Connecticut General Statutes
Chapter 228b - Controlling Interest Transfer Tax
Section 12-638a. - Definitions.

As used in this chapter, (1) “commissioner” means the Commissioner of Revenue Services, and (2) “controlling interest” means (A) in the case of a corporation, more than fifty per cent of the total combined voting power of all classes of stock of such corporation, and (B) in the case of a partnership, association, trust or other entity, more than fifty per cent of the capital, profits or beneficial interest in such partnership, association, trust or other entity.

(P.A. 89-251, S. 38, 203; P.A. 90-315, S. 2, 6.)
History: P.A. 89-251, S. 38 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date; P.A. 90-315 amended the definition of controlling interest to mean in the case of a corporation “more than 50% of the total combined voting power of all classes of stock of such corporation” and including deletion of the alternative “fifty per cent or more of the capital, profits or beneficial interest in the voting stock of such corporation” and in the case of a partnership, association, trust or other entity “more than fifty per cent of the capital, profits or beneficial interest in such entity”, effective June 12, 1990, and applicable to any sale or transfer of a controlling interest in any entity occurring on or after July 1, 1989.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 12 - Taxation

Chapter 228b - Controlling Interest Transfer Tax

Section 12-638a. - Definitions.

Section 12-638b. - Tax on transfer of controlling interest in entity possessing real property. Rate of tax applied to the value of the real property.

Section 12-638c. - Filing return and payment of tax. Penalty and waiver provisions. Regulations.

Section 12-638d. - Examination of records. Deficiency assessment. Penalty. Limitation of assessment period.

Section 12-638e. - Excess payments.

Section 12-638f. - Claims for refund.

Section 12-638g. - Wilful violations. Penalties.

Section 12-638h. - Records. Examinations. Hearings. Testimony.

Section 12-638i. - Application to commissioner for hearing.

Section 12-638j. - Collection of tax. State lien against real estate as security for tax.

Section 12-638k. - Certain portion of tax collected to be remitted to town in which the real property is located.

Section 12-638l. - Additional tax imposed with that under section 12-638b when the real property conveyed is classified as open space, maritime heritage, farm or forest land at the time of transfer.

Section 12-638m. - Payment of tax imposed by section 12-638l. Classification of the land terminates automatically.

Section 12-638n. - Transfers not subject to the tax under section 12-638l.

Section 12-638o. - Filing and collection provisions related to the tax under sections 12-638l to 12-638n, inclusive.

Section 12-638p. - Certain records to be kept by any entity with respect to which a sale or transfer of controlling interest in such entity is subject to tax under this chapter.