Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2096 Compare Versions

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22 SENATE DOCKET, NO. 1120 FILED ON: 1/15/2025
33 SENATE . . . . . . . . . . . . . . No. 2096
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John C. Velis
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 relative to the establishment of a means tested senior citizen property tax exemption.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :John C. VelisHampden and HampshireSal N. DiDomenicoMiddlesex and Suffolk2/26/2025Michael O. MooreSecond Worcester3/6/2025 1 of 4
1616 SENATE DOCKET, NO. 1120 FILED ON: 1/15/2025
1717 SENATE . . . . . . . . . . . . . . No. 2096
1818 By Mr. Velis, a petition (accompanied by bill, Senate, No. 2096) of John C. Velis, Sal N.
1919 DiDomenico and Michael O. Moore for legislation to establish a means tested senior citizen
2020 property tax exemption. Revenue.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 1894 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to the establishment of a means 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. Section 5 of chapter 59 of the General Laws, as appearing in the 2020
3232 2Official Edition, is hereby amended by inserting after the word “household”, in line 1124, the
3333 3following words:- or $80,000, whichever is greater.
3434 4 SECTION 2. Said chapter 59 is hereby further amended by inserting after section 5N the
3535 5following section:-
3636 6 Section 5O. (a) As used in this section, the following words shall have the following
3737 7meanings:-
3838 8 “Parcel”, a unit of real property as defined by the assessors of the city or town under the
3939 9deed for the property, including a condominium unit. 2 of 4
4040 10 “Income”, taxpayer’s total income for the purposes of the circuit breaker income tax
4141 11credit, as defined in paragraph (1) of subsection (k) of section 6 of chapter 62.
4242 12 (b) In any city or town that accepts the provisions of this section, with respect to each
4343 13qualifying parcel of real property classified as Class one, residential there shall be an exemption
4444 14from the property tax equal to the total amount of tax that would otherwise be assessed without
4545 15this exemption less the sum of: (i) 10 per cent of income, or such other percentage of income as
4646 16determined under subsection (d); and (ii) the circuit breaker income tax credit under subsection
4747 17(k) of section 6 of chapter 62 the applicant was eligible to receive in the year prior to the
4848 18application being filed. In no event shall property taxes be reduced by more than 50 per cent by
4949 19this exemption.
5050 20 (c) The board of assessors may deny an application for an exemption pursuant to this
5151 21section if they find the applicant has excessive assets that place them outside of the intended
5252 22recipients of the senior exemption created by this section. Real property shall qualify for the
5353 23exemption under subsection (b) if all of the following criteria are met:
5454 24 (1) the real property is owned and occupied by a person whose prior year’s income did
5555 25not exceed the income limit established in clause (i) of paragraph (3) of subsection (k) of section
5656 266 of chapter 62 and adjusted pursuant to paragraph (4) of subsection (k) of section 6 of chapter
5757 2762 for the prior year, whichever such income limit applies to the individual’s filing status;
5858 28 (2) the real property is owned by a single applicant age 65 or older at the close of the
5959 29previous year or jointly by persons either of whom is age 65 or above at the close of the previous
6060 30year and if the joint applicant is 60 years of age or older; 3 of 4
6161 31 (3) the real property is owned and occupied by the applicant or joint applicants as their
6262 32domicile;
6363 33 (4) the applicant or at least 1 of the joint applicants has been domiciled in the city or town
6464 34for at least 10 consecutive years before filing an application for the exemption;
6565 35 (5) the maximum assessed value of the domicile does not exceed (i) the prior year’s
6666 36average assessed value of a single family residence for the city or town plus 10 per cent; and (ii)
6767 37the valuation limit established in clause (ii) of paragraph (3) of subsection (k) of section 6 of
6868 38chapter 62 and adjusted pursuant to paragraph (4) of said subsection (k) of said section 6 of said
6969 39chapter 62 for the prior year; and
7070 40 (6) the board of assessors has approved the application.
7171 41 (d) The exemption under subsection (b) shall be in addition to any other exemption
7272 42allowable under the General Laws; provided, however that there shall be a dollar cap on all the
7373 43exemptions granted pursuant to this section equal to .5 per cent of the fiscal year’s total
7474 44residential property tax levy for the city or town, including the levy for any regional high school
7575 45if not included in the city’s or town’s tax levy at some subsequent date with the total exemption
7676 46amount granted by this section allocated proportionally within the tax levy on all residential
7777 47taxpayers. After the first year of such exemption, the total cap on the exemptions granted
7878 48pursuant to this section shall be set annually by the board of selectmen, in the case of a town, the
7979 49city manager, in the case of a city under a Plan E form of government, or the city council, in the
8080 50case of all other cities, within a range of .5 to 1 per cent of the residential property tax levy for
8181 51the city or town, including the levy for any regional high school. In the event that benefits to the
8282 52applicants may be limited because the percentage established annually by the selectmen, city 4 of 4
8383 53manager or city council would otherwise be exceeded, the benefits shall be allocated by raising
8484 54the income percentage as required in subsection (b) as necessary to not exceed the cap. In the
8585 55event the cap exceeds the need for the exemption, the total cap on the exemptions granted by this
8686 56section shall be reduced to meet the need.
8787 57 (e) A person who seeks to qualify for the exemption under subsection (b) shall, before the
8888 58deadline established by the board of assessors, file an application, on a form to be adopted by the
8989 59board of assessors, with the supporting documentation of the applicant’s income and assets as
9090 60described in the application. The application shall be filed each year for which the applicant
9191 61seeks the exemption.
9292 62 (f) No exemption shall be granted under this section until the department of revenue
9393 63certifies a residential tax rate for the applicable tax year where the total exemption amount is
9494 64raised by a burden shift within the residential tax levy.
9595 65 (g) The exemption under this section shall expire every three years after its acceptance or
9696 66re-acceptance; provided, however, that a city or town which has accepted this section may re-
9797 67accept this section for additional 3-year intervals by a vote of the legislative body of said city or
9898 68town.