Connecticut 2020 Regular Session

Connecticut House Bill HB05463 Compare Versions

Only one version of the bill is available at this time.
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33 LCO No. 2364 1 of 64
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55 General Assembly Raised Bill No. 5463
66 February Session, 2020
77 LCO No. 2364
88
99
1010 Referred to Committee on FINANCE, REVENUE AND
1111 BONDING
1212
1313
1414 Introduced by:
1515 (FIN)
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2020 AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS'
2121 RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO
2222 THE TAX AND RELATED STATUTES.
2323 Be it enacted by the Senate and House of Representatives in General
2424 Assembly convened:
2525
2626 Section 1. Subsection (a) of section 12-35 of the 2020 supplement to 1
2727 the general statutes is repealed and the following is substituted in lieu 2
2828 thereof (Effective October 1, 2020): 3
2929 (a) (1) Wherever used in this chapter, unless otherwise provided, 4
3030 "state collection agency" includes the Treasurer, the Commissioner of 5
3131 Revenue Services and any other state official, board or commission 6
3232 authorized by law to collect taxes payable to the state and any duly 7
3333 appointed deputy of any such official, board or commission; "tax" 8
3434 includes not only the principal of any tax but also all interest, penalties, 9
3535 fees and other charges added thereto by law; and "serving officer" 10
3636 includes any state marshal, constable or employee of such state 11
3737 collection agency designated for such purpose by a state collection 12
3838 agency and any person so designated by the Labor Commissioner. 13 Raised Bill No. 5463
3939
4040
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4242 LCO No. 2364 2 of 64
4343
4444 (2) Upon the failure of any person to pay any tax, except any tax 14
4545 under chapter 216, due the state within thirty days from its due date, the 15
4646 state collection agency charged by law with its collection shall add 16
4747 thereto such penalty or interest or both as are prescribed by law, 17
4848 provided, (A) if any statutory penalty is not specified, there may be 18
4949 added a penalty in the amount of ten per cent of the whole or such part 19
5050 of the principal of the tax as is unpaid or fifty dollars, whichever amount 20
5151 is greater, and [provided,] (B) if any statutory interest is not specified, 21
5252 there shall be added interest at the rate of one per cent of the whole or 22
5353 such part of the principal of the tax as is unpaid for each month or 23
5454 fraction thereof, from the due date of such tax to the date of payment. 24
5555 (3) Upon the failure of any person to pay any tax, except any tax 25
5656 under chapter 216, due within thirty days of its due date, the state 26
5757 collection agency charged by law with the collection of such tax may 27
5858 make out and sign a warrant directed to any serving officer for distraint 28
5959 upon any property of such person found within the state, whether real 29
6060 or personal. An itemized bill shall be attached thereto, certified by the 30
6161 state collection agency issuing such warrant as a true statement of the 31
6262 amount due from such person. 32
6363 (A) Such warrant shall have the same force and effect as an execution 33
6464 issued pursuant to chapter 906. Such warrant may be levied on any real 34
6565 property or tangible or intangible personal property of such person, and 35
6666 sale made pursuant to such warrant in the same manner and with the 36
6767 same force and effect as a levy of sale pursuant to an execution. In 37
6868 addition thereto, if such warrant has been issued by the Commissioner 38
6969 of Revenue Services, [his] the commissioner's deputy, the Labor 39
7070 Commissioner, the executive director of the Employment Security 40
7171 Division or any person in the Employment Security Division in a 41
7272 position equivalent to or higher than the position presently held by a 42
7373 revenue examiner four, said serving officer shall be authorized to place 43
7474 a keeper in any place of business and it shall be such keeper's duty to 44
7575 secure the income of such business for the state and, when it is in the 45
7676 best interest of the state, to force cessation of such business operation. In 46
7777 addition, the Attorney General may collect any such tax by civil action. 47 Raised Bill No. 5463
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8181 LCO No. 2364 3 of 64
8282
8383 (B) Each serving officer so receiving a warrant shall make a return 48
8484 with respect to such warrant to the appropriate collection agency within 49
8585 a period of ten days following receipt of such warrant. Each serving 50
8686 officer shall collect from such person, in addition to the amount shown 51
8787 on such warrant, [his] such officer's fees and charges, which shall be 52
8888 twice those authorized by statute for serving officers, provided the 53
8989 minimum charge shall be five dollars and money collected pursuant to 54
9090 such warrant shall be first applied to the amount of any fees and charges 55
9191 of the serving officer. In the case of an employee of the state acting as a 56
9292 serving officer the fees and charges collected by such employee shall 57
9393 inure to the benefit of the state. 58
9494 (4) For the purposes of this section, "keeper" means a person who has 59
9595 been given authority by an officer authorized to serve a tax warrant to 60
9696 act in the state's interest to secure the income of a business for the state 61
9797 and, when it is in the best interest of the state, to force the cessation of 62
9898 such business's operation, upon the failure of such business to pay taxes 63
9999 owed to the state. 64
100100 Sec. 2. Section 12-40 of the general statutes is repealed and the 65
101101 following is substituted in lieu thereof (Effective October 1, 2020): 66
102102 The assessors in each town, except as otherwise specially provided 67
103103 by law, shall, on or before the fifteenth day of October annually, post on 68
104104 the signposts therein, if any, or at some other exterior place near the 69
105105 office of the town clerk, or publish in a newspaper published in such 70
106106 town or, if no newspaper is published in such town, then in any 71
107107 newspaper published in the state having a general circulation in such 72
108108 town, a notice requiring all persons therein liable to pay taxes to bring 73
109109 in a declaration of the taxable personal property belonging to them on 74
110110 the first day of October in that year in accordance with section [12-42] 75
111111 12-41 and the taxable personal property for which a declaration is 76
112112 required in accordance with section 12-43, as amended by this act. 77
113113 Sec. 3. Section 12-43 of the general statutes is repealed and the 78
114114 following is substituted in lieu thereof (Effective October 1, 2020): 79 Raised Bill No. 5463
115115
116116
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118118 LCO No. 2364 4 of 64
119119
120120 (a) Each owner of tangible personal property located in any town for 80
121121 three months or more during the assessment year immediately 81
122122 preceding any assessment day, who is a nonresident of such town, shall 82
123123 file a declaration of such personal property with the assessors of the 83
124124 town in which the same is located on such assessment day, if located in 84
125125 such town for three months or more in such year, otherwise, in the town 85
126126 in which such property is located for the three months or more in such 86
127127 year nearest to such assessment day, under the same provisions as apply 87
128128 to residents, and such personal property shall not be liable to taxation 88
129129 in any other town in this state. The declaration of each nonresident 89
130130 taxpayer shall contain the nonresident's post-office and street address. 90
131131 (b) At least thirty days before the expiration of the time for filing such 91
132132 declaration, the assessors shall mail blank declaration forms to each 92
133133 nonresident, or to such nonresident's attorney or agent having custody 93
134134 of the nonresident's taxable property, or send such forms electronically 94
135135 to such nonresident's electronic mail address or the electronic mail 95
136136 address of such nonresident's attorney or agent, provided such 96
137137 nonresident has requested, in writing, to receive such forms 97
138138 electronically. If the identity or mailing address of a nonresident 98
139139 taxpayer is not discovered until after the expiration of time for filing a 99
140140 declaration, the assessor shall, not later than ten days after determining 100
141141 the identity or mailing address, mail a declaration form to the 101
142142 nonresident taxpayer. [Said] Such taxpayer shall file the declaration not 102
143143 later than fifteen days after the date such declaration form is sent. Each 103
144144 nonresident taxpayer who fails to file a declaration in accordance with 104
145145 the provisions of this section shall be subject to the penalty provided in 105
146146 subsection (e) of section 12-41. 106
147147 (c) As used in this section, "nonresident" means a person who does 107
148148 not reside in the town in which such person's tangible personal property 108
149149 is located on the assessment day, or a company, corporation, limited 109
150150 liability company, partnership or any other type of business enterprise 110
151151 that does not have an established place for conducting business in such 111
152152 town on the assessment day. 112 Raised Bill No. 5463
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154154
155155
156156 LCO No. 2364 5 of 64
157157
158158 Sec. 4. Section 12-44 of the general statutes is repealed and the 113
159159 following is substituted in lieu thereof (Effective October 1, 2020): 114
160160 Twenty-five per cent of the amount of the valuation of any property 115
161161 taxable by any city, borough, school district, fire district or other 116
162162 municipal association which bases its grand list upon that of the town 117
163163 in which it is situated shall be added to such amount on the assessment 118
164164 list of such municipal association in each case in which twenty-five per 119
165165 cent has been added to such amount by such town for the failure to file 120
166166 a list as prescribed by section [12-42] 12-41 or 12-43, as amended by this 121
167167 act; but such penalty shall not be in addition to that previously imposed 122
168168 in the town assessment. 123
169169 Sec. 5. Section 12-54 of the general statutes is repealed and the 124
170170 following is substituted in lieu thereof (Effective October 1, 2020): 125
171171 Each person liable to give in a declaration of such person's taxable 126
172172 tangible personal property and failing to do so may, within sixty days 127
173173 after the expiration of the time fixed by law for filing such declaration, 128
174174 be notified in writing by the [assessors] assessor or a majority of [them] 129
175175 the board of assessors to appear before them to be examined under oath 130
176176 as to such person's property liable to taxation and for the purpose of 131
177177 verifying a declaration made out by them under the provisions of 132
178178 section [12-42] 12-41. Any person who wilfully neglects or refuses to 133
179179 appear before the assessors and make oath as to such person's taxable 134
180180 property within ten days after having been so notified or who, having 135
181181 appeared, refuses to answer shall be fined not more than one thousand 136
182182 dollars. The assessors shall promptly notify the proper prosecuting 137
183183 officers of any violation of any provision of this section. Nothing in this 138
184184 section shall be construed to preclude the assessor from performing an 139
185185 audit of such person's taxable personal property, as provided in section 140
186186 12-53. 141
187187 Sec. 6. Subsection (b) of section 12-57a of the general statutes is 142
188188 repealed and the following is substituted in lieu thereof (Effective October 143
189189 1, 2020): 144 Raised Bill No. 5463
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193193 LCO No. 2364 6 of 64
194194
195195 (b) Whenever any such lessee of personal property fails to file the 145
196196 information required in this section, it shall be assumed that any such 146
197197 property in the lessee's possession is owned by the lessee, who shall be 147
198198 subject to the penalty as provided in section [12-42] 12-41 in the same 148
199199 manner as any owner of personal property who fails to file a personal 149
200200 property declaration as required. 150
201201 Sec. 7. Subsection (a) of section 12-111 of the general statutes is 151
202202 repealed and the following is substituted in lieu thereof (Effective October 152
203203 1, 2020): 153
204204 (a) (1) Any person, including any lessee of real property whose lease 154
205205 has been recorded as provided in section 47-19 and who is bound under 155
206206 the terms of a lease to pay real property taxes and any person to whom 156
207207 title to such property has been transferred since the assessment date, 157
208208 claiming to be aggrieved by the doings of the assessors of such town 158
209209 may appeal therefrom to the board of assessment appeals. Such appeal 159
210210 shall be filed, in writing, on or before February twentieth. The written 160
211211 appeal shall include, but is not limited to, the property owner's name, 161
212212 name and position of the signer, description of the property which is the 162
213213 subject of the appeal, name and mailing address of the party to be sent 163
214214 all correspondence by the board of assessment appeals, reason for the 164
215215 appeal, appellant's estimate of value, signature of property owner, or 165
216216 duly authorized agent of the property owner, and date of signature. 166
217217 (2) The board shall notify each aggrieved taxpayer who filed a written 167
218218 appeal in the proper form and in a timely manner, no later than March 168
219219 first immediately following the assessment date, of the date, time and 169
220220 place of the appeal hearing. Such notice shall be sent no later than seven 170
221221 calendar days preceding the hearing date, except that the board may 171
222222 elect not to conduct an appeal hearing for any commercial, industrial, 172
223223 utility or apartment property with an assessed value greater than one 173
224224 million dollars. The board shall, not later than March first, notify the 174
225225 appellant that the board has elected not to conduct an appeal hearing. 175
226226 An appellant whose appeal will not be heard by the board may appeal 176
227227 directly to the Superior Court pursuant to section 12-117a. 177 Raised Bill No. 5463
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231231 LCO No. 2364 7 of 64
232232
233233 (3) The board shall determine all appeals for which the board 178
234234 conducts an appeal hearing and send written notification of the final 179
235235 determination of such appeals to each such person within one week 180
236236 after such determination has been made. Such written notification shall 181
237237 include information describing the property owner's right to appeal the 182
238238 determination of such board. Such board may equalize and adjust the 183
239239 grand list of such town and may increase or decrease the assessment of 184
240240 any taxable property or interest therein and may add an assessment for 185
241241 property omitted by the assessors which should be added thereto; and 186
242242 may add to the grand list the name of any person omitted by the 187
243243 assessors and owning taxable property in such town, placing therein all 188
244244 property liable to taxation which it has reason to believe is owned by 189
245245 such person, at the percentage of its actual valuation, as determined by 190
246246 the assessors in accordance with the provisions of sections 12-64 and 12-191
247247 71, from the best information that it can obtain. [, and if] If such property 192
248248 should have been included in the declaration, as required by section [12-193
249249 42] 12-41 or 12-43, as amended by this act, [it] the board shall add thereto 194
250250 twenty-five per cent of such assessment; but, before proceeding to 195
251251 increase the assessment of any person or to add to the grand list the 196
252252 name of any person so omitted, [it] the board shall mail to such person, 197
253253 postage paid, at least one week before making such increase or addition, 198
254254 a written or printed notice addressed to such person at the town in 199
255255 which such person resides, to appear before such board and show cause 200
256256 why such increase or addition should not be made. 201
257257 (4) When the board increases or decreases the gross assessment of any 202
258258 taxable real property or interest therein, the amount of such gross 203
259259 assessment shall be fixed until the assessment year in which the 204
260260 municipality next implements a revaluation of all real property 205
261261 pursuant to section 12-62, unless the assessor increases or decreases the 206
262262 gross assessment of the property to [(1)] (A) comply with an order of a 207
263263 court of jurisdiction, [(2)] (B) reflect an addition for new construction, 208
264264 [(3)] (C) reflect a reduction for damage or demolition, or [(4)] (D) correct 209
265265 a factual error by issuance of a certificate of correction. Notwithstanding 210
266266 the provisions of this subsection, if, prior to the next revaluation, the 211 Raised Bill No. 5463
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268268
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270270 LCO No. 2364 8 of 64
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272272 assessor increases or decreases a gross assessment established by the 212
273273 board for any other reason, the assessor shall submit a written 213
274274 explanation to the board setting forth the reason for such increase or 214
275275 decrease. The assessor shall also append the written explanation to the 215
276276 property card for the real estate parcel whose gross assessment was 216
277277 increased or decreased. 217
278278 Sec. 8. Subdivision (4) of section 12-120a of the general statutes is 218
279279 repealed and the following is substituted in lieu thereof (Effective October 219
280280 1, 2020): 220
281281 (4) (A) For purposes of taxable registered motor vehicles, such report 221
282282 shall include the total number of motor vehicles and the total assessed 222
283283 value of such motor vehicles for each of the following classifications 223
284284 related to use: (i) Passenger, (ii) commercial, (iii) combination, (iv) farm, 224
285285 and (v) any other classification; (B) for purposes of taxable vehicles 225
286286 which are not registered and mobile manufactured homes, such report 226
287287 shall include the total number of such vehicles and mobile 227
288288 manufactured homes and the total assessed value for each such 228
289289 category; (C) for purposes of all other taxable personal property, such 229
290290 report shall include the total value of each category of such property as 230
291291 contained in the tax list required pursuant to sections [12-42] 12-41 and 231
292292 12-43, as amended by this act. 232
293293 Sec. 9. Subsection (a) of section 12-121f of the general statutes is 233
294294 repealed and the following is substituted in lieu thereof (Effective October 234
295295 1, 2020): 235
296296 (a) An assessment list in any town, city or borough is not invalid as 236
297297 to the taxpayers of the taxing district as a whole because the assessor 237
298298 committed any one or more of the errors or omissions listed in 238
299299 subdivisions (1) to (15), inclusive, of this subsection unless an action 239
300300 contesting the validity of the assessment list is brought within four 240
301301 months after the assessment date and the plaintiff establishes that the 241
302302 assessor's error or omission will produce a substantial injustice to the 242
303303 taxpayers as a whole: 243 Raised Bill No. 5463
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307307 LCO No. 2364 9 of 64
308308
