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HOUSE DOCKET, NO. 1529 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2916
The Commonwealth of Massachusetts
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PRESENTED BY:
Sarah K. Peake
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the town of Provincetown to impose a 0.5% real estate transfer fee.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sarah K. Peake4th Barnstable1/11/2023 1 of 3
HOUSE DOCKET, NO. 1529 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2916
By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 2916) of
Sarah K. Peake (by vote of the town) that the town of Provincetown be authorized to impose a
real estate transfer fee. Revenue. [Local Approval Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3966 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Provincetown to impose a 0.5% real estate transfer fee.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. There is hereby imposed a real estate transfer fee equal to 0.5% (half
2percent, ½%) of the purchase price upon the transfer of any real property interest in any real
3property situated in the town of Provincetown. Said fee shall be the liability of the purchaser of
4such property interest, and any agreement between the purchaser and the seller or any other
5person with reference to the allocation of the responsibility for bearing said fee shall not affect
6such liability of the purchaser. The fee shall be paid to the town of Provincetown. The first
7$250,000 collected in each fiscal year shall be deposited in the town’s capital improvement
8stabilization fund. The remaining funds collected each fiscal year shall be deposited into the
9town’s general fund. 2 of 3
10 SECTION 2. The following transfers of real property interests shall be exempt from the
11real estate transfer fee:
12 A. First time homebuyers who live in the home for at least 5 years. A lien shall
13accompany the deed stating that “There is running with the land a lien equal to the amount of fee
14exempted, plus accumulated interest and penalties until such time as all conditions of this sub-
15section are met.”
16 B. Transfers to the government of the U.S., the commonwealth, the town of
17Provincetown and any of their instrumentalities, agencies or sub-divisions, such as the
18Provincetown housing authority.
19 C. Transfers made without additional consideration to confirm, correct, modify or
20supplement a transfer previously made.
21 D. Transfers of convenience with consideration under $100.00 which include: name
22change, into trusts, out of trust, etc.
23 E. Transfers to any charitable organization as defined in clause third of section five of
24chapter 59 of the General Laws or any religious organization providing that the real property
25interests so transferred will be held solely for public charitable or religious purposes.
26 F. Transfers between family members, marriage partners, parents and children,
27grandchildren, stepparents and stepchildren, brothers and sisters.
28 SECTION 3.
29 A. The fee imposed shall be due at the time of the transfer of the real property interest. 3 of 3
30 B. The buyer shall pay interest on any unpaid amount of the fee at the rate the town
31collects on unpaid real estate taxes.
32 C. The town shall notify a buyer by registered or certified mail of any failure to discharge
33the amount in full of fee due.
34 D. All fees and interest required to be paid under this act shall constitute a personal debt
35of the buyer and may be recovered in an action of contract;
36 SECTION 4. This act shall take effect on passage.