Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 63, § 38I

Wages deemed compensation paid in commonwealth; deduction; election

Official textmalegislature.gov

Section 38I. In determining the net income subject to tax under this chapter for the taxable year, a business corporation may deduct in addition to any other allowable deduction under this chapter, a deduction equal to the credit allowed under section fifty-one of the Federal Internal Revenue Code as amended and in effect for the taxable year, with respect to wages deemed to be compensation paid in the commonwealth within the meaning of subsection (e) of section thirty-eight of this chapter; provided, however, that with regard to compensation qualifying for this deduction and the deduction under section thirty-eight F of this chapter, the corporation may elect either of two deductions but not both. Any such election must be made annually on the return filed and shall be irrevocable.

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In this chapter (40 sections)
  1. 63-34A · Repealed, 1924, 26, Sec. 1
  2. 63-35-36 · Repealed, 1976, 415, Sec. 102
  3. 63-37 · Repealed, 1966, 698, Sec. 57
  4. 63-38 · Determination of net income derived from business carried on…
  5. 63-38A · Taxable net income
  6. 63-38AA · Credit against taxes imposed for qualified donation of…
  7. 63-38B · Financial institutions and business corporations engaged…
  8. 63-38BB · Credit against taxes imposed for a certified housing…
  9. 63-38C · Repealed, 2008, 173, Sec. 66
  10. 63-38CC · Life Sciences refundable jobs credit
  11. 63-38D · Deduction of expenditures for industrial waste treatment or…
  12. 63-38DD · Credit against excise tax imposed under Secs. 2(b), 2B(b) or…
  13. 63-38E · Eligible business facility; excise credit
  14. 63-38EE · Community investment tax credit
  15. 63-38F · Deduction from net income for compensation paid to individuals…
  16. 63-38FF · Repealed, 2012, 224, Sec. 56A
  17. 63-38G · Reporting wholly-owned DISC income
  18. 63-38GG · Hiring of qualified veterans; excise tax credit
  19. 63-38H · Alternative energy sources; deduction
  20. 63-38HH · Credit for wages paid to qualified apprentice
  21. 63-38I · Wages deemed compensation paid in commonwealth; deduction;…
  22. 63-38II · Cranberry production
  23. 63-38J · Qualified research contribution deduction
  24. 63-38JJ · Tax credits for qualified employees with disabilities
  25. 63-38K · Repealed, 1985, 188, Sec. 10A
  26. 63-38KK · Tax credits for qualified employers hiring members of the…
  27. 63-38L · Natural Heritage and Endangered Species Fund; contributions
  28. 63-38LL · Offshore wind tax incentive program; refundable jobs credit
  29. 63-38M · Credit against amount of excise due; research expenses
  30. 63-38MM · Refundable credit for capital investment in an offshore wind…
  31. 63-38N · Economic development incentive program; tax credit for…
  32. 63-38NN · Nonrefundable credits for trainings; eligibility; credit…
  33. 63-38O · Economic target areas; tax deduction for renovation of…
  34. 63-38OO · Credit against the tax liability; transfer of credit; carry…
  35. 63-38P · Repealed, 2021, 68, Sec. 5
  36. 63-38PP · Massachusetts homeownership tax credit; amount allowed;…
  37. 63-38Q · Environmental response actions; credit
  38. 63-38QQ · Credit for taxpayers with an eligible theater production…
  39. 63-38R · Massachusetts historic rehabilitation tax credit
  40. 63-38RR · Refundable credit under climatetech tax incentive program;…
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