Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3065 Compare Versions

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22 HOUSE DOCKET, NO. 3099 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3065
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Mark J. Cusack
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to contractor rental equipment.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 2
1616 HOUSE DOCKET, NO. 3099 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 3065
1818 By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 3065) of
1919 Mark J. Cusack relative to the sales tax on contractor rental equipment. Revenue.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE HOUSE, NO. 2753 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act relative to contractor rental equipment.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 Paragraph (f) of section 6 of chapter 64H of the General Laws, as appearing in the 2022
3131 2edition, is amended by adding at the end of said paragraph the following:-
3232 3 "Contractors renting said construction vehicles, equipment, and machinery, including but
3333 4not limited to office trailers, storage containers, portable restrooms, and vehicles, from a rental
3434 5vendor shall be required to provide at time of rental a Contractor’s Sales Tax Exempt Purchase
3535 6Certificate issued by the department of revenue that includes the following: name of exempt
3636 7organization; exempt number, or in the alternative, the exempt entity’s ST-2; the purchasing
3737 8contractor or subcontractor’s name; the contract/subcontract date and estimated date of
3838 9completion (if no estimated date of completion is provided, certificate is valid for a maximum of
3939 1024 months from the contract date); the contractor’s signature and title; and the location and 2 of 2
4040 11description of the exempt project. A rental vendor accepting the Contractor’s Sales Tax Exempt
4141 12Purchase Certificate from the contractor shall be held harmless from collection of the sales/use
4242 13tax if accepted in good faith. In this paragraph the following words shall have the following
4343 14meaning: “Rental Vendor” includes a rental business that rents equipment and other tangible
4444 15personal property in the state under rental agreements for 365 days or less, or under open-ended
4545 16agreements. “Purchaser” means a contractor or subcontractor that is renting from a rental vendor
4646 17equipment to be used on a tax exempt project in the state pursuant to this paragraph.
4747 18“Contractor’s Sales Tax Exempt Purchase Certificate” means an exemption form that includes
4848 19the information provided above. “Good faith” means the acceptance of a completed tax exempt
4949 20purchase certificate under this paragraph."