No Tax Exemption for For-Profit Business Managing MBTA Billboards
The Massachusetts Supreme Judicial Court delivered a definitive verdict on Monday, declaring that a for-profit advertising company cannot be exempted from a billboard tax. This decision concerns the management of billboards owned by the Massachusetts Bay Transit Authority (MBTA), impacting Outfront Media LLC’s financial obligations for the fiscal year 2021.
Massachusetts Bay Transit Authority billboards tax : Detailed Court Decision
Associate Justice Scott L. Kafker, writing for a unanimous court, upheld the Massachusetts Appellate Tax Board’s earlier decision that denied Outfront Media’s plea to avoid $198,257 in Boston real estate taxes. The tax exemption in question permits the MBTA’s real and personal property to be untaxed unless it is “leased, used, or occupied in connection with a business conducted for profit,” a criteria that Outfront Media did not meet.
The court highlighted that Outfront Media’s arrangement to manage the advertisement on MBTA billboards constitutes “use” of the property. This places their operation more akin to a revenue-generating Dunkin’ Donuts within a train station rather than a mere custodial or plumbing service that interacts minimally with the property. The ruling emphasizes that Outfront is not merely providing a service; it is actively utilizing MBTA’s property to run a profit-driven business.
Control and Profit: The Crux of the Ruling
Outfront Media holds exclusive physical control over the billboards and sets its own advertising rates, distinguishing it significantly from typical service providers to the MBTA. Such control and the ability to generate revenue from it liken the company’s role to that of a property owner, not just a contractor, the justices noted.
