Bill Text: IL SB1821 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Property Tax Code. In provisions concerning the low-income senior citizens assessment freeze homestead exemption, provides that the applicant's income does not include up to $10,000 per household in required minimum distributions under the Internal Revenue Code from a retirement plan, retirement account, or retirement annuity. Provides that, for taxable year 2025 and thereafter, the maximum income limitation is $75,000 for all qualified property. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that an eligible taxpayer has a household income of not more than $75,000 for tax year 2025 and thereafter (currently, $65,000 for tax years 2022 through 2025 and $55,000 for tax year 2026 and thereafter). Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-06 - Referred to Assignments [SB1821 Detail]
Download: Illinois-2025-SB1821-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | |||||||||||||||||||||
5 | Section 15-172 as follows:
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6 | (35 ILCS 200/15-172) | |||||||||||||||||||||
7 | Sec. 15-172. Low-Income Senior Citizens Assessment Freeze | |||||||||||||||||||||
8 | Homestead Exemption. | |||||||||||||||||||||
9 | (a) This Section may be cited as the Low-Income Senior | |||||||||||||||||||||
10 | Citizens Assessment Freeze Homestead Exemption. | |||||||||||||||||||||
11 | (b) As used in this Section: | |||||||||||||||||||||
12 | "Applicant" means an individual who has filed an | |||||||||||||||||||||
13 | application under this Section. | |||||||||||||||||||||
14 | "Base amount" means the base year equalized assessed value | |||||||||||||||||||||
15 | of the residence plus the first year's equalized assessed | |||||||||||||||||||||
16 | value of any added improvements which increased the assessed | |||||||||||||||||||||
17 | value of the residence after the base year. | |||||||||||||||||||||
18 | "Base year" means the taxable year prior to the taxable | |||||||||||||||||||||
19 | year for which the applicant first qualifies and applies for | |||||||||||||||||||||
20 | the exemption provided that in the prior taxable year the | |||||||||||||||||||||
21 | property was improved with a permanent structure that was | |||||||||||||||||||||
22 | occupied as a residence by the applicant who was liable for | |||||||||||||||||||||
23 | paying real property taxes on the property and who was either |
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1 | (i) an owner of record of the property or had legal or | ||||||
2 | equitable interest in the property as evidenced by a written | ||||||
3 | instrument or (ii) had a legal or equitable interest as a | ||||||
4 | lessee in the parcel of property that was single family | ||||||
5 | residence. If in any subsequent taxable year for which the | ||||||
6 | applicant applies and qualifies for the exemption the | ||||||
7 | equalized assessed value of the residence is less than the | ||||||
8 | equalized assessed value in the existing base year (provided | ||||||
9 | that such equalized assessed value is not based on an assessed | ||||||
10 | value that results from a temporary irregularity in the | ||||||
11 | property that reduces the assessed value for one or more | ||||||
12 | taxable years), then that subsequent taxable year shall become | ||||||
13 | the base year until a new base year is established under the | ||||||
14 | terms of this paragraph. For taxable year 1999 only, the Chief | ||||||
15 | County Assessment Officer shall review (i) all taxable years | ||||||
16 | for which the applicant applied and qualified for the | ||||||
17 | exemption and (ii) the existing base year. The assessment | ||||||
18 | officer shall select as the new base year the year with the | ||||||
19 | lowest equalized assessed value. An equalized assessed value | ||||||
20 | that is based on an assessed value that results from a | ||||||
21 | temporary irregularity in the property that reduces the | ||||||
22 | assessed value for one or more taxable years shall not be | ||||||
23 | considered the lowest equalized assessed value. The selected | ||||||
24 | year shall be the base year for taxable year 1999 and | ||||||
25 | thereafter until a new base year is established under the | ||||||
26 | terms of this paragraph. |
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1 | "Chief County Assessment Officer" means the County | ||||||
2 | Assessor or Supervisor of Assessments of the county in which | ||||||
3 | the property is located. | ||||||
4 | "Equalized assessed value" means the assessed value as | ||||||
5 | equalized by the Illinois Department of Revenue. | ||||||
