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2 | 2 | | HOUSE DOCKET, NO. 3213 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3222 |
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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 | | David Allen Robertson |
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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 updating disabled veterans tax exemption totals. |
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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:David Allen Robertson19th Middlesex1/16/2025 1 of 8 |
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16 | 16 | | HOUSE DOCKET, NO. 3213 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3222 |
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18 | 18 | | By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 3222) |
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19 | 19 | | of David Allen Robertson relative to disabled veterans tax exemptions. Revenue. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 3042 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act updating disabled veterans tax exemption totals. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 22 of said chapter 59, as so appearing, is hereby amended by |
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31 | 31 | | 2striking out the twenty-second paragraph and inserting in place thereof the following paragraph:- |
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32 | 32 | | 3 Twenty-second, Real estate of the following classes of persons who are legal residents of |
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33 | 33 | | 4the commonwealth and who are veterans, as defined in clause Forty-third of section seven of |
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34 | 34 | | 5chapter four, and whose last discharge or release from the armed forces was under other than |
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35 | 35 | | 6dishonorable conditions and who were domiciled in Massachusetts for at least six months prior |
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36 | 36 | | 7to entering such service, or who have resided in the commonwealth for 2 consecutive years next |
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37 | 37 | | 8prior to date of filing for exemptions under this clause, hereinafter referred to in this clause as |
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38 | 38 | | 9soldiers and sailors, provided such real estate is occupied in whole or in part as his domicile by |
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39 | 39 | | 10such person, and provided, further that if the spouse of the soldier or sailor is also a soldier or 2 of 8 |
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40 | 40 | | 11sailor each shall receive the amount of exemption provided in this clause to the same extent as if |
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41 | 41 | | 12unmarried, to the amount of two thousand dollars of assessed taxable valuation or the sum of |
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42 | 42 | | 13$800, whichever would result in an abatement of the greater amount of actual taxes due. No real |
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43 | 43 | | 14estate shall be so exempt which the assessors shall adjudge has been conveyed to a soldier or |
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44 | 44 | | 15sailor or to the spouse, surviving spouse, father or mother of a soldier or sailor to evade taxation. |
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45 | 45 | | 16 SECTION 2: Section 22A of said chapter 59, as so appearing, is hereby amended by |
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46 | 46 | | 17striking out the twenty-second (A) paragraph and inserting in place thereof the following |
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47 | 47 | | 18paragraph:- |
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48 | 48 | | 19 Twenty-second A, Real estate of soldiers and sailors and their spouses who are legal |
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49 | 49 | | 20residents of the commonwealth and who are veterans, as defined in clause forty-three of section |
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50 | 50 | | 21seven of chapter four and whose last discharge or release from the armed forces was under other |
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51 | 51 | | 22than dishonorable conditions, and who were domiciled in Massachusetts for at least six months |
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52 | 52 | | 23prior to entering such service or who have resided in the commonwealth for 2 consecutive years |
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53 | 53 | | 24next prior to date of filing for exemption under this clause, who according to the records of the |
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54 | 54 | | 25Veterans Administration or of any branch of the armed forces of the United States by reason of |
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55 | 55 | | 26injury received or disease contracted while in such service and in the line of duty, lost or have |
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56 | 56 | | 27suffered permanent loss of use of one foot at or above the ankle or lost or have suffered |
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57 | 57 | | 28permanent loss of use of one hand at or above the wrist, or who according to the records of the |
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58 | 58 | | 29Veterans Administration by reason of injury received or disease contracted while in such service, |
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59 | 59 | | 30is receiving a statutory award from the Veterans Administration for such loss or loss of sight of |
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60 | 60 | | 31one eye, or who have been awarded the congressional medal of honor, the distinguished service |
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61 | 61 | | 32cross, the navy cross or the air force cross, or who is or was a prisoner of war, to the amount of |
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62 | 62 | | 33four thousand dollars of the taxable valuation of real property or the sum of $1500 whichever 3 of 8 |
