Sec. 12-218g. Net deferred tax liability and assets. Deductions.

(a) For purposes of this section, “net deferred tax liability” means deferred tax liabilities that exceed the deferred tax assets of the combined group, as computed in accordance with generally accepted accounting principles, and “net deferred tax asset” means that deferred tax assets exceed the deferred tax liabilities of the combined group, as computed in accordance with generally accepted accounting principles.

(b) Only publicly traded companies, including affiliated corporations participating in the filing of a publicly traded company's financial statements prepared in accordance with generally accepted accounting principles, as of January 1, 2016, shall be eligible for this deduction.

(c) If the provisions of sections 12-218e and 12-218f result in an aggregate increase to the members' net deferred tax liability or an aggregate decrease to the members' net deferred tax asset, or an aggregate change from a net deferred tax asset to a net deferred tax liability, the combined group shall be entitled to a deduction, as determined in this section.

(d) For the thirty-year period beginning with the combined group's first income year that begins in 2021, a combined group shall be entitled to a deduction from combined group net income equal to one-thirtieth of the amount necessary to offset the increase in the net deferred tax liability or decrease in the net deferred tax asset, or the aggregate change thereof, from a net deferred tax asset to a net deferred tax liability, as computed in accordance with generally accepted accounting principles, that would have resulted from the imposition of the unitary reporting requirements under sections 12-218e and 12-218f, but for the deduction provided under this section. Such increase in the net deferred tax liability or decrease in the net deferred tax asset or the aggregate change thereof shall be computed based on the change that would have resulted from the imposition of the unitary reporting requirements under sections 12-218e and 12-218f as of January 1, 2016, but for the deduction provided under this section.

(e) The deduction calculated under this section shall not be reduced as a result of any events happening subsequent to such calculation, including, but not limited to, any disposition or abandonment of assets. Such deduction shall not alter the tax basis of any asset. If the deduction under this section is greater than combined group net income, any excess deduction shall be carried forward and applied as a deduction to combined group net income in future income years until fully utilized.

(f) Any combined group intending to claim a deduction under this section shall file a statement with the commissioner on or before July 1, 2017, specifying the total amount of the deduction which the combined group claims. The statement shall be made on such form and in such manner as prescribed by the commissioner and shall contain such information or calculations as the commissioner may specify. No deduction shall be allowed under this section for any income year except to the extent claimed on or before July 1, 2017, in the manner prescribed. Nothing in this subsection shall limit the authority of the commissioner to review or redetermine the proper amount of any deduction claimed, whether on the statement required under this subsection or on a tax return for any income year.

(P.A. 15-244, S. 141; June Sp. Sess. P.A. 15-5, S. 139, 145; June Sp. Sess. P.A. 17-2, S. 661; June Sp. Sess. P.A. 17-4, S. 19.)

History: P.A. 15-244 effective June 30, 2015, and applicable to income years commencing on or after January 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 141, from June 30, 2015, and applicable to income years commencing on or after January 1, 2015, to January 1, 2016, and applicable to income years commencing on or after that date, effective June 30, 2015, and substituted “combined group” for “unitary group” throughout, amended Subsec. (c) to allow deduction after aggregate change from net deferred tax asset to net deferred tax liability, amended Subsec. (d) to delete reference to change in net income of unitary group, and amended Subsec. (f) to change date re statement filing and deduction allowed from July 1, 2016, to July 1, 2017, effective January 1, 2016, and applicable to income years commencing on or after that date; June Sp. Sess. P.A. 17-2 amended Subsec. (d) to replace “seven-year” and “one-seventh” with “thirty-year” and “one-thirtieth”, respectively, and to make technical changes, and amended Subsec. (e) to delete “shall be calculated without regard to the federal tax effect and”, effective October 31, 2017; June Sp. Sess. P.A. 17-4 amended Subsec. (d) to replace “2018” with “2021”, effective November 21, 2017.