309309 (1) The assessor failed to give the legal notice required by section 12-244
310310 40, as amended by this act, that all persons liable to pay taxes in the 245
311311 taxing district must, when required by law, bring in written or printed 246
312312 lists of the taxable property belonging to them; 247
313313 (2) The assessor received a list that is either not sworn to or not signed 248
314314 by the person giving that list as required by section 12-49; 249
315315 (3) The assessor received a list after the deadline specified by section 250
316316 [12-42] 12-41 but neglected to fill out a list of the property described and 251
317317 add to the assessment the penalty set by section [12-42] 12-41 for failing 252
318318 to file before the deadline; 253
319319 (4) The assessor failed to give the notice required by subsection (c) of 254
320320 section 12-53 after adding property to the list of any person or 255
321321 corporation making a sworn list; 256
322322 (5) The assessor failed to give the notice required by subsection (c) of 257
323323 section 12-53 after making out a list for a person or corporation that was 258
324324 liable to pay taxes and failed to give a required list; 259
325325 (6) The assessor failed to assess and set house lots separately in lists 260
326326 as land as required by section [12-42] 12-63; 261
327327 (7) The assessor failed to sign any assessment list, or did not sign the 262
328328 assessment list of a town, city or borough collectively but signed the 263
329329 assessment list individually for districts in the town, city or borough; 264
330330 (8) The assessor failed, as required by subsection (a) of section 12-55, 265
331331 to arrange an assessment list in alphabetical order, or to lodge the list in 266
332332 the required office on or before the day designated by law, or at all; 267
333333 (9) The assessor decreased valuations after the day on which the 268
334334 assessment list was lodged or was required by law to be lodged in the 269
335335 required office, but before the date on which the abstract of such list was 270
336336 transmitted or was required to be transmitted to the Secretary of the 271
337337 Office of Policy and Management; 272 Raised Bill No. 5463
338338
339339
340340
341341 LCO No. 2364 10 of 64
342342
343343 (10) The assessor failed, as required by section 12-42, to fill out a list 273
344344 for any person or corporation that failed to return a required list; 274
345345 (11) The assessor incorrectly made an assessment list abstract 275
346346 required by subsection (a) of section 12-55; 276
347347 (12) The assessor failed to compare, sign, return, date or make oath to 277
348348 an abstract of an assessment list of his or her town, as required by law, 278
349349 or omitted from an abstract any part of the list of any person; 279
350350 (13) The assessor did not take the oath required by law; 280
351351 (14) The assessor failed to return to a district clerk an assessment list 281
352352 of the district assessment; or 282
353353 (15) The assessor omitted from the assessment list the taxable 283
354354 property of any person or corporation liable to pay taxes. 284
355355 Sec. 10. Section 12-170aa of the 2020 supplement to the general 285
356356 statutes is repealed and the following is substituted in lieu thereof 286
357357 (Effective October 1, 2020): 287
358358 (a) There is established, for the assessment year commencing October 288
359359 1, 1985, and each assessment year thereafter, a revised state program of 289
360360 property tax relief for certain elderly homeowners as determined in 290
361361 accordance with subsection (b) of this section, and additionally for the 291
362362 assessment year commencing October 1, 1986, and each assessment year 292
363363 thereafter, the property tax relief benefits of such program are made 293
364364 available to certain homeowners who are permanently and totally 294
365365 disabled as determined in accordance with said subsection. [(b) of this 295
366366 section.] 296
367367 (b) (1) The program established by this section shall provide for a 297
368368 reduction in property tax, except in the case of benefits payable as a 298
369369 grant under certain circumstances in accordance with provisions in 299
370370 subsection (j) of this section, applicable to the assessed value of certain 300
371371 real property, determined in accordance with subsection (c) of this 301
372372 section, for any (A) owner of real property, including any owner of real 302 Raised Bill No. 5463
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374374
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376376 LCO No. 2364 11 of 64
377377
378378 property held in trust for such owner, provided such owner or such 303
379379 owner and such owner's spouse are the grantor and beneficiary of such 304
380380 trust, (B) tenant for life or tenant for a term of years liable for property 305
381381 tax under section 12-48, or (C) resident of a multiple-dwelling complex 306
382382 under certain contractual conditions as provided in [said] subsection (j) 307
383383 of this section, who (i) at the close of the preceding calendar year has 308
384384 attained age sixty-five or over, or whose spouse domiciled with such 309
385385 homeowner, has attained age sixty-five or over at the close of the 310
386386 preceding calendar year, or is fifty years of age or over and the surviving 311
387387 spouse of a homeowner who at the time of [his] such homeowner's 312
388388 death had qualified and was entitled to tax relief under this section, 313
389389 provided such spouse was domiciled with such homeowner at the time 314
390390 of [his] such homeowner's death, or (ii) at the close of the preceding 315
391391 calendar year has not attained age sixty-five and is eligible in accordance 316
392392 with applicable federal regulations to receive permanent total disability 317
393393 benefits under Social Security, or has not been engaged in employment 318
394394 covered by Social Security and accordingly has not qualified for benefits 319
395395 thereunder but who has become qualified for permanent total disability 320
396396 benefits under any federal, state or local government retirement or 321
397397 disability plan, including the Railroad Retirement Act and any 322
398398 government-related teacher's retirement plan, determined by the 323
399399 Secretary of the Office of Policy and Management to contain 324
400400 requirements in respect to qualification for such permanent total 325
401401 disability benefits [which] that are comparable to such requirements 326
402402 under Social Security; and in addition to qualification under clause (i) 327
403403 or (ii) [above] of this subdivision, whose taxable and nontaxable income, 328
404404 the total of which shall hereinafter be called "qualifying income", in the 329
405405 tax year of such homeowner ending immediately preceding the date of 330
406406 application for benefits under the program in this section, was not in 331
407407 excess of sixteen thousand two hundred dollars, if unmarried, or twenty 332
408408 thousand dollars, jointly with spouse if married, subject to adjustments 333
409409 in accordance with subdivision (2) of this subsection, evidence of which 334
410410 income shall be required in the form of a signed affidavit to be submitted 335
411411 to the assessor in the municipality in which application for benefits 336
412412 under this section is filed. The amount of any Medicaid payments made 337 Raised Bill No. 5463
413413
414414
415415
416416 LCO No. 2364 12 of 64
417417
418418 on behalf of such homeowner or the spouse of such homeowner shall 338
419419 not constitute income. The amount of tax reduction provided under this 339
420420 section, determined in accordance with and subject to the variable 340
421421 factors in the schedule of amounts of tax reduction in subsection (c) of 341
422422 this section, shall be allowed only with respect to a residential dwelling 342
423423 owned by such qualified homeowner and used as such homeowner's 343
424424 primary place of residence. If title to real property or a tenancy interest 344
425425 liable for real property taxes is recorded in the name of such qualified 345
426426 homeowner or his spouse making a claim and qualifying under this 346
427427 section and any other person or persons, the claimant hereunder shall 347
428428 be entitled to pay his fractional share of the tax on such property 348
429429 calculated in accordance with the provisions of this section, and such 349
430430 other person or persons shall pay his or their fractional share of the tax 350
431431 without regard for the provisions of this section, unless also qualified 351
432432 hereunder. For the purposes of this section, a "mobile manufactured 352
433433 home", as defined in section 12-63a, or a dwelling on leased land, 353
434434 including, but not limited to, a modular home, shall be deemed to be 354
435435 real property and the word "taxes" shall not include special assessments, 355
436436 interest and lien fees. 356
437437 (2) The amounts of qualifying income as provided in this section shall 357
438438 be adjusted annually in a uniform manner to reflect the annual inflation 358
439439 adjustment in Social Security income, with each such adjustment of 359
440440 qualifying income determined to the nearest one hundred dollars. Each 360
441441 such adjustment of qualifying income shall be prepared by the Secretary 361
442442 of the Office of Policy and Management in relation to the annual 362
443443 inflation adjustment in Social Security, if any, becoming effective at any 363
444444 time during the twelve-month period immediately preceding the first 364
445445 day of October each year and the amount of such adjustment shall be 365
446446 distributed to the assessors in each municipality not later than the thirty-366
447447 first day of December next following. 367
448448 (3) For purposes of determining qualifying income under subdivision 368
449449 (1) of this subsection with respect to a married homeowner who submits 369
450450 an application for tax reduction in accordance with this section, the 370
451451 Social Security income of the spouse of such homeowner shall not be 371 Raised Bill No. 5463
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454454
455455 LCO No. 2364 13 of 64
456456
457457 included in the qualifying income of such homeowner, for purposes of 372
458458 determining eligibility for benefits under this section, if such spouse is 373
459459 a resident of a health care or nursing home facility in this state receiving 374
460460 payment related to such spouse under the Title XIX Medicaid program. 375
461461 An applicant who is legally separated pursuant to the provisions of 376
462462 section 46b-40, as of the thirty-first day of December preceding the date 377
463463 on which such person files an application for a grant in accordance with 378
464464 subsection (a) of this section, may apply as an unmarried person and 379
465465 shall be regarded as such for purposes of determining qualifying income 380
466466 under said subsection. 381
467467 (c) The amount of reduction in property tax provided under this 382
468468 section shall, subject to the provisions of subsection (d) of this section, 383
469469 be determined in accordance with the following schedule: 384
470470 T1 Qualifying Income Tax Reduction Tax Reduction
471471 T2 As Percentage For Any Year
472472 T3 Over Not Exceeding Of Property Tax
473473 T4 Married Homeowners Maximum Minimum
474474 T5 $ 0 $11,700 50% $1,250 $400
475475 T6 11,700 15,900 40 1,000 350
476476 T7 15,900 19,700 30 750 250
477477 T8 19,700 23,600 20 500 150
478478 T9 23,600 28,900 10 250 150
479479 T10 28,900 None
480480 T11 Unmarried Homeowners
481481 T12 $ 0 $11,700 40% $1,000 $350
482482 T13 11,700 15,900 30 750 250
483483 T14 15,900 19,700 20 500 150
484484 T15 19,700 23,600 10 250 150
485485 T16 23,600 None
486486
487487 (d) Any homeowner qualified for tax reduction in accordance with 385
488488 subsection (b) of this section in an amount to be determined under the 386 Raised Bill No. 5463
489489
490490
491491
492492 LCO No. 2364 14 of 64
493493
494494 schedule of such tax reduction in subsection (c) of this section, shall in 387
495495 no event receive less in tax reduction than the minimum amount of such 388
496496 reduction applicable to the qualifying income of such homeowner 389
497497 according to the schedule in said subsection (c). 390
498498 (e) (1) Any claim for tax reduction under this section shall be 391
499499 submitted for approval, on the application form prepared for such 392
500500 purpose by the Secretary of the Office of Policy and Management, in the 393
501501 first year claim for such tax relief is filed and biennially thereafter. The 394
502502 amount of tax reduction approved shall be applied to the real property 395
503503 tax payable by the homeowner for the assessment year in which such 396
504504 application is submitted and approved. If any such homeowner has 397
505505 qualified for tax reduction under this section, the tax reduction 398
506506 determined shall, when possible, be applied and prorated uniformly 399
507507 over the number of installments in which the real property tax is due 400
508508 and payable to the municipality in which [he] such homeowner resides. 401
509509 In the case of any homeowner who is eligible for tax reduction under 402
510510 this section as a result of increases in qualifying income, [effective with 403
511511 respect to the assessment year commencing October 1, 1987,] under the 404
512512 schedule of qualifying income and tax reduction in subsection (c) of this 405
513513 section, exclusive of any such increases related to [social security] Social 406
514514 Security adjustments in accordance with subsection (b) of this section, 407
515515 the total amount of tax reduction to which such homeowner is entitled 408
516516 shall be credited and uniformly prorated against property tax 409
517517 installment payments applicable to such homeowner's residence 410
518518 [which] that become due after such homeowner's application for tax 411
519519 reduction under this section is accepted. In the event that a homeowner 412
520520 has paid in full the amount of property tax applicable to such 413
521521 homeowner's residence, regardless of whether the municipality requires 414
522522 the payment of property taxes in one or more installments, such 415
523523 municipality shall make payment to such homeowner in the amount of 416
524524 the tax reduction allowed. The municipality shall be reimbursed for the 417
525525 amount of such payment in accordance with subsection (g) of this 418
526526 section. 419
527527 (2) In respect to such application required biennially after the filing 420 Raised Bill No. 5463
528528
529529
530530
531531 LCO No. 2364 15 of 64
532532
533533 and approval for the first year, the tax assessor in each municipality 421
534534 shall notify each such homeowner concerning application requirements 422
535535 by regular mail not later than February first, annually enclosing a copy 423
536536 of the required application form. Such homeowner may submit such 424
537537 application to the assessor by mail, provided it is received by the 425
538538 assessor not later than April fifteenth in the assessment year with 426
539539 respect to which such tax reduction is claimed. Not later than April 427
540540 thirtieth of such year the assessor shall notify, by mail evidenced by a 428
541541 certificate of mailing, any such homeowner for whom such application 429
542542 was not received by said April fifteenth concerning application 430
543543 requirements and such homeowner shall be required not later than May 431
544544 fifteenth to submit such application personally or, for reasonable cause, 432
545545 by a person acting on behalf of such taxpayer as approved by the 433
546546 assessor. In the year immediately following any year in which such 434
547547 homeowner has submitted application and qualified for tax reduction 435
548548 in accordance with this section, such homeowner shall be presumed, 436
549549 without filing application therefor, to be qualified for tax reduction in 437
550550 accordance with the schedule in subsection (c) of this section in the same 438
551551 percentage of property tax as allowed in the year immediately 439
552552 preceding. 440
553553 (3) If any homeowner has qualified and received tax reduction under 441
554554 this section and subsequently in any calendar year has qualifying 442
555555 income in excess of the maximum described in this section, such 443
556556 homeowner shall notify the tax assessor on or before the next filing date 444
557557 and shall be denied tax reduction under this section for the assessment 445
558558 year and any subsequent year or until such homeowner has reapplied 446
559559 and again qualified for benefits under this section. Any such person who 447
560560 fails to so notify the tax assessor of his disqualification shall refund all 448
561561 amounts of tax reduction improperly taken and be fined not more than 449
562562 five hundred dollars. 450
563563 (f) (1) Any homeowner, believing such homeowner is entitled to tax 451
564564 reduction benefits under this section for any assessment year, shall 452
565565 make application as required in subsection (e) of this section, to the 453
566566 assessor of the municipality in which the homeowner resides, for such 454 Raised Bill No. 5463
567567
568568
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570570 LCO No. 2364 16 of 64
571571
572572 tax reduction at any time from February first to and including May 455
573573 fifteenth of the year in which tax reduction is claimed. A homeowner 456
574574 may make application to the secretary prior to August fifteenth of the 457
575575 claim year for an extension of the application period. The secretary may 458
576576 grant such extension in the case of extenuating circumstance due to 459
577577 illness or incapacitation as evidenced by a certificate signed by a 460
578578 physician or an advanced practice registered nurse to that extent, or if 461
579579 the secretary determines there is good cause for doing so. Such 462
580580 application for tax reduction benefits shall be submitted on a form 463
581581 prescribed and furnished by the secretary to the assessor. In making 464
582582 application the homeowner shall present to such assessor, in 465
583583 substantiation of such homeowner's application, a copy of such 466
584584 homeowner's federal income tax return, including a copy of the Social 467
585585 Security statement of earnings for such homeowner, and that of such 468
586586 homeowner's spouse, if filed separately, for such homeowner's taxable 469
587587 year ending immediately prior to the submission of such application, or 470
588588 if not required to file a return, such other evidence of qualifying income 471
589589 in respect to such taxable year as may be required by the assessor. 472
590590 (2) When the assessor is satisfied that the applying homeowner is 473
591591 entitled to tax reduction in accordance with this section, such assessor 474
592592 shall issue a certificate of credit, in such form as the secretary may 475
593593 prescribe and supply showing the amount of tax reduction allowed. A 476
594594 duplicate of such certificate shall be delivered to the applicant and the 477
595595 tax collector of the municipality and the assessor shall keep the fourth 478
596596 copy of such certificate and a copy of the application. Any homeowner 479
597597 who, for the purpose of obtaining a tax reduction under this section, 480
598598 wilfully fails to disclose all matters related thereto or with intent to 481
599599 defraud makes false statement shall refund all property tax credits 482
600600 improperly taken and shall be fined not more than five hundred dollars. 483
601601 (3) Applications filed under this section shall not be open for public 484
602602 inspection. 485
603603 (g) (1) On or before July first, annually, each municipality shall 486
604604 submit to the secretary a claim for the tax reductions approved under 487 Raised Bill No. 5463
605605
606606
607607
608608 LCO No. 2364 17 of 64
609609
610610 this section in relation to the assessment list of October first immediately 488
611611 preceding. On or after December [1, 1987] first, annually, any 489
612612 municipality that neglects to transmit to the secretary the claim as 490
