Bill Text: IL HB3253 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Provides that, on and after July 1, 2026, any bill to amend an existing homestead exemption or to create a new homestead exemption shall include the submission of an impact statement prepared by the sponsor of the bill. Provides that the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be $85,000 for taxable year 2025 and shall be subject to a cost-of-living adjustment in subsequent years. Provides that, for any tax certificates held by a county, the county clerk may create and administer a payment plan during the redemption period. Amends the Senior Citizens Real Estate Tax Deferral Act. Makes changes concerning the maximum household income. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-06 - Filed with the Clerk by Rep. Mary Beth Canty [HB3253 Detail]
Download: Illinois-2025-HB3253-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, | |||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 15-172 and 21-385 and by adding Section 15-163 as | |||||||||||||||||||||||||||
6 | follows:
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7 | (35 ILCS 200/15-163 new) | |||||||||||||||||||||||||||
8 | Sec. 15-163. Homestead exemption impact statement. | |||||||||||||||||||||||||||
9 | (a) On and after July 1, 2026, any bill to amend an | |||||||||||||||||||||||||||
10 | existing homestead exemption or to create a new homestead | |||||||||||||||||||||||||||
11 | exemption shall include the submission of an impact statement | |||||||||||||||||||||||||||
12 | prepared by the sponsor of the bill, to accompany the bill, | |||||||||||||||||||||||||||
13 | that identifies the following: | |||||||||||||||||||||||||||
14 | (1) the policy purpose, goal, and demographics of who | |||||||||||||||||||||||||||
15 | may be impacted by proposal; | |||||||||||||||||||||||||||
16 | (2) the effect of the homestead exemption on taxing | |||||||||||||||||||||||||||
17 | districts, including a description of how the homestead | |||||||||||||||||||||||||||
18 | exemption could have varying effects across communities, | |||||||||||||||||||||||||||
19 | counties, and townships; and | |||||||||||||||||||||||||||
20 | (3) optional funding sources that could be considered | |||||||||||||||||||||||||||
21 | by taxing districts to replace any identified additional | |||||||||||||||||||||||||||
22 | burdens placed on taxpayers through the adoption of | |||||||||||||||||||||||||||
23 | additional exemptions. |
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1 | (b) The impact statement must be provided before the first | ||||||
2 | legislative vote on a bill to create new or amend homestead | ||||||
3 | exemptions. | ||||||
4 | (c) As used in this Section: | ||||||
5 | "Homestead" means the land and buildings thereon, | ||||||
6 | including a condominium or a dwelling unit in a multi-dwelling | ||||||
7 | building that is owned and operated as a cooperative, occupied | ||||||
8 | by the taxpayer as the taxpayer's principal residence, or | ||||||
9 | which is temporarily unoccupied by the taxpayer because the | ||||||
10 | taxpayer is temporarily residing, for not more than one year, | ||||||
11 | in a licensed facility as defined in Section 1-113 of the | ||||||
12 | Nursing Home Care Act. | ||||||
13 | "Homestead exemption" means a property tax exemption that | ||||||
14 | decreases all or a portion of the equalized assessed value of | ||||||
15 | homestead property for a designated group of taxpayers. The | ||||||
16 | term "homestead exemption" is limited to an exemption that is | ||||||
17 | granted for the purpose of residential property tax relief and | ||||||
18 | that has one or more of the following goals: (i) lowering the | ||||||
19 | tax burden on targeted and identified groups; (ii) promoting | ||||||
20 | progressivity into property tax system; (iii) sheltering | ||||||
21 | groups at risk by lowering tax burden; or (iv) supporting | ||||||
22 | rehabilitation and maintenance of existing housing.
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23 | (35 ILCS 200/15-172) | ||||||
24 | Sec. 15-172. Low-Income Senior Citizens Assessment Freeze | ||||||
25 | Homestead Exemption. |
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1 | (a) This Section may be cited as the Low-Income Senior | ||||||
2 | Citizens Assessment Freeze Homestead Exemption. | ||||||
3 | (b) As used in this Section: | ||||||
4 | "Applicant" means an individual who has filed an | ||||||
5 | application under this Section. | ||||||
6 | "Base amount" means the base year equalized assessed value | ||||||
7 | of the residence plus the first year's equalized assessed | ||||||
8 | value of any added improvements which increased the assessed | ||||||
9 | value of the residence after the base year. | ||||||
10 | "Base year" means the taxable year prior to the taxable | ||||||
11 | year for which the applicant first qualifies and applies for | ||||||
12 | the exemption provided that in the prior taxable year the | ||||||
13 | property was improved with a permanent structure that was | ||||||
14 | occupied as a residence by the applicant who was liable for | ||||||
15 | paying real property taxes on the property and who was either | ||||||
16 | (i) an owner of record of the property or had legal or | ||||||
17 | equitable interest in the property as evidenced by a written | ||||||
18 | instrument or (ii) had a legal or equitable interest as a | ||||||
19 | lessee in the parcel of property that was single family | ||||||
20 | residence. If in any subsequent taxable year for which the | ||||||
21 | applicant applies and qualifies for the exemption the | ||||||
22 | equalized assessed value of the residence is less than the | ||||||
23 | equalized assessed value in the existing base year (provided | ||||||
24 | that such equalized assessed value is not based on an assessed | ||||||
25 | value that results from a temporary irregularity in the | ||||||
26 | property that reduces the assessed value for one or more |
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1 | taxable years), then that subsequent taxable year shall become | ||||||
