Connecticut 2021 Regular Session

Connecticut House Bill HB06658 Compare Versions

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55 LCO No. 5638 1 of 64
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77 General Assembly Raised Bill No. 6658
88 January Session, 2021
99 LCO No. 5638
1010
1111
1212 Referred to Committee on FINANCE, REVENUE AND
1313 BONDING
1414
1515
1616 Introduced by:
1717 (FIN)
1818
1919
2020
2121
2222 AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS'
2323 RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO
2424 THE TAX AND RELATED STATUTES.
2525 Be it enacted by the Senate and House of Representatives in General
2626 Assembly convened:
2727
2828 Section 1. Subsection (a) of section 12-35 of the general statutes is 1
2929 repealed and the following is substituted in lieu thereof (Effective October 2
3030 1, 2021): 3
3131 (a) (1) Wherever used in this chapter, unless otherwise provided, 4
3232 "state collection agency" includes the Treasurer, the Commissioner of 5
3333 Revenue Services and any other state official, board or commission 6
3434 authorized by law to collect taxes payable to the state and any duly 7
3535 appointed deputy of any such official, board or commission; "tax" 8
3636 includes not only the principal of any tax but also all interest, penalties, 9
3737 fees and other charges added thereto by law; and "serving officer" 10
3838 includes any state marshal, constable or employee of such state 11
3939 collection agency designated for such purpose by a state collection 12
4040 agency and any person so designated by the Labor Commissioner. 13 Raised Bill No. 6658
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4444 LCO No. 5638 2 of 64
4545
4646 (2) Upon the failure of any person to pay any tax, except any tax 14
4747 under chapter 216, due the state within thirty days from its due date, the 15
4848 state collection agency charged by law with its collection shall add 16
4949 thereto such penalty or interest or both as are prescribed by law, 17
5050 provided, (A) if any statutory penalty is not specified, there may be 18
5151 added a penalty in the amount of ten per cent of the whole or such part 19
5252 of the principal of the tax as is unpaid or fifty dollars, whichever amount 20
5353 is greater, and [provided,] (B) if any statutory interest is not specified, 21
5454 there shall be added interest at the rate of one per cent of the whole or 22
5555 such part of the principal of the tax as is unpaid for each month or 23
5656 fraction thereof, from the due date of such tax to the date of payment. 24
5757 (3) Upon the failure of any person to pay any tax, except any tax 25
5858 under chapter 216, due within thirty days of its due date, the state 26
5959 collection agency charged by law with the collection of such tax may 27
6060 make out and sign a warrant directed to any serving officer for distraint 28
6161 upon any property of such person found within the state, whether real 29
6262 or personal. An itemized bill shall be attached thereto, certified by the 30
6363 state collection agency issuing such warrant as a true statement of the 31
6464 amount due from such person. 32
6565 (A) Such warrant shall have the same force and effect as an execution 33
6666 issued pursuant to chapter 906. Such warrant may be levied on any real 34
6767 property or tangible or intangible personal property of such person, and 35
6868 sale made pursuant to such warrant in the same manner and with the 36
6969 same force and effect as a levy of sale pursuant to an execution. In 37
7070 addition thereto, if such warrant has been issued by the Commissioner 38
7171 of Revenue Services, [his] the commissioner's deputy, the Labor 39
7272 Commissioner, the executive director of the Employment Security 40
7373 Division or any person in the Employment Security Division in a 41
7474 position equivalent to or higher than the position presently held by a 42
7575 revenue examiner four, said serving officer shall be authorized to place 43
7676 a keeper in any place of business and it shall be such keeper's duty to 44
7777 secure the income of such business for the state and, when it is in the 45
7878 best interest of the state, to force cessation of such business operation. In 46
7979 addition, the Attorney General may collect any such tax by civil action. 47 Raised Bill No. 6658
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8383 LCO No. 5638 3 of 64
8484
8585 Each serving officer so receiving a warrant shall make a return with 48
8686 respect to such warrant to the appropriate collection agency within a 49
8787 period of ten days following receipt of such warrant. 50
8888 (B) Each serving officer shall collect from such person, in addition to 51
8989 the amount shown on such warrant, [his] such officer's fees and charges, 52
9090 which shall be twice those authorized by statute for serving officers, 53
9191 provided the minimum charge shall be five dollars and money collected 54
9292 pursuant to such warrant shall be first applied to the amount of any fees 55
9393 and charges of the serving officer. In the case of an employee of the state 56
9494 acting as a serving officer the fees and charges collected by such 57
9595 employee shall inure to the benefit of the state. 58
9696 (4) For the purposes of this section, "keeper" means a person who has 59
9797 been given authority by an officer authorized to serve a tax warrant to 60
9898 act in the state's interest to secure the income of a business for the state 61
9999 and, when it is in the best interest of the state, to force the cessation of 62
100100 such business's operation, upon the failure of such business to pay taxes 63
101101 owed to the state. 64
102102 Sec. 2. Section 12-40 of the general statutes is repealed and the 65
103103 following is substituted in lieu thereof (Effective October 1, 2021): 66
104104 The assessors in each town, except as otherwise specially provided 67
105105 by law, shall, on or before the fifteenth day of October annually, post on 68
106106 the signposts therein, if any, or at some other exterior place near the 69
107107 office of the town clerk, or publish in a newspaper published in such 70
108108 town or, if no newspaper is published in such town, then in any 71
109109 newspaper published in the state having a general circulation in such 72
110110 town, a notice requiring all persons therein liable to pay taxes to bring 73
111111 in a declaration of the taxable personal property belonging to them on 74
112112 the first day of October in that year in accordance with section [12-42] 75
113113 12-41 and the taxable personal property for which a declaration is 76
114114 required in accordance with section 12-43, as amended by this act. 77
115115 Sec. 3. Section 12-43 of the general statutes is repealed and the 78
116116 following is substituted in lieu thereof (Effective October 1, 2021): 79 Raised Bill No. 6658
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118118
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121121
122122 (a) Each owner of tangible personal property located in any town for 80
123123 three months or more during the assessment year immediately 81
124124 preceding any assessment day, who is a nonresident of such town, shall 82
125125 file a declaration of such personal property with the assessors of the 83
126126 town in which the same is located on such assessment day, if located in 84
127127 such town for three months or more in such year, otherwise, in the town 85
128128 in which such property is located for the three months or more in such 86
129129 year nearest to such assessment day, under the same provisions as apply 87
130130 to residents, and such personal property shall not be liable to taxation 88
131131 in any other town in this state. The declaration of each nonresident 89
132132 taxpayer shall contain the nonresident's post-office and street address. 90
133133 (b) At least thirty days before the expiration of the time for filing such 91
134134 declaration, the assessors shall mail blank declaration forms to each 92
135135 nonresident, or to such nonresident's attorney or agent having custody 93
136136 of the nonresident's taxable property, or send such forms electronically 94
137137 to such nonresident's electronic mail address or the electronic mail 95
138138 address of such nonresident's attorney or agent, provided such 96
139139 nonresident has requested, in writing, to receive such forms 97
140140 electronically. If the identity or mailing address of a nonresident 98
141141 taxpayer is not discovered until after the expiration of time for filing a 99
142142 declaration, the assessor shall, not later than ten days after determining 100
143143 the identity or mailing address, mail a declaration form to the 101
144144 nonresident taxpayer. [Said] Such taxpayer shall file the declaration not 102
145145 later than fifteen days after the date such declaration form is sent. Each 103
146146 nonresident taxpayer who fails to file a declaration in accordance with 104
147147 the provisions of this section shall be subject to the penalty provided in 105
148148 subsection (e) of section 12-41. 106
149149 (c) As used in this section, "nonresident" means a person who does 107
150150 not reside in the town in which such person's tangible personal property 108
151151 is located on the assessment day, or a company, corporation, limited 109
152152 liability company, partnership or any other type of business enterprise 110
153153 that does not have an established place for conducting business in such 111
154154 town on the assessment day. 112 Raised Bill No. 6658
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158158 LCO No. 5638 5 of 64
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160160 Sec. 4. Section 12-44 of the general statutes is repealed and the 113
161161 following is substituted in lieu thereof (Effective October 1, 2021): 114
162162 Twenty-five per cent of the amount of the valuation of any property 115
163163 taxable by any city, borough, school district, fire district or other 116
164164 municipal association which bases its grand list upon that of the town 117
165165 in which it is situated shall be added to such amount on the assessment 118
166166 list of such municipal association in each case in which twenty-five per 119
167167 cent has been added to such amount by such town for the failure to file 120
168168 a list as prescribed by section [12-42] 12-41 or 12-43, as amended by this 121
169169 act; but such penalty shall not be in addition to that previously imposed 122
170170 in the town assessment. 123
171171 Sec. 5. Section 12-54 of the general statutes is repealed and the 124
172172 following is substituted in lieu thereof (Effective October 1, 2021): 125
173173 Each person liable to give in a declaration of such person's taxable 126
174174 tangible personal property and failing to do so may, within sixty days 127
175175 after the expiration of the time fixed by law for filing such declaration, 128
176176 be notified in writing by the [assessors] assessor or a majority of [them] 129
177177 the board of assessors to appear before them to be examined under oath 130
178178 as to such person's property liable to taxation and for the purpose of 131
179179 verifying a declaration made out by them under the provisions of 132
180180 section [12-42] 12-41. Any person who wilfully neglects or refuses to 133
181181 appear before the assessors and make oath as to such person's taxable 134
182182 property within ten days after having been so notified or who, having 135
183183 appeared, refuses to answer shall be fined not more than one thousand 136
184184 dollars. The assessors shall promptly notify the proper prosecuting 137
185185 officers of any violation of any provision of this section. Nothing in this 138
186186 section shall be construed to preclude the assessor from performing an 139
187187 audit of such person's taxable personal property, as provided in section 140
188188 12-53. 141
189189 Sec. 6. Subsection (b) of section 12-57a of the general statutes is 142
190190 repealed and the following is substituted in lieu thereof (Effective October 143
191191 1, 2021): 144 Raised Bill No. 6658
192192
193193
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195195 LCO No. 5638 6 of 64
196196
197197 (b) Whenever any such lessee of personal property fails to file the 145
198198 information required in this section, it shall be assumed that any such 146
199199 property in the lessee's possession is owned by the lessee, who shall be 147
200200 subject to the penalty as provided in section [12-42] 12-41 in the same 148
201201 manner as any owner of personal property who fails to file a personal 149
202202 property declaration as required. 150
203203 Sec. 7. Subsection (a) of section 12-111 of the general statutes is 151
204204 repealed and the following is substituted in lieu thereof (Effective October 152
205205 1, 2021): 153
206206 (a) (1) Any person, including any lessee of real property whose lease 154
207207 has been recorded as provided in section 47-19 and who is bound under 155
208208 the terms of a lease to pay real property taxes and any person to whom 156
209209 title to such property has been transferred since the assessment date, 157
210210 claiming to be aggrieved by the doings of the assessors of such town 158
211211 may appeal therefrom to the board of assessment appeals. Such appeal 159
212212 shall be filed, in writing, on or before February twentieth. The written 160
213213 appeal shall include, but is not limited to, the property owner's name, 161
214214 name and position of the signer, description of the property which is the 162
215215 subject of the appeal, name and mailing address of the party to be sent 163
216216 all correspondence by the board of assessment appeals, reason for the 164
217217 appeal, appellant's estimate of value, signature of property owner, or 165
218218 duly authorized agent of the property owner, and date of signature. 166
219219 (2) The board shall notify each aggrieved taxpayer who filed a written 167
220220 appeal in the proper form and in a timely manner, no later than March 168
221221 first immediately following the assessment date, of the date, time and 169
222222 place of the appeal hearing. Such notice shall be sent no later than seven 170
223223 calendar days preceding the hearing date except that the board may 171
224224 elect not to conduct an appeal hearing for any commercial, industrial, 172
225225 utility or apartment property with an assessed value greater than one 173
226226 million dollars. The board shall, not later than March first, notify the 174
227227 appellant that the board has elected not to conduct an appeal hearing. 175
228228 An appellant whose appeal will not be heard by the board may appeal 176
229229 directly to the Superior Court pursuant to section 12-117a. 177 Raised Bill No. 6658
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233233 LCO No. 5638 7 of 64
234234
235235 (3) The board shall determine all appeals for which the board 178
236236 conducts an appeal hearing and send written notification of the final 179
237237 determination of such appeals to each such person within one week 180
238238 after such determination has been made. Such written notification shall 181
239239 include information describing the property owner's right to appeal the 182
240240 determination of such board. Such board may equalize and adjust the 183
241241 grand list of such town and may increase or decrease the assessment of 184
242242 any taxable property or interest therein and may add an assessment for 185
243243 property omitted by the assessors which should be added thereto; and 186
244244 may add to the grand list the name of any person omitted by the 187
245245 assessors and owning taxable property in such town, placing therein all 188
246246 property liable to taxation which it has reason to believe is owned by 189
247247 such person, at the percentage of its actual valuation, as determined by 190
248248 the assessors in accordance with the provisions of sections 12-64 and 12-191
249249 71, from the best information that it can obtain. [, and if] If such property 192
250250 should have been included in the declaration, as required by section [12-193
251251 42] 12-41 or 12-43, as amended by this act, [it] the board shall add thereto 194
252252 twenty-five per cent of such assessment; but, before proceeding to 195
253253 increase the assessment of any person or to add to the grand list the 196
254254 name of any person so omitted, [it] the board shall mail to such person, 197
255255 postage paid, at least one week before making such increase or addition, 198
256256 a written or printed notice addressed to such person at the town in 199
257257 which such person resides, to appear before such board and show cause 200
258258 why such increase or addition should not be made. 201
259259 (4) When the board increases or decreases the gross assessment of any 202
260260 taxable real property or interest therein, the amount of such gross 203
261261 assessment shall be fixed until the assessment year in which the 204
262262 municipality next implements a revaluation of all real property 205
263263 pursuant to section 12-62, unless the assessor increases or decreases the 206
264264 gross assessment of the property to [(1)] (A) comply with an order of a 207
265265 court of jurisdiction, [(2)] (B) reflect an addition for new construction, 208
266266 [(3)] (C) reflect a reduction for damage or demolition, or [(4)] (D) correct 209
267267 a factual error by issuance of a certificate of correction. Notwithstanding 210
268268 the provisions of this subsection, if, prior to the next revaluation, the 211 Raised Bill No. 6658
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274274 assessor increases or decreases a gross assessment established by the 212
275275 board for any other reason, the assessor shall submit a written 213
276276 explanation to the board setting forth the reason for such increase or 214
277277 decrease. The assessor shall also append the written explanation to the 215
278278 property card for the real estate parcel whose gross assessment was 216
279279 increased or decreased. 217
280280 Sec. 8. Subdivision (4) of section 12-120a of the general statutes is 218
281281 repealed and the following is substituted in lieu thereof (Effective October 219
282282 1, 2021): 220
283283 (4) (A) For purposes of taxable registered motor vehicles, such report 221
284284 shall include the total number of motor vehicles and the total assessed 222
285285 value of such motor vehicles for each of the following classifications 223
286286 related to use: (i) Passenger, (ii) commercial, (iii) combination, (iv) farm, 224
287287 and (v) any other classification; (B) for purposes of taxable vehicles 225
288288 which are not registered and mobile manufactured homes, such report 226
289289 shall include the total number of such vehicles and mobile 227
290290 manufactured homes and the total assessed value for each such 228
291291 category; (C) for purposes of all other taxable personal property, such 229
292292 report shall include the total value of each category of such property as 230
293293 contained in the tax list required pursuant to sections [12-42] 12-41 and 231
294294 12-43, as amended by this act. 232
295295 Sec. 9. Subsection (a) of section 12-121f of the general statutes is 233
296296 repealed and the following is substituted in lieu thereof (Effective October 234
297297 1, 2021): 235
298298 (a) An assessment list in any town, city or borough is not invalid as 236
299299 to the taxpayers of the taxing district as a whole because the assessor 237
300300 committed any one or more of the errors or omissions listed in 238
301301 subdivisions (1) to (15), inclusive, of this subsection unless an action 239
302302 contesting the validity of the assessment list is brought within four 240
303303 months after the assessment date and the plaintiff establishes that the 241
304304 assessor's error or omission will produce a substantial injustice to the 242
305305 taxpayers as a whole: 243 Raised Bill No. 6658
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309309 LCO No. 5638 9 of 64
310310
311311 (1) The assessor failed to give the legal notice required by section 12-244
312312 40, as amended by this act, that all persons liable to pay taxes in the 245
