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Public Act 100-0401
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| SB0473 Enrolled | LRB100 05138 HLH 15148 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing |
Sections 15-170, 15-172, and 15-175 as follows:
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(35 ILCS 200/15-170) |
Sec. 15-170. Senior Citizens Homestead Exemption. An |
annual homestead
exemption limited, except as described here |
with relation to cooperatives or
life care facilities, to a
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maximum reduction set forth below from the property's value, as |
equalized or
assessed by the Department, is granted for |
property that is occupied as a
residence by a person 65 years |
of age or older who is liable for paying real
estate taxes on |
the property and is an owner of record of the property or has a
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legal or equitable interest therein as evidenced by a written |
instrument,
except for a leasehold interest, other than a |
leasehold interest of land on
which a single family residence |
is located, which is occupied as a residence by
a person 65 |
years or older who has an ownership interest therein, legal,
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equitable or as a lessee, and on which he or she is liable for |
the payment
of property taxes. Before taxable year 2004, the |
maximum reduction shall be $2,500 in counties with
3,000,000 or |
more inhabitants and $2,000 in all other counties. For taxable |
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years 2004 through 2005, the maximum reduction shall be $3,000 |
in all counties. For taxable years 2006 and 2007, the maximum |
reduction shall be $3,500. For taxable years 2008 through 2011, |
the maximum reduction is $4,000 in all counties.
For taxable |
year 2012, the maximum reduction is $5,000 in counties with
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3,000,000 or more inhabitants and $4,000 in all other counties. |
For taxable years 2013 through 2016 and thereafter, the maximum |
reduction is $5,000 in all counties. For taxable years 2017 and |
thereafter, the maximum reduction is $8,000 in counties with |
3,000,000 or more inhabitants and $5,000 in all other counties. |
For land
improved with an apartment building owned and |
operated as a cooperative, the maximum reduction from the value |
of the property, as
equalized
by the Department, shall be |
multiplied by the number of apartments or units
occupied by a |
person 65 years of age or older who is liable, by contract with
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the owner or owners of record, for paying property taxes on the |
property and
is an owner of record of a legal or equitable |
interest in the cooperative
apartment building, other than a |
leasehold interest. For land improved with
a life care |
facility, the maximum reduction from the value of the property, |
as
equalized by the Department, shall be multiplied by the |
number of apartments or
units occupied by persons 65 years of |
age or older, irrespective of any legal,
equitable, or |
leasehold interest in the facility, who are liable, under a
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contract with the owner or owners of record of the facility, |
for paying
property taxes on the property. In a
cooperative or |
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a life care facility where a
homestead exemption has been |
granted, the cooperative association or the
management firm of |
the cooperative or facility shall credit the savings
resulting |
from that exemption only to
the apportioned tax liability of |
the owner or resident who qualified for
the exemption.
Any |
person who willfully refuses to so credit the savings shall be |
guilty of a
Class B misdemeanor. Under this Section and |
Sections 15-175, 15-176, and 15-177, "life care
facility" means |
a facility, as defined in Section 2 of the Life Care Facilities
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Act, with which the applicant for the homestead exemption has a |
life care
contract as defined in that Act. |
When a homestead exemption has been granted under this |
Section and the person
qualifying subsequently becomes a |
resident of a facility licensed under the Assisted Living and |
Shared Housing Act, the Nursing Home Care Act, the Specialized |
Mental Health Rehabilitation Act of 2013, the ID/DD Community |
Care Act, or the MC/DD Act, the exemption shall continue so |
long as the residence
continues to be occupied by the |
qualifying person's spouse if the spouse is 65
years of age or |
older, or if the residence remains unoccupied but is still
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owned by the person qualified for the homestead exemption. |
A person who will be 65 years of age
during the current |
assessment year
shall
be eligible to apply for the homestead |
exemption during that assessment
year.
