The Capitol Account August 2014 | Page 3

• Non-Compete Agreements: A plan to ban non-compete agreements divided the business community and the legislature, proving to be one of the most contentious issues of the legislative session. More mature industries favored retention, while the innovative and venture capital sectors favored elimination. The House bill was silent on the use of non-compete agreements; however, the Senate supported limiting their scope to six months. The final bill omitted any reference to non-competes, retaining the status quo. This issue is likely to resurface in the next session. Stay tuned! Read More • Sales Tax Holiday: The bill also established a tax holiday for the weekend of August 16 and 17. The measure will suspend the state’s 6.25% sales tax on most purchases less than $2,500. STAY TUNED Independent Contractor Definition: The MSCPA collaborated with Associated Industries of Massachusetts and the National Federation of Independent Businesses to develop corrective language to address the burdensome statutory definition of an independent contractor. While the language, which conformed Massachusetts to the IRS’s 11-factor test for determining employee/independent contractor classification, was not adopted, the MSCPA plans to file legislation to address the issue next session and form a coalition to advocate for this much-needed change. Learn More The Economy By The Numbers: Statewide Unemployment Rate -5.5% June 2014 National Unemployment Rate -6.1% June 2014 MA Economic Growth Tax Provisions in FY15 Budget: The $36.5 billion FY 15 budget, which took effect on July 1, 2014, contained several tax provisions of interest including: • an increase in the threshold for small claims cases before the Appellate Tax Board from $5,000 to $25,000; • a further delay of the FAS 109 exemption; • technical and procedural changes to the combined reporting statute; • language to create a limited two-month tax amnesty program which will apply to sales and use tax, sales tax on telecommunications services, withholding income, pass-through entity withholding, room occupancy excise, deeds excise, gasoline excise, and special fuels excise; and • a provision allowing for a five-year suspension of accountants or actuaries from professional engagements with retirement boards if the individual does not follow the standards established by the Governmental Accounting Standards Board (GASB). The Society opposed the measure and was successful in lobbying for the removal of the language from the final budget bill. A copy of our letter in opposition to the plan can be found here. Continued on page 3 Read More July Revenue Collections $1.6 billion, up $11 million Over monthly benchmark U.S. Consumer Confidence +90.9% July 2014 2