Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 64I, § 1

Definitions

Official textmalegislature.gov

Section 1. As used in this chapter the following words shall have the following meanings:—

[First paragraph following introductory paragraph applicable as provided by 2019, 41, Sec. 106.]

The words ''business'', ''commissioner'', ''engaged in business'', ''engaged in business in the commonwealth'', ''gross receipts'', ''marketplace'', ''marketplace facilitator'', ''marketplace seller'', ''person'', ''remote marketplace facilitator'', ''remote marketplace seller'', ''remote retailer'', ''retailer'', ''retail establishment'', ''sale'', ''selling'', ''sale at retail'' and ''retail sale'', ''sales price'', ''services'', ''tangible personal property'', ''tax'', ''taxpayer'', ''telecommunications services'', and ''vendor'', shall have the same meanings as in section one of chapter sixty-four H.

''Purchase and purchased'' shall include (i) any transfer of title or possession, or both, exchange, barter, lease, rental, license to use, license to consume, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration; (ii) a transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price; (iii) a transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication; (iv) the performance of services for a consideration, excluding services performed by an employee for his employer and services for which the provider is compensated by means of an honorarium or commission.

''Purchaser'', any person who shall have purchased tangible personal property or services sold at retail and includes a buyer, vendee, lessee, licensee or grantee.

''Store'' and ''storage'', any keeping or retention in the commonwealth for any purpose except sale in the regular course of business or subsequent use solely outside of the commonwealth of tangible personal property purchased from a vendor.

''Use'' shall mean and include (i) the exercise of any right or power over tangible personal property incident to the ownership of that property, except that it does not include the sale of that property in the regular course of business, and (ii) enjoyment of the benefit of a service, except that it does not include the sale of services in the regular course of business.

The terms ''store'' and ''storage'', and ''use'' shall not include the keeping, retaining, or exercising of any right or power over tangible personal property for the purpose of subsequently transporting it outside of the commonwealth for use thereafter solely outside of the commonwealth, or for the purpose of being processed, fabricated or manufactured into other tangible personal property to be transported outside of the commonwealth and thereafter used solely outside of the commonwealth.

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In this chapter (27 sections)
  1. 64I-1 · Definitions
  2. 64I-2 · Imposition; rate; payment
  3. 64I-2A · Repealed, 1991, 4, Sec. 13
  4. 64I-3 · Liability for tax
  5. 64I-4 · Collection of tax; status of tax; sales of motor vehicles
  6. 64I-4A · Payment and accounting methods for use tax liability;…
  7. 64I-5 · Computation of tax
  8. 64I-6 · Statement and collection of tax
  9. 64I-7 · Exemptions
  10. 64I-8 · Presumption of sale for use, storage or consumption; burden of…
  11. 64I-9 · Registration required
  12. 64I-10 · Repealed, 1976, 415, Sec. 113
  13. 64I-11 · Classified permits establishing percentage of exempt sales
  14. 64I-12-to-16 · Repealed, 1976, 415, Sec. 113
  15. 64I-17 · Liability for failure to pay tax
  16. 64I-18-to-23 · Repealed, 1976, 415, Sec. 113
  17. 64I-24 · Advertisement that vendor will assume or absorb tax
  18. 64I-25 · Repealed, 1976, 415, Sec. 113
  19. 64I-26 · Motor vehicles; presumption of transfer for storage, use or…
  20. 64I-26A · Motorboats; aircraft; certificate issuance; evidence of tax…
  21. 64I-27 · Trade-in of motor vehicles or trailers; use tax
  22. 64I-28 · Repealed, 1990, 121, Sec. 66
  23. 64I-29-to-31 · Repealed, 1976, 415, Sec. 113
  24. 64I-31A · Bond or deposit; non-resident contractors; definition
  25. 64I-32 · Repealed, 1976, 415, Sec. 113
  26. 64I-33 · Service of process; nonresident vendors
  27. 64I-34 · Claims for reimbursement on worthless accounts
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