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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,
| |||||||||||||||||||||||||||
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 15-176 and by adding Section 15-167 as | |||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||
7 | (35 ILCS 200/15-167 new) | |||||||||||||||||||||||||||
8 | Sec. 15-167. Returning Veterans' Homestead Exemption. | |||||||||||||||||||||||||||
9 | (a) A homestead exemption, limited to a reduction set forth | |||||||||||||||||||||||||||
10 | under subsection (b), from the property's value, as equalized | |||||||||||||||||||||||||||
11 | or assessed by the Department, is granted for property that is | |||||||||||||||||||||||||||
12 | owned and occupied as a residence by a veteran returning from | |||||||||||||||||||||||||||
13 | an armed conflict involving the armed forces of the United | |||||||||||||||||||||||||||
14 | States who is liable for paying real estate taxes on the | |||||||||||||||||||||||||||
15 | 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 veteran | |||||||||||||||||||||||||||
20 | returning from an armed conflict involving the armed forces of | |||||||||||||||||||||||||||
21 | the United States who has an ownership interest therein, legal, | |||||||||||||||||||||||||||
22 | equitable or as a lessee, and on which he or she is liable for | |||||||||||||||||||||||||||
23 | the payment of property taxes. For purposes of the exemption |
| |||||||
| |||||||
1 | under this Section, "veteran" means an Illinois resident who | ||||||
2 | has served as a member of the United States Armed Forces, a | ||||||
3 | member of the Illinois National Guard, or a member of the | ||||||
4 | United States Reserve Forces. | ||||||
5 | (b) In all counties, the reduction is $5,000 and only for | ||||||
6 | the tax year in which the veteran returns from active duty in | ||||||
7 | an armed conflict involving the armed forces of the United | ||||||
8 | States. For land improved with an apartment building owned and | ||||||
9 | operated as a cooperative, the maximum reduction from the value | ||||||
10 | of the property, as equalized by the Department, must be | ||||||
11 | multiplied by the number of apartments or units occupied by a | ||||||
12 | veteran returning from an armed conflict involving the armed | ||||||
13 | forces of the United States who is liable, by contract with the | ||||||
14 | owner or owners of record, for paying property taxes on the | ||||||
15 | property and is an owner of record of a legal or equitable | ||||||
16 | interest in the cooperative apartment building, other than a | ||||||
17 | leasehold interest. In a cooperative where a homestead | ||||||
18 | exemption has been granted, the cooperative association or the | ||||||
19 | management firm of the cooperative or facility shall credit the | ||||||
20 | savings resulting from that exemption only to the apportioned | ||||||
21 | tax liability of the owner or resident who qualified for the | ||||||
22 | exemption. Any person who willfully refuses to so credit the | ||||||
23 | savings is guilty of a Class B misdemeanor. | ||||||
24 | (c) Application must be made during the application period | ||||||
25 | in effect for the county of his or her residence. The assessor | ||||||
26 | or chief county assessment officer may determine the |
| |||||||
| |||||||
1 | eligibility of residential property to receive the homestead | ||||||
2 | exemption provided by this Section by application, visual | ||||||
3 | inspection, questionnaire, or other reasonable methods. The | ||||||
4 | determination must be made in accordance with guidelines | ||||||
5 | established by the Department. | ||||||
6 | (d) The exemption under this Section is in addition to any | ||||||
7 | other homestead provided in Sections 15-170 through 15-176. | ||||||
8 | Notwithstanding Sections 6 and 8 of the State Mandates Act, no | ||||||
9 | reimbursement by the State is required for the implementation | ||||||
10 | of any mandate created by this Section.
