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1 | AN ACT concerning revenue.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 14-20, 15-170, and 15-172 and by adding Sections 15-7 | ||||||||||||||||||||||||
6 | and 18-179 as follows: | ||||||||||||||||||||||||
7 | (35 ILCS 200/14-20)
| ||||||||||||||||||||||||
8 | Sec. 14-20. Certificate of error; counties of less than | ||||||||||||||||||||||||
9 | 3,000,000. In any
county with less than 3,000,000 inhabitants, | ||||||||||||||||||||||||
10 | if, at any time before judgment or
order of sale is entered in | ||||||||||||||||||||||||
11 | any proceeding to collect or to enjoin the
collection of taxes | ||||||||||||||||||||||||
12 | based upon any assessment of any property, the chief county
| ||||||||||||||||||||||||
13 | assessment officer discovers an error or mistake in the | ||||||||||||||||||||||||
14 | assessment (other than
errors of judgment as to the valuation | ||||||||||||||||||||||||
15 | of the property), he or she shall issue
to the person | ||||||||||||||||||||||||
16 | erroneously assessed a certificate setting forth the nature of
| ||||||||||||||||||||||||
17 | the error and the cause or causes of the error.
In any county | ||||||||||||||||||||||||
18 | with less than 3,000,000 inhabitants, if an owner fails to
file
| ||||||||||||||||||||||||
19 | an application for the Senior Citizens and Disabled Persons
| ||||||||||||||||||||||||
20 | Assessment
Freeze Homestead Exemption
provided in Section | ||||||||||||||||||||||||
21 | 15-172 during the previous assessment year and qualifies
for | ||||||||||||||||||||||||
22 | the exemption, the Chief County Assessment Officer pursuant to | ||||||||||||||||||||||||
23 | this
Section,
or the Board of Review pursuant to Section 16-75, |
| |||||||
| |||||||
1 | shall issue a
certificate of error setting forth the correct | ||||||
2 | taxable valuation of the
property.
The certificate, when | ||||||
3 | properly
endorsed by the majority of the board of review, | ||||||
4 | showing their concurrence, and
not otherwise, may be used in | ||||||
5 | evidence in any court of competent jurisdiction,
and when so | ||||||
6 | introduced in evidence, shall become a part of the court record | ||||||
7 | and
shall not be removed from the files except on an order of | ||||||
8 | the court.
| ||||||
9 | (Source: P.A. 90-552, eff. 12-12-97; 91-377, eff. 7-30-99.)
| ||||||
10 | (35 ILCS 200/15-7 new) | ||||||
11 | Sec. 15-7. Income limits; Social Security. Beginning with | ||||||
12 | the 2008 assessment year, if, in order to qualify for an | ||||||
13 | exemption under this Article 15, the taxpayer must have an | ||||||
14 | income that is at or below a certain amount, then, for the | ||||||
15 | purposes of that exemption, the term "income" does not include | ||||||
16 | any Social Security benefit unless expressly stated otherwise.
| ||||||
17 | (35 ILCS 200/15-170)
| ||||||
18 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||
19 | annual homestead
exemption limited, except as described here | ||||||
20 | with relation to cooperatives or
life care facilities, to a
| ||||||
21 | maximum reduction set forth below from the property's value, as | ||||||
22 | equalized or
assessed by the Department, is granted for | ||||||
23 | property that is occupied as a
residence by a person 65 years | ||||||
24 | of age or older who is liable for paying real
estate taxes on |
| |||||||
| |||||||
1 | the property and is an owner of record of the property or has a
| ||||||
2 | legal or equitable interest therein as evidenced by a written | ||||||
3 | instrument,
except for a leasehold interest, other than a | ||||||
4 | leasehold interest of land on
which a single family residence | ||||||
5 | is located, which is occupied as a residence by
a person 65 | ||||||
6 | years or older who has an ownership interest therein, legal,
| ||||||
7 | equitable or as a lessee, and on which he or she is liable for | ||||||
8 | the payment
of property taxes. The maximum amount of the | ||||||
9 | reduction under this Section is as follows: | ||||||
10 | (1) Before taxable year 2004, the maximum reduction | ||||||
11 | shall be $2,500 in counties with
3,000,000 or more | ||||||
12 | inhabitants and $2,000 in all other counties. | ||||||
13 | (2) For taxable years 2004 through 2005, the maximum | ||||||
14 | reduction shall be $3,000 in all counties. | ||||||
