reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62e - Wage Reporting System › Section 8 - Unauthorized Disclosure of Information; Fine; Administrative Discipline

Section 8. No employee or agent of the commonwealth shall divulge any information referred to in this chapter, except in the manner herein prescribed to any public or private agency or individual; provided, however, that information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or any local housing authority for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs included in the reporting systems; and provided further, that subject to the safeguards established pursuant to section 5A of chapter 119A, the IV–D agency may disclose information to any agent of the IV–D agency that is under contract with the IV–D agency for purposes of administering the child support enforcement program of the commonwealth, only to the extent necessary for performance of such agent's contracted duties. Such information may also be disclosed to the state police, including the state police violent fugitive arrest squad, and local police departments, for the sole purpose of identifying and locating individuals wanted on default or arrest warrants. Only identifying and locating information, including, but not limited to, the name, date of birth, all pertinent addresses, telephone number and social security number of such individuals shall be made available to the state police and local police departments pursuant to this section. Unauthorized disclosure of any such information shall be a violation punishable by a fine of one hundred dollars per offense; provided that the unauthorized release of such information about any individual shall be a separate offense from information released about any other individual. Such unauthorized release of information shall also be cause for administrative discipline of any employee who engages in such unauthorized release.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62e - Wage Reporting System › Section 9 - Failure of Employer, Payor of Income or Other Person to Submit Reports; False Reports; Penalties

Section 9. An employer or payor of income required to submit a report pursuant to this chapter who fails, without reasonable cause, to comply with such reporting requirements shall be liable for a penalty assessed by the department in the following amount for each employee, contractor or other recipient of periodic income with respect to whom such employer or payor of income is required to file a report but who is also not included in such report or for whom the required information is not accurately reported for each employee, contractor or other recipient of periodic income required to be included:— up to $25 for each employee, contractor or other recipient of periodic income or, if the result of a conspiracy between the employer and the employee, or contractor or other recipient of periodic income not to supply the required report or to supply a false or incomplete report, $500 for each such employee, contractor or other recipient of periodic income.
Any person who is required to submit a report pursuant to the provisions of section 4 who fails, without reasonable cause, to comply with such reporting requirements or who willfully renders false information in reply to such request, shall be liable for a penalty assessed by the department of $1,000. Said department may collect a penalty assessed under this section by any means authorized for the collection of corporate or partnership taxes under chapter 62C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62e - Wage Reporting System › Section 11 - Reporting System Information Sharing Program

Section 11. The commissioner, in cooperation with the IV–D agency, shall share reporting system information with other states, as required by federal law. The commissioner is hereby authorized to enter into reciprocal agreements with other states to share lists of obligors who owe support payments to the IV–D agency. Such reciprocal agreements shall only be made with states which administer programs that are substantially similar to the reporting systems. The reporting system information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information as provided in this chapter and only if such prohibitions and penalties apply to information which is transmitted by the commissioner or the IV–D agency to the other states. The prohibitions and penalties imposed by said section forty-three of said chapter two hundred and seventy-one shall also apply to any such information received from any other state under a reciprocal agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62e - Wage Reporting System › Section 12 - Release of Reporting System Information to Federal and Out-of-State Agencies and to Departments Within the Commonwealth

Section 12. Notwithstanding the foregoing provisions, nothing herein shall be construed to prevent the release by the commissioner, pursuant to the terms of federally-mandated wage match programs, of reporting system information to the United States Social Security Administration or to agencies of other states who administer federally-funded welfare and unemployment compensation programs.
Notwithstanding any general or special law to the contrary, data gathered as part of the reporting systems may be used for purposes of evaluating employment and earnings outcomes of programs within the Massachusetts workforce development system. The commissioner may provide access to data gathered as part of the reporting systems for research and statistical purposes; but, the data shall be released without personal identifiers. The department of revenue may share reporting system information with the division of unemployment assistance, the division of career services and the department of education in the performance of their official duties.
Notwithstanding any general or special law to the contrary, the commissioner may disclose any information referred to in this chapter to the division of unemployment assistance, the division of insurance and the executive office of health and human services under an interagency agreement for purposes of the administration and enforcement of sections 64 to 69, inclusive, of chapter 118E and sections 17 and 18 of chapter 176Q and for the administration of the employer medical assistance contribution under section 189 of chapter 149.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62e - Wage Reporting System › Section 14 - Disclosure to Depositors That Information Has Been Provided to Commissioner; Penalty

