Full Text of SB2395 103rd General Assembly
SB2395 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2395 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/9-260 | | 35 ILCS 200/18-250 | | 35 ILCS 200/21-15 | | 35 ILCS 200/21-25 | | 35 ILCS 200/21-45 | |
35 ILCS 200/21-355 |
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Amends the Property Tax Code. Reduces the interest rate for delinquent taxes in Cook County to 0.75% for tax year 2023 and thereafter.
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| | A BILL FOR |
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| 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 9-260, 18-250, 21-15, 21-25, 21-45, and 21-355 as | 6 | | follows:
| 7 | | (35 ILCS 200/9-260)
| 8 | | Sec. 9-260. Assessment of omitted property; counties of | 9 | | 3,000,000 or
more. | 10 | | (a) After signing the affidavit, the county assessor
shall | 11 | | have power, when directed by the board of
appeals
(until the | 12 | | first Monday in December 1998 and the board of review
| 13 | | beginning
the first Monday in December 1998 and thereafter), | 14 | | or on his or her own
initiative, subject to the limitations of | 15 | | Sections 9-265 and 9-270, to assess properties which
may have | 16 | | been omitted from assessments
for the current year and not | 17 | | more than 3 years prior to the current year for which the | 18 | | property was
liable to be taxed, and for which the tax has not | 19 | | been paid, but only on notice
and an opportunity to be heard in | 20 | | the manner and form required by law, and
shall enter the | 21 | | assessments upon the assessment books. Any notice shall | 22 | | include (i) a request that a person receiving the notice who is | 23 | | not the current taxpayer contact the office of the county |
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| 1 | | assessor and explain that the person is not the current | 2 | | taxpayer, which contact may be made on the telephone, in | 3 | | writing, or in person upon receipt of the notice, and (ii) the | 4 | | name, address, and telephone number of the appropriate | 5 | | personnel in the office of the county assessor to whom the | 6 | | response should be made. Any time period for the review of an | 7 | | omitted assessment included in the notice shall be consistent | 8 | | with the time period established by the assessor in accordance | 9 | | with subsection (a) of Section 12-55. No charge for tax of
| 10 | | previous years shall be made against any property if (1) the | 11 | | assessor failed to notify the board of review of the omitted | 12 | | assessment in accordance with subsection (a-1) of this | 13 | | Section; (2) the property was last
assessed as unimproved, the | 14 | | owner of such property gave notice of
subsequent improvements | 15 | | and requested a reassessment as required by Section
9-180, and | 16 | | reassessment of the property was not made within the 16 month
| 17 | | period immediately following the receipt of that notice; (3) | 18 | | the owner of the property gave notice as required by Section | 19 | | 9-265; (4) the assessor received a building permit for the | 20 | | property evidencing
that new construction had occurred or was | 21 | | occurring on the property but
failed to list the improvement | 22 | | on the tax rolls; (5) the assessor
received a plat map, plat of | 23 | | survey, ALTA survey, mortgage survey, or
other similar | 24 | | document containing the omitted property but failed to
list | 25 | | the improvement on the tax rolls; (6) the assessor received a | 26 | | real
estate transfer declaration indicating a sale from an |
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| 1 | | exempt property
owner to a non-exempt property owner but | 2 | | failed to list the property on
the tax rolls; or (7) the | 3 | | property was the subject of an assessment
appeal before the | 4 | | assessor or the board of review that had included the
intended | 5 | | omitted property as part of the assessment appeal and provided
| 6 | | evidence of its market value. | 7 | | (a-1) After providing notice and an opportunity to be | 8 | | heard as
required by subsection (a) of this Section, the | 9 | | assessor shall render a
decision on the omitted assessment, | 10 | | whether or not the omitted
assessment was contested, and shall | 11 | | mail a notice of the decision to the
taxpayer of record or to | 12 | | the party that contested the omitted assessment. The notice of | 13 | | decision shall contain a statement that the
decision may be | 14 | | appealed to the board of review. The decision and all
evidence | 15 | | used in the decision shall be transmitted by the assessor to
| 16 | | the board of review on or before the dates specified in | 17 | | accordance with
Section 16-110.
