Sec. 12-7b. Reports of certain state tax data by the commissioner to the Office of Fiscal Analysis.
Sec. 12-7b. Reports of certain state tax data by the commissioner to the Office
of Fiscal Analysis. (a) The Commissioner of Revenue Services shall, annually on or
before the thirty-first day of December, submit to the legislative Office of Fiscal Analysis
a report concerning certain state tax data, applicable with respect to the state fiscal year
ending on the thirtieth day of June immediately preceding, as follows:
(1) Sales and use tax data, including (A) gross receipts subject to sales tax, stated
separately in relation to sales of (i) any tangible personal property, (ii) the leasing or
rental of tangible personal property, and (iii) the rendering of any services subject to
said tax, (B) total revenue loss related to each of the separate provisions for exemption
under chapter 219, and (C) total amount of tax collected with respect to each of the
industrial classifications included in the Standard Industrial Classification Code in current use for purposes of certain statistical data by the Commissioner of Revenue Services;
(2) Corporation business tax data, including (A) total net income and total net income apportioned to Connecticut for the most current income years with respect to
which final data is available at the time of each such report, (B) amount of depreciation
not allowed as a deduction in determining net income for purposes of said tax, (C)
operating loss carry-overs, (D) credits and refunds, separately stated, for overpayments
of taxes due in prior years and to be applicable to the most current income years with
respect to which final data is available at the time of each such report, (E) number of
accounts and total corporation tax attributable to determination in accordance with (i)
net income tax base, and (ii) the minimum tax base provisions under section 12-219,
and (F) total corporation tax attributable to each of the industrial classifications included
in the Standard Industrial Classification Code in current use for purposes of certain
statistical data by the Commissioner of Revenue Services;
(3) Estate and gift tax data, including total taxes collected and the number of taxpayers, separately stated with respect to the estate tax and the gift tax;
(4) Personal income tax data, including (A) all components of and adjustments
to federal gross income, federal adjusted gross income and federal taxable income,
separately stated, of Connecticut taxpayers, sorted into ten-thousand-dollar increments
of federal adjusted gross income up to and including one hundred thousand dollars, into
twenty-five-thousand-dollar increments of federal adjusted gross income from over one
hundred thousand dollars up to and including two hundred thousand dollars and into
one increment over two hundred thousand dollars of federal adjusted gross income, as
derived from federal income tax returns, and (B) all components of and adjustments to
Connecticut adjusted gross income and Connecticut taxable income, separately stated,
of Connecticut taxpayers, sorted into ten-thousand-dollar increments of Connecticut
adjusted gross income up to and including one hundred thousand dollars, into twenty-five-thousand-dollar increments of Connecticut adjusted gross income from over one
hundred thousand dollars up to and including two hundred thousand dollars and into
one increment over two hundred thousand dollars of Connecticut adjusted gross income,
as derived from state personal income tax returns;
(5) Admissions and dues tax data, including the number of taxpayers and the total
amount of tax collected, stated separately with respect to each of the taxes imposed
under chapter 225;
(6) Real estate conveyance tax data, including (A) the number of taxable transfers
and the total amount of revenue, and (B) the amount of revenue attributable to categories
of purchase price for such transfers of real estate, as follows: (i) Under thirty thousand
dollars, (ii) brackets of ten thousand dollars each from thirty thousand dollars up to two
hundred thousand dollars, and (iii) two hundred thousand dollars and over; and
(7) Data applicable to any state tax not included in subdivisions (1) to (6), inclusive,
of this subsection, including totals applicable to each such tax for (A) number of taxpayers, (B) payments in accordance with applicable penalty provisions for delinquency,
and (C) taxes collected which became due in the preceding fiscal year.
(b) In addition to the tax data to be included in the annual report submitted by the
Commissioner of Revenue Services in accordance with subsection (a) of this section,
such report shall include data related to state taxes as follows: (1) The portion of sales
and use tax receipts attributable to (A) sales of goods, (B) sales of services, (C) leases
and (D) the use tax and (2) data showing annual corporation business tax liability in
relation to certain characteristics of corporation business taxpayers. Such information
concerning corporation business tax returns shall include data related to (A) schedules
A, B, C, D and H and payments, refunds and assessments from such returns, to the extent
that such information is included in such returns and (B) all corporations included on
any list, for any income year commencing in 1989 and thereafter, which the department
shall compile by beginning with the largest corporation business taxpayer for such year
and continually adding the next largest taxpayer for such year until forty per cent of the
total liability for said tax in such year is represented. Any data reported in accordance
with this subsection shall be reported to the Office of Fiscal Analysis on compatible
magnetic media, as determined by said office in consultation with the commissioner.
(c) The Commissioner of Revenue Services shall include in the annual report prepared in accordance with subsections (a) and (b) of this section any data that would be
useful in assessing the impact of a change in any state tax base resulting in an increase
or decrease equal to ten per cent of the tax from such tax base or ten million dollars,
whichever amount is less.
(d) The Commissioner of Revenue Services shall submit to the legislative Office
of Fiscal Analysis a monthly report concerning the sales and use taxes, including (1)
gross receipts subject to sales tax, stated separately in respect to each category of sales,
from sales of any tangible personal property, the leasing or rental of tangible personal
property and the rendering of any services subject to said tax, (2) total consideration for
purchases subject to the use tax, stated separately for each category, in respect to any
tangible personal property, the leasing or rental of tangible personal property and the
rendering of any services, (3) total amount of deductions related to each of the separate
provisions for exemption under chapter 219 and (4) total amount of tax collected with
respect to each of the industrial classifications included in the Standard Industrial Classification Code in current use for purposes of certain statistical data by the Commissioner
of Revenue Services, provided the data required in this subdivision may, at the discretion
of said commissioner be submitted, in lieu of the monthly submission as otherwise
required in this section, within thirty days following the end of each calendar quarter
commencing with the calendar quarter ending June 30, 1992.
