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In the state of Massachusetts, the charge must be separately stated. Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in Massachusetts.
In Massachusetts, a 6.25% sales tax is imposed on all services performed in the state. Unlike Connecticut and New York, business and professional services in Massachusetts are presumed taxable unless specifically exempt by state statute.
Whether labor is subject to sales tax depends upon the circumstances under which the labor is performed: If tangible personal property is not transferred, labor is not taxable. If custom-made items are sold at retail, labor is taxable.
In addition, sales of prewritten software, computer hardware, and hardware and software maintenance contracts involving software updates, upgrades and fixes are generally subject to the Massachusetts sales and use tax under the rules provided in the regulation.
Are services subject to sales tax in Massachusetts? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In Massachusetts, specified services are taxable.
Yes. Retail sales tax applies to a service contract or warranty sold to a consumer (WAC 458-20-257).
The services are not taxable to the customers and the landscaper is considered the consumer of all of the mulch, seed, sod and any other material purchased to perform the services for which Bob's Landscaping was hired. Sales or use tax is due on the price paid by the landscaper to the vendor(s).
As consumers of tangible personal property, construction contractors pay sales tax to their suppliers on their purchases. See Ace Heating, 371 Mass. 256-257; Letter Ruling 94-6. The transfer of real property by a construction contractor to a buyer is not subject to sales tax.
Obtain the necessary licensing and permits for your Massachusetts landscaping business, including the Landscape Architect License from the Office of Consumer Affairs and Business Regulation. Check with local city offices to see if you need to obtain a business license to offer services in that city.
Traditional Goods or Services Goods that are subject to sales tax in Massachusetts include physical property, like furniture, home appliances, and motor vehicles. Prescription medicine, groceries, gasoline, and clothing are all tax-exempt. Some services in Massachusetts are subject to sales tax.