LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408-R01- HB.docx 1 of 10 General Assembly Substitute Bill No. 5408 February Session, 2022 AN ACT CONCERNING THE QUALIFYING INCOME THRESHOLDS FOR CERTAIN PERSONAL INCOME TAX DEDUCTIONS FOR MARRIED INDIVIDUALS FILING JOINTLY. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subparagraph (B) of subdivision (20) of subsection (a) of 1 section 12-701 of the 2022 supplement to the general statutes is repealed 2 and the following is substituted in lieu thereof (Effective July 1, 2022, and 3 applicable to taxable years commencing on or after January 1, 2022): 4 (B) There shall be subtracted therefrom: 5 (i) To the extent properly includable in gross income for federal 6 income tax purposes, any income with respect to which taxation by any 7 state is prohibited by federal law; 8 (ii) To the extent allowable under section 12-718, exempt dividends 9 paid by a regulated investment company; 10 (iii) To the extent properly includable in gross income for federal 11 income tax purposes, the amount of any refund or credit for 12 overpayment of income taxes imposed by this state, or any other state 13 of the United States or a political subdivision thereof, or the District of 14 Columbia; 15 (iv) To the extent properly includable in gross income for federal 16 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 2 of 10 income tax purposes and not otherwise subtracted from federal 17 adjusted gross income pursuant to clause (x) of this subparagraph in 18 computing Connecticut adjusted gross income, any tier 1 railroad 19 retirement benefits; 20 (v) To the extent any additional allowance for depreciation under 21 Section 168(k) of the Internal Revenue Code for property placed in 22 service after September 27, 2017, was added to federal adjusted gross 23 income pursuant to subparagraph (A)(ix) of this subdivision in 24 computing Connecticut adjusted gross income, twenty-five per cent of 25 such additional allowance for depreciation in each of the four 26 succeeding taxable years; 27 (vi) To the extent properly includable in gross income for federal 28 income tax purposes, any interest income from obligations issued by or 29 on behalf of the state of Connecticut, any political subdivision thereof, 30 or public instrumentality, state or local authority, district or similar 31 public entity created under the laws of the state of Connecticut; 32 (vii) To the extent properly includable in determining the net gain or 33 loss from the sale or other disposition of capital assets for federal income 34 tax purposes, any gain from the sale or exchange of obligations issued 35 by or on behalf of the state of Connecticut, any political subdivision 36 thereof, or public instrumentality, state or local authority, district or 37 similar public entity created under the laws of the state of Connecticut, 38 in the income year such gain was recognized; 39 (viii) Any interest on indebtedness incurred or continued to purchase 40 or carry obligations or securities the interest on which is subject to tax 41 under this chapter but exempt from federal income tax, to the extent that 42 such interest on indebtedness is not deductible in determining federal 43 adjusted gross income and is attributable to a trade or business carried 44 on by such individual; 45 (ix) Ordinary and necessary expenses paid or incurred during the 46 taxable year for the production or collection of income which is subject 47 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 3 of 10 to taxation under this chapter but exempt from federal income tax, or 48 the management, conservation or maintenance of property held for the 49 production of such income, and the amortizable bond premium for the 50 taxable year on any bond the interest on which is subject to tax under 51 this chapter but exempt from federal income tax, to the extent that such 52 expenses and premiums are not deductible in determining federal 53 adjusted gross income and are attributable to a trade or business carried 54 on by such individual; 55 (x) (I) For taxable years commencing prior to January 1, 2019, for a 56 person who files a return under the federal income tax as an unmarried 57 individual whose federal adjusted gross income for such taxable year is 58 less than fifty thousand dollars, or as a married individual filing 59 separately whose federal adjusted gross income for such taxable year is 60 less than fifty thousand dollars, or for a husband and wife who file a 61 return under the federal income tax as married individuals filing jointly 62 whose federal adjusted gross income for such taxable year is less than 63 sixty thousand dollars or a person who files a return under the federal 64 income tax as a head of household whose federal adjusted gross income 65 for such taxable year is less than sixty thousand dollars, an amount 66 equal to the Social Security benefits includable for federal income tax 67 purposes; 68 (II) For taxable years commencing prior to January 1, 2019, for