4 | | - | AN ACT concerning revenue. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 5. The Property Tax Code is amended by changing |
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8 | | - | Section 15-169 as follows: |
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9 | | - | (35 ILCS 200/15-169) |
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10 | | - | Sec. 15-169. Homestead exemption for veterans with |
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11 | | - | disabilities and veterans of World War II. |
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12 | | - | (a) Beginning with taxable year 2007, an annual homestead |
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13 | | - | exemption, limited as provided in this Section to the amounts |
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14 | | - | set forth in subsections (b) and (b-3), is granted for |
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15 | | - | property that is used as a qualified residence by a veteran |
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16 | | - | with a disability, and beginning with taxable year 2024, an |
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17 | | - | annual homestead exemption, limited to the amounts set forth |
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18 | | - | in subsection (b-4), is granted for property that is used as a |
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19 | | - | qualified residence by a veteran who was a member of the United |
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20 | | - | States Armed Forces during World War II. |
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21 | | - | (b) For taxable years prior to 2015, the amount of the |
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22 | | - | exemption under this Section is as follows: |
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23 | | - | (1) for veterans with a service-connected disability |
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24 | | - | of at least (i) 75% for exemptions granted in taxable |
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25 | | - | years 2007 through 2009 and (ii) 70% for exemptions |
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26 | | - | granted in taxable year 2010 and each taxable year |
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| 3 | + | 1 AN ACT concerning revenue. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Property Tax Code is amended by changing |
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| 7 | + | 5 Section 15-169 as follows: |
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| 8 | + | 6 (35 ILCS 200/15-169) |
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| 9 | + | 7 Sec. 15-169. Homestead exemption for veterans with |
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| 10 | + | 8 disabilities and veterans of World War II. |
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| 11 | + | 9 (a) Beginning with taxable year 2007, an annual homestead |
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| 12 | + | 10 exemption, limited as provided in this Section to the amounts |
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| 13 | + | 11 set forth in subsections (b) and (b-3), is granted for |
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| 14 | + | 12 property that is used as a qualified residence by a veteran |
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| 15 | + | 13 with a disability, and beginning with taxable year 2024, an |
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| 16 | + | 14 annual homestead exemption, limited to the amounts set forth |
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| 17 | + | 15 in subsection (b-4), is granted for property that is used as a |
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| 18 | + | 16 qualified residence by a veteran who was a member of the United |
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| 19 | + | 17 States Armed Forces during World War II. |
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| 20 | + | 18 (b) For taxable years prior to 2015, the amount of the |
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| 21 | + | 19 exemption under this Section is as follows: |
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| 22 | + | 20 (1) for veterans with a service-connected disability |
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| 23 | + | 21 of at least (i) 75% for exemptions granted in taxable |
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| 24 | + | 22 years 2007 through 2009 and (ii) 70% for exemptions |
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| 25 | + | 23 granted in taxable year 2010 and each taxable year |
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33 | | - | thereafter, as certified by the United States Department |
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34 | | - | of Veterans Affairs, the annual exemption is $5,000; and |
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35 | | - | (2) for veterans with a service-connected disability |
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36 | | - | of at least 50%, but less than (i) 75% for exemptions |
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37 | | - | granted in taxable years 2007 through 2009 and (ii) 70% |
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38 | | - | for exemptions granted in taxable year 2010 and each |
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39 | | - | taxable year thereafter, as certified by the United States |
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40 | | - | Department of Veterans Affairs, the annual exemption is |
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41 | | - | $2,500. |
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42 | | - | (b-3) For taxable years 2015 through 2022 and thereafter: |
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43 | | - | (1) if the veteran has a service connected disability |
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44 | | - | of 30% or more but less than 50%, as certified by the |
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45 | | - | United States Department of Veterans Affairs, then the |
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46 | | - | annual exemption is $2,500; |
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47 | | - | (2) if the veteran has a service connected disability |
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48 | | - | of 50% or more but less than 70%, as certified by the |
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49 | | - | United States Department of Veterans Affairs, then the |
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50 | | - | annual exemption is $5,000; |
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51 | | - | (3) if the veteran has a service connected disability |
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52 | | - | of 70% or more, as certified by the United States |
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53 | | - | Department of Veterans Affairs, then the property is |
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54 | | - | exempt from taxation under this Code; and |
