LCO \\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB-00981-R01- SB.docx 1 of 99 General Assembly Substitute Bill No. 981 January Session, 2023 AN ACT CONCERNING REVENUE ITEMS TO IMPLEMENT THE BIENNIAL BUDGET. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (4) of subsection (b) of section 12-214 of the 1 general statutes is repealed and the following is substituted in lieu 2 thereof (Effective from passage and applicable to income years commencing on 3 or after January 1, 2023): 4 (4) (A) With respect to income years commencing on or after January 5 1, 2018, and prior to January 1, [2023] 2026, any company subject to the 6 tax imposed in accordance with subsection (a) of this section shall pay, 7 for such income year, except when the tax so calculated is equal to two 8 hundred fifty dollars, an additional tax in an amount equal to ten per 9 cent of the tax calculated under said subsection (a) for such income year, 10 without reduction of the tax so calculated by the amount of any credit 11 against such tax. The additional amount of tax determined under this 12 subsection for any income year shall constitute a part of the tax imposed 13 by the provisions of said subsection (a) and shall become due and be 14 paid, collected and enforced as provided in this chapter. 15 (B) Any company whose gross income for the income year was less 16 than one hundred million dollars shall not be subject to the additional 17 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 2 of 99 tax imposed under subparagraph (A) of this subdivision. This exception 18 shall not apply to taxable members of a combined group that files a 19 combined unitary tax return. 20 Sec. 2. Subdivision (4) of subsection (b) of section 12-219 of the general 21 statutes is repealed and the following is substituted in lieu thereof 22 (Effective from passage and applicable to income years commencing on or after 23 January 1, 2023): 24 (4) (A) With respect to income years commencing on or after January 25 1, 2018, and prior to January 1, [2023] 2026, the additional tax imposed 26 on any company and calculated in accordance with subsection (a) of this 27 section shall, for such income year, except when the tax so calculated is 28 equal to two hundred fifty dollars, be increased by adding thereto an 29 amount equal to ten per cent of the additional tax so calculated for such 30 income year, without reduction of the tax so calculated by the amount 31 of any credit against such tax. The increased amount of tax payable by 32 any company under this section, as determined in accordance with this 33 subsection, shall become due and be paid, collected and enforced as 34 provided in this chapter. 35 (B) Any company whose gross income for the income year was less 36 than one hundred million dollars shall not be subject to the additional 37 tax imposed under subparagraph (A) of this subdivision. This exception 38 shall not apply to taxable members of a combined group that files a 39 combined unitary tax return. 40 Sec. 3. (Effective from passage) The provisions of section 12-242d of the 41 general statutes shall not apply to any additional tax due as a result of 42 the changes made to subdivision (4) of subsection (b) of section 12-214 43 of the general statutes pursuant to section 1 of this act or to subdivision 44 (4) of section 12-219 of the general statutes pursuant to section 2 of this 45 act, for income years commencing on or after January 1, 2023, but prior 46 to the effective date of sections 1 and 2 of this act. 47 Sec. 4. Section 12-217x of the general statutes is repealed and the 48 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 3 of 99 following is substituted in lieu thereof (Effective January 1, 2024): 49 (a) For purposes of this section, "human capital investment" means 50 the amount paid or incurred by a corporation on: 51 (1) [job] Job training [which] that occurs in this state for persons who 52 are employed in this state; 53 (2) [work] Work education programs in this state, including, but not 54 limited to, programs in public high schools and work education-55 diversified occupations programs in this state; 56 (3) [worker] Worker training and education for persons who are 57 employed in this state provided by institutions of higher education in 58 this state; 59 (4) [donations] Donations or capital contributions to institutions of 60 higher education in this state for improvements or advancements of 61 technology, including physical plant improvements; 62 (5) [planning] Planning, site preparation, construction, renovation or 63 acquisition of facilities in this state for the purpose of establishing a child 64 care center, as described in section 19a-77, in this state to be used 65 primarily by the children of employees who are employed in this state; 66 (6) [subsidies] Donations or capital contributions to an organization 67 exempt from taxation pursuant to Section 501(c)(3) of the Internal 68 Revenue Code of 1986, or any subsequent corresponding internal 69 revenue code of the United States, as amended from time to time, for the 70 planning, site preparation, construction, renovation or acquisition of 71 facilities in this state for the purpose of establishing a child care center 72 in this state to be used by children residing in the community, including 73 the children of employees who are employed in this state; 74 (7) Subsidies to employees who are employed in this state for child 75 care to be provided in this state; and 76 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 4 of 99 [(7) contributions] (8) Contributions made to the Individual 77 Development Account Reserve Fund, as defined in section 31-51ww. 78 (b) There shall be allowed a credit for any corporation against the tax 79 imposed under this chapter in an amount spent by such corporation, as 80 a human capital investment as follows: (1) For any income year 81 commencing on or after January 1, 1998, and prior to January 1, 1999, 82 equal to three per cent of such amount paid or incurred by the 83 corporation during such income year; (2) for any income year 84 commencing on or after January 1, 1999, and prior to January 1, 2000, 85 equal to four per cent of such amount paid or incurred by the 86 corporation during such income year; [and] (3) for any income year 87 commencing on or after January 1, 2000, equal to five per cent of such 88 amount paid or incurred by the corporation during such income year; 89 and (4) for any income year commencing on or after January 1, 2024, (A) 90 equal to ten per cent of the amount paid or incurred by the corporation 91 during such income year for the purposes set forth in subdivisions (1) 92 to (4), inclusive, and subdivision (8) of subsection (a) of this section, and 93 (B) equal to twenty-five per cent of the amount paid or incurred by the 94 corporation during such income year for the purposes set forth in 95 subdivisions (5) to (7), inclusive, of subsection (a) of this section. 96 (c) The amount of credit allowed to any corporation under this 97 section shall not exceed the amount of tax due from such corporation 98 under this chapter with respect to such income year. 99 (d) No corporation claiming the credit under this section with respect 100 to a human capital investment as defined in subsection (a) of this section 101 shall claim a credit against any tax under any other provision of the 102 general statutes against any tax with respect to the same investment. 103 (e) Any tax credit not used in the income year during which the 104 investment was made may be carried forward for the five immediately 105 succeeding income years until the full credit has been allowed. 106 Sec. 5. Subsection (a) of section 12-704e of the general statutes is 107 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 5 of 99 repealed and the following is substituted in lieu thereof (Effective from 108 passage): 109 (a) Any resident of this state, as defined in subdivision (1) of 110 subsection (a) of section 12-701, who is subject to the tax imposed under 111 this chapter for any taxable year shall be allowed a credit against the tax 112 otherwise due under this chapter in an amount equal to the applicable 113 percentage of the earned income credit claimed and allowed for the 114 same taxable year under Section 32 of the Internal Revenue Code, as 115 defined in subsection (a) of section 12-701, as amended by this act. As 116 used in this section, "applicable percentage" means (1) twenty-three per 117 cent for taxable years commencing prior to January 1, 2021, [and] (2) 118 thirty and one-half per cent for taxable years commencing on or after 119 January 1, 2021, and prior to January 1, 2023, and (3) forty-five per cent 120 for taxable years commencing on or after January 1, 2023. 121 Sec. 6. Subsection (a) of section 12-700 of the general statutes is 122 repealed and the following is substituted in lieu thereof (Effective January 123 1, 2024): 124 (a) There is hereby imposed on the Connecticut taxable income of 125 each resident of this state a tax: 126 (1) At the rate of four and one-half per cent of such Connecticut 127 taxable income for taxable years commencing on or after January 1, 128 1992, and prior to January 1, 1996. 129 (2) For taxable years commencing on or after January 1, 1996, but 130 prior to January 1, 1997, in accordance with the following schedule: 131 (A) For any person who files a return under the federal income tax 132 for such taxable year as an unmarried individual or as a married 133 individual filing separately: 134 T1 Connecticut Taxable Income Rate of Tax T2 Not over $2,250 3.0% Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 6 of 99 T3 Over $2,250 $67.50, plus 4.5% of the T4 excess over $2,250 (B) For any person who files a return under the federal income tax for 135 such taxable year as a head of household, as defined in Section 2(b) of 136 the Internal Revenue Code: 137 T5 Connecticut Taxable Income Rate of Tax T6 Not over $3,500 3.0% T7 Over $3,500 $105.00, plus 4.5% of the T8 excess over $3,500 (C) For any husband and wife who file a return under the federal 138 income tax for such taxable year as married individuals filing jointly or 139 a person who files a return under the federal income tax as a surviving 140 spouse, as defined in Section 2(a) of the Internal Revenue Code: 141 T9 Connecticut Taxable Income Rate of Tax T10 Not over $4,500 3.0% T11 Over $4,500 $135.00, plus 4.5% of the T12 excess over $4,500 (D) For trusts or estates, the rate of tax shall be 4.5% of their 142 Connecticut taxable income. 143 (3) For taxable years commencing on or after January 1, 1997, but 144 prior to January 1, 1998, in accordance with the following schedule: 145 (A) For any person who files a return under the federal income tax 146 for such taxable year as an unmarried individual or as a married 147 individual filing separately: 148 T13 Connecticut Taxable Income Rate of Tax Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 7 of 99 T14 Not over $6,250 3.0% T15 Over $6,250 $187.50, plus 4.5% of the T16 excess over $6,250 (B) For any person who files a return under the federal income tax for 149 such taxable year as a head of household, as defined in Section 2(b) of 150 the Internal Revenue Code: 151 T17 Connecticut Taxable Income Rate of Tax T18 Not over $10,000 3.0% T19 Over $10,000 $300.00, plus 4.5% of the T20 excess over $10,000 (C) For any husband and wife who file a return under the federal 152 income tax for such taxable year as married individuals filing jointly or 153 any person who files a return under the federal income tax for such 154 taxable year as a surviving spouse, as defined in Section 2(a) of the 155 Internal Revenue Code: 156 T21 Connecticut Taxable Income Rate of Tax T22 Not over $12,500 3.0% T23 Over $12,500 $375.00, plus 4.5% of the T24 excess over $12,500 (D) For trusts or estates, the rate of tax shall be 4.5% of their 157 Connecticut taxable income. 158 (4) For taxable years commencing on or after January 1, 1998, but 159 prior to January 1, 1999, in accordance with the following schedule: 160 (A) For any person who files a return under the federal income tax 161 for such taxable year as an unmarried individual or as a married 162 individual filing separately: 163 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 8 of 99 T25 Connecticut Taxable Income Rate of Tax T26 Not over $7,500 3.0% T27 Over $7,500 $225.00, plus 4.5% of the T28 excess over $7,500 (B) For any person who files a return under the federal income tax for 164 such taxable year as a head of household, as defined in Section 2(b) of 165 the Internal Revenue Code: 166 T29 Connecticut Taxable Income Rate of Tax T30 Not over $12,000 3.0% T31 Over $12,000 $360.00, plus 4.5% of the T32 excess over $12,000 (C) For any husband and wife who file a return under the federal 167 income tax for such taxable year as married individuals filing jointly or 168 any person who files a return under the federal income tax for such 169 taxable year as a surviving spouse, as defined in Section 2(a) of the 170 Internal Revenue Code: 171 T33 Connecticut Taxable Income Rate of Tax T34 Not over $15,000 3.0% T35 Over $15,000 $450.00, plus 4.5% of the T36 excess over $15,000 (D) For trusts or estates, the rate of tax shall be 4.5% of their 172 Connecticut taxable income. 173 (5) For taxable years commencing on or after January 1, 1999, but 174 prior to January 1, 2003, in accordance with the following schedule: 175 (A) For any person who files a return under the federal income tax 176 for such taxable year as an unmarried individual or as a married 177 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 9 of 99 individual filing separately: 178 T37 Connecticut Taxable Income Rate of Tax T38 Not over $10,000 3.0% T39 Over $10,000 $300.00, plus 4.5% of the T40 excess over $10,000 (B) For any person who files a return under the federal income tax for 179 such taxable year as a head of household, as defined in Section 2(b) of 180 the Internal Revenue Code: 181 T41 Connecticut Taxable Income Rate of Tax T42 Not over $16,000 3.0% T43 Over $16,000 $480.00, plus 4.5% of the T44 excess over $16,000 (C) For any husband and wife who file a return under the federal 182 income tax for such taxable year as married individuals filing jointly or 183 any person who files a return under the federal income tax for such 184 taxable year as a surviving spouse, as defined in Section 2(a) of the 185 Internal Revenue Code: 186 T45 Connecticut Taxable Income Rate of Tax T46 Not over $20,000 3.0% T47 Over $20,000 $600.00, plus 4.5% of the T48 excess over $20,000 (D) For trusts or estates, the rate of tax shall be 4.5% of their 187 Connecticut taxable income. 188 (6) For taxable years commencing on or after January 1, 2003, but 189 prior to January 1, 2009, in accordance with the following schedule: 190 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 10 of 99 (A) For any person who files a return under the federal income tax 191 for such taxable year as an unmarried individual or as a married 192 individual filing separately: 193 T49 Connecticut Taxable Income Rate of Tax T50 Not over $10,000 3.0% T51 Over $10,000 $300.00, plus 5.0% of the T52 excess over $10,000 (B) For any person who files a return under the federal income tax for 194 such taxable year as a head of household, as defined in Section 2(b) of 195 the Internal Revenue Code: 196 T53 Connecticut Taxable Income Rate of Tax T54 Not over $16,000 3.0% T55 Over $16,000 $480.00, plus 5.0% of the T56 excess over $16,000 (C) For any husband and wife who file a return under the federal 197 income tax for such taxable year as married individuals filing jointly or 198 any person who files a return under the federal income tax for such 199 taxable year as a surviving spouse, as defined in Section 2(a) of the 200 Internal Revenue Code: 201 T57 Connecticut Taxable Income Rate of Tax T58 Not over $20,000 3.0% T59 Over $20,000 $600.00, plus 5.0% of the T60 excess over $20,000 (D) For trusts or estates, the rate of tax shall be 5.0% of the 202 Connecticut taxable income. 203 (7) For taxable years commencing on or after January 1, 2009, but 204 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 11 of 99 prior to January 1, 2011, in accordance with the following schedule: 205 (A) For any person who files a return under the federal income tax 206 for such taxable year as an unmarried individual: 207 T61 Connecticut Taxable Income Rate of Tax T62 Not over $10,000 3.0% T63 Over $10,000 but not $300.00, plus 5.0% of the T64 over $500,000 excess over $10,000 T65 Over $500,000 $24,800, plus 6.5% of the T66 excess over $500,000 (B) For any person who files a return under the federal income tax for 208 such taxable year as a head of household, as defined in Section 2(b) of 209 the Internal Revenue Code: 210 T67 Connecticut Taxable Income Rate of Tax T68 Not over $16,000 3.0% T69 Over $16,000 but not $480.00, plus 5.0% of the T70 over $800,000 excess over $16,000 T71 Over $800,000 $39,680, plus 6.5% of the T72 excess over $800,000 (C) For any husband and wife who file a return under the federal 211 income tax for such taxable year as married individuals filing jointly or 212 any person who files a return under the federal income tax for such 213 taxable year as a surviving spouse, as defined in Section 2(a) of the 214 Internal Revenue Code: 215 T73 Connecticut Taxable Income Rate of Tax T74 Not over $20,000 3.0% T75 Over $20,000 but not $600.00, plus 5.0% of the T76 over $1,000,000 excess over $20,000 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 12 of 99 T77 Over $1,000,000 $49,600, plus 6.5% of the T78 excess over $1,000,000 (D) For any person who files a return under the federal income tax 216 for such taxable year as a married individual filing separately: 217 T79 Connecticut Taxable Income Rate of Tax T80 Not over $10,000 3.0% T81 Over $10,000 but not $300.00, plus 5.0% of the T82 over $500,000 excess over $10,000 T83 Over $500,000 $24,800, plus 6.5% of the T84 excess over $500,000 (E) For trusts or estates, the rate of tax shall be 6.5% of the Connecticut 218 taxable income. 219 (8) For taxable years commencing on or after January 1, 2011, but 220 prior to January 1, 2015, in accordance with the following schedule: 221 (A) (i) For any person who files a return under the federal income tax 222 for such taxable year as an unmarried individual: 223 T85 Connecticut Taxable Income Rate of Tax T86 Not over $10,000 3.0% T87 Over $10,000 but not $300.00, plus 5.0% of the T88 over $50,000 excess over $10,000 T89 Over $50,000 but not $2,300, plus 5.5% of the T90 over $100,000 excess over $50,000 T91 Over $100,000 but not $5,050, plus 6.0% of the T92 over $200,000 excess over $100,000 T93 Over $200,000 but not $11,050, plus 6.5% of the T94 over $250,000 excess over $200,000 T95 Over $250,000 $14,300, plus 6.70% of the T96 excess over $250,000 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 13 of 99 (ii) Notwithstanding the provisions of subparagraph (A)(i) of this 224 subdivision, for each taxpayer whose Connecticut adjusted gross 225 income exceeds fifty-six thousand five hundred dollars, the amount of 226 the taxpayer's Connecticut taxable income to which the three-per-cent 227 tax rate applies shall be reduced by one thousand dollars for each five 228 thousand dollars, or fraction thereof, by which the taxpayer's 229 Connecticut adjusted gross income exceeds said amount. Any such 230 amount of Connecticut taxable income to which, as provided in the 231 preceding sentence, the three-per-cent tax rate does not apply shall be 232 an amount to which the five-per-cent tax rate shall apply. 233 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 234 two hundred thousand dollars shall pay, in addition to the tax 235 computed under the provisions of subparagraphs (A)(i) and (A)(ii) of 236 this subdivision, an amount equal to seventy-five dollars for each five 237 thousand dollars, or fraction thereof, by which the taxpayer's 238 Connecticut adjusted gross income exceeds two hundred thousand 239 dollars, up to a maximum payment of two thousand two hundred fifty 240 dollars. 241 (B) (i) For any person who files a return under the federal income tax 242 for such taxable year as a head of household, as defined in Section 2(b) 243 of the Internal Revenue Code: 244 T97 Connecticut Taxable Income Rate of Tax T98 Not over $16,000 3.0% T99 Over $16,000 but not $480.00, plus 5.0% of the T100 over $80,000 excess over $16,000 T101 Over $80,000 but not $3,680, plus 5.5% of the T102 over $160,000 excess over $80,000 T103 Over $160,000 but not $8,080, plus 6.0% of the T104 over $320,000 excess over $160,000 T105 Over $320,000 but not $17,680, plus 6.5% of the Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 14 of 99 T106 over $400,000 excess over $320,000 T107 Over $400,000 $22,880, plus 6.70% of the T108 excess over $400,000 (ii) Notwithstanding the provisions of subparagraph (B)(i) of this 245 subdivision, for each taxpayer whose Connecticut adjusted gross 246 income exceeds seventy-eight thousand five hundred dollars, the 247 amount of the taxpayer's Connecticut taxable income to which the three-248 per-cent tax rate applies shall be reduced by one thousand six hundred 249 dollars for each four thousand dollars, or fraction thereof, by which the 250 taxpayer's Connecticut adjusted gross income exceeds said amount. 251 Any such amount of Connecticut taxable income to which, as provided 252 in the preceding sentence, the three-per-cent tax rate does not apply 253 shall be an amount to which the five-per-cent tax rate shall apply. 254 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 255 three hundred twenty thousand dollars shall pay, in addition to the tax 256 computed under the provisions of subparagraphs (B)(i) and (B)(ii) of 257 this subdivision, an amount equal to one hundred twenty dollars for 258 each eight thousand dollars, or fraction thereof, by which the taxpayer's 259 Connecticut adjusted gross income exceeds three hundred twenty 260 thousand dollars, up to a maximum payment of three thousand six 261 hundred dollars. 262 (C) (i) For any husband and wife who file a return under the federal 263 income tax for such taxable year as married individuals filing jointly or 264 any person who files a return under the federal income tax for such 265 taxable year as a surviving spouse, as defined in Section 2(a) of the 266 Internal Revenue Code: 267 T109 Connecticut Taxable Income Rate of Tax T110 Not over $20,000 3.0% T111 Over $20,000 but not $600.00, plus 5.0% of the T112 over $100,000 excess over $20,000 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 15 of 99 T113 Over $100,000 but not $4,600, plus 5.5% of the T114 over $200,000 excess over $100,000 T115 Over $200,000 but not $10,100, plus 6.0% of the T116 over $400,000 excess over $200,000 T117 Over $400,000 but not $22,100, plus 6.5% of the T118 over $500,000 excess over $400,000 T119 Over $500,000 $28,600, plus 6.70% of the T120 excess over $500,000 (ii) Notwithstanding the provisions of subparagraph (C)(i) of this 268 subdivision, for each taxpayer whose Connecticut adjusted gross 269 income exceeds one hundred thousand five hundred dollars, the 270 amount of the taxpayer's Connecticut taxable income to which the three-271 per-cent tax rate applies shall be reduced by two thousand dollars for 272 each five thousand dollars, or fraction thereof, by which the taxpayer's 273 Connecticut adjusted gross income exceeds said amount. Any such 274 amount of Connecticut taxable income to which, as provided in the 275 preceding sentence, the three-per-cent tax rate does not apply shall be 276 an amount to which the five-per-cent tax rate shall apply. 277 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 278 four hundred thousand dollars shall pay, in addition to the tax 279 computed under the provisions of subparagraphs (C)(i) and (C)(ii) of 280 this subdivision, an amount equal to one hundred fifty dollars for each 281 ten thousand dollars, or fraction thereof, by which the taxpayer's 282 Connecticut adjusted gross income exceeds four hundred thousand 283 dollars, up to a maximum payment of four thousand five hundred 284 dollars. 285 (D) (i) For any person who files a return under the federal income tax 286 for such taxable year as a married individual filing separately: 287 T121 Connecticut Taxable Income Rate of Tax Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 16 of 99 T122 Not over $10,000 3.0% T123 Over $10,000 but not $300.00, plus 5.0% of the T124 over $50,000 excess over $10,000 T125 Over $50,000 but not $2,300, plus 5.5% of the T126 over $100,000 excess over $50,000 T127 Over $100,000 but not $5,050, plus 6.0% of the T128 over $200,000 excess over $100,000 T129 Over $200,000 but not $11,050, plus 6.5% of the T130 over $250,000 excess over $200,000 T131 Over $250,000 $14,300, plus 6.70% of the T132 excess over $250,000 (ii) Notwithstanding the provisions of subparagraph (D)(i) of this 288 subdivision, for each taxpayer whose Connecticut adjusted gross 289 income exceeds fifty thousand two hundred fifty dollars, the amount of 290 the taxpayer's Connecticut taxable income to which the three-per-cent 291 tax rate applies shall be reduced by one thousand dollars for each two 292 thousand five hundred dollars, or fraction thereof, by which the 293 taxpayer's Connecticut adjusted gross income exceeds said amount. 294 Any such amount of Connecticut taxable income to which, as provided 295 in the preceding sentence, the three-per-cent tax rate does not apply 296 shall be an amount to which the five-per-cent tax rate shall apply. 