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3 | 3 | | LCO No. 6282 1 of 7 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 7238 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 6282 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on FINANCE, REVENUE AND |
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11 | 11 | | BONDING |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (FIN) |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT ESTABLISHING A STATE SHORT -TERM RENTAL REGISTRY |
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21 | 21 | | AND AUTHORIZING AN OPTIONAL MUNICIPAL SUPPLEMENTAL |
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22 | 22 | | TAX ON SHORT-TERM RENTALS. |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section, 1 |
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27 | 27 | | "short-term rental", "short-term rental facilitator", "short-term rental 2 |
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28 | 28 | | operator" and "short-term platform" have the same meanings as 3 |
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29 | 29 | | provided in section 12-408h of the general statutes, as amended by this 4 |
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30 | 30 | | act. 5 |
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31 | 31 | | (b) (1) Each short-term rental operator that lists or advertises a short-6 |
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32 | 32 | | term rental located in the state and each owner of a short-term rental 7 |
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33 | 33 | | located in the state who lists or advertises such rental solely through 8 |
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34 | 34 | | means other than a short-term rental facilitator shall register each such 9 |
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35 | 35 | | short-term rental property annually with the Department of Revenue 10 |
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36 | 36 | | Services, in a form and manner prescribed by the Commissioner of 11 |
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37 | 37 | | Revenue Services. Each such operator or owner that lists or advertises a 12 |
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38 | 38 | | short-term rental prior to January 1, 2026, shall register such short-term 13 |
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39 | 39 | | rental property with the department not later than January 1, 2026. On 14 |
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40 | 40 | | Raised Bill No. 7238 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LCO No. 6282 2 of 7 |
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45 | 45 | | |
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46 | 46 | | and after January 1, 2026, no such operator or owner shall list or 15 |
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47 | 47 | | advertise a short-term rental prior to registering such short-term rental 16 |
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48 | 48 | | property with the department. 17 |
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49 | 49 | | (2) Each short-term rental property shall be registered separately and 18 |
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50 | 50 | | each registration shall include: 19 |
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51 | 51 | | (A) The address of the short-term rental; 20 |
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52 | 52 | | (B) (i) (I) The name and contact information of the short-term rental 21 |
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53 | 53 | | operator and, if such operator is not the short-term rental owner, the 22 |
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54 | 54 | | name and contact information of the short-term rental owner, or (II) the 23 |
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55 | 55 | | name and contact information of the owner of a short-term rental 24 |
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56 | 56 | | located in the state who lists or advertises such rental solely through 25 |
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57 | 57 | | means other than a short-term rental facilitator, and (ii) if such short-26 |
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58 | 58 | | term rental operator or short-term rental owner is located out-of-state, 27 |
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59 | 59 | | the name and contact information of an agent in the state for service of 28 |
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60 | 60 | | process; 29 |
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61 | 61 | | (C) (i) A description of the short-term rental, including the space 30 |
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62 | 62 | | intended for use such as the entire residence, a shared space within a 31 |
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63 | 63 | | residence or a private room, and (ii) the number of rooms for rent, where 32 |
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64 | 64 | | applicable, at such short-term rental property; and 33 |
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65 | 65 | | (D) A registration fee of one hundred dollars per short-term rental 34 |
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66 | 66 | | property to cover administrative costs of establishing, updating and 35 |
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67 | 67 | | maintaining the short-term rental registry under subsection (c) of this 36 |
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68 | 68 | | section. 37 |
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69 | 69 | | (c) (1) The Commissioner of Revenue Services shall establish a short-38 |
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70 | 70 | | term rental registry to compile the registrations submitted under this 39 |
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71 | 71 | | section. Such registry shall be posted on the Department of Revenue 40 |
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72 | 72 | | Services' Internet web site and shall be searchable or organized in a 41 |
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73 | 73 | | manner that allows an individual to view the registered short-term 42 |
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74 | 74 | | rentals that are located within a given municipality. 43 |
