Title 12, Title 12: Taxation

Sec. 12-370. Forms. Reciprocal exchange of information. The commissioner shall have power to prescribe such forms as may be necessary under this chapter. He may exchange information with the authorities of other states, territories, the federal government, the District of Columbi…

Sec. 12-371. Estates of nonresident decedents; cooperation with other states. “Death taxes”, as used in this section, shall include inheritance, succession, transfer or estate taxes or any taxes levied against the estate of a decedent upon the occasion of his death. When the Comm…

Sec. 12-372. Authority to compromise or arbitrate dispute as to decedent's domicile. When the Commissioner of Revenue Services claims that a decedent was domiciled in this state at the time of his death and the taxing authorities of another state or states make a like claim on be…

Sec. 12-373. Agreement of compromise to fix amount of tax. An agreement of compromise made pursuant to section 12-372 shall fix the amount to be accepted in full satisfaction of the tax imposed by this chapter, including any interest to the date of filing the agreement, and shall…

Sec. 12-374. Determination of domicile by arbitration. A board of arbitration selected pursuant to an agreement of arbitration made under section 12-372 shall hold hearings at such times and places as it may determine, upon reasonable notice to the parties to the agreement, all o…

Sec. 12-375. Tax due at death. The tax imposed by this chapter shall be due at the death of the transferor. (1949 Rev., S. 2051.) Amount of tax not affected by decrease in value of estate between date of death and date of distribution. 126 C. 144. Cited. 136 C. 141.

Sec. 12-376. Payment. Interest. Extensions. Each tax imposed by the provisions of this chapter, which is not paid to the Commissioner of Revenue Services within six months after the date of the death of the transferor or within six months of any moneys received as a result of a s…

Sec. 12-376a. Waiver of interest on tax on certain transfers. Whenever any transfer of property is reported and a tax paid thereon under the provisions of this chapter more than six months after the date of death of the transferor, and it appears that such transfer could not have…

Sec. 12-376b. Optional payment in installments up to ten years when interest in closely held business exceeds thirty-five per cent of gross estate. (a) Whenever the value of an interest in a closely held business, as defined in subsection (b) of this section, included in the gros…

Sec. 12-376c. Extension of time for payment when estate consists primarily of works of art of the decedent. (a) Whenever the net taxable estate of any decedent, hereinafter referred to as the transferor, as determined for purposes of the succession tax under this chapter, consist…

Sec. 12-376d. Tax credit for the value of a work of art accepted by the state from the estate of a deceased artist whose net taxable estate is subject to tax under this chapter. (a) There shall be allowed a credit against any tax due under this chapter with respect to the estate …

Sec. 12-377. Temporary payments. Temporary payments of taxes may be made at any time after the due date and before the tax is determined. The temporary payment of an amount satisfactory to the commissioner shall stop the running of the interest as provided in section 12-376. (194…

Sec. 12-378. Opinion of no tax due by probate court. Receipts and certificates. (a) In each case in which the judge of the probate court having jurisdiction of the estate of a deceased person believes that the estate is not subject to tax under this chapter, such judge shall send…

Sec. 12-379. Computation and payment by fiduciary. Notwithstanding the provisions of section 12-378, an executor or administrator, after filing the return required by section 12-359, together with a proposed computation of the tax payable, and paying the amount of such tax so com…

Sec. 12-380. Commissioner may compromise tax. In any case in which the computation of the tax has been extended or postponed, the commissioner may effect such settlement of the tax as may be for the best interests of the state, and payment of any sum agreed to by him with such ap…

Sec. 12-381. Enforcement against personal property. In case of any taxable transfer when no administration has been taken out, the Attorney General may sue any donee, beneficiary or transferee, other than a bona fide purchaser, in the superior court of any judicial district to en…

Sec. 12-382. Transfers prohibited prior to commissioner's written consent. Exception in case of certain payments to a beneficiary under retirement plans or contracts and transfers to a surviving spouse. Section 12-382 is repealed, effective July 1, 2001. (1949 Rev., S. 2057; 1955…

Sec. 12-383. Penalty for false return or affidavit. Any person who makes a false return or affidavit, in connection with any proceeding instituted in accordance with the provisions of this chapter, with intent to deceive, shall be imprisoned not more than one year. (1949 Rev., S.…

Sec. 12-384. Liability of representatives of estates and transferees. Administrators, executors and trustees of estates and transferees shall be personally liable for the tax imposed by this chapter and for any interest thereon, except that no administrator, executor or trustee s…

Sec. 12-385. Enforcement by sale of property. In the absence of a provision in the will charging the tax imposed by the provisions of this chapter to the residuary estate or to some particular fund, an executor, administrator or trustee receiving property, the transfer of which i…

Sec. 12-386. Legacy charged on real property. If a legacy subject to the tax imposed by this chapter is charged upon or payable out of real property, the heirs or devisees to whom the real property is transferred, before paying such legacy, shall deduct the tax thereon and pay it…

Sec. 12-387. Abatement. Section 12-387 is repealed, effective April 13, 1995. (1949, S. 1158d; P.A. 77-614, S. 145, 610; P.A. 95-4, S. 7, 8.)

