Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1796

Introduced
2/16/23  

Caption

Closing the single sales factor tax loophole

Impact

If enacted, S1796 would affect corporations operating in Massachusetts by requiring them to account for their taxable net income more comprehensively. The revisions to Section 38 of Chapter 63 will fundamentally shift the apportionment calculation by incorporating a formula that weighs property, payroll, and sales factors more evenly. This change aims to increase the tax contributions of businesses that largely rely on sales volumes in Massachusetts without providing equivalent local economic benefits, thereby closing a gap that may have previously incentivized corporate relocations to take advantage of lower tax obligations.

Summary

Senate Bill S1796 aims to amend the Massachusetts General Laws by closing the single sales factor tax loophole, which currently allows corporations to reduce their tax liability through apportionment methods that favor sales. This loophole has been a point of contention among legislators, as it is seen as providing an unfair tax advantage to certain corporations, particularly in retail and service industries, that do not have substantial physical presence in the state but generate significant sales to Massachusetts residents. The bill seeks to reform the corporate tax code and ensure that it is more equitable and reflective of the actual business activities conducted within the state.

Conclusion

Overall, SB S1796 reflects a growing movement within state legislatures to re-evaluate corporate taxation strategies and address loopholes perceived as inequitable. As Massachusetts continues to navigate its fiscal policies in the context of economic recovery and growth, the implications of this bill and its potential passage will be closely monitored by stakeholders across sectors.

Contention

The legislative journey of S1796 may face opposing viewpoints, with proponents arguing it promotes fairness in taxation and protects local businesses from being undercut by out-of-state competitors exploiting the loophole. Critics may argue this could discourage business investment in Massachusetts, as corporations seek favorable tax environments. Therefore, the discussions around this bill will likely focus on balancing the revenue needs of the state with the desire to maintain an attractive business climate.

Companion Bills

MA H4478

Similar To Relative to a model carrier reporting requirement

MA H4524

Similar To Relative to annual lists and manufacturing corporations

MA H4697

Similar To Relative to a model carrier reporting requirement

MA H4721

Replaced by Study Order

Similar Bills

No similar bills found.