Connecticut 2022 Regular Session

Connecticut House Bill HB05475 Compare Versions

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4-Substitute House Bill No. 5475
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6-Public Act No. 22-110
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5+General Assembly Substitute Bill No. 5475
6+February Session, 2022
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912 AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
10-RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS
11-TO THE TAX AND RELATED STATUTES.
13+RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO
14+THE TAX AND RELATED STATUTES.
1215 Be it enacted by the Senate and House of Representatives in General
1316 Assembly convened:
1417
15-Section 1. Subsection (a) of section 12-35 of the general statutes is
16-repealed and the following is substituted in lieu thereof (Effective October
17-1, 2022):
18-(a) (1) Wherever used in this chapter, unless otherwise provided,
19-"state collection agency" includes the Treasurer, the Commissioner of
20-Revenue Services and any other state official, board or commission
21-authorized by law to collect taxes payable to the state and any duly
22-appointed deputy of any such official, board or commission; "tax"
23-includes not only the principal of any tax but also all interest, penalties,
24-fees and other charges added thereto by law; and "serving officer"
25-includes any state marshal, constable or employee of such state
26-collection agency designated for such purpose by a state collection
27-agency and any person so designated by the Labor Commissioner.
28-(2) Upon the failure of any person to pay any tax, except any tax
29-under chapter 216, due the state within thirty days from its due date, the
30-state collection agency charged by law with its collection shall add Substitute House Bill No. 5475
31-
32-Public Act No. 22-110 2 of 71
33-
34-thereto such penalty or interest or both as are prescribed by law,
35-provided, (A) if any statutory penalty is not specified, there may be
36-added a penalty in the amount of ten per cent of the whole or such part
37-of the principal of the tax as is unpaid or fifty dollars, whichever amount
38-is greater, and [provided,] (B) if any statutory interest is not specified,
39-there shall be added interest at the rate of one per cent of the whole or
40-such part of the principal of the tax as is unpaid for each month or
41-fraction thereof, from the due date of such tax to the date of payment.
42-(3) Upon the failure of any person to pay any tax, except any tax
43-under chapter 216, due within thirty days of its due date, the state
44-collection agency charged by law with the collection of such tax may
45-make out and sign a warrant directed to any serving officer for distraint
46-upon any property of such person found within the state, whether real
47-or personal. An itemized bill shall be attached thereto, certified by the
48-state collection agency issuing such warrant as a true statement of the
49-amount due from such person.
50-(A) Such warrant shall have the same force and effect as an execution
51-issued pursuant to chapter 906. Such warrant may be levied on any real
52-property or tangible or intangible personal property of such person, and
53-sale made pursuant to such warrant in the same manner and with the
54-same force and effect as a levy of sale pursuant to an execution. In
55-addition thereto, if such warrant has been issued by the Commissioner
56-of Revenue Services, [his] the commissioner's deputy, the Labor
57-Commissioner, the executive director of the Employment Security
58-Division or any person in the Employment Security Division in a
59-position equivalent to or higher than the position presently held by a
60-revenue examiner four, [said] such serving officer shall be authorized to
61-place a keeper in any place of business and it shall be such keeper's duty
62-to secure the income of such business for the state and, when it is in the
63-best interest of the state, to force cessation of such business operation. In
64-addition, the Attorney General may collect any such tax by civil action. Substitute House Bill No. 5475
65-
66-Public Act No. 22-110 3 of 71
67-
68-Each serving officer so receiving a warrant shall make a return with
69-respect to such warrant to the appropriate collection agency within a
70-period of ten days following receipt of such warrant.
71-(B) Each serving officer shall collect from such person, in addition to
72-the amount shown on such warrant, [his] such officer's fees and charges,
73-which shall be twice those authorized by statute for serving officers,
74-provided the minimum charge shall be five dollars and money collected
75-pursuant to such warrant shall be first applied to the amount of any fees
76-and charges of the serving officer. In the case of an employee of the state
77-acting as a serving officer the fees and charges collected by such
78-employee shall inure to the benefit of the state.
79-(4) For the purposes of this [section] subsection, "keeper" means a
80-person who has been given authority by an officer authorized to serve a
81-tax warrant to act in the state's interest to secure the income of a business
82-for the state and, when it is in the best interest of the state, to force the
83-cessation of such business's operation, upon the failure of such business
84-to pay taxes owed to the state.
85-Sec. 2. Section 12-40 of the general statutes is repealed and the
86-following is substituted in lieu thereof (Effective October 1, 2022):
87-The assessors in each town, except as otherwise specially provided
88-by law, shall, on or before the fifteenth day of October annually, post on
89-the signposts therein, if any, or at some other exterior place near the
90-office of the town clerk, or publish in a newspaper published in such
91-town or, if no newspaper is published in such town, then in any
92-newspaper published in the state having a general circulation in such
93-town, a notice requiring all persons therein liable to pay taxes to bring
94-in a declaration of the taxable personal property belonging to them on
95-the first day of October in that year in accordance with section [12-42]
96-12-41 and the taxable personal property for which a declaration is
97-required in accordance with section 12-43, as amended by this act. Substitute House Bill No. 5475
98-
99-Public Act No. 22-110 4 of 71
100-
101-Sec. 3. Section 12-43 of the general statutes is repealed and the
102-following is substituted in lieu thereof (Effective October 1, 2022):
103-(a) Each owner of tangible personal property located in any town for
104-three months or more during the assessment year immediately
105-preceding any assessment day, who is a nonresident of such town, shall
106-file a declaration of such personal property with the assessors of the
107-town in which the same is located on such assessment day, if located in
108-such town for three months or more in such year, otherwise, in the town
109-in which such property is located for the three months or more in such
110-year nearest to such assessment day, under the same provisions as apply
111-to residents, and such personal property shall not be liable to taxation
112-in any other town in this state. The declaration of each nonresident
113-taxpayer shall contain the nonresident's post-office and street address.
114-(b) At least thirty days before the expiration of the time for filing such
115-declaration, the assessors shall mail blank declaration forms to each
116-nonresident, or to such nonresident's attorney or agent having custody
117-of the nonresident's taxable property, or send such forms electronically
118-to such nonresident's electronic mail address or the electronic mail
119-address of such nonresident's attorney or agent, provided such
120-nonresident has requested, in writing, to receive such forms
121-electronically. If the identity or mailing address of a nonresident
122-taxpayer is not discovered until after the expiration of time for filing a
123-declaration, the assessor shall, not later than ten days after determining
124-the identity or mailing address, mail a declaration form to the
125-nonresident taxpayer. [Said] Such taxpayer shall file the declaration not
126-later than fifteen days after the date such declaration form is sent. Each
127-nonresident taxpayer who fails to file a declaration in accordance with
128-the provisions of this section shall be subject to the penalty provided in
129-subsection (e) of section 12-41.
130-(c) As used in this section, "nonresident" means a person who does
131-not reside in the town in which such person's tangible personal property Substitute House Bill No. 5475
132-
133-Public Act No. 22-110 5 of 71
134-
135-is located on the assessment day, or a company, corporation, limited
136-liability company, partnership or any other type of business enterprise
137-that does not have an established place for conducting business in such
138-town on the assessment day.
139-Sec. 4. Section 12-44 of the general statutes is repealed and the
140-following is substituted in lieu thereof (Effective October 1, 2022):
141-Twenty-five per cent of the amount of the valuation of any property
142-taxable by any city, borough, school district, fire district or other
143-municipal association which bases its grand list upon that of the town
144-in which it is situated shall be added to such amount on the assessment
145-list of such municipal association in each case in which twenty-five per
146-cent has been added to such amount by such town for the failure to file
147-a list as prescribed by section [12-42] 12-41 or 12-43, as amended by this
148-act; but such penalty shall not be in addition to that previously imposed
149-in the town assessment.
150-Sec. 5. Section 12-54 of the general statutes is repealed and the
151-following is substituted in lieu thereof (Effective October 1, 2022):
152-Each person liable to give in a declaration of such person's taxable
153-tangible personal property and failing to do so may, within sixty days
154-after the expiration of the time fixed by law for filing such declaration,
155-be notified in writing by the [assessors] assessor or a majority of [them]
156-the board of assessors to appear before them to be examined under oath
157-as to such person's property liable to taxation and for the purpose of
158-verifying a declaration made out by them under the provisions of
159-section [12-42] 12-41. Any person who wilfully neglects or refuses to
160-appear before the assessors and make oath as to such person's taxable
161-property within ten days after having been so notified or who, having
162-appeared, refuses to answer shall be fined not more than one thousand
163-dollars. The assessors shall promptly notify the proper prosecuting
164-officers of any violation of any provision of this section. Nothing in this Substitute House Bill No. 5475
165-
166-Public Act No. 22-110 6 of 71
167-
168-section shall be construed to preclude the assessor from performing an
169-audit of such person's taxable personal property, as provided in section
170-12-53.
171-Sec. 6. Subsection (b) of section 12-57a of the general statutes is
172-repealed and the following is substituted in lieu thereof (Effective October
173-1, 2022):
174-(b) Whenever any such lessee of personal property fails to file the
175-information required in this section, it shall be assumed that any such
176-property in the lessee's possession is owned by the lessee, who shall be
177-subject to the penalty as provided in section [12-42] 12-41 in the same
178-manner as any owner of personal property who fails to file a personal
179-property declaration as required.
180-Sec. 7. Subsection (a) of section 12-111 of the 2022 supplement to the
181-general statutes is repealed and the following is substituted in lieu
182-thereof (Effective October 1, 2022):
183-(a) (1) Any person, including any lessee of real property whose lease
184-has been recorded as provided in section 47-19 and who is bound under
185-the terms of a lease to pay real property taxes and any person to whom
186-title to such property has been transferred since the assessment date,
187-claiming to be aggrieved by the doings of the assessors of such town
188-may appeal therefrom to the board of assessment appeals. Such appeal
189-shall be filed in writing or by electronic mail in a manner prescribed by
190-such board on or before February twentieth. The appeal shall include,
191-but is not limited to, the property owner's name, name and position of
192-the signer, description of the property which is the subject of the appeal,
193-name, mailing address and electronic mail address of the party to be
194-sent all correspondence by the board of assessment appeals, reason for
195-the appeal, appellant's estimate of value, signature of property owner,
196-or duly authorized agent of the property owner, and date of signature.
197-The board shall notify each aggrieved taxpayer who filed an appeal in Substitute House Bill No. 5475
198-
199-Public Act No. 22-110 7 of 71
200-
201-the proper form and in a timely manner, no later than March first
202-immediately following the assessment date, of the date, time and place
203-of the appeal hearing. Such notice shall be sent no later than seven
204-calendar days preceding the hearing date except that the board may
205-elect not to conduct an appeal hearing for any commercial, industrial,
206-utility or apartment property with an assessed value greater than one
207-million dollars.
208-(2) The board shall, not later than March first, notify the appellant
209-that the board has elected not to conduct an appeal hearing. An
210-appellant whose appeal will not be heard by the board may appeal
211-directly to the Superior Court pursuant to section 12-117a.
212-(3) The board shall determine all appeals for which the board
213-conducts an appeal hearing and send written notification of the final
214-determination of such appeals to each such person within one week
215-after such determination has been made. Such written notification shall
216-include information describing the property owner's right to appeal the
217-determination of such board. Such board may equalize and adjust the
218-grand list of such town and may increase or decrease the assessment of
219-any taxable property or interest therein and may add an assessment for
220-property omitted by the assessors which should be added thereto; and
221-may add to the grand list the name of any person omitted by the
222-assessors and owning taxable property in such town, placing therein all
223-property liable to taxation which it has reason to believe is owned by
224-such person, at the percentage of its actual valuation, as determined by
225-the assessors in accordance with the provisions of sections 12-64 and 12-
226-71, from the best information that it can obtain. [, and if] If such property
227-should have been included in the declaration, as required by section [12-
228-42] 12-41 or 12-43, as amended by this act, [it] the board shall add thereto
229-twenty-five per cent of such assessment; but, before proceeding to
230-increase the assessment of any person or to add to the grand list the
231-name of any person so omitted, [it] the board shall mail to such person, Substitute House Bill No. 5475
232-
233-Public Act No. 22-110 8 of 71
234-
235-postage paid, at least one week before making such increase or addition,
236-a written or printed notice addressed to such person at the town in
237-which such person resides, to appear before such board and show cause
238-why such increase or addition should not be made.
239-(4) When the board increases or decreases the gross assessment of any
240-taxable real property or interest therein, the amount of such gross
241-assessment shall be fixed until the assessment year in which the
242-municipality next implements a revaluation of all real property
243-pursuant to section 12-62, unless the assessor increases or decreases the
244-gross assessment of the property to [(1)] (A) comply with an order of a
245-court of jurisdiction, [(2)] (B) reflect an addition for new construction,
246-[(3)] (C) reflect a reduction for damage or demolition, or [(4)] (D) correct
247-a factual error by issuance of a certificate of correction. Notwithstanding
248-the provisions of this subsection, if, prior to the next revaluation, the
249-assessor increases or decreases a gross assessment established by the
250-board for any other reason, the assessor shall submit a written
251-explanation to the board setting forth the reason for such increase or
252-decrease. The assessor shall also append the written explanation to the
253-property card for the real estate parcel whose gross assessment was
254-increased or decreased.
255-Sec. 8. Subdivision (4) of section 12-120a of the general statutes is
256-repealed and the following is substituted in lieu thereof (Effective October
257-1, 2022):
258-(4) (A) For purposes of taxable registered motor vehicles, such report
259-shall include the total number of motor vehicles and the total assessed
260-value of such motor vehicles for each of the following classifications
261-related to use: (i) Passenger, (ii) commercial, (iii) combination, (iv) farm,
262-and (v) any other classification; (B) for purposes of taxable vehicles
263-which are not registered and mobile manufactured homes, such report
264-shall include the total number of such vehicles and mobile
265-manufactured homes and the total assessed value for each such Substitute House Bill No. 5475
266-
267-Public Act No. 22-110 9 of 71
268-
269-category; (C) for purposes of all other taxable personal property, such
270-report shall include the total value of each category of such property as
271-contained in the tax list required pursuant to sections [12-42] 12-41 and
272-12-43, as amended by this act.
273-Sec. 9. Subsection (a) of section 12-121f of the general statutes is
274-repealed and the following is substituted in lieu thereof (Effective October
275-1, 2022):
276-(a) An assessment list in any town, city or borough is not invalid as
277-to the taxpayers of the taxing district as a whole because the assessor
278-committed any one or more of the errors or omissions listed in
279-subdivisions (1) to (15), inclusive, of this subsection unless an action
280-contesting the validity of the assessment list is brought within four
281-months after the assessment date and the plaintiff establishes that the
282-assessor's error or omission will produce a substantial injustice to the
283-taxpayers as a whole:
284-(1) The assessor failed to give the legal notice required by section 12-
285-40, as amended by this act, that all persons liable to pay taxes in the
286-taxing district must, when required by law, bring in written or printed
287-lists of the taxable property belonging to them;
288-(2) The assessor received a list that is either not sworn to or not signed
289-by the person giving that list as required by section 12-49;
290-(3) The assessor received a list after the deadline specified by section
291-[12-42] 12-41 but neglected to fill out a list of the property described and
292-add to the assessment the penalty set by said section [12-42] for failing
293-to file before the deadline;
294-(4) The assessor failed to give the notice required by subsection (c) of
295-section 12-53 after adding property to the list of any person or
296-corporation making a sworn list; Substitute House Bill No. 5475
297-
298-Public Act No. 22-110 10 of 71
299-
300-(5) The assessor failed to give the notice required by subsection (c) of
301-section 12-53 after making out a list for a person or corporation that was
302-liable to pay taxes and failed to give a required list;
303-(6) The assessor failed to assess and set house lots separately in lists
304-as land as required by section [12-42] 12-63;
305-(7) The assessor failed to sign any assessment list, or did not sign the
306-assessment list of a town, city or borough collectively but signed the
307-assessment list individually for districts in the town, city or borough;
308-(8) The assessor failed, as required by subsection (a) of section 12-55,
309-to arrange an assessment list in alphabetical order, or to lodge the list in
310-the required office on or before the day designated by law, or at all;
311-(9) The assessor decreased valuations after the day on which the
312-assessment list was lodged or was required by law to be lodged in the
313-required office, but before the date on which the abstract of such list was
314-transmitted or was required to be transmitted to the Secretary of the
315-Office of Policy and Management;
316-(10) The assessor failed, as required by section 12-42, to fill out a list
317-for any person or corporation that failed to return a required list;
318-(11) The assessor incorrectly made an assessment list abstract
319-required by subsection (a) of section 12-55;
320-(12) The assessor failed to compare, sign, return, date or make oath to
321-an abstract of an assessment list of his or her town, as required by law,
322-or omitted from an abstract any part of the list of any person;
323-(13) The assessor did not take the oath required by law;
324-(14) The assessor failed to return to a district clerk an assessment list
325-of the district assessment; or Substitute House Bill No. 5475
326-
327-Public Act No. 22-110 11 of 71
328-
329-(15) The assessor omitted from the assessment list the taxable
330-property of any person or corporation liable to pay taxes.
331-Sec. 10. Section 12-170aa of the 2022 supplement to the general
332-statutes is repealed and the following is substituted in lieu thereof
333-(Effective October 1, 2022):
334-(a) There is established, for the assessment year commencing October
335-1, 1985, and each assessment year thereafter, a revised state program of
336-property tax relief for certain elderly homeowners as determined in
337-accordance with subsection (b) of this section, and additionally for the
338-assessment year commencing October 1, 1986, and each assessment year
339-thereafter, the property tax relief benefits of such program are made
340-available to certain homeowners who are permanently and totally
341-disabled as determined in accordance with [said] subsection (b) of this
342-section.
343-(b) (1) The program established by this section shall provide for a
344-reduction in property tax, except in the case of benefits payable as a
345-grant under certain circumstances in accordance with provisions in
346-subsection (j) of this section, applicable to the assessed value of certain
347-real property, determined in accordance with subsection (c) of this
348-section, for any (A) owner of real property, including any owner of real
349-property held in trust for such owner, provided such owner or such
350-owner and such owner's spouse are the grantor and beneficiary of such
351-trust, (B) tenant for life or tenant for a term of years liable for property
352-tax under section 12-48, or (C) resident of a multiple-dwelling complex
353-under certain contractual conditions as provided in [said] subsection (j)
354-of this section, who (i) at the close of the preceding calendar year has
355-attained age sixty-five or over, or whose spouse domiciled with such
356-homeowner, has attained age sixty-five or over at the close of the
357-preceding calendar year, or is fifty years of age or over and the surviving
358-spouse of a homeowner who at the time of [his] such homeowner's
359-death had qualified and was entitled to tax relief under this section, Substitute House Bill No. 5475
360-
361-Public Act No. 22-110 12 of 71
362-
363-provided such spouse was domiciled with such homeowner at the time
364-of [his] such homeowner's death, or (ii) at the close of the preceding
365-calendar year has not attained age sixty-five and is eligible in accordance
366-with applicable federal regulations to receive permanent total disability
367-benefits under Social Security, or has not been engaged in employment
368-covered by Social Security and accordingly has not qualified for benefits
369-thereunder but who has become qualified for permanent total disability
370-benefits under any federal, state or local government retirement or
371-disability plan, including the Railroad Retirement Act and any
372-government-related teacher's retirement plan, determined by the
373-Secretary of the Office of Policy and Management to contain
374-requirements in respect to qualification for such permanent total
375-disability benefits [which] that are comparable to such requirements
376-under Social Security; and in addition to qualification under clause (i)
377-or (ii) [above] of this subdivision, whose taxable and nontaxable income,
378-the total of which shall hereinafter be called "qualifying income", in the
379-tax year of such homeowner ending immediately preceding the date of
380-application for benefits under the program in this section, was not in
381-excess of sixteen thousand two hundred dollars, if unmarried, or twenty
382-thousand dollars, jointly with spouse if married, subject to adjustments
383-in accordance with subdivision (2) of this subsection, evidence of which
384-income shall be required in the form of a signed affidavit to be submitted
385-to the assessor in the municipality in which application for benefits
386-under this section is filed. Such affidavit may be filed electronically, in
387-a manner prescribed by the assessor. The amount of any Medicaid
388-payments made on behalf of such homeowner or the spouse of such
389-homeowner shall not constitute income. The amount of tax reduction
390-provided under this section, determined in accordance with and subject
391-to the variable factors in the schedule of amounts of tax reduction in
392-subsection (c) of this section, shall be allowed only with respect to a
393-residential dwelling owned by such qualified homeowner and used as
394-such homeowner's primary place of residence. If title to real property or
395-a tenancy interest liable for real property taxes is recorded in the name Substitute House Bill No. 5475
396-
397-Public Act No. 22-110 13 of 71
398-
399-of such qualified homeowner or his spouse making a claim and
400-qualifying under this section and any other person or persons, the
401-claimant hereunder shall be entitled to pay his fractional share of the tax
402-on such property calculated in accordance with the provisions of this
403-section, and such other person or persons shall pay his or their fractional
404-share of the tax without regard for the provisions of this section, unless
405-also qualified hereunder. For the purposes of this section, a "mobile
406-manufactured home", as defined in section 12-63a, or a dwelling on
407-leased land, including but not limited to a modular home, shall be
408-deemed to be real property and the word "taxes" shall not include
409-special assessments, interest and lien fees.
410-(2) The amounts of qualifying income as provided in this section shall
411-be adjusted annually in a uniform manner to reflect the annual inflation
412-adjustment in Social Security income, with each such adjustment of
413-qualifying income determined to the nearest one hundred dollars. Each
414-such adjustment of qualifying income shall be prepared by the Secretary
415-of the Office of Policy and Management in relation to the annual
416-inflation adjustment in Social Security, if any, becoming effective at any
417-time during the twelve-month period immediately preceding the first
418-day of October each year and the amount of such adjustment shall be
419-distributed to the assessors in each municipality not later than the thirty-
420-first day of December next following.
421-(3) For purposes of determining qualifying income under subdivision
422-(1) of this subsection with respect to a married homeowner who submits
423-an application for tax reduction in accordance with this section, the
424-Social Security income of the spouse of such homeowner shall not be
425-included in the qualifying income of such homeowner, for purposes of
426-determining eligibility for benefits under this section, if such spouse is
427-a resident of a health care or nursing home facility in this state receiving
428-payment related to such spouse under the Title XIX Medicaid program.
429-An applicant who is legally separated pursuant to the provisions of Substitute House Bill No. 5475
430-
431-Public Act No. 22-110 14 of 71
432-
433-section 46b-40, as of the thirty-first day of December preceding the date
434-on which such person files an application for a grant in accordance with
435-subsection (a) of this section, may apply as an unmarried person and
436-shall be regarded as such for purposes of determining qualifying income
437-under said subsection.
438-(c) The amount of reduction in property tax provided under this
439-section shall, subject to the provisions of subsection (d) of this section,
440-be determined in accordance with the following schedule:
18+Section 1. Subsection (a) of section 12-35 of the general statutes is 1
19+repealed and the following is substituted in lieu thereof (Effective October 2
20+1, 2022): 3
21+(a) (1) Wherever used in this chapter, unless otherwise provided, 4
22+"state collection agency" includes the Treasurer, the Commissioner of 5
23+Revenue Services and any other state official, board or commission 6
24+authorized by law to collect taxes payable to the state and any duly 7
25+appointed deputy of any such official, board or commission; "tax" 8
26+includes not only the principal of any tax but also all interest, penalties, 9
27+fees and other charges added thereto by law; and "serving officer" 10
28+includes any state marshal, constable or employee of such state 11
29+collection agency designated for such purpose by a state collection 12
30+agency and any person so designated by the Labor Commissioner. 13
31+(2) Upon the failure of any person to pay any tax, except any tax 14
32+under chapter 216, due the state within thirty days from its due date, the 15
33+state collection agency charged by law with its collection shall add 16
34+thereto such penalty or interest or both as are prescribed by law, 17 Substitute Bill No. 5475
35+
36+
37+LCO 2 of 68
38+
39+provided, (A) if any statutory penalty is not specified, there may be 18
40+added a penalty in the amount of ten per cent of the whole or such part 19
41+of the principal of the tax as is unpaid or fifty dollars, whichever amount 20
42+is greater, and [provided,] (B) if any statutory interest is not specified, 21
43+there shall be added interest at the rate of one per cent of the whole or 22
44+such part of the principal of the tax as is unpaid for each month or 23
45+fraction thereof, from the due date of such tax to the date of payment. 24
46+(3) Upon the failure of any person to pay any tax, except any tax 25
47+under chapter 216, due within thirty days of its due date, the state 26
48+collection agency charged by law with the collection of such tax may 27
49+make out and sign a warrant directed to any serving officer for distraint 28
50+upon any property of such person found within the state, whether real 29
51+or personal. An itemized bill shall be attached thereto, certified by the 30
52+state collection agency issuing such warrant as a true statement of the 31
53+amount due from such person. 32
54+(A) Such warrant shall have the same force and effect as an execution 33
55+issued pursuant to chapter 906. Such warrant may be levied on any real 34
56+property or tangible or intangible personal property of such person, and 35
57+sale made pursuant to such warrant in the same manner and with the 36
58+same force and effect as a levy of sale pursuant to an execution. In 37
59+addition thereto, if such warrant has been issued by the Commissioner 38
60+of Revenue Services, [his] the commissioner's deputy, the Labor 39
61+Commissioner, the executive director of the Employment Security 40
62+Division or any person in the Employment Security Division in a 41
63+position equivalent to or higher than the position presently held by a 42
64+revenue examiner four, [said] such serving officer shall be authorized to 43
65+place a keeper in any place of business and it shall be such keeper's duty 44
66+to secure the income of such business for the state and, when it is in the 45
67+best interest of the state, to force cessation of such business operation. In 46
68+addition, the Attorney General may collect any such tax by civil action. 47
69+Each serving officer so receiving a warrant shall make a return with 48
70+respect to such warrant to the appropriate collection agency within a 49
71+period of ten days following receipt of such warrant. 50 Substitute Bill No. 5475
72+
73+
74+LCO 3 of 68
75+
76+(B) Each serving officer shall collect from such person, in addition to 51
77+the amount shown on such warrant, [his] such officer's fees and charges, 52
78+which shall be twice those authorized by statute for serving officers, 53
79+provided the minimum charge shall be five dollars and money collected 54
80+pursuant to such warrant shall be first applied to the amount of any fees 55
81+and charges of the serving officer. In the case of an employee of the state 56
82+acting as a serving officer the fees and charges collected by such 57
83+employee shall inure to the benefit of the state. 58
84+(4) For the purposes of this [section] subsection, "keeper" means a 59
85+person who has been given authority by an officer authorized to serve a 60
86+tax warrant to act in the state's interest to secure the income of a business 61
87+for the state and, when it is in the best interest of the state, to force the 62
88+cessation of such business's operation, upon the failure of such business 63
89+to pay taxes owed to the state. 64
90+Sec. 2. Section 12-40 of the general statutes is repealed and the 65
91+following is substituted in lieu thereof (Effective October 1, 2022): 66
92+The assessors in each town, except as otherwise specially provided 67
93+by law, shall, on or before the fifteenth day of October annually, post on 68
94+the signposts therein, if any, or at some other exterior place near the 69
95+office of the town clerk, or publish in a newspaper published in such 70
96+town or, if no newspaper is published in such town, then in any 71
97+newspaper published in the state having a general circulation in such 72
98+town, a notice requiring all persons therein liable to pay taxes to bring 73
99+in a declaration of the taxable personal property belonging to them on 74
100+the first day of October in that year in accordance with section [12-42] 75
101+12-41 and the taxable personal property for which a declaration is 76
102+required in accordance with section 12-43, as amended by this act. 77
103+Sec. 3. Section 12-43 of the general statutes is repealed and the 78
104+following is substituted in lieu thereof (Effective October 1, 2022): 79
105+(a) Each owner of tangible personal property located in any town for 80
106+three months or more during the assessment year immediately 81
107+preceding any assessment day, who is a nonresident of such town, shall 82 Substitute Bill No. 5475
108+
109+
110+LCO 4 of 68
111+
112+file a declaration of such personal property with the assessors of the 83
113+town in which the same is located on such assessment day, if located in 84
114+such town for three months or more in such year, otherwise, in the town 85
115+in which such property is located for the three months or more in such 86
116+year nearest to such assessment day, under the same provisions as apply 87
117+to residents, and such personal property shall not be liable to taxation 88
118+in any other town in this state. The declaration of each nonresident 89
119+taxpayer shall contain the nonresident's post-office and street address. 90
120+(b) At least thirty days before the expiration of the time for filing such 91
121+declaration, the assessors shall mail blank declaration forms to each 92
122+nonresident, or to such nonresident's attorney or agent having custody 93
123+of the nonresident's taxable property, or send such forms electronically 94
124+to such nonresident's electronic mail address or the electronic mail 95
125+address of such nonresident's attorney or agent, provided such 96
126+nonresident has requested, in writing, to receive such forms 97
127+electronically. If the identity or mailing address of a nonresident 98
128+taxpayer is not discovered until after the expiration of time for filing a 99
129+declaration, the assessor shall, not later than ten days after determining 100
130+the identity or mailing address, mail a declaration form to the 101
131+nonresident taxpayer. [Said] Such taxpayer shall file the declaration not 102
132+later than fifteen days after the date such declaration form is sent. Each 103
133+nonresident taxpayer who fails to file a declaration in accordance with 104
134+the provisions of this section shall be subject to the penalty provided in 105
135+subsection (e) of section 12-41. 106
136+(c) As used in this section, "nonresident" means a person who does 107
137+not reside in the town in which such person's tangible personal property 108
138+is located on the assessment day, or a company, corporation, limited 109
139+liability company, partnership or any other type of business enterprise 110
140+that does not have an established place for conducting business in such 111
141+town on the assessment day. 112
142+Sec. 4. Section 12-44 of the general statutes is repealed and the 113
143+following is substituted in lieu thereof (Effective October 1, 2022): 114 Substitute Bill No. 5475
144+
145+
146+LCO 5 of 68
147+
148+Twenty-five per cent of the amount of the valuation of any property 115
149+taxable by any city, borough, school district, fire district or other 116
150+municipal association which bases its grand list upon that of the town 117
151+in which it is situated shall be added to such amount on the assessment 118
152+list of such municipal association in each case in which twenty-five per 119
153+cent has been added to such amount by such town for the failure to file 120
154+a list as prescribed by section [12-42] 12-41 or 12-43, as amended by this 121
155+act; but such penalty shall not be in addition to that previously imposed 122
156+in the town assessment. 123
157+Sec. 5. Section 12-54 of the general statutes is repealed and the 124
158+following is substituted in lieu thereof (Effective October 1, 2022): 125
159+Each person liable to give in a declaration of such person's taxable 126
160+tangible personal property and failing to do so may, within sixty days 127
161+after the expiration of the time fixed by law for filing such declaration, 128
162+be notified in writing by the [assessors] assessor or a majority of [them] 129
163+the board of assessors to appear before them to be examined under oath 130
164+as to such person's property liable to taxation and for the purpose of 131
165+verifying a declaration made out by them under the provisions of 132
166+section [12-42] 12-41. Any person who wilfully neglects or refuses to 133
167+appear before the assessors and make oath as to such person's taxable 134
168+property within ten days after having been so notified or who, having 135
169+appeared, refuses to answer shall be fined not more than one thousand 136
170+dollars. The assessors shall promptly notify the proper prosecuting 137
171+officers of any violation of any provision of this section. Nothing in this 138
172+section shall be construed to preclude the assessor from performing an 139
173+audit of such person's taxable personal property, as provided in section 140
174+12-53. 141
175+Sec. 6. Subsection (b) of section 12-57a of the general statutes is 142
176+repealed and the following is substituted in lieu thereof (Effective October 143
177+1, 2022): 144
178+(b) Whenever any such lessee of personal property fails to file the 145
179+information required in this section, it shall be assumed that any such 146 Substitute Bill No. 5475
180+
181+
182+LCO 6 of 68
183+
184+property in the lessee's possession is owned by the lessee, who shall be 147
185+subject to the penalty as provided in section [12-42] 12-41 in the same 148
186+manner as any owner of personal property who fails to file a personal 149
187+property declaration as required. 150
188+Sec. 7. Subsection (a) of section 12-111 of the 2022 supplement to the 151
189+general statutes is repealed and the following is substituted in lieu 152
190+thereof (Effective October 1, 2022): 153
191+(a) (1) Any person, including any lessee of real property whose lease 154
192+has been recorded as provided in section 47-19 and who is bound under 155
193+the terms of a lease to pay real property taxes and any person to whom 156
194+title to such property has been transferred since the assessment date, 157
195+claiming to be aggrieved by the doings of the assessors of such town 158
196+may appeal therefrom to the board of assessment appeals. Such appeal 159
197+shall be filed in writing or by electronic mail in a manner prescribed by 160
198+such board on or before February twentieth. The appeal shall include, 161
199+but is not limited to, the property owner's name, name and position of 162
200+the signer, description of the property which is the subject of the appeal, 163
201+name, mailing address and electronic mail address of the party to be 164
202+sent all correspondence by the board of assessment appeals, reason for 165
203+the appeal, appellant's estimate of value, signature of property owner, 166
204+or duly authorized agent of the property owner, and date of signature. 167
205+The board shall notify each aggrieved taxpayer who filed an appeal in 168
206+the proper form and in a timely manner, no later than March first 169
207+immediately following the assessment date, of the date, time and place 170
208+of the appeal hearing. Such notice shall be sent no later than seven 171
209+calendar days preceding the hearing date except that the board may 172
210+elect not to conduct an appeal hearing for any commercial, industrial, 173
211+utility or apartment property with an assessed value greater than one 174
212+million dollars. 175
213+(2) The board shall, not later than March first, notify the appellant 176
214+that the board has elected not to conduct an appeal hearing. An 177
215+appellant whose appeal will not be heard by the board may appeal 178
216+directly to the Superior Court pursuant to section 12-117a. 179 Substitute Bill No. 5475
217+
218+
219+LCO 7 of 68
220+
221+(3) The board shall determine all appeals for which the board 180
222+conducts an appeal hearing and send written notification of the final 181
