Full Text of HB5439 97th General Assembly
HB5439ham003 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5439
| 2 | | AMENDMENT NO. ______. Amend House Bill 5439, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Property Tax Code is amended by changing | 6 | | Sections 15-167, 15-168, 15-170, 15-172, 15-175 and 15-177 as | 7 | | follows: | 8 | | (35 ILCS 200/15-167) | 9 | | Sec. 15-167. Returning Veterans' Homestead Exemption. | 10 | | (a) Beginning with taxable year 2007, a homestead | 11 | | exemption, limited to a reduction set forth under subsection | 12 | | (b), from the property's value, as equalized or assessed by the | 13 | | Department, is granted for property that is owned and occupied | 14 | | as the principal residence of a veteran returning from an armed | 15 | | conflict involving the armed forces of the United States who is | 16 | | liable for paying real estate taxes on the property and is an |
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| 1 | | owner of record of the property or has a legal or equitable | 2 | | interest therein as evidenced by a written instrument . In | 3 | | counties with a population of 300,000 or more, a returning | 4 | | veterans' homestead exemption shall not be granted for | 5 | | leasehold interests. , except for a leasehold interest, other | 6 | | than a leasehold interest of land on which a single family | 7 | | residence is located, which is occupied as the principal | 8 | | residence of a veteran returning from an armed conflict | 9 | | involving the armed forces of the United States who has an | 10 | | ownership interest therein, legal, equitable or as a lessee, | 11 | | and on which he or she is liable for the payment of property | 12 | | taxes. | 13 | | (a-5) In counties with a population of less than 300,000, a | 14 | | returning veterans' homestead exemption shall be granted for | 15 | | leasehold property on which a single family residence, | 16 | | townhome, condominium, or cooperative is located if the single | 17 | | family residence, townhome, condominium, or cooperative is | 18 | | occupied as the principal residence of a veteran returning from | 19 | | an armed conflict involving the armed forces of the United | 20 | | States who is liable for paying real estate taxes on the | 21 | | property and all of the following conditions are met: | 22 | | (1) a notarized application for the exemption must be | 23 | | submitted each year during the application period in effect | 24 | | for the county in which the property is located; | 25 | | (2) a copy of the lease must be filed with the chief | 26 | | county assessment officer by the owner of the property at |
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| 1 | | the time the notarized application is submitted; | 2 | | (3) the lease must expressly state that the lessee is | 3 | | liable for the payment of the property taxes; and | 4 | | (4) the lease must expressly state that the lessee is | 5 | | required to pay the property taxes out of the lessee's own | 6 | | funds. | 7 | | If there is a change in lessee, or if the lessee vacates | 8 | | the property, then the owner of the property shall notify the | 9 | | chief county assessment officer within 30 days after the | 10 | | effective date of that change. Except as otherwise provided in | 11 | | this subsection, an exemption shall not be granted under this | 12 | | Section for leasehold interests in property containing | 13 | | multiple dwelling units. | 14 | | The requirements set forth in items (1) through (4) of this | 15 | | subsection (a-5), and the requirement that the owner of the | 16 | | property must notify the chief county assessment officer within | 17 | | 30 days after the effective date of a change in lessee, do not | 18 | | apply (i) to leasehold interests in property owned by a | 19 | | municipality and leased under a long-term 99-year lease with | 20 | | the tenant or (ii) if the right to the leasehold exemption | 21 | | pre-dates the effective date of this amendatory Act of the 97th | 22 | | General Assembly through pre-existing federal law, State law, | 23 | | or regulatory agreement. | 24 | | For purposes of the exemption under this Section, "veteran" | 25 | | means an Illinois resident who has served as a member of the | 26 | | United States Armed Forces, a member of the Illinois National |
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| 1 | | Guard, or a member of the United States Reserve Forces. | 2 | | (b) In all counties, the reduction is $5,000 for the | 3 | | taxable year in which the veteran returns from active duty in | 4 | | an armed conflict involving the armed forces of the United | 5 | | States; however, if the veteran first acquires his or her | 6 | | principal residence during the taxable year in which he or she | 7 | | returns, but after January 1 of that year, and if the property | 8 | | is owned and occupied by the veteran as a principal residence | 9 | | on January 1 of the next taxable year, he or she may apply the | 10 | | exemption for the next taxable year, and only the next taxable | 11 | | year, after he or she returns. Beginning in taxable year 2010, | 12 | | the reduction shall also be allowed for the taxable year after | 13 | | the taxable year in which the veteran returns from active duty | 14 | | in an armed conflict involving the armed forces of the United | 15 | | States. For land improved with an apartment building owned and | 16 | | operated as a cooperative, the maximum reduction from the value | 17 | | of the property, as equalized by the Department, must be | 18 | | multiplied by the number of apartments or units occupied by a | 19 | | veteran returning from an armed conflict involving the armed | 20 | | forces of the United States who is liable, by contract with the | 21 | | owner or owners of record, for paying property taxes on the | 22 | | property and is an owner of record of a legal or equitable | 23 | | interest in the cooperative apartment building, other than a | 24 | | leasehold interest. In a cooperative where a homestead | 25 | | exemption has been granted, the cooperative association or the | 26 | | management firm of the cooperative or facility shall credit the |
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| 1 | | savings resulting from that exemption only to the apportioned | 2 | | tax liability of the owner or resident who qualified for the | 3 | | exemption. Any person who willfully refuses to so credit the | 4 | | savings is guilty of a Class B misdemeanor. | 5 | | (c) Application must be made during the application period | 6 | | in effect for the county of his or her residence. The assessor | 7 | | or chief county assessment officer may determine the | 8 | | eligibility of residential property to receive the homestead | 9 | | exemption provided by this Section by application, visual | 10 | | inspection, questionnaire, or other reasonable methods. The | 11 | | determination must be made in accordance with guidelines | 12 | | established by the Department. | 13 | | (d) The exemption under this Section is in addition to any | 14 | | other homestead exemption provided in this Article 15. | 15 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, no | 16 | | reimbursement by the State is required for the implementation | 17 | | of any mandate created by this Section.