| 18 | | (b) Any taxes based on the omitted assessment of a | 19 | | property pursuant to
Sections
9-260 through 9-270 and Sections | 20 | | 16-135 and 16-140 shall be prepared and mailed at the same time | 21 | | as the
estimated first
installment property tax bill for the | 22 | | preceding year (as described in
Section 21-30)
is prepared and | 23 | | mailed. The omitted assessment tax bill
is not due
until the | 24 | | date on which the second installment property tax bill for the
| 25 | | preceding
year becomes due. The omitted assessment tax bill | 26 | | shall be deemed
delinquent
and shall bear interest beginning |
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| 1 | | on the day after the due date of the second
installment
(as | 2 | | described in Section 21-25). Any taxes for omitted assessments | 3 | | for a tax year prior to tax year 2023 that are deemed
| 4 | | delinquent
after the due date of the second installment tax | 5 | | bill shall bear
interest at the rate of
1.5% per month or | 6 | | portion thereof until paid or forfeited (as described in
| 7 | | Section 21-25). Any taxes for omitted assessments for tax year | 8 | | 2023 or thereafter that are deemed
delinquent
after the due | 9 | | date of the second installment tax bill shall bear
interest at | 10 | | the rate of
0.75% per month or portion thereof until paid or | 11 | | forfeited (as described in
Section 21-25).
| 12 | | (c) The
assessor shall have no power to change the | 13 | | assessment or alter the
assessment books in any other manner | 14 | | or for any other purpose so as to
change or affect the taxes in | 15 | | that year, except as ordered by the board of
appeals (until the | 16 | | first Monday in December 1998 and the board of review
| 17 | | beginning the first Monday in December 1998 and thereafter). | 18 | | The county
assessor shall make
all changes and corrections | 19 | | ordered by the board of appeals
(until the first Monday in | 20 | | December 1998 and the board of review
beginning
the first | 21 | | Monday in December 1998 and thereafter).
The county assessor | 22 | | may for the purpose
of revision by the board of appeals
(until | 23 | | the first Monday in December 1998 and the board of review
| 24 | | beginning
the first Monday in December 1998 and thereafter)
| 25 | | certify the assessment books
for any town or taxing district | 26 | | after or when such books are completed.
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| 1 | | (Source: P.A. 96-1553, eff. 3-10-11.)
| 2 | | (35 ILCS 200/18-250)
| 3 | | Sec. 18-250.
Additions to forfeited taxes and unpaid | 4 | | special assessments;
fee for estimate.
| 5 | | (a) When any property has been forfeited for taxes or | 6 | | special
assessments, the clerk shall compute the amount of | 7 | | back taxes and special
assessments, interest, statutory costs, | 8 | | and printer's fees remaining due,
with one year's interest on | 9 | | all taxes forfeited, and enter them upon the
collector's books | 10 | | as separate items. Except as otherwise provided in
Section | 11 | | 21-375, the aggregate so computed shall be collected in the | 12 | | same
manner as the taxes on other property for that year. The | 13 | | county clerk shall
examine the forfeitures, and strike all | 14 | | errors and make corrections as
necessary. For counties with | 15 | | fewer than 3,000,000 inhabitants, interest Interest added to | 16 | | forfeitures under this Section shall be at the
rate of 12% per | 17 | | year. For counties with 3,000,000 inhabitants or more, | 18 | | interest added to forfeitures under this Section shall accrue | 19 | | at the rate of: (i) 12% per year if the forfeiture is for a tax | 20 | | year prior to tax year 2023; or (ii) 0.75% per month, or | 21 | | portion thereof, if the forfeiture is for tax year 2023 or any | 22 | | tax year thereafter.
