LCO No. 1990 1 of 12 General Assembly Raised Bill No. 269 February Session, 2024 LCO No. 1990 Referred to Committee on HOUSING Introduced by: (HSG) AN ACT REDUCING THE SALES AND USE TAXES FOR CERTAIN GOODS USED IN NEW HOUSING CONSTRUCTION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (1) of section 12-408 of the 2024 supplement to 1 the general statutes is repealed and the following is substituted in lieu 2 thereof (Effective July 1, 2024, and applicable to sales occurring on or after 3 July 1, 2024): 4 (1) (A) For the privilege of making any sales, as defined in 5 subdivision (2) of subsection (a) of section 12-407, at retail, in this state 6 for a consideration, a tax is hereby imposed on all retailers at the rate of 7 six and thirty-five-hundredths per cent of the gross receipts of any 8 retailer from the sale of all tangible personal property sold at retail or 9 from the rendering of any services constituting a sale in accordance with 10 subdivision (2) of subsection (a) of section 12-407, except, in lieu of said 11 rate, the rates provided in subparagraphs (B) to (I), inclusive, of this 12 subdivision; 13 (B) (i) At a rate of fifteen per cent with respect to each transfer of 14 occupancy, from the total amount of rent received by a hotel or lodging 15 Raised Bill No. 269 LCO No. 1990 2 of 12 house for the first period not exceeding thirty consecutive calendar 16 days; 17 (ii) At a rate of eleven per cent with respect to each transfer of 18 occupancy, from the total amount of rent received by a bed and 19 breakfast establishment for the first period not exceeding thirty 20 consecutive calendar days; 21 (C) With respect to the sale of a motor vehicle to any individual who 22 is a member of the armed forces of the United States and is on full-time 23 active duty in Connecticut and who is considered, under 50 App USC 24 574, a resident of another state, or to any such individual and the spouse 25 thereof, at a rate of four and one-half per cent of the gross receipts of any 26 retailer from such sales, provided such retailer requires and maintains a 27 declaration by such individual, prescribed as to form by the 28 commissioner and bearing notice to the effect that false statements made 29 in such declaration are punishable, or other evidence, satisfactory to the 30 commissioner, concerning the purchaser's state of residence under 50 31 App USC 574; 32 (D) (i) With respect to the sales of computer and data processing 33 services occurring on or after July 1, 2001, at the rate of one per cent, and 34 (ii) with respect to sales of Internet access services, on and after July 1, 35 2001, such services shall be exempt from such tax; 36 (E) (i) With respect to the sales of labor that is otherwise taxable under 37 subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 38 12-407 on existing vessels and repair or maintenance services on vessels 39 occurring on and after July 1, 1999, such services shall be exempt from 40 such tax; 41 (ii) With respect to the sale of a vessel, a motor for a vessel or a trailer 42 used for transporting a vessel, at the rate of two and ninety-nine-43 hundredths per cent, except that the sale of a vessel shall be exempt from 44 such tax if such vessel is docked in this state for sixty or fewer days in a 45 calendar year; 46 Raised Bill No. 269 LCO No. 1990 3 of 12 (iii) With respect to the sale of dyed diesel fuel, as defined in 47 subsection (d) of section 12-487, sold by a marine fuel dock exclusively 48 for marine purposes, at the rate of two and ninety-nine-hundredths per 49 cent; 50 (F) With respect to patient care services for which payment is 51 received by the hospital on or after July 1, 1999, and prior to July 1, 2001, 52 at the rate of five and three-fourths per cent and on and after July 1, 2001, 53 such services shall be exempt from such tax; 54 (G) With respect to the rental or leasing of a passenger motor vehicle 55 for a period of thirty consecutive calendar days or less, at a rate of nine 56 and thirty-five-hundredths per cent; 57 (H) With respect to the sale of (i) a motor vehicle for a sales price 58 exceeding fifty thousand dollars, at a rate of seven and three-fourths per 59 cent on the entire sales price, (ii) jewelry, whether real or imitation, for 60 a sales price exceeding five thousand dollars, at a rate of seven and 61 three-fourths per cent on the entire sales price, and (iii) an article of 62 clothing or footwear intended to be worn on or about the human body, 63 a handbag, luggage, umbrella, wallet or watch for a sales price 64 exceeding one thousand dollars, at a rate of seven and three-fourths per 65 cent on the entire sales price. For purposes of this subparagraph, "motor 66 vehicle" has the meaning provided in section 14-1, but does not include 67 a motor vehicle subject to the provisions of subparagraph (C) of this 68 subdivision, a motor vehicle having a gross vehicle weight rating over 69 twelve thousand five hundred pounds, or a motor vehicle having a 70 gross vehicle weight rating of twelve thousand five hundred pounds or 71 less that is not used for private passenger purposes, but is designed or 72 used to transport merchandise, freight or persons in connection with 73 any business enterprise and issued a commercial registration or more 74 specific type of registration by the Department of Motor Vehicles; 75 (I) With respect to the sale of meals, as defined in subdivision (13) of 76 section 12-412, sold by an eating establishment, caterer or grocery store; 77 and spirituous, malt or vinous liquors, soft drinks, sodas or beverages 78 Raised Bill No. 269 LCO No. 1990 4 of 12 such as are ordinarily dispensed at bars and soda fountains, or in 79 connection therewith; in addition to the tax imposed under 80 subparagraph (A) of this subdivision, at the rate of one per cent; 81 (J) With respect to the sale of tangible personal property purchased 82 for the construction of a new residential development project, at the rate 83 of three per cent, provided such project contains not fewer than fifty 84 dwelling units of affordable housing, as defined in section 8-39a, except 85 that the provisions of this subparagraph shall not apply to a project that 86 qualifies for an exemption under section 12-412; 87 [(J)] (K) The rate of tax imposed by this chapter shall be applicable to 88 all retail sales upon the effective date of such rate, except that a new rate 89 that represents an increase in the rate applicable to the sale shall not 90 apply to any sales transaction wherein a binding sales contract without 91 an escalator clause has been entered into prior to the effective date of the 92 new rate and delivery is made within ninety days after the effective date 93 of the new rate. For the purposes of payment of the tax imposed under 94 this section, any retailer of services taxable under subdivision (37) of 95 subsection (a) of section 12-407, who computes taxable income, for 96 purposes of taxation under the Internal Revenue Code of 1986, or any 97 subsequent corresponding internal revenue code of the United States, 98 as amended from time to time, on an accounting basis that recognizes 99 only cash or other valuable consideration actually received as income 100 and who is liable for such tax only due to the rendering of such services 101 may make payments related to such tax for the period during which 102 such income is received, without penalty or interest, without regard to 103 when such service is rendered; 104 [(K)] (L) (i) For calendar quarters ending on or after September 30, 105 2019, the commissioner shall deposit into the regional planning 106 incentive account, established pursuant to section 4-66k, six and seven-107 tenths per cent of the amounts received by the state from the tax 108 imposed under subparagraph (B) of this subdivision and ten and seven-109 tenths per cent of the amounts received by the state from the tax 110 imposed under subparagraph (G) of this subdivision; 111 Raised Bill No. 269 LCO No. 1990 5 of 12 (ii) For calendar quarters ending on or after September 30, 2018, the 112 commissioner shall deposit into the Tourism Fund established under 113 section 10-395b ten per cent of the amounts received by the state from 114 the tax imposed under subparagraph (B) of this subdivision; 115 [(L)] (M) (i) For calendar months commencing on or after July 1, 2021, 116 but prior to July 1, 2023, the commissioner shall deposit into the 117 municipal revenue sharing account established pursuant to section 4-66l 118 seven and nine-tenths per cent of the amounts received by the state from 119 the tax imposed under subparagraph (A) of this subdivision, including 120 such amounts received on or after July 1, 2023, attributable to the fiscal 121 year ending June 30, 2023; and 122 (ii) For calendar months commencing on or after July 1, 2023, the 123 commissioner shall deposit into the Municipal Revenue Sharing Fund 124 established pursuant to section 4-66p seven and nine-tenths per cent of 125 the amounts received by the state from the tax imposed under 126 subparagraph (A) of this subdivision; and 127 [(M)] (N) (i) For calendar months commencing on or after July 1, 2017, 128 the commissioner shall deposit into the Special Transportation Fund 129 