1117 | | - | (ii) Notwithstanding the provisions of subparagraph (D)(i) of this 529 |
---|
1118 | | - | subdivision, for each taxpayer whose Connecticut adjusted gross 530 |
---|
1119 | | - | income exceeds fifty thousand two hundred fifty dollars, the amount of 531 Substitute Bill No. 981 |
---|
1120 | | - | |
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1125 | | - | |
---|
1126 | | - | the taxpayer's Connecticut taxable income to which the two-per-cent tax 532 |
---|
1127 | | - | rate applies shall be reduced by one thousand dollars for each two 533 |
---|
1128 | | - | thousand five hundred dollars, or fraction thereof, by which the 534 |
---|
1129 | | - | taxpayer's Connecticut adjusted gross income exceeds said amount. 535 |
---|
1130 | | - | Any such amount of Connecticut taxable income to which, as provided 536 |
---|
1131 | | - | in the preceding sentence, the two-per-cent tax rate does not apply shall 537 |
---|
1132 | | - | be an amount to which the four-and-three-quarters-per-cent tax rate 538 |
---|
1133 | | - | shall apply. 539 |
---|
1134 | | - | (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 540 |
---|
1135 | | - | two hundred thousand dollars shall pay, in addition to the tax 541 |
---|
1136 | | - | computed under the provisions of subparagraphs (D)(i) and (D)(ii) of 542 |
---|
1137 | | - | this subdivision, an amount equal to ninety dollars for each five 543 |
---|
1138 | | - | thousand dollars, or fraction thereof, by which the taxpayer's 544 |
---|
1139 | | - | Connecticut adjusted gross income exceeds two hundred thousand 545 |
---|
1140 | | - | dollars, up to a maximum payment of two thousand seven hundred 546 |
---|
1141 | | - | dollars. 547 |
---|
1142 | | - | (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 548 |
---|
1143 | | - | five hundred thousand dollars shall pay, in addition to the tax 549 |
---|
1144 | | - | computed under the provisions of subparagraphs (D)(i), (D)(ii) and 550 |
---|
1145 | | - | (D)(iii) of this subdivision, an amount equal to fifty dollars for each five 551 |
---|
1146 | | - | thousand dollars, or fraction thereof, by which the taxpayer's 552 |
---|
1147 | | - | Connecticut adjusted gross income exceeds five hundred thousand 553 |
---|
1148 | | - | dollars, up to a maximum payment of four hundred fifty dollars. 554 |
---|
1149 | | - | (v) Each taxpayer whose Connecticut adjusted gross income exceeds 555 |
---|
1150 | | - | two hundred thousand dollars shall pay, in addition to the tax 556 |
---|
1151 | | - | computed under the provisions of subparagraphs (D)(i), (D)(ii), (D)(iii) 557 |
---|
1152 | | - | and, if applicable, (D)(iv) of this subdivision, one hundred twenty-five 558 |
---|
1153 | | - | dollars. 559 |
---|
1154 | | - | (E) For trusts or estates, the rate of tax shall be 6.99% of the 560 |
---|
1155 | | - | Connecticut taxable income. 561 |
---|
1156 | | - | [(10)] (11) The provisions of this subsection shall apply to resident 562 Substitute Bill No. 981 |
---|
1157 | | - | |
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1158 | | - | |
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1162 | | - | |
---|
1163 | | - | trusts and estates and, wherever reference is made in this subsection to 563 |
---|
1164 | | - | residents of this state, such reference shall be construed to include 564 |
---|
1165 | | - | resident trusts and estates, provided any reference to a resident's 565 |
---|
1166 | | - | Connecticut adjusted gross income derived from sources without this 566 |
---|
1167 | | - | state or to a resident's Connecticut adjusted gross income shall be 567 |
---|
1168 | | - | construed, in the case of a resident trust or estate, to mean the resident 568 |
---|
1169 | | - | trust or estate's Connecticut taxable income derived from sources 569 |
---|
1170 | | - | without this state and the resident trust or estate's Connecticut taxable 570 |
---|
1171 | | - | income, respectively. 571 |
---|
1172 | | - | Sec. 7. Subparagraph (B) of subdivision (20) of subsection (a) of 572 |
---|
1173 | | - | section 12-701 of the general statutes is repealed and the following is 573 |
---|
1174 | | - | substituted in lieu thereof (Effective from passage and applicable to taxable 574 |
---|
1175 | | - | years commencing on or after January 1, 2023): 575 |
---|
1176 | | - | (B) There shall be subtracted therefrom: 576 |
---|
1177 | | - | (i) To the extent properly includable in gross income for federal 577 |
---|
1178 | | - | income tax purposes, any income with respect to which taxation by any 578 |
---|
1179 | | - | state is prohibited by federal law; 579 |
---|
1180 | | - | (ii) To the extent allowable under section 12-718, exempt dividends 580 |
---|
1181 | | - | paid by a regulated investment company; 581 |
---|
1182 | | - | (iii) To the extent properly includable in gross income for federal 582 |
---|
1183 | | - | income tax purposes, the amount of any refund or credit for 583 |
---|
1184 | | - | overpayment of income taxes imposed by this state, or any other state 584 |
---|
1185 | | - | of the United States or a political subdivision thereof, or the District of 585 |
---|
1186 | | - | Columbia; 586 |
---|
1187 | | - | (iv) To the extent properly includable in gross income for federal 587 |
---|
1188 | | - | income tax purposes and not otherwise subtracted from federal 588 |
---|
1189 | | - | adjusted gross income pursuant to clause (x) of this subparagraph in 589 |
---|
1190 | | - | computing Connecticut adjusted gross income, any tier 1 railroad 590 |
---|
1191 | | - | retirement benefits; 591 |
---|
1192 | | - | (v) To the extent any additional allowance for depreciation under 592 Substitute Bill No. 981 |
---|
1193 | | - | |
---|
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1197 | | - | 30 of 99 |
---|
1198 | | - | |
---|
1199 | | - | Section 168(k) of the Internal Revenue Code for property placed in 593 |
---|
1200 | | - | service after September 27, 2017, was added to federal adjusted gross 594 |
---|
1201 | | - | income pursuant to subparagraph (A)(ix) of this subdivision in 595 |
---|
1202 | | - | computing Connecticut adjusted gross income, twenty-five per cent of 596 |
---|
1203 | | - | such additional allowance for depreciation in each of the four 597 |
---|
1204 | | - | succeeding taxable years; 598 |
---|
1205 | | - | (vi) To the extent properly includable in gross income for federal 599 |
---|
1206 | | - | income tax purposes, any interest income from obligations issued by or 600 |
---|
1207 | | - | on behalf of the state of Connecticut, any political subdivision thereof, 601 |
---|
1208 | | - | or public instrumentality, state or local authority, district or similar 602 |
---|
1209 | | - | public entity created under the laws of the state of Connecticut; 603 |
---|
1210 | | - | (vii) To the extent properly includable in determining the net gain or 604 |
---|
1211 | | - | loss from the sale or other disposition of capital assets for federal income 605 |
---|
1212 | | - | tax purposes, any gain from the sale or exchange of obligations issued 606 |
---|
1213 | | - | by or on behalf of the state of Connecticut, any political subdivision 607 |
---|
1214 | | - | thereof, or public instrumentality, state or local authority, district or 608 |
---|
1215 | | - | similar public entity created under the laws of the state of Connecticut, 609 |
---|
1216 | | - | in the income year such gain was recognized; 610 |
---|
1217 | | - | (viii) Any interest on indebtedness incurred or continued to purchase 611 |
---|
1218 | | - | or carry obligations or securities the interest on which is subject to tax 612 |
---|
1219 | | - | under this chapter but exempt from federal income tax, to the extent that 613 |
---|
1220 | | - | such interest on indebtedness is not deductible in determining federal 614 |
---|
1221 | | - | adjusted gross income and is attributable to a trade or business carried 615 |
---|
1222 | | - | on by such individual; 616 |
---|
1223 | | - | (ix) Ordinary and necessary expenses paid or incurred during the 617 |
---|
1224 | | - | taxable year for the production or collection of income which is subject 618 |
---|
1225 | | - | to taxation under this chapter but exempt from federal income tax, or 619 |
---|
1226 | | - | the management, conservation or maintenance of property held for the 620 |
---|
1227 | | - | production of such income, and the amortizable bond premium for the 621 |
---|
1228 | | - | taxable year on any bond the interest on which is subject to tax under 622 |
---|
1229 | | - | this chapter but exempt from federal income tax, to the extent that such 623 |
---|
1230 | | - | expenses and premiums are not deductible in determining federal 624 Substitute Bill No. 981 |
---|
1231 | | - | |
---|
1232 | | - | |
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1235 | | - | 31 of 99 |
---|
1236 | | - | |
---|
1237 | | - | adjusted gross income and are attributable to a trade or business carried 625 |
---|
1238 | | - | on by such individual; 626 |
---|
1239 | | - | (x) (I) For taxable years commencing prior to January 1, 2019, for a 627 |
---|
1240 | | - | person who files a return under the federal income tax as an unmarried 628 |
---|
1241 | | - | individual whose federal adjusted gross income for such taxable year is 629 |
---|
1242 | | - | less than fifty thousand dollars, or as a married individual filing 630 |
---|
1243 | | - | separately whose federal adjusted gross income for such taxable year is 631 |
---|
1244 | | - | less than fifty thousand dollars, or for a husband and wife who file a 632 |
---|
1245 | | - | return under the federal income tax as married individuals filing jointly 633 |
---|
1246 | | - | whose federal adjusted gross income for such taxable year is less than 634 |
---|
1247 | | - | sixty thousand dollars or a person who files a return under the federal 635 |
---|
1248 | | - | income tax as a head of household whose federal adjusted gross income 636 |
---|
1249 | | - | for such taxable year is less than sixty thousand dollars, an amount 637 |
---|
1250 | | - | equal to the Social Security benefits includable for federal income tax 638 |
---|
1251 | | - | purposes; 639 |
---|
1252 | | - | (II) For taxable years commencing prior to January 1, 2019, for a 640 |
---|
1253 | | - | person who files a return under the federal income tax as an unmarried 641 |
---|
1254 | | - | individual whose federal adjusted gross income for such taxable year is 642 |
---|
1255 | | - | fifty thousand dollars or more, or as a married individual filing 643 |
---|
1256 | | - | separately whose federal adjusted gross income for such taxable year is 644 |
---|
1257 | | - | fifty thousand dollars or more, or for a husband and wife who file a 645 |
---|
1258 | | - | return under the federal income tax as married individuals filing jointly 646 |
---|
1259 | | - | whose federal adjusted gross income from such taxable year is sixty 647 |
---|
1260 | | - | thousand dollars or more or for a person who files a return under the 648 |
---|
1261 | | - | federal income tax as a head of household whose federal adjusted gross 649 |
---|
1262 | | - | income for such taxable year is sixty thousand dollars or more, an 650 |
---|
1263 | | - | amount equal to the difference between the amount of Social Security 651 |
---|
1264 | | - | benefits includable for federal income tax purposes and the lesser of 652 |
---|
1265 | | - | twenty-five per cent of the Social Security benefits received during the 653 |
---|
1266 | | - | taxable year, or twenty-five per cent of the excess described in Section 654 |
---|
1267 | | - | 86(b)(1) of the Internal Revenue Code; 655 |
---|
1268 | | - | (III) For the taxable year commencing January 1, 2019, and each 656 |
---|
1269 | | - | taxable year thereafter, for a person who files a return under the federal 657 Substitute Bill No. 981 |
---|
1270 | | - | |
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1274 | | - | 32 of 99 |
---|
1275 | | - | |
---|
1276 | | - | income tax as an unmarried individual whose federal adjusted gross 658 |
---|
1277 | | - | income for such taxable year is less than seventy-five thousand dollars, 659 |
---|
1278 | | - | or as a married individual filing separately whose federal adjusted gross 660 |
---|
1279 | | - | income for such taxable year is less than seventy-five thousand dollars, 661 |
---|
1280 | | - | or for a husband and wife who file a return under the federal income tax 662 |
---|
1281 | | - | as married individuals filing jointly whose federal adjusted gross 663 |
---|
1282 | | - | income for such taxable year is less than one hundred thousand dollars 664 |
---|
1283 | | - | or a person who files a return under the federal income tax as a head of 665 |
---|
1284 | | - | household whose federal adjusted gross income for such taxable year is 666 |
---|
1285 | | - | less than one hundred thousand dollars, an amount equal to the Social 667 |
---|
1286 | | - | Security benefits includable for federal income tax purposes; and 668 |
---|
1287 | | - | (IV) For the taxable year commencing January 1, 2019, and each 669 |
---|
1288 | | - | taxable year thereafter, for a person who files a return under the federal 670 |
---|
1289 | | - | income tax as an unmarried individual whose federal adjusted gross 671 |
---|
1290 | | - | income for such taxable year is seventy-five thousand dollars or more, 672 |
---|
1291 | | - | or as a married individual filing separately whose federal adjusted gross 673 |
---|
1292 | | - | income for such taxable year is seventy-five thousand dollars or more, 674 |
---|
1293 | | - | or for a husband and wife who file a return under the federal income tax 675 |
---|
1294 | | - | as married individuals filing jointly whose federal adjusted gross 676 |
---|
1295 | | - | income from such taxable year is one hundred thousand dollars or more 677 |
---|
1296 | | - | or for a person who files a return under the federal income tax as a head 678 |
---|
1297 | | - | of household whose federal adjusted gross income for such taxable year 679 |
---|
1298 | | - | is one hundred thousand dollars or more, an amount equal to the 680 |
---|
1299 | | - | difference between the amount of Social Security benefits includable for 681 |
---|
1300 | | - | federal income tax purposes and the lesser of twenty-five per cent of the 682 |
---|
1301 | | - | Social Security benefits received during the taxable year, or twenty-five 683 |
---|
1302 | | - | per cent of the excess described in Section 86(b)(1) of the Internal 684 |
---|
1303 | | - | Revenue Code; 685 |
---|
1304 | | - | (xi) To the extent properly includable in gross income for federal 686 |
---|
1305 | | - | income tax purposes, any amount rebated to a taxpayer pursuant to 687 |
---|
1306 | | - | section 12-746; 688 |
---|
1307 | | - | (xii) To the extent properly includable in the gross income for federal 689 |
---|
1308 | | - | income tax purposes of a designated beneficiary, any distribution to 690 Substitute Bill No. 981 |
---|
1309 | | - | |
---|
1310 | | - | |
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1313 | | - | 33 of 99 |
---|
1314 | | - | |
---|
1315 | | - | such beneficiary from any qualified state tuition program, as defined in 691 |
---|
1316 | | - | Section 529(b) of the Internal Revenue Code, established and 692 |
---|
1317 | | - | maintained by this state or any official, agency or instrumentality of the 693 |
---|
1318 | | - | state; 694 |
---|
1319 | | - | (xiii) To the extent allowable under section 12-701a, contributions to 695 |
---|
1320 | | - | accounts established pursuant to any qualified state tuition program, as 696 |
---|
1321 | | - | defined in Section 529(b) of the Internal Revenue Code, established and 697 |
---|
1322 | | - | maintained by this state or any official, agency or instrumentality of the 698 |
---|
1323 | | - | state; 699 |
---|
1324 | | - | (xiv) To the extent properly includable in gross income for federal 700 |
---|
1325 | | - | income tax purposes, the amount of any Holocaust victims' settlement 701 |
---|
1326 | | - | payment received in the taxable year by a Holocaust victim; 702 |
---|
1327 | | - | (xv) To the extent properly includable in gross income for federal 703 |
---|
1328 | | - | income tax purposes of an account holder, as defined in section 31-704 |
---|
1329 | | - | 51ww, interest earned on funds deposited in the individual 705 |
---|
1330 | | - | development account, as defined in section 31-51ww, of such account 706 |
---|
1331 | | - | holder; 707 |
---|
1332 | | - | (xvi) To the extent properly includable in the gross income for federal 708 |
---|
1333 | | - | income tax purposes of a designated beneficiary, as defined in section 709 |
---|
1334 | | - | 3-123aa, interest, dividends or capital gains earned on contributions to 710 |
---|
1335 | | - | accounts established for the designated beneficiary pursuant to the 711 |
---|
1336 | | - | Connecticut Homecare Option Program for the Elderly established by 712 |
---|
1337 | | - | sections 3-123aa to 3-123ff, inclusive; 713 |
---|
1338 | | - | (xvii) To the extent properly includable in gross income for federal 714 |
---|
1339 | | - | income tax purposes, any income received from the United States 715 |
---|
1340 | | - | government as retirement pay for a retired member of (I) the Armed 716 |
---|
1341 | | - | Forces of the United States, as defined in Section 101 of Title 10 of the 717 |
---|
1342 | | - | United States Code, or (II) the National Guard, as defined in Section 101 718 |
---|
1343 | | - | of Title 10 of the United States Code; 719 |
---|
1344 | | - | (xviii) To the extent properly includable in gross income for federal 720 |
---|
1345 | | - | income tax purposes for the taxable year, any income from the discharge 721 Substitute Bill No. 981 |
---|
1346 | | - | |
---|
1347 | | - | |
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1350 | | - | 34 of 99 |
---|
1351 | | - | |
---|
1352 | | - | of indebtedness in connection with any reacquisition, after December 722 |
---|
1353 | | - | 31, 2008, and before January 1, 2011, of an applicable debt instrument or 723 |
---|
1354 | | - | instruments, as those terms are defined in Section 108 of the Internal 724 |
---|
1355 | | - | Revenue Code, as amended by Section 1231 of the American Recovery 725 |
---|
1356 | | - | and Reinvestment Act of 2009, to the extent any such income was added 726 |
---|
1357 | | - | to federal adjusted gross income pursuant to subparagraph (A)(xi) of 727 |
---|
1358 | | - | this subdivision in computing Connecticut adjusted gross income for a 728 |
---|
1359 | | - | preceding taxable year; 729 |
---|
1360 | | - | (xix) To the extent not deductible in determining federal adjusted 730 |
---|
1361 | | - | gross income, the amount of any contribution to a manufacturing 731 |
---|
1362 | | - | reinvestment account established pursuant to section 32-9zz in the 732 |
---|
1363 | | - | taxable year that such contribution is made; 733 |
---|
1364 | | - | (xx) To the extent properly includable in gross income for federal 734 |
---|
1365 | | - | income tax purposes, (I) for the taxable year commencing January 1, 735 |
---|
1366 | | - | 2015, ten per cent of the income received from the state teachers' 736 |
---|
1367 | | - | retirement system, (II) for the taxable years commencing January 1, 737 |
---|
1368 | | - | 2016, to January 1, 2020, inclusive, twenty-five per cent of the income 738 |
---|
1369 | | - | received from the state teachers' retirement system, and (III) for the 739 |
---|
1370 | | - | taxable year commencing January 1, 2021, and each taxable year 740 |
---|
1371 | | - | thereafter, fifty per cent of the income received from the state teachers' 741 |
---|
1372 | | - | retirement system or, for a taxpayer whose federal adjusted gross 742 |
---|
1373 | | - | income does not exceed the applicable threshold under clause (xxi) of 743 |
---|
1374 | | - | this subparagraph, the percentage pursuant to said clause of the income 744 |
---|
1375 | | - | received from the state teachers' retirement system, whichever 745 |
---|
1376 | | - | deduction is greater; 746 |
---|
1377 | | - | (xxi) To the extent properly includable in gross income for federal 747 |
---|
1378 | | - | income tax purposes, except for retirement benefits under clause (iv) of 748 |
---|
1379 | | - | this subparagraph and retirement pay under clause (xvii) of this 749 |
---|
1380 | | - | subparagraph, for a person who files a return under the federal income 750 |
---|
1381 | | - | tax as an unmarried individual whose federal adjusted gross income for 751 |
---|
1382 | | - | such taxable year is less than seventy-five thousand dollars, or as a 752 |
---|
1383 | | - | married individual filing separately whose federal adjusted gross 753 |
---|
1384 | | - | income for such taxable year is less than seventy-five thousand dollars, 754 Substitute Bill No. 981 |
---|
1385 | | - | |
---|
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1389 | | - | 35 of 99 |
---|
1390 | | - | |
---|
1391 | | - | or as a head of household whose federal adjusted gross income for such 755 |
---|
1392 | | - | taxable year is less than seventy-five thousand dollars, or for a husband 756 |
---|
1393 | | - | and wife who file a return under the federal income tax as married 757 |
---|
1394 | | - | individuals filing jointly whose federal adjusted gross income for such 758 |
---|
1395 | | - | taxable year is less than one hundred thousand dollars, (I) for the taxable 759 |
---|
1396 | | - | year commencing January 1, 2019, fourteen per cent of any pension or 760 |
---|
1397 | | - | annuity income, (II) for the taxable year commencing January 1, 2020, 761 |
---|
1398 | | - | twenty-eight per cent of any pension or annuity income, (III) for the 762 |
---|
1399 | | - | taxable year commencing January 1, 2021, forty-two per cent of any 763 |
---|
1400 | | - | pension or annuity income, and (IV) for the taxable year commencing 764 |
---|
1401 | | - | January 1, 2022, [and each taxable year thereafter,] one hundred per cent 765 |
---|
1402 | | - | of any pension or annuity income; 766 |
---|
1403 | | - | (xxii) To the extent properly includable in gross income for federal 767 |
---|
1404 | | - | income tax purposes, except for retirement benefits under clause (iv) of 768 |
---|
1405 | | - | this subparagraph and retirement pay under clause (xvii) of this 769 |
---|
1406 | | - | subparagraph, any pension or annuity income for the taxable year 770 |
---|
1407 | | - | commencing on or after January 1, 2023, and each taxable year 771 |
---|
1408 | | - | thereafter, in accordance with the following schedule, for a person who 772 |
---|
1409 | | - | files a return under the federal income tax as an unmarried individual 773 |
---|
1410 | | - | whose federal adjusted gross income for such taxable year is less than 774 |
---|
1411 | | - | one hundred thousand dollars, or as a married individual filing 775 |
---|
1412 | | - | separately whose federal adjusted gross income for such taxable year is 776 |
---|
1413 | | - | less than one hundred thousand dollars, or as a head of household 777 |
---|
1414 | | - | whose federal adjusted gross income for such taxable year is less than 778 |
---|
1415 | | - | one hundred thousand dollars: 779 |
---|
1416 | | - | T245 |
---|
1417 | | - | Federal Adjusted Gross Income Deduction |
---|
1418 | | - | T246 |
---|
1419 | | - | Less than $75,000 100.0% |
---|
1420 | | - | T247 |
---|
1421 | | - | $75,000 but not over $77,499 85.0% |
---|
1422 | | - | T248 |
---|
1423 | | - | $77,500 but not over $79,999 70.0% |
---|
1424 | | - | T249 |
---|
1425 | | - | $80,000 but not over $82,499 55.0% |
---|
1426 | | - | T250 |
---|
1427 | | - | $82,500 but not over $84,999 40.0% |
---|
1428 | | - | T251 |
---|
1429 | | - | $85,000 but not over $87,499 25.0% |
---|
1430 | | - | T252 $87,500 but not over $89,999 10.0% Substitute Bill No. 981 |
---|
1431 | | - | |
---|
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1436 | | - | |
---|
1437 | | - | T253 |
---|
1438 | | - | $90,000 but not over $94,999 5.0% |
---|
1439 | | - | T254 |
---|
1440 | | - | $95,000 but not over $99,999 2.5% |
---|
1441 | | - | T255 |
---|
1442 | | - | $100,000 and over 0.0% |
---|
1443 | | - | |
---|
1444 | | - | (xxiii) To the extent properly includable in gross income for federal 780 |
---|
1445 | | - | income tax purposes, except for retirement benefits under clause (iv) of 781 |
---|
1446 | | - | this subparagraph and retirement pay under clause (xvii) of this 782 |
---|
1447 | | - | subparagraph, any pension or annuity income for the taxable year 783 |
---|
1448 | | - | commencing on or after January 1, 2023, and each taxable year 784 |
---|
1449 | | - | thereafter, in accordance with the following schedule for married 785 |
---|
1450 | | - | individuals who file a return under the federal income tax as married 786 |
---|
1451 | | - | individuals filing jointly whose federal adjusted gross income for such 787 |
---|
1452 | | - | taxable year is less than one hundred fifty thousand dollars: 788 |
---|
1453 | | - | T256 |
---|
1454 | | - | Federal Adjusted Gross Income Deduction |
---|
1455 | | - | T257 |
---|
1456 | | - | Less than $100,000 100.0% |
---|
1457 | | - | T258 |
---|
1458 | | - | $100,000 but not over $104,999 85.0% |
---|
1459 | | - | T259 |
---|
1460 | | - | $105,000 but not over $109,999 70.0% |
---|
1461 | | - | T260 $110,000 but not over $114,999 55.0% |
---|
1462 | | - | T261 |
---|
1463 | | - | $115,000 but not over $119,999 40.0% |
---|
1464 | | - | T262 |
---|
1465 | | - | $120,000 but not over $124,999 25.0% |
---|
1466 | | - | T263 |
---|
1467 | | - | $125,000 but not over $129,999 10.0% |
---|
1468 | | - | T264 |
---|
1469 | | - | $130,000 but not over $139,999 5.0% |
---|
1470 | | - | T265 |
---|
1471 | | - | $140,000 but not over $149,999 2.5% |
---|
1472 | | - | T266 |
---|
1473 | | - | $150,000 and over 0.0% |
---|
1474 | | - | |
---|
1475 | | - | [(xxii)] (xxiv) The amount of lost wages and medical, travel and 789 |
---|
1476 | | - | housing expenses, not to exceed ten thousand dollars in the aggregate, 790 |
---|
1477 | | - | incurred by a taxpayer during the taxable year in connection with the 791 |
---|
1478 | | - | donation to another person of an organ for organ transplantation 792 |
---|
1479 | | - | occurring on or after January 1, 2017; 793 |
---|
1480 | | - | [(xxiii)] (xxv) To the extent properly includable in gross income for 794 Substitute Bill No. 981 |
---|
1481 | | - | |
---|
1482 | | - | |
---|
1483 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1484 | | - | 00981-R01-SB.docx } |
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1485 | | - | 37 of 99 |
---|
1486 | | - | |
---|
1487 | | - | federal income tax purposes, the amount of any financial assistance 795 |
---|
1488 | | - | received from the Crumbling Foundations Assistance Fund or paid to 796 |
---|
1489 | | - | or on behalf of the owner of a residential building pursuant to sections 797 |
---|
1490 | | - | 8-442 and 8-443; 798 |
---|
1491 | | - | [(xxiv)] (xxvi) To the extent properly includable in gross income for 799 |
---|
1492 | | - | federal income tax purposes, the amount calculated pursuant to 800 |
---|
1493 | | - | subsection (b) of section 12-704g for income received by a general 801 |
---|
1494 | | - | partner of a venture capital fund, as defined in 17 CFR 275.203(l)-1, as 802 |
---|
1495 | | - | amended from time to time; 803 |
---|
1496 | | - | [(xxv)] (xxvii) To the extent any portion of a deduction under Section 804 |
---|
1497 | | - | 179 of the Internal Revenue Code was added to federal adjusted gross 805 |
---|
1498 | | - | income pursuant to subparagraph (A)(xiv) of this subdivision in 806 |
---|
1499 | | - | computing Connecticut adjusted gross income, twenty-five per cent of 807 |
---|
1500 | | - | such disallowed portion of the deduction in each of the four succeeding 808 |
---|
1501 | | - | taxable years; 809 |
---|
1502 | | - | [(xxvi)] (xxviii) To the extent properly includable in gross income for 810 |
---|
1503 | | - | federal income tax purposes, for a person who files a return under the 811 |
---|
1504 | | - | federal income tax as an unmarried individual whose federal adjusted 812 |
---|
1505 | | - | gross income for such taxable year is less than [seventy-five] one 813 |
---|
1506 | | - | hundred thousand dollars, or as a married individual filing separately 814 |
---|
1507 | | - | whose federal adjusted gross income for such taxable year is less than 815 |
---|
1508 | | - | [seventy-five] one hundred thousand dollars, or as a head of household 816 |
---|
1509 | | - | whose federal adjusted gross income for such taxable year is less than 817 |
---|
1510 | | - | [seventy-five] one hundred thousand dollars, [or for a husband and wife 818 |
---|
1511 | | - | who file a return under the federal income tax as married individuals 819 |
---|
1512 | | - | filing jointly whose federal adjusted gross income for such taxable year 820 |
---|
1513 | | - | is less than one hundred thousand dollars,] (I) for the taxable year 821 |
---|
1514 | | - | commencing January 1, 2023, twenty-five per cent of any distribution 822 |
---|
1515 | | - | from an individual retirement account other than a Roth individual 823 |
---|
1516 | | - | retirement account, (II) for the taxable year commencing January 1, 2024, 824 |
---|
1517 | | - | fifty per cent of any distribution from an individual retirement account 825 |
---|
1518 | | - | other than a Roth individual retirement account, (III) for the taxable year 826 |
---|
1519 | | - | commencing January 1, 2025, seventy-five per cent of any distribution 827 Substitute Bill No. 981 |
---|
1520 | | - | |
---|
1521 | | - | |
---|
1522 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1523 | | - | 00981-R01-SB.docx } |
---|
1524 | | - | 38 of 99 |
---|
1525 | | - | |
---|
1526 | | - | from an individual retirement account other than a Roth individual 828 |
---|
1527 | | - | retirement account, and (IV) for the taxable year commencing January 829 |
---|
1528 | | - | 1, 2026, and each taxable year thereafter, any distribution from an 830 |
---|
1529 | | - | individual retirement account other than a Roth individual retirement 831 |
---|
1530 | | - | account. [; and] The subtraction under this clause shall be made in 832 |
---|
1531 | | - | accordance with the following schedule: 833 |
---|
1532 | | - | T267 |
---|
1533 | | - | Federal Adjusted Gross Income Deduction |
---|
1534 | | - | T268 |
---|
1535 | | - | Less than $75,000 100.0% |
---|
1536 | | - | T269 $75,000 but not over $77,499 85.0% |
---|
1537 | | - | T270 $77,500 but not over $79,999 70.0% |
---|
1538 | | - | T271 |
---|
1539 | | - | $80,000 but not over $82,499 55.0% |
---|
1540 | | - | T272 |
---|
1541 | | - | $82,500 but not over $84,999 40.0% |
---|
1542 | | - | T273 |
---|
1543 | | - | $85,000 but not over $87,499 25.0% |
---|
1544 | | - | T274 |
---|
1545 | | - | $87,500 but not over $89,999 10.0% |
---|
1546 | | - | T275 |
---|
1547 | | - | $90,000 but not over $94,999 5.0% |
---|
1548 | | - | T276 |
---|
1549 | | - | $95,000 but not over $99,999 2.5% |
---|
1550 | | - | T277 |
---|
1551 | | - | $100,000 and over 0.0% |
---|
1552 | | - | |
---|
1553 | | - | (xxix) To the extent properly includable in gross income for federal 834 |
---|
1554 | | - | income tax purposes, for married individuals who file a return under 835 |
---|
1555 | | - | the federal income tax as married individuals filing jointly whose 836 |
---|
1556 | | - | federal adjusted gross income for such taxable year is less than one 837 |
---|
1557 | | - | hundred fifty thousand dollars, (I) for the taxable year commencing 838 |
---|
1558 | | - | January 1, 2023, twenty-five per cent of any distribution from an 839 |
---|
1559 | | - | individual retirement account other than a Roth individual retirement 840 |
---|
1560 | | - | account, (II) for the taxable year commencing January 1, 2024, fifty per 841 |
---|
1561 | | - | cent of any distribution from an individual retirement account other 842 |
---|
1562 | | - | than a Roth individual retirement account, (III) for the taxable year 843 |
---|
1563 | | - | commencing January 1, 2025, seventy-five per cent of any distribution 844 |
---|
1564 | | - | from an individual retirement account other than a Roth individual 845 |
---|
1565 | | - | retirement account, and (IV) for the taxable year commencing January 846 |
---|
1566 | | - | 1, 2026, and each taxable year thereafter, any distribution from an 847 |
---|
1567 | | - | individual retirement account other than a Roth individual retirement 848 Substitute Bill No. 981 |
---|
1568 | | - | |
---|
1569 | | - | |
---|
1570 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1571 | | - | 00981-R01-SB.docx } |
---|
1572 | | - | 39 of 99 |
---|
1573 | | - | |
---|
1574 | | - | account. The subtraction under this clause shall be made in accordance 849 |
---|
1575 | | - | with the following schedule: 850 |
---|
1576 | | - | T278 |
---|
1577 | | - | Federal Adjusted Gross Income Deduction |
---|
1578 | | - | T279 |
---|
1579 | | - | Less than $100,000 100.0% |
---|
1580 | | - | T280 |
---|
1581 | | - | $100,000 but not over $104,999 85.0% |
---|
1582 | | - | T281 |
---|
1583 | | - | $105,000 but not over $109,999 70.0% |
---|
1584 | | - | T282 |
---|
1585 | | - | $110,000 but not over $114,999 55.0% |
---|
1586 | | - | T283 |
---|
1587 | | - | $115,000 but not over $119,999 40.0% |
---|
1588 | | - | T284 $120,000 but not over $124,999 25.0% |
---|
1589 | | - | T285 $125,000 but not over $129,999 10.0% |
---|
1590 | | - | T286 |
---|
1591 | | - | $130,000 but not over $139,999 5.0% |
---|
1592 | | - | T287 |
---|
1593 | | - | $140,000 but not over $149,999 2.5% |
---|
1594 | | - | T288 |
---|
1595 | | - | $150,000 and over 0.0% |
---|
1596 | | - | |
---|
1597 | | - | [(xxvii)] (xxx) To the extent properly includable in gross income for 851 |
---|
1598 | | - | federal income tax purposes, for the taxable year commencing January 852 |
---|
1599 | | - | 1, 2022, the amount or amounts paid or otherwise credited to any 853 |
---|
1600 | | - | eligible resident of this state under (I) the 2020 Earned Income Tax 854 |
---|
1601 | | - | Credit enhancement program from funding allocated to the state 855 |
---|
1602 | | - | through the Coronavirus Relief Fund established under the Coronavirus 856 |
---|
1603 | | - | Aid, Relief, and Economic Security Act, P.L. 116-136, and (II) the 2021 857 |
---|
1604 | | - | Earned Income Tax Credit enhancement program from funding 858 |
---|
1605 | | - | allocated to the state pursuant to Section 9901 of Subtitle M of Title IX of 859 |
---|
1606 | | - | the American Rescue Plan Act of 2021, P.L. 117-2; 860 |
---|
1607 | | - | (xxxi) For a taxpayer licensed under the provisions of chapter 420f or 861 |
---|
1608 | | - | 420h, the amount of the expenditures that would be eligible to be 862 |
---|
1609 | | - | claimed as a deduction for federal income tax purposes but that are 863 |
---|
1610 | | - | disallowed under Section 280E of the Internal Revenue Code because 864 |
---|
1611 | | - | marijuana is a controlled substance under the federal Controlled 865 |
---|
1612 | | - | Substance Act. 866 |
---|
1613 | | - | Sec. 8. Section 12-217 of the general statutes is repealed and the 867 Substitute Bill No. 981 |
---|
1614 | | - | |
---|
1615 | | - | |
---|
1616 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1617 | | - | 00981-R01-SB.docx } |
---|
1618 | | - | 40 of 99 |
---|
1619 | | - | |
---|
1620 | | - | following is substituted in lieu thereof (Effective from passage and 868 |
---|
1621 | | - | applicable to income years commencing on or after January 1, 2023): 869 |
---|
1622 | | - | (a) (1) In arriving at net income as defined in section 12-213, whether 870 |
---|
1623 | | - | or not the taxpayer is taxable under the federal corporation net income 871 |
---|
1624 | | - | tax, there shall be deducted from gross income: [,] 872 |
---|
1625 | | - | (A) [all] All items deductible under the Internal Revenue Code 873 |
---|
