(1) If an appeal is from the Assessors' refusal to abate a real estate or personal property tax or to take an action, an Appellant may elect to file an appeal under the informal procedure in accordance with M.G.L. c. 58A, § 7A. To elect the informal procedure, the Appellant should file a statement under informal procedure that contains all facts and dates necessary for the determination of the Board's jurisdiction and includes:
(a) a caption in the following form:
Commonwealth of Massachusetts
Appellate Tax Board
STATEMENT UNDER INFORMAL PROCEDURE
Docket No. _______
_____________ Appellant
_____________ Appellee
(b) the statement under informal procedure should include the following information:
- 1. in the caption, the Appellant's name as the Appellant and the Assessors of the city or town in which the property is located as the Appellee;
- 2. the fiscal year at issue;
- 3. a description of the property taxed, including the address or location of the property;
- 4. the assessed value of the property;
- 5. the rate and amount of the tax;
- 6. the amounts and dates of all payments made for the fiscal year at issue;
- 7. the date the Appellant filed the abatement application with the Assessors;
- 8. the date the Assessors denied the Appellant's abatement application;
- 9. a short statement of the Appellant's objections to the decision or determination appealed from and the relief requested;
2/2/24 (Effective 1/5/24) - corrected 831 CMR - 7
- 10. the name, address, telephone number, and email address of the Appellant and any person appearing on behalf of the Appellant; and
- 11. the dated signature of the Appellant or any person appearing on behalf of the Appellant.
- (2) The statement under informal procedure must include a signed waiver of the right to appeal the decision of the Board and the right to a findings of fact and report or other statement of reasons for the Board's decision, except as provided in M.G.L. c. 58A, § 7A.
- (3) The Appellant must request the Board's permission to include two or more parcels of real estate in a single statement under informal procedure. The request should include a description of the parcels, including their location, their assessed values, and whether the parcels were included in a single decision of the Assessors. The Board may require that each parcel be the subject of a separate statement under informal procedure with a separate entry fee required for each statement under informal procedure.
- (4) No pre-trial discovery will be permitted in appeals under the informal procedure.
- (5) The Chairman will provide for the speedy hearing of all appeals to be heard under the informal procedure.