Connecticut 2021 Regular Session

Connecticut Senate Bill SB01106 Latest Draft

Bill / Introduced Version Filed 04/13/2021

                                
 
 
 
 
 
LCO No. 6728  	1 of 20 
 
General Assembly  Raised Bill No. 1106  
January Session, 2021 
LCO No. 6728 
 
 
Referred to Committee on FINANCE, REVENUE AND 
BONDING  
 
 
Introduced by:  
(FIN)  
 
 
 
 
AN ACT ESTABLISHING THE CONNECTICUT EQUI TABLE 
INVESTMENT FUND AND DEDICATING CERTAIN REVENUES TO 
SAID FUND. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective January 1, 2022) (a) For taxable years 1 
commencing on or after January 1, 2022, there is imposed a surcharge 2 
on a taxpayer, excluding trusts or estates, whose Connecticut adjusted 3 
gross income is equal to or greater than the threshold amount specified 4 
in section 12-700 of the general statutes for imposition of the highest 5 
marginal rate on such taxpayer. Such surcharge shall be at the rate of 6 
two per cent of the net gain from the sale or exchange of capital assets, 7 
as determined for federal income tax purposes. The surcharge shall be 8 
in addition to any other tax, fee or surcharge for which the taxpayer is 9 
liable.  10 
(b) (1) Each taxpayer subject to the surcharge shall file a report with 11 
the Commissioner of Revenue Services, in such form and containing 12 
such information as the commissioner prescribes, on or before the 13  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	2 of 20 
 
fifteenth day of the fourth month following the close of the taxpayer's 14 
taxable year. Such return shall accurately set forth the amount of the net 15 
gain calculated pursuant to subsection (a) of this section for the 16 
preceding taxable year and the amount of the taxpayer's surcharge 17 
liability for such year. A taxpayer required to file a report shall, without 18 
assessment, notice or demand, pay any surcharge due thereon to the 19 
commissioner on or before the date specified in this subsection, 20 
determined without regard to any extension of time for filing the report. 21 
(2) All revenue collected pursuant to this section and any interest and 22 
penalty related thereto shall be deposited in the Connecticut Equity 23 
Investment Fund established under section 7 of this act. 24 
(c) If any person fails to pay the amount of the surcharge reported 25 
due on a report within the time specified, there shall be imposed a 26 
penalty equal to ten per cent of such amount due and unpaid, or fifty 27 
dollars, whichever is greater. Such amount shall bear interest at the rate 28 
of one per cent per month or fraction thereof, from the due date of such 29 
surcharge until the date of payment. Subject to the provisions of section 30 
12-3a of the general statutes, the commissioner may waive all or part of 31 
the penalties provided under this section when it is proven to the 32 
commissioner's satisfaction that the failure to pay any surcharge was 33 
due to reasonable cause and was not intentional or due to neglect. 34 
(d) The provisions of sections 12-550 to 12-554, inclusive, and section 35 
12-555a of the general statutes shall apply to the provisions of this 36 
section in the same manner and with the same force and effect as if the 37 
language of said sections had been incorporated in full into this section 38 
and had expressly referred to the surcharge under this section, except to 39 
the extent that any provision is inconsistent with a provision in this 40 
section. 41 
(e) The commissioner may adopt regulations, in accordance with the 42 
provisions of chapter 54 of the general statutes, to implement the 43 
provisions of this section. 44 
Sec. 2. (NEW) (Effective from passage) (a) As used in this section: 45  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	3 of 20 
 
