ETM PETIETN SE E I EVO PLACIDAM SVB LIBERTAT Commonwealth of Massachusetts Department of Revenue 2020 Instructions for Massachusetts Corporation Excise Combined Report Form 355U Massachusetts has an electronic filing requirement for this form. See TIR 16-9 for further information. |
What kind of help is available The instructions in the Department of Revenue’s tax forms should provide answers to most taxpayer questions. If you have questions about com - pleting your Massachusetts tax form, you can call us at (617) 887-6367 or toll-free in Massachusetts at 1-800-392-6089 Monday through Friday. DOR’s website at mass.gov/dor is also a valuable resource for tax information 24 hours a day. Thousands of taxpayers use DOR’s website to e-mail and re ceive prompt answers to their general tax inquiries. Interactive applications that allow taxpayers to check the status of their refunds and review their quarterly estimated tax payment histories are available through our website or by calling our main information lines listed above. Where to get forms and publications Many Massachusetts tax forms and publications are available via the DOR website. The address for the Department’s website is mass.gov/dor. For general tax information. Please call (617) 887-6367 or toll-free in Massachusetts 1-800-392-6089. These main in for mation lines can provide assistance with the following: |
Employees Working Remotely due required accompanying schedules. A corporation Major 2020 Tax Law to COVID-19: Massachusetts Tax is subject to this requirement if it is subject to a tax on its income under Massachusetts General Implications Law (MGL). ch 63, § 2, 2B, 32D, or 39 and is en- Changes Massachusetts declared a state of emergency and gaged in a unitary business with one or more issued several health and safety related restric- Federal Conformity other corporations under common control, tions in response to the 2019 novel Coronavirus Massachusetts generally follows the Internal Rev- whether or not the other corporations are taxable (“COVID-19”) pandemic. As a result, many busi- enue Code (IRC) as currently in effect for Mass- in Massachusetts. The requirement to file on a nesses implemented work-from-home require- achusetts corporate excise tax purposes. For combined basis is not dependent upon an eviden- ments for their employees. The Department has more up-to-date and detailed information on tax tiary showing that there is a distortion of income provided Massachusetts tax relief in situations in changes and federal conformity please see the between corporations that are related by common which employees work remotely due solely to the dedicated 2020 Tax Changes page on our website ownership or that there is a lack of arm’s length COVID-19 pandemic to minimize disruption for at https://www.mass.gov/orgs/massachusetts- pricing in transactions between such corpora- corporations doing business in Massachusetts. department-of-revenue. tions. See 830 CMR 62.5A.3: Massachusetts Source In- Coronavirus Aid, Relief, and come of Non Residents Telecommuting due to The requirement to file a combined report applies the COVID-19 Pandemic, and TIR 20-15: Revised regardless of whether or not the corporations file Economic Security Act Guidance on the Massachusetts Tax Implications a consolidated federal return. See 830 CMR On March 27, 2020, Public Law 116-136, the of an Employee Working Remotely due to the 63.32B.2. Coronavirus Aid, Relief, and Economic Security COVID-19 Pandemic. These rules are effective The non-income measure of excise for members Act (the CARES Act), was signed into law. The until 90 days after the state of emergency in of a combined group is still determined on a sep- CARES Act provides for federal changes to a va- Massachusetts is lifted. arate company basis, but the non-income calcu- riety of provisions of the Internal Revenue Code (IRC) that affect business entities subject to the The Department will not consider the presence of lation is made on schedules attached to the Form corporate and financial institution excise. In re- one or more employees working remotely from 355U. A separate return (Form 355 or Form sponse to the CARES Act, the Department of Rev- Massachusetts solely due to a Pandemic-Related 355S, as appropriate) is only required if the cor- enue (DOR) issued TIR 20-9: Massachusetts Tax Circumstance, including the presence of business poration’s federal taxable year ends on a a differ- Implications of Selected Provisions of the Federal property reasonably needed for such persons’ ent date than the taxable year of the combined CARES Act, which addresses various provisions use while working remotely, to be sufficient in report. See Special Situations below. that are specific to corporations and small busi- and of itself to establish corporate nexus and a nesses including (1) small business loan forgive- corporate excise filing requirement. In addition, What Is Nexus for Massachusetts ness, (2) modifications to the federal limitations such presence will not, of itself, cause a corpora- Corporate Excise Purposes? on net operating losses, (3) modifications to lim- tion to lose the protections of Public Law 86-272. A corporation that owns or uses any part of its itation on business interest deduction, (4) techni- Relatedly, for corporate apportionment purposes, capital or other property, exercises or continues its cal amendments regarding qualified improvement (i) services performed by such persons in Mass- charter or is qualified to, or is actually doing busi- property, and (5) modification of limitation on achusetts will not increase the numerator of the ness in Massachusetts has nexus with the Com- charitable contributions during 2020. TIR 20-9 is employer’s payroll factor, and (ii) the presence in monwealth and must pay a corporate excise. available on DOR’s website. Massachusetts of business property reasonably Doing business in the state as referenced in MGL needed for such persons’ use while working re- ch 63, § 39 includes: Tax Cuts and Jobs Act motely will not increase the numerator of the em- The Tax Cuts and Jobs Act (TCJA) also changed ployer’s property factor. a variety of provisions of the IRC that affect busi- ness entities subject to the corporate and finan- Filing Due Dates cial institution excise. In response to the TCJA, Massachusetts General Laws (MGL) ch 62C, §§ the Department of Revenue (DOR) issued written 11 and 12 require C corporations to file their tax guidance addressing the impact of the TCJA in returns on or before the 15th day of the fourth Massachusetts. See e.g., TIR 19-17: Application month following the close of each taxable year of IRC § 163(j) Interest Expense Limitation to (April 15 in the case of corporations filing on a Corporate Taxpayers, TIR 19-11: Legislation Im- calendar year basis). The filing due date for S cor- pacting the Massachusetts Tax Treatment of Se- poration tax returns is the 15th day of the third lected International Provisions of the Federal Tax month following the close of each taxable year. Cuts and Jobs Act, TIR 19-9: Extension of Time See TIR 17-5. to File Short-Year Returns Resulting from Part- For most calendar year filers, returns are due nership Technical Termination, TIR 19-7: Mass- April 15, 2021. achusetts Treatment of Investments in Qualified Opportunity Zones, and TIR 19-6: Impact of the When must a combined report be filed? Federal Tax Cuts and Jobs Act on a Taxpayer’s Massachusetts requires certain corporations en- Overall Method of Accounting for Massachusetts gaged in a unitary business to calculate their in- Purposes. All of these TIRs are available on the come on a combined basis by preparing and filing DOR’s website. a combined report on Form 355U along with all |
sist of the mere solicitation of orders for sales of tangible personal property filled by shipment or delivery from a point outside Massachusetts after such orders are sent outside the state for ap- proval or rejection. PL 86-272 does not apply to a corporation that sells services or licenses intan- gible property in Massachusetts. Also, PL 86-272 does not apply where the in-state business activ- ity by or on behalf of a corporation, however con- ducted, includes activity that is not entirely ancillary to the solicitation of orders of tangible personal property. Activities that take place after a sale will ordinarily not be considered entirely ancillary to the solicitation of such sale. A corpo- ration that has nexus with the Commonwealth and is excluded from income-based taxation by PL 86-272 remains liable for the non-income measure of excise. The following are activities that ordinarily fall within the scope of “solicitation” under PL 86- 272: |
Filing Form 355U Principal Reporting Taxpayers filing a 355U that meet certain payment culations must be completed separately by each Corporation requirements will be given an automatic seven taxable member. The combined report required by MGL ch 63, § month extension of time to file Form 355U. For 32B is filed on behalf of all members of the group further information, see TIR 15-15. Common schedules to be submitted by a principal reporting corporation, which must Note: An extension of time to file is not valid if with the Form 355U be a taxable member of the combined group un- the corporation fails to pay at least 50% of the A brief description of some schedules that, de- less otherwise approved by the Commissioner total tax liability or the minimum tax of $456, pending on the circumstances, may be required (see DD 15-2). If the combined group has a com- which ever is greater, through estimated payments with Form 355U is shown below. Instructions for mon parent corporation that is a taxable member or with an extension worksheet on or before the these schedules are published separately. of the combined group that parent corporation is due date of the return. Note: Schedules NIR, A-1, A-2 and A-3 are no required to be the principal reporting corporation. longer required for taxable years beginning in If the combined group does not have a common Any tax not paid on or before the due date without parent or that corporation is not a taxable mem- regard to the extension shall be subject to an in- 2015. ber of the group, the principal reporting corpora- terest charge. Schedule U-M tion shall be the taxable member of the group that S corporations that are participating in a combined Each member of the combined group, whether reasonably expects to have the largest amount of report of their net income to Massachusetts must taxable or not, reports its own income and ex- Massachusetts taxable net income on a recurring file Form 355U. For more information see 830 penses for federal income tax purposes together basis. CMR 62C.11.1: Return Due Dates for S Corpora- with certain adjustments. An additional Schedule As provided in MGL ch 62C, § 11A, the Commis- tions Included in a Combined Group. U-M is also filed to show the Massachusetts inter- sioner may treat the principal reporting corpora- In addition, an S corporation that pays both the company eliminations, if any. Please see TIR 19- tion as the agent for all corporations that income and non-income measure of excise with 17: Application of IRC § 163(j) Interest Expense participate or are required to participate in the Form 355U must also submit Form 355S or 63- Limitation to Corporate Taxpayers, for more in- group with respect to all notices and actions FI as an informational return, enclosing Sched- formation on how to calculate the interest ex- authorized or required by chapter 62 or chapter ules S and SK-1, although no additional tax is due pense deduction. 