Bill Text: IL HB3825 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Generally defines "homestead property" as residential property that on January 1 is occupied by the owner, lessee, or interest holder as a principal dwelling place and there is a liability for paying taxes. States what part of property constitutes a homestead. Allows the chief county assessment officer to establish a specific legal description. Amends various homestead provisions to conform to the definition. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3825 Detail]
Download: Illinois-2009-HB3825-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 | Sections 15-167, 15-168, 15-170, 15-172, 15-175, 15-176, and | ||||||||||||||||||||||||||||||||||||||
6 | 15-177 and by adding Section 1-72 as follows:
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7 | (35 ILCS 200/1-72 new) | ||||||||||||||||||||||||||||||||||||||
8 | Sec. 1-72. Homestead property. Residential property that | ||||||||||||||||||||||||||||||||||||||
9 | as of January 1 of the taxable year is occupied by its owner or | ||||||||||||||||||||||||||||||||||||||
10 | owners as his, her, their principal dwelling place, that is a | ||||||||||||||||||||||||||||||||||||||
11 | leasehold interest on which a single family residence is | ||||||||||||||||||||||||||||||||||||||
12 | situated, that is occupied as a residence by a person who has a | ||||||||||||||||||||||||||||||||||||||
13 | legal or equitable interest therein evidenced by a written | ||||||||||||||||||||||||||||||||||||||
14 | instrument, as an owner or as a lessee, and on which the person | ||||||||||||||||||||||||||||||||||||||
15 | is liable for the payment of property taxes. A homestead | ||||||||||||||||||||||||||||||||||||||
16 | property includes the dwelling place, appurtenant structures, | ||||||||||||||||||||||||||||||||||||||
17 | and so much of the surrounding land constituting the parcel on | ||||||||||||||||||||||||||||||||||||||
18 | which the dwelling place is situated as is used for residential | ||||||||||||||||||||||||||||||||||||||
19 | purposes. If the chief county assessment officer has | ||||||||||||||||||||||||||||||||||||||
20 | established a specific legal description for a portion of the | ||||||||||||||||||||||||||||||||||||||
21 | property constituting the homestead property, then the | ||||||||||||||||||||||||||||||||||||||
22 | homestead property shall be limited to the property within that | ||||||||||||||||||||||||||||||||||||||
23 | specific legal description.
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1 | (35 ILCS 200/15-167) | ||||||
2 | Sec. 15-167. Returning Veterans' Homestead Exemption. | ||||||
3 | (a) Beginning with taxable year 2007, a homestead | ||||||
4 | exemption, limited to a reduction set forth under subsection | ||||||
5 | (b), from the property's value, as equalized or assessed by the | ||||||
6 | Department, is granted for homestead property that is owned and | ||||||
7 | occupied as the principal residence of a veteran returning from | ||||||
8 | an armed conflict involving the armed forces of the United | ||||||
9 | States who is liable for paying real estate taxes on the | ||||||
10 | property and is an owner of record of the property or has a | ||||||
11 | legal or equitable interest therein as evidenced by a written | ||||||
12 | instrument, except for a leasehold interest, other than a | ||||||
13 | leasehold interest of land on which a single family residence | ||||||
14 | is located, which is occupied as the principal residence of a | ||||||
15 | veteran returning from an armed conflict involving the armed | ||||||
16 | forces of the United States who has an ownership interest | ||||||
17 | therein, legal, equitable or as a lessee, and on which he or | ||||||
18 | she is liable for the payment of property taxes . For purposes | ||||||
19 | of the exemption under this Section, "veteran" means an | ||||||
20 | Illinois resident who has served as a member of the United | ||||||
21 | States Armed Forces, a member of the Illinois National Guard, | ||||||
22 | or a member of the United States Reserve Forces. | ||||||
23 | (b) In all counties, the reduction is $5,000 and only for | ||||||
24 | the taxable year in which the veteran returns from active duty | ||||||
25 | in an armed conflict involving the armed forces of the United |
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1 | States. For land improved with an apartment building owned and | ||||||
2 | operated as a cooperative, the maximum reduction from the value | ||||||
3 | of the property, as equalized by the Department, must be | ||||||
4 | multiplied by the number of apartments or units occupied by a | ||||||
5 | veteran returning from an armed conflict involving the armed | ||||||
6 | forces of the United States who is liable, by contract with the | ||||||
7 | owner or owners of record, for paying property taxes on the | ||||||
8 | property and is an owner of record of a legal or equitable | ||||||
9 | interest in the cooperative apartment building, other than a | ||||||
10 | leasehold interest. In a cooperative where a homestead | ||||||
11 | exemption has been granted, the cooperative association or the | ||||||
12 | management firm of the cooperative or facility shall credit the | ||||||
13 | savings resulting from that exemption only to the apportioned | ||||||
14 | tax liability of the owner or resident who qualified for the | ||||||
15 | exemption. Any person who willfully refuses to so credit the | ||||||
16 | savings is guilty of a Class B misdemeanor. | ||||||
17 | (c) Application must be made during the application period | ||||||
18 | in effect for the county of his or her residence. The assessor | ||||||
19 | or chief county assessment officer may determine the | ||||||
20 | eligibility of residential property to receive the homestead | ||||||
21 | exemption provided by this Section by application, visual | ||||||
22 | inspection, questionnaire, or other reasonable methods. The | ||||||
23 | determination must be made in accordance with guidelines | ||||||
24 | established by the Department. | ||||||
25 | (d) The exemption under this Section is in addition to any | ||||||
26 | other homestead exemption provided in this Article 15. |
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1 | Notwithstanding Sections 6 and 8 of the State Mandates Act, no | ||||||
2 | reimbursement by the State is required for the implementation | ||||||
3 | of any mandate created by this Section.
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4 | (Source: P.A. 95-644, eff. 10-12-07.)
| ||||||
5 | (35 ILCS 200/15-168)
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6 | Sec. 15-168. Disabled persons' homestead exemption. | ||||||
7 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
8 | exemption is granted to disabled persons in
the amount of | ||||||
9 | $2,000, except as provided in subsection (c), to
be deducted | ||||||
10 | from the homestead property's value as equalized or assessed
by | ||||||
11 | the Department of Revenue. The disabled person shall receive
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12 | the homestead exemption upon meeting the following
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13 | requirements: | ||||||
14 | (1) The property must be occupied as the primary | ||||||
15 | residence by the disabled person. | ||||||
16 | (2) The disabled person must be liable for paying the
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17 | real estate taxes on the property. | ||||||
18 | (3) The disabled person must be an owner of record of
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19 | the property or have a legal or equitable interest in the
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20 | property as evidenced by a written instrument. In the case
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21 | of a leasehold interest in property, the lease must be for
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22 | a single family residence. | ||||||
23 | A person who is disabled during the taxable year
is | ||||||
24 | eligible to apply for this homestead exemption during that
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25 | taxable year. Application must be made during the
application |
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1 | period in effect for the county of residence. If a
homestead | ||||||
2 | exemption has been granted under this Section and the
person | ||||||
3 | awarded the exemption subsequently becomes a resident of
a | ||||||
4 | facility licensed under the Nursing Home Care Act, then the
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5 | exemption shall continue (i) so long as the residence continues
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6 | to be occupied by the qualifying person's spouse or (ii) if the
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7 | residence remains unoccupied but is still owned by the person
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8 | qualified for the homestead exemption. | ||||||
9 | (b) For the purposes of this Section, "disabled person"
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10 | means a person unable to engage in any substantial gainful | ||||||
11 | activity by reason of a medically determinable physical or | ||||||
12 | mental impairment which can be expected to result in death or | ||||||
13 | has lasted or can be expected to last for a continuous period | ||||||
14 | of not less than 12 months. Disabled persons filing claims | ||||||
15 | under this Act shall submit proof of disability in such form | ||||||
16 | and manner as the Department shall by rule and regulation | ||||||
17 | prescribe. Proof that a claimant is eligible to receive | ||||||
18 | disability benefits under the Federal Social Security Act shall | ||||||
19 | constitute proof of disability for purposes of this Act. | ||||||
20 | Issuance of an Illinois Disabled Person Identification Card | ||||||
21 | stating that the claimant is under a Class 2 disability, as | ||||||
22 | defined in Section 4A of The Illinois Identification Card Act, | ||||||
23 | shall constitute proof that the person named thereon is a | ||||||
24 | disabled person for purposes of this Act. A disabled person not | ||||||
25 | covered under the Federal Social Security Act and not | ||||||
26 | presenting a Disabled Person Identification Card stating that |
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1 | the claimant is under a Class 2 disability shall be examined by | ||||||
2 | a physician designated by the Department, and his status as a | ||||||
3 | disabled person determined using the same standards as used by | ||||||
4 | the Social Security Administration. The costs of any required | ||||||
5 | examination shall be borne by the claimant. | ||||||
6 | (c) For land improved with (i) an apartment building owned
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7 | and operated as a cooperative or (ii) a life care facility as
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8 | defined under Section 2 of the Life Care Facilities Act that is
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9 | considered to be a cooperative, the maximum reduction from the
| ||||||
10 | value of the property, as equalized or assessed by the
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11 | Department, shall be multiplied by the number of apartments or
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12 | units occupied by a disabled person. The disabled person shall
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13 | receive the homestead exemption upon meeting the following
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14 | requirements: | ||||||
15 | (1) The property must be occupied as the primary | ||||||
16 | residence by the
disabled person. | ||||||
17 | (2) The disabled person must be liable by contract with
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18 | the owner or owners of record for paying the apportioned
| ||||||
19 | property taxes on the property of the cooperative or life
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20 | care facility. In the case of a life care facility, the
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21 | disabled person must be liable for paying the apportioned
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22 | property taxes under a life care contract as defined in | ||||||
23 | Section 2 of the Life Care Facilities Act. | ||||||
24 | (3) The disabled person must be an owner of record of a
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25 | legal or equitable interest in the cooperative apartment
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26 | building. A leasehold interest does not meet this
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1 | requirement.