Sec. 12-387a. Out-of-state action to collect succession tax; local tax. At the request of the Commissioner of Revenue Services, the Attorney General of this state may bring suit, in the name of this state or in the name of the Commissioner of Revenue Services, in the appropriate …

Sec. 12-387b. Reciprocity. The courts shall recognize and enforce liabilities for taxes similar to the taxes imposed by this state in this chapter and lawfully imposed by any other state, or political subdivision thereof, which extends a like comity to this state, and the duly au…

Sec. 12-387c. “Tax” to include interest and penalties. For the purposes of sections 12-387a and 12-387b, the words “tax” and “taxes” shall include interest and penalties due under any taxing statute, and liability for such interest or penalties, or both, due under a similar statu…

Sec. 12-388. Certain refunds to estates subject to additional succession tax. The transfer to the legatees, devisees or beneficiaries of the will of, or to the heirs of, any transferor, resident of this state at the time of death, of any refund received by the executor or adminis…

Sec. 12-389. Appointment of attorneys to represent the Commissioner of Revenue Services. (a) The commissioner shall appoint a First Assistant Commissioner of Revenue Services, who shall be an attorney at law, and shall be the attorney in charge of succession and transfer taxes an…

Sec. 12-390. Applicability of this chapter. Continuance in force of former statutes. The provisions of this chapter shall apply to all taxable transfers, except as specified below, if the death of the transferor occurred on or after January 15, 1959, provided (a) if the transfero…

Secs. 12-390a to 12-390e. Definitions. Generation-skipping transfer tax. Payment; penalties; interest; extension. Additional assessment; refund. Administrative provisions; hearings and appeals. Sections 12-390a to 12-390e, inclusive, are repealed, effective July 8, 2019. (P.A. 97…

Sec. 12-391. Transfer of resident and nonresident estates. Definitions. Rate of tax. Determination of domicile. Limit on tax payable. Reduction of tax for investment in private investment fund. (a) With respect to estates of decedents who die prior to January 1, 2005, and except …

Sec. 12-392. Payment of tax. Penalties for late filing. Extension of time. Interest on overpayment. Method of filing. Notice to court of probate. (a)(1) For the estates of decedents dying prior to July 1, 2009, the tax imposed by this chapter shall become due at the date of the t…

Sec. 12-393. Credit against tax on future interests. If, after the payment of the tax under the provisions of this chapter, there becomes payable a tax under the provisions of the succession tax law in force at the date of the decedent's death upon any future interest in any prop…

Sec. 12-394. Assessment; after-discovered assets; notice; appeal. Section 12-394 is repealed, effective July 1, 1997, and applicable to the estate of any person whose death occurs on or after July 1, 1997. (1949 Rev., S. 2068; 1971, P.A. 870, S. 23; P.A. 76-436, S. 316, 681; P.A.…

Sec. 12-395. Appeal of determination of domicile. (a)(1) The provisions of sections 12-548 and 12-550 to 12-554, inclusive, shall apply to the provisions of this chapter in the same manner and with the same force and effect as if the language of said sections 12-548 and 12-550 to…

Sec. 12-395a. Written agreements of compromise by the commissioner. If the Commissioner of Revenue Services determines that a decedent at the time of his death was a resident of this state and the taxing authorities of another jurisdiction have determined that such decedent at th…

Sec. 12-396. Purpose of chapter; construction. Section 12-396 is repealed, effective June 30, 2005. (1949 Rev., S. 2070; 1961, P.A. 163, S. 2; P.A. 77-614, S. 139, 610; P.A. 89-211, S. 25; P.A. 05-251, S. 113.)

Sec. 12-397. Reimbursement of others than legal representatives. If the tax or any part thereof is paid by, or collected out of that part of the estate passing to or in the possession of, any person other than the executor or administrator in his capacity as such, such person sha…

Sec. 12-398. Amended return. Additional assessment. Disclosure of return information by court of probate. Tax lien. Certificate of release of lien. (a) If the amount of federal estate tax reported on an estate's federal estate tax return is changed or corrected by the United Stat…

Sec. 12-399. When chapter void. Changes in federal credit. Section 12-399 is repealed, effective February 28, 2003. (1949 Rev., S. 2073; 1961, P.A. 163, S. 3; P.A. 96-180, S. 26, 166; P.A. 03-2, S. 57.)

Sec. 12-400. “Persons interested in the estate”, defined. For the purpose of this chapter, “persons interested in the estate” includes all persons who may be entitled to receive or who have received any property or interest which is required to be included in the gross estate of …

Sec. 12-401. Proration of estate taxes. Procedure. (a) When it appears from any administration account or in any appropriate proceeding in the Probate Court that an executor, administrator, temporary administrator, trustee or other person acting in a fiduciary capacity has paid a…

Sec. 12-402. Tax to be paid by executor or administrator. So far as is practicable, the tax shall be paid by the executor or administrator as such out of the estate before its distribution, unless the decedent's will, if any, otherwise directs. When any property required to be in…

Sec. 12-403. Distribution by fiduciary. No executor, administrator or other person acting in a fiduciary capacity shall be required to transfer, pay over or distribute any property or fund with respect to which a federal or state estate tax is imposed until the amount of such tax…

Sec. 12-404. Order directing payment of prorated amounts. The probate judge, upon making a determination as provided in section 12-401, shall make an order directing the executor, administrator or other fiduciary to charge the prorated amounts against the persons against whom the…

Sec. 12-405. Appeal. Any person aggrieved by any determination or order made by the probate judge pursuant to this chapter may appeal therefrom to the Superior Court in the same manner and with the same effect as from other orders or decrees of the Probate Court. (1949 Rev., S. 2…

Sec. 12-405a. Definitions. Whenever used in this chapter, unless the context otherwise requires: (a) “Taxpayer” means the fiduciary of any resident estate or nonresident estate subject to tax under this chapter. (b) “Resident estate” means the estate of a decedent who at the time…