613613 required by this section shall forfeit two hundred fifty dollars to the 491
614614 state, except that the secretary may waive such forfeiture in accordance 492
615615 with procedures and standards established by regulations adopted in 493
616616 accordance with chapter 54. 494
617617 (2) Subject to procedures for review and approval of such data 495
618618 pursuant to section 12-120b, said secretary shall, on or before December 496
619619 fifteenth next following, certify to the Comptroller the amount due each 497
620620 municipality as reimbursement for loss of property tax revenue related 498
621621 to the tax reductions allowed under this section, except that the 499
622622 secretary may reduce the amount due as reimbursement under this 500
623623 section by up to one hundred per cent for any municipality that is not 501
624624 eligible for a grant under section 32-9s. The Comptroller shall draw an 502
625625 order on the Treasurer on or before the fifth business day following 503
626626 December fifteenth and the Treasurer shall pay the amount due each 504
627627 municipality not later than the thirty-first day of December. 505
628628 (3) Any claimant aggrieved by the results of the secretary's review 506
629629 shall have the rights of appeal as set forth in section 12-120b. The 507
630630 amount of the grant payable to each municipality in any year in 508
631631 accordance with this section shall be reduced proportionately in the 509
632632 event that the total of such grants in such year exceeds the amount 510
633633 appropriated for the purposes of this section with respect to such year. 511
634634 (h) Any person who is the owner of a residential dwelling on leased 512
635635 land, including any such person who is a sublessee under terms of the 513
636636 lease agreement applicable to such land, shall be entitled to claim tax 514
637637 relief under the provisions of this section, subject to all requirements 515
638638 therein except as provided in this [subdivision] subsection, with respect 516
639639 to property taxes paid by such person on the assessed value of such 517
640640 dwelling, provided (1) the dwelling is such person's principal place of 518
641641 residence, (2) such lease or sublease requires that such person as the 519
642642 lessee or sublessee, whichever is applicable, pay all property taxes 520 Raised Bill No. 5463
643643
644644
645645
646646 LCO No. 2364 18 of 64
647647
648648 related to the dwelling and (3) such lease or sublease is recorded in the 521
649649 land records of the town. 522
650650 (i) (1) If any person with respect to whom a claim for tax reduction in 523
651651 accordance with this section has been approved for any assessment year 524
652652 transfers, assigns, grants or otherwise conveys on or after the first day 525
653653 of October but prior to the first day of August in such assessment year 526
654654 the interest in real property to which such claim for tax credit is related, 527
655655 regardless of whether such transfer, assignment, grant or conveyance is 528
656656 voluntary or involuntary, the amount of such tax credit shall be a pro 529
657657 rata portion of the amount otherwise applicable in such assessment year 530
658658 to be determined by a fraction the numerator of which shall be the 531
659659 number of full months from the first day of October in such assessment 532
660660 year to the date of such conveyance and the denominator of which shall 533
661661 be twelve. If such conveyance occurs in the month of October the 534
662662 grantor shall be disqualified for tax credit in such assessment year. The 535
663663 grantee shall be required within a period not exceeding ten days 536
664664 immediately following the date of such conveyance to notify the 537
665665 assessor thereof, or in the absence of such notice, upon determination 538
666666 by the assessor that such transfer, assignment, grant or conveyance has 539
667667 occurred, the assessor shall [(1)] (A) determine the amount of tax 540
668668 reduction to which the grantor is entitled for such assessment year with 541
669669 respect to the interest in real property conveyed and notify the tax 542
670670 collector of the reduced amount of tax reduction applicable to such 543
671671 interest, and [(2)] (B) notify the Secretary of the Office of Policy and 544
672672 Management on or before the October first immediately following the 545
673673 end of the assessment year in which such conveyance occurs of the 546
674674 reduction in such tax reduction for purposes of a corresponding 547
675675 adjustment in the amount of state payment to the municipality next 548
676676 following as reimbursement for the revenue loss related to such tax 549
677677 reductions. On or after December [1, 1987] first, annually, any 550
678678 municipality [which] that neglects to transmit to the Secretary of the 551
679679 Office of Policy and Management the claim as required by this section 552
680680 shall forfeit two hundred fifty dollars to the state provided the secretary 553
681681 may waive such forfeiture in accordance with procedures and standards 554 Raised Bill No. 5463
682682
683683
684684
685685 LCO No. 2364 19 of 64
686686
687687 established by regulations adopted in accordance with chapter 54. 555
688688 (2) Upon receipt of such notice from the assessor, the tax collector 556
689689 shall, if such notice is received after the tax due date in the municipality, 557
690690 within ten days thereafter mail or hand a bill to the grantee stating the 558
691691 additional amount of tax due as determined by the assessor. Such tax 559
692692 shall be due and payable and collectible as other property taxes and 560
693693 subject to the same liens and processes of collection, provided such tax 561
694694 shall be due and payable in an initial or single installment not sooner 562
695695 than thirty days after the date such bill is mailed or handed to the 563
696696 grantee and in equal amounts in any remaining, regular installments as 564
697697 the same are due and payable. 565
698698 (j) (1) Notwithstanding the intent in subsections (a) to (i), inclusive, 566
699699 of this section to provide for benefits in the form of property tax 567
700700 reduction applicable to persons liable for payment of such property tax 568
701701 and qualified in accordance with requirements related to age and 569
702702 income as provided in subsection (b) of this section, a certain annual 570
703703 benefit, determined in amount under the provisions of subsections (c) 571
704704 and (d) of this section but payable in a manner as prescribed in this 572
705705 subsection, shall be provided with respect to any person who (A) is 573
706706 qualified in accordance with said requirements related to age and 574
707707 income as provided in subsection (b) of this section, including 575
708708 provisions concerning such person's spouse, and (B) is a resident of a 576
709709 dwelling unit within a multiple-dwelling complex containing dwelling 577
710710 units for occupancy by certain elderly persons under terms of a contract 578
711711 between such resident and the owner of such complex, in accordance 579
712712 with which contract such resident occupies a certain dwelling unit 580
713713 subject to the express provision that such resident has no legal title, 581
714714 interest or leasehold estate in the real or personal property of such 582
715715 complex, and under the terms of which contract such resident agrees to 583
716716 pay the owner of the complex a fee, as a condition precedent to 584
717717 occupancy and a monthly or other such periodic fee thereafter as a 585
718718 condition of continued occupancy. In no event shall any such resident 586
719719 be qualified for benefits payable in accordance with this subsection if, as 587
720720 determined by the assessor in the municipality in which such complex 588 Raised Bill No. 5463
721721
722722
723723
724724 LCO No. 2364 20 of 64
725725
726726 is situated, such resident's contract with the owner of such complex, or 589
727727 occupancy by such resident (i) confers upon such resident any 590
728728 ownership interest in the dwelling unit occupied or in such complex, or 591
729729 (ii) establishes a contract of lease of any type for the dwelling unit 592
730730 occupied by such resident. 593
731731 (2) The amount of annual benefit payable in accordance with this 594
732732 subsection to any such resident, qualified as provided in subdivision (1) 595
733733 of this subsection, shall be determined in relation to an assumed amount 596
734734 of property tax liability applicable to the assessed value for the dwelling 597
735735 unit which such resident occupies, as determined by the assessor in the 598
736736 municipality in which such complex is situated. Annually, not later than 599
737737 the first day of June, the assessor in such municipality, upon receipt of 600
738738 an application for such benefit submitted in accordance with this 601
739739 subsection by any such resident, shall determine, with respect to the 602
740740 assessment list in such municipality for the assessment year 603
741741 commencing October first immediately preceding, the portion of the 604
742742 assessed value of the entire complex, as included in such assessment list, 605
743743 attributable to the dwelling unit occupied by such resident. The 606
744744 assumed property tax liability for purposes of this subsection shall be 607
745745 the product of such assessed value and the mill rate in such municipality 608
746746 as determined for purposes of property tax imposed on said assessment 609
747747 list for the assessment year commencing October first immediately 610
748748 preceding. The amount of benefit to which such resident shall be 611
749749 entitled for such assessment year shall be equivalent to the amount of 612
750750 tax reduction for which such resident would qualify, considering such 613
751751 assumed property tax liability to be the actual property tax applicable 614
752752 to such resident's dwelling unit and such resident as liable for the 615
753753 payment of such tax, in accordance with the schedule of qualifying 616
754754 income and tax reduction as provided in subsection (c) of this section, 617
755755 subject to provisions concerning maximum allowable benefit for any 618
756756 assessment year under subsections (c) and (d) of this section. The 619
757757 amount of benefit as determined for such resident in respect to any 620
758758 assessment year shall be payable by the state as a grant to such resident 621
759759 equivalent to the amount of property tax reduction to which such 622 Raised Bill No. 5463
760760
761761
762762
763763 LCO No. 2364 21 of 64
764764
765765 resident would be entitled under subsections (a) to (i), inclusive, of this 623
766766 section if such resident were the owner of such dwelling unit and 624
767767 qualified for tax reduction benefits under said subsections (a) to (i), 625
768768 inclusive. 626
769769 (3) Any such resident entitled to a grant as provided in subdivision 627
770770 (2) of this subsection shall be required to submit an application for such 628
771771 grant to the assessor in the municipality in which such resident resides 629
772772 at any time from February first to and including the fifteenth day of May 630
773773 in the year in which such grant is claimed, on a form prescribed and 631
774774 furnished for such purpose by the Secretary of the Office of Policy and 632
775775 Management. Any such resident submitting an application for such 633
776776 grant shall be required to present to the assessor, in substantiation of 634
777777 such application, a copy of such resident's federal income tax return, 635
778778 and if not required to file a federal income tax return, such other 636
779779 evidence of qualifying income, receipts for money received or cancelled 637
780780 checks, or copies thereof, and any other evidence the assessor may 638
781781 require. Not later than the first day of July in such year, the assessor shall 639
782782 submit to the Secretary of the Office of Policy and Management (A) a 640
783783 copy of the application prepared by such resident, together with such 641
784784 resident's federal income tax return, if required to file such a return, and 642
785785 any other information submitted in relation thereto, (B) determinations 643
786786 of the assessor concerning the assessed value of the dwelling unit in 644
787787 such complex occupied by such resident, and (C) the amount of such 645
788788 grant approved by the assessor. Said secretary, upon approving such 646
789789 grant, shall certify the amount thereof and not later than the fifteenth 647
790790 day of September immediately following submit approval for payment 648
791791 of such grant to the State Comptroller. Not later than five business days 649
792792 immediately following receipt of such approval for payment, the State 650
793793 Comptroller shall draw [his or her] an order [upon] on the State 651
794794 Treasurer and the Treasurer shall pay the amount of the grant to such 652
795795 resident not later than the first day of October immediately following. 653
796796 (k) If the Secretary of the Office of Policy and Management makes any 654
797797 adjustments to the grants for tax reductions or assumed amounts of 655
798798 property tax liability claimed under this section subsequent to the 656 Raised Bill No. 5463
799799
800800
801801
802802 LCO No. 2364 22 of 64
803803
804804 [Comptroller the] State Comptroller's order of payment of [said] such 657
805805 grants in any year, the amount of such adjustment shall be reflected in 658
806806 the next payment the Treasurer shall make to such municipality 659
807807 pursuant to this section. 660
808808 Sec. 11. Subsection (a) of section 12-208 of the 2020 supplement to the 661
809809 general statutes is repealed and the following is substituted in lieu 662
810810 thereof (Effective October 1, 2020): 663
811811 (a) Any company subject to any tax or charge under this chapter that 664
812812 is aggrieved by the action of the commissioner or the commissioner's 665
813813 authorized agent in fixing the amount of any tax, penalty, interest or 666
814814 charge provided for by this chapter may apply to the commissioner, in 667
815815 writing, not later than sixty days after the notice of such action is 668
816816 delivered or mailed to the company, for a hearing and a correction of 669
817817 the amount of such tax, penalty, interest or charge, so fixed, setting forth 670
818818 the reasons why such hearing should be granted and the amount in 671
819819 which such tax, penalty, interest or charge should be reduced. The 672
820820 commissioner shall promptly consider each such application and may 673
821821 grant or deny the hearing requested. If the hearing is denied, the 674
822822 applicant shall be notified forthwith. If it is granted, the commissioner 675
823823 shall notify the applicant of the time and place fixed for such hearing. 676
824824 After such hearing the commissioner may make such order in the 677
825825 premises as appears to [him] the commissioner just and lawful and shall 678
826826 furnish a copy of such order to the applicant. The commissioner may, 679
827827 by notice in writing, at any time within three years after the date when 680
828828 any return of any such person has been due, order a hearing on [his 681
829829 own] the commissioner's initiative and require such person or any other 682
830830 individual whom the commissioner believes to be in possession of 683
831831 relevant information concerning such person to appear before the 684
832832 commissioner or the commissioner's authorized agent with any 685
833833 specified books of account, papers or other documents, for examination 686
834834 under oath. 687
835835 Sec. 12. Subsection (b) of section 12-214 of the 2020 supplement to the 688
836836 general statutes is repealed and the following is substituted in lieu 689 Raised Bill No. 5463
837837
838838
839839
840840 LCO No. 2364 23 of 64
841841
842842 thereof (Effective October 1, 2020): 690
843843 [(b) (1) With respect to income years commencing on or after January 691
844844 1, 1989, and prior to January 1, 1992, any company subject to the tax 692
845845 imposed in accordance with subsection (a) of this section shall pay, for 693
846846 each such income year, an additional tax in an amount equal to twenty 694
847847 per cent of the tax calculated under said subsection (a) for such income 695
848848 year, without reduction of the tax so calculated by the amount of any 696
849849 credit against such tax. The additional amount of tax determined under 697
850850 this subsection for any income year shall constitute a part of the tax 698
851851 imposed by the provisions of said subsection (a) and shall become due 699
852852 and be paid, collected and enforced as provided in this chapter. 700
853853 (2) With respect to income years commencing on or after January 1, 701
854854 1992, and prior to January 1, 1993, any company subject to the tax 702
855855 imposed in accordance with subsection (a) of this section shall pay, for 703
856856 each such income year, an additional tax in an amount equal to ten per 704
857857 cent of the tax calculated under said subsection (a) for such income year, 705
858858 without reduction of the tax so calculated by the amount of any credit 706
859859 against such tax. The additional amount of tax determined under this 707
860860 subsection for any income year shall constitute a part of the tax imposed 708
861861 by the provisions of said subsection (a) and shall become due and be 709
862862 paid, collected and enforced as provided in this chapter. 710
863863 (3) With respect to income years commencing on or after January 1, 711
864864 2003, and prior to January 1, 2004, any company subject to the tax 712
865865 imposed in accordance with subsection (a) of this section shall pay, for 713
866866 each such income year, an additional tax in an amount equal to twenty 714
867867 per cent of the tax calculated under said subsection (a) for such income 715
868868 year, without reduction of the tax so calculated by the amount of any 716
869869 credit against such tax. The additional amount of tax determined under 717
870870 this subsection for any income year shall constitute a part of the tax 718
871871 imposed by the provisions of said subsection (a) and shall become due 719
872872 and be paid, collected and enforced as provided in this chapter. 720
873873 (4) With respect to income years commencing on or after January 1, 721 Raised Bill No. 5463
874874
875875
876876
877877 LCO No. 2364 24 of 64
878878
879879 2004, and prior to January 1, 2005, any company subject to the tax 722
880880 imposed in accordance with subsection (a) of this section shall pay, for 723
881881 each such income year, an additional tax in an amount equal to twenty-724
882882 five per cent of the tax calculated under said subsection (a) for such 725
883883 income year, without reduction of the tax so calculated by the amount 726
884884 of any credit against such tax, except that any company that pays the 727
885885 minimum tax of two hundred fifty dollars under section 12-219 or 12-728
886886 223c for such income year shall not be subject to the additional tax 729
887887 imposed by this subdivision. The additional amount of tax determined 730
888888 under this subdivision for any income year shall constitute a part of the 731
889889 tax imposed by the provisions of said subsection (a) and shall become 732
890890 due and be paid, collected and enforced as provided in this chapter.] 733
891891 [(5)] (b) (1) With respect to income years commencing on or after 734
892892 January 1, 2006, and prior to January 1, 2007, any company subject to the 735
893893 tax imposed in accordance with subsection (a) of this section shall pay, 736
894894 except when the tax so calculated is equal to two hundred fifty dollars, 737
895895 for each such income year, an additional tax in an amount equal to 738
896896 twenty per cent of the tax calculated under said subsection (a) for such 739
897897 income year, without reduction of the tax so calculated by the amount 740
898898 of any credit against such tax. The additional amount of tax determined 741
899899 under this subsection for any income year shall constitute a part of the 742
900900 tax imposed by the provisions of said subsection (a) and shall become 743
