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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,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by renumbering |
5 | | Section 15-174, by changing Sections 9-275, 15-167, 15-168, |
6 | | 15-169, 15-170, 15-172, 15-173, 15-175, 15-176, 15-177, and |
7 | | 15-180, by adding Division headings to Division 20 of Article |
8 | | 10, Division 1 of Article 15, and Division 2 of Article 15, and |
9 | | by adding Sections 15-13 and 15-163 and Division 3 of Article |
10 | | 15 as follows: |
11 | | (35 ILCS 200/9-275) |
12 | | Sec. 9-275. Erroneous homestead exemptions. |
13 | | (a) For purposes of this Section: |
14 | | "Erroneous homestead exemption" means a homestead |
15 | | exemption that was granted for real property in a taxable year |
16 | | if the property was not eligible for that exemption in that |
17 | | taxable year. If the taxpayer receives an erroneous homestead |
18 | | exemption under a single Section of this Code for the same |
19 | | property in multiple years, that exemption is considered a |
20 | | single erroneous homestead exemption for purposes of this |
21 | | Section. However, if the taxpayer receives erroneous homestead |
22 | | exemptions under multiple Sections of this Code for the same |
23 | | property, or if the taxpayer receives erroneous homestead |
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1 | | exemptions under the same Section of this Code for multiple |
2 | | properties, then each of those exemptions is considered a |
3 | | separate erroneous homestead exemption for purposes of this |
4 | | Section. |
5 | | "Homestead exemption" means an exemption under Division 2 |
6 | | of Article 15 of this Code Section 15-165 (veterans with |
7 | | disabilities), 15-167 (returning veterans), 15-168 (persons |
8 | | with disabilities), 15-169 (standard homestead for veterans |
9 | | with disabilities), 15-170 (senior citizens), 15-172 (senior |
10 | | citizens assessment freeze), 15-175 (general homestead), |
11 | | 15-176 (alternative general homestead), or 15-177 (long-time |
12 | | occupant) . |
13 | | "Erroneous exemption principal amount" means the total |
14 | | difference between the property taxes actually billed to a |
15 | | property index number and the amount of property taxes that |
16 | | would have been billed but for the erroneous exemption or |
17 | | exemptions. |
18 | | "Taxpayer" means the property owner or leasehold owner that |
19 | | erroneously received a homestead exemption upon property. |
20 | | (b) Notwithstanding any other provision of law, in counties |
21 | | with 3,000,000 or more inhabitants, the chief county assessment |
22 | | officer shall include the following information with each |
23 | | assessment notice sent in a general assessment year: (1) a list |
24 | | of each homestead exemption available under Article 15 of this |
25 | | Code and a description of the eligibility criteria for that |
26 | | exemption; (2) a list of each homestead exemption applied to |
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1 | | the property in the current assessment year; (3) information |
2 | | regarding penalties and interest that may be incurred under |
3 | | this Section if the taxpayer received an erroneous homestead |
4 | | exemption in a previous taxable year; and (4) notice of the |
5 | | 60-day grace period available under this subsection. If, within |
6 | | 60 days after receiving his or her assessment notice, the |
7 | | taxpayer notifies the chief county assessment officer that he |
8 | | or she received an erroneous homestead exemption in a previous |
9 | | taxable year, and if the taxpayer pays the erroneous exemption |
10 | | principal amount, plus interest as provided in subsection (f), |
11 | | then the taxpayer shall not be liable for the penalties |
12 | | provided in subsection (f) with respect to that exemption. |
13 | | (c) In counties with 3,000,000 or more inhabitants, when |
14 | | the chief county assessment officer determines that one or more |
15 | | erroneous homestead exemptions was applied to the property, the |
16 | | erroneous exemption principal amount, together with all |
17 | | applicable interest and penalties as provided in subsections |
18 | | (f) and (j), shall constitute a lien in the name of the People |
19 | | of Cook County on the property receiving the erroneous |
20 | | homestead exemption. Upon becoming aware of the existence of |
21 | | one or more erroneous homestead exemptions, the chief county |
22 | | assessment officer shall cause to be served, by both regular |
23 | | mail and certified mail, a notice of discovery as set forth in |
24 | | subsection (c-5). The chief county assessment officer in a |
25 | | county with 3,000,000 or more inhabitants may cause a lien to |
26 | | be recorded against property that (1) is located in the county |
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1 | | and (2) received one or more erroneous homestead exemptions if, |
2 | | upon determination of the chief county assessment officer, the |
3 | | taxpayer received: (A) one or 2 erroneous homestead exemptions |
4 | | for real property, including at least one erroneous homestead |
5 | | exemption granted for the property against which the lien is |
6 | | sought, during any of the 3 collection years immediately prior |
7 | | to the current collection year in which the notice of discovery |
8 | | is served; or (B) 3 or more erroneous homestead exemptions for |
9 | | real property, including at least one erroneous homestead |
10 | | exemption granted for the property against which the lien is |
11 | | sought, during any of the 6 collection years immediately prior |
12 | | to the current collection year in which the notice of discovery |
13 | | is served. Prior to recording the lien against the property, |
14 | | the chief county assessment officer shall cause to be served, |
15 | | by both regular mail and certified mail, return receipt |
16 | | requested, on the person to whom the most recent tax bill was |
17 | | mailed and the owner of record, a notice of intent to record a |
18 | | lien against the property. The chief county assessment officer |
19 | | shall cause the notice of intent to record a lien to be served |
20 | | within 3 years from the date on which the notice of discovery |
21 | | was served. |
22 | | (c-5) The notice of discovery described in subsection (c) |
23 | | shall: (1) identify, by property index number, the property for |
24 | | which the chief county assessment officer has knowledge |
25 | | indicating the existence of an erroneous homestead exemption; |
26 | | (2) set forth the taxpayer's liability for principal, interest, |
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1 | | penalties, and administrative costs including, but not limited |
2 | | to, recording fees described in subsection (f); (3) inform the |
3 | | taxpayer that he or she will be served with a notice of intent |
4 | | to record a lien within 3 years from the date of service of the |
5 | | notice of discovery; (4) inform the taxpayer that he or she may |
6 | | pay the outstanding amount, plus interest, penalties, and |
7 | | administrative costs at any time prior to being served with the |
8 | | notice of intent to record a lien or within 30 days after the |
9 | | notice of intent to record a lien is served; and (5) inform the |
10 | | taxpayer that, if the taxpayer provided notice to the chief |
11 | | county assessment officer as provided in subsection (d-1) of |
12 | | Section 15-175 of this Code, upon submission by the taxpayer of |
13 | | evidence of timely notice and receipt thereof by the chief |
14 | | county assessment officer, the chief county assessment officer |
15 | | will withdraw the notice of discovery and reissue a notice of |
16 | | discovery in compliance with this Section in which the taxpayer |
17 | | is not liable for interest and penalties for the current tax |
18 | | year in which the notice was received. |
19 | | For the purposes of this subsection (c-5): |
20 | | "Collection year" means the year in which the first and |
21 | | second installment of the current tax year is billed. |
22 | | "Current tax year" means the year prior to the collection |
23 | | year. |
24 | | (d) The notice of intent to record a lien described in |
25 | | subsection (c) shall: (1) identify, by property index number, |
26 | | the property against which the lien is being sought; (2) |
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1 | | identify each specific homestead exemption that was |
2 | | erroneously granted and the year or years in which each |
3 | | exemption was granted; (3) set forth the erroneous exemption |
4 | | principal amount due and the interest amount and any penalty |
5 | | and administrative costs due; (4) inform the taxpayer that he |
6 | | or she may request a hearing within 30 days after service and |
7 | | may appeal the hearing officer's ruling to the circuit court; |
8 | | (5) inform the taxpayer that he or she may pay the erroneous |
9 | | exemption principal amount, plus interest and penalties, |
10 | | within 30 days after service; and (6) inform the taxpayer that, |
11 | | if the lien is recorded against the property, the amount of the |
12 | | lien will be adjusted to include the applicable recording fee |
13 | | and that fees for recording a release of the lien shall be |
14 | | incurred by the taxpayer. A lien shall not be filed pursuant to |
15 | | this Section if the taxpayer pays the erroneous exemption |
16 | | principal amount, plus penalties and interest, within 30 days |
17 | | of service of the notice of intent to record a lien. |
18 | | (e) The notice of intent to record a lien shall also |
19 | | include a form that the taxpayer may return to the chief county |
20 | | assessment officer to request a hearing. The taxpayer may |
21 | | request a hearing by returning the form within 30 days after |
22 | | service. The hearing shall be held within 90 days after the |
23 | | taxpayer is served. The chief county assessment officer shall |
24 | | promulgate rules of service and procedure for the hearing. The |
25 | | chief county assessment officer must generally follow rules of |
26 | | evidence and practices that prevail in the county circuit |
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1 | | courts, but, because of the nature of these proceedings, the |
2 | | chief county assessment officer is not bound by those rules in |
3 | | all particulars. The chief county assessment officer shall |
4 | | appoint a hearing officer to oversee the hearing. The taxpayer |
5 | | shall be allowed to present evidence to the hearing officer at |
6 | | the hearing. After taking into consideration all the relevant |
7 | | testimony and evidence, the hearing officer shall make an |
8 | | administrative decision on whether the taxpayer was |
9 | | erroneously granted a homestead exemption for the taxable year |
10 | | in question. The taxpayer may appeal the hearing officer's |
11 | | ruling to the circuit court of the county where the property is |
12 | | located as a final administrative decision under the |
13 | | Administrative Review Law. |
14 | | (f) A lien against the property imposed under this Section |
15 | | shall be filed with the county recorder of deeds, but may not |
16 | | be filed sooner than 60 days after the notice of intent to |
17 | | record a lien was delivered to the taxpayer if the taxpayer |
18 | | does not request a hearing, or until the conclusion of the |
19 | | hearing and all appeals if the taxpayer does request a hearing. |
20 | | If a lien is filed pursuant to this Section and the taxpayer |
21 | | received one or 2 erroneous homestead exemptions during any of |
22 | | the 3 collection years immediately prior to the current |
23 | | collection year in which the notice of discovery is served, |
24 | | then the erroneous exemption principal amount, plus 10% |
25 | | interest per annum or portion thereof from the date the |
26 | | erroneous exemption principal amount would have become due if |
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1 | | properly included in the tax bill, shall be charged against the |
2 | | property by the chief county assessment officer. However, if a |
3 | | lien is filed pursuant to this Section and the taxpayer |
4 | | received 3 or more erroneous homestead exemptions during any of |
5 | | the 6 collection years immediately prior to the current |
6 | | collection year in which the notice of discovery is served, the |
7 | | erroneous exemption principal amount, plus a penalty of 50% of |
8 | | the total amount of the erroneous exemption principal amount |
9 | | for that property and 10% interest per annum or portion thereof |
10 | | from the date the erroneous exemption principal amount would |
11 | | have become due if properly included in the tax bill, shall be |
12 | | charged against the property by the chief county assessment |
13 | | officer. If a lien is filed pursuant to this Section, the |
14 | | taxpayer shall not be liable for interest that accrues between |
15 | | the date the notice of discovery is served and the date the |
16 | | lien is filed. Before recording the lien with the county |
17 | | recorder of deeds, the chief county assessment officer shall |
18 | | adjust the amount of the lien to add administrative costs, |
19 | | including but not limited to the applicable recording fee, to |
20 | | the total lien amount. |
21 | | (g) If a person received an erroneous homestead exemption |
22 | | under Section 15-170 and: (1) the person was the spouse, child, |
23 | | grandchild, brother, sister, niece, or nephew of the previous |
24 | | taxpayer; and (2) the person received the property by bequest |
25 | | or inheritance; then the person is not liable for the penalties |
26 | | imposed under this Section for any year or years during which |
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1 | | the chief county assessment officer did not require an annual |
2 | | application for the exemption. However, that person is |
3 | | responsible for any interest owed under subsection (f). |
4 | | (h) If the erroneous homestead exemption was granted as a |
5 | | result of a clerical error or omission on the part of the chief |
6 | | county assessment officer, and if the taxpayer has paid the tax |
7 | | bills as received for the year in which the error occurred, |
8 | | then the interest and penalties authorized by this Section with |
9 | | respect to that homestead exemption shall not be chargeable to |
10 | | the taxpayer. However, nothing in this Section shall prevent |
11 | | the collection of the erroneous exemption principal amount due |
12 | | and owing. |
13 | | (i) A lien under this Section is not valid as to (1) any |
14 | | bona fide purchaser for value without notice of the erroneous |
15 | | homestead exemption whose rights in and to the underlying |
16 | | parcel arose after the erroneous homestead exemption was |
17 | | granted but before the filing of the notice of lien; or (2) any |
18 | | mortgagee, judgment creditor, or other lienor whose rights in |
19 | | and to the underlying parcel arose before the filing of the |
20 | | notice of lien. A title insurance policy for the property that |
21 | | is issued by a title company licensed to do business in the |
22 | | State showing that the property is free and clear of any liens |
23 | | imposed under this Section shall be prima facie evidence that |
24 | | the taxpayer is without notice of the erroneous homestead |
25 | | exemption. Nothing in this Section shall be deemed to impair |
26 | | the rights of subsequent creditors and subsequent purchasers |
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1 | | under Section 30 of the Conveyances Act. |
2 | | (j) When a lien is filed against the property pursuant to |
3 | | this Section, the chief county assessment officer shall mail a |
4 | | copy of the lien to the person to whom the most recent tax bill |
5 | | was mailed and to the owner of record, and the outstanding |
6 | | liability created by such a lien is due and payable within 30 |
7 | | days after the mailing of the lien by the chief county |
8 | | assessment officer. This liability is deemed delinquent and |
9 | | shall bear interest beginning on the day after the due date at |
10 | | a rate of 1.5% per month or portion thereof. Payment shall be |
11 | | made to the county treasurer. Upon receipt of the full amount |
12 | | due, as determined by the chief county assessment officer, the |
13 | | county treasurer shall distribute the amount paid as provided |
14 | | in subsection (k). Upon presentment by the taxpayer to the |
15 | | chief county assessment officer of proof of payment of the |
16 | | total liability, the chief county assessment officer shall |
17 | | provide in reasonable form a release of the lien. The release |
18 | | of the lien provided shall clearly inform the taxpayer that it |
19 | | is the responsibility of the taxpayer to record the lien |
20 | | release form with the county recorder of deeds and to pay any |
21 | | applicable recording fees. |
22 | | (k) The county treasurer shall pay collected erroneous |
23 | | exemption principal amounts, pro rata, to the taxing districts, |
24 | | or their legal successors, that levied upon the subject |
25 | | property in the taxable year or years for which the erroneous |
26 | | homestead exemptions were granted, except as set forth in this |
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1 | | Section. The county treasurer shall deposit collected |
2 | | penalties and interest into a special fund established by the |
3 | | county treasurer to offset the costs of administration of the |
4 | | provisions of this Section by the chief county assessment |
5 | | officer's office, as appropriated by the county board. If the |
6 | | costs of administration of this Section exceed the amount of |
7 | | interest and penalties collected in the special fund, the chief |
8 | | county assessor shall be reimbursed by each taxing district or |
9 | | their legal successors for those costs. Such costs shall be |
10 | | paid out of the funds collected by the county treasurer on |
11 | | behalf of each taxing district pursuant to this Section. |
12 | | (l) The chief county assessment officer in a county with |
13 | | 3,000,000 or more inhabitants shall establish an amnesty period |
14 | | for all taxpayers owing any tax due to an erroneous homestead |
15 | | exemption granted in a tax year prior to the 2013 tax year. The |
16 | | amnesty period shall begin on the effective date of this |
17 | | amendatory Act of the 98th General Assembly and shall run |
18 | | through December 31, 2013. If, during the amnesty period, the |
19 | | taxpayer pays the entire arrearage of taxes due for tax years |
20 | | prior to 2013, the county clerk shall abate and not seek to |
21 | | collect any interest or penalties that may be applicable and |
22 | | shall not seek civil or criminal prosecution for any taxpayer |
23 | | for tax years prior to 2013. Failure to pay all such taxes due |
24 | | during the amnesty period established under this Section shall |
25 | | invalidate the amnesty period for that taxpayer. |
26 | | The chief county assessment officer in a county with |
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1 | | 3,000,000 or more inhabitants shall (i) mail notice of the |
2 | | amnesty period with the tax bills for the second installment of |
3 | | taxes for the 2012 assessment year and (ii) as soon as possible |
4 | | after the effective date of this amendatory Act of the 98th |
5 | | General Assembly, publish notice of the amnesty period in a |
6 | | newspaper of general circulation in the county. Notices shall |
7 | | include information on the amnesty period, its purpose, and the |
8 | | method by which to make payment. |
9 | | Taxpayers who are a party to any criminal investigation or |
10 | | to any civil or criminal litigation that is pending in any |
11 | | circuit court or appellate court, or in the Supreme Court of |
12 | | this State, for nonpayment, delinquency, or fraud in relation |
13 | | to any property tax imposed by any taxing district located in |
14 | | the State on the effective date of this amendatory Act of the |
15 | | 98th General Assembly may not take advantage of the amnesty |
16 | | period. |
17 | | A taxpayer who has claimed 3 or more homestead exemptions |
18 | | in error shall not be eligible for the amnesty period |
19 | | established under this subsection.