223+determination of such appeals to each such person within one week 182
224+after such determination has been made. Such written notification shall 183
225+include information describing the property owner's right to appeal the 184
226+determination of such board. Such board may equalize and adjust the 185
227+grand list of such town and may increase or decrease the assessment of 186
228+any taxable property or interest therein and may add an assessment for 187
229+property omitted by the assessors which should be added thereto; and 188
230+may add to the grand list the name of any person omitted by the 189
231+assessors and owning taxable property in such town, placing therein all 190
232+property liable to taxation which it has reason to believe is owned by 191
233+such person, at the percentage of its actual valuation, as determined by 192
234+the assessors in accordance with the provisions of sections 12-64 and 12-193
235+71, from the best information that it can obtain. [, and if] If such property 194
236+should have been included in the declaration, as required by section [12-195
237+42] 12-41 or 12-43, as amended by this act, [it] the board shall add thereto 196
238+twenty-five per cent of such assessment; but, before proceeding to 197
239+increase the assessment of any person or to add to the grand list the 198
240+name of any person so omitted, [it] the board shall mail to such person, 199
241+postage paid, at least one week before making such increase or addition, 200
242+a written or printed notice addressed to such person at the town in 201
243+which such person resides, to appear before such board and show cause 202
244+why such increase or addition should not be made. 203
245+(4) When the board increases or decreases the gross assessment of any 204
246+taxable real property or interest therein, the amount of such gross 205
247+assessment shall be fixed until the assessment year in which the 206
248+municipality next implements a revaluation of all real property 207
249+pursuant to section 12-62, unless the assessor increases or decreases the 208
250+gross assessment of the property to [(1)] (A) comply with an order of a 209
251+court of jurisdiction, [(2)] (B) reflect an addition for new construction, 210
252+[(3)] (C) reflect a reduction for damage or demolition, or [(4)] (D) correct 211
253+a factual error by issuance of a certificate of correction. Notwithstanding 212
254+the provisions of this subsection, if, prior to the next revaluation, the 213 Substitute Bill No. 5475
255+
256+
257+LCO 8 of 68
258+
259+assessor increases or decreases a gross assessment established by the 214
260+board for any other reason, the assessor shall submit a written 215
261+explanation to the board setting forth the reason for such increase or 216
262+decrease. The assessor shall also append the written explanation to the 217
263+property card for the real estate parcel whose gross assessment was 218
264+increased or decreased. 219
265+Sec. 8. Subdivision (4) of section 12-120a of the general statutes is 220
266+repealed and the following is substituted in lieu thereof (Effective October 221
267+1, 2022): 222
268+(4) (A) For purposes of taxable registered motor vehicles, such report 223
269+shall include the total number of motor vehicles and the total assessed 224
270+value of such motor vehicles for each of the following classifications 225
271+related to use: (i) Passenger, (ii) commercial, (iii) combination, (iv) farm, 226
272+and (v) any other classification; (B) for purposes of taxable vehicles 227
273+which are not registered and mobile manufactured homes, such report 228
274+shall include the total number of such vehicles and mobile 229
275+manufactured homes and the total assessed value for each such 230
276+category; (C) for purposes of all other taxable personal property, such 231
277+report shall include the total value of each category of such property as 232
278+contained in the tax list required pursuant to sections [12-42] 12-41 and 233
279+12-43, as amended by this act. 234
280+Sec. 9. Subsection (a) of section 12-121f of the general statutes is 235
281+repealed and the following is substituted in lieu thereof (Effective October 236
282+1, 2022): 237
283+(a) An assessment list in any town, city or borough is not invalid as 238
284+to the taxpayers of the taxing district as a whole because the assessor 239
285+committed any one or more of the errors or omissions listed in 240
286+subdivisions (1) to (15), inclusive, of this subsection unless an action 241
287+contesting the validity of the assessment list is brought within four 242
288+months after the assessment date and the plaintiff establishes that the 243
289+assessor's error or omission will produce a substantial injustice to the 244
290+taxpayers as a whole: 245 Substitute Bill No. 5475
291+
292+
293+LCO 9 of 68
294+
295+(1) The assessor failed to give the legal notice required by section 12-246
296+40, as amended by this act, that all persons liable to pay taxes in the 247
297+taxing district must, when required by law, bring in written or printed 248
298+lists of the taxable property belonging to them; 249
299+(2) The assessor received a list that is either not sworn to or not signed 250
300+by the person giving that list as required by section 12-49; 251
301+(3) The assessor received a list after the deadline specified by section 252
302+[12-42] 12-41 but neglected to fill out a list of the property described and 253
303+add to the assessment the penalty set by said section [12-42] for failing 254
304+to file before the deadline; 255
305+(4) The assessor failed to give the notice required by subsection (c) of 256
306+section 12-53 after adding property to the list of any person or 257
307+corporation making a sworn list; 258
308+(5) The assessor failed to give the notice required by subsection (c) of 259
309+section 12-53 after making out a list for a person or corporation that was 260
310+liable to pay taxes and failed to give a required list; 261
311+(6) The assessor failed to assess and set house lots separately in lists 262
312+as land as required by section [12-42] 12-63; 263
313+(7) The assessor failed to sign any assessment list, or did not sign the 264
314+assessment list of a town, city or borough collectively but signed the 265
315+assessment list individually for districts in the town, city or borough; 266
316+(8) The assessor failed, as required by subsection (a) of section 12-55, 267
317+to arrange an assessment list in alphabetical order, or to lodge the list in 268
318+the required office on or before the day designated by law, or at all; 269
319+(9) The assessor decreased valuations after the day on which the 270
320+assessment list was lodged or was required by law to be lodged in the 271
321+required office, but before the date on which the abstract of such list was 272
322+transmitted or was required to be transmitted to the Secretary of the 273
323+Office of Policy and Management; 274 Substitute Bill No. 5475
324+
325+
326+LCO 10 of 68
327+
328+(10) The assessor failed, as required by section 12-42, to fill out a list 275
329+for any person or corporation that failed to return a required list; 276
330+(11) The assessor incorrectly made an assessment list abstract 277
331+required by subsection (a) of section 12-55; 278
332+(12) The assessor failed to compare, sign, return, date or make oath to 279
333+an abstract of an assessment list of his or her town, as required by law, 280
334+or omitted from an abstract any part of the list of any person; 281
335+(13) The assessor did not take the oath required by law; 282
336+(14) The assessor failed to return to a district clerk an assessment list 283
337+of the district assessment; or 284
338+(15) The assessor omitted from the assessment list the taxable 285
339+property of any person or corporation liable to pay taxes. 286
340+Sec. 10. Section 12-170aa of the 2022 supplement to the general 287
341+statutes is repealed and the following is substituted in lieu thereof 288
342+(Effective October 1, 2022): 289
343+(a) There is established, for the assessment year commencing October 290
344+1, 1985, and each assessment year thereafter, a revised state program of 291
345+property tax relief for certain elderly homeowners as determined in 292
346+accordance with subsection (b) of this section, and additionally for the 293
347+assessment year commencing October 1, 1986, and each assessment year 294
348+thereafter, the property tax relief benefits of such program are made 295
349+available to certain homeowners who are permanently and totally 296
350+disabled as determined in accordance with [said] subsection (b) of this 297
351+section. 298
352+(b) (1) The program established by this section shall provide for a 299
353+reduction in property tax, except in the case of benefits payable as a 300
354+grant under certain circumstances in accordance with provisions in 301
355+subsection (j) of this section, applicable to the assessed value of certain 302
356+real property, determined in accordance with subsection (c) of this 303
357+section, for any (A) owner of real property, including any owner of real 304 Substitute Bill No. 5475
358+
359+
360+LCO 11 of 68
361+
362+property held in trust for such owner, provided such owner or such 305
363+owner and such owner's spouse are the grantor and beneficiary of such 306
364+trust, (B) tenant for life or tenant for a term of years liable for property 307
365+tax under section 12-48, or (C) resident of a multiple-dwelling complex 308
366+under certain contractual conditions as provided in [said] subsection (j) 309
367+of this section, who (i) at the close of the preceding calendar year has 310
368+attained age sixty-five or over, or whose spouse domiciled with such 311
369+homeowner, has attained age sixty-five or over at the close of the 312
370+preceding calendar year, or is fifty years of age or over and the surviving 313
371+spouse of a homeowner who at the time of [his] such homeowner's 314
372+death had qualified and was entitled to tax relief under this section, 315
373+provided such spouse was domiciled with such homeowner at the time 316
374+of [his] such homeowner's death, or (ii) at the close of the preceding 317
375+calendar year has not attained age sixty-five and is eligible in accordance 318
376+with applicable federal regulations to receive permanent total disability 319
377+benefits under Social Security, or has not been engaged in employment 320
378+covered by Social Security and accordingly has not qualified for benefits 321
379+thereunder but who has become qualified for permanent total disability 322
380+benefits under any federal, state or local government retirement or 323
381+disability plan, including the Railroad Retirement Act and any 324
382+government-related teacher's retirement plan, determined by the 325
383+Secretary of the Office of Policy and Management to contain 326
384+requirements in respect to qualification for such permanent total 327
385+disability benefits [which] that are comparable to such requirements 328
386+under Social Security; and in addition to qualification under clause (i) 329
387+or (ii) [above] of this subdivision, whose taxable and nontaxable income, 330
388+the total of which shall hereinafter be called "qualifying income", in the 331
389+tax year of such homeowner ending immediately preceding the date of 332
390+application for benefits under the program in this section, was not in 333
391+excess of sixteen thousand two hundred dollars, if unmarried, or twenty 334
392+thousand dollars, jointly with spouse if married, subject to adjustments 335
393+in accordance with subdivision (2) of this subsection, evidence of which 336
394+income shall be required in the form of a signed affidavit to be submitted 337
395+to the assessor in the municipality in which application for benefits 338
396+under this section is filed. Such affidavit may be filed electronically, in 339 Substitute Bill No. 5475
397+
398+
399+LCO 12 of 68
400+
401+a manner prescribed by the assessor. The amount of any Medicaid 340
402+payments made on behalf of such homeowner or the spouse of such 341
403+homeowner shall not constitute income. The amount of tax reduction 342
404+provided under this section, determined in accordance with and subject 343
405+to the variable factors in the schedule of amounts of tax reduction in 344
406+subsection (c) of this section, shall be allowed only with respect to a 345
407+residential dwelling owned by such qualified homeowner and used as 346
408+such homeowner's primary place of residence. If title to real property or 347
409+a tenancy interest liable for real property taxes is recorded in the name 348
410+of such qualified homeowner or his spouse making a claim and 349
411+qualifying under this section and any other person or persons, the 350
412+claimant hereunder shall be entitled to pay his fractional share of the tax 351
413+on such property calculated in accordance with the provisions of this 352
414+section, and such other person or persons shall pay his or their fractional 353
415+share of the tax without regard for the provisions of this section, unless 354
416+also qualified hereunder. For the purposes of this section, a "mobile 355
417+manufactured home", as defined in section 12-63a, or a dwelling on 356
418+leased land, including but not limited to a modular home, shall be 357
419+deemed to be real property and the word "taxes" shall not include 358
420+special assessments, interest and lien fees. 359
421+(2) The amounts of qualifying income as provided in this section shall 360
422+be adjusted annually in a uniform manner to reflect the annual inflation 361
423+adjustment in Social Security income, with each such adjustment of 362
424+qualifying income determined to the nearest one hundred dollars. Each 363
425+such adjustment of qualifying income shall be prepared by the Secretary 364
426+of the Office of Policy and Management in relation to the annual 365
427+inflation adjustment in Social Security, if any, becoming effective at any 366
428+time during the twelve-month period immediately preceding the first 367
429+day of October each year and the amount of such adjustment shall be 368
430+distributed to the assessors in each municipality not later than the thirty-369
431+first day of December next following. 370
432+(3) For purposes of determining qualifying income under subdivision 371
433+(1) of this subsection with respect to a married homeowner who submits 372
434+an application for tax reduction in accordance with this section, the 373 Substitute Bill No. 5475
435+
436+
437+LCO 13 of 68
438+
439+Social Security income of the spouse of such homeowner shall not be 374
440+included in the qualifying income of such homeowner, for purposes of 375
441+determining eligibility for benefits under this section, if such spouse is 376
442+a resident of a health care or nursing home facility in this state receiving 377
443+payment related to such spouse under the Title XIX Medicaid program. 378
444+An applicant who is legally separated pursuant to the provisions of 379
445+section 46b-40, as of the thirty-first day of December preceding the date 380
446+on which such person files an application for a grant in accordance with 381
447+subsection (a) of this section, may apply as an unmarried person and 382
448+shall be regarded as such for purposes of determining qualifying income 383
449+under said subsection. 384
450+(c) The amount of reduction in property tax provided under this 385
451+section shall, subject to the provisions of subsection (d) of this section, 386
452+be determined in accordance with the following schedule: 387
453+
441454 T1 Qualifying Income Tax Reduction Tax Reduction
442455 T2 As Percentage For Any Year
443456 T3 Over Not Of Property Tax
444457 T4 Exceeding
445458 T5 Married Homeowners Maximum Minimum
446459 T6 $ 0 $11,700 50% $1,250 $400
447460 T7 11,700 15,900 40 1,000 350
448461 T8 15,900 19,700 30 750 250
449462 T9 19,700 23,600 20 500 150
450463 T10 23,600 28,900 10 250 150
451464 T11 28,900 None
452465 T12 Unmarried Homeowners
453466 T13 $ 0 $11,700 40% $1,000 $350
454467 T14 11,700 15,900 30 750 250
455468 T15 15,900 19,700 20 500 150
456469 T16 19,700 23,600 10 250 150
457470 T17 23,600 None
458-
459-(d) Any homeowner qualified for tax reduction in accordance with
460-subsection (b) of this section in an amount to be determined under the
461-schedule of such tax reduction in subsection (c) of this section, shall in
462-no event receive less in tax reduction than the minimum amount of such
463-reduction applicable to the qualifying income of such homeowner Substitute House Bill No. 5475
464-
465-Public Act No. 22-110 15 of 71
466-
467-according to the schedule in said subsection (c).
468-(e) (1) Any claim for tax reduction under this section shall be
469-submitted for approval, on the application form prepared for such
470-purpose by the Secretary of the Office of Policy and Management, in the
471-first year claim for such tax relief is filed and biennially thereafter. Such
472-application form may be submitted by mail or electronic mail, in a
473-manner prescribed by the secretary. The amount of tax reduction
474-approved shall be applied to the real property tax payable by the
475-homeowner for the assessment year in which such application is
476-submitted and approved. If any such homeowner has qualified for tax
477-reduction under this section, the tax reduction determined shall, when
478-possible, be applied and prorated uniformly over the number of
479-installments in which the real property tax is due and payable to the
480-municipality in which [he] such homeowner resides. In the case of any
481-homeowner who is eligible for tax reduction under this section as a
482-result of increases in qualifying income, [effective with respect to the
483-assessment year commencing October 1, 1987,] under the schedule of
484-qualifying income and tax reduction in subsection (c) of this section,
485-exclusive of any such increases related to [social security] Social Security
486-adjustments in accordance with subsection (b) of this section, the total
487-amount of tax reduction to which such homeowner is entitled shall be
488-credited and uniformly prorated against property tax installment
489-payments applicable to such homeowner's residence [which] that
490-become due after such homeowner's application for tax reduction under
491-this section is accepted. In the event that a homeowner has paid in full
492-the amount of property tax applicable to such homeowner's residence,
493-regardless of whether the municipality requires the payment of
494-property taxes in one or more installments, such municipality shall
495-make payment to such homeowner in the amount of the tax reduction
496-allowed. The municipality shall be reimbursed for the amount of such
497-payment in accordance with subsection (g) of this section. Substitute House Bill No. 5475
498-
499-Public Act No. 22-110 16 of 71
500-
501-(2) In respect to such application required biennially after the filing
502-and approval for the first year, the tax assessor in each municipality
503-shall notify each such homeowner concerning application requirements
504-by mail or, at such homeowner's option, electronic mail, not later than
505-February first, annually enclosing a copy of the required application
506-form. Such homeowner may submit such application to the assessor by
507-mail or electronic mail, in a manner prescribed by the assessor, provided
508-it is received by the assessor not later than April fifteenth in the
509-assessment year with respect to which such tax reduction is claimed.
510-Not later than April thirtieth of such year the assessor shall notify, by
511-mail evidenced by a certificate of mailing, any such homeowner for
512-whom such application was not received by said April fifteenth
513-concerning application requirements and such homeowner shall be
514-required not later than May fifteenth to submit such application
515-personally or by electronic mail, in a manner prescribed by the assessor,
516-or, for reasonable cause, by a person acting on behalf of such taxpayer
517-as approved by the assessor. In the year immediately following any year
518-in which such homeowner has submitted application and qualified for
519-tax reduction in accordance with this section, such homeowner shall be
520-presumed, without filing application therefor, to be qualified for tax
521-reduction in accordance with the schedule in subsection (c) of this
522-section in the same percentage of property tax as allowed in the year
523-immediately preceding.
524-(3) If any homeowner has qualified and received tax reduction under
525-this section and subsequently in any calendar year has qualifying
526-income in excess of the maximum described in this section, such
527-homeowner shall notify the tax assessor by mail or electronic mail, in a
528-manner prescribed by the assessor, on or before the next filing date and
529-shall be denied tax reduction under this section for the assessment year
530-and any subsequent year or until such homeowner has reapplied and
531-again qualified for benefits under this section. Any such person who
532-fails to so notify the tax assessor of his disqualification shall refund all Substitute House Bill No. 5475
533-
534-Public Act No. 22-110 17 of 71
535-
536-amounts of tax reduction improperly taken and be fined not more than
537-five hundred dollars.
538-(f) (1) Any homeowner, believing such homeowner is entitled to tax
539-reduction benefits under this section for any assessment year, shall
540-make application as required in subsection (e) of this section, to the
541-assessor of the municipality in which the homeowner resides, for such
542-tax reduction at any time from February first to and including May
543-fifteenth of the year in which tax reduction is claimed. A homeowner
544-may make application to the secretary prior to August fifteenth of the
545-claim year for an extension of the application period. The secretary may
546-grant such extension in the case of extenuating circumstance due to
547-illness or incapacitation as evidenced by a certificate signed by a
548-physician, physician assistant or an advanced practice registered nurse
549-to that extent, or if the secretary determines there is good cause for doing
550-so. Such application for tax reduction benefits shall be submitted on a
551-form prescribed and furnished by the secretary to the assessor. In
552-making application the homeowner shall present to such assessor, in
553-substantiation of such homeowner's application, a copy of such
554-homeowner's federal income tax return, including a copy of the Social
555-Security statement of earnings for such homeowner, and that of such
556-homeowner's spouse, if filed separately, for such homeowner's taxable
557-year ending immediately prior to the submission of such application, or
558-if not required to file a return, such other evidence of qualifying income
559-in respect to such taxable year as may be required by the assessor.
560-(2) When the assessor is satisfied that the applying homeowner is
561-entitled to tax reduction in accordance with this section, such assessor
562-shall issue a certificate of credit, in such form as the secretary may
563-prescribe and supply showing the amount of tax reduction allowed. A
564-duplicate of such certificate shall be delivered to the applicant and the
565-tax collector of the municipality and the assessor shall keep the fourth
566-copy of such certificate and a copy of the application. Any homeowner Substitute House Bill No. 5475
567-
568-Public Act No. 22-110 18 of 71
569-
570-who, for the purpose of obtaining a tax reduction under this section,
571-wilfully fails to disclose all matters related thereto or with intent to
572-defraud makes false statement shall refund all property tax credits
573-improperly taken and shall be fined not more than five hundred dollars.
574-(3) Applications filed under this section shall not be open for public
575-inspection.
576-(g) (1) On or before July first, annually, each municipality shall
577-submit to the secretary a claim for the tax reductions approved under
578-this section in relation to the assessment list of October first immediately
579-preceding. On or after December [1, 1987] first, annually, any
580-municipality that neglects to transmit to the secretary the claim as
581-required by this section shall forfeit two hundred fifty dollars to the
582-state, except that the secretary may waive such forfeiture in accordance
583-with procedures and standards established by regulations adopted in
584-accordance with chapter 54.
585-(2) Subject to procedures for review and approval of such data
586-pursuant to section 12-120b, said secretary shall, on or before December
587-fifteenth next following, certify to the Comptroller the amount due each
588-municipality as reimbursement for loss of property tax revenue related
589-to the tax reductions allowed under this section, except that the
590-secretary may reduce the amount due as reimbursement under this
591-section by up to one hundred per cent for any municipality that is not
592-eligible for a grant under section 32-9s. The Comptroller shall draw an
593-order on the Treasurer on or before the fifth business day following
594-December fifteenth and the Treasurer shall pay the amount due each
595-municipality not later than the thirty-first day of December.
596-(3) Any claimant aggrieved by the results of the secretary's review
597-shall have the rights of appeal as set forth in section 12-120b. The
598-amount of the grant payable to each municipality in any year in
599-accordance with this section shall be reduced proportionately in the Substitute House Bill No. 5475
600-
601-Public Act No. 22-110 19 of 71
602-
603-event that the total of such grants in such year exceeds the amount
604-appropriated for the purposes of this section with respect to such year.
605-(h) Any person who is the owner of a residential dwelling on leased
606-land, including any such person who is a sublessee under terms of the
607-lease agreement applicable to such land, shall be entitled to claim tax
608-relief under the provisions of this section, subject to all requirements
609-therein except as provided in this [subdivision] subsection, with respect
610-to property taxes paid by such person on the assessed value of such
611-dwelling, provided (1) the dwelling is such person's principal place of
612-residence, (2) such lease or sublease requires that such person as the
613-lessee or sublessee, whichever is applicable, pay all property taxes
614-related to the dwelling and (3) such lease or sublease is recorded in the
615-land records of the town.
616-(i) (1) If any person with respect to whom a claim for tax reduction in
617-accordance with this section has been approved for any assessment year
618-transfers, assigns, grants or otherwise conveys on or after the first day
619-of October but prior to the first day of August in such assessment year
620-the interest in real property to which such claim for tax credit is related,
621-regardless of whether such transfer, assignment, grant or conveyance is
622-voluntary or involuntary, the amount of such tax credit shall be a pro
623-rata portion of the amount otherwise applicable in such assessment year
624-to be determined by a fraction the numerator of which shall be the
625-number of full months from the first day of October in such assessment
626-year to the date of such conveyance and the denominator of which shall
627-be twelve. If such conveyance occurs in the month of October the
628-grantor shall be disqualified for tax credit in such assessment year. The
629-grantee shall be required within a period not exceeding ten days
630-immediately following the date of such conveyance to notify the
631-assessor thereof by mail or electronic mail, in a manner prescribed by
632-the assessor, or in the absence of such notice, upon determination by the
633-assessor that such transfer, assignment, grant or conveyance has Substitute House Bill No. 5475
634-
635-Public Act No. 22-110 20 of 71
636-
637-occurred, the assessor shall [(1)] (A) determine the amount of tax
638-reduction to which the grantor is entitled for such assessment year with
639-respect to the interest in real property conveyed and notify the tax
640-collector of the reduced amount of tax reduction applicable to such
641-interest, and [(2)] (B) notify the Secretary of the Office of Policy and
642-Management on or before the October first immediately following the
643-end of the assessment year in which such conveyance occurs of the
644-reduction in such tax reduction for purposes of a corresponding
645-adjustment in the amount of state payment to the municipality next
646-following as reimbursement for the revenue loss related to such tax
647-reductions. On or after December [1, 1987] first, annually, any
648-municipality [which] that neglects to transmit to the Secretary of the
649-Office of Policy and Management the claim as required by this section
650-shall forfeit two hundred fifty dollars to the state, [provided] except that
651-the secretary may waive such forfeiture in accordance with procedures
652-and standards established by regulations adopted in accordance with
653-chapter 54.
654-(2) Upon receipt of such notice from the assessor, the tax collector
655-shall, if such notice is received after the tax due date in the municipality,
656-within ten days thereafter mail, hand or deliver by electronic mail, at the
657-grantee's option, a bill to the grantee stating the additional amount of
658-tax due as determined by the assessor. Such tax shall be due and payable
659-and collectible as other property taxes and subject to the same liens and
660-processes of collection, provided such tax shall be due and payable in
661-an initial or single installment not sooner than thirty days after the date
662-such bill is mailed or handed to the grantee and in equal amounts in any
663-remaining, regular installments as the same are due and payable.
664-(j) (1) Notwithstanding the intent in subsections (a) to (i), inclusive,
665-of this section to provide for benefits in the form of property tax
666-reduction applicable to persons liable for payment of such property tax
667-and qualified in accordance with requirements related to age and Substitute House Bill No. 5475
668-
669-Public Act No. 22-110 21 of 71
670-
671-income as provided in subsection (b) of this section, a certain annual
672-benefit, determined in amount under the provisions of subsections (c)
673-and (d) of this section but payable in a manner as prescribed in this
674-subsection, shall be provided with respect to any person who (A) is
675-qualified in accordance with said requirements related to age and
676-income as provided in subsection (b) of this section, including
677-provisions concerning such person's spouse, and (B) is a resident of a
678-dwelling unit within a multiple-dwelling complex containing dwelling
679-units for occupancy by certain elderly persons under terms of a contract
680-between such resident and the owner of such complex, in accordance
681-with which contract such resident occupies a certain dwelling unit
682-subject to the express provision that such resident has no legal title,
683-interest or leasehold estate in the real or personal property of such
684-complex, and under the terms of which contract such resident agrees to
685-pay the owner of the complex a fee, as a condition precedent to
686-occupancy and a monthly or other such periodic fee thereafter as a
687-condition of continued occupancy. In no event shall any such resident
688-be qualified for benefits payable in accordance with this subsection if, as
689-determined by the assessor in the municipality in which such complex
690-is situated, such resident's contract with the owner of such complex, or
691-occupancy by such resident (i) confers upon such resident any
692-ownership interest in the dwelling unit occupied or in such complex, or
693-(ii) establishes a contract of lease of any type for the dwelling unit
694-occupied by such resident.
695-(2) The amount of annual benefit payable in accordance with this
696-subsection to any such resident, qualified as provided in subdivision (1)
697-of this subsection, shall be determined in relation to an assumed amount
698-of property tax liability applicable to the assessed value for the dwelling
699-unit which such resident occupies, as determined by the assessor in the
700-municipality in which such complex is situated. Annually, not later than
701-the first day of June, the assessor in such municipality, upon receipt of
702-an application for such benefit submitted in accordance with this Substitute House Bill No. 5475
703-
704-Public Act No. 22-110 22 of 71
705-
706-subsection by mail or electronic mail, in a manner prescribed by the
707-assessor, by any such resident, shall determine, with respect to the
708-assessment list in such municipality for the assessment year
709-commencing October first immediately preceding, the portion of the
710-assessed value of the entire complex, as included in such assessment list,
711-attributable to the dwelling unit occupied by such resident. The
712-assumed property tax liability for purposes of this subsection shall be
713-the product of such assessed value and the mill rate in such municipality
714-as determined for purposes of property tax imposed on said assessment
715-list for the assessment year commencing October first immediately
716-preceding. The amount of benefit to which such resident shall be
717-entitled for such assessment year shall be equivalent to the amount of
718-tax reduction for which such resident would qualify, considering such
719-assumed property tax liability to be the actual property tax applicable
720-to such resident's dwelling unit and such resident as liable for the
721-payment of such tax, in accordance with the schedule of qualifying
722-income and tax reduction as provided in subsection (c) of this section,
723-subject to provisions concerning maximum allowable benefit for any
724-assessment year under subsections (c) and (d) of this section. The
725-amount of benefit as determined for such resident in respect to any
726-assessment year shall be payable by the state as a grant to such resident
727-equivalent to the amount of property tax reduction to which such
728-resident would be entitled under subsections (a) to (i), inclusive, of this
729-section if such resident were the owner of such dwelling unit and
730-qualified for tax reduction benefits under said subsections (a) to (i),
731-inclusive.
732-(3) Any such resident entitled to a grant as provided in subdivision
733-(2) of this subsection shall be required to submit an application to the
734-assessor in the municipality in which such resident resides for such
735-grant by mail or electronic mail, in a manner prescribed by the assessor,
736-at any time from February first to and including the fifteenth day of May
737-in the year in which such grant is claimed, on a form prescribed and Substitute House Bill No. 5475
738-
739-Public Act No. 22-110 23 of 71
740-
741-furnished for such purpose by the Secretary of the Office of Policy and
742-Management. Any such resident submitting an application for such
743-grant shall be required to present to the assessor, in substantiation of
744-such application, a copy of such resident's federal income tax return,
745-and if not required to file a federal income tax return, such other
746-evidence of qualifying income, receipts for money received or cancelled
747-checks, or copies thereof, and any other evidence the assessor may
748-require. Not later than the first day of July in such year, the assessor shall
749-submit to the Secretary of the Office of Policy and Management (A) a
750-copy of the application prepared by such resident, together with such
751-resident's federal income tax return, if required to file such a return, and
752-any other information submitted in relation thereto, (B) determinations
753-of the assessor concerning the assessed value of the dwelling unit in
754-such complex occupied by such resident, and (C) the amount of such
755-grant approved by the assessor. Said secretary, upon approving such
756-grant, shall certify the amount thereof and not later than the fifteenth
757-day of September immediately following submit approval for payment
758-of such grant to the State Comptroller. Not later than five business days
759-immediately following receipt of such approval for payment, the State
760-Comptroller shall draw [his or her] an order [upon] on the State
761-Treasurer and the Treasurer shall pay the amount of the grant to such
762-resident not later than the first day of October immediately following.
763-(k) If the Secretary of the Office of Policy and Management makes any
764-adjustments to the grants for tax reductions or assumed amounts of
765-property tax liability claimed under this section subsequent to the
766-[Comptroller the] State Comptroller's order of payment of [said] such
767-grants in any year, the amount of such adjustment shall be reflected in
768-the next payment the Treasurer shall make to such municipality
769-pursuant to this section.
770-Sec. 11. Subsection (a) of section 12-208 of the general statutes is
771-repealed and the following is substituted in lieu thereof (Effective October Substitute House Bill No. 5475
772-
773-Public Act No. 22-110 24 of 71
774-
775-1, 2022):
776-(a) Any company subject to any tax or charge under this chapter that
777-is aggrieved by the action of the commissioner or the commissioner's
778-authorized agent in fixing the amount of any tax, penalty, interest or
779-charge provided for by this chapter may apply to the commissioner, in
780-writing, not later than sixty days after the notice of such action is
781-delivered or mailed to the company, for a hearing and a correction of
782-the amount of such tax, penalty, interest or charge, so fixed, setting forth
783-the reasons why such hearing should be granted and the amount in
784-which such tax, penalty, interest or charge should be reduced. The
785-commissioner shall promptly consider each such application and may
786-grant or deny the hearing requested. If the hearing is denied, the
787-applicant shall be notified forthwith. If it is granted, the commissioner
788-shall notify the applicant of the time and place fixed for such hearing.
789-After such hearing the commissioner may make such order in the
790-premises as appears to [him] the commissioner just and lawful and shall
791-furnish a copy of such order to the applicant. The commissioner may,
792-by notice in writing, at any time within three years after the date when
793-any return of any such person has been due, order a hearing on [his] the
794-commissioner's own initiative and require such person or any other
795-individual whom the commissioner believes to be in possession of
796-relevant information concerning such person to appear before the
797-commissioner or the commissioner's authorized agent with any
798-specified books of account, papers or other documents, for examination
799-under oath.
800-Sec. 12. Subsection (b) of section 12-214 of the 2022 supplement to the
801-general statutes is repealed and the following is substituted in lieu
802-thereof (Effective October 1, 2022):
803-[(b) (1) With respect to income years commencing on or after January
804-1, 1989, and prior to January 1, 1992, any company subject to the tax
805-imposed in accordance with subsection (a) of this section shall pay, for Substitute House Bill No. 5475
806-
807-Public Act No. 22-110 25 of 71
808-
809-each such income year, an additional tax in an amount equal to twenty
810-per cent of the tax calculated under said subsection (a) for such income
811-year, without reduction of the tax so calculated by the amount of any
812-credit against such tax. The additional amount of tax determined under
813-this subsection for any income year shall constitute a part of the tax
814-imposed by the provisions of said subsection (a) and shall become due
815-and be paid, collected and enforced as provided in this chapter.
816-(2) With respect to income years commencing on or after January 1,
817-1992, and prior to January 1, 1993, any company subject to the tax
818-imposed in accordance with subsection (a) of this section shall pay, for
819-each such income year, an additional tax in an amount equal to ten per
820-cent of the tax calculated under said subsection (a) for such income year,
821-without reduction of the tax so calculated by the amount of any credit
822-against such tax. The additional amount of tax determined under this
823-subsection for any income year shall constitute a part of the tax imposed
824-by the provisions of said subsection (a) and shall become due and be
825-paid, collected and enforced as provided in this chapter.
826-(3) With respect to income years commencing on or after January 1,
827-2003, and prior to January 1, 2004, any company subject to the tax
828-imposed in accordance with subsection (a) of this section shall pay, for
829-each such income year, an additional tax in an amount equal to twenty
830-per cent of the tax calculated under said subsection (a) for such income
831-year, without reduction of the tax so calculated by the amount of any
832-credit against such tax. The additional amount of tax determined under
833-this subsection for any income year shall constitute a part of the tax
834-imposed by the provisions of said subsection (a) and shall become due
835-and be paid, collected and enforced as provided in this chapter.
836-(4) With respect to income years commencing on or after January 1,
837-2004, and prior to January 1, 2005, any company subject to the tax
838-imposed in accordance with subsection (a) of this section shall pay, for
839-each such income year, an additional tax in an amount equal to twenty- Substitute House Bill No. 5475
840-
841-Public Act No. 22-110 26 of 71
842-
843-five per cent of the tax calculated under said subsection (a) for such
844-income year, without reduction of the tax so calculated by the amount
845-of any credit against such tax, except that any company that pays the
846-minimum tax of two hundred fifty dollars under section 12-219 or 12-
847-223c for such income year shall not be subject to the additional tax
848-imposed by this subdivision. The additional amount of tax determined
849-under this subdivision for any income year shall constitute a part of the
850-tax imposed by the provisions of said subsection (a) and shall become
851-due and be paid, collected and enforced as provided in this chapter.]
