LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440-R01- HB.docx 1 of 17 General Assembly Substitute Bill No. 6440 January Session, 2021 AN ACT ESTABLISHING THE JOBSCT TAX REBAT E PROGRAM. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2021, and applicable to taxable years 1 commencing on or after January 1, 2022) (a) As used in this section: 2 (1) "Commissioner" means the Commissioner of Economic and 3 Community Development; 4 (2) "Discretionary FTE" means an FTE that is paid qualified wages 5 and does not meet the threshold wage requirements to be a qualified 6 FTE but is approved by the commissioner pursuant to subdivision (4) of 7 subsection (c) of this section; 8 (3) "Distressed municipality" has the same meaning as provided in 9 section 32-9p of the general statutes; 10 (4) "Full-time equivalent" or "FTE" means the number of employees 11 employed at a qualified business, calculated in accordance with 12 subsection (d) of this section; 13 (5) "Full-time job" means a job in which an employee is required to 14 work at least thirty-five or more hours per week. "Full-time job" does 15 not include a temporary or seasonal job; 16 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 2 of 17 (6) "Median household income" means the median annual household 17 income for residents in a municipality as calculated from the U.S. 18 Census Bureau's five-year American Community Survey or another 19 data source, at the sole discretion of the commissioner; 20 (7) "New employee" means a person or persons hired by the qualified 21 business to fill a full-time equivalent position. A new employee does not 22 include a person who was employed in this state by a related person 23 with respect to the qualified business within twelve months prior to a 24 qualified business' application to the commissioner for a rebate 25 allocation notice for a job creation rebate pursuant to subsection (c) of 26 this section; 27 (8) "New FTEs" means the number of FTEs that (A) did not exist in 28 this state at the time of a qualified business' application to the 29 commissioner for a rebate allocation notice for a job creation rebate 30 pursuant to subsection (c) of this section, (B) are not the result of FTEs 31 acquired due to a merger or acquisition, (C) are filled by a new 32 employee, (D) are qualified FTEs, and (E) are not FTEs hired to replace 33 FTEs that existed in the state after January 1, 2020. The commissioner 34 may issue guidance on the implementation of this definition; 35 (9) "New FTEs created" means the number of new FTEs that the 36 qualified business is employing at a point-in-time at the end of the 37 relevant time period; 38 (10) "New FTEs maintained" means the total number of new FTEs 39 employed throughout a relevant time period; 40 (11) "Opportunity zone" means a population census tract that is a 41 low-income community that is designated as a "qualified opportunity 42 zone" pursuant to the Tax Cuts and Jobs Act of 2017, P.L. 115-97, as 43 amended from time to time; 44 (12) "Part-time job" means a job in which an employee is required to 45 work less than thirty-five hours per week. "Part-time job" does not 46 include a temporary or seasonal job; 47 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 3 of 17 (13) "Qualified business" means a person that is (A) engaged in 48 business in an industry related to finance, insurance, manufacturing, 49 clean energy, bioscience, technology, digital media or any similar 50 industry, as determined by the sole discretion of the commissioner, and 51 (B) subject to taxation under chapter 207, 208 or 228z of the general 52 statutes; 53 (14) "Qualified FTE" means an FTE who is paid qualified wages of at 54 least eighty-five per cent of the median household income for the 55 location where the FTE position is primarily located, scaled in 56 proportion to the FTE fraction, or thirty-seven thousand five hundred 57 dollars, scaled in proportion to the FTE fraction, whichever is greater; 58 (15) "Qualified wages" means wages sourced to this state pursuant to 59 section 12-705 of the general statutes; 60 (16) "Rebate period" means the calendar years in which a tax rebate 61 provided for in this section is to be paid pursuant to a contract executed 62 pursuant to subsection (c) of this section; and 63 (17) "Related person" means (A) a corporation, limited liability 64 company, partnership, association or trust controlled by the qualified 65 business, (B) an individual, corporation, limited liability company, 66 partnership, association or trust that is in control of the qualified 67 business, (C) a corporation, limited liability company, partnership, 68 association or trust controlled by an individual, corporation, limited 69 liability company, partnership, association or trust that is in control of 70 the qualified business, or (D) a member of the same controlled group as 71 the qualified business. For the purposes of this subdivision, "control" 72 means (i) ownership, directly or indirectly, of stock possessing fifty per 73 cent or more of the total combined voting power of all classes