Bill Text: IL HB0156 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning a tax credit for property taxes.
Spectrum: Moderate Partisan Bill (Democrat 41-9)
Status: (Passed) 2018-12-14 - Public Act . . . . . . . . . 100-1149 [HB0156 Detail]
Download: Illinois-2017-HB0156-Engrossed.html
Bill Title: Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning a tax credit for property taxes.
Spectrum: Moderate Partisan Bill (Democrat 41-9)
Status: (Passed) 2018-12-14 - Public Act . . . . . . . . . 100-1149 [HB0156 Detail]
Download: Illinois-2017-HB0156-Engrossed.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||
5 | Sections 9-275, 15-169, 15-170, and 15-175 and by adding | ||||||
6 | Sections 15-172.5 and 15-178 as follows:
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7 | (35 ILCS 200/9-275) | ||||||
8 | Sec. 9-275. Erroneous homestead exemptions. | ||||||
9 | (a) For purposes of this Section: | ||||||
10 | "Erroneous homestead exemption" means a homestead | ||||||
11 | exemption that was granted for real property in a taxable year | ||||||
12 | if the property was not eligible for that exemption in that | ||||||
13 | taxable year. If the taxpayer receives an erroneous homestead | ||||||
14 | exemption under a single Section of this Code for the same | ||||||
15 | property in multiple years, that exemption is considered a | ||||||
16 | single erroneous homestead exemption for purposes of this | ||||||
17 | Section. However, if the taxpayer receives erroneous homestead | ||||||
18 | exemptions under multiple Sections of this Code for the same | ||||||
19 | property, or if the taxpayer receives erroneous homestead | ||||||
20 | exemptions under the same Section of this Code for multiple | ||||||
21 | properties, then each of those exemptions is considered a | ||||||
22 | separate erroneous homestead exemption for purposes of this | ||||||
23 | Section. |
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1 | "Homestead exemption" means an exemption under Section | ||||||
2 | 15-165 (veterans with disabilities), 15-167 (returning | ||||||
3 | veterans), 15-168 (persons with disabilities), 15-169 | ||||||
4 | (standard homestead for veterans with disabilities and | ||||||
5 | veterans 75 years of age or older ), 15-170 (senior citizens), | ||||||
6 | 15-172 (senior citizens assessment freeze), 15-175 (general | ||||||
7 | homestead), 15-176 (alternative general homestead), or 15-177 | ||||||
8 | (long-time occupant). | ||||||
9 | "Erroneous exemption principal amount" means the total | ||||||
10 | difference between the property taxes actually billed to a | ||||||
11 | property index number and the amount of property taxes that | ||||||
12 | would have been billed but for the erroneous exemption or | ||||||
13 | exemptions. | ||||||
14 | "Taxpayer" means the property owner or leasehold owner that | ||||||
15 | erroneously received a homestead exemption upon property. | ||||||
16 | (b) Notwithstanding any other provision of law, in counties | ||||||
17 | with 3,000,000 or more inhabitants, the chief county assessment | ||||||
18 | officer shall include the following information with each | ||||||
19 | assessment notice sent in a general assessment year: (1) a list | ||||||
20 | of each homestead exemption available under Article 15 of this | ||||||
21 | Code and a description of the eligibility criteria for that | ||||||
22 | exemption; (2) a list of each homestead exemption applied to | ||||||
23 | the property in the current assessment year; (3) information | ||||||
24 | regarding penalties and interest that may be incurred under | ||||||
25 | this Section if the taxpayer received an erroneous homestead | ||||||
26 | exemption in a previous taxable year; and (4) notice of the |
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1 | 60-day grace period available under this subsection. If, within | ||||||
2 | 60 days after receiving his or her assessment notice, the | ||||||
3 | taxpayer notifies the chief county assessment officer that he | ||||||
4 | or she received an erroneous homestead exemption in a previous | ||||||
5 | taxable year, and if the taxpayer pays the erroneous exemption | ||||||
6 | principal amount, plus interest as provided in subsection (f), | ||||||
7 | then the taxpayer shall not be liable for the penalties | ||||||
8 | provided in subsection (f) with respect to that exemption. | ||||||
9 | (c) In counties with 3,000,000 or more inhabitants, when | ||||||
10 | the chief county assessment officer determines that one or more | ||||||
11 | erroneous homestead exemptions was applied to the property, the | ||||||
12 | erroneous exemption principal amount, together with all | ||||||
13 | applicable interest and penalties as provided in subsections | ||||||
14 | (f) and (j), shall constitute a lien in the name of the People | ||||||
15 | of Cook County on the property receiving the erroneous | ||||||
16 | homestead exemption. Upon becoming aware of the existence of | ||||||
17 | one or more erroneous homestead exemptions, the chief county | ||||||
18 | assessment officer shall cause to be served, by both regular | ||||||
19 | mail and certified mail, a notice of discovery as set forth in | ||||||
20 | subsection (c-5). The chief county assessment officer in a | ||||||
21 | county with 3,000,000 or more inhabitants may cause a lien to | ||||||
22 | be recorded against property that (1) is located in the county | ||||||
23 | and (2) received one or more erroneous homestead exemptions if, | ||||||
24 | upon determination of the chief county assessment officer, the | ||||||
25 | taxpayer received: (A) one or 2 erroneous homestead exemptions | ||||||
26 | for real property, including at least one erroneous homestead |
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1 | exemption granted for the property against which the lien is | ||||||
2 | sought, during any of the 3 collection years immediately prior | ||||||
3 | to the current collection year in which the notice of discovery | ||||||
4 | is served; or (B) 3 or more erroneous homestead exemptions for | ||||||
5 | real property, including at least one erroneous homestead | ||||||
6 | exemption granted for the property against which the lien is | ||||||
7 | sought, during any of the 6 collection years immediately prior | ||||||
8 | to the current collection year in which the notice of discovery | ||||||
9 | is served. Prior to recording the lien against the property, | ||||||
10 | the chief county assessment officer shall cause to be served, | ||||||
11 | by both regular mail and certified mail, return receipt | ||||||
12 | requested, on the person to whom the most recent tax bill was | ||||||
13 | mailed and the owner of record, a notice of intent to record a | ||||||
14 | lien against the property. The chief county assessment officer | ||||||
15 | shall cause the notice of intent to record a lien to be served | ||||||
16 | within 3 years from the date on which the notice of discovery | ||||||
17 | was served. | ||||||
18 | (c-5) The notice of discovery described in subsection (c) | ||||||
19 | shall: (1) identify, by property index number, the property for | ||||||
20 | which the chief county assessment officer has knowledge | ||||||
21 | indicating the existence of an erroneous homestead exemption; | ||||||
22 | (2) set forth the taxpayer's liability for principal, interest, | ||||||
23 | penalties, and administrative costs including, but not limited | ||||||
24 | to, recording fees described in subsection (f); (3) inform the | ||||||
25 | taxpayer that he or she will be served with a notice of intent | ||||||
26 | to record a lien within 3 years from the date of service of the |
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1 | notice of discovery; (4) inform the taxpayer that he or she may | ||||||
2 | pay the outstanding amount, plus interest, penalties, and | ||||||
3 | administrative costs at any time prior to being served with the | ||||||
4 | notice of intent to record a lien or within 30 days after the | ||||||
5 | notice of intent to record a lien is served; and (5) inform the | ||||||
6 | taxpayer that, if the taxpayer provided notice to the chief | ||||||
7 | county assessment officer as provided in subsection (d-1) of | ||||||
8 | Section 15-175 of this Code, upon submission by the taxpayer of | ||||||
9 | evidence of timely notice and receipt thereof by the chief | ||||||
10 | county assessment officer, the chief county assessment officer | ||||||
11 | will withdraw the notice of discovery and reissue a notice of | ||||||
12 | discovery in compliance with this Section in which the taxpayer | ||||||
13 | is not liable for interest and penalties for the current tax | ||||||
14 | year in which the notice was received. | ||||||
15 | For the purposes of this subsection (c-5): | ||||||
16 | "Collection year" means the year in which the first and | ||||||
17 | second installment of the current tax year is billed. | ||||||
18 | "Current tax year" means the year prior to the collection | ||||||
19 | year. | ||||||
20 | (d) The notice of intent to record a lien described in | ||||||
21 | subsection (c) shall: (1) identify, by property index number, | ||||||
22 | the property against which the lien is being sought; (2) | ||||||
23 | identify each specific homestead exemption that was | ||||||
24 | erroneously granted and the year or years in which each | ||||||
25 | exemption was granted; (3) set forth the erroneous exemption | ||||||
26 | principal amount due and the interest amount and any penalty |
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1 | and administrative costs due; (4) inform the taxpayer that he | ||||||
2 | or she may request a hearing within 30 days after service and | ||||||
3 | may appeal the hearing officer's ruling to the circuit court; | ||||||
4 | (5) inform the taxpayer that he or she may pay the erroneous | ||||||
5 | exemption principal amount, plus interest and penalties, | ||||||
6 | within 30 days after service; and (6) inform the taxpayer that, | ||||||
7 | if the lien is recorded against the property, the amount of the | ||||||
8 | lien will be adjusted to include the applicable recording fee | ||||||
9 | and that fees for recording a release of the lien shall be | ||||||
10 | incurred by the taxpayer. A lien shall not be filed pursuant to | ||||||
11 | this Section if the taxpayer pays the erroneous exemption | ||||||
12 | principal amount, plus penalties and interest, within 30 days | ||||||
13 | of service of the notice of intent to record a lien. | ||||||
14 | (e) The notice of intent to record a lien shall also | ||||||
15 | include a form that the taxpayer may return to the chief county | ||||||
16 | assessment officer to request a hearing. The taxpayer may | ||||||
17 | request a hearing by returning the form within 30 days after | ||||||
18 | service. The hearing shall be held within 90 days after the | ||||||
19 | taxpayer is served. The chief county assessment officer shall | ||||||
20 | promulgate rules of service and procedure for the hearing. The | ||||||
