Sec. 12-268j. Tax to be in lieu of certain other taxes.
Sec. 12-268j. Tax to be in lieu of certain other taxes. (a) The taxation provided
for in chapter 211 upon gross earnings in any year shall be in lieu of all taxes with respect
to such year on (1) tangible personal property used solely and exclusively in a business
so specified by a company included in section 12-256, and (2) for assessment years
commencing on October 1, 2007, October 1, 2008, and October 1, 2009, all tangible
personal property acquired on or after October 1, 2007, and on or before September 30,
2010, to upgrade an existing telecommunications network, even if the tangible personal
property is used solely or in part in the provision of competitive video programming
service, in a business so specified by a company included in section 12-256.
(b) The taxation provided for in chapter 211 upon gross earnings in any year shall
be in lieu of all taxes with respect to such year on part of the tangible personal property
that is used both to render telecommunications service subject to tax under chapter 219
and to render community antenna television service or a certified competitive video
service subject to tax under chapter 219. The portion of such property in lieu of which
taxation is provided for in chapter 211 and which is exempt from property tax is determined as provided in section 12-80b, except as provided in subsection (a) of this section.
(1961, P.A. 604, S. 30; June, 1969, P.A. 1, S. 17; June, 1971, P.A. 8, S. 24; P.A. 86-410, S. 26, 28; P.A. 97-137, S. 2,
4; P.A. 07-253, S. 29.)
History: 1969 act designated former Subdiv. (b) as Subdiv. (a) and former Subdiv. (a) as Subdiv. (b); 1971 act deleted
Subdiv. (b) re taxes in lieu of those imposed by chapter 208 for specified businesses; P.A. 86-410 added the statement at
the end of the section providing that the exemption from property tax applicable to personal property for companies subject
to tax under Sec. 12-256 shall be subject to the provisions of Sec. 12-256b, concerning the procedure to be used in taxing
personal property of a company subject to tax under said Sec. 12-256 and at the same time subject to tax under chapter
210a, effective June 4, 1986, and applicable to tax years commencing on or after January 1, 1986; P.A. 97-137 designated
existing provisions as Subsec. (a), deleted references to Ch. 212 and Sec. 12-256b, added requirement re sole and exclusive
use and added new Subsec. (b) re allocation of dual use property for purposes of Chs. 211 and 219, effective June 13, 1997,
and applicable to calendar years commencing on or after January 1, 1998, and to assessment years of municipalities
commencing on or after October 1, 1997; P.A. 07-253 amended Subsec. (a) to insert Subdiv. (1) designator and add Subdiv.
(2) re upgrading existing telecommunications network and amended Subsec. (b) to add certified competitive video service
and exception as provided in Subsec. (a).
Annotation to former section 12-263:
The clause "shall be in lieu of all other taxation" does not entitle company to exemption from use tax. 134 C. 295.
Annotation to present section:
Cited. 180 C. 409.