Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05127 Comm Sub / Bill

Filed 03/24/2022

                     
 
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General Assembly  Raised Bill No. 5127  
February Session, 2022 
LCO No. 1160 
 
 
Referred to Committee on COMMERCE  
 
 
Introduced by:  
(CE)  
 
 
 
AN ACT ESTABLISHING THE JOBSCT TAX REBATE PROGRAM.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2022, and applicable to taxable years 1 
commencing on or after January 1, 2023) (a) As used in this section: 2 
(1) "Commissioner" means the Commissioner of Economic and 3 
Community Development; 4 
(2) "Discretionary FTE" means an FTE that is paid qualified wages 5 
and does not meet the threshold wage requirements to be a qualified 6 
FTE but is approved by the commissioner pursuant to subdivision (4) of 7 
subsection (c) of this section; 8 
(3) "Distressed municipality" has the same meaning as provided in 9 
section 32-9p of the general statutes; 10 
(4) "Full-time equivalent" or "FTE" means the number of employees 11 
employed at a qualified business, calculated in accordance with 12 
subsection (d) of this section; 13  Raised Bill No. 5127 
 
 
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(5) "Full-time job" means a job in which an employee is required to 14 
work at least thirty-five or more hours per week. "Full-time job" does 15 
not include a temporary or seasonal job; 16 
(6) "Median household income" means the median annual household 17 
income for residents in a municipality as calculated from the U.S. 18 
Census Bureau's five-year American Community Survey or another 19 
data source, at the sole discretion of the commissioner; 20 
(7) "New employee" means a person or persons hired by the qualified 21 
business to fill a full-time equivalent position. A new employee does not 22 
include a person who was employed in this state by a related person 23 
with respect to the qualified business within twelve months prior to a 24 
qualified business' application to the commissioner for a rebate 25 
allocation notice for a job creation rebate pursuant to subsection (c) of 26 
this section;  27 
(8) "New FTEs" means the number of FTEs that (A) did not exist in 28 
this state at the time of a qualified business' application to the 29 
commissioner for a rebate allocation notice for a job creation rebate 30 
pursuant to subsection (c) of this section, (B) are not the result of FTEs 31 
acquired due to a merger or acquisition, (C) are filled by a new 32 
employee, (D) are qualified FTEs, and (E) are not FTEs hired to replace 33 
FTEs that existed in the state after January 1, 2020. The commissioner 34 
may issue guidance on the implementation of this definition; 35 
(9) "New FTEs created" means the number of new FTEs that the 36 
qualified business is employing at a point-in-time at the end of the 37 
relevant time period; 38 
(10) "New FTEs maintained" means the total number of new FTEs 39 
employed throughout a relevant time period; 40 
(11) "Opportunity zone" means a population census tract that is a 41 
low-income community that is designated as a "qualified opportunity 42 
zone" pursuant to the Tax Cuts and Jobs Act of 2017, P.L. 115-97, as 43 
amended from time to time; 44  Raised Bill No. 5127 
 
 
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(12) "Part-time job" means a job in which an employee is required to 45 
work less than thirty-five hours per week. "Part-time job" does not 46 
include a temporary or seasonal job; 47 
(13) "Qualified business" means a person that is (A) engaged in 48 
business in an industry related to finance, insurance, manufacturing, 49 
clean energy, bioscience, technology, digital media or any similar 50 
industry, as determined by the sole discretion of the commissioner, and 51 
(B) subject to taxation under chapter 207, 208 or 228z of the general 52 
statutes; 53 
(14) "Qualified FTE" means an FTE who is paid qualified wages of at 54 
least eighty-five per cent of the median household income for the 55 
location where the FTE position is primarily located, scaled in 56 
proportion to the FTE fraction, or thirty-seven thousand five hundred 57 
dollars, scaled in proportion to the FTE fraction, whichever is greater; 58 
(15) "Qualified wages" means wages sourced to this state pursuant to 59 
section 12-705 of the general statutes; 60 
(16) "Rebate period" means the calendar years in which a tax rebate 61 
provided for in this section is to be paid pursuant to a contract executed 62 
pursuant to subsection (c) of this section; and 63 
(17) "Related person" means (A) a corporation, limited liability 64 
company, partnership, association or trust controlled by the qualified 65 
business, (B) an individual, corporation, limited liability company, 66 
partnership, association or trust that is in control of the qualified 67 
business, (C) a corporation, limited liability company, partnership, 68 
association or trust controlled by an individual, corporation, limited 69 
liability company, partnership, association or trust that is in control of 70 
the qualified business, or (D) a member of the same controlled group as 71 
the qualified business. For the purposes of this subdivision, "control" 72 
means (i) ownership, directly or indirectly, of stock possessing fifty per 73 
cent or more of the total combined voting power of all classes of the 74 
stock of a corporation entitled to vote, (ii) ownership, directly or 75  Raised Bill No. 5127 
 
 
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indirectly, of fifty per cent or more of the capital or profits interest in a 76 
partnership, limited liability company or association, or (iii) ownership, 77 
directly or indirectly, of fifty per cent or more of the beneficial interest 78 
in the principal or income of a trust. The ownership of stock in a 79 
corporation, of a capital or profits interest in a partnership, of a limited 80 
liability company or association or of a beneficial interest in a trust shall 81 
be determined in accordance with the rules for constructive ownership 82 
of stock provided in Section 267(c) of the Internal Revenue Code of 1986, 83 
or any subsequent corresponding internal revenue code of the United 84 
States, as amended from time to time, other than paragraph (3) of said 85 
section. 86 
(b) There is established a JobsCT tax rebate program under which 87 
qualified businesses that create jobs in this state, in accordance with the 88 
provisions of this section, may be allowed a tax rebate, which shall be 89 
treated as a credit against the tax imposed under chapter 208 or 228z of 90 
the general statutes or as an offset of the tax imposed under chapter 207 91 
of the general statutes.  92 
(c) (1) To be eligible to claim a rebate under this section, a qualified 93 
business shall apply to the commissioner in accordance with the 94 
provisions of this subsection. The application shall be on a form 95 
prescribed by the commissioner and may require information, 96 
including, but not limited to, the number of new FTEs to be created by 97 
the qualified business, the number of current FTEs employed by the 98 
qualified business, feasibility studies or business plans for the increased 99 
number of FTEs, projected state and local revenue that may reasonably 100 
derive as a result of the increased number of FTEs and any other 101 
information necessary to determine whether there will be net benefits to 102 
the economy of the municipality or municipalities in which the qualified 103 
business is primarily located and the state. 104 
(2) Upon receipt of an application, the commissioner shall determine 105 
(A) whether the qualified business making the application will be 106 
reasonably able to meet the FTE hiring targets and other metrics as 107 
presented in such application, (B) whether such qualified business' 108  Raised Bill No. 5127 
 
 
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proposed job growth would provide a net benefit to economic 109 
development and employment opportunities in the state, and (C) 110 
whether such qualified business' proposed job growth will exceed the 111 
number of jobs at the business that existed prior to January 1, 2020. The 112 
commissioner may require the applicant to submit additional 113 
information to evaluate an application. Each qualified business making 114 
an application shall satisfy the requirements of this subdivision, as 115 
determined by the commissioner, to be eligible for the JobsCT tax rebate 116 
program.  117 
(3) The commissioner, upon consideration of an application and any 118 
additional information, may approve an application in whole or in part 119 
or may approve an application with amendments. If the commissioner 120 
disapproves an application, the commissioner shall identify the defects 121 
in such application and explain the specific reasons for the disapproval. 122 
The commissioner shall render a decision on an application not later 123 
than ninety days after the date of its receipt by the commissioner. 124 
(4) The commissioner may approve an application in whole or in part 125 
by a qualified business that creates new discretionary FTEs or may 126 
approve such an application with amendments if a majority of such new 127 
discretionary FTEs are individuals who (A) because of a disability, are 128 
receiving or have received services from the Department of Aging and 129 
Disability Services; (B) are receiving employment services from the 130 
Department of Mental Health and Addiction Services or participating in 131 
employment opportunities and day services, as defined in section 17a-132 
226 of the general statutes, operated or funded by the Department of 133 
Developmental Services; (C) have been unemployed for at least six of 134 
the preceding twelve months; (D) have been convicted of a 135 
misdemeanor or felony; (E) are veterans, as defined in section 27-103 of 136 
the general statutes; (F) have not earned any postsecondary credential 137 
and are not currently enrolled in an postsecondary institution or 138 
program; or (G) are currently enrolled in a workforce training program 139 
fully or substantially paid for by the employer that results in such 140 
individual earning a postsecondary credential. 141  Raised Bill No. 5127 
 
