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Illinois Compiled Statutes
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REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/Art. 20
(35 ILCS 200/Art. 20 heading)
Article 20.
Tax Collection Process
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35 ILCS 200/Art. 20 Div. 1
(35 ILCS 200/Art. 20 Div. 1 heading)
Division 1.
Billing procedures
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35 ILCS 200/20-5
(35 ILCS 200/20-5)
Sec. 20-5. Mailing or e-mailing tax bill to owner. (a) Every township collector, and every
county collector in cases where there is no township collector, upon receiving
the tax book or books, shall prepare tax bills showing each installment of
property taxes assessed, which shall be filled out in accordance with Section
20-40. A copy of the bill shall be mailed by the collector, at least 30 days
prior to the date upon which unpaid taxes become delinquent, to the owner of
the property taxed or to the person in whose name the property is taxed. (b) The collector may send the bill via e-mail as provided in subsection (b) of Section 20-20. However, no bill shall be sent to a property owner or taxpayer via e-mail unless that owner or taxpayer shall have first made such a request to the collector in writing.
(Source: P.A. 98-628, eff. 1-1-15 .)
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35 ILCS 200/20-10
(35 ILCS 200/20-10)
Sec. 20-10.
Mailing to mortgage lender.
When the copy of the tax bill is
mailed by the collector to the owner or person at or in care of the address of
a mortgage lender, the mortgage lender, within 15 days of receiving the copy,
shall furnish and mail an additional copy of the bill to each mortgagor of the
property at his or her last known address as shown on the records of the
mortgage lender. However, if the property referred to in the copy is situated
in a county which uses the estimated or accelerated billing methods, only an
additional copy of the bill for the final installment of taxes due with respect
to the real property shall be furnished and mailed by the mortgage lender to
the mortgagor. A copy may be used by the collector in receipting for the tax
paid, and a copy or record shall be retained by the collector.
(Source: P.A. 86-957; 87-818; 88-455.)
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35 ILCS 200/20-12
(35 ILCS 200/20-12)
Sec. 20-12.
Duplicate copies of tax bills.
The collector, upon approval
by
the county board, shall assess a fee of up to $5
for each duplicate tax bill provided to any mortgage lender as defined in
Section 1-90 who is not the property
owner of record.
All amounts collected under this Section shall be deposited into the
Tax Sale Automation Fund established in Section 21-245 of this Code.
(Source: P.A. 91-551, eff. 8-14-99.)
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35 ILCS 200/20-15 (35 ILCS 200/20-15)
(Text of Section before amendment by P.A. 103-592 )
Sec. 20-15. Information on bill or separate statement. There shall be
printed on each bill, or on a separate slip which shall be mailed with the
bill:
(a) a statement itemizing the rate at which taxes | | have been extended for each of the taxing districts in the county in whose district the property is located, and in those counties utilizing electronic data processing equipment the dollar amount of tax due from the person assessed allocable to each of those taxing districts, including a separate statement of the dollar amount of tax due which is allocable to a tax levied under the Illinois Local Library Act or to any other tax levied by a municipality or township for public library purposes,
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(b) a separate statement for each of the taxing
| | districts of the dollar amount of tax due which is allocable to a tax levied under the Illinois Pension Code or to any other tax levied by a municipality or township for public pension or retirement purposes,
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(b-5) a list of each tax increment financing (TIF)
| | district in which the property is located and the dollar amount of tax due that is allocable to the TIF district,
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| (c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
| | allocable to each taxing district differs from the taxpayer's last prior tax bill.
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The county treasurer shall ensure that only those taxing districts in
which a parcel of property is located shall be listed on the bill for that
property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
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(2) the assessment of the property,
(3) the statutory amount of each homestead exemption
| | (4) the assessed value of the property after
| | application of all homestead exemptions,
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| (5) the equalization factors imposed by the county
| | and by the Department, and
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(6) the equalized assessment resulting from the
| | application of the equalization factors to the basic assessment.
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In all counties which do not classify property for purposes of taxation, for
property on which a single family residence is situated the statement shall
also include a statement to reflect the fair cash value determined for the
property. In all counties which classify property for purposes of taxation in
accordance with Section 4 of Article IX of the Illinois Constitution, for
parcels of residential property in the lowest assessment classification the
statement shall also include a statement to reflect the fair cash value
determined for the property.
In all counties, the statement must include information that certain
taxpayers may be eligible for tax exemptions, abatements, and other assistance programs and that, for more information, taxpayers should consult with the office of their township or county assessor and with the Illinois Department of Revenue.
In counties which use the estimated or accelerated billing methods, these
statements shall only be provided with the final installment of taxes due. The
provisions of this Section create a mandatory statutory duty. They are not
merely directory or discretionary. The failure or neglect of the collector to
mail the bill, or the failure of the taxpayer to receive the bill, shall not
affect the validity of any tax, or the liability for the payment of any tax.
(Source: P.A. 100-621, eff. 7-20-18; 101-134, eff. 7-26-19.)
(Text of Section after amendment by P.A. 103-592 )
Sec. 20-15. Information on bill or separate statement. There shall be printed on each bill, or on a separate slip which shall be mailed with the bill:
(a) a statement itemizing the rate at which taxes
| | have been extended for each of the taxing districts in the county in whose district the property is located, and in those counties utilizing electronic data processing equipment the dollar amount of tax due from the person assessed allocable to each of those taxing districts, including a separate statement of the dollar amount of tax due which is allocable to a tax levied under the Illinois Local Library Act or to any other tax levied by a municipality or township for public library purposes,
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| (b) a separate statement for each of the taxing
| | districts of the dollar amount of tax due which is allocable to a tax levied under the Illinois Pension Code or to any other tax levied by a municipality or township for public pension or retirement purposes,
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| (b-5) a list of each tax increment financing (TIF)
| | district in which the property is located and the dollar amount of tax due that is allocable to the TIF district,
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| (c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
| | allocable to each taxing district differs from the taxpayer's last prior tax bill.
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| The county treasurer shall ensure that only those taxing districts in which a parcel of property is located shall be listed on the bill for that property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
| | (2) the assessment of the property,
(3) the statutory amount of each homestead exemption
| | (4) the assessed value of the property after
| | application of all homestead exemptions,
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| (5) the equalization factors imposed by the county
| | and by the Department, and
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| (6) the equalized assessment resulting from the
| | application of the equalization factors to the basic assessment.
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| In all counties which do not classify property for purposes of taxation, for property on which a single family residence is situated the statement shall also include a statement to reflect the fair cash value determined for the property. In all counties which classify property for purposes of taxation in accordance with Section 4 of Article IX of the Illinois Constitution, for parcels of residential property in the lowest assessment classification the statement shall also include a statement to reflect the fair cash value determined for the property.
In all counties, the statement must include information that certain taxpayers may be eligible for tax exemptions, abatements, and other assistance programs and that, for more information, taxpayers should consult with the office of their township or county assessor and with the Department of Revenue. For bills mailed on or after January 1, 2026, the statement must include, in bold face type, a list of exemptions available to taxpayers and contact information for the chief county assessment officer.
