Bill Text: IL HB2966 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Provides that, for taxable years 2021 and thereafter, the maximum reduction under the senior citizens homestead exemption is $8,000 in all counties (currently, $8,000 in counties with 3,000,000 or more inhabitants and $5,000 in all other counties). Provides that the maximum income limitation for the senior citizens assessment freeze homestead exemption is $75,000 (currently, $65,000). Effective immediately.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-12-29 - Added Co-Sponsor Rep. Amy Grant [HB2966 Detail]
Download: Illinois-2021-HB2966-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 15-170 and 15-172 as follows:
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6 | (35 ILCS 200/15-170) | ||||||||||||||||||||||||||
7 | Sec. 15-170. Senior citizens homestead exemption. | ||||||||||||||||||||||||||
8 | (a) An annual homestead
exemption limited, except as | ||||||||||||||||||||||||||
9 | described here with relation to cooperatives or
life care | ||||||||||||||||||||||||||
10 | facilities, to a
maximum reduction set forth below from the | ||||||||||||||||||||||||||
11 | property's value, as equalized or
assessed by the Department, | ||||||||||||||||||||||||||
12 | is granted for property that is occupied as a
residence by a | ||||||||||||||||||||||||||
13 | person 65 years of age or older who is liable for paying real
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14 | estate taxes on the property and is an owner of record of the | ||||||||||||||||||||||||||
15 | property or has a
legal or equitable interest therein as | ||||||||||||||||||||||||||
16 | evidenced by a written instrument,
except for a leasehold | ||||||||||||||||||||||||||
17 | interest, other than a leasehold interest of land on
which a | ||||||||||||||||||||||||||
18 | single family residence is located, which is occupied as a | ||||||||||||||||||||||||||
19 | residence by
a person 65 years or older who has an ownership | ||||||||||||||||||||||||||
20 | interest therein, legal,
equitable or as a lessee, and on | ||||||||||||||||||||||||||
21 | which he or she is liable for the payment
of property taxes. | ||||||||||||||||||||||||||
22 | Before taxable year 2004, the maximum reduction shall be | ||||||||||||||||||||||||||
23 | $2,500 in counties with
3,000,000 or more inhabitants and |
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1 | $2,000 in all other counties. For taxable years 2004 through | ||||||
2 | 2005, the maximum reduction shall be $3,000 in all counties. | ||||||
3 | For taxable years 2006 and 2007, the maximum reduction shall | ||||||
4 | be $3,500. For taxable years 2008 through 2011, the maximum | ||||||
5 | reduction is $4,000 in all counties.
For taxable year 2012, | ||||||
6 | the maximum reduction is $5,000 in counties with
3,000,000 or | ||||||
7 | more inhabitants and $4,000 in all other counties. For taxable | ||||||
8 | years 2013 through 2016, the maximum reduction is $5,000 in | ||||||
9 | all counties. For taxable years 2017 through 2020 and | ||||||
10 | thereafter , the maximum reduction is $8,000 in counties with | ||||||
11 | 3,000,000 or more inhabitants and $5,000 in all other | ||||||
12 | counties. For taxable years 2021 and thereafter, the maximum | ||||||
13 | reduction is $8,000 in all counties. | ||||||
14 | (b) For land
improved with an apartment building owned and | ||||||
15 | operated as a cooperative, the maximum reduction from the | ||||||
16 | value of the property, as
equalized
by the Department, shall | ||||||
17 | be multiplied by the number of apartments or units
occupied by | ||||||
18 | a person 65 years of age or older who is liable, by contract | ||||||
19 | with
the owner or owners of record, for paying property taxes | ||||||
20 | on the property and
is an owner of record of a legal or | ||||||
21 | equitable interest in the cooperative
apartment building, | ||||||
22 | other than a leasehold interest. For land improved with
a life | ||||||
23 | care facility, the maximum reduction from the value of the | ||||||
24 | property, as
equalized by the Department, shall be multiplied | ||||||
25 | by the number of apartments or
units occupied by persons 65 | ||||||
26 | years of age or older, irrespective of any legal,
equitable, |
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1 | or leasehold interest in the facility, who are liable, under a
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2 | contract with the owner or owners of record of the facility, | ||||||
3 | for paying
property taxes on the property. In a
cooperative or | ||||||
4 | a life care facility where a
homestead exemption has been | ||||||
5 | granted, the cooperative association or the
management firm of | ||||||
6 | the cooperative or facility shall credit the savings
resulting | ||||||
7 | from that exemption only to
the apportioned tax liability of | ||||||
8 | the owner or resident who qualified for
the exemption.