 
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(5) The commissioner may combine approval of an application with 142 
the exercise of any of the commissioner's other powers, including, but 143 
not limited to, the provision of other financial assistance. 144 
(6) The commissioner shall enter into a contract with an approved 145 
qualified business, which shall include, but need not be limited to, a 146 
requirement that the qualified business consent to the Department of 147 
Economic and Community Development's access of data compiled by 148 
other state agencies, including, but not limited to, the Labor 149 
Department, for the purposes of audit and enforcement and, if a 150 
qualified business is approved by the commissioner in accordance with 151 
subdivision (4) of this subsection, the required wage such business shall 152 
pay new discretionary FTEs to qualify for the tax rebates provided for 153 
in subsection (f) of this section. 154 
(7) Upon signing a contract with an approved qualified business, the 155 
commissioner shall issue a rebate allocation notice stating the maximum 156 
amount of each rebate available to such business for the rebate period 157 
and the specific terms that such business shall meet to qualify for each 158 
rebate. Such notice shall certify to the approved qualified business that 159 
the rebates may be claimed by such business if it meets the specific terms 160 
set forth in the notice. 161 
(d) For the purposes of this section, the FTE of a full-time job or part-162 
time job is based on the hours worked or expected to be worked by an 163 
employee in a calendar year. A job in which an employee worked or is 164 
expected to work one thousand seven hundred fifty hours or more in a 165 
calendar year equals one FTE. A job in which an employee worked or is 166 
expected to work less than one thousand seven hundred fifty hours 167 
equals a fraction of one FTE, where the fraction is the number of hours 168 
worked in a calendar year divided by one thousand seven hundred fifty. 169 
The commissioner shall have the discretion to adjust the calculation of 170 
FTE. 171 
(e) (1) In each calendar year of the rebate period, a qualified business 172 
approved by the commissioner pursuant to subdivision (3) of subsection 173  Raised Bill No. 5127 
 
 
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(c) of this section that employs at least twenty-five new FTEs in this state 174 
by December thirty-first of the calendar year that is two calendar years 175 
prior to the calendar year in which the rebate is being claimed shall be 176 
allowed a rebate equal to the greater of the following amounts: 177 
(A) The sum of: 178 
(i) The lesser of (I) the new FTEs created in an opportunity zone or 179 
distressed municipality on December thirty-first of the calendar year 180 
that is two calendar years prior to the calendar year in which the rebate 181 
is being claimed, or (II) the new FTEs maintained in an opportunity zone 182 
or distressed municipality in the previous calendar year, multiplied by 183 
fifty per cent of the income tax that would be paid on the average wage 184 
of the new FTEs, as determined by the applicable marginal rate set forth 185 
in chapter 229 of the general statutes for an unmarried individual based 186 
solely on such wages; and 187 
(ii) The lesser of (I) the new FTEs created on December thirty-first of 188 
the calendar year that is two calendar years prior to the calendar year in 189 
which the rebate is being claimed, or (II) the new FTEs maintained in a 190 
location other than an opportunity zone or distressed municipality in 191 
the previous calendar year, multiplied by twenty-five per cent of the 192 
income tax that would be paid on the average wage of the new FTEs, as 193 
determined by the applicable marginal rate set forth in chapter 229 of 194 
the general statutes for an unmarried individual based solely on such 195 
wages; or 196 
(B) The greater of:  197 
(i) One thousand dollars multiplied by the lesser of (I) the new FTEs 198 
created by December thirty-first of the calendar year that is two calendar 199 
years prior to the calendar year in which the rebate is being claimed, or 200 
(II) the new FTEs maintained in the calendar year immediately prior to 201 
the calendar year in which the rebate is being claimed; or 202 
(ii) For tax credits earned, claimed or payable prior to January 1, 2024, 203 
two thousand dollars multiplied by the lesser of (I) the new FTEs created 204  Raised Bill No. 5127 
 