| 23 | | (b) In counties with 3,000,000 or more inhabitants, taxes | 24 | | first
extended
for prior years, or previously extended for | 25 | | prior years for which application
for judgment and order of |
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| 1 | | sale is not already pending, shall be added to the
tax of the | 2 | | current year, with interest and costs as provided by law.
| 3 | | Forfeitures shall not be so added, but they shall remain a lien | 4 | | on the property
upon which they were charged until paid or sold | 5 | | as provided by law. There
shall be added to such forfeitures | 6 | | annually the same interest as would be added
if forfeited | 7 | | annually, until paid or sold, and the addition of each year's
| 8 | | interest shall be considered a separate forfeiture. | 9 | | Forfeitures may be
redeemed in the manner provided in Section | 10 | | 21-370 or 21-375. Taxes and special
assessments for which | 11 | | application for judgment and order of sale is
pending, or | 12 | | entered but not enforced for any reason, shall not be added to | 13 | | the
tax for the current year. However, if the taxes and special | 14 | | assessments remain
unpaid, the property, shall be advertised | 15 | | and sold under judgments and orders
of sale to be entered in | 16 | | pending applications, or already entered in prior
| 17 | | applications, including judgments and orders of sale under | 18 | | which the purchaser
fails to complete his or her purchase.
| 19 | | (c) In counties with 3,000,000 or more inhabitants, on or | 20 | | before January
1, 2001 and during each year thereafter, the | 21 | | county clerk
shall compute the amount of taxes on each | 22 | | property that remain due or
forfeited for any year prior to the | 23 | | current year and have not become subject to
Sections 20-180 | 24 | | through 20-190, and the clerk shall enter the same upon the
| 25 | | collector's warrant books of the current and all following | 26 | | years as separate
items in a suitable column. The county clerk |
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| 1 | | shall examine the collector's
warrant books and the Tax | 2 | | Judgment, Sale, Redemption and Forfeiture records for
the | 3 | | appropriate years and may take any other actions as the clerk | 4 | | finds to be
necessary or convenient in order to comply with | 5 | | this subsection. On and after
January 1, 2001, any taxes for | 6 | | any year
remaining due or
forfeited against real property in | 7 | | such county not entered on the current
collector's
warrant | 8 | | books shall be deemed uncollectible and void,
but
shall not be | 9 | | subject to the posting or other requirements of Sections | 10 | | 20-180
through 20-190.
| 11 | | (d) In counties with 100,000 or more inhabitants, the | 12 | | county
clerk shall,
when making the annual collector's books, | 13 | | in a suitable column, insert and
designate previous | 14 | | forfeitures of general taxes by the word "forfeiture", to be
| 15 | | stamped opposite each property forfeited at the last previous | 16 | | tax sale for
general taxes and not redeemed or purchased | 17 | | previous to the completion of the
collector's books. The | 18 | | collectors of general taxes shall stamp upon all bills
| 19 | | rendered and receipts given the information on the collector's | 20 | | books regarding
forfeiture of general taxes, and the stamped | 21 | | notation shall also refer the
recipient to the county clerk | 22 | | for full information. The county clerk shall be
allowed to | 23 | | collect from the person requesting an estimate of costs of
| 24 | | redemption of a forfeited property, the fee provided by law.
| 25 | | (Source: P.A. 91-668, eff. 12-22-99.)
