Illinois General Assembly - Full Text of SB2244
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Full Text of SB2244  102nd General Assembly


Rep. Michael J. Zalewski

Filed: 5/17/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2244 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Senior Citizens Real Estate Tax Deferral
5Act is amended by changing Sections 2 and 3 as follows:
6    (320 ILCS 30/2)  (from Ch. 67 1/2, par. 452)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Taxpayer" means an individual whose household income
9for the year is no greater than: (i) $40,000 through tax year
102005; (ii) $50,000 for tax years 2006 through 2011; and (iii)
11$55,000 for tax years year 2012 through 2021; (iv) $65,000 for
12tax years 2022 through 2025; and (v) $55,000 for tax year 2026
13and thereafter.
14    (b) "Tax deferred property" means the property upon which
15real estate taxes are deferred under this Act.
16    (c) "Homestead" means the land and buildings thereon,



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1including a condominium or a dwelling unit in a multidwelling
2building that is owned and operated as a cooperative, occupied
3by the taxpayer as his residence or which are temporarily
4unoccupied by the taxpayer because such taxpayer is
5temporarily residing, for not more than 1 year, in a licensed
6facility as defined in Section 1-113 of the Nursing Home Care
8    (d) "Real estate taxes" or "taxes" means the taxes on real
9property for which the taxpayer would be liable under the
10Property Tax Code, including special service area taxes, and
11special assessments on benefited real property for which the
12taxpayer would be liable to a unit of local government.
13    (e) "Department" means the Department of Revenue.
14    (f) "Qualifying property" means a homestead which (a) the
15taxpayer or the taxpayer and his spouse own in fee simple or
16are purchasing in fee simple under a recorded instrument of
17sale, (b) is not income-producing property, (c) is not subject
18to a lien for unpaid real estate taxes when a claim under this
19Act is filed, and (d) is not held in trust, other than an
20Illinois land trust with the taxpayer identified as the sole
21beneficiary, if the taxpayer is filing for the program for the
22first time effective as of the January 1, 2011 assessment year
23or tax year 2012 and thereafter.
24    (g) "Equity interest" means the current assessed valuation
25of the qualified property times the fraction necessary to
26convert that figure to full market value minus any outstanding



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1debts or liens on that property. In the case of qualifying
2property not having a separate assessed valuation, the
3appraised value as determined by a qualified real estate
4appraiser shall be used instead of the current assessed
6    (h) "Household income" has the meaning ascribed to that
7term in the Senior Citizens and Persons with Disabilities
8Property Tax Relief Act.
9    (i) "Collector" means the county collector or, if the
10taxes to be deferred are special assessments, an official
11designated by a unit of local government to collect special
13(Source: P.A. 99-143, eff. 7-27-15.)
14    (320 ILCS 30/3)  (from Ch. 67 1/2, par. 453)
15    Sec. 3. A taxpayer may, on or before March 1 of each year,
16apply to the county collector of the county where his
17qualifying property is located, or to the official designated
18by a unit of local government to collect special assessments
19on the qualifying property, as the case may be, for a deferral
20of all or a part of real estate taxes payable during that year
21for the preceding year in the case of real estate taxes other
22than special assessments, or for a deferral of any
23installments payable during that year in the case of special
24assessments, on all or part of his qualifying property. The
25application shall be on a form prescribed by the Department



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1and furnished by the collector, (a) showing that the applicant
2will be 65 years of age or older by June 1 of the year for
3which a tax deferral is claimed, (b) describing the property
4and verifying that the property is qualifying property as
5defined in Section 2, (c) certifying that the taxpayer has
6owned and occupied as his residence such property or other
7qualifying property in the State for at least the last 3 years
8except for any periods during which the taxpayer may have
9temporarily resided in a nursing or sheltered care home, and
10(d) specifying whether the deferral is for all or a part of the
11taxes, and, if for a part, the amount of deferral applied for.
12As to qualifying property not having a separate assessed
13valuation, the taxpayer shall also file with the county
14collector a written appraisal of the property prepared by a
15qualified real estate appraiser together with a certificate
16signed by the appraiser stating that he has personally
17examined the property and setting forth the value of the land
18and the value of the buildings thereon occupied by the
19taxpayer as his residence.
20    The collector shall grant the tax deferral provided such
21deferral does not exceed funds available in the Senior
22Citizens Real Estate Deferred Tax Revolving Fund and provided
23that the owner or owners of such real property have entered
24into a tax deferral and recovery agreement with the collector
25on behalf of the county or other unit of local government,
26which agreement expressly states:



