Appendix D

Appendix D Non-Tax Expenditure Budget Items

In July 2012 legislation was enacted stating explicitly that “sales that do not involve tangible personal property shall not result in tax expenditures”. See St 2012, c.165, §112. Pursuant to this legislation, from fiscal year 2014 on, we remove some items from our tax expenditure estimates, which we regularly reported in prior years. But to facilitate comparison to tax expenditure estimates in prior years, we list these items in this appendix.

Items:

3.203

Exemption for Hotel/Motel Rooms

Rental charges for real property are exempt from sales tax. However, rentals of rooms in hotels, motels or lodging houses are subject to a state excise at a rate of 5.7% of the rental price, and, at a municipality’s option, to a local excise of up to 6% of the rental price (6.5% in the city of Boston). A Convention Center financing fee of 2.75% is also included in certain areas.

Origin: General exclusion of real property transactions

Estimate: $318.2

Comment: Revenues collected under the budgeted state room occupancy excise were $186.2 million in Fiscal Year 2022 and $235.7 million in Fiscal Year 2023. Beginning July 1, 2019, the room occupancy excise also applies to short-term rentals of property for 31 days or less.

3.422

Exemption for Telephone Services

Sales of residential telecommunications services of up to $30 per month are exempt from sales tax.

Origin: M.G.L. c. 64H, § 6(i)

Estimate: $17.5

Comment: Telegraph services are also exempt but are not included in this estimate.

3.501

Nontaxation of Transfers of Real Property

Real estate is exempt from sales tax but is subject to a deeds excise at a rate of 0.456% of the taxable price of the property (0.342% in Barnstable County). The estimate represents revenues that would be collected under the sales tax if sales of real property were taxed at 6.25%.

Origin: General exclusion of real property transactions

Estimate: $5,209.2

Comment: Revenues collected under the Deeds Excise Tax (including Secretary State Deeds) were $472.3 million in Fiscal Year 2022 and $336.9 million in Fiscal Year 2023.

3.502

Nontaxation of Rentals of Real Property

Rental charges for real property, whether for residential or business purposes, are exempt from sales tax.

Origin: General exclusion of real property transactions

Estimate: $2,264.6

Comment: This estimate excludes rentals of hotel/motel rooms, which are separately stated under item 3.203.

3.503

Nontaxation of Certain Services

Certain services are not subject to sales tax. This estimate includes a range of services to individuals and businesses which are excluded from taxation by their omission from the statutory definition of services.

Origin: M.G.L. c. 64H § 1

Estimate: $24,343.1

3.504

Nontaxation of Internet Access and Related Services

Internet access services, electronic mail services, electronic bulletin board services, web hosting services or similar on-line computer services are not subject to the sales and use tax.

Origin: M.G.L. c. 64H § 1

Estimate: $225.7

Summary:

Description of Item

Former TEB number

FY2021

FY2022

FY2023

FY2024

FY2025

Exemption for Hotel/Motel Rooms

3.203

97.3

204.2

258.4

283.6

318.2

Exemption for Telephone Services

3.422

21.2

18.3

17.4

17.4

17.5

Nontaxation of Transfers of Real Property

3.501

5,917.7

7,037.7

5,018.9

5,016.7

5,209.2

Nontaxation of Rentals of Real Property

3.502

2,024.9

2,068.2

2,138.4

2,201.1

2,264.6

Nontaxation of Certain Services

3.503

18,375.4

18,761.0

20,681.4

22,458.4

24,343.1

Nontaxation of Internet Access and Related Services

3.504

199.0

208.5

215.3

221.7

225.7