(a) Upon notification to the Comptroller by the Commissioner of Revenue Services that any taxes, including penalties and interest related thereto, are (1) due to the state from any person and unpaid and a period in excess of thirty days has elapsed following the date on which such taxes were due and (2) are not the subject of a timely filed administrative appeal to said commissioner or of a timely filed appeal pending before any court of competent jurisdiction, the Comptroller shall withhold any order upon the Treasurer for payment of any amount payable by the state to such person unless the amount so payable is reduced by the amount of such taxes, penalties and interest, provided any such amount payable by the state shall not be so reduced if such amount payable is a payment of salary or wages, or any payment in lieu of or in addition to such salary or wages, to a state employee. The Comptroller shall promptly notify the Commissioner of Revenue Services of any payment reduced under the provisions of this section.
(b) For purposes of subsection (a) of this section, any taxes for general or special purposes levied by a municipality, any taxes imposed under chapter 223 and payable to such municipality, any fines, penalties, costs or fees payable to such municipality for the violation of any lawful regulation or ordinance in furtherance of any general powers as enumerated in section 7-148, or any charge payable to such municipality for connection with or for the use of a waterworks or sewerage system shall be treated as if they were taxes due to the state, where, pursuant to section 12-2, an agreement exists between the commissioner and the governing authority of such municipality providing for the collection by the commissioner, on behalf of such municipality, of such taxes, fines, penalties, costs or fees, or charges, provided such taxes, fines, penalties, costs or fees, or charges are (1) unpaid and a period in excess of thirty days has elapsed following the date on which they were due and (2) not the subject of a timely filed administrative appeal or of a timely filed appeal pending before any court of competent jurisdiction.
(P.A. 85-423, S. 1, 3; P.A. 97-309, S. 16, 23; 97-322, S. 7, 9.)
History: P.A. 97-309 designated existing provisions as Subsec. (a), added requirement that taxes be unpaid for 30 days and not subject of a timely filed administrative or court appeal and added new Subsec. (b) re treatment of municipal taxes as taxes due the state if agreement entered into under Sec. 12-2, effective October 1, 1999; P.A. 97-322 changed effective date of Sec. 16 of public act 97-309 from October 1, 1999, to July 1, 1997, effective July 1, 1997.
Section creates a mandatory, as opposed to directory, obligation on the part of the comptroller either to reduce a payment to a person by the amount of taxes owed by such person or to not issue a payment at all. 332 C. 776.
Structure Connecticut General Statutes
Chapter 202 - Collection of State Taxes
Section 12-35a. - Lien on personal property as security related to delinquent state taxes.
Section 12-35f. - Offset of tax refunds.
Section 12-35g. - Tax amnesty program for unpaid tax for periods ending November 30, 2008.
Section 12-35i. - Tax amnesty program for unpaid taxes for periods ending November 30, 2012.
Section 12-35j. - Facilitation of issuance of tax warrants.
Section 12-36. - Jeopardy collection of taxes due state.
Section 12-37. - State suspense tax book.
Section 12-38. - Interest on taxes, fees and assessments due from municipality to the state.
Section 12-39b. - Records of cancellation or revision of tax liability.
Section 12-39bb. - Records of department. Reproductions of records.
Section 12-39cc. - Data match system with financial institutions.
Section 12-39f. - Refund of state taxes. Limit on interest added or awarded.
Section 12-39k. - Granting of extensions requested by persons other than the taxpayer.
Section 12-39m. - Posting of bond by taxpayer objecting to an assessment. Regulations.
Section 12-39n. - Taxpayer's Bill of Rights.
Section 12-39o. - Issuance or renewal of license when taxes owed or returns outstanding.
Section 12-39r. - Payment of state taxes by credit card, charge card or debit card.
Section 12-39t. - Suspension of statute of limitations for filing a claim for refund of taxes.
Section 12-39u. - Offsetting of overpayments and underpayments of taxes.
Section 12-39v. - Refund to person of tax collected from customer.
Section 12-39z. - Rounding of dollar amounts in returns, statements or other documents.