(1) "Employer" means an employer required to deduct and withhold 46 
tax from wages pursuant to section 12-705 of the general statutes; and 47 
(2) "Electing employee" means an employee of an employer, who (A) 48 
is required to have amounts withheld from wages pursuant to section 49 
12-705 of the general statutes, (B) receives an annual gross income for 50 
wages from such employer of more than forty thousand dollars, and (C) 51 
elects to participate in the wage compensation tax program established 52 
under subsection (b) of this section. 53 
(b) (1) There is established, for taxable years commencing on or after 54 
January 1, 2022, a wage compensation tax program under which any 55 
employee may elect to participate in such program and the employer of 56 
such electing employee shall pay a tax on the wages of each employee 57 
who elects to participate in such program. 58 
(2) There is imposed a tax on each employer that employs an electing 59 
employee, in an amount equal to five per cent of such electing 60 
employee's wages. Each such employer shall remit the tax to the 61 
Department of Revenue Services in accordance with the provisions of 62 
subsection (f) of this section. All revenue collected pursuant to this 63 
section and any interest and penalty related thereto shall be deposited 64 
in the Connecticut Equity Investment Fund established under section 7 65 
of this act. 66 
(3) Each electing employee shall be allowed (A) a credit against the 67 
tax imposed under chapter 229 of the general statutes, as provided in 68 
subsection (g) of this section, and (B) a deduction from such electing 69 
employee's federal adjusted gross income, as provided in subdivision 70 
(20) of subsection (a) of section 12-701 of the general statutes, as 71 
amended by this act, for contributions made to a Roth individual 72 
retirement account under 26 USC 408A, as amended from time to time. 73 
(c) (1) Each employer shall inform its current and newly hired 74 
employees of the wage compensation tax program and provide to each 75 
employee (A) information about how such employee may elect to 76 
participate in such program, and (B) an estimated tax table that provides 77  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	4 of 20 
 
projections of what such employee's wages and tax liability under 78 
chapter 229 of the general statutes might be if such employee 79 
participates in the program and what such wages and tax liability might 80 
be if such employee does not participate in the program.  81 
(2) No employer may prohibit an employee from participating in 82 
such program, except that each employer may establish a reasonable 83 
minimum period of time that an electing employee is required to 84 
maintain participation in such program. 85 
(d) (1) Each employer shall offer to pay, for any individual to whom 86 
such employer will be required to issue an Internal Revenue Service 87 
Form 1099 for any taxable year commencing on or after January 1, 2022, 88 
the tax set forth in subdivision (2) of subsection (b) of this section as if 89 
the amount reportable on said form were wages paid by such employer 90 
to the individual. Each employer shall provide to each such individual 91 
an estimated tax table that provides projections of what such 92 
individual's tax liability under chapter 229 of the general statutes might 93 
be if the employer paid such tax and what such tax liability might be if 94 
such tax is not paid. Each employer that pays the tax under this 95 
subdivision shall remit such tax to the Department of Revenue Services 96 
in accordance with the provisions of subsection (f) of this section. 97 
(2) Each individual for whom an employer has paid the tax under 98 
subdivision (1) of this subsection shall be allowed a credit against the 99 
tax imposed under chapter 229 of the general statutes, as provided in 100 
subsection (g) of this section. 101 
(e) The Department of Revenue Services shall assist employers in the 102 
preparation of the estimated tax tables required under subsections (c) 103 
and (d) of this section. 104 
(f) Any employer that is subject to the tax imposed under subsection 105 
(b) of this section or the payment of the tax under subsection (d) of this 106 
section shall remit such tax to the Department of Revenue Services at 107 
the same time and in the same manner such employer would be 108 
required to pay the tax under section 12-705 of the general statutes, and 109  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	5 of 20 
 
shall file a return in such form and manner as the commissioner 110 
prescribes. Any individual who is under a duty to act on behalf of an 111 
employer to comply with the provisions of this section shall be jointly 112 
and severally liable with the employer for any tax, amount, interest or 113 
penalty owed under this section. 114 
(g) For taxable years commencing on or after January 1, 2022, each 115 
electing employee, and each individual for whom an employer has paid 116 
the tax under subsection (d) of this section, shall be allowed a credit 117 
against the tax imposed under chapter 229 of the general statutes, in the 118 
amount of ninety-five per cent of (1) the taxes paid by the employer of 119 
such electing employee on such employee's wages, or (2) the taxes paid 120 
on behalf of such individual pursuant to subsection (d) of this section, 121 
as applicable. If the amount of the credit allowed pursuant to this 122 
subsection exceeds the electing employee's or individual's liability for 123 
the tax imposed under chapter 229 of the general statutes, the 124 
Commissioner of Revenue Services shall treat such excess as an 125 
overpayment and, except as provided under section 12-739 or 12-742 of 126 
the general statutes, shall refund the amount of such excess, without 127 
interest, to such electing employee or individual. 128 
(h) The provisions of sections 12-550 to 12-554, inclusive, and section 129 
12-555a of the general statutes shall apply to the provisions of this 130 
section in the same manner and with the same force and effect as if the 131 
language of said sections had been incorporated in full into this section 132 
and had expressly referred to the tax imposed under this section, except 133 
to the extent that any such provision is inconsistent with a provision of 134 
this section. 135 
Sec. 3. Subparagraph (B) of subdivision (20) of subsection (a) of 136 
section 12-701 of the general statutes is repealed and the following is 137 
substituted in lieu thereof (Effective January 1, 2022, and applicable to 138 
taxable years commencing on or after January 1, 2022): 139 
(B) There shall be subtracted therefrom: 140 
(i) To the extent properly includable in gross income for federal 141  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	6 of 20 
 
