From
The Board of Assessors
Charles R. Laverty, Jr., CAE, CMA, CAS, Chairman
Robert P. Reardon, CAE
C. Brendan Noonan, III
and
Richard D. Simmons, Jr., RA, SRA
Assessing Administrator
TOWN OF BELMONT
ASSESSORS' OFFICE
HOMER MUNICIPAL BUILDING
BELMONT, MASSACHUSETTS 02478
(617) 993-2630
Dear Property Taxpayer:
This booklet is designed to give the Belmont, Massachusetts taxpayer a brief overview of the duties and responsibilities of your Assessors' Office and some information which might be of interest to the taxpayer. It has always been our belief that the taxpayer should be fully aware of how the assessing operations are performed so that they can reassure themselves that they are being treated fairly.
The first booklet was sent to the Belmont Taxpayers in Spring 1996. Several changes have taken effect since then, especially with the qualifications of a couple of exemptions (Clauses 22 and 41C). There has been a major change to the asset and income limitations (Cl. 41C) and major changes to the amount of reduction for the veteran exemptions (Cl. 22). Also, the income limitation for the deferral (Cl. 41A) has increased for FY2010 to the amount of $50,715., versus the $40,000 in previous years. Please see the chart near the bottom of this manual, and the description of the deferral, for additional information..
Another change which has taken place in the past year is quarterly real estate and personal property tax billing. This system has changed the filing dates for exemption and abatement applications. Further information will be found inside this manual.
Should you ever need or want additional information concerning your assessment or exemptions, or the laws governing them, please contact your Assessors' Office. We are here to help and serve you.
Sincerely,
Board of Assessors
Charles R. Laverty, Jr., CAE, CMA, CAS, Chairman
Robert P. Reardon, CAE
C. Brendan Noonan, III
1. WHAT DOES THE ASSESSOR DO?
The Assessor is required by Massachusetts Law to list and value all real and personal property. Valuation is subject to ad valorem taxation on an assessment roll each year. The "ad valorem" basis for taxation means that all property should be taxed "according to value", which is the definition of ad valorem. Assessed values, in Massachusetts, are based on "full and fair cash value", or 100 percent of the fair market value.
Assessors are required to submit these values to the State Department of Revenue for certification every three years. In the years between certification, Assessors must also maintain the values. The Town of Belmont reassesses each and every year, subject to a Massachusetts Department of Revenue statistical review. This is done so that the property taxpayer pays his or her fair share of the cost of local government, in proportion to the amount of money the property is worth, on a yearly basis rather than every three years.
The Belmont Assessors Office must appraise and assess approximately 8000 parcels of property.
2. WHAT THE ASSESSOR DOES NOT DO.
The Assessor does not raise or lower taxes. The Assessor does not make the laws which affect property owners. The Massachusetts Constitution requires that direct taxes on persons and property be proportionately and reasonably imposed. In addition, the Declaration of Rights, Part I, Article 10, requires each individual to bear his fair share of the public expenses.
The Board of Assessors is required to annually assess taxes in an amount sufficient to cover the state and local appropriations chargeable to the Town. These taxes assessed will include state taxes which have been duly certified to the Board, Town taxes voted by the Town (including Proposition 2 1/2), and all taxes voted and certified by the Fire, Water, Light, Improvement and Health Districts.
The Assessors' Office has nothing to do with the total amount of taxes collected. The Assessor's primary responsibility is to find the "full and fair cash value" of your property, so that you may pay only your fair share of the taxes. The tax rate is determined by all the taxing agencies within the Town, and is the basis for the budget needed or demanded by the voters to provide for services, such as schools, roads, law enforcement, etc. Tax rates are simply those rates which will provide funds to pay for those services.
3. WHAT IS PROPOSITION 2 1/2?
Proposition 2 1/2 places constraints on the amount of the levy raised by a city or town and on how much the levy can be increased from year to year. The property tax levy is the revenue a community can raise through real and personal property taxes. The property tax levy is sometimes referred to as the levy. In Massachusetts, municipal revenues to support local spending for schools, public safety and other public services are raised through the property tax levy, state aid, local receipts and other sources. The property tax levy is the largest source of revenue for most cities and towns.
A levy limit is a restriction on the amount of property taxes a community can levy. Proposition 2 1/2 established two types of levy limits:
First, a community cannot levy more than 2.5 percent of the total full and fair cash value of all taxable real estate and personal property in the community. Full and fair cash value limit is sometimes referred to as the levy ceiling.
Second, a community's levy is also constrained in that it can only increase by a certain amount from year to year. The maximum amount a community can levy in a given year is sometimes referred to as the levy limit. The levy limit will always be below, or at most, equal to the levy ceiling. The levy limit may not exceed the levy ceiling.
