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Public Act 096-1418 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Revenue Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
2505-560 as follows: | ||||
(20 ILCS 2505/2505-560 new) | ||||
Sec. 2505-560. Taxpayer Action Boards. | ||||
(a) The purpose of this Section is to advance the health, | ||||
welfare, and prosperity of all citizens of this State by | ||||
promoting "sunshine in assessments" and transparency reforms. | ||||
This purpose shall be deemed a statewide interest and not a | ||||
private or special concern. | ||||
(b) There are hereby created 7 Taxpayer Action Boards | ||||
within the Department of Revenue, one for each of the following | ||||
counties: Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will. | ||||
The Governor shall name 7 people to be members of each board. | ||||
These members shall serve 2-year terms. Members shall serve | ||||
without compensation, except to the extent those members are | ||||
employees of the Department of Revenue. The boards shall exist | ||||
and function at no additional cost to the State. | ||||
(c) Each board shall perform the following functions: | ||||
(1) oversee the implementation of Public Act 96-122, |
with particular emphasis on the transparency and | ||
disclosure provisions of that Public Act; | ||
(2) make recommendations about other useful | ||
disclosures in addition to those required by P.A. 96-122; | ||
(3) make recommendations concerning the implementation | ||
of the transparency reform provisions of P.A. 96-122 in its | ||
county; | ||
(4) conduct a study that (i) critically evaluates the | ||
manner in which its county assesses residential property | ||
and (ii) examines the accuracy of computer-assisted mass | ||
appraisal; as part of its study, each board shall conduct | ||
at least 2 public hearings; | ||
(5) issue a report summarizing its findings within 180 | ||
days after the effective date of this amendatory Act of the | ||
96th General Assembly and submit this report to the | ||
Governor and General Assembly; | ||
(6) maintain and administer a website cataloguing | ||
taxpayer assistance information linked to the Department | ||
of Revenue's website; | ||
(7) propose to its county government changes, if | ||
appropriate, to property tax policies and procedures; and | ||
(8) propose to the Department of Revenue changes, if | ||
appropriate, to property tax policies and procedures. | ||
(d) The Department of Revenue shall oversee implementation | ||
of P.A. 96-122 in all counties other than Cook, DuPage, Kane, | ||
Kendall, Lake, McHenry, and Will. |
Section 10. The Property Tax Code is amended by changing | ||
Sections 15-167, 15-169, 15-170, and 15-176 as follows: | ||
(35 ILCS 200/15-167) | ||
Sec. 15-167. Returning Veterans' Homestead Exemption. | ||
(a) Beginning with taxable year 2007, a homestead | ||
exemption, limited to a reduction set forth under subsection | ||
(b), from the property's value, as equalized or assessed by the | ||
Department, is granted for property that is owned and occupied | ||
as the principal residence of a veteran returning from an armed | ||
conflict involving the armed forces of the United States who is | ||
liable for paying real estate taxes on the property and is an | ||
owner of record of the property or has a legal or equitable | ||
interest therein as evidenced by a written instrument, except | ||
for a leasehold interest, other than a leasehold interest of | ||
land on which a single family residence is located, which is | ||
occupied as the principal residence of a veteran returning from | ||
an armed conflict involving the armed forces of the United | ||
States who has an ownership interest therein, legal, equitable | ||
or as a lessee, and on which he or she is liable for the payment | ||
of property taxes. For purposes of the exemption under this | ||
Section, "veteran" means an Illinois resident who has served as | ||
a member of the United States Armed Forces, a member of the | ||
Illinois National Guard, or a member of the United States | ||
Reserve Forces. |
(b) In all counties, the reduction is $5,000 and only for | ||
the taxable year in which the veteran returns from active duty | ||
in an armed conflict involving the armed forces of the United | ||
States. Beginning in taxable year 2010, the reduction shall | ||
also be allowed for the taxable year after the taxable year in | ||
which the veteran returns from active duty in an armed conflict | ||
involving the armed forces of the United States. For land | ||
improved with an apartment building owned and operated as a | ||
cooperative, the maximum reduction from the value of the | ||
property, as equalized by the Department, must be multiplied by | ||
the number of apartments or units occupied by a veteran | ||
returning from an armed conflict involving the armed forces of | ||
the United States who is liable, by contract with the owner or | ||
owners of record, for paying property taxes on the property and | ||
is an owner of record of a legal or equitable interest in the | ||
cooperative apartment building, other than a leasehold | ||
interest. In a cooperative where a homestead exemption has been | ||
granted, the cooperative association or the management firm of | ||
the cooperative or facility shall credit the savings resulting | ||
from that exemption only to the apportioned tax liability of | ||
the owner or resident who qualified for the exemption. Any | ||
person who willfully refuses to so credit the savings is guilty | ||
of a Class B misdemeanor. | ||
(c) Application must be made during the application period | ||
