Massachusetts General Laws
Chapter 64g - Room Occupancy Excise
Section 2 - Exempted Accommodations

[Text of section effective as provided by 2018, 337, Sec. 15A as added by 2019, 5, Sec. 37.]
Section 2. This chapter shall not include: (i) lodging accommodations at a federal, state or municipal institution; (ii) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that the exemption allowed shall not apply to accommodations provided by any such institution at a hotel or motel generally open to the public and operated by the institution; (iii) privately-owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; (iv) religious or charitable homes for the aged, infirm, indigent or chronically ill; (v) summer camps for children up to 18 years of age or developmentally disabled individuals; provided, however, that a summer camp that offers its facilities off season to individuals 60 years of age or older for a period of not more than 30 days in a calendar year shall not lose its exemption under this section; (vi) bed and breakfast homes; (vii) lodging accommodations provided to seasonal employees by employers; (viii) alcohol and drug free housing that is certified pursuant to section 18A of chapter 17; (ix) tenancies at will or month-to-month leases; and (x) time-shares, as defined in section 2 of chapter 183B.
For the purposes of this section, ''developmentally disabled individual'' shall mean an individual who has a severe chronic disability that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is likely to continue indefinitely; (iii) results in substantial functional limitations in not less than 3 of the following areas of major life activity: (A) self-care; (B) receptive and expressive language; (C) learning; (D) mobility; (E) self-direction; (F) capacity for independent living; and (G) economic self-sufficiency; and (iv) reflects the individual's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and are individually planned and coordinated.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title IX - Taxation

Chapter 64g - Room Occupancy Excise

Section 1 - Definitions

Section 2 - Exempted Accommodations

Section 3 - Imposition and Rate; Payment

Section 3a - Local Excise Tax; Information Concerning Amount Collected Available

Section 3b - Reversion of Convention Center Financing Fees Imposed Upon Transfers of Occupancy of Short-Term Rentals in Certain Cities

Section 3c - Imposition of Additional Excise on Members of Cape Cod and Islands Water Protection Fund

Section 3d - Community Impact Fees

Section 4 - Reimbursement for Excise by Occupant

Section 5 - Separate Statement and Charge of Amount of Excise

Section 6 - Certificate of Registration

Section 6a - Unlawful Practices Under Section 4 of Chapter 151b Prohibited

Section 7a - Worthless Accounts; Abatement

Section 7b - Personal and Individual Liability for Excises Required to Be Paid by This Chapter; Misrepresentation of Exemption

Section 12 - Excise Tax Exemption for u.s. Military Employees Traveling on Military Orders

Section 13 - Collection of Rent by Intermediary; Collection and Remittance of Excise by Intermediary

Section 14 - Regulation of Operators by Cities or Towns

Section 15 - Prohibition on Short-Term Rentals by Homeowner's Association Agreement, Rental Agreement, or Other Restriction, Covenant, Etc.

Section 16 - Short-Term Rental of Units That Are Subject to Rent Control Provisions

Section 17 - Report on the Economic Activity of Short-Term Rentals Rented for Occupancy Through a Hosting Platform or Intermediary

Section 18 - Rules and Regulations