Sec. 12-638a. Definitions. As used in this chapter, (1) "commissioner" means the
Commissioner of Revenue Services, and (2) "controlling interest" means (A) in the case
of a corporation, more than fifty per cent of the total combined voting power of all
classes of stock of such corporation, and (B) in the case of a partnership, association,
trust or other entity, more than fifty per cent of the capital, profits or beneficial interest
in such partnership, association, trust or other entity. Sec. 12-638b. Tax on transfer of controlling interest in entity possessing real
property. Rate of tax applied to the value of the real property. (a) There is hereby
imposed a tax on the sale or transfer of a controlling interest in any entity which possesses
an interest in real property in this state when the present true and actual value of the
interest in real property equals or exceeds two thousand dollars, payable by the person
selling or transferring such controlling interest, at the rate of one and eleven one-hundredths of one per cent of the present true and actual value of the interest in real property
possessed by such entity. Sec. 12-638c. Filing return and payment of tax. Penalty and waiver provisions.
Regulations. (a) On or before the last day of the month following the month in which
the sale or transfer of a controlling interest in an entity which is subject to the tax imposed
by section 12-638b, a return shall be filed with the commissioner by the person conveying the controlling interest, in such form as the commissioner may prescribe. Payment of the tax shall accompany such return. Returns shall be signed by the person
required to file the return for such entity or by the authorized agent of such person but
need not be verified by oath. If any entity fails to pay the amount of tax reported to be
due on its return within the time specified under the provisions of this section, there
shall be imposed a penalty equal to ten per cent of such amount due and unpaid or fifty
dollars, whichever is greater. Such amount shall bear interest at the rate of one per cent
per month or fraction thereof, from the due date. Subject to the provisions of section
12-3a, the commissioner may waive all or part of the penalties provided under this
chapter when it is proven to the commissioner's satisfaction that the failure to pay any
tax was due to reasonable cause and was not intentional or due to neglect. Sec. 12-638d. Examination of records. Deficiency assessment. Penalty. Limitation of assessment period. (a) The commissioner may examine the records of any
entity subject to a tax imposed under this chapter, as he may deem necessary. If he shall
determine therefrom that there is a deficiency with respect to the payment of any such
tax due under the provisions of this chapter, he shall assess or reassess the deficiency
in tax, give notice of such deficiency assessment or reassessment to the taxpayer and
make demand upon him for payment. Such amount shall bear interest at the rate of one
per cent per month or fraction thereof from the date when the original tax was due and
payable. When it appears that any part of the deficiency for which a deficiency assessment is made is due to negligence or intentional disregard of the provisions of this
chapter or regulations promulgated thereunder, there shall be imposed a penalty equal
to ten per cent of the amount of such deficiency assessment, or fifty dollars, whichever
is greater. When it appears that any part of the deficiency for which a deficiency assessment is made is due to fraud or intent to evade the provisions of this chapter or regulations
promulgated thereunder, there shall be imposed a penalty equal to twenty-five per cent
of the amount of such deficiency assessment. No taxpayer shall be subject to more
than one penalty under this subsection in relation to the same tax period. Any decision
rendered by any federal court holding that a taxpayer has filed a fraudulent return with
the Director of Internal Revenue shall subject the taxpayer to the penalty imposed by
this section without the necessity of further proof thereof, except when it can be shown
that the return to the state so differed from the return to the federal government as to
afford a reasonable presumption that the attempt to defraud did not extend to the return
filed with the state. Within thirty days of the mailing of such notice, the taxpayer shall
pay to the commissioner, in cash, or by check, draft or money order drawn to the order
of the Commissioner of Revenue Services, any additional amount of tax, penalty and
interest shown to be due. Sec. 12-638e. Excess payments. Section 12-638e is repealed, effective April
13, 1995. Sec. 12-638f. Claims for refund. (a) Any person believing that he has overpaid any
taxes due under this chapter may file a claim for refund in writing with the commissioner
within three years from the due date for which such overpayment was made stating the
specific grounds upon which the claim is founded. Failure to file a claim within the time
prescribed in this section constitutes a waiver of any demand against the state on account
of overpayment. The commissioner shall review such claim within a reasonable time
and, if he determines a refund is due, he shall credit the overpayment against any amount
then due and payable from the person under this chapter, or any other act administered
by the commissioner and the balance shall be refunded, upon order of the Comptroller,
to the person. If the commissioner determines that such claim is not valid, either in
whole or in part, he shall mail notice of the proposed disallowance to the claimant,
which notice shall set forth briefly the commissioner's findings of fact and the basis of
disallowance in each case decided in whole or in part adversely to the claimant. Sixty
days after the date on which it is mailed, a notice of proposed disallowance shall constitute a final disallowance except only for such amounts as to which the claimant has filed,