6 | "Household" means the applicant, the spouse of the | ||||||
7 | applicant, and all persons using the residence of the | ||||||
8 | applicant as their principal place of residence. | ||||||
9 | "Household income" means the combined income of the | ||||||
10 | members of a household for the calendar year preceding the | ||||||
11 | taxable year. | ||||||
12 | "Income" has the same meaning as provided in Section 3.07 | ||||||
13 | of the Senior Citizens and Persons with Disabilities Property | ||||||
14 | Tax Relief Act, except that, beginning in assessment year | ||||||
15 | 2001, "income" does not include veteran's benefits , and, | ||||||
16 | beginning in assessment year 2025, "income" does not include | ||||||
17 | up to $10,000 per household in required minimum distributions | ||||||
18 | under the Internal Revenue Code from a retirement plan, | ||||||
19 | retirement account, or retirement annuity . | ||||||
20 | "Internal Revenue Code of 1986" means the United States | ||||||
21 | Internal Revenue Code of 1986 or any successor law or laws | ||||||
22 | relating to federal income taxes in effect for the year | ||||||
23 | preceding the taxable year. | ||||||
24 | "Life care facility that qualifies as a cooperative" means | ||||||
25 | a facility as defined in Section 2 of the Life Care Facilities | ||||||
26 | Act. |
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1 | "Maximum income limitation" means: | ||||||
2 | (1) $35,000 prior to taxable year 1999; | ||||||
3 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
4 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
5 | (4) $50,000 in taxable years 2006 and 2007; | ||||||
6 | (5) $55,000 in taxable years 2008 through 2016; | ||||||
7 | (6) for taxable year 2017, (i) $65,000 for qualified | ||||||
8 | property located in a county with 3,000,000 or more | ||||||
9 | inhabitants and (ii) $55,000 for qualified property | ||||||
10 | located in a county with fewer than 3,000,000 inhabitants; | ||||||
11 | and | ||||||
12 | (7) for taxable years 2018 through 2024 and | ||||||
13 | thereafter , $65,000 for all qualified property ; and . | ||||||
14 | (8) for taxable years 2025 and thereafter, $75,000 for | ||||||
15 | all qualified property. | ||||||
16 | As an alternative income valuation, a homeowner who is | ||||||
17 | enrolled in any of the following programs may be presumed to | ||||||
18 | have household income that does not exceed the maximum income | ||||||
19 | limitation for that tax year as required by this Section: Aid | ||||||
20 | to the Aged, Blind or Disabled (AABD) Program or the | ||||||
21 | Supplemental Nutrition Assistance Program (SNAP), both of | ||||||
22 | which are administered by the Department of Human Services; | ||||||
23 | the Low Income Home Energy Assistance Program (LIHEAP), which | ||||||
24 | is administered by the Department of Commerce and Economic | ||||||
25 | Opportunity; The Benefit Access program, which is administered | ||||||
26 | by the Department on Aging; and the Senior Citizens Real |
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1 | Estate Tax Deferral Program. | ||||||
2 | A chief county assessment officer may indicate that he or | ||||||
3 | she has verified an applicant's income eligibility for this | ||||||
4 | exemption but may not report which program or programs, if | ||||||
5 | any, enroll the applicant. Release of personal information | ||||||
6 | submitted pursuant to this Section shall be deemed an | ||||||
7 | unwarranted invasion of personal privacy under the Freedom of | ||||||
8 | Information Act. | ||||||
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 | ||||||
18 | this 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 low-income senior | ||||||
23 | citizens assessment freeze homestead exemption is granted for | ||||||
24 | real property that is improved with a permanent structure that | ||||||
25 | is occupied as a residence by an applicant who (i) is 65 years | ||||||
26 | of age or older during the taxable year, (ii) has a household |
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1 | income that does not exceed the maximum income limitation, | ||||||
2 | (iii) is liable for paying real property taxes on the | ||||||
3 | property, and (iv) is an owner of record of the property or has | ||||||
4 | a legal or equitable interest in the property as evidenced by a | ||||||
5 | written instrument. This homestead exemption shall also apply | ||||||
6 | to a leasehold interest in a parcel of property improved with a | ||||||
7 | permanent structure that is a single family residence that is | ||||||
8 | occupied as a residence by a person who (i) is 65 years of age | ||||||