 
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by December 31, 2022, or (II) the new FTEs maintained in the calendar 205 
year immediately prior to the calendar year in which the rebate is being 206 
claimed.  207 
(2) In no event shall the rebate under this subsection exceed in any 208 
calendar year of the rebate period five thousand dollars multiplied by 209 
the lesser of (A) the new FTEs created by December thirty-first of the 210 
calendar year that is two calendar years prior to the calendar year in 211 
which the rebate is being claimed, or (B) the new FTEs maintained in the 212 
calendar year immediately prior to the calendar year in which the rebate 213 
is being claimed. 214 
(3) In no event shall an approved qualified business receive a rebate 215 
under this subsection in any calendar year of the rebate period if such 216 
business has not maintained at least twenty-five new FTEs in the 217 
calendar year immediately prior to the calendar year in which the rebate 218 
is being claimed. 219 
(f) (1) In each calendar year of the rebate period, a qualified business 220 
approved by the commissioner pursuant to subdivision (4) of subsection 221 
(c) of this section that employs at least twenty-five new discretionary 222 
FTEs in this state by December thirty-first of the calendar year that is 223 
two calendar years prior to the calendar year in which the rebate is being 224 
claimed shall be allowed a rebate equal to the sum of the amount 225 
calculated pursuant to subdivision (1) of subsection (e) of this section 226 
and the greater of the following: 227 
(A) The sum of: 228 
(i) The lesser of the new discretionary FTEs (I) created in an 229 
opportunity zone or distressed municipality on December thirty-first of 230 
the calendar year that is two calendar years prior to the calendar year in 231 
which the rebate is being claimed, or (II) maintained in an opportunity 232 
zone or distressed municipality in the previous calendar year, 233 
multiplied by fifty per cent of the income tax that would be paid on the 234 
average wage of the new discretionary FTEs, as determined by the 235  Raised Bill No. 5127 
 
 
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applicable marginal rate set forth in chapter 229 of the general statutes 236 
for an unmarried individual based solely on such wages; and 237 
(ii) The lesser of the new discretionary FTEs (I) created on December 238 
thirty-first of the calendar year that is two calendar years prior to the 239 
calendar year in which the rebate is being claimed, or (II) maintained in 240 
a location other than an opportunity zone or distressed municipality in 241 
the previous calendar year, multiplied by twenty-five per cent of the 242 
income tax that would be paid on the average wage of the new 243 
discretionary FTEs, as determined by the applicable marginal rate set 244 
forth in chapter 229 of the general statutes for an unmarried individual 245 
based solely on such wages; or 246 
(B) The greater of: 247 
(i) Seven hundred fifty dollars multiplied by the lesser of the new 248 
discretionary FTEs (I) created by December thirty-first of the calendar 249 
year that is two calendar years prior to the calendar year in which the 250 
rebate is being claimed, or (II) maintained in the calendar year 251 
immediately prior to the calendar year in which the rebate is being 252 
claimed; or 253 
(ii) For tax credits earned, claimed or payable prior to January 1, 2024, 254 
one thousand five hundred dollars multiplied by the lesser of (I) the new 255 
FTEs created by December 31, 2022, or (II) the new FTEs maintained in 256 
the calendar year immediately prior to the calendar year in which the 257 
rebate is being claimed. 258 
(2) In no event shall the rebate under this section exceed in any 259 
calendar year of the rebate period five thousand dollars multiplied by 260 
the lesser of the new discretionary FTEs (A) created by December thirty-261 
first of the calendar year that is two calendar years prior to the calendar 262 
year in which the rebate is being claimed, or (B) maintained in the 263 
calendar year immediately prior to the calendar year in which the rebate 264 
is being claimed.  265 
(3) In no event shall an approved qualified business receive a rebate 266  Raised Bill No. 5127 
 