as provided in subsection (b) of this section, a written protest with the commissioner. Sec. 12-638g. Wilful violations. Penalties. (a) Any entity required under this
chapter to pay any tax, or required under this chapter or by regulations adopted in accordance with the provisions of this chapter to make a return, keep any records or supply
any information, who wilfully fails to pay such tax, make such return, keep such records,
or supply such information, at the time required by law or regulations, shall, in addition
to any other penalty provided by law, be fined not more than one thousand dollars or
imprisoned not more than one year or both. Notwithstanding the provisions of section
54-193, no person shall be prosecuted for a violation of the provisions of this subsection
committed on or after July 1, 1997, except within three years next after such violation
has been committed. As used in this section, "entity" includes any officer or employee
of a corporation or a member or employee of a partnership under a duty to pay such tax,
to make such return, keep such records or supply such information. Sec. 12-638h. Records. Examinations. Hearings. Testimony. (a) The Commissioner of Revenue Services may require all entities subject to a tax imposed under this
chapter to keep such records as he may prescribe, and he may require the production of
books, papers, documents and other data, to provide or secure information pertinent to
the determination of the taxes imposed by this chapter and the enforcement and collection thereof. Sec. 12-638i. Application to commissioner for hearing. (a) Any taxpayer, aggrieved by the action of the commissioner or his authorized agent in fixing the amount
of any tax, penalty or interest provided for by this chapter may apply to the commissioner,
in writing, within sixty days after notice of such action is delivered or mailed to him,
for a hearing and a correction of the amount of the tax, penalty or interest so fixed,
setting forth the reasons why such hearing should be granted and the amount of the tax,
penalty or interest should be reduced. The commissioner shall promptly consider each
such application and may grant or deny the hearing requested. If the hearing is denied,
the applicant shall be notified thereof forthwith. If it is granted, the commissioner shall
notify the applicant of the time and place fixed for such hearing. After such hearing the
commissioner may make such order in the premises as appears to him just and lawful
and shall furnish a copy of such order to the applicant. The commissioner may, by notice
in writing, at any time within three years after the date when any return of any taxpayer
has been due, order a hearing on his own initiative and require the taxpayer or any other
individual whom he believes to be in possession of relevant information concerning the
taxpayer to appear before him or his authorized agent with any specified books of account, papers or other documents, for examination under oath. Sec. 12-638j. Collection of tax. State lien against real estate as security for tax.
The amount of any tax, penalty or interest due and unpaid under the provisions of this
chapter may be collected under the provisions of section 12-35. The warrant therein
provided for shall be signed by the Commissioner of Revenue Services or his authorized
agent. The amount of any such tax, penalty and interest shall be a lien, from the last day
of the month next preceding the due date of such tax until discharged by payment, against
all real estate of the taxpayer within the state, and a certificate of such lien signed by
the commissioner may be filed for record in the office of the clerk of any town in which
such real estate is situated, provided no such lien shall be effective as against any bona
fide purchaser or qualified encumbrancer of any interest in any such property. When
any tax with respect to which a lien has been recorded under the provisions of this section
has been satisfied, the commissioner, upon request of any interested party, shall issue
a certificate discharging such lien, which certificate shall be recorded in the same office
in which the lien is recorded. Any action for the foreclosure of such lien shall be brought
by the Attorney General in the name of the state in the superior court for the judicial
district in which the property subject to such lien is situated, or, if such property is
located in two or more judicial districts, in the superior court for any one such judicial
district, and the court may limit the time for redemption or order the sale of such property
or make such other or further decree as it judges equitable. Sec. 12-638k. Certain portion of tax collected to be remitted to town in which
the real property is located. (a) On or before the first day of the fourth month following
the end of each calendar quarter, the commissioner shall certify to the State Comptroller
an amount equal to eleven one hundredths of one per cent of the present true and actual
value of the interest in real property conveyed in each town which has been collected
pursuant to this chapter for such quarter, which amount shall be remitted to the town in
which such real property is located. The State Comptroller shall draw his order on the
State Treasurer not later than fifteen days following the date on which the commissioner
certifies an amount to the State Comptroller. The State Treasurer shall pay the amount
to be paid to each town in accordance with this section not later than five days from the
date on which the State Comptroller draws his order on the State Treasurer. Sec. 12-638l. Additional tax imposed with that under section 12-638b when
the real property conveyed is classified as open space land, farm land or forest land
at the time of transfer. (a) Any land which has been classified by the record owner
