23 | | - | Section 1. Section 12-493a of the general statutes is repealed and the 1 |
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24 | | - | following is substituted in lieu thereof (Effective from passage): 2 |
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25 | | - | (a) As used in this section: 3 |
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26 | | - | (1) "Carrier" means any person that operates or causes to be operated 4 |
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27 | | - | on any highway in this state any eligible motor vehicle. "Carrier" does 5 |
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28 | | - | not include the state, any political subdivision of the state, the United 6 |
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29 | | - | States or the federal government; 7 |
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30 | | - | (2) "Commissioner" means the Commissioner of Revenue Services; 8 |
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31 | | - | (3) "Department" means the Department of Revenue Services; 9 |
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32 | | - | (4) "Eligible motor vehicle" means a motor vehicle, as defined in 10 |
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33 | | - | section 14-1, that (A) has a gross weight of twenty-six thousand pounds 11 |
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34 | | - | or more, and (B) carries a classification between Class 8 and Class 13, 12 |
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35 | | - | inclusive, under the Federal Highway Administration vehicle 13 |
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36 | | - | Committee Bill No. 5290 |
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38 | | - | |
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39 | | - | LCO No. 4995 2 of 13 |
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40 | | - | |
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41 | | - | classification system. "Eligible motor vehicle" does not include a motor 14 |
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42 | | - | vehicle carrying or transporting milk or dairy product to or from a dairy 15 |
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43 | | - | farm that holds a license to ship milk; 16 |
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44 | | - | (5) "Gross weight" has the same meaning as provided in section 14-1; 17 |
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45 | | - | and 18 |
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46 | | - | (6) "Highway" has the same meaning as provided in section 14-1. 19 |
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47 | | - | (b) (1) For each calendar month commencing on or after January 1, 20 |
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48 | | - | 2023, and prior to July 1, 2023, a tax is imposed on every carrier for the 21 |
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49 | | - | privilege of operating or causing to be operated an eligible motor vehicle 22 |
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50 | | - | on any highway of the state. Use of any such highway shall be measured 23 |
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51 | | - | by the number of miles traveled within the state by each eligible motor 24 |
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52 | | - | vehicle operated or caused to be operated by such carrier during each 25 |
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53 | | - | month. The amount of tax due from each carrier shall be determined in 26 |
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54 | | - | accordance with the provisions of subdivision (2) of this subsection. 27 |
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55 | | - | (2) Each carrier shall calculate the number of miles traveled by each 28 |
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56 | | - | eligible motor vehicle operated or caused to be operated by such carrier 29 |
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57 | | - | within the state during each month. The miles traveled within the state 30 |
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58 | | - | by each eligible motor vehicle shall be multiplied by the tax rate as 31 |
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59 | | - | follows, such rate to be based on the gross weight of each such vehicle: 32 |
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60 | | - | T1 Gross Weight in Pounds Rate in Dollars |
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61 | | - | T2 26,000-28,000 0.0250 |
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62 | | - | T3 28,001-30,000 0.0279 |
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63 | | - | T4 30,001-32,000 0.0308 |
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64 | | - | T5 32,001-34,000 0.0337 |
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65 | | - | T6 34,001-36,000 0.0365 |
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66 | | - | T7 36,001-38,000 0.0394 |
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67 | | - | T8 38,001-40,000 0.0423 |
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68 | | - | T9 40,001-42,000 0.0452 |
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69 | | - | T10 42,001-44,000 0.0481 |
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70 | | - | T11 44,001-46,000 0.0510 |
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71 | | - | T12 46,001-48,000 0.0538 |
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72 | | - | T13 48,001-50,000 0.0567 |
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73 | | - | T14 50,001-52,000 0.0596 |
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74 | | - | Committee Bill No. 5290 |
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77 | | - | LCO No. 4995 3 of 13 |
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78 | | - | |
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79 | | - | T15 52,001-54,000 0.0625 |
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80 | | - | T16 54,001-56,000 0.0654 |
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81 | | - | T17 56,001-58,000 0.0683 |
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82 | | - | T18 58,001-60,000 0.0712 |
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83 | | - | T19 60,001-62,000 0.0740 |
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84 | | - | T20 62,001-64,000 0.0769 |
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85 | | - | T21 64,001-66,000 0.0798 |
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86 | | - | T22 66,001-68,000 0.0827 |
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87 | | - | T23 68,001-70,000 0.0856 |
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88 | | - | T24 70,001-72,000 0.0885 |
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89 | | - | T25 72,001-74,000 0.0913 |
