HB6561 93RD GENERAL ASSEMBLY

LRB093 19891 SJM 45634 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6561

Introduced 2/6/2004, by Joe Dunn

SYNOPSIS AS INTRODUCED:

320 ILCS 30/Act title
320 ILCS 30/1	from Ch. 67 1/2, par. 451
320 ILCS 30/2	from Ch. 67 1/2, par. 452
320 ILCS 30/3	from Ch. 67 1/2, par. 453
320 ILCS 30/4	from Ch. 67 1/2, par. 454
320 ILCS 30/5	from Ch. 67 1/2, par. 455
320 ILCS 30/6	from Ch. 67 1/2, par. 456
320 ILCS 30/7	from Ch. 67 1/2, par. 457
320 ILCS 30/8	from Ch. 67 1/2, par. 458
320 ILCS 30/8.1 new

Amends the Senior Citizens Real Estate Tax Deferral Act. Changes the name of the Act to the Real Estate Tax Deferral Act. Removes all age and income requirements.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning tax deferral.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Senior Citizens Real Estate Tax Deferral Act is amended by changing the title of the Act and Sections 1, 2, 3, 4, 5, 6, 7, and 8 and by adding Section 8.1 as follows:

(320 ILCS 30/Act title)

An Act in relation to the deferral of payment of real estate taxes by persons 65 years of age and over.

(320 ILCS 30/1) (from Ch. 67 1/2, par. 451)

Sec. 1. Short title. This Act shall be known and may be cited as the "Senior Citizens Real Estate Tax Deferral Act".

(Source: P.A. 83-895.)

(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)

Sec. 2. Definitions. As used in this Act:

(a) "Taxpayer" means an individual whose household income for the year is no greater than $40,000.

(b) "Tax deferred property" means the property upon which real estate taxes are deferred under this Act.

(c) "Homestead" means the land and buildings thereon, including a condominium or a dwelling unit in a multidwelling building that is owned and operated as a cooperative, occupied by the taxpayer as his or her residence or that which are temporarily unoccupied by the taxpayer because that such taxpayer is temporarily residing, for not more than one 1 year, in a licensed facility as defined in Section 1-113 of the Nursing Home Care Act.

(d) "Real estate taxes" or "taxes" means the taxes on real property for which the taxpayer would be liable under the Property Tax Code, including special service area taxes, and special assessments on benefited real property for which the taxpayer would be liable to a unit of local government.

(e) "Department" means the Department of Revenue.

(f) "Qualifying property" means a homestead that which (a) the taxpayer or the taxpayer and his or her spouse own in fee simple or are purchasing in fee simple under a recorded instrument of sale, (b) is not income-producing property, (c) is not subject to a lien for unpaid real estate taxes when a claim under this Act is filed.

(g) "Equity interest" means the current assessed valuation of the qualified property times the fraction necessary to convert that figure to full market value minus any outstanding debts or liens on that property. In the case of qualifying property not having a separate assessed valuation, the appraised value as determined by a qualified real estate appraiser shall be used instead of the current assessed valuation.

(h) "Household income" has the meaning ascribed to that term in the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act.

(i) "Collector" means the county collector or, if the taxes to be deferred are special assessments, an official designated by a unit of local government to collect special assessments.

(Source: P.A. 92-639, eff. 1-1-03.)

(320 ILCS 30/3) (from Ch. 67 1/2, par. 453)

Sec. 3. Deferral. A taxpayer may, on or before March 1 of each year, apply to the county collector of the county where his or her qualifying property is located, or to the official designated by a unit of local government to collect special assessments on the qualifying property, as the case may be, for a deferral of all or a part of real estate taxes payable during that year for the preceding year in the case of real estate taxes other than special assessments, or for a deferral of any installments payable during that year in the case of special assessments, on all or part of his qualifying property. The application shall be on a form prescribed by the Department and furnished by the collector, (a) showing that the applicant will be 65 years of age or older by June 1 of the year for which a tax deferral is claimed, (b) describing the property and verifying that the property is qualifying property as defined in Section 2, (b) (c) certifying that the taxpayer has owned and occupied as his or her residence such property or other qualifying property in the State for at least the last 3 years except for any periods during which the taxpayer may have temporarily resided in a nursing or sheltered care home, and (c) (d) specifying whether the deferral is for all or a part of the taxes, and, if for a part, the amount of deferral applied for. As to qualifying property not having a separate assessed valuation, the taxpayer shall also file with the county collector a written appraisal of the property prepared by a qualified real estate appraiser together with a certificate signed by the appraiser stating that he has personally examined the property and setting forth the value of the land and the value of the buildings thereon occupied by the taxpayer as his or her residence.

