NOW LAW
OK, the Sales Tax Holiday is NOW LAW for 2005 (approved 7/22/05).
The dates: Saturday 8/13/05 and Sunday 8/14/05.
Limitations: "...shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or a single item whose price is in excess of $2,500."
Reference: Chapter 52 of the Acts of 2005
http://www.mass.gov/legis/laws/seslaw05/sl050052.htm
DOR TIR 05-9
http://www.dor.state.ma.us/rul_reg/tir/TIR_05_9.htm
-----------Now for Some Practical Facts About This---------------
- I suggest that you print out a copy of this law (AND DOR TIR) and carry it with you those days. Any doubting merchants . . . you can ask for a supervisor and point it out to them.
- The state is VERY UNLIKELY to notify holders of MA Sales & Use Tax Certificates (they didn't last year and the excuse was they weren't funded to pay for advertising/mailings), and MANY merchants will NOT be aware of this sales tax holiday. It is NOT THEIR FAULT, and none of us should be running a business based on what we hear on the news, but that will be the only way they will know what they are supposed to do.
- There is a provision in this law that IF a merchant erroneously charges you sales tax, they MUST submit that erroneous sales tax to the state! From Section 2 of the law: "...but any excise erroneously or improperly collected during the days of August 13, 2005 and August 14, 2005 shall be remitted to the department of revenue." So do all your arguing at the point of sale, it may be too late afterwards. [It's a hassle for the merchant to get the erroneous tax back from the state, thus many may refuse to reimburse you later.]
- Remember that I said initially (a little too strongly) that this wasn't real until it was signed by the Governor into law? Well the original proposal was for 1 day, but EVERY YEAR. The sausage that came out of Bacon Hill was for 2 days, but ONLY this year!
- The TIR has wording that the purchases over $1000 TOTAL (in a transaction) MUST certify that it is not for "business use". DOR interprets the sales tax holiday as ONLY applying to "personal use" purchases.
I guess many of us will be making our shopping lists for Four Seasons? [lol] Carl better double the stock in his shop!
EDITED: To correct a few errors in my initial post details.