Massachusetts General Laws

Mass. Gen. Laws ch. 161A, § 24 (2026)

Exemption from taxation

✓ current as of July 2026
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Section 24. Notwithstanding any general or special law to the contrary, the authority and all its real and personal property shall be exempt from taxation and from betterments and special assessments; and the authority shall not be required to pay any tax, excise or assessment to or for the commonwealth or any of its political subdivisions; nor shall the authority be required to pay any fee or charge for any permit or license, nor any compliance fee, issued to it by the commonwealth, by any department, board or officer thereof, or by any political subdivision of the commonwealth, or by any department, board or officer of such political subdivision, or by any department; and, so far as constitutionally permissible, the authority shall be exempt from tolls for the use of highways, bridges and tunnels. Bonds and notes issued by the authority, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the commonwealth.

Notwithstanding section 168 of chapter 175 or any other general or special law to the contrary, the authority shall be exempt from any fees or taxes associated with surplus lines insurance; provided, however, that the exemption shall extend to any insurance broker for any insurance premium tax or surplus lines tax being incurred or having been incurred by the insurance broker as a result of the insurance having been procured, placed, negotiated, continued or renewed for or on behalf of the authority. Real property of the authority shall, if leased, used, or occupied in connection with a business conducted for profit shall, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January 1 to the lessee, user, or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in full. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Notwithstanding the previous sentence, such collector may utilize all other remedies provided by chapter 60 for the collection of annual taxes upon real estate and for the collection of taxes assessed under this section.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2024 · leading case: Beacon South Station Assocs., LSE v. Bd. of Assessors, 9 N.E.3d 334 (Mass. App. Ct. 2014).
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Beacon South Station Assocs., LSE v. Bd. of Assessors, 9 N.E.3d 334 (Mass. App. Ct. 2014). · cites it 4× “The principal issue in this case is whether certain real estate in Boston owned by the Massachusetts Bay Transportation Authority (MBTA) and leased to a private, for-profit entity was exempt from taxation pursuant to G. L. c. 161A, § 24, in fiscal years 2009 and 2010.”
Outfront Media LLC v. Bd. of Assessors of Boston (Mass. 2024). · cites it 3× “G. L. c. 161A, § 24 (§ 24). However, any MBTA real estate that is "leased, used, or occupied in connection with a business conducted for profit" is taxed as if the lessee, user, or occupant were the owner in full of the real estate.”
Cape Cod Shellfish & Seafood Co., Inc. v. City of Boston, 19 N.E.3d 856 (Mass. App. Ct. 2014). “301 (2014) (for-profit lessee of Massachusetts Bay Transportation Authority [MBTA] was exempt from real estate taxation pursuant to specific exemption for MBTA property provided in G. L. c. 161A, § 24, and notwithstanding contrary provision in general tax statute, G.”
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