On July 4, 2025, P.L. 119-21 became law.[2] Public Law 119-21 made numerous amendments to the Internal Revenue Code (“Code”). The Supplemental Budget delays Massachusetts conformity to certain of these Code amendments under the Massachusetts income tax imposed by G.L. c. 62 and the net income measure of the Massachusetts corporate excise (the “Massachusetts corporate excise”) imposed by G.L. c. 63.
Generally, Massachusetts conforms to the Code definitions of gross income and net income under the current Code as amended and in effect for the taxable year for corporate excise purposes.[3] For Massachusetts income tax purposes, Massachusetts follows the provisions of the Code as amended and in effect on January 1, 2024.[4] However, in certain instances for income tax purposes, including the deduction of trade and business expenses, Massachusetts specifically adopts provisions of the Code as currently in effect for the taxable year.[5]
A. Domestic Research and Experimental Expense Deductions Under Code § 174 and New Code § 174A
Public Law 119-21 amended Code § 174 with respect to domestic research and experimental expenses paid or incurred for taxable years beginning after December 31, 2024, and created a new Code section, § 174A, which allows for the full expensing of domestic research and experimental costs paid or incurred by the taxpayer in the taxable year.[6] Under the new Code § 174A, taxpayers may elect to fully deduct such expenditures in the current taxable year or amortize them over periods consisting of five or ten years.[7] Taxpayers must continue to amortize foreign research and experimental costs under Code § 174 over 15 years.[8]
For those research and experimental costs incurred between January 1, 2022 and December 31, 2024 but not yet fully amortized, P.L. 119-21 includes transition rules that allow taxpayers to elect to deduct any remaining unamortized expenditures over a one-year period or ratably over a two-year period.[9] The transition rules also allow for small business taxpayers with annual gross receipts of $31 million or less to apply retroactively the new Code § 174A for taxable years 2022 through 2024.[10]
Pursuant to the Supplemental Budget, Massachusetts delays conformity to Code § 174A and the amendments to Code § 174 until taxable years beginning on or after January 1, 2026.[11] Therefore, Massachusetts taxpayers claiming Code § 174A deductions for federal tax purposes, or the deductions allowed under the transition rules in P.L. 119-21, § 70302(f), must recalculate such deductions and instead apply Code § 174 without regard to the amendments made by P.L. 119-21 when computing their adjusted gross income under G.L. c. 62, § 2, or net income under G.L. c. 63, § 30.4 for taxable years beginning on or after January 1, 2022 but before January 1, 2026.[12]
B. Bonus Depreciation for Qualified Production Property Under Code § 168(n)
Public Law 119-21 created a new Code subsection, § 168(n), which allows taxpayers to claim a full depreciation deduction for qualified production property in the year it is placed in service.[13] Qualified production property is nonresidential real property elected by the taxpayer to be treated as such and that (1) is used by the taxpayer as an integral part of a qualified production activity in the U.S., (2) was originally used by the taxpayer, (3) the construction of which began after January 19, 2025 and before January 1, 2029, and that (4) is placed in service before January 1, 2031.[14] A taxpayer can meet the original use requirement even if the property was not used in a qualified production activity between January 1, 2025 and May 12, 2025.[15] The adjusted basis of the qualified production property shall be reduced by the amount of such deduction.[16]
Pursuant to the Supplemental Budget, Massachusetts delays conformity to Code § 168(n) until taxable years beginning on or after January 1, 2027.[17] Therefore, Massachusetts taxpayers must back out any federal deductions taken under Code § 168(n) when computing their adjusted gross income under G.L. c. 62, § 2, or net income under G.L. c. 63, § 30.4 for taxable years beginning on or after January 1, 2025 but before January 1, 2027.[18]
C. Increased Dollar Thresholds for Deductible Amounts when Expensing Certain Business Assets Under Code § 179
