General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE IX. TAXATION |
CHAPTER 62C. ADMINISTRATIVE PROVISIONS RELATIVE TO STATE TAXATION |
SECTION 1. Definitions |
SECTION 2. Application of chapter |
SECTION 3. Administration by commissioner; forms; regulations and rulings; issuance of technical information releases and letter rulings; public notice; missing children inserts |
SECTION 3A. Disallowance of sham transactions and related doctrines; burden on taxpayer to show business purpose and economic substance commensurate with claimed tax benefit |
SECTION 4. Forms; provisions respecting fractional parts of a dollar; credit, refund, or abatement |
SECTION 5. Returns; filing; declaration covering perjury; improper filings |
SECTION 5A. Non-custodial parents; indication of status on income tax return |
SECTION 6. Persons required to make returns; fiduciaries; time for making |
SECTION 7. Partnerships required to file returns |
SECTION 8. Annual reports by entities doing business in the state; trustee and fiduciary reports |
SECTION 8A. Show promoters; reports; records |
SECTION 8B. Employment-sponsored health plans; annual statements for covered individuals; penalties |
SECTION 9. Failure to file returns required by Sec. 6 or Sec. 7; petition for mandamus; hearings; costs |
SECTION 10. Withholding tax returns; payment |
SECTION 11. Corporate returns |
SECTION 11A. Filing by means of combined report; principal reporting corporation treated as agent for all participating corporations with respect to required notices and actions |
SECTION 12. Banks, insurance companies and certain other corporations; additional returns; contents |
SECTION 12A. Repealed, 1992, 402, Sec. 2 |
SECTION 13. Tangible personal property; reports by organizations filing return under Sec. 11 or Sec. 12 |
SECTION 14. Report of gross receipts by taxpayers subject to chapter 63A; computation of tax |
SECTION 15. Signing of returns required by Secs. 11 to 14 |
SECTION 16. Filing of returns by taxpayers subject to chapters 64A and 64C, 64E to 64J, 64L to 64M and 138 |
SECTION 16A. Repealed, 1982, 352, Sec. 3 |
SECTION 17. Return by executor |
SECTION 18. Beano, raffle, or bazaar; organizations required to file returns |
SECTION 19. Extension of time for filing return |
SECTION 20. Inspection of returns, books, accounts and other records in possession of commissioner |
SECTION 21. Disclosure of tax information |
SECTION 21A. Repealed, 1992, 402, Sec. 4 |
SECTION 21B. Unauthorized willful inspection of information contained in return or document filed with the commission; penalties |
SECTION 22. Inspection or use of returns or other information by governmental agencies |
SECTION 23. Participation of commissioner with governmental officers or agencies to determine tax liability; certificate by commissioner |
SECTION 24. Verification of returns; inspection of stampers |
SECTION 24A. Income reporting by member or indirect owner of pass-through entity; unified audit procedure; statute of limitations for tax assessment; opting out of unified audit procedure |
SECTION 25. Records to be kept by taxpayers subject to chapters 64A and 64C, 64E to 64J, 64M and 138; inspection |
SECTION 26. Assessment of taxes |
SECTION 27. Extension of time for assessment |
SECTION 28. Failure to file or filing of incorrect return; determination and assessment of tax |
SECTION 29. Collection of tax jeopardized by delay; immediate assessment |
SECTION 30. Federal income tax changes; assessment; abatement; penalty |
SECTION 30A. Adjustments based on final determination of tax due in certain other jurisdictions; report to commissioner; additional tax due or credit allowed in the commonwealth |
SECTION 31. Notice of assessment in excess of amount on return |
SECTION 31A. Notice of unpaid corporate or partnership assessment; liability of individuals; abatement |
SECTION 32. Payment date; interest; notice; contested taxes not collected involuntarily during time taxpayers contest taxes |
SECTION 32A. Outstanding obligations on installment transactions; method for determining interest |
SECTION 33. Late returns; penalty; abatement |
SECTION 33A. United States postmark; alternative private delivery service; date of payment; application of section |
SECTION 34. Penalty for failure to file returns; payment |
SECTION 35. Payment by check or electronic funds transfer; penalty for nonpayment of check or electronic funds transfer |
SECTION 35A. Penalty for underpayment of tax required to be shown on return |
SECTION 35B. Good faith defense for underpayment penalty; list of abusive transactions or tax strategies |
SECTION 35C. Understatement of liability with respect to any return or claim for abatement or refund; penalty |
SECTION 35D. Inconsistent position in reporting of income; disclosure |
SECTION 35E. False or deliberately misleading statements respecting allowability of deduction or credit, excludability of income or securing other tax benefits; penalty |