9 | or older during the taxable year, (ii) has a household income | ||||||
10 | that does not exceed the maximum income limitation, (iii) has | ||||||
11 | a legal or equitable ownership interest in the property as | ||||||
12 | lessee, and (iv) is liable for the payment of real property | ||||||
13 | taxes on that property. | ||||||
14 | In counties of 3,000,000 or more inhabitants, the amount | ||||||
15 | of the exemption for all taxable years is the equalized | ||||||
16 | assessed value of the residence in the taxable year for which | ||||||
17 | application is made minus the base amount. In all other | ||||||
18 | 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 | ||||||
21 | equalized assessed value of the residence in the taxable year | ||||||
22 | for which application is made minus the base amount; and (ii) | ||||||
23 | for taxable year 2006, the amount of the exemption is as | ||||||
24 | follows: | ||||||
25 | (1) For an applicant who has a household income of | ||||||
26 | $45,000 or less, the amount of the exemption is the |
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1 | equalized assessed value of the residence in the taxable | ||||||
2 | year for which application is made minus the base amount. | ||||||
3 | (2) For an applicant who has a household income | ||||||
4 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
5 | the exemption is (i) the equalized assessed value of the | ||||||
6 | residence in the taxable year for which application is | ||||||
7 | made minus the base amount (ii) multiplied by 0.8. | ||||||
8 | (3) For an applicant who has a household income | ||||||
9 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
10 | the exemption is (i) the equalized assessed value of the | ||||||
11 | residence in the taxable year for which application is | ||||||
12 | made minus the base amount (ii) multiplied by 0.6. | ||||||
13 | (4) For an applicant who has a household income | ||||||
14 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
15 | the exemption is (i) the equalized assessed value of the | ||||||
16 | residence in the taxable year for which application is | ||||||
17 | made minus the base amount (ii) multiplied by 0.4. | ||||||
18 | (5) For an applicant who has a household income | ||||||
19 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
20 | the exemption is (i) the equalized assessed value of the | ||||||
21 | residence in the taxable year for which application is | ||||||
22 | made minus the base amount (ii) multiplied by 0.2. | ||||||
23 | When the applicant is a surviving spouse of an applicant | ||||||
24 | for a prior year for the same residence for which an exemption | ||||||
25 | under this Section has been granted, the base year and base | ||||||
26 | amount for that residence are the same as for the applicant for |
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1 | the prior year. | ||||||
2 | Each year at the time the assessment books are certified | ||||||
3 | to the County Clerk, the Board of Review or Board of Appeals | ||||||
4 | shall give to the County Clerk a list of the assessed values of | ||||||
5 | improvements on each parcel qualifying for this exemption that | ||||||
6 | were added after the base year for this parcel and that | ||||||
7 | increased the assessed value of the property. | ||||||
8 | In the case of land improved with an apartment building | ||||||
9 | owned and operated as a cooperative or a building that is a | ||||||
10 | life care facility that qualifies as a cooperative, the | ||||||
11 | maximum reduction from the equalized assessed value of the | ||||||
12 | property is limited to the sum of the reductions calculated | ||||||
13 | for each unit occupied as a residence by a person or persons | ||||||
14 | (i) 65 years of age or older, (ii) with a household income that | ||||||
15 | does not exceed the maximum income limitation, (iii) who is | ||||||
16 | liable, by contract with the owner or owners of record, for | ||||||
17 | paying real property taxes on the property, and (iv) who is an | ||||||
18 | owner of record of a legal or equitable interest in the | ||||||
19 | cooperative apartment building, other than a leasehold | ||||||
20 | interest. In the instance of a cooperative where a homestead | ||||||
21 | exemption has been granted under this Section, the cooperative | ||||||
22 | association or its management firm shall credit the savings | ||||||
23 | resulting from that exemption only to the apportioned tax | ||||||
24 | liability of the owner who qualified for the exemption. Any | ||||||
25 | person who willfully refuses to credit that savings to an | ||||||