 
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under this subsection in any calendar year of the rebate period if such 267 
business has not maintained at least twenty-five new discretionary FTEs 268 
in the calendar year immediately prior to the calendar year in which the 269 
rebate is being claimed. 270 
(g) (1) Notwithstanding the provisions of subdivisions (3) and (4) of 271 
subsection (c) of this section, the commissioner may not approve an 272 
application in whole or in part if the full amount of rebates that such 273 
applicant may be paid pursuant to subsection (e) or (f) of this section 274 
would result in the aggregate amount of rebates issued to all approved 275 
qualified businesses under this section exceeding forty million dollars 276 
in any fiscal year. 277 
(2) Notwithstanding the provisions of subdivision (4) of subsection 278 
(c) of this section, the commissioner may not approve an application in 279 
whole or in part if the full amount of rebates that such applicant may be 280 
paid pursuant to subsection (f) of this section would result in the 281 
aggregate amount of rebates issued pursuant to subsection (f) of this 282 
section exceeding ten million dollars in any fiscal year. 283 
(h) (1) A rebate under this section may be granted to an approved 284 
qualified business for not more than seven successive calendar years. A 285 
rebate shall not be granted until at least twenty-four months after the 286 
commissioner's approval of a qualified business' application. 287 
(2) An approved qualified business that has fewer than twenty-five 288 
new FTEs created in each of two consecutive calendar years or, if such 289 
business is approved by the commissioner pursuant to subdivision (4) 290 
of subsection (c) of this section, fewer than twenty-five new 291 
discretionary FTEs in each of two consecutive calendar years shall 292 
forfeit all remaining rebate allocations, unless the commissioner 293 
recognizes mitigating circumstances of a regional or national nature, 294 
including, but not limited to, a recession. 295 
(i) Not later than January thirty-first of each year during the rebate 296 
period, each approved qualified business shall provide information to 297  Raised Bill No. 5127 
 
 
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the commissioner regarding the number of new FTEs or new 298 
discretionary FTEs created or maintained during the prior calendar year 299 
and the qualified wages of such new employees. Any information 300 
provided under this subsection shall be subject to audit by the 301 
Department of Economic and Community Development.  302 
(j) Not later than March fifteenth of each year during the rebate 303 
period, the Department of Economic and Community Development 304 
shall issue the approved qualified business a rebate voucher that sets 305 
forth the amount of the rebate, as calculated pursuant to subsections (e) 306 
and (f) of this section, and the taxable year against which such rebate 307 
may be claimed. The approved qualified business shall claim such 308 
rebate as a credit against the taxes due under chapter 208 or 228z of the 309 
general statutes or as an offset of the tax imposed under chapter 207 of 310 
the general statutes. The commissioner shall annually provide to the 311 
Commissioner of Revenue Services a report detailing all rebate vouchers 312 
that have been issued under this section. 313 
(k) Beginning on January 1, 2023, and annually thereafter, the 314 
commissioner, in consultation with the office of the State Comptroller 315 
and the Auditors of Public Accounts, shall submit a report to the Office 316 
of Policy and Management on the expenses of the JobsCT tax rebate 317 
program and the number of FTEs and discretionary FTEs created and 318 
maintained. 319 
Sec. 2. (NEW) (Effective July 1, 2022, and applicable to taxable years 320 
commencing on or after January 1, 2023) As used in this section, "affected 321 
business entity" and "member" have the same meanings as provided in 322 
subsection (a) of section 12-699 of the general statutes. An affected 323 
business entity that receives a rebate under section 1 of this act shall 324 
claim such rebate as a credit against the tax due under chapter 228z of 325 
the general statutes. If the amount of the rebate allowed pursuant to 326 
section 1 of this act exceeds the liability for the tax imposed under 327 
chapter 228z of the general statutes, the Commissioner of Revenue 328 
Services shall treat such excess as an overpayment and shall refund the 329 
amount of such excess, without interest, to the taxpayer. With respect to 330  Raised Bill No. 5127 
 