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2 | If a homestead exemption is granted under this subsection, the
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3 | cooperative association or management firm shall credit the
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4 | savings resulting from the exemption to the apportioned tax
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5 | liability of the qualifying disabled person. The chief county
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6 | assessment officer may request reasonable proof that the
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7 | association or firm has properly credited the exemption. A
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8 | person who willfully refuses to credit an exemption to the
| ||||||
9 | qualified disabled person is guilty of a Class B misdemeanor.
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10 | (d) The chief county assessment officer shall determine the
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11 | eligibility of property to receive the homestead exemption
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12 | according to guidelines established by the Department. After a
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13 | person has received an exemption under this Section, an annual
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14 | verification of eligibility for the exemption shall be mailed
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15 | to the taxpayer. | ||||||
16 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
17 | chief county assessment officer shall provide to each
person | ||||||
18 | granted a homestead exemption under this Section a form
to | ||||||
19 | designate any other person to receive a duplicate of any
notice | ||||||
20 | of delinquency in the payment of taxes assessed and
levied | ||||||
21 | under this Code on the person's qualifying property. The
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22 | duplicate notice shall be in addition to the notice required to
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23 | be provided to the person receiving the exemption and shall be | ||||||
24 | given in the manner required by this Code. The person filing
| ||||||
25 | the request for the duplicate notice shall pay an
| ||||||
26 | administrative fee of $5 to the chief county assessment
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1 | officer. The assessment officer shall then file the executed
| ||||||
2 | designation with the county collector, who shall issue the
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3 | duplicate notices as indicated by the designation. A
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4 | designation may be rescinded by the disabled person in the
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5 | manner required by the chief county assessment officer. | ||||||
6 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
7 | or 15-169 may not claim an exemption under this Section.
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8 | (Source: P.A. 95-644, eff. 10-12-07.)
| ||||||
9 | (35 ILCS 200/15-170)
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10 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||
11 | annual homestead
exemption limited, except as described here | ||||||
12 | with relation to cooperatives or
life care facilities, to a
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13 | maximum reduction set forth below from the homestead property's | ||||||
14 | value, as equalized or
assessed by the Department, is granted | ||||||
15 | for property of that is occupied as a
residence by a person 65 | ||||||
16 | years of age or older who is liable for paying real
estate | ||||||
17 | taxes on the property and is an owner of record of the property | ||||||
18 | or has a
legal or equitable interest therein as evidenced by a | ||||||
19 | written instrument,
except for a leasehold interest, other than | ||||||
20 | a leasehold interest of land on
which a single family residence | ||||||
21 | is located, which is occupied as a residence by
a person 65 | ||||||
22 | years or older who has an ownership interest therein, legal,
| ||||||
23 | equitable or as a lessee, and on which he or she is liable for | ||||||
24 | the payment
of property taxes . Before taxable year 2004, the | ||||||
25 | maximum reduction shall be $2,500 in counties with
3,000,000 or |
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1 | more inhabitants and $2,000 in all other counties. For taxable | ||||||
2 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
3 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
4 | reduction shall be $3,500 and, for taxable years 2008 and | ||||||
5 | thereafter, the maximum reduction is $4,000 in all counties.
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6 | For land
improved with an apartment building owned and | ||||||
7 | operated as a cooperative, the maximum reduction from the value | ||||||
8 | of the property, as
equalized
by the Department, shall be | ||||||
9 | multiplied by the number of apartments or units
occupied by a | ||||||
10 | person 65 years of age or older who is liable, by contract with
| ||||||
11 | the owner or owners of record, for paying property taxes on the | ||||||
12 | property and
is an owner of record of a legal or equitable | ||||||
13 | interest in the cooperative
apartment building, other than a | ||||||
14 | leasehold interest. For land improved with
a life care | ||||||
15 | facility, the maximum reduction from the value of the property, | ||||||
16 | as
equalized by the Department, shall be multiplied by the | ||||||
17 | number of apartments or
units occupied by persons 65 years of | ||||||
18 | age or older, irrespective of any legal,
equitable, or | ||||||
19 | leasehold interest in the facility, who are liable, under a
| ||||||
20 | contract with the owner or owners of record of the facility, | ||||||
21 | for paying
property taxes on the property. In a
cooperative or | ||||||
22 | a life care facility where a
homestead exemption has been | ||||||
23 | granted, the cooperative association or the
management firm of | ||||||
24 | the cooperative or facility shall credit the savings
resulting | ||||||
25 | from that exemption only to
the apportioned tax liability of | ||||||
26 | the owner or resident who qualified for
the exemption.
Any |
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1 | person who willfully refuses to so credit the savings shall be | ||||||
2 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
3 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
4 | a facility, as defined in Section 2 of the Life Care Facilities
| ||||||
5 | Act, with which the applicant for the homestead exemption has a | ||||||
6 | life care
contract as defined in that Act.
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7 | When a homestead exemption has been granted under this | ||||||
8 | Section and the person
qualifying subsequently becomes a | ||||||
9 | resident of a facility licensed under the
Nursing Home Care | ||||||
10 | Act, the exemption shall continue so long as the residence
| ||||||
11 | continues to be occupied by the qualifying person's spouse if | ||||||
12 | the spouse is 65
years of age or older, or if the residence | ||||||
13 | remains unoccupied but is still
owned by the person qualified | ||||||
14 | for the homestead exemption.
| ||||||
15 | A person who will be 65 years of age
during the current | ||||||
16 | assessment year
shall
be eligible to apply for the homestead | ||||||
17 | exemption during that assessment
year.
Application shall be | ||||||
18 | made during the application period in effect for the
county of | ||||||
19 | his residence.
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20 | Beginning with assessment year 2003, for taxes payable in | ||||||
21 | 2004, homestead
property
that is first occupied as a residence | ||||||
22 | after January 1 of any assessment year by
a person who is | ||||||
23 | eligible for the senior citizens homestead exemption under this
| ||||||
24 | Section must be granted a pro-rata exemption for the assessment | ||||||
25 | year. The
amount of the pro-rata exemption is the exemption
| ||||||
26 | allowed in the county under this Section divided by 365 and |
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| |||||||
1 | multiplied by the
number of days during the assessment year the | ||||||
2 | property is occupied as a
residence by a
person eligible for | ||||||
3 | the exemption under this Section. The chief county
assessment | ||||||
4 | officer must adopt reasonable procedures to establish | ||||||
5 | eligibility
for this pro-rata exemption.
| ||||||
6 | The assessor or chief county assessment officer may | ||||||
7 | determine the eligibility
of a life care facility to receive | ||||||
8 | the benefits provided by this Section, by
affidavit, | ||||||
9 | application, visual inspection, questionnaire or other | ||||||
10 | reasonable
methods in order to insure that the tax savings | ||||||
11 | resulting from the exemption
are credited by the management | ||||||
12 | firm to the apportioned tax liability of each
qualifying | ||||||
13 | resident. The assessor may request reasonable proof that the
| ||||||
14 | management firm has so credited the exemption.
| ||||||
15 | The chief county assessment officer of each county with | ||||||
16 | less than 3,000,000
inhabitants shall provide to each person | ||||||
17 | allowed a homestead exemption under
this Section a form to | ||||||
18 | designate any other person to receive a
duplicate of any notice | ||||||
19 | of delinquency in the payment of taxes assessed and
levied | ||||||
20 | under this Code on the property of the person receiving the | ||||||
21 | exemption.
The duplicate notice shall be in addition to the | ||||||
22 | notice required to be
provided to the person receiving the | ||||||
23 | exemption, and shall be given in the
manner required by this | ||||||
24 | Code. The person filing the request for the duplicate
notice | ||||||
25 | shall pay a fee of $5 to cover administrative costs to the | ||||||
26 | supervisor of
assessments, who shall then file the executed |
| |||||||
| |||||||
1 | designation with the county
collector. Notwithstanding any | ||||||
2 | other provision of this Code to the contrary,
the filing of | ||||||
3 | such an executed designation requires the county collector to
| ||||||
4 | provide duplicate notices as indicated by the designation. A | ||||||
5 | designation may
be rescinded by the person who executed such | ||||||
6 | designation at any time, in the
manner and form required by the | ||||||
7 | chief county assessment officer.
| ||||||
8 | The assessor or chief county assessment officer may | ||||||
9 | determine the
eligibility of residential property to receive | ||||||
10 | the homestead exemption provided
by this Section by | ||||||
11 | application, visual inspection, questionnaire or other
| ||||||
12 | reasonable methods. The determination shall be made in | ||||||
13 | accordance with
guidelines established by the Department.
| ||||||
14 | In counties with less than 3,000,000 inhabitants, the | ||||||
15 | county board may by
resolution provide that if a person has | ||||||
16 | been granted a homestead exemption
under this Section, the | ||||||
17 | person qualifying need not reapply for the exemption.
| ||||||
18 | In counties with less than 3,000,000 inhabitants, if the | ||||||
19 | assessor or chief
county assessment officer requires annual | ||||||
20 | application for verification of
eligibility for an exemption | ||||||
21 | once granted under this Section, the application
shall be | ||||||
22 | mailed to the taxpayer.
