The Angel Investor Tax Credit program is offered to investors that fund early-stage companies engaged in life sciences research and development, commercialization and manufacturing in Massachusetts.

The credit is jointly administered by the Massachusetts Life Sciences Center (MLSC) and the Massachusetts Department of Revenue (DOR).

The deadline for 2020 applications is January 22, 2021 (application link below).

How much is the credit?

• The program provides a taxpayer investor a credit of 20% of the qualifying investment (or 30% if the qualifying business is located in a Gateway Municipality).
• Credits are available up to $50,000 in any one taxable year for qualifying investments of up to $125,000 per qualifying business per year and up to $250,000 in cumulative qualifying investments for each qualifying business.
  
  

Credit Eligibility: Taxpayer Investor

• Investor must be an accredited investor as defined by the SEC.
• Investor must not be the principal owner of the qualifying business or work in the qualifying business as a full-time professional activity.
• Investors can only claim the tax credit after proof of eligibility from the MLSC has been obtained.
  • Proof of eligibility evidenced by:
    • Letter evidencing accredited investor status from CPA or lawyer
    • Certificate of good standing issued by Department of Revenue
• Investor can be a non-resident of Massachusetts as long as they have Massachusetts sourced income subject to tax in the state.

Credit Eligibility: Qualifying Business

• Principal place of business is in Massachusetts.
• Has at least 50% of its employees located in the business’s principal place of business.
• Employs 20 or fewer full-time employees at the time of the taxpayer investor’s initial qualifying investment in a business.
• Has a federal tax identification number.
• Has gross revenues equal to or less than $500,000 in the fiscal year prior to claiming eligibility.
• Has a fully developed business plan that includes all appropriate long-term and short-term forecasts and contingencies of business operations, including research and development, profit, loss and cash flow projections and details of angel investor funding.
  
  

Credit Eligibility: Investment Criteria

• Monetary investment that is at risk and is not secured or guaranteed.
• Investment must be made from January 1, 2020 – December 31, 2020.
• Investments must be used to support purposes such as:
  • Capital Improvements
  • Plant Equipment
  • Research and Development
  • Working Capital
• Investment fund must come directly from angel investor’s own funds.
  
  

Credit Administration

• The MLSC is responsible for program administration/management, including application intake and review, awarding the credit and monitoring for compliance.
• The DOR is responsible for administration of tax credits filed through individual’s annual MA tax return.
  
  

Additional Information

• Any amount of credit allowed that exceeds a taxpayer investor’s tax due for a taxable year under M.G.L. c. 62 may be carried forward to any of the three subsequent taxable years.
• The credit may be recaptured if the qualifying business ceases to have its principal place of business in the Commonwealth within the three taxable years following the taxable year of the investment.
• The application is more burdensome on the qualifying business than on the taxpayer investor, so we recommend discussing this credit opportunity with the CEO/CFO of the qualifying business.

To view the application:
https://www.masslifesciences.com/programs/angel-investor-tax-credit/

To review the regulations:
https://www.mass.gov/regulations/830-CMR-6265-angel-investor-tax-credit

If you think you may be eligible for this credit or if you have any questions, we encourage you to contact your GW & Wade Counselor or you can reach us at info@gwwade.com.

Happy and Healthy New Year!

Investment advisory services offered through GW & Wade, LLC.

The information provided above is the opinion of the author, general in nature and is not intended to represent specific investment or professional advice. No client or prospective client should assume that the above information serves as the receipt of, or a substitute for, personalized individual advice from GW & Wade, LLC, which can only be provided through a formal advisory relationship. Diversification and asset allocation do not ensure a profit or guarantee against loss. Past market performance is not a guarantee of future results.

Tax laws referenced and specific rates are subject to change.

In 2007, GW & Wade joined Focus Financial Partners as an indirect, wholly-owned subsidiary of Focus Financial Partners, LLC. Focus Financial Partners Inc. is the sole managing member of Focus Financial Partners, LLC and is a public company.

Clients of the firm who have specific questions should contact their GW & Wade Counselor. All other inquiries, including a potential advisory relationship with GW & Wade, should be directed to:

Laurie Wexler Gerber, Director of Marketing
GW & Wade, LLC
781-239-1188
lgerber@gwwade.com