26 | owner who qualifies for the exemption is guilty of a Class B |
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1 | misdemeanor. | ||||||
2 | When a homestead exemption has been granted under this | ||||||
3 | Section and an applicant then becomes a resident of a facility | ||||||
4 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
5 | Nursing Home Care Act, the Specialized Mental Health | ||||||
6 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
7 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
8 | years so long as the residence (i) continues to be occupied by | ||||||
9 | the qualified applicant's spouse or (ii) if remaining | ||||||
10 | unoccupied, is still owned by the qualified applicant for the | ||||||
11 | homestead exemption. | ||||||
12 | Beginning January 1, 1997, when an individual dies who | ||||||
13 | would have qualified for an exemption under this Section, and | ||||||
14 | the surviving spouse does not independently qualify for this | ||||||
15 | exemption because of age, the exemption under this Section | ||||||
16 | shall be granted to the surviving spouse for the taxable year | ||||||
17 | preceding and the taxable year of the death, provided that, | ||||||
18 | except for age, the surviving spouse meets all other | ||||||
19 | qualifications for the granting of this exemption for those | ||||||
20 | years. | ||||||
21 | When married persons maintain separate residences, the | ||||||
22 | exemption provided for in this Section may be claimed by only | ||||||
23 | one of such persons and for only one residence. | ||||||
24 | For taxable year 1994 only, in counties having less than | ||||||
25 | 3,000,000 inhabitants, to receive the exemption, a person | ||||||
26 | shall submit an application by February 15, 1995 to the Chief |
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1 | County Assessment Officer of the county in which the property | ||||||
2 | is located. In counties having 3,000,000 or more inhabitants, | ||||||
3 | for taxable year 1994 and all subsequent taxable years, to | ||||||
4 | receive the exemption, a person may submit an application to | ||||||
5 | the Chief County Assessment Officer of the county in which the | ||||||
6 | property is located during such period as may be specified by | ||||||
7 | the Chief County Assessment Officer. The Chief County | ||||||
8 | Assessment Officer in counties of 3,000,000 or more | ||||||
9 | inhabitants shall annually give notice of the application | ||||||
10 | period by mail or by publication. In counties having less than | ||||||
11 | 3,000,000 inhabitants, beginning with taxable year 1995 and | ||||||
12 | thereafter, to receive the exemption, a person shall submit an | ||||||
13 | application by July 1 of each taxable year to the Chief County | ||||||
14 | Assessment Officer of the county in which the property is | ||||||
15 | located. A county may, by ordinance, establish a date for | ||||||
16 | submission of applications that is different than July 1. The | ||||||
17 | applicant shall submit with the application an affidavit of | ||||||
18 | the applicant's total household income, age, marital status | ||||||
19 | (and if married the name and address of the applicant's | ||||||
20 | spouse, if known), and principal dwelling place of members of | ||||||
21 | the household on January 1 of the taxable year. The Department | ||||||
22 | shall establish, by rule, a method for verifying the accuracy | ||||||
23 | of affidavits filed by applicants under this Section, and the | ||||||
24 | Chief County Assessment Officer may conduct audits of any | ||||||
25 | taxpayer claiming an exemption under this Section to verify | ||||||
26 | that the taxpayer is eligible to receive the exemption. Each |
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1 | application shall contain or be verified by a written | ||||||
2 | declaration that it is made under the penalties of perjury. A | ||||||
3 | taxpayer's signing a fraudulent application under this Act is | ||||||
4 | perjury, as defined in Section 32-2 of the Criminal Code of | ||||||
5 | 2012. The applications shall be clearly marked as applications | ||||||
6 | for the Low-Income Senior Citizens Assessment Freeze Homestead | ||||||
7 | Exemption and must contain a notice that any taxpayer who | ||||||
8 | receives the exemption is subject to an audit by the Chief | ||||||
9 | County Assessment Officer. | ||||||
10 | Notwithstanding any other provision to the contrary, in | ||||||
11 | counties having fewer than 3,000,000 inhabitants, if an | ||||||
12 | applicant fails to file the application required by this | ||||||
13 | Section in a timely manner and this failure to file is due to a | ||||||