21 | chief county assessment officer must generally follow rules of | ||||||
22 | evidence and practices that prevail in the county circuit | ||||||
23 | courts, but, because of the nature of these proceedings, the | ||||||
24 | chief county assessment officer is not bound by those rules in | ||||||
25 | all particulars. The chief county assessment officer shall | ||||||
26 | appoint a hearing officer to oversee the hearing. The taxpayer |
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1 | shall be allowed to present evidence to the hearing officer at | ||||||
2 | the hearing. After taking into consideration all the relevant | ||||||
3 | testimony and evidence, the hearing officer shall make an | ||||||
4 | administrative decision on whether the taxpayer was | ||||||
5 | erroneously granted a homestead exemption for the taxable year | ||||||
6 | in question. The taxpayer may appeal the hearing officer's | ||||||
7 | ruling to the circuit court of the county where the property is | ||||||
8 | located as a final administrative decision under the | ||||||
9 | Administrative Review Law. | ||||||
10 | (f) A lien against the property imposed under this Section | ||||||
11 | shall be filed with the county recorder of deeds, but may not | ||||||
12 | be filed sooner than 60 days after the notice of intent to | ||||||
13 | record a lien was delivered to the taxpayer if the taxpayer | ||||||
14 | does not request a hearing, or until the conclusion of the | ||||||
15 | hearing and all appeals if the taxpayer does request a hearing. | ||||||
16 | If a lien is filed pursuant to this Section and the taxpayer | ||||||
17 | received one or 2 erroneous homestead exemptions during any of | ||||||
18 | the 3 collection years immediately prior to the current | ||||||
19 | collection year in which the notice of discovery is served, | ||||||
20 | then the erroneous exemption principal amount, plus 10% | ||||||
21 | interest per annum or portion thereof from the date the | ||||||
22 | erroneous exemption principal amount would have become due if | ||||||
23 | properly included in the tax bill, shall be charged against the | ||||||
24 | property by the chief county assessment officer. However, if a | ||||||
25 | lien is filed pursuant to this Section and the taxpayer | ||||||
26 | received 3 or more erroneous homestead exemptions during any of |
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1 | the 6 collection years immediately prior to the current | ||||||
2 | collection year in which the notice of discovery is served, the | ||||||
3 | erroneous exemption principal amount, plus a penalty of 50% of | ||||||
4 | the total amount of the erroneous exemption principal amount | ||||||
5 | for that property and 10% interest per annum or portion thereof | ||||||
6 | from the date the erroneous exemption principal amount would | ||||||
7 | have become due if properly included in the tax bill, shall be | ||||||
8 | charged against the property by the chief county assessment | ||||||
9 | officer. If a lien is filed pursuant to this Section, the | ||||||
10 | taxpayer shall not be liable for interest that accrues between | ||||||
11 | the date the notice of discovery is served and the date the | ||||||
12 | lien is filed. Before recording the lien with the county | ||||||
13 | recorder of deeds, the chief county assessment officer shall | ||||||
14 | adjust the amount of the lien to add administrative costs, | ||||||
15 | including but not limited to the applicable recording fee, to | ||||||
16 | the total lien amount. | ||||||
17 | (g) If a person received an erroneous homestead exemption | ||||||
18 | under Section 15-170 and: (1) the person was the spouse, child, | ||||||
19 | grandchild, brother, sister, niece, or nephew of the previous | ||||||
20 | taxpayer; and (2) the person received the property by bequest | ||||||
21 | or inheritance; then the person is not liable for the penalties | ||||||
22 | imposed under this Section for any year or years during which | ||||||
23 | the chief county assessment officer did not require an annual | ||||||
24 | application for the exemption. However, that person is | ||||||
25 | responsible for any interest owed under subsection (f). | ||||||
26 | (h) If the erroneous homestead exemption was granted as a |
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1 | result of a clerical error or omission on the part of the chief | ||||||
2 | county assessment officer, and if the taxpayer has paid the tax | ||||||
3 | bills as received for the year in which the error occurred, | ||||||
4 | then the interest and penalties authorized by this Section with | ||||||
5 | respect to that homestead exemption shall not be chargeable to | ||||||
6 | the taxpayer. However, nothing in this Section shall prevent | ||||||
7 | the collection of the erroneous exemption principal amount due | ||||||
8 | and owing. | ||||||
9 | (i) A lien under this Section is not valid as to (1) any | ||||||
10 | bona fide purchaser for value without notice of the erroneous | ||||||
11 | homestead exemption whose rights in and to the underlying | ||||||
12 | parcel arose after the erroneous homestead exemption was | ||||||
13 | granted but before the filing of the notice of lien; or (2) any | ||||||
14 | mortgagee, judgment creditor, or other lienor whose rights in | ||||||
15 | and to the underlying parcel arose before the filing of the | ||||||
16 | notice of lien. A title insurance policy for the property that | ||||||
17 | is issued by a title company licensed to do business in the | ||||||
18 | State showing that the property is free and clear of any liens | ||||||
19 | imposed under this Section shall be prima facie evidence that | ||||||
20 | the taxpayer is without notice of the erroneous homestead | ||||||
21 | exemption. Nothing in this Section shall be deemed to impair | ||||||
22 | the rights of subsequent creditors and subsequent purchasers | ||||||
23 | under Section 30 of the Conveyances Act. | ||||||
24 | (j) When a lien is filed against the property pursuant to | ||||||
25 | this Section, the chief county assessment officer shall mail a | ||||||
26 | copy of the lien to the person to whom the most recent tax bill |
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1 | was mailed and to the owner of record, and the outstanding | ||||||
2 | liability created by such a lien is due and payable within 30 | ||||||
3 | days after the mailing of the lien by the chief county | ||||||
4 | assessment officer. This liability is deemed delinquent and | ||||||
5 | shall bear interest beginning on the day after the due date at | ||||||
6 | a rate of 1.5% per month or portion thereof. Payment shall be | ||||||
7 | made to the county treasurer. Upon receipt of the full amount | ||||||
8 | due, as determined by the chief county assessment officer, the | ||||||
9 | county treasurer shall distribute the amount paid as provided | ||||||
10 | in subsection (k). Upon presentment by the taxpayer to the | ||||||
11 | chief county assessment officer of proof of payment of the | ||||||
12 | total liability, the chief county assessment officer shall | ||||||
13 | provide in reasonable form a release of the lien. The release | ||||||
14 | of the lien provided shall clearly inform the taxpayer that it | ||||||
15 | is the responsibility of the taxpayer to record the lien | ||||||
16 | release form with the county recorder of deeds and to pay any | ||||||
17 | applicable recording fees. | ||||||
18 | (k) The county treasurer shall pay collected erroneous | ||||||
19 | exemption principal amounts, pro rata, to the taxing districts, | ||||||
20 | or their legal successors, that levied upon the subject | ||||||
21 | property in the taxable year or years for which the erroneous | ||||||
22 | homestead exemptions were granted, except as set forth in this | ||||||
23 | Section. The county treasurer shall deposit collected | ||||||
24 | penalties and interest into a special fund established by the | ||||||
25 | county treasurer to offset the costs of administration of the | ||||||
26 | provisions of this Section by the chief county assessment |
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1 | officer's office, as appropriated by the county board. If the | ||||||
2 | costs of administration of this Section exceed the amount of | ||||||
3 | interest and penalties collected in the special fund, the chief | ||||||
4 | county assessor shall be reimbursed by each taxing district or | ||||||
5 | their legal successors for those costs. Such costs shall be | ||||||
6 | paid out of the funds collected by the county treasurer on | ||||||
7 | behalf of each taxing district pursuant to this Section. | ||||||
8 | (l) The chief county assessment officer in a county with | ||||||
9 | 3,000,000 or more inhabitants shall establish an amnesty period | ||||||
10 | for all taxpayers owing any tax due to an erroneous homestead | ||||||
11 | exemption granted in a tax year prior to the 2013 tax year. The | ||||||
12 | amnesty period shall begin on the effective date of this | ||||||
13 | amendatory Act of the 98th General Assembly and shall run | ||||||
14 | through December 31, 2013. If, during the amnesty period, the | ||||||
15 | taxpayer pays the entire arrearage of taxes due for tax years | ||||||
16 | prior to 2013, the county clerk shall abate and not seek to | ||||||
17 | collect any interest or penalties that may be applicable and | ||||||
18 | shall not seek civil or criminal prosecution for any taxpayer | ||||||
19 | for tax years prior to 2013. Failure to pay all such taxes due | ||||||
20 | during the amnesty period established under this Section shall | ||||||
21 | invalidate the amnesty period for that taxpayer. | ||||||
22 | The chief county assessment officer in a county with | ||||||
23 | 3,000,000 or more inhabitants shall (i) mail notice of the | ||||||
24 | amnesty period with the tax bills for the second installment of | ||||||
25 | taxes for the 2012 assessment year and (ii) as soon as possible | ||||||
26 | after the effective date of this amendatory Act of the 98th |
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1 | General Assembly, publish notice of the amnesty period in a | ||||||
2 | newspaper of general circulation in the county. Notices shall | ||||||
3 | include information on the amnesty period, its purpose, and the | ||||||
4 | method by which to make payment. | ||||||
5 | Taxpayers who are a party to any criminal investigation or | ||||||
6 | to any civil or criminal litigation that is pending in any | ||||||
7 | circuit court or appellate court, or in the Supreme Court of | ||||||
8 | this State, for nonpayment, delinquency, or fraud in relation | ||||||
9 | to any property tax imposed by any taxing district located in | ||||||
10 | the State on the effective date of this amendatory Act of the | ||||||
11 | 98th General Assembly may not take advantage of the amnesty | ||||||
12 | period. | ||||||
13 | A taxpayer who has claimed 3 or more homestead exemptions | ||||||
14 | in error shall not be eligible for the amnesty period | ||||||
15 | established under this subsection.
