Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3261 Compare Versions

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22 HOUSE DOCKET, NO. 423 FILED ON: 1/9/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3261
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Erika Uyterhoeven
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 establishing a tax on excessive executive compensation.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/9/2025 1 of 4
1616 HOUSE DOCKET, NO. 423 FILED ON: 1/9/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 3261
1818 By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No.
1919 3261) of Erika Uyterhoeven relative to establishing a tax on excessive executive compensation.
2020 Revenue.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act establishing a tax on excessive executive compensation.
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. Chapter 63, section 81 of the The General Laws, is hereby amended by
3030 2adding the following new section:
3131 3 SECTION 82
3232 4 EXECUTIVE COMPENSATION TAX.
3333 5 Section 1.
3434 6 As used in this section, terms shall have the following meanings:
3535 7 (a)
3636 8 (1) “Compensation,” in the case of employees of the taxpayer other than the chief
3737 9executive officer, chief operating officer, or the highest paid employee, means wages as defined
3838 10in section 1 of chapter 63 of the General Laws. 2 of 4
3939 11 (2) “Compensation,” in the case of the chief executive officer, chief operating officer, or
4040 12the highest paid employee of the taxpayer, means total compensation as reported in the Summary
4141 13Compensation Table reported to the United States Securities and Exchange Commission
4242 14pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission.
4343 15 (b) “Compensation ratio” for a taxable year means a ratio where the numerator is the
4444 16amount equal to the greater of the compensation of the chief executive officer, chief operating
4545 17officer, or the highest paid employee of the taxpayer averaged over the three calendar years
4646 18preceding the beginning of the taxable year and the denominator is the amount equal to the
4747 19median compensation of all employees employed by the taxpayer, including all contracted
4848 20employees under contract with the taxpayer, in the United States for the calendar year preceding
4949 21the beginning of the taxable year.
5050 22 Section 2.
5151 23 Every corporation with a net income of $10,000,000 or more doing business in the
5252 24commonwealth and not expressly exempted from taxation shall annually pay to the
5353 25commonwealth a tax according to or measured by net income, to be computed at the applicable
5454 26tax rate upon the basis of the net income for that taxable year, as determined as follows, but in no
5555 27case shall the tax rate be less than the minimum tax specified in section two of chapter 63 of the
5656 28General Laws.
5757 29 The applicable tax rate shall be determined as follows:
5858 30 (a) If the compensation ratio is over zero but not over 50, the applicable tax rate is the
5959 31base corporate tax rate plus an additional 0%; 3 of 4
6060 32 (b) If the compensation ratio is over 50 but not over 100, the applicable tax rate is the
6161 33base corporate tax rate plus an additional 1%;
6262 34 (c) If the compensation ratio is over 100 but not over 200, the applicable tax rate is the
6363 35base corporate tax rate plus an additional 2%;
6464 36 (d) If the compensation ratio is over 200 but not over 300, the applicable tax rate is the
6565 37base corporate tax rate plus an additional 4%;
6666 38 (e) If the compensation ratio is over 300 but not over 400, the applicable tax rate is the
6767 39base corporate tax rate plus an additional 6%;
6868 40 (f) If the compensation ratio is over 400 but not over 500, the applicable tax rate is the
6969 41base corporate tax rate plus an additional 8%;
7070 42 (g) If the compensation ratio is over 500, the applicable tax rate is the base corporate tax
7171 43rate plus an additional 10%.
7272 44 Section 3.
7373 45 If the total number of full-time employees, determined on an annual full-time equivalent
7474 46basis, employed by the taxpayer in the United States for a taxable year is reduced by more than
7575 4710 per cent, as compared to the total number of full-time employees, determined on an annual
7676 48full-time equivalent basis, employed by the taxpayer in the United States for the preceding
7777 49taxable year and the total number of contracted employees or foreign full-time employees,
7878 50determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has
7979 51increased as compared with the total number of contracted employees or foreign full-time
8080 52employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding 4 of 4
8181 53taxable year, then the applicable tax rate determined under Section 2 shall be increased by 50
8282 54percent. For taxpayers who first commence doing business in this state during the taxable year,
8383 55the number of full-time employees, contracted employees, and foreign full-time employees for
8484 56the immediately preceding prior taxable year shall be zero.
8585 57 Section 4.
8686 58 This act shall take effect for the tax year beginning on January 1, 2026.