297 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 298 two hundred thousand dollars shall pay, in addition to the tax 299 computed under the provisions of subparagraphs (D)(i) and (D)(ii) of 300 this subdivision, an amount equal to seventy-five dollars for each five 301 thousand dollars, or fraction thereof, by which the taxpayer's 302 Connecticut adjusted gross income exceeds two hundred thousand 303 dollars, up to a maximum payment of two thousand two hundred fifty 304 dollars. 305 (E) For trusts or estates, the rate of tax shall be 6.70% of the 306 Connecticut taxable income. 307 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 17 of 99 (9) For taxable years commencing on or after January 1, 2015, but 308 prior to January 1, 2024, in accordance with the following schedule: 309 (A) (i) For any person who files a return under the federal income tax 310 for such taxable year as an unmarried individual: 311 T133 Connecticut Taxable Income Rate of Tax T134 Not over $10,000 3.0% T135 Over $10,000 but not $300.00, plus 5.0% of the T136 over $50,000 excess over $10,000 T137 Over $50,000 but not $2,300, plus 5.5% of the T138 over $100,000 excess over $50,000 T139 Over $100,000 but not $5,050, plus 6.0% of the T140 over $200,000 excess over $100,000 T141 Over $200,000 but not $11,050, plus 6.5% of the T142 over $250,000 excess over $200,000 T143 Over $250,000 but not $14,300, plus 6.9% of the T144 over $500,000 excess over $250,000 T145 Over $500,000 $31,550, plus 6.99% of the T146 excess over $500,000 (ii) Notwithstanding the provisions of subparagraph (A)(i) of this 312 subdivision, for each taxpayer whose Connecticut adjusted gross 313 income exceeds fifty-six thousand five hundred dollars, the amount of 314 the taxpayer's Connecticut taxable income to which the three-per-cent 315 tax rate applies shall be reduced by one thousand dollars for each five 316 thousand dollars, or fraction thereof, by which the taxpayer's 317 Connecticut adjusted gross income exceeds said amount. Any such 318 amount of Connecticut taxable income to which, as provided in the 319 preceding sentence, the three-per-cent tax rate does not apply shall be 320 an amount to which the five-per-cent tax rate shall apply. 321 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 322 two hundred thousand dollars shall pay, in addition to the tax 323 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 18 of 99 computed under the provisions of subparagraphs (A)(i) and (A)(ii) of 324 this subdivision, an amount equal to ninety dollars for each five 325 thousand dollars, or fraction thereof, by which the taxpayer's 326 Connecticut adjusted gross income exceeds two hundred thousand 327 dollars, up to a maximum payment of two thousand seven hundred 328 dollars. 329 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 330 five hundred thousand dollars shall pay, in addition to the tax 331 computed under the provisions of subparagraphs (A)(i), (A)(ii) and 332 (A)(iii) of this subdivision, an amount equal to fifty dollars for each five 333 thousand dollars, or fraction thereof, by which the taxpayer's 334 Connecticut adjusted gross income exceeds five hundred thousand 335 dollars, up to a maximum payment of four hundred fifty dollars. 336 (B) (i) For any person who files a return under the federal income tax 337 for such taxable year as a head of household, as defined in Section 2(b) 338 of the Internal Revenue Code: 339 T147 Connecticut Taxable Income Rate of Tax T148 Not over $16,000 3.0% T149 Over $16,000 but not $480.00, plus 5.0% of the T150 over $80,000 excess over $16,000 T151 Over $80,000 but not $3,680, plus 5.5% of the T152 over $160,000 excess over $80,000 T153 Over $160,000 but not $8,080, plus 6.0% of the T154 over $320,000 excess over $160,000 T155 Over $320,000 but not $17,680, plus 6.5% of the T156 over $400,000 excess over $320,000 T157 Over $400,000 but not $22,880, plus 6.9% of the T158 over $800,000 excess over $400,000 T159 Over $800,000 $50,480, plus 6.99% of the T160 excess over $800,000 (ii) Notwithstanding the provisions of subparagraph (B)(i) of this 340 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 19 of 99 subdivision, for each taxpayer whose Connecticut adjusted gross 341 income exceeds seventy-eight thousand five hundred dollars, the 342 amount of the taxpayer's Connecticut taxable income to which the three-343 per-cent tax rate applies shall be reduced by one thousand six hundred 344 dollars for each four thousand dollars, or fraction thereof, by which the 345 taxpayer's Connecticut adjusted gross income exceeds said amount. 346 Any such amount of Connecticut taxable income to which, as provided 347 in the preceding sentence, the three-per-cent tax rate does not apply 348 shall be an amount to which the five-per-cent tax rate shall apply. 349 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 350 three hundred twenty thousand dollars shall pay, in addition to the tax 351 computed under the provisions of subparagraphs (B)(i) and (B)(ii) of 352 this subdivision, an amount equal to one hundred forty dollars for each 353 eight thousand dollars, or fraction thereof, by which the taxpayer's 354 Connecticut adjusted gross income exceeds three hundred twenty 355 thousand dollars, up to a maximum payment of four thousand two 356 hundred dollars. 357 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 358 eight hundred thousand dollars shall pay, in addition to the tax 359 computed under the provisions of subparagraphs (B)(i), (B)(ii) and 360 (B)(iii) of this subdivision, an amount equal to eighty dollars for each 361 eight thousand dollars, or fraction thereof, by which the taxpayer's 362 Connecticut adjusted gross income exceeds eight hundred thousand 363 dollars, up to a maximum payment of seven hundred twenty dollars. 364 (C) (i) For any husband and wife who file a return under the federal 365 income tax for such taxable year as married individuals filing jointly or 366 any person who files a return under the federal income tax for such 367 taxable year as a surviving spouse, as defined in Section 2(a) of the 368 Internal Revenue Code: 369 T161 Connecticut Taxable Income Rate of Tax T162 Not over $20,000 3.0% Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 20 of 99 T163 Over $20,000 but not $600.00, plus 5.0% of the T164 over $100,000 excess over $20,000 T165 Over $100,000 but not $4,600, plus 5.5% of the T166 over $200,000 excess over $100,000 T167 Over $200,000 but not $10,100, plus 6.0% of the T168 over $400,000 excess over $200,000 T169 Over $400,000 but not $22,100, plus 6.5% of the T170 over $500,000 excess over $400,000 T171 Over $500,000 but not $28,600, plus 6.9% of the T172 over $1,000,000 excess over $500,000 T173 Over $1,000,000 $63,100, plus 6.99% of the T174 excess over $1,000,000 (ii) Notwithstanding the provisions of subparagraph (C)(i) of this 370 subdivision, for each taxpayer whose Connecticut adjusted gross 371 income exceeds one hundred thousand five hundred dollars, the 372 amount of the taxpayer's Connecticut taxable income to which the three-373 per-cent tax rate applies shall be reduced by two thousand dollars for 374 each five thousand dollars, or fraction thereof, by which the taxpayer's 375 Connecticut adjusted gross income exceeds said amount. Any such 376 amount of Connecticut taxable income to which, as provided in the 377 preceding sentence, the three-per-cent tax rate does not apply shall be 378 an amount to which the five-per-cent tax rate shall apply. 379 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 380 four hundred thousand dollars shall pay, in addition to the tax 381 computed under the provisions of subparagraphs (C)(i) and (C)(ii) of 382 this subdivision, an amount equal to one hundred eighty dollars for 383 each ten thousand dollars, or fraction thereof, by which the taxpayer's 384 Connecticut adjusted gross income exceeds four hundred thousand 385 dollars, up to a maximum payment of five thousand four hundred 386 dollars. 387 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 388 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 21 of 99 one million dollars shall pay, in addition to the tax computed under the 389 provisions of subparagraphs (C)(i), (C)(ii) and (C)(iii) of this 390 subdivision, an amount equal to one hundred dollars for each ten 391 thousand dollars, or fraction thereof, by which the taxpayer's 392 Connecticut adjusted gross income exceeds one million dollars, up to a 393 maximum payment of nine hundred dollars. 394 (D) (i) For any person who files a return under the federal income tax 395 for such taxable year as a married individual filing separately: 396 T175 Connecticut Taxable Income Rate of Tax T176 Not over $10,000 3.0% T177 Over $10,000 but not $300.00, plus 5.0% of the T178 over $50,000 excess over $10,000 T179 Over $50,000 but not $2,300, plus 5.5% of the T180 over $100,000 excess over $50,000 T181 Over $100,000 but not $5,050, plus 6.0% of the T182 over $200,000 excess over $100,000 T183 Over $200,000 but not $11,050, plus 6.5% of the T184 over $250,000 excess over $200,000 T185 Over $250,000 but not $14,300, plus 6.9% of the T186 over $500,000 excess over $250,000 T187 Over $500,000 $31,550, plus 6.99% of the T188 excess over $500,000 (ii) Notwithstanding the provisions of subparagraph (D)(i) of this 397 subdivision, for each taxpayer whose Connecticut adjusted gross 398 income exceeds fifty thousand two hundred fifty dollars, the amount of 399 the taxpayer's Connecticut taxable income to which the three-per-cent 400 tax rate applies shall be reduced by one thousand dollars for each two 401 thousand five hundred dollars, or fraction thereof, by which the 402 taxpayer's Connecticut adjusted gross income exceeds said amount. 403 Any such amount of Connecticut taxable income to which, as provided 404 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 22 of 99 in the preceding sentence, the three-per-cent tax rate does not apply 405 shall be an amount to which the five-per-cent tax rate shall apply. 406 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 407 two hundred thousand dollars shall pay, in addition to the tax 408 computed under the provisions of subparagraphs (D)(i) and (D)(ii) of 409 this subdivision, an amount equal to ninety dollars for each five 410 thousand dollars, or fraction thereof, by which the taxpayer's 411 Connecticut adjusted gross income exceeds two hundred thousand 412 dollars, up to a maximum payment of two thousand seven hundred 413 dollars. 414 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 415 five hundred thousand dollars shall pay, in addition to the tax 416 computed under the provisions of subparagraphs (D)(i), (D)(ii) and 417 (D)(iii) of this subdivision, an amount equal to fifty dollars for each five 418 thousand dollars, or fraction thereof, by which the taxpayer's 419 Connecticut adjusted gross income exceeds five hundred thousand 420 dollars, up to a maximum payment of four hundred fifty dollars. 421 (E) For trusts or estates, the rate of tax shall be 6.99% of the 422 Connecticut taxable income. 423 (10) For taxable years commencing on or after January 1, 2024, in 424 accordance with the following schedule: 425 (A) (i) For any person who files a return under the federal income tax 426 for such taxable year as an unmarried individual: 427 T189 Connecticut Taxable Income Rate of Tax T190 Not over $10,000 2.0% T191 Over $10,000 but not $200.00, plus 4.75% of the T192 over $50,000 excess over $10,000 T193 Over $50,000 but not $2,100, plus 5.5% of the T194 over $100,000 excess over $50,000 T195 Over $100,000 but not $4,850, plus 6.0% of the Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 23 of 99 T196 over $200,000 excess over $100,000 T197 Over $200,000 but not $10,850, plus 6.5% of the T198 over $250,000 excess over $200,000 T199 Over $250,000 but not $14,100, plus 6.9% of the T200 over $500,000 excess over $250,000 T201 Over $500,000 $31,350, plus 6.99% of the T202 excess over $500,000 (ii) Notwithstanding the provisions of subparagraph (A)(i) of this 428 subdivision, for each taxpayer whose Connecticut adjusted gross 429 income exceeds fifty-six thousand five hundred dollars, the amount of 430 the taxpayer's Connecticut taxable income to which the two-per-cent tax 431 rate applies shall be reduced by one thousand dollars for each five 432 thousand dollars, or fraction thereof, by which the taxpayer's 433 Connecticut adjusted gross income exceeds said amount. Any such 434 amount of Connecticut taxable income to which, as provided in the 435 preceding sentence, the two-per-cent tax rate does not apply shall be an 436 amount to which the four-and-three-quarters-per-cent tax rate shall 437 apply. 438 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 439 two hundred thousand dollars shall pay, in addition to the tax 440 computed under the provisions of subparagraphs (A)(i) and (A)(ii) of 441 this subdivision, an amount equal to ninety dollars for each five 442 thousand dollars, or fraction thereof, by which the taxpayer's 443 Connecticut adjusted gross income exceeds two hundred thousand 444 dollars, up to a maximum payment of two thousand seven hundred 445 dollars. 446 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 447 five hundred thousand dollars shall pay, in addition to the tax 448 computed under the provisions of subparagraphs (A)(i), (A)(ii) and 449 (A)(iii) of this subdivision, an amount equal to fifty dollars for each five 450 thousand dollars, or fraction thereof, by which the taxpayer's 451 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 24 of 99 Connecticut adjusted gross income exceeds five hundred thousand 452 dollars, up to a maximum payment of four hundred fifty dollars. 453 (v) Each taxpayer whose Connecticut adjusted gross income exceeds 454 two hundred thousand dollars shall pay, in addition to the tax 455 computed under the provisions of subparagraphs (A)(i), (A)(ii), (A)(iii) 456 and, if applicable, (A)(iv) of this subdivision, one hundred twenty-five 457 dollars. 458 (B) (i) For any person who files a return under the federal income tax 459 for such taxable year as a head of household, as defined in Section 2(b) 460 of the Internal Revenue Code: 461 T203 Connecticut Taxable Income Rate of Tax T204 Not over $16,000 2.0% T205 Over $16,000 but not $320.00, plus 4.75% of the T206 over $80,000 excess over $16,000 T207 Over $80,000 but not $3,360, plus 5.5% of the T208 over $160,000 excess over $80,000 T209 Over $160,000 but not $7,760, plus 6.0% of the T210 over $320,000 excess over $160,000 T211 Over $320,000 but not $17,360, plus 6.5% of the T212 over $400,000 excess over $320,000 T213 Over $400,000 but not $22,560, plus 6.9% of the T214 over $800,000 excess over $400,000 T215 Over $800,000 $50,160, plus 6.99% of the T216 excess over $800,000 (ii) Notwithstanding the provisions of subparagraph (B)(i) of this 462 subdivision, for each taxpayer whose Connecticut adjusted gross 463 income exceeds seventy-eight thousand five hundred dollars, the 464 amount of the taxpayer's Connecticut taxable income to which the two-465 per-cent tax rate applies shall be reduced by one thousand six hundred 466 dollars for each four thousand dollars, or fraction thereof, by which the 467 taxpayer's Connecticut adjusted gross income exceeds said amount. 468 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 25 of 99 Any such amount of Connecticut taxable income to which, as provided 469 in the preceding sentence, the two-per-cent tax rate does not apply shall 470 be an amount to which the four-and-three-quarters-per-cent tax rate 471 shall apply. 472 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 473 three hundred twenty thousand dollars shall pay, in addition to the tax 474 computed under the provisions of subparagraphs (B)(i) and (B)(ii) of 475 this subdivision, an amount equal to one hundred forty dollars for each 476 eight thousand dollars, or fraction thereof, by which the taxpayer's 477 Connecticut adjusted gross income exceeds three hundred twenty 478 thousand dollars, up to a maximum payment of four thousand two 479 hundred dollars. 480 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 481 eight hundred thousand dollars shall pay, in addition to the tax 482 computed under the provisions of subparagraphs (B)(i), (B)(ii) and 483 (B)(iii) of this subdivision, an amount equal to eighty dollars for each 484 eight thousand dollars, or fraction thereof, by which the taxpayer's 485 Connecticut adjusted gross income exceeds eight hundred thousand 486 dollars, up to a maximum payment of seven hundred twenty dollars. 487 (v) Each taxpayer whose Connecticut adjusted gross income exceeds 488 three hundred twenty thousand dollars shall pay, in addition to the tax 489 computed under the provisions of subparagraphs (B)(i), (B)(ii), (B)(iii) 490 and, if applicable, (B)(iv) of this subdivision, two hundred dollars. 491 (C) (i) For any husband and wife who file a return under the federal 492 income tax for such taxable year as married individuals filing jointly or 493 any person who files a return under the federal income tax for such 494 taxable year as a surviving spouse, as defined in Section 2(a) of the 495 Internal Revenue Code: 496 T217 Connecticut Taxable Income Rate of Tax T218 Not over $20,000 2.0% Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 26 of 99 T219 Over $20,000 but not $400.00, plus 4.75% of the T220 over $100,000 excess over $20,000 T221 Over $100,000 but not $4,200, plus 5.5% of the T222 over $200,000 excess over $100,000 T223 Over $200,000 but not $9,700, plus 6.0% of the T224 over $400,000 excess over $200,000 T225 Over $400,000 but not $21,700, plus 6.5% of the T226 over $500,000 excess over $400,000 T227 Over $500,000 but not $28,200, plus 6.9% of the T228 over $1,000,000 excess over $500,000 T229 Over $1,000,000 $62,700, plus 6.99% of the T230 excess over $1,000,000 (ii) Notwithstanding the provisions of subparagraph (C)(i) of this 497 subdivision, for each taxpayer whose Connecticut adjusted gross 498 income exceeds one hundred thousand five hundred dollars, the 499 amount of the taxpayer's Connecticut taxable income to which the two-500 per-cent tax rate applies shall be reduced by two thousand dollars for 501 each five thousand dollars, or fraction thereof, by which the taxpayer's 502 Connecticut adjusted gross income exceeds said amount. Any such 503 amount of Connecticut taxable income to which, as provided in the 504 preceding sentence, the two-per-cent tax rate does not apply shall be an 505 amount to which the four-and-three-quarters-per-cent tax rate shall 506 apply. 507 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 508 four hundred thousand dollars shall pay, in addition to the tax 509 computed under the provisions of subparagraphs (C)(i) and (C)(ii) of 510 this subdivision, an amount equal to one hundred eighty dollars for 511 each ten thousand dollars, or fraction thereof, by which the taxpayer's 512 Connecticut adjusted gross income exceeds four hundred thousand 513 dollars, up to a maximum payment of five thousand four hundred 514 dollars. 515 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 27 of 99 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 516 one million dollars shall pay, in addition to the tax computed under the 517 provisions of subparagraphs (C)(i), (C)(ii) and (C)(iii) of this 518 subdivision, an amount equal to one hundred dollars for each ten 519 thousand dollars, or fraction thereof, by which the taxpayer's 520 Connecticut adjusted gross income exceeds one million dollars, up to a 521 maximum payment of nine hundred dollars. 522 (v) Each taxpayer whose Connecticut adjusted gross income exceeds 523 four hundred thousand dollars shall pay, in addition to the tax 524 computed under the provisions of subparagraphs (C)(i), (C)(ii), (C)(iii) 525 and, if applicable, (C)(iv) of this subdivision, two hundred fifty dollars. 526 (D) (i) For any person who files a return under the federal income tax 527 for such taxable year as a married individual filing separately: 528 T231 Connecticut Taxable Income Rate of Tax T232 Not over $10,000 2.0% T233 Over $10,000 but not $200.00, plus 4.75% of the T234 over $50,000 excess over $10,000 T235 Over $50,000 but not $2,100, plus 5.5% of the T236 over $100,000 excess over $50,000 T237 Over $100,000 but not $4,850, plus 6.0% of the T238 over $200,000 excess over $100,000 T239 Over $200,000 but not $10,850, plus 6.5% of the T240 over $250,000 excess over $200,000 T241 Over $250,000 but not $14,100, plus 6.9% of the T242 over $500,000 excess over $250,000 T243 Over $500,000 $31,350, plus 6.99% of the T244 excess over $500,000 (ii) Notwithstanding the provisions of subparagraph (D)(i) of this 529 subdivision, for each taxpayer whose Connecticut adjusted gross 530 income exceeds fifty thousand two hundred fifty dollars, the amount of 531 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 28 of 99 the taxpayer's Connecticut taxable income to which the two-per-cent tax 532 rate applies shall be reduced by one thousand dollars for each two 533 thousand five hundred dollars, or fraction thereof, by which the 534 taxpayer's Connecticut adjusted gross income exceeds said amount. 535 Any such amount of Connecticut taxable income to which, as provided 536 in the preceding sentence, the two-per-cent tax rate does not apply shall 537 be an amount to which the four-and-three-quarters-per-cent tax rate 538 shall apply. 539 (iii) Each taxpayer whose Connecticut adjusted gross income exceeds 540 two hundred thousand dollars shall pay, in addition to the tax 541 computed under the provisions of subparagraphs (D)(i) and (D)(ii) of 542 this subdivision, an amount equal to ninety dollars for each five 543 thousand dollars, or fraction thereof, by which the taxpayer's 544 Connecticut adjusted gross income exceeds two hundred thousand 545 dollars, up to a maximum payment of two thousand seven hundred 546 dollars. 547 (iv) Each taxpayer whose Connecticut adjusted gross income exceeds 548 five hundred thousand dollars shall pay, in addition to the tax 549 computed under the provisions of subparagraphs (D)(i), (D)(ii) and 550 (D)(iii) of this subdivision, an amount equal to fifty dollars for each five 551 thousand dollars, or fraction thereof, by which the taxpayer's 552 Connecticut adjusted gross income exceeds five hundred thousand 553 dollars, up to a maximum payment of four hundred fifty dollars. 554 (v) Each taxpayer whose Connecticut adjusted gross income exceeds 555 two hundred thousand dollars shall pay, in addition to the tax 556 computed under the provisions of subparagraphs (D)(i), (D)(ii), (D)(iii) 557 and, if applicable, (D)(iv) of this subdivision, one hundred twenty-five 558 dollars. 559 (E) For trusts or estates, the rate of tax shall be 6.99% of the 560 Connecticut taxable income. 561 [(10)] (11) The provisions of this subsection shall apply to resident 562 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 29 of 99 trusts and estates and, wherever reference is made in this subsection to 563 residents of this state, such reference shall be construed to include 564 resident trusts and estates, provided any reference to a resident's 565 Connecticut adjusted gross income derived from sources without this 566 state or to a resident's Connecticut adjusted gross income shall be 567 construed, in the case of a resident trust or estate, to mean the resident 568 trust or estate's Connecticut taxable income derived from sources 569 without this state and the resident trust or estate's Connecticut taxable 570 income, respectively. 