901901 due and be paid, collected and enforced as provided in this chapter. 744
902902 [(6)] (2) (A) With respect to income years commencing on or after 745
903903 January 1, 2009, and prior to January 1, 2012, any company subject to the 746
904904 tax imposed in accordance with subsection (a) of this section shall pay, 747
905905 for each such income year, except when the tax so calculated is equal to 748
906906 two hundred fifty dollars, an additional tax in an amount equal to ten 749
907907 per cent of the tax calculated under said subsection (a) for such income 750
908908 year, without reduction of the tax so calculated by the amount of any 751
909909 credit against such tax. The additional amount of tax determined under 752
910910 this subsection for any income year shall constitute a part of the tax 753
911911 imposed by the provisions of said subsection (a) and shall become due 754
912912 and be paid, collected and enforced as provided in this chapter. 755 Raised Bill No. 5463
913913
914914
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916916 LCO No. 2364 25 of 64
917917
918918 (B) Any company whose gross income for the income year was less 756
919919 than one hundred million dollars shall not be subject to the additional 757
920920 tax imposed under subparagraph (A) of this subdivision. This exception 758
921921 shall not apply to companies filing a combined return for the income 759
922922 year under section 12-223a or a unitary return under subsection (d) of 760
923923 section 12-218d. 761
924924 [(7)] (3) (A) With respect to income years commencing on or after 762
925925 January 1, 2012, and prior to January 1, 2018, any company subject to the 763
926926 tax imposed in accordance with subsection (a) of this section shall pay, 764
927927 for each such income year, except when the tax so calculated is equal to 765
928928 two hundred fifty dollars, an additional tax in an amount equal to 766
929929 twenty per cent of the tax calculated under said subsection (a) for such 767
930930 income year, without reduction of the tax so calculated by the amount 768
931931 of any credit against such tax. The additional amount of tax determined 769
932932 under this subsection for any income year shall constitute a part of the 770
933933 tax imposed by the provisions of said subsection (a) and shall become 771
934934 due and be paid, collected and enforced as provided in this chapter. 772
935935 (B) Any company whose gross income for the income year was less 773
936936 than one hundred million dollars shall not be subject to the additional 774
937937 tax imposed under subparagraph (A) of this subdivision. With respect 775
938938 to income years commencing on or after January 1, 2012, and prior to 776
939939 January 1, 2016, this exception shall not apply to companies filing a 777
940940 combined return for the income year under section 12-223a or a unitary 778
941941 return under subsection (d) of section 12-218d. With respect to income 779
942942 years commencing on or after January 1, 2016, and prior to January 1, 780
943943 2018, this exception shall not apply to taxable members of a combined 781
944944 group that files a combined unitary tax return. 782
945945 [(8)] (4) (A) With respect to income years commencing on or after 783
946946 January 1, 2018, and prior to January 1, 2021, any company subject to the 784
947947 tax imposed in accordance with subsection (a) of this section shall pay, 785
948948 for such income year, except when the tax so calculated is equal to two 786
949949 hundred fifty dollars, an additional tax in an amount equal to ten per 787
950950 cent of the tax calculated under said subsection (a) for such income year, 788 Raised Bill No. 5463
951951
952952
953953
954954 LCO No. 2364 26 of 64
955955
956956 without reduction of the tax so calculated by the amount of any credit 789
957957 against such tax. The additional amount of tax determined under this 790
958958 subsection for any income year shall constitute a part of the tax imposed 791
959959 by the provisions of said subsection (a) and shall become due and be 792
960960 paid, collected and enforced as provided in this chapter. 793
961961 (B) Any company whose gross income for the income year was less 794
962962 than one hundred million dollars shall not be subject to the additional 795
963963 tax imposed under subparagraph (A) of this subdivision. This exception 796
964964 shall not apply to taxable members of a combined group that files a 797
965965 combined unitary tax return. 798
966966 Sec. 13. Subsection (b) of section 12-219 of the 2020 supplement to the 799
967967 general statutes is repealed and the following is substituted in lieu 800
968968 thereof (Effective October 1, 2020): 801
969969 [(b) (1) With respect to income years commencing on or after January 802
970970 1, 1989, and prior to January 1, 1992, the additional tax imposed on any 803
971971 company and calculated in accordance with subsection (a) of this section 804
972972 shall, for each such income year, except when the tax so calculated is 805
973973 equal to two hundred fifty dollars, be increased by adding thereto an 806
974974 amount equal to twenty per cent of the additional tax so calculated for 807
975975 such income year, without reduction of the additional tax so calculated 808
976976 by the amount of any credit against such tax. The increased amount of 809
977977 tax payable by any company under this section, as determined in 810
978978 accordance with this subsection, shall become due and be paid, collected 811
979979 and enforced as provided in this chapter. 812
980980 (2) With respect to income years commencing on or after January 1, 813
981981 1992, and prior to January 1, 1993, the additional tax imposed on any 814
982982 company and calculated in accordance with subsection (a) of this section 815
983983 shall, for each such income year, except when the tax so calculated is 816
984984 equal to two hundred fifty dollars, be increased by adding thereto an 817
985985 amount equal to ten per cent of the additional tax so calculated for such 818
986986 income year, without reduction of the tax so calculated by the amount 819
987987 of any credit against such tax. The increased amount of tax payable by 820 Raised Bill No. 5463
988988
989989
990990
991991 LCO No. 2364 27 of 64
992992
993993 any company under this section, as determined in accordance with this 821
994994 subsection, shall become due and be paid, collected and enforced as 822
995995 provided in this chapter. 823
996996 (3) With respect to income years commencing on or after January 1, 824
997997 2003, and prior to January 1, 2004, the additional tax imposed on any 825
998998 company and calculated in accordance with subsection (a) of this section 826
999999 shall, for each such income year, be increased by adding thereto an 827
10001000 amount equal to twenty per cent of the additional tax so calculated for 828
10011001 such income year, without reduction of the tax so calculated by the 829
10021002 amount of any credit against such tax. The increased amount of tax 830
10031003 payable by any company under this section, as determined in 831
10041004 accordance with this subsection, shall become due and be paid, collected 832
10051005 and enforced as provided in this chapter. 833
10061006 (4) With respect to income years commencing on or after January 1, 834
10071007 2004, and prior to January 1, 2005, the additional tax imposed on any 835
10081008 company and calculated in accordance with subsection (a) of this section 836
10091009 shall, for each such income year, be increased by adding thereto an 837
10101010 amount equal to twenty-five per cent of the additional tax so calculated 838
10111011 for such income year, without reduction of the tax so calculated by the 839
10121012 amount of any credit against such tax, except that any company that 840
10131013 pays the minimum tax of two hundred fifty dollars under this section or 841
10141014 section 12-223c for such income year shall not be subject to such 842
10151015 additional tax. The increased amount of tax payable by any company 843
10161016 under this subdivision, as determined in accordance with this 844
10171017 subsection, shall become due and be paid, collected and enforced as 845
10181018 provided in this chapter.] 846
10191019 [(5)] (b) (1) With respect to income years commencing on or after 847
10201020 January 1, 2006, and prior to January 1, 2007, the additional tax imposed 848
10211021 on any company and calculated in accordance with subsection (a) of this 849
10221022 section shall, for each such income year, except when the tax so 850
10231023 calculated is equal to two hundred fifty dollars, be increased by adding 851
10241024 thereto an amount equal to twenty per cent of the additional tax so 852
10251025 calculated for such income year, without reduction of the tax so 853 Raised Bill No. 5463
10261026
10271027
10281028
10291029 LCO No. 2364 28 of 64
10301030
10311031 calculated by the amount of any credit against such tax. The increased 854
10321032 amount of tax payable by any company under this section, as 855
10331033 determined in accordance with this subsection, shall become due and be 856
10341034 paid, collected and enforced as provided in this chapter. 857
10351035 [(6)] (2) (A) With respect to income years commencing on or after 858
10361036 January 1, 2009, and prior to January 1, 2012, the additional tax imposed 859
10371037 on any company and calculated in accordance with subsection (a) of this 860
10381038 section shall, for each such income year, except when the tax so 861
10391039 calculated is equal to two hundred fifty dollars, be increased by adding 862
10401040 thereto an amount equal to ten per cent of the additional tax so 863
10411041 calculated for such income year, without reduction of the tax so 864
10421042 calculated by the amount of any credit against such tax. The increased 865
10431043 amount of tax payable by any company under this section, as 866
10441044 determined in accordance with this subsection, shall become due and be 867
10451045 paid, collected and enforced as provided in this chapter. 868
10461046 (B) Any company whose gross income for the income year was less 869
10471047 than one hundred million dollars shall not be subject to the additional 870
10481048 tax imposed under subparagraph (A) of this subdivision. This exception 871
10491049 shall not apply to companies filing a combined return for the income 872
10501050 year under section 12-223a or a unitary return under subsection (d) of 873
10511051 section 12-218d. 874
10521052 [(7)] (3) (A) With respect to income years commencing on or after 875
10531053 January 1, 2012, and prior to January 1, 2018, the additional tax imposed 876
10541054 on any company and calculated in accordance with subsection (a) of this 877
10551055 section shall, for each such income year, except when the tax so 878
10561056 calculated is equal to two hundred fifty dollars, be increased by adding 879
10571057 thereto an amount equal to twenty per cent of the additional tax so 880
10581058 calculated for such income year, without reduction of the tax so 881
10591059 calculated by the amount of any credit against such tax. The increased 882
10601060 amount of tax payable by any company under this section, as 883
10611061 determined in accordance with this subsection, shall become due and be 884
10621062 paid, collected and enforced as provided in this chapter. 885 Raised Bill No. 5463
10631063
10641064
10651065
10661066 LCO No. 2364 29 of 64
10671067
10681068 (B) Any company whose gross income for the income year was less 886
10691069 than one hundred million dollars shall not be subject to the additional 887
10701070 tax imposed under subparagraph (A) of this subdivision. With respect 888
10711071 to income years commencing on or after January 1, 2012, and prior to 889
10721072 January 1, 2016, this exception shall not apply to companies filing a 890
10731073 combined return for the income year under section 12-223a or a unitary 891
10741074 return under subsection (d) of section 12-218d. With respect to income 892
10751075 years commencing on or after January 1, 2016, and prior to January 1, 893
10761076 2018, this exception shall not apply to taxable members of a combined 894
10771077 group that files a combined unitary tax return. 895
10781078 [(8)] (4) (A) With respect to income years commencing on or after 896
10791079 January 1, 2018, and prior to January 1, 2021, the additional tax imposed 897
10801080 on any company and calculated in accordance with subsection (a) of this 898
10811081 section shall, for such income year, except when the tax so calculated is 899
10821082 equal to two hundred fifty dollars, be increased by adding thereto an 900
10831083 amount equal to ten per cent of the additional tax so calculated for such 901
10841084 income year, without reduction of the tax so calculated by the amount 902
10851085 of any credit against such tax. The increased amount of tax payable by 903
10861086 any company under this section, as determined in accordance with this 904
10871087 subsection, shall become due and be paid, collected and enforced as 905
10881088 provided in this chapter. 906
10891089 (B) Any company whose gross income for the income year was less 907
10901090 than one hundred million dollars shall not be subject to the additional 908
10911091 tax imposed under subparagraph (A) of this subdivision. This exception 909
10921092 shall not apply to taxable members of a combined group that files a 910
10931093 combined unitary tax return. 911
10941094 Sec. 14. Subdivision (3) of subsection (a) of section 12-217 of the 2020 912
10951095 supplement to the general statutes is repealed and the following is 913
10961096 substituted in lieu thereof (Effective October 1, 2020): 914
10971097 (3) Notwithstanding any provision of this section to the contrary, no 915
10981098 dividend received from a real estate investment trust shall be deductible 916
10991099 under this section by the recipient unless the dividend is: (A) Deductible 917 Raised Bill No. 5463
11001100
11011101
11021102
11031103 LCO No. 2364 30 of 64
11041104
11051105 under Section 243 of the Internal Revenue Code; (B) received by a 918
11061106 qualified dividend recipient from a qualified real estate investment trust 919
11071107 and, as of the last day of the period for which such dividend is paid, 920
11081108 persons, not including the qualified dividend recipient or any person 921
11091109 that is either a related person to, or an employee or director of, the 922
11101110 qualified dividend recipient, have outstanding cash cap ital 923
11111111 contributions to the qualified real estate investment trust that, in the 924
11121112 aggregate, exceed five per cent of the fair market value of the aggregate 925
11131113 real estate assets, valued as of the last day of the period for which such 926
11141114 dividend is paid, then held by the qualified real estate investment trust; 927
11151115 or (C) received from a captive real estate investment trust that is subject 928
11161116 to the tax imposed under this chapter. For purposes of this section, [a] 929
11171117 "related person" [is as defined in subdivision (7) of subsection (a) of 930
11181118 section 12-217m] has the same meaning as provided in section 12-217ii, 931
11191119 "real estate assets" [is as defined] has the same meaning as provided in 932
11201120 Section 856 of the Internal Revenue Code, [a] "qualified dividend 933
11211121 recipient" means a dividend recipient who has invested in a qualified 934
11221122 real estate investment trust prior to April 1, 1997, and [a] "qualified real 935
11231123 estate investment trust" means an entity that both was incorporated and 936
11241124 had contributed to it a minimum of five hundred million dollars' worth 937
11251125 of real estate assets prior to April 1, 1997, and that elects to be a real 938
11261126 estate investment trust under Section 856 of the Internal Revenue Code 939
11271127 prior to April 1, 1998. 940
11281128 Sec. 15. Subsection (a) of section 12-217zz of the 2020 supplement to 941
11291129 the general statutes is repealed and the following is substituted in lieu 942
11301130 thereof (Effective October 1, 2020): 943
11311131 (a) [Notwithstanding any other provision of law, and except] Except 944
11321132 as otherwise provided in subsection (b) of this section and sections 12-945
11331133 217aaa and 12-217bbb, the amount of tax credit or credits otherwise 946
11341134 allowable against the tax imposed under this chapter shall be as follows: 947
11351135 (1) For any income year commencing on or after January 1, 2002, and 948
11361136 prior to January 1, 2015, the amount of tax credit or credits otherwise 949
11371137 allowable shall not exceed seventy per cent of the amount of tax due 950 Raised Bill No. 5463
11381138
11391139
11401140
11411141 LCO No. 2364 31 of 64
11421142
11431143 from such taxpayer under this chapter with respect to any such income 951
11441144 year of the taxpayer prior to the application of such credit or credits; 952
11451145 (2) For any income year commencing on or after January 1, 2015, the 953
11461146 amount of tax credit or credits otherwise allowable shall not exceed fifty 954
11471147 and one one-hundredths per cent of the amount of tax due from such 955
11481148 taxpayer under this chapter with respect to any such income year of the 956
11491149 taxpayer prior to the application of such credit or credits; 957
11501150 (3) Notwithstanding the provisions of subdivision (2) of this 958
11511151 subsection, any taxpayer that possesses excess credits may utilize the 959
11521152 excess credits as follows: 960
11531153 (A) For income years commencing on or after January 1, 2016, and 961
11541154 prior to January 1, 2017, the aggregate amount of tax credits and excess 962
11551155 credits allowable shall not exceed fifty-five per cent of the amount of tax 963
11561156 due from such taxpayer under this chapter with respect to any such 964
11571157 income year of the taxpayer prior to the application of such credit or 965
11581158 credits; 966
11591159 (B) For income years commencing on or after January 1, 2017, and 967
11601160 prior to January 1, 2018, the aggregate amount of tax credits and excess 968
11611161 credits allowable shall not exceed sixty per cent of the amount of tax due 969
11621162 from such taxpayer under this chapter with respect to any such income 970
11631163 year of the taxpayer prior to the application of such credit or credits; and 971
11641164 (C) For income years commencing on or after January 1, 2018, and 972
11651165 prior to January 1, 2019, the aggregate amount of tax credits and excess 973
11661166 credits allowable shall not exceed sixty-five per cent of the amount of 974
11671167 tax due from such taxpayer under this chapter with respect to any such 975
11681168 income year of the taxpayer prior to the application of such credit or 976
11691169 credits; 977
11701170 (4) For purposes of this subsection, "excess credits" means any 978
11711171 remaining credits available under section 12-217j, 12-217n or 32-9t after 979
11721172 tax credits are utilized in accordance with subdivision (2) of this 980
11731173 subsection. 981 Raised Bill No. 5463
11741174
11751175
11761176
11771177 LCO No. 2364 32 of 64
11781178
11791179 Sec. 16. Subsection (i) of section 12-391 of the 2020 supplement to the 982
11801180 general statutes is repealed and the following is substituted in lieu 983
11811181 thereof (Effective October 1, 2020): 984
11821182 (i) [The] With respect to the estates of decedents dying on or after 985
11831183 January 1, 2021, the tax calculated pursuant to the provisions of this 986
11841184 section shall be reduced in an amount equal to half of the amount 987
11851185 invested by a decedent in a private investment fund or fund of funds 988
11861186 pursuant to subdivision (43) of section 32-39, provided (1) any such 989
11871187 reduction shall not exceed five million dollars for any such decedent, (2) 990
11881188 any such amount invested by the decedent shall have been invested in 991
11891189 such fund or fund of funds for ten years or more, and (3) the aggregate 992
11901190 amount of all taxes reduced under this subsection shall not exceed thirty 993
11911191 million dollars. 994
11921192 Sec. 17. Subsection (b) of section 12-408h of the 2020 supplement to 995
