Bill Text: IL SB2700 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that the exemption applies to all real property that is the primary residence of a veteran with a disability (currently, property with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability). Provides that, with respect to veterans with a service connected disability of 70% or more and surviving spouses of veterans whose deaths were service-connected, the first $250,000 in equalized assessed value of the property is exempt.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2024-05-03 - Rule 3-9(a) / Re-referred to Assignments [SB2700 Detail]
Download: Illinois-2023-SB2700-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 15-169 as follows:
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6 | (35 ILCS 200/15-169) | |||||||||||||||||||
7 | Sec. 15-169. Homestead exemption for veterans with | |||||||||||||||||||
8 | disabilities. | |||||||||||||||||||
9 | (a) Beginning with taxable year 2007, an annual homestead | |||||||||||||||||||
10 | exemption, limited as provided in this Section to the amounts | |||||||||||||||||||
11 | set forth in subsections (b) and (b-3) , is granted for | |||||||||||||||||||
12 | property that is used as a qualified residence by a veteran | |||||||||||||||||||
13 | with a disability. | |||||||||||||||||||
14 | (b) For taxable years prior to 2015, the amount of the | |||||||||||||||||||
15 | exemption under this Section is as follows: | |||||||||||||||||||
16 | (1) for veterans with a service-connected disability | |||||||||||||||||||
17 | of at least (i) 75% for exemptions granted in taxable | |||||||||||||||||||
18 | years 2007 through 2009 and (ii) 70% for exemptions | |||||||||||||||||||
19 | granted in taxable year 2010 and each taxable year | |||||||||||||||||||
20 | thereafter, as certified by the United States Department | |||||||||||||||||||
21 | of Veterans Affairs, the annual exemption is $5,000; and | |||||||||||||||||||
22 | (2) for veterans with a service-connected disability | |||||||||||||||||||
23 | of at least 50%, but less than (i) 75% for exemptions |
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1 | granted in taxable years 2007 through 2009 and (ii) 70% | ||||||
2 | for exemptions granted in taxable year 2010 and each | ||||||
3 | taxable year thereafter, as certified by the United States | ||||||
4 | Department of Veterans Affairs, the annual exemption is | ||||||
5 | $2,500. | ||||||
6 | (b-3) For taxable years 2015 through 2023 and thereafter : | ||||||
7 | (1) if the veteran has a service connected disability | ||||||
8 | of 30% or more but less than 50%, as certified by the | ||||||
9 | United States Department of Veterans Affairs, then the | ||||||
10 | annual exemption is $2,500; | ||||||
11 | (2) if the veteran has a service connected disability | ||||||
12 | of 50% or more but less than 70%, as certified by the | ||||||
13 | United States Department of Veterans Affairs, then the | ||||||
14 | annual exemption is $5,000; | ||||||
15 | (3) if the veteran has a service connected disability | ||||||
16 | of 70% or more, as certified by the United States | ||||||
17 | Department of Veterans Affairs, then the property is | ||||||
18 | exempt from taxation under this Code; and | ||||||
19 | (4) for taxable year 2023 and thereafter , if the | ||||||
20 | taxpayer is the surviving spouse of a veteran whose death | ||||||
21 | was determined to be service-connected and who is | ||||||
22 | certified by the United States Department of Veterans | ||||||
23 | Affairs as a recipient of dependency and indemnity | ||||||
24 | compensation under federal law, then the property is also | ||||||
25 | exempt from taxation under this Code. | ||||||
26 | (b-4) For taxable year 2024 and thereafter: |
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1 | (1) if the veteran has a service connected disability | ||||||
2 | of 30% or more but less than 50%, as certified by the | ||||||
3 | United States Department of Veterans Affairs, then the | ||||||
4 | annual exemption is $2,500; | ||||||
5 | (2) if the veteran has a service connected disability | ||||||
6 | of 50% or more but less than 70%, as certified by the | ||||||
7 | United States Department of Veterans Affairs, then the | ||||||
8 | annual exemption is $5,000; | ||||||
9 | (3) if the veteran has a service connected disability | ||||||
10 | of 70% or more, as certified by the United States | ||||||
11 | Department of Veterans Affairs, then the first $250,000 in | ||||||
12 | equalized assessed value of the property is exempt from | ||||||
13 | taxation under this Code; and | ||||||
14 | (4) if the taxpayer is the surviving spouse of a | ||||||
15 | veteran whose death was determined to be service-connected | ||||||
