Bill Text: IL HB2471 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Provides a taxpayer qualifying to receive the homestead exemption for veterans with disabilities is entitled to a refund of State income taxes in the amount of the exemption, if no exemption was granted to the taxpayer during the year of purchase of the qualified residence. Provides that a taxpayer qualifying to receive the homestead exemption for veterans with disabilities shall be automatically granted the exemption in future years without reapplying. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB2471 Detail]
Download: Illinois-2017-HB2471-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Section 15-169 as follows:
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6 | (35 ILCS 200/15-169) | ||||||||||||||||||||||||
7 | Sec. 15-169. Homestead exemption for veterans with | ||||||||||||||||||||||||
8 | disabilities. | ||||||||||||||||||||||||
9 | (a) Beginning with taxable year 2007, an annual homestead | ||||||||||||||||||||||||
10 | exemption, limited to the amounts set forth in subsections (b) | ||||||||||||||||||||||||
11 | and (b-3), is granted for property that is used as a qualified | ||||||||||||||||||||||||
12 | residence by a veteran with a disability. | ||||||||||||||||||||||||
13 | (b) For taxable years prior to 2015, the amount of the | ||||||||||||||||||||||||
14 | exemption under this Section is as follows: | ||||||||||||||||||||||||
15 | (1) for veterans with a service-connected disability | ||||||||||||||||||||||||
16 | of at least (i) 75% for exemptions granted in taxable years | ||||||||||||||||||||||||
17 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||||||||||||||||||||
18 | taxable year 2010 and each taxable year thereafter, as | ||||||||||||||||||||||||
19 | certified by the United States Department of Veterans | ||||||||||||||||||||||||
20 | Affairs, the annual exemption is $5,000; and | ||||||||||||||||||||||||
21 | (2) for veterans with a service-connected disability | ||||||||||||||||||||||||
22 | of at least 50%, but less than (i) 75% for exemptions | ||||||||||||||||||||||||
23 | granted in taxable years 2007 through 2009 and (ii) 70% for |
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1 | exemptions granted in taxable year 2010 and each taxable | ||||||
2 | year thereafter, as certified by the United States | ||||||
3 | Department of Veterans Affairs, the annual exemption is | ||||||
4 | $2,500. | ||||||
5 | (b-3) For taxable years 2015 and thereafter: | ||||||
6 | (1) if the veteran has a service connected disability | ||||||
7 | of 30% or more but less than 50%, as certified by the | ||||||
8 | United States Department of Veterans Affairs, then the | ||||||
9 | annual exemption is $2,500; | ||||||
10 | (2) if the veteran has a service connected disability | ||||||
11 | of 50% or more but less than 70%, as certified by the | ||||||
12 | United States Department of Veterans Affairs, then the | ||||||
13 | annual exemption is $5,000; and | ||||||
14 | (3) if the veteran has a service connected disability | ||||||
15 | of 70% or more, as certified by the United States | ||||||
16 | Department of Veterans Affairs, then the property is exempt | ||||||
17 | from taxation under this Code. | ||||||
18 | (b-5) If a homestead exemption is granted under this | ||||||
19 | Section and the person awarded the exemption subsequently | ||||||
20 | becomes a resident of a facility licensed under the Nursing | ||||||
21 | Home Care Act or a facility operated by the United States | ||||||
22 | Department of Veterans Affairs, then the exemption shall | ||||||
23 | continue (i) so long as the residence continues to be occupied | ||||||
24 | by the qualifying person's spouse or (ii) if the residence | ||||||
25 | remains unoccupied but is still owned by the person who | ||||||
26 | qualified for the homestead exemption. |
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1 | (b-6) Beginning with taxable year 2017, if a homestead | ||||||
2 | exemption is granted under this Section for the taxable year | ||||||
3 | immediately following the initial year of purchase of a | ||||||
4 | qualified residence, the taxpayer is entitled to a refund under | ||||||
5 | this Act in an amount equal to the annual exemption that has | ||||||
6 | otherwise been granted to the taxpayer under this Section if no | ||||||
7 | exemption was granted to the taxpayer during the year of | ||||||
8 | purchase of the qualified residence. | ||||||
9 | (c) The tax exemption under this Section carries over to | ||||||
10 | the benefit of the veteran's
surviving spouse as long as the | ||||||
11 | spouse holds the legal or
beneficial title to the homestead, | ||||||
12 | permanently resides
thereon, and does not remarry. If the | ||||||
13 | surviving spouse sells
the property, an exemption not to exceed | ||||||
14 | the amount granted
from the most recent ad valorem tax roll may | ||||||
15 | be transferred to
his or her new residence as long as it is | ||||||
16 | used as his or her
primary residence and he or she does not | ||||||
17 | remarry. | ||||||
18 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
19 | Section shall require the veteran to have qualified for or | ||||||
20 | obtained the exemption before death if the veteran was killed | ||||||
21 | in the line of duty. | ||||||
22 | (d) The exemption under this Section applies for taxable | ||||||
23 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
24 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
25 | this Section. | ||||||
26 | (e) Each taxpayer who has been granted an exemption under |
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1 | this Section shall automatically be granted the exemption each | ||||||
2 | following year without reapplication must reapply on an annual | ||||||
3 | basis . Application must be made during the application period
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4 | in effect for the county of his or her residence. The assessor
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5 | or chief county assessment officer may determine the
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6 | eligibility of residential property to receive the homestead
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7 | exemption provided by this Section by application, visual
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8 | inspection, questionnaire, or other reasonable methods. The
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9 | determination must be made in accordance with guidelines
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10 | established by the Department. | ||||||
11 | (f) For the purposes of this Section: | ||||||
12 | "Qualified residence" means real
property, but less any | ||||||
13 | portion of that property that is used for
commercial purposes, | ||||||
14 | with an equalized assessed value of less than $250,000 that is | ||||||
15 | the primary residence of a veteran with a disability. Property | ||||||
16 | rented for more than 6 months is
presumed to be used for | ||||||
17 | commercial purposes. | ||||||
18 | "Veteran" means an Illinois resident who has served as a
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19 | member of the United States Armed Forces on active duty or
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20 | State active duty, a member of the Illinois National Guard, or
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21 | a member of the United States Reserve Forces and who has | ||||||
22 | received an honorable discharge. | ||||||
23 | "Year of purchase" means the tax year in which the veteran | ||||||
24 | bought a qualified residence. | ||||||
25 | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15; | ||||||
26 | 99-375, eff. 8-17-15; 99-642, eff. 7-28-16.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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