313313 taxing district must, when required by law, bring in written or printed 246
314314 lists of the taxable property belonging to them; 247
315315 (2) The assessor received a list that is either not sworn to or not signed 248
316316 by the person giving that list as required by section 12-49; 249
317317 (3) The assessor received a list after the deadline specified by section 250
318318 [12-42] 12-41 but neglected to fill out a list of the property described and 251
319319 add to the assessment the penalty set by said section [12-42] for failing 252
320320 to file before the deadline; 253
321321 (4) The assessor failed to give the notice required by subsection (c) of 254
322322 section 12-53 after adding property to the list of any person or 255
323323 corporation making a sworn list; 256
324324 (5) The assessor failed to give the notice required by subsection (c) of 257
325325 section 12-53 after making out a list for a person or corporation that was 258
326326 liable to pay taxes and failed to give a required list; 259
327327 (6) The assessor failed to assess and set house lots separately in lists 260
328328 as land as required by section [12-42] 12-63; 261
329329 (7) The assessor failed to sign any assessment list, or did not sign the 262
330330 assessment list of a town, city or borough collectively but signed the 263
331331 assessment list individually for districts in the town, city or borough; 264
332332 (8) The assessor failed, as required by subsection (a) of section 12-55, 265
333333 to arrange an assessment list in alphabetical order, or to lodge the list in 266
334334 the required office on or before the day designated by law, or at all; 267
335335 (9) The assessor decreased valuations after the day on which the 268
336336 assessment list was lodged or was required by law to be lodged in the 269
337337 required office, but before the date on which the abstract of such list was 270
338338 transmitted or was required to be transmitted to the Secretary of the 271
339339 Office of Policy and Management; 272 Raised Bill No. 6658
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344344
345345 (10) The assessor failed, as required by section 12-42, to fill out a list 273
346346 for any person or corporation that failed to return a required list; 274
347347 (11) The assessor incorrectly made an assessment list abstract 275
348348 required by subsection (a) of section 12-55; 276
349349 (12) The assessor failed to compare, sign, return, date or make oath to 277
350350 an abstract of an assessment list of his or her town, as required by law, 278
351351 or omitted from an abstract any part of the list of any person; 279
352352 (13) The assessor did not take the oath required by law; 280
353353 (14) The assessor failed to return to a district clerk an assessment list 281
354354 of the district assessment; or 282
355355 (15) The assessor omitted from the assessment list the taxable 283
356356 property of any person or corporation liable to pay taxes. 284
357357 Sec. 10. Section 12-170aa of the general statutes is repealed and the 285
358358 following is substituted in lieu thereof (Effective October 1, 2021): 286
359359 There is established, for the assessment year commencing October 1, 287
360360 1985, and each assessment year thereafter, a revised state program of 288
361361 property tax relief for certain elderly homeowners as determined in 289
362362 accordance with subsection (b) of this section, and additionally for the 290
363363 assessment year commencing October 1, 1986, and each assessment year 291
364364 thereafter, the property tax relief benefits of such program are made 292
365365 available to certain homeowners who are permanently and totally 293
366366 disabled as determined in accordance with said subsection. [(b) of this 294
367367 section.] 295
368368 (b) (1) The program established by this section shall provide for a 296
369369 reduction in property tax, except in the case of benefits payable as a 297
370370 grant under certain circumstances in accordance with provisions in 298
371371 subsection (j) of this section, applicable to the assessed value of certain 299
372372 real property, determined in accordance with subsection (c) of this 300
373373 section, for any (A) owner of real property, including any owner of real 301
374374 property held in trust for such owner, provided such owner or such 302 Raised Bill No. 6658
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378378 LCO No. 5638 11 of 64
379379
380380 owner and such owner's spouse are the grantor and beneficiary of such 303
381381 trust, (B) tenant for life or tenant for a term of years liable for property 304
382382 tax under section 12-48, or (C) resident of a multiple-dwelling complex 305
383383 under certain contractual conditions as provided in [said] subsection (j) 306
384384 of this section, who (i) at the close of the preceding calendar year has 307
385385 attained age sixty-five or over, or whose spouse domiciled with such 308
386386 homeowner, has attained age sixty-five or over at the close of the 309
387387 preceding calendar year, or is fifty years of age or over and the surviving 310
388388 spouse of a homeowner who at the time of [his] such homeowner's 311
389389 death had qualified and was entitled to tax relief under this section, 312
390390 provided such spouse was domiciled with such homeowner at the time 313
391391 of [his] such homeowner's death, or (ii) at the close of the preceding 314
392392 calendar year has not attained age sixty-five and is eligible in accordance 315
393393 with applicable federal regulations to receive permanent total disability 316
394394 benefits under Social Security, or has not been engaged in employment 317
395395 covered by Social Security and accordingly has not qualified for benefits 318
396396 thereunder but who has become qualified for permanent total disability 319
397397 benefits under any federal, state or local government retirement or 320
398398 disability plan, including the Railroad Retirement Act and any 321
399399 government-related teacher's retirement plan, determined by the 322
400400 Secretary of the Office of Policy and Management to contain 323
401401 requirements in respect to qualification for such permanent total 324
402402 disability benefits [which] that are comparable to such requirements 325
403403 under Social Security; and in addition to qualification under clause (i) 326
404404 or (ii) [above] of this subdivision, whose taxable and nontaxable income, 327
405405 the total of which shall hereinafter be called "qualifying income", in the 328
406406 tax year of such homeowner ending immediately preceding the date of 329
407407 application for benefits under the program in this section, was not in 330
408408 excess of sixteen thousand two hundred dollars, if unmarried, or twenty 331
409409 thousand dollars, jointly with spouse if married, subject to adjustments 332
410410 in accordance with subdivision (2) of this subsection, evidence of which 333
411411 income shall be required in the form of a signed affidavit to be submitted 334
412412 to the assessor in the municipality in which application for benefits 335
413413 under this section is filed. The amount of any Medicaid payments made 336
414414 on behalf of such homeowner or the spouse of such homeowner shall 337 Raised Bill No. 6658
415415
416416
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418418 LCO No. 5638 12 of 64
419419
420420 not constitute income. The amount of tax reduction provided under this 338
421421 section, determined in accordance with and subject to the variable 339
422422 factors in the schedule of amounts of tax reduction in subsection (c) of 340
423423 this section, shall be allowed only with respect to a residential dwelling 341
424424 owned by such qualified homeowner and used as such homeowner's 342
425425 primary place of residence. If title to real property or a tenancy interest 343
426426 liable for real property taxes is recorded in the name of such qualified 344
427427 homeowner or his spouse making a claim and qualifying under this 345
428428 section and any other person or persons, the claimant hereunder shall 346
429429 be entitled to pay his fractional share of the tax on such property 347
430430 calculated in accordance with the provisions of this section, and such 348
431431 other person or persons shall pay his or their fractional share of the tax 349
432432 without regard for the provisions of this section, unless also qualified 350
433433 hereunder. For the purposes of this section, a "mobile manufactured 351
434434 home", as defined in section 12-63a, or a dwelling on leased land, 352
435435 including but not limited to a modular home, shall be deemed to be real 353
436436 property and the word "taxes" shall not include special assessments, 354
437437 interest and lien fees. 355
438438 (2) The amounts of qualifying income as provided in this section shall 356
439439 be adjusted annually in a uniform manner to reflect the annual inflation 357
440440 adjustment in Social Security income, with each such adjustment of 358
441441 qualifying income determined to the nearest one hundred dollars. Each 359
442442 such adjustment of qualifying income shall be prepared by the Secretary 360
443443 of the Office of Policy and Management in relation to the annual 361
444444 inflation adjustment in Social Security, if any, becoming effective at any 362
445445 time during the twelve-month period immediately preceding the first 363
446446 day of October each year and the amount of such adjustment shall be 364
447447 distributed to the assessors in each municipality not later than the thirty-365
448448 first day of December next following. 366
449449 (3) For purposes of determining qualifying income under subdivision 367
450450 (1) of this subsection with respect to a married homeowner who submits 368
451451 an application for tax reduction in accordance with this section, the 369
452452 Social Security income of the spouse of such homeowner shall not be 370
453453 included in the qualifying income of such homeowner, for purposes of 371 Raised Bill No. 6658
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458458
459459 determining eligibility for benefits under this section, if such spouse is 372
460460 a resident of a health care or nursing home facility in this state receiving 373
461461 payment related to such spouse under the Title XIX Medicaid program. 374
462462 An applicant who is legally separated pursuant to the provisions of 375
463463 section 46b-40, as of the thirty-first day of December preceding the date 376
464464 on which such person files an application for a grant in accordance with 377
465465 subsection (a) of this section, may apply as an unmarried person and 378
466466 shall be regarded as such for purposes of determining qualifying income 379
467467 under said subsection. 380
468468 (c) The amount of reduction in property tax provided under this 381
469469 section shall, subject to the provisions of subsection (d) of this section, 382
470470 be determined in accordance with the following schedule: 383
471471
472472 T1 Qualifying Income Tax Reduction Tax Reduction
473473 T2 As Percentage For Any Year
474474 T3 Over Not Exceeding Of Property Tax
475475 T4 Married Homeowners Maximum Minimum
476476 T5 $ 0 $11,700 50% $1,250 $400
477477 T6 11,700 15,900 40 1,000 350
478478 T7 15,900 19,700 30 750 250
479479 T8 19,700 23,600 20 500 150
480480 T9 23,600 28,900 10 250 150
481481 T10 28,900 None
482482 T11 Unmarried Homeowners
483483 T12 $ 0 $11,700 40% $1,000 $350
484484 T13 11,700 15,900 30 750 250
485485 T14 15,900 19,700 20 500 150
486486 T15 19,700 23,600 10 250 150
487487 T16 23,600 None
488488
489489 (d) Any homeowner qualified for tax reduction in accordance with 384 Raised Bill No. 6658
490490
491491
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494494
495495 subsection (b) of this section in an amount to be determined under the 385
496496 schedule of such tax reduction in subsection (c) of this section, shall in 386
497497 no event receive less in tax reduction than the minimum amount of such 387
498498 reduction applicable to the qualifying income of such homeowner 388
499499 according to the schedule in said subsection (c). 389
500500 (e) (1) Any claim for tax reduction under this section shall be 390
501501 submitted for approval, on the application form prepared for such 391
502502 purpose by the Secretary of the Office of Policy and Management, in the 392
503503 first year claim for such tax relief is filed and biennially thereafter. The 393
504504 amount of tax reduction approved shall be applied to the real property 394
505505 tax payable by the homeowner for the assessment year in which such 395
506506 application is submitted and approved. If any such homeowner has 396
507507 qualified for tax reduction under this section, the tax reduction 397
508508 determined shall, when possible, be applied and prorated uniformly 398
509509 over the number of installments in which the real property tax is due 399
510510 and payable to the municipality in which [he] such homeowner resides. 400
511511 In the case of any homeowner who is eligible for tax reduction under 401
512512 this section as a result of increases in qualifying income, [effective with 402
513513 respect to the assessment year commencing October 1, 1987,] under the 403
514514 schedule of qualifying income and tax reduction in subsection (c) of this 404
515515 section, exclusive of any such increases related to [social security] Social 405
516516 Security adjustments in accordance with subsection (b) of this section, 406
517517 the total amount of tax reduction to which such homeowner is entitled 407
518518 shall be credited and uniformly prorated against property tax 408
519519 installment payments applicable to such homeowner's residence 409
520520 [which] that become due after such homeowner's application for tax 410
521521 reduction under this section is accepted. In the event that a homeowner 411
522522 has paid in full the amount of property tax applicable to such 412
523523 homeowner's residence, regardless of whether the municipality requires 413
524524 the payment of property taxes in one or more installments, such 414
525525 municipality shall make payment to such homeowner in the amount of 415
526526 the tax reduction allowed. The municipality shall be reimbursed for the 416
527527 amount of such payment in accordance with subsection (g) of this 417
528528 section. 418 Raised Bill No. 6658
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534534 (2) In respect to such application required biennially after the filing 419
535535 and approval for the first year, the tax assessor in each municipality 420
536536 shall notify each such homeowner concerning application requirements 421
537537 by regular mail not later than February first, annually enclosing a copy 422
538538 of the required application form. Such homeowner may submit such 423
539539 application to the assessor by mail, provided it is received by the 424
540540 assessor not later than April fifteenth in the assessment year with 425
541541 respect to which such tax reduction is claimed. Not later than April 426
542542 thirtieth of such year the assessor shall notify, by mail evidenced by a 427
543543 certificate of mailing, any such homeowner for whom such application 428
544544 was not received by said April fifteenth concerning application 429
545545 requirements and such homeowner shall be required not later than May 430
546546 fifteenth to submit such application personally or, for reasonable cause, 431
547547 by a person acting on behalf of such taxpayer as approved by the 432
548548 assessor. In the year immediately following any year in which such 433
549549 homeowner has submitted application and qualified for tax reduction 434
550550 in accordance with this section, such homeowner shall be presumed, 435
551551 without filing application therefor, to be qualified for tax reduction in 436
552552 accordance with the schedule in subsection (c) of this section in the same 437
553553 percentage of property tax as allowed in the year immediately 438
554554 preceding. 439
555555 (3) If any homeowner has qualified and received tax reduction under 440
556556 this section and subsequently in any calendar year has qualifying 441
557557 income in excess of the maximum described in this section, such 442
558558 homeowner shall notify the tax assessor on or before the next filing date 443
559559 and shall be denied tax reduction under this section for the assessment 444
560560 year and any subsequent year or until such homeowner has reapplied 445
561561 and again qualified for benefits under this section. Any such person who 446
562562 fails to so notify the tax assessor of his disqualification shall refund all 447
563563 amounts of tax reduction improperly taken and be fined not more than 448
564564 five hundred dollars. 449
565565 (f) (1) Any homeowner, believing such homeowner is entitled to tax 450
566566 reduction benefits under this section for any assessment year, shall 451
567567 make application as required in subsection (e) of this section, to the 452 Raised Bill No. 6658
568568
569569
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571571 LCO No. 5638 16 of 64
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573573 assessor of the municipality in which the homeowner resides, for such 453
574574 tax reduction at any time from February first to and including May 454
575575 fifteenth of the year in which tax reduction is claimed. A homeowner 455
576576 may make application to the secretary prior to August fifteenth of the 456
577577 claim year for an extension of the application period. The secretary may 457
578578 grant such extension in the case of extenuating circumstance due to 458
579579 illness or incapacitation as evidenced by a certificate signed by a 459
580580 physician or an advanced practice registered nurse to that extent, or if 460
581581 the secretary determines there is good cause for doing so. Such 461
582582 application for tax reduction benefits shall be submitted on a form 462
583583 prescribed and furnished by the secretary to the assessor. In making 463
584584 application the homeowner shall present to such assessor, in 464
585585 substantiation of such homeowner's application, a copy of such 465
586586 homeowner's federal income tax return, including a copy of the Social 466
587587 Security statement of earnings for such homeowner, and that of such 467
588588 homeowner's spouse, if filed separately, for such homeowner's taxable 468
589589 year ending immediately prior to the submission of such application, or 469
590590 if not required to file a return, such other evidence of qualifying income 470
591591 in respect to such taxable year as may be required by the assessor. 471
592592 (2) When the assessor is satisfied that the applying homeowner is 472
593593 entitled to tax reduction in accordance with this section, such assessor 473
594594 shall issue a certificate of credit, in such form as the secretary may 474
595595 prescribe and supply showing the amount of tax reduction allowed. A 475
596596 duplicate of such certificate shall be delivered to the applicant and the 476
597597 tax collector of the municipality and the assessor shall keep the fourth 477
598598 copy of such certificate and a copy of the application. Any homeowner 478
599599 who, for the purpose of obtaining a tax reduction under this section, 479
600600 wilfully fails to disclose all matters related thereto or with intent to 480
601601 defraud makes false statement shall refund all property tax credits 481
602602 improperly taken and shall be fined not more than five hundred dollars. 482
603603 (3) Applications filed under this section shall not be open for public 483
604604 inspection. 484
605605 (g) (1) On or before July first, annually, each municipality shall 485 Raised Bill No. 6658
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609609 LCO No. 5638 17 of 64
610610
611611 submit to the secretary a claim for the tax reductions approved under 486
612612 this section in relation to the assessment list of October first immediately 487
613613 preceding. On or after December [1, 1987] first, annually, any 488
614614 municipality that neglects to transmit to the secretary the claim as 489
615615 required by this section shall forfeit two hundred fifty dollars to the 490
