12-170 C.M.R. ch. 17, § IV - LEASING AND TAX CONSIDERATIONS

A. A lease with a business entity engaged in the business of providing logging equipment under lease will be considered ownership under these rules.

1. A rental agreement of less than three weeks to accommodate short-term needs such as maintenance or repair of covered equipment reported under Section III(B) is allowed and the employer does not need to report such agreements to the department. Use of a rental agreement beyond three weeks must be reported.

2. Any lease, rent or pay-for-use agreement with an owner-operator will not be considered a lease as described under sub-Section A above.

B. If at the time the notice outlined in Section III is filed the employer has not paid the tax for the current tax year because the tax had not been assessed or was not yet due, the employer shall provide documentation that demonstrates that the employer has paid the tax in the past and will pay any taxes due on the subject equipment. This documentation may include proof of taxes paid in a prior period, reports filed with the taxing authority, and assessments received for the current period. The employer shall provide proof of payment of the taxes when such taxes are paid.

Notes

12-170 C.M.R. ch. 17, § IV