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20 | | (Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14; |
21 | | 98-811, eff. 1-1-15; 98-1143, eff. 1-1-15; 99-143, eff. |
22 | | 7-27-15; 99-851, eff. 8-19-16.) |
23 | | (35 ILCS 200/Art. 10 Div. 20 heading new) |
24 | | Division 20. Community stabilization assessment freeze pilot |
25 | | program |
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1 | | (35 ILCS 200/10-800) (was 35 ILCS 200/15-174) |
2 | | Sec. 10-800 15-174 . Community stabilization assessment |
3 | | freeze pilot program. |
4 | | (a) Beginning January 1, 2015 and ending June 30, 2029, the |
5 | | chief county assessment officer of any county may reduce the |
6 | | assessed value of improvements to residential real property in |
7 | | accordance with subsection (b) for 10 taxable years after the |
8 | | improvements are put in service, if and only if all of the |
9 | | following factors have been met: |
10 | | (1) the improvements are residential; |
11 | | (2) the parcel was purchased or otherwise conveyed to |
12 | | the taxpayer after January 1 of the taxable year and that |
13 | | conveyance was not a tax sale as required under the |
14 | | Property Tax Code; |
15 | | (3) the parcel is located in a targeted area; |
16 | | (4) for single family homes, the taxpayer occupies the |
17 | | improvements on the parcel as his or her primary residence; |
18 | | for residences of one to 6 units that will not be |
19 | | owner-occupied, the taxpayer replaces 2 primary building |
20 | | systems as outlined in this Section; |
21 | | (5) the transfer from the holder of the prior mortgage |
22 | | to the taxpayer was an arm's length transaction, in that |
23 | | the taxpayer has no legal relationship to the holder of the |
24 | | prior mortgage; |
25 | | (6) an existing residential dwelling structure of no |
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1 | | more than 6 units on the parcel was unoccupied at the time |
2 | | of conveyance for a minimum of 6 months, or the parcel was |
3 | | ordered by a court of competent jurisdiction to be |
4 | | deconverted in accordance with the provisions governing |
5 | | distressed condominiums as provided in the Condominium |
6 | | Property Act; |
7 | | (7) the parcel is clear of unreleased liens and has no |
8 | | outstanding tax liabilities attached against it; and |
9 | | (8) the purchase price did not exceed the Federal |
10 | | Housing Administration's loan limits then in place for the |
11 | | area in which the improvement is located. |
12 | | To be eligible for the benefit
conferred by this Section, |
13 | | residential units must (i) meet local building codes, or if |
14 | | there are no local building codes, Housing Quality Standards, |
15 | | as determined by the U.S. Department of Housing and Urban |
16 | | Development from time to time and (ii) be owner-occupied or in |
17 | | need of substantial rehabilitation. "Substantial |
18 | | rehabilitation" means, at a minimum, compliance with local |
19 | | building codes and the replacement or renovation of at least 2
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20 | | primary building systems. Although the cost of each primary |
21 | | building system may vary, the combined expenditure for making |
22 | | the building compliant with local codes and replacing primary |
23 | | building systems must be at least $5 per square foot, adjusted |
24 | | by the Consumer Price Index for All Urban Consumers, as |
25 | | published annually by the U.S. Department of Labor. "Primary |
26 | | building systems", together with their related |
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1 | | rehabilitations, specifically approved for this program are: |
2 | | (1) Electrical. All electrical work must comply with |
3 | | applicable codes; it may consist of a combination of any of |
4 | | the following alternatives: |
5 | | (A) installing individual equipment and appliance |
6 | | branch circuits as required by code (the minimum being |
7 | | a kitchen appliance branch circuit); |
8 | | (B) installing a new emergency service, including |
9 | | emergency lighting with all associated conduits and
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10 | | wiring; |
11 | | (C) rewiring all existing feeder conduits ("home |
12 | | runs") from the main switchgear to apartment area
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13 | | distribution panels; |
14 | | (D) installing new in-wall conduits for |
15 | | receptacles, switches, appliances, equipment, and
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16 | | fixtures; |
17 | | (E) replacing power wiring for receptacles, |
18 | | switches, appliances, equipment, and fixtures; |
19 | | (F) installing new light fixtures throughout the |
20 | | building including closets and central areas; |
21 | | (G) replacing, adding, or doing work as necessary |
22 | | to bring all receptacles, switches, and other
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23 | | electrical devices into code compliance; |
24 | | (H) installing a new main service, including |
25 | | conduit, cables into the building, and main disconnect
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26 | | switch; and |
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1 | | (I) installing new distribution panels, including |
2 | | all panel wiring, terminals, circuit breakers, and all
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3 | | other panel devices. |
4 | | (2) Heating. All heating work must comply with |
5 | | applicable codes; it may consist of a combination of any of |
6 | | the following alternatives: |
7 | | (A) installing a new system to replace one of the |
8 | | following heat distribution systems: (i) piping and |
9 | | heat radiating units, including new main line venting |
10 | | and radiator venting; or (ii) duct work, diffusers, and |
11 | | cold air returns; or (iii) any other type of existing |
12 | | heat distribution and radiation/diffusion components; |
13 | | or |
14 | | (B) installing a new system to replace one of the |
15 | | following heat generating units: (i) hot water/steam |
16 | | boiler; (ii) gas furnace; or (iii) any other type of |
17 | | existing heat generating unit. |
18 | | (3) Plumbing. All plumbing work must comply with |
19 | | applicable codes. Replace all or a part of the in-wall
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20 | | supply and waste plumbing; however, main supply risers, |
21 | | waste stacks and vents, and code-conforming waste lines |
22 | | need not be replaced. |
23 | | (4) Roofing. All roofing work must comply with |
24 | | applicable codes; it may consist of either of the following |
25 | | alternatives, separately or in combination: |
26 | | (A) replacing all rotted roof decks and |
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1 | | insulation; or |
2 | | (B) replacing or repairing leaking roof membranes
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3 | | (10% is the suggested minimum replacement of |
4 | | membrane);
restoration of the entire roof is an |
5 | | acceptable substitute for membrane replacement. |
6 | | (5) Exterior doors and windows. Replace the exterior |
7 | | doors and windows. Renovation of ornate entry doors is an |
8 | | acceptable substitute for replacement. |
9 | | (6) Floors, walls, and ceilings. Finishes must be |
10 | | replaced or covered over with new material. Acceptable |
11 | | replacement or covering materials are as follows: |
12 | | (A) floors must have new carpeting, vinyl tile, |
13 | | ceramic, refurbished wood finish, or a similar
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14 | | substitute; |
15 | | (B) walls must have new drywall, including joint |
16 | | taping and painting; or |
17 | | (C) new ceilings must be either drywall, suspended |
18 | | type, or a similar substitute. |
19 | | (7) Exterior walls. |
20 | | (A) replace loose or crumbling mortar and masonry |
21 | | with new material; |
22 | | (B) replace or paint wall siding and trim as |
23 | | needed; |
24 | | (C) bring porches and balconies to a sound |
25 | | condition; or |
26 | | (D) any combination of (A), (B), and (C). |
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1 | | (8) Elevators. Where applicable, at least 4 of the |
2 | | following 7 alternatives must be accomplished: |
3 | | (A) replace or rebuild the machine room controls |
4 | | and refurbish the elevator machine (or equivalent
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5 | | mechanisms in the case of hydraulic elevators); |
6 | | (B) replace hoistway electro-mechanical items |
7 | | including: ropes, switches, limits, buffers, levelers,
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8 | | and deflector sheaves (or equivalent mechanisms in the |
9 | | case of hydraulic elevators); |
10 | | (C) replace hoistway wiring; |
11 | | (D) replace door operators and linkage; |
12 | | (E) replace door panels at each opening; |
13 | | (F) replace hall stations, car stations, and |
14 | | signal fixtures; or |
15 | | (G) rebuild the car shell and refinish the |
16 | | interior. |
17 | | (9) Health and safety. |
18 | | (A) install or replace fire suppression systems; |
19 | | (B) install or replace security systems; or |
20 | | (C) environmental remediation of lead-based paint, |
21 | | asbestos, leaking underground storage tanks, or radon. |
22 | | (10) Energy conservation improvements undertaken to |
23 | | limit the amount of solar energy absorbed by a building's |
24 | | roof or to reduce energy use for the property, including |
25 | | any of the following activities: |
26 | | (A) installing or replacing reflective roof |
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1 | | coatings (flat roofs); |
2 | | (B) installing or replacing R-38 roof insulation; |
3 | | (C) installing or replacing R-19 perimeter wall |
4 | | insulation; |
5 | | (D) installing or replacing insulated entry doors; |
6 | | (E) installing or replacing Low E, insulated |
7 | | windows; |
8 | | (F) installing or replacing low-flow plumbing |
9 | | fixtures; |
10 | | (G) installing or replacing 90% sealed combustion |
11 | | heating systems; |
12 | | (H) installing or replacing direct exhaust hot |
13 | | water heaters; |
14 | | (I) installing or replacing mechanical ventilation |
15 | | to exterior for kitchens and baths; |
16 | | (J) installing or replacing Energy Star |
17 | | appliances; |
18 | | (K) installing low VOC interior paints on interior |
19 | | finishes; |
20 | | (L) installing or replacing fluorescent lighting |
21 | | in common areas; or |
22 | | (M) installing or replacing grading and |
23 | | landscaping to promote on-site water retention. |
24 | | (b) For the first 7 years after the improvements are placed |
25 | | in service, the assessed value of the improvements shall be |
26 | | reduced by an amount equal to 90% of the difference between the |
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1 | | base year assessed value of the improvements and the assessed |
2 | | value of the improvements in the current taxable year. The |
3 | | property will continue to be eligible for the benefits under |
4 | | this Section in the eighth and ninth taxable years after the |
5 | | improvements are placed in service, calculated as follows, if |
6 | | and only if all of the factors in subsection (a) of this |
7 | | Section continue to be met: in the eighth taxable year, the |
8 | | assessed value of the improvements shall be reduced by an |
9 | | amount equal to 65% of the difference between the base year |
10 | | assessed value of the improvements and the assessed value of |
11 | | the improvements in the current taxable year, and in the ninth |
12 | | taxable year, the assessed value of the improvements shall be |
13 | | reduced by an amount equal to 35% of the difference between the |
14 | | base year assessed value of the improvements and the assessed |
15 | | value of the improvements in the current taxable year. The |
16 | | benefit will cease in the tenth taxable year. |
17 | | (c) In order to receive benefits under this Section, in |
18 | | addition to any information required by the chief county |
19 | | assessment officer, the taxpayer must also submit the following |
20 | | information to the chief county assessment officer for review: |
21 | | (1) the owner's name; |
22 | | (2) the postal address and permanent index number of |
23 | | the parcel; |
24 | | (3) a deed or other instrument conveying the parcel to |
25 | | the current owner; |
26 | | (4) evidence that the purchase price is within the |
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1 | | Federal Housing Administration's loan limits for the area |
2 | | in which the improvement is located; |
3 | | (5) certification that the parcel was unoccupied at the |
4 | | time of conveyance to the current owner for a minimum of at |
5 | | least 6 months; |
6 | | (6) evidence that the parcel is clear of unreleased |
7 | | liens and has no outstanding tax liabilities attached |
8 | | against it; |
9 | | (7) evidence that the improvements meet local building |
10 | | codes, or if there are no local building codes, Housing |
11 | | Quality Standards, as determined by the U.S. Department of |
12 | | Housing and Urban Development from time to time, which may |
13 | | be shown by a certificate of occupancy issued by the |
14 | | appropriate local government or the certification by a home |
15 | | inspector licensed by the State of Illinois; and |
16 | | (8) any additional information as reasonably required |
17 | | by the chief county assessment officer. |
18 | | (d) The chief county assessment officer shall notify the |
19 | | taxpayer as to whether or not the parcel meets the requirements |
20 | | of this Section. If the parcel does not meet the requirements |
21 | | of this Section, the chief county assessment officer shall |
22 | | provide written notice of any deficiencies to the taxpayer, who |
23 | | will then have 14 days from the date of
notification to provide |
24 | | supplemental information showing compliance with this Section. |
25 | | If the taxpayer does not exercise this right to cure the |
26 | | deficiency, or if the information submitted, in the sole |
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1 | | judgment of the chief county assessment officer, is |
2 | | insufficient to meet the requirements of this Section, the
|
3 | | chief county assessment officer shall provide a written |
4 | | explanation of the reasons for denial. A taxpayer may |
5 | | subsequently reapply for the benefit if the deficiencies are |
6 | | cured at a later date, but no later than 2019. The chief county |
7 | | assessment officer may charge a reasonable application fee to |
8 | | offset the administrative expenses associated with the |
9 | | program. |
10 | | (e) The benefit conferred by this Section is limited as |
11 | | follows: |
12 | | (1) The owner is eligible to apply for the benefit |
13 | | conferred by this Section beginning January 1, 2015 through |
14 | | December 31, 2019. If approved, the reduction will be |
15 | | effective for the current taxable year, which will be |
16 | | reflected in the tax bill issued in the following taxable |
17 | | year. |
18 | | (2) The reduction outlined in this Section shall |
19 | | continue for a period of 10 years, and may not be extended |
20 | | or renewed for any additional period. |
21 | | (3) At the completion of the assessment freeze period |
22 | | described here, the entire parcel will be assessed as |
23 | | otherwise provided in this Code. |
24 | | (4) If there is a transfer of ownership during the |
25 | | period of the assessment freeze, then the benefit conferred |
26 | | by this Section shall not apply on or after the date of |
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1 | | that transfer unless (i) the property is conveyed by an |
2 | | owner who does not occupy the improvements as a primary |
3 | | residence to an owner who will occupy the improvements as a |
4 | | primary residence and (ii) all requirements of this Section |
5 | | continue to be met. |
6 | | (f) If the taxpayer does not occupy or intend to occupy the |
7 | | residential dwelling as his or her principal residence within a |
8 | | reasonable time, as determined by the chief county assessment |
9 | | officer, the taxpayer must: |
10 | | (1) immediately secure the residential dwelling in |
11 | | accordance with the requirements of this Section; |
12 | | (2) complete sufficient rehabilitation to bring the |
13 | | improvements into compliance with local building codes, |
14 | | including, without limitation, regulations concerning |
15 | | lead-based paint and asbestos remediation; and |
16 | | (3) complete rehabilitation within 18 months of |
17 | | conveyance. |
18 | | (g) For the purposes of this Section, |
19 | | "Base year" means the taxable year prior to the taxable |
20 | | year in which the property is purchased by the eligible |
21 | | homeowner. |
22 | | "Secure" means that: |
23 | | (1) all doors and windows are closed and secured |
24 | | using secure doors, windows without broken or cracked |
25 | | panes, commercial-quality metal security panels filled |
26 | | with
like-kind material as the surrounding wall, or |
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1 | | plywood
installed and secured in accordance with local |
2 | | ordinances; at least one building entrance shall be |
3 | | accessible from the
exterior and secured with a door |
4 | | that is locked to allow
access only to authorized |
5 | | persons; |
6 | | (2) all grass and weeds on the vacant residential
|
7 | | property are maintained below 10 inches in height, |
8 | | unless a
local ordinance imposes a lower height; |
9 | | (3) debris, trash, and litter on any portion of the
|
10 | | exterior of the vacant residential property is removed |
11 | | in
compliance with local ordinance; |
12 | | (4) fences, gates, stairs, and steps that lead to |
13 | | the
main entrance of the building are maintained in a
|
14 | | structurally sound and reasonable manner; |
15 | | (5) the property is winterized when appropriate; |
16 | | (6) the exterior of the improvements are |
17 | | reasonably
maintained to ensure the safety of |
18 | | passersby; and |
19 | | (7) vermin and pests are regularly exterminated on |
20 | | the
exterior and interior of the property. |
21 | | "Targeted area" means a distressed community that |
22 | | meets the geographic, poverty, and unemployment criteria |
23 | | for a distressed community set forth in 12 C.F.R. 1806.200.
|
24 | | (Source: P.A. 98-789, eff. 1-1-15 .) |
25 | | (35 ILCS 200/Art. 15 Div. 1 heading new) |
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1 | | Division 1. Non-homestead exemptions in all counties |
2 | | (35 ILCS 200/15-13 new) |
3 | | Sec. 15-13. Applicability. This Division 1 applies in all |
4 | | counties and encompasses this Section and Sections occurring |
5 | | after this Section and prior to Section 15-163. |
6 | | (35 ILCS 200/Art. 15 Div. 2 heading new) |
7 | | Division 2. Homestead exemptions in counties of 3,000,000 or |
8 | | more inhabitants |
9 | | (35 ILCS 200/15-163 new) |
10 | | Sec. 15-163. Applicability. This Division 2 applies in |
11 | | counties with 3,000,000 or more inhabitants and encompasses |
12 | | this Section and Sections occurring after this Section and |
13 | | prior to Section 15-261. |
14 | | (35 ILCS 200/15-167) |
15 | | Sec. 15-167. Returning Veterans' Homestead Exemption. |
16 | | (a) Beginning with taxable year 2007, a homestead |
17 | | exemption, limited to a reduction set forth under subsection |
18 | | (b), from the property's value, as equalized or assessed by the |
19 | | Department, is granted for property that is owned and occupied |
20 | | as the principal residence of a veteran returning from an armed |
21 | | conflict involving the armed forces of the United States who is |
22 | | liable for paying real estate taxes on the property and is an |
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1 | | owner of record of the property or has a legal or equitable |
2 | | interest therein as evidenced by a written instrument, except |
3 | | for a leasehold interest, other than a leasehold interest of |
4 | | land on which a single family residence is located, which is |
5 | | occupied as the principal residence of a veteran returning from |
6 | | an armed conflict involving the armed forces of the United |
7 | | States who has an ownership interest therein, legal, equitable |
8 | | or as a lessee, and on which he or she is liable for the payment |
9 | | of property taxes. For purposes of the exemption under this |
10 | | Section, "veteran" means an Illinois resident who has served as |
11 | | a member of the United States Armed Forces, a member of the |
12 | | Illinois National Guard, or a member of the United States |
13 | | Reserve Forces. |
14 | | (b) The In all counties, the reduction is $5,000 for the |
15 | | taxable year in which the veteran returns from active duty in |
16 | | an armed conflict involving the armed forces of the United |
17 | | States; however, if the veteran first acquires his or her |
18 | | principal residence during the taxable year in which he or she |
19 | | returns, but after January 1 of that year, and if the property |
20 | | is owned and occupied by the veteran as a principal residence |
21 | | on January 1 of the next taxable year, he or she may apply the |
22 | | exemption for the next taxable year, and only the next taxable |
23 | | year, after he or she returns. Beginning in taxable year 2010, |
24 | | the reduction shall also be allowed for the taxable year after |
25 | | the taxable year in which the veteran returns from active duty |
26 | | in an armed conflict involving the armed forces of the United |
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1 | | States. For land improved with an apartment building owned and |
2 | | operated as a cooperative, the maximum reduction from the value |
3 | | of the property, as equalized by the Department, must be |
4 | | multiplied by the number of apartments or units occupied by a |
5 | | veteran returning from an armed conflict involving the armed |
6 | | forces of the United States who is liable, by contract with the |
7 | | owner or owners of record, for paying property taxes on the |
8 | | property and is an owner of record of a legal or equitable |
9 | | interest in the cooperative apartment building, other than a |
10 | | leasehold interest. In a cooperative where a homestead |
11 | | exemption has been granted, the cooperative association or the |
12 | | management firm of the cooperative or facility shall credit the |
13 | | savings resulting from that exemption only to the apportioned |
14 | | tax liability of the owner or resident who qualified for the |
15 | | exemption. Any person who willfully refuses to so credit the |
16 | | savings is guilty of a Class B misdemeanor. |
17 | | (c) Application must be made during the application period |
18 | | in effect for the county of his or her residence. The assessor |
19 | | or chief county assessment officer may determine the |
20 | | eligibility of residential property to receive the homestead |
21 | | exemption provided by this Section by application, visual |
22 | | inspection, questionnaire, or other reasonable methods. The |
23 | | determination must be made in accordance with guidelines |
24 | | established by the Department. |
25 | | (d) The exemption under this Section is in addition to any |
26 | | other homestead exemption provided in this Article 15. |
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1 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, no |
2 | | reimbursement by the State is required for the implementation |
3 | | of any mandate created by this Section.
|
4 | | (Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10; |
5 | | 97-333, eff. 8-12-11.) |
6 | | (35 ILCS 200/15-168) |
7 | | Sec. 15-168. Homestead exemption for persons with |
8 | | disabilities. |
9 | | (a) Beginning with taxable year 2007, an
annual homestead |
10 | | exemption is granted to persons with disabilities in
the amount |
11 | | of $2,000, except as provided in subsection (c), to
be deducted |
12 | | from the property's value as equalized or assessed
by the |
13 | | Department of Revenue. The person with a disability shall |
14 | | receive
the homestead exemption upon meeting the following
|
15 | | requirements: |
16 | | (1) The property must be occupied as the primary |
17 | | residence by the person with a disability. |
18 | | (2) The person with a disability must be liable for |
19 | | paying the
real estate taxes on the property. |
20 | | (3) The person with a disability must be an owner of |
21 | | record of
the property or have a legal or equitable |
22 | | interest in the
property as evidenced by a written |
23 | | instrument. In the case
of a leasehold interest in |
24 | | property, the lease must be for
a single family residence. |
25 | | A person who has a disability during the taxable year
is |
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1 | | eligible to apply for this homestead exemption during that
|
2 | | taxable year. Application must be made during the
application |
3 | | period in effect for the county of residence. If a
homestead |
4 | | exemption has been granted under this Section and the
person |
5 | | awarded the exemption subsequently becomes a resident of
a |
6 | | facility licensed under the Nursing Home Care Act, the |
7 | | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD |
8 | | Community Care Act, or the MC/DD Act, then the
exemption shall |
9 | | continue (i) so long as the residence continues
to be occupied |
10 | | by the qualifying person's spouse or (ii) if the
residence |
11 | | remains unoccupied but is still owned by the person
qualified |
12 | | for the homestead exemption. |
13 | | (b) For the purposes of this Section, "person with a |
14 | | disability"
means a person unable to engage in any substantial |
15 | | gainful activity by reason of a medically determinable physical |
16 | | or mental impairment which can be expected to result in death |
17 | | or has lasted or can be expected to last for a continuous |
18 | | period of not less than 12 months. Persons with disabilities |
19 | | filing claims under this Act shall submit proof of disability |
20 | | in such form and manner as the Department shall by rule and |
21 | | regulation prescribe. Proof that a claimant is eligible to |
22 | | receive disability benefits under the Federal Social Security |
23 | | Act shall constitute proof of disability for purposes of this |
24 | | Act. Issuance of an Illinois Person with a Disability |
25 | | Identification Card stating that the claimant is under a Class |
26 | | 2 disability, as defined in Section 4A of the Illinois |
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1 | | Identification Card Act, shall constitute proof that the person |
2 | | named thereon is a person with a disability for purposes of |
3 | | this Act. A person with a disability not covered under the |
4 | | Federal Social Security Act and not presenting an Illinois |
5 | | Person with a Disability Identification Card stating that the |
6 | | claimant is under a Class 2 disability shall be examined by a |
7 | | physician, advanced practice nurse, or physician assistant |
8 | | designated by the Department, and his status as a person with a |
9 | | disability determined using the same standards as used by the |
10 | | Social Security Administration. The costs of any required |
11 | | examination shall be borne by the claimant. |
12 | | (c) For land improved with (i) an apartment building owned
|
13 | | and operated as a cooperative or (ii) a life care facility as
|
14 | | defined under Section 2 of the Life Care Facilities Act that is
|
15 | | considered to be a cooperative, the maximum reduction from the
|
16 | | value of the property, as equalized or assessed by the
|
17 | | Department, shall be multiplied by the number of apartments or
|
18 | | units occupied by a person with a disability. The person with a |
19 | | disability shall
receive the homestead exemption upon meeting |
20 | | the following
requirements: |
21 | | (1) The property must be occupied as the primary |
22 | | residence by the
person with a disability. |
23 | | (2) The person with a disability must be liable by |
24 | | contract with
the owner or owners of record for paying the |
25 | | apportioned
property taxes on the property of the |
26 | | cooperative or life
care facility. In the case of a life |
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1 | | care facility, the
person with a disability must be liable |
2 | | for paying the apportioned
property taxes under a life care |
3 | | contract as defined in Section 2 of the Life Care |
4 | | Facilities Act. |
5 | | (3) The person with a disability must be an owner of |
6 | | record of a
legal or equitable interest in the cooperative |
7 | | apartment
building. A leasehold interest does not meet this
|
8 | | requirement.