616616 state, except that the secretary may waive such forfeiture in accordance 491
617617 with procedures and standards established by regulations adopted in 492
618618 accordance with chapter 54. 493
619619 (2) Subject to procedures for review and approval of such data 494
620620 pursuant to section 12-120b, said secretary shall, on or before December 495
621621 fifteenth next following, certify to the Comptroller the amount due each 496
622622 municipality as reimbursement for loss of property tax revenue related 497
623623 to the tax reductions allowed under this section, except that the 498
624624 secretary may reduce the amount due as reimbursement under this 499
625625 section by up to one hundred per cent for any municipality that is not 500
626626 eligible for a grant under section 32-9s. The Comptroller shall draw an 501
627627 order on the Treasurer on or before the fifth business day following 502
628628 December fifteenth and the Treasurer shall pay the amount due each 503
629629 municipality not later than the thirty-first day of December. 504
630630 (3) Any claimant aggrieved by the results of the secretary's review 505
631631 shall have the rights of appeal as set forth in section 12-120b. The 506
632632 amount of the grant payable to each municipality in any year in 507
633633 accordance with this section shall be reduced proportionately in the 508
634634 event that the total of such grants in such year exceeds the amount 509
635635 appropriated for the purposes of this section with respect to such year. 510
636636 (h) Any person who is the owner of a residential dwelling on leased 511
637637 land, including any such person who is a sublessee under terms of the 512
638638 lease agreement applicable to such land, shall be entitled to claim tax 513
639639 relief under the provisions of this section, subject to all requirements 514
640640 therein except as provided in this [subdivision] subsection, with respect 515
641641 to property taxes paid by such person on the assessed value of such 516
642642 dwelling, provided (1) the dwelling is such person's principal place of 517
643643 residence, (2) such lease or sublease requires that such person as the 518 Raised Bill No. 6658
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646646
647647 LCO No. 5638 18 of 64
648648
649649 lessee or sublessee, whichever is applicable, pay all property taxes 519
650650 related to the dwelling and (3) such lease or sublease is recorded in the 520
651651 land records of the town. 521
652652 (i) (1) If any person with respect to whom a claim for tax reduction in 522
653653 accordance with this section has been approved for any assessment year 523
654654 transfers, assigns, grants or otherwise conveys on or after the first day 524
655655 of October but prior to the first day of August in such assessment year 525
656656 the interest in real property to which such claim for tax credit is related, 526
657657 regardless of whether such transfer, assignment, grant or conveyance is 527
658658 voluntary or involuntary, the amount of such tax credit shall be a pro 528
659659 rata portion of the amount otherwise applicable in such assessment year 529
660660 to be determined by a fraction the numerator of which shall be the 530
661661 number of full months from the first day of October in such assessment 531
662662 year to the date of such conveyance and the denominator of which shall 532
663663 be twelve. If such conveyance occurs in the month of October the 533
664664 grantor shall be disqualified for tax credit in such assessment year. The 534
665665 grantee shall be required within a period not exceeding ten days 535
666666 immediately following the date of such conveyance to notify the 536
667667 assessor thereof, or in the absence of such notice, upon determination 537
668668 by the assessor that such transfer, assignment, grant or conveyance has 538
669669 occurred, the assessor shall [(1)] (A) determine the amount of tax 539
670670 reduction to which the grantor is entitled for such assessment year with 540
671671 respect to the interest in real property conveyed and notify the tax 541
672672 collector of the reduced amount of tax reduction applicable to such 542
673673 interest, and [(2)] (B) notify the Secretary of the Office of Policy and 543
674674 Management on or before the October first immediately following the 544
675675 end of the assessment year in which such conveyance occurs of the 545
676676 reduction in such tax reduction for purposes of a corresponding 546
677677 adjustment in the amount of state payment to the municipality next 547
678678 following as reimbursement for the revenue loss related to such tax 548
679679 reductions. On or after December [1, 1987] first, annually, any 549
680680 municipality [which] that neglects to transmit to the Secretary of the 550
681681 Office of Policy and Management the claim as required by this section 551
682682 shall forfeit two hundred fifty dollars to the state provided the secretary 552 Raised Bill No. 6658
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684684
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686686 LCO No. 5638 19 of 64
687687
688688 may waive such forfeiture in accordance with procedures and standards 553
689689 established by regulations adopted in accordance with chapter 54. 554
690690 (2) Upon receipt of such notice from the assessor, the tax collector 555
691691 shall, if such notice is received after the tax due date in the municipality, 556
692692 within ten days thereafter mail or hand a bill to the grantee stating the 557
693693 additional amount of tax due as determined by the assessor. Such tax 558
694694 shall be due and payable and collectible as other property taxes and 559
695695 subject to the same liens and processes of collection, provided such tax 560
696696 shall be due and payable in an initial or single installment not sooner 561
697697 than thirty days after the date such bill is mailed or handed to the 562
698698 grantee and in equal amounts in any remaining, regular installments as 563
699699 the same are due and payable. 564
700700 (j) (1) Notwithstanding the intent in subsections (a) to (i), inclusive, 565
701701 of this section to provide for benefits in the form of property tax 566
702702 reduction applicable to persons liable for payment of such property tax 567
703703 and qualified in accordance with requirements related to age and 568
704704 income as provided in subsection (b) of this section, a certain annual 569
705705 benefit, determined in amount under the provisions of subsections (c) 570
706706 and (d) of this section but payable in a manner as prescribed in this 571
707707 subsection, shall be provided with respect to any person who (A) is 572
708708 qualified in accordance with said requirements related to age and 573
709709 income as provided in subsection (b) of this section, including 574
710710 provisions concerning such person's spouse, and (B) is a resident of a 575
711711 dwelling unit within a multiple-dwelling complex containing dwelling 576
712712 units for occupancy by certain elderly persons under terms of a contract 577
713713 between such resident and the owner of such complex, in accordance 578
714714 with which contract such resident occupies a certain dwelling unit 579
715715 subject to the express provision that such resident has no legal title, 580
716716 interest or leasehold estate in the real or personal property of such 581
717717 complex, and under the terms of which contract such resident agrees to 582
718718 pay the owner of the complex a fee, as a condition precedent to 583
719719 occupancy and a monthly or other such periodic fee thereafter as a 584
720720 condition of continued occupancy. In no event shall any such resident 585
721721 be qualified for benefits payable in accordance with this subsection if, as 586 Raised Bill No. 6658
722722
723723
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725725 LCO No. 5638 20 of 64
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727727 determined by the assessor in the municipality in which such complex 587
728728 is situated, such resident's contract with the owner of such complex, or 588
729729 occupancy by such resident (i) confers upon such resident any 589
730730 ownership interest in the dwelling unit occupied or in such complex, or 590
731731 (ii) establishes a contract of lease of any type for the dwelling unit 591
732732 occupied by such resident. 592
733733 (2) The amount of annual benefit payable in accordance with this 593
734734 subsection to any such resident, qualified as provided in subdivision (1) 594
735735 of this subsection, shall be determined in relation to an assumed amount 595
736736 of property tax liability applicable to the assessed value for the dwelling 596
737737 unit which such resident occupies, as determined by the assessor in the 597
738738 municipality in which such complex is situated. Annually, not later than 598
739739 the first day of June, the assessor in such municipality, upon receipt of 599
740740 an application for such benefit submitted in accordance with this 600
741741 subsection by any such resident, shall determine, with respect to the 601
742742 assessment list in such municipality for the assessment year 602
743743 commencing October first immediately preceding, the portion of the 603
744744 assessed value of the entire complex, as included in such assessment list, 604
745745 attributable to the dwelling unit occupied by such resident. The 605
746746 assumed property tax liability for purposes of this subsection shall be 606
747747 the product of such assessed value and the mill rate in such municipality 607
748748 as determined for purposes of property tax imposed on said assessment 608
749749 list for the assessment year commencing October first immediately 609
750750 preceding. The amount of benefit to which such resident shall be 610
751751 entitled for such assessment year shall be equivalent to the amount of 611
752752 tax reduction for which such resident would qualify, considering such 612
753753 assumed property tax liability to be the actual property tax applicable 613
754754 to such resident's dwelling unit and such resident as liable for the 614
755755 payment of such tax, in accordance with the schedule of qualifying 615
756756 income and tax reduction as provided in subsection (c) of this section, 616
757757 subject to provisions concerning maximum allowable benefit for any 617
758758 assessment year under subsections (c) and (d) of this section. The 618
759759 amount of benefit as determined for such resident in respect to any 619
760760 assessment year shall be payable by the state as a grant to such resident 620 Raised Bill No. 6658
761761
762762
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764764 LCO No. 5638 21 of 64
765765
766766 equivalent to the amount of property tax reduction to which such 621
767767 resident would be entitled under subsections (a) to (i), inclusive, of this 622
768768 section if such resident were the owner of such dwelling unit and 623
769769 qualified for tax reduction benefits under said subsections (a) to (i), 624
770770 inclusive. 625
771771 (3) Any such resident entitled to a grant as provided in subdivision 626
772772 (2) of this subsection shall be required to submit an application for such 627
773773 grant to the assessor in the municipality in which such resident resides 628
774774 at any time from February first to and including the fifteenth day of May 629
775775 in the year in which such grant is claimed, on a form prescribed and 630
776776 furnished for such purpose by the Secretary of the Office of Policy and 631
777777 Management. Any such resident submitting an application for such 632
778778 grant shall be required to present to the assessor, in substantiation of 633
779779 such application, a copy of such resident's federal income tax return, 634
780780 and if not required to file a federal income tax return, such other 635
781781 evidence of qualifying income, receipts for money received or cancelled 636
782782 checks, or copies thereof, and any other evidence the assessor may 637
783783 require. Not later than the first day of July in such year, the assessor shall 638
784784 submit to the Secretary of the Office of Policy and Management (A) a 639
785785 copy of the application prepared by such resident, together with such 640
786786 resident's federal income tax return, if required to file such a return, and 641
787787 any other information submitted in relation thereto, (B) determinations 642
788788 of the assessor concerning the assessed value of the dwelling unit in 643
789789 such complex occupied by such resident, and (C) the amount of such 644
790790 grant approved by the assessor. Said secretary, upon approving such 645
791791 grant, shall certify the amount thereof and not later than the fifteenth 646
792792 day of September immediately following submit approval for payment 647
793793 of such grant to the State Comptroller. Not later than five business days 648
794794 immediately following receipt of such approval for payment, the State 649
795795 Comptroller shall draw [his or her] an order [upon] on the State 650
796796 Treasurer and the Treasurer shall pay the amount of the grant to such 651
797797 resident not later than the first day of October immediately following. 652
798798 (k) If the Secretary of the Office of Policy and Management makes any 653
799799 adjustments to the grants for tax reductions or assumed amounts of 654 Raised Bill No. 6658
800800
801801
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803803 LCO No. 5638 22 of 64
804804
805805 property tax liability claimed under this section subsequent to the 655
806806 [Comptroller the] State Comptroller's order of payment of [said] such 656
807807 grants in any year, the amount of such adjustment shall be reflected in 657
808808 the next payment the Treasurer shall make to such municipality 658
809809 pursuant to this section. 659
810810 Sec. 11. Subsection (a) of section 12-208 of the general statutes is 660
811811 repealed and the following is substituted in lieu thereof (Effective October 661
812812 1, 2021): 662
813813 (a) Any company subject to any tax or charge under this chapter that 663
814814 is aggrieved by the action of the commissioner or the commissioner's 664
815815 authorized agent in fixing the amount of any tax, penalty, interest or 665
816816 charge provided for by this chapter may apply to the commissioner, in 666
817817 writing, not later than sixty days after the notice of such action is 667
818818 delivered or mailed to the company, for a hearing and a correction of 668
819819 the amount of such tax, penalty, interest or charge, so fixed, setting forth 669
820820 the reasons why such hearing should be granted and the amount in 670
821821 which such tax, penalty, interest or charge should be reduced. The 671
822822 commissioner shall promptly consider each such application and may 672
823823 grant or deny the hearing requested. If the hearing is denied, the 673
824824 applicant shall be notified forthwith. If it is granted, the commissioner 674
825825 shall notify the applicant of the time and place fixed for such hearing. 675
826826 After such hearing the commissioner may make such order in the 676
827827 premises as appears to [him] the commissioner just and lawful and shall 677
828828 furnish a copy of such order to the applicant. The commissioner may, 678
829829 by notice in writing, at any time within three years after the date when 679
830830 any return of any such person has been due, order a hearing on [his 680
831831 own] the commissioner's initiative and require such person or any other 681
832832 individual whom the commissioner believes to be in possession of 682
833833 relevant information concerning such person to appear before the 683
834834 commissioner or the commissioner's authorized agent with any 684
835835 specified books of account, papers or other documents, for examination 685
836836 under oath. 686
837837 Sec. 12. Subsection (b) of section 12-214 of the general statutes is 687 Raised Bill No. 6658
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843843 repealed and the following is substituted in lieu thereof (Effective October 688
844844 1, 2021): 689
845845 [(b) (1) With respect to income years commencing on or after January 690
846846 1, 1989, and prior to January 1, 1992, any company subject to the tax 691
847847 imposed in accordance with subsection (a) of this section shall pay, for 692
848848 each such income year, an additional tax in an amount equal to twenty 693
849849 per cent of the tax calculated under said subsection (a) for such income 694
850850 year, without reduction of the tax so calculated by the amount of any 695
851851 credit against such tax. The additional amount of tax determined under 696
852852 this subsection for any income year shall constitute a part of the tax 697
853853 imposed by the provisions of said subsection (a) and shall become due 698
854854 and be paid, collected and enforced as provided in this chapter. 699
855855 (2) With respect to income years commencing on or after January 1, 700
856856 1992, and prior to January 1, 1993, any company subject to the tax 701
857857 imposed in accordance with subsection (a) of this section shall pay, for 702
858858 each such income year, an additional tax in an amount equal to ten per 703
859859 cent of the tax calculated under said subsection (a) for such income year, 704
860860 without reduction of the tax so calculated by the amount of any credit 705
861861 against such tax. The additional amount of tax determined under this 706
862862 subsection for any income year shall constitute a part of the tax imposed 707
863863 by the provisions of said subsection (a) and shall become due and be 708
864864 paid, collected and enforced as provided in this chapter. 709
865865 (3) With respect to income years commencing on or after January 1, 710
866866 2003, and prior to January 1, 2004, any company subject to the tax 711
867867 imposed in accordance with subsection (a) of this section shall pay, for 712
868868 each such income year, an additional tax in an amount equal to twenty 713
869869 per cent of the tax calculated under said subsection (a) for such income 714
870870 year, without reduction of the tax so calculated by the amount of any 715
871871 credit against such tax. The additional amount of tax determined under 716
872872 this subsection for any income year shall constitute a part of the tax 717
873873 imposed by the provisions of said subsection (a) and shall become due 718
874874 and be paid, collected and enforced as provided in this chapter. 719 Raised Bill No. 6658
875875
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880880 (4) With respect to income years commencing on or after January 1, 720
881881 2004, and prior to January 1, 2005, any company subject to the tax 721
882882 imposed in accordance with subsection (a) of this section shall pay, for 722
883883 each such income year, an additional tax in an amount equal to twenty-723
884884 five per cent of the tax calculated under said subsection (a) for such 724
885885 income year, without reduction of the tax so calculated by the amount 725
886886 of any credit against such tax, except that any company that pays the 726
887887 minimum tax of two hundred fifty dollars under section 12-219 or 12-727
888888 223c for such income year shall not be subject to the additional tax 728
889889 imposed by this subdivision. The additional amount of tax determined 729
890890 under this subdivision for any income year shall constitute a part of the 730
891891 tax imposed by the provisions of said subsection (a) and shall become 731
892892 due and be paid, collected and enforced as provided in this chapter.] 732
893893 [(5)] (b) (1) With respect to income years commencing on or after 733
894894 January 1, 2006, and prior to January 1, 2007, any company subject to the 734
895895 tax imposed in accordance with subsection (a) of this section shall pay, 735
896896 except when the tax so calculated is equal to two hundred fifty dollars, 736
897897 for each such income year, an additional tax in an amount equal to 737
898898 twenty per cent of the tax calculated under said subsection (a) for such 738
899899 income year, without reduction of the tax so calculated by the amount 739
900900 of any credit against such tax. The additional amount of tax determined 740
