Connecticut Administrative Code › Title 12 - Taxation › 740(a) - INCOME TAX › Part XIV - Miscellaneous › Section 12-727(b)-1 - Timely-amended federal income tax returns

Current through July 10, 2024
(a)
General
. If the amount of a taxpayer's federal income is changed
				or corrected by the Internal Revenue Service or other competent authority, or
				as the result of a renegotiation of a contract or subcontract with the United
				States, or the amount an employer is required to deduct and withhold from wages
				for federal income tax withholding purposes is changed or corrected by such
				service or authority, or if a taxpayer's claim for credit or refund of federal
				income tax is disallowed in whole or in part, the taxpayer or employer shall
				report such change or correction in federal income or federal income tax
				withholding or such disallowance of the claim for credit or refund of federal
				income tax to the Department by filing, on or before the date that is 90 days
				after the final determination of such change, correction, renegotiation or
				disallowance, an amended return, as described in subsection (b) of this
				section, and shall concede the accuracy thereof or state wherein it is
				erroneous, but only if the federal change or correction, results of
				renegotiation or disallowance increases or decreases a taxpayer or employer's
				Connecticut income tax liability. Such report may be required at any other time
				if the Commissioner deems it necessary. For purposes of this section, the term
				"federal income" means federal adjusted gross income or federal alternative
				minimum taxable income of an individual, and federal taxable income of a trust
				or estate prior to deductions relating to distributions to beneficiaries or
				federal alternative minimum taxable income of a trust or estate and "taxpayer's
				Connecticut income tax liability" means the liability for Connecticut income
				tax, as defined in § 12-701(b)-1(a)(10) of this part.
(b)
Form of report
.
(1) With respect to a change or correction in
				a taxpayer's federal income or federal alternative minimum taxable income or
				the disallowance in whole or in part of a claim for credit or refund of federal
				income tax, the taxpayer shall make the report that is referred to in
				subsection (a) of this section on a Form CT-1040X, or Form CT-1041, CT-1065,
				CT-G, or CT-1120SI, as the case may be, with the appropriate box checked to
				indicate that an amended return is being filed. This form shall be accompanied
				by a copy of the final federal determination or renegotiation agreement as well
				as any of the pertinent data in all cases in which a Connecticut income tax
				refund, based on such final determination or renegotiation, is claimed. Where
				additional Connecticut income tax is due, the form shall be accompanied by full
				payment of any additional Connecticut income tax shown to be due thereon and
				shall be forwarded separately from, and not as part of, any other report or
				Connecticut income tax return, and the taxpayer may, in lieu of a copy of the
				final determination or renegotiation agreement, give full details of the
				changes on the prescribed form.
(2)
				With respect to a change or correction in the amount that an employer is
				required to deduct and withhold from wages for federal income tax withholding
				purposes, the employer shall make the report that is referred to in subsection
				(a) of this section on Form CT-941X. In lieu of the Form CT-941X, the employer
				may submit either a copy of the final federal determination or renegotiation
				agreement or a detailed explanation of the final federal determination or
				renegotiation agreement, together with a statement showing the inclusive dates
				of the period involved, the amount of Connecticut income tax that was
				originally withheld and reported and the amount of Connecticut income tax that
				should have been withheld and reported. Any Connecticut income tax which an
				employer is required to deduct and withhold as a result of a federal change or
				correction shall accompany the report.
(3) A husband and wife who file a joint
				federal income tax return but who are required to file separate Connecticut
				income tax returns shall file separate forms to report federal adjustments
				affecting their Connecticut income tax returns. Each report shall show the
				changes made on the federal income tax return attributable to the reporting
				spouse. These separate reports shall be filed together. If the federal changes
				are attributable solely to one spouse, that spouse shall file a Form CT-1040X
				to report the federal changes. However, such form shall include the name and
				social security number of the nonreporting spouse and contain a statement that
				the federal changes do not affect the separate Connecticut income tax return of
				the nonreporting spouse.