Any | ||||||
9 | person who willfully refuses to so credit the savings shall be | ||||||
10 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
11 | Sections 15-175, 15-176, and 15-177, "life care
facility" | ||||||
12 | means a facility, as defined in Section 2 of the Life Care | ||||||
13 | Facilities
Act, with which the applicant for the homestead | ||||||
14 | exemption has a life care
contract as defined in that Act. | ||||||
15 | (c) When a homestead exemption has been granted under this | ||||||
16 | Section and the person
qualifying subsequently becomes a | ||||||
17 | resident of a facility licensed under the Assisted Living and | ||||||
18 | Shared Housing Act, the Nursing Home Care Act, the Specialized | ||||||
19 | Mental Health Rehabilitation Act of 2013, the ID/DD Community | ||||||
20 | Care Act, or the MC/DD Act, the exemption shall continue so | ||||||
21 | long as the residence
continues to be occupied by the | ||||||
22 | qualifying person's spouse if the spouse is 65
years of age or | ||||||
23 | older, or if the residence remains unoccupied but is still
| ||||||
24 | owned by the person qualified for the homestead exemption. | ||||||
25 | (d) A person who will be 65 years of age
during the current | ||||||
26 | assessment year
shall
be eligible to apply for the homestead |
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1 | exemption during that assessment
year.
Application shall be | ||||||
2 | made during the application period in effect for the
county of | ||||||
3 | his residence. | ||||||
4 | (e) Beginning with assessment year 2003, for taxes payable | ||||||
5 | in 2004,
property
that is first occupied as a residence after | ||||||
6 | January 1 of any assessment year by
a person who is eligible | ||||||
7 | for the senior citizens homestead exemption under this
Section | ||||||
8 | must be granted a pro-rata exemption for the assessment year. | ||||||
9 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
10 | in the county under this Section divided by 365 and multiplied | ||||||
11 | by the
number of days during the assessment year the property | ||||||
12 | is occupied as a
residence by a
person eligible for the | ||||||
13 | exemption under this Section. The chief county
assessment | ||||||
14 | officer must adopt reasonable procedures to establish | ||||||
15 | eligibility
for this pro-rata exemption. | ||||||
16 | (f) The assessor or chief county assessment officer may | ||||||
17 | determine the eligibility
of a life care facility to receive | ||||||
18 | the benefits provided by this Section, by
affidavit, | ||||||
19 | application, visual inspection, questionnaire or other | ||||||
20 | reasonable
methods in order to insure that the tax savings | ||||||
21 | resulting from the exemption
are credited by the management | ||||||
22 | firm to the apportioned tax liability of each
qualifying | ||||||
23 | resident. The assessor may request reasonable proof that the
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24 | management firm has so credited the exemption. | ||||||
25 | (g) The chief county assessment officer of each county | ||||||
26 | with less than 3,000,000
inhabitants shall provide to each |
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1 | person allowed a homestead exemption under
this Section a form | ||||||
2 | to designate any other person to receive a
duplicate of any | ||||||
3 | notice of delinquency in the payment of taxes assessed and
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4 | levied under this Code on the property of the person receiving | ||||||
5 | the exemption.