63. Such notices and actions include, without lim- with that filing. Such informational filing is due on Schedule U-CI itation: (i) notices and actions associated with or before the 15th day of the third month after the The amounts on all Schedules U-M are totaled to processes such as assessment of tax; (ii) execu- close of the taxable year, calendar or fiscal. show the combined income of the group before tion of consents to extend the time for assess- certain Massachusetts adjustments. A single ment of tax; (iii) abatements; (iv) hearing Organization and Structure of Schedule U-CI is filed with each Form 355U. requests; (v) refunds; and (vi) collection activity. Form 355U The principal reporting corporation reports the Form 355U shows the aggregate tax liability of Schedule U-E following information on behalf of all members of the combined group, declares whether the com- the combined group when filing Form 355U: the bined group is making or filing pursuant to either designation of the principal reporting corporation, a worldwide or affiliated group election and shall the elections allowed or required to be made by provide other general information on behalf of the MGL ch 63, the calculation of the group’s com- combined group. Massachusetts requires all cor- bined income, the determination of the appor- porations that are part of the combined group to tioned shares of the taxable members, and the use DOR schedules to report their income as de- calculation of the income tax liabilities of the vari- termined for federal income tax purposes and ous members and the payments made by the certain adjustments. This information must be group. provided separately for each member of the com- bined group on the specific DOR schedules de- Form 355U Electronic Filing scribed below. Form 355U, and all pertinent schedules, must be filed electronically. Submissions other than by The basic principles that underlie the Form 355U electronic filing will not be considered a timely are as follows. The combined net income of the filed return. Detailed regulatory guidance with re- group and the combined apportionment denomi- spect to the Massachusetts combined reporting nators are used by each taxable member of the law is set forth at 830 CMR 63.32B.2. group to calculate its income subject to tax for the taxable year. Each taxable member of the group must separately calculate its excise using When Are Returns its Massachusetts apportioned share of the group’s income. Any other excise or tax due Due? under MGL ch 63 (e.g., the non-income measure of excise due from business corporations, any re- Form 355U returns, together with payment in full capture taxes, etc.) and credits taken are also re- of any tax due, must be filed on or before the 15th ported as part of the taxable member’s calculation day of the fourth month after the close of the tax- of its excise. DOR schedules showing these cal- able year, calendar or fiscal. See TIR 17-5. |
6 each member to the consolidated return income Schedule DRE cated or apportioned to Massachusetts is re- as reported federally. An entity that is disregarded as a separate entity ported on this schedule. Schedule FE from its owner for federal income tax purposes Schedule NOL Corporations required to file U.S. Form 5471 with shall similarly be disregarded for purposes of A taxable member that is eligible for a net operat- respect to certain foreign corporations must file MGL ch 63. A taxable member that is the owner ing loss deduction calculates the amount of the Schedule FE with their Massachusetts return for of such an entity must identify each such disre- available NOL and the amount taken using this each such foreign corporation. If any member of garded entity by filing Schedule DRE. An S cor- schedule. The NOL deduction taken is reported on the combined group files U.S. Form 5471, the poration must similarly identify its QSUB(s) by Schedule U-ST. principal reporting corporation files Schedule FE filing Schedule DRE. Note that disregarded enti- on behalf of that member. ties owned by corporations that are non-taxable Schedule U-NOLS members are not reported. A taxable member of a combined group which Where the U.S. Form 1120 is submitted as an at- has an available NOL deduction which it cannot tachment to the Massachusetts Form 355U and Schedule U-MSI use may share an NOL generated by the unitary includes the US Form 5471 filed with respect to a Each taxable member of the group separately cal- business with other members of the combined foreign corporation, the member is not required culates its Massachusetts numerator for the pur- group provided such other members (a) are eli- to also submit Schedule FE for that foreign cor- pose of apportioning the combined income. gible to take a NOL deduction and (b) filed a com- poration. See Schedule FE instructions for more These figures, together with the group denomina- bined report under 830 CMR 63.32B.2 with the information. tors calculated in Part 2 of the Schedule U-E are corporation that has the NOL for the tax year to used to calculate the property, payroll and sales which the NOL relates. Any losses from such tax Schedule TTP factors used to calculate the taxable member’s years have either been used or expired. The total A member that takes a treaty-based return posi- apportionment percentage for determining its amount of all such shared losses is reported by tion must disclose that position when filing its Massachusetts apportioned share of the income the corporation taking the deduction on Schedule Massachusetts Form 355U. A taxpayer takes a reported on Schedule U-E. The apportionment U-ST. treaty based return position by maintaining that a factors are weighted for each corporation based treaty of the U.S. overrules or modifies a provi- on the provisions of MGL ch 63 under which that Schedules A, B, C, D, RNW and F sion of the IRC and thereby causes (or potentially member is taxable. These schedules are used to calculate the non-in- causes) a reduction of income required to be come measure of excise under the provisions of shown on the return. A member (including a non- Effect of Federal Tax Reform on MGL ch 63, § 39 (a) (1) and are not completed by taxable member) of the Massachusetts combined Apportionment Factors of Combined financial institutions. For years beginning in 2011, group calculating income under a treaty position corporations with federal taxable years ending at Group Members indicates this on Schedule U-M and provides fur- the same time as the common taxable year used In the case of one or more business corporations ther information about the treaty and its effect on by the group to determine and pay the income or financial institutions filing as members of a income by attaching Schedule TTP. measure of excise must include in the combined combined group, each taxable member separately Schedule U-INS determines its apportionment percentage pur- report the calculation of the non-income measure. A member claiming a deduction for insurance suant to the provisions of MGL ch 63, § 2A or § Such members must include Schedules A, B and premiums or other amounts paid directly or indi- 38 (as applicable) subject to the rules in MGL ch either Schedule C, D or RNW showing the calcu- rectly to an affiliate that is not a member of the 63, § 32B and 830 CMR 63.32B.2(7). Thus the lation of the non-income measure of excise with Massachusetts combined group and that qualifies apportionment calculation for the combined the return. Schedule F must be enclosed if the as a life insurance company as defined in IRC § group will follow in the same manner as for a corporation, based on its own activities, is taxable 816 of the code or an insurance company subject business corporation or financial institution filing in another state on its income. The non-income to tax imposed by IRC § 831 must disclose the a separate tax return. For more information on measure is reported on Schedule U-ST. deduction. differences related to the impact of the TCJA in Massachusetts see TIR 19-17: Application of IRC Schedule CMS: Tax Credits Schedule ABI § 163(j) Interest Expense Limitation to Corporate Financial institutions, insurance companies, busi- A member claiming a deduction for interest paid Taxpayers; TIR 19-11: Legislation Impacting the ness corporations, and other taxpayers subject to or accrued to a related party (in cases where such Massachusetts Tax Treatment of Selected Inter- tax under MGL ch 63 may be eligible for certain expense is not eliminated in the combined report- national Provisions of the Federal Tax Cuts and tax credits in Massachusetts. Credits may be ing that determines the taxable income of the Jobs Act, TIR 19-9: Extension of Time to File used to offset a tax due, may be passed or shared group for Massachusetts purposes) must com- Short-Year Returns Resulting from Partnership with another person or entity, or, in some cases plete this schedule explaining the basis for the de- Technical Termination, TIR 19-7: Massachusetts credits may be fully or partially refundable. MGL duction. Treatment of Investments in Qualified Opportunity ch 63 taxpayers with credits available for use in Schedule ABIE Zones, and TIR 19-6: Impact of the Federal Tax the current taxable year must file a Schedule CMS A member claiming a deduction for intangible ex- Cuts and Jobs Act on a Taxpayer’s Overall Method to claim most credits. pense paid or accrued to a related party (in cases of Accounting for Massachusetts Purposes. For each credit claimed on a Schedule CMS, re- port the amount of the credit available for use and where such expense is not eliminated in the com- Schedule U-MTI the amount of credit claimed to reduce tax for the bined reporting that determines the taxable in- A taxable member may have income from non- current taxable year. For pass-through entities, re- come of the group for Massachusetts purposes) unitary sources; if such income is taxable in port the amount of credit distributed to must complete this schedule explaining the basis Massachusetts, the amount of such income allo- partners/shareholders/beneficiaries in the credit for the deduction. |
