Connecticut 2021 Regular Session

Connecticut Senate Bill SB00274 Compare Versions

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77 General Assembly Committee Bill No. 274
88 January Session, 2021
99 LCO No. 2929
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1212 Referred to Committee on AGING
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1515 Introduced by:
1616 (AGE)
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2020 AN ACT CONCERNING AN INCOME TAX DEDUCTIO N FOR THE
2121 COST OF HOME HEALTH CARE.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424
2525 Section 1. Subparagraph (B) of subdivision (20) of subsection (a) of 1
2626 section 12-701 of the general statutes is repealed and the following is 2
2727 substituted in lieu thereof (Effective from passage and applicable to taxable 3
2828 years commencing on or after January 1, 2021): 4
2929 (B) There shall be subtracted therefrom: 5
3030 (i) To the extent properly includable in gross income for federal 6
3131 income tax purposes, any income with respect to which taxation by any 7
3232 state is prohibited by federal law; 8
3333 (ii) To the extent allowable under section 12-718, exempt dividends 9
3434 paid by a regulated investment company; 10
3535 (iii) To the extent properly includable in gross income for federal 11
3636 income tax purposes, the amount of any refund or credit for 12
37-overpayment of income taxes imposed by this state, or any other state 13 Committee Bill No. 274
37+overpayment of income taxes imposed by this state, or any other state 13
38+of the United States or a political subdivision thereof, or the District of 14
39+Committee Bill No. 274
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44-of the United States or a political subdivision thereof, or the District of 14
4544 Columbia; 15
4645 (iv) To the extent properly includable in gross income for federal 16
4746 income tax purposes and not otherwise subtracted from federal 17
4847 adjusted gross income pursuant to clause (x) of this subparagraph in 18
4948 computing Connecticut adjusted gross income, any tier 1 railroad 19
5049 retirement benefits; 20
5150 (v) To the extent any additional allowance for depreciation under 21
5251 Section 168(k) of the Internal Revenue Code for property placed in 22
5352 service after September 27, 2017, was added to federal adjusted gross 23
5453 income pursuant to subparagraph (A)(ix) of this subdivision in 24
5554 computing Connecticut adjusted gross income, twenty-five per cent of 25
5655 such additional allowance for depreciation in each of the four 26
5756 succeeding taxable years; 27
5857 (vi) To the extent properly includable in gross income for federal 28
5958 income tax purposes, any interest income from obligations issued by or 29
6059 on behalf of the state of Connecticut, any political subdivision thereof, 30
6160 or public instrumentality, state or local authority, district or similar 31
6261 public entity created under the laws of the state of Connecticut; 32
6362 (vii) To the extent properly includable in determining the net gain or 33
6463 loss from the sale or other disposition of capital assets for federal income 34
6564 tax purposes, any gain from the sale or exchange of obligations issued 35
6665 by or on behalf of the state of Connecticut, any political subdivision 36
6766 thereof, or public instrumentality, state or local authority, district or 37
6867 similar public entity created under the laws of the state of Connecticut, 38
6968 in the income year such gain was recognized; 39
7069 (viii) Any interest on indebtedness incurred or continued to purchase 40
7170 or carry obligations or securities the interest on which is subject to tax 41
7271 under this chapter but exempt from federal income tax, to the extent that 42
7372 such interest on indebtedness is not deductible in determining federal 43
74-adjusted gross income and is attributable to a trade or business carried 44 Committee Bill No. 274
73+adjusted gross income and is attributable to a trade or business carried 44
74+on by such individual; 45
75+Committee Bill No. 274
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81-on by such individual; 45
8280 (ix) Ordinary and necessary expenses paid or incurred during the 46
8381 taxable year for the production or collection of income which is subject 47
8482 to taxation under this chapter but exempt from federal income tax, or 48
8583 the management, conservation or maintenance of property held for the 49
8684 production of such income, and the amortizable bond premium for the 50
8785 taxable year on any bond the interest on which is subject to tax under 51
8886 this chapter but exempt from federal income tax, to the extent that such 52
8987 expenses and premiums are not deductible in determining federal 53
9088 adjusted gross income and are attributable to a trade or business carried 54
9189 on by such individual; 55
9290 (x) (I) For taxable years commencing prior to January 1, 2019, for a 56
9391 person who files a return under the federal income tax as an unmarried 57