1626 | | - | effective and in force on the last day of the income year, except (i) any 874 |
---|
1627 | | - | taxes imposed under the provisions of this chapter [which] that are paid 875 |
---|
1628 | | - | or accrued in the income year and in the income year commencing 876 |
---|
1629 | | - | January 1, 1989, and thereafter, any taxes in any state of the United 877 |
---|
1630 | | - | States or any political subdivision of such state, or the District of 878 |
---|
1631 | | - | Columbia, imposed on or measured by the income or profits of a 879 |
---|
1632 | | - | corporation [which] that are paid or accrued in the income year, (ii) 880 |
---|
1633 | | - | deductions for depreciation, which shall be allowed as provided in 881 |
---|
1634 | | - | subsection (b) of this section, (iii) deductions for qualified domestic 882 |
---|
1635 | | - | production activities income, as provided in Section 199 of the Internal 883 |
---|
1636 | | - | Revenue Code, and (iv) in the case of any captive real estate investment 884 |
---|
1637 | | - | trust, the deduction for dividends paid provided under Section 857(b)(2) 885 |
---|
1638 | | - | of the Internal Revenue Code; [,] and 886 |
---|
1639 | | - | (B) [additionally] Additionally, in the case of a regulated investment 887 |
---|
1640 | | - | company, the sum of (i) the exempt-interest dividends, as defined in the 888 |
---|
1641 | | - | Internal Revenue Code, and (ii) expenses, bond premium, and interest 889 |
---|
1642 | | - | related to tax-exempt income that are disallowed as deductions under 890 |
---|
1643 | | - | the Internal Revenue Code; [,] and 891 |
---|
1644 | | - | (C) [in] In the case of a taxpayer maintaining an international banking 892 |
---|
1645 | | - | facility as defined in the laws of the United States or the regulations of 893 |
---|
1646 | | - | the Board of Governors of the Federal Reserve System, as either may be 894 |
---|
1647 | | - | amended from time to time, the gross income attributable to the 895 |
---|
1648 | | - | international banking facility, provided [,] no expense or loss 896 |
---|
1649 | | - | attributable to the international banking facility shall be a deduction 897 |
---|
1650 | | - | under any provision of this section; [,] and 898 Substitute Bill No. 981 |
---|
1651 | | - | |
---|
1652 | | - | |
---|
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1654 | | - | 00981-R01-SB.docx } |
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1655 | | - | 41 of 99 |
---|
1656 | | - | |
---|
1657 | | - | (D) [additionally] Additionally, in the case of all taxpayers, all 899 |
---|
1658 | | - | dividends as defined in the Internal Revenue Code effective and in force 900 |
---|
1659 | | - | on the last day of the income year not otherwise deducted from gross 901 |
---|
1660 | | - | income, including dividends received from a DISC or former DISC as 902 |
---|
1661 | | - | defined in Section 992 of the Internal Revenue Code and dividends 903 |
---|
1662 | | - | deemed to have been distributed by a DISC or former DISC as provided 904 |
---|
1663 | | - | in Section 995 of said Internal Revenue Code, other than thirty per cent 905 |
---|
1664 | | - | of dividends received from a domestic corporation in which the 906 |
---|
1665 | | - | taxpayer owns less than twenty per cent of the total voting power and 907 |
---|
1666 | | - | value of the stock of such corporation; [,] and 908 |
---|
1667 | | - | (E) [additionally] Additionally, in the case of all taxpayers, the value 909 |
---|
1668 | | - | of any capital gain realized from the sale of any land, or interest in land, 910 |
---|
1669 | | - | to the state, any political subdivision of the state, or to any nonprofit 911 |
---|
1670 | | - | land conservation organization where such land is to be permanently 912 |
---|
1671 | | - | preserved as protected open space or to a water company, as defined in 913 |
---|
1672 | | - | section 25-32a, where such land is to be permanently preserved as 914 |
---|
1673 | | - | protected open space or as Class I or Class II water company land; [,] 915 |
---|
1674 | | - | and 916 |
---|
1675 | | - | (F) [in] In the case of [manufacturers] a manufacturer, the amount of 917 |
---|
1676 | | - | any contribution to a manufacturing reinvestment account established 918 |
---|
1677 | | - | pursuant to section 32-9zz in the income year that such contribution is 919 |
---|
1678 | | - | made to the extent not deductible for federal income tax purposes; [,] 920 |
---|
1679 | | - | and 921 |
---|
1680 | | - | (G) [the] The amount of any contribution made on or after December 922 |
---|
1681 | | - | 23, 2017, by the state of Connecticut or a political subdivision thereof to 923 |
---|
1682 | | - | the extent included in a company's gross income under Section 118(b)(2) 924 |
---|
1683 | | - | of the Internal Revenue Code; and 925 |
---|
1684 | | - | (H) In the case of a taxpayer licensed under the provisions of chapter 926 |
---|
1685 | | - | 420f or 420h, the amount of the expenditures that would be eligible to 927 |
---|
1686 | | - | be claimed as a deduction for federal income tax purposes but that are 928 |
---|
1687 | | - | disallowed under Section 280E of the Internal Revenue Code because 929 |
---|
1688 | | - | marijuana is a controlled substance under the federal Controlled 930 Substitute Bill No. 981 |
---|
1689 | | - | |
---|
1690 | | - | |
---|
1691 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1692 | | - | 00981-R01-SB.docx } |
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1693 | | - | 42 of 99 |
---|
1694 | | - | |
---|
1695 | | - | Substance Act. 931 |
---|
1696 | | - | (2) (A) No deduction shall be allowed for (i) expenses related to 932 |
---|
1697 | | - | dividends that are allowable as a deduction or credit under the Internal 933 |
---|
1698 | | - | Revenue Code, and (ii) federal taxes on income or profits, losses of other 934 |
---|
1699 | | - | calendar or fiscal years, retroactive to include all calendar or fiscal years 935 |
---|
1700 | | - | beginning after January 1, 1935, interest received from federal, state and 936 |
---|
1701 | | - | local government securities, if any such deductions are allowed by the 937 |
---|
1702 | | - | federal government. 938 |
---|
1703 | | - | (B) For purposes of this subdivision, expenses related to dividends 939 |
---|
1704 | | - | shall equal five per cent of all dividends received by a company during 940 |
---|
1705 | | - | an income year. The net income associated with the disallowance of 941 |
---|
1706 | | - | expenses related to dividends shall be apportioned, if the company 942 |
---|
1707 | | - | conducts business within and without the state or is required to 943 |
---|
1708 | | - | apportion its income under section 12-218b, in accordance with this 944 |
---|
1709 | | - | chapter. 945 |
---|
1710 | | - | (3) Notwithstanding any provision of this section to the contrary, no 946 |
---|
1711 | | - | dividend received from a real estate investment trust shall be deductible 947 |
---|
1712 | | - | under this section by the recipient unless the dividend is: (A) Deductible 948 |
---|
1713 | | - | under Section 243 of the Internal Revenue Code; (B) received by a 949 |
---|
1714 | | - | qualified dividend recipient from a qualified real estate investment trust 950 |
---|
1715 | | - | and, as of the last day of the period for which such dividend is paid, 951 |
---|
1716 | | - | persons, not including the qualified dividend recipient or any person 952 |
---|
1717 | | - | that is either a related person to, or an employee or director of, the 953 |
---|
1718 | | - | qualified dividend recipient, have outstanding cash capital 954 |
---|
1719 | | - | contributions to the qualified real estate investment trust that, in the 955 |
---|
1720 | | - | aggregate, exceed five per cent of the fair market value of the aggregate 956 |
---|
1721 | | - | real estate assets, valued as of the last day of the period for which such 957 |
---|
1722 | | - | dividend is paid, then held by the qualified real estate investment trust; 958 |
---|
1723 | | - | or (C) received from a captive real estate investment trust that is subject 959 |
---|
1724 | | - | to the tax imposed under this chapter. For purposes of this section, 960 |
---|
1725 | | - | "related person" has the same meaning as provided in section 12-217ii, 961 |
---|
1726 | | - | "real estate assets" has the same meaning as provided in Section 856 of 962 |
---|
1727 | | - | the Internal Revenue Code, "qualified dividend recipient" means a 963 Substitute Bill No. 981 |
---|
1728 | | - | |
---|
1729 | | - | |
---|
1730 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1731 | | - | 00981-R01-SB.docx } |
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1732 | | - | 43 of 99 |
---|
1733 | | - | |
---|
1734 | | - | dividend recipient who has invested in a qualified real estate investment 964 |
---|
1735 | | - | trust prior to April 1, 1997, and "qualified real estate investment trust" 965 |
---|
1736 | | - | means an entity that both was incorporated and had contributed to it a 966 |
---|
1737 | | - | minimum of five hundred million dollars' worth of real estate assets 967 |
---|
1738 | | - | prior to April 1, 1997, and that elects to be a real estate investment trust 968 |
---|
1739 | | - | under Section 856 of the Internal Revenue Code prior to April 1, 1998. 969 |
---|
1740 | | - | (4) Notwithstanding any provision of this section: [to the contrary,] 970 |
---|
1741 | | - | (A) [any] Any excess of the deductions provided in this section for 971 |
---|
1742 | | - | any income year commencing on or after January 1, 1973, over the gross 972 |
---|
1743 | | - | income for such year or the amount of such excess apportioned to this 973 |
---|
1744 | | - | state under the provisions of this chapter, shall be an operating loss of 974 |
---|
1745 | | - | such income year and shall be deductible as an operating loss carry-over 975 |
---|
1746 | | - | for operating losses incurred prior to income years commencing January 976 |
---|
1747 | | - | 1, 2000, in each of the five income years following such loss year, and 977 |
---|
1748 | | - | for operating losses incurred in income years commencing on or after 978 |
---|
1749 | | - | January 1, 2000, in each of the twenty income years following such loss 979 |
---|
1750 | | - | year, except that: 980 |
---|
1751 | | - | (i) [for] For income years commencing prior to January 1, 2015, the 981 |
---|
1752 | | - | portion of such operating loss [which] that may be deducted as an 982 |
---|
1753 | | - | operating loss carry-over in any income year following such loss year 983 |
---|
1754 | | - | shall be limited to the lesser of (I) any net income greater than zero of 984 |
---|
1755 | | - | such income year following such loss year, or in the case of a company 985 |
---|
1756 | | - | entitled to apportion its net income under the provisions of this chapter, 986 |
---|
1757 | | - | the amount of such net income [which] that is apportioned to this state 987 |
---|
1758 | | - | pursuant thereto, or (II) the excess, if any, of such operating loss over 988 |
---|
1759 | | - | the total of such net income for each of any prior income years following 989 |
---|
1760 | | - | such loss year, such net income of each of such prior income years 990 |
---|
1761 | | - | following such loss year for such purposes being computed without 991 |
---|
1762 | | - | regard to any operating loss carry-over from such loss year allowed 992 |
---|
1763 | | - | under this subparagraph and being regarded as not less than zero, and 993 |
---|
1764 | | - | provided further the operating loss of any income year shall be 994 |
---|
1765 | | - | deducted in any subsequent year, to the extent available for such 995 |
---|
1766 | | - | deduction, before the operating loss of any subsequent income year is 996 Substitute Bill No. 981 |
---|
1767 | | - | |
---|
1768 | | - | |
---|
1769 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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1770 | | - | 00981-R01-SB.docx } |
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1771 | | - | 44 of 99 |
---|
1772 | | - | |
---|
1773 | | - | deducted; [,] 997 |
---|
1774 | | - | (ii) [for] For income years commencing on or after January 1, 2015, 998 |
---|
1775 | | - | the portion of such operating loss [which] that may be deducted as an 999 |
---|
1776 | | - | operating loss carry-over in any income year following such loss year 1000 |
---|
1777 | | - | shall be limited to the lesser of (I) fifty per cent of net income of such 1001 |
---|
1778 | | - | income year following such loss year, or in the case of a company 1002 |
---|
1779 | | - | entitled to apportion its net income under the provisions of this chapter, 1003 |
---|
1780 | | - | fifty per cent of such net income [which] that is apportioned to this state 1004 |
---|
1781 | | - | pursuant thereto, or (II) the excess, if any, of such operating loss over 1005 |
---|
1782 | | - | the operating loss deductions allowable with respect to such operating 1006 |
---|
1783 | | - | loss under this subparagraph for each of any prior income years 1007 |
---|
1784 | | - | following such loss year, such net income of each of such prior income 1008 |
---|
1785 | | - | years following such loss year for such purposes being computed 1009 |
---|
1786 | | - | without regard to any operating loss carry-over from such loss year 1010 |
---|
1787 | | - | allowed under this subparagraph and being regarded as not less than 1011 |
---|
1788 | | - | zero, and provided further the operating loss of any income year shall 1012 |
---|
1789 | | - | be deducted in any subsequent year, to the extent available for such 1013 |
---|
1790 | | - | deduction, before the operating loss of any subsequent income year is 1014 |
---|
1791 | | - | deducted; [,] and 1015 |
---|
1792 | | - | (iii) [if] If a combined group so elects, the combined group shall 1016 |
---|
1793 | | - | relinquish fifty per cent of its unused operating losses incurred prior to 1017 |
---|
1794 | | - | the income year commencing on or after January 1, 2015, and before 1018 |
---|
1795 | | - | January 1, 2016, and may utilize the remaining operating loss carry-over 1019 |
---|
1796 | | - | without regard to the limitations prescribed in subparagraph (A)(ii) of 1020 |
---|
1797 | | - | this subdivision. The portion of such operating loss carry-over that may 1021 |
---|
1798 | | - | be deducted shall be limited to the amount required to reduce a 1022 |
---|
1799 | | - | combined group's tax under this chapter, prior to surtax and prior to the 1023 |
---|
1800 | | - | application of credits, to two million five hundred thousand dollars in 1024 |
---|
1801 | | - | any income year commencing on or after January 1, 2015. Only after the 1025 |
---|
1802 | | - | combined group's remaining operating loss carry-over for operating 1026 |
---|
1803 | | - | losses incurred prior to income years commencing January 1, 2015, has 1027 |
---|
1804 | | - | been fully utilized, will the limitations prescribed in subparagraph 1028 |
---|
1805 | | - | (A)(ii) of this subdivision apply. The combined group, or any member 1029 Substitute Bill No. 981 |
---|
1806 | | - | |
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1807 | | - | |
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1810 | | - | 45 of 99 |
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1811 | | - | |
---|
1812 | | - | thereof, shall make such election on its return for the income year 1030 |
---|
1813 | | - | beginning on or after January 1, 2015, and before January 1, 2016, by the 1031 |
---|
1814 | | - | due date for such return, including any extensions. Only combined 1032 |
---|
1815 | | - | groups with unused operating losses in excess of six billion dollars from 1033 |
---|
1816 | | - | income years beginning prior to January 1, 2013, may make the election 1034 |
---|
1817 | | - | prescribed in this clause; [,] and 1035 |
---|
1818 | | - | (B) [any] Any net capital loss, as defined in the Internal Revenue Code 1036 |
---|
1819 | | - | effective and in force on the last day of the income year, for any income 1037 |
---|
1820 | | - | year commencing on or after January 1, 1973, shall be allowed as a 1038 |
---|
1821 | | - | capital loss carry-over to reduce, but not below zero, any net capital 1039 |
---|
1822 | | - | gain, as so defined, in each of the five following income years, in order 1040 |
---|
1823 | | - | of sequence, to the extent not exhausted by the net capital gain of any of 1041 |
---|
1824 | | - | the preceding of such five following income years; [,] and 1042 |
---|
1825 | | - | (C) [any] Any net capital losses allowed and carried forward from 1043 |
---|
1826 | | - | prior years to income years beginning on or after January 1, 1973, for 1044 |
---|
1827 | | - | federal income tax purposes by companies entitled to a deduction for 1045 |
---|
1828 | | - | dividends paid under the Internal Revenue Code other than companies 1046 |
---|
1829 | | - | subject to the gross earnings taxes imposed under chapters 211 and 212, 1047 |
---|
1830 | | - | shall be allowed as a capital loss carry-over. 1048 |
---|
1831 | | - | (5) This section shall not apply to a life insurance company as defined 1049 |
---|
1832 | | - | in the Internal Revenue Code effective and in force on the last day of the 1050 |
---|
1833 | | - | income year. For purposes of this section, the unpaid loss reserve 1051 |
---|
1834 | | - | adjustment required for nonlife insurance companies under the 1052 |
---|
1835 | | - | provisions of Section 832(b)(5) of the Internal Revenue Code of 1986, or 1053 |
---|
1836 | | - | any subsequent corresponding internal revenue code of the United 1054 |
---|
1837 | | - | States, as from time to time amended, shall be applied without making 1055 |
---|
1838 | | - | the adjustment in Subparagraph (B) of said Section 832(b)(5). 1056 |
---|
1839 | | - | (6) For purposes of determining net income under this section for 1057 |
---|
1840 | | - | income years commencing on or after January 1, 2018, the deduction 1058 |
---|
1841 | | - | allowed for business interest paid or accrued shall be determined as 1059 |
---|
1842 | | - | provided under the Internal Revenue Code, except that in making such 1060 |
---|
1843 | | - | determination, the provisions of Section 163(j) shall not apply. 1061 Substitute Bill No. 981 |
---|
1844 | | - | |
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1845 | | - | |
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1848 | | - | 46 of 99 |
---|
1849 | | - | |
---|
1850 | | - | (b) (1) For purposes of determining net income under this section, the 1062 |
---|
1851 | | - | deduction allowed for depreciation shall be determined as provided 1063 |
---|
1852 | | - | under the Internal Revenue Code of 1986, or any subsequent 1064 |
---|
1853 | | - | corresponding internal revenue code of the United States, as from time 1065 |
---|
1854 | | - | to time amended, provided in making such determination, the 1066 |
---|
1855 | | - | provisions of Section 168(k) of said code shall not apply. 1067 |
---|
1856 | | - | (2) (A) For purposes of determining net income under this section for 1068 |
---|
1857 | | - | taxable years ending after December 31, 2008, and to the extent any 1069 |
---|
1858 | | - | income from the discharge of indebtedness, under Section 108 of the 1070 |
---|
1859 | | - | Internal Revenue Code, as amended by Section 1231 of the American 1071 |
---|
1860 | | - | Recovery and Reinvestment Act of 2009, in connection with any 1072 |
---|
1861 | | - | reacquisition, after December 31, 2008, and before January 1, 2011, of an 1073 |
---|
1862 | | - | applicable debt instrument or instruments, as those terms are defined in 1074 |
---|
1863 | | - | said Section 108, as amended by said Section 1231, is not properly 1075 |
---|
1864 | | - | includable in gross income for federal income tax purposes for the 1076 |
---|
1865 | | - | taxable year, any deferral of the recognition of any such income shall 1077 |
---|
1866 | | - | not be allowed. 1078 |
---|
1867 | | - | (B) To the extent that any income from the discharge of indebtedness 1079 |
---|
1868 | | - | in connection with any reacquisition, after December 31, 2008, and 1080 |
---|
1869 | | - | before January 1, 2011, of an applicable debt instrument or instruments, 1081 |
---|
1870 | | - | as those terms are defined in Section 108 of the Internal Revenue Code, 1082 |
---|
1871 | | - | as amended by Section 1231 of the American Recov ery and 1083 |
---|
1872 | | - | Reinvestment Act of 2009, is properly includable in gross income for 1084 |
---|
1873 | | - | federal income tax purposes for the taxable year, any such income shall 1085 |
---|
1874 | | - | be deductible in computing net income under this section for a taxable 1086 |
---|
1875 | | - | year ending after December 31, 2008, to the extent that the deferral of 1087 |
---|
1876 | | - | recognition of such income from such discharge was not allowed 1088 |
---|
1877 | | - | pursuant to subparagraph (A) of this subdivision in computing net 1089 |
---|
1878 | | - | income for a preceding taxable year. 1090 |
---|
1879 | | - | (C) For income years commencing on or after January 1, 2018, eighty 1091 |
---|
1880 | | - | per cent of any deduction claimed under Section 179 of the Internal 1092 |
---|
1881 | | - | Revenue Code for federal income tax purposes shall be disallowed. To 1093 |
---|
1882 | | - | the extent such a deduction is disallowed for purposes of computing the 1094 Substitute Bill No. 981 |
---|
1883 | | - | |
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1887 | | - | 47 of 99 |
---|
1888 | | - | |
---|
1889 | | - | tax under this chapter, twenty-five per cent of the disallowed portion of 1095 |
---|
1890 | | - | the deduction shall be allowed as a deduction in each of the four 1096 |
---|
1891 | | - | succeeding income years. 1097 |
---|
1892 | | - | (c) (1) Notwithstanding the provisions of subsections (a) and (b) of 1098 |
---|
1893 | | - | this section, "net income", in the case of an S corporation, means the 1099 |
---|
1894 | | - | percentage of the nonseparately computed income or loss, as defined in 1100 |
---|
1895 | | - | Section 1366(a)(2) of the Internal Revenue Code, of such S corporation, 1101 |
---|
1896 | | - | without separate state adjustment pursuant to section 12-233 or 12-226a 1102 |
---|
1897 | | - | for the compensation of any officer or employee, to which shall be added 1103 |
---|
1898 | | - | (A) any taxes imposed under the provisions of this chapter [which] that 1104 |
---|
1899 | | - | are paid or accrued in the income year, and (B) any taxes in any state of 1105 |
---|
1900 | | - | the United States or any political subdivision of such state, or the District 1106 |
---|
1901 | | - | of Columbia, imposed on or measured by the income or profits of a 1107 |
---|
1902 | | - | corporation [which] that are paid or accrued in the income year as 1108 |
---|
1903 | | - | provided in subdivision (2) of this subsection. 1109 |
---|
1904 | | - | (2) For income years commencing prior to January 1, 1997, "net 1110 |
---|
1905 | | - | income" means one hundred per cent of the amount computed under 1111 |
---|
1906 | | - | subdivision (1) of this subsection; for income years commencing on or 1112 |
---|
1907 | | - | after January 1, 1997, and prior to January 1, 1998, "net income" means 1113 |
---|
1908 | | - | ninety per cent of the amount computed under subdivision (1) of this 1114 |
---|
1909 | | - | subsection; for income years commencing on or after January 1, 1998, 1115 |
---|
1910 | | - | and prior to January 1, 1999, "net income" means seventy-five per cent 1116 |
---|
1911 | | - | of the amount computed under subdivision (1) of this subsection; for 1117 |
---|
1912 | | - | income years commencing on or after January 1, 1999, and prior to 1118 |
---|
1913 | | - | January 1, 2000, "net income" means fifty-five per cent of the amount 1119 |
---|
1914 | | - | computed under subdivision (1) of this subsection; for income years 1120 |
---|
1915 | | - | commencing on or after January 1, 2000, and prior to January 1, 2001, 1121 |
---|
1916 | | - | "net income" means thirty per cent of the amount computed under 1122 |
---|
1917 | | - | subdivision (1) of this subsection; for income years commencing on or 1123 |
---|
1918 | | - | after January 1, 2001, net income of S corporations as computed under 1124 |
---|
1919 | | - | subdivision (1) of this subsection shall not be subject to the tax under 1125 |
---|
1920 | | - | this chapter. Any S corporation subject to the tax on net income as 1126 |
---|
1921 | | - | provided in this section shall be eligible for any credit against the tax 1127 Substitute Bill No. 981 |
---|
1922 | | - | |
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1923 | | - | |
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1926 | | - | 48 of 99 |
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1927 | | - | |
---|
1928 | | - | otherwise available to taxpayers under this chapter only to the extent 1128 |
---|
1929 | | - | and in the same percentage as net income of such S corporation is subject 1129 |
---|
1930 | | - | to taxation under this chapter, except that any S corporation with an 1130 |
---|
1931 | | - | income year commencing on or after January 1, 1999, but before 1131 |
---|
1932 | | - | December 31, 2000, shall be eligible for the entire credit available under 1132 |
---|
1933 | | - | sections 8-395, 12-633, 12-634, 12-635 and 12-635a. 1133 |
---|
1934 | | - | (d) The commissioner may adopt regulations in accordance with 1134 |
---|
1935 | | - | chapter 54, relating to mergers or consolidations of corporations 1135 |
---|
1936 | | - | providing for the deduction, by the surviving or new corporation 1136 |
---|
1937 | | - | provided for in the plan of consolidation, of operating losses that were 1137 |
---|
1938 | | - | incurred by a merging or consolidating corporation, respectively, before 1138 |
---|
1939 | | - | the merger or consolidation, respectively. Such regulations may follow 1139 |
---|
1940 | | - | the provisions of the Internal Revenue Code of 1986, or any subsequent 1140 |
---|
1941 | | - | corresponding internal revenue code of the United States, as from time 1141 |
---|
1942 | | - | to time amended, or the regulations thereunder. 1142 |
---|
1943 | | - | (e) Where a combined group is required to file a combined unitary 1143 |
---|
1944 | | - | tax return pursuant to section 12-222, the combined group's net income 1144 |
---|
1945 | | - | shall be computed as provided in subsection (a) of section 12-218e. 1145 |
---|
1946 | | - | (f) Where a combined group is required to file a combined unitary tax 1146 |
---|
1947 | | - | return pursuant to section 12-222, a taxable member's net operating loss 1147 |
---|
1948 | | - | apportioned to this state shall be deducted and carried over by the 1148 |
---|
1949 | | - | taxable member as provided in subsection (d) of section 12-218e. 1149 |
---|
1950 | | - | Sec. 9. Section 12-217jj of the general statutes is repealed and the 1150 |
---|
1951 | | - | following is substituted in lieu thereof (Effective January 1, 2024): 1151 |
---|
1952 | | - | (a) As used in this section: 1152 |
---|
1953 | | - | (1) "Commissioner" means the Commissioner of Revenue Services. 1153 |
---|
1954 | | - | (2) "Department" means the Department of Economic and 1154 |
---|
1955 | | - | Community Development. 1155 |
---|
1956 | | - | (3) (A) "Qualified production" means entertainment content created 1156 Substitute Bill No. 981 |
---|
1957 | | - | |
---|
1958 | | - | |
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1961 | | - | 49 of 99 |
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1962 | | - | |
---|
1963 | | - | in whole or in part within the state, including motion pictures, except as 1157 |
---|
1964 | | - | otherwise provided in this subparagraph; documentaries; long-form, 1158 |
---|
1965 | | - | specials, mini-series, series, sound recordings, videos and music videos 1159 |
---|
1966 | | - | and interstitials television programming; interactive television; 1160 |
---|
1967 | | - | relocated television production; interactive games; videogames; 1161 |
---|
1968 | | - | commercials; any format of digital media, including an interactive web 1162 |
---|
1969 | | - | site, created for distribution or exhibition to the general public; and any 1163 |
---|
1970 | | - | trailer, pilot, video teaser or demo created primarily to stimulate the 1164 |
---|
1971 | | - | sale, marketing, promotion or exploitation of future investment in either 1165 |
---|
1972 | | - | a product or a qualified production via any means and media in any 1166 |
---|
1973 | | - | digital media format, film or videotape, provided such program meets 1167 |
---|
1974 | | - | all the underlying criteria of a qualified production. For state fiscal years 1168 |
---|
1975 | | - | ending on or after June 30, 2014, "qualified production" shall not include 1169 |
---|
1976 | | - | a motion picture that has not been designated as a state-certified 1170 |
---|
1977 | | - | qualified production prior to July 1, 2013, and no tax credit voucher for 1171 |
---|
1978 | | - | such motion picture may be issued for such motion picture, except, for 1172 |
---|
1979 | | - | state fiscal years ending on or after June 30, 2015, "qualified production" 1173 |
---|
1980 | | - | shall include a motion picture for which twenty-five per cent or more of 1174 |
---|
1981 | | - | the principal photography shooting days are in this state at a facility that 1175 |
---|
1982 | | - | receives not less than twenty-five million dollars in private investment 1176 |
---|
1983 | | - | and opens for business on or after July 1, 2013, and a tax credit voucher 1177 |
---|
1984 | | - | may be issued for such motion picture. 1178 |
---|
1985 | | - | (B) "Qualified production" shall not include any ongoing television 1179 |
---|
1986 | | - | program created primarily as news, weather or financial market reports; 1180 |
---|
1987 | | - | a production featuring current events, other than a relocated television 1181 |
---|
1988 | | - | production, sporting events, an awards show or other gala event; a 1182 |
---|
1989 | | - | production whose sole purpose is fundraising; a long-form production 1183 |
---|
1990 | | - | that primarily markets a product or service; a production used for 1184 |
---|
1991 | | - | corporate training or in-house corporate advertising or other similar 1185 |
---|
1992 | | - | productions; or any production for which records are required to be 1186 |
---|
1993 | | - | maintained under 18 USC 2257, as amended from time to time, with 1187 |
---|
1994 | | - | respect to sexually explicit content. 1188 |
---|
1995 | | - | (4) "Eligible production company" means a corporation, partnership, 1189 Substitute Bill No. 981 |
---|
1996 | | - | |
---|
1997 | | - | |
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2000 | | - | 50 of 99 |
---|
2001 | | - | |
---|
2002 | | - | limited liability company, or other business entity engaged in the 1190 |
---|
2003 | | - | business of producing qualified productions on a one-time or ongoing 1191 |
---|
2004 | | - | basis, and qualified by the Secretary of the State to engage in business 1192 |
---|
2005 | | - | in the state. 1193 |
---|
2006 | | - | (5) "Production expenses or costs" means all expenditures clearly and 1194 |
---|
2007 | | - | demonstrably incurred in the state in the preproduction, production or 1195 |
---|
2008 | | - | postproduction costs of a qualified production, including: 1196 |
---|
2009 | | - | (A) Expenditures incurred in the state in the form of either 1197 |
---|
2010 | | - | compensation or purchases including production work, production 1198 |
---|
2011 | | - | equipment not eligible for the infrastructure tax credit provided in 1199 |
---|
2012 | | - | section 12-217kk, production software, postproduction work, 1200 |
---|
2013 | | - | postproduction equipment, postproduction software, set design, set 1201 |
---|
2014 | | - | construction, props, lighting, wardrobe, makeup, makeup accessories, 1202 |
---|
2015 | | - | special effects, visual effects, audio effects, film processing, music, 1203 |
---|
2016 | | - | sound mixing, editing, location fees, soundstages and any and all other 1204 |
---|
2017 | | - | costs or services directly incurred in connection with a state-certified 1205 |
---|
2018 | | - | qualified production; 1206 |
---|
2019 | | - | (B) Expenditures for distribution, including preproduction, 1207 |
---|
2020 | | - | production or postproduction costs relating to the creation of trailers, 1208 |
---|
2021 | | - | marketing videos, commercials, point-of-purchase videos and any and 1209 |
---|
2022 | | - | all content created on film or digital media, including the duplication of 1210 |
---|
2023 | | - | films, videos, CDs, DVDs and any and all digital files now in existence 1211 |
---|
2024 | | - | and those yet to be created for mass consumer consumption; the 1212 |
---|
2025 | | - | purchase, by a company in the state, of any and all equipment relating 1213 |
---|
2026 | | - | to the duplication or mass market distribution of any content created or 1214 |
---|
2027 | | - | produced in the state by any digital media format which is now in use 1215 |
---|
2028 | | - | and those formats yet to be created for mass consumer consumption; 1216 |
---|
2029 | | - | and 1217 |
---|
2030 | | - | (C) "Production expenses or costs" does not include the following: (i) 1218 |
---|
2031 | | - | On and after January 1, 2008, compensation in excess of fifteen million 1219 |
---|
2032 | | - | dollars paid to any individual or entity representing an individual, for 1220 |
---|
2033 | | - | services provided in the production of a qualified production and on or 1221 Substitute Bill No. 981 |
---|
2034 | | - | |
---|
2035 | | - | |
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2038 | | - | 51 of 99 |
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2039 | | - | |
---|
2040 | | - | after January 1, 2010, compensation subject to Connecticut personal 1222 |
---|
2041 | | - | income tax in excess of twenty million dollars paid in the aggregate to 1223 |
---|
2042 | | - | any individuals or entities representing individuals, for star talent 1224 |
---|
2043 | | - | provided in the production of a qualified production; (ii) media buys, 1225 |
---|
2044 | | - | promotional events or gifts or public relations associated with the 1226 |
---|
2045 | | - | promotion or marketing of any qualified production; (iii) deferred, 1227 |
---|
2046 | | - | leveraged or profit participation costs relating to any and all personnel 1228 |
---|
2047 | | - | associated with any and all aspects of the production, including, but not 1229 |
---|
2048 | | - | limited to, producer fees, director fees, talent fees and writer fees; (iv) 1230 |
---|
2049 | | - | costs relating to the transfer of the production tax credits; (v) any 1231 |
---|
2050 | | - | amounts paid to persons or businesses as a result of their participation 1232 |
---|
2051 | | - | in profits from the exploitation of the qualified production; and (vi) any 1233 |
---|
2052 | | - | expenses or costs relating to an independent certification, as required by 1234 |
---|
2053 | | - | subsection (h) of this section, or as the department may otherwise 1235 |
---|
2054 | | - | require, pertaining to the amount of production expenses or costs set 1236 |
---|
2055 | | - | forth by an eligible production company in its application for a 1237 |
---|
2056 | | - | production tax credit. 1238 |
---|
2057 | | - | (6) "Sound recording" means a recording of music, poetry or spoken-1239 |
---|
2058 | | - | word performance, but does not include the audio portions of dialogue 1240 |
---|
2059 | | - | or words spoken and recorded as part of a motion picture, video, 1241 |
---|
2060 | | - | theatrical production, television news coverage or athletic event. 1242 |
---|
2061 | | - | (7) "State-certified qualified production" means a qualified 1243 |
