AN ACT RELATIVE TO CREDIT FOR HARBOR MAINTENANCE TAXES PAID.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 63 of the General Laws, as appearing in the 1994
Official Edition is hereby amended by inserting after section 38 O the
Section 38P. (a) As used in this section, the following terms shall have
the following meanings:
"Break-bulk cargo", shall mean general goods, commodities or wares which are
customarily shipped in boxed, bagged, crated or unitized form, held in the
vessel's general holding areas, and handled by the piece, unit or in separate
lots; without limiting the generality of the foregoing definition of break-bulk
cargo, that term shall include road motor vehicles and other odd-size cargo,
but shall not include containerized cargo or bulk cargo.
"Bulk cargo", shall mean unsegregated mass commodities including, without
limitation, items such as petroleum products, coal and bulk salt which are
carried loose and which are customarily loaded and unloaded by pumping,
shoveling, scooping or other similar means.
"Containerized cargo", shall mean general goods, commodities or wares that
are shipped in non-disposable, reusable, commercial sized shipping containers
that are customarily used on sea and ocean going vessels for the convenient
shipment of such goods, commodities or wares.
(b) A corporation subject to the excise imposed under sections thirty-two or
thirty-nine shall be allowed a non-refundable credit for the qualifying harbor
maintenance tax paid during the taxable year. Qualifying harbor maintenance
tax shall be the tax paid to the federal government by a corporation as a
shipper, importer or exporter pursuant to section forty-four hundred and
sixty-one of the federal Internal Revenue Code subject to the following
conditions and limitations: (1) the tax must be paid with respect to the
shipment of break-bulk cargo or containerized cargo; (2) the tax must be paid
with respect to shipment by sea and ocean-going vessels through ports located
in this commonwealth; and (3) tax paid with respect to passengers, the
shipment of bulk cargo or the shipment of any other cargo or item or commerce
not included within the meaning of clause (1) hereof is not qualifying harbor
(c) The credit allowed under this section for qualifying harbor maintenance
tax shall not be subject to the limitations of section thirty-two C; provided,
however, that the credit allowed by this section shall not reduce the excise
due under this chapter below the minimum excise provided by sections
thirty-two (b) and thirty-nine (b).
(d) Any unused credit may be carried forward from the year earned, and
applied against the excise due from the taxpayer under this chapter in any of
the succeeding five taxable years.
SECTION 2. This act shall apply to qualified harbor maintenance tax
paid on or after July first, nineteen hundred and ninety-six.