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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 changing | ||||||||||||||||||||||||||
5 | Sections 15-170 and 15-175 as follows:
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6 | (35 ILCS 200/15-170)
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7 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||||||||||||||||||||||
8 | annual homestead
exemption limited, except as described here | ||||||||||||||||||||||||||
9 | with relation to cooperatives or
life care facilities, to a
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10 | maximum reduction set forth below from the property's value, as | ||||||||||||||||||||||||||
11 | equalized or
assessed by the Department, is granted for | ||||||||||||||||||||||||||
12 | property that is occupied as a
residence by a person 65 years | ||||||||||||||||||||||||||
13 | of age or older who is liable for paying real
estate taxes on | ||||||||||||||||||||||||||
14 | the property and is an owner of record of the property or has a
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15 | legal or equitable interest therein as evidenced by a written | ||||||||||||||||||||||||||
16 | instrument,
except for a leasehold interest, other than a | ||||||||||||||||||||||||||
17 | leasehold interest of land on
which a single family residence | ||||||||||||||||||||||||||
18 | is located, which is occupied as a residence by
a person 65 | ||||||||||||||||||||||||||
19 | years or older who has an ownership interest therein, legal,
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20 | equitable or as a lessee, and on which he or she is liable for | ||||||||||||||||||||||||||
21 | the payment
of property taxes. Before taxable year 2004, the | ||||||||||||||||||||||||||
22 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||||||||||||||||||||||
23 | more inhabitants and $2,000 in all other counties. For taxable
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1 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
2 | in all counties. For taxable years 2006 and 2007
thereafter , | ||||||
3 | the maximum reduction shall be $3,500 in all counties and shall | ||||||
4 | be $4,000 for 2008, $4,500 for 2009, and $5,000 for 2010 and | ||||||
5 | thereafter .
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6 | For land
improved with an apartment building owned and | ||||||
7 | operated as a cooperative, the maximum reduction from the value | ||||||
8 | of the property, as
equalized
by the Department, shall be | ||||||
9 | multiplied by the number of apartments or units
occupied by a | ||||||
10 | person 65 years of age or older who is liable, by contract with
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11 | the owner or owners of record, for paying property taxes on the | ||||||
12 | property and
is an owner of record of a legal or equitable | ||||||
13 | interest in the cooperative
apartment building, other than a | ||||||
14 | leasehold interest. For land improved with
a life care | ||||||
15 | facility, the maximum reduction from the value of the property, | ||||||
16 | as
equalized by the Department, shall be multiplied by the | ||||||
17 | number of apartments or
units occupied by persons 65 years of | ||||||
18 | age or older, irrespective of any legal,
equitable, or | ||||||
19 | leasehold interest in the facility, who are liable, under a
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20 | contract with the owner or owners of record of the facility, | ||||||
21 | for paying
property taxes on the property. In a
cooperative or | ||||||
22 | a life care facility where a
homestead exemption has been | ||||||
23 | granted, the cooperative association or the
management firm of | ||||||
24 | the cooperative or facility shall credit the savings
resulting | ||||||
25 | from that exemption only to
the apportioned tax liability of | ||||||
26 | the owner or resident who qualified for
the exemption.
Any |
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1 | person who willfully refuses to so credit the savings shall be | ||||||
2 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
3 | Sections 15-175 and 15-176, "life care
facility" means a | ||||||
4 | facility as defined in Section 2 of the Life Care Facilities
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5 | Act, with which the applicant for the homestead exemption has a | ||||||
6 | life care
contract as defined in that Act.
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7 | When a homestead exemption has been granted under this | ||||||
8 | Section and the person
qualifying subsequently becomes a | ||||||
9 | resident of a facility licensed under the
Nursing Home Care | ||||||
10 | Act, the exemption shall continue so long as the residence
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11 | continues to be occupied by the qualifying person's spouse if | ||||||
12 | the spouse is 65
years of age or older, or if the residence | ||||||
13 | remains unoccupied but is still
owned by the person qualified | ||||||
14 | for the homestead exemption.