11931193 the general statutes is repealed and the following is substituted in lieu 996
11941194 thereof (Effective October 1, 2020): 997
11951195 (b) A short-term rental facilitator shall be required to obtain a permit 998
11961196 to collect the tax set forth in subparagraph (B) of subdivision (1) of 999
11971197 section 12-408 and shall be considered the retailer for each retail sale of 1000
11981198 a short-term rental that such facilitator facilitates on its platform for a 1001
11991199 short-term rental operator. Each short-term rental facilitator shall (1) be 1002
12001200 required to collect and remit for each such sale any tax imposed under 1003
12011201 section 12-408, (2) be responsible for all obligations imposed under this 1004
12021202 chapter as if such short-term rental facilitator was the operator of such 1005
12031203 [lodging house] short-term rental and retailer for such sale, and (3) keep 1006
12041204 such records and information as may be required by the Commissioner 1007
12051205 of Revenue Services to ensure proper collection and remittance of such 1008
12061206 tax. 1009
12071207 Sec. 18. Section 12-410 of the 2020 supplement to the general statutes 1010
12081208 is repealed and the following is substituted in lieu thereof (Effective 1011
12091209 October 1, 2020): 1012
12101210 [(1)] (a) For the purpose of the proper administration of this chapter 1013 Raised Bill No. 5463
12111211
12121212
12131213
12141214 LCO No. 2364 33 of 64
12151215
12161216 and to prevent evasion of the sales tax it shall be presumed that all 1014
12171217 receipts are gross receipts that are subject to the tax until the contrary is 1015
12181218 established. The burden of proving that a sale of tangible personal 1016
12191219 property or service constituting a sale in accordance with subdivision 1017
12201220 (2) of subsection (a) of section 12-407 is not a sale at retail is upon the 1018
12211221 person who makes the sale unless such person takes in good faith from 1019
12221222 the purchaser a certificate to the effect that the property or service is 1020
12231223 purchased for resale. 1021
12241224 [(2)] (b) The certificate relieves the seller from the burden of proof 1022
12251225 only if taken in good faith from a person who is engaged in the business 1023
12261226 of selling tangible personal property or services constituting a sale in 1024
12271227 accordance with subdivision (2) of subsection (a) of section 12-407 and 1025
12281228 who holds the permit provided for in section 12-409 and who, at the 1026
12291229 time of purchasing the tangible personal property or service: [(A)] (1) 1027
12301230 Intends to sell it in the regular course of business; [(B)] (2) intends to 1028
12311231 utilize such personal property in the delivery of landscaping or 1029
12321232 horticulture services, provided the total sale price of all such 1030
12331233 landscaping and horticulture services are taxable under this chapter; or 1031
12341234 [(C)] (3) is unable to ascertain at the time of purchase whether the 1032
12351235 property or service will be sold or will be used for some other purpose. 1033
12361236 The burden of establishing that a certificate is taken in good faith is on 1034
12371237 the seller. A certificate to the effect that property or service is purchased 1035
12381238 for resale taken from the purchaser by the seller shall be deemed to be 1036
12391239 taken in good faith if the tangible personal property or service 1037
12401240 purchased is similar to or of the same general character as property or 1038
12411241 service which the seller could reasonably assume would be sold by the 1039
12421242 purchaser in the regular course of business. 1040
12431243 [(3)] (c) The certificate shall be signed by and bear the name and 1041
12441244 address of the purchaser, shall indicate the number of the permit issued 1042
12451245 to the purchaser and shall indicate the general character of the tangible 1043
12461246 personal property or service sold by the purchaser in the regular course 1044
12471247 of business. The certificate shall be substantially in such form as the 1045
12481248 commissioner prescribes. 1046 Raised Bill No. 5463
12491249
12501250
12511251
12521252 LCO No. 2364 34 of 64
12531253
12541254 [(4) (A)] (d) (1) If a purchaser who gives a certificate makes any use 1047
12551255 of the service or property other than retention, demonstration or display 1048
12561256 while holding it for sale in the regular course of business, the use shall 1049
12571257 be deemed a retail sale by the purchaser as of the time the service or 1050
12581258 property is first used by the purchaser, and the cost of the service or 1051
12591259 property to the purchaser shall be deemed the gross receipts from such 1052
12601260 retail sale. 1053
12611261 [(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this] 1054
12621262 subdivision (1) of this subsection, any use by a certificated air carrier of 1055
12631263 an aircraft for purposes other than retention, demonstration or display 1056
12641264 while holding it for sale in the regular course of business shall not be 1057
12651265 deemed a retail sale by such carrier as of the time the aircraft is first used 1058
12661266 by such carrier, irrespective of the classification of such aircraft on the 1059
12671267 balance sheet of such carrier for accounting and tax purposes. 1060
12681268 [(5) (A)] (e) (1) For the purpose of the proper administration of this 1061
12691269 chapter and to prevent evasion of the sales tax, a sale of any service 1062
12701270 described in subdivision (37) of subsection (a) of section 12-407 shall be 1063
12711271 considered a sale for resale only if the service to be resold is an integral, 1064
12721272 inseparable component part of a service described in said subdivision 1065
12731273 that is to be subsequently sold by the purchaser to an ultimate 1066
12741274 consumer. The purchaser of the service for resale shall maintain, in such 1067
12751275 form as the commissioner requires, records that substantiate: [(i)] (A) 1068
12761276 From whom the service was purchased and to whom the service was 1069
12771277 sold, [(ii)] (B) the purchase price of the service, and [(iii)] (C) the nature 1070
12781278 of the service to demonstrate that the services were an integral, 1071
12791279 inseparable component part of a service described in subdivision (37) of 1072
12801280 subsection (a) of section 12-407 that was subsequently sold to a 1073
12811281 consumer. 1074
12821282 [(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this] 1075
12831283 subdivision (1) of this subsection, no sale of a service described in 1076
12841284 subdivision (37) of subsection (a) of section 12-407 by a seller shall be 1077
12851285 considered a sale for resale if such service is to be subsequently sold by 1078
12861286 the purchaser to an ultimate consumer that is affiliated with the 1079 Raised Bill No. 5463
12871287
12881288
12891289
12901290 LCO No. 2364 35 of 64
12911291
12921292 purchaser in the manner described in subparagraph (A) of subdivision 1080
12931293 (62) of section 12-412. 1081
12941294 [(C)] (3) For purposes of [subparagraph (A) of this] subdivision (1) of 1082
12951295 this subsection, the sale of canned or prewritten computer software shall 1083
12961296 be considered a sale for resale if such software is subsequently sold, 1084
12971297 licensed or leased unaltered by the purchaser to an ultimate consumer. 1085
12981298 The purchaser of the software for resale shall maintain, in such form as 1086
12991299 the commissioner requires, records that substantiate: [(i)] (A) From 1087
13001300 whom the software was purchased and to whom the software was sold, 1088
13011301 licensed or leased, [(ii)] (B) the purchase price of the software, and [(iii)] 1089
13021302 (C) the nature of the transaction with the ultimate consumer to 1090
13031303 demonstrate that the same software was provided unaltered to the 1091
13041304 ultimate consumer. 1092
13051305 [(D)] (4) For purposes of [subparagraph (A) of this] subdivision (1) of 1093
13061306 this subsection, the sale of digital goods shall be considered a sale for 1094
13071307 resale if the digital goods are subsequently sold, licensed, leased, 1095
13081308 broadcast, transmitted, or distributed, in whole or in part, as an integral, 1096
13091309 inseparable component part of a digital good or service described in 1097
13101310 subdivision (26), (27), (37) or (39) of subsection (a) of section 12-407 by 1098
13111311 the purchaser of the digital goods to an ultimate consumer. The 1099
13121312 purchaser of the digital goods for resale shall maintain, in such form as 1100
13131313 the commissioner requires, records that substantiate: [(i)] (A) From 1101
13141314 whom the digital goods were purchased and to whom the services 1102
13151315 described in subdivision (26), (27), (37) or (39) of subsection (a) of section 1103
13161316 12-407 was sold, licensed, leased, broadcast, transmitted, or distributed, 1104
13171317 in whole or in part, [(ii)] (B) the purchase price of the digital goods, and 1105
13181318 [(iii)] (C) the nature of the transaction with the ultimate consumer. 1106
13191319 [(E)] (5) For purposes of [subparagraph (A) of this] subdivision (1) of 1107
13201320 this subsection, the sale of services described in subdivision (37) of 1108
13211321 subsection (a) of section 12-407 shall be considered a sale for resale if 1109
13221322 such services are subsequently resold as an integral inseparable 1110
13231323 component part of digital goods sold by the purchaser of the services to 1111
13241324 an ultimate consumer of the digital goods. The purchaser of the services 1112 Raised Bill No. 5463
13251325
13261326
13271327
13281328 LCO No. 2364 36 of 64
13291329
13301330 described in subdivision (37) of subsection (a) of section 12-407 for resale 1113
13311331 shall maintain, in such form as the commissioner requires, records that 1114
13321332 substantiate: [(i)] (A) From whom the services described in subdivision 1115
13331333 (37) of subsection (a) of section 12-407 were [purchases] purchased and 1116
13341334 to whom the digital goods were sold, licensed, or leased, [(ii)] (B) the 1117
13351335 purchase prices of the services described in subdivision (37) of 1118
13361336 subsection (a) of section 12-407, and [(iii)] (C) the nature of the 1119
13371337 transaction with the ultimate consumer. 1120
13381338 [(6)] (f) For the purpose of the proper administration of this chapter 1121
13391339 and to prevent evasion of the sales tax, no sale of any service by a seller 1122
13401340 shall be considered a sale for resale if such service is to be subsequently 1123
13411341 sold by the purchaser, without change, to an ultimate consumer that is 1124
13421342 affiliated with the purchaser in the manner described in subparagraph 1125
13431343 (A) of subdivision (62) of section 12-412. 1126
13441344 Sec. 19. Subdivision (120) of section 12-412 of the 2020 supplement to 1127
13451345 the general statutes is repealed and the following is substituted in lieu 1128
13461346 thereof (Effective October 1, 2020): 1129
13471347 (120) [On and after April 1, 2015, sales] Sales of the following 1130
13481348 nonprescription drugs or medicines available for purchase for use in or 1131
13491349 on the body: Vitamin or mineral concentrates; dietary supplements; 1132
13501350 natural or herbal drugs or medicines; products intended to be taken for 1133
13511351 coughs, cold, asthma or allergies, or antihistamines; laxatives; 1134
13521352 antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 1135
13531353 and antifungal medicines; antiseptics; astringents; anesthetics; steroidal 1136
13541354 medicines; anthelmintics; emetics and antiemetics; antacids; and any 1137
13551355 medication prepared to be used in the eyes, ears or nose. 1138
13561356 Nonprescription drugs or medicines shall not include cosmetics, 1139
13571357 [dentrifrices] dentifrices, mouthwash, shaving and hair care products, 1140
13581358 soaps or deodorants. 1141
13591359 Sec. 20. Subsection (c) of section 12-414 of the general statutes is 1142
13601360 repealed and the following is substituted in lieu thereof (Effective October 1143
13611361 1, 2020): 1144 Raised Bill No. 5463
13621362
13631363
13641364
13651365 LCO No. 2364 37 of 64
13661366
13671367 (c) (1) For purposes of the sales tax, the return shall show the gross 1145
13681368 receipts of the seller during the preceding reporting period. For 1146
13691369 purposes of the use tax, [(1)] (A) in case of a return filed by a retailer, the 1147
13701370 return shall show the total sales price of the services or property sold by 1148
13711371 the retailer, the storage, acceptance, consumption or other use of which 1149
13721372 became subject to the use tax during the preceding reporting period, and 1150
13731373 [(2)] (B) in case of a return filed by a purchaser, the return shall show the 1151
13741374 total sales price of the service or property purchased by the purchaser, 1152
13751375 the storage, acceptance, consumption or other use of which became 1153
13761376 subject to the use tax during the preceding reporting period. The return 1154
13771377 shall also show the amount of the taxes for the period covered by the 1155
13781378 return in such manner as the commissioner may require and such other 1156
13791379 information as the commissioner deems necessary for the proper 1157
13801380 administration of this chapter. 1158
13811381 (2) The Commissioner of Revenue Services is authorized in his or her 1159
13821382 discretion, for purposes of expediency, to permit returns to be filed in 1160
13831383 an alternative form wherein the person filing the return may elect (A) to 1161
13841384 report his or her gross receipts, including the tax reimbursement to be 1162
13851385 collected as provided for in this section, as a part of such gross receipts, 1163
13861386 or (B) to report his or her gross receipts exclusive of the tax collected in 1164
13871387 such cases where the gross receipts from sales have been segregated 1165
13881388 from tax collections. In the case of [the former] a return filed in 1166
13891389 accordance with the provisions of subparagraph (A) of this subdivision, 1167
13901390 the percentage of such tax-included gross receipts that may be 1168
13911391 considered to be the gross receipts from sales exclusive of the taxes 1169
13921392 collected thereon shall be computed by dividing the numeral one by the 1170
13931393 sum of the rate of tax provided in section 12-408, expressed as a decimal, 1171
13941394 and the numeral one. 1172
13951395 Sec. 21. Section 12-433 of the general statutes is repealed and the 1173
13961396 following is substituted in lieu thereof (Effective October 1, 2020): 1174
13971397 Wherever used in this chapter, unless the context otherwise requires: 1175
13981398 (1) "Alcoholic beverage" and "beverage" include wine, beer and 1176 Raised Bill No. 5463
13991399
14001400
14011401
14021402 LCO No. 2364 38 of 64
14031403
14041404 liquor; [as defined in this section; "absolute alcohol"] 1177
14051405 (2) "Absolute alcohol" means dehydrated alcohol containing not less 1178
14061406 than ninety-nine per cent by weight of ethyl alcohol; ["beer"] 1179
14071407 (3) "Beer" means any beverage obtained by the alcoholic fermentation 1180
14081408 of an infusion or decoction of barley, malt and hops in drinking water 1181
14091409 and containing more than one-half of one per cent of absolute alcohol 1182
14101410 by volume; ["wine"] 1183
14111411 (4) "Wine" means any alcoholic beverage obtained by the 1184
14121412 fermentation of natural sugar contents of fruits or other agricultural 1185
14131413 products containing sugar; ["still wine"] 1186
14141414 (5) "Still wine" means any wine that contains not more than three 1187
14151415 hundred ninety-two one thousandths (0.392) of a gram of carbon 1188
14161416 dioxide per hundred milliliters of wine, and shall include any fortified 1189
14171417 wine, cider that is made from the alcoholic fermentation of the juice of 1190
14181418 apples, vermouth and any artificial or imitation wine or compound sold 1191
14191419 as "still wine" containing not less than three and two-tenths per cent of 1192
14201420 absolute alcohol by volume; ["sparkling wine"] 1193
14211421 (6) "Sparkling wine" means champagne and any other effervescent 1194
14221422 wine charged with more than three hundred ninety -two one 1195
14231423 thousandths (0.392) of a gram of carbon dioxide per hundred milliliters 1196
14241424 of wine, whether artificially or as a result of secondary fermentation of 1197
14251425 the wine within the container; ["fortified wine"] 1198
14261426 (7) "Fortified wine" means any wine, the alcoholic contents of which 1199
14271427 have been increased, by whatever process, beyond that produced by 1200
14281428 natural fermentation; ["liquor"] 1201
14291429 (8) "Liquor" means any beverage [which] that contains alcohol 1202
14301430 obtained by distillation mixed with drinkable water and other 1203
14311431 substances in solution; ["liquor cooler"] 1204
14321432 (9) "Liquor cooler" means any liquid combined with liquor, [as 1205
14331433 defined in this section,] containing not more than seven per cent of 1206 Raised Bill No. 5463
14341434
14351435
14361436
14371437 LCO No. 2364 39 of 64
14381438
14391439 alcohol by volume; ["gallon"] 1207
14401440 (10) "Gallon" or "wine gallon" means one hundred twenty-eight fluid 1208
14411441 ounces; ["proof gallon"] 1209
14421442 (11) "Proof gallon" means the equivalent of one wine gallon at 100 1210
14431443 proof; ["proof spirit"] 1211
14441444 (12) "Proof spirit" or "proof" [shall be held to be that] means alcoholic 1212
14451445 liquor [which] that contains one-half by volume of alcohol of a specific 1213
14461446 gravity of seventy-nine hundred and thirty-nine ten-thousandths 1214
14471447 (0.7939) at 60° F; ["alcohol"] 1215
14481448 (13) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit 1216
14491449 of wine, from whatever source or by whatever process produced; 1217
14501450 ["person"] 1218
14511451 (14) "Person" means any individual, firm, fiduciary, partnership, 1219
14521452 corporation, limited liability company, trust or association, however 1220
14531453 formed; ["taxpayer"] 1221
14541454 (15) "Taxpayer" means any person liable to taxation under this 1222
14551455 chapter except railroad and airline companies so far as they conduct 1223
14561456 such beverage business in cars or passenger trains or on airplanes; 1224
14571457 ["distributor"] 1225
14581458 (16) "Distributor" means any person, wherever resident or located, 1226
14591459 [who] that holds a wholesaler's or manufacturer's permit or wholesaler 1227
14601460 or manufacturer permit for beer only issued under chapter 545, or [his] 1228
14611461 such person's backer, if any; ["licensed distributor"] 1229
14621462 (17) "Licensed distributor" means a distributor holding a license 1230
14631463 issued by the Commissioner of Revenue Services under the provisions 1231
14641464 of this chapter; ["tax period"] 1232
14651465 (18) "Tax period" means any period of one calendar month, or any 1233
14661466 part thereof; ["barrel"] 1234 Raised Bill No. 5463
14671467
14681468
14691469
14701470 LCO No. 2364 40 of 64
14711471
14721472 (19) "Barrel" means not less than twenty-eight nor more than thirty-1235
14731473 one gallons; ["half barrel"] 1236
14741474 (20) "Half barrel" means not less than fourteen nor more than fifteen 1237
14751475 and one-half gallons; ["quarter barrel"] 1238
14761476 (21) "Quarter barrel" means not less than seven nor more than seven 1239
14771477 and three-quarters gallons; ["sell"] 1240
14781478 (22) "Sell" or "sale" includes and applies to gifts, exchanges and barter 1241
14791479 and includes any alcoholic beverages coming into the possession of a 1242
14801480 distributor [which] that cannot be satisfactorily accounted for by the 1243
14811481 distributor to the Commissioner of Revenue Services. 1244
14821482 Sec. 22. Section 12-438 of the general statutes is repealed and the 1245
14831483 following is substituted in lieu thereof (Effective October 1, 2020): 1246
14841484 Any person [who] that applies for a cancellation of [his] such person's 1247
14851485 distributor's license shall take an inventory at the beginning of business 1248
14861486 on the first day of the following month showing the number of gallons 1249
