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2 | 2 | | HOUSE DOCKET, NO. 1448 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3155 |
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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 | | Hannah Kane |
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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 allowing for the deduction of business interest. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Hannah Kane11th Worcester1/15/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 1448 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3155 |
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18 | 18 | | By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 3155) of |
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19 | 19 | | Hannah Kane relative to the income tax deduction of business interest. Revenue. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 2853 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act allowing for the deduction of business interest. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 1 of chapter 62 of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof |
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32 | 32 | | 3the following subsection: - |
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33 | 33 | | 4 (c) “Code”, the Internal Revenue Code of the United States, as amended on January 1, |
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34 | 34 | | 52022 and in effect for the taxable year; but Code shall mean the Code as amended and in effect |
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35 | 35 | | 6for the taxable year for sections 62(a)(1), 72, 105, 106, 108(f)(5), 139C, 223, 274(m), 274(n), |
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36 | 36 | | 7401 through 420, inclusive, 457, 529, 529A, 530, 951, 951A, 959, 961, 3401 and 3405 but |
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37 | 37 | | 8excluding sections 402A and 408(q), and provided further that for purposes of determining the |
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38 | 38 | | 9amount of business interest deductible under this chapter, the provisions of section 163(j) of the |
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39 | 39 | | 10Code shall not apply. 2 of 3 |
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40 | 40 | | 11 SECTION 2. Section 1 of chapter 63 of the General Laws, as appearing in the 2022 |
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41 | 41 | | 12Official Edition, is hereby amended by striking out the definition of “Code” therein and inserting |
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42 | 42 | | 13in place thereof the following definition: - |
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43 | 43 | | 14 “Code”, the Internal Revenue Code of the United States, as amended and in effect for the |
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44 | 44 | | 15taxable year, unless otherwise provided; for section 163(j), Code shall mean the Code as |
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45 | 45 | | 16amended and in effect for tax years beginning before January 1, 2018. |
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46 | 46 | | 17 SECTION 3. Section 30 of said chapter 63, as so appearing, is hereby amended by |
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47 | 47 | | 18striking out the first sentence of paragraph 4 and inserting in place thereof the following |
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48 | 48 | | 19sentence: - |
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49 | 49 | | 20 “Net income”, gross income less the deductions, but not credits, allowable under the |
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50 | 50 | | 21provisions of the Federal Internal Revenue Code, as amended and in effect for the taxable year; |
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51 | 51 | | 22provided, however, that for section 163(j), Code shall mean the Code as amended and in effect |
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52 | 52 | | 23for tax years beginning before January 1, 2018, and provided further that any deduction |
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53 | 53 | | 24otherwise allowable which is allocable, in whole or in part, to one or more classes of income not |
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54 | 54 | | 25included in a corporation’s taxable net income, as determined under subsection (a) of section 38, |
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55 | 55 | | 26shall not be allowed. |
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56 | 56 | | 27 SECTION 4. Section 30 of said chapter 63, as so appearing, is hereby amended by, |
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57 | 57 | | 28striking the following words, “; and (viii) the deductions allowed by sections 245A, 250 and |
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58 | 58 | | 29965(c) of the Code.”, and inserting in place thereof the following: - |
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59 | 59 | | 30 (viii) the deductions allowed by sections 245A, 250 and 965(c) of the Code; and 3 of 3 |
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60 | 60 | | 31 (ix) For tax years commencing on or after January 1, 2025, no deduction shall be allowed |
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61 | 61 | | 32resulting from a carryforward of disallowed business interest expense under section 163(j) of the |
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62 | 62 | | 33Code. The amount of any carryforward of disallowed business interest expense under section |
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63 | 63 | | 34163(j) of the Code as of the tax year ending before January 1, 2025, shall be allowed as a |
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64 | 64 | | 35deduction in 3 equal parts over 3 consecutive years, beginning with the first tax year |
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65 | 65 | | 36commencing on or after January 1, 2025. |
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66 | 66 | | 37 SECTION 5. This act shall take effect for taxable years beginning on or after January 1, |
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67 | 67 | | 382025. |
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