Sec. 12-124a. Municipal option to abate taxes on residence exceeding eight per cent of occupants' income.
Sec. 12-124a. Municipal option to abate taxes on residence exceeding eight per
cent of occupants' income. (a) Any municipality may, upon approval by its legislative
body or in any town in which the legislative body is a town meeting, by the board of
selectmen, abate the property taxes due for any tax year with respect to any residential
dwelling occupied by the owner or owners and for whom such dwelling is the primary
place of residence, to the extent that such property taxes exceed eight per cent or more
of the total income from any source, adjusted for self-employed persons to reflect the
allowance for expenses in determining adjusted gross income for federal income tax
purposes, of such owner or owners and any other person for whom such dwelling is the
primary place of residence, for the calendar year immediately preceding the beginning
of the tax year for which such taxes are due. Application for such abatement shall be
made not later than thirty days preceding the tax due date for such tax year, provided
if the amount of such taxes has not been determined on such date, within ten days
following determination of the amount of such taxes.
(b) Whenever any municipality has approved abatement of taxes as provided in
subsection (a) of this section, the owner or owners shall deliver to the tax collector in
such municipality, not later than ten days following the tax due date for such taxes
abated, an agreement, on a form executed and acknowledged in the form and manner
required for the transfer of an interest in real property, to reimburse such municipality
in the amount of the taxes abated, with interest at six per cent per annum or such rate
as approved by the legislative body. Such agreement shall contain a legal description
of the real property with respect to which such abatement is approved and shall be
recorded in the land records of such municipality. Such agreement shall constitute a
lien on such real property which shall remain valid until paid. Such lien shall be due
and payable in full upon the sale or transfer of such real property or upon the death of
the owner, or if owned by more than one person at the time such lien is created, upon
the death of the last of such owners surviving. Such lien shall be released by the tax
collector in such municipality when the taxes secured thereby have been paid. No lien
recorded under the provisions of this subsection shall take precedence over any mortgage
recorded in the land records prior to such certificate of lien.
(P.A. 78-235, S. 1, 2; P.A. 81-444, S. 1, 2.)
History: P.A. 81-444 allowed abatement to the extent that such taxes exceed 8%, rather than 10%, or more of the total
income of the occupants of the owner's dwelling, effective July 7, 1981, and applicable in any municipality to assessment
year commencing October 1, 1981, and thereafter.