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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3588 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/9-275 | | 35 ILCS 200/Art. 10 Div. 21 heading new | | 35 ILCS 200/10-800 | was 35 ILCS 200/15-174 | 35 ILCS 200/Art. 15 Div. 1 heading new | | 35 ILCS 200/15-13 new | | 35 ILCS 200/Art. 15 Div. 2 heading new | | 35 ILCS 200/15-163 new | | 35 ILCS 200/15-167 | | 35 ILCS 200/15-168 | | 35 ILCS 200/15-169 | | 35 ILCS 200/15-170 | | 35 ILCS 200/15-172 | | 35 ILCS 200/15-173 | | 35 ILCS 200/15-175 | | 35 ILCS 200/15-176 | | 35 ILCS 200/15-177 | | 35 ILCS 200/15-180 | | 35 ILCS 200/Art. 15 Div. 3 heading new | | 35 ILCS 200/15-261 new | | 35 ILCS 200/15-262 new | | 35 ILCS 200/15-263 new | | 35 ILCS 200/15-265 new | | 35 ILCS 200/15-267 new | | 35 ILCS 200/15-268 new | | 35 ILCS 200/15-269 new | | 35 ILCS 200/15-270 new | | 35 ILCS 200/15-272 new | | 35 ILCS 200/15-273 new | | 35 ILCS 200/15-275 new | | 35 ILCS 200/15-280 new | |
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Amends the Property Tax Code. Makes structural changes concerning homestead exemptions by creating separate divisions for homestead exemptions in counties with 3,000,000 or more inhabitants and counties with fewer than 3,000,000 inhabitants. Effective January 1, 2020.
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| | A BILL FOR |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by renumbering |
5 | | Section 15-174, by changing Sections 9-275, 15-167, 15-168, |
6 | | 15-169, 15-170, 15-172, 15-173, 15-175, 15-176, 15-177, and |
7 | | 15-180, by adding Division headings to Division 21 of Article |
8 | | 10, Division 1 of Article 15, and Division 2 of Article 15, and |
9 | | by adding Sections 15-13 and 15-163 and Division 3 of Article |
10 | | 15 as follows: |
11 | | (35 ILCS 200/9-275) |
12 | | Sec. 9-275. Erroneous homestead exemptions. |
13 | | (a) For purposes of this Section: |
14 | | "Erroneous homestead exemption" means a homestead |
15 | | exemption that was granted for real property in a taxable year |
16 | | if the property was not eligible for that exemption in that |
17 | | taxable year. If the taxpayer receives an erroneous homestead |
18 | | exemption under a single Section of this Code for the same |
19 | | property in multiple years, that exemption is considered a |
20 | | single erroneous homestead exemption for purposes of this |
21 | | Section. However, if the taxpayer receives erroneous homestead |
22 | | exemptions under multiple Sections of this Code for the same |
23 | | property, or if the taxpayer receives erroneous homestead |
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1 | | exemptions under the same Section of this Code for multiple |
2 | | properties, then each of those exemptions is considered a |
3 | | separate erroneous homestead exemption for purposes of this |
4 | | Section. |
5 | | "Homestead exemption" means an exemption under Division 2 |
6 | | of Article 15 of this Code Section 15-165 (veterans with |
7 | | disabilities), 15-167 (returning veterans), 15-168 (persons |
8 | | with disabilities), 15-169 (standard homestead for veterans |
9 | | with disabilities), 15-170 (senior citizens), 15-172 (senior |
10 | | citizens assessment freeze), 15-175 (general homestead), |
11 | | 15-176 (alternative general homestead), or 15-177 (long-time |
12 | | occupant) . |
13 | | "Erroneous exemption principal amount" means the total |
14 | | difference between the property taxes actually billed to a |
15 | | property index number and the amount of property taxes that |
16 | | would have been billed but for the erroneous exemption or |
17 | | exemptions. |
18 | | "Taxpayer" means the property owner or leasehold owner that |
19 | | erroneously received a homestead exemption upon property. |
20 | | (b) Notwithstanding any other provision of law, in counties |
21 | | with 3,000,000 or more inhabitants, the chief county assessment |
22 | | officer shall include the following information with each |
23 | | assessment notice sent in a general assessment year: (1) a list |
24 | | of each homestead exemption available under Article 15 of this |
25 | | Code and a description of the eligibility criteria for that |
26 | | exemption; (2) a list of each homestead exemption applied to |
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1 | | the property in the current assessment year; (3) information |
2 | | regarding penalties and interest that may be incurred under |
3 | | this Section if the taxpayer received an erroneous homestead |
4 | | exemption in a previous taxable year; and (4) notice of the |
5 | | 60-day grace period available under this subsection. If, within |
6 | | 60 days after receiving his or her assessment notice, the |
7 | | taxpayer notifies the chief county assessment officer that he |
8 | | or she received an erroneous homestead exemption in a previous |
9 | | taxable year, and if the taxpayer pays the erroneous exemption |
10 | | principal amount, plus interest as provided in subsection (f), |
11 | | then the taxpayer shall not be liable for the penalties |
12 | | provided in subsection (f) with respect to that exemption. |
13 | | (c) In counties with 3,000,000 or more inhabitants, when |
14 | | the chief county assessment officer determines that one or more |
15 | | erroneous homestead exemptions was applied to the property, the |
16 | | erroneous exemption principal amount, together with all |
17 | | applicable interest and penalties as provided in subsections |
18 | | (f) and (j), shall constitute a lien in the name of the People |
19 | | of Cook County on the property receiving the erroneous |
20 | | homestead exemption. Upon becoming aware of the existence of |
21 | | one or more erroneous homestead exemptions, the chief county |
22 | | assessment officer shall cause to be served, by both regular |
23 | | mail and certified mail, a notice of discovery as set forth in |
24 | | subsection (c-5). The chief county assessment officer in a |
25 | | county with 3,000,000 or more inhabitants may cause a lien to |
26 | | be recorded against property that (1) is located in the county |
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1 | | and (2) received one or more erroneous homestead exemptions if, |
2 | | upon determination of the chief county assessment officer, the |
3 | | taxpayer received: (A) one or 2 erroneous homestead exemptions |
4 | | for real property, including at least one erroneous homestead |
5 | | exemption granted for the property against which the lien is |
6 | | sought, during any of the 3 collection years immediately prior |
7 | | to the current collection year in which the notice of discovery |
8 | | is served; or (B) 3 or more erroneous homestead exemptions for |
9 | | real property, including at least one erroneous homestead |
10 | | exemption granted for the property against which the lien is |
11 | | sought, during any of the 6 collection years immediately prior |
12 | | to the current collection year in which the notice of discovery |
13 | | is served. Prior to recording the lien against the property, |
14 | | the chief county assessment officer shall cause to be served, |
15 | | by both regular mail and certified mail, return receipt |
16 | | requested, on the person to whom the most recent tax bill was |
17 | | mailed and the owner of record, a notice of intent to record a |
18 | | lien against the property. The chief county assessment officer |
19 | | shall cause the notice of intent to record a lien to be served |
20 | | within 3 years from the date on which the notice of discovery |
21 | | was served. |
22 | | (c-5) The notice of discovery described in subsection (c) |
23 | | shall: (1) identify, by property index number, the property for |
24 | | which the chief county assessment officer has knowledge |
25 | | indicating the existence of an erroneous homestead exemption; |
26 | | (2) set forth the taxpayer's liability for principal, interest, |
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1 | | penalties, and administrative costs including, but not limited |
2 | | to, recording fees described in subsection (f); (3) inform the |
3 | | taxpayer that he or she will be served with a notice of intent |
4 | | to record a lien within 3 years from the date of service of the |
5 | | notice of discovery; (4) inform the taxpayer that he or she may |
6 | | pay the outstanding amount, plus interest, penalties, and |
7 | | administrative costs at any time prior to being served with the |
8 | | notice of intent to record a lien or within 30 days after the |
9 | | notice of intent to record a lien is served; and (5) inform the |
10 | | taxpayer that, if the taxpayer provided notice to the chief |
11 | | county assessment officer as provided in subsection (d-1) of |
12 | | Section 15-175 of this Code, upon submission by the taxpayer of |
13 | | evidence of timely notice and receipt thereof by the chief |
14 | | county assessment officer, the chief county assessment officer |
15 | | will withdraw the notice of discovery and reissue a notice of |
16 | | discovery in compliance with this Section in which the taxpayer |
17 | | is not liable for interest and penalties for the current tax |
18 | | year in which the notice was received. |
19 | | For the purposes of this subsection (c-5): |
20 | | "Collection year" means the year in which the first and |
21 | | second installment of the current tax year is billed. |
22 | | "Current tax year" means the year prior to the collection |
23 | | year. |
24 | | (d) The notice of intent to record a lien described in |
25 | | subsection (c) shall: (1) identify, by property index number, |
26 | | the property against which the lien is being sought; (2) |
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1 | | identify each specific homestead exemption that was |
2 | | erroneously granted and the year or years in which each |
3 | | exemption was granted; (3) set forth the erroneous exemption |
4 | | principal amount due and the interest amount and any penalty |
5 | | and administrative costs due; (4) inform the taxpayer that he |
6 | | or she may request a hearing within 30 days after service and |
7 | | may appeal the hearing officer's ruling to the circuit court; |
8 | | (5) inform the taxpayer that he or she may pay the erroneous |
9 | | exemption principal amount, plus interest and penalties, |
10 | | within 30 days after service; and (6) inform the taxpayer that, |
11 | | if the lien is recorded against the property, the amount of the |
12 | | lien will be adjusted to include the applicable recording fee |
13 | | and that fees for recording a release of the lien shall be |
14 | | incurred by the taxpayer. A lien shall not be filed pursuant to |
15 | | this Section if the taxpayer pays the erroneous exemption |
16 | | principal amount, plus penalties and interest, within 30 days |
17 | | of service of the notice of intent to record a lien. |
18 | | (e) The notice of intent to record a lien shall also |
19 | | include a form that the taxpayer may return to the chief county |
20 | | assessment officer to request a hearing. The taxpayer may |
21 | | request a hearing by returning the form within 30 days after |
22 | | service. The hearing shall be held within 90 days after the |
23 | | taxpayer is served. The chief county assessment officer shall |
24 | | promulgate rules of service and procedure for the hearing. The |
25 | | chief county assessment officer must generally follow rules of |
26 | | evidence and practices that prevail in the county circuit |
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1 | | courts, but, because of the nature of these proceedings, the |
2 | | chief county assessment officer is not bound by those rules in |
3 | | all particulars. The chief county assessment officer shall |
4 | | appoint a hearing officer to oversee the hearing. The taxpayer |
5 | | shall be allowed to present evidence to the hearing officer at |
6 | | the hearing. After taking into consideration all the relevant |
7 | | testimony and evidence, the hearing officer shall make an |
8 | | administrative decision on whether the taxpayer was |
9 | | erroneously granted a homestead exemption for the taxable year |
10 | | in question. The taxpayer may appeal the hearing officer's |
11 | | ruling to the circuit court of the county where the property is |
12 | | located as a final administrative decision under the |
13 | | Administrative Review Law. |
14 | | (f) A lien against the property imposed under this Section |
15 | | shall be filed with the county recorder of deeds, but may not |
16 | | be filed sooner than 60 days after the notice of intent to |
17 | | record a lien was delivered to the taxpayer if the taxpayer |
18 | | does not request a hearing, or until the conclusion of the |
19 | | hearing and all appeals if the taxpayer does request a hearing. |
20 | | If a lien is filed pursuant to this Section and the taxpayer |
21 | | received one or 2 erroneous homestead exemptions during any of |
22 | | the 3 collection years immediately prior to the current |
23 | | collection year in which the notice of discovery is served, |
24 | | then the erroneous exemption principal amount, plus 10% |
25 | | interest per annum or portion thereof from the date the |
26 | | erroneous exemption principal amount would have become due if |
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1 | | properly included in the tax bill, shall be charged against the |
2 | | property by the chief county assessment officer. However, if a |
3 | | lien is filed pursuant to this Section and the taxpayer |
4 | | received 3 or more erroneous homestead exemptions during any of |
5 | | the 6 collection years immediately prior to the current |
6 | | collection year in which the notice of discovery is served, the |
7 | | erroneous exemption principal amount, plus a penalty of 50% of |
8 | | the total amount of the erroneous exemption principal amount |
9 | | for that property and 10% interest per annum or portion thereof |
10 | | from the date the erroneous exemption principal amount would |
11 | | have become due if properly included in the tax bill, shall be |
12 | | charged against the property by the chief county assessment |
13 | | officer. If a lien is filed pursuant to this Section, the |
14 | | taxpayer shall not be liable for interest that accrues between |
15 | | the date the notice of discovery is served and the date the |
16 | | lien is filed. Before recording the lien with the county |
17 | | recorder of deeds, the chief county assessment officer shall |
18 | | adjust the amount of the lien to add administrative costs, |
19 | | including but not limited to the applicable recording fee, to |
20 | | the total lien amount. |
21 | | (g) If a person received an erroneous homestead exemption |
22 | | under Section 15-170 and: (1) the person was the spouse, child, |
23 | | grandchild, brother, sister, niece, or nephew of the previous |
24 | | taxpayer; and (2) the person received the property by bequest |
25 | | or inheritance; then the person is not liable for the penalties |
26 | | imposed under this Section for any year or years during which |
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1 | | the chief county assessment officer did not require an annual |
2 | | application for the exemption. However, that person is |
3 | | responsible for any interest owed under subsection (f). |
4 | | (h) If the erroneous homestead exemption was granted as a |
5 | | result of a clerical error or omission on the part of the chief |
6 | | county assessment officer, and if the taxpayer has paid the tax |
7 | | bills as received for the year in which the error occurred, |
8 | | then the interest and penalties authorized by this Section with |
9 | | respect to that homestead exemption shall not be chargeable to |
10 | | the taxpayer. However, nothing in this Section shall prevent |
11 | | the collection of the erroneous exemption principal amount due |
12 | | and owing. |
13 | | (i) A lien under this Section is not valid as to (1) any |
14 | | bona fide purchaser for value without notice of the erroneous |
15 | | homestead exemption whose rights in and to the underlying |
16 | | parcel arose after the erroneous homestead exemption was |
17 | | granted but before the filing of the notice of lien; or (2) any |
18 | | mortgagee, judgment creditor, or other lienor whose rights in |
19 | | and to the underlying parcel arose before the filing of the |
20 | | notice of lien. A title insurance policy for the property that |
21 | | is issued by a title company licensed to do business in the |
22 | | State showing that the property is free and clear of any liens |
23 | | imposed under this Section shall be prima facie evidence that |
24 | | the taxpayer is without notice of the erroneous homestead |
25 | | exemption. Nothing in this Section shall be deemed to impair |
26 | | the rights of subsequent creditors and subsequent purchasers |
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1 | | under Section 30 of the Conveyances Act. |
2 | | (j) When a lien is filed against the property pursuant to |
3 | | this Section, the chief county assessment officer shall mail a |
4 | | copy of the lien to the person to whom the most recent tax bill |
5 | | was mailed and to the owner of record, and the outstanding |
6 | | liability created by such a lien is due and payable within 30 |
7 | | days after the mailing of the lien by the chief county |
8 | | assessment officer. This liability is deemed delinquent and |
9 | | shall bear interest beginning on the day after the due date at |
10 | | a rate of 1.5% per month or portion thereof. Payment shall be |
11 | | made to the county treasurer. Upon receipt of the full amount |
12 | | due, as determined by the chief county assessment officer, the |
13 | | county treasurer shall distribute the amount paid as provided |
14 | | in subsection (k). Upon presentment by the taxpayer to the |
15 | | chief county assessment officer of proof of payment of the |
16 | | total liability, the chief county assessment officer shall |
17 | | provide in reasonable form a release of the lien. The release |
18 | | of the lien provided shall clearly inform the taxpayer that it |
19 | | is the responsibility of the taxpayer to record the lien |
20 | | release form with the county recorder of deeds and to pay any |
21 | | applicable recording fees. |
22 | | (k) The county treasurer shall pay collected erroneous |
23 | | exemption principal amounts, pro rata, to the taxing districts, |
24 | | or their legal successors, that levied upon the subject |
25 | | property in the taxable year or years for which the erroneous |
26 | | homestead exemptions were granted, except as set forth in this |
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1 | | Section. The county treasurer shall deposit collected |
2 | | penalties and interest into a special fund established by the |
3 | | county treasurer to offset the costs of administration of the |
4 | | provisions of this Section by the chief county assessment |
5 | | officer's office, as appropriated by the county board. If the |
6 | | costs of administration of this Section exceed the amount of |
7 | | interest and penalties collected in the special fund, the chief |
8 | | county assessor shall be reimbursed by each taxing district or |
9 | | their legal successors for those costs. Such costs shall be |
10 | | paid out of the funds collected by the county treasurer on |
11 | | behalf of each taxing district pursuant to this Section. |
12 | | (l) The chief county assessment officer in a county with |
13 | | 3,000,000 or more inhabitants shall establish an amnesty period |
14 | | for all taxpayers owing any tax due to an erroneous homestead |
15 | | exemption granted in a tax year prior to the 2013 tax year. The |
16 | | amnesty period shall begin on the effective date of this |
17 | | amendatory Act of the 98th General Assembly and shall run |
18 | | through December 31, 2013. If, during the amnesty period, the |
19 | | taxpayer pays the entire arrearage of taxes due for tax years |
20 | | prior to 2013, the county clerk shall abate and not seek to |
21 | | collect any interest or penalties that may be applicable and |
22 | | shall not seek civil or criminal prosecution for any taxpayer |
23 | | for tax years prior to 2013. Failure to pay all such taxes due |
24 | | during the amnesty period established under this Section shall |
25 | | invalidate the amnesty period for that taxpayer. |
26 | | The chief county assessment officer in a county with |
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1 | | 3,000,000 or more inhabitants shall (i) mail notice of the |
2 | | amnesty period with the tax bills for the second installment of |
3 | | taxes for the 2012 assessment year and (ii) as soon as possible |
4 | | after the effective date of this amendatory Act of the 98th |
5 | | General Assembly, publish notice of the amnesty period in a |
6 | | newspaper of general circulation in the county. Notices shall |
7 | | include information on the amnesty period, its purpose, and the |
8 | | method by which to make payment. |
9 | | Taxpayers who are a party to any criminal investigation or |
10 | | to any civil or criminal litigation that is pending in any |
11 | | circuit court or appellate court, or in the Supreme Court of |
12 | | this State, for nonpayment, delinquency, or fraud in relation |
13 | | to any property tax imposed by any taxing district located in |
14 | | the State on the effective date of this amendatory Act of the |
15 | | 98th General Assembly may not take advantage of the amnesty |
16 | | period. |
17 | | A taxpayer who has claimed 3 or more homestead exemptions |
18 | | in error shall not be eligible for the amnesty period |
19 | | established under this subsection.
