Connecticut Statutes

§ 12-701 — Definitions. Regulations.

Connecticut § 12-701
JurisdictionConnecticut
Title 12Taxation
Ch. 229Income Tax

This text of Connecticut § 12-701 (Definitions. Regulations.) is published on Counsel Stack Legal Research, covering Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conn. Gen. Stat. § 12-701 (2026).

Text

(a)For purposes of this chapter:
(1)“Resident of this state” means any natural person (A) who is domiciled in this state, unless (i) the person maintains no permanent place of abode in this state, maintains a permanent place of abode elsewhere and spends in the aggregate not more than thirty days of the taxable year in this state, or (ii) within any period of five hundred forty-eight consecutive days the person is present in a foreign country or countries for at least four hundred fifty days, and during such period of five hundred forty-eight consecutive days the person is not present in this state for more than ninety days and does not maintain a permanent place of abode in this state at which such person's spouse, unless such spouse is legally separated, or minor children are present f

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Related

§ 101
10 U.S.C. § 101

Legislative History

(June Sp. Sess. P.A. 91-3, S. 52, 168; May Sp. Sess. P.A. 92-5, S. 2, 37; May Sp. Sess. P.A. 92-17, S. 11, 43, 59; P.A. 93-74, S. 38, 39, 57, 58, 67; 93-332, S. 27, 42; May Sp. Sess. P.A. 94-4, S. 26, 71–74, 85; P.A. 95-5, S. 1–3, 6; 95-160, S. 64, 69; P.A. 96-139, S. 9–11, 13; 96-175, S. 2, 3, 5; 96-180, S. 29–31, 166; 96-221, S. 22, 25; P.A. 97-286, S. 2, 3, 8; 97-309, S. 9, 23; 97-322, S. 7, 9; P.A. 98-110, S. 4, 27; 98-252, S. 58, 80; 98-255, S. 3, 24; P.A. 99-173, S. 1, 65; P.A. 00-82, S. 1–4, 6; 00-174, S. 38, 39, 83; 00-192, S. 6, 102; June Sp. Sess. P.A. 01-6, S. 35, 36, 85; May 9 Sp. Sess. P.A. 02-1, S. 77; P.A. 03-225, S. 13; June 30 Sp. Sess. P.A. 03-6, S. 72; P.A. 05-251, S. 71–73; P.A. 06-186, S. 76, 77; P.A. 07-130, S. 7, 8; P.A. 08-140, S. 1; June Sp. Sess. P.A. 09-3, S. 120, 121; June 19 Sp. Sess. P.A. 09-2, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 196; P.A. 14-47, S. 50; 14-69, S. 3; 14-122, S. 99, 100; 14-155, S. 16; P.A. 15-179, S. 3; 15-244, S. 65; P.A. 17-147, S. 2; June Sp. Sess. P.A. 17-2, S. 342, 641, 642; June Sp. Sess. P.A. 17-4, S. 18; P.A. 18-26, S. 27; 18-49, S. 11; 18-147, S. 2; P.A. 19-117, S. 332; June Sp. Sess. P.A. 21-2, S. 433; P.A. 22-110, S. 32, 33; 22-118, S. 410; P.A. 23-117, S. 8; 23-137, S. 57; 23-204, S. 175, 377, 391; P.A. 24-27, S. 2.) History: June Sp. Sess. P.A. 91-3, S. 52, effective August 22, 1991, and applicable to taxable years of taxpayers occurring on or after January 1, 1991; May Sp. Sess. P.A. 92-5 made various technical and minor changes, effective June 19, 1992, and applicable to taxable years of taxpayers commencing on or after January 1, 1992; May Sp. Sess. P.A. 92-17 amended Subsec. (a)(4) to delete standards for nontaxation of a resident trust and to create a formula for modification of the Connecticut taxable income of a trust based on the residence of the beneficiaries, effective June 19, 1992, and applicable to taxable years of taxpayers commencing on or after January 1, 1993, and added Subsec. (c), concerning a definition of the term “derived from or connected with sources within this state”, effective June 19, 1992, and applicable to taxable years of taxpayers commencing on or after January 1, 1992; P.A. 93-74 amended Subsec. (a)(12), deleting existing definition of “assumed tax” and replacing it with definition of “required annual payment”, amended Subsec. (a)(18), defining “person” by changing statutory citation from Sec. 1-1 to Sec. 12-1, made technical change in Subsec. (a)(20) and added Subdivs. (23) to (27), inclusive, to Subsec. (a) defining “federal tentative minimum tax”, “adjusted federal tentative minimum tax”, “net Connecticut minimum tax”, “Connecticut minimum tax” and “adjusted net Connecticut minimum tax”, effective May 19, 1993, and applicable to taxable years on and after January 1, 1993; P.A. 93-332 amended Subsec. (a)(4) to modify definition of “resident trust or estate” to include trust or estate which has one or more nonresident beneficiaries, effective June 25, 1993, and applicable to taxable years commencing on or after January 1, 1993; May Sp. Sess. P.A. 94-4 in Subsec. (a)(4) made changes