established under section 13b-68 seven and nine-tenths per cent of the 130 amounts received by the state from the tax impo sed under 131 subparagraph (A) of this subdivision; 132 (ii) For calendar months commencing on or after July 1, 2018, but 133 prior to July 1, 2019, the commissioner shall deposit into the Special 134 Transportation Fund established under section 13b-68 eight per cent of 135 the amounts received by the state from the tax imposed under 136 subparagraphs (A) and (H) of this subdivision on the sale of a motor 137 vehicle; 138 (iii) For calendar months commencing on or after July 1, 2019, but 139 prior to July 1, 2020, the commissioner shall deposit into the Special 140 Transportation Fund established under section 13b-68 seventeen per 141 cent of the amounts received by the state from the tax imposed under 142 subparagraphs (A) and (H) of this subdivision on the sale of a motor 143 Raised Bill No. 269 LCO No. 1990 6 of 12 vehicle; 144 (iv) For calendar months commencing on or after July 1, 2020, but 145 prior to July 1, 2021, the commissioner shall deposit into the Special 146 Transportation Fund established under section 13b-68 twenty-five per 147 cent of the amounts received by the state from the tax imposed under 148 subparagraphs (A) and (H) of this subdivision on the sale of a motor 149 vehicle; 150 (v) For calendar months commencing on or after July 1, 2021, but 151 prior to July 1, 2022, the commissioner shall deposit into the Special 152 Transportation Fund established under section 13b-68 seventy-five per 153 cent of the amounts received by the state from the tax imposed under 154 subparagraphs (A) and (H) of this subdivision on the sale of a motor 155 vehicle; and 156 (vi) For calendar months commencing on or after July 1, 2022, the 157 commissioner shall deposit into the Special Transportation Fund 158 established under section 13b-68 one hundred per cent of the amounts 159 received by the state from the tax imposed under subparagraphs (A) 160 and (H) of this subdivision on the sale of a motor vehicle. 161 Sec. 2. Subdivision (1) of section 12-411 of the 2024 supplement to the 162 general statutes is repealed and the following is substituted in lieu 163 thereof (Effective July 1, 2024, and applicable to sales occurring on or after 164 July 1, 2024): 165 (1) (A) An excise tax is hereby imposed on the storage, acceptance, 166 consumption or any other use in this state of tangible personal property 167 purchased from any retailer for storage, acceptance, consumption or any 168 other use in this state, the acceptance or receipt of any services 169 constituting a sale in accordance with subdivision (2) of subsection (a) 170 of section 12-407, purchased from any retailer for consumption or use in 171 this state, or the storage, acceptance, consumption or any other use in 172 this state of tangible personal property which has been manufactured, 173 fabricated, assembled or processed from materials by a person, either 174 within or without this state, for storage, acceptance, consumption or any 175 Raised Bill No. 269 LCO No. 1990 7 of 12 other use by such person in this state, to be measured by the sales price 176 of materials, at the rate of six and thirty-five-hundredths per cent of the 177 sales price of such property or services, except, in lieu of said rate: 178 (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or lodging 179 house for the first period not exceeding thirty consecutive calendar 180 days; 181 (ii) At a rate of eleven per cent of the rent paid to a bed and breakfast 182 establishment for the first period not exceeding thirty consecutive 183 calendar days; 184 (C) With respect to the storage, acceptance, consumption or use in 185 this state of a motor vehicle purchased from any retailer for storage, 186 acceptance, consumption or use in this state by any individual who is a 187 member of the armed forces of the United States and is on full-time 188 active duty in Connecticut and who is considered, under 50 App USC 189 574, a resident of another state, or to any such individual and the spouse 190 of such individual at a rate of four and one-half per cent of the sales price 191 of such vehicle, provided such retailer requires and maintains a 192 declaration by such individual, prescribed as to form by the 193 commissioner and bearing notice to the effect that false statements made 194 in such declaration are punishable, or other evidence, satisfactory to the 195 commissioner, concerning the purchaser's state of residence under 50 196 App USC 574; 197 (D) (i) With respect to the acceptance or receipt in this state of labor 