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2 | 2 | | SENATE DOCKET, NO. 2356 FILED ON: 1/20/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1826 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Barry R. Finegold |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to economic development initiatives. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 2356 FILED ON: 1/20/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1826 |
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18 | 18 | | By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1826) of Barry R. Finegold for |
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19 | 19 | | legislation relative to economic development initiatives. Revenue. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Third General Court |
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23 | 23 | | (2023-2024) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to economic development initiatives. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Paragraph (1) of subsection (a) of section 4 of chapter 62 of the General |
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29 | 29 | | 2Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 5, after |
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30 | 30 | | 3the word “cent”, the following words:- |
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31 | 31 | | 4 ; provided, however, that any gain from the sale or exchange of capital assets held for 1 |
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32 | 32 | | 5year or less shall be taxed at the rate of 5 per cent. |
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33 | 33 | | 6 SECTION 2. Section 38M of chapter 63 of the General Laws, as so appearing, is hereby |
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34 | 34 | | 7amended by striking out subsection (e) and inserting in place thereof the following:- |
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35 | 35 | | 8 (e)(1) If a corporation is not an eligible semiconductor company, the credit allowed under |
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36 | 36 | | 9this section shall be limited to 100 per cent of a corporation's first $25,000 of excise, as |
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37 | 37 | | 10determined before the allowance of any credits, plus 75 per cent of the corporation's excise, as so |
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38 | 38 | | 11determined in excess of $25,000. 2 of 3 |
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39 | 39 | | 12 (2) If a corporation is an eligible semiconductor company, the credit allowed under this |
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40 | 40 | | 13section shall be limited to 100 per cent of a corporation's first $25,000 of excise, as determined |
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41 | 41 | | 14before the allowance of any credits, plus 95 per cent of the corporation's excise, as so determined |
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42 | 42 | | 15in excess of $25,000. |
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43 | 43 | | 16 (3) The commissioner shall promulgate regulations similar to those authorized under |
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44 | 44 | | 17subsection (c)(2)(B) of section 38 of said Code for the purposes of apportioning the $25,000 |
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45 | 45 | | 18amount among members of a controlled group. Nothing in this section shall alter section 32C as |
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46 | 46 | | 19it affects other credits under this chapter. |
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47 | 47 | | 20 SECTION 3. Said section 38M of said chapter 63, as so appearing, is hereby further |
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48 | 48 | | 21amended in paragraph (1) of subsection (k) by inserting before the definition of “life sciences” |
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49 | 49 | | 22the following definition:- |
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50 | 50 | | 23 “Eligible semiconductor company”, a corporation: (i) the primary business activity of |
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51 | 51 | | 24which involves conducting research on, developing or manufacturing semiconductor devices, |
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52 | 52 | | 25microprocessors, memory chips or other similar products or the production equipment that is |
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53 | 53 | | 26used to manufacture such devices, microprocessors, chips or products; and (ii) that establishes a |
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54 | 54 | | 27new physical facility in the commonwealth or expands an existing physical facility in the |
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55 | 55 | | 28commonwealth not later than 3 years after the effective date of this section; provided, however, |
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56 | 56 | | 29that such establishment or expansion creates 15 net new jobs in the commonwealth and the |
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57 | 57 | | 30company commits to retaining such jobs through December 31, 2029 at the earliest; and |
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58 | 58 | | 31provided further, that the physical facility is primarily related to researching, developing or |
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59 | 59 | | 32manufacturing semiconductor devices, microprocessors, memory chips or other similar products 3 of 3 |
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60 | 60 | | 33or the production equipment that is used to manufacture such devices, microprocessors, chips or |
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61 | 61 | | 34products. |
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62 | 62 | | 35 SECTION 4. Not later than eight months after the effective date of this act, the |
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63 | 63 | | 36commissioner of revenue shall issue new regulations to carry out the purposes of section 38M of |
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64 | 64 | | 37the General Laws. |
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