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Shareware Overload Trio 2
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Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
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1993-10-15
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54 lines
Dear Legislator,
In December 1992, the Massachusetts Department of Revenue
held a public hearing about its intention to BROADEN with new regulation the
the state sales tax on telephone and related transmission services -
satellite, laser, beeper, etc - known as the "telecommunications" tax.
This meeting was poorly poorly publicized and attendance represented
only a fraction of the businesses that stand to be impacted.
Then, in early 1993, without a single word in the
current regulations having been changed, the DOR initiated a series of audits
of small businesses throughout the State under which it is claiming
back taxes with interest and penalties. These businesses are providing
identical services that were audited and found to be NOT owing taxes
in 1992. Not one word of the regulations has changed. How can this be?
Examples of services that are currently being held hostage
by this round of DOR audits are a newspaper in Western MA, being
assessed "use tax" on its AP feed access fee even though state regs exempt
news; programming received by HBO and others via satellite by cable companies
even though the regs exempt broadcast TV; law firms are being assessed "use"
tax on information downloaded from databases, and information providers such
as bulletin board systems are being assessed on their access fees, even
though the telecommunications regs state that information is NOT taxable,
just the transmission is.
In none of the above audits is the state going after a "transmissions"
provider (such as telephone service resellers or beeper service providers)
who may possibly be delinquent. In all of the above instances, both the
business and the customers involved have paid the "telecommunications" tax
on the transmission of the information, news or television.
We are extremely concerned that the MA DOR, being immune
from frivolous claims, can harass Massachusetts businesses this way.
Looking to small businesses to set a precedent for an unlegislated broader tax
that will, if unchecked, affect every business in the State - banking,
retailing, insurance, mutual funds ALL depend on computer or device aided
(good lord, don't we all use faxes) information services.
As my elected official, please look into this.
The DOR needs to be restrained -- it's current tactics are vintage
"taxachusetts" and the last thing Massachusetts needs now is an
unlegislated new tax on business - one that's not even on the books.
The DOR is supposed to schedule a second hearing prelimary to
their redrafting the "telecommunications" regulation before the end of this
year. Will it? And when it does, will the DOR listen to you? Will the DOR
listen to us? Why is the DOR empowered to rewrite regulations ? Isn't
this a legislative function? Will Massachusetts follow an enlightened course
for once?
And so forth.....