Property Tax Deferral (Clause 41A)
Massachusetts General Law Chapter 59 Section 5 Clause 41A permits an elderly taxpayer age 65 and over to delay payment of property taxes which must be repaid to the community when the property is sold or upon the death of the taxpayer. Interest charges will accrue. To qualify a taxpayer must meet the following:
- Age - An individual must be 65 years or older as of July 1st of the tax year.
- Ownership and Domicile - an individual must own and occupy the subject property on July 1 of the tax year and must have been continuously domiciled in Massachusetts for the 10 years preceding the application and have owned and occupied the property or other property in Massachusetts for 5 years. The person may own this interest solely, as a joint owner or as a tenant in common. If ownership is joint or a tenancy in common with someone other than a spouse, the exemption amount is reduced to a portion equal to the person's ownership interest in the property. The holder of a life estate satisfies the ownership requirement. If the domicile is held in a trust, a person must be both a trustee (or co-trustee), and a beneficiary in the domicile through that trust
- Income - Gross annual income cannot exceed $93,000 in preceding year.
A qualified applicant may receive another exemption and may defer all or part of their annual tax obligation.
An applicant for an exemption must provide to the assessors whatever information is reasonably required to establish eligibility. This information may include, but not be limited to:
- Birth certificates
- Evidence of domicile and occupancy
Applications must be filed with the Assessors annually, no later than April 1. An applicant must provide to the assessors whatever information is reasonably required to establish eligibility.