Massachusetts Statutes

Section 38D. (a) In determining the net income subject to tax under this chapter a business corporation, at its election, may deduct the expenditures paid or incurred during the taxable year for the construction, reconstruction, erection or improvement of industrial waste treatme…

Section 38DD. (a) A corporation formed under chapter 156D and taxable under this chapter shall receive a nontransferrable credit against an excise tax imposed under subsection (b) of section 2, subsection (b) of section 2B or subsection (b) of section 39. (b) A corporation shall …

Section 38E. (a) A business corporation operating an eligible business facility, as defined in section eleven of chapter twenty-three B, may take a credit against the excise imposed upon it under this chapter in an amount as hereinafter provided. (b) If the real estate comprising…

Section 38EE. (a) The purpose of this section shall be to enable local residents and stakeholders to work with and through community development corporations to partner with nonprofit, public and private entities to improve economic opportunities for low and moderate income house…

Section 38F. In determining the net income subject to tax under this chapter, a business corporation may deduct, in addition to any other allowable deduction under this chapter, an amount equal to twenty-five per cent of the compensation paid during the taxable year to individual…

Section 38G. A business corporation subject to tax under this chapter shall for the purposes of determining its excise under the provisions of this chapter include in the report of its income all the income of any wholly-owned DISC, whether such DISC is organized under the laws o…

Section 38GG. (a) A business corporation with not more than 100 employees, that is certified by the secretary of veterans' services pursuant to section 2C of chapter 115 and qualifies for and claims the Work Opportunity Credit allowed under section 51 of the Internal Revenue Code…

Section 38H. (a) In determining the net income subject to tax under this chapter a business corporation, at its election, may deduct the expenditures paid or incurred during the taxable year with respect to the installation of any solar or wind powered climatic control unit and a…

Section 38HH. (a) A business corporation engaged in business in the commonwealth shall be allowed a credit against its excise due under this chapter in an amount equal to $4,800 or 50 per cent of the wages paid to each qualified apprentice in a taxable year, whichever is less. If…

Section 38I. In determining the net income subject to tax under this chapter for the taxable year, a business corporation may deduct in addition to any other allowable deduction under this chapter, a deduction equal to the credit allowed under section fifty-one of the Federal Int…

Section 38II. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Commissioner'', the commissioner of revenue. ''Cranberry bog'', an area actively cultivated for the harvesting or production of cranbe…

Section 38J. In determining the net income subject to tax under this chapter, a business corporation may deduct, in addition to any other allowable deduction under this chapter, an amount equal to twenty-five per cent of the allowable deduction for any qualified research contribu…

Section 38JJ. (a) A business corporation engaged in business in the commonwealth shall be allowed a credit equal to $5,000 or 30 per cent of the wages paid to each qualified employee with a disability in the first taxable year of employment, whichever is less, against the tax lia…

Section 38KK. (a) A business corporation with not more than 100 employees may be allowed a credit against its excise due under this chapter in an amount equal to $2,000 for each member of the Massachusetts national guard hired by the business corporation. A business corporation t…

Section 38L. Every corporation that files a return may voluntarily contribute all or part of any refund to which it is entitled or may voluntarily add an amount onto any amount due to be credited to the Natural Heritage and Endangered Species Fund. At the beginning of each fiscal…

Section 38LL. (a)(1) A corporation subject to tax under this chapter, to the extent authorized by the offshore wind tax incentive program established in subsection (d) of section 8A of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under th…

Section 38M. (a)(1) A business corporation shall be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the qualified research expenses for the taxable year over the base amount and 15 per cent of the basic research…

Section 38MM. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Capital investment'', expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of …

Section 38N. (a) As used in this section, ''Certified project'', ''EDIP contract'', ''Proportion of compliance'' and ''Refundable credit'' shall have the same meanings as ascribed to them in section 3A of chapter 23A. (b) A corporation subject to tax under this chapter that is th…

Section 38NN. (a) As used in this subsection, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Authorized training program'', a program approved by the secretary of administration and finance and the secretary of labor and w…

Section 38O. A corporation whose excise under this chapter is based on net income may, in determining such net income, deduct an amount equal to 10 per cent of the cost of renovating an abandoned building that is part of a certified project designated under section 3A of chapter …

Section 38OO. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Development cost'', as defined in section 36 of chapter 23B. ''Executive office'', the executive office of housing and livable commu…

