I. Process for Amending Returns
As of December 5, 2016, if after filing a return for any tax type, a taxpayer discovers that information was omitted or a mistake was made, the taxpayer should file an amended return to adjust the information reported on the prior return. Filing an amended return will be the appropriate means for most taxpayers to increase previously self-assessed tax, to decrease previously self-assessed tax, to report an increase in self-assessed tax resulting from a federal change, to report a decrease in self-assessed tax resulting from a federal change, and to make amendments that have no net effect on the tax shown on the return (e.g., amendments that would affect a loss carryover). Taxpayers will no longer use an abatement application to amend a return.  The Form CA-6 Application for Abatement/Amended Return will no longer be used for this (or any) purpose.
Most taxpayers will be able to amend their returns electronically on MTC. However, personal income taxpayers, corporations filing a combined report and certain other C and S corporations may need to use a paper form because MTC and/or third-party software providers may not support electronic amended return filings. Such taxpayers filing amended returns on paper will manually complete the same tax form as used for the original or prior amended return and check the box indicating whether the return is either an amended return or a federal/state change (as applicable). Most taxpayers of business tax types will continue to use MTC or other electronic filing options to file an amended return as explained in TIR 15-13.
Regardless of the manner of filing, an amended return, in general, will be processed as an amended self-assessment under G.L. c. 62C, subject to potential DOR audit review. See 830 CMR 62C.26.2. Changes indicated on the amended return will be reflected as adjustments to the taxpayer’s account. An amended return showing an increase in tax constitutes a new self-assessment but the new assessment is limited to the amount of the increase in tax due. An amended return showing a decrease is not a new assessment, as the remaining tax shown as due was already self-assessed on a prior return.
An amended return showing a reduction in tax liability must be filed within the time limits specified for abatements of tax as applicable in G.L. c. 62C, §§ 30 (federal change), 30A (state change) and/or 37 (for abatement generally) in order to be processed.  Any overpayments and refunds resulting from an amended return are subject to applicable statutory limitations, including those contained in G.L. c. 62C, §§ 30, 30A, 36, 37, and 40, and refunds are subject to any allowable offset or intercept.
In certain instances an amended return filed pursuant to this new process and showing a reduction of tax may be treated by DOR as an application for abatement to protect the abatement and appeal rights of the taxpayer and to allow DOR an adequate opportunity to review the changes. See Section IV of this TIR below.
II. Amended Returns for All Tax Types Remain Subject to DOR Review and Potential Adjustment
DOR will process the great majority of amended returns in the same general manner as it does an original return. The processing of an amended return by DOR does not indicate approval of the changes reported on the amended return. As with an original return, an amended return may be selected for review by DOR during processing or at a later time. Amended returns where refunds have been issued remain subject to additional review in accordance with statutory time limitations, including those contained in G.L. c. 62C, §§ 26, 29, 30, 30A, 36, 37, and 40. In the event of an erroneous refund, the provisions of G.L. c. 62C, § 36A will apply.
If the Commissioner later concludes that the proper tax due is higher than the amount reported on the amended return, or otherwise, the Commissioner may issue a Notice of Intent to Assess  to the taxpayer where required by G.L. c. 62C, § 26(b). If a Notice of Intent to Assess is issued, pursuant to G.L. c. 62C, § 26(b), the taxpayer will then have a statutory 30 day period to request a pre-assessment conference with DOR. Issuance of the Notice of Intent to Assess will serve to protect a taxpayer’s statutory and administrative rights for administrative review and appeal. Subject to such administrative review, the taxpayer may subsequently be issued a Notice of Assessment representing a deficiency assessment by the Commissioner. The deficiency assessment will offer an opportunity for further administrative review and appeal pursuant to G.L. c. 62C, § 37.
Taxpayers seeking to obtain an abatement of a deficiency assessment or a penalty assessment issued by DOR should use MTC by logging on to their MTC account and following the instructions provided for disputing a tax or penalty assessed by DOR. Any taxpayers using a paper form may seek an abatement of a tax or penalty assessed by DOR by submitting DOR’s new Form ABT, Application for Abatement, but disputes filed through MTC will be processed much more quickly and thus that is the preferred route. At this time, taxpayers seeking to appeal a Responsible Persons determination or a state-collected motor vehicle excise assessment, a purchaser filing a refund claim on behalf of a vendor, or tax types not yet supported on MTC (see footnote 1) must file a paper Form ABT.
As noted above, taxpayers will no longer use Form CA-6, “Application for Abatement/Amended Return,” for any purpose.
IV. The Commissioner May Deem an Amended Return to be an Application for Abatement
An amended return showing a reduction in self‑assessed tax generally will not be treated by DOR as an application for abatement. Nevertheless, in certain instances the Commissioner may deem an amended return showing a reduction of tax to be an application for abatement to protect the abatement and appeal rights of the taxpayer and to allow DOR an adequate opportunity to review the changes, as described in paragraphs A and B, below. For example, a common situation where DOR would determine to treat an amended return as an application for abatement would be when an amended return is received shortly before the expiration of the period of limitations for assessment of tax with regard to the period being amended.
A. Process where the Commissioner Deems an Amended Return to be an Application for Abatement
Where DOR receives an amended return and deems the amended return to be an abatement application, DOR will provide the taxpayer with notice of such treatment. The notice will provide instructions, including direction regarding hearing rights, and will ask for a response and any necessary documentation. The taxpayer’s amended return showing a reduction of a prior self-assessment will be treated as an application for abatement in the amount indicated and, for the protection of the taxpayer’s rights, the taxpayer will be deemed to have consented to extend the statute of limitations contained in G.L. c. 58A, § 6 when the taxpayer filed its amended return. A taxpayer may withdraw such consent at any time by contacting the DOR in writing. See TIR 16-11. The self-assessment on the original or a prior return, without adjustment pursuant to this amended return, will remain in effect except to the extent that any amount may thereafter be abated. The date of the filing of the amended return will be treated as the date of filing of the application for abatement. The taxpayer will have the option, in responding to the notice from DOR, to request a hearing and/or other dispute resolution options.
B. Process where the Amended Return is Deemed as an Application for Abatement Due to the Expiration of the Statute of Limitation on Abatement Claims
DOR anticipates processing amended returns promptly, in a manner comparable to the processing of original returns. However, in the event that the Commissioner fails to take action upon a properly filed amended return that seeks a reduction in self-assessed tax before the time at which the statute of limitations for abatement claims would otherwise expire under G.L. c. 62C, §§ 30, 30A and/or 37, the Commissioner will deem such amended return to be an application for abatement in the amount of reduction sought. To protect the taxpayer’s administrative appeal rights, the taxpayer will be deemed to have consented to extend the statute of limitations contained in G.L. c. 58A, § 6 when the taxpayer filed its amended return. A taxpayer may withdraw such consent at any time by contacting the DOR in writing (see footnote 10). See TIR 16-11. The self-assessment on the original or a prior return, without adjustment pursuant to this amended return, will remain in effect except to the extent that any amount may thereafter be abated. The date of the filing of the amended return will be treated as the date of filing of the application for abatement. The intent of this treatment is to protect a taxpayer’s abatement rights in the event of a processing error by DOR. If DOR fails to act upon an amended return such that this Section IV.B. applies, the taxpayer should contact DOR as soon as possible to request a hearing and/or other dispute resolution options.
The Commissioner intends to adopt regulatory changes to reflect the new processes being implemented.
/s/Michael J. Heffernan
Michael J. Heffernan
Commissioner of Revenue
December 2, 2016