15 | | - | Section 1. Subsection (a) of section 12-35 of the general statutes is |
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16 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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17 | | - | 1, 2022): |
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18 | | - | (a) (1) Wherever used in this chapter, unless otherwise provided, |
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19 | | - | "state collection agency" includes the Treasurer, the Commissioner of |
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20 | | - | Revenue Services and any other state official, board or commission |
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21 | | - | authorized by law to collect taxes payable to the state and any duly |
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22 | | - | appointed deputy of any such official, board or commission; "tax" |
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23 | | - | includes not only the principal of any tax but also all interest, penalties, |
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24 | | - | fees and other charges added thereto by law; and "serving officer" |
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25 | | - | includes any state marshal, constable or employee of such state |
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26 | | - | collection agency designated for such purpose by a state collection |
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27 | | - | agency and any person so designated by the Labor Commissioner. |
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28 | | - | (2) Upon the failure of any person to pay any tax, except any tax |
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29 | | - | under chapter 216, due the state within thirty days from its due date, the |
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30 | | - | state collection agency charged by law with its collection shall add Substitute House Bill No. 5475 |
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31 | | - | |
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32 | | - | Public Act No. 22-110 2 of 71 |
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33 | | - | |
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34 | | - | thereto such penalty or interest or both as are prescribed by law, |
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35 | | - | provided, (A) if any statutory penalty is not specified, there may be |
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36 | | - | added a penalty in the amount of ten per cent of the whole or such part |
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37 | | - | of the principal of the tax as is unpaid or fifty dollars, whichever amount |
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38 | | - | is greater, and [provided,] (B) if any statutory interest is not specified, |
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39 | | - | there shall be added interest at the rate of one per cent of the whole or |
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40 | | - | such part of the principal of the tax as is unpaid for each month or |
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41 | | - | fraction thereof, from the due date of such tax to the date of payment. |
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42 | | - | (3) Upon the failure of any person to pay any tax, except any tax |
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43 | | - | under chapter 216, due within thirty days of its due date, the state |
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44 | | - | collection agency charged by law with the collection of such tax may |
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45 | | - | make out and sign a warrant directed to any serving officer for distraint |
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46 | | - | upon any property of such person found within the state, whether real |
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47 | | - | or personal. An itemized bill shall be attached thereto, certified by the |
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48 | | - | state collection agency issuing such warrant as a true statement of the |
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49 | | - | amount due from such person. |
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50 | | - | (A) Such warrant shall have the same force and effect as an execution |
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51 | | - | issued pursuant to chapter 906. Such warrant may be levied on any real |
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52 | | - | property or tangible or intangible personal property of such person, and |
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53 | | - | sale made pursuant to such warrant in the same manner and with the |
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54 | | - | same force and effect as a levy of sale pursuant to an execution. In |
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55 | | - | addition thereto, if such warrant has been issued by the Commissioner |
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56 | | - | of Revenue Services, [his] the commissioner's deputy, the Labor |
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57 | | - | Commissioner, the executive director of the Employment Security |
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58 | | - | Division or any person in the Employment Security Division in a |
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59 | | - | position equivalent to or higher than the position presently held by a |
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60 | | - | revenue examiner four, [said] such serving officer shall be authorized to |
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61 | | - | place a keeper in any place of business and it shall be such keeper's duty |
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62 | | - | to secure the income of such business for the state and, when it is in the |
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63 | | - | best interest of the state, to force cessation of such business operation. In |
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64 | | - | addition, the Attorney General may collect any such tax by civil action. Substitute House Bill No. 5475 |
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65 | | - | |
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66 | | - | Public Act No. 22-110 3 of 71 |
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67 | | - | |
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68 | | - | Each serving officer so receiving a warrant shall make a return with |
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69 | | - | respect to such warrant to the appropriate collection agency within a |
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70 | | - | period of ten days following receipt of such warrant. |
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71 | | - | (B) Each serving officer shall collect from such person, in addition to |