15 | (3) For taxable years 2006 and 2007, the maximum | ||||||
16 | reduction shall be $3,500 . and, for | ||||||
17 | (4) For taxable year years 2008 and thereafter , the | ||||||
18 | maximum reduction is $5,500 $4,000 in all counties. | ||||||
19 | (5) For taxable years 2009 and thereafter, the maximum | ||||||
20 | reduction is the maximum reduction for the prior taxable | ||||||
21 | year increased by the annual rate of increase, for the | ||||||
22 | previous
calendar year, of the Consumer Price Index for All | ||||||
23 | Urban
Consumers for all items, published by the United | ||||||
24 | States
Bureau of Labor Statistics. | ||||||
25 | For land
improved with an apartment building owned and | ||||||
26 | operated as a cooperative, the maximum reduction from the value |
| |||||||
| |||||||
1 | of the property, as
equalized
by the Department, shall be | ||||||
2 | multiplied by the number of apartments or units
occupied by a | ||||||
3 | person 65 years of age or older who is liable, by contract with
| ||||||
4 | the owner or owners of record, for paying property taxes on the | ||||||
5 | property and
is an owner of record of a legal or equitable | ||||||
6 | interest in the cooperative
apartment building, other than a | ||||||
7 | leasehold interest. For land improved with
a life care | ||||||
8 | facility, the maximum reduction from the value of the property, | ||||||
9 | as
equalized by the Department, shall be multiplied by the | ||||||
10 | number of apartments or
units occupied by persons 65 years of | ||||||
11 | age or older, irrespective of any legal,
equitable, or | ||||||
12 | leasehold interest in the facility, who are liable, under a
| ||||||
13 | contract with the owner or owners of record of the facility, | ||||||
14 | for paying
property taxes on the property. In a
cooperative or | ||||||
15 | a life care facility where a
homestead exemption has been | ||||||
16 | granted, the cooperative association or the
management firm of | ||||||
17 | the cooperative or facility shall credit the savings
resulting | ||||||
18 | from that exemption only to
the apportioned tax liability of | ||||||
19 | the owner or resident who qualified for
the exemption.
Any | ||||||
20 | person who willfully refuses to so credit the savings shall be | ||||||
21 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
22 | Sections 15-175, 15-176, and 15-177 , "life care
facility" means | ||||||
23 | a facility , as defined in Section 2 of the Life Care Facilities
| ||||||
24 | Act, with which the applicant for the homestead exemption has a | ||||||
25 | life care
contract as defined in that Act.
| ||||||
26 | When a homestead exemption has been granted under this |
| |||||||
| |||||||
1 | Section and the person
qualifying subsequently becomes a | ||||||
2 | resident of a facility licensed under the
Nursing Home Care | ||||||
3 | Act, the exemption shall continue so long as the residence
| ||||||
4 | continues to be occupied by the qualifying person's spouse if | ||||||
5 | the spouse is 65
years of age or older, or if the residence | ||||||
6 | remains unoccupied but is still
owned by the person qualified | ||||||
7 | for the homestead exemption.
| ||||||
8 | A person who will be 65 years of age
during the current | ||||||
9 | assessment year
shall
be eligible to apply for the homestead | ||||||
10 | exemption during that assessment
year.
Application shall be | ||||||
11 | made during the application period in effect for the
county of | ||||||
12 | his residence.
| ||||||
13 | Beginning with assessment year 2003, for taxes payable in | ||||||
14 | 2004,
property
that is first occupied as a residence after | ||||||
15 | January 1 of any assessment year by
a person who is eligible | ||||||
16 | for the senior citizens homestead exemption under this
Section | ||||||
17 | must be granted a pro-rata exemption for the assessment year. | ||||||
18 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
19 | in the county under this Section divided by 365 and multiplied | ||||||
20 | by the
number of days during the assessment year the property | ||||||
21 | is occupied as a
residence by a
person eligible for the | ||||||
22 | exemption under this Section. The chief county
assessment | ||||||
23 | officer must adopt reasonable procedures to establish | ||||||
24 | eligibility
for this pro-rata exemption.
