Professional tools used by plumbers, carpenters, auto mechanics and other trades are exempt from the personal property tax. In legal terms, this exemption covers "tools of trade", (e.g., small tools that can fit in a tool box).
Tools of other professionals not listed in the above paragraph are considered taxable. These include dentist's drills and X-ray machines. Computers are also subject to the personal property tax, but in cases where they are utilized by a corporation for internal purposes only (e.g., for such functions as internal accounting or administrative operations), these computers are not subject to taxation.
Tangible personal property subject to some other type of local tax is also exempt from the personal property tax. Motor vehicle and trailer excise, ship and boat excise, the farm animal and equipment excise, and mobile home park license fees are all included in this category. For example, boats, fishing gear and nets - up to $10,000 in value - owned and used in a commercial fishing business are exempt.
Intangible personal property is exempt from the personal property tax. Intangible property includes stocks, bonds, cash, mortgages and other evidence of ownership of property rights.
In general, all tangible personal property located in Massachusetts is taxable unless expressly exempt.
For business corporations, poles, underground conduits, wires, pipes (property generally owned by utility companies) and machinery used in the conduct of business are taxable.
Taxable examples of "machinery used in the conduct of business" would include property used on behalf of that corporation's customers (e. g., using computers and equipment to process data on behalf of clients).
Exempt examples of "machinery" would include property directly used in any purchasing, selling, accounting or administrative function; inventory or stock in trade; or personal property directly used in connection with laundering or dry-cleaning processes, the refrigeration of goods or the air conditioning of the premises.
The Commissioner of Revenue for the Commonwealth determines what is a manufacturing corporation. Machinery of a manufacturing corporation (domestic or foreign) is not subject to personal property taxation; however, poles, underground conduits, wires and pipes of manufacturing corporations are taxable.
Other business corporations such as insurance companies, public service corporations, utilities, savings banks and cooperative banks are subject to taxation on poles, underground conduits, wires and pipes, as well as machinery used in the manufacture or in the supply or distribution of water.
Generally, all tangible personal property is assessed in the city or town in which the personal property is situated as of January 1. The principal exception is in situations where personal property has only a temporary location as of January 1. In the latter case, the property is assessed at the residence of the owner.
Each year, prior to March 1, all persons subject to taxation in a city or town must submit a list of all their personal property that is not exempt from taxation. These personal estate items must be included on the documentation known as the Form of List. Blank Forms of List are available at the Assessing Department, Personal Property Unit, Room 301, Boston City Hall, Boston, MA 02201 or by calling (617) 635-1165. Forms of List are also available at the Taxpayer Referral & Assistance Center, Room M5, mezzanine level of Boston City Hall or by clicking here.
Taxpayers are not required to estimate the value of the property included on the Form of List. The Assessing Department will determine the valuation, based on standard reference tables. In the event that a taxpayer does not submit the list, the assessor will ascertain as best he can the personal estate belonging to the taxpayer and will estimate its value.
NOTE: The Form of List is NOT open to public inspection.
There is a penalty for failing to file the Form of List pursuant to Massachusetts General Laws c. 59, §64. A personal property taxpayer's application for abatement may not be granted unless the taxpayer can show good cause for failure to file timely. Further, if the assessment of the personal estate exceeds by 50% the amount which would have been assessed had the list been timely filed, then only the amount which exceeds this 50% may be abated.