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12 | 20 | | AN ACT EXPANDING TAX CREDITS FOR STUDENT LOAN |
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13 | 21 | | PAYMENTS TO INCLUDE PASS-THROUGH ENTITIES. |
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14 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 23 | | Assembly convened: |
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16 | 24 | | |
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17 | 25 | | Section 1. Section 12-217qq of the general statutes is repealed and the 1 |
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18 | 26 | | following is substituted in lieu thereof (Effective January 1, 2026, and 2 |
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19 | 27 | | applicable to taxable years commencing on or after January 1, 2026): 3 |
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20 | 28 | | (a) As used in this section: 4 |
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21 | 29 | | (1) "Commissioner" means the Commissioner of Revenue Services; 5 |
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22 | 30 | | (2) "Full-time" means required to work at least thirty-five hours per 6 |
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23 | 31 | | week; 7 |
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24 | 32 | | (3) "Qualified employee" means an individual who (A) is a resident 8 |
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25 | 33 | | of the state, (B) has earned [his or her] such individual's first bachelor's 9 |
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26 | 34 | | degree from an institution of higher education in the immediately 10 |
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27 | 35 | | preceding five-year period, (C) is employed full-time in the state by a 11 |
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28 | 36 | | qualified employer, (D) is not an owner, member or partner of such 12 |
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37 | 47 | | operate a business in the state that is subject to tax under this chapter, 17 |
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38 | 48 | | [or] chapter 207 or chapter 229; 18 |
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39 | 49 | | (5) "Qualified small business" means a qualified employer that has 19 |
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40 | 50 | | gross receipts of not more than five million dollars for the calendar, [or] 20 |
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41 | 51 | | income or taxable year, as applicable, for which a credit under this 21 |
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42 | 52 | | section is allowed; 22 |
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43 | 53 | | (6) "Student education loan" has the same meaning as provided in 23 |
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44 | 54 | | section 36a-846; and 24 |
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45 | 55 | | (7) "Student loan servicer" has the same meaning as provided in 25 |
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46 | 56 | | section 36a-846. 26 |
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47 | 57 | | (b) (1) For calendar or income years commencing on and after January 27 |
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48 | 58 | | 1, 2025, and for taxable years commencing on and after January 1, 2026, 28 |
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49 | 59 | | each qualified employer that employs a qualified employee and makes 29 |
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50 | 60 | | a payment directly to a student loan servicer on behalf of such qualified 30 |
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51 | 61 | | employee on a student education loan that was used to finance the 31 |
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52 | 62 | | qualified employee's attendance at an institution of higher education 32 |
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53 | 63 | | shall be eligible for a credit against the tax imposed under this chapter, 33 |
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54 | 64 | | [or] chapter 207 or chapter 229, other than the liability imposed by 34 |
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56 | 66 | | of payments made to the outstanding principal balance of such loans by 36 |
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57 | 67 | | the qualified employer during the calendar, [or] income or taxable year, 37 |
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58 | 68 | | provided (A) the credit shall not be allowed against the tax imposed 38 |
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59 | 69 | | under this chapter, [and] chapter 207 and chapter 229 for the same loan 39 |
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60 | 70 | | payment, and (B) the amount of credit allowed for any calendar, [or] 40 |
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61 | 71 | | income or taxable year with respect to a specific qualified employee 41 |
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62 | 72 | | shall not exceed two thousand six hundred twenty-five dollars. 42 |
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73 | 85 | | purposes of this section. 49 |
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74 | 86 | | (c) (1) To claim a credit under subsection (b) of this section, an eligible 50 |
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75 | 87 | | qualified employer shall file an application with the commissioner in a 51 |
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76 | 88 | | form and manner prescribed by the commissioner. Such qualified 52 |
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77 | 89 | | employer shall include a list of qualified employees for whom the 53 |
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78 | 90 | | qualified employer will be making a payment pursuant to subsection (b) 54 |
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79 | 91 | | of this section, the total amount the qualified employer will pay toward 55 |
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80 | 92 | | such qualified employees' student education loans in the calendar, [or] 56 |
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81 | 93 | | income or taxable year, as applicable, the student loan servicer for each 57 |
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82 | 94 | | such student education loan and such other information as the 58 |
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83 | 95 | | commissioner may require for purposes of this section. Upon receipt of 59 |
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84 | 96 | | an application, the commissioner shall determine and reserve the 60 |
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85 | 97 | | amount of the credit the qualified employer will be entitled to claim and 61 |
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86 | 98 | | shall issue a voucher for such amount to the qualified employer. A 62 |
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87 | 99 | | qualified employer may not claim for any calendar, [or] income or 63 |
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88 | 100 | | taxable year more than the amount set forth in such voucher. 64 |
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89 | 101 | | (2) The aggregate amount of tax credits that may be reserved by the 65 |
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90 | 102 | | commissioner under this section shall not exceed ten million dollars in 66 |
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91 | 103 | | any one [calendar or income] fiscal year and credits shall be reserved in 67 |
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92 | 104 | | the order of applications received by the commissioner. 68 |
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93 | 105 | | (3) A qualified employer that claims the credit under subsection (b) 69 |
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94 | 106 | | of this section shall provide any documentation required by the 70 |
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95 | 107 | | commissioner in a form and manner prescribed by the commissioner. 71 |
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96 | 108 | | (4) If a qualified employer is an S corporation or an entity treated as 72 |
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97 | 109 | | a partnership for federal income tax purposes, the shareholders or 73 |
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109 | 123 | | credit refund equal to the value of the credit. Any amount of credit 81 |
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110 | 124 | | refunded under this subsection shall be refunded to the qualified small 82 |
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111 | 125 | | business in accordance with the provisions of this chapter, [or] chapter 83 |
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112 | 126 | | 207 or chapter 229, as applicable. No interest shall be allowed or paid on 84 |
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113 | 127 | | any amount of credit refunded under this subsection. Any amount of 85 |
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114 | 128 | | credit refunded under this subsection shall be subject to the provisions 86 |
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115 | 129 | | of section 12-39g. 87 |
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116 | 130 | | (2) Each application for a credit refund under this subsection shall be 88 |
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117 | 131 | | filed, on such forms and containing such information as prescribed by 89 |
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118 | 132 | | the commissioner, on or before the original due date of the return 90 |
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119 | 133 | | prescribed under section 12-205, [or] 12-222 or 12-719, as applicable, for 91 |
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120 | 134 | | the calendar, [or] income or taxable year for which such credit was 92 |
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121 | 135 | | earned or, if applicable, the extended due date of such year's return. No 93 |
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122 | 136 | | application for a credit refund under this subsection may be filed after 94 |
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123 | 137 | | the due date or extended due date, as the case may be, of such return. 95 |
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124 | 138 | | (3) A qualified small business may not exchange for any calendar, [or] 96 |
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125 | 139 | | income or taxable year more than the amount of the credit set forth in 97 |
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126 | 140 | | the voucher issued by the commissioner pursuant to subsection (c) of 98 |
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127 | 141 | | this section. 99 |
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128 | 142 | | This act shall take effect as follows and shall amend the following |
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129 | 143 | | sections: |
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130 | 144 | | |
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