LCO 1 of 19 General Assembly Substitute Bill No. 1401 January Session, 2025 AN ACT ESTABLISHING DISASTER SAVINGS ACCOUNTS AND A RELATED TAX DEDUCTION AND CREDIT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage) (a) For the purposes of this 1 section: 2 (1) "Account holder" means an individual who, either individually or 3 jointly with another individual, establishes a disaster savings account; 4 (2) "Commissioner" means the Commissioner of Revenue Services; 5 (3) "Disaster savings account" means an account established by one 6 or more account holders with a financial institution that the account 7 holders designate as an account exclusively containing funds to pay or 8 reimburse eligible costs incurred by the qualified beneficiary of the 9 account; 10 (4) "Eligible costs" means costs incurred by a qualified beneficiary for 11 payment (A) of an insurance deductible under a homeowners insurance 12 policy that insures against loss or damage by wildfire, flood, rain, 13 hurricane, tornado or other severe storm, which was incurred because 14 of a claim made for such loss or damage, and (B) for loss or damage to 15 such qualified beneficiary's single-family residence caused by wildfire, 16 flood, rain, hurricane, tornado or other severe storm; 17 (5) "Financial institution" means a bank, out-of-state bank, 18 Substitute Bill No. 1401 LCO 2 of 19 Connecticut credit union, federal credit union or out-of-state credit 19 union, as those terms are defined in section 36a-2 of the general statutes, 20 and any affiliate or third-party provider of such entities; 21 (6) "Qualified beneficiary" means a homeowner who (A) is 22 designated as the qualified beneficiary of a disaster savings account, and 23 (B) resides in a single-family residence in this state that is owned by the 24 homeowner; and 25 (7) "Single-family residence" means a single-family residential 26 dwelling, including, but not limited to, a mobile manufactured home, as 27 defined in section 21-64 of the general statutes, or a residential unit in a 28 cooperative, common interest community or condominium, as such 29 terms are defined in section 47-202 of the general statutes. 30 (b) For purposes of implementing the deductions allowed under 31 subparagraphs (B)(xxxvi) and (B)(xxxvii) of subdivision (20) of 32 subsection (a) of section 12-701 of the general statutes, as amended by 33 this act, and the credit allowed under section 3 of this act, the 34 commissioner shall prepare forms for (1) the designation of accounts as 35 disaster savings accounts, (2) the designation of qualified beneficiaries, 36 and (3) account holders to submit to the commissioner the information 37 described in subparagraph (B) of subdivision (1) of subsection (d) of this 38 section and any additional information that the commissioner 39 reasonably requires pursuant to the provisions of this section. 40 (c) An individual may establish not more than one disaster savings 41 account with a financial institution. Two individuals may jointly 42 establish and serve as the account holders of a disaster savings account, 43 provided such account holders shall file a joint return for the tax 44 imposed under chapter 229 of the general statutes for each taxable year 45 during which such account exists. The account holder or account 46 holders shall, not later than April fifteenth of the taxable year 47 immediately following the taxable year during which such account 48 holder or account holders established a disaster savings account, 49 designate the qualified beneficiary of such account. The account holder 50 Substitute Bill No. 1401 LCO 3 of 19 or account holders of a disaster savings account may designate a new 51 qualified beneficiary of the account at any time, provided there shall not 52 be more than one qualified beneficiary of such account at any time. No 53 individual may establish or serve as an account holder of multiple 54 disaster savings accounts that have the same qualified beneficiary. 55 Disaster savings accounts shall exclusively contain cash and there shall 56 be no limit on the amount of contributions made to, or contained in, such 57 accounts. Any person may contribute to a disaster savings account, 58 including, but not limited to, the employers of the qualified beneficiary, 59 account holder or account holders of such account. If a qualified 60 beneficiary or account holder of a disaster savings account leaves 61 employment with an employer that contributed to such account while 62 such qualified beneficiary or account holder was employed by such 63 employer, such employer shall not seek reimbursement of any 64 contribution to such account. The account holder or account holders 65 may invest funds deposited in a disaster savings account in money 66 market funds. 