901901 under this subsection for any income year shall constitute a part of the 741
902902 tax imposed by the provisions of said subsection (a) and shall become 742
903903 due and be paid, collected and enforced as provided in this chapter. 743
904904 [(6)] (2) (A) With respect to income years commencing on or after 744
905905 January 1, 2009, and prior to January 1, 2012, any company subject to the 745
906906 tax imposed in accordance with subsection (a) of this section shall pay, 746
907907 for each such income year, except when the tax so calculated is equal to 747
908908 two hundred fifty dollars, an additional tax in an amount equal to ten 748
909909 per cent of the tax calculated under said subsection (a) for such income 749
910910 year, without reduction of the tax so calculated by the amount of any 750
911911 credit against such tax. The additional amount of tax determined under 751
912912 this subsection for any income year shall constitute a part of the tax 752
913913 imposed by the provisions of said subsection (a) and shall become due 753 Raised Bill No. 6658
914914
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919919 and be paid, collected and enforced as provided in this chapter. 754
920920 (B) Any company whose gross income for the income year was less 755
921921 than one hundred million dollars shall not be subject to the additional 756
922922 tax imposed under subparagraph (A) of this subdivision. This exception 757
923923 shall not apply to companies filing a combined return for the income 758
924924 year under section 12-223a or a unitary return under subsection (d) of 759
925925 section 12-218d. 760
926926 [(7)] (3) (A) With respect to income years commencing on or after 761
927927 January 1, 2012, and prior to January 1, 2018, any company subject to the 762
928928 tax imposed in accordance with subsection (a) of this section shall pay, 763
929929 for each such income year, except when the tax so calculated is equal to 764
930930 two hundred fifty dollars, an additional tax in an amount equal to 765
931931 twenty per cent of the tax calculated under said subsection (a) for such 766
932932 income year, without reduction of the tax so calculated by the amount 767
933933 of any credit against such tax. The additional amount of tax determined 768
934934 under this subsection for any income year shall constitute a part of the 769
935935 tax imposed by the provisions of said subsection (a) and shall become 770
936936 due and be paid, collected and enforced as provided in this chapter. 771
937937 (B) Any company whose gross income for the income year was less 772
938938 than one hundred million dollars shall not be subject to the additional 773
939939 tax imposed under subparagraph (A) of this subdivision. With respect 774
940940 to income years commencing on or after January 1, 2012, and prior to 775
941941 January 1, 2016, this exception shall not apply to companies filing a 776
942942 combined return for the income year under section 12-223a or a unitary 777
943943 return under subsection (d) of section 12-218d. With respect to income 778
944944 years commencing on or after January 1, 2016, and prior to January 1, 779
945945 2018, this exception shall not apply to taxable members of a combined 780
946946 group that files a combined unitary tax return. 781
947947 [(8)] (4) (A) With respect to income years commencing on or after 782
948948 January 1, 2018, and prior to January 1, 2021, any company subject to the 783
949949 tax imposed in accordance with subsection (a) of this section shall pay, 784
950950 for such income year, except when the tax so calculated is equal to two 785 Raised Bill No. 6658
951951
952952
953953
954954 LCO No. 5638 26 of 64
955955
956956 hundred fifty dollars, an additional tax in an amount equal to ten per 786
957957 cent of the tax calculated under said subsection (a) for such income year, 787
958958 without reduction of the tax so calculated by the amount of any credit 788
959959 against such tax. The additional amount of tax determined under this 789
960960 subsection for any income year shall constitute a part of the tax imposed 790
961961 by the provisions of said subsection (a) and shall become due and be 791
962962 paid, collected and enforced as provided in this chapter. 792
963963 (B) Any company whose gross income for the income year was less 793
964964 than one hundred million dollars shall not be subject to the additional 794
965965 tax imposed under subparagraph (A) of this subdivision. This exception 795
966966 shall not apply to taxable members of a combined group that files a 796
967967 combined unitary tax return. 797
968968 Sec. 13. Subsection (b) of section 12-219 of the general statutes is 798
969969 repealed and the following is substituted in lieu thereof (Effective October 799
970970 1, 2021): 800
971971 [(b) (1) With respect to income years commencing on or after January 801
972972 1, 1989, and prior to January 1, 1992, the additional tax imposed on any 802
973973 company and calculated in accordance with subsection (a) of this section 803
974974 shall, for each such income year, except when the tax so calculated is 804
975975 equal to two hundred fifty dollars, be increased by adding thereto an 805
976976 amount equal to twenty per cent of the additional tax so calculated for 806
977977 such income year, without reduction of the additional tax so calculated 807
978978 by the amount of any credit against such tax. The increased amount of 808
979979 tax payable by any company under this section, as determined in 809
980980 accordance with this subsection, shall become due and be paid, collected 810
981981 and enforced as provided in this chapter. 811
982982 (2) With respect to income years commencing on or after January 1, 812
983983 1992, and prior to January 1, 1993, the additional tax imposed on any 813
984984 company and calculated in accordance with subsection (a) of this section 814
985985 shall, for each such income year, except when the tax so calculated is 815
986986 equal to two hundred fifty dollars, be increased by adding thereto an 816
987987 amount equal to ten per cent of the additional tax so calculated for such 817 Raised Bill No. 6658
988988
989989
990990
991991 LCO No. 5638 27 of 64
992992
993993 income year, without reduction of the tax so calculated by the amount 818
994994 of any credit against such tax. The increased amount of tax payable by 819
995995 any company under this section, as determined in accordance with this 820
996996 subsection, shall become due and be paid, collected and enforced as 821
997997 provided in this chapter. 822
998998 (3) With respect to income years commencing on or after January 1, 823
999999 2003, and prior to January 1, 2004, the additional tax imposed on any 824
10001000 company and calculated in accordance with subsection (a) of this section 825
10011001 shall, for each such income year, be increased by adding thereto an 826
10021002 amount equal to twenty per cent of the additional tax so calculated for 827
10031003 such income year, without reduction of the tax so calculated by the 828
10041004 amount of any credit against such tax. The increased amount of tax 829
10051005 payable by any company under this section, as determined in 830
10061006 accordance with this subsection, shall become due and be paid, collected 831
10071007 and enforced as provided in this chapter. 832
10081008 (4) With respect to income years commencing on or after January 1, 833
10091009 2004, and prior to January 1, 2005, the additional tax imposed on any 834
10101010 company and calculated in accordance with subsection (a) of this section 835
10111011 shall, for each such income year, be increased by adding thereto an 836
10121012 amount equal to twenty-five per cent of the additional tax so calculated 837
10131013 for such income year, without reduction of the tax so calculated by the 838
10141014 amount of any credit against such tax, except that any company that 839
10151015 pays the minimum tax of two hundred fifty dollars under this section or 840
10161016 section 12-223c for such income year shall not be subject to such 841
10171017 additional tax. The increased amount of tax payable by any company 842
10181018 under this subdivision, as determined in accordance with this 843
10191019 subsection, shall become due and be paid, collected and enforced as 844
10201020 provided in this chapter.] 845
10211021 [(5)] (b) (1) With respect to income years commencing on or after 846
10221022 January 1, 2006, and prior to January 1, 2007, the additional tax imposed 847
10231023 on any company and calculated in accordance with subsection (a) of this 848
10241024 section shall, for each such income year, except when the tax so 849
10251025 calculated is equal to two hundred fifty dollars, be increased by adding 850 Raised Bill No. 6658
10261026
10271027
10281028
10291029 LCO No. 5638 28 of 64
10301030
10311031 thereto an amount equal to twenty per cent of the additional tax so 851
10321032 calculated for such income year, without reduction of the tax so 852
10331033 calculated by the amount of any credit against such tax. The increased 853
10341034 amount of tax payable by any company under this section, as 854
10351035 determined in accordance with this subsection, shall become due and be 855
10361036 paid, collected and enforced as provided in this chapter. 856
10371037 [(6)] (2) (A) With respect to income years commencing on or after 857
10381038 January 1, 2009, and prior to January 1, 2012, the additional tax imposed 858
10391039 on any company and calculated in accordance with subsection (a) of this 859
10401040 section shall, for each such income year, except when the tax so 860
10411041 calculated is equal to two hundred fifty dollars, be increased by adding 861
10421042 thereto an amount equal to ten per cent of the additional tax so 862
10431043 calculated for such income year, without reduction of the tax so 863
10441044 calculated by the amount of any credit against such tax. The increased 864
10451045 amount of tax payable by any company under this section, as 865
10461046 determined in accordance with this subsection, shall become due and be 866
10471047 paid, collected and enforced as provided in this chapter. 867
10481048 (B) Any company whose gross income for the income year was less 868
10491049 than one hundred million dollars shall not be subject to the additional 869
10501050 tax imposed under subparagraph (A) of this subdivision. This exception 870
10511051 shall not apply to companies filing a combined return for the income 871
10521052 year under section 12-223a or a unitary return under subsection (d) of 872
10531053 section 12-218d. 873
10541054 [(7)] (3) (A) With respect to income years commencing on or after 874
10551055 January 1, 2012, and prior to January 1, 2018, the additional tax imposed 875
10561056 on any company and calculated in accordance with subsection (a) of this 876
10571057 section shall, for each such income year, except when the tax so 877
10581058 calculated is equal to two hundred fifty dollars, be increased by adding 878
10591059 thereto an amount equal to twenty per cent of the additional tax so 879
10601060 calculated for such income year, without reduction of the tax so 880
10611061 calculated by the amount of any credit against such tax. The increased 881
10621062 amount of tax payable by any company under this section, as 882
10631063 determined in accordance with this subsection, shall become due and be 883 Raised Bill No. 6658
10641064
10651065
10661066
10671067 LCO No. 5638 29 of 64
10681068
10691069 paid, collected and enforced as provided in this chapter. 884
10701070 (B) Any company whose gross income for the income year was less 885
10711071 than one hundred million dollars shall not be subject to the additional 886
10721072 tax imposed under subparagraph (A) of this subdivision. With respect 887
10731073 to income years commencing on or after January 1, 2012, and prior to 888
10741074 January 1, 2016, this exception shall not apply to companies filing a 889
10751075 combined return for the income year under section 12-223a or a unitary 890
10761076 return under subsection (d) of section 12-218d. With respect to income 891
10771077 years commencing on or after January 1, 2016, and prior to January 1, 892
10781078 2018, this exception shall not apply to taxable members of a combined 893
10791079 group that files a combined unitary tax return. 894
10801080 [(8)] (4) (A) With respect to income years commencing on or after 895
10811081 January 1, 2018, and prior to January 1, 2021, the additional tax imposed 896
10821082 on any company and calculated in accordance with subsection (a) of this 897
10831083 section shall, for such income year, except when the tax so calculated is 898
10841084 equal to two hundred fifty dollars, be increased by adding thereto an 899
10851085 amount equal to ten per cent of the additional tax so calculated for such 900
10861086 income year, without reduction of the tax so calculated by the amount 901
10871087 of any credit against such tax. The increased amount of tax payable by 902
10881088 any company under this section, as determined in accordance with this 903
10891089 subsection, shall become due and be paid, collected and enforced as 904
10901090 provided in this chapter. 905
10911091 (B) Any company whose gross income for the income year was less 906
10921092 than one hundred million dollars shall not be subject to the additional 907
10931093 tax imposed under subparagraph (A) of this subdivision. This exception 908
10941094 shall not apply to taxable members of a combined group that files a 909
10951095 combined unitary tax return. 910
10961096 Sec. 14. Subdivision (3) of subsection (a) of section 12-217 of the 911
10971097 general statutes is repealed and the following is substituted in lieu 912
10981098 thereof (Effective October 1, 2021): 913
10991099 (3) Notwithstanding any provision of this section to the contrary, no 914
11001100 dividend received from a real estate investment trust shall be deductible 915 Raised Bill No. 6658
11011101
11021102
11031103
11041104 LCO No. 5638 30 of 64
11051105
11061106 under this section by the recipient unless the dividend is: (A) Deductible 916
11071107 under Section 243 of the Internal Revenue Code; (B) received by a 917
11081108 qualified dividend recipient from a qualified real estate investment trust 918
11091109 and, as of the last day of the period for which such dividend is paid, 919
11101110 persons, not including the qualified dividend recipient or any person 920
11111111 that is either a related person to, or an employee or director of, the 921
11121112 qualified dividend recipient, have outstanding cash capital 922
11131113 contributions to the qualified real estate investment trust that, in the 923
11141114 aggregate, exceed five per cent of the fair market value of the aggregate 924
11151115 real estate assets, valued as of the last day of the period for which such 925
11161116 dividend is paid, then held by the qualified real estate investment trust; 926
11171117 or (C) received from a captive real estate investment trust that is subject 927
11181118 to the tax imposed under this chapter. For purposes of this section, [a] 928
11191119 "related person" [is as defined in subdivision (7) of subsection (a) of 929
11201120 section 12-217m] has the same meaning as provided in section 12-217ii, 930
11211121 "real estate assets" [is as defined] has the same meaning as provided in 931
11221122 Section 856 of the Internal Revenue Code, [a] "qualified dividend 932
11231123 recipient" means a dividend recipient who has invested in a qualified 933
11241124 real estate investment trust prior to April 1, 1997, and [a] "qualified real 934
11251125 estate investment trust" means an entity that both was incorporated and 935
11261126 had contributed to it a minimum of five hundred million dollars' worth 936
11271127 of real estate assets prior to April 1, 1997, and that elects to be a real 937
11281128 estate investment trust under Section 856 of the Internal Revenue Code 938
11291129 prior to April 1, 1998. 939
11301130 Sec. 15. Subsection (a) of section 12-217zz of the general statutes is 940
11311131 repealed and the following is substituted in lieu thereof (Effective October 941
11321132 1, 2021): 942
11331133 (a) [Notwithstanding any other provision of law, and except] Except 943
11341134 as otherwise provided in subsection (b) of this section and sections 12-944
11351135 217aaa and 12-217bbb, the amount of tax credit or credits otherwise 945
11361136 allowable against the tax imposed under this chapter shall be as follows: 946
11371137 (1) For any income year commencing on or after January 1, 2002, and 947
11381138 prior to January 1, 2015, the amount of tax credit or credits otherwise 948 Raised Bill No. 6658
11391139
11401140
11411141
11421142 LCO No. 5638 31 of 64
11431143
11441144 allowable shall not exceed seventy per cent of the amount of tax due 949
11451145 from such taxpayer under this chapter with respect to any such income 950
11461146 year of the taxpayer prior to the application of such credit or credits; 951
11471147 (2) For any income year commencing on or after January 1, 2015, the 952
11481148 amount of tax credit or credits otherwise allowable shall not exceed fifty 953
11491149 and one one-hundredths per cent of the amount of tax due from such 954
11501150 taxpayer under this chapter with respect to any such income year of the 955
11511151 taxpayer prior to the application of such credit or credits; 956
11521152 (3) Notwithstanding the provisions of subdivision (2) of this 957
11531153 subsection, any taxpayer that possesses excess credits may utilize the 958
11541154 excess credits as follows: 959
11551155 (A) For income years commencing on or after January 1, 2016, and 960
11561156 prior to January 1, 2017, the aggregate amount of tax credits and excess 961
11571157 credits allowable shall not exceed fifty-five per cent of the amount of tax 962
11581158 due from such taxpayer under this chapter with respect to any such 963
11591159 income year of the taxpayer prior to the application of such credit or 964
11601160 credits; 965
11611161 (B) For income years commencing on or after January 1, 2017, and 966
11621162 prior to January 1, 2018, the aggregate amount of tax credits and excess 967
11631163 credits allowable shall not exceed sixty per cent of the amount of tax due 968
11641164 from such taxpayer under this chapter with respect to any such income 969
11651165 year of the taxpayer prior to the application of such credit or credits; and 970
11661166 (C) For income years commencing on or after January 1, 2018, and 971
11671167 prior to January 1, 2019, the aggregate amount of tax credits and excess 972
11681168 credits allowable shall not exceed sixty-five per cent of the amount of 973
11691169 tax due from such taxpayer under this chapter with respect to any such 974
11701170 income year of the taxpayer prior to the application of such credit or 975
11711171 credits; 976
11721172 (4) For purposes of this subsection, "excess credits" means any 977
11731173 remaining credits available under section 12-217j, 12-217n or 32-9t after 978
11741174 tax credits are utilized in accordance with subdivision (2) of this 979 Raised Bill No. 6658
11751175
11761176
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11781178 LCO No. 5638 32 of 64
11791179
11801180 subsection. 980
11811181 Sec. 16. Subsection (i) of section 12-391 of the general statutes is 981
11821182 repealed and the following is substituted in lieu thereof (Effective October 982
11831183 1, 2021): 983
11841184 (i) [The] With respect to the estates of decedents dying on or after 984
11851185 January 1, 2021, the tax calculated pursuant to the provisions of this 985
11861186 section shall be reduced in an amount equal to half of the amount 986
11871187 invested by a decedent in a private investment fund or fund of funds 987
11881188 pursuant to subdivision (43) of section 32-39, provided (1) any such 988
11891189 reduction shall not exceed five million dollars for any such decedent, (2) 989
11901190 any such amount invested by the decedent shall have been invested in 990
11911191 such fund or fund of funds for ten years or more, and (3) the aggregate 991
11921192 amount of all taxes reduced under this subsection shall not exceed thirty 992
11931193 million dollars. 993
