Section 2B. Except as otherwise provided in section three E, real estate owned in fee or otherwise or held in trust for the benefit of the United States, the commonwealth, or a county, city or town, or any instrumentality thereof, if used in connection with a business conducted for profit or leased or occupied for other than public purposes, shall for the privilege of such use, lease or occupancy, be valued, classified, assessed and taxed annually as of January first to the user, lessee or occupant in the same manner and to the same extent as if such user, lessee or occupant were the owner thereof in fee, whether or not there is any agreement by such user, lessee or occupant to pay taxes assessed under this section; provided, however, that whenever under the constitution and laws of the United States the privilege of such use, lease or occupancy of real estate owned by the United States cannot be taxed as aforesaid, but a leasehold or other interest in such real estate or the ownership of or an interest in buildings and other things erected thereon or affixed thereto, may be taxed, such interest or ownership shall be valued, classified, assessed and taxed to the holder thereof to the extent permitted by such constitution and laws. Except as otherwise provided, a payment purporting to be in lieu of a local tax for a particular year on real estate subject to this section shall be applied in reduction of the tax assessed under this section for such year with respect to such real estate. Notwithstanding any contrary provision of section twelve C, unless there is a different agreement, no tax assessed under this section shall be retained out of rent or recovered under section twelve C.
No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any such tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such tax in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate.
This section shall not apply to a use, lease or occupancy which is reasonably necessary to the public purpose of a public airport, port facility, Massachusetts Turnpike, transit authority or park, which is available to the use of the general public or to easements, grants, licenses or rights of way of public utility companies; to the property of the United States, or any instrumentality thereof, for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed, in behalf of the United States or any instrumentality thereof; or to the property of the United States, or any instrumentality thereof, which is used by a manufacturing corporation so classified under chapter fifty-eight.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 59 - Assessment of Local Taxes
Section 2 - Property Subject to Taxation; Exceptions
Section 2a - Real Property; Mortgages; Classifications
Section 2b - Certain Types of Interest or Ownership Taxable; Liens; Public Purposes
Section 3b - Real Estate Acquired by Eminent Domain; Exceptions
Section 3f - Child Care Facilities; Classification as Property Used for Human Habitation
Section 4 - Property Taxable as Personal Estate
Section 5 - Property; Exemptions
Section 5b - Appeals; Eligibility for Exemption Under Sec. 5, Third Clause; Corporations or Trusts
Section 5c3/4 - Residential Exemption
Section 5e - Valuation of Land Held by City or Town in Another City or Town; Certification; Appeals
Section 5g - Payment to Cities or Towns for Property Held for Water Supply or Related Purposes
Section 5h - Payments to Municipalities for Certain Watershed Land; Difference in Assessment
Section 5i - Exemption; Conditions
Section 5j - Special Assessment Policy; Historic Owner-Occupied Residences
Section 5k - Property Tax Liability Reduced in Exchange for Volunteer Services; Persons Over Age 60
Section 5m - Exemption for Market Rate Units Contained in a Certified Housing Development Project
Section 5n - Reduction of Property Tax Obligation of Veteran in Exchange for Volunteer Services
Section 8 - Interstate, Foreign Trade or Fishing Ships or Vessels; Assessment; Abatement
Section 12 - Mortgaged Real Estate
Section 12a - Statement of Estate Liable to Taxation
Section 12b - Mortgagors and Mortgagees Deemed Joint Owners; Tax Bill
Section 12c - Taxes Paid by Tenant; Recovery From Landlord
Section 12d - Assessment Against Real Estate of Decedent; Liability of Heirs and Devisees
Section 12e - Assessment Against Real Estate of Decedent; Lien
Section 18 - Personal Property; Assessment
Section 19 - Mortgaged or Pledged Personal Property; Assessment
Section 20 - State Treasurer; Duties
Section 20a - Increase in Assessments
Section 21 - Assessors; Duties
Section 21a - Additional Compensation of Assessors for Courses of Study
Section 21a.5 - Certified Assessors; Compensation
Section 21b - Training Programs for Assessors
Section 21c - Limitations on Total Taxes Assessed; Determination by Voters
Section 23 - Annual Assessment; Amount; Deductions; Approval
Section 23a - Notice to Municipal Finance Officers
Section 23b - Notice of Abatements
Section 23d - Notice of Preliminary Tax
Section 24 - Railroad Subscriptions; Interest on Debts
Section 25 - Additional Assessments
Section 26 - Number of Assessments
Section 27 - Assessors' Neglect to Assess
Section 28 - Unpaid Taxes; Collection
Section 29 - Notice of Assessments; Lists
Section 31 - Verification of Lists; Oaths
Section 32 - Inspection of Lists
Section 33 - Storage Warehouses; Information Regarding Customers
Section 34 - Mortgagors and Mortgagees; Statements
Section 36 - Failure to Furnish Lists; Estimating Value
Section 37 - Conclusiveness of Estimate
Section 38 - Fair Cash Valuation; Classification of Assessed Valuation; Taxable Valuation
Section 38a - Pipelines; Valuation; Exceptions
Section 38d - Written Return of Information to Determine Valuation of Real Property
Section 38f - Written Return of Information to Determine Valuation of Personal Property
Section 38g - Testimony Under Oath Concerning Written Return Filed Under Sec. 38f
Section 39 - Telephone and Telegraph Companies; Valuation of Machinery, Poles, Wires, Etc.