7 shared column. Taxpayers also report the amount through entity or a credit transfer should report to be treated as a refundable credit, which may of a refundable credit they are using to request a such credit in Section 3 or 4, as applicable. be either 90% or 100% of the reduction. See TIR refund of tax. See the Credit Manager Schedule 13-6, Example 3, for an illustration. Instructions for more information on how to Section 2. Refundable Credits Note: Do not report the refundable Film Incentive complete the Schedule CMS and claim the cred- Section 2 is for reporting refundable credits the Credit in this section because these credits are is- its. taxpayer is using to request a refund. The Film In- sued new certificate numbers from the DOR centive Credit should always be included in Sec- Credits reported on the Schedule CMS are gener- when they are received from a pass-through en- tion 2 to the extent that the taxpayer is requesting ally identified either by a certificate number as- tity or a credit transfer. If the taxpayer is request- a refund. However, a taxpayer that received a re- signed by the issuing agency (which may be the ing a refund of the Film Incentive Credit, it should fundable credit on a Massachusetts K-1 from a DOR) or by the tax period end date in which the be reported in Section 2. pass-through entity or a credit transfer should re- credit originated. If a credit has been assigned a port such credit in Section 4, to the extent that certificate number, the certificate number must be List of Credit Names and Credit the taxpayer is requesting a refund. For each re- included on the Schedule CMS. A taxpayer that Codes fundable credit, report the amount of the credit does not include an assigned certificate number The following table identifies various credits that available after taking into consideration any on the Schedule CMS will not be allowed the may be available to a taxpayer subject to tax amount of the credits that may have been taken credit on the tax return and will have their tax lia- under MGL ch 63 and that must be claimed on a to offset a tax or shared as reported in Section 1 bility adjusted by the DOR. Be sure to omit hy- Schedule CMS. of this schedule. Enter the amount by which the phens, spaces, decimals and other special available credit balance is being reduced and the symbols when entering the certificate number. amount to be treated as a refundable credit, Also, enter the number from left to right. List of Credit names and Credit code which may be either 90% or 100% of the reduc- Likewise, a taxpayer that is required to complete tion. See TIR 13-6, Example 3, for an illustration. Apprenticeship Tax Credit………..APPCRD* a separate schedule to claim a credit must include Brownfields . . . . . . . . . . . . . . . . . . BRWFLD the separate schedule with the taxpayer’s return Section 3. Non-Refundable Credits Certified Housing . . . . . . . . . . . . . . CRTHOU filing. Failure to do so may result in the credit Received from Massachusetts K-1 being disallowed. Community Investment . . . . . . . . . CMMINV* Schedules If, by operation of MGL ch 63, § 32C or another Section 3 is for reporting credits the taxpayer re- Conservation Land . . . . . . . . . . . . . CNSLND* provision of law, a credit normally identified by ceived on a Massachusetts K-1 schedule (SK-1, Dairy Farm . . . . . . . . . . . . . . . . . . . DAIFRM* tax period end date is eligible for indefinite carry- 2K-1 or 3K-1) that the taxpayer is using (i) to off- over, the credit should be reported as “non-expir- set or reduce the taxpayer’s total tax due (ii) to EDIP . . . . . . . . . . . . . . . . . . . . . . . . EDIPCR* ing” and identification of the tax period of origin pass to any partner, shareholder or beneficiary of EDIP-Vacant Storefront Credit…....VACSTR* is not necessary. the taxpayer or (iii) to share with taxpayer affili- Employer Wellness. . . . . . . . . . . . . EMPWLL ates. The Brownfields Credit, Film Incentive Overview of Schedule CMS Credit, or Medical Device Credit should never be EOAC . . . . . . . . . . . . . . . . . . . . . . . EOACCR The following is a brief overview of the Schedule included in Section 3. Film Incentive . . . . . . . . . . . . . . . . . FLMCRD* CMS sections and where certain credits should Note: Do not report the Brownfields Credit, Film be reported. If a taxpayer is using a credit to re- Harbor Maintenance. . . . . . . . . . . . HRBMNT Incentive Credit, and Medical Device Credit in this duce a taxpayer’s current year tax liability, Historic Rehabilitation . . . . . . . . . . HISRHB section because these credits are issued new cer- whether it is a non-refundable credit or a refund- Investment Tax . . . . . . . . . . . . . . . . INVTAX tificate numbers from the DOR when they are re- able credit, the credit should be reported in Sec- tion 1 or 3 of the Schedule CMS. Only a ceived from a pass-through entity or a credit Life Science (FDA) . . . . . . . . . . . . . LFSFDA* refundable credit that the taxpayer is seeking a re- transfer. These credits should always be reported Life Science (ITC). . . . . . . . . . . . . . LFSITC* fund for should be reported in either Section 2 or in Section 1, unless the taxpayer is requesting a 4 of the Schedule CMS. Generally, a credit should refund of the Film Incentive Credit. Life Science (Jobs). . . . . . . . . . . . . LFSJOB* only be reported in one section on the Schedule Life Science (RD) . . . . . . . . . . . . . . LFSRDC Section 4. Refundable Credits CMS unless a portion of it is being used to offset Low-Income Housing. . . . . . . . . . . LOWINC a tax and a portion is being refunded. Received from Massachusetts K-1 Schedules Low-Income Housing Donation . . . LIHDON Section 1. Non-Refundable Credits Section 4 is for reporting credits the taxpayer re- Medical Device . . . . . . . . . . . . . . . . MEDDVC Section 1 is for reporting credits the taxpayer is ceived on a Massachusetts K-1 schedule (SK-1, Research. . . . . . . . . . . . . . . . . . . . . REARCH* using (i) to offset or reduce the taxpayer’s total 2K-1 or 3K-1) and that the taxpayer is using to tax due (ii) to pass to any partner, shareholder or request a refund. The Film Incentive Credit should Vanpool . . . . . . . . . . . . . . . . . . . . . VANPOL beneficiary of the taxpayer or (iii) to share with never be included in Section 4. For each refund- Veteran’s Hire . . . . . . . . . . . . . . . . . VETHIR taxpayer affiliates. The Brownfields Credit, Film able credit, report the amount of the credit avail- *These credits may be partially or fully refund- Incentive Credit, or Medical Device Credit should able after taking into consideration any amount of able. See Schedule CMS instructions for further always be included in Section 1, unless the tax- the credits that may have been used to offset a information. payer is requesting a refund of the Film Incentive tax or shared as reported in Section 3 of this Credit. However, a taxpayer that received a credit schedule. Enter the amount by which the available Note: Certified life sciences companies with a Re- on a Massachusetts K-1 schedule from a pass- credit balance is being reduced and the amount search Credit exceeding the amount of credit that may be claimed under MGL ch 63, § 38M for a |
8 taxable year may, to the extent authorized under agreements with each apprentice for whom the Certified Housing Development Tax Credit the Life Sciences Tax Incentive Program, elect to credit is claimed, and the apprentice must be em- Taxpayers subject to tax under MGL ch 63 that make 90% of the balance of remaining credits re- ployed for at least 180 calendar days in the tax- invest in housing development projects in Mass- fundable. See MGL ch 63, § 38M(j). able year in which the credit is claimed. A achusetts may be eligible to claim the Certified business corporation claiming the credit in a tax- Housing Development Credit (CHDC) in an Credit Recapture Schedule able year may also be eligible for a credit in the amount up to 25% of the costs of qualified pro- The Credit Recapture Schedule (CRS), which subsequent taxable year, provided that the Divi- ject expenditures as defined in MGL ch 40V, § 1. eliminates Schedule RF, lists each credit for which sion of Apprentice Standards again certifies that Eligibility for and the amount of CHDC awarded a recapture calculation must be made. the apprentice remains employed as an appren- are determined and administered by the Depart- Certain Massachusetts tax credits are subject to tice during the subsequent taxable year. ment of Housing and Community Development recapture as specified in the statute authorizing The ATC is not transferrable but is refundable. (DHCD). The CHDC is not refundable, but unused the credit (e.g. the investment tax credit is subject The ATC is available for tax years beginning on or amounts may be transferred or carried forward to recapture under MGL ch 63, § 31A(e) if an asset after January 1, 2019. See TIR 18-13 for further for 10 years. See TIRs 16-15, 10-15, and 10-14 for which the credit was taken is disposed of be- information. for further information. fore the end of its useful life). Recapture may also To claim the ATC, enter the ATC certificate num- To claim the CHDC, enter the CHDC certificate be triggered if the corporation no longer qualifies ber and the amount of ATC using credit code AP- number and the amount of CHDC using credit for the credit (as when a manufacturing corpora- PCRD on Schedule CMS. code CRTHOU on Schedule CMS. tion ceases to qualify as such or a corporation’s status as a Life Sciences Company is terminated Brownfields Tax Credit Community Investment Tax Credit as discussed in TIR 13-6.) Taxpayers subject to tax under MGL ch 63 and Taxpayers subject to tax under MGL ch 63 may If a recapture calculation is required, the amount nonprofit organizations may be eligible to claim a be able to claim a Community Investment Tax of the credit allowed is redetermined and the re- Brownfields Tax Credit (BTC) for amounts ex- Credit (CITC) for cash contributions made to a duction in the amount of credit allowable is re- pended to clean up contaminated property in community partner to support implementation of captured to the extent the credit was taken or Massachusetts in an amount equal to either 25% its community investment plan, or to a commu- used in a prior year. See DD 89-7. Taxpayers who or 50% of the cost. The cleanup must begin on nity partnership