|
| | HB5545 | - 2 - | LRB098 16818 HLH 51889 b |
|
|
1 | | (i) an owner of record of the
property or had legal or |
2 | | equitable interest in the property as evidenced by a
written |
3 | | instrument or (ii) had a legal or equitable interest as a |
4 | | lessee in the
parcel of property that was single family |
5 | | residence.
If in any subsequent taxable year for which the |
6 | | applicant applies and
qualifies for the exemption the equalized |
7 | | assessed value of the residence is
less than the equalized |
8 | | assessed value in the existing base year
(provided that such |
9 | | equalized assessed value is not
based
on an
assessed value that |
10 | | results from a temporary irregularity in the property that
|
11 | | reduces the
assessed value for one or more taxable years), then |
12 | | that
subsequent taxable year shall become the base year until a |
13 | | new base year is
established under the terms of this paragraph. |
14 | | For taxable year 1999 only, the
Chief County Assessment Officer |
15 | | shall review (i) all taxable years for which
the
applicant |
16 | | applied and qualified for the exemption and (ii) the existing |
17 | | base
year.
The assessment officer shall select as the new base |
18 | | year the year with the
lowest equalized assessed value.
An |
19 | | equalized assessed value that is based on an assessed value |
20 | | that results
from a
temporary irregularity in the property that |
21 | | reduces the assessed value for one
or more
taxable years shall |
22 | | not be considered the lowest equalized assessed value.
The |
23 | | selected year shall be the base year for
taxable year 1999 and |
24 | | thereafter until a new base year is established under the
terms |
25 | | of this paragraph.
|
26 | | "Chief County Assessment Officer" means the County |
|
| | HB5545 | - 3 - | LRB098 16818 HLH 51889 b |
|
|
1 | | Assessor or Supervisor of
Assessments of the county in which |
2 | | the property is located.
|
3 | | "Disabled person" means a person who suffers from a
|
4 | | permanent physical or mental impairment resulting from |
5 | | disease, an injury,
a functional disorder, or a congenital |
6 | | condition that renders the person
incapable of
adequately |
7 | | providing for his or her own health or personal care. |
8 | | "Equalized assessed value" means the assessed value as |
9 | | equalized by the
Illinois Department of Revenue.
|
10 | | "Household" means the applicant, the spouse of the |
11 | | applicant, and all persons
using the residence of the applicant |
12 | | as their principal place of residence.
|
13 | | "Household income" means the combined income of the members |
14 | | of a household
for the calendar year preceding the taxable |
15 | | year. Notwithstanding any other provision of law, "household |
16 | | income" does not include wages paid to a member of the |
17 | | household who is a disabled person.
|
18 | | "Income" has the same meaning as provided in Section 3.07 |
19 | | of the Senior
Citizens and Disabled Persons Property Tax Relief
|
20 | | Act, except that, beginning in assessment year 2001, "income" |
21 | | does not
include veteran's benefits.
|
22 | | "Internal Revenue Code of 1986" means the United States |
23 | | Internal Revenue Code
of 1986 or any successor law or laws |
24 | | relating to federal income taxes in effect
for the year |
25 | | preceding the taxable year.
|
26 | | "Life care facility that qualifies as a cooperative" means |
|
| | HB5545 | - 4 - | LRB098 16818 HLH 51889 b |
|
|
1 | | a facility as
defined in Section 2 of the Life Care Facilities |
2 | | Act.
|
3 | | "Maximum income limitation" means: |
4 | | (1) $35,000 prior
to taxable year 1999; |
5 | | (2) $40,000 in taxable years 1999 through 2003; |
6 | | (3) $45,000 in taxable years 2004 through 2005; |
7 | | (4) $50,000 in taxable years 2006 and 2007; and |
8 | | (5) $55,000 in taxable year 2008 and thereafter.
|
9 | | "Residence" means the principal dwelling place and |
10 | | appurtenant structures
used for residential purposes in this |
11 | | State occupied on January 1 of the
taxable year by a household |
12 | | and so much of the surrounding land, constituting
the parcel |
13 | | upon which the dwelling place is situated, as is used for
|
14 | | residential purposes. If the Chief County Assessment Officer |
15 | | has established a
specific legal description for a portion of |
16 | | property constituting the
residence, then that portion of |
17 | | property shall be deemed the residence for the
purposes of this |
18 | | Section.
|
19 | | "Taxable year" means the calendar year during which ad |
20 | | valorem property taxes
payable in the next succeeding year are |
21 | | levied.
