Connecticut Seal

General Assembly

Amendment

 

January Session, 2011

LCO No. 8589

   
 

*HB0665208589SRO*

Offered by:

 

SEN. BOUCHER, 26th Dist.

SEN. FRANTZ, 36th Dist.

 

To: House Bill No. 6652

File No.

Cal. No.

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (g) of section 12-391 of the general statutes, as amended by section 84 of public act 11-6, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to estates of decedents dying on or after January 1, 2011):

(g) (1) With respect to the estates of decedents dying on or after January 1, 2005, but prior to January 1, 2010, the tax based on the Connecticut taxable estate shall be as provided in the following schedule:

T1

Amount of Connecticut

 

T2

Taxable Estate

Rate of Tax

T3

Not over $ 2,000,000

None

T4

Over $ 2,000,000

 

T5

but not over $ 2,100,000

5. 085% of the excess over $ 0

T6

Over $ 2,100,000

$ 106,800 plus 8% of the excess

T7

but not over $ 2,600,000

over $ 2,100,000

T8

Over $ 2,600,000

$ 146,800 plus 8. 8% of the excess

T9

but not over $ 3,100,000

over $ 2,600,000

T10

Over $ 3,100,000

$ 190,800 plus 9. 6% of the excess

T11

but not over $ 3,600,000

over $ 3,100,000

T12

Over $ 3,600,000

$ 238,800 plus 10. 4% of the excess

T13

but not over $ 4,100,000

over $ 3,600,000

T14

Over $ 4,100,000

$ 290,800 plus 11. 2% of the excess

T15

but not over $ 5,100,000

over $ 4,100,000

T16

Over $ 5,100,000

$ 402,800 plus 12% of the excess

T17

but not over $ 6,100,000

over $ 5,100,000

T18

Over $ 6,100,000

$ 522,800 plus 12. 8% of the excess

T19

but not over $ 7,100,000

over $ 6,100,000

T20

Over $ 7,100,000

$ 650,800 plus 13. 6% of the excess

T21

but not over $ 8,100,000

over $ 7,100,000

T22

Over $ 8,100,000

$ 786,800 plus 14. 4% of the excess

T23

but not over $ 9,100,000

over $ 8,100,000

T24

Over $ 9,100,000

$ 930,800 plus 15. 2% of the excess

T25

but not over $ 10,100,000

over $ 9,100,000

T26

Over $ 10,100,000

$ 1,082,800 plus 16% of the excess

T27

 

over $ 10,100,000

(2) With respect to the estates of decedents dying on or after January 1, 2010, [but prior to January 1, 2011,] the tax based on the Connecticut taxable estate shall be as provided in the following schedule:

T28

Amount of Connecticut

 

T29

Taxable Estate

Rate of Tax

T30

Not over $ 3,500,000

None

T31

Over $ 3,500,000

7. 2% of the excess

T32

but not over $ 3,600,000

over $ 3,500,000

T33

Over $ 3,600,000

$ 7,200 plus 7. 8% of the excess

T34

but not over $ 4,100,000

over $ 3,600,000

T35

Over $ 4,100,000

$ 46,200 plus 8. 4% of the excess

T36

but not over $ 5,100,000

over $ 4,100,000

T37

Over $ 5,100,000

$ 130,200 plus 9. 0% of the excess

T38

but not over $ 6,100,000

over $ 5,100,000

T39

Over $ 6,100,000

$ 220,200 plus 9. 6% of the excess

T40

but not over $ 7,100,000

over $ 6,100,000

T41

Over $ 7,100,000

$ 316,200 plus 10. 2% of the excess

T42

but not over $ 8,100,000

over $ 7,100,000

T43

Over $ 8,100,000

$ 418,200 plus 10. 8% of the excess

T44

but not over $ 9,100,000

over $ 8,100,000

T45

Over $ 9,100,000

$ 526,200 plus 11. 4% of the excess

T46

but not over $ 10,100,000

over $ 9,100,000

T47

Over $ 10,100,000

$ 640,200 plus 12% of the excess

T48

 

over $ 10,100,000

[(3) With respect to the estates of decedents dying on or after January 1, 2011, the tax based on the Connecticut taxable estate shall be as provided in the following schedule:

T49

Amount of Connecticut

 