fund. The CITC is equal to 50% have a recapture calculation must complete this or before August 5, 2023, and costs must be in- of the total contribution made by the taxpayer and schedule whether or not a recapture tax is deter- curred before January 1, 2024, and equal or ex- cannot be claimed for contributions of less than mined to be due. ceed 15% of the assessed value of the property $1,000. The Department of Housing and Commu- before the beginning of the cleanup. Contami- nity Development (DHCD) is responsible for de- For credits tracked by certificate numbers, enter nated properties must be owned or leased for termining which contributions qualify for the CITC each certificate number and the associated cred- business purposes, reported to the Massachu- and the actual amount of the CITC awarded. The its separately. For credits not tracked by certificate setts Department of Environmental Protection CITC is not transferrable. However, the CITC is re- number, enter credits separately by type and the (DEP), cleaned up in compliance with DEP’s stan- fundable, or, alternatively, may be carried forward year to which they relate. List only those credits dards, and located in an economically distressed for 5 years. For further information, see 760 CMR and certificate numbers or tax years for which a area identified by DEP. Unused portions of BTC 68.00, 830 CMR 62.6M.1, and TIRs 16-15, 13- reduction in the credit is being calculated. may be carried forward for the next 5 years. If a 15, and 12-10. For more information and examples, see the BTC recipient does not maintain the property in To claim the CITC, enter the CITC certificate num- Credit Recapture Schedule instructions. compliance with standards set out by DEP, the ber and the amount of CITC using credit code credit may be recaptured. The BTC is not refund- CMMINV on Schedule CMS. Brief Summary of Available Credits on able. For taxpayers subject to a minimum excise Schedule CMS under MGL ch 63, the BTC cannot reduce the ex- Conservation Land Tax Credit The following are brief summaries describing the cise due below the minimum amount. The BTC is Taxpayers subject to tax under MGL ch 63 that specific credits that may be available to a taxpayer also subject to the 50% limitation for taxpayers make qualified donations of certified land to a subject to tax under MGL ch 63 and that must be subject to tax under MGL ch 63, § 39. public or private conservation agency in Mass- claimed on a Schedule CMS. achusetts may be eligible for a Conservation Land The BTC may be transferred, sold or assigned to Tax Credit (CLTC). The Executive Office of Energy Apprenticeship Tax Credit another taxpayer with a liability under MGL ch 62 and Environmental Affairs (EEA) ultimately deter- Businesses corporations subject to tax under or 63, or to a nonprofit organization. A taxpayer mines which donations qualify for CLTC and the MGL ch 63 that employ qualified apprentices may must complete a Form BCA, Brownfields Credit actual amount of CLTC attributable to the dona- be eligible for an Apprenticeship Tax Credit (ATC). Application, and submit it to DOR. If approved, tion. The CLTC is equal to 50% of the fair market The credit is equal to the lesser of $4,800 or 50% DOR will issue a certificate reflecting the amount value of the donated certified land but may not of the wages paid by the business to each quali- of the BTC awarded. The party receiving the BTC exceed $75,000. The CLTC is refundable but is fied apprentice it hires. Business corporations are must include the certificate number with each tax not transferable. Taxpayers who claim CLTC may eligible for up to $100,000 in credits each calen- return in which the credits are being applied. BTC not claim any other credit or deduction in the dar year. To claim the credit, the primary place of application forms, including Form BCA, and addi- same tax year for the costs related to the same employment of the apprentice must be in Mass- tional information are available at mass.gov/dor. donated, certified land. For further information, achusetts, the business corporation employing To claim the BTC, enter the BTC certificate num- see 301 CMR 14.00, and 830 CMR 62.6.4. the apprentice must register with the Division of ber and the amount of BTC using credit code BR- Apprentice Standards as an apprenticeship pro- WFLD on Schedule CMS. gram sponsor and enter into apprenticeship |
9 To claim the CLTC, enter the CLTC certificate completed Schedule EOAC and Schedule CMS EDIP Credit for Projects Certified on or number and the amount of CLTC using credit with the return. after January 1, 2017 code CNSLND on Schedule CMS. The EDIPC provisions were significantly changed Economic Development Incentive Program for projects certified on or after January 1, 2017. Dairy Farm Tax Credit Credit for Projects Certified on or After For projects certified by the EACC on or after Jan- Massachusetts dairy farmers taxable under MGL January 1, 2010 and Before January 1, uary 1, 2017, the EDIPC for taxpayers subject to ch 63 may be eligible for a Dairy Farm Tax Credit 2017 tax under MGL ch 63 is determined by the EACC (DFTC) based on the amount of milk produced For projects certified by the EACC on or after Jan- based on numerous factors set forth in MGL ch and sold during the taxable year when the cost of uary 1, 2010 and before January 1, 2017, the 23A § 3D. The EACC may award a refundable milk drops below a price based on federal stan- Economic Development Incentive Program Credit EDIPC to any certified project. Unless the EDIPC dards. The dairy farmer must have a certificate of (EDIPC) is available to taxpayers subject to tax awarded is refundable, the EDIPC may not offset registration as a Massachusetts dairy farm from under MGL ch 63 with respect to certified pro- more than 50% of the excise due. Carryover of the Massachusetts Department of Agricultural jects as defined under MGL ch 23A. The EDIPC is unused EDIPC is available only to the extent Resources (MDAR). The total amount of DFTC equal to a percentage of the cost of qualifying authorized by the EACC. Recapture is required granted through the program cannot exceed property purchased by a certified project for busi- only if the EACC revokes the certification of a pro- $6,000,000 in any year. The DFTC is refundable ness use within Massachusetts. As part of the ject. The EDIPC is not transferable. For taxpayers but is not transferrable. project certification, the EACC may (but is not re- subject to a minimum excise under MGL ch 63, To claim the DFTC, enter the MDAR-issued cer- quired to) award a credit under the program and the EDIPC may not reduce the excise due below tificate number and the amount of DFTC from the determine the percentage of the cost of the prop- the minimum amount. See TIRs 16-15 and 10-01 MDAR’s Dairy Farmer Certified Tax Credit State- erty to be used to determine the credit. In addi- for further information. ment using credit code DAIFRM on Schedule tion, the EACC may award an EDIPC that is CMS. refundable. To qualify for the EDIPC, the qualify- To claim the EDIPC, complete Schedule EDIP and ing property must be used exclusively in the cer- enter the amount of EDIPC using credit code Economic Opportunity Area/Economic tified project in Massachusetts and must meet the EDIPCR on Schedule CMS. Also, enter the EACC- Development Incentive Program Credits same tests imposed for the 3% ITC. issued certificate number on Schedule CMS. In- clude both the completed Schedule EDIP and Economic Opportunity Area Credit Unless the EDIPC awarded is refundable, the Schedule CMS with the return. Taxpayers subject to tax under MGL ch 63 that credit may not offset more than 50% of the tax participated in projects certified by the Economic due. Carryover of unused EDIPC is available only EDIP Credit for Vacant Storefronts Assistance Coordinating Council (EACC) before to the extent authorized by the EACC. The EACC Effective January 1, 2019, awards of EDIPC are January 1, 2010 and in effect through December may, in consultation with DOR, limit (but not ex- also available as a Vacant Storefront Credit (VSC) 31, 2016, may be eligible to claim an Economic pand) the EDIPC to a specific dollar amount or to taxpayers subject to tax under MGL ch 63 that Opportunity Area Credit (EOAC) equal to 5% of time duration or in any other manner deemed ap- occupy vacant storefronts in downtown areas the cost of qualifying property purchased for propriate by the EACC. St. 2009, c. 166, § 18. For that have been designated as Certified Vacant business use within a certified project within an example, the EACC may limit the EDIPC available Storefront Districts. To claim the VSC a taxpayer Economic Opportunity Area (EOA). A certified with respect to a particular project to a specific must apply for and obtain certification from the project is a project approved by the EACC. To dollar maximum, even if the actual dollar amount EACC and must commit to occupy the vacant qualify for the EOAC, the property must be used of the qualifying purchases would otherwise gen- storefront for not less than 1 year. The taxpayer exclusively by the certified project in an EOA and erate a higher credit amount. Similarly, the EACC does not need to invest in improvements or cre- must meet the same tests imposed for the 3% may limit the otherwise applicable credit carry ate new jobs to claim the VSC. The EACC awards Investment Tax Credit (ITC) (see ITC summary forward period provided by MGL ch 63, § 38N(d). the VSC on a competitive basis, taking into ac- below). The EOAC cannot offset more than 50% The EDIPC may be subject to recapture if a tax- count the factors set forth in MGL ch 23, § 3C. of the tax due. Any unused EOAC may be carried payer’s business is decertified by the EACC, or a The amount of VSC available to taxpayers occu- forward for 10 years, while credits not used be- taxpayer stops using the qualifying property in a pying vacant storefronts is limited to $500,000 in cause of the 50% limitation may be carried over certified project before the end of the property’s a calendar year. indefinitely. The EOAC may be subject to recap- useful life. The EDIPC is not transferable. For tax- The VSC is not transferrable but is refundable. For ture if a taxpayer’s business is decertified by the payers subject to a minimum excise under MGL additional information about the credit, contact EACC, or a taxpayer stops using the qualifying ch 63, the EDIPC may not reduce the excise due the Massachusetts Office of Business Develop- property in a certified project before the end of below the minimum amount. See TIRs 16-15, 14- ment at 617-973-8600. the property’s useful life. The EOAC is neither re- 13, 10-15, and 10-1 for further information. To claim the VSC, enter the amount of the VSC fundable nor transferrable. For taxpayers subject To claim the EDIPC, complete Schedule EDIP and using credit code VACSTR on Schedule CMS. to a minimum excise under MGL ch 63, the EOAC enter the amount of EDIPC using credit code Also, enter the EACC-issued certificate number on may not reduce the excise due below the mini- EDIPCR on Schedule CMS. Also, enter the EACC- Schedule CMS. mum amount. The EOAC is not available to certi- issued certificate number on Schedule CMS. In- fied projects that were certified by the EACC on clude both the completed Schedule EDIP and Employer Wellness Credit or after January 1, 2010. See TIRs 16-15 and 10- Schedule CMS with the return. The Employer Wellness Credit (EWC) program 01 for further information. expired on December 31, 2017 and no new EWC To claim the EOAC, complete Schedule EOAC and amounts are being awarded. However, remaining enter the amount of EOAC using credit code credits awarded for the 2015 through 2017 tax EOACCR on the Schedule CMS. Include both the |