2 | the base year until a new base year is established under the | ||||||
3 | terms of this paragraph. For taxable year 1999 only, the Chief | ||||||
4 | County Assessment Officer shall review (i) all taxable years | ||||||
5 | for which the applicant applied and qualified for the | ||||||
6 | exemption and (ii) the existing base year. The assessment | ||||||
7 | officer shall select as the new base year the year with the | ||||||
8 | lowest equalized assessed value. An equalized assessed value | ||||||
9 | that is based on an assessed value that results from a | ||||||
10 | temporary irregularity in the property that reduces the | ||||||
11 | assessed value for one or more taxable years shall not be | ||||||
12 | considered the lowest equalized assessed value. The selected | ||||||
13 | year shall be the base year for taxable year 1999 and | ||||||
14 | thereafter until a new base year is established under the | ||||||
15 | terms of this paragraph. | ||||||
16 | "Chief County Assessment Officer" means the County | ||||||
17 | Assessor or Supervisor of Assessments of the county in which | ||||||
18 | the property is located. | ||||||
19 | "Consumer Price Index" means the index published by the | ||||||
20 | Bureau of Labor Statistics of the United States Department of | ||||||
21 | Labor that measures the average change in prices of goods and | ||||||
22 | services purchased by all urban consumers, United States city | ||||||
23 | average, all items, 1982-84 = 100. | ||||||
24 | "Equalized assessed value" means the assessed value as | ||||||
25 | equalized by the Illinois Department of Revenue. | ||||||
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. | ||||||
3 | "Household income" means the combined income of the | ||||||
4 | members of a household for the calendar year preceding the | ||||||
5 | taxable year. | ||||||
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. | ||||||
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. | ||||||
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. | ||||||
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 2024 and | ||||||
3 | thereafter , $65,000 for all qualified property ; . | ||||||
4 | (8) for taxable year 2025, $85,000 for all qualified | ||||||
5 | property; and | ||||||
6 | (9) for taxable years 2026 and thereafter, the maximum | ||||||
7 | income limitation for the immediately preceding taxable | ||||||
8 | year, multiplied by one plus the lesser of (i) the | ||||||
9 | percentage increase, if any, in the Consumer Price Index | ||||||
10 | for All Urban Consumers for the 12 months ending in March | ||||||
11 | of the immediately preceding calendar year or (ii) 3%; the | ||||||
12 | maximum income limitation under this item (9) shall be | ||||||
13 | rounded to the nearest dollar. | ||||||
14 | By June 1, 2026, and by June 1 of each year thereafter, the | ||||||
15 | Department of Revenue shall determine the maximum income | ||||||
16 | limitation for the applicable taxable year and shall post that | ||||||
17 | amount on its website. | ||||||
18 | As an alternative income valuation, a homeowner who is | ||||||
19 | enrolled in any of the following programs may be presumed to | ||||||
20 | have household income that does not exceed the maximum income | ||||||
21 | limitation for that tax year as required by this Section: Aid | ||||||
22 | to the Aged, Blind or Disabled (AABD) Program or the | ||||||
23 | Supplemental Nutrition Assistance Program (SNAP), both of | ||||||
24 | which are administered by the Department of Human Services; | ||||||
25 | the Low Income Home Energy Assistance Program (LIHEAP), which | ||||||
26 | is administered by the Department of Commerce and Economic |
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1 | Opportunity; The Benefit Access program, which is administered | ||||||
2 | by the Department on Aging; and the Senior Citizens Real | ||||||
3 | Estate Tax Deferral Program. | ||||||
4 | A chief county assessment officer may indicate that he or | ||||||
5 | she has verified an applicant's income eligibility for this | ||||||
6 | exemption but may not report which program or programs, if | ||||||
7 | any, enroll the applicant. Release of personal information | ||||||
8 | submitted pursuant to this Section shall be deemed an | ||||||
9 | unwarranted invasion of personal privacy under the Freedom of | ||||||
10 | Information Act. | ||||||
11 | "Residence" means the principal dwelling place and | ||||||
12 | appurtenant structures used for residential purposes in this | ||||||
13 | State occupied on January 1 of the taxable year by a household | ||||||
14 | and so much of the surrounding land, constituting the parcel | ||||||
15 | upon which the dwelling place is situated, as is used for | ||||||
16 | residential purposes. If the Chief County Assessment Officer | ||||||
17 | has established a specific legal description for a portion of | ||||||
18 | property constituting the residence, then that portion of | ||||||
19 | property shall be deemed the residence for the purposes of | ||||||
20 | this Section. | ||||||
21 | "Taxable year" means the calendar year during which ad | ||||||
22 | valorem property taxes payable in the next succeeding year are | ||||||
23 | levied. | ||||||
24 | (c) Beginning in taxable year 1994, a low-income senior | ||||||
25 | citizens assessment freeze homestead exemption is granted for | ||||||
26 | real property that is improved with a permanent structure that |
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1 | is occupied as a residence by an applicant who (i) is 65 years | ||||||
2 | of age or older during the taxable year, (ii) has a household | ||||||
3 | income that does not exceed the maximum income limitation, | ||||||
4 | (iii) is liable for paying real property taxes on the | ||||||
5 | property, and (iv) is an owner of record of the property or has | ||||||
6 | a legal or equitable interest in the property as evidenced by a | ||||||
7 | written instrument. This homestead exemption shall also apply | ||||||
8 | to a leasehold interest in a parcel of property improved with a | ||||||
9 | permanent structure that is a single family residence that is | ||||||
10 | occupied as a residence by a person who (i) is 65 years of age | ||||||
11 | or older during the taxable year, (ii) has a household income | ||||||
12 | that does not exceed the maximum income limitation, (iii) has | ||||||
13 | a legal or equitable ownership interest in the property as | ||||||
14 | lessee, and (iv) is liable for the payment of real property | ||||||
15 | taxes on that property. | ||||||
16 | In counties of 3,000,000 or more inhabitants, the amount | ||||||
17 | of the exemption for all taxable years is the equalized | ||||||
18 | assessed value of the residence in the taxable year for which | ||||||
19 | application is made minus the base amount. In all other | ||||||
20 | counties, the amount of the exemption is as follows: (i) | ||||||
21 | through taxable year 2005 and for taxable year 2007 and | ||||||
22 | thereafter, the amount of this exemption shall be the | ||||||
23 | equalized assessed value of the residence in the taxable year | ||||||
24 | for which application is made minus the base amount; and (ii) | ||||||
25 | for taxable year 2006, the amount of the exemption is as | ||||||
26 | follows: |
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1 | (1) For an applicant who has a household income of | ||||||
2 | $45,000 or less, the amount of the exemption is the | ||||||
3 | equalized assessed value of the residence in the taxable | ||||||
4 | year for which application is made minus the base amount. | ||||||
5 | (2) For an applicant who has a household income | ||||||
6 | exceeding $45,000 but not exceeding $46,250, 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 0.8. | ||||||
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 | residence in the taxable year for which application is | ||||||
14 | made minus the base amount (ii) multiplied by 0.6. | ||||||
15 | (4) For an applicant who has a household income | ||||||
16 | exceeding $47,500 but not exceeding $48,750, 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 0.4. | ||||||
20 | (5) For an applicant who has a household income | ||||||
21 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
22 | the exemption is (i) the equalized assessed value of the | ||||||
23 | residence in the taxable year for which application is | ||||||
24 | made minus the base amount (ii) multiplied by 0.2. | ||||||
25 | When the applicant is a surviving spouse of an applicant | ||||||
26 | for a prior year for the same residence for which an exemption |
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1 | under this Section has been granted, the base year and base | ||||||
2 | amount for that residence are the same as for the applicant for | ||||||
3 | the prior year. | ||||||
4 | Each year at the time the assessment books are certified | ||||||
5 | to the County Clerk, the Board of Review or Board of Appeals | ||||||
6 | shall give to the County Clerk a list of the assessed values of | ||||||
7 | improvements on each parcel qualifying for this exemption that | ||||||
8 | were added after the base year for this parcel and that | ||||||
9 | increased the assessed value of the property. | ||||||
10 | In the case of land improved with an apartment building | ||||||
11 | owned and operated as a cooperative or a building that is a | ||||||
12 | life care facility that qualifies as a cooperative, the | ||||||
13 | maximum reduction from the equalized assessed value of the | ||||||
14 | property is limited to the sum of the reductions calculated | ||||||
15 | for each unit occupied as a residence by a person or persons | ||||||
16 | (i) 65 years of age or older, (ii) with a household income that | ||||||
17 | does not exceed the maximum income limitation, (iii) who is | ||||||
18 | liable, by contract with the owner or owners of record, for | ||||||
19 | paying real property taxes on the property, and (iv) who is an | ||||||
20 | owner of record of a legal or equitable interest in the | ||||||
21 | cooperative apartment building, other than a leasehold | ||||||
22 | interest. In the instance of a cooperative where a homestead | ||||||
23 | exemption has been granted under this Section, the cooperative | ||||||
24 | association or its management firm shall credit the savings | ||||||
25 | resulting from that exemption only to the apportioned tax | ||||||
26 | liability of the owner who qualified for the exemption. Any |
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1 | person who willfully refuses to credit that savings to an | ||||||
2 | owner who qualifies for the exemption is guilty of a Class B | ||||||
3 | misdemeanor. | ||||||
4 | When a homestead exemption has been granted under this | ||||||
5 | Section and an applicant then becomes a resident of a facility | ||||||
6 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
7 | Nursing Home Care Act, the Specialized Mental Health | ||||||
8 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
9 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
10 | years so long as the residence (i) continues to be occupied by | ||||||
11 | the qualified applicant's spouse or (ii) if remaining | ||||||
12 | unoccupied, is still owned by the qualified applicant for the | ||||||
13 | homestead 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 separate residences, the | ||||||
24 | exemption provided for in this Section may be claimed by only | ||||||
25 | one of such persons and for only one residence. | ||||||
26 | For taxable year 1994 only, in counties having less than |
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1 | 3,000,000 inhabitants, to receive the exemption, a person | ||||||
2 | shall submit an application by February 15, 1995 to the Chief | ||||||
3 | County Assessment Officer of the county in which the property | ||||||
4 | is located. In counties having 3,000,000 or more inhabitants, | ||||||
5 | for taxable year 1994 and all subsequent taxable years, to | ||||||
6 | receive the exemption, a person may submit an application to | ||||||
7 | the Chief County Assessment Officer of the county in which the | ||||||
8 | property is located during such period as may be specified by | ||||||
9 | the Chief County Assessment Officer. The Chief County | ||||||
10 | Assessment Officer in counties of 3,000,000 or more | ||||||
11 | inhabitants shall annually give notice of the application | ||||||
12 | period by mail or by publication. In counties having less than | ||||||
13 | 3,000,000 inhabitants, beginning with taxable year 1995 and | ||||||
14 | thereafter, to receive the exemption, a person shall submit an | ||||||
15 | application by July 1 of each taxable year to the Chief County | ||||||
16 | Assessment Officer of the county in which the property is | ||||||
17 | located. A county may, by ordinance, establish a date for | ||||||
18 | submission of applications that is different than July 1. The | ||||||
19 | applicant shall submit with the application an affidavit of | ||||||
20 | the applicant's total household income, age, marital status | ||||||
21 | (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 | 2012. The applications shall be clearly marked as applications | ||||||
8 | for the Low-Income Senior Citizens Assessment Freeze Homestead | ||||||
9 | Exemption and must contain a notice that any taxpayer who | ||||||
10 | receives the exemption is subject to an audit by the Chief | ||||||
11 | 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, advanced practice registered nurse, | ||||||
26 | or physician assistant stating the nature and extent of the |
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1 | condition, that, in the physician's, advanced practice | ||||||
2 | registered nurse's, or physician assistant's opinion, the | ||||||
3 | condition was so severe that it rendered the applicant | ||||||
4 | incapable of filing the application in a timely manner, and | ||||||
5 | the date on which the applicant regained the capability to | ||||||
6 | file the application. | ||||||
7 | Beginning January 1, 1998, notwithstanding any other | ||||||
8 | provision to the contrary, in counties having fewer than | ||||||
9 | 3,000,000 inhabitants, if an applicant fails to file the | ||||||
10 | application required by this Section in a timely manner and | ||||||
11 | this failure to file is due to a mental or physical condition | ||||||
12 | sufficiently severe so as to render the applicant incapable of | ||||||
13 | filing the application in a timely manner, the Chief County | ||||||
14 | Assessment Officer may extend the filing deadline for a period | ||||||
15 | of 3 months. In order to receive the extension provided in this | ||||||
16 | paragraph, the applicant shall provide the Chief County | ||||||
17 | Assessment Officer with a signed statement from the | ||||||
18 | applicant's physician, advanced practice registered nurse, or | ||||||
19 | physician assistant stating the nature and extent of the | ||||||
20 | condition, and that, in the physician's, advanced practice | ||||||
21 | registered nurse's, or physician assistant's opinion, the | ||||||
22 | condition was so severe that it rendered the applicant | ||||||
23 | incapable of filing the application in a timely manner. | ||||||
24 | In counties having less than 3,000,000 inhabitants, if an | ||||||
25 | applicant was denied an exemption in taxable year 1994 and the | ||||||
26 | denial occurred due to an error on the part of an assessment |
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1 | official, or his or her agent or employee, then beginning in | ||||||
2 | taxable year 1997 the applicant's base year, for purposes of | ||||||
3 | determining the amount of the exemption, shall be 1993 rather | ||||||
4 | than 1994. In addition, in taxable year 1997, the applicant's | ||||||
5 | exemption shall also include an amount equal to (i) the amount | ||||||
6 | of any exemption denied to the applicant in taxable year 1995 | ||||||
7 | as a result of using 1994, rather than 1993, as the base year, | ||||||
8 | (ii) the amount of any exemption denied to the applicant in | ||||||
9 | taxable year 1996 as a result of using 1994, rather than 1993, | ||||||
10 | as the base year, and (iii) the amount of the exemption | ||||||
11 | erroneously denied for taxable year 1994. | ||||||
12 | For purposes of this Section, a person who will be 65 years | ||||||
13 | of age during the current taxable year shall be eligible to | ||||||
14 | apply for the homestead exemption during that taxable year. | ||||||
15 | Application shall be made during the application period in | ||||||
16 | effect for the county of his or her residence. | ||||||
17 | The Chief County Assessment Officer may determine the | ||||||
18 | eligibility of a life care facility that qualifies as a | ||||||
19 | cooperative to receive the benefits provided by this Section | ||||||
20 | by use of an affidavit, application, visual inspection, | ||||||
21 | questionnaire, or other reasonable method in order to insure | ||||||
22 | that the tax savings resulting from the exemption are credited | ||||||
23 | by the management firm to the apportioned tax liability of | ||||||
24 | each qualifying resident. The Chief County Assessment Officer | ||||||
25 | may request reasonable proof that the management firm has so | ||||||
26 | credited that exemption. |
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1 | Except as provided in this Section, all information | ||||||
2 | received by the chief county assessment officer or the | ||||||
3 | Department from applications filed under this Section, or from | ||||||
4 | any investigation conducted under the provisions of this | ||||||
5 | Section, shall be confidential, except for official purposes | ||||||
6 | or pursuant to official procedures for collection of any State | ||||||
7 | or local tax or enforcement of any civil or criminal penalty or | ||||||
8 | sanction imposed by this Act or by any statute or ordinance | ||||||
9 | imposing a State or local tax. Any person who divulges any such | ||||||
10 | information in any manner, except in accordance with a proper | ||||||
11 | judicial order, is guilty of a Class A misdemeanor. | ||||||
12 | Nothing contained in this Section shall prevent the | ||||||
13 | Director or chief county assessment officer from publishing or | ||||||
14 | making available reasonable statistics concerning the | ||||||
15 | operation of the exemption contained in this Section in which | ||||||
16 | the contents of claims are grouped into aggregates in such a | ||||||
17 | way that information contained in any individual claim shall | ||||||
18 | not be disclosed. | ||||||
19 | Notwithstanding any other provision of law, for taxable | ||||||
20 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
21 | inhabitants, the amount of the exemption shall be the greater | ||||||
22 | of (i) the amount of the exemption otherwise calculated under | ||||||
23 | this Section or (ii) $2,000. | ||||||
24 | (c-5) Notwithstanding any other provision of law, each | ||||||
25 | chief county assessment officer may approve this exemption for | ||||||
26 | the 2020 taxable year, without application, for any property |
| |||||||
| |||||||
1 | that was approved for this exemption for the 2019 taxable | ||||||
2 | year, provided that: | ||||||
3 | (1) the county board has declared a local disaster as | ||||||
4 | provided in the Illinois Emergency Management Agency Act | ||||||
5 | related to the COVID-19 public health emergency; | ||||||
6 | (2) the owner of record of the property as of January | ||||||
7 | 1, 2020 is the same as the owner of record of the property | ||||||
8 | as of January 1, 2019; | ||||||
9 | (3) the exemption for the 2019 taxable year has not | ||||||
10 | been determined to be an erroneous exemption as defined by | ||||||
11 | this Code; and | ||||||
12 | (4) the applicant for the 2019 taxable year has not | ||||||
13 | asked for the exemption to be removed for the 2019 or 2020 | ||||||
14 | taxable years. | ||||||
15 | Nothing in this subsection shall preclude or impair the | ||||||
16 | authority of a chief county assessment officer to conduct | ||||||
17 | audits of any taxpayer claiming an exemption under this | ||||||
18 | Section to verify that the taxpayer is eligible to receive the | ||||||
19 | exemption as provided elsewhere in this Section. | ||||||
20 | (c-10) Notwithstanding any other provision of law, each | ||||||
21 | chief county assessment officer may approve this exemption for | ||||||
22 | the 2021 taxable year, without application, for any property | ||||||
23 | that was approved for this exemption for the 2020 taxable | ||||||
24 | year, if: | ||||||
25 | (1) the county board has declared a local disaster as | ||||||
26 | provided in the Illinois Emergency Management Agency Act |
| |||||||
| |||||||
1 | related to the COVID-19 public health emergency; | ||||||
2 | (2) the owner of record of the property as of January | ||||||
3 | 1, 2021 is the same as the owner of record of the property | ||||||
4 | as of January 1, 2020; | ||||||
5 | (3) the exemption for the 2020 taxable year has not | ||||||
6 | been determined to be an erroneous exemption as defined by | ||||||
7 | this Code; and | ||||||
8 | (4) the taxpayer for the 2020 taxable year has not | ||||||
9 | asked for the exemption to be removed for the 2020 or 2021 | ||||||
10 | taxable years. | ||||||
11 | Nothing in this subsection shall preclude or impair the | ||||||
12 | authority of a chief county assessment officer to conduct | ||||||
13 | audits of any taxpayer claiming an exemption under this | ||||||
14 | Section to verify that the taxpayer is eligible to receive the | ||||||
15 | exemption as provided elsewhere in this Section. | ||||||
16 | (d) Each Chief County Assessment Officer shall annually | ||||||
17 | publish a notice of availability of the exemption provided | ||||||
18 | under this Section. The notice shall be published at least 60 | ||||||
19 | days but no more than 75 days prior to the date on which the | ||||||
20 | application must be submitted to the Chief County Assessment | ||||||
21 | Officer of the county in which the property is located. The | ||||||
22 | notice shall appear in a newspaper of general circulation in | ||||||
23 | the county. | ||||||
24 | Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
25 | Act, no reimbursement by the State is required for the | ||||||
26 | implementation of any mandate created by this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; | ||||||
2 | 102-895, eff. 5-23-22.)
| ||||||
3 | (35 ILCS 200/21-385) | ||||||
4 | Sec. 21-385. Extension of period of redemption. | ||||||
5 | (a) For any tax certificates held by a county pursuant to | ||||||
6 | Section 21-90, the redemption period for each tax certificate | ||||||
7 | shall be extended by operation of law until the date | ||||||
8 | established by the county as the redemption deadline in a | ||||||
9 | petition for tax deed filed under Section 22-30. The | ||||||
10 | redemption deadline established in the petition shall be | ||||||
11 | identified in the notices provided under Sections 22-10 | ||||||
12 | through 22-25 of this Code. After a redemption deadline is | ||||||
13 | established in the petition for tax deed, the county may | ||||||
14 | further extend the redemption deadline by filing with the | ||||||
15 | county clerk of the county in which the property is located a | ||||||
16 | written notice to that effect describing the property, | ||||||
17 | identifying the certificate number, and specifying the | ||||||
18 | extended period of redemption. Notwithstanding any expiration | ||||||
19 | of a prior redemption period, all tax certificates forfeited | ||||||
20 | to the county and held pursuant to Section 21-90 shall remain | ||||||
21 | enforceable by the county or its assignee, and redemption | ||||||
22 | shall be extended by operation of law until the date | ||||||
23 | established by the county as the redemption deadline in a | ||||||
24 | petition for tax deed filed under Section 22-30. | ||||||
25 | (b) Within 60 days of the date of assignment, assignees of |
| |||||||
| |||||||
1 | forfeited certificates under Section 21-90 or Section 21-145 | ||||||
2 | of this Code must file with the county clerk of the county in | ||||||
3 | which the property is located a written notice describing the | ||||||
4 | property, stating the date of the assignment, identifying the | ||||||
5 | certificate number and specifying a deadline for redemption | ||||||
6 | that is not later than 3 years from the date of assignment. | ||||||
7 | Upon receiving the notice, the county clerk shall stamp the | ||||||
8 | date of receipt upon the notice. If the notice is submitted as | ||||||
9 | an electronic record, the county clerk shall acknowledge | ||||||
10 | receipt of the record and shall provide confirmation in the | ||||||
11 | same manner to the certificate holder. The confirmation from | ||||||
12 | the county clerk shall include the date of receipt and shall | ||||||
13 | serve as proof that the notice was filed with the county clerk. | ||||||
14 | In no event shall a county clerk permit an assignee of | ||||||
15 | forfeited certificates under Section 21-90 or Section 21-145 | ||||||
16 | of this Code to extend the period of redemption beyond 3 years | ||||||
17 | from the date of assignment. If the redemption period expires | ||||||
18 | and no petition for tax deed has been filed under Section | ||||||
19 | 22-30, the assigned tax certificate shall be forfeited to and | ||||||
20 | held by the county pursuant to Section 21-90. | ||||||
21 | (c) Except for the county as trustee pursuant to Section | ||||||
22 | 21-90, the purchaser or his or her assignee of property sold | ||||||
23 | for nonpayment of general taxes or special assessments may | ||||||
24 | extend the period of redemption at any time before the | ||||||
25 | expiration of the original period of redemption, or thereafter | ||||||
26 | prior to the expiration of any extended period of redemption, |
| |||||||
| |||||||
1 | but only for a period that will expire not later than 3 years | ||||||
2 | from the date of sale, by filing with the county clerk of the | ||||||
3 | county in which the property is located a written notice to | ||||||
4 | that effect describing the property, stating the date of the | ||||||
5 | sale and specifying the extended period of redemption. Upon | ||||||
6 | receiving the notice, the county clerk shall stamp the date of | ||||||
7 | receipt upon the notice. If the notice is submitted as an | ||||||
8 | electronic record, the county clerk shall acknowledge receipt | ||||||
9 | of the record and shall provide confirmation in the same | ||||||
10 | manner to the certificate holder. The confirmation from the | ||||||
11 | county clerk shall include the date of receipt and shall serve | ||||||
12 | as proof that the notice was filed with the county clerk. The | ||||||
13 | county clerk shall not be required to extend the period of | ||||||
14 | redemption unless the purchaser or his or her assignee obtains | ||||||
15 | this acknowledgement of delivery. If prior to the expiration | ||||||
16 | of the period of redemption or extended period of redemption a | ||||||
17 | petition for tax deed has been filed under Section 22-30, upon | ||||||
18 | application of the petitioner, the court shall allow the | ||||||
19 | purchaser or his or her assignee to extend the period of | ||||||
20 | redemption after expiration of the original period or any | ||||||
21 | extended period of redemption, provided that any extension | ||||||
22 | allowed will expire not later than 3 years from the date of | ||||||
23 | sale. If the period of redemption is extended, the purchaser | ||||||
24 | or his or her assignee must give the notices provided for in | ||||||
25 | Section 22-10 at the specified times prior to the expiration | ||||||
26 | of the extended period of redemption by causing a sheriff (or |
| |||||||
| |||||||
1 | if he or she is disqualified, a coroner) of the county in which | ||||||
2 | the property, or any part thereof, is located to serve the | ||||||
3 | notices as provided in Sections 22-15 and 22-20. The notices | ||||||
4 | may also be served as provided in Sections 22-15 and 22-20 by a | ||||||
5 | special process server appointed by the court under Section | ||||||
6 | 22-15 and as provided in Sections 22-15 and 22-20. | ||||||
7 | The changes made to this Section by this amendatory Act of | ||||||
8 | the 103rd General Assembly apply to matters concerning tax | ||||||
9 | certificates issued on or after January 1, 2024. | ||||||
10 | (d) For any tax certificates held by a county, the county | ||||||
11 | clerk may create and administer a payment plan during the | ||||||
12 | redemption period. Under the payment plan, the county clerk | ||||||
13 | may waive interest penalties when payments are made in | ||||||
14 | accordance with the parameters set forth in the payment plan. | ||||||
15 | (Source: P.A. 103-555, eff. 1-1-24 .)
| ||||||
16 | Section 10. The Senior Citizens Real Estate Tax Deferral | ||||||
17 | Act is amended by changing Sections 2 and 3 as follows:
| ||||||
18 | (320 ILCS 30/2) (from Ch. 67 1/2, par. 452) | ||||||
19 | Sec. 2. Definitions. As used in this Act: | ||||||
20 | (a) " Qualified Taxpayer" means an individual (i) who will | ||||||
21 | be 65 years of age or older by June 1 of the year for which a | ||||||
22 | tax deferral is claimed; (ii) who certifies that they have | ||||||
23 | owned and occupied as their residence such property or other | ||||||
24 | qualifying property in the State for at least the last 3 years, |
| |||||||
| |||||||
1 | except for any periods during which the taxpayer may have | ||||||
2 | temporarily resided in a nursing or sheltered care home; and | ||||||
3 | (iii) whose household income for the year is no greater than | ||||||
4 | the maximum household income. : (i) $40,000 through tax year | ||||||
5 | 2005; (ii) $50,000 for tax years 2006 through 2011; (iii) | ||||||
6 | $55,000 for tax years 2012 through 2021; (iv) $65,000 for tax | ||||||
7 | years 2022 through 2025; and (v) $55,000 for tax year 2026 and | ||||||
8 | thereafter. | ||||||
9 | (b) "Tax deferred property" means the property upon which | ||||||
10 | real estate taxes are deferred under this Act. | ||||||
11 | (c) "Homestead" means the land and buildings thereon, | ||||||
12 | including a condominium or a dwelling unit in a multidwelling | ||||||
13 | building that is owned and operated as a cooperative, occupied | ||||||
14 | by the taxpayer as his residence or which are temporarily | ||||||
15 | unoccupied by the taxpayer because such taxpayer is | ||||||
16 | temporarily residing, for not more than 1 year, in a licensed | ||||||
17 | facility as defined in Section 1-113 of the Nursing Home Care | ||||||
18 | Act. | ||||||
19 | (d) "Real estate taxes" or "taxes" means the taxes on real | ||||||
20 | property for which the taxpayer would be liable under the | ||||||
21 | Property Tax Code, including special service area taxes, and | ||||||
22 | special assessments on benefited real property for which the | ||||||
23 | taxpayer would be liable to a unit of local government. | ||||||
24 | (e) "Department" means the Department of Revenue. | ||||||
25 | (f) "Qualifying property" means a homestead which (a) the | ||||||
26 | taxpayer or the taxpayer and his spouse own in fee simple or |
| |||||||
| |||||||
1 | are purchasing in fee simple under a recorded instrument of | ||||||
2 | sale, (b) is not income-producing property, (c) is not subject | ||||||
3 | to a lien for unpaid real estate taxes when a claim under this | ||||||
4 | Act is filed, and (d) is not held in trust, other than an | ||||||
5 | Illinois land trust with the taxpayer identified as the sole | ||||||
6 | beneficiary, if the taxpayer is filing for the program for the | ||||||
7 | first time effective as of the January 1, 2011 assessment year | ||||||
8 | or tax year 2012 and thereafter. | ||||||
9 | (g) "Equity interest" means the current assessed valuation | ||||||
10 | of the qualified property times the fraction necessary to | ||||||
11 | convert that figure to full market value minus any outstanding | ||||||
12 | debts or liens on that property. In the case of qualifying | ||||||
13 | property not having a separate assessed valuation, the | ||||||
14 | appraised value as determined by a qualified real estate | ||||||
15 | appraiser shall be used instead of the current assessed | ||||||
16 | valuation. | ||||||
17 | (h) "Household income" has the meaning ascribed to that | ||||||
18 | term in the Senior Citizens and Persons with Disabilities | ||||||
19 | Property Tax Relief Act. | ||||||
20 | (i) "Collector" means the county collector or, if the | ||||||
21 | taxes to be deferred are special assessments, an official | ||||||
22 | designated by a unit of local government to collect special | ||||||
23 | assessments. | ||||||
24 | (j) "Maximum household income" means: | ||||||
25 | (1) $40,000 through tax year 2005; | ||||||
26 | (2) $50,000 for tax years 2006 through 2011; |
| |||||||
| |||||||
1 | (3) $55,000 for tax years 2012 through 2021; | ||||||
2 | (4) $65,000 for tax years 2022 through 2024; | ||||||
3 | (5) $95,000 for tax year 2025; and | ||||||
4 | (6) for tax year 2026 and thereafter, the maximum | ||||||
5 | household income for the immediately preceding taxable | ||||||
6 | year, multiplied by one plus the lesser of (i) the | ||||||
7 | percentage increase, if any, in the Consumer Price Index | ||||||
8 | for All Urban Consumers for the 12 months ending in March | ||||||
9 | of the immediately preceding calendar year or (ii) 3%; the | ||||||
10 | maximum income limitation under this item (6) shall be | ||||||
11 | rounded to the nearest dollar. | ||||||
12 | By June 1, 2026, and by June 1 of each year thereafter, the | ||||||
13 | Department of Revenue shall determine the maximum household | ||||||
14 | income for the applicable taxable year and shall post that | ||||||
15 | amount on its website. | ||||||
16 | (k) "Consumer Price Index" means the index published by | ||||||
17 | the Bureau of Labor Statistics of the United States Department | ||||||
18 | of Labor that measures the average change in prices of goods | ||||||
19 | and services purchased by all urban consumers, United States | ||||||
20 | city average, all items, 1982-84 = 100. | ||||||
21 | (Source: P.A. 102-644, eff. 8-27-21.)
| ||||||
22 | (320 ILCS 30/3) (from Ch. 67 1/2, par. 453) | ||||||
23 | Sec. 3. A taxpayer may, on or before March 1 of each year, | ||||||
24 | apply to the county collector of the county where his | ||||||
25 | qualifying property is located, or to the official designated |
| |||||||
| |||||||
1 | by a unit of local government to collect special assessments | ||||||
2 | on the qualifying property, as the case may be, for a deferral | ||||||
3 | of all or a part of real estate taxes payable during that year | ||||||
4 | for the preceding year in the case of real estate taxes other | ||||||
5 | than special assessments, or for a deferral of any | ||||||
6 | installments payable during that year in the case of special | ||||||
7 | assessments, on all or part of his qualifying property. The | ||||||
8 | application shall be on a form prescribed by the Department | ||||||
9 | and furnished by the collector, (a) showing that the applicant | ||||||
10 | will be 65 years of age or older by June 1 of the year for | ||||||
11 | which a tax deferral is claimed, (b) describing the property | ||||||
12 | and verifying that the property is qualifying property as | ||||||
13 | defined in Section 2, (c) certifying that the taxpayer has | ||||||
14 | owned and occupied as his residence such property or other | ||||||
15 | qualifying property in the State for at least the last 3 years | ||||||
16 | except for any periods during which the taxpayer may have | ||||||
17 | temporarily resided in a nursing or sheltered care home, and | ||||||
18 | (d) specifying whether the deferral is for all or a part of the | ||||||
19 | taxes, and, if for a part, the amount of deferral applied for. | ||||||
20 | As to qualifying property not having a separate assessed | ||||||
21 | valuation, the taxpayer shall also file with the county | ||||||
22 | collector a written appraisal of the property prepared by a | ||||||
23 | qualified real estate appraiser together with a certificate | ||||||
24 | signed by the appraiser stating that he has personally | ||||||
25 | examined the property and setting forth the value of the land | ||||||
26 | and the value of the buildings thereon occupied by the |
| |||||||
| |||||||
1 | taxpayer as his residence. The county collector may use | ||||||
2 | eligibility for the Low-Income Senior Citizens Assessment | ||||||