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| 1 | | (35 ILCS 200/21-15)
| 2 | | Sec. 21-15. General tax due dates; default by mortgage | 3 | | lender. Except as otherwise provided in this Section or | 4 | | Section 21-40, all property
upon which the first installment | 5 | | of taxes remains unpaid on the later of (i) June 1 or (ii) the | 6 | | day after the date specified on the real estate tax bill as the | 7 | | first installment due date annually
shall be deemed delinquent | 8 | | and shall bear interest after that date . If the property is | 9 | | located in a county with fewer than 3,000,000 inhabitants, | 10 | | then the unpaid taxes shall bear interest at the rate of
1 1/2% | 11 | | per month or portion thereof. If the property is located in a | 12 | | county with 3,000,000 or more inhabitants, then the unpaid | 13 | | taxes shall bear interest at the rate of: (i)
1.5% per month, | 14 | | or portion thereof, if the unpaid taxes are for a tax year | 15 | | prior to 2023; or (ii) 0.75% per month, or portion thereof, if | 16 | | the unpaid taxes are for tax year 2023 or thereafter. Except as | 17 | | otherwise provided in this
Section or Section 21-40, all | 18 | | property upon which the second installment of
taxes remains | 19 | | due and unpaid on the later of (i) September 1 or (ii) the day | 20 | | after the date specified on the real estate tax bill as the | 21 | | second installment due date, annually, shall be deemed
| 22 | | delinquent and shall bear interest after that date at the same | 23 | | interest rate.
Notwithstanding any other provision of law, if | 24 | | a taxpayer owes an arrearage of taxes due to an administrative | 25 | | error, and if the county collector sends a separate bill for | 26 | | that arrearage as provided in Section 14-41, then any part of |
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| 1 | | the arrearage of taxes that remains unpaid on the day after the | 2 | | due date specified on that tax bill
shall be deemed delinquent | 3 | | and shall bear interest after that date at the rate of
1 1/2% | 4 | | per month or portion thereof. All interest collected shall be | 5 | | paid into the general fund of the county.
Payment received by | 6 | | mail and postmarked on or before the required due date is
not | 7 | | delinquent.
| 8 | | Property not subject to the interest charge in Section | 9 | | 9-260 or Section
9-265 shall also not
be subject to the | 10 | | interest charge imposed by this Section until such time as
the | 11 | | owner of the property receives actual notice of and is billed | 12 | | for the
principal amount of back taxes due and owing.
| 13 | | If an Illinois resident who is a member of the Illinois | 14 | | National Guard
or a reserve component of the armed forces of | 15 | | the United States
and who has
an ownership interest in | 16 | | property taxed under this Act is called to active duty
for | 17 | | deployment outside the continental United States
and
is on | 18 | | active duty on the due date of any installment of taxes due | 19 | | under
this Act, he or she shall not be deemed delinquent in the | 20 | | payment of the
installment and no interest shall accrue or be | 21 | | charged as a penalty on the
installment until 180 days after | 22 | | that member returns from active duty. To be deemed not | 23 | | delinquent in the payment of an installment of taxes and any
| 24 | | interest
on that installment, the reservist or guardsperson | 25 | | must make a reasonable effort to notify the county clerk and | 26 | | the county collector of his or her activation to active duty |
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| 1 | | and must notify the county clerk and the county collector
| 2 | | within 180
days after his or her deactivation and provide | 3 | | verification of the date of his
or her
deactivation. An | 4 | | installment of property taxes on the property of any reservist
| 5 | | or
guardsperson who fails to provide timely notice and | 6 | | verification of
deactivation to the
county clerk is subject to | 7 | | interest and penalties as delinquent taxes under
this Code | 8 | | from
the date of deactivation.
| 9 | | Notwithstanding any other provision of law, when any | 10 | | unpaid taxes become
delinquent under this Section through the | 11 | | fault of the mortgage lender,
(i) the
interest assessed under | 12 | | this Section for delinquent taxes shall be charged
against the | 13 | | mortgage lender and not the mortgagor and (ii) the mortgage
| 14 | | lender shall pay the taxes, redeem the property and take all | 15 | | necessary steps to
remove any liens accruing against the | 16 | | property because of the delinquency.