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55 | | - | (4) (Blank). for taxable year 2023 and thereafter, if |
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56 | | - | the taxpayer is the surviving spouse of a veteran whose |
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57 | | - | death was determined to be service-connected and who is |
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58 | | - | certified by the United States Department of Veterans |
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| 34 | + | 1 thereafter, as certified by the United States Department |
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| 35 | + | 2 of Veterans Affairs, the annual exemption is $5,000; and |
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| 36 | + | 3 (2) for veterans with a service-connected disability |
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| 37 | + | 4 of at least 50%, but less than (i) 75% for exemptions |
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| 38 | + | 5 granted in taxable years 2007 through 2009 and (ii) 70% |
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| 39 | + | 6 for exemptions granted in taxable year 2010 and each |
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| 40 | + | 7 taxable year thereafter, as certified by the United States |
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| 41 | + | 8 Department of Veterans Affairs, the annual exemption is |
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| 42 | + | 9 $2,500. |
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| 43 | + | 10 (b-3) For taxable years 2015 through 2022 and thereafter: |
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| 44 | + | 11 (1) if the veteran has a service connected disability |
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| 45 | + | 12 of 30% or more but less than 50%, as certified by the |
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| 46 | + | 13 United States Department of Veterans Affairs, then the |
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| 47 | + | 14 annual exemption is $2,500; |
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| 48 | + | 15 (2) if the veteran has a service connected disability |
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| 49 | + | 16 of 50% or more but less than 70%, as certified by the |
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| 50 | + | 17 United States Department of Veterans Affairs, then the |
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| 51 | + | 18 annual exemption is $5,000; |
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| 52 | + | 19 (3) if the veteran has a service connected disability |
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| 53 | + | 20 of 70% or more, as certified by the United States |
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| 54 | + | 21 Department of Veterans Affairs, then the property is |
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| 55 | + | 22 exempt from taxation under this Code; and |
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| 56 | + | 23 (4) (Blank). for taxable year 2023 and thereafter, if |
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| 57 | + | 24 the taxpayer is the surviving spouse of a veteran whose |
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| 58 | + | 25 death was determined to be service-connected and who is |
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| 59 | + | 26 certified by the United States Department of Veterans |
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117 | | - | the benefit of the veteran's surviving spouse as long as the |
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118 | | - | spouse holds the legal or beneficial title to the homestead, |
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119 | | - | permanently resides thereon, and does not remarry. If the |
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120 | | - | surviving spouse sells the property, an exemption not to |
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121 | | - | exceed the amount granted from the most recent ad valorem tax |
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122 | | - | roll may be transferred to his or her new residence as long as |
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123 | | - | it is used as his or her primary residence and he or she does |
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124 | | - | not remarry. |
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125 | | - | As used in this subsection (c): |
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126 | | - | (1) for taxable years prior to 2015, "surviving |
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127 | | - | spouse" means the surviving spouse of a veteran who |
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128 | | - | obtained an exemption under this Section prior to his or |
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129 | | - | her death; |
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130 | | - | (2) for taxable years 2015 through 2022, "surviving |
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131 | | - | spouse" means (i) the surviving spouse of a veteran who |
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132 | | - | obtained an exemption under this Section prior to his or |
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133 | | - | her death and (ii) the surviving spouse of a veteran who |
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134 | | - | was killed in the line of duty at any time prior to the |
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135 | | - | expiration of the application period in effect for the |
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136 | | - | exemption for the taxable year for which the exemption is |
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137 | | - | sought; and |
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138 | | - | (3) for taxable year 2023 and thereafter, "surviving |
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139 | | - | spouse" means: (i) the surviving spouse of a veteran who |
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140 | | - | obtained the exemption under this Section prior to his or |
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141 | | - | her death; (ii) the surviving spouse of a veteran who was |
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142 | | - | killed in the line of duty at any time prior to the |
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| 70 | + | 1 Affairs as a recipient of dependency and indemnity |
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| 71 | + | 2 compensation under federal law, then the property is also |
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| 72 | + | 3 exempt from taxation under this Code. |
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| 73 | + | 4 (b-3.1) For taxable year 2023 and thereafter: |
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| 74 | + | 5 (1) if the veteran has a service connected disability |
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| 75 | + | 6 of 30% or more but less than 50%, as certified by the |
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| 76 | + | 7 United States Department of Veterans Affairs as of the |