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1    (1) That the total amount of taxes deferred under this
2Act, plus interest, for the year for which a tax deferral is
3claimed as well as for those previous years for which taxes are
4not delinquent and for which such deferral has been claimed
5may not exceed 80% of the taxpayer's equity interest in the
6property for which taxes are to be deferred and that, if the
7total deferred taxes plus interest equals 80% of the
8taxpayer's equity interest in the property, the taxpayer shall
9thereafter pay the annual interest due on such deferred taxes
10plus interest so that total deferred taxes plus interest will
11not exceed such 80% of the taxpayer's equity interest in the
12property. Effective as of the January 1, 2011 assessment year
13or tax year 2012 and through the 2021 tax year, and beginning
14again with the 2026 tax year thereafter, the total amount of
15any such deferral shall not exceed $5,000 per taxpayer in each
16tax year. For the 2022 tax year through the 2025 tax year, the
17total amount of any such deferral shall not exceed $7,500 per
18taxpayer in each tax year.
19    (2) That any real estate taxes deferred under this Act and
20any interest accrued thereon at the rate of 6% per year are a
21lien on the real estate and improvements thereon until paid.
22No sale or transfer of such real property may be legally closed
23and recorded until the taxes which would otherwise have been
24due on the property, plus accrued interest, have been paid
25unless the collector certifies in writing that an arrangement
26for prompt payment of the amount due has been made with his



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1office. The same shall apply if the property is to be made the
2subject of a contract of sale.
3    (3) That upon the death of the taxpayer claiming the
4deferral the heirs-at-law, assignees or legatees shall have
5first priority to the real property upon which taxes have been
6deferred by paying in full the total taxes which would
7otherwise have been due, plus interest. However, if such
8heir-at-law, assignee, or legatee is a surviving spouse, the
9tax deferred status of the property shall be continued during
10the life of that surviving spouse if the spouse is 55 years of
11age or older within 6 months of the date of death of the
12taxpayer and enters into a tax deferral and recovery agreement
13before the time when deferred taxes become due under this
14Section. Any additional taxes deferred, plus interest, on the
15real property under a tax deferral and recovery agreement
16signed by a surviving spouse shall be added to the taxes and
17interest which would otherwise have been due, and the payment
18of which has been postponed during the life of such surviving
19spouse, in determining the 80% equity requirement provided by
20this Section.
21    (4) That if the taxes due, plus interest, are not paid by
22the heir-at-law, assignee or legatee or if payment is not
23postponed during the life of a surviving spouse, the deferred
24taxes and interest shall be recovered from the estate of the
25taxpayer within one year of the date of his death. In addition,
26deferred real estate taxes and any interest accrued thereon



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1are due within 90 days after any tax deferred property ceases
2to be qualifying property as defined in Section 2.
3    If payment is not made when required by this Section,
4foreclosure proceedings may be instituted under the Property
5Tax Code.
6    (5) That any joint owner has given written prior approval
7for such agreement, which written approval shall be made a
8part of such agreement.
9    (6) That a guardian for a person under legal disability
10appointed for a taxpayer who otherwise qualifies under this
11Act may act for the taxpayer in complying with this Act.
12    (7) That a taxpayer or his agent has provided to the
13satisfaction of the collector, sufficient evidence that the
14qualifying property on which the taxes are to be deferred is
15insured against fire or casualty loss for at least the total
16amount of taxes which have been deferred.
17    If the taxes to be deferred are special assessments, the
18unit of local government making the assessments shall forward
19a copy of the agreement entered into pursuant to this Section
20and the bills for such assessments to the county collector of
21the county in which the qualifying property is located.
22(Source: P.A. 97-481, eff. 8-22-11.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".