Section 14. Unless otherwise required by applicable law, an institution furnishing a report or providing information to the commissioner under either subsection (a) or subsection (b) of section four shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the commissioner; provided, however, that an institution may disclose to its depositors or account holders that under the financial institution match system the commissioner has the authority to request certain identifying information on certain depositors or account holders. If an institution willfully violates the provisions of this section, such institution shall pay to the commissioner the lesser of one thousand dollars or the amount on deposit or in the account of the person to whom such disclosure was made. An institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the commissioner under section four, or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the commissioner or in a report furnished by the institution to the commissioner. An institution may charge an account levied on by the commissioner a fee, as determined by the commissioner, of not less than twenty nor more than fifty dollars which shall be deducted from such account prior to remitting any funds to the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 1 - Preamble

Section 1. It is the intent of this chapter that there be established for each fiscal year a state tax revenue growth limit calculated on the basis of the level of growth in total wages and salaries of the citizens of the Commonwealth. Further, although not specifically required by anything contained in this chapter, it is assumed that from allowable state tax revenues as defined herein the Commonwealth will give priority attention to the funding of state financial assistance to local governmental units, obligations under the state governmental pension systems, and payment of principal and interest on debt and other obligations of the Commonwealth. Any other provisions of the general or special laws of the Commonwealth notwithstanding, the following provisions shall be effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 3 - Limitation on Growth of Allowable State Tax Revenues

Section 3. Except as otherwise specifically provided herein, the governor and the general court in exercising their respective constitutional and statutory duties shall endeavor in each fiscal year to establish and approve a budget for the Commonwealth and set rates of taxation for the citizens of the Commonwealth such that net state tax revenues for said fiscal year shall not exceed allowable state tax revenues for said fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 4 - Adjustments to Allowable State Tax Revenues

Section 4. Allowable state tax revenues for a fiscal year shall be reduced, if, after the effective date of this chapter, by an enactment of the general court, authority is granted to local governmental units by local option or otherwise to impose or levy a new, or to increase an existing, tax or excise. The amount by which allowable state tax revenues for such fiscal year shall be reduced shall be as nearly as possible equal to the additional amount of revenues to be derived by local governmental units by the tax or excise as determined by the Commissioner. Provided, however, that any reduction in allowable state tax revenues for a fiscal year required by this subsection shall first occur in the allowable state tax revenues for the fiscal year beginning immediately after the effective date of the enactment of the general court which gives rise to the reduction herein required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 5 - State Auditor; Oversight; Monthly Reports

Section 5. (a) The commissioner shall annually, on or before September first prepare a report of the net state tax revenues and the allowable state tax revenues of the commonwealth for the preceding fiscal year, and shall submit the report to the state auditor. Said state auditor shall review the report for completeness and accuracy, and may make or request the commissioner to make any necessary adjustments or modifications to assure its completeness and accuracy.
(b) Said state auditor shall annually on or before the third Tuesday of September, independently determine whether net state tax revenues for the immediately preceding fiscal year exceeded the allowable state tax revenues for said fiscal year. If said state auditor determines that the allowable state tax revenues for the immediately preceding fiscal year were exceeded, except as otherwise specifically authorized herein, he shall report that determination and the amount by which allowable state tax revenues were exceeded to the governor, the president of the senate, the speaker of the house of representatives, the house and senate committees on ways and means, and the commissioner. Said commissioner shall take all necessary action to effectuate the provisions of section six.
(c) Except as otherwise provided therein, the determination of said state auditor both as to the existence and the amount of an excess of net state tax revenues over the allowable state tax revenues in a fiscal year shall be conclusive for purposes of section six.
(d) The commissioner shall calculate the permissible tax revenue, as defined in this chapter, on a quarterly basis, in accordance with the manner and fiscal year schedule with which the commissioner calculates tax revenues.
The commissioner shall calculate the year-to-date difference, if any, between cumulative net state tax revenues and cumulative permissible tax revenues. The commissioner shall report said amounts on a quarterly basis to the state comptroller, who shall, pursuant to the provisions of section 6A, adjust the balance in the temporary holding fund by the comptroller.
[ Subsection (e) added by 2023, 50, Sec. 25 effective January 2, 2023 for tax years beginning on or after January 1, 2023. See 2023, 50 Sec. 49.]
(e) Monthly, the commissioner shall submit a report to the clerks of the senate and the house of representatives, the joint committee on revenue and the senate and house committees on ways and means on net state tax revenue for the current fiscal year, projections for net state tax revenue for the remainder of said fiscal year and an estimate of if, and when, net state tax revenue may exceed allowable state tax revenue for said fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 6 - Effect of Net State Tax Revenues in Excess of Allowable State Tax Revenues; Tax Credit

