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3 | 3 | | LCO No. 6964 1 of 39 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 7270 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 6964 |
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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 CONCERNING REQUIREMENTS FOR CERTAIN TAX |
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21 | 21 | | APPEALS, THE DISAGGREGATION OF CERTAIN TAX SOURCING |
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22 | 22 | | INFORMATION, THE AMORTIZABLE BOND PREMIUM SUBTRACTION |
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23 | 23 | | FOR PURPOSES OF THE PERSONAL INCOME TAX AND THE |
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24 | 24 | | APPLICATION OF VALUATION ALLOWANCE FOR CERTAIN |
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25 | 25 | | COMBINED GROUP REPORTING. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General |
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27 | 27 | | Assembly convened: |
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28 | 28 | | |
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29 | 29 | | Section 1. (NEW) (Effective October 1, 2025) (a) (1) For a protest filed 1 |
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30 | 30 | | by a taxpayer on or after October 1, 2025, under the provisions of any 2 |
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31 | 31 | | section enumerated in subdivision (2) of this subsection, such taxpayer 3 |
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32 | 32 | | shall file the protest on a form prescribed by the Commissioner of 4 |
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33 | 33 | | Revenue Services that includes the following for the protest to be valid: 5 |
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34 | 34 | | (A) The legal name of the taxpayer filing the protest and the 6 |
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35 | 35 | | taxpayer's legal address, mailing address, phone number, federal tax 7 |
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36 | 36 | | identification number and, if applicable, Connecticut tax registration 8 |
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37 | 37 | | number; 9 |
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38 | 38 | | (B) The tax type at issue, the period or periods at issue, the case 10 |
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39 | 39 | | identification number or notice number assigned to the matter the 11 |
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40 | 40 | | Raised Bill No. 7270 |
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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. 6964 2 of 39 |
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45 | 45 | | |
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46 | 46 | | taxpayer is contesting and the exact amount of the tax, penalty and 12 |
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47 | 47 | | interest, as applicable, the taxpayer is contesting; 13 |
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48 | 48 | | (C) If applicable, the name of the person to whom the taxpayer has 14 |
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49 | 49 | | issued a power of attorney and the power of attorney's legal address, 15 |
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50 | 50 | | mailing address, phone number and electronic mail address; 16 |
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51 | 51 | | (D) Each issue the taxpayer wishes the commissioner to consider in 17 |
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52 | 52 | | connection with such protest, including the amount of tax, penalty or 18 |
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53 | 53 | | interest implicated by each issue, the factual grounds associated with 19 |
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54 | 54 | | each issue, the documentary evidence supporting each issue and the 20 |
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55 | 55 | | legal grounds for each issue; 21 |
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56 | 56 | | (E) All evidence the taxpayer wishes the commissioner to consider 22 |
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57 | 57 | | that supports the taxpayer's filing of the protest; and 23 |
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58 | 58 | | (F) An affirmation from the taxpayer that the information contained 24 |
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59 | 59 | | in the protest filing and any attachments thereto is true and accurate and 25 |
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60 | 60 | | that all of the evidence the taxpayer intends to provide in support of the 26 |
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61 | 61 | | protest has been identified and provided with the filing. 27 |
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62 | 62 | | (2) The provisions of subdivision (1) of this subsection shall apply to 28 |
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63 | 63 | | a protest filed under section 12-206, 12-225, 12-226 or 12-236 of the 29 |
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64 | 64 | | general statutes, as each is amended by this act; 12-263e or 12-263m of 30 |
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65 | 65 | | the general statutes; 12-268i, 12-311, 12-330l or 12-330ee of the general 31 |
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66 | 66 | | statutes, as each is amended by this act; 12-330ll, 12-330mm or 12-395 of 32 |
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67 | 67 | | the general statutes; 12-418, 12-447 or 12-461 of the general statutes, as 33 |
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68 | 68 | | each is amended by this act; 12-477aa of the general statutes; 12-489, 12-34 |
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69 | 69 | | 493 or 12-493a of the general statutes, as each is amended by this act; 12-35 |
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70 | 70 | | 502a of the general statutes; 12-553 or 12-595 of the general statutes, as 36 |
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71 | 71 | | each is amended by this act; 12-629, 12-649, 12-668 or 12-692 of the 37 |
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72 | 72 | | general statutes; 12-729 or 12-790c of the general statutes, as each is 38 |
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73 | 73 | | amended by this act; or 13b-121, 16-331cc, 22a-232, 22a-245a, 28-30f, 38a-39 |
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74 | 74 | | 277 or 51-81b of the general statutes. 40 |
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75 | 75 | | (3) Any taxpayer that files a timely protest under any of the sections 41 |
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76 | 76 | | Raised Bill No. 7270 |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LCO No. 6964 3 of 39 |
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81 | 81 | | |
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82 | 82 | | enumerated in subdivision (2) of this subsection shall have the 42 |
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83 | 83 | | affirmative obligation to actively prosecute such protest, which 43 |
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84 | 84 | | obligation shall include the provision of all information and 44 |
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85 | 85 | | documentation the commissioner requires to render a determination of 45 |
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86 | 86 | | such protest. 46 |
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87 | 87 | | (4) For the purposes of this section, "protest" includes a request for a 47 |
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88 | 88 | | hearing under any of the sections set forth in subdivision (2) of this 48 |
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89 | 89 | | subsection, as applicable. 49 |
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90 | 90 | | (b) If a taxpayer files a protest without all of the information required 50 |
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91 | 91 | | under subdivision (1) of subsection (a) of this section, the commissioner 51 |
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92 | 92 | | shall notify the taxpayer of the missing information. The taxpayer may 52 |
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93 | 93 | | submit such information not later than ten business days after such 53 |
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94 | 94 | | notification. 54 |
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95 | 95 | | (c) If a taxpayer is unable to submit, at the time a protest is filed, all 55 |
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96 | 96 | | of the evidence the taxpayer wishes the commissioner to consider, the 56 |
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97 | 97 | | taxpayer may request an extension of time to submit such evidence. 57 |
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98 | 98 | | Such extension shall not exceed three months from the date the protest 58 |
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99 | 99 | | is due and shall be deemed granted by the commissioner if the taxpayer 59 |
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100 | 100 | | includes such request for extension at the time the protest is filed and 60 |
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101 | 101 | | identifies the specific evidence the taxpayer intends to submit. The 61 |
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102 | 102 | | commissioner may refuse to consider evidence that is submitted after 62 |
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103 | 103 | | the protest is filed or the date any extension granted under this 63 |
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104 | 104 | | subparagraph expires, as applicable. Nothing in this subsection shall 64 |
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105 | 105 | | prohibit the commissioner from requesting additional information or 65 |
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106 | 106 | | documentation from the taxpayer in accordance with the provisions of 66 |
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107 | 107 | | subsection (e) of this section. 67 |
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108 | 108 | | (d) Notwithstanding any provision of the general statutes, if a 68 |
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109 | 109 | | taxpayer fails to submit the information or evidence within the 69 |
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110 | 110 | | applicable time period prescribed under subsection (b) or (c) of this 70 |
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111 | 111 | | section, the protest shall be deemed invalid and the commissioner shall 71 |
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112 | 112 | | not be required to consider or otherwise act on such protest. The 72 |
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113 | 113 | | Raised Bill No. 7270 |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LCO No. 6964 4 of 39 |
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118 | 118 | | |
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119 | 119 | | commissioner shall dismiss any such invalid protest without 73 |
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120 | 120 | | consideration of the merits and shall notify the taxpayer of such 74 |
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121 | 121 | | dismissal. A taxpayer may appeal such dismissal, not later than thirty 75 |
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122 | 122 | | days after such notification, to the superior court for the judicial district 76 |
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123 | 123 | | of New Britain, which court's jurisdiction shall be limited to the 77 |
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124 | 124 | | commissioner's determination that the protest was invalid. If the court 78 |
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125 | 125 | | finds that the commissioner's determination was made in error, the 79 |
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126 | 126 | | court shall remand the matter to the commissioner with an order to 80 |
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127 | 127 | | consider the merits of the protest. 81 |
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128 | 128 | | (e) (1) The commissioner may request additional information or 82 |
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129 | 129 | | documentation from a taxpayer that has filed a protest in accordance 83 |
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130 | 130 | | with the provisions of this section if the commissioner determines such 84 |
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131 | 131 | | additional information or documentation is necessary for the 85 |
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132 | 132 | | commissioner to render a determination of such protest. The 86 |
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133 | 133 | | commissioner shall notify the taxpayer in writing of the additional 87 |
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134 | 134 | | information or documentation required and provide at least ten 88 |
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135 | 135 | | business days for the taxpayer to submit such additional information or 89 |
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136 | 136 | | documentation. If the taxpayer fails to submit the requested information 90 |
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137 | 137 | | or documentation after two written requests for the same information 91 |
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138 | 138 | | or documentation, the taxpayer shall be deemed to have abandoned the 92 |
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139 | 139 | | protest. The commissioner shall dismiss any such abandoned protest 93 |
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140 | 140 | | without consideration of the merits and shall notify the taxpayer of such 94 |
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141 | 141 | | dismissal. A taxpayer may appeal such dismissal, not later than thirty 95 |
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142 | 142 | | days after such notification, to the superior court for the judicial district 96 |
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143 | 143 | | of New Britain, which court's jurisdiction shall be limited to the 97 |
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144 | 144 | | commissioner's determination that the protest was abandoned. If the 98 |
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145 | 145 | | court finds that the commissioner's determination was made in error, 99 |
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146 | 146 | | the court shall remand the matter to the commissioner with an order to 100 |
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147 | 147 | | consider the merits of the protest. 101 |
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148 | 148 | | (2) Nothing in subdivision (1) of this subsection shall be construed to 102 |
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149 | 149 | | limit or prohibit the commissioner from making multiple requests for 103 |
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150 | 150 | | additional information or documentation the commissioner determines 104 |
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151 | 151 | | is necessary for the commissioner to render a determination of such 105 |
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152 | 152 | | Raised Bill No. 7270 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | |
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156 | 156 | | LCO No. 6964 5 of 39 |
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157 | 157 | | |
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158 | 158 | | protest. 106 |
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159 | 159 | | (3) The commissioner shall notify the taxpayer upon receipt of all of 107 |
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160 | 160 | | the additional information and documentation requested pursuant to 108 |