| ||||||
23 | The assessor or chief county assessment officer shall | ||||||
24 | notify each person
who qualifies for an exemption under this | ||||||
25 | Section that the person may also
qualify for deferral of real | ||||||
26 | estate taxes under the Senior Citizens Real Estate
Tax Deferral |
| |||||||
| |||||||
1 | Act. The notice shall set forth the qualifications needed for
| ||||||
2 | deferral of real estate taxes, the address and telephone number | ||||||
3 | of
county collector, and a
statement that applications for | ||||||
4 | deferral of real estate taxes may be obtained
from the county | ||||||
5 | collector.
| ||||||
6 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
7 | no
reimbursement by the State is required for the | ||||||
8 | implementation of any mandate
created by this Section.
| ||||||
9 | (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07; | ||||||
10 | 95-876, eff. 8-21-08.)
| ||||||
11 | (35 ILCS 200/15-172)
| ||||||
12 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
13 | Exemption.
| ||||||
14 | (a) This Section may be cited as the Senior Citizens | ||||||
15 | Assessment
Freeze Homestead Exemption.
| ||||||
16 | (b) As used in this Section:
| ||||||
17 | "Applicant" means an individual who has filed an | ||||||
18 | application under this
Section.
| ||||||
19 | "Base amount" means the base year equalized assessed value | ||||||
20 | of the homestead property residence
plus the first year's | ||||||
21 | equalized assessed value of any added improvements which
| ||||||
22 | increased the assessed value of the homestead property | ||||||
23 | residence after the base year.
| ||||||
24 | "Base year" means the taxable year prior to the taxable | ||||||
25 | year for which the
applicant first qualifies and applies for |
| |||||||
| |||||||
1 | the exemption provided that in the
prior taxable year the | ||||||
2 | homestead property was improved with a permanent structure that
| ||||||
3 | was occupied as a residence by the applicant who was liable for | ||||||
4 | paying real
property taxes on the property and who was either | ||||||
5 | (i) an owner of record of the
property or had legal or | ||||||
6 | equitable interest in the property as evidenced by a
written | ||||||
7 | instrument or (ii) had a legal or equitable interest as a | ||||||
8 | lessee in the
parcel of property that was single family | ||||||
9 | residence .
If in any subsequent taxable year for which the | ||||||
10 | applicant applies and
qualifies for the exemption the equalized | ||||||
11 | assessed value of the homestead property residence is
less than | ||||||
12 | the equalized assessed value in the existing base year
| ||||||
13 | (provided that such equalized assessed value is not
based
on an
| ||||||
14 | assessed value that results from a temporary irregularity in | ||||||
15 | the property that
reduces the
assessed value for one or more | ||||||
16 | taxable years), then that
subsequent taxable year shall become | ||||||
17 | the base year until a new base year is
established under the | ||||||
18 | terms of this paragraph. For taxable year 1999 only, the
Chief | ||||||
19 | County Assessment Officer shall review (i) all taxable years | ||||||
20 | for which
the
applicant applied and qualified for the exemption | ||||||
21 | and (ii) the existing base
year.
The assessment officer shall | ||||||
22 | select as the new base year the year with the
lowest equalized | ||||||
23 | assessed value.
An equalized assessed value that is based on an | ||||||
24 | assessed value that results
from a
temporary irregularity in | ||||||
25 | the property that reduces the assessed value for one
or more
| ||||||
26 | taxable years shall not be considered the lowest equalized |
| |||||||
| |||||||
1 | assessed value.
The selected year shall be the base year for
| ||||||
2 | taxable year 1999 and thereafter until a new base year is | ||||||
3 | established under the
terms of this paragraph.
| ||||||
4 | "Chief County Assessment Officer" means the County | ||||||
5 | Assessor or Supervisor of
Assessments of the county in which | ||||||
6 | the property is located.
| ||||||
7 | "Equalized assessed value" means the assessed value as | ||||||
8 | equalized by the
Illinois Department of Revenue.
| ||||||
9 | "Homestead property" has the same meaning as provided in | ||||||
10 | Section 1-172 of this Act. | ||||||
11 | "Household" means the applicant, the spouse of the | ||||||
12 | applicant, and all persons
using the residence of the applicant | ||||||
13 | as their principal place of residence.
| ||||||
14 | "Household income" means the combined income of the members | ||||||
15 | of a household
for the calendar year preceding the taxable | ||||||
16 | year.
| ||||||
17 | "Income" has the same meaning as provided in Section 3.07 | ||||||
18 | of the Senior
Citizens and Disabled Persons Property Tax Relief | ||||||
19 | and Pharmaceutical Assistance
Act, except that, beginning in | ||||||
20 | assessment year 2001, "income" does not
include veteran's | ||||||
21 | benefits.
| ||||||
22 | "Internal Revenue Code of 1986" means the United States | ||||||
23 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
24 | relating to federal income taxes in effect
for the year | ||||||
25 | preceding the taxable year.
| ||||||
26 | "Life care facility that qualifies as a cooperative" means |
| |||||||
| |||||||
1 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
2 | Act.
| ||||||
3 | "Maximum income limitation" means: | ||||||
4 | (1) $35,000 prior
to taxable year 1999; | ||||||
5 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
6 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
7 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
8 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
9 | "Residence" means the principal dwelling place and | ||||||
10 | appurtenant structures
used for residential purposes in this | ||||||
11 | State occupied on January 1 of the
taxable year by a household | ||||||
12 | and so much of the surrounding land, constituting
the parcel | ||||||
13 | upon which the dwelling place is situated, as is used for
| ||||||
14 | residential purposes. If the Chief County Assessment Officer | ||||||
15 | has established a
specific legal description for a portion of | ||||||
16 | property constituting the
residence, then that portion of | ||||||
17 | property shall be deemed the residence for the
purposes of this | ||||||
18 | Section.
| ||||||
19 | "Taxable year" means the calendar year during which ad | ||||||
20 | valorem property taxes
payable in the next succeeding year are | ||||||
21 | levied.
| ||||||
22 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
23 | assessment freeze
homestead exemption is granted for real | ||||||
24 | property that is improved with a
permanent structure that is | ||||||
25 | occupied as a homestead property residence by an applicant who | ||||||
26 | (i) is
65 years of age or older during the taxable year, (ii) |
| |||||||
| |||||||
1 | has a household income that does not exceed the maximum income | ||||||
2 | limitation, (iii) is liable for paying real property taxes on
| ||||||
3 | the
property, and (iv) is an owner of record of the property or | ||||||
4 | has a legal or
equitable interest in the property as evidenced | ||||||
5 | by a written instrument. This
homestead exemption shall also | ||||||
6 | apply to a leasehold interest in a parcel of
property improved | ||||||
7 | with a permanent structure that is a single family residence
| ||||||
8 | that is occupied as a homestead property residence by a person | ||||||
9 | who (i) is 65 years of age or older
during the taxable year, | ||||||
10 | (ii) has a household income that does not exceed the maximum | ||||||
11 | income limitation,
(iii)
has a legal or equitable ownership | ||||||
12 | interest in the property as lessee, and (iv)
is liable for the | ||||||
13 | payment of real property taxes on that property.
| ||||||
14 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
15 | the exemption for all taxable years is the equalized assessed | ||||||
16 | value of the homestead property
residence in the taxable year | ||||||
17 | for which application is made minus the base
amount. In all | ||||||
18 | other counties, the amount of the exemption is as follows: (i) | ||||||
19 | through taxable year 2005 and for taxable year 2007 and | ||||||
20 | thereafter, the amount of this exemption shall be the equalized | ||||||
21 | assessed value of the homestead property
residence in the | ||||||
22 | taxable year for which application is made minus the base
| ||||||
23 | amount; and (ii) for
taxable year 2006, the amount of the | ||||||
24 | exemption is as follows:
| ||||||
25 | (1) For an applicant who has a household income of | ||||||
26 | $45,000 or less, the amount of the exemption is the |
| |||||||
| |||||||
1 | equalized assessed value of the homestead property
| ||||||
2 | residence in the taxable year for which application is made | ||||||
3 | minus the base
amount. | ||||||
4 | (2) For an applicant who has a household income | ||||||
5 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
6 | the exemption is (i) the equalized assessed value of the | ||||||
7 | homestead property
residence in the taxable year for which | ||||||
8 | application is made minus the base
amount (ii) multiplied | ||||||
9 | by 0.8. | ||||||
10 | (3) For an applicant who has a household income | ||||||
11 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
12 | the exemption is (i) the equalized assessed value of the | ||||||
13 | homestead property
residence in the taxable year for which | ||||||
14 | application is made minus the base
amount (ii) multiplied | ||||||
15 | by 0.6. | ||||||
16 | (4) For an applicant who has a household income | ||||||
17 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
18 | the exemption is (i) the equalized assessed value of the | ||||||
19 | homestead property
residence in the taxable year for which | ||||||
20 | application is made minus the base
amount (ii) multiplied | ||||||
21 | by 0.4. | ||||||
22 | (5) For an applicant who has a household income | ||||||
23 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
24 | the exemption is (i) the equalized assessed value of the | ||||||
25 | homestead property
residence in the taxable year for which | ||||||
26 | application is made minus the base
amount (ii) multiplied |
| |||||||
| |||||||
1 | by 0.2.
