Be joint owner of the property with spouse, either of whom is 65 years or older or be 65 years of age or older and own property jointly or as a tenant in common with a person who is not his/her spouse
Reside in Massachusetts for the preceding 10 years
Own and occupy property in Massachusetts for 5 years, or be a surviving spouse who inherited the property and occupied the property in Massachusetts for 5 years, and otherwise qualifies
A Birth Certificate is necessary to prove age of applicant (Other acceptable forms of identification will be reviewed for acceptability)
Evidence of income (i.e. state and federal income tax returns)
Gross income cannot exceed $51,000 per year
Ordinary business expenses and losses may be deducted, but not personal and family expenses.
Special Notes for Clause 41A Applicants
A property owner may receive a Clause Exemption and also apply for Tax Deferral on all or a portion of the balance of taxes owed.
All taxes, including accrued interest must be paid in full when property is:
Upon demise of owner
Taxes may be deferred annually in whole or in part
Interest is accrued annually.
CPA tax can not be deferred
Net total amount of deferred taxes, including interest, cannot exceed 50% of the total assessed value of the property. If the total assessed value increases in a future tax year, the amount, which may be deferred, will also increase proportionately.
Example: If property is assessed at $100,000 the total deferred taxes and interest cannot exceed $50,000.
Applicant may defer only that percentage of taxes equal to the percentage of ownership
All owners/mortgagees must agree to the terms of the deferral by submitting a notarized Tax Deferral and Recovery Agreement (Form 97-1).
A Statement of Entry into Tax Deferral and Recovery Agreement (Form 97-2/99-2) will be executed by the Assessing Department upon approval of the application and filed at the Plymouth County Registry of Deeds.
A Tax Deferral Constitutes a Lien on Applicant's Property.