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161 | 161 | | this subsection. The commissioner shall render a determination not later 109 |
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162 | 162 | | than one hundred eighty days after such notification with respect to the 110 |
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163 | 163 | | subject of the protest. If the commissioner fails to render a determination 111 |
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164 | 164 | | within the prescribed timeframe, the taxpayer is authorized to file an 112 |
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165 | 165 | | appeal with the Superior Court in accordance with the applicable 113 |
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166 | 166 | | statutory appeals provisions. 114 |
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167 | 167 | | (f) The commissioner may adopt regulations, in accordance with the 115 |
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168 | 168 | | provisions of chapter 54 of the general statutes, to implement the 116 |
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169 | 169 | | provisions of this section. Notwithstanding the requirements of sections 117 |
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170 | 170 | | 4-168 to 4-172, inclusive, of the general statutes, prior to adopting such 118 |
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171 | 171 | | regulations, the commissioner may issue policies and procedures, which 119 |
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172 | 172 | | shall have the force and effect of law, to implement the provisions of this 120 |
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173 | 173 | | section. The commissioner shall, at least fifteen days prior to the 121 |
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174 | 174 | | effective date of such policy or procedure, post any such policy or 122 |
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175 | 175 | | procedure on the Department of Revenue's Internet web site and submit 123 |
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176 | 176 | | such policy or procedure to the Secretary of the State for posting on the 124 |
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177 | 177 | | eRegulations System. Any such policy or procedure shall no longer be 125 |
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178 | 178 | | effective upon the adoption of such policy and procedure as a final 126 |
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179 | 179 | | regulation in accordance with the provisions of chapter 54 of the general 127 |
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180 | 180 | | statutes or forty-eight months after the effective date of this section, 128 |
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181 | 181 | | whichever is earlier. 129 |
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182 | 182 | | Sec. 2. Section 12-206 of the general statutes is repealed and the 130 |
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183 | 183 | | following is substituted in lieu thereof (Effective October 1, 2025, and 131 |
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184 | 184 | | applicable to protests filed on or after October 1, 2025): 132 |
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185 | 185 | | (a) If any company fails to pay the amount of tax reported to be due 133 |
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186 | 186 | | on its return within the time specified under the provisions of this 134 |
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187 | 187 | | chapter, there shall be imposed a penalty equal to ten per cent of such 135 |
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188 | 188 | | amount due and unpaid, or fifty dollars, whichever is greater. Such 136 |
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189 | 189 | | Raised Bill No. 7270 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | |
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193 | 193 | | LCO No. 6964 6 of 39 |
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194 | 194 | | |
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195 | 195 | | amount shall bear interest at the rate of one per cent per month or 137 |
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196 | 196 | | fraction thereof, from the due date of such tax until the date of payment. 138 |
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197 | 197 | | (b) If any company has not made its return within three months after 139 |
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198 | 198 | | the time specified under the provisions of this chapter, the 140 |
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199 | 199 | | commissioner may make such return at any time thereafter, according 141 |
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200 | 200 | | to the best information obtainable and according to the form prescribed. 142 |
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201 | 201 | | To the tax imposed upon the basis of such return, there shall be added 143 |
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202 | 202 | | an amount equal to ten per cent of such tax, or fifty dollars, whichever 144 |
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203 | 203 | | is greater. The tax shall bear interest at the rate of one per cent per month 145 |
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204 | 204 | | or fraction thereof, from the due date of such tax until the date of 146 |
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205 | 205 | | payment. No taxpayer shall be subject to a penalty under both 147 |
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206 | 206 | | subsections (a) and (b) of this section in relation to the same tax period. 148 |
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207 | 207 | | (c) Subject to the provisions of section 12-3a, the commissioner may 149 |
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208 | 208 | | waive all or part of the penalties provided under this chapter when it is 150 |
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209 | 209 | | proven to [his] the commissioner's satisfaction that the failure to pay any 151 |
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210 | 210 | | tax was due to reasonable cause and was not intentional or due to 152 |
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211 | 211 | | neglect. 153 |
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212 | 212 | | (d) Any person required under this chapter to pay any tax, or 154 |
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213 | 213 | | required under this chapter or by regulations adopted in accordance 155 |
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214 | 214 | | with the provisions of section 12-204g to make a return, keep any 156 |
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215 | 215 | | records or supply any information, who wilfully fails to pay such tax, 157 |
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216 | 216 | | make such return, keep such records or supply such information, at the 158 |
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217 | 217 | | time required by law or regulations, shall, in addition to any other 159 |
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218 | 218 | | penalty provided by law, be fined not more than one thousand dollars 160 |
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219 | 219 | | or imprisoned not more than one year or both. As used in this 161 |
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220 | 220 | | subsection, "person" includes any officer or employee of a corporation, 162 |
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221 | 221 | | or a member or employee of a partnership under a duty to pay such tax, 163 |
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222 | 222 | | to make such return, keep such records or supply such information. 164 |
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223 | 223 | | Notwithstanding the provisions of section 54-193, no person shall be 165 |
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224 | 224 | | prosecuted for a violation of the provisions of this subsection committed 166 |
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225 | 225 | | on or after July 1, 1997, except within three years next after such 167 |
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226 | 226 | | violation has been committed. 168 |
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227 | 227 | | Raised Bill No. 7270 |
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229 | 229 | | |
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230 | 230 | | |
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231 | 231 | | LCO No. 6964 7 of 39 |
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232 | 232 | | |
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233 | 233 | | (e) Any person who wilfully delivers or discloses to the commissioner 169 |
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234 | 234 | | or [his] the commissioner's authorized agent any list, return, account, 170 |
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235 | 235 | | statement [,] or other document, known by [him] such person to be 171 |
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236 | 236 | | fraudulent or false in any material matter, shall, in addition to any other 172 |
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237 | 237 | | penalty provided by law, be guilty of a class D felony. No person shall 173 |
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238 | 238 | | be charged with an offense under both subsections (d) and (e) of this 174 |
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239 | 239 | | section in relation to the same tax period but such person may be 175 |
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240 | 240 | | charged and prosecuted for both such offenses upon the same 176 |
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241 | 241 | | information. 177 |
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242 | 242 | | (f) (1) Any company subject to any tax or charge under this chapter, 178 |
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243 | 243 | | believing that it has overpaid any tax, other than any estimated tax paid 179 |
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244 | 244 | | pursuant to section 12-204c, due under the provisions of this chapter 180 |
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245 | 245 | | may file a claim for refund in writing with the commissioner [within] 181 |
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246 | 246 | | not later than three years [from] after the due date for which such 182 |
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247 | 247 | | overpayment was made, stating the specific grounds upon which the 183 |
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248 | 248 | | claim is founded. Failure to file a claim within the time prescribed in this 184 |
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249 | 249 | | section constitutes a waiver of any demand against the state on account 185 |
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250 | 250 | | of overpayment. Not later than ninety days following receipt of such 186 |
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251 | 251 | | claim for refund, the commissioner shall determine whether such claim 187 |
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252 | 252 | | is valid and, if so determined, said commissioner shall notify the State 188 |
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253 | 253 | | Comptroller of the amount of such refund and the State Comptroller 189 |
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254 | 254 | | shall draw an order on the State Treasurer in the amount thereof for 190 |
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255 | 255 | | payment to the taxpayer. If the commissioner determines that such 191 |
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256 | 256 | | claim is not valid, either in whole or in part, [he] the commissioner shall 192 |
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257 | 257 | | mail notice of the proposed disallowance in whole or in part of the claim 193 |
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258 | 258 | | to the claimant, which notice shall set forth briefly the commissioner's 194 |
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259 | 259 | | findings of fact and the basis of disallowance in each case decided in 195 |
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260 | 260 | | whole or in part adversely to the claimant. Sixty days after the date on 196 |
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261 | 261 | | which it is mailed, a notice of proposed disallowance shall constitute a 197 |
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262 | 262 | | final disallowance except only for such amounts as to which the 198 |
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263 | 263 | | company has filed, as provided in subdivision (2) of this subsection, a 199 |
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264 | 264 | | written protest with the commissioner. 200 |
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265 | 265 | | (2) On or before the sixtieth day after the mailing of the proposed 201 |
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266 | 266 | | Raised Bill No. 7270 |
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268 | 268 | | |
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269 | 269 | | |
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270 | 270 | | LCO No. 6964 8 of 39 |
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271 | 271 | | |
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272 | 272 | | disallowance, the company may file with the commissioner a written 202 |
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273 | 273 | | protest against the proposed disallowance in [which it sets forth the 203 |
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274 | 274 | | grounds on which the protest is based] accordance with the provisions 204 |
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275 | 275 | | of section 1 of this act. If a valid protest is filed, the commissioner shall 205 |
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276 | 276 | | reconsider the proposed disallowance and, if the company has so 206 |
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277 | 277 | | requested, may grant or deny the company or its authorized 207 |
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278 | 278 | | representatives an oral hearing. 208 |
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279 | 279 | | (3) The commissioner shall mail notice of [his] the commissioner's 209 |
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280 | 280 | | determination to the company, which notice shall set forth briefly the 210 |
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281 | 281 | | commissioner's findings of fact and the basis of decision in each case 211 |
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282 | 282 | | decided in whole or in part adversely to the company. 212 |
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283 | 283 | | (4) The action of the commissioner on the company's protest, other 213 |
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284 | 284 | | than a protest deemed invalid under section 1 of this act, shall be final 214 |
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285 | 285 | | upon the expiration of one month from the date on which [he] the 215 |
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286 | 286 | | commissioner mails notice of his or her action to the company unless 216 |
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287 | 287 | | within such period the company seeks judicial review of the 217 |
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288 | 288 | | commissioner's determination pursuant to subsection (b) of section 12-218 |
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289 | 289 | | 208. 219 |
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290 | 290 | | Sec. 3. Section 12-225 of the general statutes is repealed and the 220 |
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291 | 291 | | following is substituted in lieu thereof (Effective October 1, 2025, and 221 |
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292 | 292 | | applicable to protests filed on or after October 1, 2025): 222 |