67 (d) (1) Each account holder shall: 68 (A) Not use any portion of the funds deposited in a disaster savings 69 account to pay any administrative fees or expenses, other than service 70 fees imposed by the depository financial institution, for such account; 71 and 72 (B) Submit to the commissioner such account holder's tax return for 73 each taxable year beginning on or after January 1, 2025, during which a 74 disaster savings account established by such account holder exists, 75 along with: 76 (i) Any information required by the commissioner concerning such 77 disaster savings account for purposes of implementing the deductions 78 allowed under subparagraphs (B)(xxxvi) and (B)(xxxvii) of subdivision 79 (20) of subsection (a) of section 12-701 of the general statutes, as 80 amended by this act, and the credit allowed under section 3 of this act; 81 (ii) The Internal Revenue Service Form 1099 issued by the depository 82 Substitute Bill No. 1401 LCO 4 of 19 financial institution for such disaster savings account; and 83 (iii) If such account holder withdrew funds from such disaster 84 savings account during the taxable year that is the subject of such return, 85 a detailed accounting of all eligible costs and ineligible costs paid or 86 reimbursed using such funds during such taxable year and the balance 87 of funds remaining in such account. 88 (2) Each account holder may withdraw all, or any portion of, the 89 funds contributed to and deposited in a disaster savings account and 90 deposit such funds in another disaster savings account established by 91 such account holder at any financial institution. 92 (e) (1) The commissioner may require that financial institutions 93 furnish certain information about each disaster savings account. 94 (2) A financial institution shall designate an account as a disaster 95 savings account when the account is opened by an account holder. 96 (3) No financial institution shall be required to (A) track the use of 97 any funds withdrawn from a disaster savings account, or (B) allocate 98 funds in a disaster savings account among account holders. 99 (4) No financial institution shall be liable or responsible for (A) 100 determining whether, or ensuring that, an account satisfies the 101 requirements established in this section concerning disaster savings 102 accounts or the funds in disaster savings accounts are used to pay or 103 reimburse eligible costs, or (B) disclosing or remitting taxes or penalties 104 concerning disaster savings accounts unless such disclosure or 105 remittance is required by applicable law. 106 (5) Upon receiving proof of the death of an account holder and all 107 other information required by any contract governing a disaster savings 108 account established by the account holder, the depository financial 109 institution shall distribute the funds in the disaster savings account in 110 accordance with the terms of such contract. 111 (f) (1) Except as provided in subdivision (2) of this subsection, each 112 Substitute Bill No. 1401 LCO 5 of 19 account holder who withdraws funds from a disaster savings account 113 for any reason other than paying or reimbursing the qualified 114 beneficiary of such account for eligible costs incurred by such qualified 115 beneficiary shall be liable to this state for a civil penalty in an amount 116 equal to ten per cent of the withdrawn amount. Such civil penalty shall 117 be collectible by the commissioner. If such funds were deducted by an 118 account holder in accordance with subparagraph (B)(xxxvi) or 119 (B)(xxxvii) of subdivision (20) of subsection (a) of section 12-701 of the 120 general statutes, as amended by this act, then such withdrawn funds 121 shall be considered income. 122 (2) No account holder shall be liable for a penalty under subdivision 123 (1) of this subsection, nor shall funds withdrawn from a disaster savings 124 account be considered income, if the funds withdrawn from the disaster 125 savings account: 126 (A) Are deposited in another disaster savings account pursuant to 127 subdivision (2) of subsection (d) of this section; 128 (B) Are withdrawn due to the death or disability of an account holder 129 who established such account; 130 (C) Constitute a disbursement of the assets of such account pursuant 131 to a filing for protection under the United States Bankruptcy Code, as 132 amended from time to time; or 133 (D) Are not claimed as a deduction pursuant to subparagraph 134 (B)(xxxvi) or (B)(xxxvii) of subdivision (20) of subsection (a) of section 135 12-701 of the general statutes, as amended by this act, by the account 136 holder on a return for the tax imposed under chapter 229 of the general 137 statutes. 138 (g) The commissioner may adopt regulations, in accordance with the 139 provisions of chapter 54 of the general statutes, to implement the 140 provisions of this section. 