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72 | | - | the amount shown on such warrant, [his] such officer's fees and charges, |
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73 | | - | which shall be twice those authorized by statute for serving officers, |
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74 | | - | provided the minimum charge shall be five dollars and money collected |
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75 | | - | pursuant to such warrant shall be first applied to the amount of any fees |
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76 | | - | and charges of the serving officer. In the case of an employee of the state |
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77 | | - | acting as a serving officer the fees and charges collected by such |
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78 | | - | employee shall inure to the benefit of the state. |
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79 | | - | (4) For the purposes of this [section] subsection, "keeper" means a |
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80 | | - | person who has been given authority by an officer authorized to serve a |
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81 | | - | tax warrant to act in the state's interest to secure the income of a business |
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82 | | - | for the state and, when it is in the best interest of the state, to force the |
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83 | | - | cessation of such business's operation, upon the failure of such business |
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84 | | - | to pay taxes owed to the state. |
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85 | | - | Sec. 2. Section 12-40 of the general statutes is repealed and the |
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86 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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87 | | - | The assessors in each town, except as otherwise specially provided |
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88 | | - | by law, shall, on or before the fifteenth day of October annually, post on |
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89 | | - | the signposts therein, if any, or at some other exterior place near the |
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90 | | - | office of the town clerk, or publish in a newspaper published in such |
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91 | | - | town or, if no newspaper is published in such town, then in any |
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92 | | - | newspaper published in the state having a general circulation in such |
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93 | | - | town, a notice requiring all persons therein liable to pay taxes to bring |
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94 | | - | in a declaration of the taxable personal property belonging to them on |
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95 | | - | the first day of October in that year in accordance with section [12-42] |
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96 | | - | 12-41 and the taxable personal property for which a declaration is |
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97 | | - | required in accordance with section 12-43, as amended by this act. Substitute House Bill No. 5475 |
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98 | | - | |
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99 | | - | Public Act No. 22-110 4 of 71 |
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100 | | - | |
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101 | | - | Sec. 3. Section 12-43 of the general statutes is repealed and the |
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102 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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103 | | - | (a) Each owner of tangible personal property located in any town for |
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104 | | - | three months or more during the assessment year immediately |
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105 | | - | preceding any assessment day, who is a nonresident of such town, shall |
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106 | | - | file a declaration of such personal property with the assessors of the |
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107 | | - | town in which the same is located on such assessment day, if located in |
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108 | | - | such town for three months or more in such year, otherwise, in the town |
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109 | | - | in which such property is located for the three months or more in such |
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110 | | - | year nearest to such assessment day, under the same provisions as apply |
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111 | | - | to residents, and such personal property shall not be liable to taxation |
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112 | | - | in any other town in this state. The declaration of each nonresident |
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113 | | - | taxpayer shall contain the nonresident's post-office and street address. |
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114 | | - | (b) At least thirty days before the expiration of the time for filing such |
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115 | | - | declaration, the assessors shall mail blank declaration forms to each |
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116 | | - | nonresident, or to such nonresident's attorney or agent having custody |
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117 | | - | of the nonresident's taxable property, or send such forms electronically |
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118 | | - | to such nonresident's electronic mail address or the electronic mail |
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119 | | - | address of such nonresident's attorney or agent, provided such |
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120 | | - | nonresident has requested, in writing, to receive such forms |
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121 | | - | electronically. If the identity or mailing address of a nonresident |
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122 | | - | taxpayer is not discovered until after the expiration of time for filing a |
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123 | | - | declaration, the assessor shall, not later than ten days after determining |
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124 | | - | the identity or mailing address, mail a declaration form to the |
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125 | | - | nonresident taxpayer. [Said] Such taxpayer shall file the declaration not |
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126 | | - | later than fifteen days after the date such declaration form is sent. Each |
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127 | | - | nonresident taxpayer who fails to file a declaration in accordance with |