| 18 | | (Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10; | 19 | | 97-333, eff. 8-12-11.) | 20 | | (35 ILCS 200/15-168) | 21 | | Sec. 15-168. Disabled persons' homestead exemption. | 22 | | (a) Beginning with taxable year 2007, an
annual homestead | 23 | | exemption is granted to disabled persons in
the amount of | 24 | | $2,000, except as provided in subsection (c), to
be deducted | 25 | | from the property's value as equalized or assessed
by the |
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| 1 | | Department of Revenue. The disabled person shall receive
the | 2 | | homestead exemption upon meeting the following
requirements: | 3 | | (1) The property must be occupied as the primary | 4 | | residence by the disabled person. | 5 | | (2) The disabled person must be liable for paying the
| 6 | | real estate taxes on the property. | 7 | | (3) The disabled person must be an owner of record of
| 8 | | the property or have a legal or equitable interest in the
| 9 | | property as evidenced by a written instrument. In counties | 10 | | with a population of 300,000 or more, a disabled persons' | 11 | | homestead exemption shall not be granted for leasehold | 12 | | interests. In the case
of a leasehold interest in property, | 13 | | the lease must be for
a single family residence. | 14 | | A person who is disabled during the taxable year
is | 15 | | eligible to apply for this homestead exemption during that
| 16 | | taxable year. Application must be made during the
application | 17 | | period in effect for the county of residence. If a
homestead | 18 | | exemption has been granted under this Section and the
person | 19 | | awarded the exemption subsequently becomes a resident of
a | 20 | | facility licensed under the Nursing Home Care Act, the | 21 | | Specialized Mental Health Rehabilitation Act, or the ID/DD | 22 | | Community Care Act, then the
exemption shall continue (i) so | 23 | | long as the residence continues
to be occupied by the | 24 | | qualifying person's spouse or (ii) if the
residence remains | 25 | | unoccupied but is still owned by the person
qualified for the | 26 | | homestead exemption. |
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| 1 | | (b) For the purposes of this Section, "disabled person"
| 2 | | means a person unable to engage in any substantial gainful | 3 | | activity by reason of a medically determinable physical or | 4 | | mental impairment which can be expected to result in death or | 5 | | has lasted or can be expected to last for a continuous period | 6 | | of not less than 12 months. Disabled persons filing claims | 7 | | under this Act shall submit proof of disability in such form | 8 | | and manner as the Department shall by rule and regulation | 9 | | prescribe. Proof that a claimant is eligible to receive | 10 | | disability benefits under the Federal Social Security Act shall | 11 | | constitute proof of disability for purposes of this Act. | 12 | | Issuance of an Illinois Disabled Person Identification Card | 13 | | stating that the claimant is under a Class 2 disability, as | 14 | | defined in Section 4A of The Illinois Identification Card Act, | 15 | | shall constitute proof that the person named thereon is a | 16 | | disabled person for purposes of this Act. A disabled person not | 17 | | covered under the Federal Social Security Act and not | 18 | | presenting a Disabled Person Identification Card stating that | 19 | | the claimant is under a Class 2 disability shall be examined by | 20 | | a physician designated by the Department, and his status as a | 21 | | disabled person determined using the same standards as used by | 22 | | the Social Security Administration. The costs of any required | 23 | | examination shall be borne by the claimant. | 24 | | (c) For land improved with (i) an apartment building owned
| 25 | | and operated as a cooperative or (ii) a life care facility as
| 26 | | defined under Section 2 of the Life Care Facilities Act that is
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| 1 | | considered to be a cooperative, the maximum reduction from the
| 2 | | value of the property, as equalized or assessed by the
| 3 | | Department, shall be multiplied by the number of apartments or
| 4 | | units occupied by a disabled person. The disabled person shall
| 5 | | receive the homestead exemption upon meeting the following
| 6 | | requirements: | 7 | | (1) The property must be occupied as the primary | 8 | | residence by the
disabled person. | 9 | | (2) The disabled person must be liable by contract with
| 10 | | the owner or owners of record for paying the apportioned
| 11 | | property taxes on the property of the cooperative or life
| 12 | | care facility. In the case of a life care facility, the
| 13 | | disabled person must be liable for paying the apportioned
| 14 | | property taxes under a life care contract as defined in | 15 | | Section 2 of the Life Care Facilities Act. | 16 | | (3) The disabled person must be an owner of record of a
| 17 | | legal or equitable interest in the cooperative apartment
| 18 | | building. A leasehold interest does not meet this
| 19 | | requirement.
| 20 | | If a homestead exemption is granted under this subsection, the
| 21 | | cooperative association or management firm shall credit the
| 22 | | savings resulting from the exemption to the apportioned tax
| 23 | | liability of the qualifying disabled person. The chief county
| 24 | | assessment officer may request reasonable proof that the
| 25 | | association or firm has properly credited the exemption. A
| 26 | | person who willfully refuses to credit an exemption to the
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| 1 | | qualified disabled person is guilty of a Class B misdemeanor.
| 2 | | (c-5) In counties with a population of less than 300,000, | 3 | | an exemption under this Section shall be granted for leasehold | 4 | | property on which a single family residence, townhome, | 5 | | condominium, or cooperative is located if the single family | 6 | | residence, townhome, condominium, or cooperative is occupied | 7 | | as the principal residence of a disabled person who has a legal | 8 | | or equitable ownership interest in the property as lessee and | 9 | | is liable for the payment of real property taxes on that | 10 | | property and all of the following conditions are met: | 11 | | (1) a notarized application for the exemption must be | 12 | | submitted each year during the application period in effect | 13 | | for the county in which the property is located; | 14 | | (2) a copy of the lease must be filed with the chief | 15 | | county assessment officer by the owner of the property at | 16 | | the time the notarized application is submitted; | 17 | | (3) the lease must expressly state that the lessee is | 18 | | liable for the payment of the property taxes; and | 19 | | (4) the lease must expressly state that the lessee is | 20 | | required to pay the property taxes out of the lessee's own | 21 | | funds. | 22 | | If there is a change in lessee, or if the lessee vacates | 23 | | the property, then the owner of the property shall notify the | 24 | | chief county assessment officer within 30 days after the | 25 | | effective date of that change. Except as otherwise provided in | 26 | | this subsection, an exemption shall not be granted under this |
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| 1 | | Section for leasehold interests in property containing | 2 | | multiple dwelling units. | 3 | | The requirements set forth in items (1) through (4) of this | 4 | | subsection (c-5), and the requirement that the owner of the | 5 | | property must notify the chief county assessment officer within | 6 | | 30 days after the effective date of a change in lessee, do not | 7 | | apply (i) to leasehold interests in property owned by a | 8 | | municipality and leased under a long-term 99-year lease with | 9 | | the tenant or (ii) if the right to the leasehold exemption | 10 | | pre-dates the effective date of this amendatory Act of the 97th | 11 | | General Assembly through pre-existing federal law, State law, | 12 | | or regulatory agreement. | 13 | | (d) The chief county assessment officer shall determine the
| 14 | | eligibility of property to receive the homestead exemption
| 15 | | according to guidelines established by the Department. After a
| 16 | | person has received an exemption under this Section, an annual
| 17 | | verification of eligibility for the exemption shall be mailed
| 18 | | to the taxpayer. | 19 | | In counties with fewer than 3,000,000 inhabitants, the | 20 | | chief county assessment officer shall provide to each
person | 21 | | granted a homestead exemption under this Section a form
to | 22 | | designate any other person to receive a duplicate of any
notice | 23 | | of delinquency in the payment of taxes assessed and
levied | 24 | | under this Code on the person's qualifying property. The
| 25 | | duplicate notice shall be in addition to the notice required to
| 26 | | be provided to the person receiving the exemption and shall be |
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| 1 | | given in the manner required by this Code. The person filing
| 2 | | the request for the duplicate notice shall pay an
| 3 | | administrative fee of $5 to the chief county assessment
| 4 | | officer. The assessment officer shall then file the executed
| 5 | | designation with the county collector, who shall issue the
| 6 | | duplicate notices as indicated by the designation. A
| 7 | | designation may be rescinded by the disabled person in the
| 8 | | manner required by the chief county assessment officer. | 9 | | (e) A taxpayer who claims an exemption under Section 15-165 | 10 | | or 15-169 may not claim an exemption under this Section.
| 11 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 12 | | eff. 1-1-12; revised 9-12-11.) | 13 | | (35 ILCS 200/15-170) | 14 | | Sec. 15-170. Senior Citizens Homestead Exemption. | 15 | | (a) An annual homestead
exemption limited, except as | 16 | | described here with relation to cooperatives or
life care | 17 | | facilities, to a
maximum reduction set forth below from the | 18 | | property's value, as equalized or
assessed by the Department, | 19 | | is granted for property that is occupied as a
residence by a | 20 | | person 65 years of age or older who is liable for paying real
| 21 | | estate taxes on the property and is an owner of record of the | 22 | | property or has a
legal or equitable interest therein as | 23 | | evidenced by a written instrument . In counties with a | 24 | | population of 300,000 or more, a senior citizens homestead | 25 | | exemption shall not be granted for leasehold interests. ,
except |
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| 1 | | for a leasehold interest, other than a leasehold interest of | 2 | | land on
which a single family residence is located, which is | 3 | | occupied as a residence by
a person 65 years or older who has | 4 | | an ownership interest therein, legal,
equitable or as a lessee, | 5 | | and on which he or she is liable for the payment
of property | 6 | | taxes . Before taxable year 2004, the maximum reduction shall be | 7 | | $2,500 in counties with
3,000,000 or more inhabitants and | 8 | | $2,000 in all other counties. For taxable years 2004 through | 9 | | 2005, the maximum reduction shall be $3,000 in all counties. | 10 | | For taxable years 2006 and 2007, the maximum reduction shall be | 11 | | $3,500 and, for taxable years 2008 and thereafter, the maximum | 12 | | reduction is $4,000 in all counties.