of the 74 stock of a corporation entitled to vote, (ii) ownership, directly or 75 indirectly, of fifty per cent or more of the capital or profits interest in a 76 partnership, limited liability company or association, or (iii) ownership, 77 directly or indirectly, of fifty per cent or more of the beneficial interest 78 in the principal or income of a trust. The ownership of stock in a 79 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 4 of 17 corporation, of a capital or profits interest in a partnership, of a limited 80 liability company or association or of a beneficial interest in a trust shall 81 be determined in accordance with the rules for constructive ownership 82 of stock provided in Section 267(c) of the Internal Revenue Code of 1986, 83 or any subsequent corresponding internal revenue code of the United 84 States, as amended from time to time, other than paragraph (3) of said 85 section. 86 (b) There is established a JobsCT tax rebate program under which 87 qualified businesses that create jobs in this state, in accordance with the 88 provisions of this section, may be allowed a tax rebate, which shall be 89 treated as a credit against the tax imposed under chapter 208 or 228z of 90 the general statutes or as an offset of the tax imposed under chapter 207 91 of the general statutes. 92 (c) (1) To be eligible to claim a rebate under this section, a qualified 93 business shall apply to the commissioner in accordance with the 94 provisions of this subsection. The application shall be on a form 95 prescribed by the commissioner and may require information, 96 including, but not limited to, the number of new FTEs to be created by 97 the qualified business, the number of current FTEs employed by the 98 qualified business, feasibility studies or business plans for the increased 99 number of FTEs, projected state and local revenue that may reasonably 100 derive as a result of the increased number of FTEs and any other 101 information necessary to determine whether there will be net benefits to 102 the economy of the municipality or municipalities in which the qualified 103 business is primarily located and the state. 104 (2) Upon receipt of an application, the commissioner shall determine 105 (A) whether the qualified business making the application will be 106 reasonably able to meet the FTE hiring targets and other metrics as 107 presented in such application, (B) whether such qualified business' 108 proposed job growth would provide a net benefit to economic 109 development and employment opportunities in the state, and (C) 110 whether such qualified business' proposed job growth will exceed the 111 number of jobs at the business that existed prior to January 1, 2020. The 112 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 5 of 17 commissioner may require the applicant to submit additional 113 information to evaluate an application. Each qualified business making 114 an application shall satisfy the requirements of this subdivision, as 115 determined by the commissioner, to be eligible for the JobsCT tax rebate 116 program. 117 (3) The commissioner, upon consideration of an application and any 118 additional information, may approve an application in whole or in part 119 or may approve an application with amendments. If the commissioner 120 disapproves an application, the commissioner shall identify the defects 121 in such application and explain the specific reasons for the disapproval. 122 The commissioner shall render a decision on an application not later 123 than ninety days after the date of its receipt by the commissioner. 124 (4) The commissioner may approve an application in whole or in part 125 by a qualified business that creates new discretionary FTEs or may 126 approve such an application with amendments if a majority of such new 127 discretionary FTEs are individuals who (A) because of a disability, are 128 receiving or have received services from the Department of Aging and 129 Disability Services; (B) are receiving employment services from the 130 Department of Mental Health and Addiction Services or participating in 131 employment opportunities and day services, as defined in section 17a-132 226 of the general statutes, operated or funded by the Department of 133 Developmental Services; (C) have been unemployed for at least six of 134 the preceding twelve months; (D) have been conv icted of a 135 misdemeanor or felony; (E) are veterans, as defined in section 27-103 of 136 the general statutes; (F) have not earned any postsecondary credential 137 and are not currently enrolled in an postsecondary institution or 138 program; or (G) are currently enrolled in a workforce training program 139 fully or substantially paid for by the employer that results in such 140 individual earning a postsecondary credential. 141 (5) The commissioner may combine approval of an application with 142 the exercise of any of the commissioner's other powers, including, but 143 not limited to, the provision of other financial assistance. 