198 that is otherwise taxable under subparagraph (C) or (G) of subdivision 199 (2) of subsection (a) of section 12-407 on existing vessels and repair or 200 maintenance services on vessels occurring on and after July 1, 1999, such 201 services shall be exempt from such tax; 202 (ii) (I) With respect to the storage, acceptance or other use of a vessel 203 in this state, at the rate of two and ninety-nine-hundredths per cent, 204 except that such storage, acceptance or other use shall be exempt from 205 such tax if such vessel is docked in this state for sixty or fewer days in a 206 calendar year; 207 Raised Bill No. 269 LCO No. 1990 8 of 12 (II) With respect to the storage, acceptance or other use of a motor for 208 a vessel or a trailer used for transporting a vessel in this state, at the rate 209 of two and ninety-nine-hundredths per cent; 210 (III) With respect to the storage, acceptance or other use of dyed diesel 211 fuel, as defined in subsection (d) of section 12-487, exclusively for 212 marine purposes, at the rate of two and ninety-nine-hundredths per 213 cent; 214 (E) (i) With respect to the acceptance or receipt in this state of 215 computer and data processing services purchased from any retailer for 216 consumption or use in this state occurring on or after July 1, 2001, at the 217 rate of one per cent of such services, and (ii) with respect to the 218 acceptance or receipt in this state of Internet access services, on and after 219 July 1, 2001, such services shall be exempt from such tax; 220 (F) With respect to the acceptance or receipt in this state of patient 221 care services purchased from any retailer for consumption or use in this 222 state for which payment is received by the hospital on or after July 1, 223 1999, and prior to July 1, 2001, at the rate of five and three-fourths per 224 cent and on and after July 1, 2001, such services shall be exempt from 225 such tax; 226 (G) With respect to the rental or leasing of a passenger motor vehicle 227 for a period of thirty consecutive calendar days or less, at a rate of nine 228 and thirty-five-hundredths per cent; 229 (H) With respect to the acceptance or receipt in this state of (i) a motor 230 vehicle for a sales price exceeding fifty thousand dollars, at a rate of 231 seven and three-fourths per cent on the entire sales price, (ii) jewelry, 232 whether real or imitation, for a sales price exceeding five thousand 233 dollars, at a rate of seven and three-fourths per cent on the entire sales 234 price, and (iii) an article of clothing or footwear intended to be worn on 235 or about the human body, a handbag, luggage, umbrella, wallet or 236 watch for a sales price exceeding one thousand dollars, at a rate of seven 237 and three-fourths per cent on the entire sales price. For purposes of this 238 subparagraph, "motor vehicle" has the meaning provided in section 14-239 Raised Bill No. 269 LCO No. 1990 9 of 12 1, but does not include a motor vehicle subject to the provisions of 240 subparagraph (C) of this subdivision, a motor vehicle having a gross 241 vehicle weight rating over twelve thousand five hundred pounds, or a 242 motor vehicle having a gross vehicle weight rating of twelve thousand 243 five hundred pounds or less that is not used for private passenger 244 purposes, but is designed or used to transport merchandise, freight or 245 persons in connection with any business enterprise and issued a 246 commercial registration or more specific type of registration by the 247 Department of Motor Vehicles; 248 (I) With respect to the acceptance or receipt in this state of meals, as 249 defined in subdivision (13) of section 12-412, sold by an eating 250 establishment, caterer or grocery store; and spirituous, malt or vinous 251 liquors, soft drinks, sodas or beverages such as are ordinarily dispensed 252 at bars and soda fountains, or in connection therewith; in addition to the 253 tax imposed under subparagraph (A) of this subdivision, at the rate of 254 one per cent; 255 (J) With respect to the storage, use or other consumption of tangible 256 personal property for the construction of a new residential development 257 project at the rate of three per cent, provided such project contains not 258 fewer than fifty dwelling units of affordable housing, as defined in 259 section 8-39a, except that the provisions of this subparagraph shall not 260 apply to a project that qualifies for an exemption under section 12-412; 261 [(J)] (K) (i) For calendar quarters ending on or after September 30, 262 2019, the commissioner shall deposit into the regional planning 263 incentive account, established