Sec. 12-704. Credits for income taxes paid to other states.
Sec. 12-704. Credits for income taxes paid to other states. (a)(1) Any resident
or part-year resident of this state shall be allowed a credit against the tax otherwise due
under this chapter in the amount of any income tax imposed on such resident or part-year resident for the taxable year by another state of the United States or a political
subdivision thereof or the District of Columbia on income derived from sources therein
and which is also subject to tax under this chapter.
(2) In the case of a resident, the credit provided under this section shall not exceed the
proportion of the tax otherwise due under this chapter that the amount of the taxpayer's
Connecticut adjusted gross income derived from or connected with sources in the other
taxing jurisdiction bears to such taxpayer's Connecticut adjusted gross income under
this chapter. The provisions of this section shall also apply to resident trusts and estates
and, wherever reference is made in this section to residents of this state, such reference
shall be construed to include resident trusts and estates.
(3) In the case of a part-year resident, the credit provided under this section shall
not exceed the proportion of the tax otherwise due during the period of residency under
this chapter that the amount of the taxpayer's Connecticut adjusted gross income derived
from or connected with sources in the other jurisdiction during the period of residency
bears to such taxpayer's Connecticut adjusted gross income during the period of residency under this chapter. The provisions of this section shall also apply to part-year
resident trusts and, wherever reference is made in this section to part-year residents of
this state, such reference shall be construed to include part-year resident trusts.
(4) The allowance of the credit provided under this section shall not reduce the tax
otherwise due under this chapter to an amount less than what would have been due if
the income subject to taxation by such other jurisdiction were excluded from Connecticut
adjusted gross income.
(b) (1) If, as a direct result of the change to or correction of a taxpayer's income
tax return filed with another state of the United States or a political subdivision thereof
or the District of Columbia by the tax officers or other competent authority of such
jurisdiction, the amount of tax of such other jurisdiction that the taxpayer is finally
required to pay is different from the amount used to determine the credit allowed to any
taxpayer under this section for any taxable year, the taxpayer shall provide notice of
such difference to the commissioner by filing, on or before the date that is ninety days
after the final determination of such amount, an amended return under this chapter, and
shall concede the accuracy of such determination or state wherein it is erroneous. The
commissioner may redetermine, and the taxpayer shall be required to pay, the tax for
any taxable year affected, regardless of any otherwise applicable statute of limitations.
(2) If, as a direct result of a taxpayer filing an amended income tax return with
another state of the United States or a political subdivision thereof or the District of
Columbia, the amount of tax of such other jurisdiction that the taxpayer is required to
pay is different from the amount used to determine the credit allowed to any taxpayer
under this section for any taxable year, the taxpayer shall provide notice of such difference to the commissioner by filing, on or before the date that is ninety days after the
date of filing of such amended return, an amended return under this chapter and shall give
such information as the commissioner may require. The commissioner may redetermine,
and the taxpayer shall be required to pay, the tax for any taxable year affected, regardless
of any otherwise applicable statute of limitations.
(3) The commissioner may by regulation prescribe such exceptions to the requirements of this subsection as he deems appropriate.
(c) A taxpayer shall not be allowed credit under this section if such taxpayer has
claimed or will claim a credit against the income tax imposed by such other jurisdiction
for the tax paid or payable under this chapter.
(d) Notwithstanding the provisions of subsection (c) of this section, if an individual
is not domiciled in this state but maintains a permanent place of abode in this state and
is in this state for an aggregate of more than one hundred eighty-three days of a taxable
year and such individual is domiciled in another state of the United States, a political
subdivision of such state, or the District of Columbia for the taxable year, such individual
shall be allowed a credit under this section against the tax otherwise due under this
chapter for income tax imposed by and paid to the qualifying jurisdiction in which such
individual is domiciled on such individual's income from intangible personal property,
to the extent such income is from property not employed in a business, trade, profession
or occupation carried on in this state, and on such individual's income derived from or
connected with sources within another state of the United States or the District of Columbia that does not impose an income tax on such income. This subsection shall apply
only where the jurisdiction in which such individual is domiciled allows an income tax
credit for the tax imposed by this state to an individual who is domiciled in this state
for a taxable year but maintains a permanent place of abode in such jurisdiction and is
in such jurisdiction for an aggregate of more than one hundred eighty-three days of the
taxable year that is analogous to that provided in this subsection.
(June Sp. Sess. P.A. 91-3, S. 55, 168; May Sp. Sess. P.A. 92-5, S. 5, 37; P.A. 93-74, S. 40, 67; P.A. 96-94, S. 1, 2; P.A.
97-286, S. 4, 8; P.A. 98-244, S. 28, 35; June Sp. Sess. P.A. 01-6, S. 68, 85; P.A. 06-196, S. 92.)
History: June Sp. Sess. P.A. 91-3, S. 55, effective August 22, 1991, and applicable to taxable years of taxpayers
commencing on or after January 1, 1991; May Sp. Sess. P.A. 92-5 made various technical and minor changes, effective
June 19, 1992, and applicable to taxable years of taxpayers commencing January 1, 1992; P.A. 93-74 made technical
change in Subsec. (c), effective May 19, 1993, and applicable to taxable years commencing on and after January 1, 1993;
P.A. 96-94 amended Subsec. (b) to make it applicable to taxable years commencing on or after January 1, 1991, effective
May 8, 1996; P.A. 97-286 added new Subsec. (e) to enable commissioner to enter into agreements with other state taxing
authorities, effective June 26, 1997, and applicable to taxable years commencing on or after January 1, 1997; P.A. 98-244
extended from 30 to 90 days the time period within which to report the filing of an amended return with another jurisdiction
or changes or corrections made to the return filed by tax officials of another jurisdiction and eliminated the credit for taxes
paid to a Canadian province, effective June 8, 1998, and applicable to taxable years commencing on or after January 1,
1998; June Sp. Sess. P.A. 01-6 amended Subsec. (a) to divide existing provisions into Subdivs. (1) to (4), making technical
changes in Subdivs. (3) and (4), and to apply section to trusts and estates, effective July 1, 2001; P.A. 06-196 made technical
changes in Subsec. (b)(1) and (2), effective June 7, 2006.
Cited. 44 CS 461.