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75 | 75 | | Raised Bill No. 7238 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LCO No. 6282 3 of 7 |
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80 | 80 | | |
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81 | 81 | | (2) A short-term rental operator or a short-term rental owner 44 |
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82 | 82 | | described in subdivision (1) of subsection (b) of this section shall notify 45 |
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83 | 83 | | the commissioner of any change in the registration information 46 |
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84 | 84 | | provided under said subsection not later than thirty days after such 47 |
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85 | 85 | | change takes effect. 48 |
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86 | 86 | | (d) If the Commissioner of Revenue Services determines that a short-49 |
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87 | 87 | | term rental operator or a short-term rental owner described in 50 |
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88 | 88 | | subdivision (1) of subsection (b) of this section is listing or advertising a 51 |
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89 | 89 | | short-term rental for a property that is not registered under subsection 52 |
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90 | 90 | | (b) of this section, the commissioner may impose a civil penalty of up to 53 |
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91 | 91 | | one thousand dollars per violation. 54 |
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92 | 92 | | Sec. 2. (NEW) (Effective January 1, 2026) (a) As used in this section, (1) 55 |
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93 | 93 | | "municipality" means a town, city, consolidated town and city or 56 |
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94 | 94 | | consolidated town and borough, and (2) "short-term rental" and "short-57 |
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95 | 95 | | term rental operator" have the same meanings as provided in section 12-58 |
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96 | 96 | | 408h of the general statutes, as amended by this act. 59 |
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97 | 97 | | (b) (1) Notwithstanding the provisions of any special act or municipal 60 |
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98 | 98 | | charter or ordinance, any municipality may, by vote of its legislative 61 |
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99 | 99 | | body or, in a municipality where the legislative body is a town meeting, 62 |
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100 | 100 | | by vote of the board of selectmen, approve a supplemental tax on each 63 |
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101 | 101 | | retail sale of a short-term rental located within such municipality, up to 64 |
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102 | 102 | | a maximum of two and seventy-five-hundredths per cent with respect 65 |
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103 | 103 | | to each transfer of occupancy, from the total amount of rent received by 66 |
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104 | 104 | | a short-term rental operator or by a short-term rental owner described 67 |
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105 | 105 | | in subdivision (1) of subsection (b) of section 1 of this act, for the first 68 |
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106 | 106 | | period not exceeding thirty consecutive calendar days. 69 |
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107 | 107 | | (2) Such supplemental tax shall be effective not earlier than sixty days 70 |
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108 | 108 | | after the date of such approval. The chief executive officer of the 71 |
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109 | 109 | | municipality shall notify the Commissioner of Revenue Services of such 72 |
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110 | 110 | | approval, the rate of the supplemental tax and the date the 73 |
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111 | 111 | | supplemental tax will be effective. The commissioner shall provide 74 |
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112 | 112 | | Raised Bill No. 7238 |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LCO No. 6282 4 of 7 |
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117 | 117 | | |
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118 | 118 | | notice of such approval, rate and effective date to each short-term rental 75 |
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119 | 119 | | operator and each short-term rental owner described in subdivision (1) 76 |
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120 | 120 | | of subsection (b) of section 1 of this act, that has registered a short-term 77 |
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121 | 121 | | rental property located within such municipality. 78 |
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122 | 122 | | (3) A municipality that has approved a supplemental tax pursuant to 79 |
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123 | 123 | | this subsection may vote to change the rate of such tax, provided the 80 |
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124 | 124 | | new rate does not exceed the maximum rate set forth in subdivision (1) 81 |
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125 | 125 | | of this subsection. The provisions of subdivision (2) of this subsection 82 |
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126 | 126 | | shall apply to any rate change approved by a municipality. 83 |
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127 | 127 | | (c) Any supplemental tax received by a municipality pursuant to 84 |
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128 | 128 | | subsection (d) of this section shall be used by the municipality to 85 |
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129 | 129 | | increase the supply of housing in the municipality for renters and 86 |
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130 | 130 | | prospective homeowners, including, but not limited to, depositing such 87 |
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131 | 131 | | funds into a housing trust fund for the purposes set forth in section 8-2i 88 |