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16 | (Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14; | ||||||
17 | 98-811, eff. 1-1-15; 98-1143, eff. 1-1-15; 99-143, eff. | ||||||
18 | 7-27-15; 99-851, eff. 8-19-16.)
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19 | (35 ILCS 200/15-169) | ||||||
20 | Sec. 15-169. Homestead exemption for veterans with | ||||||
21 | disabilities and veterans who are 75 years of age or older . | ||||||
22 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
23 | exemption, limited to the amounts set forth in subsections (b) , | ||||||
24 | and (b-3), and (b-4) is granted for property that is used as a | ||||||
25 | qualified residence by a veteran with a disability or, |
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1 | beginning in taxable year 2017, a veteran who is 75 years of | ||||||
2 | age or older . | ||||||
3 | (b) For taxable years prior to 2015, the amount of the | ||||||
4 | exemption under this Section is as follows: | ||||||
5 | (1) for veterans with a service-connected disability | ||||||
6 | of at least (i) 75% for exemptions granted in taxable years | ||||||
7 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||
8 | taxable year 2010 and each taxable year thereafter, as | ||||||
9 | certified by the United States Department of Veterans | ||||||
10 | Affairs, the annual exemption is $5,000; and | ||||||
11 | (2) for veterans with a service-connected disability | ||||||
12 | of at least 50%, but less than (i) 75% for exemptions | ||||||
13 | granted in taxable years 2007 through 2009 and (ii) 70% for | ||||||
14 | exemptions granted in taxable year 2010 and each taxable | ||||||
15 | year thereafter, as certified by the United States | ||||||
16 | Department of Veterans Affairs, the annual exemption is | ||||||
17 | $2,500. | ||||||
18 | (b-3) For taxable years 2015 and 2016 thereafter : | ||||||
19 | (1) if the veteran has a service connected disability | ||||||
20 | of 30% or more but less than 50%, as certified by the | ||||||
21 | United States Department of Veterans Affairs, then the | ||||||
22 | annual exemption is $2,500; | ||||||
23 | (2) if the veteran has a service connected disability | ||||||
24 | of 50% or more but less than 70%, as certified by the | ||||||
25 | United States Department of Veterans Affairs, then the | ||||||
26 | annual exemption is $5,000; and |
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1 | (3) if the veteran has a service connected disability | ||||||
2 | of 70% or more, as certified by the United States | ||||||
3 | Department of Veterans Affairs, then the property is exempt | ||||||
4 | from taxation under this Code. | ||||||
5 | (b-4) For taxable years 2017 and thereafter: | ||||||
6 | (1) if the veteran has a service connected disability | ||||||
7 | of 20% or more but less than 50%, as certified by the | ||||||
8 | United States Department of Veterans Affairs or the United | ||||||
9 | States Department of Defense, then the annual exemption is | ||||||
10 | $2,500; | ||||||
11 | (2) if the veteran has a service connected disability | ||||||
12 | of 50% or more but less than 70%, as certified by the | ||||||
13 | United States Department of Veterans Affairs or the United | ||||||
14 | States Department of Defense, then the annual exemption is | ||||||
15 | $5,000; | ||||||
16 | (3) if the veteran has a service connected disability | ||||||
17 | of 70% or more, as certified by the United States | ||||||
18 | Department of Veterans Affairs or the United States | ||||||
19 | Department of Defense, then the property is exempt from | ||||||
20 | taxation under this Code; and | ||||||
21 | (4) if the veteran does not qualify under paragraphs | ||||||
22 | (1) through (3) of this subsection (b-4), but the veteran | ||||||
23 | is 75 years of age or older during the taxable year, then | ||||||
24 | $2,500. | ||||||
25 | (b-5) If a homestead exemption is granted under this | ||||||
26 | Section and the person awarded the exemption subsequently |
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1 | becomes a resident of a facility licensed under the Nursing | ||||||
2 | Home Care Act or a facility operated by the United States | ||||||
3 | Department of Veterans Affairs, then the exemption shall | ||||||
4 | continue (i) so long as the residence continues to be occupied | ||||||
5 | by the qualifying person's spouse or (ii) if the residence | ||||||
6 | remains unoccupied but is still owned by the person who | ||||||
7 | qualified for the homestead exemption. | ||||||
8 | (c) The tax exemption under this Section carries over to | ||||||
9 | the benefit of the veteran's
surviving spouse as long as the | ||||||
10 | spouse holds the legal or
beneficial title to the homestead, | ||||||
11 | permanently resides
thereon, and does not remarry. If the | ||||||
12 | surviving spouse sells
the property, an exemption not to exceed | ||||||
13 | the amount granted
from the most recent ad valorem tax roll may | ||||||
14 | be transferred to
his or her new residence as long as it is | ||||||
15 | used as his or her
primary residence and he or she does not | ||||||
16 | remarry. | ||||||
17 | As used in this subsection (c): | ||||||
18 | (1) for taxable years prior to 2015, "surviving spouse" | ||||||
19 | means the surviving spouse of a veteran who obtained an | ||||||
20 | exemption under this Section prior to his or her death; | ||||||
21 | (2) for taxable year 2015 and 2016, "surviving spouse" | ||||||
22 | means (i) the surviving spouse of a veteran who obtained an | ||||||
23 | exemption under this Section prior to his or her death and | ||||||
24 | (ii) the surviving spouse of a veteran who was killed in | ||||||
25 | the line of duty; and | ||||||
26 | (3) for taxable year 2017 and thereafter, "surviving |
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1 | spouse" means (i) the surviving spouse of a veteran who | ||||||
2 | qualified for the exemption under this Section prior to his | ||||||
3 | or her death, (ii) the surviving spouse of a veteran who | ||||||
4 | was killed in the line of duty, and (iii) the surviving | ||||||
5 | spouse of a veteran who did not obtain an exemption under | ||||||
6 | this Section before death, but who applied for a | ||||||
7 | service-connected disability certification from the United | ||||||
8 | States Department of Veterans Affairs or the United States | ||||||
9 | Department of Defense no earlier than January 1, 2007 and | ||||||
10 | would have qualified for the exemption under this Section | ||||||
11 | in the current taxable year if he or she had survived. | ||||||
12 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
13 | Section shall require the veteran to have qualified for or | ||||||
14 | obtained the exemption before death if the veteran was killed | ||||||
15 | in the line of duty. | ||||||
16 | (d) The exemption under this Section applies for taxable | ||||||
17 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
18 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
19 | this Section. | ||||||
20 | (e) Each taxpayer who has been granted an exemption under | ||||||
21 | this Section must reapply on an annual basis. Application must | ||||||
22 | be made during the application period
in effect for the county | ||||||
23 | of his or her residence. The assessor
or chief county | ||||||
24 | assessment officer may determine the
eligibility of | ||||||
25 | residential property to receive the homestead
exemption | ||||||
26 | provided by this Section by application, visual
inspection, |
| |||||||
| |||||||
1 | questionnaire, or other reasonable methods. The
determination | ||||||
2 | must be made in accordance with guidelines
established by the | ||||||
3 | Department. | ||||||
4 | (f) For the purposes of this Section: | ||||||
5 | "Qualified residence" means real
property, but less any | ||||||
6 | portion of that property that is used for
commercial purposes, | ||||||
7 | with an equalized assessed value of less than $250,000 that is | ||||||
8 | the primary residence of a veteran with a disability or, | ||||||
9 | beginning in taxable year 2017, a veteran who is 75 years of | ||||||
10 | age or older . Property rented for more than 6 months is
| ||||||
11 | presumed to be used for commercial purposes. | ||||||
12 | "Veteran" means an Illinois resident who has served as a
| ||||||
13 | member of the United States Armed Forces on active duty or
| ||||||
14 | State active duty, a member of the Illinois National Guard, or
| ||||||
15 | a member of the United States Reserve Forces and who has | ||||||
16 | received an honorable discharge. | ||||||
17 | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15; | ||||||
18 | 99-375, eff. 8-17-15; 99-642, eff. 7-28-16.)
| ||||||
19 | (35 ILCS 200/15-170) | ||||||
20 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||
21 | annual homestead
exemption limited, except as described here | ||||||
22 | with relation to cooperatives or
life care facilities, to a
| ||||||
23 | maximum reduction set forth below from the property's value, as | ||||||
24 | equalized or
assessed by the Department, is granted for | ||||||
25 | property that is occupied as a
residence by a person 65 years |
| |||||||
| |||||||
1 | of age or older who is liable for paying real
estate taxes on | ||||||
2 | the property and is an owner of record of the property or has a
| ||||||
3 | legal or equitable interest therein as evidenced by a written | ||||||
4 | instrument,
except for a leasehold interest, other than a | ||||||
5 | leasehold interest of land on
which a single family residence | ||||||
6 | is located, which is occupied as a residence by
a person 65 | ||||||
7 | years or older who has an ownership interest therein, legal,
| ||||||
8 | equitable or as a lessee, and on which he or she is liable for | ||||||
9 | the payment
of property taxes. Before taxable year 2004, the | ||||||
10 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||
11 | more inhabitants and $2,000 in all other counties. For taxable | ||||||
12 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
13 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
14 | reduction shall be $3,500. For taxable years 2008 through 2011, | ||||||
15 | the maximum reduction is $4,000 in all counties.
