(a) General. If a taxpayer is required under M.G.L. c. 63B, § 2, and under 830 CMR 63B.2.2(4) through (6) to make estimated tax payments of its required annual payment and fails to make the payments, the Commissioner will impose an addition to tax upon the amount of the underpayment for the period of the underpayment. For underpayments prior to January 1, 1993, an addition to tax of 18% per year will be imposed. For underpayments outstanding or coming into existence on or after January 1, 1993, an addition to tax at the rate established under M.G.L. c. 62C, § 32 will be imposed.
(b) Standards for Calculation of a Taxpayer's Required Annual Payment. The Commissioner will not impose an addition to tax for underpayment of an estimated tax payment if the amount of the payment made on or before the due date equals the required percentage of the taxpayer's required annual payment as described in 830 CMR 63B.2.2(4) through (6), in accord with the following rules:
1. 90% of the Tax Shown on the Return for the Current Taxable Year. The Commissioner will not impose an addition to tax for underpayment of estimated tax if the estimated tax payments for the current taxable year equal or are greater than 90% of the tax shown on the return for the current taxable year or, if no return is filed, 90% of the tax liability as finally determined for the current taxable year.
2. 100% of the Tax Shown on the Return for the Preceding Taxable Year.
a. General. The Commissioner will not impose an addition to tax for underpayment of estimated tax if the estimated tax payments for the current taxable year equal or are greater than 100% of the tax shown on the return for the preceding taxable year, except as provided in 830 CMR 63B.2.2(8)(b)2.b.
b. Exception not Applicable to Large Corporations.
i. The exception provided in 830 CMR 63B.2.2(8)(b)2.a. does not apply to a taxpayer that is a large corporation, as defined in I.R.C. § 6655(g)(2), as amended on January 1, 1989, and in effect for the taxable year.
ii. A large corporation may use the exception provided in 830 CMR 63B.2.2(8)(b)2.a. for the purposes of making its first estimated tax payment as long any reduction in the first estimated tax payment caused by the use of this exception is made up by increasing the amount of the next installment by the amount of the reduction.
iii. Any taxpayer that is a large corporation for purposes of determining any addition to federal tax under I.R.C. § 6655 in any taxable year is also deemed to be a large corporation for purposes of the exception in 830 CMR 63B.2.2(8)(b)2.a. for the same taxable year. The rules for component members of a controlled group of corporations under I.R.C. §§ 1561, 6655(g)(B)(ii), apply for determining whether a corporation is a large corporation for Massachusetts purposes.
iv. The Commissioner will not impose the addition to tax for underpayment from large corporations if the large corporation can show that the amount of any payment made on or before the due date equalled the required percentage of the large corporation's tax for the current taxable year, as described in 830 CMR 63B.2.2(8)(b)1., without regard to any extraordinary, non‑recurring event or circumstances that occur after the due date for the estimated tax payment, so long as the estimated tax payment due immediately following the extraordinary event includes the amount of the increase due to the extraordinary event.
v. The Commissioner will impose the addition for tax for underpayment if the large corporation did not pay the applicable percentage of tax for any estimated tax payment because of seasonal, cyclical, or otherwise predictable events in the current taxable year of the large corporation.
3. 90% of the Tax for the Current Taxable Year or, if no Return is Filed, 90% of the Tax for the Current Taxable Year Determined Using the Income Apportionment Percentage for the Preceding Taxable Year.
a. Return is Filed. When a return is filed, the Commissioner will not impose an addition to tax for underpayment of estimated tax if the estimated tax payments for the current taxable year equal or are greater than 90% of the tax liability as finally determined for the current taxable year.
If an addition to tax for underpayment of estimated tax is imposed at the time a return is filed because the taxpayer did not come within the safe harbor of either 830 CMR 63B.2.2(8)(b)1. or 830 CMR 63B.2.2(8)(b)2. but subsequently - for example, after an abatement, or credit given on an audit, or reduction in tax resulting from a federal change - the taxpayer's estimated tax payments for that year equal or are greater than ninety percent of the taxpayer's revised tax liability for that year, then the previously imposed addition to tax will also be abated.
Example: Company A makes estimated tax payments during 2001 of $800 and files a 2001 corporate excise return showing a tax liability of $1,000. Company A's 2000 return showed a tax liability of $900. Because Company A does not meet either the 90% of this year's tax safe harbor or the 100% of last year's tax safe harbor, it pays an addition to tax on its underpayment of estimated tax. In 2003, Company A obtains an abatement of $150 for its 2001 corporate return. Because the $800 it paid in estimated tax payments for 2001 equals or is greater than 90% of Company A's actual 2001 tax liability ($850 x 90% = $ 765) the addition to tax paid on the 2001 return is abated.
b. No Return is Filed. When no return is filed, the Commissioner will not impose an addition to tax for underpayment of estimated tax if the estimated tax payments for the current year equal or are greater than 90% of the taxpayer's tax liability for the current taxable year, as calculated by multiplying the Commissioner's estimate of the taxpayer's current taxable net income by the preceding taxable year's income apportionment percentage, if any. Taxpayers who apportioned no income to Massachusetts in the preceding taxable year cannot assert this safe harbor provision, 830 CMR 63B.2.2(8)(b)3(b.).
(c) Addition to Tax for Underpayment and the Application of Tax Refunds to Estimated Taxes. The Commissioner will generally not impose any addition to tax for underpayment of estimated tax against any taxpayer that meets both of the following requirements:
1. The taxpayer requests that its tax refund, or any portion of the tax refund, for the preceding taxable year be applied to its estimated taxes for the current taxable year; and
2. The amount of tax refund applied from the preceding taxable year is equal to or greater than the required annual payment as calculated under 830 CMR 63B.2.2(8)(b).
(d) Collection of Addition to Tax for Underpayment. The Commissioner will assess and collect the addition to tax for underpayment in the same manner as the Commissioner assesses and collects the tax on domestic business corporations under M.G.L. c. 63, § 32.