Section 40 - Telephone and Telegraph Companies; Assessors; Informing Commissioners
Section 41 - Telephone and Telegraph Companies; Returns
Section 42 - Telephone and Telegraph Companies; Failure to Make Returns
Section 43 - Valuation and Assessment Books; Public Inspection
Section 45 - Books and Records of Assessors Furnished by Municipalities; Electronic Format
Section 50 - Required Books or Records of Assessors; Explanatory Notes
Section 51 - Exempted Property; Entries on Valuation Lists
Section 52 - Valuation Lists; Statement of Assessors; Penalties
Section 52a - Plans Showing Boundaries in City or Town; Delivery to Court
Section 52b - Official Inspection of Valuation Information, Release of Comparable Sales Data
Section 52c - Public Access to Terminals or Other Data Processing Equipment
Section 53 - Tax Lists; Commitment; Warrants; Collector of Taxes
Section 54 - Tax Lists; Form; Contents
Section 55 - Warrants; Form; Contents
Section 56 - Lost or Destroyed Warrants
Section 57 - Bills for Taxes; Due Date; Interest; Amounts Overdue; Date of Delivery for Payment
Section 57a - Unpaid Taxes Not in Excess of One Hundred Dollars; Interest
Section 57d - Affidavit of Address
Section 58 - Discounts on Taxes
Section 58a - Minimum Abatement or Refund of Property Tax
Section 60 - Records of Abatements
Section 61 - Conditions of Abatement
Section 61a - Discovery; Failure to Comply
Section 62 - Costs; Prepayment
Section 63 - Notice of Decision
Section 64 - Appeals; County Commissioners; Appellate Tax Board
Section 65 - Appeals; Appellate Tax Board
Section 65a - Sale or Taking Real Property for Taxes; Effect Upon Abatement
Section 65b - Appeals; Inability to Pay Balance of Tax
Section 65d - Mistake in Payments; Appeal; Abatement
Section 69 - Reimbursement; Interest
Section 70 - Certificate of Abatement
Section 70a - Procedure After Abatement
Section 71 - Uncollectible Taxes; Abatement
Section 72a - Unpaid Real Estate Taxes; Abatement
Section 74 - Corporations Liable to Franchise Taxes; Abatement of Local Taxes; Notice
Section 75 - Omitted Property; Assessments
Section 76 - Revision of Valuation or Classification
Section 78 - Collection of Reassessed Taxes
Section 78a - Real Estate Divided After Assessment; Apportionment of Tax
Section 81 - Appeal From Apportionment
Section 82 - Validity of Excessive Assessments
Section 83 - Corporations Having Capital Stock Divided Into Shares; Returns by Assessors
Section 86 - Exempted Property; Returns by Assessors
Section 87 - Responsibility of Assessors
Section 89 - Compromise Assessments; Penalties
Section 90 - Evasion of Taxation; Penalties
Section 91 - Fraudulent Lists; Penalties
Section 92 - Taverns and Boarding Houses; Refusing Information; Penalties