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20 | | (Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14; |
21 | | 98-811, eff. 1-1-15; 98-1143, eff. 1-1-15; 99-143, eff. |
22 | | 7-27-15; 99-851, eff. 8-19-16.) |
23 | | (35 ILCS 200/Art. 10 Div. 21 heading new) |
24 | | Division 21. Community stabilization assessment freeze pilot |
25 | | program |
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1 | | (35 ILCS 200/10-800) (was 35 ILCS 200/15-174) |
2 | | Sec. 10-800 15-174 . Community stabilization assessment |
3 | | freeze pilot program. |
4 | | (a) Beginning January 1, 2015 and ending June 30, 2029, the |
5 | | chief county assessment officer of any county may reduce the |
6 | | assessed value of improvements to residential real property in |
7 | | accordance with subsection (b) for 10 taxable years after the |
8 | | improvements are put in service, if and only if all of the |
9 | | following factors have been met: |
10 | | (1) the improvements are residential; |
11 | | (2) the parcel was purchased or otherwise conveyed to |
12 | | the taxpayer after January 1 of the taxable year and that |
13 | | conveyance was not a tax sale as required under the |
14 | | Property Tax Code; |
15 | | (3) the parcel is located in a targeted area; |
16 | | (4) for single family homes, the taxpayer occupies the |
17 | | improvements on the parcel as his or her primary residence; |
18 | | for residences of one to 6 units that will not be |
19 | | owner-occupied, the taxpayer replaces 2 primary building |
20 | | systems as outlined in this Section; |
21 | | (5) the transfer from the holder of the prior mortgage |
22 | | to the taxpayer was an arm's length transaction, in that |
23 | | the taxpayer has no legal relationship to the holder of the |
24 | | prior mortgage; |
25 | | (6) an existing residential dwelling structure of no |
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1 | | more than 6 units on the parcel was unoccupied at the time |
2 | | of conveyance for a minimum of 6 months, or the parcel was |
3 | | ordered by a court of competent jurisdiction to be |
4 | | deconverted in accordance with the provisions governing |
5 | | distressed condominiums as provided in the Condominium |
6 | | Property Act; |
7 | | (7) the parcel is clear of unreleased liens and has no |
8 | | outstanding tax liabilities attached against it; and |
9 | | (8) the purchase price did not exceed the Federal |
10 | | Housing Administration's loan limits then in place for the |
11 | | area in which the improvement is located. |
12 | | To be eligible for the benefit
conferred by this Section, |
13 | | residential units must (i) meet local building codes, or if |
14 | | there are no local building codes, Housing Quality Standards, |
15 | | as determined by the U.S. Department of Housing and Urban |
16 | | Development from time to time and (ii) be owner-occupied or in |
17 | | need of substantial rehabilitation. "Substantial |
18 | | rehabilitation" means, at a minimum, compliance with local |
19 | | building codes and the replacement or renovation of at least 2
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20 | | primary building systems. Although the cost of each primary |
21 | | building system may vary, the combined expenditure for making |
22 | | the building compliant with local codes and replacing primary |
23 | | building systems must be at least $5 per square foot, adjusted |
24 | | by the Consumer Price Index for All Urban Consumers, as |
25 | | published annually by the U.S. Department of Labor. "Primary |
26 | | building systems", together with their related |
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1 | | rehabilitations, specifically approved for this program are: |
2 | | (1) Electrical. All electrical work must comply with |
3 | | applicable codes; it may consist of a combination of any of |
4 | | the following alternatives: |
5 | | (A) installing individual equipment and appliance |
6 | | branch circuits as required by code (the minimum being |
7 | | a kitchen appliance branch circuit); |
8 | | (B) installing a new emergency service, including |
9 | | emergency lighting with all associated conduits and
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10 | | wiring; |
11 | | (C) rewiring all existing feeder conduits ("home |
12 | | runs") from the main switchgear to apartment area
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13 | | distribution panels; |
14 | | (D) installing new in-wall conduits for |
15 | | receptacles, switches, appliances, equipment, and
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16 | | fixtures; |
17 | | (E) replacing power wiring for receptacles, |
18 | | switches, appliances, equipment, and fixtures; |
19 | | (F) installing new light fixtures throughout the |
20 | | building including closets and central areas; |
21 | | (G) replacing, adding, or doing work as necessary |
22 | | to bring all receptacles, switches, and other
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23 | | electrical devices into code compliance; |
24 | | (H) installing a new main service, including |
25 | | conduit, cables into the building, and main disconnect
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26 | | switch; and |
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1 | | (I) installing new distribution panels, including |
2 | | all panel wiring, terminals, circuit breakers, and all
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3 | | other panel devices. |
4 | | (2) Heating. All heating work must comply with |
5 | | applicable codes; it may consist of a combination of any of |
6 | | the following alternatives: |
7 | | (A) installing a new system to replace one of the |
8 | | following heat distribution systems: (i) piping and |
9 | | heat radiating units, including new main line venting |
10 | | and radiator venting; or (ii) duct work, diffusers, and |
11 | | cold air returns; or (iii) any other type of existing |
12 | | heat distribution and radiation/diffusion components; |
13 | | or |
14 | | (B) installing a new system to replace one of the |
15 | | following heat generating units: (i) hot water/steam |
16 | | boiler; (ii) gas furnace; or (iii) any other type of |
17 | | existing heat generating unit. |
18 | | (3) Plumbing. All plumbing work must comply with |
19 | | applicable codes. Replace all or a part of the in-wall
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20 | | supply and waste plumbing; however, main supply risers, |
21 | | waste stacks and vents, and code-conforming waste lines |
22 | | need not be replaced. |
23 | | (4) Roofing. All roofing work must comply with |
24 | | applicable codes; it may consist of either of the following |
25 | | alternatives, separately or in combination: |
26 | | (A) replacing all rotted roof decks and |
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1 | | insulation; or |
2 | | (B) replacing or repairing leaking roof membranes
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3 | | (10% is the suggested minimum replacement of |
4 | | membrane);
restoration of the entire roof is an |
5 | | acceptable substitute for membrane replacement. |
6 | | (5) Exterior doors and windows. Replace the exterior |
7 | | doors and windows. Renovation of ornate entry doors is an |
8 | | acceptable substitute for replacement. |
9 | | (6) Floors, walls, and ceilings. Finishes must be |
10 | | replaced or covered over with new material. Acceptable |
11 | | replacement or covering materials are as follows: |
12 | | (A) floors must have new carpeting, vinyl tile, |
13 | | ceramic, refurbished wood finish, or a similar
|
14 | | substitute; |
15 | | (B) walls must have new drywall, including joint |
16 | | taping and painting; or |
17 | | (C) new ceilings must be either drywall, suspended |
18 | | type, or a similar substitute. |
19 | | (7) Exterior walls. |
20 | | (A) replace loose or crumbling mortar and masonry |
21 | | with new material; |
22 | | (B) replace or paint wall siding and trim as |
23 | | needed; |
24 | | (C) bring porches and balconies to a sound |
25 | | condition; or |
26 | | (D) any combination of (A), (B), and (C). |
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1 | | (8) Elevators. Where applicable, at least 4 of the |
2 | | following 7 alternatives must be accomplished: |
3 | | (A) replace or rebuild the machine room controls |
4 | | and refurbish the elevator machine (or equivalent
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5 | | mechanisms in the case of hydraulic elevators); |
6 | | (B) replace hoistway electro-mechanical items |
7 | | including: ropes, switches, limits, buffers, levelers,
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8 | | and deflector sheaves (or equivalent mechanisms in the |
9 | | case of hydraulic elevators); |
10 | | (C) replace hoistway wiring; |
11 | | (D) replace door operators and linkage; |
12 | | (E) replace door panels at each opening; |
13 | | (F) replace hall stations, car stations, and |
14 | | signal fixtures; or |
15 | | (G) rebuild the car shell and refinish the |
16 | | interior. |
17 | | (9) Health and safety. |
18 | | (A) install or replace fire suppression systems; |
19 | | (B) install or replace security systems; or |
20 | | (C) environmental remediation of lead-based paint, |
21 | | asbestos, leaking underground storage tanks, or radon. |
22 | | (10) Energy conservation improvements undertaken to |
23 | | limit the amount of solar energy absorbed by a building's |
24 | | roof or to reduce energy use for the property, including |
25 | | any of the following activities: |
26 | | (A) installing or replacing reflective roof |
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1 | | coatings (flat roofs); |
2 | | (B) installing or replacing R-38 roof insulation; |
3 | | (C) installing or replacing R-19 perimeter wall |
4 | | insulation; |
5 | | (D) installing or replacing insulated entry doors; |
6 | | (E) installing or replacing Low E, insulated |
7 | | windows; |
8 | | (F) installing or replacing low-flow plumbing |
9 | | fixtures; |
10 | | (G) installing or replacing 90% sealed combustion |
11 | | heating systems; |
12 | | (H) installing or replacing direct exhaust hot |
13 | | water heaters; |
14 | | (I) installing or replacing mechanical ventilation |
15 | | to exterior for kitchens and baths; |
16 | | (J) installing or replacing Energy Star |
17 | | appliances; |
18 | | (K) installing low VOC interior paints on interior |
19 | | finishes; |
20 | | (L) installing or replacing fluorescent lighting |
21 | | in common areas; or |
22 | | (M) installing or replacing grading and |
23 | | landscaping to promote on-site water retention. |
24 | | (b) For the first 7 years after the improvements are placed |
25 | | in service, the assessed value of the improvements shall be |
26 | | reduced by an amount equal to 90% of the difference between the |
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1 | | base year assessed value of the improvements and the assessed |
2 | | value of the improvements in the current taxable year. The |
3 | | property will continue to be eligible for the benefits under |
4 | | this Section in the eighth and ninth taxable years after the |
5 | | improvements are placed in service, calculated as follows, if |
6 | | and only if all of the factors in subsection (a) of this |
7 | | Section continue to be met: in the eighth taxable year, the |
8 | | assessed value of the improvements shall be reduced by an |
9 | | amount equal to 65% of the difference between the base year |
10 | | assessed value of the improvements and the assessed value of |
11 | | the improvements in the current taxable year, and in the ninth |
12 | | taxable year, the assessed value of the improvements shall be |
13 | | reduced by an amount equal to 35% of the difference between the |
14 | | base year assessed value of the improvements and the assessed |
15 | | value of the improvements in the current taxable year. The |
16 | | benefit will cease in the tenth taxable year. |
17 | | (c) In order to receive benefits under this Section, in |
18 | | addition to any information required by the chief county |
19 | | assessment officer, the taxpayer must also submit the following |
20 | | information to the chief county assessment officer for review: |
21 | | (1) the owner's name; |
22 | | (2) the postal address and permanent index number of |
23 | | the parcel; |
24 | | (3) a deed or other instrument conveying the parcel to |
25 | | the current owner; |
26 | | (4) evidence that the purchase price is within the |
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1 | | Federal Housing Administration's loan limits for the area |
2 | | in which the improvement is located; |
3 | | (5) certification that the parcel was unoccupied at the |
4 | | time of conveyance to the current owner for a minimum of at |
5 | | least 6 months; |
6 | | (6) evidence that the parcel is clear of unreleased |
7 | | liens and has no outstanding tax liabilities attached |
8 | | against it; |
9 | | (7) evidence that the improvements meet local building |
10 | | codes, or if there are no local building codes, Housing |
11 | | Quality Standards, as determined by the U.S. Department of |
12 | | Housing and Urban Development from time to time, which may |
13 | | be shown by a certificate of occupancy issued by the |
14 | | appropriate local government or the certification by a home |
15 | | inspector licensed by the State of Illinois; and |
16 | | (8) any additional information as reasonably required |
17 | | by the chief county assessment officer. |
18 | | (d) The chief county assessment officer shall notify the |
19 | | taxpayer as to whether or not the parcel meets the requirements |
20 | | of this Section. If the parcel does not meet the requirements |
21 | | of this Section, the chief county assessment officer shall |
22 | | provide written notice of any deficiencies to the taxpayer, who |
23 | | will then have 14 days from the date of
notification to provide |
24 | | supplemental information showing compliance with this Section. |
25 | | If the taxpayer does not exercise this right to cure the |
26 | | deficiency, or if the information submitted, in the sole |
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1 | | judgment of the chief county assessment officer, is |
2 | | insufficient to meet the requirements of this Section, the
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3 | | chief county assessment officer shall provide a written |
4 | | explanation of the reasons for denial. A taxpayer may |
5 | | subsequently reapply for the benefit if the deficiencies are |
6 | | cured at a later date, but no later than 2019. The chief county |
7 | | assessment officer may charge a reasonable application fee to |
8 | | offset the administrative expenses associated with the |
9 | | program. |
10 | | (e) The benefit conferred by this Section is limited as |
11 | | follows: |
12 | | (1) The owner is eligible to apply for the benefit |
13 | | conferred by this Section beginning January 1, 2015 through |
14 | | December 31, 2019. If approved, the reduction will be |
15 | | effective for the current taxable year, which will be |
16 | | reflected in the tax bill issued in the following taxable |
17 | | year. |
18 | | (2) The reduction outlined in this Section shall |
19 | | continue for a period of 10 years, and may not be extended |
20 | | or renewed for any additional period. |
21 | | (3) At the completion of the assessment freeze period |
22 | | described here, the entire parcel will be assessed as |
23 | | otherwise provided in this Code. |
24 | | (4) If there is a transfer of ownership during the |
25 | | period of the assessment freeze, then the benefit conferred |
26 | | by this Section shall not apply on or after the date of |
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1 | | that transfer unless (i) the property is conveyed by an |
2 | | owner who does not occupy the improvements as a primary |
3 | | residence to an owner who will occupy the improvements as a |
4 | | primary residence and (ii) all requirements of this Section |
5 | | continue to be met. |
6 | | (f) If the taxpayer does not occupy or intend to occupy the |
7 | | residential dwelling as his or her principal residence within a |
8 | | reasonable time, as determined by the chief county assessment |
9 | | officer, the taxpayer must: |
10 | | (1) immediately secure the residential dwelling in |
11 | | accordance with the requirements of this Section; |
12 | | (2) complete sufficient rehabilitation to bring the |
13 | | improvements into compliance with local building codes, |
14 | | including, without limitation, regulations concerning |
15 | | lead-based paint and asbestos remediation; and |
16 | | (3) complete rehabilitation within 18 months of |
17 | | conveyance. |
18 | | (g) For the purposes of this Section, |
19 | | "Base year" means the taxable year prior to the taxable |
20 | | year in which the property is purchased by the eligible |
21 | | homeowner. |
22 | | "Secure" means that: |
23 | | (1) all doors and windows are closed and secured |
24 | | using secure doors, windows without broken or cracked |
25 | | panes, commercial-quality metal security panels filled |
26 | | with
like-kind material as the surrounding wall, or |
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1 | | plywood
installed and secured in accordance with local |
2 | | ordinances; at least one building entrance shall be |
3 | | accessible from the
exterior and secured with a door |
4 | | that is locked to allow
access only to authorized |
5 | | persons; |
6 | | (2) all grass and weeds on the vacant residential
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7 | | property are maintained below 10 inches in height, |
8 | | unless a
local ordinance imposes a lower height; |
9 | | (3) debris, trash, and litter on any portion of the
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10 | | exterior of the vacant residential property is removed |
11 | | in
compliance with local ordinance; |
12 | | (4) fences, gates, stairs, and steps that lead to |
13 | | the
main entrance of the building are maintained in a
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14 | | structurally sound and reasonable manner; |
15 | | (5) the property is winterized when appropriate; |
16 | | (6) the exterior of the improvements are |
17 | | reasonably
maintained to ensure the safety of |
18 | | passersby; and |
19 | | (7) vermin and pests are regularly exterminated on |
20 | | the
exterior and interior of the property. |
21 | | "Targeted area" means a distressed community that |
22 | | meets the geographic, poverty, and unemployment criteria |
23 | | for a distressed community set forth in 12 C.F.R. 1806.200.
|
24 | | (Source: P.A. 98-789, eff. 1-1-15 .) |
25 | | (35 ILCS 200/Art. 15 Div. 1 heading new) |
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1 | | Division 1. Non-homestead exemptions in all counties |
2 | | (35 ILCS 200/15-13 new) |
3 | | Sec. 15-13. Applicability. This Division 1 applies in all |
4 | | counties and encompasses this Section and Sections occurring |
5 | | after this Section and prior to Section 15-163. |
6 | | (35 ILCS 200/Art. 15 Div. 2 heading new) |
7 | | Division 2. Homestead exemptions in counties of 3,000,000 or |
8 | | more inhabitants |
9 | | (35 ILCS 200/15-163 new) |
10 | | Sec. 15-163. Applicability. This Division 2 applies in |
11 | | counties with 3,000,000 or more inhabitants and encompasses |
12 | | this Section and Sections occurring after this Section and |
13 | | prior to Section 15-261. |
14 | | (35 ILCS 200/15-167) |
15 | | Sec. 15-167. Returning Veterans' Homestead Exemption. |
16 | | (a) Beginning with taxable year 2007, a homestead |
17 | | exemption, limited to a reduction set forth under subsection |
18 | | (b), from the property's value, as equalized or assessed by the |
19 | | Department, is granted for property that is owned and occupied |
20 | | as the principal residence of a veteran returning from an armed |
21 | | conflict involving the armed forces of the United States who is |
22 | | liable for paying real estate taxes on the property and is an |
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1 | | owner of record of the property or has a legal or equitable |
2 | | interest therein as evidenced by a written instrument, except |
3 | | for a leasehold interest, other than a leasehold interest of |
4 | | land on which a single family residence is located, which is |
5 | | occupied as the principal residence of a veteran returning from |
6 | | an armed conflict involving the armed forces of the United |
7 | | States who has an ownership interest therein, legal, equitable |
8 | | or as a lessee, and on which he or she is liable for the payment |
9 | | of property taxes. For purposes of the exemption under this |
10 | | Section, "veteran" means an Illinois resident who has served as |
11 | | a member of the United States Armed Forces, a member of the |
12 | | Illinois National Guard, or a member of the United States |
13 | | Reserve Forces. |
14 | | (b) The In all counties, the reduction is $5,000 for the |
15 | | taxable year in which the veteran returns from active duty in |
16 | | an armed conflict involving the armed forces of the United |
17 | | States; however, if the veteran first acquires his or her |
18 | | principal residence during the taxable year in which he or she |
19 | | returns, but after January 1 of that year, and if the property |
20 | | is owned and occupied by the veteran as a principal residence |
21 | | on January 1 of the next taxable year, he or she may apply the |
22 | | exemption for the next taxable year, and only the next taxable |
23 | | year, after he or she returns. Beginning in taxable year 2010, |
24 | | the reduction shall also be allowed for the taxable year after |
25 | | the taxable year in which the veteran returns from active duty |
26 | | in an armed conflict involving the armed forces of the United |
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1 | | States. For land improved with an apartment building owned and |
2 | | operated as a cooperative, the maximum reduction from the value |
3 | | of the property, as equalized by the Department, must be |
4 | | multiplied by the number of apartments or units occupied by a |
5 | | veteran returning from an armed conflict involving the armed |
6 | | forces of the United States who is liable, by contract with the |
7 | | owner or owners of record, for paying property taxes on the |
8 | | property and is an owner of record of a legal or equitable |
9 | | interest in the cooperative apartment building, other than a |
10 | | leasehold interest. In a cooperative where a homestead |
11 | | exemption has been granted, the cooperative association or the |
12 | | management firm of the cooperative or facility shall credit the |
13 | | savings resulting from that exemption only to the apportioned |
14 | | tax liability of the owner or resident who qualified for the |
15 | | exemption. Any person who willfully refuses to so credit the |
16 | | savings is guilty of a Class B misdemeanor. |
17 | | (c) Application must be made during the application period |
18 | | in effect for the county of his or her residence. The assessor |
19 | | or chief county assessment officer may determine the |
20 | | eligibility of residential property to receive the homestead |
21 | | exemption provided by this Section by application, visual |
22 | | inspection, questionnaire, or other reasonable methods. The |
23 | | determination must be made in accordance with guidelines |
24 | | established by the Department. |
25 | | (d) The exemption under this Section is in addition to any |
26 | | other homestead exemption provided in this Article 15. |
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1 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, no |
2 | | reimbursement by the State is required for the implementation |
3 | | of any mandate created by this Section.