---|
2062 | | - | production produced by an eligible production company that (A) is in 1244 |
---|
2063 | | - | compliance with regulations adopted pursuant to subsection (l) of this 1245 |
---|
2064 | | - | section, (B) is authorized to conduct business in this state, and (C) has 1246 |
---|
2065 | | - | been approved by the department as qualifying for a production tax 1247 |
---|
2066 | | - | credit under this section. 1248 |
---|
2067 | | - | (8) "Interactive web site" means a web site, the production costs of 1249 |
---|
2068 | | - | which (A) exceed five hundred thousand dollars per income year, and 1250 |
---|
2069 | | - | (B) is primarily (i) interactive games or end user applications, or (ii) 1251 |
---|
2070 | | - | animation, simulation, sound, graphics, story lines or video created or 1252 |
---|
2071 | | - | repurposed for distribution over the Internet. An interactive web site 1253 |
---|
2072 | | - | does not include a web site primarily used for institutional, private, 1254 Substitute Bill No. 981 |
---|
2073 | | - | |
---|
2074 | | - | |
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2077 | | - | 52 of 99 |
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2078 | | - | |
---|
2079 | | - | industrial, retail or wholesale marketing or promotional purposes, or 1255 |
---|
2080 | | - | which contains obscene content. 1256 |
---|
2081 | | - | (9) "Post-certification remedy" means the recapture, disallowance, 1257 |
---|
2082 | | - | recovery, reduction, repayment, forfeiture, decertification or any other 1258 |
---|
2083 | | - | remedy that would have the effect of reducing or otherwise limiting the 1259 |
---|
2084 | | - | use of a tax credit provided by this section. 1260 |
---|
2085 | | - | (10) "Compensation" means base salary or wages and does not 1261 |
---|
2086 | | - | include bonus pay, stock options, restricted stock units or similar 1262 |
---|
2087 | | - | arrangements. 1263 |
---|
2088 | | - | (11) "Relocated television production" means: 1264 |
---|
2089 | | - | (A) An ongoing television program all of the prior seasons of which 1265 |
---|
2090 | | - | were filmed outside this state, and may include current events shows, 1266 |
---|
2091 | | - | except those referenced in subparagraph (B)(i) of this subdivision. 1267 |
---|
2092 | | - | (B) An eligible production company's television programming in this 1268 |
---|
2093 | | - | state that (i) is not a general news program, sporting event or game 1269 |
---|
2094 | | - | broadcast, and (ii) is created at a qualified production facility that has 1270 |
---|
2095 | | - | had a minimum investment of twenty-five million dollars made by such 1271 |
---|
2096 | | - | eligible production company on or after January 1, 2012, at which 1272 |
---|
2097 | | - | facility the eligible production company creates ongoing television 1273 |
---|
2098 | | - | programming as defined in subparagraph (A) of this subdivision, and 1274 |
---|
2099 | | - | creates at least two hundred new jobs in Connecticut on or after January 1275 |
---|
2100 | | - | 1, 2012. For purposes of this subdivision, "new job" means a full-time 1276 |
---|
2101 | | - | job, as defined in section 12-217ii, that did not exist in this state prior to 1277 |
---|
2102 | | - | January 1, 2012, and is filled by a new employee, and "new employee" 1278 |
---|
2103 | | - | includes a person who was employed outside this state by the eligible 1279 |
---|
2104 | | - | production company prior to January 1, 2012, but does not include a 1280 |
---|
2105 | | - | person who was employed in this state by the eligible production 1281 |
---|
2106 | | - | company or a related person, as defined in section 12-217ii, with respect 1282 |
---|
2107 | | - | to the eligible production company during the prior twelve months. 1283 |
---|
2108 | | - | (C) A relocated television production may be a state-certified 1284 |
---|
2109 | | - | qualified production for not more than ten successive income years, 1285 Substitute Bill No. 981 |
---|
2110 | | - | |
---|
2111 | | - | |
---|
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2114 | | - | 53 of 99 |
---|
2115 | | - | |
---|
2116 | | - | after which period the eligible production company shall be ineligible 1286 |
---|
2117 | | - | to resubmit an application for certification. 1287 |
---|
2118 | | - | (b) (1) The Department of Economic and Community Development 1288 |
---|
2119 | | - | shall administer a system of tax credit vouchers within the resources, 1289 |
---|
2120 | | - | requirements and purposes of this section for eligible production 1290 |
---|
2121 | | - | companies producing a state-certified qualified production in the state. 1291 |
---|
2122 | | - | (2) Any eligible production company incurring production expenses 1292 |
---|
2123 | | - | or costs shall be eligible for a credit (A) for income years commencing 1293 |
---|
2124 | | - | on or after January 1, 2010, but prior to January 1, 2018, against the tax 1294 |
---|
2125 | | - | imposed under chapter 207 or this chapter, (B) for income years 1295 |
---|
2126 | | - | commencing on or after January 1, 2018, but prior to January 1, 2022, 1296 |
---|
2127 | | - | against the tax imposed under chapter 207 or 211 or this chapter, and 1297 |
---|
2128 | | - | (C) for income years commencing on or after January 1, 2022, against the 1298 |
---|
2129 | | - | tax imposed under chapter 207, 211, 219 or this chapter, as follows: (i) 1299 |
---|
2130 | | - | For any such company incurring such expenses or costs of not less than 1300 |
---|
2131 | | - | one hundred thousand dollars, but not more than five hundred 1301 |
---|
2132 | | - | thousand dollars, a credit equal to ten per cent of such expenses or costs, 1302 |
---|
2133 | | - | (ii) for any such company incurring such expenses or costs of more than 1303 |
---|
2134 | | - | five hundred thousand dollars, but not more than one million dollars, a 1304 |
---|
2135 | | - | credit equal to fifteen per cent of such expenses or costs, and (iii) for any 1305 |
---|
2136 | | - | such company incurring such expenses or costs of more than one million 1306 |
---|
2137 | | - | dollars, a credit equal to thirty per cent of such expenses or costs. 1307 |
---|
2138 | | - | (c) No eligible production company incurring an amount of 1308 |
---|
2139 | | - | production expenses or costs that qualifies for such credit shall be 1309 |
---|
2140 | | - | eligible for such credit unless on or after January 1, 2010, such company 1310 |
---|
2141 | | - | conducts (1) not less than fifty per cent of principal photography days 1311 |
---|
2142 | | - | within the state, or (2) expends not less than fifty per cent of 1312 |
---|
2143 | | - | postproduction costs within the state, or (3) expends not less than one 1313 |
---|
2144 | | - | million dollars of postproduction costs within the state. 1314 |
---|
2145 | | - | (d) For income years commencing on or after January 1, 2010, no 1315 |
---|
2146 | | - | expenses or costs incurred outside the state and used within the state 1316 |
---|
2147 | | - | shall be eligible for a credit, and one hundred per cent of such expenses 1317 Substitute Bill No. 981 |
---|
2148 | | - | |
---|
2149 | | - | |
---|
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2152 | | - | 54 of 99 |
---|
2153 | | - | |
---|
2154 | | - | or costs shall be counted toward such credit when incurred within the 1318 |
---|
2155 | | - | state and used within the state. 1319 |
---|
2156 | | - | (e) (1) On and after July 1, 2006, and for income years commencing 1320 |
---|
2157 | | - | on or after January 1, 2006, any credit allowed pursuant to this section 1321 |
---|
2158 | | - | may be sold, assigned or otherwise transferred, in whole or in part, to 1322 |
---|
2159 | | - | one or more taxpayers, provided (A) no credit, after issuance, may be 1323 |
---|
2160 | | - | sold, assigned or otherwise transferred, in whole or in part, more than 1324 |
---|
2161 | | - | three times, (B) in the case of a credit allowed for the income year 1325 |
---|
2162 | | - | commencing on or after January 1, 2011, [and] but prior to January 1, 1326 |
---|
2163 | | - | 2012, any entity that is not subject to tax under chapter 207 or this 1327 |
---|
2164 | | - | chapter may transfer not more than fifty per cent of such credit in any 1328 |
---|
2165 | | - | one income year, and (C) in the case of a credit allowed for an income 1329 |
---|
2166 | | - | year commencing on or after January 1, 2012, any entity that is not 1330 |
---|
2167 | | - | subject to tax under chapter 207 or this chapter may transfer not more 1331 |
---|
2168 | | - | than twenty-five per cent of such credit in any one income year. 1332 |
---|
2169 | | - | (2) Notwithstanding the provisions of subdivision (1) of this 1333 |
---|
2170 | | - | subsection, any entity that is not subject to tax under this chapter or 1334 |
---|
2171 | | - | chapter 207 shall not be subject to the limitations on the transfer of 1335 |
---|
2172 | | - | credits provided in subparagraphs (B) and (C) of said subdivision (1), 1336 |
---|
2173 | | - | provided such entity owns not less than fifty per cent, directly or 1337 |
---|
2174 | | - | indirectly, of a business entity, as defined in section 12-284b. 1338 |
---|
2175 | | - | (3) Notwithstanding the provisions of subdivision (1) of this 1339 |
---|
2176 | | - | subsection, any qualified production that is created in whole or in 1340 |
---|
2177 | | - | significant part, as determined by the Commissioner of Economic and 1341 |
---|
2178 | | - | Community Development, at a qualified production facility shall not be 1342 |
---|
2179 | | - | subject to the limitations of subparagraph (B) or (C) of said subdivision 1343 |
---|
2180 | | - | (1). For purposes of this subdivision, "qualified production facility" 1344 |
---|
2181 | | - | means a facility (A) located in this state, (B) intended for film, television 1345 |
---|
2182 | | - | or digital media production, and (C) that has had a minimum 1346 |
---|
2183 | | - | investment of three million dollars, or less if the Commissioner of 1347 |
---|
2184 | | - | Economic and Community D evelopment determines such facility 1348 |
---|
2185 | | - | otherwise qualifies. 1349 Substitute Bill No. 981 |
---|
2186 | | - | |
---|
2187 | | - | |
---|
2188 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2190 | | - | 55 of 99 |
---|
2191 | | - | |
---|
2192 | | - | (4) (A) For the income year commencing on or after January 1, 2018, 1350 |
---|
2193 | | - | but prior to January 1, 2019, any credit that is sold, assigned or otherwise 1351 |
---|
2194 | | - | transferred, in whole or in part, to one or more taxpayers pursuant to 1352 |
---|
2195 | | - | subdivision (1) of this subsection may be claimed against the tax 1353 |
---|
2196 | | - | imposed under chapter 211 only if there is common ownership of at least 1354 |
---|
2197 | | - | fifty per cent between such taxpayer and the eligible production 1355 |
---|
2198 | | - | company that sold, assigned or otherwise transferred such credit. Such 1356 |
---|
2199 | | - | taxpayer may only claim ninety-two per cent of the amount of such 1357 |
---|
2200 | | - | credit entered by the department on the production tax credit voucher. 1358 |
---|
2201 | | - | (B) For income years commencing on or after January 1, 2019, any 1359 |
---|
2202 | | - | credit that is sold, assigned or otherwise transferred, in whole or in part, 1360 |
---|
2203 | | - | to one or more taxpayers pursuant to subdivision (1) of this subsection, 1361 |
---|
2204 | | - | which credit is claimed against the tax imposed under chapter 211, shall 1362 |
---|
2205 | | - | be subject to the following limits: 1363 |
---|
2206 | | - | (i) The taxpayer may only claim ninety-five per cent of the amount of 1364 |
---|
2207 | | - | such credit entered by the department on the production tax credit 1365 |
---|
2208 | | - | voucher; and 1366 |
---|
2209 | | - | (ii) If there is common ownership of at least fifty per cent between 1367 |
---|
2210 | | - | such taxpayer and the eligible production company that sold, assigned 1368 |
---|
2211 | | - | or otherwise transferred such credit, such taxpayer may only claim 1369 |
---|
2212 | | - | ninety-two per cent of the amount of such credit entered by the 1370 |
---|
2213 | | - | department on the production tax credit voucher. 1371 |
---|
2214 | | - | (5) (A) For income years commencing on or after January 1, 2022, but 1372 |
---|
2215 | | - | prior to January 1, 2024, any credit that is claimed against the tax 1373 |
---|
2216 | | - | imposed under chapter 219 shall be subject to the following limits: 1374 |
---|
2217 | | - | [(A)] (i) Any credit that is sold, assigned or otherwise transferred, in 1375 |
---|
2218 | | - | whole or in part, to one or more taxpayers pursuant to subdivision (1) 1376 |
---|
2219 | | - | of this subsection may be claimed against the tax imposed under chapter 1377 |
---|
2220 | | - | 219 only if there is common ownership of at least fifty per cent between 1378 |
---|
2221 | | - | such taxpayer and the eligible production company that sold, assigned 1379 |
---|
2222 | | - | or otherwise transferred such credit; and 1380 Substitute Bill No. 981 |
---|
2223 | | - | |
---|
2224 | | - | |
---|
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2227 | | - | 56 of 99 |
---|
2228 | | - | |
---|
2229 | | - | [(B)] (ii) The eligible production company or taxpayer claiming the 1381 |
---|
2230 | | - | credit against the tax imposed under chapter 219 may only claim 1382 |
---|
2231 | | - | seventy-eight per cent of the amount of such credit entered by the 1383 |
---|
2232 | | - | department on the production tax credit voucher. 1384 |
---|
2233 | | - | (B) For income years commencing on or after January 1, 2024, any 1385 |
---|
2234 | | - | credit that is claimed against the tax imposed under chapter 219 shall be 1386 |
---|
2235 | | - | subject to the following limits: 1387 |
---|
2236 | | - | (i) Any credit that is sold, assigned or otherwise transferred, in whole 1388 |
---|
2237 | | - | or in part, to one or more taxpayers pursuant to subdivision (1) of this 1389 |
---|
2238 | | - | subsection may be claimed against the tax imposed under chapter 219 1390 |
---|
2239 | | - | only if there is common ownership of at least fifty per cent between such 1391 |
---|
2240 | | - | taxpayer and the eligible production company that sold, assigned or 1392 |
---|
2241 | | - | otherwise transferred such credit; and 1393 |
---|
2242 | | - | (ii) The eligible production company or taxpayer claiming the credit 1394 |
---|
2243 | | - | against the tax imposed under chapter 219 may only claim ninety-two 1395 |
---|
2244 | | - | per cent of the amount of such credit entered by the department on the 1396 |
---|
2245 | | - | production tax credit voucher. 1397 |
---|
2246 | | - | (f) (1) On and after July 1, 2006, and for income years commencing on 1398 |
---|
2247 | | - | or after January 1, 2006, but prior to January 1, 2015, all or part of any 1399 |
---|
2248 | | - | such credit allowed under this section may be claimed against the tax 1400 |
---|
2249 | | - | imposed under chapter 207 or this chapter for the income year in which 1401 |
---|
2250 | | - | the production expenses or costs were incurred, or in the three 1402 |
---|
2251 | | - | immediately succeeding income years. 1403 |
---|
2252 | | - | (2) For production tax credit vouchers issued on or after July 1, 2015, 1404 |
---|
2253 | | - | but prior to January 1, 2018, all or part of any such credit may be claimed 1405 |
---|
2254 | | - | against the tax imposed under chapter 207 or this chapter, for the 1406 |
---|
2255 | | - | income year in which the production expenses or costs were incurred, 1407 |
---|
2256 | | - | or in the five immediately succeeding income years. 1408 |
---|
2257 | | - | (3) For production tax credit vouchers issued on or after July 1, 2018, 1409 |
---|
2258 | | - | but prior to January 1, 2022, all or part of any such credit may be claimed 1410 |
---|
2259 | | - | against the tax imposed under chapter 207 or 211 or this chapter, for the 1411 Substitute Bill No. 981 |
---|
2260 | | - | |
---|
2261 | | - | |
---|
2262 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2264 | | - | 57 of 99 |
---|
2265 | | - | |
---|
2266 | | - | income year in which the production expenses or costs were incurred, 1412 |
---|
2267 | | - | or in the five immediately succeeding income years. 1413 |
---|
2268 | | - | (4) For production tax credit vouchers issued on or after January 1, 1414 |
---|
2269 | | - | 2022, all or part of any such credit may be claimed against the tax 1415 |
---|
2270 | | - | imposed under chapter 207, 211, 219 or this chapter, for the income year 1416 |
---|
2271 | | - | in which the production expenses or costs were incurred, or in the five 1417 |
---|
2272 | | - | immediately succeeding income years. 1418 |
---|
2273 | | - | (g) Any production tax credit allowed under this section shall be 1419 |
---|
2274 | | - | nonrefundable. 1420 |
---|
2275 | | - | (h) (1) An eligible production company shall apply to the department 1421 |
---|
2276 | | - | for a tax credit voucher on an annual basis, but not later than ninety days 1422 |
---|
2277 | | - | after the first production expenses or costs are incurred in the 1423 |
---|
2278 | | - | production of a qualified production, and shall provide with such 1424 |
---|
2279 | | - | application such information as the department may require to 1425 |
---|
2280 | | - | determine such company's eligibility to claim a credit under this section. 1426 |
---|
2281 | | - | No production expenses or costs may be listed more than once for 1427 |
---|
2282 | | - | purposes of the tax credit voucher pursuant to this section, or pursuant 1428 |
---|
2283 | | - | to section 12-217kk or 12-217ll, and if a production expense or cost has 1429 |
---|
2284 | | - | been included in a claim for a credit, such production expense or cost 1430 |
---|
2285 | | - | may not be included in any subsequent claim for a credit. 1431 |
---|
2286 | | - | (2) Not later than ninety days after the end of the annual period, or 1432 |
---|
2287 | | - | after the last production expenses or costs are incurred in the production 1433 |
---|
2288 | | - | of a qualified production, an eligible production company shall apply 1434 |
---|
2289 | | - | to the department for a production tax credit voucher, and shall provide 1435 |
---|
2290 | | - | with such application (A) a report that includes the number of full-time 1436 |
---|
2291 | | - | jobs and the number of part-time jobs created by the eligible production 1437 |
---|
2292 | | - | company during the annual period, a description of each such job and 1438 |
---|
2293 | | - | an explanation of what the eligible production company considers to be 1439 |
---|
2294 | | - | job creation for purposes of the report, and (B) such information and 1440 |
---|
2295 | | - | independent certification as the department may require pertaining to 1441 |
---|
2296 | | - | the amount of such company's production expenses or costs. Such 1442 |
---|
2297 | | - | independent certification shall be provided by an audit professional 1443 Substitute Bill No. 981 |
---|
2298 | | - | |
---|
2299 | | - | |
---|
2300 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2302 | | - | 58 of 99 |
---|
2303 | | - | |
---|
2304 | | - | chosen from a list compiled by the department. If the department 1444 |
---|
2305 | | - | determines that such company is eligible to be issued a production tax 1445 |
---|
2306 | | - | credit voucher, the department shall enter on the voucher the amount 1446 |
---|
2307 | | - | of production expenses or costs that has been established to the 1447 |
---|
2308 | | - | satisfaction of the department and the amount of such company's credit 1448 |
---|
2309 | | - | under this section. The department shall provide a copy of such voucher 1449 |
---|
2310 | | - | to the commissioner, upon request. 1450 |
---|
2311 | | - | (3) The department shall charge a reasonable administrative fee 1451 |
---|
2312 | | - | sufficient to cover the department's costs to analyze applications 1452 |
---|
2313 | | - | submitted under this section. 1453 |
---|
2314 | | - | (i) If an eligible production company sells, assigns or otherwise 1454 |
---|
2315 | | - | transfers a credit under this section to another taxpayer, the transferor 1455 |
---|
2316 | | - | and transferee shall jointly submit written notification of such transfer 1456 |
---|
2317 | | - | to the department not later than thirty days after such transfer. If such 1457 |
---|
2318 | | - | transferee sells, assigns or otherwise transfers a credit under this section 1458 |
---|
2319 | | - | to a subsequent transferee, such transferee and such subsequent 1459 |
---|
2320 | | - | transferee shall jointly submit written notification of such transfer to the 1460 |
---|
2321 | | - | department not later than thirty days after such transfer. The 1461 |
---|
2322 | | - | notification after each transfer shall include the credit voucher number, 1462 |
---|
2323 | | - | the date of transfer, the amount of such credit transferred, the tax credit 1463 |
---|
2324 | | - | balance before and after the transfer, the tax identification numbers for 1464 |
---|
2325 | | - | both the transferor and the transferee, and any other information 1465 |
---|
2326 | | - | required by the department. Failure to comply with this subsection will 1466 |
---|
2327 | | - | result in a disallowance of the tax credit until there is full compliance on 1467 |
---|
2328 | | - | the part of the transferor and the transferee, and for a second or third 1468 |
---|
2329 | | - | transfer, on the part of all subsequent transferors and transferees. The 1469 |
---|
2330 | | - | department shall provide a copy of the notification of assignment to the 1470 |
---|
2331 | | - | commissioner upon request. 1471 |
---|
2332 | | - | (j) Any eligible production company that submits information to the 1472 |
---|
2333 | | - | department that it knows to be fraudulent or false shall, in addition to 1473 |
---|
2334 | | - | any other penalties provided by law, be liable for a penalty equal to the 1474 |
---|
2335 | | - | amount of such company's credit entered on the production tax credit 1475 |
---|
2336 | | - | voucher issued under this section. 1476 Substitute Bill No. 981 |
---|
2337 | | - | |
---|
2338 | | - | |
---|
2339 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2341 | | - | 59 of 99 |
---|
2342 | | - | |
---|
2343 | | - | (k) No tax credits transferred pursuant to this section shall be subject 1477 |
---|
2344 | | - | to a post-certification remedy, and the department and the 1478 |
---|
2345 | | - | commissioner shall have no right, except in the case of possible material 1479 |
---|
2346 | | - | misrepresentation or fraud, to conduct any further or additional review, 1480 |
---|
2347 | | - | examination or audit of the expenditures or costs for which such tax 1481 |
---|
2348 | | - | credits were issued. The sole and exclusive remedy of the department 1482 |
---|
2349 | | - | and the commissioner shall be to seek collection of the amount of such 1483 |
---|
2350 | | - | tax credits from the entity that committed the fraud or 1484 |
---|
2351 | | - | misrepresentation. 1485 |
---|
2352 | | - | (l) The department, in consultation with the commissioner, shall 1486 |
---|
2353 | | - | adopt regulations, in accordance with the provisions of chapter 54, as 1487 |
---|
2354 | | - | may be necessary for the administration of this section. 1488 |
---|
2355 | | - | Sec. 10. Subsection (a) of section 32-1m of the general statutes is 1489 |
---|
2356 | | - | repealed and the following is substituted in lieu thereof (Effective January 1490 |
---|
2357 | | - | 1, 2024): 1491 |
---|
2358 | | - | (a) Not later than February first, annually, the Commissioner of 1492 |
---|
2359 | | - | Economic and Community Development shall submit a report to the 1493 |
---|
2360 | | - | Governor, the Auditors of Public Accounts and the joint standing 1494 |
---|
2361 | | - | committees of the General Assembly having cognizance of matters 1495 |
---|
2362 | | - | relating to appropriations and the budgets of state agencies, finance, 1496 |
---|
2363 | | - | revenue and bonding and commerce, in accordance with the provisions 1497 |
---|
2364 | | - | of section 11-4a. Not later than thirty days after submission of the report, 1498 |
---|
2365 | | - | said commissioner shall post the report on the Department of Economic 1499 |
---|
2366 | | - | and Community Development's web site. Such report shall include, but 1500 |
---|
2367 | | - | not be limited to, the following information with regard to the activities 1501 |
---|
2368 | | - | of the Department of Economic and Community Development and to 1502 |
---|
2369 | | - | business assistance programs administered by Connecticut Innovations, 1503 |
---|
2370 | | - | Incorporated, during the preceding state fiscal year: 1504 |
---|
2371 | | - | (1) A brief description and assessment of the state's economy during 1505 |
---|
2372 | | - | such year, utilizing the most recent and reasonably available data, and 1506 |
---|
2373 | | - | including: 1507 Substitute Bill No. 981 |
---|
2374 | | - | |
---|
2375 | | - | |
---|
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2378 | | - | 60 of 99 |
---|
2379 | | - | |
---|
2380 | | - | (A) Connecticut employment by industry; 1508 |
---|
2381 | | - | (B) Connecticut and national average unemployment; and 1509 |
---|
2382 | | - | (C) Connecticut gross state product, by industry. 1510 |
---|
2383 | | - | (2) An analysis of the economic development portfolio of the 1511 |
---|
2384 | | - | department, including, but not limited to, each business assistance or 1512 |
---|
2385 | | - | incentive program, including any business tax credit or abatement 1513 |
---|
2386 | | - | program, grant, loan, forgivable loan or other form of assistance, 1514 |
---|
2387 | | - | enacted for the purpose of improving economic development. The 1515 |
---|
2388 | | - | analysis shall include: 1516 |
---|
2389 | | - | (A) The Internet web site address of the state's open data portal and 1517 |
---|
2390 | | - | an indication of where the name, address and location of each recipient 1518 |
---|
2391 | | - | of the department's assistance is published on the site along with the 1519 |
---|
2392 | | - | following information concerning each recipient: (i) Business activities, 1520 |
---|
2393 | | - | (ii) standard industrial classification codes or North American industrial 1521 |
---|
2394 | | - | classification codes, (iii) whether the recipient is a minority or woman-1522 |
---|
2395 | | - | owned business, (iv) a summary of the terms and conditions for the 1523 |
---|
2396 | | - | assistance, including the type and amount of state financial assistance 1524 |
---|
2397 | | - | and job creation or retention requirements, (v) the amount of 1525 |
---|
2398 | | - | investments from private and other nonstate sources that have been 1526 |
---|
2399 | | - | leveraged by the assistance, and (vi) the amount of state investment; 1527 |
---|
2400 | | - | (B) A portfolio analysis, including an analysis of the wages paid by 1528 |
---|
2401 | | - | recipients of financial assistance by industry; 1529 |
---|
2402 | | - | (C) An investment analysis, including (i) total portfolio value, (ii) 1530 |
---|
2403 | | - | total investment by industry, (iii) portfolio dollar per job average, and 1531 |
---|
2404 | | - | (iv) portfolio leverage ratio; 1532 |
---|
2405 | | - | (D) An overview of the business assistance and incentive programs 1533 |
---|
2406 | | - | administered by the department and an analysis of their estimated 1534 |
---|
2407 | | - | economic impact on the state's economy. The analysis shall include, for 1535 |
---|
2408 | | - | each business assistance or incentive program for which such data is 1536 |
---|
2409 | | - | available, the number of new jobs created, the borrowing cost to the 1537 Substitute Bill No. 981 |
---|
2410 | | - | |
---|
2411 | | - | |
---|
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2414 | | - | 61 of 99 |
---|
2415 | | - | |
---|
2416 | | - | state and the estimated impact of such program on annual state 1538 |
---|
2417 | | - | revenues; 1539 |
---|
2418 | | - | (E) An analysis of whether the statutory and programmatic goals of 1540 |
---|
2419 | | - | each business or incentive program are being met, with obstacles to such 1541 |
---|
2420 | | - | goals identified, if possible; 1542 |
---|
2421 | | - | (F) (i) Recommendations as to whether any existing business 1543 |
---|
2422 | | - | assistance or incentive program should be continued, modified or 1544 |
---|
2423 | | - | repealed and the basis or bases for such recommendations, and (ii) any 1545 |
---|
2424 | | - | recommendations for additional data collection by the state to better 1546 |
---|
2425 | | - | inform future evaluations of such programs; and 1547 |
---|
2426 | | - | (G) The methodologies and assumptions used in carrying out the 1548 |
---|
2427 | | - | analyses under this subdivision. 1549 |
---|
2428 | | - | (3) An analysis of the community development portfolio of the 1550 |
---|
2429 | | - | department, including: 1551 |
---|
2430 | | - | (A) The Internet web site address of the state's open data portal and 1552 |
---|
2431 | | - | an indication of where the name, address and location of each recipient 1553 |
---|
2432 | | - | of the department's assistance is published on the site along with the 1554 |
---|
2433 | | - | following information concerning each recipient: (i) Amount of state 1555 |
---|
2434 | | - | investment, (ii) a summary of the terms and conditions for the 1556 |
---|
2435 | | - | department's assistance, including the type and amount of state 1557 |
---|
2436 | | - | financial assistance, and (iii) the amount of investments from private 1558 |
---|
2437 | | - | and other nonstate sources that have been leveraged by such assistance; 1559 |
---|
2438 | | - | and 1560 |
---|
2439 | | - | (B) An investment analysis, including (i) total active portfolio value, 1561 |
---|
2440 | | - | (ii) total investments made in the preceding state fiscal year, and (iii) 1562 |
---|
2441 | | - | total portfolio leverage ratio. 1563 |
---|
2442 | | - | (4) An analysis of each business assistance or incentive program, 1564 |
---|
2443 | | - | including any business tax credit or abatement program, grant, loan, 1565 |
---|
2444 | | - | forgivable loan or other form of assistance, enacted for the purpose of 1566 |
---|
2445 | | - | improving economic development, that (A) (i) had ten or more 1567 Substitute Bill No. 981 |
---|
2446 | | - | |
---|
2447 | | - | |
---|
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2450 | | - | 62 of 99 |
---|
2451 | | - | |
---|
2452 | | - | recipients of assistance in the preceding state fiscal year, or (ii) credited, 1568 |
---|
2453 | | - | abated or distributed more than one million dollars in the preceding 1569 |
---|
2454 | | - | state fiscal year, and (B) is administered by the department or 1570 |
---|
2455 | | - | Connecticut Innovations, Incorporated. The analysis shall include: 1571 |
---|
2456 | | - | (i) An overview of the business assistance or incentive program and 1572 |
---|
2457 | | - | an analysis of its estimated economic effects on the state's economy, 1573 |
---|
2458 | | - | including, for each program where such data is available, the number of 1574 |
---|
2459 | | - | new jobs created and the estimated impact of such program on annual 1575 |
---|
2460 | | - | state revenues; 1576 |
---|
2461 | | - | (ii) An analysis of whether the statutory and programmatic goals of 1577 |
---|
2462 | | - | each business assistance or incentive program are being met, with 1578 |
---|
2463 | | - | obstacles to such goals identified, if possible; 1579 |
---|
2464 | | - | (iii) Recommendations as to whether any such existing business 1580 |
---|
2465 | | - | assistance or incentive program should be continued, modified or 1581 |
---|
2466 | | - | repealed and the basis or bases for such recommendations, and any 1582 |
---|
2467 | | - | recommendations for additional data collection by the state to better 1583 |
---|
2468 | | - | inform future evaluations of such programs; and 1584 |
---|
2469 | | - | (iv) The methodologies and assumptions used in carrying out the 1585 |
---|
2470 | | - | analysis under this subdivision. 1586 |
---|
2471 | | - | (5) A summary of the department's international trade efforts in the 1587 |
---|
2472 | | - | preceding state fiscal year, and, to the extent possible, a summary of 1588 |
---|
2473 | | - | foreign direct investment that occurred in the state in such year. 1589 |
---|
2474 | | - | (6) A summary of the total social and economic impact of the 1590 |
---|
2475 | | - | department's efforts and activities in the areas of economic and 1591 |
---|
2476 | | - | community development, and an assessment of the department's 1592 |
---|
2477 | | - | performance in terms of meeting its stated goals and objectives. 1593 |
---|
2478 | | - | (7) With regard to the Small Business Express program established 1594 |
---|
2479 | | - | pursuant to section 32-7g, data on (A) the number of small businesses 1595 |
---|
2480 | | - | that received assistance under said program and the general categories 1596 |
---|
2481 | | - | of such businesses, (B) the amounts and types of assistance provided, 1597 Substitute Bill No. 981 |
---|
2482 | | - | |
---|
2483 | | - | |
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2486 | | - | 63 of 99 |
---|
2487 | | - | |
---|
2488 | | - | (C) the total number of jobs on the date of application and the number 1598 |
---|
2489 | | - | proposed to be created or retained, (D) the most recent employment 1599 |
---|
2490 | | - | figures of the small businesses receiving assistance, (E) the default rate 1600 |
---|
2491 | | - | of small businesses that received assistance under said program, and (F) 1601 |
---|
2492 | | - | the progress of the lenders participating in said program in becoming 1602 |
---|
2493 | | - | self-sustainable. 1603 |
---|
2494 | | - | (8) With regard to airport development zones established pursuant 1604 |
---|
2495 | | - | to section 32-75d, a summary of the economic and cost benefits of each 1605 |
---|
2496 | | - | zone and any recommended revisions to any such zones. 1606 |
---|
2497 | | - | (9) An overview of the department's activities related to tourism, the 1607 |
---|
2498 | | - | arts and historic preservation. 1608 |
---|
2499 | | - | (10) An overview of the department's activities concerning digital 1609 |
---|
2500 | | - | media, motion pictures and related production activity, and an analysis 1610 |
---|
2501 | | - | of the use of the film production tax credit established under section 12-1611 |
---|
2502 | | - | 217jj, as amended by this act, the entertainment industry infrastructure 1612 |
---|
2503 | | - | tax credit established under section 12-217kk and the digital animation 1613 |
---|
2504 | | - | production tax credit established under section 12-217ll, including the 1614 |
---|
2505 | | - | amount of any tax credit issued under said sections, [and] the total 1615 |
---|
2506 | | - | amount of production expenses or costs incurred in the state by the 1616 |
---|
2507 | | - | taxpayer who was issued such a tax credit and the information 1617 |
---|
2508 | | - | submitted in the report required under subparagraph (A) of subdivision 1618 |
---|
2509 | | - | (1) of subsection (h) of section 12-217jj, as amended by this act. 1619 |
---|
2510 | | - | (11) A summary of the department's and the office of the permit 1620 |
---|
2511 | | - | ombudsman's brownfield-related efforts and activities in the preceding 1621 |
---|
2512 | | - | fiscal year. 1622 |
---|
2513 | | - | (12) A summary of the department's dry cleaning establishment 1623 |
---|
2514 | | - | remediation account activities in the preceding fiscal year. 1624 |
---|