For taxable | ||||||
16 | year 2012, the maximum reduction is $5,000 in counties with
| ||||||
17 | 3,000,000 or more inhabitants and $4,000 in all other counties. | ||||||
18 | For taxable years 2013 through 2016 and thereafter , the maximum | ||||||
19 | reduction is $5,000 in all counties. For taxable years 2017 and | ||||||
20 | thereafter, the maximum reduction is $6,000 in all counties. | ||||||
21 | For land
improved with an apartment building owned and | ||||||
22 | operated as a cooperative, the maximum reduction from the value | ||||||
23 | of the property, as
equalized
by the Department, shall be | ||||||
24 | multiplied by the number of apartments or units
occupied by a | ||||||
25 | person 65 years of age or older who is liable, by contract with
| ||||||
26 | the owner or owners of record, for paying property taxes on the |
| |||||||
| |||||||
1 | property and
is an owner of record of a legal or equitable | ||||||
2 | interest in the cooperative
apartment building, other than a | ||||||
3 | leasehold interest. For land improved with
a life care | ||||||
4 | facility, the maximum reduction from the value of the property, | ||||||
5 | as
equalized by the Department, shall be multiplied by the | ||||||
6 | number of apartments or
units occupied by persons 65 years of | ||||||
7 | age or older, irrespective of any legal,
equitable, or | ||||||
8 | leasehold interest in the facility, who are liable, under a
| ||||||
9 | contract with the owner or owners of record of the facility, | ||||||
10 | for paying
property taxes on the property. In a
cooperative or | ||||||
11 | a life care facility where a
homestead exemption has been | ||||||
12 | granted, the cooperative association or the
management firm of | ||||||
13 | the cooperative or facility shall credit the savings
resulting | ||||||
14 | from that exemption only to
the apportioned tax liability of | ||||||
15 | the owner or resident who qualified for
the exemption.
Any | ||||||
16 | person who willfully refuses to so credit the savings shall be | ||||||
17 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
18 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
19 | a facility, as defined in Section 2 of the Life Care Facilities
| ||||||
20 | Act, with which the applicant for the homestead exemption has a | ||||||
21 | life care
contract as defined in that Act. | ||||||
22 | When a homestead exemption has been granted under this | ||||||
23 | Section and the person
qualifying subsequently becomes a | ||||||
24 | resident of a facility licensed under the Assisted Living and | ||||||
25 | Shared Housing Act, the Nursing Home Care Act, the Specialized | ||||||
26 | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
| |||||||
| |||||||
1 | Care Act, or the MC/DD Act, the exemption shall continue so | ||||||
2 | long as the residence
continues to be occupied by the | ||||||
3 | qualifying person's spouse if the spouse is 65
years of age or | ||||||
4 | older, or if the residence remains unoccupied but is still
| ||||||
5 | owned by the person qualified for the homestead exemption. | ||||||
6 | A person who will be 65 years of age
during the current | ||||||
7 | assessment year
shall
be eligible to apply for the homestead | ||||||
8 | exemption during that assessment
year.
Application shall be | ||||||
9 | made during the application period in effect for the
county of | ||||||
10 | his residence. | ||||||
11 | Beginning with assessment year 2003, for taxes payable in | ||||||
12 | 2004,
property
that is first occupied as a residence after | ||||||
13 | January 1 of any assessment year by
a person who is eligible | ||||||
14 | for the senior citizens homestead exemption under this
Section | ||||||
15 | must be granted a pro-rata exemption for the assessment year. | ||||||
16 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
17 | in the county under this Section divided by 365 and multiplied | ||||||
18 | by the
number of days during the assessment year the property | ||||||
19 | is occupied as a
residence by a
person eligible for the | ||||||
20 | exemption under this Section. The chief county
assessment | ||||||
21 | officer must adopt reasonable procedures to establish | ||||||
22 | eligibility
for this pro-rata exemption. | ||||||
23 | The assessor or chief county assessment officer may | ||||||
24 | determine the eligibility
of a life care facility to receive | ||||||
25 | the benefits provided by this Section, by
affidavit, | ||||||
26 | application, visual inspection, questionnaire or other |
| |||||||
| |||||||
1 | reasonable
methods in order to insure that the tax savings | ||||||
2 | resulting from the exemption
are credited by the management | ||||||
3 | firm to the apportioned tax liability of each
qualifying | ||||||
4 | resident. The assessor may request reasonable proof that the
| ||||||
5 | management firm has so credited the exemption. | ||||||
6 | The chief county assessment officer of each county with | ||||||
7 | less than 3,000,000
inhabitants shall provide to each person | ||||||
8 | allowed a homestead exemption under
this Section a form to | ||||||
9 | designate any other person to receive a
duplicate of any notice | ||||||
10 | of delinquency in the payment of taxes assessed and
levied | ||||||
11 | under this Code on the property of the person receiving the | ||||||
12 | exemption.
The duplicate notice shall be in addition to the | ||||||
13 | notice required to be
provided to the person receiving the | ||||||
14 | exemption, and shall be given in the
manner required by this | ||||||
15 | Code. The person filing the request for the duplicate
notice | ||||||
16 | shall pay a fee of $5 to cover administrative costs to the | ||||||
17 | supervisor of
assessments, who shall then file the executed | ||||||
18 | designation with the county
collector. Notwithstanding any | ||||||
19 | other provision of this Code to the contrary,
the filing of | ||||||
20 | such an executed designation requires the county collector to
| ||||||
21 | provide duplicate notices as indicated by the designation. A | ||||||
22 | designation may
be rescinded by the person who executed such | ||||||
23 | designation at any time, in the
manner and form required by the | ||||||
24 | chief county assessment officer. | ||||||
25 | The assessor or chief county assessment officer may | ||||||
26 | determine the
eligibility of residential property to receive |
| |||||||
| |||||||
1 | the homestead exemption provided
by this Section by | ||||||
2 | application, visual inspection, questionnaire or other
| ||||||
3 | reasonable methods. The determination shall be made in | ||||||
4 | accordance with
guidelines established by the Department. | ||||||
5 | In counties with 3,000,000 or more inhabitants, beginning | ||||||
6 | in taxable year 2010, each taxpayer who has been granted an | ||||||
7 | exemption under this Section must reapply on an annual basis. | ||||||
8 | The chief county assessment officer shall mail the application | ||||||
9 | to the taxpayer. In counties with less than 3,000,000 | ||||||
10 | inhabitants, the county board may by
resolution provide that if | ||||||
11 | a person has been granted a homestead exemption
under this | ||||||
12 | Section, the person qualifying need not reapply for the | ||||||
13 | exemption. | ||||||
14 | In counties with less than 3,000,000 inhabitants, if the | ||||||
15 | assessor or chief
county assessment officer requires annual | ||||||
16 | application for verification of
eligibility for an exemption | ||||||
17 | once granted under this Section, the application
shall be | ||||||
18 | mailed to the taxpayer. | ||||||
19 | The assessor or chief county assessment officer shall | ||||||
20 | notify each person
who qualifies for an exemption under this | ||||||
21 | Section that the person may also
qualify for deferral of real | ||||||
22 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
23 | Act. The notice shall set forth the qualifications needed for
| ||||||
24 | deferral of real estate taxes, the address and telephone number | ||||||
25 | of
county collector, and a
statement that applications for | ||||||
26 | deferral of real estate taxes may be obtained
from the county |
| |||||||
| |||||||
1 | collector. | ||||||
2 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
3 | no
reimbursement by the State is required for the | ||||||
4 | implementation of any mandate
created by this Section. | ||||||
5 | (Source: P.A. 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; 98-756, | ||||||
6 | eff. 7-16-14; 99-180, eff. 7-29-15.)