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293 | 293 | | (a) Any company [which] that, either intentionally or through error, 223 |
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294 | 294 | | fails to include in its return items of income or invested capital or 224 |
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295 | 295 | | [which] that claims unlawful deductions therefrom shall make a 225 |
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296 | 296 | | supplemental return disclosing such facts within three years from the 226 |
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297 | 297 | | due date of the return and, [within] not later than thirty days thereafter, 227 |
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298 | 298 | | shall pay to the commissioner any tax due thereon, with interest upon 228 |
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299 | 299 | | the amount of such additional tax at the rate of one per cent per month 229 |
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300 | 300 | | or fraction thereof from the date when the original tax became due and 230 |
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301 | 301 | | payable. 231 |
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302 | 302 | | (b) (1) Any company [which] that fails to include in its return items 232 |
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303 | 303 | | Raised Bill No. 7270 |
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304 | 304 | | |
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305 | 305 | | |
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306 | 306 | | |
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307 | 307 | | LCO No. 6964 9 of 39 |
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308 | 308 | | |
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309 | 309 | | of deductions or includes items of nontaxable income or makes any 233 |
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310 | 310 | | other error in such return may, within three years from the due date of 234 |
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311 | 311 | | the return, file with the commissioner an amended return, together with 235 |
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312 | 312 | | a claim for refund of taxes overpaid as shown by such amended return. 236 |
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313 | 313 | | Failure to file a claim within the time prescribed in this section 237 |
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314 | 314 | | constitutes a waiver of any demand against the state on account of 238 |
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315 | 315 | | overpayment. The commissioner shall, within one hundred eighty days 239 |
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316 | 316 | | of the receipt of such claim, determine whether such claim is valid and, 240 |
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317 | 317 | | if so, the commissioner shall notify the State Comptroller of the amount 241 |
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318 | 318 | | of such refund and the State Comptroller shall draw an order on the 242 |
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319 | 319 | | State Treasurer in the amount thereof for payment to such company. If 243 |
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320 | 320 | | the commissioner determines that such claim is not valid, either in 244 |
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321 | 321 | | whole or in part, [he] the commissioner shall mail notice of the proposed 245 |
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322 | 322 | | disallowance in whole or in part of the claim to the company, which 246 |
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323 | 323 | | notice shall set forth briefly the commissioner's findings of fact and the 247 |
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324 | 324 | | basis of disallowance in each case decided in whole or in part adversely 248 |
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325 | 325 | | to the claimant. Sixty days after the date on which it is mailed, a notice 249 |
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326 | 326 | | of proposed disallowance shall constitute a final disallowance except 250 |
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327 | 327 | | only for such amount as to which the company has filed, as provided in 251 |
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328 | 328 | | subdivision (2) of this subsection, a written protest with the 252 |
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329 | 329 | | commissioner. For the purposes of computing any refund due or 253 |
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330 | 330 | | adjusting net income as a result of the inclusion of income, the taxation 254 |
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331 | 331 | | of which by the state of Connecticut is prohibited by federal law, 255 |
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332 | 332 | | including the Constitution of the United States, as applied, no expenses 256 |
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333 | 333 | | related to such income shall be deducted in computing net income 257 |
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334 | 334 | | under this chapter. 258 |
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335 | 335 | | (2) On or before the sixtieth day after the mailing of the proposed 259 |
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336 | 336 | | disallowance, the company may file with the commissioner a written 260 |
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337 | 337 | | protest against the proposed disallowance in [which it sets forth the 261 |
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338 | 338 | | grounds on which the protest is based] accordance with the provisions 262 |
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339 | 339 | | of section 1 of this act. If a valid protest is filed, the commissioner shall 263 |
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340 | 340 | | reconsider the proposed disallowance and, if the company has so 264 |
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341 | 341 | | requested, may grant or deny the company or its authorized 265 |
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342 | 342 | | Raised Bill No. 7270 |
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343 | 343 | | |
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344 | 344 | | |
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345 | 345 | | |
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346 | 346 | | LCO No. 6964 10 of 39 |
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347 | 347 | | |
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348 | 348 | | representatives an oral hearing. 266 |
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349 | 349 | | (3) The commissioner shall mail notice of [his] the commissioner's 267 |
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350 | 350 | | determination to the company, which notice shall set forth briefly the 268 |
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351 | 351 | | commissioner's findings of fact and the basis of decision in each case 269 |
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352 | 352 | | decided in whole or in part adversely to the company. 270 |
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353 | 353 | | (4) The action of the commissioner on the company's protest, other 271 |
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354 | 354 | | than a protest deemed invalid under section 1 of this act, shall be final 272 |
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355 | 355 | | upon the expiration of one month from the date on which [he] the 273 |
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356 | 356 | | commissioner mails notice of his or her action to the company unless 274 |
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357 | 357 | | within such period the company seeks judicial review of the 275 |
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358 | 358 | | commissioner's determination pursuant to section 12-237. 276 |
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359 | 359 | | Sec. 4. Section 12-226 of the general statutes is repealed and the 277 |
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360 | 360 | | following is substituted in lieu thereof (Effective October 1, 2025): 278 |
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361 | 361 | | (a) (1) Any company whose income, profits or earnings are changed, 279 |
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362 | 362 | | adjusted or corrected for any income year by any official of the United 280 |
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363 | 363 | | States government, or any agency thereof, in any respect affecting the 281 |
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364 | 364 | | tax imposed by this part, shall provide notice of such change, 282 |
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365 | 365 | | adjustment or correction to the commissioner by filing, on or before the 283 |
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366 | 366 | | date that is ninety days after the final determination of such change, 284 |
---|
367 | 367 | | adjustment or correction, or as otherwise required by the commissioner, 285 |
---|
368 | 368 | | an amended return under this chapter, and shall concede the accuracy 286 |
---|
369 | 369 | | of such determination or state wherein it is erroneous, and thereafter 287 |
---|
370 | 370 | | promptly furnish to the commissioner any information, schedules, 288 |
---|
371 | 371 | | records, documents or papers relating to such change, adjustment or 289 |
---|
372 | 372 | | correction as the commissioner requires. The time for filing such return 290 |
---|
373 | 373 | | may be extended by the commissioner upon due cause shown. If, upon 291 |
---|
374 | 374 | | examination, the commissioner finds that the company is liable for the 292 |
---|
375 | 375 | | payment of an additional tax, the commissioner shall, within a 293 |
---|
376 | 376 | | reasonable time from the receipt of such return, notify the company of 294 |
---|
377 | 377 | | the amount of such additional tax, together with interest thereon 295 |
---|
378 | 378 | | computed at the rate of one per cent per month or fraction thereof from 296 |
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379 | 379 | | Raised Bill No. 7270 |
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380 | 380 | | |
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381 | 381 | | |
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382 | 382 | | |
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383 | 383 | | LCO No. 6964 11 of 39 |
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384 | 384 | | |
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385 | 385 | | the date when the original tax became due and payable. [Within] Not 297 |
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386 | 386 | | later than thirty days [of the mailing of] after the date on which such 298 |
---|
387 | 387 | | notice is mailed, the company shall pay to the commissioner, in cash or 299 |
---|
388 | 388 | | by check, draft or money order, drawn to the order of the Commissioner 300 |
---|
389 | 389 | | of Revenue Services, the amount of such additional tax and interest. If, 301 |
---|
390 | 390 | | upon examination of such return and related information, the 302 |
---|
391 | 391 | | commissioner finds that the company has overpaid the tax due the state 303 |
---|
392 | 392 | | and has not received from or been allowed by the United States 304 |
---|
393 | 393 | | government, or any agency thereof, a credit or a benefit as a deduction 305 |
---|
394 | 394 | | or otherwise, for or by reason of such overpayment, the State Treasurer 306 |
---|
395 | 395 | | shall pay the company, upon order of the State Comptroller, the amount 307 |
---|
396 | 396 | | of such overpayment. If the commissioner determines that the 308 |
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397 | 397 | | company's claim of overpayment is not valid, either in whole or in part, 309 |
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398 | 398 | | the commissioner shall mail notice to the company of the proposed 310 |
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399 | 399 | | disallowance of the claim in whole or in part, which notice shall set forth 311 |
---|
400 | 400 | | briefly the commissioner's findings of fact and the basis of disallowance 312 |
---|
401 | 401 | | in each case decided in whole or in part adversely to the claimant. Sixty 313 |
---|
402 | 402 | | days after the date on which it is mailed, a notice of proposed 314 |
---|
403 | 403 | | disallowance shall constitute a final disallowance except only for such 315 |
---|
404 | 404 | | amounts as to which the company has filed a written protest with the 316 |
---|
405 | 405 | | commissioner, as provided in subdivision (2) of this subsection. 317 |
---|
406 | 406 | | (2) On or before the sixtieth day after the mailing of the proposed 318 |
---|
407 | 407 | | disallowance, the company may file with the commissioner a written 319 |
---|
408 | 408 | | protest against the proposed disallowance in [which it sets forth the 320 |
---|
409 | 409 | | grounds on which the protest is based] accordance with the provisions 321 |
---|
410 | 410 | | of section 1 of this act. If a valid protest is filed, the commissioner shall 322 |
---|
411 | 411 | | reconsider the proposed disallowance and, if the company has so 323 |
---|
412 | 412 | | requested, may grant or deny the company or its authorized 324 |
---|
413 | 413 | | representatives an oral hearing. 325 |
---|
414 | 414 | | (3) The commissioner shall mail notice of [his] the commissioner's 326 |
---|
415 | 415 | | determination to the company, which notice shall set forth briefly the 327 |
---|
416 | 416 | | commissioner's findings of fact and the basis of decision in each case 328 |
---|
417 | 417 | | decided in whole or in part adversely to the company. 329 |
---|
418 | 418 | | Raised Bill No. 7270 |
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419 | 419 | | |
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420 | 420 | | |
---|
421 | 421 | | |
---|
422 | 422 | | LCO No. 6964 12 of 39 |
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423 | 423 | | |
---|
424 | 424 | | (4) The action of the commissioner on the company's protest, other 330 |
---|
425 | 425 | | than a protest deemed invalid under section 1 of this act, shall be final 331 |
---|
426 | 426 | | upon the expiration of one month from the date on which [he] the 332 |
---|
427 | 427 | | commissioner mails notice of his or her action to the company unless 333 |
---|
428 | 428 | | within such period the company seeks judicial review of the 334 |
---|
429 | 429 | | commissioner's determination pursuant to section 12-237. 335 |
---|
430 | 430 | | (b) (1) Any company filing an amended return with any official of the 336 |
---|
431 | 431 | | United States government, or any agency thereof, shall make an 337 |
---|
432 | 432 | | amended return to the commissioner on or before the date that is ninety 338 |
---|
433 | 433 | | days after the final determination is made on the amended return by 339 |
---|
434 | 434 | | such federal official or agency. The commissioner shall treat any such 340 |
---|
435 | 435 | | amended return reporting a tax overpayment as filed in processible 341 |
---|
436 | 436 | | form, as described in subsection (c) of section 12-227, after proof of such 342 |
---|
437 | 437 | | final determination on such amended federal return by such federal 343 |
---|
438 | 438 | | official or agency is submitted to the commissioner. The time for filing 344 |
---|
439 | 439 | | such amended return may be extended by the commissioner upon due 345 |
---|
440 | 440 | | cause shown. If, upon examination, the commissioner finds that the 346 |
---|
441 | 441 | | company is liable for the payment of an additional tax, the 347 |
---|
442 | 442 | | commissioner shall, within a reasonable time from the receipt of such 348 |
---|
443 | 443 | | amended return, notify the company of the amount of such additional 349 |
---|
444 | 444 | | tax, together with interest thereon computed at the rate of one per cent 350 |
---|
445 | 445 | | per month or fraction thereof from the date when the original tax 351 |
