Welcome to 2009!
Along with the New Year comes the tax bill for the current fiscal year and the assessment of your property value.
A number of people have contacted me with questions about their property assessment evaluation which in some cases increased higher than the prior year. This was confusing to many with all the newsmedia about declining property values.
So I am writing this to help people learn about the abatement procedure.
The tax assessment for the 2009 fiscal year is based on property values as
of January 1 2008 which were determined from 2007 sale transactions.
Property sale prices in Beverly, Boxford, Danvers, Essex, Gloucester, Georgetown, Hamilton, Ipswich, Manchester,Marblehead, Peabody, Rockport, Rowley, Salem, Swampscott,Topsfield ,Wenham and other North Shore communities have declined variably by town, neighborhood and type of property ( single family , condo, multifamily etc) in 2007 and more in 2008.
Only the 2007 sales can be used by the assessors for fiscal 2009.
Taxpayers can submit a request for a hearing with the assessor to review and to dispute the property assessment value.
You would be filing for an abatement of tax.
You only have one time a year you can file and it is NOW before the tax due by February!!!! There is no exception to the deadline.
The fiscal year for government by Massachusetts statute runs
from July 1, 2008 to June 1, 2009.
Real Estate Tax payments are due quarterly- August 1, Nov 1, Feb 1, and May 1.
The bill that is issued Dec 31 is the one in which the state of Massachusetts has approved the property assessments and tax rate set by the municipality. The taxpayer has before the date this payment is DUE to complete and submit an abatement form.
Again this is the only time window for applying for an abatemett in any fiscal year.
The assessor office can help you complete the information part of the application- some of it is right on your tax bill.
Proof for supporting your reasons for abatement of tax are the taxpayers responsibility .
If you need information about property sold prices in your specific area, with advance notice I will assist you in obtaining information.
Please contact me at 978-882-4146 or email FrancineRealEstate@comcast.net
Where to get Application? Applications with filing procedure information are available at each town or city Assessor’s office. The form is the same for all communities as provided by the Commonwealth of Massachusetts.
You can access and download a copy at: http://www.mass.gov/Ador/docs/dls/publ/forms/abatement.PDF
YOU MUST STILL PAY ALL YOUR TAXES DUE ON TIME
IF YOU FILE FOR AN ABATEMENT TO BE ELIGIBLE FOR AN ABATEMENT HEARING!
Please read the following information to get more detail information or discuss with your local assessor.
TAXPAYER INFORMATION ABOUT ABATEMENT PROCEDURE
Source: Application Abatement State Form 128
REASONS FOR AN ABATEMENT. An abatement is a reduction in the tax assessed on your property for the fiscal year. To dispute your valuation or assessment or to correct any other billing problem or error that caused your tax bill to be higher than it should be, you must apply for an abatement.
You may apply for an abatement if your property is:
1) overvalued (assessed value is more than fair cash value on January 1 for any reason, including
clerical and data processing errors or assessment of property that is non-existent or not taxable to you),
2) disproportionately assessed in comparison with other properties,
3) classified incorrectly as residential, open space, commercial or industrial real property, or
4) partially or fully exempt.
WHO MAY FILE AN APPLICATION. You may file an application if you are:
· the assessed or subsequent (acquiring title after January 1) owner of the property,
· the owner’s administrator or executor,
· a tenant paying rent who is obligated to pay more than one-half of the tax,
· a person owning or having an interest or possession of the property, or
· a mortgagee if the assessed owner has not applied.
In some cases, you must pay all or a portion of the tax before you can file.
WHERE TO OBTAIN AN APPLICATION. Applications are available at each town or city Assessor’s office.
The form is the same for all communities as provided by the Commonwealth of Massachusetts.
You can access and download a copy at: http://www.mass.gov/Ador/docs/dls/publ/forms/abatement.PDF
WHEN AND WHERE APPLICATION MUST BE FILED. Your application must be filed with the board of assessors on or before the date the first installment payment of the actual tax bill mailed for the fiscal year is due, unless you are a mortgagee. If so, your application must be filed between September 20 and October 1.
Actual tax bills are those issued after the tax rate is set.
Applications filed for omitted, revised or reassessed taxes must be filed within 3 months of the date the bill for those taxes was mailed.
THESE DEADLINES CANNOT BE EXTENDED OR WAIVED BY THE ASSESSORS
FOR ANY REASON. IF YOUR APPLICATION IS NOT TIMELY FILED, YOU LOSE ALL RIGHTS TO AN ABATEMENT AND THE ASSESSORS CANNOT BY LAW GRANT YOU ONE.
TO BE TIMELY FILED, YOUR APPLICATION MUST BE (1) RECEIVED BY THE ASSESSORS ON OR
BEFORE THE FILING DEADLINE OR
(2) MAILED BY UNITED STATES MAIL, FIRST CLASS POSTAGE PREPAID, TO THE PROPER ADDRESS OF
THE ASSESSORS ON OR BEFORE THE FILING DEADLINE AS SHOWN BY A POSTMARK MADE BY THE UNITED STATES POSTAL SERVICE.
PAYMENT OF TAX. Filing an application does not stay the collection of your taxes. In some cases, you must pay the tax when due to appeal the assessors’ disposition of your application.
Failure to pay the tax assessed when due may also subject you to interest charges and collection action. To
avoid any loss of rights or additional charges, you should pay the tax as assessed. If an abatement is granted and you have already paid the entire year’s tax as abated, you will receive a refund of any overpayment.
ASSESSORS DISPOSITION. Upon applying for an abatement, you may be asked to provide the assessors with written information about the property
and permit them to inspect it. Failure to provide the information or permit an inspection within 30 days of the request may result in the loss of your
appeal rights.
The assessors have 3 months from the date your application is filed to act unless you agree in writing before that period expires to extend it for a specific
time. If the assessors do not act on your application within the original or extended period, it is deemed denied. You will be notified in writing whether
an abatement has been granted or denied.
APPEAL. You may appeal the disposition of your application. The disposition notice will provide you with further information about the appeal
procedure and deadline.
I hope this has been helpful to understand applying for a real estate tax abatement.
If you have further questions , please contact me.
Francine Cecieta
www.CoastAndCountryRealEstate.com
office/fax: 978-882-4146
cell 978-808-0704
email: FrancineRealEstate@comcast.net
Keller Williams Realty