[ First paragraph effective until January 2, 2024. For text effective January 2, 2024, see below.]
Section 6. If net state tax revenues in any fiscal year exceed allowable state tax revenues for said fiscal year the amount of such excess, as determined by the State Auditor and reported to the Commissioner pursuant to section five of this chapter, shall result in a credit equal to the total amount of such excess. The credit shall be applied to the then current personal income tax liability of all taxpayers on a proportional basis to the personal income tax liability incurred by all taxpayers in the immediately preceding taxable year.
[ First paragraph as amended by 2023, 50, Sec. 26 effective January 2, 2024 for taxable years beginning on or after January 1, 2023. See 2023, 50 Sec. 49. For text effective until January 2, 2024, see above.]
If net state tax revenues in any fiscal year exceed allowable state tax revenues for said fiscal year the amount of such excess, as determined by the State Auditor and reported to the Commissioner pursuant to section five of this chapter, shall result in a credit equal to the total amount of such excess. The credit shall be applied against the then current personal income tax liability of each taxpayer who files an income tax return in both the then current and the previous taxable year in an amount determined by dividing the total amount of excess revenues by the total number of taxpayers filing an income tax return in the previous taxable year. For the purposes of this section, a married couple filing a joint return shall be counted as 2 taxpayers. If the amount of the credit allowed under this section exceeds the taxpayer's liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the amount of the excess without interest.
The Commissioner shall take such action and shall have the authority to issue such rules and regulations as are necessary to effectuate the requirements of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 7 - Taxpayer Suits

Section 7. The Supreme Judicial Court or Superior Court may, upon the petition of not less than twenty-four taxable inhabitants of the Commonwealth, not more than six of whom shall be from any one county, enforce the provisions of this chapter. If successful, said taxable inhabitants shall be entitled to recover reasonable attorneys' fees and other costs from the Commonwealth incurred in maintaining such suit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 62f - Limitation on the Growth of State Tax Revenues › Section 8 - Severability

Section 8. The provisions of this law are severable, and if any clause, sentence, paragraph, or section of this chapter or an application thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or section adjudged invalid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 2 - Financial Institutions; Excise Rate