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128 | | - | the provisions of this section shall be subject to the penalty provided in |
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129 | | - | subsection (e) of section 12-41. |
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130 | | - | (c) As used in this section, "nonresident" means a person who does |
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131 | | - | not reside in the town in which such person's tangible personal property Substitute House Bill No. 5475 |
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132 | | - | |
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133 | | - | Public Act No. 22-110 5 of 71 |
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134 | | - | |
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135 | | - | is located on the assessment day, or a company, corporation, limited |
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136 | | - | liability company, partnership or any other type of business enterprise |
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137 | | - | that does not have an established place for conducting business in such |
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138 | | - | town on the assessment day. |
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139 | | - | Sec. 4. Section 12-44 of the general statutes is repealed and the |
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140 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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141 | | - | Twenty-five per cent of the amount of the valuation of any property |
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142 | | - | taxable by any city, borough, school district, fire district or other |
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143 | | - | municipal association which bases its grand list upon that of the town |
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144 | | - | in which it is situated shall be added to such amount on the assessment |
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145 | | - | list of such municipal association in each case in which twenty-five per |
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146 | | - | cent has been added to such amount by such town for the failure to file |
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147 | | - | a list as prescribed by section [12-42] 12-41 or 12-43, as amended by this |
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148 | | - | act; but such penalty shall not be in addition to that previously imposed |
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149 | | - | in the town assessment. |
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150 | | - | Sec. 5. Section 12-54 of the general statutes is repealed and the |
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151 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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152 | | - | Each person liable to give in a declaration of such person's taxable |
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153 | | - | tangible personal property and failing to do so may, within sixty days |
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154 | | - | after the expiration of the time fixed by law for filing such declaration, |
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155 | | - | be notified in writing by the [assessors] assessor or a majority of [them] |
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156 | | - | the board of assessors to appear before them to be examined under oath |
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157 | | - | as to such person's property liable to taxation and for the purpose of |
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158 | | - | verifying a declaration made out by them under the provisions of |
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159 | | - | section [12-42] 12-41. Any person who wilfully neglects or refuses to |
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160 | | - | appear before the assessors and make oath as to such person's taxable |
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161 | | - | property within ten days after having been so notified or who, having |
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162 | | - | appeared, refuses to answer shall be fined not more than one thousand |
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163 | | - | dollars. The assessors shall promptly notify the proper prosecuting |
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164 | | - | officers of any violation of any provision of this section. Nothing in this Substitute House Bill No. 5475 |
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165 | | - | |
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166 | | - | Public Act No. 22-110 6 of 71 |
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167 | | - | |
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168 | | - | section shall be construed to preclude the assessor from performing an |
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169 | | - | audit of such person's taxable personal property, as provided in section |
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170 | | - | 12-53. |
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171 | | - | Sec. 6. Subsection (b) of section 12-57a of the general statutes is |
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172 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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173 | | - | 1, 2022): |
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174 | | - | (b) Whenever any such lessee of personal property fails to file the |
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175 | | - | information required in this section, it shall be assumed that any such |
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176 | | - | property in the lessee's possession is owned by the lessee, who shall be |
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177 | | - | subject to the penalty as provided in section [12-42] 12-41 in the same |
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178 | | - | manner as any owner of personal property who fails to file a personal |
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179 | | - | property declaration as required. |
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180 | | - | Sec. 7. Subsection (a) of section 12-111 of the 2022 supplement to the |
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181 | | - | general statutes is repealed and the following is substituted in lieu |
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182 | | - | thereof (Effective October 1, 2022): |
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183 | | - | (a) (1) Any person, including any lessee of real property whose lease |
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184 | | - | has been recorded as provided in section 47-19 and who is bound under |
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185 | | - | the terms of a lease to pay real property taxes and any person to whom |