852-[(5)] (b) (1) With respect to income years commencing on or after
853-January 1, 2006, and prior to January 1, 2007, any company subject to the
854-tax imposed in accordance with subsection (a) of this section shall pay,
855-except when the tax so calculated is equal to two hundred fifty dollars,
856-for each such income year, an additional tax in an amount equal to
857-twenty per cent of the tax calculated under said subsection (a) for such
858-income year, without reduction of the tax so calculated by the amount
859-of any credit against such tax. The additional amount of tax determined
860-under this subsection for any income year shall constitute a part of the
861-tax imposed by the provisions of said subsection (a) and shall become
862-due and be paid, collected and enforced as provided in this chapter.
863-[(6)] (2) (A) With respect to income years commencing on or after
864-January 1, 2009, and prior to January 1, 2012, any company subject to the
865-tax imposed in accordance with subsection (a) of this section shall pay,
866-for each such income year, except when the tax so calculated is equal to
867-two hundred fifty dollars, an additional tax in an amount equal to ten
868-per cent of the tax calculated under said subsection (a) for such income
869-year, without reduction of the tax so calculated by the amount of any
870-credit against such tax. The additional amount of tax determined under
871-this subsection for any income year shall constitute a part of the tax
872-imposed by the provisions of said subsection (a) and shall become due
873-and be paid, collected and enforced as provided in this chapter. Substitute House Bill No. 5475
874-
875-Public Act No. 22-110 27 of 71
876-
877-(B) Any company whose gross income for the income year was less
878-than one hundred million dollars shall not be subject to the additional
879-tax imposed under subparagraph (A) of this subdivision. This exception
880-shall not apply to companies filing a combined return for the income
881-year under section 12-223a or a unitary return under subsection (d) of
882-section 12-218d.
883-[(7)] (3) (A) With respect to income years commencing on or after
884-January 1, 2012, and prior to January 1, 2018, any company subject to the
885-tax imposed in accordance with subsection (a) of this section shall pay,
886-for each such income year, except when the tax so calculated is equal to
887-two hundred fifty dollars, an additional tax in an amount equal to
888-twenty per cent of the tax calculated under said subsection (a) for such
889-income year, without reduction of the tax so calculated by the amount
890-of any credit against such tax. The additional amount of tax determined
891-under this subsection for any income year shall constitute a part of the
892-tax imposed by the provisions of said subsection (a) and shall become
893-due and be paid, collected and enforced as provided in this chapter.
894-(B) Any company whose gross income for the income year was less
895-than one hundred million dollars shall not be subject to the additional
896-tax imposed under subparagraph (A) of this subdivision. With respect
897-to income years commencing on or after January 1, 2012, and prior to
898-January 1, 2016, this exception shall not apply to companies filing a
899-combined return for the income year under section 12-223a or a unitary
900-return under subsection (d) of section 12-218d. With respect to income
901-years commencing on or after January 1, 2016, and prior to January 1,
902-2018, this exception shall not apply to taxable members of a combined
903-group that files a combined unitary tax return.
904-[(8)] (4) (A) With respect to income years commencing on or after
905-January 1, 2018, and prior to January 1, 2023, any company subject to the
906-tax imposed in accordance with subsection (a) of this section shall pay,
907-for such income year, except when the tax so calculated is equal to two Substitute House Bill No. 5475
908-
909-Public Act No. 22-110 28 of 71
910-
911-hundred fifty dollars, an additional tax in an amount equal to ten per
912-cent of the tax calculated under said subsection (a) for such income year,
913-without reduction of the tax so calculated by the amount of any credit
914-against such tax. The additional amount of tax determined under this
915-subsection for any income year shall constitute a part of the tax imposed
916-by the provisions of said subsection (a) and shall become due and be
917-paid, collected and enforced as provided in this chapter.
918-(B) Any company whose gross income for the income year was less
919-than one hundred million dollars shall not be subject to the additional
920-tax imposed under subparagraph (A) of this subdivision. This exception
921-shall not apply to taxable members of a combined group that files a
922-combined unitary tax return.
923-Sec. 13. Subsection (b) of section 12-219 of the 2022 supplement to the
924-general statutes is repealed and the following is substituted in lieu
925-thereof (Effective October 1, 2022):
926-[(b) (1) With respect to income years commencing on or after January
927-1, 1989, and prior to January 1, 1992, the additional tax imposed on any
928-company and calculated in accordance with subsection (a) of this section
929-shall, for each such income year, except when the tax so calculated is
930-equal to two hundred fifty dollars, be increased by adding thereto an
931-amount equal to twenty per cent of the additional tax so calculated for
932-such income year, without reduction of the additional tax so calculated
933-by the amount of any credit against such tax. The increased amount of
934-tax payable by any company under this section, as determined in
935-accordance with this subsection, shall become due and be paid, collected
936-and enforced as provided in this chapter.
937-(2) With respect to income years commencing on or after January 1,
938-1992, and prior to January 1, 1993, the additional tax imposed on any
939-company and calculated in accordance with subsection (a) of this section
940-shall, for each such income year, except when the tax so calculated is Substitute House Bill No. 5475
941-
942-Public Act No. 22-110 29 of 71
943-
944-equal to two hundred fifty dollars, be increased by adding thereto an
945-amount equal to ten per cent of the additional tax so calculated for such
946-income year, without reduction of the tax so calculated by the amount
947-of any credit against such tax. The increased amount of tax payable by
948-any company under this section, as determined in accordance with this
949-subsection, shall become due and be paid, collected and enforced as
950-provided in this chapter.
951-(3) With respect to income years commencing on or after January 1,
952-2003, and prior to January 1, 2004, the additional tax imposed on any
953-company and calculated in accordance with subsection (a) of this section
954-shall, for each such income year, be increased by adding thereto an
955-amount equal to twenty per cent of the additional tax so calculated for
956-such income year, without reduction of the tax so calculated by the
957-amount of any credit against such tax. The increased amount of tax
958-payable by any company under this section, as determined in
959-accordance with this subsection, shall become due and be paid, collected
960-and enforced as provided in this chapter.
961-(4) With respect to income years commencing on or after January 1,
962-2004, and prior to January 1, 2005, the additional tax imposed on any
963-company and calculated in accordance with subsection (a) of this section
964-shall, for each such income year, be increased by adding thereto an
965-amount equal to twenty-five per cent of the additional tax so calculated
966-for such income year, without reduction of the tax so calculated by the
967-amount of any credit against such tax, except that any company that
968-pays the minimum tax of two hundred fifty dollars under this section or
969-section 12-223c for such income year shall not be subject to such
970-additional tax. The increased amount of tax payable by any company
971-under this subdivision, as determined in accordance with this
972-subsection, shall become due and be paid, collected and enforced as
973-provided in this chapter.]
974-[(5)] (b) (1) With respect to income years commencing on or after Substitute House Bill No. 5475
975-
976-Public Act No. 22-110 30 of 71
977-
978-January 1, 2006, and prior to January 1, 2007, the additional tax imposed
979-on any company and calculated in accordance with subsection (a) of this
980-section shall, for each such income year, except when the tax so
981-calculated is equal to two hundred fifty dollars, be increased by adding
982-thereto an amount equal to twenty per cent of the additional tax so
983-calculated for such income year, without reduction of the tax so
984-calculated by the amount of any credit against such tax. The increased
985-amount of tax payable by any company under this section, as
986-determined in accordance with this subsection, shall become due and be
987-paid, collected and enforced as provided in this chapter.
988-[(6)] (2) (A) With respect to income years commencing on or after
989-January 1, 2009, and prior to January 1, 2012, the additional tax imposed
990-on any company and calculated in accordance with subsection (a) of this
991-section shall, for each such income year, except when the tax so
992-calculated is equal to two hundred fifty dollars, be increased by adding
993-thereto an amount equal to ten per cent of the additional tax so
994-calculated for such income year, without reduction of the tax so
995-calculated by the amount of any credit against such tax. The increased
996-amount of tax payable by any company under this section, as
997-determined in accordance with this subsection, shall become due and be
998-paid, collected and enforced as provided in this chapter.
999-(B) Any company whose gross income for the income year was less
1000-than one hundred million dollars shall not be subject to the additional
1001-tax imposed under subparagraph (A) of this subdivision. This exception
1002-shall not apply to companies filing a combined return for the income
1003-year under section 12-223a or a unitary return under subsection (d) of
1004-section 12-218d.
1005-[(7)] (3) (A) With respect to income years commencing on or after
1006-January 1, 2012, and prior to January 1, 2018, the additional tax imposed
1007-on any company and calculated in accordance with subsection (a) of this
1008-section shall, for each such income year, except when the tax so Substitute House Bill No. 5475
1009-
1010-Public Act No. 22-110 31 of 71
1011-
1012-calculated is equal to two hundred fifty dollars, be increased by adding
1013-thereto an amount equal to twenty per cent of the additional tax so
1014-calculated for such income year, without reduction of the tax so
1015-calculated by the amount of any credit against such tax. The increased
1016-amount of tax payable by any company under this section, as
1017-determined in accordance with this subsection, shall become due and be
1018-paid, collected and enforced as provided in this chapter.
1019-(B) Any company whose gross income for the income year was less
1020-than one hundred million dollars shall not be subject to the additional
1021-tax imposed under subparagraph (A) of this subdivision. With respect
1022-to income years commencing on or after January 1, 2012, and prior to
1023-January 1, 2016, this exception shall not apply to companies filing a
1024-combined return for the income year under section 12-223a or a unitary
1025-return under subsection (d) of section 12-218d. With respect to income
1026-years commencing on or after January 1, 2016, and prior to January 1,
1027-2018, this exception shall not apply to taxable members of a combined
1028-group that files a combined unitary tax return.
1029-[(8)] (4) (A) With respect to income years commencing on or after
1030-January 1, 2018, and prior to January 1, 2023, the additional tax imposed
1031-on any company and calculated in accordance with subsection (a) of this
1032-section shall, for such income year, except when the tax so calculated is
1033-equal to two hundred fifty dollars, be increased by adding thereto an
1034-amount equal to ten per cent of the additional tax so calculated for such
1035-income year, without reduction of the tax so calculated by the amount
1036-of any credit against such tax. The increased amount of tax payable by
1037-any company under this section, as determined in accordance with this
1038-subsection, shall become due and be paid, collected and enforced as
1039-provided in this chapter.
1040-(B) Any company whose gross income for the income year was less
1041-than one hundred million dollars shall not be subject to the additional
1042-tax imposed under subparagraph (A) of this subdivision. This exception Substitute House Bill No. 5475
1043-
1044-Public Act No. 22-110 32 of 71
1045-
1046-shall not apply to taxable members of a combined group that files a
1047-combined unitary tax return.
1048-Sec. 14. Subdivision (3) of subsection (a) of section 12-217 of the
1049-general statutes is repealed and the following is substituted in lieu
1050-thereof (Effective October 1, 2022):
1051-(3) Notwithstanding any provision of this section to the contrary, no
1052-dividend received from a real estate investment trust shall be deductible
1053-under this section by the recipient unless the dividend is: (A) Deductible
1054-under Section 243 of the Internal Revenue Code; (B) received by a
1055-qualified dividend recipient from a qualified real estate investment trust
1056-and, as of the last day of the period for which such dividend is paid,
1057-persons, not including the qualified dividend recipient or any person
1058-that is either a related person to, or an employee or director of, the
1059-qualified dividend recipient, have outstanding cash capital
1060-contributions to the qualified real estate investment trust that, in the
1061-aggregate, exceed five per cent of the fair market value of the aggregate
1062-real estate assets, valued as of the last day of the period for which such
1063-dividend is paid, then held by the qualified real estate investment trust;
1064-or (C) received from a captive real estate investment trust that is subject
1065-to the tax imposed under this chapter. For purposes of this section, [a]
1066-"related person" [is as defined in subdivision (7) of subsection (a) of
1067-section 12-217m] has the same meaning as provided in section 12-217ii,
1068-"real estate assets" [is as defined] has the same meaning as provided in
1069-Section 856 of the Internal Revenue Code, [a] "qualified dividend
1070-recipient" means a dividend recipient who has invested in a qualified
1071-real estate investment trust prior to April 1, 1997, and [a] "qualified real
1072-estate investment trust" means an entity that both was incorporated and
1073-had contributed to it a minimum of five hundred million dollars' worth
1074-of real estate assets prior to April 1, 1997, and that elects to be a real
1075-estate investment trust under Section 856 of the Internal Revenue Code
1076-prior to April 1, 1998. Substitute House Bill No. 5475
1077-
1078-Public Act No. 22-110 33 of 71
1079-
1080-Sec. 15. Subsection (c) of section 12-391 of the general statutes is
1081-amended by adding subdivision (4) as follows (Effective October 1, 2022):
1082-(NEW) (4) "Federal basic exclusion amount" means the dollar amount
1083-published annually by the Internal Revenue Service at which a decedent
1084-would be required to file a federal estate tax return based on the value
1085-of the decedent's gross estate and federally taxable gifts.
1086-Sec. 16. Subparagraph (J) of subdivision (3) of subsection (b) of section
1087-12-392 of the general statutes is repealed and the following is substituted
1088-in lieu thereof (Effective October 1, 2022):
1089-(J) A tax return shall be filed, in the case of every decedent who dies
1090-on or after January 1, 2023, and at the time of death was (i) a resident of
1091-this state, or (ii) a nonresident of this state whose gross estate includes
1092-any real property situated in this state or tangible personal property
1093-having an actual situs in this state. If the decedent's Connecticut taxable
1094-estate is over [five million four hundred ninety thousand dollars] the
1095-federal basic exclusion amount, such tax return shall be filed with the
1096-Commissioner of Revenue Services and a copy of such return shall be
1097-filed with the court of probate for the district within which the decedent
1098-resided at the date of his or her death or, if the decedent died a
1099-nonresident of this state, the court of probate for the district within
1100-which such real property or tangible personal property is situated. If the
1101-decedent's Connecticut taxable estate is equal to or less than [five million
1102-four hundred ninety thousand dollars] the federal basic exclusion
1103-amount, such return shall be filed with the court of probate for the
1104-district within which the decedent resided at the date of his or her death
1105-or, if the decedent died a nonresident of this state, the court of probate
1106-for the district within which such real property or tangible personal
1107-property is situated, and no such return shall be filed with the
1108-Commissioner of Revenue Services. The judge of probate for the district
1109-in which such return is filed shall review each such return and shall
1110-issue a written opinion to the estate representative in each case in which Substitute House Bill No. 5475
1111-
1112-Public Act No. 22-110 34 of 71
1113-
1114-the judge determines that the estate is not subject to tax under this
1115-chapter.
1116-Sec. 17. Section 12-643 of the general statutes is amended by adding
1117-subdivision (4) as follows (Effective October 1, 2022):
1118-(NEW) (4) "Federal basic exclusion amount" means the dollar amount
1119-published annually by the Internal Revenue Service over which a donor
1120-would owe federal gift tax based on the value of the donor's federally
1121-taxable gifts.
1122-Sec. 18. Subsection (b) of section 12-408h of the general statutes is
1123-repealed and the following is substituted in lieu thereof (Effective October
1124-1, 2022):
1125-(b) A short-term rental facilitator shall be required to obtain a permit
1126-to collect the tax set forth in subparagraph (B) of subdivision (1) of
1127-section 12-408 and shall be considered the retailer for each retail sale of
1128-a short-term rental that such facilitator facilitates on its platform for a
1129-short-term rental operator. Each short-term rental facilitator shall (1) be
1130-required to collect and remit for each such sale any tax imposed under
1131-section 12-408, (2) be responsible for all obligations imposed under this
1132-chapter as if such short-term rental facilitator was the operator of such
1133-[lodging house] short-term rental and retailer for such sale, and (3) keep
1134-such records and information as may be required by the Commissioner
1135-of Revenue Services to ensure proper collection and remittance of such
1136-tax.
1137-Sec. 19. Section 12-410 of the general statutes is repealed and the
1138-following is substituted in lieu thereof (Effective October 1, 2022):
1139-[(1)] (a) For the purpose of the proper administration of this chapter
1140-and to prevent evasion of the sales tax it shall be presumed that all
1141-receipts are gross receipts that are subject to the tax until the contrary is
1142-established. The burden of proving that a sale of tangible personal Substitute House Bill No. 5475
1143-
1144-Public Act No. 22-110 35 of 71
1145-
1146-property or service constituting a sale in accordance with subdivision
1147-(2) of subsection (a) of section 12-407 is not a sale at retail is upon the
1148-person who makes the sale unless such person takes in good faith from
1149-the purchaser a certificate to the effect that the property or service is
1150-purchased for resale.
1151-[(2)] (b) The certificate relieves the seller from the burden of proof
1152-only if taken in good faith from a person who is engaged in the business
1153-of selling tangible personal property or services constituting a sale in
1154-accordance with subdivision (2) of subsection (a) of section 12-407 and
1155-who holds the permit provided for in section 12-409 and who, at the
1156-time of purchasing the tangible personal property or service: [(A)] (1)
1157-Intends to sell it in the regular course of business; [(B)] (2) intends to
1158-utilize such personal property in the delivery of landscaping or
1159-horticulture services, provided the total sale price of all such
1160-landscaping and horticulture services are taxable under this chapter; or
1161-[(C)] (3) is unable to ascertain at the time of purchase whether the
1162-property or service will be sold or will be used for some other purpose.
1163-The burden of establishing that a certificate is taken in good faith is on
1164-the seller. A certificate to the effect that property or service is purchased
1165-for resale taken from the purchaser by the seller shall be deemed to be
1166-taken in good faith if the tangible personal property or service
1167-purchased is similar to or of the same general character as property or
1168-service which the seller could reasonably assume would be sold by the
1169-purchaser in the regular course of business.
1170-[(3)] (c) The certificate shall be signed by and bear the name and
1171-address of the purchaser, shall indicate the number of the permit issued
1172-to the purchaser and shall indicate the general character of the tangible
1173-personal property or service sold by the purchaser in the regular course
1174-of business. The certificate shall be substantially in such form as the
1175-commissioner prescribes.
1176-[(4) (A)] (d) (1) If a purchaser who gives a certificate makes any use Substitute House Bill No. 5475
1177-
1178-Public Act No. 22-110 36 of 71
1179-
1180-of the service or property other than retention, demonstration or display
1181-while holding it for sale in the regular course of business, the use shall
1182-be deemed a retail sale by the purchaser as of the time the service or
1183-property is first used by the purchaser, and the cost of the service or
1184-property to the purchaser shall be deemed the gross receipts from such
1185-retail sale.
1186-[(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this]
1187-subdivision (1) of this subsection, any use by a certificated air carrier of
1188-an aircraft for purposes other than retention, demonstration or display
1189-while holding it for sale in the regular course of business shall not be
1190-deemed a retail sale by such carrier as of the time the aircraft is first used
1191-by such carrier, irrespective of the classification of such aircraft on the
1192-balance sheet of such carrier for accounting and tax purposes.
1193-[(5) (A)] (e) (1) For the purpose of the proper administration of this
1194-chapter and to prevent evasion of the sales tax, a sale of any service
1195-described in subdivision (37) of subsection (a) of section 12-407 shall be
1196-considered a sale for resale only if the service to be resold is an integral,
1197-inseparable component part of a service described in said subdivision
1198-that is to be subsequently sold by the purchaser to an ultimate
1199-consumer. The purchaser of the service for resale shall maintain, in such
1200-form as the commissioner requires, records that substantiate: [(i)] (A)
1201-From whom the service was purchased and to whom the service was
1202-sold, [(ii)] (B) the purchase price of the service, and [(iii)] (C) the nature
1203-of the service to demonstrate that the services were an integral,
1204-inseparable component part of a service described in subdivision (37) of
1205-subsection (a) of section 12-407 that was subsequently sold to a
1206-consumer.
1207-[(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this]
1208-subdivision (1) of this subsection, no sale of a service described in
1209-subdivision (37) of subsection (a) of section 12-407 by a seller shall be
1210-considered a sale for resale if such service is to be subsequently sold by Substitute House Bill No. 5475
1211-
1212-Public Act No. 22-110 37 of 71
1213-
1214-the purchaser to an ultimate consumer that is affiliated with the
1215-purchaser in the manner described in subparagraph (A) of subdivision
1216-(62) of section 12-412.
1217-[(C)] (3) For purposes of [subparagraph (A) of this] subdivision (1) of
1218-this subsection, the sale of canned or prewritten computer software shall
1219-be considered a sale for resale if such software is subsequently sold,
1220-licensed or leased unaltered by the purchaser to an ultimate consumer.
1221-The purchaser of the software for resale shall maintain, in such form as
1222-the commissioner requires, records that substantiate: [(i)] (A) From
1223-whom the software was purchased and to whom the software was sold,
1224-licensed or leased, [(ii)] (B) the purchase price of the software, and [(iii)]
1225-(C) the nature of the transaction with the ultimate consumer to
1226-demonstrate that the same software was provided unaltered to the
1227-ultimate consumer.
1228-[(D)] (4) For purposes of [subparagraph (A) of this] subdivision (1) of
1229-this subsection, the sale of digital goods shall be considered a sale for
1230-resale if the digital goods are subsequently sold, licensed, leased,
1231-broadcast, transmitted, or distributed, in whole or in part, as an integral,
1232-inseparable component part of a digital good or service described in
1233-subdivision (26), (27), (37) or (39) of subsection (a) of section 12-407 by
1234-the purchaser of the digital goods to an ultimate consumer. The
1235-purchaser of the digital goods for resale shall maintain, in such form as
1236-the commissioner requires, records that substantiate: [(i)] (A) From
1237-whom the digital goods were purchased and to whom the services
1238-described in subdivision (26), (27), (37) or (39) of subsection (a) of section
1239-12-407 was sold, licensed, leased, broadcast, transmitted, or distributed,
1240-in whole or in part, [(ii)] (B) the purchase price of the digital goods, and
1241-[(iii)] (C) the nature of the transaction with the ultimate consumer.
1242-[(E)] (5) For purposes of [subparagraph (A) of this] subdivision (1) of
1243-this subsection, the sale of services described in subdivision (37) of
1244-subsection (a) of section 12-407 shall be considered a sale for resale if Substitute House Bill No. 5475
1245-
1246-Public Act No. 22-110 38 of 71
1247-
1248-such services are subsequently resold as an integral inseparable
1249-component part of digital goods sold by the purchaser of the services to
1250-an ultimate consumer of the digital goods. The purchaser of the services
1251-described in subdivision (37) of subsection (a) of section 12-407 for resale
1252-shall maintain, in such form as the commissioner requires, records that
1253-substantiate: [(i)] (A) From whom the services described in subdivision
1254-(37) of subsection (a) of section 12-407 were purchases and to whom the
1255-digital goods were sold, licensed, or leased, [(ii)] (B) the purchase prices
1256-of the services described in subdivision (37) of subsection (a) of section
1257-12-407, and [(iii)] (C) the nature of the transaction with the ultimate
1258-consumer.
1259-[(6)] (f) For the purpose of the proper administration of this chapter
1260-and to prevent evasion of the sales tax, no sale of any service by a seller
1261-shall be considered a sale for resale if such service is to be subsequently
1262-sold by the purchaser, without change, to an ultimate consumer that is
1263-affiliated with the purchaser in the manner described in subparagraph
1264-(A) of subdivision (62) of section 12-412.
1265-Sec. 20. Subsection (c) of section 12-414 of the general statutes is
1266-repealed and the following is substituted in lieu thereof (Effective October
1267-1, 2022):
1268-(c) (1) For purposes of the sales tax, the return shall show the gross
1269-receipts of the seller during the preceding reporting period. For
1270-purposes of the use tax, [(1)] (A) in case of a return filed by a retailer, the
1271-return shall show the total sales price of the services or property sold by
1272-the retailer, the storage, acceptance, consumption or other use of which
1273-became subject to the use tax during the preceding reporting period, and
1274-[(2)] (B) in case of a return filed by a purchaser, the return shall show the
1275-total sales price of the service or property purchased by the purchaser,
1276-the storage, acceptance, consumption or other use of which became
1277-subject to the use tax during the preceding reporting period. The return
1278-shall also show the amount of the taxes for the period covered by the Substitute House Bill No. 5475
1279-
1280-Public Act No. 22-110 39 of 71
1281-
1282-return in such manner as the commissioner may require and such other
1283-information as the commissioner deems necessary for the proper
1284-administration of this chapter.
1285-(2) The Commissioner of Revenue Services is authorized, [in his or
1286-her discretion,] for purposes of expediency, to permit returns to be filed
1287-in an alternative form wherein the person filing the return may elect (A)
1288-to report his or her gross receipts, including the tax reimbursement to
1289-be collected as provided for in this section, as a part of such gross
1290-receipts, or (B) to report his or her gross receipts exclusive of the tax
1291-collected in such cases where the gross receipts from sales have been
1292-segregated from tax collections. In the case of [the former] a return filed
1293-in accordance with the provisions of subparagraph (A) of this
1294-subdivision, the percentage of such tax-included gross receipts that may
1295-be considered to be the gross receipts from sales exclusive of the taxes
1296-collected thereon shall be computed by dividing the numeral one by the
1297-sum of the rate of tax provided in section 12-408, expressed as a decimal,
1298-and the numeral one.
1299-Sec. 21. Section 12-433 of the general statutes is repealed and the
1300-following is substituted in lieu thereof (Effective October 1, 2022):
1301-Wherever used in this chapter, unless the context otherwise requires:
1302-(1) "Alcoholic beverage" and "beverage" include wine, beer and
1303-liquor; [as defined in this section; "absolute alcohol"]
1304-(2) "Absolute alcohol" means dehydrated alcohol containing not less
1305-than ninety-nine per cent by weight of ethyl alcohol; ["beer"]
1306-(3) "Beer" means any beverage obtained by the alcoholic fermentation
1307-of an infusion or decoction of barley, malt and hops in drinking water
1308-and containing more than one-half of one per cent of absolute alcohol
1309-by volume; ["wine"] Substitute House Bill No. 5475
1310-
1311-Public Act No. 22-110 40 of 71
1312-
1313-(4) "Wine" means any alcoholic beverage obtained by the
1314-fermentation of natural sugar contents of fruits or other agricultural
1315-products containing sugar; ["still wine"]
1316-(5) "Still wine" means any wine that contains not more than three
1317-hundred ninety-two one thousandths (0.392) of a gram of carbon
1318-dioxide per hundred milliliters of wine, and shall include any fortified
1319-wine, cider that is made from the alcoholic fermentation of the juice of
1320-apples, vermouth and any artificial or imitation wine or compound sold
1321-as "still wine" containing not less than three and two-tenths per cent of
1322-absolute alcohol by volume; ["sparkling wine"]
1323-(6) "Sparkling wine" means champagne and any other effervescent
1324-wine charged with more than three hundred ninety -two one
1325-thousandths (0.392) of a gram of carbon dioxide per hundred milliliters
1326-of wine, whether artificially or as a result of secondary fermentation of
1327-the wine within the container; ["fortified wine"]
1328-(7) "Fortified wine" means any wine, the alcoholic contents of which
1329-have been increased, by whatever process, beyond that produced by
1330-natural fermentation; ["liquor"]
1331-(8) "Liquor" means any beverage [which] that contains alcohol
1332-obtained by distillation mixed with drinkable water and other
1333-substances in solution; ["liquor cooler"]
1334-(9) "Liquor cooler" means any liquid combined with liquor [, as
1335-defined in this section,] containing not more than seven per cent of
1336-alcohol by volume; ["gallon"]
1337-(10) "Gallon" or "wine gallon" means one hundred twenty-eight fluid
1338-ounces; ["proof gallon"]
1339-(11) "Proof gallon" means the equivalent of one wine gallon at 100
1340-proof; ["proof spirit"] Substitute House Bill No. 5475
1341-
1342-Public Act No. 22-110 41 of 71
1343-
1344-(12) "Proof spirit" or "proof" [shall be held to be that] means alcoholic
1345-liquor [which] that contains one-half by volume of alcohol of a specific
1346-gravity of seventy-nine hundred and thirty-nine ten-thousandths
1347-(0.7939) at 60° F; ["alcohol"]
1348-(13) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit
1349-of wine, from whatever source or by whatever process produced;
1350-["person"]
1351-(14) "Person" means any individual, firm, fiduciary, partnership,
1352-corporation, limited liability company, trust or association, however
1353-formed; ["taxpayer"]
1354-(15) "Taxpayer" means any person liable to taxation under this
1355-chapter except railroad and airline companies so far as they conduct
1356-such beverage business in cars or passenger trains or on airplanes;
1357-["distributor"]
1358-(16) " Distributor" means any person, wherever resident or located,
1359-[who] that holds a wholesaler's or manufacturer's permit or wholesaler
1360-or manufacturer permit for beer only issued under chapter 545, or [his]
1361-such person's backer, if any; ["licensed distributor"]
1362-(17) "Licensed distributor" means a distributor holding a license
1363-issued by the Commissioner of Revenue Services under the provisions
1364-of this chapter; ["tax period"]
1365-(18) "Tax period" means any period of one calendar month, or any
1366-part thereof; ["barrel"]
1367-(19) "Barrel" means not less than twenty-eight nor more than thirty-
1368-one gallons; ["half barrel"]
1369-(20) "Half barrel" means not less than fourteen nor more than fifteen
1370-and one-half gallons; ["quarter barrel"] Substitute House Bill No. 5475
1371-
1372-Public Act No. 22-110 42 of 71
1373-
1374-(21) "Quarter barrel" means not less than seven nor more than seven
1375-and three-quarters gallons; ["sell"]
1376-(22) "Sell" or "sale" includes and applies to gifts, exchanges and barter
1377-and includes any alcoholic beverages coming into the possession of a
1378-distributor [which] that cannot be satisfactorily accounted for by the
1379-distributor to the Commissioner of Revenue Services.
1380-Sec. 22. Section 12-438 of the general statutes is repealed and the
1381-following is substituted in lieu thereof (Effective October 1, 2022):
1382-Any person who applies for a cancellation of [his] such person's
1383-distributor's license shall take an inventory at the beginning of business
1384-on the first day of the following month showing the number of gallons
1385-of each kind of alcoholic beverage mentioned in section 12-435 owned
1386-by [him] such person and held within the state. Each such person shall,
1387-[within] not later than fifteen days after taking such inventory, file a
1388-copy of such inventory with the commissioner, on forms prescribed and
1389-furnished by [him] the commissioner, and shall pay a tax on such
1390-inventory at the rates specified in said section 12-435. Each return filed
1391-under the provisions of this section shall give such additional
1392-information as the commissioner requires and shall include a statement
1393-of the amount of tax due under such return.
1394-Sec. 23. Subsection (c) of section 12-458 of the general statutes is
1395-repealed and the following is substituted in lieu thereof (Effective October
1396-1, 2022):
1397-(c) Any person who owns or operates a vehicle that runs only upon
1398-rails or tracks and that is properly registered with the federal
1399-government, in accordance with the provisions of Section 4222 of the
1400-Internal Revenue Code of 1986, or any subsequent corresponding
1401-internal revenue code of the United States, as amended from time to
1402-time, shall be exempt from paying to a distributor the motor fuels tax Substitute House Bill No. 5475
1403-
1404-Public Act No. 22-110 43 of 71
1405-
1406-imposed pursuant to this section for use in such vehicle.
1407-Sec. 24. Section 12-587 of the general statutes is repealed and the
1408-following is substituted in lieu thereof (Effective October 1, 2022):
1409-(a) (1) As used in this chapter: (A) "Company" includes a corporation,
1410-partnership, limited partnership, limited liability company, limited
1411-liability partnership, association, individual or any fiduciary thereof; (B)
1412-"quarterly period" means a period of three calendar months
1413-commencing on the first day of January, April, July or October and
1414-ending on the last day of March, June, September or December,
1415-respectively; (C) except as provided in subdivision (2) of this subsection,
1416-"gross earnings" means all consideration received from the first sale
1417-within this state of a petroleum product; (D) "petroleum products"
1418-means those products which contain or are made from petroleum or a
1419-petroleum derivative; (E) "first sale of petroleum products within this
1420-state" means the initial sale of a petroleum product delivered to a
1421-location in this state; (F) "export" or "exportation" means the conveyance
1422-of petroleum products from within this state to a location outside this
1423-state for the purpose of sale or use outside this state; and (G) "sale for
1424-exportation" means a sale of petroleum products to a purchaser which
1425-itself exports such products.
1426-(2) For purposes of this chapter, "gross earnings" means gross
1427-earnings as defined in subdivision (1) of this subsection, except, with
1428-respect to the first sale of gasoline or gasohol within this state, if the
1429-consideration received from such first sale reflects a price of gasoline or
1430-gasohol sold or used in this state in excess of three dollars per gallon,
1431-gross earnings from such first sale shall be deemed to be three dollars
1432-per gallon, and any consideration received that is derived from that
1433-portion of the price of such gasoline or gasohol in excess of three dollars
1434-per gallon shall be disregarded in the calculation of gross earnings.
1435-Notwithstanding the provisions of this chapter, the Commissioner of
1436-Revenue Services may suspend enforcement activities with respect to Substitute House Bill No. 5475
1437-
1438-Public Act No. 22-110 44 of 71
1439-
1440-this subdivision until all policies and procedures necessary to
1441-implement the provision of this subdivision are in place, but in no event
1442-shall such suspension extend beyond April 15, 2012.
1443-(b) (1) Except as otherwise provided in subdivision (2) of this
1444-subsection, any company [which] that is engaged in the refining or
1445-distribution, or both, of petroleum products and which distributes such
1446-products in this state shall pay a quarterly tax on its gross earnings
1447-derived from the first sale of petroleum products within this state. Each
1448-company shall on or before the last day of the month next succeeding
1449-each quarterly period render to the commissioner a return on forms
1450-prescribed or furnished by the commissioner and signed by the person
1451-performing the duties of treasurer or an authorized agent or officer,
1452-including the amount of gross earnings derived from the first sale of
1453-petroleum products within this state for the quarterly period and such
1454-other facts as the commissioner may require for the purpose of making
1455-any computation required by this chapter. [Except as otherwise
1456-provided in subdivision (3) of this subsection, the] The rate of tax shall
1457-be (A) [five per cent with respect to calendar quarters prior to July 1,
1458-2005; (B) five and eight-tenths per cent with respect to calendar quarters
1459-commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six
1460-and three-tenths per cent with respect to calendar quarters commencing
1461-on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with
1462-respect to calendar quarters commencing on or after July 1, 2007, and
1463-prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with
1464-respect to calendar quarters commencing on or after July 1, 2013.
