HOUSE DOCKET, NO. 531        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3507

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kate Hogan

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish estate tax valuation for farms.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kate Hogan

3rd Middlesex

1/13/2015

Ann-Margaret Ferrante

5th Essex

12/30/2019

Leonard Mirra

2nd Essex

12/30/2019

Jennifer E. Benson

37th Middlesex

1/29/2015

John W. Scibak

2nd Hampshire

12/30/2019

Colleen M. Garry

36th Middlesex

12/30/2019

Stephen Kulik

1st Franklin

12/30/2019

Keiko M. Orrall

12th Bristol

12/30/2019

James B. Eldridge

Middlesex and Worcester

1/27/2015

Steven S. Howitt

4th Bristol

12/30/2019

Carolyn C. Dykema

8th Middlesex

12/30/2019

Sarah K. Peake

4th Barnstable

2/4/2015

Barbara A. L'Italien

Second Essex and Middlesex

12/30/2019

Chris Walsh

6th Middlesex

12/30/2019

Jay R. Kaufman

15th Middlesex

12/30/2019

Leah Cole

12th Essex

12/30/2019

Gailanne M. Cariddi

1st Berkshire

12/30/2019

William Smitty Pignatelli

4th Berkshire

12/30/2019

Michael O. Moore

Second Worcester

12/30/2019

Susan Williams Gifford

2nd Plymouth

12/30/2019


HOUSE DOCKET, NO. 531        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3507

By Ms. Hogan of Stow, a petition (accompanied by bill, House, No. 3507) of Kate Hogan and others for legislation to establish estate tax valuation for farms.  Revenue.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act to establish estate tax valuation for farms.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 5 of chapter 65C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following 2 subsections:-

(c) If the gross estate of a decedent includes real property devoted to use as a farm for farming purposes, the estate may elect to either value such property in accordance with section 2032A of the Code,  in effect on January 1, 1985 or, if the gross estate of a decedent includes real property devoted to use for closely held agricultural land, the value of such land shall be valued pursuant to the valuation set by the farmland valuation advisory commission established pursuant to section 11 of chapter 61A for the fiscal year of the most recent growing season. If a federal return is required to be filed the election under this subsection shall be consistent with the election made for federal estate tax purposes. All the substantive and procedural provisions of said section 2032A shall, insofar as pertinent and consistent, apply to the election made under this subsection. The commissioner shall promulgate regulations to carry out the provisions of this subsection and subsection (d).

(d) To qualify for valuation of closely held agricultural land pursuant to subsection (c) the land shall meet the definition set forth in chapters 61, 61A or  61B and section 1A of chapter 128; provided, however that the land need not be classified by the municipal assessors pursuant to said chapters 61, 61A and 61B.

Whenever the closely held agricultural land is valued and taxed as set forth in this section no longer meets the definition of section 2 of chapter 61, sections 1 or 2 of chapter 61A or section 1 of chapter 61B and section 1A of chapter 128, the land shall be subject to additional taxes, called rollback taxes, in the current tax year in which it is disqualified and in those years of the 9 immediately preceding tax years in which the land was so valued.