T50

Taxable Estate

Rate of Tax

T51

Not over $ 2,000,000

None

T52

Over $ 2,000,000

7. 2% of the excess

T53

but not over $ 3,600,000

over $ 2,000,000

T54

Over $ 3,600,000

$ 115,200 plus 7. 8% of the excess

T55

but not over $ 4,100,000

over $ 3,600,000

T56

Over $ 4,100,000

$ 154,200 plus 8. 4% of the excess

T57

but not over $ 5,100,000

over $ 4,100,000

T58

Over $ 5,100,000

$ 238,200 plus 9. 0% of the excess

T59

but not over $ 6,100,000

over $ 5,100,000

T60

Over $ 6,100,000

$ 328,200 plus 9. 6% of the excess

T61

but not over $ 7,100,000

over $ 6,100,000

T62

Over $ 7,100,000

$ 424,200 plus 10. 2% of the excess

T63

but not over $ 8,100,000

over $ 7,100,000

T64

Over $ 8,100,000

$ 526,200 plus 10. 8% of the excess

T65

but not over $ 9,100,000

over $ 8,100,000

T66

Over $ 9,100,000

$ 634,200 plus 11. 4% of the excess

T67

but not over $ 10,100,000

over $ 9,100,000

T68

Over $ 10,100,000

$ 748,200 plus 12% of the excess

T69

 

over $ 10,100,000]

Sec. 502. Subdivision (3) of subsection (b) of section 12-392 of the general statutes, as amended by section 85 of public act 11-6, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to estates of decedents dying on or after January 1, 2011):

(3) (A) A tax return shall be filed, in the case of every decedent who died prior to January 1, 2005, and at the time of death was (i) a resident of this state, or (ii) a nonresident of this state whose gross estate includes any real property situated in this state or tangible personal property having an actual situs in this state, whenever the personal representative of the estate is required by the laws of the United States to file a federal estate tax return.

(B) A tax return shall be filed, in the case of every decedent who dies on or after January 1, 2005, but prior to January 1, 2010, and at the time of death was (i) a resident of this state, or (ii) a nonresident of this state whose gross estate includes any real property situated in this state or tangible personal property having an actual situs in this state. If the decedent's Connecticut taxable estate is over two million dollars, such tax return shall be filed with the Commissioner of Revenue Services and a copy of such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated. If the decedent's Connecticut taxable estate is two million dollars or less, such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated, and no such return shall be filed with the Commissioner of Revenue Services. The judge of probate for the district in which such return is filed shall review each such return and shall issue a written opinion to the estate representative in each case in which the judge determines that the estate is not subject to tax under this chapter.

(C) A tax return shall be filed, in the case of every decedent who dies on or after January 1, 2010, [but prior to January 1, 2011,] and at the time of death was (i) a resident of this state, or (ii) a nonresident of this state whose gross estate includes any real property situated in this state or tangible personal property having an actual situs in this state. If the decedent's Connecticut taxable estate is over three million five hundred thousand dollars, such tax return shall be filed with the Commissioner of Revenue Services and a copy of such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated. If the decedent's Connecticut taxable estate is three million five hundred thousand dollars or less, such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated, and no such return shall be filed with the Commissioner of Revenue Services. The judge of probate for the district in which such return is filed shall review each such return and shall issue a written opinion to the estate representative in each case in which the judge determines that the estate is not subject to tax under this chapter.

[(D) A tax return shall be filed, in the case of every decedent who dies on or after January 1, 2011, and at the time of death was (i) a resident of this state, or (ii) a nonresident of this state whose gross estate includes any real property situated in this state or tangible personal property having an actual situs in this state. If the decedent's Connecticut taxable estate is over two million dollars, such tax return shall be filed with the Commissioner of Revenue Services and a copy of such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated. If the decedent's Connecticut taxable estate is two million dollars or less, such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated, and no such return shall be filed with the Commissioner of Revenue Services. The judge of probate for the district in which such return is filed shall review each such return and shall issue a written opinion to the estate representative in each case in which the judge determines that the estate is not subject to tax under this chapter. ]

[(E)] (D) The duly authorized executor or administrator shall file the return. If there is more than one executor or administrator, the return shall be made jointly by all. If there is no executor or administrator appointed, qualified and acting, each person in actual or constructive possession of any property of the decedent is constituted an executor for purposes of the tax and shall make and file a return. If in any case the executor is unable to make a complete return as to any part of the gross estate, the executor shall provide all the information available to him with respect to such property, including a full description, and the name of every person holding a legal or beneficial interest in the property. If the executor is unable to make a return as to any property, each person holding a legal or equitable interest in such property shall, upon notice from the commissioner, make a return as to that part of the gross estate.

[(F)] (E) On or before the last day of the month next succeeding each calendar quarter, and commencing with the calendar quarter ending September 30, 2005, each court of probate shall file with the commissioner a report for the calendar quarter in such form as the commissioner may prescribe. The report shall pertain to returns filed with the court of probate during the calendar quarter.

