Sec. 12-265. Rate. Deductions.
Sec. 12-265. Rate. Deductions. (a) As used in this section (1) with regard to electric power, "sales for resale" include (A) sales of electric power capacity, (B) power
output from such capacity, and (C) all transmission charges in conjunction with such
sales on or after May 17, 1982, (2) "net invoice price" means invoice price less trade
discounts, and (3) "municipal utility" means a municipality, or department or agency
thereof, or district manufacturing, selling or distributing gas or electricity to be used for
light, heat or power.
(b) (1) Each company and municipal utility included in section 12-264, other than
an electric distribution company, as defined in section 16-1, included in subsection (c)
of section 12-264, and other than a municipality, or department or agency thereof, or
district manufacturing, selling or distributing electricity to be used for light, heat or
power, shall be taxed at the rate of five per cent upon the amount of gross earnings in
each taxable quarter from operations, except as set forth in subsection (c) or (d) of this
section and except that each company and municipal utility manufacturing, selling or
distributing gas or electricity to be used for light, heat or power shall be taxed at the
rate of four per cent upon the amount of gross earnings in each taxable quarter allocable
to residential service, but deduction shall be made of gross earnings (A) from all sales for
resale of water, steam, gas and electricity to public service corporations and municipal
utilities, whether or not such purchasers are Connecticut public service corporations or
Connecticut municipal utilities, and whether or not they are subject to the tax imposed
by this chapter, (B) from any federal BTU energy tax included in adjustment clause and
base-rate revenues, (C) from sales of appliances using water, steam, gas or electricity
by each such company of the net invoice price plus transportation costs of such appliances, (D) of electric and gas companies, as defined in section 16-1, from energy conservation loan programs, (E) from all sales for resale of gas to companies registered pursuant
to section 16-258a, and (F) from all sales of natural gas to a user or entity located outside
the state.
(2) Gross earnings for any taxable quarter, for the purposes of assessment and taxation, shall be as follows: (A) In the case of a company or municipal utility, other than
a municipality, or department or agency thereof, or district manufacturing, selling or
distributing electricity to be used for light, heat or power, carrying on business or operating entirely within this state, the amount of gross earnings from operations; (B) in
the case of a company or municipal utility, other than a municipality, or department or
agency thereof, or district manufacturing, selling or distributing electricity to be used
for light, heat or power, carrying on business or operations a part of which is outside of
this state, (i) such portion of the amount of gross earnings from operations determined
under the provisions of section 12-264 as is represented by the ratio of the number of
miles of water or steam pipes, gas mains or electric wires operated by such company
or municipal utility within this state on the first day and on the last day of the calendar
year immediately preceding to the total number of miles of water or steam pipes, gas
mains or electric wires operated by such company or municipal utility on said dates; or
(ii) in the case of a company required to register pursuant to section 16-258a, such
portion of the amount of gross earnings from operations determined under the provisions
of section 12-264 as is represented by the ratio of the sales in this state to end users
during such quarter to the total sales everywhere to end users during such quarter.
(c) (1) The rate of tax on the sale, furnishing or distribution of electricity or natural
gas for use directly by a company engaged in a manufacturing production process, in
accordance with the Standard Industrial Classification Manual, United States Office of
Management and Budget, 1987 edition, classifications 2000 to 3999, inclusive, or Sector
31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, shall be four per
cent with respect to calendar quarters commencing on or after January 1, 1994, and prior
to January 1, 1995, three per cent with respect to calendar quarters commencing on or
after January 1, 1995, and prior to January 1, 1996, and two per cent with respect to
calendar quarters commencing on or after January 1, 1996, and prior to January 1, 1997.
The sale, furnishing or distribution of electricity or natural gas for use by a company as
provided in this subsection shall not be subject to the provisions of this chapter with
respect to calendar quarters commencing on or after January 1, 1997. Not later than
thirty days after May 19, 1993, and thirty days after the effective date of each rate
decrease provided for in this section, each electric and gas public service company, as
defined in section 16-1, which does not have a proposed rate amendment under section
16-19 pending before the Department of Public Utility Control at such time, shall request
the department to reopen the proceeding under section 16-19 on the company's most
recent rate amendment, solely for the purpose of decreasing the company's rates to
reflect the decreases required under this section. The department shall immediately
reopen such proceedings, solely for such purpose.
(2) For purposes of this subsection, the sale, furnishing or distribution of natural
gas for use as fuel in the operation of a cogeneration facility providing electricity or
steam to a company engaged in a manufacturing production process described in subdivision (1) of this subsection shall be deemed to be a sale, furnishing or distribution of
natural gas for use directly by such company in such process where such cogeneration
facility is located entirely on the premises owned or controlled by such company,
whether or not the cogeneration facility is owned or operated by such company.