---|
446 | 446 | | became due and payable. [Within] Not later than thirty days [of the 352 |
---|
447 | 447 | | mailing of] after the date on which such notice is mailed, the company 353 |
---|
448 | 448 | | shall pay to the commissioner, in cash or by check, draft or money order, 354 |
---|
449 | 449 | | drawn to the order of the Commissioner of Revenue Services, the 355 |
---|
450 | 450 | | amount of such additional tax and interest. If, upon examination of such 356 |
---|
451 | 451 | | amended return and related information, the commissioner finds that 357 |
---|
452 | 452 | | the company has overpaid the tax due the state and has not received 358 |
---|
453 | 453 | | from or been allowed by the United States government, or any agency 359 |
---|
454 | 454 | | thereof, a credit or a benefit, as a deduction or otherwise, for or by 360 |
---|
455 | 455 | | reason of such overpayment, the company shall be paid by the State 361 |
---|
456 | 456 | | Treasurer, upon order of the Comptroller, the amount of such 362 |
---|
457 | 457 | | Raised Bill No. 7270 |
---|
458 | 458 | | |
---|
459 | 459 | | |
---|
460 | 460 | | |
---|
461 | 461 | | LCO No. 6964 13 of 39 |
---|
462 | 462 | | |
---|
463 | 463 | | overpayment. If the commissioner determines that the company's claim 363 |
---|
464 | 464 | | of overpayment is not valid, either in whole or in part, the commissioner 364 |
---|
465 | 465 | | shall mail notice of the proposed disallowance in whole or in part of the 365 |
---|
466 | 466 | | claim to the company, which notice shall set forth briefly the 366 |
---|
467 | 467 | | commissioner's findings of fact and the basis of disallowance in each 367 |
---|
468 | 468 | | case decided in whole or in part adversely to the claimant. Sixty days 368 |
---|
469 | 469 | | after the date on which it is mailed, a notice of proposed disallowance 369 |
---|
470 | 470 | | shall constitute a final disallowance except only for such amounts as to 370 |
---|
471 | 471 | | which the company has filed, as provided in subdivision (2) of this 371 |
---|
472 | 472 | | subsection, a written protest with the commissioner. 372 |
---|
473 | 473 | | (2) On or before the sixtieth day after the mailing of the proposed 373 |
---|
474 | 474 | | disallowance, the company may file with the commissioner a written 374 |
---|
475 | 475 | | protest against the proposed disallowance in [which it sets forth the 375 |
---|
476 | 476 | | grounds on which the protest is based] accordance with the provisions 376 |
---|
477 | 477 | | of section 1 of this act. If a valid protest is filed, the commissioner shall 377 |
---|
478 | 478 | | reconsider the proposed disallowance and, if the company has so 378 |
---|
479 | 479 | | requested, may grant or deny the company or its authorized 379 |
---|
480 | 480 | | representatives an oral hearing. 380 |
---|
481 | 481 | | (3) The commissioner shall mail notice of [his] the commissioner's 381 |
---|
482 | 482 | | determination to the company, which notice shall set forth briefly the 382 |
---|
483 | 483 | | commissioner's findings of fact and the basis of decision in each case 383 |
---|
484 | 484 | | decided in whole or in part adversely to the company. 384 |
---|
485 | 485 | | (4) The action of the commissioner on the company's protest, other 385 |
---|
486 | 486 | | than a protest deemed invalid under section 1 of this act, shall be final 386 |
---|
487 | 487 | | upon the expiration of one month from the date on which [he] the 387 |
---|
488 | 488 | | commissioner mails notice of his or her action to the company unless 388 |
---|
489 | 489 | | within such period the company seeks judicial review of the 389 |
---|
490 | 490 | | commissioner's determination pursuant to section 12-237. 390 |
---|
491 | 491 | | Sec. 5. Section 12-236 of the general statutes is repealed and the 391 |
---|
492 | 492 | | following is substituted in lieu thereof (Effective October 1, 2025, and 392 |
---|
493 | 493 | | applicable to hearing applications filed on or after October 1, 2025): 393 |
---|
494 | 494 | | Raised Bill No. 7270 |
---|
495 | 495 | | |
---|
496 | 496 | | |
---|
497 | 497 | | |
---|
498 | 498 | | LCO No. 6964 14 of 39 |
---|
499 | 499 | | |
---|
500 | 500 | | Any taxpayer, aggrieved by the action of the commissioner or his 394 |
---|
501 | 501 | | authorized agent in fixing the amount of any tax, penalty or interest 395 |
---|
502 | 502 | | provided for by this part, may apply to the commissioner, in writing, 396 |
---|
503 | 503 | | [within] not later than sixty days after the notice of such action is 397 |
---|
504 | 504 | | delivered or mailed to it, for a hearing and a correction of the amount of 398 |
---|
505 | 505 | | the tax, penalty or interest so fixed, [setting forth the reasons why such 399 |
---|
506 | 506 | | hearing should be granted and the amount in which such tax, penalty 400 |
---|
507 | 507 | | or interest should be reduced] in accordance with the provisions of 401 |
---|
508 | 508 | | section 1 of this act. The commissioner shall promptly consider each 402 |
---|
509 | 509 | | [such] valid application and may grant or deny the hearing requested. 403 |
---|
510 | 510 | | If the hearing is denied, the applicant shall be notified thereof forthwith. 404 |
---|
511 | 511 | | If it is granted, the commissioner shall notify the applicant of the time 405 |
---|
512 | 512 | | and place fixed for such hearing. After such hearing the commissioner 406 |
---|
513 | 513 | | may make such order in the premises as appears to [him] the 407 |
---|
514 | 514 | | commissioner just and lawful and shall furnish a copy of such order to 408 |
---|
515 | 515 | | the applicant. The commissioner may, by notice in writing, at any time 409 |
---|
516 | 516 | | within three years after the date when any return of any taxpayer has 410 |
---|
517 | 517 | | been due, order a hearing on [his] the commissioner's own initiative and 411 |
---|
518 | 518 | | require the taxpayer or any other individual [whom he] who the 412 |
---|
519 | 519 | | commissioner believes to be in possession of relevant information 413 |
---|
520 | 520 | | concerning the taxpayer to appear before [him or his] the commissioner 414 |
---|
521 | 521 | | or the commissioner's authorized agent with any specified books of 415 |
---|
522 | 522 | | account, papers or other documents, for examination under oath. 416 |
---|
523 | 523 | | Sec. 6. Section 12-268i of the general statutes is repealed and the 417 |
---|
524 | 524 | | following is substituted in lieu thereof (Effective October 1, 2025, and 418 |
---|
525 | 525 | | applicable to hearing applications filed on or after October 1, 2025): 419 |
---|
526 | 526 | | Any taxpayer aggrieved by the action of the commissioner or [his] 420 |
---|
527 | 527 | | the commissioner's authorized agent in fixing the amount of any tax, 421 |
---|
528 | 528 | | penalty or interest provided for by chapter 210, 211 or 212 or this chapter 422 |
---|
529 | 529 | | may apply to the commissioner, in writing, [within] not later than sixty 423 |
---|
530 | 530 | | days after the notice of such action is delivered or mailed to it, for a 424 |
---|
531 | 531 | | hearing and a correction of the amount of such tax, penalty or interest 425 |
---|
532 | 532 | | so fixed, [setting forth the reasons why such hearing should be granted 426 |
---|
533 | 533 | | Raised Bill No. 7270 |
---|
534 | 534 | | |
---|
535 | 535 | | |
---|
536 | 536 | | |
---|
537 | 537 | | LCO No. 6964 15 of 39 |
---|
538 | 538 | | |
---|
539 | 539 | | and the amount in which such tax, penalty or interest should be 427 |
---|
540 | 540 | | reduced] in accordance with the provisions of section 1 of this act. The 428 |
---|
541 | 541 | | commissioner shall promptly consider each [such] valid application and 429 |
---|
542 | 542 | | may grant or deny the hearing requested. If the hearing is denied, the 430 |
---|
543 | 543 | | applicant shall be notified thereof forthwith. If it is granted, the 431 |
---|
544 | 544 | | commissioner shall notify the applicant of the time and place fixed for 432 |
---|
545 | 545 | | such hearing. After such hearing the commissioner may make such 433 |
---|
546 | 546 | | order in the premises as appears to [him] the commissioner just and 434 |
---|
547 | 547 | | lawful and shall furnish a copy of such order to the applicant. The 435 |
---|
548 | 548 | | commissioner may, by notice in writing, at any time within three years 436 |
---|
549 | 549 | | after the date when any return of any taxpayer has been due, order a 437 |
---|
550 | 550 | | hearing on [his] the commissioner's own initiative and require the 438 |
---|
551 | 551 | | taxpayer or any other individual [whom he] who the commissioner 439 |
---|
552 | 552 | | believes to be in possession of relevant information concerning the 440 |
---|
553 | 553 | | taxpayer to appear before [him or his] the commissioner or the 441 |
---|
554 | 554 | | commissioner's authorized agent with any specified books of account, 442 |
---|
555 | 555 | | papers or other documents, for examination under oath. 443 |
---|
556 | 556 | | Sec. 7. Section 12-311 of the general statutes is repealed and the 444 |
---|
557 | 557 | | following is substituted in lieu thereof (Effective October 1, 2025, and 445 |
---|
558 | 558 | | applicable to hearing applications filed on or after October 1, 2025): 446 |
---|
559 | 559 | | Any person aggrieved by any action under this chapter of the 447 |
---|
560 | 560 | | commissioner or the commissioner's authorized agent, for which a 448 |
---|
561 | 561 | | hearing is not elsewhere provided, may apply to the commissioner for 449 |
---|
562 | 562 | | a hearing, in writing, not later than sixty days after the notice of such 450 |
---|
563 | 563 | | action is delivered or mailed to such person, [setting forth the reasons 451 |
---|
564 | 564 | | why such hearing should be granted and the manner of relief sought] in 452 |
---|
565 | 565 | | accordance with the provisions of section 1 of this act. The commissioner 453 |
---|
566 | 566 | | shall promptly consider each [such] valid application and may grant or 454 |
---|
567 | 567 | | deny the hearing requested. If the hearing is denied, the applicant shall 455 |
---|
568 | 568 | | be notified thereof forthwith; if it is granted, the commissioner shall 456 |
---|
569 | 569 | | notify the applicant of the time and place fixed for such hearing. After 457 |
---|
570 | 570 | | such hearing, the commissioner may make such order in the premises 458 |
---|
571 | 571 | | as appears to the commissioner just and lawful and shall furnish a copy 459 |
---|
572 | 572 | | Raised Bill No. 7270 |
---|
573 | 573 | | |
---|
574 | 574 | | |
---|
575 | 575 | | |
---|
576 | 576 | | LCO No. 6964 16 of 39 |
---|
577 | 577 | | |
---|
578 | 578 | | of such order to the applicant. The commissioner may, by notice in 460 |
---|
579 | 579 | | writing, at any time, order a hearing on the commissioner's own 461 |
---|
580 | 580 | | initiative and require the taxpayer or any other individual whom the 462 |
---|
581 | 581 | | commissioner believes to be in possession of information concerning 463 |
---|
582 | 582 | | any manufacture, importation or sale of cigarettes that have escaped 464 |
---|
583 | 583 | | taxation to appear before the commissioner or the commissioner's 465 |
---|
584 | 584 | | authorized agent with any specific books of account, papers or other 466 |
---|
585 | 585 | | documents, for examination relative thereto. 467 |
---|
586 | 586 | | Sec. 8. Section 12-330l of the general statutes is repealed and the 468 |
---|
587 | 587 | | following is substituted in lieu thereof (Effective October 1, 2025, and 469 |
---|
588 | 588 | | applicable to hearing applications filed on or after October 1, 2025): 470 |
---|
589 | 589 | | Any person aggrieved by any action under this chapter of the 471 |
---|
590 | 590 | | commissioner or [his] the commissioner's authorized agent for which a 472 |
---|
591 | 591 | | hearing is not elsewhere provided may apply to the commissioner, in 473 |
---|
592 | 592 | | writing, [within] not later than sixty days after the notice of such action 474 |
---|
593 | 593 | | is delivered or mailed to [him] such person, for a hearing, [setting forth 475 |
---|
594 | 594 | | the reasons why such hearing should be granted and the manner of 476 |
---|
595 | 595 | | relief sought] in accordance with the provisions of section 1 of this act. 477 |
---|
596 | 596 | | The commissioner shall promptly consider each [such] valid application 478 |
---|
597 | 597 | | and may grant or deny the hearing requested. If the hearing is denied, 479 |
---|
598 | 598 | | the applicant shall be notified thereof forthwith. [; if] If it is granted, the 480 |
---|
599 | 599 | | commissioner shall notify the applicant of the time and place fixed for 481 |
---|
600 | 600 | | such hearing. After such hearing, the commissioner may make such 482 |
---|
601 | 601 | | order in the premises as appears to [him] the commissioner just and 483 |
---|
602 | 602 | | lawful and shall furnish a copy of such order to the applicant. The 484 |
---|
603 | 603 | | commissioner may, by notice in writing, at any time, order a hearing on 485 |
---|
604 | 604 | | [his] the commissioner's own initiative and require the taxpayer or any 486 |
---|
605 | 605 | | other individual [whom he] who the commissioner believes to be in 487 |
---|
606 | 606 | | possession of information concerning any manufacture, importation or 488 |
---|
607 | 607 | | sale of tobacco products [which] that have escaped taxation to appear 489 |
---|
608 | 608 | | before [him or his] the commissioner or the commissioner's authorized 490 |
---|
609 | 609 | | agent with any specific books of account, papers or other documents, 491 |
---|
610 | 610 | | for examination relative thereto. 492 |
---|
611 | 611 | | Raised Bill No. 7270 |
---|
612 | 612 | | |
---|
613 | 613 | | |
---|
614 | 614 | | |
---|
615 | 615 | | LCO No. 6964 17 of 39 |
---|
616 | 616 | | |
---|
617 | 617 | | Sec. 9. Section 12-418 of the general statutes is repealed and the 493 |
---|
618 | 618 | | following is substituted in lieu thereof (Effective October 1, 2025, and 494 |
---|
619 | 619 | | applicable to protests filed on or after October 1, 2025): 495 |
---|
620 | 620 | | (a) (1) Any person against whom an assessment or a reassessment is 496 |
---|
621 | 621 | | made under section 12-414a, 12-415, 12-416 or 12-424 or any person 497 |
---|
622 | 622 | | directly interested may file a written protest not later than sixty days 498 |
---|
623 | 623 | | after service upon such person of notice thereof. If a written protest is 499 |
---|
624 | 624 | | not filed within the sixty-day period, the assessment or reassessment 500 |
---|
625 | 625 | | becomes final at the expiration of the period. 501 |
---|
626 | 626 | | (2) Any person against whom an assessment or reassessment is made 502 |
---|
627 | 627 | | under section 12-417 or any person directly interested may file a written 503 |
---|
628 | 628 | | protest not later than ten days after service of notice upon such person. 504 |
---|
629 | 629 | | If a written protest is not filed within such ten-day period, the 505 |
---|
630 | 630 | | assessment or reassessment becomes final at the expiration of the 506 |
---|
631 | 631 | | period. 507 |
---|
632 | 632 | | (3) Any written protest under this subsection shall be filed in 508 |
---|
633 | 633 | | accordance with the provisions of section 1 of this act. 509 |
---|
634 | 634 | | (b) If a [written] valid protest is filed within the [sixty-day period, in 510 |
---|
635 | 635 | | the case of an assessment or reassessment made under section 12-414a, 511 |
---|
636 | 636 | | 12-415, 12-416 or 12-424, or within the ten-day period, in the case of an 512 |
---|
637 | 637 | | assessment or reassessment made under section 12-417] applicable time 513 |
---|
638 | 638 | | period set forth in subsection (a) of this section, the commissioner shall 514 |
---|
639 | 639 | | reconsider the assessment or reassessment and, if the person has so 515 |
---|
640 | 640 | | requested in the [petition] protest, shall, in the commissioner's 516 |
---|
641 | 641 | | discretion, grant the person an oral hearing and shall give such person 517 |
---|
642 | 642 | | ten days' notice of the time and place of the hearing. The commissioner 518 |
---|
643 | 643 | | may continue the hearing from time to time, as may be necessary, and 519 |
---|
644 | 644 | | may assign the conduct of such hearing to a representative of the 520 |
---|
645 | 645 | | commissioner. 521 |
---|
646 | 646 | | (c) The commissioner may decrease or increase the amount of the 522 |
---|
647 | 647 | | assessment or reassessment before it becomes final, but the amount may 523 |
---|
648 | 648 | | Raised Bill No. 7270 |
---|
649 | 649 | | |
---|
650 | 650 | | |