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4 | | (Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10; |
5 | | 97-333, eff. 8-12-11.) |
6 | | (35 ILCS 200/15-168) |
7 | | Sec. 15-168. Homestead exemption for persons with |
8 | | disabilities. |
9 | | (a) Beginning with taxable year 2007, an
annual homestead |
10 | | exemption is granted to persons with disabilities in
the amount |
11 | | of $2,000, except as provided in subsection (c), to
be deducted |
12 | | from the property's value as equalized or assessed
by the |
13 | | Department of Revenue. The person with a disability shall |
14 | | receive
the homestead exemption upon meeting the following
|
15 | | requirements: |
16 | | (1) The property must be occupied as the primary |
17 | | residence by the person with a disability. |
18 | | (2) The person with a disability must be liable for |
19 | | paying the
real estate taxes on the property. |
20 | | (3) The person with a disability must be an owner of |
21 | | record of
the property or have a legal or equitable |
22 | | interest in the
property as evidenced by a written |
23 | | instrument. In the case
of a leasehold interest in |
24 | | property, the lease must be for
a single family residence. |
25 | | A person who has a disability during the taxable year
is |
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1 | | eligible to apply for this homestead exemption during that
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2 | | taxable year. Application must be made during the
application |
3 | | period in effect for the county of residence. If a
homestead |
4 | | exemption has been granted under this Section and the
person |
5 | | awarded the exemption subsequently becomes a resident of
a |
6 | | facility licensed under the Nursing Home Care Act, the |
7 | | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD |
8 | | Community Care Act, or the MC/DD Act, then the
exemption shall |
9 | | continue (i) so long as the residence continues
to be occupied |
10 | | by the qualifying person's spouse or (ii) if the
residence |
11 | | remains unoccupied but is still owned by the person
qualified |
12 | | for the homestead exemption. |
13 | | (b) For the purposes of this Section, "person with a |
14 | | disability"
means a person unable to engage in any substantial |
15 | | gainful activity by reason of a medically determinable physical |
16 | | or mental impairment which can be expected to result in death |
17 | | or has lasted or can be expected to last for a continuous |
18 | | period of not less than 12 months. Persons with disabilities |
19 | | filing claims under this Act shall submit proof of disability |
20 | | in such form and manner as the Department shall by rule and |
21 | | regulation prescribe. Proof that a claimant is eligible to |
22 | | receive disability benefits under the Federal Social Security |
23 | | Act shall constitute proof of disability for purposes of this |
24 | | Act. Issuance of an Illinois Person with a Disability |
25 | | Identification Card stating that the claimant is under a Class |
26 | | 2 disability, as defined in Section 4A of the Illinois |
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1 | | Identification Card Act, shall constitute proof that the person |
2 | | named thereon is a person with a disability for purposes of |
3 | | this Act. A person with a disability not covered under the |
4 | | Federal Social Security Act and not presenting an Illinois |
5 | | Person with a Disability Identification Card stating that the |
6 | | claimant is under a Class 2 disability shall be examined by a |
7 | | physician, advanced practice registered nurse, or physician |
8 | | assistant designated by the Department, and his status as a |
9 | | person with a disability determined using the same standards as |
10 | | used by the Social Security Administration. The costs of any |
11 | | required examination shall be borne by the claimant. |
12 | | (c) For land improved with (i) an apartment building owned
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13 | | and operated as a cooperative or (ii) a life care facility as
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14 | | defined under Section 2 of the Life Care Facilities Act that is
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15 | | considered to be a cooperative, the maximum reduction from the
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16 | | value of the property, as equalized or assessed by the
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17 | | Department, shall be multiplied by the number of apartments or
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18 | | units occupied by a person with a disability. The person with a |
19 | | disability shall
receive the homestead exemption upon meeting |
20 | | the following
requirements: |
21 | | (1) The property must be occupied as the primary |
22 | | residence by the
person with a disability. |
23 | | (2) The person with a disability must be liable by |
24 | | contract with
the owner or owners of record for paying the |
25 | | apportioned
property taxes on the property of the |
26 | | cooperative or life
care facility. In the case of a life |
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1 | | care facility, the
person with a disability must be liable |
2 | | for paying the apportioned
property taxes under a life care |
3 | | contract as defined in Section 2 of the Life Care |
4 | | Facilities Act. |
5 | | (3) The person with a disability must be an owner of |
6 | | record of a
legal or equitable interest in the cooperative |
7 | | apartment
building. A leasehold interest does not meet this
|
8 | | requirement.
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9 | | If a homestead exemption is granted under this subsection, the
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10 | | cooperative association or management firm shall credit the
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11 | | savings resulting from the exemption to the apportioned tax
|
12 | | liability of the qualifying person with a disability. The |
13 | | assessor chief county
assessment officer may request |
14 | | reasonable proof that the
association or firm has properly |
15 | | credited the exemption. A
person who willfully refuses to |
16 | | credit an exemption to the
qualified person with a disability |
17 | | is guilty of a Class B misdemeanor.
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18 | | (d) The assessor chief county assessment officer shall |
19 | | determine the
eligibility of property to receive the homestead |
20 | | exemption
according to guidelines established by the |
21 | | Department. After a
person has received an exemption under this |
22 | | Section, an annual
verification of eligibility for the |
23 | | exemption shall be mailed
to the taxpayer. |
24 | | In counties with fewer than 3,000,000 inhabitants, the |
25 | | chief county assessment officer shall provide to each
person |
26 | | granted a homestead exemption under this Section a form
to |
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1 | | designate any other person to receive a duplicate of any
notice |
2 | | of delinquency in the payment of taxes assessed and
levied |
3 | | under this Code on the person's qualifying property. The
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4 | | duplicate notice shall be in addition to the notice required to
|
5 | | be provided to the person receiving the exemption and shall be |
6 | | given in the manner required by this Code. The person filing
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7 | | the request for the duplicate notice shall pay an
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8 | | administrative fee of $5 to the chief county assessment
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9 | | officer. The assessment officer shall then file the executed
|
10 | | designation with the county collector, who shall issue the
|
11 | | duplicate notices as indicated by the designation. A
|
12 | | designation may be rescinded by the person with a disability in |
13 | | the
manner required by the chief county assessment officer. |
14 | | (e) A taxpayer who claims an exemption under Section 15-165 |
15 | | or 15-169 may not claim an exemption under this Section.
|
16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
17 | | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-513, eff. |
18 | | 1-1-18 .) |
19 | | (35 ILCS 200/15-169) |
20 | | Sec. 15-169. Homestead exemption for veterans with |
21 | | disabilities. |
22 | | (a) Beginning with taxable year 2007, an annual homestead |
23 | | exemption, limited to the amounts set forth in subsections (b) |
24 | | and (b-3), is granted for property that is used as a qualified |
25 | | residence by a veteran with a disability. |
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1 | | (b) For taxable years prior to 2015, the amount of the |
2 | | exemption under this Section is as follows: |
3 | | (1) for veterans with a service-connected disability |
4 | | of at least (i) 75% for exemptions granted in taxable years |
5 | | 2007 through 2009 and (ii) 70% for exemptions granted in |
6 | | taxable year 2010 and each taxable year thereafter, as |
7 | | certified by the United States Department of Veterans |
8 | | Affairs, the annual exemption is $5,000; and |
9 | | (2) for veterans with a service-connected disability |
10 | | of at least 50%, but less than (i) 75% for exemptions |
11 | | granted in taxable years 2007 through 2009 and (ii) 70% for |
12 | | exemptions granted in taxable year 2010 and each taxable |
13 | | year thereafter, as certified by the United States |
14 | | Department of Veterans Affairs, the annual exemption is |
15 | | $2,500. |
16 | | (b-3) For taxable years 2015 and thereafter: |
17 | | (1) if the veteran has a service connected disability |
18 | | of 30% or more but less than 50%, as certified by the |
19 | | United States Department of Veterans Affairs, then the |
20 | | annual exemption is $2,500; |
21 | | (2) if the veteran has a service connected disability |
22 | | of 50% or more but less than 70%, as certified by the |
23 | | United States Department of Veterans Affairs, then the |
24 | | annual exemption is $5,000; and |
25 | | (3) if the veteran has a service connected disability |
26 | | of 70% or more, as certified by the United States |
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1 | | Department of Veterans Affairs, then the property is exempt |
2 | | from taxation under this Code. |
3 | | (b-5) If a homestead exemption is granted under this |
4 | | Section and the person awarded the exemption subsequently |
5 | | becomes a resident of a facility licensed under the Nursing |
6 | | Home Care Act or a facility operated by the United States |
7 | | Department of Veterans Affairs, then the exemption shall |
8 | | continue (i) so long as the residence continues to be occupied |
9 | | by the qualifying person's spouse or (ii) if the residence |
10 | | remains unoccupied but is still owned by the person who |
11 | | qualified for the homestead exemption. |
12 | | (c) The tax exemption under this Section carries over to |
13 | | the benefit of the veteran's
surviving spouse as long as the |
14 | | spouse holds the legal or
beneficial title to the homestead, |
15 | | permanently resides
thereon, and does not remarry. If the |
16 | | surviving spouse sells
the property, an exemption not to exceed |
17 | | the amount granted
from the most recent ad valorem tax roll may |
18 | | be transferred to
his or her new residence as long as it is |
19 | | used as his or her
primary residence and he or she does not |
20 | | remarry. |
21 | | (c-1) Beginning with taxable year 2015, nothing in this |
22 | | Section shall require the veteran to have qualified for or |
23 | | obtained the exemption before death if the veteran was killed |
24 | | in the line of duty. |
25 | | (d) The exemption under this Section applies for taxable |
26 | | year 2007 and thereafter. A taxpayer who claims an exemption |
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1 | | under Section 15-165 or 15-168 may not claim an exemption under |
2 | | this Section. |
3 | | (e) Each taxpayer who has been granted an exemption under |
4 | | this Section must reapply on an annual basis. Application must |
5 | | be made during the application period
in effect for the county |
6 | | of his or her residence. The assessor
or chief county |
7 | | assessment officer may determine the
eligibility of |
8 | | residential property to receive the homestead
exemption |
9 | | provided by this Section by application, visual
inspection, |
10 | | questionnaire, or other reasonable methods. The
determination |
11 | | must be made in accordance with guidelines
established by the |
12 | | Department. |
13 | | (e-1) If the person qualifying for the exemption does not |
14 | | occupy the qualified residence as of January 1 of the taxable |
15 | | year, the exemption granted under this Section shall be |
16 | | prorated on a monthly basis. The prorated exemption shall apply |
17 | | beginning with the first complete month in which the person |
18 | | occupies the qualified residence. |
19 | | (f) For the purposes of this Section: |
20 | | "Qualified residence" means real
property, but less any |
21 | | portion of that property that is used for
commercial purposes, |
22 | | with an equalized assessed value of less than $250,000 that is |
23 | | the primary residence of a veteran with a disability. Property |
24 | | rented for more than 6 months is
presumed to be used for |
25 | | commercial purposes. |
26 | | "Veteran" means an Illinois resident who has served as a
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1 | | member of the United States Armed Forces on active duty or
|
2 | | State active duty, a member of the Illinois National Guard, or
|
3 | | a member of the United States Reserve Forces and who has |
4 | | received an honorable discharge. |
5 | | (Source: P.A. 99-143, eff. 7-27-15; 99-375, eff. 8-17-15; |
6 | | 99-642, eff. 7-28-16; 100-869, eff. 8-14-18.) |
7 | | (35 ILCS 200/15-170) |
8 | | Sec. 15-170. Senior citizens homestead exemption. An |
9 | | annual homestead
exemption limited, except as described here |
10 | | with relation to cooperatives or
life care facilities, to a
|
11 | | maximum reduction set forth below from the property's value, as |
12 | | equalized or
assessed by the Department, is granted for |
13 | | property that is occupied as a
residence by a person 65 years |
14 | | of age or older who is liable for paying real
estate taxes on |
15 | | the property and is an owner of record of the property or has a
|
16 | | legal or equitable interest therein as evidenced by a written |
17 | | instrument,
except for a leasehold interest, other than a |
18 | | leasehold interest of land on
which a single family residence |
19 | | is located, which is occupied as a residence by
a person 65 |
20 | | years or older who has an ownership interest therein, legal,
|
21 | | equitable or as a lessee, and on which he or she is liable for |
22 | | the payment
of property taxes. Before taxable year 2004, the |
23 | | maximum reduction shall be $2,500 in counties with
3,000,000 or |
24 | | more inhabitants and $2,000 in all other counties . For taxable |
25 | | years 2004 through 2005, the maximum reduction shall be $3,000 |
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1 | | in all counties . For taxable years 2006 and 2007, the maximum |
2 | | reduction shall be $3,500. For taxable years 2008 through 2011, |
3 | | the maximum reduction is $4,000 in all counties .
For taxable |
4 | | year 2012, the maximum reduction is $5,000 in counties with
|
5 | | 3,000,000 or more inhabitants and $4,000 in all other counties . |
6 | | For taxable years 2013 through 2016, the maximum reduction is |
7 | | $5,000 in all counties . For taxable years 2017 and thereafter, |
8 | | the maximum reduction is $8,000 in counties with 3,000,000 or |
9 | | more inhabitants and $5,000 in all other counties . |
10 | | For land
improved with an apartment building owned and |
11 | | operated as a cooperative, the maximum reduction from the value |
12 | | of the property, as
equalized
by the Department, shall be |
13 | | multiplied by the number of apartments or units
occupied by a |
14 | | person 65 years of age or older who is liable, by contract with
|
15 | | the owner or owners of record, for paying property taxes on the |
16 | | property and
is an owner of record of a legal or equitable |
17 | | interest in the cooperative
apartment building, other than a |
18 | | leasehold interest. For land improved with
a life care |
19 | | facility, the maximum reduction from the value of the property, |
20 | | as
equalized by the Department, shall be multiplied by the |
21 | | number of apartments or
units occupied by persons 65 years of |
22 | | age or older, irrespective of any legal,
equitable, or |
23 | | leasehold interest in the facility, who are liable, under a
|
24 | | contract with the owner or owners of record of the facility, |
25 | | for paying
property taxes on the property. In a
cooperative or |
26 | | a life care facility where a
homestead exemption has been |
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1 | | granted, the cooperative association or the
management firm of |
2 | | the cooperative or facility shall credit the savings
resulting |
3 | | from that exemption only to
the apportioned tax liability of |
4 | | the owner or resident who qualified for
the exemption.
Any |
5 | | person who willfully refuses to so credit the savings shall be |
6 | | guilty of a
Class B misdemeanor. Under this Section and |
7 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means |
8 | | a facility, as defined in Section 2 of the Life Care Facilities
|
9 | | Act, with which the applicant for the homestead exemption has a |
10 | | life care
contract as defined in that Act. |
11 | | When a homestead exemption has been granted under this |
12 | | Section and the person
qualifying subsequently becomes a |
13 | | resident of a facility licensed under the Assisted Living and |
14 | | Shared Housing Act, the Nursing Home Care Act, the Specialized |
15 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
16 | | Care Act, or the MC/DD Act, the exemption shall continue so |
17 | | long as the residence
continues to be occupied by the |
18 | | qualifying person's spouse if the spouse is 65
years of age or |
19 | | older, or if the residence remains unoccupied but is still
|
20 | | owned by the person qualified for the homestead exemption. |
21 | | A person who will be 65 years of age
during the current |
22 | | assessment year
shall
be eligible to apply for the homestead |
23 | | exemption during that assessment
year.
Application shall be |
24 | | made during the application period in effect for the
county of |
25 | | his residence. |
26 | | Beginning with assessment year 2003, for taxes payable in |
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1 | | 2004,
property
that is first occupied as a residence after |
2 | | January 1 of any assessment year by
a person who is eligible |
3 | | for the senior citizens homestead exemption under this
Section |
4 | | must be granted a pro-rata exemption for the assessment year. |
5 | | The
amount of the pro-rata exemption is the exemption
allowed |
6 | | in the county under this Section divided by 365 and multiplied |
7 | | by the
number of days during the assessment year the property |
8 | | is occupied as a
residence by a
person eligible for the |
9 | | exemption under this Section. The assessor chief county
|
10 | | assessment officer must adopt reasonable procedures to |
11 | | establish eligibility
for this pro-rata exemption. |
12 | | The assessor or chief county assessment officer may |
13 | | determine the eligibility
of a life care facility to receive |
14 | | the benefits provided by this Section, by
affidavit, |
15 | | application, visual inspection, questionnaire or other |
16 | | reasonable
methods in order to insure that the tax savings |
17 | | resulting from the exemption
are credited by the management |
18 | | firm to the apportioned tax liability of each
qualifying |
19 | | resident. The assessor may request reasonable proof that the
|
20 | | management firm has so credited the exemption. |
21 | | The chief county assessment officer of each county with |
22 | | less than 3,000,000
inhabitants shall provide to each person |
23 | | allowed a homestead exemption under
this Section a form to |
24 | | designate any other person to receive a
duplicate of any notice |
25 | | of delinquency in the payment of taxes assessed and
levied |
26 | | under this Code on the property of the person receiving the |
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1 | | exemption.
The duplicate notice shall be in addition to the |
2 | | notice required to be
provided to the person receiving the |
3 | | exemption, and shall be given in the
manner required by this |
4 | | Code. The person filing the request for the duplicate
notice |
5 | | shall pay a fee of $5 to cover administrative costs to the |
6 | | supervisor of
assessments, who shall then file the executed |
7 | | designation with the county
collector. Notwithstanding any |
8 | | other provision of this Code to the contrary,
the filing of |
9 | | such an executed designation requires the county collector to
|
10 | | provide duplicate notices as indicated by the designation. A |
11 | | designation may
be rescinded by the person who executed such |
12 | | designation at any time, in the
manner and form required by the |
13 | | chief county assessment officer. |
14 | | The assessor or chief county assessment officer may |
15 | | determine the
eligibility of residential property to receive |
16 | | the homestead exemption provided
by this Section by |
17 | | application, visual inspection, questionnaire or other
|
18 | | reasonable methods. The determination shall be made in |
19 | | accordance with
guidelines established by the Department. |
20 | | Beginning In counties with 3,000,000 or more inhabitants, |
21 | | beginning in taxable year 2010, each taxpayer who has been |
22 | | granted an exemption under this Section must reapply on an |
23 | | annual basis. The assessor chief county assessment officer |
24 | | shall mail the application to the taxpayer. In counties with |
25 | | less than 3,000,000 inhabitants, the county board may by
|
26 | | resolution provide that if a person has been granted a |
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1 | | homestead exemption
under this Section, the person qualifying |
2 | | need not reapply for the exemption. |
3 | | In counties with less than 3,000,000 inhabitants, if the |
4 | | assessor or chief
county assessment officer requires annual |
5 | | application for verification of
eligibility for an exemption |
6 | | once granted under this Section, the application
shall be |
7 | | mailed to the taxpayer. |
8 | | The assessor or chief county assessment officer shall |
9 | | notify each person
who qualifies for an exemption under this |
10 | | Section that the person may also
qualify for deferral of real |
11 | | estate taxes under the Senior Citizens Real Estate
Tax Deferral |
12 | | Act. The notice shall set forth the qualifications needed for
|
13 | | deferral of real estate taxes, the address and telephone number |
14 | | of
the county collector, and a
statement that applications for |
15 | | deferral of real estate taxes may be obtained
from the county |
16 | | collector. |
17 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
18 | | no
reimbursement by the State is required for the |
19 | | implementation of any mandate
created by this Section. |
20 | | (Source: P.A. 99-180, eff. 7-29-15; 100-401, eff. 8-25-17.)
|
21 | | (35 ILCS 200/15-172)
|
22 | | Sec. 15-172. Senior Citizens Assessment Freeze Homestead |
23 | | Exemption.
|
24 | | (a) This Section may be cited as the Senior Citizens |
25 | | Assessment
Freeze Homestead Exemption.
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1 | | (b) As used in this Section:
|
2 | | "Applicant" means an individual who has filed an |
3 | | application under this
Section.
|
4 | | "Base amount" means the base year equalized assessed value |
5 | | of the residence
plus the first year's equalized assessed value |
6 | | of any added improvements which
increased the assessed value of |
7 | | the residence after the base year.
|
8 | | "Base year" means the taxable year prior to the taxable |
9 | | year for which the
applicant first qualifies and applies for |
10 | | the exemption provided that in the
prior taxable year the |
11 | | property was improved with a permanent structure that
was |
12 | | occupied as a residence by the applicant who was liable for |
13 | | paying real
property taxes on the property and who was either |
14 | | (i) an owner of record of the
property or had legal or |
15 | | equitable interest in the property as evidenced by a
written |
16 | | instrument or (ii) had a legal or equitable interest as a |
17 | | lessee in the
parcel of property that was a single family |
18 | | residence.
If in any subsequent taxable year for which the |
19 | | applicant applies and
qualifies for the exemption the equalized |
20 | | assessed value of the residence is
less than the equalized |
21 | | assessed value in the existing base year
(provided that such |
22 | | equalized assessed value is not
based
on an
assessed value that |
23 | | results from a temporary irregularity in the property that
|
24 | | reduces the
assessed value for one or more taxable years), then |
25 | | that
subsequent taxable year shall become the base year until a |
26 | | new base year is
established under the terms of this paragraph. |
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1 | | For taxable year 1999 only, the
assessor Chief County |
2 | | Assessment Officer shall review (i) all taxable years for which
|
3 | | the
applicant applied and qualified for the exemption and (ii) |
4 | | the existing base
year.
