Connecticut General Statutes
Chapter 228b - Controlling Interest Transfer Tax
Section 12-638g. - Wilful violations. Penalties.

(a) Any entity required under this chapter to pay any tax, or required under this chapter or by regulations adopted in accordance with the provisions of this chapter to make a return, keep any records or supply any information, who wilfully fails to pay such tax, make such return, keep such records, or supply such information, at the time required by law or regulations, shall, in addition to any other penalty provided by law, be fined not more than one thousand dollars or imprisoned not more than one year or both. Notwithstanding the provisions of section 54-193, no person shall be prosecuted for a violation of the provisions of this subsection committed on or after July 1, 1997, except within three years next after such violation has been committed. As used in this section, “entity” includes any officer or employee of a corporation or a member or employee of a partnership under a duty to pay such tax, to make such return, keep such records or supply such information.

(b) Any entity which wilfully delivers or discloses to the commissioner or his authorized agent any list, return, account, statement, or other document, known by it to be fraudulent or false in any material matter, shall, in addition to any other penalty provided by law, be guilty of a class D felony. No entity shall be charged with an offense under both subsections (a) and (b) of this section in relation to the same tax period but such entity may be charged and prosecuted for both such offenses upon the same information.
(P.A. 89-251, S. 45, 203; P.A. 97-203, S. 12, 20; P.A. 13-258, S. 57.)
History: P.A. 89-251, S. 45 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date; P.A. 97-203 amended Subsec. (a) to extend to three years the time within which persons wilfully failing to file tax returns or pay taxes may be criminally prosecuted, effective July 1, 1997; P.A. 13-258 amended Subsec. (b) to change penalty from fine of not more than $5,000 or imprisonment of not more than 5 years or less than 1 year to a class D felony.

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.