Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2872 Compare Versions

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22 HOUSE DOCKET, NO. 2575 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2872
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kate Lipper-Garabedian
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act authorizing the establishment of a mean tested senior citizen property tax exemption.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/19/2023Jason M. LewisFifth Middlesex2/3/2023Steven Ultrino33rd Middlesex2/3/2023Smitty Pignatelli3rd Berkshire2/3/2023Brian W. Murray10th Worcester2/7/2023Rodney M. Elliott16th Middlesex2/7/2023Carol A. Doherty3rd Bristol2/7/2023David Allen Robertson19th Middlesex2/9/2023James C. Arena-DeRosa8th Middlesex2/9/2023Thomas M. Stanley9th Middlesex2/13/2023Paul McMurtry11th Norfolk2/22/2023James B. EldridgeMiddlesex and Worcester2/22/2023 1 of 3
1616 HOUSE DOCKET, NO. 2575 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2872
1818 By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
1919 2872) of Kate Lipper-Garabedian and others relative to authorizing the establishment of a means
2020 tested senior citizen property tax exemption. Revenue.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 3732 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act authorizing the establishment of a mean tested senior citizen property tax exemption.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. With respect to each qualifying parcel of real property classified as class
3232 2one, residential in the jurisdiction there shall be an exemption from property tax in an amount to
3333 3be annually by the local board of assessors as provided in section 3. The exemption shall be
3434 4applied to the domicile of the taxpayer only. For purposes of this act, ”parcel” shall be a unit of
3535 5real property as defined by the local board of assessors under the deed for the property and shall
3636 6include parcels defined as condominium units. The exemption provided for herein shall be in
3737 7addition to any and all other exemptions allowed by the General Laws.
3838 8 SECTION 2. Real property shall qualify for the exemption pursuant to section 1 if all of
3939 9the following criteria are met:- 2 of 3
4040 10 (1) The qualifying real property is owned and occupied by a person whose prior year’s
4141 11income made them eligible and did receive the circuit breaker income tax credit pursuant to
4242 12subsection (k) of section 6 of chapter 62 of the General Laws; (2) The qualifying real property is
4343 13owned by a single applicant age 65 or older at the close of the previous year or jointly by persons
4444 14either of whom is age 65 or above at the close of the previous year, if the joint applicant is 60
4545 15years or older; (3) The qualifying real property is owned and occupied by the applicant or joint
4646 16applicants as their domicile; (4) The applicant has had been domiciled and owned a home in the
4747 17jurisdiction for at least 10 consecutive years before filing an application for exemption; and (5)
4848 18The local board of assessors has approved the application.
4949 19 SECTION 3. The board of assessors shall annually set the exemption amount provided
5050 20for in section 1 provided that, the exemption amount is set at a rate of anywhere from one-half
5151 21but not to exceed twice the amount of a received senior circuit breaker income tax credit
5252 22pursuant to subsection (k) of section 6 of chapter 62 of the General Laws for which the applicant
5353 23qualified in the previous year. The total amount exempted by this act shall not exceed one
5454 24percent of the total tax levy and be allocated proportionally within the tax levy on all residential
5555 25taxpayers.
5656 26 SECTION 4. A person who seeks to qualify for the exemption pursuant to section 1
5757 27shall, before the deadline established by the board of assessors, file an application, on a form to
5858 28be adopted by the board of assessors, with the supporting documentation of the applicant’s
5959 29income and assets as described in the application. The application shall be filed each year for
6060 30which the applicant seeks the exemption. The board of assessors may deny an application for
6161 31exemption pursuant to section 1 if they find the applicant has excessive assets that place the
6262 32applicant outside the category of intended recipients of the senior exemption created by this act. 3 of 3
6363 33 SECTION 5. A person who seeks to qualify for the exemption pursuant to section 1, but
6464 34also receives a MGL 59 s 5 Clause 41A Tax Deferral, shall have their eligibility reviewed by the
6565 35board of assessors to determine the amount of circuit breaker credit.
6666 36 SECTION 6. No exemption shall be granted under this act until the department of
6767 37revenue certifies a residential tax rate for the applicable tax year where the total exemption
6868 38amount is raised by a burden shift within the residential tax levy.