571 Sec. 7. Subparagraph (B) of subdivision (20) of subsection (a) of 572 section 12-701 of the general statutes is repealed and the following is 573 substituted in lieu thereof (Effective from passage and applicable to taxable 574 years commencing on or after January 1, 2023): 575 (B) There shall be subtracted therefrom: 576 (i) To the extent properly includable in gross income for federal 577 income tax purposes, any income with respect to which taxation by any 578 state is prohibited by federal law; 579 (ii) To the extent allowable under section 12-718, exempt dividends 580 paid by a regulated investment company; 581 (iii) To the extent properly includable in gross income for federal 582 income tax purposes, the amount of any refund or credit for 583 overpayment of income taxes imposed by this state, or any other state 584 of the United States or a political subdivision thereof, or the District of 585 Columbia; 586 (iv) To the extent properly includable in gross income for federal 587 income tax purposes and not otherwise subtracted from federal 588 adjusted gross income pursuant to clause (x) of this subparagraph in 589 computing Connecticut adjusted gross income, any tier 1 railroad 590 retirement benefits; 591 (v) To the extent any additional allowance for depreciation under 592 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 30 of 99 Section 168(k) of the Internal Revenue Code for property placed in 593 service after September 27, 2017, was added to federal adjusted gross 594 income pursuant to subparagraph (A)(ix) of this subdivision in 595 computing Connecticut adjusted gross income, twenty-five per cent of 596 such additional allowance for depreciation in each of the four 597 succeeding taxable years; 598 (vi) To the extent properly includable in gross income for federal 599 income tax purposes, any interest income from obligations issued by or 600 on behalf of the state of Connecticut, any political subdivision thereof, 601 or public instrumentality, state or local authority, district or similar 602 public entity created under the laws of the state of Connecticut; 603 (vii) To the extent properly includable in determining the net gain or 604 loss from the sale or other disposition of capital assets for federal income 605 tax purposes, any gain from the sale or exchange of obligations issued 606 by or on behalf of the state of Connecticut, any political subdivision 607 thereof, or public instrumentality, state or local authority, district or 608 similar public entity created under the laws of the state of Connecticut, 609 in the income year such gain was recognized; 610 (viii) Any interest on indebtedness incurred or continued to purchase 611 or carry obligations or securities the interest on which is subject to tax 612 under this chapter but exempt from federal income tax, to the extent that 613 such interest on indebtedness is not deductible in determining federal 614 adjusted gross income and is attributable to a trade or business carried 615 on by such individual; 616 (ix) Ordinary and necessary expenses paid or incurred during the 617 taxable year for the production or collection of income which is subject 618 to taxation under this chapter but exempt from federal income tax, or 619 the management, conservation or maintenance of property held for the 620 production of such income, and the amortizable bond premium for the 621 taxable year on any bond the interest on which is subject to tax under 622 this chapter but exempt from federal income tax, to the extent that such 623 expenses and premiums are not deductible in determining federal 624 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 31 of 99 adjusted gross income and are attributable to a trade or business carried 625 on by such individual; 626 (x) (I) For taxable years commencing prior to January 1, 2019, for a 627 person who files a return under the federal income tax as an unmarried 628 individual whose federal adjusted gross income for such taxable year is 629 less than fifty thousand dollars, or as a married individual filing 630 separately whose federal adjusted gross income for such taxable year is 631 less than fifty thousand dollars, or for a husband and wife who file a 632 return under the federal income tax as married individuals filing jointly 633 whose federal adjusted gross income for such taxable year is less than 634 sixty thousand dollars or a person who files a return under the federal 635 income tax as a head of household whose federal adjusted gross income 636 for such taxable year is less than sixty thousand dollars, an amount 637 equal to the Social Security benefits includable for federal income tax 638 purposes; 639 (II) For taxable years commencing prior to January 1, 2019, for a 640 person who files a return under the federal income tax as an unmarried 641 individual whose federal adjusted gross income for such taxable year is 642 fifty thousand dollars or more, or as a married individual filing 643 separately whose federal adjusted gross income for such taxable year is 644 fifty thousand dollars or more, or for a husband and wife who file a 645 return under the federal income tax as married individuals filing jointly 646 whose federal adjusted gross income from such taxable year is sixty 647 thousand dollars or more or for a person who files a return under the 648 federal income tax as a head of household whose federal adjusted gross 649 income for such taxable year is sixty thousand dollars or more, an 650 amount equal to the difference between the amount of Social Security 651 benefits includable for federal income tax purposes and the lesser of 652 twenty-five per cent of the Social Security benefits received during the 653 taxable year, or twenty-five per cent of the excess described in Section 654 86(b)(1) of the Internal Revenue Code; 655 (III) For the taxable year commencing January 1, 2019, and each 656 taxable year thereafter, for a person who files a return under the federal 657 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 32 of 99 income tax as an unmarried individual whose federal adjusted gross 658 income for such taxable year is less than seventy-five thousand dollars, 659 or as a married individual filing separately whose federal adjusted gross 660 income for such taxable year is less than seventy-five thousand dollars, 661 or for a husband and wife who file a return under the federal income tax 662 as married individuals filing jointly whose federal adjusted gross 663 income for such taxable year is less than one hundred thousand dollars 664 or a person who files a return under the federal income tax as a head of 665 household whose federal adjusted gross income for such taxable year is 666 less than one hundred thousand dollars, an amount equal to the Social 667 Security benefits includable for federal income tax purposes; and 668 (IV) For the taxable year commencing January 1, 2019, and each 669 taxable year thereafter, for a person who files a return under the federal 670 income tax as an unmarried individual whose federal adjusted gross 671 income for such taxable year is seventy-five thousand dollars or more, 672 or as a married individual filing separately whose federal adjusted gross 673 income for such taxable year is seventy-five thousand dollars or more, 674 or for a husband and wife who file a return under the federal income tax 675 as married individuals filing jointly whose federal adjusted gross 676 income from such taxable year is one hundred thousand dollars or more 677 or for a person who files a return under the federal income tax as a head 678 of household whose federal adjusted gross income for such taxable year 679 is one hundred thousand dollars or more, an amount equal to the 680 difference between the amount of Social Security benefits includable for 681 federal income tax purposes and the lesser of twenty-five per cent of the 682 Social Security benefits received during the taxable year, or twenty-five 683 per cent of the excess described in Section 86(b)(1) of the Internal 684 Revenue Code; 685 (xi) To the extent properly includable in gross income for federal 686 income tax purposes, any amount rebated to a taxpayer pursuant to 687 section 12-746; 688 (xii) To the extent properly includable in the gross income for federal 689 income tax purposes of a designated beneficiary, any distribution to 690 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 33 of 99 such beneficiary from any qualified state tuition program, as defined in 691 Section 529(b) of the Internal Revenue Code, established and 692 maintained by this state or any official, agency or instrumentality of the 693 state; 694 (xiii) To the extent allowable under section 12-701a, contributions to 695 accounts established pursuant to any qualified state tuition program, as 696 defined in Section 529(b) of the Internal Revenue Code, established and 697 maintained by this state or any official, agency or instrumentality of the 698 state; 699 (xiv) To the extent properly includable in gross income for federal 700 income tax purposes, the amount of any Holocaust victims' settlement 701 payment received in the taxable year by a Holocaust victim; 702 (xv) To the extent properly includable in gross income for federal 703 income tax purposes of an account holder, as defined in section 31-704 51ww, interest earned on funds deposited in the individual 705 development account, as defined in section 31-51ww, of such account 706 holder; 707 (xvi) To the extent properly includable in the gross income for federal 708 income tax purposes of a designated beneficiary, as defined in section 709 3-123aa, interest, dividends or capital gains earned on contributions to 710 accounts established for the designated beneficiary pursuant to the 711 Connecticut Homecare Option Program for the Elderly established by 712 sections 3-123aa to 3-123ff, inclusive; 713 (xvii) To the extent properly includable in gross income for federal 714 income tax purposes, any income received from the United States 715 government as retirement pay for a retired member of (I) the Armed 716 Forces of the United States, as defined in Section 101 of Title 10 of the 717 United States Code, or (II) the National Guard, as defined in Section 101 718 of Title 10 of the United States Code; 719 (xviii) To the extent properly includable in gross income for federal 720 income tax purposes for the taxable year, any income from the discharge 721 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 34 of 99 of indebtedness in connection with any reacquisition, after December 722 31, 2008, and before January 1, 2011, of an applicable debt instrument or 723 instruments, as those terms are defined in Section 108 of the Internal 724 Revenue Code, as amended by Section 1231 of the American Recovery 725 and Reinvestment Act of 2009, to the extent any such income was added 726 to federal adjusted gross income pursuant to subparagraph (A)(xi) of 727 this subdivision in computing Connecticut adjusted gross income for a 728 preceding taxable year; 729 (xix) To the extent not deductible in determining federal adjusted 730 gross income, the amount of any contribution to a manufacturing 731 reinvestment account established pursuant to section 32-9zz in the 732 taxable year that such contribution is made; 733 (xx) To the extent properly includable in gross income for federal 734 income tax purposes, (I) for the taxable year commencing January 1, 735 2015, ten per cent of the income received from the state teachers' 736 retirement system, (II) for the taxable years commencing January 1, 737 2016, to January 1, 2020, inclusive, twenty-five per cent of the income 738 received from the state teachers' retirement system, and (III) for the 739 taxable year commencing January 1, 2021, and each taxable year 740 thereafter, fifty per cent of the income received from the state teachers' 741 retirement system or, for a taxpayer whose federal adjusted gross 742 income does not exceed the applicable threshold under clause (xxi) of 743 this subparagraph, the percentage pursuant to said clause of the income 744 received from the state teachers' retirement system, whichever 745 deduction is greater; 746 (xxi) To the extent properly includable in gross income for federal 747 income tax purposes, except for retirement benefits under clause (iv) of 748 this subparagraph and retirement pay under clause (xvii) of this 749 subparagraph, for a person who files a return under the federal income 750 tax as an unmarried individual whose federal adjusted gross income for 751 such taxable year is less than seventy-five thousand dollars, or as a 752 married individual filing separately whose federal adjusted gross 753 income for such taxable year is less than seventy-five thousand dollars, 754 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 35 of 99 or as a head of household whose federal adjusted gross income for such 755 taxable year is less than seventy-five thousand dollars, or for a husband 756 and wife who file a return under the federal income tax as married 757 individuals filing jointly whose federal adjusted gross income for such 758 taxable year is less than one hundred thousand dollars, (I) for the taxable 759 year commencing January 1, 2019, fourteen per cent of any pension or 760 annuity income, (II) for the taxable year commencing January 1, 2020, 761 twenty-eight per cent of any pension or annuity income, (III) for the 762 taxable year commencing January 1, 2021, forty-two per cent of any 763 pension or annuity income, and (IV) for the taxable year commencing 764 January 1, 2022, [and each taxable year thereafter,] one hundred per cent 765 of any pension or annuity income; 766 (xxii) To the extent properly includable in gross income for federal 767 income tax purposes, except for retirement benefits under clause (iv) of 768 this subparagraph and retirement pay under clause (xvii) of this 769 subparagraph, any pension or annuity income for the taxable year 770 commencing on or after January 1, 2023, and each taxable year 771 thereafter, in accordance with the following schedule, for a person who 772 files a return under the federal income tax as an unmarried individual 773 whose federal adjusted gross income for such taxable year is less than 774 one hundred thousand dollars, or as a married individual filing 775 separately whose federal adjusted gross income for such taxable year is 776 less than one hundred thousand dollars, or as a head of household 777 whose federal adjusted gross income for such taxable year is less than 778 one hundred thousand dollars: 779 T245 Federal Adjusted Gross Income Deduction T246 Less than $75,000 100.0% T247 $75,000 but not over $77,499 85.0% T248 $77,500 but not over $79,999 70.0% T249 $80,000 but not over $82,499 55.0% T250 $82,500 but not over $84,999 40.0% T251 $85,000 but not over $87,499 25.0% T252 $87,500 but not over $89,999 10.0% Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 36 of 99 T253 $90,000 but not over $94,999 5.0% T254 $95,000 but not over $99,999 2.5% T255 $100,000 and over 0.0% (xxiii) To the extent properly includable in gross income for federal 780 income tax purposes, except for retirement benefits under clause (iv) of 781 this subparagraph and retirement pay under clause (xvii) of this 782 subparagraph, any pension or annuity income for the taxable year 783 commencing on or after January 1, 2023, and each taxable year 784 thereafter, in accordance with the following schedule for married 785 individuals who file a return under the federal income tax as married 786 individuals filing jointly whose federal adjusted gross income for such 787 taxable year is less than one hundred fifty thousand dollars: 788 T256 Federal Adjusted Gross Income Deduction T257 Less than $100,000 100.0% T258 $100,000 but not over $104,999 85.0% T259 $105,000 but not over $109,999 70.0% T260 $110,000 but not over $114,999 55.0% T261 $115,000 but not over $119,999 40.0% T262 $120,000 but not over $124,999 25.0% T263 $125,000 but not over $129,999 10.0% T264 $130,000 but not over $139,999 5.0% T265 $140,000 but not over $149,999 2.5% T266 $150,000 and over 0.0% [(xxii)] (xxiv) The amount of lost wages and medical, travel and 789 housing expenses, not to exceed ten thousand dollars in the aggregate, 790 incurred by a taxpayer during the taxable year in connection with the 791 donation to another person of an organ for organ transplantation 792 occurring on or after January 1, 2017; 793 [(xxiii)] (xxv) To the extent properly includable in gross income for 794 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 37 of 99 federal income tax purposes, the amount of any financial assistance 795 received from the Crumbling Foundations Assistance Fund or paid to 796 or on behalf of the owner of a residential building pursuant to sections 797 8-442 and 8-443; 798 [(xxiv)] (xxvi) To the extent properly includable in gross income for 799 federal income tax purposes, the amount calculated pursuant to 800 subsection (b) of section 12-704g for income received by a general 801 partner of a venture capital fund, as defined in 17 CFR 275.203(l)-1, as 802 amended from time to time; 803 [(xxv)] (xxvii) To the extent any portion of a deduction under Section 804 179 of the Internal Revenue Code was added to federal adjusted gross 805 income pursuant to subparagraph (A)(xiv) of this subdivision in 806 computing Connecticut adjusted gross income, twenty-five per cent of 807 such disallowed portion of the deduction in each of the four succeeding 808 taxable years; 809 [(xxvi)] (xxviii) To the extent properly includable in gross income for 810 federal income tax purposes, for a person who files a return under the 811 federal income tax as an unmarried individual whose federal adjusted 812 gross income for such taxable year is less than [seventy-five] one 813 hundred thousand dollars, or as a married individual filing separately 814 whose federal adjusted gross income for such taxable year is less than 815 [seventy-five] one hundred thousand dollars, or as a head of household 816 whose federal adjusted gross income for such taxable year is less than 817 [seventy-five] one hundred thousand dollars, [or for a husband and wife 818 who file a return under the federal income tax as married individuals 819 filing jointly whose federal adjusted gross income for such taxable year 820 is less than one hundred thousand dollars,] (I) for the taxable year 821 commencing January 1, 2023, twenty-five per cent of any distribution 822 from an individual retirement account other than a Roth individual 823 retirement account, (II) for the taxable year commencing January 1, 2024, 824 fifty per cent of any distribution from an individual retirement account 825 other than a Roth individual retirement account, (III) for the taxable year 826 commencing January 1, 2025, seventy-five per cent of any distribution 827 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 38 of 99 from an individual retirement account other than a Roth individual 828 retirement account, and (IV) for the taxable year commencing January 829 1, 2026, and each taxable year thereafter, any distribution from an 830 individual retirement account other than a Roth individual retirement 831 account. [; and] The subtraction under this clause shall be made in 832 accordance with the following schedule: 833 T267 Federal Adjusted Gross Income Deduction T268 Less than $75,000 100.0% T269 $75,000 but not over $77,499 85.0% T270 $77,500 but not over $79,999 70.0% T271 $80,000 but not over $82,499 55.0% T272 $82,500 but not over $84,999 40.0% T273 $85,000 but not over $87,499 25.0% T274 $87,500 but not over $89,999 10.0% T275 $90,000 but not over $94,999 5.0% T276 $95,000 but not over $99,999 2.5% T277 $100,000 and over 0.0% (xxix) To the extent properly includable in gross income for federal 834 income tax purposes, for married individuals who file a return under 835 the federal income tax as married individuals filing jointly whose 836 federal adjusted gross income for such taxable year is less than one 837 hundred fifty thousand dollars, (I) for the taxable year commencing 838 January 1, 2023, twenty-five per cent of any distribution from an 839 individual retirement account other than a Roth individual retirement 840 account, (II) for the taxable year commencing January 1, 2024, fifty per 841 cent of any distribution from an individual retirement account other 842 than a Roth individual retirement account, (III) for the taxable year 843 commencing January 1, 2025, seventy-five per cent of any distribution 844 from an individual retirement account other than a Roth individual 845 retirement account, and (IV) for the taxable year commencing January 846 1, 2026, and each taxable year thereafter, any distribution from an 847 individual retirement account other than a Roth individual retirement 848 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 39 of 99 account. The subtraction under this clause shall be made in accordance 849 with the following schedule: 850 T278 Federal Adjusted Gross Income Deduction T279 Less than $100,000 100.0% T280 $100,000 but not over $104,999 85.0% T281 $105,000 but not over $109,999 70.0% T282 $110,000 but not over $114,999 55.0% T283 $115,000 but not over $119,999 40.0% T284 $120,000 but not over $124,999 25.0% T285 $125,000 but not over $129,999 10.0% T286 $130,000 but not over $139,999 5.0% T287 $140,000 but not over $149,999 2.5% T288 $150,000 and over 0.0% [(xxvii)] (xxx) To the extent properly includable in gross income for 851 federal income tax purposes, for the taxable year commencing January 852 1, 2022, the amount or amounts paid or otherwise credited to any 853 eligible resident of this state under (I) the 2020 Earned Income Tax 854 Credit enhancement program from funding allocated to the state 855 through the Coronavirus Relief Fund established under the Coronavirus 856 Aid, Relief, and Economic Security Act, P.L. 116-136, and (II) the 2021 857 Earned Income Tax Credit enhancement program from funding 858 allocated to the state pursuant to Section 9901 of Subtitle M of Title IX of 859 the American Rescue Plan Act of 2021, P.L. 117-2; 860 (xxxi) For a taxpayer licensed under the provisions of chapter 420f or 861 420h, the amount of the expenditures that would be eligible to be 862 claimed as a deduction for federal income tax purposes but that are 863 disallowed under Section 280E of the Internal Revenue Code because 864 marijuana is a controlled substance under the federal Controlled 865 Substance Act. 866 Sec. 8. Section 12-217 of the general statutes is repealed and the 867 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 40 of 99 following is substituted in lieu thereof (Effective from passage and 868 applicable to income years commencing on or after January 1, 2023): 869 (a) (1) In arriving at net income as defined in section 12-213, whether 870 or not the taxpayer is taxable under the federal corporation net income 871 tax, there shall be deducted from gross income: [,] 872 (A) [all] All items deductible under the Internal Revenue Code 873 effective and in force on the last day of the income year, except (i) any 874 taxes imposed under the provisions of this chapter [which] that are paid 875 or accrued in the income year and in the income year commencing 876 January 1, 1989, and thereafter, any taxes in any state of the United 877 States or any political subdivision of such state, or the District of 878 Columbia, imposed on or measured by the income or profits of a 879 corporation [which] that are paid or accrued in the income year, (ii) 880 deductions for depreciation, which shall be allowed as provided in 881 subsection (b) of this section, (iii) deductions for qualified domestic 882 production activities income, as provided in Section 199 of the Internal 883 Revenue Code, and (iv) in the case of any captive real estate investment 884 trust, the deduction for dividends paid provided under Section 857(b)(2) 885 of the Internal Revenue Code; [,] and 886 (B) [additionally] Additionally, in the case of a regulated investment 887 company, the sum of (i) the exempt-interest dividends, as defined in the 888 Internal Revenue Code, and (ii) expenses, bond premium, and interest 889 related to tax-exempt income that are disallowed as deductions under 890 the Internal Revenue Code; [,] and 891 (C) [in] In the case of a taxpayer maintaining an international banking 892 facility as defined in the laws of the United States or the regulations of 893 the Board of Governors of the Federal Reserve System, as either may be 894 amended from time to time, the gross income attributable to the 895 international banking facility, provided [,] no expense or loss 896 attributable to the international banking facility shall be a deduction 897 under any provision of this section; [,] and 898 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 41 of 99 (D) [additionally] Additionally, in the case of all taxpayers, all 899 dividends as defined in the Internal Revenue Code effective and in force 900 on the last day of the income year not otherwise deducted from gross 901 income, including dividends received from a DISC or former DISC as 902 defined in Section 992 of the Internal Revenue Code and dividends 903 deemed to have been distributed by a DISC or former DISC as provided 904 in Section 995 of said Internal Revenue Code, other than thirty per cent 905 of dividends received from a domestic corporation in which the 906 taxpayer owns less than twenty per cent of the total voting power and 907 value of the stock of such corporation; [,] and 908 (E) [additionally] Additionally, in the case of all taxpayers, the value 909 of any capital gain realized from the sale of any land, or interest in land, 910 to the state, any political subdivision of the state, or to any nonprofit 911 land conservation organization where such land is to be permanently 912 preserved as protected open space or to a water company, as defined in 913 section 25-32a, where such land is to be permanently preserved as 914 protected open space or as Class I or Class II water company land; [,] 915 and 916 (F) [in] In the case of [manufacturers] a manufacturer, the amount of 917 any contribution to a manufacturing reinvestment account established 918 pursuant to section 32-9zz in the income year that such contribution is 919 made to the extent not deductible for federal income tax purposes; [,] 920 and 921 (G) [the] The amount of any contribution made on or after December 922 23, 2017, by the state of Connecticut or a political subdivision thereof to 923 the extent included in a company's gross income under Section 118(b)(2) 924 of the Internal Revenue Code; and 925 (H) In the case of a taxpayer licensed under the provisions of chapter 926 420f or 420h, the amount of the expenditures that would be eligible to 927 be claimed as a deduction for federal income tax purposes but that are 928 disallowed under Section 280E of the Internal Revenue Code because 929 marijuana is a controlled substance under the federal Controlled 930 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 42 of 99 Substance Act. 931 (2) (A) No deduction shall be allowed for (i) expenses related to 932 dividends that are allowable as a deduction or credit under the Internal 933 Revenue Code, and (ii) federal taxes on income or profits, losses of other 934 calendar or fiscal years, retroactive to include all calendar or fiscal years 935 beginning after January 1, 1935, interest received from federal, state and 936 local government securities, if any such deductions are allowed by the 937 federal government. 938 (B) For purposes of this subdivision, expenses related to dividends 939 shall equal five per cent of all dividends received by a company during 940 an income year. The net income associated with the disallowance of 941 expenses related to dividends shall be apportioned, if the company 942 conducts business within and without the state or is required to 943 apportion its income under section 12-218b, in accordance with this 944 chapter. 