thereof as open space land pursuant to section 12-107e shall, if a controlling interest in
the entity which possesses an interest in such land is sold within a period of ten years
from the time the owner first caused such land to be so classified, be subject to a tax
applicable to the present true and actual value of such land, which tax shall be in addition
to the tax imposed under this chapter. Said tax shall be at the following rate: (1) Ten
per cent of said present true and actual value if sold within the first year following the
date of such classification; (2) nine per cent if sold within the second year following
the date of such classification; (3) eight per cent if sold within the third year following
the date of such classification; (4) seven per cent if sold within the fourth year following
the date of such classification; (5) six per cent if sold within the fifth year following the
date of such classification; (6) five per cent if sold within the sixth year following the
date of such classification; (7) four per cent if sold within the seventh year following
the date of such classification; (8) three per cent if sold within the eighth year following
the date of such classification; (9) two per cent if sold within the ninth year following
the date of such classification; and (10) one per cent if sold within the tenth year following
the date of such classification. No tax shall be imposed on such record owner by the
provisions of this chapter following the end of the tenth year after the date of such
classification by such record owner. Sec. 12-638m. Payment of tax imposed by section 12-638l. Classification of the
land terminates automatically. The tax imposed by section 12-638l shall be due and
payable by the particular grantor who caused such classification to be made in the same
manner as the tax imposed by this chapter. The total amount of the tax shall be paid to
the town in the same manner as the municipal portion is paid to towns under section
12-638k. Upon the receipt of such payment, such land shall be automatically declassified
and the assessor shall forthwith record with the town clerk a certificate setting forth that
such land has been declassified. Thereafter, such land shall be assessed at its fair market
value as determined by the assessor under the provisions of section 12-63 for all other
property, until such time as a record owner may reclassify such land. Sec. 12-638n. Transfers not subject to the tax under section 12-638l. The provisions of section 12-638l shall not be applicable to any sale having any of the following
underlying characteristics: (a) Transfers of land resulting from eminent domain proceedings; (b) mortgage deeds; (c) deeds to or by the United States of America, state of
Connecticut or any political subdivision or agency thereof; (d) strawman deeds and
deeds which correct, modify, supplement or confirm a deed previously recorded; (e)
deeds between husband and wife and parent and child when no consideration is received,
except that a subsequent nonexempt transfer by the grantee in such cases shall be subject
to the provisions of section 12-638l as it would be if the grantor were making such
nonexempt transfer; (f) tax deeds; (g) deeds releasing any property which is a security
for a debt or other obligation; (h) deeds of partition; (i) property transferred as a result
of death by devise or otherwise and in such transfer the date of acquisition or classification of the land for purposes of this chapter, whichever is earlier, shall be the date of
acquisition or classification by the decedent; (j) deeds to any corporation, trust or other
entity, of land to be held in perpetuity for educational, scientific, aesthetic or other
equivalent passive uses, provided such corporation, trust or other entity has received a
determination from the Internal Revenue Service that contributions to it are deductible
under applicable sections of the Internal Revenue Code; and (k) land subject to a covenant specifically set forth in the deed transferring title to such land, which covenant is
enforceable by the town in which such land is located, to refrain from selling or developing such land in a manner inconsistent with its classification as farm land pursuant
to section 12-107c, forest land pursuant to section 12-107d or open space land pursuant
to section 12-107e for a period of not less than eight years from the date of transfer, if
such covenant is violated the tax set forth in this chapter shall be applicable at the rate
which would have been applicable at the date the deed containing the covenant was
delivered and, in addition, the town or any taxpayer therein may commence an action
to enforce such covenant. If such action is taken by such a taxpayer, the town shall be
served as a necessary party. Sec. 12-638o. Filing and collection provisions related to the tax under sections
12-638l to 12-638n, inclusive. The provisions of sections 12-638a to 12-638k, inclusive,
pertaining to the filing of returns, declarations, assessment and collection of taxes and
penalties shall be applicable to the tax imposed by sections 12-638l to 12-638n, inclusive. Sec. 12-638p. Certain records to be kept by any entity with respect to which
a sale or transfer of controlling interest in such entity is subject to tax under this
chapter. Any entity with respect to which there is a sale or transfer of a controlling
interest in such entity, which sale or transfer is subject to the tax imposed by section
12-638b, shall keep a record of and report every transfer of a controlling interest in its
stock or in its capital, profits or beneficial interests, as the case may be, and such other
information as the Commissioner of Revenue Services may require to enforce this chapter. Such report shall be filed annually or more often as may be required under regulations
adopted by said commissioner in accordance with chapter 54. Sec. 12-639. Reserved for future use.
