HomeMy WebLinkAbout2018-11-16-REPSC-min Residential Exemption Policy Study Committee(Ad Hoc)
Friday, Friday, November 16,2018
Hudson Room,Cary Memorial Building
Attendance:
Mark Andersen, Chair;Vicki Blier; Howard Cloth;Thomas Whelan;John Zhao, Katie Cutler and Board of
Selectman Liaison Joe Pato. Guest Speaker—Mr. Lane Partridge Concord Assessor Not in Attendance:—
Sara Bothwell Allen
Mr. Andersen called the meeting to order at 8:02am.
Ms. Cutler volunteered to record the meeting minutes.
Public Comments:There were no public comments.
Approval of Minutes: Ms. Bothwell Allen was not in attendance so the November 101h minutes were not
approved.
Guest Speaker Lane Partridge—Town of Concord, MA Assessor and Chairman of the Legislative
Committee of Massachusetts Assessors Association
Mr. Partridge reviewed with our committee Concord's Means Tested Senior Exemption which was
made available in 2018. The goal of the exemption is to help lower-income seniors whose property tax
bill exceeds 10%of their income and/or whose high house assessment disqualifies them from
receiving the State's Senior Property Tax Circuit Breaker Credit.The cost of Concord's Means-Tested
program is shifted onto all property tax payers through an increase in the tax rate. Concord's
exemption is based on Sudbury's model with the difference of setting the house assessment limit to
the town's median house value instead of the average house value. They are now dealing with how to
integrate the accounting for this program into their existing municipal software.
Mr. Partridge handed out and reviewed with the group the FY2019 Means Tested Senior Exemption
application for the town of Concord, MA. He stated if residents qualify for the state Circuit Breaker(CB)
then they qualify for Concord's exemption unless their house value exceeds the Circuit Breaker house
value limit. However, he was upfront about the application's challenging calculation method based on
asset limits and house values which is often filled out inaccurately by taxpayers.
- Concord's median house value of$839,000 vs the states CB house value of$702,000 makes it a
complicated calculation.The CB worksheet is so challenging that Mr. Partridge had to hire an
outside CPA to help his assessing staff understand how to use it.
There were 49 residents who were evaluated in this manner.The CPA designed a plug in
spreadsheet to calculate who was eligible for the exemption and explained the process to Mr.
Partridge's team.The challenges stem from the high house values in Concord which would be
similar to Lexington.
The total value of the exemptions granted was$191,000 which was made revenue-neutral by
increasing the tax rate.There was extra cost including staff time and accountant's help.
In addition, Mr. Partridge,who is the Chairman of the Legislative Committee of the Massachusetts
Assessors Association,stated that his Association has drafted legislation to allows any town give means-
tested exemptions based on CB income requirements but basing home values on the median home
values of the participating town.The bill will be filed in January 2019, and at this time the sponsor is
unknown.The benefit will be scalable in the benefit offered by the CB, so the town can match, double or
cut it in half. Towns can decide how much to give away and it will be a tax shift vs a budget item.
Mr. Partridge stated that it is important to figure out who you are you trying to help tax policy wise.
There were questions regarding the Concord program
1. Regarding Assets
The Concord's Board of Assessors chose the asset test based on the following logic.
If you have a house worth 839K and assets of$250K (gross)then the resident filing is worth one
million dollars.The town's mission was to help the resident with one million dollars. They are
trying to help the smaller homes with lower assets and assist as many residents as possible. In
addition,they looked at straight assets (gross). They believed residents with other generated
income 2nd homes or parcels of land would work themselves out of the equation. He felt this
did occur and the asset test was based on trust.
2. Assessors vs Board of Selectman
In discussing existing proposals for new versions of means-tested exemptions, Ms. Blier
commented on versions where Assessors set the policy for qualifications. Mr. Partridge
indicated that it is Wakefield that has that policy, but stated that he and his association do not
agree with this view.
Tax Policy should be set by the selectmen or legislative body. and that is what is proposed in
the means-tested law proposed by the Assessor's association.
He as an Assessor can comment on the difficulty of implementing the plan but direction and
policies are set by BOS.
3. Review of Concord's Asset testing and senior means exemption.
Mr. Partridge reviewed the steps
- 250 Concord property tax payers qualified for the State CB program which also made
them qualified for the Concord Means-Tested program unless they had assets above the
Concord criteria.