2515 | | - | Sec. 11. Section 12-217ee of the general statutes is repealed and the 1625 |
---|
2516 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 1626 |
---|
2517 | | - | (a) (1) Any taxpayer that [(1)] (A) is a qualified small business, [(2)] 1627 Substitute Bill No. 981 |
---|
2518 | | - | |
---|
2519 | | - | |
---|
2520 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2522 | | - | 64 of 99 |
---|
2523 | | - | |
---|
2524 | | - | (B) qualifies for a credit under section 12-217j or section 12-217n, and 1628 |
---|
2525 | | - | [(3)] (C) cannot take such credit in the taxable year in which the credit 1629 |
---|
2526 | | - | could otherwise be taken as a result of having no tax liability under this 1630 |
---|
2527 | | - | chapter may elect to carry such credit forward under this chapter or may 1631 |
---|
2528 | | - | apply to the commissioner as provided in subsection (b) of this section 1632 |
---|
2529 | | - | to exchange such credit with the state for a credit refund equal to sixty-1633 |
---|
2530 | | - | five per cent of the value of the credit or, for a biotechnology company, 1634 |
---|
2531 | | - | equal to eighty per cent of the value of the credit. 1635 |
---|
2532 | | - | (2) Any amount of credit refunded under this section shall be 1636 |
---|
2533 | | - | refunded to the taxpayer under the provisions of this chapter, except 1637 |
---|
2534 | | - | that such credit refund shall not be subject to the provisions of section 1638 |
---|
2535 | | - | 12-227. Payment of the capital base tax under section 12-219, as 1639 |
---|
2536 | | - | amended by this act, for an income year commencing on or after January 1640 |
---|
2537 | | - | 1, 2002, in which year the taxpayer reports no net income, as defined in 1641 |
---|
2538 | | - | section 12-213, or payment of the minimum tax of two hundred fifty 1642 |
---|
2539 | | - | dollars under section 12-219, as amended by this act, or 12-223c for any 1643 |
---|
2540 | | - | income year, shall not be considered a tax liability for purposes of this 1644 |
---|
2541 | | - | section. 1645 |
---|
2542 | | - | (b) An application for refund of such credit amount shall be made to 1646 |
---|
2543 | | - | the Commissioner of Revenue Services, at the same time such taxpayer 1647 |
---|
2544 | | - | files its return for the income year on or before the original due date or, 1648 |
---|
2545 | | - | if applicable, the extended due date of such [year’s] year's return, on 1649 |
---|
2546 | | - | such forms and containing such information as prescribed by said 1650 |
---|
2547 | | - | commissioner. No application for refund of such credit amount may be 1651 |
---|
2548 | | - | made after the due date or extended due date, as the case may be, of 1652 |
---|
2549 | | - | such return. 1653 |
---|
2550 | | - | (c) If the commissioner determines that the taxpayer qualifies for a 1654 |
---|
2551 | | - | credit refund under this section, the commissioner shall notify, no later 1655 |
---|
2552 | | - | than one hundred twenty days from receipt of the application for such 1656 |
---|
2553 | | - | credit refund, the State Comptroller of the name of the eligible taxpayer, 1657 |
---|
2554 | | - | and the State Comptroller shall draw an order on the State Treasurer. 1658 |
---|
2555 | | - | The amount of the credit refund shall be limited as follows: 1659 Substitute Bill No. 981 |
---|
2556 | | - | |
---|
2557 | | - | |
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2560 | | - | 65 of 99 |
---|
2561 | | - | |
---|
2562 | | - | (1) In the case of an application for such credit refund filed by the 1660 |
---|
2563 | | - | taxpayer for income years beginning during 2000 or 2001 where such 1661 |
---|
2564 | | - | credit refund has not been paid as of July 1, 2002, the taxpayer shall be 1662 |
---|
2565 | | - | entitled to receive no more than one million dollars during the [state’s] 1663 |
---|
2566 | | - | state's fiscal year in which the initial refund is paid, with any remaining 1664 |
---|
2567 | | - | unpaid balance to be paid in two equal installments during the [state’s] 1665 |
---|
2568 | | - | state's next two succeeding fiscal years; and 1666 |
---|
2569 | | - | (2) [in] In the case of an application for such credit refund filed by the 1667 |
---|
2570 | | - | taxpayer for the income years beginning during 2002 or thereafter, the 1668 |
---|
2571 | | - | taxpayer shall be entitled to receive no more than one million five 1669 |
---|
2572 | | - | hundred thousand dollars for any one such income year. 1670 |
---|
2573 | | - | (d) The Commissioner of Revenue Services may disallow the credit 1671 |
---|
2574 | | - | refund of any credit otherwise allowable for a taxable year under this 1672 |
---|
2575 | | - | section if the company claiming the exchange has any amount of taxes 1673 |
---|
2576 | | - | due and unpaid to the state including interest, penalties, fees and other 1674 |
---|
2577 | | - | charges related thereto for which a period in excess of thirty days has 1675 |
---|
2578 | | - | elapsed following the date on which such taxes were due and which are 1676 |
---|
2579 | | - | not the subject of a timely filed administrative appeal to the 1677 |
---|
2580 | | - | commissioner or of a timely filed appeal pending before any court of 1678 |
---|
2581 | | - | competent jurisdiction. Before any such disallowance, the commissioner 1679 |
---|
2582 | | - | shall send written notice to the company, stating that it may pay the 1680 |
---|
2583 | | - | amount of such delinquent tax or enter into an agreement with the 1681 |
---|
2584 | | - | commissioner for the payment thereof, by the date set forth in said 1682 |
---|
2585 | | - | notice, provided, such date shall not be less than thirty days after the 1683 |
---|
2586 | | - | date of such notice. Failure on the part of the company to pay the 1684 |
---|
2587 | | - | amount of the delinquent tax or enter into an agreement to pay the 1685 |
---|
2588 | | - | amount thereof by said date shall result in a disallowance of the credit 1686 |
---|
2589 | | - | refund being claimed. 1687 |
---|
2590 | | - | (e) For purposes of this section, (1) "qualified small business" means 1688 |
---|
2591 | | - | a company that [(1)] (A) has gross income for the previous income year 1689 |
---|
2592 | | - | that does not exceed seventy million dollars, and [(2)] (B) has not, in the 1690 |
---|
2593 | | - | determination of the commissioner, met the gross income test through 1691 |
---|
2594 | | - | transactions with a related person, as defined in section 12-217w, as 1692 Substitute Bill No. 981 |
---|
2595 | | - | |
---|
2596 | | - | |
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2597 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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---|
2599 | | - | 66 of 99 |
---|
2600 | | - | |
---|
2601 | | - | amended by this act, and (2) "biotechnology company" has the same 1693 |
---|
2602 | | - | meaning as provided in subsection (b) of section 12-217j. 1694 |
---|
2603 | | - | Sec. 12. Section 22a-245a of the general statutes is repealed and the 1695 |
---|
2604 | | - | following is substituted in lieu thereof (Effective from passage): 1696 |
---|
2605 | | - | (a) Each deposit initiator shall open a special interest-bearing account 1697 |
---|
2606 | | - | at a Connecticut branch of a financial institution, as defined in section 1698 |
---|
2607 | | - | 45a-557a, to the credit of the deposit initiator. Each deposit initiator shall 1699 |
---|
2608 | | - | deposit in such account an amount equal to the refund value established 1700 |
---|
2609 | | - | pursuant to subsection (a) of section 22a-244, for each beverage 1701 |
---|
2610 | | - | container sold by such deposit initiator. Such deposit shall be made not 1702 |
---|
2611 | | - | more than one month after the date such beverage container is sold, 1703 |
---|
2612 | | - | provided for any beverage container sold during the period from 1704 |
---|
2613 | | - | December 1, 2008, to December 31, 2008, inclusive, such deposit shall be 1705 |
---|
2614 | | - | made not later than January 5, 2009. All interest, dividends and returns 1706 |
---|
2615 | | - | earned on the special account shall be paid directly into such account. 1707 |
---|
2616 | | - | Such moneys shall be kept separate and apart from all other moneys in 1708 |
---|
2617 | | - | the possession of the deposit initiator. The amount required to be 1709 |
---|
2618 | | - | deposited pursuant to this section, when deposited, shall be held to be 1710 |
---|
2619 | | - | a special fund in trust for the state. 1711 |
---|
2620 | | - | (b) (1) Any reimbursement of the refund value for a redeemed 1712 |
---|
2621 | | - | beverage container shall be paid from the deposit initiator's special 1713 |
---|
2622 | | - | account, with such payment to be computed, subject to the provisions 1714 |
---|
2623 | | - | of subdivision (2) of this subsection, under the cash receipts and 1715 |
---|
2624 | | - | disbursements method of accounting, as described in Section 446(c)(1) 1716 |
---|
2625 | | - | of the Internal Revenue Code of 1986, or any subsequent corresponding 1717 |
---|
2626 | | - | Internal Revenue Code of the United States, as amended from time to 1718 |
---|
2627 | | - | time. 1719 |
---|
2628 | | - | (2) A deposit initiator may petition the Commissioner of Revenue 1720 |
---|
2629 | | - | Services for an alternate method of accounting by filing with such 1721 |
---|
2630 | | - | deposit initiator's return a statement of objections and other proposed 1722 |
---|
2631 | | - | alternate method of accounting, as such deposit initiator believes proper 1723 |
---|
2632 | | - | and equitable under the circumstances, that is accompanied by 1724 Substitute Bill No. 981 |
---|
2633 | | - | |
---|
2634 | | - | |
---|
2635 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2637 | | - | 67 of 99 |
---|
2638 | | - | |
---|
2639 | | - | supporting details and proof. The Commissioner of Revenue Services 1725 |
---|
2640 | | - | shall promptly notify such deposit initiator whether the proposed 1726 |
---|
2641 | | - | alternate method is accepted as reasonable and equitable and, if so 1727 |
---|
2642 | | - | accepted, shall adjust such deposit initiator's return and payment of 1728 |
---|
2643 | | - | reimbursement accordingly. 1729 |
---|
2644 | | - | (c) Not later than August 1, 2024, and annually thereafter, the 1730 |
---|
2645 | | - | Commissioner of Energy and Environmental Protection shall calculate 1731 |
---|
2646 | | - | and publish the average state-wide redemption rate for the preceding 1732 |
---|
2647 | | - | fiscal year, calculated as the number of beverage containers redeemed 1733 |
---|
2648 | | - | for the deposit divided by the number of beverage containers sold. 1734 |
---|
2649 | | - | [(c)] (d) (1) Each deposit initiator shall submit a report on March 15, 1735 |
---|
2650 | | - | 2009, for the period from December 1, 2008, to February 28, 2009, 1736 |
---|
2651 | | - | inclusive. Each deposit initiator shall submit a report on July 31, 2009, 1737 |
---|
2652 | | - | for the period from March 1, 2009, to June 30, 2009, inclusive, and 1738 |
---|
2653 | | - | thereafter shall submit a quarterly report for the immediately preceding 1739 |
---|
2654 | | - | calendar quarter one month after the close of such quarter. Each such 1740 |
---|
2655 | | - | report shall be submitted to the Commissioner of Energy and 1741 |
---|
2656 | | - | Environmental Protection, on a form prescribed by the commissioner 1742 |
---|
2657 | | - | and with such information as the commissioner deems necessary, 1743 |
---|
2658 | | - | including, but not limited to: (A) The balance in the special account at 1744 |
---|
2659 | | - | the beginning of the quarter for which the report is prepared; (B) a list 1745 |
---|
2660 | | - | of all deposits credited to such account during such quarter, including 1746 |
---|
2661 | | - | all refund values paid to the deposit initiator and all interest, dividends 1747 |
---|
2662 | | - | or returns received on the account; (C) a list of all withdrawals from 1748 |
---|
2663 | | - | such account during such quarter, all service charges and overdraft 1749 |
---|
2664 | | - | charges on the account and all payments made pursuant to subsection 1750 |
---|
2665 | | - | [(d)] (e) of this section; and (D) the balance in the account at the close of 1751 |
---|
2666 | | - | the quarter for which the report is prepared. 1752 |
---|
2667 | | - | (2) Each deposit initiator shall submit a report on October 31, 2010, 1753 |
---|
2668 | | - | for the calendar quarter beginning July 1, 2010. Subsequently, each 1754 |
---|
2669 | | - | deposit initiator shall submit a quarterly report for the immediately 1755 |
---|
2670 | | - | preceding calendar quarter, on or before the last day of the month next 1756 |
---|
2671 | | - | succeeding the close of such quarter. Each such report shall be 1757 Substitute Bill No. 981 |
---|
2672 | | - | |
---|
2673 | | - | |
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2674 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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---|
2676 | | - | 68 of 99 |
---|
2677 | | - | |
---|
2678 | | - | submitted to the Commissioner of Revenue Services, on a form 1758 |
---|
2679 | | - | prescribed by the Commissioner of Revenue Services, and with such 1759 |
---|
2680 | | - | information as the Commissioner of Revenue Services deems necessary, 1760 |
---|
2681 | | - | including, but not limited to, the following information: (A) The balance 1761 |
---|
2682 | | - | in the special account at the beginning of the quarter for which the 1762 |
---|
2683 | | - | report is prepared, (B) all deposits credited to such account during such 1763 |
---|
2684 | | - | quarter, including all refund values paid to the deposit initiator and all 1764 |
---|
2685 | | - | interest, dividends or returns received on such account, (C) all 1765 |
---|
2686 | | - | withdrawals from such account during such quarter, including all 1766 |
---|
2687 | | - | service charges and overdraft charges on such account and all payments 1767 |
---|
2688 | | - | made pursuant to subsection [(d)] (e) of this section, and (D) the balance 1768 |
---|
2689 | | - | in such account at the close of the quarter for which the report is 1769 |
---|
2690 | | - | prepared. Such quarterly report shall be filed electronically with the 1770 |
---|
2691 | | - | Commissioner of Revenue Services, in the manner provided by chapter 1771 |
---|
2692 | | - | 228g. 1772 |
---|
2693 | | - | [(d)] (e) (1) On or before April 30, 2009, each deposit initiator shall 1773 |
---|
2694 | | - | pay the balance outstanding in the special account that is attributable to 1774 |
---|
2695 | | - | the period from December 1, 2008, to March 31, 2009, inclusive, to the 1775 |
---|
2696 | | - | Commissioner of Energy and Environmental Protection for deposit in 1776 |
---|
2697 | | - | the General Fund. Thereafter, the balance outstanding in the special 1777 |
---|
2698 | | - | account that is attributable to the immediately preceding calendar 1778 |
---|
2699 | | - | quarter shall be paid by the deposit initiator one month after the close 1779 |
---|
2700 | | - | of such quarter to the Commissioner of Energy and Environmental 1780 |
---|
2701 | | - | Protection for deposit in the General Fund. If the amount of the required 1781 |
---|
2702 | | - | payment pursuant to this subdivision is not paid by the date seven days 1782 |
---|
2703 | | - | after the due date, a penalty of ten per cent of the amount due shall be 1783 |
---|
2704 | | - | added to the amount due. The amount due shall bear interest at the rate 1784 |
---|
2705 | | - | of one and one-half per cent per month or fraction thereof, from the due 1785 |
---|
2706 | | - | date. Any such penalty or interest shall not be paid from funds 1786 |
---|
2707 | | - | maintained in the special account. 1787 |
---|
2708 | | - | (2) (A) On or before October 31, 2010, each deposit initiator shall pay 1788 |
---|
2709 | | - | the balance outstanding in the special account that is attributable to the 1789 |
---|
2710 | | - | period from July 1, 2010, to September 30, 2010, inclusive, to the 1790 Substitute Bill No. 981 |
---|
2711 | | - | |
---|
2712 | | - | |
---|
2713 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2715 | | - | 69 of 99 |
---|
2716 | | - | |
---|
2717 | | - | Commissioner of Revenue Services for deposit in the General Fund. 1791 |
---|
2718 | | - | (B) Subsequently: [, for] 1792 |
---|
2719 | | - | (i) For the fiscal year ending June 30, 2023, ninety-five per cent of the 1793 |
---|
2720 | | - | balance outstanding in the special account that is attributable to the 1794 |
---|
2721 | | - | immediately preceding calendar quarter shall be paid by the deposit 1795 |
---|
2722 | | - | initiator on or before the last day of the month next succeeding the close 1796 |
---|
2723 | | - | of such quarter to the Commissioner of Revenue Services for deposit in 1797 |
---|
2724 | | - | the General Fund; [, for] 1798 |
---|
2725 | | - | (ii) For the fiscal year ending June 30, 2024, sixty-five per cent of the 1799 |
---|
2726 | | - | balance outstanding in the special account that is attributable to the 1800 |
---|
2727 | | - | immediately preceding calendar quarter shall be paid by the deposit 1801 |
---|
2728 | | - | initiator on or before the last day of the month next succeeding the close 1802 |
---|
2729 | | - | of such quarter to the Commissioner of Revenue Services for deposit in 1803 |
---|
2730 | | - | the General Fund, except that for the calendar quarters ending 1804 |
---|
2731 | | - | September 30, 2023, and December 31, 2023, the balances outstanding in 1805 |
---|
2732 | | - | the special account that are attributable to said calendar quarters shall 1806 |
---|
2733 | | - | be retained in the special account by the deposit initiator for the purpose 1807 |
---|
2734 | | - | of reimbursement of the refund value in effect on January 1, 2024, for a 1808 |
---|
2735 | | - | redeemed beverage container in accordance with the provisions of 1809 |
---|
2736 | | - | subsection (b) of this section and section 22a-244; 1810 |
---|
2737 | | - | (iii) For the fiscal year ending June 30, 2025, [fifty-five] fifty per cent 1811 |
---|
2738 | | - | of the balance outstanding in the special account that is attributable to 1812 |
---|
2739 | | - | the immediately preceding calendar quarter shall be paid by the deposit 1813 |
---|
2740 | | - | initiator on or before the last day of the month next succeeding the close 1814 |
---|
2741 | | - | of such quarter to the Commissioner of Revenue Services for deposit in 1815 |
---|
2742 | | - | the General Fund; [and for] 1816 |
---|
2743 | | - | (iv) For the fiscal year ending June 30, 2026, [and each subsequent 1817 |
---|
2744 | | - | fiscal year thereafter, forty-five] if the redemption rate calculated under 1818 |
---|
2745 | | - | subsection (c) of this section for the preceding fiscal year is: 1819 |
---|
2746 | | - | (I) At least sixty-five per cent, twenty-five per cent of the balance 1820 |
---|
2747 | | - | outstanding in the special account that is attributable to the immediately 1821 Substitute Bill No. 981 |
---|
2748 | | - | |
---|
2749 | | - | |
---|
2750 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2751 | | - | 00981-R01-SB.docx } |
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2752 | | - | 70 of 99 |
---|
2753 | | - | |
---|
2754 | | - | preceding calendar quarter shall be paid by the deposit initiator on or 1822 |
---|
2755 | | - | before the last day of the month next succeeding the close of such 1823 |
---|
2756 | | - | quarter to the Commissioner of Revenue Services for deposit in the 1824 |
---|
2757 | | - | General Fund; and 1825 |
---|
2758 | | - | (II) Less than sixty-five per cent, forty-five per cent of the balance 1826 |
---|
2759 | | - | outstanding in the special account that is attributable to the immediately 1827 |
---|
2760 | | - | preceding calendar quarter shall be paid by the deposit initiator on or 1828 |
---|
2761 | | - | before the last day of the month next succeeding the close of such 1829 |
---|
2762 | | - | quarter to the Commissioner of Revenue Services for deposit in the 1830 |
---|
2763 | | - | General Fund; 1831 |
---|
2764 | | - | (v) For the fiscal year ending June 30, 2027, if the redemption rate 1832 |
---|
2765 | | - | calculated under subsection (c) of this section for the preceding fiscal 1833 |
---|
2766 | | - | year is: 1834 |
---|
2767 | | - | (I) At least seventy per cent, five per cent of the balance outstanding 1835 |
---|
2768 | | - | in the special account that is attributable to the immediately preceding 1836 |
---|
2769 | | - | calendar quarter shall be paid by the deposit initiator on or before the 1837 |
---|
2770 | | - | last day of the month next succeeding the close of such quarter to the 1838 |
---|
2771 | | - | Commissioner of Revenue Services for deposit in the General Fund; 1839 |
---|
2772 | | - | (II) Less than seventy per cent but more than sixty-five per cent, 1840 |
---|
2773 | | - | twenty-five per cent of the balance outstanding in the special account 1841 |
---|
2774 | | - | that is attributable to the immediately preceding calendar quarter shall 1842 |
---|
2775 | | - | be paid by the deposit initiator on or before the last day of the month 1843 |
---|
2776 | | - | next succeeding the close of such quarter to the Commissioner of 1844 |
---|
2777 | | - | Revenue Services for deposit in the General Fund; and 1845 |
---|
2778 | | - | (III) Sixty-five per cent or less, forty-five per cent of the balance 1846 |
---|
2779 | | - | outstanding in the special account that is attributable to the immediately 1847 |
---|
2780 | | - | preceding calendar quarter shall be paid by the deposit initiator on or 1848 |
---|
2781 | | - | before the last day of the month next succeeding the close of such 1849 |
---|
2782 | | - | quarter to the Commissioner of Revenue Services for deposit in the 1850 |
---|
2783 | | - | General Fund; and 1851 |
---|
2784 | | - | (vi) For the fiscal year ending June 30, 2028, and each fiscal year 1852 Substitute Bill No. 981 |
---|
2785 | | - | |
---|
2786 | | - | |
---|
2787 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2788 | | - | 00981-R01-SB.docx } |
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2789 | | - | 71 of 99 |
---|
2790 | | - | |
---|
2791 | | - | thereafter, if the redemption rate calculated under subsection (c) of this 1853 |
---|
2792 | | - | section for the preceding fiscal year is: 1854 |
---|
2793 | | - | (I) At least eighty per cent, five per cent of the balance outstanding in 1855 |
---|
2794 | | - | the special account that is attributable to the immediately preceding 1856 |
---|
2795 | | - | calendar quarter shall be paid by the deposit initiator on or before the 1857 |
---|
2796 | | - | last day of the month next succeeding the close of such quarter to the 1858 |
---|
2797 | | - | Commissioner of Revenue Services for deposit in the General Fund; 1859 |
---|
2798 | | - | (II) Less than eighty per cent but more than seventy per cent, ten per 1860 |
---|
2799 | | - | cent of the balance outstanding in the special account that is attributable 1861 |
---|
2800 | | - | to the immediately preceding calendar quarter shall be paid by the 1862 |
---|
2801 | | - | deposit initiator on or before the last day of the month next succeeding 1863 |
---|
2802 | | - | the close of such quarter to the Commissioner of Revenue Services for 1864 |
---|
2803 | | - | deposit in the General Fund; 1865 |
---|
2804 | | - | (III) Seventy per cent or less but more than sixty-five per cent, twenty-1866 |
---|
2805 | | - | five per cent of the balance outstanding in the special account that is 1867 |
---|
2806 | | - | attributable to the immediately preceding calendar quarter shall be paid 1868 |
---|
2807 | | - | by the deposit initiator on or before the last day of the month next 1869 |
---|
2808 | | - | succeeding the close of such quarter to the Commissioner of Revenue 1870 |
---|
2809 | | - | Services for deposit in the General Fund; and 1871 |
---|
2810 | | - | (IV) Sixty-five per cent or less, forty-five per cent of the balance 1872 |
---|
2811 | | - | outstanding in the special account that is attributable to the immediately 1873 |
---|
2812 | | - | preceding calendar quarter shall be paid by the deposit initiator on or 1874 |
---|
2813 | | - | before the last day of the month next succeeding the close of such 1875 |
---|
2814 | | - | quarter to the Commissioner of Revenue Services for deposit in the 1876 |
---|
2815 | | - | General Fund. 1877 |
---|
2816 | | - | (C) If the amount of the required payment pursuant to this 1878 |
---|
2817 | | - | subdivision is not paid on or before the due date, a penalty of ten per 1879 |
---|
2818 | | - | cent of the amount due and unpaid, or fifty dollars, whichever is greater, 1880 |
---|
2819 | | - | shall be imposed. The amount due and unpaid shall bear interest at the 1881 |
---|
2820 | | - | rate of one per cent per month or fraction thereof, from the due date. 1882 |
---|
2821 | | - | Any such penalty or interest shall not be paid from funds maintained in 1883 Substitute Bill No. 981 |
---|
2822 | | - | |
---|
2823 | | - | |
---|
2824 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2825 | | - | 00981-R01-SB.docx } |
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2826 | | - | 72 of 99 |
---|
2827 | | - | |
---|
2828 | | - | such special account. Such required payment shall be made by 1884 |
---|
2829 | | - | electronic funds transfer to the Commissioner of Revenue Services, in 1885 |
---|
2830 | | - | the manner provided by chapter 228g. 1886 |
---|
2831 | | - | [(e)] (f) If moneys deposited in the special account are insufficient to 1887 |
---|
2832 | | - | pay for withdrawals authorized pursuant to subsection (b) of this 1888 |
---|
2833 | | - | section, the amount of such deficiency shall be subtracted from the next 1889 |
---|
2834 | | - | succeeding payment or payments due pursuant to subsection [(d)] (e) of 1890 |
---|
2835 | | - | this section until the amount of the deficiency has been subtracted in 1891 |
---|
2836 | | - | full. 1892 |
---|
2837 | | - | [(f)] (g) The Commissioner of Revenue Services may examine the 1893 |
---|
2838 | | - | accounts and records of any deposit initiator maintained under this 1894 |
---|
2839 | | - | section or sections 22a-243 to 22a-245, inclusive, and any related 1895 |
---|
2840 | | - | accounts and records, including receipts, disbursements and such other 1896 |
---|
2841 | | - | items as the Commissioner of Revenue Services deems appropriate. 1897 |
---|
2842 | | - | [(g)] (h) The Attorney General may, independently or upon 1898 |
---|
2843 | | - | complaint of the Commissioner of Energy and Environmental 1899 |
---|
2844 | | - | Protection or the Commissioner of Revenue Services, institute any 1900 |
---|
2845 | | - | appropriate action or proceeding to enforce any provision of this section 1901 |
---|
2846 | | - | or any regulation adopted pursuant to section 22a-245 to implement the 1902 |
---|
2847 | | - | provisions of this section. 1903 |
---|
2848 | | - | [(h)] (i) The provisions of sections 12-548, 12-550 to 12-554, inclusive, 1904 |
---|
2849 | | - | and 12-555a shall be deemed to apply to the provisions of this section, 1905 |
---|
2850 | | - | except any provision of sections 12-548, 12-550 to 12-554, inclusive, and 1906 |
---|
2851 | | - | 12-555a that is inconsistent with the provision in this section. 1907 |
---|
2852 | | - | [(i)] (j) Any payment required pursuant to this section shall be treated 1908 |
---|
2853 | | - | as a tax for purposes of sections 12-30b, 12-33a, 12-35a, 12-39g and 12-1909 |
---|
2854 | | - | 39h. 1910 |
---|
2855 | | - | [(j)] (k) Not later than July 1, 2010, the Department of Energy and 1911 |
---|
2856 | | - | Environmental Protection or successor agency shall establish a 1912 |
---|
2857 | | - | procedure that allows each such deposit initiator to take a credit against 1913 |
---|
2858 | | - | any payment made pursuant to subsection [(d)] (e) of this section in the 1914 Substitute Bill No. 981 |
---|
2859 | | - | |
---|
2860 | | - | |
---|
2861 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2862 | | - | 00981-R01-SB.docx } |
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2863 | | - | 73 of 99 |
---|
2864 | | - | |
---|
2865 | | - | amount of the deposits refunded on beverage containers which such 1915 |
---|
2866 | | - | deposit initiator donated for any charitable purpose. 1916 |
---|
2867 | | - | Sec. 13. Subparagraph (J) of subdivision (37) of section 12-407 of the 1917 |
---|
2868 | | - | general statutes is repealed and the following is substituted in lieu 1918 |
---|
2869 | | - | thereof (Effective July 1, 2023, and applicable to sales occurring on or after 1919 |
---|
2870 | | - | July 1, 2023): 1920 |
---|
2871 | | - | (J) Business analysis, management, management consulting and 1921 |
---|
2872 | | - | public relations services, excluding (i) any environmental consulting 1922 |
---|
2873 | | - | services, (ii) any job-related or personnel training services, [provided by 1923 |
---|
2874 | | - | an institution of higher education licensed or accredited by the Board of 1924 |
---|
2875 | | - | Regents for Higher Education or authorized by the Office of Higher 1925 |
---|
2876 | | - | Education pursuant to sections 10a-35a and 10a-34, respectively, and] or 1926 |
---|
2877 | | - | (iii) on and after January 1, 1994, any business analysis, management, 1927 |
---|
2878 | | - | management consulting and public relations services when such 1928 |
---|
2879 | | - | services are rendered in connection with an aircraft leased or owned by 1929 |
---|
2880 | | - | a certificated air carrier or in connection with an aircraft [which] that has 1930 |
---|
2881 | | - | a maximum certificated take-off weight of six thousand pounds or more; 1931 |
---|
2882 | | - | Sec. 14. Subsection (c) of section 12-217g of the general statutes is 1932 |
---|
2883 | | - | repealed and the following is substituted in lieu thereof (Effective January 1933 |
---|
2884 | | - | 1, 2024, and applicable to income years commencing on or after January 1, 1934 |
---|
2885 | | - | 2024): 1935 |
---|
2886 | | - | (c) There shall be allowed a credit for any taxpayer against the tax 1936 |
---|
2887 | | - | imposed under this chapter for any income year with respect to wages 1937 |
---|
2888 | | - | paid to apprentices in the construction trades by such taxpayer in such 1938 |
---|
2889 | | - | year that the apprentice and taxpayer participate in a qualified 1939 |
---|
2890 | | - | apprenticeship training program, as described in subsection (d) of this 1940 |
---|
2891 | | - | section, [which] that (1) is at least four years in duration, (2) is certified 1941 |
---|
2892 | | - | in accordance with regulations adopted in accordance with the 1942 |
---|
2893 | | - | provisions of chapter 54 by the Labor Commissioner, and (3) is 1943 |
---|
2894 | | - | registered with the Labor Department under section 31-22r, as amended 1944 |
---|
2895 | | - | by this act. The tax credit shall be (A) in an amount equal to two dollars 1945 |
---|
2896 | | - | per hour multiplied by the total number of hours completed by each 1946 Substitute Bill No. 981 |
---|
2897 | | - | |
---|
2898 | | - | |
---|
2899 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2900 | | - | 00981-R01-SB.docx } |
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2901 | | - | 74 of 99 |
---|
2902 | | - | |
---|
2903 | | - | apprentice toward completion of such program, and (B) awarded upon 1947 |
---|
2904 | | - | completion and notification of completion of such program in the 1948 |
---|
2905 | | - | income year in which such completion and notification occur, provided 1949 |
---|
2906 | | - | the amount of credit allowed for such income year with respect to each 1950 |
---|
2907 | | - | such apprentice may not exceed [four thousand] seven thousand five 1951 |
---|
2908 | | - | hundred dollars or fifty per cent of actual wages paid over the first four 1952 |
---|
2909 | | - | income years for such apprenticeship, whichever is less. 1953 |
---|
2910 | | - | Sec. 15. Section 31-22r of the general statutes is repealed and the 1954 |
---|
2911 | | - | following is substituted in lieu thereof (Effective January 1, 2024): 1955 |
---|
2912 | | - | (a) (1) Each person who registered as an apprentice with the Labor 1956 |
---|
2913 | | - | Department before July 1, 2003, and has no t completed an 1957 |
---|
2914 | | - | apprenticeship as of July 9, 2003, shall pay to the Labor Department a 1958 |
---|
2915 | | - | registration fee of twenty-five dollars on or before July 1, 2003, and a 1959 |
---|
2916 | | - | renewal registration fee of twenty-five dollars on or before July first of 1960 |
---|
2917 | | - | each subsequent year until (A) such registration is withdrawn, or (B) 1961 |
---|
2918 | | - | such person has completed an apprenticeship and possesses a valid 1962 |
---|
2919 | | - | journeyperson card of occupational license, if required. 1963 |
---|
2920 | | - | (2) Each person who initially registers as an apprentice with the Labor 1964 |
---|
2921 | | - | Department on or after July 1, 2003, shall pay to the Labor Department 1965 |
---|
2922 | | - | a registration fee of fifty dollars at the time of registration and an annual 1966 |
---|
2923 | | - | renewal registration fee of fifty dollars until (A) such registration is 1967 |
---|
2924 | | - | withdrawn, or (B) such person has completed an apprenticeship and 1968 |
---|
2925 | | - | possesses a valid journeyperson card of occupational license, if 1969 |
---|
2926 | | - | required. 1970 |
---|
2927 | | - | (b) Each person sponsoring an apprenticeship program registered 1971 |
---|
2928 | | - | with the Labor Department as of July 1, 2003, shall pay to the Labor 1972 |
---|
2929 | | - | Department an annual registration fee of sixty dollars for each 1973 |
---|
2930 | | - | apprentice participating in such program until the apprentice has 1974 |
---|
2931 | | - | completed the apprenticeship and possesses a valid journeyperson card 1975 |
---|
2932 | | - | of occupational license, if required, or such program is cancelled by the 1976 |
---|
2933 | | - | sponsor or deregistered for cause by the Labor Department in 1977 |
---|
2934 | | - | accordance with regulations adopted pursuant to this chapter, 1978 Substitute Bill No. 981 |
---|
2935 | | - | |
---|
2936 | | - | |
---|
2937 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2938 | | - | 00981-R01-SB.docx } |
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2939 | | - | 75 of 99 |
---|
2940 | | - | |
---|
2941 | | - | whichever is earlier. 1979 |
---|
2942 | | - | (c) Each person sponsoring an apprenticeship program registered 1980 |
---|
2943 | | - | with the Labor Department as of July 1, 2024, shall annually submit the 1981 |
---|
2944 | | - | following information along with such sponsor's annual registration fee: 1982 |
---|
2945 | | - | (1) The current minimum completion rate of such sponsor's 1983 |
---|
2946 | | - | apprenticeship program, (2) the number of registered apprentices 1984 |
---|
2947 | | - | currently participating in such sponsor's program, (3) the number of 1985 |
---|
2948 | | - | licensed journeypersons currently employed by such sponsor, (4) the 1986 |
---|
2949 | | - | number of registered apprentices participating in such program who 1987 |
---|
2950 | | - | have advanced a year since the date of such sponsor's previous 1988 |
---|
2951 | | - | registration, or year to date for new sponsors, (5) the number of 1989 |
---|
2952 | | - | apprentices who have separated from such sponsor's program since the 1990 |
---|
2953 | | - | date of such sponsor's previous registration, or year to date for new 1991 |
---|
2954 | | - | sponsors, (6) the number of apprentices who have completed an 1992 |
---|
2955 | | - | apprenticeship program with such sponsor since the date of such 1993 |