 
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an affected business entity granted a rebate pursuant to section 1 of this 331 
act, the credit available to the members of such entity pursuant to 332 
subdivision (1) of subsection (g) of section 12-699 of the general statutes 333 
shall be based upon the amount of tax due under chapter 228z of the 334 
general statutes from such entity prior to the application of the rebate 335 
granted pursuant to section 1 of this act and any other payments made 336 
against such tax due. 337 
Sec. 3. Subsection (b) of section 12-211a of the general statutes is 338 
repealed and the following is substituted in lieu thereof (Effective July 1, 339 
2022, and applicable to taxable years commencing on or after January 1, 2023): 340 
[(b) (1) For a calendar year commencing on or after January 1, 2011, 341 
and prior to January 1, 2013, the amount of tax credit or credits 342 
otherwise allowable against the tax imposed under this chapter for such 343 
calendar year may exceed the amount specified in subsection (a) of this 344 
section only by the amount computed under subparagraph (A) of 345 
subdivision (2) of this subsection, provided in no event may the amount 346 
of tax credit or credits otherwise allowable against the tax imposed 347 
under this chapter for such calendar year exceed one hundred per cent 348 
of the amount of tax due from such taxpayer under this chapter with 349 
respect to such calendar year of the taxpayer prior to the application of 350 
such credit or credits. 351 
(2) (A) The taxpayer's average monthly net employee gain for a 352 
calendar year shall be multiplied by six thousand dollars. 353 
(B) The taxpayer's average monthly net employee gain for a calendar 354 
year shall be computed as follows: For each month in the calendar year, 355 
the taxpayer shall subtract from the number of its employees in this state 356 
on the last day of such month the number of its employees in this state 357 
on the first day of the calendar year. The taxpayer shall total the 358 
differences for the twelve months in the calendar year, and such total, 359 
when divided by twelve, shall be the taxpayer's average monthly net 360 
employee gain for the calendar year. For purposes of this computation, 361 
only employees who are required to work at least thirty-five hours per 362  Raised Bill No. 5127 
 
 
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week and only employees who were not employed in this state by a 363 
related person, as defined in section 12-217ii, within the twelve months 364 
prior to the first day of the calendar year may be taken into account in 365 
computing the number of employees. 366 
(C) If the taxpayer's average monthly net employee gain is zero or 367 
less than zero, the taxpayer may not exceed the amount specified in 368 
subsection (a) of this section.]  369 
(b) The amount of the rebate computed under section 1 of this act 370 
shall be treated as an offset of the tax due under chapter 207 and may 371 
exceed the amount specified in subsection (a) of this section. If the 372 
amount of the rebate allowed pursuant to section 1 of this act exceeds 373 
the taxpayer's liability for the tax imposed under this chapter, the 374 
commissioner shall treat such excess as an overpayment and shall 375 
refund the amount of such excess, without interest, to the taxpayer.  376 
Sec. 4. Subsection (b) of section 12-217zz of the general statutes is 377 
repealed and the following is substituted in lieu thereof (Effective July 1, 378 
2022, and applicable to taxable years commencing on or after January 1, 2023): 379 
[(b) (1) For an income year commencing on or after January 1, 2011, 380 
and prior to January 1, 2013, the amount of tax credit or credits 381 
otherwise allowable against the tax imposed under this chapter for such 382 
income year may exceed the amount specified in subsection (a) of this 383 
section only by the amount computed under subparagraph (A) of 384 
subdivision (2) of this subsection, provided in no event may the amount 385 
of tax credit or credits otherwise allowable against the tax imposed 386 
under this chapter for such income year exceed one hundred per cent of 387 
the amount of tax due from such taxpayer under this chapter with 388 
respect to such income year of the taxpayer prior to the application of 389 
such credit or credits. 390 
(2) (A) The taxpayer's average monthly net employee gain for an 391 
income year shall be multiplied by six thousand dollars. 392 
(B) The taxpayer's average monthly net employee gain for an income 393  Raised Bill No. 5127 
 