|
9 | | If a homestead exemption is granted under this subsection, the
|
10 | | cooperative association or management firm shall credit the
|
11 | | savings resulting from the exemption to the apportioned tax
|
12 | | liability of the qualifying person with a disability. The |
13 | | assessor chief county
assessment officer may request |
14 | | reasonable proof that the
association or firm has properly |
15 | | credited the exemption. A
person who willfully refuses to |
16 | | credit an exemption to the
qualified person with a disability |
17 | | is guilty of a Class B misdemeanor.
|
18 | | (d) The assessor chief county assessment officer shall |
19 | | determine the
eligibility of property to receive the homestead |
20 | | exemption
according to guidelines established by the |
21 | | Department. After a
person has received an exemption under this |
22 | | Section, an annual
verification of eligibility for the |
23 | | exemption shall be mailed
to the taxpayer. |
24 | | In counties with fewer than 3,000,000 inhabitants, the |
25 | | chief county assessment officer shall provide to each
person |
26 | | granted a homestead exemption under this Section a form
to |
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1 | | designate any other person to receive a duplicate of any
notice |
2 | | of delinquency in the payment of taxes assessed and
levied |
3 | | under this Code on the person's qualifying property. The
|
4 | | duplicate notice shall be in addition to the notice required to
|
5 | | be provided to the person receiving the exemption and shall be |
6 | | given in the manner required by this Code. The person filing
|
7 | | the request for the duplicate notice shall pay an
|
8 | | administrative fee of $5 to the chief county assessment
|
9 | | officer. The assessment officer shall then file the executed
|
10 | | designation with the county collector, who shall issue the
|
11 | | duplicate notices as indicated by the designation. A
|
12 | | designation may be rescinded by the person with a disability in |
13 | | the
manner required by the chief county assessment officer. |
14 | | (e) A taxpayer who claims an exemption under Section 15-165 |
15 | | or 15-169 may not claim an exemption under this Section.
|
16 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; |
17 | | 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. |
18 | | 7-28-16 .) |
19 | | (35 ILCS 200/15-169) |
20 | | Sec. 15-169. Homestead exemption for veterans with |
21 | | disabilities. |
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), is granted for property that is used as a qualified |
25 | | residence by a veteran with a disability. |
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1 | | (b) For taxable years prior to 2015, the amount of the |
2 | | exemption under this Section is as follows: |
3 | | (1) for veterans with a service-connected disability |
4 | | of at least (i) 75% for exemptions granted in taxable years |
5 | | 2007 through 2009 and (ii) 70% for exemptions granted in |
6 | | taxable year 2010 and each taxable year thereafter, as |
7 | | certified by the United States Department of Veterans |
8 | | Affairs, the annual exemption is $5,000; and |
9 | | (2) for veterans with a service-connected disability |
10 | | of at least 50%, but less than (i) 75% for exemptions |
11 | | granted in taxable years 2007 through 2009 and (ii) 70% for |
12 | | exemptions granted in taxable year 2010 and each taxable |
13 | | year thereafter, as certified by the United States |
14 | | Department of Veterans Affairs, the annual exemption is |
15 | | $2,500. |
16 | | (b-3) For taxable years 2015 and thereafter: |
17 | | (1) if the veteran has a service connected disability |
18 | | of 30% or more but less than 50%, as certified by the |
19 | | United States Department of Veterans Affairs, then the |
20 | | annual exemption is $2,500; |
21 | | (2) if the veteran has a service connected disability |
22 | | of 50% or more but less than 70%, as certified by the |
23 | | United States Department of Veterans Affairs, then the |
24 | | annual exemption is $5,000; and |
25 | | (3) if the veteran has a service connected disability |
26 | | of 70% or more, as certified by the United States |
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1 | | Department of Veterans Affairs, then the property is exempt |
2 | | from taxation under this Code. |
3 | | (b-5) If a homestead exemption is granted under this |
4 | | Section and the person awarded the exemption subsequently |
5 | | becomes a resident of a facility licensed under the Nursing |
6 | | Home Care Act or a facility operated by the United States |
7 | | Department of Veterans Affairs, then the exemption shall |
8 | | continue (i) so long as the residence continues to be occupied |
9 | | by the qualifying person's spouse or (ii) if the residence |
10 | | remains unoccupied but is still owned by the person who |
11 | | qualified for the homestead exemption. |
12 | | (c) The tax exemption under this Section carries over to |
13 | | the benefit of the veteran's
surviving spouse as long as the |
14 | | spouse holds the legal or
beneficial title to the homestead, |
15 | | permanently resides
thereon, and does not remarry. If the |
16 | | surviving spouse sells
the property, an exemption not to exceed |
17 | | the amount granted
from the most recent ad valorem tax roll may |
18 | | be transferred to
his or her new residence as long as it is |
19 | | used as his or her
primary residence and he or she does not |
20 | | remarry. |
21 | | (c-1) Beginning with taxable year 2015, nothing in this |
22 | | Section shall require the veteran to have qualified for or |
23 | | obtained the exemption before death if the veteran was killed |
24 | | in the line of duty. |
25 | | (d) The exemption under this Section applies for taxable |
26 | | year 2007 and thereafter. A taxpayer who claims an exemption |
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1 | | under Section 15-165 or 15-168 may not claim an exemption under |
2 | | this Section. |
3 | | (e) Each taxpayer who has been granted an exemption under |
4 | | this Section must reapply on an annual basis. Application must |
5 | | be made during the application period
in effect for the county |
6 | | of his or her residence. The assessor
or chief county |
7 | | assessment officer may determine the
eligibility of |
8 | | residential property to receive the homestead
exemption |
9 | | provided by this Section by application, visual
inspection, |
10 | | questionnaire, or other reasonable methods. The
determination |
11 | | must be made in accordance with guidelines
established by the |
12 | | Department. |
13 | | (f) For the purposes of this Section: |
14 | | "Qualified residence" means real
property, but less any |
15 | | portion of that property that is used for
commercial purposes, |
16 | | with an equalized assessed value of less than $250,000 that is |
17 | | the primary residence of a veteran with a disability. Property |
18 | | rented for more than 6 months is
presumed to be used for |
19 | | commercial purposes. |
20 | | "Veteran" means an Illinois resident who has served as a
|
21 | | member of the United States Armed Forces on active duty or
|
22 | | State active duty, a member of the Illinois National Guard, or
|
23 | | a member of the United States Reserve Forces and who has |
24 | | received an honorable discharge. |
25 | | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15; |
26 | | 99-375, eff. 8-17-15; 99-642, eff. 7-28-16.) |
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1 | | (35 ILCS 200/15-170) |
2 | | Sec. 15-170. Senior Citizens Homestead Exemption. An |
3 | | annual homestead
exemption limited, except as described here |
4 | | with relation to cooperatives or
life care facilities, to a
|
5 | | maximum reduction set forth below from the property's value, as |
6 | | equalized or
assessed by the Department, is granted for |
7 | | property that is occupied as a
residence by a person 65 years |
8 | | of age or older who is liable for paying real
estate taxes on |
9 | | the property and is an owner of record of the property or has a
|
10 | | legal or equitable interest therein as evidenced by a written |
11 | | instrument,
except for a leasehold interest, other than a |
12 | | leasehold interest of land on
which a single family residence |
13 | | is located, which is occupied as a residence by
a person 65 |
14 | | years or older who has an ownership interest therein, legal,
|
15 | | equitable or as a lessee, and on which he or she is liable for |
16 | | the payment
of property taxes. Before taxable year 2004, the |
17 | | maximum reduction shall be $2,500 in counties with
3,000,000 or |
18 | | more inhabitants and $2,000 in all other counties . For taxable |
19 | | years 2004 through 2005, the maximum reduction shall be $3,000 |
20 | | in all counties . For taxable years 2006 and 2007, the maximum |
21 | | reduction shall be $3,500. For taxable years 2008 through 2011, |
22 | | the maximum reduction is $4,000 in all counties .
For taxable |
23 | | year 2012, the maximum reduction is $5,000 in counties with
|
24 | | 3,000,000 or more inhabitants and $4,000 in all other counties . |
25 | | For taxable years 2013 and thereafter, the maximum reduction is |
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1 | | $5,000 in all counties . |
2 | | For land
improved with an apartment building owned and |
3 | | operated as a cooperative, the maximum reduction from the value |
4 | | of the property, as
equalized
by the Department, shall be |
5 | | multiplied by the number of apartments or units
occupied by a |
6 | | person 65 years of age or older who is liable, by contract with
|
7 | | the owner or owners of record, for paying property taxes on the |
8 | | property and
is an owner of record of a legal or equitable |
9 | | interest in the cooperative
apartment building, other than a |
10 | | leasehold interest. For land improved with
a life care |
11 | | facility, the maximum reduction from the value of the property, |
12 | | as
equalized by the Department, shall be multiplied by the |
13 | | number of apartments or
units occupied by persons 65 years of |
14 | | age or older, irrespective of any legal,
equitable, or |
15 | | leasehold interest in the facility, who are liable, under a
|
16 | | contract with the owner or owners of record of the facility, |
17 | | for paying
property taxes on the property. In a
cooperative or |
18 | | a life care facility where a
homestead exemption has been |
19 | | granted, the cooperative association or the
management firm of |
20 | | the cooperative or facility shall credit the savings
resulting |
21 | | from that exemption only to
the apportioned tax liability of |
22 | | the owner or resident who qualified for
the exemption.
Any |
23 | | person who willfully refuses to so credit the savings shall be |
24 | | guilty of a
Class B misdemeanor. Under this Section and |
25 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means |
26 | | a facility, as defined in Section 2 of the Life Care Facilities
|
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1 | | Act, with which the applicant for the homestead exemption has a |
2 | | life care
contract as defined in that Act. |
3 | | When a homestead exemption has been granted under this |
4 | | Section and the person
qualifying subsequently becomes a |
5 | | resident of a facility licensed under the Assisted Living and |
6 | | Shared Housing Act, the Nursing Home Care Act, the Specialized |
7 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
8 | | Care Act, or the MC/DD Act, the exemption shall continue so |
9 | | long as the residence
continues to be occupied by the |
10 | | qualifying person's spouse if the spouse is 65
years of age or |
11 | | older, or if the residence remains unoccupied but is still
|
12 | | owned by the person qualified for the homestead exemption. |
13 | | A person who will be 65 years of age
during the current |
14 | | assessment year
shall
be eligible to apply for the homestead |
15 | | exemption during that assessment
year.
Application shall be |
16 | | made during the application period in effect for the
county of |
17 | | his residence. |
18 | | Beginning with assessment year 2003, for taxes payable in |
19 | | 2004,
property
that is first occupied as a residence after |
20 | | January 1 of any assessment year by
a person who is eligible |
21 | | for the senior citizens homestead exemption under this
Section |
22 | | must be granted a pro-rata exemption for the assessment year. |
23 | | The
amount of the pro-rata exemption is the exemption
allowed |
24 | | in the county under this Section divided by 365 and multiplied |
25 | | by the
number of days during the assessment year the property |
26 | | is occupied as a
residence by a
person eligible for the |
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1 | | exemption under this Section. The assessor chief county
|
2 | | assessment officer must adopt reasonable procedures to |
3 | | establish eligibility
for this pro-rata exemption. |
4 | | The assessor or chief county assessment officer may |
5 | | determine the eligibility
of a life care facility to receive |
6 | | the benefits provided by this Section, by
affidavit, |
7 | | application, visual inspection, questionnaire or other |
8 | | reasonable
methods in order to insure that the tax savings |
9 | | resulting from the exemption
are credited by the management |
10 | | firm to the apportioned tax liability of each
qualifying |
11 | | resident. The assessor may request reasonable proof that the
|
12 | | management firm has so credited the exemption. |
13 | | The chief county assessment officer of each county with |
14 | | less than 3,000,000
inhabitants shall provide to each person |
15 | | allowed a homestead exemption under
this Section a form to |
16 | | designate any other person to receive a
duplicate of any notice |
17 | | of delinquency in the payment of taxes assessed and
levied |
18 | | under this Code on the property of the person receiving the |
19 | | exemption.
The duplicate notice shall be in addition to the |
20 | | notice required to be
provided to the person receiving the |
21 | | exemption, and shall be given in the
manner required by this |
22 | | Code. The person filing the request for the duplicate
notice |
23 | | shall pay a fee of $5 to cover administrative costs to the |
24 | | supervisor of
assessments, who shall then file the executed |
25 | | designation with the county
collector. Notwithstanding any |
26 | | other provision of this Code to the contrary,
the filing of |
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1 | | such an executed designation requires the county collector to
|
2 | | provide duplicate notices as indicated by the designation. A |
3 | | designation may
be rescinded by the person who executed such |
4 | | designation at any time, in the
manner and form required by the |
5 | | chief county assessment officer. |
6 | | The assessor or chief county assessment officer may |
7 | | determine the
eligibility of residential property to receive |
8 | | the homestead exemption provided
by this Section by |
9 | | application, visual inspection, questionnaire or other
|
10 | | reasonable methods. The determination shall be made in |
11 | | accordance with
guidelines established by the Department. |
12 | | Beginning In counties with 3,000,000 or more inhabitants, |
13 | | beginning in taxable year 2010, each taxpayer who has been |
14 | | granted an exemption under this Section must reapply on an |
15 | | annual basis. The assessor chief county assessment officer |
16 | | shall mail the application to the taxpayer. In counties with |
17 | | less than 3,000,000 inhabitants, the county board may by
|
18 | | resolution provide that if a person has been granted a |
19 | | homestead exemption
under this Section, the person qualifying |
20 | | need not reapply for the exemption. |
21 | | In counties with less than 3,000,000 inhabitants, if the |
22 | | assessor or chief
county assessment officer requires annual |
23 | | application for verification of
eligibility for an exemption |
24 | | once granted under this Section, the application
shall be |
25 | | mailed to the taxpayer. |
26 | | The assessor or chief county assessment officer shall |
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1 | | notify each person
who qualifies for an exemption under this |
2 | | Section that the person may also
qualify for deferral of real |
3 | | estate taxes under the Senior Citizens Real Estate
Tax Deferral |
4 | | Act. The notice shall set forth the qualifications needed for
|
5 | | deferral of real estate taxes, the address and telephone number |
6 | | of
county collector, and a
statement that applications for |
7 | | deferral of real estate taxes may be obtained
from the county |
8 | | collector. |
9 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
10 | | no
reimbursement by the State is required for the |
11 | | implementation of any mandate
created by this Section. |
12 | | (Source: P.A. 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; 98-756, |
13 | | eff. 7-16-14; 99-180, eff. 7-29-15.)
|
14 | | (35 ILCS 200/15-172)
|
15 | | Sec. 15-172. Senior Citizens Assessment Freeze Homestead |
16 | | Exemption.
|
17 | | (a) This Section may be cited as the Senior Citizens |
18 | | Assessment
Freeze Homestead Exemption.
|
19 | | (b) As used in this Section:
|
20 | | "Applicant" means an individual who has filed an |
21 | | application under this
Section.
|
22 | | "Base amount" means the base year equalized assessed value |
23 | | of the residence
plus the first year's equalized assessed value |
24 | | of any added improvements which
increased the assessed value of |
25 | | the residence after the base year.
|
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1 | | "Base year" means the taxable year prior to the taxable |
2 | | year for which the
applicant first qualifies and applies for |
3 | | the exemption provided that in the
prior taxable year the |
4 | | property was improved with a permanent structure that
was |
5 | | occupied as a residence by the applicant who was liable for |
6 | | paying real
property taxes on the property and who was either |
7 | | (i) an owner of record of the
property or had legal or |
8 | | equitable interest in the property as evidenced by a
written |
9 | | instrument or (ii) had a legal or equitable interest as a |
10 | | lessee in the
parcel of property that was single family |
11 | | residence.
If in any subsequent taxable year for which the |
12 | | applicant applies and
qualifies for the exemption the equalized |
13 | | assessed value of the residence is
less than the equalized |
14 | | assessed value in the existing base year
(provided that such |
15 | | equalized assessed value is not
based
on an
assessed value that |
16 | | results from a temporary irregularity in the property that
|
17 | | reduces the
assessed value for one or more taxable years), then |
18 | | that
subsequent taxable year shall become the base year until a |
19 | | new base year is
established under the terms of this paragraph. |
20 | | For taxable year 1999 only, the
assessor Chief County |
21 | | Assessment Officer shall review (i) all taxable years for which
|
22 | | the
applicant applied and qualified for the exemption and (ii) |
23 | | the existing base
year.
The assessor assessment officer shall |
24 | | select as the new base year the year with the
lowest equalized |
25 | | assessed value.
An equalized assessed value that is based on an |
26 | | assessed value that results
from a
temporary irregularity in |
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1 | | the property that reduces the assessed value for one
or more
|
2 | | taxable years shall not be considered the lowest equalized |
3 | | assessed value.
The selected year shall be the base year for
|
4 | | taxable year 1999 and thereafter until a new base year is |
5 | | established under the
terms of this paragraph.
|
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 as |
10 | | equalized by the
Illinois 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, except that, beginning in assessment year 2001, |
20 | | "income" does not
include veteran's benefits.
|
21 | | "Internal Revenue Code of 1986" means the United States |
22 | | Internal Revenue Code
of 1986 or any successor law or laws |
23 | | relating to federal income taxes in effect
for the year |
24 | | preceding the taxable year.
|
25 | | "Life care facility that qualifies as a cooperative" means |
26 | | a facility as
defined in Section 2 of the Life Care Facilities |
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1 | | Act.
