Matters ▸ Attachment
Accept c 59 s 5C — File 197690
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Section 5C. With respect to each parcel of real property classified as Class One,
residential, in each city or town certified by the commissioner to be assessing all
property at its full and fair cash valuation, and at the option of the board of selectmen
or mayor, with the approval of the city council, as the case may be, there shall be an
exemption equal to not more than twenty per cent of the average assessed value of all
Class One, residential, parcels within such city or town; provided, however, that such
an exemption shall be applied only to the principal residence of a taxpayer as used by
the taxpayer for income tax purposes. This exemption shall be in addition to any
exemptions allowable under section five; provided, however, that in no instance shall
the taxable valuation of such property after all applicable exemptions be reduced
below ten per cent of its full and fair cash valuation, except through the applicability of
section eight A of chapter fifty-eight and of clause Eighteenth of section five. Where,
under the provisions of section five, the exemption is based upon an amount of tax
rather than on valuation, the reduction of taxable valuation for purposes of the
preceding sentence shall be computed by dividing the said amount of tax by the
residential class tax rate of the city or town and multiplying the result by one thousand
dollars. For purposes of this paragraph, “parcel” shall mean a unit of real property as
defined by the assessors in accordance with the deed for such property and shall
include a condominium unit.
In those cities and towns in which an exemption is made available hereunder, a
taxpayer aggrieved by the failure to receive such residential exemption may apply for
such residential exemption to the assessors, in writing, on a form approved by the
commissioner within three months after the date on which the bill or notice of
assessment was sent.
A timely application filed hereunder shall, for the purposes of this chapter, be treated
as a timely filed application pursuant to section fifty-nine.
PART I
TITLE IX
CHAPTER 59
Section 5C
ADMINISTRATION OF THE GOVERNMENT
TAXATION
ASSESSMENT OF LOCAL TAXES
Exemptions for residential real property in cities or towns assessing at full and fair
cash valuation
For purposes of this section, with respect to real property owned by a cooperative
corporation, as defined in section 4 of chapter 157B, that portion which is occupied by
a member pursuant to a proprietary lease as such member’s domicile and is used as
such member’s principal residence for income tax purposes shall be deemed to be
real property owned by such member for purposes of this section, provided that the
portion of the real estate is represented by the member’s share or shares of stock in
the cooperative corporation and the percentage of such portion to the whole is the
percentage of such member’s shares in the cooperative corporation to the total
outstanding stock of the corporation, including shares owned by the corporation. Such
portion of such real property shall be eligible for exemption from taxation pursuant to
this section if such member meets all requirements for such exemption. Any
exemption so provided shall reduce the taxable valuation of the real property owned
by the cooperative corporation; provided, however, that the reduction in taxes realized
thereby shall be credited by the cooperative corporation against the amount of such
taxes otherwise payable by or chargeable to such member. Nothing in this paragraph
shall be construed to affect the tax status of any manufactured home or mobile home
under this chapter, but shall apply to the land on which such manufactured home or
mobile home is located if all other requirements of this paragraph are met. This
paragraph shall take effect in a city or town upon its acceptance by the city or town.