| ||||||
7 | (35 ILCS 200/15-172.5 new) | ||||||
8 | Sec. 15-172.5. Assessment Freeze Homestead Exemption for | ||||||
9 | persons receiving Supplemental Security Income. | ||||||
10 | (a) This Section may be cited as the Assessment Freeze | ||||||
11 | Homestead Exemption for persons receiving Supplemental | ||||||
12 | Security Income. | ||||||
13 | (b) As used in this Section: | ||||||
14 | "Applicant" means an individual who has filed an | ||||||
15 | application under this Section. | ||||||
16 | "Base amount" means the base year equalized assessed value | ||||||
17 | of the residence plus the first year's equalized assessed value | ||||||
18 | of any added improvements which increased the assessed value of | ||||||
19 | the residence after the base year. | ||||||
20 | "Base year" means the taxable year prior to the taxable | ||||||
21 | year for which the applicant first qualifies and applies for | ||||||
22 | the exemption, provided that, in the prior taxable year, the | ||||||
23 | property was improved with a permanent structure that was | ||||||
24 | occupied as a residence by the applicant who was liable for | ||||||
25 | paying real property taxes on the property and who was either |
| |||||||
| |||||||
1 | (i) an owner of record of the property or had legal or | ||||||
2 | equitable interest in the property as evidenced by a written | ||||||
3 | instrument or (ii) had a legal or equitable interest as a | ||||||
4 | lessee in the parcel of property that was single family | ||||||
5 | residence. | ||||||
6 | "Chief County Assessment Officer" means the County | ||||||
7 | Assessor or Supervisor of Assessments of the county in which | ||||||
8 | the property is located. | ||||||
9 | "Equalized assessed value" means the assessed value of the | ||||||
10 | property as equalized by the Department of Revenue. | ||||||
11 | "Household" means the applicant, the spouse of the | ||||||
12 | applicant, and all persons using the residence of the applicant | ||||||
13 | as their principal place of residence. | ||||||
14 | "Household income" means the combined income of the members | ||||||
15 | of a household for the calendar year preceding the taxable | ||||||
16 | year. | ||||||
17 | "Income" has the same meaning as provided in Section 3.07 | ||||||
18 | of the Senior Citizens and Persons with Disabilities Property | ||||||
19 | Tax Relief Act, but does not include veteran's benefits. | ||||||
20 | "Internal Revenue Code of 1986" means the United States | ||||||
21 | Internal Revenue Code of 1986 or any successor law or laws | ||||||
22 | relating to federal income taxes in effect for the year | ||||||
23 | preceding the taxable year. | ||||||
24 | "Life care facility that qualifies as a cooperative" means | ||||||
25 | a facility as defined in Section 2 of the Life Care Facilities | ||||||
26 | Act. |
| |||||||
| |||||||
1 | "Maximum income limitation" means $55,000. | ||||||
2 | "Residence" means the principal dwelling place and | ||||||
3 | appurtenant structures used for residential purposes in this | ||||||
4 | State occupied on January 1 of the taxable year by a household | ||||||
5 | and so much of the surrounding land, constituting the parcel | ||||||
6 | upon which the dwelling place is situated, as is used for | ||||||
7 | residential purposes. If the chief county assessment officer | ||||||
8 | has established a specific legal description for a portion of | ||||||
9 | property constituting the residence, then that portion of | ||||||
10 | property shall be deemed the residence for the purposes of this | ||||||
11 | Section. | ||||||
12 | "Taxable year" means the calendar year during which ad | ||||||
13 | valorem property taxes payable in the next succeeding year are | ||||||
14 | levied. | ||||||
15 | (c) Beginning in taxable year 2017, an assessment freeze | ||||||
16 | homestead exemption is granted for real property that is | ||||||
17 | improved with a permanent structure that is occupied as a | ||||||
18 | residence by an applicant who (i) receives federal Supplemental | ||||||
19 | Security Income during the taxable year, (ii) has a household | ||||||
20 | income that does not exceed the maximum income limitation, | ||||||
21 | (iii) is liable for paying real property taxes on the property, | ||||||
22 | and (iv) is an owner of record of the property or has a legal or | ||||||
23 | equitable interest in the property as evidenced by a written | ||||||
24 | instrument. This homestead exemption shall also apply to a | ||||||
25 | leasehold interest in a parcel of property improved with a | ||||||
26 | permanent structure that is a single family residence that is |
| |||||||
| |||||||
1 | occupied as a residence by a person who (i) receives federal | ||||||
2 | Supplemental Security Income during the taxable year, (ii) has | ||||||
3 | a household income that does not exceed the maximum income | ||||||
4 | limitation, (iii) has a legal or equitable ownership interest | ||||||
5 | in the property as lessee, and (iv) is liable for the payment | ||||||
6 | of real property taxes on that property. | ||||||
7 | The amount of the exemption is the equalized assessed value | ||||||
8 | of the residence in the taxable year for which application is | ||||||
9 | made minus the base amount. | ||||||
10 | When the applicant is a surviving spouse of an applicant | ||||||
11 | for a prior year for the same residence for which an exemption | ||||||
12 | under this Section has been granted, the base year and base | ||||||
13 | amount for that residence are the same as for the applicant for | ||||||
14 | the prior year. | ||||||
15 | Each year at the time the assessment books are certified to | ||||||
16 | the County Clerk, the Board of Review or Board of Appeals shall | ||||||
17 | give to the County Clerk a list of the assessed values of | ||||||
18 | improvements on each parcel qualifying for this exemption that | ||||||
19 | were added after the base year for this parcel and that | ||||||
20 | increased the assessed value of the property. | ||||||
21 | In the case of land improved with an apartment building | ||||||
22 | owned and operated as a cooperative or a building that is a | ||||||
23 | life care facility that qualifies as a cooperative, the maximum | ||||||
24 | reduction from the equalized assessed value of the property is | ||||||
25 | limited to the sum of the reductions calculated for each unit | ||||||
26 | occupied as a residence by a person or persons (i) who receive |
| |||||||
| |||||||
1 | federal Supplemental Security Income during the taxable year, | ||||||
2 | (ii) with a household income that does not exceed the maximum | ||||||
3 | income limitation, (iii) who are liable, by contract with the | ||||||
4 | owner or owners of record, for paying real property taxes on | ||||||
5 | the property, and (iv) who is an owner of record of a legal or | ||||||
6 | equitable interest in the cooperative apartment building, | ||||||
7 | other than a leasehold interest. In the instance of a | ||||||
8 | cooperative where a homestead exemption has been granted under | ||||||
9 | this Section, the cooperative association or its management | ||||||
10 | firm shall credit the savings resulting from that exemption | ||||||
11 | only to the apportioned tax liability of the owner who | ||||||
12 | qualified for the exemption. Any person who willfully refuses | ||||||
13 | to credit that savings to an owner who qualifies for the | ||||||
14 | exemption is guilty of a Class B misdemeanor. | ||||||
15 | When a homestead exemption has been granted under this | ||||||
16 | Section and an applicant then becomes a resident of a facility | ||||||
17 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
18 | Nursing Home Care Act, the Specialized Mental Health | ||||||
19 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
20 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
21 | years so long as the residence (i) continues to be occupied by | ||||||
22 | the qualified applicant's spouse or (ii) if remaining | ||||||
23 | unoccupied, is still owned by the qualified applicant for the | ||||||
24 | homestead exemption. | ||||||
25 | When an individual dies who would have qualified for an | ||||||
26 | exemption under this Section, and the surviving spouse does not |
| |||||||
| |||||||
1 | independently qualify for this exemption because he or she does | ||||||
2 | not receive Supplemental Security Income, the exemption under | ||||||
3 | this Section shall be granted to the surviving spouse for the | ||||||
4 | taxable year preceding and the taxable year of the death, | ||||||
5 | provided that the surviving spouse meets all other | ||||||
6 | qualifications for the granting of this exemption for those | ||||||
7 | years. | ||||||
8 | When married persons maintain separate residences, the | ||||||
9 | exemption provided for in this Section may be claimed by only | ||||||
10 | one of such persons and for only one residence. | ||||||
11 | In counties having 3,000,000 or more inhabitants, to | ||||||
12 | receive the exemption, a person may submit an application to | ||||||
13 | the chief county assessment officer of the county in which the | ||||||
14 | property is located during such period as may be specified by | ||||||
15 | the chief county assessment officer. The chief county | ||||||
16 | assessment officer in counties of 3,000,000 or more inhabitants | ||||||
17 | shall annually give notice of the application period by mail or | ||||||
18 | by publication. In counties having less than 3,000,000 | ||||||
19 | inhabitants, to receive the exemption, a person shall submit an | ||||||
20 | application by July 1 of each taxable year to the chief county | ||||||
21 | assessment officer of the county in which the property is | ||||||
22 | located. A county having less than 3,000,000 inhabitants may, | ||||||
23 | by ordinance, establish a date for submission of applications | ||||||
24 | that is different than July 1. The applicant shall submit with | ||||||
25 | the application an affidavit verifying the applicant's | ||||||
26 | qualifications for the exemption under this Section. The |
| |||||||
| |||||||
1 | Department shall establish, by rule, a method for verifying the | ||||||
2 | accuracy of such affidavits, and the chief county assessment | ||||||
3 | officer may conduct audits of any taxpayer claiming an | ||||||
4 | exemption under this Section to verify that the taxpayer is | ||||||
5 | eligible to receive the exemption. Each application shall | ||||||
6 | contain or be verified by a written declaration that it is made | ||||||
7 | under the penalties of perjury. A taxpayer's signing a | ||||||
8 | fraudulent application under this Act is perjury, as defined in | ||||||
9 | Section 32-2 of the Criminal Code of 2012. The applications | ||||||
10 | shall be clearly marked as applications for the Assessment | ||||||
11 | Freeze Homestead Exemption for Persons Receiving Supplemental | ||||||
12 | Security Income and must contain a notice that any taxpayer who | ||||||
13 | receives the exemption is subject to an audit by the chief | ||||||
14 | county assessment officer. | ||||||
15 | If an applicant fails to file the application required by | ||||||
16 | this Section in a timely manner and this failure to file is due | ||||||
17 | to a mental or physical condition sufficiently severe so as to | ||||||
18 | render the applicant incapable of filing the application in a | ||||||
19 | timely manner, the chief county assessment officer may extend | ||||||
20 | the filing deadline for a period of 30 days after the applicant | ||||||
21 | regains the capability to file the application, but in no case | ||||||
22 | may the filing deadline be extended beyond 3 months of the | ||||||
23 | original filing deadline. In order to receive the extension | ||||||
24 | provided in this paragraph, the applicant shall provide the | ||||||
25 | chief county assessment officer with a signed statement from | ||||||
26 | the applicant's physician, advanced practice nurse, or |
| |||||||
| |||||||
1 | physician assistant stating the nature and extent of the | ||||||
2 | condition, that, in the physician's, advanced practice | ||||||
3 | nurse's, or physician assistant's opinion, the condition was so | ||||||
4 | severe that it rendered the applicant incapable of filing the | ||||||
5 | application in a timely manner, and the date on which the | ||||||
6 | applicant regained the capability to file the application. | ||||||
7 | The chief county assessment officer may determine the | ||||||
8 | eligibility of a life care facility that qualifies as a | ||||||
9 | cooperative to receive the benefits provided by this Section by | ||||||
10 | use of an affidavit, application, visual inspection, | ||||||
11 | questionnaire, or other reasonable method in order to insure | ||||||
12 | that the tax savings resulting from the exemption are credited | ||||||
13 | by the management firm to the apportioned tax liability of each | ||||||
14 | qualifying resident. The chief county assessment officer may | ||||||
15 | request reasonable proof that the management firm has so | ||||||
16 | credited that exemption. | ||||||
17 | Except as provided in this Section, all information | ||||||
18 | received by the chief county assessment officer or the | ||||||
19 | Department from applications filed under this Section, or from | ||||||
20 | any investigation conducted under the provisions of this | ||||||
21 | Section, shall be confidential, except for official purposes or | ||||||
22 | pursuant to official procedures for collection of any State or | ||||||
23 | local tax or enforcement of any civil or criminal penalty or | ||||||
24 | sanction imposed by this Act or by any statute or ordinance | ||||||
25 | imposing a State or local tax. Any person who divulges any such | ||||||
26 | information in any manner, except in accordance with a proper |
| |||||||
| |||||||
1 | judicial order, is guilty of a Class A misdemeanor. | ||||||
2 | Nothing contained in this Section shall prevent the | ||||||
3 | Director or chief county assessment officer from publishing or | ||||||
4 | making available reasonable statistics concerning the | ||||||
5 | operation of the exemption contained in this Section in which | ||||||
6 | the contents of claims are grouped into aggregates in such a | ||||||
7 | way that information contained in any individual claim shall | ||||||
8 | not be disclosed. | ||||||
9 | (d) Each Chief County Assessment Officer shall annually | ||||||
10 | publish a notice of availability of the exemption provided | ||||||
11 | under this Section. The notice shall be published at least 60 | ||||||
12 | days but no more than 75 days prior to the date on which the | ||||||
13 | application must be submitted to the Chief County Assessment | ||||||
14 | Officer of the county in which the property is located. The | ||||||
15 | notice shall appear in a newspaper of general circulation in | ||||||
16 | the county. | ||||||
17 | Notwithstanding any other provision of law, no person who | ||||||
18 | receives an exemption under this Section may receive an | ||||||
19 | exemption under Section 15-172 (senior citizens assessment | ||||||
20 | freeze homestead exemption) or Section 15-177 (long-time | ||||||
21 | occupant homestead exemption) for the same tax year. | ||||||
22 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
23 | no reimbursement by the State is required for the | ||||||
24 | implementation of any mandate created by this Section.
