Amendment ID: S2901-2

Amendment 2

Utility Cost Adjustments in the Senior Circuit Breaker Credit

Messrs. Tarr, Montigny and Collins move that the proposed new draft be amended by inserting after section _ the following sections:-

"SECTION_. Section 6 of chapter 62 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking the definition of 'Real estate tax payment' as appearing in lines 391 through 410, inclusive, and inserting in place thereof the following:–

'Real estate tax payment', the real estate tax levied pursuant to chapter 59 on the taxpayer's residence and actually paid by the taxpayer during the taxable year, including water and sewer debt service charges assessed pursuant to subsection (n) of section 21C of chapter 59, exclusive of special assessments and delinquent interest, and less any abatement granted. For owners of residential property located in communities which have not exercised the option to assess water or sewer debt service charges pursuant to subsection (n) of section 21C of chapter 59, the real estate tax payment to be considered for purposes of calculating this credit shall also include 50 per cent of the owner's water and sewer charges actually paid in the taxable year for which the credit is sought, as well as 50 per cent of the owner’s home energy utility bills actually paid in the taxable year for which the credit is sought. In the case of a multi-unit dwelling, a land area in excess of one acre or a multi-purpose building or land area, the real estate tax payment, including the water and sewer charges as applicable, shall constitute that portion of the real estate tax levied and paid, and that portion of applicable water and sewer charges actually paid, on the entire building or area, which corresponds to the portion of the area or building used and occupied as the residence of the taxpayer, in accordance with procedures established by the commissioner."

SECTION _. Said section 6 of said chapter 62 is hereby further amended by striking the definition of “Rent constituting real estate tax payment” as appearing in lines 411 through 414, inclusive, and inserting in place thereof the following:–

'Rent constituting real estate tax payment', 25 per cent of the rent actually paid by the taxpayer, under a good faith rental agreement, for the right of occupancy of the residence during the taxable year or a portion thereof, as well as 50 per cent of the home energy utility bills actually paid by the taxpayer, under a good faith rental agreement, for the right of occupancy of the residence during the taxable year or a portion thereof."

SECTION _. Said section 6 of said chapter 62 is hereby further amended by inserting after the definition of “Head of household” the following paragraph:–

'Real estate tax payment', the real estate tax levied pursuant to chapter 59 on the taxpayer's residence and actually paid by the taxpayer during the taxable year, including water and sewer debt service charges assessed pursuant to subsection (n) of section 21C of chapter 59, exclusive of special assessments and delinquent interest, and less any abatement granted. For owners of residential property located in communities which have not exercised the option to assess water or sewer debt service charges pursuant to subsection (n) of section 21C of chapter 59, the real estate tax payment to be considered for purposes of calculating this credit shall also include 50 per cent of the owner's water and sewer charges actually paid in the taxable year for which the credit is sought. In the case of a multi-unit dwelling, a land area in excess of one acre or a multi-purpose building or land area, the real estate tax payment, including the water and sewer charges as applicable, shall constitute that portion of the real estate tax levied and paid, and that portion of applicable water and sewer charges actually paid, on the entire building or area, which corresponds to the portion of the area or building used and occupied as the residence of the taxpayer, in accordance with procedures established by the commissioner."

SECTION _. Said section 6 of said chapter 62 is hereby further amended by inserting after the definition of “Real estate tax payment” the following paragraph:–

'Rent constituting real estate tax payment', 25 per cent of the rent actually paid by the taxpayer, under a good faith rental agreement, for the right of occupancy of the residence during the taxable year or a portion thereof."