income tax purposes, any income with respect to which taxation by any 142 
state is prohibited by federal law; 143 
(ii) To the extent allowable under section 12-718, exempt dividends 144 
paid by a regulated investment company; 145 
(iii) To the extent properly includable in gross income for federal 146 
income tax purposes, the amount of any refund or credit for 147 
overpayment of income taxes imposed by this state, or any other state 148 
of the United States or a political subdivision thereof, or the District of 149 
Columbia; 150 
(iv) To the extent properly includable in gross income for federal 151 
income tax purposes and not otherwise subtracted from federal 152 
adjusted gross income pursuant to clause (x) of this subparagraph in 153 
computing Connecticut adjusted gross income, any tier 1 railroad 154 
retirement benefits; 155 
(v) To the extent any additional allowance for depreciation under 156 
Section 168(k) of the Internal Revenue Code for property placed in 157 
service after September 27, 2017, was added to federal adjusted gross 158 
income pursuant to subparagraph (A)(ix) of this subdivision in 159 
computing Connecticut adjusted gross income, twenty-five per cent of 160 
such additional allowance for depreciation in each of the four 161 
succeeding taxable years; 162 
(vi) To the extent properly includable in gross income for federal 163 
income tax purposes, any interest income from obligations issued by or 164 
on behalf of the state of Connecticut, any political subdivision thereof, 165 
or public instrumentality, state or local authority, district or similar 166 
public entity created under the laws of the state of Connecticut; 167 
(vii) To the extent properly includable in determining the net gain or 168 
loss from the sale or other disposition of capital assets for federal income 169 
tax purposes, any gain from the sale or exchange of obligations issued 170 
by or on behalf of the state of Connecticut, any political subdivision 171 
thereof, or public instrumentality, state or local authority, district or 172  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	7 of 20 
 
similar public entity created under the laws of the state of Connecticut, 173 
in the income year such gain was recognized; 174 
(viii) Any interest on indebtedness incurred or continued to purchase 175 
or carry obligations or securities the interest on which is subject to tax 176 
under this chapter but exempt from federal income tax, to the extent that 177 
such interest on indebtedness is not deductible in determining federal 178 
adjusted gross income and is attributable to a trade or business carried 179 
on by such individual; 180 
(ix) Ordinary and necessary expenses paid or incurred during the 181 
taxable year for the production or collection of income which is subject 182 
to taxation under this chapter but exempt from federal income tax, or 183 
the management, conservation or maintenance of property held for the 184 
production of such income, and the amortizable bond premium for the 185 
taxable year on any bond the interest on which is subject to tax under 186 
this chapter but exempt from federal income tax, to the extent that such 187 
expenses and premiums are not deductible in determining federal 188 
adjusted gross income and are attributable to a trade or business carried 189 
on by such individual; 190 
(x) (I) For taxable years commencing prior to January 1, 2019, for a 191 
person who files a return under the federal income tax as an unmarried 192 
individual whose federal adjusted gross income for such taxable year is 193 
less than fifty thousand dollars, or as a married individual filing 194 
separately whose federal adjusted gross income for such taxable year is 195 
less than fifty thousand dollars, or for a husband and wife who file a 196 
return under the federal income tax as married individuals filing jointly 197 
whose federal adjusted gross income for such taxable year is less than 198 
sixty thousand dollars or a person who files a return under the federal 199 
income tax as a head of household whose federal adjusted gross income 200 
for such taxable year is less than sixty thousand dollars, an amount 201 
equal to the Social Security benefits includable for federal income tax 202 
purposes; 203 
(II) For taxable years commencing prior to January 1, 2019, for a 204  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	8 of 20 
 