| ||||||
25 | The assessor or chief county assessment officer may | ||||||
26 | determine the eligibility
of a life care facility to receive |
| |||||||
| |||||||
1 | the benefits provided by this Section, by
affidavit, | ||||||
2 | application, visual inspection, questionnaire or other | ||||||
3 | reasonable
methods in order to insure that the tax savings | ||||||
4 | resulting from the exemption
are credited by the management | ||||||
5 | firm to the apportioned tax liability of each
qualifying | ||||||
6 | resident. The assessor may request reasonable proof that the
| ||||||
7 | management firm has so credited the exemption.
| ||||||
8 | The chief county assessment officer of each county with | ||||||
9 | less than 3,000,000
inhabitants shall provide to each person | ||||||
10 | allowed a homestead exemption under
this Section a form to | ||||||
11 | designate any other person to receive a
duplicate of any notice | ||||||
12 | of delinquency in the payment of taxes assessed and
levied | ||||||
13 | under this Code on the property of the person receiving the | ||||||
14 | exemption.
The duplicate notice shall be in addition to the | ||||||
15 | notice required to be
provided to the person receiving the | ||||||
16 | exemption, and shall be given in the
manner required by this | ||||||
17 | Code. The person filing the request for the duplicate
notice | ||||||
18 | shall pay a fee of $5 to cover administrative costs to the | ||||||
19 | supervisor of
assessments, who shall then file the executed | ||||||
20 | designation with the county
collector. Notwithstanding any | ||||||
21 | other provision of this Code to the contrary,
the filing of | ||||||
22 | such an executed designation requires the county collector to
| ||||||
23 | provide duplicate notices as indicated by the designation. A | ||||||
24 | designation may
be rescinded by the person who executed such | ||||||
25 | designation at any time, in the
manner and form required by the | ||||||
26 | chief county assessment officer.
|
| |||||||
| |||||||
1 | The assessor or chief county assessment officer may | ||||||
2 | determine the
eligibility of residential property to receive | ||||||
3 | the homestead exemption provided
by this Section by | ||||||
4 | application, visual inspection, questionnaire or other
| ||||||
5 | reasonable methods. The determination shall be made in | ||||||
6 | accordance with
guidelines established by the Department.
| ||||||
7 | In counties with less than 3,000,000 inhabitants, the | ||||||
8 | county board may by
resolution provide that if a person has | ||||||
9 | been granted a homestead exemption
under this Section, the | ||||||
10 | person qualifying need not reapply for the exemption.
| ||||||
11 | In counties with less than 3,000,000 inhabitants, if the | ||||||
12 | assessor or chief
county assessment officer requires annual | ||||||
13 | application for verification of
eligibility for an exemption | ||||||
14 | once granted under this Section, the application
shall be | ||||||
15 | mailed to the taxpayer.
| ||||||
16 | The assessor or chief county assessment officer shall | ||||||
17 | notify each person
who qualifies for an exemption under this | ||||||
18 | Section that the person may also
qualify for deferral of real | ||||||
19 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
20 | Act. The notice shall set forth the qualifications needed for
| ||||||
21 | deferral of real estate taxes, the address and telephone number | ||||||
22 | of
county collector, and a
statement that applications for | ||||||
23 | deferral of real estate taxes may be obtained
from the county | ||||||
24 | collector.
| ||||||
25 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
26 | no
reimbursement by the State is required for the |
| |||||||
| |||||||
1 | implementation of any mandate
created by this Section.
| ||||||
2 | (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07; | ||||||
3 | revised 11-2-07.)
| ||||||
4 | (35 ILCS 200/15-172)
| ||||||
5 | Sec. 15-172. Senior Citizens and Disabled Persons | ||||||
6 | Assessment Freeze Homestead Exemption.
| ||||||
7 | (a) This Section may be cited as the Senior Citizens and | ||||||
8 | Disabled Persons Assessment
Freeze Homestead Exemption.
| ||||||
9 | (b) As used in this Section:
| ||||||
10 | "Applicant" means an individual who has filed an | ||||||
11 | application under this
Section.
| ||||||
12 | "Base amount" means the base year equalized assessed value | ||||||
13 | of the residence
plus the first year's equalized assessed value | ||||||
14 | of any added improvements which
increased the assessed value of | ||||||
15 | the residence after the base year.
| ||||||
16 | "Base year" means the taxable year prior to the taxable | ||||||
17 | year for which the
applicant first qualifies and applies for | ||||||
18 | the exemption provided that in the
prior taxable year the | ||||||
19 | property was improved with a permanent structure that
was | ||||||
20 | occupied as a residence by the applicant who was liable for | ||||||
21 | paying real
property taxes on the property and who was either | ||||||
22 | (i) an owner of record of the
property or had legal or | ||||||
23 | equitable interest in the property as evidenced by a
written | ||||||
24 | instrument or (ii) had a legal or equitable interest as a | ||||||
25 | lessee in the
parcel of property that was single family |
| |||||||
| |||||||
1 | residence.