The assessor assessment officer shall |
5 | | select as the new base year the year with the
lowest equalized |
6 | | assessed value.
An equalized assessed value that is based on an |
7 | | assessed value that results
from a
temporary irregularity in |
8 | | the property that reduces the assessed value for one
or more
|
9 | | taxable years shall not be considered the lowest equalized |
10 | | assessed value.
The selected year shall be the base year for
|
11 | | taxable year 1999 and thereafter until a new base year is |
12 | | established under the
terms of this paragraph.
|
13 | | "Chief County Assessment Officer" means the County |
14 | | Assessor or Supervisor of
Assessments of the county in which |
15 | | the property is located.
|
16 | | "Equalized assessed value" means the assessed value as |
17 | | equalized by the
Illinois Department of Revenue.
|
18 | | "Household" means the applicant, the spouse of the |
19 | | applicant, and all persons
using the residence of the applicant |
20 | | as their principal place of residence.
|
21 | | "Household income" means the combined income of the members |
22 | | of a household
for the calendar year preceding the taxable |
23 | | year.
|
24 | | "Income" has the same meaning as provided in Section 3.07 |
25 | | of the Senior
Citizens and Persons with Disabilities Property |
26 | | Tax Relief
Act, except that, beginning in assessment year 2001, |
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1 | | "income" does not
include veteran's benefits.
|
2 | | "Internal Revenue Code of 1986" means the United States |
3 | | Internal Revenue Code
of 1986 or any successor law or laws |
4 | | relating to federal income taxes in effect
for the year |
5 | | preceding the taxable year.
|
6 | | "Life care facility that qualifies as a cooperative" means |
7 | | a facility as
defined in Section 2 of the Life Care Facilities |
8 | | Act.
|
9 | | "Maximum income limitation" means: |
10 | | (1) $35,000 prior
to taxable year 1999; |
11 | | (2) $40,000 in taxable years 1999 through 2003; |
12 | | (3) $45,000 in taxable years 2004 through 2005; |
13 | | (4) $50,000 in taxable years 2006 and 2007; |
14 | | (5) $55,000 in taxable years 2008 through 2016;
|
15 | | (6) for taxable year 2017, (i) $65,000 for qualified |
16 | | property located in a county with 3,000,000 or more |
17 | | inhabitants and (ii) $55,000 for qualified property |
18 | | located in a county with fewer than 3,000,000 inhabitants; |
19 | | and |
20 | | (7) for taxable years 2018 and thereafter, $65,000 for |
21 | | all qualified property. |
22 | | "Residence" means the principal dwelling place and |
23 | | appurtenant structures
used for residential purposes in this |
24 | | State occupied on January 1 of the
taxable year by a household |
25 | | and so much of the surrounding land, constituting
the parcel |
26 | | upon which the dwelling place is situated, as is used for
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1 | | residential purposes. If the assessor Chief County Assessment |
2 | | Officer has established a
specific legal description for a |
3 | | portion of property constituting the
residence, then that |
4 | | portion of property shall be deemed the residence for the
|
5 | | purposes of this Section.
|
6 | | "Taxable year" means the calendar year during which ad |
7 | | valorem property taxes
payable in the next succeeding year are |
8 | | levied.
|
9 | | (c) Beginning in taxable year 1994, a senior citizens |
10 | | assessment freeze
homestead exemption is granted for real |
11 | | property that is improved with a
permanent structure that is |
12 | | occupied as a residence by an applicant who (i) is
65 years of |
13 | | age or older during the taxable year, (ii) has a household |
14 | | income that does not exceed the maximum income limitation, |
15 | | (iii) is liable for paying real property taxes on
the
property, |
16 | | and (iv) is an owner of record of the property or has a legal or
|
17 | | equitable interest in the property as evidenced by a written |
18 | | instrument. This
homestead exemption shall also apply to a |
19 | | leasehold interest in a parcel of
property improved with a |
20 | | permanent structure that is a single family residence
that is |
21 | | occupied as a residence by a person who (i) is 65 years of age |
22 | | or older
during the taxable year, (ii) has a household income |
23 | | that does not exceed the maximum income limitation,
(iii)
has a |
24 | | legal or equitable ownership interest in the property as |
25 | | lessee, and (iv)
is liable for the payment of real property |
26 | | taxes on that property.
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1 | | The In counties of 3,000,000 or more inhabitants, the |
2 | | amount of the exemption for all taxable years is the equalized |
3 | | assessed value of the
residence in the taxable year for which |
4 | | application is made minus the base
amount. In all other |
5 | | counties, the amount of the exemption is as follows: (i) |
6 | | through taxable year 2005 and for taxable year 2007 and |
7 | | thereafter, the amount of this exemption shall be the equalized |
8 | | assessed value of the
residence in the taxable year for which |
9 | | application is made minus the base
amount; and (ii) for
taxable |
10 | | year 2006, the amount of the exemption is as follows:
|
11 | | (1) For an applicant who has a household income of |
12 | | $45,000 or less, the amount of the exemption is the |
13 | | equalized assessed value of the
residence in the taxable |
14 | | year for which application is made minus the base
amount. |
15 | | (2) For an applicant who has a household income |
16 | | exceeding $45,000 but not exceeding $46,250, the amount of |
17 | | the exemption is (i) the equalized assessed value of the
|
18 | | residence in the taxable year for which application is made |
19 | | minus the base
amount (ii) multiplied by 0.8. |
20 | | (3) For an applicant who has a household income |
21 | | exceeding $46,250 but not exceeding $47,500, the amount of |
22 | | the exemption is (i) the equalized assessed value of the
|
23 | | residence in the taxable year for which application is made |
24 | | minus the base
amount (ii) multiplied by 0.6. |
25 | | (4) For an applicant who has a household income |
26 | | exceeding $47,500 but not exceeding $48,750, the amount of |
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1 | | the exemption is (i) the equalized assessed value of the
|
2 | | residence in the taxable year for which application is made |
3 | | minus the base
amount (ii) multiplied by 0.4. |
4 | | (5) For an applicant who has a household income |
5 | | exceeding $48,750 but not exceeding $50,000, the amount of |
6 | | the exemption is (i) the equalized assessed value of the
|
7 | | residence in the taxable year for which application is made |
8 | | minus the base
amount (ii) multiplied by 0.2.
|
9 | | When the applicant is a surviving spouse of an applicant |
10 | | for a prior year for
the same residence for which an exemption |
11 | | under this Section has been granted,
the base year and base |
12 | | amount for that residence are the same as for the
applicant for |
13 | | the prior year.
|
14 | | Each year at the time the assessment books are certified to |
15 | | the County Clerk,
the Board of Review or Board of Appeals shall |
16 | | give to the County Clerk a list
of the assessed values of |
17 | | improvements on each parcel qualifying for this
exemption that |
18 | | were added after the base year for this parcel and that
|
19 | | increased the assessed value of the property.
|
20 | | In the case of land improved with an apartment building |
21 | | owned and operated as
a cooperative or a building that is a |
22 | | life care facility that qualifies as a
cooperative, the maximum |
23 | | reduction from the equalized assessed value of the
property is |
24 | | limited to the sum of the reductions calculated for each unit
|
25 | | occupied as a residence by a person or persons (i) 65 years of |
26 | | age or older, (ii) with a
household income that does not exceed |
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1 | | the maximum income limitation, (iii) who is liable, by contract |
2 | | with the
owner
or owners of record, for paying real property |
3 | | taxes on the property, and (iv) who is
an owner of record of a |
4 | | legal or equitable interest in the cooperative
apartment |
5 | | building, other than a leasehold interest. In the instance of a
|
6 | | cooperative where a homestead exemption has been granted under |
7 | | this Section,
the cooperative association or its management |
8 | | firm shall credit the savings
resulting from that exemption |
9 | | only to the apportioned tax liability of the
owner who |
10 | | qualified for the exemption. Any person who willfully refuses |
11 | | to
credit that savings to an owner who qualifies for the |
12 | | exemption is guilty of a
Class B misdemeanor.
|
13 | | When a homestead exemption has been granted under this |
14 | | Section and an
applicant then becomes a resident of a facility |
15 | | licensed under the Assisted Living and Shared Housing Act, the |
16 | | Nursing Home
Care Act, the Specialized Mental Health |
17 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
18 | | the MC/DD Act, the exemption shall be granted in subsequent |
19 | | years so long as the
residence (i) continues to be occupied by |
20 | | the qualified applicant's spouse or
(ii) if remaining |
21 | | unoccupied, is still owned by the qualified applicant for the
|
22 | | homestead exemption.
|
23 | | Beginning January 1, 1997, when an individual dies who |
24 | | would have qualified
for an exemption under this Section, and |
25 | | the surviving spouse does not
independently qualify for this |
26 | | exemption because of age, the exemption under
this Section |
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1 | | shall be granted to the surviving spouse for the taxable year
|
2 | | preceding and the taxable
year of the death, provided that, |
3 | | except for age, the surviving spouse meets
all
other |
4 | | qualifications for the granting of this exemption for those |
5 | | years.
|
6 | | When married persons maintain separate residences, the |
7 | | exemption provided for
in this Section may be claimed by only |
8 | | one of such persons and for only one
residence.
|
9 | | For taxable year 1994 only, in counties having less than |
10 | | 3,000,000
inhabitants, to receive the exemption, a person shall |
11 | | submit an application by
February 15, 1995 to the Chief County |
12 | | Assessment Officer
of the county in which the property is |
13 | | located. In counties having 3,000,000
or more inhabitants, for |
14 | | taxable year 1994 and all subsequent taxable years, to
receive |
15 | | the exemption, a person
may submit an application to the |
16 | | assessor Chief County
Assessment Officer of the county in which |
17 | | the property is located during such
period as may be specified |
18 | | by the assessor Chief County Assessment Officer . The assessor |
19 | | Chief
County Assessment Officer in counties of 3,000,000 or |
20 | | more inhabitants shall
annually give notice of the application |
21 | | period by mail or by publication. In
counties having less than |
22 | | 3,000,000 inhabitants, beginning with taxable year
1995 and |
23 | | thereafter, to receive the exemption, a person
shall
submit an
|
24 | | application by July 1 of each taxable year to the Chief County |
25 | | Assessment
Officer of the county in which the property is |
26 | | located. A county may, by
ordinance, establish a date for |
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1 | | submission of applications that is
different than
July 1.
The |
2 | | applicant shall submit with the
application an affidavit of the |
3 | | applicant's total household income, age,
marital status (and if |
4 | | married the name and address of the applicant's spouse,
if |
5 | | known), and principal dwelling place of members of the |
6 | | household on January
1 of the taxable year. The Department |
7 | | shall establish, by rule, a method for
verifying the accuracy |
8 | | of affidavits filed by applicants under this Section, and the |
9 | | Chief County Assessment Officer may conduct audits of any |
10 | | taxpayer claiming an exemption under this Section to verify |
11 | | that the taxpayer is eligible to receive the exemption. Each |
12 | | application shall contain or be verified by a written |
13 | | declaration that it is made under the penalties of perjury. A |
14 | | taxpayer's signing a fraudulent application under this Act is |
15 | | perjury, as defined in Section 32-2 of the Criminal Code of |
16 | | 2012.
The applications shall be clearly marked as applications |
17 | | for the Senior
Citizens Assessment Freeze Homestead Exemption |
18 | | and must contain a notice that any taxpayer who receives the |
19 | | exemption is subject to an audit by the assessor Chief County |
20 | | Assessment Officer .
|
21 | | Notwithstanding any other provision to the contrary, in |
22 | | counties having fewer
than 3,000,000 inhabitants, if an |
23 | | applicant fails
to file the application required by this |
24 | | Section in a timely manner and this
failure to file is due to a |
25 | | mental or physical condition sufficiently severe so
as to |
26 | | render the applicant incapable of filing the application in a |
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1 | | timely
manner, the Chief County Assessment Officer may extend |
2 | | the filing deadline for
a period of 30 days after the applicant |
3 | | regains the capability to file the
application, but in no case |
4 | | may the filing deadline be extended beyond 3
months of the |
5 | | original filing deadline. In order to receive the extension
|
6 | | provided in this paragraph, the applicant shall provide the |
7 | | Chief County
Assessment Officer with a signed statement from |
8 | | the applicant's physician, advanced practice registered nurse, |
9 | | or physician assistant
stating the nature and extent of the |
10 | | condition, that, in the
physician's, advanced practice |
11 | | registered nurse's, or physician assistant's opinion, the |
12 | | condition was so severe that it rendered the applicant
|
13 | | incapable of filing the application in a timely manner, and the |
14 | | date on which
the applicant regained the capability to file the |
15 | | application.
|
16 | | Beginning January 1, 1998, notwithstanding any other |
17 | | provision to the
contrary, in counties having fewer than |
18 | | 3,000,000 inhabitants, if an applicant
fails to file the |
19 | | application required by this Section in a timely manner and
|
20 | | this failure to file is due to a mental or physical condition |
21 | | sufficiently
severe so as to render the applicant incapable of |
22 | | filing the application in a
timely manner, the Chief County |
23 | | Assessment Officer may extend the filing
deadline for a period |
24 | | of 3 months. In order to receive the extension provided
in this |
25 | | paragraph, the applicant shall provide the Chief County |
26 | | Assessment
Officer with a signed statement from the applicant's |
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1 | | physician, advanced practice registered nurse, or physician |
2 | | assistant stating the
nature and extent of the condition, and |
3 | | that, in the physician's, advanced practice registered |
4 | | nurse's, or physician assistant's opinion, the
condition was so |
5 | | severe that it rendered the applicant incapable of filing the
|
6 | | application in a timely manner.
|
7 | | In counties having less than 3,000,000 inhabitants, if an |
8 | | applicant was
denied an exemption in taxable year 1994 and the |
9 | | denial occurred due to an
error on the part of an assessment
|
10 | | official, or his or her agent or employee, then beginning in |
11 | | taxable year 1997
the
applicant's base year, for purposes of |
12 | | determining the amount of the exemption,
shall be 1993 rather |
13 | | than 1994. In addition, in taxable year 1997, the
applicant's |
14 | | exemption shall also include an amount equal to (i) the amount |
15 | | of
any exemption denied to the applicant in taxable year 1995 |
16 | | as a result of using
1994, rather than 1993, as the base year, |
17 | | (ii) the amount of any exemption
denied to the applicant in |
18 | | taxable year 1996 as a result of using 1994, rather
than 1993, |
19 | | as the base year, and (iii) the amount of the exemption |
20 | | erroneously
denied for taxable year 1994.
|
21 | | For purposes of this Section, a person who will be 65 years |
22 | | of age during the
current taxable year shall be eligible to |
23 | | apply for the homestead exemption
during that taxable year. |
24 | | Application shall be made during the application
period in |
25 | | effect for the county of his or her residence.
|
26 | | The assessor Chief County Assessment Officer may determine |
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1 | | the eligibility of a life
care facility that qualifies as a |
2 | | cooperative to receive the benefits
provided by this Section by |
3 | | use of an affidavit, application, visual
inspection, |
4 | | questionnaire, or other reasonable method in order to insure |
5 | | that
the tax savings resulting from the exemption are credited |
6 | | by the management
firm to the apportioned tax liability of each |
7 | | qualifying resident. The assessor Chief
County Assessment |
8 | | Officer may request reasonable proof that the management firm
|
9 | | has so credited that exemption.
|
10 | | Except as provided in this Section, all information |
11 | | received by the assessor chief
county assessment officer or the |
12 | | Department from applications filed under this
Section, or from |
13 | | any investigation conducted under the provisions of this
|
14 | | Section, shall be confidential, except for official purposes or
|
15 | | pursuant to official procedures for collection of any State or |
16 | | local tax or
enforcement of any civil or criminal penalty or |
17 | | sanction imposed by this Act or
by any statute or ordinance |
18 | | imposing a State or local tax. Any person who
divulges any such |
19 | | information in any manner, except in accordance with a proper
|
20 | | judicial order, is guilty of a Class A misdemeanor.
|
21 | | Nothing contained in this Section shall prevent the |
22 | | Director or assessor chief county
assessment officer from |
23 | | publishing or making available reasonable statistics
|
24 | | concerning the operation of the exemption contained in this |
25 | | Section in which
the contents of claims are grouped into |
26 | | aggregates in such a way that
information contained in any |
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1 | | individual claim shall not be disclosed. |
2 | | Notwithstanding any other provision of law, for taxable |
3 | | year 2017 and thereafter, in counties of 3,000,000 or more |
4 | | inhabitants, the amount of the exemption shall be the greater |
5 | | of (i) the amount of the exemption otherwise calculated under |
6 | | this Section or (ii) $2,000.
|
7 | | (d) Each assessor Chief County Assessment Officer shall |
8 | | annually publish a notice
of availability of the exemption |
9 | | provided under this Section. The notice
shall be published at |
10 | | least 60 days but no more than 75 days prior to the date
on |
11 | | which the application must be submitted to the assessor Chief |
12 | | County Assessment
Officer of the county in which the property |
13 | | is located. The notice shall
appear in a newspaper of general |
14 | | circulation in the county.
|
15 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
16 | | no reimbursement by the State is required for the |
17 | | implementation of any mandate created by this Section.
|
18 | | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
19 | | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-401, eff. |
20 | | 8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) |
21 | | (35 ILCS 200/15-173) |
22 | | Sec. 15-173. Natural Disaster Homestead Exemption. |
23 | | (a) This Section may be cited as the Natural Disaster |
24 | | Homestead Exemption. |
25 | | (b) As used in this Section: |
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1 | | "Base amount" means the base year equalized assessed value |
2 | | of the residence. |
3 | | "Base year" means the taxable year prior to the taxable |
4 | | year in which the natural disaster occurred. |
5 | | "Chief county assessment officer" means the County |
6 | | Assessor or Supervisor of
Assessments of the county in which |
7 | | the property is located. |
8 | | "Equalized assessed value" means the assessed value as |
9 | | equalized by the
Illinois Department of Revenue. |
10 | | "Homestead property" has the meaning ascribed to that term |
11 | | in Section 15-175 of this Code. |
12 | | "Natural disaster" means an occurrence of widespread or |
13 | | severe damage or loss of property
resulting from any |
14 | | catastrophic cause including , but not limited to , fire, flood, |
15 | | earthquake, wind, storm, or extended period of severe inclement |
16 | | weather. In the case of a residential
structure affected by |
17 | | flooding, the structure shall not be eligible for this
|
18 | | homestead improvement exemption unless it is located within a |
19 | | local
jurisdiction which is participating in the National Flood |
20 | | Insurance Program. A proclamation of disaster by the President |
21 | | of the United States or Governor of the State of Illinois is |
22 | | not a prerequisite to the classification of an occurrence as a |
23 | | natural disaster under this Section. |
24 | | (c) A
homestead exemption shall be granted by the assessor |
25 | | chief county assessment officer for homestead properties |
26 | | containing a residential structure that has been
rebuilt |
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1 | | following a natural disaster occurring in taxable year 2012 or |
2 | | any taxable year thereafter. The amount of the exemption is the |
3 | | equalized assessed value of the residence in the first taxable |
4 | | year for which the taxpayer applies for an exemption under this |
5 | | Section minus the base amount. To be eligible for an exemption
|
6 | | under this Section: (i) the residential structure must
be |
7 | | rebuilt within 2 years after the date of the natural disaster; |
8 | | and (ii) the square footage of the rebuilt residential |
9 | | structure may not be more than 110% of the square footage of |
10 | | the original residential structure as it existed immediately |
11 | | prior to the natural disaster. The taxpayer's initial |
12 | | application for an exemption under this Section must be made no |
13 | | later than the first taxable year after the residential |
14 | | structure is rebuilt. The exemption shall continue at the same |
15 | | annual amount until the taxable year in which the property is |
16 | | sold or transferred. |
17 | | (d) To receive the exemption, the taxpayer shall submit an |
18 | | application to the assessor chief county assessment officer of |
19 | | the county in which the property is located by July 1 of each |
20 | | taxable year. A county may, by resolution, establish a date for |
21 | | submission of applications that is different than July 1. The |
22 | | assessor chief county assessment officer may require |
23 | | additional
documentation to be provided by the applicant. The |
24 | | applications shall be clearly marked as applications for the |
25 | | Natural Disaster Homestead Exemption. |
26 | | (e) Property is not eligible for an exemption under this |
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1 | | Section and Section 15-180 for the same natural disaster or |
2 | | catastrophic event. The property may, however, remain eligible |
3 | | for an additional exemption under Section 15-180 for any |
4 | | separate event occurring after the property qualified for an |
5 | | exemption under this Section. |
6 | | (f) The exemption under this Section carries over to the |
7 | | benefit of the surviving spouse as long as the spouse holds the |
8 | | legal or beneficial title to the homestead and permanently |
9 | | resides thereon. |
10 | | (g) Notwithstanding Sections 6 and 8 of the State Mandates |
11 | | Act, no reimbursement by the State is required for the |
12 | | implementation of any mandate created by this Section.