945 (3) Notwithstanding any provision of this section to the contrary, no 946 dividend received from a real estate investment trust shall be deductible 947 under this section by the recipient unless the dividend is: (A) Deductible 948 under Section 243 of the Internal Revenue Code; (B) received by a 949 qualified dividend recipient from a qualified real estate investment trust 950 and, as of the last day of the period for which such dividend is paid, 951 persons, not including the qualified dividend recipient or any person 952 that is either a related person to, or an employee or director of, the 953 qualified dividend recipient, have outstanding cash capital 954 contributions to the qualified real estate investment trust that, in the 955 aggregate, exceed five per cent of the fair market value of the aggregate 956 real estate assets, valued as of the last day of the period for which such 957 dividend is paid, then held by the qualified real estate investment trust; 958 or (C) received from a captive real estate investment trust that is subject 959 to the tax imposed under this chapter. For purposes of this section, 960 "related person" has the same meaning as provided in section 12-217ii, 961 "real estate assets" has the same meaning as provided in Section 856 of 962 the Internal Revenue Code, "qualified dividend recipient" means a 963 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 43 of 99 dividend recipient who has invested in a qualified real estate investment 964 trust prior to April 1, 1997, and "qualified real estate investment trust" 965 means an entity that both was incorporated and had contributed to it a 966 minimum of five hundred million dollars' worth of real estate assets 967 prior to April 1, 1997, and that elects to be a real estate investment trust 968 under Section 856 of the Internal Revenue Code prior to April 1, 1998. 969 (4) Notwithstanding any provision of this section: [to the contrary,] 970 (A) [any] Any excess of the deductions provided in this section for 971 any income year commencing on or after January 1, 1973, over the gross 972 income for such year or the amount of such excess apportioned to this 973 state under the provisions of this chapter, shall be an operating loss of 974 such income year and shall be deductible as an operating loss carry-over 975 for operating losses incurred prior to income years commencing January 976 1, 2000, in each of the five income years following such loss year, and 977 for operating losses incurred in income years commencing on or after 978 January 1, 2000, in each of the twenty income years following such loss 979 year, except that: 980 (i) [for] For income years commencing prior to January 1, 2015, the 981 portion of such operating loss [which] that may be deducted as an 982 operating loss carry-over in any income year following such loss year 983 shall be limited to the lesser of (I) any net income greater than zero of 984 such income year following such loss year, or in the case of a company 985 entitled to apportion its net income under the provisions of this chapter, 986 the amount of such net income [which] that is apportioned to this state 987 pursuant thereto, or (II) the excess, if any, of such operating loss over 988 the total of such net income for each of any prior income years following 989 such loss year, such net income of each of such prior income years 990 following such loss year for such purposes being computed without 991 regard to any operating loss carry-over from such loss year allowed 992 under this subparagraph and being regarded as not less than zero, and 993 provided further the operating loss of any income year shall be 994 deducted in any subsequent year, to the extent available for such 995 deduction, before the operating loss of any subsequent income year is 996 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 44 of 99 deducted; [,] 997 (ii) [for] For income years commencing on or after January 1, 2015, 998 the portion of such operating loss [which] that may be deducted as an 999 operating loss carry-over in any income year following such loss year 1000 shall be limited to the lesser of (I) fifty per cent of net income of such 1001 income year following such loss year, or in the case of a company 1002 entitled to apportion its net income under the provisions of this chapter, 1003 fifty per cent of such net income [which] that is apportioned to this state 1004 pursuant thereto, or (II) the excess, if any, of such operating loss over 1005 the operating loss deductions allowable with respect to such operating 1006 loss under this subparagraph for each of any prior income years 1007 following such loss year, such net income of each of such prior income 1008 years following such loss year for such purposes being computed 1009 without regard to any operating loss carry-over from such loss year 1010 allowed under this subparagraph and being regarded as not less than 1011 zero, and provided further the operating loss of any income year shall 1012 be deducted in any subsequent year, to the extent available for such 1013 deduction, before the operating loss of any subsequent income year is 1014 deducted; [,] and 1015 (iii) [if] If a combined group so elects, the combined group shall 1016 relinquish fifty per cent of its unused operating losses incurred prior to 1017 the income year commencing on or after January 1, 2015, and before 1018 January 1, 2016, and may utilize the remaining operating loss carry-over 1019 without regard to the limitations prescribed in subparagraph (A)(ii) of 1020 this subdivision. The portion of such operating loss carry-over that may 1021 be deducted shall be limited to the amount required to reduce a 1022 combined group's tax under this chapter, prior to surtax and prior to the 1023 application of credits, to two million five hundred thousand dollars in 1024 any income year commencing on or after January 1, 2015. Only after the 1025 combined group's remaining operating loss carry-over for operating 1026 losses incurred prior to income years commencing January 1, 2015, has 1027 been fully utilized, will the limitations prescribed in subparagraph 1028 (A)(ii) of this subdivision apply. The combined group, or any member 1029 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 45 of 99 thereof, shall make such election on its return for the income year 1030 beginning on or after January 1, 2015, and before January 1, 2016, by the 1031 due date for such return, including any extensions. Only combined 1032 groups with unused operating losses in excess of six billion dollars from 1033 income years beginning prior to January 1, 2013, may make the election 1034 prescribed in this clause; [,] and 1035 (B) [any] Any net capital loss, as defined in the Internal Revenue Code 1036 effective and in force on the last day of the income year, for any income 1037 year commencing on or after January 1, 1973, shall be allowed as a 1038 capital loss carry-over to reduce, but not below zero, any net capital 1039 gain, as so defined, in each of the five following income years, in order 1040 of sequence, to the extent not exhausted by the net capital gain of any of 1041 the preceding of such five following income years; [,] and 1042 (C) [any] Any net capital losses allowed and carried forward from 1043 prior years to income years beginning on or after January 1, 1973, for 1044 federal income tax purposes by companies entitled to a deduction for 1045 dividends paid under the Internal Revenue Code other than companies 1046 subject to the gross earnings taxes imposed under chapters 211 and 212, 1047 shall be allowed as a capital loss carry-over. 1048 (5) This section shall not apply to a life insurance company as defined 1049 in the Internal Revenue Code effective and in force on the last day of the 1050 income year. For purposes of this section, the unpaid loss reserve 1051 adjustment required for nonlife insurance companies under the 1052 provisions of Section 832(b)(5) of the Internal Revenue Code of 1986, or 1053 any subsequent corresponding internal revenue code of the United 1054 States, as from time to time amended, shall be applied without making 1055 the adjustment in Subparagraph (B) of said Section 832(b)(5). 1056 (6) For purposes of determining net income under this section for 1057 income years commencing on or after January 1, 2018, the deduction 1058 allowed for business interest paid or accrued shall be determined as 1059 provided under the Internal Revenue Code, except that in making such 1060 determination, the provisions of Section 163(j) shall not apply. 1061 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 46 of 99 (b) (1) For purposes of determining net income under this section, the 1062 deduction allowed for depreciation shall be determined as provided 1063 under the Internal Revenue Code of 1986, or any subsequent 1064 corresponding internal revenue code of the United States, as from time 1065 to time amended, provided in making such determination, the 1066 provisions of Section 168(k) of said code shall not apply. 1067 (2) (A) For purposes of determining net income under this section for 1068 taxable years ending after December 31, 2008, and to the extent any 1069 income from the discharge of indebtedness, under Section 108 of the 1070 Internal Revenue Code, as amended by Section 1231 of the American 1071 Recovery and Reinvestment Act of 2009, in connection with any 1072 reacquisition, after December 31, 2008, and before January 1, 2011, of an 1073 applicable debt instrument or instruments, as those terms are defined in 1074 said Section 108, as amended by said Section 1231, is not properly 1075 includable in gross income for federal income tax purposes for the 1076 taxable year, any deferral of the recognition of any such income shall 1077 not be allowed. 1078 (B) To the extent that any income from the discharge of indebtedness 1079 in connection with any reacquisition, after December 31, 2008, and 1080 before January 1, 2011, of an applicable debt instrument or instruments, 1081 as those terms are defined in Section 108 of the Internal Revenue Code, 1082 as amended by Section 1231 of the American Recov ery and 1083 Reinvestment Act of 2009, is properly includable in gross income for 1084 federal income tax purposes for the taxable year, any such income shall 1085 be deductible in computing net income under this section for a taxable 1086 year ending after December 31, 2008, to the extent that the deferral of 1087 recognition of such income from such discharge was not allowed 1088 pursuant to subparagraph (A) of this subdivision in computing net 1089 income for a preceding taxable year. 1090 (C) For income years commencing on or after January 1, 2018, eighty 1091 per cent of any deduction claimed under Section 179 of the Internal 1092 Revenue Code for federal income tax purposes shall be disallowed. To 1093 the extent such a deduction is disallowed for purposes of computing the 1094 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 47 of 99 tax under this chapter, twenty-five per cent of the disallowed portion of 1095 the deduction shall be allowed as a deduction in each of the four 1096 succeeding income years. 1097 (c) (1) Notwithstanding the provisions of subsections (a) and (b) of 1098 this section, "net income", in the case of an S corporation, means the 1099 percentage of the nonseparately computed income or loss, as defined in 1100 Section 1366(a)(2) of the Internal Revenue Code, of such S corporation, 1101 without separate state adjustment pursuant to section 12-233 or 12-226a 1102 for the compensation of any officer or employee, to which shall be added 1103 (A) any taxes imposed under the provisions of this chapter [which] that 1104 are paid or accrued in the income year, and (B) any taxes in any state of 1105 the United States or any political subdivision of such state, or the District 1106 of Columbia, imposed on or measured by the income or profits of a 1107 corporation [which] that are paid or accrued in the income year as 1108 provided in subdivision (2) of this subsection. 1109 (2) For income years commencing prior to January 1, 1997, "net 1110 income" means one hundred per cent of the amount computed under 1111 subdivision (1) of this subsection; for income years commencing on or 1112 after January 1, 1997, and prior to January 1, 1998, "net income" means 1113 ninety per cent of the amount computed under subdivision (1) of this 1114 subsection; for income years commencing on or after January 1, 1998, 1115 and prior to January 1, 1999, "net income" means seventy-five per cent 1116 of the amount computed under subdivision (1) of this subsection; for 1117 income years commencing on or after January 1, 1999, and prior to 1118 January 1, 2000, "net income" means fifty-five per cent of the amount 1119 computed under subdivision (1) of this subsection; for income years 1120 commencing on or after January 1, 2000, and prior to January 1, 2001, 1121 "net income" means thirty per cent of the amount computed under 1122 subdivision (1) of this subsection; for income years commencing on or 1123 after January 1, 2001, net income of S corporations as computed under 1124 subdivision (1) of this subsection shall not be subject to the tax under 1125 this chapter. Any S corporation subject to the tax on net income as 1126 provided in this section shall be eligible for any credit against the tax 1127 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 48 of 99 otherwise available to taxpayers under this chapter only to the extent 1128 and in the same percentage as net income of such S corporation is subject 1129 to taxation under this chapter, except that any S corporation with an 1130 income year commencing on or after January 1, 1999, but before 1131 December 31, 2000, shall be eligible for the entire credit available under 1132 sections 8-395, 12-633, 12-634, 12-635 and 12-635a. 1133 (d) The commissioner may adopt regulations in accordance with 1134 chapter 54, relating to mergers or consolidations of corporations 1135 providing for the deduction, by the surviving or new corporation 1136 provided for in the plan of consolidation, of operating losses that were 1137 incurred by a merging or consolidating corporation, respectively, before 1138 the merger or consolidation, respectively. Such regulations may follow 1139 the provisions of the Internal Revenue Code of 1986, or any subsequent 1140 corresponding internal revenue code of the United States, as from time 1141 to time amended, or the regulations thereunder. 1142 (e) Where a combined group is required to file a combined unitary 1143 tax return pursuant to section 12-222, the combined group's net income 1144 shall be computed as provided in subsection (a) of section 12-218e. 1145 (f) Where a combined group is required to file a combined unitary tax 1146 return pursuant to section 12-222, a taxable member's net operating loss 1147 apportioned to this state shall be deducted and carried over by the 1148 taxable member as provided in subsection (d) of section 12-218e. 1149 Sec. 9. Section 12-217jj of the general statutes is repealed and the 1150 following is substituted in lieu thereof (Effective January 1, 2024): 1151 (a) As used in this section: 1152 (1) "Commissioner" means the Commissioner of Revenue Services. 1153 (2) "Department" means the Department of Economic and 1154 Community Development. 1155 (3) (A) "Qualified production" means entertainment content created 1156 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 49 of 99 in whole or in part within the state, including motion pictures, except as 1157 otherwise provided in this subparagraph; documentaries; long-form, 1158 specials, mini-series, series, sound recordings, videos and music videos 1159 and interstitials television programming; interactive television; 1160 relocated television production; interactive games; videogames; 1161 commercials; any format of digital media, including an interactive web 1162 site, created for distribution or exhibition to the general public; and any 1163 trailer, pilot, video teaser or demo created primarily to stimulate the 1164 sale, marketing, promotion or exploitation of future investment in either 1165 a product or a qualified production via any means and media in any 1166 digital media format, film or videotape, provided such program meets 1167 all the underlying criteria of a qualified production. For state fiscal years 1168 ending on or after June 30, 2014, "qualified production" shall not include 1169 a motion picture that has not been designated as a state-certified 1170 qualified production prior to July 1, 2013, and no tax credit voucher for 1171 such motion picture may be issued for such motion picture, except, for 1172 state fiscal years ending on or after June 30, 2015, "qualified production" 1173 shall include a motion picture for which twenty-five per cent or more of 1174 the principal photography shooting days are in this state at a facility that 1175 receives not less than twenty-five million dollars in private investment 1176 and opens for business on or after July 1, 2013, and a tax credit voucher 1177 may be issued for such motion picture. 1178 (B) "Qualified production" shall not include any ongoing television 1179 program created primarily as news, weather or financial market reports; 1180 a production featuring current events, other than a relocated television 1181 production, sporting events, an awards show or other gala event; a 1182 production whose sole purpose is fundraising; a long-form production 1183 that primarily markets a product or service; a production used for 1184 corporate training or in-house corporate advertising or other similar 1185 productions; or any production for which records are required to be 1186 maintained under 18 USC 2257, as amended from time to time, with 1187 respect to sexually explicit content. 1188 (4) "Eligible production company" means a corporation, partnership, 1189 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 50 of 99 limited liability company, or other business entity engaged in the 1190 business of producing qualified productions on a one-time or ongoing 1191 basis, and qualified by the Secretary of the State to engage in business 1192 in the state. 1193 (5) "Production expenses or costs" means all expenditures clearly and 1194 demonstrably incurred in the state in the preproduction, production or 1195 postproduction costs of a qualified production, including: 1196 (A) Expenditures incurred in the state in the form of either 1197 compensation or purchases including production work, production 1198 equipment not eligible for the infrastructure tax credit provided in 1199 section 12-217kk, production software, postproduction work, 1200 postproduction equipment, postproduction software, set design, set 1201 construction, props, lighting, wardrobe, makeup, makeup accessories, 1202 special effects, visual effects, audio effects, film processing, music, 1203 sound mixing, editing, location fees, soundstages and any and all other 1204 costs or services directly incurred in connection with a state-certified 1205 qualified production; 1206 (B) Expenditures for distribution, including preproduction, 1207 production or postproduction costs relating to the creation of trailers, 1208 marketing videos, commercials, point-of-purchase videos and any and 1209 all content created on film or digital media, including the duplication of 1210 films, videos, CDs, DVDs and any and all digital files now in existence 1211 and those yet to be created for mass consumer consumption; the 1212 purchase, by a company in the state, of any and all equipment relating 1213 to the duplication or mass market distribution of any content created or 1214 produced in the state by any digital media format which is now in use 1215 and those formats yet to be created for mass consumer consumption; 1216 and 1217 (C) "Production expenses or costs" does not include the following: (i) 1218 On and after January 1, 2008, compensation in excess of fifteen million 1219 dollars paid to any individual or entity representing an individual, for 1220 services provided in the production of a qualified production and on or 1221 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 51 of 99 after January 1, 2010, compensation subject to Connecticut personal 1222 income tax in excess of twenty million dollars paid in the aggregate to 1223 any individuals or entities representing individuals, for star talent 1224 provided in the production of a qualified production; (ii) media buys, 1225 promotional events or gifts or public relations associated with the 1226 promotion or marketing of any qualified production; (iii) deferred, 1227 leveraged or profit participation costs relating to any and all personnel 1228 associated with any and all aspects of the production, including, but not 1229 limited to, producer fees, director fees, talent fees and writer fees; (iv) 1230 costs relating to the transfer of the production tax credits; (v) any 1231 amounts paid to persons or businesses as a result of their participation 1232 in profits from the exploitation of the qualified production; and (vi) any 1233 expenses or costs relating to an independent certification, as required by 1234 subsection (h) of this section, or as the department may otherwise 1235 require, pertaining to the amount of production expenses or costs set 1236 forth by an eligible production company in its application for a 1237 production tax credit. 1238 (6) "Sound recording" means a recording of music, poetry or spoken-1239 word performance, but does not include the audio portions of dialogue 1240 or words spoken and recorded as part of a motion picture, video, 1241 theatrical production, television news coverage or athletic event. 1242 (7) "State-certified qualified production" means a qualified 1243 production produced by an eligible production company that (A) is in 1244 compliance with regulations adopted pursuant to subsection (l) of this 1245 section, (B) is authorized to conduct business in this state, and (C) has 1246 been approved by the department as qualifying for a production tax 1247 credit under this section. 1248 (8) "Interactive web site" means a web site, the production costs of 1249 which (A) exceed five hundred thousand dollars per income year, and 1250 (B) is primarily (i) interactive games or end user applications, or (ii) 1251 animation, simulation, sound, graphics, story lines or video created or 1252 repurposed for distribution over the Internet. An interactive web site 1253 does not include a web site primarily used for institutional, private, 1254 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 52 of 99 industrial, retail or wholesale marketing or promotional purposes, or 1255 which contains obscene content. 1256 (9) "Post-certification remedy" means the recapture, disallowance, 1257 recovery, reduction, repayment, forfeiture, decertification or any other 1258 remedy that would have the effect of reducing or otherwise limiting the 1259 use of a tax credit provided by this section. 1260 (10) "Compensation" means base salary or wages and does not 1261 include bonus pay, stock options, restricted stock units or similar 1262 arrangements. 1263 (11) "Relocated television production" means: 1264 (A) An ongoing television program all of the prior seasons of which 1265 were filmed outside this state, and may include current events shows, 1266 except those referenced in subparagraph (B)(i) of this subdivision. 1267 (B) An eligible production company's television programming in this 1268 state that (i) is not a general news program, sporting event or game 1269 broadcast, and (ii) is created at a qualified production facility that has 1270 had a minimum investment of twenty-five million dollars made by such 1271 eligible production company on or after January 1, 2012, at which 1272 facility the eligible production company creates ongoing television 1273 programming as defined in subparagraph (A) of this subdivision, and 1274 creates at least two hundred new jobs in Connecticut on or after January 1275 1, 2012. For purposes of this subdivision, "new job" means a full-time 1276 job, as defined in section 12-217ii, that did not exist in this state prior to 1277 January 1, 2012, and is filled by a new employee, and "new employee" 1278 includes a person who was employed outside this state by the eligible 1279 production company prior to January 1, 2012, but does not include a 1280 person who was employed in this state by the eligible production 1281 company or a related person, as defined in section 12-217ii, with respect 1282 to the eligible production company during the prior twelve months. 1283 (C) A relocated television production may be a state-certified 1284 qualified production for not more than ten successive income years, 1285 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 53 of 99 after which period the eligible production company shall be ineligible 1286 to resubmit an application for certification. 1287 (b) (1) The Department of Economic and Community Development 1288 shall administer a system of tax credit vouchers within the resources, 1289 requirements and purposes of this section for eligible production 1290 companies producing a state-certified qualified production in the state. 