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90 | | - | T26 74,001-76,000 0.0942 |
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91 | | - | T27 76,001-78,000 0.0971 |
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92 | | - | T28 78,001-80,000 0.1000 |
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93 | | - | T29 80,001 and over 0.1750 |
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94 | | - | |
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95 | | - | (c) (1) Each carrier shall file with the commissioner, on or before the 33 |
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96 | | - | last day of each month, a return for the calendar month immediately 34 |
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97 | | - | preceding, in such form and containing such information as the 35 |
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98 | | - | commissioner may prescribe. The return shall be accompanied by 36 |
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99 | | - | payment of the amount of the tax shown to be due thereon. Each carrier 37 |
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100 | | - | shall be required to file such return electronically with the department 38 |
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101 | | - | and to make such payment by electronic funds transfer in the manner 39 |
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102 | | - | provided by chapter 228g, irrespective of whether the carrier would 40 |
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103 | | - | have otherwise been required to file such return electronically or to 41 |
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104 | | - | make such payment by electronic funds transfer under the provisions of 42 |
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105 | | - | said chapter. 43 |
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106 | | - | (2) Notwithstanding the provisions of subsection (a) of section 13b-44 |
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107 | | - | 61, the commissioner shall deposit into the Special Transportation Fund 45 |
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108 | | - | established under section 13b-68 the amounts received by the state from 46 |
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109 | | - | the tax imposed under this section. 47 |
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110 | | - | (d) (1) Each carrier desiring to use any highway of the state on or after 48 |
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111 | | - | January 1, 2023, and prior to July 1, 2023, shall file an application for a 49 |
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112 | | - | permit with the commissioner, in such form and containing such 50 |
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113 | | - | information as the commissioner may prescribe. No carrier may 51 |
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118 | | - | |
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119 | | - | lawfully operate or cause to be operated an eligible motor vehicle in the 52 |
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120 | | - | state on or after January 1, 2023, and prior to July 1, 2023, without 53 |
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121 | | - | obtaining a permit from the commissioner. 54 |
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122 | | - | (2) Upon receipt of a fully completed application from a carrier, the 55 |
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123 | | - | commissioner shall grant and issue a permit to such carrier. Such permit 56 |
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124 | | - | shall be valid only for the carrier to which it is issued and the eligible 57 |
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125 | | - | motor vehicles such carrier operates or causes to be operated on the 58 |
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126 | | - | highways of the state and shall not be assignable. The carrier shall 59 |
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127 | | - | maintain a copy of the permit within each eligible motor vehicle that 60 |
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128 | | - | such carrier operates or causes to be operated in the state. 61 |
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129 | | - | (e) (1) Whenever a carrier fails to comply with any provision of this 62 |
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130 | | - | section, the commissioner shall order a hearing to be held, requiring 63 |
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131 | | - | such carrier to show cause why such carrier's permit should not be 64 |
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132 | | - | revoked or suspended. The commissioner shall provide at least ten days' 65 |
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133 | | - | notice, in writing, to such carrier of the date, time and place of such 66 |
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134 | | - | hearing and may serve such notice personally or by registered or 67 |
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135 | | - | certified mail. If, after such hearing, the commissioner revokes or 68 |
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136 | | - | suspends a permit, the commissioner shall not restore such permit to or 69 |
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137 | | - | issue a new permit for such carrier unless the commissioner is satisfied 70 |
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138 | | - | that the carrier will comply with the provisions of this section. 71 |
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139 | | - | (2) Whenever a carrier files returns for four successive monthly 72 |
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140 | | - | periods showing that none of the eligible motor vehicles operated or 73 |
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141 | | - | caused to be operated by such carrier used any highway of the state, the 74 |
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142 | | - | commissioner shall order a hearing to be held, requiring such carrier to 75 |
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143 | | - | show cause why such carrier's permit should not be cancelled. The 76 |
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144 | | - | commissioner shall provide at least thirty days' notice, in writing, to 77 |
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145 | | - | such carrier of the date, time and place of such hearing and may serve 78 |
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146 | | - | such notice personally or by registered or certified mail. If, after such 79 |