| 13 | | (b) For land
improved with an apartment building owned and | 14 | | operated as a cooperative, the maximum reduction from the value | 15 | | of the property, as
equalized
by the Department, shall be | 16 | | multiplied by the number of apartments or units
occupied by a | 17 | | person 65 years of age or older who is liable, by contract with
| 18 | | the owner or owners of record, for paying property taxes on the | 19 | | property and
is an owner of record of a legal or equitable | 20 | | interest in the cooperative
apartment building , other than a | 21 | | leasehold interest . For land improved with
a life care | 22 | | facility, the maximum reduction from the value of the property, | 23 | | as
equalized by the Department, shall be multiplied by the | 24 | | number of apartments or
units occupied by persons 65 years of | 25 | | age or older, irrespective of any legal,
equitable, or | 26 | | leasehold interest in the facility, who are liable, under a
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| 1 | | contract with the owner or owners of record of the facility, | 2 | | for paying
property taxes on the property. In a
cooperative or | 3 | | a life care facility where a
homestead exemption has been | 4 | | granted, the cooperative association or the
management firm of | 5 | | the cooperative or facility shall credit the savings
resulting | 6 | | from that exemption only to
the apportioned tax liability of | 7 | | the owner or resident who qualified for
the exemption.
Any | 8 | | person who willfully refuses to so credit the savings shall be | 9 | | guilty of a
Class B misdemeanor. Under this Section and | 10 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means | 11 | | a facility, as defined in Section 2 of the Life Care Facilities
| 12 | | Act, with which the applicant for the homestead exemption has a | 13 | | life care
contract as defined in that Act. | 14 | | (c) When a homestead exemption has been granted under this | 15 | | Section and the person
qualifying subsequently becomes a | 16 | | resident of a facility licensed under the Assisted Living and | 17 | | Shared Housing Act, the Nursing Home Care Act, the Specialized | 18 | | Mental Health Rehabilitation Act, or the ID/DD Community Care | 19 | | Act, the exemption shall continue so long as the residence
| 20 | | continues to be occupied by the qualifying person's spouse if | 21 | | the spouse is 65
years of age or older, or if the residence | 22 | | remains unoccupied but is still
owned by the person qualified | 23 | | for the homestead exemption. | 24 | | (d) A person who will be 65 years of age
during the current | 25 | | assessment year
shall
be eligible to apply for the homestead | 26 | | exemption during that assessment
year.
Application shall be |
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| 1 | | made during the application period in effect for the
county of | 2 | | his residence. | 3 | | (e) Beginning with assessment year 2003, for taxes payable | 4 | | in 2004,
property
that is first occupied as a residence after | 5 | | January 1 of any assessment year by
a person who is eligible | 6 | | for the senior citizens homestead exemption under this
Section | 7 | | must be granted a pro-rata exemption for the assessment year. | 8 | | The
amount of the pro-rata exemption is the exemption
allowed | 9 | | in the county under this Section divided by 365 and multiplied | 10 | | by the
number of days during the assessment year the property | 11 | | is occupied as a
residence by a
person eligible for the | 12 | | exemption under this Section. The chief county
assessment | 13 | | officer must adopt reasonable procedures to establish | 14 | | eligibility
for this pro-rata exemption. | 15 | | (f) The assessor or chief county assessment officer may | 16 | | determine the eligibility
of a life care facility to receive | 17 | | the benefits provided by this Section, by
affidavit, | 18 | | application, visual inspection, questionnaire or other | 19 | | reasonable
methods in order to insure that the tax savings | 20 | | resulting from the exemption
are credited by the management | 21 | | firm to the apportioned tax liability of each
qualifying | 22 | | resident. The assessor may request reasonable proof that the
| 23 | | management firm has so credited the exemption. | 24 | | (g) The chief county assessment officer of each county with | 25 | | less than 3,000,000
inhabitants shall provide to each person | 26 | | allowed a homestead exemption under
this Section a form to |
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| 1 | | designate any other person to receive a
duplicate of any notice | 2 | | of delinquency in the payment of taxes assessed and
levied | 3 | | under this Code on the property of the person receiving the | 4 | | exemption.
The duplicate notice shall be in addition to the | 5 | | notice required to be
provided to the person receiving the | 6 | | exemption, and shall be given in the
manner required by this | 7 | | Code. The person filing the request for the duplicate
notice | 8 | | shall pay a fee of $5 to cover administrative costs to the | 9 | | supervisor of
assessments, who shall then file the executed | 10 | | designation with the county
collector. Notwithstanding any | 11 | | other provision of this Code to the contrary,
the filing of | 12 | | such an executed designation requires the county collector to
| 13 | | provide duplicate notices as indicated by the designation. A | 14 | | designation may
be rescinded by the person who executed such | 15 | | designation at any time, in the
manner and form required by the | 16 | | chief county assessment officer. | 17 | | (h) The assessor or chief county assessment officer may | 18 | | determine the
eligibility of residential property to receive | 19 | | the homestead exemption provided
by this Section by | 20 | | application, visual inspection, questionnaire or other
| 21 | | reasonable methods. The determination shall be made in | 22 | | accordance with
guidelines established by the Department. | 23 | | (i) In counties with 3,000,000 or more inhabitants, | 24 | | beginning in taxable year 2010, each taxpayer who has been | 25 | | granted an exemption under this Section must reapply on an | 26 | | annual basis. The chief county assessment officer shall mail |
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| 1 | | the application to the taxpayer. In counties with less than | 2 | | 3,000,000 inhabitants, the county board may by
resolution | 3 | | provide that if a person has been granted a homestead exemption
| 4 | | under this Section, the person qualifying need not reapply for | 5 | | the exemption. | 6 | | (j) In counties with less than 3,000,000 inhabitants, if | 7 | | the assessor or chief
county assessment officer requires annual | 8 | | application for verification of
eligibility for an exemption | 9 | | once granted under this Section, the application
shall be | 10 | | mailed to the taxpayer. | 11 | | (k) The assessor or chief county assessment officer shall | 12 | | notify each person
who qualifies for an exemption under this | 13 | | Section that the person may also
qualify for deferral of real | 14 | | estate taxes under the Senior Citizens Real Estate
Tax Deferral | 15 | | Act. The notice shall set forth the qualifications needed for
| 16 | | deferral of real estate taxes, the address and telephone number | 17 | | of
county collector, and a
statement that applications for | 18 | | deferral of real estate taxes may be obtained
from the county | 19 | | collector. | 20 | | (l) In counties with a population of less than 300,000, a | 21 | | senior citizens homestead exemption shall be granted for | 22 | | leasehold property on which a single family residence, | 23 | | townhome, condominium, or cooperative is located if the single | 24 | | family residence, townhome, condominium, or cooperative is | 25 | | occupied as the principal residence by a person 65 years or | 26 | | older who is liable for paying real estate taxes on the |
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| 1 | | property and all of the following conditions are met: | 2 | | (1) a notarized application for the exemption must be | 3 | | submitted each year during the application period in effect | 4 | | for the county in which the property is located; | 5 | | (2) a copy of the lease must be filed with the chief | 6 | | county assessment officer by the owner of the property at | 7 | | the time the notarized application is submitted; | 8 | | (3) the lease must expressly state that the lessee is | 9 | | liable for the payment of the property taxes; and | 10 | | (4) the lease must expressly state that the lessee is | 11 | | required to pay the property taxes out of the lessee's own | 12 | | funds. | 13 | | If there is a change in lessee, or if the lessee vacates | 14 | | the property, then the owner of the property shall notify the | 15 | | chief county assessment officer within 30 days after the | 16 | | effective date of that change. Except as otherwise provided in | 17 | | this subsection, an exemption shall not be granted under this | 18 | | Section for leasehold interests in property containing | 19 | | multiple dwelling units. | 20 | | The requirements set forth in items (1) through (4) of this | 21 | | subsection (l), and the requirement that the owner of the | 22 | | property must notify the chief county assessment officer within | 23 | | 30 days after the effective date of a change in lessee, do not | 24 | | apply (i) to leasehold interests in property owned by a | 25 | | municipality and leased under a long-term 99-year lease with | 26 | | the tenant or (ii) if the right to the leasehold exemption |
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| 1 | | pre-dates the effective date of this amendatory Act of the 97th | 2 | | General Assembly through pre-existing federal law, State law, | 3 | | or regulatory agreement. | 4 | | (m) Notwithstanding Sections 6 and 8 of the State Mandates | 5 | | Act, no
reimbursement by the State is required for the | 6 | | implementation of any mandate
created by this Section. | 7 | | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | 8 | | 96-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff. | 9 | | 6-28-11; 97-227, eff. 1-1-12; revised 9-12-11.)
