Amendment #762 to H3400

Meals Tax Holiday

Representatives Orrall of Lakeville, D'Emilia of Bridgewater, Kuros of Uxbridge, Lombardo of Billerica and O'Connell of Taunton move to amend the bill by adding the following section:

"Section XXXX. Section 1. Notwithstanding any general or special law to the contrary, for the days of August 11-15, 2013, an excise tax shall not be imposed upon meals purchased in restaurants, as those terms are defined in Section 6 of Chapter 64H of the General Laws, as appearing in the 2008 Official Edition.

Section 2.  Notwithstanding any general or special law to the contrary, for the days of August 11-15, 2013, a restaurant in the Commonwealth shall not add to the sales price or collect from a customer an excise upon sales of meals.  The commissioner of revenue shall not require any restaurant to collect and pay excise upon sales of meals purchased on August 11-15, 2013.  An excise erroneously or improperly collected during the days of August 11-15, 2013 shall be remitted to the department of revenue.

Section 3.  Reporting requirements imposed upon restaurants by law or regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales on the days of August 11-15, 2013.

Section 4.  The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary for the implementation of this act.

Section 5.  Eligible sales of meals purchased in restaurants are restricted to August 11-15, 2013.

Section 6.   Notwithstanding sections 1-6, this Act shall not be applicable to the local option meals excise tax under Section 1-6 of Chapter 64L of the General Laws, as appearing in the 2008 Official Edition, which shall remain in full force and effect on August 11-15, 2013".