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132 | 132 | | of the general statutes. 89 |
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133 | 133 | | (d) The Commissioner of Revenue Services shall maintain an 90 |
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134 | 134 | | accounting of all supplemental tax amounts remitted, aggregated by 91 |
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135 | 135 | | municipality, and shall deposit such amounts in the municipal short-92 |
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136 | 136 | | term rental account established under subsection (f) of this section. The 93 |
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137 | 137 | | commissioner shall distribute on a quarterly basis, to each municipality 94 |
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138 | 138 | | that has approved a supplemental tax pursuant to this section, any 95 |
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139 | 139 | | supplemental tax amounts collected in the prior quarter that are 96 |
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140 | 140 | | attributable to a short-term rental located within such municipality. 97 |
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141 | 141 | | (e) Commencing in the calendar year 2027, and annually thereafter, 98 |
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142 | 142 | | the Commissioner of Revenue Services shall post on the Department of 99 |
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143 | 143 | | Revenue Services' Internet web site (1) a list of the municipalities, if any, 100 |
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144 | 144 | | that have approved a supplemental tax pursuant to this section and the 101 |
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145 | 145 | | rate of each supplemental tax approved, (2) the amount of supplemental 102 |
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146 | 146 | | taxes collected under this section, aggregated by municipality, (3) the 103 |
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147 | 147 | | number of short-term rentals located within each such municipality, 104 |
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148 | 148 | | and (4) any other information the commissioner deems useful or 105 |
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149 | 149 | | Raised Bill No. 7238 |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | LCO No. 6282 5 of 7 |
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154 | 154 | | |
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155 | 155 | | relevant. 106 |
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156 | 156 | | (f) There is established an account to be known as the "municipal 107 |
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157 | 157 | | short-term rental account", which shall be a separate, nonlapsing 108 |
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158 | 158 | | account. The account shall contain any moneys required by law to be 109 |
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159 | 159 | | deposited in the account. Moneys in the account shall be expended by 110 |
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160 | 160 | | the Commissioner of Revenue Services for the purposes of subsections 111 |
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161 | 161 | | (c) and (d) of this section. 112 |
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162 | 162 | | Sec. 3. Section 12-408h of the general statutes is repealed and the 113 |
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163 | 163 | | following is substituted in lieu thereof (Effective October 1, 2025): 114 |
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164 | 164 | | (a) As used in this section: 115 |
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165 | 165 | | (1) "Short-term rental" means the transfer for a consideration of the 116 |
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166 | 166 | | occupancy in a furnished residence or similar accommodation for a 117 |
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167 | 167 | | period of thirty consecutive calendar days or less; 118 |
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168 | 168 | | (2) "Short-term rental facilitator" means any person that (A) facilitates 119 |
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169 | 169 | | retail sales of at least two hundred fifty thousand dollars during the 120 |
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170 | 170 | | prior twelve-month period by short-term rental operators by providing 121 |
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171 | 171 | | a short-term rental platform, (B) directly or indirectly through 122 |
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172 | 172 | | agreements or arrangements with third parties, collects rent for 123 |
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173 | 173 | | occupancy and remits payments to the short-term rental operators, and 124 |
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174 | 174 | | (C) receives compensation or other consideration for such services; 125 |
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175 | 175 | | (3) "Short-term rental operator" means any person that has an 126 |
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176 | 176 | | agreement with a short-term rental facilitator regarding the listing or 127 |
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177 | 177 | | advertising of a short-term rental in this state; and 128 |
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178 | 178 | | (4) "Short-term rental platform" means a physical or electronic place, 129 |
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179 | 179 | | including, but not limited to, a store, a booth, an Internet web site, a 130 |
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180 | 180 | | catalog or a dedicated software application that allows short-term rental 131 |
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181 | 181 | | operators to display available accommodations to prospective guests. 132 |
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182 | 182 | | (b) [A] Each short-term rental facilitator shall be required to obtain a 133 |
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183 | 183 | | permit to collect the tax set forth in subparagraph (B) of subdivision (1) 134 |
