| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | AN ACT concerning revenue.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 15-167 and 15-169 and by adding Section 15-166 as | ||||||||||||||||||||||||||||
6 | follows: | ||||||||||||||||||||||||||||
7 | (35 ILCS 200/15-166 new) | ||||||||||||||||||||||||||||
8 | Sec. 15-166. Veterans' Standard Homestead Exemption. | ||||||||||||||||||||||||||||
9 | (a) Beginning with taxable year 2018, a homestead | ||||||||||||||||||||||||||||
10 | exemption, as provided in subsection (b), is granted for | ||||||||||||||||||||||||||||
11 | property that is owned and occupied as the principal residence | ||||||||||||||||||||||||||||
12 | of a veteran. The exemption under this Section applies only for | ||||||||||||||||||||||||||||
13 | the first taxable year after the veteran acquires an ownership | ||||||||||||||||||||||||||||
14 | interest in the property. As of January 1 of the taxable year | ||||||||||||||||||||||||||||
15 | for which the exemption is granted, the veteran must be an | ||||||||||||||||||||||||||||
16 | owner of record of the property or have a legal or equitable | ||||||||||||||||||||||||||||
17 | interest therein as evidenced by a written instrument, except | ||||||||||||||||||||||||||||
18 | for a leasehold interest, other than a leasehold interest of | ||||||||||||||||||||||||||||
19 | land on which a single family residence is located, which is | ||||||||||||||||||||||||||||
20 | occupied as the principal residence of a veteran who (i) has an | ||||||||||||||||||||||||||||
21 | ownership interest therein, legal, equitable or as a lessee, | ||||||||||||||||||||||||||||
22 | and (ii) is liable for the payment of property taxes. | ||||||||||||||||||||||||||||
23 | (b) The amount of the exemption is a reduction from the |
| |||||||
| |||||||
1 | property's equalized assessed value in the amount of: | ||||||
2 | (1) $5,000 if the property has an equalized assessed | ||||||
3 | value of $250,000 or less; or | ||||||
4 | (2) $10,000 if the property has an equalized assessed | ||||||
5 | value of more than $250,000. | ||||||
6 | (c) Application for the exemption granted under this | ||||||
7 | Section must be made during the application period in effect | ||||||
8 | for the county of residence. The assessor or chief county | ||||||
9 | assessment officer may determine the eligibility of | ||||||
10 | residential property to receive the homestead exemption | ||||||
11 | provided by this Section by application, visual inspection, | ||||||
12 | questionnaire, or other reasonable methods. The determination | ||||||
13 | must be made in accordance with guidelines established by the | ||||||
14 | Department. | ||||||
15 | (d) A taxpayer who claims an exemption under Section | ||||||
16 | 15-165, 15-167, 15-168, or 15-169 may not claim an exemption | ||||||
17 | under this Section. | ||||||
18 | (e) For land improved with (i) an apartment building owned | ||||||
19 | and operated as a cooperative or (ii) a life care facility as | ||||||
20 | defined under Section 2 of the Life Care Facilities Act that is | ||||||
21 | considered to be a cooperative, the maximum reduction from the | ||||||
22 | value of the property, as equalized or assessed by the | ||||||
23 | Department, shall be multiplied by the number of apartments or | ||||||
24 | units occupied by a veteran who qualifies for an exemption | ||||||
25 | under this Section. If a homestead exemption is granted under | ||||||
26 | this Section, the cooperative association or management firm |
| |||||||
| |||||||
1 | shall credit the savings resulting from the exemption to the | ||||||
2 | apportioned tax liability of the veteran. The chief county | ||||||
3 | assessment officer may request reasonable proof that the | ||||||
4 | association or firm has properly credited the exemption. A | ||||||
5 | person who willfully refuses to credit an exemption as required | ||||||
6 | under this subsection (e) is guilty of a Class B misdemeanor. | ||||||
7 | (f) For purposes of the exemption under this Section, | ||||||
8 | "veteran" means an Illinois resident who has served as a member | ||||||
9 | of the United States Armed Forces, a member of the Illinois | ||||||
10 | National Guard, or a member of the United States Reserve | ||||||
11 | Forces. | ||||||
12 | (35 ILCS 200/15-167) | ||||||
13 | Sec. 15-167. Returning Veterans' Homestead Exemption. | ||||||
14 | (a) Beginning with taxable year 2007, a homestead | ||||||