1465-(2) Gross earnings derived from the first sale of the following
1466-petroleum products within this state shall be exempt from tax:
1467-(A) Any petroleum products sold for exportation from this state for
1468-sale or use outside this state;
1469-(B) [the] The product designated by the American Society for Testing Substitute House Bill No. 5475
1470-
1471-Public Act No. 22-110 45 of 71
1472-
1473-and Materials as "Specification for Heating Oil D396-69", commonly
1474-known as number 2 heating oil, to be used exclusively for heating
1475-purposes or to be used in a commercial fishing vessel, which vessel
1476-qualifies for an exemption pursuant to subdivision (40) of section 12-
1477-412;
1478-(C) [kerosene] Kerosene, commonly known as number 1 oil, to be
1479-used exclusively for heating purposes, provided delivery is of both
1480-number 1 and number 2 oil, and via a truck with a metered delivery
1481-ticket to a residential dwelling or to a centrally metered system serving
1482-a group of residential dwellings;
1483-(D) [the] The product identified as propane gas, to be used primarily
1484-for heating purposes;
1485-(E) [bunker] Bunker fuel oil, intermediate fuel, marine diesel oil and
1486-marine gas oil to be used in any vessel (i) having a displacement
1487-exceeding four thousand dead weight tons, or (ii) primarily engaged in
1488-interstate commerce;
1489-(F) [for] For any first sale occurring prior to July 1, 2008, propane gas
1490-to be used as a fuel for a motor vehicle;
1491-(G) [for] For any first sale occurring on or after July 1, 2002, grade
1492-number 6 fuel oil, as defined in regulations adopted pursuant to section
1493-16a-22c, to be used exclusively by a company [which] that, in accordance
1494-with census data contained in the Standard Industrial Classification
1495-Manual, United States Office of Management and Budget, 1987 edition,
1496-is included in code classifications 2000 to 3999, inclusive, or in Sector 31,
1497-32 or 33 in the North American Industrial Classification System United
1498-States Manual, United States Office of Management and Budget, 1997
1499-edition;
1500-(H) [for] For any first sale occurring on or after July 1, 2002, number
1501-2 heating oil to be used exclusively in a vessel primarily engaged in Substitute House Bill No. 5475
1502-
1503-Public Act No. 22-110 46 of 71
1504-
1505-interstate commerce, which vessel qualifies for an exemption under
1506-subdivision (40) of section 12-412;
1507-(I) [for] For any first sale occurring on or after July 1, 2000, paraffin or
1508-microcrystalline waxes;
1509-(J) [for] For any first sale occurring prior to July 1, 2008, petroleum
1510-products to be used as a fuel for a fuel cell, as defined in subdivision
1511-(113) of section 12-412;
1512-(K) [a] A commercial heating oil blend containing not less than ten
1513-per cent of alternative fuels derived from agricultural produce, food
1514-waste, waste vegetable oil or municipal solid waste, including, but not
1515-limited to, biodiesel or low sulfur dyed diesel fuel;
1516-(L) [for] For any first sale occurring on or after July 1, 2007, diesel fuel
1517-other than diesel fuel to be used in an electric generating facility to
1518-generate electricity;
1519-(M) [for] For any first sale occurring on or after July 1, 2013, cosmetic
1520-grade mineral oil; or
1521-(N) [propane] Propane gas to be used as a fuel for a school bus.
1522-[(3) The rate of tax on gross earnings derived from the first sale of
1523-grade number 6 fuel oil, as defined in regulations adopted pursuant to
1524-section 16a-22c, to be used exclusively by a company which, in
1525-accordance with census data contained in the Standard Industrial
1526-Classification Manual, United States Office of Management and Budget,
1527-1987 edition, is included in code classifications 2000 to 3999, inclusive,
1528-or in Sector 31, 32 or 33 in the North American Industrial Classification
1529-System United States Manual, United States Office of Management and
1530-Budget, 1997 edition, or number 2 heating oil used exclusively in a
1531-vessel primarily engaged in interstate commerce, which vessel qualifies
1532-for an exemption under section 12-412 shall be: (A) Four per cent with Substitute House Bill No. 5475
1533-
1534-Public Act No. 22-110 47 of 71
1535-
1536-respect to calendar quarters commencing on or after July 1, 1998, and
1537-prior to July 1, 1999; (B) three per cent with respect to calendar quarters
1538-commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two
1539-per cent with respect to calendar quarters commencing on or after July
1540-1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to
1541-calendar quarters commencing on or after July 1, 2001, and prior to July
1542-1, 2002.]
1543-(c) (1) Any company [which] that imports or causes to be imported
1544-into this state petroleum products for sale, use or consumption in this
1545-state, other than a company subject to and having paid the tax on such
1546-company's gross earnings from first sales of petroleum products within
1547-this state, which earnings include gross earnings attributable to such
1548-imported or caused to be imported petroleum products, in accordance
1549-with subsection (b) of this section, shall pay a quarterly tax on the
1550-consideration given or contracted to be given for such petroleum
1551-product if the consideration given or contracted to be given for all such
1552-deliveries during the quarterly period for which such tax is to be paid
1553-exceeds three thousand dollars. [Except as otherwise provided in
1554-subdivision (3) of this subsection, the] The rate of tax shall be (A) [five
1555-per cent with respect to calendar quarters commencing prior to July 1,
1556-2005; (B) five and eight-tenths per cent with respect to calendar quarters
1557-commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six
1558-and three-tenths per cent with respect to calendar quarters commencing
1559-on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with
1560-respect to calendar quarters commencing on or after July 1, 2007, and
1561-prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with
1562-respect to calendar quarters commencing on or after July 1, 2013. Fuel in
1563-the fuel supply tanks of a motor vehicle, which fuel tanks are directly
1564-connected to the engine, shall not be considered a delivery for the
1565-purposes of this subsection.
1566-(2) Consideration given or contracted to be given for petroleum Substitute House Bill No. 5475
1567-
1568-Public Act No. 22-110 48 of 71
1569-
1570-products, gross earnings from the first sale of which are exempt from
1571-tax under subdivision (2) of subsection (b) of this section, shall be
1572-exempt from tax.
1573-[(3) The rate of tax on consideration given or contracted to be given
1574-for grade number 6 fuel oil, as defined in regulations adopted pursuant
1575-to section 16a-22c, to be used exclusively by a company which, in
1576-accordance with census data contained in the Standard Industrial
1577-Classification Manual, United States Office of Management and Budget,
1578-1987 edition, is included in code classifications 2000 to 3999, inclusive,
1579-or in Sector 31, 32 or 33 in the North American Industrial Classification
1580-System United States Manual, United States Office of Management and
1581-Budget, 1997 edition, or number 2 heating oil used exclusively in a
1582-vessel primarily engaged in interstate commerce, which vessel qualifies
1583-for an exemption under section 12-412 shall be: (A) Four per cent with
1584-respect to calendar quarters commencing on or after July 1, 1998, and
1585-prior to July 1, 1999; (B) three per cent with respect to calendar quarters
1586-commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two
1587-per cent with respect to calendar quarters commencing on or after July
1588-1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to
1589-calendar quarters commencing on or after July 1, 2001, and prior to July
1590-1, 2002.]
1591-(d) The amount of tax reported to be due on such return shall be due
1592-and payable on or before the last day of the month next succeeding the
1593-quarterly period. The tax imposed under the provisions of this chapter
1594-shall be in addition to any other tax imposed by this state on such
1595-company.
1596-(e) For the purposes of this chapter, the gross earnings of any
1597-producer or refiner of petroleum products operating a service station
1598-along the highways or interstate highways within the state pursuant to
1599-a contract with the Department of Transportation or operating a service
1600-station which is used as a training or test marketing center under the Substitute House Bill No. 5475
1601-
1602-Public Act No. 22-110 49 of 71
1603-
1604-provisions of subsection (b) of section 14-344d, shall be calculated by
1605-multiplying the volume of petroleum products delivered by any
1606-producer or refiner to any such station by such producer's or refiner's
1607-dealer tank wagon price or dealer wholesale price in the area of the
1608-service station.
1609-Sec. 25. Subsection (a) of section 12-587a of the general statutes is
1610-repealed and the following is substituted in lieu thereof (Effective October
1611-1, 2022):
1612-(a) (1) Any company, as such term is used in section 12-587, as
1613-amended by this act, liable for the tax imposed under subsection (b) of
1614-[said] section 12-587, as amended by this act, on gross earnings from the
1615-first sale of petroleum products within this state, which products the
1616-purchaser thereof subsequently sells for exportation and sale or use
1617-outside this state, shall be allowed a credit against any tax for which
1618-such company is liable in accordance with subsection (b) of [said]
1619-section 12-587, as amended by this act, in the amount of tax paid to the
1620-state with respect to the sale of such products, provided (A) such
1621-purchaser has submitted certification to such company, in such form as
1622-prescribed by the Commissioner of Revenue Services, that such
1623-products were sold or used outside this state, (B) such certification and
1624-any additional information related to such sale or use by such
1625-purchaser, which said commissioner may request, have been submitted
1626-to said commissioner, and (C) such company makes a payment to such
1627-purchaser, related to such products sold or used outside this state, in the
1628-amount equal to the tax imposed under [said] section 12-587, as
1629-amended by this act, on gross earnings from the first sale to such
1630-purchaser within the state.
1631-(2) The credit allowed pursuant to subdivision (1) of this subsection
1632-may also be claimed, in the same manner as provided in said
1633-subdivision, [(1),] by any such company when the petroleum products
1634-sold in a first sale within this state by such company are incorporated Substitute House Bill No. 5475
1635-
1636-Public Act No. 22-110 50 of 71
1637-
1638-by the purchaser thereof into a material that is included in U.S. industry
1639-group 3255 in the North American Industrial Classification System
1640-United States Manual, United States Office of Management and Budget,
1641-2007 edition, and such products are subsequently exported for sale or
1642-use outside this state. Such company shall be allowed [said] such credit
1643-in the amount of tax paid to the state with respect to the sale of such
1644-products.
1645-(3) In addition, such company shall be allowed such credit when
1646-there has been any sale of such products subsequent to the sale by such
1647-company but prior to sale or use outside this state, provided (A) each
1648-purchaser receives payment, related to such products sold or used
1649-outside this state, equal to the tax imposed under [said] section 12-587,
1650-as amended by this act, on gross earnings from the first sale of such
1651-products within this state, and (B) the purchaser selling or using such
1652-products outside this state complies with the requirements in this
1653-section related to a purchaser of such products from the company liable
1654-for such tax.
1655-Sec. 26. Section 12-631 of the general statutes is repealed and the
1656-following is substituted in lieu thereof (Effective October 1, 2022):
1657-As used in this chapter, the following terms have the following
1658-meanings:
1659-[(a)] (1) "Business firm" means any business entity authorized to do
1660-business in the state and subject to the tax due under the provisions of
1661-chapter 207, 208, 209, 210, 211, 212 or 213a.
1662-[(b)] (2) "Community services" means any type of counseling and
1663-advice, emergency assistance or medical care furnished to individuals
1664-or groups in the state.
1665-[(c)] (3) "Crime prevention" means any activity which aids in the
1666-reduction of crime in the state. Substitute House Bill No. 5475
1667-
1668-Public Act No. 22-110 51 of 71
1669-
1670-[(d)] (4) "Education" means any type of scholastic instruction or
1671-scholarship assistance to any person who resides in the state that enables
1672-such person to prepare for better opportunities, including teaching
1673-services donated pursuant to section 10-21c.
1674-[(e)] (5) "Job training" means any type of instruction to any person
1675-who resides in the state that enables such person to acquire vocational
1676-skills to become employable or seek a higher grade of employment,
1677-including training offered pursuant to section 10-21b.
1678-[(f)] (6) "Neighborhood" means any specific geographic area, urban,
1679-interurban, suburban, or rural, which is experiencing problems
1680-endangering its existence as a viable and stable neighborhood.
1681-[(g)] (7) "Neighborhood assistance" means the furnishing of financial
1682-assistance, labor, material, or technical advice to aid in the physical
1683-improvement or rehabilitation of all or any part of a neighborhood.
1684-[(h)] (8) "Neighborhood organization" means any organization
1685-performing community services in the state [which: (1)] that: (A) Holds
1686-a ruling from the Internal Revenue Service of the United States
1687-Department of the Treasury that the organization is exempt from
1688-income taxation under the provisions of the Internal Revenue Code; [,
1689-or (2)] (B) is designated as a community development corporation by
1690-the United States government under the provisions of Title VII of the
1691-Economic Opportunity Act of 1964; [, or (3)] or (C) is incorporated as a
1692-charitable corporation or trust under the provisions of chapter 598a.
1693-[(i)] (9) "Families of low and moderate income" means families
1694-meeting the criteria for designation as families of low and moderate
1695-income established by the Commissioner of Housing pursuant to
1696-subsection (f) of section 8-39.
1697-Sec. 27. Subdivision (1) of subsection (a) of section 12-632 of the
1698-general statutes is repealed and the following is substituted in lieu Substitute House Bill No. 5475
1699-
1700-Public Act No. 22-110 52 of 71
1701-
1702-thereof (Effective October 1, 2022):
1703-(a) (1) Except as otherwise provided in subdivision (2) of this
1704-subsection, on or before July first of each year, any municipality desiring
1705-to obtain benefits under the provisions of this chapter shall, after
1706-approval by the legislative body of such municipality, submit to the
1707-Commissioner of Revenue Services a list on a form prescribed and made
1708-available by the commissioner of programs eligible for investment by
1709-business firms under the provisions of this chapter. Such activities shall
1710-consist of providing neighborhood assistance; job training or education;
1711-community services; crime prevention; energy conservation or
1712-construction or rehabilitation of dwelling units for families of low and
1713-moderate income in the state; donation of money to an open space
1714-acquisition fund of any political subdivision of the state or any nonprofit
1715-land conservation organization, which fund qualifies under [subsection
1716-(h)] subdivision (8) of section 12-631, as amended by this act, and is used
1717-for the purchase of land, interest in land or permanent conservation
1718-restriction on land [which] that is to be permanently preserved as
1719-protected open space; or any of the activities described in section 12-634,
1720-12-635 or 12-635a. Such list shall indicate, for each program specified:
1721-The concept of the program, the neighborhood area to be served, why
1722-the program is needed, the estimated amount required to be invested in
1723-the program, the suggested plan for implementing the program, the
1724-agency designated by the municipality to oversee implementation of the
1725-program and such other information as the commissioner may
1726-prescribe. Each municipality shall hold at least one public hearing on
1727-the subject of which programs shall be included on such list prior to the
1728-submission of such list to the commissioner.
1729-Sec. 28. Subsection (c) of section 12-632 of the general statutes is
1730-repealed and the following is substituted in lieu thereof (Effective October
1731-1, 2022):
1732-(c) Any business firm [which] that desires to engage in any of the Substitute House Bill No. 5475
1733-
1734-Public Act No. 22-110 53 of 71
1735-
1736-activities or programs approved by any municipality pursuant to
1737-subsection (a) of this section and listed pursuant to subsection (b) of this
1738-section may apply to the Commissioner of Revenue Services for a tax
1739-credit in an amount as provided in section 12-633, 12-634, 12-635 or 12-
1740-635a. The proposal for such credit, which shall be made on a form
1741-prescribed and made available by the commissioner, shall set forth the
1742-program to be conducted, the neighborhood area to be invested in, the
1743-plans for implementing the program and such other information as said
1744-commissioner may prescribe. Such proposals shall be submitted to the
1745-commissioner on or after September fifteenth but no later than October
1746-first of each year. Such proposals shall be approved or disapproved by
1747-the [Commissioner of Revenue Services] commissioner based on the
1748-compliance of such proposal with the provisions of this chapter and
1749-regulations adopted pursuant to this chapter. The commissioner may
1750-only approve proposals received between September fifteenth and
1751-October first of each year. If, in the opinion of the [Commissioner of
1752-Revenue Services] commissioner, a business firm's investment can, for
1753-the purposes of this chapter, be made through contributions to a
1754-neighborhood organization as defined in [subsection (h)] subdivision (8)
1755-of section 12-631, as amended by this act, tax credits may be allowed in
1756-amounts as provided in section 12-633, 12-634, 12-635 or 12-635a.
1757-Sec. 29. Subsection (f) of section 12-632 of the general statutes is
1758-repealed and the following is substituted in lieu thereof (Effective October
1759-1, 2022):
1760-(f) The sum of all tax [credit] credits granted pursuant to the
1761-provisions of section 12-633, 12-634, 12-635 or 12-635a shall not exceed
1762-one hundred fifty thousand dollars annually per business firm and no
1763-tax credit shall be granted to any business firm for any individual
1764-amount invested of less than two hundred fifty dollars.
1765-Sec. 30. Section 17b-738 of the general statutes is repealed and the
1766-following is substituted in lieu thereof (Effective October 1, 2022): Substitute House Bill No. 5475
1767-
1768-Public Act No. 22-110 54 of 71
1769-
1770-The Commissioner of Early Childhood shall establish and administer
1771-a program of loans to business firms, as defined in [subsection (a) of]
1772-section 12-631, as amended by this act, for the purpose of planning, site
1773-preparation, construction, renovation or acquisition of facilities, within
1774-the state, for use as licensed child care centers, family child care homes
1775-or group child care homes to be used primarily by the children of
1776-employees of such corporations and children of employees of the
1777-municipalities in which such facilities are located. Such loans shall be
1778-made in accordance with the terms and conditions as provided in
1779-regulations adopted by the commissioner, in accordance with chapter
1780-54, shall be made for a period not to exceed five years and shall bear
1781-interest at a rate to be determined in accordance with subsection (t) of
1782-section 3-20.
1783-Sec. 31. Subdivision (1) of subsection (b) of section 12-699a of the
1784-general statutes is repealed and the following is substituted in lieu
1785-thereof (Effective October 1, 2022):
1786-(b) (1) Each affected business entity required to pay the tax imposed
1787-under section 12-699 and whose required annual payment for the
1788-taxable year is greater than or equal to one thousand dollars shall make
1789-the required annual payment each taxable year, in four required
1790-estimated tax installments on the following due dates: (A) For the first
1791-required installment, the fifteenth day of the fourth month of the taxable
1792-year; (B) for the second required installment, the fifteenth day of the
1793-sixth month of the taxable year; (C) for the third required installment,
1794-the fifteenth day of the ninth month of the taxable year; [,] and (D) for
1795-the fourth required installment, the fifteenth day of the first month of
1796-the next succeeding taxable year. An affected business entity may elect
1797-to pay any required installment prior to the specified due date. Except
1798-as provided in subdivision (2) of this subsection, the amount of each
1799-required installment shall be twenty-five per cent of the required annual
1800-payment. Substitute House Bill No. 5475
1801-
1802-Public Act No. 22-110 55 of 71
1803-
1804-Sec. 32. Subdivision (10) of subsection (a) of section 12-701 of the 2022
1805-supplement to the general statutes is repealed and the following is
1806-substituted in lieu thereof (Effective October 1, 2022):
1807-(10) "Connecticut fiduciary adjustment" means the net positive or
1808-negative total of the following items relating to income, gain, loss or
1809-deduction of a trust or estate:
1810-(A) There shall be added together:
1811-(i) [any] Any interest income from obligations issued by or on behalf
1812-of any state, political subdivision thereof, or public instrumentality,
1813-state or local authority, district or similar public entity, exclusive of such
1814-income from obligations issued by or on behalf of the state of
1815-Connecticut, any political subdivision thereof, or public
1816-instrumentality, state or local authority, district or similar public entity
1817-created under the laws of the state of Connecticut and exclusive of any
1818-such income with respect to which taxation by any state is prohibited by
1819-federal law; [,]
1820-(ii) [any] Any exempt-interest dividends, as defined in Section
1821-852(b)(5) of the Internal Revenue Code, exclusive of such exempt-
1822-interest dividends derived from obligations issued by or on behalf of the
1823-state of Connecticut, any political subdivision thereof, or public
1824-instrumentality, state or local authority, district or similar public entity
1825-created under the laws of the state of Connecticut and exclusive of such
1826-exempt-interest dividends derived from obligations, the income with
1827-respect to which taxation by any state is prohibited by federal law; [,]
1828-(iii) [any] Any interest or dividend income on obligations or securities
1829-of any authority, commission or instrumentality of the United States
1830-[which] that federal law exempts from federal income tax but does not
1831-exempt from state income taxes; [,]
1832-(iv) [to] To the extent properly includable in determining the net gain Substitute House Bill No. 5475
1833-
1834-Public Act No. 22-110 56 of 71
1835-
1836-or loss from the sale or other disposition of capital assets for federal
1837-income tax purposes, any loss from the sale or exchange of obligations
1838-issued by or on behalf of the state of Connecticut, any political
1839-subdivision thereof, or public instrumentality, state or local authority,
1840-district or similar public entity created under the laws of the state of
1841-Connecticut, in the income year such loss was recognized; [,]
1842-(v) [to] To the extent deductible in determining federal taxable
1843-income prior to deductions relating to distributions to beneficiaries, any
1844-income taxes imposed by this state; [,]
1845-(vi) [to] To the extent deductible in determining federal taxable
1846-income prior to deductions relating to distributions to beneficiaries, any
1847-interest on indebtedness incurred or continued to purchase or carry
1848-obligations or securities the interest on which is exempt from tax under
1849-this chapter; [,]
1850-(vii) [expenses] Expenses paid or incurred during the taxable year for
1851-the production or collection of income which is exempt from tax under
1852-this chapter, or the management, conservation or maintenance of
1853-property held for the production of such income, and the amortizable
1854-bond premium for the taxable year on any bond the interest on which is
1855-exempt from taxation under this chapter, to the extent that such
1856-expenses and premiums are deductible in determining federal taxable
1857-income prior to deductions relating to distributions to beneficiaries; [,]
1858-(viii) [to] To the extent deductible in determining federal taxable
1859-income prior to deductions relating to distributions to beneficiaries, the
1860-deduction allowable as qualified domestic production activities income,
1861-pursuant to Section 199 of the Internal Revenue Code; [,] and
1862-(ix) [to] To the extent not includable in federal taxable income prior
1863-to deductions relating to distributions to beneficiaries, the total amount
1864-of a lump sum distribution for the taxable year. Substitute House Bill No. 5475
1865-
1866-Public Act No. 22-110 57 of 71
1867-
1868-(B) There shall be subtracted from the sum of such items:
1869-(i) [to] To the extent properly includable in gross income for federal
1870-income tax purposes, any income with respect to which taxation by any
1871-state is prohibited by federal law; [,]
1872-(ii) [to] To the extent allowable under section 12-718, exempt
1873-dividends paid by a regulated investment company; [,]
1874-(iii) [with] With respect to any trust or estate [which] that is a
1875-shareholder of an S corporation which is carrying on, or [which] that has
1876-the right to carry on, business in this state, as said term is used in section
1877-12-214, as amended by this act, the amount of such shareholder's pro
1878-rata share of such corporation's nonseparately computed items, as
1879-defined in Section 1366 of the Internal Revenue Code, that is subject to
1880-tax under chapter 208, in accordance with subsection (c) of section 12-
1881-217 multiplied by such corporation's apportionment fraction, if any, as
1882-determined in accordance with section 12-218; [,]
1883-(iv) [to] To the extent properly includable in gross income for federal
1884-income tax purposes, any interest income from obligations issued by or
1885-on behalf of the state of Connecticut, any political subdivision thereof,
1886-or public instrumentality, state or local authority, district or similar
1887-public entity created under the laws of the state of Connecticut; [,]
1888-(v) [to] To the extent properly includable in determining the net gain
1889-or loss from the sale or other disposition of capital assets for federal
1890-income tax purposes, any gain from the sale or exchange of obligations
1891-issued by or on behalf of the state of Connecticut, any political
1892-subdivision thereof, or public instrumentality, state or local authority,
1893-district or similar public entity created under the laws of the state of
1894-Connecticut, in the income year such gain was recognized; [,]
1895-(vi) [any] Any interest on indebtedness incurred or continued to
1896-purchase or carry obligations or securities the interest on which is Substitute House Bill No. 5475
1897-
1898-Public Act No. 22-110 58 of 71
1899-
1900-subject to tax under this chapter, but exempt from federal income tax, to
1901-the extent that such interest on indebtedness is not deductible in
1902-determining federal taxable income prior to deductions relating to
1903-distributions to beneficiaries; [,]
1904-(vii) [ordinary] Ordinary and necessary expenses paid or incurred
1905-during the taxable year for the production or collection of income
1906-[which] that is subject to taxation under this chapter, but exempt from
1907-federal income tax, or the management, conservation or maintenance of
1908-property held for the production of such income, and the amortizable
1909-bond premium for the taxable year on any bond the interest on which is
1910-subject to tax under this chapter, but exempt from federal income tax, to
1911-the extent that such expenses and premiums are not deductible in
1912-determining federal taxable income prior to deductions relating to
1913-distributions to beneficiaries; [,] and
1914-(viii) [the] The amount of any refund or credit for overpayment of
1915-income taxes imposed by this state, to the extent properly includable in
1916-gross income for federal income tax purposes for the taxable year and to
1917-the extent deductible in determining federal taxable income prior to
1918-deductions relating to distributions to beneficiaries for the preceding
1919-taxable year.
1920-Sec. 33. Subdivisions (24) to (31), inclusive, of subsection (a) of section
1921-12-701 of the 2022 supplement to the general statutes are repealed and
1922-the following is substituted in lieu thereof (Effective October 1, 2022):
1923-(24) "Adjusted federal tentative minimum tax" of an individual
1924-means such individual's federal tentative minimum tax or, in the case of
1925-an individual whose Connecticut adjusted gross income includes
1926-modifications described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi),
1927-(A)(vii) or (A)(viii) of subdivision (20) of this subsection [(a) of this
1928-section] or subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii),
1929-(B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of this subsection, Substitute House Bill No. 5475
1930-
1931-Public Act No. 22-110 59 of 71
1932-
1933-[(a) of this section,] the amount that would have been the federal
1934-tentative minimum tax if such tax were calculated by including, to the
1935-extent not includable in federal alternative minimum taxable income,
1936-the modifications described in subparagraph (A)(i), (A)(ii), (A)(v),
1937-(A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this subsection, [(a) of
1938-this section,] by excluding, to the extent includable in federal alternative
1939-minimum taxable income, the modifications described in subparagraph
1940-(B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or
1941-(B)(xv) of subdivision (20) of this subsection, [(a) of this section,] and by
1942-excluding, to the extent includable in federal alternative minimum
1943-taxable income, the amount of any interest income or exempt-interest
1944-dividends, as defined in Section 852(b)(5) of the Internal Revenue Code,
1945-from obligations that are issued by or on behalf of the state of
1946-Connecticut, any political subdivision thereof, or public
1947-instrumentality, state or local authority, district, or similar public entity
1948-that is created under the laws of the state of Connecticut, or from
1949-obligations that are issued by or on behalf of any territory or possession
1950-of the United States, any political subdivision of such territory or
1951-possession, or public instrumentality, authority, district or similar
1952-public entity of such territory or possession, the income with respect to
1953-which taxation by any state is prohibited by federal law. If such
1954-individual is a beneficiary of a trust or estate, then, in calculating his or
1955-her federal tentative minimum tax, his or her federal alternative taxable
1956-income shall be increased or decreased, as the case may be, by the net
1957-amount of such individual's proportionate share of the Connecticut
1958-fiduciary adjustment relating to modifications that are described in, to
1959-the extent not includable in federal alternative minimum taxable
1960-income, subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii)
1961-of subdivision (20) of this subsection [(a) of this section,] or, to the extent
1962-includable in federal alternative minimum taxable income,
1963-subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x),
1964-(B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this
1965-section.] Substitute House Bill No. 5475
1966-
1967-Public Act No. 22-110 60 of 71
1968-
1969-(25) "Net Connecticut minimum tax" means the amount by which the
1970-Connecticut minimum tax exceeds the income tax imposed under
1971-section 12-700.
1972-(26) (A) "Connecticut minimum tax" of an individual means the lesser
1973-of (i) nineteen per cent of the adjusted federal tentative minimum tax, as
1974-defined in subdivision (24) of this subsection, [(a) of this section,] or (ii)
1975-five and one-half per cent of the adjusted federal alternative minimum
1976-taxable income, as defined in subdivision (30) of this subsection. (B)
1977-"Connecticut minimum tax" of a trust or estate means the lesser of (i)
1978-nineteen per cent of the adjusted federal tentative minimum tax, as
1979-defined in subdivision (28) of this subsection, or (ii) five and one-half
1980-per cent of the adjusted federal alternative minimum taxable income, as
1981-defined in subdivision (31) of this subsection.
1982-(27) "Adjusted net Connecticut minimum tax" means (A) if the
1983-Connecticut minimum tax is calculated under subparagraph (A)(i) or
1984-(B)(i), as the case may be, of subdivision (26) of this subsection, the
1985-excess, if any, of (i) the net Connecticut minimum tax, less the credit
1986-allowed under subsection (e) of section 12-700a, over (ii) the amount that
1987-would have been the net Connecticut minimum tax provided the
1988-adjustments and items of preference specified in Section 53(d) of the
1989-Internal Revenue Code had been used in determining the net
1990-Connecticut minimum tax, less the credit that would have been allowed
1991-under subsection (e) of section 12-700a for a similar tax determined by
1992-using only the adjustments and items of preference specified in Section
1993-53(d) of the Internal Revenue Code, or (B) if the Connecticut minimum
1994-tax is calculated under subparagraph (A)(ii) or (B)(ii), as the case may
1995-be, of subdivision (26) of this subsection, then the product of the excess
1996-that is described in subparagraph (A) of this subdivision and that is
1997-determined without regard to said subparagraph (A)(ii) or (B)(ii), as the
1998-case may be, of subdivision (26) of this subsection, multiplied by a
1999-fraction, the numerator of which is the net Connecticut minimum tax, as Substitute House Bill No. 5475
2000-
2001-Public Act No. 22-110 61 of 71
2002-
2003-if the Connecticut minimum tax were calculated under said
2004-subparagraph (A)(ii) or (B)(ii), as the case may be, of subdivision (26) of
2005-this subsection and the denominator of which is the net Connecticut
2006-minimum tax, as if the Connecticut minimum tax were calculated under
2007-said subparagraph (A)(i) or (B)(i), as the case may be, of subdivision (26)
2008-of this subsection.
2009-(28) "Adjusted federal tentative minimum tax" of a trust or estate
2010-means its federal tentative minimum tax or, in the case of a trust or estate
2011-whose Connecticut taxable income includes modifications described in
2012-subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) or (A)(vii) of
2013-subdivision (10) of this subsection [(a) of this section] or subparagraph
2014-(B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or (B)(vii) of subdivision (10)
2015-of this subsection, [(a) of this section,] the amount that would have been
2016-the federal tentative minimum tax if such tax were calculated by
2017-including, to the extent not includable in federal alternative minimum
2018-taxable income, the modifications described in subparagraph (A)(i),
2019-(A)(ii), (A)(iv), (A)(v), (A)(vi) or (A)(vii) of subdivision (10) of this
2020-subsection, [(a) of this section,] by excluding, to the extent includable in
2021-federal alternative minimum taxable income, the modifications
2022-described in subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or
2023-(B)(vii) of subdivision (10) of this subsection, [(a) of this section,] and by
2024-excluding, to the extent includable in federal alternative minimum
2025-taxable income, the amount of any interest income or exempt-interest
2026-dividends, as defined in Section 852(b)(5) of the Internal Revenue Code,
2027-from obligations that are issued by or on behalf of the state of
2028-Connecticut, any political subdivision thereof, or public
2029-instrumentality, state or local authority, district, or similar public entity
2030-that is created under the laws of the state of Connecticut, or from
2031-obligations that are issued by or on behalf of any territory or possession
2032-of the United States, any political subdivision of such territory or
2033-possession, or public instrumentality, authority, district or similar
2034-public entity of such territory or possession, the income with respect to Substitute House Bill No. 5475
2035-
2036-Public Act No. 22-110 62 of 71
2037-
2038-which taxation by any state is prohibited by federal law. If such trust or
2039-estate is itself a beneficiary of a trust or estate, then, for purposes of
2040-calculating its adjusted federal alternative minimum tax, its federal
2041-alternative minimum taxable income shall also be increased or
2042-decreased, as the case may be, by the net amount of such trust or estate's
2043-proportionate share of the Connecticut fiduciary adjustment relating to
2044-modifications that are described, to the extent not includable in federal
2045-alternative minimum taxable income, in subparagraph (A)(i), (A)(ii),
2046-(A)(iv), (A)(v), (A)(vi) or (A)(vii) of subdivision (10) of this subsection
2047-[(a) of this section] or, to the extent includable in federal alternative
2048-minimum taxable income, subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv),
2049-(B)(v), (B)(vi) or (B)(vii) of subdivision (10) of this subsection. [(a) of this
2050-section.]
2051-(29) "Federal alternative minimum taxable income" means alternative
2052-minimum taxable income, as defined in Section 55(b)(2) of the Internal
2053-Revenue Code.
