THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF REVENUE

 

NOTICE OF PUBLIC HEARING

Pursuant to the provisions of General Laws Chapter 14, Section 6(1), Chapter 30A, Section 2, and Chapter 62C, Section 3, the Commissioner will hold a public hearing on the following proposed regulation amendment and repeals:

830 CMR 62C.19.1:  Extensions of Time for Filing Returns (repeal)
830 CMR 62C.31A.1:  Responsible Persons (amendment)
830 CMR 62C.37A.1:  Settlement of Tax Liabilities (amendment)
830 CMR 65C.1.1:  Administrative Provisions for Estate Tax (repeal)
830 CMR 65C.2.1:  Massachusetts Gross Estate (repeal)
830 CMR 111M.2.1:  Health Insurance Individual Mandate; Personal Income Tax Return Requirements (amendment)

Scheduled Hearing Date:

Tuesday, September 23, 2014 at 10:00 A.M.
100 Cambridge Street, 2nd Floor, Conference Room A
Boston, Massachusetts 02114

Subject Matter:

830 CMR 62C.19.1:  The regulation explains the circumstances under which taxpayers may be granted an extension of time to file income tax, corporate excise and estate tax returns.  The regulation is being repealed because it is outdated and does not reflect current electronic filing methods.

830 CMR 62C.31A.1:  This regulation describes the procedure for the assessment of taxes upon and the collection of taxes from responsible persons, persons under a duty to pay over certain trustee and use taxes owed by a corporation, partnership or limited liability company.  This proposed amendment extends the statute of limitations period for the collection of taxes from six years to ten years, as well as clarifies that any question relative to a responsible person determination before the Department, the Appellate Tax Board, or any court at the end of the collections period will extend the collections period for an additional year after the final determination of the question.

830 CMR 62C.37A.1:  This regulation explains the Department’s procedures for the settlement of tax liabilities authorized under the provisions of M.G.L. c. 62C, § 37A.  This proposed amendment to section (3)(c) requires taxpayers to extend the waiver of the running of the statutory period of limitations on collection of the tax for an additional period ending two years after the due date of the last payment.  This change has been announced previously in DOR forms instructions and administrative procedures.  

830 CMR 65C.1.1:  This regulation explains the administrative provisions of the Massachusetts estate tax that were applicable to the estates of decedents dying on or after January 1, 1986 and before January 1, 1997.  The regulation is being repealed because it is obsolete.

830 CMR 65C.2.1:  The regulation explains the property included in the Massachusetts gross estate for the computation of the Massachusetts estate tax that was applicable to the estates of decedents dying on or after January 1, 1986 and before January 1, 1997.  The regulation is being repealed because it is obsolete.

830 CMR 111M.2.1:  Under the Massachusetts Health Care Reform Act, a resident is required to indicate whether he or she has health insurance on his or her Massachusetts personal income tax return.  A resident who has access to affordable coverage but who does not obtain the coverage, and to whom an exception does not apply, is subject to penalties under M.G.L. c. 111M, § 2 which will be imposed through the individual’s personal income tax return.  For tax years beginning on or after January 1, 2014, the federal Affordable Care Act instituted a federal mandate on individuals to obtain and maintain health insurance. While both Massachusetts and federal health care reform include this individual responsibility requirement, there are differences associated with the penalties imposed.  For tax year 2014 and subsequent years, to ensure that no taxpayer is subject to the aggregation of both the state and federal penalties, this proposed regulation provides an adjustment in the circumstance where an individual is subject to both the federal and the Massachusetts penalties.

Information:

A copy of the proposed regulation will be sent electronically via e-mail to practitioners who are on the Rulings and Regulations Bureau's e-mail list.  In addition the proposed regulation is posted on the Department of Revenue's Web site at: http://www.dor.state.ma.us/rul_reg.  Hard copies of the proposed regulation may be obtained from the Rulings and Regulations Bureau, Post Office Box 9566, Boston, Massachusetts 02114-9566.  Written comments in advance of the hearing are encouraged and should be sent to the Rulings and Regulations Bureau.  Alternatively, comments may be emailed to RulesandRegs@dor.state.ma.us or faxed to 617-626-3290.  All persons desiring to be heard on this matter should appear at the designated time and place.


/s/Amy Pitter
Amy Pitter
Commissioner of Revenue