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2 | | "Maximum income limitation" means: |
3 | | (1) $35,000 prior
to taxable year 1999; |
4 | | (2) $40,000 in taxable years 1999 through 2003; |
5 | | (3) $45,000 in taxable years 2004 through 2005; |
6 | | (4) $50,000 in taxable years 2006 and 2007; and |
7 | | (5) $55,000 in taxable year 2008 and thereafter.
|
8 | | "Residence" means the principal dwelling place and |
9 | | appurtenant structures
used for residential purposes in this |
10 | | State occupied on January 1 of the
taxable year by a household |
11 | | and so much of the surrounding land, constituting
the parcel |
12 | | upon which the dwelling place is situated, as is used for
|
13 | | residential purposes. If the assessor Chief County Assessment |
14 | | Officer has established a
specific legal description for a |
15 | | portion of property constituting the
residence, then that |
16 | | portion of property shall be deemed the residence for the
|
17 | | purposes of this Section.
|
18 | | "Taxable year" means the calendar year during which ad |
19 | | valorem property taxes
payable in the next succeeding year are |
20 | | levied.
|
21 | | (c) Beginning in taxable year 1994, a senior citizens |
22 | | assessment freeze
homestead exemption is granted for real |
23 | | property that is improved with a
permanent structure that is |
24 | | occupied as a residence by an applicant who (i) is
65 years of |
25 | | age or older during the taxable year, (ii) has a household |
26 | | income that does not exceed the maximum income limitation, |
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1 | | (iii) is liable for paying real property taxes on
the
property, |
2 | | and (iv) is an owner of record of the property or has a legal or
|
3 | | equitable interest in the property as evidenced by a written |
4 | | instrument. This
homestead exemption shall also apply to a |
5 | | leasehold interest in a parcel of
property improved with a |
6 | | permanent structure that is a single family residence
that is |
7 | | occupied as a residence by a person who (i) is 65 years of age |
8 | | or older
during the taxable year, (ii) has a household income |
9 | | that does not exceed the maximum income limitation,
(iii)
has a |
10 | | legal or equitable ownership interest in the property as |
11 | | lessee, and (iv)
is liable for the payment of real property |
12 | | taxes on that property.
|
13 | | The In counties of 3,000,000 or more inhabitants, the |
14 | | amount of the exemption for all taxable years is the equalized |
15 | | assessed value of the
residence in the taxable year for which |
16 | | application is made minus the base
amount. In all other |
17 | | counties, the amount of the exemption is as follows: (i) |
18 | | through taxable year 2005 and for taxable year 2007 and |
19 | | thereafter, the amount of this exemption shall be the equalized |
20 | | assessed value of the
residence in the taxable year for which |
21 | | application is made minus the base
amount; and (ii) for
taxable |
22 | | year 2006, the amount of the exemption is as follows:
|
23 | | (1) For an applicant who has a household income of |
24 | | $45,000 or less, the amount of the exemption is the |
25 | | equalized assessed value of the
residence in the taxable |
26 | | year for which application is made minus the base
amount. |
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1 | | (2) For an applicant who has a household income |
2 | | exceeding $45,000 but not exceeding $46,250, the amount of |
3 | | the exemption is (i) the equalized assessed value of the
|
4 | | residence in the taxable year for which application is made |
5 | | minus the base
amount (ii) multiplied by 0.8. |
6 | | (3) For an applicant who has a household income |
7 | | exceeding $46,250 but not exceeding $47,500, the amount of |
8 | | the exemption is (i) the equalized assessed value of the
|
9 | | residence in the taxable year for which application is made |
10 | | minus the base
amount (ii) multiplied by 0.6. |
11 | | (4) For an applicant who has a household income |
12 | | exceeding $47,500 but not exceeding $48,750, the amount of |
13 | | the exemption is (i) the equalized assessed value of the
|
14 | | residence in the taxable year for which application is made |
15 | | minus the base
amount (ii) multiplied by 0.4. |
16 | | (5) For an applicant who has a household income |
17 | | exceeding $48,750 but not exceeding $50,000, the amount of |
18 | | the exemption is (i) the equalized assessed value of the
|
19 | | residence in the taxable year for which application is made |
20 | | minus the base
amount (ii) multiplied by 0.2.
|
21 | | When the applicant is a surviving spouse of an applicant |
22 | | for a prior year for
the same residence for which an exemption |
23 | | under this Section has been granted,
the base year and base |
24 | | amount for that residence are the same as for the
applicant for |
25 | | the prior year.
|
26 | | Each year at the time the assessment books are certified to |
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1 | | the County Clerk,
the Board of Review or Board of Appeals shall |
2 | | give to the County Clerk a list
of the assessed values of |
3 | | improvements on each parcel qualifying for this
exemption that |
4 | | were added after the base year for this parcel and that
|
5 | | increased the assessed value of the property.
|
6 | | In the case of land improved with an apartment building |
7 | | owned and operated as
a cooperative or a building that is a |
8 | | life care facility that qualifies as a
cooperative, the maximum |
9 | | reduction from the equalized assessed value of the
property is |
10 | | limited to the sum of the reductions calculated for each unit
|
11 | | occupied as a residence by a person or persons (i) 65 years of |
12 | | age or older, (ii) with a
household income that does not exceed |
13 | | the maximum income limitation, (iii) who is liable, by contract |
14 | | with the
owner
or owners of record, for paying real property |
15 | | taxes on the property, and (iv) who is
an owner of record of a |
16 | | legal or equitable interest in the cooperative
apartment |
17 | | building, other than a leasehold interest. In the instance of a
|
18 | | cooperative where a homestead exemption has been granted under |
19 | | this Section,
the cooperative association or its management |
20 | | firm shall credit the savings
resulting from that exemption |
21 | | only to the apportioned tax liability of the
owner who |
22 | | qualified for the exemption. Any person who willfully refuses |
23 | | to
credit that savings to an owner who qualifies for the |
24 | | exemption is guilty of a
Class B misdemeanor.
|
25 | | When a homestead exemption has been granted under this |
26 | | Section and an
applicant then becomes a resident of a facility |
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1 | | licensed under the Assisted Living and Shared Housing Act, the |
2 | | Nursing Home
Care Act, the Specialized Mental Health |
3 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
4 | | the MC/DD Act, the exemption shall be granted in subsequent |
5 | | years so long as the
residence (i) continues to be occupied by |
6 | | the qualified applicant's spouse or
(ii) if remaining |
7 | | unoccupied, is still owned by the qualified applicant for the
|
8 | | homestead exemption.
|
9 | | Beginning January 1, 1997, when an individual dies who |
10 | | would have qualified
for an exemption under this Section, and |
11 | | the surviving spouse does not
independently qualify for this |
12 | | exemption because of age, the exemption under
this Section |
13 | | shall be granted to the surviving spouse for the taxable year
|
14 | | preceding and the taxable
year of the death, provided that, |
15 | | except for age, the surviving spouse meets
all
other |
16 | | qualifications for the granting of this exemption for those |
17 | | years.
|
18 | | When married persons maintain separate residences, the |
19 | | exemption provided for
in this Section may be claimed by only |
20 | | one of such persons and for only one
residence.
|
21 | | For taxable year 1994 only, in counties having less than |
22 | | 3,000,000
inhabitants, to receive the exemption, a person shall |
23 | | submit an application by
February 15, 1995 to the Chief County |
24 | | Assessment Officer
of the county in which the property is |
25 | | located. In counties having 3,000,000
or more inhabitants, for |
26 | | taxable year 1994 and all subsequent taxable years, to
receive |
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1 | | the exemption, a person
may submit an application to the |
2 | | assessor Chief County
Assessment Officer of the county in which |
3 | | the property is located during such
period as may be specified |
4 | | by the assessor Chief County Assessment Officer . The assessor |
5 | | Chief
County Assessment Officer in counties of 3,000,000 or |
6 | | more inhabitants shall
annually give notice of the application |
7 | | period by mail or by publication. In
counties having less than |
8 | | 3,000,000 inhabitants, beginning with taxable year
1995 and |
9 | | thereafter, to receive the exemption, a person
shall
submit an
|
10 | | application by July 1 of each taxable year to the Chief County |
11 | | Assessment
Officer of the county in which the property is |
12 | | located. A county may, by
ordinance, establish a date for |
13 | | submission of applications that is
different than
July 1.
The |
14 | | applicant shall submit with the
application an affidavit of the |
15 | | applicant's total household income, age,
marital status (and if |
16 | | married the name and address of the applicant's spouse,
if |
17 | | known), and principal dwelling place of members of the |
18 | | household on January
1 of the taxable year. The Department |
19 | | shall establish, by rule, a method for
verifying the accuracy |
20 | | of affidavits filed by applicants under this Section, and the |
21 | | Chief County Assessment Officer may conduct audits of any |
22 | | taxpayer claiming an exemption under this Section to verify |
23 | | that the taxpayer is eligible to receive the exemption. Each |
24 | | application shall contain or be verified by a written |
25 | | declaration that it is made under the penalties of perjury. A |
26 | | taxpayer's signing a fraudulent application under this Act is |
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1 | | perjury, as defined in Section 32-2 of the Criminal Code of |
2 | | 2012.
The applications shall be clearly marked as applications |
3 | | for the Senior
Citizens Assessment Freeze Homestead Exemption |
4 | | and must contain a notice that any taxpayer who receives the |
5 | | exemption is subject to an audit by the assessor Chief County |
6 | | Assessment Officer .
|
7 | | Notwithstanding any other provision to the contrary, in |
8 | | counties having fewer
than 3,000,000 inhabitants, if an |
9 | | applicant fails
to file the application required by this |
10 | | Section in a timely manner and this
failure to file is due to a |
11 | | mental or physical condition sufficiently severe so
as to |
12 | | render the applicant incapable of filing the application in a |
13 | | timely
manner, the Chief County Assessment Officer may extend |
14 | | the filing deadline for
a period of 30 days after the applicant |
15 | | regains the capability to file the
application, but in no case |
16 | | may the filing deadline be extended beyond 3
months of the |
17 | | original filing deadline. In order to receive the extension
|
18 | | provided in this paragraph, the applicant shall provide the |
19 | | Chief County
Assessment Officer with a signed statement from |
20 | | the applicant's physician, advanced practice nurse, or |
21 | | physician assistant
stating the nature and extent of the |
22 | | condition, that, in the
physician's, advanced practice |
23 | | nurse's, or physician assistant's opinion, the condition was so |
24 | | severe that it rendered the applicant
incapable of filing the |
25 | | application in a timely manner, and the date on which
the |
26 | | applicant regained the capability to file the application.
|
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1 | | Beginning January 1, 1998, notwithstanding any other |
2 | | provision to the
contrary, in counties having fewer than |
3 | | 3,000,000 inhabitants, if an applicant
fails to file the |
4 | | application required by this Section in a timely manner and
|
5 | | this failure to file is due to a mental or physical condition |
6 | | sufficiently
severe so as to render the applicant incapable of |
7 | | filing the application in a
timely manner, the Chief County |
8 | | Assessment Officer may extend the filing
deadline for a period |
9 | | of 3 months. In order to receive the extension provided
in this |
10 | | paragraph, the applicant shall provide the Chief County |
11 | | Assessment
Officer with a signed statement from the applicant's |
12 | | physician, advanced practice nurse, or physician assistant |
13 | | stating the
nature and extent of the condition, and that, in |
14 | | the physician's, advanced practice nurse's, or physician |
15 | | assistant's opinion, the
condition was so severe that it |
16 | | rendered the applicant incapable of filing the
application in a |
17 | | timely manner.
|
18 | | In counties having less than 3,000,000 inhabitants, if an |
19 | | applicant was
denied an exemption in taxable year 1994 and the |
20 | | denial occurred due to an
error on the part of an assessment
|
21 | | official, or his or her agent or employee, then beginning in |
22 | | taxable year 1997
the
applicant's base year, for purposes of |
23 | | determining the amount of the exemption,
shall be 1993 rather |
24 | | than 1994. In addition, in taxable year 1997, the
applicant's |
25 | | exemption shall also include an amount equal to (i) the amount |
26 | | of
any exemption denied to the applicant in taxable year 1995 |
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1 | | as a result of using
1994, rather than 1993, as the base year, |
2 | | (ii) the amount of any exemption
denied to the applicant in |
3 | | taxable year 1996 as a result of using 1994, rather
than 1993, |
4 | | as the base year, and (iii) the amount of the exemption |
5 | | erroneously
denied for taxable year 1994.
|
6 | | For purposes of this Section, a person who will be 65 years |
7 | | of age during the
current taxable year shall be eligible to |
8 | | apply for the homestead exemption
during that taxable year. |
9 | | Application shall be made during the application
period in |
10 | | effect for the county of his or her residence.
|
11 | | The assessor Chief County Assessment Officer may determine |
12 | | the eligibility of a life
care facility that qualifies as a |
13 | | cooperative to receive the benefits
provided by this Section by |
14 | | use of an affidavit, application, visual
inspection, |
15 | | questionnaire, or other reasonable method in order to insure |
16 | | that
the tax savings resulting from the exemption are credited |
17 | | by the management
firm to the apportioned tax liability of each |
18 | | qualifying resident. The assessor Chief
County Assessment |
19 | | Officer may request reasonable proof that the management firm
|
20 | | has so credited that exemption.
|
21 | | Except as provided in this Section, all information |
22 | | received by the assessor chief
county assessment officer or the |
23 | | Department from applications filed under this
Section, or from |
24 | | any investigation conducted under the provisions of this
|
25 | | Section, shall be confidential, except for official purposes or
|
26 | | pursuant to official procedures for collection of any State or |
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1 | | local tax or
enforcement of any civil or criminal penalty or |
2 | | sanction imposed by this Act or
by any statute or ordinance |
3 | | imposing a State or local tax. Any person who
divulges any such |
4 | | information in any manner, except in accordance with a proper
|
5 | | judicial order, is guilty of a Class A misdemeanor.
|
6 | | Nothing contained in this Section shall prevent the |
7 | | Director or assessor chief county
assessment officer from |
8 | | publishing or making available reasonable statistics
|
9 | | concerning the operation of the exemption contained in this |
10 | | Section in which
the contents of claims are grouped into |
11 | | aggregates in such a way that
information contained in any |
12 | | individual claim shall not be disclosed.
|
13 | | (d) Each assessor Chief County Assessment Officer shall |
14 | | annually publish a notice
of availability of the exemption |
15 | | provided under this Section. The notice
shall be published at |
16 | | least 60 days but no more than 75 days prior to the date
on |
17 | | which the application must be submitted to the assessor Chief |
18 | | County Assessment
Officer of the county in which the property |
19 | | is located. The notice shall
appear in a newspaper of general |
20 | | circulation in the county.
|
21 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
22 | | no reimbursement by the State is required for the |
23 | | implementation of any mandate created by this Section.
|
24 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; |
25 | | 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. |
26 | | 7-28-16 .) |
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1 | | (35 ILCS 200/15-173) |
2 | | Sec. 15-173. Natural Disaster Homestead Exemption. |
3 | | (a) This Section may be cited as the Natural Disaster |
4 | | Homestead Exemption. |
5 | | (b) As used in this Section: |
6 | | "Base amount" means the base year equalized assessed value |
7 | | of the residence. |
8 | | "Base year" means the taxable year prior to the taxable |
9 | | year in which the natural disaster occurred. |
10 | | "Chief county assessment officer" means the County |
11 | | Assessor or Supervisor of
Assessments of the county in which |
12 | | the property is located. |
13 | | "Equalized assessed value" means the assessed value as |
14 | | equalized by the
Illinois Department of Revenue. |
15 | | "Homestead property" has the meaning ascribed to that term |
16 | | in Section 15-175 of this Code. |
17 | | "Natural disaster" means an occurrence of widespread or |
18 | | severe damage or loss of property
resulting from any |
19 | | catastrophic cause including but not limited to fire, flood, |
20 | | earthquake, wind, storm, or extended period of severe inclement |
21 | | weather. In the case of a residential
structure affected by |
22 | | flooding, the structure shall not be eligible for this
|
23 | | homestead improvement exemption unless it is located within a |
24 | | local
jurisdiction which is participating in the National Flood |
25 | | Insurance Program. A proclamation of disaster by the President |
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1 | | of the United States or Governor of the State of Illinois is |
2 | | not a prerequisite to the classification of an occurrence as a |
3 | | natural disaster under this Section. |
4 | | (c) A
homestead exemption shall be granted by the assessor |
5 | | chief county assessment officer for homestead properties |
6 | | containing a residential structure that has been
rebuilt |
7 | | following a natural disaster occurring in taxable year 2012 or |
8 | | any taxable year thereafter. The amount of the exemption is the |
9 | | equalized assessed value of the residence in the first taxable |
10 | | year for which the taxpayer applies for an exemption under this |
11 | | Section minus the base amount. To be eligible for an exemption
|
12 | | under this Section: (i) the residential structure must
be |
13 | | rebuilt within 2 years after the date of the natural disaster; |
14 | | and (ii) the square footage of the rebuilt residential |
15 | | structure may not be more than 110% of the square footage of |
16 | | the original residential structure as it existed immediately |
17 | | prior to the natural disaster. The taxpayer's initial |
18 | | application for an exemption under this Section must be made no |
19 | | later than the first taxable year after the residential |
20 | | structure is rebuilt. The exemption shall continue at the same |
21 | | annual amount until the taxable year in which the property is |
22 | | sold or transferred. |
23 | | (d) To receive the exemption, the taxpayer shall submit an |
24 | | application to the assessor chief county assessment officer of |
25 | | the county in which the property is located by July 1 of each |
26 | | taxable year. A county may, by resolution, establish a date for |
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1 | | submission of applications that is different than July 1. The |
2 | | assessor chief county assessment officer may require |
3 | | additional
documentation to be provided by the applicant. The |
4 | | applications shall be clearly marked as applications for the |
5 | | Natural Disaster Homestead Exemption. |
6 | | (e) Property is not eligible for an exemption under this |
7 | | Section and Section 15-180 for the same natural disaster or |
8 | | catastrophic event. The property may, however, remain eligible |
9 | | for an additional exemption under Section 15-180 for any |
10 | | separate event occurring after the property qualified for an |
11 | | exemption under this Section. |
12 | | (f) The exemption under this Section carries over to the |
13 | | benefit of the surviving spouse as long as the spouse holds the |
14 | | legal or beneficial title to the homestead and permanently |
15 | | resides thereon. |
16 | | (g) Notwithstanding Sections 6 and 8 of the State Mandates |
17 | | Act, no reimbursement by the State is required for the |
18 | | implementation of any mandate created by this Section.
|
19 | | (Source: P.A. 97-716, eff. 6-29-12.)
|
20 | | (35 ILCS 200/15-175)
|
21 | | Sec. 15-175. General homestead exemption. |
22 | | (a) Except as provided in Sections 15-176 and 15-177, |
23 | | homestead
property is
entitled to an annual homestead exemption |
24 | | limited, except as described here
with relation to |
25 | | cooperatives, to a reduction in the equalized assessed value
of |
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1 | | homestead property equal to the increase in equalized assessed |
2 | | value for the
current assessment year above the equalized |
3 | | assessed value of the property for
1977, up to the maximum |
4 | | reduction set forth below. If however, the 1977
equalized |
5 | | assessed value upon which taxes were paid is subsequently |
6 | | determined
by local assessing officials, the Property Tax |
7 | | Appeal Board, or a court to have
been excessive, the equalized |
8 | | assessed value which should have been placed on
the property |
9 | | for 1977 shall be used to determine the amount of the |
10 | | exemption.
|
11 | | (b) Except as provided in Section 15-176, the maximum |
12 | | reduction before taxable year 2004 shall be
$4,500 in counties |
13 | | with 3,000,000 or more
inhabitants
and $3,500 in all other |
14 | | counties . Except as provided in Sections 15-176 and 15-177, for |
15 | | taxable years 2004 through 2007, the maximum reduction shall be |
16 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, |
17 | | and, for taxable years 2009 through 2011, the maximum reduction |
18 | | is $6,000 in all counties . For taxable years 2012 and |
19 | | thereafter, the maximum reduction is $7,000 in counties with |
20 | | 3,000,000 or more
inhabitants
and $6,000 in all other counties . |
21 | | If a county has elected to subject itself to the provisions of |
22 | | Section 15-176 as provided in subsection (k) of that Section, |
23 | | then, for the first taxable year only after the provisions of |
24 | | Section 15-176 no longer apply, for owners who, for the taxable |
25 | | year, have not been granted a senior citizens assessment freeze |
26 | | homestead exemption under Section 15-172 or a long-time |
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1 | | occupant homestead exemption under Section 15-177, there shall |
2 | | be an additional exemption of $5,000 for owners with a |
3 | | household income of $30,000 or less.