The collector shall grant the tax deferral provided the such deferral does not exceed funds available in the Senior Citizens Real Estate Deferred Tax Revolving Fund and provided that the owner or owners of the such real property have entered into a tax deferral and recovery agreement with the collector on behalf of the county or other unit of local government, which agreement expressly states:

(1) That the total amount of taxes deferred under this Act, plus interest, for the year for which a tax deferral is claimed as well as for those previous years for which taxes are not delinquent and for which the such deferral has been claimed may not exceed 80% of the taxpayer's equity interest in the property for which taxes are to be deferred and that, if the total deferred taxes plus interest equals 80% of the taxpayer's equity interest in the property, the taxpayer shall thereafter pay the annual interest due on the such deferred taxes plus interest so that total deferred taxes plus interest will not exceed such 80% of the taxpayer's equity interest in the property.

(2) That any real estate taxes deferred under this Act and any interest accrued thereon at the rate of 6% per year are a lien on the real estate and improvements thereon until paid. No sale or transfer of the such real property may be legally closed and recorded until the taxes that which would otherwise have been due on the property, plus accrued interest, have been paid unless the collector certifies in writing that an arrangement for prompt payment of the amount due has been made with his or her office. The same shall apply if the property is to be made the subject of a contract of sale.

(3) That upon the death of the taxpayer claiming the deferral, the heirs-at-law, assignees, or legatees shall have first priority to the real property upon which taxes have been deferred by paying in full the total taxes that which would otherwise have been due, plus interest. However, if the such heir-at-law, assignee, or legatee is a surviving spouse, the tax deferred status of the property shall be continued during the life of that surviving spouse if the spouse is 55 years of age or older within 6 months of the date of death of the taxpayer and enters into a tax deferral and recovery agreement before the time when deferred taxes become due under this Section. Any additional taxes deferred, plus interest, on the real property under a tax deferral and recovery agreement signed by a surviving spouse shall be added to the taxes and interest that which would otherwise have been due, and the payment of which has been postponed during the life of the such surviving spouse, in determining the 80% equity requirement provided by this Section.

(4) That if the taxes due, plus interest, are not paid by the heir-at-law, assignee, or legatee or if payment is not postponed during the life of a surviving spouse, the deferred taxes and interest shall be recovered from the estate of the taxpayer within one year after of the date of his or her death. In addition, deferred real estate taxes and any interest accrued thereon are due within 90 days after any tax deferred property ceases to be qualifying property as defined in Section 2.

If payment is not made when required by this Section, foreclosure proceedings may be instituted under the Property Tax Code.

(5) That any joint owner has given written prior approval for such agreement, which written approval shall be made a part of the such agreement.

(6) That a guardian for a person under legal disability appointed for a taxpayer who otherwise qualifies under this Act may act for the taxpayer in complying with this Act.

(7) That a taxpayer or his or her agent has provided to the satisfaction of the collector, sufficient evidence that the qualifying property on which the taxes are to be deferred is insured against fire or casualty loss for at least the total amount of taxes that which have been deferred.

If the taxes to be deferred are special assessments, the unit of local government making the assessments shall forward a copy of the agreement entered into pursuant to this Section and the bills for those such assessments to the county collector of the county in which the qualifying property is located.

(Source: P.A. 90-170, eff. 7-23-97; 91-357, eff. 7-29-99.)

