Mass. Gen. Laws ch. 64G § 3

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 64G:3 - Imposition and rate; exemption; payment

An excise shall be imposed upon the transfer of occupancy of a room or unit in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel by an operator at the rate of 5 per cent of the total amount of rent for each such occupancy. An excise shall not be imposed if the total amount of rent is less than $15 per day or its equivalent.

The operator shall pay the excise to the commissioner at the time provided for filing the return required under section 16 of chapter 62C.

No excises or fees established under this chapter shall be imposed upon the transfer of occupancy of a short-term rental if the operator transfers such short-term rental for not more than 14 days in a calendar year, provided, that the operator has first:

(i) registered with the commissioner in accordance with section 67 of chapter 62C; and
(ii) filed a declaration with the commissioner, signed by the operator and subject to section 5 of chapter 62C, setting forth the intention to transfer the short-term rental for not more than 14 days in a calendar year. Such a declaration, if applicable, shall be required annually in a manner determined by the commissioner. If the operator transfers the short-term rental for 15 days or more in the same calendar year, or fails to register and file a declaration as required by this section, then the operator shall be liable for the payment of required excises and fees under this chapter, including payment of required taxes and fees on the first 14 days the short-term rental was transferred in the calendar year.

Mass. Gen. Laws ch. 64G, § 3

Amended by Acts 2018, c. 337,§ 6, eff. 3/28/2019 effective for transfers of occupancies of short-term rentals that commence on or after 7/1/2019 and for which contracts with occupants were entered into on or after 1/12019; and for transfers of occupancies in bed and breakfast establishments, hotels, lodging houses and motels beginning on or after July 1, 2019.
See Acts 2019, c. 5, § 37.