The duplicate notice shall be in addition to | ||||||
6 | the notice required to be
provided to the person receiving the | ||||||
7 | exemption, and shall be given in the
manner required by this | ||||||
8 | Code. The person filing the request for the duplicate
notice | ||||||
9 | shall pay a fee of $5 to cover administrative costs to the | ||||||
10 | supervisor of
assessments, who shall then file the executed | ||||||
11 | designation with the county
collector. Notwithstanding any | ||||||
12 | other provision of this Code to the contrary,
the filing of | ||||||
13 | such an executed designation requires the county collector to
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14 | provide duplicate notices as indicated by the designation. A | ||||||
15 | designation may
be rescinded by the person who executed such | ||||||
16 | designation at any time, in the
manner and form required by the | ||||||
17 | chief county assessment officer. | ||||||
18 | (h) The assessor or chief county assessment officer may | ||||||
19 | determine the
eligibility of residential property to receive | ||||||
20 | the homestead exemption provided
by this Section by | ||||||
21 | application, visual inspection, questionnaire or other
| ||||||
22 | reasonable methods. The determination shall be made in | ||||||
23 | accordance with
guidelines established by the Department. | ||||||
24 | (i) In counties with 3,000,000 or more inhabitants, for | ||||||
25 | taxable years 2010 through 2018, and beginning again in | ||||||
26 | taxable year 2024, each taxpayer who has been granted an |
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1 | exemption under this Section must reapply on an annual basis. | ||||||
2 | If a reapplication is required, then the chief county | ||||||
3 | assessment officer shall mail the application to the taxpayer | ||||||
4 | at least 60 days prior to the last day of the application | ||||||
5 | period for the county. | ||||||
6 | For taxable years 2019 through 2023, in counties with | ||||||
7 | 3,000,000 or more inhabitants, a taxpayer who has been granted | ||||||
8 | an exemption under this Section need not reapply. However, if | ||||||
9 | the property ceases to be qualified for the exemption under | ||||||
10 | this Section in any year for which a reapplication is not | ||||||
11 | required under this Section, then the owner of record of the | ||||||
12 | property shall notify the chief county assessment officer that | ||||||
13 | the property is no longer qualified. In addition, for taxable | ||||||
14 | years 2019 through 2023, the chief county assessment officer | ||||||
15 | of a county with 3,000,000 or more inhabitants shall enter | ||||||
16 | into an intergovernmental agreement with the county clerk of | ||||||
17 | that county and the Department of Public Health, as well as any | ||||||
18 | other appropriate governmental agency, to obtain information | ||||||
19 | that documents the death of a taxpayer who has been granted an | ||||||
20 | exemption under this Section. Notwithstanding any other | ||||||
21 | provision of law, the county clerk and the Department of | ||||||
22 | Public Health shall provide that information to the chief | ||||||
23 | county assessment officer. The Department of Public Health | ||||||
24 | shall supply this information no less frequently than every | ||||||
25 | calendar quarter. Information concerning the death of a | ||||||
26 | taxpayer may be shared with the county treasurer. The chief |
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1 | county assessment officer shall also enter into a data | ||||||
2 | exchange agreement with the Social Security Administration or | ||||||
3 | its agent to obtain access to the information regarding deaths | ||||||
4 | in possession of the Social Security Administration. The chief | ||||||
5 | county assessment officer shall, subject to the notice | ||||||
6 | requirements under subsection (m) of Section 9-275, terminate | ||||||
7 | the exemption under this Section if the information obtained | ||||||
8 | indicates that the property is no longer qualified for the | ||||||
9 | exemption. In counties with 3,000,000 or more inhabitants, the | ||||||
10 | assessor and the county recorder of deeds shall establish | ||||||
11 | policies and practices for the regular exchange of information | ||||||
12 | for the purpose of alerting the assessor whenever the transfer | ||||||
13 | of ownership of any property receiving an exemption under this | ||||||
14 | Section has occurred. When such a transfer occurs, the | ||||||
15 | assessor shall mail a notice to the new owner of the property | ||||||
16 | (i) informing the new owner that the exemption will remain in | ||||||
17 | place through the year of the transfer, after which it will be | ||||||
18 | canceled, and (ii) providing information pertaining to the | ||||||
19 | rules for reapplying for the exemption if the owner qualifies. | ||||||
20 | In counties with 3,000,000 or more inhabitants, the chief | ||||||
21 | county assessment official shall conduct audits of all | ||||||
22 | exemptions granted under this Section no later than December | ||||||
23 | 31, 2022 and no later than December 31, 2024. The audit shall | ||||||
24 | be designed to ascertain whether any senior homestead | ||||||