144 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 6 of 17 (6) The commissioner shall enter into a contract with an approved 145 qualified business, which shall include, but need not be limited to, a 146 requirement that the qualified business consent to the Department of 147 Economic and Community Development's access of data compiled by 148 other state agencies, including, but not limited to, the Labor 149 Department, for the purposes of audit and enforcement and, if a 150 qualified business is approved by the commissioner in accordance with 151 subdivision (4) of this subsection, the required wage such business shall 152 pay new discretionary FTEs to qualify for the tax rebates provided for 153 in subsection (f) of this section. 154 (7) Upon signing a contract with an approved qualified business, the 155 commissioner shall issue a rebate allocation notice stating the maximum 156 amount of each rebate available to such business for the rebate period 157 and the specific terms that such business shall meet to qualify for each 158 rebate. Such notice shall certify to the approved qualified business that 159 the rebates may be claimed by such business if it meets the specific terms 160 set forth in the notice. 161 (d) For the purposes of this section, the FTE of a full-time job or part-162 time job is based on the hours worked or expected to be worked by an 163 employee in a calendar year. A job in which an employee worked or is 164 expected to work one thousand seven hundred fifty hours or more in a 165 calendar year equals one FTE. A job in which an employee worked or is 166 expected to work less than one thousand seven hundred fifty hours 167 equals a fraction of one FTE, where the fraction is the number of hours 168 worked in a calendar year divided by one thousand seven hundred fifty. 169 The commissioner shall have the discretion to adjust the calculation of 170 FTE. 171 (e) (1) In each calendar year of the rebate period, a qualified business 172 approved by the commissioner pursuant to subdivision (3) of subsection 173 (c) of this section that employs at least twenty-five new FTEs in this state 174 by December thirty-first of the calendar year that is two calendar years 175 prior to the calendar year in which the rebate is being claimed shall be 176 allowed a rebate equal to the greater of the following amounts: 177 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 7 of 17 (A) The sum of: 178 (i) The lesser of (I) the new FTEs created in an opportunity zone or 179 distressed municipality on December thirty-first of the calendar year 180 that is two calendar years prior to the calendar year in which the rebate 181 is being claimed, or (II) the new FTEs maintained in an opportunity zone 182 or distressed municipality in the previous calendar year, multiplied by 183 fifty per cent of the income tax that would be paid on the average wage 184 of the new FTEs, as determined by the applicable marginal rate set forth 185 in chapter 229 of the general statutes for an unmarried individual based 186 solely on such wages; and 187 (ii) The lesser of (I) the new FTEs created on December thirty-first of 188 the calendar year that is two calendar years prior to the calendar year in 189 which the rebate is being claimed, or (II) the new FTEs maintained in a 190 location other than an opportunity zone or distressed municipality in 191 the previous calendar year, multiplied by twenty-five per cent of the 192 income tax that would be paid on the average wage of the new FTEs, as 193 determined by the applicable marginal rate set forth in chapter 229 of 194 the general statutes for an unmarried individual based solely on such 195 wages; or 196 (B) The greater of: 197 (i) One thousand dollars multiplied by the lesser of (I) the new FTEs 198 created by December thirty-first of the calendar year that is two calendar 199 years prior to the calendar year in which the rebate is being claimed, or 200 (II) the new FTEs maintained in the calendar year immediately prior to 201 the calendar year in which the rebate is being claimed; or 202 (ii) For tax credits earned, claimed or payable prior to January 1, 2024, 203 two thousand dollars multiplied by the lesser of (I) the new FTEs created 204 by December 31, 2021, or (II) the new FTEs maintained in the calendar 205 year immediately prior to the calendar year in which the rebate is being 206 claimed. 207 (2) In no event shall the rebate under this subsection exceed in any 208 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 8 of 17 calendar year of the rebate period five thousand dollars multiplied by 209 the lesser of (A) the new FTEs created by December thirty-first of the 210 calendar year that is two calendar years prior to the calendar year in 211 which the rebate is being claimed, or (B) the new FTEs maintained in the 212 calendar year immediately prior to the calendar year in which the rebate 213 is being claimed. 214 (3) In no event shall an approved qualified business receive a rebate 215 under this subsection in any calendar year of the rebate period if such 216 business has not maintained at least twenty-five new FTEs in the 217 calendar year immediately prior to the calendar year in which the rebate 218 is being claimed. 