Application shall be |
made during the application period in effect for the
county of |
his residence. |
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Beginning with assessment year 2003, for taxes payable in |
2004,
property
that is first occupied as a residence after |
January 1 of any assessment year by
a person who is eligible |
for the senior citizens homestead exemption under this
Section |
must be granted a pro-rata exemption for the assessment year. |
The
amount of the pro-rata exemption is the exemption
allowed |
in the county under this Section divided by 365 and multiplied |
by the
number of days during the assessment year the property |
is occupied as a
residence by a
person eligible for the |
exemption under this Section. The chief county
assessment |
officer must adopt reasonable procedures to establish |
eligibility
for this pro-rata exemption. |
The assessor or chief county assessment officer may |
determine the eligibility
of a life care facility to receive |
the benefits provided by this Section, by
affidavit, |
application, visual inspection, questionnaire or other |
reasonable
methods in order to insure that the tax savings |
resulting from the exemption
are credited by the management |
firm to the apportioned tax liability of each
qualifying |
resident. The assessor may request reasonable proof that the
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management firm has so credited the exemption. |
The chief county assessment officer of each county with |
less than 3,000,000
inhabitants shall provide to each person |
allowed a homestead exemption under
this Section a form to |
designate any other person to receive a
duplicate of any notice |
of delinquency in the payment of taxes assessed and
levied |
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under this Code on the property of the person receiving the |
exemption.
The duplicate notice shall be in addition to the |
notice required to be
provided to the person receiving the |
exemption, and shall be given in the
manner required by this |
Code. The person filing the request for the duplicate
notice |
shall pay a fee of $5 to cover administrative costs to the |
supervisor of
assessments, who shall then file the executed |
designation with the county
collector. Notwithstanding any |
other provision of this Code to the contrary,
the filing of |
such an executed designation requires the county collector to
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provide duplicate notices as indicated by the designation. A |
designation may
be rescinded by the person who executed such |
designation at any time, in the
manner and form required by the |
chief county assessment officer. |
The assessor or chief county assessment officer may |
determine the
eligibility of residential property to receive |
the homestead exemption provided
by this Section by |
application, visual inspection, questionnaire or other
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reasonable methods. The determination shall be made in |
accordance with
guidelines established by the Department. |
In counties with 3,000,000 or more inhabitants, beginning |
in taxable year 2010, each taxpayer who has been granted an |
exemption under this Section must reapply on an annual basis. |
The chief county assessment officer shall mail the application |
to the taxpayer. In counties with less than 3,000,000 |
inhabitants, the county board may by
resolution provide that if |
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a person has been granted a homestead exemption
under this |
Section, the person qualifying need not reapply for the |
exemption. |
In counties with less than 3,000,000 inhabitants, if the |
assessor or chief
county assessment officer requires annual |
application for verification of
eligibility for an exemption |
once granted under this Section, the application
shall be |
mailed to the taxpayer. |
The assessor or chief county assessment officer shall |
notify each person
who qualifies for an exemption under this |
Section that the person may also
qualify for deferral of real |
estate taxes under the Senior Citizens Real Estate
Tax Deferral |
Act. The notice shall set forth the qualifications needed for
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deferral of real estate taxes, the address and telephone number |
of
county collector, and a
statement that applications for |
deferral of real estate taxes may be obtained
from the county |
collector. |
Notwithstanding Sections 6 and 8 of the State Mandates Act, |
no
reimbursement by the State is required for the |
implementation of any mandate
created by this Section. |
(Source: P.A. 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; 98-756, |
eff. 7-16-14; 99-180, eff. 7-29-15.)
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(35 ILCS 200/15-172)
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Sec. 15-172. Senior Citizens Assessment Freeze Homestead |
Exemption.
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(a) This Section may be cited as the Senior Citizens |
Assessment
Freeze Homestead Exemption.
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(b) As used in this Section:
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"Applicant" means an individual who has filed an |
application under this
Section.
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"Base amount" means the base year equalized assessed value |
of the residence
plus the first year's equalized assessed value |
of any added improvements which
increased the assessed value of |
the residence after the base year.
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"Base year" means the taxable year prior to the taxable |
year for which the
applicant first qualifies and applies for |
the exemption provided that in the
prior taxable year the |
property was improved with a permanent structure that
was |
occupied as a residence by the applicant who was liable for |
paying real
property taxes on the property and who was either |
(i) an owner of record of the
property or had legal or |
equitable interest in the property as evidenced by a
written |
instrument or (ii) had a legal or equitable interest as a |
lessee in the
parcel of property that was single family |
residence.