| 10 | | (35 ILCS 200/15-172)
| 11 | | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | 12 | | Exemption.
| 13 | | (a) This Section may be cited as the Senior Citizens | 14 | | Assessment
Freeze Homestead Exemption.
| 15 | | (b) As used in this Section:
| 16 | | "Applicant" means an individual who has filed an | 17 | | application under this
Section.
| 18 | | "Base amount" means the base year equalized assessed value | 19 | | of the residence
plus the first year's equalized assessed value | 20 | | of any added improvements which
increased the assessed value of | 21 | | the residence after the base year.
| 22 | | "Base year" means the taxable year prior to the taxable | 23 | | year for which the
applicant first qualifies and applies for | 24 | | the exemption provided that in the
prior taxable year the | 25 | | property was improved with a permanent structure that
was |
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| 1 | | occupied as a residence by the applicant who (i) was liable for | 2 | | paying real
property taxes on the property and (ii) who was | 3 | | either (i) an owner of record of the
property or had legal or | 4 | | equitable interest in the property as evidenced by a
written | 5 | | instrument or (ii) had a legal or equitable interest as a | 6 | | lessee in the
parcel of property that was single family | 7 | | residence .
If in any subsequent taxable year for which the | 8 | | applicant applies and
qualifies for the exemption the equalized | 9 | | assessed value of the residence is
less than the equalized | 10 | | assessed value in the existing base year
(provided that such | 11 | | equalized assessed value is not
based
on an
assessed value that | 12 | | results from a temporary irregularity in the property that
| 13 | | reduces the
assessed value for one or more taxable years), then | 14 | | that
subsequent taxable year shall become the base year until a | 15 | | new base year is
established under the terms of this paragraph. | 16 | | For taxable year 1999 only, the
Chief County Assessment Officer | 17 | | shall review (i) all taxable years for which
the
applicant | 18 | | applied and qualified for the exemption and (ii) the existing | 19 | | base
year.
The assessment officer shall select as the new base | 20 | | year the year with the
lowest equalized assessed value.
An | 21 | | equalized assessed value that is based on an assessed value | 22 | | that results
from a
temporary irregularity in the property that | 23 | | reduces the assessed value for one
or more
taxable years shall | 24 | | not be considered the lowest equalized assessed value.
The | 25 | | selected year shall be the base year for
taxable year 1999 and | 26 | | thereafter until a new base year is established under the
terms |
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| 1 | | of this paragraph.
| 2 | | "Chief County Assessment Officer" means the County | 3 | | Assessor or Supervisor of
Assessments of the county in which | 4 | | the property is located.
| 5 | | "Equalized assessed value" means the assessed value as | 6 | | equalized by the
Illinois Department of Revenue.
| 7 | | "Household" means the applicant, the spouse of the | 8 | | applicant, and all persons
using the residence of the applicant | 9 | | as their principal place of residence.
| 10 | | "Household income" means the combined income of the members | 11 | | of a household
for the calendar year preceding the taxable | 12 | | year.
| 13 | | "Income" has the same meaning as provided in Section 3.07 | 14 | | of the Senior
Citizens and Disabled Persons Property Tax Relief | 15 | | and Pharmaceutical Assistance
Act, except that, beginning in | 16 | | assessment year 2001, "income" does not
include veteran's | 17 | | benefits.
| 18 | | "Internal Revenue Code of 1986" means the United States | 19 | | Internal Revenue Code
of 1986 or any successor law or laws | 20 | | relating to federal income taxes in effect
for the year | 21 | | preceding the taxable year.
| 22 | | "Life care facility that qualifies as a cooperative" means | 23 | | a facility as
defined in Section 2 of the Life Care Facilities | 24 | | Act.
| 25 | | "Maximum income limitation" means: | 26 | | (1) $35,000 prior
to taxable year 1999; |
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| 1 | | (2) $40,000 in taxable years 1999 through 2003; | 2 | | (3) $45,000 in taxable years 2004 through 2005; | 3 | | (4) $50,000 in taxable years 2006 and 2007; and | 4 | | (5) $55,000 in taxable year 2008 and thereafter.
| 5 | | "Residence" means the principal dwelling place and | 6 | | appurtenant structures
used for residential purposes in this | 7 | | State occupied on January 1 of the
taxable year by a household | 8 | | and so much of the surrounding land, constituting
the parcel | 9 | | upon which the dwelling place is situated, as is used for
| 10 | | residential purposes. If the Chief County Assessment Officer | 11 | | has established a
specific legal description for a portion of | 12 | | property constituting the
residence, then that portion of | 13 | | property shall be deemed the residence for the
purposes of this | 14 | | Section.
| 15 | | "Taxable year" means the calendar year during which ad | 16 | | valorem property taxes
payable in the next succeeding year are | 17 | | levied.
| 18 | | (c) Beginning in taxable year 1994, a senior citizens | 19 | | assessment freeze
homestead exemption is granted for real | 20 | | property that is improved with a
permanent structure that is | 21 | | occupied as a residence by an applicant who (i) is
65 years of | 22 | | age or older during the taxable year, (ii) has a household | 23 | | income that does not exceed the maximum income limitation, | 24 | | (iii) is liable for paying real property taxes on
the
property, | 25 | | and (iv) is an owner of record of the property or has a legal or
| 26 | | equitable interest in the property as evidenced by a written |
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| 1 | | instrument. In counties with a population of 300,000 or more, a | 2 | | senior citizens assessment freeze homestead exemption shall | 3 | | not be granted for leasehold interests. This
homestead | 4 | | exemption shall also apply to a leasehold interest in a parcel | 5 | | of
property improved with a permanent structure that is a | 6 | | single family residence
that is occupied as a residence by a | 7 | | person who (i) is 65 years of age or older
during the taxable | 8 | | year, (ii) has a household income that does not exceed the | 9 | | maximum income limitation,
(iii)
has a legal or equitable | 10 | | ownership interest in the property as lessee, and (iv)
is | 11 | | liable for the payment of real property taxes on that property.
| 12 | | In counties of 3,000,000 or more inhabitants, the amount of | 13 | | the exemption for all taxable years is the equalized assessed | 14 | | value of the
residence in the taxable year for which | 15 | | application is made minus the base
amount. In all other | 16 | | counties, the amount of the exemption is as follows: (i) | 17 | | through taxable year 2005 and for taxable year 2007 and | 18 | | thereafter, the amount of this exemption shall be the equalized | 19 | | assessed value of the
residence in the taxable year for which | 20 | | application is made minus the base
amount; and (ii) for
taxable | 21 | | year 2006, the amount of the exemption is as follows:
| 22 | | (1) For an applicant who has a household income of | 23 | | $45,000 or less, the amount of the exemption is the | 24 | | equalized assessed value of the
residence in the taxable | 25 | | year for which application is made minus the base
amount. | 26 | | (2) For an applicant who has a household income |
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| 1 | | exceeding $45,000 but not exceeding $46,250, the amount of | 2 | | the exemption is (i) the equalized assessed value of the
| 3 | | residence in the taxable year for which application is made | 4 | | minus the base
amount (ii) multiplied by 0.8. | 5 | | (3) For an applicant who has a household income | 6 | | exceeding $46,250 but not exceeding $47,500, the amount of | 7 | | the exemption is (i) the equalized assessed value of the
| 8 | | residence in the taxable year for which application is made | 9 | | minus the base
amount (ii) multiplied by 0.6. | 10 | | (4) For an applicant who has a household income | 11 | | exceeding $47,500 but not exceeding $48,750, the amount of | 12 | | the exemption is (i) the equalized assessed value of the
| 13 | | residence in the taxable year for which application is made | 14 | | minus the base
amount (ii) multiplied by 0.4. | 15 | | (5) For an applicant who has a household income | 16 | | exceeding $48,750 but not exceeding $50,000, the amount of | 17 | | the exemption is (i) the equalized assessed value of the
| 18 | | residence in the taxable year for which application is made | 19 | | minus the base
amount (ii) multiplied by 0.2.