14871487 of each kind of alcoholic beverage mentioned in section 12-435 owned 1250
14881488 by [him] such person and held within the state. Each such person shall, 1251
14891489 [within] not later than fifteen days after taking such inventory, file a 1252
14901490 copy of such inventory with the commissioner, on forms prescribed and 1253
14911491 furnished by [him] the commissioner, and shall pay a tax on such 1254
14921492 inventory at the rates specified in said section 12-435. Each return filed 1255
14931493 under the provisions of this section shall give such additional 1256
14941494 information as the commissioner requires and shall include a statement 1257
14951495 of the amount of tax due under such return. 1258
14961496 Sec. 23. Subsection (c) of section 12-458 of the general statutes is 1259
14971497 repealed and the following is substituted in lieu thereof (Effective October 1260
14981498 1, 2020): 1261
14991499 (c) Any person who owns or operates a vehicle that runs only upon 1262
15001500 rails or tracks and that is properly registered with the federal 1263
15011501 government, in accordance with the provisions of Section 4222 of the 1264 Raised Bill No. 5463
15021502
15031503
15041504
15051505 LCO No. 2364 41 of 64
15061506
15071507 Internal Revenue Code of 1986, or any subsequent corresponding 1265
15081508 internal revenue code of the United States, as amended from time to 1266
15091509 time, shall be exempt from paying to a distributor the motor fuels tax 1267
15101510 imposed pursuant to this section for use in such vehicle. 1268
15111511 Sec. 24. Section 12-587 of the general statutes is repealed and the 1269
15121512 following is substituted in lieu thereof (Effective October 1, 2020): 1270
15131513 (a) (1) As used in this chapter: (A) "Company" includes a corporation, 1271
15141514 partnership, limited partnership, limited liability company, limited 1272
15151515 liability partnership, association, individual or any fiduciary thereof; (B) 1273
15161516 "quarterly period" means a period of three calendar months 1274
15171517 commencing on the first day of January, April, July or October and 1275
15181518 ending on the last day of March, June, September or December, 1276
15191519 respectively; (C) except as provided in subdivision (2) of this subsection, 1277
15201520 "gross earnings" means all consideration received from the first sale 1278
15211521 within this state of a petroleum product; (D) "petroleum products" 1279
15221522 means those products which contain or are made from petroleum or a 1280
15231523 petroleum derivative; (E) "first sale of petroleum products within this 1281
15241524 state" means the initial sale of a petroleum product delivered to a 1282
15251525 location in this state; (F) "export" or "exportation" means the conveyance 1283
15261526 of petroleum products from within this state to a location outside this 1284
15271527 state for the purpose of sale or use outside this state; and (G) "sale for 1285
15281528 exportation" means a sale of petroleum products to a purchaser which 1286
15291529 itself exports such products. 1287
15301530 (2) For purposes of this chapter, "gross earnings" means gross 1288
15311531 earnings as defined in subdivision (1) of this subsection, except, with 1289
15321532 respect to the first sale of gasoline or gasohol within this state, if the 1290
15331533 consideration received from such first sale reflects a price of gasoline or 1291
15341534 gasohol sold or used in this state in excess of three dollars per gallon, 1292
15351535 gross earnings from such first sale shall be deemed to be three dollars 1293
15361536 per gallon, and any consideration received that is derived from that 1294
15371537 portion of the price of such gasoline or gasohol in excess of three dollars 1295
15381538 per gallon shall be disregarded in the calculation of gross earnings. 1296
15391539 Notwithstanding the provisions of this chapter, the Commissioner of 1297 Raised Bill No. 5463
15401540
15411541
15421542
15431543 LCO No. 2364 42 of 64
15441544
15451545 Revenue Services may suspend enforcement activities with respect to 1298
15461546 this subdivision until all policies and procedures necessary to 1299
15471547 implement the provision of this subdivision are in place, but in no event 1300
15481548 shall such suspension extend beyond April 15, 2012. 1301
15491549 (b) (1) Except as otherwise provided in subdivision (2) of this 1302
15501550 subsection, any company [which] that is engaged in the refining or 1303
15511551 distribution, or both, of petroleum products and which distributes such 1304
15521552 products in this state shall pay a quarterly tax on its gross earnings 1305
15531553 derived from the first sale of petroleum products within this state. Each 1306
15541554 company shall on or before the last day of the month next succeeding 1307
15551555 each quarterly period render to the commissioner a return on forms 1308
15561556 prescribed or furnished by the commissioner and signed by the person 1309
15571557 performing the duties of treasurer or an authorized agent or officer, 1310
15581558 including the amount of gross earnings derived from the first sale of 1311
15591559 petroleum products within this state for the quarterly period and such 1312
15601560 other facts as the commissioner may require for the purpose of making 1313
15611561 any computation required by this chapter. [Except as otherwise 1314
15621562 provided in subdivision (3) of this subsection, the] The rate of tax shall 1315
15631563 be (A) [five per cent with respect to calendar quarters prior to July 1, 1316
15641564 2005; (B) five and eight-tenths per cent with respect to calendar quarters 1317
15651565 commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six 1318
15661566 and three-tenths per cent with respect to calendar quarters commencing 1319
15671567 on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with 1320
15681568 respect to calendar quarters commencing on or after July 1, 2007, and 1321
15691569 prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with 1322
15701570 respect to calendar quarters commencing on or after July 1, 2013. 1323
15711571 (2) Gross earnings derived from the first sale of the following 1324
15721572 petroleum products within this state shall be exempt from tax: 1325
15731573 (A) Any petroleum products sold for exportation from this state for 1326
15741574 sale or use outside this state; 1327
15751575 (B) [the] The product designated by the American Society for Testing 1328
15761576 and Materials as "Specification for Heating Oil D396-69", commonly 1329 Raised Bill No. 5463
15771577
15781578
15791579
15801580 LCO No. 2364 43 of 64
15811581
15821582 known as number 2 heating oil, to be used exclusively for heating 1330
15831583 purposes or to be used in a commercial fishing vessel, which vessel 1331
15841584 qualifies for an exemption pursuant to subdivision (40) of section 12-1332
15851585 412; 1333
15861586 (C) [kerosene] Kerosene, commonly known as number 1 oil, to be 1334
15871587 used exclusively for heating purposes, provided delivery is of both 1335
15881588 number 1 and number 2 oil, and via a truck with a metered delivery 1336
15891589 ticket to a residential dwelling or to a centrally metered system serving 1337
15901590 a group of residential dwellings; 1338
15911591 (D) [the] The product identified as propane gas, to be used primarily 1339
15921592 for heating purposes; 1340
15931593 (E) [bunker] Bunker fuel oil, intermediate fuel, marine diesel oil and 1341
15941594 marine gas oil to be used in any vessel (i) having a displacement 1342
15951595 exceeding four thousand dead weight tons, or (ii) primarily engaged in 1343
15961596 interstate commerce; 1344
15971597 (F) [for] For any first sale occurring prior to July 1, 2008, propane gas 1345
15981598 to be used as a fuel for a motor vehicle; 1346
15991599 (G) [for] For any first sale occurring on or after July 1, 2002, grade 1347
16001600 number 6 fuel oil, as defined in regulations adopted pursuant to section 1348
16011601 16a-22c, to be used exclusively by a company [which] that, in accordance 1349
16021602 with census data contained in the Standard Industrial Classification 1350
16031603 Manual, United States Office of Management and Budget, 1987 edition, 1351
16041604 is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 1352
16051605 32 or 33 in the North American Industrial Classification System United 1353
16061606 States Manual, United States Office of Management and Budget, 1997 1354
16071607 edition; 1355
16081608 (H) [for] For any first sale occurring on or after July 1, 2002, number 1356
16091609 2 heating oil to be used exclusively in a vessel primarily engaged in 1357
16101610 interstate commerce, which vessel qualifies for an exemption under 1358
16111611 subdivision (40) of section 12-412; 1359 Raised Bill No. 5463
16121612
16131613
16141614
16151615 LCO No. 2364 44 of 64
16161616
16171617 (I) [for] For any first sale occurring on or after July 1, 2000, paraffin or 1360
16181618 microcrystalline waxes; 1361
16191619 (J) [for] For any first sale occurring prior to July 1, 2008, petroleum 1362
16201620 products to be used as a fuel for a fuel cell, as defined in subdivision 1363
16211621 (113) of section 12-412; 1364
16221622 (K) [a] A commercial heating oil blend containing not less than ten 1365
16231623 per cent of alternative fuels derived from agricultural produce, food 1366
16241624 waste, waste vegetable oil or municipal solid waste, including, but not 1367
16251625 limited to, biodiesel or low sulfur dyed diesel fuel; 1368
16261626 (L) [for] For any first sale occurring on or after July 1, 2007, diesel fuel 1369
16271627 other than diesel fuel to be used in an electric generating facility to 1370
16281628 generate electricity; 1371
16291629 (M) [for] For any first sale occurring on or after July 1, 2013, cosmetic 1372
16301630 grade mineral oil; or 1373
16311631 (N) [propane] Propane gas to be used as a fuel for a school bus. 1374
16321632 [(3) The rate of tax on gross earnings derived from the first sale of 1375
16331633 grade number 6 fuel oil, as defined in regulations adopted pursuant to 1376
16341634 section 16a-22c, to be used exclusively by a company which, in 1377
16351635 accordance with census data contained in the Standard Industrial 1378
16361636 Classification Manual, United States Office of Management and Budget, 1379
16371637 1987 edition, is included in code classifications 2000 to 3999, inclusive, 1380
16381638 or in Sector 31, 32 or 33 in the North American Industrial Classification 1381
16391639 System United States Manual, United States Office of Management and 1382
16401640 Budget, 1997 edition, or number 2 heating oil used exclusively in a 1383
16411641 vessel primarily engaged in interstate commerce, which vessel qualifies 1384
16421642 for an exemption under section 12-412 shall be: (A) Four per cent with 1385
16431643 respect to calendar quarters commencing on or after July 1, 1998, and 1386
16441644 prior to July 1, 1999; (B) three per cent with respect to calendar quarters 1387
16451645 commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two 1388
16461646 per cent with respect to calendar quarters commencing on or after July 1389
16471647 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to 1390 Raised Bill No. 5463
16481648
16491649
16501650
16511651 LCO No. 2364 45 of 64
16521652
16531653 calendar quarters commencing on or after July 1, 2001, and prior to July 1391
16541654 1, 2002.] 1392
16551655 (c) (1) Any company [which] that imports or causes to be imported 1393
16561656 into this state petroleum products for sale, use or consumption in this 1394
16571657 state, other than a company subject to and having paid the tax on such 1395
16581658 company's gross earnings from first sales of petroleum products within 1396
16591659 this state, which earnings include gross earnings attributable to such 1397
16601660 imported or caused to be imported petroleum products, in accordance 1398
16611661 with subsection (b) of this section, shall pay a quarterly tax on the 1399
16621662 consideration given or contracted to be given for such petroleum 1400
16631663 product if the consideration given or contracted to be given for all such 1401
16641664 deliveries during the quarterly period for which such tax is to be paid 1402
16651665 exceeds three thousand dollars. [Except as otherwise provided in 1403
16661666 subdivision (3) of this subsection, the] The rate of tax shall be (A) [five 1404
16671667 per cent with respect to calendar quarters commencing prior to July 1, 1405
16681668 2005; (B) five and eight-tenths per cent with respect to calendar quarters 1406
16691669 commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six 1407
16701670 and three-tenths per cent with respect to calendar quarters commencing 1408
16711671 on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with 1409
16721672 respect to calendar quarters commencing on or after July 1, 2007, and 1410
16731673 prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with 1411
16741674 respect to calendar quarters commencing on or after July 1, 2013. Fuel in 1412
16751675 the fuel supply tanks of a motor vehicle, which fuel tanks are directly 1413
16761676 connected to the engine, shall not be considered a delivery for the 1414
16771677 purposes of this subsection. 1415
16781678 (2) Consideration given or contracted to be given for petroleum 1416
16791679 products, gross earnings from the first sale of which are exempt from 1417
16801680 tax under subdivision (2) of subsection (b) of this section, shall be 1418
16811681 exempt from tax. 1419
16821682 [(3) The rate of tax on consideration given or contracted to be given 1420
16831683 for grade number 6 fuel oil, as defined in regulations adopted pursuant 1421
16841684 to section 16a-22c, to be used exclusively by a company which, in 1422
16851685 accordance with census data contained in the Standard Industrial 1423 Raised Bill No. 5463
16861686
16871687
16881688
16891689 LCO No. 2364 46 of 64
16901690
16911691 Classification Manual, United States Office of Management and Budget, 1424
16921692 1987 edition, is included in code classifications 2000 to 3999, inclusive, 1425
16931693 or in Sector 31, 32 or 33 in the North American Industrial Classification 1426
16941694 System United States Manual, United States Office of Management and 1427
16951695 Budget, 1997 edition, or number 2 heating oil used exclusively in a 1428
16961696 vessel primarily engaged in interstate commerce, which vessel qualifies 1429
16971697 for an exemption under section 12-412 shall be: (A) Four per cent with 1430
16981698 respect to calendar quarters commencing on or after July 1, 1998, and 1431
16991699 prior to July 1, 1999; (B) three per cent with respect to calendar quarters 1432
17001700 commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two 1433
17011701 per cent with respect to calendar quarters commencing on or after July 1434
17021702 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to 1435
17031703 calendar quarters commencing on or after July 1, 2001, and prior to July 1436
17041704 1, 2002.] 1437
17051705 (d) The amount of tax reported to be due on such return shall be due 1438
17061706 and payable on or before the last day of the month next succeeding the 1439
17071707 quarterly period. The tax imposed under the provisions of this chapter 1440
17081708 shall be in addition to any other tax imposed by this state on such 1441
17091709 company. 1442
17101710 (e) For the purposes of this chapter, the gross earnings of any 1443
17111711 producer or refiner of petroleum products operating a service station 1444
17121712 along the highways or interstate highways within the state pursuant to 1445
17131713 a contract with the Department of Transportation or operating a service 1446
17141714 station which is used as a training or test marketing center under the 1447
17151715 provisions of subsection (b) of section 14-344d, shall be calculated by 1448
17161716 multiplying the volume of petroleum products delivered by any 1449
17171717 producer or refiner to any such station by such producer's or refiner's 1450
17181718 dealer tank wagon price or dealer wholesale price in the area of the 1451
17191719 service station. 1452
17201720 Sec. 25. Subsection (a) of section 12-587a of the general statutes is 1453
17211721 repealed and the following is substituted in lieu thereof (Effective October 1454
17221722 1, 2020): 1455 Raised Bill No. 5463
17231723
17241724
17251725
17261726 LCO No. 2364 47 of 64
17271727
17281728 (a) (1) Any company, as such term is used in section 12-587, as 1456
17291729 amended by this act, liable for the tax imposed under subsection (b) of 1457
17301730 [said] section 12-587, as amended by this act, on gross earnings from the 1458
17311731 first sale of petroleum products within this state, which products the 1459
17321732 purchaser thereof subsequently sells for exportation and sale or use 1460
17331733 outside this state, shall be allowed a credit against any tax for which 1461
17341734 such company is liable in accordance with subsection (b) of [said] 1462
17351735 section 12-587, as amended by this act, in the amount of tax paid to the 1463
17361736 state with respect to the sale of such products, provided (A) such 1464
17371737 purchaser has submitted certification to such company, in such form as 1465
17381738 prescribed by the Commissioner of Revenue Services, that such 1466
17391739 products were sold or used outside this state, (B) such certification and 1467
17401740 any additional information related to such sale or use by such 1468
17411741 purchaser, which said commissioner may request, have been submitted 1469
17421742 to said commissioner, and (C) such company makes a payment to such 1470
17431743 purchaser, related to such products sold or used outside this state, in the 1471
17441744 amount equal to the tax imposed under [said] section 12-587, as 1472
17451745 amended by this act, on gross earnings from the first sale to such 1473
17461746 purchaser within the state. 1474
17471747 (2) The credit allowed pursuant to subdivision (1) of this subsection 1475
17481748 may also be claimed, in the same manner as provided in said 1476
17491749 subdivision (1), by any such company when the petroleum products 1477
17501750 sold in a first sale within this state by such company are incorporated 1478
17511751 by the purchaser thereof into a material that is included in U.S. industry 1479
17521752 group 3255 in the North American Industrial Classification System 1480
17531753 United States Manual, United States Office of Management and Budget, 1481
17541754 2007 edition, and such products are subsequently exported for sale or 1482
17551755 use outside this state. Such company shall be allowed said credit in the 1483
17561756 amount of tax paid to the state with respect to the sale of such products. 1484
17571757 (3) In addition, such company shall be allowed such credit when 1485
17581758 there has been any sale of such products subsequent to the sale by such 1486
17591759 company but prior to sale or use outside this state, provided (A) each 1487
17601760 purchaser receives payment, related to such products sold or used 1488
17611761 outside this state, equal to the tax imposed under [said] section 12-587, 1489 Raised Bill No. 5463
17621762
17631763
17641764
17651765 LCO No. 2364 48 of 64
17661766
17671767 as amended by this act, on gross earnings from the first sale of such 1490
17681768 products within this state, and (B) the purchaser selling or using such 1491
17691769 products outside this state complies with the requirements in this 1492
17701770 section related to a purchaser of such products from the company liable 1493
17711771 for such tax. 1494
17721772 Sec. 26. Section 12-631 of the general statutes is repealed and the 1495
17731773 following is substituted in lieu thereof (Effective October 1, 2020): 1496
17741774 As used in this chapter, the following terms have the following 1497
17751775 meanings: 1498
17761776 [(a)] (1) "Business firm" means any business entity authorized to do 1499
17771777 business in the state and subject to the tax due under the provisions of 1500
17781778 chapter 207, 208, 209, 210, 211, 212 or 213a. 1501
17791779 [(b)] (2) "Community services" means any type of counseling and 1502
17801780 advice, emergency assistance or medical care furnished to individuals 1503