Section 2. (a) Except as provided in subsections (b) and (d), every financial institution engaged in business in the commonwealth shall pay, on account of each taxable year, an excise measured by its net income determined to be taxable under section two A at the following rate: taxable years beginning on or after January first, nineteen hundred and ninety-five but before January first, nineteen hundred and ninety-six, twelve and thirteen hundredths percent; on or after January first, nineteen hundred and ninety-six but before January first, nineteen hundred and ninety-seven, eleven and seventy-two hundredths percent; on or after January first, nineteen hundred and ninety-seven but before January first, nineteen hundred and ninety-eight, eleven and thirty-two hundredths percent; on or after January first, nineteen hundred and ninety-eight but before January first, nineteen hundred and ninety-nine, ten and ninety-one hundredths percent; on or after January first, nineteen hundred and ninety-nine, ten and one-half percent; provided, however, that the excise imposed hereunder shall be no less than four hundred and fifty-six dollars.
(b) Any corporation taxable under this section shall pay an excise measured by its net income determined to be taxable under section 2A at the following rates:— (i) for each taxable year beginning on or after January 1, 1995, but before January 1, 2010, 10.5 per cent; (ii) for each taxable year beginning on or after January 1, 2010, but before January 1, 2011, 10.0 per cent; (iii) for each taxable year beginning on or after January 1, 2011, but before January 1, 2012, 9.5 per cent; or (iv) for each taxable year beginning on or after January 1, 2012 and thereafter, 9.0 per cent; provided, however, that in no case shall the excise imposed under this section amount to less than $456.
(c) The commissioner is hereby authorized to adjust the net income of any taxpayer in accordance with the provisions of and the rules and regulations under section 482 of the Internal Revenue Code, as amended from time to time.
(d) Any financial institution that is an S corporation, as defined in section 1361 of the Code, shall not be subject to the tax provided in subsections (a) and (b) and shall instead be subject to the excise in section 2B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 20 - Premiums Subject to Taxation; Rate

Section 20. Every life insurance company, as defined by section one hundred and eighteen of chapter one hundred and seventy-five, authorized to transact business in the commonwealth shall annually pay an excise of two per cent upon all new and renewal premiums received during the preceding calendar year for all policies allocable to this commonwealth, as hereinafter provided. In the case of a foreign life insurance company, the policy shall be deemed to be allocable to this commonwealth if the insured is a resident of the commonwealth at the time of payment of the premium therefor. In the case of a domestic life insurance company, the policy shall be deemed to be allocable to this commonwealth unless the insured at the time of payment of the premium therefor is a resident of a state or country to which such company actually pays an insurance excise.
The word ''premiums'' as used in this section shall include all amounts received as consideration for life insurance policies without deduction for amounts paid to other companies for reinsurance and shall include dividends applied to purchase additional insurance or to shorten the premium paying period. In determining the amount of the excise payable hereunder there shall be deducted, to the extent that they are properly allocable to premiums taxable hereunder, (a) all premiums returned to policyholders during said preceding calendar year but not including cash surrender values, and (b) dividends which during said year have been paid or credited to policyholders or applied to purchase additional insurance or to shorten the premium paying period.
All premiums received by any life insurance company for contingencies of any character insured against by such company under authority of clause sixth of section forty-seven of chapter one hundred and seventy-five shall be excluded, except as hereinafter provided, from taxation under this section and shall be taxable under sections twenty-two and twenty-three of this chapter. All premiums received by any such company for provisions for total and permanent disability or accidental death benefit incorporated in policies or contracts under section twenty-four of said chapter one hundred and seventy-five or any supplemental policies issued under said section twenty-four shall be taxable under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 21 - Additional Tax on Foreign Companies

Section 21. Every foreign life insurance company shall annually pay with respect to business taxable under the preceding section, in addition to the excise hereby imposed, a sum equal to the excess over such excise of the amount of tax which would be imposed in the same year by the laws of the state or country under which such company is organized, upon a life insurance company incorporated in this commonwealth, or upon its agents, if doing business to the same extent in such state or country.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 22 - Domestic Companies Other Than Life; Premiums Subject to Taxation; Rate

Section 22. Every domestic insurance company coming within the scope of the definition of a domestic company in section 1 of chapter 175, except life insurance companies with respect to amounts received as consideration for annuity contracts and business taxable under section 20 and marine, or fire and marine, insurance companies with respect to business taxable under section 29A, shall annually pay an excise of 2.28 per cent upon the gross premiums for all policies written or renewed, all additional premiums charged, and all assessments made by such company on policyholders during the preceding calendar year, exclusive of reinsurance; but such premiums and assessments for policies written or renewed for insurance, exclusive of reinsurance, of property or interests in other states or countries where a tax is actually paid by such company, or its agents, shall not be so taxed. For purposes of calculating the credit under section 29E of this chapter, the term ''surtax'' is hereby defined as the portion of the excise imposed under this section equal to 0.28 per cent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 22a - Domestic Companies; Annual Total Gross Investment Income Earned Tax