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63 | 63 | | 34would result in an abatement of the greater amount, of actual taxes due, in the case of each |
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64 | 64 | | 35person, provided that such real estate is occupied as his domicile by such person, and provided, |
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65 | 65 | | 36further, that if said property be greater than a single family house, then only that value of so |
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66 | 66 | | 37much of said house as is occupied by said person as his domicile or a proportionate part of |
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67 | 67 | | 38$1500, whichever would result in an abatement of the greater amount of actual taxes due, shall |
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68 | 68 | | 39be exempted. After the assessors have allowed an exemption under this clause, no further |
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69 | 69 | | 40evidence of the existence of the facts required by this clause shall be required in any subsequent |
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70 | 70 | | 41year in the city or town in which the exemption has been granted; provided, however, that the |
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71 | 71 | | 42assessors may refuse to grant an exemption in any subsequent year if they become aware that the |
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72 | 72 | | 43soldier or sailor did not satisfy all of the requisites of this clause at the time the exemption was |
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73 | 73 | | 44first granted. An exemption under this clause shall continue unchanged for the benefit of the |
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74 | 74 | | 45surviving spouse after the death of such disabled veteran as long as the surviving spouse of the |
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75 | 75 | | 46qualified veteran shall remain an owner and occupant of a domicile subject to the exemption. For |
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76 | 76 | | 47the purposes of this section, the term ''prisoner of war'' shall mean a regularly appointed, |
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77 | 77 | | 48enrolled, enlisted or inducted member of the military forces of the United States who was |
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78 | 78 | | 49captured, separated and incarcerated by an enemy of the United States during an armed conflict. |
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79 | 79 | | 50 Two thousand dollars of this exemption or up to the sum of one hundred and seventy-five |
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80 | 80 | | 51dollars, whichever basis is applicable shall be borne by the city or town; the balance, up to two |
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81 | 81 | | 52thousand dollars of exemption or up to the sum of $575, whichever basis is applicable, shall be |
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82 | 82 | | 53borne by the commonwealth; and the state treasurer shall annually reimburse the city or town for |
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83 | 83 | | 54the amount of the tax which otherwise would have been collected on account of this balance. No |
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84 | 84 | | 55person who has received an exemption under this clause shall be denied the benefit of the |
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85 | 85 | | 56exemption because the person returns to active service. 4 of 8 |
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86 | 86 | | 57 SECTION 3: Section 22B of said chapter 59, as so appearing, is hereby amended by |
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87 | 87 | | 58striking out the twenty-second (B) paragraph and inserting in place thereof the following |
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88 | 88 | | 59paragraph:- |
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89 | 89 | | 60 Twenty-second B, Real estate of soldiers and sailors and their spouses who are legal |
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90 | 90 | | 61residents of the commonwealth and who are veterans, as defined in clause forty-three of section |
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91 | 91 | | 62seven of chapter four, and whose last discharge or release from the armed forces was under other |
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92 | 92 | | 63than dishonorable conditions, and who were domiciled in Massachusetts for at least six months |
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93 | 93 | | 64prior to entering such service, or who have resided in the commonwealth for 2 consecutive years |
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94 | 94 | | 65next prior to the date of filing for exemption under this clause, who according to the records of |
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95 | 95 | | 66the Veterans Administration or of any branch of the armed forces by reason of such service in |
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96 | 96 | | 67the armed forces of the United States have suffered in the line of duty the loss or permanent loss |
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97 | 97 | | 68of use of both feet at or above the ankle, or loss or permanent loss of use of both hands at or |
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98 | 98 | | 69above the wrist or loss or permanent loss of use of one foot at or above the ankle and one hand at |
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99 | 99 | | 70or above the wrist, or the loss of sight of both eyes as prescribed and certified by the Veterans |
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100 | 100 | | 71Administration to the amount of eight thousand dollars of the taxable valuation of real property |
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101 | 101 | | 72or the sum of 2,5000, whichever would result in an abatement of the greater amount of actual |
