Bill Text: IL SB1379 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income producing property shall submit income and expense data related to the property annually to the chief county assessment officer. Provides that, in counties with fewer than 3,000,000 inhabitants, the county board may provide by resolution that taxpayers of income producing property shall submit income and expense data annually to the chief county assessment officer. Provides that, when determining the value of property for assessment purposes, the assessor may consider all relevant information pertaining to the fair cash value of the property, including, but not limited to, income and expense data, sales data, property characteristics data, construction cost data, appraisals, and other valuation information. Effective immediately.

Spectrum: Partisan Bill (Democrat 56-0)

Status: (Engrossed) 2019-05-29 - Added Alternate Co-Sponsor Rep. Jehan Gordon-Booth [SB1379 Detail]

Download: Illinois-2019-SB1379-Engrossed.html



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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by adding
5Division 6 to Article 9 as follows:
6 (35 ILCS 200/Art. 9 Div. 6 heading new)
7
Division 6. Income-Producing Property
8 (35 ILCS 200/9-280 new)
9 Sec. 9-280. Definitions. As used in this Article:
10 "Income and expense data" means annual reports or documents
11created in the ordinary course of business documenting income
12generated from and expenses associated with income-producing
13property. The term "income and expense data" includes Internal
14Revenue Service Schedule E or Schedule 8825 tax forms, annual
15reports, rent rolls, and certified or uncertified annual income
16and expense statements reflecting revenue and costs
17attributable to the property for the current and immediately
18preceding calendar year.
19 "Income-producing property" means property that is not
20exclusively owner-occupied property and is owned for the
21purpose of generating income from the property itself, whether
22or not that property actually generates income in a particular

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1year, and includes hotels and motels, parking garages and lots,
2senior and adult care facilities, and self-storage facilities,
3but does not include:
4 (1) property with an assessed value of $100,000 or less
5 in the most recent assessment year;
6 (2) residential property containing 6 or fewer
7 dwelling units;
8 (3) property assessed as a farm under Section 10-110 of
9 this Code and improvements or dwellings located on
10 farmland; or
11 (4) property that is assessed by the Department under
12 Article 11 of this Code.
13 "Owner-occupied property" means property that is occupied
14by the owner of the property or by a related person or entity,
15as described in subsection (b) of Section 267 of the Internal
16Revenue Code.
17 "Taxpayer" means the person responsible for paying
18property taxes on the property or his or her designee.
19 "Property" has the meaning set forth in Section 1-130 of
20this Code and includes contiguous parcels or property index
21numbers that comprise one functional property location.
22 (35 ILCS 200/9-281 new)
23 Sec. 9-281. Income-producing properties.
24 (a) In counties with 3,000,000 or more inhabitants,
25taxpayers of income-producing property shall submit income and

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1expense data annually to the chief county assessment officer on
2or before July 1 of each year. If a taxpayer is required to
3submit income and expense data under this Article, the chief
4county assessment officer shall notify the taxpayer of that
5fact along with the deadline for the submission of that data.
6The chief county assessment officer may extend the time within
7which taxpayers are required to submit income and expense data
8under this Section for good cause shown in accordance with
9rules adopted under this Section.
10 If federal tax forms are not complete or available for the
11most recent tax year by the deadline for the submission of
12income and expense data under this Section, the taxpayer shall
13submit federal tax forms for the most recent taxable year for
14which returns have been filed for the property in question and
15submit current federal tax forms upon their completion and
16filing with the Internal Revenue Service.
17 Taxpayers shall certify under oath in a signed attestation
18that the income and expense data submitted is true, accurate,
19and complete.
20 (b) In counties with fewer than 3,000,000 inhabitants, the
21county board may provide by resolution that taxpayers of
22income-producing property shall submit income and expense data
23annually to the chief county assessment officer on or before
24March 30 of each year. If a taxpayer is required to submit
25income and expense data under this Article, the chief county
26assessment officer shall notify the taxpayer of that fact along

