May 7, 2012
Jay Gonzalez, Secretary for Administration and Finance
Commonwealth of Massachusetts
State House, Room 373
Boston, MA 02133
Chairman Brian S. Dempsey
House Ways and Means Committee
State House, Room 243
Boston, MA 02133
Chairman Stephen M. Brewer
Senate Ways and Means Committee
State House, Room 212
Boston, MA 02133
Re: Temporary Holding Fund Transfer
Dear Secretary Gonzalez, Chairman Dempsey, and Chairman Brewer:
Pursuant to certification received from the Commissioner of Revenue in accordance with Massachusetts General Laws, Chapter 62F, Section 6A, the “Cumulative Net State Tax Revenues in Excess of Permissible Limit” is zero as of the third quarter of Fiscal Year 2012. The balance in the Temporary Holding Fund is $0; therefore, no transfer will be made to the Temporary Holding Fund as of March 31, 2012.
Should you have any questions, please feel free to contact me.
Martin J. Benison
Michael Esmond, Budget Director
Amy Pitter, Commissioner of Revenue
James MacDonald, First Deputy Treasurer
Eileen Glovsky, Deputy Treasurer
Howard Merkowitz, Deputy Comptroller
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE IX. TAXATION
CHAPTER 62F. LIMITATION ON THE GROWTH OF STATE TAX REVENUES
Chapter 62F: Section 6A. Temporary holding fund; excess state tax revenues; transfer and allocation of funds
Section 6A. For any quarter of a fiscal year in which cumulative net state tax revenues exceed cumulative permissible tax revenues as defined in this chapter, the comptroller shall transfer such amounts as necessary from the General Fund to the temporary holding fund established by the comptroller to ensure that for the end of each quarter of the fiscal year, the balance of the temporary holding fund shall reflect the year-to-date difference between cumulative net state tax revenues and cumulative permissible state tax revenues. If the balance in the temporary holding fund exceeds the year-to-date difference between cumulative net state tax revenues and cumulative permissible state tax revenues, the comptroller shall transfer the amount of the difference to the General Fund. The secretary of administration and finance may promulgate rules, regulations and guidelines to effectuate the purposes of this section.
For any fiscal year when expenditure from the Commonwealth Stabilization Fund is required to pay expenses of the commonwealth, the comptroller shall reimburse the commonwealth Stabilization Fund at the end of the fiscal year from the temporary holding fund the amount of all such appropriations from the Commonwealth Stabilization Fund, provided that said reimbursement shall not exceed the balance in the temporary holding fund. Any funds remaining in the temporary holding fund at the end of the fiscal year shall be transferred to the General Fund and shall be part of the consolidated net surplus certified by the comptroller pursuant to section 5C of chapter 29.
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