In counties which use the estimated or accelerated billing methods, these statements shall only be provided with the final installment of taxes due. The provisions of this Section create a mandatory statutory duty. They are not merely directory or discretionary. The failure or neglect of the collector to mail the bill, or the failure of the taxpayer to receive the bill, shall not affect the validity of any tax, or the liability for the payment of any tax.
(Source: P.A. 103-592, eff. 1-1-25.)
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35 ILCS 200/20-20
(35 ILCS 200/20-20)
Sec. 20-20. Changes in address for mailing tax bill. (a) To insure that a person
requesting a change of the address to which a property tax bill is sent has a
legal interest in the property or authority to act on behalf of the owner of
the property, the county collector in every county with less than 3,000,000
inhabitants or less shall establish and enforce a procedure for requiring
identification or certification of the identity of taxpayers who request a
change in the address to which their tax bill is mailed. No change of address
shall be implemented unless the person requesting the change is the owner of
the property, a trustee or a person holding the power of attorney from the
owner or trustee of the property. However, if a property owner conveys a permanent change of address in writing to the United States Postal Service, then, on or after the effective date of that change of address, the county collector may mail a property tax bill to the property owner at his or her new address regardless of whether or not the owner notifies the collector of the address change.
(b) As an alternative to mailing a copy of the bill, the collector may send the tax bill via e-mail at the request of the taxpayer, subject to the provisions of subsection (b) of Section 20-5 of this Act. If the taxpayer makes such a request, then the taxpayer shall notify the collector of any change in his or her e-mail address as soon as possible after the address is changed. (Source: P.A. 97-1084, eff. 8-24-12; 98-628, eff. 1-1-15 .)
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35 ILCS 200/Art. 20 Div. 2
(35 ILCS 200/Art. 20 Div. 2 heading)
Division 2.
Payment and handling of funds
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35 ILCS 200/20-25
(35 ILCS 200/20-25)
Sec. 20-25. Forms of payment. (a) Taxes levied by taxing districts may be
satisfied by payment in legal money of the United States, cashier's check,
certified check, post office money order, bank money order issued by a national
or state bank that is insured by the Federal Deposit Insurance Corporation, or
by a personal or corporate check drawn on such a bank, to the respective
collection officers who are entitled by law to receive the tax payments or by
credit card in accordance with the Local Governmental Acceptance of Credit
Cards Act. A
county collector may refuse to accept a personal or corporate check within 45 days before a
tax sale or at any time if a previous payment by the same payer was returned by a bank for any reason.
(b) Beginning on January 1, 2012, subject to compliance with all applicable purchasing requirements, a county with a population of
more than 3,000,000 is required to accept payment by credit card for each installment of property taxes; provided that all service charges or fees, as determined by the county, associated with the processing or accepting of a credit card payment by the county shall be paid by the taxpayer. If a taxpayer elects to make a property tax payment by credit card and a service charge or fee is imposed, the payment of that service charge or fee shall be deemed voluntary by the taxpayer and shall not be refundable. Nothing in this subsection requires a county with a population of more than 3,000,000 to accept payment by credit card for the payment on any installment of taxes that is delinquent under Section 21-10, 21-25, or 21-30 of the Property Tax Code or for the purposes of any tax sale or scavenger sale under Division 3.5, 4, or 5 of Article 21 of the Property Tax Code.
A county that accepts payment of property taxes by credit card in accordance with the terms of this subsection shall not incur liability for or associated with the collection of a property tax payment by credit card. The public hearing requirement of subsection (a) of Section 20 of the Local Governmental Acceptance of Credit Cards Act shall not apply to this subsection. This subsection is a limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(Source: P.A. 96-1248, eff. 7-23-10; 96-1250, eff. 7-23-10; 97-333, eff. 8-12-11.)
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35 ILCS 200/20-27 (35 ILCS 200/20-27) Sec. 20-27. Reimbursement of tax proceeds for annexed property. Notwithstanding any other provision of law, beginning in taxable year 2010, if property is annexed to a municipality under Section 7-1-13 of the Illinois Municipal Code at any time during the taxable year, any taxpayer who is liable for paying property taxes on the property during the taxable year may apply to the municipality for a refund of the amount of property taxes (i) paid by the taxpayer, (ii) distributed to the municipality, and (ii) attributable to the annexed property for the portion of the taxable year during which the property was not included in the municipality. The municipality shall refund those amounts to the taxpayer within 60 days after the application is received. A home rule unit may not regulate the collection or distribution of tax proceeds in a manner inconsistent with this Section. This
subsection is a limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 96-1351, eff. 7-28-10.) |
35 ILCS 200/20-30
(35 ILCS 200/20-30)
Sec. 20-30.
Designation of depository for township collector.
When
requested by the township collector, the township board of trustees or, where
the powers and duties of that board have been succeeded to by some other
governing body, then that governing body, shall designate one or more banks or
savings and loan associations in which the funds received by the township
collector, by virtue of the office, may be deposited. Once a bank or savings
and loan association has been designated it shall continue as a designated
depository until 10 days after a new depository is designated and qualified
under this Section. When a new depository is designated, the township board of
trustees or other governing body shall notify the sureties of the township
collector of that fact, in writing, at least 5 days before the transfer of
funds. The township collector is discharged from responsibility for all funds
deposited in the bank or savings and loan association while those funds are so
deposited.
No bank or savings and loan association shall receive public funds under this
Section, unless it has complied with the requirements of Section 6 of the
Public Funds Investment Act.
(Source: P.A. 83-541; 88-455.)
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35 ILCS 200/20-35
(35 ILCS 200/20-35)
Sec. 20-35.
Investments by county collector.
The county collector shall, as
provided in Section 2 of the Public Funds Investment Act, invest and reinvest
the proceeds of the lesser of any taxes paid under protest or funds withheld
from distribution and held in a Protest Fund, as provided in Section 23-20.
The investments shall be obligations of the United States Government maturing
not more than 91 days after the date of purchase, or savings accounts,
including certificates of deposit, investment certificates or time deposit open
accounts, in banks or savings and loan associations insured by the United
States or other federal agency. Investments made in obligations of the United
States Government shall be at then existing market price and in any event not
to exceed par plus accrued interest. The cost price of the obligations and all
savings accounts in banks or savings and loan associations
shall be considered as cash in the custody of the county collector. All
earnings accruing on any Protest Fund investment or bank or savings
and loan association savings account in excess of those amounts paid as
interest on moneys refunded to taxpayers shall be credited to and paid into
the county corporate fund, except as provided in Section 23-20.
No bank or savings and loan association shall receive public funds under this
Section unless it has complied with Section 6 of the Public Funds Investment
Act.
After the effective date of this amendatory Act of 1997, no additional
funds
shall be deposited into a Protest Fund, other than interest on investments of
funds that were deposited into a Protest Fund prior to this amendatory Act of
1997.
(Source: P.A. 90-556, eff. 12-12-97.)
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35 ILCS 200/20-40
(35 ILCS 200/20-40)
Sec. 20-40.
Record of tax payments.
When any person pays the taxes charged
on any property, the collector shall enter the payment in his or her book,
specifying by whom paid (if other than the assessee and if so requested), the
amount paid, what year paid for, and the property and value thereof on which
the same was paid, according to its description in the collector's books, and
in case the tax was paid under protest, also that the tax was so paid. The
entry and any receipt, if given, shall bear the genuine or facsimile signature
or printed name of the collector or deputy receiving the payment. Evidence of
payment shall consist of the taxpayer's cancelled check or money order and the
receipt, where they exist, together with the entry in the collector's books.
