Massachusetts has launched its amnesty program. Qualifying Individuals and businesses who have not filed required tax returns or who have under reported their income may file returns and amended returns and not be assessed penalties. YOU NEED TO ACT NOW as the program only runs from April 1, 2016 through May 31, 2016. Most tax types will be eligible, including personal income tax, corporate excise and sales/use tax.

An eligible taxpayer that participates in the Amnesty Program is required to submit an Amnesty Return online via the Department’s Amnesty website atwww.mass.gov/TaxAmnesty.  A business taxpayer must make a single submission of an Amnesty Return that includes all of the tax types and amounts for which the taxpayer is seeking amnesty.  Once a business taxpayer submits an Amnesty Return, the system will not allow the taxpayer to file any additional Amnesty Returns or make changes to any Amnesty Return previously filed.  A non-business taxpayer may file one Amnesty Return or separate Amnesty Returns for most tax types; however, a taxpayer must submit separate Amnesty Returns for fiduciary income tax and estate tax.  Further instructions will be provided on the Department’s Amnesty website.

A  taxpayer that files for amnesty is required to retain (but not submit) copies of the completed tax returns (e.g., Form 1, Form 355, et al) for the tax years and the  tax types for which it filed for amnesty and must retain  all supporting documents  to be provided to the Department for verification upon request.  Where a taxpayer has made use of a transferable credit to reduce amounts reported as due on an Amnesty Return, the taxpayer must keep a record of the certificate number(s) for such credit.

An Amnesty Return cannot be filed to claim a refund or a credit attributable to an overpayment of tax.

A taxpayer that participates in the Amnesty Program must pay the entire balance shown as due on the Amnesty Return online via the Department’s Amnesty website.[8]  If the taxpayer chooses to make an electronic payment using a credit card, a convenience fee will be charged by the selected credit card vendor.  The online amnesty application will calculate the correct interest and total amnesty balance due.

Taxpayers who have already been contacted by the Massachusetts Department of Revenue concerning their taxes or received an assessment or intent to assess notice may not participate in the plan.