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By Mr. Eldridge of Acton, petition (accompanied by bill, House, No. 2893) of James B. Eldridge and others for legislation to further regulate property taxes of elderly persons. Revenue. |
The Commonwealth of Massachusetts
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PETITION OF:
John P. Fresolo
Michael E. Festa
James E. Timilty
Jennifer M. Callahan
Charles A. Murphy
Alice Hanlon Peisch
Elizabeth A. Malia
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 59 of the General Laws, is hereby amended by
inserting after section 5J the following section:
Section 5K. In any city or town which accepts the provisions of
this section, the real property of a person who has reached his
sixty-fifth birthday prior to the current taxable year, or if a person
owns the same jointly with his spouse, either of whom has
reached his sixty-fifth birthday prior to the current taxable year,
said person shall have the option to be taxed at the same amount
as he was taxed in the fiscal year immediately prior to reaching
his sixty-fifth birthday and for subsequent year thereafter, pro-
vided that the dwelling on said property is occupied by said
person as his domicile and provided further that such person or
persons had gross receipts from all sources of less than $40,000 in
current taxable year.
In computing the gross receipts of a person under this section
ordinary business expenses and losses may be deducted, but not
personal or family expenses and losses may be deducted, but not
personal or family expenses, and provided, further, that there shall
be deducted from the total amount received by the applicant under
the federal social security or railroad retirement and from any
annuity, pension, or retirement plan established for employees of
the United States government of any city, town, county or special
district, included in such gross receipts, an amount equivalent to
the minimum payment then payable under federal social security
law, as determined by the commissioner of revenue, to a retired
worker seventy years of age or over, if the applicant is unmarried,
or to a retired worker and spouse both of whom are sixty-five
years of age or older. Any person who elects to be taxed under the
provisions of this section shall not be eligible for any abatement
or deferral of taxes under the provisions of clause Forty-first,
Forty-first A, Forty-first B or Forty-first C of section Five.