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| 77 | + | 8 date the application is submitted for the exemption under |
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| 78 | + | 9 this Section for the applicable taxable year, then the |
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| 79 | + | 10 annual exemption is $2,500; |
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| 80 | + | 11 (2) if the veteran has a service connected disability |
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| 81 | + | 12 of 50% or more but less than 70%, as certified by the |
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| 82 | + | 13 United States Department of Veterans Affairs as of the |
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| 83 | + | 14 date the application is submitted for the exemption under |
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| 84 | + | 15 this Section for the applicable taxable year, then the |
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| 85 | + | 16 annual exemption is $5,000; |
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| 86 | + | 17 (3) if the veteran has a service connected disability |
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| 87 | + | 18 of 70% or more, as certified by the United States |
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| 88 | + | 19 Department of Veterans Affairs as of the date the |
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| 89 | + | 20 application is submitted for the exemption under this |
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| 90 | + | 21 Section for the applicable taxable year, then the first |
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| 91 | + | 22 $250,000 in equalized assessed value of the property is |
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| 92 | + | 23 exempt from taxation under this Code; and |
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| 93 | + | 24 (4) if the taxpayer is the surviving spouse of a |
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| 94 | + | 25 veteran whose death was determined to be service-connected |
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| 95 | + | 26 and who is certified by the United States Department of |
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201 | | - | year, the exemption granted under this Section shall be |
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202 | | - | prorated on a monthly basis. The prorated exemption shall |
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203 | | - | apply beginning with the first complete month in which the |
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204 | | - | person occupies the qualified residence. |
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205 | | - | (e-5) Notwithstanding any other provision of law, each |
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206 | | - | chief county assessment officer may approve this exemption for |
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207 | | - | the 2020 taxable year, without application, for any property |
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208 | | - | that was approved for this exemption for the 2019 taxable |
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209 | | - | year, provided that: |
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210 | | - | (1) the county board has declared a local disaster as |
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211 | | - | provided in the Illinois Emergency Management Agency Act |
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212 | | - | related to the COVID-19 public health emergency; |
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213 | | - | (2) the owner of record of the property as of January |
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214 | | - | 1, 2020 is the same as the owner of record of the property |
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215 | | - | as of January 1, 2019; |
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216 | | - | (3) the exemption for the 2019 taxable year has not |
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217 | | - | been determined to be an erroneous exemption as defined by |
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218 | | - | this Code; and |
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219 | | - | (4) the applicant for the 2019 taxable year has not |
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220 | | - | asked for the exemption to be removed for the 2019 or 2020 |
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221 | | - | taxable years. |
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222 | | - | Nothing in this subsection shall preclude a veteran whose |
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223 | | - | service connected disability rating has changed since the 2019 |
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224 | | - | exemption was granted from applying for the exemption based on |
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225 | | - | the subsequent service connected disability rating. |
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226 | | - | (e-10) Notwithstanding any other provision of law, each |
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| 106 | + | 1 Veterans Affairs as a recipient of dependency and |
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| 107 | + | 2 indemnity compensation under federal law as of the date |
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| 108 | + | 3 the application is submitted for the exemption under this |
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| 109 | + | 4 Section for the applicable taxable year, then the first |
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| 110 | + | 5 $250,000 in equalized assessed value of the property is |
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| 111 | + | 6 also exempt from taxation under this Code. |
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| 112 | + | 7 This amendatory Act of the 103rd General Assembly shall |
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| 113 | + | 8 not be used as the basis for any appeal filed with the chief |
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| 114 | + | 9 county assessment officer, the board of review, the Property |
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| 115 | + | 10 Tax Appeal Board, or the circuit court with respect to the |
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| 116 | + | 11 scope or meaning of the exemption under this Section for a tax |
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| 117 | + | 12 year prior to tax year 2023. |
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| 118 | + | 13 (b-4) For taxable years on or after 2024, if the veteran |
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| 119 | + | 14 was a member of the United States Armed Forces during World War |
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| 120 | + | 15 II, then the property is exempt from taxation under this Code |
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| 121 | + | 16 regardless of the veteran's level of disability. |
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| 122 | + | 17 (b-5) If a homestead exemption is granted under this |
