Form Au-764 - Deposit By A Person Doing Business With A Nonresident Contractor Page 3

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Enter the Federal Employer Identification Number (FEIN) of
General Instructions
the person doing business with the nonresident contractor. If
A person doing business with a nonresident contractor working
the person doing business with the nonresident contractor does
in Connecticut must submit Form AU-764, Deposit by a Person
not have an FEIN, enter that person’s Social Security Number.
Doing Business With a Nonresident Contractor, with a deposit
of 5% of any payment of the total contract price, including
Project Information
change orders and add-ons, by the last day of the month
Enter the complete address, including the street address and
following the calendar quarter that follows the calendar quarter
the city or town where the project is physically located, and
in which the first payment to the nonresident contractor was
the name of the project. If you use Form AU-764a to report
made and every calendar quarter thereafter. This applies to all
payments to more than three nonresident contractors working
contracts with nonresident contractors, regardless of the nature
on a specific project during the period, identify the project by
of the real property affected or the tax-exempt status of the
location and enter the same project number as was entered on
property owner. For more information, see Special Notice
Form AU-764.
2005(12), Nonresident Contractors Bonds and Deposits.
Enter the name and complete address of the nonresident
The person doing business with a nonresident contractor is
contractor(s) on whose behalf the deposit is being made.
not required to withhold 5% of any payment made to the
Include the nonresident contractor’s Connecticut tax registration
contractor if the contractor provides a Certificate of Compliance
number and FEIN.
issued by the Department of Revenue Services (DRS) stating
that the contractor has filed
a guarantee bond or a cash bond
Nonresident Contractor Information
for 5% of the total contract price.
Enter the commencement date of this project for the nonresident
contractor. The commencement date is the date the contract
Use Form AU-764 each quarterly period to report payments
is signed or the date the nonresident contractor begins work
made to nonresident contractors for:
on the project, but it is never later than the date the nonresident
One project with one or more nonresident contractor(s); or
contractor begins work.
More than one project with one or more nonresident
Enter the date on which each nonresident contractor’s work on
contractor(s) on each project.
this project is expected to be completed, which is the date the
If you need additional space, attach as many Forms AU-764a,
final periodic billing for the contract will be made by the
Form AU-764 Continuation Schedule, as necessary.
nonresident contractor. Note the final periodic billing may be
due before payment of any retainage becomes due. The person
A nonresident contractor is a contractor who does not maintain
making the deposit must attach a copy of the final periodic
a regular place of business in this state.
A regular place of
billing to Form AU-764.
business means any bona fide office, factory, warehouse, or
other space in Connecticut at which a contractor is doing
If this is a deposit for a change order occurring after the deposit
business in its own name in a regular and systematic manner,
for the initial contract has been remitted to DRS, enter the
and which place is continuously maintained, occupied, and
additional amount being deposited for the change order and
used by the contractor in carrying on its business through its
check the box. For a change order made after the final periodic
employees regularly in attendance to carry on the contractor’s
billing for the original contract, the change order is deemed
business in the contractor’s own name. A regular place of
complete when it is billed by the nonresident contractor. Attach
business does not include a place of business for a statutory
a copy of the final billing for the change order.
agent for service of process or a temporary office whether or
Enter, in words and figures, the total amount paid to the
not it is located at the site of construction. A regular place of
nonresident contractor under the contract or for the change
business also does not include locations used by the contractor
order. Check the box if the deposit is for a change order.
only for the duration of the contract, such as short-term leased
offices, warehouses, storage facilities, or facilities that do not
Enter the total of all payments made to the nonresident
have full time staff with regular business hours. An office
contractor during the calendar quarter.
maintained, occupied and used by a person affiliated with a
Multiply the total payments to the nonresident contractor during
contractor is not a regular place of business of the contractor.
the calendar quarter by 5% (.05) and enter the result on this
Specific Instructions
line.
Enter the period ending date for the calendar quarter in which
If you are reporting payments to a nonresident contractor for
the payment to a nonresident contractor was made. Enter the
more than one project, separately list the payments to that
due date of the deposit. The deposit is due the last day of the
nonresident contractor for each project.
month following the calendar quarter that follows the calendar
Declaration: An authorized representative of the person doing
quarter in which the payment to the nonresident contractor was
business with a nonresident contractor must sign and date the
made.
declaration. Return Form AU-764, with the copy of the final
Person Doing Business With a Nonresident Contractor
periodic billing, to:
Enter the name and complete address of the person doing
Department of Revenue Services
business with the nonresident contractor. If the nonresident
Discovery Unit
contractor is the general contractor, enter the name and address
25 Sigourney Street
of the owner of the property. If the nonresident contractor is a
Hartford CT 06106
subcontractor, enter the name and address of the general
contractor.
Form AU-764 Page 3 (Rev. 03/06)

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