in effect for the county of his or her residence. The assessor | ||
or chief county assessment officer may determine the |
eligibility of residential property to receive the homestead | ||
exemption provided by this Section by application, visual | ||
inspection, questionnaire, or other reasonable methods. The | ||
determination must be made in accordance with guidelines | ||
established by the Department. | ||
(d) The exemption under this Section is in addition to any | ||
other homestead exemption provided in this Article 15. | ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, no | ||
reimbursement by the State is required for the implementation | ||
of any mandate created by this Section. | ||
(Source: P.A. 95-644, eff. 10-12-07.) | ||
(35 ILCS 200/15-169) | ||
Sec. 15-169. Disabled veterans standard homestead | ||
exemption. | ||
(a) Beginning with taxable year 2007, an annual homestead | ||
exemption, limited to the amounts set forth in subsection (b), | ||
is granted for property that is used as a qualified residence | ||
by a disabled veteran. | ||
(b) The amount of the exemption under this Section is as | ||
follows: | ||
(1) for veterans with a service-connected disability | ||
of at least (i) 75% for exemptions granted in taxable years | ||
2007 through 2009 and (ii) 70% for exemptions granted in | ||
taxable year 2010 and each taxable year thereafter , as | ||
certified by the United States Department of Veterans |
Affairs, the annual exemption is $5,000; and | ||
(2) for veterans with a service-connected disability | ||
of at least 50%, but less than (i) 75% for exemptions | ||
granted in taxable years 2007 through 2009 and (ii) 70% for | ||
exemptions granted in taxable year 2010 and each taxable | ||
year thereafter , as certified by the United States | ||
Department of Veterans Affairs, the annual exemption is | ||
$2,500. | ||
(c) The tax exemption under this Section carries over to | ||
the benefit of the veteran's
surviving spouse as long as the | ||
spouse holds the legal or
beneficial title to the homestead, | ||
permanently resides
thereon, and does not remarry. If the | ||
surviving spouse sells
the property, an exemption not to exceed | ||
the amount granted
from the most recent ad valorem tax roll may | ||
be transferred to
his or her new residence as long as it is | ||
used as his or her
primary residence and he or she does not | ||
remarry. | ||
(d) The exemption under this Section applies for taxable | ||
year 2007 and thereafter. A taxpayer who claims an exemption | ||
under Section 15-165 or 15-168 may not claim an exemption under | ||
this Section. | ||
(e) Each taxpayer who has been granted an exemption under | ||
this Section must reapply on an annual basis. Application must | ||
be made during the application period
in effect for the county | ||
of his or her residence. The assessor
or chief county | ||
assessment officer may determine the
eligibility of |
residential property to receive the homestead
exemption | ||
provided by this Section by application, visual
inspection, | ||
questionnaire, or other reasonable methods. The
determination | ||
must be made in accordance with guidelines
established by the | ||
Department. | ||
(f) For the purposes of this Section: | ||
"Qualified residence" means real
property, but less any | ||
portion of that property that is used for
commercial purposes, | ||
with an equalized assessed value of less than $250,000 that is | ||
the disabled veteran's primary residence. Property rented for | ||
more than 6 months is
presumed to be used for commercial | ||
purposes. | ||
"Veteran" means an Illinois resident who has served as a
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member of the United States Armed Forces on active duty or
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State active duty, a member of the Illinois National Guard, or
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a member of the United States Reserve Forces and who has | ||
received an honorable discharge. | ||
(Source: P.A. 95-644, eff. 10-12-07.) | ||
(35 ILCS 200/15-170) | ||
(Text of Section before amendment by P.A. 96-339 ) | ||
Sec. 15-170. Senior Citizens Homestead Exemption. An | ||
annual homestead
exemption limited, except as described here | ||
with relation to cooperatives or
life care facilities, to a
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maximum reduction set forth below from the property's value, as | ||
equalized or
assessed by the Department, is granted for |
property that is occupied as a
residence by a person 65 years | ||
of age or older who is liable for paying real
estate taxes on | ||
the property and is an owner of record of the property or has a
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legal or equitable interest therein as evidenced by a written | ||
instrument,
except for a leasehold interest, other than a | ||
leasehold interest of land on
which a single family residence | ||
is located, which is occupied as a residence by
a person 65 | ||
years or older who has an ownership interest therein, legal,
| ||
equitable or as a lessee, and on which he or she is liable for | ||
the payment
of property taxes. Before taxable year 2004, the | ||
maximum reduction shall be $2,500 in counties with
3,000,000 or | ||
more inhabitants and $2,000 in all other counties. For taxable | ||
years 2004 through 2005, the maximum reduction shall be $3,000 | ||
in all counties. For taxable years 2006 and 2007, the maximum | ||
reduction shall be $3,500 and, for taxable years 2008 and | ||
thereafter, the maximum reduction is $4,000 in all counties.