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| 123 | + | 18 Section and the person awarded the exemption subsequently |
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| 124 | + | 19 becomes a resident of a facility licensed under the Nursing |
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| 125 | + | 20 Home Care Act or a facility operated by the United States |
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| 126 | + | 21 Department of Veterans Affairs, then the exemption shall |
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| 127 | + | 22 continue (i) so long as the residence continues to be occupied |
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| 128 | + | 23 by the qualifying person's spouse or (ii) if the residence |
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| 129 | + | 24 remains unoccupied but is still owned by the person who |
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| 130 | + | 25 qualified for the homestead exemption. |
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| 131 | + | 26 (c) The tax exemption under this Section carries over to |
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285 | | - | 103-154, eff. 6-30-23.) |
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| 142 | + | 1 the benefit of the veteran's surviving spouse as long as the |
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| 143 | + | 2 spouse holds the legal or beneficial title to the homestead, |
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| 144 | + | 3 permanently resides thereon, and does not remarry. If the |
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| 145 | + | 4 surviving spouse sells the property, an exemption not to |
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| 146 | + | 5 exceed the amount granted from the most recent ad valorem tax |
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| 147 | + | 6 roll may be transferred to his or her new residence as long as |
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| 148 | + | 7 it is used as his or her primary residence and he or she does |
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| 149 | + | 8 not remarry. |
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| 150 | + | 9 As used in this subsection (c): |
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| 151 | + | 10 (1) for taxable years prior to 2015, "surviving |
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| 152 | + | 11 spouse" means the surviving spouse of a veteran who |
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| 153 | + | 12 obtained an exemption under this Section prior to his or |
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| 154 | + | 13 her death; |
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| 155 | + | 14 (2) for taxable years 2015 through 2022, "surviving |
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| 156 | + | 15 spouse" means (i) the surviving spouse of a veteran who |
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| 157 | + | 16 obtained an exemption under this Section prior to his or |
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| 158 | + | 17 her death and (ii) the surviving spouse of a veteran who |
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| 159 | + | 18 was killed in the line of duty at any time prior to the |
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| 160 | + | 19 expiration of the application period in effect for the |
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| 161 | + | 20 exemption for the taxable year for which the exemption is |
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| 162 | + | 21 sought; and |
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| 163 | + | 22 (3) for taxable year 2023 and thereafter, "surviving |
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| 164 | + | 23 spouse" means: (i) the surviving spouse of a veteran who |
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| 165 | + | 24 obtained the exemption under this Section prior to his or |
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| 166 | + | 25 her death; (ii) the surviving spouse of a veteran who was |
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| 167 | + | 26 killed in the line of duty at any time prior to the |
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| 178 | + | 1 expiration of the application period in effect for the |
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| 179 | + | 2 exemption for the taxable year for which the exemption is |
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| 180 | + | 3 sought; (iii) the surviving spouse of a veteran who did |
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| 181 | + | 4 not obtain an exemption under this Section before death, |
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| 182 | + | 5 but who would have qualified for the exemption under this |
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| 183 | + | 6 Section in the taxable year for which the exemption is |
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| 184 | + | 7 sought if he or she had survived, and whose surviving |
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| 185 | + | 8 spouse has been a resident of Illinois from the time of the |
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| 186 | + | 9 veteran's death through the taxable year for which the |
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| 187 | + | 10 exemption is sought; and (iv) the surviving spouse of a |
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| 188 | + | 11 veteran whose death was determined to be |
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| 189 | + | 12 service-connected, but who would not otherwise qualify |
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| 190 | + | 13 under item (i), (ii), or (iii), if the spouse (A) is |
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| 191 | + | 14 certified by the United States Department of Veterans |
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| 192 | + | 15 Affairs as a recipient of dependency and indemnity |
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| 193 | + | 16 compensation under federal law at any time prior to the |
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| 194 | + | 17 expiration of the application period in effect for the |
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| 195 | + | 18 exemption for the taxable year for which the exemption is |
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| 196 | + | 19 sought and (B) remains eligible for that dependency and |
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| 197 | + | 20 indemnity compensation as of January 1 of the taxable year |
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| 198 | + | 21 for which the exemption is sought. |
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| 199 | + | 22 (c-1) Beginning with taxable year 2015, nothing in this |
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| 200 | + | 23 Section shall require the veteran to have qualified for or |
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| 201 | + | 24 obtained the exemption before death if the veteran was killed |
