Clause 41C

(Elderly)

Table Of Contents

~*~

Own As Of July 1

Domicile As of July 1

Age As Of July 1

Income Requirements

Personal Estate Requirements

Filing Date

Co-Owners

Multiple Owners

Property In Trust

Life Estate

Back to Main Table of Contents

~*~

Own As Of July 1 - Applicant must own property as of July 1. In addition they must have owned real estate in Massachusetts for 5 years or be the surviving spouse of a person.

Back to Table Of Contents

Domicile As Of July 1 - Property must be applicant’s domicile as of July 1. They must also have lived in Massachusetts for the preceding ten years.

Back to Table Of Contents

Age As Of July 1 - The applicant must be 70 years of age as of July 1.

Back to Table Of Contents

Income Requirements - Gross receipts from all sources must be less than $13,000 if single and $15,000 if married.

Back to Table Of Contents

Personal Estate Requirements - Total value of owner occupied domicile, including up to a 3-unit building, is exempt. Total value of estate, real and personal, including value of any portion of domicile over 3 units, which produces income, cannot exceed $28,000 if single or if married cannot exceed $30,000.

Back to Table Of Contents

Filing Date - December 15th or within three months if the tax bill was issued after September 15th.

Back to Table Of Contents

Co-Owners - Both owners must qualify with regard to income and assets. You do not combine the income and assets, they are figured individually. If both owners qualify, then the applicant receives $250 or 1/2 of the exemption. Co-owner does not include husband and wife.

Back to Table Of Contents

Multiple Owners - All owners must qualify with regard to income and assets. You do not combine the income and assets, they are figured individually. If all owners qualify, then the applicant receives their percentage of the legal interest in the property. (e.g. 3 owners - $166.67, 4 owners - $125.00). If there are three or more owners, the applicant would receive more of an exemption if they filed and qualified under Clause 17D and received $175.00.

Back to Table Of Contents

Property In Trust - A property held in trust with multiple trustees other than the applicant’s spouse, each co-trustee must satisfy the annual income and whole estate requirements. In addition the applicant must be both trustee or co-trustee and listed as a beneficiary. If all trustees qualify individually for both the income and whole estate requirements then the applicant would receive the percentage of the exemption as it relates to the percentage of their legal interest in the property. (e.g. 2 trustees - $250.00, 3 trustees - $166.67, 4 trustees - $125.00) As in multiple owners, if there are 3 or more trustees the applicant would receive more of an exemption if they filed and qualified under Clause 17D and received $175.

Back to Table Of Contents

Life Estate - If the applicant has retained a LIFE ESTATE they qualify for the full exemption regardless of who the trustees or beneficiaries are or who is the legal owner.

************* EXEMPTION AMOUNT IS $500 PER YEAR ****************

Back to Table Of Contents