1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | LCO No. 7060 1 of 5 |
---|
4 | 4 | | |
---|
5 | 5 | | General Assembly Raised Bill No. 1558 |
---|
6 | 6 | | January Session, 2025 |
---|
7 | 7 | | LCO No. 7060 |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | Referred to Committee on FINANCE, REVENUE AND |
---|
11 | 11 | | BONDING |
---|
12 | 12 | | |
---|
13 | 13 | | |
---|
14 | 14 | | Introduced by: |
---|
15 | 15 | | (FIN) |
---|
16 | 16 | | |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | |
---|
20 | 20 | | AN ACT CONCERNING INCOME TAXES IMPOSED BY OTHER |
---|
21 | 21 | | JURISDICTIONS ON RESIDENTS OF THE STATE. |
---|
22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
---|
23 | 23 | | Assembly convened: |
---|
24 | 24 | | |
---|
25 | 25 | | Section 1. Subsection (a) of section 12-704 of the general statutes is 1 |
---|
26 | 26 | | repealed and the following is substituted in lieu thereof (Effective January 2 |
---|
27 | 27 | | 1, 2026, and applicable to taxable years commencing on or after January 1, 3 |
---|
28 | 28 | | 2026): 4 |
---|
29 | 29 | | (a) (1) Any resident or part-year resident of this state shall be allowed 5 |
---|
30 | 30 | | a credit, subject to the provisions of subdivision (6) of this subsection, 6 |
---|
31 | 31 | | against the tax otherwise due under this chapter in the amount of any 7 |
---|
32 | 32 | | income tax imposed on such resident or part-year resident for the 8 |
---|
33 | 33 | | taxable year by another state of the United States or a political 9 |
---|
34 | 34 | | subdivision thereof or the District of Columbia on income derived from 10 |
---|
35 | 35 | | sources therein and [which] that is also subject to tax under this chapter. 11 |
---|
36 | 36 | | (2) In the case of a resident, the credit provided under this section 12 |
---|
37 | 37 | | shall not exceed the proportion of the tax otherwise due under this 13 |
---|
38 | 38 | | chapter that the amount of the taxpayer's Connecticut adjusted gross 14 |
---|
39 | 39 | | Raised Bill No. 1558 |
---|
40 | 40 | | |
---|
41 | 41 | | |
---|
42 | 42 | | |
---|
43 | 43 | | LCO No. 7060 2 of 5 |
---|
44 | 44 | | |
---|
45 | 45 | | income derived from or connected with sources in the other taxing 15 |
---|
46 | 46 | | jurisdiction bears to such taxpayer's Connecticut adjusted gross income 16 |
---|
47 | 47 | | under this chapter. The provisions of this section shall also apply to 17 |
---|
48 | 48 | | resident trusts and estates and, wherever reference is made in this 18 |
---|
49 | 49 | | section to residents of this state, such reference shall be construed to 19 |
---|
50 | 50 | | include resident trusts and estates. 20 |
---|
51 | 51 | | (3) In the case of a part-year resident, the credit provided under this 21 |
---|
52 | 52 | | section shall not exceed the proportion of the tax otherwise due during 22 |
---|
53 | 53 | | the period of residency under this chapter that the amount of the 23 |
---|
54 | 54 | | taxpayer's Connecticut adjusted gross income derived from or 24 |
---|
55 | 55 | | connected with sources in the other jurisdiction during the period of 25 |
---|
56 | 56 | | residency bears to such taxpayer's Connecticut adjusted gross income 26 |
---|
57 | 57 | | during the period of residency under this chapter. The provisions of this 27 |
---|
58 | 58 | | section shall also apply to part-year resident trusts and, wherever 28 |
---|
59 | 59 | | reference is made in this section to part-year residents of this state, such 29 |
---|
60 | 60 | | reference shall be construed to include part-year resident trusts. 30 |
---|
61 | 61 | | (4) The allowance of the credit provided under this section shall not 31 |