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For land
improved with an apartment building owned and | ||
operated as a cooperative, the maximum reduction from the value | ||
of the property, as
equalized
by the Department, shall be | ||
multiplied by the number of apartments or units
occupied by a | ||
person 65 years of age or older who is liable, by contract with
| ||
the owner or owners of record, for paying property taxes on the | ||
property and
is an owner of record of a legal or equitable | ||
interest in the cooperative
apartment building, other than a | ||
leasehold interest. For land improved with
a life care | ||
facility, the maximum reduction from the value of the property, |
as
equalized by the Department, shall be multiplied by the | ||
number of apartments or
units occupied by persons 65 years of | ||
age or older, irrespective of any legal,
equitable, or | ||
leasehold interest in the facility, who are liable, under a
| ||
contract with the owner or owners of record of the facility, | ||
for paying
property taxes on the property. In a
cooperative or | ||
a life care facility where a
homestead exemption has been | ||
granted, the cooperative association or the
management firm of | ||
the cooperative or facility shall credit the savings
resulting | ||
from that exemption only to
the apportioned tax liability of | ||
the owner or resident who qualified for
the exemption.
Any | ||
person who willfully refuses to so credit the savings shall be | ||
guilty of a
Class B misdemeanor. Under this Section and | ||
Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||
a facility, as defined in Section 2 of the Life Care Facilities
| ||
Act, with which the applicant for the homestead exemption has a | ||
life care
contract as defined in that Act. | ||
When a homestead exemption has been granted under this | ||
Section and the person
qualifying subsequently becomes a | ||
resident of a facility licensed under the
Assisted Living and | ||
Shared Housing Act or the Nursing Home Care Act, the exemption | ||
shall continue so long as the residence
continues to be | ||
occupied by the qualifying person's spouse if the spouse is 65
| ||
years of age or older, or if the residence remains unoccupied | ||
but is still
owned by the person qualified for the homestead | ||
exemption. |
A person who will be 65 years of age
during the current | ||
assessment year
shall
be eligible to apply for the homestead | ||
exemption during that assessment
year.
Application shall be | ||
made during the application period in effect for the
county of | ||
his residence. | ||
Beginning with assessment year 2003, for taxes payable in | ||
2004,
property
that is first occupied as a residence after | ||
January 1 of any assessment year by
a person who is eligible | ||
for the senior citizens homestead exemption under this
Section | ||
must be granted a pro-rata exemption for the assessment year. | ||
The
amount of the pro-rata exemption is the exemption
allowed | ||
in the county under this Section divided by 365 and multiplied | ||
by the
number of days during the assessment year the property | ||
is occupied as a
residence by a
person eligible for the | ||
exemption under this Section. The chief county
assessment | ||
officer must adopt reasonable procedures to establish | ||
eligibility
for this pro-rata exemption. | ||
The assessor or chief county assessment officer may | ||
determine the eligibility
of a life care facility to receive | ||
the benefits provided by this Section, by
affidavit, | ||
application, visual inspection, questionnaire or other | ||
reasonable
methods in order to insure that the tax savings | ||
resulting from the exemption
are credited by the management | ||
firm to the apportioned tax liability of each
qualifying | ||
resident. The assessor may request reasonable proof that the
| ||
management firm has so credited the exemption. |
The chief county assessment officer of each county with | ||
less than 3,000,000
inhabitants shall provide to each person | ||
allowed a homestead exemption under
this Section a form to | ||
designate any other person to receive a
duplicate of any notice | ||
of delinquency in the payment of taxes assessed and
levied | ||
under this Code on the property of the person receiving the | ||
exemption.
