Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3110 Compare Versions

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22 HOUSE DOCKET, NO. 3390 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3110
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Carlos González
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 combating offshore tax avoidance.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Carlos González10th Hampden1/17/2025Steven Owens29th Middlesex1/23/2025Sean Reid11th Essex1/23/2025Carmine Lawrence Gentile13th Middlesex1/23/2025Lindsay N. Sabadosa1st Hampshire1/23/2025Jason M. LewisFifth Middlesex1/23/2025Rodney M. Elliott16th Middlesex1/23/2025Natalie M. Higgins4th Worcester1/27/2025Bud L. Williams11th Hampden1/27/2025Danillo A. Sena37th Middlesex1/27/2025James B. EldridgeMiddlesex and Worcester1/27/2025James K. Hawkins2nd Bristol1/27/2025Samantha Montaño15th Suffolk1/27/2025Margaret R. Scarsdale1st Middlesex1/27/2025Christine P. Barber34th Middlesex1/28/2025Tara T. Hong18th Middlesex1/29/2025Erika Uyterhoeven27th Middlesex1/30/2025Kenneth I. Gordon21st Middlesex1/30/2025 2 of 2
1616 Alan Silvia7th Bristol1/30/2025Michael D. BradySecond Plymouth and Norfolk1/30/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/30/2025Mike Connolly26th Middlesex2/11/2025David Henry Argosky LeBoeuf17th Worcester2/11/2025Antonio F. D. Cabral13th Bristol2/11/2025James C. Arena-DeRosa8th Middlesex2/12/2025Christopher Hendricks11th Bristol2/14/2025Daniel Cahill10th Essex2/14/2025Marjorie C. Decker25th Middlesex2/14/2025Patricia A. Duffy5th Hampden2/18/2025John Francis Moran9th Suffolk2/20/2025Brian W. Murray10th Worcester2/21/2025Natalie M. Blais1st Franklin2/24/2025Colleen M. Garry36th Middlesex2/26/2025Frank A. Moran17th Essex2/26/2025Kevin G. Honan17th Suffolk2/26/2025Tricia Farley-Bouvier2nd Berkshire2/27/2025Adam J. Scanlon14th Bristol2/27/2025Paul McMurtry11th Norfolk3/3/2025Jennifer Balinsky Armini8th Essex3/3/2025Steven Ultrino33rd Middlesex3/4/2025Mary S. Keefe15th Worcester3/7/2025Thomas W. MoakleyBarnstable, Dukes and Nantucket3/7/2025Christopher J. Worrell5th Suffolk3/7/2025Adrianne Pusateri Ramos14th Essex3/7/2025Jack Patrick Lewis7th Middlesex3/7/2025Tommy Vitolo15th Norfolk3/10/2025Mindy Domb3rd Hampshire3/10/2025Manny Cruz7th Essex3/11/2025Patrick Joseph Kearney4th Plymouth3/11/2025William F. MacGregor10th Suffolk3/12/2025 1 of 3
1717 HOUSE DOCKET, NO. 3390 FILED ON: 1/17/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 3110
1919 By Representative González of Springfield, a petition (accompanied by bill, House, No. 3110) of
2020 Carlos González and others relative to offshore taxes. Revenue.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act combating offshore tax avoidance.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Subsection (e) of section 1 of chapter 62 of the General Laws, as appearing
3030 2in the 2022 Official Edition, is hereby amended by striking the second sentence and replacing it
3131 3with the following sentence:-
3232 4 Amounts included in federal gross income pursuant to section 951 of the Code shall be
3333 5treated as dividends under this chapter; provided that amounts included in federal gross income
3434 6pursuant to section 951A of the Code shall not be treated as dividends.
3535 7 SECTION 2. Subsection (a) of Part B. of section 3 of said chapter 62 of the General
3636 8Laws is hereby amended by inserting at the end thereof the following:-
3737 9 (20) An amount equal to fifty percent of amounts included in federal gross income
3838 10pursuant to section 951A of the Code. 2 of 3
3939 11 SECTION 3. The definition of “Net income” in section 1 of chapter 63 of the General
4040 12Laws, as most recently amended by chapter 273 of the Acts of 2018, is hereby amended by
4141 13striking the sixth sentence and replacing it with the following sentence:-
4242 14 For purposes of this definition, amounts included in federal gross income pursuant to
4343 15section 951 of the Code shall be treated as dividends; provided that amounts included in federal
4444 16gross income pursuant to section 951A of the Code shall not be treated as dividends.
4545 17 SECTION 4. Said definition of “Net income” in said section 1 of said chapter 63 of the
4646 18General Laws, as so amended, is hereby further amended by striking subsection (g) and replacing
4747 19it with the following subsection:-
4848 20 (g) the deductions allowed by sections 245A, 250 and 965(c) of the Code; provided,
4949 21however, that a deduction shall be allowed for an amount equal to fifty percent of amounts
5050 22included in federal gross income pursuant to section 951A of the Code.
5151 23 SECTION 5. Section 2A of said chapter 63 of the General Laws, as so amended, is
5252 24hereby amended by striking subsection (h) and replacing it with the following subsection:-
5353 25 (h) For purposes of this section, dividends that are deemed to be received from an entity,
5454 26including amounts included in federal gross income pursuant to section 951 of the Code, shall
5555 27not be considered receipts, and amounts included in federal gross income pursuant to section
5656 28951A of the Code also shall not be considered receipts.
5757 29 SECTION 6. Paragraph 4 of section 30 of said chapter 63, as so amended, is hereby
5858 30amended by striking the fourth sentence and replacing it with the following sentence:- 3 of 3
5959 31 For purposes of this section and subsection (a) of section 38, amounts included in federal
6060 32gross income pursuant to section 951 of the Code shall be treated as dividends; provided that
6161 33amounts included in federal gross income pursuant to section 951A of the Code shall not be
6262 34treated as dividends.
6363 35 SECTION 7. Said paragraph 4 of said section 30 of said chapter 63, as so amended, is
6464 36hereby further amended by striking clause (viii) and replacing it with the following clause:-
6565 37 (viii) the deductions allowed by sections 245A, 250 and 965(c) of the Code; provided,
6666 38however, that a deduction shall be allowed for an amount equal to fifty percent of amounts
6767 39included in federal gross income pursuant to section 951A of the Code.
6868 40 SECTION 8. Subsection (f) of section 38 of said chapter 63, as so amended, is hereby
6969 41amended by inserting, in line 136, after the word “dividends”, the following:- , amounts included
7070 42in federal gross income pursuant to section 951A of the Code,
7171 43 SECTION 9. The provisions of this Act shall apply to all tax years beginning on or after
7272 44January 1, 2025.