141 Sec. 2. Subparagraph (B) of subdivision (20) of subsection (a) of 142 Substitute Bill No. 1401 LCO 6 of 19 section 12-701 of the general statutes is repealed and the following is 143 substituted in lieu thereof (Effective from passage and applicable to taxable 144 years commencing on or after January 1, 2025): 145 (B) There shall be subtracted therefrom: 146 (i) To the extent properly includable in gross income for federal 147 income tax purposes, any income with respect to which taxation by any 148 state is prohibited by federal law; 149 (ii) To the extent allowable under section 12-718, exempt dividends 150 paid by a regulated investment company; 151 (iii) To the extent properly includable in gross income for federal 152 income tax purposes, the amount of any refund or credit for 153 overpayment of income taxes imposed by this state, or any other state 154 of the United States or a political subdivision thereof, or the District of 155 Columbia; 156 (iv) To the extent properly includable in gross income for federal 157 income tax purposes and not otherwise subtracted from federal 158 adjusted gross income pursuant to clause (x) of this subparagraph in 159 computing Connecticut adjusted gross income, any tier 1 railroad 160 retirement benefits; 161 (v) To the extent any additional allowance for depreciation under 162 Section 168(k) of the Internal Revenue Code for property placed in 163 service after September 27, 2017, was added to federal adjusted gross 164 income pursuant to subparagraph (A)(ix) of this subdivision in 165 computing Connecticut adjusted gross income, twenty-five per cent of 166 such additional allowance for depreciation in each of the four 167 succeeding taxable years; 168 (vi) To the extent properly includable in gross income for federal 169 income tax purposes, any interest income from obligations issued by or 170 on behalf of the state of Connecticut, any political subdivision thereof, 171 or public instrumentality, state or local authority, district or similar 172 Substitute Bill No. 1401 LCO 7 of 19 public entity created under the laws of the state of Connecticut; 173 (vii) To the extent properly includable in determining the net gain or 174 loss from the sale or other disposition of capital assets for federal income 175 tax purposes, any gain from the sale or exchange of obligations issued 176 by or on behalf of the state of Connecticut, any political subdivision 177 thereof, or public instrumentality, state or local authority, district or 178 similar public entity created under the laws of the state of Connecticut, 179 in the income year such gain was recognized; 180 (viii) Any interest on indebtedness incurred or continued to purchase 181 or carry obligations or securities the interest on which is subject to tax 182 under this chapter but exempt from federal income tax, to the extent that 183 such interest on indebtedness is not deductible in determining federal 184 adjusted gross income and is attributable to a trade or business carried 185 on by such individual; 186 (ix) Ordinary and necessary expenses paid or incurred during the 187 taxable year for the production or collection of income which is subject 188 to taxation under this chapter but exempt from federal income tax, or 189 the management, conservation or maintenance of property held for the 190 production of such income, and the amortizable bond premium for the 191 taxable year on any bond the interest on which is subject to tax under 192 this chapter but exempt from federal income tax, to the extent that such 193 expenses and premiums are not deductible in determining federal 194 adjusted gross income and are attributable to a trade or business carried 195 on by such individual; 196 (x) (I) For taxable years commencing prior to January 1, 2019, for a 197 person who files a return under the federal income tax as an unmarried 198 individual whose federal adjusted gross income for such taxable year is 199 less than fifty thousand dollars, or as a married individual filing 200 separately whose federal adjusted gross income for such taxable year is 201 less than fifty thousand dollars, or for a husband and wife who file a 202 return under the federal income tax as married individuals filing jointly 203 whose federal adjusted gross income for such taxable year is less than 204 Substitute Bill No. 1401 LCO 8 of 19 sixty thousand dollars or a person who files a return under the federal 205 income tax as a head of household whose federal adjusted gross income 206 for such taxable year is less than sixty thousand dollars, an amount 207 equal to the Social Security benefits includable for federal income tax 208 purposes; 209 (II) For taxable years commencing prior to January 1, 2019, for a 210 person who files a return under the federal income tax as an unmarried 211 individual whose federal adjusted gross income for such taxable year is 212 fifty thousand dollars or more, or as a married individual filing 213 separately whose federal adjusted gross income for such taxable