Amendment ID: S1974-5

Amendment 5

DOR Tax Certification

Mr. Tarr moves to amend the bill by inserting the following new section:-

SECTION_: Section 2 of Chapter 64H as appearing in the 2014 Official Edition is hereby amended by striking the section out in its entirety and inserting in place thereof the following:-

Section 2. (a) An excise is hereby imposed upon sales at retail in the commonwealth, by any vendor, of tangible personal property or of services performed in the commonwealth at the rate of 6.25 per cent of the gross receipts of the vendor from all such sales of such property or services, except as otherwise provided in this chapter. The excise shall be paid by the vendor to the commissioner at the time provided for filing the return required by section sixteen of chapter sixty-two C beginning on or after August 1, 2009 provided that in subsequent years the rate shall be set by the formula established in clause (b).

(b) On or before October 15 of each year, the commissioner shall calculate and publicly announce a revised rate for the excise imposed by this section, to be effective throughout the following calendar year.  The rate shall be calculated so that the total amount of revenue collected by this excise in the following calendar year will equal the amount collected in the current calendar year, adjusted by changes in the consumer price index as defined in the Internal Revenue Code, as determined by the commissioner.

(c) Subsection (b) shall apply only after a federal law is enacted that authorizes states to require remote sellers to collect sales and use taxes.