The collector or deputy shall be required to issue a receipt to a taxpayer only
if (a) the taxpayer makes a payment in cash, or (b) the taxpayer requests a
receipt as evidence of payment. If a taxpayer requests a receipt, the
collector or deputy shall mail the receipt to the taxpayer. The collector shall
enter, opposite each property, the name and post office address of the person
paying the tax if that person is other than the assessee and has requested a
receipt specifying by whom the tax was paid.
(Source: P.A. 82-1028; 88-455.)
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35 ILCS 200/20-45
(35 ILCS 200/20-45)
Sec. 20-45.
Receipts.
On the application of any person to pay any tax or
delinquent special assessment, previously filed with the county collector, upon
any property, the county collector shall make out to the person a receipt in
which shall be noted all taxes and assessments upon the property returned to
the collector and not previously paid.
(Source: Laws 1967, p. 1977; P.A. 88-455.)
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35 ILCS 200/20-50
(35 ILCS 200/20-50)
Sec. 20-50.
Payment to taxing districts by township collectors; intermediate settlements.
(a) Township collectors shall, every 30 days, when required to do so by
the proper authorities of incorporated towns, cities, villages, and road and
school districts for which any tax is collected, render to those authorities a
statement of the amount of each kind of tax collected for the entity and the
amount paid under protest. At the same time, subject to Sections 3.1-35-60
through 3.1-35-80 of the Illinois Municipal Code, the collectors shall pay over
to the authorities the amount of all taxes shown to be collected, other than
those paid under protest. The payments shall be made as directed in the warrant
attached to the collector's books.
(b) Township collectors shall, every 30 days, render a similar account of
county taxes, to the county collector, and at the same time, the collectors
shall pay over the amount collected to the county collector.
(c) Each township collector shall make final settlement for all taxes
charged in the tax books at or before the time fixed in Section 20-55. In
making the settlements, the collectors shall be entitled to credit for the
amount uncollected on the tax books as determined by the settlement with the
county collector.
(d) The officer to whom any moneys are paid under this Section shall deliver
to the collector duplicate receipts for those payments.
(Source: P.A. 91-357, eff. 7-29-99.)
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35 ILCS 200/20-55
(35 ILCS 200/20-55)
Sec. 20-55.
Final settlements by township collectors.
Township collectors
shall return the tax books and make final settlement for the amount of taxes
placed in their hands for collection, within 60 days after receiving the tax
books, except the county collector may first notify, in writing, the several
township collectors upon what day, within 20 days after the expiration of 60
days from the day the tax books are received by the township collector, that
they shall appear at his or her office to make final settlement. Township
collectors in townships organized under the provisions of Article 15 of the
Township Code shall make a partial settlement with the
county collector of all taxes collected at the expiration of 60 days from the
day the tax books are received by the township collectors, but shall retain the
tax books until on or before the first day of September at which time they
shall make final settlement for the amount of taxes placed in their hands for
collection together with the amount of interest and penalties which may have
accrued thereon, which interest and penalties the township collector shall
collect, and return the tax books to the county collector. In the 10 years
following the completion of a general reassessment of property in any county
with 3,000,000 or more inhabitants, made under an order of the Department, the
return and settlement shall be made on or before the twenty-first day after the
day specified by the county clerk for the delivery of the books for the
collection of taxes to the collectors, but the county collector may first
notify in writing the several township collectors upon what day within 20 days
after the 21 day period they shall appear at his or her office to make final
settlement.
(Source: P.A. 88-455; 88-670, eff. 12-2-94.)
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35 ILCS 200/20-60
(35 ILCS 200/20-60)
Sec. 20-60.
Statement of taxes collected by township collector.
At the time
of making return to the county collector, each township collector shall make
out and deliver to the county collector a detailed statement, in writing, of
the amount of taxes paid under protest and the amount of taxes he or she has
been unable to collect on property, the same as in the tax books delivered to
him or her by the county clerk, and shall show the property index number, or
the number of the page of the tax book and the number of the line of the page
to identify the item that appears to be delinquent. When no taxes have been
paid on any one page on the collector's book, the page footings of the taxes on
such page may be copied into the statement. It is not necessary to give in the
statement the description of the delinquent property, nor the names of the
owners. The township collector shall add up the delinquent taxes in the
statement, and make a summary thereof, setting forth the aggregate amount of
tax and the total delinquent, in the same manner as in his or her warrant, and
shall make oath that the statement is true and correct. At the time of making
the final settlement the township collectors shall pay over to the county
collector all taxes paid to them under protest.
(Source: P.A. 83-121; 88-455.)
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35 ILCS 200/20-65
(35 ILCS 200/20-65)
Sec. 20-65.
Affidavit of collections.
Each township collector, at the time
of returning the tax books to the county collector, shall make affidavit, to be
entered upon the book and subscribed by the collector, that the taxes charged
against each property remain due and unpaid at the date of making the affidavit
in each case where there does not appear in the proper column the amount of
taxes as having been paid to the collector, and the date of payment and the
name of any person as having paid the same; which affidavit shall be prima
facie evidence of the facts therein stated.
(Source: P.A. 83-121; 88-455.)
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35 ILCS 200/20-70
(35 ILCS 200/20-70)
Sec. 20-70.
Credit for collections; township collector.
Upon the filing of
the tax book, the county collector shall allow the township collector credit
for the amount of taxes therein stated to be unpaid, and shall credit the same
to the funds for which the tax was charged. When the county collector makes
settlement with the county board, those statements shall be sufficient voucher
to entitle him or her to credit for the amount therein stated, less such
amount, if any, that may have been collected by him or her.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-75
(35 ILCS 200/20-75)
Sec. 20-75.
Satisfaction piece for township collector.
Upon the final
settlement of the amount of taxes directed to be collected by any collector, in
any township, the county collector shall, if requested, give to the township
collector, or any of his or her sureties, a satisfaction piece in writing. The
satisfaction piece may be recorded in the recorder's office, and when so
recorded shall operate as a discharge of the sureties and of the lien upon the
property of the collector, except as to all suits commenced upon the bond
within 3 years after the recording of the satisfaction piece.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-80
(35 ILCS 200/20-80)
Sec. 20-80.
Failure of township collector to make final settlement.
If the
township collector fails to appear and make final settlement, or pay over the
amount in his or her hands, when required in this Code, the county collector
shall forthwith cause the bond of the collector to be put in suit, and recovery
may be had thereon for the sum due, for all taxes and special assessments, plus
25% thereon as damages, with costs of suit.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/Art. 20 Div. 3
(35 ILCS 200/Art. 20 Div. 3 heading)
Division 3.
Procedures for county collectors
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35 ILCS 200/20-85
(35 ILCS 200/20-85)
Sec. 20-85.
Powers and duties of county collectors.