Section 22A. Every domestic insurance company coming within the scope of the definition of a domestic company in section one of chapter one hundred and seventy-five, except life insurance companies as defined in section one hundred and eighteen of said chapter one hundred and seventy-five, which are also life insurance companies as defined under subsection (a) of section 801 of the Federal Internal Revenue Code, as amended, and in effect for the taxable year, shall annually pay, as part of its excise imposed under this chapter, an amount equal to one per cent of its total gross investment income earned during the preceding calendar year, as reported in its annual statement for said year filed with the commissioner of insurance and as shown in Exhibit 3 of said statement for a life insurance company or in Item 10, Column 8, Part 1, of the Underwriting and Investment Exhibit for any other domestic insurance company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 22c - Credit Against Investment Privilege Excise

Section 22C. A domestic life insurance company subject to the investment privilege excise imposed by section twenty-two B having admitted assets of two hundred million dollars or less at the close of a taxable year, shall be allowed a credit against such excise in the amount of twenty thousand dollars. Any such company, whose admitted assets at the close of a taxable year are in excess of two hundred million dollars, shall be allowed a credit against such excise in the amount of twenty thousand dollars, reduced pro rata by five hundred dollars for each one million dollars or fraction thereof by which the value of the admitted assets of such company at the close of the taxable year exceeds two hundred million dollars. For the purpose of this section admitted assets shall be valued by the commissioner of corporations and taxation in accordance with standards established with respect to annual statements under chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 22d - Gains, Determination for Investment Privilege Excise Purposes; Definitions

Section 22D. For the purposes of determining the amount of gains, but not losses, under the investment privilege excise imposed by section twenty-two B, a qualifying domestic life insurance company, as hereinafter defined, subject to said excise and having admitted assets of less than one billion dollars, at the close of the taxable year, as valued by the commissioner of corporations and taxation in accordance with standards established with respect to annual statements under chapter one hundred and seventy-five, may elect to adjust the basis, as defined in section 1011 of the Federal Internal Revenue Code, of all merger assets, to equal their market value on the qualifying date. Said election shall be irrevocable and made on or before the date for filing, including any extension thereof, the return of the qualifying domestic company for the taxable year ending December thirty-first, nineteen hundred and seventy-seven.
For purposes of this section, a ''qualifying domestic life insurance company'' is a company which, after December thirty-first, nineteen hundred and fifty-eight and before December thirty-first, nineteen hundred and seventy-six, was a party to a reorganization, as defined in section 368 of the Federal Internal Revenue Code and in effect for the taxable year of the reorganization, with another domestic insurance company which was not a life insurance company, as defined by subsection (a) of section 801 of the Federal Internal Revenue Code in effect for the taxable year of the reorganization.
For purposes of this section, ''merger assets'' shall mean stock, other than stock in a party to the reorganization, acquired in the reorganization by the qualifying domestic life insurance company and ''qualifying date'' shall mean the date of the reorganization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 23 - Foreign Companies; Premiums Subject to Taxation; Rate

Section 23. Every foreign insurance company coming within the scope of the definition of a foreign company in section 1 of chapter 175, except life insurance companies with respect to business taxable under sections 20 and 21 and marine, or fire and marine, insurance companies with respect to business taxable under section 29A, shall annually pay an excise upon the gross premiums for all policies written or renewed, all additional premiums charged, and all assessments made during the preceding calendar year for insurance of property or interests in this commonwealth, or which are subjects of insurance by contracts issued through companies or agents therein, exclusive of reinsurance, at the rate of 2.28 per cent but not less in amount than would be imposed by the laws of the state or country under which such company is organized upon a like insurance company incorporated in this commonwealth, or upon its agents, if doing business to the same extent in such state or country.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 24 - Deductions

Section 24. In determining the amount of the tax payable under sections twenty-two and twenty-three, there shall be deducted all premiums on policies written but not taken, or cancelled through default of payment, and all premiums returned or credited to policyholders during the year for which the tax is determined, but not including premiums returned or credited on reinsurance assumed, provided that all premiums for which deduction is claimed have been included as premium receipts in a return made under section twelve of chapter sixty-two C and a tax assessed thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 24a - Retaliatory Taxes; Applicability and Reciprocal Exemption; Definition

