[chalst]

What makes you think this only applies to software developers?

I provide editorial and publishing consulting - I don't write code to sell, but I do configure and patch other people's code. Am I covered by this law? Well, I guess I am.

Easiest solution for me: don't accept clients in Massachusetts.

[troels]

Oh you can accept them alright. Just recharge the extra tax to the customer, if they're from MA. You don't even need to worry about if it applies to that particular invoice or not - Just add it in any case.

[Daniel_Newby]

Assessing a fee under false color of law is a serious crime.

[troels]

I wouldn't suggest that you keep the funds for your self. You could just pay it through in any case - I'm sure the MA tax department wouldn't mind. And I would also assume that to be a lawful practise.

The point is that you make it clear why your customers are being charged extra. It's then up to them to contact their local representatives and ask them to change the law. If you're not based in MA, it's not really your problem. Sucks for businesses in MA of course.

[grumps]

If you don't have physical ties to the state, I believe it isn't your problem, it's theirs, then again I'm not a lawyer or an accountant.