Code § 179 allows businesses to deduct the full purchase price of qualifying equipment, software, and property in the year it is placed in service, rather than depreciating the costs over time.[19] Previously, this deduction was limited to $1 million per year and was reduced by the cost of the property over $1 million and phased-out for costs exceeding $2.5 million. Public Law 119-21 increased the expense limitation for Code § 179 property placed in service for taxable years beginning on or after January 1, 2025, from $1 million to $2.5 million and increased the amounts applicable to the reduction and phase-out from $2.5 million to $4 million.[20] The inflation adjustment formula for increasing these dollar amounts was also modified by updating the base year from 2016 to 2024.[21]
Pursuant to the Supplemental Budget, Massachusetts delays conformity to the amendments made to Code § 179 until taxable years beginning on or after January 1, 2027.[22] Therefore, Massachusetts taxpayers claiming Code § 179 deductions for federal tax purposes must recalculate such deductions without regard to the amendments made by P.L. 119-21 to Code § 179 when computing their adjusted gross income under G.L. c. 62, § 2, or net income under G.L. c. 63, § 30.4 for taxable years beginning on or after January 1, 2025 but before January 1, 2027.[23]
D. Modification of Limitation on Business Interest Expense Deduction Under Code § 163(j)
Code § 163(j) limits the business interest expense deduction to the sum of (1) the business interest income of the taxpayer in the taxable year, (2) 30% of the adjusted taxable income of the taxpayer in the taxable year, and (3) the floor plan financing interest of the taxpayer in the taxable year.[24] Public Law 119-21 amended Code § 163(j) for taxable years beginning on or after January 1, 2025, by modifying the definition of "adjusted taxable income" to mean the taxable income computed without regard to any deduction allowable for depreciation, amortization, or depletion.[25] Previously, these expenses were only disregarded with respect to taxable years beginning before January 1, 2022.
Pursuant to the Supplemental Budget, Massachusetts delays conformity to the inclusion of deductions allowed for depreciation, amortization, or depletion in the computation of “adjusted taxable income” under Code § 163(j)(8)(A)(v) until taxable years beginning on or after January 1, 2027. Therefore, Massachusetts taxpayers claiming Code § 163(j) deductions for federal tax purposes must recalculate their Code § 163(j) “adjusted taxable income” and deductions taken accordingly when computing their adjusted gross income under G.L. c. 62, § 2, or net income under G.L. c. 63, § 30.4 for taxable years beginning on or after January 1, 2025, but before January 1, 2027.[26]
E. Changes to the Tax Treatment of Investments in Qualified Opportunity Zones Under Code § 1400Z-2
Public Law 119-21 permanently renewed and modified the tax benefits of investments in qualified opportunity zones provided by Code § 1400Z-2.[27] Code § 1400Z-2 provides three tax benefits: (1) deferral of invested capital gain,[28] (2) partial exclusion of invested capital gain,[29] and (3) tax-free investment growth.[30] Prior to P.L. 119-21, these benefits either had expired or were to set expire, but P.L. 119-21 made these benefits permanent. Public Law 119-21 further established that the partial exclusion of invested capital gain is equal to 10% of the invested capital gain for general opportunity zone investments and 30% of invested capital gain for rural opportunity zone investments, provided that such investments are held for five years. Public Law 119-21 also provided for a rolling 30-year limit for investors to sell their investment and fully exclude the gain from the sale, as well as a basis-step up for investments held beyond that 30-year limit.
Pursuant to the Supplemental Budget, Massachusetts delays conformity to these amendments made by P.L. 119-21 to Code § 1400Z-2 to taxable years beginning on or after January 1, 2027.[31] Therefore, Massachusetts corporate excise taxpayers must recalculate their federal Code § 1400Z-2 exclusions using Code § 1400Z-2 without regard to the amendments made by P.L. 119-21 to Code § 1400Z-2 for taxable years beginning in 2025 or 2026.[32]
For taxable years beginning on or after January 1, 2026, the Supplemental Budget amends the definition of a “Qualified Opportunity Zone” under Code § 1400Z-1 for Massachusetts purposes to include only areas located entirely within the Commonwealth.[33] Massachusetts income taxpayers and corporate excise taxpayers must add back any exclusions taken for investments made in opportunity zones not located entirely within Massachusetts in taxable years beginning on or after January 1, 2026.