If in any subsequent taxable year for which the |
applicant applies and
qualifies for the exemption the equalized |
assessed value of the residence is
less than the equalized |
assessed value in the existing base year
(provided that such |
equalized assessed value is not
based
on an
assessed value that |
results from a temporary irregularity in the property that
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reduces the
assessed value for one or more taxable years), then |
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that
subsequent taxable year shall become the base year until a |
new base year is
established under the terms of this paragraph. |
For taxable year 1999 only, the
Chief County Assessment Officer |
shall review (i) all taxable years for which
the
applicant |
applied and qualified for the exemption and (ii) the existing |
base
year.
The assessment officer shall select as the new base |
year the year with the
lowest equalized assessed value.
An |
equalized assessed value that is based on an assessed value |
that results
from a
temporary irregularity in the property that |
reduces the assessed value for one
or more
taxable years shall |
not be considered the lowest equalized assessed value.
The |
selected year shall be the base year for
taxable year 1999 and |
thereafter until a new base year is established under the
terms |
of this paragraph.
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"Chief County Assessment Officer" means the County |
Assessor or Supervisor of
Assessments of the county in which |
the property is located.
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"Equalized assessed value" means the assessed value as |
equalized by the
Illinois Department of Revenue.
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"Household" means the applicant, the spouse of the |
applicant, and all persons
using the residence of the applicant |
as their principal place of residence.
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"Household income" means the combined income of the members |
of a household
for the calendar year preceding the taxable |
year.
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"Income" has the same meaning as provided in Section 3.07 |
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of the Senior
Citizens and Persons with Disabilities Property |
Tax Relief
Act, except that, beginning in assessment year 2001, |
"income" does not
include veteran's benefits.
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"Internal Revenue Code of 1986" means the United States |
Internal Revenue Code
of 1986 or any successor law or laws |
relating to federal income taxes in effect
for the year |
preceding the taxable year.
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"Life care facility that qualifies as a cooperative" means |
a facility as
defined in Section 2 of the Life Care Facilities |
Act.
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"Maximum income limitation" means: |
(1) $35,000 prior
to taxable year 1999; |
(2) $40,000 in taxable years 1999 through 2003; |
(3) $45,000 in taxable years 2004 through 2005; |
(4) $50,000 in taxable years 2006 and 2007; and |
(5) $55,000 in taxable years 2008 through 2016; year |
2008 and thereafter.
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(6) for taxable year 2017, (i) $65,000 for qualified |
property located in a county with 3,000,000 or more |
inhabitants and (ii) $55,000 for qualified property |
located in a county with fewer than 3,000,000 inhabitants; |
and |
(7) for taxable years 2018 and thereafter, $65,000 for |
all qualified property. |
"Residence" means the principal dwelling place and |
appurtenant structures
used for residential purposes in this |
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State occupied on January 1 of the
taxable year by a household |
and so much of the surrounding land, constituting
the parcel |
upon which the dwelling place is situated, as is used for
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residential purposes. If the Chief County Assessment Officer |
has established a
specific legal description for a portion of |
property constituting the
residence, then that portion of |
property shall be deemed the residence for the
purposes of this |
Section.
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"Taxable year" means the calendar year during which ad |
valorem property taxes
payable in the next succeeding year are |
levied.
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(c) Beginning in taxable year 1994, a senior citizens |
assessment freeze
homestead exemption is granted for real |
property that is improved with a
permanent structure that is |
occupied as a residence by an applicant who (i) is
65 years of |
age or older during the taxable year, (ii) has a household |
income that does not exceed the maximum income limitation, |
(iii) is liable for paying real property taxes on
the
property, |
and (iv) is an owner of record of the property or has a legal or
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equitable interest in the property as evidenced by a written |
instrument. This
homestead exemption shall also apply to a |
leasehold interest in a parcel of
property improved with a |
permanent structure that is a single family residence
that is |
occupied as a residence by a person who (i) is 65 years of age |
or older
during the taxable year, (ii) has a household income |
that does not exceed the maximum income limitation,
(iii)
has a |
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legal or equitable ownership interest in the property as |
lessee, and (iv)
is liable for the payment of real property |
taxes on that property.