219 (f) (1) In each calendar year of the rebate period, a qualified business 220 approved by the commissioner pursuant to subdivision (4) of subsection 221 (c) of this section that employs at least twenty-five new discretionary 222 FTEs in this state by December thirty-first of the calendar year that is 223 two calendar years prior to the calendar year in which the rebate is being 224 claimed shall be allowed a rebate equal to the sum of the amount 225 calculated pursuant to subdivision (1) of subsection (e) of this section 226 and the greater of the following: 227 (A) The sum of: 228 (i) The lesser of the new discretionary FTEs (I) created in an 229 opportunity zone or distressed municipality on December thirty-first of 230 the calendar year that is two calendar years prior to the calendar year in 231 which the rebate is being claimed, or (II) maintained in an opportunity 232 zone or distressed municipality in the previous calendar year, 233 multiplied by fifty per cent of the income tax that would be paid on the 234 average wage of the new discretionary FTEs, as determined by the 235 applicable marginal rate set forth in chapter 229 of the general statutes 236 for an unmarried individual based solely on such wages; and 237 (ii) The lesser of the new discretionary FTEs (I) created on December 238 thirty-first of the calendar year that is two calendar years prior to the 239 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 9 of 17 calendar year in which the rebate is being claimed, or (II) maintained in 240 a location other than an opportunity zone or distressed municipality in 241 the previous calendar year, multiplied by twenty-five per cent of the 242 income tax that would be paid on the average wage of the new 243 discretionary FTEs, as determined by the applicable marginal rate set 244 forth in chapter 229 of the general statutes for an unmarried individual 245 based solely on such wages; or 246 (B) The greater of: 247 (i) Seven hundred fifty dollars multiplied by the lesser of the new 248 discretionary FTEs (I) created by December thirty-first of the calendar 249 year that is two calendar years prior to the calendar year in which the 250 rebate is being claimed, or (II) maintained in the calendar year 251 immediately prior to the calendar year in which the rebate is being 252 claimed; or 253 (ii) For tax credits earned, claimed or payable prior to January 1, 2024, 254 one thousand five hundred dollars multiplied by the lesser of (I) the new 255 FTEs created by December 31, 2021, or (II) the new FTEs maintained in 256 the calendar year immediately prior to the calendar year in which the 257 rebate is being claimed. 258 (2) In no event shall the rebate under this section exceed in any 259 calendar year of the rebate period five thousand dollars multiplied by 260 the lesser of the new discretionary FTEs (A) created by December thirty-261 first of the calendar year that is two calendar years prior to the calendar 262 year in which the rebate is being claimed, or (B) maintained in the 263 calendar year immediately prior to the calendar year in which the rebate 264 is being claimed. 265 (3) In no event shall an approved qualified business receive a rebate 266 under this subsection in any calendar year of the rebate period if such 267 business has not maintained at least twenty-five new discretionary FTEs 268 in the calendar year immediately prior to the calendar year in which the 269 rebate is being claimed. 270 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 10 of 17 (g) (1) Notwithstanding the provisions of subdivisions (3) and (4) of 271 subsection (c) of this section, the commissioner may not approve an 272 application in whole or in part if the full amount of rebates that such 273 applicant may be paid pursuant to subsection (e) or (f) of this section 274 would result in the aggregate amount of rebates issued to all approved 275 qualified businesses under this section exceeding forty million dollars 276 in any fiscal year. 277 (2) Notwithstanding the provisions of subdivision (4) of subsection 278 (c) of this section, the commissioner may not approve an application in 279 whole or in part if the full amount of rebates that such applicant may be 280 paid pursuant to subsection (f) of this section would result in the 281 aggregate amount of rebates issued pursuant to subsection (f) of this 282 section exceeding ten million dollars in any fiscal year. 283 (h) (1) A rebate under this section may be granted to an approved 284 qualified business for not more than seven successive calendar years. A 285 rebate shall not be granted until at least twenty-four months after the 286 commissioner's approval of a qualified business' application. 287 (2) An approved qualified business that has fewer than twenty-five 288 new FTEs created in each of two consecutive calendar years or, if such 289 business is approved by the commissioner pursuant to subdivision (4) 290 of subsection (c) of this section, fewer than twenty-five new 291 discretionary FTEs in each of two consecutive calendar years shall 292 forfeit all remaining rebate allocations, unless the commissioner 293 recognizes mitigating circumstances of a regional or national nature, 294 including, but not limited to, a recession. 