Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1826 Compare Versions

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22 SENATE DOCKET, NO. 2356 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 1826
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Barry R. Finegold
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to economic development initiatives.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 3
1616 SENATE DOCKET, NO. 2356 FILED ON: 1/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 1826
1818 By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1826) of Barry R. Finegold for
1919 legislation relative to economic development initiatives. Revenue.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act relative to economic development initiatives.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Paragraph (1) of subsection (a) of section 4 of chapter 62 of the General
2929 2Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 5, after
3030 3the word “cent”, the following words:-
3131 4 ; provided, however, that any gain from the sale or exchange of capital assets held for 1
3232 5year or less shall be taxed at the rate of 5 per cent.
3333 6 SECTION 2. Section 38M of chapter 63 of the General Laws, as so appearing, is hereby
3434 7amended by striking out subsection (e) and inserting in place thereof the following:-
3535 8 (e)(1) If a corporation is not an eligible semiconductor company, the credit allowed under
3636 9this section shall be limited to 100 per cent of a corporation's first $25,000 of excise, as
3737 10determined before the allowance of any credits, plus 75 per cent of the corporation's excise, as so
3838 11determined in excess of $25,000. 2 of 3
3939 12 (2) If a corporation is an eligible semiconductor company, the credit allowed under this
4040 13section shall be limited to 100 per cent of a corporation's first $25,000 of excise, as determined
4141 14before the allowance of any credits, plus 95 per cent of the corporation's excise, as so determined
4242 15in excess of $25,000.
4343 16 (3) The commissioner shall promulgate regulations similar to those authorized under
4444 17subsection (c)(2)(B) of section 38 of said Code for the purposes of apportioning the $25,000
4545 18amount among members of a controlled group. Nothing in this section shall alter section 32C as
4646 19it affects other credits under this chapter.
4747 20 SECTION 3. Said section 38M of said chapter 63, as so appearing, is hereby further
4848 21amended in paragraph (1) of subsection (k) by inserting before the definition of “life sciences”
4949 22the following definition:-
5050 23 “Eligible semiconductor company”, a corporation: (i) the primary business activity of
5151 24which involves conducting research on, developing or manufacturing semiconductor devices,
5252 25microprocessors, memory chips or other similar products or the production equipment that is
5353 26used to manufacture such devices, microprocessors, chips or products; and (ii) that establishes a
5454 27new physical facility in the commonwealth or expands an existing physical facility in the
5555 28commonwealth not later than 3 years after the effective date of this section; provided, however,
5656 29that such establishment or expansion creates 15 net new jobs in the commonwealth and the
5757 30company commits to retaining such jobs through December 31, 2029 at the earliest; and
5858 31provided further, that the physical facility is primarily related to researching, developing or
5959 32manufacturing semiconductor devices, microprocessors, memory chips or other similar products 3 of 3
6060 33or the production equipment that is used to manufacture such devices, microprocessors, chips or
6161 34products.
6262 35 SECTION 4. Not later than eight months after the effective date of this act, the
6363 36commissioner of revenue shall issue new regulations to carry out the purposes of section 38M of
6464 37the General Laws.