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147 | | - | hearing, the commissioner cancels a permit, the commissioner shall not 80 |
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148 | | - | issue a new permit for such carrier unless the commissioner is satisfied 81 |
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149 | | - | that the carrier will make use of the highways of the state. 82 |
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150 | | - | (f) Each person, other than a carrier, who is required, on behalf of 83 |
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151 | | - | Committee Bill No. 5290 |
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152 | | - | |
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153 | | - | |
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154 | | - | LCO No. 4995 5 of 13 |
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155 | | - | |
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156 | | - | such carrier, to collect, truthfully account for and pay over a tax imposed 84 |
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157 | | - | on such carrier under this section and who wilfully fails to collect, 85 |
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158 | | - | truthfully account for and pay over such tax or who wilfully attempts in 86 |
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159 | | - | any manner to evade or defeat the tax or the payment thereof, shall, in 87 |
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160 | | - | addition to other penalties provided by law, be liable for a penalty equal 88 |
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161 | | - | to the total amount of the tax evaded, or not collected, or not accounted 89 |
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162 | | - | for and paid over, including any penalty or interest attributable to such 90 |
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163 | | - | wilful failure to collect or truthfully account for and pay over such tax 91 |
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164 | | - | or such wilful attempt to evade or defeat such tax, provided such 92 |
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165 | | - | penalty shall only be imposed against such person in the event that such 93 |
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166 | | - | tax, penalty or interest cannot otherwise be collected from such carrier. 94 |
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167 | | - | The amount of such penalty with respect to which a person may be 95 |
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168 | | - | personally liable under this section shall be collected in accordance with 96 |
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169 | | - | the provisions of subsection (n) of this section and any amount so 97 |
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170 | | - | collected shall be allowed as a credit against the amount of such tax, 98 |
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171 | | - | penalty or interest due and owing from the carrier. The dissolution of 99 |
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172 | | - | the carrier shall not discharge any person in relation to any personal 100 |
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173 | | - | liability under this section for wilful failure to collect or truthfully 101 |
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174 | | - | account for and pay over such tax or for a wilful attempt to evade or 102 |
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175 | | - | defeat such tax prior to dissolution, except as otherwise provided in this 103 |
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176 | | - | section. For purposes of this subsection, "person" includes any 104 |
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177 | | - | individual, corporation, limited liability company or partnership and 105 |
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178 | | - | any officer or employee of any corporation, including a dissolved 106 |
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179 | | - | corporation, and a member of or employee of any partnership or limited 107 |
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180 | | - | liability company who, as such officer, employee or member, is under a 108 |
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181 | | - | duty to file a tax return under this section on behalf of a carrier or to 109 |
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182 | | - | collect or truthfully account for and pay over a tax imposed under this 110 |
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183 | | - | section on behalf of such carrier. 111 |
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184 | | - | (g) (1) The commissioner may examine the records of any carrier 112 |
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185 | | - | subject to a tax imposed under the provisions of this section as the 113 |
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186 | | - | commissioner deems necessary. If the commissioner determines that 114 |
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187 | | - | there is a deficiency with respect to the payment of any such tax due 115 |
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188 | | - | under the provisions of this section, the commissioner shall assess or 116 |
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189 | | - | reassess the deficiency in tax, give notice of such deficiency assessment 117 |
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190 | | - | Committee Bill No. 5290 |
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192 | | - | |
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193 | | - | LCO No. 4995 6 of 13 |
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195 | | - | or reassessment to the taxpayer and make demand upon the taxpayer 118 |
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196 | | - | for payment. Such amount shall bear interest at the rate of one per cent 119 |
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197 | | - | per month or fraction thereof from the date when the original tax was 120 |
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198 | | - | due and payable. When it appears that any part of the deficiency for 121 |
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199 | | - | which a deficiency assessment is made is due to negligence or 122 |
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200 | | - | intentional disregard of the provisions of this section or regulations 123 |
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201 | | - | promulgated thereunder, there shall be imposed a penalty equal to ten 124 |
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202 | | - | per cent of the amount of such deficiency assessment, or fifty dollars, 125 |
