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Video instructions and help with filling out and completing Circular 230 2022
They didn't join us for today's webcast on Massachusetts sales and use tax requirements as a relates to the construction industry my name is Jeff Rogers I'm a tax partner in the construction group at feeling Driscoll a boston-based Regional County firm feelin just goes over 40 years of experience helping clients grow in their businesses if you wish to contact us after the webcast please call us at 888 eight seven five nine seven seven zero or visit us on the web at WWF DC PA calm today we're going to talk about the massachusetts sales and use tax requirements as it relates to the construction industry first a general overview of the sales and use tax law of massachusetts massachusetts imposes a 6.25% sales tax on the sales price or rental charges of tangible personal property sold or rented in the Commonwealth tanjo personal property is the key term their tangible personal property is more or less proper that you can pick up and move whereas when we talk about real property we think of property as generally immovable like land buildings and permanently affixed equipment the buyer pays the sales tax to the vendor at the time of purchase then the vendor remits the tax to the Commonwealth this is pretty straightforward there's no tax the massachusetts imposes and it is called the use tax the use tax is imposed on the storage use or other consumption in the commonwealth of tangible personal property purchased from any vendor or manufacturer fabricated or assembled for materials acquired within or outside the Commonwealth the same six point two five percent tax rate applies now just to be clear this is a counterpart to the sales tax it is not a double tax with the use tax what they are trying to do is ensure that tangible personal property does not escape taxation in Massachusetts they are trying to protect themselves from people that buy something in New Hampshire where there's no sales tax and bring it into the state of Massachusetts for use the consumption since you do not have to pay sales tax in New Hampshire you have to pay sales tax in Massachusetts on the back end now even if you buy materials or some other form of tangible personal property from a state that does have a sales tax you still do have an obligation to report those sales to Massachusetts what they will do is give you a credit for the taxes that you have paid to the other state if the tax rain the other state happens to be lower than in Massachusetts then you have to pay the difference in this instance you the consumer are responsible for emitting the tax to the government unlike with the sales tax where the vendor is taking care that requirement now in the case the construction mystery can be confused because you have a lot of parties that are involved there is the building owner.