---|
2956 | | - | sponsor's previous registration, or year to date for new sponsors, and 1994 |
---|
2957 | | - | (7) the number of apprentices who completed such sponsor's program 1995 |
---|
2958 | | - | who have been issued an occupational license by the Department of 1996 |
---|
2959 | | - | Consumer Protection and are currently employed by such sponsor. All 1997 |
---|
2960 | | - | information shall be submitted in a form and manner as prescribed by 1998 |
---|
2961 | | - | the commissioner and disaggregated by gender identity, race and 1999 |
---|
2962 | | - | ethnicity. Notwithstanding the provisions of section 1-210, such 2000 |
---|
2963 | | - | information provided by a sponsor shall be considered a public record 2001 |
---|
2964 | | - | and all persons shall have the right to inspect and copy such records in 2002 |
---|
2965 | | - | accordance with the provisions of section 1-212. 2003 |
---|
2966 | | - | [(c)] (d) Fifty per cent of any amount collected by the Labor 2004 |
---|
2967 | | - | Department pursuant to this section shall be deposited in the General 2005 |
---|
2968 | | - | Fund and fifty per cent of such amount shall be credited to a separate 2006 |
---|
2969 | | - | nonlapsing appropriation to the Labor Department, for the purpose of 2007 |
---|
2970 | | - | administering the department's apprentice training program and 2008 |
---|
2971 | | - | sections 31-22m to 31-22p, inclusive. 2009 |
---|
2972 | | - | Sec. 16. Subdivision (1) of section 12-408 of the general statutes is 2010 |
---|
2973 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 2011 Substitute Bill No. 981 |
---|
2974 | | - | |
---|
2975 | | - | |
---|
2976 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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2977 | | - | 00981-R01-SB.docx } |
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2978 | | - | 76 of 99 |
---|
2979 | | - | |
---|
2980 | | - | 2023, and applicable to sales occurring on or after July 1, 2023): 2012 |
---|
2981 | | - | (1) (A) For the privilege of making any sales, as defined in 2013 |
---|
2982 | | - | subdivision (2) of subsection (a) of section 12-407, at retail, in this state 2014 |
---|
2983 | | - | for a consideration, a tax is hereby imposed on all retailers at the rate of 2015 |
---|
2984 | | - | six and thirty-five-hundredths per cent of the gross receipts of any 2016 |
---|
2985 | | - | retailer from the sale of all tangible personal property sold at retail or 2017 |
---|
2986 | | - | from the rendering of any services constituting a sale in accordance with 2018 |
---|
2987 | | - | subdivision (2) of subsection (a) of section 12-407, except, in lieu of said 2019 |
---|
2988 | | - | rate, the rates provided in subparagraphs (B) to (I), inclusive, of this 2020 |
---|
2989 | | - | subdivision; 2021 |
---|
2990 | | - | (B) (i) At a rate of fifteen per cent with respect to each transfer of 2022 |
---|
2991 | | - | occupancy, from the total amount of rent received by a hotel or lodging 2023 |
---|
2992 | | - | house for the first period not exceeding thirty consecutive calendar 2024 |
---|
2993 | | - | days; 2025 |
---|
2994 | | - | (ii) At a rate of eleven per cent with respect to each transfer of 2026 |
---|
2995 | | - | occupancy, from the total amount of rent received by a bed and 2027 |
---|
2996 | | - | breakfast establishment for the first period not exceeding thirty 2028 |
---|
2997 | | - | consecutive calendar days; 2029 |
---|
2998 | | - | (C) With respect to the sale of a motor vehicle to any individual who 2030 |
---|
2999 | | - | is a member of the armed forces of the United States and is on full-time 2031 |
---|
3000 | | - | active duty in Connecticut and who is considered, under 50 App USC 2032 |
---|
3001 | | - | 574, a resident of another state, or to any such individual and the spouse 2033 |
---|
3002 | | - | thereof, at a rate of four and one-half per cent of the gross receipts of any 2034 |
---|
3003 | | - | retailer from such sales, provided such retailer requires and maintains a 2035 |
---|
3004 | | - | declaration by such individual, prescribed as to form by the 2036 |
---|
3005 | | - | commissioner and bearing notice to the effect that false statements made 2037 |
---|
3006 | | - | in such declaration are punishable, or other evidence, satisfactory to the 2038 |
---|
3007 | | - | commissioner, concerning the purchaser's state of residence under 50 2039 |
---|
3008 | | - | App USC 574; 2040 |
---|
3009 | | - | (D) (i) With respect to the sales of computer and data processing 2041 |
---|
3010 | | - | services occurring on or after July 1, 2001, at the rate of one per cent, and 2042 Substitute Bill No. 981 |
---|
3011 | | - | |
---|
3012 | | - | |
---|
3013 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3014 | | - | 00981-R01-SB.docx } |
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3015 | | - | 77 of 99 |
---|
3016 | | - | |
---|
3017 | | - | (ii) with respect to sales of Internet access services, on and after July 1, 2043 |
---|
3018 | | - | 2001, such services shall be exempt from such tax; 2044 |
---|
3019 | | - | (E) (i) With respect to the sales of labor that is otherwise taxable under 2045 |
---|
3020 | | - | subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 2046 |
---|
3021 | | - | 12-407 on existing vessels and repair or maintenance services on vessels 2047 |
---|
3022 | | - | occurring on and after July 1, 1999, such services shall be exempt from 2048 |
---|
3023 | | - | such tax; 2049 |
---|
3024 | | - | (ii) With respect to the sale of a vessel, a motor for a vessel or a trailer 2050 |
---|
3025 | | - | used for transporting a vessel, at the rate of two and ninety-nine-2051 |
---|
3026 | | - | hundredths per cent, except that the sale of a vessel shall be exempt from 2052 |
---|
3027 | | - | such tax if such vessel is docked in this state for sixty or fewer days in a 2053 |
---|
3028 | | - | calendar year; 2054 |
---|
3029 | | - | (iii) With respect to the sale of dyed diesel fuel, as defined in 2055 |
---|
3030 | | - | subsection (d) of section 12-487, sold by a marine fuel dock exclusively 2056 |
---|
3031 | | - | for marine purposes, at the rate of two and ninety-nine-hundredths per 2057 |
---|
3032 | | - | cent; 2058 |
---|
3033 | | - | (F) With respect to patient care services for which payment is 2059 |
---|
3034 | | - | received by the hospital on or after July 1, 1999, and prior to July 1, 2001, 2060 |
---|
3035 | | - | at the rate of five and three-fourths per cent and on and after July 1, 2001, 2061 |
---|
3036 | | - | such services shall be exempt from such tax; 2062 |
---|
3037 | | - | (G) With respect to the rental or leasing of a passenger motor vehicle 2063 |
---|
3038 | | - | for a period of thirty consecutive calendar days or less, at a rate of nine 2064 |
---|
3039 | | - | and thirty-five-hundredths per cent; 2065 |
---|
3040 | | - | (H) With respect to the sale of (i) a motor vehicle for a sales price 2066 |
---|
3041 | | - | exceeding fifty thousand dollars, at a rate of seven and three-fourths per 2067 |
---|
3042 | | - | cent on the entire sales price, (ii) jewelry, whether real or imitation, for 2068 |
---|
3043 | | - | a sales price exceeding five thousand dollars, at a rate of seven and 2069 |
---|
3044 | | - | three-fourths per cent on the entire sales price, and (iii) an article of 2070 |
---|
3045 | | - | clothing or footwear intended to be worn on or about the human body, 2071 |
---|
3046 | | - | a handbag, luggage, umbrella, wallet or watch for a sales price 2072 |
---|
3047 | | - | exceeding one thousand dollars, at a rate of seven and three-fourths per 2073 Substitute Bill No. 981 |
---|
3048 | | - | |
---|
3049 | | - | |
---|
3050 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3051 | | - | 00981-R01-SB.docx } |
---|
3052 | | - | 78 of 99 |
---|
3053 | | - | |
---|
3054 | | - | cent on the entire sales price. For purposes of this subparagraph, "motor 2074 |
---|
3055 | | - | vehicle" has the meaning provided in section 14-1, but does not include 2075 |
---|
3056 | | - | a motor vehicle subject to the provisions of subparagraph (C) of this 2076 |
---|
3057 | | - | subdivision, a motor vehicle having a gross vehicle weight rating over 2077 |
---|
3058 | | - | twelve thousand five hundred pounds, or a motor vehicle having a 2078 |
---|
3059 | | - | gross vehicle weight rating of twelve thousand five hundred pounds or 2079 |
---|
3060 | | - | less that is not used for private passenger purposes, but is designed or 2080 |
---|
3061 | | - | used to transport merchandise, freight or persons in connection with 2081 |
---|
3062 | | - | any business enterprise and issued a commercial registration or more 2082 |
---|
3063 | | - | specific type of registration by the Department of Motor Vehicles; 2083 |
---|
3064 | | - | (I) With respect to the sale of meals, as defined in subdivision (13) of 2084 |
---|
3065 | | - | section 12-412, sold by an eating establishment, caterer or grocery store; 2085 |
---|
3066 | | - | and spirituous, malt or vinous liquors, soft drinks, sodas or beverages 2086 |
---|
3067 | | - | such as are ordinarily dispensed at bars and soda fountains, or in 2087 |
---|
3068 | | - | connection therewith; in addition to the tax imposed under 2088 |
---|
3069 | | - | subparagraph (A) of this subdivision, at the rate of one per cent; 2089 |
---|
3070 | | - | (J) The rate of tax imposed by this chapter shall be applicable to all 2090 |
---|
3071 | | - | retail sales upon the effective date of such rate, except that a new rate 2091 |
---|
3072 | | - | that represents an increase in the rate applicable to the sale shall not 2092 |
---|
3073 | | - | apply to any sales transaction wherein a binding sales contract without 2093 |
---|
3074 | | - | an escalator clause has been entered into prior to the effective date of the 2094 |
---|
3075 | | - | new rate and delivery is made within ninety days after the effective date 2095 |
---|
3076 | | - | of the new rate. For the purposes of payment of the tax imposed under 2096 |
---|
3077 | | - | this section, any retailer of services taxable under subdivision (37) of 2097 |
---|
3078 | | - | subsection (a) of section 12-407, as amended by this act, who computes 2098 |
---|
3079 | | - | taxable income, for purposes of taxation under the Internal Revenue 2099 |
---|
3080 | | - | Code of 1986, or any subsequent corresponding internal revenue code 2100 |
---|
3081 | | - | of the United States, as amended from time to time, on an accounting 2101 |
---|
3082 | | - | basis that recognizes only cash or other valuable consideration actually 2102 |
---|
3083 | | - | received as income and who is liable for such tax only due to the 2103 |
---|
3084 | | - | rendering of such services may make payments related to such tax for 2104 |
---|
3085 | | - | the period during which such income is received, without penalty or 2105 |
---|
3086 | | - | interest, without regard to when such service is rendered; 2106 Substitute Bill No. 981 |
---|
3087 | | - | |
---|
3088 | | - | |
---|
3089 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3090 | | - | 00981-R01-SB.docx } |
---|
3091 | | - | 79 of 99 |
---|
3092 | | - | |
---|
3093 | | - | (K) (i) For calendar quarters ending on or after September 30, 2019, 2107 |
---|
3094 | | - | the commissioner shall deposit into the regional planning incentive 2108 |
---|
3095 | | - | account, established pursuant to section 4-66k, six and seven-tenths per 2109 |
---|
3096 | | - | cent of the amounts received by the state from the tax imposed under 2110 |
---|
3097 | | - | subparagraph (B) of this subdivision and ten and seven-tenths per cent 2111 |
---|
3098 | | - | of the amounts received by the state from the tax imposed under 2112 |
---|
3099 | | - | subparagraph (G) of this subdivision; 2113 |
---|
3100 | | - | (ii) For calendar quarters ending on or after September 30, 2018, the 2114 |
---|
3101 | | - | commissioner shall deposit into the Tourism Fund established under 2115 |
---|
3102 | | - | section 10-395b ten per cent of the amounts received by the state from 2116 |
---|
3103 | | - | the tax imposed under subparagraph (B) of this subdivision; 2117 |
---|
3104 | | - | (L) For calendar months commencing on or after July 1, 2021, the 2118 |
---|
3105 | | - | commissioner shall deposit into the municipal revenue sharing account 2119 |
---|
3106 | | - | established pursuant to section 4-66l seven and nine-tenths per cent of 2120 |
---|
3107 | | - | the amounts received by the state from the tax imposed under 2121 |
---|
3108 | | - | subparagraph (A) of this subdivision; [and] 2122 |
---|
3109 | | - | (M) (i) For calendar months commencing on or after July 1, 2017, the 2123 |
---|
3110 | | - | commissioner shall deposit into the Special Transportation Fund 2124 |
---|
3111 | | - | established under section 13b-68 seven and nine-tenths per cent of the 2125 |
---|
3112 | | - | amounts received by the state from the tax imposed under 2126 |
---|
3113 | | - | subparagraph (A) of this subdivision; 2127 |
---|
3114 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 2128 |
---|
3115 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 2129 |
---|
3116 | | - | Transportation Fund established under section 13b-68 eight per cent of 2130 |
---|
3117 | | - | the amounts received by the state from the tax imposed under 2131 |
---|
3118 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 2132 |
---|
3119 | | - | vehicle; 2133 |
---|
3120 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 2134 |
---|
3121 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 2135 |
---|
3122 | | - | Transportation Fund established under section 13b-68 seventeen per 2136 |
---|
3123 | | - | cent of the amounts received by the state from the tax imposed under 2137 Substitute Bill No. 981 |
---|
3124 | | - | |
---|
3125 | | - | |
---|
3126 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3127 | | - | 00981-R01-SB.docx } |
---|
3128 | | - | 80 of 99 |
---|
3129 | | - | |
---|
3130 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 2138 |
---|
3131 | | - | vehicle; 2139 |
---|
3132 | | - | (iv) For calendar months commencing on or after July 1, 2020, but 2140 |
---|
3133 | | - | prior to July 1, 2021, the commissioner shall deposit into the Special 2141 |
---|
3134 | | - | Transportation Fund established under section 13b-68 twenty-five per 2142 |
---|
3135 | | - | cent of the amounts received by the state from the tax imposed under 2143 |
---|
3136 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 2144 |
---|
3137 | | - | vehicle; 2145 |
---|
3138 | | - | (v) For calendar months commencing on or after July 1, 2021, but 2146 |
---|
3139 | | - | prior to July 1, 2022, the commissioner shall deposit into the Special 2147 |
---|
3140 | | - | Transportation Fund established under section 13b-68 seventy-five per 2148 |
---|
3141 | | - | cent of the amounts received by the state from the tax imposed under 2149 |
---|
3142 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 2150 |
---|
3143 | | - | vehicle; and 2151 |
---|
3144 | | - | (vi) For calendar months commencing on or after July 1, 2022, the 2152 |
---|
3145 | | - | commissioner shall deposit into the Special Transportation Fund 2153 |
---|
3146 | | - | established under section 13b-68 one hundred per cent of the amounts 2154 |
---|
3147 | | - | received by the state from the tax imposed under subparagraphs (A) 2155 |
---|
3148 | | - | and (H) of this subdivision on the sale of a motor vehicle; and 2156 |
---|
3149 | | - | (N) For calendar months commencing on or after July 1, 2023, the 2157 |
---|
3150 | | - | commissioner shall deposit the following percentages of the amounts 2158 |
---|
3151 | | - | received by the state from the tax imposed under subparagraph (I) of 2159 |
---|
3152 | | - | this subdivision: (i) Fifty per cent into the municipal host grants account 2160 |
---|
3153 | | - | established under section 18 of this act; (ii) twenty-five per cent into the 2161 |
---|
3154 | | - | arts, culture and tourism account established under section 19 of this 2162 |
---|
3155 | | - | act; and (iii) twenty-five per cent into the municipal needs capacity 2163 |
---|
3156 | | - | account established under section 20 of this act. 2164 |
---|
3157 | | - | Sec. 17. Subdivision (1) of section 12-411 of the general statutes is 2165 |
---|
3158 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 2166 |
---|
3159 | | - | 2023, and applicable to sales occurring on or after July 1, 2023): 2167 |
---|
3160 | | - | (1) (A) An excise tax is hereby imposed on the storage, acceptance, 2168 Substitute Bill No. 981 |
---|
3161 | | - | |
---|
3162 | | - | |
---|
3163 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3164 | | - | 00981-R01-SB.docx } |
---|
3165 | | - | 81 of 99 |
---|
3166 | | - | |
---|
3167 | | - | consumption or any other use in this state of tangible personal property 2169 |
---|
3168 | | - | purchased from any retailer for storage, acceptance, consumption or any 2170 |
---|
3169 | | - | other use in this state, the acceptance or receipt of any services 2171 |
---|
3170 | | - | constituting a sale in accordance with subdivision (2) of subsection (a) 2172 |
---|
3171 | | - | of section 12-407, purchased from any retailer for consumption or use in 2173 |
---|
3172 | | - | this state, or the storage, acceptance, consumption or any other use in 2174 |
---|
3173 | | - | this state of tangible personal property which has been manufactured, 2175 |
---|
3174 | | - | fabricated, assembled or processed from materials by a person, either 2176 |
---|
3175 | | - | within or without this state, for storage, acceptance, consumption or any 2177 |
---|
3176 | | - | other use by such person in this state, to be measured by the sales price 2178 |
---|
3177 | | - | of materials, at the rate of six and thirty-five-hundredths per cent of the 2179 |
---|
3178 | | - | sales price of such property or services, except, in lieu of said rate: 2180 |
---|
3179 | | - | (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or lodging 2181 |
---|
3180 | | - | house for the first period not exceeding thirty consecutive calendar 2182 |
---|
3181 | | - | days; 2183 |
---|
3182 | | - | (ii) At a rate of eleven per cent of the rent paid to a bed and breakfast 2184 |
---|
3183 | | - | establishment for the first period not exceeding thirty consecutive 2185 |
---|
3184 | | - | calendar days; 2186 |
---|
3185 | | - | (C) With respect to the storage, acceptance, consumption or use in 2187 |
---|
3186 | | - | this state of a motor vehicle purchased from any retailer for storage, 2188 |
---|
3187 | | - | acceptance, consumption or use in this state by any individual who is a 2189 |
---|
3188 | | - | member of the armed forces of the United States and is on full-time 2190 |
---|
3189 | | - | active duty in Connecticut and who is considered, under 50 App USC 2191 |
---|
3190 | | - | 574, a resident of another state, or to any such individual and the spouse 2192 |
---|
3191 | | - | of such individual at a rate of four and one-half per cent of the sales price 2193 |
---|
3192 | | - | of such vehicle, provided such retailer requires and maintains a 2194 |
---|
3193 | | - | declaration by such individual, prescribed as to form by the 2195 |
---|
3194 | | - | commissioner and bearing notice to the effect that false statements made 2196 |
---|
3195 | | - | in such declaration are punishable, or other evidence, satisfactory to the 2197 |
---|
3196 | | - | commissioner, concerning the purchaser's state of residence under 50 2198 |
---|
3197 | | - | App USC 574; 2199 |
---|
3198 | | - | (D) (i) With respect to the acceptance or receipt in this state of labor 2200 Substitute Bill No. 981 |
---|
3199 | | - | |
---|
3200 | | - | |
---|
3201 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3202 | | - | 00981-R01-SB.docx } |
---|
3203 | | - | 82 of 99 |
---|
3204 | | - | |
---|
3205 | | - | that is otherwise taxable under subparagraph (C) or (G) of subdivision 2201 |
---|
3206 | | - | (2) of subsection (a) of section 12-407 on existing vessels and repair or 2202 |
---|
3207 | | - | maintenance services on vessels occurring on and after July 1, 1999, such 2203 |
---|
3208 | | - | services shall be exempt from such tax; 2204 |
---|
3209 | | - | (ii) (I) With respect to the storage, acceptance or other use of a vessel 2205 |
---|
3210 | | - | in this state, at the rate of two and ninety-nine-hundredths per cent, 2206 |
---|
3211 | | - | except that such storage, acceptance or other use shall be exempt from 2207 |
---|
3212 | | - | such tax if such vessel is docked in this state for sixty or fewer days in a 2208 |
---|
3213 | | - | calendar year; 2209 |
---|
3214 | | - | (II) With respect to the storage, acceptance or other use of a motor for 2210 |
---|
3215 | | - | a vessel or a trailer used for transporting a vessel in this state, at the rate 2211 |
---|
3216 | | - | of two and ninety-nine-hundredths per cent; 2212 |
---|
3217 | | - | (III) With respect to the storage, acceptance or other use of dyed diesel 2213 |
---|
3218 | | - | fuel, as defined in subsection (d) of section 12-487, exclusively for 2214 |
---|
3219 | | - | marine purposes, at the rate of two and ninety-nine-hundredths per 2215 |
---|
3220 | | - | cent; 2216 |
---|
3221 | | - | (E) (i) With respect to the acceptance or receipt in this state of 2217 |
---|
3222 | | - | computer and data processing services purchased from any retailer for 2218 |
---|
3223 | | - | consumption or use in this state occurring on or after July 1, 2001, at the 2219 |
---|
3224 | | - | rate of one per cent of such services, and (ii) with respect to the 2220 |
---|
3225 | | - | acceptance or receipt in this state of Internet access services, on and after 2221 |
---|
3226 | | - | July 1, 2001, such services shall be exempt from such tax; 2222 |
---|
3227 | | - | (F) With respect to the acceptance or receipt in this state of patient 2223 |
---|
3228 | | - | care services purchased from any retailer for consumption or use in this 2224 |
---|
3229 | | - | state for which payment is received by the hospital on or after July 1, 2225 |
---|
3230 | | - | 1999, and prior to July 1, 2001, at the rate of five and three-fourths per 2226 |
---|
3231 | | - | cent and on and after July 1, 2001, such services shall be exempt from 2227 |
---|
3232 | | - | such tax; 2228 |
---|
3233 | | - | (G) With respect to the rental or leasing of a passenger motor vehicle 2229 |
---|
3234 | | - | for a period of thirty consecutive calendar days or less, at a rate of nine 2230 |
---|
3235 | | - | and thirty-five-hundredths per cent; 2231 Substitute Bill No. 981 |
---|
3236 | | - | |
---|
3237 | | - | |
---|
3238 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3239 | | - | 00981-R01-SB.docx } |
---|
3240 | | - | 83 of 99 |
---|
3241 | | - | |
---|
3242 | | - | (H) With respect to the acceptance or receipt in this state of (i) a motor 2232 |
---|
3243 | | - | vehicle for a sales price exceeding fifty thousand dollars, at a rate of 2233 |
---|
3244 | | - | seven and three-fourths per cent on the entire sales price, (ii) jewelry, 2234 |
---|
3245 | | - | whether real or imitation, for a sales price exceeding five thousand 2235 |
---|
3246 | | - | dollars, at a rate of seven and three-fourths per cent on the entire sales 2236 |
---|
3247 | | - | price, and (iii) an article of clothing or footwear intended to be worn on 2237 |
---|
3248 | | - | or about the human body, a handbag, luggage, umbrella, wallet or 2238 |
---|
3249 | | - | watch for a sales price exceeding one thousand dollars, at a rate of seven 2239 |
---|
3250 | | - | and three-fourths per cent on the entire sales price. For purposes of this 2240 |
---|
3251 | | - | subparagraph, "motor vehicle" has the meaning provided in section 14-2241 |
---|
3252 | | - | 1, but does not include a motor vehicle subject to the provisions of 2242 |
---|
3253 | | - | subparagraph (C) of this subdivision, a motor vehicle having a gross 2243 |
---|
3254 | | - | vehicle weight rating over twelve thousand five hundred pounds, or a 2244 |
---|
3255 | | - | motor vehicle having a gross vehicle weight rating of twelve thousand 2245 |
---|
3256 | | - | five hundred pounds or less that is not used for private passenger 2246 |
---|
3257 | | - | purposes, but is designed or used to transport merchandise, freight or 2247 |
---|
3258 | | - | persons in connection with any business enterprise and issued a 2248 |
---|
3259 | | - | commercial registration or more specific type of registration by the 2249 |
---|
3260 | | - | Department of Motor Vehicles; 2250 |
---|
3261 | | - | (I) With respect to the acceptance or receipt in this state of meals, as 2251 |
---|
3262 | | - | defined in subdivision (13) of section 12-412, sold by an eating 2252 |
---|
3263 | | - | establishment, caterer or grocery store; and spirituous, malt or vinous 2253 |
---|
3264 | | - | liquors, soft drinks, sodas or beverages such as are ordinarily dispensed 2254 |
---|
3265 | | - | at bars and soda fountains, or in connection therewith; in addition to the 2255 |
---|
3266 | | - | tax imposed under subparagraph (A) of this subdivision, at the rate of 2256 |
---|
3267 | | - | one per cent; 2257 |
---|
3268 | | - | (J) (i) For calendar quarters ending on or after September 30, 2019, the 2258 |
---|
3269 | | - | commissioner shall deposit into the regional planning incentive 2259 |
---|
3270 | | - | account, established pursuant to section 4-66k, six and seven-tenths per 2260 |
---|
3271 | | - | cent of the amounts received by the state from the tax imposed under 2261 |
---|
3272 | | - | subparagraph (B) of this subdivision and ten and seven-tenths per cent 2262 |
---|
3273 | | - | of the amounts received by the state from the tax imposed under 2263 |
---|
3274 | | - | subparagraph (G) of this subdivision; 2264 Substitute Bill No. 981 |
---|
3275 | | - | |
---|
3276 | | - | |
---|
3277 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3278 | | - | 00981-R01-SB.docx } |
---|
3279 | | - | 84 of 99 |
---|
3280 | | - | |
---|
3281 | | - | (ii) For calendar quarters ending on or after September 30, 2018, the 2265 |
---|
3282 | | - | commissioner shall deposit into the Tourism Fund established under 2266 |
---|
3283 | | - | section 10-395b ten per cent of the amounts received by the state from 2267 |
---|
3284 | | - | the tax imposed under subparagraph (B) of this subdivision; 2268 |
---|
3285 | | - | (K) For calendar months commencing on or after July 1, 2021, the 2269 |
---|
3286 | | - | commissioner shall deposit into said municipal revenue sharing account 2270 |
---|
3287 | | - | seven and nine-tenths per cent of the amounts received by the state from 2271 |
---|
3288 | | - | the tax imposed under subparagraph (A) of this subdivision; [and] 2272 |
---|
3289 | | - | (L) (i) For calendar months commencing on or after July 1, 2017, the 2273 |
---|
3290 | | - | commissioner shall deposit into said Special Transportation Fund seven 2274 |
---|
3291 | | - | and nine-tenths per cent of the amounts received by the state from the 2275 |
---|
3292 | | - | tax imposed under subparagraph (A) of this subdivision; 2276 |
---|
3293 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 2277 |
---|
3294 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 2278 |
---|
3295 | | - | Transportation Fund established under section 13b-68 eight per cent of 2279 |
---|
3296 | | - | the amounts received by the state from the tax imposed under 2280 |
---|
3297 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 2281 |
---|
3298 | | - | receipt in this state of a motor vehicle; 2282 |
---|
3299 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 2283 |
---|
3300 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 2284 |
---|
3301 | | - | Transportation Fund established under section 13b-68 seventeen per 2285 |
---|
3302 | | - | cent of the amounts received by the state from the tax imposed under 2286 |
---|
3303 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 2287 |
---|
3304 | | - | receipt in this state of a motor vehicle; 2288 |
---|
3305 | | - | (iv) For calendar months commencing on or after July 1, 2020, but 2289 |
---|
3306 | | - | prior to July 1, 2021, the commissioner shall deposit into the Special 2290 |
---|
3307 | | - | Transportation Fund established under section 13b-68 twenty-five per 2291 |
---|
3308 | | - | cent of the amounts received by the state from the tax imposed under 2292 |
---|
3309 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 2293 |
---|
3310 | | - | receipt in this state of a motor vehicle; 2294 |
---|
3311 | | - | (v) For calendar months commencing on or after July 1, 2021, but 2295 Substitute Bill No. 981 |
---|
3312 | | - | |
---|
3313 | | - | |
---|
3314 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3315 | | - | 00981-R01-SB.docx } |
---|
3316 | | - | 85 of 99 |
---|
3317 | | - | |
---|
3318 | | - | prior to July 1, 2022, the commissioner shall deposit into the Special 2296 |
---|
3319 | | - | Transportation Fund established under section 13b-68 seventy-five per 2297 |
---|
3320 | | - | cent of the amounts received by the state from the tax imposed under 2298 |
---|
3321 | | - | subparagraphs (A) and (H) of this subdivision on the acceptance or 2299 |
---|
3322 | | - | receipt in this state of a motor vehicle; and 2300 |
---|
3323 | | - | (vi) For calendar months commencing on or after July 1, 2022, the 2301 |
---|
3324 | | - | commissioner shall deposit into the Special Transportation Fund 2302 |
---|
3325 | | - | established under section 13b-68 one hundred per cent of the amounts 2303 |
---|
3326 | | - | received by the state from the tax imposed under subparagraphs (A) 2304 |
---|
3327 | | - | and (H) of this subdivision on the acceptance or receipt in this state of a 2305 |
---|
3328 | | - | motor vehicle; and 2306 |
---|
3329 | | - | (M) For calendar months commencing on or after July 1, 2023, the 2307 |
---|
3330 | | - | commissioner shall deposit the following percentages of the amount 2308 |
---|
3331 | | - | received by the state from the tax imposed under subparagraph (I) of 2309 |
---|
3332 | | - | this subdivision: (i) Fifty per cent into the municipal host grants account 2310 |
---|
3333 | | - | established under section 18 of this act; (ii) twenty-five per cent into the 2311 |
---|
3334 | | - | arts, culture and tourism account established under section 19 of this 2312 |
---|
3335 | | - | act; and (iii) twenty-five per cent into the municipal needs capacity 2313 |
---|
3336 | | - | account established under section 20 of this act. 2314 |
---|
3337 | | - | Sec. 18. (NEW) (Effective July 1, 2023) There is established an account 2315 |
---|
3338 | | - | to be known as the "municipal host grants account" which shall be a 2316 |
---|
3339 | | - | separate, nonlapsing account within the General Fund. The account 2317 |
---|
3340 | | - | shall contain any moneys required by law to be deposited in the account. 2318 |
---|
3341 | | - | Moneys in the account shall be expended by the Office of Policy and 2319 |
---|
3342 | | - | Management for the purpose of distributing funds to municipalities in 2320 |
---|
3343 | | - | which businesses that have remitted the tax under subparagraph (I) of 2321 |
---|
3344 | | - | subdivision (1) of section 12-408 of the general statutes, as amended by 2322 |
---|
3345 | | - | this act, and subparagraph (I) of subdivision (1) of section 12-411 of the 2323 |
---|
3346 | | - | general statutes, as amended by this act, are located. 2324 |
---|
3347 | | - | Sec. 19. (NEW) (Effective July 1, 2023) There is established an account 2325 |
---|
3348 | | - | to be known as the "arts, culture and tourism account" which shall be a 2326 |
---|
3349 | | - | separate, nonlapsing account within the General Fund. The account 2327 Substitute Bill No. 981 |
---|
3350 | | - | |
---|
3351 | | - | |
---|
3352 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
---|
3353 | | - | 00981-R01-SB.docx } |
---|
3354 | | - | 86 of 99 |
---|
3355 | | - | |
---|
3356 | | - | shall contain any moneys required by law to be deposited in the account. 2328 |
---|
3357 | | - | Moneys in the account shall be expended by the Department of 2329 |
---|
3358 | | - | Economic and Community Development for the purpose of providing 2330 |
---|
3359 | | - | arts, culture and tourism grants in accordance with the department's 2331 |
---|
3360 | | - | duties under chapter 184b of the general statutes. 2332 |
---|
3361 | | - | Sec. 20. (NEW) (Effective July 1, 2023) There is established an account 2333 |
---|
3362 | | - | to be known as the "municipal needs capacity account" which shall be a 2334 |
---|
3363 | | - | separate, nonlapsing account within the General Fund. The account 2335 |
---|
3364 | | - | shall contain any moneys required by law to be deposited in the account. 2336 |
---|
3365 | | - | Moneys in the account shall be expended by the Office of Policy and 2337 |
---|
3366 | | - | Management for the purpose of distributing funds to municipalities 2338 |
---|
3367 | | - | according to each municipality's municipal needs capacity gap metric, 2339 |
---|
3368 | | - | as calculated by the Secretary of the Office of Policy and Management 2340 |
---|
3369 | | - | in accordance with the methodologies used in the May, 2015 New 2341 |
---|
3370 | | - | England Public Policy Center Research Report 15-1. 2342 |
---|
3371 | | - | Sec. 21. (NEW) (Effective from passage) (a) Commencing July 1, 2023, 2343 |
---|
3372 | | - | the Commissioner of Revenue Services shall track and record the source 2344 |
---|
3373 | | - | of the revenue received by the state each fiscal year from the tax 2345 |
---|
3374 | | - | imposed under chapters 208, 219 and 229 of the general statutes, for the 2346 |
---|
3375 | | - | purpose of accurately and fairly attributing to each municipality 2347 |
---|
3376 | | - | revenue received from each such tax. The commissioner shall determine 2348 |
---|
3377 | | - | the sourcing method for the revenue from the tax imposed under 2349 |
---|
3378 | | - | chapters 208 and 219 of the general statutes, provided such revenue is 2350 |
---|
3379 | | - | sourced to each municipality in which the taxpayer has an office or 2351 |
---|
3380 | | - | facility in the state. The revenue from the tax imposed under chapter 229 2352 |
---|
3381 | | - | of the general statutes shall be sourced to the municipality in which the 2353 |
---|
3382 | | - | employer's office or facility is located, for the employees who work 2354 |
---|
3383 | | - | primarily at such location. Taxpayers paying a tax specified in this 2355 |
---|
3384 | | - | subsection shall provide disaggregated information and such other data 2356 |
---|
3385 | | - | the commissioner requests to carry out the provisions of this section. On 2357 |
---|
3386 | | - | or before June 30, 2024, and annually thereafter, the commissioner shall 2358 |
---|
3387 | | - | post on the Department of Revenue Service's Internet web site a list of 2359 |
---|
3388 | | - | all municipalities and the amount of revenue from each such tax 2360 Substitute Bill No. 981 |
---|
3389 | | - | |
---|
3390 | | - | |
---|
3391 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3392 | | - | 00981-R01-SB.docx } |
---|
3393 | | - | 87 of 99 |
---|
3394 | | - | |
---|
3395 | | - | attributed to the municipality for the applicable fiscal year. 2361 |
---|
3396 | | - | (b) (1) Prior to July 1, 2023, and annually thereafter, the Secretary of 2362 |
---|
3397 | | - | the Office of Policy and Management shall calculate, based on the 2363 |
---|
3398 | | - | statement of estimated revenue supplied by the joint standing 2364 |
---|
3399 | | - | committee of the General Assembly having cognizance of matters 2365 |
---|
3400 | | - | relating to state finance, revenue and bonding pursuant to subsection 2366 |
---|
3401 | | - | (b) of section 2-35 of the general statutes, growth rate projections on a 2367 |
---|
3402 | | - | municipal basis for each tax specified in subsection (a) of this section. 2368 |
