H 4577

HOUSE DOCKET, NO. 4361  FILED ON: 1/31/2025
 HOUSE . . . . . . . . . . . . . . . No. 4577
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Hadley Luddy and Julian Cyr
  _________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
   Court assembled:
   The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the town of Provincetown to impose a 0.5% real estate transfer fee.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
Hadley Luddy  4th Barnstable  1/31/2025
Julian Cyr  Cape and Islands  1/31/2025
  1 of 1
  HOUSE DOCKET, NO. 4361  FILED ON: 1/31/2025
HOUSE . . . . . . . . . . . . . . . No. 4577
    By Representative Luddy of Orleans and Senator Cyr, a joint petition (accompanied by bill,
    House, No. 4577) of Hadley Luddy and Julian Cyr (by vote of the town) that the town of
    Provincetown be authorized to impose a real estate transfer fee. Revenue. [Local Approval
    Received.]
  [SIMILAR MATTER FILED IN PREVIOUS SESSION
  SEE HOUSE, NO. 2916 OF 2023-2024.]
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
    An Act authorizing the town of Provincetown to impose a 0.5% real estate transfer fee.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
    of the same, as follows:
1SECTION 1. There is hereby imposed a real estate transfer fee equal to 0.5% (half
2 percent, ½%) of the purchase price upon the transfer of any real property interest in any real
3 property situated in the town of Provincetown. Said fee shall be the liability of the purchaser of
4 such property interest, and any agreement between the purchaser and the seller or any other
5 person with reference to the allocation of the responsibility for bearing said fee shall not affect
6 such liability of the purchaser. The fee shall be paid to the town of Provincetown. The first
7 $250,000 collected in each fiscal year shall be deposited in the town’s capital improvement
8 stabilization fund. The remaining funds collected each fiscal year shall be deposited into the
9 town’s general fund.
  1 of 3
10SECTION 2. The following transfers of real property interests shall be exempt from the
11 real estate transfer fee:
12A. First time homebuyers who live in the home for at least 5 years. A lien shall
13 accompany the deed stating that “There is running with the land a lien equal to the amount of fee
14 exempted, plus accumulated interest and penalties until such time as all conditions of this sub-
15 section are met.”
16B. Transfers to the government of the U.S., the commonwealth, the town of
17 Provincetown and any of their instrumentalities, agencies or sub-divisions, such as the
18 Provincetown housing authority.
19C. Transfers made without additional consideration to confirm, correct, modify or
20 supplement a transfer previously made.
21D. Transfers of convenience with consideration under $100.00 which include: name
22 change, into trusts, out of trust, etc.
23E. Transfers to any charitable organization as defined in clause third of section five of
24 chapter 59 of the General Laws or any religious organization providing that the real property
25 interests so transferred will be held solely for public charitable or religious purposes.
26F. Transfers between family members, marriage partners, parents and children,
27 grandchildren, stepparents and stepchildren, brothers and sisters.
28SECTION 3.
29A. The fee imposed shall be due at the time of the transfer of the real property interest.
  2 of 3
30B. The buyer shall pay interest on any unpaid amount of the fee at the rate the town
31 collects on unpaid real estate taxes.
32C. The town shall notify a buyer by registered or certified mail of any failure to discharge
33 the amount in full of fee due.
34D. All fees and interest required to be paid under this act shall constitute a personal debt
35 of the buyer and may be recovered in an action of contract;
36SECTION 4. This act shall take effect on passage.
  3 of 3