| ||||||
25 | (35 ILCS 200/15-175)
|
| |||||||
| |||||||
1 | Sec. 15-175. General homestead exemption. | ||||||
2 | (a) Except as provided in Sections 15-176 and 15-177, | ||||||
3 | homestead
property is
entitled to an annual homestead exemption | ||||||
4 | limited, except as described here
with relation to | ||||||
5 | cooperatives, to a reduction in the equalized assessed value
of | ||||||
6 | homestead property equal to the increase in equalized assessed | ||||||
7 | value for the
current assessment year above the equalized | ||||||
8 | assessed value of the property for
1977, up to the maximum | ||||||
9 | reduction set forth below. If however, the 1977
equalized | ||||||
10 | assessed value upon which taxes were paid is subsequently | ||||||
11 | determined
by local assessing officials, the Property Tax | ||||||
12 | Appeal Board, or a court to have
been excessive, the equalized | ||||||
13 | assessed value which should have been placed on
the property | ||||||
14 | for 1977 shall be used to determine the amount of the | ||||||
15 | exemption.
| ||||||
16 | (b) Except as provided in Section 15-176, the maximum | ||||||
17 | reduction before taxable year 2004 shall be
$4,500 in counties | ||||||
18 | with 3,000,000 or more
inhabitants
and $3,500 in all other | ||||||
19 | counties. Except as provided in Sections 15-176 and 15-177, for | ||||||
20 | taxable years 2004 through 2007, the maximum reduction shall be | ||||||
21 | $5,000, for taxable year 2008, the maximum reduction is $5,500, | ||||||
22 | and, for taxable years 2009 through 2011, the maximum reduction | ||||||
23 | is $6,000 in all counties. For taxable years 2012 through 2016 | ||||||
24 | and thereafter , the maximum reduction is $7,000 in counties | ||||||
25 | with 3,000,000 or more
inhabitants
and $6,000 in all other | ||||||
26 | counties. For taxable years 2017 and thereafter, the maximum |
| |||||||
| |||||||
1 | reduction is $8,000 in all counties. If a county has elected to | ||||||
2 | subject itself to the provisions of Section 15-176 as provided | ||||||
3 | in subsection (k) of that Section, then, for the first taxable | ||||||
4 | year only after the provisions of Section 15-176 no longer | ||||||
5 | apply, for owners who, for the taxable year, have not been | ||||||
6 | granted a senior citizens assessment freeze homestead | ||||||
7 | exemption under Section 15-172 or a long-time occupant | ||||||
8 | homestead exemption under Section 15-177, there shall be an | ||||||
9 | additional exemption of $5,000 for owners with a household | ||||||
10 | income of $30,000 or less.
| ||||||
11 | (c) In counties with fewer than 3,000,000 inhabitants, if, | ||||||
12 | based on the most
recent assessment, the equalized assessed | ||||||
13 | value of
the homestead property for the current assessment year | ||||||
14 | is greater than the
equalized assessed value of the property | ||||||
15 | for 1977, the owner of the property
shall automatically receive | ||||||
16 | the exemption granted under this Section in an
amount equal to | ||||||
17 | the increase over the 1977 assessment up to the maximum
| ||||||
18 | reduction set forth in this Section.
| ||||||
19 | (d) If in any assessment year beginning with the 2000 | ||||||
20 | assessment year,
homestead property has a pro-rata valuation | ||||||
21 | under
Section 9-180 resulting in an increase in the assessed | ||||||
22 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
23 | the increase in equalized assessed
value of the property for | ||||||
24 | the year of the pro-rata valuation above the
equalized assessed | ||||||
25 | value of the property for 1977 shall be applied to the
property | ||||||
26 | on a proportionate basis for the period the property qualified |
| |||||||
| |||||||
1 | as
homestead property during the assessment year. The maximum | ||||||
2 | proportionate
homestead exemption shall not exceed the maximum | ||||||
3 | homestead exemption allowed in
the county under this Section | ||||||
4 | divided by 365 and multiplied by the number of
days the | ||||||
5 | property qualified as homestead property.
| ||||||
6 | (d-1) In counties with 3,000,000 or more inhabitants, where | ||||||
7 | the chief county assessment officer provides a notice of | ||||||
8 | discovery, if a property is not
occupied by its owner as a | ||||||
9 | principal residence as of January 1 of the current tax year, | ||||||
10 | then the property owner shall notify the chief county | ||||||
11 | assessment officer of that fact on a form prescribed by the | ||||||
12 | chief county assessment officer. That notice must be received | ||||||
13 | by the chief county assessment officer on or before March 1 of | ||||||
14 | the collection year. If mailed, the form shall be sent by | ||||||
15 | certified mail, return receipt requested. If the form is | ||||||
16 | provided in person, the chief county assessment officer shall | ||||||
17 | provide a date stamped copy of the notice. Failure to provide | ||||||
18 | timely notice pursuant to this subsection (d-1) shall result in | ||||||
19 | the exemption being treated as an erroneous exemption. Upon | ||||||
20 | timely receipt of the notice for the current tax year, no | ||||||
21 | exemption shall be applied to the property for the current tax | ||||||
22 | year. If the exemption is not removed upon timely receipt of | ||||||
23 | the notice by the chief assessment officer, then the error is | ||||||
24 | considered granted as a result of a clerical error or omission | ||||||
25 | on the part of the chief county assessment officer as described | ||||||
26 | in subsection (h) of Section 9-275, and the property owner |
| |||||||
| |||||||
1 | shall not be liable for the payment of interest and penalties | ||||||
2 | due to the erroneous exemption for the current tax year for | ||||||
3 | which the notice was filed after the date that notice was | ||||||
4 | timely received pursuant to this subsection. Notice provided | ||||||
5 | under this subsection shall not constitute a defense or amnesty | ||||||
6 | for prior year erroneous exemptions. | ||||||
7 | For the purposes of this subsection (d-1): | ||||||
8 | "Collection year" means the year in which the first and | ||||||
9 | second installment of the current tax year is billed. | ||||||
10 | "Current tax year" means the year prior to the collection | ||||||
11 | year. | ||||||
12 | (e) The chief county assessment officer may, when | ||||||
13 | considering whether to grant a leasehold exemption under this | ||||||
14 | Section, require the following conditions to be met: | ||||||
15 | (1) that a notarized application for the exemption, | ||||||
16 | signed by both the owner and the lessee of the property, | ||||||
17 | must be submitted each year during the application period | ||||||
18 | in effect for the county in which the property is located; | ||||||
19 | (2) that a copy of the lease must be filed with the | ||||||
20 | chief county assessment officer by the owner of the | ||||||
21 | property at the time the notarized application is | ||||||
22 | submitted; | ||||||
23 | (3) that the lease must expressly state that the lessee | ||||||
24 | is liable for the payment of property taxes; and | ||||||
25 | (4) that the lease must include the following language | ||||||
26 | in substantially the following form: |
| |||||||
| |||||||
1 | "Lessee shall be liable for the payment of real | ||||||
2 | estate taxes with respect to the residence in | ||||||
3 | accordance with the terms and conditions of Section | ||||||
4 | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | ||||||
5 | The permanent real estate index number for the premises | ||||||
6 | is (insert number), and, according to the most recent | ||||||
7 | property tax bill, the current amount of real estate | ||||||
8 | taxes associated with the premises is (insert amount) | ||||||
9 | per year. The parties agree that the monthly rent set | ||||||
10 | forth above shall be increased or decreased pro rata | ||||||
11 | (effective January 1 of each calendar year) to reflect | ||||||
12 | any increase or decrease in real estate taxes. Lessee | ||||||
13 | shall be deemed to be satisfying Lessee's liability for | ||||||
14 | the above mentioned real estate taxes with the monthly | ||||||
15 | rent payments as set forth above (or increased or | ||||||
16 | decreased as set forth herein).". | ||||||
17 | In addition, if there is a change in lessee, or if the | ||||||
18 | lessee vacates the property, then the chief county assessment | ||||||
19 | officer may require the owner of the property to notify the | ||||||
20 | chief county assessment officer of that change. | ||||||
21 | This subsection (e) does not apply to leasehold interests | ||||||
22 | in property owned by a municipality. | ||||||
23 | (f) "Homestead property" under this Section includes | ||||||
24 | residential property that is
occupied by its owner or owners as | ||||||
25 | his or their principal dwelling place, or
that is a leasehold | ||||||
26 | interest on which a single family residence is situated,
which |
| |||||||
| |||||||
1 | is occupied as a residence by a person who has an ownership | ||||||
2 | interest
therein, legal or equitable or as a lessee, and on | ||||||
3 | which the person is
liable for the payment of property taxes. | ||||||
4 | For land improved with
an apartment building owned and operated | ||||||
5 | as a cooperative or a building which
is a life care facility as | ||||||
6 | defined in Section 15-170 and considered to
be a cooperative | ||||||
7 | under Section 15-170, the maximum reduction from the equalized
| ||||||
8 | assessed value shall be limited to the increase in the value | ||||||
9 | above the
equalized assessed value of the property for 1977, up | ||||||
10 | to
the maximum reduction set forth above, multiplied by the | ||||||
11 | number of apartments
or units occupied by a person or persons | ||||||
12 | who is liable, by contract with the
owner or owners of record, | ||||||
13 | for paying property taxes on the property and is an
owner of | ||||||
14 | record of a legal or equitable interest in the cooperative
| ||||||
15 | apartment building, other than a leasehold interest. For | ||||||
16 | purposes of this
Section, the term "life care facility" has the | ||||||
17 | meaning stated in Section
15-170.