 
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year shall be computed as follows: For each month in the taxpayer's 394 
income year, the taxpayer shall subtract from the number of its 395 
employees in this state on the last day of such month the number of its 396 
employees in this state on the first day of its income year. The taxpayer 397 
shall total the differences for the twelve months in such income year, 398 
and such total, when divided by twelve, shall be the taxpayer's average 399 
monthly net employee gain for the income year. For purposes of this 400 
computation, only employees who are required to work at least thirty-401 
five hours per week and only employees who were not employed in this 402 
state by a related person, as defined in section 12-217ii, within the twelve 403 
months prior to the first day of the income year may be taken into 404 
account in computing the number of employees. 405 
(C) If the taxpayer's average monthly net employee gain is zero or 406 
less than zero, the taxpayer may not exceed the seventy per cent limit 407 
imposed under subsection (a) of this section.] 408 
(b) The amount of the rebate computed under section 1 of this act 409 
shall be treated as a credit and may exceed the amount specified in 410 
subsection (a) of this section. If the amount of the rebate allowed 411 
pursuant to section 1 of this act exceeds the taxpayer's liability for the 412 
tax imposed under this chapter, the commissioner shall treat such excess 413 
as an overpayment and shall refund the amount of such excess, without 414 
interest, to the taxpayer.  415 
Sec. 5. Section 12-217aa of the general statutes is repealed and the 416 
following is substituted in lieu thereof (Effective July 1, 2022, and 417 
applicable to income years beginning on or after January 1, 2023): 418 
(a) Except as otherwise provided in section 12-217t and subsection (c) 419 
of this section, whenever a company is eligible to claim more than one 420 
corporation business tax credit, the credits shall be claimed for the 421 
income year in the following order: (1) Any credit that may be carried 422 
backward to a preceding income year or years shall first be claimed (A) 423 
with any credit carry-back that will expire first being claimed before any 424 
credit carry-back that will expire later or will not expire at all, and (B) if 425  Raised Bill No. 5127 
 
 
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the credit carry-backs will expire at the same time, in the order in which 426 
the company may receive the maximum benefit; (2) any credit that may 427 
not be carried backward to a preceding income year or years and that 428 
may not be carried forward to a succeeding income year or years shall 429 
next be claimed, in the order in which the company may receive the 430 
maximum benefit; and (3) any credit that may be carried forward to a 431 
succeeding income year or years shall next be claimed (A) with any 432 
credit carry-forward that will expire first being claimed before any 433 
credit carry-forward that will expire later or will not expire at all, and 434 
(B) if the credit carry-forwards will expire at the same time, in the order 435 
in which the company may receive the maximum benefit. 436 
(b) In no event shall any credit be claimed more than once. 437 
(c) The rebate allowed pursuant to section 1 of this act shall be 438 
claimed after all other credits have been claimed.  439 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2022, and 
applicable to taxable years 
commencing on or after 
January 1, 2023 
New section 
Sec. 2 July 1, 2022, and 
applicable to taxable years 
commencing on or after 
January 1, 2023 
New section 
Sec. 3 July 1, 2022, and 
applicable to taxable years 
commencing on or after 
January 1, 2023 
12-211a(b) 
Sec. 4 July 1, 2022, and 
applicable to taxable years 
commencing on or after 
January 1, 2023 
12-217zz(b)  Raised Bill No. 5127 
 
 
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Sec. 5 July 1, 2022, and 
applicable to income years 
beginning on or after 
January 1, 2023 
12-217aa 
 
CE Joint Favorable C/R 	FIN