In the event that more | 17 | | than
one entity meets the definition of mortgage lender with | 18 | | respect to any
mortgage, the interest shall be assessed | 19 | | against the mortgage lender
responsible for servicing the | 20 | | mortgage. Unpaid taxes shall be deemed
delinquent through the | 21 | | fault of the mortgage lender only if: (a) the
mortgage
lender | 22 | | has received all payments due the mortgage lender for the | 23 | | property being
taxed under the written terms of the mortgage | 24 | | or promissory note secured by
the mortgage, (b) the mortgage | 25 | | lender holds funds in escrow to pay the taxes,
and (c) the | 26 | | funds are sufficient to pay the taxes
after deducting all |
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| 1 | | amounts reasonably anticipated to become due for all hazard
| 2 | | insurance premiums and mortgage insurance premiums and any | 3 | | other assessments to
be paid from the escrow under the terms of | 4 | | the mortgage. For purposes of this
Section, an
amount
is | 5 | | reasonably anticipated to become due if it is payable within | 6 | | 12 months from
the time of determining the sufficiency of | 7 | | funds held in escrow. Unpaid taxes
shall not be deemed | 8 | | delinquent through the fault of the mortgage lender if the
| 9 | | mortgage lender was directed in writing by the mortgagor not | 10 | | to pay the
property taxes, or
if the failure to pay the taxes | 11 | | when due resulted from inadequate or inaccurate
parcel | 12 | | information provided by the mortgagor, a title or abstract | 13 | | company, or
by the agency or unit of government assessing the | 14 | | tax.
| 15 | | (Source: P.A. 97-944, eff. 8-10-12; 98-286, eff. 1-1-14.)
| 16 | | (35 ILCS 200/21-25)
| 17 | | Sec. 21-25. Due dates; accelerated billing in counties of | 18 | | 3,000,000 or more.
Except as hereinafter provided and as | 19 | | provided in Section 21-40, in
counties with 3,000,000 or more | 20 | | inhabitants
in which the accelerated method of billing and | 21 | | paying taxes provided for in
Section 21-30 is in effect, the | 22 | | estimated first installment of unpaid taxes
shall be deemed | 23 | | delinquent and shall bear interest after March 1 at the rate of
| 24 | | (i) 1 1/2% per month or portion thereof if the unpaid taxes are | 25 | | for a tax year prior to 2023 or (ii) 0.75% per month or portion |
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| 1 | | thereof if the unpaid taxes are for tax year 2023 or a | 2 | | subsequent tax year until paid or forfeited. For tax year | 3 | | 2010, the estimated first installment of unpaid taxes shall be | 4 | | deemed delinquent and shall bear interest after April 1 at the | 5 | | rate of 1.5% per month or portion thereof until paid or | 6 | | forfeited. For tax year 2022, the estimated first installment | 7 | | of unpaid taxes shall be deemed delinquent and shall bear | 8 | | interest after April 1, 2023 at the rate of 1.5% per month or | 9 | | portion thereof until paid or forfeited. For all tax years, | 10 | | the second
installment of unpaid taxes shall be deemed | 11 | | delinquent and shall bear interest
after August 1 annually at | 12 | | the same interest rate until paid or forfeited.
| 13 | | Notwithstanding any other provision of law, if a taxpayer owes | 14 | | an arrearage of taxes due to an administrative error, and if | 15 | | the county collector sends a separate bill for that arrearage | 16 | | as provided in Section 14-41, then any part of the arrearage of | 17 | | taxes that remains unpaid on the day after the due date | 18 | | specified on that tax bill
shall be deemed delinquent and | 19 | | shall bear interest after that date at the rate of
(i) 1 1/2% | 20 | | per month or portion thereof if the unpaid taxes are for a tax | 21 | | year prior to 2023 or (ii) 0.75% per month or portion thereof | 22 | | if the unpaid taxes are for tax year 2023 or a subsequent tax | 23 | | year .
| 24 | | If the county board elects by ordinance adopted prior to | 25 | | July 1 of a levy
year to provide for taxes to be paid in 4 | 26 | | installments, each installment for
that levy year and each |
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| 1 | | subsequent year shall be deemed delinquent and shall
begin to | 2 | | bear interest 30 days after the date specified by the | 3 | | ordinance for
mailing bills , at the rate of 1 1/2% per month or | 4 | | portion thereof, until paid
or forfeited.