| ||||||
11 | (35 ILCS 200/15-170)
| ||||||
12 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||
13 | annual homestead
exemption limited, except as described here | ||||||
14 | with relation to cooperatives or
life care facilities, to a
| ||||||
15 | maximum reduction set forth below from the property's value, as | ||||||
16 | equalized or
assessed by the Department, is granted for | ||||||
17 | property that is occupied as a
residence by a person 65 years | ||||||
18 | of age or older who is liable for paying real
estate taxes on | ||||||
19 | the property and is an owner of record of the property or has a
| ||||||
20 | legal or equitable interest therein as evidenced by a written | ||||||
21 | instrument,
except for a leasehold interest, other than a | ||||||
22 | leasehold interest of land on
which a single family residence | ||||||
23 | is located, which is occupied as a residence by
a person 65 | ||||||
24 | years or older who has an ownership interest therein, legal,
| ||||||
25 | equitable or as a lessee, and on which he or she is liable for |
| |||||||
| |||||||
1 | the payment
of property taxes. Before taxable year 2004, the | ||||||
2 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||
3 | more inhabitants and $2,000 in all other counties. For taxable | ||||||
4 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
5 | in all counties. For taxable years 2006 and thereafter, the | ||||||
6 | maximum reduction shall be $3,500 in all counties.
| ||||||
7 | For land
improved with an apartment building owned and | ||||||
8 | operated as a cooperative, the maximum reduction from the value | ||||||
9 | of the property, as
equalized
by the Department, shall be | ||||||
10 | multiplied by the number of apartments or units
occupied by a | ||||||
11 | person 65 years of age or older who is liable, by contract with
| ||||||
12 | the owner or owners of record, for paying property taxes on the | ||||||
13 | property and
is an owner of record of a legal or equitable | ||||||
14 | interest in the cooperative
apartment building, other than a | ||||||
15 | leasehold interest. For land improved with
a life care | ||||||
16 | facility, the maximum reduction from the value of the property, | ||||||
17 | as
equalized by the Department, shall be multiplied by the | ||||||
18 | number of apartments or
units occupied by persons 65 years of | ||||||
19 | age or older, irrespective of any legal,
equitable, or | ||||||
20 | leasehold interest in the facility, who are liable, under a
| ||||||
21 | contract with the owner or owners of record of the facility, | ||||||
22 | for paying
property taxes on the property. In a
cooperative or | ||||||
23 | a life care facility where a
homestead exemption has been | ||||||
24 | granted, the cooperative association or the
management firm of | ||||||
25 | the cooperative or facility shall credit the savings
resulting | ||||||
26 | from that exemption only to
the apportioned tax liability of |
| |||||||
| |||||||
1 | the owner or resident who qualified for
the exemption.
Any | ||||||
2 | person who willfully refuses to so credit the savings shall be | ||||||
3 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
4 | Sections 15-175 and 15-176, "life care
facility" means a | ||||||
5 | facility as defined in Section 2 of the Life Care Facilities
| ||||||
6 | Act, with which the applicant for the homestead exemption has a | ||||||
7 | life care
contract as defined in that Act.
| ||||||
8 | When a homestead exemption has been granted under this | ||||||
9 | Section and the person
qualifying subsequently becomes a | ||||||
10 | resident of a facility licensed under the
Nursing Home Care | ||||||
11 | Act, the exemption shall continue so long as the residence
| ||||||
12 | continues to be occupied by the qualifying person's spouse if | ||||||
13 | the spouse is 65
years of age or older, or if the residence | ||||||
14 | remains unoccupied but is still
owned by the person qualified | ||||||
15 | for the homestead exemption.
| ||||||
16 | A person who will be 65 years of age
during the current | ||||||
17 | assessment year
shall
be eligible to apply for the homestead | ||||||
18 | exemption during that assessment
year.
Application shall be | ||||||
19 | made during the application period in effect for the
county of | ||||||
20 | his residence.
| ||||||
21 | Beginning with assessment year 2003, for taxes payable in | ||||||
22 | 2004,
property
that is first occupied as a residence after | ||||||
23 | January 1 of any assessment year by
a person who is eligible | ||||||
24 | for the senior citizens homestead exemption under this
Section | ||||||
25 | must be granted a pro-rata exemption for the assessment year. | ||||||
26 | The
amount of the pro-rata exemption is the exemption
allowed |
| |||||||
| |||||||
1 | in the county under this Section divided by 365 and multiplied | ||||||
2 | by the
number of days during the assessment year the property | ||||||
3 | is occupied as a
residence by a
person eligible for the | ||||||
4 | exemption under this Section. The chief county
assessment | ||||||
5 | officer must adopt reasonable procedures to establish | ||||||
6 | eligibility
for this pro-rata exemption.