2054-(30) "Adjusted federal alternative minimum taxable income" of an
2055-individual means his or her federal alternative minimum taxable
2056-income or, in the case of an individual whose Connecticut adjusted
2057-gross income includes modifications described in subparagraph (A)(i),
2058-(A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this
2059-subsection [(a) of this section] or subparagraph (B)(i), (B)(ii), (B)(v),
2060-(B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision
2061-(20) of this subsection, [(a) of this section,] the amount that would have
2062-been the federal alternative minimum taxable income if such amount
2063-were calculated by including, to the extent not includable in federal
2064-alternative minimum taxable income, the modifications described in
2065-subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of
2066-subdivision (20) of this subsection, [(a) of this section,] by excluding, to
2067-the extent includable in federal alternative minimum taxable income,
2068-the modifications described in subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), Substitute House Bill No. 5475
2069-
2070-Public Act No. 22-110 63 of 71
2071-
2072-(B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of
2073-this subsection, [(a) of this section,] and by excluding, to the extent
2074-includable in federal alternative minimum taxable income, the amount
2075-of any interest income or exempt-interest dividends, as defined in
2076-Section 852(b)(5) of the Internal Revenue Code, from obligations that are
2077-issued by or on behalf of the state of Connecticut, any political
2078-subdivision thereof, or public instrumentality, state or local authority,
2079-district, or similar public entity that is created under the laws of the state
2080-of Connecticut, or from obligations that are issued by or on behalf of any
2081-territory or possession of the United States, any political subdivision of
2082-such territory or possession, or public instrumentality, authority,
2083-district or similar public entity of such territory or possession, the
2084-income with respect to which taxation by any state is prohibited by
2085-federal law. If such individual is a beneficiary of a trust or estate, then,
2086-for purposes of calculating his or her adjusted federal alternative
2087-minimum taxable income, his or her federal alternative minimum
2088-taxable income shall also be increased or decreased, as the case may be,
2089-by the net amount of such individual's proportionate share of the
2090-Connecticut fiduciary adjustment relating to modifications to the extent
2091-not includable in federal alternative minimum taxable income, that are
2092-described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or
2093-(A)(viii) of subdivision (20) of this subsection [(a) of this section] or, to
2094-the extent includable in federal alternative minimum taxable income,
2095-subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x),
2096-(B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this
2097-section.]
2098-(31) "Adjusted federal alternative minimum taxable income" of a trust
2099-or estate means its federal alternative minimum taxable income or, in
2100-the case of a trust or estate whose Connecticut taxable income includes
2101-modifications described in subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v),
2102-(A)(vi) or (A)(vii) of subdivision (10) of this subsection [(a) of this
2103-section] or subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or Substitute House Bill No. 5475
2104-
2105-Public Act No. 22-110 64 of 71
2106-
2107-(B)(vii) of subdivision (10) of this subsection, [(a) of this section,] the
2108-amount that would have been the federal alternative minimum taxable
2109-income if such amount were calculated by including, to the extent not
2110-includable in federal alternative minimum taxable income, the
2111-modifications described in subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v),
2112-(A)(vi) or (A)(vii) of subdivision (10) of this subsection, [(a) of this
2113-section,] by excluding, to the extent includable in federal alternative
2114-minimum taxable income, the modifications described in subparagraph
2115-(B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or (B)(vii) of subdivision (10)
2116-of this subsection, [(a) of this section,] and by excluding, to the extent
2117-includable in federal alternative minimum taxable income, the amount
2118-of any interest income or exempt-interest dividends, as defined in
2119-Section 852(b)(5) of the Internal Revenue Code, from obligations that are
2120-issued by or on behalf of the state of Connecticut, any political
2121-subdivision thereof, or public instrumentality, state or local authority,
2122-district, or similar public entity that is created under the laws of the state
2123-of Connecticut, or from obligations that are issued by or on behalf of any
2124-territory or possession of the United States, any political subdivision of
2125-such territory or possession, or public instrumentality, authority,
2126-district or similar public entity of such territory or possession, the
2127-income with respect to which taxation by any state is prohibited by
2128-federal law. If such trust or estate is itself a beneficiary of a trust or estate,
2129-then, for purposes of calculating its adjusted federal alternative
2130-minimum taxable income, its federal alternative minimum taxable
2131-income shall also be increased or decreased, as the case may be, by the
2132-net amount of such trust or estate's proportionate share of the
2133-Connecticut fiduciary adjustment relating to modifications that are
2134-described, to the extent not includable in federal alternative minimum
2135-taxable income, in subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) or
2136-(A)(vii) of subdivision (10) of this subsection [(a) of this section,] or, to
2137-the extent includable in federal alternative minimum taxable income,
2138-subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or (B)(vii) of
2139-subdivision (10) of this subsection. [(a) of this section.] Substitute House Bill No. 5475
2140-
2141-Public Act No. 22-110 65 of 71
2142-
2143-Sec. 34. Section 12-701a of the general statutes is repealed and the
2144-following is substituted in lieu thereof (Effective October 1, 2022):
2145-The maximum [annual modification] amount that may be subtracted
2146-under subparagraph (B)(xiii) of subdivision (20) of subsection (a) of
2147-section 12-701 shall be equal to the amount of contributions to all
2148-accounts established pursuant to any qualified state tuition program, as
2149-defined in Section 529(b) of the Internal Revenue Code, established and
2150-maintained by this state or any official, agency or instrumentality of the
2151-state, but shall not exceed five thousand dollars for each individual
2152-taxpayer, or ten thousand dollars for taxpayers filing a joint return. Any
2153-amount of a contribution that is not subtracted by the taxpayer in the
2154-year for which the contribution is made, on or after January 1, 2006, may
2155-be carried forward as a subtraction from income for the succeeding five
2156-years; provided the amount subtracted shall not exceed the maximum
2157-allowed in each subsequent taxable year.
2158-Sec. 35. Subdivision (5) of subsection (c) of section 12-717 of the
2159-general statutes is repealed and the following is substituted in lieu
2160-thereof (Effective October 1, 2022):
2161-(5) If a trust changes its status from resident to nonresident or from
2162-nonresident to resident, the provisions of subdivisions (1) to (4),
2163-inclusive, of this subsection shall apply, except that the term
2164-"individual" shall be read as "trust", reference to "items of income, gain,
2165-loss or deduction" shall mean the trust's share of such items determined
2166-in accordance with the methods of allocation set forth in section 12-714,
2167-reference to "gain" shall include any modification for includable gain
2168-under [subsection] subdivision (9) of subsection (a) of section 12-701 and
2169-federal adjusted gross income shall be determined as if the trust were
2170-an individual.
2171-Sec. 36. Subsection (f) of section 12-18b of the 2022 supplement to the
2172-general statutes is repealed and the following is substituted in lieu Substitute House Bill No. 5475
2173-
2174-Public Act No. 22-110 66 of 71
2175-
2176-thereof (Effective October 1, 2022):
2177-(f) For purposes of this section, any real property that is owned by
2178-[the John Dempsey Hospital] The University of Connecticut Health
2179-Center Finance Corporation established pursuant to the provisions of
2180-sections 10a-250 to 10a-263, inclusive, or by one or more subsidiary
2181-corporations established pursuant to subdivision (13) of section 10a-254
2182-and that is free from taxation pursuant to the provisions of section 10a-
2183-259 shall be deemed to be state-owned real property.
2184-Sec. 37. Subsection (c) of section 12-19a of the 2022 supplement to the
2185-general statutes is repealed and the following is substituted in lieu
2186-thereof (Effective October 1, 2022):
2187-(c) As used in this section "total tax levied" means the total real
2188-property tax levy in such town for the fiscal year preceding the fiscal
2189-year in which a grant in lieu of taxes under this section is made, reduced
2190-by the Secretary of the Office of Policy and Management in an amount
2191-equal to all reimbursements certified as payable to such town by the
2192-secretary for real property exemptions and credits on the taxable grand
2193-list or rate bill of such town for the assessment year that corresponds to
2194-that for which the assessed valuation of the state-owned land and
2195-buildings has been provided. For purposes of this section and section
2196-12-19b, any real property which is owned by [the John Dempsey
2197-Hospital] The University of Connecticut Health Center Finance
2198-Corporation established pursuant to the provisions of sections 10a-250
2199-to 10a-263, inclusive, or by one or more subsidiary corporations
2200-established pursuant to subdivision (13) of section 10a-254 and which is
2201-free from taxation pursuant to the provisions of subdivision (13) of
2202-section 10a-259 shall be deemed to be state-owned real property. As
2203-used in this section and section 12-19b, "town" includes borough.
2204-Sec. 38. Section 3-20d of the general statutes is repealed and the
2205-following is substituted in lieu thereof (Effective October 1, 2022): Substitute House Bill No. 5475
2206-
2207-Public Act No. 22-110 67 of 71
2208-
2209-No state officer, employee, agency, board or commission, or any
2210-agent thereof, shall incur, for any purpose, any obligation, by order,
2211-contract, lease purchase, installment purchase or any other means,
2212-which anticipates that any gain therefrom or interest payable thereon by
2213-the state or such officer, employee, agency, board or commission, or
2214-agent thereof, shall be excludable from the taxable income of the
2215-recipient of such payments for the purposes of federal or state income
2216-taxation unless, prior to the execution of any such obligation by or on
2217-behalf of the state or such officer, employee, agency, board, commission
2218-or agent, (1) such officer, employee, agency, board or commission, or the
2219-agent thereof, has filed with the Treasurer, and the Treasurer has
2220-approved, documents relating to the transaction which support the
2221-availability of such tax exclusion and which set forth such monitoring
2222-procedures as may be necessary to ensure compliance with any
2223-requirements of the Internal Revenue Code of 1986, as from time to time
2224-amended, or any subsequent corresponding internal revenue code of
2225-the United States, related to the tax-exempt status of such obligation,
2226-and (2) such obligation contains a certificate from the Treasurer to the
2227-effect that the documents required to be filed with and approved by the
2228-Treasurer pursuant to this section have been so filed and approved and
2229-that any monitoring procedures which may be necessary to ensure
2230-compliance with any requirements of the Internal Revenue Code of
2231-1986, as from time to time amended, or any subsequent corresponding
2232-internal revenue code of the United States, related to the tax-exempt
2233-status of such obligation, have been implemented. Any such obligation
2234-which does not contain such a certificate shall not be considered an
2235-obligation of the state of Connecticut or of any officer, employee,
2236-agency, board or commission thereof, or any agent thereof, for any
2237-purpose relating to the exclusion of such obligation, or any gain
2238-therefrom or interest thereon, from the taxable income of the recipient
2239-for the purposes of federal or state income taxation. For the purposes of
2240-this section, "state officer, employee, agency, board or commission, or
2241-any agent thereof", shall include [the John Dempsey Hospital] The Substitute House Bill No. 5475
2242-
2243-Public Act No. 22-110 68 of 71
2244-
2245-University of Connecticut Health Center Finance Corporation or any
2246-similar organization.
2247-Sec. 39. Subsection (c) of section 4-28f of the general statutes is
2248-repealed and the following is substituted in lieu thereof (Effective October
2249-1, 2022):
2250-(c) The trust fund shall be administered by a board of trustees, except
2251-that the board shall suspend its operations from July 1, 2003, to June 30,
2252-2005, inclusive. The board shall consist of seventeen trustees. The
2253-appointment of the initial trustees shall be as follows: (1) The Governor
2254-shall appoint four trustees, one of whom shall serve for a term of one
2255-year from July 1, 2000, two of whom shall serve for a term of two years
2256-from July 1, 2000, and one of whom shall serve for a term of three years
2257-from July 1, 2000; (2) the speaker of the House of Representatives and
2258-the president pro tempore of the Senate each shall appoint two trustees,
2259-one of whom shall serve for a term of two years from July 1, 2000, and
2260-one of whom shall serve for a term of three years from July 1, 2000; (3)
2261-the majority leader of the House of Representatives and the majority
2262-leader of the Senate each shall appoint two trustees, one of whom shall
2263-serve for a term of one year from July 1, 2000, and one of whom shall
2264-serve for a term of three years from July 1, 2000; (4) the minority leader
2265-of the House of Representatives and the minority leader of the Senate
2266-each shall appoint two trustees, one of whom shall serve for a term of
2267-one year from July 1, 2000, and one of whom shall serve for a term of
2268-two years from July 1, 2000; and (5) the Secretary of the Office of Policy
2269-and Management, or the secretary's designee, shall serve as an ex-officio
2270-voting member. Following the expiration of such initial terms,
2271-subsequent trustees shall serve for a term of three years. The period of
2272-suspension of the board's operations from July 1, 2003, to June 30, 2005,
2273-inclusive, shall not be included in the term of any trustee serving on July
2274-1, 2003. The trustees shall serve without compensation except for
2275-reimbursement for necessary expenses incurred in performing their Substitute House Bill No. 5475
2276-
2277-Public Act No. 22-110 69 of 71
2278-
2279-duties. The board of trustees shall establish rules of procedure for the
2280-conduct of its business which shall include, but not be limited to,
2281-criteria, processes and procedures to be used in selecting programs to
2282-receive money from the trust fund. The trust fund shall be within the
2283-Office of Policy and Management for administrative purposes only. The
2284-board of trustees shall, not later than January first of each year, except
2285-following a fiscal year in which the trust fund does not receive a deposit
2286-from the Tobacco Settlement Fund, [shall] submit a report of its activities
2287-and accomplishments to the joint standing committees of the General
2288-Assembly having cognizance of matters relating to public health and
2289-appropriations and the budgets of state agencies, in accordance with
2290-section 11-4a.
2291-Sec. 40. Subsections (b) and (c) of section 4-66k of the 2022
2292-supplement to the general statutes are repealed and the following is
2293-substituted in lieu thereof (Effective October 1, 2022):
2294-(b) For the fiscal year ending June 30, 2014, funds from the regional
2295-planning incentive account shall be distributed to each regional
2296-planning organization, as defined in section 4-124i of the general
2297-statutes, revision of 1958, revised to January 1, 2013, in the amount of
2298-one hundred twenty-five thousand dollars. Any regional council of
2299-governments that is comprised of any two or more regional planning
2300-organizations that voluntarily consolidate on or before December 31,
2301-2013, shall receive an additional payment in an amount equal to the
2302-amount the regional planning organizations would have received if
2303-such regional planning organizations had not voluntarily consolidated.
2304-(c) For the fiscal years ending June 30, 2015, to June 30, 2021, inclusive,
2305-funds from the regional planning incentive account shall be distributed
2306-to each regional council of governments formed pursuant to section 4-
2307-124j, in the amount of one hundred twenty-five thousand dollars plus
2308-fifty cents per capita, using population information from the most recent
2309-federal decennial census. Any regional council of governments that is Substitute House Bill No. 5475
2310-
2311-Public Act No. 22-110 70 of 71
2312-
2313-comprised of any two or more regional planning organizations, as
2314-defined in section 4-124i of the general statutes, revision of 1958, revised
2315-to January 1, 2013, that voluntarily consolidated on or before December
2316-31, 2013, shall receive a payment in the amount of one hundred twenty-
2317-five thousand dollars for each such regional planning organization that
2318-voluntarily consolidated on or before said date.
2319-Sec. 41. Section 3-36c of the 2022 supplement to the general statutes is
2320-repealed and the following is substituted in lieu thereof (Effective October
2321-1, 2022):
2322-The Treasurer, on behalf of the trust and for purposes of the trust,
2323-may:
2324-(1) Receive and invest moneys in the trust in any instruments,
2325-obligations, securities or property in accordance with section 3-36d;
2326-(2) Enter into one or more contractual agreements, including
2327-contracts for legal, actuarial, accounting, custodial, advisory,
2328-management, administrative, advertising, marketing and consulting
2329-services for the trust and pay for such services from the assets of the
2330-trust;
2331-(3) Procure insurance in connection with the trust's property, assets,
2332-activities or deposits to the trust;
2333-(4) Apply for, accept and expend gifts, grants or donations from
2334-public or private sources to enable the trust to carry out its objectives;
2335-(5) Adopt regulations in accordance with chapter 54 for purposes of
2336-[public act 21-111] sections 3-36b to 3-36i, inclusive;
2337-(6) Sue and be sued;
2338-(7) Establish one or more funds within the trust; and Substitute House Bill No. 5475
2339-
2340-Public Act No. 22-110 71 of 71
2341-
2342-(8) Take any other action necessary to carry out the purposes of
2343-[public act 21-111] sections 3-36b to 3-36i, inclusive, and incidental to the
2344-duties imposed on the Treasurer pursuant to [public act 21-111] said
2345-sections.
2346-Sec. 42. Subdivision (1) of subsection (a) of section 31-225a of the 2022
2347-supplement to the general statutes is repealed and the following is
2348-substituted in lieu thereof (Effective October 1, 2022):
2349-(1) "Qualified employer" means each employer subject to this chapter
2350-whose experience record has been chargeable with benefits for at least
2351-one full experience year, with the exception of employers subject to a
2352-flat entry rate of contributions as provided under subsection [(e)] (d) of
2353-this section, employers subject to the maximum contribution rate under
2354-subsection (c) of section 31-273, and reimbursing employers;
2355-Sec. 43. Subsection (h) of section 38a-88a of the 2022 supplement to
2356-the general statutes is repealed and the following is substituted in lieu
2357-thereof (Effective October 1, 2022):
2358-(h) No taxpayer shall be eligible for a credit under this section and
2359-[either] section 12-217e [or section 12-217m] for the same investment. No
2360-two taxpayers shall be eligible for any tax credit with respect to the same
2361-investment, employee or facility.
2362-Sec. 44. (Effective from passage) Section 465 of public act 21-2 of the June
2363-special session shall take effect July 1, 2023, and shall be applicable to
2364-calendar quarters commencing on or after July 1, 2023.
471+ Substitute Bill No. 5475
472+
473+
474+LCO 14 of 68
475+
476+(d) Any homeowner qualified for tax reduction in accordance with 388
477+subsection (b) of this section in an amount to be determined under the 389
478+schedule of such tax reduction in subsection (c) of this section, shall in 390
479+no event receive less in tax reduction than the minimum amount of such 391
480+reduction applicable to the qualifying income of such homeowner 392
481+according to the schedule in said subsection (c). 393
482+(e) (1) Any claim for tax reduction under this section shall be 394
483+submitted for approval, on the application form prepared for such 395
484+purpose by the Secretary of the Office of Policy and Management, in the 396
485+first year claim for such tax relief is filed and biennially thereafter. Such 397
486+application form may be submitted by mail or electronic mail, in a 398
487+manner prescribed by the secretary. The amount of tax reduction 399
488+approved shall be applied to the real property tax payable by the 400
489+homeowner for the assessment year in which such application is 401
490+submitted and approved. If any such homeowner has qualified for tax 402
491+reduction under this section, the tax reduction determined shall, when 403
492+possible, be applied and prorated uniformly over the number of 404
493+installments in which the real property tax is due and payable to the 405
494+municipality in which [he] such homeowner resides. In the case of any 406
495+homeowner who is eligible for tax reduction under this section as a 407
496+result of increases in qualifying income, [effective with respect to the 408
497+assessment year commencing October 1, 1987,] under the schedule of 409
498+qualifying income and tax reduction in subsection (c) of this section, 410
499+exclusive of any such increases related to [social security] Social Security 411
500+adjustments in accordance with subsection (b) of this section, the total 412
501+amount of tax reduction to which such homeowner is entitled shall be 413
502+credited and uniformly prorated against property tax installment 414
503+payments applicable to such homeowner's residence [which] that 415
504+become due after such homeowner's application for tax reduction under 416
505+this section is accepted. In the event that a homeowner has paid in full 417
506+the amount of property tax applicable to such homeowner's residence, 418
507+regardless of whether the municipality requires the payment of 419
508+property taxes in one or more installments, such municipality shall 420
509+make payment to such homeowner in the amount of the tax reduction 421 Substitute Bill No. 5475
510+
511+
512+LCO 15 of 68
513+
514+allowed. The municipality shall be reimbursed for the amount of such 422
515+payment in accordance with subsection (g) of this section. 423
516+(2) In respect to such application required biennially after the filing 424
517+and approval for the first year, the tax assessor in each municipality 425
518+shall notify each such homeowner concerning application requirements 426
519+by mail or, at such homeowner's option, electronic mail, not later than 427
520+February first, annually enclosing a copy of the required application 428
521+form. Such homeowner may submit such application to the assessor by 429
522+mail or electronic mail, in a manner prescribed by the assessor, provided 430
523+it is received by the assessor not later than April fifteenth in the 431
524+assessment year with respect to which such tax reduction is claimed. 432
525+Not later than April thirtieth of such year the assessor shall notify, by 433
526+mail evidenced by a certificate of mailing, any such homeowner for 434
527+whom such application was not received by said April fifteenth 435
528+concerning application requirements and such homeowner shall be 436
529+required not later than May fifteenth to submit such application 437
530+personally or by electronic mail, in a manner prescribed by the assessor, 438
531+or, for reasonable cause, by a person acting on behalf of such taxpayer 439
532+as approved by the assessor. In the year immediately following any year 440
533+in which such homeowner has submitted application and qualified for 441
534+tax reduction in accordance with this section, such homeowner shall be 442
535+presumed, without filing application therefor, to be qualified for tax 443
536+reduction in accordance with the schedule in subsection (c) of this 444
537+section in the same percentage of property tax as allowed in the year 445
538+immediately preceding. 446
539+(3) If any homeowner has qualified and received tax reduction under 447
540+this section and subsequently in any calendar year has qualifying 448
541+income in excess of the maximum described in this section, such 449
542+homeowner shall notify the tax assessor by mail or electronic mail, in a 450
543+manner prescribed by the assessor, on or before the next filing date and 451
544+shall be denied tax reduction under this section for the assessment year 452
545+and any subsequent year or until such homeowner has reapplied and 453
546+again qualified for benefits under this section. Any such person who 454
547+fails to so notify the tax assessor of his disqualification shall refund all 455 Substitute Bill No. 5475
548+
549+
550+LCO 16 of 68
551+
552+amounts of tax reduction improperly taken and be fined not more than 456
553+five hundred dollars. 457
554+(f) (1) Any homeowner, believing such homeowner is entitled to tax 458
555+reduction benefits under this section for any assessment year, shall 459
556+make application as required in subsection (e) of this section, to the 460
557+assessor of the municipality in which the homeowner resides, for such 461
558+tax reduction at any time from February first to and including May 462
559+fifteenth of the year in which tax reduction is claimed. A homeowner 463
560+may make application to the secretary prior to August fifteenth of the 464
561+claim year for an extension of the application period. The secretary may 465
562+grant such extension in the case of extenuating circumstance due to 466
563+illness or incapacitation as evidenced by a certificate signed by a 467
564+physician, physician assistant or an advanced practice registered nurse 468
565+to that extent, or if the secretary determines there is good cause for doing 469
566+so. Such application for tax reduction benefits shall be submitted on a 470
567+form prescribed and furnished by the secretary to the assessor. In 471
568+making application the homeowner shall present to such assessor, in 472
569+substantiation of such homeowner's application, a copy of such 473
570+homeowner's federal income tax return, including a copy of the Social 474
571+Security statement of earnings for such homeowner, and that of such 475
572+homeowner's spouse, if filed separately, for such homeowner's taxable 476
573+year ending immediately prior to the submission of such application, or 477
574+if not required to file a return, such other evidence of qualifying income 478
575+in respect to such taxable year as may be required by the assessor. 479
576+(2) When the assessor is satisfied that the applying homeowner is 480
577+entitled to tax reduction in accordance with this section, such assessor 481
578+shall issue a certificate of credit, in such form as the secretary may 482
579+prescribe and supply showing the amount of tax reduction allowed. A 483
580+duplicate of such certificate shall be delivered to the applicant and the 484
581+tax collector of the municipality and the assessor shall keep the fourth 485
582+copy of such certificate and a copy of the application. Any homeowner 486
583+who, for the purpose of obtaining a tax reduction under this section, 487
584+wilfully fails to disclose all matters related thereto or with intent to 488
585+defraud makes false statement shall refund all property tax credits 489 Substitute Bill No. 5475
586+
587+
588+LCO 17 of 68
589+
590+improperly taken and shall be fined not more than five hundred dollars. 490
591+(3) Applications filed under this section shall not be open for public 491
592+inspection. 492
593+(g) (1) On or before July first, annually, each municipality shall 493
594+submit to the secretary a claim for the tax reductions approved under 494
595+this section in relation to the assessment list of October first immediately 495
596+preceding. On or after December [1, 1987] first, annually, any 496
597+municipality that neglects to transmit to the secretary the claim as 497
598+required by this section shall forfeit two hundred fifty dollars to the 498
599+state, except that the secretary may waive such forfeiture in accordance 499
600+with procedures and standards established by regulations adopted in 500
601+accordance with chapter 54. 501
602+(2) Subject to procedures for review and approval of such data 502
603+pursuant to section 12-120b, said secretary shall, on or before December 503
604+fifteenth next following, certify to the Comptroller the amount due each 504
605+municipality as reimbursement for loss of property tax revenue related 505
606+to the tax reductions allowed under this section, except that the 506
607+secretary may reduce the amount due as reimbursement under this 507
608+section by up to one hundred per cent for any municipality that is not 508
609+eligible for a grant under section 32-9s. The Comptroller shall draw an 509
610+order on the Treasurer on or before the fifth business day following 510
611+December fifteenth and the Treasurer shall pay the amount due each 511
612+municipality not later than the thirty-first day of December. 512
613+(3) Any claimant aggrieved by the results of the secretary's review 513
614+shall have the rights of appeal as set forth in section 12-120b. The 514
615+amount of the grant payable to each municipality in any year in 515
616+accordance with this section shall be reduced proportionately in the 516
617+event that the total of such grants in such year exceeds the amount 517
618+appropriated for the purposes of this section with respect to such year. 518
619+(h) Any person who is the owner of a residential dwelling on leased 519
620+land, including any such person who is a sublessee under terms of the 520
621+lease agreement applicable to such land, shall be entitled to claim tax 521 Substitute Bill No. 5475
622+
623+
624+LCO 18 of 68
625+
626+relief under the provisions of this section, subject to all requirements 522
627+therein except as provided in this [subdivision] subsection, with respect 523
628+to property taxes paid by such person on the assessed value of such 524
629+dwelling, provided (1) the dwelling is such person's principal place of 525
630+residence, (2) such lease or sublease requires that such person as the 526
631+lessee or sublessee, whichever is applicable, pay all property taxes 527
632+related to the dwelling and (3) such lease or sublease is recorded in the 528
633+land records of the town. 529
634+(i) (1) If any person with respect to whom a claim for tax reduction in 530
635+accordance with this section has been approved for any assessment year 531
636+transfers, assigns, grants or otherwise conveys on or after the first day 532
637+of October but prior to the first day of August in such assessment year 533
638+the interest in real property to which such claim for tax credit is related, 534
639+regardless of whether such transfer, assignment, grant or conveyance is 535
640+voluntary or involuntary, the amount of such tax credit shall be a pro 536
641+rata portion of the amount otherwise applicable in such assessment year 537
642+to be determined by a fraction the numerator of which shall be the 538
643+number of full months from the first day of October in such assessment 539
644+year to the date of such conveyance and the denominator of which shall 540
645+be twelve. If such conveyance occurs in the month of October the 541
646+grantor shall be disqualified for tax credit in such assessment year. The 542
647+grantee shall be required within a period not exceeding ten days 543
648+immediately following the date of such conveyance to notify the 544
649+assessor thereof by mail or electronic mail, in a manner prescribed by 545
650+the assessor, or in the absence of such notice, upon determination by the 546
651+assessor that such transfer, assignment, grant or conveyance has 547
652+occurred, the assessor shall [(1)] (A) determine the amount of tax 548
653+reduction to which the grantor is entitled for such assessment year with 549
654+respect to the interest in real property conveyed and notify the tax 550
655+collector of the reduced amount of tax reduction applicable to such 551
656+interest, and [(2)] (B) notify the Secretary of the Office of Policy and 552
657+Management on or before the October first immediately following the 553
658+end of the assessment year in which such conveyance occurs of the 554
659+reduction in such tax reduction for purposes of a corresponding 555 Substitute Bill No. 5475
660+
661+
662+LCO 19 of 68
663+
664+adjustment in the amount of state payment to the municipality next 556
665+following as reimbursement for the revenue loss related to such tax 557
666+reductions. On or after December [1, 1987] first, annually, any 558
667+municipality [which] that neglects to transmit to the Secretary of the 559
668+Office of Policy and Management the claim as required by this section 560
669+shall forfeit two hundred fifty dollars to the state, [provided] except that 561
670+the secretary may waive such forfeiture in accordance with procedures 562
671+and standards established by regulations adopted in accordance with 563
672+chapter 54. 564
673+(2) Upon receipt of such notice from the assessor, the tax collector 565
674+shall, if such notice is received after the tax due date in the municipality, 566
675+within ten days thereafter mail, hand or deliver by electronic mail, at the 567
676+grantee's option, a bill to the grantee stating the additional amount of 568
677+tax due as determined by the assessor. Such tax shall be due and payable 569
678+and collectible as other property taxes and subject to the same liens and 570
679+processes of collection, provided such tax shall be due and payable in 571
680+an initial or single installment not sooner than thirty days after the date 572
681+such bill is mailed or handed to the grantee and in equal amounts in any 573
682+remaining, regular installments as the same are due and payable. 574
683+(j) (1) Notwithstanding the intent in subsections (a) to (i), inclusive, 575
684+of this section to provide for benefits in the form of property tax 576
685+reduction applicable to persons liable for payment of such property tax 577
686+and qualified in accordance with requirements related to age and 578
687+income as provided in subsection (b) of this section, a certain annual 579
688+benefit, determined in amount under the provisions of subsections (c) 580
689+and (d) of this section but payable in a manner as prescribed in this 581
690+subsection, shall be provided with respect to any person who (A) is 582
691+qualified in accordance with said requirements related to age and 583
692+income as provided in subsection (b) of this section, including 584
693+provisions concerning such person's spouse, and (B) is a resident of a 585
694+dwelling unit within a multiple-dwelling complex containing dwelling 586
695+units for occupancy by certain elderly persons under terms of a contract 587
696+between such resident and the owner of such complex, in accordance 588
697+with which contract such resident occupies a certain dwelling unit 589 Substitute Bill No. 5475
698+
699+
700+LCO 20 of 68
701+
702+subject to the express provision that such resident has no legal title, 590
703+interest or leasehold estate in the real or personal property of such 591
704+complex, and under the terms of which contract such resident agrees to 592
705+pay the owner of the complex a fee, as a condition precedent to 593
706+occupancy and a monthly or other such periodic fee thereafter as a 594
707+condition of continued occupancy. In no event shall any such resident 595
708+be qualified for benefits payable in accordance with this subsection if, as 596
709+determined by the assessor in the municipality in which such complex 597
710+is situated, such resident's contract with the owner of such complex, or 598
711+occupancy by such resident (i) confers upon such resident any 599
712+ownership interest in the dwelling unit occupied or in such complex, or 600
713+(ii) establishes a contract of lease of any type for the dwelling unit 601
714+occupied by such resident. 602
715+(2) The amount of annual benefit payable in accordance with this 603
716+subsection to any such resident, qualified as provided in subdivision (1) 604
717+of this subsection, shall be determined in relation to an assumed amount 605
718+of property tax liability applicable to the assessed value for the dwelling 606
719+unit which such resident occupies, as determined by the assessor in the 607
720+municipality in which such complex is situated. Annually, not later than 608
721+the first day of June, the assessor in such municipality, upon receipt of 609
722+an application for such benefit submitted in accordance with this 610
723+subsection by mail or electronic mail, in a manner prescribed by the 611
724+assessor, by any such resident, shall determine, with respect to the 612
725+assessment list in such municipality for the assessment year 613
726+commencing October first immediately preceding, the portion of the 614
727+assessed value of the entire complex, as included in such assessment list, 615
728+attributable to the dwelling unit occupied by such resident. The 616
729+assumed property tax liability for purposes of this subsection shall be 617
730+the product of such assessed value and the mill rate in such municipality 618
731+as determined for purposes of property tax imposed on said assessment 619
732+list for the assessment year commencing October first immediately 620
733+preceding. The amount of benefit to which such resident shall be 621
734+entitled for such assessment year shall be equivalent to the amount of 622