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In counties of 3,000,000 or more inhabitants, the amount of |
the exemption for all taxable years is the equalized assessed |
value of the
residence in the taxable year for which |
application is made minus the base
amount. In all other |
counties, the amount of the exemption is as follows: (i) |
through taxable year 2005 and for taxable year 2007 and |
thereafter, the amount of this exemption shall be the equalized |
assessed value of the
residence in the taxable year for which |
application is made minus the base
amount; and (ii) for
taxable |
year 2006, the amount of the exemption is as follows:
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(1) For an applicant who has a household income of |
$45,000 or less, the amount of the exemption is the |
equalized assessed value of the
residence in the taxable |
year for which application is made minus the base
amount. |
(2) For an applicant who has a household income |
exceeding $45,000 but not exceeding $46,250, the amount of |
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.8. |
(3) For an applicant who has a household income |
exceeding $46,250 but not exceeding $47,500, the amount of |
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made |
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minus the base
amount (ii) multiplied by 0.6. |
(4) For an applicant who has a household income |
exceeding $47,500 but not exceeding $48,750, the amount of |
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.4. |
(5) For an applicant who has a household income |
exceeding $48,750 but not exceeding $50,000, the amount of |
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.2.
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When the applicant is a surviving spouse of an applicant |
for a prior year for
the same residence for which an exemption |
under this Section has been granted,
the base year and base |
amount for that residence are the same as for the
applicant for |
the prior year.
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Each year at the time the assessment books are certified to |
the County Clerk,
the Board of Review or Board of Appeals shall |
give to the County Clerk a list
of the assessed values of |
improvements on each parcel qualifying for this
exemption that |
were added after the base year for this parcel and that
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increased the assessed value of the property.
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In the case of land improved with an apartment building |
owned and operated as
a cooperative or a building that is a |
life care facility that qualifies as a
cooperative, the maximum |
reduction from the equalized assessed value of the
property is |
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limited to the sum of the reductions calculated for each unit
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occupied as a residence by a person or persons (i) 65 years of |
age or older, (ii) with a
household income that does not exceed |
the maximum income limitation, (iii) who is liable, by contract |
with the
owner
or owners of record, for paying real property |
taxes on the property, and (iv) who is
an owner of record of a |
legal or equitable interest in the cooperative
apartment |
building, other than a leasehold interest. In the instance of a
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cooperative where a homestead exemption has been granted under |
this Section,
the cooperative association or its management |
firm shall credit the savings
resulting from that exemption |
only to the apportioned tax liability of the
owner who |
qualified for the exemption. Any person who willfully refuses |
to
credit that savings to an owner who qualifies for the |
exemption is guilty of a
Class B misdemeanor.
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When a homestead exemption has been granted under this |
Section and an
applicant then becomes a resident of a facility |
licensed under the Assisted Living and Shared Housing Act, the |
Nursing Home
Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
the MC/DD Act, the exemption shall be granted in subsequent |
years so long as the
residence (i) continues to be occupied by |
the qualified applicant's spouse or
(ii) if remaining |
unoccupied, is still owned by the qualified applicant for the
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homestead exemption.
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Beginning January 1, 1997, when an individual dies who |
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would have qualified
for an exemption under this Section, and |
the surviving spouse does not
independently qualify for this |
exemption because of age, the exemption under
this Section |
shall be granted to the surviving spouse for the taxable year
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preceding and the taxable
year of the death, provided that, |
except for age, the surviving spouse meets
all
other |
qualifications for the granting of this exemption for those |
years.
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When married persons maintain separate residences, the |
exemption provided for
in this Section may be claimed by only |
one of such persons and for only one
residence.
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For taxable year 1994 only, in counties having less than |
3,000,000
inhabitants, to receive the exemption, a person shall |
submit an application by
February 15, 1995 to the Chief County |
Assessment Officer
of the county in which the property is |
located. In counties having 3,000,000
or more inhabitants, for |
taxable year 1994 and all subsequent taxable years, to
receive |
the exemption, a person
may submit an application to the Chief |
County
Assessment Officer of the county in which the property |
is located during such
period as may be specified by the Chief |
County Assessment Officer. The Chief
County Assessment Officer |
in counties of 3,000,000 or more inhabitants shall
annually |
give notice of the application period by mail or by |
publication. In
counties having less than 3,000,000 |
inhabitants, beginning with taxable year
1995 and thereafter, |
to receive the exemption, a person
shall
submit an
application |
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by July 1 of each taxable year to the Chief County Assessment
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Officer of the county in which the property is located. A |
county may, by
ordinance, establish a date for submission of |
applications that is
different than
July 1.