If in any subsequent taxable year for which the | ||||||
2 | applicant applies and
qualifies for the exemption the equalized | ||||||
3 | assessed value of the residence is
less than the equalized | ||||||
4 | assessed value in the existing base year
(provided that such | ||||||
5 | equalized assessed value is not
based
on an
assessed value that | ||||||
6 | results from a temporary irregularity in the property that
| ||||||
7 | reduces the
assessed value for one or more taxable years), then | ||||||
8 | that
subsequent taxable year shall become the base year until a | ||||||
9 | new base year is
established under the terms of this paragraph. | ||||||
10 | For 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 existing | ||||||
13 | base
year.
The assessment officer shall select as the new base | ||||||
14 | year the year with the
lowest equalized assessed value.
An | ||||||
15 | equalized assessed value that is based on an assessed value | ||||||
16 | that results
from a
temporary irregularity in the property that | ||||||
17 | reduces the assessed value for one
or more
taxable years shall | ||||||
18 | not be considered the lowest equalized assessed value.
The | ||||||
19 | selected year shall be the base year for
taxable year 1999 and | ||||||
20 | thereafter until a new base year is established under the
terms | ||||||
21 | of this paragraph.
| ||||||
22 | "Chief County Assessment Officer" means the County | ||||||
23 | Assessor or Supervisor of
Assessments of the county in which | ||||||
24 | the property is located.
| ||||||
25 | "Disabled person" means a person unable to
engage in any | ||||||
26 | substantial gainful activity by reason of a medically
|
| |||||||
| |||||||
1 | determinable physical
or mental impairment that (i) can be | ||||||
2 | expected to result in death or (ii) has
lasted or can be
| ||||||
3 | expected to last for a continuous period of not less than 12 | ||||||
4 | months. Disabled
persons
applying for the exemption under this | ||||||
5 | Section must submit proof of the
disability in the
manner | ||||||
6 | prescribed by the chief county assessment officer. Proof that | ||||||
7 | an
applicant is
eligible to receive disability benefits under | ||||||
8 | the federal Social Security Act
constitutes
proof of disability | ||||||
9 | for purposes of this Section. Issuance of an Illinois
Disabled | ||||||
10 | Person
Identification Card to the applicant stating that the | ||||||
11 | possessor is under a
Class 2 disability,
as defined in Section | ||||||
12 | 4A of the Illinois Identification Card Act, constitutes
proof | ||||||
13 | that the
person is a disabled person for purposes of this | ||||||
14 | Section. | ||||||
15 | "Equalized assessed value" means the assessed value as | ||||||
16 | equalized by the
Illinois Department of Revenue.
| ||||||
17 | "Household" means the applicant, the spouse of the | ||||||
18 | applicant, and all persons
using the residence of the applicant | ||||||
19 | as their principal place of residence.
| ||||||
20 | "Household income" means the combined income of the members | ||||||
21 | of a household
for the calendar year preceding the taxable | ||||||
22 | year.
| ||||||
23 | "Income" has the same meaning as provided in Section 3.07 | ||||||
24 | of the Senior
Citizens and Disabled Persons Property Tax Relief | ||||||
25 | and Pharmaceutical Assistance
Act, except that, beginning in | ||||||
26 | assessment year 2001, "income" does not
include veteran's |
| |||||||
| |||||||
1 | 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; and | ||||||
14 | (5) $55,000 in taxable year 2008 ; and thereafter | ||||||
15 | (6) $55,000 for applicants who have occupied the | ||||||
16 | residence for less than 5 years and $75,000 for all other | ||||||
17 | applicants in taxable year 2009; and | ||||||
18 | (7) in taxable year 2010 and thereafter: | ||||||
19 | (A) for applicants who have occupied the residence | ||||||
20 | for 5 years, $75,000; and | ||||||
21 | (B) for applicants who have occupied the residence | ||||||
22 | for less than or more than 5 years, an amount equal to | ||||||
23 | the maximum income limitation for the immediately | ||||||
24 | prior taxable year increased by the lesser of (i) 2% or | ||||||
25 | (ii) the percentage increase during the immediately | ||||||
26 | prior taxable year in the Consumer Price Index for All |
| |||||||
| |||||||
1 | Urban
Consumers for all items published by the United | ||||||
2 | States Department of Labor Bureau of Labor Statistics .