10 years and carried over by a taxpayer may be ap- To claim the FIC, enter the FIC certificate number To claim the HRTC, enter the HRTC certificate plied in the 2020 tax year. and the amount of FIC using credit code FLMCRD number and the amount of HRTC using credit Effective for tax years beginning on or after Janu- on Schedule CMS. Supporting documentation code HISRHB on Schedule CMS. Supporting doc- ary 1, 2013, a taxpayer subject to tax under MGL must be available to DOR upon request. Certifi- umentation must be enclosed with the return or ch 63 that employed 200 or fewer workers was cate application forms and additional information the HRTC may be disallowed. For further infor- eligible for the EWC for up to 25% of its costs as- are available at mass.gov/dor. mation on documentation see the Transfer/Sale HRC: Historic Rehabilitation Credit Certificate sociated with implementing a “certified wellness Harbor Maintenance Tax Credit Form and Allotment Schedule HRC: Historic Re- program” for its employees. Prior to the EWC Business corporations subject to tax under MGL habilitation Credit Summary Form. program’s expiration on December 31, 2017, a ch 63 that have paid certain federal harbor main- taxpayer could claim the EWC by applying to the tenance taxes under IRC § 4461 may be eligible Investment Credit Department of Public Health (DPH) to certify its to claim the Harbor Maintenance Tax Credit Taxpayers subject to tax under MGL ch 63, § 39 wellness program. The amount of the credit (HMTC). A corporation is eligible for the HMTC may be eligible to claim the Investment Tax Credit available to be claimed could not exceed $10,000 only for federal harbor maintenance taxes paid (ITC). To claim the ITC, a corporation must qualify in any tax year and the credit was not refundable. that are attributable to the shipment of break-bulk as a manufacturing or research development cor- A taxpayer may carry forward any unused portion or containerized cargo by sea and ocean-going poration under MGL ch 63, § 42B, or be princi- of the EWC for up to 5 taxable years. For tax- vessels through a Massachusetts harbor facility. pally engaged in agriculture or commercial payers subject to a minimum excise under MGL The HMTC is neither refundable nor transferrable. fishing. Such corporations may earn a credit ch 63, the EWC may not reduce the excise due The HMTC may not reduce the corporate excise equal to 3% of the cost of “qualifying tangible below the minimum amount. due below the minimum amount but is not sub- property” acquired, constructed, reconstructed, Since the EWC program expired on December 31, ject to the 50% limitation imposed by MGL ch 63, or erected during the taxable year. “Qualifying 2017, a taxpayer may only claim a previously § 32C. Any unused portion of the HMTC may be tangible property” includes tangible property, awarded EWC that was carried over to subse- carried forward for the next 5 tax years. See TIR buildings, and structural components acquired by quent tax years. Information about the criteria 97-4 and Schedule HM instructions for further in- purchase (as defined in IRC § 179(d)) that is used DPH utilized for authorizing and certifying the formation. and located in Massachusetts on the last day of EWC may be found in DPH’s “Massachusetts To claim the HMTC, complete Schedule HM and the taxable year, and is depreciable under IRC § Wellness Tax Credit Incentive” regulation, 105 enter the amount of HMTC using credit code 167 with a useful life of four years or more. Any CMR 216.000. HRBMNT on Schedule CMS. Include both the unused portion of the credit may be carried for- To claim the EWC, enter the amount of EWC completed Schedule HM and Schedule CMS with ward for 3 tax years after the credit was earned, using credit code EMPWLL on Schedule CMS. the return. while credits not used because of the 50% limita- tion may be carried over indefinitely. The ITC may Also, enter the DPH issued certificate number on Historical Rehabilitation Credit be recaptured if the eligible property for which the Schedule CMS. Taxpayers subject to tax under MGL ch 63 that ITC is claimed is disposed of or ceases to be in Film Incentive Credit have made qualified expenditures in the rehabili- qualified use prior to the end of its useful life (as Motion picture production companies subject to tation of a qualified historic structure may be eli- determined by the property’s depreciation period tax under MGL ch 63 may be eligible to claim the gible to claim a Historic Rehabilitation Tax Credit for federal tax purposes). The ITC is neither re- Film Incentive Credit (FIC) for certain payroll and (HRTC). The HRTC may be claimed for up to 20% fundable nor transferrable. The ITC may not re- production expenses. Production companies that of the taxpayer’s rehabilitation expenditures made duce the corporate excise due below the incur at least $50,000 of production costs in in substantially rehabilitating a historic structure minimum amount, nor may the amount of the Massachusetts are eligible for a credit equal to that has received final certification from the credit exceed 50% of the taxpayer’s liability. 25% of the total Massachusetts payroll for the Massachusetts Historical Commission and placed To claim the ITC, complete Schedule H and enter production, excluding salaries of $1 million and into service (where occupancy of the entire struc- the amount of ITC using credit code INVTAX on higher. In addition, production companies whose ture or some identifiable portion of it is permit- Schedule CMS. Include both the completed Massachusetts production expenses exceed 50% ted). Unused portions of HRTC may be carried Schedule H and Schedule CMS with the return. of the total production cost may receive a credit forward for the following 5 tax years. The HRTC equal to 25% of the total Massachusetts produc- may be transferred or sold to another taxpayer Life Sciences Refundable FDA User Fees tion expense. The FIC may be applied to reduce a but is not refundable. HRTC awards also may be Tax Credit taxpayer's liability (including the minimum ex- transferred to other qualifying taxpayers that ac- Certified life sciences companies subject to tax cise), reduced by any other available credits, after quire a historic structure, as long as certain crite- under MGL ch 63, to the extent authorized by the which 90% of any remaining credits may be re- ria are met. Any HRTC claimed by the taxpayer Life Sciences Tax Incentive Program, may be eli- funded to the taxpayer. Subject to certain condi- may be subject to recapture if the taxpayer dis- gible to claim a Life Sciences Refundable FDA tions, unused FIC may be carried over, refunded, poses of its interest in the structure within 5 years User Fees Tax Credit. The credit is equal to 100% or transferred by the taxpayer for the following 5 of its placement into service. HRTC awards how- of the user fees paid on or after June 16, 2008, to tax years. FIC transferees may carry forward un- ever are not subject to recapture. For taxpayers the US Food and Drug Administration (FDA) upon used FIC for the 5 tax years subsequent to the subject to the corporate excise, the HRTC is not submission of an application to manufacture a first tax year the FIC was allowed to the initial FIC subject to the 50% limitation under MGL ch 63, § human drug in Massachusetts. The credit may be transferor. The FIC is not refundable to the trans- 32C but may not reduce the excise below the claimed in the tax year in which the application feree. See TIR 07-15 for further information. minimum amount. For further information, see for licensure of an establishment to manufacture 830 CMR 63.38R.1 and TIRs 16-15 and 10-11. the drug is approved by the FDA. To be eligible for the credit, more than 50% of the research and |
11 development costs for the drug must have been (LSRITC) equal to 10% of the cost of qualifying housing projects will qualify for the LIHTC, which incurred in Massachusetts. Certified life sciences property acquired, constructed, reconstructed, or properties may generate an LIHTC for investors, companies may use the FDA user fees credit to erected and used exclusively in Massachusetts. If and ultimately allocates the amount of credit a reduce their tax to zero. At the option of the tax- the LSRITC exceeds the tax due, 90% of the bal- taxpayer may claim based on a total pool of payer and to the extent authorized pursuant to the ance of the LSRITC may, at the option of the tax- $20,000,000. The LIHTC may be claimed in the Life Sciences Tax Incentive Program, where the payer and to the extent authorized pursuant to the year that a “qualified Massachusetts project” is credit exceeds the tax due, 90% of the balance of Life Sciences Tax Incentive Program, be refund- placed in service and for each of the four subse- the excess credit is refundable. A life sciences able to the taxpayer for the tax year in which the quent taxable years. The properties must also company claiming the credit may not also deduct qualified property giving rise to the LSRITC is meet the requirements established by Massachu- FDA user fees for which the credit is claimed on placed in service. If the taxpayer does not opt to setts and federal laws, and be owned by a tax- its return. In the event a company’s certification make the LSRITC refundable, then the LSRITC payer who enters into a regulatory agreement as a life sciences company is revoked, the recap- may be carried forward for up to 10 years. Certi- with DHCD. ture of credit may be required. The credit is not fied life sciences companies qualifying for the Any unused LIHTC may be carried forward for the transferrable. For further information, see