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15 | A person who will be 65 years of age
during the current | ||||||
16 | assessment year
shall
be eligible to apply for the homestead | ||||||
17 | exemption during that assessment
year.
Application shall be | ||||||
18 | made during the application period in effect for the
county of | ||||||
19 | his residence.
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20 | Beginning with assessment year 2003, for taxes payable in | ||||||
21 | 2004,
property
that is first occupied as a residence after | ||||||
22 | January 1 of any assessment year by
a person who is eligible | ||||||
23 | for the senior citizens homestead exemption under this
Section | ||||||
24 | must be granted a pro-rata exemption for the assessment year. | ||||||
25 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
26 | in the county under this Section divided by 365 and multiplied |
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1 | by the
number of days during the assessment year the property | ||||||
2 | is occupied as a
residence by a
person eligible for the | ||||||
3 | exemption under this Section. The chief county
assessment | ||||||
4 | officer must adopt reasonable procedures to establish | ||||||
5 | eligibility
for this pro-rata exemption.
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6 | The assessor or chief county assessment officer may | ||||||
7 | determine the eligibility
of a life care facility to receive | ||||||
8 | the benefits provided by this Section, by
affidavit, | ||||||
9 | application, visual inspection, questionnaire or other | ||||||
10 | reasonable
methods in order to insure that the tax savings | ||||||
11 | resulting from the exemption
are credited by the management | ||||||
12 | firm to the apportioned tax liability of each
qualifying | ||||||
13 | resident. The assessor may request reasonable proof that the
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14 | management firm has so credited the exemption.
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15 | The chief county assessment officer of each county with | ||||||
16 | less than 3,000,000
inhabitants shall provide to each person | ||||||
17 | allowed a homestead exemption under
this Section a form to | ||||||
18 | designate any other person to receive a
duplicate of any notice | ||||||
19 | of delinquency in the payment of taxes assessed and
levied | ||||||
20 | under this Code on the property of the person receiving the | ||||||
21 | exemption.
The duplicate notice shall be in addition to the | ||||||
22 | notice required to be
provided to the person receiving the | ||||||
23 | exemption, and shall be given in the
manner required by this | ||||||
24 | Code. The person filing the request for the duplicate
notice | ||||||
25 | shall pay a fee of $5 to cover administrative costs to the | ||||||
26 | supervisor of
assessments, who shall then file the executed |
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1 | designation with the county
collector. Notwithstanding any | ||||||
2 | other provision of this Code to the contrary,
the filing of | ||||||
3 | such an executed designation requires the county collector to
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4 | provide duplicate notices as indicated by the designation. A | ||||||
5 | designation may
be rescinded by the person who executed such | ||||||
6 | designation at any time, in the
manner and form required by the | ||||||
7 | chief county assessment officer.
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8 | The assessor or chief county assessment officer may | ||||||
9 | determine the
eligibility of residential property to receive | ||||||
10 | the homestead exemption provided
by this Section by | ||||||
11 | application, visual inspection, questionnaire or other
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12 | reasonable methods. The determination shall be made in | ||||||
13 | accordance with
guidelines established by the Department.
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14 | In counties with less than 3,000,000 inhabitants, the | ||||||
15 | county board may by
resolution provide that if a person has | ||||||
16 | been granted a homestead exemption
under this Section, the | ||||||
17 | person qualifying need not reapply for the exemption.
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18 | In counties with less than 3,000,000 inhabitants, if the | ||||||
19 | assessor or chief
county assessment officer requires annual | ||||||
20 | application for verification of
eligibility for an exemption | ||||||
21 | once granted under this Section, the application
shall be | ||||||
22 | mailed to the taxpayer.
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23 | The assessor or chief county assessment officer shall | ||||||
24 | notify each person
who qualifies for an exemption under this | ||||||
25 | Section that the person may also
qualify for deferral of real | ||||||
26 | estate taxes under the Senior Citizens Real Estate
Tax Deferral |
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1 | Act. The notice shall set forth the qualifications needed for
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2 | deferral of real estate taxes, the address and telephone number | ||||||
3 | of
county collector, and a
statement that applications for | ||||||
4 | deferral of real estate taxes may be obtained
from the county | ||||||
5 | collector.
