Massachusetts General Laws ch. 65 sec. 1 – Subjects of taxation; rates; exceptions
Section 1. All property within the jurisdiction of the commonwealth, corporeal or incorporeal, and any interest therein, belonging to inhabitants of the commonwealth, and all real estate or any interest therein and all tangible personal property within the commonwealth belonging to persons who are not inhabitants of the commonwealth, except such an interest in such real estate as is represented by a mortgage or by a transferable certificate of participation or share of an association, partnership or trust, which shall pass by will, or by laws regulating intestate succession, or by deed, grant or gift, except in cases of a bona fide purchase for full consideration in money or money’s worth, made in contemplation of the death of
Terms Used In Massachusetts General Laws ch. 65 sec. 1
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Dependent: A person dependent for support upon another.
- Donor: The person who makes a gift.
- Executor: A male person named in a will to carry out the decedent
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grantor: The person who establishes a trust and places property into it.
- Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
- Intestate: Dying without leaving a will.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
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Provided, however, that in the case of any beneficial interest arising or accruing by survivorship of a husband or wife in a tenancy by the entirety or joint tenancy in single family residential property occupied by such husband and wife as a domicile, there shall be allowed an exemption of such property to the extent of its value, and in multiple family residential property so occupied there shall be allowed an exemption of such property to the extent of twenty-five thousand dollars of its value.
Provided, however, that no property or interest therein, which shall pass or accrue to or for the use of a husband or wife unless its value exceeds thirty thousand dollars or to or for the use of any other person in Class A unless its value exceeds fifteen thousand dollars, and no other property or interest therein unless its value exceeds five thousand dollars shall be subject to the tax imposed by this chapter, and no tax shall be exacted upon any property or interest so passing or accruing which shall reduce the value of such property or interest below said amounts; provided, however, that no amounts attributable to employer contributions payable under a retirement plan which meets the requirements of section four hundred and one or section four hundred and three of the federal Internal Revenue Code, except amounts payable to the employee’s executors, shall be subject to the tax imposed by this section.
Provided, however, that proceeds of insurance receivable under policies on the life of the decedent shall be subject to the tax imposed by this chapter to the extent of (1) the amounts receivable by the executor or administrator of the estate of the decedent and (2) the amounts receivable by all other beneficiaries under policies with respect to which the decedent possessed at his death any incidents of ownership, exercisable either alone or in conjunction with any other person, within the meaning of section two thousand forty-two of the Federal Internal Revenue Code, as amended and in effect at the date of death of the decedent; and provided, further, that twenty-five thousand dollars of the proceeds receivable as named beneficiaries under said policies by a surviving husband, wife or issue, or any combination of the foregoing, or by trustees of intervivos trusts for their benefit shall be exempt from tax; and if the proceeds receivable by such persons and such trustees exceed twenty-five thousand dollars, the exemption shall first apply to proceeds receivable by the surviving husband or wife, secondly, to the proceeds receivable by the surviving issue, allocated among them in proportion to the amounts receivable by each, thirdly to the proceeds receivable by the trustees for the benefit of the surviving husband or wife and fourthly to the proceeds receivable by trustees for the benefit of issue.
All property and interests therein which shall pass from a decedent to the same beneficiary by any one or more of the methods hereinbefore specified and all beneficial interests which shall accrue in the manner hereinbefore provided to such beneficiary on account of the death of such decedent shall be united and treated as a single interest for the purpose of determining the tax hereunder.
For the purposes of this section, a person adopted in accordance with chapter two hundred and ten, or a person adopted in another state or country in accordance with the laws thereof, his adoptive ancestors and adoptive descendants, both lineal and collateral, shall stand in the same relationship to the deceased as if the person adopted had been born to his adoptive parent in lawful wedlock.