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Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c

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Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 1

Definitions . Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings: ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 2

Application of chapter . Section 2. The provisions of this chapter shall, so far as pertinent and consistent, apply to the taxes imposed by chapter ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 3

Administration by commissioner; forms; regulations and rulings; issuance of technical information releases and letter rulings; public notice; missing children inserts . Section 3. The administration ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 4

Forms; provisions respecting fractional parts of a dollar; credit, refund, or abatement . Section 4. The commissioner may by regulation provide with respect to any ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 5

Returns; filing; declaration covering perjury; improper filings . [Text of section effective for tax years beginning on or after January 1, 2003. See 2002, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 5A

Non-custodial parents; indication of status on income tax return . Section 5A. The commissioner shall require that the information required pursuant to section five shall ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 6

Persons required to make returns; fiduciaries; time for making . Section 6. (a) Every individual inhabitant of the commonwealth who receives or accrues during the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 7

Partnerships required to file returns . Section 7. Every partnership, other than a corporate trust as defined in chapter sixty-two, having a usual place of ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 8

Annual reports by entities doing business in the state; trustee and fiduciary reports . Section 8. Every individual, corporation, partnership, association, trust, estate, organization, society, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 8A

Show promoters; reports; records . Section 8A. Every promoter shall file with the commissioner a report for each calendar month for all shows held within ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 9

Failure to file returns required by Sec. 6 or Sec. 7; petition for mandamus; hearings; costs . Section 9. If any person fails to file ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 10

Withholding tax returns; payment . Section 10. Every employer who is required to deduct and withhold taxes under section two of chapter sixty-two B shall ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 11

Corporate returns . Section 11. (a) Every domestic business corporation and every foreign corporation, both as defined in section thirty of chapter sixty-three, every domestic ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 12

Banks, insurance companies, utility and certain other corporations; additional returns; contents . Section 12. (a) Every bank, as defined in section one of chapter sixty-three, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 12A

Repealed, 1992, 402, Sec. 2 . ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 13

Tangible personal property; reports by organizations filing return under Sec. 11 or Sec. 12 . Section 13. The commissioner may require from any corporation, company, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 14

Report of gross receipts by taxpayers subject to chapter 63A; computation of tax . Section 14. Every taxpayer subject to taxation under chapter sixty-three A ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 15

Signing of returns required by Secs. 11 to 14 . Section 15. Returns required by sections eleven to fourteen, inclusive, shall be signed by the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 16

Filing of returns by taxpayers subject to chapters 64A and 64C, 64E to 64J, and 138 . Section 16. (a) Every distributor and unclassified exporter, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 16A

Repealed, 1982, 352, Sec. 3 . ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 17

Return by executor . Section 17. (a) An executor, as defined in chapter sixty-five C, of the estate of a resident or nonresident decedent, shall, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 18

Beano, raffle, or bazaar; organizations required to file returns . Section 18. Every organization operating or conducting a game under section thirty-eight of chapter ten ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 19

Extension of time for filing return . Section 19. For good cause the commissioner may grant a reasonable extension of time for filing any return ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 20

Inspection of returns, books, accounts and other records in possession of commissioner . Section 20. Returns shall be open to the inspection of the commissioner, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 21

Disclosure of tax information . Section 21. (a) The disclosure by the commissioner, or by any deputy, assistant, clerk or assessor, or other employee of ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 21A

Repealed, 1992, 402, Sec. 4 . ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 22

Inspection or use of returns or other information by governmental agencies . Section 22. The commissioner may permit the Secretary of the Treasury of the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 23

Participation of commissioner with governmental officers or agencies to determine tax liability; certificate by commissioner . Section 23. The commissioner may participate jointly with the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 24

Verification of returns; inspection of stampers . Section 24. For the purpose of verifying any return filed under this chapter, the commissioner or his duly ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 25

Records to be kept by taxpayers subject to chapters 64A and 64C, 64E to 64J, and 138; inspection . Section 25. Every distributor, unclassified importer, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 26

Assessment of taxes . Section 26. (a) Taxes shall be deemed to be assessed at the amount shown as the tax due upon any return ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 27

Extension of time for assessment . Section 27. If, before the expiration of the time prescribed under section twenty-six for the assessment of any tax, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 28

Failure to file or filing of incorrect return; determination and assessment of tax . Section 28. If a person who has been notified by the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 29

Collection of tax jeopardized by delay; immediate assessment . Section 29. If the commissioner believes that the collection of any tax will be jeopardized by ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 30

Federal income tax changes; assessment; abatement; penalty . Section 30. If the federal taxable income of a person subject to taxation under chapter sixty-two is ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 31