| ||||||
18 | "Household", as used in this Section,
means the owner, the | ||||||
19 | spouse of the owner, and all persons using
the
residence of the | ||||||
20 | owner as their principal place of residence.
| ||||||
21 | "Household income", as used in this Section,
means the | ||||||
22 | combined income of the members of a household
for the calendar | ||||||
23 | year preceding the taxable year.
| ||||||
24 | "Income", as used in this Section,
has the same meaning as | ||||||
25 | provided in Section 3.07 of the Senior
Citizens
and Persons | ||||||
26 | with Disabilities Property Tax Relief Act,
except that
"income" |
| |||||||
| |||||||
1 | does not include veteran's benefits.
| ||||||
2 | (g) In a cooperative where a homestead exemption has been | ||||||
3 | granted, the
cooperative association or its management firm | ||||||
4 | shall credit the savings
resulting from that exemption only to | ||||||
5 | the apportioned tax liability of the
owner who qualified for | ||||||
6 | the exemption. Any person who willfully refuses to so
credit | ||||||
7 | the savings shall be guilty of a Class B misdemeanor.
| ||||||
8 | (h) Where married persons maintain and reside in separate | ||||||
9 | residences qualifying
as homestead property, each residence | ||||||
10 | shall receive 50% of the total reduction
in equalized assessed | ||||||
11 | valuation provided by this Section.
| ||||||
12 | (i) In all counties, the assessor
or chief county | ||||||
13 | assessment officer may determine the
eligibility of | ||||||
14 | residential property to receive the homestead exemption and the | ||||||
15 | amount of the exemption by
application, visual inspection, | ||||||
16 | questionnaire or other reasonable methods. The
determination | ||||||
17 | shall be made in accordance with guidelines established by the
| ||||||
18 | Department, provided that the taxpayer applying for an | ||||||
19 | additional general exemption under this Section shall submit to | ||||||
20 | the chief county assessment officer an application with an | ||||||
21 | affidavit of the applicant's total household income, age, | ||||||
22 | marital status (and, if married, the name and address of the | ||||||
23 | applicant's spouse, if known), and principal dwelling place of | ||||||
24 | members of the household on January 1 of the taxable year. The | ||||||
25 | Department shall issue guidelines establishing a method for | ||||||
26 | verifying the accuracy of the affidavits filed by applicants |
| |||||||
| |||||||
1 | under this paragraph. The applications shall be clearly marked | ||||||
2 | as applications for the Additional General Homestead | ||||||
3 | Exemption.
| ||||||
4 | (i-5) This subsection (i-5) applies to counties with | ||||||
5 | 3,000,000 or more inhabitants. In the event of a sale of
| ||||||
6 | homestead property, the homestead exemption shall remain in | ||||||
7 | effect for the remainder of the assessment year of the sale. | ||||||
8 | Upon receipt of a transfer declaration transmitted by the | ||||||
9 | recorder pursuant to Section 31-30 of the Real Estate Transfer | ||||||
10 | Tax Law for property receiving an exemption under this Section, | ||||||
11 | the assessor shall mail a notice and forms to the new owner of | ||||||
12 | the property providing information pertaining to the rules and | ||||||
13 | applicable filing periods for applying or reapplying for | ||||||
14 | homestead exemptions under this Code for which the property may | ||||||
15 | be eligible. If the new owner fails to apply or reapply for a | ||||||
16 | homestead exemption during the applicable filing period or the | ||||||
17 | property no longer qualifies for an existing homestead | ||||||
18 | exemption, the assessor shall cancel such exemption for any | ||||||
19 | ensuing assessment year. | ||||||
20 | (j) In counties with fewer than 3,000,000 inhabitants, in | ||||||
21 | the event of a sale
of
homestead property the homestead | ||||||
22 | exemption shall remain in effect for the
remainder of the | ||||||
23 | assessment year of the sale. The assessor or chief county
| ||||||
24 | assessment officer may require the new
owner of the property to | ||||||
25 | apply for the homestead exemption for the following
assessment | ||||||
26 | year.
|
| |||||||
| |||||||
1 | (k) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
2 | Act, no reimbursement by the State is required for the | ||||||
3 | implementation of any mandate created by this Section.
| ||||||
4 | (Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143, | ||||||
5 | eff. 7-27-15; 99-164, eff. 7-28-15; 99-642, eff. 7-28-16; | ||||||
6 | 99-851, eff. 8-19-16.)
| ||||||
7 | (35 ILCS 200/15-178 new) | ||||||
8 | Sec. 15-178. The statewide long-time occupant homestead | ||||||
9 | exemption. | ||||||
10 | (a) For taxable years 2017 and thereafter, homestead | ||||||
11 | property that is occupied as a principal residence by a | ||||||
12 | long-time occupant is entitled to an annual homestead exemption | ||||||
13 | equal to a reduction in the property's equalized assessed value | ||||||
14 | calculated as provided in subsection (b) of this Section. | ||||||
15 | (b) The amount of the reduction shall be as follows: | ||||||
16 | (1) if the taxpayer has occupied the property as his or | ||||||
17 | her principal residence for not fewer than 8 but not more | ||||||
18 | than 11 years as of January 1 of the taxable year, then the | ||||||
19 | amount of the reduction shall be 25% of the amount of the | ||||||
20 | general homestead exemption under Section 15-175 for the | ||||||
21 | taxable year; | ||||||
22 | (2) if the taxpayer has occupied the property as his or | ||||||
23 | her principal residence for not fewer than 11 but not more | ||||||
24 | than 16 years as of January 1 of the taxable year, then the | ||||||
25 | amount of the reduction shall be 35% of the amount of the |
| |||||||
| |||||||
1 | general homestead exemption under Section 15-175 for the | ||||||
2 | taxable year; | ||||||
3 | (3) if the taxpayer has occupied the property as his or | ||||||
4 | her principal residence for not fewer than 16 but not more | ||||||
5 | than 21 years as of January 1 of the taxable year, then the | ||||||
6 | amount of the reduction shall be 45% of the amount of the | ||||||
7 | general homestead exemption under Section 15-175 for the | ||||||
8 | taxable year; and | ||||||
9 | (4) if the taxpayer has occupied the property as his or | ||||||
10 | her principal residence for 21 years or more as of January | ||||||
11 | 1 of the taxable year, then the amount of the reduction | ||||||
12 | shall be 60% of the amount of the general homestead | ||||||
13 | exemption under Section 15-175 for the taxable year. | ||||||
14 | (c) In the case of an apartment building owned and operated | ||||||
15 | as a cooperative or a life care facility that contains | ||||||
16 | residential units that qualify as homestead property of a | ||||||
17 | long-time occupant under this Section, the maximum cumulative | ||||||
18 | exemption amount attributed to the entire building or facility | ||||||
19 | shall not exceed the sum of the exemptions calculated for each | ||||||
20 | unit that is homestead property of a long-time occupant. The | ||||||
21 | cooperative association, management firm, or other person or | ||||||
22 | entity that manages or controls the cooperative apartment | ||||||
23 | building or life care facility shall credit the exemption | ||||||
24 | attributable to each residential unit only to the apportioned | ||||||
25 | tax liability of the long-time occupant of that unit. Any | ||||||
26 | person who willfully refuses to so credit the exemption is |
| |||||||
| |||||||
1 | guilty of a Class B misdemeanor. | ||||||
2 | (d) To receive the exemption, a person must submit an | ||||||
3 | application to the county assessor during the period specified | ||||||
4 | by the county assessor. | ||||||
5 | Notwithstanding any other provision of law, no person who | ||||||
6 | receives an exemption under this Section may receive an | ||||||
7 | exemption under Section 15-177 (long-time occupant homestead | ||||||
8 | exemption) for the same tax year. | ||||||
9 | (e) As used in this Section: | ||||||
10 | "Equalized assessed value" means the property's assessed | ||||||
11 | value as equalized by the Department. | ||||||
12 | "Homestead" or "homestead property" means residential | ||||||
13 | property that, as of January 1 of the tax year, is owned and | ||||||
14 | occupied by a long-time occupant as his or her principal | ||||||
15 | dwelling place, or that is a leasehold interest on which a | ||||||
16 | single family residence is situated, that is occupied as a | ||||||
17 | residence by a long-time occupant who has a legal or equitable | ||||||
18 | interest therein evidenced by a written instrument, as an owner | ||||||
19 | or as a lessee, and on which the long-time occupant is liable | ||||||
20 | for the payment of property taxes. Residential units in an | ||||||
21 | apartment building owned and operated as a cooperative, or as a | ||||||
22 | life care facility, which are occupied by persons who hold a | ||||||
23 | legal or equitable interest in the cooperative apartment | ||||||
24 | building or life care facility as owners or lessees, and who | ||||||
25 | are liable by contract for the payment of property taxes, are | ||||||
26 | included within this definition of homestead property. A |
| |||||||
| |||||||
1 | homestead includes the dwelling place, appurtenant structures, | ||||||
2 | and so much of the surrounding land constituting the parcel on | ||||||
3 | which the dwelling place is situated as is used for residential | ||||||
4 | purposes. If the assessor has established a specific legal | ||||||
5 | description for a portion of property constituting the | ||||||
6 | homestead, then the homestead is limited to the property within | ||||||
7 | that description. | ||||||
8 | "Long-time occupant" means an individual who (i) for at | ||||||
9 | least 8 continuous years as of
January 1 of the taxable year, | ||||||
10 | has occupied the same homestead property as a principal | ||||||
11 | residence and domicile and (ii) has a household income of | ||||||
12 | $100,000 or less. | ||||||
13 | "Household income" has the meaning set forth under Section | ||||||
14 | 15-172 of this Code. | ||||||
15 | (f) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
16 | Act, no reimbursement by the State is required for the | ||||||
17 | implementation of any mandate created by this Section.