person who files a return under the federal income tax as an unmarried 205 
individual whose federal adjusted gross income for such taxable year is 206 
fifty thousand dollars or more, or as a married individual filing 207 
separately whose federal adjusted gross income for such taxable year is 208 
fifty thousand dollars or more, or for a husband and wife who file a 209 
return under the federal income tax as married individuals filing jointly 210 
whose federal adjusted gross income from such taxable year is sixty 211 
thousand dollars or more or for a person who files a return under the 212 
federal income tax as a head of household whose federal adjusted gross 213 
income for such taxable year is sixty thousand dollars or more, an 214 
amount equal to the difference between the amount of Social Security 215 
benefits includable for federal income tax purposes and the lesser of 216 
twenty-five per cent of the Social Security benefits received during the 217 
taxable year, or twenty-five per cent of the excess described in Section 218 
86(b)(1) of the Internal Revenue Code; 219 
(III) For the taxable year commencing January 1, 2019, and each 220 
taxable year thereafter, for a person who files a return under the federal 221 
income tax as an unmarried individual whose federal adjusted gross 222 
income for such taxable year is less than seventy-five thousand dollars, 223 
or as a married individual filing separately whose federal adjusted gross 224 
income for such taxable year is less than seventy-five thousand dollars, 225 
or for a husband and wife who file a return under the federal income tax 226 
as married individuals filing jointly whose federal adjusted gross 227 
income for such taxable year is less than one hundred thousand dollars 228 
or a person who files a return under the federal income tax as a head of 229 
household whose federal adjusted gross income for such taxable year is 230 
less than one hundred thousand dollars, an amount equal to the Social 231 
Security benefits includable for federal income tax purposes; and 232 
(IV) For the taxable year commencing January 1, 2019, and each 233 
taxable year thereafter, for a person who files a return under the federal 234 
income tax as an unmarried individual whose federal adjusted gross 235 
income for such taxable year is seventy-five thousand dollars or more, 236 
or as a married individual filing separately whose federal adjusted gross 237 
income for such taxable year is seventy-five thousand dollars or more, 238  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	9 of 20 
 
or for a husband and wife who file a return under the federal income tax 239 
as married individuals filing jointly whose federal adjusted gross 240 
income from such taxable year is one hundred thousand dollars or more 241 
or for a person who files a return under the federal income tax as a head 242 
of household whose federal adjusted gross income for such taxable year 243 
is one hundred thousand dollars or more, an amount equal to the 244 
difference between the amount of Social Security benefits includable for 245 
federal income tax purposes and the lesser of twenty-five per cent of the 246 
Social Security benefits received during the taxable year, or twenty-five 247 
per cent of the excess described in Section 86(b)(1) of the Internal 248 
Revenue Code; 249 
(xi) To the extent properly includable in gross income for federal 250 
income tax purposes, any amount rebated to a taxpayer pursuant to 251 
section 12-746; 252 
(xii) To the extent properly includable in the gross income for federal 253 
income tax purposes of a designated beneficiary, any distribution to 254 
such beneficiary from any qualified state tuition program, as defined in 255 
Section 529(b) of the Internal Revenue Code, established and 256 
maintained by this state or any official, agency or instrumentality of the 257 
state; 258 
(xiii) To the extent allowable under section 12-701a, contributions to 259 
accounts established pursuant to any qualified state tuition program, as 260 
defined in Section 529(b) of the Internal Revenue Code, established and 261 
maintained by this state or any official, agency or instrumentality of the 262 
state; 263 
(xiv) To the extent properly includable in gross income for federal 264 
income tax purposes, the amount of any Holocaust victims' settlement 265 
payment received in the taxable year by a Holocaust victim; 266 
(xv) To the extent properly includable in gross income for federal 267 
income tax purposes of an account holder, as defined in section 31-268 
51ww, interest earned on funds deposited in the individual 269 
development account, as defined in section 31-51ww, of such account 270  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	10 of 20 
 