14 | mental or physical condition sufficiently severe so as to | ||||||
15 | render the applicant incapable of filing the application in a | ||||||
16 | timely manner, the Chief County Assessment Officer may extend | ||||||
17 | the filing deadline for a period of 30 days after the applicant | ||||||
18 | regains the capability to file the application, but in no case | ||||||
19 | may the filing deadline be extended beyond 3 months of the | ||||||
20 | original filing deadline. In order to receive the extension | ||||||
21 | provided in this paragraph, the applicant shall provide the | ||||||
22 | Chief County Assessment Officer with a signed statement from | ||||||
23 | the applicant's physician, advanced practice registered nurse, | ||||||
24 | or physician assistant stating the nature and extent of the | ||||||
25 | condition, that, in the physician's, advanced practice | ||||||
26 | registered nurse's, or physician assistant's opinion, the |
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1 | condition was so severe that it rendered the applicant | ||||||
2 | incapable of filing the application in a timely manner, and | ||||||
3 | the date on which the applicant regained the capability to | ||||||
4 | file the application. | ||||||
5 | Beginning January 1, 1998, notwithstanding any other | ||||||
6 | provision to the contrary, in counties having fewer than | ||||||
7 | 3,000,000 inhabitants, if an applicant fails to file the | ||||||
8 | application required by this Section in a timely manner and | ||||||
9 | this failure to file is due to a mental or physical condition | ||||||
10 | sufficiently severe so as to render the applicant incapable of | ||||||
11 | filing the application in a timely manner, the Chief County | ||||||
12 | Assessment Officer may extend the filing deadline for a period | ||||||
13 | of 3 months. In order to receive the extension provided in this | ||||||
14 | paragraph, the applicant shall provide the Chief County | ||||||
15 | Assessment Officer with a signed statement from the | ||||||
16 | applicant's physician, advanced practice registered nurse, or | ||||||
17 | physician assistant stating the nature and extent of the | ||||||
18 | condition, and that, in the physician's, advanced practice | ||||||
19 | registered nurse's, or physician assistant's opinion, the | ||||||
20 | condition was so severe that it rendered the applicant | ||||||
21 | incapable of filing the application in a timely manner. | ||||||
22 | In counties having less than 3,000,000 inhabitants, if an | ||||||
23 | applicant was denied an exemption in taxable year 1994 and the | ||||||
24 | denial occurred due to an error on the part of an assessment | ||||||
25 | official, or his or her agent or employee, then beginning in | ||||||
26 | taxable year 1997 the applicant's base year, for purposes of |
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1 | determining the amount of the exemption, shall be 1993 rather | ||||||
2 | than 1994. In addition, in taxable year 1997, the applicant's | ||||||
3 | exemption shall also include an amount equal to (i) the amount | ||||||
4 | of any exemption denied to the applicant in taxable year 1995 | ||||||
5 | as a result of using 1994, rather than 1993, as the base year, | ||||||
6 | (ii) the amount of any exemption denied to the applicant in | ||||||
7 | taxable year 1996 as a result of using 1994, rather than 1993, | ||||||
8 | as the base year, and (iii) the amount of the exemption | ||||||
9 | erroneously denied for taxable year 1994. | ||||||
10 | For purposes of this Section, a person who will be 65 years | ||||||
11 | of age during the current taxable year shall be eligible to | ||||||
12 | apply for the homestead exemption during that taxable year. | ||||||
13 | Application shall be made during the application period in | ||||||
14 | effect for the county of his or her residence. | ||||||
15 | The Chief County Assessment Officer may determine the | ||||||
16 | eligibility of a life care facility that qualifies as a | ||||||
17 | cooperative to receive the benefits provided by this Section | ||||||
18 | by use of an affidavit, application, visual inspection, | ||||||
19 | questionnaire, or other reasonable method in order to insure | ||||||
20 | that the tax savings resulting from the exemption are credited | ||||||
21 | by the management firm to the apportioned tax liability of | ||||||
22 | each qualifying resident. The Chief County Assessment Officer | ||||||
23 | may request reasonable proof that the management firm has so | ||||||
24 | credited that exemption. | ||||||
25 | Except as provided in this Section, all information | ||||||
26 | received by the chief county assessment officer or the |
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1 | Department from applications filed under this Section, or from | ||||||
2 | any investigation conducted under the provisions of this | ||||||
3 | Section, shall be confidential, except for official purposes | ||||||
4 | or pursuant to official procedures for collection of any State | ||||||
5 | or local tax or enforcement of any civil or criminal penalty or | ||||||
6 | sanction imposed by this Act or by any statute or ordinance | ||||||
7 | imposing a State or local tax. Any person who divulges any such | ||||||
8 | information in any manner, except in accordance with a proper | ||||||
9 | judicial order, is guilty of a Class A misdemeanor. | ||||||
10 | Nothing contained in this Section shall prevent the | ||||||
11 | Director or chief county assessment officer from publishing or | ||||||
12 | making available reasonable statistics concerning the | ||||||
13 | operation of the exemption contained in this Section in which | ||||||
14 | the contents of claims are grouped into aggregates in such a | ||||||
15 | way that information contained in any individual claim shall | ||||||
16 | not be disclosed. | ||||||
17 | Notwithstanding any other provision of law, for taxable | ||||||
18 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
19 | inhabitants, the amount of the exemption shall be the greater | ||||||
20 | of (i) the amount of the exemption otherwise calculated under | ||||||
21 | this Section or (ii) $2,000. | ||||||
22 | (c-5) Notwithstanding any other provision of law, each | ||||||
23 | chief county assessment officer may approve this exemption for | ||||||
24 | the 2020 taxable year, without application, for any property | ||||||
25 | that was approved for this exemption for the 2019 taxable | ||||||
26 | year, provided that: |
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1 | (1) the county board has declared a local disaster as | ||||||
2 | provided in the Illinois Emergency Management Agency Act | ||||||
3 | related to the COVID-19 public health emergency; | ||||||
4 | (2) the owner of record of the property as of January | ||||||
5 | 1, 2020 is the same as the owner of record of the property | ||||||
6 | as of January 1, 2019; | ||||||
7 | (3) the exemption for the 2019 taxable year has not | ||||||
8 | been determined to be an erroneous exemption as defined by | ||||||
9 | this Code; and | ||||||
10 | (4) the applicant for the 2019 taxable year has not | ||||||
11 | asked for the exemption to be removed for the 2019 or 2020 | ||||||
12 | taxable years. | ||||||
13 | Nothing in this subsection shall preclude or impair the | ||||||
14 | authority of a chief county assessment officer to conduct | ||||||
15 | audits of any taxpayer claiming an exemption under this | ||||||
16 | Section to verify that the taxpayer is eligible to receive the | ||||||
17 | exemption as provided elsewhere in this Section. | ||||||
18 | (c-10) Notwithstanding any other provision of law, each | ||||||
19 | chief county assessment officer may approve this exemption for | ||||||
20 | the 2021 taxable year, without application, for any property | ||||||
21 | that was approved for this exemption for the 2020 taxable | ||||||
22 | year, if: | ||||||
23 | (1) the county board has declared a local disaster as | ||||||
24 | provided in the Illinois Emergency Management Agency Act | ||||||
25 | related to the COVID-19 public health emergency; | ||||||
26 | (2) the owner of record of the property as of January |
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1 | 1, 2021 is the same as the owner of record of the property | ||||||
2 | as of January 1, 2020; | ||||||
3 | (3) the exemption for the 2020 taxable year has not | ||||||
4 | been determined to be an erroneous exemption as defined by | ||||||
5 | this Code; and | ||||||
6 | (4) the taxpayer for the 2020 taxable year has not | ||||||
7 | asked for the exemption to be removed for the 2020 or 2021 | ||||||
8 | taxable years. | ||||||
9 | Nothing in this subsection shall preclude or impair the | ||||||
10 | authority of a chief county assessment officer to conduct | ||||||
11 | audits of any taxpayer claiming an exemption under this | ||||||
12 | Section to verify that the taxpayer is eligible to receive the | ||||||
13 | exemption as provided elsewhere in this Section. | ||||||
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 | ||||||
23 | Act, no reimbursement by the State is required for the | ||||||
24 | implementation of any mandate created by this Section. | ||||||
25 | (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; | ||||||
26 | 102-895, eff. 5-23-22.)