|
4 | | (c) (Blank). In counties with fewer than 3,000,000 |
5 | | inhabitants, if, based on the most
recent assessment, the |
6 | | equalized assessed value of
the homestead property for the |
7 | | current assessment year is greater than the
equalized assessed |
8 | | value of the property for 1977, the owner of the property
shall |
9 | | automatically receive the exemption granted under this Section |
10 | | in an
amount equal to the increase over the 1977 assessment up |
11 | | to the maximum
reduction set forth in this Section.
|
12 | | (d) If in any assessment year beginning with the 2000 |
13 | | assessment year,
homestead property has a pro-rata valuation |
14 | | under
Section 9-180 resulting in an increase in the assessed |
15 | | valuation, a reduction
in equalized assessed valuation equal to |
16 | | the increase in equalized assessed
value of the property for |
17 | | the year of the pro-rata valuation above the
equalized assessed |
18 | | value of the property for 1977 shall be applied to the
property |
19 | | on a proportionate basis for the period the property qualified |
20 | | as
homestead property during the assessment year. The maximum |
21 | | proportionate
homestead exemption shall not exceed the maximum |
22 | | homestead exemption allowed in
the county under this Section |
23 | | divided by 365 and multiplied by the number of
days the |
24 | | property qualified as homestead property.
|
25 | | (d-1) In counties with 3,000,000 or more inhabitants, where |
26 | | the chief county assessment officer provides a notice of |
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1 | | discovery, if a property is not
occupied by its owner as a |
2 | | principal residence as of January 1 of the current tax year, |
3 | | then the property owner shall notify the chief county |
4 | | assessment officer of that fact on a form prescribed by the |
5 | | chief county assessment officer. That notice must be received |
6 | | by the chief county assessment officer on or before March 1 of |
7 | | the collection year. If mailed, the form shall be sent by |
8 | | certified mail, return receipt requested. If the form is |
9 | | provided in person, the chief county assessment officer shall |
10 | | provide a date stamped copy of the notice. Failure to provide |
11 | | timely notice pursuant to this subsection (d-1) shall result in |
12 | | the exemption being treated as an erroneous exemption. Upon |
13 | | timely receipt of the notice for the current tax year, no |
14 | | exemption shall be applied to the property for the current tax |
15 | | year. If the exemption is not removed upon timely receipt of |
16 | | the notice by the chief assessment officer, then the error is |
17 | | considered granted as a result of a clerical error or omission |
18 | | on the part of the chief county assessment officer as described |
19 | | in subsection (h) of Section 9-275, and the property owner |
20 | | shall not be liable for the payment of interest and penalties |
21 | | due to the erroneous exemption for the current tax year for |
22 | | which the notice was filed after the date that notice was |
23 | | timely received pursuant to this subsection. Notice provided |
24 | | under this subsection shall not constitute a defense or amnesty |
25 | | for prior year erroneous exemptions. |
26 | | For the purposes of this subsection (d-1): |
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1 | | "Collection year" means the year in which the first and |
2 | | second installment of the current tax year is billed. |
3 | | "Current tax year" means the year prior to the collection |
4 | | year. |
5 | | (e) The assessor chief county assessment officer may, when |
6 | | considering whether to grant a leasehold exemption under this |
7 | | Section, require the following conditions to be met: |
8 | | (1) that a notarized application for the exemption, |
9 | | signed by both the owner and the lessee of the property, |
10 | | must be submitted each year during the application period |
11 | | in effect for the county in which the property is located; |
12 | | (2) that a copy of the lease must be filed with the |
13 | | assessor chief county assessment officer by the owner of |
14 | | the property at the time the notarized application is |
15 | | submitted; |
16 | | (3) that the lease must expressly state that the lessee |
17 | | is liable for the payment of property taxes; and |
18 | | (4) that the lease must include the following language |
19 | | in substantially the following form: |
20 | | "Lessee shall be liable for the payment of real |
21 | | estate taxes with respect to the residence in |
22 | | accordance with the terms and conditions of Section |
23 | | 15-175 of the Property Tax Code (35 ILCS 200/15-175). |
24 | | The permanent real estate index number for the premises |
25 | | is (insert number), and, according to the most recent |
26 | | property tax bill, the current amount of real estate |
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1 | | taxes associated with the premises is (insert amount) |
2 | | per year. The parties agree that the monthly rent set |
3 | | forth above shall be increased or decreased pro rata |
4 | | (effective January 1 of each calendar year) to reflect |
5 | | any increase or decrease in real estate taxes. Lessee |
6 | | shall be deemed to be satisfying Lessee's liability for |
7 | | the above mentioned real estate taxes with the monthly |
8 | | rent payments as set forth above (or increased or |
9 | | decreased as set forth herein).". |
10 | | In addition, if there is a change in lessee, or if the |
11 | | lessee vacates the property, then the assessor chief county |
12 | | assessment officer may require the owner of the property to |
13 | | notify the assessor chief county assessment officer of that |
14 | | change. |
15 | | This subsection (e) does not apply to leasehold interests |
16 | | in property owned by a municipality. |
17 | | (f) "Homestead property" under this Section includes |
18 | | residential property that is
occupied by its owner or owners as |
19 | | his or their principal dwelling place, or
that is a leasehold |
20 | | interest on which a single family residence is situated,
which |
21 | | is occupied as a residence by a person who has an ownership |
22 | | interest
therein, legal or equitable or as a lessee, and on |
23 | | which the person is
liable for the payment of property taxes. |
24 | | For land improved with
an apartment building owned and operated |
25 | | as a cooperative or a building which
is a life care facility as |
26 | | defined in Section 15-170 and considered to
be a cooperative |
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1 | | under Section 15-170, the maximum reduction from the equalized
|
2 | | assessed value shall be limited to the increase in the value |
3 | | above the
equalized assessed value of the property for 1977, up |
4 | | to
the maximum reduction set forth above, multiplied by the |
5 | | number of apartments
or units occupied by a person or persons |
6 | | who is liable, by contract with the
owner or owners of record, |
7 | | for paying property taxes on the property and is an
owner of |
8 | | record of a legal or equitable interest in the cooperative
|
9 | | apartment building, other than a leasehold interest. For |
10 | | purposes of this
Section, the term "life care facility" has the |
11 | | meaning stated in Section
15-170.
|
12 | | "Household", as used in this Section,
means the owner, the |
13 | | spouse of the owner, and all persons using
the
residence of the |
14 | | owner as their principal place of residence.
|
15 | | "Household income", as used in this Section,
means the |
16 | | combined income of the members of a household
for the calendar |
17 | | year preceding the taxable year.
|
18 | | "Income", as used in this Section,
has the same meaning as |
19 | | provided in Section 3.07 of the Senior
Citizens
and Persons |
20 | | with Disabilities Property Tax Relief Act,
except that
"income" |
21 | | does not include veteran's benefits.
|
22 | | (g) In a cooperative where a homestead exemption has been |
23 | | granted, the
cooperative association or its management firm |
24 | | shall credit the savings
resulting from that exemption only to |
25 | | the apportioned tax liability of the
owner who qualified for |
26 | | the exemption. Any person who willfully refuses to so
credit |
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1 | | the savings shall be guilty of a Class B misdemeanor.
|
2 | | (h) Where married persons maintain and reside in separate |
3 | | residences qualifying
as homestead property, each residence |
4 | | shall receive 50% of the total reduction
in equalized assessed |
5 | | valuation provided by this Section.
|
6 | | (i) The In all counties, the assessor
or chief county |
7 | | assessment officer may determine the
eligibility of |
8 | | residential property to receive the homestead exemption and the |
9 | | amount of the exemption by
application, visual inspection, |
10 | | questionnaire or other reasonable methods. The
determination |
11 | | shall be made in accordance with guidelines established by the
|
12 | | Department, provided that the taxpayer applying for an |
13 | | additional general exemption under this Section shall submit to |
14 | | the assessor chief county assessment officer an application |
15 | | with an affidavit of the applicant's total household income, |
16 | | age, marital status (and, if married, the name and address of |
17 | | the applicant's spouse, if known), and principal dwelling place |
18 | | of members of the household on January 1 of the taxable year. |
19 | | The Department shall issue guidelines establishing a method for |
20 | | verifying the accuracy of the affidavits filed by applicants |
21 | | under this paragraph. The applications shall be clearly marked |
22 | | as applications for the Additional General Homestead |
23 | | Exemption.
|
24 | | (i-5) This subsection (i-5) applies to counties with |
25 | | 3,000,000 or more inhabitants. In the event of a sale of
|
26 | | homestead property, the homestead exemption shall remain in |
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1 | | effect for the remainder of the assessment year of the sale. |
2 | | Upon receipt of a transfer declaration transmitted by the |
3 | | recorder pursuant to Section 31-30 of the Real Estate Transfer |
4 | | Tax Law for property receiving an exemption under this Section, |
5 | | the assessor shall mail a notice and forms to the new owner of |
6 | | the property providing information pertaining to the rules and |
7 | | applicable filing periods for applying or reapplying for |
8 | | homestead exemptions under this Code for which the property may |
9 | | be eligible. If the new owner fails to apply or reapply for a |
10 | | homestead exemption during the applicable filing period or the |
11 | | property no longer qualifies for an existing homestead |
12 | | exemption, the assessor shall cancel such exemption for any |
13 | | ensuing assessment year. |
14 | | (j) (Blank). In counties with fewer than 3,000,000 |
15 | | inhabitants, in the event of a sale
of
homestead property the |
16 | | homestead exemption shall remain in effect for the
remainder of |
17 | | the assessment year of the sale. The assessor or chief county
|
18 | | assessment officer may require the new
owner of the property to |
19 | | apply for the homestead exemption for the following
assessment |
20 | | year.
|
21 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates |
22 | | Act, no reimbursement by the State is required for the |
23 | | implementation of any mandate created by this Section.
|
24 | | (Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143, |
25 | | eff. 7-27-15; 99-164, eff. 7-28-15; 99-642, eff. 7-28-16; |
26 | | 99-851, eff. 8-19-16.)
|
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1 | | (35 ILCS 200/15-176) |
2 | | Sec. 15-176. Alternative general homestead exemption. |
3 | | (a) For the assessment years as determined under subsection |
4 | | (j), in any county that has elected, by an ordinance in |
5 | | accordance with subsection (k), to be subject to the provisions |
6 | | of this Section in lieu of the provisions of Section 15-175, |
7 | | homestead property is
entitled to
an annual homestead exemption |
8 | | equal to a reduction in the property's equalized
assessed
value |
9 | | calculated as provided in this Section. |
10 | | (b) As used in this Section: |
11 | | (1) "Assessor" means the supervisor of assessments or |
12 | | the chief county assessment officer of each county. |
13 | | (2) "Adjusted homestead value" means the lesser of the |
14 | | following values: |
15 | | (A) The property's base homestead value increased |
16 | | by 7% for each
tax year after the base year through and |
17 | | including the current tax year, or, if the property is |
18 | | sold or ownership is otherwise transferred, the |
19 | | property's base homestead value increased by 7% for |
20 | | each tax year after the year of the sale or transfer |
21 | | through and including the current tax year. The |
22 | | increase by 7% each year is an increase by 7% over the |
23 | | prior year. |
24 | | (B) The property's equalized assessed value for |
25 | | the current tax
year minus: (i) $4,500 in Cook County |
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1 | | or $3,500 in all other counties in tax year 2003;
(ii) |
2 | | $5,000 in all counties in tax years 2004 and 2005; and |
3 | | (iii) the lesser of the amount of the general homestead |
4 | | exemption under Section 15-175 or an amount equal to |
5 | | the increase in the equalized assessed value for the |
6 | | current tax year above the equalized assessed value for |
7 | | 1977 in tax year 2006 and thereafter. |
8 | | (3) "Base homestead value". |
9 | | (A) Except as provided in subdivision (b)(3)(A-5) |
10 | | or (b)(3)(B), "base homestead value" means the |
11 | | equalized assessed value of the property for the base |
12 | | year
prior to exemptions, minus (i) $4,500 in Cook |
13 | | County or $3,500 in all other counties in tax year |
14 | | 2003, (ii) $5,000 in all counties in tax years
2004 and |
15 | | 2005, or (iii) the lesser of the amount of the general |
16 | | homestead exemption under Section 15-175 or an amount |
17 | | equal to the increase in the equalized assessed value |
18 | | for the current tax year above the equalized assessed |
19 | | value for 1977 in tax year 2006 and
thereafter, |
20 | | provided that it was assessed for that
year as |
21 | | residential property qualified for any of the |
22 | | homestead exemptions
under Sections 15-170 through |
23 | | 15-175 of this Code, then in force, and
further |
24 | | provided that the property's assessment was not based |
25 | | on a reduced
assessed value resulting from a temporary |
26 | | irregularity in the property for
that year. Except as |
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1 | | provided in subdivision (b)(3)(B), if the property did |
2 | | not have a
residential
equalized assessed value for the |
3 | | base year, then "base homestead value" means the base
|
4 | | homestead value established by the assessor under |
5 | | subsection (c). |
6 | | (A-5) On or before September 1, 2007, in Cook |
7 | | County, the base homestead value, as set forth under |
8 | | subdivision (b)(3)(A) and except as provided under |
9 | | subdivision (b) (3) (B), must be recalculated as the |
10 | | equalized assessed value of the property for the base |
11 | | year, prior to exemptions, minus: |
12 | | (1) if the general assessment year for the |
13 | | property was 2003, the lesser of (i) $4,500 or (ii) |
14 | | the amount equal to the increase in equalized |
15 | | assessed value for the 2002 tax year above the |
16 | | equalized assessed value for 1977; |
17 | | (2) if the general assessment year for the |
18 | | property was 2004, the lesser of (i) $4,500 or (ii) |
19 | | the amount equal to the increase in equalized |
20 | | assessed value for the 2003 tax year above the |
21 | | equalized assessed value for 1977; |
22 | | (3) if the general assessment year for the |
23 | | property was 2005, the lesser of (i) $5,000 or (ii) |
24 | | the amount equal to the increase in equalized |
25 | | assessed value for the 2004 tax year above the |
26 | | equalized assessed value for 1977.
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1 | | (B) If the property is sold or ownership is |
2 | | otherwise transferred, other than sales or transfers |
3 | | between spouses or between a parent and a child, "base |
4 | | homestead value" means the equalized assessed value of |
5 | | the property at the time of the sale or transfer prior |
6 | | to exemptions, minus: (i) $4,500 in Cook County or |
7 | | $3,500 in all other counties in tax year 2003; (ii) |
8 | | $5,000 in all counties in tax years 2004 and 2005; and |
9 | | (iii) the lesser of the amount of the general homestead |
10 | | exemption under Section 15-175 or an amount equal to |
11 | | the increase in the equalized assessed value for the |
12 | | current tax year above the equalized assessed value for |
13 | | 1977 in tax year 2006 and thereafter, provided that it |
14 | | was assessed as residential property qualified for any |
15 | | of the homestead exemptions
under Sections 15-170 |
16 | | through 15-175 of this Code, then in force, and
further |
17 | | provided that the property's assessment was not based |
18 | | on a reduced
assessed value resulting from a temporary |
19 | | irregularity in the property. |
20 | | (3.5) "Base year" means (i) tax year 2002 in Cook |
21 | | County or (ii) tax year 2008 or 2009 in all other counties |
22 | | in accordance with the designation made by the county as |
23 | | provided in subsection (k) .
|
24 | | (4) "Current tax year" means the tax year for which the |
25 | | exemption under
this Section is being applied. |
26 | | (5) "Equalized assessed value" means the property's |
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1 | | assessed value as
equalized by the Department. |
2 | | (6) "Homestead" or "homestead property" means: |
3 | | (A) Residential property that as of January 1 of |
4 | | the tax year is
occupied by its owner or owners as his, |
5 | | her, or their principal dwelling
place, or that is a |
6 | | leasehold interest on which a single family residence |
7 | | is
situated, that is occupied as a residence by a |
8 | | person who has a legal or
equitable interest therein |
9 | | evidenced by a written instrument, as an owner
or as a |
10 | | lessee, and on which the person is liable for the |
11 | | payment of
property taxes. Residential units in an |
12 | | apartment building owned and
operated as a |
13 | | cooperative, or as a life care facility, which are |
14 | | occupied by
persons who hold a legal or equitable |
15 | | interest in the cooperative apartment
building or life |
16 | | care facility as owners or lessees, and who are liable |
17 | | by
contract for the payment of property taxes, shall be |
18 | | included within this
definition of homestead property. |
19 | | (B) A homestead includes the dwelling place, |
20 | | appurtenant
structures, and so much of the surrounding |
21 | | land constituting the parcel on
which the dwelling |
22 | | place is situated as is used for residential purposes. |
23 | | If
the assessor has established a specific legal |
24 | | description for a portion of
property constituting the |
25 | | homestead, then the homestead shall be limited to
the |
26 | | property within that description. |
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1 | | (7) "Life care facility" means a facility as defined in |
2 | | Section 2 of the
Life
Care Facilities Act. |
3 | | (c) If the property did not have a residential equalized |
4 | | assessed value for
the base year as provided in subdivision |
5 | | (b)(3)(A) of this Section, then the assessor
shall first |
6 | | determine an initial value for the property by comparison with
|
7 | | assessed values for the base year of other properties having |
8 | | physical and
economic characteristics similar to those of the |
9 | | subject property, so that the
initial value is uniform in |
10 | | relation to assessed values of those other
properties for the |
11 | | base year. The product of the initial value multiplied by
the |
12 | | equalized factor for the base year for homestead properties in |
13 | | that county, less: (i) $4,500 in Cook County or $3,500 in all |
14 | | other counties in tax year years 2003; (ii) $5,000 in all |
15 | | counties in tax years year 2004 and 2005; and (iii) the lesser |
16 | | of the amount of the general homestead exemption under Section |
17 | | 15-175 or an amount equal to the increase in the equalized |
18 | | assessed value for the current tax year above the equalized |
19 | | assessed value for 1977 in tax year 2006 and thereafter, is the |
20 | | base homestead value. |
21 | | For any tax year for which the assessor determines or |
22 | | adjusts an initial
value and
hence a base homestead value under |
23 | | this subsection (c), the initial value shall
be subject
to |
24 | | review by the same procedures applicable to assessed values |
25 | | established
under this
Code for that tax year. |
26 | | (d) The base homestead value shall remain constant, except |
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1 | | that the assessor
may
revise it under the following |
2 | | circumstances: |
3 | | (1) If the equalized assessed value of a homestead |
4 | | property for the current
tax year is less than the previous |
5 | | base homestead value for that property, then the
current |
6 | | equalized assessed value (provided it is not based on a |
7 | | reduced assessed
value resulting from a temporary |
8 | | irregularity in the property) shall become the
base |
9 | | homestead value in subsequent tax years. |
10 | | (2) For any year in which new buildings, structures, or |
11 | | other
improvements are constructed on the homestead |
12 | | property that would increase its
assessed value, the |
13 | | assessor shall adjust the base homestead value as provided |
14 | | in
subsection (c) of this Section with due regard to the |
15 | | value added by the new
improvements. |
16 | | (3) If the property is sold or ownership is otherwise |
17 | | transferred, the base homestead value of the property shall |
18 | | be adjusted as provided in subdivision (b)(3)(B). This item |
19 | | (3) does not apply to sales or transfers between spouses or |
20 | | between a parent and a child. |
21 | | (4) the recalculation required in Cook County under |
22 | | subdivision (b)(3)(A-5).
