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[ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB1094 35 ILCS 5/202 from Ch. 120, par. 2-202 35 ILCS 200/15-175 Amends the Illinois Income Tax Act. Makes provisions in the Section defining net income gender neutral. Amends the Property Tax Code. Makes provisions in the Section concerning the homestead exemption gender neutral. LRB9002118KDks LRB9002118KDks 1 AN ACT in relation to taxes, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Income Tax Act is amended by 5 changing Section 202 as follows: 6 (35 ILCS 5/202) (from Ch. 120, par. 2-202) 7 Sec. 202. Net Income Defined. In general. For purposes of 8 this Act, a taxpayer's net income for a taxable year shall be 9 that portion of his or her base income for such year except 10 money and other benefits, other than salary, received by a 11 driver in a ridesharing arrangement using a motor vehicle, 12 which is allocable to this State under the provisions of 13 Article 3, less the standard exemption allowed by Section 204 14 and the deduction allowed by Section 207. 15 (Source: P.A. 85-731.) 16 Section 10. The Property Tax Code is amended by changing 17 Section 15-175 as follows: 18 (35 ILCS 200/15-175) 19 Sec. 15-175. General homestead exemption. Homestead 20 property is entitled to an annual homestead exemption 21 limited, except as described here with relation to 22 cooperatives, to a reduction in the equalized assessed value 23 of homestead property equal to the increase in equalized 24 assessed value for the current assessment year above the 25 equalized assessed value of the property for 1977, up to the 26 maximum reduction set forth below. If however, the 1977 27 equalized assessed value upon which taxes were paid is 28 subsequently determined by local assessing officials, the 29 Property Tax Appeal Board, or a court to have been excessive, -2- LRB9002118KDks 1 the equalized assessed value which should have been placed on 2 the property for 1977 shall be used to determine the amount 3 of the exemption. 4 The maximum reduction shall be $4,500 in counties with 5 3,000,000 or more inhabitants and $3,500 in all other 6 counties. 7 "Homestead property" under this Section includes 8 residential property that is occupied by its owner or owners 9 as his, her, or their principal dwelling place, or that is a 10 leasehold interest on which a single family residence is 11 situated, which is occupied as a residence by a person who 12 has an ownership interest therein, legal or equitable or as a 13 lessee, and on which the person is liable for the payment of 14 property taxes. For land improved with an apartment building 15 owned and operated as a cooperative or a building which is a 16 life care facility as defined in Section 15-170 and 17 considered to be a cooperative under Section 15-170, the 18 maximum reduction from the equalized assessed value shall be 19 limited to the increase in the value above the equalized 20 assessed value of the property for 1977, up to the maximum 21 reduction set forth above, multiplied by the number of 22 apartments or units occupied by a person or persons who is 23 liable, by contract with the owner or owners of record, for 24 paying property taxes on the property and is an owner of 25 record of a legal or equitable interest in the cooperative 26 apartment building, other than a leasehold interest. For 27 purposes of this Section, the term "life care facility" has 28 the meaning stated in Section 15-170. 29 In a cooperative where a homestead exemption has been 30 granted, the cooperative association or its management firm 31 shall credit the savings resulting from that exemption only 32 to the apportioned tax liability of the owner who qualified 33 for the exemption. Any person who willfully refuses to so 34 credit the savings shall be guilty of a Class B misdemeanor. -3- LRB9002118KDks 1 Where married persons maintain and reside in separate 2 residences qualifying as homestead property, each residence 3 shall receive 50% of the total reduction in equalized 4 assessed valuation provided by this Section. 5 The assessor, or chief county assessment officer may 6 determine the eligibility of residential property to receive 7 the homestead exemption by application, visual inspection, 8 questionnaire or other reasonable methods. The determination 9 shall be made in accordance with guidelines established by 10 the Department. In counties with less than 3,000,000 11 inhabitants, if an application is used to determine 12 eligibility, the application shall be mailed to any taxpayer 13 over 65 years of age who has once applied for and been 14 granted an exemption under this Section. 15 (Source: P.A. 87-894; 87-1189; 88-455.)