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186 | | - | title to such property has been transferred since the assessment date, |
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187 | | - | claiming to be aggrieved by the doings of the assessors of such town |
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188 | | - | may appeal therefrom to the board of assessment appeals. Such appeal |
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189 | | - | shall be filed in writing or by electronic mail in a manner prescribed by |
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190 | | - | such board on or before February twentieth. The appeal shall include, |
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191 | | - | but is not limited to, the property owner's name, name and position of |
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192 | | - | the signer, description of the property which is the subject of the appeal, |
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193 | | - | name, mailing address and electronic mail address of the party to be |
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194 | | - | sent all correspondence by the board of assessment appeals, reason for |
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195 | | - | the appeal, appellant's estimate of value, signature of property owner, |
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196 | | - | or duly authorized agent of the property owner, and date of signature. |
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197 | | - | The board shall notify each aggrieved taxpayer who filed an appeal in Substitute House Bill No. 5475 |
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198 | | - | |
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199 | | - | Public Act No. 22-110 7 of 71 |
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200 | | - | |
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201 | | - | the proper form and in a timely manner, no later than March first |
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202 | | - | immediately following the assessment date, of the date, time and place |
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203 | | - | of the appeal hearing. Such notice shall be sent no later than seven |
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204 | | - | calendar days preceding the hearing date except that the board may |
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205 | | - | elect not to conduct an appeal hearing for any commercial, industrial, |
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206 | | - | utility or apartment property with an assessed value greater than one |
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207 | | - | million dollars. |
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208 | | - | (2) The board shall, not later than March first, notify the appellant |
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209 | | - | that the board has elected not to conduct an appeal hearing. An |
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210 | | - | appellant whose appeal will not be heard by the board may appeal |
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211 | | - | directly to the Superior Court pursuant to section 12-117a. |
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212 | | - | (3) The board shall determine all appeals for which the board |
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213 | | - | conducts an appeal hearing and send written notification of the final |
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214 | | - | determination of such appeals to each such person within one week |
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215 | | - | after such determination has been made. Such written notification shall |
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216 | | - | include information describing the property owner's right to appeal the |
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217 | | - | determination of such board. Such board may equalize and adjust the |
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218 | | - | grand list of such town and may increase or decrease the assessment of |
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219 | | - | any taxable property or interest therein and may add an assessment for |
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220 | | - | property omitted by the assessors which should be added thereto; and |
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221 | | - | may add to the grand list the name of any person omitted by the |
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222 | | - | assessors and owning taxable property in such town, placing therein all |
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223 | | - | property liable to taxation which it has reason to believe is owned by |
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224 | | - | such person, at the percentage of its actual valuation, as determined by |
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225 | | - | the assessors in accordance with the provisions of sections 12-64 and 12- |
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226 | | - | 71, from the best information that it can obtain. [, and if] If such property |
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227 | | - | should have been included in the declaration, as required by section [12- |
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228 | | - | 42] 12-41 or 12-43, as amended by this act, [it] the board shall add thereto |
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229 | | - | twenty-five per cent of such assessment; but, before proceeding to |
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230 | | - | increase the assessment of any person or to add to the grand list the |
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231 | | - | name of any person so omitted, [it] the board shall mail to such person, Substitute House Bill No. 5475 |
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232 | | - | |
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233 | | - | Public Act No. 22-110 8 of 71 |
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234 | | - | |
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235 | | - | postage paid, at least one week before making such increase or addition, |
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236 | | - | a written or printed notice addressed to such person at the town in |
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237 | | - | which such person resides, to appear before such board and show cause |
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238 | | - | why such increase or addition should not be made. |
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239 | | - | (4) When the board increases or decreases the gross assessment of any |
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240 | | - | taxable real property or interest therein, the amount of such gross |
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241 | | - | assessment shall be fixed until the assessment year in which the |