25 | exemptions have been granted erroneously. If it is determined | ||||||
26 | that a senior homestead exemption has been erroneously applied |
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1 | to a property, the chief county assessment officer shall make | ||||||
2 | use of the appropriate provisions of Section 9-275 in relation | ||||||
3 | to the property that received the erroneous homestead | ||||||
4 | exemption. | ||||||
5 | (j) In counties with less than 3,000,000 inhabitants, the | ||||||
6 | county board may by
resolution provide that if a person has | ||||||
7 | been granted a homestead exemption
under this Section, the | ||||||
8 | person qualifying need not reapply for the exemption. | ||||||
9 | In counties with less than 3,000,000 inhabitants, if the | ||||||
10 | assessor or chief
county assessment officer requires annual | ||||||
11 | application for verification of
eligibility for an exemption | ||||||
12 | once granted under this Section, the application
shall be | ||||||
13 | mailed to the taxpayer. | ||||||
14 | (l) The assessor or chief county assessment officer shall | ||||||
15 | notify each person
who qualifies for an exemption under this | ||||||
16 | Section that the person may also
qualify for deferral of real | ||||||
17 | estate taxes under the Senior Citizens Real Estate
Tax | ||||||
18 | Deferral Act. The notice shall set forth the qualifications | ||||||
19 | needed for
deferral of real estate taxes, the address and | ||||||
20 | telephone number of
county collector, and a
statement that | ||||||
21 | applications for deferral of real estate taxes may be obtained
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22 | from the county collector. | ||||||
23 | (m) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
24 | Act, no
reimbursement by the State is required for the | ||||||
25 | implementation of any mandate
created by this Section. | ||||||
26 | (Source: P.A. 100-401, eff. 8-25-17; 101-453, eff. 8-23-19; |
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1 | 101-622, eff. 1-14-20.)
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2 | (35 ILCS 200/15-172)
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3 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
4 | Exemption.
| ||||||
5 | (a) This Section may be cited as the Senior Citizens | ||||||
6 | Assessment
Freeze Homestead Exemption.
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7 | (b) As used in this Section:
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8 | "Applicant" means an individual who has filed an | ||||||
9 | application under this
Section.
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10 | "Base amount" means the base year equalized assessed value | ||||||
11 | of the residence
plus the first year's equalized assessed | ||||||
12 | value of any added improvements which
increased the assessed | ||||||
13 | value of the residence after the base year.
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14 | "Base year" means the taxable year prior to the taxable | ||||||
15 | year for which the
applicant first qualifies and applies for | ||||||
16 | the exemption provided that in the
prior taxable year the | ||||||
17 | property was improved with a permanent structure that
was | ||||||
18 | occupied as a residence by the applicant who was liable for | ||||||
19 | paying real
property taxes on the property and who was either | ||||||
20 | (i) an owner of record of the
property or had legal or | ||||||
21 | equitable interest in the property as evidenced by a
written | ||||||
22 | instrument or (ii) had a legal or equitable interest as a | ||||||
23 | lessee in the
parcel of property that was single family | ||||||
24 | residence.
If in any subsequent taxable year for which the | ||||||
25 | applicant applies and
qualifies for the exemption the |
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1 | equalized assessed value of the residence is
less than the | ||||||
2 | equalized assessed value in the existing base year
(provided | ||||||
3 | that such equalized assessed value is not
based
on an
assessed | ||||||
4 | value that results from a temporary irregularity in the | ||||||
5 | property that
reduces the
assessed value for one or more | ||||||
6 | taxable years), then that
subsequent taxable year shall become | ||||||
7 | the base year until a new base year is
established under the | ||||||
8 | terms of this paragraph. For taxable year 1999 only, the
Chief | ||||||
9 | County Assessment Officer shall review (i) all taxable years | ||||||
10 | for which
the
applicant applied and qualified for the | ||||||
11 | exemption and (ii) the existing base
year.
The assessment | ||||||
12 | officer shall select as the new base year the year with the
| ||||||
13 | lowest equalized assessed value.
An equalized assessed value | ||||||
14 | that is based on an assessed value that results
from a
| ||||||
15 | temporary irregularity in the property that reduces the | ||||||
16 | assessed value for one
or more
taxable years shall not be | ||||||
17 | considered the lowest equalized assessed value.
The selected | ||||||
18 | year shall be the base year for
taxable year 1999 and | ||||||
19 | thereafter until a new base year is established under the
| ||||||
20 | terms of this paragraph.