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6 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
7 | no
reimbursement by the State is required for the | ||||||
8 | implementation of any mandate
created by this Section.
| ||||||
9 | (Source: P.A. 93-511, eff. 8-11-03; 93-715, eff. 7-12-04; | ||||||
10 | 94-794, eff. 5-22-06.)
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11 | (35 ILCS 200/15-175)
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12 | Sec. 15-175. General homestead exemption. Except as | ||||||
13 | provided in Section
15-176, homestead
property is
entitled to | ||||||
14 | an annual homestead exemption limited, except as described here
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15 | with relation to cooperatives, to a reduction in the equalized | ||||||
16 | assessed value
of homestead property equal to the increase in | ||||||
17 | equalized assessed value for the
current assessment year above | ||||||
18 | the equalized assessed value of the property for
1977, up to | ||||||
19 | the maximum reduction set forth below. If however, the 1977
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20 | equalized assessed value upon which taxes were paid is | ||||||
21 | subsequently determined
by local assessing officials, the | ||||||
22 | Property Tax Appeal Board, or a court to have
been excessive, | ||||||
23 | the equalized assessed value which should have been placed on
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24 | the property for 1977 shall be used to determine the amount of | ||||||
25 | the exemption.
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1 | Except as provided in Section 15-176, the maximum reduction | ||||||
2 | before taxable year 2004 shall be
$4,500 in counties with | ||||||
3 | 3,000,000 or more
inhabitants
and $3,500 in all other counties. | ||||||
4 | Except as provided in Section 15-176, for taxable
years 2004 , | ||||||
5 | 2005, and 2006
and thereafter , the maximum reduction shall be | ||||||
6 | $5,000 in all counties and shall be $5,500 for 2007, $6,000 for | ||||||
7 | 2008, $6,500 for 2009, and $7,000 for 2010 and thereafter in | ||||||
8 | all counties . If a county has elected to subject itself to the | ||||||
9 | provisions of Section 15-176 as provided in subsection (k) of | ||||||
10 | that Section, then, for the first taxable year only after the | ||||||
11 | provisions of Section 15-176 no longer apply, for owners (i) | ||||||
12 | who have not been granted a senior citizens assessment freeze | ||||||
13 | homestead exemption under Section 15-172 for the taxable year | ||||||
14 | and (ii) whose qualified property has an assessed valuation | ||||||
15 | that has increased by more than 20% over the previous assessed | ||||||
16 | valuation of the property, there shall be an additional | ||||||
17 | exemption of $5,000 for owners with a household income of | ||||||
18 | $30,000 or less. For purposes of this paragraph, "household | ||||||
19 | income" has the meaning set forth in this Section 15-175.
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20 | In counties with fewer than 3,000,000 inhabitants, if, | ||||||
21 | based on the most
recent assessment, the equalized assessed | ||||||
22 | value of
the homestead property for the current assessment year | ||||||
23 | is greater than the
equalized assessed value of the property | ||||||
24 | for 1977, the owner of the property
shall automatically receive | ||||||
25 | the exemption granted under this Section in an
amount equal to | ||||||
26 | the increase over the 1977 assessment up to the maximum
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1 | reduction set forth in this Section.
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2 | If in any assessment year beginning with the 2000 | ||||||
3 | assessment year,
homestead property has a pro-rata valuation | ||||||
4 | under
Section 9-180 resulting in an increase in the assessed | ||||||
5 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
6 | the increase in equalized assessed
value of the property for | ||||||
7 | the year of the pro-rata valuation above the
equalized assessed | ||||||
8 | value of the property for 1977 shall be applied to the
property | ||||||
9 | on a proportionate basis for the period the property qualified | ||||||
10 | as
homestead property during the assessment year. The maximum | ||||||
11 | proportionate
homestead exemption shall not exceed the maximum | ||||||
12 | homestead exemption allowed in
the county under this Section | ||||||
13 | divided by 365 and multiplied by the number of
days the | ||||||
14 | property qualified as homestead property.