59 Applicants applied for Concord's exemption and 10 did not qualify.
49 applications were reviewed by the Assessor's office in Concord
Mr. Zhao asked how many total residential properties are in Concord Mr. Partridge answered
5000 residential properties
Mr. Whelan asked about verifying asset.
Mr. Partridge stated they sign under the penalty of perjury but the asset testing is based on
trust
Ms. Blier questioned why the Board of Assessors who set the asset number test. Mr. Partridge
agreed that he did not like this but this is what the law stated. He would prefer that the BOS
decide on the asset test number. Either way it is complicated to set the number.
4. Tax Return and CB calculations
Mr. Andersen was curious about how the calculation is looked at with a tax return and CB. Mr
.Partridge explained that If you meet the state requirement you are all set.
The issue really is between the state's house value of$702K vs$839K which is Concord's median
house value.The tax returns of residents who do not qualify for the CB due to house value do
not contain the CB page for review.
Mr. Andersen needed more clarification. Mr. Partridge explained how the state's CB income is
calculated differently from the effective gross income.
Mr. Andersen wondered if it would it be easy to require a copy of the tax return and compare it
to the adjusted gross income. His thought was better not to use the state's worksheet
Mr. Partridge commented that would not tie it to the CB but you can certainly do this. He stated
you can use the effective gross income. However,this line does not include pensions.
Ms. Blier asked about tying it to whichever line in the tax return is used to examine tax returns for
Clause 41C senior tax exemptions. Mr. Partridge thought that this would be a less complicated way to
calculate the number. He restated that not tying it to the CB made sense and using gross income or the
line used for 41C would work. However,the levels are lower.
1. Mr. Andersen asked about policy vs implementation and wanted to understand the challenges of
implementing a new calculation or policy.
2. Ms. Cutler asked if Sudbury had the same challenges. Mr. Partridge commented that their house
values are lower and Sudbury has an outside assessor company who administers and implements
their policy.
3. Mr. Andersen asked about how Concord absorbs the tax shift(residential vs commercial). Mr.
Partridge stated this was a concern as Concord's commercial and residential are not split.They did
not want the commercial rate to be lower than the residential rate.
4. Lexington has a split rate. If you have a split rate
commercial vs residential there should be no concern.
5. Mr. Pato explained how the tax rates are calculated in Lexington on the commercial and
residential side.
6. Ms. Blier asked about Concord's acceptance of this new policy. Mr. Partridge explained the
process and stated that it was approved at town meeting and residents had no issue.
7. Mr. Andersen asked if Mr. Partridge would review an example of the program. Mr. Partridge
explained -The tax payer has to pay property tax up to 10%of their income, anything over that is
exempt,to a max of%of their tax bill. Concord includes the amount for the CB. To qualify you
need to own a house in Concord and have to lived in Concord for 10 years.
8. There was discussion of how the exemption could disqualify the taxpayer from receiving the
Circuit Breaker in the following year because the local Means-Tested exemption lowers the
amount of property tax paid, possibly pushing the property tax below the 10%-of-income mark
needed to qualify for the Circuit Breaker and for the local Means-Tested exemption for some
taxpayers for the following year.The Concord Means-Tested law has not been in place long
enough to show whether this theoretical problem will be an_issue. Mr. Partridge's final comment
was Good Luck and please contact him if we need anymore information.
Status update on resident survey
The survey remained open after 11/9/2018. Mr. Andersen will close the study when 24 hours have
passed with no new submissions. Mr. Andersen handed out the initial survey analysis results to the
committee, and went over the findings with analysis charts. Mr. Andersen discussed in length the
survey's response relating to stress to our residents. The finding demonstrates that the hypothesis
matched the results. Survey stated that owners with greater housing stress are more likely to migrate.
For more information, please refer to "What Does the the Survey Tell Us"
Public Hearing Meeting
Mr. Andersen confirmed the following dates for future meetings—11/30 and 12/7. We all agreed that
the public meeting would be 12/11 and Ms. Cutler would send out notices to members to post and she
would send the announcement to the Minuteman.
Mr. Andersen adjourned the meeting at 9:32am.
Respectfully submitted by Katie Cutler, acting secretary.