| ||||||
2 | When the applicant is a surviving spouse of an applicant | ||||||
3 | for a prior year for
the same homestead property residence for | ||||||
4 | which an exemption under this Section has been granted,
the | ||||||
5 | base year and base amount for that homestead property residence | ||||||
6 | are the same as for the
applicant for the prior year.
| ||||||
7 | Each year at the time the assessment books are certified to | ||||||
8 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
9 | give to the County Clerk a list
of the assessed values of | ||||||
10 | improvements on each parcel qualifying for this
exemption that | ||||||
11 | were added after the base year for this parcel and that
| ||||||
12 | increased the assessed value of the property.
| ||||||
13 | In the case of land improved with an apartment building | ||||||
14 | owned and operated as
a cooperative or a building that is a | ||||||
15 | life care facility that qualifies as a
cooperative, the maximum | ||||||
16 | reduction from the equalized assessed value of the
property is | ||||||
17 | limited to the sum of the reductions calculated for each unit
| ||||||
18 | occupied as a residence by a person or persons (i) 65 years of | ||||||
19 | age or older, (ii) with a
household income that does not exceed | ||||||
20 | the maximum income limitation, (iii) who is liable, by contract | ||||||
21 | with the
owner
or owners of record, for paying real property | ||||||
22 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
23 | legal or equitable interest in the cooperative
apartment | ||||||
24 | building, other than a leasehold interest. In the instance of a
| ||||||
25 | cooperative where a homestead exemption has been granted under | ||||||
26 | this Section,
the cooperative association or its management |
| |||||||
| |||||||
1 | firm shall credit the savings
resulting from that exemption | ||||||
2 | only to the apportioned tax liability of the
owner who | ||||||
3 | qualified for the exemption. Any person who willfully refuses | ||||||
4 | to
credit that savings to an owner who qualifies for the | ||||||
5 | exemption is guilty of a
Class B misdemeanor.
| ||||||
6 | When a homestead exemption has been granted under this | ||||||
7 | Section and an
applicant then becomes a resident of a facility | ||||||
8 | licensed under the Nursing Home
Care Act, the exemption shall | ||||||
9 | be granted in subsequent years so long as the homestead | ||||||
10 | property
residence (i) continues to be occupied by the | ||||||
11 | qualified applicant's spouse or
(ii) if remaining unoccupied, | ||||||
12 | is still owned by the qualified applicant for the
homestead | ||||||
13 | exemption.
| ||||||
14 | Beginning January 1, 1997, when an individual dies who | ||||||
15 | would have qualified
for an exemption under this Section, and | ||||||
16 | the surviving spouse does not
independently qualify for this | ||||||
17 | exemption because of age, the exemption under
this Section | ||||||
18 | shall be granted to the surviving spouse for the taxable year
| ||||||
19 | preceding and the taxable
year of the death, provided that, | ||||||
20 | except for age, the surviving spouse meets
all
other | ||||||
21 | qualifications for the granting of this exemption for those | ||||||
22 | years.
| ||||||
23 | When married persons maintain and reside in separate | ||||||
24 | residences qualifying as homestead property , the exemption | ||||||
25 | provided for
in this Section may be claimed by only one of such | ||||||
26 | persons and for only one
residence.
|
| |||||||
| |||||||
1 | For taxable year 1994 only, in counties having less than | ||||||
2 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
3 | submit an application by
February 15, 1995 to the Chief County | ||||||
4 | Assessment Officer
of the county in which the property is | ||||||
5 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
6 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
7 | the exemption, a person
may submit an application to the Chief | ||||||
8 | County
Assessment Officer of the county in which the property | ||||||
9 | is located during such
period as may be specified by the Chief | ||||||
10 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
11 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
12 | give notice of the application period by mail or by | ||||||
13 | publication. In
counties having less than 3,000,000 | ||||||
14 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
15 | to receive the exemption, a person
shall
submit an
application | ||||||
16 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
17 | Officer of the county in which the property is located. A | ||||||
18 | county may, by
ordinance, establish a date for submission of | ||||||
19 | applications that is
different than
July 1.
The applicant shall | ||||||
20 | submit with the
application an affidavit of the applicant's | ||||||
21 | total household income, age,
marital status (and if married the | ||||||
22 | name and address of the applicant's spouse,
if known), and | ||||||
23 | principal dwelling place of members of the household on January
| ||||||
24 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
25 | a method for
verifying the accuracy of affidavits filed by | ||||||
26 | applicants under this Section, and the Chief County Assessment |
| |||||||
| |||||||
1 | Officer may conduct audits of any taxpayer claiming an | ||||||
2 | exemption under this Section to verify that the taxpayer is | ||||||
3 | eligible to receive the exemption. Each application shall | ||||||
4 | contain or be verified by a written declaration that it is made | ||||||
5 | under the penalties of perjury. A taxpayer's signing a | ||||||
6 | fraudulent application under this Act is perjury, as defined in | ||||||
7 | Section 32-2 of the Criminal Code of 1961.
The applications | ||||||
8 | shall be clearly marked as applications for the Senior
Citizens | ||||||
9 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
10 | that any taxpayer who receives the exemption is subject to an | ||||||
11 | audit by the Chief County Assessment Officer.
| ||||||
12 | Notwithstanding any other provision to the contrary, in | ||||||
13 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
14 | applicant fails
to file the application required by this | ||||||
15 | Section in a timely manner and this
failure to file is due to a | ||||||
16 | mental or physical condition sufficiently severe so
as to | ||||||
17 | render the applicant incapable of filing the application in a | ||||||
18 | timely
manner, the Chief County Assessment Officer may extend | ||||||
19 | the filing deadline for
a period of 30 days after the applicant | ||||||
20 | regains the capability to file the
application, but in no case | ||||||
21 | may the filing deadline be extended beyond 3
months of the | ||||||
22 | original filing deadline. In order to receive the extension
| ||||||
23 | provided in this paragraph, the applicant shall provide the | ||||||
24 | Chief County
Assessment Officer with a signed statement from | ||||||
25 | the applicant's physician
stating the nature and extent of the | ||||||
26 | condition, that, in the
physician's opinion, the condition was |
| |||||||
| |||||||
1 | so severe that it rendered the applicant
incapable of filing | ||||||
2 | the application in a timely manner, and the date on which
the | ||||||
3 | applicant regained the capability to file the application.
| ||||||
4 | Beginning January 1, 1998, notwithstanding any other | ||||||
5 | provision to the
contrary, in counties having fewer than | ||||||
6 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
7 | application required by this Section in a timely manner and
| ||||||
8 | this failure to file is due to a mental or physical condition | ||||||
9 | sufficiently
severe so as to render the applicant incapable of | ||||||
10 | filing the application in a
timely manner, the Chief County | ||||||
11 | Assessment Officer may extend the filing
deadline for a period | ||||||
12 | of 3 months. In order to receive the extension provided
in this | ||||||
13 | paragraph, the applicant shall provide the Chief County | ||||||
14 | Assessment
Officer with a signed statement from the applicant's | ||||||
15 | physician stating the
nature and extent of the condition, and | ||||||
16 | that, in the physician's opinion, the
condition was so severe | ||||||
17 | that it rendered the applicant incapable of filing the
| ||||||
18 | application in a timely manner.
| ||||||
19 | In counties having less than 3,000,000 inhabitants, if an | ||||||
20 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
21 | denial occurred due to an
error on the part of an assessment
| ||||||
22 | official, or his or her agent or employee, then beginning in | ||||||
23 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
24 | determining the amount of the exemption,
shall be 1993 rather | ||||||
25 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
26 | exemption shall also include an amount equal to (i) the amount |
| |||||||
| |||||||
1 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
2 | as a result of using
1994, rather than 1993, as the base year, | ||||||
3 | (ii) the amount of any exemption
denied to the applicant in | ||||||
4 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
5 | as the base year, and (iii) the amount of the exemption | ||||||
6 | erroneously
denied for taxable year 1994.
| ||||||
7 | For purposes of this Section, a person who will be 65 years | ||||||
8 | of age during the
current taxable year shall be eligible to | ||||||
9 | apply for the homestead exemption
during that taxable year. | ||||||
10 | Application shall be made during the application
period in | ||||||
11 | effect for the county of his or her residence.
| ||||||
12 | The Chief County Assessment Officer may determine the | ||||||
13 | eligibility of a life
care facility that qualifies as a | ||||||
14 | cooperative to receive the benefits
provided by this Section by | ||||||
15 | use of an affidavit, application, visual
inspection, | ||||||
16 | questionnaire, or other reasonable method in order to insure | ||||||
17 | that
the tax savings resulting from the exemption are credited | ||||||
18 | by the management
firm to the apportioned tax liability of each | ||||||
19 | qualifying resident. The Chief
County Assessment Officer may | ||||||
20 | request reasonable proof that the management firm
has so | ||||||
21 | credited that exemption.
| ||||||
22 | Except as provided in this Section, all information | ||||||
23 | received by the chief
county assessment officer or the | ||||||
24 | Department from applications filed under this
Section, or from | ||||||
25 | any investigation conducted under the provisions of this
| ||||||
26 | Section, shall be confidential, except for official purposes or
|
| |||||||
| |||||||
1 | pursuant to official procedures for collection of any State or | ||||||
2 | local tax or
enforcement of any civil or criminal penalty or | ||||||
3 | sanction imposed by this Act or
by any statute or ordinance | ||||||
4 | imposing a State or local tax. Any person who
divulges any such | ||||||
5 | information in any manner, except in accordance with a proper
| ||||||
6 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
7 | Nothing contained in this Section shall prevent the | ||||||
8 | Director or chief county
assessment officer from publishing or | ||||||
9 | making available reasonable statistics
concerning the | ||||||
10 | operation of the exemption contained in this Section in which
| ||||||
11 | the contents of claims are grouped into aggregates in such a | ||||||
12 | way that
information contained in any individual claim shall | ||||||
13 | not be disclosed.