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203 | | - | whichever is greater. When it appears that any part of the deficiency for 126 |
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204 | | - | which a deficiency assessment is made is due to fraud or intent to evade 127 |
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205 | | - | the provisions of this section or regulations promulgated thereunder, 128 |
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206 | | - | there shall be imposed a penalty equal to twenty-five per cent of the 129 |
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207 | | - | amount of such deficiency assessment. No taxpayer shall be subject to 130 |
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208 | | - | more than one penalty under this subsection in relation to the same tax 131 |
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209 | | - | period. Subject to the provisions of section 12-3a, the commissioner may 132 |
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210 | | - | waive all or part of the penalties provided under this section when it is 133 |
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211 | | - | proven to the commissioner's satisfaction that the failure to pay any tax 134 |
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212 | | - | was due to reasonable cause and was not intentional or due to neglect. 135 |
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213 | | - | Any decision rendered by any federal court holding that a taxpayer has 136 |
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214 | | - | filed a fraudulent return with the Director of Internal Revenue shall 137 |
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215 | | - | subject the taxpayer to the penalty imposed by this section without the 138 |
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216 | | - | necessity of further proof thereof, except when it can be shown that the 139 |
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217 | | - | return to the state so differed from the return to the federal government 140 |
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218 | | - | as to afford a reasonable presumption that the attempt to defraud did 141 |
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219 | | - | not extend to the return filed with the state. Within thirty days of the 142 |
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220 | | - | mailing of such notice, the taxpayer shall pay to the commissioner, in 143 |
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221 | | - | cash, or by check, draft or money order drawn to the order of the 144 |
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222 | | - | Commissioner of Revenue Services, any additional amount of tax, 145 |
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223 | | - | penalty and interest shown to be due. 146 |
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224 | | - | (2) Except in the case of a wilfully false or fraudulent return with 147 |
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225 | | - | intent to evade the tax, no assessment of additional tax shall be made 148 |
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226 | | - | after the expiration of more than three years from the date of the filing 149 |
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227 | | - | of a return or from the original due date of a return, whichever is later. 150 |
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228 | | - | If no return has been filed as provided under the provisions of this 151 |
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229 | | - | Committee Bill No. 5290 |
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232 | | - | LCO No. 4995 7 of 13 |
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234 | | - | section, the commissioner may make such return at any time thereafter, 152 |
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235 | | - | according to the best information obtainable and according to the form 153 |
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236 | | - | prescribed. To the tax imposed upon the basis of such return, there shall 154 |
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237 | | - | be added an amount equal to ten per cent of such tax, or fifty dollars, 155 |
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238 | | - | whichever is greater. The tax shall bear interest at the rate of one per 156 |
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239 | | - | cent per month or fraction thereof from the due date of such tax to the 157 |
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240 | | - | date of payment. Where, before the expiration of the period prescribed 158 |
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241 | | - | herein for the assessment of an additional tax, a taxpayer has consented 159 |
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242 | | - | in writing that such period may be extended, the amount of such 160 |
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243 | | - | additional tax due may be determined at any time within such extended 161 |
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244 | | - | period. The period so extended may be further extended by subsequent 162 |
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245 | | - | consents in writing before the expiration of the extended period. 163 |
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246 | | - | (h) (1) Any carrier believing that it has overpaid any taxes due under 164 |
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247 | | - | the provisions of this section may file a claim for refund in writing with 165 |
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248 | | - | the commissioner within three years from the due date for which such 166 |
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249 | | - | overpayment was made, stating the specific grounds upon which the 167 |
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250 | | - | claim is founded. Failure to file a claim within the time prescribed in this 168 |
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251 | | - | section constitutes a waiver of any demand against the state on account 169 |
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252 | | - | of overpayment. The commissioner shall review such claim within a 170 |
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253 | | - | reasonable time and, if the commissioner determines that a refund is 171 |
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254 | | - | due, the commissioner shall credit the overpayment against any amount 172 |
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255 | | - | then due and payable from the carrier under this section or any 173 |