If the unpaid taxes | 5 | | are for a tax year prior to 2023, then interest shall accrue at | 6 | | the rate of 1.5% per month or portion thereof until paid or | 7 | | forfeited. If the unpaid taxes are for tax year 2023 or a | 8 | | subsequent tax year, then interest shall accrue at the rate of | 9 | | 0.75% per month or portion thereof until paid or forfeited.
| 10 | | Payment received by mail and postmarked on or before the | 11 | | required due date
is not delinquent.
| 12 | | Taxes levied on homestead property in which a member of | 13 | | the National Guard or
reserves of the armed forces of the | 14 | | United States who was called to active duty
on or after August | 15 | | 1, 1990, and who has an ownership interest, shall not be
deemed | 16 | | delinquent and no interest shall accrue or be charged as a | 17 | | penalty on
such taxes due and payable in 1991 or 1992 until one | 18 | | year after that member
returns to civilian status.
| 19 | | If an Illinois resident who is a member of the Illinois | 20 | | National Guard
or a reserve component of the armed forces of | 21 | | the United States
and who has an ownership interest in | 22 | | property taxed under this Act is
called to
active duty
for | 23 | | deployment outside the continental United States
and
is on | 24 | | active duty on the due date of any installment of taxes due | 25 | | under
this Act, he or she shall not be deemed delinquent in the | 26 | | payment of the
installment and no interest shall accrue or be |
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| 1 | | charged as a penalty on the
installment until 180 days after | 2 | | that member returns to
civilian
status.
To be deemed not | 3 | | delinquent in the payment of an installment of taxes and any
| 4 | | interest
on that installment, the reservist or guardsperson | 5 | | must make a reasonable effort to notify the county clerk and | 6 | | the county collector of his or her activation to active duty | 7 | | and must notify the county clerk and the county collector
| 8 | | within 180
days after his or her deactivation and provide | 9 | | verification of the date of his
or her
deactivation. An | 10 | | installment of property taxes on the property of any reservist
| 11 | | or
guardsperson who fails to provide timely notice and | 12 | | verification of
deactivation to the
county clerk is subject to | 13 | | interest and penalties as delinquent taxes under
this Code | 14 | | from
the date of deactivation.
| 15 | | (Source: P.A. 102-1112, eff. 12-21-22.)
| 16 | | (35 ILCS 200/21-45)
| 17 | | Sec. 21-45. Failure to issue tax bill in prior year. In the | 18 | | event no tax
bill was issued as provided in Section 21-30, on | 19 | | any property in any previous
year for any reason, one tax bill | 20 | | shall be prepared and mailed by July 1 of the
year subsequent | 21 | | to the year in which no tax bill was issued, and taxes on that
| 22 | | property for that year only shall bear interest after the | 23 | | first day of August
of that year . If the taxes are for a tax | 24 | | year prior to tax year 2023, then interest shall accrue at the | 25 | | rate of 1 1/2% per month or portion thereof until paid or
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| 1 | | forfeited. If the taxes are for the 2023 tax year or a | 2 | | subsequent tax year, then interest shall accrue at the rate of | 3 | | 0.75% per month or portion thereof until paid or
forfeited.
| 4 | | (Source: P.A. 87-17; 88-455.)