| ||||||
14 | (d) Each Chief County Assessment Officer shall annually | ||||||
15 | publish a notice
of availability of the exemption provided | ||||||
16 | under this Section. The notice
shall be published at least 60 | ||||||
17 | days but no more than 75 days prior to the date
on which the | ||||||
18 | application must be submitted to the Chief County Assessment
| ||||||
19 | Officer of the county in which the property is located. The | ||||||
20 | notice shall
appear in a newspaper of general circulation in | ||||||
21 | the county.
| ||||||
22 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
23 | no reimbursement by the State is required for the | ||||||
24 | implementation of any mandate created by this Section.
| ||||||
25 | (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/15-175)
| ||||||
2 | Sec. 15-175. General homestead exemption. Except as | ||||||
3 | provided in Sections 15-176 and 15-177, homestead
property is
| ||||||
4 | entitled to an annual homestead exemption limited, except as | ||||||
5 | described here
with relation to cooperatives, to a reduction in | ||||||
6 | the equalized assessed value
of homestead property equal to the | ||||||
7 | increase in equalized assessed value for the
current assessment | ||||||
8 | year above the equalized assessed value of the property for
| ||||||
9 | 1977, up to the maximum reduction set forth below. If however, | ||||||
10 | the 1977
equalized assessed value upon which taxes were paid is | ||||||
11 | subsequently determined
by local assessing officials, the | ||||||
12 | Property Tax Appeal Board, or a court to have
been excessive, | ||||||
13 | the equalized assessed value which should have been placed on
| ||||||
14 | the property for 1977 shall be used to determine the amount of | ||||||
15 | the exemption.
| ||||||
16 | Except as provided in Section 15-176, the maximum reduction | ||||||
17 | before taxable year 2004 shall be
$4,500 in counties with | ||||||
18 | 3,000,000 or more
inhabitants
and $3,500 in all other counties. | ||||||
19 | Except as provided in Sections 15-176 and 15-177, for taxable | ||||||
20 | years 2004 through 2007, the maximum reduction shall be $5,000, | ||||||
21 | for taxable year 2008, the maximum reduction is $5,500, and, | ||||||
22 | for taxable years 2009 and thereafter, the maximum reduction is | ||||||
23 | $6,000 in all counties. If a county has elected to subject | ||||||
24 | itself to the provisions of Section 15-176 as provided in | ||||||
25 | subsection (k) of that Section, then, for the first taxable | ||||||
26 | year only after the provisions of Section 15-176 no longer |
| |||||||
| |||||||
1 | apply, for owners who, for the taxable year, have not been | ||||||
2 | granted a senior citizens assessment freeze homestead | ||||||
3 | exemption under Section 15-172 or a long-time occupant | ||||||
4 | homestead exemption under Section 15-177, there shall be an | ||||||
5 | additional exemption of $5,000 for owners with a household | ||||||
6 | income of $30,000 or less.
| ||||||
7 | In counties with fewer than 3,000,000 inhabitants, if, | ||||||
8 | based on the most
recent assessment, the equalized assessed | ||||||
9 | value of
the homestead property for the current assessment year | ||||||
10 | is greater than the
equalized assessed value of the property | ||||||
11 | for 1977, the owner of the property
shall automatically receive | ||||||
12 | the exemption granted under this Section in an
amount equal to | ||||||
13 | the increase over the 1977 assessment up to the maximum
| ||||||
14 | reduction set forth in this Section.
| ||||||
15 | If in any assessment year beginning with the 2000 | ||||||
16 | assessment year,
homestead property has a pro-rata valuation | ||||||
17 | under
Section 9-180 resulting in an increase in the assessed | ||||||
18 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
19 | the increase in equalized assessed
value of the property for | ||||||
20 | the year of the pro-rata valuation above the
equalized assessed | ||||||
21 | value of the property for 1977 shall be applied to the
property | ||||||
22 | on a proportionate basis for the period the property qualified | ||||||
23 | as
homestead property during the assessment year. The maximum | ||||||
24 | proportionate
homestead exemption shall not exceed the maximum | ||||||
25 | homestead exemption allowed in
the county under this Section | ||||||
26 | divided by 365 and multiplied by the number of
days the |
| |||||||
| |||||||
1 | property qualified as homestead property.
| ||||||
2 | "Homestead property" has the same meaning as provided in | ||||||
3 | Section 1-72 of this Act under this Section includes | ||||||
4 | residential property that is
occupied by its owner or owners as | ||||||
5 | his or their principal dwelling place, or
that is a leasehold | ||||||
6 | interest on which a single family residence is situated,
which | ||||||
7 | is occupied as a residence by a person who has an ownership | ||||||
8 | interest
therein, legal or equitable or as a lessee, and on | ||||||
9 | which the person is
liable for the payment of property taxes . | ||||||
10 | For land improved with
an apartment building owned and operated | ||||||
11 | as a cooperative or a building which
is a life care facility as | ||||||
12 | defined in Section 15-170 and considered to
be a cooperative | ||||||
13 | under Section 15-170, the maximum reduction from the equalized
| ||||||
14 | assessed value shall be limited to the increase in the value | ||||||
15 | above the
equalized assessed value of the property for 1977, up | ||||||
16 | to
the maximum reduction set forth above, multiplied by the | ||||||
17 | number of apartments
or units occupied by a person or persons | ||||||
18 | who is liable, by contract with the
owner or owners of record, | ||||||
19 | for paying property taxes on the property and is an
owner of | ||||||
20 | record of a legal or equitable interest in the cooperative
| ||||||
21 | apartment building, other than a leasehold interest. For | ||||||
22 | purposes of this
Section, the term "life care facility" has the | ||||||
23 | meaning stated in Section
15-170.
| ||||||
24 | "Household", as used in this Section,
means the owner, the | ||||||
25 | spouse of the owner, and all persons using
the homestead | ||||||
26 | property
residence of the owner as their principal place of |
| |||||||
| |||||||
1 | residence.
| ||||||
2 | "Household income", as used in this Section,
means the | ||||||
3 | combined income of the members of a household
for the calendar | ||||||
4 | year preceding the taxable year.
| ||||||
5 | "Income", as used in this Section,
has the same meaning as | ||||||
6 | provided in Section 3.07 of the Senior
Citizens
and Disabled | ||||||
7 | Persons Property Tax Relief and Pharmaceutical Assistance Act,
| ||||||
8 | except that
"income" does not include veteran's benefits.
| ||||||
9 | In a cooperative where a homestead exemption has been | ||||||
10 | granted, the
cooperative association or its management firm | ||||||
11 | shall credit the savings
resulting from that exemption only to | ||||||
12 | the apportioned tax liability of the
owner who qualified for | ||||||
13 | the exemption. Any person who willfully refuses to so
credit | ||||||
14 | the savings shall be guilty of a Class B misdemeanor.
| ||||||
15 | Where married persons maintain and reside in separate | ||||||
16 | residences qualifying
as homestead property, each residence | ||||||
17 | shall receive 50% of the total reduction
in equalized assessed | ||||||
18 | valuation provided by this Section.
| ||||||
19 | In all counties, the assessor
or chief county assessment | ||||||
20 | officer may determine the
eligibility of residential property | ||||||
21 | to receive the homestead exemption and the amount of the | ||||||
22 | exemption by
application, visual inspection, questionnaire or | ||||||
23 | other reasonable methods. The
determination shall be made in | ||||||
24 | accordance with guidelines established by the
Department, | ||||||
25 | provided that the taxpayer applying for an additional general | ||||||
26 | exemption under this Section shall submit to the chief county |
| |||||||
| |||||||
1 | assessment officer an application with an affidavit of the | ||||||
2 | applicant's total household income, age, marital status (and, | ||||||
3 | if married, the name and address of the applicant's spouse, if | ||||||
4 | known), and principal dwelling place of members of the | ||||||
5 | household on January 1 of the taxable year. The Department | ||||||
6 | shall issue guidelines establishing a method for verifying the | ||||||
7 | accuracy of the affidavits filed by applicants under this | ||||||
8 | paragraph. The applications shall be clearly marked as | ||||||
9 | applications for the Additional General Homestead Exemption.
| ||||||
10 | In counties with fewer than 3,000,000 inhabitants, in the | ||||||
11 | event of a sale
of
homestead property the homestead exemption | ||||||
12 | shall remain in effect for the
remainder of the assessment year | ||||||
13 | of the sale. The assessor or chief county
assessment officer | ||||||
14 | may require the new
owner of the property to apply for the | ||||||
15 | homestead exemption for the following
assessment year.
| ||||||
16 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
17 | no reimbursement by the State is required for the | ||||||
18 | implementation of any mandate created by this Section.
| ||||||
19 | (Source: P.A. 95-644, eff. 10-12-07.)
| ||||||
20 | (35 ILCS 200/15-176)
| ||||||
21 | Sec. 15-176. Alternative general homestead exemption.
| ||||||
22 | (a) For the assessment years as determined under subsection | ||||||
23 | (j), in any county that has elected, by an ordinance in | ||||||
24 | accordance with subsection (k), to be subject to the provisions | ||||||
25 | of this Section in lieu of the provisions of Section 15-175, |
| |||||||
| |||||||
1 | homestead property is
entitled to
an annual homestead exemption | ||||||
2 | equal to a reduction in the property's equalized
assessed
value | ||||||
3 | calculated as provided in this Section.