Section 38PP. (a) For the purposes of this section, unless the context clearly requires otherwise, the following words shall have the following meanings: ''Affordability period'', the 10–year period that commences on the date of the initial sale of a single-family dwelling constr…

Section 38Q. (a) A business corporation which commences and diligently pursues an environmental response action on or before August 5, 2028 and which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the regulations adopted …

Section 38QQ. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Advertising and public relations expenditure'', a cost incurred within the commonwealth by an eligible theater production for goods …

Section 38R. (a) For purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise: ''Certified rehabilitation'', the rehabilitation of a qualified historic structure that has been approved and certified by the chair…

Section 38RR. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Capital investment'', expenses incurred for the site preparation and construction, repair, renovation, improvement or equipping of a b…

Section 38S. (a) In determining the net income subject to tax under this chapter, a business corporation required to comply with section 26G1/2 of chapter 148 and that has so complied, may, for the purposes of the depreciation deduction allowed under section 168 of the Federal In…

Section 38SS. (a) A taxpayer may, to the extent authorized pursuant to the climatetech tax incentive program established in section 16 of chapter 23J, be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the quali…

Section 38TT. (a) A taxpayer, to the extent authorized by the climatetech tax incentive program established in subsection (d) of section 16 of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the …

Section 38U. (a) As used in this section, section 38V and section 38W, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Life sciences'', advanced and applied sciences that expand the understanding of human physiology and ha…

Section 38UU. (a) A business corporation engaged in business in the commonwealth may be allowed a credit each taxable year against the liability imposed by this chapter in an amount equal to $5,000 or 50 per cent of the wages paid to each net-new qualified intern employed in the …

Section 38V. A taxpayer which is a certified life sciences company pursuant to section 5 of chapter 23I may, to the extent authorized pursuant to the life sciences tax incentive program established by said section 5 of chapter 23I, be allowed a deduction under paragraph 4 of sect…

Section 38W. (a) A taxpayer may, to the extent authorized pursuant to the life sciences tax incentive program established by section 5 of chapter 23I, be allowed a credit against its excise due under this chapter equal to the sum of 10 per cent of the excess, if any, of the quali…

Section 38X. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Commissioner'', the commissioner of revenue. ''Motion picture'', a feature-length film, a video, a digital media project, a televisio…

Section 38Y. (a) Every business corporation which is exempt from taxation under section 501 of the Code shall be subject to tax under section 39 on its unrelated business taxable income, as defined in section 512 of the Code. The property or net worth of those corporations shall …

Section 38Z. (a) There shall be established a dairy farm tax credit program under which a business corporation that holds a certificate of registration as a dairy farm pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk …

Section 39. Except as otherwise provided in this section, every business corporation, organized under the laws of the commonwealth, or exercising its charter or other means of legal authority, or qualified to do business or actually doing business in the commonwealth, or owning o…

Section 39A. The net income of a business corporation which is a subsidiary or parent corporation of another corporation or closely affiliated therewith by stock ownership shall be determined by eliminating all payments to the parent corporation or subsidiary or affiliated corpor…

Section 42. If the allocation and apportionment provisions of this chapter are not reasonably adapted to approximate the net income derived from business carried on within this commonwealth, a corporation may apply to the commissioner to have its income derived from business carr…

Section 42A. The taxable net income of a business corporation allocated or apportioned to this commonwealth under section 38 shall be its net income subject to the tax under this chapter.

Section 42B. (a) Every business corporation subject to taxation under section 39 that has a usual place of business in the commonwealth, and is engaged in manufacturing in the commonwealth, or engaged in the commonwealth in research and development shall, for the purposes of this…

Section 52. If any of the provisions of this chapter imposing an excise on business corporations as defined in subsection (1) of section 30 are declared unconstitutional or inoperative by a final judgment, order or decree of the supreme court of the United States or of the suprem…

Section 55. The commissioner shall ascertain from the returns or otherwise the true market value of the shares of each corporation required to make a return under section twelve of chapter sixty-two C, and shall estimate therefrom the fair cash value of all the shares constitutin…

Section 58. Every corporation required to file a return under subsection (h) of section twelve of chapter sixty-two C shall annually pay a tax upon its corporate franchise, after making the deductions provided for in section fifty-five, at a rate equal to the average of the annua…

Section 59. When the commissioner has received notice of an abatement of the taxes of any corporation under section seventy-four of chapter fifty-nine, he shall assess upon such corporation an additional tax upon its corporate franchise value, in such amount as shall make the tot…