County collectors shall
have the same powers and may proceed in the same manner, for the collection of
any tax on property, as township collectors. If in any township the office of
township collector is or becomes vacant, and the vacancy is not filled on or
before the first day of May next following the vacancy, the county clerk shall
deliver all the collectors' books to the county collector of the county, having
annexed to each book a warrant under the signature and official seal of the
county clerk, commanding the county collector to collect from the persons named
in the books the sum of taxes charged opposite their names, except as otherwise
provided in Section 21-375. The county collector shall then collect and pay
over all taxes, assessments and other charges shown in the books, and do all
acts required by law as if the taxes, assessments and other charges had been
duly returned delinquent by a township collector. The collectors' books so
delivered to the county collector shall, for all purposes, in all subsequent
proceedings, be used in the same manner and have the same force and effect as
if the books were delivered to the township collectors, and returned by them,
as provided by law. In the 10 years next following the completion of a general
reassessment of property in any county with 3,000,000 or more inhabitants, made
under order of the Department, if for any reason the books have not been
delivered to the township collector within 5 days after the day specified by
the county clerk for that delivery, the county clerk shall deliver the books to
the county collector, and all provisions of this Section shall apply. When any
injunction restraining the collection of taxes is dissolved after the tax books
are returned to the county collector, the taxes or the portion thereof upon
which the injunction has been dissolved, shall be paid to the county collector,
who shall proceed as though collection of the taxes had never been enjoined.
(Source: P.A. 84-550; 88-455.)
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35 ILCS 200/20-90
(35 ILCS 200/20-90)
Sec. 20-90.
Tax proceeds of taxing districts; escrow accounts.
The county
collector shall deposit any amount of the tax proceeds of any taxing district,
in accordance with the authorization of that district, directly into a
designated escrow account established by the district to repay specific bonded,
note, lease or installment contract indebtedness. The ordinance or resolution
of the taxing district authorizing that disposition shall, within 10 days after
adoption by the governing authority of the taxing district, be delivered to the
county collector or county collectors in which the taxing district is situated.
(Source: P.A. 84-676; 88-455.)
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35 ILCS 200/20-95
(35 ILCS 200/20-95)
Sec. 20-95.
Continuation of county collector's powers after settlement.
The
power and duty to collect any tax due and unpaid shall continue in and devolve
upon the county collector and his or her successors in office, after his or her
return and final settlement, until the tax is paid. The warrant attached to the
collector's book shall continue in force and confer authority upon the
collector to whom the warrant was issued, and upon his or her successors in
office, to collect any tax due and uncollected thereon, although the books have
been returned, or the tax carried forward into any other book.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-100
(35 ILCS 200/20-100)
Sec. 20-100.
Collection of delinquent special assessments; counties of
3,000,000 or more. In counties with 3,000,000 or more inhabitants, when any
special assessment made by any city, incorporated town or village, under its
charter, or by any corporate authorities, commissioners or persons, pursuant to
law, remains unpaid in whole or in part, return thereof shall be made to the
county collector on or before the first day of August next after it became
payable, in the same manner as returns are made for delinquent property tax.
The subsequent advertisement, judgment and sale of property on account of
delinquent special assessments, as provided below, shall be considered
supplemental to but also a part of the sale of delinquent general taxes of the
year in which the judgment and sale on account of delinquent special
assessments is ordered. The penalties provided by law shall attach to both
general taxes and special assessments in the same manner as if there were only
one judgment and order of sale.
In cases where application for judgment and order of sale for special
assessments, special taxes, or installments thereof, and interest, may be made
under Section 21-155, notwithstanding that the special assessments, special
taxes, or installments, and interest, have not been returned as delinquent to
the county collector on or before the first day of August in the year in which
application is made, and notwithstanding that the assessments, taxes,
installments and interest, were not marked on the general tax books of the
county collector on or before the tenth day of March of the same year, or
within 15 days after the county collector received the general tax books in
that year, the advertisement, judgment and order of sale for delinquent special
assessments, special taxes, or installments thereof, and interest, need not be
subsequent to or regarded as supplemental to or as a part of the sale on
account of delinquent general taxes of the year in which such separate
advertisement, judgment and order of sale on account of delinquent special
assessments, special taxes, or installments thereof, and interest, is had.
However, the penalties provided by law shall attach to the special assessments,
special taxes, or installments thereof, and interest, in the same manner as if
there were only one judgment and order of sale. County collectors shall
collect, account for, and pay over the special assessments, special taxes, or
installments to the authorities or persons having authority to receive them, in
the same manner as they are required to collect, account for, and pay over
taxes.
Upon return of delinquent special assessments to the county collector, he or
she may transfer the amounts stated on the returns to the tax books, setting
down opposite the respective properties, in proper columns, the amounts
assessed against each property.
(Source: P.A. 76-2254; 88-455.)
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35 ILCS 200/20-105
(35 ILCS 200/20-105)
Sec. 20-105.
Demand for payment of special assessment when general tax
is paid; counties of 3,000,000 or more. In any county with 3,000,000 or more
inhabitants, when any special assessment is returned to the county collector on
a property on which the general taxes have been paid to the township collector,
or on which any special assessment which has been withdrawn at any previous
sale or sales is returned to the county collector, and the general taxes on the
property have been paid, the county collector shall demand payment of the
special assessment, or shall mail a demand notice to the owner, if the
place of residence is known. The certificate of a collector that a demand was
made or notice given shall be evidence thereof.
(Source: P.A. 76-2254; 88-455.)
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35 ILCS 200/20-110
(35 ILCS 200/20-110)
Sec. 20-110.
Prior year's taxes to be added to current taxes.
The amount due
for general taxes on property previously forfeited to the State or otherwise
remaining unpaid prior to the issuance of the collector's warrant, shall,
except as otherwise provided in Section 18-250, be added to the tax of the
current year; and the amount thereof shall be charged to the county collector
with the amount of taxes for the current year. The amount so charged shall be
placed on the tax books, and, except as otherwise provided in Section 21-375,
shall be collected and paid over in like manner as other taxes. The county
collector is authorized to advertise and sell the property in the manner
required by this Code, as if said property had never been forfeited to the
State. The county, city, village, incorporated town or school district may, by
their agent attend the sale for taxes and buy the property and acquire the same
rights that individuals now have under the law, and acquire, hold, sell and
dispose of title thereto, the same as and in the same manner as individuals may
do under the laws of this State, in case of sale for taxes. The additions and
sales shall be continued from year to year until the taxes on the property are
paid, by sale or otherwise.
(Source: Laws 1943, vol. 1, p. 1080; P.A. 88-455.)
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35 ILCS 200/20-115
(35 ILCS 200/20-115)
Sec. 20-115. Report of taxes collected; credits. The county collector shall,
on the first of every month, report to the county clerk, in writing, which may be transmitted electronically, the amount
of county tax received during the preceding month. The county collector shall
keep the account as collector of taxes separate from the account as county
treasurer. He or she shall credit the account as collector with the amount of
his or her monthly reports to the county clerk, and with the amount of
bankruptcies, removals, errors, forfeitures, and other credits allowed him or
her on settlement with the county board. As county treasurer, he or she shall
charge himself or herself with the amount shown in his or her monthly
report to the county clerk and such other amounts as may be received as county
treasurer. The county board may examine the account and vouchers at any time,
by committee or otherwise.
(Source: P.A. 94-412, eff. 8-2-05.)