in definition of “resident trust or estate” relative to the calculation of the alternative minimum tax, effective June 9, 1994, and applicable to taxable years commencing on or after January 1, 1993, in Subsec. (a)(20) eliminated the modification for moving expenses and added a new Subpara. (x) re eliminating the federal increase in social security taxes, effective June 9, 1994, and applicable to taxable years commencing on or after January 1, 1994, in Subsec. (a)(24) modified definition to exclude the amount of certain interest income or exempt-interest dividends, effective June 9, 1994, and applicable to taxable years commencing on or after January 1, 1993, in Subsec. (a)(26) and (27) modified definitions of “Connecticut minimum tax” and “adjusted net Connecticut minimum tax” to provide that the Connecticut minimum tax is the lesser of 19% of the adjusted federal tentative minimum tax or 5% of the adjusted federal alternative minimum taxable income, effective June 9, 1994, and applicable to taxable years commencing on or after January 1, 1993, and added Subdivs. (28) to (31), inclusive, defining “adjusted federal tentative minimum tax”, “federal alternative minimum taxable income”, “adjusted federal alternative minimum taxable income of an individual” and “adjusted federal alternative minimum taxable income of a trust or an estate”, respectively, effective June 9, 1994, and applicable to taxable years commencing on or after January 1, 1993; P.A. 95-5 amended Subsec. (a)(18) to include reference to Secs. 12-735 and 12-737, amended Subsec. (a)(26) and (27) to add a definition of “Connecticut minimum tax” of a trust or estate and to provide that adjusted net Connecticut minimum tax is less the credit under Sec. 12-700a(e) and made technical changes, and added new Subdiv. (32) defining “pay” effective April 13, 1995, and applicable to taxable years commencing on or after January 1, 1995; P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 96-139 amended Subsec. (a)(10), (28) and (31) to make technical relettering and renumbering corrections, effective May 29, 1996; P.A. 96-175 amended Subsec. (a)(10) and (20) to add reference to Sec. 12-217(c), effective May 31, 1996, and applicable to income years commencing on or after January 1, 1997; P.A. 96-180 amended Subsec. (a)(10), (28) and (31) to make technical relettering and renumbering changes in Subpara. and clause designations, effective June 3, 1996; P.A. 96-221 added Subsec. (a)(10)(B)(viii) re amount of any refund or credit for overpayment of tax, effective June 4, 1996, and applicable to income years commencing on or after January 1, 1992 (Revisor's note: The Revisors editorially corrected clerical errors in Subdivs. (28), (30) and (31) by changing references to “... such territory of possession, ...” to “... such territory or possession, ...” for consistency with the other references in the section); P.A. 97-286 amended Subsec. (a)(27) to make technical changes to definition and to add new Subdivs. (33) and (34) defining “partnership” and “partner”, effective June 26, 1997, and applicable to taxable years commencing on or after January 1, 1997; P.A. 97-309 amended Subsec. (a)(20)(B)(x) to increase the amount of Social Security income that is exempt, effective July 1, 1997, and applicable to income years commencing on or after January 1, 1998; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section; P.A. 98-110 added Subsec. (a)(20)(B)(xi) excluding amount of rebate, effective May 19, 1998, and applicable to taxable years commencing on or after January 1, 1998; P.A. 98-252 and P.A. 98-255 both added Subsec. (a)(20)(B)(xii) re distributions from qualified state tuition programs, effective July 1, 1998; P.A. 99-173 amended Subsec. (a)(20) to exempt the remaining 25% of taxable Social Security income for joint filers and heads of household with an adjusted gross income under $60,000 and single filers with an adjusted gross income under $50,000, effective June 23, 1999, and applicable to taxable years commencing on or after January 1, 1999; P.A. 00-82 amended Subsec. (a)(20) to exclude Holocaust victim's settlement payments from Connecticut adjusted gross income, amended Subsec. (a)(24) and (30) to make said Subdivs. consistent with substantive changes in said act and to make technical changes for purposes of gender neutrality and added Subsec. (a)(35) and (36) defining “Holocaust victim settlement payment” and “Holocaust victim”, respectively, effective May 26, 2000, and applicable to taxable years commencing on or after January 1, 2000; P.A. 00-174 amended Subsec. (a)(1) to modify the domicile provisions in the definition of “resident of this state” and amended Subsec. (a)(20) to eliminate a subtraction modification for tax refunds or credits from any province of Canada, to modify provisions in the Social Security benefit adjustment and to make technical changes, effective May 26, 2000, and applicable to taxable years commencing on or after January 1, 2000; P.A. 00-192 amended Subsec. (a)(20)(B) to delete reference to any province of Canada and to add provisions re interest earned on funds deposited in individual development accounts, effective January 1, 2001, and applicable to taxable years commencing on or after that date; June Sp. Sess. P.A. 01-6, S. 35 amended Subsec. (a)(19) to provide that “adjusted gross income” shall be the income that is properly reported on the taxpayer's federal return, effective July 1, 2001, and applicable to all open tax periods (Revisor's note: June Sp. Sess. P.A. 01-6, S. 36, provided as follows: “Sec. 36. The intent of the amendment made by section 35 of this act to subdivision (19) of subsection (a) of section 12-701 of the general statutes is to clarify that a natural person's adjusted gross income is not further modified in determining such person's Connecticut adjusted gross income for purposes of chapter 229 of the general statutes, except as expressly provided in subdivision (20) of subsection (a) of said section 12-701.”); May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a)(20)(A) to require an addition to income for any allowance for depreciation under the federal Job Creation and Worker Assistance Act of 2002, effective July 1, 2002, and applicable to taxable years commencing on or after January 1, 2002; P.A. 03-225 amended Subsec. (a)(20)(B)(iv) and (v) to provide for a corresponding subtraction modification for the bonus depreciation “decoupling” adopted the previous year and to eliminate an overlap between Social Security and railroad retirement benefits, effective July 9, 2003, and applicable to taxable years commencing on or after January 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(26) to increase applicable percentage of alternative minimum taxable income from 5% to 5.5% and to make a technical change, effective August 20, 2003 and applicable to taxable years commencing on and after January 1, 2003; P.A. 05-251 added Subsec. (a)(20)(B)(xv) excluding 50% of military retirement pay, and amended Subsecs. (a)(24) and (a)(30) to add reference to Subsec. (a)(20)(B)(xv) re military retirement pay, effective June 30, 2005, and applicable for taxable years commencing on or after January 1, 2008; P.A. 06-186 added Subsec. (a)(20)(B)(xiii) re contributions to qualified state tuition programs, and redesignating existing clauses (xiii) to (xv) as clauses (xiv) to (xvi), effective July 1, 2006, and applicable to taxable years commencing on or after January 1, 2006; P.A. 07-130 amended Subsec. (a)(20)(B) by adding new clause (xvi) re contributions to accounts established for designated beneficiary pursuant to Connecticut Homecare Option Program for the Elderly, effective October 1, 2007, and applicable to taxable years commencing on or after January 1, 2007, and by redesignating existing clause (xvi) as clause (xvii), effective October 1, 2007, and applicable to taxable years commencing on or after January 1, 2008; P.A. 08-140 amended Subsec. (a)(20)(B)(xvi) by adding as allowable deduction dividends or capital gains earned on contributions to accounts established under Connecticut Homecare Option Program for the Elderly, effective July 1, 2008, and applicable to taxable years commencing on or after January 1, 2008; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by adding Subdivs. (10)(A)(viii) and (20)(A)(x) re deduction for qualified domestic production activities income, effective September 9, 2009, and applicable to taxable years commencing on or after January 1, 2009; June 19 Sp. Sess. P.A. 09-2 amended Subsec. (a)(20) by adding Subpara. (A)(x), codified by the Revisors as Subpara. (A)(xi), and Subpara. (B)(xviii) re treatment of income from discharge of indebtedness, effective June 22, 2009, and applicable to taxable