Massachusetts General Laws
Chapter 62 - Taxation of Incomes
Section 63 - Installment Transactions

Section 63. (a) For the purposes of this section, the term ''installment transaction'' shall mean a transaction which:
(1) is treated for federal income tax purposes under section 453 of the Code; and
(2) would, but for the application of said section 453 of the Code, result in an item of Massachusetts gross income for the taxable year of the transaction that is equal to or greater than $1,000,000.
(b) In the case of any person having an installment transaction for a taxable year, the federal gross income of such taxable year shall be modified for the purpose of applying section two as follows:
(1) the federal gross income shall be increased by the excess of the federal adjusted basis of the property disposed of in the transaction over the Massachusetts adjusted basis of such property, or, if there is more than one such transaction by the sum of all such excesses; and
(2) the federal gross income shall be decreased by the excess of the Massachusetts adjusted basis of the property disposed of in the transaction over the federal adjusted basis of such property, or, if there is more than one such transaction, by the same of all such excesses.
(3) no modification shall be made under this subsection to the extent that such modification would duplicate a modification required under section six F.
(c) Any person having an installment transaction in a taxable year shall file a return for such taxable year and shall, with respect to all such transactions in such year, as a group and not separately, file with the return an election to be treated either under paragraph (d) or (e) of this section. Once made election shall not be revoked without the consent of the commissioner. In the case of a person having an installment transaction treated under section four hundred and fifty-three of the Code such election shall apply to the taxable year and to all subsequent taxable years, unless the commissioner consents to a new election for any taxable year and all subsequent taxable years.
(d) If installment transaction treatment under this paragraph is elected for any taxable year no further modifications with respect to installment transactions of such taxable year shall be made to federal gross income in determining Massachusetts gross income for such taxable year or for any subsequent taxable year of any person. There shall be computed the excess, if any, of the tax which would have been imposed under this chapter for the taxable year had the method of paragraph (e) of this section been elected over the tax actually imposed by this chapter for such taxable year. The person making the election shall deposit with the commissioner security, in a form satisfactory to the commissioner, in an amount equal to such excess for the payment of future taxes under this chapter. When all federal gross income to be included with respect to installment transactions of such taxable year has been included in federal gross income, and all resulting taxes have been paid to the commonwealth, the commissioner shall release the security deposited for such taxable year. The commissioner shall by regulation provide for proportionate releases in intervening years. All items of federal gross income arising from such installment transactions shall be deemed to be income from sources within the commonwealth.
(e) If installment transaction treatment under this paragraph is elected for any taxable year the federal gross income of such taxable year shall be further modified, for the purpose of applying section two by eliminating the effect of the treatment under section four hundred and fifty-three of the Code of all installment transactions of such taxable year. For each subsequent taxable year as to which an item of federal gross income is includable by any person with respect to such an installment transaction, the federal gross income of such person shall be modified, for purposes of applying section two, by reducing federal gross income by the sum of all such items.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title IX - Taxation

Chapter 62 - Taxation of Incomes

Section 1 - Definitions

Section 2 - Gross Income, Adjusted Gross Income and Taxable Income Defined; Classes

Section 3 - Taxable Income: Adjusted Gross Income Less Deductions and Exemptions

Section 4 - Rates of Tax for Residents, Non-Residents and Corporate Trusts

Section 5 - Exempt Income of Individuals; Exemption of Stock Bonus, Pension or Profit-Sharing Trust

Section 5a - Taxation of Income Earned by Non-Residents; Regulations; Certain Military Personnel

Section 5c - Taxation of Unincorporated Homeowners' Association

Section 6 - Credits

Section 61/2 - Medical Device Company Tax Credit; Credit Transfer Program

Section 6c - Massachusetts State Election Campaign Fund; Voluntary Contributions

Section 6d - Natural Heritage and Endangered Species Fund; Contributions

Section 6e - Organ Transplant Fund; Voluntary Contributions

Section 6f - Gross Income; Determination of Capital Gains; Basis of Property

Section 6g - Massachusetts State Public Health HIV and Hepatitis Fund; Voluntary Contributions; Use of Contributions

Section 6h - Massachusetts United States Olympic Fund; Voluntary Contributions

Section 6i - Low-Income Housing Tax Credit

Section 6j - Massachusetts Historic Rehabilitation Tax Credit

Section 6k - Refunds and Contributions Credited to Massachusetts Military Family Relief Fund

Section 6l - Application and Refund of Certain Credits Under Sec. 6; Substantiation of Claims; Regulations

Section 6m - Contribution of Refund to Homeless Animal Prevention and Care Fund; Annual Report

Section 9 - Estates of Deceased Persons

Section 10 - Income From Trust Estates; Deductions

Section 10a - Qualified Funeral Trusts

Section 11 - Income Received From Nonresident Trustee

Section 11a - Income From Pooled Income Funds and Charitable Remainder Annuity Trusts or Unitrusts; Deduction and Withholding

Section 11b - Pooled Income Funds and Charitable Remainder Annuity Trusts or Unitrusts; Returns, Declarations of Estimated Tax and Payments; Liability

Section 13 - Application of Sections to All Fiduciaries

Section 14 - Applicability to Corporate Trustees

Section 15 - Duties of Corporate Trustees

Section 16 - Agreement as to Total Tax Due From Trustees

Section 17 - Partners Subject to Tax; Distributive Shares; Partners' Separate Returns; Determination of Income; Common Trust Funds

Section 17a - Taxation of Shareholders of S Corporations

Section 25 - Individuals, Fiduciaries and Estates Subject to Tax

Section 42 - Liability of Fiduciaries

Section 54 - Severability

Section 62 - Methods of Accounting; Fiscal Years

Section 63 - Installment Transactions

Section 64 - Optional Tax Table

Section 6.5 - Medical Device Company Tax Credit; Credit Transfer Program