Connecticut General Statutes
Chapter 208 - Corporation Business Tax
Section 12-218c. - Restrictions on the deductibility of certain intangible expenses and interest expenses with a related member.

(a) As used in this section:

(1) “Affiliated group” has the same meaning as in Section 1504 of the Internal Revenue Code.
(2) “Intangible expenses and costs” includes (A) expenses, losses and costs for, related to, or in connection directly or indirectly with the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property to the extent such amounts are allowed as deductions or costs in determining taxable income before operating loss deduction and special deductions for the taxable year under the Internal Revenue Code; (B) losses related to or incurred in connection directly or indirectly with factoring transactions or discounting transactions; (C) royalty, patent, technical and copyright fees; (D) licensing fees; and (E) other similar expenses and costs.
(3) “Intangible property” means patents, patent applications, trade names, trademarks, service marks, copyrights and similar types of intangible assets.
(4) “Interest expenses and costs” means amounts directly or indirectly allowed as deductions under Section 163 of the Internal Revenue Code for purposes of determining taxable income under the Internal Revenue Code to the extent such expenses and costs are directly or indirectly for, related to, or in connection with the direct or indirect acquisition, maintenance, management, ownership, sale, exchange or disposition of intangible property.
(5) “Related member” means a person that, with respect to the taxpayer during all or any portion of the taxable year, is a related entity, as defined in this subsection, a component member as defined in Section 1563(b) of the Internal Revenue Code, or is a person to or from whom there is attribution of stock ownership in accordance with Section 1563(e) of the Internal Revenue Code.
(6) “Related entity” means (A) a stockholder who is an individual, or a member of the stockholder's family enumerated in Section 318 of the Internal Revenue Code, if the stockholder and the members of the stockholder's family own, directly, indirectly, beneficially or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock; (B) a stockholder, or a stockholder's partnership, limited liability company, estate, trust or corporation, if the stockholder and the stockholder's partnerships, limited liability companies, estates, trusts and corporations own directly, indirectly, beneficially or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock; or (C) a corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the taxpayer owns, directly, indirectly, beneficially or constructively, at least fifty per cent of the value of the corporation's outstanding stock. The attribution rules on Section 318 of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirements of this subdivision have been met.
(b) For purposes of computing its net income under section 12-217 a corporation shall add back otherwise deductible interest expenses and costs and intangible expenses and costs directly or indirectly paid, accrued or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members.
(c) (1) The adjustments required in subsection (b) of this section shall not apply if the corporation establishes by clear and convincing evidence that the adjustments are unreasonable, or the corporation and the Commissioner of Revenue Services agree in writing to the application or use of an alternative method of apportionment under section 12-221a. Nothing in this subdivision shall be construed to limit or negate the commissioner's authority to otherwise enter into agreements and compromises otherwise allowed by law.
(2) The adjustments required in subsection (b) of this section shall not apply to such portion of interest expenses and costs and intangible expenses and costs that the corporation can establish by the preponderance of the evidence meets both of the following: (A) The related member during the same income year directly or indirectly paid, accrued or incurred such portion to a person who is not a related member, and (B) the transaction giving rise to the interest expenses and costs or the intangible expenses and costs between the corporation and the related member did not have as a principal purpose the avoidance of any portion of the tax due under this chapter.
(3) The adjustments required in subsection (b) of this section shall apply except to the extent that increased tax, if any, attributable to such adjustments would have been avoided if both the corporation and the related member had been eligible to make and had timely made the election to file a combined return under subsection (a) of section 12-223a.
(4) The adjustments required in subsection (b) of this section shall not apply if the corporation and the related member are both members of a combined group required to file a combined unitary tax return pursuant to section 12-222.
(d) Nothing in this section shall require a corporation to add to its net income more than once any amount of interest expenses and costs or intangible expenses and costs that the corporation pays, accrues or incurs to a related member described in subsection (b) of this section.
(e) Nothing in this section shall be construed to limit or negate the commissioner's authority to make adjustments under section 12-221a or 12-226a.
(P.A. 98-110, S. 20, 27; P.A. 15-244, S. 151; June Sp. Sess. P.A. 15-5, S. 139.)
History: P.A. 98-110 effective May 19, 1998, and applicable to income years commencing on or after January 1, 1999; (Revisor's note: In 2003 a reference in Subsec. (c)(2) to “chapter 208” was changed editorially by the Revisors to “this chapter”); P.A. 15-244 added Subsec. (c)(4) re adjustments under Subsec. (b) not to apply if corporation and related members are both members of combined group required to file combined unitary tax return, effective June 30, 2015, and applicable to income years commencing on or after January 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 151, from June 30, 2015, and applicable to income years commencing on or after January 1, 2015, to January 1, 2016, and applicable to income years commencing on or after that date, effective June 30, 2015.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 12 - Taxation

Chapter 208 - Corporation Business Tax

Section 12-213. - Definitions.