Sec. 503. Subsection (e) of section 12-398 of the general statutes, as amended by section 503 of public act 11-6, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to estates of decedents dying on or after January 1, 2011):

(e) Any person shall be entitled to a certificate of release of lien with respect to the interest of the decedent in such real property, if either the court of probate for the district within which the decedent resided at the date of his death or, if the decedent died a nonresident of this state, for the district within which real estate or tangible personal property of the decedent is situated, or the Commissioner of Revenue Services finds, upon evidence satisfactory to said court or said commissioner, as the case may be, that payment of the tax imposed under this chapter with respect to the interest of the decedent in such real property is adequately assured, or that no tax imposed under this chapter is due. If the decedent died prior to January 1, 2010, and such decedent's Connecticut taxable estate is two million dollars or less, or if the decedent died on or after January 1, 2010, [but prior to January 1, 2011,] and such decedent's Connecticut taxable estate is three million five hundred thousand dollars or less, [or if the decedent died on or after January 1, 2011, and such decedent's Connecticut taxable estate is two million dollars or less,] the certificate of release of lien shall be issued by the court of probate. Such certificate may be recorded in the office of the town clerk of the town within which such real property is situated, and it shall be conclusive proof that such real property has been released from the operation of such lien. The commissioner may adopt regulations in accordance with the provisions of chapter 54 that establish procedures to be followed by a court of probate or by said commissioner, as the case may be, for issuing certificates of release of lien, and that establish the requirements and conditions that must be satisfied in order for a court of probate or for the commissioner, as the case may be, to find that the payment of such tax is adequately assured or that no tax imposed under this chapter is due.

Sec. 504. Subsection (a) of section 12-642 of the general statutes, as amended by section 87 of public act 11-6, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to gifts made during calendar years commencing on or after January 1, 2011):

(a) (1) With respect to calendar years commencing prior to January 1, 2001, the tax imposed by section 12-640 for the calendar year shall be at a rate of the taxable gifts made by the donor during the calendar year set forth in the following schedule:

T70

Amount of Taxable Gifts

Rate of Tax

T71

Not over $ 25,000

1%

T72

Over $ 25,000

$ 250, plus 2% of the excess

T73

but not over $ 50,000

over $ 25,000

T74

Over $ 50,000

$ 750, plus 3% of the excess

T75

but not over $ 75,000

over $ 50,000

T76

Over $ 75,000

$ 1,500, plus 4% of the excess

T77

but not over $ 100,000

over $ 75,000

T78

Over $ 100,000

$ 2,500, plus 5% of the excess

T79

but not over $ 200,000

over $ 100,000

T80

Over $ 200,000

$ 7,500, plus 6% of the excess

T81

 

over $ 200,000

(2) With respect to the calendar years commencing January 1, 2001, January 1, 2002, January 1, 2003, and January 1, 2004, the tax imposed by section 12-640 for each such calendar year shall be at a rate of the taxable gifts made by the donor during the calendar year set forth in the following schedule:

T82

Amount of Taxable Gifts

Rate of Tax

T83

Over $ 25,000

$ 250, plus 2% of the excess

T84

but not over $ 50,000

over $ 25,000

T85

Over $ 50,000

$ 750, plus 3% of the excess

T86

but not over $ 75,000

over $ 50,000

T87

Over $ 75,000

$ 1,500, plus 4% of the excess

T88

but not over $ 100,000

over $ 75,000

T89

Over $ 100,000

$ 2,500, plus 5% of the excess

T90

but not over $ 675,000

over $ 100,000

T91

Over $ 675,000

$ 31,250, plus 6% of the excess

T92

 

over $ 675,000

(3) With respect to Connecticut taxable gifts, as defined in section 12-643, made by a donor during a calendar year commencing on or after January 1, 2005, but prior to January 1, 2010, including the aggregate amount of all Connecticut taxable gifts made by the donor during all calendar years commencing on or after January 1, 2005, but prior to January 1, 2010, the tax imposed by section 12-640 for the calendar year shall be at the rate set forth in the following schedule, with a credit allowed against such tax for any tax previously paid to this state pursuant to this subdivision:

T93

Amount of Taxable Gifts

Rate of Tax

T94

Not over $ 2,000,000

None

T95

Over $ 2,000,000

 