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184 | 184 | | Raised Bill No. 7238 |
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186 | 186 | | |
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187 | 187 | | |
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188 | 188 | | LCO No. 6282 6 of 7 |
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189 | 189 | | |
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190 | 190 | | of section 12-408 and any supplemental tax a municipality has elected 135 |
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191 | 191 | | to impose pursuant to section 2 of this act, and shall be considered the 136 |
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192 | 192 | | retailer for each retail sale of a short-term rental that such facilitator 137 |
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193 | 193 | | facilitates on its platform for a short-term rental operator. Each short-138 |
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194 | 194 | | term rental facilitator shall (1) be required to collect and remit for each 139 |
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195 | 195 | | such sale any tax imposed under section 12-408 and any supplemental 140 |
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196 | 196 | | tax imposed pursuant to section 2 of this act, (2) be responsible for all 141 |
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197 | 197 | | obligations imposed under this chapter and section 2 of this act as if such 142 |
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198 | 198 | | short-term rental facilitator was the operator of such short-term rental 143 |
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199 | 199 | | and retailer for such sale, and (3) keep such records and information as 144 |
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200 | 200 | | may be required by the Commissioner of Revenue Services to ensure 145 |
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201 | 201 | | proper collection and remittance of such tax and supplemental tax. 146 |
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202 | 202 | | (c) On and after January 1, 2026, each short-term rental facilitator with 147 |
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203 | 203 | | sales subject to the tax set forth in subparagraph (B) of subdivision (1) 148 |
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204 | 204 | | of section 12-408 for which the short-term rental facilitator files a return 149 |
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205 | 205 | | under this chapter shall disaggregate the information in the return, in 150 |
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206 | 206 | | such form as may be prescribed by the Commissioner of Revenue 151 |
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207 | 207 | | Services, to indicate the municipalities in which the short-term rentals 152 |
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208 | 208 | | that generated such sales are located and list by municipality the 153 |
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209 | 209 | | amount of such tax collected and the amount of the supplemental tax 154 |
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210 | 210 | | collected, as applicable. The provisions of this subsection shall apply to 155 |
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211 | 211 | | a short-term rental owner described in subdivision (1) of subsection (b) 156 |
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212 | 212 | | of section 1 of this act who lists and advertises more than one short-term 157 |
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213 | 213 | | rental in the state, which short-term rentals are located in more than one 158 |
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214 | 214 | | municipality. 159 |
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215 | 215 | | [(c)] (d) A short-term rental operator shall not be liable for the 160 |
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216 | 216 | | collection of the tax set forth in subparagraph (B) of subdivision (1) of 161 |
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217 | 217 | | section 12-408 or a supplemental tax imposed pursuant to section 2 of 162 |
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218 | 218 | | this act to the extent the short-term rental facilitator collected the tax or 163 |
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219 | 219 | | taxes due on such rent. 164 |
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220 | 220 | | Raised Bill No. 7238 |
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223 | 223 | | |
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224 | 224 | | LCO No. 6282 7 of 7 |
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225 | 225 | | |
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226 | 226 | | This act shall take effect as follows and shall amend the following |
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227 | 227 | | sections: |
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228 | 228 | | |
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229 | 229 | | Section 1 October 1, 2025 New section |
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230 | 230 | | Sec. 2 January 1, 2026 New section |
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231 | 231 | | Sec. 3 October 1, 2025 12-408h |
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232 | 232 | | |
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233 | 233 | | Statement of Purpose: |
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234 | 234 | | To establish a state short-term rental registry, authorize an optional |
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235 | 235 | | municipal supplemental tax on short-term rentals and require short- |
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236 | 236 | | term rental return filings to include disaggregated sales tax information. |
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237 | 237 | | |
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238 | 238 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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239 | 239 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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240 | 240 | | underlined.] |
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241 | 241 | | |
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