| ||||||
4 | (b) As used in this Section:
| ||||||
5 | (1) "Assessor" means the supervisor of assessments or | ||||||
6 | the chief county assessment officer of each county.
| ||||||
7 | (2) "Adjusted homestead value" means the lesser of the | ||||||
8 | following values:
| ||||||
9 | (A) The property's base homestead value increased | ||||||
10 | by 7% for each
tax year after the base year through and | ||||||
11 | including the current tax year, or, if the property is | ||||||
12 | sold or ownership is otherwise transferred, the | ||||||
13 | property's base homestead value increased by 7% for | ||||||
14 | each tax year after the year of the sale or transfer | ||||||
15 | through and including the current tax year. The | ||||||
16 | increase by 7% each year is an increase by 7% over the | ||||||
17 | prior year.
| ||||||
18 | (B) The property's equalized assessed value for | ||||||
19 | the current tax
year minus: (i) $4,500 in Cook County | ||||||
20 | or $3,500 in all other counties in tax year 2003;
(ii) | ||||||
21 | $5,000 in all counties in tax years 2004 and 2005; and | ||||||
22 | (iii) the lesser of the amount of the general homestead | ||||||
23 | exemption under Section 15-175 or an amount equal to | ||||||
24 | the increase in the equalized assessed value for the | ||||||
25 | current tax year above the equalized assessed value for | ||||||
26 | 1977 in tax year 2006 and thereafter.
|
| |||||||
| |||||||
1 | (3) "Base homestead value".
| ||||||
2 | (A) Except as provided in subdivision (b)(3)(A-5) | ||||||
3 | or (b)(3)(B), "base homestead value" means the | ||||||
4 | equalized assessed value of the property for the base | ||||||
5 | year
prior to exemptions, minus (i) $4,500 in Cook | ||||||
6 | County or $3,500 in all other counties in tax year | ||||||
7 | 2003, (ii) $5,000 in all counties in tax years
2004 and | ||||||
8 | 2005, or (iii) the lesser of the amount of the general | ||||||
9 | homestead exemption under Section 15-175 or an amount | ||||||
10 | equal to the increase in the equalized assessed value | ||||||
11 | for the current tax year above the equalized assessed | ||||||
12 | value for 1977 in tax year 2006 and
thereafter, | ||||||
13 | provided that it was assessed for that
year as | ||||||
14 | residential property qualified for any of the | ||||||
15 | homestead exemptions
under Sections 15-170 through | ||||||
16 | 15-175 of this Code, then in force, and
further | ||||||
17 | provided that the property's assessment was not based | ||||||
18 | on a reduced
assessed value resulting from a temporary | ||||||
19 | irregularity in the property for
that year. Except as | ||||||
20 | provided in subdivision (b)(3)(B), if the property did | ||||||
21 | not have a
residential
equalized assessed value for the | ||||||
22 | base year, then "base homestead value" means the base
| ||||||
23 | homestead value established by the assessor under | ||||||
24 | subsection (c).
| ||||||
25 | (A-5) On or before September 1, 2007, in Cook | ||||||
26 | County, the base homestead value, as set forth under |
| |||||||
| |||||||
1 | subdivision (b)(3)(A) and except as provided under | ||||||
2 | subdivision (b) (3) (B), must be recalculated as the | ||||||
3 | equalized assessed value of the property for the base | ||||||
4 | year, prior to exemptions, minus: | ||||||
5 | (1) if the general assessment year for the | ||||||
6 | property was 2003, the lesser of (i) $4,500 or (ii) | ||||||
7 | the amount equal to the increase in equalized | ||||||
8 | assessed value for the 2002 tax year above the | ||||||
9 | equalized assessed value for 1977; | ||||||
10 | (2) if the general assessment year for the | ||||||
11 | property was 2004, the lesser of (i) $4,500 or (ii) | ||||||
12 | the amount equal to the increase in equalized | ||||||
13 | assessed value for the 2003 tax year above the | ||||||
14 | equalized assessed value for 1977; | ||||||
15 | (3) if the general assessment year for the | ||||||
16 | property was 2005, the lesser of (i) $5,000 or (ii) | ||||||
17 | the amount equal to the increase in equalized | ||||||
18 | assessed value for the 2004 tax year above the | ||||||
19 | equalized assessed value for 1977.
| ||||||
20 | (B) If the property is sold or ownership is | ||||||
21 | otherwise transferred, other than sales or transfers | ||||||
22 | between spouses or between a parent and a child, "base | ||||||
23 | homestead value" means the equalized assessed value of | ||||||
24 | the property at the time of the sale or transfer prior | ||||||
25 | to exemptions, minus: (i) $4,500 in Cook County or | ||||||
26 | $3,500 in all other counties in tax year 2003; (ii) |
| |||||||
| |||||||
1 | $5,000 in all counties in tax years 2004 and 2005; and | ||||||
2 | (iii) the lesser of the amount of the general homestead | ||||||
3 | exemption under Section 15-175 or an amount equal to | ||||||
4 | the increase in the equalized assessed value for the | ||||||
5 | current tax year above the equalized assessed value for | ||||||
6 | 1977 in tax year 2006 and thereafter, provided that it | ||||||
7 | was assessed as residential property qualified for any | ||||||
8 | of the homestead exemptions
under Sections 15-170 | ||||||
9 | through 15-175 of this Code, then in force, and
further | ||||||
10 | provided that the property's assessment was not based | ||||||
11 | on a reduced
assessed value resulting from a temporary | ||||||
12 | irregularity in the property.
| ||||||
13 | (3.5) "Base year" means (i) tax year 2002 in Cook | ||||||
14 | County or (ii) tax year 2005 or 2006 in all other counties | ||||||
15 | in accordance with the designation made by the county as | ||||||
16 | provided in subsection (k).
| ||||||
17 | (4) "Current tax year" means the tax year for which the | ||||||
18 | exemption under
this Section is being applied.
| ||||||
19 | (5) "Equalized assessed value" means the property's | ||||||
20 | assessed value as
equalized by the Department.
| ||||||
21 | (6) "Homestead" or "homestead property" has the same | ||||||
22 | meaning as provided in Section 1-72 of this Act. | ||||||
23 | Residential units in an apartment building owned and | ||||||
24 | operated as a cooperative, or as a life care facility, | ||||||
25 | which are occupied by persons who hold a legal or equitable | ||||||
26 | interest in the cooperative apartment building or life care |
| |||||||
| |||||||
1 | facility as owners or lessees, and who are liable by | ||||||
2 | contract for the payment of property taxes, shall be | ||||||
3 | included within this definition of homestead property. | ||||||
4 | means:
| ||||||
5 | (A) Residential property that as of January 1 of | ||||||
6 | the tax year is
occupied by its owner or owners as his, | ||||||
7 | her, or their principal dwelling
place, or that is a | ||||||
8 | leasehold interest on which a single family residence | ||||||
9 | is
situated, that is occupied as a residence by a | ||||||
10 | person who has a legal or
equitable interest therein | ||||||
11 | evidenced by a written instrument, as an owner
or as a | ||||||
12 | lessee, and on which the person is liable for the | ||||||
13 | payment of
property taxes. Residential units in an | ||||||
14 | apartment building owned and
operated as a | ||||||
15 | cooperative, or as a life care facility, which are | ||||||
16 | occupied by
persons who hold a legal or equitable | ||||||
17 | interest in the cooperative apartment
building or life | ||||||
18 | care facility as owners or lessees, and who are liable | ||||||
19 | by
contract for the payment of property taxes, shall be | ||||||
20 | included within this
definition of homestead property.
| ||||||
21 | (B) A homestead includes the dwelling place, | ||||||
22 | appurtenant
structures, and so much of the surrounding | ||||||
23 | land constituting the parcel on
which the dwelling | ||||||
24 | place is situated as is used for residential purposes. | ||||||
25 | If
the assessor has established a specific legal | ||||||
26 | description for a portion of
property constituting the |
| |||||||
| |||||||
1 | homestead, then the homestead shall be limited to
the | ||||||
2 | property within that description.
| ||||||
3 | (7) "Life care facility" means a facility as defined in | ||||||
4 | Section 2 of the
Life
Care Facilities Act.
| ||||||
5 | (c) If the homestead property did not have a residential | ||||||
6 | equalized assessed value for
the base year as provided in | ||||||
7 | subdivision (b)(3)(A) of this Section, then the assessor
shall | ||||||
8 | first determine an initial value for the property by comparison | ||||||
9 | with
assessed values for the base year of other properties | ||||||
10 | having physical and
economic characteristics similar to those | ||||||
11 | of the subject property, so that the
initial value is uniform | ||||||
12 | in relation to assessed values of those other
properties for | ||||||
13 | the base year. The product of the initial value multiplied by
| ||||||
14 | the equalized factor for the base year for homestead properties | ||||||
15 | in that county, less: (i) $4,500 in Cook County or $3,500 in | ||||||
16 | all other counties in tax years 2003; (ii) $5,000 in all | ||||||
17 | counties in tax year 2004 and 2005; and (iii) the lesser of the | ||||||
18 | amount of the general homestead exemption under Section 15-175 | ||||||
19 | or an amount equal to the increase in the equalized assessed | ||||||
20 | value for the current tax year above the equalized assessed | ||||||
21 | value for 1977 in tax year 2006 and thereafter, is the base | ||||||
22 | homestead value.