1291 (2) Any eligible production company incurring production expenses 1292 or costs shall be eligible for a credit (A) for income years commencing 1293 on or after January 1, 2010, but prior to January 1, 2018, against the tax 1294 imposed under chapter 207 or this chapter, (B) for income years 1295 commencing on or after January 1, 2018, but prior to January 1, 2022, 1296 against the tax imposed under chapter 207 or 211 or this chapter, and 1297 (C) for income years commencing on or after January 1, 2022, against the 1298 tax imposed under chapter 207, 211, 219 or this chapter, as follows: (i) 1299 For any such company incurring such expenses or costs of not less than 1300 one hundred thousand dollars, but not more than five hundred 1301 thousand dollars, a credit equal to ten per cent of such expenses or costs, 1302 (ii) for any such company incurring such expenses or costs of more than 1303 five hundred thousand dollars, but not more than one million dollars, a 1304 credit equal to fifteen per cent of such expenses or costs, and (iii) for any 1305 such company incurring such expenses or costs of more than one million 1306 dollars, a credit equal to thirty per cent of such expenses or costs. 1307 (c) No eligible production company incurring an amount of 1308 production expenses or costs that qualifies for such credit shall be 1309 eligible for such credit unless on or after January 1, 2010, such company 1310 conducts (1) not less than fifty per cent of principal photography days 1311 within the state, or (2) expends not less than fifty per cent of 1312 postproduction costs within the state, or (3) expends not less than one 1313 million dollars of postproduction costs within the state. 1314 (d) For income years commencing on or after January 1, 2010, no 1315 expenses or costs incurred outside the state and used within the state 1316 shall be eligible for a credit, and one hundred per cent of such expenses 1317 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 54 of 99 or costs shall be counted toward such credit when incurred within the 1318 state and used within the state. 1319 (e) (1) On and after July 1, 2006, and for income years commencing 1320 on or after January 1, 2006, any credit allowed pursuant to this section 1321 may be sold, assigned or otherwise transferred, in whole or in part, to 1322 one or more taxpayers, provided (A) no credit, after issuance, may be 1323 sold, assigned or otherwise transferred, in whole or in part, more than 1324 three times, (B) in the case of a credit allowed for the income year 1325 commencing on or after January 1, 2011, [and] but prior to January 1, 1326 2012, any entity that is not subject to tax under chapter 207 or this 1327 chapter may transfer not more than fifty per cent of such credit in any 1328 one income year, and (C) in the case of a credit allowed for an income 1329 year commencing on or after January 1, 2012, any entity that is not 1330 subject to tax under chapter 207 or this chapter may transfer not more 1331 than twenty-five per cent of such credit in any one income year. 1332 (2) Notwithstanding the provisions of subdivision (1) of this 1333 subsection, any entity that is not subject to tax under this chapter or 1334 chapter 207 shall not be subject to the limitations on the transfer of 1335 credits provided in subparagraphs (B) and (C) of said subdivision (1), 1336 provided such entity owns not less than fifty per cent, directly or 1337 indirectly, of a business entity, as defined in section 12-284b. 1338 (3) Notwithstanding the provisions of subdivision (1) of this 1339 subsection, any qualified production that is created in whole or in 1340 significant part, as determined by the Commissioner of Economic and 1341 Community Development, at a qualified production facility shall not be 1342 subject to the limitations of subparagraph (B) or (C) of said subdivision 1343 (1). For purposes of this subdivision, "qualified production facility" 1344 means a facility (A) located in this state, (B) intended for film, television 1345 or digital media production, and (C) that has had a minimum 1346 investment of three million dollars, or less if the Commissioner of 1347 Economic and Community D evelopment determines such facility 1348 otherwise qualifies. 1349 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 55 of 99 (4) (A) For the income year commencing on or after January 1, 2018, 1350 but prior to January 1, 2019, any credit that is sold, assigned or otherwise 1351 transferred, in whole or in part, to one or more taxpayers pursuant to 1352 subdivision (1) of this subsection may be claimed against the tax 1353 imposed under chapter 211 only if there is common ownership of at least 1354 fifty per cent between such taxpayer and the eligible production 1355 company that sold, assigned or otherwise transferred such credit. Such 1356 taxpayer may only claim ninety-two per cent of the amount of such 1357 credit entered by the department on the production tax credit voucher. 1358 (B) For income years commencing on or after January 1, 2019, any 1359 credit that is sold, assigned or otherwise transferred, in whole or in part, 1360 to one or more taxpayers pursuant to subdivision (1) of this subsection, 1361 which credit is claimed against the tax imposed under chapter 211, shall 1362 be subject to the following limits: 1363 (i) The taxpayer may only claim ninety-five per cent of the amount of 1364 such credit entered by the department on the production tax credit 1365 voucher; and 1366 (ii) If there is common ownership of at least fifty per cent between 1367 such taxpayer and the eligible production company that sold, assigned 1368 or otherwise transferred such credit, such taxpayer may only claim 1369 ninety-two per cent of the amount of such credit entered by the 1370 department on the production tax credit voucher. 1371 (5) (A) For income years commencing on or after January 1, 2022, but 1372 prior to January 1, 2024, any credit that is claimed against the tax 1373 imposed under chapter 219 shall be subject to the following limits: 1374 [(A)] (i) Any credit that is sold, assigned or otherwise transferred, in 1375 whole or in part, to one or more taxpayers pursuant to subdivision (1) 1376 of this subsection may be claimed against the tax imposed under chapter 1377 219 only if there is common ownership of at least fifty per cent between 1378 such taxpayer and the eligible production company that sold, assigned 1379 or otherwise transferred such credit; and 1380 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 56 of 99 [(B)] (ii) The eligible production company or taxpayer claiming the 1381 credit against the tax imposed under chapter 219 may only claim 1382 seventy-eight per cent of the amount of such credit entered by the 1383 department on the production tax credit voucher. 1384 (B) For income years commencing on or after January 1, 2024, any 1385 credit that is claimed against the tax imposed under chapter 219 shall be 1386 subject to the following limits: 1387 (i) Any credit that is sold, assigned or otherwise transferred, in whole 1388 or in part, to one or more taxpayers pursuant to subdivision (1) of this 1389 subsection may be claimed against the tax imposed under chapter 219 1390 only if there is common ownership of at least fifty per cent between such 1391 taxpayer and the eligible production company that sold, assigned or 1392 otherwise transferred such credit; and 1393 (ii) The eligible production company or taxpayer claiming the credit 1394 against the tax imposed under chapter 219 may only claim ninety-two 1395 per cent of the amount of such credit entered by the department on the 1396 production tax credit voucher. 1397 (f) (1) On and after July 1, 2006, and for income years commencing on 1398 or after January 1, 2006, but prior to January 1, 2015, all or part of any 1399 such credit allowed under this section may be claimed against the tax 1400 imposed under chapter 207 or this chapter for the income year in which 1401 the production expenses or costs were incurred, or in the three 1402 immediately succeeding income years. 1403 (2) For production tax credit vouchers issued on or after July 1, 2015, 1404 but prior to January 1, 2018, all or part of any such credit may be claimed 1405 against the tax imposed under chapter 207 or this chapter, for the 1406 income year in which the production expenses or costs were incurred, 1407 or in the five immediately succeeding income years. 1408 (3) For production tax credit vouchers issued on or after July 1, 2018, 1409 but prior to January 1, 2022, all or part of any such credit may be claimed 1410 against the tax imposed under chapter 207 or 211 or this chapter, for the 1411 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 57 of 99 income year in which the production expenses or costs were incurred, 1412 or in the five immediately succeeding income years. 1413 (4) For production tax credit vouchers issued on or after January 1, 1414 2022, all or part of any such credit may be claimed against the tax 1415 imposed under chapter 207, 211, 219 or this chapter, for the income year 1416 in which the production expenses or costs were incurred, or in the five 1417 immediately succeeding income years. 1418 (g) Any production tax credit allowed under this section shall be 1419 nonrefundable. 1420 (h) (1) An eligible production company shall apply to the department 1421 for a tax credit voucher on an annual basis, but not later than ninety days 1422 after the first production expenses or costs are incurred in the 1423 production of a qualified production, and shall provide with such 1424 application such information as the department may require to 1425 determine such company's eligibility to claim a credit under this section. 1426 No production expenses or costs may be listed more than once for 1427 purposes of the tax credit voucher pursuant to this section, or pursuant 1428 to section 12-217kk or 12-217ll, and if a production expense or cost has 1429 been included in a claim for a credit, such production expense or cost 1430 may not be included in any subsequent claim for a credit. 1431 (2) Not later than ninety days after the end of the annual period, or 1432 after the last production expenses or costs are incurred in the production 1433 of a qualified production, an eligible production company shall apply 1434 to the department for a production tax credit voucher, and shall provide 1435 with such application (A) a report that includes the number of full-time 1436 jobs and the number of part-time jobs created by the eligible production 1437 company during the annual period, a description of each such job and 1438 an explanation of what the eligible production company considers to be 1439 job creation for purposes of the report, and (B) such information and 1440 independent certification as the department may require pertaining to 1441 the amount of such company's production expenses or costs. Such 1442 independent certification shall be provided by an audit professional 1443 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 58 of 99 chosen from a list compiled by the department. If the department 1444 determines that such company is eligible to be issued a production tax 1445 credit voucher, the department shall enter on the voucher the amount 1446 of production expenses or costs that has been established to the 1447 satisfaction of the department and the amount of such company's credit 1448 under this section. The department shall provide a copy of such voucher 1449 to the commissioner, upon request. 1450 (3) The department shall charge a reasonable administrative fee 1451 sufficient to cover the department's costs to analyze applications 1452 submitted under this section. 1453 (i) If an eligible production company sells, assigns or otherwise 1454 transfers a credit under this section to another taxpayer, the transferor 1455 and transferee shall jointly submit written notification of such transfer 1456 to the department not later than thirty days after such transfer. If such 1457 transferee sells, assigns or otherwise transfers a credit under this section 1458 to a subsequent transferee, such transferee and such subsequent 1459 transferee shall jointly submit written notification of such transfer to the 1460 department not later than thirty days after such transfer. The 1461 notification after each transfer shall include the credit voucher number, 1462 the date of transfer, the amount of such credit transferred, the tax credit 1463 balance before and after the transfer, the tax identification numbers for 1464 both the transferor and the transferee, and any other information 1465 required by the department. Failure to comply with this subsection will 1466 result in a disallowance of the tax credit until there is full compliance on 1467 the part of the transferor and the transferee, and for a second or third 1468 transfer, on the part of all subsequent transferors and transferees. The 1469 department shall provide a copy of the notification of assignment to the 1470 commissioner upon request. 1471 (j) Any eligible production company that submits information to the 1472 department that it knows to be fraudulent or false shall, in addition to 1473 any other penalties provided by law, be liable for a penalty equal to the 1474 amount of such company's credit entered on the production tax credit 1475 voucher issued under this section. 1476 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 59 of 99 (k) No tax credits transferred pursuant to this section shall be subject 1477 to a post-certification remedy, and the department and the 1478 commissioner shall have no right, except in the case of possible material 1479 misrepresentation or fraud, to conduct any further or additional review, 1480 examination or audit of the expenditures or costs for which such tax 1481 credits were issued. The sole and exclusive remedy of the department 1482 and the commissioner shall be to seek collection of the amount of such 1483 tax credits from the entity that committed the fraud or 1484 misrepresentation. 1485 (l) The department, in consultation with the commissioner, shall 1486 adopt regulations, in accordance with the provisions of chapter 54, as 1487 may be necessary for the administration of this section. 1488 Sec. 10. Subsection (a) of section 32-1m of the general statutes is 1489 repealed and the following is substituted in lieu thereof (Effective January 1490 1, 2024): 1491 (a) Not later than February first, annually, the Commissioner of 1492 Economic and Community Development shall submit a report to the 1493 Governor, the Auditors of Public Accounts and the joint standing 1494 committees of the General Assembly having cognizance of matters 1495 relating to appropriations and the budgets of state agencies, finance, 1496 revenue and bonding and commerce, in accordance with the provisions 1497 of section 11-4a. Not later than thirty days after submission of the report, 1498 said commissioner shall post the report on the Department of Economic 1499 and Community Development's web site. Such report shall include, but 1500 not be limited to, the following information with regard to the activities 1501 of the Department of Economic and Community Development and to 1502 business assistance programs administered by Connecticut Innovations, 1503 Incorporated, during the preceding state fiscal year: 1504 (1) A brief description and assessment of the state's economy during 1505 such year, utilizing the most recent and reasonably available data, and 1506 including: 1507 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 60 of 99 (A) Connecticut employment by industry; 1508 (B) Connecticut and national average unemployment; and 1509 (C) Connecticut gross state product, by industry. 1510 (2) An analysis of the economic development portfolio of the 1511 department, including, but not limited to, each business assistance or 1512 incentive program, including any business tax credit or abatement 1513 program, grant, loan, forgivable loan or other form of assistance, 1514 enacted for the purpose of improving economic development. The 1515 analysis shall include: 1516 (A) The Internet web site address of the state's open data portal and 1517 an indication of where the name, address and location of each recipient 1518 of the department's assistance is published on the site along with the 1519 following information concerning each recipient: (i) Business activities, 1520 (ii) standard industrial classification codes or North American industrial 1521 classification codes, (iii) whether the recipient is a minority or woman-1522 owned business, (iv) a summary of the terms and conditions for the 1523 assistance, including the type and amount of state financial assistance 1524 and job creation or retention requirements, (v) the amount of 1525 investments from private and other nonstate sources that have been 1526 leveraged by the assistance, and (vi) the amount of state investment; 1527 (B) A portfolio analysis, including an analysis of the wages paid by 1528 recipients of financial assistance by industry; 1529 (C) An investment analysis, including (i) total portfolio value, (ii) 1530 total investment by industry, (iii) portfolio dollar per job average, and 1531 (iv) portfolio leverage ratio; 1532 (D) An overview of the business assistance and incentive programs 1533 administered by the department and an analysis of their estimated 1534 economic impact on the state's economy. The analysis shall include, for 1535 each business assistance or incentive program for which such data is 1536 available, the number of new jobs created, the borrowing cost to the 1537 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 61 of 99 state and the estimated impact of such program on annual state 1538 revenues; 1539 (E) An analysis of whether the statutory and programmatic goals of 1540 each business or incentive program are being met, with obstacles to such 1541 goals identified, if possible; 1542 (F) (i) Recommendations as to whether any existing business 1543 assistance or incentive program should be continued, modified or 1544 repealed and the basis or bases for such recommendations, and (ii) any 1545 recommendations for additional data collection by the state to better 1546 inform future evaluations of such programs; and 1547 (G) The methodologies and assumptions used in carrying out the 1548 analyses under this subdivision. 1549 (3) An analysis of the community development portfolio of the 1550 department, including: 1551 (A) The Internet web site address of the state's open data portal and 1552 an indication of where the name, address and location of each recipient 1553 of the department's assistance is published on the site along with the 1554 following information concerning each recipient: (i) Amount of state 1555 investment, (ii) a summary of the terms and conditions for the 1556 department's assistance, including the type and amount of state 1557 financial assistance, and (iii) the amount of investments from private 1558 and other nonstate sources that have been leveraged by such assistance; 1559 and 1560 (B) An investment analysis, including (i) total active portfolio value, 1561 (ii) total investments made in the preceding state fiscal year, and (iii) 1562 total portfolio leverage ratio. 1563 (4) An analysis of each business assistance or incentive program, 1564 including any business tax credit or abatement program, grant, loan, 1565 forgivable loan or other form of assistance, enacted for the purpose of 1566 improving economic development, that (A) (i) had ten or more 1567 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 62 of 99 recipients of assistance in the preceding state fiscal year, or (ii) credited, 1568 abated or distributed more than one million dollars in the preceding 1569 state fiscal year, and (B) is administered by the department or 1570 Connecticut Innovations, Incorporated. The analysis shall include: 1571 (i) An overview of the business assistance or incentive program and 1572 an analysis of its estimated economic effects on the state's economy, 1573 including, for each program where such data is available, the number of 1574 new jobs created and the estimated impact of such program on annual 1575 state revenues; 1576 (ii) An analysis of whether the statutory and programmatic goals of 1577 each business assistance or incentive program are being met, with 1578 obstacles to such goals identified, if possible; 1579 (iii) Recommendations as to whether any such existing business 1580 assistance or incentive program should be continued, modified or 1581 repealed and the basis or bases for such recommendations, and any 1582 recommendations for additional data collection by the state to better 1583 inform future evaluations of such programs; and 1584 (iv) The methodologies and assumptions used in carrying out the 1585 analysis under this subdivision. 1586 (5) A summary of the department's international trade efforts in the 1587 preceding state fiscal year, and, to the extent possible, a summary of 1588 foreign direct investment that occurred in the state in such year. 1589 (6) A summary of the total social and economic impact of the 1590 department's efforts and activities in the areas of economic and 1591 community development, and an assessment of the department's 1592 performance in terms of meeting its stated goals and objectives. 1593 (7) With regard to the Small Business Express program established 1594 pursuant to section 32-7g, data on (A) the number of small businesses 1595 that received assistance under said program and the general categories 1596 of such businesses, (B) the amounts and types of assistance provided, 1597 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 63 of 99 (C) the total number of jobs on the date of application and the number 1598 proposed to be created or retained, (D) the most recent employment 1599 figures of the small businesses receiving assistance, (E) the default rate 1600 of small businesses that received assistance under said program, and (F) 1601 the progress of the lenders participating in said program in becoming 1602 self-sustainable. 1603 (8) With regard to airport development zones established pursuant 1604 to section 32-75d, a summary of the economic and cost benefits of each 1605 zone and any recommended revisions to any such zones. 1606 (9) An overview of the department's activities related to tourism, the 1607 arts and historic preservation. 1608 (10) An overview of the department's activities concerning digital 1609 media, motion pictures and related production activity, and an analysis 1610 of the use of the film production tax credit established under section 12-1611 217jj, as amended by this act, the entertainment industry infrastructure 1612 tax credit established under section 12-217kk and the digital animation 1613 production tax credit established under section 12-217ll, including the 1614 amount of any tax credit issued under said sections, [and] the total 1615 amount of production expenses or costs incurred in the state by the 1616 taxpayer who was issued such a tax credit and the information 1617 submitted in the report required under subparagraph (A) of subdivision 1618 (1) of subsection (h) of section 12-217jj, as amended by this act. 1619 (11) A summary of the department's and the office of the permit 1620 ombudsman's brownfield-related efforts and activities in the preceding 1621 fiscal year. 1622 (12) A summary of the department's dry cleaning establishment 1623 remediation account activities in the preceding fiscal year. 1624 Sec. 11. Section 12-217ee of the general statutes is repealed and the 1625 following is substituted in lieu thereof (Effective July 1, 2023): 1626 (a) (1) Any taxpayer that [(1)] (A) is a qualified small business, [(2)] 1627 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 64 of 99 (B) qualifies for a credit under section 12-217j or section 12-217n, and 1628 [(3)] (C) cannot take such credit in the taxable year in which the credit 1629 could otherwise be taken as a result of having no tax liability under this 1630 chapter may elect to carry such credit forward under this chapter or may 1631 apply to the commissioner as provided in subsection (b) of this section 1632 to exchange such credit with the state for a credit refund equal to sixty-1633 five per cent of the value of the credit or, for a biotechnology company, 1634 equal to eighty per cent of the value of the credit. 1635 (2) Any amount of credit refunded under this section shall be 1636 refunded to the taxpayer under the provisions of this chapter, except 1637 that such credit refund shall not be subject to the provisions of section 1638 12-227. Payment of the capital base tax under section 12-219, as 1639 amended by this act, for an income year commencing on or after January 1640 1, 2002, in which year the taxpayer reports no net income, as defined in 1641 section 12-213, or payment of the minimum tax of two hundred fifty 1642 dollars under section 12-219, as amended by this act, or 12-223c for any 1643 income year, shall not be considered a tax liability for purposes of this 1644 section. 1645 (b) An application for refund of such credit amount shall be made to 1646 the Commissioner of Revenue Services, at the same time such taxpayer 1647 files its return for the income year on or before the original due date or, 1648 if applicable, the extended due date of such [year’s] year's return, on 1649 such forms and containing such information as prescribed by said 1650 commissioner. No application for refund of such credit amount may be 1651 made after the due date or extended due date, as the case may be, of 1652 such return. 1653 (c) If the commissioner determines that the taxpayer qualifies for a 1654 credit refund under this section, the commissioner shall notify, no later 1655 than one hundred twenty days from receipt of the application for such 1656 credit refund, the State Comptroller of the name of the eligible taxpayer, 1657 and the State Comptroller shall draw an order on the State Treasurer. 