(P.A. 89-251, S. 38, 203; P.A. 90-315, S. 2, 6.)
History: P.A. 89-251, S. 38 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 90-315 amended the definition of controlling interest to mean (1) in the case of a corporation "more
than fifty per cent of the total combined voting power of all classes of stock of such corporation" and including deletion
of the alternative "fifty per cent or more of the capital, profits or beneficial interest in the voting stock of such corporation"
and (2) in the case of a partnership, association, trust or other entity "more than fifty per cent of the capital, profits or
beneficial interest in such entity", effective June 12, 1990, and applicable to any sale or transfer of a controlling interest
in any entity occurring on or after July 1, 1989.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The tax imposed by subsection (a) of this section shall not apply to (1) any sale
or transfer of a controlling interest in any entity which possesses an interest in real
property located in an area of any municipality designated as an enterprise zone in
accordance with section 32-70, or (2) any sale or transfer of a controlling interest in any
entity to effectuate a mere change of identity or form of ownership or organization where
there is no change in beneficial ownership.
(P.A. 89-251, S. 39, 203; P.A. 90-315, S. 3, 6; P.A. 00-174, S. 36, 83.)
History: P.A. 89-251, S. 39 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 90-315 amended (1) Subsec. (a) by deleting reference to the conveyance of such controlling interest
and the real property possessed by such entity and substituted in lieu thereof "selling or transferring such controlling
interest" and a description of the real property as "possessed by" such entity and (2) Subsec. (b) by deleting the description
of two types of transfers that would be exempt from the tax without inclusion in Subsec. (b) and by adding clarifying
language to the exemption for real property located in an enterprise zone; P.A. 00-174 amended Subsec. (b) to designate
existing exemption as Subdiv. (1) and to add Subdiv. (2) re exemption for transfers for purpose of change of identity or
form of ownership, effective May 26, 2000, and applicable to sales or transfers occurring on or after July 1, 2000.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The provisions of this chapter shall be administered by the Commissioner of
Revenue Services. All forms necessary or convenient for the enforcement of this chapter
shall be prescribed, printed and furnished by said commissioner. The commissioner may
adopt and enforce rules and regulations relating to the administration and enforcement of
this chapter.
(P.A. 89-251, S. 40, 203; P.A. 95-26, S. 32, 52; P.A. 99-121, S. 21, 28.)
History: P.A. 89-251, S. 40 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 95-26 amended Subsec. (a) to lower interest rate from one and one-fourth to one per cent, effective
July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due
before said date; P.A. 99-121 amended Subsec. (a) to allow commissioner to waive all or part of the penalties for reasonable
cause, effective June 3, 1999.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Except in the case of a wilfully false or fraudulent return with intent to evade
the tax, no assessment of additional tax shall be made after the expiration of more than
three years from the date of the filing of a return or from the original due date of a return,
whichever is later. If no return has been filed as provided under the provisions of this
chapter, the commissioner may make such return at any time thereafter, according to
the best information obtainable and according to the form prescribed. To the tax imposed
upon the basis of such return, there shall be added an amount equal to ten per cent of
such tax, or fifty dollars, whichever is greater. The tax shall bear interest at the rate of
one per cent per month or fraction thereof from the due date of such tax to the date of
payment. No person shall be subject to a penalty under both this subsection and section
12-638c. If, before the expiration of the period prescribed herein for the assessment of
an additional tax, a taxpayer has consented in writing that such period may be extended,
the amount of such additional tax due may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents
in writing before the expiration of the extended period.
(P.A. 89-251, S. 42, 203; May Sp. Sess. P.A. 94-4, S. 65, 85; P.A. 95-26, S. 33, 52; 95-160, S. 64, 69.)