11941194 Sec. 17. Subsection (b) of section 12-408h of the general statutes is 994
11951195 repealed and the following is substituted in lieu thereof (Effective October 995
11961196 1, 2021): 996
11971197 (b) A short-term rental facilitator shall be required to obtain a permit 997
11981198 to collect the tax set forth in subparagraph (B) of subdivision (1) of 998
11991199 section 12-408 and shall be considered the retailer for each retail sale of 999
12001200 a short-term rental that such facilitator facilitates on its platform for a 1000
12011201 short-term rental operator. Each short-term rental facilitator shall (1) be 1001
12021202 required to collect and remit for each such sale any tax imposed under 1002
12031203 section 12-408, (2) be responsible for all obligations imposed under this 1003
12041204 chapter as if such short-term rental facilitator was the operator of such 1004
12051205 [lodging house] short-term rental and retailer for such sale, and (3) keep 1005
12061206 such records and information as may be required by the Commissioner 1006
12071207 of Revenue Services to ensure proper collection and remittance of such 1007
12081208 tax. 1008
12091209 Sec. 18. Section 12-410 of the general statutes is repealed and the 1009
12101210 following is substituted in lieu thereof (Effective October 1, 2021): 1010 Raised Bill No. 6658
12111211
12121212
12131213
12141214 LCO No. 5638 33 of 64
12151215
12161216 [(1)] (a) For the purpose of the proper administration of this chapter 1011
12171217 and to prevent evasion of the sales tax it shall be presumed that all 1012
12181218 receipts are gross receipts that are subject to the tax until the contrary is 1013
12191219 established. The burden of proving that a sale of tangible personal 1014
12201220 property or service constituting a sale in accordance with subdivision 1015
12211221 (2) of subsection (a) of section 12-407 is not a sale at retail is upon the 1016
12221222 person who makes the sale unless such person takes in good faith from 1017
12231223 the purchaser a certificate to the effect that the property or service is 1018
12241224 purchased for resale. 1019
12251225 [(2)] (b) The certificate relieves the seller from the burden of proof 1020
12261226 only if taken in good faith from a person who is engaged in the business 1021
12271227 of selling tangible personal property or services constituting a sale in 1022
12281228 accordance with subdivision (2) of subsection (a) of section 12-407 and 1023
12291229 who holds the permit provided for in section 12-409 and who, at the 1024
12301230 time of purchasing the tangible personal property or service: [(A)] (1) 1025
12311231 Intends to sell it in the regular course of business; [(B)] (2) intends to 1026
12321232 utilize such personal property in the delivery of landscaping or 1027
12331233 horticulture services, provided the total sale price of all such 1028
12341234 landscaping and horticulture services are taxable under this chapter; or 1029
12351235 [(C)] (3) is unable to ascertain at the time of purchase whether the 1030
12361236 property or service will be sold or will be used for some other purpose. 1031
12371237 The burden of establishing that a certificate is taken in good faith is on 1032
12381238 the seller. A certificate to the effect that property or service is purchased 1033
12391239 for resale taken from the purchaser by the seller shall be deemed to be 1034
12401240 taken in good faith if the tangible personal property or service 1035
12411241 purchased is similar to or of the same general character as property or 1036
12421242 service which the seller could reasonably assume would be sold by the 1037
12431243 purchaser in the regular course of business. 1038
12441244 [(3)] (c) The certificate shall be signed by and bear the name and 1039
12451245 address of the purchaser, shall indicate the number of the permit issued 1040
12461246 to the purchaser and shall indicate the general character of the tangible 1041
12471247 personal property or service sold by the purchaser in the regular course 1042
12481248 of business. The certificate shall be substantially in such form as the 1043
12491249 commissioner prescribes. 1044 Raised Bill No. 6658
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12531253 LCO No. 5638 34 of 64
12541254
12551255 [(4) (A)] (d) (1) If a purchaser who gives a certificate makes any use 1045
12561256 of the service or property other than retention, demonstration or display 1046
12571257 while holding it for sale in the regular course of business, the use shall 1047
12581258 be deemed a retail sale by the purchaser as of the time the service or 1048
12591259 property is first used by the purchaser, and the cost of the service or 1049
12601260 property to the purchaser shall be deemed the gross receipts from such 1050
12611261 retail sale. 1051
12621262 [(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this] 1052
12631263 subdivision (1) of this subsection, any use by a certificated air carrier of 1053
12641264 an aircraft for purposes other than retention, demonstration or display 1054
12651265 while holding it for sale in the regular course of business shall not be 1055
12661266 deemed a retail sale by such carrier as of the time the aircraft is first used 1056
12671267 by such carrier, irrespective of the classification of such aircraft on the 1057
12681268 balance sheet of such carrier for accounting and tax purposes. 1058
12691269 [(5) (A)] (e) (1) For the purpose of the proper administration of this 1059
12701270 chapter and to prevent evasion of the sales tax, a sale of any service 1060
12711271 described in subdivision (37) of subsection (a) of section 12-407 shall be 1061
12721272 considered a sale for resale only if the service to be resold is an integral, 1062
12731273 inseparable component part of a service described in said subdivision 1063
12741274 that is to be subsequently sold by the purchaser to an ultimate 1064
12751275 consumer. The purchaser of the service for resale shall maintain, in such 1065
12761276 form as the commissioner requires, records that substantiate: [(i)] (A) 1066
12771277 From whom the service was purchased and to whom the service was 1067
12781278 sold, [(ii)] (B) the purchase price of the service, and [(iii)] (C) the nature 1068
12791279 of the service to demonstrate that the services were an integral, 1069
12801280 inseparable component part of a service described in subdivision (37) of 1070
12811281 subsection (a) of section 12-407 that was subsequently sold to a 1071
12821282 consumer. 1072
12831283 [(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this] 1073
12841284 subdivision (1) of this subsection, no sale of a service described in 1074
12851285 subdivision (37) of subsection (a) of section 12-407 by a seller shall be 1075
12861286 considered a sale for resale if such service is to be subsequently sold by 1076
12871287 the purchaser to an ultimate consumer that is affiliated with the 1077 Raised Bill No. 6658
12881288
12891289
12901290
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12921292
12931293 purchaser in the manner described in subparagraph (A) of subdivision 1078
12941294 (62) of section 12-412. 1079
12951295 [(C)] (3) For purposes of [subparagraph (A) of this] subdivision (1) of 1080
12961296 this subsection, the sale of canned or prewritten computer software shall 1081
12971297 be considered a sale for resale if such software is subsequently sold, 1082
12981298 licensed or leased unaltered by the purchaser to an ultimate consumer. 1083
12991299 The purchaser of the software for resale shall maintain, in such form as 1084
13001300 the commissioner requires, records that substantiate: [(i)] (A) From 1085
13011301 whom the software was purchased and to whom the software was sold, 1086
13021302 licensed or leased, [(ii)] (B) the purchase price of the software, and [(iii)] 1087
13031303 (C) the nature of the transaction with the ultimate consumer to 1088
13041304 demonstrate that the same software was provided unaltered to the 1089
13051305 ultimate consumer. 1090
13061306 [(D)] (4) For purposes of [subparagraph (A) of this] subdivision (1) of 1091
13071307 this subsection, the sale of digital goods shall be considered a sale for 1092
13081308 resale if the digital goods are subsequently sold, licensed, leased, 1093
13091309 broadcast, transmitted, or distributed, in whole or in part, as an integral, 1094
13101310 inseparable component part of a digital good or service described in 1095
13111311 subdivision (26), (27), (37) or (39) of subsection (a) of section 12-407 by 1096
13121312 the purchaser of the digital goods to an ultimate consumer. The 1097
13131313 purchaser of the digital goods for resale shall maintain, in such form as 1098
13141314 the commissioner requires, records that substantiate: [(i)] (A) From 1099
13151315 whom the digital goods were purchased and to whom the services 1100
13161316 described in subdivision (26), (27), (37) or (39) of subsection (a) of section 1101
13171317 12-407 was sold, licensed, leased, broadcast, transmitted, or distributed, 1102
13181318 in whole or in part, [(ii)] (B) the purchase price of the digital goods, and 1103
13191319 [(iii)] (C) the nature of the transaction with the ultimate consumer. 1104
13201320 [(E)] (5) For purposes of [subparagraph (A) of this] subdivision (1) of 1105
13211321 this subsection, the sale of services described in subdivision (37) of 1106
13221322 subsection (a) of section 12-407 shall be considered a sale for resale if 1107
13231323 such services are subsequently resold as an integral inseparable 1108
13241324 component part of digital goods sold by the purchaser of the services to 1109
13251325 an ultimate consumer of the digital goods. The purchaser of the services 1110 Raised Bill No. 6658
13261326
13271327
13281328
13291329 LCO No. 5638 36 of 64
13301330
13311331 described in subdivision (37) of subsection (a) of section 12-407 for resale 1111
13321332 shall maintain, in such form as the commissioner requires, records that 1112
13331333 substantiate: [(i)] (A) From whom the services described in subdivision 1113
13341334 (37) of subsection (a) of section 12-407 were [purchases] purchased and 1114
13351335 to whom the digital goods were sold, licensed, or leased, [(ii)] (B) the 1115
13361336 purchase prices of the services described in subdivision (37) of 1116
13371337 subsection (a) of section 12-407, and [(iii)] (C) the nature of the 1117
13381338 transaction with the ultimate consumer. 1118
13391339 [(6)] (f) For the purpose of the proper administration of this chapter 1119
13401340 and to prevent evasion of the sales tax, no sale of any service by a seller 1120
13411341 shall be considered a sale for resale if such service is to be subsequently 1121
13421342 sold by the purchaser, without change, to an ultimate consumer that is 1122
13431343 affiliated with the purchaser in the manner described in subparagraph 1123
13441344 (A) of subdivision (62) of section 12-412. 1124
13451345 Sec. 19. Subdivision (120) of section 12-412 of the general statutes is 1125
13461346 repealed and the following is substituted in lieu thereof (Effective October 1126
13471347 1, 2021): 1127
13481348 (120) [On and after April 1, 2015, sales] Sales of the following 1128
13491349 nonprescription drugs or medicines available for purchase for use in or 1129
13501350 on the body: Vitamin or mineral concentrates; dietary supplements; 1130
13511351 natural or herbal drugs or medicines; products intended to be taken for 1131
13521352 coughs, cold, asthma or allergies, or antihistamines; laxatives; 1132
13531353 antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 1133
13541354 and antifungal medicines; antiseptics; astringents; anesthetics; steroidal 1134
13551355 medicines; anthelmintics; emetics and antiemetics; antacids; and any 1135
13561356 medication prepared to be used in the eyes, ears or nose. 1136
13571357 Nonprescription drugs or medicines shall not include cosmetics, 1137
13581358 [dentrifrices] dentifrices, mouthwash, shaving and hair care products, 1138
13591359 soaps or deodorants. 1139
13601360 Sec. 20. Subsection (c) of section 12-414 of the general statutes is 1140
13611361 repealed and the following is substituted in lieu thereof (Effective October 1141
13621362 1, 2021): 1142 Raised Bill No. 6658
13631363
13641364
13651365
13661366 LCO No. 5638 37 of 64
13671367
13681368 (c) (1) For purposes of the sales tax, the return shall show the gross 1143
13691369 receipts of the seller during the preceding reporting period. For 1144
13701370 purposes of the use tax, [(1)] (A) in case of a return filed by a retailer, the 1145
13711371 return shall show the total sales price of the services or property sold by 1146
13721372 the retailer, the storage, acceptance, consumption or other use of which 1147
13731373 became subject to the use tax during the preceding reporting period, and 1148
13741374 [(2)] (B) in case of a return filed by a purchaser, the return shall show the 1149
13751375 total sales price of the service or property purchased by the purchaser, 1150
13761376 the storage, acceptance, consumption or other use of which became 1151
13771377 subject to the use tax during the preceding reporting period. The return 1152
13781378 shall also show the amount of the taxes for the period covered by the 1153
13791379 return in such manner as the commissioner may require and such other 1154
13801380 information as the commissioner deems necessary for the proper 1155
13811381 administration of this chapter. 1156
13821382 (2) The Commissioner of Revenue Services is authorized in his or her 1157
13831383 discretion, for purposes of expediency, to permit returns to be filed in 1158
13841384 an alternative form wherein the person filing the return may elect (A) to 1159
13851385 report his or her gross receipts, including the tax reimbursement to be 1160
13861386 collected as provided for in this section, as a part of such gross receipts, 1161
13871387 or (B) to report his or her gross receipts exclusive of the tax collected in 1162
13881388 such cases where the gross receipts from sales have been segregated 1163
13891389 from tax collections. In the case of [the former] a return filed in 1164
13901390 accordance with the provisions of subparagraph (A) of this subdivision, 1165
13911391 the percentage of such tax-included gross receipts that may be 1166
13921392 considered to be the gross receipts from sales exclusive of the taxes 1167
13931393 collected thereon shall be computed by dividing the numeral one by the 1168
13941394 sum of the rate of tax provided in section 12-408, expressed as a decimal, 1169
13951395 and the numeral one. 1170
13961396 Sec. 21. Section 12-433 of the general statutes is repealed and the 1171
13971397 following is substituted in lieu thereof (Effective October 1, 2021): 1172
13981398 Wherever used in this chapter, unless the context otherwise requires: 1173
13991399 (1) "Alcoholic beverage" and "beverage" include wine, beer and 1174 Raised Bill No. 6658
14001400
14011401
14021402
14031403 LCO No. 5638 38 of 64
14041404
14051405 liquor; [as defined in this section; "absolute alcohol"] 1175
14061406 (2) "Absolute alcohol" means dehydrated alcohol containing not less 1176
14071407 than ninety-nine per cent by weight of ethyl alcohol; ["beer"] 1177
14081408 (3) "Beer" means any beverage obtained by the alcoholic fermentation 1178
14091409 of an infusion or decoction of barley, malt and hops in drinking water 1179
14101410 and containing more than one-half of one per cent of absolute alcohol 1180
14111411 by volume; ["wine"] 1181
14121412 (4) "Wine" means any alcoholic beverage obtained by the 1182
14131413 fermentation of natural sugar contents of fruits or other agricultural 1183
14141414 products containing sugar; ["still wine"] 1184
14151415 (5) "Still wine" means any wine that contains not more than three 1185
14161416 hundred ninety-two one thousandths (0.392) of a gram of carbon 1186
14171417 dioxide per hundred milliliters of wine, and shall include any fortified 1187
14181418 wine, cider that is made from the alcoholic fermentation of the juice of 1188
14191419 apples, vermouth and any artificial or imitation wine or compound sold 1189
14201420 as "still wine" containing not less than three and two-tenths per cent of 1190
14211421 absolute alcohol by volume; ["sparkling wine"] 1191
14221422 (6) "Sparkling wine" means champagne and any other effervescent 1192
14231423 wine charged with more than three hundred ninety -two one 1193
14241424 thousandths (0.392) of a gram of carbon dioxide per hundred milliliters 1194
14251425 of wine, whether artificially or as a result of secondary fermentation of 1195
14261426 the wine within the container; ["fortified wine"] 1196
14271427 (7) "Fortified wine" means any wine, the alcoholic contents of which 1197
14281428 have been increased, by whatever process, beyond that produced by 1198
14291429 natural fermentation; ["liquor"] 1199
14301430 (8) "Liquor" means any beverage which contains alcohol obtained by 1200
14311431 distillation mixed with drinkable water and other substances in 1201
14321432 solution; ["liquor cooler"] 1202
14331433 (9) "Liquor cooler" means any liquid combined with liquor, as 1203
14341434 defined in this section, containing not more than seven per cent of 1204 Raised Bill No. 6658
14351435
14361436
14371437
14381438 LCO No. 5638 39 of 64
14391439
14401440 alcohol by volume; ["gallon"] 1205
14411441 (10) "Gallon" or "wine gallon" means one hundred twenty-eight fluid 1206
14421442 ounces; ["proof gallon"] 1207
14431443 (11) "Proof gallon" means the equivalent of one wine gallon at 100 1208
14441444 proof; ["proof spirit"] 1209
14451445 (12) "Proof spirit" or "proof" [shall be held to be that] means alcoholic 1210
14461446 liquor [which] that contains one-half by volume of alcohol of a specific 1211
14471447 gravity of seventy-nine hundred and thirty-nine ten-thousandths 1212
14481448 (0.7939) at 60° F; ["alcohol"] 1213
14491449 (13) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit 1214
14501450 of wine, from whatever source or by whatever process produced; 1215
14511451 ["person"] 1216
14521452 (14) "Person" means any individual, firm, fiduciary, partnership, 1217
14531453 corporation, limited liability company, trust or association, however 1218
14541454 formed; ["taxpayer"] 1219
14551455 (15) "Taxpayer" means any person liable to taxation under this 1220
14561456 chapter except railroad and airline companies so far as they conduct 1221
14571457 such beverage business in cars or passenger trains or on airplanes; 1222
14581458 ["distributor"] 1223
14591459 (16) "Distributor" means any person, wherever resident or located, 1224
14601460 [who] that holds a wholesaler's or manufacturer's permit or wholesaler 1225
14611461 or manufacturer permit for beer only issued under chapter 545, or [his] 1226
14621462 such person's backer, if any; ["licensed distributor"] 1227
14631463 (17) "Licensed distributor" means a distributor holding a license 1228
14641464 issued by the Commissioner of Revenue Services under the provisions 1229
14651465 of this chapter; ["tax period"] 1230
14661466 (18) "Tax period" means any period of one calendar month, or any 1231
14671467 part thereof; ["barrel"] 1232 Raised Bill No. 6658
14681468
14691469
14701470
14711471 LCO No. 5638 40 of 64
14721472
14731473 (19) "Barrel" means not less than twenty-eight nor more than thirty-1233
14741474 one gallons; ["half barrel"] 1234
14751475 (20) "Half barrel" means not less than fourteen nor more than fifteen 1235
14761476 and one-half gallons; ["quarter barrel"] 1236
14771477 (21) "Quarter barrel" means not less than seven nor more than seven 1237
14781478 and three-quarters gallons; ["sell"] 1238
14791479 (22) "Sell" or "sale" includes and applies to gifts, exchanges and barter 1239
14801480 and includes any alcoholic beverages coming into the possession of a 1240
14811481 distributor [which] that cannot be satisfactorily accounted for by the 1241
14821482 distributor to the Commissioner of Revenue Services. 1242
14831483 Sec. 22. Section 12-438 of the general statutes is repealed and the 1243
14841484 following is substituted in lieu thereof (Effective October 1, 2021): 1244
14851485 Any person who applies for a cancellation of [his] such person's 1245
14861486 distributor's license shall take an inventory at the beginning of business 1246