---|
62 | 62 | | reduce the tax otherwise due under this chapter to an amount less than 32 |
---|
63 | 63 | | what would have been due if the income subject to taxation by such 33 |
---|
64 | 64 | | other jurisdiction were excluded from Connecticut adjusted gross 34 |
---|
65 | 65 | | income. 35 |
---|
66 | 66 | | (5) For purposes of this subsection, a tax on wages that is paid to 36 |
---|
67 | 67 | | another state of the United States or a political subdivision thereof or the 37 |
---|
68 | 68 | | District of Columbia by an employer on behalf of an employee and for 38 |
---|
69 | 69 | | which a credit is allowed by such other jurisdiction shall be considered 39 |
---|
70 | 70 | | an income tax and a comparable credit may be claimed by the resident 40 |
---|
71 | 71 | | or part-year resident, subject to the limitations set forth in this 41 |
---|
72 | 72 | | subsection, in the form and manner prescribed by the commissioner. 42 |
---|
73 | 73 | | (6) Notwithstanding the provisions of subdivisions (2) and (3) of this 43 |
---|
74 | 74 | | subsection, the portion of the amount of any credit allowed pursuant to 44 |
---|
75 | 75 | | this section that is attributable to income derived from services rendered 45 |
---|
76 | 76 | | Raised Bill No. 1558 |
---|
77 | 77 | | |
---|
78 | 78 | | |
---|
79 | 79 | | |
---|
80 | 80 | | LCO No. 7060 3 of 5 |
---|
81 | 81 | | |
---|
82 | 82 | | while such resident or part-year resident was within this state shall be 46 |
---|
83 | 83 | | multiplied by ninety-nine-hundredths per cent. 47 |
---|
84 | 84 | | Sec. 2. (Effective from passage) The Attorney General shall study 48 |
---|
85 | 85 | | specific steps the office of the Attorney General may take to defend 49 |
---|
86 | 86 | | residents of this state from having taxes imposed by another state of the 50 |
---|
87 | 87 | | United States or a political subdivision thereof or the District of 51 |
---|
88 | 88 | | Columbia on income derived from services rendered while such 52 |
---|
89 | 89 | | resident was within this state. Not later than January 1, 2026, the 53 |
---|
90 | 90 | | Attorney General shall submit a report, in accordance with the 54 |
---|
91 | 91 | | provisions of section 11-4a of the general statutes, of the findings of such 55 |
---|
92 | 92 | | study and any recommendations of said office to the joint standing 56 |
---|
93 | 93 | | committee of the General Assembly having cognizance of matters 57 |
---|
94 | 94 | | relating to finance, revenue and bonding. 58 |
---|
95 | 95 | | Sec. 3. (NEW) (Effective from passage) For taxable years commencing 59 |
---|
96 | 96 | | on or after January 1, 2020: 60 |
---|
97 | 97 | | (1) A resident of this state who satisfies the provisions of 61 |
---|
98 | 98 | | subparagraphs (A) to (D), inclusive, of this subdivision shall be allowed 62 |
---|
99 | 99 | | a credit against the tax otherwise due for the applicable taxable year 63 |
---|
100 | 100 | | under chapter 229 of the general statutes, other than the liability 64 |
---|
101 | 101 | | imposed by section 12-707 of the general statutes, in an amount equal to 65 |
---|
102 | 102 | | fifty per cent of the amount of taxes owed to this state as a result of the 66 |
---|
103 | 103 | | readjustment of the credit for taxes paid to another state of the United 67 |
---|
104 | 104 | | States or a political subdivision thereof or the District of Columbia, 68 |
---|
105 | 105 | | pursuant to section 12-704 of the general statutes, as amended by this 69 |
---|
106 | 106 | | act. To be eligible for the credit under this section, such resident shall 70 |
---|
107 | 107 | | have: 71 |
---|