| 20 | | When the applicant is a surviving spouse of an applicant | 21 | | for a prior year for
the same residence for which an exemption | 22 | | under this Section has been granted,
the base year and base | 23 | | amount for that residence are the same as for the
applicant for | 24 | | the prior year.
| 25 | | Each year at the time the assessment books are certified to | 26 | | the County Clerk,
the Board of Review or Board of Appeals shall |
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| 1 | | give to the County Clerk a list
of the assessed values of | 2 | | improvements on each parcel qualifying for this
exemption that | 3 | | were added after the base year for this parcel and that
| 4 | | increased the assessed value of the property.
| 5 | | In the case of land improved with an apartment building | 6 | | owned and operated as
a cooperative or a building that is a | 7 | | life care facility that qualifies as a
cooperative, the maximum | 8 | | reduction from the equalized assessed value of the
property is | 9 | | limited to the sum of the reductions calculated for each unit
| 10 | | occupied as a residence by a person or persons (i) 65 years of | 11 | | age or older, (ii) with a
household income that does not exceed | 12 | | the maximum income limitation, (iii) who is liable, by contract | 13 | | with the
owner
or owners of record, for paying real property | 14 | | taxes on the property, and (iv) who is
an owner of record of a | 15 | | legal or equitable interest in the cooperative
apartment | 16 | | building, other than a leasehold interest. In the instance of a
| 17 | | cooperative where a homestead exemption has been granted under | 18 | | this Section,
the cooperative association or its management | 19 | | firm shall credit the savings
resulting from that exemption | 20 | | only to the apportioned tax liability of the
owner who | 21 | | qualified for the exemption. Any person who willfully refuses | 22 | | to
credit that savings to an owner who qualifies for the | 23 | | exemption is guilty of a
Class B misdemeanor.
| 24 | | When a homestead exemption has been granted under this | 25 | | Section and an
applicant then becomes a resident of a facility | 26 | | licensed under the Assisted Living and Shared Housing Act, the |
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| 1 | | Nursing Home
Care Act, the Specialized Mental Health | 2 | | Rehabilitation Act, or the ID/DD Community Care Act, the | 3 | | exemption shall be granted in subsequent years so long as the
| 4 | | residence (i) continues to be occupied by the qualified | 5 | | applicant's spouse or
(ii) if remaining unoccupied, is still | 6 | | owned by the qualified applicant for the
homestead exemption.
| 7 | | Beginning January 1, 1997, when an individual dies who | 8 | | would have qualified
for an exemption under this Section, and | 9 | | the surviving spouse does not
independently qualify for this | 10 | | exemption because of age, the exemption under
this Section | 11 | | shall be granted to the surviving spouse for the taxable year
| 12 | | preceding and the taxable
year of the death, provided that, | 13 | | except for age, the surviving spouse meets
all
other | 14 | | qualifications for the granting of this exemption for those | 15 | | years.
| 16 | | When married persons maintain separate residences, the | 17 | | exemption provided for
in this Section may be claimed by only | 18 | | one of such persons and for only one
residence.
| 19 | | For taxable year 1994 only, in counties having less than | 20 | | 3,000,000
inhabitants, to receive the exemption, a person shall | 21 | | submit an application by
February 15, 1995 to the Chief County | 22 | | Assessment Officer
of the county in which the property is | 23 | | located. In counties having 3,000,000
or more inhabitants, for | 24 | | taxable year 1994 and all subsequent taxable years, to
receive | 25 | | the exemption, a person
may submit an application to the Chief | 26 | | County
Assessment Officer of the county in which the property |
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| 1 | | is located during such
period as may be specified by the Chief | 2 | | County Assessment Officer. The Chief
County Assessment Officer | 3 | | in counties of 3,000,000 or more inhabitants shall
annually | 4 | | give notice of the application period by mail or by | 5 | | publication. In
counties having less than 3,000,000 | 6 | | inhabitants, beginning with taxable year
1995 and thereafter, | 7 | | to receive the exemption, a person
shall
submit an
application | 8 | | by July 1 of each taxable year to the Chief County Assessment
| 9 | | Officer of the county in which the property is located. A | 10 | | county may, by
ordinance, establish a date for submission of | 11 | | applications that is
different than
July 1.
The applicant shall | 12 | | submit with the
application an affidavit of the applicant's | 13 | | total household income, age,
marital status (and if married the | 14 | | name and address of the applicant's spouse,
if known), and | 15 | | principal dwelling place of members of the household on January
| 16 | | 1 of the taxable year. The Department shall establish, by rule, | 17 | | a method for
verifying the accuracy of affidavits filed by | 18 | | applicants under this Section, and the Chief County Assessment | 19 | | Officer may conduct audits of any taxpayer claiming an | 20 | | exemption under this Section to verify that the taxpayer is | 21 | | eligible to receive the exemption. Each application shall | 22 | | contain or be verified by a written declaration that it is made | 23 | | under the penalties of perjury. A taxpayer's signing a | 24 | | fraudulent application under this Act is perjury, as defined in | 25 | | Section 32-2 of the Criminal Code of 1961.
The applications | 26 | | shall be clearly marked as applications for the Senior
Citizens |
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| 1 | | Assessment Freeze Homestead Exemption and must contain a notice | 2 | | that any taxpayer who receives the exemption is subject to an | 3 | | audit by the Chief County Assessment Officer.
| 4 | | Notwithstanding any other provision to the contrary, in | 5 | | counties having fewer
than 3,000,000 inhabitants, if an | 6 | | applicant fails
to file the application required by this | 7 | | Section in a timely manner and this
failure to file is due to a | 8 | | mental or physical condition sufficiently severe so
as to | 9 | | render the applicant incapable of filing the application in a | 10 | | timely
manner, the Chief County Assessment Officer may extend | 11 | | the filing deadline for
a period of 30 days after the applicant | 12 | | regains the capability to file the
application, but in no case | 13 | | may the filing deadline be extended beyond 3
months of the | 14 | | original filing deadline. In order to receive the extension
| 15 | | provided in this paragraph, the applicant shall provide the | 16 | | Chief County
Assessment Officer with a signed statement from | 17 | | the applicant's physician
stating the nature and extent of the | 18 | | condition, that, in the
physician's opinion, the condition was | 19 | | so severe that it rendered the applicant
incapable of filing | 20 | | the application in a timely manner, and the date on which
the | 21 | | applicant regained the capability to file the application.
| 22 | | Beginning January 1, 1998, notwithstanding any other | 23 | | provision to the
contrary, in counties having fewer than | 24 | | 3,000,000 inhabitants, if an applicant
fails to file the | 25 | | application required by this Section in a timely manner and
| 26 | | this failure to file is due to a mental or physical condition |
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| 1 | | sufficiently
severe so as to render the applicant incapable of | 2 | | filing the application in a
timely manner, the Chief County | 3 | | Assessment Officer may extend the filing
deadline for a period | 4 | | of 3 months. In order to receive the extension provided
in this | 5 | | paragraph, the applicant shall provide the Chief County | 6 | | Assessment
Officer with a signed statement from the applicant's | 7 | | physician stating the
nature and extent of the condition, and | 8 | | that, in the physician's opinion, the
condition was so severe | 9 | | that it rendered the applicant incapable of filing the
| 10 | | application in a timely manner.