---|
651 | 651 | | |
---|
652 | 652 | | LCO No. 6964 18 of 39 |
---|
653 | 653 | | |
---|
654 | 654 | | be increased only if a claim for the increase is asserted by the 524 |
---|
655 | 655 | | commissioner at or before the hearing. 525 |
---|
656 | 656 | | (d) The order or decision of the commissioner upon a protest, other 526 |
---|
657 | 657 | | than a protest deemed invalid under section 1 of this act, becomes final 527 |
---|
658 | 658 | | one month after service upon the person filing the protest of notice 528 |
---|
659 | 659 | | thereof unless within such period such person seeks judicial review of 529 |
---|
660 | 660 | | the commissioner's order or decision pursuant to section 12-422. 530 |
---|
661 | 661 | | (e) All assessments or reassessments made by the commissioner 531 |
---|
662 | 662 | | under section 12-414a, 12-415, 12-416 or 12-424 are due and payable at 532 |
---|
663 | 663 | | the time they become final. 533 |
---|
664 | 664 | | (f) Any notice required by this section shall be served personally or 534 |
---|
665 | 665 | | by mail in the manner prescribed for service of notice of a deficiency 535 |
---|
666 | 666 | | assessment. 536 |
---|
667 | 667 | | Sec. 10. Section 12-447 of the general statutes is repealed and the 537 |
---|
668 | 668 | | following is substituted in lieu thereof (Effective October 1, 2025, and 538 |
---|
669 | 669 | | applicable to hearing applications filed on or after October 1, 2025): 539 |
---|
670 | 670 | | Any person aggrieved by the action of the commissioner or [his] the 540 |
---|
671 | 671 | | commissioner's authorized agent in fixing the amount of any tax as 541 |
---|
672 | 672 | | provided by this chapter, or in imposing any penalty hereunder, may 542 |
---|
673 | 673 | | apply to the commissioner, in writing, [within] not later than sixty days 543 |
---|
674 | 674 | | after the notice of such action was mailed to [him] such person, for a 544 |
---|
675 | 675 | | hearing and a correction of the amount of the tax or penalty so fixed, 545 |
---|
676 | 676 | | [setting forth the reasons why such hearing should be granted and the 546 |
---|
677 | 677 | | amount in which such tax should be reduced] in accordance with the 547 |
---|
678 | 678 | | provisions of section 1 of this act. The commissioner shall promptly 548 |
---|
679 | 679 | | consider each [such] valid application and may grant or deny the 549 |
---|
680 | 680 | | hearing requested. If the hearing is denied, the applicant shall be 550 |
---|
681 | 681 | | notified thereof forthwith. [; if] If it is granted, the commissioner shall 551 |
---|
682 | 682 | | notify the applicant of the time and place fixed for such hearing. After 552 |
---|
683 | 683 | | such hearing, the commissioner may make such order in the premises 553 |
---|
684 | 684 | | as appears to him just and lawful and shall furnish a copy of such order 554 |
---|
685 | 685 | | Raised Bill No. 7270 |
---|
686 | 686 | | |
---|
687 | 687 | | |
---|
688 | 688 | | |
---|
689 | 689 | | LCO No. 6964 19 of 39 |
---|
690 | 690 | | |
---|
691 | 691 | | to the applicant. The commissioner may, by notice in writing, at any 555 |
---|
692 | 692 | | time within three years after the date when any return of any taxpayer 556 |
---|
693 | 693 | | has been due, order a hearing on [his] the commissioner's own initiative 557 |
---|
694 | 694 | | and require the taxpayer or any other individual [whom he] who the 558 |
---|
695 | 695 | | commissioner believes to be in possession of information concerning 559 |
---|
696 | 696 | | any manufacture, importation or sale of alcoholic beverages [which] 560 |
---|
697 | 697 | | that have escaped taxation to appear before [him or his] the 561 |
---|
698 | 698 | | commissioner or the commissioner's authorized agent with any 562 |
---|
699 | 699 | | specified books of account, papers or other documents, for examination 563 |
---|
700 | 700 | | relative thereto. 564 |
---|
701 | 701 | | Sec. 11. Section 12-461 of the general statutes is repealed and the 565 |
---|
702 | 702 | | following is substituted in lieu thereof (Effective October 1, 2025, and 566 |
---|
703 | 703 | | applicable to hearing applications filed on or after October 1, 2025): 567 |
---|
704 | 704 | | Any distributor aggrieved by the action of the commissioner or [his] 568 |
---|
705 | 705 | | the commissioner's authorized agent in fixing the amount of any tax, 569 |
---|
706 | 706 | | penalty or interest provided for by this chapter may apply to the 570 |
---|
707 | 707 | | commissioner, in writing, [within] not later than sixty days after the 571 |
---|
708 | 708 | | notice of such action is delivered or mailed to it, for a hearing and a 572 |
---|
709 | 709 | | correction of the amount of such tax, penalty or interest so fixed, [setting 573 |
---|
710 | 710 | | forth the reasons why such hearing should be granted and the amount 574 |
---|
711 | 711 | | in which such tax, penalty or interest should be reduced] in accordance 575 |
---|
712 | 712 | | with the provisions of section 1 of this act. The commissioner shall 576 |
---|
713 | 713 | | promptly consider each [such] valid application and may grant or deny 577 |
---|
714 | 714 | | the hearing requested. If the hearing is denied, the applicant shall be 578 |
---|
715 | 715 | | notified forthwith. If it is granted, the commissioner shall notify the 579 |
---|
716 | 716 | | applicant of the time and place fixed for such hearing. After such 580 |
---|
717 | 717 | | hearing the commissioner may make such order in the premises as 581 |
---|
718 | 718 | | appears to [him] the commissioner just and lawful and shall furnish a 582 |
---|
719 | 719 | | copy of such order to the applicant. The commissioner may, by notice in 583 |
---|
720 | 720 | | writing, at any time within three years after the date when any return of 584 |
---|
721 | 721 | | any distributor has been due, order a hearing on [his] the 585 |
---|
722 | 722 | | commissioner's own initiative and require the distributor or any other 586 |
---|
723 | 723 | | individual [whom he] who the commissioner believes to be in 587 |
---|
724 | 724 | | Raised Bill No. 7270 |
---|
725 | 725 | | |
---|
726 | 726 | | |
---|
727 | 727 | | |
---|
728 | 728 | | LCO No. 6964 20 of 39 |
---|
729 | 729 | | |
---|
730 | 730 | | possession of relevant information concerning the distributor to appear 588 |
---|
731 | 731 | | before [him or his] the commissioner or the commissioner's authorized 589 |
---|
732 | 732 | | agent with any specified books of account, papers or other documents, 590 |
---|
733 | 733 | | for examination under oath. The commissioner, after a hearing, may 591 |
---|
734 | 734 | | suspend or revoke the distributor's license of any distributor violating 592 |
---|
735 | 735 | | any provision of this chapter. 593 |
---|
736 | 736 | | Sec. 12. Subsection (a) of section 12-489 of the general statutes is 594 |
---|
737 | 737 | | repealed and the following is substituted in lieu thereof (Effective October 595 |
---|
738 | 738 | | 1, 2025, and applicable to hearing applications filed on or after October 1, 596 |
---|
739 | 739 | | 2025): 597 |
---|
740 | 740 | | (a) Any motor carrier aggrieved by any act of the commissioner or 598 |
---|
741 | 741 | | the commissioner's authorized agent under this chapter may apply to 599 |
---|
742 | 742 | | the commissioner, in writing, not later than sixty days after notification 600 |
---|
743 | 743 | | of any such act of the commissioner is delivered or mailed to the motor 601 |
---|
744 | 744 | | carrier, for a hearing and a correction of the amount of any tax, penalty 602 |
---|
745 | 745 | | or interest, [setting forth reasons why such hearing should be granted 603 |
---|
746 | 746 | | and the amount by which such tax, penalty or interest should be 604 |
---|
747 | 747 | | reduced] in accordance with the provisions of section 1 of this act. The 605 |
---|
748 | 748 | | commissioner shall promptly consider each [such] valid application and 606 |
---|
749 | 749 | | may grant or deny the hearing requested. If the hearing is denied, the 607 |
---|
750 | 750 | | applicant shall be notified forthwith. If it is granted, the commissioner 608 |
---|
751 | 751 | | shall notify the applicant of the time and place fixed for such hearing. 609 |
---|
752 | 752 | | After such hearing the commissioner may make such order in the 610 |
---|
753 | 753 | | premises as appears to the commissioner just and lawful and shall 611 |
---|
754 | 754 | | furnish a copy of such order to the applicant. The commissioner may, 612 |
---|
755 | 755 | | by notice in writing, at any time within three years after the date when 613 |
---|
756 | 756 | | any return of any taxpayer has been due, order a hearing on the 614 |
---|
757 | 757 | | commissioner's own initiative and require the taxpayer or any 615 |
---|
758 | 758 | | individual [whom] who the commissioner believes to be in possession 616 |
---|
759 | 759 | | of relevant information concerning the taxpayer to appear before the 617 |
---|
760 | 760 | | commissioner or the commissioner's authorized agent with any 618 |
---|
761 | 761 | | specified books of account, papers or other documents, for examination 619 |
---|
762 | 762 | | under oath. 620 |
---|
763 | 763 | | Raised Bill No. 7270 |
---|
764 | 764 | | |
---|
765 | 765 | | |
---|
766 | 766 | | |
---|
767 | 767 | | LCO No. 6964 21 of 39 |
---|
768 | 768 | | |
---|
769 | 769 | | Sec. 13. Subsection (k) of section 12-493a of the general statutes is 621 |
---|
770 | 770 | | repealed and the following is substituted in lieu thereof (Effective October 622 |
---|
771 | 771 | | 1, 2025, and applicable to hearing applications filed on or after October 1, 623 |
---|
772 | 772 | | 2025): 624 |
---|
773 | 773 | | (k) Any carrier that is aggrieved by the action of the commissioner or 625 |
---|
774 | 774 | | an authorized agent of the commissioner in fixing the amount of any 626 |
---|
775 | 775 | | tax, penalty or interest under this section may apply to the 627 |
---|
776 | 776 | | commissioner, in writing, not later than sixty days after the notice of 628 |
---|
777 | 777 | | such action is delivered or mailed to such carrier, for a hearing and a 629 |
---|
778 | 778 | | correction of the amount of such tax, penalty or interest, [setting forth 630 |
---|
779 | 779 | | the reasons why such hearing should be granted and the amount by 631 |
---|
780 | 780 | | which such tax, penalty or interest should be reduced] in accordance 632 |
---|
781 | 781 | | with the provisions of section 1 of this act. The commissioner shall 633 |
---|
782 | 782 | | promptly consider each [such] valid application and may grant or deny 634 |
---|
783 | 783 | | the hearing requested. If the hearing request is denied, the carrier shall 635 |
---|
784 | 784 | | be notified forthwith. If the hearing request is granted, the 636 |
---|
785 | 785 | | commissioner shall notify the carrier of the date, time and place for such 637 |
---|
786 | 786 | | hearing. After such hearing, the commissioner may make such order as 638 |
---|
787 | 787 | | appears just and lawful to the commissioner and shall furnish a copy of 639 |
---|
788 | 788 | | such order to the carrier. The commissioner may, by notice in writing, 640 |
---|
789 | 789 | | order a hearing on the commissioner's own initiative and require a 641 |
---|
790 | 790 | | carrier or any other individual who the commissioner believes to be in 642 |
---|
791 | 791 | | possession of relevant information concerning such carrier to appear 643 |
---|
792 | 792 | | before the commissioner or the commissioner's authorized agent with 644 |
---|
793 | 793 | | any specified books of account, papers or other documents, for 645 |
---|
794 | 794 | | examination under oath. 646 |
---|
795 | 795 | | Sec. 14. Section 12-553 of the general statutes is repealed and the 647 |
---|
796 | 796 | | following is substituted in lieu thereof (Effective October 1, 2025, and 648 |
---|
797 | 797 | | applicable to hearing applications filed on or after October 1, 2025): 649 |
---|
798 | 798 | | Any taxpayer, aggrieved by the action of the commissioner or [his] 650 |
---|
799 | 799 | | the commissioner's authorized agent in fixing the amount of any tax, 651 |
---|
800 | 800 | | penalty or interest provided for by this chapter, may apply to the 652 |
---|
801 | 801 | | Raised Bill No. 7270 |
---|
802 | 802 | | |
---|
803 | 803 | | |
---|
804 | 804 | | |
---|
805 | 805 | | LCO No. 6964 22 of 39 |
---|
806 | 806 | | |
---|
807 | 807 | | commissioner, in writing, [within] not later than sixty days after notice 653 |
---|
808 | 808 | | of such action is delivered or mailed to [him] such taxpayer, for a 654 |
---|
809 | 809 | | hearing and a correction of the amount of the tax, penalty or interest so 655 |
---|
810 | 810 | | fixed, [setting forth the reasons why such hearing should be granted and 656 |
---|
811 | 811 | | the amount of the tax, penalty or interest should be reduced] in 657 |
---|
812 | 812 | | accordance with the provisions of section 1 of this act. The commissioner 658 |
---|
813 | 813 | | shall promptly consider each [such] valid application and may grant or 659 |
---|
814 | 814 | | deny the hearing requested. If the hearing is denied, the applicant shall 660 |
---|
815 | 815 | | be notified thereof forthwith. If it is granted, the commissioner shall 661 |
---|
816 | 816 | | notify the applicant of the time and place fixed for such hearing. After 662 |
---|
817 | 817 | | such hearing the commissioner may make such order in the premises as 663 |
---|
818 | 818 | | appears to [him] the commissioner just and lawful and shall furnish a 664 |
---|
819 | 819 | | copy of such order to the applicant. The commissioner may, by notice in 665 |
---|
820 | 820 | | writing, at any time within three years after the date when any return of 666 |
---|
821 | 821 | | any taxpayer has been due, order a hearing on [his] the commissioner's 667 |
---|
822 | 822 | | own initiative and require the taxpayer or any other individual [whom 668 |
---|
823 | 823 | | he] who the commissioner believes to be in possession of relevant 669 |
---|
824 | 824 | | information concerning the taxpayer to appear before [him or his] the 670 |
---|
825 | 825 | | commissioner or the commissioner's authorized agent with any 671 |
---|
826 | 826 | | specified books of account, papers or other documents, for examination 672 |
---|
827 | 827 | | under oath. 673 |
---|
828 | 828 | | Sec. 15. Section 12-595 of the general statutes is repealed and the 674 |
---|
829 | 829 | | following is substituted in lieu thereof (Effective October 1, 2025, and 675 |
---|
830 | 830 | | applicable to hearing applications filed on or after October 1, 2025): 676 |
---|
831 | 831 | | Any taxpayer aggrieved by the action of the Commissioner of 677 |
---|
832 | 832 | | Revenue Services or an authorized agent of said commissioner in fixing 678 |
---|
833 | 833 | | the amount of tax imposed under section 12-587 or any penalty or 679 |
---|
834 | 834 | | interest related thereto may apply to said commissioner in writing, 680 |
---|
835 | 835 | | [within] not later than sixty days after notice of such action is delivered 681 |
---|
836 | 836 | | or mailed to such taxpayer, for a hearing and a correction of the amount 682 |
---|
837 | 837 | | of such tax, penalty or interest so fixed, [setting forth the reasons why 683 |
---|
838 | 838 | | such hearing should be granted and the amount in which such tax, 684 |
---|
839 | 839 | | penalty or interest should be reduced] in accordance with the provisions 685 |
---|
840 | 840 | | Raised Bill No. 7270 |
---|
841 | 841 | | |
---|
842 | 842 | | |
---|
843 | 843 | | |
---|
844 | 844 | | LCO No. 6964 23 of 39 |
---|
845 | 845 | | |
---|
846 | 846 | | of section 1 of this act. Said commissioner shall promptly consider each 686 |
---|
847 | 847 | | [such] valid application and may grant or deny the hearing requested. 687 |
---|
848 | 848 | | If the hearing is denied, the applicant shall be notified thereof forthwith. 688 |
---|
849 | 849 | | If it is granted, said commissioner shall notify the applicant of the time 689 |
---|
850 | 850 | | and place fixed for such hearing. After such hearing said commissioner 690 |
---|
851 | 851 | | may make such order in the premises as appears to [him] said 691 |
---|
852 | 852 | | commissioner just and lawful and shall furnish a copy of such order to 692 |
---|
853 | 853 | | the applicant. Said commissioner may, by notice in writing, at any time 693 |
---|
854 | 854 | | within three years after the date when any return of any taxpayer has 694 |
---|
855 | 855 | | been due, order a hearing on [his] said commissioner's own initiative 695 |
---|
856 | 856 | | and require the taxpayer or any other individual [whom he] who said 696 |
---|
857 | 857 | | believes to be in possession of relevant information concerning the 697 |