---|
3403 | | - | (2) On or before January 1, 2024, and annually thereafter, the 2369 |
---|
3404 | | - | secretary shall calculate and post on the Office of Policy and 2370 |
---|
3405 | | - | Management's Internet web site a municipal needs capacity gap metric 2371 |
---|
3406 | | - | for each municipality. Such metric shall be calculated in accordance with 2372 |
---|
3407 | | - | the methodologies used in the May, 2015 New England Public Policy 2373 |
---|
3408 | | - | Center Research Report 15-1. 2374 |
---|
3409 | | - | (c) There is established an account to be known as the "municipal tax 2375 |
---|
3410 | | - | revenue account" which shall be a separate, nonlapsing account within 2376 |
---|
3411 | | - | the General Fund. The account shall contain any moneys required by 2377 |
---|
3412 | | - | law to be deposited in the account. Moneys in the account shall be 2378 |
---|
3413 | | - | expended by the Secretary of the Office of Policy and Management for 2379 |
---|
3414 | | - | the purposes of this section. 2380 |
---|
3415 | | - | (d) Commencing with the fiscal year ending June 30, 2025, and each 2381 |
---|
3416 | | - | fiscal year thereafter, the Comptroller shall transfer from the General 2382 |
---|
3417 | | - | Fund to the municipal tax revenue account, established under 2383 |
---|
3418 | | - | subsection (c) of this section, any amount of each tax set forth in 2384 |
---|
3419 | | - | subsection (a) of this section that exceeds the projected growth rate 2385 |
---|
3420 | | - | calculated for such tax pursuant to subdivision (1) of subsection (b) of 2386 |
---|
3421 | | - | this section. 2387 |
---|
3422 | | - | (e) (1) When the amount in the municipal tax revenue account reaches 2388 |
---|
3423 | | - | forty million dollars, the Secretary of the Office of Policy and 2389 |
---|
3424 | | - | Management shall commence disbursing grants to municipalities on an 2390 |
---|
3425 | | - | annual basis in accordance with the provisions of this subsection, 2391 Substitute Bill No. 981 |
---|
3426 | | - | |
---|
3427 | | - | |
---|
3428 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3429 | | - | 00981-R01-SB.docx } |
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3430 | | - | 88 of 99 |
---|
3431 | | - | |
---|
3432 | | - | provided the balance in the account may not fall below twenty million 2392 |
---|
3433 | | - | dollars. 2393 |
---|
3434 | | - | (2) The secretary shall calculate, for each municipality for which the 2394 |
---|
3435 | | - | Commissioner of Revenue Services has attributed tax revenue under 2395 |
---|
3436 | | - | subsection (a) of this section, the portion of the excess revenue deposited 2396 |
---|
3437 | | - | in the account from each tax that is attributable to such municipality. 2397 |
---|
3438 | | - | Each such municipality shall receive a grant of sixty per cent of such 2398 |
---|
3439 | | - | portion. 2399 |
---|
3440 | | - | (3) If any funds in the account remain available for disbursement after 2400 |
---|
3441 | | - | the grants under subdivision (2) of this subsection have been paid for 2401 |
---|
3442 | | - | the fiscal year, the Secretary of the Office of Policy and Management 2402 |
---|
3443 | | - | shall distribute additional grants proportionately to municipalities for 2403 |
---|
3444 | | - | which the secretary has calculated a positive gap metric under 2404 |
---|
3445 | | - | subdivision (2) of subsection (b) of this section. 2405 |
---|
3446 | | - | Sec. 22. (Effective from passage) (a) For each of the fiscal years ending 2406 |
---|
3447 | | - | June 30, 2023, and June 30, 2024, up to three hundred million dollars of 2407 |
---|
3448 | | - | the resources of the General Fund that exceed the statement of estimated 2408 |
---|
3449 | | - | revenue supplied by the joint standing committee of the General 2409 |
---|
3450 | | - | Assembly having cognizance of matters relating to state finance, 2410 |
---|
3451 | | - | revenue and bonding pursuant to subsection (b) of section 2-35 of the 2411 |
---|
3452 | | - | general statutes shall be transferred to the supplemental grants in lieu 2412 |
---|
3453 | | - | of taxes account established under subsection (b) of this section. 2413 |
---|
3454 | | - | (b) There is established an account to be known as the "supplemental 2414 |
---|
3455 | | - | grants in lieu of taxes account" which shall be a separate, nonlapsing 2415 |
---|
3456 | | - | account within the General Fund. The account shall contain any moneys 2416 |
---|
3457 | | - | required by law to be deposited in the account. Moneys in the account 2417 |
---|
3458 | | - | shall be expended by the Secretary of the Office of Policy and 2418 |
---|
3459 | | - | Management for the purposes of paying the grants under section 12-18b 2419 |
---|
3460 | | - | of the general statutes. 2420 |
---|
3461 | | - | Sec. 23. Subdivision (4) of subsection (a) of section 12-217 of the 2421 |
---|
3462 | | - | general statutes is repealed and the following is substituted in lieu 2422 Substitute Bill No. 981 |
---|
3463 | | - | |
---|
3464 | | - | |
---|
3465 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3466 | | - | 00981-R01-SB.docx } |
---|
3467 | | - | 89 of 99 |
---|
3468 | | - | |
---|
3469 | | - | thereof (Effective October 1, 2023): 2423 |
---|
3470 | | - | (4) Notwithstanding any provision of this section: [to the contrary,] 2424 |
---|
3471 | | - | (A) [any] Any excess of the deductions provided in this section for 2425 |
---|
3472 | | - | any income year commencing on or after January 1, 1973, over the gross 2426 |
---|
3473 | | - | income for such year or the amount of such excess apportioned to this 2427 |
---|
3474 | | - | state under the provisions of this chapter, shall be an operating loss of 2428 |
---|
3475 | | - | such income year and shall be deductible as an operating loss carry-over 2429 |
---|
3476 | | - | for operating losses incurred prior to income years commencing January 2430 |
---|
3477 | | - | 1, 2000, in each of the five income years following such loss year; [, and] 2431 |
---|
3478 | | - | for operating losses incurred in income years commencing on or after 2432 |
---|
3479 | | - | January 1, 2000, and prior to January 1, 2015, in each of the twenty 2433 |
---|
3480 | | - | income years following such loss year; [,] and for operating losses 2434 |
---|
3481 | | - | incurred in income years commencing on or after January 1, 2015, in 2435 |
---|
3482 | | - | each of the thirty income years following such loss year; except that: 2436 |
---|
3483 | | - | (i) [for] For income years commencing prior to January 1, 2015, the 2437 |
---|
3484 | | - | portion of such operating loss [which] that may be deducted as an 2438 |
---|
3485 | | - | operating loss carry-over in any income year following such loss year 2439 |
---|
3486 | | - | shall be limited to the lesser of (I) any net income greater than zero of 2440 |
---|
3487 | | - | such income year following such loss year, or in the case of a company 2441 |
---|
3488 | | - | entitled to apportion its net income under the provisions of this chapter, 2442 |
---|
3489 | | - | the amount of such net income [which] that is apportioned to this state 2443 |
---|
3490 | | - | pursuant thereto, or (II) the excess, if any, of such operating loss over 2444 |
---|
3491 | | - | the total of such net income for each of any prior income years following 2445 |
---|
3492 | | - | such loss year, such net income of each of such prior income years 2446 |
---|
3493 | | - | following such loss year for such purposes being computed without 2447 |
---|
3494 | | - | regard to any operating loss carry-over from such loss year allowed 2448 |
---|
3495 | | - | under this subparagraph and being regarded as not less than zero, and 2449 |
---|
3496 | | - | provided further the operating loss of any income year shall be 2450 |
---|
3497 | | - | deducted in any subsequent year, to the extent available for such 2451 |
---|
3498 | | - | deduction, before the operating loss of any subsequent income year is 2452 |
---|
3499 | | - | deducted; [,] 2453 |
---|
3500 | | - | (ii) [for] For income years commencing on or after January 1, 2015, 2454 Substitute Bill No. 981 |
---|
3501 | | - | |
---|
3502 | | - | |
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3503 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3504 | | - | 00981-R01-SB.docx } |
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3505 | | - | 90 of 99 |
---|
3506 | | - | |
---|
3507 | | - | the portion of such operating loss [which] that may be deducted as an 2455 |
---|
3508 | | - | operating loss carry-over in any income year following such loss year 2456 |
---|
3509 | | - | shall be limited to the lesser of (I) fifty per cent of net income of such 2457 |
---|
3510 | | - | income year following such loss year, or in the case of a company 2458 |
---|
3511 | | - | entitled to apportion its net income under the provisions of this chapter, 2459 |
---|
3512 | | - | fifty per cent of such net income [which] that is apportioned to this state 2460 |
---|
3513 | | - | pursuant thereto, or (II) the excess, if any, of such operating loss over 2461 |
---|
3514 | | - | the operating loss deductions allowable with respect to such operating 2462 |
---|
3515 | | - | loss under this subparagraph for each of any prior income years 2463 |
---|
3516 | | - | following such loss year, such net income of each of such prior income 2464 |
---|
3517 | | - | years following such loss year for such purposes being computed 2465 |
---|
3518 | | - | without regard to any operating loss carry-over from such loss year 2466 |
---|
3519 | | - | allowed under this subparagraph and being regarded as not less than 2467 |
---|
3520 | | - | zero, and provided further the operating loss of any income year shall 2468 |
---|
3521 | | - | be deducted in any subsequent year, to the extent available for such 2469 |
---|
3522 | | - | deduction, before the operating loss of any subsequent income year is 2470 |
---|
3523 | | - | deducted; [,] and 2471 |
---|
3524 | | - | (iii) [if] If a combined group so elects, the combined group shall 2472 |
---|
3525 | | - | relinquish fifty per cent of its unused operating losses incurred prior to 2473 |
---|
3526 | | - | the income year commencing on or after January 1, 2015, and before 2474 |
---|
3527 | | - | January 1, 2016, and may utilize the remaining operating loss carry-over 2475 |
---|
3528 | | - | without regard to the limitations prescribed in subparagraph (A)(ii) of 2476 |
---|
3529 | | - | this subdivision. The portion of such operating loss carry-over that may 2477 |
---|
3530 | | - | be deducted shall be limited to the amount required to reduce a 2478 |
---|
3531 | | - | combined group's tax under this chapter, prior to surtax and prior to the 2479 |
---|
3532 | | - | application of credits, to two million five hundred thousand dollars in 2480 |
---|
3533 | | - | any income year commencing on or after January 1, 2015. Only after the 2481 |
---|
3534 | | - | combined group's remaining operating loss carry-over for operating 2482 |
---|
3535 | | - | losses incurred prior to income years commencing January 1, 2015, has 2483 |
---|
3536 | | - | been fully utilized, will the limitations prescribed in subparagraph 2484 |
---|
3537 | | - | (A)(ii) of this subdivision apply. The combined group, or any member 2485 |
---|
3538 | | - | thereof, shall make such election on its return for the income year 2486 |
---|
3539 | | - | beginning on or after January 1, 2015, and before January 1, 2016, by the 2487 |
---|
3540 | | - | due date for such return, including any extensions. Only combined 2488 Substitute Bill No. 981 |
---|
3541 | | - | |
---|
3542 | | - | |
---|
3543 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3544 | | - | 00981-R01-SB.docx } |
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3545 | | - | 91 of 99 |
---|
3546 | | - | |
---|
3547 | | - | groups with unused operating losses in excess of six billion dollars from 2489 |
---|
3548 | | - | income years beginning prior to January 1, 2013, may make the election 2490 |
---|
3549 | | - | prescribed in this clause; [,] and 2491 |
---|
3550 | | - | (B) [any] Any net capital loss, as defined in the Internal Revenue Code 2492 |
---|
3551 | | - | effective and in force on the last day of the income year, for any income 2493 |
---|
3552 | | - | year commencing on or after January 1, 1973, shall be allowed as a 2494 |
---|
3553 | | - | capital loss carry-over to reduce, but not below zero, any net capital 2495 |
---|
3554 | | - | gain, as so defined, in each of the five following income years, in order 2496 |
---|
3555 | | - | of sequence, to the extent not exhausted by the net capital gain of any of 2497 |
---|
3556 | | - | the preceding of such five following income years; [,] and 2498 |
---|
3557 | | - | (C) [any] Any net capital losses allowed and carried forward from 2499 |
---|
3558 | | - | prior years to income years beginning on or after January 1, 1973, for 2500 |
---|
3559 | | - | federal income tax purposes by companies entitled to a deduction for 2501 |
---|
3560 | | - | dividends paid under the Internal Revenue Code other than companies 2502 |
---|
3561 | | - | subject to the gross earnings taxes imposed under chapters 211 and 212, 2503 |
---|
3562 | | - | shall be allowed as a capital loss carry-over. 2504 |
---|
3563 | | - | Sec. 24. Section 12-217w of the general statutes is repealed and the 2505 |
---|
3564 | | - | following is substituted in lieu thereof (Effective January 1, 2024): 2506 |
---|
3565 | | - | (a) For purposes of this section: [, "fixed capital"] 2507 |
---|
3566 | | - | (1) "Fixed capital" means tangible personal property [which (1)] that 2508 |
---|
3567 | | - | (A) has a class life, in years, of more than four years, as described in 2509 |
---|
3568 | | - | Section 168(e) of the Internal Revenue Code of 1986, or any subsequent 2510 |
---|
3569 | | - | corresponding internal revenue code of the United States, as amended 2511 |
---|
3570 | | - | from time to time, [amended, (2)] (B) is acquired by purchase from a 2512 |
---|
3571 | | - | person other than a related person, [(3)] (C) is not acquired to be leased, 2513 |
---|
3572 | | - | and is not leased, to another person or persons during the twelve full 2514 |
---|
3573 | | - | months following its acquisition, and [(4)] (D) will be held and used in 2515 |
---|
3574 | | - | this state by (i) for purposes of subdivision (1) of subsection (b) of this 2516 |
---|
3575 | | - | section, a corporation in the ordinary course of the corporation's trade 2517 |
---|
3576 | | - | or business in this state for not less than five full years following its 2518 |
---|
3577 | | - | acquisition, or (ii) for purposes of subdivision (2) of subsection (b) of this 2519 Substitute Bill No. 981 |
---|
3578 | | - | |
---|
3579 | | - | |
---|
3580 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3581 | | - | 00981-R01-SB.docx } |
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3582 | | - | 92 of 99 |
---|
3583 | | - | |
---|
3584 | | - | section, a limited liability company in the ordinary course of the limited 2520 |
---|
3585 | | - | liability company's trade or business in this state for not less than five 2521 |
---|
3586 | | - | full years following its acquisition. "Fixed capital" does not include 2522 |
---|
3587 | | - | inventory, land, buildings or structures [,] or mobile transportation 2523 |
---|
3588 | | - | property; [. With] 2524 |
---|
3589 | | - | (2) "Related person" means, with respect to a corporation claiming a 2525 |
---|
3590 | | - | credit under this section, [a "related person" means] (A) a corporation, 2526 |
---|
3591 | | - | partnership, association or trust controlled by such corporation, [;] (B) 2527 |
---|
3592 | | - | an individual, corporation, partnership, association or trust that is in 2528 |
---|
3593 | | - | control of such corporation, [;] (C) a corporation, partnership, 2529 |
---|
3594 | | - | association or trust controlled by an individual, corporation, 2530 |
---|
3595 | | - | partnership, association or trust that is in control of such corporation, [;] 2531 |
---|
3596 | | - | or (D) a member of the same controlled group as such corporation; [. For 2532 |
---|
3597 | | - | purposes of this section, "control",] 2533 |
---|
3598 | | - | (3) "Control" means (A) with respect to a corporation, [means] 2534 |
---|
3599 | | - | ownership, directly or indirectly, of stock possessing fifty per cent or 2535 |
---|
3600 | | - | more of the total combined voting power of all classes of the stock of 2536 |
---|
3601 | | - | such corporation entitled to vote, [;] or (B) with respect to a trust, 2537 |
---|
3602 | | - | [means] ownership, directly or indirectly, of fifty per cent or more of the 2538 |
---|
3603 | | - | beneficial interest in the principal or income of such trust. The 2539 |
---|
3604 | | - | ownership of stock in a corporation, of a capital or profits interest in a 2540 |
---|
3605 | | - | partnership or association or of a beneficial interest in a trust shall be 2541 |
---|
3606 | | - | determined in accordance with the rules for constructive ownership of 2542 |
---|
3607 | | - | stock provided in Section 267(c) of the Internal Revenue Code of 1986, 2543 |
---|
3608 | | - | or any subsequent corresponding internal revenue code of the United 2544 |
---|
3609 | | - | States, as amended from time to time, [amended,] other than paragraph 2545 |
---|
3610 | | - | (3) of [such] said section. 2546 |
---|
3611 | | - | (b) (1) There shall be allowed a credit for any corporation against the 2547 |
---|
3612 | | - | tax imposed under this chapter in an amount paid or incurred by such 2548 |
---|
3613 | | - | corporation for any new fixed capital investment during the income 2549 |
---|
3614 | | - | year in which such fixed capital is acquired as follows: For any income 2550 |
---|
3615 | | - | year commencing on or after [January 1, 1998, and prior to January 1, 2551 |
---|
3616 | | - | 1999, equal to three per cent of such amount paid or incurred by the 2552 Substitute Bill No. 981 |
---|
3617 | | - | |
---|
3618 | | - | |
---|
3619 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3620 | | - | 00981-R01-SB.docx } |
---|
3621 | | - | 93 of 99 |
---|
3622 | | - | |
---|
3623 | | - | corporation during such income year; for any income year commencing 2553 |
---|
3624 | | - | on or after] January 1, 1999, and prior to January 1, 2000, equal to four 2554 |
---|
3625 | | - | per cent of such amount paid or incurred by the corporation during such 2555 |
---|
3626 | | - | income year; and for any income year commencing on or after January 2556 |
---|
3627 | | - | 1, 2000, equal to five per cent of such amount paid or incurred by the 2557 |
---|
3628 | | - | corporation during such income year. 2558 |
---|
3629 | | - | (2) There shall be allowed an additional credit against the tax 2559 |
---|
3630 | | - | imposed under this chapter for any corporation that owns at least eighty 2560 |
---|
3631 | | - | per cent, directly or indirectly, of a limited liability company that is, for 2561 |
---|
3632 | | - | federal income tax purposes, treated as a partnership or disregarded as 2562 |
---|
3633 | | - | an entity separate from its owner, in an amount paid or incurred by such 2563 |
---|
3634 | | - | limited liability company for any new fixed capital investment during 2564 |
---|
3635 | | - | the income year in which such fixed capital is acquired as follows: For 2565 |
---|
3636 | | - | any income year commencing on or after January 1, 2024, equal to five 2566 |
---|
3637 | | - | per cent of such amount paid or incurred by the limited liability 2567 |
---|
3638 | | - | company. 2568 |
---|
3639 | | - | (c) The total amount of [such credit] the credits allowed to any 2569 |
---|
3640 | | - | corporation under this section shall not exceed the amount of tax due 2570 |
---|
3641 | | - | from such corporation under this chapter with respect to such income 2571 |
---|
3642 | | - | year. 2572 |
---|
3643 | | - | (d) No corporation claiming [the] a credit under this section and no 2573 |
---|
3644 | | - | limited liability for which a corporation is claiming a credit under this 2574 |
---|
3645 | | - | section, with respect to the acquisition of fixed capital, [as defined in 2575 |
---|
3646 | | - | subsection (a) of this section,] may claim a credit against any tax under 2576 |
---|
3647 | | - | any other provision of the general statutes with respect to the same 2577 |
---|
3648 | | - | acquisition. 2578 |
---|
3649 | | - | (e) Any tax credit not used in the income year during which the 2579 |
---|
3650 | | - | acquisition was made may be carried forward for the five immediately 2580 |
---|
3651 | | - | succeeding income years until the full credit has been allowed. 2581 |
---|
3652 | | - | (f) If the fixed capital on account of which a corporation has claimed 2582 |
---|
3653 | | - | the credit allowed by this section is not held and used in this state in the 2583 Substitute Bill No. 981 |
---|
3654 | | - | |
---|
3655 | | - | |
---|
3656 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3657 | | - | 00981-R01-SB.docx } |
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3658 | | - | 94 of 99 |
---|
3659 | | - | |
---|
3660 | | - | ordinary course of the corporation's trade or business in this state for 2584 |
---|
3661 | | - | three full years following its acquisition as provided in subsection (a) of 2585 |
---|
3662 | | - | this section, the corporation shall recapture one hundred per cent of the 2586 |
---|
3663 | | - | amount of the credit allowed under this section on its corporation 2587 |
---|
3664 | | - | business tax return required to be filed for the income year immediately 2588 |
---|
3665 | | - | succeeding the income year during which such three-year period 2589 |
---|
3666 | | - | expires. If the fixed capital on account of which a corporation has 2590 |
---|
3667 | | - | claimed the credit allowed by this section is not held and used in this 2591 |
---|
3668 | | - | state in the ordinary course of the corporation's trade or business in this 2592 |
---|
3669 | | - | state for five full years following its acquisition as provided in 2593 |
---|
3670 | | - | subsection (a) of this section, the corporation shall recapture fifty per 2594 |
---|
3671 | | - | cent of the amount of the credit allowed under this section on its 2595 |
---|
3672 | | - | corporation business tax return required to be filed for the income year 2596 |
---|
3673 | | - | immediately succeeding the income year during which such five-year 2597 |
---|
3674 | | - | period expires. The provisions of this subsection shall not apply if the 2598 |
---|
3675 | | - | property that is the subject of the credit under this section is replaced. If 2599 |
---|
3676 | | - | any amount of credit required to be recaptured has not been paid to the 2600 |
---|
3677 | | - | commissioner on or before the first day of the fourth month next 2601 |
---|
3678 | | - | succeeding the end of the income year immediately succeeding the 2602 |
---|
3679 | | - | income year during which the three-year or five-year period, as the case 2603 |
---|
3680 | | - | may be, expires, such amount shall bear interest at the rate of one per 2604 |
---|
3681 | | - | cent per month or fraction thereof from such date to the date of 2605 |
---|
3682 | | - | payment. 2606 |
---|
3683 | | - | Sec. 25. (NEW) (Effective July 1, 2023) (a) The Commissioner of 2607 |
---|
3684 | | - | Revenue Services shall annually: 2608 |
---|
3685 | | - | (1) Estimate the state tax gap and develop an overall strategy to 2609 |
---|
3686 | | - | promote compliance and discourage tax avoidance. Such estimate shall 2610 |
---|
3687 | | - | include an analysis of income distribution and population distribution 2611 |
---|
3688 | | - | expressed for (A) every ten percentage points, (B) the top five per cent 2612 |
---|
3689 | | - | of all income taxpayers, (C) the top one per cent of all income taxpayers, 2613 |
---|
3690 | | - | and (D) the top one-half of one per cent of all income taxpayers. As used 2614 |
---|
3691 | | - | in this section, "tax gap" means the difference between taxes owed under 2615 |
---|
3692 | | - | full compliance with all state tax laws and the state taxes voluntarily 2616 Substitute Bill No. 981 |
---|
3693 | | - | |
---|
3694 | | - | |
---|
3695 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3696 | | - | 00981-R01-SB.docx } |
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3697 | | - | 95 of 99 |
---|
3698 | | - | |
---|
3699 | | - | paid, where such difference may be due to a failure to file taxes, 2617 |
---|
3700 | | - | underreporting of tax liability or not paying all taxes owing; 2618 |
---|
3701 | | - | (2) Evaluate the specific staffing needs of the Department of Revenue 2619 |
---|
3702 | | - | Services to implement such overall strategy and reduce the state tax gap 2620 |
---|
3703 | | - | and determine the progress made, if any, towards filling such staffing 2621 |
---|
3704 | | - | needs; and 2622 |
---|
3705 | | - | (3) Conduct (A) a cost benefit analysis of each major tax compliance 2623 |
---|
3706 | | - | initiative undertaken by the department in the preceding fiscal year, 2624 |
---|
3707 | | - | including tax amnesty programs, and (B) an analysis of audit rates, by 2625 |
---|
3708 | | - | income level, undertaken by the department in the preceding fiscal year. 2626 |
---|
3709 | | - | (b) On or before December 15, 2023, and annually thereafter, the 2627 |
---|
3710 | | - | commissioner shall submit a report, in accordance with the provisions 2628 |
---|
3711 | | - | of section 11-4a of the general statutes, to the joint standing committee 2629 |
---|
3712 | | - | of the General Assembly having cognizance of matters relating to 2630 |
---|
3713 | | - | finance, revenue and bonding and appropriations. Such report shall be 2631 |
---|
3714 | | - | posted on the Department of Revenue Service's Internet web site and 2632 |
---|
3715 | | - | shall include (1) the tax gap estimate and analysis and the compliance 2633 |
---|
3716 | | - | strategy developed under subdivision (1) of subsection (a) of this section 2634 |
---|
3717 | | - | and any information supporting the amount of the tax gap estimate, (2) 2635 |
---|
3718 | | - | a summary of the evaluation and determination of the department's 2636 |
---|
3719 | | - | staffing needs under subdivision (2) of subsection (a) of this section, and 2637 |
---|
3720 | | - | (3) the findings of the analyses conducted under subdivision (3) of 2638 |
---|
3721 | | - | subsection (a) of this section. 2639 |
---|
3722 | | - | (c) On or before July 1, 2024, the commissioner shall publish a 2640 |
---|
3723 | | - | strategic plan that includes the department's mission, measurable goals 2641 |
---|
3724 | | - | that define how the mission is to be accomplished, specific strategies to 2642 |
---|
3725 | | - | achieve the goals and a timetable to measure progress toward achieving 2643 |
---|
3726 | | - | those goals. Such plan shall be posted on the department's Internet web 2644 |
---|
3727 | | - | site and updated annually. 2645 |
---|
3728 | | - | Sec. 26. Section 12-7c of the general statutes is repealed and the 2646 |
---|
3729 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 2647 Substitute Bill No. 981 |
---|
3730 | | - | |
---|
3731 | | - | |
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3732 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3733 | | - | 00981-R01-SB.docx } |
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3734 | | - | 96 of 99 |
---|
3735 | | - | |
---|
3736 | | - | (a) The Commissioner of Revenue Services shall, on or before 2648 |
---|
3737 | | - | December 15, 2023, and biennially thereafter, submit to the joint 2649 |
---|
3738 | | - | standing committee of the General Assembly having cognizance of 2650 |
---|
3739 | | - | matters relating to finance, revenue and bonding, and post on the 2651 |
---|
3740 | | - | department's Internet web site a report on the overall incidence of the 2652 |
---|
3741 | | - | personal income tax, the affected business entity tax, sales and excise 2653 |
---|
3742 | | - | taxes, the corporation business tax, [and] property tax and any other tax 2654 |
---|
3743 | | - | that generated at least one hundred million dollars in the most recent 2655 |
---|
3744 | | - | fiscal year prior to the submission of each report, for each of the most 2656 |
---|
3745 | | - | recent ten tax years for which complete data are available. 2657 |
---|
3746 | | - | (1) The report shall include incidence projections for each such tax 2658 |
---|
3747 | | - | and shall present information on the distribution of the tax burden as 2659 |
---|
3748 | | - | follows: 2660 |
---|
3749 | | - | [(1)] (A) For individuals: 2661 |
---|
3750 | | - | [(A)] (i) Income classes, including income distribution and 2662 |
---|
3751 | | - | population distribution expressed for [(i)] (I) every ten percentage 2663 |
---|
3752 | | - | points, [(ii)] (II) the top five per cent of all income taxpayers, [and (iii)] 2664 |
---|
3753 | | - | (III) the top one per cent of all income taxpayers, [;] and (IV) the top one-2665 |
---|
3754 | | - | half of one per cent of all income taxpayers; 2666 |
---|
3755 | | - | (ii) For each income class, the percentage of taxpayers who (I) are 2667 |
---|
3756 | | - | homeowners, (II) are single, (III) are married, (IV) are seniors, or (V) 2668 |
---|
3757 | | - | have children; 2669 |
---|
3758 | | - | (iii) For each income class, the average market value of a home and 2670 |
---|
3759 | | - | the average monthly rent; 2671 |
---|
3760 | | - | (iv) Effective tax rates by population distribution expressed as state 2672 |
---|
3761 | | - | taxes compared to local taxes; 2673 |
---|
3762 | | - | (v) Effective tax rates by population distribution expressed as taxes 2674 |
---|
3763 | | - | imposed on businesses compared to taxes imposed on individuals; and 2675 |
---|
3764 | | - | [(B)] (vi) Other appropriate taxpayer characteristics, as determined 2676 Substitute Bill No. 981 |
---|
3765 | | - | |
---|
3766 | | - | |
---|
3767 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3768 | | - | 00981-R01-SB.docx } |
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3769 | | - | 97 of 99 |
---|
3770 | | - | |
---|
3771 | | - | by said commissioner. 2677 |
---|
3772 | | - | [(2)] (B) For businesses: 2678 |
---|
3773 | | - | [(A)] (i) Business size as established by gross receipts; 2679 |
---|
3774 | | - | [(B)] (ii) Legal organization; and 2680 |
---|
3775 | | - | [(C)] (iii) Industry by NAICS code. 2681 |
---|
3776 | | - | (2) In addition to the information required under subdivision (1) of 2682 |
---|
3777 | | - | this subsection, the report shall include the following: 2683 |
---|
3778 | | - | (A) For the personal income tax, information on the distribution of 2684 |
---|
3779 | | - | the property tax credit under section 12-704c, the earned income tax 2685 |
---|
3780 | | - | credit under section 12-704e, as amended by this act, the affected 2686 |
---|
3781 | | - | business entity tax credit under section 12-699 and any other credit 2687 |
---|
3782 | | - | against the personal income tax that resulted in a revenue loss to the 2688 |
---|
3783 | | - | state of at least twenty-five million dollars in the most recent fiscal year 2689 |
---|
3784 | | - | prior to the submission of each report; 2690 |
---|
3785 | | - | (B) For property tax, information on the distribution of residential 2691 |
---|
3786 | | - | and commercial property and for residential property, the distribution 2692 |
---|
3787 | | - | of homeowners and renters; and 2693 |
---|
3788 | | - | (C) For any other tax other than the personal income tax or property 2694 |
---|
3789 | | - | tax that generated at least one hundred million dollars in the most recent 2695 |
---|
3790 | | - | fiscal year prior to the submission of each report, information on the 2696 |
---|
3791 | | - | distribution of any credit against such tax that resulted in a revenue loss 2697 |
---|
3792 | | - | to the state of at least twenty-five million dollars in the most recent fiscal 2698 |
---|
3793 | | - | year prior to the submission of each report. 2699 |
---|
3794 | | - | (b) The Commissioner of Revenue Services may enter into a contract 2700 |
---|
3795 | | - | with any public or private entity for the purpose of preparing the report 2701 |
---|
3796 | | - | required pursuant to subsection (a) of this section, provided, if the 2702 |
---|
3797 | | - | commissioner enters into such contract, the commissioner shall include 2703 |
---|
3798 | | - | in such report the resources that the commissioner deems necessary to 2704 Substitute Bill No. 981 |
---|
3799 | | - | |
---|
3800 | | - | |
---|
3801 | | - | LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- |
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3802 | | - | 00981-R01-SB.docx } |
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3803 | | - | 98 of 99 |
---|
3804 | | - | |
---|
3805 | | - | allow the Department of Revenue Services to prepare such report in-2705 |
---|
3806 | | - | house. 2706 |
---|
3807 | | - | Sec. 27. Section 453 of public act 21-2 of the June special session, as 2707 |
---|
3808 | | - | amended by section 471 of public act 22-118, is repealed. (Effective from 2708 |
---|
3809 | | - | passage) 2709 |
---|
| 1560 | + | (ii) Notwithstanding the provisions of subparagraph (D)(i) of this 914 |
---|
| 1561 | + | subdivision, for each taxpayer whose Connecticut adjusted gross 915 |
---|
| 1562 | + | income exceeds fifty thousand two hundred fifty dollars, the amount of 916 |
---|
| 1563 | + | the taxpayer's Connecticut taxable income to which the two-per-cent tax 917 |
---|
| 1564 | + | rate applies shall be reduced by one thousand dollars for each two 918 |
---|
| 1565 | + | thousand five hundred dollars, or fraction thereof, by which the 919 |
---|
| 1566 | + | taxpayer's Connecticut adjusted gross income exceeds said amount. 920 |
---|
| 1567 | + | Any such amount of Connecticut taxable income to which, as provided 921 |
---|
| 1568 | + | in the preceding sentence, the two-per-cent tax rate does not apply shall 922 |
---|
| 1569 | + | be an amount to which the four-and-one-half-per-cent tax rate shall 923 |
---|
| 1570 | + | apply. 924 |
---|
| 1571 | + | (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 925 |
---|
| 1572 | + | two hundred thousand dollars shall pay, in addition to the tax 926 |
---|
| 1573 | + | computed under the provisions of subparagraphs (D)(i) and (D)(ii) of 927 |
---|
| 1574 | + | this subdivision, an amount equal to ninety-eight dollars for each five 928 |
---|
| 1575 | + | thousand dollars, or fraction thereof, by which the taxpayer's 929 Governor's Bill No. 981 |
---|
| 1576 | + | |
---|
| 1577 | + | |
---|
| 1578 | + | |
---|
| 1579 | + | LCO No. 4026 40 of 64 |
---|
| 1580 | + | |
---|
| 1581 | + | Connecticut adjusted gross income exceeds two hundred thousand 930 |
---|
| 1582 | + | dollars, up to a maximum payment of two thousand nine hundred forty 931 |
---|
| 1583 | + | dollars. 932 |
---|
| 1584 | + | (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 933 |
---|
| 1585 | + | five hundred thousand dollars shall pay, in addition to the tax 934 |
---|
| 1586 | + | computed under the provisions of subparagraphs (D)(i), (D)(ii) and 935 |
---|
| 1587 | + | (D)(iii) of this subdivision, an amount equal to fifty dollars for each five 936 |
---|
| 1588 | + | thousand dollars, or fraction thereof, by which the taxpayer's 937 |
---|
| 1589 | + | Connecticut adjusted gross income exceeds five hundred thousand 938 |
---|
| 1590 | + | dollars, up to a maximum payment of four hundred fifty dollars. 939 |
---|
| 1591 | + | (E) For trusts or estates, the rate of tax shall be 6.99% of the 940 |
---|
| 1592 | + | Connecticut taxable income. 941 |
---|
| 1593 | + | [(10)] (11) The provisions of this subsection shall apply to resident 942 |
---|