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21 | "Chief County Assessment Officer" means the County | ||||||
22 | Assessor or Supervisor of
Assessments of the county in which | ||||||
23 | the property is located.
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24 | "Equalized assessed value" means the assessed value as | ||||||
25 | equalized by the
Illinois Department of Revenue.
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26 | "Household" means the applicant, the spouse of the |
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| |||||||
1 | applicant, and all persons
using the residence of the | ||||||
2 | applicant as their principal place of residence.
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3 | "Household income" means the combined income of the | ||||||
4 | members of a household
for the calendar year preceding the | ||||||
5 | taxable year.
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6 | "Income" has the same meaning as provided in Section 3.07 | ||||||
7 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
8 | Tax Relief
Act, except that, beginning in assessment year | ||||||
9 | 2001, "income" does not
include veteran's benefits.
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10 | "Internal Revenue Code of 1986" means the United States | ||||||
11 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
12 | relating to federal income taxes in effect
for the year | ||||||
13 | preceding the taxable year.
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14 | "Life care facility that qualifies as a cooperative" means | ||||||
15 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
16 | Act.
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17 | "Maximum income limitation" means: | ||||||
18 | (1) $35,000 prior
to taxable year 1999; | ||||||
19 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
20 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
21 | (4) $50,000 in taxable years 2006 and 2007; | ||||||
22 | (5) $55,000 in taxable years 2008 through 2016;
| ||||||
23 | (6) for taxable year 2017, (i) $65,000 for qualified | ||||||
24 | property located in a county with 3,000,000 or more | ||||||
25 | inhabitants and (ii) $55,000 for qualified property | ||||||
26 | located in a county with fewer than 3,000,000 inhabitants; |
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1 | and | ||||||
2 | (7) for taxable years 2018 through 2020 and | ||||||
3 | thereafter , $65,000 for all qualified property ; and . | ||||||
4 | (8) for taxable years 2021 and thereafter, $75,000 for | ||||||
5 | all qualified property. | ||||||
6 | "Residence" means the principal dwelling place and | ||||||
7 | appurtenant structures
used for residential purposes in this | ||||||
8 | State occupied on January 1 of the
taxable year by a household | ||||||
9 | and so much of the surrounding land, constituting
the parcel | ||||||
10 | upon which the dwelling place is situated, as is used for
| ||||||
11 | residential purposes. If the Chief County Assessment Officer | ||||||
12 | has established a
specific legal description for a portion of | ||||||
13 | property constituting the
residence, then that portion of | ||||||
14 | property shall be deemed the residence for the
purposes of | ||||||
15 | this Section.
| ||||||
16 | "Taxable year" means the calendar year during which ad | ||||||
17 | valorem property taxes
payable in the next succeeding year are | ||||||
18 | levied.
| ||||||
19 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
20 | assessment freeze
homestead exemption is granted for real | ||||||
21 | property that is improved with a
permanent structure that is | ||||||
22 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
23 | age or older during the taxable year, (ii) has a household | ||||||
24 | income that does not exceed the maximum income limitation, | ||||||
25 | (iii) is liable for paying real property taxes on
the
| ||||||
26 | property, and (iv) is an owner of record of the property or has |
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| |||||||
1 | a legal or
equitable interest in the property as evidenced by a | ||||||
2 | written instrument. This
homestead exemption shall also apply | ||||||
3 | to a leasehold interest in a parcel of
property improved with a | ||||||
4 | permanent structure that is a single family residence
that is | ||||||
5 | occupied as a residence by a person who (i) is 65 years of age | ||||||
6 | or older
during the taxable year, (ii) has a household income | ||||||
7 | that does not exceed the maximum income limitation,
(iii)
has | ||||||
8 | a legal or equitable ownership interest in the property as | ||||||
9 | lessee, and (iv)
is liable for the payment of real property | ||||||
10 | taxes on that property.