16 | and who is certified by the United States Department of | ||||||
17 | Veterans Affairs as a recipient of dependency and | ||||||
18 | indemnity compensation under federal law, then the first | ||||||
19 | $250,000 in equalized assessed value of the property is | ||||||
20 | also exempt from taxation under this Code. | ||||||
21 | This amendatory Act of the 103rd General Assembly shall | ||||||
22 | not be used as the basis for any appeal filed with the chief | ||||||
23 | county assessment officer, the board of review, the Property | ||||||
24 | Tax Appeal Board, or the circuit court with respect to the | ||||||
25 | scope or meaning of the exemption under this Section for a tax | ||||||
26 | year prior to tax year 2024. |
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1 | (b-5) If a homestead exemption is granted under this | ||||||
2 | Section and the person awarded the exemption subsequently | ||||||
3 | becomes a resident of a facility licensed under the Nursing | ||||||
4 | Home Care Act or a facility operated by the United States | ||||||
5 | Department of Veterans Affairs, then the exemption shall | ||||||
6 | continue (i) so long as the residence continues to be occupied | ||||||
7 | by the qualifying person's spouse or (ii) if the residence | ||||||
8 | remains unoccupied but is still owned by the person who | ||||||
9 | qualified for the homestead exemption. | ||||||
10 | (c) The tax exemption under this Section carries over to | ||||||
11 | the benefit of the veteran's surviving spouse as long as the | ||||||
12 | spouse holds the legal or beneficial title to the homestead, | ||||||
13 | permanently resides thereon, and does not remarry. If the | ||||||
14 | surviving spouse sells the property, an exemption not to | ||||||
15 | exceed the amount granted from the most recent ad valorem tax | ||||||
16 | roll may be transferred to his or her new residence as long as | ||||||
17 | it is used as his or her primary residence and he or she does | ||||||
18 | not remarry. | ||||||
19 | As used in this subsection (c): | ||||||
20 | (1) for taxable years prior to 2015, "surviving | ||||||
21 | spouse" means the surviving spouse of a veteran who | ||||||
22 | obtained an exemption under this Section prior to his or | ||||||
23 | her death; | ||||||
24 | (2) for taxable years 2015 through 2022, "surviving | ||||||
25 | spouse" means (i) the surviving spouse of a veteran who | ||||||
26 | obtained an exemption under this Section prior to his or |
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1 | her death and (ii) the surviving spouse of a veteran who | ||||||
2 | was killed in the line of duty at any time prior to the | ||||||
3 | expiration of the application period in effect for the | ||||||
4 | exemption for the taxable year for which the exemption is | ||||||
5 | sought; and | ||||||
6 | (3) for taxable year 2023 and thereafter, "surviving | ||||||
7 | spouse" means: (i) the surviving spouse of a veteran who | ||||||
8 | obtained the exemption under this Section prior to his or | ||||||
9 | her death; (ii) the surviving spouse of a veteran who was | ||||||
10 | killed in the line of duty at any time prior to the | ||||||
11 | expiration of the application period in effect for the | ||||||
12 | exemption for the taxable year for which the exemption is | ||||||
13 | sought; (iii) the surviving spouse of a veteran who did | ||||||
14 | not obtain an exemption under this Section before death, | ||||||
15 | but who would have qualified for the exemption under this | ||||||
16 | Section in the taxable year for which the exemption is | ||||||
17 | sought if he or she had survived, and whose surviving | ||||||
18 | spouse has been a resident of Illinois from the time of the | ||||||
19 | veteran's death through the taxable year for which the | ||||||
20 | exemption is sought; and (iv) the surviving spouse of a | ||||||
21 | veteran whose death was determined to be | ||||||
22 | service-connected, but who would not otherwise qualify | ||||||
23 | under item (i), (ii), or (iii), if the spouse (A) is | ||||||
24 | certified by the United States Department of Veterans | ||||||
25 | Affairs as a recipient of dependency and indemnity | ||||||
26 | compensation under federal law at any time prior to the |
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1 | expiration of the application period in effect for the | ||||||
2 | exemption for the taxable year for which the exemption is | ||||||
3 | sought and (B) remains eligible for that dependency and | ||||||
4 | indemnity compensation as of January 1 of the taxable year | ||||||
5 | for which the exemption is sought. | ||||||
6 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
7 | Section shall require the veteran to have qualified for or | ||||||