|
13 | | (Source: P.A. 97-716, eff. 6-29-12.)
|
14 | | (35 ILCS 200/15-175)
|
15 | | Sec. 15-175. General homestead exemption. |
16 | | (a) Except as provided in Sections 15-176 and 15-177, |
17 | | homestead
property is
entitled to an annual homestead exemption |
18 | | limited, except as described here
with relation to cooperatives |
19 | | or life care facilities, to a reduction in the equalized |
20 | | assessed value
of homestead property equal to the increase in |
21 | | equalized assessed value for the
current assessment year above |
22 | | the equalized assessed value of the property for
1977, up to |
23 | | the maximum reduction set forth below. If however, the 1977
|
24 | | equalized assessed value upon which taxes were paid is |
25 | | subsequently determined
by local assessing officials, the |
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1 | | Property Tax Appeal Board, or a court to have
been excessive, |
2 | | the equalized assessed value which should have been placed on
|
3 | | the property for 1977 shall be used to determine the amount of |
4 | | the exemption.
|
5 | | (b) Except as provided in Section 15-176, the maximum |
6 | | reduction before taxable year 2004 shall be
$4,500 in counties |
7 | | with 3,000,000 or more
inhabitants
and $3,500 in all other |
8 | | counties . Except as provided in Sections 15-176 and 15-177, for |
9 | | taxable years 2004 through 2007, the maximum reduction shall be |
10 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, |
11 | | and, for taxable years 2009 through 2011, the maximum reduction |
12 | | is $6,000 in all counties . For taxable years 2012 through 2016, |
13 | | the maximum reduction is $7,000 in counties with 3,000,000 or |
14 | | more
inhabitants
and $6,000 in all other counties . For taxable |
15 | | years 2017 and thereafter, the maximum reduction is $10,000 in |
16 | | counties with 3,000,000 or more inhabitants and $6,000 in all |
17 | | other counties . If a county has elected to subject itself to |
18 | | the provisions of Section 15-176 as provided in subsection (k) |
19 | | of that Section, then, for the first taxable year only after |
20 | | the provisions of Section 15-176 no longer apply, for owners |
21 | | who, for the taxable year, have not been granted a senior |
22 | | citizens assessment freeze homestead exemption under Section |
23 | | 15-172 or a long-time occupant homestead exemption under |
24 | | Section 15-177, there shall be an additional exemption of |
25 | | $5,000 for owners with a household income of $30,000 or less.
|
26 | | (c) (Blank). In counties with fewer than 3,000,000 |
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1 | | inhabitants, if, based on the most
recent assessment, the |
2 | | equalized assessed value of
the homestead property for the |
3 | | current assessment year is greater than the
equalized assessed |
4 | | value of the property for 1977, the owner of the property
shall |
5 | | automatically receive the exemption granted under this Section |
6 | | in an
amount equal to the increase over the 1977 assessment up |
7 | | to the maximum
reduction set forth in this Section.
|
8 | | (d) If in any assessment year beginning with the 2000 |
9 | | assessment year,
homestead property has a pro-rata valuation |
10 | | under
Section 9-180 resulting in an increase in the assessed |
11 | | valuation, a reduction
in equalized assessed valuation equal to |
12 | | the increase in equalized assessed
value of the property for |
13 | | the year of the pro-rata valuation above the
equalized assessed |
14 | | value of the property for 1977 shall be applied to the
property |
15 | | on a proportionate basis for the period the property qualified |
16 | | as
homestead property during the assessment year. The maximum |
17 | | proportionate
homestead exemption shall not exceed the maximum |
18 | | homestead exemption allowed in
the county under this Section |
19 | | divided by 365 and multiplied by the number of
days the |
20 | | property qualified as homestead property.
|
21 | | (d-1) In counties with 3,000,000 or more inhabitants, where |
22 | | the chief county assessment officer provides a notice of |
23 | | discovery, if a property is not
occupied by its owner as a |
24 | | principal residence as of January 1 of the current tax year, |
25 | | then the property owner shall notify the chief county |
26 | | assessment officer of that fact on a form prescribed by the |
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1 | | chief county assessment officer. That notice must be received |
2 | | by the chief county assessment officer on or before March 1 of |
3 | | the collection year. If mailed, the form shall be sent by |
4 | | certified mail, return receipt requested. If the form is |
5 | | provided in person, the chief county assessment officer shall |
6 | | provide a date stamped copy of the notice. Failure to provide |
7 | | timely notice pursuant to this subsection (d-1) shall result in |
8 | | the exemption being treated as an erroneous exemption. Upon |
9 | | timely receipt of the notice for the current tax year, no |
10 | | exemption shall be applied to the property for the current tax |
11 | | year. If the exemption is not removed upon timely receipt of |
12 | | the notice by the chief assessment officer, then the error is |
13 | | considered granted as a result of a clerical error or omission |
14 | | on the part of the chief county assessment officer as described |
15 | | in subsection (h) of Section 9-275, and the property owner |
16 | | shall not be liable for the payment of interest and penalties |
17 | | due to the erroneous exemption for the current tax year for |
18 | | which the notice was filed after the date that notice was |
19 | | timely received pursuant to this subsection. Notice provided |
20 | | under this subsection shall not constitute a defense or amnesty |
21 | | for prior year erroneous exemptions. |
22 | | For the purposes of this subsection (d-1): |
23 | | "Collection year" means the year in which the first and |
24 | | second installment of the current tax year is billed. |
25 | | "Current tax year" means the year prior to the collection |
26 | | year. |
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1 | | (e) The assessor chief county assessment officer may, when |
2 | | considering whether to grant a leasehold exemption under this |
3 | | Section, require the following conditions to be met: |
4 | | (1) that a notarized application for the exemption, |
5 | | signed by both the owner and the lessee of the property, |
6 | | must be submitted each year during the application period |
7 | | in effect for the county in which the property is located; |
8 | | (2) that a copy of the lease must be filed with the |
9 | | assessor chief county assessment officer by the owner of |
10 | | the property at the time the notarized application is |
11 | | submitted; |
12 | | (3) that the lease must expressly state that the lessee |
13 | | is liable for the payment of property taxes; and |
14 | | (4) that the lease must include the following language |
15 | | in substantially the following form: |
16 | | "Lessee shall be liable for the payment of real |
17 | | estate taxes with respect to the residence in |
18 | | accordance with the terms and conditions of Section |
19 | | 15-175 of the Property Tax Code (35 ILCS 200/15-175). |
20 | | The permanent real estate index number for the premises |
21 | | is (insert number), and, according to the most recent |
22 | | property tax bill, the current amount of real estate |
23 | | taxes associated with the premises is (insert amount) |
24 | | per year. The parties agree that the monthly rent set |
25 | | forth above shall be increased or decreased pro rata |
26 | | (effective January 1 of each calendar year) to reflect |
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1 | | any increase or decrease in real estate taxes. Lessee |
2 | | shall be deemed to be satisfying Lessee's liability for |
3 | | the above mentioned real estate taxes with the monthly |
4 | | rent payments as set forth above (or increased or |
5 | | decreased as set forth herein).". |
6 | | In addition, if there is a change in lessee, or if the |
7 | | lessee vacates the property, then the assessor chief county |
8 | | assessment officer may require the owner of the property to |
9 | | notify the assessor chief county assessment officer of that |
10 | | change. |
11 | | This subsection (e) does not apply to leasehold interests |
12 | | in property owned by a municipality. |
13 | | (f) "Homestead property" under this Section includes |
14 | | residential property that is
occupied by its owner or owners as |
15 | | his or their principal dwelling place, or
that is a leasehold |
16 | | interest on which a single family residence is situated,
which |
17 | | is occupied as a residence by a person who has an ownership |
18 | | interest
therein, legal or equitable or as a lessee, and on |
19 | | which the person is
liable for the payment of property taxes. |
20 | | For land improved with
an apartment building owned and operated |
21 | | as a cooperative, the maximum reduction from the equalized
|
22 | | assessed value shall be limited to the increase in the value |
23 | | above the
equalized assessed value of the property for 1977, up |
24 | | to
the maximum reduction set forth above, multiplied by the |
25 | | number of apartments
or units occupied by a person or persons |
26 | | who is liable, by contract with the
owner or owners of record, |
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1 | | for paying property taxes on the property and is an
owner of |
2 | | record of a legal or equitable interest in the cooperative
|
3 | | apartment building, other than a leasehold interest. For land |
4 | | improved with a life care facility, the maximum reduction from |
5 | | the value of the property, as equalized by the Department, |
6 | | shall be multiplied by the number of apartments or units |
7 | | occupied by a person or persons, irrespective of any legal, |
8 | | equitable, or leasehold interest in the facility, who are |
9 | | liable, under a life care contract with the owner or owners of |
10 | | record of the facility, for paying property taxes on the |
11 | | property. For purposes of this
Section, the term "life care |
12 | | facility" has the meaning stated in Section
15-170.
|
13 | | "Household", as used in this Section,
means the owner, the |
14 | | spouse of the owner, and all persons using
the
residence of the |
15 | | owner as their principal place of residence.
|
16 | | "Household income", as used in this Section,
means the |
17 | | combined income of the members of a household
for the calendar |
18 | | year preceding the taxable year.
|
19 | | "Income", as used in this Section,
has the same meaning as |
20 | | provided in Section 3.07 of the Senior
Citizens
and Persons |
21 | | with Disabilities Property Tax Relief Act,
except that
"income" |
22 | | does not include veteran's benefits.
|
23 | | (g) In a cooperative or life care facility where a |
24 | | homestead exemption has been granted, the
cooperative |
25 | | association or the management of the cooperative or life care |
26 | | facility shall credit the savings
resulting from that exemption |
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1 | | only to the apportioned tax liability of the
owner or resident |
2 | | who qualified for the exemption. Any person who willfully |
3 | | refuses to so
credit the savings shall be guilty of a Class B |
4 | | misdemeanor.
|
5 | | (h) Where married persons maintain and reside in separate |
6 | | residences qualifying
as homestead property, each residence |
7 | | shall receive 50% of the total reduction
in equalized assessed |
8 | | valuation provided by this Section.
|
9 | | (i) The In all counties, the assessor
or chief county |
10 | | assessment officer may determine the
eligibility of |
11 | | residential property to receive the homestead exemption and the |
12 | | amount of the exemption by
application, visual inspection, |
13 | | questionnaire or other reasonable methods. The
determination |
14 | | shall be made in accordance with guidelines established by the
|
15 | | Department, provided that the taxpayer applying for an |
16 | | additional general exemption under this Section shall submit to |
17 | | the assessor chief county assessment officer an application |
18 | | with an affidavit of the applicant's total household income, |
19 | | age, marital status (and, if married, the name and address of |
20 | | the applicant's spouse, if known), and principal dwelling place |
21 | | of members of the household on January 1 of the taxable year. |
22 | | The Department shall issue guidelines establishing a method for |
23 | | verifying the accuracy of the affidavits filed by applicants |
24 | | under this paragraph. The applications shall be clearly marked |
25 | | as applications for the Additional General Homestead |
26 | | Exemption.
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1 | | (i-5) This subsection (i-5) applies to counties with |
2 | | 3,000,000 or more inhabitants. In the event of a sale of
|
3 | | homestead property, the homestead exemption shall remain in |
4 | | effect for the remainder of the assessment year of the sale. |
5 | | Upon receipt of a transfer declaration transmitted by the |
6 | | recorder pursuant to Section 31-30 of the Real Estate Transfer |
7 | | Tax Law for property receiving an exemption under this Section, |
8 | | the assessor shall mail a notice and forms to the new owner of |
9 | | the property providing information pertaining to the rules and |
10 | | applicable filing periods for applying or reapplying for |
11 | | homestead exemptions under this Code for which the property may |
12 | | be eligible. If the new owner fails to apply or reapply for a |
13 | | homestead exemption during the applicable filing period or the |
14 | | property no longer qualifies for an existing homestead |
15 | | exemption, the assessor shall cancel such exemption for any |
16 | | ensuing assessment year. |
17 | | (j) (Blank). In counties with fewer than 3,000,000 |
18 | | inhabitants, in the event of a sale
of
homestead property the |
19 | | homestead exemption shall remain in effect for the
remainder of |
20 | | the assessment year of the sale. The assessor or chief county
|
21 | | assessment officer may require the new
owner of the property to |
22 | | apply for the homestead exemption for the following
assessment |
23 | | year.
|
24 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates |
25 | | Act, no reimbursement by the State is required for the |
26 | | implementation of any mandate created by this Section.
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1 | | (l) The changes made to this Section by this amendatory Act |
2 | | of the 100th General Assembly are effective for the 2018 tax |
3 | | year and thereafter. |
4 | | (Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; |
5 | | 99-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff. |
6 | | 8-25-17; 100-1077, eff. 1-1-19 .)
|
7 | | (35 ILCS 200/15-176) |
8 | | Sec. 15-176. Alternative general homestead exemption. |
9 | | (a) For the assessment years as determined under subsection |
10 | | (j), in any county that has elected, by an ordinance in |
11 | | accordance with subsection (k), to be subject to the provisions |
12 | | of this Section in lieu of the provisions of Section 15-175, |
13 | | homestead property is
entitled to
an annual homestead exemption |
14 | | equal to a reduction in the property's equalized
assessed
value |
15 | | calculated as provided in this Section. |
16 | | (b) As used in this Section: |
17 | | (1) "Assessor" means the supervisor of assessments or |
18 | | the chief county assessment officer of each county. |
19 | | (2) "Adjusted homestead value" means the lesser of the |
20 | | following values: |
21 | | (A) The property's base homestead value increased |
22 | | by 7% for each
tax year after the base year through and |
23 | | including the current tax year, or, if the property is |
24 | | sold or ownership is otherwise transferred, the |
25 | | property's base homestead value increased by 7% for |
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1 | | each tax year after the year of the sale or transfer |
2 | | through and including the current tax year. The |
3 | | increase by 7% each year is an increase by 7% over the |
4 | | prior year. |
5 | | (B) The property's equalized assessed value for |
6 | | the current tax
year minus: (i) $4,500 in Cook County |
7 | | or $3,500 in all other counties in tax year 2003;
(ii) |
8 | | $5,000 in all counties in tax years 2004 and 2005; and |
9 | | (iii) the lesser of the amount of the general homestead |
10 | | exemption under Section 15-175 or an amount equal to |
11 | | the increase in the equalized assessed value for the |
12 | | current tax year above the equalized assessed value for |
13 | | 1977 in tax year 2006 and thereafter. |
14 | | (3) "Base homestead value". |
15 | | (A) Except as provided in subdivision (b)(3)(A-5) |
16 | | or (b)(3)(B), "base homestead value" means the |
17 | | equalized assessed value of the property for the base |
18 | | year
prior to exemptions, minus (i) $4,500 in Cook |
19 | | County or $3,500 in all other counties in tax year |
20 | | 2003, (ii) $5,000 in all counties in tax years
2004 and |
21 | | 2005, or (iii) the lesser of the amount of the general |
22 | | homestead exemption under Section 15-175 or an amount |
23 | | equal to the increase in the equalized assessed value |
24 | | for the current tax year above the equalized assessed |
25 | | value for 1977 in tax year 2006 and
thereafter, |
26 | | provided that it was assessed for that
year as |
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1 | | residential property qualified for any of the |
2 | | homestead exemptions
under Sections 15-170 through |
3 | | 15-175 of this Code, then in force, and
further |
4 | | provided that the property's assessment was not based |
5 | | on a reduced
assessed value resulting from a temporary |
6 | | irregularity in the property for
that year. Except as |
7 | | provided in subdivision (b)(3)(B), if the property did |
8 | | not have a
residential
equalized assessed value for the |
9 | | base year, then "base homestead value" means the base
|
10 | | homestead value established by the assessor under |
11 | | subsection (c). |
12 | | (A-5) On or before September 1, 2007, in Cook |
13 | | County, the base homestead value, as set forth under |
14 | | subdivision (b)(3)(A) and except as provided under |
15 | | subdivision (b) (3) (B), must be recalculated as the |
16 | | equalized assessed value of the property for the base |
17 | | year, prior to exemptions, minus: |
18 | | (1) if the general assessment year for the |
19 | | property was 2003, the lesser of (i) $4,500 or (ii) |
20 | | the amount equal to the increase in equalized |
21 | | assessed value for the 2002 tax year above the |
22 | | equalized assessed value for 1977; |
23 | | (2) if the general assessment year for the |
24 | | property was 2004, the lesser of (i) $4,500 or (ii) |
25 | | the amount equal to the increase in equalized |
26 | | assessed value for the 2003 tax year above the |
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1 | | equalized assessed value for 1977; |
2 | | (3) if the general assessment year for the |
3 | | property was 2005, the lesser of (i) $5,000 or (ii) |
4 | | the amount equal to the increase in equalized |
5 | | assessed value for the 2004 tax year above the |
6 | | equalized assessed value for 1977.
|
7 | | (B) If the property is sold or ownership is |
8 | | otherwise transferred, other than sales or transfers |
9 | | between spouses or between a parent and a child, "base |
10 | | homestead value" means the equalized assessed value of |
11 | | the property at the time of the sale or transfer prior |
12 | | to exemptions, minus: (i) $4,500 in Cook County or |
13 | | $3,500 in all other counties in tax year 2003; (ii) |
14 | | $5,000 in all counties in tax years 2004 and 2005; and |
15 | | (iii) the lesser of the amount of the general homestead |
16 | | exemption under Section 15-175 or an amount equal to |
17 | | the increase in the equalized assessed value for the |
18 | | current tax year above the equalized assessed value for |
19 | | 1977 in tax year 2006 and thereafter, provided that it |
20 | | was assessed as residential property qualified for any |
21 | | of the homestead exemptions
under Sections 15-170 |
22 | | through 15-175 of this Code, then in force, and
further |
23 | | provided that the property's assessment was not based |
24 | | on a reduced
assessed value resulting from a temporary |
25 | | irregularity in the property. |
26 | | (3.5) "Base year" means (i) tax year 2002 in Cook |
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1 | | County or (ii) tax year 2008 or 2009 in all other counties |
2 | | in accordance with the designation made by the county as |
3 | | provided in subsection (k) .