| ||||||
7 | The assessor or chief county assessment officer may | ||||||
8 | determine the eligibility
of a life care facility to receive | ||||||
9 | the benefits provided by this Section, by
affidavit, | ||||||
10 | application, visual inspection, questionnaire or other | ||||||
11 | reasonable
methods in order to insure that the tax savings | ||||||
12 | resulting from the exemption
are credited by the management | ||||||
13 | firm to the apportioned tax liability of each
qualifying | ||||||
14 | resident. The assessor may request reasonable proof that the
| ||||||
15 | management firm has so credited the exemption.
| ||||||
16 | The chief county assessment officer of each county with | ||||||
17 | less than 3,000,000
inhabitants shall provide to each person | ||||||
18 | allowed a homestead exemption under
this Section a form to | ||||||
19 | designate any other person to receive a
duplicate of any notice | ||||||
20 | of delinquency in the payment of taxes assessed and
levied | ||||||
21 | under this Code on the property of the person receiving the | ||||||
22 | exemption.
The duplicate notice shall be in addition to the | ||||||
23 | notice required to be
provided to the person receiving the | ||||||
24 | exemption, and shall be given in the
manner required by this | ||||||
25 | Code. The person filing the request for the duplicate
notice | ||||||
26 | shall pay a fee of $5 to cover administrative costs to the |
| |||||||
| |||||||
1 | supervisor of
assessments, who shall then file the executed | ||||||
2 | designation with the county
collector. Notwithstanding any | ||||||
3 | other provision of this Code to the contrary,
the filing of | ||||||
4 | such an executed designation requires the county collector to
| ||||||
5 | provide duplicate notices as indicated by the designation. A | ||||||
6 | designation may
be rescinded by the person who executed such | ||||||
7 | designation at any time, in the
manner and form required by the | ||||||
8 | chief county assessment officer.
| ||||||
9 | The assessor or chief county assessment officer may | ||||||
10 | determine the
eligibility of residential property to receive | ||||||
11 | the homestead exemption provided
by this Section by | ||||||
12 | application, visual inspection, questionnaire or other
| ||||||
13 | reasonable methods. The determination shall be made in | ||||||
14 | accordance with
guidelines established by the Department.
| ||||||
15 | In all counties with less than 3,000,000 inhabitants , the | ||||||
16 | county board may by
resolution provide that if a person has | ||||||
17 | been granted a homestead exemption
under this Section, the | ||||||
18 | person qualifying need not reapply for the exemption.
| ||||||
19 | In counties with less than 3,000,000 inhabitants, if the | ||||||
20 | assessor or 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 | The assessor or chief county assessment officer shall | ||||||
25 | notify each person
who qualifies for an exemption under this | ||||||
26 | Section that the person may also
qualify for deferral of real |
| |||||||
| |||||||
1 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
2 | Act. The notice shall set forth the qualifications needed for
| ||||||
3 | deferral of real estate taxes, the address and telephone number | ||||||
4 | of
county collector, and a
statement that applications for | ||||||
5 | deferral of real estate taxes may be obtained
from the county | ||||||
6 | collector.
| ||||||
7 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
8 | no
reimbursement by the State is required for the | ||||||
9 | implementation of any mandate
created by this Section.
| ||||||
10 | (Source: P.A. 93-511, eff. 8-11-03; 93-715, eff. 7-12-04; | ||||||
11 | 94-794, eff. 5-22-06.)
| ||||||
12 | (35 ILCS 200/15-176)
| ||||||
13 | Sec. 15-176. Alternative general homestead exemption.
| ||||||
14 | (a) For the assessment years as determined under subsection | ||||||
15 | (j), in any county that has elected, by an ordinance in | ||||||
16 | accordance with subsection (k), to be subject to the provisions | ||||||
17 | of this Section in lieu of the provisions of Section 15-175, | ||||||
18 | homestead property is
entitled to
an annual homestead exemption | ||||||
19 | equal to a reduction in the property's equalized
assessed
value | ||||||
20 | calculated as provided in this Section.
| ||||||
21 | (b) As used in this Section:
| ||||||
22 | (1) "Assessor" means the supervisor of assessments or | ||||||
23 | the chief county assessment officer of each county.