SECTION 36. Overpayment of tax, interest, or penalty; refund or credit; persons against whom a default or arrest warrant has been issued |
SECTION 36A. Correction of error without application of taxpayer; demand for repayment of erroneous payments made by commissioner |
SECTION 36B. Erroneous written advice from department of revenue; waiver of penalty |
SECTION 37. Application for abatement; hearing; notice of decision |
SECTION 37A. Settlement of tax liability |
SECTION 37B. Installment payment agreements; modification or termination |
SECTION 37C. Acceptance of amount less than proposed or assessed tax liability in full and final settlement |
SECTION 38. Prerequisites for abatement |
SECTION 39. Appeal from refusal for abatement |
SECTION 40. Refund of overpaid taxes; interest |
SECTION 41. Remedies; restrictions |
SECTION 42. Abatement of taxes by appellate tax board |
SECTION 43. Unpaid taxes not warranting collection; abatement |
SECTION 44. Sale of business; withholdings to cover tax; liability of purchaser; certificate from commissioner |
SECTION 45. Designation of banks as depository for receiving taxes |
SECTION 45A. Quarterly returns; regulations; underpayment |
SECTION 45B. Declarations of estimated tax and estimated tax payments; filing or payment made to bank designated as depositary and fiscal agent |
SECTION 46. Powers and remedies of commissioner for collection of taxes; warrant for collection; fees |
SECTION 47. Action of contract for unpaid taxes |
SECTION 47B. Driver's license, permit, right to operate or certificate of motor vehicle registration; revocation, suspension or nonrenewal for failure to file return or pay tax; appeal and hearing |
SECTION 48. Liability of lessee for tax due from lessor |
SECTION 49. Information for collection of taxes; injunction |
SECTION 50. Liens upon property for nonpayment of taxes |
SECTION 51. Sale or transfer of corporate assets; procedure |
SECTION 52. Waiver of lien; certificate showing good standing; fees |
SECTION 53. Levy upon property for payment of tax |
SECTION 54. Surrender of property or discharge of obligation; exceptions; personal liability; penalty |
SECTION 55. Books or records relating to property subject to levy |
SECTION 55A. Exempt property |
SECTION 56. Seizure of property; notice; sale |
SECTION 57. Disposition of hard to keep property; notice to owner; public sale |
SECTION 58. Redemption of property |
SECTION 59. Certificates of sale; execution of deeds |
SECTION 60. Effect of certificates of sale and deeds |
SECTION 61. Record of sales and redemptions of real property |
SECTION 62. Expenses of levy and sale |
SECTION 63. Disposition of money realized under Secs. 53 through 64 |
SECTION 64. Release of levy; return of wrongfully levied property |
SECTION 65. Time for collection of taxes; bankruptcy cases |
SECTION 66. Bonds of licensees and registrants subject to chapters 64A to 64C, 64E to 64J or 64M |
SECTION 67. Licenses and registration certificates of taxpayers under chapters 64A, 64C, 64E to 64J or 64M |
SECTION 67A. Shows; registration certificates |
SECTION 67B. Reciprocal agreements with other states for payment of sales and use taxes |
SECTION 67C. Revision of procedures for issuance, acceptance and recognition of sales and use tax certificates |
SECTION 67D. Biotechnology or medical device manufacturing companies; jobs incentive payment |
SECTION 68. Suspension or revocation of license or registration; appeal; reissuance of registration |
SECTION 69. Destruction of certain copies, returns, statements or documents |
SECTION 70. Testimony and proofs under oath taken by commissioner; witnesses; production of books, paper, etc. |
SECTION 71. Notice under this chapter |
SECTION 72. Person defined |
SECTION 73. Tax evasion, failure to collect or pay tax, keep records or supply information; penalties |
SECTION 74. Disclosure of information by tax preparer |
SECTION 75. False statements by taxpayers subject to Secs. 11 and 30; liability; penalty |
SECTION 76. Failure to possess license or registration as required by Secs. 67 and 67A; penalty |
SECTION 77. Failure to file return, list or report, or information required by Sec. 8; penalty |
SECTION 78. Repealed, 1986, 488, Sec. 57; 1996, 450, Sec. 112 |
SECTION 79. Time; filing returns; payments |
SECTION 80. In-person interviews with taxpayers; explanations |
SECTION 81. Armed forces personnel; extended deadline |
SECTION 82. Aggregate statistical report of taxes collected; contents |
SECTION 83. Report to state secretary; corporations required to report; contents |
SECTION 84. Understatement of tax on joint return; liability for deficiencies; relief for portion not attributable to spouse; conditions |
SECTION 85. Electronic funds transfers |
SECTION 86. Convention center financing surcharges; administration; collection |
SECTION 87. Presidentially declared disaster; terroristic or military action; tax liability |
SECTION 88. [There is no 62C:88.] |
SECTION 89. Annual reports on tax credit programs; contents |