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15 | "Homestead property" under this Section includes | ||||||
16 | residential property that is
occupied by its owner or owners as | ||||||
17 | his or their principal dwelling place, or
that is a leasehold | ||||||
18 | interest on which a single family residence is situated,
which | ||||||
19 | is occupied as a residence by a person who has an ownership | ||||||
20 | interest
therein, legal or equitable or as a lessee, and on | ||||||
21 | which the person is
liable for the payment of property taxes. | ||||||
22 | For land improved with
an apartment building owned and operated | ||||||
23 | as a cooperative or a building which
is a life care facility as | ||||||
24 | defined in Section 15-170 and considered to
be a cooperative | ||||||
25 | under Section 15-170, the maximum reduction from the equalized
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26 | assessed value shall be limited to the increase in the value |
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1 | above the
equalized assessed value of the property for 1977, up | ||||||
2 | to
the maximum reduction set forth above, multiplied by the | ||||||
3 | number of apartments
or units occupied by a person or persons | ||||||
4 | who is liable, by contract with the
owner or owners of record, | ||||||
5 | for paying property taxes on the property and is an
owner of | ||||||
6 | record of a legal or equitable interest in the cooperative
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7 | apartment building, other than a leasehold interest. For | ||||||
8 | purposes of this
Section, the term "life care facility" has the | ||||||
9 | meaning stated in Section
15-170.
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10 | "Household", as used in this Section,
means the owner, the | ||||||
11 | spouse of the owner, and all persons using
the
residence of the | ||||||
12 | owner as their principal place of residence.
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13 | "Household income", as used in this Section,
means the | ||||||
14 | combined income of the members of a household
for the calendar | ||||||
15 | year preceding the taxable year.
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16 | "Income", as used in this Section,
has the same meaning as | ||||||
17 | provided in Section 3.07 of the Senior
Citizens
and Disabled | ||||||
18 | Persons Property Tax Relief and Pharmaceutical Assistance Act,
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19 | except that
"income" does not include veteran's benefits.
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20 | In a cooperative where a homestead exemption has been | ||||||
21 | granted, the
cooperative association or its management firm | ||||||
22 | shall credit the savings
resulting from that exemption only to | ||||||
23 | the apportioned tax liability of the
owner who qualified for | ||||||
24 | the exemption. Any person who willfully refuses to so
credit | ||||||
25 | the savings shall be guilty of a Class B misdemeanor.
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26 | Where married persons maintain and reside in separate |
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1 | residences qualifying
as homestead property, each residence | ||||||
2 | shall receive 50% of the total reduction
in equalized assessed | ||||||
3 | valuation provided by this Section.
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4 | In all counties, the assessor
or chief county assessment | ||||||
5 | officer may determine the
eligibility of residential property | ||||||
6 | to receive the homestead exemption and the amount of the | ||||||
7 | exemption by
application, visual inspection, questionnaire or | ||||||
8 | other reasonable methods. The
determination shall be made in | ||||||
9 | accordance with guidelines established by the
Department, | ||||||
10 | provided that the taxpayer applying for an additional general | ||||||
11 | exemption under this Section shall submit to the chief county | ||||||
12 | assessment officer an application with an affidavit of the | ||||||
13 | applicant's total household income, age, marital status (and, | ||||||
14 | if married, the name and address of the applicant's spouse, if | ||||||
15 | known), and principal dwelling place of members of the | ||||||
16 | household on January 1 of the taxable year. The Department | ||||||
17 | shall issue guidelines establishing a method for verifying the | ||||||
18 | accuracy of the affidavits filed by applicants under this | ||||||
19 | paragraph. The applications shall be clearly marked as | ||||||
20 | applications for the Additional General Homestead Exemption.
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21 | In counties with fewer than 3,000,000 inhabitants, in the | ||||||
22 | event of a sale
of
homestead property the homestead exemption | ||||||
23 | shall remain in effect for the
remainder of the assessment year | ||||||
24 | of the sale. The assessor or chief county
assessment officer | ||||||
25 | may require the new
owner of the property to apply for the | ||||||
26 | homestead exemption for the following
assessment year.
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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 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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