| 5 | | (35 ILCS 200/21-355)
| 6 | | Sec. 21-355. Amount of redemption. Any person desiring to | 7 | | redeem shall
deposit an amount specified in this Section with | 8 | | the county clerk of the
county in which the property is | 9 | | situated,
in legal money of the United States, or by cashier's | 10 | | check, certified check,
post office money order or money order | 11 | | issued by a financial institution
insured by an agency or | 12 | | instrumentality of the United States, payable to the
county | 13 | | clerk of the proper county. The deposit shall be deemed timely | 14 | | only
if actually received in person at the county clerk's | 15 | | office prior to the close
of business as defined in Section | 16 | | 3-2007 of the Counties Code on or before the
expiration of the | 17 | | period of redemption or by United
States mail with a post | 18 | | office cancellation mark dated not less than one day
prior to | 19 | | the expiration of the period of redemption. The deposit shall
| 20 | | be
in an amount equal to the total of the
following:
| 21 | | (a) the certificate amount, which shall include all | 22 | | tax principal,
special assessments, interest and penalties | 23 | | paid by the tax purchaser together
with costs and fees of | 24 | | sale and fees paid under Sections 21-295 and 21-315
| 25 | | through 21-335, except for the nonrefundable $80 fee paid, |
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| 1 | | pursuant to Section 21-295, for each item purchased at the | 2 | | tax sale;
| 3 | | (b) the accrued penalty, computed through the date of | 4 | | redemption as a
percentage of the certificate amount, as | 5 | | follows:
| 6 | | (1) if the redemption occurs on or before the | 7 | | expiration of 6 months
from the date of sale, the | 8 | | certificate amount times the penalty bid at sale;
| 9 | | (2) if the redemption occurs after 6 months from | 10 | | the date of sale,
and on or before the expiration of 12 | 11 | | months from the date of sale, the
certificate amount | 12 | | times 2 times the penalty bid at sale;
| 13 | | (3) if the redemption occurs after 12 months from | 14 | | the date of sale
and on or before the expiration of 18 | 15 | | months from the date of sale, the
certificate amount | 16 | | times 3 times the penalty bid at sale;
| 17 | | (4) if the redemption occurs after 18 months from | 18 | | the date
of sale and on or before the expiration of 24 | 19 | | months from the date of sale,
the certificate amount | 20 | | times 4 times the penalty bid at sale;
| 21 | | (5) if the redemption occurs after 24 months from | 22 | | the date of sale
and on or before the expiration of 30 | 23 | | months from the date of sale, the
certificate amount | 24 | | times 5 times the penalty bid at sale;
| 25 | | (6) if the redemption occurs after 30 months from | 26 | | the date of sale
and on or before the expiration of 36 |
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| 1 | | months from the date of sale, the
certificate amount | 2 | | times 6 times the penalty bid at sale.
| 3 | | In the event that the property to be redeemed has | 4 | | been purchased
under Section 21-405, the penalty bid | 5 | | shall be 12% per penalty
period as set forth in | 6 | | subparagraphs (1) through (6) of this subsection (b).
| 7 | | The changes to this subdivision (b)(6) made by this | 8 | | amendatory Act of the
91st General Assembly are not a | 9 | | new enactment, but declaratory of existing
law.
| 10 | | (c) The total of all taxes, special assessments, | 11 | | accrued interest on those
taxes and special assessments | 12 | | and costs charged in connection with the payment
of those | 13 | | taxes or special assessments, except for the nonrefundable | 14 | | $80 fee paid, pursuant to Section 21-295, for each item | 15 | | purchased at the tax sale, which have been paid by the tax
| 16 | | certificate holder on or after the date those taxes or | 17 | | special assessments
became delinquent together with 12% | 18 | | penalty on each amount so paid for each
year or portion | 19 | | thereof intervening between the date of that payment and | 20 | | the
date of redemption.
In counties with less than | 21 | | 3,000,000 inhabitants, however, a tax certificate
holder | 22 | | may not pay
all or part of an installment of a subsequent | 23 | | tax or special assessment for any
year, nor shall any
| 24 | | tender of such a payment be accepted, until after the | 25 | | second or final
installment
of the subsequent tax or | 26 | | special assessment has become delinquent
or until after |
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| 1 | | the
holder of the certificate of purchase has filed a | 2 | | petition for a tax deed under
Section 22.30.