T96

but not over $ 2,100,000

5. 085% of the excess over $ 0

T97

Over $ 2,100,000

$ 106,800 plus 8% of the excess

T98

but not over $ 2,600,000

over $ 2,100,000

T99

Over $ 2,600,000

$ 146,800 plus 8. 8% of the excess

T100

but not over $ 3,100,000

over $ 2,600,000

T101

Over $ 3,100,000

$ 190,800 plus 9. 6% of the excess

T102

but not over $ 3,600,000

over $ 3,100,000

T103

Over $ 3,600,000

$ 238,800 plus 10. 4% of the excess

T104

but not over $ 4,100,000

over $ 3,600,000

T105

Over $ 4,100,000

$ 290,800 plus 11. 2% of the excess

T106

but not over $ 5,100,000

over $ 4,100,000

T107

Over $ 5,100,000

$ 402,800 plus 12% of the excess

T108

but not over $ 6,100,000

over $ 5,100,000

T109

Over $ 6,100,000

$ 522,800 plus 12. 8% of the excess

T110

but not over $ 7,100,000

over $ 6,100,000

T111

Over $ 7,100,000

$ 650,800 plus 13. 6% of the excess

T112

but not over $ 8,100,000

over $ 7,100,000

T113

Over $ 8,100,000

$ 786,800 plus 14. 4% of the excess

T114

but not over $ 9,100,000

over $ 8,100,000

T115

Over $ 9,100,000

$ 930,800 plus 15. 2% of the excess

T116

but not over $ 10,100,000

over $ 9,100,000

T117

Over $ 10,100,000

$ 1,082,800 plus 16% of the excess

T118

 

over $ 10,100,000

(4) With respect to Connecticut taxable gifts, as defined in section 12-643, made by a donor during a calendar year commencing on or after January 1, 2010, [but prior to January 1, 2011,] including the aggregate amount of all Connecticut taxable gifts made by the donor during all calendar years commencing on or after January 1, 2005, the tax imposed by section 12-640 for the calendar year shall be at the rate set forth in the following schedule, with a credit allowed against such tax for any tax previously paid to this state pursuant to this subdivision or pursuant to subdivision (3) of this subsection, provided such credit shall not exceed the amount of tax imposed by this section:

T119

Amount of Taxable Gifts

Rate of Tax

T120

Not over $ 3,500,000

None

T121

Over $ 3,500,000

7. 2% of the excess

T122

but not over $ 3,600,000

over $ 3,500,000

T123

Over $ 3,600,000

$ 7,200 plus 7. 8% of the excess

T124

but not over $ 4,100,000

over $ 3,600,000

T125

Over $ 4,100,000

$ 46,200 plus 8. 4% of the excess

T126

but not over $ 5,100,000

over $ 4,100,000

T127

Over $ 5,100,000

$ 130,200 plus 9. 0% of the excess

T128

but not over $ 6,100,000

over $ 5,100,000

T129

Over $ 6,100,000

$ 220,200 plus 9. 6% of the excess

T130

but not over $ 7,100,000

over $ 6,100,000

T131

Over $ 7,100,000

$ 316,200 plus 10. 2% of the excess

T132

but not over $ 8,100,000

over $ 7,100,000

T133

Over $ 8,100,000

$ 418,200 plus 10. 8% of the excess

T134

but not over $ 9,100,000

over $ 8,100,000

T135

Over $ 9,100,000

$ 526,200 plus 11. 4% of the excess

T136

but not over $ 10,100,000

over $ 9,100,000

T137

Over $ 10,100,000

$ 640,200 plus 12% of the excess

T138

 

over $ 10,100,000

[(5) With respect to Connecticut taxable gifts, as defined in section 12-643, made by a donor during a calendar year commencing on or after January 1, 2011, including the aggregate amount of all Connecticut taxable gifts made by the donor during all calendar years commencing on or after January 1, 2005, the tax imposed by section 12-640 for the calendar year shall be at the rate set forth in the following schedule, with a credit allowed against such tax for any tax previously paid to this state pursuant to this subdivision or pursuant to subdivision (3) or (4) of this subsection, provided such credit shall not exceed the amount of tax imposed by this section:

T139

Amount of Taxable Gifts

Rate of Tax

T140

Not over $ 2,000,000

None

T141

Over $ 2,000,000

7. 2% of the excess

T142

but not over $ 3,600,000

over $ 2,000,000

T143

Over $ 3,600,000

$ 115,200 plus 7. 8% of the excess

T144

but not over $ 4,100,000

over $ 3,600,000

T145

Over $ 4,100,000

$ 154,200 plus 8. 4% of the excess

T146

but not over $ 5,100,000

over $ 4,100,000

T147

Over $ 5,100,000

$ 238,200 plus 9. 0% of the excess

T148

but not over $ 6,100,000

over $ 5,100,000

T149

Over $ 6,100,000

$ 328,200 plus 9. 6% of the excess

T150

but not over $ 7,100,000

over $ 6,100,000

T151

Over $ 7,100,000

$ 424,200 plus 10. 2% of the excess

T152

but not over $ 8,100,000

over $ 7,100,000

T153

Over $ 8,100,000

$ 526,200 plus 10. 8% of the excess

T154

but not over $ 9,100,000

over $ 8,100,000

T155

Over $ 9,100,000

$ 634,200 plus 11. 4% of the excess

T156

but not over $ 10,100,000

over $ 9,100,000

T157

Over $ 10,100,000

$ 748,200 plus 12% of the excess

T158

 

over $ 10,100,000]"