a 69 person who files a return under the federal income tax as an unmarried 70 individual whose federal adjusted gross income for such taxable year is 71 fifty thousand dollars or more, or as a married individual filing 72 separately whose federal adjusted gross income for such taxable year is 73 fifty thousand dollars or more, or for a husband and wife who file a 74 return under the federal income tax as married individuals filing jointly 75 whose federal adjusted gross income from such taxable year is sixty 76 thousand dollars or more or for a person who files a return under the 77 federal income tax as a head of household whose federal adjusted gross 78 income for such taxable year is sixty thousand dollars or more, an 79 amount equal to the difference between the amount of Social Security 80 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 4 of 10 benefits includable for federal income tax purposes and the lesser of 81 twenty-five per cent of the Social Security benefits received during the 82 taxable year, or twenty-five per cent of the excess described in Section 83 86(b)(1) of the Internal Revenue Code; 84 (III) For the taxable [year] years commencing January 1, 2019, [and 85 each taxable year thereafter] but prior to January 1, 2022, for a person 86 who files a return under the federal income tax as an unmarried 87 individual whose federal adjusted gross income for such taxable year is 88 less than seventy-five thousand dollars, or as a married individual filing 89 separately whose federal adjusted gross income for such taxable year is 90 less than seventy-five thousand dollars, or for a husband and wife who 91 file a return under the federal income tax as married individuals filing 92 jointly whose federal adjusted gross income for such taxable year is less 93 than one hundred thousand dollars or a person who files a return under 94 the federal income tax as a head of household whose federal adjusted 95 gross income for such taxable year is less than one hundred thousand 96 dollars, an amount equal to the Social Security benefits includable for 97 federal income tax purposes; [and] 98 (IV) For the taxable [year] years commencing January 1, 2019, [and 99 each taxable year thereafter] but prior to January 1, 2022, for a person 100 who files a return under the federal income tax as an unmarried 101 individual whose federal adjusted gross income for such taxable year is 102 seventy-five thousand dollars or more, or as a married individual filing 103 separately whose federal adjusted gross income for such taxable year is 104 seventy-five thousand dollars or more, or for a husband and wife who 105 file a return under the federal income tax as married individuals filing 106 jointly whose federal adjusted gross income from such taxable year is 107 one hundred thousand dollars or more or for a person who files a return 108 under the federal income tax as a head of household whose federal 109 adjusted gross income for such taxable year is one hundred thousand 110 dollars or more, an amount equal to the difference between the amount 111 of Social Security benefits includable for federal income tax purposes 112 and the lesser of twenty-five per cent of the Social Security benefits 113 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 5 of 10 received during the taxable year, or twenty-five per cent of the excess 114 described in Section 86(b)(1) of the Internal Revenue Code; 115 (V) For the taxable year commencing January 1, 2022, and each 116 taxable year thereafter, for a person who files a return under the federal 117 income tax as an unmarried individual whose federal adjusted gross 118 income for such taxable year is less than seventy-five thousand dollars, 119 or as a married individual filing separately whose federal adjusted gross 120 income for such taxable year is less than seventy-five thousand dollars, 121 or for a husband and wife who file a return under the federal income tax 122 as married individuals filing jointly whose federal adjusted gross 123 income for such taxable year is less than one hundred fifty thousand 124 dollars or a person who files a return under the federal income tax as a 125 head of household whose federal adjusted gross income for such taxable 126 year is less than one hundred thousand dollars, an amount equal to the 127 Social Security benefits includable for federal income tax purposes; and 128 (VI) For the taxable year commencing January 1, 2022, and each 129 taxable year thereafter, for a person who files a return under the federal 130 income tax as an unmarried individual whose federal adjusted gross 131 income for such taxable year is seventy-five thousand dollars or more, 132 or as a married individual filing separately whose federal adjusted gross 133 income for such taxable year is seventy-five thousand dollars or more, 134 or for a husband and wife who file a return under the federal income tax 135 as married individuals filing jointly whose federal adjusted gross 136 income from such