| ||||||
24 | (2) "Adjusted homestead value" means the lesser of the | ||||||
25 | following values:
|
| |||||||
| |||||||
1 | (A) The property's base homestead value increased | ||||||
2 | by 7% for each
tax year after the base year through and | ||||||
3 | including the current tax year, or, if the property is | ||||||
4 | sold or ownership is otherwise transferred, the | ||||||
5 | property's base homestead value increased by 7% for | ||||||
6 | each tax year after the year of the sale or transfer | ||||||
7 | through and including the current tax year. The | ||||||
8 | increase by 7% each year is an increase by 7% over the | ||||||
9 | prior year.
| ||||||
10 | (B) The property's equalized assessed value for | ||||||
11 | the current tax
year minus : (i) $4,500 in Cook County | ||||||
12 | or $3,500 in all other counties in tax year 2003 ;
or
| ||||||
13 | (ii) $5,000 in all counties in tax years
year 2004 and | ||||||
14 | 2005; and (iii) the lesser of $5,000 or an amount equal | ||||||
15 | to the increase in the equalized assessed value for the | ||||||
16 | current tax year above the equalized assessed value for | ||||||
17 | 1977 in tax year 2006 and thereafter.
| ||||||
18 | (3) "Base homestead value".
| ||||||
19 | (A) Except as provided in subdivision (b)(3)(A-5) | ||||||
20 | or (b)(3)(B), "base homestead value" means the | ||||||
21 | equalized assessed value of the property for the base | ||||||
22 | year
prior to exemptions, minus (i) $4,500 in Cook | ||||||
23 | County or $3,500 in all other counties in tax year 2003 | ||||||
24 | or (ii) $5,000 in all counties in tax year 2004 and | ||||||
25 | thereafter, provided that it was assessed for that
year | ||||||
26 | as residential property qualified for any of the |
| |||||||
| |||||||
1 | homestead exemptions
under Sections 15-170 through | ||||||
2 | 15-175 of this Code, then in force, and
further | ||||||
3 | provided that the property's assessment was not based | ||||||
4 | on a reduced
assessed value resulting from a temporary | ||||||
5 | irregularity in the property for
that year. Except as | ||||||
6 | provided in subdivision (b)(3)(B), if the property did | ||||||
7 | not have a
residential
equalized assessed value for the | ||||||
8 | base year, then "base homestead value" means the base
| ||||||
9 | homestead value established by the assessor under | ||||||
10 | subsection (c).
| ||||||
11 | (A-5) On or before July 1, 2007, in Cook County, | ||||||
12 | the base homestead value, as set forth under | ||||||
13 | subdivision (b)(3)(A) and except as provided under | ||||||
14 | subdivision (b) (3) (B), must be recalculated as the | ||||||
15 | equalized assessed value of the property for the base | ||||||
16 | year, prior to exemptions, minus: | ||||||
17 | (1) if the general assessment year for the | ||||||
18 | property was 2003, the lesser of (i) $4,500 or (ii) | ||||||
19 | the amount equal to the increase in equalized | ||||||
20 | assessed value for the 2002 tax year above the | ||||||
21 | equalized assessed value for 1977; | ||||||
22 | (2) if the general assessment year for the | ||||||
23 | property was 2004, the lesser of (i) $4,500 or (ii) | ||||||
24 | the amount equal to the increase in equalized | ||||||
25 | assessed value for the 2003 tax year above the | ||||||
26 | equalized assessed value for 1977; |
| |||||||
| |||||||
1 | (3) if the general assessment year for the | ||||||
2 | property was 2005, the lesser of (i) $5,000 or (ii) | ||||||
3 | the amount equal to the increase in equalized | ||||||
4 | assessed value for the 2004 tax year above the | ||||||
5 | equalized assessed value for 1977.
