Connecticut General Statutes
Chapter 228b - Controlling Interest Transfer Tax
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.

(a) Any land which has been classified by the record owner thereof as open space land pursuant to section 12-107e or as maritime heritage land pursuant to section 12-107g, shall, if a controlling interest in the entity which possesses an interest in such land is sold within a period of ten years from the time the owner first caused such land to be so classified, be subject to a tax applicable to the present true and actual value of such land, which tax shall be in addition to the tax imposed under this chapter. Said tax shall be at the following rate: (1) Ten per cent of said present true and actual value if sold within the first year following the date of such classification; (2) nine per cent if sold within the second year following the date of such classification; (3) eight per cent if sold within the third year following the date of such classification; (4) seven per cent if sold within the fourth year following the date of such classification; (5) six per cent if sold within the fifth year following the date of such classification; (6) five per cent if sold within the sixth year following the date of such classification; (7) four per cent if sold within the seventh year following the date of such classification; (8) three per cent if sold within the eighth year following the date of such classification; (9) two per cent if sold within the ninth year following the date of such classification; and (10) one per cent if sold within the tenth year following the date of such classification. No tax shall be imposed on such record owner by the provisions of this chapter following the end of the tenth year after the date of such classification by such record owner.

(b) Any land which has been classified by the record owner thereof as farm land pursuant to section 12-107c or as forest land pursuant to section 12-107d shall, if a controlling interest in the entity which possesses an interest in such land is sold within a period of ten years from the time the owner acquired title to such land or from the time he first caused such land to be so classified, whichever is earlier, be subject to a tax applicable to the present true and actual value of such land, which tax shall be in addition to the tax imposed under this chapter. Said conveyance tax shall be at the following rate: (1) Ten per cent of said present true and actual value if sold within the first year of ownership by such record owner; (2) nine per cent if sold within the second year of ownership by such record owner; (3) eight per cent if sold within the third year of ownership by such record owner; (4) seven per cent if sold within the fourth year of ownership by such record owner; (5) six per cent if sold within the fifth year of ownership by such record owner; (6) five per cent if sold within the sixth year of ownership by such record owner; (7) four per cent if sold within the seventh year of ownership by such record owner; (8) three per cent if sold within the eighth year of ownership by such record owner; (9) two per cent if sold within the ninth year of ownership by such record owner; and (10) one per cent if sold within the tenth year of ownership by such record owner. No conveyance tax shall be imposed by the provisions of this chapter following the end of the tenth year of ownership by such record owner.
(P.A. 89-251, S. 50, 203; P.A. 07-127, S. 11.)
History: P.A. 89-251, S. 50 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date; P.A. 07-127 added reference to Sec. 12-107g and maritime heritage land in Subsec. (a), effective July 1, 2007.

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.