1658 The amount of the credit refund shall be limited as follows: 1659 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 65 of 99 (1) In the case of an application for such credit refund filed by the 1660 taxpayer for income years beginning during 2000 or 2001 where such 1661 credit refund has not been paid as of July 1, 2002, the taxpayer shall be 1662 entitled to receive no more than one million dollars during the [state’s] 1663 state's fiscal year in which the initial refund is paid, with any remaining 1664 unpaid balance to be paid in two equal installments during the [state’s] 1665 state's next two succeeding fiscal years; and 1666 (2) [in] In the case of an application for such credit refund filed by the 1667 taxpayer for the income years beginning during 2002 or thereafter, the 1668 taxpayer shall be entitled to receive no more than one million five 1669 hundred thousand dollars for any one such income year. 1670 (d) The Commissioner of Revenue Services may disallow the credit 1671 refund of any credit otherwise allowable for a taxable year under this 1672 section if the company claiming the exchange has any amount of taxes 1673 due and unpaid to the state including interest, penalties, fees and other 1674 charges related thereto for which a period in excess of thirty days has 1675 elapsed following the date on which such taxes were due and which are 1676 not the subject of a timely filed administrative appeal to the 1677 commissioner or of a timely filed appeal pending before any court of 1678 competent jurisdiction. Before any such disallowance, the commissioner 1679 shall send written notice to the company, stating that it may pay the 1680 amount of such delinquent tax or enter into an agreement with the 1681 commissioner for the payment thereof, by the date set forth in said 1682 notice, provided, such date shall not be less than thirty days after the 1683 date of such notice. Failure on the part of the company to pay the 1684 amount of the delinquent tax or enter into an agreement to pay the 1685 amount thereof by said date shall result in a disallowance of the credit 1686 refund being claimed. 1687 (e) For purposes of this section, (1) "qualified small business" means 1688 a company that [(1)] (A) has gross income for the previous income year 1689 that does not exceed seventy million dollars, and [(2)] (B) has not, in the 1690 determination of the commissioner, met the gross income test through 1691 transactions with a related person, as defined in section 12-217w, as 1692 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 66 of 99 amended by this act, and (2) "biotechnology company" has the same 1693 meaning as provided in subsection (b) of section 12-217j. 1694 Sec. 12. Section 22a-245a of the general statutes is repealed and the 1695 following is substituted in lieu thereof (Effective from passage): 1696 (a) Each deposit initiator shall open a special interest-bearing account 1697 at a Connecticut branch of a financial institution, as defined in section 1698 45a-557a, to the credit of the deposit initiator. Each deposit initiator shall 1699 deposit in such account an amount equal to the refund value established 1700 pursuant to subsection (a) of section 22a-244, for each beverage 1701 container sold by such deposit initiator. Such deposit shall be made not 1702 more than one month after the date such beverage container is sold, 1703 provided for any beverage container sold during the period from 1704 December 1, 2008, to December 31, 2008, inclusive, such deposit shall be 1705 made not later than January 5, 2009. All interest, dividends and returns 1706 earned on the special account shall be paid directly into such account. 1707 Such moneys shall be kept separate and apart from all other moneys in 1708 the possession of the deposit initiator. The amount required to be 1709 deposited pursuant to this section, when deposited, shall be held to be 1710 a special fund in trust for the state. 1711 (b) (1) Any reimbursement of the refund value for a redeemed 1712 beverage container shall be paid from the deposit initiator's special 1713 account, with such payment to be computed, subject to the provisions 1714 of subdivision (2) of this subsection, under the cash receipts and 1715 disbursements method of accounting, as described in Section 446(c)(1) 1716 of the Internal Revenue Code of 1986, or any subsequent corresponding 1717 Internal Revenue Code of the United States, as amended from time to 1718 time. 1719 (2) A deposit initiator may petition the Commissioner of Revenue 1720 Services for an alternate method of accounting by filing with such 1721 deposit initiator's return a statement of objections and other proposed 1722 alternate method of accounting, as such deposit initiator believes proper 1723 and equitable under the circumstances, that is accompanied by 1724 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 67 of 99 supporting details and proof. The Commissioner of Revenue Services 1725 shall promptly notify such deposit initiator whether the proposed 1726 alternate method is accepted as reasonable and equitable and, if so 1727 accepted, shall adjust such deposit initiator's return and payment of 1728 reimbursement accordingly. 1729 (c) Not later than August 1, 2024, and annually thereafter, the 1730 Commissioner of Energy and Environmental Protection shall calculate 1731 and publish the average state-wide redemption rate for the preceding 1732 fiscal year, calculated as the number of beverage containers redeemed 1733 for the deposit divided by the number of beverage containers sold. 1734 [(c)] (d) (1) Each deposit initiator shall submit a report on March 15, 1735 2009, for the period from December 1, 2008, to February 28, 2009, 1736 inclusive. Each deposit initiator shall submit a report on July 31, 2009, 1737 for the period from March 1, 2009, to June 30, 2009, inclusive, and 1738 thereafter shall submit a quarterly report for the immediately preceding 1739 calendar quarter one month after the close of such quarter. Each such 1740 report shall be submitted to the Commissioner of Energy and 1741 Environmental Protection, on a form prescribed by the commissioner 1742 and with such information as the commissioner deems necessary, 1743 including, but not limited to: (A) The balance in the special account at 1744 the beginning of the quarter for which the report is prepared; (B) a list 1745 of all deposits credited to such account during such quarter, including 1746 all refund values paid to the deposit initiator and all interest, dividends 1747 or returns received on the account; (C) a list of all withdrawals from 1748 such account during such quarter, all service charges and overdraft 1749 charges on the account and all payments made pursuant to subsection 1750 [(d)] (e) of this section; and (D) the balance in the account at the close of 1751 the quarter for which the report is prepared. 1752 (2) Each deposit initiator shall submit a report on October 31, 2010, 1753 for the calendar quarter beginning July 1, 2010. Subsequently, each 1754 deposit initiator shall submit a quarterly report for the immediately 1755 preceding calendar quarter, on or before the last day of the month next 1756 succeeding the close of such quarter. Each such report shall be 1757 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 68 of 99 submitted to the Commissioner of Revenue Services, on a form 1758 prescribed by the Commissioner of Revenue Services, and with such 1759 information as the Commissioner of Revenue Services deems necessary, 1760 including, but not limited to, the following information: (A) The balance 1761 in the special account at the beginning of the quarter for which the 1762 report is prepared, (B) all deposits credited to such account during such 1763 quarter, including all refund values paid to the deposit initiator and all 1764 interest, dividends or returns received on such account, (C) all 1765 withdrawals from such account during such quarter, including all 1766 service charges and overdraft charges on such account and all payments 1767 made pursuant to subsection [(d)] (e) of this section, and (D) the balance 1768 in such account at the close of the quarter for which the report is 1769 prepared. Such quarterly report shall be filed electronically with the 1770 Commissioner of Revenue Services, in the manner provided by chapter 1771 228g. 1772 [(d)] (e) (1) On or before April 30, 2009, each deposit initiator shall 1773 pay the balance outstanding in the special account that is attributable to 1774 the period from December 1, 2008, to March 31, 2009, inclusive, to the 1775 Commissioner of Energy and Environmental Protection for deposit in 1776 the General Fund. Thereafter, the balance outstanding in the special 1777 account that is attributable to the immediately preceding calendar 1778 quarter shall be paid by the deposit initiator one month after the close 1779 of such quarter to the Commissioner of Energy and Environmental 1780 Protection for deposit in the General Fund. If the amount of the required 1781 payment pursuant to this subdivision is not paid by the date seven days 1782 after the due date, a penalty of ten per cent of the amount due shall be 1783 added to the amount due. The amount due shall bear interest at the rate 1784 of one and one-half per cent per month or fraction thereof, from the due 1785 date. Any such penalty or interest shall not be paid from funds 1786 maintained in the special account. 1787 (2) (A) On or before October 31, 2010, each deposit initiator shall pay 1788 the balance outstanding in the special account that is attributable to the 1789 period from July 1, 2010, to September 30, 2010, inclusive, to the 1790 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 69 of 99 Commissioner of Revenue Services for deposit in the General Fund. 1791 (B) Subsequently: [, for] 1792 (i) For the fiscal year ending June 30, 2023, ninety-five per cent of the 1793 balance outstanding in the special account that is attributable to the 1794 immediately preceding calendar quarter shall be paid by the deposit 1795 initiator on or before the last day of the month next succeeding the close 1796 of such quarter to the Commissioner of Revenue Services for deposit in 1797 the General Fund; [, for] 1798 (ii) For the fiscal year ending June 30, 2024, sixty-five per cent of the 1799 balance outstanding in the special account that is attributable to the 1800 immediately preceding calendar quarter shall be paid by the deposit 1801 initiator on or before the last day of the month next succeeding the close 1802 of such quarter to the Commissioner of Revenue Services for deposit in 1803 the General Fund, except that for the calendar quarters ending 1804 September 30, 2023, and December 31, 2023, the balances outstanding in 1805 the special account that are attributable to said calendar quarters shall 1806 be retained in the special account by the deposit initiator for the purpose 1807 of reimbursement of the refund value in effect on January 1, 2024, for a 1808 redeemed beverage container in accordance with the provisions of 1809 subsection (b) of this section and section 22a-244; 1810 (iii) For the fiscal year ending June 30, 2025, [fifty-five] fifty per cent 1811 of the balance outstanding in the special account that is attributable to 1812 the immediately preceding calendar quarter shall be paid by the deposit 1813 initiator on or before the last day of the month next succeeding the close 1814 of such quarter to the Commissioner of Revenue Services for deposit in 1815 the General Fund; [and for] 1816 (iv) For the fiscal year ending June 30, 2026, [and each subsequent 1817 fiscal year thereafter, forty-five] if the redemption rate calculated under 1818 subsection (c) of this section for the preceding fiscal year is: 1819 (I) At least sixty-five per cent, twenty-five per cent of the balance 1820 outstanding in the special account that is attributable to the immediately 1821 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 70 of 99 preceding calendar quarter shall be paid by the deposit initiator on or 1822 before the last day of the month next succeeding the close of such 1823 quarter to the Commissioner of Revenue Services for deposit in the 1824 General Fund; and 1825 (II) Less than sixty-five per cent, forty-five per cent of the balance 1826 outstanding in the special account that is attributable to the immediately 1827 preceding calendar quarter shall be paid by the deposit initiator on or 1828 before the last day of the month next succeeding the close of such 1829 quarter to the Commissioner of Revenue Services for deposit in the 1830 General Fund; 1831 (v) For the fiscal year ending June 30, 2027, if the redemption rate 1832 calculated under subsection (c) of this section for the preceding fiscal 1833 year is: 1834 (I) At least seventy per cent, five per cent of the balance outstanding 1835 in the special account that is attributable to the immediately preceding 1836 calendar quarter shall be paid by the deposit initiator on or before the 1837 last day of the month next succeeding the close of such quarter to the 1838 Commissioner of Revenue Services for deposit in the General Fund; 1839 (II) Less than seventy per cent but more than sixty-five per cent, 1840 twenty-five per cent of the balance outstanding in the special account 1841 that is attributable to the immediately preceding calendar quarter shall 1842 be paid by the deposit initiator on or before the last day of the month 1843 next succeeding the close of such quarter to the Commissioner of 1844 Revenue Services for deposit in the General Fund; and 1845 (III) Sixty-five per cent or less, forty-five per cent of the balance 1846 outstanding in the special account that is attributable to the immediately 1847 preceding calendar quarter shall be paid by the deposit initiator on or 1848 before the last day of the month next succeeding the close of such 1849 quarter to the Commissioner of Revenue Services for deposit in the 1850 General Fund; and 1851 (vi) For the fiscal year ending June 30, 2028, and each fiscal year 1852 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 71 of 99 thereafter, if the redemption rate calculated under subsection (c) of this 1853 section for the preceding fiscal year is: 1854 (I) At least eighty per cent, five per cent of the balance outstanding in 1855 the special account that is attributable to the immediately preceding 1856 calendar quarter shall be paid by the deposit initiator on or before the 1857 last day of the month next succeeding the close of such quarter to the 1858 Commissioner of Revenue Services for deposit in the General Fund; 1859 (II) Less than eighty per cent but more than seventy per cent, ten per 1860 cent of the balance outstanding in the special account that is attributable 1861 to the immediately preceding calendar quarter shall be paid by the 1862 deposit initiator on or before the last day of the month next succeeding 1863 the close of such quarter to the Commissioner of Revenue Services for 1864 deposit in the General Fund; 1865 (III) Seventy per cent or less but more than sixty-five per cent, twenty-1866 five per cent of the balance outstanding in the special account that is 1867 attributable to the immediately preceding calendar quarter shall be paid 1868 by the deposit initiator on or before the last day of the month next 1869 succeeding the close of such quarter to the Commissioner of Revenue 1870 Services for deposit in the General Fund; and 1871 (IV) Sixty-five per cent or less, forty-five per cent of the balance 1872 outstanding in the special account that is attributable to the immediately 1873 preceding calendar quarter shall be paid by the deposit initiator on or 1874 before the last day of the month next succeeding the close of such 1875 quarter to the Commissioner of Revenue Services for deposit in the 1876 General Fund. 1877 (C) If the amount of the required payment pursuant to this 1878 subdivision is not paid on or before the due date, a penalty of ten per 1879 cent of the amount due and unpaid, or fifty dollars, whichever is greater, 1880 shall be imposed. The amount due and unpaid shall bear interest at the 1881 rate of one per cent per month or fraction thereof, from the due date. 1882 Any such penalty or interest shall not be paid from funds maintained in 1883 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 72 of 99 such special account. Such required payment shall be made by 1884 electronic funds transfer to the Commissioner of Revenue Services, in 1885 the manner provided by chapter 228g. 1886 [(e)] (f) If moneys deposited in the special account are insufficient to 1887 pay for withdrawals authorized pursuant to subsection (b) of this 1888 section, the amount of such deficiency shall be subtracted from the next 1889 succeeding payment or payments due pursuant to subsection [(d)] (e) of 1890 this section until the amount of the deficiency has been subtracted in 1891 full. 1892 [(f)] (g) The Commissioner of Revenue Services may examine the 1893 accounts and records of any deposit initiator maintained under this 1894 section or sections 22a-243 to 22a-245, inclusive, and any related 1895 accounts and records, including receipts, disbursements and such other 1896 items as the Commissioner of Revenue Services deems appropriate. 1897 [(g)] (h) The Attorney General may, independently or upon 1898 complaint of the Commissioner of Energy and Environmental 1899 Protection or the Commissioner of Revenue Services, institute any 1900 appropriate action or proceeding to enforce any provision of this section 1901 or any regulation adopted pursuant to section 22a-245 to implement the 1902 provisions of this section. 1903 [(h)] (i) The provisions of sections 12-548, 12-550 to 12-554, inclusive, 1904 and 12-555a shall be deemed to apply to the provisions of this section, 1905 except any provision of sections 12-548, 12-550 to 12-554, inclusive, and 1906 12-555a that is inconsistent with the provision in this section. 1907 [(i)] (j) Any payment required pursuant to this section shall be treated 1908 as a tax for purposes of sections 12-30b, 12-33a, 12-35a, 12-39g and 12-1909 39h. 1910 [(j)] (k) Not later than July 1, 2010, the Department of Energy and 1911 Environmental Protection or successor agency shall establish a 1912 procedure that allows each such deposit initiator to take a credit against 1913 any payment made pursuant to subsection [(d)] (e) of this section in the 1914 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 73 of 99 amount of the deposits refunded on beverage containers which such 1915 deposit initiator donated for any charitable purpose. 1916 Sec. 13. Subparagraph (J) of subdivision (37) of section 12-407 of the 1917 general statutes is repealed and the following is substituted in lieu 1918 thereof (Effective July 1, 2023, and applicable to sales occurring on or after 1919 July 1, 2023): 1920 (J) Business analysis, management, management consulting and 1921 public relations services, excluding (i) any environmental consulting 1922 services, (ii) any job-related or personnel training services, [provided by 1923 an institution of higher education licensed or accredited by the Board of 1924 Regents for Higher Education or authorized by the Office of Higher 1925 Education pursuant to sections 10a-35a and 10a-34, respectively, and] or 1926 (iii) on and after January 1, 1994, any business analysis, management, 1927 management consulting and public relations services when such 1928 services are rendered in connection with an aircraft leased or owned by 1929 a certificated air carrier or in connection with an aircraft [which] that has 1930 a maximum certificated take-off weight of six thousand pounds or more; 1931 Sec. 14. Subsection (c) of section 12-217g of the general statutes is 1932 repealed and the following is substituted in lieu thereof (Effective January 1933 1, 2024, and applicable to income years commencing on or after January 1, 1934 2024): 1935 (c) There shall be allowed a credit for any taxpayer against the tax 1936 imposed under this chapter for any income year with respect to wages 1937 paid to apprentices in the construction trades by such taxpayer in such 1938 year that the apprentice and taxpayer participate in a qualified 1939 apprenticeship training program, as described in subsection (d) of this 1940 section, [which] that (1) is at least four years in duration, (2) is certified 1941 in accordance with regulations adopted in accordance with the 1942 provisions of chapter 54 by the Labor Commissioner, and (3) is 1943 registered with the Labor Department under section 31-22r, as amended 1944 by this act. The tax credit shall be (A) in an amount equal to two dollars 1945 per hour multiplied by the total number of hours completed by each 1946 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 74 of 99 apprentice toward completion of such program, and (B) awarded upon 1947 completion and notification of completion of such program in the 1948 income year in which such completion and notification occur, provided 1949 the amount of credit allowed for such income year with respect to each 1950 such apprentice may not exceed [four thousand] seven thousand five 1951 hundred dollars or fifty per cent of actual wages paid over the first four 1952 income years for such apprenticeship, whichever is less. 1953 Sec. 15. Section 31-22r of the general statutes is repealed and the 1954 following is substituted in lieu thereof (Effective January 1, 2024): 1955 (a) (1) Each person who registered as an apprentice with the Labor 1956 Department before July 1, 2003, and has no t completed an 1957 apprenticeship as of July 9, 2003, shall pay to the Labor Department a 1958 registration fee of twenty-five dollars on or before July 1, 2003, and a 1959 renewal registration fee of twenty-five dollars on or before July first of 1960 each subsequent year until (A) such registration is withdrawn, or (B) 1961 such person has completed an apprenticeship and possesses a valid 1962 journeyperson card of occupational license, if required. 1963 (2) Each person who initially registers as an apprentice with the Labor 1964 Department on or after July 1, 2003, shall pay to the Labor Department 1965 a registration fee of fifty dollars at the time of registration and an annual 1966 renewal registration fee of fifty dollars until (A) such registration is 1967 withdrawn, or (B) such person has completed an apprenticeship and 1968 possesses a valid journeyperson card of occupational license, if 1969 required. 1970 (b) Each person sponsoring an apprenticeship program registered 1971 with the Labor Department as of July 1, 2003, shall pay to the Labor 1972 Department an annual registration fee of sixty dollars for each 1973 apprentice participating in such program until the apprentice has 1974 completed the apprenticeship and possesses a valid journeyperson card 1975 of occupational license, if required, or such program is cancelled by the 1976 sponsor or deregistered for cause by the Labor Department in 1977 accordance with regulations adopted pursuant to this chapter, 1978 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 75 of 99 whichever is earlier. 1979 (c) Each person sponsoring an apprenticeship program registered 1980 with the Labor Department as of July 1, 2024, shall annually submit the 1981 following information along with such sponsor's annual registration fee: 1982 (1) The current minimum completion rate of such sponsor's 1983 apprenticeship program, (2) the number of registered apprentices 1984 currently participating in such sponsor's program, (3) the number of 1985 licensed journeypersons currently employed by such sponsor, (4) the 1986 number of registered apprentices participating in such program who 1987 have advanced a year since the date of such sponsor's previous 1988 registration, or year to date for new sponsors, (5) the number of 1989 apprentices who have separated from such sponsor's program since the 1990 date of such sponsor's previous registration, or year to date for new 1991 sponsors, (6) the number of apprentices who have completed an 1992 apprenticeship program with such sponsor since the date of such 1993 sponsor's previous registration, or year to date for new sponsors, and 1994 (7) the number of apprentices who completed such sponsor's program 1995 who have been issued an occupational license by the Department of 1996 Consumer Protection and are currently employed by such sponsor. All 1997 information shall be submitted in a form and manner as prescribed by 1998 the commissioner and disaggregated by gender identity, race and 1999 ethnicity. Notwithstanding the provisions of section 1-210, such 2000 information provided by a sponsor shall be considered a public record 2001 and all persons shall have the right to inspect and copy such records in 2002 accordance with the provisions of section 1-212. 2003 [(c)] (d) Fifty per cent of any amount collected by the Labor 2004 Department pursuant to this section shall be deposited in the General 2005 Fund and fifty per cent of such amount shall be credited to a separate 2006 nonlapsing appropriation to the Labor Department, for the purpose of 2007 administering the department's apprentice training program and 2008 sections 31-22m to 31-22p, inclusive. 