Tax Classification
Board of Assessors
Tax Classification – History
In 1978, the citizens of the Commonwealth of Massachusetts adopted a
constitutional amendment authorizing the General Court to classify
real property into as many as four separate and distinct classes and
thereafter to tax such classes differently. In 1979, the General
Court adopted an act which implemented the amendment. The act
enjoyed popular support as a means to prevent the shifting of taxes
from business property onto residential property as a result of
court-ordered revaluations. Classification does not raise additional
dollars from the property tax, but serves to redistribute how much
levy will be raised from each class. Preferential tax treatment for
any class of property is not mandated, but the choice of
distributing the levy burden among the various classes remains a
local option.
The Commissioner of Revenue supervises the implementation of
property classification. After the Commissioner has determined that
a city or town's assessed values represent full and fair cash
values, the Assessor classifies all real property according to use.
Local elected officials are then permitted to determine, within
limits calculated by the Commissioner, what percentage of the tax
burden is to be borne by each property class.
The determination how to allocate the tax burden by class is made
annually. In Clinton as in other Towns, the decision to allocate tax
burdens is made by the Selectmen, generally in November.
Massachusetts law provides for the implementation of the
classification process through three phases: first, every city and
town must value all taxable property at full and fair cash value;
second, each city and town must classify every parcel of property
according to use; third, each city and town which has revalued and
classified may allocate its tax levy among the various classes of
property. The first and second steps are mandatory. The third stage,
determining whether to allocate the tax burden by class, is optional
with each community.
Classes of Property
The first step in implementing the Classification Act is to assign
each property to the appropriate class. In most instances, the usage
class has been determined in the course of the revaluation.
Assessors in Massachusetts must classify all real property in the
city or town into one of the four recognized uses: residential, open
space, commercial or industrial space. All other property which is
not real property is considered as personal estate, or personal
property. Personal property constitutes a separate class unto
itself. Each parcel, both real and personal, must always be assessed
at its full and fair cash value.
Class One – Residential Includes all property containing one or more
units for human habitation. The class includes accessory land and
buildings such as swimming pools, tennis courts, garages and sheds.
Single family homes are in this class, as are large apartment
buildings. Hotels and motels are not included in this class.
Class Two - Open Space Includes land maintained in an open or
natural condition which contributes significantly to the benefit and
enjoyment of the public. Such land cannot be held for the production
of income.
Class Three – Commercial Includes any property held for the purpose
of conducting a business, such as office buildings, retail stores,
etc.
Class Four – Industrial Includes any property involved in
manufacturing, processing or extraction, and includes utility real
property used for storage and generation purposes.