The duplicate notice shall be in addition to the | ||
notice required to be
provided to the person receiving the | ||
exemption, and shall be given in the
manner required by this | ||
Code. The person filing the request for the duplicate
notice | ||
shall pay a fee of $5 to cover administrative costs to the | ||
supervisor of
assessments, who shall then file the executed | ||
designation with the county
collector. Notwithstanding any | ||
other provision of this Code to the contrary,
the filing of | ||
such an executed designation requires the county collector to
| ||
provide duplicate notices as indicated by the designation. A | ||
designation may
be rescinded by the person who executed such | ||
designation at any time, in the
manner and form required by the | ||
chief county assessment officer. | ||
The assessor or chief county assessment officer may | ||
determine the
eligibility of residential property to receive | ||
the homestead exemption provided
by this Section by | ||
application, visual inspection, questionnaire or other
| ||
reasonable methods. The determination shall be made in | ||
accordance with
guidelines established by the Department. | ||
In counties with 3,000,000 or more inhabitants, beginning |
in taxable year 2010, each taxpayer who has been granted an | ||
exemption under this Section must reapply on an annual basis. | ||
The chief county assessment officer shall mail the application | ||
to the taxpayer. In counties with less than 3,000,000 | ||
inhabitants, the county board may by
resolution provide that if | ||
a person has been granted a homestead exemption
under this | ||
Section, the person qualifying need not reapply for the | ||
exemption. | ||
In counties with less than 3,000,000 inhabitants, if the | ||
assessor or chief
county assessment officer requires annual | ||
application for verification of
eligibility for an exemption | ||
once granted under this Section, the application
shall be | ||
mailed to the taxpayer. | ||
The assessor or chief county assessment officer shall | ||
notify each person
who qualifies for an exemption under this | ||
Section that the person may also
qualify for deferral of real | ||
estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||
Act. The notice shall set forth the qualifications needed for
| ||
deferral of real estate taxes, the address and telephone number | ||
of
county collector, and a
statement that applications for | ||
deferral of real estate taxes may be obtained
from the county | ||
collector. | ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||
no
reimbursement by the State is required for the | ||
implementation of any mandate
created by this Section. | ||
(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08; |
96-355, eff. 1-1-10.) | ||
(Text of Section after amendment by P.A. 96-339 ) | ||
Sec. 15-170. Senior Citizens Homestead Exemption. An | ||
annual homestead
exemption limited, except as described here | ||
with relation to cooperatives or
life care facilities, to a
| ||
maximum reduction set forth below from the property's value, as | ||
equalized or
assessed by the Department, is granted for | ||
property that is occupied as a
residence by a person 65 years | ||
of age or older who is liable for paying real
estate taxes on | ||
the property and is an owner of record of the property or has a
| ||
legal or equitable interest therein as evidenced by a written | ||
instrument,
except for a leasehold interest, other than a | ||
leasehold interest of land on
which a single family residence | ||
is located, which is occupied as a residence by
a person 65 | ||
years or older who has an ownership interest therein, legal,
| ||
equitable or as a lessee, and on which he or she is liable for | ||
the payment
of property taxes. Before taxable year 2004, the | ||
maximum reduction shall be $2,500 in counties with
3,000,000 or | ||
more inhabitants and $2,000 in all other counties. For taxable | ||
years 2004 through 2005, the maximum reduction shall be $3,000 | ||
in all counties. For taxable years 2006 and 2007, the maximum | ||
reduction shall be $3,500 and, for taxable years 2008 and | ||
thereafter, the maximum reduction is $4,000 in all counties.
| ||
For land
improved with an apartment building owned and | ||
operated as a cooperative, the maximum reduction from the value |
of the property, as
equalized
by the Department, shall be | ||
multiplied by the number of apartments or units
occupied by a | ||
person 65 years of age or older who is liable, by contract with
| ||
the owner or owners of record, for paying property taxes on the | ||
property and
is an owner of record of a legal or equitable | ||
interest in the cooperative
apartment building, other than a | ||
leasehold interest. For land improved with
a life care | ||
facility, the maximum reduction from the value of the property, | ||
as
equalized by the Department, shall be multiplied by the | ||
number of apartments or
units occupied by persons 65 years of | ||
age or older, irrespective of any legal,
equitable, or | ||
leasehold interest in the facility, who are liable, under a
| ||
contract with the owner or owners of record of the facility, | ||
for paying
property taxes on the property. In a
cooperative or | ||
a life care facility where a
homestead exemption has been | ||
granted, the cooperative association or the
management firm of | ||
the cooperative or facility shall credit the savings
resulting | ||
from that exemption only to
the apportioned tax liability of | ||
the owner or resident who qualified for
the exemption.
Any | ||
person who willfully refuses to so credit the savings shall be | ||
guilty of a
Class B misdemeanor. Under this Section and | ||
Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||
a facility, as defined in Section 2 of the Life Care Facilities
| ||
Act, with which the applicant for the homestead exemption has a | ||
life care
contract as defined in that Act. | ||
When a homestead exemption has been granted under this |
Section and the person
qualifying subsequently becomes a | ||
resident of a facility licensed under the Assisted Living and | ||
Shared Housing Act , or the Nursing Home Care Act , or the MR/DD | ||
Community Care Act, the exemption shall continue so long as the | ||
residence
continues to be occupied by the qualifying person's | ||
spouse if the spouse is 65
years of age or older, or if the | ||
residence remains unoccupied but is still
owned by the person | ||
qualified for the homestead exemption. | ||
A person who will be 65 years of age
during the current | ||
assessment year
shall
be eligible to apply for the homestead | ||
exemption during that assessment
year.
