CONCORD - Gov. John Lynch and Attorney General Kelly Ayotte today announced the state is filing an amicus brief in the Massachusetts Supreme Judicial Court in an effort to protect New Hampshire businesses from having to collect sales taxes on behalf of Massachusetts.”

“I think it is outrageous that Massachusetts erroneously believes it can impose its sales tax here in New Hampshire. Our businesses should in no way be obligated to collect a sales tax for Massachusetts,” Gov. Lynch said. “We have chosen not to have a sales tax here in New Hampshire and we are not about to let Massachusetts impose its tax on our businesses.”

Attorney General Kelly Ayotte will file an amicus brief with the Supreme Judicial Court for the Commonwealth of Massachusetts in an appeal of a tax enforcement action against Town Fair Tire Centers. The Massachusetts Commissioner of Revenue is seeking to collect taxes for sales that occurred in New Hampshire. The Court has asked interested parties to file briefs before March 23.

Town Fair Tire Centers is a Connecticut corporation doing business throughout New England, with several stores in Massachusetts and New Hampshire.

“I intend to file an amicus brief on behalf of the State to ensure that New Hampshire businesses will not become agents of Massachusetts tax authorities. Massachusetts should not be permitted to impose its sales tax in New Hampshire,” Ayotte said. “I am concerned that the action taken by the Massachusetts Commissioner of Revenue may be interpreted to expand its authority to collect taxes from New Hampshire businesses. The Massachusetts tax law should not be enforced in such a way as to interfere with interstate commerce.”