| 11 | | In counties having less than 3,000,000 inhabitants, if an | 12 | | applicant was
denied an exemption in taxable year 1994 and the | 13 | | denial occurred due to an
error on the part of an assessment
| 14 | | official, or his or her agent or employee, then beginning in | 15 | | taxable year 1997
the
applicant's base year, for purposes of | 16 | | determining the amount of the exemption,
shall be 1993 rather | 17 | | than 1994. In addition, in taxable year 1997, the
applicant's | 18 | | exemption shall also include an amount equal to (i) the amount | 19 | | of
any exemption denied to the applicant in taxable year 1995 | 20 | | as a result of using
1994, rather than 1993, as the base year, | 21 | | (ii) the amount of any exemption
denied to the applicant in | 22 | | taxable year 1996 as a result of using 1994, rather
than 1993, | 23 | | as the base year, and (iii) the amount of the exemption | 24 | | erroneously
denied for taxable year 1994.
| 25 | | For purposes of this Section, a person who will be 65 years | 26 | | of age during the
current taxable year shall be eligible to |
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| 1 | | apply for the homestead exemption
during that taxable year. | 2 | | Application shall be made during the application
period in | 3 | | effect for the county of his or her 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 |
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| 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 | | (e) In counties with a population of less than 300,000, a | 15 | | senior citizens assessment freeze homestead exemption shall be | 16 | | granted for leasehold property on which a single family | 17 | | residence, townhome, condominium, or cooperative is located if | 18 | | the single family residence, townhome, condominium, or | 19 | | cooperative is occupied as the principal residence of a person | 20 | | who (i) is 65 years of age or older
during the taxable year, | 21 | | (ii) has a household income that does not exceed the maximum | 22 | | income limitation,
(iii)
has a legal or equitable ownership | 23 | | interest in the property as lessee, and (iv)
is liable for the | 24 | | payment of real property taxes on that property and all of the | 25 | | following conditions are met: | 26 | | (1) a notarized application for the exemption must be |
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| 1 | | submitted each year during the application period in effect | 2 | | for the county in which the property is located; | 3 | | (2) a copy of the lease must be filed with the chief | 4 | | county assessment officer by the owner of the property at | 5 | | the time the notarized application is submitted; | 6 | | (3) the lease must expressly state that the lessee is | 7 | | liable for the payment of the property taxes; and | 8 | | (4) the lease must expressly state that the lessee is | 9 | | required to pay the property taxes out of the lessee's own | 10 | | funds. | 11 | | If there is a change in lessee, or if the lessee vacates | 12 | | the property, then the owner of the property shall notify the | 13 | | chief county assessment officer within 30 days after the | 14 | | effective date of that change. Except as otherwise provided in | 15 | | this subsection, an exemption shall not be granted under this | 16 | | Section for leasehold interests in property containing | 17 | | multiple dwelling units. | 18 | | The requirements set forth in items (1) through (4) of this | 19 | | subsection (e), and the requirement that the owner of the | 20 | | property must notify the chief county assessment officer within | 21 | | 30 days after the effective date of a change in lessee, do not | 22 | | apply (i) to leasehold interests in property owned by a | 23 | | municipality and leased under a long-term 99-year lease with | 24 | | the tenant or (ii) if the right to the leasehold exemption | 25 | | pre-dates the effective date of this amendatory Act of the 97th | 26 | | General Assembly through pre-existing federal law, State law, |
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| 1 | | or regulatory agreement. | 2 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, | 3 | | no reimbursement by the State is required for the | 4 | | implementation of any mandate created by this Section.
| 5 | | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | 6 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | 7 | | revised 9-12-11.)
| 8 | | (35 ILCS 200/15-175)
| 9 | | Sec. 15-175. General homestead exemption. | 10 | | (a) Except as provided in Sections 15-176 and 15-177, | 11 | | homestead
property is
entitled to an annual homestead exemption | 12 | | limited, except as described here
with relation to | 13 | | cooperatives, to a reduction in the equalized assessed value
of | 14 | | homestead property equal to the increase in equalized assessed | 15 | | value for the
current assessment year above the equalized | 16 | | assessed value of the property for
1977, up to the maximum | 17 | | reduction set forth below. If however, the 1977
equalized | 18 | | assessed value upon which taxes were paid is subsequently | 19 | | determined
by local assessing officials, the Property Tax | 20 | | Appeal Board, or a court to have
been excessive, the equalized | 21 | | assessed value which should have been placed on
the property | 22 | | for 1977 shall be used to determine the amount of the | 23 | | exemption.
| 24 | | (b) Except as provided in Section 15-176, the maximum | 25 | | reduction before taxable year 2004 shall be
$4,500 in counties |
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| 1 | | with 3,000,000 or more
inhabitants
and $3,500 in all other | 2 | | counties. Except as provided in Sections 15-176 and 15-177, for | 3 | | taxable years 2004 through 2007, the maximum reduction shall be | 4 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, | 5 | | and, for taxable years 2009 and thereafter, the maximum | 6 | | reduction is $6,000 in all counties. If a county has elected to | 7 | | subject itself to the provisions of Section 15-176 as provided | 8 | | in subsection (k) of that Section, then, for the first taxable | 9 | | year only after the provisions of Section 15-176 no longer | 10 | | apply, for owners who, for the taxable year, have not been | 11 | | granted a senior citizens assessment freeze homestead | 12 | | exemption under Section 15-172 or a long-time occupant | 13 | | homestead exemption under Section 15-177, there shall be an | 14 | | additional exemption of $5,000 for owners with a household | 15 | | income of $30,000 or less.
| 16 | | (c) In counties with fewer than 3,000,000 inhabitants, if, | 17 | | based on the most
recent assessment, the equalized assessed | 18 | | value of
the homestead property for the current assessment year | 19 | | is greater than the
equalized assessed value of the property | 20 | | for 1977, the owner of the property
shall automatically receive | 21 | | the exemption granted under this Section in an
amount equal to | 22 | | the increase over the 1977 assessment up to the maximum
| 23 | | reduction set forth in this Section.
| 24 | | (d) If in any assessment year beginning with the 2000 | 25 | | assessment year,
homestead property has a pro-rata valuation | 26 | | under
Section 9-180 resulting in an increase in the assessed |
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| 1 | | valuation, a reduction
in equalized assessed valuation equal to | 2 | | the increase in equalized assessed
value of the property for | 3 | | the year of the pro-rata valuation above the
equalized assessed | 4 | | value of the property for 1977 shall be applied to the
property | 5 | | on a proportionate basis for the period the property qualified | 6 | | as
homestead property during the assessment year. The maximum | 7 | | proportionate
homestead exemption shall not exceed the maximum | 8 | | homestead exemption allowed in
the county under this Section | 9 | | divided by 365 and multiplied by the number of
days the | 10 | | property qualified as homestead property.
| 11 | | (e) "Homestead property" under this Section includes | 12 | | residential property that is
occupied (i) by its owner or | 13 | | owners as his or their principal dwelling place, or
(ii) that | 14 | | is a leasehold interest on which a single family residence is | 15 | | situated,
which is occupied as a residence by a person who has | 16 | | a legal or equitable an ownership interest
therein, legal or | 17 | | equitable or as a lessee, and on which the person is
liable for | 18 | | the payment of property taxes. In counties with a population of | 19 | | 300,000 or more, a general homestead exemption shall not be | 20 | | granted for leasehold interests. For land improved with
an | 21 | | apartment building owned and operated as a cooperative or a | 22 | | building which
is a life care facility as defined in Section | 23 | | 15-170 and considered to
be a cooperative under Section 15-170, | 24 | | the maximum reduction from the equalized
assessed value shall | 25 | | be limited to the increase in the value above the
equalized | 26 | | assessed value of the property for 1977, up to
the maximum |
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| 1 | | reduction set forth above, multiplied by the number of | 2 | | apartments
or units occupied by a person or persons who is | 3 | | liable, by contract with the
owner or owners of record, for | 4 | | paying property taxes on the property and is an
owner of record | 5 | | of a legal or equitable interest in the cooperative
apartment | 6 | | building, other than a leasehold interest. For purposes of this
| 7 | | Section, the term "life care facility" has the meaning stated | 8 | | in Section
15-170.