| ||||||
3 | "Residence" means the principal dwelling place and | ||||||
4 | appurtenant structures
used for residential purposes in this | ||||||
5 | State occupied on January 1 of the
taxable year by a household | ||||||
6 | and so much of the surrounding land, constituting
the parcel | ||||||
7 | upon which the dwelling place is situated, as is used for
| ||||||
8 | residential purposes. If the Chief County Assessment Officer | ||||||
9 | has established a
specific legal description for a portion of | ||||||
10 | property constituting the
residence, then that portion of | ||||||
11 | property shall be deemed the residence for the
purposes of this | ||||||
12 | Section.
| ||||||
13 | "Taxable year" means the calendar year during which ad | ||||||
14 | valorem property taxes
payable in the next succeeding year are | ||||||
15 | levied.
| ||||||
16 | (c) Beginning in (1) taxable year 1994 for , a senior | ||||||
17 | citizens and (2) taxable year 2008 for disabled persons, an | ||||||
18 | assessment freeze
homestead exemption is granted for real | ||||||
19 | property that is improved with a
permanent structure that is | ||||||
20 | occupied as a residence by an applicant who (i) is 55
65 years | ||||||
21 | of age or older during the taxable year, (ii) has a household | ||||||
22 | income that does not exceed the maximum income limitation, | ||||||
23 | (iii) is liable for paying real property taxes on
the
property, | ||||||
24 | and (iv) is an owner of record of the property or has a legal or
| ||||||
25 | equitable interest in the property as evidenced by a written | ||||||
26 | instrument. This
homestead exemption shall also apply to a |
| |||||||
| |||||||
1 | leasehold interest in a parcel of
property improved with a | ||||||
2 | permanent structure that is a single family residence
that is | ||||||
3 | occupied as a residence by a person who (i) is 55 65 years of | ||||||
4 | age or older or is a disabled person
during the taxable year, | ||||||
5 | (ii) has a household income that does not exceed the maximum | ||||||
6 | income limitation,
(iii)
has a legal or equitable ownership | ||||||
7 | interest in the property as lessee, and (iv)
is liable for the | ||||||
8 | payment of real property taxes on that property.
| ||||||
9 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
10 | the exemption for all taxable years is the equalized assessed | ||||||
11 | value of the
residence in the taxable year for which | ||||||
12 | application is made minus the base
amount. In all other | ||||||
13 | counties, the amount of the exemption is as follows: (i) | ||||||
14 | through taxable year 2005 and for taxable year 2007 and | ||||||
15 | thereafter, the amount of this exemption shall be the equalized | ||||||
16 | assessed value of the
residence in the taxable year for which | ||||||
17 | application is made minus the base
amount; and (ii) for
taxable | ||||||
18 | year 2006, the amount of the exemption is as follows:
| ||||||
19 | (1) For an applicant who has a household income of | ||||||
20 | $45,000 or less, the amount of the exemption is the | ||||||
21 | equalized assessed value of the
residence in the taxable | ||||||
22 | year for which application is made minus the base
amount. | ||||||
23 | (2) For an applicant who has a household income | ||||||
24 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
25 | the exemption is (i) the equalized assessed value of the
| ||||||
26 | residence in the taxable year for which application is made |
| |||||||
| |||||||
1 | minus the base
amount (ii) multiplied by 0.8. | ||||||
2 | (3) For an applicant who has a household income | ||||||
3 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
4 | the exemption is (i) the equalized assessed value of the
| ||||||
5 | residence in the taxable year for which application is made | ||||||
6 | minus the base
amount (ii) multiplied by 0.6. | ||||||
7 | (4) For an applicant who has a household income | ||||||
8 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
9 | the exemption is (i) the equalized assessed value of the
| ||||||
10 | residence in the taxable year for which application is made | ||||||
11 | minus the base
amount (ii) multiplied by 0.4. | ||||||
12 | (5) For an applicant who has a household income | ||||||
13 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
14 | the exemption is (i) the equalized assessed value of the
| ||||||
15 | residence in the taxable year for which application is made | ||||||
16 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
17 | When the applicant is a surviving spouse of an applicant | ||||||
18 | for a prior year for
the same residence for which an exemption | ||||||
19 | under this Section has been granted,
the base year and base | ||||||
20 | amount for that residence are the same as for the
applicant for | ||||||
21 | the prior year.