14871487 on the first day of the following month showing the number of gallons 1247
14881488 of each kind of alcoholic beverage mentioned in section 12-435 owned 1248
14891489 by [him] such person and held within the state. Each such person shall, 1249
14901490 [within] not later than fifteen days after taking such inventory, file a 1250
14911491 copy of such inventory with the commissioner, on forms prescribed and 1251
14921492 furnished by [him] the commissioner, and shall pay a tax on such 1252
14931493 inventory at the rates specified in said section 12-435. Each return filed 1253
14941494 under the provisions of this section shall give such additional 1254
14951495 information as the commissioner requires and shall include a statement 1255
14961496 of the amount of tax due under such return. 1256
14971497 Sec. 23. Subsection (c) of section 12-458 of the general statutes is 1257
14981498 repealed and the following is substituted in lieu thereof (Effective October 1258
14991499 1, 2021): 1259
15001500 (c) Any person who owns or operates a vehicle that runs only upon 1260
15011501 rails or tracks and that is properly registered with the federal 1261
15021502 government, in accordance with the provisions of Section 4222 of the 1262 Raised Bill No. 6658
15031503
15041504
15051505
15061506 LCO No. 5638 41 of 64
15071507
15081508 Internal Revenue Code of 1986, or any subsequent corresponding 1263
15091509 internal revenue code of the United States, as amended from time to 1264
15101510 time, shall be exempt from paying to a distributor the motor fuels tax 1265
15111511 imposed pursuant to this section for use in such vehicle. 1266
15121512 Sec. 24. Section 12-587 of the general statutes is repealed and the 1267
15131513 following is substituted in lieu thereof (Effective October 1, 2021): 1268
15141514 (a) (1) As used in this chapter: (A) "Company" includes a corporation, 1269
15151515 partnership, limited partnership, limited liability company, limited 1270
15161516 liability partnership, association, individual or any fiduciary thereof; (B) 1271
15171517 "quarterly period" means a period of three calendar months 1272
15181518 commencing on the first day of January, April, July or October and 1273
15191519 ending on the last day of March, June, September or December, 1274
15201520 respectively; (C) except as provided in subdivision (2) of this subsection, 1275
15211521 "gross earnings" means all consideration received from the first sale 1276
15221522 within this state of a petroleum product; (D) "petroleum products" 1277
15231523 means those products which contain or are made from petroleum or a 1278
15241524 petroleum derivative; (E) "first sale of petroleum products within this 1279
15251525 state" means the initial sale of a petroleum product delivered to a 1280
15261526 location in this state; (F) "export" or "exportation" means the conveyance 1281
15271527 of petroleum products from within this state to a location outside this 1282
15281528 state for the purpose of sale or use outside this state; and (G) "sale for 1283
15291529 exportation" means a sale of petroleum products to a purchaser which 1284
15301530 itself exports such products. 1285
15311531 (2) For purposes of this chapter, "gross earnings" means gross 1286
15321532 earnings as defined in subdivision (1) of this subsection, except, with 1287
15331533 respect to the first sale of gasoline or gasohol within this state, if the 1288
15341534 consideration received from such first sale reflects a price of gasoline or 1289
15351535 gasohol sold or used in this state in excess of three dollars per gallon, 1290
15361536 gross earnings from such first sale shall be deemed to be three dollars 1291
15371537 per gallon, and any consideration received that is derived from that 1292
15381538 portion of the price of such gasoline or gasohol in excess of three dollars 1293
15391539 per gallon shall be disregarded in the calculation of gross earnings. 1294
15401540 Notwithstanding the provisions of this chapter, the Commissioner of 1295 Raised Bill No. 6658
15411541
15421542
15431543
15441544 LCO No. 5638 42 of 64
15451545
15461546 Revenue Services may suspend enforcement activities with respect to 1296
15471547 this subdivision until all policies and procedures necessary to 1297
15481548 implement the provision of this subdivision are in place, but in no event 1298
15491549 shall such suspension extend beyond April 15, 2012. 1299
15501550 (b) (1) Except as otherwise provided in subdivision (2) of this 1300
15511551 subsection, any company [which] that is engaged in the refining or 1301
15521552 distribution, or both, of petroleum products and which distributes such 1302
15531553 products in this state shall pay a quarterly tax on its gross earnings 1303
15541554 derived from the first sale of petroleum products within this state. Each 1304
15551555 company shall on or before the last day of the month next succeeding 1305
15561556 each quarterly period render to the commissioner a return on forms 1306
15571557 prescribed or furnished by the commissioner and signed by the person 1307
15581558 performing the duties of treasurer or an authorized agent or officer, 1308
15591559 including the amount of gross earnings derived from the first sale of 1309
15601560 petroleum products within this state for the quarterly period and such 1310
15611561 other facts as the commissioner may require for the purpose of making 1311
15621562 any computation required by this chapter. [Except as otherwise 1312
15631563 provided in subdivision (3) of this subsection, the] The rate of tax shall 1313
15641564 be (A) [five per cent with respect to calendar quarters prior to July 1, 1314
15651565 2005; (B) five and eight-tenths per cent with respect to calendar quarters 1315
15661566 commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six 1316
15671567 and three-tenths per cent with respect to calendar quarters commencing 1317
15681568 on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with 1318
15691569 respect to calendar quarters commencing on or after July 1, 2007, and 1319
15701570 prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with 1320
15711571 respect to calendar quarters commencing on or after July 1, 2013. 1321
15721572 (2) Gross earnings derived from the first sale of the following 1322
15731573 petroleum products within this state shall be exempt from tax: 1323
15741574 (A) Any petroleum products sold for exportation from this state for 1324
15751575 sale or use outside this state; 1325
15761576 (B) [the] The product designated by the American Society for Testing 1326
15771577 and Materials as "Specification for Heating Oil D396-69", commonly 1327 Raised Bill No. 6658
15781578
15791579
15801580
15811581 LCO No. 5638 43 of 64
15821582
15831583 known as number 2 heating oil, to be used exclusively for heating 1328
15841584 purposes or to be used in a commercial fishing vessel, which vessel 1329
15851585 qualifies for an exemption pursuant to subdivision (4) of section 12-412; 1330
15861586 (C) [kerosene] Kerosene, commonly known as number 1 oil, to be 1331
15871587 used exclusively for heating purposes, provided delivery is of both 1332
15881588 number 1 and number 2 oil, and via a truck with a metered delivery 1333
15891589 ticket to a residential dwelling or to a centrally metered system serving 1334
15901590 a group of residential dwellings; 1335
15911591 (D) [the] The product identified as propane gas, to be used primarily 1336
15921592 for heating purposes; 1337
15931593 (E) [bunker] Bunker fuel oil, intermediate fuel, marine diesel oil and 1338
15941594 marine gas oil to be used in any vessel (i) having a displacement 1339
15951595 exceeding four thousand dead weight tons, or (ii) primarily engaged in 1340
15961596 interstate commerce; 1341
15971597 (F) [for] For any first sale occurring prior to July 1, 2008, propane gas 1342
15981598 to be used as a fuel for a motor vehicle; 1343
15991599 (G) [for] For any first sale occurring on or after July 1, 2002, grade 1344
16001600 number 6 fuel oil, as defined in regulations adopted pursuant to section 1345
16011601 16a-22c, to be used exclusively by a company [which] that, in accordance 1346
16021602 with census data contained in the Standard Industrial Classification 1347
16031603 Manual, United States Office of Management and Budget, 1987 edition, 1348
16041604 is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 1349
16051605 32 or 33 in the North American Industrial Classification System United 1350
16061606 States Manual, United States Office of Management and Budget, 1997 1351
16071607 edition; 1352
16081608 (H) [for] For any first sale occurring on or after July 1, 2002, number 1353
16091609 2 heating oil to be used exclusively in a vessel primarily engaged in 1354
16101610 interstate commerce, which vessel qualifies for an exemption under 1355
16111611 subdivision (40) of section 12-412; 1356
16121612 (I) [for] For any first sale occurring on or after July 1, 2000, paraffin or 1357 Raised Bill No. 6658
16131613
16141614
16151615
16161616 LCO No. 5638 44 of 64
16171617
16181618 microcrystalline waxes; 1358
16191619 (J) [for] For any first sale occurring prior to July 1, 2008, petroleum 1359
16201620 products to be used as a fuel for a fuel cell, as defined in subdivision 1360
16211621 (113) of section 12-412; 1361
16221622 (K) [a] A commercial heating oil blend containing not less than ten 1362
16231623 per cent of alternative fuels derived from agricultural produce, food 1363
16241624 waste, waste vegetable oil or municipal solid waste, including, but not 1364
16251625 limited to, biodiesel or low sulfur dyed diesel fuel; 1365
16261626 (L) [for] For any first sale occurring on or after July 1, 2007, diesel fuel 1366
16271627 other than diesel fuel to be used in an electric generating facility to 1367
16281628 generate electricity; 1368
16291629 (M) [for] For any first sale occurring on or after July 1, 2013, cosmetic 1369
16301630 grade mineral oil; or 1370
16311631 (N) [propane] Propane gas to be used as a fuel for a school bus. 1371
16321632 [(3) The rate of tax on gross earnings derived from the first sale of 1372
16331633 grade number 6 fuel oil, as defined in regulations adopted pursuant to 1373
16341634 section 16a-22c, to be used exclusively by a company which, in 1374
16351635 accordance with census data contained in the Standard Industrial 1375
16361636 Classification Manual, United States Office of Management and Budget, 1376
16371637 1987 edition, is included in code classifications 2000 to 3999, inclusive, 1377
16381638 or in Sector 31, 32 or 33 in the North American Industrial Classification 1378
16391639 System United States Manual, United States Office of Management and 1379
16401640 Budget, 1997 edition, or number 2 heating oil used exclusively in a 1380
16411641 vessel primarily engaged in interstate commerce, which vessel qualifies 1381
16421642 for an exemption under section 12-412 shall be: (A) Four per cent with 1382
16431643 respect to calendar quarters commencing on or after July 1, 1998, and 1383
16441644 prior to July 1, 1999; (B) three per cent with respect to calendar quarters 1384
16451645 commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two 1385
16461646 per cent with respect to calendar quarters commencing on or after July 1386
16471647 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to 1387
16481648 calendar quarters commencing on or after July 1, 2001, and prior to July 1388 Raised Bill No. 6658
16491649
16501650
16511651
16521652 LCO No. 5638 45 of 64
16531653
16541654 1, 2002.] 1389
16551655 (c) (1) Any company [which] that imports or causes to be imported 1390
16561656 into this state petroleum products for sale, use or consumption in this 1391
16571657 state, other than a company subject to and having paid the tax on such 1392
16581658 company's gross earnings from first sales of petroleum products within 1393
16591659 this state, which earnings include gross earnings attributable to such 1394
16601660 imported or caused to be imported petroleum products, in accordance 1395
16611661 with subsection (b) of this section, shall pay a quarterly tax on the 1396
16621662 consideration given or contracted to be given for such petroleum 1397
16631663 product if the consideration given or contracted to be given for all such 1398
16641664 deliveries during the quarterly period for which such tax is to be paid 1399
16651665 exceeds three thousand dollars. [Except as otherwise provided in 1400
16661666 subdivision (3) of this subsection, the] The rate of tax shall be (A) [five 1401
16671667 per cent with respect to calendar quarters commencing prior to July 1, 1402
16681668 2005; (B) five and eight-tenths per cent with respect to calendar quarters 1403
16691669 commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six 1404
16701670 and three-tenths per cent with respect to calendar quarters commencing 1405
16711671 on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with 1406
16721672 respect to calendar quarters commencing on or after July 1, 2007, and 1407
16731673 prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with 1408
16741674 respect to calendar quarters commencing on or after July 1, 2013. Fuel in 1409
16751675 the fuel supply tanks of a motor vehicle, which fuel tanks are directly 1410
16761676 connected to the engine, shall not be considered a delivery for the 1411
16771677 purposes of this subsection. 1412
16781678 (2) Consideration given or contracted to be given for petroleum 1413
16791679 products, gross earnings from the first sale of which are exempt from 1414
16801680 tax under subdivision (2) of subsection (b) of this section, shall be 1415
16811681 exempt from tax. 1416
16821682 [(3) The rate of tax on consideration given or contracted to be given 1417
16831683 for grade number 6 fuel oil, as defined in regulations adopted pursuant 1418
16841684 to section 16a-22c, to be used exclusively by a company which, in 1419
16851685 accordance with census data contained in the Standard Industrial 1420
16861686 Classification Manual, United States Office of Management and Budget, 1421 Raised Bill No. 6658
16871687
16881688
16891689
16901690 LCO No. 5638 46 of 64
16911691
16921692 1987 edition, is included in code classifications 2000 to 3999, inclusive, 1422
16931693 or in Sector 31, 32 or 33 in the North American Industrial Classification 1423
16941694 System United States Manual, United States Office of Management and 1424
16951695 Budget, 1997 edition, or number 2 heating oil used exclusively in a 1425
16961696 vessel primarily engaged in interstate commerce, which vessel qualifies 1426
16971697 for an exemption under section 12-412 shall be: (A) Four per cent with 1427
16981698 respect to calendar quarters commencing on or after July 1, 1998, and 1428
16991699 prior to July 1, 1999; (B) three per cent with respect to calendar quarters 1429
17001700 commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two 1430
17011701 per cent with respect to calendar quarters commencing on or after July 1431
17021702 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to 1432
17031703 calendar quarters commencing on or after July 1, 2001, and prior to July 1433
17041704 1, 2002.] 1434
17051705 (d) The amount of tax reported to be due on such return shall be due 1435
17061706 and payable on or before the last day of the month next succeeding the 1436
17071707 quarterly period. The tax imposed under the provisions of this chapter 1437
17081708 shall be in addition to any other tax imposed by this state on such 1438
17091709 company. 1439
17101710 (e) For the purposes of this chapter, the gross earnings of any 1440
17111711 producer or refiner of petroleum products operating a service station 1441
17121712 along the highways or interstate highways within the state pursuant to 1442
17131713 a contract with the Department of Transportation or operating a service 1443
17141714 station which is used as a training or test marketing center under the 1444
17151715 provisions of subsection (b) of section 14-344d, shall be calculated by 1445
17161716 multiplying the volume of petroleum products delivered by any 1446
17171717 producer or refiner to any such station by such producer's or refiner's 1447
17181718 dealer tank wagon price or dealer wholesale price in the area of the 1448
17191719 service station. 1449
17201720 Sec. 25. Subsection (a) of section 12-587a of the general statutes is 1450
17211721 repealed and the following is substituted in lieu thereof (Effective October 1451
17221722 1, 2021): 1452
17231723 (a) (1) Any company, as such term is used in section 12-587, as 1453 Raised Bill No. 6658
17241724
17251725
17261726
17271727 LCO No. 5638 47 of 64
17281728
17291729 amended by this act, liable for the tax imposed under subsection (b) of 1454
17301730 [said] section 12-587, as amended by this act, on gross earnings from the 1455
17311731 first sale of petroleum products within this state, which products the 1456
17321732 purchaser thereof subsequently sells for exportation and sale or use 1457
17331733 outside this state, shall be allowed a credit against any tax for which 1458
17341734 such company is liable in accordance with subsection (b) of said section 1459
17351735 12-587, in the amount of tax paid to the state with respect to the sale of 1460
17361736 such products, provided (A) such purchaser has submitted certification 1461
17371737 to such company, in such form as prescribed by the Commissioner of 1462
17381738 Revenue Services, that such products were sold or used outside this 1463
17391739 state, (B) such certification and any additional information related to 1464
17401740 such sale or use by such purchaser, which said commissioner may 1465
17411741 request, have been submitted to said commissioner, and (C) such 1466
17421742 company makes a payment to such purchaser, related to such products 1467
17431743 sold or used outside this state, in the amount equal to the tax imposed 1468
17441744 under [said] section 12-587, as amended by this act, on gross earnings 1469
17451745 from the first sale to such purchaser within the state. 1470
17461746 (2) The credit allowed pursuant to subdivision (1) of this subsection 1471
17471747 may also be claimed, in the same manner as provided in said 1472
17481748 subdivision, [(1),] by any such company when the petroleum products 1473
17491749 sold in a first sale within this state by such company are incorporated 1474
17501750 by the purchaser thereof into a material that is included in U.S. industry 1475
17511751 group 3255 in the North American Industrial Classification System 1476
17521752 United States Manual, United States Office of Management and Budget, 1477
17531753 2007 edition, and such products are subsequently exported for sale or 1478
17541754 use outside this state. Such company shall be allowed [said] such credit 1479
17551755 in the amount of tax paid to the state with respect to the sale of such 1480
17561756 products. 1481
17571757 (3) In addition, such company shall be allowed such credit when 1482
17581758 there has been any sale of such products subsequent to the sale by such 1483
17591759 company but prior to sale or use outside this state, provided (A) each 1484
17601760 purchaser receives payment, related to such products sold or used 1485
17611761 outside this state, equal to the tax imposed under [said] section 12-587, 1486
17621762 as amended by this act, on gross earnings from the first sale of such 1487 Raised Bill No. 6658
17631763
17641764
17651765
17661766 LCO No. 5638 48 of 64
17671767
17681768 products within this state, and (B) the purchaser selling or using such 1488
17691769 products outside this state complies with the requirements in this 1489
17701770 section related to a purchaser of such products from the company liable 1490
17711771 for such tax. 1491
17721772 Sec. 26. Section 12-631 of the general statutes is repealed and the 1492
17731773 following is substituted in lieu thereof (Effective October 1, 2021): 1493
17741774 As used in this chapter, the following terms have the following 1494
17751775 meanings: 1495
17761776 [(a)] (1) "Business firm" means any business entity authorized to do 1496
17771777 business in the state and subject to the tax due under the provisions of 1497
17781778 chapter 207, 208, 209, 210, 211, 212 or 213a. 1498
17791779 [(b)] (2) "Community services" means any type of counseling and 1499