holder; 271 
(xvi) To the extent properly includable in the gross income for federal 272 
income tax purposes of a designated beneficiary, as defined in section 273 
3-123aa, interest, dividends or capital gains earned on contributions to 274 
accounts established for the designated beneficiary pursuant to the 275 
Connecticut Homecare Option Program for the Elderly established by 276 
sections 3-123aa to 3-123ff, inclusive; 277 
(xvii) To the extent properly includable in gross income for federal 278 
income tax purposes, any income received from the United States 279 
government as retirement pay for a retired member of (I) the Armed 280 
Forces of the United States, as defined in Section 101 of Title 10 of the 281 
United States Code, or (II) the National Guard, as defined in Section 101 282 
of Title 10 of the United States Code; 283 
(xviii) To the extent properly includable in gross income for federal 284 
income tax purposes for the taxable year, any income from the discharge 285 
of indebtedness in connection with any reacquisition, after December 286 
31, 2008, and before January 1, 2011, of an applicable debt instrument or 287 
instruments, as those terms are defined in Section 108 of the Internal 288 
Revenue Code, as amended by Section 1231 of the American Recovery 289 
and Reinvestment Act of 2009, to the extent any such income was added 290 
to federal adjusted gross income pursuant to subparagraph (A)(xi) of 291 
this subdivision in computing Connecticut adjusted gross income for a 292 
preceding taxable year; 293 
(xix) To the extent not deductible in determining federal adjusted 294 
gross income, the amount of any contribution to a manufacturing 295 
reinvestment account established pursuant to section 32-9zz in the 296 
taxable year that such contribution is made; 297 
(xx) To the extent properly includable in gross income for federal 298 
income tax purposes, (I) for the taxable year commencing January 1, 299 
2015, ten per cent of the income received from the state teachers' 300 
retirement system, (II) for the taxable years commencing January 1, 301 
2016, to January 1, 2020, inclusive, twenty-five per cent of the income 302  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	11 of 20 
 
received from the state teachers' retirement system, and (III) for the 303 
taxable year commencing January 1, 2021, and each taxable year 304 
thereafter, fifty per cent of the income received from the state teachers' 305 
retirement system or the percentage, if applicable, pursuant to clause 306 
(xxi) of this subparagraph; 307 
(xxi) To the extent properly includable in gross income for federal 308 
income tax purposes, except for retirement benefits under clause (iv) of 309 
this subparagraph and retirement pay under clause (xvii) of this 310 
subparagraph, for a person who files a return under the federal income 311 
tax as an unmarried individual whose federal adjusted gross income for 312 
such taxable year is less than seventy-five thousand dollars, or as a 313 
married individual filing separately whose federal adjusted gross 314 
income for such taxable year is less than seventy-five thousand dollars, 315 
or as a head of household whose federal adjusted gross income for such 316 
taxable year is less than seventy-five thousand dollars, or for a husband 317 
and wife who file a return under the federal income tax as married 318 
individuals filing jointly whose federal adjusted gross income for such 319 
taxable year is less than one hundred thousand dollars, (I) for the taxable 320 
year commencing January 1, 2019, fourteen per cent of any pension or 321 
annuity income, (II) for the taxable year commencing January 1, 2020, 322 
twenty-eight per cent of any pension or annuity income, (III) for the 323 
taxable year commencing January 1, 2021, forty-two per cent of any 324 
pension or annuity income, (IV) for the taxable year commencing 325 
January 1, 2022, fifty-six per cent of any pension or annuity income, (V) 326 
for the taxable year commencing January 1, 2023, seventy per cent of any 327 
pension or annuity income, (VI) for the taxable year commencing 328 
January 1, 2024, eighty-four per cent of any pension or annuity income, 329 
and (VII) for the taxable year commencing January 1, 2025, and each 330 
taxable year thereafter, any pension or annuity income; 331 
(xxii) The amount of lost wages and medical, travel and housing 332 
expenses, not to exceed ten thousand dollars in the aggregate, incurred 333 
by a taxpayer during the taxable year in connection with the donation 334 
to another person of an organ for organ transplantation occurring on or 335 
after January 1, 2017; 336  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	12 of 20 
 
(xxiii) To the extent properly includable in gross income for federal 337 
income tax purposes, the amount of any financial assistance received 338 
from the Crumbling Foundations Assistance Fund or paid to or on 339 
behalf of the owner of a residential building pursuant to sections 8-442 340 
and 8-443;  341 
(xxiv) To the extent properly includable in gross income for federal 342 
income tax purposes, the amount calculated pursuant to subsection (b) 343 
of section 12-704g for income received by a general partner of a venture 344 
capital fund, as defined in 17 CFR 275.203(l)-1, as amended from time to 345 
time; [and]  346 
(xxv) To the extent any portion of a deduction under Section 179 of 347 
the Internal Revenue Code was added to federal adjusted gross income 348 
pursuant to subparagraph (A)(xiv) of this subdivision in computing 349 
Connecticut adjusted gross income, twenty-five per cent of such 350 
disallowed portion of the deduction in each of the four succeeding 351 
taxable years; and 352 
(xxvi) The amount of contributions made during the applicable 353 
taxable year by an electing employee, as defined in section 2 of this act, 354 
to a Roth individual retirement account under 26 USC 408A, as 355 
amended from time to time, provided such electing employee was a 356 
participant in the wage compensation tax program established under 357 
section 1 of this act during at least six months of the applicable taxable 358 
year. 359 
Sec. 4. (NEW) (Effective January 1, 2022, and applicable to taxable years 360 
commencing on or after January 1, 2022) (a) As used in this section, 361 
"resident of the state" has the same meaning as provided in section 12-362 
701 of the general statutes. 363 
(b) (1) Each resident of this state whose federal adjusted gross income 364 
is one hundred forty thousand dollars or more shall be subject to a 365 
consumption tax calculated as set forth in subdivision (2) of this 366 
subsection.  367  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	13 of 20 
 