Notice of assessment in excess of amount on return . Section 31. If the assessment of any tax is in excess of the amount shown ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 31A

Notice of unpaid corporate or partnership assessment; liability of individuals; abatement . Section 31A. If a person fails to pay to the commissioner any required ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 32

Payment date; interest; notice; contested taxes not collected involuntarily during time taxpayers contest taxes . Section 32. (a) Taxes shall be due and payable at ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 33

Late returns; penalty; abatement . Section 33. (a) If any return is not filed with the commissioner on or before its due date or within ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 33A

United States postmark; alternative private delivery service; date of payment; application of section . Section 33A. If any return, application for abatement of tax, statement ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 34

Penalty for failure to file returns; payment . Section 34. If any person required to file a return, list or report of a payment to ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 35

Payment by check or electronic funds transfer; penalty for nonpayment of check or electronic funds transfer . [Text of section applicable to payments received ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 36

Overpayment of tax, interest, or penalty; refunds; persons against whom a default or arrest warrant has been issued . Section 36. If, on the verification ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 36A

Correction of error without application of taxpayer . Section 36A. If the commissioner determines that any tax has been assessed at an excessive amount because ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 36B

Erroneous written advice from department of revenue; waiver of penalty . Section 36B. The commissioner shall waive or abate any portion of any penalty or ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 37

Application for abatement; hearing; notice of decision . Section 37. Any person aggrieved by the assessment of a tax, other than a tax assessed under ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 37A

Settlement of tax liability . Section 37A. The commissioner may accept a lesser amount than the tax liability owed by a taxpayer in final and ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 37B

Installment payment agreements; modification or termination . Section 37B. (a) The commissioner is authorized to enter into written agreements with any taxpayer under which such ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 38

Prerequisites for abatement . Section 38. No tax assessed on any person liable to taxation shall be abated unless the person assessed shall have filed, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 39

Appeal from refusal for abatement . Section 39. Any person aggrieved by the refusal of the commissioner to abate or to refund any tax, in ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 40

Refund of overpaid taxes; interest . Section 40. (a) If any refund of any tax, interest or penalties is made pursuant to sections thirty, thirty-one ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 41

Remedies; restrictions . Section 41. The remedies provided by section thirty-seven to forty, inclusive, shall be exclusive, whether or not the tax is wholly illegal. ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 42

Abatement of taxes by appellate tax board . Section 42. Taxes with interest and costs thereon, due to the commonwealth, which are unpaid and uncollectible, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 43

Unpaid taxes not warranting collection; abatement . Section 43. The commissioner is authorized to abate the unpaid portion of the assessment of any tax or ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 44

Sale of business; withholdings to cover tax; liability of purchaser; certificate from commissioner . Section 44. (a) If any vendor liable for any amount under ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 45

Designation of banks as depository for receiving taxes . Section 45. The commissioner is authorized, subject to the approval of the state treasurer, to designate ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 45A

Quarterly returns; regulations; underpayment . Section 45A. With respect to returns required to be filed under sections ten and sixteen, the commissioner, notwithstanding the due ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 45B

Declarations of estimated tax and estimated tax payments; filing or payment made to bank designated as depositary and fiscal agent . Section 45B. With respect ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 46

Powers and remedies of commissioner for collection of taxes; warrant for collection; fees . Section 46. The commissioner shall have for the collection of taxes ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 47

Action of contract for unpaid taxes . Section 47. The commissioner may recover any unpaid tax in an action of contract brought in the name ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 47A

Licenses and certificates of authority issued by governmental entities; persons furnishing goods, services or real estate space to governmental entities; lists; determination of unpaid taxes . ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 48

Liability of lessee for tax due from lessor . Section 48. The lessee of real estate or tangible personal property of any corporation, company or ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 49

Information for collection of taxes; injunction . Section 49. Taxes due from a company, association or corporation may be collected by an information brought in ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 49A

Certification of compliance with tax laws as prerequisite to obtaining license or governmental contract . Section 49A. (a) Any person applying to any department, board, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 50

Liens upon property for nonpayment of taxes . [Subsection (a) applicable as provided by 2004, 262, Sec. 70.] ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 51

Sale or transfer of corporate assets; procedure . Section 51. At least five days prior to the sale or transfer, otherwise than in the ordinary ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 52

Waiver of lien; certificate showing good standing; fees . Section 52. The commissioner is hereby authorized to issue to any corporation, upon written request of ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 53

Levy upon property for payment of tax . Section 53. (a) If any person liable to pay any tax neglects or refuses to pay the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 54

Surrender of property or discharge of obligation; exceptions; personal liability; penalty . Section 54. (a) Except as otherwise provided in subsection (b), any person in ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 55

