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2 | 2 | | HOUSE DOCKET, NO. 423 FILED ON: 1/9/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3261 |
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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 | | Erika Uyterhoeven |
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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 establishing a tax on excessive executive compensation. |
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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:Erika Uyterhoeven27th Middlesex1/9/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 423 FILED ON: 1/9/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3261 |
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18 | 18 | | By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. |
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19 | 19 | | 3261) of Erika Uyterhoeven relative to establishing a tax on excessive executive compensation. |
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20 | 20 | | Revenue. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act establishing a tax on excessive executive compensation. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 63, section 81 of the The General Laws, is hereby amended by |
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30 | 30 | | 2adding the following new section: |
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31 | 31 | | 3 SECTION 82 |
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32 | 32 | | 4 EXECUTIVE COMPENSATION TAX. |
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33 | 33 | | 5 Section 1. |
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34 | 34 | | 6 As used in this section, terms shall have the following meanings: |
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35 | 35 | | 7 (a) |
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36 | 36 | | 8 (1) “Compensation,” in the case of employees of the taxpayer other than the chief |
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37 | 37 | | 9executive officer, chief operating officer, or the highest paid employee, means wages as defined |
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38 | 38 | | 10in section 1 of chapter 63 of the General Laws. 2 of 4 |
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39 | 39 | | 11 (2) “Compensation,” in the case of the chief executive officer, chief operating officer, or |
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40 | 40 | | 12the highest paid employee of the taxpayer, means total compensation as reported in the Summary |
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41 | 41 | | 13Compensation Table reported to the United States Securities and Exchange Commission |
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42 | 42 | | 14pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. |
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43 | 43 | | 15 (b) “Compensation ratio” for a taxable year means a ratio where the numerator is the |
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44 | 44 | | 16amount equal to the greater of the compensation of the chief executive officer, chief operating |
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45 | 45 | | 17officer, or the highest paid employee of the taxpayer averaged over the three calendar years |
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46 | 46 | | 18preceding the beginning of the taxable year and the denominator is the amount equal to the |
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47 | 47 | | 19median compensation of all employees employed by the taxpayer, including all contracted |
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48 | 48 | | 20employees under contract with the taxpayer, in the United States for the calendar year preceding |
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49 | 49 | | 21the beginning of the taxable year. |
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50 | 50 | | 22 Section 2. |
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51 | 51 | | 23 Every corporation with a net income of $10,000,000 or more doing business in the |
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52 | 52 | | 24commonwealth and not expressly exempted from taxation shall annually pay to the |
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53 | 53 | | 25commonwealth a tax according to or measured by net income, to be computed at the applicable |
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54 | 54 | | 26tax rate upon the basis of the net income for that taxable year, as determined as follows, but in no |
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55 | 55 | | 27case shall the tax rate be less than the minimum tax specified in section two of chapter 63 of the |
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56 | 56 | | 28General Laws. |
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57 | 57 | | 29 The applicable tax rate shall be determined as follows: |
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58 | 58 | | 30 (a) If the compensation ratio is over zero but not over 50, the applicable tax rate is the |
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59 | 59 | | 31base corporate tax rate plus an additional 0%; 3 of 4 |
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60 | 60 | | 32 (b) If the compensation ratio is over 50 but not over 100, the applicable tax rate is the |
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61 | 61 | | 33base corporate tax rate plus an additional 1%; |
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62 | 62 | | 34 (c) If the compensation ratio is over 100 but not over 200, the applicable tax rate is the |
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63 | 63 | | 35base corporate tax rate plus an additional 2%; |
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64 | 64 | | 36 (d) If the compensation ratio is over 200 but not over 300, the applicable tax rate is the |
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65 | 65 | | 37base corporate tax rate plus an additional 4%; |
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66 | 66 | | 38 (e) If the compensation ratio is over 300 but not over 400, the applicable tax rate is the |
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67 | 67 | | 39base corporate tax rate plus an additional 6%; |
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68 | 68 | | 40 (f) If the compensation ratio is over 400 but not over 500, the applicable tax rate is the |
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69 | 69 | | 41base corporate tax rate plus an additional 8%; |
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70 | 70 | | 42 (g) If the compensation ratio is over 500, the applicable tax rate is the base corporate tax |
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71 | 71 | | 43rate plus an additional 10%. |
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72 | 72 | | 44 Section 3. |
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73 | 73 | | 45 If the total number of full-time employees, determined on an annual full-time equivalent |
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74 | 74 | | 46basis, employed by the taxpayer in the United States for a taxable year is reduced by more than |
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75 | 75 | | 4710 per cent, as compared to the total number of full-time employees, determined on an annual |
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76 | 76 | | 48full-time equivalent basis, employed by the taxpayer in the United States for the preceding |
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77 | 77 | | 49taxable year and the total number of contracted employees or foreign full-time employees, |
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78 | 78 | | 50determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has |
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79 | 79 | | 51increased as compared with the total number of contracted employees or foreign full-time |
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80 | 80 | | 52employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding 4 of 4 |
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81 | 81 | | 53taxable year, then the applicable tax rate determined under Section 2 shall be increased by 50 |
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82 | 82 | | 54percent. For taxpayers who first commence doing business in this state during the taxable year, |
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83 | 83 | | 55the number of full-time employees, contracted employees, and foreign full-time employees for |
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84 | 84 | | 56the immediately preceding prior taxable year shall be zero. |
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85 | 85 | | 57 Section 4. |
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86 | 86 | | 58 This act shall take effect for the tax year beginning on January 1, 2026. |
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