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102 | 102 | | 73taxes due, provided, that such real estate is occupied as his domicile by such person, and |
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103 | 103 | | 74provided, further, that if said property be greater than a single family house then only that value |
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104 | 104 | | 75of so much of said house as is occupied by said person as his domicile or a proportionate part of |
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105 | 105 | | 76$2,500 whichever would result in an abatement of the greater amount of actual taxes due, shall |
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106 | 106 | | 77be exempted. An exemption under this clause shall continue unchanged for the benefit of the |
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107 | 107 | | 78surviving spouse after the death of such disabled veteran, as long as the surviving spouse of the |
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108 | 108 | | 79qualified veteran shall remain an owner and occupant of a domicile subject to the exemption. 5 of 8 |
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109 | 109 | | 80 After the assessors have allowed an exemption under this clause, no further evidence of |
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110 | 110 | | 81the existence of the facts required by this clause shall be required in any subsequent year in the |
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111 | 111 | | 82city or town in which the exemption has been so allowed; provided, however, that the assessors |
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112 | 112 | | 83may refuse to allow an exemption in any subsequent year if they become aware that the soldier |
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113 | 113 | | 84or sailor did not satisfy all of the requisites of this clause at the time the exemption was first |
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114 | 114 | | 85granted. |
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115 | 115 | | 86 Two thousand dollars of this exemption or up to the sum of one hundred and seventy-five |
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116 | 116 | | 87dollars, whichever basis is applicable, shall be borne by the city or town; the balance up to six |
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117 | 117 | | 88thousand dollars of exemption or up to the sum of $1,075, whichever basis is applicable, shall be |
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118 | 118 | | 89borne by the commonwealth; and the state treasurer shall annually reimburse the city or town for |
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119 | 119 | | 90the amount of the tax which otherwise would have been collected on account of this balance. |
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120 | 120 | | 91 SECTION 4: Section 22C of said chapter 59, as so appearing, is hereby amended by |
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121 | 121 | | 92striking out the twenty-second (C) paragraph and inserting in place thereof the following |
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122 | 122 | | 93paragraph:- |
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123 | 123 | | 94 Twenty-second C, Real estate of soldiers and sailors and their spouses who are legal |
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124 | 124 | | 95residents of the commonwealth who are veterans, as defined in clause forty-three of section |
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125 | 125 | | 96seven of chapter four, and whose last discharge or release from the armed forces was under other |
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126 | 126 | | 97than dishonorable conditions, and who were domiciled in Massachusetts for at least six months |
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127 | 127 | | 98prior to entering such service, or who have resided in the commonwealth for 2 consecutive years |
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128 | 128 | | 99next prior to date of filing for exemption under this clause, and who according to the records of |
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129 | 129 | | 100the Veterans Administration by reason of such service in the armed forces of the United States |
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130 | 130 | | 101have suffered in the line of duty permanent and total disability, and who by reason of such 6 of 8 |
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131 | 131 | | 102disability have received assistance in acquiring ''specially adapted housing'' under laws |
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132 | 132 | | 103administered by the Veterans Administration to the amount of ten thousand dollars of the taxable |
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133 | 133 | | 104valuation of real property or the sum of $3,000, whichever would result in an abatement of the |
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134 | 134 | | 105greater amount of actual taxes due, provided, that such real estate is occupied as his domicile by |
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135 | 135 | | 106such person, and provided, further, that if said property be greater than a single family house |
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136 | 136 | | 107then only that value of so much of said house as is occupied by said person as his domicile or a |
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137 | 137 | | 108proportionate part of $3,000, whichever would result in an abatement of the greater amount of |
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138 | 138 | | 109actual taxes due, shall be exempted. An exemption under this clause shall continue unchanged |
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139 | 139 | | 110for the benefit of the surviving spouse after the death of such a disabled veteran, as long as the |
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140 | 140 | | 111surviving spouse of the qualified veteran shall remain an owner and occupant of a domicile |
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141 | 141 | | 112subject to the exemption. |
