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HOUSE DOCKET, NO. 3218         FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 165


The Commonwealth of Massachusetts



Robert F. Fennell


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.






Robert F. Fennell

10th Essex

Tackey Chan

2nd Norfolk

Bruce J. Ayers

1st Norfolk

John J. Lawn, Jr.

10th Middlesex

Robert L. Hedlund

Plymouth and Norfolk

HOUSE DOCKET, NO. 3218        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 165

By Mr. Fennell of Lynn, a petition (accompanied by bill, House, No. 165) of Robert F. Fennell and others relative to the definition of "bona fide business entities".  Community Development and Small Businesses. 

The Commonwealth of Massachusetts


In the Year Two Thousand Thirteen



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 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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