Section 24A. Section twenty-one and the provision of section twenty-three imposing an excise in excess of two per cent of premiums taxable thereunder shall not apply to insurance companies organized in a state or country the laws of which do not impose retaliatory taxes or which grant, on a reciprocal basis, exemption from such retaliatory taxes to insurance companies organized in this commonwealth, or its agents. As used herein, ''retaliatory taxes'' means those taxes imposed upon insurance companies organized in another state or country which result from the fact that an insurance company organized in the taxing jurisdiction and doing business in such other state or country is taxable in an amount exceeding that imposed by the taxing jurisdiction upon an insurance company organized in such other state or country and doing business to the same extent in the taxing jurisdiction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 26 - Examination of Records

Section 26. The books, papers and accounts of every insurance company and of its agents shall be opened at all times to inspection and examination by the commissioner and the commissioner of insurance, or their duly authorized representatives, for the purpose of verifying the accuracy of the returns made under section twelve of chapter sixty-two C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 28 - Payment; Time; Basis for Liability

Section 28. Every insurance company liable to taxation under sections twenty to twenty-three, inclusive, and twenty-nine A shall pay to the commissioner at the time fixed for filing its return under the applicable section of chapter sixty-two C the amount of the excise thereby imposed.
Liability for the taxes imposed by sections twenty to twenty-three, inclusive, and twenty-nine A, or by sections two and three of chapter five hundred and thirty-one of the acts of nineteen hundred and forty-three shall be incurred by reason of the transaction of business at any time within the calendar year preceding that in which the return is required to be filed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 29b - Taxation of Reciprocal or Inter-Insurance Exchange Agents

Section 29B. Every attorney in fact of a reciprocal or inter-insurance exchange defined in section ninety-four A of chapter one hundred and seventy-five and authorized to transact business in the commonwealth under the provisions of sections ninety-four A to ninety-four M, inclusive, of said chapter, shall be subject to the provisions of sections twenty-two to twenty-nine, inclusive, and section twelve of chapter sixty-two C unless said provisions and their context clearly show that said provisions were not intended to apply to the plan and method of exchanging reciprocal or inter-insurance contracts; provided, that the word ''premiums'' in section twenty-two and section twenty-three shall, with respect to reciprocal or inter-insurance exchanges, mean ''premium deposits''; and provided, further, that in section twenty-four, the word ''premiums'', shall be construed to mean, when applied to reciprocal or inter-insurance exchanges, premium deposits credited or returned to subscribers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 29c - Life Insurance Companies; Credits Against Taxes Imposed by Secs. 20 and 22

[Text applicable as provided by 1998, 259, Sec. 10.]
Section 29C. A life insurance company subject to the excise imposed by either sections 20 or 22 shall be allowed a credit against either such excise equal to 11/2 per cent of such company's total capital contribution in excess of their full proportionate share which shall mean an investment in the Massachusetts life insurance company community investment initiative equal to at least the product of the following:-
(1) $20,000,000;
(2) multiplied by a fraction, the numerator of which shall be the life insurance company's total net investment income tax due and payable under section 22B of chapter 63 for the tax year ending on or before December 31, 1997 and the denominator of which shall be the total net investment tax due and payable under said section 22B for all life insurance companies doing business in the commonwealth for the tax year ending on or before December 31, 1997. For a company that was not subject to said section 22B in the tax year ending on or before December 31, 1997, the numerator shall be the life insurance company's total net investment income tax due and payable under said section 22B for the taxable year two years prior to the current taxable year. The department of revenue shall determine each company's full proportionate share and shall provide such information to said company within 30 days of receipt of a request by said company, for the existence of such initiative, provided, however, in the taxable year beginning on or after the fifth year, the amount of said credit shall be equal to 1.5 per cent of such company's total capital contribution.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 29d - Property and Casualty Insurance Companies; Taxes on Premiums; Credits Against Taxes Imposed by Secs. 22 and 23