TIRs Economic Development Incentive Program Credit next 5 tax years. Alternatively, unused credits may 13-6 and 08-23. (EDIPC) may only take the EDIPC to the extent of be transferred. If an event or circumstance occurs To claim the credit, complete a Schedule RLSC an additional 2% of the cost of the qualifying that results, or would have resulted, in the recap- and enter the amount of the credit using credit property. In the event a company’s certification as ture of any portion of a federal Low Income Hous- code LFSFDA on the Schedule CMS. a life sciences company is revoked, the recapture ing Credit, then the Massachusetts LIHTC may of the LSRITC may be required. The LSRITC is also be subject to recapture. The LIHTC is not re- Life Sciences Refundable Investment Tax not transferrable. For certified life sciences com- fundable. Credit panies subject to a minimum excise, the LSRITC Certified life sciences companies subject to tax cannot reduce the amount of the excise due to For taxpayers subject to a minimum excise under under MGL ch 63, to the extent authorized by the less than the minimum amount. For further infor- MGL ch 63, the LIHTC may not reduce the excise Life Sciences Tax Incentive Program, may claim mation, see TIRs 13-6 and 08-23. due below the minimum amount. a Life Sciences Refundable Investment Tax Credit To claim the LIHTC, enter the LIHTC certificate (LSRITC) equal to 10% of the cost of qualifying Life Sciences Research Tax Credit number and the amount of LIHTC using credit property acquired, constructed, reconstructed, or Certified life sciences companies subject to tax code LOWINC on Schedule CMS. Supporting erected and used exclusively in Massachusetts. If under MGL ch 63, to the extent authorized by the documentation must be enclosed with the return the LSRITC exceeds the tax due, 90% of the bal- Life Sciences Tax Incentive Program, may claim or the LIHTC may be disallowed. For further in- ance of the LSRITC may, at the option of the tax- a Life Sciences Research Tax Credit (LSRTC) for formation on documentation see the Transfer payer and to the extent authorized pursuant to the certain expenditures that do not qualify for the LIHC: Low-Income Housing Credit Statement Life Sciences Tax Incentive Program, be refund- MGL ch 63, § 38M Research Tax Credit (RC). The Form and Allotment Schedule LIHC: Low-Income able to the taxpayer for the tax year in which the LSRTC generally is calculated in the same man- Housing Credit Summary Form. For further infor- qualified property giving rise to the LSRITC is ner as the RC, but may also include expenditures mation regarding this credit, contact DHCD, Divi- placed in service. If the taxpayer elects to make for research related to legally mandated clinical sion of Private Housing, at (617) 727-7824. the LSRITC refundable, then the carryover provi- trial activities performed both inside and outside sions for this credit that would otherwise apply of Massachusetts. Unlike the RC, the LSRTC is Low Income Housing Donation Tax Credit shall not be available. Certified life sciences com- not refundable for certified life sciences compa- Taxpayers subject to tax under MGL ch 63 that panies qualifying for the Economic Development nies. See the Research Credit summary below. make a “qualified donation” of real or personal Incentive Program Credit (EDIPC) may only take The LSRTC is not transferrable. However, unused property to certain non-profit entities for use in the EDIPC to the extent of an additional 2% of the portions of the LSRTC may be carried forward for purchasing, constructing or rehabilitating a “qual- cost of the qualifying property. In the event a 15 years. In the event of the revocation of a com- ified Massachusetts project” may be eligible to company’s certification as a life sciences com- pany’s certification as a life sciences company or claim a Low Income Housing Donation Tax Credit pany is revoked, the recapture of the LSRITC may other disqualifying events, the LSRTC may be (LIHDTC). This credit operates in a similar man- be required. The LSRITC is not transferrable. For subject to recapture. For certified life sciences ner to the Low Income Housing Tax Credit certified life sciences companies subject to a min- companies subject to a minimum excise, the (LIHTC), but the LIHDTC is limited to 50% of the imum excise, the LSRITC cannot reduce the LSRTC cannot reduce the amount of the excise amount of the “qualified donation,” which may be amount of the excise due to less than the mini- due to less than the minimum amount. For fur- increased to 65% by the Department of Housing mum amount. For further information, see TIRs ther information, see TIRs 13-6 and 08-23. and Community Development (DHCD). In addi- 13-6 and 08-23. To claim the LSRTC, complete a Schedule RLSC tion, the LIHDTC may only be claimed in the year To claim the LSRITC, complete a Schedule RLSC and enter the amount of LSRTC using credit code that the “qualified donation” is made. However, and enter the amount of LSRITC using credit LFSRDC on Schedule CMS. any unused LIHDTC may be carried forward for the next 5 years. DHCD determines eligibility and code LFSITC on Schedule CMS. Low Income Housing Tax Credit ultimately allocates the LIHDTC a taxpayer may Life Sciences Refundable Jobs Tax Credit Taxpayers subject to tax under MGL ch 63 who claim based on a total pool of $20,000,000 Certified life sciences companies subject to tax invest in a qualified low-income housing project shared with the LIHTC. Only one-fifth of awarded under MGL ch 63, to the extent authorized by the located in Massachusetts may be eligible for the LIHDTC will count towards this pool. The LIHDTC Life Sciences Tax Incentive Program, may claim Low Income Housing Tax Credit (LIHTC). The De- is not refundable but is transferrable in the same a Life Sciences Refundable Investment Tax Credit partment of Housing and Community Develop- manner as the LIHTC. ment (DHCD) determines which low-income |
12 The property must also meet the requirements but only if the services were performed for re- POL on Schedule CMS. Include both the com- established by Massachusetts and federal laws search purposes or the supplies were used to pleted Schedule VP and Schedule CMS with the and be owned by an owner who enters into a reg- conduct research in Massachusetts. The RC return. ulatory agreement with DHCD. If an event or cir- amount is limited to the first $25,000 of excise cumstance occurs that results, or would have due, plus 75% of any excise due in excess of Veteran’s Hire Tax Credit resulted, in the recapture of any portion of a fed- $25,000. The RC is neither refundable nor trans- Businesses subject to tax under MGL ch 63 that eral Low Income Housing Credit, then the Mass- ferrable. Business corporations subject to a mini- hire veterans who live and work in Massachusetts achusetts LIHDTC may also be subject to mum excise under MGL ch 63 cannot use the RC may be eligible for a Veteran’s Hire Tax Credit recapture. For taxpayers subject to a minimum to reduce their tax due to below the minimum (VHTC). The credit is equal to $2,000 for each excise under MGL ch 63, the LIHDTC may not re- amount. However, credits in excess of the tax- qualified veteran hired. The business must em- duce the excise due below the minimum amount. payer’s liability may be carried over for 15 years, ploy fewer than 100 employees; be certified by To claim the LIHDTC, enter the LIHDTC certificate while credits not used because of the 75% rule the Commissioner of Veteran’s Services; and number and the amount of LIHDTC using credit may be carried over indefinitely. The deduction al- qualify for and claim the federal Work Opportunity code LIHDON on Schedule CMS. Supporting doc- lowed to a corporation for any research expenses Credit allowed under IRC § 51. A business may umentation must be enclosed with the return or generating an RC must be reduced by the amount be eligible for a second VHTC for the next taxable the LIHDTC may be disallowed. For further infor- of RC generated. This amount is added back to year if the veteran continues to work for the busi- mation on documentation see the Transfer LIHC: income on Schedule E, line 13. ness. In order to claim the VHTC, the primary place of employment and the primary residence Low-Income Housing Credit Statement Form and Certified life sciences companies that have an RC of the qualified veteran must be in Massachu- Allotment Schedule LIHC: Low-Income Housing that exceeds the amount of the credit that may be setts, and the business corporation must obtain Credit Summary Form. For further information re- claimed under MGL ch 63, § 38M for a taxable certification that the veteran is a qualified veteran, garding this credit, contact DHCD, Division of Pri- year may, to the extent authorized under the Life as defined in IRC § 51(d)(3), from the Depart- vate Housing, at (617) 727-7824. Sciences Tax Incentive Program, elect to make ment of Career Services, no later than the em- 90% of the balance of the remaining credits re- ployee’s first day of work. Medical Device Tax Credit fundable. See TIR 08-23, section 5. Medical Device Companies taxable under MGL ch The VHTC is neither refundable nor transferrable. 