Proposition 2 1/2 does provide communities with some flexibility. It is possible for a community to levy above its levy limit or its levy ceiling on a temporary basis (debt exclusion), as well as to increase its levy limit on a permanent basis (override).
New growth becomes part of the levy limit base, and thus increases at the rate 2.5 percent each year as the levy limit increases. Reporting of new growth provides a community with an opportunity to increase its levy limit, which can provide for added budget flexibility in the future. The Board of Assessors is required to report new growth each year as part of setting the tax rate.
This information was taken from the selection "Municipal Finance Knowledgebase" off the Massachusetts Department of Revenue website, referring to "Levy Limits: A Primer on Proposition 2 1/2".
4. HOW IS YOUR ASSESSMENT DETERMINED?
To arrive at "full and fair cash value" for your property, the Assessors must know what "willing sellers" and "willing buyers" are doing in the marketplace. The Assessor also must collect, record and analyze a great deal of information about property and market characteristics in order to estimate the fair market value, including keeping current on cost of construction in the area and any changes in zoning, financing and economic conditions which may affect property values. The Assessor uses the three nationally recognized appraisal approaches to value: cost, income and market. This data is then correlated into a final value.
The object of the valuation program is to estimate "full and fair cash value" as of January 1 (known as the "assessment date") prior to the fiscal year. For example, the assessment date for Fiscal Year 2010 is January 1, 2009.
5. HOW CAN MY TAXES INCREASE?
When additional taxes are voted by the people, an individual's property tax bill will increase. Also, when market value increases, naturally, so does the assessed value. If you were to make improvements to your existing property, for instance: add a garage, add an additional room, the "full and fair cash value" and, therefore, the assessed value would also increase. The Assessor has not created the value. People make the value by their transactions in the marketplace. The Assessor simply has the legal and moral responsibility to study those transactions and appraise your property accordingly.
6. WHAT IF I DISAGREE WITH THE ASSESSMENT VALUE OF MY PROPERTY?
If your opinion of the value of your property differs from the assessment value, by all means go to the office and discuss the matter. The staff will be glad to answer your questions about the reassessment procedures. When questioning the assessment value, ask yourself three questions:
· Is my data correct?
· Is my value in line with others on the street?
· Is my value in line with recent sale prices in my neighborhood?
Keep in mind what's important: recent sale prices, condition, neighborhood, building area and lot area are the most critical factors in the valuation process. There is a variety of information available to help you determine whether your assessment is fair and equitable. The staff will be happy to assist you, and no appointment is necessary.
If after discussing the matter with the staff, and researching the assessments of comparable properties within your area (see question 7 of this manual for internet access information), a difference of opinion still exists, you may appeal your assessment to the Board of Assessors by filing an abatement application.
THE APPEAL WINDOW IS ONLY 30 DAYS. You must file an application for an abatement in writing on an approved form with the Board of Assessors. 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. Applications 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 THE 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.
You are appealing your assessment, not your taxes.
You must pay your taxes pending your appeal
Wish to appeal? The application is easy, but...Make a case...Give reasons. We do respond to your specific concerns and comparisons.
Have you refinanced or purchased the property within the last year? It may help quicken the abatement process to submit a copy of the appraisal report, usually done through the bank or mortgage company.
Once the application is time-stamped by the Assessor's Office, it cannot be added to or changed or withdrawn - it is accepted as is, once it is stamped with the date, time and "Received by the Board of Assessors".
Please contact the Assessors Office as soon as you receive your bill; applications are not available until after the tax bills are mailed.
Abatement Denied
· You will receive a notice indicating your application was denied.
· You may appeal to the State Appellate Tax Board (ATB) within 90 days of the Assessor's
decision.
Abatement Approved
· You will receive a letter indicating the amount of the abatement.
· How much was your assessment reduced? Divide the tax abatement by the tax rate.
· Your abatement will normally be credited toward your next tax bill. If your abatement is
granted after your 4th quarter bill is paid and there remains a credit on your tax bill, please
contact the Treasurer's Office directly for a refund check.
· Your abatement is permanent. No need to apply each year.
7. IS ASSESSMENT INFORMATION AVAILABLE ON THE INTERNET?
There is assessing information currently available on the Town's website. To access the assessing information and database directly, please click here. Directions for finding the database: starting from the Town's website (which is www.belmont-ma.gov), on the first page select Town Government, then select Town Departments, then select Assessor, then select Fiscal Year 2009 Assessing Information (or select the picture of the house).
A visitor to the website can access property information either with the owner's last name, property address, or map and parcel. Map and parcel is the identifier (a unique number) of the property.
In November 2002, the Board of Assessors announced the availability of assessment information on the Town's website, although limited to only a dozen or so fields of information. A year later, there were sale information fields added to the database. In November 2004, the entire property record information became available. Examples of information available are: style of house, number of rooms, full baths, half baths, fireplaces, type of heating system, type of fuel, condition, lot size, living area, etc. The Board of Assessors has endeavored to present this information in a clear and easy to understand manner, which may be viewed or printed, and with easy access.
This access would be most helpful to taxpayers, especially during the abatement period in which applicants may view, or print, information of comparable properties.
Other websites which may be helpful:
·for up-to-date sale information, the Massachusetts Registry of Deeds has a website,
·for more detailed information on assessing practices, such as valuation procedures and
setting the tax rate, as well as publications, brochures and forms, etc., the Massachusetts
8. WHAT TYPES OF TAX RELIEF (EXEMPTION) PROGRAMS DOES THE TOWN OF BELMONT OFFER?
A variety of exemptions are available to reduce property tax obligations for certain qualifying taxpayers: elderly persons, blind persons, disabled veterans, surviving spouse or orphaned minor child, widow or orphaned minor of police officer or fire fighter, and extreme hardship.
The qualifying date is July 1, the first day of the fiscal year. Applications are due 3 months after the first actual tax bill postmark date.
Because of the number and complexity of exemptions, the following table is intended only to give you a general idea of what is available. If you have the slightest suspicion you may be eligible or have any questions, call the Assessor's Office to discuss details! Note that certain income limits include deductions (Clause 41C) and asset limits do not include the value of owner occupied condominiums, and 1, 2, 3 family houses (all, excluding Clause 18). Certain exemption applications will require a copy of the tax forms filed in the last calendar year, or a statement indicating that the applicant(s) does not file tax forms. The number of owners of the property also falls into the review of qualification, which may mean non-eligibility of the exemption, a pro-rated exemption, or a full exemption.
Also, in certain conditions, if two or more persons, whether or not related or married, own a single parcel and each qualifies for a different exemption, each would be entitled to receive the exemption for which he or she qualifies.
An additional qualification for most exemptions is the ownership and occupancy of the property. In most cases, the applicant must have owned and occupied real estate property in Massachusetts for five years (and owned and occupied the present property on July 1 in the year of application), and Massachusetts must have been the applicant's place of domicile for the preceding ten years.
The Tax Deferral Program:
Many retired homeowners feel "house-rich and income-poor". Property taxes constitute a serious financial burden which can even force the sale of the home. Belmont offers a Tax Deferral Program which enables owners to defer payment of up to 100% of annual property taxes. Deferred taxes accumulate, with simple interest at 8%, as a lien on the property until it is sold or the owner(s) has deceased. Applicants must be 65 on July 1, with a maximum income of $50,715.00 for FY2010. If you are interested, please contact the Assessors' Office. When requesting to pay off taxes which have been deferred, please allow 7-10 days in order for the Assessors' Office to calculate the amount due, including interest. Please submit a letter with the pay-off date to the attention of the Board of Assessors.
ATTENTION: OWNERS OF PROPERTY IN TRUST!!
Trust ownership arrangements may affect qualification for a statutory exemption. As a general rule, an applicant must be a trustee and a beneficiary and submit:
1. A copy of a recorded trust instrument, including amendments;
2. A copy of the schedule of beneficiaries.
Consult your attorney if these requirements affect you!
AN ADDITIONAL ALTERNATIVE: THE PROPERTY TAX WORK-OFF PROGRAM
The Council on Aging began a program in Fiscal Year 1996 called Property Tax Work-Off Program, a program to permit older residents to reduce property taxes by up to $750 per year, amount derived from Massachusetts General Laws with local adoption, by volunteering for the Town. Please contact the Council on Aging directly for additional information at (617) 993-2970.
ATTENTION: NEW HOMEOWNERS!
Keep in mind the assessment date (January 1) as it affects your ownership status: The property is legally "assessed" to the previous owner, but make sure you get a bill!
SUBDIVISIONS OR NEWLY CONVERTED CONDOMINIUMS
If you purchase a property which was subdivided or converted to condominiums after January 1, the tax bills will reflect the property's prior status. Thus, several new owners may be responsible for one tax bill. An apportionment of the tax bill may be requested from the Board of Assessors. A letter must be submitted by the taxpayer to initiate the process; a form is available on the Assessors' Office page of the Town's website, or you can click here. Call the Assessors' Office should you have any questions.
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