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Home » US Law » 2022 Massachusetts General Laws » Part I - Administration of the Government » Title IX - Taxation » Chapter 64d - Excise on Deeds, Instruments and Writings

Section 1 – Rate of Taxation; Instrument Excepted

Section 1. There shall be levied, collected and paid, for and in respect of the deeds, instruments and writings hereinafter mentioned and described, or for or in respect of the vellum, parchment or paper upon which such deeds, instruments or writings, or any of them are written or printed, the excise taxes herein specified:— Deed, […]

Section 11 – Deeds Excise Fund

Section 11. Except for Barnstable and Suffolk counties, there shall be established upon the books of each county of a transferred sheriff, the government of which county has not been abolished by chapter 34B or other law, a fund, maintained separate and apart from all other funds and accounts of each county, to be known […]

Section 11a – Barnstable County Deeds Excise Fund

Section 11A. (a) There shall be established upon the books of Barnstable county, being a county of a transferred sheriff, the government of which county has not been abolished by chapter 34B or other law, a fund, maintained separate and apart from all other funds and accounts of each county, to be known as the […]

Section 12 – Disbursement of Funds

Section 12. (a) Notwithstanding any general or special law to the contrary, of that portion of the amounts deposited in the Deeds Excise Fund for each county from revenues collected pursuant to this chapter which represents 10.625 per cent of the taxes collected: (1) not more than 60 per cent of the deposits shall be […]

Section 3 – Use of Stamps for Payment of Tax; Metering Machines, Etc.

Section 3. Adhesive stamps for the purpose of paying the excise under this chapter shall be prepared by the commissioner in such form, of such denominations and in such quantities as he may prescribe. He shall make provision for the sale of such stamps in such places and at such times as he deems necessary. […]

Section 3b – Reimbursement by State of Counties for Bond Premiums

Section 3B. If a register of deeds through his county treasurer has paid the premium for a surety company bond required in connection with the obtaining, keeping and selling of such stamps, the commissioner, on proof of such payment, shall certify to the comptroller the amount so paid, and the state treasurer shall reimburse the […]

Section 4 – Erroneously Affixed Stamps; Abatement

Section 4. If any stamps have been erroneously affixed, the person who has overpaid the tax may apply to the commissioner for an abatement in accordance with section thirty-seven of chapter sixty-two C.

Section 6a – Failure to Affix Stamps; Penalty

Section 6A. Whoever signs and delivers to a purchaser or purchasers, or to any person or persons designated by such purchaser or purchasers, a deed, instrument or writing which does not have the stamps required by this chapter affixed thereto or to the vellum, parchment or paper upon which it is written or printed, or […]

Section 6b – Refusal to Register; Lack of Required Stamps

Section 6B. The register of deeds may refuse to record or register any deed, instrument or writing which does not have the stamps required by this chapter, as determined by the register, affixed thereto or to vellum, parchment or paper upon which it is written or printed.

Section 7 – Penalty for False Affixation of Stamps

Section 7. Any person knowingly making a false affixation of stamps on deeds or other instruments provided for by this chapter for the purpose of defrauding the commonwealth shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment for not more than one […]

Section 8 – Penalty for Illegal Removal of Stamp

Section 8. Whoever wilfully removes or alters or knowingly permits to be removed or altered the cancelling or defacing mark of any stamp provided for by this chapter with intent to use such stamp, or knowingly or wilfully buys, prepares for use, uses, has in possession, or suffers to be used, any washed, restored or […]

Section 9 – Penalty for Fraudulent Use of Stamp

Section 9. Whoever fraudulently makes use of an adhesive stamp to denote the payment of the excise imposed by this chapter, without effectually cancelling it in accordance with section two, shall be punished by a fine of not less than two hundred nor more than five hundred dollars.