|
4 | | (4) "Current tax year" means the tax year for which the |
5 | | exemption under
this Section is being applied. |
6 | | (5) "Equalized assessed value" means the property's |
7 | | assessed value as
equalized by the Department. |
8 | | (6) "Homestead" or "homestead property" means: |
9 | | (A) Residential property that as of January 1 of |
10 | | the tax year is
occupied by its owner or owners as his, |
11 | | her, or their principal dwelling
place, or that is a |
12 | | leasehold interest on which a single family residence |
13 | | is
situated, that is occupied as a residence by a |
14 | | person who has a legal or
equitable interest therein |
15 | | evidenced by a written instrument, as an owner
or as a |
16 | | lessee, and on which the person is liable for the |
17 | | payment of
property taxes. Residential units in an |
18 | | apartment building owned and
operated as a |
19 | | cooperative, or as a life care facility, which are |
20 | | occupied by
persons who hold a legal or equitable |
21 | | interest in the cooperative apartment
building or life |
22 | | care facility as owners or lessees, and who are liable |
23 | | by
contract for the payment of property taxes, shall be |
24 | | included within this
definition of homestead property. |
25 | | (B) A homestead includes the dwelling place, |
26 | | appurtenant
structures, and so much of the surrounding |
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1 | | land constituting the parcel on
which the dwelling |
2 | | place is situated as is used for residential purposes. |
3 | | If
the assessor has established a specific legal |
4 | | description for a portion of
property constituting the |
5 | | homestead, then the homestead shall be limited to
the |
6 | | property within that description. |
7 | | (7) "Life care facility" means a facility as defined in |
8 | | Section 2 of the
Life
Care Facilities Act. |
9 | | (c) If the property did not have a residential equalized |
10 | | assessed value for
the base year as provided in subdivision |
11 | | (b)(3)(A) of this Section, then the assessor
shall first |
12 | | determine an initial value for the property by comparison with
|
13 | | assessed values for the base year of other properties having |
14 | | physical and
economic characteristics similar to those of the |
15 | | subject property, so that the
initial value is uniform in |
16 | | relation to assessed values of those other
properties for the |
17 | | base year. The product of the initial value multiplied by
the |
18 | | equalized factor for the base year for homestead properties in |
19 | | that county, less: (i) $4,500 in Cook County or $3,500 in all |
20 | | other counties in tax year 2003; (ii) $5,000 in all counties in |
21 | | tax years 2004 and 2005; and (iii) the lesser of the amount of |
22 | | the general homestead exemption under Section 15-175 or an |
23 | | amount equal to the increase in the equalized assessed value |
24 | | for the current tax year above the equalized assessed value for |
25 | | 1977 in tax year 2006 and thereafter, is the base homestead |
26 | | value. |
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1 | | For any tax year for which the assessor determines or |
2 | | adjusts an initial
value and
hence a base homestead value under |
3 | | this subsection (c), the initial value shall
be subject
to |
4 | | review by the same procedures applicable to assessed values |
5 | | established
under this
Code for that tax year. |
6 | | (d) The base homestead value shall remain constant, except |
7 | | that the assessor
may
revise it under the following |
8 | | circumstances: |
9 | | (1) If the equalized assessed value of a homestead |
10 | | property for the current
tax year is less than the previous |
11 | | base homestead value for that property, then the
current |
12 | | equalized assessed value (provided it is not based on a |
13 | | reduced assessed
value resulting from a temporary |
14 | | irregularity in the property) shall become the
base |
15 | | homestead value in subsequent tax years. |
16 | | (2) For any year in which new buildings, structures, or |
17 | | other
improvements are constructed on the homestead |
18 | | property that would increase its
assessed value, the |
19 | | assessor shall adjust the base homestead value as provided |
20 | | in
subsection (c) of this Section with due regard to the |
21 | | value added by the new
improvements. |
22 | | (3) If the property is sold or ownership is otherwise |
23 | | transferred, the base homestead value of the property shall |
24 | | be adjusted as provided in subdivision (b)(3)(B). This item |
25 | | (3) does not apply to sales or transfers between spouses or |
26 | | between a parent and a child. |
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1 | | (4) the recalculation required in Cook County under |
2 | | subdivision (b)(3)(A-5).
|
3 | | (e) The amount of the exemption under this Section is the |
4 | | equalized assessed
value of the homestead property for the |
5 | | current tax year, minus the adjusted homestead
value, with the |
6 | | following exceptions: |
7 | | (1) The In Cook County, the exemption under this |
8 | | Section shall not exceed $20,000 for any taxable year |
9 | | through tax year: |
10 | | (i) 2005, if the general assessment year for the
|
11 | | property is 2003; |
12 | | (ii) 2006, if the general assessment year for the
|
13 | | property is 2004; or |
14 | | (iii) 2007, if the general assessment year for the
|
15 | | property is 2005. |
16 | | (1.1) Thereafter, in Cook County, and in all other |
17 | | counties, the exemption is as follows: |
18 | | (i) if the general assessment year for the property |
19 | | is 2006, then the exemption may not exceed: $33,000 for |
20 | | taxable year 2006; $26,000 for taxable year 2007; |
21 | | $20,000 for taxable years 2008 and 2009; $16,000 for |
22 | | taxable year 2010; and $12,000 for taxable year 2011; |
23 | | (ii) if the general assessment year for the |
24 | | property is 2007, then the exemption may not exceed: |
25 | | $33,000 for taxable year 2007; $26,000 for taxable year |
26 | | 2008; $20,000 for taxable years 2009 and 2010; $16,000 |
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1 | | for taxable year 2011; and $12,000 for taxable year |
2 | | 2012; and |
3 | | (iii) if the general assessment year for the |
4 | | property is 2008, then the exemption may not exceed: |
5 | | $33,000 for taxable year 2008; $26,000 for taxable year |
6 | | 2009; $20,000 for taxable years 2010 and 2011; $16,000 |
7 | | for taxable year 2012; and $12,000 for taxable year |
8 | | 2013. |
9 | | (1.5) For In Cook County, for the 2006 taxable year only, |
10 | | the maximum amount of the exemption set forth under subsection |
11 | | (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if |
12 | | the equalized assessed value of the property in that taxable |
13 | | year exceeds the equalized assessed value of that property in |
14 | | 2002 by 100% or more; or (ii) by $2,000 if the equalized |
15 | | assessed value of the property in that taxable year exceeds the |
16 | | equalized assessed value of that property in 2002 by more than |
17 | | 80% but less than 100%.
|
18 | | (2) In the case of homestead property that also |
19 | | qualifies for
the exemption under Section 15-172, the |
20 | | property is entitled to the exemption under
this Section, |
21 | | limited to the amount of (i) $4,500 in Cook County or |
22 | | $3,500 in all other counties in tax year 2003, (ii) $5,000 |
23 | | in all counties in tax years 2004 and 2005, or (iii) the |
24 | | lesser of the amount of the general homestead exemption |
25 | | under Section 15-175 or an amount equal to the increase in |
26 | | the equalized assessed value for the current tax year above |
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1 | | the equalized assessed value for 1977 in tax year 2006 and |
2 | | thereafter. |
3 | | (f) In the case of an apartment building owned and operated |
4 | | as a cooperative, or
as a life care facility, that contains |
5 | | residential units that qualify as homestead property
under this |
6 | | Section, the maximum cumulative exemption amount attributed to |
7 | | the entire
building or facility shall not exceed the sum of the |
8 | | exemptions calculated for each
qualified residential unit. The |
9 | | cooperative association, management firm, or other person
or |
10 | | entity that manages or controls the cooperative apartment |
11 | | building or life care facility
shall credit the exemption |
12 | | attributable to each residential unit only to the apportioned |
13 | | tax
liability of the owner or other person responsible for |
14 | | payment of taxes as to that unit.
Any person who willfully |
15 | | refuses to so credit the exemption is guilty of a Class B
|
16 | | misdemeanor. |
17 | | (g) When married persons maintain separate residences, the |
18 | | exemption provided
under this Section shall be claimed by only |
19 | | one such person and for only one residence. |
20 | | (h) In the event of a sale or other transfer in ownership |
21 | | of the homestead property, the exemption under this
Section |
22 | | shall remain in effect for the remainder of the tax year and be |
23 | | calculated using the same base homestead value in which the |
24 | | sale or transfer occurs, but (other than for sales or transfers |
25 | | between spouses or between a parent and a child) shall be |
26 | | calculated for any subsequent tax year using the new base |
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1 | | homestead value as provided in subdivision (b)(3)(B).
The |
2 | | assessor may require the new owner of the property to apply for |
3 | | the exemption in the
following year. |
4 | | (i) The assessor may determine whether property qualifies |
5 | | as a homestead under
this Section by application, visual |
6 | | inspection, questionnaire, or other
reasonable methods.
Each |
7 | | year, at the time the assessment books are certified to the |
8 | | county clerk
by the board
of review, the assessor shall furnish |
9 | | to the county clerk a list of the
properties qualified
for the |
10 | | homestead exemption under this Section. The list shall note the |
11 | | base
homestead
value of each property to be used in the |
12 | | calculation of the exemption for the
current tax
year. |
13 | | (j) In counties with 3,000,000 or more inhabitants, the |
14 | | provisions of this Section apply as follows: |
15 | | (1) If the general assessment year for the property is |
16 | | 2003, this Section
applies for assessment years 2003 |
17 | | through 2011.
Thereafter, the provisions of Section 15-175 |
18 | | apply. |
19 | | (2) If the general assessment year for the property is |
20 | | 2004, this Section
applies for assessment years 2004 |
21 | | through 2012.
Thereafter, the provisions of Section 15-175 |
22 | | apply. |
23 | | (3) If the general assessment year for the property is |
24 | | 2005, this Section
applies for assessment years 2005 |
25 | | through 2013.
Thereafter, the provisions of Section 15-175 |
26 | | apply. |
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1 | | In counties with less than 3,000,000 inhabitants, this |
2 | | Section applies for assessment years (i) 2009, 2010, 2011, and |
3 | | 2012 if tax year 2008 is the designated base year or (ii) 2010, |
4 | | 2011, 2012, and 2013 if tax year 2009 is the designated base |
5 | | year. Thereafter, the provisions of Section 15-175 apply. |
6 | | (k) To be subject to the provisions of this Section in lieu |
7 | | of Section 15-175, a county must adopt an ordinance to subject |
8 | | itself to the provisions of this Section within 6 months after |
9 | | August 2, 2010 (the effective date of Public Act 96-1418). In a |
10 | | county other than Cook County, the ordinance must designate |
11 | | either tax year 2008
or tax year 2009
as the base year.
|
12 | | (l) Notwithstanding Sections 6 and 8 of the State Mandates |
13 | | Act, no
reimbursement
by the State is required for the |
14 | | implementation of any mandate created by this
Section. |
15 | | (Source: P.A. 100-201, eff. 8-18-17.) |
16 | | (35 ILCS 200/15-177) |
17 | | Sec. 15-177. The long-time occupant homestead exemption. |
18 | | (a) If the county has elected, under Section 15-176, to be |
19 | | subject to the provisions of the alternative general homestead |
20 | | exemption, then, for taxable years 2007 and thereafter, |
21 | | regardless of whether the exemption under Section 15-176 |
22 | | applies, qualified homestead property is
entitled to
an annual |
23 | | homestead exemption equal to a reduction in the property's |
24 | | equalized
assessed
value calculated as provided in this |
25 | | Section. |
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1 | | (b) As used in this Section: |
2 | | "Adjusted homestead value" means the lesser of
the |
3 | | following values: |
4 | | (1) The property's base homestead value increased
by: |
5 | | (i) 10% for each taxable year after the base year through |
6 | | and including the current tax year for qualified taxpayers |
7 | | with a household income of more than $75,000 but not |
8 | | exceeding $100,000; or (ii) 7% for each taxable year after |
9 | | the base year through and including the current tax year |
10 | | for qualified taxpayers with a household income of $75,000 |
11 | | or less. The increase each year is an increase over the |
12 | | prior year; or |
13 | | (2) The property's equalized assessed value for
the |
14 | | current tax year minus the general homestead deduction. |
15 | | "Base homestead value" means: |
16 | | (1) if the property did not have an adjusted homestead |
17 | | value under Section 15-176 for the base year, then an |
18 | | amount equal to the equalized assessed value of the |
19 | | property for the base year prior to exemptions, minus the |
20 | | general homestead deduction, provided that the property's |
21 | | assessment was not based on a reduced assessed value |
22 | | resulting from a temporary irregularity in the property for |
23 | | that year; or |
24 | | (2) if the property had an adjusted homestead value |
25 | | under Section 15-176 for the base year, then an amount |
26 | | equal to the adjusted homestead value of the property under |
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1 | | Section 15-176 for the base year. |
2 | | "Base year" means the taxable year prior to the taxable |
3 | | year in which the taxpayer first qualifies for the exemption |
4 | | under this Section. |
5 | | "Current taxable year" means the taxable year for which
the |
6 | | exemption under this Section is being applied. |
7 | | "Equalized assessed value" means the property's
assessed |
8 | | value as equalized by the Department. |
9 | | "Homestead" or "homestead property" means residential |
10 | | property that as of January 1 of
the tax year is occupied by a |
11 | | qualified taxpayer as his or her principal dwelling place, or |
12 | | that is a leasehold interest on which a single family residence |
13 | | is situated, that is occupied as a residence by a qualified |
14 | | taxpayer who has a legal or equitable interest therein |
15 | | evidenced by a written instrument, as an owner or as a lessee, |
16 | | and on which the person is liable for the payment of property |
17 | | taxes. Residential units in an apartment building owned and |
18 | | operated as a cooperative, or as a life care facility, which |
19 | | are occupied by persons who hold a legal or equitable interest |
20 | | in the cooperative apartment building or life care facility as |
21 | | owners or lessees, and who are liable by contract for the |
22 | | payment of property taxes, are included within this definition |
23 | | of homestead property. A homestead includes the dwelling place,
|
24 | | appurtenant structures, and so much of the surrounding land |
25 | | constituting the parcel on which the dwelling place is situated |
26 | | as is used for residential purposes. If the assessor has |
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1 | | established a specific legal description for a portion of |
2 | | property constituting the homestead, then the homestead is |
3 | | limited to the property within that description. |
4 | | "Household income" has the meaning set forth under Section |
5 | | 15-172 of this Code.
|
6 | | "General homestead deduction" means the amount of the |
7 | | general homestead exemption under Section 15-175.
|
8 | | "Life care facility" means a facility defined
in Section 2 |
9 | | of the Life Care Facilities Act. |
10 | | "Qualified homestead property" means homestead property |
11 | | owned by a qualified taxpayer.
|
12 | | "Qualified taxpayer" means any individual: |
13 | | (1) who, for at least 10 continuous years as of January |
14 | | 1 of the taxable year, has occupied the same homestead |
15 | | property as a principal residence and domicile or who, for |
16 | | at least 5 continuous years as of January 1 of the taxable |
17 | | year, has occupied the same homestead property as a |
18 | | principal residence and domicile if that person received |
19 | | assistance in the acquisition of the property as part of a |
20 | | government or nonprofit housing program; and |
21 | | (2) who has a household income of $100,000 or less.
|
22 | | (c) The base homestead value must remain constant, except |
23 | | that the assessor may revise it under any of the following |
24 | | circumstances: |
25 | | (1) If the equalized assessed value of a homestead
|
26 | | property for the current tax year is less than the previous |
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1 | | base homestead value for that property, then the current |
2 | | equalized assessed value (provided it is not based on a |
3 | | reduced assessed value resulting from a temporary |
4 | | irregularity in the property) becomes the base homestead |
5 | | value in subsequent tax years. |
6 | | (2) For any year in which new buildings, structures,
or |
7 | | other improvements are constructed on the homestead |
8 | | property that would increase its assessed value, the |
9 | | assessor shall adjust the base homestead value with due |
10 | | regard to the value added by the new improvements. |
11 | | (d) The amount of the exemption under this Section is the |
12 | | greater of: (i) the equalized assessed value of the homestead |
13 | | property for the current tax year minus the adjusted homestead |
14 | | value; or (ii) the general homestead deduction. |
15 | | (e) In the case of an apartment building owned and operated |
16 | | as a cooperative, or as a life care facility, that contains |
17 | | residential units that qualify as homestead property of a |
18 | | qualified taxpayer under this Section, the maximum cumulative |
19 | | exemption amount attributed to the entire building or facility |
20 | | shall not exceed the sum of the exemptions calculated for each |
21 | | unit that is a qualified homestead property. The cooperative |
22 | | association, management firm, or other person or entity that |
23 | | manages or controls the cooperative apartment building or life |
24 | | care facility shall credit the exemption attributable to each |
25 | | residential unit only to the apportioned tax liability of the |
26 | | qualified taxpayer as to that unit. Any person who willfully |
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1 | | refuses to so credit the exemption is guilty of a Class B |
2 | | misdemeanor. |
3 | | (f) When married persons maintain separate residences, the |
4 | | exemption provided under this Section may be claimed by only |
5 | | one such person and for only one residence. No person who |
6 | | receives an exemption under Section 15-172 of this Code may |
7 | | receive an exemption under this Section. No person who receives |
8 | | an exemption under this Section may receive an exemption under |
9 | | Section 15-175 or 15-176 of this Code. |
10 | | (g) In the event of a sale or other transfer in ownership |
11 | | of the homestead property between spouses or between a parent |
12 | | and a child, the exemption under this Section remains in effect |
13 | | if the new owner has a household income of $100,000 or less. |
14 | | (h) In the event of a sale or other transfer in ownership |
15 | | of the homestead property other than subsection (g) of this |
16 | | Section, the exemption under this Section shall remain in |
17 | | effect for the remainder of the tax year and be calculated |
18 | | using the same base homestead value in which the sale or |
19 | | transfer occurs.
|
20 | | (i) To receive the exemption, a person must submit an |
21 | | application to the county assessor during the period specified |
22 | | by the county assessor. |
23 | | The county assessor shall annually give notice of the |
24 | | application period by mail or by publication. |
25 | | The taxpayer must submit, with the application, an |
26 | | affidavit of the taxpayer's total household income, marital |
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1 | | status (and if married the name and address of the applicant's |
2 | | spouse, if known), and principal dwelling place of members of |
3 | | the household on January 1 of the taxable year. The Department |
4 | | shall establish, by rule, a method for verifying the accuracy |
5 | | of affidavits filed by applicants under this Section, and the |
6 | | Chief County Assessment Officer may conduct audits of any |
7 | | taxpayer claiming an exemption under this Section to verify |
8 | | that the taxpayer is eligible to receive the exemption. Each |
9 | | application shall contain or be verified by a written |
10 | | declaration that it is made under the penalties of perjury. A |
11 | | taxpayer's signing a fraudulent application under this Act is |
12 | | perjury, as defined in Section 32-2 of the Criminal Code of |
13 | | 2012. The applications shall be clearly marked as applications |
14 | | for the Long-time Occupant Homestead Exemption and must contain |
15 | | a notice that any taxpayer who receives the exemption is |
16 | | subject to an audit by the assessor Chief County Assessment |
17 | | Officer . |
18 | | (j) Notwithstanding Sections 6 and 8 of the State Mandates |
19 | | Act, no reimbursement by the State is required for the |
20 | | implementation of any mandate created by this Section.
|
21 | | (Source: P.A. 97-1150, eff. 1-25-13.) |
22 | | (35 ILCS 200/15-180)
|
23 | | Sec. 15-180. Homestead improvements. Homestead properties |
24 | | that have been
improved and residential structures on homestead |
25 | | property that have been
rebuilt following a catastrophic event |
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1 | | are entitled to a homestead improvement
exemption, limited to |
2 | | $30,000 per year through December 31, 1997,
$45,000 beginning |
3 | | January 1, 1998 and through December 31, 2003, and $75,000
per |
4 | | year for that homestead property beginning
January 1, 2004
and |
5 | | thereafter, in fair cash value, when that
property
is owned and |
6 | | used exclusively for a residential purpose and upon |
7 | | demonstration
that a proposed increase in assessed value is |
8 | | attributable solely to a new
improvement of an existing |
9 | | structure or the rebuilding of a residential
structure |
10 | | following a catastrophic event. To be eligible for an exemption
|
11 | | under this Section after a catastrophic event, the residential |
12 | | structure must
be rebuilt within 2 years after the catastrophic |
13 | | event. The exemption for
rebuilt structures under this Section |
14 | | applies to the increase in value of the
rebuilt structure over |
15 | | the value of the structure before the catastrophic
event. The |
16 | | amount of the exemption shall be limited to the fair cash value
|
17 | | added by the new improvement or rebuilding and shall continue
|
18 | | for 4 years from
the date the improvement or rebuilding is |
19 | | completed and occupied, or until the
next following general |
20 | | assessment of that property, whichever is later.
|
21 | | A proclamation of disaster by the President of the United |
22 | | States or Governor
of the State of Illinois is not a |
23 | | prerequisite to the classification of an
occurrence as a |
24 | | catastrophic event under this Section. A "catastrophic event"
|
25 | | may include an occurrence of widespread or severe damage or |
26 | | loss of property
resulting from any catastrophic cause |
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1 | | including but not limited to fire,
including arson (provided |
2 | | the fire was not caused by the willful action of an
owner or |
3 | | resident of the property), flood, earthquake, wind, storm, |
4 | | explosion,
or extended periods of severe inclement weather. In |
5 | | the case of a residential
structure affected by flooding, the |
6 | | structure shall not be eligible for this
homestead improvement |
7 | | exemption unless it is located within a local
jurisdiction |
8 | | which is participating in the National Flood Insurance Program.
|
9 | | In counties of less than 3,000,000 inhabitants, in addition |
10 | | to the notice
requirement under Section 12-30, a supervisor of |
11 | | assessments, county assessor,
or township or multi-township |
12 | | assessor responsible for adding an assessable
improvement to a |
13 | | residential property's assessment shall either notify a
|
14 | | taxpayer whose assessment has been changed since the last |
15 | | preceding assessment
that he or she may be eligible for the |
16 | | exemption provided under this Section or
shall grant the |
17 | | exemption automatically.
|
18 | | Beginning January 1, 1999, in counties of 3,000,000 or more |
19 | | inhabitants,
an application for a
homestead
improvement |
20 | | exemption for a residential structure that has been rebuilt
|
21 | | following a catastrophic event must be submitted to the |
22 | | assessor Chief County Assessment
Officer with a valuation |
23 | | complaint and a copy of the building permit to rebuild
the |
24 | | structure. The assessor Chief County Assessment Officer may |
25 | | require additional
documentation which must be provided by the |
26 | | applicant.
