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The following information is intended to assist taxpayers in understanding their rights and responsibilities regarding tax appeals made to the Connecticut Tax and Administrative Appeals Session. It is intended to provide public information only, and is not intended to provide anyone with legal advice.
- When is the deadline for filing a tax appeal?
- How do I file a tax appeal?
- What is the procedure for scheduling cases for pre-trial?
- What is the procedure for scheduling cases for trial?
- When are cases scheduled for trial?
- Who selects the trial dates?
- What can I do if I cannot attend the trial on the date scheduled?
1. When is the deadline for filing a tax appeal?
The time allowed for filing a tax appeal depends upon
the type of tax that is being contested. A properly-served appeal from an
order, decision, determination or disallowance of the Commissioner of
Revenue Services must be filed with the superior court for the Judicial
District of New Britain within one month after notice of such order,
decision, determination or disallowance is mailed to or served upon the
taxpayer. Notice from the Commissioner of Revenue Services may be in the
form of a letter or other type of service. It is important for the taxpayer
to determine when the notice from the Commissioner was mailed for this may
be the starting date of the appeal period.
Real estate property tax appeals under General Statutes §
12-117a (where the taxpayer is contesting only the valuation of the
property) must be filed within two months from the date that notice is
mailed of the action taken by the board of tax review or the board of
assessment appeals. Appeals brought under General Statutes § 12-117a must be
filed with the superior court for the judicial district where the
municipality is located. Property tax appeals may be transferred to the Tax
and Administrative Appeals Session at the request of the presiding judge or
administrative judge of the judicial district where the appeal is filed.
Real estate property tax appeals under General Statutes § 12-119 (where
the taxpayer is claiming the property was illegally assessed) must be filed
within one year from the date that the property was last evaluated for tax
purposes. Appeals brought under General Statutes § 12-119 must be filed with
the superior court for the judicial district where the municipality is
located. Property tax appeals may be transferred to the Tax and
Administrative Appeals Session at the request of the presiding judge or
administrative judge of the judicial district where the appeal is filed.
Appeals of personal property tax assessments may be taken pursuant to
General Statutes § 12-117a or General Statutes § 12-119.
Appeals from an assessor’s valuation of a motor vehicle may be taken pursuant to §
12-117a or § 12-119.
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2. How do I file a tax appeal?
With a few exceptions, all civil case types, including
tax appeals, are now e-filable. Beginning December 5, 2009, e-filing of all
civil case types, including tax appeals, will be mandatory for attorneys and
firms without an exclusion from electronic services requirements, with
certain exceptions.
More information on E-Services or e-filing.
In order to institute an appeal with the Tax and Administrative Appeals Session, the following must
be filed:
- $360.00 filing fee as of Friday, July 1, 2016.
- Complaint/Appeal. The complaint or appeal must be signed, certified and
returnable to the New Britain Judicial District.* The return date must be a
Tuesday at least fifteen (15) days after filing.
- Citation (Summons).
- Statement of the amount in demand.
- Marshal’s return of service. The marshal’s return must state that a true and attested copy of the original
complaint/appeal, citation, recognizance and statement of amount in demand
was served upon an agent for the defendant municipality or Commissioner of Revenue Services.
Examples of the above documents can be found at
Guide to Property Tax Appeals - PDF.
The taxpayer may file his or
her own tax appeal without the representation of an attorney. However, since
an attorney is schooled in the practice of law and rules of procedure, a
taxpayer should consider the importance of retaining an attorney to bring
the tax appeal. If a taxpayer desires to represent himself or herself,
guidelines in state Law Libraries
are available as an aid.
*As stated above, municipal property tax appeals must be filed with the superior court for the judicial district
where the municipality is located.
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3. What is the procedure for scheduling cases for pre-trial?
The Tax and Administrative Appeals
Session will schedule a pre-trial as soon as an appearance has been filed on
behalf of the defendant. You do not need to request that a pre-trial be
scheduled. A judicial notice will be sent to the parties informing them of
the date and time of the pre-trial, as well as the standing orders. If the
date is inconvenient, or if there will be difficulty complying with the
standing orders, you should contact the Tax and Administrative Appeals
Session immediately.
4. What is the procedure for scheduling cases for trial?
If a settlement is not reached at the
pre-trial conference, the parties will be required to select a trial date at
that time. However, the judge or special master conducting the pre-trial may
require the parties to return for an additional pre-trial if he or she
believes it will be productive.
5. When are cases scheduled for trial?
The Tax and Administrative Appeals Session generally has
open dates available for trial 4-5 months in the future.
6. Who selects the trial dates?
The parties will confer with a member of the Tax and
Administrative Appeals Session staff in an attempt to select a date amenable
both to them and the court.
7. What can I do if I cannot attend the trial on the date scheduled?
The trial date assigned is a
date certain. If you cannot attend trial on the date scheduled, you must
file a motion for continuance with the Tax and Administrative Appeals
Session stating the reason that you are unable to attend. If possible, you
should attempt to obtain consent from the opposing party and select an
alternate date on which the parties can attend. Please note, however, that
obtaining consent does not guarantee that your motion for continuance will
be granted.
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