Massachusetts General Laws
Chapter 62 - Taxation of Incomes
Section 6f - Gross Income; Determination of Capital Gains; Basis of Property

Section 6F. (a) In determining Massachusetts gross income, if the federal gross income includes any item of gain or has been reduced by any item of loss, with respect to property, then the federal gross income shall be increased by the excess of the federal adjusted basis of such property over the Massachusetts adjusted basis thereof, and shall be decreased by the excess of the Massachusetts adjusted basis of such property over the federal adjusted basis thereof.
(b)(1) The Massachusetts initial basis of property held on December thirty-first, nineteen hundred and seventy shall be determined as follows:—
(A) In the case of property as to which, if it had been sold on December thirty-first, nineteen hundred and seventy in the course of business, a gain realized on such sale would have been taxable under this chapter to its then owner:
(i) The Massachusetts initial basis shall, for purposes of computing gain, be its adjusted basis as computed under this chapter as in effect on December thirty-first, nineteen hundred and seventy, and
(ii) The Massachusetts initial basis shall, for the purpose of computing loss, be the lower of the basis computed under clause (i) of this subparagraph or the federal adjusted basis for the determination of loss as of such date.
(B) In the case of any other property the Massachusetts initial basis shall be its federal adjusted basis on such date, determined without regard to any federal adjustment made under section one thousand and fifteen (d) of the Code.
(2) The Massachusetts initial basis of property acquired after December thirty-first, nineteen hundred and seventy shall be determined as follows:—
(A) If the taxpayer's federal basis of the property at acquisition is determined without regard to the basis of such property in the hands of the transferor or of other property in the hands of the transferee, hereinafter called the ''basis of prior property'', the Massachusetts initial basis shall be the federal basis, determined without regard to any federal adjustment made under section one thousand and fifteen (d) of the Code.
(B) If such federal basis is determined in whole or in part by application of the basis of prior property, and
(i) if no item of gain is includible in federal gross income and federal gross income has not been reduced by any item of loss, with respect to the transaction, the Massachusetts initial basis shall be the initial federal basis, increased by the excess of the Massachusetts adjusted basis over the federal adjusted basis of prior property, or decreased by the excess of the federal adjusted basis over the Massachusetts adjusted basis of prior property, or
(ii) otherwise, the Massachusetts initial basis shall be the initial federal basis of the acquired property.
(C) Notwithstanding subparagraphs (A) and (B), in the case of property acquired from a decedent within the meaning of section one thousand and fourteen (b) of the Code, the initial basis of such property shall be determined under section one thousand and fourteen of the Code, without reference to section one thousand and fourteen (d) of the Code; except that in the case of an election under subsection (a) or (c) of section five of chapter sixty-five C, the initial basis shall be its value determined under the provisions of such section on the applicable valuation date.
(c)(1) The Massachusetts adjusted basis of property shall be the Massachusetts initial basis of property adjusted by applying the same adjustments as are made to the federal basis for periods after determination of the initial basis, except as hereinafter provided.
(2) There shall be disregarded any federal adjustment resulting from provisions of the Code that were not applicable in determining Massachusetts gross income at the time such federal adjustments were made, and
(3) Adjustments shall be made for any item which was applicable in determining Massachusetts gross income but which was not so applicable in determining federal gross income and for which a federal adjustment would be allowed under the provisions of the Code if the item had been applicable in determining federal gross income.
(4) There shall be disregarded, and the federal basis shall be modified to the extent necessary to disregard, any federal adjustment under section one thousand and fifteen (d) of the Code.
(d) The rules prescribed in this section shall apply to non-residents; except that if any non-resident has owned any items of property during a period when the income or gains from such items were not subject to taxation under this chapter, and if the income or gains from such items subsequently became or become subject to taxation under this chapter, then the special limitations of subparagraphs (2) to (4), inclusive, of paragraph (c) of this section shall not apply as to such period.

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