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830 CMR 64H.6.4: Regulation Fact Sheet

Date: 11/16/2007
Organization: Massachusetts Department of Revenue
Regulatory Authority: Massachusetts General Laws
Official Version: Published by the Massachusetts Register

MASSACHUSETTS DEPARTMENT OF REVENUE REGULATION FACT SHEET
 

TITLE: 830 CMR 64H.6.4: Research and Development

REGULATORY HISTORY

Regulatio promulgated 11/26/82 (old number 64H.08). New Regulation promulgated: 11/16/07
 

SUMMARY OF REGULATION

This regulation repeals and replaces 830 CMR 64H.6.4: Research and Development, which has been rendered obsolete by legislative amendments to the definitions of domestic and foreign research and development corporations provided in G.L. c. 63, §§ 38C and 42B. See St. 2003, c.141, §§ 27, 29. This regulation in particular:
 

  • explains the sales tax exemptions in G.L. c. 64H, §§ 6(r), (s) to purchases of tangible personal property used directly and exclusively in research and development by research and development corporations and manufacturing corporations;
  • explains the requirements for qualification as domestic and foreign research and development corporations under G.L. c. 63, §§ 38C, 42B, respectively;
  • addresses the scope of activities that constitute research and development;
  • addresses the types of receipts and expenditures that qualify (and do not qualify) for purposes of meeting the statutory tests for qualification as a research and development corporation;
  • provides rules that apply to sourcing receipts and expenditures for corporations that perform research and development both in Massachusetts and elsewhere;
  • discusses the "used directly and exclusively in research and development" requirement of G.L. c. 64H, sections 6(r) and (s);
  • discusses availability of certain credits and other exemptions available to qualifying research and development corporations.

REASON FOR CHANGE

Legislative amendments to G.L. c. 63, §§ 38C and 42B by St. 2003, c. 141, §§ 27-29 rendered regulation obsolete, pursuant to authority granted the Commissioner by G.L. c. 14, § 6(1); G.L. c. 62C, § 3.

PREPARED BY

Massachusetts Department of Revenue
Rulings and Regulations Bureau
100 Cambridge Street, 7 th floor
Boston, Massachusetts 02114
(617) 626-3250
FAX: (617) 626-3290

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