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| 202 | + | 25 in the line of duty. |
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| 203 | + | 26 (d) The exemption under this Section applies for taxable |
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| 214 | + | 1 year 2007 and thereafter. A taxpayer who claims an exemption |
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| 215 | + | 2 under Section 15-165 or 15-168 may not claim an exemption |
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| 216 | + | 3 under this Section. |
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| 217 | + | 4 (e) Except as otherwise provided in this subsection (e), |
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| 218 | + | 5 each taxpayer who has been granted an exemption under this |
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| 219 | + | 6 Section must reapply on an annual basis, except that a veteran |
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| 220 | + | 7 who qualifies as a result of his or her service in World War II |
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| 221 | + | 8 need not reapply. Application must be made during the |
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| 222 | + | 9 application period in effect for the county of his or her |
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| 223 | + | 10 residence. The assessor or chief county assessment officer may |
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| 224 | + | 11 determine the eligibility of residential property to receive |
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| 225 | + | 12 the homestead exemption provided by this Section by |
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| 226 | + | 13 application, visual inspection, questionnaire, or other |
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| 227 | + | 14 reasonable methods. The determination must be made in |
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| 228 | + | 15 accordance with guidelines established by the Department. |
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| 229 | + | 16 On and after May 23, 2022 (the effective date of Public Act |
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| 230 | + | 17 102-895), if a veteran has a combined service connected |
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| 231 | + | 18 disability rating of 100% and is deemed to be permanently and |
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| 232 | + | 19 totally disabled, as certified by the United States Department |
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| 233 | + | 20 of Veterans Affairs, the taxpayer who has been granted an |
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| 234 | + | 21 exemption under this Section shall no longer be required to |
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| 235 | + | 22 reapply for the exemption on an annual basis, and the |
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| 236 | + | 23 exemption shall be in effect for as long as the exemption would |
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| 237 | + | 24 otherwise be permitted under this Section. |
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| 238 | + | 25 (e-1) If the person qualifying for the exemption does not |
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| 239 | + | 26 occupy the qualified residence as of January 1 of the taxable |
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| 250 | + | 1 year, the exemption granted under this Section shall be |
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| 251 | + | 2 prorated on a monthly basis. The prorated exemption shall |
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| 252 | + | 3 apply beginning with the first complete month in which the |
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| 253 | + | 4 person occupies the qualified residence. |
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| 254 | + | 5 (e-5) Notwithstanding any other provision of law, each |
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| 255 | + | 6 chief county assessment officer may approve this exemption for |
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| 256 | + | 7 the 2020 taxable year, without application, for any property |
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| 257 | + | 8 that was approved for this exemption for the 2019 taxable |
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| 258 | + | 9 year, provided that: |
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| 259 | + | 10 (1) the county board has declared a local disaster as |
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| 260 | + | 11 provided in the Illinois Emergency Management Agency Act |
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| 261 | + | 12 related to the COVID-19 public health emergency; |
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| 262 | + | 13 (2) the owner of record of the property as of January |
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| 263 | + | 14 1, 2020 is the same as the owner of record of the property |
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| 264 | + | 15 as of January 1, 2019; |
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| 265 | + | 16 (3) the exemption for the 2019 taxable year has not |
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| 266 | + | 17 been determined to be an erroneous exemption as defined by |
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| 267 | + | 18 this Code; and |
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| 268 | + | 19 (4) the applicant for the 2019 taxable year has not |
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| 269 | + | 20 asked for the exemption to be removed for the 2019 or 2020 |
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| 270 | + | 21 taxable years. |
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| 271 | + | 22 Nothing in this subsection shall preclude a veteran whose |
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| 272 | + | 23 service connected disability rating has changed since the 2019 |
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| 273 | + | 24 exemption was granted from applying for the exemption based on |
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| 274 | + | 25 the subsequent service connected disability rating. |
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| 275 | + | 26 (e-10) Notwithstanding any other provision of law, each |
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| 286 | + | 1 chief county assessment officer may approve this exemption for |
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| 287 | + | 2 the 2021 taxable year, without application, for any property |
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| 288 | + | 3 that was approved for this exemption for the 2020 taxable |
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| 289 | + | 4 year, if: |
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| 290 | + | 5 (1) the county board has declared a local disaster as |
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| 291 | + | 6 provided in the Illinois Emergency Management Agency Act |
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| 292 | + | 7 related to the COVID-19 public health emergency; |