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256 | | - | provision of the general statutes and shall refund any balance 174 |
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257 | | - | remaining. The commissioner shall notify the Comptroller of the 175 |
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258 | | - | amount of such refund and the Comptroller shall draw an order on the 176 |
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259 | | - | Treasurer in the amount thereof for payment to such carrier. If the 177 |
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260 | | - | commissioner determines that such claim is not valid, either in whole or 178 |
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261 | | - | in part, the commissioner shall mail notice of the proposed disallowance 179 |
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262 | | - | to the claimant, which notice shall set forth briefly the commissioner's 180 |
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263 | | - | findings of fact and the basis of disallowance in each case decided in 181 |
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264 | | - | whole or in part adversely to the claimant. Sixty days after the date on 182 |
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265 | | - | which it is mailed, a notice of proposed disallowance shall constitute a 183 |
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266 | | - | final disallowance except only for such amounts as to which the 184 |
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267 | | - | taxpayer filed, as provided in subdivision (2) of this subsection, a 185 |
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273 | | - | written protest with the commissioner. 186 |
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274 | | - | (2) On or before the sixtieth day after the mailing of the proposed 187 |
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275 | | - | disallowance, the claimant may file with the commissioner a written 188 |
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276 | | - | protest against the proposed disallowance in which the claimant shall 189 |
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277 | | - | set forth the grounds on which the protest is based. If a protest is filed, 190 |
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278 | | - | the commissioner shall reconsider the proposed disallowance and, if the 191 |
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279 | | - | claimant has so requested, may grant or deny the claimant or the 192 |
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280 | | - | claimant's authorized representatives an oral hearing. 193 |
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281 | | - | (3) The commissioner shall mail notice of the commissioner's 194 |
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282 | | - | determination to the claimant, which notice shall set forth briefly the 195 |
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283 | | - | commissioner's findings of fact and the basis of decision in each case 196 |
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284 | | - | decided in whole or in part adversely to the claimant. 197 |
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285 | | - | (4) The action of the commissioner on the claimant's protest shall be 198 |
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286 | | - | final upon the expiration of thirty days from the date on which the 199 |
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287 | | - | commissioner mails notice of the commissioner's action to the claimant 200 |
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288 | | - | unless within such period the claimant seeks judicial review of the 201 |
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289 | | - | commissioner's determination pursuant to subsection (l) of this section. 202 |
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290 | | - | (i) (1) Any person required under this section or regulations adopted 203 |
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291 | | - | thereunder to pay any tax, make a return, keep any record or supply 204 |
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292 | | - | any information, who wilfully fails to pay such tax, make such return, 205 |
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293 | | - | keep such records or supply such information, at the time required by 206 |
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294 | | - | law, shall, in addition to any other penalty provided by law, be fined 207 |
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295 | | - | not more than one thousand dollars or imprisoned not more than one 208 |
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296 | | - | year, or both. Notwithstanding the provisions of section 54-193, no 209 |
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297 | | - | person shall be prosecuted for a violation of the provisions of this 210 |
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298 | | - | subsection committed on or after January 1, 2023, and prior to July 1, 211 |
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299 | | - | 2023, except within three years next after such violation has been 212 |
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300 | | - | committed. As used in this subsection, "person" includes any officer or 213 |
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301 | | - | employee of a corporation or a member or employee of a partnership 214 |
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302 | | - | under a duty to pay such tax, make such return, keep such records or 215 |
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303 | | - | supply such information. 216 |
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304 | | - | Committee Bill No. 5290 |
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306 | | - | |
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307 | | - | LCO No. 4995 9 of 13 |
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308 | | - | |
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309 | | - | (2) Any person who wilfully delivers or discloses to the commissioner 217 |
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310 | | - | or the commissioner's authorized agent any list, return, account, 218 |
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311 | | - | statement or other document, known by such person to be fraudulent 219 |
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312 | | - | or false in any material matter, shall, in addition to any other penalty 220 |
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313 | | - | provided by law, be guilty of a class D felony. No person shall be 221 |