The applicant shall |
submit with the
application an affidavit of the applicant's |
total household income, age,
marital status (and if married the |
name and address of the applicant's spouse,
if known), and |
principal dwelling place of members of the household on January
|
1 of the taxable year. The Department shall establish, by rule, |
a method for
verifying the accuracy of affidavits filed by |
applicants under this Section, and the Chief County Assessment |
Officer may conduct audits of any taxpayer claiming an |
exemption under this Section to verify that the taxpayer is |
eligible to receive the exemption. Each application shall |
contain or be verified by a written declaration that it is made |
under the penalties of perjury. A taxpayer's signing a |
fraudulent application under this Act is perjury, as defined in |
Section 32-2 of the Criminal Code of 2012.
The applications |
shall be clearly marked as applications for the Senior
Citizens |
Assessment Freeze Homestead Exemption and must contain a notice |
that any taxpayer who receives the exemption is subject to an |
audit by the Chief County Assessment Officer.
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Notwithstanding any other provision to the contrary, in |
counties having fewer
than 3,000,000 inhabitants, if an |
applicant fails
to file the application required by this |
Section in a timely manner and this
failure to file is due to a |
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mental or physical condition sufficiently severe so
as to |
render the applicant incapable of filing the application in a |
timely
manner, the Chief County Assessment Officer may extend |
the filing deadline for
a period of 30 days after the applicant |
regains the capability to file the
application, but in no case |
may the filing deadline be extended beyond 3
months of the |
original filing deadline. In order to receive the extension
|
provided in this paragraph, the applicant shall provide the |
Chief County
Assessment Officer with a signed statement from |
the applicant's physician, advanced practice nurse, or |
physician assistant
stating the nature and extent of the |
condition, that, in the
physician's, advanced practice |
nurse's, or physician assistant's opinion, the condition was so |
severe that it rendered the applicant
incapable of filing the |
application in a timely manner, and the date on which
the |
applicant regained the capability to file the application.
|
Beginning January 1, 1998, notwithstanding any other |
provision to the
contrary, in counties having fewer than |
3,000,000 inhabitants, if an applicant
fails to file the |
application required by this Section in a timely manner and
|
this failure to file is due to a mental or physical condition |
sufficiently
severe so as to render the applicant incapable of |
filing the application in a
timely manner, the Chief County |
Assessment Officer may extend the filing
deadline for a period |
of 3 months. In order to receive the extension provided
in this |
paragraph, the applicant shall provide the Chief County |
|
Assessment
Officer with a signed statement from the applicant's |
physician, advanced practice nurse, or physician assistant |
stating the
nature and extent of the condition, and that, in |
the physician's, advanced practice nurse's, or physician |
assistant's opinion, the
condition was so severe that it |
rendered the applicant incapable of filing the
application in a |
timely manner.
|
In counties having less than 3,000,000 inhabitants, if an |
applicant was
denied an exemption in taxable year 1994 and the |
denial occurred due to an
error on the part of an assessment
|
official, or his or her agent or employee, then beginning in |
taxable year 1997
the
applicant's base year, for purposes of |
determining the amount of the exemption,
shall be 1993 rather |
than 1994. In addition, in taxable year 1997, the
applicant's |
exemption shall also include an amount equal to (i) the amount |
of
any exemption denied to the applicant in taxable year 1995 |
as a result of using
1994, rather than 1993, as the base year, |
(ii) the amount of any exemption
denied to the applicant in |
taxable year 1996 as a result of using 1994, rather
than 1993, |
as the base year, and (iii) the amount of the exemption |
erroneously
denied for taxable year 1994.