| ||||||
22 | Each year at the time the assessment books are certified to | ||||||
23 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
24 | give to the County Clerk a list
of the assessed values of | ||||||
25 | improvements on each parcel qualifying for this
exemption that | ||||||
26 | were added after the base year for this parcel and that
|
| |||||||
| |||||||
1 | increased the assessed value of the property.
| ||||||
2 | In the case of land improved with an apartment building | ||||||
3 | owned and operated as
a cooperative or a building that is a | ||||||
4 | life care facility that qualifies as a
cooperative, the maximum | ||||||
5 | reduction from the equalized assessed value of the
property is | ||||||
6 | limited to the sum of the reductions calculated for each unit
| ||||||
7 | occupied as a residence by a person or persons (i) 55 65 years | ||||||
8 | of age or older or is a disabled person , (ii) with a
household | ||||||
9 | income that does not exceed the maximum income limitation, | ||||||
10 | (iii) who is liable, by contract with the
owner
or owners of | ||||||
11 | record, for paying real property taxes on the property, and | ||||||
12 | (iv) who is
an owner of record of a legal or equitable interest | ||||||
13 | in the cooperative
apartment building, other than a leasehold | ||||||
14 | interest. In the instance of a
cooperative where a homestead | ||||||
15 | exemption has been granted under this Section,
the cooperative | ||||||
16 | association or its management firm shall credit the savings
| ||||||
17 | resulting from that exemption only to the apportioned tax | ||||||
18 | liability of the
owner who qualified for the exemption. Any | ||||||
19 | person who willfully refuses to
credit that savings to an owner | ||||||
20 | who qualifies for the exemption is guilty of a
Class B | ||||||
21 | misdemeanor.
| ||||||
22 | When a homestead exemption has been granted under this | ||||||
23 | Section and an
applicant then becomes a resident of a facility | ||||||
24 | licensed under the Nursing Home
Care Act, the exemption shall | ||||||
25 | be granted in subsequent years so long as the
residence (i) | ||||||
26 | continues to be occupied by the qualified applicant's spouse or
|
| |||||||
| |||||||
1 | (ii) if remaining unoccupied, is still owned by the qualified | ||||||
2 | applicant for the
homestead exemption.
| ||||||
3 | Beginning January 1, 1997 for senior citizens and January | ||||||
4 | 1, 2008 for disabled persons , when an individual dies who would | ||||||
5 | have qualified
for an exemption under this Section, and the | ||||||
6 | surviving spouse does not
independently qualify for this | ||||||
7 | exemption because of age or nondisability , the exemption under
| ||||||
8 | this Section shall be granted to the surviving spouse for the | ||||||
9 | taxable year
preceding and the taxable
year of the death, | ||||||
10 | provided that, except for age or nondisability , the surviving | ||||||
11 | spouse meets
all
other qualifications for the granting of this | ||||||
12 | exemption for those years.
| ||||||
13 | When married persons maintain separate residences, the | ||||||
14 | exemption provided for
in this Section may be claimed by only | ||||||
15 | one of such persons and for only one
residence.
| ||||||
16 | For taxable year 1994 only, in counties having less than | ||||||
17 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
18 | submit an application by
February 15, 1995 to the Chief County | ||||||
19 | Assessment Officer
of the county in which the property is | ||||||
20 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
21 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
22 | the exemption, a person
may submit an application to the Chief | ||||||
23 | County
Assessment Officer of the county in which the property | ||||||
24 | is located during such
period as may be specified by the Chief | ||||||
25 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
26 | in counties of 3,000,000 or more inhabitants shall
annually |
| |||||||
| |||||||
1 | give notice of the application period by mail or by | ||||||
2 | publication. In
counties having less than 3,000,000 | ||||||
3 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
4 | to receive the exemption, a person
shall
submit an
application | ||||||
5 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
6 | Officer of the county in which the property is located. A | ||||||
7 | county may, by
ordinance, establish a date for submission of | ||||||
8 | applications that is
different than
July 1.