295 (i) Not later than January thirty-first of each year during the rebate 296 period, each approved qualified business shall provide information to 297 the commissioner regarding the number of new FTEs or new 298 discretionary FTEs created or maintained during the prior calendar year 299 and the qualified wages of such new employees. Any information 300 provided under this subsection shall be subject to audit by the 301 Department of Economic and Community Development. 302 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 11 of 17 (j) Not later than March fifteenth of each year during the rebate 303 period, the Department of Economic and Community Development 304 shall issue the approved qualified business a rebate voucher that sets 305 forth the amount of the rebate, as calculated pursuant to subsections (e) 306 and (f) of this section, and the taxable year against which such rebate 307 may be claimed. The approved qualified business shall claim such 308 rebate as a credit against the taxes due under chapter 208 or 228z of the 309 general statutes or as an offset of the tax imposed under chapter 207 of 310 the general statutes. The commissioner shall annually provide to the 311 Commissioner of Revenue Services a report detailing all rebate vouchers 312 that have been issued under this section. 313 (k) Beginning on January 1, 2023, and annually thereafter, the 314 commissioner, in consultation with the office of the State Comptroller 315 and the Auditors of Public Accounts, shall submit a report to the Office 316 of Policy and Management on the expenses of the JobsCT tax rebate 317 program and the number of FTEs and discretionary FTEs created and 318 maintained. 319 Sec. 2. (NEW) (Effective July 1, 2021, and applicable to taxable years 320 commencing on or after January 1, 2022) As used in this section, "affected 321 business entity" and "member" have the same meanings as provided in 322 subsection (a) of section 12-699 of the general statutes. An affected 323 business entity that receives a rebate under section 1 of this act shall 324 claim such rebate as a credit against the tax due under chapter 228z of 325 the general statutes. If the amount of the rebate allowed pursuant to 326 section 1 of this act exceeds the liability for the tax imposed under 327 chapter 228z of the general statutes, the Commissioner of Revenue 328 Services shall treat such excess as an overpayment and shall refund the 329 amount of such excess, without interest, to the taxpayer. With respect to 330 an affected business entity granted a rebate pursuant to section 1 of this 331 act, the credit available to the members of such entity pursuant to 332 subdivision (1) of subsection (g) of section 12-699 of the general statutes 333 shall be based upon the amount of tax due under chapter 228z of the 334 general statutes from such entity prior to the application of the rebate 335 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 12 of 17 granted pursuant to section 1 of this act and any other payments made 336 against such tax due. 337 Sec. 3. Subsection (b) of section 12-211a of the general statutes is 338 repealed and the following is substituted in lieu thereof (Effective July 1, 339 2021, and applicable to taxable years commencing on or after January 1, 2022): 340 [(b) (1) For a calendar year commencing on or after January 1, 2011, 341 and prior to January 1, 2013, the amount of tax credit or credits 342 otherwise allowable against the tax imposed under this chapter for such 343 calendar year may exceed the amount specified in subsection (a) of this 344 section only by the amount computed under subparagraph (A) of 345 subdivision (2) of this subsection, provided in no event may the amount 346 of tax credit or credits otherwise allowable against the tax imposed 347 under this chapter for such calendar year exceed one hundred per cent 348 of the amount of tax due from such taxpayer under this chapter with 349 respect to such calendar year of the taxpayer prior to the application of 350 such credit or credits. 351 (2) (A) The taxpayer's average monthly net employee gain for a 352 calendar year shall be multiplied by six thousand dollars. 353 (B) The taxpayer's average monthly net employee gain for a calendar 354 year shall be computed as follows: For each month in the calendar year, 355 the taxpayer shall subtract from the number of its employees in this state 356 on the last day of such month the number of its employees in this state 357 on the first day of the calendar year. The taxpayer shall total the 358 differences for the twelve months in the calendar year, and such total, 359 when divided by twelve, shall be the taxpayer's average monthly net 360 employee gain for the calendar year. For purposes of this computation, 361 only employees who are required to work at least thirty-five hours per 362 week and only employees who were not employed in this state by a 363 related person, as defined in section 12-217ii, within the twelve months 364 prior to the first day of the calendar year may be taken into account in 365 computing the number of employees. 