15 | exemption, limited to a reduction set forth under subsection | ||||||
16 | (b), from the property's value, as equalized or assessed by the | ||||||
17 | Department, is granted for property that is owned and occupied | ||||||
18 | as the principal residence of a veteran returning from an armed | ||||||
19 | conflict involving the armed forces of the United States who is | ||||||
20 | liable for paying real estate taxes on the property and is an | ||||||
21 | owner of record of the property or has a legal or equitable | ||||||
22 | interest therein as evidenced by a written instrument, except | ||||||
23 | for a leasehold interest, other than a leasehold interest of | ||||||
24 | land on which a single family residence is located, which is | ||||||
25 | occupied as the principal residence of a veteran returning from |
| |||||||
| |||||||
1 | an armed conflict involving the armed forces of the United | ||||||
2 | States who has an ownership interest therein, legal, equitable | ||||||
3 | or as a lessee, and on which he or she is liable for the payment | ||||||
4 | of property taxes. For purposes of the exemption under this | ||||||
5 | Section, "veteran" means an Illinois resident who has served as | ||||||
6 | a member of the United States Armed Forces, a member of the | ||||||
7 | Illinois National Guard, or a member of the United States | ||||||
8 | Reserve Forces. | ||||||
9 | (b) In all counties, the reduction is $5,000 for the | ||||||
10 | taxable year in which the veteran returns from active duty in | ||||||
11 | an armed conflict involving the armed forces of the United | ||||||
12 | States; however, if the veteran first acquires his or her | ||||||
13 | principal residence during the taxable year in which he or she | ||||||
14 | returns, but after January 1 of that year, and if the property | ||||||
15 | is owned and occupied by the veteran as a principal residence | ||||||
16 | on January 1 of the next taxable year, he or she may apply the | ||||||
17 | exemption for the next taxable year, and only the next taxable | ||||||
18 | year, after he or she returns. Beginning in taxable year 2010, | ||||||
19 | the reduction shall also be allowed for the taxable year after | ||||||
20 | the taxable year in which the veteran returns from active duty | ||||||
21 | in an armed conflict involving the armed forces of the United | ||||||
22 | States. For land improved with an apartment building owned and | ||||||
23 | operated as a cooperative, the maximum reduction from the value | ||||||
24 | of the property, as equalized by the Department, must be | ||||||
25 | multiplied by the number of apartments or units occupied by a | ||||||
26 | veteran returning from an armed conflict involving the armed |
| |||||||
| |||||||
1 | forces of the United States who is liable, by contract with the | ||||||
2 | owner or owners of record, for paying property taxes on the | ||||||
3 | property and is an owner of record of a legal or equitable | ||||||
4 | interest in the cooperative apartment building, other than a | ||||||
5 | leasehold interest. In a cooperative where a homestead | ||||||
6 | exemption has been granted, the cooperative association or the | ||||||
7 | management firm of the cooperative or facility shall credit the | ||||||
8 | savings resulting from that exemption only to the apportioned | ||||||
9 | tax liability of the owner or resident who qualified for the | ||||||
10 | exemption. Any person who willfully refuses to so credit the | ||||||
11 | savings is guilty of a Class B misdemeanor. | ||||||
12 | (c) Application must be made during the application period | ||||||
13 | in effect for the county of his or her residence. The assessor | ||||||
14 | or chief county assessment officer may determine the | ||||||
15 | eligibility of residential property to receive the homestead | ||||||
16 | exemption provided by this Section by application, visual | ||||||
17 | inspection, questionnaire, or other reasonable methods. The | ||||||
18 | determination must be made in accordance with guidelines | ||||||
19 | established by the Department. | ||||||
20 | (d) Except as provided in subsection (d) of Section 15-166, | ||||||
21 | the The exemption under this Section is in addition to any | ||||||
22 | other homestead exemption provided in this Article 15. | ||||||
23 | Notwithstanding Sections 6 and 8 of the State Mandates Act, no | ||||||
24 | reimbursement by the State is required for the implementation | ||||||
25 | of any mandate created by this Section.