| ||||||
23 | For any tax year for which the assessor determines or | ||||||
24 | adjusts an initial
value and
hence a base homestead value under | ||||||
25 | this subsection (c), the initial value shall
be subject
to | ||||||
26 | review by the same procedures applicable to assessed values |
| |||||||
| |||||||
1 | established
under this
Code for that tax year.
| ||||||
2 | (d) The base homestead value shall remain constant, except | ||||||
3 | that the assessor
may
revise it under the following | ||||||
4 | circumstances:
| ||||||
5 | (1) If the equalized assessed value of a homestead | ||||||
6 | property for the current
tax year is less than the previous | ||||||
7 | base homestead value for that property, then the
current | ||||||
8 | equalized assessed value (provided it is not based on a | ||||||
9 | reduced assessed
value resulting from a temporary | ||||||
10 | irregularity in the property) shall become the
base | ||||||
11 | homestead value in subsequent tax years.
| ||||||
12 | (2) For any year in which new buildings, structures, or | ||||||
13 | other
improvements are constructed on the homestead | ||||||
14 | property that would increase its
assessed value, the | ||||||
15 | assessor shall adjust the base homestead value as provided | ||||||
16 | in
subsection (c) of this Section with due regard to the | ||||||
17 | value added by the new
improvements. | ||||||
18 | (3) If the property is sold or ownership is otherwise | ||||||
19 | transferred, the base homestead value of the property shall | ||||||
20 | be adjusted as provided in subdivision (b)(3)(B). This item | ||||||
21 | (3) does not apply to sales or transfers between spouses or | ||||||
22 | between a parent and a child.
| ||||||
23 | (4) the recalculation required in Cook County under | ||||||
24 | subdivision (b)(3)(A-5).
| ||||||
25 | (e) The amount of the exemption under this Section is the | ||||||
26 | equalized assessed
value of the homestead property for the |
| |||||||
| |||||||
1 | current tax year, minus the adjusted homestead
value, with the | ||||||
2 | following exceptions: | ||||||
3 | (1) In Cook County, the exemption under this Section | ||||||
4 | shall not exceed $20,000 for any taxable year through tax | ||||||
5 | year: | ||||||
6 | (i) 2005, if the general assessment year for the
| ||||||
7 | property is 2003; | ||||||
8 | (ii) 2006, if the general assessment year for the
| ||||||
9 | property is 2004; or | ||||||
10 | (iii) 2007, if the general assessment year for the
| ||||||
11 | property is 2005. | ||||||
12 | (1.1) Thereafter, in Cook County, and in all other | ||||||
13 | counties, the exemption is as follows: | ||||||
14 | (i) if the general assessment year for the property | ||||||
15 | is 2006, then the exemption may not exceed: $33,000 for | ||||||
16 | taxable year 2006; $26,000 for taxable year 2007; and | ||||||
17 | $20,000 for taxable year 2008; | ||||||
18 | (ii) if the general assessment year for the | ||||||
19 | property is 2007, then the exemption may not exceed: | ||||||
20 | $33,000 for taxable year 2007; $26,000 for taxable year | ||||||
21 | 2008; and $20,000 for taxable year 2009; and | ||||||
22 | (iii) if the general assessment year for the | ||||||
23 | property is 2008, then the exemption may not exceed: | ||||||
24 | $33,000 for taxable year 2008; $26,000 for taxable year | ||||||
25 | 2009; and $20,000 for taxable year 2010. | ||||||
26 | (1.5) In Cook County, for the 2006 taxable year only, the |
| |||||||
| |||||||
1 | maximum amount of the exemption set forth under subsection | ||||||
2 | (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if | ||||||
3 | the equalized assessed value of the property in that taxable | ||||||
4 | year exceeds the equalized assessed value of that property in | ||||||
5 | 2002 by 100% or more; or (ii) by $2,000 if the equalized | ||||||
6 | assessed value of the property in that taxable year exceeds the | ||||||
7 | equalized assessed value of that property in 2002 by more than | ||||||
8 | 80% but less than 100%.
| ||||||
9 | (2) In the case of homestead property that also | ||||||
10 | qualifies for
the exemption under Section 15-172, the | ||||||
11 | property is entitled to the exemption under
this Section, | ||||||
12 | limited to the amount of (i) $4,500 in Cook County or | ||||||
13 | $3,500 in all other counties in tax year 2003, (ii) $5,000 | ||||||
14 | in all counties in tax years 2004 and 2005, or (iii) the | ||||||
15 | lesser of the amount of the general homestead exemption | ||||||
16 | under Section 15-175 or an amount equal to the increase in | ||||||
17 | the equalized assessed value for the current tax year above | ||||||
18 | the equalized assessed value for 1977 in tax year 2006 and | ||||||
19 | thereafter.
| ||||||
20 | (f) In the case of an apartment building owned and operated | ||||||
21 | as a cooperative, or
as a life care facility, that contains | ||||||
22 | residential units that qualify as homestead property
under this | ||||||
23 | Section, the maximum cumulative exemption amount attributed to | ||||||
24 | the entire
building or facility shall not exceed the sum of the | ||||||
25 | exemptions calculated for each
qualified residential unit. The | ||||||
26 | cooperative association, management firm, or other person
or |
| |||||||
| |||||||
1 | entity that manages or controls the cooperative apartment | ||||||
2 | building or life care facility
shall credit the exemption | ||||||
3 | attributable to each residential unit only to the apportioned | ||||||
4 | tax
liability of the owner or other person responsible for | ||||||
5 | payment of taxes as to that unit.
Any person who willfully | ||||||
6 | refuses to so credit the exemption is guilty of a Class B
| ||||||
7 | misdemeanor.
| ||||||
8 | (g) When married persons maintain and reside in separate | ||||||
9 | residences qualifying as homestead property , the exemption | ||||||
10 | provided
under this Section shall be claimed by only one such | ||||||
11 | person and for only one residence.
| ||||||
12 | (h) In the event of a sale or other transfer in ownership | ||||||
13 | of the homestead property, the exemption under this
Section | ||||||
14 | shall remain in effect for the remainder of the tax year and be | ||||||
15 | calculated using the same base homestead value in which the | ||||||
16 | sale or transfer occurs, but (other than for sales or transfers | ||||||
17 | between spouses or between a parent and a child) shall be | ||||||
18 | calculated for any subsequent tax year using the new base | ||||||
19 | homestead value as provided in subdivision (b)(3)(B).
The | ||||||
20 | assessor may require the new owner of the property to apply for | ||||||
21 | the exemption in the
following year.
| ||||||
22 | (i) The assessor may determine whether property qualifies | ||||||
23 | as a homestead under
this Section by application, visual | ||||||
24 | inspection, questionnaire, or other
reasonable methods.
Each | ||||||
25 | year, at the time the assessment books are certified to the | ||||||
26 | county clerk
by the board
of review, the assessor shall furnish |
| |||||||
| |||||||
1 | to the county clerk a list of the
properties qualified
for the | ||||||
2 | homestead exemption under this Section. The list shall note the | ||||||
3 | base
homestead
value of each property to be used in the | ||||||
4 | calculation of the exemption for the
current tax
year.
| ||||||
5 | (j) In counties with 3,000,000 or more inhabitants, the | ||||||
6 | provisions of this Section apply as follows:
| ||||||
7 | (1) If the general assessment year for the property is | ||||||
8 | 2003, this Section
applies for assessment years 2003, 2004, | ||||||
9 | 2005, 2006, 2007, and 2008.
Thereafter, the provisions of | ||||||
10 | Section 15-175 apply.
| ||||||
11 | (2) If the general assessment year for the property is | ||||||
12 | 2004, this Section
applies for assessment years 2004, 2005, | ||||||
13 | 2006, 2007, 2008, and 2009.
Thereafter, the provisions of | ||||||
14 | Section 15-175 apply.
| ||||||
15 | (3) If the general assessment year for the property is | ||||||
16 | 2005, this Section
applies for assessment years 2005, 2006, | ||||||
17 | 2007, 2008, 2009, and 2010.
Thereafter, the provisions of | ||||||
18 | Section 15-175 apply. | ||||||
19 | In counties with less than 3,000,000 inhabitants, this | ||||||
20 | Section applies for assessment years (i) 2006, 2007, and 2008, | ||||||
21 | and 2009 if tax year 2005 is the designated base year or (ii) | ||||||
22 | 2007, 2008, 2009, and 2010 if tax year 2006 is the designated | ||||||
23 | base year. Thereafter, the provisions of Section 15-175 apply.
| ||||||
24 | (k) To be subject to the provisions of this Section in lieu | ||||||
25 | of Section 15-175, a county must adopt an ordinance to subject | ||||||
26 | itself to the provisions of this Section within 6 months after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly. In a county other than Cook County, the ordinance | ||||||
3 | must designate either tax year 2005
or tax year 2006
as the | ||||||
4 | base year.
| ||||||
5 | (l) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
6 | Act, no
reimbursement
by the State is required for the | ||||||
7 | implementation of any mandate created by this
Section.
| ||||||
8 | (Source: P.A. 95-644, eff. 10-12-07.)