Section 12-214. - Imposition of tax. Surcharge.

Section 12-214a and 12-215. - Effective date of subsection (7) of section 12-214. Certain gross rentals to be tax-exempt.

Section 12-216. - Payment of tax by out-of-state corporations.

Section 12-216a. - Payment of tax by companies having economic nexus with state. Applicability to companies treated as foreign corporations by the Internal Revenue Code.

Section 12-217. - Deductions from gross income. Net income and operating loss carry-over of S corporations and combined groups.

Section 12-217aa. - Order of credits.

Section 12-217aaa. - Accumulated research and development tax credits.

Section 12-217a and 12-217b. - Deduction for investment in depreciable property. Tax credit for expenditures for water pollution abatement facilities.

Section 12-217bb. - Tax credit for electric suppliers hiring displaced workers.

Section 12-217bbb. - Accumulated research and experimental expenditures tax credits and accumulated research and development tax credits. Innovation investment fund tax credit auction.

Section 12-217c and 12-217d. - Tax credit for expenditures for: Air pollution abatement facilities; industrial waste treatment facilities.

Section 12-217cc. - Tax credit for certain small businesses obtaining financing from federal Small Business Administration. For income years commencing prior to January 1, 2014.

Section 12-217dd. - Tax credit for donation of land for open space or educational use.

Section 12-217e. - Tax credits for certain manufacturing, service and eligible facilities. No credit to be first claimed for income years commencing on or after January 1, 2018.

Section 12-217ee. - Refund of unused credits under sections 12-217j and 12-217n.

Section 12-217f. - Tax credit for employers participating in certain state-approved programs combining high school study and part-time employment.

Section 12-217ff. - Tax credit for donation of land for educational use. No credit allowed on or after January 1, 2013.

Section 12-217g. - Tax credits for apprenticeship training in manufacturing, construction and plastics-related trades.

Section 12-217gg. - Tax credit for employment expansion project.

Section 12-217h. - Tax credit for expenditures to establish day care facilities for children of employees.

Section 12-217hh. - Tax credit for hiring displaced worker.

Section 12-217i. - Tax credits for investments in vehicles powered by clean alternative fuels or electricity, for construction of or improvements to alternative fuel filling stations and for converting motor vehicles to utilize alternative fuels. For...

Section 12-217ii. - Jobs creation tax credit program. No eligibility certificates issued on or after January 1, 2012.

Section 12-217j. - Tax credit for research and experimental expenditures.

Section 12-217jj. - Film production tax credit. Regulations.

Section 12-217k. - Tax credit for employee training.

Section 12-217kk. - Tax credit for infrastructure projects in the entertainment industry. Regulations.

Section 12-217l. - Tax credit for expenditures for grants to institutions of higher education for research and development related to technological advancements.

Section 12-217ll. - Tax credit for digital animation production companies. Regulations.

Section 12-217m. - Tax credit for taxpayers occupying new facilities and creating new jobs.

Section 12-217mm. - Tax credit for green buildings. No initial credit voucher issued after November 30, 2017.

Section 12-217n. - Rolling tax credit for research and development expenses. Carryforward limit.

Section 12-217nn. - Qualified small business job creation tax credit program. No credit allowed in income years commencing on or after January 1, 2013.

Section 12-217o. - Tax credit for machinery and equipment expenditures.

Section 12-217oo. - Vocational rehabilitation job creation tax credit program. No credit allowed for income years commencing on or after January 1, 2012.

Section 12-217p. - Tax credits for taxpayer providing housing for low and moderate income employees.

Section 12-217pp. - Job expansion tax credit program. No credit allowed for new jobs created on or after January 1, 2014.

Section 12-217q and 12-217r. - Tax credit for expenditures for: Construction of or improvements to alternative fuel filling stations; converting motor vehicles to utilize alternative fuels.