year is 214 fifty thousand dollars or more, or for a husband and wife who file a 215 return under the federal income tax as married individuals filing jointly 216 whose federal adjusted gross income from such taxable year is sixty 217 thousand dollars or more or for a person who files a return under the 218 federal income tax as a head of household whose federal adjusted gross 219 income for such taxable year is sixty thousand dollars or more, an 220 amount equal to the difference between the amount of Social Security 221 benefits includable for federal income tax purposes and the lesser of 222 twenty-five per cent of the Social Security benefits received during the 223 taxable year, or twenty-five per cent of the excess described in Section 224 86(b)(1) of the Internal Revenue Code; 225 (III) For the taxable year commencing January 1, 2019, and each 226 taxable year thereafter, for a person who files a return under the federal 227 income tax as an unmarried individual whose federal adjusted gross 228 income for such taxable year is less than seventy-five thousand dollars, 229 or as a married individual filing separately whose federal adjusted gross 230 income for such taxable year is less than seventy-five thousand dollars, 231 or for a husband and wife who file a return under the federal income tax 232 as married individuals filing jointly whose federal adjusted gross 233 income for such taxable year is less than one hundred thousand dollars 234 or a person who files a return under the federal income tax as a head of 235 household whose federal adjusted gross income for such taxable year is 236 less than one hundred thousand dollars, an amount equal to the Social 237 Security benefits includable for federal income tax purposes; and 238 Substitute Bill No. 1401 LCO 9 of 19 (IV) For the taxable year commencing January 1, 2019, and each 239 taxable year thereafter, for a person who files a return under the federal 240 income tax as an unmarried individual whose federal adjusted gross 241 income for such taxable year is seventy-five thousand dollars or more, 242 or as a married individual filing separately whose federal adjusted gross 243 income for such taxable year is seventy-five thousand dollars or more, 244 or for a husband and wife who file a return under the federal income tax 245 as married individuals filing jointly whose federal adjusted gross 246 income from such taxable year is one hundred thousand dollars or more 247 or for a person who files a return under the federal income tax as a head 248 of household whose federal adjusted gross income for such taxable year 249 is one hundred thousand dollars or more, an amount equal to the 250 difference between the amount of Social Security benefits includable for 251 federal income tax purposes and the lesser of twenty-five per cent of the 252 Social Security benefits received during the taxable year, or twenty-five 253 per cent of the excess described in Section 86(b)(1) of the Internal 254 Revenue Code; 255 (xi) To the extent properly includable in gross income for federal 256 income tax purposes, any amount rebated to a taxpayer pursuant to 257 section 12-746; 258 (xii) To the extent properly includable in the gross income for federal 259 income tax purposes of a designated beneficiary, any distribution to 260 such beneficiary from any qualified state tuition program, as defined in 261 Section 529(b) of the Internal Revenue Code, established and 262 maintained by this state or any official, agency or instrumentality of the 263 state; 264 (xiii) To the extent allowable under section 12-701a, contributions to 265 accounts established pursuant to any qualified state tuition program, as 266 defined in Section 529(b) of the Internal Revenue Code, established and 267 maintained by this state or any official, agency or instrumentality of the 268 state; 269 (xiv) To the extent properly includable in gross income for federal 270 Substitute Bill No. 1401 LCO 10 of 19 income tax purposes, the amount of any Holocaust victims' settlement 271 payment received in the taxable year by a Holocaust victim; 272 (xv) To the extent properly includable in the gross income for federal 273 income tax purposes of a designated beneficiary, as defined in section 274 3-123aa, interest, dividends or capital gains earned on contributions to 275 accounts established for the designated beneficiary pursuant to the 276 Connecticut Homecare Option Program for the Elderly established by 277 sections 3-123aa to 3-123ff, inclusive; 278 (xvi) To the extent properly includable in gross income for federal 279 income tax purposes, any income received from the United States 280 government as retirement pay for a retired member of (I) the Armed 281 Forces of the United States, as defined in Section 101 of Title 10 of the 282 United States Code, or (II) the National Guard, as defined in Section 101 283 