| 1594 | + | trusts and estates and, wherever reference is made in this subsection to 943 |
---|
| 1595 | + | residents of this state, such reference shall be construed to include 944 |
---|
| 1596 | + | resident trusts and estates, provided any reference to a resident's 945 |
---|
| 1597 | + | Connecticut adjusted gross income derived from sources without this 946 |
---|
| 1598 | + | state or to a resident's Connecticut adjusted gross income shall be 947 |
---|
| 1599 | + | construed, in the case of a resident trust or estate, to mean the resident 948 |
---|
| 1600 | + | trust or estate's Connecticut taxable income derived from sources 949 |
---|
| 1601 | + | without this state and the resident trust or estate's Connecticut taxable 950 |
---|
| 1602 | + | income, respectively. 951 |
---|
| 1603 | + | Sec. 14. Section 12-699 of the general statutes is repealed and the 952 |
---|
| 1604 | + | following is substituted in lieu thereof (Effective January 1, 2024, and 953 |
---|
| 1605 | + | applicable to taxable years commencing on or after January 1, 2024): 954 |
---|
| 1606 | + | (a) As used in this chapter: 955 |
---|
| 1607 | + | (1) "Partnership" has the same meaning as provided in Section 956 |
---|
| 1608 | + | 7701(a)(2) of the Internal Revenue Code, as defined in section 12-213, 957 |
---|
| 1609 | + | and regulations adopted thereunder. "Partnership" includes a limited 958 |
---|
| 1610 | + | liability company that is treated as a partnership for federal income tax 959 |
---|
| 1611 | + | purposes; 960 Governor's Bill No. 981 |
---|
| 1612 | + | |
---|
| 1613 | + | |
---|
| 1614 | + | |
---|
| 1615 | + | LCO No. 4026 41 of 64 |
---|
| 1616 | + | |
---|
| 1617 | + | (2) "S corporation" means a corporation or a limited liability company 961 |
---|
| 1618 | + | that is treated as an S corporation for federal income tax purposes; 962 |
---|
| 1619 | + | (3) "Affected business entity" means a partnership or an S 963 |
---|
| 1620 | + | corporation, but does not include a publicly-traded partnership, as 964 |
---|
| 1621 | + | defined in Section 7704(b) of the Internal Revenue Code, that has agreed 965 |
---|
| 1622 | + | to file an annual return pursuant to section 12-726 reporting the name, 966 |
---|
| 1623 | + | address, Social Security number or federal employer identification 967 |
---|
| 1624 | + | number and such other information required by the Commissioner of 968 |
---|
| 1625 | + | Revenue Services of each unitholder whose distributive share of 969 |
---|
| 1626 | + | partnership income derived from or connected with sources within this 970 |
---|
| 1627 | + | state was more than five hundred dollars; 971 |
---|
| 1628 | + | (4) "Member" means (A) a shareholder of an S corporation, (B) a 972 |
---|
| 1629 | + | partner in (i) a general partnership, (ii) a limited partnership, or (iii) a 973 |
---|
| 1630 | + | limited liability partnership, or (C) a member of a limited liability 974 |
---|
| 1631 | + | company that is treated as a partnership or an S corporation for federal 975 |
---|
| 1632 | + | income tax purposes; [and] 976 |
---|
| 1633 | + | (5) "Taxable year" means the taxable year of an affected business 977 |
---|
| 1634 | + | entity for federal income tax purposes; 978 |
---|
| 1635 | + | (6) "Resident of this state" has the same meaning as provided in 979 |
---|
| 1636 | + | section 12-701; 980 |
---|
| 1637 | + | (7) "Resident portion of unsourced income" means unsourced income 981 |
---|
| 1638 | + | multiplied by a percentage equal to the sum of the ownership interests 982 |
---|
| 1639 | + | in the affected business entity owned by members who are residents of 983 |
---|
| 1640 | + | this state; 984 |
---|
| 1641 | + | (8) "Unsourced income" means the separately and nonseparately 985 |
---|
| 1642 | + | computed items, as described in Section 702(a) of the Internal Revenue 986 |
---|
| 1643 | + | Code with respect to a partnership or Section 1366 of the Internal 987 |
---|
| 1644 | + | Revenue Code with respect to an S corporation, of the affected business 988 |
---|
| 1645 | + | entity, excluding any item treated as an itemized deduction for federal 989 |
---|
| 1646 | + | income tax purposes, plus any item described in Section 707(c) of the 990 |
---|
| 1647 | + | Internal Revenue Code with respect to a partnership, regardless of the 991 Governor's Bill No. 981 |
---|
| 1648 | + | |
---|
| 1649 | + | |
---|
| 1650 | + | |
---|
| 1651 | + | LCO No. 4026 42 of 64 |
---|
| 1652 | + | |
---|
| 1653 | + | location from which such item is derived or connected, as increased or 992 |
---|
| 1654 | + | decreased by any modification described in section 12-701, that relates 993 |
---|
| 1655 | + | to an item of the affected business entity's income, gain, loss or 994 |
---|
| 1656 | + | deduction, regardless of the location from which such item is derived or 995 |
---|
| 1657 | + | connected, less (A) Connecticut source income, and (B) (i) the separately 996 |
---|
| 1658 | + | and nonseparately computed items, as described in Section 702(a) of the 997 |
---|
| 1659 | + | Internal Revenue Code, of the affected business entity, excluding any 998 |
---|
| 1660 | + | item treated as an itemized deduction for federal income tax purposes, 999 |
---|
| 1661 | + | plus any item described in Section 707(c) of the Internal Revenue Code 1000 |
---|
| 1662 | + | with respect to a partnership, to the extent any such items under this 1001 |
---|
| 1663 | + | clause are derived from or connected with sources within another state 1002 |
---|
| 1664 | + | that has jurisdiction to tax the affected business entity and actually 1003 |
---|
| 1665 | + | imposes tax on the affected business entity or its members who are 1004 |
---|
| 1666 | + | residents of this state, with respect to such items, (ii) as increased or 1005 |
---|
| 1667 | + | decreased by any modification described in section 12-701, that relates 1006 |
---|
| 1668 | + | to an item of the affected business entity's income, gain, loss or 1007 |
---|
| 1669 | + | deduction, to the extent derived from or connected with sources within 1008 |
---|
| 1670 | + | another state that has jurisdiction to tax the affected business entity and 1009 |
---|
| 1671 | + | actually imposes tax on the affected business entity or its members who 1010 |
---|
| 1672 | + | are residents of this state, with respect to such items; 1011 |
---|
| 1673 | + | (9) "Modified Connecticut source income" means Connecticut source 1012 |
---|
| 1674 | + | income multiplied by a percentage equal to the sum of the ownership 1013 |
---|
| 1675 | + | interests in the affected business entity owned by members that are (A) 1014 |
---|
| 1676 | + | subject to tax under chapter 229, or (B) affected business entities to the 1015 |
---|
| 1677 | + | extent such entities are directly or indirectly owned by persons subject 1016 |
---|
| 1678 | + | to tax under chapter 229. A member that is an affected business entity 1017 |
---|
| 1679 | + | shall be presumed to be directly or indirectly owned by persons subject 1018 |
---|
| 1680 | + | to tax under chapter 229 unless the affected business entity that has 1019 |
---|
| 1681 | + | elected to pay the tax under this section can establish otherwise by clear 1020 |
---|
| 1682 | + | and convincing evidence to the satisfaction of the commissioner; and 1021 |
---|
| 1683 | + | (10) "Connecticut source income" means (A) the separately and 1022 |
---|
| 1684 | + | nonseparately computed items, as described in Section 702(a) of the 1023 |
---|
| 1685 | + | Internal Revenue Code with respect to a partnership or Section 1366 of 1024 |
---|
| 1686 | + | the Internal Revenue Code with respect to an S corporation, of the 1025 Governor's Bill No. 981 |
---|
| 1687 | + | |
---|
| 1688 | + | |
---|
| 1689 | + | |
---|
| 1690 | + | LCO No. 4026 43 of 64 |
---|
| 1691 | + | |
---|
| 1692 | + | affected business entity, excluding any item treated as an itemized 1026 |
---|
| 1693 | + | deduction for federal income tax purposes, plus any item described in 1027 |
---|
| 1694 | + | Section 707(c) of the Internal Revenue Code with respect to a 1028 |
---|
| 1695 | + | partnership, to the extent any such items under this subparagraph are 1029 |
---|
| 1696 | + | derived from or connected with sources within this state, as determined 1030 |
---|
| 1697 | + | under the provisions of chapter 229, (B) as increased or decreased by 1031 |
---|
| 1698 | + | any modification described in section 12-701 that relates to an item of 1032 |
---|
| 1699 | + | the affected business entity's income, gain, loss or deduction, to the 1033 |
---|
| 1700 | + | extent derived from or connected with sources within this state, as 1034 |
---|
| 1701 | + | determined under the provisions of chapter 229. 1035 |
---|
| 1702 | + | (b) [Each] For taxable years commencing on or after January 1, 2024, 1036 |
---|
| 1703 | + | an affected business entity that is required to file a return under the 1037 |
---|
| 1704 | + | provisions of section 12-726 may elect to pay to the commissioner a tax 1038 |
---|
| 1705 | + | as determined under this section. Any affected business entity making 1039 |
---|
| 1706 | + | such election shall submit written notice of such election to the 1040 |
---|
| 1707 | + | commissioner (1) not later than the due date or, if an extension of time 1041 |
---|
| 1708 | + | to file has been requested and granted, the extended due date, of the 1042 |
---|
| 1709 | + | return due from such entity, and (2) for each taxable year such entity 1043 |
---|
| 1710 | + | makes the election under this subsection. Each affected business entity 1044 |
---|
| 1711 | + | that has made the election under this subsection shall pay to the 1045 |
---|
| 1712 | + | commissioner, on or before the fifteenth day of the third month 1046 |
---|
| 1713 | + | following the close of each taxable year [, pay to the commissioner] that 1047 |
---|
| 1714 | + | such entity makes such election, a tax as determined under this section. 1048 |
---|
| 1715 | + | (c) The tax due under subsection (b) of this section shall be equal to 1049 |
---|
| 1716 | + | [(1) (A) the separately and nonseparately computed items, as described 1050 |
---|
| 1717 | + | in Section 702(a) of the Internal Revenue Code with respect to a 1051 |
---|
| 1718 | + | partnership or Section 1366 of the Internal Revenue Code with respect 1052 |
---|
| 1719 | + | to an S corporation, of the affected business entity, excluding any item 1053 |
---|
| 1720 | + | treated as an itemized deduction for federal income tax purposes, plus 1054 |
---|
| 1721 | + | any item described in Section 707(c) of the Internal Revenue Code with 1055 |
---|
| 1722 | + | respect to a partnership, to the extent any such items under this 1056 |
---|
| 1723 | + | subparagraph are derived from or connected with sources within this 1057 |
---|
| 1724 | + | state, as determined under the provisions of chapter 229, (B) as 1058 |
---|
| 1725 | + | increased or decreased by any modification described in section 12-701 1059 Governor's Bill No. 981 |
---|
| 1726 | + | |
---|
| 1727 | + | |
---|
| 1728 | + | |
---|
| 1729 | + | LCO No. 4026 44 of 64 |
---|
| 1730 | + | |
---|
| 1731 | + | that relates to an item of the affected business entity's income, gain, loss 1060 |
---|
| 1732 | + | or deduction, to the extent derived from or connected with sources 1061 |
---|
| 1733 | + | within this state, as determined under the provisions of chapter 229, (2) 1062 |
---|
| 1734 | + | multiplied by six and ninety-nine-hundredths per cent. If the amount 1063 |
---|
| 1735 | + | calculated under subdivision (1) of this subsection results in a net loss, 1064 |
---|
| 1736 | + | such net loss may be carried forward to succeeding taxable years until 1065 |
---|
| 1737 | + | fully used] six and ninety-nine-hundredths per cent multiplied by the 1066 |
---|
| 1738 | + | tax base. The tax base shall be equal to the resident portion of unsourced 1067 |
---|
| 1739 | + | income plus modified Connecticut source income. 1068 |
---|
| 1740 | + | (d) If an affected business entity, the lower-tier entity, is a member of 1069 |
---|
| 1741 | + | another affected business entity, the upper-tier entity, the lower-tier 1070 |
---|
| 1742 | + | entity shall, when calculating [the amount under subdivision (1) of 1071 |
---|
| 1743 | + | subsection (c) of this section] its Connecticut source income, subtract its 1072 |
---|
| 1744 | + | distributive share of income or add its distributive share of loss from the 1073 |
---|
| 1745 | + | upper-tier entity to the extent that the income or loss was derived from 1074 |
---|
| 1746 | + | or connected with sources within this state. 1075 |
---|
| 1747 | + | [(e) A nonresident individual who is a member of an affected 1076 |
---|
| 1748 | + | business entity shall not be required to file an income tax return under 1077 |
---|
| 1749 | + | the provisions of chapter 229 for a taxable year if, for such taxable year, 1078 |
---|
| 1750 | + | the only source of income derived from or connected with sources 1079 |
---|
| 1751 | + | within this state for such member, or the member and the member's 1080 |
---|
| 1752 | + | spouse if a joint federal income tax return is or shall be filed, is from one 1081 |
---|
| 1753 | + | or more affected business entities and such nonresident individual 1082 |
---|
| 1754 | + | member's tax under chapter 229 would be fully satisfied by the credit 1083 |
---|
| 1755 | + | allowed to such individual under subparagraph (A) of subdivision (1) 1084 |
---|
| 1756 | + | of subsection (g) of this section.] 1085 |
---|
| 1757 | + | [(f)] (e) Each affected business entity shall report to each of its 1086 |
---|
| 1758 | + | members, for each taxable year, such member's direct share of the tax 1087 |
---|
| 1759 | + | imposed under this section on such affected business entity and indirect 1088 |
---|
| 1760 | + | share of the tax imposed on any upper-tier entity of which such affected 1089 |
---|
| 1761 | + | business entity is a member. 1090 |
---|
| 1762 | + | [(g) (1) (A)] (f) (1) Each person that is subject to the tax imposed under 1091 Governor's Bill No. 981 |
---|
| 1763 | + | |
---|
| 1764 | + | |
---|
| 1765 | + | |
---|
| 1766 | + | LCO No. 4026 45 of 64 |
---|
| 1767 | + | |
---|
| 1768 | + | chapter 229 and is a member of an affected business entity shall be 1092 |
---|
| 1769 | + | entitled to a credit against the tax imposed under said chapter, other 1093 |
---|
| 1770 | + | than the tax imposed under section 12-707. Such credit shall be in an 1094 |
---|
| 1771 | + | amount equal to such person's direct and indirect share of the tax due 1095 |
---|
| 1772 | + | and paid under this section by any affected business entity of which 1096 |
---|
| 1773 | + | such person is a member multiplied by [eighty-seven and one-half] 1097 |
---|
| 1774 | + | ninety-three and one-hundredths per cent. If the amount of the credit 1098 |
---|
| 1775 | + | allowed pursuant to this subdivision exceeds such person's tax liability 1099 |
---|
| 1776 | + | for the tax imposed under said chapter, the commissioner shall treat 1100 |
---|
| 1777 | + | such excess as an overpayment and, except as provided in section 12-1101 |
---|
| 1778 | + | 739 or 12-742, shall refund the amount of such excess, without interest, 1102 |
---|
| 1779 | + | to such person. 1103 |
---|
| 1780 | + | [(B)] (2) Each person that is subject to the tax imposed under chapter 1104 |
---|
| 1781 | + | 229 as a resident or a part-year resident of this state and is a member of 1105 |
---|
| 1782 | + | an affected business entity shall also be entitled to a credit against the 1106 |
---|
| 1783 | + | tax imposed under said chapter, other than the tax imposed under 1107 |
---|
| 1784 | + | section 12-707, for such person's direct and indirect share of taxes paid 1108 |
---|
| 1785 | + | to another state of the United States or the District of Columbia, on 1109 |
---|
| 1786 | + | income of any affected business entity of which such person is a member 1110 |
---|
| 1787 | + | that is derived therefrom, provided the taxes paid to another state of the 1111 |
---|
| 1788 | + | United States or the District of Columbia results from a tax that [the 1112 |
---|
| 1789 | + | commissioner determines] is substantially similar to the tax imposed 1113 |
---|
| 1790 | + | under this section. Any such credit shall be calculated in [the] a manner 1114 |
---|
| 1791 | + | [prescribed by the commissioner, which shall be] consistent with the 1115 |
---|
| 1792 | + | provisions of section 12-704. 1116 |
---|
| 1793 | + | [(2) Each company that is subject to the tax imposed under chapter 1117 |
---|
| 1794 | + | 208 and is a member of an affected business entity shall be entitled to a 1118 |
---|
| 1795 | + | credit against the tax imposed under said chapter. Such credit shall be 1119 |
---|
| 1796 | + | in an amount equal to such company's direct and indirect share of the 1120 |
---|
| 1797 | + | tax paid under this section by any affected business entity of which such 1121 |
---|
| 1798 | + | company is a member multiplied by eighty-seven and one-half per cent. 1122 |
---|
| 1799 | + | Such credit shall be applied after all other credits are applied and shall 1123 |
---|
| 1800 | + | not be subject to the limits imposed under section 12-217zz. Any credit 1124 |
---|
| 1801 | + | that is not used in the income year during which the affected business 1125 Governor's Bill No. 981 |
---|
| 1802 | + | |
---|
| 1803 | + | |
---|
| 1804 | + | |
---|
| 1805 | + | LCO No. 4026 46 of 64 |
---|
| 1806 | + | |
---|
| 1807 | + | entity incurs the tax under this section shall be carried forward to each 1126 |
---|
| 1808 | + | of the succeeding income years by the company until such credit is fully 1127 |
---|
| 1809 | + | taken against the tax under chapter 208.] 1128 |
---|
| 1810 | + | [(h)] (g) Upon the failure of any affected business entity to pay the tax 1129 |
---|
| 1811 | + | due under this section within thirty days of the due date, the provisions 1130 |
---|
| 1812 | + | of section 12-35 shall apply with respect to the enforcement of this 1131 |
---|
| 1813 | + | section and the collection of such tax. The warrant therein provided for 1132 |
---|
| 1814 | + | shall be signed by the commissioner or an authorized agent of the 1133 |
---|
| 1815 | + | commissioner. The amount of any such tax, penalty and interest shall be 1134 |
---|
| 1816 | + | a lien, from the last day of the last month of the taxable year next 1135 |
---|
| 1817 | + | preceding the due date of such tax until discharged by payment, against 1136 |
---|
| 1818 | + | all real estate of the taxpayer within the state, and a certificate of such 1137 |
---|
| 1819 | + | lien signed by the commissioner may be recorded in the office of the 1138 |
---|
| 1820 | + | clerk of any town in which such real estate is situated, provided no such 1139 |
---|
| 1821 | + | lien shall be effective as against any bona fide purchaser or qualified 1140 |
---|
| 1822 | + | encumbrancer of any interest in any such property. When any tax with 1141 |
---|
| 1823 | + | respect to which a lien has been recorded under the provisions of this 1142 |
---|
| 1824 | + | section has been satisfied, the commissioner, upon request of any 1143 |
---|
| 1825 | + | interested party, shall issue a certificate discharging such lien, which 1144 |
---|
| 1826 | + | certificate shall be recorded in the same office in which the lien was 1145 |
---|
| 1827 | + | recorded. Any action for the foreclosure of such lien shall be brought by 1146 |
---|
| 1828 | + | the Attorney General in the name of the state in the superior court for 1147 |
---|
| 1829 | + | the judicial district in which the property subject to such lien is situated, 1148 |
---|
| 1830 | + | or, if such property is located in two or more judicial districts, in the 1149 |
---|
| 1831 | + | superior court for any one such judicial district, and the court may limit 1150 |
---|
| 1832 | + | the time for redemption or order the sale of such property or make such 1151 |
---|
| 1833 | + | other or further decree as it judges equitable. 1152 |
---|
| 1834 | + | [(i)] (h) If any tax is not paid when due as provided in this section, 1153 |
---|
| 1835 | + | there shall be added to the amount of the tax interest at the rate of one 1154 |
---|
| 1836 | + | per cent per month or fraction thereof from the date the tax became due 1155 |
---|
| 1837 | + | until it is paid. 1156 |
---|
| 1838 | + | [(j) (1) Any affected business entity subject to tax under this section 1157 |
---|
| 1839 | + | may elect to file a combined return together with one or more other 1158 Governor's Bill No. 981 |
---|
| 1840 | + | |
---|
| 1841 | + | |
---|
| 1842 | + | |
---|
| 1843 | + | LCO No. 4026 47 of 64 |
---|
| 1844 | + | |
---|
| 1845 | + | commonly-owned affected business entities subject to tax under this 1159 |
---|
| 1846 | + | section. Each affected business entity making such election shall submit 1160 |
---|
| 1847 | + | written notice of such election to file a combined return, including the 1161 |
---|
| 1848 | + | written consent of the other commonly-owned affected business entities 1162 |
---|
| 1849 | + | to such election, to the commissioner not later than the due date, or if an 1163 |
---|
| 1850 | + | extension of time to file has been requested and granted, the extended 1164 |
---|
| 1851 | + | due date, of the returns due from such entities. An affected business 1165 |
---|
| 1852 | + | entity shall submit such written notice and consent for each taxable year 1166 |
---|
| 1853 | + | such entity makes the election under this subdivision. Each affected 1167 |
---|
| 1854 | + | business entity electing to file a combined return under this subdivision 1168 |
---|
| 1855 | + | shall be jointly and severally liable for the tax due under this section. For 1169 |
---|
| 1856 | + | the purposes of this subdivision, "commonly-owned" means that more 1170 |
---|
| 1857 | + | than eighty per cent of the voting control of an affected business entity 1171 |
---|
| 1858 | + | is directly or indirectly owned by a common owner or owners, either 1172 |
---|
| 1859 | + | corporate or noncorporate. Whether voting control is indirectly owned 1173 |
---|
| 1860 | + | shall be determined in accordance with Section 318 of the Internal 1174 |
---|
| 1861 | + | Revenue Code. 1175 |
---|
| 1862 | + | (2) Except as provided in subdivision (5) of this subsection, affected 1176 |
---|
| 1863 | + | business entities that elect to file a combined return under subdivision 1177 |
---|
| 1864 | + | (1) of this subsection shall net the amounts each such entity calculates 1178 |
---|
| 1865 | + | under subdivision (1) of subsection (c) of this section after such amounts 1179 |
---|
| 1866 | + | are separately apportioned or allocated by each affected business entity 1180 |
---|
| 1867 | + | in accordance with this section. 1181 |
---|
| 1868 | + | (3) Affected business entities that elect to file a combined return 1182 |
---|
| 1869 | + | under subdivision (1) of this subsection shall report to the commissioner 1183 |
---|
| 1870 | + | the portion of the direct and indirect share of the tax paid with the 1184 |
---|
| 1871 | + | combined return that is allocated to each of their members. Such report 1185 |
---|
| 1872 | + | shall be filed with the combined return and the allocation reported shall 1186 |
---|
| 1873 | + | be irrevocable. 1187 |
---|
| 1874 | + | (4) The election made under this subsection shall not affect the 1188 |
---|
| 1875 | + | calculation of tax due under any other provision of the general statutes 1189 |
---|
| 1876 | + | other than with respect to the calculation of the credits under subsection 1190 |
---|
| 1877 | + | (g) of this section. 1191 Governor's Bill No. 981 |
---|
| 1878 | + | |
---|
| 1879 | + | |
---|
| 1880 | + | |
---|
| 1881 | + | LCO No. 4026 48 of 64 |
---|
| 1882 | + | |
---|
| 1883 | + | (5) Affected business entities that elect to file a combined return 1192 |
---|
| 1884 | + | under subdivision (1) of this subsection shall calculate their tax due in 1193 |
---|
| 1885 | + | accordance with subsection (c) of this section unless each such entity 1194 |
---|
| 1886 | + | elects under subsection (k) of this section to calculate its tax due on the 1195 |
---|
| 1887 | + | alternative basis under subsection (l) of this section. If such election is 1196 |
---|
| 1888 | + | made, the affected business entities shall net their alternative tax bases 1197 |
---|
| 1889 | + | instead of netting the amounts under subdivision (2) of this subsection. 1198 |
---|
| 1890 | + | (k) In lieu of calculating the tax due in accordance with subsection (c) 1199 |
---|
| 1891 | + | of this section, any affected business entity may elect to calculate the tax 1200 |
---|
| 1892 | + | due on the alternative basis under subsection (l) of this section. An 1201 |
---|
| 1893 | + | affected business entity making such election shall submit to the 1202 |
---|
| 1894 | + | commissioner written notice of such election not later than the due date, 1203 |
---|
| 1895 | + | or if an extension of time to file has been requested and granted, the 1204 |
---|
| 1896 | + | extended due date, of the return due from such entity. An affected 1205 |
---|
| 1897 | + | business entity shall submit such written notice for each taxable year 1206 |
---|
| 1898 | + | such entity makes the election under this subsection. The election made 1207 |
---|
| 1899 | + | under this subsection shall not affect the calculation of tax due under 1208 |
---|
| 1900 | + | any other provision of the general statutes other than with respect to the 1209 |
---|
| 1901 | + | calculation of the credits under subsection (g) of this section. 1210 |
---|
| 1902 | + | (l) (1) The tax due from an affected business entity making the 1211 |
---|
| 1903 | + | election under subsection (k) of this section shall be equal to six and 1212 |
---|
| 1904 | + | ninety-nine-hundredths per cent multiplied by the alternative tax base. 1213 |
---|
| 1905 | + | The alternative tax base shall be equal to the resident portion of 1214 |
---|
| 1906 | + | unsourced income plus modified Connecticut source income. 1215 |
---|
| 1907 | + | (2) For the purposes of this subsection: 1216 |
---|
| 1908 | + | (A) "Resident portion of unsourced income" means unsourced 1217 |
---|
| 1909 | + | income multiplied by a percentage equal to the sum of the ownership 1218 |
---|
| 1910 | + | interests in the affected business entity owned by members who are 1219 |
---|
| 1911 | + | residents of this state, as defined in section 12-701; 1220 |
---|
| 1912 | + | (B) "Unsourced income" means the separately and nonseparately 1221 |
---|
| 1913 | + | computed items, as described in Section 702(a) of the Internal Revenue 1222 |
---|
| 1914 | + | Code with respect to a partnership or Section 1366 of the Internal 1223 Governor's Bill No. 981 |
---|
| 1915 | + | |
---|
| 1916 | + | |
---|
| 1917 | + | |
---|
| 1918 | + | LCO No. 4026 49 of 64 |
---|
| 1919 | + | |
---|
| 1920 | + | Revenue Code with respect to an S corporation, of the affected business 1224 |
---|
| 1921 | + | entity, excluding any item treated as an itemized deduction for federal 1225 |
---|
| 1922 | + | income tax purposes, plus any item described in Section 707(c) of the 1226 |
---|
| 1923 | + | Internal Revenue Code with respect to a partnership, regardless of the 1227 |
---|
| 1924 | + | location from which such item is derived or connected, as increased or 1228 |
---|
| 1925 | + | decreased by any modification described in section 12-701, that relates 1229 |
---|
| 1926 | + | to an item of the affected business entity's income, gain, loss or 1230 |
---|
| 1927 | + | deduction, regardless of the location from which such item is derived or 1231 |
---|
| 1928 | + | connected, less (i) the amount determined under subdivision (1) of 1232 |
---|
| 1929 | + | subsection (c) of this section, determined without regard to subsection 1233 |
---|
| 1930 | + | (d) of this section, and (ii) (I) the separately and nonseparately 1234 |
---|
| 1931 | + | computed items, as described in Section 702(a) of the Internal Revenue 1235 |
---|
| 1932 | + | Code, of the affected business entity, excluding any item treated as an 1236 |
---|
| 1933 | + | itemized deduction for federal income tax purposes, plus any item 1237 |
---|
| 1934 | + | described in Section 707(c) of the Internal Revenue Code with respect to 1238 |
---|
| 1935 | + | a partnership, to the extent any such items under this subclause are 1239 |
---|
| 1936 | + | derived from or connected with sources within another state that has 1240 |
---|
| 1937 | + | jurisdiction to subject the affected business entity to tax, as determined 1241 |
---|
| 1938 | + | under the provisions of chapter 229, (II) as increased or decreased by 1242 |
---|
| 1939 | + | any modification described in section 12-701, that relates to an item of 1243 |
---|
| 1940 | + | the affected business entity's income, gain or deduction, to the extent 1244 |
---|
| 1941 | + | derived from or connected with sources within another state that has 1245 |
---|
| 1942 | + | jurisdiction to subject the affected business entity to tax, as determined 1246 |
---|
| 1943 | + | under the provisions of chapter 229; and 1247 |
---|
| 1944 | + | (C) "Modified Connecticut source income" means the amount 1248 |
---|
| 1945 | + | calculated under subdivision (1) of subsection (c) of this section 1249 |
---|
| 1946 | + | multiplied by a percentage equal to the sum of the ownership interests 1250 |
---|
| 1947 | + | in the affected business entity owned by members that are (i) subject to 1251 |
---|
| 1948 | + | tax under chapter 229, or (ii) affected business entities to the extent such 1252 |
---|
| 1949 | + | entities are directly or indirectly owned by persons subject to tax under 1253 |
---|
| 1950 | + | chapter 229. A member that is an affected business entity shall be 1254 |
---|
| 1951 | + | presumed to be directly or indirectly owned by persons subject to tax 1255 |
---|
| 1952 | + | under chapter 229 unless the affected business entity subject to tax 1256 |
---|
| 1953 | + | under this section can establish otherwise by clear and convincing 1257 Governor's Bill No. 981 |
---|
| 1954 | + | |
---|
| 1955 | + | |
---|
| 1956 | + | |
---|
| 1957 | + | LCO No. 4026 50 of 64 |
---|
| 1958 | + | |
---|
| 1959 | + | evidence to the satisfaction of the commissioner.] 1258 |
---|
| 1960 | + | [(m)] (i) The provisions of sections 12-723, 12-725 and 12-728 to 12-1259 |
---|
| 1961 | + | 737, inclusive, shall apply to the provisions of this section in the same 1260 |
---|
| 1962 | + | manner and with the same force and effect as if the language of said 1261 |
---|
| 1963 | + | sections had been incorporated in full into this section and had expressly 1262 |
---|
| 1964 | + | referred to the tax under this section, except to the extent that any such 1263 |
---|
| 1965 | + | provision is inconsistent with a provision of this section. 1264 |
---|
| 1966 | + | Sec. 15. Section 12-699a of the general statutes is repealed and the 1265 |
---|
| 1967 | + | following is substituted in lieu thereof (Effective January 1, 2024, and 1266 |
---|
| 1968 | + | applicable to taxable years commencing on or after January 1, 2024): 1267 |
---|
| 1969 | + | (a) As used in this section, "required annual payment" means the 1268 |
---|
| 1970 | + | lesser of (1) ninety per cent of the tax under section 12-699, as amended 1269 |
---|
| 1971 | + | by this act, that is reported on the return filed for the taxable year or, if 1270 |
---|
| 1972 | + | no return is filed, ninety per cent of the tax due under section 12-699, as 1271 |
---|
| 1973 | + | amended by this act, or (2) if the preceding taxable year was a taxable 1272 |
---|
| 1974 | + | year of twelve months and the affected business entity filed a return for 1273 |
---|
| 1975 | + | such taxable year, one hundred per cent of the tax under section 12-699, 1274 |
---|
| 1976 | + | as amended by this act, that is reported on such return. 1275 |
---|
| 1977 | + | (b) (1) Each affected business entity required to pay or, with respect 1276 |
---|
| 1978 | + | to taxable years commencing on or after January 1, 2024, elects to pay, 1277 |
---|
| 1979 | + | the tax imposed under section 12-699, as amended by this act, and 1278 |
---|
| 1980 | + | whose required annual payment for the taxable year is greater than or 1279 |
---|
| 1981 | + | equal to one thousand dollars shall make the required annual payment 1280 |
---|
| 1982 | + | each taxable year, in four required estimated tax installments on the 1281 |
---|
| 1983 | + | following due dates: (A) For the first required installment, the fifteenth 1282 |
---|
| 1984 | + | day of the fourth month of the taxable year; (B) for the second required 1283 |
---|
| 1985 | + | installment, the fifteenth day of the sixth month of the taxable year; (C) 1284 |
---|
| 1986 | + | for the third required installment, the fifteenth day of the ninth month 1285 |
---|
| 1987 | + | of the taxable year; and (D) for the fourth required installment, the 1286 |
---|
| 1988 | + | fifteenth day of the first month of the next succeeding taxable year. An 1287 |
---|
| 1989 | + | affected business entity may elect to pay any required installment prior 1288 |
---|
| 1990 | + | to the specified due date. Except as provided in subdivision (2) of this 1289 Governor's Bill No. 981 |
---|
| 1991 | + | |
---|
| 1992 | + | |
---|
| 1993 | + | |
---|
| 1994 | + | LCO No. 4026 51 of 64 |
---|
| 1995 | + | |
---|
| 1996 | + | subsection, the amount of each required installment shall be twenty-five 1290 |
---|
| 1997 | + | per cent of the required annual payment. 1291 |
---|
| 1998 | + | (2) (A) For any required installment, if the affected business entity 1292 |
---|
| 1999 | + | establishes that its annualized income installment calculated pursuant 1293 |
---|
| 2000 | + | to subparagraph (B) of this subdivision is less than the amount 1294 |
---|
| 2001 | + | determined under subsection (a) of this section, the amount of such 1295 |
---|
| 2002 | + | required installment shall be the annualized income installment. Any 1296 |
---|
| 2003 | + | reduction in a required installment resulting pursuant to this 1297 |
---|
| 2004 | + | subdivision shall be recaptured by increasing the amount of the next 1298 |
---|
| 2005 | + | required installment by the amount of such reduction and by increasing 1299 |
---|
| 2006 | + | subsequent required installments to the extent such reduction has not 1300 |
---|
| 2007 | + | previously been recaptured under this subdivision. 1301 |
---|
| 2008 | + | (B) The annualized income installment is the amount by which (i) the 1302 |
---|
| 2009 | + | amount equal to the applicable percentage, as set forth in subparagraph 1303 |
---|
| 2010 | + | (C) of this subdivision, multiplied by the tax imposed under section 12-1304 |
---|
| 2011 | + | 699, as amended by this act, for the taxable year that would be due if 1305 |
---|
| 2012 | + | income subject to tax under said section for the months in the taxable 1306 |
---|
| 2013 | + | year ending before the due date of the installment was annualized, (ii) 1307 |
---|
| 2014 | + | exceeds the aggregate amount of any prior required installments for the 1308 |
---|
| 2015 | + | taxable year. 1309 |
---|
| 2016 | + | (C) For the purposes of subparagraph (B) of this subdivision, the 1310 |
---|
| 2017 | + | applicable percentages shall be as follows: (i) For the first required 1311 |
---|
| 2018 | + | installment, twenty-two and one-half per cent; (ii) for the second 1312 |
---|
| 2019 | + | required installment, forty-five per cent; (iii) for the third required 1313 |
---|
| 2020 | + | installment, sixty-seven and one-half per cent; and (iv) for the fourth 1314 |
---|
| 2021 | + | required installment, ninety per cent. 1315 |
---|
| 2022 | + | (c) (1) Except as otherwise provided in this section, in the case of any 1316 |
---|
| 2023 | + | underpayment of estimated tax by an affected business entity, there 1317 |