63 may be eligible to claim a Medical Device Tax To claim the RC, complete Schedule RC and enter Any amount of VHTC that exceeds the tax due in Credit (MDTC). The MDTC is equal to 100% of the amount of RC using credit code REARCH on the current taxable year may be carried forward the user fees actually paid by the medical device Schedule CMS. Include both the completed to any of the 3 subsequent taxable years. The company to the United States Food and Drug Ad- Schedule RC and Schedule CMS with the return. VHTC is available for qualified veterans hired after ministration (FDA). To qualify for the MDTC, the Vanpool Credit July 1, 2017. A business subject to a minimum user fees must be paid during the tax year for Business corporations subject to tax under MGL excise under MGL ch 63 cannot use the credit to which the tax is due for pre-market submissions ch 63 may be eligible for a Vanpool Credit (VPC) reduce its tax due to below the minimum amount. (e.g., applications, supplements, or 510(k) sub- equal to 30% of the cost incurred during the tax- See TIR 17-10 for further information. missions) to market new technologies developed able year for the purchase or lease of company To claim the VHTC, enter the VHTC certificate or manufactured in Massachusetts. The MDTC shuttle vans used by the corporation in an em- number and the amount of VHTC using credit may not be carried forward to subsequent tax ployer-sponsored ride sharing program in Mass- code VETHIR on Schedule CMS. years. The MDTC is not refundable. However, un- achusetts. The company shuttle vans must be used portions of the MDTC may be transferred to situated in Massachusetts on the last day of the Schedule U-CS a purchasing company, who may carry over the corporation's taxable year and used to bring em- A taxable member of a combined group which MDTC but must use it within 5 years of the is- ployees from their homes to their jobs or stu- has available credits which it cannot use may suance of the certificate. The purchasing com- dents from a public transportation facility to a share credits generated by the unitary business pany may not transfer the MDTC. The MDTC may school campus in Massachusetts. The amount of with other members of the combined group pro- not reduce the purchasing company’s corporate VPC will be prorated for property disposed of or vided such other members (a) are eligible to take excise due below the minimum excise. no longer having a qualified use prior to the end the credit and (b) filed a combined report under To claim the MDTC, enter the MDTC certificate of the tax year. Additionally, the VPC will be re- 830 CMR 63.32B.2 with the corporation that has number and the amount of MDTC using credit captured if the property on which the VPC has the credit for the year to which the credit relates code MEDDVC on Schedule CMS. Certificate ap- been taken is disposed of or the property ceases (note that this precludes corporations sharing plication forms and additional information are to be in qualified use prior to the end of its useful credits from years beginning before January 1, available at mass.gov/dor. life. No recapture is necessary if the property has 2009, but corporations may also continue to been in qualified use for more than 4 consecutive share certain credits that were eligible to be Research Credit years. The VPC is neither refundable nor trans- shared under prior law (see 830 CMR 63.32B.2 Business corporations subject to an excise under ferrable. For corporations subject to the corporate (9)(c)(2)). The total amount of such shared cred- MGL ch 63 that incur “qualified research ex- excise, the VPC may not reduce the corporate ex- its is reported on Schedule U-ST. penses” and “basic research payments” may be cise due below the minimum amount, nor may Schedule U-IC able to claim a Research Tax Credit (RC). The RC the amount of VPC allowable in any one tax year Summarizes the credits taken (including shared closely parallels the federal research credit. Gen- exceed 50% of the corporation’s corporate excise credits) by type of credit for purposes of applying erally, “qualified research expenses” include liability. the various limitations on the amount of each wages paid to employees, a portion of wages paid to contractors, and amounts paid for supplies, To claim the VPC, complete Schedule VP and credit that may be taken. enter the amount of VPC using credit code VAN- |
13 Schedule CG payer. The separate non-income measure return, Unless the S corporation has a different taxable The payments made by group members are re- if required, must include Schedules A, B, and year than the taxable year for the combined report ported here. This schedule reconciles all payments Schedule C, D or RNW along with any supporting (and Form 355S is therefore also being filed to de- made by all members of the group towards the schedules required for some entries as referenced termine and pay the non-income measure of ex- excise shown on the combined report. on Schedule A. A corporation that would be eligi- cise), the taxpayer should not complete Schedules ble to apportion its income based on its own sep- A, B, C, D, E and RNW with Form 355S. In these Schedule TDS arate activities (i.e., the corporation would be cases, no excise is due with Form 355S. Schedule Taxpayers whose Massachusetts returns take po- taxable on its income in another state under F may be required on the part of an S corporation sitions inconsistent with the positions taken in an- Massachusetts law without regard to the activities if the income of the corporation is subject to ap- other state where the governing law is the same of the other combined group members) must portionment and there are non-resident share- in all material respects are required to disclose also complete Schedule F as if it were not subject holders. Note that financial institutions that are S those positions. Taxpayers who fail to disclose to combined reporting in order to determine its corporations, although not subject to a non-in- such a position are subject to a penalty of 100% non-income measure. come measure of excise, must file Form 63-FI for of any understatement of tax due to the inconsis- the purpose of calculating distributive income and tent position and such penalty is in addition to any Where a corporation that is subject to combined other penalty that may be due. reporting files a separate return to report its non- also must submit Schedules S and SK-1. income measure, it is not to report any income In addition, taxpayers who underpay their tax lia- on that form. Schedule E is not required with the bility due to (a) either negligence or disregard of separate return unless the taxpayer has income Line by Line the tax laws of the commonwealth or (b) where from a source other than a unitary business that there is a substantial understatement (the greater is to be reported on a separate company basis. In Instructions of 10% of the tax required to be shown on the re- the latter such cases, the corporation is to report Line 1 turn or $1,000) are liable for a penalty of 20% of on Form 355 or 355S, Schedule E only the in- Check one box only. A financial group is a com- the amount of the underpayment. For purposes come that is not included in the combined report bined group all of whose members, including of determining the amount of the penalty, the and is to allocate or apportion such income with- members not taxable on their income in Mass- amount of the deficiency subject to the substan- out regard to the combined reporting provisions. achusetts, are entities that are financial institu- tial understatement provision will be reduced by any portion of the understatement attributable to A member required to file a separate return to re- tions within the meaning of MGL ch 63, § 1. A a position supported by substantial authority or if port its non-income measure may claim one or non-financial group is a combined group none of the relevant facts are adequately disclosed in the more credits against its excise as reported on that whose members, including non-taxable mem- return and there is a reasonable basis for the re- return, entering the credits claimed on Schedule bers, are financial institutions. A mixed group is turn position. CMS of Form 355, 63-FI or 355S. In the case of any combined group that includes at least one such members, the supporting schedules for member that is a financial institution and at least Enclosing Schedule TDS with the return under- credits calculated on an aggregated basis (e.g., one member that is not a financial institution. stating the tax liability is one of the methods avail- the research credit that can be claimed under able to a taxpayer to make disclosure of such MGL ch 63, § 38M) are to be determined based Line 2 positions taken on the return. See TIR 06-05 for on the combined group’s tax year and the sched- Check one box only. If the combined group is more information on applicable penalties and dis- ules claiming these credits are to be submitted making no affirmative election, and has not previ- closure requirements. with Form 355U (i.e., duplicates of these sched- ously made an election that is still binding (i.e., ules should not be enclosed to the separate non- the default method of filing) and chooses “nei- Special Situations income measure return). ther,” the combined group that is under common control and engaged in a unitary business will be Non-income measure Note: Financial institutions with a different tax determined on a “water’s edge” basis (i.e., with Form 355U is used by the combined group to cal- year than the combined group, although not sub- culate and pay the income excise due from the only certain non-U.S. corporations included in the ject to a non-income measure of excise, must file taxable members of a combined group. Members combined group). See 830 CMR 63.32B.2 (5). a pro forma Form 63-FI for the purpose of calcu- of the group also pay their non-income measure Note: Once made, a combined group affirmative lating distributive income based on its own tax- of excise with the Form 355U if their taxable year election is binding for ten years and thereafter able year. It also must submit Schedules S and ends at the same time as the year used for the must be renewed by the taxpayer or the election SK-1 at that time. combined report. If the taxable member has the expires. See Combined Group Elections – Re- same tax year as the combined group, it should S corporations newal after Expiration of 10-year Election Pe- not file a separate Form 355. A Massachusetts S corporation that is included riod above for more information. Fiscalization in a Form 355U must continue to file Form 355S Affiliated Group Election For purposes of paying its non-income measure, (including Schedules S and SK-1), but that return If the combined group is entitled to make an affil- a taxable member of the combined group with a will be informational only. An S corporation must iated group election and affirmatively makes this fiscal year ending at a different time (i.e., a mem- determine the distributive income for all of its election, the combined group is determined on a ber subject to “Fiscalization” as described in 830 shareholders (and, also, for non-resident share- water’s edge basis but is expanded to include af- CMR 63.32B.2(12)(c)) must still file a separate holders, the apportionment of the shareholders’ filiated corporations that constitute the “Mass- return (Form 355 or Form 355S as appropriate) distributive share income) without regard to the achusetts affiliated group,” as defined in 830 to report its non-income measure based on its combined reporting provisions. CMR 63.32B.2(2) and (10). The composition of own taxable year as determined as a separate tax- the combined group as a “Massachusetts affili- |
