Governor Deval Patrick's Budget Recommendation - House 2 Fiscal Year 2015

Tax Expenditure Appendix D


Non-TEB Items

In July 2012 legislation was enacted stating explicitly that “sales that do not involve tangible personal property shall not result in tax expenditures”. See St 2012, chapter 165, section 112. Pursuant to this legislation, from fiscal year 2014 on, we remove some items from our tax expenditure estimates, which we regularly reported in prior years. But to facilitate comparison to tax expenditure estimates in prior years, we list these items in this appendix.


Items:
3.203

Exemption for Hotel/Motel Rooms

Rental charges for real property are exempt from sales tax.  However, rentals of rooms in hotels, motels or lodging houses are subject to a state excise at a rate of 5.7% of the rental price, and, at a municipality’s option, to a local excise of up to 6% of the rental price (6.5% in the city of Boston).  A Convention Center financing fee of 2.75% is also included in certain areas.

Origin: General exclusion of real property transactions

Estimate:  $188

Comment: Revenues collected under the budgeted state room excise were

$121.6 million in Fiscal Year 2012 and $129.2 million in Fiscal Year 2013. 

3.422

Exemption for Telephone Services

Sales of residential telecommunications services of up to $30 per month are exempt from sales tax.

Origin: M.G.L. c. 64H, 6(i)

Estimate:  $36

Comment: Telegraph services are also exempt, but are not included in this estimate.

3.501

Nontaxation of Transfers of Real Property

Real estate is exempt from sales tax but is subject to a deeds excise at a rate of 0.456% of the taxable price of the property (0.342% in Barnstable County). The estimate represents revenues that would be collected under the sales tax if sales of real property were taxed at 6.25%.

Origin: General exclusion of real property transactions

Estimate:  $3,466.8

Comment: Revenues collected under the Deeds Excise Tax (including Secretary State Deeds) were $158.8 million in Fiscal Year 2012 and $188.9 million in Fiscal Year 2013. 

3.502

Nontaxation of Rentals of Real Property

Rental charges for real property, whether for residential or business purposes, are exempt from sales tax.

Origin: General exclusion of real property transactions

Estimate:  $1,688.9

Comment:  This estimate excludes rentals of hotel/motel rooms, which are separately stated under item 3.203.

3.503

Nontaxation of Certain Services

Certain services are not subject to sales tax. This estimate includes a range of services to individuals and businesses which are excluded from taxation by their omission from the statutory definition of services.

Origin: M.G.L. c. 64H 1

Estimate:  $10,455.6

3.504

Nontaxation of Internet Access and Related Services

Internet access services, electronic mail services, electronic bulletin board services, web hosting services or similar on-line computer services are not subject to the sales and use tax.

Origin: M.G.L. c. 64H 1

Estimate:  $178.3

 

Summary:
Description of Item Former TEB number FY2011 FY2012 FY2013 FY2014 FY2015
Exemption for Hotel/Motel Rooms 3.203 145.7 160.0 169.0 181.0 188.0
Exemption for Telephone Services 3.422 40.3 37.9 36.2 35.7 36.0
Nontaxation of Transfers of Real Property 3.501 2,022.7 2,286.2 2,720.3 3,230.4 3,466.8
Nontaxation of Rentals of Real Property 3.502 1,429.8 1,482.7 1,564.1 1,625.4 1,688.9
Nontaxation of Certain Services 3.503 8,969.4 9,318.2 9,639.8 9,986.3 10,455.6
Nontaxation of Internet Access and Related Services 3.504 146.7 149.2 162.1 172.3 178.3

 


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