Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1885

Introduced
2/16/23  

Caption

Improving the tax administrative laws of the Commonwealth

Impact

The proposed legislation is expected to have significant implications for business operations within the state. By adopting a stricter standard on what constitutes valid transactions, the bill seeks to prevent tax avoidance schemes that exploit legal loopholes. The enforcement of the 'sham transaction' doctrine may result in increased scrutiny of business practices, potentially leading to a more reliable tax revenue stream for the state. Moreover, the bill also plans to introduce an option for taxpayers to appeal for attorney's fees where the Commissioner does not accept a reasonable settlement offer, aiming to foster fairness in tax enforcement.

Summary

Senate Bill S1885, also known as the Act Improving the Tax Administrative Laws of the Commonwealth, aims to modernize and clarify various elements of the tax laws in Massachusetts. Introduced by Senator Michael O. Moore, this bill seeks to amend Chapter 62C of the General Laws to enhance the Commissioner’s discretion in tax matters, particularly concerning the disallowance of tax benefits resulting from transactions viewed as lacking genuine economic purpose. This would require taxpayers to demonstrate substantial business reasoning behind their transactions to avoid tax penalties.

Contention

The discussion surrounding S1885 reveals a divide among various stakeholders. Supporters of the bill argue that these changes are necessary to maintain the integrity of the tax system and to ensure that all businesses operate on a level playing field. However, critics raise concerns that the increased discretion granted to the Commissioner may lead to arbitrary or excessive enforcement, putting undue burdens on small businesses that may lack the resources to defend against such determinations. Additionally, there are worries that the bill could unintentionally stifle legitimate economic activity by imposing excessive compliance requirements.

Additional_notes

Overall, S1885 represents a crucial step towards refining Massachusetts' tax laws to address contemporary issues surrounding tax compliance and enforcement. The outcome of this bill will likely shape the future landscape of business operations and tax administration in the Commonwealth.

Companion Bills

MA S1857

Similar To Relative to the Massachusetts estate tax code

MA H2720

Similar To Relative to the Massachusetts estate tax code

MA S2656

Replaced by Order relative to authorizing the joint committee on Revenue to make an investigation and study of certain current Senate documents relative to programs, property taxes and other revenue matters.

Previously Filed As

MA S198

Protecting personal identifying information

MA S1555

Relative to chief probation officers

MA S265

Protecting personal identifying information

MA S1429

Relative to dental hygienists

MA S1743

Relative to the Massachusetts Fire Training Council

MA S841

Resolve relative to public higher education credit transfers

MA S267

Updating the unit pricing exemption threshold

MA S268

Prohibiting real estate dual agency transactions

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