HOUSE DOCKET, NO. 1114        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2858

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act establishing a fuel tax credit.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1.Notwithstanding any general or special law, rule regulation to the contrary, for taxable years 2008 and 2009, there shall be deducted from adjusted gross income in determining income: up $1000 cost of home heating oil, natural gas, propane deduction available single persons if taxpayer's is equal less than $50,000, joint filers who qualify as a head household $75,000.

(a) The deductions may be used only for the cost of home heating oil, natural gas and propane purchased between November 1, 2007 and March 31, 2008.

(b) Any taxpayer entitled to a deduction under this section may apply the deduction in taxable year 2008 for purchases made in 2008. If the taxpayer does not take the full $1000 deduction in taxable year 2008, the taxpayer may take the remainder in taxable year 2009 for purchases made in 2009 through March 31, 2009.

(c) The commissioner of revenue shall promulgate rules and regulations necessary to implement this section. The commissioner shall also include in such rules and regulations eligibility provisions for a taxpayer who owns a condominium or a cooperative dwelling and for whom such purchases are accounted for in a common area fee or special assessment against such costs as may be reasonably attributed to the percentage ownership share of the condominium or cooperative dwelling costs; and provided further, that the commissioner shall also include in such rules and regulations eligibility provisions for a taxpayer who rents a residential dwelling and for whom such purchases are accounted for in the rent and provisions that account for multiple renters in a residential dwelling. The department shall file a copy of any rules and regulations with the clerks of the senate and House of Representatives and with the joint committee on revenue.