735+tax reduction for which such resident would qualify, considering such 623 Substitute Bill No. 5475
736+
737+
738+LCO 21 of 68
739+
740+assumed property tax liability to be the actual property tax applicable 624
741+to such resident's dwelling unit and such resident as liable for the 625
742+payment of such tax, in accordance with the schedule of qualifying 626
743+income and tax reduction as provided in subsection (c) of this section, 627
744+subject to provisions concerning maximum allowable benefit for any 628
745+assessment year under subsections (c) and (d) of this section. The 629
746+amount of benefit as determined for such resident in respect to any 630
747+assessment year shall be payable by the state as a grant to such resident 631
748+equivalent to the amount of property tax reduction to which such 632
749+resident would be entitled under subsections (a) to (i), inclusive, of this 633
750+section if such resident were the owner of such dwelling unit and 634
751+qualified for tax reduction benefits under said subsections (a) to (i), 635
752+inclusive. 636
753+(3) Any such resident entitled to a grant as provided in subdivision 637
754+(2) of this subsection shall be required to submit an application to the 638
755+assessor in the municipality in which such resident resides for such 639
756+grant by mail or electronic mail, in a manner prescribed by the assessor, 640
757+at any time from February first to and including the fifteenth day of May 641
758+in the year in which such grant is claimed, on a form prescribed and 642
759+furnished for such purpose by the Secretary of the Office of Policy and 643
760+Management. Any such resident submitting an application for such 644
761+grant shall be required to present to the assessor, in substantiation of 645
762+such application, a copy of such resident's federal income tax return, 646
763+and if not required to file a federal income tax return, such other 647
764+evidence of qualifying income, receipts for money received or cancelled 648
765+checks, or copies thereof, and any other evidence the assessor may 649
766+require. Not later than the first day of July in such year, the assessor shall 650
767+submit to the Secretary of the Office of Policy and Management (A) a 651
768+copy of the application prepared by such resident, together with such 652
769+resident's federal income tax return, if required to file such a return, and 653
770+any other information submitted in relation thereto, (B) determinations 654
771+of the assessor concerning the assessed value of the dwelling unit in 655
772+such complex occupied by such resident, and (C) the amount of such 656
773+grant approved by the assessor. Said secretary, upon approving such 657 Substitute Bill No. 5475
774+
775+
776+LCO 22 of 68
777+
778+grant, shall certify the amount thereof and not later than the fifteenth 658
779+day of September immediately following submit approval for payment 659
780+of such grant to the State Comptroller. Not later than five business days 660
781+immediately following receipt of such approval for payment, the State 661
782+Comptroller shall draw [his or her] an order [upon] on the State 662
783+Treasurer and the Treasurer shall pay the amount of the grant to such 663
784+resident not later than the first day of October immediately following. 664
785+(k) If the Secretary of the Office of Policy and Management makes any 665
786+adjustments to the grants for tax reductions or assumed amounts of 666
787+property tax liability claimed under this section subsequent to the 667
788+[Comptroller the] State Comptroller's order of payment of [said] such 668
789+grants in any year, the amount of such adjustment shall be reflected in 669
790+the next payment the Treasurer shall make to such municipality 670
791+pursuant to this section. 671
792+Sec. 11. Subsection (a) of section 12-208 of the general statutes is 672
793+repealed and the following is substituted in lieu thereof (Effective October 673
794+1, 2022): 674
795+(a) Any company subject to any tax or charge under this chapter that 675
796+is aggrieved by the action of the commissioner or the commissioner's 676
797+authorized agent in fixing the amount of any tax, penalty, interest or 677
798+charge provided for by this chapter may apply to the commissioner, in 678
799+writing, not later than sixty days after the notice of such action is 679
800+delivered or mailed to the company, for a hearing and a correction of 680
801+the amount of such tax, penalty, interest or charge, so fixed, setting forth 681
802+the reasons why such hearing should be granted and the amount in 682
803+which such tax, penalty, interest or charge should be reduced. The 683
804+commissioner shall promptly consider each such application and may 684
805+grant or deny the hearing requested. If the hearing is denied, the 685
806+applicant shall be notified forthwith. If it is granted, the commissioner 686
807+shall notify the applicant of the time and place fixed for such hearing. 687
808+After such hearing the commissioner may make such order in the 688
809+premises as appears to [him] the commissioner just and lawful and shall 689
810+furnish a copy of such order to the applicant. The commissioner may, 690 Substitute Bill No. 5475
811+
812+
813+LCO 23 of 68
814+
815+by notice in writing, at any time within three years after the date when 691
816+any return of any such person has been due, order a hearing on [his] the 692
817+commissioner's own initiative and require such person or any other 693
818+individual whom the commissioner believes to be in possession of 694
819+relevant information concerning such person to appear before the 695
820+commissioner or the commissioner's authorized agent with any 696
821+specified books of account, papers or other documents, for examination 697
822+under oath. 698
823+Sec. 12. Subsection (b) of section 12-214 of the 2022 supplement to the 699
824+general statutes is repealed and the following is substituted in lieu 700
825+thereof (Effective October 1, 2022): 701
826+[(b) (1) With respect to income years commencing on or after January 702
827+1, 1989, and prior to January 1, 1992, any company subject to the tax 703
828+imposed in accordance with subsection (a) of this section shall pay, for 704
829+each such income year, an additional tax in an amount equal to twenty 705
830+per cent of the tax calculated under said subsection (a) for such income 706
831+year, without reduction of the tax so calculated by the amount of any 707
832+credit against such tax. The additional amount of tax determined under 708
833+this subsection for any income year shall constitute a part of the tax 709
834+imposed by the provisions of said subsection (a) and shall become due 710
835+and be paid, collected and enforced as provided in this chapter. 711
836+(2) With respect to income years commencing on or after January 1, 712
837+1992, and prior to January 1, 1993, any company subject to the tax 713
838+imposed in accordance with subsection (a) of this section shall pay, for 714
839+each such income year, an additional tax in an amount equal to ten per 715
840+cent of the tax calculated under said subsection (a) for such income year, 716
841+without reduction of the tax so calculated by the amount of any credit 717
842+against such tax. The additional amount of tax determined under this 718
843+subsection for any income year shall constitute a part of the tax imposed 719
844+by the provisions of said subsection (a) and shall become due and be 720
845+paid, collected and enforced as provided in this chapter. 721
846+(3) With respect to income years commencing on or after January 1, 722 Substitute Bill No. 5475
847+
848+
849+LCO 24 of 68
850+
851+2003, and prior to January 1, 2004, any company subject to the tax 723
852+imposed in accordance with subsection (a) of this section shall pay, for 724
853+each such income year, an additional tax in an amount equal to twenty 725
854+per cent of the tax calculated under said subsection (a) for such income 726
855+year, without reduction of the tax so calculated by the amount of any 727
856+credit against such tax. The additional amount of tax determined under 728
857+this subsection for any income year shall constitute a part of the tax 729
858+imposed by the provisions of said subsection (a) and shall become due 730
859+and be paid, collected and enforced as provided in this chapter. 731
860+(4) With respect to income years commencing on or after January 1, 732
861+2004, and prior to January 1, 2005, any company subject to the tax 733
862+imposed in accordance with subsection (a) of this section shall pay, for 734
863+each such income year, an additional tax in an amount equal to twenty-735
864+five per cent of the tax calculated under said subsection (a) for such 736
865+income year, without reduction of the tax so calculated by the amount 737
866+of any credit against such tax, except that any company that pays the 738
867+minimum tax of two hundred fifty dollars under section 12-219 or 12-739
868+223c for such income year shall not be subject to the additional tax 740
869+imposed by this subdivision. The additional amount of tax determined 741
870+under this subdivision for any income year shall constitute a part of the 742
871+tax imposed by the provisions of said subsection (a) and shall become 743
872+due and be paid, collected and enforced as provided in this chapter.] 744
873+[(5)] (b) (1) With respect to income years commencing on or after 745
874+January 1, 2006, and prior to January 1, 2007, any company subject to the 746
875+tax imposed in accordance with subsection (a) of this section shall pay, 747
876+except when the tax so calculated is equal to two hundred fifty dollars, 748
877+for each such income year, an additional tax in an amount equal to 749
878+twenty per cent of the tax calculated under said subsection (a) for such 750
879+income year, without reduction of the tax so calculated by the amount 751
880+of any credit against such tax. The additional amount of tax determined 752
881+under this subsection for any income year shall constitute a part of the 753
882+tax imposed by the provisions of said subsection (a) and shall become 754
883+due and be paid, collected and enforced as provided in this chapter. 755 Substitute Bill No. 5475
884+
885+
886+LCO 25 of 68
887+
888+[(6)] (2) (A) With respect to income years commencing on or after 756
889+January 1, 2009, and prior to January 1, 2012, any company subject to the 757
890+tax imposed in accordance with subsection (a) of this section shall pay, 758
891+for each such income year, except when the tax so calculated is equal to 759
892+two hundred fifty dollars, an additional tax in an amount equal to ten 760
893+per cent of the tax calculated under said subsection (a) for such income 761
894+year, without reduction of the tax so calculated by the amount of any 762
895+credit against such tax. The additional amount of tax determined under 763
896+this subsection for any income year shall constitute a part of the tax 764
897+imposed by the provisions of said subsection (a) and shall become due 765
898+and be paid, collected and enforced as provided in this chapter. 766
899+(B) Any company whose gross income for the income year was less 767
900+than one hundred million dollars shall not be subject to the additional 768
901+tax imposed under subparagraph (A) of this subdivision. This exception 769
902+shall not apply to companies filing a combined return for the income 770
903+year under section 12-223a or a unitary return under subsection (d) of 771
904+section 12-218d. 772
905+[(7)] (3) (A) With respect to income years commencing on or after 773
906+January 1, 2012, and prior to January 1, 2018, any company subject to the 774
907+tax imposed in accordance with subsection (a) of this section shall pay, 775
908+for each such income year, except when the tax so calculated is equal to 776
909+two hundred fifty dollars, an additional tax in an amount equal to 777
910+twenty per cent of the tax calculated under said subsection (a) for such 778
911+income year, without reduction of the tax so calculated by the amount 779
912+of any credit against such tax. The additional amount of tax determined 780
913+under this subsection for any income year shall constitute a part of the 781
914+tax imposed by the provisions of said subsection (a) and shall become 782
915+due and be paid, collected and enforced as provided in this chapter. 783
916+(B) Any company whose gross income for the income year was less 784
917+than one hundred million dollars shall not be subject to the additional 785
918+tax imposed under subparagraph (A) of this subdivision. With respect 786
919+to income years commencing on or after January 1, 2012, and prior to 787
920+January 1, 2016, this exception shall not apply to companies filing a 788 Substitute Bill No. 5475
921+
922+
923+LCO 26 of 68
924+
925+combined return for the income year under section 12-223a or a unitary 789
926+return under subsection (d) of section 12-218d. With respect to income 790
927+years commencing on or after January 1, 2016, and prior to January 1, 791
928+2018, this exception shall not apply to taxable members of a combined 792
929+group that files a combined unitary tax return. 793
930+[(8)] (4) (A) With respect to income years commencing on or after 794
931+January 1, 2018, and prior to January 1, 2023, any company subject to the 795
932+tax imposed in accordance with subsection (a) of this section shall pay, 796
933+for such income year, except when the tax so calculated is equal to two 797
934+hundred fifty dollars, an additional tax in an amount equal to ten per 798
935+cent of the tax calculated under said subsection (a) for such income year, 799
936+without reduction of the tax so calculated by the amount of any credit 800
937+against such tax. The additional amount of tax determined under this 801
938+subsection for any income year shall constitute a part of the tax imposed 802
939+by the provisions of said subsection (a) and shall become due and be 803
940+paid, collected and enforced as provided in this chapter. 804
941+(B) Any company whose gross income for the income year was less 805
942+than one hundred million dollars shall not be subject to the additional 806
943+tax imposed under subparagraph (A) of this subdivision. This exception 807
944+shall not apply to taxable members of a combined group that files a 808
945+combined unitary tax return. 809
946+Sec. 13. Subsection (b) of section 12-219 of the 2022 supplement to the 810
947+general statutes is repealed and the following is substituted in lieu 811
948+thereof (Effective October 1, 2022): 812
949+[(b) (1) With respect to income years commencing on or after January 813
950+1, 1989, and prior to January 1, 1992, the additional tax imposed on any 814
951+company and calculated in accordance with subsection (a) of this section 815
952+shall, for each such income year, except when the tax so calculated is 816
953+equal to two hundred fifty dollars, be increased by adding thereto an 817
954+amount equal to twenty per cent of the additional tax so calculated for 818
955+such income year, without reduction of the additional tax so calculated 819
956+by the amount of any credit against such tax. The increased amount of 820 Substitute Bill No. 5475
957+
958+
959+LCO 27 of 68
960+
961+tax payable by any company under this section, as determined in 821
962+accordance with this subsection, shall become due and be paid, collected 822
963+and enforced as provided in this chapter. 823
964+(2) With respect to income years commencing on or after January 1, 824
965+1992, and prior to January 1, 1993, the additional tax imposed on any 825
966+company and calculated in accordance with subsection (a) of this section 826
967+shall, for each such income year, except when the tax so calculated is 827
968+equal to two hundred fifty dollars, be increased by adding thereto an 828
969+amount equal to ten per cent of the additional tax so calculated for such 829
970+income year, without reduction of the tax so calculated by the amount 830
971+of any credit against such tax. The increased amount of tax payable by 831
972+any company under this section, as determined in accordance with this 832
973+subsection, shall become due and be paid, collected and enforced as 833
974+provided in this chapter. 834
975+(3) With respect to income years commencing on or after January 1, 835
976+2003, and prior to January 1, 2004, the additional tax imposed on any 836
977+company and calculated in accordance with subsection (a) of this section 837
978+shall, for each such income year, be increased by adding thereto an 838
979+amount equal to twenty per cent of the additional tax so calculated for 839
980+such income year, without reduction of the tax so calculated by the 840
981+amount of any credit against such tax. The increased amount of tax 841
982+payable by any company under this section, as determined in 842
983+accordance with this subsection, shall become due and be paid, collected 843
984+and enforced as provided in this chapter. 844
985+(4) With respect to income years commencing on or after January 1, 845
986+2004, and prior to January 1, 2005, the additional tax imposed on any 846
987+company and calculated in accordance with subsection (a) of this section 847
988+shall, for each such income year, be increased by adding thereto an 848
989+amount equal to twenty-five per cent of the additional tax so calculated 849
990+for such income year, without reduction of the tax so calculated by the 850
991+amount of any credit against such tax, except that any company that 851
992+pays the minimum tax of two hundred fifty dollars under this section or 852
993+section 12-223c for such income year shall not be subject to such 853 Substitute Bill No. 5475
994+
995+
996+LCO 28 of 68
997+
998+additional tax. The increased amount of tax payable by any company 854
999+under this subdivision, as determined in accordance with this 855
1000+subsection, shall become due and be paid, collected and enforced as 856
1001+provided in this chapter.] 857
1002+[(5)] (b) (1) With respect to income years commencing on or after 858
1003+January 1, 2006, and prior to January 1, 2007, the additional tax imposed 859
1004+on any company and calculated in accordance with subsection (a) of this 860
1005+section shall, for each such income year, except when the tax so 861
1006+calculated is equal to two hundred fifty dollars, be increased by adding 862
1007+thereto an amount equal to twenty per cent of the additional tax so 863
1008+calculated for such income year, without reduction of the tax so 864
1009+calculated by the amount of any credit against such tax. The increased 865
1010+amount of tax payable by any company under this section, as 866
1011+determined in accordance with this subsection, shall become due and be 867
1012+paid, collected and enforced as provided in this chapter. 868
1013+[(6)] (2) (A) With respect to income years commencing on or after 869
1014+January 1, 2009, and prior to January 1, 2012, the additional tax imposed 870
1015+on any company and calculated in accordance with subsection (a) of this 871
1016+section shall, for each such income year, except when the tax so 872
1017+calculated is equal to two hundred fifty dollars, be increased by adding 873
1018+thereto an amount equal to ten per cent of the additional tax so 874
1019+calculated for such income year, without reduction of the tax so 875
1020+calculated by the amount of any credit against such tax. The increased 876
1021+amount of tax payable by any company under this section, as 877
1022+determined in accordance with this subsection, shall become due and be 878
1023+paid, collected and enforced as provided in this chapter. 879
1024+(B) Any company whose gross income for the income year was less 880
1025+than one hundred million dollars shall not be subject to the additional 881
1026+tax imposed under subparagraph (A) of this subdivision. This exception 882
1027+shall not apply to companies filing a combined return for the income 883
1028+year under section 12-223a or a unitary return under subsection (d) of 884
1029+section 12-218d. 885 Substitute Bill No. 5475
1030+
1031+
1032+LCO 29 of 68
1033+
1034+[(7)] (3) (A) With respect to income years commencing on or after 886
1035+January 1, 2012, and prior to January 1, 2018, the additional tax imposed 887
1036+on any company and calculated in accordance with subsection (a) of this 888
1037+section shall, for each such income year, except when the tax so 889
1038+calculated is equal to two hundred fifty dollars, be increased by adding 890
1039+thereto an amount equal to twenty per cent of the additional tax so 891
1040+calculated for such income year, without reduction of the tax so 892
1041+calculated by the amount of any credit against such tax. The increased 893
1042+amount of tax payable by any company under this section, as 894
1043+determined in accordance with this subsection, shall become due and be 895
1044+paid, collected and enforced as provided in this chapter. 896
1045+(B) Any company whose gross income for the income year was less 897
1046+than one hundred million dollars shall not be subject to the additional 898
1047+tax imposed under subparagraph (A) of this subdivision. With respect 899
1048+to income years commencing on or after January 1, 2012, and prior to 900
1049+January 1, 2016, this exception shall not apply to companies filing a 901
1050+combined return for the income year under section 12-223a or a unitary 902
1051+return under subsection (d) of section 12-218d. With respect to income 903
1052+years commencing on or after January 1, 2016, and prior to January 1, 904
1053+2018, this exception shall not apply to taxable members of a combined 905
1054+group that files a combined unitary tax return. 906
1055+[(8)] (4) (A) With respect to income years commencing on or after 907
1056+January 1, 2018, and prior to January 1, 2023, the additional tax imposed 908
1057+on any company and calculated in accordance with subsection (a) of this 909
1058+section shall, for such income year, except when the tax so calculated is 910
1059+equal to two hundred fifty dollars, be increased by adding thereto an 911
1060+amount equal to ten per cent of the additional tax so calculated for such 912
1061+income year, without reduction of the tax so calculated by the amount 913
1062+of any credit against such tax. The increased amount of tax payable by 914
1063+any company under this section, as determined in accordance with this 915
1064+subsection, shall become due and be paid, collected and enforced as 916
1065+provided in this chapter. 917
1066+(B) Any company whose gross income for the income year was less 918 Substitute Bill No. 5475
1067+
1068+
1069+LCO 30 of 68
1070+
1071+than one hundred million dollars shall not be subject to the additional 919
1072+tax imposed under subparagraph (A) of this subdivision. This exception 920
1073+shall not apply to taxable members of a combined group that files a 921
1074+combined unitary tax return. 922
1075+Sec. 14. Subdivision (3) of subsection (a) of section 12-217 of the 923
1076+general statutes is repealed and the following is substituted in lieu 924
1077+thereof (Effective October 1, 2022): 925
1078+(3) Notwithstanding any provision of this section to the contrary, no 926
1079+dividend received from a real estate investment trust shall be deductible 927
1080+under this section by the recipient unless the dividend is: (A) Deductible 928
1081+under Section 243 of the Internal Revenue Code; (B) received by a 929
1082+qualified dividend recipient from a qualified real estate investment trust 930
1083+and, as of the last day of the period for which such dividend is paid, 931
1084+persons, not including the qualified dividend recipient or any person 932
1085+that is either a related person to, or an employee or director of, the 933
1086+qualified dividend recipient, have outstanding cash capital 934
1087+contributions to the qualified real estate investment trust that, in the 935
1088+aggregate, exceed five per cent of the fair market value of the aggregate 936
1089+real estate assets, valued as of the last day of the period for which such 937
1090+dividend is paid, then held by the qualified real estate investment trust; 938
1091+or (C) received from a captive real estate investment trust that is subject 939
1092+to the tax imposed under this chapter. For purposes of this section, [a] 940
1093+"related person" [is as defined in subdivision (7) of subsection (a) of 941
1094+section 12-217m] has the same meaning as provided in section 12-217ii, 942
1095+"real estate assets" [is as defined] has the same meaning as provided in 943
1096+Section 856 of the Internal Revenue Code, [a] "qualified dividend 944
1097+recipient" means a dividend recipient who has invested in a qualified 945
1098+real estate investment trust prior to April 1, 1997, and [a] "qualified real 946
1099+estate investment trust" means an entity that both was incorporated and 947
1100+had contributed to it a minimum of five hundred million dollars' worth 948
1101+of real estate assets prior to April 1, 1997, and that elects to be a real 949
1102+estate investment trust under Section 856 of the Internal Revenue Code 950
1103+prior to April 1, 1998. 951 Substitute Bill No. 5475
1104+
1105+
1106+LCO 31 of 68
1107+
1108+Sec. 15. Subsection (c) of section 12-391 of the general statutes is 952
1109+amended by adding subdivision (4) as follows (Effective October 1, 2022): 953
1110+(NEW) (4) "Federal basic exclusion amount" means the dollar amount 954
1111+published annually by the Internal Revenue Service at which a decedent 955
1112+would be required to file a federal estate tax return based on the value 956
1113+of the decedent's gross estate and federally taxable gifts. 957
1114+Sec. 16. Subparagraph (J) of subdivision (3) of subsection (b) of section 958
1115+12-392 of the general statutes is repealed and the following is substituted 959
1116+in lieu thereof (Effective October 1, 2022): 960
1117+(J) A tax return shall be filed, in the case of every decedent who dies 961
1118+on or after January 1, 2023, and at the time of death was (i) a resident of 962
1119+this state, or (ii) a nonresident of this state whose gross estate includes 963
1120+any real property situated in this state or tangible personal property 964
1121+having an actual situs in this state. If the decedent's Connecticut taxable 965
1122+estate is over [five million four hundred ninety thousand dollars] the 966
1123+federal basic exclusion amount, such tax return shall be filed with the 967
1124+Commissioner of Revenue Services and a copy of such return shall be 968
1125+filed with the court of probate for the district within which the decedent 969
1126+resided at the date of his or her death or, if the decedent died a 970
1127+nonresident of this state, the court of probate for the district within 971
1128+which such real property or tangible personal property is situated. If the 972
1129+decedent's Connecticut taxable estate is equal to or less than [five million 973
1130+four hundred ninety thousand dollars] the federal basic exclusion 974
1131+amount, such return shall be filed with the court of probate for the 975
1132+district within which the decedent resided at the date of his or her death 976
1133+or, if the decedent died a nonresident of this state, the court of probate 977
1134+for the district within which such real property or tangible personal 978
1135+property is situated, and no such return shall be filed with the 979
1136+Commissioner of Revenue Services. The judge of probate for the district 980
1137+in which such return is filed shall review each such return and shall 981
1138+issue a written opinion to the estate representative in each case in which 982
1139+the judge determines that the estate is not subject to tax under this 983
1140+chapter. 984 Substitute Bill No. 5475
1141+
1142+
1143+LCO 32 of 68
1144+
1145+Sec. 17. Section 12-643 of the general statutes is amended by adding 985
1146+subdivision (4) as follows (Effective October 1, 2022): 986
1147+(NEW) (4) "Federal basic exclusion amount" means the dollar amount 987
1148+published annually by the Internal Revenue Service over which a donor 988
1149+would owe federal gift tax based on the value of the donor's federally 989
1150+taxable gifts. 990
1151+Sec. 18. Subsection (b) of section 12-408h of the general statutes is 991
1152+repealed and the following is substituted in lieu thereof (Effective October 992
1153+1, 2022): 993
1154+(b) A short-term rental facilitator shall be required to obtain a permit 994
1155+to collect the tax set forth in subparagraph (B) of subdivision (1) of 995
1156+section 12-408 and shall be considered the retailer for each retail sale of 996
1157+a short-term rental that such facilitator facilitates on its platform for a 997
1158+short-term rental operator. Each short-term rental facilitator shall (1) be 998
1159+required to collect and remit for each such sale any tax imposed under 999
1160+section 12-408, (2) be responsible for all obligations imposed under this 1000
1161+chapter as if such short-term rental facilitator was the operator of such 1001
1162+[lodging house] short-term rental and retailer for such sale, and (3) keep 1002
1163+such records and information as may be required by the Commissioner 1003
1164+of Revenue Services to ensure proper collection and remittance of such 1004
1165+tax. 1005
1166+Sec. 19. Section 12-410 of the general statutes is repealed and the 1006
1167+following is substituted in lieu thereof (Effective October 1, 2022): 1007
1168+[(1)] (a) For the purpose of the proper administration of this chapter 1008
1169+and to prevent evasion of the sales tax it shall be presumed that all 1009
1170+receipts are gross receipts that are subject to the tax until the contrary is 1010
1171+established. The burden of proving that a sale of tangible personal 1011
1172+property or service constituting a sale in accordance with subdivision 1012
1173+(2) of subsection (a) of section 12-407 is not a sale at retail is upon the 1013
1174+person who makes the sale unless such person takes in good faith from 1014
1175+the purchaser a certificate to the effect that the property or service is 1015
1176+purchased for resale. 1016 Substitute Bill No. 5475
1177+
1178+
1179+LCO 33 of 68
1180+
1181+[(2)] (b) The certificate relieves the seller from the burden of proof 1017
1182+only if taken in good faith from a person who is engaged in the business 1018
1183+of selling tangible personal property or services constituting a sale in 1019
1184+accordance with subdivision (2) of subsection (a) of section 12-407 and 1020
1185+who holds the permit provided for in section 12-409 and who, at the 1021
1186+time of purchasing the tangible personal property or service: [(A)] (1) 1022
1187+Intends to sell it in the regular course of business; [(B)] (2) intends to 1023
1188+utilize such personal property in the delivery of landscaping or 1024
1189+horticulture services, provided the total sale price of all such 1025
1190+landscaping and horticulture services are taxable under this chapter; or 1026
1191+[(C)] (3) is unable to ascertain at the time of purchase whether the 1027
1192+property or service will be sold or will be used for some other purpose. 1028
1193+The burden of establishing that a certificate is taken in good faith is on 1029
1194+the seller. A certificate to the effect that property or service is purchased 1030
1195+for resale taken from the purchaser by the seller shall be deemed to be 1031
1196+taken in good faith if the tangible personal property or service 1032
1197+purchased is similar to or of the same general character as property or 1033
1198+service which the seller could reasonably assume would be sold by the 1034
1199+purchaser in the regular course of business. 1035
1200+[(3)] (c) The certificate shall be signed by and bear the name and 1036
1201+address of the purchaser, shall indicate the number of the permit issued 1037
1202+to the purchaser and shall indicate the general character of the tangible 1038
1203+personal property or service sold by the purchaser in the regular course 1039
1204+of business. The certificate shall be substantially in such form as the 1040
1205+commissioner prescribes. 1041
1206+[(4) (A)] (d) (1) If a purchaser who gives a certificate makes any use 1042
1207+of the service or property other than retention, demonstration or display 1043
1208+while holding it for sale in the regular course of business, the use shall 1044
1209+be deemed a retail sale by the purchaser as of the time the service or 1045
1210+property is first used by the purchaser, and the cost of the service or 1046
1211+property to the purchaser shall be deemed the gross receipts from such 1047
1212+retail sale. 1048
1213+[(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this] 1049 Substitute Bill No. 5475
1214+
1215+
1216+LCO 34 of 68
1217+
1218+subdivision (1) of this subsection, any use by a certificated air carrier of 1050
1219+an aircraft for purposes other than retention, demonstration or display 1051
1220+while holding it for sale in the regular course of business shall not be 1052
1221+deemed a retail sale by such carrier as of the time the aircraft is first used 1053
1222+by such carrier, irrespective of the classification of such aircraft on the 1054
1223+balance sheet of such carrier for accounting and tax purposes. 1055
1224+[(5) (A)] (e) (1) For the purpose of the proper administration of this 1056
1225+chapter and to prevent evasion of the sales tax, a sale of any service 1057
1226+described in subdivision (37) of subsection (a) of section 12-407 shall be 1058
1227+considered a sale for resale only if the service to be resold is an integral, 1059
1228+inseparable component part of a service described in said subdivision 1060
1229+that is to be subsequently sold by the purchaser to an ultimate 1061
1230+consumer. The purchaser of the service for resale shall maintain, in such 1062
1231+form as the commissioner requires, records that substantiate: [(i)] (A) 1063
1232+From whom the service was purchased and to whom the service was 1064
1233+sold, [(ii)] (B) the purchase price of the service, and [(iii)] (C) the nature 1065
1234+of the service to demonstrate that the services were an integral, 1066
1235+inseparable component part of a service described in subdivision (37) of 1067
1236+subsection (a) of section 12-407 that was subsequently sold to a 1068
1237+consumer. 1069
1238+[(B)] (2) Notwithstanding the provisions of [subparagraph (A) of this] 1070
1239+subdivision (1) of this subsection, no sale of a service described in 1071
1240+subdivision (37) of subsection (a) of section 12-407 by a seller shall be 1072
1241+considered a sale for resale if such service is to be subsequently sold by 1073
1242+the purchaser to an ultimate consumer that is affiliated with the 1074
1243+purchaser in the manner described in subparagraph (A) of subdivision 1075
1244+(62) of section 12-412. 1076
1245+[(C)] (3) For purposes of [subparagraph (A) of this] subdivision (1) of 1077
1246+this subsection, the sale of canned or prewritten computer software shall 1078
1247+be considered a sale for resale if such software is subsequently sold, 1079
1248+licensed or leased unaltered by the purchaser to an ultimate consumer. 1080
1249+The purchaser of the software for resale shall maintain, in such form as 1081
1250+the commissioner requires, records that substantiate: [(i)] (A) From 1082 Substitute Bill No. 5475
1251+
1252+
1253+LCO 35 of 68
1254+
1255+whom the software was purchased and to whom the software was sold, 1083
1256+licensed or leased, [(ii)] (B) the purchase price of the software, and [(iii)] 1084
1257+(C) the nature of the transaction with the ultimate consumer to 1085
1258+demonstrate that the same software was provided unaltered to the 1086
1259+ultimate consumer. 1087
1260+[(D)] (4) For purposes of [subparagraph (A) of this] subdivision (1) of 1088
1261+this subsection, the sale of digital goods shall be considered a sale for 1089
1262+resale if the digital goods are subsequently sold, licensed, leased, 1090
1263+broadcast, transmitted, or distributed, in whole or in part, as an integral, 1091
1264+inseparable component part of a digital good or service described in 1092
1265+subdivision (26), (27), (37) or (39) of subsection (a) of section 12-407 by 1093
1266+the purchaser of the digital goods to an ultimate consumer. The 1094
1267+purchaser of the digital goods for resale shall maintain, in such form as 1095
1268+the commissioner requires, records that substantiate: [(i)] (A) From 1096
1269+whom the digital goods were purchased and to whom the services 1097
1270+described in subdivision (26), (27), (37) or (39) of subsection (a) of section 1098
1271+12-407 was sold, licensed, leased, broadcast, transmitted, or distributed, 1099
1272+in whole or in part, [(ii)] (B) the purchase price of the digital goods, and 1100
1273+[(iii)] (C) the nature of the transaction with the ultimate consumer. 1101
1274+[(E)] (5) For purposes of [subparagraph (A) of this] subdivision (1) of 1102
1275+this subsection, the sale of services described in subdivision (37) of 1103
1276+subsection (a) of section 12-407 shall be considered a sale for resale if 1104
1277+such services are subsequently resold as an integral inseparable 1105
1278+component part of digital goods sold by the purchaser of the services to 1106
1279+an ultimate consumer of the digital goods. The purchaser of the services 1107
1280+described in subdivision (37) of subsection (a) of section 12-407 for resale 1108
1281+shall maintain, in such form as the commissioner requires, records that 1109
1282+substantiate: [(i)] (A) From whom the services described in subdivision 1110
1283+(37) of subsection (a) of section 12-407 were purchases and to whom the 1111
1284+digital goods were sold, licensed, or leased, [(ii)] (B) the purchase prices 1112
1285+of the services described in subdivision (37) of subsection (a) of section 1113
1286+12-407, and [(iii)] (C) the nature of the transaction with the ultimate 1114
1287+consumer. 1115 Substitute Bill No. 5475
1288+
1289+
1290+LCO 36 of 68
1291+
1292+[(6)] (f) For the purpose of the proper administration of this chapter 1116
1293+and to prevent evasion of the sales tax, no sale of any service by a seller 1117
1294+shall be considered a sale for resale if such service is to be subsequently 1118
1295+sold by the purchaser, without change, to an ultimate consumer that is 1119
1296+affiliated with the purchaser in the manner described in subparagraph 1120
1297+(A) of subdivision (62) of section 12-412. 1121
1298+Sec. 20. Subsection (c) of section 12-414 of the general statutes is 1122
1299+repealed and the following is substituted in lieu thereof (Effective October 1123
1300+1, 2022): 1124
1301+(c) (1) For purposes of the sales tax, the return shall show the gross 1125
1302+receipts of the seller during the preceding reporting period. For 1126
1303+purposes of the use tax, [(1)] (A) in case of a return filed by a retailer, the 1127
1304+return shall show the total sales price of the services or property sold by 1128