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242 | | - | municipality next implements a revaluation of all real property |
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243 | | - | pursuant to section 12-62, unless the assessor increases or decreases the |
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244 | | - | gross assessment of the property to [(1)] (A) comply with an order of a |
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245 | | - | court of jurisdiction, [(2)] (B) reflect an addition for new construction, |
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246 | | - | [(3)] (C) reflect a reduction for damage or demolition, or [(4)] (D) correct |
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247 | | - | a factual error by issuance of a certificate of correction. Notwithstanding |
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248 | | - | the provisions of this subsection, if, prior to the next revaluation, the |
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249 | | - | assessor increases or decreases a gross assessment established by the |
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250 | | - | board for any other reason, the assessor shall submit a written |
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251 | | - | explanation to the board setting forth the reason for such increase or |
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252 | | - | decrease. The assessor shall also append the written explanation to the |
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253 | | - | property card for the real estate parcel whose gross assessment was |
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254 | | - | increased or decreased. |
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255 | | - | Sec. 8. Subdivision (4) of section 12-120a of the general statutes is |
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256 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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257 | | - | 1, 2022): |
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258 | | - | (4) (A) For purposes of taxable registered motor vehicles, such report |
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259 | | - | shall include the total number of motor vehicles and the total assessed |
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260 | | - | value of such motor vehicles for each of the following classifications |
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261 | | - | related to use: (i) Passenger, (ii) commercial, (iii) combination, (iv) farm, |
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262 | | - | and (v) any other classification; (B) for purposes of taxable vehicles |
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263 | | - | which are not registered and mobile manufactured homes, such report |
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264 | | - | shall include the total number of such vehicles and mobile |
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265 | | - | manufactured homes and the total assessed value for each such Substitute House Bill No. 5475 |
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266 | | - | |
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267 | | - | Public Act No. 22-110 9 of 71 |
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268 | | - | |
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269 | | - | category; (C) for purposes of all other taxable personal property, such |
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270 | | - | report shall include the total value of each category of such property as |
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271 | | - | contained in the tax list required pursuant to sections [12-42] 12-41 and |
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272 | | - | 12-43, as amended by this act. |
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273 | | - | Sec. 9. Subsection (a) of section 12-121f of the general statutes is |
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274 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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275 | | - | 1, 2022): |
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276 | | - | (a) An assessment list in any town, city or borough is not invalid as |
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277 | | - | to the taxpayers of the taxing district as a whole because the assessor |
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278 | | - | committed any one or more of the errors or omissions listed in |
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279 | | - | subdivisions (1) to (15), inclusive, of this subsection unless an action |
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280 | | - | contesting the validity of the assessment list is brought within four |
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281 | | - | months after the assessment date and the plaintiff establishes that the |
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282 | | - | assessor's error or omission will produce a substantial injustice to the |
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283 | | - | taxpayers as a whole: |
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284 | | - | (1) The assessor failed to give the legal notice required by section 12- |
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285 | | - | 40, as amended by this act, that all persons liable to pay taxes in the |
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286 | | - | taxing district must, when required by law, bring in written or printed |
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287 | | - | lists of the taxable property belonging to them; |
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288 | | - | (2) The assessor received a list that is either not sworn to or not signed |
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289 | | - | by the person giving that list as required by section 12-49; |
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290 | | - | (3) The assessor received a list after the deadline specified by section |
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291 | | - | [12-42] 12-41 but neglected to fill out a list of the property described and |
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292 | | - | add to the assessment the penalty set by said section [12-42] for failing |
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293 | | - | to file before the deadline; |
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294 | | - | (4) The assessor failed to give the notice required by subsection (c) of |
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295 | | - | section 12-53 after adding property to the list of any person or |
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296 | | - | corporation making a sworn list; Substitute House Bill No. 5475 |
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297 | | - | |
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298 | | - | Public Act No. 22-110 10 of 71 |
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299 | | - | |
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300 | | - | (5) The assessor failed to give the notice required by subsection (c) of |