of Title 10 of the United States Code; 284 (xvii) To the extent properly includable in gross income for federal 285 income tax purposes for the taxable year, any income from the discharge 286 of indebtedness in connection with any reacquisition, after December 287 31, 2008, and before January 1, 2011, of an applicable debt instrument or 288 instruments, as those terms are defined in Section 108 of the Internal 289 Revenue Code, as amended by Section 1231 of the American Recovery 290 and Reinvestment Act of 2009, to the extent any such income was added 291 to federal adjusted gross income pursuant to subparagraph (A)(xi) of 292 this subdivision in computing Connecticut adjusted gross income for a 293 preceding taxable year; 294 (xviii) To the extent not deductible in determining federal adjusted 295 gross income, the amount of any contribution to a manufacturing 296 reinvestment account established pursuant to section 32-9zz in the 297 taxable year that such contribution is made; 298 (xix) To the extent properly includable in gross income for federal 299 income tax purposes, (I) for the taxable year commencing January 1, 300 2015, ten per cent of the income received from the state teachers' 301 retirement system, (II) for the taxable years commencing January 1, 302 Substitute Bill No. 1401 LCO 11 of 19 2016, to January 1, 2020, inclusive, twenty-five per cent of the income 303 received from the state teachers' retirement system, and (III) for the 304 taxable year commencing January 1, 2021, and each taxable year 305 thereafter, fifty per cent of the income received from the state teachers' 306 retirement system or, for a taxpayer whose federal adjusted gross 307 income does not exceed the applicable threshold under clause (xx) of 308 this subparagraph, the percentage pursuant to said clause of the income 309 received from the state teachers' retirement system, whichever 310 deduction is greater; 311 (xx) To the extent properly includable in gross income for federal 312 income tax purposes, except for retirement benefits under clause (iv) of 313 this subparagraph and retirement pay under clause (xvi) of this 314 subparagraph, for a person who files a return under the federal income 315 tax as an unmarried individual whose federal adjusted gross income for 316 such taxable year is less than seventy-five thousand dollars, or as a 317 married individual filing separately whose federal adjusted gross 318 income for such taxable year is less than seventy-five thousand dollars, 319 or as a head of household whose federal adjusted gross income for such 320 taxable year is less than seventy-five thousand dollars, or for a husband 321 and wife who file a return under the federal income tax as married 322 individuals filing jointly whose federal adjusted gross income for such 323 taxable year is less than one hundred thousand dollars, (I) for the taxable 324 year commencing January 1, 2019, fourteen per cent of any pension or 325 annuity income, (II) for the taxable year commencing January 1, 2020, 326 twenty-eight per cent of any pension or annuity income, (III) for the 327 taxable year commencing January 1, 2021, forty-two per cent of any 328 pension or annuity income, and (IV) for the taxable years commencing 329 January 1, 2022, and January 1, 2023, one hundred per cent of any 330 pension or annuity income; 331 (xxi) To the extent properly includable in gross income for federal 332 income tax purposes, except for retirement benefits under clause (iv) of 333 this subparagraph and retirement pay under clause (xvi) of this 334 subparagraph, any pension or annuity income for the taxable year 335 commencing on or after January 1, 2024, and each taxable year 336 Substitute Bill No. 1401 LCO 12 of 19 thereafter, in accordance with the following schedule, for a person who 337 files a return under the federal income tax as an unmarried individual 338 whose federal adjusted gross income for such taxable year is less than 339 one hundred thousand dollars, or as a married individual filing 340 separately whose federal adjusted gross income for such taxable year is 341 less than one hundred thousand dollars, or as a head of household 342 whose federal adjusted gross income for such taxable year is less than 343 one hundred thousand dollars: 344 T1 Federal Adjusted Gross Income Deduction T2 Less than $75,000 100.0% T3 $75,000 but not over $77,499 85.0% T4 $77,500 but not over $79,999 70.0% T5 $80,000 but not over $82,499 55.0% T6 $82,500 but not over $84,999 40.0% T7 $85,000 but not over $87,499 25.0% T8 $87,500 but not over $89,999 10.0% T9 $90,000 but not over $94,999 5.0% T10 $95,000 but not over $99,999 2.5% T11 $100,000 and over 0.0% (xxii) To the extent properly includable in gross income for federal 345 income tax purposes, except for retirement benefits under clause (iv) of 346 this subparagraph and retirement pay under clause (xvi) of this 347 subparagraph, any pension or annuity income for the taxable year 348 commencing on or after January 1, 2024, and each taxable year 349 thereafter, in accordance with the following schedule for married 350 individuals who file a return under the federal income tax as married 351 individuals filing jointly whose federal adjusted gross income for such 352 taxable year is less than one hundred fifty thousand dollars: 353 T12 Federal Adjusted Gross Income Deduction T13 Less than $100,000 100.0% T14 $100,000 but not over $104,999 85.0% T15 $105,000 but not over $109,999 70.0% Substitute Bill No. 1401 LCO 13 of 19 T16 $110,000 but not over $114,999 55.0% T17 $115,000 but not over $119,999 40.0% T18 $120,000 but not over $124,999 25.0% T19 $125,000 but not over $129,999 10.0% T20 $130,000 but not over $139,999 5.0% T21 $140,000 but not over $149,999 2.5% T22 $150,000 and over 0.0% (xxiii) The amount of lost wages and medical, travel and housing 354 expenses, not to exceed ten thousand dollars in the aggregate, incurred 355 by a taxpayer during the taxable year in connection with the donation 356 to another person of an organ for organ transplantation occurring on or 357 after January 1, 2017; 358 (xxiv) To the extent properly includable in gross income for federal 359 income tax purposes, the amount of any financial assistance received 360 from the Crumbling Foundations Assistance Fund or paid to or on 361 behalf of the owner of a residential building pursuant to sections 8-442 362 and 8-443; 363 (xxv) To the extent properly includable in gross income for federal 364 income tax purposes, the amount calculated pursuant to subsection (b) 365 of section 12-704g for income received by a general partner of a venture 366 capital fund, as defined in 17 CFR 275.203(l)-1, as amended from time to 367 time; 368 (xxvi) To the extent any portion of a deduction under Section 179 of 369 the Internal Revenue Code was added to federal adjusted gross income 370 pursuant to subparagraph (A)(xiv) of this subdivision in computing 371 Connecticut adjusted gross income, twenty-five per cent of such 372 disallowed portion of the deduction in each of the four succeeding 373 taxable years; 374 (xxvii) To the extent properly includable in gross income for federal 375 income tax purposes, for a person who files a return under the federal 376 income tax as an unmarried individual whose federal adjusted gross 377 Substitute Bill No. 1401 LCO 14 of 19 income for such taxable year is less than seventy-five thousand dollars, 378 or as a married individual filing separately whose federal adjusted gross 379 income for such taxable year is less than seventy-five thousand dollars, 380 or as a head of household whose federal adjusted gross income for such 381 taxable year is less than seventy-five thousand dollars, or for a husband 382 and wife who file a return under the federal income tax as married 383 individuals filing jointly whose federal adjusted gross income for such 384 taxable year is less than one hundred thousand dollars, for the taxable 385 year commencing January 1, 2023, twenty-five per cent of any 386 distribution from an individual retirement account other than a Roth 387 individual retirement account; 388 (xxviii) To the extent properly includable in gross income for federal 389 income tax purposes, for a person who files a return under the federal 390 income tax as an unmarried individual whose federal adjusted gross 391 income for such taxable year is less than one hundred thousand dollars, 392 or as a married individual filing separately whose federal adjusted gross 393 income for such taxable year is less than one hundred thousand dollars, 394 or as a head of household whose federal adjusted gross income for such 395 taxable year is less than one hundred thousand dollars, (I) for the taxable 396 year commencing January 1, 2024, fifty per cent of any distribution from 397 an individual retirement account other than a Roth individual 398 retirement account, (II) for the taxable year commencing January 1, 2025, 399 seventy-five per cent of any distribution from an individual retirement 400 account other than a Roth individual retirement account, and (III) for 401 the taxable year commencing January 1, 2026, and each taxable year 402 thereafter, any distribution from an individual retirement account other 403 than a Roth individual retirement account. The subtraction under this 404 clause shall be made in accordance with the following schedule: 405 T23 Federal Adjusted Gross Income Deduction T24 Less than $75,000 100.0% T25 $75,000 but not over $77,499 85.0% T26 $77,500 but not over $79,999 70.0% T27 $80,000 but not over $82,499 55.0% Substitute Bill No. 1401 LCO 15 of 19 T28 $82,500 but not over $84,999 40.0% T29 $85,000 but not over $87,499 25.0% T30 $87,500 but not over $89,999 10.0% T31 $90,000 but not over $94,999 5.0% T32 $95,000 but not over $99,999 2.5% T33 $100,000 and over 0.0% (xxix) To the extent properly includable in gross income for federal 406 income tax purposes, for married individuals who file a return under 407 the federal income tax as married individuals filing jointly whose 408 federal adjusted gross income for such taxable year is less than one 409 hundred fifty thousand dollars, (I) for the taxable year commencing 410 January 1, 2024, fifty per cent of any distribution from an individual 411 retirement account other than a Roth individual retirement account, (II) 412 for the taxable year commencing January 1, 2025, seventy-five per cent 413 of any distribution from an individual retirement account other than a 414 Roth individual retirement account, and (III) for the taxable year 415 commencing January 1, 2026, and each taxable year thereafter, any 416 distribution from an individual retirement account other than a Roth 417 individual retirement account. The subtraction under this clause shall 418 be made in accordance with the following schedule: 419 T34 Federal Adjusted Gross Income Deduction T35 Less than $100,000 100.0% T36 $100,000 but not over $104,999 85.0% T37 $105,000 but not over $109,999 70.0% T38 $110,000 but not over $114,999 55.0% T39 $115,000 but not over $119,999 40.0% T40 $120,000 but not over $124,999 25.0% T41 $125,000 but not over $129,999 10.0% T42 $130,000 but not over $139,999 5.0% T43 $140,000 but not over $149,999 2.5% T44 $150,000 and over 0.0% (xxx) To the extent properly includable in gross income for federal 420 Substitute Bill No. 1401 LCO 16 of 19 income tax purposes, for the taxable year commencing January 1, 2022, 421 the amount or amounts paid or otherwise credited to any eligible 422 resident of this state under (I) the 2020 Earned Income Tax Credit 423 enhancement program from funding allocated to the state through the 424 Coronavirus Relief Fund established under the Coronavirus Aid, Relief, 425 and Economic Security Act, P.L. 116-136, and (II) the 2021 Earned 426 Income Tax Credit enhancement program from funding allocated to the 427 state pursuant to Section 9901 of Subtitle M of Title IX of the American 428 Rescue Plan Act of 2021, P.L. 117-2; 429 (xxxi) For the taxable year commencing January 1, 2023, and each 430 taxable year thereafter, for a taxpayer licensed under the provisions of 431 chapter 420f or 420h, the amount of ordinary and necessary expenses 432 that would be eligible to be claimed as a deduction for federal income 433 tax purposes under Section 162(a) of the Internal Revenue Code but that 434 are disallowed under Section 280E of the Internal Revenue Code 435 because marijuana is a controlled substance under the federal 436 Controlled Substance Act; 437 (xxxii) To the extent properly includable in gross income for federal 438 income tax purposes, for the taxable year commencing on or after 439 January 1, 2025, and each taxable year thereafter, any common stock 440 received by the taxpayer during the taxable year under a share plan, as 441 defined in section 12-217ss; 442 (xxxiii) To the extent properly includable in gross income for federal 443 income tax purposes, the amount of any student loan reimbursement 444 payment received by a taxpayer pursuant to section 10a-19m; 445 (xxxiv) Contributions to an ABLE account established pursuant to 446 sections 3-39k to 3-39q, inclusive, not to exceed five thousand dollars for 447 each individual taxpayer or ten thousand dollars for taxpayers filing a 448 joint return; [and] 449 (xxxv) To the extent properly includable in gross income for federal 450 income tax purposes, the amount of any payment received pursuant to 451 subsection (c) of section 3-122a; 452 Substitute Bill No. 1401 LCO 17 of 19 (xxxvi) For an account holder, as defined in section 1 of this act, who 453 files a return under the federal income tax as an unmarried individual, 454 a married individual filing separately or a head of household and whose 455 federal adjusted gross income for the taxable year is less than one 456 hundred thousand dollars, or for an account holder, as defined in 457 section 1 of this act, who files a return under the federal income tax as a 458 married individual filing jointly and whose federal adjusted gross 459 income for the taxable year is less than two hundred thousand dollars: 460 (I) To the extent not deductible in determining federal adjusted gross 461 income, an amount equal to the contributions deposited during the 462 taxable year in a disaster savings account established pursuant to 463 subsection (c) of section 1 of this act, less any amounts withdrawn 464 during the taxable year by the account holder from such account 465 pursuant to subparagraph (D) of subdivision (2) of subsection (f) of 466 section 1 of this act. The amount allowed to be claimed under this 467 subclause for the taxable year shall not exceed