366 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 13 of 17 (C) If the taxpayer's average monthly net employee gain is zero or 367 less than zero, the taxpayer may not exceed the amount specified in 368 subsection (a) of this section.] 369 (b) The amount of the rebate computed under section 1 of this act 370 shall be treated as an offset of the tax due under chapter 207 and may 371 exceed the amount specified in subsection (a) of this section. If the 372 amount of the rebate allowed pursuant to section 1 of this act exceeds 373 the taxpayer's liability for the tax imposed under this chapter, the 374 commissioner shall treat such excess as an overpayment and shall 375 refund the amount of such excess, without interest, to the taxpayer. 376 Sec. 4. Subsection (b) of section 12-217zz of the general statutes is 377 repealed and the following is substituted in lieu thereof (Effective July 1, 378 2021, and applicable to taxable years commencing on or after January 1, 2022): 379 [(b) (1) For an income year commencing on or after January 1, 2011, 380 and prior to January 1, 2013, the amount of tax credit or credits 381 otherwise allowable against the tax imposed under this chapter for such 382 income year may exceed the amount specified in subsection (a) of this 383 section only by the amount computed under subparagraph (A) of 384 subdivision (2) of this subsection, provided in no event may the amount 385 of tax credit or credits otherwise allowable against the tax imposed 386 under this chapter for such income year exceed one hundred per cent of 387 the amount of tax due from such taxpayer under this chapter with 388 respect to such income year of the taxpayer prior to the application of 389 such credit or credits. 390 (2) (A) The taxpayer's average monthly net employee gain for an 391 income year shall be multiplied by six thousand dollars. 392 (B) The taxpayer's average monthly net employee gain for an income 393 year shall be computed as follows: For each month in the taxpayer's 394 income year, the taxpayer shall subtract from the number of its 395 employees in this state on the last day of such month the number of its 396 employees in this state on the first day of its income year. The taxpayer 397 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 14 of 17 shall total the differences for the twelve months in such income year, 398 and such total, when divided by twelve, shall be the taxpayer's average 399 monthly net employee gain for the income year. For purposes of this 400 computation, only employees who are required to work at least thirty-401 five hours per week and only employees who were not employed in this 402 state by a related person, as defined in section 12-217ii, within the twelve 403 months prior to the first day of the income year may be taken into 404 account in computing the number of employees. 405 (C) If the taxpayer's average monthly net employee gain is zero or 406 less than zero, the taxpayer may not exceed the seventy per cent limit 407 imposed under subsection (a) of this section.] 408 (b) The amount of the rebate computed under section 1 of this act 409 shall be treated as a credit and may exceed the amount specified in 410 subsection (a) of this section. If the amount of the rebate allowed 411 pursuant to section 1 of this act exceeds the taxpayer's liability for the 412 tax imposed under this chapter, the commissioner shall treat such excess 413 as an overpayment and shall refund the amount of such excess, without 414 interest, to the taxpayer. 415 Sec. 5. Section 12-217aa of the general statutes is repealed and the 416 following is substituted in lieu thereof (Effective July 1, 2021, and 417 applicable to income years beginning on or after January 1, 2022): 418 (a) Except as otherwise provided in section 12-217t and subsection (c) 419 of this section, whenever a company is eligible to claim more than one 420 corporation business tax credit, the credits shall be claimed for the 421 income year in the following order: (1) Any credit that may be carried 422 backward to a preceding income year or years shall first be claimed (A) 423 with any credit carry-back that will expire first being claimed before any 424 credit carry-back that will expire later or will not expire at all, and (B) if 425 the credit carry-backs will expire at the same time, in the order in which 426 the company may receive the maximum benefit; (2) any credit that may 427 not be carried backward to a preceding income year or years and that 428 may not be carried forward to a succeeding income year or years shall 429 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 15 of 17 next be claimed, in the order in which the company may receive the 430 maximum benefit; and (3) any credit that may be carried forward to a 431 succeeding income year or years shall next be claimed (A) with any 432 credit carry-forward that will expire first being claimed before any 433 credit carry-forward that will expire later or will not expire at all, and 434 (B) if the credit carry-forwards will expire at the same time, in the order 435 in which the company may receive the maximum benefit. 