|
For purposes of this Section, a person who will be 65 years |
of age during the
current taxable year shall be eligible to |
apply for the homestead exemption
during that taxable year. |
Application shall be made during the application
period in |
effect for the county of his or her residence.
|
|
The Chief County Assessment Officer may determine the |
eligibility of a life
care facility that qualifies as a |
cooperative to receive the benefits
provided by this Section by |
use of an affidavit, application, visual
inspection, |
questionnaire, or other reasonable method in order to insure |
that
the tax savings resulting from the exemption are credited |
by the management
firm to the apportioned tax liability of each |
qualifying resident. The Chief
County Assessment Officer may |
request reasonable proof that the management firm
has so |
credited that exemption.
|
Except as provided in this Section, all information |
received by the chief
county assessment officer or the |
Department from applications filed under this
Section, or from |
any investigation conducted under the provisions of this
|
Section, shall be confidential, except for official purposes or
|
pursuant to official procedures for collection of any State or |
local tax or
enforcement of any civil or criminal penalty or |
sanction imposed by this Act or
by any statute or ordinance |
imposing a State or local tax. Any person who
divulges any such |
information in any manner, except in accordance with a proper
|
judicial order, is guilty of a Class A misdemeanor.
|
Nothing contained in this Section shall prevent the |
Director or chief county
assessment officer from publishing or |
making available reasonable statistics
concerning the |
operation of the exemption contained in this Section in which
|
the contents of claims are grouped into aggregates in such a |
|
way that
information contained in any individual claim shall |
not be disclosed. |
Notwithstanding any other provision of law, for taxable |
year 2017 and thereafter, in counties of 3,000,000 or more |
inhabitants, the amount of the exemption shall be the greater |
of (i) the amount of the exemption otherwise calculated under |
this Section or (ii) $2,000.
|
(d) Each Chief County Assessment Officer shall annually |
publish a notice
of availability of the exemption provided |
under this Section. The notice
shall be published at least 60 |
days but no more than 75 days prior to the date
on which the |
application must be submitted to the Chief County Assessment
|
Officer of the county in which the property is located. The |
notice shall
appear in a newspaper of general circulation in |
the county.
|
Notwithstanding Sections 6 and 8 of the State Mandates Act, |
no reimbursement by the State is required for the |
implementation of any mandate created by this Section.
|
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; |
99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. |
7-28-16.)
|
(35 ILCS 200/15-175)
|
Sec. 15-175. General homestead exemption. |
(a) Except as provided in Sections 15-176 and 15-177, |
homestead
property is
entitled to an annual homestead exemption |
|
limited, except as described here
with relation to |
cooperatives, to a reduction in the equalized assessed value
of |
homestead property equal to the increase in equalized assessed |
value for the
current assessment year above the equalized |
assessed value of the property for
1977, up to the maximum |
reduction set forth below. If however, the 1977
equalized |
assessed value upon which taxes were paid is subsequently |
determined
by local assessing officials, the Property Tax |
Appeal Board, or a court to have
been excessive, the equalized |
assessed value which should have been placed on
the property |
for 1977 shall be used to determine the amount of the |
exemption.
|
(b) Except as provided in Section 15-176, the maximum |
reduction before taxable year 2004 shall be
$4,500 in counties |
with 3,000,000 or more
inhabitants
and $3,500 in all other |
counties. Except as provided in Sections 15-176 and 15-177, for |
taxable years 2004 through 2007, the maximum reduction shall be |
$5,000, for taxable year 2008, the maximum reduction is $5,500, |
and, for taxable years 2009 through 2011, the maximum reduction |
is $6,000 in all counties. For taxable years 2012 through 2016 |
and thereafter, the maximum reduction is $7,000 in counties |
with 3,000,000 or more
inhabitants
and $6,000 in all other |
counties. For taxable years 2017 and thereafter, the maximum |
reduction is $10,000 in counties with 3,000,000 or more |
inhabitants and $6,000 in all other counties. If a county has |
elected to subject itself to the provisions of Section 15-176 |
|
as provided in subsection (k) of that Section, then, for the |
first taxable year only after the provisions of Section 15-176 |
no longer apply, for owners who, for the taxable year, have not |
been granted a senior citizens assessment freeze homestead |
exemption under Section 15-172 or a long-time occupant |
homestead exemption under Section 15-177, there shall be an |
additional exemption of $5,000 for owners with a household |
income of $30,000 or less.