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301 | | - | section 12-53 after making out a list for a person or corporation that was |
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302 | | - | liable to pay taxes and failed to give a required list; |
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303 | | - | (6) The assessor failed to assess and set house lots separately in lists |
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304 | | - | as land as required by section [12-42] 12-63; |
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305 | | - | (7) The assessor failed to sign any assessment list, or did not sign the |
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306 | | - | assessment list of a town, city or borough collectively but signed the |
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307 | | - | assessment list individually for districts in the town, city or borough; |
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308 | | - | (8) The assessor failed, as required by subsection (a) of section 12-55, |
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309 | | - | to arrange an assessment list in alphabetical order, or to lodge the list in |
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310 | | - | the required office on or before the day designated by law, or at all; |
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311 | | - | (9) The assessor decreased valuations after the day on which the |
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312 | | - | assessment list was lodged or was required by law to be lodged in the |
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313 | | - | required office, but before the date on which the abstract of such list was |
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314 | | - | transmitted or was required to be transmitted to the Secretary of the |
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315 | | - | Office of Policy and Management; |
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316 | | - | (10) The assessor failed, as required by section 12-42, to fill out a list |
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317 | | - | for any person or corporation that failed to return a required list; |
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318 | | - | (11) The assessor incorrectly made an assessment list abstract |
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319 | | - | required by subsection (a) of section 12-55; |
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320 | | - | (12) The assessor failed to compare, sign, return, date or make oath to |
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321 | | - | an abstract of an assessment list of his or her town, as required by law, |
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322 | | - | or omitted from an abstract any part of the list of any person; |
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323 | | - | (13) The assessor did not take the oath required by law; |
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324 | | - | (14) The assessor failed to return to a district clerk an assessment list |
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325 | | - | of the district assessment; or Substitute House Bill No. 5475 |
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326 | | - | |
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327 | | - | Public Act No. 22-110 11 of 71 |
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328 | | - | |
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329 | | - | (15) The assessor omitted from the assessment list the taxable |
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330 | | - | property of any person or corporation liable to pay taxes. |
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331 | | - | Sec. 10. Section 12-170aa of the 2022 supplement to the general |
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332 | | - | statutes is repealed and the following is substituted in lieu thereof |
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333 | | - | (Effective October 1, 2022): |
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334 | | - | (a) There is established, for the assessment year commencing October |
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335 | | - | 1, 1985, and each assessment year thereafter, a revised state program of |
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336 | | - | property tax relief for certain elderly homeowners as determined in |
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337 | | - | accordance with subsection (b) of this section, and additionally for the |
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338 | | - | assessment year commencing October 1, 1986, and each assessment year |
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339 | | - | thereafter, the property tax relief benefits of such program are made |
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340 | | - | available to certain homeowners who are permanently and totally |
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341 | | - | disabled as determined in accordance with [said] subsection (b) of this |
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342 | | - | section. |
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343 | | - | (b) (1) The program established by this section shall provide for a |
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344 | | - | reduction in property tax, except in the case of benefits payable as a |
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345 | | - | grant under certain circumstances in accordance with provisions in |
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346 | | - | subsection (j) of this section, applicable to the assessed value of certain |
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347 | | - | real property, determined in accordance with subsection (c) of this |
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348 | | - | section, for any (A) owner of real property, including any owner of real |
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349 | | - | property held in trust for such owner, provided such owner or such |
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350 | | - | owner and such owner's spouse are the grantor and beneficiary of such |
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351 | | - | trust, (B) tenant for life or tenant for a term of years liable for property |
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352 | | - | tax under section 12-48, or (C) resident of a multiple-dwelling complex |
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353 | | - | under certain contractual conditions as provided in [said] subsection (j) |
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354 | | - | of this section, who (i) at the close of the preceding calendar year has |
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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 |
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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 | + | |
---|
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. |
---|