[Text applicable as provided by 1998, 259, Sec. 10.]
Section 29D. A property and casualty insurance company subject to the excise upon premiums imposed by either sections 22 or 23 shall be allowed a credit against either such excise equal to 11/2 per cent of such company's total capital contribution in excess of their full proportionate share which shall mean an investment in the Massachusetts property and casualty insurance company community and economic development initiative equal to at least the product of the following:
(1) $20,000,000;
(2) multiplied by a fraction, the numerator of which shall be the property and casualty insurance company's total gross investment tax under section 22A of chapter 63 for the tax year ending on or before December 31, 1997 and the denominator of which shall be the total gross investment tax under said section 22A for all property and casualty insurance companies doing business in the commonwealth for the tax year ending on or before December 31, 1997. For a company that was not subject to said section 22A in the tax year ending on or before December 31, 1997, the numerator shall be the P&C insurance company's total net investment income tax due and payable under said section 22A for the taxable year two years prior to the current taxable year. The department of revenue shall determine said company's full proportionate share and shall provide such information to said company within 30 days of receipt of a request by said company, for the existence of such initiative, provided, however, in the taxable year beginning on or after the fifth year, the amount of said credit shall be equal to 1.5 per cent of such company's total capital contribution.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 31d - Definitions Applicable to Secs. 31d to 31f

Section 31D. As used in sections thirty-one D to thirty-one F, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:—
''Commuting student'', a full-time student at a college, university or other postsecondary educational institution, who travels between his residence and an educational institution on a regular basis.
''Company shuttle van'', a highway vehicle which meets all of the following criteria:
(1) has a seating capacity of at least seven adults, including the driver;
(2) at least eighty per cent of the mileage of which reasonably can be expected to be for the purpose of transporting taxpayer's employees between their residence, or public transportation facilities that interface with such routes and their place of employment within the commonwealth, provided, however, that the number of employees transported on such trips is at least one half of the adult seating capacity of such vehicle, not including the driver.
''Employee'', either of the following:
(1) an individual who performs service for an employer for more than eight hours per week for remuneration, or
(2) any commuting student.
''Employer'', a taxpayer who is either of the following:
(1) a person for whom services are performed by employees, except government agencies, or
(2) a private educational institution which enrolls students at higher than the secondary level.
''Employer sponsored ride sharing incentive program'', a program undertaken by an employer either alone or in cooperation with other employers to encourage or provide fiscal or other incentives to employees to make the home to work commute trip by any mode other than the single occupant motor vehicle.
''Ride sharing'', travel by any mode other than the single occupant motor vehicle including, but not limited to, carpooling, vanpooling, public or private buspooling, subscription taxipooling, and public transit, either in highway traffic or on ways or lanes designated for the exclusive use of carpools, vanpools, public or private buspools, subscription taxipools and public transit.
''Third-party vanpool'', a vanpool that is not administered and operated by an employer or his employees, but is administered and operated by an outside organization, including a government agency, which makes vehicles and other equipment and services available for use by employers and their employees.
''Vanpool'', seven or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry seven to fifteen adults, including the driver.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 31f - Vanpool Vehicle Registration; Fee