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142 | 142 | | 113 After the assessors have allowed an exemption under this clause, no further evidence of |
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143 | 143 | | 114the existence of the facts required by this clause shall be required in any subsequent year in the |
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144 | 144 | | 115city or town in which the exemption has been so allowed; provided, however, that the assessors |
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145 | 145 | | 116may refuse to allow an exemption in any subsequent year if they become aware that the soldier |
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146 | 146 | | 117or sailor did not satisfy all of the requisites of this clause at the time the exemption was first |
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147 | 147 | | 118granted. |
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148 | 148 | | 119 Two thousand dollars of this exemption or up to the sum of one hundred and seventy-five |
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149 | 149 | | 120dollars, whichever basis is applicable, shall be borne by the city or town; the balance up to eight |
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150 | 150 | | 121thousand dollars of exemption or up to the sum of $1,325, whichever basis is applicable, shall be |
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151 | 151 | | 122borne by the commonwealth; and the state treasurer shall annually reimburse the city or town for |
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152 | 152 | | 123the amount of the tax which otherwise would have been collected on account of this balance. 7 of 8 |
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153 | 153 | | 124 SECTION 5: Section 22E of said chapter 59, as so appearing, is hereby amended by |
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154 | 154 | | 125striking out the twenty-second (e) paragraph and inserting in place thereof the following |
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155 | 155 | | 126paragraph:- |
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156 | 156 | | 127 Twenty-second E, Real estate of soldiers and sailors and their spouses who are legal |
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157 | 157 | | 128residents of the commonwealth and who are veterans as defined in clause forty-three of section |
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158 | 158 | | 129seven of chapter four, and who, as a result of disabilities contracted while in such service and in |
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159 | 159 | | 130the line of duty, have a disability rating of one hundred per cent as determined by the Veterans |
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160 | 160 | | 131Administration, and who were domiciled in the commonwealth for at least six months prior to |
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161 | 161 | | 132entering such service, or who have resided in the commonwealth for 2 consecutive years next |
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162 | 162 | | 133prior to date of filing for exemption under this clause, to the amount of six thousand dollars of |
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163 | 163 | | 134the taxable valuation of real property or the sum of $2,000, whichever would result in an |
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164 | 164 | | 135abatement of the greater amount of actual taxes due, provided, that such real estate is occupied as |
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165 | 165 | | 136his domicile by such person; and provided further, that if said property be greater than a single- |
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166 | 166 | | 137family house, then only that value of so much of said house as is occupied by said person as his |
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167 | 167 | | 138domicile or a proportionate part of $2,000, whichever would result in an abatement of the greater |
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168 | 168 | | 139amount of actual taxes due, shall be exempted. An exemption under this clause shall continue |
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169 | 169 | | 140unchanged for the benefit of the surviving spouse after the death of such disabled veteran as long |
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170 | 170 | | 141as the surviving spouse of the qualified veteran shall remain an owner and occupant of a |
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171 | 171 | | 142domicile subject to the exemption. |
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172 | 172 | | 143 After the assessors have allowed an exemption under this clause, the assessors shall |
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173 | 173 | | 144require an annual statement certifying that the disability rating as determined by the Veterans |
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174 | 174 | | 145Administration has not been reduced to less than one hundred per cent. 8 of 8 |
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175 | 175 | | 146 No real estate shall be so exempt which the assessors shall adjudge has been conveyed to |
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176 | 176 | | 147such soldier or sailor to evade taxation. |
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177 | 177 | | 148 Two thousand dollars of this exemption or up to the sum of one hundred and seventy-five |
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178 | 178 | | 149dollars, whichever basis is applicable, shall be borne by the city or town; the balance, up to four |
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179 | 179 | | 150thousand dollars of exemption or up to the sum of $825, whichever basis is applicable, shall be |
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180 | 180 | | 151borne by the commonwealth; and the state treasurer shall annually reimburse the city or town for |
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181 | 181 | | 152the amount of the tax which otherwise would have been collected on account of this balance. |
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