| 9 | | "Household", as used in this Section,
means the owner, the | 10 | | spouse of the owner, and all persons using
the
residence of the | 11 | | owner as their principal place of residence.
| 12 | | "Household income", as used in this Section,
means the | 13 | | combined income of the members of a household
for the calendar | 14 | | year preceding the taxable year.
| 15 | | "Income", as used in this Section,
has the same meaning as | 16 | | provided in Section 3.07 of the Senior
Citizens
and Disabled | 17 | | Persons Property Tax Relief and Pharmaceutical Assistance Act,
| 18 | | except that
"income" does not include veteran's benefits.
| 19 | | (f) In a cooperative where a homestead exemption has been | 20 | | granted, the
cooperative association or its management firm | 21 | | shall credit the savings
resulting from that exemption only to | 22 | | the apportioned tax liability of the
owner who qualified for | 23 | | the exemption. Any person who willfully refuses to so
credit | 24 | | the savings shall be guilty of a Class B misdemeanor.
| 25 | | (g) Where married persons maintain and reside in separate | 26 | | residences qualifying
as homestead property, each residence |
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| 1 | | shall receive 50% of the total reduction
in equalized assessed | 2 | | valuation provided by this Section.
| 3 | | (h) In all counties, the assessor
or chief county | 4 | | assessment officer may determine the
eligibility of | 5 | | residential property to receive the homestead exemption and the | 6 | | amount of the exemption by
application, visual inspection, | 7 | | questionnaire or other reasonable methods. The
determination | 8 | | shall be made in accordance with guidelines established by the
| 9 | | Department, provided that the taxpayer applying for an | 10 | | additional general exemption under this Section shall submit to | 11 | | the chief county assessment officer an application with an | 12 | | affidavit of the applicant's total household income, age, | 13 | | marital status (and, if married, the name and address of the | 14 | | applicant's spouse, if known), and principal dwelling place of | 15 | | members of the household on January 1 of the taxable year. The | 16 | | Department shall issue guidelines establishing a method for | 17 | | verifying the accuracy of the affidavits filed by applicants | 18 | | under this paragraph. The applications shall be clearly marked | 19 | | as applications for the Additional General Homestead | 20 | | Exemption.
| 21 | | (i) In counties with fewer than 3,000,000 inhabitants, in | 22 | | the event of a sale
of
homestead property the homestead | 23 | | exemption shall remain in effect for the
remainder of the | 24 | | assessment year of the sale. The assessor or chief county
| 25 | | assessment officer may require the new
owner of the property to | 26 | | apply for the homestead exemption for the following
assessment |
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| 1 | | year.
| 2 | | (j) In counties with a population of less than 300,000, an | 3 | | exemption under this Section shall be granted for leasehold | 4 | | property on which a single family residence, townhome, | 5 | | condominium, or cooperative is located if the single family | 6 | | residence, townhome, condominium, or cooperative is occupied | 7 | | as the principal residence of a person who has a legal or | 8 | | equitable ownership interest in the property as lessee and is | 9 | | liable for the payment of real property taxes on that property | 10 | | and all of the following conditions are met: | 11 | | (1) a notarized application for the exemption must be | 12 | | submitted each year during the application period in effect | 13 | | for the county in which the property is located; | 14 | | (2) a copy of the lease must be filed with the chief | 15 | | county assessment officer by the owner of the property at | 16 | | the time the notarized application is submitted; | 17 | | (3) the lease must expressly state that the lessee is | 18 | | liable for the payment of the property taxes; and | 19 | | (4) the lease must expressly state that the lessee is | 20 | | required to pay the property taxes out of the lessee's own | 21 | | funds. | 22 | | If there is a change in lessee, or if the lessee vacates | 23 | | the property, then the owner of the property shall notify the | 24 | | chief county assessment officer within 30 days after the | 25 | | effective date of that change. Except as otherwise provided in | 26 | | this subsection, an exemption shall not be granted under this |
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| 1 | | Section for leasehold interests in property containing | 2 | | multiple dwelling units. | 3 | | The requirements set forth in items (1) through (4) of this | 4 | | subsection (j), and the requirement that the owner of the | 5 | | property must notify the chief county assessment officer within | 6 | | 30 days after the effective date of a change in lessee, do not | 7 | | apply (i) to leasehold interests in property owned by a | 8 | | municipality and leased under a long-term 99-year lease with | 9 | | the tenant or (ii) if the right to the leasehold exemption | 10 | | pre-dates the effective date of this amendatory Act of the 97th | 11 | | General Assembly through pre-existing federal law, State law, | 12 | | or regulatory agreement. | 13 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates | 14 | | Act, no reimbursement by the State is required for the | 15 | | implementation of any mandate created by this Section.
| 16 | | (Source: P.A. 95-644, eff. 10-12-07.)
| 17 | | (35 ILCS 200/15-177) | 18 | | Sec. 15-177. The long-time occupant homestead exemption. | 19 | | (a) If the county has elected, under Section 15-176, to be | 20 | | subject to the provisions of the alternative general homestead | 21 | | exemption, then, for taxable years 2007 and thereafter, | 22 | | regardless of whether the exemption under Section 15-176 | 23 | | applies, qualified homestead property is
entitled to
an annual | 24 | | homestead exemption equal to a reduction in the property's | 25 | | equalized
assessed
value calculated as provided in this |
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| 1 | | Section. | 2 | | (b) As used in this Section: | 3 | | "Adjusted homestead value" means the lesser of
the | 4 | | following values: | 5 | | (1) The property's base homestead value increased
by: | 6 | | (i) 10% for each taxable year after the base year through | 7 | | and including the current tax year for qualified taxpayers | 8 | | with a household income of more than $75,000 but not | 9 | | exceeding $100,000; or (ii) 7% for each taxable year after | 10 | | the base year through and including the current tax year | 11 | | for qualified taxpayers with a household income of $75,000 | 12 | | or less. The increase each year is an increase over the | 13 | | prior year; or | 14 | | (2) The property's equalized assessed value for
the | 15 | | current tax year minus the general homestead deduction. | 16 | | "Base homestead value" means: | 17 | | (1) if the property did not have an adjusted homestead | 18 | | value under Section 15-176 for the base year, then an | 19 | | amount equal to the equalized assessed value of the | 20 | | property for the base year prior to exemptions, minus the | 21 | | general homestead deduction, provided that the property's | 22 | | assessment was not based on a reduced assessed value | 23 | | resulting from a temporary irregularity in the property for | 24 | | that year; or | 25 | | (2) if the property had an adjusted homestead value | 26 | | under Section 15-176 for the base year, then an amount |
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| 1 | | equal to the adjusted homestead value of the property under | 2 | | Section 15-176 for the base year. | 3 | | "Base year" means the taxable year prior to the taxable | 4 | | year in which the taxpayer first qualifies for the exemption | 5 | | under this Section. | 6 | | "Current taxable year" means the taxable year for which
the | 7 | | exemption under this Section is being applied. | 8 | | "Equalized assessed value" means the property's
assessed | 9 | | value as equalized by the Department. | 10 | | "Homestead" or "homestead property" means residential | 11 | | property that as of January 1 of
the tax year is occupied by a | 12 | | qualified taxpayer as his or her principal dwelling place, or | 13 | | that is a leasehold interest on which a single family residence | 14 | | is situated, that is occupied as a residence by a qualified | 15 | | taxpayer who has a legal or equitable interest therein | 16 | | evidenced by a written instrument, as an owner or as a lessee, | 17 | | and on which the person is liable for the payment of property | 18 | | taxes. In counties with a population of 300,000 or more, a | 19 | | long-time occupant homestead exemption shall not be granted for | 20 | | leasehold interests. Residential units in an apartment building | 21 | | owned and operated as a cooperative, or as a life care | 22 | | facility, which are occupied by persons who hold a legal or | 23 | | equitable interest in the cooperative apartment building or | 24 | | life care facility as owners or lessees, and who are liable by | 25 | | contract for the payment of property taxes, are included within | 26 | | this definition of homestead property. A homestead includes the |
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| 1 | | dwelling place,
appurtenant structures, and so much of the | 2 | | surrounding land constituting the parcel on which the dwelling | 3 | | place is situated as is used for residential purposes. If the | 4 | | assessor has established a specific legal description for a | 5 | | portion of property constituting the homestead, then the | 6 | | homestead is limited to the property within that description. | 7 | | "Household income" has the meaning set forth under Section | 8 | | 15-172 of this Code.
