On April 30, 2025, MA Department of Revenue published a Technical Information Release explaining certain provisions of various legislation enacted in 2024. The following is a list of the provisions discussed in the TIR:
- New climatetech tax incentive
- new live theater credit
- new qualified internship credit
- new sales & use tax exemption for qualified data centers
- change to the economic development incentive program credit
- changes to the MA life sciences tax incentive program
- repeal of the angel investor credit
- changes to the MA research credit
- Single Sales factor rules for companies whose sales factor is inapplicable
- changes to the housing development incentive program
- changes to the offshore wind investment tax credit
- changes to the offshore wind jobs tax credit
- extension of the cranberry bog renovation credit
A couple key take aways from certain provisions listed above:
- The climatetech tax incentive program is administered by the Massachusetts clean energy technology center in consultation with the Commissioner of revenue. The program consists of three tax credits and a sales and use tax exemption. The purpose of this program is to develop and expand climatetech related employment opportunities in Massachusetts by supporting and stimulating research, development, innovation and manufacturing.
- The Live Theater Credit is administered by the MA office of Business Development, which runs a competitive grant program to award the credit. The amount of a live theater company’s credit is equal to 35% of its total in-state payroll costs, 25% of its total in-state production and performance expenditures and 25% of its total in-state transportation expenditures. To be eligibile, the theater production must be a live stage musical, dance, theatrical production or tour, additional requirements apply.
- The qualified internship credit is a new non-transferable, refundable credit for employers engaged in business in Massachusetts who are subject to tax under either G.L. c. 62 or 63 and employ qualified interns during the taxable year. The credit is equal to the lesser of $5,000 or 50% of the wages paid to each “net-new” qualified intern that the employer employes during the taxable year. An employer cannot claim more than $100,000 in credit in any taxable year. A qualified intern is a student at or a recent graduate of a public or private institution of hgher education located in Massachusetts who works for the employer for at least 12 weeks in the taxable year. The employer must demonstrate that the total number of its interns employed in the taxable year exceeds the average number of interns employed over the previous three taxable years.
- The Economic Development Act created a new exemption from sales and use tax for purchases of certain tangible personal property used for the construction or refurbishment of qualified data centers. The exemption applies to the purchase of eligible data center equipment, software and electricity use in the qualified data center and construction costs incurred in the building, renovation or refurbishment of a qualified data center. A data center operator or owner seeking to claim the exemption must submit an application to the Secretary of EOED to have the data center be certified as a qualified data center. Once certified, the exemption lasts for 20 years.
- Effective for tax years beginning on or after January 1, 2025, all business corporations that must apportion their income to MA to determine MA taxable income will use only the receipts or sales factor. In situations where the sales factor is inapplicable such as when the numerator and denominator are both zero, income will be apportioned based on percentage of property and payroll in Massachusetts.
the language of the TIR can be found at the following link: Working Draft TIR: Tax Provisions in Certain Massachusetts Legislation Enacted in 2024 | Mass.gov