State of Illinois
91st General Assembly
Legislation

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91_HB4744

 
                                              LRB9114859SMdvA

 1        AN ACT to concerning taxation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The  Illinois  Income Tax Act is amended by
 5    changing Section 208 and adding Section 208.5 as follows:

 6        (35 ILCS 5/208) (from Ch. 120, par. 2-208)
 7        Sec. 208. Tax credit for residential real property taxes.
 8        (a)  Beginning with tax years ending on or after December
 9    31, 1991, every individual taxpayer shall be  entitled  to  a
10    tax  credit  equal  to 5% of real property taxes paid by such
11    taxpayer during the taxable year on the  principal  residence
12    of the taxpayer.
13        (b)  In   addition  to  the  tax  credit  provided  under
14    subsection (a), for tax years ending on or after December 31,
15    2000, every individual taxpayer whose principal residence has
16    an equalized assessed value as determined by  the  Department
17    of  less than $166,667 shall be entitled to an additional tax
18    credit equal to 5% of the real property  taxes  paid  by  the
19    taxpayer  during  the taxable year on the principal residence
20    of the taxpayer.  The changes made by this amendatory Act  of
21    the  91st  General Assembly are exempt from the provisions of
22    Section 250.
23        (c)  In the case of multi-unit  or  multi-use  structures
24    and  farm  dwellings,  the  taxes on the taxpayer's principal
25    residence shall be that portion of the total taxes  which  is
26    attributable to such principal residence.
27    (Source: P.A. 87-17.)

28        (35 ILCS 5/208.5 new)
29        Sec.  208.5.   Tax credit for real property taxes paid by
30    Subchapter S Corporations or sole proprietorships.   For  tax
 
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 1    years  ending on or after December 31, 2000, every Subchapter
 2    S Corporation and sole proprietorship in this State shall  be
 3    entitled  to  a  tax  credit equal to 5% of the real property
 4    taxes  paid  by  the  Subchapter  S   Corporation   or   sole
 5    proprietorship  during  the taxable year on eligible property
 6    owned by the Subchapter S Corporation or sole proprietorship.
 7    For purposes  of  this  Section,  "eligible  property"  means
 8    property  with  an  equalized assessed value of less than (i)
 9    $399,000 in a county with 3,000,000 or  more  inhabitants  or
10    (ii)   $166,667   in  a  county  with  fewer  than  3,000,000
11    inhabitants. In no event shall a credit  under  this  Section
12    reduce  the liability of the Subchapter S Corporation or sole
13    proprietorship under  this  Act  to  less  than  zero.   This
14    Section is exempt from the provisions of Section 250.

15        Section  10.   The Property Tax Code is amended by adding
16    Section 15-173 as follows:

17        (35 ILCS 200/15-173 new)
18        Sec. 15-173.  Senior citizens property tax rebate.
19        (a)  An individual taxpayer who is 65  years  of  age  or
20    older  and  who  paid  residential real property taxes on the
21    taxpayer's principal residence is entitled to a rebate.   The
22    rebate shall be in an amount equal to 10% of those taxes paid
23    in  a  taxable  year  minus  the amount of any credit allowed
24    under Section 208 of the Illinois Income Tax  Act  and  minus
25    any  rebate  paid  under Section 208.1 of the Illinois Income
26    Tax Act.  The Department shall pay rebates for property taxes
27    paid in 1999 and thereafter.
28        (b)  For the rebate on property taxes paid in 1999, on or
29    before December 31, 2000, the Department  shall  prepare  and
30    distribute  an  application form.  The Department shall begin
31    accepting completed  application  forms  for  the  rebate  on
32    January  1,  2001.  To be eligible for a rebate the applicant
 
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 1    must submit a completed application  form  postmarked  on  or
 2    before  March  1,  2001.   On  or  before  April 1, 2001, the
 3    Department shall certify the names of the taxpayers  eligible
 4    for  the  rebate  for  property  taxes  paid  in  1999  whose
 5    application  forms were postmarked on or before March 1, 2001
 6    and the rebate amounts to the Comptroller.   The  Comptroller
 7    shall mail rebate warrants to those taxpayers by May 1, 2001.
 8        (c)  For  the  rebate on property taxes paid in each year
 9    after 1999, on or before December 31 of the year the property
10    taxes are paid, the Department shall prepare  and  distribute
11    an  application  form.   The Department shall begin accepting
12    completed application forms for the rebate on  January  1  of
13    the  year  after the property taxes are paid.  To be eligible
14    for  a  rebate  the  applicant  must   submit   a   completed
15    application  form postmarked on or before March 1 of the year
16    after the property taxes are paid.  On or before April  1  of
17    the  year  after  the property taxes are paid, the Department
18    shall certify the names  of  the  taxpayers  eligible  for  a
19    rebate  whose  application forms were postmarked on or before
20    March 1 of the year after the property taxes  were  paid  and
21    the rebate amounts to the Comptroller.  The Comptroller shall
22    mail  rebate warrants to those taxpayers by May 1 of the year
23    after the property taxes were paid.
24        (d)  A person who attains the age of  65  or  who  is  65
25    years  of age or older during the year the property taxes are
26    paid is eligible to apply for a rebate under this Section.
27        (e)  The Department shall coordinate  the  administration
28    of the rebate under this Section with the Senior Citizens and
29    Disabled  Persons  Property  Tax  Relief  and  Pharmaceutical
30    Assistance  program with the goal of maximizing participation
31    in the Senior Citizens  and  Disabled  Persons  Property  Tax
32    Relief and Pharmaceutical Assistance program.

33        Section  99.  Effective date.  This Act takes effect upon
 
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 1    becoming law.

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