| ||||||
11 | In counties of 3,000,000 or more inhabitants, the amount | ||||||
12 | of the exemption for all taxable years is the equalized | ||||||
13 | assessed value of the
residence in the taxable year for which | ||||||
14 | application is made minus the base
amount. In all other | ||||||
15 | counties, the amount of the exemption is as follows: (i) | ||||||
16 | through taxable year 2005 and for taxable year 2007 and | ||||||
17 | thereafter, the amount of this exemption shall be the | ||||||
18 | equalized assessed value of the
residence in the taxable year | ||||||
19 | for which application is made minus the base
amount; and (ii) | ||||||
20 | for
taxable year 2006, the amount of the exemption is as | ||||||
21 | follows:
| ||||||
22 | (1) For an applicant who has a household income of | ||||||
23 | $45,000 or less, the amount of the exemption is the | ||||||
24 | equalized assessed value of the
residence in the taxable | ||||||
25 | year for which application is made minus the base
amount. | ||||||
26 | (2) For an applicant who has a household income |
| |||||||
| |||||||
1 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
2 | the exemption is (i) the equalized assessed value of the
| ||||||
3 | residence in the taxable year for which application is | ||||||
4 | made minus the base
amount (ii) multiplied by 0.8. | ||||||
5 | (3) For an applicant who has a household income | ||||||
6 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
7 | the exemption is (i) the equalized assessed value of the
| ||||||
8 | residence in the taxable year for which application is | ||||||
9 | made minus the base
amount (ii) multiplied by 0.6. | ||||||
10 | (4) For an applicant who has a household income | ||||||
11 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
12 | the exemption is (i) the equalized assessed value of the
| ||||||
13 | residence in the taxable year for which application is | ||||||
14 | made minus the base
amount (ii) multiplied by 0.4. | ||||||
15 | (5) For an applicant who has a household income | ||||||
16 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
17 | the exemption is (i) the equalized assessed value of the
| ||||||
18 | residence in the taxable year for which application is | ||||||
19 | made minus the base
amount (ii) multiplied by 0.2.
| ||||||
20 | When the applicant is a surviving spouse of an applicant | ||||||
21 | for a prior year for
the same residence for which an exemption | ||||||
22 | under this Section has been granted,
the base year and base | ||||||
23 | amount for that residence are the same as for the
applicant for | ||||||
24 | the prior year.
| ||||||
25 | Each year at the time the assessment books are certified | ||||||
26 | to the County Clerk,
the Board of Review or Board of Appeals |
| |||||||
| |||||||
1 | shall give to the County Clerk a list
of the assessed values of | ||||||
2 | improvements on each parcel qualifying for this
exemption that | ||||||
3 | were added after the base year for this parcel and that
| ||||||
4 | increased the assessed value of the property.
| ||||||
5 | In the case of land improved with an apartment building | ||||||
6 | owned and operated as
a cooperative or a building that is a | ||||||
7 | life care facility that qualifies as a
cooperative, the | ||||||
8 | maximum reduction from the equalized assessed value of the
| ||||||
9 | property is limited to the sum of the reductions calculated | ||||||
10 | for each unit
occupied as a residence by a person or persons | ||||||
11 | (i) 65 years of age or older, (ii) with a
household income that | ||||||
12 | does not exceed the maximum income limitation, (iii) who is | ||||||
13 | liable, by contract with the
owner
or owners of record, for | ||||||
14 | paying real property taxes on the property, and (iv) who is
an | ||||||
15 | owner of record of a legal or equitable interest in the | ||||||
16 | cooperative
apartment building, other than a leasehold | ||||||
17 | interest. In the instance of a
cooperative where a homestead | ||||||
18 | exemption has been granted under this Section,
the cooperative | ||||||
19 | association or its management firm shall credit the savings
| ||||||
20 | resulting from that exemption only to the apportioned tax | ||||||
21 | liability of the
owner who qualified for the exemption. Any | ||||||
22 | person who willfully refuses to
credit that savings to an | ||||||
23 | owner who qualifies for the exemption is guilty of a
Class B | ||||||
24 | misdemeanor.
| ||||||
25 | When a homestead exemption has been granted under this | ||||||
26 | Section and an
applicant then becomes a resident of a facility |
| |||||||
| |||||||
1 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
2 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
3 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
4 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
5 | years so long as the
residence (i) continues to be occupied by | ||||||
6 | the qualified applicant's spouse or
(ii) if remaining | ||||||
7 | unoccupied, is still owned by the qualified applicant for the
| ||||||
8 | homestead exemption.
