State of Illinois
92^nd General Assembly
Legislation

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92_SB0640eng

 
SB640 Engrossed                                LRB9207880SMdv

 1        AN ACT in relation to taxes.

 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    Section 20-178 as follows:

 6        (35 ILCS 200/20-178)
 7        Sec.  20-178.  Certificate of  error;  refund;  interest.
 8    When   the   county   collector  makes  any  refunds  due  on
 9    certificates of error issued  under  Sections  14-15  through
10    14-25  that  have  been  either certified or adjudicated, the
11    county collector shall  pay  the  taxpayer  interest  on  the
12    amount of the refund at the rate of 0.5% per month.
13        No  interest shall be due under this Section for any time
14    prior to 60 days after July 30, 1999 (the effective  date  of
15    Public  this  amendatory  Act  91-393)  of  the  91st General
16    Assembly. For certificates of error issued prior to July  30,
17    1999  (to  the  effective  date of Public this amendatory Act
18    91-393) of the 91st General Assembly,  the  county  collector
19    shall  pay  the taxpayer interest from 60 days after July 30,
20    1999 (the  effective  date  of  Public  this  amendatory  Act
21    91-393)  of  the  91st  General  Assembly  until the date the
22    refund is paid. For certificates of error issued on or  after
23    July  30,  1999 (the effective date of Public this amendatory
24    Act 91-393) of the 91st General Assembly, interest  shall  be
25    paid from 60 days after the certificate of error is issued by
26    the chief county assessment officer to the date the refund is
27    made. If a completed refund application is not filed with the
28    county  collector's  office  within  60  days  after a refund
29    application form and notice as set forth in this Section  are
30    mailed  by  the  collector  to  the  taxpayer  or  his or her
31    representative, however, then interest  shall  cease  to  run
 
SB0640 Engrossed            -2-                LRB9207880SMdv
 1    from  that  date  until a completed application is filed. The
 2    notice mailed  by  the  county  collector  shall  advise  the
 3    taxpayer or his or her representative that a completed refund
 4    application  must  be  filed  to  obtain  a  refund  and that
 5    interest will cease to run unless this filing is made  within
 6    60 days after the mailing of the notice and application form.
 7    To  cover  the  cost  of interest, the county collector shall
 8    proportionately reduce the distribution  of  taxes  collected
 9    for each taxing district in which the property is situated.
10        For   purposes   of   this   Section,  "completed  refund
11    application" means (i)  completion  of  the  requisite  forms
12    supplied  by the county collector and presentation of legible
13    photocopies of the  payment  receipt  issued  by  the  county
14    collector  or  photocopies  of  the  front  and  back  of the
15    negotiated instrument used to make the payment  for  the  tax
16    year  upon  which a refund is sought or (ii) such other proof
17    as may be deemed necessary by  the  county  collector.  If  a
18    petitioner  cannot  provide  proof  of  payment or such other
19    proof as requested by the county  collector,  the  petitioner
20    shall  have  available to him or her the remedies afforded in
21    Section 20-175.
22        This Section shall not apply to any certificate of  error
23    granting  a homestead exemption under Section 15-170, 15-172,
24    or 15-175.
25    (Source: P.A. 91-393, eff. 7-30-99.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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