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Mass. must rely on tire buyers’ use taxes

August 25, 2009

Tires_FreeFoto_13_56_2_prev Massachusetts' use tax is in the news again, as that state's highest court ruled today that the state can't collect taxes from a New Hampshire retail chain that sells tires to Massachusetts residents.

"The Legislature may, of course, enact such a presumption, but in the
absence of any such statutory authorization, it is error to rely on a
presumption that tires sold to a Massachusetts resident outside the
Commonwealth were actually used in the Commonwealth,'' according to the court's decision.

The case arose when, in 2003, a Massachusetts auditor found 313 invoices in a sample of sales records at three
Town Fair Tire Center stores in New Hampshire that listed
Massachusetts addresses for customers.

The Massachusetts Department of Revenue subsequently assessed $109,000 in uncollected
use taxes to Town Fair. That move was upheld by the Massachusetts
Appellate Tax Board. Town Fair then appealed to the state's highest court.

There are no constitutional issues to warrant further legal appeals, so now Massachusetts tax collectors must rely on cross-border tire buyers to pay any Bay State use taxes. As I noted in my post State use taxes tend to be useless, good luck with that.

You can read more about the case and today's court ruling in the Wall Street Journal, Boston Globe, the Massachusetts Lawyers Weekly and the Boston Business Journal.

Tires photo courtesy FreeFoto.com

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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