The applicant shall | ||||||
9 | submit with the
application an affidavit of the applicant's | ||||||
10 | total household income, age,
marital status (and if married the | ||||||
11 | name and address of the applicant's spouse,
if known), | ||||||
12 | disability (if applying for the exemption as a disabled | ||||||
13 | person), and principal dwelling place of members of the | ||||||
14 | household on January
1 of the taxable year. The Department | ||||||
15 | shall establish, by rule, a method for
verifying the accuracy | ||||||
16 | of affidavits filed by applicants under this Section, and the | ||||||
17 | Chief County Assessment Officer may conduct audits of any | ||||||
18 | taxpayer claiming an exemption under this Section to verify | ||||||
19 | that the taxpayer is eligible to receive the exemption. Each | ||||||
20 | application shall contain or be verified by a written | ||||||
21 | declaration that it is made under the penalties of perjury. A | ||||||
22 | taxpayer's signing a fraudulent application under this Act is | ||||||
23 | perjury, as defined in Section 32-2 of the Criminal Code of | ||||||
24 | 1961.
The applications shall be clearly marked as applications | ||||||
25 | for the Senior
Citizens and Disabled Persons Assessment Freeze | ||||||
26 | Homestead Exemption and must contain a notice that any taxpayer |
| |||||||
| |||||||
1 | who receives the exemption is subject to an audit by the Chief | ||||||
2 | County Assessment Officer.
| ||||||
3 | Notwithstanding any other provision to the contrary, in | ||||||
4 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
5 | applicant fails
to file the application required by this | ||||||
6 | Section in a timely manner and this
failure to file is due to a | ||||||
7 | mental or physical condition sufficiently severe so
as to | ||||||
8 | render the applicant incapable of filing the application in a | ||||||
9 | timely
manner, the Chief County Assessment Officer may extend | ||||||
10 | the filing deadline for
a period of 30 days after the applicant | ||||||
11 | regains the capability to file the
application, but in no case | ||||||
12 | may the filing deadline be extended beyond 3
months of the | ||||||
13 | original filing deadline. In order to receive the extension
| ||||||
14 | provided in this paragraph, the applicant shall provide the | ||||||
15 | Chief County
Assessment Officer with a signed statement from | ||||||
16 | the applicant's physician
stating the nature and extent of the | ||||||
17 | condition, that, in the
physician's opinion, the condition was | ||||||
18 | so severe that it rendered the applicant
incapable of filing | ||||||
19 | the application in a timely manner, and the date on which
the | ||||||
20 | applicant regained the capability to file the application.
| ||||||
21 | Beginning January 1, 1998, notwithstanding any other | ||||||
22 | provision to the
contrary, in counties having fewer than | ||||||
23 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
24 | application required by this Section in a timely manner and
| ||||||
25 | this failure to file is due to a mental or physical condition | ||||||
26 | sufficiently
severe so as to render the applicant incapable of |
| |||||||
| |||||||
1 | filing the application in a
timely manner, the Chief County | ||||||
2 | Assessment Officer may extend the filing
deadline for a period | ||||||
3 | of 3 months. In order to receive the extension provided
in this | ||||||
4 | paragraph, the applicant shall provide the Chief County | ||||||
5 | Assessment
Officer with a signed statement from the applicant's | ||||||
6 | physician stating the
nature and extent of the condition, and | ||||||
7 | that, in the physician's opinion, the
condition was so severe | ||||||
8 | that it rendered the applicant incapable of filing the
| ||||||
9 | application in a timely manner.
| ||||||
10 | In counties having less than 3,000,000 inhabitants, if an | ||||||
11 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
12 | denial occurred due to an
error on the part of an assessment
| ||||||
13 | official, or his or her agent or employee, then beginning in | ||||||
14 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
15 | determining the amount of the exemption,
shall be 1993 rather | ||||||
16 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
17 | exemption shall also include an amount equal to (i) the amount | ||||||
18 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
19 | as a result of using
1994, rather than 1993, as the base year, | ||||||
20 | (ii) the amount of any exemption
denied to the applicant in | ||||||
21 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
22 | as the base year, and (iii) the amount of the exemption | ||||||
23 | erroneously
denied for taxable year 1994.
| ||||||
24 | For purposes of this Section, a person who will be 55 65 | ||||||
25 | years of age or is a disabled person during the
current taxable | ||||||
26 | year shall be eligible to apply for the homestead exemption
|
| |||||||
| |||||||
1 | during that taxable year. Application shall be made during the | ||||||
2 | application
period in effect for the county of his or her | ||||||
3 | residence.