9492 individual whose federal adjusted gross income for such taxable year is 58
9593 less than fifty thousand dollars, or as a married individual filing 59
9694 separately whose federal adjusted gross income for such taxable year is 60
9795 less than fifty thousand dollars, or for a husband and wife who file a 61
9896 return under the federal income tax as married individuals filing jointly 62
9997 whose federal adjusted gross income for such taxable year is less than 63
10098 sixty thousand dollars or a person who files a return under the federal 64
10199 income tax as a head of household whose federal adjusted gross income 65
102100 for such taxable year is less than sixty thousand dollars, an amount 66
103101 equal to the Social Security benefits includable for federal income tax 67
104102 purposes; 68
105103 (II) For taxable years commencing prior to January 1, 2019, for a 69
106104 person who files a return under the federal income tax as an unmarried 70
107105 individual whose federal adjusted gross income for such taxable year is 71
108106 fifty thousand dollars or more, or as a married individual filing 72
109107 separately whose federal adjusted gross income for such taxable year is 73
110108 fifty thousand dollars or more, or for a husband and wife who file a 74
111109 return under the federal income tax as married individuals filing jointly 75
112110 whose federal adjusted gross income from such taxable year is sixty 76
113-thousand dollars or more or for a person who files a return under the 77 Committee Bill No. 274
111+thousand dollars or more or for a person who files a return under the 77
112+federal income tax as a head of household whose federal adjusted gross 78
113+Committee Bill No. 274
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120-federal income tax as a head of household whose federal adjusted gross 78
121118 income for such taxable year is sixty thousand dollars or more, an 79
122119 amount equal to the difference between the amount of Social Security 80
123120 benefits includable for federal income tax purposes and the lesser of 81
124121 twenty-five per cent of the Social Security benefits received during the 82
125122 taxable year, or twenty-five per cent of the excess described in Section 83
126123 86(b)(1) of the Internal Revenue Code; 84
127124 (III) For the taxable year commencing January 1, 2019, and each 85
128125 taxable year thereafter, for a person who files a return under the federal 86
129126 income tax as an unmarried individual whose federal adjusted gross 87
130127 income for such taxable year is less than seventy-five thousand dollars, 88
131128 or as a married individual filing separately whose federal adjusted gross 89
132129 income for such taxable year is less than seventy-five thousand dollars, 90
133130 or for a husband and wife who file a return under the federal income tax 91
134131 as married individuals filing jointly whose federal adjusted gross 92
135132 income for such taxable year is less than one hundred thousand dollars 93
136133 or a person who files a return under the federal income tax as a head of 94
137134 household whose federal adjusted gross income for such taxable year is 95
138135 less than one hundred thousand dollars, an amount equal to the Social 96
139136 Security benefits includable for federal income tax purposes; and 97
140137 (IV) For the taxable year commencing January 1, 2019, and each 98
141138 taxable year thereafter, for a person who files a return under the federal 99
142139 income tax as an unmarried individual whose federal adjusted gross 100
143140 income for such taxable year is seventy-five thousand dollars or more, 101
144141 or as a married individual filing separately whose federal adjusted gross 102
145142 income for such taxable year is seventy-five thousand dollars or more, 103
146143 or for a husband and wife who file a return under the federal income tax 104
147144 as married individuals filing jointly whose federal adjusted gross 105
148145 income from such taxable year is one hundred thousand dollars or more 106
149146 or for a person who files a return under the federal income tax as a head 107
150147 of household whose federal adjusted gross income for such taxable year 108
151148 is one hundred thousand dollars or more, an amount equal to the 109
152-difference between the amount of Social Security benefits includable for 110 Committee Bill No. 274
149+difference between the amount of Social Security benefits includable for 110
150+federal income tax purposes and the lesser of twenty-five per cent of the 111
151+Committee Bill No. 274
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159-federal income tax purposes and the lesser of twenty-five per cent of the 111
160156 Social Security benefits received during the taxable year, or twenty-five 112
161157 per cent of the excess described in Section 86(b)(1) of the Internal 113
162158 Revenue Code; 114
163159 (xi) To the extent properly includable in gross income for federal 115
164160 income tax purposes, any amount rebated to a taxpayer pursuant to 116