17811781 or groups in the state. 1504
17821782 [(c)] (3) "Crime prevention" means any activity which aids in the 1505
17831783 reduction of crime in the state. 1506
17841784 [(d)] (4) "Education" means any type of scholastic instruction or 1507
17851785 scholarship assistance to any person who resides in the state that enables 1508
17861786 such person to prepare for better opportunities, including teaching 1509
17871787 services donated pursuant to section 10-21c. 1510
17881788 [(e)] (5) "Job training" means any type of instruction to any person 1511
17891789 who resides in the state that enables such person to acquire vocational 1512
17901790 skills to become employable or seek a higher grade of employment, 1513
17911791 including training offered pursuant to section 10-21b. 1514
17921792 [(f)] (6) "Neighborhood" means any specific geographic area, urban, 1515
17931793 interurban, suburban, or rural, which is experiencing problems 1516
17941794 endangering its existence as a viable and stable neighborhood. 1517
17951795 [(g)] (7) "Neighborhood assistance" means the furnishing of financial 1518 Raised Bill No. 5463
17961796
17971797
17981798
17991799 LCO No. 2364 49 of 64
18001800
18011801 assistance, labor, material, or technical advice to aid in the physical 1519
18021802 improvement or rehabilitation of all or any part of a neighborhood. 1520
18031803 [(h)] (8) "Neighborhood organization" means any organization 1521
18041804 performing community services in the state [which: (1)] that: (A) Holds 1522
18051805 a ruling from the Internal Revenue Service of the United States 1523
18061806 Department of the Treasury that the organization is exempt from 1524
18071807 income taxation under the provisions of the Internal Revenue Code; [, 1525
18081808 or (2)] (B) is designated as a community development corporation by 1526
18091809 the United States government under the provisions of Title VII of the 1527
18101810 Economic Opportunity Act of 1964; [, or (3)] or (C) is incorporated as a 1528
18111811 charitable corporation or trust under the provisions of chapter 598a. 1529
18121812 [(i)] (9) "Families of low and moderate income" means families 1530
18131813 meeting the criteria for designation as families of low and moderate 1531
18141814 income established by the Commissioner of Housing pursuant to 1532
18151815 subsection (f) of section 8-39. 1533
18161816 Sec. 27. Subdivision (1) of subsection (a) of section 12-632 of the 1534
18171817 general statutes is repealed and the following is substituted in lieu 1535
18181818 thereof (Effective October 1, 2020): 1536
18191819 (a) (1) Except as otherwise provided in subdivision (2) of this 1537
18201820 subsection, on or before July first of each year, any municipality desiring 1538
18211821 to obtain benefits under the provisions of this chapter shall, after 1539
18221822 approval by the legislative body of such municipality, submit to the 1540
18231823 Commissioner of Revenue Services a list on a form prescribed and made 1541
18241824 available by the commissioner of programs eligible for investment by 1542
18251825 business firms under the provisions of this chapter. Such activities shall 1543
18261826 consist of providing neighborhood assistance; job training or education; 1544
18271827 community services; crime prevention; energy conservation or 1545
18281828 construction or rehabilitation of dwelling units for families of low and 1546
18291829 moderate income in the state; donation of money to an open space 1547
18301830 acquisition fund of any political subdivision of the state or any nonprofit 1548
18311831 land conservation organization, which fund qualifies under [subsection 1549
18321832 (h)] subdivision (8) of section 12-631, as amended by this act, and is used 1550 Raised Bill No. 5463
18331833
18341834
18351835
18361836 LCO No. 2364 50 of 64
18371837
18381838 for the purchase of land, interest in land or permanent conservation 1551
18391839 restriction on land which is to be permanently preserved as protected 1552
18401840 open space; or any of the activities described in section 12-634, 12-635 or 1553
18411841 12-635a. Such list shall indicate, for each program specified: The concept 1554
18421842 of the program, the neighborhood area to be served, why the program 1555
18431843 is needed, the estimated amount required to be invested in the program, 1556
18441844 the suggested plan for implementing the program, the agency 1557
18451845 designated by the municipality to oversee implementation of the 1558
18461846 program and such other information as the commissioner may 1559
18471847 prescribe. Each municipality shall hold at least one public hearing on 1560
18481848 the subject of which programs shall be included on such list prior to the 1561
18491849 submission of such list to the commissioner. 1562
18501850 Sec. 28. Subsection (c) of section 12-632 of the general statutes is 1563
18511851 repealed and the following is substituted in lieu thereof (Effective October 1564
18521852 1, 2020): 1565
18531853 (c) Any business firm which desires to engage in any of the activities 1566
18541854 or programs approved by any municipality pursuant to subsection (a) 1567
18551855 of this section and listed pursuant to subsection (b) of this section may 1568
18561856 apply to the Commissioner of Revenue Services for a tax credit in an 1569
18571857 amount as provided in section 12-633, 12-634, 12-635 or 12-635a. The 1570
18581858 proposal for such credit, which shall be made on a form prescribed and 1571
18591859 made available by the commissioner, shall set forth the program to be 1572
18601860 conducted, the neighborhood area to be invested in, the plans for 1573
18611861 implementing the program and such other information as said 1574
18621862 commissioner may prescribe. Such proposals shall be submitted to the 1575
18631863 commissioner on or after September fifteenth but no later than October 1576
18641864 first of each year. Such proposals shall be approved or disapproved by 1577
18651865 the Commissioner of Revenue Services based on the compliance of such 1578
18661866 proposal with the provisions of this chapter and regulations adopted 1579
18671867 pursuant to this chapter. The commissioner may only approve 1580
18681868 proposals received between September fifteenth and October first of 1581
18691869 each year. If, in the opinion of the Commissioner of Revenue Services, a 1582
18701870 business firm's investment can, for the purposes of this chapter, be made 1583
18711871 through contributions to a neighborhood organization as defined in 1584 Raised Bill No. 5463
18721872
18731873
18741874
18751875 LCO No. 2364 51 of 64
18761876
18771877 [subsection (h)] subdivision (8) of section 12-631, as amended by this act, 1585
18781878 tax credits may be allowed in amounts as provided in section 12-633, 12-1586
18791879 634, 12-635 or 12-635a. 1587
18801880 Sec. 29. Subsection (f) of section 12-632 of the general statutes is 1588
18811881 repealed and the following is substituted in lieu thereof (Effective October 1589
18821882 1, 2020): 1590
18831883 (f) The sum of all tax [credit] credits granted pursuant to the 1591
18841884 provisions of section 12-633, 12-634, 12-635 or 12-635a shall not exceed 1592
18851885 one hundred fifty thousand dollars annually per business firm and no 1593
18861886 tax credit shall be granted to any business firm for any individual 1594
18871887 amount invested of less than two hundred fifty dollars. 1595
18881888 Sec. 30. Section 17b-738 of the general statutes is repealed and the 1596
18891889 following is substituted in lieu thereof (Effective October 1, 2020): 1597
18901890 The Commissioner of Early Childhood shall establish and administer 1598
18911891 a program of loans to business firms, as defined in [subsection (a) of] 1599
18921892 section 12-631, as amended by this act, for the purpose of planning, site 1600
18931893 preparation, construction, renovation or acquisition of facilities, within 1601
18941894 the state, for use as licensed child care centers, family child care homes 1602
18951895 or group child care homes to be used primarily by the children of 1603
18961896 employees of such corporations and children of employees of the 1604
18971897 municipalities in which such facilities are located. Such loans shall be 1605
18981898 made in accordance with the terms and conditions as provided in 1606
18991899 regulations adopted by the commissioner, in accordance with chapter 1607
19001900 54, shall be made for a period not to exceed five years and shall bear 1608
19011901 interest at a rate to be determined in accordance with subsection (t) of 1609
19021902 section 3-20. 1610
19031903 Sec. 31. Section 12-657 of the general statutes is repealed and the 1611
19041904 following is substituted in lieu thereof (Effective October 1, 2020): 1612
19051905 The administration of this chapter is vested in the Commissioner of 1613
19061906 Revenue Services. All forms necessary and proper for the enforcement 1614
19071907 of this chapter shall be prescribed and furnished by the commissioner. 1615 Raised Bill No. 5463
19081908
19091909
19101910
19111911 LCO No. 2364 52 of 64
19121912
19131913 The commissioner may require any agent, clerk, stenographer or other 1616
19141914 assistant to execute a bond in such sum as said commissioner 1617
19151915 determines for the faithful discharge of his duties. The commissioner 1618
19161916 may prescribe regulations and rulings, not inconsistent with law, to 1619
19171917 carry into effect the provisions of this chapter, which regulations and 1620
19181918 rulings, when reasonably designed to carry out the intent and purpose 1621
19191919 of this chapter, shall be prima facie evidence of its proper interpretation. 1622
19201920 The commissioner shall, at least annually, and [oftener in his] more 1623
19211921 often at the commissioner's discretion, publish for distribution all 1624
19221922 regulations prescribed hereunder and such rulings as appear to [him] 1625
19231923 the commissioner to be of general interest. 1626
19241924 Sec. 32. Subdivision (1) of subsection (b) of section 12-699a of the 2020 1627
19251925 supplement to the general statutes is repealed and the following is 1628
19261926 substituted in lieu thereof (Effective October 1, 2020): 1629
19271927 (b) (1) Each affected business entity required to pay the tax imposed 1630
19281928 under section 12-699 and whose required annual payment for the 1631
19291929 taxable year is greater than or equal to one thousand dollars shall make 1632
19301930 the required annual payment each taxable year, in four required 1633
19311931 estimated tax installments on the following due dates: (A) For the first 1634
19321932 required installment, the fifteenth day of the fourth month of the taxable 1635
19331933 year; (B) for the second required installment, the fifteenth day of the 1636
19341934 sixth month of the taxable year; (C) for the third required installment, 1637
19351935 the fifteenth day of the ninth month of the taxable year; [,] and (D) for 1638
19361936 the fourth required installment, the fifteenth day of the first month of 1639
19371937 the next succeeding taxable year. An affected business entity may elect 1640
19381938 to pay any required installment prior to the specified due date. Except 1641
19391939 as provided in subdivision (2) of this subsection, the amount of each 1642
19401940 required installment shall be twenty-five per cent of the required annual 1643
19411941 payment. 1644
19421942 Sec. 33. Subdivision (10) of subsection (a) of section 12-701 of the 2020 1645
19431943 supplement to the general statutes is repealed and the following is 1646
19441944 substituted in lieu thereof (Effective October 1, 2020): 1647 Raised Bill No. 5463
19451945
19461946
19471947
19481948 LCO No. 2364 53 of 64
19491949
19501950 (10) "Connecticut fiduciary adjustment" means the net positive or 1648
19511951 negative total of the following items relating to income, gain, loss or 1649
19521952 deduction of a trust or estate: 1650
19531953 (A) There shall be added together: 1651
19541954 (i) [any] Any interest income from obligations issued by or on behalf 1652
19551955 of any state, political subdivision thereof, or public instrumentality, 1653
19561956 state or local authority, district or similar public entity, exclusive of such 1654
19571957 income from obligations issued by or on behalf of the state of 1655
19581958 Connecticut, any political subdivision thereof, or public 1656
19591959 instrumentality, state or local authority, district or similar public entity 1657
19601960 created under the laws of the state of Connecticut and exclusive of any 1658
19611961 such income with respect to which taxation by any state is prohibited by 1659
19621962 federal law; [,] 1660
19631963 (ii) [any] Any exempt-interest dividends, as defined in Section 1661
19641964 852(b)(5) of the Internal Revenue Code, exclusive of such exempt-1662
19651965 interest dividends derived from obligations issued by or on behalf of the 1663
19661966 state of Connecticut, any political subdivision thereof, or public 1664
19671967 instrumentality, state or local authority, district or similar public entity 1665
19681968 created under the laws of the state of Connecticut and exclusive of such 1666
19691969 exempt-interest dividends derived from obligations, the income with 1667
19701970 respect to which taxation by any state is prohibited by federal law; [,] 1668
19711971 (iii) [any] Any interest or dividend income on obligations or securities 1669
19721972 of any authority, commission or instrumentality of the United States 1670
19731973 [which] that federal law exempts from federal income tax but does not 1671
19741974 exempt from state income taxes; [,] 1672
19751975 (iv) [to] To the extent properly includable in determining the net gain 1673
19761976 or loss from the sale or other disposition of capital assets for federal 1674
19771977 income tax purposes, any loss from the sale or exchange of obligations 1675
19781978 issued by or on behalf of the state of Connecticut, any political 1676
19791979 subdivision thereof, or public instrumentality, state or local authority, 1677
19801980 district or similar public entity created under the laws of the state of 1678
19811981 Connecticut, in the income year such loss was recognized; [,] 1679 Raised Bill No. 5463
19821982
19831983
19841984
19851985 LCO No. 2364 54 of 64
19861986
19871987 (v) [to] To the extent deductible in determining federal taxable 1680
19881988 income prior to deductions relating to distributions to beneficiaries, any 1681
19891989 income taxes imposed by this state; [,] 1682
19901990 (vi) [to] To the extent deductible in determining federal taxable 1683
19911991 income prior to deductions relating to distributions to beneficiaries, any 1684
19921992 interest on indebtedness incurred or continued to purchase or carry 1685
19931993 obligations or securities the interest on which is exempt from tax under 1686
19941994 this chapter; [,] 1687
19951995 (vii) [expenses] Expenses paid or incurred during the taxable year for 1688
19961996 the production or collection of income which is exempt from tax under 1689
19971997 this chapter, or the management, conservation or maintenance of 1690
19981998 property held for the production of such income, and the amortizable 1691
19991999 bond premium for the taxable year on any bond the interest on which is 1692
20002000 exempt from taxation under this chapter, to the extent that such 1693
20012001 expenses and premiums are deductible in determining federal taxable 1694
20022002 income prior to deductions relating to distributions to beneficiaries; [,] 1695
20032003 (viii) [to] To the extent deductible in determining federal taxable 1696
20042004 income prior to deductions relating to distributions to beneficiaries, the 1697
20052005 deduction allowable as qualified domestic production activities income, 1698
20062006 pursuant to Section 199 of the Internal Revenue Code; [,] and 1699
20072007 (ix) [to] To the extent not includable in federal taxable income prior 1700
20082008 to deductions relating to distributions to beneficiaries, the total amount 1701
20092009 of a lump sum distribution for the taxable year. 1702
20102010 (B) There shall be subtracted from the sum of such items: 1703
20112011 (i) [to] To the extent properly includable in gross income for federal 1704
20122012 income tax purposes, any income with respect to which taxation by any 1705
20132013 state is prohibited by federal law; [,] 1706
20142014 (ii) [to] To the extent allowable under section 12-718, exempt 1707
20152015 dividends paid by a regulated investment company; [,] 1708
20162016 (iii) [with] With respect to any trust or estate [which] that is a 1709 Raised Bill No. 5463
20172017
20182018
20192019
20202020 LCO No. 2364 55 of 64
20212021
20222022 shareholder of an S corporation [which] that is carrying on, or [which] 1710
20232023 that has the right to carry on, business in this state, as said term is used 1711
20242024 in section 12-214, as amended by this act, the amount of such 1712
20252025 shareholder's pro rata share of such corporation's nonseparately 1713
20262026 computed items, as defined in Section 1366 of the Internal Revenue 1714
20272027 Code, that is subject to tax under chapter 208, in accordance with 1715
20282028 subsection (c) of section 12-217 multiplied by such corporation's 1716
20292029 apportionment fraction, if any, as determined in accordance with 1717
20302030 section 12-218; [,] 1718
20312031 (iv) [to] To the extent properly includable in gross income for federal 1719
20322032 income tax purposes, any interest income from obligations issued by or 1720
20332033 on behalf of the state of Connecticut, any political subdivision thereof, 1721
20342034 or public instrumentality, state or local authority, district or similar 1722
20352035 public entity created under the laws of the state of Connecticut; [,] 1723
20362036 (v) [to] To the extent properly includable in determining the net gain 1724
20372037 or loss from the sale or other disposition of capital assets for federal 1725
20382038 income tax purposes, any gain from the sale or exchange of obligations 1726
20392039 issued by or on behalf of the state of Connecticut, any political 1727
20402040 subdivision thereof, or public instrumentality, state or local authority, 1728
20412041 district or similar public entity created under the laws of the state of 1729
20422042 Connecticut, in the income year such gain was recognized; [,] 1730
20432043 (vi) [any] Any interest on indebtedness incurred or continued to 1731
20442044 purchase or carry obligations or securities the interest on which is 1732
20452045 subject to tax under this chapter, but exempt from federal income tax, to 1733
20462046 the extent that such interest on indebtedness is not deductible in 1734
20472047 determining federal taxable income prior to deductions relating to 1735
20482048 distributions to beneficiaries; [,] 1736
20492049 (vii) [ordinary] Ordinary and necessary expenses paid or incurred 1737
20502050 during the taxable year for the production or collection of income 1738
20512051 [which] that is subject to taxation under this chapter, but exempt from 1739
20522052 federal income tax, or the management, conservation or maintenance of 1740
20532053 property held for the production of such income, and the amortizable 1741 Raised Bill No. 5463
20542054
20552055
20562056
20572057 LCO No. 2364 56 of 64
20582058
20592059 bond premium for the taxable year on any bond the interest on which is 1742
20602060 subject to tax under this chapter, but exempt from federal income tax, to 1743
20612061 the extent that such expenses and premiums are not deductible in 1744
20622062 determining federal taxable income prior to deductions relating to 1745
20632063 distributions to beneficiaries; [,] and 1746
20642064 (viii) [the] The amount of any refund or credit for overpayment of 1747
20652065 income taxes imposed by this state, to the extent properly includable in 1748
20662066 gross income for federal income tax purposes for the taxable year and to 1749
20672067 the extent deductible in determining federal taxable income prior to 1750
20682068 deductions relating to distributions to beneficiaries for the preceding 1751
20692069 taxable year. 1752
20702070 Sec. 34. Subdivision (24) of subsection (a) of section 12-701 of the 2020 1753
