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2 | 2 | | HOUSE DOCKET, NO. 3099 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3065 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Mark J. Cusack |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to contractor rental equipment. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 3099 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3065 |
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18 | 18 | | By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 3065) of |
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19 | 19 | | Mark J. Cusack relative to the sales tax on contractor rental equipment. Revenue. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 2753 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to contractor rental equipment. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 Paragraph (f) of section 6 of chapter 64H of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2edition, is amended by adding at the end of said paragraph the following:- |
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32 | 32 | | 3 "Contractors renting said construction vehicles, equipment, and machinery, including but |
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33 | 33 | | 4not limited to office trailers, storage containers, portable restrooms, and vehicles, from a rental |
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34 | 34 | | 5vendor shall be required to provide at time of rental a Contractor’s Sales Tax Exempt Purchase |
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35 | 35 | | 6Certificate issued by the department of revenue that includes the following: name of exempt |
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36 | 36 | | 7organization; exempt number, or in the alternative, the exempt entity’s ST-2; the purchasing |
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37 | 37 | | 8contractor or subcontractor’s name; the contract/subcontract date and estimated date of |
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38 | 38 | | 9completion (if no estimated date of completion is provided, certificate is valid for a maximum of |
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39 | 39 | | 1024 months from the contract date); the contractor’s signature and title; and the location and 2 of 2 |
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40 | 40 | | 11description of the exempt project. A rental vendor accepting the Contractor’s Sales Tax Exempt |
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41 | 41 | | 12Purchase Certificate from the contractor shall be held harmless from collection of the sales/use |
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42 | 42 | | 13tax if accepted in good faith. In this paragraph the following words shall have the following |
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43 | 43 | | 14meaning: “Rental Vendor” includes a rental business that rents equipment and other tangible |
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44 | 44 | | 15personal property in the state under rental agreements for 365 days or less, or under open-ended |
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45 | 45 | | 16agreements. “Purchaser” means a contractor or subcontractor that is renting from a rental vendor |
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46 | 46 | | 17equipment to be used on a tax exempt project in the state pursuant to this paragraph. |
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47 | 47 | | 18“Contractor’s Sales Tax Exempt Purchase Certificate” means an exemption form that includes |
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48 | 48 | | 19the information provided above. “Good faith” means the acceptance of a completed tax exempt |
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49 | 49 | | 20purchase certificate under this paragraph." |
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