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How do I appeal my property tax assessment?

Local Board of Assessors (municipal level - abatement application) / Massachusetts Appellate Tax Board - ATB (state level - Boston) / Superior Court (judicial)
Step by Step

How to do it

  1. Review your actual tax bill (the 3rd quarterly bill or semi-annual actual bill triggers the abatement window); the 1st and 2nd quarter bills are "preliminary" bills - you cannot file an abatement until you receive the actual bill
  2. FILE AN APPLICATION FOR ABATEMENT (DOR Form 128) with your local Board of Assessors:
  3. DEADLINE: By the date the 3rd quarter (or first actual) tax bill is due - typically FEBRUARY 1 for quarterly communities; verify your municipality's specific due date
  4. File at the local Assessor's office; include the DOR Form 128 (available free from DOR or assessor's office); describe why you believe the assessment is excessive
  5. CRITICAL: You MUST FILE by this deadline to preserve appeal rights; the assessor CANNOT consider late applications
  6. Gather evidence: comparable sales from the assessment date (January 1 of the year preceding the fiscal year); independent appraisal; photos of condition issues; factual property record errors
  7. Assessors have 3 months to act; if no action within 3 months, abatement is DEEMED DENIED
  8. If denied (or deemed denied): appeal to the MASSACHUSETTS APPELLATE TAX BOARD (ATB) within 90 days of the denial notice (or within 90 days of the deemed-denial date)
  9. - ATB is located at 100 Cambridge Street, Suite 200, Boston, MA 02114
  10. - Three procedural tracks: Small Claims (informal, faster, for lower-value disputes), Informal (no formal discovery), Formal (full discovery, higher cost)
  11. - ATB filing fee varies by track
  12. CRITICAL PAYMENT RULE: If your annual tax bill exceeds $5,000 AND you wish to appeal to ATB, you MUST pay ALL taxes on time WITHOUT INCURRING INTEREST; even one day late on one installment can cause ATB to lose jurisdiction
Details

What you need to know

Required Docs
  • DOR Form 128 (Application for Abatement) - available at mass.gov/assessors or local assessor's office
  • Supporting evidence submitted to assessors (must submit evidence to assessors; cannot withhold and surprise at ATB)
  • Property account/parcel number and tax bill
Fee
Form 128 abatement application: free; ATB filing: varies by track (Small Claims approximately $9-$65 depending on amount in dispute; Formal: higher) ABATEMENT DEADLINE: Date the 3rd quarterly (actual) bill is due - typically February 1; check your municipality ASSESSOR RESPONSE TIME: 3 months from filing date; no response = deemed denied ATB APPEAL DEADLINE: 90 days from denial or deemed-denial date PAY-IN-FULL RULE: For bills over $5,000, ALL installments must be paid on time (no interest incurred) to preserve ATB jurisdiction WHERE TO GO: Local Board of Assessors (abatement application); ATB at 100 Cambridge Street, Suite 200, Boston, MA 02114; (617) 727-3100; mass.gov/atb
Where to Go
Local Board of Assessors (abatement application); ATB at 100 Cambridge Street, Suite 200, Boston, MA 02114; (617) 727-3100; mass.gov/atb
Massachusetts Notes

Important state-specific details

  • The PAYMENT JURISDICTION TRAP: If annual taxes exceed $5,000 and you pay even one installment late (incurring any interest), the ATB loses jurisdiction and you CANNOT appeal to ATB - this is a hard rule; pay all bills on time even while appealing.
  • Assessment date: January 1; abatement applicants should focus on comparable sales around that January 1 date.
  • Massachusetts assesses at 100% of full and fair cash value.
  • PROPOSITION 2½ caps aggregate levy, not individual assessments - you can still appeal an individual assessment.
  • RESIDENTIAL EXEMPTION (where applicable): check if your city/town has adopted it before appealing - it may resolve the issue.
  • SENIOR CIRCUIT BREAKER: file Schedule CB with state income tax return for income-eligible seniors 65+.
Official Source

State office contact

State Office
Massachusetts Appellate Tax Board (ATB) - mass.gov/atb | (617) 727-3100 | 100 Cambridge Street, Suite 200, Boston, MA 02114; Massachusetts DOR Bureau of Local Assessment - mass.gov/dls | (617) 626-2300