July 2006

 

 

 

 


 

 

 

 

 

 


 


Massachusetts Enacts Tax Credit for Medical Device User Fee Payments Incentive is the First-of-its Kind in the Nation




 

On Saturday, July 8, Massachusetts Governor Mitt Romney signed legislation into law that establishes a state tax credit for payment of medical device user fees to the FDA. The legislation, originally developed and proposed by MassMEDIC, was passed by the legislature as part of an economic stimulus bill approved last month.

The newly-enacted law will grant Massachusetts medical device manufacturers a 100% tax credit for user fee payments associated with 510(k) or PMA products developed or manufactured in this state. The law also allows companies that cannot use the tax credit, due to lack of revenue, to sell their credits to third parties. This provision was designed to assist early-stage companies that are introducing their first product to market.

The medical device user fee payment tax credit, the first of its kind in the country, will take effect immediately and will be administered by the Massachusetts Department of Revenue (DOR). In the coming weeks MassMEDIC will work with the DOR to implement the tax credit in a timely fashion and to inform Massachusetts' medtech OEMs of its availability.

This fall, MassMEDIC will conduct a seminar with KPMG to provide further details on the tax credit to members. More information on that session will be forthcoming.