20712071 supplement to the general statutes is repealed and the following is 1754
20722072 substituted in lieu thereof (Effective October 1, 2020): 1755
20732073 (24) "Adjusted federal tentative minimum tax" of an individual 1756
20742074 means such individual's federal tentative minimum tax or, in the case of 1757
20752075 an individual whose Connecticut adjusted gross income includes 1758
20762076 modifications described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), 1759
20772077 (A)(vii) or (A)(viii) of subdivision (20) of this subsection [(a) of this 1760
20782078 section] or subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), 1761
20792079 (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of this subsection, 1762
20802080 [(a) of this section,] the amount that would have been the federal 1763
20812081 tentative minimum tax if such tax were calculated by including, to the 1764
20822082 extent not includable in federal alternative minimum taxable income, 1765
20832083 the modifications described in subparagraph (A)(i), (A)(ii), (A)(v), 1766
20842084 (A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this subsection, [(a) of 1767
20852085 this section,] by excluding, to the extent includable in federal alternative 1768
20862086 minimum taxable income, the modifications described in subparagraph 1769
20872087 (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or 1770
20882088 (B)(xv) of subdivision (20) of this subsection [(a) of this section,] and by 1771
20892089 excluding, to the extent includable in federal alternative minimum 1772
20902090 taxable income, the amount of any interest income or exempt-interest 1773
20912091 dividends, as defined in Section 852(b)(5) of the Internal Revenue Code, 1774 Raised Bill No. 5463
20922092
20932093
20942094
20952095 LCO No. 2364 57 of 64
20962096
20972097 from obligations that are issued by or on behalf of the state of 1775
20982098 Connecticut, any political subdivision thereof, or public 1776
20992099 instrumentality, state or local authority, district, or similar public entity 1777
21002100 that is created under the laws of the state of Connecticut, or from 1778
21012101 obligations that are issued by or on behalf of any territory or possession 1779
21022102 of the United States, any political subdivision of such territory or 1780
21032103 possession, or public instrumentality, authority, district or similar 1781
21042104 public entity of such territory or possession, the income with respect to 1782
21052105 which taxation by any state is prohibited by federal law. If such 1783
21062106 individual is a beneficiary of a trust or estate, then, in calculating his or 1784
21072107 her federal tentative minimum tax, his or her federal alternative taxable 1785
21082108 income shall be increased or decreased, as the case may be, by the net 1786
21092109 amount of such individual's proportionate share of the Connecticut 1787
21102110 fiduciary adjustment relating to modifications that are described in, to 1788
21112111 the extent not includable in federal alternative minimum taxable 1789
21122112 income, subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) 1790
21132113 of subdivision (20) of this subsection, [(a) of this section,] or, to the extent 1791
21142114 includable in federal alternative minimum taxable income, 1792
21152115 subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), 1793
21162116 (B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this 1794
21172117 section.] 1795
21182118 Sec. 35. Subdivision (30) of subsection (a) of section 12-701 of the 2020 1796
21192119 supplement to the general statutes is repealed and the following is 1797
21202120 substituted in lieu thereof (Effective October 1, 2020): 1798
21212121 (30) "Adjusted federal alternative minimum taxable income" of an 1799
21222122 individual means his or her federal alternative minimum taxable 1800
21232123 income or, in the case of an individual whose Connecticut adjusted 1801
21242124 gross income includes modifications described in subparagraph (A)(i), 1802
21252125 (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this 1803
21262126 subsection [(a) of this section] or subparagraph (B)(i), (B)(ii), (B)(v), 1804
21272127 (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision 1805
21282128 (20) of this subsection, [(a) of this section,] the amount that would have 1806
21292129 been the federal alternative minimum taxable income if such amount 1807
21302130 were calculated by including, to the extent not includable in federal 1808 Raised Bill No. 5463
21312131
21322132
21332133
21342134 LCO No. 2364 58 of 64
21352135
21362136 alternative minimum taxable income, the modifications described in 1809
21372137 subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of 1810
21382138 subdivision (20) of this subsection, [(a) of this section,] by excluding, to 1811
21392139 the extent includable in federal alternative minimum taxable income, 1812
21402140 the modifications described in subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), 1813
21412141 (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of 1814
21422142 this subsection, [(a) of this section,] and by excluding, to the extent 1815
21432143 includable in federal alternative minimum taxable income, the amount 1816
21442144 of any interest income or exempt-interest dividends, as defined in 1817
21452145 Section 852(b)(5) of the Internal Revenue Code, from obligations that are 1818
21462146 issued by or on behalf of the state of Connecticut, any political 1819
21472147 subdivision thereof, or public instrumentality, state or local authority, 1820
21482148 district, or similar public entity that is created under the laws of the state 1821
21492149 of Connecticut, or from obligations that are issued by or on behalf of any 1822
21502150 territory or possession of the United States, any political subdivision of 1823
21512151 such territory or possession, or public instrumentality, authority, 1824
21522152 district or similar public entity of such territory or possession, the 1825
21532153 income with respect to which taxation by any state is prohibited by 1826
21542154 federal law. If such individual is a beneficiary of a trust or estate, then, 1827
21552155 for purposes of calculating his or her adjusted federal alternative 1828
21562156 minimum taxable income, his or her federal alternative minimum 1829
21572157 taxable income shall also be increased or decreased, as the case may be, 1830
21582158 by the net amount of such individual's proportionate share of the 1831
21592159 Connecticut fiduciary adjustment relating to modifications to the extent 1832
21602160 not includable in federal alternative minimum taxable income, that are 1833
21612161 described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or 1834
21622162 (A)(viii) of subdivision (20) of this subsection [(a) of this section] or to 1835
21632163 the extent includable in federal alternative minimum taxable income, 1836
21642164 subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), 1837
21652165 (B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this 1838
21662166 section.] 1839
21672167 Sec. 36. Section 12-701a of the general statutes is repealed and the 1840
21682168 following is substituted in lieu thereof (Effective October 1, 2020): 1841
21692169 The maximum [annual modification] amount that may be subtracted 1842 Raised Bill No. 5463
21702170
21712171
21722172
21732173 LCO No. 2364 59 of 64
21742174
21752175 under subparagraph (B)(xiii) of subdivision (20) of subsection (a) of 1843
21762176 section 12-701 shall be equal to the amount of contributions to all 1844
21772177 accounts established pursuant to any qualified state tuition program, as 1845
21782178 defined in Section 529(b) of the Internal Revenue Code, established and 1846
21792179 maintained by this state or any official, agency or instrumentality of the 1847
21802180 state, but shall not exceed five thousand dollars for each individual 1848
21812181 taxpayer, or ten thousand dollars for taxpayers filing a joint return. Any 1849
21822182 amount of a contribution that is not subtracted by the taxpayer in the 1850
21832183 year for which the contribution is made, on or after January 1, 2006, may 1851
21842184 be carried forward as a subtraction from income for the succeeding five 1852
21852185 years; provided the amount subtracted shall not exceed the maximum 1853
21862186 allowed in each subsequent taxable year. 1854
21872187 Sec. 37. Subdivision (5) of subsection (c) of section 12-717 of the 1855
21882188 general statutes is repealed and the following is substituted in lieu 1856
21892189 thereof (Effective October 1, 2020): 1857
21902190 (5) If a trust changes its status from resident to nonresident or from 1858
21912191 nonresident to resident, the provisions of subdivisions (1) to (4), 1859
21922192 inclusive, of this subsection shall apply, except that the term 1860
21932193 "individual" shall be read as "trust", reference to "items of income, gain, 1861
21942194 loss or deduction" shall mean the trust's share of such items determined 1862
21952195 in accordance with the methods of allocation set forth in section 12-714, 1863
21962196 reference to "gain" shall include any modification for includable gain 1864
21972197 under [subsection (9)] subdivision (9) of subsection (a) of section 12-701 1865
21982198 and federal adjusted gross income shall be determined as if the trust 1866
21992199 were an individual. 1867
22002200 Sec. 38. Subdivision (4) of section 12-801 of the 2020 supplement to 1868
22012201 the general statutes is repealed and the following is substituted in lieu 1869
22022202 thereof (Effective October 1, 2020): 1870
22032203 (4) "Lottery" means (A) the Connecticut state lottery conducted prior 1871
22042204 to the transfer authorized under section 12-808 by the Division of Special 1872
22052205 Revenue, (B) after such transfer, the Connecticut state lottery conducted 1873
22062206 by the corporation pursuant to sections [12-563a and] 12-800 to 12-818, 1874 Raised Bill No. 5463
22072207
22082208
22092209
22102210 LCO No. 2364 60 of 64
22112211
22122212 inclusive, (C) the state lottery referred to in subsection (a) of section 53-1875
22132213 278g, and (D) keno conducted by the corporation pursuant to section 12-1876
22142214 806c; 1877
22152215 Sec. 39. Subsection (c) of section 4-28f of the general statutes is 1878
22162216 repealed and the following is substituted in lieu thereof (Effective October 1879
22172217 1, 2020): 1880
22182218 (c) The trust fund shall be administered by a board of trustees, except 1881
22192219 that the board shall suspend its operations from July 1, 2003, to June 30, 1882
22202220 2005, inclusive. The board shall consist of seventeen trustees. The 1883
22212221 appointment of the initial trustees shall be as follows: (1) The Governor 1884
22222222 shall appoint four trustees, one of whom shall serve for a term of one 1885
22232223 year from July 1, 2000, two of whom shall serve for a term of two years 1886
22242224 from July 1, 2000, and one of whom shall serve for a term of three years 1887
22252225 from July 1, 2000; (2) the speaker of the House of Representatives and 1888
22262226 the president pro tempore of the Senate each shall appoint two trustees, 1889
22272227 one of whom shall serve for a term of two years from July 1, 2000, and 1890
22282228 one of whom shall serve for a term of three years from July 1, 2000; (3) 1891
22292229 the majority leader of the House of Representatives and the majority 1892
22302230 leader of the Senate each shall appoint two trustees, one of whom shall 1893
22312231 serve for a term of one year from July 1, 2000, and one of whom shall 1894
22322232 serve for a term of three years from July 1, 2000; (4) the minority leader 1895
22332233 of the House of Representatives and the minority leader of the Senate 1896
22342234 each shall appoint two trustees, one of whom shall serve for a term of 1897
22352235 one year from July 1, 2000, and one of whom shall serve for a term of 1898
22362236 two years from July 1, 2000; and (5) the Secretary of the Office of Policy 1899
22372237 and Management, or the secretary's designee, shall serve as an ex-officio 1900
22382238 voting member. Following the expiration of such initial terms, 1901
22392239 subsequent trustees shall serve for a term of three years. The period of 1902
22402240 suspension of the board's operations from July 1, 2003, to June 30, 2005, 1903
22412241 inclusive, shall not be included in the term of any trustee serving on July 1904
22422242 1, 2003. The trustees shall serve without compensation except for 1905
22432243 reimbursement for necessary expenses incurred in performing their 1906
22442244 duties. The board of trustees shall establish rules of procedure for the 1907
22452245 conduct of its business which shall include, but not be limited to, 1908 Raised Bill No. 5463
22462246
22472247
22482248
22492249 LCO No. 2364 61 of 64
22502250
22512251 criteria, processes and procedures to be used in selecting programs to 1909
22522252 receive money from the trust fund. The trust fund shall be within the 1910
22532253 Office of Policy and Management for administrative purposes only. The 1911
22542254 board of trustees shall, not later than January first of each year, except 1912
22552255 following a fiscal year in which the trust fund does not receive a deposit 1913
22562256 from the Tobacco Settlement Fund, [shall] submit a report of its activities 1914
22572257 and accomplishments to the joint standing committees of the General 1915
22582258 Assembly having cognizance of matters relating to public health and 1916
22592259 appropriations and the budgets of state agencies, in accordance with 1917
22602260 section 11-4a. 1918
22612261 Sec. 40. Section 4-66k of the 2020 supplement to the general statutes 1919
22622262 is repealed and the following is substituted in lieu thereof (Effective 1920
22632263 October 1, 2020): 1921
22642264 (a) There is established an account to be known as the "regional 1922
22652265 planning incentive account" which shall be a separate, nonlapsing 1923
22662266 account within the General Fund. The account shall contain any moneys 1924
22672267 required by law to be deposited in the account. Except as provided in 1925
22682268 subsection (d) of this section, moneys [,] in the account shall be 1926
22692269 expended by the Secretary of the Office of Policy and Management in 1927
22702270 accordance with subsection (b) of this section for the purposes of first 1928
22712271 providing funding to regional planning organizations in accordance 1929
22722272 with the provisions of subsections (b) and (c) of this section and then to 1930
22732273 providing grants under the regional performance incentive program 1931
22742274 established pursuant to section 4-124s. 1932
22752275 (b) For the fiscal year ending June 30, 2014, funds from the regional 1933
22762276 planning incentive account shall be distributed to each regional 1934
22772277 planning organization, as defined in section 4-124i, revision of 1958, 1935
22782278 revised to January 1, 2013, in the amount of one hundred twenty-five 1936
22792279 thousand dollars. Any regional council of governments that is 1937
22802280 comprised of any two or more regional planning organizations that 1938
22812281 voluntarily consolidate on or before December 31, 2013, shall receive an 1939
22822282 additional payment in an amount equal to the amount the regional 1940
22832283 planning organizations would have received if such regional planning 1941 Raised Bill No. 5463
22842284
22852285
22862286
22872287 LCO No. 2364 62 of 64
22882288
22892289 organizations had not voluntarily consolidated. 1942
22902290 (c) Beginning in the fiscal year ending June 30, 2015, and annually 1943
22912291 thereafter, funds from the regional planning incentive account shall be 1944
22922292 distributed to each regional council of governments formed pursuant to 1945
22932293 section 4-124j, in the amount of one hundred twenty-five thousand 1946
22942294 dollars plus fifty cents per capita, using population information from 1947
22952295 the most recent federal decennial census. Any regional council of 1948
22962296 governments that is comprised of any two or more regional planning 1949
22972297 organizations, as defined in section 4-124i of the general statutes, 1950
22982298 revision of 1958, revised to January 1, 2013, that voluntarily consolidated 1951
22992299 on or before December 31, 2013, shall receive a payment in the amount 1952
23002300 of one hundred twenty-five thousand dollars for each such regional 1953
23012301 planning organization that voluntarily consolidated on or before said 1954
23022302 date. 1955
23032303 (d) There is established a regionalization subaccount within the 1956
23042304 regional planning incentive account. If the Connecticut Lottery 1957
23052305 Corporation offers online its existing lottery draw games through the 1958
23062306 corporation's Internet web site, online service or mobile application, the 1959
23072307 revenue from such online offering that exceeds an amount equivalent to 1960
23082308 the costs of the debt-free community college program under section 10a-1961
23092309 174 shall be deposited in the subaccount, or, if such online offering is not 1962
23102310 established, the amount provided under subsection (b) of section 364 of 1963
23112311 public act 19-117 for regionalization initiatives shall be deposited in the 1964
23122312 subaccount. Moneys in the subaccount shall be expended only for the 1965
23132313 purposes recommended by the task force established under section 4-1966
23142314 66s. 1967
23152315 Sec. 41. Subsection (h) of section 38a-88a of the general statutes is 1968
23162316 repealed and the following is substituted in lieu thereof (Effective October 1969
23172317 1, 2020): 1970
23182318 (h) No taxpayer shall be eligible for a credit under this section and 1971
23192319 [either] section 12-217e [or section 12-217m] for the same investment. No 1972
23202320 two taxpayers shall be eligible for any tax credit with respect to the same 1973 Raised Bill No. 5463
23212321
23222322
23232323
23242324 LCO No. 2364 63 of 64
23252325
23262326 investment, employee or facility. 1974
23272327 This act shall take effect as follows and shall amend the following
23282328 sections:
23292329
23302330 Section 1 October 1, 2020 12-35(a)
23312331 Sec. 2 October 1, 2020 12-40
23322332 Sec. 3 October 1, 2020 12-43
23332333 Sec. 4 October 1, 2020 12-44
23342334 Sec. 5 October 1, 2020 12-54
23352335 Sec. 6 October 1, 2020 12-57a(b)
23362336 Sec. 7 October 1, 2020 12-111(a)
23372337 Sec. 8 October 1, 2020 12-120a(4)
23382338 Sec. 9 October 1, 2020 12-121f(a)
23392339 Sec. 10 October 1, 2020 12-170aa
23402340 Sec. 11 October 1, 2020 12-208(a)
23412341 Sec. 12 October 1, 2020 12-214(b)
23422342 Sec. 13 October 1, 2020 12-219(b)
23432343 Sec. 14 October 1, 2020 12-217(a)(3)
23442344 Sec. 15 October 1, 2020 12-217zz(a)
23452345 Sec. 16 October 1, 2020 12-391(i)
23462346 Sec. 17 October 1, 2020 12-408h(b)
23472347 Sec. 18 October 1, 2020 12-410
23482348 Sec. 19 October 1, 2020 12-412(120)
23492349 Sec. 20 October 1, 2020 12-414(c)
23502350 Sec. 21 October 1, 2020 12-433
23512351 Sec. 22 October 1, 2020 12-438
23522352 Sec. 23 October 1, 2020 12-458(c)
23532353 Sec. 24 October 1, 2020 12-587
23542354 Sec. 25 October 1, 2020 12-587a(a)
23552355 Sec. 26 October 1, 2020 12-631
23562356 Sec. 27 October 1, 2020 12-632(a)(1)
23572357 Sec. 28 October 1, 2020 12-632(c)
23582358 Sec. 29 October 1, 2020 12-632(f)
23592359 Sec. 30 October 1, 2020 17b-738
23602360 Sec. 31 October 1, 2020 12-657
23612361 Sec. 32 October 1, 2020 12-699a(b)(1)
23622362 Sec. 33 October 1, 2020 12-701(a)(10)
23632363 Sec. 34 October 1, 2020 12-701(a)(24)
23642364 Sec. 35 October 1, 2020 12-701(a)(30)
23652365 Sec. 36 October 1, 2020 12-701a Raised Bill No. 5463
23662366
23672367
23682368
23692369 LCO No. 2364 64 of 64
23702370
23712371 Sec. 37 October 1, 2020 12-717(c)(5)
23722372 Sec. 38 October 1, 2020 12-801(4)
23732373 Sec. 39 October 1, 2020 4-28f(c)
23742374 Sec. 40 October 1, 2020 4-66k
23752375 Sec. 41 October 1, 2020 38a-88a(h)
23762376
23772377 Statement of Purpose:
23782378 To make minor and technical revisions to the tax and related statutes.
23792379 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
23802380 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
23812381 underlined.]
23822382