Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2010

Governor's Budget Recommendation FY 2010

Exclusions from Gross Income


Fiscal Year 2010 Resource Summary (in Millions)
TAX EXPENDITURE FY2008 FY2009 FY2010
Exclusions from Gross Income 74.9 73.1 70.7

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item description amount
Exclusions from Gross Income 70.7
2.001 Small Business Corporations
In general, corporations organized under, or subject to, Chapters 156, 156A, 156B, 156C, 156D or 180 of Massachusetts General Laws (M.G.L.) or have privileges, powers, rights or immunities not possessed by individuals or partnerships are subject to corporate excise. Certain corporations with no more than 100 shareholders may elect to be taxed, for both federal and state tax purposes, as "S corporations." The earnings of an S corporation with total receipts of less than $6 million are not generally subject to taxation at the corporate level. S corporations with total receipts of $6 million or more are subject to a reduced corporate excise: 3% if receipts are $6 million or more but less than $9 million and 4.5% if receipts are $9 million or more. In addition, S corporation net earnings (and losses) are attributed directly to shareholders (whether or not they are distributed as dividends) and are taxed at the individual shareholder level, generally at the applicable personal income tax rate (5.85% in tax year 2000, 5.6% in tax year 2001, 5.3% in tax years 2002 and thereafter). By contrast, ordinary corporate earnings are taxed twice: once when earned by the corporation at a 9.5% rate, and once when distributed to shareholders in the form of dividends, which are generally taxable at the applicable personal income tax rate.

Origin:  IRC S. 1361-1363 and M.G.L. c. 62, IRC S. 17A and c. 63, IRC S. 32D,
Estimate:  $70.7
 
70.7
2.002 Exemption of Income from the Sale, Lease or Transfer of Certain Patents
Income from the sale, lease or other transfer of approved patents for energy conservation, and royalties and income from the sale, lease or other transfer of property subject to such patents are excluded from gross income for a period of five years.

Origin:  M.G.L. c. 63, IRC S. 30(5)(a)
Estimate:  N.A.
 
N.A.

Key:

ORIGIN  
IRCFederal Internal Revenue Code (26 U.S.C.)
M.G.L. Massachusetts General Laws
U.S.C United States Code
ESTIMATES All estimates are in $ millions.


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