Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
35 ILCS 200/9-195
(35 ILCS 200/9-195)
(Text of Section WITH the changes made by P.A. 97-1161, which has been held unconstitutional) Sec. 9-195. Leasing of exempt property.
(a) Except as provided in Sections 15-35, 15-55, 15-60, 15-100,
15-103, 15-160, and 15-185,
when property which is exempt from taxation is leased to another whose property
is not exempt, and the leasing of which does not make the property taxable,
the leasehold estate and the appurtenances shall be listed as the property of
the lessee thereof, or his or her assignee. Taxes on that property shall be
collected in the same manner as on property that is not exempt, and the lessee
shall be liable for those taxes. However, no tax lien shall attach to the
exempt real estate. The changes made by Public Act 90-562 and by Public Act 91-513 are declaratory of existing law
and shall not be construed as a new enactment. The changes made by Public Acts
88-221 and 88-420 that are incorporated into this Section by Public Act 88-670 are declarative of existing law and are not a new enactment.
(b) The provisions of this Section regarding taxation of leasehold interests
in exempt property do not apply to any leasehold interest created pursuant to
any transaction described in subsection (e) of Section 15-35, subsection (c-5)
of Section 15-60, subsection (b) of Section 15-100, Section 15-103, Section 15-160, or
Section 15-185 of this Code or Section 6c of the Downstate Forest Preserve District Act.
(Source: P.A. 99-219, eff. 7-31-15; 99-642, eff. 7-28-16.)
(Text of Section WITHOUT the changes made by P.A. 97-1161, which has been held unconstitutional) Sec. 9-195. Leasing of exempt property.
(a) Except as provided in Sections 15-35, 15-55, 15-60, 15-100,
15-103, and 15-185,
when property which is exempt from taxation is leased to another whose property
is not exempt, and the leasing of which does not make the property taxable,
the leasehold estate and the appurtenances shall be listed as the property of
the lessee thereof, or his or her assignee. Taxes on that property shall be
collected in the same manner as on property that is not exempt, and the lessee
shall be liable for those taxes. However, no tax lien shall attach to the
exempt real estate. The changes made by Public Act 90-562 and by Public Act 91-513 are declaratory of existing law
and shall not be construed as a new enactment. The changes made by Public Acts
88-221 and 88-420 that are incorporated into this Section by Public Act 88-670 are declarative of existing law and are not a new enactment.
(b) The provisions of this Section regarding taxation of leasehold interests
in exempt property do not apply to any leasehold interest created pursuant to
any transaction described in subsection (e) of Section 15-35, subsection (c-5)
of Section 15-60, subsection (b) of Section 15-100, Section 15-103, or
Section 15-185 of this Code or Section 6c of the Downstate Forest Preserve District Act.
(Source: P.A. 99-219, eff. 7-31-15; 99-642, eff. 7-28-16.) |
|
