(a) The provisions of this chapter shall apply only to estates of decedents dying on or prior to January 1, 2005, that, prior to October 1, 2018, have filed a return under section 12-359 or been assessed a tax under section 12-367.
(b) A tax is imposed, under the conditions and subject to the exemptions and limitations hereinafter prescribed, upon transfers, in trust or otherwise, of the following property or any interest therein or income therefrom: (1) When the transfer is from a resident of this state, (A) real property situated in this state; (B) tangible personal property, except such as has an actual situs without this state; and (C) all intangible personal property; and (2) when the transfer is from a nonresident of this state, (A) real property situated in this state; and (B) tangible personal property which has an actual situs in this state. No tax shall be imposed or collected when the amount due is less than ten dollars.
(1949 Rev., S. 2020; 1955, S. 1137d; P.A. 86-10, S. 2, 3; P.A. 18-26, S. 4.)
History: P.A. 86-10 increased minimum level at which tax is imposed from $1 to $10, effective July 1, 1986, and applicable to estates of persons dying on or after that date; P.A. 18-26 added new Subsec. (a) re application of chapter to estates of decedents dying on or prior to January 1, 2005, designated existing provision re tax imposed as new Subsec. (b), and amend same to redesignate existing Subsecs. (a) and (b) as new Subdivs. (1) and (2), redesignate existing Subdivs. (1) to (3) as Subparas. (A) to (C), effective May 29, 2018.
Taxation of personal property on resident located in another state considered and upheld. 76 C. 617; 77 C. 644, 657. Transfer of intangibles taxable by state of decedent's domicile regardless of taxability in another state; transfer of tangible personal property having situs in another state not constitutionally taxable by state of domicile. 105 C. 192, 217; 277 U.S. 1. Transfer of intangibles in New York to New York trustee by Connecticut resident temporarily in New York, taxable by this state. 114 C. 221. What constitutes “business situs” of intangible property; domicile at death determines right to tax and taxability of transfer in trust not affected by settlor's residence outside state at time trust created; “nonresident” refers to one who is such at time of death. 122 C. 107, 113, 123, 124. Cited. 140 C. 491; 142 C. 144. Benefits coming to decedent's spouse from noncontributory, unfunded retirement plan subject to change by employer, held taxable. 145 C. 497. Cited. 146 C. 184; 147 C. 406. Where person domiciled in Massachusetts transferred, by irrevocable trust, stocks, bonds and securities located in Massachusetts to Massachusetts trustees, retaining the rights to receive income for life and to add to the corpus, and then moved to Connecticut, where she resided until her death, succession tax imposed on transfer under Sec. 12-341(d) is proper. 152 C. 332. Cited. 173 C. 232; 177 C. 476.
Cited. 17 CS 70.
Structure Connecticut General Statutes
Chapter 216 - Succession and Transfer Taxes
Section 12-340. - Tax on transfers of property. Sunset of chapter.
Section 12-341a. - Effective date.
Section 12-341b. - Taxable transfers by persons dying on and after July 1, 1963.
Section 12-341c. - Effective date.
Section 12-342. - Life, accident and war risk insurance.
Section 12-343. - Jointly-owned property.
Section 12-344a. - Additional amount added to tax.
Section 12-344b. - Applicable rates.
Section 12-345. - Revocable trusts.
Section 12-345c. - Taxable transfer made, when.
Section 12-345d. - Lapse of power.
Section 12-345e. - Tax liability for transfer of property subject to general power of appointment.
Section 12-345f. - Power created on or before October 21, 1942.
Section 12-346. - Transfers to executors and trustees in lieu of commissions.
Section 12-348. - Declaration by officer of corporation or other entity claiming exemption.
Section 12-349. - Gross taxable estate.
Section 12-349a. - Effective date.
Section 12-350. - Net estate of resident transferors; deductions.
Section 12-351. - Administration expenses not deductible.
Section 12-352. - Net estate of nonresident transferor; deductions.
Section 12-353. - Life estates; annuities.
Section 12-354. - Estate which may be divested.
Section 12-355. - Compounding of tax. Contingent remainders.
Section 12-356. - Determination of value of contingent interest by Insurance Commissioner.
Section 12-357. - Supervision by commissioner.
Section 12-358. - Reports by clerks of probate courts. Certified copies of wills and papers.
Section 12-359. - Reports of representatives of transferors.
Section 12-363. - Jointly-owned real property; certificate of tax payment.
Section 12-364. - Certificate of release of lien. Regulations.
Section 12-365. - Administration on taxable transfer.
Section 12-366. - Lien for taxes. Regulations.
Section 12-368. - Waiver of hearing on computation of tax.
Section 12-369. - Action for quieting title to property.
Section 12-370. - Forms. Reciprocal exchange of information.
Section 12-371. - Estates of nonresident decedents; cooperation with other states.
Section 12-372. - Authority to compromise or arbitrate dispute as to decedent's domicile.
Section 12-373. - Agreement of compromise to fix amount of tax.
Section 12-374. - Determination of domicile by arbitration.
Section 12-375. - Tax due at death.
Section 12-376. - Payment. Interest. Extensions.
Section 12-376a. - Waiver of interest on tax on certain transfers.
Section 12-377. - Temporary payments.
Section 12-378. - Opinion of no tax due by probate court. Receipts and certificates.
Section 12-379. - Computation and payment by fiduciary.
Section 12-380. - Commissioner may compromise tax.
Section 12-381. - Enforcement against personal property.
Section 12-383. - Penalty for false return or affidavit.
Section 12-384. - Liability of representatives of estates and transferees.
Section 12-385. - Enforcement by sale of property.
Section 12-386. - Legacy charged on real property.
Section 12-387a. - Out-of-state action to collect succession tax; local tax.
Section 12-387b. - Reciprocity.
Section 12-387c. - “Tax” to include interest and penalties.
Section 12-388. - Certain refunds to estates subject to additional succession tax.
Section 12-389. - Appointment of attorneys to represent the Commissioner of Revenue Services.
Section 12-390. - Applicability of this chapter. Continuance in force of former statutes.