(35 ILCS 200/9-265)
Sec. 9-265. Omitted property; interest; change in exempt use or ownership. (a)
If any property is omitted in the assessment of any year or years, not to exceed the current assessment year and 3 prior years, so that the
taxes, for which the property was liable, have not been paid, or if by reason
of defective description or assessment, taxes on any property for any year or
years have not been paid, or if any taxes are refunded under subsection (b) of
Section 14-5 because the taxes were assessed in the wrong person's name, the
property, when discovered, shall be listed and assessed by the board of review
or, in counties with 3,000,000 or more inhabitants, by the county assessor
either on his
or her own initiative or when so directed by the board of appeals or board of
review. (b) The
board of review in counties with less than 3,000,000 inhabitants or the
county assessor in counties with 3,000,000 or more inhabitants may
develop reasonable procedures for contesting the listing of omitted
property under this Division. (c) For purposes
of this Section, "defective description or assessment" includes a description
or assessment which omits all the improvements thereon as a result of which
part of the taxes on the total value of the property as improved remain unpaid.
In the case of property subject to assessment by the Department, the property
shall be listed and assessed by the Department. All such property shall be
placed on the assessment and tax books. (d) The arrearages of taxes which might
have been assessed, with 10% interest thereon for each year or portion thereof
from 2 years after the time the first correct tax bill ought to have been
received, shall be charged against the property by the county clerk.
(e) When property or acreage omitted by either incorrect survey or other
ministerial assessor error is discovered and the owner has paid its tax
bills as received for the year or years of omission of the parcel, then the
interest authorized by this Section shall not be chargeable to the owner.
However, nothing in this Section shall prevent the collection of the principal
amount of back taxes due and owing.
(f) If any property listed as exempt by the chief county assessment officer
has a change in use, a change in leasehold estate, or a change in titleholder
of record by purchase, grant, taking or transfer, it shall be the obligation
of the transferee to notify the chief county assessment officer in writing
within 90 days of the change. If mailed, the notice shall be sent by certified mail,
return receipt requested, and shall include the name and address of the
taxpayer, the legal description of the property, and the property index number
of the property when an index number exists. If notice is provided in person, it shall be provided on a form prescribed
by the chief county assessment officer, and the chief county assessment
officer shall provide a date stamped copy of the notice. Except as
provided in item (6) of subsection (a) of Section 9-260, item (6) of
Section 16-135, and item (6) of Section 16-140 of this Code, if the failure to give the
notification results in the assessing official continuing to list the property
as exempt in subsequent years, the property shall be considered omitted
property for purposes of this Code.
(g) In counties with fewer than 3,000,000 inhabitants, if a
chief county assessment officer discovers at any time before
judgment that a property has been granted a homestead exemption
under Article 15 of this Code to which it was not entitled,
the chief county assessment officer may consider the erroneously
exempt portion of the property as omitted property under this
Section for that taxable year only. (Source: P.A. 98-615, eff. 6-1-14.)
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