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Sales & Meals Tax Update

Voters may be asked to rollback sales tax, repeal sales tax on alcohol

 

In the wake of the sales tax increase to 6.25%, the next change coming for retailers and consumers begins on October 1, 2009, with the first day for collection of the new .75% local option meals tax in those communities that vote to adopt the new tax prior to August 31st.

 

The Department of Revenue (DOR) has been corresponding with all vendors in advance of this change to prepare them for some significant changes in their systems.  A vendor with multiple business locations in Massachusetts will no longer be permitted to report and file sales tax on meals in the aggregate, but will rather be required to separately report sales sourced to each location as prescribed by DOR.  The Department has issued final guidance on this issue for vendors of meals, which can be found on link below.

 

In other tax news, efforts are underway to repeal the new sales tax on alcohol sold in stores and to roll back the sales tax to 5, 4, 3, or possibly even 2 percent.  Proponents of these initiatives recently filed their intentions with the state's Attorney General to begin the process of placing these binding questions before the voters on the statewide ballot in November 2010.  If the initiatives are deemed to meet constitutional requirements by the Attorney General, backers would then need to collect more than 66,000 voter signatures by late November.  Questions that are certified then move to the Legislature, where they can be approved and passed into law, substituted or ignored by May 2010.  Often ignored, proponents of questions are then required to collect an additional 11,000 plus signatures by early July to receive final approval to appear on the ballot in November.

 

25% SALES TAX INCREASE SIGNED INTO LAW 

Local Option Meals Tax, Sales Tax on Alcohol Included 

On Monday, June 29th, Governor Deval Patrick signed into law a $27 billion state budget for Fiscal Year 2010 that increases the sales and use tax from the current rate of 5% to 6.25%.  The increased rate goes into effect on August 1, 2009. 

The budget also includes the elimination of the sales tax exemption on alcohol sold in stores, which will now be subject to the new 6.25% sales tax rate as well. 

Additionally, cities and towns are given the ability in the budget to impose their own local option meals tax of .75%, should they elect to do so. 

The Department of Revenue (DOR) has issued guidance documents on these tax changes, such as transition rules for the treatment of items under contract prior to the date of the rate increase but delivered after the effective date, requirements to show the sales tax and local option meals tax separately on sales receipts, and others.

The guidance documents are available here:

New Sales Tax

Local Option Meals and Rooms Excises

Click here to visit the DOR Sales and Meals Tax Page for up to date forms, charts, and other important information:

DOR – Recent Tax Changes: Sales, Meals and More

 

Senate Roll Call Vote on Sales Tax

House of Representatives Roll Call Vote on Sales Tax

 

Anti Sales Tax Increase Editorials

August 1 Op Ed from Boston Globe by Jon Hurst

 

http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2009/08/19/let_retailers_host_tax_holiday/

http://www.bostonherald.com/news/opinion/editorials/view/20090818policy_taxes_patience/

 

For more information please contact Bill Rennie, RAM's Vice President, at brennie@retailersma.org or (617) 523-1900 ext. 11.

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