Code of Massachusetts Regulations › 830 CMR - DEPARTMENT OF REVENUE › Title 830 CMR 62C.00 - State Tax Administration › Section 62C.11.1 - Return Due Dates for S Corporations Included in a Combined Group

Current through Register 1525, July 5, 2024
(1)
Scope of Regulation;
			 Background; Outline of Topics; Effective Date
.
(a)
Scope of
			 Regulation
. 830 CMR 62C.11.1 sets forth the corporate excise
			 return due date for an S corporation that is included in a combined
			 group.
(b)
Background
. A combined group is required to file a
			 combined report pursuant to M.G.L. c. 63, § 32B that includes the income
			 and other attributes of all members of the combined group. The filing of a
			 combined report satisfies the return filing requirements under M.G.L. c. 62C,
			 § 11, ¶ 1 for any business corporation that, pursuant to such report,
			 calculates and reports its own individual corporate excise liability based on
			 the income and non-income measures of the corporate excise, or the minimum
			 excise, as applicable, under M.G.L. c. 63, §§ 32D or 39.
See
M.G.L. c. 62C, § 11, ¶ 2. The principal
			 reporting corporation is required to file the combined report on behalf of the
			 combined group.
See
830 CMR
			 63.32B.2(11). The combined
			 report is also used to report a taxable member's non-income measure of the
			 corporate excise when such member's taxable year is the same as the year used
			 for the combined report. An S corporation taxable under M.G.L. c. 63, §
			 32D is includible in a combined report.
See
830 CMR
			 63.32B.2(4)(b).
St. 2017, c. 5, §§ 11 through 14 ("An Act Making
				Appropriations for the Fiscal Year 2017 to Provide for Supplementing Certain
				Existing Appropriations and for Certain Other Activities and Projects") amended
				M.G.L. c. 62C, §§ 7, 11 and 12 to conform the due dates for
				Massachusetts partnership and business corporation tax returns to the federal
				due dates for such tax returns, beginning with tax returns due on or after
				January 1, 2018. Under prior law, all business corporations, including S
				corporations, were required to file a corporate excise return on or before the
				15th day of the third month following the close of
				each taxable year. Accordingly, the principal reporting corporation of a
				combined group was required to file a combined report on behalf of the group on
				or before the 15th day of the third month following
				the close of the taxable year of the group. Under the new statutory rules, an S
				corporation is required to file a corporate excise return on or before the
				15th day of the third month following the close of
				each taxable year, and a business corporation that is not an S corporation is
				required to a file a corporate excise return on or before the
				15th day of the fourth month following the close of
				each taxable year. This divergence in due dates means that the return due date
				for the taxpayer members of a combined group may differ when the combined group
				includes an S corporation even when all such corporations share the same
				taxable year. 830 CMR 62C.11.1 is being promulgated to clarify the corporate
				excise return due date in the case of an S corporation that is a member of a
				combined group.
(c)
Outline of Topics
. 830 CMR 62C.11.1 is organized as
			 follows:
1. Scope of Regulation; Background;
			 Outline of Topics; Effective Date;
2. Definitions; and
3. Return Due Dates.
(d)
Effective Date
.
			 830 CMR 62C.11.1 is effective for returns due on or after January 1,
			 2018.