two thousand five 468 hundred dollars for an unmarried individual, a married individual 469 filing separately or a head of household and five thousand dollars for 470 married individuals filing jointly; and 471 (II) To the extent properly includable in gross income for federal 472 income tax purposes, an amount equal to the sum of all interest accrued 473 on a disaster savings account, established pursuant to subsection (c) of 474 section 1 of this act, during the taxable year; and 475 (xxxvii) To the extent properly includable in gross income for federal 476 income tax purposes, for an account holder who is a qualified 477 beneficiary of a disaster savings account, as those terms are defined in 478 section 1 of this act, who files a return under the federal income tax as 479 an unmarried individual, a married individual filing separately or a 480 head of household and whose federal adjusted gross income for the 481 taxable year is less than one hundred thousand dollars, or for an account 482 holder who is a qualified beneficiary of a disaster savings account, as 483 those terms are defined in section 1 of this act, who files a return under 484 the federal income tax as a married individual filing jointly and whose 485 Substitute Bill No. 1401 LCO 18 of 19 federal adjusted gross income for the taxable year is less than two 486 hundred thousand dollars, an amount equal to any withdrawal from 487 such account that is used to pay or reimburse such qualified beneficiary 488 for eligible costs, as defined in section 1 of this act, incurred by the 489 qualified beneficiary. 490 Sec. 3. (NEW) (Effective January 1, 2026) (a) (1) For the taxable or 491 income year commencing on or after January 1, 2026, but prior to 492 January 1, 2027, there shall be allowed a credit against the tax imposed 493 under chapter 208 or 229 of the general statutes, other than the liability 494 imposed by section 12-707 of the general statutes, for contributions 495 deposited by the employer of an account holder in a disaster savings 496 account, established pursuant to subsection (c) of section 1 of this act, 497 during the taxable or income years commencing on or after January 1, 498 2025, but prior to January 1, 2027, provided such account holder was 499 employed by such employer at the time such contributions were made. 500 (2) For the taxable or income years commencing on or after January 501 1, 2027, there shall be allowed a credit against the tax imposed under 502 chapter 208 or 229 of the general statutes, other than the liability 503 imposed by section 12-707 of the general statutes, for contributions 504 deposited by the employer of an account holder in a disaster savings 505 account, established pursuant to subsection (c) of section 1 of this act, 506 during the taxable or income year, provided such account holder was 507 employed by such employer at the time such contributions were made. 508 (3) The amount of the credit allowed under subdivisions (1) and (2) 509 of this subsection shall be equal to ten per cent of the amount of the 510 contributions made by the employer into the disaster savings accounts 511 of account holders of such accounts during the income or taxable year, 512 provided the amount of the credit allowed for any income or taxable 513 year with respect to a specific account holder shall not exceed two 514 thousand five hundred dollars. 515 (b) If the employer is an S corporation or an entity treated as a 516 partnership for federal income tax purposes, the credit may be claimed 517 Substitute Bill No. 1401 LCO 19 of 19 by the shareholders or partners of the employer. If the employer is a 518 single member limited liability company that is disregarded as an entity 519 separate from its owner, the credit may be claimed by such limited 520 liability company's owner, provided such owner is a person subject to 521 the tax imposed under chapter 208 or 229 of the general statutes. Any 522 employer claiming the credit shall provide to the Department of 523 Revenue Services documentation supporting such claim in the form and 524 manner prescribed by the Commissioner of Revenue Services. 525 This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 from passage and applicable to taxable years commencing on or after January 1, 2025 12-701(a)(20)(B) Sec. 3 January 1, 2026 New section Statement of Legislative Commissioners: In Section 1(c), "employers of the qualified" was changed to "the employers of the qualified" for clarity; in Section 1(d)(1)(B)(i), "the deduction allowed under subparagraph (B) of subdivision (20)" was changed to "the deductions allowed under subparagraphs (B)(xxxvi) and (B)(xxxvii) of subdivision (20)" for accuracy; and in Sections 1(f)(1) and 1(f)(2)(D), "subparagraph (B) of subdivision (20)" was changed to "subparagraph (B)(xxxvi) or (B)(xxxvii) of subdivision (20)" for accuracy. BA Joint Favorable Subst.