Section 8. If, at any time after any tax, assessment, rate or other charge has been committed to a collector such tax, assessment, rate or charge, or any interest thereon or costs relative thereto, remains unpaid and the commissioner is of the opinion that such tax, assessment, rate, charge, costs or interest should be abated, he may, in writing, authorize the assessors or the board or officer assessing such tax, assessment, rate or charge, to abate any part or the whole of such tax, assessment, rate, charge, costs or interest, whether or not the same is secured by a tax title held by the town. Whenever in the opinion of the commissioner, the assessors or the board or officer assessing a tax, assessment, rate or charge have made an obvious clerical error and such tax, assessment, rate or charge has been paid, the commissioner may, in writing, authorize the assessors or such board or officer to abate any part or the whole of such tax, assessment, rate or charge for a period not to exceed the three fiscal years preceding the year of the application to the commissioner; provided, however, that no interest shall be due in connection with any such abatement. The assessors or the board or officer aforesaid may thereupon make the abatement authorized and enter the same in their or his record of abatements, making reference in said record to such authorization as the cause or reason for the abatement. If there is more than one such tax, assessment, rate or charge, the abatement may be authorized and made either by items or by a sum total, stated in such written authorization. Whenever authority to abate is granted under this section, the commissioner shall forthwith give written notice of the grant of such authority to the collector, and, if the tax, assessment, rate, charge, costs, or interest involved is secured by a tax title held by the town, also to the treasurer.
The commissioner shall make and from time to time revise, rules, regulations and guidelines necessary for establishing an expedited procedure for granting authority to abate taxes, assessments, rates, charges, costs or interest under this section in such cases as the commissioner determines are in the public interest and shall from time to time for such periods as the commissioner considers appropriate authorize the assessors or the board or officer assessing the tax, assessment, rate or charge to grant these abatements. No abatement authorized by these procedures shall be granted unless the assessors or board or officer shall certify, in writing, under pains and penalties of perjury that the procedures have been followed. The commissioner shall require yearly reports and audits of these abatements by assessors or boards or officers that the commissioner considers necessary to ensure that any authority granted under this paragraph has been properly exercised and shall withdraw this grant of authority to the particular assessors, board or officer upon his written determination that the authority has been improperly exercised. The commissioner may make and from time to time revise, reasonable rules, regulations and guidelines that he considers necessary to carry out this paragraph.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 58 - General Provisions Relative to Taxation
Section 1 - Commissioner; Establishment of Minimum Standards of Assessment Performance
Section 1a - Commissioner; General Powers and Duties
Section 2 - Commissioner; Annual Lists to Board of Assessors; Classifications; Objections; Appeal
Section 3 - Commissioner; Assistance to Local Assessors
Section 4 - Noncompliance by Assessors
Section 4b - Compliance With Court Orders by Cities or Towns; Provision of Services by Commissioner
Section 4c - Costs of Services Provided by Commissioner
Section 5 - Notices and Lists; Instructing Assessors
Section 6 - Real Estate Values; Collecting Information
Section 7 - Unpaid Taxes; Obtaining Information; Affidavits
Section 8b - Reimbursement Claims by Cities and Towns; Filing; Time Limitation
Section 8c - Affordable Housing Sites; Abatement of Real Estate Tax Obligations
Section 9 - Proposed Equalized Valuation; Establishment
Section 10 - Determination of Equalized Valuation
Section 10a - Proposed Equalized Valuation; Notice and Hearing; Changes
Section 10b - Appeal to Appellate Tax Board
Section 10c - Final Equalization and Apportionment; Establishment; Report to General Court
Section 13 - Definitions Applicable to Secs. 13 to 17
Section 15 - Notification of Land Acquired or Disposed of by Commonwealth
Section 17 - Reimbursement of Municipalities Where State-Owned Land Located
Section 17b - Property Taken for Flood Control; Loss of Taxes; Reimbursement
Section 17c - Forest Products Trust Fund
Section 18b - Distribution of Highway Fund; Notification of Amount Required; Fractions
Section 18c - Distribution of Budgeted Aid to Cities and Towns
Section 20a - Deductions From Sums Payable to Cities and Towns
Section 25 - Amounts Due Municipalities; Determination; Payment
Section 25a - Amounts Due Municipalities; Annual Estimates
Section 25b - Proceeds of Cigarette Excise; Certification for Payment by Commissioner of Revenue
Section 28 - Annual Assessments for Deposits With State Treasurer; Trust Funds
Section 28a - Withholding Taxes; Internal Revenue Code of United States
Section 28b - Withholding Statements; Federal Taxes