|
22 | | (c) Beginning in taxable year 1994, a senior citizens |
23 | | assessment freeze
homestead exemption is granted for real |
24 | | property that is improved with a
permanent structure that is |
25 | | occupied as a residence by an applicant who (i) is
65 years of |
26 | | age or older during the taxable year, (ii) has a household |
|
| | HB5545 | - 5 - | LRB098 16818 HLH 51889 b |
|
|
1 | | income that does not exceed the maximum income limitation, |
2 | | (iii) is liable for paying real property taxes on
the
property, |
3 | | and (iv) is an owner of record of the property or has a legal or
|
4 | | equitable interest in the property as evidenced by a written |
5 | | instrument. This
homestead exemption shall also apply to a |
6 | | leasehold interest in a parcel of
property improved with a |
7 | | permanent structure that is a single family residence
that is |
8 | | occupied as a residence by a person who (i) is 65 years of age |
9 | | or older
during the taxable year, (ii) has a household income |
10 | | that does not exceed the maximum income limitation,
(iii)
has a |
11 | | legal or equitable ownership interest in the property as |
12 | | lessee, and (iv)
is liable for the payment of real property |
13 | | taxes on that property.
|
14 | | In counties of 3,000,000 or more inhabitants, the amount of |
15 | | the exemption for all taxable years is the equalized assessed |
16 | | value of the
residence in the taxable year for which |
17 | | application is made minus the base
amount. In all other |
18 | | counties, the amount of the exemption is as follows: (i) |
19 | | through taxable year 2005 and for taxable year 2007 and |
20 | | thereafter, the amount of this exemption shall be the equalized |
21 | | assessed value of the
residence in the taxable year for which |
22 | | application is made minus the base
amount; and (ii) for
taxable |
23 | | year 2006, the amount of the exemption is as follows:
|
24 | | (1) For an applicant who has a household income of |
25 | | $45,000 or less, the amount of the exemption is the |
26 | | equalized assessed value of the
residence in the taxable |
|
| | HB5545 | - 6 - | LRB098 16818 HLH 51889 b |
|
|
1 | | year for which application is made minus the base
amount. |
2 | | (2) For an applicant who has a household income |
3 | | exceeding $45,000 but not exceeding $46,250, 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 0.8. |
7 | | (3) For an applicant who has a household income |
8 | | exceeding $46,250 but not exceeding $47,500, 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 0.6. |
12 | | (4) For an applicant who has a household income |
13 | | exceeding $47,500 but not exceeding $48,750, 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 0.4. |
17 | | (5) For an applicant who has a household income |
18 | | exceeding $48,750 but not exceeding $50,000, the amount of |
19 | | the exemption is (i) the equalized assessed value of the
|
20 | | residence in the taxable year for which application is made |
21 | | minus the base
amount (ii) multiplied by 0.2.
|
22 | | When the applicant is a surviving spouse of an applicant |
23 | | for a prior year for
the same residence for which an exemption |
24 | | under this Section has been granted,
the base year and base |
25 | | amount for that residence are the same as for the
applicant for |
26 | | the prior year.
|
|
| | HB5545 | - 7 - | LRB098 16818 HLH 51889 b |
|
|
1 | | Each year at the time the assessment books are certified to |
2 | | the County Clerk,
the Board of Review or Board of Appeals shall |
3 | | give to the County Clerk a list
of the assessed values of |
4 | | improvements on each parcel qualifying for this
exemption that |
5 | | were added after the base year for this parcel and that
|
6 | | increased the assessed value of the property.
|
7 | | In the case of land improved with an apartment building |
8 | | owned and operated as
a cooperative or a building that is a |
9 | | life care facility that qualifies as a
cooperative, the maximum |
10 | | reduction from the equalized assessed value of the
property is |
11 | | limited to the sum of the reductions calculated for each unit
|
12 | | occupied as a residence by a person or persons (i) 65 years of |
13 | | age or older, (ii) with a
household income that does not exceed |
14 | | the maximum income limitation, (iii) who is liable, by contract |
15 | | with the
owner
or owners of record, for paying real property |
16 | | taxes on the property, and (iv) who is
an owner of record of a |
17 | | legal or equitable interest in the cooperative
apartment |
18 | | building, other than a leasehold interest. In the instance of a
|
19 | | cooperative where a homestead exemption has been granted under |
20 | | this Section,
the cooperative association or its management |
21 | | firm shall credit the savings
resulting from that exemption |
22 | | only to the apportioned tax liability of the
owner who |
23 | | qualified for the exemption. Any person who willfully refuses |
24 | | to
credit that savings to an owner who qualifies for the |
25 | | exemption is guilty of a
Class B misdemeanor.
