Form Au-72 - Cash Bond - Department Of Revenue Services Of State Of Connecticut Page 2

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General Instructions
Completion of the contract means the time when the nonresident
contractor makes the final periodic billing for the contract. The final
A nonresident contractor must execute Form AU-72, Cash Bond, to
periodic billing may be due before payment of any retainage
post a cash bond with the Department of Revenue Services (DRS)
becomes due. If a change order is made after the final periodic
for a specific project in Connecticut.
billing for the original contract, the change order is complete when
the nonresident contractor bills for the change order.
A nonresident contractor has the option of filing a cash bond or a
guarantee bond instead of the customer making a deposit with
Residential real property means real property used exclusively
DRS under Conn. Gen. Stat. §12-430(7)(B). Under this option, the
for residential purposes and consisting of three or fewer dwelling
nonresident contractor has 120 days from the commencement of
units in one of which the owner or tenant resides.
the contract or 30 days after the completion of the contract,
whichever is earlier, to file a cash bond or guarantee bond (Form
Specific Instructions
AU-766) with DRS.
Part I: Enter the name and complete address of the nonresident
Return Form AU-72 to: Department of Revenue Services
contractor furnishing the bond. Include the nonresident
Discovery Unit
contractor’s Connecticut tax registration number. The
25 Sigourney Street
name and address of the nonresident contractor
Hartford CT 06106-5032
appearing on the bond must agree with the name and
address on Form REG-1, Business Taxes Registration
See Special Notice 2005(12), Nonresident Contractor Bonds and
Application, filed with DRS. (If the information originally
Deposits, for more information.
provided on Form REG-1 is now incorrect, you must notify
the DRS Registration Unit in writing of the correct
Nonresident contractor means a contractor who does not
information.) If the nonresident contractor is a corporation,
maintain a regular place of business in Connecticut.
the corporate name appearing on the bond must be the
Regular place of business means:
same shown in the records of the Office of the Secretary of
• Any bona fide office, factory, warehouse, or other space in
State, or similar agency of another state if the nonresident
contractor is not a Connecticut corporation.
Connecticut at which a contractor is doing business in its own
name in a regular and systematic manner; and
Part II: Enter the name and complete address of the person doing
• Which place is continuously maintained, occupied, and used
business with the nonresident contractor.
If the
by the contractor in carrying on its business through its
nonresident contractor is the general contractor, enter the
employees regularly in attendance to carry on the contractor’s
name and address of the owner or tenant of the property
business in the contractor’s own name.
who has entered the contract. If the nonresident contractor
is a subcontractor, enter the name and address of the
A regular place of business does not include:
general contractor.
• A place of business for a statutory agent for service of process
or a temporary office whether or not it is located at the site of
Enter the Connecticut tax registration number of the person
doing business with the nonresident contractor. If the
construction;
• Locations used by the contractor only for the duration of the
person doing business with the nonresident contractor
does not have a Connecticut tax registration number, enter
contract, such as short-term leased offices, warehouses,
that person’s Federal Employer Identification Number or
storage facilities, or facilities that do not have full time staff with
Social Security Number.
regular business hours; or
• An office maintained, occupied, and used by a person affiliated
Part III: Check the box if the bond is for a change order occurring
with a contractor.
after the bond for the initial contract was furnished to DRS.
Contract price means the total contract price, including deposits,
Enter the name of the project and the complete address
amounts held as retainage, costs for any change orders, or
including the street address and the city or town where
charges for add-ons.
the project is physically located.
Person doing business with a nonresident contractor means
Enter the commencement date of this project or change
any person who makes payments of the contract price to a
order.
nonresident contractor, and includes, but is not limited to property
Enter the date by which the nonresident contractor is
owners, governmental, charitable or religious entities, and resident
expected to complete work on this project or change order.
or nonresident general contractors or subcontractors. An owner
or tenant of residential real property is not a person doing business
Enter, in words and figures, the total amount to be paid to
with a nonresident contractor and is not required to comply with
the nonresident contractor under the contract. Indicate if
the provisions of Conn. Gen. Stat. §12-430(7). However, the
this amount is an estimate.
nonresident contractor doing business with such an owner or
tenant must comply with the bond requirements under Conn. Gen.
Declaration: An authorized representative for the nonresident
Stat. §12-430(7)(F).
contractor must sign and date the declaration on Form AU-72.
Commencement of the contract means the time when the
nonresident contractor signs the contract, but, in any event, occurs
no later than when the work under the contract actually starts. If a
change order is made after the commencement of the original
contract, the change order commences when it is signed by the
nonresident contractor, but, in any event, occurs no later than when
the work under the change order actually starts.
Form AU-72(Back) (Rev. 10/05)

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