17801780 advice, emergency assistance or medical care furnished to individuals 1500
17811781 or groups in the state. 1501
17821782 [(c)] (3) "Crime prevention" means any activity which aids in the 1502
17831783 reduction of crime in the state. 1503
17841784 [(d)] (4) "Education" means any type of scholastic instruction or 1504
17851785 scholarship assistance to any person who resides in the state that enables 1505
17861786 such person to prepare for better opportunities, including teaching 1506
17871787 services donated pursuant to section 10-21c. 1507
17881788 [(e)] (5) "Job training" means any type of instruction to any person 1508
17891789 who resides in the state that enables such person to acquire vocational 1509
17901790 skills to become employable or seek a higher grade of employment, 1510
17911791 including training offered pursuant to section 10-21b. 1511
17921792 [(f)] (6) "Neighborhood" means any specific geographic area, urban, 1512
17931793 interurban, suburban, or rural, which is experiencing problems 1513
17941794 endangering its existence as a viable and stable neighborhood. 1514
17951795 [(g)] (7) "Neighborhood assistance" means the furnishing of financial 1515
17961796 assistance, labor, material, or technical advice to aid in the physical 1516 Raised Bill No. 6658
17971797
17981798
17991799
18001800 LCO No. 5638 49 of 64
18011801
18021802 improvement or rehabilitation of all or any part of a neighborhood. 1517
18031803 [(h)] (8) "Neighborhood organization" means any organization 1518
18041804 performing community services in the state [which: (1)] that: (A) Holds 1519
18051805 a ruling from the Internal Revenue Service of the United States 1520
18061806 Department of the Treasury that the organization is exempt from 1521
18071807 income taxation under the provisions of the Internal Revenue Code; [, 1522
18081808 or (2)] (B) is designated as a community development corporation by 1523
18091809 the United States government under the provisions of Title VII of the 1524
18101810 Economic Opportunity Act of 1964; [, or (3)] or (C) is incorporated as a 1525
18111811 charitable corporation or trust under the provisions of chapter 598a. 1526
18121812 [(i)] (9) "Families of low and moderate income" means families 1527
18131813 meeting the criteria for designation as families of low and moderate 1528
18141814 income established by the Commissioner of Housing pursuant to 1529
18151815 subsection (f) of section 8-39. 1530
18161816 Sec. 27. Subdivision (1) of subsection (a) of section 12-632 of the 1531
18171817 general statutes is repealed and the following is substituted in lieu 1532
18181818 thereof (Effective October 1, 2021): 1533
18191819 (a) (1) Except as otherwise provided in subdivision (2) of this 1534
18201820 subsection, on or before July first of each year, any municipality desiring 1535
18211821 to obtain benefits under the provisions of this chapter shall, after 1536
18221822 approval by the legislative body of such municipality, submit to the 1537
18231823 Commissioner of Revenue Services a list on a form prescribed and made 1538
18241824 available by the commissioner of programs eligible for investment by 1539
18251825 business firms under the provisions of this chapter. Such activities shall 1540
18261826 consist of providing neighborhood assistance; job training or education; 1541
18271827 community services; crime prevention; energy conservation or 1542
18281828 construction or rehabilitation of dwelling units for families of low and 1543
18291829 moderate income in the state; donation of money to an open space 1544
18301830 acquisition fund of any political subdivision of the state or any nonprofit 1545
18311831 land conservation organization, which fund qualifies under [subsection 1546
18321832 (h)] subdivision (8) of section 12-631, as amended by this act, and is used 1547
18331833 for the purchase of land, interest in land or permanent conservation 1548 Raised Bill No. 6658
18341834
18351835
18361836
18371837 LCO No. 5638 50 of 64
18381838
18391839 restriction on land which is to be permanently preserved as protected 1549
18401840 open space; or any of the activities described in section 12-634, 12-635 or 1550
18411841 12-635a. Such list shall indicate, for each program specified: The concept 1551
18421842 of the program, the neighborhood area to be served, why the program 1552
18431843 is needed, the estimated amount required to be invested in the program, 1553
18441844 the suggested plan for implementing the program, the agency 1554
18451845 designated by the municipality to oversee implementation of the 1555
18461846 program and such other information as the commissioner may 1556
18471847 prescribe. Each municipality shall hold at least one public hearing on 1557
18481848 the subject of which programs shall be included on such list prior to the 1558
18491849 submission of such list to the commissioner. 1559
18501850 Sec. 28. Subsection (c) of section 12-632 of the general statutes is 1560
18511851 repealed and the following is substituted in lieu thereof (Effective October 1561
18521852 1, 2021): 1562
18531853 (c) Any business firm [which] that desires to engage in any of the 1563
18541854 activities or programs approved by any municipality pursuant to 1564
18551855 subsection (a) of this section and listed pursuant to subsection (b) of this 1565
18561856 section may apply to the Commissioner of Revenue Services for a tax 1566
18571857 credit in an amount as provided in section 12-633, 12-634, 12-635 or 12-1567
18581858 635a. The proposal for such credit, which shall be made on a form 1568
18591859 prescribed and made available by the commissioner, shall set forth the 1569
18601860 program to be conducted, the neighborhood area to be invested in, the 1570
18611861 plans for implementing the program and such other information as said 1571
18621862 commissioner may prescribe. Such proposals shall be submitted to the 1572
18631863 commissioner on or after September fifteenth but no later than October 1573
18641864 first of each year. Such proposals shall be approved or disapproved by 1574
18651865 the [Commissioner of Revenue Services] commissioner based on the 1575
18661866 compliance of such proposal with the provisions of this chapter and 1576
18671867 regulations adopted pursuant to this chapter. The commissioner may 1577
18681868 only approve proposals received between September fifteenth and 1578
18691869 October first of each year. If, in the opinion of the [Commissioner of 1579
18701870 Revenue Services] commissioner, a business firm's investment can, for 1580
18711871 the purposes of this chapter, be made through contributions to a 1581
18721872 neighborhood organization as defined in [subsection (h)] subdivision (8) 1582 Raised Bill No. 6658
18731873
18741874
18751875
18761876 LCO No. 5638 51 of 64
18771877
18781878 of section 12-631, as amended by this act, tax credits may be allowed in 1583
18791879 amounts as provided in section 12-633, 12-634, 12-635 or 12-635a. 1584
18801880 Sec. 29. Subsection (f) of section 12-632 of the general statutes is 1585
18811881 repealed and the following is substituted in lieu thereof (Effective October 1586
18821882 1, 2021): 1587
18831883 (f) The sum of all tax [credit] credits granted pursuant to the 1588
18841884 provisions of section 12-633, 12-634, 12-635 or 12-635a shall not exceed 1589
18851885 one hundred fifty thousand dollars annually per business firm and no 1590
18861886 tax credit shall be granted to any business firm for any individual 1591
18871887 amount invested of less than two hundred fifty dollars. 1592
18881888 Sec. 30. Section 17b-738 of the general statutes is repealed and the 1593
18891889 following is substituted in lieu thereof (Effective October 1, 2021): 1594
18901890 The Commissioner of Early Childhood shall establish and administer 1595
18911891 a program of loans to business firms, as defined in [subsection (a) of] 1596
18921892 section 12-631, as amended by this act, for the purpose of planning, site 1597
18931893 preparation, construction, renovation or acquisition of facilities, within 1598
18941894 the state, for use as licensed child care centers, family child care homes 1599
18951895 or group child care homes to be used primarily by the children of 1600
18961896 employees of such corporations and children of employees of the 1601
18971897 municipalities in which such facilities are located. Such loans shall be 1602
18981898 made in accordance with the terms and conditions as provided in 1603
18991899 regulations adopted by the commissioner, in accordance with chapter 1604
19001900 54, shall be made for a period not to exceed five years and shall bear 1605
19011901 interest at a rate to be determined in accordance with subsection (t) of 1606
19021902 section 3-20. 1607
19031903 Sec. 31. Section 12-657 of the general statutes is repealed and the 1608
19041904 following is substituted in lieu thereof (Effective October 1, 2021): 1609
19051905 The administration of this chapter is vested in the Commissioner of 1610
19061906 Revenue Services. All forms necessary and proper for the enforcement 1611
19071907 of this chapter shall be prescribed and furnished by the commissioner. 1612
19081908 The commissioner may require any agent, clerk, stenographer or other 1613 Raised Bill No. 6658
19091909
19101910
19111911
19121912 LCO No. 5638 52 of 64
19131913
19141914 assistant to execute a bond in such sum as said commissioner 1614
19151915 determines for the faithful discharge of his duties. The commissioner 1615
19161916 may prescribe regulations and rulings, not inconsistent with law, to 1616
19171917 carry into effect the provisions of this chapter, which regulations and 1617
19181918 rulings, when reasonably designed to carry out the intent and purpose 1618
19191919 of this chapter, shall be prima facie evidence of its proper interpretation. 1619
19201920 The commissioner shall, at least annually, and [oftener in his] more 1620
19211921 often at the commissioner's discretion, publish for distribution all 1621
19221922 regulations prescribed hereunder and such rulings as appear to [him] 1622
19231923 the commissioner to be of general interest. 1623
19241924 Sec. 32. Subdivision (1) of subsection (b) of section 12-699a of the 1624
19251925 general statutes is repealed and the following is substituted in lieu 1625
19261926 thereof (Effective October 1, 2021): 1626
19271927 (b) (1) Each affected business entity required to pay the tax imposed 1627
19281928 under section 12-699 and whose required annual payment for the 1628
19291929 taxable year is greater than or equal to one thousand dollars shall make 1629
19301930 the required annual payment each taxable year, in four required 1630
19311931 estimated tax installments on the following due dates: (A) For the first 1631
19321932 required installment, the fifteenth day of the fourth month of the taxable 1632
19331933 year; (B) for the second required installment, the fifteenth day of the 1633
19341934 sixth month of the taxable year; (C) for the third required installment, 1634
19351935 the fifteenth day of the ninth month of the taxable year; [,] and (D) for 1635
19361936 the fourth required installment, the fifteenth day of the first month of 1636
19371937 the next succeeding taxable year. An affected business entity may elect 1637
19381938 to pay any required installment prior to the specified due date. Except 1638
19391939 as provided in subdivision (2) of this subsection, the amount of each 1639
19401940 required installment shall be twenty-five per cent of the required annual 1640
19411941 payment. 1641
19421942 Sec. 33. Subdivision (10) of subsection (a) of section 12-701 of the 1642
19431943 general statutes is repealed and the following is substituted in lieu 1643
19441944 thereof (Effective October 1, 2021): 1644
19451945 (10) "Connecticut fiduciary adjustment" means the net positive or 1645 Raised Bill No. 6658
19461946
19471947
19481948
19491949 LCO No. 5638 53 of 64
19501950
19511951 negative total of the following items relating to income, gain, loss or 1646
19521952 deduction of a trust or estate: 1647
19531953 (A) There shall be added together: 1648
19541954 (i) [any] Any interest income from obligations issued by or on behalf 1649
19551955 of any state, political subdivision thereof, or public instrumentality, 1650
19561956 state or local authority, district or similar public entity, exclusive of such 1651
19571957 income from obligations issued by or on behalf of the state of 1652
19581958 Connecticut, any political subdivision thereof, or public 1653
19591959 instrumentality, state or local authority, district or similar public entity 1654
19601960 created under the laws of the state of Connecticut and exclusive of any 1655
19611961 such income with respect to which taxation by any state is prohibited by 1656
19621962 federal law; [,] 1657
19631963 (ii) [any] Any exempt-interest dividends, as defined in Section 1658
19641964 852(b)(5) of the Internal Revenue Code, exclusive of such exempt-1659
19651965 interest dividends derived from obligations issued by or on behalf of the 1660
19661966 state of Connecticut, any political subdivision thereof, or public 1661
19671967 instrumentality, state or local authority, district or similar public entity 1662
19681968 created under the laws of the state of Connecticut and exclusive of such 1663
19691969 exempt-interest dividends derived from obligations, the income with 1664
19701970 respect to which taxation by any state is prohibited by federal law; [,] 1665
19711971 (iii) [any] Any interest or dividend income on obligations or securities 1666
19721972 of any authority, commission or instrumentality of the United States 1667
19731973 [which] that federal law exempts from federal income tax but does not 1668
19741974 exempt from state income taxes; [,] 1669
19751975 (iv) [to] To the extent properly includable in determining the net gain 1670
19761976 or loss from the sale or other disposition of capital assets for federal 1671
19771977 income tax purposes, any loss from the sale or exchange of obligations 1672
19781978 issued by or on behalf of the state of Connecticut, any political 1673
19791979 subdivision thereof, or public instrumentality, state or local authority, 1674
19801980 district or similar public entity created under the laws of the state of 1675
19811981 Connecticut, in the income year such loss was recognized; [,] 1676 Raised Bill No. 6658
19821982
19831983
19841984
19851985 LCO No. 5638 54 of 64
19861986
19871987 (v) [to] To the extent deductible in determining federal taxable 1677
19881988 income prior to deductions relating to distributions to beneficiaries, any 1678
19891989 income taxes imposed by this state; [,] 1679
19901990 (vi) [to] To the extent deductible in determining federal taxable 1680
19911991 income prior to deductions relating to distributions to beneficiaries, any 1681
19921992 interest on indebtedness incurred or continued to purchase or carry 1682
19931993 obligations or securities the interest on which is exempt from tax under 1683
19941994 this chapter; [,] 1684
19951995 (vii) [expenses] Expenses paid or incurred during the taxable year for 1685
19961996 the production or collection of income which is exempt from tax under 1686
19971997 this chapter, or the management, conservation or maintenance of 1687
19981998 property held for the production of such income, and the amortizable 1688
19991999 bond premium for the taxable year on any bond the interest on which is 1689
20002000 exempt from taxation under this chapter, to the extent that such 1690
20012001 expenses and premiums are deductible in determining federal taxable 1691
20022002 income prior to deductions relating to distributions to beneficiaries; [,] 1692
20032003 (viii) [to] To the extent deductible in determining federal taxable 1693
20042004 income prior to deductions relating to distributions to beneficiaries, the 1694
20052005 deduction allowable as qualified domestic production activities income, 1695
20062006 pursuant to Section 199 of the Internal Revenue Code; [,] and 1696
20072007 (ix) [to] To the extent not includable in federal taxable income prior 1697
20082008 to deductions relating to distributions to beneficiaries, the total amount 1698
20092009 of a lump sum distribution for the taxable year. 1699
20102010 (B) There shall be subtracted from the sum of such items: 1700
20112011 (i) [to] To the extent properly includable in gross income for federal 1701
20122012 income tax purposes, any income with respect to which taxation by any 1702
20132013 state is prohibited by federal law; [,] 1703
20142014 (ii) [to] To the extent allowable under section 12-718, exempt 1704
20152015 dividends paid by a regulated investment company; [,] 1705
20162016 (iii) [with] With respect to any trust or estate [which] that is a 1706 Raised Bill No. 6658
20172017
20182018
20192019
20202020 LCO No. 5638 55 of 64
20212021
20222022 shareholder of an S corporation [which] that is carrying on, or [which] 1707
20232023 that has the right to carry on, business in this state, as said term is used 1708
20242024 in section 12-214, as amended by this act, the amount of such 1709
20252025 shareholder's pro rata share of such corporation's nonseparately 1710
20262026 computed items, as defined in Section 1366 of the Internal Revenue 1711
20272027 Code, that is subject to tax under chapter 208, in accordance with 1712
20282028 subsection (c) of section 12-217 multiplied by such corporation's 1713
20292029 apportionment fraction, if any, as determined in accordance with 1714
20302030 section 12-218; [,] 1715
20312031 (iv) [to] To the extent properly includable in gross income for federal 1716
20322032 income tax purposes, any interest income from obligations issued by or 1717
20332033 on behalf of the state of Connecticut, any political subdivision thereof, 1718
20342034 or public instrumentality, state or local authority, district or similar 1719
20352035 public entity created under the laws of the state of Connecticut; [,] 1720
20362036 (v) [to] To the extent properly includable in determining the net gain 1721
20372037 or loss from the sale or other disposition of capital assets for federal 1722
20382038 income tax purposes, any gain from the sale or exchange of obligations 1723
20392039 issued by or on behalf of the state of Connecticut, any political 1724
20402040 subdivision thereof, or public instrumentality, state or local authority, 1725
20412041 district or similar public entity created under the laws of the state of 1726
20422042 Connecticut, in the income year such gain was recognized; [,] 1727
20432043 (vi) [any] Any interest on indebtedness incurred or continued to 1728
20442044 purchase or carry obligations or securities the interest on which is 1729
20452045 subject to tax under this chapter, but exempt from federal income tax, to 1730
20462046 the extent that such interest on indebtedness is not deductible in 1731
20472047 determining federal taxable income prior to deductions relating to 1732
20482048 distributions to beneficiaries; [,] 1733
20492049 (vii) [ordinary] Ordinary and necessary expenses paid or incurred 1734
20502050 during the taxable year for the production or collection of income 1735
20512051 [which] that is subject to taxation under this chapter, but exempt from 1736
20522052 federal income tax, or the management, conservation or maintenance of 1737
20532053 property held for the production of such income, and the amortizable 1738 Raised Bill No. 6658
20542054
20552055
20562056
20572057 LCO No. 5638 56 of 64
20582058
20592059 bond premium for the taxable year on any bond the interest on which is 1739
20602060 subject to tax under this chapter, but exempt from federal income tax, to 1740
20612061 the extent that such expenses and premiums are not deductible in 1741
20622062 determining federal taxable income prior to deductions relating to 1742
20632063 distributions to beneficiaries; [,] and 1743
20642064 (viii) [the] The amount of any refund or credit for overpayment of 1744
20652065 income taxes imposed by this state, to the extent properly includable in 1745
20662066 gross income for federal income tax purposes for the taxable year and to 1746
20672067 the extent deductible in determining federal taxable income prior to 1747
20682068 deductions relating to distributions to beneficiaries for the preceding 1748
20692069 taxable year. 1749
20702070 Sec. 34. Subdivision (24) of subsection (a) of section 12-701 of the 1750