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1with the deadline for the submission of that data. The chief
2county assessment officer may extend the time within which
3taxpayers are required to submit income and expense data under
4this Section for good cause shown in accordance with rules
5adopted under this Section.
6 If federal tax forms are not complete or available for the
7most recent tax year by the deadline for the submission of
8income and expense data under this Section, the taxpayer shall
9submit federal tax forms for the most recent taxable year for
10which returns have been filed for the property in question and
11submit current federal tax forms upon their completion and
12filing with the Internal Revenue Service.
13 Taxpayers shall certify under oath in a signed attestation
14that the income and expense data submitted is true, accurate,
15and complete.
16 (c) The chief county assessment officer of (i) a county
17with 3,000,000 or more inhabitants or (ii) a county that has
18adopted by resolution under the provisions of subsection (b)
19shall establish rules regarding the submission of income and
20expense data and the administration of this Section in the
21county. Income and expense data may be submitted in electronic
22form.
23 (d) If a taxpayer fails to submit income and expense data
24as required under this Section, or as required after the
25adoption of a resolution under this Section, within the time
26prescribed, or within an extended period as permitted by the

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1chief county assessment officer, the assessor shall send notice
2to the taxpayer of the failure to comply. If the taxpayer fails
3to submit the required data within 60 days after such notice is
4sent, the taxpayer shall pay a penalty to the chief county
5assessment officer of 0.05% of the prior year's market value,
6as indicated by the most recent certified assessed value for
7the property at issue, but in no case shall the taxpayer be
8obligated to pay more than $100,000 per property.
9 A taxpayer may contest the penalty and requirement to
10report income and expense data in a particular year and submit
11evidence to the chief county assessment officer in support of
12the contention that income and expense data was not required to
13be submitted or that the submission of income and expense data
14complies with this requirement based on available
15documentation. The chief county assessment officer shall
16review the taxpayer's submission and determine whether the
17taxpayer provided sufficient evidence indicating that the
18taxpayer was not required to report income and expense data or
19that the submission complies based on available documentation.
20 If a taxpayer is dissatisfied with a decision of the chief
21county assessment officer, a taxpayer may request review of
22that decision. Upon such a request, at least 30 days' notice
23shall be provided to the taxpayer of a hearing to be conducted
24by a hearing officer designated by the chief county assessment
25officer. If a taxpayer is unsuccessful at hearing, the penalty
26shall bear interest at 0.05% per month.

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1 The State's Attorney of the county in which the property is
2located shall have power to act on behalf of the people and the
3chief county assessment officer to initiate or enforce the
4provisions of this Section, including the power to compel by
5subpoena the production of taxpayer income and expense data
6that is required to be produced under this Section.
7 (e) Penalties and interest collected by the chief county
8assessment officer under this Section for a taxpayer's failure
9to timely submit income and expense data shall be collected in
10the same manner as other fees collected by the chief county
11assessment officer. Such revenue shall be deposited with the
12county treasurer in the county general fund of the county in
13which the property is located, with 75% of the revenue to be
14used for the benefit of the office of the chief county
15assessment officer and 25% to be used for the benefit of the
16county.
17 (f) Any personal data such as federal identification or
18social security numbers and income tax forms that are included
19in income and expense data produced under this Section shall be
20deemed private information and exempt from disclosure under the
21Freedom of Information Act. Non-personal income and expense
22data shall not be subject to disclosure in accordance with the
23Freedom of Information Act or other applicable law. Nothing in
24this Section prohibits a chief county assessment officer from
25disclosing compiled and anonymized income and expense data.
26Data that is compiled and anonymized shall not indicate

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1individual property characteristics in a manner that reveals
2the identity of individual properties.
3 (g) All information received by the chief county assessment
4officer from income and expense data filed under this Article
5shall be used only for official purposes. Any person who
6divulges income and expense data submitted under this Article,
7other than as permitted in this Article, in accordance with a
8proper judicial order, or as otherwise provided by law, shall
9be guilty of a Class B misdemeanor and subject to a fine not to
10exceed $7,500.
11 Section 99. Effective date. This Act takes effect upon
12becoming law.
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