| ||||||
9 | Beginning January 1, 1997, when an individual dies who | ||||||
10 | would have qualified
for an exemption under this Section, and | ||||||
11 | the surviving spouse does not
independently qualify for this | ||||||
12 | exemption because of age, the exemption under
this Section | ||||||
13 | shall be granted to the surviving spouse for the taxable year
| ||||||
14 | preceding and the taxable
year of the death, provided that, | ||||||
15 | except for age, the surviving spouse meets
all
other | ||||||
16 | qualifications for the granting of this exemption for those | ||||||
17 | years.
| ||||||
18 | When married persons maintain separate residences, the | ||||||
19 | exemption provided for
in this Section may be claimed by only | ||||||
20 | one of such persons and for only one
residence.
| ||||||
21 | For taxable year 1994 only, in counties having less than | ||||||
22 | 3,000,000
inhabitants, to receive the exemption, a person | ||||||
23 | shall submit an application by
February 15, 1995 to the Chief | ||||||
24 | County Assessment Officer
of the county in which the property | ||||||
25 | is located. In counties having 3,000,000
or more inhabitants, | ||||||
26 | for taxable year 1994 and all subsequent taxable years, to
|
| |||||||
| |||||||
1 | receive the exemption, a person
may submit an application to | ||||||
2 | the Chief County
Assessment Officer of the county in which the | ||||||
3 | property is located during such
period as may be specified by | ||||||
4 | the Chief County Assessment Officer. The Chief
County | ||||||
5 | Assessment Officer in counties of 3,000,000 or more | ||||||
6 | inhabitants shall
annually give notice of the application | ||||||
7 | period by mail or by publication. In
counties having less than | ||||||
8 | 3,000,000 inhabitants, beginning with taxable year
1995 and | ||||||
9 | thereafter, to receive the exemption, a person
shall
submit an
| ||||||
10 | application by July 1 of each taxable year to the Chief County | ||||||
11 | Assessment
Officer of the county in which the property is | ||||||
12 | located. A county may, by
ordinance, establish a date for | ||||||
13 | submission of applications that is
different than
July 1.
The | ||||||
14 | applicant shall submit with the
application an affidavit of | ||||||
15 | the applicant's total household income, age,
marital status | ||||||
16 | (and if married the name and address of the applicant's | ||||||
17 | spouse,
if known), and principal dwelling place of members of | ||||||
18 | the household on January
1 of the taxable year. The Department | ||||||
19 | shall establish, by rule, a method for
verifying the accuracy | ||||||
20 | of affidavits filed by applicants under this Section, and the | ||||||
21 | Chief County Assessment Officer may conduct audits of any | ||||||
22 | taxpayer claiming an exemption under this Section to verify | ||||||
23 | that the taxpayer is eligible to receive the exemption. Each | ||||||
24 | application shall contain or be verified by a written | ||||||
25 | declaration that it is made under the penalties of perjury. A | ||||||
26 | taxpayer's signing a fraudulent application under this Act is |
| |||||||
| |||||||
1 | perjury, as defined in Section 32-2 of the Criminal Code of | ||||||
2 | 2012.
The applications shall be clearly marked as applications | ||||||
3 | for the Senior
Citizens Assessment Freeze Homestead Exemption | ||||||
4 | and must contain a notice that any taxpayer who receives the | ||||||
5 | exemption is subject to an audit by the Chief County | ||||||
6 | Assessment Officer.
| ||||||
7 | Notwithstanding any other provision to the contrary, in | ||||||
8 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
9 | applicant fails
to file the application required by this | ||||||
10 | Section in a timely manner and this
failure to file is due to a | ||||||
11 | mental or physical condition sufficiently severe so
as to | ||||||
12 | render the applicant incapable of filing the application in a | ||||||
13 | timely
manner, the Chief County Assessment Officer may extend | ||||||
14 | the filing deadline for
a period of 30 days after the applicant | ||||||
15 | regains the capability to file the
application, but in no case | ||||||
16 | may the filing deadline be extended beyond 3
months of the | ||||||
17 | original filing deadline. In order to receive the extension
| ||||||
18 | provided in this paragraph, the applicant shall provide the | ||||||
19 | Chief County
Assessment Officer with a signed statement from | ||||||
20 | the applicant's physician, advanced practice registered nurse, | ||||||
21 | or physician assistant
stating the nature and extent of the | ||||||
22 | condition, that, in the
physician's, advanced practice | ||||||
23 | registered nurse's, or physician assistant's opinion, the | ||||||
24 | condition was so severe that it rendered the applicant
| ||||||
25 | incapable of filing the application in a timely manner, and | ||||||
26 | the date on which
the applicant regained the capability to |
| |||||||
| |||||||
1 | file the application.