---|
| 2024 | + | shall be added to the tax imposed under section 12-699, as amended by 1318 |
---|
| 2025 | + | this act, an amount determined by applying interest (A) at the rate of 1319 |
---|
| 2026 | + | one per cent per month or fraction thereof, (B) to the amount of the 1320 |
---|
| 2027 | + | underpayment, (C) for the period of the underpayment. 1321 Governor's Bill No. 981 |
---|
| 2028 | + | |
---|
| 2029 | + | |
---|
| 2030 | + | |
---|
| 2031 | + | LCO No. 4026 52 of 64 |
---|
| 2032 | + | |
---|
| 2033 | + | (2) For the purposes of subdivision (1) of this subsection, (A) the 1322 |
---|
| 2034 | + | amount of the underpayment is the amount by which the required 1323 |
---|
| 2035 | + | installment exceeds the amount, if any, of the installment paid on or 1324 |
---|
| 2036 | + | before the due date of the installment, and (B) the period of the 1325 |
---|
| 2037 | + | underpayment runs from the due date of the installment to whichever 1326 |
---|
| 2038 | + | date is earlier: (i) The fifteenth day of the third month of the next 1327 |
---|
| 2039 | + | succeeding taxable year, or (ii) with respect to any portion of the 1328 |
---|
| 2040 | + | underpayment, the date on which such portion is paid. Any payment of 1329 |
---|
| 2041 | + | estimated tax under this section shall be credited against unpaid or 1330 |
---|
| 2042 | + | underpaid required installments in the order in which such installments 1331 |
---|
| 2043 | + | are required to be paid. 1332 |
---|
| 2044 | + | (d) Payment of the estimated tax under this section or any required 1333 |
---|
| 2045 | + | installment thereof shall be considered payment on account of the tax 1334 |
---|
| 2046 | + | imposed under section 12-699, as amended by this act, for the taxable 1335 |
---|
| 2047 | + | year. If an affected business entity makes payment of estimated tax 1336 |
---|
| 2048 | + | pursuant to this section against the tax due under this chapter for a 1337 |
---|
| 2049 | + | taxable year and (1) does not make the election under subsection (b) of 1338 |
---|
| 2050 | + | section 12-699, as amended by this act, or (2) such payments exceed the 1339 |
---|
| 2051 | + | amount due under said subsection for such taxable year, such payments 1340 |
---|
| 2052 | + | shall be deemed to be made against the tax liability of the affected 1341 |
---|
| 2053 | + | business entity under section 12-719, as amended by this act. 1342 |
---|
| 2054 | + | (e) For taxable years of less than twelve months, the provisions of this 1343 |
---|
| 2055 | + | section shall apply in a manner consistent with the regulations adopted 1344 |
---|
| 2056 | + | under chapter 229 pertaining to such taxable years. 1345 |
---|
| 2057 | + | Sec. 16. Section 12-719 of the general statutes is repealed and the 1346 |
---|
| 2058 | + | following is substituted in lieu thereof (Effective January 1, 2024, and 1347 |
---|
| 2059 | + | applicable to taxable years commencing on or after January 1, 2024): 1348 |
---|
| 2060 | + | (a) The income tax return required under this chapter shall be filed 1349 |
---|
| 2061 | + | on or before the fifteenth day of the [fourth] third month following the 1350 |
---|
| 2062 | + | close of the taxpayer's taxable year. A person required to make and file 1351 |
---|
| 2063 | + | a return shall, without assessment, notice or demand, pay any tax due 1352 |
---|
| 2064 | + | thereon to the Commissioner of Revenue Services on or before the date 1353 Governor's Bill No. 981 |
---|
| 2065 | + | |
---|
| 2066 | + | |
---|
| 2067 | + | |
---|
| 2068 | + | LCO No. 4026 53 of 64 |
---|
| 2069 | + | |
---|
| 2070 | + | fixed for filing such return, determined without regard to any extension 1354 |
---|
| 2071 | + | of time for filing the return. 1355 |
---|
| 2072 | + | (b) (1) (A) The provisions of this subsection shall not apply to taxable 1356 |
---|
| 2073 | + | years commencing on or after January 1, 2018, and prior to January 1, 1357 |
---|
| 2074 | + | 2024. 1358 |
---|
| 2075 | + | (B) With respect to each of its nonresident partners, each partnership 1359 |
---|
| 2076 | + | doing business in this state or having income derived from or connected 1360 |
---|
| 2077 | + | with sources within this state shall, for each taxable year, make payment 1361 |
---|
| 2078 | + | to the commissioner as provided in subdivision (2) of this subsection. 1362 |
---|
| 2079 | + | (C) For taxable years commencing on or after January 1, 2024, the 1363 |
---|
| 2080 | + | payment due with respect to each nonresident partner under this 1364 |
---|
| 2081 | + | subsection shall be reduced by such partner's direct and indirect credit 1365 |
---|
| 2082 | + | properly reported by the partnership under subdivision (1) of 1366 |
---|
| 2083 | + | subsection (f) of section 12-699, as amended by this act. In no event shall 1367 |
---|
| 2084 | + | the payment with respect to any nonresident partner be less than zero. 1368 |
---|
| 2085 | + | (2) (A) Any payment under this subdivision shall be in an amount 1369 |
---|
| 2086 | + | equal to the highest marginal tax rate in effect under section 12-700, as 1370 |
---|
| 2087 | + | amended by this act, for the taxable year multiplied by the subject 1371 |
---|
| 2088 | + | partner's distributive share of (i) such partnership's separately and 1372 |
---|
| 2089 | + | nonseparately computed items, as described in Section 702(a) of the 1373 |
---|
| 2090 | + | Internal Revenue Code, to the extent derived from or connected with 1374 |
---|
| 2091 | + | sources within this state, as determined under this chapter, and (ii) any 1375 |
---|
| 2092 | + | modification described in section 12-701 which relates to an item of such 1376 |
---|
| 2093 | + | partnership's income, gain, loss or deduction, to the extent derived from 1377 |
---|
| 2094 | + | or connected with sources within this state, as determined under this 1378 |
---|
| 2095 | + | chapter. Any amount paid by a partnership to this state with respect to 1379 |
---|
| 2096 | + | any taxable year pursuant to this subdivision shall be considered to be 1380 |
---|
| 2097 | + | a payment by the partner on account of the income tax imposed on the 1381 |
---|
| 2098 | + | partner for such taxable year pursuant to this chapter. A partnership 1382 |
---|
| 2099 | + | shall not be liable to, and shall be entitled to recover a payment made 1383 |
---|
| 2100 | + | pursuant to this subdivision from, the partner on whose behalf the 1384 |
---|
| 2101 | + | payment was made. Any payment for a taxable year shall be made on 1385 Governor's Bill No. 981 |
---|
| 2102 | + | |
---|
| 2103 | + | |
---|
| 2104 | + | |
---|
| 2105 | + | LCO No. 4026 54 of 64 |
---|
| 2106 | + | |
---|
| 2107 | + | or before the date the annual return for such taxable year is required to 1386 |
---|
| 2108 | + | be filed pursuant to section 12-726. The partnership shall furnish, on a 1387 |
---|
| 2109 | + | form prescribed by the commissioner, to each partner on whose behalf 1388 |
---|
| 2110 | + | payment was made under this subdivision no later than the fifteenth 1389 |
---|
| 2111 | + | day of the [fourth] third month following the close of the partnership's 1390 |
---|
| 2112 | + | taxable year a record of the amount of the tax paid on behalf of such 1391 |
---|
| 2113 | + | partner by the partnership with respect to the taxable year. 1392 |
---|
| 2114 | + | (B) (i) If income from one or more pass-through entities, as defined in 1393 |
---|
| 2115 | + | subparagraph (D) of this subdivision, is the only source of income 1394 |
---|
| 2116 | + | derived from or connected with Connecticut sources of a partner, or the 1395 |
---|
| 2117 | + | partner and his or her spouse if a joint federal income tax return is or 1396 |
---|
| 2118 | + | shall be made, the filing by the partnership of an annual return pursuant 1397 |
---|
| 2119 | + | to section 12-726 and the payment by the partnership on behalf of the 1398 |
---|
| 2120 | + | partner of the tax prescribed under subparagraph (A) of this subdivision 1399 |
---|
| 2121 | + | shall satisfy the filing and payment requirements otherwise separately 1400 |
---|
| 2122 | + | imposed on the partner by this chapter. The commissioner may make 1401 |
---|
| 2123 | + | any deficiency assessment against, at the commissioner's sole discretion, 1402 |
---|
| 2124 | + | either the partnership or the partner, provided any such assessment 1403 |
---|
| 2125 | + | against the partner shall be limited to the partner's share thereof. Except 1404 |
---|
| 2126 | + | as otherwise provided in section 12-733, as amended by this act, any 1405 |
---|
| 2127 | + | such assessment shall be made not later than three years after the 1406 |
---|
| 2128 | + | partnership's annual return pursuant to section 12-726 is filed. The 1407 |
---|
| 2129 | + | commissioner may refund or credit any overpayment to either the 1408 |
---|
| 2130 | + | partnership or the partner, in the commissioner's sole discretion. Except 1409 |
---|
| 2131 | + | as otherwise provided in section 12-732, any such overpayment shall be 1410 |
---|
| 2132 | + | refunded or credited not later than three years from the due date of the 1411 |
---|
| 2133 | + | partnership's annual return pursuant to section 12-726 or, if the time for 1412 |
---|
| 2134 | + | filing such return was extended, not later than three years from the date 1413 |
---|
| 2135 | + | on which such return is filed or the extended due date of such return, 1414 |
---|
| 2136 | + | whichever is earlier. 1415 |
---|
| 2137 | + | (ii) If income from one or more pass-through entities, as defined in 1416 |
---|
| 2138 | + | subparagraph (D) of this subdivision, is not the only source of income 1417 |
---|
| 2139 | + | derived from or connected with Connecticut sources of a partner, or the 1418 |
---|
| 2140 | + | partner and his or her spouse if a joint federal income tax return is or 1419 Governor's Bill No. 981 |
---|
| 2141 | + | |
---|
| 2142 | + | |
---|
| 2143 | + | |
---|
| 2144 | + | LCO No. 4026 55 of 64 |
---|
| 2145 | + | |
---|
| 2146 | + | shall be made, nothing in this subdivision shall be construed as excusing 1420 |
---|
| 2147 | + | the partner from the obligation to file his or her own separate tax return 1421 |
---|
| 2148 | + | under this chapter. In such event, the partner shall receive credit for the 1422 |
---|
| 2149 | + | income tax paid under this subdivision by the partnership on his or her 1423 |
---|
| 2150 | + | behalf. The commissioner may make any deficiency assessment that is 1424 |
---|
| 2151 | + | related to the partner's share of partnership items against either, in the 1425 |
---|
| 2152 | + | commissioner's sole discretion, the partnership or the partner. If the 1426 |
---|
| 2153 | + | commissioner chooses to make any deficiency assessment against the 1427 |
---|
| 2154 | + | partnership, then, except as otherwise provided in section 12-733, as 1428 |
---|
| 2155 | + | amended by this act, any such assessment shall be made not later than 1429 |
---|
| 2156 | + | three years after the partnership's annual return pursuant to section 12-1430 |
---|
| 2157 | + | 726 is filed. The commissioner may refund or credit any overpayment 1431 |
---|
| 2158 | + | that is related to the partner's share of partnership items to either, in the 1432 |
---|
| 2159 | + | commissioner's sole discretion, the partnership or the partner. If the 1433 |
---|
| 2160 | + | commissioner chooses to refund or credit any overpayment to the 1434 |
---|
| 2161 | + | partnership, then, except as otherwise provided in section 12-732, any 1435 |
---|
| 2162 | + | such overpayment shall be refunded or credited not later than three 1436 |
---|
| 2163 | + | years from the due date of the partnership's annual return pursuant to 1437 |
---|
| 2164 | + | section 12-726 or, if the time for filing such return was extended, not 1438 |
---|
| 2165 | + | later than three years from the date on which such return is filed or the 1439 |
---|
| 2166 | + | extended due date of such return, whichever is earlier. 1440 |
---|
| 2167 | + | (C) Notwithstanding any provision of subparagraph (A) of this 1441 |
---|
| 2168 | + | subdivision, a partnership shall not be required to make a payment on 1442 |
---|
| 2169 | + | account of the income tax imposed on a partner for a taxable year 1443 |
---|
| 2170 | + | pursuant to this chapter if (i) the partner's distributive share of 1444 |
---|
| 2171 | + | partnership income, to the extent derived from or connected with 1445 |
---|
| 2172 | + | sources within this state, as reflected on the partnership's annual return 1446 |
---|
| 2173 | + | for the taxable year under section 12-726, is less than one thousand 1447 |
---|
| 2174 | + | dollars; (ii) the department has determined by regulation, ruling or 1448 |
---|
| 2175 | + | instruction that the partner's income is not subject to the provisions of 1449 |
---|
| 2176 | + | this subdivision; or (iii) the partnership is a publicly traded partnership, 1450 |
---|
| 2177 | + | as defined in Section 7704(b) of the Internal Revenue Code, that is 1451 |
---|
| 2178 | + | treated as a partnership for federal income tax purposes and that has 1452 |
---|
| 2179 | + | agreed to file the annual return pursuant to section 12-726, and to report 1453 Governor's Bill No. 981 |
---|
| 2180 | + | |
---|
| 2181 | + | |
---|
| 2182 | + | |
---|
| 2183 | + | LCO No. 4026 56 of 64 |
---|
| 2184 | + | |
---|
| 2185 | + | therewith the name, address, Social Security number or federal 1454 |
---|
| 2186 | + | employer identification number, and other information required by the 1455 |
---|
| 2187 | + | department concerning each unitholder whose distributive share of 1456 |
---|
| 2188 | + | partnership income, to the extent derived from or connected with 1457 |
---|
| 2189 | + | sources within this state, as reflected on such annual return, is more than 1458 |
---|
| 2190 | + | five hundred dollars. 1459 |
---|
| 2191 | + | (D) If a member of a pass-through entity, referred to in this 1460 |
---|
| 2192 | + | subparagraph as an "upper-tier pass-through entity", is itself a pass-1461 |
---|
| 2193 | + | through entity, the member, referred to in this subparagraph as a 1462 |
---|
| 2194 | + | "lower-tier pass-through entity", shall be subject to the same 1463 |
---|
| 2195 | + | requirements to make payment, on behalf of its members, of the income 1464 |
---|
| 2196 | + | tax imposed on those members pursuant to this chapter that apply to 1465 |
---|
| 2197 | + | the upper-tier pass-through entity under this subdivision. The 1466 |
---|
| 2198 | + | department shall apply the income tax paid by the upper-tier pass-1467 |
---|
| 2199 | + | through entity, on behalf of the lower-tier pass-through entity, to the 1468 |
---|
| 2200 | + | income tax required to paid by the lower-tier pass-through entity, on 1469 |
---|
| 2201 | + | behalf of its members. For purposes of this subdivision, "pass-through 1470 |
---|
| 2202 | + | entity" means an S corporation, general partnership, limited 1471 |
---|
| 2203 | + | partnership, limited liability partnership or limited liability company 1472 |
---|
| 2204 | + | that is treated as a partnership for federal income tax purposes; and 1473 |
---|
| 2205 | + | "member" means a shareholder of an S corporation, a partner in a 1474 |
---|
| 2206 | + | general partnership, a limited partnership, or a limited liability 1475 |
---|
| 2207 | + | partnership and a member of a limited liability company that is treated 1476 |
---|
| 2208 | + | as a partnership for federal income tax purposes. 1477 |
---|
| 2209 | + | (E) For purposes of section 12-740, a nonresident individual who is a 1478 |
---|
| 2210 | + | member of a pass-through entity, as defined in subparagraph (D) of this 1479 |
---|
| 2211 | + | subdivision, shall not be required to file an income tax return under this 1480 |
---|
| 2212 | + | chapter for a taxable year if, for such taxable year, the only source of 1481 |
---|
| 2213 | + | income derived from or connected with Connecticut sources of such 1482 |
---|
| 2214 | + | member, or the member and his or her spouse if a joint federal income 1483 |
---|
| 2215 | + | tax return is or shall be made, is from one or more pass-through entities, 1484 |
---|
| 2216 | + | and the sum of such income derived from or connected with 1485 |
---|
| 2217 | + | Connecticut sources from such one or more pass-through entities is less 1486 |
---|
| 2218 | + | than one thousand dollars. 1487 Governor's Bill No. 981 |
---|
| 2219 | + | |
---|
| 2220 | + | |
---|
| 2221 | + | |
---|
| 2222 | + | LCO No. 4026 57 of 64 |
---|
| 2223 | + | |
---|
| 2224 | + | (c) (1) (A) The provisions of this subsection shall not apply to taxable 1488 |
---|
| 2225 | + | years commencing on or after January 1, 2018, and prior to January 1, 1489 |
---|
| 2226 | + | 2024. 1490 |
---|
| 2227 | + | (B) With respect to each of its nonresident shareholders, each S 1491 |
---|
| 2228 | + | corporation doing business in this state or having income derived from 1492 |
---|
| 2229 | + | or connected with sources within this state shall, for each taxable year, 1493 |
---|
| 2230 | + | make payment to the commissioner as provided in subdivision (2) of 1494 |
---|
| 2231 | + | this subsection. 1495 |
---|
| 2232 | + | (C) For taxable years commencing on or after January 1, 2024, the 1496 |
---|
| 2233 | + | payment due with respect to each nonresident shareholder under this 1497 |
---|
| 2234 | + | subsection shall be reduced by such shareholder's direct and indirect 1498 |
---|
| 2235 | + | credit properly reported by the S corporation under subdivision (1) of 1499 |
---|
| 2236 | + | subsection (f) of section 12-699, as amended by this act. In no event shall 1500 |
---|
| 2237 | + | the payment with respect to any nonresident shareholder be less than 1501 |
---|
| 2238 | + | zero. 1502 |
---|
| 2239 | + | (2) (A) Any payment under this subdivision shall be in an amount 1503 |
---|
| 2240 | + | equal to the highest marginal tax rate in effect under section 12-700, as 1504 |
---|
| 2241 | + | amended by this act, for the taxable year multiplied by the subject 1505 |
---|
| 2242 | + | shareholder's pro rata share of (i) such S corporation's separately and 1506 |
---|
| 2243 | + | nonseparately computed items, as described in Section 1366 of the 1507 |
---|
| 2244 | + | Internal Revenue Code, to the extent derived from or connected with 1508 |
---|
| 2245 | + | sources within this state, as determined under this chapter, and (ii) any 1509 |
---|
| 2246 | + | modification described in section 12-701 which relates to an item of such 1510 |
---|
| 2247 | + | S corporation's income, gain, loss or deduction, to the extent derived 1511 |
---|
| 2248 | + | from or connected with sources within this state, as determined under 1512 |
---|
| 2249 | + | this chapter. Any amount paid by an S corporation to this state with 1513 |
---|
| 2250 | + | respect to any taxable year pursuant to this subdivision shall be 1514 |
---|
| 2251 | + | considered to be a payment by the shareholder on account of the income 1515 |
---|
| 2252 | + | tax imposed on the shareholder for such taxable year pursuant to this 1516 |
---|
| 2253 | + | chapter. An S corporation shall not be liable to, and shall be entitled to 1517 |
---|
| 2254 | + | recover a payment made pursuant to this subdivision from, the 1518 |
---|
| 2255 | + | shareholder on whose behalf the payment was made. Any payment for 1519 |
---|
| 2256 | + | a taxable year shall be made at or before the date the annual return for 1520 Governor's Bill No. 981 |
---|
| 2257 | + | |
---|
| 2258 | + | |
---|
| 2259 | + | |
---|
| 2260 | + | LCO No. 4026 58 of 64 |
---|
| 2261 | + | |
---|
| 2262 | + | such taxable year is required to be filed pursuant to section 12-726. The 1521 |
---|
| 2263 | + | S corporation shall furnish, on a form prescribed by the department, to 1522 |
---|
| 2264 | + | each shareholder on whose behalf payment was made under this 1523 |
---|
| 2265 | + | subdivision no later than the fifteenth day of the [fourth] third month 1524 |
---|
| 2266 | + | following the close of the S corporation's taxable year a record of the 1525 |
---|
| 2267 | + | amount of the tax paid on behalf of such shareholder by the S 1526 |
---|
| 2268 | + | corporation with respect to the taxable year. 1527 |
---|
| 2269 | + | (B) (i) If income from one or more pass-through entities, as defined in 1528 |
---|
| 2270 | + | subparagraph (D) of this subdivision, is the only source of income 1529 |
---|
| 2271 | + | derived from or connected with Connecticut sources of a shareholder, 1530 |
---|
| 2272 | + | or the shareholder and his or her spouse if a joint federal income tax 1531 |
---|
| 2273 | + | return is or shall be made, the filing by the S corporation of an annual 1532 |
---|
| 2274 | + | return pursuant to section 12-726 and the payment by the S corporation 1533 |
---|
| 2275 | + | on behalf of the shareholder of the tax prescribed under subparagraph 1534 |
---|
| 2276 | + | (A) of this subdivision shall satisfy the filing and payment requirements 1535 |
---|
| 2277 | + | otherwise separately imposed on the shareholder by this chapter. The 1536 |
---|
| 2278 | + | commissioner may make any deficiency assessment against, at the 1537 |
---|
| 2279 | + | commissioner's sole discretion, either the S corporation or the 1538 |
---|
| 2280 | + | shareholder, provided any such assessment against the shareholder 1539 |
---|
| 2281 | + | shall be limited to the shareholder's share thereof. Except as otherwise 1540 |
---|
| 2282 | + | provided in section 12-733, as amended by this act, any such assessment 1541 |
---|
| 2283 | + | shall be made not later than three years after the S corporation's annual 1542 |
---|
| 2284 | + | return pursuant to section 12-726 is filed. The commissioner may refund 1543 |
---|
| 2285 | + | or credit any overpayment to either the S corporation or the shareholder, 1544 |
---|
| 2286 | + | in the commissioner's sole discretion. Except as otherwise provided in 1545 |
---|
| 2287 | + | section 12-732, any such overpayment shall be refunded or credited not 1546 |
---|
| 2288 | + | later than three years from the due date of the S corporation's annual 1547 |
---|
| 2289 | + | return pursuant to section 12-726 or, if the time for filing such return 1548 |
---|
| 2290 | + | was extended, not later than three years from the date on which such 1549 |
---|
| 2291 | + | return is filed or the extended due date of such return, whichever is 1550 |
---|
| 2292 | + | earlier. 1551 |
---|
| 2293 | + | (ii) If income from one or more pass-through entities, as defined in 1552 |
---|
| 2294 | + | subparagraph (D) of subdivision (2) of subsection (b) of this section, is 1553 |
---|
| 2295 | + | not the only source of income derived from or connected with 1554 Governor's Bill No. 981 |
---|
| 2296 | + | |
---|
| 2297 | + | |
---|
| 2298 | + | |
---|
| 2299 | + | LCO No. 4026 59 of 64 |
---|
| 2300 | + | |
---|
| 2301 | + | Connecticut sources of a shareholder, or the shareholder and his or her 1555 |
---|
| 2302 | + | spouse if a joint federal income tax return is or shall be made, nothing 1556 |
---|
| 2303 | + | in this subdivision shall be construed as excusing the shareholder from 1557 |
---|
| 2304 | + | the obligation to file his or her own separate tax return under this 1558 |
---|
| 2305 | + | chapter. In such event, the shareholder shall receive credit for the 1559 |
---|
| 2306 | + | income tax paid under this subdivision by the S corporation on his or 1560 |
---|
| 2307 | + | her behalf. The commissioner may make any deficiency assessment that 1561 |
---|
| 2308 | + | is related to the shareholder's share of S corporation items against either, 1562 |
---|
| 2309 | + | in the commissioner's sole discretion, the S corporation or the 1563 |
---|
| 2310 | + | shareholder. If the commissioner chooses to make any deficiency 1564 |
---|
| 2311 | + | assessment against the S corporation, then, except as otherwise 1565 |
---|
| 2312 | + | provided in section 12-733, as amended by this act, any such assessment 1566 |
---|
| 2313 | + | shall be made not later than three years after the S corporation's annual 1567 |
---|
| 2314 | + | return pursuant to section 12-726 is filed. The commissioner may refund 1568 |
---|
| 2315 | + | or credit any overpayment that is related to the shareholder's share of S 1569 |
---|
| 2316 | + | corporation items to either, in the commissioner's sole discretion, the S 1570 |
---|
| 2317 | + | corporation or the shareholder. If the commissioner chooses to refund 1571 |
---|
| 2318 | + | or credit any overpayment to the S corporation, then, except as 1572 |
---|
| 2319 | + | otherwise provided in section 12-732, any such overpayment shall be 1573 |
---|
| 2320 | + | refunded or credited not later than three years from the due date of the 1574 |
---|
| 2321 | + | S corporation's annual return pursuant to section 12-726 or, if the time 1575 |
---|
| 2322 | + | for filing such return was extended, not later than three years from the 1576 |
---|
| 2323 | + | date on which such return is filed or the extended due date of such 1577 |
---|
| 2324 | + | return, whichever is earlier. 1578 |
---|
| 2325 | + | (C) Notwithstanding the provisions of subparagraph (A) of this 1579 |
---|
| 2326 | + | subdivision, an S corporation shall not be required to make a payment 1580 |
---|
| 2327 | + | on account of the income tax imposed on a shareholder for a taxable 1581 |
---|
| 2328 | + | year pursuant to this chapter if (i) the shareholder's distributive share of 1582 |
---|
| 2329 | + | S corporation income, to the extent derived from or connected with 1583 |
---|
| 2330 | + | sources within this state, as reflected on the S corporation's annual 1584 |
---|
| 2331 | + | return for the taxable year under section 12-726, is less than one 1585 |
---|
| 2332 | + | thousand dollars; or (ii) the department has determined by regulation, 1586 |
---|
| 2333 | + | ruling or instruction that the shareholder's income is not subject to the 1587 |
---|
| 2334 | + | provisions of this subdivision. 1588 Governor's Bill No. 981 |
---|
| 2335 | + | |
---|
| 2336 | + | |
---|
| 2337 | + | |
---|
| 2338 | + | LCO No. 4026 60 of 64 |
---|
| 2339 | + | |
---|
| 2340 | + | (D) For purposes of this subdivision, the provisions of subparagraphs 1589 |
---|
| 2341 | + | (D) and (E) of subdivision (2) of subsection (b) of this section apply. 1590 |
---|
| 2342 | + | (d) (1) In lieu of filing a return pursuant to this section, the 1591 |
---|
| 2343 | + | commissioner may, if he determines that the enforcement of this chapter 1592 |
---|
| 2344 | + | would not be adversely affected and pursuant to requirements and 1593 |
---|
| 2345 | + | conditions set forth in forms and instructions, provide for the filing of a 1594 |
---|
| 2346 | + | composite return for every qualifying nonresident member of a 1595 |
---|
| 2347 | + | professional athletic team by such team, if such team is doing business 1596 |
---|
| 2348 | + | in this state or the members of such team have compensation which is 1597 |
---|
| 2349 | + | received for services rendered as members of such team and which is 1598 |
---|
| 2350 | + | derived from or connected with sources within this state. 1599 |
---|
| 2351 | + | (2) If a professional athletic team is required to file a composite return 1600 |
---|
| 2352 | + | pursuant to this subsection, the commissioner may, if he determines that 1601 |
---|
| 2353 | + | the enforcement of this chapter would not be adversely affected, require 1602 |
---|
| 2354 | + | such team, in lieu of deducting and withholding Connecticut income tax 1603 |
---|
| 2355 | + | as may otherwise be required under section 12-705, to make payment to 1604 |
---|
| 2356 | + | the commissioner of tax, estimated tax, additions to tax, interest and 1605 |
---|
| 2357 | + | penalties otherwise required to be paid to the commissioner by such 1606 |
---|
| 2358 | + | qualifying nonresident members. 1607 |
---|
| 2359 | + | (3) The commissioner may, if he determines that the enforcement of 1608 |
---|
| 2360 | + | this chapter would not be adversely affected, require a professional 1609 |
---|
| 2361 | + | athletic team, in lieu of deducting and withholding Connecticut income 1610 |
---|
| 2362 | + | tax as may otherwise be required under section 12-705, to make 1611 |
---|
| 2363 | + | payment to the commissioner of tax, estimated tax, additions to tax, 1612 |
---|
| 2364 | + | interest and penalties otherwise required to be paid to the commissioner 1613 |
---|
| 2365 | + | by every (A) resident member, but only with respect to compensation 1614 |
---|
| 2366 | + | which is received for services rendered as a member of a professional 1615 |
---|
| 2367 | + | athletic team and (B) nonresident member who is not a qualifying 1616 |
---|
| 2368 | + | nonresident member, but only with respect to compensation which is 1617 |
---|
| 2369 | + | received for services rendered as a member of a professional athletic 1618 |
---|
| 2370 | + | team and which is derived from or connected with sources within this 1619 |
---|
| 2371 | + | state. 1620 Governor's Bill No. 981 |
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| 2372 | + | |
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| 2373 | + | |
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| 2374 | + | |
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| 2375 | + | LCO No. 4026 61 of 64 |
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| 2376 | + | |
---|
| 2377 | + | (4) Any amount paid by a professional athletic team to this state with 1621 |
---|
| 2378 | + | respect to any taxable period pursuant to this subsection shall be 1622 |
---|
| 2379 | + | considered to be a payment by the member on account of the income tax 1623 |
---|
| 2380 | + | imposed on the member for such taxable period pursuant to this 1624 |
---|
| 2381 | + | chapter. The team shall be entitled to recover a payment made pursuant 1625 |
---|
| 2382 | + | to this subsection from the member on whose behalf the payment was 1626 |
---|
| 2383 | + | made. 1627 |
---|
| 2384 | + | (5) For purposes of this subsection, "qualifying nonresident member" 1628 |
---|
| 2385 | + | means a member of a professional athletic team who is a nonresident 1629 |
---|
| 2386 | + | individual for the entire taxable year, who does not maintain a 1630 |
---|
| 2387 | + | permanent place of abode in Connecticut at any time during the taxable 1631 |
---|
| 2388 | + | year, who does not have income derived from or connected with sources 1632 |
---|
| 2389 | + | within this state other than compensation which is received for services 1633 |
---|
| 2390 | + | rendered as a member of a professional athletic team and which is 1634 |
---|
| 2391 | + | derived from or connected with sources within this state. 1635 |
---|
| 2392 | + | Sec. 17. Subparagraph (B) of subdivision (2) of subsection (a) of 1636 |
---|
| 2393 | + | section 12-217g of the general statutes is repealed and the following is 1637 |
---|
| 2394 | + | substituted in lieu thereof (Effective January 1, 2024, and applicable to 1638 |
---|
| 2395 | + | income years commencing on or after January 1, 2024): 1639 |
---|
| 2396 | + | (B) For taxable years commencing on or after January 1, 2022, with 1640 |
---|
| 2397 | + | respect to an affected business entity claiming a credit under this 1641 |
---|
| 2398 | + | subsection against the tax due under chapter 228z, the credit available 1642 |
---|
| 2399 | + | to the members of such entity pursuant to subdivision (1) of subsection 1643 |
---|
| 2400 | + | [(g)] (f) of section 12-699, as amended by this act, shall be based upon 1644 |
---|
| 2401 | + | the amount of tax due under chapter 228z from such entity prior to the 1645 |
---|
| 2402 | + | application of the credit granted under this subsection and any other 1646 |
---|
| 2403 | + | payments made against such tax due. 1647 |
---|
| 2404 | + | Sec. 18. Subdivision (4) of subsection (b) of section 12-733 of the 1648 |
---|
| 2405 | + | general statutes is repealed and the following is substituted in lieu 1649 |
---|
| 2406 | + | thereof (Effective January 1, 2024, and applicable to taxable years commencing 1650 |
---|
| 2407 | + | on or after January 1, 2024): 1651 |
---|
| 2408 | + | (4) If an affected business entity, as defined in section 12-699, as 1652 Governor's Bill No. 981 |
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| 2409 | + | |
---|
| 2410 | + | |
---|
| 2411 | + | |
---|
| 2412 | + | LCO No. 4026 62 of 64 |
---|
| 2413 | + | |
---|
| 2414 | + | amended by this act, omits from the Connecticut adjusted gross income 1653 |
---|
| 2415 | + | derived from or connected with sources within Connecticut of any 1654 |
---|
| 2416 | + | member of such affected business entity an amount properly includable 1655 |
---|
| 2417 | + | therein that is in excess of twenty-five per cent of the amount of 1656 |
---|
| 2418 | + | Connecticut adjusted gross income derived from or connected with 1657 |
---|
| 2419 | + | sources within Connecticut stated in the return [required under] filed 1658 |
---|
| 2420 | + | pursuant to section 12-699, as amended by this act, or section 12-719, as 1659 |
---|
| 2421 | + | amended by this act, a notice of a proposed deficiency assessment may 1660 |
---|
| 2422 | + | be mailed to the taxpayer not later than six years after the date on which 1661 |
---|
| 2423 | + | the return is filed. For purposes of this subdivision, there shall not be 1662 |
---|
| 2424 | + | taken into account any amount that is omitted in the return if such 1663 |
---|
| 2425 | + | amount is disclosed in the return, or in a statement attached to the 1664 |
---|
| 2426 | + | return, in a manner adequate to apprise the commissioner of the nature 1665 |
---|
| 2427 | + | and the amount of such item. 1666 |
---|
| 2428 | + | Sec. 19. Section 32-7u of the general statutes is repealed and the 1667 |
---|
| 2429 | + | following is substituted in lieu thereof (Effective January 1, 2024, and 1668 |
---|
| 2430 | + | applicable to taxable years commencing on or after January 1, 2024): 1669 |
---|
| 2431 | + | As used in this section, "affected business entity" and "member" have 1670 |
---|
| 2432 | + | the same meanings as provided in subsection (a) of section 12-699, as 1671 |
---|
| 2433 | + | amended by this act. An affected business entity that receives a rebate 1672 |
---|
| 2434 | + | under section 32-7t shall claim such rebate as a credit against the tax due 1673 |
---|
| 2435 | + | under chapter 228z. If the amount of the rebate allowed pursuant to 1674 |
---|
| 2436 | + | section 32-7t exceeds the liability for the tax imposed under chapter 1675 |
---|
| 2437 | + | 228z, the Commissioner of Revenue Services shall treat such excess as 1676 |
---|
| 2438 | + | an overpayment and shall refund the amount of such excess, without 1677 |
---|
| 2439 | + | interest, to the taxpayer. With respect to an affected business entity 1678 |
---|
| 2440 | + | granted a rebate pursuant to section 32-7t, the credit available to the 1679 |
---|
| 2441 | + | members of such entity pursuant to subdivision (1) of subsection [(g)] 1680 |
---|
| 2442 | + | (f) of section 12-699, as amended by this act, shall be based upon the 1681 |
---|
| 2443 | + | amount of tax due under chapter 228z from such entity prior to the 1682 |
---|
| 2444 | + | application of the rebate granted pursuant to section 32-7t and any other 1683 |
---|
| 2445 | + | payments made against such tax due. 1684 |
---|
| 2446 | + | Sec. 20. Section 12-699b of the general statutes is repealed. (Effective 1685 Governor's Bill No. 981 |
---|
| 2447 | + | |
---|
| 2448 | + | |
---|
| 2449 | + | |
---|
| 2450 | + | LCO No. 4026 63 of 64 |
---|
| 2451 | + | |
---|
| 2452 | + | January 1, 2024) 1686 |
---|
| 2453 | + | Sec. 21. Section 453 of public act 21-2 of the June special session, as 1687 |
---|
| 2454 | + | amended by section 471 of public act 22-118, is repealed. (Effective from 1688 |
---|
| 2455 | + | passage)1689 |
---|