8 | obtained the exemption before death if the veteran was killed | ||||||
9 | in the line of duty. | ||||||
10 | (d) The exemption under this Section applies for taxable | ||||||
11 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
12 | under Section 15-165 or 15-168 may not claim an exemption | ||||||
13 | under this Section. | ||||||
14 | (e) Except as otherwise provided in this subsection (e), | ||||||
15 | each taxpayer who has been granted an exemption under this | ||||||
16 | Section must reapply on an annual basis. Application must be | ||||||
17 | made during the application period in effect for the county of | ||||||
18 | his or her residence. The assessor or chief county assessment | ||||||
19 | officer may determine the eligibility of residential property | ||||||
20 | to receive the homestead exemption provided by this Section by | ||||||
21 | application, visual inspection, questionnaire, or other | ||||||
22 | reasonable methods. The determination must be made in | ||||||
23 | accordance with guidelines established by the Department. | ||||||
24 | On and after May 23, 2022 (the effective date of Public Act | ||||||
25 | 102-895), if a veteran has a combined service connected | ||||||
26 | disability rating of 100% and is deemed to be permanently and |
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1 | totally disabled, as certified by the United States Department | ||||||
2 | of Veterans Affairs, the taxpayer who has been granted an | ||||||
3 | exemption under this Section shall no longer be required to | ||||||
4 | reapply for the exemption on an annual basis, and the | ||||||
5 | exemption shall be in effect for as long as the exemption would | ||||||
6 | otherwise be permitted under this Section. | ||||||
7 | (e-1) If the person qualifying for the exemption does not | ||||||
8 | occupy the qualified residence as of January 1 of the taxable | ||||||
9 | year, the exemption granted under this Section shall be | ||||||
10 | prorated on a monthly basis. The prorated exemption shall | ||||||
11 | apply beginning with the first complete month in which the | ||||||
12 | person occupies the qualified residence. | ||||||
13 | (e-5) Notwithstanding any other provision of law, each | ||||||
14 | chief county assessment officer may approve this exemption for | ||||||
15 | the 2020 taxable year, without application, for any property | ||||||
16 | that was approved for this exemption for the 2019 taxable | ||||||
17 | year, provided that: | ||||||
18 | (1) the county board has declared a local disaster as | ||||||
19 | provided in the Illinois Emergency Management Agency Act | ||||||
20 | related to the COVID-19 public health emergency; | ||||||
21 | (2) the owner of record of the property as of January | ||||||
22 | 1, 2020 is the same as the owner of record of the property | ||||||
23 | as of January 1, 2019; | ||||||
24 | (3) the exemption for the 2019 taxable year has not | ||||||
25 | been determined to be an erroneous exemption as defined by | ||||||
26 | this Code; and |
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1 | (4) the applicant for the 2019 taxable year has not | ||||||
2 | asked for the exemption to be removed for the 2019 or 2020 | ||||||
3 | taxable years. | ||||||
4 | Nothing in this subsection shall preclude a veteran whose | ||||||
5 | service connected disability rating has changed since the 2019 | ||||||
6 | exemption was granted from applying for the exemption based on | ||||||
7 | the subsequent service connected disability rating. | ||||||
8 | (e-10) Notwithstanding any other provision of law, each | ||||||
9 | chief county assessment officer may approve this exemption for | ||||||
10 | the 2021 taxable year, without application, for any property | ||||||
11 | that was approved for this exemption for the 2020 taxable | ||||||
12 | year, if: | ||||||
13 | (1) the county board has declared a local disaster as | ||||||
14 | provided in the Illinois Emergency Management Agency Act | ||||||
15 | related to the COVID-19 public health emergency; | ||||||
16 | (2) the owner of record of the property as of January | ||||||
17 | 1, 2021 is the same as the owner of record of the property | ||||||
18 | as of January 1, 2020; | ||||||
19 | (3) the exemption for the 2020 taxable year has not | ||||||
20 | been determined to be an erroneous exemption as defined by | ||||||
21 | this Code; and | ||||||
22 | (4) the taxpayer for the 2020 taxable year has not | ||||||
23 | asked for the exemption to be removed for the 2020 or 2021 | ||||||
24 | taxable years. | ||||||
25 | Nothing in this subsection shall preclude a veteran whose | ||||||
26 | service connected disability rating has changed since the 2020 |
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