(1)
5208+Sec. 67 from passage and
39385209 applicable to taxable years
39395210 commencing on or after
39405211 January 1, 2019
39415212 Repealer section
3942-Sec. 52 July 1, 2019 Repealer section
3943-Sec. 53 January 1, 2020 Repealer section
3944-
3945-FIN Joint Favorable Subst.
5213+Sec. 68 July 1, 2019 Repealer section
5214+Sec. 69 January 1, 2020 Repealer section
5215+
5216+Statement of Purpose:
5217+To implement the Governor's budget recommendations.
5218+
5219+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
5220+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
5221+not underlined.]
39465222