Application shall be | ||
made during the application period in effect for the
county of | ||
his residence. | ||
Beginning with assessment year 2003, for taxes payable in | ||
2004,
property
that is first occupied as a residence after | ||
January 1 of any assessment year by
a person who is eligible | ||
for the senior citizens homestead exemption under this
Section | ||
must be granted a pro-rata exemption for the assessment year. | ||
The
amount of the pro-rata exemption is the exemption
allowed | ||
in the county under this Section divided by 365 and multiplied | ||
by the
number of days during the assessment year the property | ||
is occupied as a
residence by a
person eligible for the | ||
exemption under this Section. The chief county
assessment | ||
officer must adopt reasonable procedures to establish | ||
eligibility
for this pro-rata exemption. | ||
The assessor or chief county assessment officer may |
determine the eligibility
of a life care facility to receive | ||
the benefits provided by this Section, by
affidavit, | ||
application, visual inspection, questionnaire or other | ||
reasonable
methods in order to insure that the tax savings | ||
resulting from the exemption
are credited by the management | ||
firm to the apportioned tax liability of each
qualifying | ||
resident. The assessor may request reasonable proof that the
| ||
management firm has so credited the exemption. | ||
The chief county assessment officer of each county with | ||
less than 3,000,000
inhabitants shall provide to each person | ||
allowed a homestead exemption under
this Section a form to | ||
designate any other person to receive a
duplicate of any notice | ||
of delinquency in the payment of taxes assessed and
levied | ||
under this Code on the property of the person receiving the | ||
exemption.
The duplicate notice shall be in addition to the | ||
notice required to be
provided to the person receiving the | ||
exemption, and shall be given in the
manner required by this | ||
Code. The person filing the request for the duplicate
notice | ||
shall pay a fee of $5 to cover administrative costs to the | ||
supervisor of
assessments, who shall then file the executed | ||
designation with the county
collector. Notwithstanding any | ||
other provision of this Code to the contrary,
the filing of | ||
such an executed designation requires the county collector to
| ||
provide duplicate notices as indicated by the designation. A | ||
designation may
be rescinded by the person who executed such | ||
designation at any time, in the
manner and form required by the |
chief county assessment officer. | ||
The assessor or chief county assessment officer may | ||
determine the
eligibility of residential property to receive | ||
the homestead exemption provided
by this Section by | ||
application, visual inspection, questionnaire or other
| ||
reasonable methods. The determination shall be made in | ||
accordance with
guidelines established by the Department. | ||
In counties with 3,000,000 or more inhabitants, beginning | ||
in taxable year 2010, each taxpayer who has been granted an | ||
exemption under this Section must reapply on an annual basis. | ||
The chief county assessment officer shall mail the application | ||
to the taxpayer. In counties with less than 3,000,000 | ||
inhabitants, the county board may by
resolution provide that if | ||
a person has been granted a homestead exemption
under this | ||
Section, the person qualifying need not reapply for the | ||
exemption. | ||
In counties with less than 3,000,000 inhabitants, if the | ||
assessor or chief
county assessment officer requires annual | ||
application for verification of
eligibility for an exemption | ||
once granted under this Section, the application
shall be | ||
mailed to the taxpayer. | ||
The assessor or chief county assessment officer shall | ||
notify each person
who qualifies for an exemption under this | ||
Section that the person may also
qualify for deferral of real | ||
estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||
Act. The notice shall set forth the qualifications needed for
|
deferral of real estate taxes, the address and telephone number | ||
of
county collector, and a
statement that applications for | ||
deferral of real estate taxes may be obtained
from the county | ||
collector. | ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||
no
reimbursement by the State is required for the | ||
implementation of any mandate
created by this Section. | ||
(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08; | ||
96-339, eff. 7-1-10; 96-355, eff. 1-1-10; revised 9-25-09.) | ||
(35 ILCS 200/15-176) | ||
Sec. 15-176. Alternative general homestead exemption. | ||
(a) For the assessment years as determined under subsection | ||
(j), in any county that has elected, by an ordinance in | ||
accordance with subsection (k), to be subject to the provisions | ||
of this Section in lieu of the provisions of Section 15-175, | ||
homestead property is
entitled to
