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Massachusetts prohibits state agencies from hiring contingency fee tax auditors and tax experts

Original title: An Act to eliminate contingency fee auditors

Last action · March 16, 2026: Accompanied a study order, see H5238Sponsor: Hannah Kane

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Massachusetts prohibits the Department of Revenue, the State Treasurer, and other state agencies from contracting with tax auditors or tax experts whose compensation depends on the amount of taxes, interest, or penalties assessed or collected. The ban takes effect on July 1, 2026, and applies to new contracts, renewals, and discretionary audit assignments under older contracts.

Why it matters

Changes how the state procures tax auditing and expert services by eliminating performance-based or contingency pay structures across all state agencies, taking effect July 1, 2026.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Department of Revenue

Must alter its contracting practices to eliminate contingency fee arrangements for auditors and tax experts by July 1, 2026.

Directly affected

State Treasurer

Prohibited from employing or contracting with tax personnel on a contingent fee basis.

Directly affected

Taxpayers

Subject to tax audits and liability determinations conducted exclusively by non-contingency-compensated auditors and tax experts.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What compensation method is being banned for state tax auditors?
The bill bans contingent fee compensation, or any payment method related to the amount of tax, interest, or penalty assessed against or collected from a taxpayer.
When does this prohibition take effect?
The act becomes effective on July 1, 2026.
How does the law handle existing contingency fee contracts entered into before July 1, 2026?
Agencies cannot renew these contracts after July 1, 2026, and cannot assign further audits on a contingency basis under those contracts if they would be prohibited under the new act.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

6 actions
  1. Mar 16, 2026House
    Accompanied a study order, see H5238
  2. Dec 18, 2025House
    Reporting date extended to Friday, February 20, 2026
  3. Oct 7, 2025Joint
    Hearing rescheduled to 10/07/2025 from 01:00 PM-02:00 PM in A-2 and Virtual<br> <span style="color: blue; font-style: italic;">Hearing updated to New End Time</span>
  4. Sep 26, 2025Joint
    Hearing scheduled for 10/07/2025 from 01:00 PM-05:00 PM in A-2
  5. Feb 27, 2025Senate
    Senate concurred
  6. Feb 27, 2025HouseCommittee
    Referred to the committee on Revenue

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Elimination of Performance-Based Tax Auditing

The bill transitions state tax auditing and expert consultation entirely away from contingency fee arrangements to safeguard perceived auditor independence.

Connected Entities

State Treasurer, Chapter 14 of the General Laws, Department of Revenue and 1 more
OrganizationState Treasurer“Constitutional officer prohibited from hiring contingency fee auditors”Map →
otherChapter 14 of the General Laws“Statute amended by inserting Section 3B regarding auditor independence”Map →
OrganizationDepartment of Revenue“State tax agency prohibited from hiring contingency fee auditors”Map →
otherChapter 200A of the General Laws“Statute amended by inserting a new subsection prohibiting contingent fee contrac”Map →

Sources

Open source document

malegislature.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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