165161 section 12-746; 117
166162 (xii) To the extent properly includable in the gross income for federal 118
167163 income tax purposes of a designated beneficiary, any distribution to 119
168164 such beneficiary from any qualified state tuition program, as defined in 120
169165 Section 529(b) of the Internal Revenue Code, established and 121
170166 maintained by this state or any official, agency or instrumentality of the 122
171167 state; 123
172168 (xiii) To the extent allowable under section 12-701a, contributions to 124
173169 accounts established pursuant to any qualified state tuition program, as 125
174170 defined in Section 529(b) of the Internal Revenue Code, established and 126
175171 maintained by this state or any official, agency or instrumentality of the 127
176172 state; 128
177173 (xiv) To the extent properly includable in gross income for federal 129
178174 income tax purposes, the amount of any Holocaust victims' settlement 130
179175 payment received in the taxable year by a Holocaust victim; 131
180176 (xv) To the extent properly includable in gross income for federal 132
181177 income tax purposes of an account holder, as defined in section 31-133
182178 51ww, interest earned on funds deposited in the individual 134
183179 development account, as defined in section 31-51ww, of such account 135
184180 holder; 136
185181 (xvi) To the extent properly includable in the gross income for federal 137
186182 income tax purposes of a designated beneficiary, as defined in section 138
187183 3-123aa, interest, dividends or capital gains earned on contributions to 139
188184 accounts established for the designated beneficiary pursuant to the 140
189-Connecticut Homecare Option Program for the Elderly established by 141 Committee Bill No. 274
185+Connecticut Homecare Option Program for the Elderly established by 141
186+Committee Bill No. 274
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196191 sections 3-123aa to 3-123ff, inclusive; 142
197192 (xvii) To the extent properly includable in gross income for federal 143
198193 income tax purposes, any income received from the United States 144
199194 government as retirement pay for a retired member of (I) the Armed 145
200195 Forces of the United States, as defined in Section 101 of Title 10 of the 146
201196 United States Code, or (II) the National Guard, as defined in Section 101 147
202197 of Title 10 of the United States Code; 148
203198 (xviii) To the extent properly includable in gross income for federal 149
204199 income tax purposes for the taxable year, any income from the discharge 150
205200 of indebtedness in connection with any reacquisition, after December 151
206201 31, 2008, and before January 1, 2011, of an applicable debt instrument or 152
207202 instruments, as those terms are defined in Section 108 of the Internal 153
208203 Revenue Code, as amended by Section 1231 of the American Recovery 154
209204 and Reinvestment Act of 2009, to the extent any such income was added 155
210205 to federal adjusted gross income pursuant to subparagraph (A)(xi) of 156
211206 this subdivision in computing Connecticut adjusted gross income for a 157
212207 preceding taxable year; 158
213208 (xix) To the extent not deductible in determining federal adjusted 159
214209 gross income, the amount of any contribution to a manufacturing 160
215210 reinvestment account established pursuant to section 32-9zz in the 161
216211 taxable year that such contribution is made; 162
217212 (xx) To the extent properly includable in gross income for federal 163
218213 income tax purposes, (I) for the taxable year commencing January 1, 164
219214 2015, ten per cent of the income received from the state teachers' 165
220215 retirement system, (II) for the taxable years commencing January 1, 166
221216 2016, to January 1, 2020, inclusive, twenty-five per cent of the income 167
222217 received from the state teachers' retirement system, and (III) for the 168
223218 taxable year commencing January 1, 2021, and each taxable year 169
224219 thereafter, fifty per cent of the income received from the state teachers' 170
225220 retirement system or the percentage, if applicable, pursuant to clause 171
226-(xxi) of this subparagraph; 172 Committee Bill No. 274
221+(xxi) of this subparagraph; 172
222+Committee Bill No. 274
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233227 (xxi) To the extent properly includable in gross income for federal 173
234228 income tax purposes, except for retirement benefits under clause (iv) of 174
235229 this subparagraph and retirement pay under clause (xvii) of this 175
236230 subparagraph, for a person who files a return under the federal income 176
237231 tax as an unmarried individual whose federal adjusted gross income for 177
238232 such taxable year is less than seventy-five thousand dollars, or as a 178
239233 married individual filing separately whose federal adjusted gross 179
240234 income for such taxable year is less than seventy-five thousand dollars, 180