an annual homestead exemption | ||
equal to a reduction in the property's equalized
assessed
value | ||
calculated as provided in this Section. | ||
(b) As used in this Section: | ||
(1) "Assessor" means the supervisor of assessments or | ||
the chief county assessment officer of each county. | ||
(2) "Adjusted homestead value" means the lesser of the | ||
following values: | ||
(A) The property's base homestead value increased | ||
by 7% for each
tax year after the base year through and |
including the current tax year, or, if the property is | ||
sold or ownership is otherwise transferred, the | ||
property's base homestead value increased by 7% for | ||
each tax year after the year of the sale or transfer | ||
through and including the current tax year. The | ||
increase by 7% each year is an increase by 7% over the | ||
prior year. | ||
(B) The property's equalized assessed value for | ||
the current tax
year minus: (i) $4,500 in Cook County | ||
or $3,500 in all other counties in tax year 2003;
(ii) | ||
$5,000 in all counties in tax years 2004 and 2005; and | ||
(iii) the lesser of the amount of the general homestead | ||
exemption under Section 15-175 or an amount equal to | ||
the increase in the equalized assessed value for the | ||
current tax year above the equalized assessed value for | ||
1977 in tax year 2006 and thereafter. | ||
(3) "Base homestead value". | ||
(A) Except as provided in subdivision (b)(3)(A-5) | ||
or (b)(3)(B), "base homestead value" means the | ||
equalized assessed value of the property for the base | ||
year
prior to exemptions, minus (i) $4,500 in Cook | ||
County or $3,500 in all other counties in tax year | ||
2003, (ii) $5,000 in all counties in tax years
2004 and | ||
2005, or (iii) the lesser of the amount of the general | ||
homestead exemption under Section 15-175 or an amount | ||
equal to the increase in the equalized assessed value |
for the current tax year above the equalized assessed | ||
value for 1977 in tax year 2006 and
thereafter, | ||
provided that it was assessed for that
year as | ||
residential property qualified for any of the | ||
homestead exemptions
under Sections 15-170 through | ||
15-175 of this Code, then in force, and
further | ||
provided that the property's assessment was not based | ||
on a reduced
assessed value resulting from a temporary | ||
irregularity in the property for
that year. Except as | ||
provided in subdivision (b)(3)(B), if the property did | ||
not have a
residential
equalized assessed value for the | ||
base year, then "base homestead value" means the base
| ||
homestead value established by the assessor under | ||
subsection (c). | ||
(A-5) On or before September 1, 2007, in Cook | ||
County, the base homestead value, as set forth under | ||
subdivision (b)(3)(A) and except as provided under | ||
subdivision (b) (3) (B), must be recalculated as the | ||
equalized assessed value of the property for the base | ||
year, prior to exemptions, minus: | ||
(1) if the general assessment year for the | ||
property was 2003, the lesser of (i) $4,500 or (ii) | ||
the amount equal to the increase in equalized | ||
assessed value for the 2002 tax year above the | ||
equalized assessed value for 1977; | ||
(2) if the general assessment year for the |
property was 2004, the lesser of (i) $4,500 or (ii) | ||
the amount equal to the increase in equalized | ||
assessed value for the 2003 tax year above the | ||
equalized assessed value for 1977; | ||
(3) if the general assessment year for the | ||
property was 2005, the lesser of (i) $5,000 or (ii) | ||
the amount equal to the increase in equalized | ||
assessed value for the 2004 tax year above the | ||
equalized assessed value for 1977.
| ||
(B) If the property is sold or ownership is | ||
otherwise transferred, other than sales or transfers | ||
between spouses or between a parent and a child, "base | ||
homestead value" means the equalized assessed value of | ||
the property at the time of the sale or transfer prior | ||
to exemptions, minus: (i) $4,500 in Cook County or | ||
$3,500 in all other counties in tax year 2003; (ii) | ||
$5,000 in all counties in tax years 2004 and 2005; and | ||
(iii) the lesser of the amount of the general homestead | ||
exemption under Section 15-175 or an amount equal to | ||
the increase in the equalized assessed value for the | ||
current tax year above the equalized assessed value for | ||
1977 in tax year 2006 and thereafter, provided that it | ||
was assessed as residential property qualified for any | ||
of the homestead exemptions
under Sections 15-170 | ||
through 15-175 of this Code, then in force, and
further | ||
provided that the property's assessment was not based |
on a reduced
assessed value resulting from a temporary | ||
irregularity in the property. | ||
(3.5) "Base year" means (i) tax year 2002 in Cook | ||
County or (ii) tax year 2008 or 2009 2005 or 2006 in all | ||
other counties in accordance with the designation made by | ||
the county as provided in subsection (k).