2009 Sec. 16. Subdivision (1) of section 12-408 of the general statutes is 2010 repealed and the following is substituted in lieu thereof (Effective July 1, 2011 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 76 of 99 2023, and applicable to sales occurring on or after July 1, 2023): 2012 (1) (A) For the privilege of making any sales, as defined in 2013 subdivision (2) of subsection (a) of section 12-407, at retail, in this state 2014 for a consideration, a tax is hereby imposed on all retailers at the rate of 2015 six and thirty-five-hundredths per cent of the gross receipts of any 2016 retailer from the sale of all tangible personal property sold at retail or 2017 from the rendering of any services constituting a sale in accordance with 2018 subdivision (2) of subsection (a) of section 12-407, except, in lieu of said 2019 rate, the rates provided in subparagraphs (B) to (I), inclusive, of this 2020 subdivision; 2021 (B) (i) At a rate of fifteen per cent with respect to each transfer of 2022 occupancy, from the total amount of rent received by a hotel or lodging 2023 house for the first period not exceeding thirty consecutive calendar 2024 days; 2025 (ii) At a rate of eleven per cent with respect to each transfer of 2026 occupancy, from the total amount of rent received by a bed and 2027 breakfast establishment for the first period not exceeding thirty 2028 consecutive calendar days; 2029 (C) With respect to the sale of a motor vehicle to any individual who 2030 is a member of the armed forces of the United States and is on full-time 2031 active duty in Connecticut and who is considered, under 50 App USC 2032 574, a resident of another state, or to any such individual and the spouse 2033 thereof, at a rate of four and one-half per cent of the gross receipts of any 2034 retailer from such sales, provided such retailer requires and maintains a 2035 declaration by such individual, prescribed as to form by the 2036 commissioner and bearing notice to the effect that false statements made 2037 in such declaration are punishable, or other evidence, satisfactory to the 2038 commissioner, concerning the purchaser's state of residence under 50 2039 App USC 574; 2040 (D) (i) With respect to the sales of computer and data processing 2041 services occurring on or after July 1, 2001, at the rate of one per cent, and 2042 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 77 of 99 (ii) with respect to sales of Internet access services, on and after July 1, 2043 2001, such services shall be exempt from such tax; 2044 (E) (i) With respect to the sales of labor that is otherwise taxable under 2045 subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 2046 12-407 on existing vessels and repair or maintenance services on vessels 2047 occurring on and after July 1, 1999, such services shall be exempt from 2048 such tax; 2049 (ii) With respect to the sale of a vessel, a motor for a vessel or a trailer 2050 used for transporting a vessel, at the rate of two and ninety-nine-2051 hundredths per cent, except that the sale of a vessel shall be exempt from 2052 such tax if such vessel is docked in this state for sixty or fewer days in a 2053 calendar year; 2054 (iii) With respect to the sale of dyed diesel fuel, as defined in 2055 subsection (d) of section 12-487, sold by a marine fuel dock exclusively 2056 for marine purposes, at the rate of two and ninety-nine-hundredths per 2057 cent; 2058 (F) With respect to patient care services for which payment is 2059 received by the hospital on or after July 1, 1999, and prior to July 1, 2001, 2060 at the rate of five and three-fourths per cent and on and after July 1, 2001, 2061 such services shall be exempt from such tax; 2062 (G) With respect to the rental or leasing of a passenger motor vehicle 2063 for a period of thirty consecutive calendar days or less, at a rate of nine 2064 and thirty-five-hundredths per cent; 2065 (H) With respect to the sale of (i) a motor vehicle for a sales price 2066 exceeding fifty thousand dollars, at a rate of seven and three-fourths per 2067 cent on the entire sales price, (ii) jewelry, whether real or imitation, for 2068 a sales price exceeding five thousand dollars, at a rate of seven and 2069 three-fourths per cent on the entire sales price, and (iii) an article of 2070 clothing or footwear intended to be worn on or about the human body, 2071 a handbag, luggage, umbrella, wallet or watch for a sales price 2072 exceeding one thousand dollars, at a rate of seven and three-fourths per 2073 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 78 of 99 cent on the entire sales price. For purposes of this subparagraph, "motor 2074 vehicle" has the meaning provided in section 14-1, but does not include 2075 a motor vehicle subject to the provisions of subparagraph (C) of this 2076 subdivision, a motor vehicle having a gross vehicle weight rating over 2077 twelve thousand five hundred pounds, or a motor vehicle having a 2078 gross vehicle weight rating of twelve thousand five hundred pounds or 2079 less that is not used for private passenger purposes, but is designed or 2080 used to transport merchandise, freight or persons in connection with 2081 any business enterprise and issued a commercial registration or more 2082 specific type of registration by the Department of Motor Vehicles; 2083 (I) With respect to the sale of meals, as defined in subdivision (13) of 2084 section 12-412, sold by an eating establishment, caterer or grocery store; 2085 and spirituous, malt or vinous liquors, soft drinks, sodas or beverages 2086 such as are ordinarily dispensed at bars and soda fountains, or in 2087 connection therewith; in addition to the tax imposed under 2088 subparagraph (A) of this subdivision, at the rate of one per cent; 2089 (J) The rate of tax imposed by this chapter shall be applicable to all 2090 retail sales upon the effective date of such rate, except that a new rate 2091 that represents an increase in the rate applicable to the sale shall not 2092 apply to any sales transaction wherein a binding sales contract without 2093 an escalator clause has been entered into prior to the effective date of the 2094 new rate and delivery is made within ninety days after the effective date 2095 of the new rate. For the purposes of payment of the tax imposed under 2096 this section, any retailer of services taxable under subdivision (37) of 2097 subsection (a) of section 12-407, as amended by this act, who computes 2098 taxable income, for purposes of taxation under the Internal Revenue 2099 Code of 1986, or any subsequent corresponding internal revenue code 2100 of the United States, as amended from time to time, on an accounting 2101 basis that recognizes only cash or other valuable consideration actually 2102 received as income and who is liable for such tax only due to the 2103 rendering of such services may make payments related to such tax for 2104 the period during which such income is received, without penalty or 2105 interest, without regard to when such service is rendered; 2106 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 79 of 99 (K) (i) For calendar quarters ending on or after September 30, 2019, 2107 the commissioner shall deposit into the regional planning incentive 2108 account, established pursuant to section 4-66k, six and seven-tenths per 2109 cent of the amounts received by the state from the tax imposed under 2110 subparagraph (B) of this subdivision and ten and seven-tenths per cent 2111 of the amounts received by the state from the tax imposed under 2112 subparagraph (G) of this subdivision; 2113 (ii) For calendar quarters ending on or after September 30, 2018, the 2114 commissioner shall deposit into the Tourism Fund established under 2115 section 10-395b ten per cent of the amounts received by the state from 2116 the tax imposed under subparagraph (B) of this subdivision; 2117 (L) For calendar months commencing on or after July 1, 2021, the 2118 commissioner shall deposit into the municipal revenue sharing account 2119 established pursuant to section 4-66l seven and nine-tenths per cent of 2120 the amounts received by the state from the tax imposed under 2121 subparagraph (A) of this subdivision; [and] 2122 (M) (i) For calendar months commencing on or after July 1, 2017, the 2123 commissioner shall deposit into the Special Transportation Fund 2124 established under section 13b-68 seven and nine-tenths per cent of the 2125 amounts received by the state from the tax imposed under 2126 subparagraph (A) of this subdivision; 2127 (ii) For calendar months commencing on or after July 1, 2018, but 2128 prior to July 1, 2019, the commissioner shall deposit into the Special 2129 Transportation Fund established under section 13b-68 eight per cent of 2130 the amounts received by the state from the tax imposed under 2131 subparagraphs (A) and (H) of this subdivision on the sale of a motor 2132 vehicle; 2133 (iii) For calendar months commencing on or after July 1, 2019, but 2134 prior to July 1, 2020, the commissioner shall deposit into the Special 2135 Transportation Fund established under section 13b-68 seventeen per 2136 cent of the amounts received by the state from the tax imposed under 2137 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 80 of 99 subparagraphs (A) and (H) of this subdivision on the sale of a motor 2138 vehicle; 2139 (iv) For calendar months commencing on or after July 1, 2020, but 2140 prior to July 1, 2021, the commissioner shall deposit into the Special 2141 Transportation Fund established under section 13b-68 twenty-five per 2142 cent of the amounts received by the state from the tax imposed under 2143 subparagraphs (A) and (H) of this subdivision on the sale of a motor 2144 vehicle; 2145 (v) For calendar months commencing on or after July 1, 2021, but 2146 prior to July 1, 2022, the commissioner shall deposit into the Special 2147 Transportation Fund established under section 13b-68 seventy-five per 2148 cent of the amounts received by the state from the tax imposed under 2149 subparagraphs (A) and (H) of this subdivision on the sale of a motor 2150 vehicle; and 2151 (vi) For calendar months commencing on or after July 1, 2022, the 2152 commissioner shall deposit into the Special Transportation Fund 2153 established under section 13b-68 one hundred per cent of the amounts 2154 received by the state from the tax imposed under subparagraphs (A) 2155 and (H) of this subdivision on the sale of a motor vehicle; and 2156 (N) For calendar months commencing on or after July 1, 2023, the 2157 commissioner shall deposit the following percentages of the amounts 2158 received by the state from the tax imposed under subparagraph (I) of 2159 this subdivision: (i) Fifty per cent into the municipal host grants account 2160 established under section 18 of this act; (ii) twenty-five per cent into the 2161 arts, culture and tourism account established under section 19 of this 2162 act; and (iii) twenty-five per cent into the municipal needs capacity 2163 account established under section 20 of this act. 2164 Sec. 17. Subdivision (1) of section 12-411 of the general statutes is 2165 repealed and the following is substituted in lieu thereof (Effective July 1, 2166 2023, and applicable to sales occurring on or after July 1, 2023): 2167 (1) (A) An excise tax is hereby imposed on the storage, acceptance, 2168 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 81 of 99 consumption or any other use in this state of tangible personal property 2169 purchased from any retailer for storage, acceptance, consumption or any 2170 other use in this state, the acceptance or receipt of any services 2171 constituting a sale in accordance with subdivision (2) of subsection (a) 2172 of section 12-407, purchased from any retailer for consumption or use in 2173 this state, or the storage, acceptance, consumption or any other use in 2174 this state of tangible personal property which has been manufactured, 2175 fabricated, assembled or processed from materials by a person, either 2176 within or without this state, for storage, acceptance, consumption or any 2177 other use by such person in this state, to be measured by the sales price 2178 of materials, at the rate of six and thirty-five-hundredths per cent of the 2179 sales price of such property or services, except, in lieu of said rate: 2180 (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or lodging 2181 house for the first period not exceeding thirty consecutive calendar 2182 days; 2183 (ii) At a rate of eleven per cent of the rent paid to a bed and breakfast 2184 establishment for the first period not exceeding thirty consecutive 2185 calendar days; 2186 (C) With respect to the storage, acceptance, consumption or use in 2187 this state of a motor vehicle purchased from any retailer for storage, 2188 acceptance, consumption or use in this state by any individual who is a 2189 member of the armed forces of the United States and is on full-time 2190 active duty in Connecticut and who is considered, under 50 App USC 2191 574, a resident of another state, or to any such individual and the spouse 2192 of such individual at a rate of four and one-half per cent of the sales price 2193 of such vehicle, provided such retailer requires and maintains a 2194 declaration by such individual, prescribed as to form by the 2195 commissioner and bearing notice to the effect that false statements made 2196 in such declaration are punishable, or other evidence, satisfactory to the 2197 commissioner, concerning the purchaser's state of residence under 50 2198 App USC 574; 2199 (D) (i) With respect to the acceptance or receipt in this state of labor 2200 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 82 of 99 that is otherwise taxable under subparagraph (C) or (G) of subdivision 2201 (2) of subsection (a) of section 12-407 on existing vessels and repair or 2202 maintenance services on vessels occurring on and after July 1, 1999, such 2203 services shall be exempt from such tax; 2204 (ii) (I) With respect to the storage, acceptance or other use of a vessel 2205 in this state, at the rate of two and ninety-nine-hundredths per cent, 2206 except that such storage, acceptance or other use shall be exempt from 2207 such tax if such vessel is docked in this state for sixty or fewer days in a 2208 calendar year; 2209 (II) With respect to the storage, acceptance or other use of a motor for 2210 a vessel or a trailer used for transporting a vessel in this state, at the rate 2211 of two and ninety-nine-hundredths per cent; 2212 (III) With respect to the storage, acceptance or other use of dyed diesel 2213 fuel, as defined in subsection (d) of section 12-487, exclusively for 2214 marine purposes, at the rate of two and ninety-nine-hundredths per 2215 cent; 2216 (E) (i) With respect to the acceptance or receipt in this state of 2217 computer and data processing services purchased from any retailer for 2218 consumption or use in this state occurring on or after July 1, 2001, at the 2219 rate of one per cent of such services, and (ii) with respect to the 2220 acceptance or receipt in this state of Internet access services, on and after 2221 July 1, 2001, such services shall be exempt from such tax; 2222 (F) With respect to the acceptance or receipt in this state of patient 2223 care services purchased from any retailer for consumption or use in this 2224 state for which payment is received by the hospital on or after July 1, 2225 1999, and prior to July 1, 2001, at the rate of five and three-fourths per 2226 cent and on and after July 1, 2001, such services shall be exempt from 2227 such tax; 2228 (G) With respect to the rental or leasing of a passenger motor vehicle 2229 for a period of thirty consecutive calendar days or less, at a rate of nine 2230 and thirty-five-hundredths per cent; 2231 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 83 of 99 (H) With respect to the acceptance or receipt in this state of (i) a motor 2232 vehicle for a sales price exceeding fifty thousand dollars, at a rate of 2233 seven and three-fourths per cent on the entire sales price, (ii) jewelry, 2234 whether real or imitation, for a sales price exceeding five thousand 2235 dollars, at a rate of seven and three-fourths per cent on the entire sales 2236 price, and (iii) an article of clothing or footwear intended to be worn on 2237 or about the human body, a handbag, luggage, umbrella, wallet or 2238 watch for a sales price exceeding one thousand dollars, at a rate of seven 2239 and three-fourths per cent on the entire sales price. For purposes of this 2240 subparagraph, "motor vehicle" has the meaning provided in section 14-2241 1, but does not include a motor vehicle subject to the provisions of 2242 subparagraph (C) of this subdivision, a motor vehicle having a gross 2243 vehicle weight rating over twelve thousand five hundred pounds, or a 2244 motor vehicle having a gross vehicle weight rating of twelve thousand 2245 five hundred pounds or less that is not used for private passenger 2246 purposes, but is designed or used to transport merchandise, freight or 2247 persons in connection with any business enterprise and issued a 2248 commercial registration or more specific type of registration by the 2249 Department of Motor Vehicles; 2250 (I) With respect to the acceptance or receipt in this state of meals, as 2251 defined in subdivision (13) of section 12-412, sold by an eating 2252 establishment, caterer or grocery store; and spirituous, malt or vinous 2253 liquors, soft drinks, sodas or beverages such as are ordinarily dispensed 2254 at bars and soda fountains, or in connection therewith; in addition to the 2255 tax imposed under subparagraph (A) of this subdivision, at the rate of 2256 one per cent; 2257 (J) (i) For calendar quarters ending on or after September 30, 2019, the 2258 commissioner shall deposit into the regional planning incentive 2259 account, established pursuant to section 4-66k, six and seven-tenths per 2260 cent of the amounts received by the state from the tax imposed under 2261 subparagraph (B) of this subdivision and ten and seven-tenths per cent 2262 of the amounts received by the state from the tax imposed under 2263 subparagraph (G) of this subdivision; 2264 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 84 of 99 (ii) For calendar quarters ending on or after September 30, 2018, the 2265 commissioner shall deposit into the Tourism Fund established under 2266 section 10-395b ten per cent of the amounts received by the state from 2267 the tax imposed under subparagraph (B) of this subdivision; 2268 (K) For calendar months commencing on or after July 1, 2021, the 2269 commissioner shall deposit into said municipal revenue sharing account 2270 seven and nine-tenths per cent of the amounts received by the state from 2271 the tax imposed under subparagraph (A) of this subdivision; [and] 2272 (L) (i) For calendar months commencing on or after July 1, 2017, the 2273 commissioner shall deposit into said Special Transportation Fund seven 2274 and nine-tenths per cent of the amounts received by the state from the 2275 tax imposed under subparagraph (A) of this subdivision; 2276 (ii) For calendar months commencing on or after July 1, 2018, but 2277 prior to July 1, 2019, the commissioner shall deposit into the Special 2278 Transportation Fund established under section 13b-68 eight per cent of 2279 the amounts received by the state from the tax imposed under 2280 subparagraphs (A) and (H) of this subdivision on the acceptance or 2281 receipt in this state of a motor vehicle; 2282 (iii) For calendar months commencing on or after July 1, 2019, but 2283 prior to July 1, 2020, the commissioner shall deposit into the Special 2284 Transportation Fund established under section 13b-68 seventeen per 2285 cent of the amounts received by the state from the tax imposed under 2286 subparagraphs (A) and (H) of this subdivision on the acceptance or 2287 receipt in this state of a motor vehicle; 2288 (iv) For calendar months commencing on or after July 1, 2020, but 2289 prior to July 1, 2021, the commissioner shall deposit into the Special 2290 Transportation Fund established under section 13b-68 twenty-five per 2291 cent of the amounts received by the state from the tax imposed under 2292 subparagraphs (A) and (H) of this subdivision on the acceptance or 2293 receipt in this state of a motor vehicle; 2294 (v) For calendar months commencing on or after July 1, 2021, but 2295 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 85 of 99 prior to July 1, 2022, the commissioner shall deposit into the Special 2296 Transportation Fund established under section 13b-68 seventy-five per 2297 cent of the amounts received by the state from the tax imposed under 2298 subparagraphs (A) and (H) of this subdivision on the acceptance or 2299 receipt in this state of a motor vehicle; and 2300 (vi) For calendar months commencing on or after July 1, 2022, the 2301 commissioner shall deposit into the Special Transportation Fund 2302 established under section 13b-68 one hundred per cent of the amounts 2303 received by the state from the tax imposed under subparagraphs (A) 2304 and (H) of this subdivision on the acceptance or receipt in this state of a 2305 motor vehicle; and 2306 (M) For calendar months commencing on or after July 1, 2023, the 2307 commissioner shall deposit the following percentages of the amount 2308 received by the state from the tax imposed under subparagraph (I) of 2309 this subdivision: (i) Fifty per cent into the municipal host grants account 2310 established under section 18 of this act; (ii) twenty-five per cent into the 2311 arts, culture and tourism account established under section 19 of this 2312 act; and (iii) twenty-five per cent into the municipal needs capacity 2313 account established under section 20 of this act. 2314 Sec. 18. (NEW) (Effective July 1, 2023) There is established an account 2315 to be known as the "municipal host grants account" which shall be a 2316 separate, nonlapsing account within the General Fund. The account 2317 shall contain any moneys required by law to be deposited in the account. 2318 Moneys in the account shall be expended by the Office of Policy and 2319 Management for the purpose of distributing funds to municipalities in 2320 which businesses that have remitted the tax under subparagraph (I) of 2321 subdivision (1) of section 12-408 of the general statutes, as amended by 2322 this act, and subparagraph (I) of subdivision (1) of section 12-411 of the 2323 general statutes, as amended by this act, are located. 2324 Sec. 19. (NEW) (Effective July 1, 2023) There is established an account 2325 to be known as the "arts, culture and tourism account" which shall be a 2326 separate, nonlapsing account within the General Fund. The account 2327 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 86 of 99 shall contain any moneys required by law to be deposited in the account. 2328 Moneys in the account shall be expended by the Department of 2329 Economic and Community Development for the purpose of providing 2330 arts, culture and tourism grants in accordance with the department's 2331 duties under chapter 184b of the general statutes. 2332 Sec. 20. (NEW) (Effective July 1, 2023) There is established an account 2333 to be known as the "municipal needs capacity account" which shall be a 2334 separate, nonlapsing account within the General Fund. The account 2335 shall contain any moneys required by law to be deposited in the account. 2336 Moneys in the account shall be expended by the Office of Policy and 2337 Management for the purpose of distributing funds to municipalities 2338 according to each municipality's municipal needs capacity gap metric, 2339 as calculated by the Secretary of the Office of Policy and Management 2340 in accordance with the methodologies used in the May, 2015 New 2341 England Public Policy Center Research Report 15-1. 2342 Sec. 21. (NEW) (Effective from passage) (a) Commencing July 1, 2023, 2343 the Commissioner of Revenue Services shall track and record the source 2344 of the revenue received by the state each fiscal year from the tax 2345 imposed under chapters 208, 219 and 229 of the general statutes, for the 2346 purpose of accurately and fairly attributing to each municipality 2347 revenue received from each such tax. The commissioner shall determine 2348 the sourcing method for the revenue from the tax imposed under 2349 chapters 208 and 219 of the general statutes, provided such revenue is 2350 sourced to each municipality in which the taxpayer has an office or 2351 facility in the state. The revenue from the tax imposed under chapter 229 2352 of the general statutes shall be sourced to the municipality in which the 2353 employer's office or facility is located, for the employees who work 2354 primarily at such location. Taxpayers paying a tax specified in this 2355 subsection shall provide disaggregated information and such other data 2356 the commissioner requests to carry out the provisions of this section. On 2357 or before June 30, 2024, and annually thereafter, the commissioner shall 2358 post on the Department of Revenue Service's Internet web site a list of 2359 all municipalities and the amount of revenue from each such tax 2360 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 87 of 99 attributed to the municipality for the applicable fiscal year. 2361 (b) (1) Prior to July 1, 2023, and annually thereafter, the Secretary of 2362 the Office of Policy and Management shall calculate, based on the 2363 statement of estimated revenue supplied by the joint standing 2364 committee of the General Assembly having cognizance of matters 2365 relating to state finance, revenue and bonding pursuant to subsection 2366 (b) of section 2-35 of the general statutes, growth rate projections on a 2367 municipal basis for each tax specified in subsection (a) of this section. 2368 (2) On or before January 1, 2024, and annually thereafter, the 2369 secretary shall calculate and post on the Office of Policy and 2370 Management's Internet web site a municipal needs capacity gap metric 2371 for each municipality. Such metric shall be calculated in accordance with 2372 the methodologies used in the May, 2015 New England Public Policy 2373 Center Research Report 15-1. 