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| 293 | + | 8 (2) the owner of record of the property as of January |
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| 294 | + | 9 1, 2021 is the same as the owner of record of the property |
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| 295 | + | 10 as of January 1, 2020; |
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| 296 | + | 11 (3) the exemption for the 2020 taxable year has not |
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| 297 | + | 12 been determined to be an erroneous exemption as defined by |
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| 298 | + | 13 this Code; and |
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| 299 | + | 14 (4) the taxpayer for the 2020 taxable year has not |
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| 300 | + | 15 asked for the exemption to be removed for the 2020 or 2021 |
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| 301 | + | 16 taxable years. |
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| 302 | + | 17 Nothing in this subsection shall preclude a veteran whose |
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| 303 | + | 18 service connected disability rating has changed since the 2020 |
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| 304 | + | 19 exemption was granted from applying for the exemption based on |
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| 305 | + | 20 the subsequent service connected disability rating. |
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| 306 | + | 21 (f) For the purposes of this Section: |
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| 307 | + | 22 "Qualified residence" means, before tax year 2023, real |
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| 308 | + | 23 property, but less any portion of that property that is used |
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| 309 | + | 24 for commercial purposes, with an equalized assessed value of |
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| 310 | + | 25 less than $250,000 that is the primary residence of a veteran |
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| 311 | + | 26 with a disability. "Qualified residence" means, for tax year |
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| 312 | + | |
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| 313 | + | |
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| 314 | + | |
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| 315 | + | |
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| 316 | + | |
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| 317 | + | HB0612 Enrolled - 9 - LRB103 04197 HLH 49203 b |
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| 318 | + | |
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| 319 | + | |
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| 320 | + | HB0612 Enrolled- 10 -LRB103 04197 HLH 49203 b HB0612 Enrolled - 10 - LRB103 04197 HLH 49203 b |
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| 321 | + | HB0612 Enrolled - 10 - LRB103 04197 HLH 49203 b |
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| 322 | + | 1 2023 and thereafter, real property, but less any portion of |
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| 323 | + | 2 that property that is used for commercial purposes, that is |
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| 324 | + | 3 the primary residence of a veteran with a disability. Property |
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| 325 | + | 4 rented for more than 6 months is presumed to be used for |
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| 326 | + | 5 commercial purposes. |
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| 327 | + | 6 "Service-connected disability" means an illness or injury |
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| 328 | + | 7 (i) that was caused by or worsened by active military service, |
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| 329 | + | 8 (ii) that is a current disability as of the date of the |
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| 330 | + | 9 application for the exemption under this Section for the |
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| 331 | + | 10 applicable tax year, as demonstrated by the veteran's United |
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| 332 | + | 11 States Department of Veterans Affairs certification, and (iii) |
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| 333 | + | 12 for which the veteran receives disability compensation. |
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| 334 | + | 13 For tax years 2022 and prior, "veteran" "Veteran" means an |
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| 335 | + | 14 Illinois resident who has served as a member of the United |
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| 336 | + | 15 States Armed Forces on active duty or State active duty, a |
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| 337 | + | 16 member of the Illinois National Guard, or a member of the |
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| 338 | + | 17 United States Reserve Forces and who has received an honorable |
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| 339 | + | 18 discharge. For taxable years 2023 and thereafter, "veteran" |
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| 340 | + | 19 means an Illinois resident who has served as a member of the |
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| 341 | + | 20 United States Armed Forces on active duty or State active |
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| 342 | + | 21 duty, a member of the Illinois National Guard, or a member of |
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| 343 | + | 22 the United States Reserve Forces and who has a |
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| 344 | + | 23 service-connected disability, as certified by the United |
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| 345 | + | 24 States Department of Veterans Affairs, and receives disability |
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| 346 | + | 25 compensation. |
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| 347 | + | 26 (Source: P.A. 102-136, eff. 7-23-21; 102-895, eff. 5-23-22; |
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| 348 | + | |
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| 352 | + | |
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| 353 | + | HB0612 Enrolled - 10 - LRB103 04197 HLH 49203 b |
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| 355 | + | |
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| 356 | + | HB0612 Enrolled- 11 -LRB103 04197 HLH 49203 b HB0612 Enrolled - 11 - LRB103 04197 HLH 49203 b |
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| 357 | + | HB0612 Enrolled - 11 - LRB103 04197 HLH 49203 b |
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| 358 | + | 1 103-154, eff. 6-30-23.) |
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| 359 | + | |
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| 363 | + | |
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| 364 | + | HB0612 Enrolled - 11 - LRB103 04197 HLH 49203 b |
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