Amendment ID: S2397-20

Amendment 20

Direct to consumer marketing

Mr. Lewis moves that the proposed new draft be amended by inserting after section 32, the following section:-

"SECTION 32A. Section 1 of chapter 63 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking items (e) and (f) under the definition of “net income” and inserting in place thereof the following:-

(e) the deduction allowed by section 199 of the Code;

(f) the deduction described in section 163(e)(5) of the Code, to the extent increased by amendments to section 163(e)(5)(F) and section 163(i)(1) of the Code, inserted by section 1232 of the American Recovery and Reinvestment Act of 2009; or

(g) the deduction described in section 162(a) of the Code, to the extent that this deduction applies to direct consumer advertising of prescription drugs, which shall include all direct and indirect costs incurred or paid relating to advertising prescription drugs and devices to patients in Massachusetts, including media advertising, coupons, outreach and persistency programs, and any other forms of marketing or advertising directed to persons other than licensed prescribers. For amounts paid or incurred in national or regional programs, the amount disallowed shall be the ratable share of expenses directed to Massachusetts residents."