(320 ILCS 30/4) (from Ch. 67 1/2, par. 454)

Sec. 4. Recording of statement. In the case of each tax deferral and recovery agreement entered into between the collector and the owner or owners of qualifying property, the collector shall forthwith cause to be recorded with the recorder of the county in which the qualifying property is located a statement of their action, which shall constitute a lien upon the real estate and improvements thereon covered by the such agreement for those such taxes as have been deferred under the provisions of this Act, plus accrued interest as provided for by Section 3. In the case of a dwelling unit in a multidwelling building that is owned and operated as a cooperative, the lien shall be upon only that portion of the real estate that constitutes a homestead exemption occupied by the taxpayer. The statement shall name the owner or owners and shall include a description of the real estate adequate for identification. The filing fee for the such statement shall be paid by the county or other unit of local government and shall be added to and become a part of the deferred taxes due.

(Source: P.A. 88-268.)

(320 ILCS 30/5) (from Ch. 67 1/2, par. 455)

Sec. 5. The county collector shall note on his or her books each claim for deferral of real estate taxes that which meets the requirements of Section 3 and, when taxes are extended, shall send to the Department the tax bills, including special assessment bills forwarded to the county collector under Section 3, on all tax deferred property in that collector's county. The Department shall then pay by June 1 or within 30 days after of the receipt of these tax bills, whichever is later, to the county collector, for distribution to the taxing bodies in his county, the total amount of taxes so deferred. The Department shall make these payments from the Senior Citizens Real Estate Deferred Tax Revolving Fund.

(Source: P.A. 84-807.)

(320 ILCS 30/6) (from Ch. 67 1/2, par. 456)

Sec. 6. Advance payment. All or any part of taxes deferred under this Act and the accrued interest thereon, which are not due under a valid deferral and recovery agreement, may be paid to the collector at any time by the taxpayer or his or her spouse, or, if no objection is made by the taxpayer within 10 days after the collector mails him or her a written notice of the tender of such a payment, by a child, heir, or next of kin of the taxpayer or other person claiming a legal or equitable interest in the property. In the absence of a valid agreement to the contrary and except as otherwise provided by law, such a payment by a person other than the taxpayer or his or her spouse confers no interest in the property nor claim against the estate. Payments made under this Section shall be applied first against accrued interest and any remainder against the deferred taxes and do not affect the deferred tax status of the property.

(Source: P.A. 84-807.)

(320 ILCS 30/7) (from Ch. 67 1/2, par. 457)

Sec. 7. Collection and deposit. When any deferred taxes, including interest, are collected, the moneys shall be credited to a special account in the treasury of the unit of local government and the collector shall notify the treasurer of the unit of local government of the properties for which the taxes were collected by setting forth a description of the property and the amount of taxes and interest collected for each property. The treasurer shall remit by the 10th day of each month the amount of deferred taxes and accrued interest paid during the preceding month, minus $50 or the total amount of deferred taxes and accrued interest collected, whichever is less, to the Department. The remittance shall be accompanied by a statement giving a description for each property for which the taxes were collected and setting out the amount of the taxes and interest collected for each property.

If the tax deferred property is sold by foreclosure under the Property Tax Code, the proceeds of the sale which may be applied under that Act to the payment of real estate taxes and interest shall be remitted by the county treasurer to the Department along with a description of the property and the amount of taxes and interest collected thereon.

When any deferred taxes and accrued interest are received by the Department, it shall enter the amounts received against the accounts that which have been set up for the tax deferred properties and shall within 5 days remit those such moneys to the State Treasurer for deposit into in the Senior Citizens Real Estate Deferred Tax Revolving Fund.

(Source: P.A. 88-670, eff. 12-2-94.)

(320 ILCS 30/8) (from Ch. 67 1/2, par. 458)

Sec. 8. Mortgages; grants. Nothing in this Act (a) affects any provision of any mortgage or other instrument relating to land requiring a person to pay real estate taxes or (b) affects the eligibility of any person to receive any grant pursuant to the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act".

(Source: P.A. 84-807; 84-832.)

(320 ILCS 30/8.1 new)

Sec. 8.1. Cross-references. Any reference in any other law, rule, form, or other document (i) to the Senior Citizens Real Estate Tax Deferral Act is deemed to be a reference to the Real Estate Tax Deferral Act and (ii) to the Senior Citizens Real Estate Deferral Tax Revolving Fund is deemed to be a reference to the Real Estate Deferral Tax Revolving Fund.