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314 | | - | charged with an offense under both subdivision (1) of this subsection 222 |
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315 | | - | and this subdivision in relation to the same tax period but such person 223 |
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316 | | - | may be charged and prosecuted for both such offenses upon the same 224 |
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317 | | - | information. 225 |
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318 | | - | (j) (1) Each carrier shall keep such records, receipts, invoices and other 226 |
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319 | | - | pertinent papers in such form as the commissioner requires. 227 |
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320 | | - | (2) In addition to the requirements set forth under subdivision (1) of 228 |
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321 | | - | this subsection, each carrier shall maintain, on a monthly basis on and 229 |
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322 | | - | after January 1, 2023, and prior to July 1, 2023, a list of all the eligible 230 |
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323 | | - | motor vehicles that such carrier operates or causes to operate on a 231 |
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324 | | - | highway in the state during such month. All such lists shall be 232 |
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325 | | - | maintained by the carrier for not less than four years after the date of 233 |
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326 | | - | each such month and shall be made available to the commissioner upon 234 |
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327 | | - | request. 235 |
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328 | | - | (3) The commissioner or the commissioner's authorized agent may 236 |
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329 | | - | examine the records, receipts, invoices, other pertinent papers and 237 |
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330 | | - | equipment of any person liable under the provisions of this section and 238 |
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331 | | - | may investigate the character of the business of such person to verify 239 |
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332 | | - | the accuracy of any return made or, if no return is made by such person, 240 |
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333 | | - | to ascertain and determine the amount required to be paid. 241 |
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334 | | - | (k) Any carrier that is aggrieved by the action of the commissioner or 242 |
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335 | | - | an authorized agent of the commissioner in fixing the amount of any 243 |
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336 | | - | tax, penalty or interest under this section may apply to the 244 |
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337 | | - | commissioner, in writing, not later than sixty days after the notice of 245 |
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338 | | - | such action is delivered or mailed to such carrier, for a hearing and a 246 |
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339 | | - | correction of the amount of such tax, penalty or interest, setting forth the 247 |
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340 | | - | reasons why such hearing should be granted and the amount by which 248 |
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341 | | - | Committee Bill No. 5290 |
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343 | | - | |
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344 | | - | LCO No. 4995 10 of 13 |
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345 | | - | |
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346 | | - | such tax, penalty or interest should be reduced. The commissioner shall 249 |
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347 | | - | promptly consider each such application and may grant or deny the 250 |
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348 | | - | hearing requested. If the hearing request is denied, the carrier shall be 251 |
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349 | | - | notified forthwith. If the hearing request is granted, the commissioner 252 |
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350 | | - | shall notify the carrier of the date, time and place for such hearing. After 253 |
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351 | | - | such hearing, the commissioner may make such order as appears just 254 |
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352 | | - | and lawful to the commissioner and shall furnish a copy of such order 255 |
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353 | | - | to the carrier. The commissioner may, by notice in writing, order a 256 |
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354 | | - | hearing on the commissioner's own initiative and require a carrier or 257 |
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355 | | - | any other individual who the commissioner believes to be in possession 258 |
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356 | | - | of relevant information concerning such carrier to appear before the 259 |
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357 | | - | commissioner or the commissioner's authorized agent with any 260 |
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358 | | - | specified books of account, papers or other documents, for examination 261 |
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359 | | - | under oath. 262 |
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360 | | - | (l) Any carrier that is aggrieved because of any order, decision, 263 |
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361 | | - | determination or disallowance the commissioner made under 264 |
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362 | | - | subsection (h) or (k) of this section may, not later than thirty days after 265 |
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363 | | - | service of notice of such order, decision, determination or disallowance, 266 |
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364 | | - | take an appeal therefrom to the superior court for the judicial district of 267 |
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365 | | - | New Britain, which appeal shall be accompanied by a citation to the 268 |
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366 | | - | commissioner to appear before said court. Such citation shall be signed 269 |
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367 | | - | by the same authority and such appeal shall be returnable at the same 270 |
