Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 62, § 5

Exempt income of individuals; exemption of stock bonus, pension or profit-sharing trust

Official textmalegislature.gov

Section 5. (a) Notwithstanding the provisions of section four, Part A taxable income, Part B taxable income and Part C taxable income, shall be exempt from all taxes imposed under this chapter if the Massachusetts adjusted gross income for the taxable year does not exceed the following threshold:

# (1)

in the case of a single person, eight thousand dollars, or

# (2)

in the case of a husband and wife filing a joint return or a person filing as a head of household, seven thousand six hundred dollars plus the deductions allowed under the following provisions of paragraph (b) of subsection (B) of section three of this chapter.

(A) an amount equal to that allowed for personal exemptions under clause (A) of subparagraph (1a) of said paragraph or clause (A) of subparagraph (2) of said paragraph, and

(B) an amount equal to the total exemption allowed under subparagraph (3) of said paragraph.

No tax imposed under this chapter shall exceed ten percent of the Massachusetts adjusted gross income less the aforementioned threshold; provided, however, that the provisions of this sentence shall not apply in any case where Massachusetts adjusted gross income exceeds one hundred and seventy-five hundredths of the aforementioned threshold. No exemptions shall be allowed under this section to a married individual filing a separate return, except for those individuals qualifying for head of household under section two (b) of the Code. In the case of a short taxable year, occurring for any reason other than residence during one portion of the normal taxable year and nonresidence during another portion, there shall be substituted for the above threshold amounts, those amounts which bear the same relation to such sums as the number of days in the taxable year bears to three hundred and sixty-five. With respect to a person who is a nonresident for all or part of the taxable year, Massachusetts adjusted gross income shall be determined as if he were a resident of the commonwealth throughout the entire taxable year.

(b) Notwithstanding any other provision of this chapter, no tax shall be imposed under this chapter upon any stock bonus, pension or profit-sharing trust qualifying under section four hundred and one of the Code or any individual retirement account qualifying under section four hundred and eight of the Code.

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In this chapter (40 sections)
  1. 62-1 · Definitions
  2. 62-2 · Gross income, adjusted gross income and taxable income defined;…
  3. 62-3 · Taxable income: adjusted gross income less deductions and…
  4. 62-4 · Rates of tax for residents, non-residents and corporate trusts
  5. 62-5 · Exempt income of individuals; exemption of stock bonus, pension…
  6. 62-5A · Taxation of income earned by non-residents; regulations;…
  7. 62-5B · Repealed, 1973, 723, Sec. 2
  8. 62-5C · Taxation of unincorporated homeowners' association
  9. 62-6 · Credits
  10. 62-6A-6B · Repealed, 1971, 555, Sec. 5
  11. 62-6C · Massachusetts State Election Campaign Fund; voluntary…
  12. 62-6D · Natural Heritage and Endangered Species Fund; contributions
  13. 62-6E · Organ Transplant Fund; voluntary contributions
  14. 62-6F · Gross income; determination of capital gains; basis of property
  15. 62-6G · Massachusetts State Public Health HIV and Hepatitis fund;…
  16. 62-6H · Massachusetts United States Olympic Fund; voluntary…
  17. 62-6I · Low-income housing tax credit
  18. 62-6J · Massachusetts historic rehabilitation tax credit
  19. 62-6K · Refunds and contributions credited to Massachusetts Military…
  20. 62-6L · Application and refund of certain credits under Sec. 6;…
  21. 62-6M · Contribution of refund to Homeless Animal Prevention and Care…
  22. 62-6N · Repealed, 2012, 224, Sec. 41A
  23. 62-6O · Massachusetts homeownership tax credit; application; amount…
  24. 62-7 · Repealed, 1979, 409, Sec. 4
  25. 62-7A-7B · Repealed, 1971, 555, Sec. 5
  26. 62-8 · Repealed, 2008, 173, Sec. 19
  27. 62-9 · Estates of deceased persons
  28. 62-10 · Income from trust estates; deductions
  29. 62-10A · Qualified funeral trusts
  30. 62-11 · Income received from nonresident trustee
  31. 62-11A · Income from pooled income funds and charitable remainder…
  32. 62-11B · Pooled income funds and charitable remainder annuity trusts or…
  33. 62-12-12A · Repealed, 2004, 262, Sec. 16
  34. 62-13 · Application of sections to all fiduciaries
  35. 62-14 · Applicability to corporate trustees
  36. 62-15 · Duties of corporate trustees
  37. 62-16 · Agreement as to total tax due from trustees
  38. 62-17 · Partners subject to tax; distributive shares; partners'…
  39. 62-17A · Taxation of shareholders of S corporations
  40. 62-18 · Repealed, 1976, 415, Sec. 100
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