| ||||||
6 | (B) If the property is sold or ownership is | ||||||
7 | otherwise transferred, other than sales or transfers | ||||||
8 | between spouses or between a parent and a child, "base | ||||||
9 | homestead value" means the equalized assessed value of | ||||||
10 | the property at the time of the sale or transfer prior | ||||||
11 | to exemptions, minus : (i) $4,500 in Cook County or | ||||||
12 | $3,500 in all other counties in tax year 2003 ;
or (ii) | ||||||
13 | $5,000 in all counties in tax years
year 2004 and 2005; | ||||||
14 | and (iii) the lesser of $5,000 or an amount equal to | ||||||
15 | the increase in the equalized assessed value for the | ||||||
16 | current tax year above the equalized assessed value for | ||||||
17 | 1977 in tax year 2006 and thereafter, provided that it | ||||||
18 | was assessed as residential property qualified for any | ||||||
19 | of the homestead exemptions
under Sections 15-170 | ||||||
20 | through 15-175 of this Code, then in force, and
further | ||||||
21 | provided that the property's assessment was not based | ||||||
22 | on a reduced
assessed value resulting from a temporary | ||||||
23 | irregularity in the property.
| ||||||
24 | (3.5) "Base year" means (i) tax year 2002 in Cook | ||||||
25 | County or (ii) tax year 2005 or 2006
2002 or 2003 in all | ||||||
26 | other counties in accordance with the designation made by |
| |||||||
| |||||||
1 | the county as provided in subsection (k).
| ||||||
2 | (4) "Current tax year" means the tax year for which the | ||||||
3 | exemption under
this Section is being applied.
| ||||||
4 | (5) "Equalized assessed value" means the property's | ||||||
5 | assessed value as
equalized by the Department.
| ||||||
6 | (6) "Homestead" or "homestead property" means:
| ||||||
7 | (A) Residential property that as of January 1 of | ||||||
8 | the tax year is
occupied by its owner or owners as his, | ||||||
9 | her, or their principal dwelling
place, or that is a | ||||||
10 | leasehold interest on which a single family residence | ||||||
11 | is
situated, that is occupied as a residence by a | ||||||
12 | person who has a legal or
equitable interest therein | ||||||
13 | evidenced by a written instrument, as an owner
or as a | ||||||
14 | lessee, and on which the person is liable for the | ||||||
15 | payment of
property taxes. Residential units in an | ||||||
16 | apartment building owned and
operated as a | ||||||
17 | cooperative, or as a life care facility, which are | ||||||
18 | occupied by
persons who hold a legal or equitable | ||||||
19 | interest in the cooperative apartment
building or life | ||||||
20 | care facility as owners or lessees, and who are liable | ||||||
21 | by
contract for the payment of property taxes, shall be | ||||||
22 | included within this
definition of homestead property.
| ||||||
23 | (B) A homestead includes the dwelling place, | ||||||
24 | appurtenant
structures, and so much of the surrounding | ||||||
25 | land constituting the parcel on
which the dwelling | ||||||
26 | place is situated as is used for residential purposes. |
| |||||||
| |||||||
1 | If
the assessor has established a specific legal | ||||||
2 | description for a portion of
property constituting the | ||||||
3 | homestead, then the homestead shall be limited to
the | ||||||
4 | property within that description.
| ||||||
5 | (7) "Life care facility" means a facility as defined in | ||||||
6 | Section 2 of the
Life
Care Facilities Act.
| ||||||
7 | (c) If the property did not have a residential equalized | ||||||
8 | assessed value for
the base year as provided in subdivision | ||||||
9 | (b)(3)(A) of this Section, then the assessor
shall first | ||||||
10 | determine an initial value for the property by comparison with
| ||||||
11 | assessed values for the base year of other properties having | ||||||
12 | physical and
economic characteristics similar to those of the | ||||||
13 | subject property, so that the
initial value is uniform in | ||||||
14 | relation to assessed values of those other
properties for the | ||||||
15 | base year. The product of the initial value multiplied by
the | ||||||
16 | equalized factor for the base year for homestead properties in | ||||||
17 | that county, less : (i) $4,500 in Cook County or $3,500 in all | ||||||
18 | other counties in tax years
year 2003 ;
or (ii) $5,000 in all | ||||||
19 | counties in tax year 2004 and 2005; and (iii) the lesser of | ||||||
20 | $5,000 or an amount equal to the increase in the equalized | ||||||
21 | assessed value for the current tax year above the equalized | ||||||
22 | assessed value for 1977 in tax year 2006 and thereafter, is the | ||||||
23 | base homestead value.