| ||||||
18 | Section 10. The Senior Citizens Real Estate Tax Deferral | ||||||
19 | Act is amended by changing Section 3 as follows:
| ||||||
20 | (320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
| ||||||
21 | Sec. 3.
A taxpayer may, on or before March 1 of each year,
| ||||||
22 | apply to the county collector of the county where his | ||||||
23 | qualifying
property is located, or to the official designated | ||||||
24 | by a unit of local
government to collect special assessments on |
| |||||||
| |||||||
1 | the qualifying property, as the
case may be, for a deferral of | ||||||
2 | all or a part of real estate taxes payable
during that year for | ||||||
3 | the preceding year in the case of real estate taxes
other than | ||||||
4 | special assessments, or for a deferral of any installments | ||||||
5 | payable
during that year in the case of special assessments, on | ||||||
6 | all or part of his
qualifying property. The application shall | ||||||
7 | be on a form prescribed by the
Department and furnished by the | ||||||
8 | collector,
(a) showing that the applicant
will be 65 years of | ||||||
9 | age or older by June 1 of the year for which a tax
deferral is | ||||||
10 | claimed, (b) describing the property and verifying that the
| ||||||
11 | property is qualifying property as defined in Section 2, (c) | ||||||
12 | certifying
that the taxpayer has owned and occupied as his | ||||||
13 | residence such
property or other qualifying property in the | ||||||
14 | State for at least the last 3
years except for any periods | ||||||
15 | during which the taxpayer may have temporarily
resided in a | ||||||
16 | nursing or sheltered care home, and (d) specifying whether
the | ||||||
17 | deferral is for all or a part of the taxes, and, if for a part, | ||||||
18 | the amount
of deferral applied for. As to qualifying property | ||||||
19 | not having a separate
assessed valuation, the taxpayer shall | ||||||
20 | also file with the county collector a
written appraisal of the | ||||||
21 | property prepared by a qualified real estate appraiser
together | ||||||
22 | with a certificate signed by the appraiser stating that he has
| ||||||
23 | personally examined the property and setting forth the value of | ||||||
24 | the land and
the value of the buildings thereon occupied by the | ||||||
25 | taxpayer as his residence.
| ||||||
26 | The collector shall grant the tax deferral provided such |
| |||||||
| |||||||
1 | deferral does not
exceed funds available in the Senior Citizens | ||||||
2 | Real Estate Deferred Tax
Revolving Fund and provided that the | ||||||
3 | owner or owners of such real property have
entered into a tax | ||||||
4 | deferral and recovery agreement with the collector on behalf
of | ||||||
5 | the county or other unit of local government, which agreement | ||||||
6 | expressly
states:
| ||||||
7 | (1) That the total amount of taxes deferred under this Act, | ||||||
8 | plus
interest, for the year for which a tax deferral is claimed | ||||||
9 | as well
as for those previous years for which taxes are not | ||||||
10 | delinquent and
for which such deferral has been claimed may not | ||||||
11 | exceed 80%
of the taxpayer's equity interest in the property | ||||||
12 | for which taxes are
to be deferred and that, if the total | ||||||
13 | deferred taxes plus interest equals
80% of the taxpayer's | ||||||
14 | equity interest in the property, the taxpayer shall
thereafter | ||||||
15 | pay the annual interest due on such deferred taxes plus | ||||||
16 | interest
so that total deferred taxes plus interest will not | ||||||
17 | exceed such 80% of the
taxpayer's equity interest in the | ||||||
18 | property. For Effective as of the January 1, 2011 assessment | ||||||
19 | year or tax year 2012 through assessment year 2016 and | ||||||
20 | thereafter , the total amount of any such deferral shall not | ||||||
21 | exceed $5,000 per taxpayer in each tax year. For the 2017 | ||||||
22 | assessment year and thereafter, the total amount of any such | ||||||
23 | deferral shall not exceed $6,000 per taxpayer in each tax year.
| ||||||
24 | (2) That any real estate taxes deferred under this Act and | ||||||
25 | any
interest accrued thereon at the rate of 6% per year are a | ||||||
26 | lien on the real
estate and improvements thereon until paid. No |
| |||||||
| |||||||
1 | sale or transfer of such
real property may be legally closed | ||||||
2 | and recorded until the taxes
which would otherwise have been | ||||||
3 | due on the property, plus accrued
interest, have been paid | ||||||
4 | unless the collector certifies in
writing that an arrangement | ||||||
5 | for prompt payment of the amount due
has been made with his | ||||||
6 | office. The same shall apply if the
property is to be made the | ||||||
7 | subject of a contract of sale.
| ||||||
8 | (3) That upon the death of the taxpayer claiming the | ||||||
9 | deferral
the heirs-at-law, assignees or legatees shall have | ||||||
10 | first
priority to the real property upon which taxes have been | ||||||
11 | deferred
by paying in full the total taxes which would | ||||||
12 | otherwise have been due,
plus interest. However, if such | ||||||
13 | heir-at-law, assignee, or legatee
is a surviving spouse, the | ||||||
14 | tax deferred status of the
property shall be continued during | ||||||
15 | the life of that surviving spouse
if the spouse is 55 years of | ||||||
16 | age or older within 6 months of the
date of death of the | ||||||
17 | taxpayer and enters into a tax deferral and
recovery agreement | ||||||
18 | before the time when deferred taxes become due
under this | ||||||
19 | Section. Any additional taxes deferred, plus interest,
on the | ||||||
20 | real property under a tax deferral and recovery agreement
| ||||||
21 | signed by a surviving spouse shall be added to the taxes and | ||||||
22 | interest
which would otherwise have been due, and the payment | ||||||
23 | of which has been
postponed during the life of such surviving | ||||||
24 | spouse, in determining
the 80% equity requirement provided by | ||||||
25 | this Section.
| ||||||
26 | (4) That if the taxes due, plus interest, are not paid by |
| |||||||
| |||||||
1 | the heir-at-law,
assignee or legatee or if payment is not | ||||||
2 | postponed during the life of a
surviving spouse, the deferred | ||||||
3 | taxes and interest shall be recovered from the
estate of the | ||||||
4 | taxpayer within one year of the date of his death. In addition,
| ||||||
5 | deferred real estate taxes and any interest accrued thereon are | ||||||
6 | due within 90
days after any tax deferred property ceases to be | ||||||
7 | qualifying property as
defined in Section 2.
| ||||||
8 | If payment is not made when required by this Section, | ||||||
9 | foreclosure proceedings
may be instituted under the Property | ||||||
10 | Tax Code.
| ||||||
11 | (5) That any joint owner has given written prior approval | ||||||
12 | for such
agreement,
which written approval shall be made a part | ||||||
13 | of such agreement.
| ||||||
14 | (6) That a guardian for a person under legal disability | ||||||
15 | appointed for a
taxpayer who otherwise qualifies under this Act | ||||||
16 | may act for the taxpayer in
complying with this Act.
| ||||||
17 | (7) That a taxpayer or his agent has provided to the | ||||||
18 | satisfaction of the
collector, sufficient evidence that the | ||||||
19 | qualifying property on which the taxes
are to be deferred is | ||||||
20 | insured against fire or casualty loss for at least the
total | ||||||
21 | amount of taxes which have been deferred.
| ||||||
22 | If the taxes to be deferred are special assessments, the | ||||||
23 | unit of local
government making the assessments shall forward a | ||||||
24 | copy of the agreement
entered into pursuant to this Section and | ||||||
25 | the bills for such assessments to
the county collector of the | ||||||
26 | county in which the qualifying property is located.
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1 | (Source: P.A. 97-481, eff. 8-22-11.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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