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368 | | - | time and served and returned in the same manner as is required in the 271 |
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369 | | - | case of a summons in a civil action. The authority issuing the citation 272 |
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370 | | - | shall take from the appellant a bond or recognizance to the state of 273 |
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371 | | - | Connecticut, with surety, to prosecute the appeal to effect and to comply 274 |
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372 | | - | with the orders and decrees of the court in the premises. Such appeals 275 |
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373 | | - | shall be preferred cases, to be heard, unless cause appears to the 276 |
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374 | | - | contrary, at the first session, by the court or by a committee appointed 277 |
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375 | | - | by the court. Said court may grant such relief as may be equitable and, 278 |
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376 | | - | if such tax has been paid prior to the granting of such relief, may order 279 |
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377 | | - | the Treasurer to pay the amount of such relief. If the appeal has been 280 |
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378 | | - | taken without probable cause, the court may tax double or triple costs, 281 |
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379 | | - | as the case demands and, upon all such appeals that are denied, costs 282 |
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380 | | - | Committee Bill No. 5290 |
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381 | | - | |
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382 | | - | |
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383 | | - | LCO No. 4995 11 of 13 |
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384 | | - | |
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385 | | - | may be taxed against such carrier at the discretion of the court but no 283 |
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386 | | - | costs shall be taxed against the state. 284 |
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387 | | - | (m) The commissioner and any agent of the commissioner duly 285 |
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388 | | - | authorized to conduct any inquiry, investigation or hearing pursuant to 286 |
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389 | | - | this section shall have power to administer oaths and take testimony 287 |
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390 | | - | under oath relative to the matter of inquiry or investigation. At any 288 |
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391 | | - | hearing ordered by the commissioner, the commissioner or the 289 |
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392 | | - | commissioner's agent authorized to conduct such hearing and having 290 |
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393 | | - | authority by law to issue such process may subpoena witnesses and 291 |
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394 | | - | require the production of books, papers and documents pertinent to 292 |
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395 | | - | such inquiry or investigation. No witness under subpoena authorized 293 |
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396 | | - | to be issued under the provisions of this section shall be excused from 294 |
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397 | | - | testifying or from producing books, papers or documentary evidence on 295 |
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398 | | - | the ground that such testimony or the production of such books, papers 296 |
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399 | | - | or documentary evidence would tend to incriminate such witness, but 297 |
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400 | | - | such books, papers or documentary evidence so produced shall not be 298 |
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401 | | - | used in any criminal proceeding against such witness. If any person 299 |
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402 | | - | disobeys such process or, having appeared in obedience thereto, refuses 300 |
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403 | | - | to answer any pertinent question put to such person by the 301 |
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404 | | - | commissioner or the commissioner's authorized agent, or to produce 302 |
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405 | | - | any books, papers or other documentary evidence pursuant thereto, the 303 |
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406 | | - | commissioner or such agent may apply to the superior court of the 304 |
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407 | | - | judicial district wherein the carrier has a business address or wherein 305 |
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408 | | - | the carrier's business has been conducted, or to any judge of such court 306 |
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409 | | - | if the same is not in session, setting forth such disobedience to process 307 |
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410 | | - | or refusal to answer, and such court or such judge shall cite such person 308 |
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411 | | - | to appear before such court or such judge to answer such question or to 309 |
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412 | | - | produce such books, papers or other documentary evidence and, upon 310 |
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413 | | - | such person's refusal so to do, shall commit such person to a community 311 |
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414 | | - | correctional center until such person testifies, but not for a period longer 312 |
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415 | | - | than sixty days. Notwithstanding the serving of the term of such 313 |
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416 | | - | commitment by any person, the commissioner may proceed in all 314 |
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417 | | - | respects with such inquiry and examination as if the witness had not 315 |
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418 | | - | previously been called upon to testify. Officers who serve subpoenas 316 |
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419 | | - | Committee Bill No. 5290 |
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420 | | - | |
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421 | | - | |
