Whenever any transfer of property is reported and a tax paid thereon under the provisions of this chapter more than six months after the date of death of the transferor, and it appears that such transfer could not have been known, or in good faith was not known, at the time of the death of the transferor, or at the time any other estate of such transferor was probated, the running of interest at one per cent per month or fraction thereof on such transfer, as provided by section 12-376, may be waived by the Commissioner of Revenue Services upon a finding that such transfer could not have been known, or in good faith was not known, within six months of the date of death of the transferor. Upon such waiver by the commissioner interest at three-fourths per cent per month or fraction thereof shall run on the amount of tax payable on such transfer for a period from six months after the date of death of the transferor until the date of payment of such tax to the commissioner.
(February, 1965, P.A. 440; 1971, P.A. 863, S. 10; June, 1971, P.A. 5, S. 120, 130; P.A. 77-614, S. 139, 610; P.A. 78-371, S. 4, 6; P.A. 80-307, S. 15, 31; P.A. 81-411, S. 23, 42; P.A. 90-148, S. 17, 34; P.A. 95-26, S. 15, 52.)
History: 1971 acts substituted 9-month for 14-month period and deleted requirement for approval of waiver of interest by attorney general, effective January 1, 1972, and applicable to estates of persons dying on or after that date (all estates of persons dying before January 1, 1972, are subject to succession or inheritance tax laws applicable before that date and continued in force for that purpose); P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 78-371 increased 9% interest rate to 12% and 6% rate to 9%, effective July 1, 1978, and applicable to estates of persons dying on or after that date (all estates of persons dying before July 1, 1978, shall be subject to succession and transfer tax laws applicable before that date); P.A. 80-307 temporarily increased 12% rate to 15% and 9% rate to 11.25% for taxes due on or after July 1, 1980, but not later than June 30, 1981; P.A. 81-411 continued interest on taxes not paid when due at the rates provided under P.A. 80-307 with respect to taxes becoming due on or after July 1, 1980; P.A. 90-148 changed references to the period after the death of the transferor for payment of tax and the period after which interest shall run on the tax by reducing said periods from 9 months to 6 months, effective July 1, 1990, and applicable to the estate of any transferor whose death occurs on or after that date; P.A. 95-26 lowered interest rate from 15% per annum to 1% per month with reference to Sec. 12-376 and from 11.25% per annum to 0.75% per month upon waiver, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date.
Cited. 152 C. 338.
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.