108 | 108 | | (A) Paid any income tax or wage tax imposed for the taxable year by 72 |
---|
109 | 109 | | another state of the United States or a political subdivision thereof or the 73 |
---|
110 | 110 | | District of Columbia; 74 |
---|
111 | 111 | | (B) Applied for and been denied a refund from such other jurisdiction 75 |
---|
112 | 112 | | for taxes paid to such other jurisdiction on income derived from services 76 |
---|
113 | 113 | | Raised Bill No. 1558 |
---|
114 | 114 | | |
---|
115 | 115 | | |
---|
116 | 116 | | |
---|
117 | 117 | | LCO No. 7060 4 of 5 |
---|
118 | 118 | | |
---|
119 | 119 | | rendered while such resident was within this state; 77 |
---|
120 | 120 | | (C) Filed an appeal with a court or tribunal through which such 78 |
---|
121 | 121 | | resident formally protested such denial; and 79 |
---|
122 | 122 | | (D) Obtained a final decision that resulted in such resident being 80 |
---|
123 | 123 | | refunded taxes paid to such other jurisdiction on income derived from 81 |
---|
124 | 124 | | services rendered while such resident was within this state. 82 |
---|
125 | 125 | | (2) No penalty or interest shall be imposed on any late payment of 83 |
---|
126 | 126 | | the tax due under chapter 229 of the general statutes, other than the 84 |
---|
127 | 127 | | liability imposed by section 12-707 of the general statutes, if (A) such 85 |
---|
128 | 128 | | late payment is attributable to a reduction in the credit for taxes paid 86 |
---|
129 | 129 | | under section 12-704 of the general statutes, as amended by this act, (B) 87 |
---|
130 | 130 | | such reduction in the credit for taxes paid is the direct result of a refund 88 |
---|
131 | 131 | | that a resident of this state received from another state of the United 89 |
---|
132 | 132 | | States or a political subdivision thereof or the District of Columbia, (C) 90 |
---|
133 | 133 | | such refund relates to income derived from services rendered while 91 |
---|
134 | 134 | | such resident was not within such other jurisdiction, and (D) such other 92 |
---|
135 | 135 | | jurisdiction requires employee income to be sourced to an employer's 93 |
---|
136 | 136 | | location if a nonresident renders services from an out-of-state location. 94 |
---|
137 | 137 | | This act shall take effect as follows and shall amend the following |
---|
138 | 138 | | sections: |
---|
139 | 139 | | |
---|
140 | 140 | | Section 1 January 1, 2026, and |
---|
141 | 141 | | applicable to taxable years |
---|
142 | 142 | | commencing on or after |
---|
143 | 143 | | January 1, 2026 |
---|
144 | 144 | | 12-704(a) |
---|
145 | 145 | | Sec. 2 from passage New section |
---|
146 | 146 | | Sec. 3 from passage New section |
---|
147 | 147 | | |
---|
148 | 148 | | Statement of Purpose: |
---|
149 | 149 | | To (1) reduce a portion of the amount of the credit for income taxes paid |
---|
150 | 150 | | to other states, (2) require the Attorney General to study ways to defend |
---|
151 | 151 | | residents from having income tax imposed by other jurisdictions on |
---|
152 | 152 | | income derived from services rendered while such resident was within |
---|
153 | 153 | | Raised Bill No. 1558 |
---|
154 | 154 | | |
---|
155 | 155 | | |
---|
156 | 156 | | |
---|
157 | 157 | | LCO No. 7060 5 of 5 |
---|
158 | 158 | | |
---|
159 | 159 | | this state, and (3) provide a credit to residents who file an appeal |
---|
160 | 160 | | protesting the tax imposed by such other jurisdiction. |
---|
161 | 161 | | |
---|
162 | 162 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
163 | 163 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
164 | 164 | | underlined.] |
---|
165 | 165 | | |
---|