2005 Connecticut Code - Sec. 12-268a. Alternate methods of determining portion of business equitably attributable to Connecticut.
Sec. 12-268a. Alternate methods of determining portion of business equitably
attributable to Connecticut. If the method of apportionment provided for in section
12-251, section 12-258 or section 12-265 unfairly attributes to this state an undue proportion of its business activity, a company or municipal utility may petition for an alternate
method of apportionment by filing with its return to the commissioner a statement of
its objections and of such proposed other method of apportionment as it believes proper
and equitable under the circumstances, accompanied by supporting details and proofs.
The commissioner, within a reasonable time thereafter, shall notify the company or
municipal utility whether the proposed method is accepted as reasonable and equitable
and, if so accepted, shall adjust the return and tax accordingly. With respect to any
company or municipal utility included in section 12-249, section 12-256 or section 12-264, the commissioner, at any time within three years after the filing by it of a return
based on the method of apportionment provided for in section 12-249, section 12-258
or section 12-265, may change such method if, in his opinion, such method has operated
or will operate so as to subject the company or municipal utility to taxation on a lesser
portion of its business activity than is properly and equitably attributable to this state,
and shall thereupon proceed to assess and collect taxes in accordance with such method
as so changed by him.
History: P.A. 85-562 added a technical clarification by including direct reference to Secs. 12-258 and 12-265 which describe alternative methods of apportionment for purposes of determining the portion of the company's business equitably attributable to Connecticut; P.A. 87-124 inserted references to sections concerning taxation of railroad companies, effective January 1, 1988, and applicable with respect to the tax imposed under chapter 210 on gross earnings in the calendar year ending December 31, 1987, and in each calendar year thereafter.
See Chapter 138c re tax credits for donations to Rental Housing Assistance Trust Fund.
Cited. 161 C. 145. Cited. 169 C. 58.
Disclaimer: These codes may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