(e) On or before January 1, 1995, and biennially thereafter, the legislative Office
of Fiscal Analysis shall, within available appropriations, prepare and submit a tax expenditure report to the joint standing committee of the General Assembly having cognizance
of all matters relating to finance, revenue and bonding. For the purposes of this subsection, "tax expenditure" means a tax exemption, exclusion, deduction or credit created
under the general statutes or a public act and resulting in less tax revenue to the state
or municipalities than they would otherwise receive. Each such report shall provide the
following information for each tax expenditure: (1) A description of the tax expenditure;
(2) the year in which the tax expenditure was enacted, the purpose for its enactment
and a summary of any amendments to the tax expenditure since its enactment; (3) the
estimated state and municipal fiscal impact of the tax expenditure during each fiscal
year of the then current biennium, and an estimate of the revenue that would result from
repeal of the tax expenditure; and (4) an estimate of the number of taxpayers receiving
benefit from the tax expenditure. Upon receipt of each tax expenditure report the joint
standing committee of the General Assembly having cognizance of matters relating to
finance, revenue and bonding shall meet to receive and analyze the report.
(f) (1) The Office of Fiscal Analysis shall not make known in any manner any
information obtained from any such report or inventory, or any information obtained
pursuant to subdivision (2) of this subsection which would allow the identification of
any taxpayer or of the amount or source of income, profits, losses, expenditures or any
particulars thereof set forth or disclosed in any return, statement or report required to
be filed with or submitted to the commissioner which is discernible from such report
or inventory, or from such information obtained pursuant to subdivision (d) of this
subsection, except as provided in this subsection. The Office of Fiscal Analysis may
disclose such information to other state officers and employees when required in the
course of duty. No such officer or employee shall make known any such information
to any other person except as provided in this subsection. Any person who violates
any provision of this subsection shall be fined not more than one thousand dollars or
imprisoned not more than one year or both.
(2) (A) For purposes of revenue estimating and forecasting only, the Office of Fiscal Analysis may disclose information to any person under a contractual obligation to
provide services for purposes of revenue estimating and forecasting to said office, but
only to the extent necessary in connection with the providing of such services for purposes of revenue estimating and forecasting. No such person under a contractual obligation to provide such services to said office shall make known any such information to
any other person, except as provided in this subsection.
(B) For purposes of revenue estimating and forecasting only, the Office of Fiscal
Analysis may request, and the Commissioner of Revenue Services shall provide, for
each type of tax levied by the state, all available return information, as defined in subdivision (2) of subsection (h) of section 12-15, pertaining to such type of tax levied by the
state, to said office, provided names, addresses, account and registration numbers, and,
to the extent in excess of four digits, Standard Industrial Classification Manual codes
and North American Industrial Classification System United States Manual codes shall
first have been redacted from such return information by said commissioner.
(P.A. 85-469, S. 1, 6; P.A. 89-328, S. 1, 6; P.A. 91-119; May Sp. Sess. P.A. 92-17, S. 9, 59; P.A. 93-284, S. 1, 2; May
Sp. Sess. P.A. 94-4, S. 52, 85; P.A. 95-160, S. 64, 69; P.A. 96-197, S. 1, 11; P.A. 06-159, S. 3; 06-194, S. 7.)
History: P.A. 89-328 amended Subsec. (a) by providing that the annual report be submitted to the office of fiscal analysis
and added Subsec. (b) requiring that the report include certain additional data concerning sales and use taxes and the
corporation business tax; P.A. 91-119 amended Subsec. (b) to change the number and character of corporation business
tax returns required to be tracked and to require reporting on magnetic media; May Sp. Sess. P.A. 92-17 amended Subsec.
(a) to delete references to dividends, interest income and capital gains tax data and to insert references to personal income
tax data, and added Subsec. (d), concerning the monthly report on the sales and use taxes, and Subsec. (e), concerning the
tax expenditure inventory, relettering the previous Subsec. (d) as Subsec. (f); P.A. 93-284 deleted existing Subsec. (e) and
replaced it with new language providing that form and content of tax expenditure report required be developed by the
office of fiscal analysis, effective June 29, 1993; May Sp. Sess. P.A. 94-4 in Subsec. (e) changed submittal date of the
report from February 15, 1994, to January 15, 1995, and required the joint standing committee having cognizance over
matters relating to finance, revenue and bonding to receive and analyze the report, effective June 9, 1994; P.A. 95-160
revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 96-197 amended Subsec. (a) to
change "additional" to "minimum" and made technical changes, effective June 3, 1996, and applicable to income years
commencing on or after January 1, 1996; P.A. 06-159 amended Subsec. (a) by deleting reference to S corporation filings,
replacing provisions re succession and transfer tax with provisions re estate and gift tax and making technical changes,
effective July 1, 2006; P.A. 06-194 amended Subsec. (f) by designating existing provisions as Subdiv. (1), amending same
by adding provisions re information obtained pursuant to Subdiv. (2) or Subsec. (d) and adding Subdiv. (2) re disclosure
of information for purposes of revenue estimating and forecasting, effective July 1, 2006.