| ||||||
24 | For any tax year for which the assessor determines or | ||||||
25 | adjusts an initial
value and
hence a base homestead value under | ||||||
26 | this subsection (c), the initial value shall
be subject
to |
| |||||||
| |||||||
1 | review by the same procedures applicable to assessed values | ||||||
2 | established
under this
Code for that tax year.
| ||||||
3 | (d) The base homestead value shall remain constant, except | ||||||
4 | that the assessor
may
revise it under the following | ||||||
5 | circumstances:
| ||||||
6 | (1) If the equalized assessed value of a homestead | ||||||
7 | property for the current
tax year is less than the previous | ||||||
8 | base homestead value for that property, then the
current | ||||||
9 | equalized assessed value (provided it is not based on a | ||||||
10 | reduced assessed
value resulting from a temporary | ||||||
11 | irregularity in the property) shall become the
base | ||||||
12 | homestead value in subsequent tax years.
| ||||||
13 | (2) For any year in which new buildings, structures, or | ||||||
14 | other
improvements are constructed on the homestead | ||||||
15 | property that would increase its
assessed value, the | ||||||
16 | assessor shall adjust the base homestead value as provided | ||||||
17 | in
subsection (c) of this Section with due regard to the | ||||||
18 | value added by the new
improvements. | ||||||
19 | (3) If the property is sold or ownership is otherwise | ||||||
20 | transferred, the base homestead value of the property shall | ||||||
21 | be adjusted as provided in subdivision (b)(3)(B). This item | ||||||
22 | (3) does not apply to sales or transfers between spouses or | ||||||
23 | between a parent and a child.
| ||||||
24 | (4) the recalculation required in Cook County under | ||||||
25 | subdivision (b)(3)(A-5).
| ||||||
26 | (e) The amount of the exemption under this Section is the |
| |||||||
| |||||||
1 | equalized assessed
value of the homestead property for the | ||||||
2 | current tax year, minus the adjusted homestead
value, with the | ||||||
3 | following exceptions: | ||||||
4 | (1) In Cook County, the
The exemption under this | ||||||
5 | Section shall not exceed $20,000 for any taxable year | ||||||
6 | through tax year: | ||||||
7 | (i) 2005, if the general assessment year for the
| ||||||
8 | property is 2003; | ||||||
9 | (ii) 2006, if the general assessment year for the
| ||||||
10 | property is 2004; or | ||||||
11 | (iii) 2007, if the general assessment year for the
| ||||||
12 | property is 2005. | ||||||
13 | Thereafter, in Cook County, the exemption under this | ||||||
14 | Section shall not exceed $60,000 for any taxable year. | ||||||
15 | (1.5) For all tax years in all other counties other | ||||||
16 | than Cook County, the exemption under this Section shall | ||||||
17 | not exceed $60,000 for any taxable year . | ||||||
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 or (ii) | ||||||
23 | $5,000 in all counties in tax year 2004 and thereafter.
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24 | (f) In the case of an apartment building owned and operated | ||||||
25 | as a cooperative, or
as a life care facility, that contains | ||||||
26 | residential units that qualify as homestead property
under this |
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1 | Section, the maximum cumulative exemption amount attributed to | ||||||
2 | the entire
building or facility shall not exceed the sum of the | ||||||
3 | exemptions calculated for each
qualified residential unit. The | ||||||
4 | cooperative association, management firm, or other person
or | ||||||
5 | entity that manages or controls the cooperative apartment | ||||||
6 | building or life care facility
shall credit the exemption | ||||||
7 | attributable to each residential unit only to the apportioned | ||||||
8 | tax
liability of the owner or other person responsible for | ||||||
9 | payment of taxes as to that unit.
Any person who willfully | ||||||
10 | refuses to so credit the exemption is guilty of a Class B
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11 | misdemeanor.
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12 | (g) When married persons maintain separate residences, the | ||||||
13 | exemption provided
under this Section shall be claimed by only | ||||||
14 | one such person and for only one residence.
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15 | (h) In the event of a sale or other transfer in ownership | ||||||
16 | of the homestead property, the exemption under this
Section | ||||||
17 | shall remain in effect for the remainder of the tax year in | ||||||
18 | which the sale or transfer occurs, but (other than for sales or | ||||||
19 | transfers between spouses or between a parent and a child) | ||||||
20 | shall be calculated using the new base homestead value as | ||||||
21 | provided in subdivision (b)(3)(B).