|
23 | | (e) The amount of the exemption under this Section is the |
24 | | equalized assessed
value of the homestead property for the |
25 | | current tax year, minus the adjusted homestead
value, with the |
26 | | following exceptions: |
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1 | | (1) The In Cook County, the exemption under this |
2 | | Section shall not exceed $20,000 for any taxable year |
3 | | through tax year: |
4 | | (i) 2005, if the general assessment year for the
|
5 | | property is 2003; |
6 | | (ii) 2006, if the general assessment year for the
|
7 | | property is 2004; or |
8 | | (iii) 2007, if the general assessment year for the
|
9 | | property is 2005. |
10 | | (1.1) Thereafter, in Cook County, and in all other |
11 | | counties, the exemption is as follows: |
12 | | (i) if the general assessment year for the property |
13 | | is 2006, then the exemption may not exceed: $33,000 for |
14 | | taxable year 2006; $26,000 for taxable year 2007; |
15 | | $20,000 for taxable years 2008 and 2009; $16,000 for |
16 | | taxable year 2010; and $12,000 for taxable year 2011; |
17 | | (ii) if the general assessment year for the |
18 | | property is 2007, then the exemption may not exceed: |
19 | | $33,000 for taxable year 2007; $26,000 for taxable year |
20 | | 2008; $20,000 for taxable years 2009 and 2010; $16,000 |
21 | | for taxable year 2011; and $12,000 for taxable year |
22 | | 2012; and |
23 | | (iii) if the general assessment year for the |
24 | | property is 2008, then the exemption may not exceed: |
25 | | $33,000 for taxable year 2008; $26,000 for taxable year |
26 | | 2009; $20,000 for taxable years 2010 and 2011; $16,000 |
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1 | | for taxable year 2012; and $12,000 for taxable year |
2 | | 2013. |
3 | | (1.5) For In Cook County, for the 2006 taxable year only, |
4 | | the maximum amount of the exemption set forth under subsection |
5 | | (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if |
6 | | the equalized assessed value of the property in that taxable |
7 | | year exceeds the equalized assessed value of that property in |
8 | | 2002 by 100% or more; or (ii) by $2,000 if the equalized |
9 | | assessed value of the property in that taxable year exceeds the |
10 | | equalized assessed value of that property in 2002 by more than |
11 | | 80% but less than 100%.
|
12 | | (2) In the case of homestead property that also |
13 | | qualifies for
the exemption under Section 15-172, the |
14 | | property is entitled to the exemption under
this Section, |
15 | | limited to the amount of (i) $4,500 in Cook County or |
16 | | $3,500 in all other counties in tax year 2003, (ii) $5,000 |
17 | | in all counties in tax years 2004 and 2005, or (iii) the |
18 | | lesser of the amount of the general homestead exemption |
19 | | under Section 15-175 or an amount equal to the increase in |
20 | | the equalized assessed value for the current tax year above |
21 | | the equalized assessed value for 1977 in tax year 2006 and |
22 | | thereafter. |
23 | | (f) In the case of an apartment building owned and operated |
24 | | as a cooperative, or
as a life care facility, that contains |
25 | | residential units that qualify as homestead property
under this |
26 | | Section, the maximum cumulative exemption amount attributed to |
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1 | | the entire
building or facility shall not exceed the sum of the |
2 | | exemptions calculated for each
qualified residential unit. The |
3 | | cooperative association, management firm, or other person
or |
4 | | entity that manages or controls the cooperative apartment |
5 | | building or life care facility
shall credit the exemption |
6 | | attributable to each residential unit only to the apportioned |
7 | | tax
liability of the owner or other person responsible for |
8 | | payment of taxes as to that unit.
Any person who willfully |
9 | | refuses to so credit the exemption is guilty of a Class B
|
10 | | misdemeanor. |
11 | | (g) When married persons maintain separate residences, the |
12 | | exemption provided
under this Section shall be claimed by only |
13 | | one such person and for only one residence. |
14 | | (h) In the event of a sale or other transfer in ownership |
15 | | of the homestead property, the exemption under this
Section |
16 | | shall remain in effect for the remainder of the tax year and be |
17 | | calculated using the same base homestead value in which the |
18 | | sale or transfer occurs, but (other than for sales or transfers |
19 | | between spouses or between a parent and a child) shall be |
20 | | calculated for any subsequent tax year using the new base |
21 | | homestead value as provided in subdivision (b)(3)(B).
The |
22 | | assessor may require the new owner of the property to apply for |
23 | | the exemption in the
following year. |
24 | | (i) The assessor may determine whether property qualifies |
25 | | as a homestead under
this Section by application, visual |
26 | | inspection, questionnaire, or other
reasonable methods.
Each |
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1 | | year, at the time the assessment books are certified to the |
2 | | county clerk
by the board
of review, the assessor shall furnish |
3 | | to the county clerk a list of the
properties qualified
for the |
4 | | homestead exemption under this Section. The list shall note the |
5 | | base
homestead
value of each property to be used in the |
6 | | calculation of the exemption for the
current tax
year. |
7 | | (j) In counties with 3,000,000 or more inhabitants, the |
8 | | provisions of this Section apply as follows: |
9 | | (1) If the general assessment year for the property is |
10 | | 2003, this Section
applies for assessment years 2003 |
11 | | through 2011.
Thereafter, the provisions of Section 15-175 |
12 | | apply. |
13 | | (2) If the general assessment year for the property is |
14 | | 2004, this Section
applies for assessment years 2004 |
15 | | through 2012.
Thereafter, the provisions of Section 15-175 |
16 | | apply. |
17 | | (3) If the general assessment year for the property is |
18 | | 2005, this Section
applies for assessment years 2005 |
19 | | through 2013.
Thereafter, the provisions of Section 15-175 |
20 | | apply. |
21 | | In counties with less than 3,000,000 inhabitants, this |
22 | | Section applies for assessment years (i) 2009, 2010, 2011, and |
23 | | 2012 if tax year 2008 is the designated base year or (ii) 2010, |
24 | | 2011, 2012, and 2013 if tax year 2009 is the designated base |
25 | | year. Thereafter, the provisions of Section 15-175 apply. |
26 | | (k) To be subject to the provisions of this Section in lieu |
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1 | | of Section 15-175, a county must adopt an ordinance to subject |
2 | | itself to the provisions of this Section within 6 months after |
3 | | August 2, 2010 ( the effective date of Public Act 96-1418) this |
4 | | amendatory Act of the 96th General Assembly . In a county other |
5 | | than Cook County, the ordinance must designate either tax year |
6 | | 2008
or tax year 2009
as the base year.
|
7 | | (l) Notwithstanding Sections 6 and 8 of the State Mandates |
8 | | Act, no
reimbursement
by the State is required for the |
9 | | implementation of any mandate created by this
Section. |
10 | | (Source: P.A. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10; |
11 | | revised 9-13-16.) |
12 | | (35 ILCS 200/15-177) |
13 | | Sec. 15-177. The long-time occupant homestead exemption. |
14 | | (a) If the county has elected, under Section 15-176, to be |
15 | | subject to the provisions of the alternative general homestead |
16 | | exemption, then, for taxable years 2007 and thereafter, |
17 | | regardless of whether the exemption under Section 15-176 |
18 | | applies, qualified homestead property is
entitled to
an annual |
19 | | homestead exemption equal to a reduction in the property's |
20 | | equalized
assessed
value calculated as provided in this |
21 | | Section. |
22 | | (b) As used in this Section: |
23 | | "Adjusted homestead value" means the lesser of
the |
24 | | following values: |
25 | | (1) The property's base homestead value increased
by: |
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1 | | (i) 10% for each taxable year after the base year through |
2 | | and including the current tax year for qualified taxpayers |
3 | | with a household income of more than $75,000 but not |
4 | | exceeding $100,000; or (ii) 7% for each taxable year after |
5 | | the base year through and including the current tax year |
6 | | for qualified taxpayers with a household income of $75,000 |
7 | | or less. The increase each year is an increase over the |
8 | | prior year; or |
9 | | (2) The property's equalized assessed value for
the |
10 | | current tax year minus the general homestead deduction. |
11 | | "Base homestead value" means: |
12 | | (1) if the property did not have an adjusted homestead |
13 | | value under Section 15-176 for the base year, then an |
14 | | amount equal to the equalized assessed value of the |
15 | | property for the base year prior to exemptions, minus the |
16 | | general homestead deduction, provided that the property's |
17 | | assessment was not based on a reduced assessed value |
18 | | resulting from a temporary irregularity in the property for |
19 | | that year; or |
20 | | (2) if the property had an adjusted homestead value |
21 | | under Section 15-176 for the base year, then an amount |
22 | | equal to the adjusted homestead value of the property under |
23 | | Section 15-176 for the base year. |
24 | | "Base year" means the taxable year prior to the taxable |
25 | | year in which the taxpayer first qualifies for the exemption |
26 | | under this Section. |
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1 | | "Current taxable year" means the taxable year for which
the |
2 | | exemption under this Section is being applied. |
3 | | "Equalized assessed value" means the property's
assessed |
4 | | value as equalized by the Department. |
5 | | "Homestead" or "homestead property" means residential |
6 | | property that as of January 1 of
the tax year is occupied by a |
7 | | qualified taxpayer as his or her principal dwelling place, or |
8 | | that is a leasehold interest on which a single family residence |
9 | | is situated, that is occupied as a residence by a qualified |
10 | | taxpayer who has a legal or equitable interest therein |
11 | | evidenced by a written instrument, as an owner or as a lessee, |
12 | | and on which the person is liable for the payment of property |
13 | | taxes. Residential units in an apartment building owned and |
14 | | operated as a cooperative, or as a life care facility, which |
15 | | are occupied by persons who hold a legal or equitable interest |
16 | | in the cooperative apartment building or life care facility as |
17 | | owners or lessees, and who are liable by contract for the |
18 | | payment of property taxes, are included within this definition |
19 | | of homestead property. A homestead includes the dwelling place,
|
20 | | appurtenant structures, and so much of the surrounding land |
21 | | constituting the parcel on which the dwelling place is situated |
22 | | as is used for residential purposes. If the assessor has |
23 | | established a specific legal description for a portion of |
24 | | property constituting the homestead, then the homestead is |
25 | | limited to the property within that description. |
26 | | "Household income" has the meaning set forth under Section |
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1 | | 15-172 of this Code.
|
2 | | "General homestead deduction" means the amount of the |
3 | | general homestead exemption under Section 15-175.
|
4 | | "Life care facility" means a facility defined
in Section 2 |
5 | | of the Life Care Facilities Act. |
6 | | "Qualified homestead property" means homestead property |
7 | | owned by a qualified taxpayer.
|
8 | | "Qualified taxpayer" means any individual: |
9 | | (1) who, for at least 10 continuous years as of January |
10 | | 1 of the taxable year, has occupied the same homestead |
11 | | property as a principal residence and domicile or who, for |
12 | | at least 5 continuous years as of January 1 of the taxable |
13 | | year, has occupied the same homestead property as a |
14 | | principal residence and domicile if that person received |
15 | | assistance in the acquisition of the property as part of a |
16 | | government or nonprofit housing program; and |
17 | | (2) who has a household income of $100,000 or less.
|
18 | | (c) The base homestead value must remain constant, except |
19 | | that the assessor may revise it under any of the following |
20 | | circumstances: |
21 | | (1) If the equalized assessed value of a homestead
|
22 | | property for the current tax year is less than the previous |
23 | | base homestead value for that property, then the current |
24 | | equalized assessed value (provided it is not based on a |
25 | | reduced assessed value resulting from a temporary |
26 | | irregularity in the property) becomes the base homestead |
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1 | | value in subsequent tax years. |
2 | | (2) For any year in which new buildings, structures,
or |
3 | | other improvements are constructed on the homestead |
4 | | property that would increase its assessed value, the |
5 | | assessor shall adjust the base homestead value with due |
6 | | regard to the value added by the new improvements. |
7 | | (d) The amount of the exemption under this Section is the |
8 | | greater of: (i) the equalized assessed value of the homestead |
9 | | property for the current tax year minus the adjusted homestead |
10 | | value; or (ii) the general homestead deduction. |
11 | | (e) In the case of an apartment building owned and operated |
12 | | as a cooperative, or as a life care facility, that contains |
13 | | residential units that qualify as homestead property of a |
14 | | qualified taxpayer under this Section, the maximum cumulative |
15 | | exemption amount attributed to the entire building or facility |
16 | | shall not exceed the sum of the exemptions calculated for each |
17 | | unit that is a qualified homestead property. The cooperative |
18 | | association, management firm, or other person or entity that |
19 | | manages or controls the cooperative apartment building or life |
20 | | care facility shall credit the exemption attributable to each |
21 | | residential unit only to the apportioned tax liability of the |
22 | | qualified taxpayer as to that unit. Any person who willfully |
23 | | refuses to so credit the exemption is guilty of a Class B |
24 | | misdemeanor. |
25 | | (f) When married persons maintain separate residences, the |
26 | | exemption provided under this Section may be claimed by only |
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1 | | one such person and for only one residence. No person who |
2 | | receives an exemption under Section 15-172 of this Code may |
3 | | receive an exemption under this Section. No person who receives |
4 | | an exemption under this Section may receive an exemption under |
5 | | Section 15-175 or 15-176 of this Code. |
6 | | (g) In the event of a sale or other transfer in ownership |
7 | | of the homestead property between spouses or between a parent |
8 | | and a child, the exemption under this Section remains in effect |
9 | | if the new owner has a household income of $100,000 or less. |
10 | | (h) In the event of a sale or other transfer in ownership |
11 | | of the homestead property other than subsection (g) of this |
12 | | Section, the exemption under this Section shall remain in |
13 | | effect for the remainder of the tax year and be calculated |
14 | | using the same base homestead value in which the sale or |
15 | | transfer occurs.
|
16 | | (i) To receive the exemption, a person must submit an |
17 | | application to the county assessor during the period specified |
18 | | by the county assessor. |
19 | | The county assessor shall annually give notice of the |
20 | | application period by mail or by publication. |
21 | | The taxpayer must submit, with the application, an |
22 | | affidavit of the taxpayer's total household income, marital |
23 | | status (and if married the name and address of the applicant's |
24 | | spouse, if known), and principal dwelling place of members of |
25 | | the household on January 1 of the taxable year. The Department |
26 | | shall establish, by rule, a method for verifying the accuracy |
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1 | | of affidavits filed by applicants under this Section, and the |
2 | | Chief County Assessment Officer may conduct audits of any |
3 | | taxpayer claiming an exemption under this Section to verify |
4 | | that the taxpayer is eligible to receive the exemption. Each |
5 | | application shall contain or be verified by a written |
6 | | declaration that it is made under the penalties of perjury. A |
7 | | taxpayer's signing a fraudulent application under this Act is |
8 | | perjury, as defined in Section 32-2 of the Criminal Code of |
9 | | 2012. The applications shall be clearly marked as applications |
10 | | for the Long-time Occupant Homestead Exemption and must contain |
11 | | a notice that any taxpayer who receives the exemption is |
12 | | subject to an audit by the assessor Chief County Assessment |
13 | | Officer . |
14 | | (j) Notwithstanding Sections 6 and 8 of the State Mandates |
15 | | Act, no reimbursement by the State is required for the |
16 | | implementation of any mandate created by this Section.
|
17 | | (Source: P.A. 97-1150, eff. 1-25-13.) |
18 | | (35 ILCS 200/15-180)
|
19 | | Sec. 15-180. Homestead improvements. Homestead properties |
20 | | that have been
improved and residential structures on homestead |
21 | | property that have been
rebuilt following a catastrophic event |
22 | | are entitled to a homestead improvement
exemption, limited to |
23 | | $30,000 per year through December 31, 1997,
$45,000 beginning |
24 | | January 1, 1998 and through December 31, 2003, and $75,000
per |
25 | | year for that homestead property beginning
January 1, 2004
and |
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1 | | thereafter, in fair cash value, when that
property
is owned and |
2 | | used exclusively for a residential purpose and upon |
3 | | demonstration
that a proposed increase in assessed value is |
4 | | attributable solely to a new
improvement of an existing |
5 | | structure or the rebuilding of a residential
structure |
6 | | following a catastrophic event. To be eligible for an exemption
|
7 | | under this Section after a catastrophic event, the residential |
8 | | structure must
be rebuilt within 2 years after the catastrophic |
9 | | event. The exemption for
rebuilt structures under this Section |
10 | | applies to the increase in value of the
rebuilt structure over |
11 | | the value of the structure before the catastrophic
event. The |
12 | | amount of the exemption shall be limited to the fair cash value
|
13 | | added by the new improvement or rebuilding and shall continue
|
14 | | for 4 years from
the date the improvement or rebuilding is |
15 | | completed and occupied, or until the
next following general |
16 | | assessment of that property, whichever is later.
|
17 | | A proclamation of disaster by the President of the United |
18 | | States or Governor
of the State of Illinois is not a |
19 | | prerequisite to the classification of an
occurrence as a |
20 | | catastrophic event under this Section. A "catastrophic event"
|
21 | | may include an occurrence of widespread or severe damage or |
22 | | loss of property
resulting from any catastrophic cause |
23 | | including but not limited to fire,
including arson (provided |
24 | | the fire was not caused by the willful action of an
owner or |
25 | | resident of the property), flood, earthquake, wind, storm, |
26 | | explosion,
or extended periods of severe inclement weather. In |
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1 | | the case of a residential
structure affected by flooding, the |
2 | | structure shall not be eligible for this
homestead improvement |
3 | | exemption unless it is located within a local
jurisdiction |
4 | | which is participating in the National Flood Insurance Program.
|
5 | | In counties of less than 3,000,000 inhabitants, in addition |
6 | | to the notice
requirement under Section 12-30, a supervisor of |
7 | | assessments, county assessor,
or township or multi-township |
8 | | assessor responsible for adding an assessable
improvement to a |
9 | | residential property's assessment shall either notify a
|
10 | | taxpayer whose assessment has been changed since the last |
11 | | preceding assessment
that he or she may be eligible for the |
12 | | exemption provided under this Section or
shall grant the |
13 | | exemption automatically.
|
14 | | Beginning January 1, 1999, in counties of 3,000,000 or more |
15 | | inhabitants,
an application for a
homestead
improvement |
16 | | exemption for a residential structure that has been rebuilt
|
17 | | following a catastrophic event must be submitted to the |
18 | | assessor Chief County Assessment
Officer with a valuation |
19 | | complaint and a copy of the building permit to rebuild
the |
20 | | structure. The assessor Chief County Assessment Officer may |
21 | | require additional
documentation which must be provided by the |
22 | | applicant.
|
23 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
24 | | no reimbursement by the State is required for the |
25 | | implementation of any mandate created by this Section.
|
26 | | (Source: P.A. 93-715, eff. 7-12-04.)