---|
858 | 858 | | taxpayer to appear before [him or his] said commissioner or said 698 |
---|
859 | 859 | | commissioner's authorized agent with any specified books of account, 699 |
---|
860 | 860 | | papers or other documents, for examination under oath. 700 |
---|
861 | 861 | | Sec. 16. Section 12-729 of the general statutes is repealed and the 701 |
---|
862 | 862 | | following is substituted in lieu thereof (Effective October 1, 2025, and 702 |
---|
863 | 863 | | applicable to protests filed on or after October 1, 2025): 703 |
---|
864 | 864 | | (a) Sixty days after the date on which it is mailed, a notice of proposed 704 |
---|
865 | 865 | | assessment of a deficiency shall constitute a final assessment of the 705 |
---|
866 | 866 | | amount of tax specified together with interest, additions to tax and 706 |
---|
867 | 867 | | penalties except only for such amounts as to which the taxpayer has 707 |
---|
868 | 868 | | filed a protest with the Commissioner of Revenue Services. 708 |
---|
869 | 869 | | (b) [Within] Not later than sixty days after the mailing of a deficiency 709 |
---|
870 | 870 | | notice, the taxpayer may file with the commissioner a written protest 710 |
---|
871 | 871 | | against the proposed assessment in [which he shall set forth the grounds 711 |
---|
872 | 872 | | on which the protest is based] accordance with the provisions of section 712 |
---|
873 | 873 | | 1 of this act. If a valid protest is filed, the commissioner shall reconsider 713 |
---|
874 | 874 | | the assessment of the deficiency and, if the taxpayer has so requested, 714 |
---|
875 | 875 | | may grant or deny the taxpayer or the taxpayer's authorized 715 |
---|
876 | 876 | | representatives an oral hearing. 716 |
---|
877 | 877 | | Raised Bill No. 7270 |
---|
878 | 878 | | |
---|
879 | 879 | | |
---|
880 | 880 | | |
---|
881 | 881 | | LCO No. 6964 24 of 39 |
---|
882 | 882 | | |
---|
883 | 883 | | (c) Notice of the commissioner's determination shall be mailed to the 717 |
---|
884 | 884 | | taxpayer and such notice shall set forth briefly the commissioner's 718 |
---|
885 | 885 | | findings of fact and the basis of decision in each case decided in whole 719 |
---|
886 | 886 | | or in part adversely to the taxpayer. 720 |
---|
887 | 887 | | (d) The action of the commissioner on the taxpayer's protest, other 721 |
---|
888 | 888 | | than a protest deemed invalid under section 1 of this act shall be final 722 |
---|
889 | 889 | | upon the expiration of one month from the date on which [he] the 723 |
---|
890 | 890 | | commissioner mails notice of [his] the commissioner's action to the 724 |
---|
891 | 891 | | taxpayer unless within such period the taxpayer seeks judicial review of 725 |
---|
892 | 892 | | the commissioner's determination. 726 |
---|
893 | 893 | | Sec. 17. Subsection (b) of section 12-790c of the general statutes is 727 |
---|
894 | 894 | | repealed and the following is substituted in lieu thereof (Effective October 728 |
---|
895 | 895 | | 1, 2025, and applicable to hearing requests filed on or after October 1, 2025): 729 |
---|
896 | 896 | | (b) (1) The commissioner may issue a written order notifying a tax 730 |
---|
897 | 897 | | preparer or facilitator of the suspension or revocation of such tax 731 |
---|
898 | 898 | | preparer's or facilitator's permit for good cause shown. Such notice shall 732 |
---|
899 | 899 | | include the right of the tax preparer or facilitator to request, in writing, 733 |
---|
900 | 900 | | a hearing before the commissioner in accordance with the provisions of 734 |
---|
901 | 901 | | section 1 of this act, provided such request is received by the 735 |
---|
902 | 902 | | commissioner not later than thirty days after the date of such notice. 736 |
---|
903 | 903 | | (2) If a hearing is timely requested and complies with the 737 |
---|
904 | 904 | | requirements of section 1 of this act, the commissioner shall, not later 738 |
---|
905 | 905 | | than thirty days after the receipt of the request, convene such hearing as 739 |
---|
906 | 906 | | a contested case in accordance with the provisions of chapter 54. Not 740 |
---|
907 | 907 | | later than sixty days after the receipt of the request, the commissioner 741 |
---|
908 | 908 | | shall issue a final decision vacating, modifying or affirming the 742 |
---|
909 | 909 | | commissioner's order. Any person aggrieved by such final decision may 743 |
---|
910 | 910 | | appeal such decision in accordance with the provisions of section 4-183. 744 |
---|
911 | 911 | | Sec. 18. (NEW) (Effective from passage) Commencing July 1, 2025, the 745 |
---|
912 | 912 | | Commissioner of Revenue Services shall track and record the source of 746 |
---|
913 | 913 | | the revenue received by the state each fiscal year from the tax imposed 747 |
---|
914 | 914 | | Raised Bill No. 7270 |
---|
915 | 915 | | |
---|
916 | 916 | | |
---|
917 | 917 | | |
---|
918 | 918 | | LCO No. 6964 25 of 39 |
---|
919 | 919 | | |
---|
920 | 920 | | under chapters 208, 219 and 229 of the general statutes, for the purpose 748 |
---|
921 | 921 | | of accurately and fairly attributing to each municipality revenue 749 |
---|
922 | 922 | | received from each such tax. The commissioner shall determine the 750 |
---|
923 | 923 | | sourcing method for the revenue from the tax imposed under chapters 751 |
---|
924 | 924 | | 208 and 219 of the general statutes, provided such revenue is sourced to 752 |
---|
925 | 925 | | each municipality in which the taxpayer has an office or facility in the 753 |
---|
926 | 926 | | state. The revenue from the tax imposed under chapter 229 of the 754 |
---|
927 | 927 | | general statutes shall be sourced to the municipality in which the 755 |
---|
928 | 928 | | employer's office or facility is located, for the employees who work 756 |
---|
929 | 929 | | primarily at such location. Taxpayers paying a tax specified in this 757 |
---|
930 | 930 | | subsection shall provide disaggregated information and such other data 758 |
---|
931 | 931 | | the commissioner requests to carry out the provisions of this section. On 759 |
---|
932 | 932 | | or before June 30, 2026, and annually thereafter, the commissioner shall 760 |
---|
933 | 933 | | post on the Department of Revenue Services' Internet web site a list of 761 |
---|
934 | 934 | | all municipalities and the amount of revenue from each such tax 762 |
---|
935 | 935 | | attributed to the municipality for the applicable fiscal year. 763 |
---|
936 | 936 | | Sec. 19. Subparagraph (B) of subdivision (20) of subsection (a) of 764 |
---|
937 | 937 | | section 12-701 of the general statutes is repealed and the following is 765 |
---|
938 | 938 | | substituted in lieu thereof (Effective January 1, 2026, and applicable to 766 |
---|
939 | 939 | | taxable years commencing on or after January 1, 2026): 767 |
---|
940 | 940 | | (B) There shall be subtracted therefrom: 768 |
---|
941 | 941 | | (i) To the extent properly includable in gross income for federal 769 |
---|
942 | 942 | | income tax purposes, any income with respect to which taxation by any 770 |
---|
943 | 943 | | state is prohibited by federal law; 771 |
---|
944 | 944 | | (ii) To the extent allowable under section 12-718, exempt dividends 772 |
---|
945 | 945 | | paid by a regulated investment company; 773 |
---|
946 | 946 | | (iii) To the extent properly includable in gross income for federal 774 |
---|
947 | 947 | | income tax purposes, the amount of any refund or credit for 775 |
---|
948 | 948 | | overpayment of income taxes imposed by this state, or any other state 776 |
---|
949 | 949 | | of the United States or a political subdivision thereof, or the District of 777 |
---|
950 | 950 | | Columbia; 778 |
---|
951 | 951 | | Raised Bill No. 7270 |
---|
952 | 952 | | |
---|
953 | 953 | | |
---|
954 | 954 | | |
---|
955 | 955 | | LCO No. 6964 26 of 39 |
---|
956 | 956 | | |
---|
957 | 957 | | (iv) To the extent properly includable in gross income for federal 779 |
---|
958 | 958 | | income tax purposes and not otherwise subtracted from federal 780 |
---|
959 | 959 | | adjusted gross income pursuant to clause (x) of this subparagraph in 781 |
---|
960 | 960 | | computing Connecticut adjusted gross income, any tier 1 railroad 782 |
---|
961 | 961 | | retirement benefits; 783 |
---|
962 | 962 | | (v) To the extent any additional allowance for depreciation under 784 |
---|
963 | 963 | | Section 168(k) of the Internal Revenue Code for property placed in 785 |
---|
964 | 964 | | service after September 27, 2017, was added to federal adjusted gross 786 |
---|
965 | 965 | | income pursuant to subparagraph (A)(ix) of this subdivision in 787 |
---|
966 | 966 | | computing Connecticut adjusted gross income, twenty-five per cent of 788 |
---|
967 | 967 | | such additional allowance for depreciation in each of the four 789 |
---|
968 | 968 | | succeeding taxable years; 790 |
---|
969 | 969 | | (vi) To the extent properly includable in gross income for federal 791 |
---|
970 | 970 | | income tax purposes, any interest income from obligations issued by or 792 |
---|
971 | 971 | | on behalf of the state of Connecticut, any political subdivision thereof, 793 |
---|
972 | 972 | | or public instrumentality, state or local authority, district or similar 794 |
---|
973 | 973 | | public entity created under the laws of the state of Connecticut; 795 |
---|
974 | 974 | | (vii) To the extent properly includable in determining the net gain or 796 |
---|
975 | 975 | | loss from the sale or other disposition of capital assets for federal income 797 |
---|
976 | 976 | | tax purposes, any gain from the sale or exchange of obligations issued 798 |
---|
977 | 977 | | by or on behalf of the state of Connecticut, any political subdivision 799 |
---|
978 | 978 | | thereof, or public instrumentality, state or local authority, district or 800 |
---|
979 | 979 | | similar public entity created under the laws of the state of Connecticut, 801 |
---|
980 | 980 | | in the income year such gain was recognized; 802 |
---|
981 | 981 | | (viii) (I) Any interest on indebtedness incurred or continued to 803 |
---|
982 | 982 | | purchase or carry obligations or securities the interest on which is 804 |
---|
983 | 983 | | subject to tax under this chapter but exempt from federal income tax, to 805 |
---|
984 | 984 | | the extent that such interest on indebtedness is not deductible in 806 |
---|
985 | 985 | | determining federal adjusted gross income and is attributable to a trade 807 |
---|
986 | 986 | | or business carried on by such individual, and (II) the amortizable bond 808 |
---|
987 | 987 | | premium for the taxable year on any bond the interest on which is 809 |
---|
988 | 988 | | Raised Bill No. 7270 |
---|
989 | 989 | | |
---|
990 | 990 | | |
---|
991 | 991 | | |
---|
992 | 992 | | LCO No. 6964 27 of 39 |
---|
993 | 993 | | |
---|
994 | 994 | | subject to tax under this chapter but exempt from federal income tax, to 810 |
---|
995 | 995 | | the extent that such premiums are not deductible in determining federal 811 |
---|
996 | 996 | | adjusted gross income; 812 |
---|
997 | 997 | | (ix) Ordinary and necessary expenses paid or incurred during the 813 |
---|
998 | 998 | | taxable year for the production or collection of income which is subject 814 |
---|
999 | 999 | | to taxation under this chapter but exempt from federal income tax, or 815 |
---|
1000 | 1000 | | the management, conservation or maintenance of property held for the 816 |
---|
1001 | 1001 | | production of such income, [and the amortizable bond premium for the 817 |
---|
1002 | 1002 | | taxable year on any bond the interest on which is subject to tax under 818 |
---|
1003 | 1003 | | this chapter but exempt from federal income tax,] to the extent that such 819 |
---|
1004 | 1004 | | expenses [and premiums] are not deductible in determining federal 820 |
---|
1005 | 1005 | | adjusted gross income and are attributable to a trade or business carried 821 |
---|
1006 | 1006 | | on by such individual; 822 |
---|
1007 | 1007 | | (x) (I) For taxable years commencing prior to January 1, 2019, for a 823 |
---|
1008 | 1008 | | person who files a return under the federal income tax as an unmarried 824 |
---|
1009 | 1009 | | individual whose federal adjusted gross income for such taxable year is 825 |
---|
1010 | 1010 | | less than fifty thousand dollars, or as a married individual filing 826 |
---|
1011 | 1011 | | separately whose federal adjusted gross income for such taxable year is 827 |
---|
1012 | 1012 | | less than fifty thousand dollars, or for a husband and wife who file a 828 |
---|
1013 | 1013 | | return under the federal income tax as married individuals filing jointly 829 |
---|
1014 | 1014 | | whose federal adjusted gross income for such taxable year is less than 830 |
---|
1015 | 1015 | | sixty thousand dollars or a person who files a return under the federal 831 |
---|
1016 | 1016 | | income tax as a head of household whose federal adjusted gross income 832 |
---|
1017 | 1017 | | for such taxable year is less than sixty thousand dollars, an amount 833 |
---|
1018 | 1018 | | equal to the Social Security benefits includable for federal income tax 834 |
---|
1019 | 1019 | | purposes; 835 |
---|
1020 | 1020 | | (II) For taxable years commencing prior to January 1, 2019, for a 836 |
---|
1021 | 1021 | | person who files a return under the federal income tax as an unmarried 837 |
---|
1022 | 1022 | | individual whose federal adjusted gross income for such taxable year is 838 |
---|
1023 | 1023 | | fifty thousand dollars or more, or as a married individual filing 839 |
---|
1024 | 1024 | | separately whose federal adjusted gross income for such taxable year is 840 |
---|
1025 | 1025 | | fifty thousand dollars or more, or for a husband and wife who file a 841 |
---|
1026 | 1026 | | Raised Bill No. 7270 |
---|
1027 | 1027 | | |
---|
1028 | 1028 | | |
---|
1029 | 1029 | | |
---|
1030 | 1030 | | LCO No. 6964 28 of 39 |
---|
1031 | 1031 | | |
---|
1032 | 1032 | | return under the federal income tax as married individuals filing jointly 842 |
---|
1033 | 1033 | | whose federal adjusted gross income from such taxable year is sixty 843 |
---|
1034 | 1034 | | thousand dollars or more or for a person who files a return under the 844 |
---|
1035 | 1035 | | federal income tax as a head of household whose federal adjusted gross 845 |
---|
1036 | 1036 | | income for such taxable year is sixty thousand dollars or more, an 846 |
---|
1037 | 1037 | | amount equal to the difference between the amount of Social Security 847 |
---|
1038 | 1038 | | benefits includable for federal income tax purposes and the lesser of 848 |
---|
1039 | 1039 | | twenty-five per cent of the Social Security benefits received during the 849 |
---|
1040 | 1040 | | taxable year, or twenty-five per cent of the excess described in Section 850 |
---|
1041 | 1041 | | 86(b)(1) of the Internal Revenue Code; 851 |
---|
1042 | 1042 | | (III) For the taxable year commencing January 1, 2019, and each 852 |
---|
1043 | 1043 | | taxable year thereafter, for a person who files a return under the federal 853 |
---|
1044 | 1044 | | income tax as an unmarried individual whose federal adjusted gross 854 |
---|
1045 | 1045 | | income for such taxable year is less than seventy-five thousand dollars, 855 |
---|
1046 | 1046 | | or as a married individual filing separately whose federal adjusted gross 856 |
---|
1047 | 1047 | | income for such taxable year is less than seventy-five thousand dollars, 857 |
---|
1048 | 1048 | | or for a husband and wife who file a return under the federal income tax 858 |
---|
1049 | 1049 | | as married individuals filing jointly whose federal adjusted gross 859 |
---|
1050 | 1050 | | income for such taxable year is less than one hundred thousand dollars 860 |
---|
1051 | 1051 | | or a person who files a return under the federal income tax as a head of 861 |
---|
1052 | 1052 | | household whose federal adjusted gross income for such taxable year is 862 |
---|
1053 | 1053 | | less than one hundred thousand dollars, an amount equal to the Social 863 |
---|
1054 | 1054 | | Security benefits includable for federal income tax purposes; and 864 |
---|
1055 | 1055 | | (IV) For the taxable year commencing January 1, 2019, and each 865 |
---|
1056 | 1056 | | taxable year thereafter, for a person who files a return under the federal 866 |
---|
1057 | 1057 | | income tax as an unmarried individual whose federal adjusted gross 867 |
---|
1058 | 1058 | | income for such taxable year is seventy-five thousand dollars or more, 868 |
---|
1059 | 1059 | | or as a married individual filing separately whose federal adjusted gross 869 |
---|
1060 | 1060 | | income for such taxable year is seventy-five thousand dollars or more, 870 |
---|