|
26 | | When a homestead exemption has been granted under this |
|
| | HB5545 | - 8 - | LRB098 16818 HLH 51889 b |
|
|
1 | | Section and an
applicant then becomes a resident of a facility |
2 | | licensed under the Assisted Living and Shared Housing Act, the |
3 | | Nursing Home
Care Act, the Specialized Mental Health |
4 | | Rehabilitation Act of 2013, or the ID/DD Community Care Act, |
5 | | the exemption shall be granted in subsequent years so long as |
6 | | the
residence (i) continues to be occupied by the qualified |
7 | | applicant's spouse or
(ii) if remaining unoccupied, is still |
8 | | owned by the qualified applicant for the
homestead exemption.
|
9 | | Beginning January 1, 1997, when an individual dies who |
10 | | would have qualified
for an exemption under this Section, and |
11 | | the surviving spouse does not
independently qualify for this |
12 | | exemption because of age, the exemption under
this Section |
13 | | shall be granted to the surviving spouse for the taxable year
|
14 | | preceding and the taxable
year of the death, provided that, |
15 | | except for age, the surviving spouse meets
all
other |
16 | | qualifications for the granting of this exemption for those |
17 | | years.
|
18 | | When married persons maintain separate residences, the |
19 | | exemption provided for
in this Section may be claimed by only |
20 | | one of such persons and for only one
residence.
|
21 | | For taxable year 1994 only, in counties having less than |
22 | | 3,000,000
inhabitants, to receive the exemption, a person shall |
23 | | submit an application by
February 15, 1995 to the Chief County |
24 | | Assessment Officer
of the county in which the property is |
25 | | located. In counties having 3,000,000
or more inhabitants, for |
26 | | taxable year 1994 and all subsequent taxable years, to
receive |
|
| | HB5545 | - 9 - | LRB098 16818 HLH 51889 b |
|
|
1 | | the exemption, a person
may submit an application to the Chief |
2 | | County
Assessment Officer of the county in which the property |
3 | | is located during such
period as may be specified by the Chief |
4 | | County Assessment Officer. The Chief
County Assessment Officer |
5 | | in counties of 3,000,000 or more inhabitants shall
annually |
6 | | give notice of the application period by mail or by |
7 | | publication. In
counties having less than 3,000,000 |
8 | | inhabitants, beginning with taxable year
1995 and thereafter, |
9 | | to receive the exemption, a person
shall
submit an
application |
10 | | by July 1 of each taxable year to the Chief County Assessment
|
11 | | Officer of the county in which the property is located. A |
12 | | county may, by
ordinance, establish a date for submission of |
13 | | applications that is
different than
July 1.
The applicant shall |
14 | | submit with the
application an affidavit of the applicant's |
15 | | total household income, age,
marital status (and if married the |
16 | | name and address of the applicant's spouse,
if known), and |
17 | | principal dwelling place of members of the household on January
|
18 | | 1 of the taxable year. The Department shall establish, by rule, |
19 | | a method for
verifying the accuracy of affidavits filed by |
20 | | applicants under this Section, and the Chief County Assessment |
21 | | Officer may conduct audits of any taxpayer claiming an |
22 | | exemption under this Section to verify that the taxpayer is |
23 | | eligible to receive the exemption. Each application shall |
24 | | contain or be verified by a written declaration that it is made |
25 | | under the penalties of perjury. A taxpayer's signing a |
26 | | fraudulent application under this Act is perjury, as defined in |
|
| | HB5545 | - 10 - | LRB098 16818 HLH 51889 b |
|
|
1 | | Section 32-2 of the Criminal Code of 2012.
The applications |
2 | | shall be clearly marked as applications for the Senior
Citizens |
3 | | Assessment Freeze Homestead Exemption and must contain a notice |
4 | | that any taxpayer who receives the exemption is subject to an |
5 | | audit by the Chief County Assessment Officer.
|
6 | | Notwithstanding any other provision to the contrary, in |
7 | | counties having fewer
than 3,000,000 inhabitants, if an |
8 | | applicant fails
to file the application required by this |
9 | | Section in a timely manner and this
failure to file is due to a |
10 | | mental or physical condition sufficiently severe so
as to |
11 | | render the applicant incapable of filing the application in a |
12 | | timely
manner, the Chief County Assessment Officer may extend |
13 | | the filing deadline for
a period of 30 days after the applicant |
14 | | regains the capability to file the
application, but in no case |
15 | | may the filing deadline be extended beyond 3
months of the |
16 | | original filing deadline. In order to receive the extension
|
17 | | provided in this paragraph, the applicant shall provide the |
18 | | Chief County
Assessment Officer with a signed statement from |
19 | | the applicant's physician
stating the nature and extent of the |
20 | | condition, that, in the
physician's opinion, the condition was |
21 | | so severe that it rendered the applicant
incapable of filing |
22 | | the application in a timely manner, and the date on which
the |
23 | | applicant regained the capability to file the application.
