Certain portion of tax collected to be remitted to town in which the real property is located

# (a)

On or before the first day of the fourth month following the end of each calendar quarter, the commissioner shall certify to the State Comptroller an amount equal to eleven one hundredths of one per cent of the present true and actual value of the interest in real property conveyed in each town which has been collected pursuant to this chapter for such quarter, which amount shall be remitted to the town in which such real property is located. The State Comptroller shall draw his order on the State Treasurer not later than fifteen days following the date on which the commissioner certifies an amount to the State Comptroller. The State Treasurer shall pay the amount to be paid to each town in accordance with this section not later than five days from the date on which the State Comptroller draws his order on the State Treasurer.

# (b)

If the interest in real property conveyed is located in more than one town, the tax shall be allocated between or among the towns in proportion to the assessed value of the real property located in each town. (P.A. 89-251, S. 49, 203; P.A. 97-243, S. 40, 67.) History: P.A. 89-251, S. 49 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date; P.A. 97-243 amended Subsec. (a) to extend time within which department pays municipalities to quarterly payments, effective July 1, 1997. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles) Sec. 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. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles) Sec. 12-638m. Payment of tax imposed by section 12-638l. Classification of the land terminates automatically. The tax imposed by section 12-638l shall be due and payable by the particular grantor who caused such classification to be made in the same manner as the tax imposed by this chapter. The total amount of the tax shall be paid to the town in the same manner as the municipal portion is paid to towns under section 12-638k. Upon the receipt of such payment, such land shall be automatically declassified and the assessor shall forthwith record with the town clerk a certificate setting forth that such land has been declassified. Thereafter, such land shall be assessed at its fair market value as determined by the assessor under the provisions of section 12-63 for all other property, until such time as a record owner may reclassify such land. (P.A. 89-251, S. 51, 203.) History: P.A. 89-251, S. 51 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles) Sec. 12-638n. Transfers not subject to the tax under section 12-638l. The provisions of section 12-638l shall not be applicable to any sale having any of the following underlying characteristics:

(1) Transfers of land resulting from eminent domain proceedings;

(2) mortgage deeds;

(3) deeds to or by the United States of America, state of Connecticut or any political subdivision or agency thereof;

(4) strawman deeds and deeds which correct, modify, supplement or confirm a deed previously recorded;

(5) deeds between husband and wife and parent and child when no consideration is received, except that a subsequent nonexempt transfer by the grantee in such cases shall be subject to the provisions of section 12-638l as it would be if the grantor were making such nonexempt transfer;

(6) tax deeds;

(7) deeds releasing any property which is a security for a debt or other obligation;

(8) deeds of partition;

(9) property transferred as a result of death by devise or otherwise and in such transfer the date of acquisition or classification of the land for purposes of this chapter, whichever is earlier, shall be the date of acquisition or classification by the decedent;

(10) deeds to any corporation, trust or other entity, of land to be held in perpetuity for educational, scientific, aesthetic or other equivalent passive uses, provided such corporation, trust or other entity has received a determination from the Internal Revenue Service that contributions to it are deductible under applicable sections of the Internal Revenue Code; and (11) land subject to a covenant specifically set forth in the deed transferring title to such land, which covenant is enforceable by the town in which such land is located, to refrain from selling or developing such land in a manner inconsistent with its classification as farm land pursuant to section 12-107c, forest land pursuant to section 12-107d, open space land pursuant to section 12-107e or maritime heritage land pursuant to section 12-107g, for a period of not less than eight years from the date of transfer, if such covenant is violated the tax set forth in this chapter shall be applicable at the rate which would have been applicable at the date the deed containing the covenant was delivered and, in addition, the town or any taxpayer therein may commence an action to enforce such covenant. If such action is taken by such a taxpayer, the town shall be served as a necessary party. (P.A. 89-251, S. 52, 203; P.A. 07-127, S. 12.) History: P.A. 89-251, S. 52 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date; P.A. 07-127 made technical changes and added reference to Sec. 12-107g and maritime heritage land, effective July 1, 2007. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles) Sec. 12-638o. Filing and collection provisions related to the tax under sections 12-638l to 12-638n, inclusive. The provisions of sections 12-638a to 12-638k, inclusive, pertaining to the filing of returns, declarations, assessment and collection of taxes and penalties shall be applicable to the tax imposed by sections 12-638l to 12-638n, inclusive. (P.A. 89-251, S. 53, 203.) History: P.A. 89-251, S. 53 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or after that date. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles)