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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3825
Introduced 2/25/2009, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED:
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35 ILCS 200/1-72 new |
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35 ILCS 200/15-167 |
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35 ILCS 200/15-168 |
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35 ILCS 200/15-170 |
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35 ILCS 200/15-172 |
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35 ILCS 200/15-175 |
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35 ILCS 200/15-176 |
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35 ILCS 200/15-177 |
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Amends the Property Tax Code. Generally defines "homestead property" as residential property that on January 1 is occupied by the owner, lessee, or interest holder as a principal dwelling place and there is a liability for paying taxes. States what part of property constitutes a homestead. Allows the chief county assessment officer to establish a specific legal description. Amends various homestead provisions to conform to the definition. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing |
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| Sections 15-167, 15-168, 15-170, 15-172, 15-175, 15-176, and |
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| 15-177 and by adding Section 1-72 as follows:
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| (35 ILCS 200/1-72 new) |
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| Sec. 1-72. Homestead property. Residential property that |
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| as of January 1 of the taxable year is occupied by its owner or |
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| owners as his, her, their principal dwelling place, that is a |
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| leasehold interest on which a single family residence is |
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| situated, that is occupied as a residence by a person who has a |
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| legal or equitable interest therein evidenced by a written |
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| instrument, as an owner or as a lessee, and on which the person |
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| is liable for the payment of property taxes. A homestead |
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| property includes the dwelling place, appurtenant structures, |
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| and so much of the surrounding land constituting the parcel on |
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| which the dwelling place is situated as is used for residential |
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| purposes. If the chief county assessment officer has |
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| established a specific legal description for a portion of the |
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| property constituting the homestead property, then the |
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| homestead property shall be limited to the property within that |
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| specific legal description.
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| (35 ILCS 200/15-167) |
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| Sec. 15-167. Returning Veterans' Homestead Exemption. |
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| (a) Beginning with taxable year 2007, a homestead |
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| exemption, limited to a reduction set forth under subsection |
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| (b), from the property's value, as equalized or assessed by the |
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| Department, is granted for homestead property that is owned and |
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| occupied as the principal residence of a veteran returning from |
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| an armed conflict involving the armed forces of the United |
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| States who is liable for paying real estate taxes on the |
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| property and is an owner of record of the property or has a |
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| legal or equitable interest therein as evidenced by a written |
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| instrument, except for a leasehold interest, other than a |
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| leasehold interest of land on which a single family residence |
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| is located, which is occupied as the principal residence of a |
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| veteran returning from an armed conflict involving the armed |
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| forces of the United States who has an ownership interest |
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| therein, legal, equitable or as a lessee, and on which he or |
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| she is liable for the payment of property taxes . For purposes |
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| of the exemption under this Section, "veteran" means an |
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| Illinois resident who has served as a member of the United |
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| States Armed Forces, a member of the Illinois National Guard, |
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| or a member of the United States Reserve Forces. |
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| (b) In all counties, the reduction is $5,000 and only for |
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| the taxable year in which the veteran returns from active duty |
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| in an armed conflict involving the armed forces of the United |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| States. For land improved with an apartment building owned and |
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| operated as a cooperative, the maximum reduction from the value |
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| of the property, as equalized by the Department, must be |
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| multiplied by the number of apartments or units occupied by a |
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| veteran returning from an armed conflict involving the armed |
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| forces of the United States who is liable, by contract with the |
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| owner or owners of record, for paying property taxes on the |
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| property and is an owner of record of a legal or equitable |
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| interest in the cooperative apartment building, other than a |
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| leasehold interest. In a cooperative where a homestead |
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| exemption has been granted, the cooperative association or the |
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| management firm of the cooperative or facility shall credit the |
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| savings resulting from that exemption only to the apportioned |
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| tax liability of the owner or resident who qualified for the |
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| exemption. Any person who willfully refuses to so credit the |
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| savings is guilty of a Class B misdemeanor. |
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| (c) Application must be made during the application period |
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| in effect for the county of his or her residence. The assessor |
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| or chief county assessment officer may determine the |
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| eligibility of residential property to receive the homestead |
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| exemption provided by this Section by application, visual |
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| inspection, questionnaire, or other reasonable methods. The |
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| determination must be made in accordance with guidelines |
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| established by the Department. |
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| (d) The exemption under this Section is in addition to any |
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| other homestead exemption provided in this Article 15. |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, no |
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| reimbursement by the State is required for the implementation |
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| of any mandate created by this Section.
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| (Source: P.A. 95-644, eff. 10-12-07.)
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| (35 ILCS 200/15-168)
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| Sec. 15-168. Disabled persons' homestead exemption. |
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| (a) Beginning with taxable year 2007, an
annual homestead |
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| exemption is granted to disabled persons in
the amount of |
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| $2,000, except as provided in subsection (c), to
be deducted |
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| from the homestead property's value as equalized or assessed
by |
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| the Department of Revenue. The disabled person shall receive
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| the homestead exemption upon meeting the following
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| requirements: |
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| (1) The property must be occupied as the primary |
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| residence by the disabled person. |
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| (2) The disabled person must be liable for paying the
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| real estate taxes on the property. |
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| (3) The disabled person must be an owner of record of
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| the property or have a legal or equitable interest in the
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| property as evidenced by a written instrument. In the case
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| of a leasehold interest in property, the lease must be for
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| a single family residence. |
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| A person who is disabled during the taxable year
is |
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| eligible to apply for this homestead exemption during that
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| taxable year. Application must be made during the
application |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| period in effect for the county of residence. If a
homestead |
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| exemption has been granted under this Section and the
person |
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| awarded the exemption subsequently becomes a resident of
a |
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| facility licensed under the Nursing Home Care Act, then the
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| exemption shall continue (i) so long as the residence continues
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| to be occupied by the qualifying person's spouse or (ii) if the
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| residence remains unoccupied but is still owned by the person
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| qualified for the homestead exemption. |
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| (b) For the purposes of this Section, "disabled person"
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| means a person unable to engage in any substantial gainful |
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| activity by reason of a medically determinable physical or |
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| mental impairment which can be expected to result in death or |
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| has lasted or can be expected to last for a continuous period |
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| of not less than 12 months. Disabled persons filing claims |
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| under this Act shall submit proof of disability in such form |
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| and manner as the Department shall by rule and regulation |
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| prescribe. Proof that a claimant is eligible to receive |
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| disability benefits under the Federal Social Security Act shall |
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| constitute proof of disability for purposes of this Act. |
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| Issuance of an Illinois Disabled Person Identification Card |
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| stating that the claimant is under a Class 2 disability, as |
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| defined in Section 4A of The Illinois Identification Card Act, |
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| shall constitute proof that the person named thereon is a |
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| disabled person for purposes of this Act. A disabled person not |
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| covered under the Federal Social Security Act and not |
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| presenting a Disabled Person Identification Card stating that |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| the claimant is under a Class 2 disability shall be examined by |
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| a physician designated by the Department, and his status as a |
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| disabled person determined using the same standards as used by |
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| the Social Security Administration. The costs of any required |
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| examination shall be borne by the claimant. |
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| (c) For land improved with (i) an apartment building owned
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| and operated as a cooperative or (ii) a life care facility as
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| defined under Section 2 of the Life Care Facilities Act that is
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| considered to be a cooperative, the maximum reduction from the
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| value of the property, as equalized or assessed by the
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| Department, shall be multiplied by the number of apartments or
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| units occupied by a disabled person. The disabled person shall
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| receive the homestead exemption upon meeting the following
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| requirements: |
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| (1) The property must be occupied as the primary |
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| residence by the
disabled person. |
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| (2) The disabled person must be liable by contract with
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| the owner or owners of record for paying the apportioned
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| property taxes on the property of the cooperative or life
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| care facility. In the case of a life care facility, the
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| disabled person must be liable for paying the apportioned
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| property taxes under a life care contract as defined in |
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| Section 2 of the Life Care Facilities Act. |
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| (3) The disabled person must be an owner of record of a
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| legal or equitable interest in the cooperative apartment
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| building. A leasehold interest does not meet this
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| requirement.
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| If a homestead exemption is granted under this subsection, the
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| cooperative association or management firm shall credit the
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| savings resulting from the exemption to the apportioned tax
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| liability of the qualifying disabled person. The chief county
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| assessment officer may request reasonable proof that the
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| association or firm has properly credited the exemption. A
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| person who willfully refuses to credit an exemption to the
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| qualified disabled person is guilty of a Class B misdemeanor.
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| (d) The chief county assessment officer shall determine the
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| eligibility of property to receive the homestead exemption
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| according to guidelines established by the Department. After a
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| person has received an exemption under this Section, an annual
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| verification of eligibility for the exemption shall be mailed
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| to the taxpayer. |
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| In counties with fewer than 3,000,000 inhabitants, the |
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| chief county assessment officer shall provide to each
person |
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| granted a homestead exemption under this Section a form
to |
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| designate any other person to receive a duplicate of any
notice |
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| of delinquency in the payment of taxes assessed and
levied |
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| under this Code on the person's qualifying property. The
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| duplicate notice shall be in addition to the notice required to
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| be provided to the person receiving the exemption and shall be |
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| given in the manner required by this Code. The person filing
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| the request for the duplicate notice shall pay an
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| administrative fee of $5 to the chief county assessment
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| officer. The assessment officer shall then file the executed
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| designation with the county collector, who shall issue the
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| duplicate notices as indicated by the designation. A
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| designation may be rescinded by the disabled person in the
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| manner required by the chief county assessment officer. |
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| (e) A taxpayer who claims an exemption under Section 15-165 |
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| or 15-169 may not claim an exemption under this Section.
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| (Source: P.A. 95-644, eff. 10-12-07.)
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| (35 ILCS 200/15-170)
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| Sec. 15-170. Senior Citizens Homestead Exemption. An |
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| annual homestead
exemption limited, except as described here |
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| with relation to cooperatives or
life care facilities, to a
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| maximum reduction set forth below from the homestead property's |
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| value, as equalized or
assessed by the Department, is granted |
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| for property of that is occupied as a
residence by a person 65 |
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| years of age or older who is liable for paying real
estate |
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| taxes on the property and is an owner of record of the property |
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| or has a
legal or equitable interest therein as evidenced by a |
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| written instrument,
except for a leasehold interest, other than |
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| a leasehold interest of land on
which a single family residence |
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| is located, which is occupied as a residence by
a person 65 |
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| years or older who has an ownership interest therein, legal,
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| equitable or as a lessee, and on which he or she is liable for |
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| the payment
of property taxes . Before taxable year 2004, the |
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| maximum reduction shall be $2,500 in counties with
3,000,000 or |
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HB3825 |
- 9 - |
LRB096 09398 RCE 19555 b |
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| more inhabitants and $2,000 in all other counties. For taxable |
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| years 2004 through 2005, the maximum reduction shall be $3,000 |
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| in all counties. For taxable years 2006 and 2007, the maximum |
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| reduction shall be $3,500 and, for taxable years 2008 and |
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| thereafter, the maximum reduction is $4,000 in all counties.
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| For land
improved with an apartment building owned and |
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| operated as a cooperative, the maximum reduction from the value |
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| of the property, as
equalized
by the Department, shall be |
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| multiplied by the number of apartments or units
occupied by a |
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| person 65 years of age or older who is liable, by contract with
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| the owner or owners of record, for paying property taxes on the |
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| property and
is an owner of record of a legal or equitable |
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| interest in the cooperative
apartment building, other than a |
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| leasehold interest. For land improved with
a life care |
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| facility, the maximum reduction from the value of the property, |
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| as
equalized by the Department, shall be multiplied by the |
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| number of apartments or
units occupied by persons 65 years of |
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| age or older, irrespective of any legal,
equitable, or |
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| leasehold interest in the facility, who are liable, under a
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| contract with the owner or owners of record of the facility, |
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| for paying
property taxes on the property. In a
cooperative or |
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| a life care facility where a
homestead exemption has been |
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| granted, the cooperative association or the
management firm of |
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| the cooperative or facility shall credit the savings
resulting |
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| from that exemption only to
the apportioned tax liability of |
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| the owner or resident who qualified for
the exemption.
Any |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| person who willfully refuses to so credit the savings shall be |
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| guilty of a
Class B misdemeanor. Under this Section and |
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| Sections 15-175, 15-176, and 15-177, "life care
facility" means |
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| a facility, as defined in Section 2 of the Life Care Facilities
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| Act, with which the applicant for the homestead exemption has a |
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| life care
contract as defined in that Act.
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| When a homestead exemption has been granted under this |
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| Section and the person
qualifying subsequently becomes a |
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| resident of a facility licensed under the
Nursing Home Care |
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| Act, the exemption shall continue so long as the residence
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| continues to be occupied by the qualifying person's spouse if |
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| the spouse is 65
years of age or older, or if the residence |
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| remains unoccupied but is still
owned by the person qualified |
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| for the homestead exemption.
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| A person who will be 65 years of age
during the current |
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| assessment year
shall
be eligible to apply for the homestead |
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| exemption during that assessment
year.
Application shall be |
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| made during the application period in effect for the
county of |
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| his residence.
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| Beginning with assessment year 2003, for taxes payable in |
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| 2004, homestead
property
that is first occupied as a residence |
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| after January 1 of any assessment year by
a person who is |
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| eligible for the senior citizens homestead exemption under this
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| Section must be granted a pro-rata exemption for the assessment |
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| year. The
amount of the pro-rata exemption is the exemption
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| allowed in the county under this Section divided by 365 and |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| multiplied by the
number of days during the assessment year the |
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| property is occupied as a
residence by a
person eligible for |
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| the exemption under this Section. The chief county
assessment |
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| officer must adopt reasonable procedures to establish |
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| eligibility
for this pro-rata exemption.
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| The assessor or chief county assessment officer may |
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| determine the eligibility
of a life care facility to receive |
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| the benefits provided by this Section, by
affidavit, |
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| application, visual inspection, questionnaire or other |
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| reasonable
methods in order to insure that the tax savings |
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| resulting from the exemption
are credited by the management |
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| firm to the apportioned tax liability of each
qualifying |
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| resident. The assessor may request reasonable proof that the
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| management firm has so credited the exemption.
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| The chief county assessment officer of each county with |
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| less than 3,000,000
inhabitants shall provide to each person |
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| allowed a homestead exemption under
this Section a form to |
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| designate any other person to receive a
duplicate of any notice |
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| of delinquency in the payment of taxes assessed and
levied |
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| under this Code on the property of the person receiving the |
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| exemption.
The duplicate notice shall be in addition to the |
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| notice required to be
provided to the person receiving the |
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| exemption, and shall be given in the
manner required by this |
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| Code. The person filing the request for the duplicate
notice |
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| shall pay a fee of $5 to cover administrative costs to the |
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| supervisor of
assessments, who shall then file the executed |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| designation with the county
collector. Notwithstanding any |
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| other provision of this Code to the contrary,
the filing of |
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| such an executed designation requires the county collector to
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| provide duplicate notices as indicated by the designation. A |
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| designation may
be rescinded by the person who executed such |
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| designation at any time, in the
manner and form required by the |
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| chief county assessment officer.
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| The assessor or chief county assessment officer may |
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| determine the
eligibility of residential property to receive |
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| the homestead exemption provided
by this Section by |
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| application, visual inspection, questionnaire or other
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| reasonable methods. The determination shall be made in |
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| accordance with
guidelines established by the Department.
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| In counties with less than 3,000,000 inhabitants, the |
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| county board may by
resolution provide that if a person has |
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| been granted a homestead exemption
under this Section, the |
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| person qualifying need not reapply for the exemption.
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| In counties with less than 3,000,000 inhabitants, if the |
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| assessor or chief
county assessment officer requires annual |
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| application for verification of
eligibility for an exemption |
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| once granted under this Section, the application
shall be |
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| mailed to the taxpayer.
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| The assessor or chief county assessment officer shall |
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| notify each person
who qualifies for an exemption under this |
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| Section that the person may also
qualify for deferral of real |
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| estate taxes under the Senior Citizens Real Estate
Tax Deferral |
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HB3825 |
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LRB096 09398 RCE 19555 b |
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| Act. The notice shall set forth the qualifications needed for
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| deferral of real estate taxes, the address and telephone number |
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| of
county collector, and a
statement that applications for |
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| deferral of real estate taxes may be obtained
from the county |
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| collector.
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, |
7 |
| no
reimbursement by the State is required for the |
8 |
| implementation of any mandate
created by this Section.
|
9 |
| (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07; |
10 |
| 95-876, eff. 8-21-08.)
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| (35 ILCS 200/15-172)
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| Sec. 15-172. Senior Citizens Assessment Freeze Homestead |
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| Exemption.
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| (a) This Section may be cited as the Senior Citizens |
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| Assessment
Freeze Homestead Exemption.
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| (b) As used in this Section:
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| "Applicant" means an individual who has filed an |
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| application under this
Section.
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| "Base amount" means the base year equalized assessed value |
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| of the homestead property residence
plus the first year's |
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| equalized assessed value of any added improvements which
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| increased the assessed value of the homestead property |
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| residence after the base year.
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| "Base year" means the taxable year prior to the taxable |
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| year for which the
applicant first qualifies and applies for |
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HB3825 |
- 14 - |
LRB096 09398 RCE 19555 b |
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| the exemption provided that in the
prior taxable year the |
2 |
| homestead property was improved with a permanent structure that
|
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| was occupied as a residence by the applicant who was liable for |
4 |
| paying real
property taxes on the property and who was either |
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| (i) an owner of record of the
property or had legal or |
6 |
| equitable interest in the property as evidenced by a
written |
7 |
| instrument or (ii) had a legal or equitable interest as a |
8 |
| lessee in the
parcel of property that was single family |
9 |
| residence .
If in any subsequent taxable year for which the |
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| applicant applies and
qualifies for the exemption the equalized |
11 |
| assessed value of the homestead property residence is
less than |
12 |
| the equalized assessed value in the existing base year
|
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| (provided that such equalized assessed value is not
based
on an
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| assessed value that results from a temporary irregularity in |
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| the property that
reduces the
assessed value for one or more |
16 |
| taxable years), then that
subsequent taxable year shall become |
17 |
| the base year until a new base year is
established under the |
18 |
| terms of this paragraph. For taxable year 1999 only, the
Chief |
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| County Assessment Officer shall review (i) all taxable years |
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| for which
the
applicant applied and qualified for the exemption |
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| and (ii) the existing base
year.
The assessment officer shall |
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| select as the new base year the year with the
lowest equalized |
23 |
| assessed value.
An equalized assessed value that is based on an |
24 |
| assessed value that results
from a
temporary irregularity in |
25 |
| the property that reduces the assessed value for one
or more
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26 |
| taxable years shall not be considered the lowest equalized |
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HB3825 |
- 15 - |
LRB096 09398 RCE 19555 b |
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|
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| assessed value.
The selected year shall be the base year for
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| taxable year 1999 and thereafter until a new base year is |
3 |
| established under the
terms of this paragraph.
|
4 |
| "Chief County Assessment Officer" means the County |
5 |
| Assessor or Supervisor of
Assessments of the county in which |
6 |
| the property is located.
|
7 |
| "Equalized assessed value" means the assessed value as |
8 |
| equalized by the
Illinois Department of Revenue.
|
9 |
| "Homestead property" has the same meaning as provided in |
10 |
| Section 1-172 of this Act. |
11 |
| "Household" means the applicant, the spouse of the |
12 |
| applicant, and all persons
using the residence of the applicant |
13 |
| as their principal place of residence.
|
14 |
| "Household income" means the combined income of the members |
15 |
| of a household
for the calendar year preceding the taxable |
16 |
| year.
|
17 |
| "Income" has the same meaning as provided in Section 3.07 |
18 |
| of the Senior
Citizens and Disabled Persons Property Tax Relief |
19 |
| and Pharmaceutical Assistance
Act, except that, beginning in |
20 |
| assessment year 2001, "income" does not
include veteran's |
21 |
| benefits.
|
22 |
| "Internal Revenue Code of 1986" means the United States |
23 |
| Internal Revenue Code
of 1986 or any successor law or laws |
24 |
| relating to federal income taxes in effect
for the year |
25 |
| preceding the taxable year.
|
26 |
| "Life care facility that qualifies as a cooperative" means |
|
|
|
HB3825 |
- 16 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| a facility as
defined in Section 2 of the Life Care Facilities |
2 |
| Act.
|
3 |
| "Maximum income limitation" means: |
4 |
| (1) $35,000 prior
to taxable year 1999; |
5 |
| (2) $40,000 in taxable years 1999 through 2003; |
6 |
| (3) $45,000 in taxable years 2004 through 2005; |
7 |
| (4) $50,000 in taxable years 2006 and 2007; and |
8 |
| (5) $55,000 in taxable year 2008 and thereafter.
|
9 |
| "Residence" means the principal dwelling place and |
10 |
| appurtenant structures
used for residential purposes in this |
11 |
| State occupied on January 1 of the
taxable year by a household |
12 |
| and so much of the surrounding land, constituting
the parcel |
13 |
| upon which the dwelling place is situated, as is used for
|
14 |
| residential purposes. If the Chief County Assessment Officer |
15 |
| has established a
specific legal description for a portion of |
16 |
| property constituting the
residence, then that portion of |
17 |
| property shall be deemed the residence for the
purposes of this |
18 |
| Section.
|
19 |
| "Taxable year" means the calendar year during which ad |
20 |
| valorem property taxes
payable in the next succeeding year are |
21 |
| levied.
|
22 |
| (c) Beginning in taxable year 1994, a senior citizens |
23 |
| assessment freeze
homestead exemption is granted for real |
24 |
| property that is improved with a
permanent structure that is |
25 |
| occupied as a homestead property residence by an applicant who |
26 |
| (i) is
65 years of age or older during the taxable year, (ii) |
|
|
|
HB3825 |
- 17 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| has a household income that does not exceed the maximum income |
2 |
| limitation, (iii) is liable for paying real property taxes on
|
3 |
| the
property, and (iv) is an owner of record of the property or |
4 |
| has a legal or
equitable interest in the property as evidenced |
5 |
| by a written instrument. This
homestead exemption shall also |
6 |
| apply to a leasehold interest in a parcel of
property improved |
7 |
| with a permanent structure that is a single family residence
|
8 |
| that is occupied as a homestead property residence by a person |
9 |
| who (i) is 65 years of age or older
during the taxable year, |
10 |
| (ii) has a household income that does not exceed the maximum |
11 |
| income limitation,
(iii)
has a legal or equitable ownership |
12 |
| interest in the property as lessee, and (iv)
is liable for the |
13 |
| payment of real property taxes on that property.
|
14 |
| In counties of 3,000,000 or more inhabitants, the amount of |
15 |
| the exemption for all taxable years is the equalized assessed |
16 |
| value of the homestead property
residence in the taxable year |
17 |
| for which application is made minus the base
amount. In all |
18 |
| other counties, the amount of the exemption is as follows: (i) |
19 |
| through taxable year 2005 and for taxable year 2007 and |
20 |
| thereafter, the amount of this exemption shall be the equalized |
21 |
| assessed value of the homestead property
residence in the |
22 |
| taxable year for which application is made minus the base
|
23 |
| amount; and (ii) for
taxable year 2006, the amount of the |
24 |
| exemption is as follows:
|
25 |
| (1) For an applicant who has a household income of |
26 |
| $45,000 or less, the amount of the exemption is the |
|
|
|
HB3825 |
- 18 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| equalized assessed value of the homestead property
|
2 |
| residence in the taxable year for which application is made |
3 |
| minus the base
amount. |
4 |
| (2) For an applicant who has a household income |
5 |
| exceeding $45,000 but not exceeding $46,250, the amount of |
6 |
| the exemption is (i) the equalized assessed value of the |
7 |
| homestead property
residence in the taxable year for which |
8 |
| application is made minus the base
amount (ii) multiplied |
9 |
| by 0.8. |
10 |
| (3) For an applicant who has a household income |
11 |
| exceeding $46,250 but not exceeding $47,500, the amount of |
12 |
| the exemption is (i) the equalized assessed value of the |
13 |
| homestead property
residence in the taxable year for which |
14 |
| application is made minus the base
amount (ii) multiplied |
15 |
| by 0.6. |
16 |
| (4) For an applicant who has a household income |
17 |
| exceeding $47,500 but not exceeding $48,750, the amount of |
18 |
| the exemption is (i) the equalized assessed value of the |
19 |
| homestead property
residence in the taxable year for which |
20 |
| application is made minus the base
amount (ii) multiplied |
21 |
| by 0.4. |
22 |
| (5) For an applicant who has a household income |
23 |
| exceeding $48,750 but not exceeding $50,000, the amount of |
24 |
| the exemption is (i) the equalized assessed value of the |
25 |
| homestead property
residence in the taxable year for which |
26 |
| application is made minus the base
amount (ii) multiplied |
|
|
|
HB3825 |
- 19 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| by 0.2.
|
2 |
| When the applicant is a surviving spouse of an applicant |
3 |
| for a prior year for
the same homestead property residence for |
4 |
| which an exemption under this Section has been granted,
the |
5 |
| base year and base amount for that homestead property residence |
6 |
| are the same as for the
applicant for the prior year.
|
7 |
| Each year at the time the assessment books are certified to |
8 |
| the County Clerk,
the Board of Review or Board of Appeals shall |
9 |
| give to the County Clerk a list
of the assessed values of |
10 |
| improvements on each parcel qualifying for this
exemption that |
11 |
| were added after the base year for this parcel and that
|
12 |
| increased the assessed value of the property.
|
13 |
| In the case of land improved with an apartment building |
14 |
| owned and operated as
a cooperative or a building that is a |
15 |
| life care facility that qualifies as a
cooperative, the maximum |
16 |
| reduction from the equalized assessed value of the
property is |
17 |
| limited to the sum of the reductions calculated for each unit
|
18 |
| occupied as a residence by a person or persons (i) 65 years of |
19 |
| age or older, (ii) with a
household income that does not exceed |
20 |
| the maximum income limitation, (iii) who is liable, by contract |
21 |
| with the
owner
or owners of record, for paying real property |
22 |
| taxes on the property, and (iv) who is
an owner of record of a |
23 |
| legal or equitable interest in the cooperative
apartment |
24 |
| building, other than a leasehold interest. In the instance of a
|
25 |
| cooperative where a homestead exemption has been granted under |
26 |
| this Section,
the cooperative association or its management |
|
|
|
HB3825 |
- 20 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| firm shall credit the savings
resulting from that exemption |
2 |
| only to the apportioned tax liability of the
owner who |
3 |
| qualified for the exemption. Any person who willfully refuses |
4 |
| to
credit that savings to an owner who qualifies for the |
5 |
| exemption is guilty of a
Class B misdemeanor.
|
6 |
| When a homestead exemption has been granted under this |
7 |
| Section and an
applicant then becomes a resident of a facility |
8 |
| licensed under the Nursing Home
Care Act, the exemption shall |
9 |
| be granted in subsequent years so long as the homestead |
10 |
| property
residence (i) continues to be occupied by the |
11 |
| qualified applicant's spouse or
(ii) if remaining unoccupied, |
12 |
| is still owned by the qualified applicant for the
homestead |
13 |
| exemption.
|
14 |
| Beginning January 1, 1997, when an individual dies who |
15 |
| would have qualified
for an exemption under this Section, and |
16 |
| the surviving spouse does not
independently qualify for this |
17 |
| exemption because of age, the exemption under
this Section |
18 |
| shall be granted to the surviving spouse for the taxable year
|
19 |
| preceding and the taxable
year of the death, provided that, |
20 |
| except for age, the surviving spouse meets
all
other |
21 |
| qualifications for the granting of this exemption for those |
22 |
| years.
|
23 |
| When married persons maintain and reside in separate |
24 |
| residences qualifying as homestead property , the exemption |
25 |
| provided for
in this Section may be claimed by only one of such |
26 |
| persons and for only one
residence.
|
|
|
|
HB3825 |
- 21 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| For taxable year 1994 only, in counties having less than |
2 |
| 3,000,000
inhabitants, to receive the exemption, a person shall |
3 |
| submit an application by
February 15, 1995 to the Chief County |
4 |
| Assessment Officer
of the county in which the property is |
5 |
| located. In counties having 3,000,000
or more inhabitants, for |
6 |
| taxable year 1994 and all subsequent taxable years, to
receive |
7 |
| the exemption, a person
may submit an application to the Chief |
8 |
| County
Assessment Officer of the county in which the property |
9 |
| is located during such
period as may be specified by the Chief |
10 |
| County Assessment Officer. The Chief
County Assessment Officer |
11 |
| in counties of 3,000,000 or more inhabitants shall
annually |
12 |
| give notice of the application period by mail or by |
13 |
| publication. In
counties having less than 3,000,000 |
14 |
| inhabitants, beginning with taxable year
1995 and thereafter, |
15 |
| to receive the exemption, a person
shall
submit an
application |
16 |
| by July 1 of each taxable year to the Chief County Assessment
|
17 |
| Officer of the county in which the property is located. A |
18 |
| county may, by
ordinance, establish a date for submission of |
19 |
| applications that is
different than
July 1.
The applicant shall |
20 |
| submit with the
application an affidavit of the applicant's |
21 |
| total household income, age,
marital status (and if married the |
22 |
| name and address of the applicant's spouse,
if known), and |
23 |
| principal dwelling place of members of the household on January
|
24 |
| 1 of the taxable year. The Department shall establish, by rule, |
25 |
| a method for
verifying the accuracy of affidavits filed by |
26 |
| applicants under this Section, and the Chief County Assessment |
|
|
|
HB3825 |
- 22 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| Officer may conduct audits of any taxpayer claiming an |
2 |
| exemption under this Section to verify that the taxpayer is |
3 |
| eligible to receive the exemption. Each application shall |
4 |
| contain or be verified by a written declaration that it is made |
5 |
| under the penalties of perjury. A taxpayer's signing a |
6 |
| fraudulent application under this Act is perjury, as defined in |
7 |
| Section 32-2 of the Criminal Code of 1961.
The applications |
8 |
| shall be clearly marked as applications for the Senior
Citizens |
9 |
| Assessment Freeze Homestead Exemption and must contain a notice |
10 |
| that any taxpayer who receives the exemption is subject to an |
11 |
| audit by the Chief County Assessment Officer.
|
12 |
| Notwithstanding any other provision to the contrary, in |
13 |
| counties having fewer
than 3,000,000 inhabitants, if an |
14 |
| applicant fails
to file the application required by this |
15 |
| Section in a timely manner and this
failure to file is due to a |
16 |
| mental or physical condition sufficiently severe so
as to |
17 |
| render the applicant incapable of filing the application in a |
18 |
| timely
manner, the Chief County Assessment Officer may extend |
19 |
| the filing deadline for
a period of 30 days after the applicant |
20 |
| regains the capability to file the
application, but in no case |
21 |
| may the filing deadline be extended beyond 3
months of the |
22 |
| original filing deadline. In order to receive the extension
|
23 |
| provided in this paragraph, the applicant shall provide the |
24 |
| Chief County
Assessment Officer with a signed statement from |
25 |
| the applicant's physician
stating the nature and extent of the |
26 |
| condition, that, in the
physician's opinion, the condition was |
|
|
|
HB3825 |
- 23 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| so severe that it rendered the applicant
incapable of filing |
2 |
| the application in a timely manner, and the date on which
the |
3 |
| applicant regained the capability to file the application.
|
4 |
| Beginning January 1, 1998, notwithstanding any other |
5 |
| provision to the
contrary, in counties having fewer than |
6 |
| 3,000,000 inhabitants, if an applicant
fails to file the |
7 |
| application required by this Section in a timely manner and
|
8 |
| this failure to file is due to a mental or physical condition |
9 |
| sufficiently
severe so as to render the applicant incapable of |
10 |
| filing the application in a
timely manner, the Chief County |
11 |
| Assessment Officer may extend the filing
deadline for a period |
12 |
| of 3 months. In order to receive the extension provided
in this |
13 |
| paragraph, the applicant shall provide the Chief County |
14 |
| Assessment
Officer with a signed statement from the applicant's |
15 |
| physician stating the
nature and extent of the condition, and |
16 |
| that, in the physician's opinion, the
condition was so severe |
17 |
| that it rendered the applicant incapable of filing the
|
18 |
| application in a timely manner.
|
19 |
| In counties having less than 3,000,000 inhabitants, if an |
20 |
| applicant was
denied an exemption in taxable year 1994 and the |
21 |
| denial occurred due to an
error on the part of an assessment
|
22 |
| official, or his or her agent or employee, then beginning in |
23 |
| taxable year 1997
the
applicant's base year, for purposes of |
24 |
| determining the amount of the exemption,
shall be 1993 rather |
25 |
| than 1994. In addition, in taxable year 1997, the
applicant's |
26 |
| exemption shall also include an amount equal to (i) the amount |
|
|
|
HB3825 |
- 24 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| of
any exemption denied to the applicant in taxable year 1995 |
2 |
| as a result of using
1994, rather than 1993, as the base year, |
3 |
| (ii) the amount of any exemption
denied to the applicant in |
4 |
| taxable year 1996 as a result of using 1994, rather
than 1993, |
5 |
| as the base year, and (iii) the amount of the exemption |
6 |
| erroneously
denied for taxable year 1994.
|
7 |
| For purposes of this Section, a person who will be 65 years |
8 |
| of age during the
current taxable year shall be eligible to |
9 |
| apply for the homestead exemption
during that taxable year. |
10 |
| Application shall be made during the application
period in |
11 |
| effect for the county of his or her residence.
|
12 |
| The Chief County Assessment Officer may determine the |
13 |
| eligibility of a life
care facility that qualifies as a |
14 |
| cooperative to receive the benefits
provided by this Section by |
15 |
| use of an affidavit, application, visual
inspection, |
16 |
| questionnaire, or other reasonable method in order to insure |
17 |
| that
the tax savings resulting from the exemption are credited |
18 |
| by the management
firm to the apportioned tax liability of each |
19 |
| qualifying resident. The Chief
County Assessment Officer may |
20 |
| request reasonable proof that the management firm
has so |
21 |
| credited that exemption.
|
22 |
| Except as provided in this Section, all information |
23 |
| received by the chief
county assessment officer or the |
24 |
| Department from applications filed under this
Section, or from |
25 |
| any investigation conducted under the provisions of this
|
26 |
| Section, shall be confidential, except for official purposes or
|
|
|
|
HB3825 |
- 25 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| pursuant to official procedures for collection of any State or |
2 |
| local tax or
enforcement of any civil or criminal penalty or |
3 |
| sanction imposed by this Act or
by any statute or ordinance |
4 |
| imposing a State or local tax. Any person who
divulges any such |
5 |
| information in any manner, except in accordance with a proper
|
6 |
| judicial order, is guilty of a Class A misdemeanor.
|
7 |
| Nothing contained in this Section shall prevent the |
8 |
| Director or chief county
assessment officer from publishing or |
9 |
| making available reasonable statistics
concerning the |
10 |
| operation of the exemption contained in this Section in which
|
11 |
| the contents of claims are grouped into aggregates in such a |
12 |
| way that
information contained in any individual claim shall |
13 |
| not be disclosed.
|
14 |
| (d) Each Chief County Assessment Officer shall annually |
15 |
| publish a notice
of availability of the exemption provided |
16 |
| under this Section. The notice
shall be published at least 60 |
17 |
| days but no more than 75 days prior to the date
on which the |
18 |
| application must be submitted to the Chief County Assessment
|
19 |
| Officer of the county in which the property is located. The |
20 |
| notice shall
appear in a newspaper of general circulation in |
21 |
| the county.
|
22 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, |
23 |
| no reimbursement by the State is required for the |
24 |
| implementation of any mandate created by this Section.
|
25 |
| (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07.)
|
|
|
|
HB3825 |
- 26 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| (35 ILCS 200/15-175)
|
2 |
| Sec. 15-175. General homestead exemption. Except as |
3 |
| provided in Sections 15-176 and 15-177, homestead
property is
|
4 |
| entitled to an annual homestead exemption limited, except as |
5 |
| described here
with relation to cooperatives, to a reduction in |
6 |
| the equalized assessed value
of homestead property equal to the |
7 |
| increase in equalized assessed value for the
current assessment |
8 |
| year above the equalized assessed value of the property for
|
9 |
| 1977, up to the maximum reduction set forth below. If however, |
10 |
| the 1977
equalized assessed value upon which taxes were paid is |
11 |
| subsequently determined
by local assessing officials, the |
12 |
| Property Tax Appeal Board, or a court to have
been excessive, |
13 |
| the equalized assessed value which should have been placed on
|
14 |
| the property for 1977 shall be used to determine the amount of |
15 |
| the exemption.
|
16 |
| Except as provided in Section 15-176, the maximum reduction |
17 |
| before taxable year 2004 shall be
$4,500 in counties with |
18 |
| 3,000,000 or more
inhabitants
and $3,500 in all other counties. |
19 |
| Except as provided in Sections 15-176 and 15-177, for taxable |
20 |
| years 2004 through 2007, the maximum reduction shall be $5,000, |
21 |
| for taxable year 2008, the maximum reduction is $5,500, and, |
22 |
| for taxable years 2009 and thereafter, the maximum reduction is |
23 |
| $6,000 in all counties. If a county has elected to subject |
24 |
| itself to the provisions of Section 15-176 as provided in |
25 |
| subsection (k) of that Section, then, for the first taxable |
26 |
| year only after the provisions of Section 15-176 no longer |
|
|
|
HB3825 |
- 27 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| apply, for owners who, for the taxable year, have not been |
2 |
| granted a senior citizens assessment freeze homestead |
3 |
| exemption under Section 15-172 or a long-time occupant |
4 |
| homestead exemption under Section 15-177, there shall be an |
5 |
| additional exemption of $5,000 for owners with a household |
6 |
| income of $30,000 or less.
|
7 |
| In counties with fewer than 3,000,000 inhabitants, if, |
8 |
| based on the most
recent assessment, the equalized assessed |
9 |
| value of
the homestead property for the current assessment year |
10 |
| is greater than the
equalized assessed value of the property |
11 |
| for 1977, the owner of the property
shall automatically receive |
12 |
| the exemption granted under this Section in an
amount equal to |
13 |
| the increase over the 1977 assessment up to the maximum
|
14 |
| reduction set forth in this Section.
|
15 |
| If in any assessment year beginning with the 2000 |
16 |
| assessment year,
homestead property has a pro-rata valuation |
17 |
| under
Section 9-180 resulting in an increase in the assessed |
18 |
| valuation, a reduction
in equalized assessed valuation equal to |
19 |
| the increase in equalized assessed
value of the property for |
20 |
| the year of the pro-rata valuation above the
equalized assessed |
21 |
| value of the property for 1977 shall be applied to the
property |
22 |
| on a proportionate basis for the period the property qualified |
23 |
| as
homestead property during the assessment year. The maximum |
24 |
| proportionate
homestead exemption shall not exceed the maximum |
25 |
| homestead exemption allowed in
the county under this Section |
26 |
| divided by 365 and multiplied by the number of
days the |
|
|
|
HB3825 |
- 28 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| property qualified as homestead property.
|
2 |
| "Homestead property" has the same meaning as provided in |
3 |
| Section 1-72 of this Act under this Section includes |
4 |
| residential property that is
occupied by its owner or owners as |
5 |
| his or their principal dwelling place, or
that is a leasehold |
6 |
| interest on which a single family residence is situated,
which |
7 |
| is occupied as a residence by a person who has an ownership |
8 |
| interest
therein, legal or equitable or as a lessee, and on |
9 |
| which the person is
liable for the payment of property taxes . |
10 |
| For land improved with
an apartment building owned and operated |
11 |
| as a cooperative or a building which
is a life care facility as |
12 |
| defined in Section 15-170 and considered to
be a cooperative |
13 |
| under Section 15-170, the maximum reduction from the equalized
|
14 |
| assessed value shall be limited to the increase in the value |
15 |
| above the
equalized assessed value of the property for 1977, up |
16 |
| to
the maximum reduction set forth above, multiplied by the |
17 |
| number of apartments
or units occupied by a person or persons |
18 |
| who is liable, by contract with the
owner or owners of record, |
19 |
| for paying property taxes on the property and is an
owner of |
20 |
| record of a legal or equitable interest in the cooperative
|
21 |
| apartment building, other than a leasehold interest. For |
22 |
| purposes of this
Section, the term "life care facility" has the |
23 |
| meaning stated in Section
15-170.
|
24 |
| "Household", as used in this Section,
means the owner, the |
25 |
| spouse of the owner, and all persons using
the homestead |
26 |
| property
residence of the owner as their principal place of |
|
|
|
HB3825 |
- 29 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| residence.
|
2 |
| "Household income", as used in this Section,
means the |
3 |
| combined income of the members of a household
for the calendar |
4 |
| year preceding the taxable year.
|
5 |
| "Income", as used in this Section,
has the same meaning as |
6 |
| provided in Section 3.07 of the Senior
Citizens
and Disabled |
7 |
| Persons Property Tax Relief and Pharmaceutical Assistance Act,
|
8 |
| except that
"income" does not include veteran's benefits.
|
9 |
| In a cooperative where a homestead exemption has been |
10 |
| granted, the
cooperative association or its management firm |
11 |
| shall credit the savings
resulting from that exemption only to |
12 |
| the apportioned tax liability of the
owner who qualified for |
13 |
| the exemption. Any person who willfully refuses to so
credit |
14 |
| the savings shall be guilty of a Class B misdemeanor.
|
15 |
| Where married persons maintain and reside in separate |
16 |
| residences qualifying
as homestead property, each residence |
17 |
| shall receive 50% of the total reduction
in equalized assessed |
18 |
| valuation provided by this Section.
|
19 |
| In all counties, the assessor
or chief county assessment |
20 |
| officer may determine the
eligibility of residential property |
21 |
| to receive the homestead exemption and the amount of the |
22 |
| exemption by
application, visual inspection, questionnaire or |
23 |
| other reasonable methods. The
determination shall be made in |
24 |
| accordance with guidelines established by the
Department, |
25 |
| provided that the taxpayer applying for an additional general |
26 |
| exemption under this Section shall submit to the chief county |
|
|
|
HB3825 |
- 30 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| assessment officer an application with an affidavit of the |
2 |
| applicant's total household income, age, marital status (and, |
3 |
| if married, the name and address of the applicant's spouse, if |
4 |
| known), and principal dwelling place of members of the |
5 |
| household on January 1 of the taxable year. The Department |
6 |
| shall issue guidelines establishing a method for verifying the |
7 |
| accuracy of the affidavits filed by applicants under this |
8 |
| paragraph. The applications shall be clearly marked as |
9 |
| applications for the Additional General Homestead Exemption.
|
10 |
| In counties with fewer than 3,000,000 inhabitants, in the |
11 |
| event of a sale
of
homestead property the homestead exemption |
12 |
| shall remain in effect for the
remainder of the assessment year |
13 |
| of the sale. The assessor or chief county
assessment officer |
14 |
| may require the new
owner of the property to apply for the |
15 |
| homestead exemption for the following
assessment year.
|
16 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, |
17 |
| no reimbursement by the State is required for the |
18 |
| implementation of any mandate created by this Section.
|
19 |
| (Source: P.A. 95-644, eff. 10-12-07.)
|
20 |
| (35 ILCS 200/15-176)
|
21 |
| Sec. 15-176. Alternative general homestead exemption.
|
22 |
| (a) For the assessment years as determined under subsection |
23 |
| (j), in any county that has elected, by an ordinance in |
24 |
| accordance with subsection (k), to be subject to the provisions |
25 |
| of this Section in lieu of the provisions of Section 15-175, |
|
|
|
HB3825 |
- 31 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| homestead property is
entitled to
an annual homestead exemption |
2 |
| equal to a reduction in the property's equalized
assessed
value |
3 |
| calculated as provided in this Section.
|
4 |
| (b) As used in this Section:
|
5 |
| (1) "Assessor" means the supervisor of assessments or |
6 |
| the chief county assessment officer of each county.
|
7 |
| (2) "Adjusted homestead value" means the lesser of the |
8 |
| following values:
|
9 |
| (A) The property's base homestead value increased |
10 |
| by 7% for each
tax year after the base year through and |
11 |
| including the current tax year, or, if the property is |
12 |
| sold or ownership is otherwise transferred, the |
13 |
| property's base homestead value increased by 7% for |
14 |
| each tax year after the year of the sale or transfer |
15 |
| through and including the current tax year. The |
16 |
| increase by 7% each year is an increase by 7% over the |
17 |
| prior year.
|
18 |
| (B) The property's equalized assessed value for |
19 |
| the current tax
year minus: (i) $4,500 in Cook County |
20 |
| or $3,500 in all other counties in tax year 2003;
(ii) |
21 |
| $5,000 in all counties in tax years 2004 and 2005; and |
22 |
| (iii) the lesser of the amount of the general homestead |
23 |
| exemption under Section 15-175 or an amount equal to |
24 |
| the increase in the equalized assessed value for the |
25 |
| current tax year above the equalized assessed value for |
26 |
| 1977 in tax year 2006 and thereafter.
|
|
|
|
HB3825 |
- 32 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| (3) "Base homestead value".
|
2 |
| (A) Except as provided in subdivision (b)(3)(A-5) |
3 |
| or (b)(3)(B), "base homestead value" means the |
4 |
| equalized assessed value of the property for the base |
5 |
| year
prior to exemptions, minus (i) $4,500 in Cook |
6 |
| County or $3,500 in all other counties in tax year |
7 |
| 2003, (ii) $5,000 in all counties in tax years
2004 and |
8 |
| 2005, or (iii) the lesser of the amount of the general |
9 |
| homestead exemption under Section 15-175 or an amount |
10 |
| equal to the increase in the equalized assessed value |
11 |
| for the current tax year above the equalized assessed |
12 |
| value for 1977 in tax year 2006 and
thereafter, |
13 |
| provided that it was assessed for that
year as |
14 |
| residential property qualified for any of the |
15 |
| homestead exemptions
under Sections 15-170 through |
16 |
| 15-175 of this Code, then in force, and
further |
17 |
| provided that the property's assessment was not based |
18 |
| on a reduced
assessed value resulting from a temporary |
19 |
| irregularity in the property for
that year. Except as |
20 |
| provided in subdivision (b)(3)(B), if the property did |
21 |
| not have a
residential
equalized assessed value for the |
22 |
| base year, then "base homestead value" means the base
|
23 |
| homestead value established by the assessor under |
24 |
| subsection (c).
|
25 |
| (A-5) On or before September 1, 2007, in Cook |
26 |
| County, the base homestead value, as set forth under |
|
|
|
HB3825 |
- 33 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| subdivision (b)(3)(A) and except as provided under |
2 |
| subdivision (b) (3) (B), must be recalculated as the |
3 |
| equalized assessed value of the property for the base |
4 |
| year, prior to exemptions, minus: |
5 |
| (1) if the general assessment year for the |
6 |
| property was 2003, the lesser of (i) $4,500 or (ii) |
7 |
| the amount equal to the increase in equalized |
8 |
| assessed value for the 2002 tax year above the |
9 |
| equalized assessed value for 1977; |
10 |
| (2) if the general assessment year for the |
11 |
| property was 2004, the lesser of (i) $4,500 or (ii) |
12 |
| the amount equal to the increase in equalized |
13 |
| assessed value for the 2003 tax year above the |
14 |
| equalized assessed value for 1977; |
15 |
| (3) if the general assessment year for the |
16 |
| property was 2005, the lesser of (i) $5,000 or (ii) |
17 |
| the amount equal to the increase in equalized |
18 |
| assessed value for the 2004 tax year above the |
19 |
| equalized assessed value for 1977.
|
20 |
| (B) If the property is sold or ownership is |
21 |
| otherwise transferred, other than sales or transfers |
22 |
| between spouses or between a parent and a child, "base |
23 |
| homestead value" means the equalized assessed value of |
24 |
| the property at the time of the sale or transfer prior |
25 |
| to exemptions, minus: (i) $4,500 in Cook County or |
26 |
| $3,500 in all other counties in tax year 2003; (ii) |
|
|
|
HB3825 |
- 34 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| $5,000 in all counties in tax years 2004 and 2005; and |
2 |
| (iii) the lesser of the amount of the general homestead |
3 |
| exemption under Section 15-175 or an amount equal to |
4 |
| the increase in the equalized assessed value for the |
5 |
| current tax year above the equalized assessed value for |
6 |
| 1977 in tax year 2006 and thereafter, provided that it |
7 |
| was assessed as residential property qualified for any |
8 |
| of the homestead exemptions
under Sections 15-170 |
9 |
| through 15-175 of this Code, then in force, and
further |
10 |
| provided that the property's assessment was not based |
11 |
| on a reduced
assessed value resulting from a temporary |
12 |
| irregularity in the property.
|
13 |
| (3.5) "Base year" means (i) tax year 2002 in Cook |
14 |
| County or (ii) tax year 2005 or 2006 in all other counties |
15 |
| in accordance with the designation made by the county as |
16 |
| provided in subsection (k).
|
17 |
| (4) "Current tax year" means the tax year for which the |
18 |
| exemption under
this Section is being applied.
|
19 |
| (5) "Equalized assessed value" means the property's |
20 |
| assessed value as
equalized by the Department.
|
21 |
| (6) "Homestead" or "homestead property" has the same |
22 |
| meaning as provided in Section 1-72 of this Act. |
23 |
| Residential units in an apartment building owned and |
24 |
| operated as a cooperative, or as a life care facility, |
25 |
| which are occupied by persons who hold a legal or equitable |
26 |
| interest in the cooperative apartment building or life care |
|
|
|
HB3825 |
- 35 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| facility as owners or lessees, and who are liable by |
2 |
| contract for the payment of property taxes, shall be |
3 |
| included within this definition of homestead property. |
4 |
| means:
|
5 |
| (A) Residential property that as of January 1 of |
6 |
| the tax year is
occupied by its owner or owners as his, |
7 |
| her, or their principal dwelling
place, or that is a |
8 |
| leasehold interest on which a single family residence |
9 |
| is
situated, that is occupied as a residence by a |
10 |
| person who has a legal or
equitable interest therein |
11 |
| evidenced by a written instrument, as an owner
or as a |
12 |
| lessee, and on which the person is liable for the |
13 |
| payment of
property taxes. Residential units in an |
14 |
| apartment building owned and
operated as a |
15 |
| cooperative, or as a life care facility, which are |
16 |
| occupied by
persons who hold a legal or equitable |
17 |
| interest in the cooperative apartment
building or life |
18 |
| care facility as owners or lessees, and who are liable |
19 |
| by
contract for the payment of property taxes, shall be |
20 |
| included within this
definition of homestead property.
|
21 |
| (B) A homestead includes the dwelling place, |
22 |
| appurtenant
structures, and so much of the surrounding |
23 |
| land constituting the parcel on
which the dwelling |
24 |
| place is situated as is used for residential purposes. |
25 |
| If
the assessor has established a specific legal |
26 |
| description for a portion of
property constituting the |
|
|
|
HB3825 |
- 36 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| homestead, then the homestead shall be limited to
the |
2 |
| property within that description.
|
3 |
| (7) "Life care facility" means a facility as defined in |
4 |
| Section 2 of the
Life
Care Facilities Act.
|
5 |
| (c) If the homestead property did not have a residential |
6 |
| equalized assessed value for
the base year as provided in |
7 |
| subdivision (b)(3)(A) of this Section, then the assessor
shall |
8 |
| first determine an initial value for the property by comparison |
9 |
| with
assessed values for the base year of other properties |
10 |
| having physical and
economic characteristics similar to those |
11 |
| of the subject property, so that the
initial value is uniform |
12 |
| in relation to assessed values of those other
properties for |
13 |
| the base year. The product of the initial value multiplied by
|
14 |
| the equalized factor for the base year for homestead properties |
15 |
| in that county, less: (i) $4,500 in Cook County or $3,500 in |
16 |
| all other counties in tax years 2003; (ii) $5,000 in all |
17 |
| counties in tax year 2004 and 2005; and (iii) the lesser of the |
18 |
| amount of the general homestead exemption under Section 15-175 |
19 |
| or an amount equal to the increase in the equalized assessed |
20 |
| value for the current tax year above the equalized assessed |
21 |
| value for 1977 in tax year 2006 and thereafter, is the base |
22 |
| homestead value.
|
23 |
| For any tax year for which the assessor determines or |
24 |
| adjusts an initial
value and
hence a base homestead value under |
25 |
| this subsection (c), the initial value shall
be subject
to |
26 |
| review by the same procedures applicable to assessed values |
|
|
|
HB3825 |
- 37 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| established
under this
Code for that tax year.
|
2 |
| (d) The base homestead value shall remain constant, except |
3 |
| that the assessor
may
revise it under the following |
4 |
| circumstances:
|
5 |
| (1) If the equalized assessed value of a homestead |
6 |
| property for the current
tax year is less than the previous |
7 |
| base homestead value for that property, then the
current |
8 |
| equalized assessed value (provided it is not based on a |
9 |
| reduced assessed
value resulting from a temporary |
10 |
| irregularity in the property) shall become the
base |
11 |
| homestead value in subsequent tax years.
|
12 |
| (2) For any year in which new buildings, structures, or |
13 |
| other
improvements are constructed on the homestead |
14 |
| property that would increase its
assessed value, the |
15 |
| assessor shall adjust the base homestead value as provided |
16 |
| in
subsection (c) of this Section with due regard to the |
17 |
| value added by the new
improvements. |
18 |
| (3) If the property is sold or ownership is otherwise |
19 |
| transferred, the base homestead value of the property shall |
20 |
| be adjusted as provided in subdivision (b)(3)(B). This item |
21 |
| (3) does not apply to sales or transfers between spouses or |
22 |
| between a parent and a child.
|
23 |
| (4) the recalculation required in Cook County under |
24 |
| subdivision (b)(3)(A-5).
|
25 |
| (e) The amount of the exemption under this Section is the |
26 |
| equalized assessed
value of the homestead property for the |
|
|
|
HB3825 |
- 38 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| current tax year, minus the adjusted homestead
value, with the |
2 |
| following exceptions: |
3 |
| (1) In Cook County, the exemption under this Section |
4 |
| shall not exceed $20,000 for any taxable year through tax |
5 |
| year: |
6 |
| (i) 2005, if the general assessment year for the
|
7 |
| property is 2003; |
8 |
| (ii) 2006, if the general assessment year for the
|
9 |
| property is 2004; or |
10 |
| (iii) 2007, if the general assessment year for the
|
11 |
| property is 2005. |
12 |
| (1.1) Thereafter, in Cook County, and in all other |
13 |
| counties, the exemption is as follows: |
14 |
| (i) if the general assessment year for the property |
15 |
| is 2006, then the exemption may not exceed: $33,000 for |
16 |
| taxable year 2006; $26,000 for taxable year 2007; and |
17 |
| $20,000 for taxable year 2008; |
18 |
| (ii) if the general assessment year for the |
19 |
| property is 2007, then the exemption may not exceed: |
20 |
| $33,000 for taxable year 2007; $26,000 for taxable year |
21 |
| 2008; and $20,000 for taxable year 2009; and |
22 |
| (iii) if the general assessment year for the |
23 |
| property is 2008, then the exemption may not exceed: |
24 |
| $33,000 for taxable year 2008; $26,000 for taxable year |
25 |
| 2009; and $20,000 for taxable year 2010. |
26 |
| (1.5) In Cook County, for the 2006 taxable year only, the |
|
|
|
HB3825 |
- 39 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| maximum amount of the exemption set forth under subsection |
2 |
| (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if |
3 |
| the equalized assessed value of the property in that taxable |
4 |
| year exceeds the equalized assessed value of that property in |
5 |
| 2002 by 100% or more; or (ii) by $2,000 if the equalized |
6 |
| assessed value of the property in that taxable year exceeds the |
7 |
| equalized assessed value of that property in 2002 by more than |
8 |
| 80% but less than 100%.
|
9 |
| (2) In the case of homestead property that also |
10 |
| qualifies for
the exemption under Section 15-172, the |
11 |
| property is entitled to the exemption under
this Section, |
12 |
| limited to the amount of (i) $4,500 in Cook County or |
13 |
| $3,500 in all other counties in tax year 2003, (ii) $5,000 |
14 |
| in all counties in tax years 2004 and 2005, or (iii) the |
15 |
| lesser of the amount of the general homestead exemption |
16 |
| under Section 15-175 or an amount equal to the increase in |
17 |
| the equalized assessed value for the current tax year above |
18 |
| the equalized assessed value for 1977 in tax year 2006 and |
19 |
| thereafter.
|
20 |
| (f) In the case of an apartment building owned and operated |
21 |
| as a cooperative, or
as a life care facility, that contains |
22 |
| residential units that qualify as homestead property
under this |
23 |
| Section, the maximum cumulative exemption amount attributed to |
24 |
| the entire
building or facility shall not exceed the sum of the |
25 |
| exemptions calculated for each
qualified residential unit. The |
26 |
| cooperative association, management firm, or other person
or |
|
|
|
HB3825 |
- 40 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| entity that manages or controls the cooperative apartment |
2 |
| building or life care facility
shall credit the exemption |
3 |
| attributable to each residential unit only to the apportioned |
4 |
| tax
liability of the owner or other person responsible for |
5 |
| payment of taxes as to that unit.
Any person who willfully |
6 |
| refuses to so credit the exemption is guilty of a Class B
|
7 |
| misdemeanor.
|
8 |
| (g) When married persons maintain and reside in separate |
9 |
| residences qualifying as homestead property , the exemption |
10 |
| provided
under this Section shall be claimed by only one such |
11 |
| person and for only one residence.
|
12 |
| (h) In the event of a sale or other transfer in ownership |
13 |
| of the homestead property, the exemption under this
Section |
14 |
| shall remain in effect for the remainder of the tax year and be |
15 |
| calculated using the same base homestead value in which the |
16 |
| sale or transfer occurs, but (other than for sales or transfers |
17 |
| between spouses or between a parent and a child) shall be |
18 |
| calculated for any subsequent tax year using the new base |
19 |
| homestead value as provided in subdivision (b)(3)(B).
The |
20 |
| assessor may require the new owner of the property to apply for |
21 |
| the exemption in the
following year.
|
22 |
| (i) The assessor may determine whether property qualifies |
23 |
| as a homestead under
this Section by application, visual |
24 |
| inspection, questionnaire, or other
reasonable methods.
Each |
25 |
| year, at the time the assessment books are certified to the |
26 |
| county clerk
by the board
of review, the assessor shall furnish |
|
|
|
HB3825 |
- 41 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| to the county clerk a list of the
properties qualified
for the |
2 |
| homestead exemption under this Section. The list shall note the |
3 |
| base
homestead
value of each property to be used in the |
4 |
| calculation of the exemption for the
current tax
year.
|
5 |
| (j) In counties with 3,000,000 or more inhabitants, the |
6 |
| provisions of this Section apply as follows:
|
7 |
| (1) If the general assessment year for the property is |
8 |
| 2003, this Section
applies for assessment years 2003, 2004, |
9 |
| 2005, 2006, 2007, and 2008.
Thereafter, the provisions of |
10 |
| Section 15-175 apply.
|
11 |
| (2) If the general assessment year for the property is |
12 |
| 2004, this Section
applies for assessment years 2004, 2005, |
13 |
| 2006, 2007, 2008, and 2009.
Thereafter, the provisions of |
14 |
| Section 15-175 apply.
|
15 |
| (3) If the general assessment year for the property is |
16 |
| 2005, this Section
applies for assessment years 2005, 2006, |
17 |
| 2007, 2008, 2009, and 2010.