(d) The rate of tax on the sale, furnishing or distribution of steam for use by a
company, as described in subdivision (2) of subsection (a) of section 12-264, shall be:
(1) Four per cent with respect to calendar quarters commencing on or after July 1, 1996,
and prior to July 1, 1997; (2) three per cent with respect to calendar quarters commencing
on or after July 1, 1997, and prior to July 1, 1998; (3) two per cent with respect to
calendar quarters commencing on or after July 1, 1998, and prior to July 1, 1999; and
(4) one per cent with respect to calendar quarters commencing on or after July 1, 1999,
and prior to July 1, 2000. The sale, furnishing or distribution of steam as provided in
this subsection shall not be subject to the provisions of this chapter with respect to
calendar quarters commencing on or after July 1, 2000.
(1949 Rev., S. 1951; 1961, P.A. 604, S. 15; 1963, P.A. 2, S. 2; June, 1971, P.A. 8, S. 23; P.A. 76-114, S. 12, 21; P.A.
82-224, S. 1, 2; P.A. 83-529, S. 2; P.A. 85-159, S. 5, 19; 85-469, S. 4, 6; P.A. 93-74, S. 11, 65, 67; 93-332, S. 8, 42; P.A.
95-114, S. 4, 5; 95-359, S. 16, 19; P.A. 96-205, S. 2, 3; P.A. 98-28, S. 55, 117; 98-218, S. 2, 3; P.A. 00-174, S. 28, 83;
P.A. 04-180, S. 7; P.A. 06-186, S. 69.)
History: 1961 act included municipal utilities and steam companies; 1963 act specified gross earnings applied to sale
for resale to any public service corporation or municipality; 1971 act increased tax rate from 4%to 5% of gross earnings;
P.A. 76-114 substituted "taxable quarter" for tax year and based tax on miles of pipes, mains or wires operated on first
and last day of calendar year rather than tax year, effective July 1, 1976, and applicable to gross earnings in calendar quarter
commencing January 1, 1977, and each calendar quarter thereafter; P.A. 82-224 provided for deductions from gross earnings
of electric and gas companies from energy conservation loan programs, effective July 1, 1982 and applicable to tax years
commencing on and after January 1, 1982; P.A. 83-529 inserted Subsec. (a), defining "sales for resale" of electric power,
and relettered prior existing provisions of section as Subsec. (b); P.A. 85-159 provided that each gas or electric company
and municipal utility would be taxed at the rate of 4% on residential service earnings for calendar quarters commencing
on or after October 1, 1985; P.A. 85-469 revised effective date of P.A. 85-159 but without affecting this section; P.A. 93-74 added a deduction from gross earnings for any federal BTU energy tax in Subsec. (b), effective May 19, 1993, and
applicable to taxable years commencing January 1, 1993, and added Subsec. (c) re tax rate for the sale, furnishing or
distribution of electricity for use by a company engaged in manufacturing, effective May 19, 1993 and applicable to taxable
years commencing on and after January 1, 1994; P.A. 93-332 amended Subsec. (c) to include the sale, furnishing or
distribution of natural gas and changed the Standard Industrial Classification from 3000 to 2000, effective June 25, 1993,
and applicable to taxable years commencing on and after January 1, 1994; P.A. 95-114 made technical changes, moved
definition of "net invoice price" from Subsec. (b) to (a), and amended Subsec. (b)(1) by expanding sales for resale to all
purchasers, effective July 1, 1995; P.A. 95-359 amended Subsec. (b) to reverse some of the changes enacted in P.A. 95-114 and to add new Subdiv. (1)(E) re sales for resale of gas to companies registered under Sec. 16-258a and new Subdiv.
(2)(B)(ii) re companies required to register under Sec. 16-258a, effective July 13, 1995; P.A. 96-205 added Subsec. (d) re
phase-out of the tax on sale of steam, effective July 1, 1996; P.A. 98-28 amended Subsec. (b) by exempting electric
distribution companies, effective January 1, 2000, and applicable to calendar quarters commencing on or after January 1,
2000; P.A. 98-218 added Subsec. (b)(1)(F) authorizing deduction of gross earnings from sales of natural gas to users or
entities outside the state, effective July 1, 1998; P.A. 00-174 amended Subsec. (c) to cover under this section companies
classified under the North American Industrial Classification System, effective May 26, 2000; P.A. 04-180 amended
Subsec. (c) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re the sale of natural gas for use as fuel
in the operation of certain cogeneration facilities, effective June 1, 2004; P.A. 06-186 added Subsec. (a)(3) defining
"municipal utility" and amended Subsec. (b)(1) and (2) by adding exemption re municipality, or department or agency
thereof, or district manufacturing, selling or distributing electricity, effective July 1, 2006.
See Sec. 12-268a re decrease or increase of apportionments.
Cited. 131 C. 4. Cited. 134 C. 299. History of statute discussed. 150 C. 578. Cited. 161 C. 145.