Tag Archives: Sales Tax

SJC Holds that Drop-Shipper has Burden of Proving Sales Were Not Subject to Sales Tax; Is Liable for Tax

In D & H Distributing Company v. Commissioner, the Supreme Judicial Court (“SJC”) considered whether the taxpayer, a distributor located outside of Massachusetts, bore the burden of proving that a drop shipment to a Massachusetts customer was a “sale at retail” upon which the distributor had an obligation to collect Massachusetts sales or use tax.  The transactions … Continue Reading

Hearing on August 24 regarding Massachusetts Sales Tax “Cookie” Nexus Draft Regulation for Internet Vendors

Massachusetts is looking to join a growing list of states asserting that internet vendors that lack traditional “physical presence” in a state must still collect sales tax if they have sufficient economic contacts.  But unlike states that have passed “Kill Quill” statutes that challenge Quill directly, Massachusetts takes a more nuanced approach that potentially presents … Continue Reading

Governor Baker Releases Proposed FY 2018 Budget Including Extending Sales Tax Collection to Online Retailers and Expanding Room Occupancy Tax to Short-Term Rentals

On January 25, 2017, Governor Charlie Baker released his proposals for the Commonwealth’s fiscal year 2018 budget. Among the proposed tax/revenue changes in the proposal are the following: Extending sales tax collection responsibilities to online retailers who do not have a physical location in Massachusetts but who have sales in Massachusetts that exceed $500,000 annually. … Continue Reading

Update: Massachusetts Supreme Judicial Court Agrees To Hear Regency Transportation Appeal

The Massachusetts Supreme Judicial Court has agreed to accept jurisdiction and hear the taxpayer’s appeal in Regency Transportation, Inc. v. Commissioner, a case in which the Appellate Tax Board, (“ATB”) upheld the Department of Revenue’s assessment of use tax on trucks which, although stored and serviced in Massachusetts, were purchased outside of Massachusetts and used for transportation … Continue Reading

Tax Amnesty Program Becomes Law; Will Be Offered During Fall of 2014

As part of the Fiscal Year 2015 Budget, the Commonwealth has established a tax amnesty program.  The amnesty period will last from September 2 through October 31, 2014.  If a taxpayer pays delinquent taxes during the amnesty period, the Department of Revenue will waive any associated penalties.  The program will cover unpaid sales and use, … Continue Reading

Are early termination fees charges for “telecommunications services” in Massachusetts?

The ATB recently received a petition challenging the imposition of sales tax on the early termination fee charged by a mobile telecommunications  The Department asserted at audit that the early termination fees were charges for telecommunications services and, thus, subject to Massachusetts sales tax.  The taxpayer is now challenging that assessment. Read more about the … Continue Reading
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