|
(c) In counties with fewer than 3,000,000 inhabitants, if, |
based on the most
recent assessment, the equalized assessed |
value of
the homestead property for the current assessment year |
is greater than the
equalized assessed value of the property |
for 1977, the owner of the property
shall automatically receive |
the exemption granted under this Section in an
amount equal to |
the increase over the 1977 assessment up to the maximum
|
reduction set forth in this Section.
|
(d) If in any assessment year beginning with the 2000 |
assessment year,
homestead property has a pro-rata valuation |
under
Section 9-180 resulting in an increase in the assessed |
valuation, a reduction
in equalized assessed valuation equal to |
the increase in equalized assessed
value of the property for |
the year of the pro-rata valuation above the
equalized assessed |
value of the property for 1977 shall be applied to the
property |
on a proportionate basis for the period the property qualified |
as
homestead property during the assessment year. The maximum |
proportionate
homestead exemption shall not exceed the maximum |
|
homestead exemption allowed in
the county under this Section |
divided by 365 and multiplied by the number of
days the |
property qualified as homestead property.
|
(d-1) In counties with 3,000,000 or more inhabitants, where |
the chief county assessment officer provides a notice of |
discovery, if a property is not
occupied by its owner as a |
principal residence as of January 1 of the current tax year, |
then the property owner shall notify the chief county |
assessment officer of that fact on a form prescribed by the |
chief county assessment officer. That notice must be received |
by the chief county assessment officer on or before March 1 of |
the collection year. If mailed, the form shall be sent by |
certified mail, return receipt requested. If the form is |
provided in person, the chief county assessment officer shall |
provide a date stamped copy of the notice. Failure to provide |
timely notice pursuant to this subsection (d-1) shall result in |
the exemption being treated as an erroneous exemption. Upon |
timely receipt of the notice for the current tax year, no |
exemption shall be applied to the property for the current tax |
year. If the exemption is not removed upon timely receipt of |
the notice by the chief assessment officer, then the error is |
considered granted as a result of a clerical error or omission |
on the part of the chief county assessment officer as described |
in subsection (h) of Section 9-275, and the property owner |
shall not be liable for the payment of interest and penalties |
due to the erroneous exemption for the current tax year for |
|
which the notice was filed after the date that notice was |
timely received pursuant to this subsection. Notice provided |
under this subsection shall not constitute a defense or amnesty |
for prior year erroneous exemptions. |
For the purposes of this subsection (d-1): |
"Collection year" means the year in which the first and |
second installment of the current tax year is billed. |
"Current tax year" means the year prior to the collection |
year. |
(e) The chief county assessment officer may, when |
considering whether to grant a leasehold exemption under this |
Section, require the following conditions to be met: |
(1) that a notarized application for the exemption, |
signed by both the owner and the lessee of the property, |
must be submitted each year during the application period |
in effect for the county in which the property is located; |
(2) that a copy of the lease must be filed with the |
chief county assessment officer by the owner of the |
property at the time the notarized application is |
submitted; |
(3) that the lease must expressly state that the lessee |
is liable for the payment of property taxes; and |
(4) that the lease must include the following language |
in substantially the following form: |
"Lessee shall be liable for the payment of real |
estate taxes with respect to the residence in |
|
accordance with the terms and conditions of Section |
15-175 of the Property Tax Code (35 ILCS 200/15-175). |
The permanent real estate index number for the premises |
is (insert number), and, according to the most recent |
property tax bill, the current amount of real estate |
taxes associated with the premises is (insert amount) |
per year. The parties agree that the monthly rent set |
forth above shall be increased or decreased pro rata |
(effective January 1 of each calendar year) to reflect |
any increase or decrease in real estate taxes. Lessee |
shall be deemed to be satisfying Lessee's liability for |
the above mentioned real estate taxes with the monthly |
rent payments as set forth above (or increased or |
decreased as set forth herein).". |
In addition, if there is a change in lessee, or if the |
lessee vacates the property, then the chief county assessment |
officer may require the owner of the property to notify the |
chief county assessment officer of that change. |
This subsection (e) does not apply to leasehold interests |
in property owned by a municipality. |
(f) "Homestead property" under this Section includes |
residential property that is
occupied by its owner or owners as |
his or their principal dwelling place, or
that is a leasehold |
interest on which a single family residence is situated,
which |
is occupied as a residence by a person who has an ownership |
interest
therein, legal or equitable or as a lessee, and on |
|
which the person is
liable for the payment of property taxes. |
For land improved with
an apartment building owned and operated |
as a cooperative or a building which
is a life care facility as |
defined in Section 15-170 and considered to
be a cooperative |
under Section 15-170, the maximum reduction from the equalized
|
assessed value shall be limited to the increase in the value |
above the
equalized assessed value of the property for 1977, up |
to
the maximum reduction set forth above, multiplied by the |
number of apartments
or units occupied by a person or persons |
who is liable, by contract with the
owner or owners of record, |
for paying property taxes on the property and is an
owner of |
record of a legal or equitable interest in the cooperative
|
apartment building, other than a leasehold interest. For |
purposes of this
Section, the term "life care facility" has the |
meaning stated in Section
15-170.