1061 | 1061 | | or for a husband and wife who file a return under the federal income tax 871 |
---|
1062 | 1062 | | as married individuals filing jointly whose federal adjusted gross 872 |
---|
1063 | 1063 | | income from such taxable year is one hundred thousand dollars or more 873 |
---|
1064 | 1064 | | or for a person who files a return under the federal income tax as a head 874 |
---|
1065 | 1065 | | Raised Bill No. 7270 |
---|
1066 | 1066 | | |
---|
1067 | 1067 | | |
---|
1068 | 1068 | | |
---|
1069 | 1069 | | LCO No. 6964 29 of 39 |
---|
1070 | 1070 | | |
---|
1071 | 1071 | | of household whose federal adjusted gross income for such taxable year 875 |
---|
1072 | 1072 | | is one hundred thousand dollars or more, an amount equal to the 876 |
---|
1073 | 1073 | | difference between the amount of Social Security benefits includable for 877 |
---|
1074 | 1074 | | federal income tax purposes and the lesser of twenty-five per cent of the 878 |
---|
1075 | 1075 | | Social Security benefits received during the taxable year, or twenty-five 879 |
---|
1076 | 1076 | | per cent of the excess described in Section 86(b)(1) of the Internal 880 |
---|
1077 | 1077 | | Revenue Code; 881 |
---|
1078 | 1078 | | (xi) To the extent properly includable in gross income for federal 882 |
---|
1079 | 1079 | | income tax purposes, any amount rebated to a taxpayer pursuant to 883 |
---|
1080 | 1080 | | section 12-746; 884 |
---|
1081 | 1081 | | (xii) To the extent properly includable in the gross income for federal 885 |
---|
1082 | 1082 | | income tax purposes of a designated beneficiary, any distribution to 886 |
---|
1083 | 1083 | | such beneficiary from any qualified state tuition program, as defined in 887 |
---|
1084 | 1084 | | Section 529(b) of the Internal Revenue Code, established and 888 |
---|
1085 | 1085 | | maintained by this state or any official, agency or instrumentality of the 889 |
---|
1086 | 1086 | | state; 890 |
---|
1087 | 1087 | | (xiii) To the extent allowable under section 12-701a, contributions to 891 |
---|
1088 | 1088 | | accounts established pursuant to any qualified state tuition program, as 892 |
---|
1089 | 1089 | | defined in Section 529(b) of the Internal Revenue Code, established and 893 |
---|
1090 | 1090 | | maintained by this state or any official, agency or instrumentality of the 894 |
---|
1091 | 1091 | | state; 895 |
---|
1092 | 1092 | | (xiv) To the extent properly includable in gross income for federal 896 |
---|
1093 | 1093 | | income tax purposes, the amount of any Holocaust victims' settlement 897 |
---|
1094 | 1094 | | payment received in the taxable year by a Holocaust victim; 898 |
---|
1095 | 1095 | | (xv) To the extent properly includable in the gross income for federal 899 |
---|
1096 | 1096 | | income tax purposes of a designated beneficiary, as defined in section 900 |
---|
1097 | 1097 | | 3-123aa, interest, dividends or capital gains earned on contributions to 901 |
---|
1098 | 1098 | | accounts established for the designated beneficiary pursuant to the 902 |
---|
1099 | 1099 | | Connecticut Homecare Option Program for the Elderly established by 903 |
---|
1100 | 1100 | | sections 3-123aa to 3-123ff, inclusive; 904 |
---|
1101 | 1101 | | Raised Bill No. 7270 |
---|
1102 | 1102 | | |
---|
1103 | 1103 | | |
---|
1104 | 1104 | | |
---|
1105 | 1105 | | LCO No. 6964 30 of 39 |
---|
1106 | 1106 | | |
---|
1107 | 1107 | | (xvi) To the extent properly includable in gross income for federal 905 |
---|
1108 | 1108 | | income tax purposes, any income received from the United States 906 |
---|
1109 | 1109 | | government as retirement pay for a retired member of (I) the Armed 907 |
---|
1110 | 1110 | | Forces of the United States, as defined in Section 101 of Title 10 of the 908 |
---|
1111 | 1111 | | United States Code, or (II) the National Guard, as defined in Section 101 909 |
---|
1112 | 1112 | | of Title 10 of the United States Code; 910 |
---|
1113 | 1113 | | (xvii) To the extent properly includable in gross income for federal 911 |
---|
1114 | 1114 | | income tax purposes for the taxable year, any income from the discharge 912 |
---|
1115 | 1115 | | of indebtedness in connection with any reacquisition, after December 913 |
---|
1116 | 1116 | | 31, 2008, and before January 1, 2011, of an applicable debt instrument or 914 |
---|
1117 | 1117 | | instruments, as those terms are defined in Section 108 of the Internal 915 |
---|
1118 | 1118 | | Revenue Code, as amended by Section 1231 of the American Recovery 916 |
---|
1119 | 1119 | | and Reinvestment Act of 2009, to the extent any such income was added 917 |
---|
1120 | 1120 | | to federal adjusted gross income pursuant to subparagraph (A)(xi) of 918 |
---|
1121 | 1121 | | this subdivision in computing Connecticut adjusted gross income for a 919 |
---|
1122 | 1122 | | preceding taxable year; 920 |
---|
1123 | 1123 | | (xviii) To the extent not deductible in determining federal adjusted 921 |
---|
1124 | 1124 | | gross income, the amount of any contribution to a manufacturing 922 |
---|
1125 | 1125 | | reinvestment account established pursuant to section 32-9zz in the 923 |
---|
1126 | 1126 | | taxable year that such contribution is made; 924 |
---|
1127 | 1127 | | (xix) To the extent properly includable in gross income for federal 925 |
---|
1128 | 1128 | | income tax purposes, (I) for the taxable year commencing January 1, 926 |
---|
1129 | 1129 | | 2015, ten per cent of the income received from the state teachers' 927 |
---|
1130 | 1130 | | retirement system, (II) for the taxable years commencing January 1, 928 |
---|
1131 | 1131 | | 2016, to January 1, 2020, inclusive, twenty-five per cent of the income 929 |
---|
1132 | 1132 | | received from the state teachers' retirement system, and (III) for the 930 |
---|
1133 | 1133 | | taxable year commencing January 1, 2021, and each taxable year 931 |
---|
1134 | 1134 | | thereafter, fifty per cent of the income received from the state teachers' 932 |
---|
1135 | 1135 | | retirement system or, for a taxpayer whose federal adjusted gross 933 |
---|
1136 | 1136 | | income does not exceed the applicable threshold under clause (xx) of 934 |
---|
1137 | 1137 | | this subparagraph, the percentage pursuant to said clause of the income 935 |
---|
1138 | 1138 | | received from the state teachers' retirement system, whichever 936 |
---|
1139 | 1139 | | Raised Bill No. 7270 |
---|
1140 | 1140 | | |
---|
1141 | 1141 | | |
---|
1142 | 1142 | | |
---|
1143 | 1143 | | LCO No. 6964 31 of 39 |
---|
1144 | 1144 | | |
---|
1145 | 1145 | | deduction is greater; 937 |
---|
1146 | 1146 | | (xx) To the extent properly includable in gross income for federal 938 |
---|
1147 | 1147 | | income tax purposes, except for retirement benefits under clause (iv) of 939 |
---|
1148 | 1148 | | this subparagraph and retirement pay under clause (xvi) of this 940 |
---|
1149 | 1149 | | subparagraph, for a person who files a return under the federal income 941 |
---|
1150 | 1150 | | tax as an unmarried individual whose federal adjusted gross income for 942 |
---|
1151 | 1151 | | such taxable year is less than seventy-five thousand dollars, or as a 943 |
---|
1152 | 1152 | | married individual filing separately whose federal adjusted gross 944 |
---|
1153 | 1153 | | income for such taxable year is less than seventy-five thousand dollars, 945 |
---|
1154 | 1154 | | or as a head of household whose federal adjusted gross income for such 946 |
---|
1155 | 1155 | | taxable year is less than seventy-five thousand dollars, or for a husband 947 |
---|
1156 | 1156 | | and wife who file a return under the federal income tax as married 948 |
---|
1157 | 1157 | | individuals filing jointly whose federal adjusted gross income for such 949 |
---|
1158 | 1158 | | taxable year is less than one hundred thousand dollars, (I) for the taxable 950 |
---|
1159 | 1159 | | year commencing January 1, 2019, fourteen per cent of any pension or 951 |
---|
1160 | 1160 | | annuity income, (II) for the taxable year commencing January 1, 2020, 952 |
---|
1161 | 1161 | | twenty-eight per cent of any pension or annuity income, (III) for the 953 |
---|
1162 | 1162 | | taxable year commencing January 1, 2021, forty-two per cent of any 954 |
---|
1163 | 1163 | | pension or annuity income, and (IV) for the taxable years commencing 955 |
---|
1164 | 1164 | | January 1, 2022, and January 1, 2023, one hundred per cent of any 956 |
---|
1165 | 1165 | | pension or annuity income; 957 |
---|
1166 | 1166 | | (xxi) To the extent properly includable in gross income for federal 958 |
---|
1167 | 1167 | | income tax purposes, except for retirement benefits under clause (iv) of 959 |
---|
1168 | 1168 | | this subparagraph and retirement pay under clause (xvi) of this 960 |
---|
1169 | 1169 | | subparagraph, any pension or annuity income for the taxable year 961 |
---|
1170 | 1170 | | commencing on or after January 1, 2024, and each taxable year 962 |
---|
1171 | 1171 | | thereafter, in accordance with the following schedule, for a person who 963 |
---|
1172 | 1172 | | files a return under the federal income tax as an unmarried individual 964 |
---|
1173 | 1173 | | whose federal adjusted gross income for such taxable year is less than 965 |
---|
1174 | 1174 | | one hundred thousand dollars, or as a married individual filing 966 |
---|
1175 | 1175 | | separately whose federal adjusted gross income for such taxable year is 967 |
---|
1176 | 1176 | | less than one hundred thousand dollars, or as a head of household 968 |
---|
1177 | 1177 | | whose federal adjusted gross income for such taxable year is less than 969 |
---|
1178 | 1178 | | Raised Bill No. 7270 |
---|
1179 | 1179 | | |
---|
1180 | 1180 | | |
---|
1181 | 1181 | | |
---|
1182 | 1182 | | LCO No. 6964 32 of 39 |
---|
1183 | 1183 | | |
---|
1184 | 1184 | | one hundred thousand dollars: 970 |
---|
1185 | 1185 | | T1 |
---|
1186 | 1186 | | Federal Adjusted Gross Income Deduction |
---|
1187 | 1187 | | T2 |
---|
1188 | 1188 | | Less than $75,000 100.0% |
---|
1189 | 1189 | | T3 |
---|
1190 | 1190 | | $75,000 but not over $77,499 85.0% |
---|
1191 | 1191 | | T4 |
---|
1192 | 1192 | | $77,500 but not over $79,999 70.0% |
---|
1193 | 1193 | | T5 |
---|
1194 | 1194 | | $80,000 but not over $82,499 55.0% |
---|
1195 | 1195 | | T6 |
---|
1196 | 1196 | | $82,500 but not over $84,999 40.0% |
---|
1197 | 1197 | | T7 |
---|
1198 | 1198 | | $85,000 but not over $87,499 25.0% |
---|
1199 | 1199 | | T8 |
---|
1200 | 1200 | | $87,500 but not over $89,999 10.0% |
---|
1201 | 1201 | | T9 $90,000 but not over $94,999 5.0% |
---|
1202 | 1202 | | T10 |
---|
1203 | 1203 | | $95,000 but not over $99,999 2.5% |
---|
1204 | 1204 | | T11 |
---|
1205 | 1205 | | $100,000 and over 0.0% |
---|
1206 | 1206 | | |
---|
1207 | 1207 | | (xxii) To the extent properly includable in gross income for federal 971 |
---|
1208 | 1208 | | income tax purposes, except for retirement benefits under clause (iv) of 972 |
---|
1209 | 1209 | | this subparagraph and retirement pay under clause (xvi) of this 973 |
---|
1210 | 1210 | | subparagraph, any pension or annuity income for the taxable year 974 |
---|
1211 | 1211 | | commencing on or after January 1, 2024, and each taxable year 975 |
---|
1212 | 1212 | | thereafter, in accordance with the following schedule for married 976 |
---|
1213 | 1213 | | individuals who file a return under the federal income tax as married 977 |
---|
1214 | 1214 | | individuals filing jointly whose federal adjusted gross income for such 978 |
---|
1215 | 1215 | | taxable year is less than one hundred fifty thousand dollars: 979 |
---|
1216 | 1216 | | T12 |
---|
1217 | 1217 | | Federal Adjusted Gross Income Deduction |
---|
1218 | 1218 | | T13 |
---|
1219 | 1219 | | Less than $100,000 100.0% |
---|
1220 | 1220 | | T14 |
---|
1221 | 1221 | | $100,000 but not over $104,999 85.0% |
---|
1222 | 1222 | | T15 |
---|
1223 | 1223 | | $105,000 but not over $109,999 70.0% |
---|
1224 | 1224 | | T16 |
---|
1225 | 1225 | | $110,000 but not over $114,999 55.0% |
---|
1226 | 1226 | | T17 $115,000 but not over $119,999 40.0% |
---|
1227 | 1227 | | T18 |
---|
1228 | 1228 | | $120,000 but not over $124,999 25.0% |
---|
1229 | 1229 | | T19 |
---|
1230 | 1230 | | $125,000 but not over $129,999 10.0% |
---|
1231 | 1231 | | T20 |
---|
1232 | 1232 | | $130,000 but not over $139,999 5.0% |
---|
1233 | 1233 | | Raised Bill No. 7270 |
---|
1234 | 1234 | | |
---|
1235 | 1235 | | |
---|
1236 | 1236 | | |
---|
1237 | 1237 | | LCO No. 6964 33 of 39 |
---|
1238 | 1238 | | |
---|
1239 | 1239 | | T21 $140,000 but not over $149,999 2.5% |
---|
1240 | 1240 | | T22 |
---|
1241 | 1241 | | $150,000 and over 0.0% |
---|
1242 | 1242 | | |
---|
1243 | 1243 | | (xxiii) The amount of lost wages and medical, travel and housing 980 |
---|
1244 | 1244 | | expenses, not to exceed ten thousand dollars in the aggregate, incurred 981 |
---|
1245 | 1245 | | by a taxpayer during the taxable year in connection with the donation 982 |
---|
1246 | 1246 | | to another person of an organ for organ transplantation occurring on or 983 |
---|
1247 | 1247 | | after January 1, 2017; 984 |
---|
1248 | 1248 | | (xxiv) To the extent properly includable in gross income for federal 985 |
---|
1249 | 1249 | | income tax purposes, the amount of any financial assistance received 986 |
---|
1250 | 1250 | | from the Crumbling Foundations Assistance Fund or paid to or on 987 |
---|
1251 | 1251 | | behalf of the owner of a residential building pursuant to sections 8-442 988 |
---|
1252 | 1252 | | and 8-443; 989 |
---|
1253 | 1253 | | (xxv) To the extent properly includable in gross income for federal 990 |
---|
1254 | 1254 | | income tax purposes, the amount calculated pursuant to subsection (b) 991 |
---|
1255 | 1255 | | of section 12-704g for income received by a general partner of a venture 992 |
---|
1256 | 1256 | | capital fund, as defined in 17 CFR 275.203(l)-1, as amended from time to 993 |
---|
1257 | 1257 | | time; 994 |
---|
1258 | 1258 | | (xxvi) To the extent any portion of a deduction under Section 179 of 995 |
---|
1259 | 1259 | | the Internal Revenue Code was added to federal adjusted gross income 996 |
---|
1260 | 1260 | | pursuant to subparagraph (A)(xiv) of this subdivision in computing 997 |
---|
1261 | 1261 | | Connecticut adjusted gross income, twenty-five per cent of such 998 |
---|
1262 | 1262 | | disallowed portion of the deduction in each of the four succeeding 999 |
---|
1263 | 1263 | | taxable years; 1000 |
---|
1264 | 1264 | | (xxvii) To the extent properly includable in gross income for federal 1001 |
---|
1265 | 1265 | | income tax purposes, for a person who files a return under the federal 1002 |
---|
1266 | 1266 | | income tax as an unmarried individual whose federal adjusted gross 1003 |
---|
1267 | 1267 | | income for such taxable year is less than seventy-five thousand dollars, 1004 |
---|
1268 | 1268 | | or as a married individual filing separately whose federal adjusted gross 1005 |
---|
1269 | 1269 | | income for such taxable year is less than seventy-five thousand dollars, 1006 |
---|
1270 | 1270 | | or as a head of household whose federal adjusted gross income for such 1007 |
---|
1271 | 1271 | | Raised Bill No. 7270 |
---|
1272 | 1272 | | |
---|
1273 | 1273 | | |
---|
1274 | 1274 | | |
---|
1275 | 1275 | | LCO No. 6964 34 of 39 |
---|
1276 | 1276 | | |
---|
1277 | 1277 | | taxable year is less than seventy-five thousand dollars, or for a husband 1008 |
---|
1278 | 1278 | | and wife who file a return under the federal income tax as married 1009 |
---|
1279 | 1279 | | individuals filing jointly whose federal adjusted gross income for such 1010 |
---|
1280 | 1280 | | taxable year is less than one hundred thousand dollars, for the taxable 1011 |
---|
1281 | 1281 | | year commencing January 1, 2023, twenty-five per cent of any 1012 |
---|
1282 | 1282 | | distribution from an individual retirement account other than a Roth 1013 |
---|
1283 | 1283 | | individual retirement account; 1014 |
---|
1284 | 1284 | | (xxviii) To the extent properly includable in gross income for federal 1015 |
---|
1285 | 1285 | | income tax purposes, for a person who files a return under the federal 1016 |
---|
1286 | 1286 | | income tax as an unmarried individual whose federal adjusted gross 1017 |
---|
1287 | 1287 | | income for such taxable year is less than one hundred thousand dollars, 1018 |
---|
1288 | 1288 | | or as a married individual filing separately whose federal adjusted gross 1019 |
---|
1289 | 1289 | | income for such taxable year is less than one hundred thousand dollars, 1020 |
---|
1290 | 1290 | | or as a head of household whose federal adjusted gross income for such 1021 |
---|
1291 | 1291 | | taxable year is less than one hundred thousand dollars, (I) for the taxable 1022 |
---|
1292 | 1292 | | year commencing January 1, 2024, fifty per cent of any distribution from 1023 |