taxable year is one hundred fifty thousand dollars or 137 more or for a person who files a return under the federal income tax as 138 a head of household whose federal adjusted gross income for such 139 taxable year is one hundred thousand dollars or more, an amount equal 140 to the difference between the amount of Social Security benefits 141 includable for federal income tax purposes and the lesser of twenty-five 142 per cent of the Social Security benefits received during the taxable year, 143 or twenty-five per cent of the excess described in Section 86(b)(1) of the 144 Internal Revenue Code; 145 (xi) To the extent properly includable in gross income for federal 146 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 6 of 10 income tax purposes, any amount rebated to a taxpayer pursuant to 147 section 12-746; 148 (xii) To the extent properly includable in the gross income for federal 149 income tax purposes of a designated beneficiary, any distribution to 150 such beneficiary from any qualified state tuition program, as defined in 151 Section 529(b) of the Internal Revenue Code, established and 152 maintained by this state or any official, agency or instrumentality of the 153 state; 154 (xiii) To the extent allowable under section 12-701a, contributions to 155 accounts established pursuant to any qualified state tuition program, as 156 defined in Section 529(b) of the Internal Revenue Code, established and 157 maintained by this state or any official, agency or instrumentality of the 158 state; 159 (xiv) To the extent properly includable in gross income for federal 160 income tax purposes, the amount of any Holocaust victims' settlement 161 payment received in the taxable year by a Holocaust victim; 162 (xv) To the extent properly includable in gross income for federal 163 income tax purposes of an account holder, as defined in section 31-164 51ww, interest earned on funds deposited in the individual 165 development account, as defined in section 31-51ww, of such account 166 holder; 167 (xvi) To the extent properly includable in the gross income for federal 168 income tax purposes of a designated beneficiary, as defined in section 169 3-123aa, interest, dividends or capital gains earned on contributions to 170 accounts established for the designated beneficiary pursuant to the 171 Connecticut Homecare Option Program for the Elderly established by 172 sections 3-123aa to 3-123ff, inclusive; 173 (xvii) To the extent properly includable in gross income for federal 174 income tax purposes, any income received from the United States 175 government as retirement pay for a retired member of (I) the Armed 176 Forces of the United States, as defined in Section 101 of Title 10 of the 177 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 7 of 10 United States Code, or (II) the National Guard, as defined in Section 101 178 of Title 10 of the United States Code; 179 (xviii) To the extent properly includable in gross income for federal 180 income tax purposes for the taxable year, any income from the discharge 181 of indebtedness in connection with any reacquisition, after December 182 31, 2008, and before January 1, 2011, of an applicable debt instrument or 183 instruments, as those terms are defined in Section 108 of the Internal 184 Revenue Code, as amended by Section 1231 of the American Recovery 185 and Reinvestment Act of 2009, to the extent any such income was added 186 to federal adjusted gross income pursuant to subparagraph (A)(xi) of 187 this subdivision in computing Connecticut adjusted gross income for a 188 preceding taxable year; 189 (xix) To the extent not deductible in determining federal adjusted 190 gross income, the amount of any contribution to a manufacturing 191 reinvestment account established pursuant to section 32-9zz in the 192 taxable year that such contribution is made; 193 (xx) To the extent properly includable in gross income for federal 194 income tax purposes, (I) for the taxable year commencing January 1, 195 2015, ten per cent of the income received from the state teachers' 196 retirement system, (II) for the taxable years commencing January 1, 197 2016, to January 1, 2020, inclusive, twenty-five per cent of the income 198 received from the state teachers' retirement system, and (III) for the 199 taxable year commencing January 1, 2021, and each taxable year 200 thereafter, fifty per cent of the income received from the state teachers' 201 retirement system or, for a taxpayer whose federal adjusted gross 202 income does not exceed the applicable threshold under clause (xxi) of 203 this subparagraph, the percentage pursuant to said clause of the income 204 received from the state teachers' retirement system, whichever 205 deduction is greater; 206 (xxi) To the extent properly includable in gross income for federal 207 income tax purposes, except for retirement benefits under clause (iv) of 208 this subparagraph and retirement pay under clause (xvii) of this 209 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 