|
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1 | | (35 ILCS 200/Art. 15 Div. 3 heading new) |
2 | | Division 3. Homestead exemptions in counties with fewer than |
3 | | 3,000,000 inhabitants |
4 | | (35 ILCS 200/15-261 new) |
5 | | Sec. 15-261. Applicability. This Division 3 applies in |
6 | | counties with fewer than 3,000,000 inhabitants and encompasses |
7 | | this Section and Sections in Article 15 occurring after this |
8 | | Section. |
9 | | (35 ILCS 200/15-262 new) |
10 | | Sec. 15-262. Homestead Exemptions; Definitions. |
11 | | (a) "Homestead property" under this Section includes: |
12 | | (1) Property that is occupied as a principal dwelling |
13 | | place by its owner or owners who are liable for the payment |
14 | | of property taxes; or |
15 | | (2) A leasehold interest in property on which a |
16 | | detached single-family residence is situated, which is |
17 | | occupied as a principal dwelling place by a person or |
18 | | persons who has an ownership interest therein, legal or |
19 | | equitable or as a lessee, and on which the person or |
20 | | persons is liable for the payment of property taxes; or |
21 | | (3) A unit in an apartment building owned and operated |
22 | | as a cooperative, occupied as a principal dwelling place by |
23 | | a person or persons who is liable, by contract with the |
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1 | | owner or owners of record, for paying property taxes on the |
2 | | property and is an owner of record of a legal or equitable |
3 | | interest in the cooperative apartment building, other than |
4 | | a leasehold interest; or |
5 | | (4) A unit within a building which is a life care |
6 | | facility operated as a cooperative, occupied by a person or |
7 | | persons who is liable, by contract with the owner or owners |
8 | | of record, for paying property taxes on the property and is |
9 | | an owner of record of a legal or equitable interest in the |
10 | | cooperative apartment building, other than a leasehold |
11 | | interest. |
12 | | (b) "Homestead owner" under this Section includes: |
13 | | (1) The person or persons who own and occupy |
14 | | residential property as a principal dwelling place by its |
15 | | owner or owners who are liable for the payment of property |
16 | | taxes as of January 1 of a taxable year; or |
17 | | (2) The person or persons who possess a leasehold |
18 | | interest in property on which a detached single-family |
19 | | residence is situated, and occupy said detached |
20 | | single-family residence as a principal dwelling place, |
21 | | have an ownership interest therein, legal or equitable or |
22 | | as a lessee, and on which the person or persons are liable |
23 | | for the payment of property taxes. |
24 | | (3) The person or persons who are liable, by contract |
25 | | with the owner or owners of record, for paying property |
26 | | taxes on a unit in an apartment building owned and operated |
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1 | | as a cooperative, occupy the unit as a principal dwelling |
2 | | place, and are an owner or owners of record of a legal or |
3 | | equitable interest in the cooperative apartment building, |
4 | | other than a leasehold interest. |
5 | | (4) The person or persons who are liable, by contract |
6 | | with the owner or owners of record, for paying property |
7 | | taxes on a unit within a building which is a life care |
8 | | facility, occupy the unit as a principal dwelling place, |
9 | | and are an owner or owners of record of a legal or |
10 | | equitable interest in the cooperative apartment building, |
11 | | other than a leasehold interest. |
12 | | (c) "Life care facility" means as defined under Section 2 |
13 | | of the Life Care Facilities Act with which the homestead owner |
14 | | has a life care contract as defined in that Act. |
15 | | (d) "State-licensed care facility" means a facility |
16 | | licensed under the Assisted Living and Shared Housing Act, the |
17 | | Nursing Home Care Act, the Specialized Mental Health |
18 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
19 | | the MC/DD Act. |
20 | | (e) "Veterans care facility" means a facility operated by |
21 | | the United States Department of Veterans Affairs. |
22 | | (f) "Assessed Value" means the value of the property after |
23 | | equalization by a chief county assessment officer or board of |
24 | | review, but before equalization by the Department. |
25 | | (g) "Equalized Assessed Value" means the value of the |
26 | | property after equalization by the Department. |
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1 | | (35 ILCS 200/15-263 new) |
2 | | Sec. 15-263. Homestead Exemptions; General Provisions. |
3 | | (a) Unless otherwise provided, an initial application for |
4 | | any homestead exemption must be made to the Chief County |
5 | | Assessment Officer during the application period in effect for |
6 | | the county of his or her residence. The Chief County Assessment |
7 | | Officer may determine the eligibility of residential property |
8 | | to receive the homestead exemption provided by this Section by |
9 | | application, visual inspection, questionnaire, or other |
10 | | reasonable methods. The determination must be made in |
11 | | accordance with guidelines established by the Department. |
12 | | (b) Unless otherwise provided, a county board may by |
13 | | resolution provide that if a person has been granted a |
14 | | homestead exemption, the person qualifying need not reapply for |
15 | | the exemption. |
16 | | (c) If the Chief County Assessment Officer requires annual |
17 | | application for verification of eligibility for an exemption |
18 | | once granted under this Section, the application shall be |
19 | | mailed to the taxpayer. |
20 | | (d) If a homestead exemption is granted to a property that |
21 | | is operated as a cooperative or as a life care facility |
22 | | operated as a cooperative, the cooperative association or |
23 | | management firm shall credit the savings resulting from the |
24 | | exemption to the apportioned tax liability of the homestead |
25 | | owner. The Chief County Assessment Officer may request |
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1 | | reasonable proof that the association or firm has properly |
2 | | credited the exemption. A person who willfully refuses to |
3 | | credit an exemption to the qualified person is guilty of a |
4 | | Class B misdemeanor. |
5 | | (e) The Chief County Assessment Officer shall provide to |
6 | | each person granted a homestead exemption under Sections |
7 | | 15-268, 15-269, 15-270, and 15-272 a form to designate any |
8 | | other person to receive a duplicate of any notice of |
9 | | delinquency in the payment of taxes assessed and levied under |
10 | | this Code on the person's qualifying property. The duplicate |
11 | | notice shall be in addition to the notice required to be |
12 | | provided to the person receiving the exemption and shall be |
13 | | given in the manner required by this Code. The person filing |
14 | | the request for the duplicate notice shall pay an |
15 | | administrative fee of $5 to the Chief County Assessment |
16 | | Officer. The Chief County Assessment Officer shall then file |
17 | | the executed designation with the county collector, who shall |
18 | | issue the duplicate notices as indicated by the designation. A |
19 | | designation may be rescinded by the person in the manner |
20 | | required by the Chief County Assessment Officer. |
21 | | (f) The Chief County Assessment Officer may, when |
22 | | considering whether to grant an exemption based on a homestead |
23 | | owner's eligibility pursuant to Section 15-262(b)(2), require |
24 | | the following conditions to be met: |
25 | | (1) that a notarized application for the exemption, |
26 | | signed by both the owner and the lessee of the property, |
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1 | | must be submitted each year during the application period |
2 | | in effect for the county in which the property is located; |
3 | | (2) that a copy of the lease must be filed with the |
4 | | Chief County Assessment Officer by the owner of the |
5 | | property at the time the notarized application is |
6 | | submitted; |
7 | | (3) that the lease must expressly state that the lessee |
8 | | is liable for the payment of property taxes; and |
9 | | (4) that the lease must include the following language |
10 | | in substantially the following form: "Lessee shall be |
11 | | liable for the payment of real estate taxes with respect to |
12 | | the residence in accordance with the terms and conditions |
13 | | of Section 15-262(b)(2) of the Property Tax Code (35 ILCS |
14 | | 200/15-262(b)(2)). The permanent real estate index number |
15 | | for the premises is (insert number), and, according to the |
16 | | most recent property tax bill, the current amount of real |
17 | | estate taxes associated with the premises is (insert |
18 | | amount) per year. The parties agree that the monthly rent |
19 | | set forth above shall be increased or decreased pro rata |
20 | | (effective January 1 of each calendar year) to reflect any |
21 | | increase or decrease in real estate taxes. Lessee shall be |
22 | | deemed to be satisfying Lessee's liability for the above |
23 | | mentioned real estate taxes with the monthly rent payments |
24 | | as set forth above (or increased or decreased as set forth |
25 | | herein).". |
26 | | In addition, if there is a change in lessee, or if the |
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1 | | lessee vacates the property, then the Chief County |
2 | | Assessment Officer may require the owner of the property to |
3 | | notify the Chief County Assessment Officer of that change.
|
4 | | This subsection (f) does not apply to leasehold interests |
5 | | in property owned by a municipality. |
6 | | (g) When a homestead exemption has been granted under this |
7 | | Section and the person qualifying subsequently becomes a |
8 | | resident of a State-licensed care facility or veterans care |
9 | | facility, the exemption shall continue so long as the residence |
10 | | continues to be occupied by the qualifying person's spouse, or |
11 | | if the residence remains unoccupied but is still owned by the |
12 | | person qualified for the homestead exemption. |
13 | | (h) Any taxpayer whose application for a homestead |
14 | | exemption is denied by the Chief County Assessment Officer may |
15 | | appeal that denial to the county Board of Review. The decision |
16 | | of the Board of Review shall be final. |
17 | | (i) Notwithstanding any other provision, if a property |
18 | | transfers or otherwise ceases to be homestead property after |
19 | | the first date of eligibility within a taxable year, the |
20 | | exemption shall remain with the property until the end of that |
21 | | taxable year. |
22 | | (j) Notwithstanding Sections 6 and 8 of the State Mandates |
23 | | Act, no reimbursement by the State is required for the |
24 | | implementation of any mandate created by homestead exemptions |
25 | | under this Division. |
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1 | | (35 ILCS 200/15-265 new) |
2 | | Sec. 15-265. Veterans with disabilities adapted housing |
3 | | homestead exemption. |
4 | | (a) Definitions. In addition to the definitions found in |
5 | | Section 15-262: |
6 | | "Veteran with a disability" means a person who has served |
7 | | in the Armed Forces of the United States and whose disability |
8 | | is of such a nature that the federal government has authorized |
9 | | payment for purchase or construction of specially adapted |
10 | | housing as set forth in the United States Code, Title 38, |
11 | | Chapter 21, Section 2101. |
12 | | "Unmarried surviving spouse" means the surviving spouse of |
13 | | the veteran at any time after the death of the veteran during |
14 | | which such surviving spouse is not married. |
15 | | "Charitable organization" means any benevolent, |
16 | | philanthropic, patriotic, or eleemosynary entity that solicits |
17 | | and collects funds for charitable purposes and includes each |
18 | | local, county, or area division of that charitable |
19 | | organization. |
20 | | (b) Eligibility. The homestead property must be occupied by |
21 | | a homestead owner who is a veteran with a disability, or the |
22 | | spouse or unmarried surviving spouse of the veteran. |
23 | | The exemption applies to housing where federal funds have |
24 | | been used to purchase or construct special adaptations to suit |
25 | | the veteran's disability. |
26 | | The exemption also applies to housing that is specially |
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1 | | adapted to suit the veteran's disability, and purchased |
2 | | entirely or in part by the proceeds of a sale, casualty loss |
3 | | reimbursement, or other transfer of a home for which the |
4 | | federal government had previously authorized payment for |
5 | | purchase or construction as specially adapted housing. |
6 | | However, the entire proceeds of the sale, casualty loss |
7 | | reimbursement, or other transfer of that housing shall be |
8 | | applied to the acquisition of subsequent specially adapted |
9 | | housing to the extent that the proceeds equal the purchase |
10 | | price of the subsequently acquired housing. |
11 | | The exemption also applies to housing that is specifically |
12 | | constructed or adapted to suit a qualifying veteran's |
13 | | disability if the housing or adaptations are donated by a |
14 | | charitable organization, the veteran has been approved to |
15 | | receive funds for the purchase or construction of specially |
16 | | adapted housing under Title 38, Chapter 21, Section 2101 of the |
17 | | United States Code, and the home has been inspected and |
18 | | certified by a licensed home inspector to be in compliance with |
19 | | applicable standards set forth in U.S. Department of Veterans |
20 | | Affairs, Veterans Benefits Administration Pamphlet 26-13, |
21 | | Handbook for Design: Specially Adapted Housing. |
22 | | (c) Amount. Eligible homestead property up to an equalized |
23 | | assessed value of $100,000 is exempt. |
24 | | (d) Additional provisions. This exemption must be |
25 | | reestablished on an annual basis by certification from the |
26 | | Illinois Department of Veterans' Affairs to the Department, |
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1 | | which shall forward a copy of the certification to local |
2 | | assessing officials. |
3 | | A taxpayer who claims an exemption under Section 15-268 or |
4 | | 15-269 may not claim an exemption under this Section. |
5 | | (35 ILCS 200/15-267 new) |
6 | | Sec. 15-267. Returning Veterans' Homestead Exemption. |
7 | | (a) Definitions. In addition to the definitions found in |
8 | | Section 15-262, "veteran" means an Illinois resident who has |
9 | | served as a member of the United States Armed Forces, a member |
10 | | of the Illinois National Guard, or a member of the United |
11 | | States Reserve Forces. |
12 | | (b) Eligibility. The homestead property must be occupied by |
13 | | a homestead owner who is a veteran returning from an armed |
14 | | conflict involving the armed forces of the United States. |
15 | | (c) Amount. The reduction is $5,000 in equalized assessed |
16 | | value for the taxable year in which the veteran returns from |
17 | | active duty in an armed conflict involving the armed forces of |
18 | | the United States; however, if the veteran first acquires his |
19 | | or her principal residence during the taxable year in which he |
20 | | or she returns, but after January 1 of that year, and if the |
21 | | property is owned and occupied by the veteran as a principal |
22 | | residence on January 1 of the next taxable year, he or she may |
23 | | apply the exemption for the next taxable year, and only the |
24 | | next taxable year, after he or she returns. The reduction shall |
25 | | also be allowed for the taxable year after the taxable year in |
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1 | | which the veteran returns from active duty in an armed conflict |
2 | | involving the armed forces of the United States. For land |
3 | | improved with an apartment building owned and operated as a |
4 | | cooperative, the maximum reduction from the value of the |
5 | | property, as equalized by the Department, must be multiplied by |
6 | | the number of apartments or units occupied by a veteran |
7 | | returning from an armed conflict involving the armed forces of |
8 | | the United States who is liable, by contract with the owner or |
9 | | owners of record, for paying property taxes on the property and |
10 | | is an owner of record of a legal or equitable interest in the |
11 | | cooperative apartment building, other than a leasehold |
12 | | interest. |
13 | | (d) Additional Provisions. The exemption under this |
14 | | Section is in addition to any other homestead exemption |
15 | | provided in this Article 15. |
16 | | (35 ILCS 200/15-268 new) |
17 | | Sec. 15-268. Homestead Exemption for persons with |
18 | | disabilities. |
19 | | (a) Definitions. In addition to the definitions found in |
20 | | Section 15-262, "person with a disability" means a person |
21 | | unable to engage in any substantial gainful activity by reason |
22 | | of a medically determinable physical or mental impairment which |
23 | | can be expected to result in death or has lasted or can be |
24 | | expected to last for a continuous period of not less than 12 |
25 | | months. |
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1 | | (b) Eligibility. An annual homestead exemption is granted |
2 | | to homestead property occupied by a homestead owner who is also |
3 | | a person with a disability. A person who has a disability |
4 | | during the taxable year is eligible to receive this homestead |
5 | | exemption during that taxable year. |
6 | | (c) Amount. The annual exemption amount is $2,000 in |
7 | | equalized assessed value, to be deducted from the property's |
8 | | value as equalized or assessed by the Department; except that |
9 | | for land improved with (i) an apartment building owned and |
10 | | operated as a cooperative or (ii) a life care facility that is |
11 | | considered to be a cooperative, the maximum reduction from the |
12 | | value of the property, as equalized or assessed by the |
13 | | Department, shall be multiplied by the number of apartments or |
14 | | units occupied by a disabled person. |
15 | | (d) Additional provisions. |
16 | | (1) A person with a disability filing claims under this |
17 | | Act shall submit proof of disability in such form and |
18 | | manner as the Department shall by rule and regulation |
19 | | prescribe. Any one or more of the following shall |
20 | | constitute proof of disability for purposes of this Act: |
21 | | (A) Proof that a claimant is eligible to receive |
22 | | disability benefits under the Federal Social Security |
23 | | Act; or |
24 | | (B) Issuance of an Illinois Person with a |
25 | | Disability Identification Card stating that the |
26 | | claimant is under a Class 2 or 2A disability, as |
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1 | | defined in Section 4A of the Illinois Identification |
2 | | Card Act; or |
3 | | (C) A person with a disability not covered under |
4 | | the Federal Social Security Act and not presenting an |
5 | | Illinois Person with a Disability Identification Card |
6 | | stating that the claimant is under a Class 2 disability |
7 | | shall be examined by a physician licensed to practice |
8 | | in the State of Illinois, and his status as a person |
9 | | with a disability determined using the same standards |
10 | | as used by the Social Security Administration. The |
11 | | costs of any required examination shall be borne by the |
12 | | claimant. |
13 | | (e) A taxpayer who claims an exemption under Section 15-265 |
14 | | or 15-269 may not claim an exemption under this Section. |
15 | | (35 ILCS 200/15-269 new) |
16 | | Sec. 15-269. Homestead exemption for veterans with |
17 | | disabilities. |
18 | | (a) Definitions. In addition to the definitions found in |
19 | | Section 15-262: |
20 | | "Qualified residence" means homestead property, but |
21 | | less any portion of that property that is used for |
22 | | commercial purposes, with an equalized assessed value of |
23 | | less than $250,000. Property rented for more than 6 months |
24 | | is presumed to be used for commercial purposes. |
25 | | "Veteran" means an Illinois resident who has served as |
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1 | | a member of the United States Armed Forces on active duty |
2 | | or State active duty, a member of the Illinois National |
3 | | Guard, or a member of the United States Reserve Forces and |
4 | | who has received an honorable discharge. |
5 | | (b) Eligibility. An annual homestead exemption, limited to |
6 | | the amounts set forth in subsection (c), is granted for |
7 | | homestead property that is used as a qualified residence by a |
8 | | homestead owner who is a veteran with a disability. |
9 | | (c) Amount. The amount of the exemption under this Section |
10 | | is as follows: |
11 | | (1) if the veteran has a service-connected disability |
12 | | of 30% or more but less than 50%, as certified by the |
13 | | United States Department of Veterans Affairs, then the |
14 | | annual exemption is $2,500 of equalized assessed value; |
15 | | (2) if the veteran has a service-connected disability |
16 | | of 50% or more but less than 70%, as certified by the |
17 | | United States Department of Veterans Affairs, then the |
18 | | annual exemption is $5,000 of equalized assessed value; and |
19 | | (3) if the veteran has a service connected disability |
20 | | of 70% or more, as certified by the United States |
21 | | Department of Veterans Affairs, then the property is exempt |
22 | | from taxation under this Code. |
23 | | (d) Additional provisions. |
24 | | (1) The tax exemption under this Section carries over |
25 | | to the benefit of the veteran's surviving spouse as long as |
26 | | the spouse holds the legal or beneficial title to the |
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1 | | homestead, permanently resides thereon, and does not |
2 | | remarry. If the surviving spouse sells the property, an |
3 | | exemption not to exceed the amount granted from the most |
4 | | recent ad valorem tax roll may be transferred to his or her |
5 | | new residence as long as it is used as his or her primary |
6 | | residence and he or she does not remarry. |
7 | | (2) A taxpayer who claims an exemption under Section |
8 | | 15-265 or 15-268 may not claim an exemption under this |
9 | | Section. |
10 | | (3) Each taxpayer who has been granted an exemption |
11 | | under this Section must reapply on an annual basis. |
12 | | Application must be made during the application period in |
13 | | effect for the county of his or her residence. |
14 | | (35 ILCS 200/15-270 new) |
15 | | Sec. 15-270. Senior Citizens Homestead Exemption. |
16 | | (a) Definitions. The definitions found in Section 15-262 |
17 | | shall apply to this Section. |
18 | | (b) Eligibility. An annual homestead exemption limited, |
19 | | except as described here with relation to cooperatives or life |
20 | | care facilities, to a maximum reduction set forth below from |
21 | | the property's value, as equalized or assessed by the |
22 | | Department, is granted for homestead property that is occupied |
23 | | by a homestead owner who will be 65 years of age or older by |
24 | | December 31 of the taxable year. |