241235 or as a head of household whose federal adjusted gross income for such 181
242236 taxable year is less than seventy-five thousand dollars, or for a husband 182
243237 and wife who file a return under the federal income tax as married 183
244238 individuals filing jointly whose federal adjusted gross income for such 184
245239 taxable year is less than one hundred thousand dollars, (I) for the taxable 185
246240 year commencing January 1, 2019, fourteen per cent of any pension or 186
247241 annuity income, (II) for the taxable year commencing January 1, 2020, 187
248242 twenty-eight per cent of any pension or annuity income, (III) for the 188
249243 taxable year commencing January 1, 2021, forty-two per cent of any 189
250244 pension or annuity income, (IV) for the taxable year commencing 190
251245 January 1, 2022, fifty-six per cent of any pension or annuity income, (V) 191
252246 for the taxable year commencing January 1, 2023, seventy per cent of any 192
253247 pension or annuity income, (VI) for the taxable year commencing 193
254248 January 1, 2024, eighty-four per cent of any pension or annuity income, 194
255249 and (VII) for the taxable year commencing January 1, 2025, and each 195
256250 taxable year thereafter, any pension or annuity income; 196
257251 (xxii) The amount of lost wages and medical, travel and housing 197
258252 expenses, not to exceed ten thousand dollars in the aggregate, incurred 198
259253 by a taxpayer during the taxable year in connection with the donation 199
260254 to another person of an organ for organ transplantation occurring on or 200
261255 after January 1, 2017; 201
262256 (xxiii) To the extent properly includable in gross income for federal 202
263257 income tax purposes, the amount of any financial assistance received 203
264258 from the Crumbling Foundations Assistance Fund or paid to or on 204
265-behalf of the owner of a residential building pursuant to sections 8-442 205 Committee Bill No. 274
259+behalf of the owner of a residential building pursuant to sections 8-442 205
260+Committee Bill No. 274
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272265 and 8-443; 206
273266 (xxiv) To the extent properly includable in gross income for federal 207
274267 income tax purposes, the amount calculated pursuant to subsection (b) 208
275268 of section 12-704g for income received by a general partner of a venture 209
276269 capital fund, as defined in 17 CFR 275.203(l)-1, as amended from time to 210
277270 time; [and] 211
278271 (xxv) To the extent any portion of a deduction under Section 179 of 212
279272 the Internal Revenue Code was added to federal adjusted gross income 213
280273 pursuant to subparagraph (A)(xiv) of this subdivision in computing 214
281274 Connecticut adjusted gross income, twenty-five per cent of such 215
282275 disallowed portion of the deduction in each of the four succeeding 216
283276 taxable years; 217
284277 (xxvi) To the extent not deductible in determining federal adjusted 218
285278 gross income, ordinary and necessary expenses paid or incurred for the 219
286279 care of any person seventy years of age or older related by blood, 220
287280 adoption or marriage to the taxpayer during the taxable year in an 221
288281 amount not to exceed sixty thousand dollars for the cost of full-time 222
289282 home health care, including, but not limited to, the cost of medical 223
290283 supplies and in-home services provided by a homemaker-companion 224
291284 agency as defined in section 20-670 and a home health agency as defined 225
292285 in section 19a-490; and 226
293286 (xxvii) To the extent not deductible in determining federal adjusted 227
294287 gross income or under any other provision of this subsection, ordinary 228
295288 and necessary expenses paid or incurred for the care of a qualifying 229
296289 individual, as defined in Sections 21(b)(1)(B) and 21(b)(1)(C) of the 230
297290 Internal Revenue Code, in an amount not to exceed sixty thousand 231
298291 dollars for the cost of full-time home health care, including, but not 232
299292 limited to, the cost of medical supplies and in-home services provided 233
300293 by a homemaker-companion agency as defined in section 20-670 and a 234
301-home health agency as defined in section 19a-490. 235 Committee Bill No. 274
294+home health agency as defined in section 19a-490. 235
295+Committee Bill No. 274
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308300 This act shall take effect as follows and shall amend the following
309301 sections:
310302
311303 Section 1 from passage and
312304 applicable to taxable years
313305 commencing on or after
314306 January 1, 2021
315307 12-701(a)(20)(B)
316308
317-AGE Joint Favorable C/R FIN
309+Statement of Purpose:
310+To allow a state income tax deduction of up to sixty thousand dollars
311+for the cost of full-time home health care.
312+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
313+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
314+underlined.]
315+
316+Co-Sponsors: SEN. KELLY, 21st Dist.; REP. BOLINSKY, 106th Dist.
317+
318+S.B. 274
319+
318320