454 CMR 30.09
Tax Credits, Incentives and Status
(1) For purposes of the determination of tax credits and other economic incentives provided by
the Commonwealth or other government entity and based on employment, covered employees
shall be deemed solely the client's employees. A client shall be entitled to the benefit of any tax
credit, economic incentive or other benefit arising as the result of the employment of covered
employees of such client. Notwithstanding that the PEO is the reporting employer for the
purposes of the federal Internal Revenue Service form W-2, the client shall continue to qualify
for the benefit, incentive or credit. Each PEO shall provide, upon request by a client or by
agency employment information reasonably required for administration of any tax credit or
economic incentive and necessary to support any request, claim, application or other action by
a client seeking any tax credit or economic incentive.
(2) With respect to a bid, contract, purchase order or agreement entered into with the
Commonwealth or a political subdivision thereof, a client company's status or certification under
federal or state law as a small, minority-owned, disadvantaged, woman-owned business or other
underutilized class of enterprise shall not be affected because the client company has entered into
a PEO relationship.
(3) If there is a tax or assessment imposed or calculated upon the basis of total payroll, the PEO
shall be eligible to apply any small business allowance or exemption available to the client for
the covered employees for the purpose of computing the tax.