| ||
(4) "Current tax year" means the tax year for which the | ||
exemption under
this Section is being applied. | ||
(5) "Equalized assessed value" means the property's | ||
assessed value as
equalized by the Department. | ||
(6) "Homestead" or "homestead property" means: | ||
(A) Residential property that as of January 1 of | ||
the tax year is
occupied by its owner or owners as his, | ||
her, or their principal dwelling
place, or that is a | ||
leasehold interest on which a single family residence | ||
is
situated, that is occupied as a residence by a | ||
person who has a legal or
equitable interest therein | ||
evidenced by a written instrument, as an owner
or as a | ||
lessee, and on which the person is liable for the | ||
payment of
property taxes. Residential units in an | ||
apartment building owned and
operated as a | ||
cooperative, or as a life care facility, which are | ||
occupied by
persons who hold a legal or equitable | ||
interest in the cooperative apartment
building or life | ||
care facility as owners or lessees, and who are liable | ||
by
contract for the payment of property taxes, shall be |
included within this
definition of homestead property. | ||
(B) A homestead includes the dwelling place, | ||
appurtenant
structures, and so much of the surrounding | ||
land constituting the parcel on
which the dwelling | ||
place is situated as is used for residential purposes. | ||
If
the assessor has established a specific legal | ||
description for a portion of
property constituting the | ||
homestead, then the homestead shall be limited to
the | ||
property within that description. | ||
(7) "Life care facility" means a facility as defined in | ||
Section 2 of the
Life
Care Facilities Act. | ||
(c) If the property did not have a residential equalized | ||
assessed value for
the base year as provided in subdivision | ||
(b)(3)(A) of this Section, then the assessor
shall first | ||
determine an initial value for the property by comparison with
| ||
assessed values for the base year of other properties having | ||
physical and
economic characteristics similar to those of the | ||
subject property, so that the
initial value is uniform in | ||
relation to assessed values of those other
properties for the | ||
base year. The product of the initial value multiplied by
the | ||
equalized factor for the base year for homestead properties in | ||
that county, less: (i) $4,500 in Cook County or $3,500 in all | ||
other counties in tax years 2003; (ii) $5,000 in all counties | ||
in tax year 2004 and 2005; and (iii) the lesser of the amount | ||
of the general homestead exemption under Section 15-175 or an | ||
amount equal to the increase in the equalized assessed value |
for the current tax year above the equalized assessed value for | ||
1977 in tax year 2006 and thereafter, is the base homestead | ||
value. | ||
For any tax year for which the assessor determines or | ||
adjusts an initial
value and
hence a base homestead value under | ||
this subsection (c), the initial value shall
be subject
to | ||
review by the same procedures applicable to assessed values | ||
established
under this
Code for that tax year. | ||
(d) The base homestead value shall remain constant, except | ||
that the assessor
may
revise it under the following | ||
circumstances: | ||
(1) If the equalized assessed value of a homestead | ||
property for the current
tax year is less than the previous | ||
base homestead value for that property, then the
current | ||
equalized assessed value (provided it is not based on a | ||
reduced assessed
value resulting from a temporary | ||
irregularity in the property) shall become the
base | ||
homestead value in subsequent tax years. | ||
(2) For any year in which new buildings, structures, or | ||
other
improvements are constructed on the homestead | ||
property that would increase its
assessed value, the | ||
assessor shall adjust the base homestead value as provided | ||
in
subsection (c) of this Section with due regard to the | ||
value added by the new
improvements. | ||
(3) If the property is sold or ownership is otherwise | ||
transferred, the base homestead value of the property shall |
be adjusted as provided in subdivision (b)(3)(B). This item | ||
(3) does not apply to sales or transfers between spouses or | ||
between a parent and a child. | ||
(4) the recalculation required in Cook County under | ||
subdivision (b)(3)(A-5).
| ||
(e) The amount of the exemption under this Section is the | ||
equalized assessed
value of the homestead property for the | ||
current tax year, minus the adjusted homestead
value, with the | ||
following exceptions: | ||
(1) In Cook County, the exemption under this Section | ||
shall not exceed $20,000 for any taxable year through tax | ||
year: | ||
(i) 2005, if the general assessment year for the
| ||
property is 2003; | ||
(ii) 2006, if the general assessment year for the
| ||
property is 2004; or | ||
(iii) 2007, if the general assessment year for the
| ||
property is 2005. | ||
(1.1) Thereafter, in Cook County, and in all other | ||
counties, the exemption is as follows: | ||
(i) if the general assessment year for the property | ||
is 2006, then the exemption may not exceed: $33,000 for | ||
taxable year 2006; $26,000 for taxable year 2007; and | ||
$20,000 for taxable years year 2008 and 2009; $16,000 | ||
for taxable year 2010; and $12,000 for taxable year | ||
2011 ; |
(ii) if the general assessment year for the | ||
property is 2007, then the exemption may not exceed: | ||
$33,000 for taxable year 2007; $26,000 for taxable year | ||
2008; and $20,000 for taxable years year 2009 and 2010; | ||
$16,000 for taxable year 2011; and $12,000 for taxable | ||
year 2012 ; and | ||
(iii) if the general assessment year for the | ||
property is 2008, then the exemption may not exceed: | ||
$33,000 for taxable year 2008; $26,000 for taxable year | ||
2009; and $20,000 for taxable years year 2010 and 2011; | ||
$16,000 for taxable year 2012; and $12,000 for taxable | ||
year 2013 . | ||
(1.5) In Cook County, for the 2006 taxable year only, the | ||
maximum amount of the exemption set forth under subsection | ||
(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if | ||
the equalized assessed value of the property in that taxable | ||
year exceeds the equalized assessed value of that property in | ||
2002 by 100% or more; or (ii) by $2,000 if the equalized | ||
assessed value of the property in that taxable year exceeds the | ||
equalized assessed value of that property in 2002 by more than | ||
80% but less than 100%.