8 of 10 subparagraph, for a person who files a return under the federal income 210 tax as an unmarried individual whose federal adjusted gross income for 211 such taxable year is less than seventy-five thousand dollars, or as a 212 married individual filing separately whose federal adjusted gross 213 income for such taxable year is less than seventy-five thousand dollars, 214 or as a head of household whose federal adjusted gross income for such 215 taxable year is less than seventy-five thousand dollars, or for a husband 216 and wife who file a return under the federal income tax as married 217 individuals filing jointly whose federal adjusted gross income for [such] 218 taxable [year] years commencing prior to January 1, 2022, is less than 219 one hundred thousand dollars and for taxable years commencing on or 220 after January 1, 2022, is less than one hundred fifty thousand dollars, (I) 221 for the taxable year commencing January 1, 2019, fourteen per cent of 222 any pension or annuity income, (II) for the taxable year commencing 223 January 1, 2020, twenty-eight per cent of any pension or annuity income, 224 (III) for the taxable year commencing January 1, 2021, forty-two per cent 225 of any pension or annuity income, (IV) for the taxable year commencing 226 January 1, 2022, fifty-six per cent of any pension or annuity income, (V) 227 for the taxable year commencing January 1, 2023, seventy per cent of any 228 pension or annuity income, (VI) for the taxable year commencing 229 January 1, 2024, eighty-four per cent of any pension or annuity income, 230 and (VII) for the taxable year commencing January 1, 2025, and each 231 taxable year thereafter, any pension or annuity income; 232 (xxii) The amount of lost wages and medical, travel and housing 233 expenses, not to exceed ten thousand dollars in the aggregate, incurred 234 by a taxpayer during the taxable year in connection with the donation 235 to another person of an organ for organ transplantation occurring on or 236 after January 1, 2017; 237 (xxiii) To the extent properly includable in gross income for federal 238 income tax purposes, the amount of any financial assistance received 239 from the Crumbling Foundations Assistance Fund or paid to or on 240 behalf of the owner of a residential building pursuant to sections 8-442 241 and 8-443; 242 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 9 of 10 (xxiv) To the extent properly includable in gross income for federal 243 income tax purposes, the amount calculated pursuant to subsection (b) 244 of section 12-704g for income received by a general partner of a venture 245 capital fund, as defined in 17 CFR 275.203(l)-1, as amended from time to 246 time; 247 (xxv) To the extent any portion of a deduction under Section 179 of 248 the Internal Revenue Code was added to federal adjusted gross income 249 pursuant to subparagraph (A)(xiv) of this subdivision in computing 250 Connecticut adjusted gross income, twenty-five per cent of such 251 disallowed portion of the deduction in each of the four succeeding 252 taxable years; and 253 (xxvi) To the extent properly includable in gross income for federal 254 income tax purposes, for a person who files a return under the federal 255 income tax as an unmarried individual whose federal adjusted gross 256 income for such taxable year is less than seventy-five thousand dollars, 257 or as a married individual filing separately whose federal adjusted gross 258 income for such taxable year is less than seventy-five thousand dollars, 259 or as a head of household whose federal adjusted gross income for such 260 taxable year is less than seventy-five thousand dollars, or for a husband 261 and wife who file a return under the federal income tax as married 262 individuals filing jointly whose federal adjusted gross income for such 263 taxable year is less than one hundred fifty thousand dollars, (I) for the 264 taxable year commencing January 1, 2023, twenty-five per cent of any 265 distribution from an individual retirement account other than a Roth 266 individual retirement account, (II) for the taxable year commencing 267 January 1, 2024, fifty per cent of any distribution from an individual 268 retirement account other than a Roth individual retirement account, (III) 269 for the taxable year commencing January 1, 2025, seventy-five per cent 270 of any distribution from an individual retirement account other than a 271 Roth individual retirement account, and (IV) for the taxable year 272 commencing January 1, 2026, and each taxable year thereafter, any 273 distribution from an individual retirement account other than a Roth 274 individual retirement account. 275 Substitute Bill No. 5408 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05408- R01-HB.docx } 10 of 10 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, 2022 12-701(a)(20)(B) Statement of Legislative Commissioners: In Subpara. (B)(x)(III) and (IV), "year" was changed to "[year] years" for accuracy. FIN Joint Favorable Subst. -LCO