1305+the retailer, the storage, acceptance, consumption or other use of which 1129
1306+became subject to the use tax during the preceding reporting period, and 1130
1307+[(2)] (B) in case of a return filed by a purchaser, the return shall show the 1131
1308+total sales price of the service or property purchased by the purchaser, 1132
1309+the storage, acceptance, consumption or other use of which became 1133
1310+subject to the use tax during the preceding reporting period. The return 1134
1311+shall also show the amount of the taxes for the period covered by the 1135
1312+return in such manner as the commissioner may require and such other 1136
1313+information as the commissioner deems necessary for the proper 1137
1314+administration of this chapter. 1138
1315+(2) The Commissioner of Revenue Services is authorized, [in his or 1139
1316+her discretion,] for purposes of expediency, to permit returns to be filed 1140
1317+in an alternative form wherein the person filing the return may elect (A) 1141
1318+to report his or her gross receipts, including the tax reimbursement to 1142
1319+be collected as provided for in this section, as a part of such gross 1143
1320+receipts, or (B) to report his or her gross receipts exclusive of the tax 1144
1321+collected in such cases where the gross receipts from sales have been 1145
1322+segregated from tax collections. In the case of [the former] a return filed 1146
1323+in accordance with the provisions of subparagraph (A) of this 1147
1324+subdivision, the percentage of such tax-included gross receipts that may 1148 Substitute Bill No. 5475
1325+
1326+
1327+LCO 37 of 68
1328+
1329+be considered to be the gross receipts from sales exclusive of the taxes 1149
1330+collected thereon shall be computed by dividing the numeral one by the 1150
1331+sum of the rate of tax provided in section 12-408, expressed as a decimal, 1151
1332+and the numeral one. 1152
1333+Sec. 21. Section 12-433 of the general statutes is repealed and the 1153
1334+following is substituted in lieu thereof (Effective October 1, 2022): 1154
1335+Wherever used in this chapter, unless the context otherwise requires: 1155
1336+(1) "Alcoholic beverage" and "beverage" include wine, beer and 1156
1337+liquor; [as defined in this section; "absolute alcohol"] 1157
1338+(2) "Absolute alcohol" means dehydrated alcohol containing not less 1158
1339+than ninety-nine per cent by weight of ethyl alcohol; ["beer"] 1159
1340+(3) "Beer" means any beverage obtained by the alcoholic fermentation 1160
1341+of an infusion or decoction of barley, malt and hops in drinking water 1161
1342+and containing more than one-half of one per cent of absolute alcohol 1162
1343+by volume; ["wine"] 1163
1344+(4) "Wine" means any alcoholic beverage obtained by the 1164
1345+fermentation of natural sugar contents of fruits or other agricultural 1165
1346+products containing sugar; ["still wine"] 1166
1347+(5) "Still wine" means any wine that contains not more than three 1167
1348+hundred ninety-two one thousandths (0.392) of a gram of carbon 1168
1349+dioxide per hundred milliliters of wine, and shall include any fortified 1169
1350+wine, cider that is made from the alcoholic fermentation of the juice of 1170
1351+apples, vermouth and any artificial or imitation wine or compound sold 1171
1352+as "still wine" containing not less than three and two-tenths per cent of 1172
1353+absolute alcohol by volume; ["sparkling wine"] 1173
1354+(6) "Sparkling wine" means champagne and any other effervescent 1174
1355+wine charged with more than three hundred ninety -two one 1175
1356+thousandths (0.392) of a gram of carbon dioxide per hundred milliliters 1176
1357+of wine, whether artificially or as a result of secondary fermentation of 1177
1358+the wine within the container; ["fortified wine"] 1178 Substitute Bill No. 5475
1359+
1360+
1361+LCO 38 of 68
1362+
1363+(7) "Fortified wine" means any wine, the alcoholic contents of which 1179
1364+have been increased, by whatever process, beyond that produced by 1180
1365+natural fermentation; ["liquor"] 1181
1366+(8) "Liquor" means any beverage [which] that contains alcohol 1182
1367+obtained by distillation mixed with drinkable water and other 1183
1368+substances in solution; ["liquor cooler"] 1184
1369+(9) "Liquor cooler" means any liquid combined with liquor [, as 1185
1370+defined in this section,] containing not more than seven per cent of 1186
1371+alcohol by volume; ["gallon"] 1187
1372+(10) "Gallon" or "wine gallon" means one hundred twenty-eight fluid 1188
1373+ounces; ["proof gallon"] 1189
1374+(11) "Proof gallon" means the equivalent of one wine gallon at 100 1190
1375+proof; ["proof spirit"] 1191
1376+(12) "Proof spirit" or "proof" [shall be held to be that] means alcoholic 1192
1377+liquor [which] that contains one-half by volume of alcohol of a specific 1193
1378+gravity of seventy-nine hundred and thirty-nine ten-thousandths 1194
1379+(0.7939) at 60° F; ["alcohol"] 1195
1380+(13) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit 1196
1381+of wine, from whatever source or by whatever process produced; 1197
1382+["person"] 1198
1383+(14) "Person" means any individual, firm, fiduciary, partnership, 1199
1384+corporation, limited liability company, trust or association, however 1200
1385+formed; ["taxpayer"] 1201
1386+(15) "Taxpayer" means any person liable to taxation under this 1202
1387+chapter except railroad and airline companies so far as they conduct 1203
1388+such beverage business in cars or passenger trains or on airplanes; 1204
1389+["distributor"] 1205
1390+(16) " Distributor" means any person, wherever resident or located, 1206
1391+[who] that holds a wholesaler's or manufacturer's permit or wholesaler 1207 Substitute Bill No. 5475
1392+
1393+
1394+LCO 39 of 68
1395+
1396+or manufacturer permit for beer only issued under chapter 545, or [his] 1208
1397+such person's backer, if any; ["licensed distributor"] 1209
1398+(17) "Licensed distributor" means a distributor holding a license 1210
1399+issued by the Commissioner of Revenue Services under the provisions 1211
1400+of this chapter; ["tax period"] 1212
1401+(18) "Tax period" means any period of one calendar month, or any 1213
1402+part thereof; ["barrel"] 1214
1403+(19) "Barrel" means not less than twenty-eight nor more than thirty-1215
1404+one gallons; ["half barrel"] 1216
1405+(20) "Half barrel" means not less than fourteen nor more than fifteen 1217
1406+and one-half gallons; ["quarter barrel"] 1218
1407+(21) "Quarter barrel" means not less than seven nor more than seven 1219
1408+and three-quarters gallons; ["sell"] 1220
1409+(22) "Sell" or "sale" includes and applies to gifts, exchanges and barter 1221
1410+and includes any alcoholic beverages coming into the possession of a 1222
1411+distributor [which] that cannot be satisfactorily accounted for by the 1223
1412+distributor to the Commissioner of Revenue Services. 1224
1413+Sec. 22. Section 12-438 of the general statutes is repealed and the 1225
1414+following is substituted in lieu thereof (Effective October 1, 2022): 1226
1415+Any person who applies for a cancellation of [his] such person's 1227
1416+distributor's license shall take an inventory at the beginning of business 1228
1417+on the first day of the following month showing the number of gallons 1229
1418+of each kind of alcoholic beverage mentioned in section 12-435 owned 1230
1419+by [him] such person and held within the state. Each such person shall, 1231
1420+[within] not later than fifteen days after taking such inventory, file a 1232
1421+copy of such inventory with the commissioner, on forms prescribed and 1233
1422+furnished by [him] the commissioner, and shall pay a tax on such 1234
1423+inventory at the rates specified in said section 12-435. Each return filed 1235
1424+under the provisions of this section shall give such additional 1236
1425+information as the commissioner requires and shall include a statement 1237 Substitute Bill No. 5475
1426+
1427+
1428+LCO 40 of 68
1429+
1430+of the amount of tax due under such return. 1238
1431+Sec. 23. Subsection (c) of section 12-458 of the general statutes is 1239
1432+repealed and the following is substituted in lieu thereof (Effective October 1240
1433+1, 2022): 1241
1434+(c) Any person who owns or operates a vehicle that runs only upon 1242
1435+rails or tracks and that is properly registered with the federal 1243
1436+government, in accordance with the provisions of Section 4222 of the 1244
1437+Internal Revenue Code of 1986, or any subsequent corresponding 1245
1438+internal revenue code of the United States, as amended from time to 1246
1439+time, shall be exempt from paying to a distributor the motor fuels tax 1247
1440+imposed pursuant to this section for use in such vehicle. 1248
1441+Sec. 24. Section 12-587 of the general statutes is repealed and the 1249
1442+following is substituted in lieu thereof (Effective October 1, 2022): 1250
1443+(a) (1) As used in this chapter: (A) "Company" includes a corporation, 1251
1444+partnership, limited partnership, limited liability company, limited 1252
1445+liability partnership, association, individual or any fiduciary thereof; (B) 1253
1446+"quarterly period" means a period of three calendar months 1254
1447+commencing on the first day of January, April, July or October and 1255
1448+ending on the last day of March, June, September or December, 1256
1449+respectively; (C) except as provided in subdivision (2) of this subsection, 1257
1450+"gross earnings" means all consideration received from the first sale 1258
1451+within this state of a petroleum product; (D) "petroleum products" 1259
1452+means those products which contain or are made from petroleum or a 1260
1453+petroleum derivative; (E) "first sale of petroleum products within this 1261
1454+state" means the initial sale of a petroleum product delivered to a 1262
1455+location in this state; (F) "export" or "exportation" means the conveyance 1263
1456+of petroleum products from within this state to a location outside this 1264
1457+state for the purpose of sale or use outside this state; and (G) "sale for 1265
1458+exportation" means a sale of petroleum products to a purchaser which 1266
1459+itself exports such products. 1267
1460+(2) For purposes of this chapter, "gross earnings" means gross 1268
1461+earnings as defined in subdivision (1) of this subsection, except, with 1269 Substitute Bill No. 5475
1462+
1463+
1464+LCO 41 of 68
1465+
1466+respect to the first sale of gasoline or gasohol within this state, if the 1270
1467+consideration received from such first sale reflects a price of gasoline or 1271
1468+gasohol sold or used in this state in excess of three dollars per gallon, 1272
1469+gross earnings from such first sale shall be deemed to be three dollars 1273
1470+per gallon, and any consideration received that is derived from that 1274
1471+portion of the price of such gasoline or gasohol in excess of three dollars 1275
1472+per gallon shall be disregarded in the calculation of gross earnings. 1276
1473+Notwithstanding the provisions of this chapter, the Commissioner of 1277
1474+Revenue Services may suspend enforcement activities with respect to 1278
1475+this subdivision until all policies and procedures necessary to 1279
1476+implement the provision of this subdivision are in place, but in no event 1280
1477+shall such suspension extend beyond April 15, 2012. 1281
1478+(b) (1) Except as otherwise provided in subdivision (2) of this 1282
1479+subsection, any company [which] that is engaged in the refining or 1283
1480+distribution, or both, of petroleum products and which distributes such 1284
1481+products in this state shall pay a quarterly tax on its gross earnings 1285
1482+derived from the first sale of petroleum products within this state. Each 1286
1483+company shall on or before the last day of the month next succeeding 1287
1484+each quarterly period render to the commissioner a return on forms 1288
1485+prescribed or furnished by the commissioner and signed by the person 1289
1486+performing the duties of treasurer or an authorized agent or officer, 1290
1487+including the amount of gross earnings derived from the first sale of 1291
1488+petroleum products within this state for the quarterly period and such 1292
1489+other facts as the commissioner may require for the purpose of making 1293
1490+any computation required by this chapter. [Except as otherwise 1294
1491+provided in subdivision (3) of this subsection, the] The rate of tax shall 1295
1492+be (A) [ five per cent with respect to calendar quarters prior to July 1, 1296
1493+2005; (B) five and eight-tenths per cent with respect to calendar quarters 1297
1494+commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six 1298
1495+and three-tenths per cent with respect to calendar quarters commencing 1299
1496+on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with 1300
1497+respect to calendar quarters commencing on or after July 1, 2007, and 1301
1498+prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with 1302
1499+respect to calendar quarters commencing on or after July 1, 2013. 1303 Substitute Bill No. 5475
1500+
1501+
1502+LCO 42 of 68
1503+
1504+(2) Gross earnings derived from the first sale of the following 1304
1505+petroleum products within this state shall be exempt from tax: 1305
1506+(A) Any petroleum products sold for exportation from this state for 1306
1507+sale or use outside this state; 1307
1508+(B) [the] The product designated by the American Society for Testing 1308
1509+and Materials as "Specification for Heating Oil D396-69", commonly 1309
1510+known as number 2 heating oil, to be used exclusively for heating 1310
1511+purposes or to be used in a commercial fishing vessel, which vessel 1311
1512+qualifies for an exemption pursuant to subdivision (40) of section 12-1312
1513+412; 1313
1514+(C) [kerosene] Kerosene, commonly known as number 1 oil, to be 1314
1515+used exclusively for heating purposes, provided delivery is of both 1315
1516+number 1 and number 2 oil, and via a truck with a metered delivery 1316
1517+ticket to a residential dwelling or to a centrally metered system serving 1317
1518+a group of residential dwellings; 1318
1519+(D) [the] The product identified as propane gas, to be used primarily 1319
1520+for heating purposes; 1320
1521+(E) [bunker] Bunker fuel oil, intermediate fuel, marine diesel oil and 1321
1522+marine gas oil to be used in any vessel (i) having a displacement 1322
1523+exceeding four thousand dead weight tons, or (ii) primarily engaged in 1323
1524+interstate commerce; 1324
1525+(F) [for] For any first sale occurring prior to July 1, 2008, propane gas 1325
1526+to be used as a fuel for a motor vehicle; 1326
1527+(G) [for] For any first sale occurring on or after July 1, 2002, grade 1327
1528+number 6 fuel oil, as defined in regulations adopted pursuant to section 1328
1529+16a-22c, to be used exclusively by a company [which] that, in accordance 1329
1530+with census data contained in the Standard Industrial Classification 1330
1531+Manual, United States Office of Management and Budget, 1987 edition, 1331
1532+is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 1332
1533+32 or 33 in the North American Industrial Classification System United 1333 Substitute Bill No. 5475
1534+
1535+
1536+LCO 43 of 68
1537+
1538+States Manual, United States Office of Management and Budget, 1997 1334
1539+edition; 1335
1540+(H) [for] For any first sale occurring on or after July 1, 2002, number 1336
1541+2 heating oil to be used exclusively in a vessel primarily engaged in 1337
1542+interstate commerce, which vessel qualifies for an exemption under 1338
1543+subdivision (40) of section 12-412; 1339
1544+(I) [for] For any first sale occurring on or after July 1, 2000, paraffin or 1340
1545+microcrystalline waxes; 1341
1546+(J) [for] For any first sale occurring prior to July 1, 2008, petroleum 1342
1547+products to be used as a fuel for a fuel cell, as defined in subdivision 1343
1548+(113) of section 12-412; 1344
1549+(K) [a] A commercial heating oil blend containing not less than ten 1345
1550+per cent of alternative fuels derived from agricultural produce, food 1346
1551+waste, waste vegetable oil or municipal solid waste, including, but not 1347
1552+limited to, biodiesel or low sulfur dyed diesel fuel; 1348
1553+(L) [for] For any first sale occurring on or after July 1, 2007, diesel fuel 1349
1554+other than diesel fuel to be used in an electric generating facility to 1350
1555+generate electricity; 1351
1556+(M) [for] For any first sale occurring on or after July 1, 2013, cosmetic 1352
1557+grade mineral oil; or 1353
1558+(N) [propane] Propane gas to be used as a fuel for a school bus. 1354
1559+[(3) The rate of tax on gross earnings derived from the first sale of 1355
1560+grade number 6 fuel oil, as defined in regulations adopted pursuant to 1356
1561+section 16a-22c, to be used exclusively by a company which, in 1357
1562+accordance with census data contained in the Standard Industrial 1358
1563+Classification Manual, United States Office of Management and Budget, 1359
1564+1987 edition, is included in code classifications 2000 to 3999, inclusive, 1360
1565+or in Sector 31, 32 or 33 in the North American Industrial Classification 1361
1566+System United States Manual, United States Office of Management and 1362
1567+Budget, 1997 edition, or number 2 heating oil used exclusively in a 1363 Substitute Bill No. 5475
1568+
1569+
1570+LCO 44 of 68
1571+
1572+vessel primarily engaged in interstate commerce, which vessel qualifies 1364
1573+for an exemption under section 12-412 shall be: (A) Four per cent with 1365
1574+respect to calendar quarters commencing on or after July 1, 1998, and 1366
1575+prior to July 1, 1999; (B) three per cent with respect to calendar quarters 1367
1576+commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two 1368
1577+per cent with respect to calendar quarters commencing on or after July 1369
1578+1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to 1370
1579+calendar quarters commencing on or after July 1, 2001, and prior to July 1371
1580+1, 2002.] 1372
1581+(c) (1) Any company [which] that imports or causes to be imported 1373
1582+into this state petroleum products for sale, use or consumption in this 1374
1583+state, other than a company subject to and having paid the tax on such 1375
1584+company's gross earnings from first sales of petroleum products within 1376
1585+this state, which earnings include gross earnings attributable to such 1377
1586+imported or caused to be imported petroleum products, in accordance 1378
1587+with subsection (b) of this section, shall pay a quarterly tax on the 1379
1588+consideration given or contracted to be given for such petroleum 1380
1589+product if the consideration given or contracted to be given for all such 1381
1590+deliveries during the quarterly period for which such tax is to be paid 1382
1591+exceeds three thousand dollars. [Except as otherwise provided in 1383
1592+subdivision (3) of this subsection, the] The rate of tax shall be (A) [five 1384
1593+per cent with respect to calendar quarters commencing prior to July 1, 1385
1594+2005; (B) five and eight-tenths per cent with respect to calendar quarters 1386
1595+commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six 1387
1596+and three-tenths per cent with respect to calendar quarters commencing 1388
1597+on or after July 1, 2006, and prior to July 1, 2007; (D)] seven per cent with 1389
1598+respect to calendar quarters commencing on or after July 1, 2007, and 1390
1599+prior to July 1, 2013; and [(E)] (B) eight and one-tenth per cent with 1391
1600+respect to calendar quarters commencing on or after July 1, 2013. Fuel in 1392
1601+the fuel supply tanks of a motor vehicle, which fuel tanks are directly 1393
1602+connected to the engine, shall not be considered a delivery for the 1394
1603+purposes of this subsection. 1395
1604+(2) Consideration given or contracted to be given for petroleum 1396
1605+products, gross earnings from the first sale of which are exempt from 1397 Substitute Bill No. 5475
1606+
1607+
1608+LCO 45 of 68
1609+
1610+tax under subdivision (2) of subsection (b) of this section, shall be 1398
1611+exempt from tax. 1399
1612+[(3) The rate of tax on consideration given or contracted to be given 1400
1613+for grade number 6 fuel oil, as defined in regulations adopted pursuant 1401
1614+to section 16a-22c, to be used exclusively by a company which, in 1402
1615+accordance with census data contained in the Standard Industrial 1403
1616+Classification Manual, United States Office of Management and Budget, 1404
1617+1987 edition, is included in code classifications 2000 to 3999, inclusive, 1405
1618+or in Sector 31, 32 or 33 in the North American Industrial Classification 1406
1619+System United States Manual, United States Office of Management and 1407
1620+Budget, 1997 edition, or number 2 heating oil used exclusively in a 1408
1621+vessel primarily engaged in interstate commerce, which vessel qualifies 1409
1622+for an exemption under section 12-412 shall be: (A) Four per cent with 1410
1623+respect to calendar quarters commencing on or after July 1, 1998, and 1411
1624+prior to July 1, 1999; (B) three per cent with respect to calendar quarters 1412
1625+commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two 1413
1626+per cent with respect to calendar quarters commencing on or after July 1414
1627+1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to 1415
1628+calendar quarters commencing on or after July 1, 2001, and prior to July 1416
1629+1, 2002.] 1417
1630+(d) The amount of tax reported to be due on such return shall be due 1418
1631+and payable on or before the last day of the month next succeeding the 1419
1632+quarterly period. The tax imposed under the provisions of this chapter 1420
1633+shall be in addition to any other tax imposed by this state on such 1421
1634+company. 1422
1635+(e) For the purposes of this chapter, the gross earnings of any 1423
1636+producer or refiner of petroleum products operating a service station 1424
1637+along the highways or interstate highways within the state pursuant to 1425
1638+a contract with the Department of Transportation or operating a service 1426
1639+station which is used as a training or test marketing center under the 1427
1640+provisions of subsection (b) of section 14-344d, shall be calculated by 1428
1641+multiplying the volume of petroleum products delivered by any 1429
1642+producer or refiner to any such station by such producer's or refiner's 1430 Substitute Bill No. 5475
1643+
1644+
1645+LCO 46 of 68
1646+
1647+dealer tank wagon price or dealer wholesale price in the area of the 1431
1648+service station. 1432
1649+Sec. 25. Subsection (a) of section 12-587a of the general statutes is 1433
1650+repealed and the following is substituted in lieu thereof (Effective October 1434
1651+1, 2022): 1435
1652+(a) (1) Any company, as such term is used in section 12-587, as 1436
1653+amended by this act, liable for the tax imposed under subsection (b) of 1437
1654+[said] section 12-587, as amended by this act, on gross earnings from the 1438
1655+first sale of petroleum products within this state, which products the 1439
1656+purchaser thereof subsequently sells for exportation and sale or use 1440
1657+outside this state, shall be allowed a credit against any tax for which 1441
1658+such company is liable in accordance with subsection (b) of [said] 1442
1659+section 12-587, as amended by this act, in the amount of tax paid to the 1443
1660+state with respect to the sale of such products, provided (A) such 1444
1661+purchaser has submitted certification to such company, in such form as 1445
1662+prescribed by the Commissioner of Revenue Services, that such 1446
1663+products were sold or used outside this state, (B) such certification and 1447
1664+any additional information related to such sale or use by such 1448
1665+purchaser, which said commissioner may request, have been submitted 1449
1666+to said commissioner, and (C) such company makes a payment to such 1450
1667+purchaser, related to such products sold or used outside this state, in the 1451
1668+amount equal to the tax imposed under [said] section 12-587, as 1452
1669+amended by this act, on gross earnings from the first sale to such 1453
1670+purchaser within the state. 1454
1671+(2) The credit allowed pursuant to subdivision (1) of this subsection 1455
1672+may also be claimed, in the same manner as provided in said 1456
1673+subdivision, [(1),] by any such company when the petroleum products 1457
1674+sold in a first sale within this state by such company are incorporated 1458
1675+by the purchaser thereof into a material that is included in U.S. industry 1459
1676+group 3255 in the North American Industrial Classification System 1460
1677+United States Manual, United States Office of Management and Budget, 1461
1678+2007 edition, and such products are subsequently exported for sale or 1462
1679+use outside this state. Such company shall be allowed [said] such credit 1463 Substitute Bill No. 5475
1680+
1681+
1682+LCO 47 of 68
1683+
1684+in the amount of tax paid to the state with respect to the sale of such 1464
1685+products. 1465
1686+(3) In addition, such company shall be allowed such credit when 1466
1687+there has been any sale of such products subsequent to the sale by such 1467
1688+company but prior to sale or use outside this state, provided (A) each 1468
1689+purchaser receives payment, related to such products sold or used 1469
1690+outside this state, equal to the tax imposed under [said] section 12-587, 1470
1691+as amended by this act, on gross earnings from the first sale of such 1471
1692+products within this state, and (B) the purchaser selling or using such 1472
1693+products outside this state complies with the requirements in this 1473
1694+section related to a purchaser of such products from the company liable 1474
1695+for such tax. 1475
1696+Sec. 26. Section 12-631 of the general statutes is repealed and the 1476
1697+following is substituted in lieu thereof (Effective October 1, 2022): 1477
1698+As used in this chapter, the following terms have the following 1478
1699+meanings: 1479
1700+[(a)] (1) "Business firm" means any business entity authorized to do 1480
1701+business in the state and subject to the tax due under the provisions of 1481
1702+chapter 207, 208, 209, 210, 211, 212 or 213a. 1482
1703+[(b)] (2) "Community services" means any type of counseling and 1483
1704+advice, emergency assistance or medical care furnished to individuals 1484
1705+or groups in the state. 1485
1706+[(c)] (3) "Crime prevention" means any activity which aids in the 1486
1707+reduction of crime in the state. 1487
1708+[(d)] (4) "Education" means any type of scholastic instruction or 1488
1709+scholarship assistance to any person who resides in the state that enables 1489
1710+such person to prepare for better opportunities, including teaching 1490
1711+services donated pursuant to section 10-21c. 1491
1712+[(e)] (5) "Job training" means any type of instruction to any person 1492
1713+who resides in the state that enables such person to acquire vocational 1493 Substitute Bill No. 5475
1714+
1715+
1716+LCO 48 of 68
1717+
1718+skills to become employable or seek a higher grade of employment, 1494
1719+including training offered pursuant to section 10-21b. 1495
1720+[(f)] (6) "Neighborhood" means any specific geographic area, urban, 1496
1721+interurban, suburban, or rural, which is experiencing problems 1497
1722+endangering its existence as a viable and stable neighborhood. 1498
1723+[(g)] (7) "Neighborhood assistance" means the furnishing of financial 1499
1724+assistance, labor, material, or technical advice to aid in the physical 1500
1725+improvement or rehabilitation of all or any part of a neighborhood. 1501
1726+[(h)] (8) "Neighborhood organization" means any organization 1502
1727+performing community services in the state [which: (1)] that: (A) Holds 1503
1728+a ruling from the Internal Revenue Service of the United States 1504
1729+Department of the Treasury that the organization is exempt from 1505
1730+income taxation under the provisions of the Internal Revenue Code; [, 1506
1731+or (2)] (B) is designated as a community development corporation by 1507
1732+the United States government under the provisions of Title VII of the 1508
1733+Economic Opportunity Act of 1964; [, or (3)] or (C) is incorporated as a 1509
1734+charitable corporation or trust under the provisions of chapter 598a. 1510
1735+[(i)] (9) "Families of low and moderate income" means families 1511
1736+meeting the criteria for designation as families of low and moderate 1512
1737+income established by the Commissioner of Housing pursuant to 1513
1738+subsection (f) of section 8-39. 1514
1739+Sec. 27. Subdivision (1) of subsection (a) of section 12-632 of the 1515
1740+general statutes is repealed and the following is substituted in lieu 1516
1741+thereof (Effective October 1, 2022): 1517
1742+(a) (1) Except as otherwise provided in subdivision (2) of this 1518
1743+subsection, on or before July first of each year, any municipality desiring 1519
1744+to obtain benefits under the provisions of this chapter shall, after 1520
1745+approval by the legislative body of such municipality, submit to the 1521
1746+Commissioner of Revenue Services a list on a form prescribed and made 1522
1747+available by the commissioner of programs eligible for investment by 1523
1748+business firms under the provisions of this chapter. Such activities shall 1524 Substitute Bill No. 5475
1749+
1750+
1751+LCO 49 of 68
1752+
1753+consist of providing neighborhood assistance; job training or education; 1525
1754+community services; crime prevention; energy conservation or 1526
1755+construction or rehabilitation of dwelling units for families of low and 1527
1756+moderate income in the state; donation of money to an open space 1528
1757+acquisition fund of any political subdivision of the state or any nonprofit 1529
1758+land conservation organization, which fund qualifies under [subsection 1530
1759+(h)] subdivision (8) of section 12-631, as amended by this act, and is used 1531
1760+for the purchase of land, interest in land or permanent conservation 1532
1761+restriction on land [which] that is to be permanently preserved as 1533
1762+protected open space; or any of the activities described in section 12-634, 1534
1763+12-635 or 12-635a. Such list shall indicate, for each program specified: 1535
1764+The concept of the program, the neighborhood area to be served, why 1536
1765+the program is needed, the estimated amount required to be invested in 1537
1766+the program, the suggested plan for implementing the program, the 1538
1767+agency designated by the municipality to oversee implementation of the 1539
1768+program and such other information as the commissioner may 1540
1769+prescribe. Each municipality shall hold at least one public hearing on 1541
1770+the subject of which programs shall be included on such list prior to the 1542
1771+submission of such list to the commissioner. 1543
1772+Sec. 28. Subsection (c) of section 12-632 of the general statutes is 1544
1773+repealed and the following is substituted in lieu thereof (Effective October 1545
1774+1, 2022): 1546
1775+(c) Any business firm [which] that desires to engage in any of the 1547
1776+activities or programs approved by any municipality pursuant to 1548
1777+subsection (a) of this section and listed pursuant to subsection (b) of this 1549
1778+section may apply to the Commissioner of Revenue Services for a tax 1550
1779+credit in an amount as provided in section 12-633, 12-634, 12-635 or 12-1551
1780+635a. The proposal for such credit, which shall be made on a form 1552
1781+prescribed and made available by the commissioner, shall set forth the 1553
1782+program to be conducted, the neighborhood area to be invested in, the 1554
1783+plans for implementing the program and such other information as said 1555
1784+commissioner may prescribe. Such proposals shall be submitted to the 1556
1785+commissioner on or after September fifteenth but no later than October 1557
1786+first of each year. Such proposals shall be approved or disapproved by 1558 Substitute Bill No. 5475
1787+
1788+
1789+LCO 50 of 68
1790+
1791+the [Commissioner of Revenue Services] commissioner based on the 1559
1792+compliance of such proposal with the provisions of this chapter and 1560
1793+regulations adopted pursuant to this chapter. The commissioner may 1561
1794+only approve proposals received between September fifteenth and 1562
1795+October first of each year. If, in the opinion of the [Commissioner of 1563
1796+Revenue Services] commissioner, a business firm's investment can, for 1564
1797+the purposes of this chapter, be made through contributions to a 1565
1798+neighborhood organization as defined in [subsection (h)] subdivision (8) 1566
1799+of section 12-631, as amended by this act, tax credits may be allowed in 1567
1800+amounts as provided in section 12-633, 12-634, 12-635 or 12-635a. 1568
1801+Sec. 29. Subsection (f) of section 12-632 of the general statutes is 1569
1802+repealed and the following is substituted in lieu thereof (Effective October 1570
1803+1, 2022): 1571
1804+(f) The sum of all tax [credit] credits granted pursuant to the 1572
1805+provisions of section 12-633, 12-634, 12-635 or 12-635a shall not exceed 1573
1806+one hundred fifty thousand dollars annually per business firm and no 1574
1807+tax credit shall be granted to any business firm for any individual 1575
1808+amount invested of less than two hundred fifty dollars. 1576
1809+Sec. 30. Section 17b-738 of the general statutes is repealed and the 1577
1810+following is substituted in lieu thereof (Effective October 1, 2022): 1578
1811+The Commissioner of Early Childhood shall establish and administer 1579
1812+a program of loans to business firms, as defined in [subsection (a) of] 1580
1813+section 12-631, as amended by this act, for the purpose of planning, site 1581
1814+preparation, construction, renovation or acquisition of facilities, within 1582
1815+the state, for use as licensed child care centers, family child care homes 1583
1816+or group child care homes to be used primarily by the children of 1584
1817+employees of such corporations and children of employees of the 1585
1818+municipalities in which such facilities are located. Such loans shall be 1586
1819+made in accordance with the terms and conditions as provided in 1587
1820+regulations adopted by the commissioner, in accordance with chapter 1588
1821+54, shall be made for a period not to exceed five years and shall bear 1589
1822+interest at a rate to be determined in accordance with subsection (t) of 1590 Substitute Bill No. 5475
1823+
1824+
1825+LCO 51 of 68
1826+
1827+section 3-20. 1591
1828+Sec. 31. Subdivision (1) of subsection (b) of section 12-699a of the 1592
1829+general statutes is repealed and the following is substituted in lieu 1593
1830+thereof (Effective October 1, 2022): 1594
1831+(b) (1) Each affected business entity required to pay the tax imposed 1595
1832+under section 12-699 and whose required annual payment for the 1596
1833+taxable year is greater than or equal to one thousand dollars shall make 1597
1834+the required annual payment each taxable year, in four required 1598
1835+estimated tax installments on the following due dates: (A) For the first 1599
1836+required installment, the fifteenth day of the fourth month of the taxable 1600
1837+year; (B) for the second required installment, the fifteenth day of the 1601
1838+sixth month of the taxable year; (C) for the third required installment, 1602
1839+the fifteenth day of the ninth month of the taxable year; [,] and (D) for 1603
1840+the fourth required installment, the fifteenth day of the first month of 1604
1841+the next succeeding taxable year. An affected business entity may elect 1605
1842+to pay any required installment prior to the specified due date. Except 1606
1843+as provided in subdivision (2) of this subsection, the amount of each 1607
1844+required installment shall be twenty-five per cent of the required annual 1608
1845+payment. 1609
1846+Sec. 32. Subdivision (10) of subsection (a) of section 12-701 of the 2022 1610
1847+supplement to the general statutes is repealed and the following is 1611
1848+substituted in lieu thereof (Effective October 1, 2022): 1612
1849+(10) "Connecticut fiduciary adjustment" means the net positive or 1613
1850+negative total of the following items relating to income, gain, loss or 1614
1851+deduction of a trust or estate: 1615
1852+(A) There shall be added together: 1616
1853+(i) [any] Any interest income from obligations issued by or on behalf 1617
1854+of any state, political subdivision thereof, or public instrumentality, 1618
1855+state or local authority, district or similar public entity, exclusive of such 1619
1856+income from obligations issued by or on behalf of the state of 1620
1857+Connecticut, any political subdivision thereof, or public 1621 Substitute Bill No. 5475
1858+
1859+
1860+LCO 52 of 68
1861+
1862+instrumentality, state or local authority, district or similar public entity 1622
1863+created under the laws of the state of Connecticut and exclusive of any 1623
1864+such income with respect to which taxation by any state is prohibited by 1624
1865+federal law; [,] 1625
1866+(ii) [any] Any exempt-interest dividends, as defined in Section 1626
1867+852(b)(5) of the Internal Revenue Code, exclusive of such exempt-1627
1868+interest dividends derived from obligations issued by or on behalf of the 1628
1869+state of Connecticut, any political subdivision thereof, or public 1629
1870+instrumentality, state or local authority, district or similar public entity 1630
1871+created under the laws of the state of Connecticut and exclusive of such 1631
1872+exempt-interest dividends derived from obligations, the income with 1632
1873+respect to which taxation by any state is prohibited by federal law; [,] 1633
1874+(iii) [any] Any interest or dividend income on obligations or securities 1634
1875+of any authority, commission or instrumentality of the United States 1635
1876+[which] that federal law exempts from federal income tax but does not 1636
1877+exempt from state income taxes; [,] 1637
1878+(iv) [to] To the extent properly includable in determining the net gain 1638
1879+or loss from the sale or other disposition of capital assets for federal 1639
1880+income tax purposes, any loss from the sale or exchange of obligations 1640
1881+issued by or on behalf of the state of Connecticut, any political 1641
1882+subdivision thereof, or public instrumentality, state or local authority, 1642
1883+district or similar public entity created under the laws of the state of 1643
1884+Connecticut, in the income year such loss was recognized; [,] 1644
1885+(v) [to] To the extent deductible in determining federal taxable 1645
1886+income prior to deductions relating to distributions to beneficiaries, any 1646
1887+income taxes imposed by this state; [,] 1647
1888+(vi) [to] To the extent deductible in determining federal taxable 1648
1889+income prior to deductions relating to distributions to beneficiaries, any 1649