3 | Freeze Homestead Exemption under Section 15-172 of the | ||||||
4 | Property Tax Code as qualification for items (a) and (c). | ||||||
5 | The collector shall grant the tax deferral provided such | ||||||
6 | deferral does not exceed funds available in the Senior | ||||||
7 | Citizens Real Estate Deferred Tax Revolving Fund and provided | ||||||
8 | that the owner or owners of such real property have entered | ||||||
9 | into a tax deferral and recovery agreement with the collector | ||||||
10 | on behalf of the county or other unit of local government, | ||||||
11 | which agreement expressly states: | ||||||
12 | (1) That the total amount of taxes deferred under this | ||||||
13 | Act, plus interest, for the year for which a tax deferral is | ||||||
14 | claimed as well as for those previous years for which taxes are | ||||||
15 | not delinquent and for which such deferral has been claimed | ||||||
16 | may not exceed 80% of the taxpayer's equity interest in the | ||||||
17 | property for which taxes are to be deferred and that, if the | ||||||
18 | total deferred taxes plus interest equals 80% of the | ||||||
19 | taxpayer's equity interest in the property, the taxpayer shall | ||||||
20 | thereafter pay the annual interest due on such deferred taxes | ||||||
21 | plus interest so that total deferred taxes plus interest will | ||||||
22 | not exceed such 80% of the taxpayer's equity interest in the | ||||||
23 | property. Effective as of the January 1, 2011 assessment year | ||||||
24 | or tax year 2012 and through the 2021 tax year, and beginning | ||||||
25 | again with the 2026 tax year, the total amount of any such | ||||||
26 | deferral shall not exceed $5,000 per taxpayer in each tax |
| |||||||
| |||||||
1 | year. For the 2022 tax year and every tax year after through | ||||||
2 | the 2025 tax year , the total amount of any such deferral shall | ||||||
3 | not exceed $7,500 per taxpayer in each tax year. | ||||||
4 | (2) That any real estate taxes deferred under this Act and | ||||||
5 | any interest accrued thereon are a lien on the real estate and | ||||||
6 | improvements thereon until paid. If the taxes deferred are for | ||||||
7 | a tax year prior to 2023, then interest shall accrue at the | ||||||
8 | rate of 6% per year. If the taxes deferred are for the 2023 tax | ||||||
9 | year or any tax year thereafter, then interest shall accrue at | ||||||
10 | the rate of 3% per year. No sale or transfer of such real | ||||||
11 | property may be legally closed and recorded until the taxes | ||||||
12 | which would otherwise have been due on the property, plus | ||||||
13 | accrued interest, have been paid unless the collector | ||||||
14 | certifies in writing that an arrangement for prompt payment of | ||||||
15 | the amount due has been made with his office. The same shall | ||||||
16 | apply if the property is to be made the subject of a contract | ||||||
17 | of sale. | ||||||
18 | (3) That upon the death of the taxpayer claiming the | ||||||
19 | deferral the heirs-at-law, assignees or legatees shall have | ||||||
20 | first priority to the real property upon which taxes have been | ||||||
21 | deferred by paying in full the total taxes which would | ||||||
22 | otherwise have been due, plus interest. However, if such | ||||||
23 | heir-at-law, assignee, or legatee is a surviving spouse, the | ||||||
24 | tax deferred status of the property shall be continued during | ||||||
25 | the life of that surviving spouse if the spouse is 55 years of | ||||||
26 | age or older within 6 months of the date of death of the |
| |||||||
| |||||||
1 | taxpayer and enters into a tax deferral and recovery agreement | ||||||
2 | before the time when deferred taxes become due under this | ||||||
3 | Section. Any additional taxes deferred, plus interest, on the | ||||||
4 | real property under a tax deferral and recovery agreement | ||||||
5 | signed by a surviving spouse shall be added to the taxes and | ||||||
6 | interest which would otherwise have been due, and the payment | ||||||
7 | of which has been postponed during the life of such surviving | ||||||
8 | spouse, in determining the 80% equity requirement provided by | ||||||
9 | this Section. | ||||||
10 | (4) That if the taxes due, plus interest, are not paid by | ||||||
11 | the heir-at-law, assignee or legatee or if payment is not | ||||||
12 | postponed during the life of a surviving spouse, the deferred | ||||||
13 | taxes and interest shall be recovered from the estate of the | ||||||
14 | taxpayer within one year of the date of his death. In addition, | ||||||
15 | deferred real estate taxes and any interest accrued thereon | ||||||
16 | are due within 90 days after any tax deferred property ceases | ||||||
17 | to be qualifying property as defined in Section 2. | ||||||
18 | If payment is not made when required by this Section, | ||||||
19 | foreclosure proceedings may be instituted under the Property | ||||||
20 | Tax Code. | ||||||
21 | (5) That any joint owner has given written prior approval | ||||||
22 | for such agreement, which written approval shall be made a | ||||||
23 | part of such agreement. | ||||||
24 | (6) That a guardian for a person under legal disability | ||||||
25 | appointed for a taxpayer who otherwise qualifies under this | ||||||
26 | Act may act for the taxpayer in complying with this Act. |
| |||||||
| |||||||
1 | (7) That a taxpayer or his agent has provided to the | ||||||
2 | satisfaction of the collector, sufficient evidence that the | ||||||
3 | qualifying property on which the taxes are to be deferred is | ||||||
4 | insured against fire or casualty loss for at least the total | ||||||
5 | amount of taxes which have been deferred. | ||||||
6 | If the taxes to be deferred are special assessments, the | ||||||
7 | unit of local government making the assessments shall forward | ||||||
8 | a copy of the agreement entered into pursuant to this Section | ||||||
9 | and the bills for such assessments to the county collector of | ||||||
10 | the county in which the qualifying property is located. | ||||||
11 | (Source: P.A. 102-644, eff. 8-27-21; 102-895, eff. 5-23-22.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law. |