| ||
(2) In the case of homestead property that also | ||
qualifies for
the exemption under Section 15-172, the | ||
property is entitled to the exemption under
this Section, | ||
limited to the amount of (i) $4,500 in Cook County or | ||
$3,500 in all other counties in tax year 2003, (ii) $5,000 |
in all counties in tax years 2004 and 2005, or (iii) the | ||
lesser of the amount of the general homestead exemption | ||
under Section 15-175 or an amount equal to the increase in | ||
the equalized assessed value for the current tax year above | ||
the equalized assessed value for 1977 in tax year 2006 and | ||
thereafter. | ||
(f) In the case of an apartment building owned and operated | ||
as a cooperative, or
as a life care facility, that contains | ||
residential units that qualify as homestead property
under this | ||
Section, the maximum cumulative exemption amount attributed to | ||
the entire
building or facility shall not exceed the sum of the | ||
exemptions calculated for each
qualified residential unit. The | ||
cooperative association, management firm, or other person
or | ||
entity that manages or controls the cooperative apartment | ||
building or life care facility
shall credit the exemption | ||
attributable to each residential unit only to the apportioned | ||
tax
liability of the owner or other person responsible for | ||
payment of taxes as to that unit.
Any person who willfully | ||
refuses to so credit the exemption is guilty of a Class B
| ||
misdemeanor. | ||
(g) When married persons maintain separate residences, the | ||
exemption provided
under this Section shall be claimed by only | ||
one such person and for only one residence. | ||
(h) In the event of a sale or other transfer in ownership | ||
of the homestead property, the exemption under this
Section | ||
shall remain in effect for the remainder of the tax year and be |
calculated using the same base homestead value in which the | ||
sale or transfer occurs, but (other than for sales or transfers | ||
between spouses or between a parent and a child) shall be | ||
calculated for any subsequent tax year using the new base | ||
homestead value as provided in subdivision (b)(3)(B).
The | ||
assessor may require the new owner of the property to apply for | ||
the exemption in the
following year. | ||
(i) The assessor may determine whether property qualifies | ||
as a homestead under
this Section by application, visual | ||
inspection, questionnaire, or other
reasonable methods.
Each | ||
year, at the time the assessment books are certified to the | ||
county clerk
by the board
of review, the assessor shall furnish | ||
to the county clerk a list of the
properties qualified
for the | ||
homestead exemption under this Section. The list shall note the | ||
base
homestead
value of each property to be used in the | ||
calculation of the exemption for the
current tax
year. | ||
(j) In counties with 3,000,000 or more inhabitants, the | ||
provisions of this Section apply as follows: | ||
(1) If the general assessment year for the property is | ||
2003, this Section
applies for assessment years 2003 | ||
through 2011 , 2004, 2005, 2006, 2007, and 2008 .
| ||
Thereafter, the provisions of Section 15-175 apply. | ||
(2) If the general assessment year for the property is | ||
2004, this Section
applies for assessment years 2004 | ||
through 2012 , 2005, 2006, 2007, 2008, and 2009 .
| ||
Thereafter, the provisions of Section 15-175 apply. |
(3) If the general assessment year for the property is | ||
2005, this Section
applies for assessment years 2005 | ||
through 2013 , 2006, 2007, 2008, 2009, and 2010 .
| ||
Thereafter, the provisions of Section 15-175 apply. | ||
In counties with less than 3,000,000 inhabitants, this | ||
Section applies for assessment years (i) 2009, 2010, 2011, and | ||
2012 2006, 2007, and 2008, and 2009 if tax year 2008 2005 is | ||
the designated base year or (ii) 2010, 2011, 2012, and 2013 | ||
2007, 2008, 2009, and 2010 if tax year 2009 2006 is the | ||
designated base year. Thereafter, the provisions of Section | ||
15-175 apply. | ||
(k) To be subject to the provisions of this Section in lieu | ||
of Section 15-175, a county must adopt an ordinance to subject | ||
itself to the provisions of this Section within 6 months after | ||
the effective date of this amendatory Act of the 96th 95th | ||
General Assembly. In a county other than Cook County, the | ||
ordinance must designate either tax year 2008 2005
or tax year | ||
2009 2006
as the base year.
| ||
(l) Notwithstanding Sections 6 and 8 of the State Mandates | ||
Act, no
reimbursement
by the State is required for the | ||
implementation of any mandate created by this
Section. | ||
(Source: P.A. 95-644, eff. 10-12-07.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|