Thereafter, the provisions of |
18 |
| Section 15-175 apply. |
19 |
| In counties with less than 3,000,000 inhabitants, this |
20 |
| Section applies for assessment years (i) 2006, 2007, and 2008, |
21 |
| and 2009 if tax year 2005 is the designated base year or (ii) |
22 |
| 2007, 2008, 2009, and 2010 if tax year 2006 is the designated |
23 |
| base year. Thereafter, the provisions of Section 15-175 apply.
|
24 |
| (k) To be subject to the provisions of this Section in lieu |
25 |
| of Section 15-175, a county must adopt an ordinance to subject |
26 |
| itself to the provisions of this Section within 6 months after |
|
|
|
HB3825 |
- 42 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| the effective date of this amendatory Act of the 95th General |
2 |
| Assembly. In a county other than Cook County, the ordinance |
3 |
| must designate either tax year 2005
or tax year 2006
as the |
4 |
| base year.
|
5 |
| (l) Notwithstanding Sections 6 and 8 of the State Mandates |
6 |
| Act, no
reimbursement
by the State is required for the |
7 |
| implementation of any mandate created by this
Section.
|
8 |
| (Source: P.A. 95-644, eff. 10-12-07.)
|
9 |
| (35 ILCS 200/15-177) |
10 |
| Sec. 15-177. The long-time occupant homestead exemption. |
11 |
| (a) If the county has elected, under Section 15-176, to be |
12 |
| subject to the provisions of the alternative general homestead |
13 |
| exemption, then, for taxable years 2007 and thereafter, |
14 |
| regardless of whether the exemption under Section 15-176 |
15 |
| applies, qualified homestead property is
entitled to
an annual |
16 |
| homestead exemption equal to a reduction in the property's |
17 |
| equalized
assessed
value calculated as provided in this |
18 |
| Section. |
19 |
| (b) As used in this Section: |
20 |
| "Adjusted homestead value" means the lesser of
the |
21 |
| following values: |
22 |
| (1) The property's base homestead value increased
by: |
23 |
| (i) 10% for each taxable year after the base year through |
24 |
| and including the current tax year for qualified taxpayers |
25 |
| with a household income of more than $75,000 but not |
|
|
|
HB3825 |
- 43 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| exceeding $100,000; or (ii) 7% for each taxable year after |
2 |
| the base year through and including the current tax year |
3 |
| for qualified taxpayers with a household income of $75,000 |
4 |
| or less. The increase each year is an increase over the |
5 |
| prior year; or |
6 |
| (2) The property's equalized assessed value for
the |
7 |
| current tax year minus the general homestead deduction. |
8 |
| "Base homestead value" means: |
9 |
| (1) if the property did not have an adjusted homestead |
10 |
| value under Section 15-176 for the base year, then an |
11 |
| amount equal to the equalized assessed value of the |
12 |
| property for the base year prior to exemptions, minus the |
13 |
| general homestead deduction, provided that the property's |
14 |
| assessment was not based on a reduced assessed value |
15 |
| resulting from a temporary irregularity in the property for |
16 |
| that year; or |
17 |
| (2) if the property had an adjusted homestead value |
18 |
| under Section 15-176 for the base year, then an amount |
19 |
| equal to the adjusted homestead value of the property under |
20 |
| Section 15-176 for the base year. |
21 |
| "Base year" means the taxable year prior to the taxable |
22 |
| year in which the taxpayer first qualifies for the exemption |
23 |
| under this Section. |
24 |
| "Current taxable year" means the taxable year for which
the |
25 |
| exemption under this Section is being applied. |
26 |
| "Equalized assessed value" means the property's
assessed |
|
|
|
HB3825 |
- 44 - |
LRB096 09398 RCE 19555 b |
|
|
1 |
| value as equalized by the Department. |
2 |
| "Homestead" or "homestead property" has the same meaning as |
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| provided in Section 1-72 of this Act means residential property |
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| that as of January 1 of
the tax year is occupied by a qualified |
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| taxpayer as his or her principal dwelling place, or that is a |
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| leasehold interest on which a single family residence is |
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| situated, that is occupied as a residence by a qualified |
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| taxpayer who has a legal or equitable interest therein |
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| evidenced by a written instrument, as an owner or as a lessee, |
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| and on which the person is liable for the payment of property |
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| taxes . Residential units in an apartment building owned and |
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| operated as a cooperative, or as a life care facility, which |
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| are occupied by persons who hold a legal or equitable interest |
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| in the cooperative apartment building or life care facility as |
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| owners or lessees, and who are liable by contract for the |
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| payment of property taxes, are included within this definition |
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| of homestead property. A homestead includes the dwelling place,
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| appurtenant structures, and so much of the surrounding land |
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| constituting the parcel on which the dwelling place is situated |
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| as is used for residential purposes. If the assessor has |
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| established a specific legal description for a portion of |
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| property constituting the homestead, then the homestead is |
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| limited to the property within that description. |
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| "Household income" has the meaning set forth under Section |
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| 15-172 of this Code.
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| "General homestead deduction" means the amount of the |
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| general homestead exemption under Section 15-175.
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| "Life care facility" means a facility defined
in Section 2 |
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| of the Life Care Facilities Act. |
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| "Qualified homestead property" means homestead property |
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| owned by a qualified taxpayer.
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| "Qualified taxpayer" means any individual: |
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| (1) who, for at least 10 continuous years as of January |
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| 1 of the taxable year, has occupied the same homestead |
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| property as a principal residence and domicile or who, for |
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| at least 5 continuous years as of January 1 of the taxable |
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| year, has occupied the same homestead property as a |
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| principal residence and domicile if that person received |
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| assistance in the acquisition of the property as part of a |
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| government or nonprofit housing program; and |
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| (2) who has a household income of $100,000 or less.
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| (c) The base homestead value must remain constant, except |
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| that the assessor may revise it under any of the following |
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| circumstances: |
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| (1) If the equalized assessed value of a homestead
|
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| property for the current tax year is less than the previous |
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| base homestead value for that property, then the current |
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| equalized assessed value (provided it is not based on a |
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| reduced assessed value resulting from a temporary |
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| irregularity in the property) becomes the base homestead |
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| value in subsequent tax years. |
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| (2) For any year in which new buildings, structures,
or |
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| other improvements are constructed on the homestead |
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| property that would increase its assessed value, the |
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| assessor shall adjust the base homestead value with due |
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| regard to the value added by the new improvements. |
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| (d) The amount of the exemption under this Section is the |
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| greater of: (i) the equalized assessed value of the homestead |
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| property for the current tax year minus the adjusted homestead |
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| value; or (ii) the general homestead deduction. |
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| (e) In the case of an apartment building owned and operated |
10 |
| as a cooperative, or as a life care facility, that contains |
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| residential units that qualify as homestead property of a |
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| qualified taxpayer under this Section, the maximum cumulative |
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| exemption amount attributed to the entire building or facility |
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| shall not exceed the sum of the exemptions calculated for each |
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| unit that is a qualified homestead property. The cooperative |
16 |
| association, management firm, or other person or entity that |
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| manages or controls the cooperative apartment building or life |
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| care facility shall credit the exemption attributable to each |
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| residential unit only to the apportioned tax liability of the |
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| qualified taxpayer as to that unit. Any person who willfully |
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| refuses to so credit the exemption is guilty of a Class B |
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| misdemeanor. |
23 |
| (f) When married persons maintain separate residences, the |
24 |
| exemption provided under this Section may be claimed by only |
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| one such person and for only one residence. No person who |
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| receives an exemption under Section 15-172 of this Code may |
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| receive an exemption under this Section. No person who receives |
2 |
| an exemption under this Section may receive an exemption under |
3 |
| Section 15-175 or 15-176 of this Code. |
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| (g) In the event of a sale or other transfer in ownership |
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| of the homestead property between spouses or between a parent |
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| and a child, the exemption under this Section remains in effect |
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| if the new owner has a household income of $100,000 or less. |
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| (h) In the event of a sale or other transfer in ownership |
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| of the homestead property other than subsection (g) of this |
10 |
| Section, the exemption under this Section shall remain in |
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| effect for the remainder of the tax year and be calculated |
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| using the same base homestead value in which the sale or |
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| transfer occurs.
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| (i) To receive the exemption, a person must submit an |
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| application to the county assessor during the period specified |
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| by the county assessor. |
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| The county assessor shall annually give notice of the |
18 |
| application period by mail or by publication. |
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| The taxpayer must submit, with the application, an |
20 |
| affidavit of the taxpayer's total household income, marital |
21 |
| status (and if married the name and address of the applicant's |
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| 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 |
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| Chief County Assessment Officer may conduct audits of any |
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| 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 |
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| 1961. The applications shall be clearly marked as applications |
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| for the Long-time Occupant Homestead Exemption and must contain |
9 |
| a notice that any taxpayer who receives the exemption is |
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| subject to an audit by the Chief County Assessment Officer. |
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| (j) Notwithstanding Sections 6 and 8 of the State Mandates |
12 |
| Act, no reimbursement by the State is required for the |
13 |
| implementation of any mandate created by this Section.
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| (Source: P.A. 95-644, eff. 10-12-07.)
|
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| Section 99. Effective date. This Act takes effect upon |
16 |
| becoming law.
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