Taxation in Massachusetts

From Wikipedia, the free encyclopedia

Massachusetts has four types of taxes: individual taxes, business taxes, sales taxes, and property taxes.[1]

Forest Tax Program Chapter 61


Massachusetts allows for tax reductions based upon different factors.

Forestry, agriculture, and recreation

Chapter 61 is a voluntary current use program designed by the Massachusetts Legislature to tax real property in the Commonwealth of Massachusetts at its resources value rather than its highest and best use (development) value. Landowners who enroll their land in the program receive property tax reductions in exchange for a lien on their property.[2]

There are three types of Chapter 61 programs:[2]

Chapter 61 Forest Lands and Forest Products

Under Chapter 61, in order to qualify for the Chapter 61 program, a parcel of real property must be at least 10 acres (40,000 m2) contiguous and under the same ownership. Prior to approval, the landowner must establish a forest management plan for the affected property and have it approved by a state certified forester. Only the wooded and undeveloped portions of the land may be enrolled in the program. The tax reduction is based upon the market value of the potential forestry products the land can produce.[2]

Chapter 61A Agricultural and Horticultural Land

Under 61A, the property for agricultural use must be at least 5 acres, and the reduction in tax is based on the market value of farm products the land can support. The land may also be used for forestland, but, if so, the landowner must produce a 10-year forest management plan.[2]

Chapter 61B Recreational Land

Under 61B, the property for open space and recreation must be at least 5 acres. The tax reduction is 75% of its assessed value, and working with forest management is optional.[2] The land must "available to the general public or to members of a non-profit organization including a corporation organized under chapter one hundred and eighty."[3]

History of Chapter 61

Chapter 61 was passed by the MA General Legislature on Nov. 7, 1978[4][5] and it was amended in 2006.[6]

Right of first refusal

Chapter 61B grants municipalities a right of first refusal on land that is classified as recreational, thereby allowing municipalities to purchase the land before it's sold or converted to a non-recreational use.

In 2017, when the Allendale Country Club in the Town of North Dartmouth, MA wanted to sell, the town, with the Right of First Refusal, purchased the land assessed $5.8 million, for $3.2 million. The golf course was retained as a country club under the same name but open to the public, at more affordable rates.

In 2022, the town of Tisbury, MA, refused to purchase a portion of land that the Mink Meadows Golf Club, a 61B club, had decided to sell. A buyer was found for the parcel and the funds from the sale was used to replace the club's irrigation system and to do environmental work to improve their saltwater ponds and freshwater ponds.[7]

Assessment method for taxation of golf courses

In Chapter 61 Section 2, Massachusetts designates golf courses as eligible for current use assessment as a type of open space or recreational land use.[8][9] Under Section 38, it is assessed as commercial property.[10]

Controversy surrounding 61B

Sustainability, 61B, and Golf Courses

References

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