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2 | 2 | | SENATE DOCKET, NO. 1284 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1868 |
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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 | | Jason M. Lewis |
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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 authorizing the establishment of a mean 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 :Jason M. LewisFifth MiddlesexMichael O. MooreSecond Worcester2/15/2023Kate Lipper-Garabedian32nd Middlesex2/23/2023 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1284 FILED ON: 1/19/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1868 |
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18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1868) of Jason M. Lewis, Michael O. |
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19 | 19 | | Moore and Kate Lipper-Garabedian for legislation to authorize the establishment of a mean |
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20 | 20 | | tested senior citizen property tax exemption. Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 1916 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 authorizing the establishment of a mean 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. With respect to each qualifying parcel of real property classified as class |
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32 | 32 | | 2one, residential in the jurisdiction there shall be an exemption from property tax in an amount to |
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33 | 33 | | 3be annually by the local board of assessors as provided in section 3. The exemption shall be |
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34 | 34 | | 4applied to the domicile of the taxpayer only. For purposes of this act, ”parcel” shall be a unit of |
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35 | 35 | | 5real property as defined by the local board of assessors under the deed for the property and shall |
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36 | 36 | | 6include parcels defined as condominium units. The exemption provided for herein shall be in |
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37 | 37 | | 7addition to any and all other exemptions allowed by the General Laws. |
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38 | 38 | | 8 SECTION 2. Real property shall qualify for the exemption pursuant to section 1 if all of |
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39 | 39 | | 9the following criteria are met:- 2 of 3 |
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40 | 40 | | 10 (1) The qualifying real property is owned and occupied by a person whose prior year’s |
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41 | 41 | | 11income made them eligible and did receive the circuit breaker income tax credit pursuant to |
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42 | 42 | | 12subsection (k) of section 6 of chapter 62 of the General Laws; (2) The qualifying real property is |
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43 | 43 | | 13owned by a single applicant age 65 or older at the close of the previous year or jointly by persons |
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44 | 44 | | 14either of whom is age 65 or above at the close of the previous year, if the joint applicant is 60 |
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45 | 45 | | 15years or older; (3) The qualifying real property is owned and occupied by the applicant or joint |
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46 | 46 | | 16applicants as their domicile; (4) The applicant has had been domiciled and owned a home in the |
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47 | 47 | | 17jurisdiction for at least 10 consecutive years before filing an application for exemption; and (5) |
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48 | 48 | | 18The local board of assessors has approved the application. |
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49 | 49 | | 19 SECTION 3. The board of assessors shall annually set the exemption amount provided |
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50 | 50 | | 20for in section 1 provided that, the exemption amount is set at a rate of anywhere from one-half |
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51 | 51 | | 21but not to exceed twice the amount of a received senior circuit breaker income tax credit |
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52 | 52 | | 22pursuant to subsection (k) of section 6 of chapter 62 of the General Laws for which the applicant |
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53 | 53 | | 23qualified in the previous year. The total amount exempted by this act shall not exceed one |
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54 | 54 | | 24percent of the total tax levy and be allocated proportionally within the tax levy on all residential |
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55 | 55 | | 25taxpayers. |
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56 | 56 | | 26 SECTION 4. A person who seeks to qualify for the exemption pursuant to section 1 shall, |
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57 | 57 | | 27before the deadline established by the board of assessors, file an application, on a form to be |
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58 | 58 | | 28adopted by the board of assessors, with the supporting documentation of the applicant’s income |
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59 | 59 | | 29and assets as described in the application. The application shall be filed each year for which the |
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60 | 60 | | 30applicant seeks the exemption. The board of assessors may deny an application for exemption |
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61 | 61 | | 31pursuant to section 1 if they find the applicant has excessive assets that place the applicant |
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62 | 62 | | 32outside the category of intended recipients of the senior exemption created by this act. 3 of 3 |
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63 | 63 | | 33 SECTION 5. A person who seeks to qualify for the exemption pursuant to section 1, but |
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64 | 64 | | 34also receives a MGL 59 s 5 Clause 41A Tax Deferral, or who’s income prevents them from filing |
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65 | 65 | | 35State and Federal Income Taxes, shall have their eligibility reviewed by the board of assessors to |
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66 | 66 | | 36determine the amount of circuit breaker credit. |
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67 | 67 | | 37 SECTION 6. No exemption shall be granted under this act until the department of |
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68 | 68 | | 38revenue certifies a residential tax rate for the applicable tax year where the total exemption |
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69 | 69 | | 39amount is raised by a burden shift within the residential tax levy. |
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