20712071 general statutes is repealed and the following is substituted in lieu 1751
20722072 thereof (Effective October 1, 2021): 1752
20732073 (24) "Adjusted federal tentative minimum tax" of an individual 1753
20742074 means such individual's federal tentative minimum tax or, in the case of 1754
20752075 an individual whose Connecticut adjusted gross income includes 1755
20762076 modifications described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), 1756
20772077 (A)(vii) or (A)(viii) of subdivision (20) of this subsection [(a) of this 1757
20782078 section] or subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), 1758
20792079 (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of this subsection, 1759
20802080 [(a) of this section,] the amount that would have been the federal 1760
20812081 tentative minimum tax if such tax were calculated by including, to the 1761
20822082 extent not includable in federal alternative minimum taxable income, 1762
20832083 the modifications described in subparagraph (A)(i), (A)(ii), (A)(v), 1763
20842084 (A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this subsection, [(a) of 1764
20852085 this section, by excluding,] to the extent includable in federal alternative 1765
20862086 minimum taxable income, the modifications described in subparagraph 1766
20872087 (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or 1767
20882088 (B)(xv) of subdivision (20) of this subsection, [(a) of this section,] and by 1768
20892089 excluding, to the extent includable in federal alternative minimum 1769
20902090 taxable income, the amount of any interest income or exempt-interest 1770
20912091 dividends, as defined in Section 852(b)(5) of the Internal Revenue Code, 1771 Raised Bill No. 6658
20922092
20932093
20942094
20952095 LCO No. 5638 57 of 64
20962096
20972097 from obligations that are issued by or on behalf of the state of 1772
20982098 Connecticut, any political subdivision thereof, or public 1773
20992099 instrumentality, state or local authority, district, or similar public entity 1774
21002100 that is created under the laws of the state of Connecticut, or from 1775
21012101 obligations that are issued by or on behalf of any territory or possession 1776
21022102 of the United States, any political subdivision of such territory or 1777
21032103 possession, or public instrumentality, authority, district or similar 1778
21042104 public entity of such territory or possession, the income with respect to 1779
21052105 which taxation by any state is prohibited by federal law. If such 1780
21062106 individual is a beneficiary of a trust or estate, then, in calculating his or 1781
21072107 her federal tentative minimum tax, his or her federal alternative taxable 1782
21082108 income shall be increased or decreased, as the case may be, by the net 1783
21092109 amount of such individual's proportionate share of the Connecticut 1784
21102110 fiduciary adjustment relating to modifications that are described in, to 1785
21112111 the extent not includable in federal alternative minimum taxable 1786
21122112 income, subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) 1787
21132113 of subdivision (20) of this subsection, [(a) of this section,] or, to the extent 1788
21142114 includable in federal alternative minimum taxable income, 1789
21152115 subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), 1790
21162116 (B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this 1791
21172117 section.] 1792
21182118 Sec. 35. Subdivision (30) of subsection (a) of section 12-701 of the 1793
21192119 general statutes is repealed and the following is substituted in lieu 1794
21202120 thereof (Effective October 1, 2021): 1795
21212121 (30) "Adjusted federal alternative minimum taxable income" of an 1796
21222122 individual means his or her federal alternative minimum taxable 1797
21232123 income or, in the case of an individual whose Connecticut adjusted 1798
21242124 gross income includes modifications described in subparagraph (A)(i), 1799
21252125 (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this 1800
21262126 subsection [(a) of this section] or subparagraph (B)(i), (B)(ii), (B)(v), 1801
21272127 (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision 1802
21282128 (20) of this subsection, [(a) of this section,] the amount that would have 1803
21292129 been the federal alternative minimum taxable income if such amount 1804
21302130 were calculated by including, to the extent not includable in federal 1805 Raised Bill No. 6658
21312131
21322132
21332133
21342134 LCO No. 5638 58 of 64
21352135
21362136 alternative minimum taxable income, the modifications described in 1806
21372137 subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of 1807
21382138 subdivision (20) of this subsection, [(a) of this section,] by excluding, to 1808
21392139 the extent includable in federal alternative minimum taxable income, 1809
21402140 the modifications described in subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), 1810
21412141 (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of 1811
21422142 this subsection, [(a) of this section,] and by excluding, to the extent 1812
21432143 includable in federal alternative minimum taxable income, the amount 1813
21442144 of any interest income or exempt-interest dividends, as defined in 1814
21452145 Section 852(b)(5) of the Internal Revenue Code, from obligations that are 1815
21462146 issued by or on behalf of the state of Connecticut, any political 1816
21472147 subdivision thereof, or public instrumentality, state or local authority, 1817
21482148 district, or similar public entity that is created under the laws of the state 1818
21492149 of Connecticut, or from obligations that are issued by or on behalf of any 1819
21502150 territory or possession of the United States, any political subdivision of 1820
21512151 such territory or possession, or public instrumentality, authority, 1821
21522152 district or similar public entity of such territory or possession, the 1822
21532153 income with respect to which taxation by any state is prohibited by 1823
21542154 federal law. If such individual is a beneficiary of a trust or estate, then, 1824
21552155 for purposes of calculating his or her adjusted federal alternative 1825
21562156 minimum taxable income, his or her federal alternative minimum 1826
21572157 taxable income shall also be increased or decreased, as the case may be, 1827
21582158 by the net amount of such individual's proportionate share of the 1828
21592159 Connecticut fiduciary adjustment relating to modifications to the extent 1829
21602160 not includable in federal alternative minimum taxable income, that are 1830
21612161 described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or 1831
21622162 (A)(viii) of subdivision (20) of this subsection [(a) of this section] or to 1832
21632163 the extent includable in federal alternative minimum taxable income, 1833
21642164 subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), 1834
21652165 (B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this 1835
21662166 section.] 1836
21672167 Sec. 36. Section 12-701a of the general statutes is repealed and the 1837
21682168 following is substituted in lieu thereof (Effective October 1, 2021): 1838
21692169 The maximum [annual modification] amount that may be subtracted 1839 Raised Bill No. 6658
21702170
21712171
21722172
21732173 LCO No. 5638 59 of 64
21742174
21752175 under subparagraph (B)(xiii) of subdivision (20) of subsection (a) of 1840
21762176 section 12-701 shall be equal to the amount of contributions to all 1841
21772177 accounts established pursuant to any qualified state tuition program, as 1842
21782178 defined in Section 529(b) of the Internal Revenue Code, established and 1843
21792179 maintained by this state or any official, agency or instrumentality of the 1844
21802180 state, but shall not exceed five thousand dollars for each individual 1845
21812181 taxpayer, or ten thousand dollars for taxpayers filing a joint return. Any 1846
21822182 amount of a contribution that is not subtracted by the taxpayer in the 1847
21832183 year for which the contribution is made, on or after January 1, 2006, may 1848
21842184 be carried forward as a subtraction from income for the succeeding five 1849
21852185 years; provided the amount subtracted shall not exceed the maximum 1850
21862186 allowed in each subsequent taxable year. 1851
21872187 Sec. 37. Subdivision (5) of subsection (c) of section 12-717 of the 1852
21882188 general statutes is repealed and the following is substituted in lieu 1853
21892189 thereof (Effective October 1, 2021): 1854
21902190 (5) If a trust changes its status from resident to nonresident or from 1855
21912191 nonresident to resident, the provisions of subdivisions (1) to (4), 1856
21922192 inclusive, of this subsection shall apply, except that the term 1857
21932193 "individual" shall be read as "trust", reference to "items of income, gain, 1858
21942194 loss or deduction" shall mean the trust's share of such items determined 1859
21952195 in accordance with the methods of allocation set forth in section 12-714, 1860
21962196 reference to "gain" shall include any modification for includable gain 1861
21972197 under [subsection] subdivision (9) of subsection (a) of section 12-701 and 1862
21982198 federal adjusted gross income shall be determined as if the trust were 1863
21992199 an individual. 1864
22002200 Sec. 38. Subdivision (4) of section 12-801 of the general statutes is 1865
22012201 repealed and the following is substituted in lieu thereof (Effective October 1866
22022202 1, 2021): 1867
22032203 (4) "Lottery" means (A) the Connecticut state lottery conducted prior 1868
22042204 to the transfer authorized under section 12-808 by the Division of Special 1869
22052205 Revenue, (B) after such transfer, the Connecticut state lottery conducted 1870
22062206 by the corporation pursuant to sections [12-563a and] 12-800 to 12-818, 1871 Raised Bill No. 6658
22072207
22082208
22092209
22102210 LCO No. 5638 60 of 64
22112211
22122212 inclusive, (C) the state lottery referred to in subsection (a) of section 53-1872
22132213 278g, and (D) keno conducted by the corporation pursuant to section 12-1873
22142214 806c; 1874
22152215 Sec. 39. Subsection (c) of section 4-28f of the general statutes is 1875
22162216 repealed and the following is substituted in lieu thereof (Effective October 1876
22172217 1, 2021): 1877
22182218 (c) The trust fund shall be administered by a board of trustees, except 1878
22192219 that the board shall suspend its operations from July 1, 2003, to June 30, 1879
22202220 2005, inclusive. The board shall consist of seventeen trustees. The 1880
22212221 appointment of the initial trustees shall be as follows: (1) The Governor 1881
22222222 shall appoint four trustees, one of whom shall serve for a term of one 1882
22232223 year from July 1, 2000, two of whom shall serve for a term of two years 1883
22242224 from July 1, 2000, and one of whom shall serve for a term of three years 1884
22252225 from July 1, 2000; (2) the speaker of the House of Representatives and 1885
22262226 the president pro tempore of the Senate each shall appoint two trustees, 1886
22272227 one of whom shall serve for a term of two years from July 1, 2000, and 1887
22282228 one of whom shall serve for a term of three years from July 1, 2000; (3) 1888
22292229 the majority leader of the House of Representatives and the majority 1889
22302230 leader of the Senate each shall appoint two trustees, one of whom shall 1890
22312231 serve for a term of one year from July 1, 2000, and one of whom shall 1891
22322232 serve for a term of three years from July 1, 2000; (4) the minority leader 1892
22332233 of the House of Representatives and the minority leader of the Senate 1893
22342234 each shall appoint two trustees, one of whom shall serve for a term of 1894
22352235 one year from July 1, 2000, and one of whom shall serve for a term of 1895
22362236 two years from July 1, 2000; and (5) the Secretary of the Office of Policy 1896
22372237 and Management, or the secretary's designee, shall serve as an ex-officio 1897
22382238 voting member. Following the expiration of such initial terms, 1898
22392239 subsequent trustees shall serve for a term of three years. The period of 1899
22402240 suspension of the board's operations from July 1, 2003, to June 30, 2005, 1900
22412241 inclusive, shall not be included in the term of any trustee serving on July 1901
22422242 1, 2003. The trustees shall serve without compensation except for 1902
22432243 reimbursement for necessary expenses incurred in performing their 1903
22442244 duties. The board of trustees shall establish rules of procedure for the 1904
22452245 conduct of its business which shall include, but not be limited to, 1905 Raised Bill No. 6658
22462246
22472247
22482248
22492249 LCO No. 5638 61 of 64
22502250
22512251 criteria, processes and procedures to be used in selecting programs to 1906
22522252 receive money from the trust fund. The trust fund shall be within the 1907
22532253 Office of Policy and Management for administrative purposes only. The 1908
22542254 board of trustees shall, not later than January first of each year, except 1909
22552255 following a fiscal year in which the trust fund does not receive a deposit 1910
22562256 from the Tobacco Settlement Fund, [shall] submit a report of its activities 1911
22572257 and accomplishments to the joint standing committees of the General 1912
22582258 Assembly having cognizance of matters relating to public health and 1913
22592259 appropriations and the budgets of state agencies, in accordance with 1914
22602260 section 11-4a. 1915
22612261 Sec. 40. Section 4-66k of the general statutes is repealed and the 1916
22622262 following is substituted in lieu thereof (Effective October 1, 2021): 1917
22632263 (a) There is established an account to be known as the "regional 1918
22642264 planning incentive account" which shall be a separate, nonlapsing 1919
22652265 account within the General Fund. The account shall contain any moneys 1920
22662266 required by law to be deposited in the account. Except as provided in 1921
22672267 subsection (d) of this section, moneys [,] in the account shall be 1922
22682268 expended by the Secretary of the Office of Policy and Management in 1923
22692269 accordance with subsection (b) of this section for the purposes of first 1924
22702270 providing funding to regional planning organizations in accordance 1925
22712271 with the provisions of subsections (b) and (c) of this section and then to 1926
22722272 providing grants under the regional performance incentive program 1927
22732273 established pursuant to section 4-124s. 1928
22742274 (b) For the fiscal year ending June 30, 2014, funds from the regional 1929
22752275 planning incentive account shall be distributed to each regional 1930
22762276 planning organization, as defined in section 4-124i of the general 1931
22772277 statutes, revision of 1958, revised to January 1, 2013, in the amount of 1932
22782278 one hundred twenty-five thousand dollars. Any regional council of 1933
22792279 governments that is comprised of any two or more regional planning 1934
22802280 organizations that voluntarily consolidate on or before December 31, 1935
22812281 2013, shall receive an additional payment in an amount equal to the 1936
22822282 amount the regional planning organizations would have received if 1937
22832283 such regional planning organizations had not voluntarily consolidated. 1938 Raised Bill No. 6658
22842284
22852285
22862286
22872287 LCO No. 5638 62 of 64
22882288
22892289 (c) Beginning in the fiscal year ending June 30, 2015, and annually 1939
22902290 thereafter, funds from the regional planning incentive account shall be 1940
22912291 distributed to each regional council of governments formed pursuant to 1941
22922292 section 4-124j, in the amount of one hundred twenty-five thousand 1942
22932293 dollars plus fifty cents per capita, using population information from 1943
22942294 the most recent federal decennial census. Any regional council of 1944
22952295 governments that is comprised of any two or more regional planning 1945
22962296 organizations, as defined in section 4-124i of the general statutes, 1946
22972297 revision of 1958, revised to January 1, 2013, that voluntarily consolidated 1947
22982298 on or before December 31, 2013, shall receive a payment in the amount 1948
22992299 of one hundred twenty-five thousand dollars for each such regional 1949
23002300 planning organization that voluntarily consolidated on or before said 1950
23012301 date. 1951
23022302 (d) There is established a regionalization subaccount within the 1952
23032303 regional planning incentive account. If the Connecticut Lottery 1953
23042304 Corporation offers online its existing lottery draw games through the 1954
23052305 corporation's Internet web site, online service or mobile application, the 1955
23062306 revenue from such online offering that exceeds an amount equivalent to 1956
23072307 the costs of the debt-free community college program under section 10a-1957
23082308 174 shall be deposited in the subaccount, or, if such online offering is not 1958
23092309 established, the amount provided under subsection (b) of section 364 of 1959
23102310 public act 19-117 for regionalization initiatives shall be deposited in the 1960
23112311 subaccount. Moneys in the subaccount shall be expended only for the 1961
23122312 purposes recommended by the task force established under section 4-1962
23132313 66s. 1963
23142314 Sec. 41. Subsection (h) of section 38a-88a of the general statutes is 1964
23152315 repealed and the following is substituted in lieu thereof (Effective October 1965
23162316 1, 2021): 1966
23172317 (h) No taxpayer shall be eligible for a credit under this section and 1967
23182318 [either] section 12-217e [or section 12-217m] for the same investment. No 1968
23192319 two taxpayers shall be eligible for any tax credit with respect to the same 1969
23202320 investment, employee or facility. 1970 Raised Bill No. 6658
23212321
23222322
23232323
23242324 LCO No. 5638 63 of 64
23252325
23262326 This act shall take effect as follows and shall amend the following
23272327 sections:
23282328
23292329 Section 1 October 1, 2021 12-35(a)
23302330 Sec. 2 October 1, 2021 12-40
23312331 Sec. 3 October 1, 2021 12-43
23322332 Sec. 4 October 1, 2021 12-44
23332333 Sec. 5 October 1, 2021 12-54
23342334 Sec. 6 October 1, 2021 12-57a(b)
23352335 Sec. 7 October 1, 2021 12-111(a)
23362336 Sec. 8 October 1, 2021 12-120a(4)
23372337 Sec. 9 October 1, 2021 12-121f(a)
23382338 Sec. 10 October 1, 2021 12-170aa
23392339 Sec. 11 October 1, 2021 12-208(a)
23402340 Sec. 12 October 1, 2021 12-214(b)
23412341 Sec. 13 October 1, 2021 12-219(b)
23422342 Sec. 14 October 1, 2021 12-217(a)(3)
23432343 Sec. 15 October 1, 2021 12-217zz(a)
23442344 Sec. 16 October 1, 2021 12-391(i)
23452345 Sec. 17 October 1, 2021 12-408h(b)
23462346 Sec. 18 October 1, 2021 12-410
23472347 Sec. 19 October 1, 2021 12-412(120)
23482348 Sec. 20 October 1, 2021 12-414(c)
23492349 Sec. 21 October 1, 2021 12-433
23502350 Sec. 22 October 1, 2021 12-438
23512351 Sec. 23 October 1, 2021 12-458(c)
23522352 Sec. 24 October 1, 2021 12-587
23532353 Sec. 25 October 1, 2021 12-587a(a)
23542354 Sec. 26 October 1, 2021 12-631
23552355 Sec. 27 October 1, 2021 12-632(a)(1)
23562356 Sec. 28 October 1, 2021 12-632(c)
23572357 Sec. 29 October 1, 2021 12-632(f)
23582358 Sec. 30 October 1, 2021 17b-738
23592359 Sec. 31 October 1, 2021 12-657
23602360 Sec. 32 October 1, 2021 12-699a(b)(1)
23612361 Sec. 33 October 1, 2021 12-701(a)(10)
23622362 Sec. 34 October 1, 2021 12-701(a)(24)
23632363 Sec. 35 October 1, 2021 12-701(a)(30)
23642364 Sec. 36 October 1, 2021 12-701a
23652365 Sec. 37 October 1, 2021 12-717(c)(5)
23662366 Sec. 38 October 1, 2021 12-801(4) Raised Bill No. 6658
23672367
23682368
23692369
23702370 LCO No. 5638 64 of 64
23712371
23722372 Sec. 39 October 1, 2021 4-28f(c)
23732373 Sec. 40 October 1, 2021 4-66k
23742374 Sec. 41 October 1, 2021 38a-88a(h)
23752375
23762376 Statement of Purpose:
23772377 To make minor and technical changes to the tax and related statutes.
23782378 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
23792379 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
23802380 underlined.]
23812381