History: P.A. 89-251, S. 42 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; May Sp. Sess. P.A. 94-4 in Subsec. (b) reduced interest rate from one and one-quarter per cent to one per
cent provided that interest may only be applied on the tax rather than on the tax and any penalty, effective July 1, 1995,
and applicable to taxes due and owing on or after said date; P.A. 95-26 amended Subsec. (a) to lower interest rate from
one and one-fourth to one per cent, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995,
whether or not those taxes first became due before said date; P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-
4 but without affecting this section.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-251, S. 43, 203; P.A. 95-4, S. 7, 8.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) On or before the sixtieth day after the mailing of the proposed disallowance,
the claimant may file with the commissioner a written protest against the proposed
disallowance in which he sets forth the grounds on which the protest is based. If a protest
is filed, the commissioner shall reconsider the proposed disallowance and, if the claimant
has so requested, may grant or deny the claimant or the claimant's authorized representatives an oral hearing.
(c) The commissioner shall mail notice of his determination to the claimant, which
notice shall set forth briefly the commissioner's findings of fact and the basis of decision
in each case decided in whole or in part adversely to the claimant.
(d) The action of the commissioner on the claimant's protest shall be final upon the
expiration of one month from the date on which he mails notice of his action to the
claimant unless within such period the claimant seeks judicial review of the commissioner's determination pursuant to subsection (b) of section 12-638i.
(P.A. 89-251, S. 44, 203; P.A. 95-4, S. 6, 8; P.A. 97-243, S. 62, 67.)
History: P.A. 89-251, S. 44 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 95-4 permitted commissioner to credit overpayments against any other amounts due to the department
and to refund balance, replacing authority to "act in accordance with section 12-638e", effective April 13, 1995; P.A. 97-
243 divided section into Subsecs. (a) to (d) and added provision for an administrative hearing with the department before
taking an appeal to the Superior Court, established the time for filing a claim and made technical changes, effective July
1, 1997, and applicable to claims for refund filed on or after said date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any entity which wilfully delivers or discloses to the commissioner or his authorized agent any list, return, account, statement, or other document, known by it to
be fraudulent or false in any material matter, shall, in addition to any other penalty
provided by law, be fined not more than five thousand dollars or imprisoned not more
than five years nor less than one year or both. No entity shall be charged with an offense
under both subsections (a) and (b) of this section in relation to the same tax period
but such entity may be charged and prosecuted for both such offenses upon the same
information.
(P.A. 89-251, S. 45, 203; P.A. 97-203, S. 12, 20.)
History: P.A. 89-251, S. 45 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 97-203 amended Subsec. (a) to extend to three years the time within which persons wilfully failing to
file tax returns or pay taxes may be criminally prosecuted, effective July 1, 1997.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The commissioner or any person authorized by him may examine the books,
papers, records and equipment of any entity liable under the provisions of this chapter
and may investigate the character of the business of the entity in order to verify the
accuracy of any return made or, if no return is made by the entity, to ascertain and
determine the amount required to be paid.
(c) The commissioner and any representative of the commissioner authorized to
conduct any inquiry, investigation or hearing hereunder may administer oaths and take
testimony under oath relative to the matter of inquiry or investigation. At any hearing
ordered by the commissioner, the commissioner or his representative authorized to conduct such hearing and to issue such process may subpoena witnesses and require the
production of books, papers and documents pertinent to such inquiry. No witness under
subpoena authorized to be issued by the provisions of this chapter shall be excused from
testifying or from producing books or other documentary evidence on the ground that
such testimony or the production of such books or other documentary evidence would
tend to incriminate him, but such evidence or the books or other documentary evidence
so produced shall not be used in any criminal proceeding against him. If any person
disobeys such process or, having appeared in obedience thereto refuses to answer any
pertinent question put to him by the commissioner or his authorized representative, or
to produce any books and other documentary evidence pursuant thereto, the commissioner or such representative may apply to the superior court for the county wherein the
taxpayer resides or wherein the business has been conducted, or to any judge of said
court if the same is not in session, setting forth such disobedience to process or refusal
to answer, and said court or such judge shall cite such person to appear before said
court or such judge to answer such question or to produce such books and documentary
evidence and, upon his refusal so to do, shall commit such person to a community
correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the commissioner
may proceed in all respects with such inquiry and examination as if the witness had not
previously been called upon to testify.
(P.A. 89-251, S. 46, 203.)
