1 of 1 HOUSE DOCKET, NO. 981 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 3053 The Commonwealth of Massachusetts _________________ PRESENTED BY: Michelle L. Ciccolo _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act providing for a local option transportation excise tax on large employers. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/14/2025 1 of 4 HOUSE DOCKET, NO. 981 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 3053 By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3053) of Michelle L. Ciccolo relative to providing for a local option transportation excise tax on large employers. Revenue. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 2739 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act providing for a local option transportation excise tax on large employers. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 64N the 2following chapter:- 3 CHAPTER 64O. 4 Section 1. As used in this chapter, the following terms shall, unless the context clearly 5requires otherwise, have the following meanings: 6 “Commissioner”, the commissioner of the department of revenue. 7 “Department”, the department of revenue. 2 of 4 8 “Disregarded entity”, an entity that is disregarded as a separate entity from its owner for 9federal income tax purposes. 10 “Employee”, a person defined in clause (h) of section 1 of chapter 151A; provided that an 11employee shall include a person who physically commutes to an employer’s location in the 12commonwealth regardless of residence and a person who resides in the commonwealth and 13works for an employer with a physical presence in the Commonwealth. 14 “Employer”, a business corporation, non-governmental employer, partnership, or 15disregarded entity with a physical presence in the Commonwealth. 16 Section 2. A city or town that accepts this chapter in the manner provided in section 4 of 17chapter 4 may impose a local corporate transportation excise tax upon employers who annually 18employ more than 50 employees who travel to work within the Commonwealth. 19 Section 3. An employer who annually employs 50-99 employees in the commonwealth 20shall pay an excise tax amount of $10 per employee, per year, less any annual payments made by 21said employer for public transit purposes to employees, the Commonwealth, or the local 22municipality. 23 Section 4. An employer who annually employs 100-149 employees in the commonwealth 24shall pay an excise tax of $20 per employee, per year, less any annual payments made by said 25employer for public transit purposes to employees, the Commonwealth, or the local municipality. 26 Section 5. An employer who annually employs 150-249 employees in the commonwealth 27shall pay an excise tax amount of $40 per employee, per year, less any annual payments made by 3 of 4 28said employer for public transit purposes to employees, the Commonwealth, or the local 29municipality. 30 Section 6. An employer who annually employs 250-499 employees in the commonwealth 31shall pay an excise tax amount of $60 per employee, per year, less any annual payments made by 32said employer for public transit purposes to employees, the Commonwealth, or the local 33municipality. 34 Section 7. An employer who annually employs 500-999 in the commonwealth shall pay 35an excise tax amount of $80 per employee, per year, less any annual payments made by said 36employer for public transit purposes to employees, the Commonwealth, or the local municipality. 37 Section 8. An employer who annually employs 1,000 or more employees in the 38commonwealth shall pay an excise tax amount of $100 per employee, per year, less any annual 39payments made by said employer for public transit purposes to employees, the Commonwealth, 40or the local municipality. 41 Section 9. Each employer shall remit the excise tax amount owed to the department in a 42form and manner determined by the department. All sums received by the commissioner under 43this chapter shall, at least quarterly, be distributed, credited and paid by the state treasurer upon 44certification of the commissioner to each city or town that has accepted this chapter in proportion 45to the assessment provided in this chapter to be used by the municipality for public 46transportation-related purposes. 47 Section 10. The department, in consultation with the executive office of labor and 48workforce development, shall establish by regulation the mechanism for administering the excise 49tax payor’s obligations under this chapter and shall deduct from an individual entity’s liability 4 of 4 50any annual payments said entity makes to or for in-state Massachusetts employees for public 51transit subsidies. 52 Section 11. The department, in consultation with the executive office of labor and 53workforce development, shall establish by regulation an appropriate mechanism for enforcing an 54excise tax payor's liability to the city or town that has accepted this chapter if an excise tax payor 55does not make a payment to the commissioner. Such enforcement mechanisms may include 56assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 5718 percent and late fees or penalties at a rate not to exceed 5 percent per month. 58 SECTION 2. The department of revenue shall promulgate regulations to implement this 59act within 180 days of the passage of this act. 60 SECTION 3. Section 1 shall take effect 270 days after the passage of this act.