Massachusetts General Laws
Chapter 64g - Room Occupancy Excise
Section 3d - Community Impact Fees

[Text of section effective as provided by 2018, 337, Secs. 14 and 15A as added by 2019, 5, Sec. 37.]
Section 3D. (a) A city or town that accepts section 3A may, by a separate vote and in the same manner of acceptance as set forth in said section 3A, impose a community impact fee of not more than 3 per cent of the total amount of rent upon each transfer of occupancy of a professionally managed unit that is located within that city or town.
(b) A city or town that votes to impose a community impact fee under subsection (a) may, by a separate additional vote and in the same manner of acceptance as set forth in section 3A, also impose the community impact fee upon each transfer of occupancy of a short-term rental unit that is located within a two-family or three-family dwelling that includes the operator's primary residence.
(c) An operator shall pay the community impact fees imposed under this section to the commissioner at the same time and in the same manner as the excise due to the commonwealth under section 3. All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall, not less than quarterly, be distributed, credited and paid by the state treasurer upon certification of the commissioner to the city or town. A city or town shall dedicate not less than 35 per cent of the community impact fees collected under this section to affordable housing or local infrastructure projects.

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