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90_SB0046enr
35 ILCS 200/16-175
Amends the Property Tax Code. Makes a technical change
in the Section concerning subpoenas.
LRB9001088KDks
SB46 Enrolled LRB9001088KDks
1 AN ACT in relation to property taxes, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Senior Citizens Real Estate Tax Deferral
6 Act is amended by changing Section 3 as follows:
7 (320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
8 Sec. 3. A taxpayer may, on or before March 1 of each
9 year, apply to the county collector of the county where his
10 qualifying property is located, or to the official designated
11 by a unit of local government to collect special assessments
12 on the qualifying property, as the case may be, for a
13 deferral of all or a part of real estate taxes payable during
14 that year for the preceding year in the case of real estate
15 taxes other than special assessments, or for a deferral of
16 any installments payable during that year in the case of
17 special assessments, on all or part of his qualifying
18 property. The application shall be on a form prescribed by
19 the Department and furnished by the collector, showing that
20 (a) the applicant will be 65 years of age or older by June 1
21 of the year for which a tax deferral is claimed, (b)
22 describing the property and verifying that the property is
23 qualifying property as defined in Section 2, (c) certifying
24 that the taxpayer has owned and occupied as his residence
25 such property or other qualifying property in the State for
26 at least the last 3 years except for any periods during which
27 the taxpayer may have temporarily resided in a nursing or
28 sheltered care home, and (d) specifying whether the deferral
29 is for all or a part of the taxes, and, if for a part, the
30 amount of deferral applied for. As to qualifying property not
31 having a separate assessed valuation, the taxpayer shall also
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1 file with the county collector a written appraisal of the
2 property prepared by a qualified real estate appraiser
3 together with a certificate signed by the appraiser stating
4 that he has personally examined the property and setting
5 forth the value of the land and the value of the buildings
6 thereon occupied by the taxpayer as his residence. The
7 collector shall grant the tax deferral provided such deferral
8 does not exceed funds available in the Senior Citizens Real
9 Estate Deferred Tax Revolving Fund and provided that the
10 owner or owners of such real property have entered into a tax
11 deferral and recovery agreement with the collector on behalf
12 of the county or other unit of local government, which
13 agreement expressly states:
14 (1) that the total amount of taxes deferred under this
15 Act, plus interest, for the year for which a tax deferral is
16 claimed as well as for those previous years for which taxes
17 are not delinquent and for which such deferral has been
18 claimed may not exceed 80% of the taxpayer's equity interest
19 in the property for which taxes are to be deferred and that,
20 if the total deferred taxes plus interest equals 80% of the
21 taxpayer's equity interest in the property, the taxpayer
22 shall thereafter pay the annual interest due on such deferred
23 taxes plus interest so that total deferred taxes plus
24 interest will not exceed such 80% of the taxpayer's equity
25 interest in the property;
26 (2) that any real estate taxes deferred under this Act
27 and any interest accrued thereon at the rate of 6% per year
28 are a lien on the real estate and improvements thereon until
29 paid. No sale or transfer of such real property may be
30 legally closed and recorded until the taxes which would
31 otherwise have been due on the property, plus accrued
32 interest, have been paid unless the collector certifies in
33 writing that an arrangement for prompt payment of the amount
34 due has been made with his office. The same shall apply if
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1 the property is to be made the subject of a contract of sale.
2 (3) that upon the death of the taxpayer claiming the
3 deferral the heirs-at-law, assignees or legatees shall have
4 first priority to the real property upon which taxes have
5 been deferred by paying in full the total taxes which would
6 otherwise have been due, plus interest. However, if such
7 heir-at-law, assignee, or legatee is a surviving spouse, the
8 tax deferred status of the property shall be continued during
9 the life of that surviving spouse if the spouse is 55 years
10 of age or older within 6 months of the date of death of the
11 taxpayer and enters into a tax deferral and recovery
12 agreement before the time when deferred taxes become due
13 under this Section. Any additional taxes deferred, plus
14 interest, on the real property under a tax deferral and
15 recovery agreement signed by a surviving spouse shall be
16 added to the taxes and interest which would otherwise have
17 been due, and the payment of which has been postponed during
18 the life of such surviving spouse, in determining the 80%
19 equity requirement provided by this Section.
20 (4) that if the taxes due, plus interest, are not paid
21 by the heir-at-law, assignee or legatee or if payment is not
22 postponed during the life of a surviving spouse, the deferred
23 taxes and interest shall be recovered from the estate of the
24 taxpayer within one year of the date of his death. In
25 addition, deferred real estate taxes and any interest accrued
26 thereon are due within 90 days after any tax deferred
27 property ceases to be qualifying property as defined in
28 Section 2.
29 If payment is not made when required by this Section,
30 foreclosure proceedings may be instituted under the Property
31 Tax Code.
32 (5) that any joint owner or mortgagee holding a mortgage
33 on such property has given written prior approval for such
34 agreement, which written approval shall be made a part of
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1 such agreement.
2 (6) that a guardian for a person under legal disability
3 appointed for a taxpayer who otherwise qualifies under this
4 Act may act for the taxpayer in complying with this Act.
5 (7) that a taxpayer or his agent has provided to the
6 satisfaction of the collector, sufficient evidence that the
7 qualifying property on which the taxes are to be deferred is
8 insured against fire or casualty loss for at least the total
9 amount of taxes which have been deferred.
10 If the taxes to be deferred are special assessments, the
11 unit of local government making the assessments shall forward
12 a copy of the agreement entered into pursuant to this Section
13 and the bills for such assessments to the county collector of
14 the county in which the qualifying property is located.
15 (Source: P.A. 88-670, eff. 12-2-94.)
16 Section 99. This Act takes effect upon becoming law.