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1 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
2 | | no reimbursement by the State is required for the |
3 | | implementation of any mandate created by this Section.
|
4 | | (Source: P.A. 93-715, eff. 7-12-04.)
|
5 | | (35 ILCS 200/Art. 15 Div. 3 heading new) |
6 | | Division 3. Homestead exemptions in counties with fewer than |
7 | | 3,000,000 inhabitants |
8 | | (35 ILCS 200/15-261 new) |
9 | | Sec. 15-261. Applicability. This Division 3 applies in |
10 | | counties with fewer than 3,000,000 inhabitants and encompasses |
11 | | this Section and Sections in Article 15 occurring after this |
12 | | Section. |
13 | | (35 ILCS 200/15-262 new) |
14 | | Sec. 15-262. Homestead Exemptions; Definitions. |
15 | | (a) "Homestead property" under this Section includes: |
16 | | (1) Property that is occupied as a principal dwelling |
17 | | place by its owner or owners who are liable for the payment |
18 | | of property taxes; or |
19 | | (2) A leasehold interest in property on which a |
20 | | detached single-family residence is situated, which is |
21 | | occupied as a principal dwelling place by a person or |
22 | | persons who has an ownership interest therein, legal or |
23 | | equitable or as a lessee, and on which the person or |
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1 | | persons is liable for the payment of property taxes; or |
2 | | (3) A unit in an apartment building owned and operated |
3 | | as a cooperative, occupied as a principal dwelling place by |
4 | | a person or persons who is liable, by contract with the |
5 | | owner or owners of record, for paying property taxes on the |
6 | | property and is an owner of record of a legal or equitable |
7 | | interest in the cooperative apartment building, other than |
8 | | a leasehold interest; or |
9 | | (4) A unit within a building which is a life care |
10 | | facility operated as a cooperative, occupied by a person or |
11 | | persons who is liable, by contract with the owner or owners |
12 | | of record, for paying property taxes on the property and is |
13 | | an owner of record of a legal or equitable interest in the |
14 | | cooperative apartment building, other than a leasehold |
15 | | interest. |
16 | | (b) "Homestead owner" under this Section includes: |
17 | | (1) The person or persons who own and occupy |
18 | | residential property as a principal dwelling place by its |
19 | | owner or owners who are liable for the payment of property |
20 | | taxes as of January 1 of a taxable year; or |
21 | | (2) The person or persons who possess a leasehold |
22 | | interest in property on which a detached single-family |
23 | | residence is situated, and occupy said detached |
24 | | single-family residence as a principal dwelling place, |
25 | | have an ownership interest therein, legal or equitable or |
26 | | as a lessee, and on which the person or persons are liable |
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1 | | for the payment of property taxes. |
2 | | (3) The person or persons who are liable, by contract |
3 | | with the owner or owners of record, for paying property |
4 | | taxes on a unit in an apartment building owned and operated |
5 | | as a cooperative, occupy the unit as a principal dwelling |
6 | | place, and are an owner or owners of record of a legal or |
7 | | equitable interest in the cooperative apartment building, |
8 | | other than a leasehold interest. |
9 | | (4) The person or persons who are liable, by contract |
10 | | with the owner or owners of record, for paying property |
11 | | taxes on a unit within a building which is a life care |
12 | | facility, occupy the unit as a principal dwelling place, |
13 | | and are an owner or owners of record of a legal or |
14 | | equitable interest in the cooperative apartment building, |
15 | | other than a leasehold interest. |
16 | | (c) "Life care facility" means as defined under Section 2 |
17 | | of the Life Care Facilities Act with which the homestead owner |
18 | | has a life care contract as defined in that Act. |
19 | | (d) "State-licensed care facility" means a facility |
20 | | licensed under the Assisted Living and Shared Housing Act, the |
21 | | Nursing Home Care Act, the Specialized Mental Health |
22 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
23 | | the MC/DD Act. |
24 | | (e) "Veterans care facility" means a facility operated by |
25 | | the United States Department of Veterans Affairs. |
26 | | (f) "Assessed Value" means the value of the property after |
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1 | | equalization by a chief county assessment officer or board of |
2 | | review, but before equalization by the Department. |
3 | | (g) "Equalized Assessed Value" means the value of the |
4 | | property after equalization by the Department. |
5 | | (35 ILCS 200/15-263 new) |
6 | | Sec. 15-263. Homestead Exemptions; General Provisions. |
7 | | (a) Unless otherwise provided, an initial application for |
8 | | any homestead exemption must be made to the Chief County |
9 | | Assessment Officer during the application period in effect for |
10 | | the county of his or her residence. The Chief County Assessment |
11 | | Officer may determine the eligibility of residential property |
12 | | to receive the homestead exemption provided by this Section by |
13 | | application, visual inspection, questionnaire, or other |
14 | | reasonable methods. The determination must be made in |
15 | | accordance with guidelines established by the Department. |
16 | | (b) Unless otherwise provided, a county board may by |
17 | | resolution provide that if a person has been granted a |
18 | | homestead exemption, the person qualifying need not reapply for |
19 | | the exemption. |
20 | | (c) If the Chief County Assessment Officer requires annual |
21 | | application for verification of eligibility for an exemption |
22 | | once granted under this Section, the application shall be |
23 | | mailed to the taxpayer. |
24 | | (d) If a homestead exemption is granted to a property that |
25 | | is operated as a cooperative or as a life care facility |
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1 | | operated as a cooperative, the cooperative association or |
2 | | management firm shall credit the savings resulting from the |
3 | | exemption to the apportioned tax liability of the homestead |
4 | | owner. The Chief County Assessment Officer may request |
5 | | reasonable proof that the association or firm has properly |
6 | | credited the exemption. A person who willfully refuses to |
7 | | credit an exemption to the qualified person is guilty of a |
8 | | Class B misdemeanor. |
9 | | (e) The Chief County Assessment Officer shall provide to |
10 | | each person granted a homestead exemption under Sections |
11 | | 15-268, 15-269, 15-270, and 15-272 a form to designate any |
12 | | other person to receive a duplicate of any notice of |
13 | | delinquency in the payment of taxes assessed and levied under |
14 | | this Code on the person's qualifying property. The duplicate |
15 | | notice shall be in addition to the notice required to be |
16 | | provided to the person receiving the exemption and shall be |
17 | | given in the manner required by this Code. The person filing |
18 | | the request for the duplicate notice shall pay an |
19 | | administrative fee of $5 to the Chief County Assessment |
20 | | Officer. The Chief County Assessment Officer shall then file |
21 | | the executed designation with the county collector, who shall |
22 | | issue the duplicate notices as indicated by the designation. A |
23 | | designation may be rescinded by the person in the manner |
24 | | required by the Chief County Assessment Officer. |
25 | | (f) The Chief County Assessment Officer may, when |
26 | | considering whether to grant an exemption based on a homestead |
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1 | | owner's eligibility pursuant to Section 15-262(b)(2), require |
2 | | the following conditions to be met: |
3 | | (1) that a notarized application for the exemption, |
4 | | signed by both the owner and the lessee of the property, |
5 | | must be submitted each year during the application period |
6 | | in effect for the county in which the property is located; |
7 | | (2) that a copy of the lease must be filed with the |
8 | | Chief County Assessment Officer by the owner of the |
9 | | property at the time the notarized application is |
10 | | submitted; |
11 | | (3) that the lease must expressly state that the lessee |
12 | | is liable for the payment of property taxes; and |
13 | | (4) that the lease must include the following language |
14 | | in substantially the following form: "Lessee shall be |
15 | | liable for the payment of real estate taxes with respect to |
16 | | the residence in accordance with the terms and conditions |
17 | | of Section 15-262(b)(2) of the Property Tax Code (35 ILCS |
18 | | 200/15-262(b)(2)). The permanent real estate index number |
19 | | for the premises is (insert number), and, according to the |
20 | | most recent property tax bill, the current amount of real |
21 | | estate taxes associated with the premises is (insert |
22 | | amount) per year. The parties agree that the monthly rent |
23 | | set forth above shall be increased or decreased pro rata |
24 | | (effective January 1 of each calendar year) to reflect any |
25 | | increase or decrease in real estate taxes. Lessee shall be |
26 | | deemed to be satisfying Lessee's liability for the above |
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1 | | mentioned real estate taxes with the monthly rent payments |
2 | | as set forth above (or increased or decreased as set forth |
3 | | herein).". |
4 | | In addition, if there is a change in lessee, or if the |
5 | | lessee vacates the property, then the Chief County |
6 | | Assessment Officer may require the owner of the property to |
7 | | notify the Chief County Assessment Officer of that change.
|
8 | | This subsection (f) does not apply to leasehold interests |
9 | | in property owned by a municipality. |
10 | | (g) When a homestead exemption has been granted under this |
11 | | Section and the person qualifying subsequently becomes a |
12 | | resident of a State-licensed care facility or veterans care |
13 | | facility, the exemption shall continue so long as the residence |
14 | | continues to be occupied by the qualifying person's spouse, or |
15 | | if the residence remains unoccupied but is still owned by the |
16 | | person qualified for the homestead exemption. |
17 | | (h) Any taxpayer whose application for a homestead |
18 | | exemption is denied by the Chief County Assessment Officer may |
19 | | appeal that denial to the county Board of Review. The decision |
20 | | of the Board of Review shall be final. |
21 | | (i) Notwithstanding any other provision, if a property |
22 | | transfers or otherwise ceases to be homestead property after |
23 | | the first date of eligibility within a taxable year, the |
24 | | exemption shall remain with the property until the end of that |
25 | | taxable year. |
26 | | (j) Notwithstanding Sections 6 and 8 of the State Mandates |
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1 | | Act, no reimbursement by the State is required for the |
2 | | implementation of any mandate created by homestead exemptions |
3 | | under this Division. |
4 | | (35 ILCS 200/15-265 new) |
5 | | Sec. 15-265. Veterans with disabilities adapted housing |
6 | | homestead exemption. |
7 | | (a) Definitions. In addition to the definitions found in |
8 | | Section 15-262: |
9 | | "Veteran with a disability" means a person who has served |
10 | | in the Armed Forces of the United States and whose disability |
11 | | is of such a nature that the federal government has authorized |
12 | | payment for purchase or construction of specially adapted |
13 | | housing as set forth in the United States Code, Title 38, |
14 | | Chapter 21, Section 2101. |
15 | | "Unmarried surviving spouse" means the surviving spouse of |
16 | | the veteran at any time after the death of the veteran during |
17 | | which such surviving spouse is not married. |
18 | | "Charitable organization" means any benevolent, |
19 | | philanthropic, patriotic, or eleemosynary entity that solicits |
20 | | and collects funds for charitable purposes and includes each |
21 | | local, county, or area division of that charitable |
22 | | organization. |
23 | | (b) Eligibility. The homestead property must be occupied by |
24 | | a homestead owner who is a veteran with a disability, or the |
25 | | spouse or unmarried surviving spouse of the veteran. |
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1 | | The exemption applies to housing where federal funds have |
2 | | been used to purchase or construct special adaptations to suit |
3 | | the veteran's disability. |
4 | | The exemption also applies to housing that is specially |
5 | | adapted to suit the veteran's disability, and purchased |
6 | | entirely or in part by the proceeds of a sale, casualty loss |
7 | | reimbursement, or other transfer of a home for which the |
8 | | federal government had previously authorized payment for |
9 | | purchase or construction as specially adapted housing. |
10 | | However, the entire proceeds of the sale, casualty loss |
11 | | reimbursement, or other transfer of that housing shall be |
12 | | applied to the acquisition of subsequent specially adapted |
13 | | housing to the extent that the proceeds equal the purchase |
14 | | price of the subsequently acquired housing. |
15 | | The exemption also applies to housing that is specifically |
16 | | constructed or adapted to suit a qualifying veteran's |
17 | | disability if the housing or adaptations are donated by a |
18 | | charitable organization, the veteran has been approved to |
19 | | receive funds for the purchase or construction of specially |
20 | | adapted housing under Title 38, Chapter 21, Section 2101 of the |
21 | | United States Code, and the home has been inspected and |
22 | | certified by a licensed home inspector to be in compliance with |
23 | | applicable standards set forth in U.S. Department of Veterans |
24 | | Affairs, Veterans Benefits Administration Pamphlet 26-13, |
25 | | Handbook for Design: Specially Adapted Housing. |
26 | | (c) Amount. Eligible homestead property up to an equalized |
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1 | | assessed value of $100,000 is exempt. |
2 | | (d) Additional provisions. This exemption must be |
3 | | reestablished on an annual basis by certification from the |
4 | | Illinois Department of Veterans' Affairs to the Department, |
5 | | which shall forward a copy of the certification to local |
6 | | assessing officials. |
7 | | A taxpayer who claims an exemption under Section 15-268 or |
8 | | 15-269 may not claim an exemption under this Section. |
9 | | (35 ILCS 200/15-267 new) |
10 | | Sec. 15-267. Returning Veterans' Homestead Exemption. |
11 | | (a) Definitions. In addition to the definitions found in |
12 | | Section 15-262, "veteran" means an Illinois resident who has |
13 | | served as a member of the United States Armed Forces, a member |
14 | | of the Illinois National Guard, or a member of the United |
15 | | States Reserve Forces. |
16 | | (b) Eligibility. The homestead property must be occupied by |
17 | | a homestead owner who is a veteran returning from an armed |
18 | | conflict involving the armed forces of the United States. |
19 | | (c) Amount. The reduction is $5,000 in equalized assessed |
20 | | value for the taxable year in which the veteran returns from |
21 | | active duty in an armed conflict involving the armed forces of |
22 | | the United States; however, if the veteran first acquires his |
23 | | or her principal residence during the taxable year in which he |
24 | | or she returns, but after January 1 of that year, and if the |
25 | | property is owned and occupied by the veteran as a principal |
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1 | | residence on January 1 of the next taxable year, he or she may |
2 | | apply the exemption for the next taxable year, and only the |
3 | | next taxable year, after he or she returns. The reduction shall |
4 | | also be allowed for the taxable year after the taxable year in |
5 | | which the veteran returns from active duty in an armed conflict |
6 | | involving the armed forces of the United States. For land |
7 | | improved with an apartment building owned and operated as a |
8 | | cooperative, the maximum reduction from the value of the |
9 | | property, as equalized by the Department, must be multiplied by |
10 | | the number of apartments or units occupied by a veteran |
11 | | returning from an armed conflict involving the armed forces of |
12 | | the United States who is liable, by contract with the owner or |
13 | | owners of record, for paying property taxes on the property and |
14 | | is an owner of record of a legal or equitable interest in the |
15 | | cooperative apartment building, other than a leasehold |
16 | | interest. |
17 | | (d) Additional Provisions. The exemption under this |
18 | | Section is in addition to any other homestead exemption |
19 | | provided in this Article 15. |
20 | | (35 ILCS 200/15-268 new) |
21 | | Sec. 15-268. Homestead Exemption for persons with |
22 | | disabilities. |
23 | | (a) Definitions. In addition to the definitions found in |
24 | | Section 15-262, "person with a disability" means a person |
25 | | unable to engage in any substantial gainful activity by reason |
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1 | | of a medically determinable physical or mental impairment which |
2 | | can be expected to result in death or has lasted or can be |
3 | | expected to last for a continuous period of not less than 12 |
4 | | months. |
5 | | (b) Eligibility. An annual homestead exemption is granted |
6 | | to homestead property occupied by a homestead owner who is also |
7 | | a person with a disability. A person who has a disability |
8 | | during the taxable year is eligible to receive this homestead |
9 | | exemption during that taxable year. |
10 | | (c) Amount. The annual exemption amount is $2,000 in |
11 | | equalized assessed value, to be deducted from the property's |
12 | | value as equalized or assessed by the Department; except that |
13 | | for land improved with (i) an apartment building owned and |
14 | | operated as a cooperative or (ii) a life care facility that is |
15 | | considered to be a cooperative, the maximum reduction from the |
16 | | value of the property, as equalized or assessed by the |
17 | | Department, shall be multiplied by the number of apartments or |
18 | | units occupied by a disabled person. |
19 | | (d) Additional provisions. |
20 | | (1) A person with a disability filing claims under this |
21 | | Act shall submit proof of disability in such form and |
22 | | manner as the Department shall by rule and regulation |
23 | | prescribe. Any one or more of the following shall |
24 | | constitute proof of disability for purposes of this Act: |
25 | | (A) Proof that a claimant is eligible to receive |
26 | | disability benefits under the federal Social Security |
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1 | | Act; or |
2 | | (B) Issuance of an Illinois Person with a |
3 | | Disability Identification Card stating that the |
4 | | claimant is under a Class 2 or 2A disability, as |
5 | | defined in Section 4A of the Illinois Identification |
6 | | Card Act; or |
7 | | (C) A person with a disability not covered under |
8 | | the federal Social Security Act and not presenting an |
9 | | Illinois Person with a Disability Identification Card |
10 | | stating that the claimant is under a Class 2 disability |
11 | | shall be examined by a physician licensed to practice |
12 | | in the State of Illinois, and his status as a person |
13 | | with a disability determined using the same standards |
14 | | as used by the Social Security Administration. The |
15 | | costs of any required examination shall be borne by the |
16 | | claimant. |
17 | | (e) A taxpayer who claims an exemption under Section 15-265 |
18 | | or 15-269 may not claim an exemption under this Section. |
19 | | (35 ILCS 200/15-269 new) |
20 | | Sec. 15-269. Homestead exemption for veterans with |
21 | | disabilities. |
22 | | (a) Definitions. In addition to the definitions found in |
23 | | Section 15-262: |
24 | | "Qualified residence" means homestead property, but |
25 | | less any portion of that property that is used for |
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1 | | commercial purposes, with an equalized assessed value of |
2 | | less than $250,000. Property rented for more than 6 months |
3 | | is presumed to be used for commercial purposes. |
4 | | "Veteran" means an Illinois resident who has served as |
5 | | a member of the United States Armed Forces on active duty |
6 | | or State active duty, a member of the Illinois National |
7 | | Guard, or a member of the United States Reserve Forces and |
8 | | who has received an honorable discharge. |
9 | | (b) Eligibility. An annual homestead exemption, limited to |
10 | | the amounts set forth in subsection (c), is granted for |
11 | | homestead property that is used as a qualified residence by a |
12 | | homestead owner who is a veteran with a disability. |
13 | | (c) Amount. The amount of the exemption under this Section |
14 | | is as follows: |
15 | | (1) if the veteran has a service-connected disability |
16 | | of 30% or more but less than 50%, as certified by the |
17 | | United States Department of Veterans Affairs, then the |
18 | | annual exemption is $2,500 of equalized assessed value; |
19 | | (2) if the veteran has a service-connected disability |
20 | | of 50% or more but less than 70%, as certified by the |
21 | | United States Department of Veterans Affairs, then the |
22 | | annual exemption is $5,000 of equalized assessed value; and |
23 | | (3) if the veteran has a service connected disability |
24 | | of 70% or more, as certified by the United States |
25 | | Department of Veterans Affairs, then the property is exempt |
26 | | from taxation under this Code. |
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1 | | (d) Additional provisions. |
2 | | (1) The tax exemption under this Section carries over |
3 | | to the benefit of the veteran's surviving spouse as long as |
4 | | the spouse holds the legal or beneficial title to the |
5 | | homestead, permanently resides thereon, and does not |
6 | | remarry. If the surviving spouse sells the property, an |
7 | | exemption not to exceed the amount granted from the most |
8 | | recent ad valorem tax roll may be transferred to his or her |
9 | | new residence as long as it is used as his or her primary |
10 | | residence and he or she does not remarry. |
11 | | (2) A taxpayer who claims an exemption under Section |
12 | | 15-265 or 15-268 may not claim an exemption under this |
13 | | Section. |
14 | | (3) Each taxpayer who has been granted an exemption |
15 | | under this Section must reapply on an annual basis. |