| ||||||
2 | Beginning January 1, 1998, notwithstanding any other | ||||||
3 | provision to the
contrary, in counties having fewer than | ||||||
4 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
5 | application required by this Section in a timely manner and
| ||||||
6 | this failure to file is due to a mental or physical condition | ||||||
7 | sufficiently
severe so as to render the applicant incapable of | ||||||
8 | filing the application in a
timely manner, the Chief County | ||||||
9 | Assessment Officer may extend the filing
deadline for a period | ||||||
10 | of 3 months. In order to receive the extension provided
in this | ||||||
11 | paragraph, the applicant shall provide the Chief County | ||||||
12 | Assessment
Officer with a signed statement from the | ||||||
13 | applicant's physician, advanced practice registered nurse, or | ||||||
14 | physician assistant stating the
nature and extent of the | ||||||
15 | condition, and that, in the physician's, advanced practice | ||||||
16 | registered nurse's, or physician assistant's opinion, the
| ||||||
17 | condition was so severe that it rendered the applicant | ||||||
18 | incapable of filing the
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 | ||||||
15 | by 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 | ||||||
19 | each qualifying resident. The Chief
County Assessment Officer | ||||||
20 | may 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 |
| |||||||
| |||||||
1 | or
pursuant to official procedures for collection of any State | ||||||
2 | or 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 | Notwithstanding any other provision of law, for taxable | ||||||
15 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
16 | inhabitants, the amount of the exemption shall be the greater | ||||||
17 | of (i) the amount of the exemption otherwise calculated under | ||||||
18 | this Section or (ii) $2,000.
| ||||||
19 | (c-5) Notwithstanding any other provision of law, each | ||||||
20 | chief county assessment officer may approve this exemption for | ||||||
21 | the 2020 taxable year, without application, for any property | ||||||
22 | that was approved for this exemption for the 2019 taxable | ||||||
23 | year, provided that: | ||||||
24 | (1) the county board has declared a local disaster as | ||||||
25 | provided in the Illinois Emergency Management Agency Act | ||||||
26 | related to the COVID-19 public health emergency; |
| |||||||
| |||||||
1 | (2) the owner of record of the property as of January | ||||||
2 | 1, 2020 is the same as the owner of record of the property | ||||||
3 | as of January 1, 2019; | ||||||
4 | (3) the exemption for the 2019 taxable year has not | ||||||
5 | been determined to be an erroneous exemption as defined by | ||||||
6 | this Code; and | ||||||
7 | (4) the applicant for the 2019 taxable year has not | ||||||
8 | asked for the exemption to be removed for the 2019 or 2020 | ||||||
9 | taxable years. | ||||||
10 | Nothing in this subsection shall preclude or impair the | ||||||
11 | authority of a chief county assessment officer to conduct | ||||||
12 | audits of any taxpayer claiming an exemption under this | ||||||
13 | Section to verify that the taxpayer is eligible to receive the | ||||||
14 | exemption as provided elsewhere in this Section. | ||||||
15 | (d) Each Chief County Assessment Officer shall annually | ||||||
16 | publish a notice
of availability of the exemption provided | ||||||
17 | under this Section. The notice
shall be published at least 60 | ||||||
18 | days but no more than 75 days prior to the date
on which the | ||||||
19 | application must be submitted to the Chief County Assessment
| ||||||
20 | Officer of the county in which the property is located. The | ||||||
21 | notice shall
appear in a newspaper of general circulation in | ||||||
22 | the county.
| ||||||
23 | Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
24 | Act, no reimbursement by the State is required for the | ||||||
25 | implementation of any mandate created by this Section.
| ||||||
26 | (Source: P.A. 100-401, eff. 8-25-17; 100-513, eff. 1-1-18; |
| |||||||
| |||||||
1 | 100-863, eff. 8-14-18; 101-635, eff. 6-5-20.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|