HOUSE DOCKET, NO. 2691 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 145
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The Commonwealth of Massachusetts
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PRESENTED BY:
Robert F. Fennell
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to bona fide business entities.
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PETITION OF:
Name: | District/Address: | Date Added: |
Robert F. Fennell | 10th Essex | 1/16/2015 |
Tackey Chan | 2nd Norfolk |
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John J. Lawn, Jr. | 10th Middlesex |
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Bruce J. Ayers | 1st Norfolk |
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Paul McMurtry | 11th Norfolk |
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HOUSE DOCKET, NO. 2691 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 145
By Mr. Fennell of Lynn, a petition (accompanied by bill, House, No. 145) of Robert F. Fennell and others relative to the definition of “bona fide business entities”. Community Development and Small Businesses. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 165 OF 2013-2014.]
The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act relative to bona fide business entities.
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. The Massachusetts General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after Chapter 93K the following new chapter:
Chapter 93L, Bona Fide Business Entities
Section 1. 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.