The person
| 3 | | redeeming shall also pay the amount of interest charged on | 4 | | the subsequent tax
or special assessment and paid as a | 5 | | penalty by the tax certificate holder.
This amendatory Act | 6 | | of
1995 applies to tax years beginning with the 1995 | 7 | | taxes, payable in 1996, and
thereafter.
| 8 | | (d) For a tax year prior to tax year 2023, any Any | 9 | | amount paid to redeem a forfeiture occurring subsequent to | 10 | | the
tax sale together with 12% penalty thereon for each | 11 | | year or portion thereof
intervening between the date of | 12 | | the forfeiture redemption and the date of
redemption from | 13 | | the sale. For tax year 2023 or any tax year thereafter, any | 14 | | amount paid to redeem a forfeiture occurring subsequent to | 15 | | the
tax sale together with 0.75% penalty thereon for each | 16 | | month or portion thereof
intervening between the date of | 17 | | the forfeiture redemption and the date of
redemption from | 18 | | the sale.
| 19 | | (e) Any amount paid by the certificate holder for | 20 | | redemption of a
subsequently occurring tax sale.
| 21 | | (f) All fees paid to the county clerk under Section | 22 | | 22-5.
| 23 | | (g) All fees paid to the registrar of titles incident | 24 | | to registering
the tax certificate in compliance with the | 25 | | Registered Titles (Torrens) Act.
| 26 | | (h) All fees paid to the circuit clerk and the |
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| 1 | | sheriff, a licensed or registered private detective, or | 2 | | the
coroner in connection with the filing of the petition | 3 | | for tax deed and
service of notices under Sections 22-15 | 4 | | through 22-30 and 22-40 in addition to
(1) a fee of $35 if | 5 | | a petition for tax deed has been filed, which fee shall
be | 6 | | posted to the tax judgement, sale, redemption, and | 7 | | forfeiture record, to be
paid to the purchaser or his or | 8 | | her assignee; (2) a fee of $4 if a notice under
Section | 9 | | 22-5 has been filed, which fee shall be posted
to the tax | 10 | | judgment, sale, redemption, and forfeiture record, to be | 11 | | paid to
the purchaser or his or her assignee; (3) all costs | 12 | | paid to record a
lis pendens notice in connection with | 13 | | filing a petition under this Code; and (4) if a petition | 14 | | for tax deed has been filed, all fees up to $150 per | 15 | | redemption paid to a registered or licensed title | 16 | | insurance company or title insurance agent for a title | 17 | | search to identify all owners, parties interested, and | 18 | | occupants of the property, to be paid to the purchaser or | 19 | | his or her assignee.
The fees in (1) and (2) of this | 20 | | paragraph (h) shall be exempt from the posting
| 21 | | requirements of Section 21-360. The costs incurred in | 22 | | causing notices to be served by a licensed or registered | 23 | | private detective under Section 22-15, may not exceed the | 24 | | amount that the sheriff would be authorized by law to | 25 | | charge if those notices had been served by the sheriff.
| 26 | | (i) All fees paid for publication of notice of the tax |
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| 1 | | sale in
accordance with Section 22-20.
| 2 | | (j) All sums paid to any county, city, village or | 3 | | incorporated town for
reimbursement under Section 22-35.
| 4 | | (k) All costs and expenses of receivership under | 5 | | Section 21-410, to the
extent that these costs and | 6 | | expenses exceed any income from the property in
question, | 7 | | if the costs and expenditures have been approved by the | 8 | | court
appointing the receiver and a certified copy of the | 9 | | order or approval is filed
and posted by the certificate | 10 | | holder with the county clerk. Only actual costs
expended | 11 | | may be posted on the tax judgment, sale, redemption and | 12 | | forfeiture
record.
| 13 | | (Source: P.A. 101-659, eff. 3-23-21.)
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