---|
1293 | 1293 | | an individual retirement account other than a Roth individual 1024 |
---|
1294 | 1294 | | retirement account, (II) for the taxable year commencing January 1, 2025, 1025 |
---|
1295 | 1295 | | seventy-five per cent of any distribution from an individual retirement 1026 |
---|
1296 | 1296 | | account other than a Roth individual retirement account, and (III) for 1027 |
---|
1297 | 1297 | | the taxable year commencing January 1, 2026, and each taxable year 1028 |
---|
1298 | 1298 | | thereafter, any distribution from an individual retirement account other 1029 |
---|
1299 | 1299 | | than a Roth individual retirement account. The subtraction under this 1030 |
---|
1300 | 1300 | | clause shall be made in accordance with the following schedule: 1031 |
---|
1301 | 1301 | | T23 |
---|
1302 | 1302 | | Federal Adjusted Gross Income Deduction |
---|
1303 | 1303 | | T24 |
---|
1304 | 1304 | | Less than $75,000 100.0% |
---|
1305 | 1305 | | T25 $75,000 but not over $77,499 85.0% |
---|
1306 | 1306 | | T26 |
---|
1307 | 1307 | | $77,500 but not over $79,999 70.0% |
---|
1308 | 1308 | | T27 |
---|
1309 | 1309 | | $80,000 but not over $82,499 55.0% |
---|
1310 | 1310 | | T28 |
---|
1311 | 1311 | | $82,500 but not over $84,999 40.0% |
---|
1312 | 1312 | | T29 |
---|
1313 | 1313 | | $85,000 but not over $87,499 25.0% |
---|
1314 | 1314 | | T30 |
---|
1315 | 1315 | | $87,500 but not over $89,999 10.0% |
---|
1316 | 1316 | | Raised Bill No. 7270 |
---|
1317 | 1317 | | |
---|
1318 | 1318 | | |
---|
1319 | 1319 | | |
---|
1320 | 1320 | | LCO No. 6964 35 of 39 |
---|
1321 | 1321 | | |
---|
1322 | 1322 | | T31 $90,000 but not over $94,999 5.0% |
---|
1323 | 1323 | | T32 |
---|
1324 | 1324 | | $95,000 but not over $99,999 2.5% |
---|
1325 | 1325 | | T33 |
---|
1326 | 1326 | | $100,000 and over 0.0% |
---|
1327 | 1327 | | |
---|
1328 | 1328 | | (xxix) To the extent properly includable in gross income for federal 1032 |
---|
1329 | 1329 | | income tax purposes, for married individuals who file a return under 1033 |
---|
1330 | 1330 | | the federal income tax as married individuals filing jointly whose 1034 |
---|
1331 | 1331 | | federal adjusted gross income for such taxable year is less than one 1035 |
---|
1332 | 1332 | | hundred fifty thousand dollars, (I) for the taxable year commencing 1036 |
---|
1333 | 1333 | | January 1, 2024, fifty per cent of any distribution from an individual 1037 |
---|
1334 | 1334 | | retirement account other than a Roth individual retirement account, (II) 1038 |
---|
1335 | 1335 | | for the taxable year commencing January 1, 2025, seventy-five per cent 1039 |
---|
1336 | 1336 | | of any distribution from an individual retirement account other than a 1040 |
---|
1337 | 1337 | | Roth individual retirement account, and (III) for the taxable year 1041 |
---|
1338 | 1338 | | commencing January 1, 2026, and each taxable year thereafter, any 1042 |
---|
1339 | 1339 | | distribution from an individual retirement account other than a Roth 1043 |
---|
1340 | 1340 | | individual retirement account. The subtraction under this clause shall 1044 |
---|
1341 | 1341 | | be made in accordance with the following schedule: 1045 |
---|
1342 | 1342 | | T34 |
---|
1343 | 1343 | | Federal Adjusted Gross Income Deduction |
---|
1344 | 1344 | | T35 |
---|
1345 | 1345 | | Less than $100,000 100.0% |
---|
1346 | 1346 | | T36 |
---|
1347 | 1347 | | $100,000 but not over $104,999 85.0% |
---|
1348 | 1348 | | T37 |
---|
1349 | 1349 | | $105,000 but not over $109,999 70.0% |
---|
1350 | 1350 | | T38 |
---|
1351 | 1351 | | $110,000 but not over $114,999 55.0% |
---|
1352 | 1352 | | T39 |
---|
1353 | 1353 | | $115,000 but not over $119,999 40.0% |
---|
1354 | 1354 | | T40 |
---|
1355 | 1355 | | $120,000 but not over $124,999 25.0% |
---|
1356 | 1356 | | T41 |
---|
1357 | 1357 | | $125,000 but not over $129,999 10.0% |
---|
1358 | 1358 | | T42 $130,000 but not over $139,999 5.0% |
---|
1359 | 1359 | | T43 |
---|
1360 | 1360 | | $140,000 but not over $149,999 2.5% |
---|
1361 | 1361 | | T44 |
---|
1362 | 1362 | | $150,000 and over 0.0% |
---|
1363 | 1363 | | |
---|
1364 | 1364 | | (xxx) To the extent properly includable in gross income for federal 1046 |
---|
1365 | 1365 | | income tax purposes, for the taxable year commencing January 1, 2022, 1047 |
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1366 | 1366 | | Raised Bill No. 7270 |
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1367 | 1367 | | |
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1368 | 1368 | | |
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1369 | 1369 | | |
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1370 | 1370 | | LCO No. 6964 36 of 39 |
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1371 | 1371 | | |
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1372 | 1372 | | the amount or amounts paid or otherwise credited to any eligible 1048 |
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1373 | 1373 | | resident of this state under (I) the 2020 Earned Income Tax Credit 1049 |
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1374 | 1374 | | enhancement program from funding allocated to the state through the 1050 |
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1375 | 1375 | | Coronavirus Relief Fund established under the Coronavirus Aid, Relief, 1051 |
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1376 | 1376 | | and Economic Security Act, P.L. 116-136, and (II) the 2021 Earned 1052 |
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1377 | 1377 | | Income Tax Credit enhancement program from funding allocated to the 1053 |
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1378 | 1378 | | state pursuant to Section 9901 of Subtitle M of Title IX of the American 1054 |
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1379 | 1379 | | Rescue Plan Act of 2021, P.L. 117-2; 1055 |
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1380 | 1380 | | (xxxi) For the taxable year commencing January 1, 2023, and each 1056 |
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1381 | 1381 | | taxable year thereafter, for a taxpayer licensed under the provisions of 1057 |
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1382 | 1382 | | chapter 420f or 420h, the amount of ordinary and necessary expenses 1058 |
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1383 | 1383 | | that would be eligible to be claimed as a deduction for federal income 1059 |
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1384 | 1384 | | tax purposes under Section 162(a) of the Internal Revenue Code but that 1060 |
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1385 | 1385 | | are disallowed under Section 280E of the Internal Revenue Code 1061 |
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1386 | 1386 | | because marijuana is a controlled substance under the federal 1062 |
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1387 | 1387 | | Controlled Substance Act; 1063 |
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1388 | 1388 | | (xxxii) To the extent properly includable in gross income for federal 1064 |
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1389 | 1389 | | income tax purposes, for the taxable year commencing on or after 1065 |
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1390 | 1390 | | January 1, 2025, and each taxable year thereafter, any common stock 1066 |
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1391 | 1391 | | received by the taxpayer during the taxable year under a share plan, as 1067 |
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1392 | 1392 | | defined in section 12-217ss; 1068 |
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1393 | 1393 | | (xxxiii) To the extent properly includable in gross income for federal 1069 |
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1394 | 1394 | | income tax purposes, the amount of any student loan reimbursement 1070 |
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1395 | 1395 | | payment received by a taxpayer pursuant to section 10a-19m; 1071 |
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1396 | 1396 | | (xxxiv) Contributions to an ABLE account established pursuant to 1072 |
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1397 | 1397 | | sections 3-39k to 3-39q, inclusive, not to exceed five thousand dollars for 1073 |
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1398 | 1398 | | each individual taxpayer or ten thousand dollars for taxpayers filing a 1074 |
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1399 | 1399 | | joint return; and 1075 |
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1400 | 1400 | | (xxxv) To the extent properly includable in gross income for federal 1076 |
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1401 | 1401 | | income tax purposes, the amount of any payment received pursuant to 1077 |
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1402 | 1402 | | subsection (c) of section 3-122a. 1078 |
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1403 | 1403 | | Raised Bill No. 7270 |
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1404 | 1404 | | |
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1405 | 1405 | | |
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1406 | 1406 | | |
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1407 | 1407 | | LCO No. 6964 37 of 39 |
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1408 | 1408 | | |
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1409 | 1409 | | Sec. 20. Subdivision (3) of subsection (b) of section 12-218h of the 1079 |
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1410 | 1410 | | general statutes is repealed and the following is substituted in lieu 1080 |
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1411 | 1411 | | thereof (Effective from passage): 1081 |
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1412 | 1412 | | (3) For the thirty-year period beginning with a combined group's first 1082 |
---|
1413 | 1413 | | income year that begins in 2026, a combined group entitled to a 1083 |
---|
1414 | 1414 | | deduction under this subsection shall deduct from combined group net 1084 |
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1415 | 1415 | | income an amount equal to one-thirtieth of the amount necessary to 1085 |
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1416 | 1416 | | offset the increase in the valuation allowance against net operating 1086 |
---|
1417 | 1417 | | losses and tax credits in the state, as computed in accordance with 1087 |
---|
1418 | 1418 | | generally accepted accounting principles, that resulted from the 1088 |
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1419 | 1419 | | enactment of sections 12-218e and 12-218f. Such increase in valuation 1089 |
---|
1420 | 1420 | | allowance shall be computed based on the change in valuation 1090 |
---|
1421 | 1421 | | allowance that was reported in the combined group's financial 1091 |
---|
1422 | 1422 | | statements for the income year commencing on or after January 1, [2016] 1092 |
---|
1423 | 1423 | | 2015, but prior to January 1, [2017] 2016. 1093 |
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1424 | 1424 | | This act shall take effect as follows and shall amend the following |
---|
1425 | 1425 | | sections: |
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1426 | 1426 | | |
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1427 | 1427 | | Section 1 October 1, 2025 New section |
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1428 | 1428 | | Sec. 2 October 1, 2025, and |
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1429 | 1429 | | applicable to protests filed |
---|
1430 | 1430 | | on or after October 1, 2025 |
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1431 | 1431 | | 12-206 |
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1432 | 1432 | | Sec. 3 October 1, 2025, and |
---|
1433 | 1433 | | applicable to protests filed |
---|
1434 | 1434 | | on or after October 1, 2025 |
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1435 | 1435 | | 12-225 |
---|
1436 | 1436 | | Sec. 4 October 1, 2025 12-226 |
---|
1437 | 1437 | | Sec. 5 October 1, 2025, and |
---|
1438 | 1438 | | applicable to hearing |
---|
1439 | 1439 | | applications filed on or |
---|
1440 | 1440 | | after October 1, 2025 |
---|
1441 | 1441 | | 12-236 |
---|
1442 | 1442 | | Sec. 6 October 1, 2025, and |
---|
1443 | 1443 | | applicable to hearing |
---|
1444 | 1444 | | applications filed on or |
---|
1445 | 1445 | | after October 1, 2025 |
---|
1446 | 1446 | | 12-268i |
---|
1447 | 1447 | | Raised Bill No. 7270 |
---|
1448 | 1448 | | |
---|
1449 | 1449 | | |
---|
1450 | 1450 | | |
---|
1451 | 1451 | | LCO No. 6964 38 of 39 |
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1452 | 1452 | | |
---|
1453 | 1453 | | Sec. 7 October 1, 2025, and |
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1454 | 1454 | | applicable to hearing |
---|
1455 | 1455 | | applications filed on or |
---|
1456 | 1456 | | after October 1, 2025 |
---|
1457 | 1457 | | 12-311 |
---|
1458 | 1458 | | Sec. 8 October 1, 2025, and |
---|
1459 | 1459 | | applicable to hearing |
---|
1460 | 1460 | | applications filed on or |
---|
1461 | 1461 | | after October 1, 2025 |
---|
1462 | 1462 | | 12-330l |
---|
1463 | 1463 | | Sec. 9 October 1, 2025, and |
---|
1464 | 1464 | | applicable to protests filed |
---|
1465 | 1465 | | on or after October 1, 2025 |
---|
1466 | 1466 | | 12-418 |
---|
1467 | 1467 | | Sec. 10 October 1, 2025, and |
---|
1468 | 1468 | | applicable to hearing |
---|
1469 | 1469 | | applications filed on or |
---|
1470 | 1470 | | after October 1, 2025 |
---|
1471 | 1471 | | 12-447 |
---|
1472 | 1472 | | Sec. 11 October 1, 2025, and |
---|
1473 | 1473 | | applicable to hearing |
---|
1474 | 1474 | | applications filed on or |
---|
1475 | 1475 | | after October 1, 2025 |
---|
1476 | 1476 | | 12-461 |
---|
1477 | 1477 | | Sec. 12 October 1, 2025, and |
---|
1478 | 1478 | | applicable to hearing |
---|
1479 | 1479 | | applications filed on or |
---|
1480 | 1480 | | after October 1, 2025 |
---|
1481 | 1481 | | 12-489(a) |
---|
1482 | 1482 | | Sec. 13 October 1, 2025, and |
---|
1483 | 1483 | | applicable to hearing |
---|
1484 | 1484 | | applications filed on or |
---|
1485 | 1485 | | after October 1, 2025 |
---|
1486 | 1486 | | 12-493a(k) |
---|
1487 | 1487 | | Sec. 14 October 1, 2025, and |
---|
1488 | 1488 | | applicable to hearing |
---|
1489 | 1489 | | applications filed on or |
---|
1490 | 1490 | | after October 1, 2025 |
---|
1491 | 1491 | | 12-553 |
---|
1492 | 1492 | | Sec. 15 October 1, 2025, and |
---|
1493 | 1493 | | applicable to hearing |
---|
1494 | 1494 | | applications filed on or |
---|
1495 | 1495 | | after October 1, 2025 |
---|
1496 | 1496 | | 12-595 |
---|
1497 | 1497 | | Sec. 16 October 1, 2025, and |
---|
1498 | 1498 | | applicable to protests filed |
---|
1499 | 1499 | | on or after October 1, 2025 |
---|
1500 | 1500 | | 12-729 |
---|
1501 | 1501 | | Sec. 17 October 1, 2025, and |
---|
1502 | 1502 | | applicable to hearing |
---|
1503 | 1503 | | requests filed on or after |
---|
1504 | 1504 | | October 1, 2025 |
---|
1505 | 1505 | | 12-790c(b) |
---|
1506 | 1506 | | Raised Bill No. 7270 |
---|
1507 | 1507 | | |
---|
1508 | 1508 | | |
---|
1509 | 1509 | | |
---|
1510 | 1510 | | LCO No. 6964 39 of 39 |
---|
1511 | 1511 | | |
---|
1512 | 1512 | | Sec. 18 from passage New section |
---|
1513 | 1513 | | Sec. 19 January 1, 2026, and |
---|
1514 | 1514 | | applicable to taxable years |
---|
1515 | 1515 | | commencing on or after |
---|
1516 | 1516 | | January 1, 2026 |
---|
1517 | 1517 | | 12-701(a)(20)(B) |
---|
1518 | 1518 | | Sec. 20 from passage 12-218h(b)(3) |
---|
1519 | 1519 | | |
---|
1520 | 1520 | | Statement of Purpose: |
---|
1521 | 1521 | | To (1) establish requirements for filing certain tax protests, (2) require |
---|
1522 | 1522 | | the Commissioner of Revenue Services to provide certain disaggregated |
---|
1523 | 1523 | | tax sourcing information; (3) eliminate the requirement that the |
---|
1524 | 1524 | | amortizable bond premium subtraction for purposes of calculating |
---|
1525 | 1525 | | Connecticut adjustable gross income be attributable to a trade or |
---|
1526 | 1526 | | business of the taxpayer, and (4) revise certain dates with respect to the |
---|
1527 | 1527 | | application of the valuation allowance under section 12-218h of the |
---|
1528 | 1528 | | general statutes. |
---|
1529 | 1529 | | |
---|
1530 | 1530 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
1531 | 1531 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
1532 | 1532 | | underlined.] |
---|
1533 | 1533 | | |
---|