| ||||||
26 | (Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10; |
| |||||||
| |||||||
1 | 97-333, eff. 8-12-11.) | ||||||
2 | (35 ILCS 200/15-169) | ||||||
3 | Sec. 15-169. Homestead exemption for veterans with | ||||||
4 | disabilities. | ||||||
5 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
6 | exemption, limited to the amounts set forth in subsections (b) | ||||||
7 | and (b-3), is granted for property that is used as a qualified | ||||||
8 | residence by a veteran with a disability. | ||||||
9 | (b) For taxable years prior to 2015, the amount of the | ||||||
10 | exemption under this Section is as follows: | ||||||
11 | (1) for veterans with a service-connected disability | ||||||
12 | of at least (i) 75% for exemptions granted in taxable years | ||||||
13 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||
14 | taxable year 2010 and each taxable year thereafter, as | ||||||
15 | certified by the United States Department of Veterans | ||||||
16 | Affairs, the annual exemption is $5,000; and | ||||||
17 | (2) for veterans with a service-connected disability | ||||||
18 | of at least 50%, but less than (i) 75% for exemptions | ||||||
19 | granted in taxable years 2007 through 2009 and (ii) 70% for | ||||||
20 | exemptions granted in taxable year 2010 and each taxable | ||||||
21 | year thereafter, as certified by the United States | ||||||
22 | Department of Veterans Affairs, the annual exemption is | ||||||
23 | $2,500. | ||||||
24 | (b-3) For taxable years 2015 and thereafter: | ||||||
25 | (1) if the veteran has a service connected disability |
| |||||||
| |||||||
1 | of 30% or more but less than 50%, as certified by the | ||||||
2 | United States Department of Veterans Affairs, then the | ||||||
3 | annual exemption is $2,500; | ||||||
4 | (2) if the veteran has a service connected disability | ||||||
5 | of 50% or more but less than 70%, as certified by the | ||||||
6 | United States Department of Veterans Affairs, then the | ||||||
7 | annual exemption is $5,000; and | ||||||
8 | (3) if the veteran has a service connected disability | ||||||
9 | of 70% or more, as certified by the United States | ||||||
10 | Department of Veterans Affairs, then the property is exempt | ||||||
11 | from taxation under this Code. | ||||||
12 | (b-5) If a homestead exemption is granted under this | ||||||
13 | Section and the person awarded the exemption subsequently | ||||||
14 | becomes a resident of a facility licensed under the Nursing | ||||||
15 | Home Care Act or a facility operated by the United States | ||||||
16 | Department of Veterans Affairs, then the exemption shall | ||||||
17 | continue (i) so long as the residence continues to be occupied | ||||||
18 | by the qualifying person's spouse or (ii) if the residence | ||||||
19 | remains unoccupied but is still owned by the person who | ||||||
20 | qualified for the homestead exemption. | ||||||
21 | (c) The tax exemption under this Section carries over to | ||||||
22 | the benefit of the veteran's
surviving spouse as long as the | ||||||
23 | spouse holds the legal or
beneficial title to the homestead, | ||||||
24 | permanently resides
thereon, and does not remarry. If the | ||||||
25 | surviving spouse sells
the property, an exemption not to exceed | ||||||
26 | the amount granted
from the most recent ad valorem tax roll may |
| |||||||
| |||||||
1 | be transferred to
his or her new residence as long as it is | ||||||
2 | used as his or her
primary residence and he or she does not | ||||||
3 | remarry. | ||||||
4 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
5 | Section shall require the veteran to have qualified for or | ||||||
6 | obtained the exemption before death if the veteran was killed | ||||||
7 | in the line of duty. | ||||||
8 | (d) The exemption under this Section applies for taxable | ||||||
9 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
10 | under Section 15-165 , 15-166, or 15-168 may not claim an | ||||||
11 | exemption under this Section. | ||||||
12 | (e) Each taxpayer who has been granted an exemption under | ||||||
13 | this Section must reapply on an annual basis. Application must | ||||||
14 | be made during the application period
in effect for the county | ||||||
15 | of his or her residence. The assessor
or chief county | ||||||
16 | assessment officer may determine the
eligibility of | ||||||
17 | residential property to receive the homestead
exemption | ||||||
18 | provided by this Section by application, visual
inspection, | ||||||
19 | questionnaire, or other reasonable methods. The
determination | ||||||
20 | must be made in accordance with guidelines
established by the | ||||||
21 | Department. | ||||||
22 | (f) For the purposes of this Section: | ||||||
23 | "Qualified residence" means real
property, but less any | ||||||
24 | portion of that property that is used for
commercial purposes, | ||||||
25 | with an equalized assessed value of less than $250,000 that is | ||||||
26 | the primary residence of a veteran with a disability. Property |
| |||||||
| |||||||
1 | rented for more than 6 months is
presumed to be used for | ||||||
2 | commercial purposes. | ||||||
3 | "Veteran" means an Illinois resident who has served as a
| ||||||
4 | member of the United States Armed Forces on active duty or
| ||||||
5 | State active duty, a member of the Illinois National Guard, or
| ||||||
6 | a member of the United States Reserve Forces and who has | ||||||
7 | received an honorable discharge. | ||||||
8 | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15; | ||||||
9 | 99-375, eff. 8-17-15; 99-642, eff. 7-28-16.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|