Amendment #485 to H4200

Market Place Fairness

Mr. Bradley of Hingham moves to amend the bill by adding the following 2 sections:

"SECTION XXXX. Said chapter 62C, as so appearing, is hereby amended by inserting after section 26 the following section:-

Section 26A. The commissioner shall administer and enforce the assessment and collection of the taxes and penalties imposed under chapters 64H and 64I, including the collection and administration of all taxes imposed on remote sellers. For the purposes of this section the term “remote seller” shall mean a person, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or other similar legal entity that sells tangible personal property or a service, but does not have nexus in this state.

The commissioner shall take such administrative actions as are necessary to comply with any law enacted by the Congress of the United States that requires states to simplify the collection of sales and use taxes for remote sellers, including but not limited to applicable requirements relating to: (i) providing adequate software and services to remote sellers and single and consolidated providers, which identifies the applicable destination rate to be applied to sales that the commonwealth taxes under chapter 64H or 64I; (ii) providing certification procedures for both single providers and consolidated providers to make software and services available to remote sellers; (iii) ensuring that no more than one audit be performed or required for all state and local taxing jurisdictions within the commonwealth; and (iv) requiring that no more than one sales and use tax return per month be filed with the department of revenue by any remote seller or any single or consolidated provider on behalf of such remote seller.

The procurement rules in Chapter 30B shall not apply to the certification process for software providers.

SECTION XXXY__. Notwithstanding any general or special law, if a federal law is enacted that authorizes states to require remote sellers to collect sales and use taxes, then the commonwealth shall, as permitted by such federal legislation, require collection of sales and use tax by any remote seller, or a single or consolidated provider acting on behalf of a remote seller. The commissioner of the department of revenue shall establish rules and regulations relating to the assessment, collection and enforcement of this tax.”

Additional co-sponsor(s) added to Amendment #485 to H4200

Market Place Fairness