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35 ILCS 200/20-120
(35 ILCS 200/20-120)
Sec. 20-120. Accounts for collector and treasurer. Each county clerk and county collector shall
keep, in written or electronic format, an account stating the amount
of county tax to be collected, and the county tax received by him or her
from sales and redemptions of forfeited property, and any other county funds
that shall come into the collector's hands. All persons paying money into the county treasury, for all
purposes except the county taxes, must deposit it with the treasurer. The treasurer shall give duplicate
receipts to the person paying, one to be
retained by the person paying and the other filed in the county treasurer's office.
(Source: P.A. 94-412, eff. 8-2-05.)
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35 ILCS 200/20-125
(35 ILCS 200/20-125)
Sec. 20-125.
Statement of taxes collected.
On or before July 10, after
settlement has been made with the township collectors and on or before October
10, the county collector shall make a sworn statement, showing the total
amounts of each kind of tax received by him or her from township collectors,
the total amount of each that he or she collected and the total amount of taxes
paid under protest for which the court has not fixed the correct amount. The
statement shall be filed in the office of the county clerk. However, in the 10
years following the completion of a general reassessment of property in any
county with 3,000,000 or more inhabitants, made under an order of the
Department, that statement shall be made within 30 days after the date upon
which property taxes or any installment thereof become delinquent.
The clerk shall immediately, on receipt of the statement, certify to the
proper authorities, the amount for which the collector is required to settle
with each of them.
The county collector shall annually, during the month of December, submit to
the Department an annual report showing the amount of taxes collected, the
amount protested, and the amount of taxes delinquent.
(Source: P.A. 83-121; 88-455.)
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35 ILCS 200/20-130 (35 ILCS 200/20-130) Sec. 20-130. Distribution of taxes in counties of less than 3,000,000; return of erroneous distribution. (a) All distributions of taxes collected by a county on behalf of taxing districts must be made by the county treasurer, in counties with less than 3,000,000 inhabitants, within 30 days after the due date and at 30 days intervals thereafter, unless the amount to be distributed is less than $5. The county treasurer shall distribute the taxes collected at the next 30-day interval if the taxes collected are $5 or more. If the tax collections for a taxing district are less than $5 for 3 consecutive 30-day intervals, the county treasurer shall automatically distribute the taxes collected to the unit of local government on the third 30-day interval. All interest earned by a county on behalf of taxing districts must be distributed by the county treasurer, in counties with less than 3,000,000 inhabitants, no later than the last distribution of taxes. The county treasurer shall determine the manner in which all distributions under this Section are to be made. The manner of distribution may include, but is not limited to, check or electronic funds transfer. (b) Notwithstanding any other law to the contrary, if a county makes an erroneous distribution of taxes collected and interest earned thereon, upon majority vote of the governing board of the taxing district that received the erroneous distribution, the taxing district shall return the funds to the county treasurer. (Source: P.A. 103-592, eff. 6-7-24.) |
35 ILCS 200/20-135
(35 ILCS 200/20-135)
Sec. 20-135.
Interest on amount collected in counties of less than
3,000,000. All taxing districts have a vested interest in interest earned by
the county collector on all collected but undistributed taxes due the taxing
district. The county collector shall maintain an account into which all tax
payments shall be deposited when they are available for investment, and from
which all interest distribution shall be made in accordance with the provisions
of this Section. Taxes collected in counties with a population of less than
3,000,000 shall be invested in accordance with the provisions of Section 1 of
the Public Funds Deposit Act. All interest earned on this account shall be
disbursed in accordance with the provisions of Section 20-130 to each district
which is entitled to receive the interest in the same proportionate ratio that
district shared in the distribution of principal taxes to all units of local
government.
On or before January 31st of each year the county collector shall file with
the Office of the County Clerk and with each taxing district which received
interest during the last year, a report identifying each of the receiving
taxing districts with the interest amounts paid to each for the entire
preceding year.
(Source: P.A. 84-1454; 88-455.)
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35 ILCS 200/20-140
(35 ILCS 200/20-140)
Sec. 20-140.
Payment due date for county collector.
Subject to the
provisions of the Public Funds Statement Publication Act and Sections 3.1-35-60
through 3.1-35-80 of the Illinois Municipal Code, the county collector in
counties with 3,000,000 or more inhabitants, shall on the first day of June and
the first day of every month thereafter pay over to the other proper
authorities or persons the amounts in his or her possession and payable to them
as taxes and not previously paid over. In counties with less than 3,000,000
inhabitants, the county collector shall (i) pay over to the other proper
authorities or persons, as provided in Section 20-130, the amounts in the
collector's hands and payable to them as taxes and (ii) together with the final
payment, pay over to the other proper authorities or persons the amounts in
the collector's hands and payable to them as interest and not previously paid
over. The county treasurer shall determine the manner in which all payments
required by a county collector under this Section are to be made. The manner
of payment may include, but is not limited to, check or electronic funds
transfer. Taxes collected in counties with less than 3,000,000 inhabitants
and
not distributed shall be invested in accordance with Section 1 of the Public
Funds Deposit Act.
(Source: P.A. 91-378, eff. 7-30-99.)
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35 ILCS 200/20-145
(35 ILCS 200/20-145)
Sec. 20-145.
Penalty for failure to make a timely distribution.
Any county
collector who wilfully fails to pay over the amount of taxes due and payable at
the time or times required by Section 20-140, shall be subject to a penalty at
the rate of 0.1% per day on the amount unpaid, from the time the
amount becomes due and payable until it is paid. The sureties on the official
bond of the collector shall be liable for the payment of the penalty. The
penalty may be recovered in a civil action against the collector and his or her
sureties, in the name of the People of the State of Illinois, in any court of
competent jurisdiction. The amount of the penalty, when recovered, shall be
paid (i) in counties with less than 3,000,000 inhabitants, to the proper
authorities for whom the tax was collected and (ii) in counties with 3,000,000
or more inhabitants, into the county treasury.
(Source: P.A. 87-1119; 88-455; incorporates 88-45; 88-670, eff. 12-2-94.)
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35 ILCS 200/20-150
(35 ILCS 200/20-150)
Sec. 20-150.
Payment on demand; collections on delinquent property.
The
county collector shall report and distribute the amount of taxes and special
assessments collected on delinquent property and due to taxing districts, at
least once every 10 days, when demanded by the proper authorities.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-155
(35 ILCS 200/20-155)
Sec. 20-155.
Failure to report and pay; suit on collector's bond.
If any
county collector fails to make the reports and payments required by this Code,
for 5 days after the time specified for that purpose, or after demand made
under Section 20-150, suit may be brought on the collector's
bond. Taxing districts or persons aggrieved, may prosecute suit against any
collector or other officer collecting or receiving funds for their use, by suit
upon the bond, in the name of the People of the State of Illinois, for their
use, in the circuit court.
(Source: P.A. 91-357, eff. 7-29-99.)
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35 ILCS 200/20-160
(35 ILCS 200/20-160)
Sec. 20-160. Office may be declared vacant. If any county collector
fails to account and pay over as required in Sections 20-140 and
20-150, the office may be declared vacant by the circuit court of the judicial circuit in which the county seat is located and
in which suit is brought on his or her official bond. If such a suit is brought in the circuit court and, based on preliminary evidence, the court determines that it is necessary that a temporary county collector be appointed, then the county board may, subject to the consent of the court, appoint an interim county collector to serve for the duration of the suit.
(Source: P.A. 95-582, eff. 8-31-07.)
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35 ILCS 200/Art. 20 Div. 4
(35 ILCS 200/Art. 20 Div. 4 heading)
Division 4.
Errors and adjustments
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35 ILCS 200/20-165
(35 ILCS 200/20-165)
Sec. 20-165. List of errors and inability to collect. On or before the third
Monday in December, annually, the county collector shall make out and file with
the county clerk a detailed list of errors in assessment of property and errors
in footing of tax books, giving in each case a description of the property, the
valuation and amount of each tax and special assessment, and cause of error.
County
collectors, in cases of removals and bankruptcies of taxpayers, may give the
same cause for the inability to collect as sworn to by the township collectors,
stating in their return that such was the statement made by the township
collector, and that the tax still remains uncollected.
(Source: P.A. 94-412, eff. 8-2-05.)
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35 ILCS 200/20-170
(35 ILCS 200/20-170)
Sec. 20-170.
Double payment.
When taxes on a property have been paid more
than once for the same year, by different claimants, the county collector shall
report to the county clerk all surplus taxes so received, together with the
names of the claimants. Certified copies of the report, or the county clerk's
record thereof, shall be prima facie evidence in all courts of the payment of
tax on the property therein described for the year or years mentioned. The
township collectors shall report to the county collector taxes paid more than
once, by different claimants for the same year, and the county collector shall
report to the county clerk.
(Source: P.A. 76-2254; 88-455.)
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35 ILCS 200/20-175
(35 ILCS 200/20-175)
Sec. 20-175. Refund for erroneous assessments or overpayments. (a) In counties other than Cook County, if any
property is twice assessed for the same year, or assessed before it becomes
taxable, and the erroneously assessed taxes have been paid either at sale or
otherwise, or have been overpaid by the same claimant or by different
claimants, the County Collector, upon being satisfied of the facts in the case,
shall refund the taxes to the proper claimant. When the County Collector is
unable to determine the proper claimant, the circuit court, on petition of the
person paying the taxes, or his or her agent, and being satisfied of the facts
in the case, shall direct the county collector to refund the taxes and deduct
the amount thereof, pro rata, from the moneys due to taxing bodies which
received the taxes erroneously paid, or their legal successors. Pleadings
in connection with the petition provided for in this Section shall conform
to that prescribed in the Civil Practice Law. Appeals may be taken from the
judgment of the circuit court, either by the county collector or by the
petitioner, as in other civil cases. A claim for refund shall not be allowed
unless a petition is filed within 5 years from the date the right to a refund
arose. If a certificate of error results in the allowance of a homestead
exemption not previously allowed, the county collector shall pay the taxpayer
interest on the amount of taxes paid that are attributable to the amount of the
additional allowance, at the rate of 6% per year. To cover the cost of
interest, the county collector shall proportionately reduce the distribution of
taxes collected for each taxing district in which the property is situated. Any sum of money payable under this subsection which remains unclaimed for 3 years after the amount was payable shall be presumed to be abandoned and subject to disposition under the Revised Uniform Unclaimed Property Act.
(a-1) In Cook County, if any property is twice assessed for the same year, or assessed before it becomes taxable, and the erroneously assessed taxes have been paid either at sale or otherwise, or have been overpaid by the same claimant or by different claimants, the Cook County Treasurer, upon being satisfied of the facts in the case, shall refund the taxes to the proper claimant. When the Cook County Treasurer is unable to determine the proper claimant, the circuit court, on petition of the person paying the taxes, or his or her agent, and being satisfied of the facts in the case, shall direct the Cook County Treasurer to refund the taxes plus costs of suit and deduct the amount thereof, pro rata, from the moneys due to taxing bodies which received the taxes erroneously paid, or their legal successors. Pleadings in connection with the petition provided for in this Section shall conform to that prescribed in the Civil Practice Law. Appeals may be taken from the judgment of the circuit court, either by the Cook County Treasurer or by the petitioner, as in other civil cases. A claim for refund shall not be allowed unless a petition is filed within 20 years from the date the right to a refund arose. The total amount of taxes and interest refunded for claims under this subsection for which the right to a refund arose prior to January 1, 2009 shall not exceed $5,000,000 per year. If the payment of a claim for a refund would cause the aggregate total of taxes and interest for all claims to exceed $5,000,000 in any year, the refund shall be paid in the next succeeding year. If a certificate of error results in the allowance of a homestead exemption not previously allowed, the Cook County Treasurer shall pay the taxpayer interest on the amount of taxes paid that are attributable to the amount of the additional allowance, at the rate of 6% per year. To cover the cost of interest, the Cook County Treasurer shall proportionately reduce the distribution of taxes collected for each taxing district in which the property is situated. Any sum of money payable under this subsection which remains unclaimed for 3 years after the amount was payable shall be presumed to be abandoned and subject to disposition under the Revised Uniform Unclaimed Property Act. (b) Notwithstanding any other provision of law, in Cook County a claim for refund under this Section is also allowed if the application therefor is filed between September 1, 2011 and September 1, 2012 and the right to a refund arose more than 5 years prior to the date the application is filed but not earlier than January 1, 2000. The Cook County Treasurer, upon being satisfied of the facts in the case, shall refund the taxes to the proper claimant and shall proportionately reduce the distribution of taxes collected for each taxing district in which the property is situated. Refunds under this subsection shall be paid in the order in which the claims are received. The Cook County Treasurer shall not accept a claim for refund under this subsection before September 1, 2011. For the purposes of this subsection, the Cook County Treasurer shall accept a claim for refund by mail or in person. In no event shall a refund be paid under this subsection if the issuance of that refund would cause the aggregate total of taxes and interest refunded for all claims under this subsection to exceed $350,000. The Cook County Treasurer shall notify the public of the provisions of this subsection on the Treasurer's website. A home rule unit may not regulate claims for refunds in a
manner that is inconsistent with this Act. This Section is a limitation of
home
rule powers under subsection (i) of Section 6 of Article VII of the Illinois
Constitution. (Source: P.A. 103-148, eff. 6-30-23.)
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35 ILCS 200/20-178
(35 ILCS 200/20-178)
Sec. 20-178. Certificate of error; refund; interest. When the county
collector
makes any refunds
due on certificates of error issued under Sections 14-15 through 14-25
that have been either
certified or adjudicated, the county collector shall pay the taxpayer interest
on the amount of the refund
at the rate of 0.5% per month.
No interest shall be due under this Section for any time prior to 60 days
after
the effective date of
this amendatory Act of the 91st General Assembly. For certificates of error
issued prior to
the
effective date of this amendatory
Act of the 91st General Assembly, the county collector shall
pay the taxpayer interest from 60 days after the effective date of this
amendatory Act of the 91st General Assembly
until the date the refund is
paid. For certificates of error issued on or after the effective date of this
amendatory Act of the 91st General Assembly,
interest shall be paid from 60
days after the certificate of error is issued by the chief county assessment
officer to the
date the refund is made.
To cover the cost of interest, the county collector shall proportionately
reduce the distribution of
taxes collected for each taxing district in which the property is situated.
This Section shall not apply to any certificate of error granting a homestead
exemption under
Section 15-170, 15-172,
15-175, 15-176, or 15-177.
(Source: P.A. 95-644, eff. 10-12-07.)
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35 ILCS 200/20-180
(35 ILCS 200/20-180)
Sec. 20-180.
Uncollectible delinquent real estate taxes and special
assessments. In cases where general taxes levied on real property have been
delinquent for a period of 20 years, the taxes shall be presumed to
be
uncollectible. In those cases, the County Clerk and the County Collector shall
enter upon the tax records in their respective offices where those taxes appear
the word "Uncollectible", and shall adjust the books and records of their
respective offices as provided in this Code. In cases where any installments of
special assessments or special taxes levied on real property have been
delinquent for a period of 30 years, the installments shall be presumed to be
uncollectible. In those cases, the Collector of the municipality which levied
the special assessment or special tax and the County Clerk and the County
Collector shall enter upon the tax records in their respective offices where
those assessments or taxes appear the word "Uncollectible" and shall adjust the
books and records of their respective offices. When taxes have been designated
"uncollectible" under this Section, the municipality may use any money it holds
for payment of the special assessments or special taxes for improvements
similar to the projects for which the moneys were collected, and for the
purchase of real or personal property, in connection with those improvements.
(Source: P.A. 92-201, eff. 1-1-02.)
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35 ILCS 200/20-185
(35 ILCS 200/20-185)
Sec. 20-185.
Bonds secured by uncollectible revenue.
When bonds issued by a
municipality are secured either by ad valorem tax levies or by specific
revenues other than ad valorem tax levies and the payment of the tax or
specific revenue has been delinquent for a period of 30 years the taxes or
revenue shall be presumed to be uncollectable and in those cases, the municipal
treasurer shall enter upon the appropriate bond issue records where the bonds
appear the words "CANCELLED - Revenue Uncollectable", and shall adjust the
books and records accordingly.
When bonds have been designated as specified above the municipality may use
any money it holds for the payment of those bonds for any general corporate
purpose.
(Source: P.A. 81-692; 88-455.)
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35 ILCS 200/20-190
(35 ILCS 200/20-190)
Sec. 20-190.
Statute of limitation for collection of delinquent real
estate taxes and special assessments.
(a) If a taxpayer owes arrearages of taxes for a reason other than
administrative
error, actions for the collection of any
delinquent general tax, or the enforcement or foreclosure of the tax lien shall
be commenced within 20 years after the tax became delinquent, and
not
thereafter. After 20 years the tax lien shall be discharged and
released.
Actions for the collection of any delinquent installments of special
assessments or special taxes, or the enforcement or foreclosure of the
special assessment lien shall be commenced within 30 years after the
installments became delinquent. After 30 years the lien for the installments
shall be discharged and released.
(b) If a taxpayer owes arrearages of taxes due to an administrative error,
the
county
may not bill, collect, claim a lien for, or sell the arrearages of taxes for
tax
years earlier than the 2 most
recent tax years, including the current tax
year.
(c) For purposes of this Section, "administrative error"
includes but is not limited
to
failure to include an extension for a taxing district on the tax bill, an error
in the
calculations of tax rates or extensions or any other mathematical error by the
county clerk, or a defective coding
by the county, but
does not include a
failure by the county to send a tax bill to the taxpayer, the failure by the
taxpayer to notify the assessor of a change in the tax-exempt status of
property, or any error concerning the assessment of the property.
(Source: P.A. 92-201, eff. 1-1-02.)
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35 ILCS 200/20-195
(35 ILCS 200/20-195)
Sec. 20-195.
Omitted property.
The provisions of Sections 20-180 through
20-190 do not apply to taxes which have been levied as provided in Section
16-135.
(Source: P.A. 77-2747; 88-455.)
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35 ILCS 200/20-200
(35 ILCS 200/20-200)
Sec. 20-200.
Application to pending actions.
The provisions of Sections
20-180 through 20-190 do not apply to any actions now pending in court or
instituted within the time limitations of Section 20-190 for the collection of
taxes or special assessments.
(Source: P.A. 78-245; 88-455.)
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35 ILCS 200/20-205
(35 ILCS 200/20-205)
Sec. 20-205.
Unpaid suspense tax fund.
The amount of all general taxes
appearing upon the tax records of the counties of the State against which the
limitations in Sections 20-180 through 20-190 have run shall be transferred by
the collector or clerk of each county to a special account in the office of the
collector or clerk to be designated "Unpaid Suspense Tax Fund" and for all
accounting or other purposes the amount appearing on the books of the collector
or clerk shall not be given any value or held as having any value for any
purpose.
(Source: P.A. 78-245; 88-455.)
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35 ILCS 200/20-210
(35 ILCS 200/20-210)
Sec. 20-210. Taxes payable in installments; payment under specification. Except as otherwise provided in Section 21-30, current taxes shall be payable
in 2 equal installments. The collector, when requested by the party paying the
taxes, shall receive and receipt for the taxes in installments. The collector shall
receive taxes on part of any property charged with taxes when
a
particular specification of the part is furnished. If the tax on the remainder
of the property remains unpaid, the collector shall enter that specification in
his or her return, so that the part on which the tax remains unpaid may be
clearly known. The tax may be paid on an undivided share of property. In that
case, the collector shall designate on his or her record upon whose undivided
share the tax has been paid.
(Source: P.A. 95-948, eff. 1-1-09.)
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35 ILCS 200/20-215
(35 ILCS 200/20-215)
Sec. 20-215.
Application of tax payments.
In the payment of any installment
of real property taxes, the collector shall first apply the payments to
interest (including interest added upon forfeiture to real property taxes) and
costs. After the payment of interest and costs the payments shall be applied
upon the total tax.
(Source: P.A. 87-17; 88-455.)
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35 ILCS 200/20-220
(35 ILCS 200/20-220)
Sec. 20-220.
Certificate of illegal tax collections on pollution control
facilities. Within 15 days after the receipt of a request by a taxing
district, the collector shall issue a certificate (hereinafter referred to as
the "Certificate") to the governing body or corporate authorities of the taxing
district setting forth (i) the aggregate amount of all taxes collected on
extensions upon pollution control facilities, as defined in Section 11-10, by
and distributed to the taxing district prior to the date of the issuance of the
Certificate, if those taxes have been held illegal by the final order of a
court, or any board, body or entity having jurisdiction, because the pollution
control facilities within the taxing district were incorrectly assessed or
valued, based upon the method of valuation under Section 11-15, at the time
taxes levied by or on behalf of the taxing district were extended (hereinafter
referred to as the "illegal taxes"), (ii) the aggregate amount of the illegal
taxes required to be deducted from the taxes of the taxing district during the
same calendar year as, and during the 2 full calendar years immediately
following, the date of the issuance of the Certificate (hereinafter referred to
as the "taxes to be deducted"), and (iii) the aggregate amount of the illegal
taxes deducted during the same calendar year as, and during the 2 full calendar
years immediately preceding, the date of the issuance of the Certificate
(hereinafter referred to as the "deducted taxes").
(Source: P.A. 87-17; 88-455.)
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35 ILCS 200/20-225
(35 ILCS 200/20-225)
Sec. 20-225.
Bonds for reimbursement of illegal tax collections on
pollution control facilities. When a taxing district, prior to January 1,
1988, issued its full faith and credit bonds for reimbursement of illegal tax
collections on pollution control facilities, as set out in this Section, it may
issue additional bonds for purposes of refunding those bonds, whether in
advance of or at maturity or prior redemption, and whether by exchange, payment
or establishment of an irrevocable escrow. The principal amount of the
refunding bonds may exceed the principal amount of the bonds being refunded.
The full faith and credit bonds, hereinafter referred to as the "Bonds", may
have been issued by the taxing district whenever and as often as the current
aggregate amount of the taxes to be deducted and the deducted taxes set forth
in the Certificate equaled or exceeded $10,000, for the purpose of (i) reducing
the amount of the taxes to be deducted by depositing proceeds of the Bonds with
the collector, (ii) reimbursing its treasury for all or a portion of the
deducted taxes for which no Bonds were previously issued, (iii) paying the
expenses of issuing the Bonds, (iv) paying interest on the Bonds, or (v) any
combination thereof. Any Certificate issued not more than 6 months prior to the
issuance of the Bonds shall be conclusive evidence of all the facts set forth
therein and any error or inaccuracy therein or any failure of future events to
conform to the Certificate shall not affect the validity of the Bonds in any
manner.
The Bonds issued under this Section shall not count as indebtedness, or act
as a limitation on the amount of indebtedness permitted to be issued by any
taxing district, under the provisions of any law regarding limitations on
indebtedness. The Bonds shall bear interest at a rate or rates authorized by
the Bond Authorization Act, shall mature within 20 years after the
date of the issuance thereof and shall be sold at a price of not less than
par plus accrued interest to the date of delivery of the Bonds. The
denomination of the Bonds and the manner of sale shall be determined by the
taxing district.
In order to authorize and issue the Bonds, the governing body or corporate
authorities of the taxing district shall adopt an ordinance or resolution
fixing the amount of Bonds, the date thereof, the maturities thereof, the
rate or rates of interest thereof, the place or places of payment, the manner
of execution and the denomination or denominations thereof and providing
for the levy and collection of a direct annual tax upon all the taxable
property in the taxing district sufficient to pay the principal and interest
on the Bonds to maturity. Notwithstanding the provisions of any other law
to the contrary, the ordinance or resolution shall not be required to be
published and shall be effective immediately upon passage and approval.
Upon the filing in the office of the county clerk of each county in which
any portion of the taxing district is located of a certified copy of the
ordinance or resolution, each county clerk shall extend the tax therefor
in addition to and in excess of all other taxes authorized to be levied by or
on behalf of such taxing district.
This Section is cumulative and constitutes complete authority for the
issuance of the Bonds notwithstanding any other statute or law to the contrary.
This Section does not apply to taxing districts located entirely within a
county with 3,000,000 or more inhabitants.
(Source: P.A. 87-17; 88-455.)
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35 ILCS 200/Art. 20 Div. 5
(35 ILCS 200/Art. 20 Div. 5 heading)
Division 5.
Settlement of Accounts
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35 ILCS 200/20-230
(35 ILCS 200/20-230)
Sec. 20-230.
Settlement with county board.
On the third Monday in December,
annually, for all property taxes, the county board shall settle with and allow
the county collector credit for the allowance to which he or she is legally
entitled. In the 10 years following the completion of a general reassessment of
property in any county with 3,000,000 or more inhabitants, made under an order
of the Department, settlement shall be made at the regular meeting of the
county board held next after the 45th day after all taxes upon property become
delinquent and have begun to bear interest.
(Source: P.A. 83-121; 88-455.)
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35 ILCS 200/20-235
(35 ILCS 200/20-235)
Sec. 20-235.
Credit for forfeited property.
If any property is forfeited to
the State for taxes or special assessments, the collector shall be entitled to
a credit in the final settlement, for the amount of the taxes or special
assessments on the forfeited properties. The county shall allow the amount of
printers' fees expended, and be entitled to the fees, when collected.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-240
(35 ILCS 200/20-240)
Sec. 20-240.
Settlement lists to be filed with county clerk.
If there is no
session of the county board held at the proper time for settling and adjusting
the accounts of the county collector, the collector shall file the lists with
the county clerk, who shall examine the lists and correct the same, if
necessary, in like manner as the board is required to do. The county clerk
shall make an accurate computation of the value of the property and the amount
of the delinquent tax and special assessments returned, for which the collector
is entitled to credit.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-245
(35 ILCS 200/20-245)
Sec. 20-245.
Certification by county clerk.
The county clerk shall
immediately certify to the several authorities or persons with whom the county
collector is to make settlement, showing the valuation of property and amount
of taxes and special assessments due thereon allowable to the collector in the
settlement of their several accounts.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/20-250
(35 ILCS 200/20-250)
Sec. 20-250.
Verification of certified amounts.
The proper authorities or
persons shall, in their final settlements with the collector, allow him or
her credit for the amount so certified. However, if those authorities or
persons have reason to believe that the amount stated in the certificate is not
correct, or that the allowance was illegally made, he or they shall return it
for correction. When it appears to be necessary, in the opinion of those
authorities or persons, he or they shall designate and appoint some competent
person to examine the collector's books and settlement. The person so
designated and appointed shall have access to the collector's books and papers,
appertaining to the collector's office or settlement, for the purpose of making
the examination.
(Source: P.A. 76-2254; 88-455.)
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35 ILCS 200/20-255
(35 ILCS 200/20-255)
Sec. 20-255.
County board examination of settlement.
In all cases when the
adjustment is made with the county clerk, the county board shall, at the first
session thereafter, examine the settlement. If found correct, the board shall
enter an order to that effect. However, if any omission or error is found, the
board shall cause it to be corrected, and a correct statement of the facts in
the case forwarded to the proper authorities or persons, who shall correct and
adjust the collector's accounts accordingly.
(Source: P.A. 76-2254; 88-455.)
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35 ILCS 200/20-260
(35 ILCS 200/20-260)
Sec. 20-260.
Failure to obtain judgment; effect on settlement.
The failure
of any county collector to obtain judgment shall not prevent him or her from
presenting a statement of credits and making settlement for taxes, and special
assessments in his or her hands, at the time required by this Code. If, from no
fault of the collector, he or she fails to obtain judgment and sale of
delinquent property, or judgment fixing the correct amount of any taxes paid
under protest at the time required by this Code, he or she shall be allowed, in
the settlements, a temporary credit for the amount of taxes and special
assessments in the delinquent list and for the amount of those taxes paid under
protest. The delinquent taxes and special assessments shall be accounted for
and paid immediately after sale is held. The amount of any taxes paid under
protest shall be distributed as provided for in Section 23-15 and 23-20 and any
refund ordered by the court shall be accounted for and paid in accordance with
the judgment of the court. Protested taxes not so distributed by a county
collector, but withheld for the making of refunds ordered by the court, in any
event, shall be distributed within 3 years from the date the protest was filed
with the collector.
(Source: Laws 1961, p. 2559; P.A. 88-455.)
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