1890+interest on indebtedness incurred or continued to purchase or carry 1650
1891+obligations or securities the interest on which is exempt from tax under 1651
1892+this chapter; [,] 1652 Substitute Bill No. 5475
1893+
1894+
1895+LCO 53 of 68
1896+
1897+(vii) [expenses] Expenses paid or incurred during the taxable year for 1653
1898+the production or collection of income which is exempt from tax under 1654
1899+this chapter, or the management, conservation or maintenance of 1655
1900+property held for the production of such income, and the amortizable 1656
1901+bond premium for the taxable year on any bond the interest on which is 1657
1902+exempt from taxation under this chapter, to the extent that such 1658
1903+expenses and premiums are deductible in determining federal taxable 1659
1904+income prior to deductions relating to distributions to beneficiaries; [,] 1660
1905+(viii) [to] To the extent deductible in determining federal taxable 1661
1906+income prior to deductions relating to distributions to beneficiaries, the 1662
1907+deduction allowable as qualified domestic production activities income, 1663
1908+pursuant to Section 199 of the Internal Revenue Code; [,] and 1664
1909+(ix) [to] To the extent not includable in federal taxable income prior 1665
1910+to deductions relating to distributions to beneficiaries, the total amount 1666
1911+of a lump sum distribution for the taxable year. 1667
1912+(B) There shall be subtracted from the sum of such items: 1668
1913+(i) [to] To the extent properly includable in gross income for federal 1669
1914+income tax purposes, any income with respect to which taxation by any 1670
1915+state is prohibited by federal law; [,] 1671
1916+(ii) [to] To the extent allowable under section 12-718, exempt 1672
1917+dividends paid by a regulated investment company; [,] 1673
1918+(iii) [with] With respect to any trust or estate [which] that is a 1674
1919+shareholder of an S corporation which is carrying on, or [which] that has 1675
1920+the right to carry on, business in this state, as said term is used in section 1676
1921+12-214, as amended by this act, the amount of such shareholder's pro 1677
1922+rata share of such corporation's nonseparately computed items, as 1678
1923+defined in Section 1366 of the Internal Revenue Code, that is subject to 1679
1924+tax under chapter 208, in accordance with subsection (c) of section 12-1680
1925+217 multiplied by such corporation's apportionment fraction, if any, as 1681
1926+determined in accordance with section 12-218; [,] 1682 Substitute Bill No. 5475
1927+
1928+
1929+LCO 54 of 68
1930+
1931+(iv) [to] To the extent properly includable in gross income for federal 1683
1932+income tax purposes, any interest income from obligations issued by or 1684
1933+on behalf of the state of Connecticut, any political subdivision thereof, 1685
1934+or public instrumentality, state or local authority, district or similar 1686
1935+public entity created under the laws of the state of Connecticut; [,] 1687
1936+(v) [to] To the extent properly includable in determining the net gain 1688
1937+or loss from the sale or other disposition of capital assets for federal 1689
1938+income tax purposes, any gain from the sale or exchange of obligations 1690
1939+issued by or on behalf of the state of Connecticut, any political 1691
1940+subdivision thereof, or public instrumentality, state or local authority, 1692
1941+district or similar public entity created under the laws of the state of 1693
1942+Connecticut, in the income year such gain was recognized; [,] 1694
1943+(vi) [any] Any interest on indebtedness incurred or continued to 1695
1944+purchase or carry obligations or securities the interest on which is 1696
1945+subject to tax under this chapter, but exempt from federal income tax, to 1697
1946+the extent that such interest on indebtedness is not deductible in 1698
1947+determining federal taxable income prior to deductions relating to 1699
1948+distributions to beneficiaries; [,] 1700
1949+(vii) [ordinary] Ordinary and necessary expenses paid or incurred 1701
1950+during the taxable year for the production or collection of income 1702
1951+[which] that is subject to taxation under this chapter, but exempt from 1703
1952+federal income tax, or the management, conservation or maintenance of 1704
1953+property held for the production of such income, and the amortizable 1705
1954+bond premium for the taxable year on any bond the interest on which is 1706
1955+subject to tax under this chapter, but exempt from federal income tax, to 1707
1956+the extent that such expenses and premiums are not deductible in 1708
1957+determining federal taxable income prior to deductions relating to 1709
1958+distributions to beneficiaries; [,] and 1710
1959+(viii) [the] The amount of any refund or credit for overpayment of 1711
1960+income taxes imposed by this state, to the extent properly includable in 1712
1961+gross income for federal income tax purposes for the taxable year and to 1713
1962+the extent deductible in determining federal taxable income prior to 1714 Substitute Bill No. 5475
1963+
1964+
1965+LCO 55 of 68
1966+
1967+deductions relating to distributions to beneficiaries for the preceding 1715
1968+taxable year. 1716
1969+Sec. 33. Subdivisions (24) to (31), inclusive, of subsection (a) of section 1717
1970+12-701 of the 2022 supplement to the general statutes are repealed and 1718
1971+the following is substituted in lieu thereof (Effective October 1, 2022): 1719
1972+(24) "Adjusted federal tentative minimum tax" of an individual 1720
1973+means such individual's federal tentative minimum tax or, in the case of 1721
1974+an individual whose Connecticut adjusted gross income includes 1722
1975+modifications described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), 1723
1976+(A)(vii) or (A)(viii) of subdivision (20) of this subsection [(a) of this 1724
1977+section] or subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), 1725
1978+(B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of this subsection, 1726
1979+[(a) of this section,] the amount that would have been the federal 1727
1980+tentative minimum tax if such tax were calculated by including, to the 1728
1981+extent not includable in federal alternative minimum taxable income, 1729
1982+the modifications described in subparagraph (A)(i), (A)(ii), (A)(v), 1730
1983+(A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this subsection, [(a) of 1731
1984+this section,] by excluding, to the extent includable in federal alternative 1732
1985+minimum taxable income, the modifications described in subparagraph 1733
1986+(B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or 1734
1987+(B)(xv) of subdivision (20) of this subsection, [(a) of this section,] and by 1735
1988+excluding, to the extent includable in federal alternative minimum 1736
1989+taxable income, the amount of any interest income or exempt-interest 1737
1990+dividends, as defined in Section 852(b)(5) of the Internal Revenue Code, 1738
1991+from obligations that are issued by or on behalf of the state of 1739
1992+Connecticut, any political subdivision thereof, or public 1740
1993+instrumentality, state or local authority, district, or similar public entity 1741
1994+that is created under the laws of the state of Connecticut, or from 1742
1995+obligations that are issued by or on behalf of any territory or possession 1743
1996+of the United States, any political subdivision of such territory or 1744
1997+possession, or public instrumentality, authority, district or similar 1745
1998+public entity of such territory or possession, the income with respect to 1746
1999+which taxation by any state is prohibited by federal law. If such 1747
2000+individual is a beneficiary of a trust or estate, then, in calculating his or 1748 Substitute Bill No. 5475
2001+
2002+
2003+LCO 56 of 68
2004+
2005+her federal tentative minimum tax, his or her federal alternative taxable 1749
2006+income shall be increased or decreased, as the case may be, by the net 1750
2007+amount of such individual's proportionate share of the Connecticut 1751
2008+fiduciary adjustment relating to modifications that are described in, to 1752
2009+the extent not includable in federal alternative minimum taxable 1753
2010+income, subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) 1754
2011+of subdivision (20) of this subsection [(a) of this section,] or, to the extent 1755
2012+includable in federal alternative minimum taxable income, 1756
2013+subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), 1757
2014+(B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this 1758
2015+section.] 1759
2016+(25) "Net Connecticut minimum tax" means the amount by which the 1760
2017+Connecticut minimum tax exceeds the income tax imposed under 1761
2018+section 12-700. 1762
2019+(26) (A) "Connecticut minimum tax" of an individual means the lesser 1763
2020+of (i) nineteen per cent of the adjusted federal tentative minimum tax, as 1764
2021+defined in subdivision (24) of this subsection, [(a) of this section,] or (ii) 1765
2022+five and one-half per cent of the adjusted federal alternative minimum 1766
2023+taxable income, as defined in subdivision (30) of this subsection. (B) 1767
2024+"Connecticut minimum tax" of a trust or estate means the lesser of (i) 1768
2025+nineteen per cent of the adjusted federal tentative minimum tax, as 1769
2026+defined in subdivision (28) of this subsection, or (ii) five and one-half 1770
2027+per cent of the adjusted federal alternative minimum taxable income, as 1771
2028+defined in subdivision (31) of this subsection. 1772
2029+(27) "Adjusted net Connecticut minimum tax" means (A) if the 1773
2030+Connecticut minimum tax is calculated under subparagraph (A)(i) or 1774
2031+(B)(i), as the case may be, of subdivision (26) of this subsection, the 1775
2032+excess, if any, of (i) the net Connecticut minimum tax, less the credit 1776
2033+allowed under subsection (e) of section 12-700a, over (ii) the amount that 1777
2034+would have been the net Connecticut minimum tax provided the 1778
2035+adjustments and items of preference specified in Section 53(d) of the 1779
2036+Internal Revenue Code had been used in determining the net 1780
2037+Connecticut minimum tax, less the credit that would have been allowed 1781 Substitute Bill No. 5475
2038+
2039+
2040+LCO 57 of 68
2041+
2042+under subsection (e) of section 12-700a for a similar tax determined by 1782
2043+using only the adjustments and items of preference specified in Section 1783
2044+53(d) of the Internal Revenue Code, or (B) if the Connecticut minimum 1784
2045+tax is calculated under subparagraph (A)(ii) or (B)(ii), as the case may 1785
2046+be, of subdivision (26) of this subsection, then the product of the excess 1786
2047+that is described in subparagraph (A) of this subdivision and that is 1787
2048+determined without regard to said subparagraph (A)(ii) or (B)(ii), as the 1788
2049+case may be, of subdivision (26) of this subsection, multiplied by a 1789
2050+fraction, the numerator of which is the net Connecticut minimum tax, as 1790
2051+if the Connecticut minimum tax were calculated under said 1791
2052+subparagraph (A)(ii) or (B)(ii), as the case may be, of subdivision (26) of 1792
2053+this subsection and the denominator of which is the net Connecticut 1793
2054+minimum tax, as if the Connecticut minimum tax were calculated under 1794
2055+said subparagraph (A)(i) or (B)(i), as the case may be, of subdivision (26) 1795
2056+of this subsection. 1796
2057+(28) "Adjusted federal tentative minimum tax" of a trust or estate 1797
2058+means its federal tentative minimum tax or, in the case of a trust or estate 1798
2059+whose Connecticut taxable income includes modifications described in 1799
2060+subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) or (A)(vii) of 1800
2061+subdivision (10) of this subsection [(a) of this section] or subparagraph 1801
2062+(B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or (B)(vii) of subdivision (10) 1802
2063+of this subsection, [(a) of this section,] the amount that would have been 1803
2064+the federal tentative minimum tax if such tax were calculated by 1804
2065+including, to the extent not includable in federal alternative minimum 1805
2066+taxable income, the modifications described in subparagraph (A)(i), 1806
2067+(A)(ii), (A)(iv), (A)(v), (A)(vi) or (A)(vii) of subdivision (10) of this 1807
2068+subsection, [(a) of this section,] by excluding, to the extent includable in 1808
2069+federal alternative minimum taxable income, the modifications 1809
2070+described in subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or 1810
2071+(B)(vii) of subdivision (10) of this subsection, [(a) of this section,] and by 1811
2072+excluding, to the extent includable in federal alternative minimum 1812
2073+taxable income, the amount of any interest income or exempt-interest 1813
2074+dividends, as defined in Section 852(b)(5) of the Internal Revenue Code, 1814
2075+from obligations that are issued by or on behalf of the state of 1815 Substitute Bill No. 5475
2076+
2077+
2078+LCO 58 of 68
2079+
2080+Connecticut, any political subdivision thereof, or public 1816
2081+instrumentality, state or local authority, district, or similar public entity 1817
2082+that is created under the laws of the state of Connecticut, or from 1818
2083+obligations that are issued by or on behalf of any territory or possession 1819
2084+of the United States, any political subdivision of such territory or 1820
2085+possession, or public instrumentality, authority, district or similar 1821
2086+public entity of such territory or possession, the income with respect to 1822
2087+which taxation by any state is prohibited by federal law. If such trust or 1823
2088+estate is itself a beneficiary of a trust or estate, then, for purposes of 1824
2089+calculating its adjusted federal alternative minimum tax, its federal 1825
2090+alternative minimum taxable income shall also be increased or 1826
2091+decreased, as the case may be, by the net amount of such trust or estate's 1827
2092+proportionate share of the Connecticut fiduciary adjustment relating to 1828
2093+modifications that are described, to the extent not includable in federal 1829
2094+alternative minimum taxable income, in subparagraph (A)(i), (A)(ii), 1830
2095+(A)(iv), (A)(v), (A)(vi) or (A)(vii) of subdivision (10) of this subsection 1831
2096+[(a) of this section] or, to the extent includable in federal alternative 1832
2097+minimum taxable income, subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), 1833
2098+(B)(v), (B)(vi) or (B)(vii) of subdivision (10) of this subsection. [(a) of this 1834
2099+section.] 1835
2100+(29) "Federal alternative minimum taxable income" means alternative 1836
2101+minimum taxable income, as defined in Section 55(b)(2) of the Internal 1837
2102+Revenue Code. 1838
2103+(30) "Adjusted federal alternative minimum taxable income" of an 1839
2104+individual means his or her federal alternative minimum taxable 1840
2105+income or, in the case of an individual whose Connecticut adjusted 1841
2106+gross income includes modifications described in subparagraph (A)(i), 1842
2107+(A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of subdivision (20) of this 1843
2108+subsection [(a) of this section] or subparagraph (B)(i), (B)(ii), (B)(v), 1844
2109+(B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision 1845
2110+(20) of this subsection, [(a) of this section,] the amount that would have 1846
2111+been the federal alternative minimum taxable income if such amount 1847
2112+were calculated by including, to the extent not includable in federal 1848
2113+alternative minimum taxable income, the modifications described in 1849 Substitute Bill No. 5475
2114+
2115+
2116+LCO 59 of 68
2117+
2118+subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or (A)(viii) of 1850
2119+subdivision (20) of this subsection, [(a) of this section,] by excluding, to 1851
2120+the extent includable in federal alternative minimum taxable income, 1852
2121+the modifications described in subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), 1853
2122+(B)(vii), (B)(viii), (B)(ix), (B)(x), (B)(xiii) or (B)(xv) of subdivision (20) of 1854
2123+this subsection, [(a) of this section,] and by excluding, to the extent 1855
2124+includable in federal alternative minimum taxable income, the amount 1856
2125+of any interest income or exempt-interest dividends, as defined in 1857
2126+Section 852(b)(5) of the Internal Revenue Code, from obligations that are 1858
2127+issued by or on behalf of the state of Connecticut, any political 1859
2128+subdivision thereof, or public instrumentality, state or local authority, 1860
2129+district, or similar public entity that is created under the laws of the state 1861
2130+of Connecticut, or from obligations that are issued by or on behalf of any 1862
2131+territory or possession of the United States, any political subdivision of 1863
2132+such territory or possession, or public instrumentality, authority, 1864
2133+district or similar public entity of such territory or possession, the 1865
2134+income with respect to which taxation by any state is prohibited by 1866
2135+federal law. If such individual is a beneficiary of a trust or estate, then, 1867
2136+for purposes of calculating his or her adjusted federal alternative 1868
2137+minimum taxable income, his or her federal alternative minimum 1869
2138+taxable income shall also be increased or decreased, as the case may be, 1870
2139+by the net amount of such individual's proportionate share of the 1871
2140+Connecticut fiduciary adjustment relating to modifications to the extent 1872
2141+not includable in federal alternative minimum taxable income, that are 1873
2142+described in subparagraph (A)(i), (A)(ii), (A)(v), (A)(vi), (A)(vii) or 1874
2143+(A)(viii) of subdivision (20) of this subsection [(a) of this section] or, to 1875
2144+the extent includable in federal alternative minimum taxable income, 1876
2145+subparagraph (B)(i), (B)(ii), (B)(v), (B)(vi), (B)(vii), (B)(viii), (B)(ix), (B)(x), 1877
2146+(B)(xiii) or (B)(xv) of subdivision (20) of this subsection. [(a) of this 1878
2147+section.] 1879
2148+(31) "Adjusted federal alternative minimum taxable income" of a trust 1880
2149+or estate means its federal alternative minimum taxable income or, in 1881
2150+the case of a trust or estate whose Connecticut taxable income includes 1882
2151+modifications described in subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v), 1883 Substitute Bill No. 5475
2152+
2153+
2154+LCO 60 of 68
2155+
2156+(A)(vi) or (A)(vii) of subdivision (10) of this subsection [(a) of this 1884
2157+section] or subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or 1885
2158+(B)(vii) of subdivision (10) of this subsection, [(a) of this section,] the 1886
2159+amount that would have been the federal alternative minimum taxable 1887
2160+income if such amount were calculated by including, to the extent not 1888
2161+includable in federal alternative minimum taxable income, the 1889
2162+modifications described in subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v), 1890
2163+(A)(vi) or (A)(vii) of subdivision (10) of this subsection, [(a) of this 1891
2164+section,] by excluding, to the extent includable in federal alternative 1892
2165+minimum taxable income, the modifications described in subparagraph 1893
2166+(B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or (B)(vii) of subdivision (10) 1894
2167+of this subsection, [(a) of this section,] and by excluding, to the extent 1895
2168+includable in federal alternative minimum taxable income, the amount 1896
2169+of any interest income or exempt-interest dividends, as defined in 1897
2170+Section 852(b)(5) of the Internal Revenue Code, from obligations that are 1898
2171+issued by or on behalf of the state of Connecticut, any political 1899
2172+subdivision thereof, or public instrumentality, state or local authority, 1900
2173+district, or similar public entity that is created under the laws of the state 1901
2174+of Connecticut, or from obligations that are issued by or on behalf of any 1902
2175+territory or possession of the United States, any political subdivision of 1903
2176+such territory or possession, or public instrumentality, authority, 1904
2177+district or similar public entity of such territory or possession, the 1905
2178+income with respect to which taxation by any state is prohibited by 1906
2179+federal law. If such trust or estate is itself a beneficiary of a trust or estate, 1907
2180+then, for purposes of calculating its adjusted federal alternative 1908
2181+minimum taxable income, its federal alternative minimum taxable 1909
2182+income shall also be increased or decreased, as the case may be, by the 1910
2183+net amount of such trust or estate's proportionate share of the 1911
2184+Connecticut fiduciary adjustment relating to modifications that are 1912
2185+described, to the extent not includable in federal alternative minimum 1913
2186+taxable income, in subparagraph (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) or 1914
2187+(A)(vii) of subdivision (10) of this subsection [(a) of this section,] or, to 1915
2188+the extent includable in federal alternative minimum taxable income, 1916
2189+subparagraph (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) or (B)(vii) of 1917
2190+subdivision (10) of this subsection. [(a) of this section.] 1918 Substitute Bill No. 5475
2191+
2192+
2193+LCO 61 of 68
2194+
2195+Sec. 34. Section 12-701a of the general statutes is repealed and the 1919
2196+following is substituted in lieu thereof (Effective October 1, 2022): 1920
2197+The maximum [annual modification] amount that may be subtracted 1921
2198+under subparagraph (B)(xiii) of subdivision (20) of subsection (a) of 1922
2199+section 12-701 shall be equal to the amount of contributions to all 1923
2200+accounts established pursuant to any qualified state tuition program, as 1924
2201+defined in Section 529(b) of the Internal Revenue Code, established and 1925
2202+maintained by this state or any official, agency or instrumentality of the 1926
2203+state, but shall not exceed five thousand dollars for each individual 1927
2204+taxpayer, or ten thousand dollars for taxpayers filing a joint return. Any 1928
2205+amount of a contribution that is not subtracted by the taxpayer in the 1929
2206+year for which the contribution is made, on or after January 1, 2006, may 1930
2207+be carried forward as a subtraction from income for the succeeding five 1931
2208+years; provided the amount subtracted shall not exceed the maximum 1932
2209+allowed in each subsequent taxable year. 1933
2210+Sec. 35. Subdivision (5) of subsection (c) of section 12-717 of the 1934
2211+general statutes is repealed and the following is substituted in lieu 1935
2212+thereof (Effective October 1, 2022): 1936
2213+(5) If a trust changes its status from resident to nonresident or from 1937
2214+nonresident to resident, the provisions of subdivisions (1) to (4), 1938
2215+inclusive, of this subsection shall apply, except that the term 1939
2216+"individual" shall be read as "trust", reference to "items of income, gain, 1940
2217+loss or deduction" shall mean the trust's share of such items determined 1941
2218+in accordance with the methods of allocation set forth in section 12-714, 1942
2219+reference to "gain" shall include any modification for includable gain 1943
2220+under [subsection] subdivision (9) of subsection (a) of section 12-701 and 1944
2221+federal adjusted gross income shall be determined as if the trust were 1945
2222+an individual. 1946
2223+Sec. 36. Subsection (f) of section 12-18b of the 2022 supplement to the 1947
2224+general statutes is repealed and the following is substituted in lieu 1948
2225+thereof (Effective October 1, 2022): 1949
2226+(f) For purposes of this section, any real property that is owned by 1950 Substitute Bill No. 5475
2227+
2228+
2229+LCO 62 of 68
2230+
2231+[the John Dempsey Hospital] The University of Connecticut Health 1951
2232+Center Finance Corporation established pursuant to the provisions of 1952
2233+sections 10a-250 to 10a-263, inclusive, or by one or more subsidiary 1953
2234+corporations established pursuant to subdivision (13) of section 10a-254 1954
2235+and that is free from taxation pursuant to the provisions of section 10a-1955
2236+259 shall be deemed to be state-owned real property. 1956
2237+Sec. 37. Subsection (c) of section 12-19a of the 2022 supplement to the 1957
2238+general statutes is repealed and the following is substituted in lieu 1958
2239+thereof (Effective October 1, 2022): 1959
2240+(c) As used in this section "total tax levied" means the total real 1960
2241+property tax levy in such town for the fiscal year preceding the fiscal 1961
2242+year in which a grant in lieu of taxes under this section is made, reduced 1962
2243+by the Secretary of the Office of Policy and Management in an amount 1963
2244+equal to all reimbursements certified as payable to such town by the 1964
2245+secretary for real property exemptions and credits on the taxable grand 1965
2246+list or rate bill of such town for the assessment year that corresponds to 1966
2247+that for which the assessed valuation of the state-owned land and 1967
2248+buildings has been provided. For purposes of this section and section 1968
2249+12-19b, any real property which is owned by [the John Dempsey 1969
2250+Hospital] The University of Connecticut Health Center Finance 1970
2251+Corporation established pursuant to the provisions of sections 10a-250 1971
2252+to 10a-263, inclusive, or by one or more subsidiary corporations 1972
2253+established pursuant to subdivision (13) of section 10a-254 and which is 1973
2254+free from taxation pursuant to the provisions of subdivision (13) of 1974
2255+section 10a-259 shall be deemed to be state-owned real property. As 1975
2256+used in this section and section 12-19b, "town" includes borough. 1976
2257+Sec. 38. Section 3-20d of the general statutes is repealed and the 1977
2258+following is substituted in lieu thereof (Effective October 1, 2022): 1978
2259+No state officer, employee, agency, board or commission, or any 1979
2260+agent thereof, shall incur, for any purpose, any obligation, by order, 1980
2261+contract, lease purchase, installment purchase or any other means, 1981
2262+which anticipates that any gain therefrom or interest payable thereon by 1982 Substitute Bill No. 5475
2263+
2264+
2265+LCO 63 of 68
2266+
2267+the state or such officer, employee, agency, board or commission, or 1983
2268+agent thereof, shall be excludable from the taxable income of the 1984
2269+recipient of such payments for the purposes of federal or state income 1985
2270+taxation unless, prior to the execution of any such obligation by or on 1986
2271+behalf of the state or such officer, employee, agency, board, commission 1987
2272+or agent, (1) such officer, employee, agency, board or commission, or the 1988
2273+agent thereof, has filed with the Treasurer, and the Treasurer has 1989
2274+approved, documents relating to the transaction which support the 1990
2275+availability of such tax exclusion and which set forth such monitoring 1991
2276+procedures as may be necessary to ensure compliance with any 1992
2277+requirements of the Internal Revenue Code of 1986, as from time to time 1993
2278+amended, or any subsequent corresponding internal revenue code of 1994
2279+the United States, related to the tax-exempt status of such obligation, 1995
2280+and (2) such obligation contains a certificate from the Treasurer to the 1996
2281+effect that the documents required to be filed with and approved by the 1997
2282+Treasurer pursuant to this section have been so filed and approved and 1998
2283+that any monitoring procedures which may be necessary to ensure 1999
2284+compliance with any requirements of the Internal Revenue Code of 2000
2285+1986, as from time to time amended, or any subsequent corresponding 2001
2286+internal revenue code of the United States, related to the tax-exempt 2002
2287+status of such obligation, have been implemented. Any such obligation 2003
2288+which does not contain such a certificate shall not be considered an 2004
2289+obligation of the state of Connecticut or of any officer, employee, 2005
2290+agency, board or commission thereof, or any agent thereof, for any 2006
2291+purpose relating to the exclusion of such obligation, or any gain 2007
2292+therefrom or interest thereon, from the taxable income of the recipient 2008
2293+for the purposes of federal or state income taxation. For the purposes of 2009
2294+this section, "state officer, employee, agency, board or commission, or 2010
2295+any agent thereof", shall include [the John Dempsey Hospital] The 2011
2296+University of Connecticut Health Center Finance Corporation or any 2012
2297+similar organization. 2013
2298+Sec. 39. Subsection (c) of section 4-28f of the general statutes is 2014
2299+repealed and the following is substituted in lieu thereof (Effective October 2015
2300+1, 2022): 2016 Substitute Bill No. 5475
2301+
2302+
2303+LCO 64 of 68
2304+
2305+(c) The trust fund shall be administered by a board of trustees, except 2017
2306+that the board shall suspend its operations from July 1, 2003, to June 30, 2018
2307+2005, inclusive. The board shall consist of seventeen trustees. The 2019
2308+appointment of the initial trustees shall be as follows: (1) The Governor 2020
2309+shall appoint four trustees, one of whom shall serve for a term of one 2021
2310+year from July 1, 2000, two of whom shall serve for a term of two years 2022
2311+from July 1, 2000, and one of whom shall serve for a term of three years 2023
2312+from July 1, 2000; (2) the speaker of the House of Representatives and 2024
2313+the president pro tempore of the Senate each shall appoint two trustees, 2025
2314+one of whom shall serve for a term of two years from July 1, 2000, and 2026
2315+one of whom shall serve for a term of three years from July 1, 2000; (3) 2027
2316+the majority leader of the House of Representatives and the majority 2028
2317+leader of the Senate each shall appoint two trustees, one of whom shall 2029
2318+serve for a term of one year from July 1, 2000, and one of whom shall 2030
2319+serve for a term of three years from July 1, 2000; (4) the minority leader 2031
2320+of the House of Representatives and the minority leader of the Senate 2032
2321+each shall appoint two trustees, one of whom shall serve for a term of 2033
2322+one year from July 1, 2000, and one of whom shall serve for a term of 2034
2323+two years from July 1, 2000; and (5) the Secretary of the Office of Policy 2035
2324+and Management, or the secretary's designee, shall serve as an ex-officio 2036
2325+voting member. Following the expiration of such initial terms, 2037
2326+subsequent trustees shall serve for a term of three years. The period of 2038
2327+suspension of the board's operations from July 1, 2003, to June 30, 2005, 2039
2328+inclusive, shall not be included in the term of any trustee serving on July 2040
2329+1, 2003. The trustees shall serve without compensation except for 2041
2330+reimbursement for necessary expenses incurred in performing their 2042
2331+duties. The board of trustees shall establish rules of procedure for the 2043
2332+conduct of its business which shall include, but not be limited to, 2044
2333+criteria, processes and procedures to be used in selecting programs to 2045
2334+receive money from the trust fund. The trust fund shall be within the 2046
2335+Office of Policy and Management for administrative purposes only. The 2047
2336+board of trustees shall, not later than January first of each year, except 2048
2337+following a fiscal year in which the trust fund does not receive a deposit 2049
2338+from the Tobacco Settlement Fund, [shall] submit a report of its activities 2050
2339+and accomplishments to the joint standing committees of the General 2051 Substitute Bill No. 5475
2340+
2341+
2342+LCO 65 of 68
2343+
2344+Assembly having cognizance of matters relating to public health and 2052
2345+appropriations and the budgets of state agencies, in accordance with 2053
2346+section 11-4a. 2054
2347+Sec. 40. Subsections (b) and (c) of section 4-66k of the 2022 2055
2348+supplement to the general statutes are repealed and the following is 2056
2349+substituted in lieu thereof (Effective October 1, 2022): 2057
2350+(b) For the fiscal year ending June 30, 2014, funds from the regional 2058
2351+planning incentive account shall be distributed to each regional 2059
2352+planning organization, as defined in section 4-124i of the general 2060
2353+statutes, revision of 1958, revised to January 1, 2013, in the amount of 2061
2354+one hundred twenty-five thousand dollars. Any regional council of 2062
2355+governments that is comprised of any two or more regional planning 2063
2356+organizations that voluntarily consolidate on or before December 31, 2064
2357+2013, shall receive an additional payment in an amount equal to the 2065
2358+amount the regional planning organizations would have received if 2066
2359+such regional planning organizations had not voluntarily consolidated. 2067
2360+(c) For the fiscal years ending June 30, 2015, to June 30, 2021, inclusive, 2068
2361+funds from the regional planning incentive account shall be distributed 2069
2362+to each regional council of governments formed pursuant to section 4-2070
2363+124j, in the amount of one hundred twenty-five thousand dollars plus 2071
2364+fifty cents per capita, using population information from the most recent 2072
2365+federal decennial census. Any regional council of governments that is 2073
2366+comprised of any two or more regional planning organizations, as 2074
2367+defined in section 4-124i of the general statutes, revision of 1958, revised 2075
2368+to January 1, 2013, that voluntarily consolidated on or before December 2076
2369+31, 2013, shall receive a payment in the amount of one hundred twenty-2077
2370+five thousand dollars for each such regional planning organization that 2078
2371+voluntarily consolidated on or before said date. 2079
2372+Sec. 41. Section 3-36c of the 2022 supplement to the general statutes is 2080
2373+repealed and the following is substituted in lieu thereof (Effective October 2081
2374+1, 2022): 2082
2375+The Treasurer, on behalf of the trust and for purposes of the trust, 2083 Substitute Bill No. 5475
2376+
2377+
2378+LCO 66 of 68
2379+
2380+may: 2084
2381+(1) Receive and invest moneys in the trust in any instruments, 2085
2382+obligations, securities or property in accordance with section 3-36d; 2086
2383+(2) Enter into one or more contractual agreements, including 2087
2384+contracts for legal, actuarial, accounting, custodial, advisory, 2088
2385+management, administrative, advertising, marketing and consulting 2089
2386+services for the trust and pay for such services from the assets of the 2090
2387+trust; 2091
2388+(3) Procure insurance in connection with the trust's property, assets, 2092
2389+activities or deposits to the trust; 2093
2390+(4) Apply for, accept and expend gifts, grants or donations from 2094
2391+public or private sources to enable the trust to carry out its objectives; 2095
2392+(5) Adopt regulations in accordance with chapter 54 for purposes of 2096
2393+[public act 21-111] sections 3-36b to 3-36i, inclusive; 2097
2394+(6) Sue and be sued; 2098
2395+(7) Establish one or more funds within the trust; and 2099
2396+(8) Take any other action necessary to carry out the purposes of 2100
2397+[public act 21-111] sections 3-36b to 3-36i, inclusive, and incidental to the 2101
2398+duties imposed on the Treasurer pursuant to [public act 21-111] said 2102
2399+sections. 2103
2400+Sec. 42. Subdivision (1) of subsection (a) of section 31-225a of the 2022 2104
2401+supplement to the general statutes is repealed and the following is 2105
2402+substituted in lieu thereof (Effective October 1, 2022): 2106
2403+(1) "Qualified employer" means each employer subject to this chapter 2107
2404+whose experience record has been chargeable with benefits for at least 2108
2405+one full experience year, with the exception of employers subject to a 2109
2406+flat entry rate of contributions as provided under subsection [(e)] (d) of 2110
2407+this section, employers subject to the maximum contribution rate under 2111 Substitute Bill No. 5475
2408+
2409+
2410+LCO 67 of 68
2411+
2412+subsection (c) of section 31-273, and reimbursing employers; 2112
2413+Sec. 43. Subsection (h) of section 38a-88a of the 2022 supplement to 2113
2414+the general statutes is repealed and the following is substituted in lieu 2114
2415+thereof (Effective October 1, 2022): 2115
2416+(h) No taxpayer shall be eligible for a credit under this section and 2116
2417+[either] section 12-217e [or section 12-217m] for the same investment. No 2117
2418+two taxpayers shall be eligible for any tax credit with respect to the same 2118
2419+investment, employee or facility. 2119
2420+Sec. 44. (Effective from passage) Section 465 of public act 21-2 of the June 2120
2421+special session shall take effect July 1, 2023, and shall be applicable to 2121
2422+calendar quarters commencing on or after July 1, 2023.2122
2423+This act shall take effect as follows and shall amend the following
2424+sections:
2425+
2426+Section 1 October 1, 2022 12-35(a)
2427+Sec. 2 October 1, 2022 12-40
2428+Sec. 3 October 1, 2022 12-43
2429+Sec. 4 October 1, 2022 12-44
2430+Sec. 5 October 1, 2022 12-54
2431+Sec. 6 October 1, 2022 12-57a(b)
2432+Sec. 7 October 1, 2022 12-111(a)
2433+Sec. 8 October 1, 2022 12-120a(4)
2434+Sec. 9 October 1, 2022 12-121f(a)
2435+Sec. 10 October 1, 2022 12-170aa
2436+Sec. 11 October 1, 2022 12-208(a)
2437+Sec. 12 October 1, 2022 12-214(b)
2438+Sec. 13 October 1, 2022 12-219(b)
2439+Sec. 14 October 1, 2022 12-217(a)(3)
2440+Sec. 15 October 1, 2022 12-391(c)
2441+Sec. 16 October 1, 2022 12-392(b)(3)(J)
2442+Sec. 17 October 1, 2022 12-643
2443+Sec. 18 October 1, 2022 12-408h(b)
2444+Sec. 19 October 1, 2022 12-410
2445+Sec. 20 October 1, 2022 12-414(c)
2446+Sec. 21 October 1, 2022 12-433
2447+Sec. 22 October 1, 2022 12-438 Substitute Bill No. 5475
2448+
2449+
2450+LCO 68 of 68
2451+
2452+Sec. 23 October 1, 2022 12-458(c)
2453+Sec. 24 October 1, 2022 12-587
2454+Sec. 25 October 1, 2022 12-587a(a)
2455+Sec. 26 October 1, 2022 12-631
2456+Sec. 27 October 1, 2022 12-632(a)(1)
2457+Sec. 28 October 1, 2022 12-632(c)
2458+Sec. 29 October 1, 2022 12-632(f)
2459+Sec. 30 October 1, 2022 17b-738
2460+Sec. 31 October 1, 2022 12-699a(b)(1)
2461+Sec. 32 October 1, 2022 12-701(a)(10)
2462+Sec. 33 October 1, 2022 12-701(a)(24) to (31)
2463+Sec. 34 October 1, 2022 12-701a
2464+Sec. 35 October 1, 2022 12-717(c)(5)
2465+Sec. 36 October 1, 2022 12-18b(f)
2466+Sec. 37 October 1, 2022 12-19a(c)
2467+Sec. 38 October 1, 2022 3-20d
2468+Sec. 39 October 1, 2022 4-28f(c)
2469+Sec. 40 October 1, 2022 4-66k(b) and (c)
2470+Sec. 41 October 1, 2022 3-36c
2471+Sec. 42 October 1, 2022 31-225a(a)(1)
2472+Sec. 43 October 1, 2022 38a-88a(h)
2473+Sec. 44 from passage New section
2474+
2475+FIN Joint Favorable Subst.
23652476