436 (b) In no event shall any credit be claimed more than once. 437 (c) The rebate allowed pursuant to section 1 of this act shall be 438 claimed after all other credits have been claimed. 439 Sec. 6. (NEW) (Effective July 1, 2021) (a) As used in this section: 440 (1) "Dislocated worker" means an individual who: 441 (A) (i) Has been terminated or laid off, or has received a notice of 442 termination or layoff, from employment; (ii) is eligible for or has 443 exhausted entitlement to unemployment compensation or has been 444 employed for a duration sufficient to demonstrate, to the appropriate 445 entity at a one-stop center referred to in Section 134(c) of the federal 446 Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as 447 amended from time to time, attachment to the workforce, but is not 448 eligible for unemployment compensation due to insufficient earnings or 449 having performed services for an employer that were not covered under 450 chapter 567 of the general statutes; or (iii) is unlikely to return to a 451 previous industry or occupation; 452 (B) (i) Has been terminated or laid off, or has received a notice of 453 termination or layoff, from employment as a result of any permanent 454 closure of, or any substantial layoff at, a plant, facility or enterprise; (ii) 455 is employed at a facility at which the employer has made a general 456 announcement that such facility will close within one hundred eighty 457 days; or (iii) for purposes of eligibility to receive services, other than 458 training services described in subdivision (14) of subsection (b) of 459 section 31-11p of the general statutes, as amended by this act, intensive 460 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 16 of 17 services described in subdivision (13) of subsection (b) of said section, 461 or supportive services, is employed at a facility at which the employer 462 has made a general announcement that such facility will close; 463 (C) Was self-employed, including employment as a farmer, rancher 464 or fisherman, but is unemployed as a result of general economic 465 conditions in the community in which the individual resides or because 466 of natural disasters; or 467 (D) Is a displaced homemaker; 468 (2) "Displaced homemaker" means an individual who has been 469 providing unpaid services to family members in the home and who (A) 470 has been dependent on the income of another family member, but is no 471 longer supported by that income; and (B) is unemployed or 472 underemployed and is experiencing difficulty in obtaining or 473 upgrading employment; 474 (3) "Economic development financial assistance" means any grant, 475 loan or loan guarantee, or combination thereof, or any tax credits 476 approved pursuant to chapter 578 of the general statutes, provided to a 477 business for the purpose of economic development; 478 (4) "Low-income individual" means an individual whose family 479 income is less than three hundred per cent of the federal poverty level 480 for the prior calendar year; 481 (5) "Nontraditional employment" means occupations or fields of 482 work for which individuals from one gender comprise less than twenty-483 five per cent of the individuals employed in each such occupation or 484 field of work; and 485 (6) "Veteran" means any person who is a member of, was honorably 486 discharged from or released under honorable conditions from active 487 service in the armed forces, as defined in section 27-103 of the general 488 statutes. 489 Substitute Bill No. 6440 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06440- R01-HB.docx } 17 of 17 (b) Notwithstanding any provision of the general statutes, the 490 Commissioner of Economic and Community Development shall give 491 priority to applicants for economic development financial assistance 492 who demonstrate a willingness, as determined by the commissioner, to 493 make jobs available to unemployed individuals, low -income 494 individuals, dislocated workers, individuals training for nontraditional 495 employment, veterans and individuals with disabilities to the extent 496 consistent with any state or regional economic development strategy. 497 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021, and applicable to taxable years commencing on or after January 1, 2022 New section Sec. 2 July 1, 2021, and applicable to taxable years commencing on or after January 1, 2022 New section Sec. 3 July 1, 2021, and applicable to taxable years commencing on or after January 1, 2022 12-211a(b) Sec. 4 July 1, 2021, and applicable to taxable years commencing on or after January 1, 2022 12-217zz(b) Sec. 5 July 1, 2021, and applicable to income years beginning on or after January 1, 2022 12-217aa Sec. 6 July 1, 2021 New section CE Joint Favorable Subst.