years ending after December 31, 2008; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a)(20) by adding clauses (xii) and (xiii) re distribution from a manufacturing reinvestment account in Subpara. (A) and adding clause (xix) re contribution to a manufacturing reinvestment account in Subpara. (B), effective June 15, 2012, and applicable to taxable years commencing on or after January 1, 2011; P.A. 14-47 amended Subsec. (a)(20)(B) by adding clause (xx) re deduction for income from state teachers' retirement system, effective July 1, 2015, and applicable to taxable years commencing on or after January 1, 2015; P.A. 14-69 amended Subsec. (a)(20)(A) by deleting former clause (xii) re manufacturing reinvestment account distribution and redesignating existing clause (xiii) as clause (xii), effective July 1, 2014, and applicable to taxable years commencing on or after January 1, 2014; P.A. 14-122 made technical changes in Subsecs. (a)(9) and (b); P.A. 14-155 amended Subsec. (a)(10)(A) by adding clause (ix) re lump sum distribution, effective June 11, 2014, and applicable to taxable years commencing on or after January 1, 2014; P.A. 15-179 made a technical change in Subsec. (a)(20)(B)(xviii), effective July 1, 2015; P.A. 15-244 amended Subsec. (a)(20)(B)(xvii) to increase deduction for Armed Forces and National Guard retirement income from 50 per cent of such income to any such income, effective July 1, 2015, and applicable to taxable years commencing on or after January 1, 2015; P.A. 17-147 amended Subsec. (a)(20)(A) by adding clause (xiii) re compensation required to be recognized under Sec. 457A of the Internal Revenue Code, effective July 1, 2017, and applicable to taxable years commencing on or after January 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (a)(20) by adding Subpara. (B)(xxi), codified by the Revisors as Subpara. (B)(xxiii), re amount of financial assistance received from Crumbling Foundations Assistance Fund or paid to or on behalf of owner pursuant to Secs. 8-442 and 8-443, effective October 31, 2017, and applicable to taxable years commencing on and after January 1, 2017, and amended Subsec. (a)(20)(B) by adding subclauses (III) and (IV) re deduction of Social Security benefits for taxable years commencing January 1, 2018, in clause (x), replacing “January 1, 2017” with “January 1, 2019” re implementation of 50 per cent deduction of teachers' retirement income, adding provision re percentage, if applicable, pursuant to clause (xxi) and adding subclause designators in clause (xx), adding clause (xxi) re deduction of pension or annuity income, adding clause (xxii) re deduction of lost wages and medical, travel and housing expenses incurred in connection with certain organ donations, and making technical and conforming changes, effective October 31, 2017, and applicable to taxable years commencing on or after January 1, 2017, and further amended Subsec. (a) by adding Subdiv. (37) re definition of “organ”, effective October 31, 2017, and applicable to taxable years commencing on or after January 1, 2017; June Sp. Sess. P.A. 17-4 amended Subsec. (a)(20)(B)(x) by replacing “2018” with “2019”, effective November 21, 2017; P.A. 18-26 amended Subsec. (a)(20) to make technical changes and add “and each taxable year thereafter,” in Subpara. (B)(xxi)(VII); P.A. 18-49 amended Subsec. (a)(20) by replacing “September 10, 2001, but prior to September 11, 2004, in taxable years ending after September 10, 2001” with “September 27, 2017” and deleting reference to Sec. 101 of the Job Creation and Worker Assistance Act of 2002 in Subpara. (A)(ix), adding Subpara. (A)(xiv) re 80 per cent addback of deduction claimed for federal purposes under Sec. 179 of Internal Revenue Code, deleting reference to Sec. 101 of Job Creation and Worker Assistance Act of 2002, replacing “December 31, 2001, but prior to September 10, 2004” with “September 27, 2017” and deleting reference to taxable year ending after December 31, 2001, in Subpara. (B)(v), adding Subpara. (B)(xxiv), codified by the Revisors as Subpara. (B)(xxv), re deduction of disallowed portion pursuant to Subpara. (A)(xiv), and making technical changes, effective May 31, 2018, and applicable to taxable years commencing on or after January 1, 2017; P.A. 18-147 amended Subsec. (a)(20)(B) by adding clause (xxiv) re deduction for venture capital income calculated pursuant to