14 ated group” is not dependent upon whether the Where a combined group makes either an affili- In general, each taxable member of a combined group is engaged in a unitary business but can ated group or a worldwide election, the principal group is to determine its apportionment formula have the effect of converting income that is oth- reporting corporation and all members of the on Schedule U-MSI. If any member of the com- erwise allocable income into apportionable in- group consent to the production of documents or bined group is seeking alternative apportionment, come as well as other specific significant tax other information that the Commissioner reason- it must nonetheless complete Schedule U-MSI by consequences. A combined group is not entitled ably requires, e.g., information required to verify applying the statutory rules that ap ply to such to make an affiliated group election unless the that the appropriate members of the combined taxpayer, and not by applying the taxpayer’s pro- composition of such combined group includes a group are included, that the requirements of the posed alternative apportionment approach. If the federal affiliated group filing a consolidated return election have been met, that the tax computation taxpayer’s proposed alternate method is later ac- for federal income tax purposes, even though the and tax reporting are proper, etc. In the case of cepted, a refund of any overpayment will be “Massachusetts affiliated group” that is subject to the worldwide election, the documents shall be made. the election is not necessarily co-extensive with provided in language and form acceptable to the such a federal affiliated group. For example, the Commissioner. Line 5 Massachusetts affiliated group can include (1) S If this is an amended filing (including, for pur- corporations, certain insurance companies, Line 3 poses of this question, a filing that is to super- REITs, RICs and non-U.S. corporations; (2) cor- Check “Yes” if either the affiliated group election sede a prior filing when both filings are made on porations that are under indirect or direct com- or the worldwide election is indicated on line 2 or before the due date for the return), check mon ownership of greater than 50% (instead of and this is the first year the election is in effect. “Yes.” Amended returns must be submitted elec- the 80% vote-and-value standard used for pur- If the combined group is making the affiliated tronically unless the requirements of DD 13-6 poses of filing a federal consolidated income tax group election or a worldwide election, the prin- apply. return); and (3) the members of two or more af- cipal reporting corporation must at the time of the Amended Return filiated groups where each group files a consoli- election prepare for itself and collect on behalf of If you need to change a line item on your return, dated return for federal income tax purposes. A each group member a letter of consent, to be complete a new return with the corrected infor- combined group is not entitled to make an affili- made available to the Commissioner upon re- mation and fill in the Amended return oval. Gen- ated group election if it is making or is subject to quest, stating that the group member has agreed erally, an amended return must be filed within a previously made worldwide election. See 830 to the election and, also, further agrees (1) that three years of the date that your original return CMR 63.32B.2(10) for the rules that apply in the such election applies to any member that subse- was filed. context of a Massachusetts affiliated group elec- quently enters the group and (2) that each mem- tion. ber continues to be bound by the election in the Federal Change event that such member is subsequently the sub- If this is an amended Massachusetts return and it Worldwide Group Election ject of a reverse acquisition as described in U.S. does not report changes that result from the filing If the combined group is entitled to make the Treas. Reg. §. 1.1502-75(d) (3). After making the of a federal amended return or from a federal worldwide election and affirmatively makes this election, the principal reporting corporation shall audit (for example, if the amended Massachusetts election, the combined group that is under com- collect an identical consent from any member return is reporting only a change in the apportion- mon control and engaged in a unitary business that subsequently enters the group during the pe- ment calculation or an additional tax credit), fill in will be determined on a worldwide basis (i.e., with riod in which the election is in effect. only the Amended return oval. If this is an no limitations on the non-U.S. corporations in- amended return that includes changes you have cluded in the combined group). When a com- Line 4 reported on an amended federal return filed with bined group makes a worldwide election the If any member of the group is requesting alterna- the IRS for the same tax year, fill in the Amended income of the non-U.S. corporations that are in- tive apportionment under MGL ch 63, § 42, check return and Federal amendment ovals. If the cluded in the combined group are determined on "Yes" and, under separate cover, submit Form AA- amended Massachusetts return incorporates a worldwide basis, and other specific rules apply. 1, with a statement of reasons that (1) demon- changes that are the result of an IRS audit, check A combined group cannot make a worldwide strates by clear and cogent evidence that the both the Amended return and Federal audit election if it is making or is subject to a previously statutory apportionment formula under MGL ch ovals; enclose a complete copy of the federal made affiliated group election. See 830 CMR 63, § 38 does not fairly represent the extent of its audit report and supporting schedules. 63.32B.2(5),(6)(c)2.b for the rules that apply in business activity in Massachusetts; and (2) con- the context of a worldwide election. tains a detailed description of the corporation’s Consent to Extend the Time to Act on an proposed alternative apportionment method. Amended Return treated as Abatement Effect of Election Failing to attach the required statement to the Application Both the affiliated group election and the world- Form AA-1 that meets this criteria may result in In certain instances, an amended return showing wide election can only be made on this Form the denial of the corporation’s request for alter- a reduction of tax may be treated by DOR as an 355U, when timely filed, by the combined group’s native apportionment. The corporation’s applica- abatement application. Under such circum- principal reporting corporation. Both elections are tion for alternative apportionment must include a stances, by filing an amended return, you are giv- irrevocable and binding on all members of the computation of tax using the statutory apportion- ing your consent for the Commissioner of combined group, including the non-taxable mem- ment formula and a second computation of tax Revenue to act upon the abatement application bers and any corporations that subsequently using the corporation’s proposed alternative ap- after six months from the date of filing. See TIR enter the combined group, for the taxable year in portionment method. For further information on 16-11. You may withdraw such consent at any which the election is made and the next nine tax- alternative apportionment, see MGL ch 63, § 42 time by contacting the DOR in writing. If consent able years. See 63.32B.2(5)(c), (10)(d)(f). and 830 CMR 63.42.1. is withdrawn, any requested reduction in tax will be deemed denied either at the expiration of six |
months from the date of filing or the date consent is withdrawn, whichever is later. Filing an Application for Abatement File an Application for Abatement, Form ABT, only to dispute one of the following: |
16 Line 22 return, this includes but is not limited to a pay- Reserved. Do not make an entry in this line. ment made with a previous return. If this is an amended return and a refund was previously is- Line 23 sued in connection with a prior return or an over- Enter the total income excise, before credits, due payment was applied to estimated taxes for a from members that are taxed as business corpo- subsequent year in lieu of a refund on such prior rations (including members classified as manufac- return, enter the amount as a negative number. turing corporations and research and development corporations) under MGL ch 63, § 39 or as S Cor- Line 41 porations under MGL ch 63, § 32D. M-2220 penalty. An additional charge may be im- posed on corporations which underpay their esti- This total must match the total reported on line mated taxes or fail to pay estimated taxes. Form 37 of all Schedules U-ST filed for members clas- M-2220, Underpayment of Massachusetts Esti- sified as business corporations. mated Tax by Corporations, should be used to Line 25 compute any underpayment penalty. Enter the total of individual members’ credits Other penalties. Enter any other penalty due sep- used to reduce the income excise of the member arately from the M-2220 penalty. Common penal- that generated the credit. This total must match ties that may apply include (a) penalties for failure the total reported on line 38 of all Schedules U-ST to file a tax return by the due date and failure to filed for all members. pay the tax shown on the return by the due date Line 26 (each penalty is 1% of the tax due per month up Enter the total of individual members’ credits to a maximum of 25%) and (b) The penalty for used to reduce the income excise of any member failure to file an amended return and pay the ad- other than the member that generated the credit. ditional tax due within 90 days of a federal change This total must match the total reported on line (including settlements) is 10% of the additional 39 of all Schedules U-ST filed for all members. tax. Line 27 Line 42 Subtract the amounts on line 25 and line 26 from Any taxpayer that fails to pay its tax when due will the total on line 24. This total must match the be subject to interest charges on the unpaid bal- total reported on line 41 of all Schedules U-ST ance. The interest rate is redetermined on a quar- filed for all members. This should also match the terly basis and Massachusetts announces the rate total of column g amounts on Schedule U-TM. applicable by issuing a Technical Information Re- lease for each quarter. Line 30 Enter the total of all members’ 2019 overpay- ments applied to 2020 estimated taxes as shown on Schedule CG, Part 1, line 2. Line 31 Enter the total of all members’ estimated tax pay- ments for all install ments as shown on Schedule CG, Part 1, lines 3 through 6. Line 32 Enter the total of all members’ payments made with extension as shown on Schedule CG, Part 1, line 7. Line 33 Enter the total of the pass-through entity with- holding shown on Schedule U-ST, line 42 for all members. Line 34 Enter the total of the refundable credits shown on Schedule U-ST, line 43 for all members. Line 35 Enter the total amount of any tax payment(s) made with respect to the excise due from the combined group not included above. If this is an amended |