Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3208 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3914 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3208
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Francisco E. Paulino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a sales tax on digital advertising services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/17/2025Margaret R. Scarsdale1st Middlesex3/11/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3914 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3208
18	18	By Representative Paulino of Methuen, a petition (accompanied by bill, House, No. 3208) of
19	19	Francisco E. Paulino and Margaret R. Scarsdale for legislation to establish a sales tax on digital
20	20	advertising services. Revenue.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a sales tax on digital advertising services.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. General Laws Amendment.
30	30	2 Chapter 64H of the General Laws is hereby amended by adding the following section
31	31	3after Section 34:
32	32	4 Section 35. Sales Tax on Digital Advertising Services.
33	33	5 (a) Definitions. For purposes of this section, the following terms shall have the following
34	34	6meanings:
35	35	7 "Digital advertising services," the sale or purchase of advertising space through digital
36	36	8interfaces, including websites, mobile applications, and other internet-connected platforms.
37	37	9 "Purchaser," any individual, business, or entity paying for digital advertising services to
38	38	10target users located within the Commonwealth. 2 of 5
39	39	11 "Vendor," any individual, business, or entity providing digital advertising services to
40	40	12purchasers targeting users located within the Commonwealth.
41	41	13 "Taxable transaction," the sale of digital advertising services where the target audience is
42	42	14determined to be located within the Commonwealth, based on the user’s Internet Protocol (IP)
43	43	15address, geolocation data, or another reasonable method for determining location.
44	44	16 (b) Imposition of Tax.
45	45	17 A sales tax is hereby imposed on the purchase of digital advertising services targeting
46	46	18users located within the Commonwealth.
47	47	19 The tax rate shall be 6.25% of the gross sales price of the digital advertising service.
48	48	20 The tax shall be collected by the vendor at the time of the sale and remitted to the
49	49	21Department of Revenue in accordance with the provisions of this chapter.
50	50	22 Transactions exempt from the sales tax under Chapter 64H, Section 6 shall also be
51	51	23exempt from this tax.
52	52	24 Vendors with gross annual digital advertising sales below $2,500,000 targeting users in
53	53	25the Commonwealth shall be exempt from this tax.
54	54	26 SECTION 2. Allocation of Revenues.
55	55	27 (a) Administrative Costs.
56	56	28 Up to 5% of the total revenue collected under this section shall be allocated for
57	57	29administrative costs associated with implementing, enforcing, and managing grant programs.
58	58	30This allocation shall be distributed as follows: 3 of 5
59	59	31 The Department of Revenue may retain 1% for administering and enforcing the digital
60	60	32advertising tax.
61	61	33 Each administering agency—Massachusetts Department of Telecommunications and
62	62	34Cable, Massachusetts Department of Public Health (DPH), and Massachusetts Department of
63	63	35Elementary and Secondary Education (DESE)—shall receive 1.33% each to manage their
64	64	36respective grant programs, including technical assistance and program oversight.
65	65	37 (b) Delayed Appropriation.
66	66	38 The disbursement of grant funds shall be delayed by up to one fiscal year after the start of
67	67	39revenue collection to ensure sufficient funds are accrued for program stability and initial
68	68	40administrative setup.
69	69	41 During this period, the Department of Revenue shall establish necessary regulations,
70	70	42systems, and interagency coordination frameworks to facilitate effective program
71	71	43implementation.
72	72	44 (c) Allocation of Program Funds.
73	73	45 After accounting for administrative costs, the remaining 95% of the revenue shall be
74	74	46allocated equally among the following three categories, with each receiving exactly one-third
75	75	47(33.33%) of the total.
76	76	48 Local Access Television Programs:
77	77	49 Administered by the Massachusetts Department of Telecommunications and Cable,
78	78	50grants shall support: 4 of 5
79	79	51 Increasing community media programming.
80	80	52 Enhancing production quality and digital capabilities.
81	81	53 Expanding access to diverse and inclusive programming.
82	82	54 Public Education Campaigns:
83	83	55 Administered by the Massachusetts Department of Public Health (DPH), grants shall
84	84	56fund:
85	85	57 Evidence-based resources for parents, educators, and students.
86	86	58 Workshops and seminars in schools and communities.
87	87	59 Digital and print materials promoting mental health and safe social media use.
88	88	60 Research on Artificial Intelligence in Education:
89	89	61 Administered by the Massachusetts Department of Elementary and Secondary Education
90	90	62(DESE), grants shall fund:
91	91	63 AI tools designed to address diverse learning needs.
92	92	64 Partnerships between public schools and research institutions.
93	93	65 Pilot programs for innovative technologies that improve learning outcomes.
94	94	66 (d) Technical Assistance. 5 of 5
95	95	67 Each agency shall allocate a portion of its administrative funding to provide technical
96	96	68assistance to grant applicants, with an emphasis on supporting small organizations, underserved
97	97	69communities, and rural areas.
98	98	70 (e) Utilization and Reallocation of Funds.
99	99	71 Allocated program funds must be utilized within two (2) years of disbursement.
100	100	72 Any unused program funds shall revert to the general allocation pool for redistribution in
101	101	73subsequent years.
102	102	74 (f) Reporting Surplus Administrative Funds.
103	103	75 At the end of each fiscal year, each agency shall submit a report to the Department of
104	104	76Revenue detailing how administrative funds were utilized. Any unspent administrative funds
105	105	77shall be returned to the general allocation pool for redistribution.
106	106	78 SECTION 3. Effective Date.
107	107	79 This act shall take effect on January 1, 2027, with grant disbursements beginning no
108	108	80earlier than January 1, 2028.