Sec. 12-704g, effective July 1, 2018, and applicable to taxable years commencing on or after January 1, 2018; P.A. 19-117 amended Subsec. (a)(20)(B)(xx) by replacing “January 1, 2017, and January 1, 2018” with “to January 1, 2020, inclusive” in subclause (II) re income received from state teachers' retirement system, and replacing “2019” with “2021” in subclause (III), and made a technical change in Subsec. (a)(20)(B)(xxiii), effective June 26, 2019, and applicable to taxable years commencing on or after January 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(20)(B) by deleting “the percentage, if applicable, pursuant to” in clause (xx) and adding provision re taxpayer whose federal adjusted gross income does not exceed applicable threshold under clause (xxi), and adding clause (xxvi) re deductions for the taxable years commencing on and after January 1, 2023, for distribution from individual retirement account other than Roth individual retirement account, effective June 23, 2021; P.A. 22-110 amended Subsec. (a) by making technical changes in Subdivs. (10), (24), (26), (28), (30) and (31); P.A. 22-118 amended Subsec. (a)(20) by making 100 per cent of pension or annuity income deductible for the taxable year commencing January 1, 2022, and each taxable year thereafter for taxpayers with federal adjusted gross income below certain thresholds in Subpara. (B)(xxi)(IV), and adding Subpara. (B)(xxvii) re amount or amounts paid or otherwise credited under the 2020 and 2021 federal Earned Income Tax Credit enhancement programs, effective May 7, 2022; P.A. 23-117 amended Subsec. (a)(20)(B) by deleting former clause (xv) and making conforming changes, effective June 27, 2023; P.A. 23-137 amended Subsec. (a)(20)(B) by making technical changes in clauses (xxvi) and (xxvii) and adding clause (xxviii), codified by the Revisors as clause (xxxiv), re deduction for contributions to ABLE account, effective January 1, 2024, and applicable to taxable years commencing on or after January 1, 2024; P.A. 23-204 amended Subsec. (a)(20)(B) by replacing “taxable year commencing January 1, 2022, and each taxable year thereafter” with “taxable years commencing January 1, 2022, and January 1, 2023” in clause (xxi)(IV), adding new clauses (xxii) and (xxiii), codified by the Revisors as clauses (xxi) and (xxii), re deductions for pension or annuity income for taxable years commencing on or after January 1, 2024, redesignating existing clauses (xxii) to (xxv) as clauses (xxiv) to (xxvii), redesignating existing clause (xxvi) as clause (xxviii) and amending same to delete subclauses (II) and (III) and subclause (I) designator, adding clauses (xxix) and (xxx), codified by the Revisors as clauses (xxviii) and (xxix), re deductions for distributions from an individual retirement account other than a Roth individual retirement account for taxable years commencing on or after January 1, 2024, redesignating existing clause (xxvii) as clause (xxxi), and adding clause (xxxii), codified by the Revisors as clause (xxxi), re deduction for ordinary and necessary expenses for taxpayer licensed under Ch. 420f or 420h for the taxable year commencing January 1, 2023, and each taxable year thereafter, effective June 12, 2023, and further amended Subsec. (a)(20)(B) by adding clause (xxviii), codified by the Revisors as clause (xxxii), re deduction for common stock received under a share plan for taxable years commencing on or after January 1, 2025, effective January 1, 2024, and further amended Subsec. (a)(20)(B) by adding clause (xxviii), codified by the Revisors as clause (xxxiii), re student loan reimbursement payment and making technical changes in clauses (xxvi) and (xxvii), effective January 1, 2024, and applicable to taxable years commencing on or after January 1, 2024; P.A. 24-27 amended Subsec. (a)(20)(B) by adding clause (xxxv) re payments from Fallen Officer Fund, effective May 14, 2024, and applicable to taxable years commencing on or after January 1, 2024. Subsec. (a): Federal tax benefit rule is incorporated into definition of “adjusted gross income”. 253 C. 761. Cited. 44 CS 461. Subdiv. (4): Commerce and due process clauses do not invalidate Connecticut's tax on testamentary trust income. 45 CS 368.

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Connecticut § 12-701, Counsel Stack Legal Research, https://law.counselstack.com/statute/ct/12-701.