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2 | 2 | | HOUSE DOCKET, NO. 1360 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3232 |
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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 | | Lindsay N. Sabadosa |
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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 supporting local journalism. |
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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:Lindsay N. Sabadosa1st Hampshire1/14/2025 1 of 5 |
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16 | 16 | | HOUSE DOCKET, NO. 1360 FILED ON: 1/14/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3232 |
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18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 3232) |
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19 | 19 | | of Lindsay N. Sabadosa relative to providing tax credits for subscriptions to one or more local |
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20 | 20 | | newspapers. Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2940 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to supporting local journalism. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 62 of the General Laws is hereby amended by inserting into |
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32 | 32 | | 2Section 6, the following subsection: (aa) Local Newspaper Subscription Credit. |
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33 | 33 | | 3 Section 6.(aa) As used in this section, the following words shall have the following |
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34 | 34 | | 4meanings: |
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35 | 35 | | 5 i. “Annual Dollar Limitation,” the credit allowed to any taxpayer for any taxable year |
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36 | 36 | | 6shall not exceed $250. |
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37 | 37 | | 7 ii. “Applicable Percentage,” in the case of the first taxable year to which this section |
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38 | 38 | | 8applies, 80 percent, and, in the case of any subsequent taxable year, 50 percent. |
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39 | 39 | | 9 iii. “Local Newspaper,” any print or digital publication if 2 of 5 |
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40 | 40 | | 10 (a) the primary content of such publication is original content derived from primary |
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41 | 41 | | 11sources and relating to news and current events, |
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42 | 42 | | 12 (b) such publication primarily serves the needs of a regional or local community in the |
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43 | 43 | | 13Commonwealth, |
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44 | 44 | | 14 (c) the publisher of such publication employs at least one local news journalist who |
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45 | 45 | | 15resides in such regional or local community, and |
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46 | 46 | | 16 (d) the publisher of such publication employs not greater than 500 employees. |
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47 | 47 | | 17 bb. There shall be allowed as a credit against the tax imposed by this chapter for the |
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48 | 48 | | 18taxable year an amount equal to the applicable percentage of amounts paid or incurred for |
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49 | 49 | | 19subscriptions to one or more local newspapers for the personal use of the taxpayer and any |
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50 | 50 | | 20dependents up to the annual dollar limitation. |
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51 | 51 | | 21 cc. In the case of any print or digital publication which is published by any organization |
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52 | 52 | | 22described in section 501(c) of the United States Internal Revenue Code (26 U.S.C. § 501(c)) and |
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53 | 53 | | 23exempt from tax under section 501(a) of the Internal Revenue Code, such publication shall be |
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54 | 54 | | 24treated as a local newspaper only if the publication of print and digital publications is the primary |
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55 | 55 | | 25activity of such organization. |
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56 | 56 | | 26 SECTION 2. Chapter 63 of the General Laws is hereby amended by inserting the |
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57 | 57 | | 27following: |
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58 | 58 | | 28 Section 38KK. Payroll Credit for Compensation of Local News Journalists. |
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59 | 59 | | 29 Section 38KK. As used in this section, the following words shall have the following |
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60 | 60 | | 30meanings: 3 of 5 |
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61 | 61 | | 31 (i) “Applicable percentage,” in the case of each of the first four calendar quarters to |
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62 | 62 | | 32which this section applies, 50 percent and, in the case of each calendar quarter thereafter, 30 |
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63 | 63 | | 33percent. |
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64 | 64 | | 34 (ii) “Eligible local newspaper publisher,” any employer if substantially all of the gross |
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65 | 65 | | 35receipts of such employer for such calendar quarter are derived in the trade or business of |
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66 | 66 | | 36publishing local newspapers as defined in Section 6 of Chapter 62. |
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67 | 67 | | 37 (iii) “Local news journalist,” with respect to any eligible local newspaper publisher for |
