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| Public Act 098-0615 | ||||
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing | ||||
Section 9-265 as follows:
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(35 ILCS 200/9-265)
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Sec. 9-265. Omitted property; interest; change in exempt | ||||
use or ownership. | ||||
(a)
If any property is omitted in the assessment of any | ||||
year or years, not to exceed the current assessment year and 3 | ||||
prior years, so that the
taxes, for which the property was | ||||
liable, have not been paid, or if by reason
of defective | ||||
description or assessment, taxes on any property for any year | ||||
or
years have not been paid, or if any taxes are refunded under | ||||
subsection (b) of
Section 14-5 because the taxes were assessed | ||||
in the wrong person's name, the
property, when discovered, | ||||
shall be listed and assessed by the board of review
or, in | ||||
counties with 3,000,000 or more inhabitants, by the county | ||||
assessor
either on his
or her own initiative or when so | ||||
directed by the board of appeals or board of
review. | ||||
(b) The
board of review in counties with less than | ||||
3,000,000 inhabitants or the
county assessor in counties with | ||||
3,000,000 or more inhabitants may
develop reasonable | ||||
procedures for contesting the listing of omitted
property under | ||
this Division. | ||
(c) For purposes
of this Section, "defective description or | ||
assessment" includes a description
or assessment which omits | ||
all the improvements thereon as a result of which
part of the | ||
taxes on the total value of the property as improved remain | ||
unpaid.
In the case of property subject to assessment by the | ||
Department, the property
shall be listed and assessed by the | ||
Department. All such property shall be
placed on the assessment | ||
and tax books. | ||
(d) The arrearages of taxes which might
have been assessed, | ||
with 10% interest thereon for each year or portion thereof
from | ||
2 years after the time the first correct tax bill ought to have | ||
been
received, shall be charged against the property by the | ||
county clerk.
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(e) When property or acreage omitted by either incorrect | ||
survey or other
ministerial assessor error is discovered and | ||
the owner has paid its tax
bills as received for the year or | ||
years of omission of the parcel, then the
interest authorized | ||
by this Section shall not be chargeable to the owner.
However, | ||
nothing in this Section shall prevent the collection of the | ||
principal
amount of back taxes due and owing.
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(f) If any property listed as exempt by the chief county | ||
assessment officer
has a change in use, a change in leasehold | ||
estate, or a change in titleholder
of record by purchase, | ||
grant, taking or transfer, it shall be the obligation
of the | ||
transferee to notify the chief county assessment officer in | ||
writing
within 90 days of the change. If mailed, the notice | ||
shall be sent by certified mail,
return receipt requested, and | ||
shall include the name and address of the
taxpayer, the legal | ||
description of the property, and the property index number
of | ||
the property when an index number exists. If notice is provided | ||
in person, it shall be provided on a form prescribed
by the | ||
chief county assessment officer, and the chief county | ||
assessment
officer shall provide a date stamped copy of the | ||
notice. Except as
provided in item (6) of subsection (a) of | ||
Section 9-260, item (6) of
Section 16-135, and item (6) of | ||
Section 16-140 of this Code, if the failure to give the
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notification results in the assessing official continuing to | ||
list the property
as exempt in subsequent years, the property | ||
shall be considered omitted
property for purposes of this Code.
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(g) In counties with fewer than 3,000,000 inhabitants, if a
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chief county assessment officer discovers at any time before
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judgment that a property has been granted a homestead exemption
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under Article 15 of this Code to which it was not entitled,
the | ||
chief county assessment officer may consider the erroneously
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exempt portion of the property as omitted property under this
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Section for that taxable year only. | ||
(Source: P.A. 96-1553, eff. 3-10-11.)
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