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422 | | - | LCO No. 4995 12 of 13 |
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423 | | - | |
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424 | | - | issued by the commissioner or under the commissioner's authority and 317 |
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425 | | - | witnesses attending hearings conducted by the commissioner pursuant 318 |
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426 | | - | to this section shall receive fees and compensation at the same rates as 319 |
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427 | | - | officers and witnesses in the courts of this state, to be paid on vouchers 320 |
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428 | | - | of the commissioner on order of the Comptroller from the proper 321 |
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429 | | - | appropriation for the administration of this section. 322 |
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430 | | - | (n) The amount of any tax, penalty or interest due and unpaid under 323 |
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431 | | - | the provisions of this section may be collected under the provisions of 324 |
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432 | | - | section 12-35. The warrant provided under said section shall be signed 325 |
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433 | | - | by the commissioner or the commissioner's authorized agent. The 326 |
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434 | | - | amount of any such tax, penalty and interest shall be a lien on the real 327 |
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435 | | - | estate of the carrier from the last day of the month next preceding the 328 |
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436 | | - | due date of such civil penalty until such civil penalty is paid. The 329 |
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437 | | - | commissioner may record such lien in the records of any town in which 330 |
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438 | | - | the real estate of such carrier is situated but no such lien shall be 331 |
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439 | | - | enforceable against a bona fide purchaser or qualified encumbrancer of 332 |
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440 | | - | such real estate. When any tax with respect to which a lien has been 333 |
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441 | | - | recorded under the provisions of this subsection has been satisfied, the 334 |
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442 | | - | commissioner shall, upon request of any interested party, issue a 335 |
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443 | | - | certificate discharging such lien, which certificate shall be recorded in 336 |
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444 | | - | the same office in which the lien was recorded. Any action for the 337 |
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445 | | - | foreclosure of such lien shall be brought by the Attorney General in the 338 |
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446 | | - | name of the state in the superior court for the judicial district in which 339 |
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447 | | - | the real estate subject to such lien is situated, or, if such real estate is 340 |
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448 | | - | located in two or more judicial districts, in the superior court for any one 341 |
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449 | | - | such judicial district, and the court may limit the time for redemption or 342 |
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450 | | - | order the sale of such real estate or pass such other or further decree as 343 |
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451 | | - | it judges equitable. 344 |
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452 | | - | (o) No tax credit or credits shall be allowable against the tax imposed 345 |
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453 | | - | under this section. 346 |
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454 | | - | (p) Any person who knowingly violates any provision of this section 347 |
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455 | | - | for which no other penalty is provided shall be fined one thousand 348 |
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456 | | - | Committee Bill No. 5290 |
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457 | | - | |
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458 | | - | |
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459 | | - | LCO No. 4995 13 of 13 |
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460 | | - | |
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461 | | - | dollars. 349 |
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462 | | - | (q) The commissioner may adopt regulations, in accordance with the 350 |
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463 | | - | provisions of chapter 54, to implement the provisions of this section. 351 |
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464 | | - | (r) At the close of [each fiscal year, commencing with] the fiscal year 352 |
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465 | | - | ending June 30, 2023, [in which the tax imposed under the provisions of 353 |
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466 | | - | this section is received by the commissioner,] the Comptroller is 354 |
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467 | | - | authorized to record as revenue for such fiscal year the amount of such 355 |
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468 | | - | tax that is received by the commissioner not later than five business days 356 |
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469 | | - | from the July thirty-first immediately following the end of such fiscal 357 |
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470 | | - | year. 358 |
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471 | | - | This act shall take effect as follows and shall amend the following |
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472 | | - | sections: |
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473 | | - | |
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474 | | - | Section 1 from passage 12-493a |
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475 | | - | |
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| 30 | + | That title 12 of the general statutes be amended to eliminate the 1 |
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| 31 | + | highway use tax. 2 |
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