Section. 1. The Massachusetts General Laws, as appearing in the 2010 official edition, is hereby amended by inserting after section 93 I the following section.
Chapter 93J, Bona Fide Business Entities
A business entity that provides services under a written contract is not an employee for the purposes of Title IX, Taxation, and Title XXI, Labor and Industries, provided that the business entity is bona fide. A business entity will be deemed to be bona fide if it is shown that:
(a) The business entity is registered as such with the Secretary of the Commonwealth and is in good standing;
(b) The business entity includes the compensation it receives for the services it renders on federal and applicable state tax schedules as income from an independent business or profession;
(c) The business entity reports the compensation paid to its employees, if any, to the Internal Revenue Service and the Massachusetts Department of Revenue; and
(d) The business entity complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its employees.
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