(2) Each such resident shall multiply the amount of such resident's 368 
federal adjusted gross income for the preceding taxable year by the 369 
adjustment rate provided herein and shall owe such tax in the resulting 370 
amount: 371 
T1  Federal adjusted gross income Adjustment rate 
T2  $140,000 to less than $185,000 	0.1% 
T3  $185,000 to less than $300,000 	0.5% 
T4  $300,000 to less than $600,000 	0.7% 
T5  $600,000 to less than $2,000,000 	0.7% 
T6  $2,000,000 to less than $13,000,000 1.4% 
T7  $13,000,000 or more 	1.5% 
 
(c) (1) Each taxpayer subject to the tax under subsection (b) of this 372 
section shall file a report with the Commissioner of Revenue Services, in 373 
such form and containing such information as the commissioner 374 
prescribes, on or before the fifteenth day of the fourth month following 375 
the close of the taxpayer's taxable year. Such return shall accurately set 376 
forth the amount of the tax calculated pursuant to subsection (b) of this 377 
section for the preceding taxable year. A taxpayer required to file a 378 
report for the tax under this subsection shall, without assessment, notice 379 
or demand, pay the tax due to the commissioner on or before the date 380 
specified in this subsection, determined without regard to any extension 381 
of time for filing the report.  382 
(2) All revenue collected pursuant to this section and any interest and 383 
penalty related thereto shall be deposited in the Connecticut Equity 384 
Investment Fund established under section 7 of this act. 385 
(d) If any person fails to pay the amount of the tax reported due on a 386 
report within the time specified, there shall be imposed a penalty equal 387 
to ten per cent of such amount due and unpaid, or fifty dollars, 388 
whichever is greater. Such amount shall bear interest at the rate of one 389 
per cent per month or fraction thereof, from the due date of such tax 390 
until the date of payment. Subject to the provisions of section 12-3a of 391 
the general statutes, the commissioner may waive all or part of the 392 
penalties provided under this section when it is proven to the 393  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	14 of 20 
 
commissioner's satisfaction that the failure to pay any tax was due to 394 
reasonable cause and was not intentional or due to neglect. 395 
(e) The provisions of sections 12-550 to 12-554, inclusive, and section 396 
12-555a of the general statutes shall apply to the provisions of this 397 
section in the same manner and with the same force and effect as if the 398 
language of said sections had been incorporated in full into this section 399 
and had expressly referred to the tax imposed under this section, except 400 
to the extent that any such provision is inconsistent with a provision of 401 
this section. 402 
(f) The commissioner may adopt regulations, in accordance with the 403 
provisions of chapter 54 of the general statutes, to implement the 404 
provisions of this section. 405 
Sec. 5. (NEW) (Effective January 1, 2022) (a) As used in this section: 406 
(1) "Annual gross revenues" means income or revenue from all 407 
sources, prior to any expenses or taxes, computed in accordance with 408 
generally accepted accounting principles; 409 
(2) "Assessable base" means the annual gross revenues derived from 410 
digital advertising services in the state; 411 
(3) "Digital advertising services" means advertisement services on a 412 
digital interface, including banner advertising, search engine 413 
advertising, interstitial advertising and other comparable advertising 414 
services; and 415 
(4) "Digital interface" means any type of software, including an 416 
Internet web site or a part thereof or an application, that a person is able 417 
to access with a device.  418 
(b) (1) There is imposed a tax on the annual gross revenue of a person 419 
derived from digital advertising services in the state as follows: 420 
(A) Two and one-half per cent of the assessable base for a person with 421 
global annual gross revenues of one hundred million dollars up to and 422  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	15 of 20 
 