| ||||||
9 | (35 ILCS 200/15-177) | ||||||
10 | Sec. 15-177. The long-time occupant homestead exemption. | ||||||
11 | (a) If the county has elected, under Section 15-176, to be | ||||||
12 | subject to the provisions of the alternative general homestead | ||||||
13 | exemption, then, for taxable years 2007 and thereafter, | ||||||
14 | regardless of whether the exemption under Section 15-176 | ||||||
15 | applies, qualified homestead property is
entitled to
an annual | ||||||
16 | homestead exemption equal to a reduction in the property's | ||||||
17 | equalized
assessed
value calculated as provided in this | ||||||
18 | Section. | ||||||
19 | (b) As used in this Section: | ||||||
20 | "Adjusted homestead value" means the lesser of
the | ||||||
21 | following values: | ||||||
22 | (1) The property's base homestead value increased
by: | ||||||
23 | (i) 10% for each taxable year after the base year through | ||||||
24 | and including the current tax year for qualified taxpayers | ||||||
25 | with a household income of more than $75,000 but not |
| |||||||
| |||||||
1 | exceeding $100,000; or (ii) 7% for each taxable year after | ||||||
2 | the base year through and including the current tax year | ||||||
3 | for qualified taxpayers with a household income of $75,000 | ||||||
4 | or less. The increase each year is an increase over the | ||||||
5 | prior year; or | ||||||
6 | (2) The property's equalized assessed value for
the | ||||||
7 | current tax year minus the general homestead deduction. | ||||||
8 | "Base homestead value" means: | ||||||
9 | (1) if the property did not have an adjusted homestead | ||||||
10 | value under Section 15-176 for the base year, then an | ||||||
11 | amount equal to the equalized assessed value of the | ||||||
12 | property for the base year prior to exemptions, minus the | ||||||
13 | general homestead deduction, provided that the property's | ||||||
14 | assessment was not based on a reduced assessed value | ||||||
15 | resulting from a temporary irregularity in the property for | ||||||
16 | that year; or | ||||||
17 | (2) if the property had an adjusted homestead value | ||||||
18 | under Section 15-176 for the base year, then an amount | ||||||
19 | equal to the adjusted homestead value of the property under | ||||||
20 | Section 15-176 for the base year. | ||||||
21 | "Base year" means the taxable year prior to the taxable | ||||||
22 | year in which the taxpayer first qualifies for the exemption | ||||||
23 | under this Section. | ||||||
24 | "Current taxable year" means the taxable year for which
the | ||||||
25 | exemption under this Section is being applied. | ||||||
26 | "Equalized assessed value" means the property's
assessed |
| |||||||
| |||||||
1 | value as equalized by the Department. | ||||||
2 | "Homestead" or "homestead property" has the same meaning as | ||||||
3 | provided in Section 1-72 of this Act means residential property | ||||||
4 | that as of January 1 of
the tax year is occupied by a qualified | ||||||
5 | taxpayer as his or her principal dwelling place, or that is a | ||||||
6 | leasehold interest on which a single family residence is | ||||||
7 | situated, that is occupied as a residence by a qualified | ||||||
8 | taxpayer who has a legal or equitable interest therein | ||||||
9 | evidenced by a written instrument, as an owner or as a lessee, | ||||||
10 | and on which the person is liable for the payment of property | ||||||
11 | taxes . Residential units in an apartment building owned and | ||||||
12 | operated as a cooperative, or as a life care facility, which | ||||||
13 | are occupied by persons who hold a legal or equitable interest | ||||||
14 | in the cooperative apartment building or life care facility as | ||||||
15 | owners or lessees, and who are liable by contract for the | ||||||
16 | payment of property taxes, are included within this definition | ||||||
17 | of homestead property. A homestead includes the dwelling place,
| ||||||
18 | appurtenant structures, and so much of the surrounding land | ||||||
19 | constituting the parcel on which the dwelling place is situated | ||||||
20 | as is used for residential purposes. If the assessor has | ||||||
21 | established a specific legal description for a portion of | ||||||
22 | property constituting the homestead, then the homestead is | ||||||
23 | limited to the property within that description. | ||||||
24 | "Household income" has the meaning set forth under Section | ||||||
25 | 15-172 of this Code.
| ||||||
26 | "General homestead deduction" means the amount of the |
| |||||||
| |||||||
1 | general homestead exemption under Section 15-175.
| ||||||
2 | "Life care facility" means a facility defined
in Section 2 | ||||||
3 | of the Life Care Facilities Act. | ||||||
4 | "Qualified homestead property" means homestead property | ||||||
5 | owned by a qualified taxpayer.
| ||||||
6 | "Qualified taxpayer" means any individual: | ||||||
7 | (1) who, for at least 10 continuous years as of January | ||||||
8 | 1 of the taxable year, has occupied the same homestead | ||||||
9 | property as a principal residence and domicile or who, for | ||||||
10 | at least 5 continuous years as of January 1 of the taxable | ||||||
11 | year, has occupied the same homestead property as a | ||||||
12 | principal residence and domicile if that person received | ||||||
13 | assistance in the acquisition of the property as part of a | ||||||
14 | government or nonprofit housing program; and | ||||||
15 | (2) who has a household income of $100,000 or less.
| ||||||
16 | (c) The base homestead value must remain constant, except | ||||||
17 | that the assessor may revise it under any of the following | ||||||
18 | circumstances: | ||||||
19 | (1) If the equalized assessed value of a homestead
| ||||||
20 | property for the current tax year is less than the previous | ||||||
21 | base homestead value for that property, then the current | ||||||
22 | equalized assessed value (provided it is not based on a | ||||||
23 | reduced assessed value resulting from a temporary | ||||||
24 | irregularity in the property) becomes the base homestead | ||||||
25 | value in subsequent tax years. | ||||||
26 | (2) For any year in which new buildings, structures,
or |
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1 | other improvements are constructed on the homestead | ||||||
2 | property that would increase its assessed value, the | ||||||
3 | assessor shall adjust the base homestead value with due | ||||||
4 | regard to the value added by the new improvements. | ||||||
5 | (d) The amount of the exemption under this Section is the | ||||||
6 | greater of: (i) the equalized assessed value of the homestead | ||||||
7 | property for the current tax year minus the adjusted homestead | ||||||
8 | value; or (ii) the general homestead deduction. | ||||||
9 | (e) In the case of an apartment building owned and operated | ||||||
10 | as a cooperative, or as a life care facility, that contains | ||||||
11 | residential units that qualify as homestead property of a | ||||||
12 | qualified taxpayer under this Section, the maximum cumulative | ||||||
13 | exemption amount attributed to the entire building or facility | ||||||
14 | shall not exceed the sum of the exemptions calculated for each | ||||||
15 | unit that is a qualified homestead property. The cooperative | ||||||
16 | association, management firm, or other person or entity that | ||||||
17 | manages or controls the cooperative apartment building or life | ||||||
18 | care facility shall credit the exemption attributable to each | ||||||
19 | residential unit only to the apportioned tax liability of the | ||||||
20 | qualified taxpayer as to that unit. Any person who willfully | ||||||
21 | refuses to so credit the exemption is guilty of a Class B | ||||||
22 | misdemeanor. | ||||||
23 | (f) When married persons maintain separate residences, the | ||||||
24 | exemption provided under this Section may be claimed by only | ||||||
25 | one such person and for only one residence. No person who | ||||||
26 | receives an exemption under Section 15-172 of this Code may |
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1 | receive an exemption under this Section. No person who receives | ||||||
2 | an exemption under this Section may receive an exemption under | ||||||
3 | Section 15-175 or 15-176 of this Code. | ||||||
4 | (g) In the event of a sale or other transfer in ownership | ||||||
5 | of the homestead property between spouses or between a parent | ||||||
6 | and a child, the exemption under this Section remains in effect | ||||||
7 | if the new owner has a household income of $100,000 or less. | ||||||
8 | (h) In the event of a sale or other transfer in ownership | ||||||
9 | of the homestead property other than subsection (g) of this | ||||||
10 | Section, the exemption under this Section shall remain in | ||||||
11 | effect for the remainder of the tax year and be calculated | ||||||
12 | using the same base homestead value in which the sale or | ||||||
13 | transfer occurs.
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14 | (i) To receive the exemption, a person must submit an | ||||||
15 | application to the county assessor during the period specified | ||||||
16 | by the county assessor. | ||||||
17 | The county assessor shall annually give notice of the | ||||||
18 | application period by mail or by publication. | ||||||
19 | The taxpayer must submit, with the application, an | ||||||
20 | affidavit of the taxpayer's total household income, marital | ||||||
21 | status (and if married the name and address of the applicant's | ||||||
22 | spouse, if known), and principal dwelling place of members of | ||||||
23 | the household on January 1 of the taxable year. The Department | ||||||
24 | shall establish, by rule, a method for verifying the accuracy | ||||||
25 | of affidavits filed by applicants under this Section, and the | ||||||
26 | Chief County Assessment Officer may conduct audits of any |
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1 | taxpayer claiming an exemption under this Section to verify | ||||||
2 | that the taxpayer is eligible to receive the exemption. Each | ||||||
3 | application shall contain or be verified by a written | ||||||
4 | declaration that it is made under the penalties of perjury. A | ||||||
5 | taxpayer's signing a fraudulent application under this Act is | ||||||
6 | perjury, as defined in Section 32-2 of the Criminal Code of | ||||||
7 | 1961. The applications shall be clearly marked as applications | ||||||
8 | for the Long-time Occupant Homestead Exemption and must contain | ||||||
9 | a notice that any taxpayer who receives the exemption is | ||||||
10 | subject to an audit by the Chief County Assessment Officer. | ||||||
11 | (j) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
12 | Act, no reimbursement by the State is required for the | ||||||
13 | implementation of any mandate created by this Section.
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14 | (Source: P.A. 95-644, eff. 10-12-07.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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