25 | | (c) Amount. |
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1 | | (1) The maximum reduction is $5,000 of equalized |
2 | | assessed value. |
3 | | (2) For land improved with an apartment building owned |
4 | | and operated as a cooperative, the maximum reduction from |
5 | | the value of the property, as equalized by the Department. |
6 | | (3) Property that is first occupied as a residence |
7 | | after January 1 of any assessment year by a person who is |
8 | | eligible for the homestead exemption under this Section |
9 | | must be granted a pro-rata exemption for the assessment |
10 | | year. The amount of the pro-rata exemption is the exemption |
11 | | allowed in the county under this Section divided by 365 and |
12 | | multiplied by the number of days during the assessment year |
13 | | the property is occupied as a residence by a person |
14 | | eligible for the exemption under this Section. The Chief |
15 | | County Assessment Officer must adopt reasonable procedures |
16 | | to establish eligibility for this pro-rata exemption. |
17 | | (d) Additional provisions. The Chief County Assessment |
18 | | Officer shall notify each person who qualifies for an exemption |
19 | | under this Section that the person may also qualify for |
20 | | deferral of real estate taxes under the Senior Citizens Real |
21 | | Estate Tax Deferral Act. The notice shall set forth the |
22 | | qualifications needed for deferral of real estate taxes, the |
23 | | address and telephone number of the county collector, and a |
24 | | statement that applications for deferral of real estate taxes |
25 | | may be obtained from the county collector. |
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1 | | (35 ILCS 200/15-272 new) |
2 | | Sec. 15-272. Senior Citizens Assessment Freeze Homestead |
3 | | Exemption. |
4 | | (a) Definitions. In addition to the definitions found in |
5 | | Section 15-262: |
6 | | "Applicant" means an individual who has filed an |
7 | | application under this Section. |
8 | | "Base amount" means the base year equalized assessed |
9 | | value of the residence plus the first year's equalized |
10 | | assessed value of any added improvements which increased |
11 | | the assessed value of the residence after the base year. |
12 | | "Base year" means the taxable year prior to the taxable |
13 | | year for which the applicant first qualifies and applies |
14 | | for the exemption provided that in the prior taxable year |
15 | | the property was improved with a permanent structure that |
16 | | was occupied as a residence by the applicant who was liable |
17 | | for paying real property taxes on the property and who was |
18 | | either (i) an owner of record of the property or had legal |
19 | | or equitable interest in the property as evidenced by a |
20 | | written instrument or (ii) had a legal or equitable |
21 | | interest as a lessee in the parcel of property that was a |
22 | | single-family residence. If in any subsequent taxable year |
23 | | for which the applicant applies and qualifies for the |
24 | | exemption the equalized assessed value of the residence is |
25 | | less than the equalized assessed value in the existing base |
26 | | year (provided that such equalized assessed value is not |
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1 | | based on an assessed value that results from a temporary |
2 | | irregularity in the property that reduces the assessed |
3 | | value for one or more taxable years), then that subsequent |
4 | | taxable year shall become the base year until a new base |
5 | | year is established under the terms of this paragraph. For |
6 | | taxable year 1999 only, the Chief County Assessment Officer |
7 | | shall review (i) all taxable years for which the applicant |
8 | | applied and qualified for the exemption and (ii) the |
9 | | existing base year. The assessment officer shall select as |
10 | | the new base year the year with the lowest equalized |
11 | | assessed value. An equalized assessed value that is based |
12 | | on an assessed value that results from a temporary |
13 | | irregularity in the property that reduces the assessed |
14 | | value for one or more taxable years shall not be considered |
15 | | the lowest equalized assessed value. The selected year |
16 | | shall be the base year for taxable year 1999 and thereafter |
17 | | until a new base year is established under the terms of |
18 | | this paragraph. |
19 | | "Household" means the applicant, the spouse of the |
20 | | applicant, and all persons using the residence of the |
21 | | applicant as their principal place of residence. |
22 | | "Household income" means the combined income of the |
23 | | members of a household for the calendar year preceding the |
24 | | taxable year. |
25 | | "Income" has the same meaning as provided in Section |
26 | | 3.07 of the Senior Citizens and Persons with Disabilities |
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1 | | Property Tax Relief Act, except that, beginning in |
2 | | assessment year 2001, "income" does not include veteran's |
3 | | benefits. |
4 | | "Internal Revenue Code of 1986" means the United States |
5 | | Internal Revenue Code of 1986 or any successor law or laws |
6 | | relating to federal income taxes in effect for the year |
7 | | preceding the taxable year. |
8 | | "Maximum income limitation" means $55,000. |
9 | | "Residence" means the principal dwelling place and |
10 | | appurtenant structures used for residential purposes in |
11 | | this State occupied on January 1 of the taxable year by a |
12 | | household and so much of the surrounding land, constituting |
13 | | the parcel upon which the dwelling place is situated, as is |
14 | | used for residential purposes. If the Chief County |
15 | | Assessment Officer has established a specific legal |
16 | | description for a portion of property constituting the |
17 | | residence, then that portion of property shall be deemed |
18 | | the residence for the purposes of this Section. |
19 | | "Taxable year" means the calendar year during which ad |
20 | | valorem property taxes payable in the next succeeding year |
21 | | are levied. |
22 | | (b) Eligibility. A senior citizens assessment freeze |
23 | | homestead exemption is granted for homestead property that is |
24 | | occupied by a homestead owner who (i) is 65 years of age or |
25 | | older by December 31 of the taxable year, and (ii) has a |
26 | | household income that does not exceed the maximum income |
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1 | | limitation. |
2 | | (c) Amount. |
3 | | (1) The amount of the exemption for all taxable years |
4 | | is the equalized assessed value of the residence in the |
5 | | taxable year for which application is made minus the base |
6 | | amount. |
7 | | (2) When the applicant is a surviving spouse of an |
8 | | applicant for a prior year for the same residence for which |
9 | | an exemption under this Section has been granted, the base |
10 | | year and base amount for that residence are the same as for |
11 | | the applicant for the prior year. |
12 | | (3) Each year at the time the assessment books are |
13 | | certified to the County Clerk, the Board of Review shall |
14 | | give to the County Clerk a list of the assessed values of |
15 | | improvements on each parcel qualifying for this exemption |
16 | | that were added after the base year for this parcel and |
17 | | that increased the assessed value of the property. |
18 | | (4) In the case of land improved with an apartment |
19 | | building owned and operated as a cooperative or a building |
20 | | that is a life care facility that qualifies as a |
21 | | cooperative, the maximum reduction from the equalized |
22 | | assessed value of the property is limited to the sum of the |
23 | | reductions calculated for each unit occupied as a residence |
24 | | by a person or persons (i) 65 years of age or older, (ii) |
25 | | with a household income that does not exceed the maximum |
26 | | income limitation, (iii) who is liable, by contract with |
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1 | | the owner or owners of record, for paying real property |
2 | | taxes on the property, and (iv) who is an owner of record |
3 | | of a legal or equitable interest in the cooperative |
4 | | apartment building, other than a leasehold interest. |
5 | | (d) Additional provisions. |
6 | | (1) When an individual dies who would have qualified |
7 | | for an exemption under this Section, and the surviving |
8 | | spouse does not independently qualify for this exemption |
9 | | because of age, the exemption under this Section shall be |
10 | | granted to the surviving spouse for the taxable year |
11 | | preceding and the taxable year of the death, provided that, |
12 | | except for age, the surviving spouse meets all other |
13 | | qualifications for the granting of this exemption for those |
14 | | years. |
15 | | (2) When married persons maintain separate residences, |
16 | | the exemption provided for in this Section may be claimed |
17 | | by only one of such persons and for only one residence. |
18 | | (3) To receive the exemption, a person shall submit an |
19 | | application by July 1 of each taxable year to the Chief |
20 | | County Assessment Officer of the county in which the |
21 | | property is located. |
22 | | (4) A county may, by ordinance, establish a date for |
23 | | submission of applications that is different than July 1. |
24 | | (5) The applicant shall submit with the application an |
25 | | affidavit of the applicant's total household income, age, |
26 | | marital status (and if married the name and address of the |
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1 | | applicant's spouse, if known), and principal dwelling |
2 | | place of members of the household on January 1 of the |
3 | | taxable year. |
4 | | (6) The Department shall establish, by rule, a method |
5 | | for verifying the accuracy of affidavits filed by |
6 | | applicants under this Section, and the Chief County |
7 | | Assessment Officer may conduct audits of any taxpayer |
8 | | claiming an exemption under this Section to verify that the |
9 | | taxpayer is eligible to receive the exemption. |
10 | | (7) Each application shall contain or be verified by a |
11 | | notarized declaration that it is made under the penalties |
12 | | of perjury. A taxpayer's signing a fraudulent application |
13 | | under this Act is perjury, as defined in Section 32-2 of |
14 | | the Criminal Code of 2012. |
15 | | (8) The applications shall be clearly marked as |
16 | | applications for the Senior Citizens Assessment Freeze |
17 | | Homestead Exemption and must contain a notice that any |
18 | | taxpayer who receives the exemption is subject to an audit |
19 | | by the Chief County Assessment Officer. |
20 | | (9) Except as provided in this Section, all information |
21 | | received by the Chief County Assessment Officer or the |
22 | | Department from applications filed under this Section, or |
23 | | from any investigation conducted under the provisions of |
24 | | this Section, shall be confidential, except for official |
25 | | purposes or pursuant to official procedures for collection |
26 | | of any State or local tax or enforcement of any civil or |
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1 | | criminal penalty or sanction imposed by this Act or by any |
2 | | statute or ordinance imposing a State or local tax. Any |
3 | | person who divulges any such information in any manner, |
4 | | except in accordance with a proper judicial order, is |
5 | | guilty of a Class A misdemeanor. |
6 | | Nothing contained in this Section shall prevent the |
7 | | Director or Chief County Assessment Officer from |
8 | | publishing or making available reasonable statistics |
9 | | concerning the operation of the exemption contained in this |
10 | | Section in which the contents of claims are grouped into |
11 | | aggregates in such a way that information contained in any |
12 | | individual claim shall not be disclosed. |
13 | | (10) Each Chief County Assessment Officer shall |
14 | | annually publish a notice of availability of the exemption |
15 | | provided under this Section. The notice shall be published |
16 | | at least 60 days but no more than 75 days prior to the date |
17 | | on which the application must be submitted to the Chief |
18 | | County Assessment Officer of the county in which the |
19 | | property is located. The notice shall appear in a newspaper |
20 | | of general circulation in the county. |
21 | | (35 ILCS 200/15-273 new) |
22 | | Sec. 15-273. Natural Disaster Homestead Exemption. |
23 | | (a) Definitions. In addition to the definitions found in |
24 | | Section 15-262: |
25 | | "Base amount" means the base year equalized assessed |
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1 | | value of the residence. |
2 | | "Base year" means the taxable year prior to the taxable |
3 | | year in which the natural disaster occurred. |
4 | | "Natural disaster" means an occurrence of widespread |
5 | | or severe damage or loss of property resulting from any |
6 | | catastrophic cause, including, but not limited to, fire, |
7 | | flood, earthquake, wind, storm, or extended period of |
8 | | severe inclement weather. In the case of a residential |
9 | | structure affected by flooding, the structure shall not be |
10 | | eligible for this homestead improvement exemption unless |
11 | | it is located within a local jurisdiction which is |
12 | | participating in the National Flood Insurance Program. A |
13 | | proclamation of disaster by the President of the United |
14 | | States or Governor of the State of Illinois is not a |
15 | | prerequisite to the classification of an occurrence as a |
16 | | natural disaster under this Section. |
17 | | (b) Eligibility. A homestead exemption shall be granted by |
18 | | the Chief County Assessment Officer for homestead properties |
19 | | containing a residential structure that has been rebuilt |
20 | | following a natural disaster occurring in taxable year 2012 or |
21 | | any taxable year thereafter. |
22 | | To be eligible for an exemption under this Section: (i) the |
23 | | residential structure must be rebuilt within 2 years after the |
24 | | date of the natural disaster; and (ii) the square footage of |
25 | | the rebuilt residential structure may not be more than 110% of |
26 | | the square footage of the original residential structure as it |
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1 | | existed immediately prior to the natural disaster. The |
2 | | taxpayer's initial application for an exemption under this |
3 | | Section must be made no later than the first taxable year after |
4 | | the residential structure is rebuilt. The exemption shall |
5 | | continue at the same annual amount until the taxable year in |
6 | | which the property is sold or transferred. |
7 | | (c) Amount. The amount of the exemption is the equalized |
8 | | assessed value of the residence in the first taxable year for |
9 | | which the taxpayer applies for an exemption under this Section |
10 | | minus the base amount. |
11 | | (d) Additional provisions. |
12 | | (1) To receive the exemption, the taxpayer shall submit |
13 | | an application to the Chief County Assessment Officer of |
14 | | the county in which the property is located by July 1 of |
15 | | each taxable year. A county may, by resolution, establish a |
16 | | date for submission of applications that is different than |
17 | | July 1. The applications shall be clearly marked as |
18 | | applications for the Natural Disaster Homestead Exemption. |
19 | | (2) Property is not eligible for an exemption under |
20 | | this Section and Section 15-280 for the same natural |
21 | | disaster or catastrophic event. The property may, however, |
22 | | remain eligible for an additional exemption under Section |
23 | | 15-280 for any separate event occurring after the property |
24 | | qualified for an exemption under this Section. |
25 | | (3) The exemption under this Section carries over to |
26 | | the benefit of the surviving spouse as long as the spouse |
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1 | | holds the legal or beneficial title to the homestead and |
2 | | permanently resides thereon. |
3 | | (35 ILCS 200/15-275 new) |
4 | | Sec. 15-275. General homestead exemption. |
5 | | (a) Definitions. The definitions found in Section 15-262 |
6 | | are applicable to this Section. |
7 | | (b) Eligibility. Homestead property occupied by a |
8 | | homestead owner is entitled to an annual homestead exemption |
9 | | limited, except as described here with relation to |
10 | | cooperatives, to a reduction in the equalized assessed value of |
11 | | homestead property equal to the increase in equalized assessed |
12 | | value for the current assessment year above the equalized |
13 | | assessed value of the property for 1977, up to the maximum |
14 | | reduction set forth below. If, however, the 1977 equalized |
15 | | assessed value upon which taxes were paid is subsequently |
16 | | determined by local assessing officials, the Property Tax |
17 | | Appeal Board, or a court to have been excessive, the equalized |
18 | | assessed value which should have been placed on the property |
19 | | for 1977 shall be used to determine the amount of the |
20 | | exemption. |
21 | | (c) Amount. |
22 | | (1) The maximum reduction is $6,000 of equalized |
23 | | assessed value. |
24 | | (2) If, based on the most recent assessment, the |
25 | | equalized assessed value of the homestead property for the |
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1 | | current assessment year is greater than the equalized |
2 | | assessed value of the property for 1977, the owner of the |
3 | | property shall automatically receive the exemption granted |
4 | | under this Section in an amount equal to the increase over |
5 | | the 1977 assessment up to the maximum reduction set forth |
6 | | in this Section. |
7 | | (d) Additional provisions. |
8 | | (1) If in any assessment year homestead property has a |
9 | | pro-rata valuation under Section 9-180 resulting in an |
10 | | increase in the assessed valuation, a reduction in |
11 | | equalized assessed valuation equal to the increase in |
12 | | equalized assessed value of the property for the year of |
13 | | the pro-rata valuation above the equalized assessed value |
14 | | of the property for 1977 shall be applied to the property |
15 | | on a proportionate basis for the period the property |
16 | | qualified as homestead property during the assessment |
17 | | year. The maximum proportionate homestead exemption shall |
18 | | not exceed the maximum homestead exemption allowed in the |
19 | | county under this Section divided by 365 and multiplied by |
20 | | the number of days the property qualified as homestead |
21 | | property. |
22 | | (2) Where married persons maintain and reside in |
23 | | separate residences qualifying as homestead property, each |
24 | | residence shall receive 50% of the total reduction in |
25 | | equalized assessed valuation provided by this Section. |
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1 | | (35 ILCS 200/15-280 new) |
2 | | Sec. 15-280. Homestead improvement exemption. |
3 | | (a) Definitions. In addition to the definitions found in |
4 | | Section 15-262, a "catastrophic event" may include an |
5 | | occurrence of widespread or severe damage or loss of property |
6 | | resulting from any catastrophic cause including but not limited |
7 | | to fire, including arson (provided the fire was not caused by |
8 | | the willful action of an owner or resident of the property), |
9 | | flood, earthquake, wind, storm, explosion, or extended periods |
10 | | of severe inclement weather. In the case of a residential |
11 | | structure affected by flooding, the structure shall not be |
12 | | eligible for this homestead improvement exemption unless it is |
13 | | located within a local jurisdiction which is participating in |
14 | | the National Flood Insurance Program. A proclamation of |
15 | | disaster by the President of the United States or Governor of |
16 | | the State of Illinois is not a prerequisite to the |
17 | | classification of an occurrence as a catastrophic event under |
18 | | this Section. |
19 | | (b) Eligibility. Homestead properties that have been |
20 | | improved and residential structures on homestead property that |
21 | | have been rebuilt following a catastrophic event are entitled |
22 | | to a homestead improvement exemption, when that property is |
23 | | owned by a homestead owner and used exclusively for a |
24 | | residential purpose and upon demonstration that a proposed |
25 | | increase in assessed value is attributable solely to a new |
26 | | improvement of an existing structure or the rebuilding of a |
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1 | | residential structure following a catastrophic event. To be |
2 | | eligible for an exemption under this Section after a |
3 | | catastrophic event, the residential structure must be rebuilt |
4 | | within 2 years after the catastrophic event. The exemption for |
5 | | rebuilt structures under this Section applies to the increase |
6 | | in value of the rebuilt structure over the value of the |
7 | | structure before the catastrophic event. The amount of the |
8 | | exemption shall be limited to the fair cash value added by the |
9 | | new improvement or rebuilding and shall continue for 4 years |
10 | | from the date the improvement or rebuilding is completed and |
11 | | occupied. |
12 | | (c) Amount. The exemption is limited to $25,000 of |
13 | | equalized assessed value. |
14 | | (d) Additional Provisions. In addition to the notice |
15 | | requirement under Section 12-30, a supervisor of assessments, |
16 | | county assessor, or township or multi-township assessor |
17 | | responsible for adding an assessable improvement to a |
18 | | residential property's assessment shall either notify a |
19 | | taxpayer whose assessment has been changed since the last |
20 | | preceding assessment that he or she may be eligible for the |
21 | | exemption provided under this Section or shall grant the |
22 | | exemption automatically.
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23 | | Section 99. Effective date. This Act takes effect January |
24 | | 1, 2018.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 35 ILCS 200/9-275 | | | 4 | | 35 ILCS 200/Art. 10 Div. | 5 | | 20 heading new | | | 6 | | 35 ILCS 200/10-800 | was 35 ILCS 200/15-174 | | 7 | | 35 ILCS 200/Art. 15 Div. 1 | 8 | | heading new | | | 9 | | 35 ILCS 200/15-13 new | | | 10 | | 35 ILCS 200/Art. 15 Div. 2 | 11 | | heading new | | | 12 | | 35 ILCS 200/15-163 new | | | 13 | | 35 ILCS 200/15-167 | | | 14 | | 35 ILCS 200/15-168 | | | 15 | | 35 ILCS 200/15-169 | | | 16 | | 35 ILCS 200/15-170 | | | 17 | | 35 ILCS 200/15-172 | | | 18 | | 35 ILCS 200/15-173 | | | 19 | | 35 ILCS 200/15-175 | | | 20 | | 35 ILCS 200/15-176 | | | 21 | | 35 ILCS 200/15-177 | | | 22 | | 35 ILCS 200/15-180 | | | 23 | | 35 ILCS 200/Art. 15 Div. 3 | 24 | | heading new | | | 25 | | 35 ILCS 200/15-261 new | | |
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| 1 | | 35 ILCS 200/15-262 new | | | 2 | | 35 ILCS 200/15-263 new | | | 3 | | 35 ILCS 200/15-265 new | | | 4 | | 35 ILCS 200/15-267 new | | | 5 | | 35 ILCS 200/15-268 new | | | 6 | | 35 ILCS 200/15-269 new | | | 7 | | 35 ILCS 200/15-270 new | | | 8 | | 35 ILCS 200/15-272 new | | | 9 | | 35 ILCS 200/15-273 new | | | 10 | | 35 ILCS 200/15-275 new | | | 11 | | 35 ILCS 200/15-280 new | |
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