AN ACT AUTHORIZING THE TOWN OF WAKEFIELD TO ESTABLISH A MEANS TESTED SENIOR CITIZEN PROPERTY TAX EXEMPTION
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the department of children and families, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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. With respect to each qualifying parcel of real property classified as Class One, residential in the town of Wakefield there shall be an exemption from the property tax in an amount to be set annually by the board of assessors of the town of Wakefield as provided in section 3. The exemption shall be applied to the domicile of the taxpayer only. For the purposes of this act, "parcel" shall mean a unit of real property as defined by the board of assessors under the deed for the property and shall include a condominium unit. The exemption provided for herein shall be in addition to any other exemption allowed by the General Laws.
SECTION 2. The board of assessors may deny an application if they find the applicant has excessive assets that place the applicant outside the category of intended recipients of the exemption created by this act. Real property shall qualify for the exemption under this act if: (i) the qualifying real property is owned and occupied by a person whose prior year's income would make the person eligible for the circuit breaker income tax credit under subsection (k) of section 6 of chapter 62 of the General Laws; (ii) the qualifying real property is owned by a single applicant: age 65 or older at the close of the previous year or jointly by persons either of whom is age 65 or older at the close of the previous year, if the joint applicant is 60 years of age or older; (iii) the qualifying real property is owned and occupied by the applicant or joint applicants as their domicile; (iv) the applicant or at least 1 of the joint applicants has been domiciled and owned a home in the town of Wakefield for not less than 10 consecutive years before filing an application for the exemption; (v) the assessed value of the domicile is no greater than the prior year's maximum assessed value for qualification for the circuit breaker income tax credit under said subsection (k) of said section 6 of said chapter 62 as adjusted annually by the department of revenue; and (vi) the board of assessors has approved the application.
SECTION 3. The board of assessors shall annually set the exemption amount provided for in this act; provided, however, that the amount of the exemption shall be between 100 per cent and 150 per cent of the amount of the circuit breaker income tax credit under subsection (k) of section 6 of chapter 62 of the General Laws for which the applicant qualified in the previous year as determined by the board of assessors. The total amount exempted by this act shall be allocated proportionally within the tax levy on all residential taxpayers.
SECTION 4. A person who seeks to qualify for the exemption under this act shall, before the deadline established by the board of assessors, file an application, on a form to be adopted by the board of assessors, with the supporting documentation of the applicant's income and assets as described in the application. The application shall be filed each year for which the applicant seeks the exemption.
SECTION 5. No exemption shall be granted under this act until the department of revenue certifies a residential tax rate for the applicable tax year where the total exemption amount is raised by a burden shift within the residential tax levy.
SECTION 6. This exemption provided for in this act shall expire after 3 years of implementation of the exemption.
SECTION 7. This act shall take effect upon its passage.
Approved, June 29, 2023.