Section 31F. (a) Upon registration of a vanpool vehicle, registration plates for each vehicle shall be provided which include the word VANPOOL on the face thereof.
(b) There shall be no vehicle registration fee required for vanpool vehicle owners who are able to establish the following:
(1) the vanpool vehicle will be used principally for the purpose of carrying employees between their residences and their places of employment or nearby public transportation facilities.
(2) there is a signed list of seven persons, including the driver of the vanpool vehicle, who have agreed to participate in the vanpool for at least eleven of the twelve months subsequent to the registration of the vehicle.
(3) such vehicle is covered by a policy of insurance which shall indemnify the insured against any liability for personal injury, the death of any person or property damage, which injury, death or damage may result from or have been caused by the use or operation of the vanpool vehicle described in the contract of insurance. The amount of such insurance or indemnity against claims for personal injury or death shall be not less than one million dollars. Any person or company issuing any such insurance or indemnity bond shall file a certificate with the registrar of motor vehicles in such form as may be prescribed by said registrar. No such insurance or bond shall be subject to nonrenewal or cancellation while the registration is in force unless said registrar has been given at least twenty days' written notice prior to the effective date of nonrenewal or cancellation. If within such twenty day period said registrar is not presented with satisfactory evidence that other insurance or another indemnity bond has been obtained the registration shall be revoked. Liability under such insurance policy or bond shall continue beyond such twenty day notification period until such time as the registration for such vanpool vehicle has been surrendered and its plates have been returned to said registrar, but in no case shall such liability continue for more than ten days after such notification period has expired.
(c) If the vanpool owner is unable to establish the conditions of paragraph (b), the vehicle registration fee for each vanpool vehicle shall in no instance exceed the fee which would be required to be paid for such vehicle if it were not used for the purpose of vanpooling.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 31j - Deductible Interest; Interest Paid to Related Member; Taxpayer's Burden to Show Disallowance of Deduction Unreasonable

Section 31J. (a) For purposes of computing its net income under this chapter, a taxpayer shall add back otherwise deductible interest paid, accrued or incurred to a related member, as defined in section 31I, during the taxable year, except that a deduction shall be permitted when either: (1) the taxpayer establishes by clear and convincing evidence, as determined by the commissioner, that the disallowance of the deduction is unreasonable, or (2) the taxpayer and the commissioner agree in writing to the application of an alternative method of apportionment under section 42. Nothing in this subsection shall be construed to limit or negate the commissioner's authority to otherwise enter into agreements and compromises otherwise allowed by law.
(b) The adjustments required in subsection (a) shall not apply if the taxpayer establishes by clear and convincing evidence, as determined by the commissioner, that: (i) a principal purpose of the transaction giving rise to the payment of interest was not to avoid payment of taxes due under this chapter; (ii) the interest is paid pursuant to a contract that reflects an arm's length rate of interest and terms; and (iii) (A) the related member was subject to tax on its net income in this state or another state or possession of the United States or a foreign nation; (B) a measure of said tax included the interest received from the taxpayer; and (C) the rate of tax applied to the interest received by the related member is no less than the statutory rate of tax applied to the taxpayer under this chapter minus 3 percentage points.
(c) For purposes of subsection (a), interest payments by the taxpayer to a person or entity that is not a related member will be treated as if made to a related member if the interest is paid in connection with a debt incurred to acquire the taxpayer's assets or stock in a transaction that is referenced in section 368 of Internal Revenue Code, as amended and in effect for the taxable year. For purposes of this subsection, subsection (b) shall not apply.
(d) Nothing in this section shall be construed to limit or negate the commissioner's authority to make adjustments under sections 33 and 39A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IX - Taxation › Chapter 63 - Taxation of Corporations › Section 31k - Deductible Interest; Adjustments; Applicability

Section 31K. The adjustments required in subsection (b) of section 31I as they relate to royalty expenses and costs and related interest expenses and costs, and in subsection (a) of section 31J as they relate to interest expenses and costs, shall not apply if the taxpayer establishes by clear and convincing evidence, as determined by the commissioner and consistent with section 3A of chapter 62C that:
(1) the royalty expenses and costs and related interest expenses and costs under section 31I, or interest expenses and costs under section 31J, were directly or indirectly paid or incurred to a related member, as defined in section 31I, that is not a controlled foreign corporation within the meaning of section 957 of the Internal Revenue Code, as amended and in effect for the taxable year; and
(2) all of the following requirements are complied with:
(i) the related member is a resident of a nation which has in force a comprehensive income tax treaty with the United States;
(ii) the amounts are deductible under federal income tax law;
(iii) the transaction giving rise to the royalty expenses and costs and related interest expenses and costs under section 31I, or interest expenses and costs under section 31J, have a valid business purpose other than the avoidance of tax that would otherwise be due; and
(iv) all terms and conditions of the transaction would have been agreed to in an arm's length negotiation between independent parties.