including one billion dollars; 423 
(B) Five per cent of the assessable base for a person with global annual 424 
gross revenues of more than one billion dollars up to and including five 425 
billion dollars; 426 
(C) Seven and one-half per cent of the assessable base for a person 427 
with global annual gross revenues of more than five billion dollars up 428 
to and including fifteen billion dollars; and 429 
(D) Ten per cent of the assessable base for a person with global annual 430 
gross revenues of more than fifteen billion dollars. 431 
(2) The Commissioner of Revenue Services shall adopt regulations, in 432 
accordance with the provisions of chapter 54 of the general statutes, to 433 
establish the methodology to determine the portion of the annual gross 434 
revenue of a person derived from digital advertising in the United States 435 
to be apportioned to the state for purposes of determining the assessable 436 
base under this section. 437 
(c) (1) Each taxpayer subject to the tax under this section shall file a 438 
report with the Commissioner of Revenue Services, in such form and 439 
manner and containing such information as the commissioner 440 
prescribes. Such return shall accurately set forth the amount of the tax 441 
calculated pursuant to subsection (b) of this section for the preceding 442 
income year. 443 
(2) All revenue collected pursuant to this section and any interest and 444 
penalty related thereto shall be deposited in the Connecticut Equity 445 
Investment Fund established under section 7 of this act. 446 
(d) If any person fails to pay the amount of the tax reported due on a 447 
report within the time specified, there shall be imposed a penalty equal 448 
to ten per cent of such amount due and unpaid, or fifty dollars, 449 
whichever is greater. Such amount shall bear interest at the rate of one 450 
per cent per month or fraction thereof, from the due date of such tax 451 
until the date of payment. Subject to the provisions of section 12-3a of 452  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	16 of 20 
 
the general statutes, the commissioner may waive all or part of the 453 
penalties provided under this section when it is proven to the 454 
commissioner's satisfaction that the failure to pay any tax was due to 455 
reasonable cause and was not intentional or due to neglect. 456 
(e) The provisions of sections 12-550 to 12-554, inclusive, and section 457 
12-555a of the general statutes shall apply to the provisions of this 458 
section in the same manner and with the same force and effect as if the 459 
language of said sections had been incorporated in full into this section 460 
and had expressly referred to the tax imposed under this section, except 461 
to the extent that any such provision is inconsistent with a provision of 462 
this section. 463 
Sec. 6. Subsection (i) of section 12-391 of the general statutes is 464 
repealed and the following is substituted in lieu thereof (Effective July 1, 465 
2021, and applicable to the estates of decedents dying on or after January 1, 466 
2021): 467 
(i) [The] With respect to the estates of decedents dying on or after 468 
January 1, 2021, the tax calculated pursuant to the provisions of this 469 
section shall be reduced in an amount equal to half of the amount 470 
invested by a decedent in a private investment fund or fund of funds 471 
pursuant to [subdivision (43) of section 32-39] section 7 of this act, 472 
provided (1) any such reduction shall not exceed five million dollars for 473 
any such decedent, and (2) any such amount invested by the decedent 474 
shall have been invested in such fund or fund of funds for ten years or 475 
more. [, and (3) the aggregate amount of all taxes reduced under this 476 
subsection shall not exceed thirty million dollars.]  477 
Sec. 7. (NEW) (Effective July 1, 2021) (a) There is established a fund to 478 
be known as the "Connecticut Equitable Investment Fund". The fund 479 
shall contain any moneys required by law to be deposited in the fund 480 
and shall be held in trust separate and apart from all other moneys, 481 
funds and accounts. Investment earnings credited to the assets of the 482 
fund shall become part of the assets of the fund. Any balance remaining 483 
in the fund at the end of any fiscal year shall be carried forward in the 484 
fund for the fiscal year next succeeding. Moneys in the fund shall be 485  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	17 of 20 
 
