Connecticut General Statutes
Chapter 208 - Corporation Business Tax
Section 12-218f. - Combined group determined on world-wide basis, affiliated group basis or water's-edge basis. Tax havens.

(a) For purposes of this section, “affiliated group” means an affiliated group as defined in Section 1504 of the Internal Revenue Code, except such affiliated group shall include all domestic corporations that are commonly owned, directly or indirectly, by any member of such affiliated group, without regard to whether the affiliated group includes (1) corporations included in more than one federal consolidated return, (2) corporations engaged in one or more unitary businesses, or (3) corporations that are not engaged in a unitary business with any other member of the affiliated group. Such affiliated group shall also include any member of the combined group, determined on a world-wide basis, incorporated in a tax haven as determined by the commissioner in accordance with subdivision (4) of subsection (b) of this section, unless it is proven to the satisfaction of the commissioner that such member is incorporated in a tax haven for a legitimate business purpose.

(b) The designated taxable member of a combined group may elect to have the combined group determined on a world-wide basis or an affiliated group basis. If no such election is made, the combined group shall be determined on a water's-edge basis and will include only taxable members and those nontaxable members described in any one or more of the categories set forth in subdivisions (1) to (3), inclusive, of this subsection:
(1) Any member incorporated in the United States, or formed under the laws of the United States, any state, the District of Columbia, or any territory or possession of the United States, excluding such a member if eighty per cent or more of both its property and payroll during the income year are located outside the United States, the District of Columbia, and any territory or possession of the United States;
(2) Any member, wherever incorporated or formed, if twenty per cent or more of both its property and payroll during the income year are located in the United States, the District of Columbia, or any territory or possession of the United States;
(3) Any member that is incorporated in a jurisdiction that is determined by the commissioner to be a tax haven as that term is defined in subdivision (4) of this subsection, unless it is proven to the satisfaction of the commissioner that such member is incorporated in a tax haven for a legitimate business purpose; or
(4) For purposes of subsection (a) of this section and subdivision (3) of this subsection, “tax haven” means a jurisdiction that (A) has laws or practices that prevent effective exchange of information for tax purposes with other governments on taxpayers benefiting from the tax regime; (B) has a tax regime which lacks transparency; (C) facilitates the establishment of foreign-owned entities without the need for a local substantive presence or prohibits these entities from having any commercial impact on the local economy; (D) explicitly or implicitly excludes the jurisdiction's resident taxpayers from taking advantage of the tax regime benefits or prohibits enterprises that benefit from the regime from operating in the jurisdiction's domestic market; or (E) has created a tax regime which is favorable for tax avoidance, based upon an overall assessment of relevant factors, including whether the jurisdiction has a significant untaxed offshore financial or services sector relative to its overall economy. “Tax haven” does not include a jurisdiction that has entered into a comprehensive income tax treaty with the United States, which the Secretary of the Treasury has determined is satisfactory for purposes of Section 1(h)(11)(C)(i)(II) of the Internal Revenue Code.
(c) A world-wide election or an affiliated group election is effective only if made on a timely filed, original return for an income year by the designated taxable member of the combined group. Such election is binding for, and applicable to, the income year for which it is made and for the ten immediately succeeding income years.
(d) If the designated taxable member elects to determine the members of a combined group on an affiliated group basis, the taxable members shall take into account the net income or loss and apportionment factors of all of the members of its affiliated group, regardless of whether such members are engaged in a unitary business, that are subject to tax or would be subject to tax under this chapter, if doing business in this state.
(P.A. 15-244, S. 140; June Sp. Sess. P.A. 15-5, S. 139, 144; Dec. Sp. Sess. P.A. 15-1, S. 37.)
History: P.A. 15-244 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. 140, 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, and amended Subsec. (a) by adding exception when proven to commissioner that member is incorporated in tax haven for legitimate business purpose, amended Subsec. (b) to add new Subdiv. (3) re member that earns more than 20 per cent of its gross income from intangible property or service-related activities, redesignate existing Subdivs. (3) and (4) as Subdivs. (4) and (5), and amend redesignated Subdiv. (5) to reference Subsec. (a), provide that list of tax havens be published not later than September 30, 2016, and be applicable to income years commencing on or after January 1, 2016, and made conforming changes, effective January 1, 2016, and applicable to income years commencing on or after that date; Dec. Sp. Sess. P.A. 15-1 amended Subsec. (b) by deleting former Subdiv. (3) re member that earns more than 20 per cent of gross income, directly or indirectly, from intangible property or service-related activities, redesignating existing Subdivs. (4) and (5) as Subdivs. (3) and (4), and deleting provisions re publication and applicability of list of jurisdictions the commissioner deems to be tax havens and adding exclusion to definition of “tax haven” in redesignated Subdiv. (4), and made conforming changes in Subsecs. (a) and (b), effective January 1, 2016, and applicable to income years commencing on or after that date.

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.