[Section impacted by 2020, 53, Sec. 10 effective April 3, 2020 relating to the extension of the due date for taxes in order to address disruptions caused by the outbreak of COVID-19.]
Section 59. A person upon whom a tax has been assessed or the personal representative of the estate of such person or the personal representative or trustee under the will of such person, if aggrieved by such tax, may, except as hereinafter otherwise provided, on or before the last day for payment, without incurring interest in accordance with the provisions of section fifty-seven or section fifty-seven C, of the first installment of the actual tax bill issued upon the establishment of the tax rate for the fiscal year to which the tax relates, apply in writing to the assessors, on a form approved by the commissioner, for an abatement thereof, and if they find him taxed at more than his just proportion or upon an improper classification, or upon an assessment of any of his property in excess of its fair cash value, they shall make a reasonable abatement; provided, however, that a person aggrieved by a tax assessed upon him under section seventy-five or section seventy-six or reassessed upon him under section seventy-seven may apply for such abatement at any time within three months after the bill or notice of such assessment or reassessment is first sent to him. A tenant of real estate paying rent therefor and under obligation to pay more than one-half of the taxes thereon may apply for such abatement. If a person other than the person to whom a tax on real estate is assessed is the owner thereof, or has an interest therein, or is in possession thereof, and pays the tax, he may thereafter prosecute in his own name any application, appeal or action provided by law for the abatement or recovery of such tax, which after the payment thereof shall be deemed for the purposes of such application, appeal or action, to have been assessed to the person so paying the same. The holder of a mortgage on real estate who has paid not less than .5 of the tax thereon may, during the last 10 days of the abatement period of the year to which the tax relates, apply in the manner above set forth for an abatement of such tax provided the person assessed has not previously applied for abatement of such tax, and thereupon the right of the person assessed to apply shall cease and determine. The holder of a mortgage so applying for abatement may thereafter prosecute any appeal or action provided by law for the abatement or recovery of such tax in the same manner and subject to the same conditions as a person aggrieved by a tax assessed upon him.
Notwithstanding any other provision of this section, a person who acquires title to real estate after January first in any year, shall for the purposes of this section be treated as a person upon whom a tax has been assessed.
An application for exemption under clause Seventeenth, Seventeenth C, Seventeenth C.5, Seventeenth D, Eighteenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Twenty-second F, Thirty-seventh, Thirty-seventh A, Forty-first, Forty-first B, Forty-first C, Forty-first C.5, Forty-second, Forty-third, Fifty-second, Fifty-third, Fifty-sixth and Fifty-seventh of section 5 may be made on or before April 1 of the year to which the tax relates, or within 3 months after the bill or notice of assessment was sent, whichever is later.
If any application for abatement of tax is, after the period or date prescribed by this section, delivered by United States mail, or by such alternative private delivery service as the commissioner of revenue may by regulation permit, to the assessors, the date of the United States postmark, or other substantiating date mark permitted by regulation of the commissioner of revenue, affixed on the envelope or other appropriate wrapper in which such application is mailed or delivered shall be deemed to be the date of delivery, if such application was mailed in the United States in an envelope or other appropriate wrapper, first class postage prepaid, or delivered to such alternative private delivery service, properly addressed to the assessors. As used in this section, ''United States postmark'' shall mean only a postmark made by the United States post office.
Notwithstanding the foregoing provisions, if the last day for making an application for abatement of tax falls on a Saturday, Sunday, legal holiday or day on which municipal offices are closed as authorized by charter, by-law, ordinance or otherwise for a weather-related or public safety emergency, the application may be made on the next day that a municipal office is open.
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