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1 | Section 10. The Senior Citizens Real Estate Tax Deferral | ||||||
2 | Act is amended by changing Section 2 as follows:
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3 | (320 ILCS 30/2) (from Ch. 67 1/2, par. 452) | ||||||
4 | Sec. 2. Definitions. As used in this Act: | ||||||
5 | (a) "Taxpayer" means an individual whose household income | ||||||
6 | for the year is no greater than: (i) $40,000 through tax year | ||||||
7 | 2005; (ii) $50,000 for tax years 2006 through 2011; (iii) | ||||||
8 | $55,000 for tax years 2012 through 2021; (iv) $65,000 for tax | ||||||
9 | years 2022 through 2024 2025 ; and (v) $75,000 $55,000 for tax | ||||||
10 | year 2025 2026 and thereafter. | ||||||
11 | (b) "Tax deferred property" means the property upon which | ||||||
12 | real estate taxes are deferred under this Act. | ||||||
13 | (c) "Homestead" means the land and buildings thereon, | ||||||
14 | including a condominium or a dwelling unit in a multidwelling | ||||||
15 | building that is owned and operated as a cooperative, occupied | ||||||
16 | by the taxpayer as his residence or which are temporarily | ||||||
17 | unoccupied by the taxpayer because such taxpayer is | ||||||
18 | temporarily residing, for not more than 1 year, in a licensed | ||||||
19 | facility as defined in Section 1-113 of the Nursing Home Care | ||||||
20 | Act. | ||||||
21 | (d) "Real estate taxes" or "taxes" means the taxes on real | ||||||
22 | property for which the taxpayer would be liable under the | ||||||
23 | Property Tax Code, including special service area taxes, and | ||||||
24 | special assessments on benefited real property for which the |
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1 | taxpayer would be liable to a unit of local government. | ||||||
2 | (e) "Department" means the Department of Revenue. | ||||||
3 | (f) "Qualifying property" means a homestead which (a) the | ||||||
4 | taxpayer or the taxpayer and his spouse own in fee simple or | ||||||
5 | are purchasing in fee simple under a recorded instrument of | ||||||
6 | sale, (b) is not income-producing property, (c) is not subject | ||||||
7 | to a lien for unpaid real estate taxes when a claim under this | ||||||
8 | Act is filed, and (d) is not held in trust, other than an | ||||||
9 | Illinois land trust with the taxpayer identified as the sole | ||||||
10 | beneficiary, if the taxpayer is filing for the program for the | ||||||
11 | first time effective as of the January 1, 2011 assessment year | ||||||
12 | or tax year 2012 and thereafter. | ||||||
13 | (g) "Equity interest" means the current assessed valuation | ||||||
14 | of the qualified property times the fraction necessary to | ||||||
15 | convert that figure to full market value minus any outstanding | ||||||
16 | debts or liens on that property. In the case of qualifying | ||||||
17 | property not having a separate assessed valuation, the | ||||||
18 | appraised value as determined by a qualified real estate | ||||||
19 | appraiser shall be used instead of the current assessed | ||||||
20 | valuation. | ||||||
21 | (h) "Household income" has the meaning ascribed to that | ||||||
22 | term in the Senior Citizens and Persons with Disabilities | ||||||
23 | Property Tax Relief Act. | ||||||
24 | (i) "Collector" means the county collector or, if the | ||||||
25 | taxes to be deferred are special assessments, an official | ||||||
26 | designated by a unit of local government to collect special |
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1 | assessments. | ||||||
2 | (Source: P.A. 102-644, eff. 8-27-21.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |