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Public Act 094-0794 |
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AN ACT concerning property tax.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Findings; purpose; validation. | ||||
(a) The General Assembly finds and declares that: | ||||
(1) Public Act 88-669, effective November 29, 1994, | ||||
created Section 15-172 of the Property Tax Code, then known | ||||
as the Senior Citizens Tax Freeze Homestead Exemption. | ||||
Public Act 88-669 also contained other provisions. | ||||
(2) The Senior Citizens Tax Freeze Homestead Exemption | ||||
has been renamed the Senior Citizens Assessment Freeze | ||||
Homestead Exemption. | ||||
(3) The Illinois Supreme Court declared Public Act | ||||
88-669 to be unconstitutional as a violation of the single | ||||
subject clause of the Illinois Constitution in People v. | ||||
Olender , Docket No. 98932, opinion filed December 15, 2005. | ||||
(b) Among the purposes of this Act is the re-enactment of | ||||
the provisions of Section 15-172 of the Property Tax Code and | ||||
to minimize or prevent any problems concerning those provisions | ||||
that may arise from the unconstitutionality of Public Act | ||||
88-669. This re-enactment is intended to remove any question as | ||||
to the validity and content of those provisions; it is not | ||||
intended to supersede any other Public Act that amends the | ||||
provisions re-enacted in this Act. The re-enacted material is | ||||
shown in this Act as existing text (i.e., without underscoring) | ||||
and includes changes made by subsequent amendments. We are also | ||||
making substantive changes to the Section; these changes are | ||||
shown with striking and underscoring. | ||||
(c) The re-enactment of the provisions of Section 15-172 of | ||||
the Property Tax Code by this Act is not intended, and shall | ||||
not be construed, to impair any legal argument concerning | ||||
whether those provisions were substantially re-enacted by any | ||||
other Public Act. |
(d) All otherwise lawful actions taken before the effective | ||
date of this Act in reliance on or pursuant to the provisions | ||
re-enacted by this Act, as those provisions were set forth in | ||
Public Act 88-669 or as subsequently amended, by any officer, | ||
employee, or agency of State government or by any other person | ||
or entity, are hereby validated, except to the extent | ||
prohibited under the Illinois or United States Constitution. | ||
(e) This Act applies, without limitation, to actions | ||
pending on or after the effective date of this Act, except to | ||
the extent prohibited under the Illinois or United States | ||
Constitution. | ||
Section 5. The Property Tax Code is amended by changing | ||
Section 15-170 and by re-enacting and changing Section 15-172 | ||
as follows:
| ||
(35 ILCS 200/15-170)
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Sec. 15-170. Senior Citizens Homestead Exemption. An | ||
annual homestead
exemption limited, except as described here | ||
with relation to cooperatives or
life care facilities, to a
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maximum reduction set forth below from the property's value, as | ||
equalized or
assessed by the Department, is granted for | ||
property that is occupied as a
residence by a person 65 years | ||
of age or older who is liable for paying real
estate taxes on | ||
the property and is an owner of record of the property or has a
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legal or equitable interest therein as evidenced by a written | ||
instrument,
except for a leasehold interest, other than a | ||
leasehold interest of land on
which a single family residence | ||
is located, which is occupied as a residence by
a person 65 | ||
years or older who has an ownership interest therein, legal,
| ||
equitable or as a lessee, and on which he or she is liable for | ||
the payment
of property taxes. Before taxable year 2004, the | ||
maximum reduction shall be $2,500 in counties with
3,000,000 or | ||
more inhabitants and $2,000 in all other counties. For taxable | ||
years 2004 through 2005
and thereafter , the maximum reduction | ||
shall be $3,000 in all counties. For taxable years 2006 and |
thereafter, the maximum reduction shall be $3,500 in all | ||
counties.
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For land
improved with an apartment building owned and | ||
operated as a cooperative, the maximum reduction from the value | ||
of the property, as
equalized
by the Department, shall be | ||
multiplied by the number of apartments or units
occupied by a | ||
person 65 years of age or older who is liable, by contract with
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the owner or owners of record, for paying property taxes on the | ||
property and
is an owner of record of a legal or equitable | ||
interest in the cooperative
apartment building, other than a | ||
leasehold interest. For land improved with
a life care | ||
facility, the maximum reduction from the value of the property, | ||
as
equalized by the Department, shall be multiplied by the | ||
number of apartments or
units occupied by persons 65 years of | ||
age or older, irrespective of any legal,
equitable, or | ||
leasehold interest in the facility, who are liable, under a
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contract with the owner or owners of record of the facility, | ||
for paying
property taxes on the property. In a
cooperative or | ||
a life care facility where a
homestead exemption has been | ||
granted, the cooperative association or the
management firm of | ||
the cooperative or facility shall credit the savings
resulting | ||
from that exemption only to
the apportioned tax liability of | ||
the owner or resident who qualified for
the exemption.
Any | ||
person who willfully refuses to so credit the savings shall be | ||
guilty of a
Class B misdemeanor. Under this Section and | ||
Sections 15-175 and 15-176, "life care
facility" means a | ||
facility as defined in Section 2 of the Life Care Facilities
| ||
Act, with which the applicant for the homestead exemption has a | ||
life care
contract as defined in that Act.
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When a homestead exemption has been granted under this | ||
Section and the person
qualifying subsequently becomes a | ||
resident of a facility licensed under the
Nursing Home Care | ||
Act, the exemption shall continue so long as the residence
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continues to be occupied by the qualifying person's spouse if | ||
the spouse is 65
years of age or older, or if the residence | ||
remains unoccupied but is still
owned by the person qualified |
for the homestead exemption.
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A person who will be 65 years of age
during the current | ||
assessment year
shall
be eligible to apply for the homestead | ||
exemption during that assessment
year.
Application shall be | ||
made during the application period in effect for the
county of | ||
his residence.
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Beginning with assessment year 2003, for taxes payable in | ||
2004,
property
that is first occupied as a residence after | ||
January 1 of any assessment year by
a person who is eligible | ||
for the senior citizens homestead exemption under this
Section | ||
must be granted a pro-rata exemption for the assessment year. | ||
The
amount of the pro-rata exemption is the exemption
allowed | ||
in the county under this Section divided by 365 and multiplied | ||
by the
number of days during the assessment year the property | ||
is occupied as a
residence by a
person eligible for the | ||
exemption under this Section. The chief county
assessment | ||
officer must adopt reasonable procedures to establish | ||
eligibility
for this pro-rata exemption.
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The assessor or chief county assessment officer may | ||
determine the eligibility
of a life care facility to receive | ||
the benefits provided by this Section, by
affidavit, | ||
application, visual inspection, questionnaire or other | ||
reasonable
methods in order to insure that the tax savings | ||
resulting from the exemption
are credited by the management | ||
firm to the apportioned tax liability of each
qualifying | ||
resident. The assessor may request reasonable proof that the
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management firm has so credited the exemption.
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The chief county assessment officer of each county with | ||
less than 3,000,000
inhabitants shall provide to each person | ||
allowed a homestead exemption under
this Section a form to | ||
designate any other person to receive a
duplicate of any notice | ||
of delinquency in the payment of taxes assessed and
levied | ||
under this Code on the property of the person receiving the | ||
exemption.
The duplicate notice shall be in addition to the | ||
notice required to be
provided to the person receiving the | ||
exemption, and shall be given in the
manner required by this |
Code. The person filing the request for the duplicate
notice | ||
shall pay a fee of $5 to cover administrative costs to the | ||
supervisor of
assessments, who shall then file the executed | ||
designation with the county
collector. Notwithstanding any | ||
other provision of this Code to the contrary,
the filing of | ||
such an executed designation requires the county collector to
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provide duplicate notices as indicated by the designation. A | ||
designation may
be rescinded by the person who executed such | ||
designation at any time, in the
manner and form required by the | ||
chief county assessment officer.
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The assessor or chief county assessment officer may | ||
determine the
eligibility of residential property to receive | ||
the homestead exemption provided
by this Section by | ||
application, visual inspection, questionnaire or other
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reasonable methods. The determination shall be made in | ||
accordance with
guidelines established by the Department.
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In counties with less than 3,000,000 inhabitants, the | ||
county board may by
resolution provide that if a person has | ||
been granted a homestead exemption
under this Section, the | ||
person qualifying need not reapply for the exemption.
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In counties with less than 3,000,000 inhabitants, if the | ||
assessor or chief
county assessment officer requires annual | ||
application for verification of
eligibility for an exemption | ||
once granted under this Section, the application
shall be | ||
mailed to the taxpayer.
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The assessor or chief county assessment officer shall | ||
notify each person
who qualifies for an exemption under this | ||
Section that the person may also
qualify for deferral of real | ||
estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||
Act. The notice shall set forth the qualifications needed for
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deferral of real estate taxes, the address and telephone number | ||
of
county collector, and a
statement that applications for | ||
deferral of real estate taxes may be obtained
from the county | ||
collector.
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Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||
no
reimbursement by the State is required for the |
implementation of any mandate
created by this Section.
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(Source: P.A. 92-196, eff. 1-1-02; 93-511, eff. 8-11-03; | ||
93-715, eff. 7-12-04.)
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(35 ILCS 200/15-172)
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Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||
Exemption.
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(a) This Section may be cited as the Senior Citizens | ||
Assessment
Freeze Homestead Exemption.
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(b) As used in this Section:
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"Applicant" means an individual who has filed an | ||
application under this
Section.
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"Base amount" means the base year equalized assessed value | ||
of the residence
plus the first year's equalized assessed value | ||
of any added improvements which
increased the assessed value of | ||
the residence after the base year.
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"Base year" means the taxable year prior to the taxable | ||
year for which the
applicant first qualifies and applies for | ||
the exemption provided that in the
prior taxable year the | ||
property was improved with a permanent structure that
was | ||
occupied as a residence by the applicant who was liable for | ||
paying real
property taxes on the property and who was either | ||
(i) an owner of record of the
property or had legal or | ||
equitable interest in the property as evidenced by a
written | ||
instrument or (ii) had a legal or equitable interest as a | ||
lessee in the
parcel of property that was single family | ||
residence.
If in any subsequent taxable year for which the | ||
applicant applies and
qualifies for the exemption the equalized | ||
assessed value of the residence is
less than the equalized | ||
assessed value in the existing base year
(provided that such | ||
equalized assessed value is not
based
on an
assessed value that | ||
results from a temporary irregularity in the property that
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reduces the
assessed value for one or more taxable years), then | ||
that
subsequent taxable year shall become the base year until a | ||
new base year is
established under the terms of this paragraph. | ||
For taxable year 1999 only, the
Chief County Assessment Officer |
shall review (i) all taxable years for which
the
applicant | ||
applied and qualified for the exemption and (ii) the existing | ||
base
year.
The assessment officer shall select as the new base | ||
year the year with the
lowest equalized assessed value.
An | ||
equalized assessed value that is based on an assessed value | ||
that results
from a
temporary irregularity in the property that | ||
reduces the assessed value for one
or more
taxable years shall | ||
not be considered the lowest equalized assessed value.
The | ||
selected year shall be the base year for
taxable year 1999 and | ||
thereafter until a new base year is established under the
terms | ||
of this paragraph.
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"Chief County Assessment Officer" means the County | ||
Assessor or Supervisor of
Assessments of the county in which | ||
the property is located.
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"Equalized assessed value" means the assessed value as | ||
equalized by the
Illinois Department of Revenue.
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"Household" means the applicant, the spouse of the | ||
applicant, and all persons
using the residence of the applicant | ||
as their principal place of residence.
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"Household income" means the combined income of the members | ||
of a household
for the calendar year preceding the taxable | ||
year.
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"Income" has the same meaning as provided in Section 3.07 | ||
of the Senior
Citizens and Disabled Persons Property Tax Relief | ||
and Pharmaceutical Assistance
Act, except that, beginning in | ||
assessment year 2001, "income" does not
include veteran's | ||
benefits.
| ||
"Internal Revenue Code of 1986" means the United States | ||
Internal Revenue Code
of 1986 or any successor law or laws | ||
relating to federal income taxes in effect
for the year | ||
preceding the taxable year.
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"Life care facility that qualifies as a cooperative" means | ||
a facility as
defined in Section 2 of the Life Care Facilities | ||
Act.
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"Residence" means the principal dwelling place and | ||
appurtenant structures
used for residential purposes in this |
State occupied on January 1 of the
taxable year by a household | ||
and so much of the surrounding land, constituting
the parcel | ||
upon which the dwelling place is situated, as is used for
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residential purposes. If the Chief County Assessment Officer | ||
has established a
specific legal description for a portion of | ||
property constituting the
residence, then that portion of | ||
property shall be deemed the residence for the
purposes of this | ||
Section.
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"Taxable year" means the calendar year during which ad | ||
valorem property taxes
payable in the next succeeding year are | ||
levied.
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(c) Beginning in taxable year 1994, a senior citizens | ||
assessment freeze
homestead exemption is granted for real | ||
property that is improved with a
permanent structure that is | ||
occupied as a residence by an applicant who (i) is
65 years of | ||
age or older during the taxable year, (ii) has a household | ||
income
of $35,000 or less prior to taxable year 1999,
$40,000 | ||
or less in taxable years 1999 through 2003, and $45,000 or less | ||
in taxable year 2004 and 2005, and $50,000 or less in taxable | ||
year 2006 and thereafter, (iii) is liable for paying real | ||
property taxes on
the
property, and (iv) is an owner of record | ||
of the property or has a legal or
equitable interest in the | ||
property as evidenced by a written instrument. This
homestead | ||
exemption shall also apply to a leasehold interest in a parcel | ||
of
property improved with a permanent structure that is a | ||
single family residence
that is occupied as a residence by a | ||
person who (i) is 65 years of age or older
during the taxable | ||
year, (ii) has a household income of $35,000 or less prior
to | ||
taxable year 1999, $40,000 or less in taxable years 1999 | ||
through 2003, and $45,000 or less in taxable year 2004 and | ||
2005, and $50,000 or less in taxable year 2006 and thereafter,
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(iii)
has a legal or equitable ownership interest in the | ||
property as lessee, and (iv)
is liable for the payment of real | ||
property taxes on that property.
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Through taxable year 2005, the
The amount of this exemption | ||
shall be the equalized assessed value of the
residence in the |
taxable year for which application is made minus the base
| ||
amount. For taxable year 2006 and thereafter, the amount of the | ||
exemption is as follows:
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(1) For an applicant who has a household income of | ||
$45,000 or less, the amount of the exemption is the | ||
equalized assessed value of the
residence in the taxable | ||
year for which application is made minus the base
amount. | ||
(2) For an applicant who has a household income | ||
exceeding $45,000 but not exceeding $46,250, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.8. | ||
(3) For an applicant who has a household income | ||
exceeding $46,250 but not exceeding $47,500, the amount of | ||
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.6. | ||
(4) For an applicant who has a household income | ||
exceeding $47,500 but not exceeding $48,750, the amount of | ||
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.4. | ||
(5) For an applicant who has a household income | ||
exceeding $48,750 but not exceeding $50,000, the amount of | ||
the exemption is (i) the equalized assessed value of the
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residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.2.
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When the applicant is a surviving spouse of an applicant | ||
for a prior year for
the same residence for which an exemption | ||
under this Section has been granted,
the base year and base | ||
amount for that residence are the same as for the
applicant for | ||
the prior year.
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Each year at the time the assessment books are certified to | ||
the County Clerk,
the Board of Review or Board of Appeals shall | ||
give to the County Clerk a list
of the assessed values of | ||
improvements on each parcel qualifying for this
exemption that |
were added after the base year for this parcel and that
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increased the assessed value of the property.
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In the case of land improved with an apartment building | ||
owned and operated as
a cooperative or a building that is a | ||
life care facility that qualifies as a
cooperative, the maximum | ||
reduction from the equalized assessed value of the
property is | ||
limited to the sum of the reductions calculated for each unit
| ||
occupied as a residence by a person or persons (i) 65 years of | ||
age or older, (ii) with a
household income of $35,000 or less | ||
prior to taxable year 1999, $40,000 or
less in taxable years | ||
1999 through 2003, and $45,000 or less in taxable year 2004 and | ||
2005, and $50,000 or less in taxable year 2006 and thereafter, | ||
(iii) who is liable, by contract with the
owner
or owners of | ||
record, for paying real property taxes on the property, and | ||
(iv) who is
an owner of record of a legal or equitable interest | ||
in the cooperative
apartment building, other than a leasehold | ||
interest. In the instance of a
cooperative where a homestead | ||
exemption has been granted under this Section,
the cooperative | ||
association or its management firm shall credit the savings
| ||
resulting from that exemption only to the apportioned tax | ||
liability of the
owner who qualified for the exemption. Any | ||
person who willfully refuses to
credit that savings to an owner | ||
who qualifies for the exemption is guilty of a
Class B | ||
misdemeanor.
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When a homestead exemption has been granted under this | ||
Section and an
applicant then becomes a resident of a facility | ||
licensed under the Nursing Home
Care Act, the exemption shall | ||
be granted in subsequent years so long as the
residence (i) | ||
continues to be occupied by the qualified applicant's spouse or
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(ii) if remaining unoccupied, is still owned by the qualified | ||
applicant for the
homestead exemption.
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Beginning January 1, 1997, when an individual dies who | ||
would have qualified
for an exemption under this Section, and | ||
the surviving spouse does not
independently qualify for this | ||
exemption because of age, the exemption under
this Section | ||
shall be granted to the surviving spouse for the taxable year
|
preceding and the taxable
year of the death, provided that, | ||
except for age, the surviving spouse meets
all
other | ||
qualifications for the granting of this exemption for those | ||
years.
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When married persons maintain separate residences, the | ||
exemption provided for
in this Section may be claimed by only | ||
one of such persons and for only one
residence.
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For taxable year 1994 only, in counties having less than | ||
3,000,000
inhabitants, to receive the exemption, a person shall | ||
submit an application by
February 15, 1995 to the Chief County | ||
Assessment Officer
of the county in which the property is | ||
located. In counties having 3,000,000
or more inhabitants, for | ||
taxable year 1994 and all subsequent taxable years, to
receive | ||
the exemption, a person
may submit an application to the Chief | ||
County
Assessment Officer of the county in which the property | ||
is located during such
period as may be specified by the Chief | ||
County Assessment Officer. The Chief
County Assessment Officer | ||
in counties of 3,000,000 or more inhabitants shall
annually | ||
give notice of the application period by mail or by | ||
publication. In
counties having less than 3,000,000 | ||
inhabitants, beginning with taxable year
1995 and thereafter, | ||
to receive the exemption, a person
shall
submit an
application | ||
by July 1 of each taxable year to the Chief County Assessment
| ||
Officer of the county in which the property is located. A | ||
county may, by
ordinance, establish a date for submission of | ||
applications that is
different than
July 1.
The applicant shall | ||
submit with the
application an affidavit of the applicant's | ||
total household income, age,
marital status (and if married the | ||
name and address of the applicant's spouse,
if known), and | ||
principal dwelling place of members of the household on January
| ||
1 of the taxable year. The Department shall establish, by rule, | ||
a method for
verifying the accuracy of affidavits filed by | ||
applicants under this Section.
The applications shall be | ||
clearly marked as applications for the Senior
Citizens | ||
Assessment Freeze Homestead Exemption.
| ||
Notwithstanding any other provision to the contrary, in |
counties having fewer
than 3,000,000 inhabitants, if an | ||
applicant fails
to file the application required by this | ||
Section in a timely manner and this
failure to file is due to a | ||
mental or physical condition sufficiently severe so
as to | ||
render the applicant incapable of filing the application in a | ||
timely
manner, the Chief County Assessment Officer may extend | ||
the filing deadline for
a period of 30 days after the applicant | ||
regains the capability to file the
application, but in no case | ||
may the filing deadline be extended beyond 3
months of the | ||
original filing deadline. In order to receive the extension
| ||
provided in this paragraph, the applicant shall provide the | ||
Chief County
Assessment Officer with a signed statement from | ||
the applicant's physician
stating the nature and extent of the | ||
condition, that, in the
physician's opinion, the condition was | ||
so severe that it rendered the applicant
incapable of filing | ||
the application in a timely manner, and the date on which
the | ||
applicant regained the capability to file the application.
| ||
Beginning January 1, 1998, notwithstanding any other | ||
provision to the
contrary, in counties having fewer than | ||
3,000,000 inhabitants, if an applicant
fails to file the | ||
application required by this Section in a timely manner and
| ||
this failure to file is due to a mental or physical condition | ||
sufficiently
severe so as to render the applicant incapable of | ||
filing the application in a
timely manner, the Chief County | ||
Assessment Officer may extend the filing
deadline for a period | ||
of 3 months. In order to receive the extension provided
in this | ||
paragraph, the applicant shall provide the Chief County | ||
Assessment
Officer with a signed statement from the applicant's | ||
physician stating the
nature and extent of the condition, and | ||
that, in the physician's opinion, the
condition was so severe | ||
that it rendered the applicant incapable of filing the
| ||
application in a timely manner.
| ||
In counties having less than 3,000,000 inhabitants, if an | ||
applicant was
denied an exemption in taxable year 1994 and the | ||
denial occurred due to an
error on the part of an assessment
| ||
official, or his or her agent or employee, then beginning in |
taxable year 1997
the
applicant's base year, for purposes of | ||
determining the amount of the exemption,
shall be 1993 rather | ||
than 1994. In addition, in taxable year 1997, the
applicant's | ||
exemption shall also include an amount equal to (i) the amount | ||
of
any exemption denied to the applicant in taxable year 1995 | ||
as a result of using
1994, rather than 1993, as the base year, | ||
(ii) the amount of any exemption
denied to the applicant in | ||
taxable year 1996 as a result of using 1994, rather
than 1993, | ||
as the base year, and (iii) the amount of the exemption | ||
erroneously
denied for taxable year 1994.
| ||
For purposes of this Section, a person who will be 65 years | ||
of age during the
current taxable year shall be eligible to | ||
apply for the homestead exemption
during that taxable year. | ||
Application shall be made during the application
period in | ||
effect for the county of his or her residence.
| ||
The Chief County Assessment Officer may determine the | ||
eligibility of a life
care facility that qualifies as a | ||
cooperative to receive the benefits
provided by this Section by | ||
use of an affidavit, application, visual
inspection, | ||
questionnaire, or other reasonable method in order to insure | ||
that
the tax savings resulting from the exemption are credited | ||
by the management
firm to the apportioned tax liability of each | ||
qualifying resident. The Chief
County Assessment Officer may | ||
request reasonable proof that the management firm
has so | ||
credited that exemption.
| ||
Except as provided in this Section, all information | ||
received by the chief
county assessment officer or the | ||
Department from applications filed under this
Section, or from | ||
any investigation conducted under the provisions of this
| ||
Section, shall be confidential, except for official purposes or
| ||
pursuant to official procedures for collection of any State or | ||
local tax or
enforcement of any civil or criminal penalty or | ||
sanction imposed by this Act or
by any statute or ordinance | ||
imposing a State or local tax. Any person who
divulges any such | ||
information in any manner, except in accordance with a proper
| ||
judicial order, is guilty of a Class A misdemeanor.
|
Nothing contained in this Section shall prevent the | ||
Director or chief county
assessment officer from publishing or | ||
making available reasonable statistics
concerning the | ||
operation of the exemption contained in this Section in which
| ||
the contents of claims are grouped into aggregates in such a | ||
way that
information contained in any individual claim shall | ||
not be disclosed.
| ||
(d) Each Chief County Assessment Officer shall annually | ||
publish a notice
of availability of the exemption provided | ||
under this Section. The notice
shall be published at least 60 | ||
days but no more than 75 days prior to the date
on which the | ||
application must be submitted to the Chief County Assessment
| ||
Officer of the county in which the property is located. The | ||
notice shall
appear in a newspaper of general circulation in | ||
the county.
| ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||
no reimbursement by the State is required for the | ||
implementation of any mandate created by this Section.
| ||
(Source: P.A. 93-715, eff. 7-12-04.)
| ||
Section 10. The Senior Citizens Real Estate Tax Deferral | ||
Act is amended by changing Section 2 as follows:
| ||
(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
| ||
Sec. 2. Definitions. As used in this Act:
| ||
(a) "Taxpayer" means an individual whose household income | ||
for the year
is no greater than : (i) $40,000 through tax year | ||
2005; and (ii) $50,000 for tax year 2006 and thereafter .
| ||
(b) "Tax deferred property" means the property upon which | ||
real
estate taxes are deferred under this Act.
| ||
(c) "Homestead" means the land and buildings thereon, | ||
including a
condominium or a dwelling unit in a multidwelling | ||
building that is owned and
operated as a cooperative, occupied | ||
by the taxpayer as his residence or which
are temporarily | ||
unoccupied by the taxpayer because such taxpayer is temporarily
| ||
residing, for not more than 1 year, in a licensed facility as |
defined in
Section 1-113 of the Nursing Home Care Act.
| ||
(d) "Real estate taxes" or "taxes" means the taxes on real | ||
property for
which the taxpayer would be liable under the | ||
Property Tax Code, including special service area taxes, and | ||
special assessments on
benefited real property for which the | ||
taxpayer would be liable to a unit of
local government.
| ||
(e) "Department" means the Department of Revenue.
| ||
(f) "Qualifying property" means a homestead which (a) the | ||
taxpayer or the
taxpayer and his spouse own in fee simple or | ||
are purchasing in fee simple under
a recorded instrument of | ||
sale, (b) is not income-producing property, (c) is not
subject | ||
to a lien for unpaid real estate taxes when a claim under this | ||
Act is
filed.
| ||
(g) "Equity interest" means the current assessed valuation | ||
of the qualified
property times the fraction necessary to | ||
convert that figure to full market
value minus any outstanding | ||
debts or liens on that property. In the case of
qualifying | ||
property not having a separate assessed valuation, the | ||
appraised
value as determined by a qualified real estate | ||
appraiser shall be used instead
of the current assessed | ||
valuation.
| ||
(h) "Household income" has the meaning ascribed to that | ||
term in the Senior
Citizens and Disabled Persons Property Tax | ||
Relief and Pharmaceutical Assistance
Act.
| ||
(i) "Collector" means the county collector or, if the taxes | ||
to be deferred
are special assessments, an official designated | ||
by a unit of local government
to collect special assessments.
| ||
(Source: P.A. 92-639, eff. 1-1-03.)
| ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.30 as
follows:
| ||
(30 ILCS 805/8.30 new)
| ||
Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this
Act, no reimbursement by the State is required for the | ||
implementation of
any mandate created by this amendatory Act of |
the 94th General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|