Books or records relating to property subject to levy . Section 55. If a levy has been made or is about to be made on ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 55A

Exempt property . Section 55A. (a) There shall be exempt from levy the following property:— (1) Such items of wearing ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 56

Seizure of property; notice; sale . Section 56. (a) As soon as practicable after seizure of property, notice in writing shall be given by the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 57

Disposition of hard to keep property; notice to owner; public sale . Section 57. If the commissioner determines that any property seized is liable to ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 58

Redemption of property . Section 58. (a) Any person whose property has been levied upon shall have the right to pay the amount due, together ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 59

Certificates of sale; execution of deeds . Section 59. (a) In the case of property sold as provided in section fifty-six the commissioner shall give ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 60

Effect of certificates of sale and deeds . Section 60. (a) In all cases of sale pursuant to section fifty-six of property, other than real ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 61

Record of sales and redemptions of real property . Section 61. The commissioner shall keep a record of all sales of real property under section ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 62

Expenses of levy and sale . Section 62. The commissioner shall determine the expenses to be allowed in all cases of levy and sale. ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 63

Disposition of money realized under Secs. 53 through 64 . Section 63. Any money realized by proceedings under sections fifty-three through sixty-four whether by seizure, ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 64

Release of levy; return of wrongfully levied property . Section 64. (a) It shall be lawful for the commissioner, under regulations prescribed by him, to ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 65

Time for collection of taxes; bankruptcy cases . [First paragraph applicable as provided by 2004, 262, Sec. 70.] ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 66

Bonds of licensees and registrants subject to chapters 64A to 64C and 64E to 64J . Section 66. The commissioner may require any person required ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 67

Licenses and registration certificates of taxpayers under chapters 64A, 64C and 64E to 64J . Section 67. Each vendor, as defined in chapter sixty-four H ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 67A

Shows; registration certificates . Section 67A. (a) Every promoter of a show within the commonwealth shall, at least ten days prior to the opening of ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 67B

Reciprocal agreements with other states for payment of sales and use taxes . Section 67B. The commissioner may enter into reciprocal agreements with appropriate officials ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 67C

Revision of procedures for issuance, acceptance and recognition of sales and use tax certificates . Section 67C. If the commissioner determines that significant tax evasion ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 68

Suspension or revocation of license or registration; appeal; reissuance of registration . Section 68. The commissioner may suspend or revoke any license or registration issued ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 69

Destruction of certain copies, returns, statements or documents . Section 69. The commissioner may, after the lapse of three years from the date of their ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 70

Testimony and proofs under oath taken by commissioner; witnesses; production of books, paper, etc. . Section 70. The commissioner may take testimony and proofs under ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 71

Notice under this chapter . Section 71. Any notice authorized or required under the provisions of this chapter may be served personally or may be ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 72

Person defined . Section 72. The term “person”, as used in section seventy-three, shall include, but not be limited to, an officer or employee of ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 73

Tax evasion, failure to collect or pay tax, keep records or supply information; penalties . Section 73. (a) Any person who willfully attempts in any ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 74

Disclosure of information by tax preparer . Section 74. No person engaged in the business of preparing tax returns shall disclose any information obtained in ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 75

False statements by taxpayers subject to Secs. 11 and 30; liability; penalty . Section 75. If any return required by sections eleven or thirty contains ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 76

Failure to possess license or registration as required by Secs. 67 and 67A; penalty . Section 76. Any person who conducts any business in the ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 77

Failure to file return, list or report, or information required by Sec. 8; penalty . Section 77. Any individual, partnership, association, trust, corporate trust or ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 78

Repealed, 1986, 488, Sec. 57; 1996, 450, Sec. 112 . ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 79

Time; filing returns; payments . Section 79. For purposes of this chapter: (a) Any return filed before the last day ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 80

In-person interviews with taxpayers; explanations . Section 80. (a) An officer or employee of the department of revenue shall before or at an initial interview ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 81

Armed forces personnel; extended deadline . Section 81. (a) In the case of an individual serving in the Armed Forces of the United States, or ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 82

Aggregate statistical report of taxes collected; contents . Section 82. (a) The commissioner annually shall prepare and publish an aggregate statistical report of taxes collected ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 83

Report to state secretary; corporations required to report; contents . Section 83. (a)(i) Every corporation that is required to file both a report pursuant to ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 84

Substantial understatement of tax on joint return; relief from liability for spouse; conditions . Section 84. Under regulations promulgated by the commissioner, if: ...

Massachusetts General Laws - Administrative Provisions Relative to State Taxation - Chapter 62c, Section 85

Electronic funds transfers . Section 85. The commissioner may provide for the payment of any tax, interest or penalty or the refund or abatement thereof ...

Last modified: March 27, 2006