pursuant to section 4-66k, six and seven-264 tenths per cent of the amounts received by the state from the tax 265 imposed under subparagraph (B) of this subdivision and ten and seven-266 tenths per cent of the amounts received by the state from the tax 267 imposed under subparagraph (G) of this subdivision; 268 (ii) For calendar quarters ending on or after September 30, 2018, the 269 commissioner shall deposit into the Tourism Fund established under 270 section 10-395b ten per cent of the amounts received by the state from 271 Raised Bill No. 269 LCO No. 1990 10 of 12 the tax imposed under subparagraph (B) of this subdivision; 272 [(K)] (L) (i) For calendar months commencing on or after July 1, 2021, 273 but prior to July 1, 2023, the commissioner shall deposit into the 274 municipal revenue sharing account established pursuant to section 4-66l 275 seven and nine-tenths per cent of the amounts received by the state from 276 the tax imposed under subparagraph (A) of this subdivision, including 277 such amounts received on or after July 1, 2023, attributable to the fiscal 278 year ending June 30, 2023; and 279 (ii) For calendar months commencing on or after July 1, 2023, the 280 commissioner shall deposit into the Municipal Revenue Sharing Fund 281 established pursuant to section 4-66p seven and nine-tenths per cent of 282 the amounts received by the state from the tax imposed under 283 subparagraph (A) of this subdivision; and 284 [(L)] (M) (i) For calendar months commencing on or after July 1, 2017, 285 the commissioner shall deposit into said Special Transportation Fund 286 seven and nine-tenths per cent of the amounts received by the state from 287 the tax imposed under subparagraph (A) of this subdivision; 288 (ii) For calendar months commencing on or after July 1, 2018, but 289 prior to July 1, 2019, the commissioner shall deposit into the Special 290 Transportation Fund established under section 13b-68 eight per cent of 291 the amounts received by the state from the tax imposed under 292 subparagraphs (A) and (H) of this subdivision on the acceptance or 293 receipt in this state of a motor vehicle; 294 (iii) For calendar months commencing on or after July 1, 2019, but 295 prior to July 1, 2020, the commissioner shall deposit into the Special 296 Transportation Fund established under section 13b-68 seventeen per 297 cent of the amounts received by the state from the tax imposed under 298 subparagraphs (A) and (H) of this subdivision on the acceptance or 299 receipt in this state of a motor vehicle; 300 (iv) For calendar months commencing on or after July 1, 2020, but 301 prior to July 1, 2021, the commissioner shall deposit into the Special 302 Raised Bill No. 269 LCO No. 1990 11 of 12 Transportation Fund established under section 13b-68 twenty-five per 303 cent of the amounts received by the state from the tax imposed under 304 subparagraphs (A) and (H) of this subdivision on the acceptance or 305 receipt in this state of a motor vehicle; 306 (v) For calendar months commencing on or after July 1, 2021, but 307 prior to July 1, 2022, the commissioner shall deposit into the Special 308 Transportation Fund established under section 13b-68 seventy-five per 309 cent of the amounts received by the state from the tax imposed under 310 subparagraphs (A) and (H) of this subdivision on the acceptance or 311 receipt in this state of a motor vehicle; and 312 (vi) For calendar months commencing on or after July 1, 2022, the 313 commissioner shall deposit into the Special Transportation Fund 314 established under section 13b-68 one hundred per cent of the amounts 315 received by the state from the tax imposed under subparagraphs (A) 316 and (H) of this subdivision on the acceptance or receipt in this state of a 317 motor vehicle. 318 Sec. 3. Section 4-66o of the general statutes is repealed and the 319 following is substituted in lieu thereof (Effective July 1, 2024): 320 The Secretary of the Office of Policy and Management may establish 321 receivables for the revenue anticipated pursuant to subparagraph [(K)] 322 (L) of subdivision (1) of section 12-408, as amended by this act, and 323 section 4-66l. 324 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2024, and applicable to sales occurring on or after July 1, 2024 12-408(1) Sec. 2 July 1, 2024, and applicable to sales occurring on or after July 1, 2024 12-411(1) Sec. 3 July 1, 2024 4-66o Raised Bill No. 269 LCO No. 1990 12 of 12 Statement of Purpose: To reduce the sales and use taxes for certain tangible personal property used in new housing construction. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]