History: P.A. 89-251, S. 46 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any taxpayer aggrieved because of any order, decision, determination or disallowance of the Commissioner of Revenue Services under the provisions of this chapter
may, within one month after service upon the taxpayer of notice of such order, decision,
determination or disallowance, take an appeal therefrom to the superior court for the
judicial district of New Britain, which shall be accompanied by a citation to the Commissioner of Revenue Services to appear before said court. Such citation shall be signed
by the same authority and such appeal shall be returnable at the same time and served
and returned in the same manner, as is required in case of summons in a civil action.
The authority issuing the citation shall take from the appellant a bond or recognizance
to the state of Connecticut with surety to prosecute the appeal to effect and to comply
with the orders and decrees of the court in the premises. Such appeals shall be preferred
cases to be heard, unless cause appears to the contrary, at the first session by the court
or by a committee appointed by it. Said court may grant such relief as may be equitable
and, if such tax has been paid prior to the granting of such relief, may order the Treasurer
to pay the amount of such relief, with interest at the rate of two-thirds of one per cent
per month or fraction thereof, to the aggrieved taxpayer. If the appeal has been taken
without probable cause, the court may tax double or triple costs, as the case demands
and, upon all such appeals which may be denied, costs may be taxed against the appellant
at the discretion of the court, but no costs shall be taxed against the state.
(P.A. 88-230, S. 1, 12; P.A. 89-251, S. 47, 203; P.A. 90-98, S. 1, 2; P.A. 91-236, S. 18, 25; P.A. 93-142, S. 4, 7, 8; P.A.
95-26, S. 34, 52; 95-220, S. 4−6; P.A. 99-215, S. 24, 29.)
History: P.A. 89-251, S. 47 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 91-236 provided for sixty, rather than thirty, days to request a hearing, effective July 1, 1991, and
applicable to taxes due on or after that date; P.A. 95-26 amended Subsec. (b) to establish a process for appeal of actions
by the commissioner, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or
not those taxes first became due before said date (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized
substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1995 public and special acts,
effective September 1, 1998); P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain"
in Subsec. (b), effective June 29, 1999.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-251, S. 48, 203.)
History: P.A. 89-251, S. 48 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) If the interest in real property conveyed is located in more than one town, the
tax shall be allocated between or among the towns in proportion to the assessed value
of the real property located in each town.
(P.A. 89-251, S. 49, 203; P.A. 97-243, S. 40, 67.)
History: P.A. 89-251, S. 49 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date; P.A. 97-243 amended Subsec. (a) to extend time within which department pays municipalities to quarterly
payments, effective July 1, 1997.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any land which has been classified by the record owner thereof as farm land
pursuant to section 12-107c or as forest land pursuant to section 12-107d shall, if a
controlling interest in the entity which possesses an interest in such land is sold within
a period of ten years from the time the owner acquired title to such land or from the
time he first caused such land to be so classified, whichever is earlier, be subject to a
tax applicable to the present true and actual value of such land, which tax shall be in
addition to the tax imposed under this chapter. Said conveyance tax shall be at the
following rate: (1) Ten per cent of said present true and actual value if sold within the
first year of ownership by such record owner; (2) nine per cent if sold within the second
year of ownership by such record owner; (3) eight per cent if sold within the third year
of ownership by such record owner; (4) seven per cent if sold within the fourth year of
ownership by such record owner; (5) six per cent if sold within the fifth year of ownership
by such record owner; (6) five per cent if sold within the sixth year of ownership by
such record owner; (7) four per cent if sold within the seventh year of ownership by
such record owner; (8) three per cent if sold within the eighth year of ownership by such
record owner; (9) two per cent if sold within the ninth year of ownership by such record
owner; and (10) one per cent if sold within the tenth year of ownership by such record
owner. No conveyance tax shall be imposed by the provisions of this chapter following
the end of the tenth year of ownership by such record owner.
(P.A. 89-251, S. 50, 203.)
History: P.A. 89-251, S. 50 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-251, S. 51, 203.)
History: P.A. 89-251, S. 51 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-251, S. 52, 203.)
History: P.A. 89-251, S. 52 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-251, S. 53, 203.)
History: P.A. 89-251, S. 53 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 90-315, S. 1, 6.)
History: P.A. 90-315 effective June 12, 1990, and applicable to any sale or transfer of a controlling interest in any entity
occurring on or after July 1, 1990.
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)