| ||||||
4 | The Chief County Assessment Officer may determine the | ||||||
5 | eligibility of a life
care facility that qualifies as a | ||||||
6 | cooperative to receive the benefits
provided by this Section by | ||||||
7 | use of an affidavit, application, visual
inspection, | ||||||
8 | questionnaire, or other reasonable method in order to insure | ||||||
9 | that
the tax savings resulting from the exemption are credited | ||||||
10 | by the management
firm to the apportioned tax liability of each | ||||||
11 | qualifying resident. The Chief
County Assessment Officer may | ||||||
12 | request reasonable proof that the management firm
has so | ||||||
13 | credited that exemption.
| ||||||
14 | Except as provided in this Section, all information | ||||||
15 | received by the chief
county assessment officer or the | ||||||
16 | Department from applications filed under this
Section, or from | ||||||
17 | any investigation conducted under the provisions of this
| ||||||
18 | Section, shall be confidential, except for official purposes or
| ||||||
19 | pursuant to official procedures for collection of any State or | ||||||
20 | local tax or
enforcement of any civil or criminal penalty or | ||||||
21 | sanction imposed by this Act or
by any statute or ordinance | ||||||
22 | imposing a State or local tax. Any person who
divulges any such | ||||||
23 | information in any manner, except in accordance with a proper
| ||||||
24 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
25 | Nothing contained in this Section shall prevent the | ||||||
26 | Director or chief county
assessment officer from publishing or |
| |||||||
| |||||||
1 | making available reasonable statistics
concerning the | ||||||
2 | operation of the exemption contained in this Section in which
| ||||||
3 | the contents of claims are grouped into aggregates in such a | ||||||
4 | way that
information contained in any individual claim shall | ||||||
5 | not be disclosed.
| ||||||
6 | (d) Each Chief County Assessment Officer shall annually | ||||||
7 | publish a notice
of availability of the exemption provided | ||||||
8 | under this Section. The notice
shall be published at least 60 | ||||||
9 | days but no more than 75 days prior to the date
on which the | ||||||
10 | application must be submitted to the Chief County Assessment
| ||||||
11 | Officer of the county in which the property is located. The | ||||||
12 | notice shall
appear in a newspaper of general circulation in | ||||||
13 | the county.
| ||||||
14 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
15 | no reimbursement by the State is required for the | ||||||
16 | implementation of any mandate created by this Section.
| ||||||
17 | (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07.)
| ||||||
18 | (35 ILCS 200/18-179 new) | ||||||
19 | Sec. 18-179. Abatement of school district taxes for | ||||||
20 | eligible senior citizens. | ||||||
21 | (a) The county clerk shall abate the taxes levied by a | ||||||
22 | school district on each parcel of qualified homestead property
| ||||||
23 | that is owned
by an eligible senior citizen. | ||||||
24 | (b) The county clerk shall establish a procedure for | ||||||
25 | eligible senior citizens to apply for this abatement. |
| |||||||
| |||||||
1 | (c) As used in this Section: | ||||||
2 | "Eligible senior citizen" means a taxpayer who is 65 years | ||||||
3 | of age or older and who had an annual household income of | ||||||
4 | $35,000 or less for the previous taxable year. | ||||||
5 | "Qualified homestead property" means a parcel of real | ||||||
6 | property that: | ||||||
7 | (1) is occupied by not more than 2 families; and | ||||||
8 | (2) is used as the
principal residence by an eligible | ||||||
9 | senior citizen. | ||||||
10 | "Annual household income" has the meaning set forth under | ||||||
11 | Section 15-172. | ||||||
12 | Section 10. The School Code is amended by adding Section | ||||||
13 | 2-3.148 as follows: | ||||||
14 | (105 ILCS 5/2-3.148 new)
| ||||||
15 | Sec. 2-3.148. Tax abatement reimbursements. The Board | ||||||
16 | shall, subject to appropriation, reimburse each school | ||||||
17 | district for any revenue lost due to the property tax abatement | ||||||
18 | under Section 18-179 of the Property Tax Code. | ||||||
19 | Section 90. The State Mandates Act is amended by adding | ||||||
20 | Section 8.32 as follows: | ||||||
21 | (30 ILCS 805/8.32 new) | ||||||
22 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | of this Act, no reimbursement by the State is required for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | implementation of any mandate created by this amendatory Act of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | the 95th General Assembly.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | becoming law.
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