Amendment ID: S2548-8

Amendment 8

Closing Revenue Gaps and Corporate Tax Loopholes

Ms. Rausch, Ms. Edwards, Ms. Miranda, Mr. Eldridge, Ms. Kennedy, Ms. Jehlen and Messrs. Gomez, Payano and Oliveira move to amend the bill by inserting at the end thereof the following new sections:- 

SECTION 6.  Subsection (e) of section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following words:- “Amounts included in federal gross income pursuant to section 951 of the Code shall be treated as dividends under this chapter; provided, that amounts included in federal gross income pursuant to section 951A of the Code shall not be treated as dividends.”

SECTION 7. Subsection (a) of subclause B of section 3 of said chapter 62 of the General Laws, as so appearing, is hereby further amended by inserting at the end thereof the following:- “(20) An amount equal to fifty percent of amounts included in federal gross income pursuant to section 951A of the Code.”

SECTION 8. Section 1 of chapter 63 of the General Laws is hereby amended by striking out the sixth sentence in the definition of “Net income” and inserting in place thereof the following sentence:- “For purposes of this definition, amounts included in federal gross income pursuant to section 951 of the Code shall be treated as dividends; provided, that amounts included in federal gross income pursuant to section 951A of the Code shall not be treated as dividends.”

SECTION 9. Said section 1 of said chapter 63, as so appearing, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:- “(g) the deductions allowed by sections 245A, 250(a)(1)(A), and 965(c) of the Code.” 

SECTION 10. Section 2A of said chapter 63, as so appearing, is hereby amended by striking out subsection (h) and inserting in place thereof the following subsection:- “(h) For purposes of this section, dividends that are deemed to be received from an entity, including amounts included in federal gross income pursuant to section 951 of the Code, shall not be considered receipts, and amounts included in federal gross income pursuant to section 951A of the Code also shall not be considered receipts.”

SECTION 11. Paragraph 4 of section 30 of said chapter 63, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- “For purposes of this section and subsection (a) of section 38, amounts included in federal gross income pursuant to section 951 of the Code shall be treated as dividends; provided that amounts included in federal gross income pursuant to section 951A of the Code shall not be treated as dividends.”

SECTION 12. Said paragraph 4 of said section 30 of said chapter 63, as so amended, is hereby further amended by striking out clause (viii) and inserting in place thereof  the following clause:- “(viii) the deductions allowed by sections 245A, 250(a)(1)(A), and 965(c) of the Code.”

SECTION 13. Section 38 of said chapter 63, as so appearing, is hereby amended by inserting after the word “dividends” in the first sentence of the second paragraph of subsection (f) the following words:- “, amounts included in federal gross income pursuant to section 951A of the Code”.