Bill Text: MA S1280 | 2009-2010 | 186th General Court | Introduced
Bill Title: Abolish the sting tax
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/8 at 10:00 AM in Hearing Room B2 [S1280 Detail]
Download: Massachusetts-2009-S1280-Introduced.html
The Commonwealth of Massachusetts
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PRESENTED BY:
Brian A. Joyce
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To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to abolish the sting tax .
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PETITION OF:
|
Name: |
District/Address: |
|
Brian A. Joyce |
Norfolk, Bristol and Plymouth |
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act to abolish the sting tax .
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 63 of the General Laws is hereby amended by striking out section 32D and inserting in place thereof the following section:-
Section 32D. (a) A business corporation subject to an excise under section 32 or 39 which is an S corporation or a qualified subchapter S subsidiary, as defined under section 1361 of the Code, as amended and in effect for the taxable year, shall determine the net income measure of the excise as follows:
The net income shall be determined by taking into account sub-chapter S of said Code. Income or loss shall be determined as if it were realized or incurred directly by an owner subject to taxation under chapter 62 or 63, as applicable. In the case of an S corporation, income shall be included in the net income measure under this sub-section to the extent that the income is taxed to the S corporation for federal income tax purposes. In the case of a qualified subchapter S subsidiary, income shall be included in the net income measure under this subsection to the extent that the income would have been taxed to the subchapter S subsidiary for federal income tax purposes had it been treated as a separate corporation.
(b) For purposes of this section, in determining the net income of a qualified subchapter S subsidiary, its gross income shall be determined by computing its gross income as defined under the Code as if it had been taxed as a separate corporation for federal income tax purposes.