16 | | Application must be made during the application period in |
17 | | effect for the county of his or her residence. |
18 | | (35 ILCS 200/15-270 new) |
19 | | Sec. 15-270. Senior Citizens Homestead Exemption. |
20 | | (a) Definitions. The definitions found in Section 15-262 |
21 | | shall apply to this Section. |
22 | | (b) Eligibility. An annual homestead exemption limited, |
23 | | except as described here with relation to cooperatives or life |
24 | | care facilities, to a maximum reduction set forth below from |
25 | | the property's value, as equalized or assessed by the |
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1 | | Department, is granted for homestead property that is occupied |
2 | | by a homestead owner who will be 65 years of age or older by |
3 | | December 31 of the taxable year. |
4 | | (c) Amount. |
5 | | (1) The maximum reduction is $5,000 of equalized |
6 | | assessed value. |
7 | | (2) For land improved with an apartment building owned |
8 | | and operated as a cooperative, the maximum reduction from |
9 | | the value of the property, as equalized by the Department. |
10 | | (3) Property that is first occupied as a residence |
11 | | after January 1 of any assessment year by a person who is |
12 | | eligible for the homestead exemption under this Section |
13 | | must be granted a pro-rata exemption for the assessment |
14 | | year. The amount of the pro-rata exemption is the exemption |
15 | | allowed in the county under this Section divided by 365 and |
16 | | multiplied by the number of days during the assessment year |
17 | | the property is occupied as a residence by a person |
18 | | eligible for the exemption under this Section. The Chief |
19 | | County Assessment Officer must adopt reasonable procedures |
20 | | to establish eligibility for this pro-rata exemption. |
21 | | (d) Additional provisions. The Chief County Assessment |
22 | | Officer shall notify each person who qualifies for an exemption |
23 | | under this Section that the person may also qualify for |
24 | | deferral of real estate taxes under the Senior Citizens Real |
25 | | Estate Tax Deferral Act. The notice shall set forth the |
26 | | qualifications needed for deferral of real estate taxes, the |
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1 | | address and telephone number of the county collector, and a |
2 | | statement that applications for deferral of real estate taxes |
3 | | may be obtained from the county collector. |
4 | | (35 ILCS 200/15-272 new) |
5 | | Sec. 15-272. Senior Citizens Assessment Freeze Homestead |
6 | | Exemption. |
7 | | (a) Definitions. In addition to the definitions found in |
8 | | Section 15-262: |
9 | | "Applicant" means an individual who has filed an |
10 | | application under this Section. |
11 | | "Base amount" means the base year equalized assessed |
12 | | value of the residence plus the first year's equalized |
13 | | assessed value of any added improvements which increased |
14 | | the assessed value of the residence after the base year. |
15 | | "Base year" means the taxable year prior to the taxable |
16 | | year for which the applicant first qualifies and applies |
17 | | for the exemption provided that in the prior taxable year |
18 | | the property was improved with a permanent structure that |
19 | | was occupied as a residence by the applicant who was liable |
20 | | for paying real property taxes on the property and who was |
21 | | either (i) an owner of record of the property or had legal |
22 | | or equitable interest in the property as evidenced by a |
23 | | written instrument or (ii) had a legal or equitable |
24 | | interest as a lessee in the parcel of property that was a |
25 | | single-family residence. If in any subsequent taxable year |
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1 | | for which the applicant applies and qualifies for the |
2 | | exemption the equalized assessed value of the residence is |
3 | | less than the equalized assessed value in the existing base |
4 | | year (provided that such equalized assessed value is not |
5 | | based on an assessed value that results from a temporary |
6 | | irregularity in the property that reduces the assessed |
7 | | value for one or more taxable years), then that subsequent |
8 | | taxable year shall become the base year until a new base |
9 | | year is established under the terms of this paragraph. For |
10 | | taxable year 1999 only, the Chief County Assessment Officer |
11 | | shall review (i) all taxable years for which the applicant |
12 | | applied and qualified for the exemption and (ii) the |
13 | | existing base year. The assessment officer shall select as |
14 | | the new base year the year with the lowest equalized |
15 | | assessed value. An equalized assessed value that is based |
16 | | on an assessed value that results from a temporary |
17 | | irregularity in the property that reduces the assessed |
18 | | value for one or more taxable years shall not be considered |
19 | | the lowest equalized assessed value. The selected year |
20 | | shall be the base year for taxable year 1999 and thereafter |
21 | | until a new base year is established under the terms of |
22 | | this paragraph. |
23 | | "Household" means the applicant, the spouse of the |
24 | | applicant, and all persons using the residence of the |
25 | | applicant as their principal place of residence. |
26 | | "Household income" means the combined income of the |
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1 | | members of a household for the calendar year preceding the |
2 | | taxable year. |
3 | | "Income" has the same meaning as provided in Section |
4 | | 3.07 of the Senior Citizens and Persons with Disabilities |
5 | | Property Tax Relief Act, except that, beginning in |
6 | | assessment year 2001, "income" does not include veteran's |
7 | | benefits. |
8 | | "Internal Revenue Code of 1986" means the United States |
9 | | Internal Revenue Code of 1986 or any successor law or laws |
10 | | relating to federal income taxes in effect for the year |
11 | | preceding the taxable year. |
12 | | "Maximum income limitation" means $65,000. |
13 | | "Residence" means the principal dwelling place and |
14 | | appurtenant structures used for residential purposes in |
15 | | this State occupied on January 1 of the taxable year by a |
16 | | household and so much of the surrounding land, constituting |
17 | | the parcel upon which the dwelling place is situated, as is |
18 | | used for residential purposes. If the Chief County |
19 | | Assessment Officer has established a specific legal |
20 | | description for a portion of property constituting the |
21 | | residence, then that portion of property shall be deemed |
22 | | the residence for the purposes of this Section. |
23 | | "Taxable year" means the calendar year during which ad |
24 | | valorem property taxes payable in the next succeeding year |
25 | | are levied. |
26 | | (b) Eligibility. A senior citizens assessment freeze |
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1 | | homestead exemption is granted for homestead property that is |
2 | | occupied by a homestead owner who (i) is 65 years of age or |
3 | | older by December 31 of the taxable year, and (ii) has a |
4 | | household income that does not exceed the maximum income |
5 | | limitation. |
6 | | (c) Amount. |
7 | | (1) The amount of the exemption for all taxable years |
8 | | is the equalized assessed value of the residence in the |
9 | | taxable year for which application is made minus the base |
10 | | amount. |
11 | | (2) When the applicant is a surviving spouse of an |
12 | | applicant for a prior year for the same residence for which |
13 | | an exemption under this Section has been granted, the base |
14 | | year and base amount for that residence are the same as for |
15 | | the applicant for the prior year. |
16 | | (3) Each year at the time the assessment books are |
17 | | certified to the County Clerk, the Board of Review shall |
18 | | give to the County Clerk a list of the assessed values of |
19 | | improvements on each parcel qualifying for this exemption |
20 | | that were added after the base year for this parcel and |
21 | | that increased the assessed value of the property. |
22 | | (4) In the case of land improved with an apartment |
23 | | building owned and operated as a cooperative or a building |
24 | | that is a life care facility that qualifies as a |
25 | | cooperative, the maximum reduction from the equalized |
26 | | assessed value of the property is limited to the sum of the |
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1 | | reductions calculated for each unit occupied as a residence |
2 | | by a person or persons (i) 65 years of age or older, (ii) |
3 | | with a household income that does not exceed the maximum |
4 | | income limitation, (iii) who is liable, by contract with |
5 | | the owner or owners of record, for paying real property |
6 | | taxes on the property, and (iv) who is an owner of record |
7 | | of a legal or equitable interest in the cooperative |
8 | | apartment building, other than a leasehold interest. |
9 | | (d) Additional provisions. |
10 | | (1) When an individual dies who would have qualified |
11 | | for an exemption under this Section, and the surviving |
12 | | spouse does not independently qualify for this exemption |
13 | | because of age, the exemption under this Section shall be |
14 | | granted to the surviving spouse for the taxable year |
15 | | preceding and the taxable year of the death, provided that, |
16 | | except for age, the surviving spouse meets all other |
17 | | qualifications for the granting of this exemption for those |
18 | | years. |
19 | | (2) When married persons maintain separate residences, |
20 | | the exemption provided for in this Section may be claimed |
21 | | by only one of such persons and for only one residence. |
22 | | (3) To receive the exemption, a person shall submit an |
23 | | application by July 1 of each taxable year to the Chief |
24 | | County Assessment Officer of the county in which the |
25 | | property is located. |
26 | | (4) A county may, by ordinance, establish a date for |
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1 | | submission of applications that is different than July 1. |
2 | | (5) The applicant shall submit with the application an |
3 | | affidavit of the applicant's total household income, age, |
4 | | marital status (and if married the name and address of the |
5 | | applicant's spouse, if known), and principal dwelling |
6 | | place of members of the household on January 1 of the |
7 | | taxable year. |
8 | | (6) The Department shall establish, by rule, a method |
9 | | for verifying the accuracy of affidavits filed by |
10 | | applicants under this Section, and the Chief County |
11 | | Assessment Officer may conduct audits of any taxpayer |
12 | | claiming an exemption under this Section to verify that the |
13 | | taxpayer is eligible to receive the exemption. |
14 | | (7) Each application shall contain or be verified by a |
15 | | notarized declaration that it is made under the penalties |
16 | | of perjury. A taxpayer's signing a fraudulent application |
17 | | under this Act is perjury, as defined in Section 32-2 of |
18 | | the Criminal Code of 2012. |
19 | | (8) The applications shall be clearly marked as |
20 | | applications for the Senior Citizens Assessment Freeze |
21 | | Homestead Exemption and must contain a notice that any |
22 | | taxpayer who receives the exemption is subject to an audit |
23 | | by the Chief County Assessment Officer. |
24 | | (9) Except as provided in this Section, all information |
25 | | received by the Chief County Assessment Officer or the |
26 | | Department from applications filed under this Section, or |
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1 | | from any investigation conducted under the provisions of |
2 | | this Section, shall be confidential, except for official |
3 | | purposes or pursuant to official procedures for collection |
4 | | of any State or local tax or enforcement of any civil or |
5 | | criminal penalty or sanction imposed by this Act or by any |
6 | | statute or ordinance imposing a State or local tax. Any |
7 | | person who divulges any such information in any manner, |
8 | | except in accordance with a proper judicial order, is |
9 | | guilty of a Class A misdemeanor. |
10 | | Nothing contained in this Section shall prevent the |
11 | | Director or Chief County Assessment Officer from |
12 | | publishing or making available reasonable statistics |
13 | | concerning the operation of the exemption contained in this |
14 | | Section in which the contents of claims are grouped into |
15 | | aggregates in such a way that information contained in any |
16 | | individual claim shall not be disclosed. |
17 | | (10) Each Chief County Assessment Officer shall |
18 | | annually publish a notice of availability of the exemption |
19 | | provided under this Section. The notice shall be published |
20 | | at least 60 days but no more than 75 days prior to the date |
21 | | on which the application must be submitted to the Chief |
22 | | County Assessment Officer of the county in which the |
23 | | property is located. The notice shall appear in a newspaper |
24 | | of general circulation in the county. |
25 | | (35 ILCS 200/15-273 new) |
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1 | | Sec. 15-273. Natural Disaster Homestead Exemption. |
2 | | (a) Definitions. In addition to the definitions found in |
3 | | Section 15-262: |
4 | | "Base amount" means the base year equalized assessed |
5 | | value of the residence. |
6 | | "Base year" means the taxable year prior to the taxable |
7 | | year in which the natural disaster occurred. |
8 | | "Natural disaster" means an occurrence of widespread |
9 | | or severe damage or loss of property resulting from any |
10 | | catastrophic cause, including, but not limited to, fire, |
11 | | flood, earthquake, wind, storm, or extended period of |
12 | | severe inclement weather. In the case of a residential |
13 | | structure affected by flooding, the structure shall not be |
14 | | eligible for this homestead improvement exemption unless |
15 | | it is located within a local jurisdiction which is |
16 | | participating in the National Flood Insurance Program. A |
17 | | proclamation of disaster by the President of the United |
18 | | States or Governor of the State of Illinois is not a |
19 | | prerequisite to the classification of an occurrence as a |
20 | | natural disaster under this Section. |
21 | | (b) Eligibility. A homestead exemption shall be granted by |
22 | | the Chief County Assessment Officer for homestead properties |
23 | | containing a residential structure that has been rebuilt |
24 | | following a natural disaster occurring in taxable year 2012 or |
25 | | any taxable year thereafter. |
26 | | To be eligible for an exemption under this Section: (i) the |
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1 | | residential structure must be rebuilt within 2 years after the |
2 | | date of the natural disaster; and (ii) the square footage of |
3 | | the rebuilt residential structure may not be more than 110% of |
4 | | the square footage of the original residential structure as it |
5 | | existed immediately prior to the natural disaster. The |
6 | | taxpayer's initial application for an exemption under this |
7 | | Section must be made no later than the first taxable year after |
8 | | the residential structure is rebuilt. The exemption shall |
9 | | continue at the same annual amount until the taxable year in |
10 | | which the property is sold or transferred. |
11 | | (c) Amount. The amount of the exemption is the equalized |
12 | | assessed value of the residence in the first taxable year for |
13 | | which the taxpayer applies for an exemption under this Section |
14 | | minus the base amount. |
15 | | (d) Additional provisions. |
16 | | (1) To receive the exemption, the taxpayer shall submit |
17 | | an application to the Chief County Assessment Officer of |
18 | | the county in which the property is located by July 1 of |
19 | | each taxable year. A county may, by resolution, establish a |
20 | | date for submission of applications that is different than |
21 | | July 1. The applications shall be clearly marked as |
22 | | applications for the Natural Disaster Homestead Exemption. |
23 | | (2) Property is not eligible for an exemption under |
24 | | this Section and Section 15-280 for the same natural |
25 | | disaster or catastrophic event. The property may, however, |
26 | | remain eligible for an additional exemption under Section |
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1 | | 15-280 for any separate event occurring after the property |
2 | | qualified for an exemption under this Section. |
3 | | (3) The exemption under this Section carries over to |
4 | | the benefit of the surviving spouse as long as the spouse |
5 | | holds the legal or beneficial title to the homestead and |
6 | | permanently resides thereon. |
7 | | (35 ILCS 200/15-275 new) |
8 | | Sec. 15-275. General homestead exemption. |
9 | | (a) Definitions. The definitions found in Section 15-262 |
10 | | are applicable to this Section. |
11 | | (b) Eligibility. Homestead property occupied by a |
12 | | homestead owner is entitled to an annual homestead exemption |
13 | | limited, except as described here with relation to |
14 | | cooperatives, to a reduction in the equalized assessed value of |
15 | | homestead property equal to the increase in equalized assessed |
16 | | value for the current assessment year above the equalized |
17 | | assessed value of the property for 1977, up to the maximum |
18 | | reduction set forth below. If, however, the 1977 equalized |
19 | | assessed value upon which taxes were paid is subsequently |
20 | | determined by local assessing officials, the Property Tax |
21 | | Appeal Board, or a court to have been excessive, the equalized |
22 | | assessed value which should have been placed on the property |
23 | | for 1977 shall be used to determine the amount of the |
24 | | exemption. |
25 | | (c) Amount. |
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1 | | (1) The maximum reduction is $6,000 of equalized |
2 | | assessed value. |
3 | | (2) If, based on the most recent assessment, the |
4 | | equalized assessed value of the homestead property for the |
5 | | current assessment year is greater than the equalized |
6 | | assessed value of the property for 1977, the owner of the |
7 | | property shall automatically receive the exemption granted |
8 | | under this Section in an amount equal to the increase over |
9 | | the 1977 assessment up to the maximum reduction set forth |
10 | | in this Section. |
11 | | (d) Additional provisions. |
12 | | (1) If in any assessment year homestead property has a |
13 | | pro-rata valuation under Section 9-180 resulting in an |
14 | | increase in the assessed valuation, a reduction in |
15 | | equalized assessed valuation equal to the increase in |
16 | | equalized assessed value of the property for the year of |
17 | | the pro-rata valuation above the equalized assessed value |
18 | | of the property for 1977 shall be applied to the property |
19 | | on a proportionate basis for the period the property |
20 | | qualified as homestead property during the assessment |
21 | | year. The maximum proportionate homestead exemption shall |
22 | | not exceed the maximum homestead exemption allowed in the |
23 | | county under this Section divided by 365 and multiplied by |
24 | | the number of days the property qualified as homestead |
25 | | property. |
26 | | (2) Where married persons maintain and reside in |
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1 | | separate residences qualifying as homestead property, each |
2 | | residence shall receive 50% of the total reduction in |
3 | | equalized assessed valuation provided by this Section. |
4 | | (35 ILCS 200/15-280 new) |
5 | | Sec. 15-280. Homestead improvement exemption. |
6 | | (a) Definitions. In addition to the definitions found in |
7 | | Section 15-262, a "catastrophic event" may include an |
8 | | occurrence of widespread or severe damage or loss of property |
9 | | resulting from any catastrophic cause including but not limited |
10 | | to fire, including arson (provided the fire was not caused by |
11 | | the willful action of an owner or resident of the property), |
12 | | flood, earthquake, wind, storm, explosion, or extended periods |
13 | | of severe inclement weather. In the case of a residential |
14 | | structure affected by flooding, the structure shall not be |
15 | | eligible for this homestead improvement exemption unless it is |
16 | | located within a local jurisdiction which is participating in |
17 | | the National Flood Insurance Program. A proclamation of |
18 | | disaster by the President of the United States or Governor of |
19 | | the State of Illinois is not a prerequisite to the |
20 | | classification of an occurrence as a catastrophic event under |
21 | | this Section. |
22 | | (b) Eligibility. Homestead properties that have been |
23 | | improved and residential structures on homestead property that |
24 | | have been rebuilt following a catastrophic event are entitled |
25 | | to a homestead improvement exemption, when that property is |
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1 | | owned by a homestead owner and used exclusively for a |
2 | | residential purpose and upon demonstration that a proposed |
3 | | increase in assessed value is attributable solely to a new |
4 | | improvement of an existing structure or the rebuilding of a |
5 | | residential structure following a catastrophic event. To be |
6 | | eligible for an exemption under this Section after a |
7 | | catastrophic event, the residential structure must be rebuilt |
8 | | within 2 years after the catastrophic event. The exemption for |
9 | | rebuilt structures under this Section applies to the increase |
10 | | in value of the rebuilt structure over the value of the |
11 | | structure before the catastrophic event. The amount of the |
12 | | exemption shall be limited to the fair cash value added by the |
13 | | new improvement or rebuilding and shall continue for 4 years |
14 | | from the date the improvement or rebuilding is completed and |
15 | | occupied. |
16 | | (c) Amount. The exemption is limited to $25,000 of |
17 | | equalized assessed value. |
18 | | (d) Additional Provisions. In addition to the notice |
19 | | requirement under Section 12-30, a supervisor of assessments, |
20 | | county assessor, or township or multi-township assessor |
21 | | responsible for adding an assessable improvement to a |
22 | | residential property's assessment shall either notify a |
23 | | taxpayer whose assessment has been changed since the last |
24 | | preceding assessment that he or she may be eligible for the |
25 | | exemption provided under this Section or shall grant the |
26 | | exemption automatically.
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