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68 | 68 | | 38any calendar quarter, any individual who provides at least 100 hours of service as a local news |
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69 | 69 | | 39journalist as defined in Section 6 of Chapter 62 during such calendar quarter to such eligible |
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70 | 70 | | 40local newspaper publisher. |
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71 | 71 | | 41 (iv) “Department,” the Department of Revenue. |
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72 | 72 | | 42 (a) In the case of an eligible local newspaper publisher, there shall be allowed as a credit |
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73 | 73 | | 43against the taxes imposed by this chapter for each calendar quarter an amount equal to the |
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74 | 74 | | 44applicable percentage of wages paid by such publisher to local news journalists for such calendar |
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75 | 75 | | 45quarter. |
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76 | 76 | | 46 (b) The amount of wages paid with respect to any individual which may be taken into |
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77 | 77 | | 47account during any calendar quarter by the eligible local newspaper publisher shall not exceed |
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78 | 78 | | 48$12,500. |
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79 | 79 | | 49 (c) The credit allowed with respect to any calendar quarter shall not exceed the applicable |
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80 | 80 | | 50employment taxes on the wages paid with respect to the employment of all the employees of the |
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81 | 81 | | 51eligible local newspaper publisher for such calendar quarter. 4 of 5 |
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82 | 82 | | 52 (d) If the amount of the credit exceeds the limitation of paragraph (c) for any calendar |
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83 | 83 | | 53quarter, such excess shall be treated as an overpayment that shall be refunded. Any amounts due |
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84 | 84 | | 54to the employer under this paragraph shall be treated in the same manner as a refund due from a |
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85 | 85 | | 55credit provision referred to in subsection (b) of this section. |
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86 | 86 | | 56 (e) This section shall not apply with respect to any eligible local newspaper publisher for |
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87 | 87 | | 57any calendar quarter if such person elects not to have this section apply. |
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88 | 88 | | 58 (f) The Department shall waive any penalty under section 35A of Chapter 62C of the |
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89 | 89 | | 59General Laws for any failure to make a deposit of any applicable employment taxes if the |
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90 | 90 | | 60Department determines that such failure was due to the reasonable anticipation of the credit |
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91 | 91 | | 61allowed under this section. |
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92 | 92 | | 62 (g) This section shall only apply to calendar quarters during the first 5 calendar years |
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93 | 93 | | 63beginning after the date of the enactment of this Act. |
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94 | 94 | | 64 SECTION 3. Chapter 63 of the General Laws is hereby amended by inserting the |
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95 | 95 | | 65following Section 38LL. Credit for Advertising in Local Newspapers and Local Media. As used |
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96 | 96 | | 66in this section, the following words shall have the following meanings: |
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97 | 97 | | 67 (i) "Eligible small business,” any business for any taxable year if the average number of |
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98 | 98 | | 68full-time employees employed by such a business during such taxable year was less than 50. |
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99 | 99 | | 69 (ii) “Applicable percentage,” in the case of the first taxable year to which this section |
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100 | 100 | | 70applies, 80 percent and, in the case of any subsequent taxable year, 50 percent. |
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101 | 101 | | 71 (a) In the case of any eligible small business, the local media advertising credit |
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102 | 102 | | 72determined under this section for any taxable year is an amount equal to the applicable 5 of 5 |
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103 | 103 | | 73percentage of the qualified local media advertising expenses paid or incurred by the taxpayer |
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104 | 104 | | 74during such taxable year. |
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105 | 105 | | 75 (b) The credit allowed under subsection (a) to any taxpayer for any taxable year shall not |
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106 | 106 | | 76exceed, in the case of the first taxable year to which this section applies, $5,000, and, in the case |
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107 | 107 | | 77of any subsequent taxable year, $2,500. |
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108 | 108 | | 78 (c) This section shall only apply to calendar quarters during the first 5 calendar years |
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109 | 109 | | 79beginning after the date of the enactment of this Act. |
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