|
"Household", as used in this Section,
means the owner, the |
spouse of the owner, and all persons using
the
residence of the |
owner as their principal place of residence.
|
"Household income", as used in this Section,
means the |
combined income of the members of a household
for the calendar |
year preceding the taxable year.
|
"Income", as used in this Section,
has the same meaning as |
provided in Section 3.07 of the Senior
Citizens
and Persons |
with Disabilities Property Tax Relief Act,
except that
"income" |
does not include veteran's benefits.
|
(g) In a cooperative where a homestead exemption has been |
|
granted, the
cooperative association or its management firm |
shall credit the savings
resulting from that exemption only to |
the apportioned tax liability of the
owner who qualified for |
the exemption. Any person who willfully refuses to so
credit |
the savings shall be guilty of a Class B misdemeanor.
|
(h) Where married persons maintain and reside in separate |
residences qualifying
as homestead property, each residence |
shall receive 50% of the total reduction
in equalized assessed |
valuation provided by this Section.
|
(i) In all counties, the assessor
or chief county |
assessment officer may determine the
eligibility of |
residential property to receive the homestead exemption and the |
amount of the exemption by
application, visual inspection, |
questionnaire or other reasonable methods. The
determination |
shall be made in accordance with guidelines established by the
|
Department, provided that the taxpayer applying for an |
additional general exemption under this Section shall submit to |
the chief county assessment officer an application with an |
affidavit of the applicant's total household income, age, |
marital status (and, if married, the name and address of the |
applicant's spouse, if known), and principal dwelling place of |
members of the household on January 1 of the taxable year. The |
Department shall issue guidelines establishing a method for |
verifying the accuracy of the affidavits filed by applicants |
under this paragraph. The applications shall be clearly marked |
as applications for the Additional General Homestead |
|
Exemption.
|
(i-5) This subsection (i-5) applies to counties with |
3,000,000 or more inhabitants. In the event of a sale of
|
homestead property, the homestead exemption shall remain in |
effect for the remainder of the assessment year of the sale. |
Upon receipt of a transfer declaration transmitted by the |
recorder pursuant to Section 31-30 of the Real Estate Transfer |
Tax Law for property receiving an exemption under this Section, |
the assessor shall mail a notice and forms to the new owner of |
the property providing information pertaining to the rules and |
applicable filing periods for applying or reapplying for |
homestead exemptions under this Code for which the property may |
be eligible. If the new owner fails to apply or reapply for a |
homestead exemption during the applicable filing period or the |
property no longer qualifies for an existing homestead |
exemption, the assessor shall cancel such exemption for any |
ensuing assessment year. |
(j) In counties with fewer than 3,000,000 inhabitants, in |
the event of a sale
of
homestead property the homestead |
exemption shall remain in effect for the
remainder of the |
assessment year of the sale. The assessor or chief county
|
assessment officer may require the new
owner of the property to |
apply for the homestead exemption for the following
assessment |
year.
|
(k) Notwithstanding Sections 6 and 8 of the State Mandates |
Act, no reimbursement by the State is required for the |