Sec. 12-284b. Limited liability companies, limited liability partnerships, limited partnerships and S corporations tax. Penalty. Interest. Enforcement. (a) As
used in this section: (1) "S corporation" means any corporation which is an S corporation
for federal income tax purposes and which is required to file an annual report with the
Secretary of the State as provided in section 33-617; (2) "limited liability company" or
"LLC" means any limited liability company which is, for federal income tax purposes,
either treated as a partnership, if it has two or more members, or disregarded as an entity
separate from its owner, if it has a single member, and which is required to file an annual
report with the Secretary of the State as provided in section 34-112; (3) "limited liability
partnership" or "LLP" means any limited liability partnership which is required to file
an annual report with the Secretary of the State as provided in section 34-413; (4) "limited
partnership" or "LP" means any limited partnership which is required to file an annual
report with the Secretary of the State as provided in section 34-38n; and (5) "taxable
year" means taxable year, for federal income tax purposes.
(b) Each limited liability company, limited liability partnership, limited partnership
and S corporation shall annually, on or before the fifteenth day of the fourth month
following the close of its taxable year, pay to the Commissioner of Revenue Services
a tax in the amount of two hundred fifty dollars. With respect to taxable years commencing on or after January 1, 2003, and prior to January 1, 2004, any company subject to
the tax imposed in accordance with this subsection shall pay, for each such taxable year,
an additional tax in an amount equal to twenty per cent of the tax imposed under this
subsection for such taxable year. The additional amount of tax for the taxable year
commencing on or after January 1, 2003, shall constitute a part of the tax imposed by the
provisions of this subsection and shall become due and be paid, collected and enforced as
provided by in this section.
(c) Upon failure of any such limited liability company, limited liability partnership,
limited partnership or S corporation to pay the tax due under this section within thirty
days of the due date, the provisions of section 12-35 shall apply with respect to the
enforcement of this section and the collection of such tax. The warrant therein provided
for shall be signed by the commissioner or an authorized agent of the commissioner.
The amount of any such tax, penalty and interest shall be a lien, from the thirty-first day
of December 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 was 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.
(d) If any limited liability company, limited liability partnership, limited partnership
or S corporation fails to pay the amount of tax reported to be due on such entity's return
within the time specified under the provisions of this section, there shall be imposed
a penalty of fifty dollars, which penalty shall be payable to, and recoverable by, the
commissioner in the same manner as the tax imposed under this section. Subject to the
provisions of section 12-3a, the commissioner may waive all or part of the penalties
provided under this section 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.
(e) If any tax is not paid when due as provided in this section, there shall be added
to the amount of the tax interest at the rate of one per cent per month or fraction thereof
from the date the tax became due until it is paid.
(f) If the commissioner is satisfied beyond a reasonable doubt that the failure to file
a return or to pay the tax was due to reasonable cause and was not intentional or due to
neglect, the commissioner may abate or remit the whole or any part of any penalty under
this section.
(g) The provisions of sections 12-548 to 12-554, inclusive, and section 12-555a
shall apply to the provisions of this section in the same manner and with the same force
and effect as if the language of said sections 12-548 to 12-554, inclusive, and section
12-555a had been incorporated in full into this section and had expressly referred to the
tax under this section, except to the extent that any such provision is inconsistent with
a provision of this section.
(May 9 Sp. Sess. P.A. 02-1, S. 55; May 9 Sp. Sess. P.A. 02-4, S. 1; P.A. 03-2, S. 33.)
History: May 9 Sp. Sess. P.A. 02-1 effective July 1, 2002, and applicable to income years commencing on or after
January 1, 2002; May 9 Sp. Sess. P.A. 02-4 amended Subsec. (a) to include single-member limited liability companies in
the definition of "limited liability company" in Subdiv. (2) and to make technical changes, effective August 15, 2002, and
applicable to taxable years commencing on or after January 1, 2002; P.A. 03-2 amended Subsec. (b) to add provisions re
surcharge for the 2003 taxable year, effective February 28, 2003, and applicable to taxable years commencing on or after
January 1, 2003.