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2 | 2 | | HOUSE DOCKET, NO. 152 FILED ON: 1/10/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2798 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | William C. Galvin |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act providing for a means tested senior citizen property tax exemption. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023Francisco E. Paulino16th Essex1/13/2023Mathew J. Muratore1st Plymouth1/30/2023 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 152 FILED ON: 1/10/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2798 |
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18 | 18 | | By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2798) of |
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19 | 19 | | William C. Galvin, Francisco E. Paulino and Mathew J. Muratore relative to establishing local |
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20 | 20 | | option means-tested senior property tax exemptions. Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2905 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act providing for a means tested senior citizen property tax exemption. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. In any city or town which accepts this section. |
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32 | 32 | | 2 SECTION 2.With respect to each qualifying parcel of real property classified as class |
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33 | 33 | | 3one, residential in the municipality there shall be an exemption from the property tax in an |
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34 | 34 | | 4amount to be set annually by the Select Board or Mayor of the municipality as provided in |
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35 | 35 | | 5section 3. The exemption shall be applied to the domicile of the taxpayer only. For the purposes |
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36 | 36 | | 6of this act, “parcel” shall be a unit of real property as defined by the board of assessors under the |
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37 | 37 | | 7deed for the property and shall include a condominium unit. The exemption provided for herein |
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38 | 38 | | 8shall be in addition to any and all other exemptions allowed by the General Laws. 2 of 3 |
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39 | 39 | | 9 SECTION 3. The board of assessors may set a policy to deny an application if they find |
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40 | 40 | | 10the applicant has excessive assets that place them outside of the intended recipients of the senior |
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41 | 41 | | 11exemption created by this act. Real property shall qualify for the exemption under section 1 if all |
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42 | 42 | | 12of the following criteria are met: |
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43 | 43 | | 13 (a) The qualifying real property is owned and occupied by a person whose prior |
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44 | 44 | | 14year’s income would make the person eligible for the circuit breaker income tax credit under |
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45 | 45 | | 15section 6(k) of chapter 62 of the General Laws; |
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46 | 46 | | 16 (b) The qualifying real property is owned by a single applicant age 65 or older as of |
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47 | 47 | | 17July 1 of the applicable fiscal year or jointly by persons either of whom is age 65 or above as of |
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48 | 48 | | 18July 1 of the applicable fiscal year and if the joint applicant is 60 years of age or older; |
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49 | 49 | | 19 (c) The qualifying real property is owned and occupied by the applicant or joint |
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50 | 50 | | 20applicants as their domicile; |
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51 | 51 | | 21 (d) The applicant or at least 1 of the joint applicants has been domiciled and owned a |
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52 | 52 | | 22home in the Municipality for at least 10 consecutive years before filing an application for the |
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53 | 53 | | 23exemption; |
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54 | 54 | | 24 (e) The maximum assessed value of the domicile is no greater than the prior year’s |
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55 | 55 | | 25maximum assessed value for qualification for the circuit breaker income tax credit under Section |
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56 | 56 | | 266(k) of chapter 62 of the General Laws as adjusted annually by the Department of Revenue; and |
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57 | 57 | | 27 (f) Property taxes shall not be reduced to less than 11% of the circuit breaker income |
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58 | 58 | | 28and by more than 50 per cent by this exemption |
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59 | 59 | | 29 (g) The board of assessors has approved the application. 3 of 3 |
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60 | 60 | | 30 SECTION 4. The Select Board or Mayor shall annually set the exemption amount |
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61 | 61 | | 31provided for in section 1, provided that the amount of the exemption shall be within a range of |
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62 | 62 | | 32fifty per cent to two hundred per cent of the amount of the circuit breaker income tax credit |
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63 | 63 | | 33under section 6(k) of chapter 62 of the General Laws for which the applicant qualified for in the |
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64 | 64 | | 34previous year. The total amount exempted by this act shall be allocated proportionally within the |
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65 | 65 | | 35tax levy on all taxpayers and can not exceed 1% of the municipalities tax Levy. |
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66 | 66 | | 36 SECTION 5. A person who seeks to qualify for the exemption under section 1 shall, |
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67 | 67 | | 37before the deadline established by the board of assessors, file an application, on a form to be |
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68 | 68 | | 38adopted by the board of assessors, with the supporting documentation of the applicant’s income |
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69 | 69 | | 39and assets as described in the application. The application shall be filed each year for which the |
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70 | 70 | | 40applicant seeks the exemption. |
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71 | 71 | | 41 SECTION 6. No exemption shall be granted under this act until the Department of |
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72 | 72 | | 42Revenue certifies a residential tax rate for the applicable tax year where the total exemption |
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73 | 73 | | 43amount is raised by a burden shift within the tax levy. |
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