On July 3, 2008, Governor Patrick signed a corporate tax bill that couples changes in tax policy with a corporate tax rate cut.
Despite unified support among state government leaders to advance such a package, agreement on how these policy changes and rate cuts would be crafted was far from certain. Several key provisions advocated by the Chamber have been included in the final package - including a clear definition of policy changes and phased-in corporate tax relief that, when fully implemented, will move this package closer to revenue-neutrality.
It is true that changes in long-standing corporate tax policies have an impact on economic competitiveness - both in perception and reality. However, the impact of such tax code changes can be mitigated when crafted in a clear, transparent, and discretion-limiting manner, while providing much-needed tax rate relief to businesses currently paying some of the highest rates in the nation. A quick summary of the bill is included below.
Tax Rate Cuts - Lowers the current rate for C-corporations of 9.5% (fourth-highest in the nation) to 8.75% in 2010, and makes further reductions to 8.0% by 2012. The bill also cuts the rate paid by financial services institutions from 10.5% to 9.0% during that same timeframe and provides similar phased-in rate relief to S-corporations. None of these tax cuts would be predicated on economic triggers, as had previously been considered by the legislature.
Policy Changes - Implements mandatory unitary combined reporting with a water's-edge election and the following provisions: adoption of a 10-year binding federal consolidated return election; inclusion of Federal Accounting Standards (FAS) 109 relief - a deduction designed to mitigate the financial reporting impact on net deferred tax liabilities or assets; and sharing of credits and net operating losses within a combined group. The bill also establishes conformity to federal "check-the-box" provisions for entity classification. The bill includes strict limitations on Dept. of Revenue discretionary powers in administering changes to the corporate tax code.
Studies - Establishes special municipal relief commission to study options for new and expanded local taxes, directs the Dept. of Revenue to prepare a feasibility study regarding conformity to the Streamlined Sales and Use Tax Agreement, and establishes a special legislative commission to further review state corporate tax laws (modernization and simplification of the current business tax laws, including the rate structure; reporting mechanisms of corporations; and the use and effectiveness of the single-sales factor apportionment formula).
The Chamber will continue to monitor this legislation as it is implemented.



Last week, State Treasurer Timothy Cahill addressed the Chamber's Government Affairs Forum.