2374 (c) There is established an account to be known as the "municipal tax 2375 revenue account" which shall be a separate, nonlapsing account within 2376 the General Fund. The account shall contain any moneys required by 2377 law to be deposited in the account. Moneys in the account shall be 2378 expended by the Secretary of the Office of Policy and Management for 2379 the purposes of this section. 2380 (d) Commencing with the fiscal year ending June 30, 2025, and each 2381 fiscal year thereafter, the Comptroller shall transfer from the General 2382 Fund to the municipal tax revenue account, established under 2383 subsection (c) of this section, any amount of each tax set forth in 2384 subsection (a) of this section that exceeds the projected growth rate 2385 calculated for such tax pursuant to subdivision (1) of subsection (b) of 2386 this section. 2387 (e) (1) When the amount in the municipal tax revenue account reaches 2388 forty million dollars, the Secretary of the Office of Policy and 2389 Management shall commence disbursing grants to municipalities on an 2390 annual basis in accordance with the provisions of this subsection, 2391 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 88 of 99 provided the balance in the account may not fall below twenty million 2392 dollars. 2393 (2) The secretary shall calculate, for each municipality for which the 2394 Commissioner of Revenue Services has attributed tax revenue under 2395 subsection (a) of this section, the portion of the excess revenue deposited 2396 in the account from each tax that is attributable to such municipality. 2397 Each such municipality shall receive a grant of sixty per cent of such 2398 portion. 2399 (3) If any funds in the account remain available for disbursement after 2400 the grants under subdivision (2) of this subsection have been paid for 2401 the fiscal year, the Secretary of the Office of Policy and Management 2402 shall distribute additional grants proportionately to municipalities for 2403 which the secretary has calculated a positive gap metric under 2404 subdivision (2) of subsection (b) of this section. 2405 Sec. 22. (Effective from passage) (a) For each of the fiscal years ending 2406 June 30, 2023, and June 30, 2024, up to three hundred million dollars of 2407 the resources of the General Fund that exceed the statement of estimated 2408 revenue supplied by the joint standing committee of the General 2409 Assembly having cognizance of matters relating to state finance, 2410 revenue and bonding pursuant to subsection (b) of section 2-35 of the 2411 general statutes shall be transferred to the supplemental grants in lieu 2412 of taxes account established under subsection (b) of this section. 2413 (b) There is established an account to be known as the "supplemental 2414 grants in lieu of taxes account" which shall be a separate, nonlapsing 2415 account within the General Fund. The account shall contain any moneys 2416 required by law to be deposited in the account. Moneys in the account 2417 shall be expended by the Secretary of the Office of Policy and 2418 Management for the purposes of paying the grants under section 12-18b 2419 of the general statutes. 2420 Sec. 23. Subdivision (4) of subsection (a) of section 12-217 of the 2421 general statutes is repealed and the following is substituted in lieu 2422 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 89 of 99 thereof (Effective October 1, 2023): 2423 (4) Notwithstanding any provision of this section: [to the contrary,] 2424 (A) [any] Any excess of the deductions provided in this section for 2425 any income year commencing on or after January 1, 1973, over the gross 2426 income for such year or the amount of such excess apportioned to this 2427 state under the provisions of this chapter, shall be an operating loss of 2428 such income year and shall be deductible as an operating loss carry-over 2429 for operating losses incurred prior to income years commencing January 2430 1, 2000, in each of the five income years following such loss year; [, and] 2431 for operating losses incurred in income years commencing on or after 2432 January 1, 2000, and prior to January 1, 2015, in each of the twenty 2433 income years following such loss year; [,] and for operating losses 2434 incurred in income years commencing on or after January 1, 2015, in 2435 each of the thirty income years following such loss year; except that: 2436 (i) [for] For income years commencing prior to January 1, 2015, the 2437 portion of such operating loss [which] that may be deducted as an 2438 operating loss carry-over in any income year following such loss year 2439 shall be limited to the lesser of (I) any net income greater than zero of 2440 such income year following such loss year, or in the case of a company 2441 entitled to apportion its net income under the provisions of this chapter, 2442 the amount of such net income [which] that is apportioned to this state 2443 pursuant thereto, or (II) the excess, if any, of such operating loss over 2444 the total of such net income for each of any prior income years following 2445 such loss year, such net income of each of such prior income years 2446 following such loss year for such purposes being computed without 2447 regard to any operating loss carry-over from such loss year allowed 2448 under this subparagraph and being regarded as not less than zero, and 2449 provided further the operating loss of any income year shall be 2450 deducted in any subsequent year, to the extent available for such 2451 deduction, before the operating loss of any subsequent income year is 2452 deducted; [,] 2453 (ii) [for] For income years commencing on or after January 1, 2015, 2454 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 90 of 99 the portion of such operating loss [which] that may be deducted as an 2455 operating loss carry-over in any income year following such loss year 2456 shall be limited to the lesser of (I) fifty per cent of net income of such 2457 income year following such loss year, or in the case of a company 2458 entitled to apportion its net income under the provisions of this chapter, 2459 fifty per cent of such net income [which] that is apportioned to this state 2460 pursuant thereto, or (II) the excess, if any, of such operating loss over 2461 the operating loss deductions allowable with respect to such operating 2462 loss under this subparagraph for each of any prior income years 2463 following such loss year, such net income of each of such prior income 2464 years following such loss year for such purposes being computed 2465 without regard to any operating loss carry-over from such loss year 2466 allowed under this subparagraph and being regarded as not less than 2467 zero, and provided further the operating loss of any income year shall 2468 be deducted in any subsequent year, to the extent available for such 2469 deduction, before the operating loss of any subsequent income year is 2470 deducted; [,] and 2471 (iii) [if] If a combined group so elects, the combined group shall 2472 relinquish fifty per cent of its unused operating losses incurred prior to 2473 the income year commencing on or after January 1, 2015, and before 2474 January 1, 2016, and may utilize the remaining operating loss carry-over 2475 without regard to the limitations prescribed in subparagraph (A)(ii) of 2476 this subdivision. The portion of such operating loss carry-over that may 2477 be deducted shall be limited to the amount required to reduce a 2478 combined group's tax under this chapter, prior to surtax and prior to the 2479 application of credits, to two million five hundred thousand dollars in 2480 any income year commencing on or after January 1, 2015. Only after the 2481 combined group's remaining operating loss carry-over for operating 2482 losses incurred prior to income years commencing January 1, 2015, has 2483 been fully utilized, will the limitations prescribed in subparagraph 2484 (A)(ii) of this subdivision apply. The combined group, or any member 2485 thereof, shall make such election on its return for the income year 2486 beginning on or after January 1, 2015, and before January 1, 2016, by the 2487 due date for such return, including any extensions. Only combined 2488 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 91 of 99 groups with unused operating losses in excess of six billion dollars from 2489 income years beginning prior to January 1, 2013, may make the election 2490 prescribed in this clause; [,] and 2491 (B) [any] Any net capital loss, as defined in the Internal Revenue Code 2492 effective and in force on the last day of the income year, for any income 2493 year commencing on or after January 1, 1973, shall be allowed as a 2494 capital loss carry-over to reduce, but not below zero, any net capital 2495 gain, as so defined, in each of the five following income years, in order 2496 of sequence, to the extent not exhausted by the net capital gain of any of 2497 the preceding of such five following income years; [,] and 2498 (C) [any] Any net capital losses allowed and carried forward from 2499 prior years to income years beginning on or after January 1, 1973, for 2500 federal income tax purposes by companies entitled to a deduction for 2501 dividends paid under the Internal Revenue Code other than companies 2502 subject to the gross earnings taxes imposed under chapters 211 and 212, 2503 shall be allowed as a capital loss carry-over. 2504 Sec. 24. Section 12-217w of the general statutes is repealed and the 2505 following is substituted in lieu thereof (Effective January 1, 2024): 2506 (a) For purposes of this section: [, "fixed capital"] 2507 (1) "Fixed capital" means tangible personal property [which (1)] that 2508 (A) has a class life, in years, of more than four years, as described in 2509 Section 168(e) of the Internal Revenue Code of 1986, or any subsequent 2510 corresponding internal revenue code of the United States, as amended 2511 from time to time, [amended, (2)] (B) is acquired by purchase from a 2512 person other than a related person, [(3)] (C) is not acquired to be leased, 2513 and is not leased, to another person or persons during the twelve full 2514 months following its acquisition, and [(4)] (D) will be held and used in 2515 this state by (i) for purposes of subdivision (1) of subsection (b) of this 2516 section, a corporation in the ordinary course of the corporation's trade 2517 or business in this state for not less than five full years following its 2518 acquisition, or (ii) for purposes of subdivision (2) of subsection (b) of this 2519 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 92 of 99 section, a limited liability company in the ordinary course of the limited 2520 liability company's trade or business in this state for not less than five 2521 full years following its acquisition. "Fixed capital" does not include 2522 inventory, land, buildings or structures [,] or mobile transportation 2523 property; [. With] 2524 (2) "Related person" means, with respect to a corporation claiming a 2525 credit under this section, [a "related person" means] (A) a corporation, 2526 partnership, association or trust controlled by such corporation, [;] (B) 2527 an individual, corporation, partnership, association or trust that is in 2528 control of such corporation, [;] (C) a corporation, partnership, 2529 association or trust controlled by an individual, corporation, 2530 partnership, association or trust that is in control of such corporation, [;] 2531 or (D) a member of the same controlled group as such corporation; [. For 2532 purposes of this section, "control",] 2533 (3) "Control" means (A) with respect to a corporation, [means] 2534 ownership, directly or indirectly, of stock possessing fifty per cent or 2535 more of the total combined voting power of all classes of the stock of 2536 such corporation entitled to vote, [;] or (B) with respect to a trust, 2537 [means] ownership, directly or indirectly, of fifty per cent or more of the 2538 beneficial interest in the principal or income of such trust. The 2539 ownership of stock in a corporation, of a capital or profits interest in a 2540 partnership or association or of a beneficial interest in a trust shall be 2541 determined in accordance with the rules for constructive ownership of 2542 stock provided in Section 267(c) of the Internal Revenue Code of 1986, 2543 or any subsequent corresponding internal revenue code of the United 2544 States, as amended from time to time, [amended,] other than paragraph 2545 (3) of [such] said section. 2546 (b) (1) There shall be allowed a credit for any corporation against the 2547 tax imposed under this chapter in an amount paid or incurred by such 2548 corporation for any new fixed capital investment during the income 2549 year in which such fixed capital is acquired as follows: For any income 2550 year commencing on or after [January 1, 1998, and prior to January 1, 2551 1999, equal to three per cent of such amount paid or incurred by the 2552 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 93 of 99 corporation during such income year; for any income year commencing 2553 on or after] January 1, 1999, and prior to January 1, 2000, equal to four 2554 per cent of such amount paid or incurred by the corporation during such 2555 income year; and for any income year commencing on or after January 2556 1, 2000, equal to five per cent of such amount paid or incurred by the 2557 corporation during such income year. 2558 (2) There shall be allowed an additional credit against the tax 2559 imposed under this chapter for any corporation that owns at least eighty 2560 per cent, directly or indirectly, of a limited liability company that is, for 2561 federal income tax purposes, treated as a partnership or disregarded as 2562 an entity separate from its owner, in an amount paid or incurred by such 2563 limited liability company for any new fixed capital investment during 2564 the income year in which such fixed capital is acquired as follows: For 2565 any income year commencing on or after January 1, 2024, equal to five 2566 per cent of such amount paid or incurred by the limited liability 2567 company. 2568 (c) The total amount of [such credit] the credits allowed to any 2569 corporation under this section shall not exceed the amount of tax due 2570 from such corporation under this chapter with respect to such income 2571 year. 2572 (d) No corporation claiming [the] a credit under this section and no 2573 limited liability for which a corporation is claiming a credit under this 2574 section, with respect to the acquisition of fixed capital, [as defined in 2575 subsection (a) of this section,] may claim a credit against any tax under 2576 any other provision of the general statutes with respect to the same 2577 acquisition. 2578 (e) Any tax credit not used in the income year during which the 2579 acquisition was made may be carried forward for the five immediately 2580 succeeding income years until the full credit has been allowed. 2581 (f) If the fixed capital on account of which a corporation has claimed 2582 the credit allowed by this section is not held and used in this state in the 2583 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 94 of 99 ordinary course of the corporation's trade or business in this state for 2584 three full years following its acquisition as provided in subsection (a) of 2585 this section, the corporation shall recapture one hundred per cent of the 2586 amount of the credit allowed under this section on its corporation 2587 business tax return required to be filed for the income year immediately 2588 succeeding the income year during which such three-year period 2589 expires. If the fixed capital on account of which a corporation has 2590 claimed the credit allowed by this section is not held and used in this 2591 state in the ordinary course of the corporation's trade or business in this 2592 state for five full years following its acquisition as provided in 2593 subsection (a) of this section, the corporation shall recapture fifty per 2594 cent of the amount of the credit allowed under this section on its 2595 corporation business tax return required to be filed for the income year 2596 immediately succeeding the income year during which such five-year 2597 period expires. The provisions of this subsection shall not apply if the 2598 property that is the subject of the credit under this section is replaced. If 2599 any amount of credit required to be recaptured has not been paid to the 2600 commissioner on or before the first day of the fourth month next 2601 succeeding the end of the income year immediately succeeding the 2602 income year during which the three-year or five-year period, as the case 2603 may be, expires, such amount shall bear interest at the rate of one per 2604 cent per month or fraction thereof from such date to the date of 2605 payment. 2606 Sec. 25. (NEW) (Effective July 1, 2023) (a) The Commissioner of 2607 Revenue Services shall annually: 2608 (1) Estimate the state tax gap and develop an overall strategy to 2609 promote compliance and discourage tax avoidance. Such estimate shall 2610 include an analysis of income distribution and population distribution 2611 expressed for (A) every ten percentage points, (B) the top five per cent 2612 of all income taxpayers, (C) the top one per cent of all income taxpayers, 2613 and (D) the top one-half of one per cent of all income taxpayers. As used 2614 in this section, "tax gap" means the difference between taxes owed under 2615 full compliance with all state tax laws and the state taxes voluntarily 2616 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 95 of 99 paid, where such difference may be due to a failure to file taxes, 2617 underreporting of tax liability or not paying all taxes owing; 2618 (2) Evaluate the specific staffing needs of the Department of Revenue 2619 Services to implement such overall strategy and reduce the state tax gap 2620 and determine the progress made, if any, towards filling such staffing 2621 needs; and 2622 (3) Conduct (A) a cost benefit analysis of each major tax compliance 2623 initiative undertaken by the department in the preceding fiscal year, 2624 including tax amnesty programs, and (B) an analysis of audit rates, by 2625 income level, undertaken by the department in the preceding fiscal year. 2626 (b) On or before December 15, 2023, and annually thereafter, the 2627 commissioner shall submit a report, in accordance with the provisions 2628 of section 11-4a of the general statutes, to the joint standing committee 2629 of the General Assembly having cognizance of matters relating to 2630 finance, revenue and bonding and appropriations. Such report shall be 2631 posted on the Department of Revenue Service's Internet web site and 2632 shall include (1) the tax gap estimate and analysis and the compliance 2633 strategy developed under subdivision (1) of subsection (a) of this section 2634 and any information supporting the amount of the tax gap estimate, (2) 2635 a summary of the evaluation and determination of the department's 2636 staffing needs under subdivision (2) of subsection (a) of this section, and 2637 (3) the findings of the analyses conducted under subdivision (3) of 2638 subsection (a) of this section. 2639 (c) On or before July 1, 2024, the commissioner shall publish a 2640 strategic plan that includes the department's mission, measurable goals 2641 that define how the mission is to be accomplished, specific strategies to 2642 achieve the goals and a timetable to measure progress toward achieving 2643 those goals. Such plan shall be posted on the department's Internet web 2644 site and updated annually. 2645 Sec. 26. Section 12-7c of the general statutes is repealed and the 2646 following is substituted in lieu thereof (Effective July 1, 2023): 2647 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 96 of 99 (a) The Commissioner of Revenue Services shall, on or before 2648 December 15, 2023, and biennially thereafter, submit to the joint 2649 standing committee of the General Assembly having cognizance of 2650 matters relating to finance, revenue and bonding, and post on the 2651 department's Internet web site a report on the overall incidence of the 2652 personal income tax, the affected business entity tax, sales and excise 2653 taxes, the corporation business tax, [and] property tax and any other tax 2654 that generated at least one hundred million dollars in the most recent 2655 fiscal year prior to the submission of each report, for each of the most 2656 recent ten tax years for which complete data are available. 2657 (1) The report shall include incidence projections for each such tax 2658 and shall present information on the distribution of the tax burden as 2659 follows: 2660 [(1)] (A) For individuals: 2661 [(A)] (i) Income classes, including income distribution and 2662 population distribution expressed for [(i)] (I) every ten percentage 2663 points, [(ii)] (II) the top five per cent of all income taxpayers, [and (iii)] 2664 (III) the top one per cent of all income taxpayers, [;] and (IV) the top one-2665 half of one per cent of all income taxpayers; 2666 (ii) For each income class, the percentage of taxpayers who (I) are 2667 homeowners, (II) are single, (III) are married, (IV) are seniors, or (V) 2668 have children; 2669 (iii) For each income class, the average market value of a home and 2670 the average monthly rent; 2671 (iv) Effective tax rates by population distribution expressed as state 2672 taxes compared to local taxes; 2673 (v) Effective tax rates by population distribution expressed as taxes 2674 imposed on businesses compared to taxes imposed on individuals; and 2675 [(B)] (vi) Other appropriate taxpayer characteristics, as determined 2676 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 97 of 99 by said commissioner. 2677 [(2)] (B) For businesses: 2678 [(A)] (i) Business size as established by gross receipts; 2679 [(B)] (ii) Legal organization; and 2680 [(C)] (iii) Industry by NAICS code. 2681 (2) In addition to the information required under subdivision (1) of 2682 this subsection, the report shall include the following: 2683 (A) For the personal income tax, information on the distribution of 2684 the property tax credit under section 12-704c, the earned income tax 2685 credit under section 12-704e, as amended by this act, the affected 2686 business entity tax credit under section 12-699 and any other credit 2687 against the personal income tax that resulted in a revenue loss to the 2688 state of at least twenty-five million dollars in the most recent fiscal year 2689 prior to the submission of each report; 2690 (B) For property tax, information on the distribution of residential 2691 and commercial property and for residential property, the distribution 2692 of homeowners and renters; and 2693 (C) For any other tax other than the personal income tax or property 2694 tax that generated at least one hundred million dollars in the most recent 2695 fiscal year prior to the submission of each report, information on the 2696 distribution of any credit against such tax that resulted in a revenue loss 2697 to the state of at least twenty-five million dollars in the most recent fiscal 2698 year prior to the submission of each report. 2699 (b) The Commissioner of Revenue Services may enter into a contract 2700 with any public or private entity for the purpose of preparing the report 2701 required pursuant to subsection (a) of this section, provided, if the 2702 commissioner enters into such contract, the commissioner shall include 2703 in such report the resources that the commissioner deems necessary to 2704 Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 98 of 99 allow the Department of Revenue Services to prepare such report in-2705 house. 2706 Sec. 27. Section 453 of public act 21-2 of the June special session, as 2707 amended by section 471 of public act 22-118, is repealed. (Effective from 2708 passage) 2709 This act shall take effect as follows and shall amend the following sections: Section 1 from passage and applicable to income years commencing on or after January 1, 2023 12-214(b)(4) Sec. 2 from passage and applicable to income years commencing on or after January 1, 2023 12-219(b)(4) Sec. 3 from passage New section Sec. 4 January 1, 2024 12-217x Sec. 5 from passage 12-704e(a) Sec. 6 January 1, 2024 12-700(a) Sec. 7 from passage and applicable to taxable years commencing on or after January 1, 2023 12-701(a)(20)(B) Sec. 8 from passage and applicable to income years commencing on or after January 1, 2023 12-217 Sec. 9 January 1, 2024 12-217jj Sec. 10 January 1, 2024 32-1m(a) Sec. 11 July 1, 2023 12-217ee Sec. 12 from passage 22a-245a Sec. 13 July 1, 2023, and applicable to sales occurring on or after July 1, 2023 12-407(37)(J) Substitute Bill No. 981 LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB- 00981-R01-SB.docx } 99 of 99 Sec. 14 January 1, 2024, and applicable to income years commencing on or after January 1, 2024 12-217g(c) Sec. 15 January 1, 2024 31-22r Sec. 16 July 1, 2023, and applicable to sales occurring on or after July 1, 2023 12-408(1) Sec. 17 July 1, 2023, and applicable to sales occurring on or after July 1, 2023 12-411(1) Sec. 18 July 1, 2023 New section Sec. 19 July 1, 2023 New section Sec. 20 July 1, 2023 New section Sec. 21 from passage New section Sec. 22 from passage New section Sec. 23 October 1, 2023 12-217(a)(4) Sec. 24 January 1, 2024 12-217w Sec. 25 July 1, 2023 New section Sec. 26 July 1, 2023 12-7c Sec. 27 from passage Repealer section FIN Joint Favorable Subst.