Section 12-217qq. - Tax credit for employers making certain student loan payments.

Section 12-217s. - Tax credit for expenditures related to traffic reduction programs.

Section 12-217t. - Tax credit for personal property taxes paid on electronic data processing equipment.

Section 12-217u. - Tax credit for financial institutions constructing new facilities and creating new jobs. For income years commencing prior to January 1, 2014.

Section 12-217v. - Tax credit for qualifying corporations in enterprise zones.

Section 12-217w. - Tax credit for investment in fixed capital.

Section 12-217x. - Tax credit for human capital investment.

Section 12-217y. - Tax credit for employing persons who are receiving benefits from the temporary family assistance program.

Section 12-217z. - Business Tax Credit and Tax Policy Review Committee.

Section 12-217zz. - Limit on credits under this chapter.

Section 12-218. - Apportionment of net income.

Section 12-218a. - Apportionment of tax on insurance company.

Section 12-218b. - Apportionment of net income of financial service companies.

Section 12-218c. - Restrictions on the deductibility of certain intangible expenses and interest expenses with a related member.

Section 12-218d. - Restriction on the deductibility of interest expenses or costs related to certain transactions with related members.

Section 12-218e. - Combined group's net income. Apportionment percentage. Net operating loss. Carryover. Additional tax base. Nexus combined base tax.

Section 12-218f. - Combined group determined on world-wide basis, affiliated group basis or water's-edge basis. Tax havens.

Section 12-218g. - Net deferred tax liability and assets. Deductions.

Section 12-219. - Capital base tax. Phase-out. Surcharge.

Section 12-219a. - Apportionment of tax base in and out of state. Insurance companies excepted.

Section 12-219b. - Election with respect to apportionment of net income.

Section 12-220 to 12-221. - Allocation of minimum tax base. Apportionment of additional tax. Allocation in special cases.

Section 12-221a. - Petition for alternative method of apportionment. Regulations.

Section 12-222. - Annual return. Designated taxable member of combined group. Duties.

Section 12-223. - Returns of affiliated corporations.

Section 12-223a. - Combined corporation business tax return.

Section 12-223b. - Intercompany rents and business receipts.

Section 12-223c. - Minimum tax in combined return.

Section 12-223d. - Assessments against one or more taxpayers in combined return.

Section 12-223e. - Readjustment of taxes on revision of combined return.

Section 12-223f. - Preference tax due from corporations filing a combined return.

Section 12-224. - Return of fiduciary.

Section 12-225. - Supplemental and amended returns. Refund claim.

Section 12-226. - Correction of returns; additional tax; refunds.

Section 12-226a. - Adjustments by the commissioner. Regulations.

Section 12-227. - Interest on refunds.

Section 12-228. - Refunds to be made from General Fund.

Section 12-229. - Failure to pay tax or make return. Penalty. Waiver of penalty authorized.

Section 12-230. - Forfeiture of corporate rights for failure to make returns.

Section 12-231. - Penalties for wilful violation of requirements related to payment of tax or delivery of documentation.

Section 12-231a. - Formation of insurance company affiliate of holding company to evade tax.

Section 12-232. - Authority to take testimony under oath; subpoenas.

Section 12-233. - Examination of returns by commissioner. Deadlines for mailing deficiency assessments. Penalties for deficiencies. Payment by taxpayer.

Section 12-234. - Settlement with Treasurer.

Section 12-235. - Delinquent taxes; interest; collection.

Section 12-235a. - Disallowance of credits if taxes due and unpaid.

Section 12-236. - Hearing by commissioner.

Section 12-237. - Appeal.

Section 12-238. - Abatement of taxes.

Section 12-239. - Abatement of taxes on motor bus company in receivership.

Section 12-240. - Publication and disclosure of information.

Section 12-241. - Tax to be in lieu of other taxes.

Section 12-241a. - Definition.

Section 12-242. - Regulations.

Section 12-242a to 12-242c. - Definitions. When declaration of estimated tax required. Installment payment on estimated tax.

Section 12-242d. - Installment payment of estimated tax. Interest on under payments.

Section 12-242e. - Disposition of installments.

Section 12-242f. - Obligations of fiduciary.

Section 12-242g. - Overpayments.

Section 12-242h. - Regulations.

Section 12-242i. - Declaration as return.