|
24 | | Beginning January 1, 1998, notwithstanding any other |
25 | | provision to the
contrary, in counties having fewer than |
26 | | 3,000,000 inhabitants, if an applicant
fails to file the |
|
| | HB5545 | - 11 - | LRB098 16818 HLH 51889 b |
|
|
1 | | application required by this Section in a timely manner and
|
2 | | this failure to file is due to a mental or physical condition |
3 | | sufficiently
severe so as to render the applicant incapable of |
4 | | filing the application in a
timely manner, the Chief County |
5 | | Assessment Officer may extend the filing
deadline for a period |
6 | | of 3 months. In order to receive the extension provided
in this |
7 | | paragraph, the applicant shall provide the Chief County |
8 | | Assessment
Officer with a signed statement from the applicant's |
9 | | physician stating the
nature and extent of the condition, and |
10 | | that, in the physician's opinion, the
condition was so severe |
11 | | that it rendered the applicant incapable of filing the
|
12 | | application in a timely manner.
|
13 | | In counties having less than 3,000,000 inhabitants, if an |
14 | | applicant was
denied an exemption in taxable year 1994 and the |
15 | | denial occurred due to an
error on the part of an assessment
|
16 | | official, or his or her agent or employee, then beginning in |
17 | | taxable year 1997
the
applicant's base year, for purposes of |
18 | | determining the amount of the exemption,
shall be 1993 rather |
19 | | than 1994. In addition, in taxable year 1997, the
applicant's |
20 | | exemption shall also include an amount equal to (i) the amount |
21 | | of
any exemption denied to the applicant in taxable year 1995 |
22 | | as a result of using
1994, rather than 1993, as the base year, |
23 | | (ii) the amount of any exemption
denied to the applicant in |
24 | | taxable year 1996 as a result of using 1994, rather
than 1993, |
25 | | as the base year, and (iii) the amount of the exemption |
26 | | erroneously
denied for taxable year 1994.
|
|
| | HB5545 | - 12 - | LRB098 16818 HLH 51889 b |
|
|
1 | | For purposes of this Section, a person who will be 65 years |
2 | | of age during the
current taxable year shall be eligible to |
3 | | apply for the homestead exemption
during that taxable year. |
4 | | Application shall be made during the application
period in |
5 | | effect for the county of his or her residence.
|
6 | | The Chief County Assessment Officer may determine the |
7 | | eligibility of a life
care facility that qualifies as a |
8 | | cooperative to receive the benefits
provided by this Section by |
9 | | use of an affidavit, application, visual
inspection, |
10 | | questionnaire, or other reasonable method in order to insure |
11 | | that
the tax savings resulting from the exemption are credited |
12 | | by the management
firm to the apportioned tax liability of each |
13 | | qualifying resident. The Chief
County Assessment Officer may |
14 | | request reasonable proof that the management firm
has so |
15 | | credited that exemption.
|
16 | | Except as provided in this Section, all information |
17 | | received by the chief
county assessment officer or the |
18 | | Department from applications filed under this
Section, or from |
19 | | any investigation conducted under the provisions of this
|
20 | | Section, shall be confidential, except for official purposes or
|
21 | | pursuant to official procedures for collection of any State or |
22 | | local tax or
enforcement of any civil or criminal penalty or |
23 | | sanction imposed by this Act or
by any statute or ordinance |
24 | | imposing a State or local tax. Any person who
divulges any such |
25 | | information in any manner, except in accordance with a proper
|
26 | | judicial order, is guilty of a Class A misdemeanor.
|
|
| | HB5545 | - 13 - | LRB098 16818 HLH 51889 b |
|
|
1 | | Nothing contained in this Section shall prevent the |
2 | | Director or chief county
assessment officer from publishing or |
3 | | making available reasonable statistics
concerning the |
4 | | operation of the exemption contained in this Section in which
|
5 | | the contents of claims are grouped into aggregates in such a |
6 | | way that
information contained in any individual claim shall |
7 | | not be disclosed.
|
8 | | (d) Each Chief County Assessment Officer shall annually |
9 | | publish a notice
of availability of the exemption provided |
10 | | under this Section. The notice
shall be published at least 60 |
11 | | days but no more than 75 days prior to the date
on which the |
12 | | application must be submitted to the Chief County Assessment
|
13 | | Officer of the county in which the property is located. The |
14 | | notice shall
appear in a newspaper of general circulation in |
15 | | the county.
|
16 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
17 | | no reimbursement by the State is required for the |
18 | | implementation of any mandate created by this Section.
|
19 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689, |
20 | | eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; |
21 | | 98-104, eff. 7-22-13.)
|