The assessor may require the | ||||||
22 | new owner of the property to apply for the exemption in the
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23 | following year.
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24 | (i) The assessor may determine whether property qualifies | ||||||
25 | as a homestead under
this Section by application, visual | ||||||
26 | inspection, questionnaire, or other
reasonable methods.
Each |
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1 | year, at the time the assessment books are certified to the | ||||||
2 | county clerk
by the board
of review, the assessor shall furnish | ||||||
3 | to the county clerk a list of the
properties qualified
for the | ||||||
4 | homestead exemption under this Section. The list shall note the | ||||||
5 | base
homestead
value of each property to be used in the | ||||||
6 | calculation of the exemption for the
current tax
year.
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7 | (j) In counties with 3,000,000 or more inhabitants, the | ||||||
8 | provisions of this Section apply as follows:
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9 | (1) If the general assessment year for the property is | ||||||
10 | 2003, this Section
applies for assessment years 2003, 2004, | ||||||
11 | and 2005 , 2006, 2007, and 2008 .
Thereafter, the provisions | ||||||
12 | of Section 15-175 apply.
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13 | (2) If the general assessment year for the property is | ||||||
14 | 2004, this Section
applies for assessment years 2004, 2005, | ||||||
15 | and 2006 , 2007, 2008, and 2009 .
Thereafter, the provisions | ||||||
16 | of Section 15-175 apply.
| ||||||
17 | (3) If the general assessment year for the property is | ||||||
18 | 2005, this Section
applies for assessment years 2005, 2006, | ||||||
19 | and 2007 , 2008, 2009, and 2010 .
Thereafter, the provisions | ||||||
20 | of Section 15-175 apply. | ||||||
21 | In counties with less than 3,000,000 inhabitants, this | ||||||
22 | Section applies for assessment years (i) 2006, 2007, and 2008, | ||||||
23 | and 2009 if tax year 2005
2003, 2004, and 2005 if 2002 is the | ||||||
24 | designated base year or (ii) 2007, 2008, 2009, and 2010 if tax | ||||||
25 | year 2006
2004, 2005, and 2006 if 2003 is the designated base | ||||||
26 | year. Thereafter, the provisions of Section 15-175 apply.
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1 | (k) To be subject to the provisions of this Section in lieu | |||||||||||||||||||||||||||||||||||||||||||||
2 | of Section 15-175, a county must adopt an ordinance to subject | |||||||||||||||||||||||||||||||||||||||||||||
3 | itself to the provisions of this Section within 6 months after | |||||||||||||||||||||||||||||||||||||||||||||
4 | the effective date of this amendatory Act of the 95th General | |||||||||||||||||||||||||||||||||||||||||||||
5 | Assembly
93rd General Assembly . In a county other than Cook | |||||||||||||||||||||||||||||||||||||||||||||
6 | County, the ordinance must designate either tax year 2005
2002
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7 | or tax year 2006
2003
as the base year.
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8 | (l) Notwithstanding Sections 6 and 8 of the State Mandates | |||||||||||||||||||||||||||||||||||||||||||||
9 | Act, no
reimbursement
by the State is required for the | |||||||||||||||||||||||||||||||||||||||||||||
10 | implementation of any mandate created by this
Section.
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11 | (Source: P.A. 93-715, eff. 7-12-04.) | |||||||||||||||||||||||||||||||||||||||||||||
12 | Section 90. The State Mandates Act is amended by adding | |||||||||||||||||||||||||||||||||||||||||||||
13 | Section 8.31 as follows: | |||||||||||||||||||||||||||||||||||||||||||||
14 | (30 ILCS 805/8.31 new) | |||||||||||||||||||||||||||||||||||||||||||||
15 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | |||||||||||||||||||||||||||||||||||||||||||||
16 | of this Act, no reimbursement by the State is required for the | |||||||||||||||||||||||||||||||||||||||||||||
17 | implementation of any mandate created by this amendatory Act of | |||||||||||||||||||||||||||||||||||||||||||||
18 | the 95th General Assembly.
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19 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||
20 | becoming law.
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