expended by the Connecticut Equitable Investment Council established 486 
pursuant to subsection (c) of this section to be used for the purposes set 487 
forth in this section. The Connecticut Equitable Investment Fund shall 488 
be a permanent investment fund to receive, invest and distribute 489 
dedicated tax revenues as provided in this section. 490 
(b) The following moneys shall be deposited in the fund:  491 
(1) The revenues from (A) the surcharge under section 1 of this act, 492 
(B) the wage compensation tax under section 2 of this act, (C) the 493 
consumption tax under section 4 of this act, and (D) the digital 494 
advertising tax under section 5 of this act;  495 
(2) The amounts of any private investment received pursuant to 496 
subdivision (5) of subsection (c) of this section, to be invested in 497 
accordance with the provisions of said subdivision; and 498 
(3) (A) The taxes collected and retained by the state on or after July 1, 499 
2021, on recreational cannabis and cannabis products, and (B) the 500 
revenues generated and retained by the state from any form of online 501 
wagering authorized on or after July 1, 2021. 502 
(c) (1) There is established the Connecticut Equitable Investment 503 
Council, which shall manage and oversee the Connecticut Equitable 504 
Investment Fund. The council shall consist of the following members: 505 
(A) The Governor, who shall serve as the chairperson of the council; (B) 506 
the Treasurer; (C) the Secretary of the Office of Policy and Management; 507 
and (D) six members of the public, two of whom shall be appointed by 508 
the Governor, two of whom shall be appointed by the president pro 509 
tempore of the Senate and two of whom shall be appointed by the 510 
speaker of the House of Representatives.  511 
(2) The chairperson shall schedule meetings as necessary to 512 
implement and accomplish the programs and strategies described in 513 
subdivision (3) of this subsection, provided such meetings shall be held 514 
not less than once every calendar quarter.  515  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	18 of 20 
 
(3) The council shall protect and grow the moneys in the fund for 516 
current and future generations through prudent, professional 517 
investment management and support the growth of the state's economy 518 
through investments-in-place programs and strategies that include, but 519 
are not limited to: 520 
(A) Building wealth in traditionally underserved communities by (i) 521 
attracting and retaining neighborhood wealth, (ii) providing financial, 522 
educational or related services to support initiatives that concentrate 523 
investments in human capital and infrastructure, (iii) rebuilding 524 
community assets through the construction, renovation or repair of 525 
neighborhood structures or assets, (iv) providing programs, services 526 
and assistance to support community reinvestment, (v) increasing 527 
owner-occupancy of residential buildings and supporting pathways to 528 
home ownership, and (vi) creating pipelines to employment; 529 
(B) Reducing income inequality in the state by (i) providing funding 530 
to allow the state to increase the earned income credit under section 12-531 
704e of the general statutes to forty per cent of the federal earned income 532 
credit claimed and allowed, (ii) compensating worker value over 533 
productivity, and (iii) expanding skill development and vocational and 534 
technical training opportunities; 535 
(C) Retaining and attracting talent to the state by increasing the 536 
availability of venture capital; and 537 
(D) Working with the state to reduce municipal reliance on property 538 
taxes through the establishment of a statewide commercial property tax 539 
credit and initiatives to prioritize municipal need and capacity, provide 540 
full funding for the grants in lieu of taxes program under section 12-18b 541 
of the general statutes, reduce or eliminate intertown tax rate 542 
advantages and monetize land use. 543 
(4) The council shall establish a review process and standards to 544 
evaluate the programs and strategies that will help it and the state 545 
achieve the goals described in subdivision (3) of this subsection and 546 
shall annually distribute not less than fifty per cent of the moneys in the 547  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	19 of 20 
 
fund, excluding the amount of any private investment received 548 
pursuant to subdivision (5) of this subsection, that are generated 549 
through revenue streams that are less volatile, as determined by the 550 
council. 551 
(5) The council shall establish a program to solicit private investment 552 
from state residents that the council will invest in a private investment 553 
fund or funds of funds, provided any such private investment shall be 554 
invested in venture capital firms (A) having offices located in the state, 555 
and (B) that support the growth of business operations of companies in 556 
the state in a manner that support the goals described in subdivision (3) 557 
of this subsection. 558 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 January 1, 2022 New section 
Sec. 2 from passage New section 
Sec. 3 January 1, 2022, and 
applicable to taxable years 
commencing on or after 
January 1, 2022 
12-701(a)(20)(B) 
Sec. 4 January 1, 2022, and 
applicable to taxable years 
commencing on or after 
January 1, 2022 
New section 
Sec. 5 January 1, 2022 New section 
Sec. 6 July 1, 2021, and 
applicable to the estates of 
decedents dying on or after 
January 1, 2021 
12-391(i) 
Sec. 7 July 1, 2021 New section 
 
Statement of Purpose:   
To establish the Connecticut Equitable Investment Fund and council 
and dedicate certain revenues to said fund to be used for certain 
purposes. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]  Raised Bill No.  1106 
 
 
 
LCO No. 6728   	20 of 20