| 9 | | "General homestead deduction" means the amount of the | 10 | | general homestead exemption under Section 15-175.
| 11 | | "Life care facility" means a facility defined
in Section 2 | 12 | | of the Life Care Facilities Act. | 13 | | "Qualified homestead property" means homestead property | 14 | | owned by a qualified taxpayer.
| 15 | | "Qualified taxpayer" means any individual: | 16 | | (1) who, for at least 10 continuous years as of January | 17 | | 1 of the taxable year, has occupied the same homestead | 18 | | property as a principal residence and domicile or who, for | 19 | | at least 5 continuous years as of January 1 of the taxable | 20 | | year, has occupied the same homestead property as a | 21 | | principal residence and domicile if that person received | 22 | | assistance in the acquisition of the property as part of a | 23 | | government or nonprofit housing program; and | 24 | | (2) who has a household income of $100,000 or less.
| 25 | | (c) The base homestead value must remain constant, except | 26 | | that the assessor may revise it under any of the following |
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| 1 | | circumstances: | 2 | | (1) If the equalized assessed value of a homestead
| 3 | | property for the current tax year is less than the previous | 4 | | base homestead value for that property, then the current | 5 | | equalized assessed value (provided it is not based on a | 6 | | reduced assessed value resulting from a temporary | 7 | | irregularity in the property) becomes the base homestead | 8 | | value in subsequent tax years. | 9 | | (2) For any year in which new buildings, structures,
or | 10 | | other improvements are constructed on the homestead | 11 | | property that would increase its assessed value, the | 12 | | assessor shall adjust the base homestead value with due | 13 | | regard to the value added by the new improvements. | 14 | | (d) The amount of the exemption under this Section is the | 15 | | greater of: (i) the equalized assessed value of the homestead | 16 | | property for the current tax year minus the adjusted homestead | 17 | | value; or (ii) the general homestead deduction. | 18 | | (e) In the case of an apartment building owned and operated | 19 | | as a cooperative, or as a life care facility, that contains | 20 | | residential units that qualify as homestead property of a | 21 | | qualified taxpayer under this Section, the maximum cumulative | 22 | | exemption amount attributed to the entire building or facility | 23 | | shall not exceed the sum of the exemptions calculated for each | 24 | | unit that is a qualified homestead property. The cooperative | 25 | | association, management firm, or other person or entity that | 26 | | manages or controls the cooperative apartment building or life |
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| 1 | | care facility shall credit the exemption attributable to each | 2 | | residential unit only to the apportioned tax liability of the | 3 | | qualified taxpayer as to that unit. Any person who willfully | 4 | | refuses to so credit the exemption is guilty of a Class B | 5 | | misdemeanor. | 6 | | (f) When married persons maintain separate residences, the | 7 | | exemption provided under this Section may be claimed by only | 8 | | one such person and for only one residence. No person who | 9 | | receives an exemption under Section 15-172 of this Code may | 10 | | receive an exemption under this Section. No person who receives | 11 | | an exemption under this Section may receive an exemption under | 12 | | Section 15-175 or 15-176 of this Code. | 13 | | (g) In the event of a sale or other transfer in ownership | 14 | | of the homestead property between spouses or between a parent | 15 | | and a child, the exemption under this Section remains in effect | 16 | | if the new owner has a household income of $100,000 or less. | 17 | | (h) In the event of a sale or other transfer in ownership | 18 | | of the homestead property other than subsection (g) of this | 19 | | Section, the exemption under this Section shall remain in | 20 | | effect for the remainder of the tax year and be calculated | 21 | | using the same base homestead value in which the sale or | 22 | | transfer occurs.
| 23 | | (i) To receive the exemption, a person must submit an | 24 | | application to the county assessor during the period specified | 25 | | by the county assessor. | 26 | | The county assessor shall annually give notice of the |
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| 1 | | application period by mail or by publication. | 2 | | The taxpayer must submit, with the application, an | 3 | | affidavit of the taxpayer's total household income, marital | 4 | | status (and if married the name and address of the applicant's | 5 | | spouse, if known), and principal dwelling place of members of | 6 | | the household on January 1 of the taxable year. The Department | 7 | | shall establish, by rule, a method for verifying the accuracy | 8 | | of affidavits filed by applicants under this Section, and the | 9 | | Chief County Assessment Officer may conduct audits of any | 10 | | taxpayer claiming an exemption under this Section to verify | 11 | | that the taxpayer is eligible to receive the exemption. Each | 12 | | application shall contain or be verified by a written | 13 | | declaration that it is made under the penalties of perjury. A | 14 | | taxpayer's signing a fraudulent application under this Act is | 15 | | perjury, as defined in Section 32-2 of the Criminal Code of | 16 | | 1961. The applications shall be clearly marked as applications | 17 | | for the Long-time Occupant Homestead Exemption and must contain | 18 | | a notice that any taxpayer who receives the exemption is | 19 | | subject to an audit by the Chief County Assessment Officer. | 20 | | (i-5) In counties with a population of less than 300,000, | 21 | | an exemption under this Section shall be granted for leasehold | 22 | | property on which a single family residence, townhome, | 23 | | condominium, or cooperative is located if the single family | 24 | | residence, townhome, condominium, or cooperative is occupied | 25 | | as the principal residence of a qualified taxpayer who has a | 26 | | legal or equitable ownership interest in the property as lessee |
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| 1 | | and is liable for the payment of real property taxes on that | 2 | | property and all of the following conditions are met: | 3 | | (1) a notarized application for the exemption must be | 4 | | submitted each year during the application period in effect | 5 | | for the county in which the property is located; | 6 | | (2) a copy of the lease must be filed with the chief | 7 | | county assessment officer by the owner of the property at | 8 | | the time the notarized application is submitted; | 9 | | (3) the lease must expressly state that the lessee is | 10 | | liable for the payment of the property taxes; and | 11 | | (4) the lease must expressly state that the lessee is | 12 | | required to pay the property taxes out of the lessee's own | 13 | | funds. | 14 | | If there is a change in lessee, or if the lessee vacates | 15 | | the property, then the owner of the property shall notify the | 16 | | chief county assessment officer within 30 days after the | 17 | | effective date of that change. Except as otherwise provided in | 18 | | this subsection, an exemption shall not be granted under this | 19 | | Section for leasehold interests in property containing | 20 | | multiple dwelling units. | 21 | | The requirements set forth in items (1) through (4) of this | 22 | | subsection (i-5), and the requirement that the owner of the | 23 | | property must notify the chief county assessment officer within | 24 | | 30 days after the effective date of a change in lessee, do not | 25 | | apply (i) to leasehold interests in property owned by a | 26 | | municipality and leased under a long-term 99-year lease with |
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| 1 | | the tenant or (ii) if the right to the leasehold exemption | 2 | | pre-dates the effective date of this amendatory Act of the 97th | 3 | | General Assembly through pre-existing federal law, State law, | 4 | | or regulatory agreement. | 5 | | (j) Notwithstanding Sections 6 and 8 of the State Mandates | 6 | | Act, no reimbursement by the State is required for the | 7 | | implementation of any mandate created by this Section.
| 8 | | (Source: P.A. 95-644, eff. 10-12-07.)".
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