Illinois 2023-2024 Regular Session

Illinois House Bill HB3279 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3279 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:   35 ILCS 200/15-175   35 ILCS 200/17-10 35 ILCS 200/Art. 31 rep.765 ILCS 5/40 new765 ILCS 5/41 new  Repeals the Real Estate Transfer Tax Law of the Property Code. Moves provisions concerning the real estate transfer declarations and exemptions to the Conveyance Act. Makes conforming changes.  LRB103 05276 SPS 50294 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3279 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:  35 ILCS 200/15-175   35 ILCS 200/17-10 35 ILCS 200/Art. 31 rep.765 ILCS 5/40 new765 ILCS 5/41 new 35 ILCS 200/15-175  35 ILCS 200/17-10  35 ILCS 200/Art. 31 rep.  765 ILCS 5/40 new  765 ILCS 5/41 new  Repeals the Real Estate Transfer Tax Law of the Property Code. Moves provisions concerning the real estate transfer declarations and exemptions to the Conveyance Act. Makes conforming changes.  LRB103 05276 SPS 50294 b     LRB103 05276 SPS 50294 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3279 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-175   35 ILCS 200/17-10 35 ILCS 200/Art. 31 rep.765 ILCS 5/40 new765 ILCS 5/41 new 35 ILCS 200/15-175  35 ILCS 200/17-10  35 ILCS 200/Art. 31 rep.  765 ILCS 5/40 new  765 ILCS 5/41 new
35 ILCS 200/15-175
35 ILCS 200/17-10
35 ILCS 200/Art. 31 rep.
765 ILCS 5/40 new
765 ILCS 5/41 new
Repeals the Real Estate Transfer Tax Law of the Property Code. Moves provisions concerning the real estate transfer declarations and exemptions to the Conveyance Act. Makes conforming changes.
LRB103 05276 SPS 50294 b     LRB103 05276 SPS 50294 b
    LRB103 05276 SPS 50294 b
A BILL FOR
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  HB3279  LRB103 05276 SPS 50294 b
1  AN ACT concerning revenue.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Property Tax Code is amended by changing
5  Sections 15-175 and 17-10 as follows:
6  (35 ILCS 200/15-175)
7  Sec. 15-175. General homestead exemption.
8  (a) Except as provided in Sections 15-176 and 15-177,
9  homestead property is entitled to an annual homestead
10  exemption limited, except as described here with relation to
11  cooperatives or life care facilities, to a reduction in the
12  equalized assessed value of homestead property equal to the
13  increase in equalized assessed value for the current
14  assessment year above the equalized assessed value of the
15  property for 1977, up to the maximum reduction set forth
16  below. If however, the 1977 equalized assessed value upon
17  which taxes were paid is subsequently determined by local
18  assessing officials, the Property Tax Appeal Board, or a court
19  to have been excessive, the equalized assessed value which
20  should have been placed on the property for 1977 shall be used
21  to determine the amount of the exemption.
22  (b) Except as provided in Section 15-176, the maximum
23  reduction before taxable year 2004 shall be $4,500 in counties

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3279 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-175   35 ILCS 200/17-10 35 ILCS 200/Art. 31 rep.765 ILCS 5/40 new765 ILCS 5/41 new 35 ILCS 200/15-175  35 ILCS 200/17-10  35 ILCS 200/Art. 31 rep.  765 ILCS 5/40 new  765 ILCS 5/41 new
35 ILCS 200/15-175
35 ILCS 200/17-10
35 ILCS 200/Art. 31 rep.
765 ILCS 5/40 new
765 ILCS 5/41 new
Repeals the Real Estate Transfer Tax Law of the Property Code. Moves provisions concerning the real estate transfer declarations and exemptions to the Conveyance Act. Makes conforming changes.
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A BILL FOR

 

 

35 ILCS 200/15-175
35 ILCS 200/17-10
35 ILCS 200/Art. 31 rep.
765 ILCS 5/40 new
765 ILCS 5/41 new



    LRB103 05276 SPS 50294 b

 

 



 

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1  with 3,000,000 or more inhabitants and $3,500 in all other
2  counties. Except as provided in Sections 15-176 and 15-177,
3  for taxable years 2004 through 2007, the maximum reduction
4  shall be $5,000, for taxable year 2008, the maximum reduction
5  is $5,500, and, for taxable years 2009 through 2011, the
6  maximum reduction is $6,000 in all counties. For taxable years
7  2012 through 2016, the maximum reduction is $7,000 in counties
8  with 3,000,000 or more inhabitants and $6,000 in all other
9  counties. For taxable years 2017 through 2022, the maximum
10  reduction is $10,000 in counties with 3,000,000 or more
11  inhabitants and $6,000 in all other counties. For taxable
12  years 2023 and thereafter, the maximum reduction is $10,000 in
13  counties with 3,000,000 or more inhabitants, $8,000 in
14  counties that are contiguous to a county of 3,000,000 or more
15  inhabitants, and $6,000 in all other counties. If a county has
16  elected to subject itself to the provisions of Section 15-176
17  as provided in subsection (k) of that Section, then, for the
18  first taxable year only after the provisions of Section 15-176
19  no longer apply, for owners who, for the taxable year, have not
20  been granted a senior citizens assessment freeze homestead
21  exemption under Section 15-172 or a long-time occupant
22  homestead exemption under Section 15-177, there shall be an
23  additional exemption of $5,000 for owners with a household
24  income of $30,000 or less.
25  (c) In counties with fewer than 3,000,000 inhabitants, if,
26  based on the most recent assessment, the equalized assessed

 

 

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1  value of the homestead property for the current assessment
2  year is greater than the equalized assessed value of the
3  property for 1977, the owner of the property shall
4  automatically receive the exemption granted under this Section
5  in an amount equal to the increase over the 1977 assessment up
6  to the maximum reduction set forth in this Section.
7  (d) If in any assessment year beginning with the 2000
8  assessment year, homestead property has a pro-rata valuation
9  under Section 9-180 resulting in an increase in the assessed
10  valuation, a reduction in equalized assessed valuation equal
11  to the increase in equalized assessed value of the property
12  for the year of the pro-rata valuation above the equalized
13  assessed value of the property for 1977 shall be applied to the
14  property on a proportionate basis for the period the property
15  qualified as homestead property during the assessment year.
16  The maximum proportionate homestead exemption shall not exceed
17  the maximum homestead exemption allowed in the county under
18  this Section divided by 365 and multiplied by the number of
19  days the property qualified as homestead property.
20  (d-1) In counties with 3,000,000 or more inhabitants,
21  where the chief county assessment officer provides a notice of
22  discovery, if a property is not occupied by its owner as a
23  principal residence as of January 1 of the current tax year,
24  then the property owner shall notify the chief county
25  assessment officer of that fact on a form prescribed by the
26  chief county assessment officer. That notice must be received

 

 

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1  by the chief county assessment officer on or before March 1 of
2  the collection year. If mailed, the form shall be sent by
3  certified mail, return receipt requested. If the form is
4  provided in person, the chief county assessment officer shall
5  provide a date stamped copy of the notice. Failure to provide
6  timely notice pursuant to this subsection (d-1) shall result
7  in the exemption being treated as an erroneous exemption. Upon
8  timely receipt of the notice for the current tax year, no
9  exemption shall be applied to the property for the current tax
10  year. If the exemption is not removed upon timely receipt of
11  the notice by the chief assessment officer, then the error is
12  considered granted as a result of a clerical error or omission
13  on the part of the chief county assessment officer as
14  described in subsection (h) of Section 9-275, and the property
15  owner shall not be liable for the payment of interest and
16  penalties due to the erroneous exemption for the current tax
17  year for which the notice was filed after the date that notice
18  was timely received pursuant to this subsection. Notice
19  provided under this subsection shall not constitute a defense
20  or amnesty for prior year erroneous exemptions.
21  For the purposes of this subsection (d-1):
22  "Collection year" means the year in which the first and
23  second installment of the current tax year is billed.
24  "Current tax year" means the year prior to the collection
25  year.
26  (e) The chief county assessment officer may, when

 

 

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1  considering whether to grant a leasehold exemption under this
2  Section, require the following conditions to be met:
3  (1) that a notarized application for the exemption,
4  signed by both the owner and the lessee of the property,
5  must be submitted each year during the application period
6  in effect for the county in which the property is located;
7  (2) that a copy of the lease must be filed with the
8  chief county assessment officer by the owner of the
9  property at the time the notarized application is
10  submitted;
11  (3) that the lease must expressly state that the
12  lessee is liable for the payment of property taxes; and
13  (4) that the lease must include the following language
14  in substantially the following form:
15  "Lessee shall be liable for the payment of real
16  estate taxes with respect to the residence in
17  accordance with the terms and conditions of Section
18  15-175 of the Property Tax Code (35 ILCS 200/15-175).
19  The permanent real estate index number for the
20  premises is (insert number), and, according to the
21  most recent property tax bill, the current amount of
22  real estate taxes associated with the premises is
23  (insert amount) per year. The parties agree that the
24  monthly rent set forth above shall be increased or
25  decreased pro rata (effective January 1 of each
26  calendar year) to reflect any increase or decrease in

 

 

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1  real estate taxes. Lessee shall be deemed to be
2  satisfying Lessee's liability for the above mentioned
3  real estate taxes with the monthly rent payments as
4  set forth above (or increased or decreased as set
5  forth herein).".
6  In addition, if there is a change in lessee, or if the
7  lessee vacates the property, then the chief county assessment
8  officer may require the owner of the property to notify the
9  chief county assessment officer of that change.
10  This subsection (e) does not apply to leasehold interests
11  in property owned by a municipality.
12  (f) "Homestead property" under this Section includes
13  residential property that is occupied by its owner or owners
14  as his or their principal dwelling place, or that is a
15  leasehold interest on which a single family residence is
16  situated, which is occupied as a residence by a person who has
17  an ownership interest therein, legal or equitable or as a
18  lessee, and on which the person is liable for the payment of
19  property taxes. For land improved with an apartment building
20  owned and operated as a cooperative, the maximum reduction
21  from the equalized assessed value shall be limited to the
22  increase in the value above the equalized assessed value of
23  the property for 1977, up to the maximum reduction set forth
24  above, multiplied by the number of apartments or units
25  occupied by a person or persons who is liable, by contract with
26  the owner or owners of record, for paying property taxes on the

 

 

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1  property and is an owner of record of a legal or equitable
2  interest in the cooperative apartment building, other than a
3  leasehold interest. For land improved with a life care
4  facility, the maximum reduction from the value of the
5  property, as equalized by the Department, shall be multiplied
6  by the number of apartments or units occupied by a person or
7  persons, irrespective of any legal, equitable, or leasehold
8  interest in the facility, who are liable, under a life care
9  contract with the owner or owners of record of the facility,
10  for paying property taxes on the property. For purposes of
11  this Section, the term "life care facility" has the meaning
12  stated in Section 15-170.
13  "Household", as used in this Section, means the owner, the
14  spouse of the owner, and all persons using the residence of the
15  owner as their principal place of residence.
16  "Household income", as used in this Section, means the
17  combined income of the members of a household for the calendar
18  year preceding the taxable year.
19  "Income", as used in this Section, has the same meaning as
20  provided in Section 3.07 of the Senior Citizens and Persons
21  with Disabilities Property Tax Relief Act, except that
22  "income" does not include veteran's benefits.
23  (g) In a cooperative or life care facility where a
24  homestead exemption has been granted, the cooperative
25  association or the management of the cooperative or life care
26  facility shall credit the savings resulting from that

 

 

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1  exemption only to the apportioned tax liability of the owner
2  or resident who qualified for the exemption. Any person who
3  willfully refuses to so credit the savings shall be guilty of a
4  Class B misdemeanor.
5  (h) Where married persons maintain and reside in separate
6  residences qualifying as homestead property, each residence
7  shall receive 50% of the total reduction in equalized assessed
8  valuation provided by this Section.
9  (i) In all counties, the assessor or chief county
10  assessment officer may determine the eligibility of
11  residential property to receive the homestead exemption and
12  the amount of the exemption by application, visual inspection,
13  questionnaire or other reasonable methods. The determination
14  shall be made in accordance with guidelines established by the
15  Department, provided that the taxpayer applying for an
16  additional general exemption under this Section shall submit
17  to the chief county assessment officer an application with an
18  affidavit of the applicant's total household income, age,
19  marital status (and, if married, the name and address of the
20  applicant's spouse, if known), and principal dwelling place of
21  members of the household on January 1 of the taxable year. The
22  Department shall issue guidelines establishing a method for
23  verifying the accuracy of the affidavits filed by applicants
24  under this paragraph. The applications shall be clearly marked
25  as applications for the Additional General Homestead
26  Exemption.

 

 

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1  (i-5) This subsection (i-5) applies to counties with
2  3,000,000 or more inhabitants. In the event of a sale of
3  homestead property, the homestead exemption shall remain in
4  effect for the remainder of the assessment year of the sale.
5  Upon receipt of a transfer declaration transmitted by the
6  recorder pursuant to Section 40 of the Conveyances Act Section
7  31-30 of the Real Estate Transfer Tax Law for property
8  receiving an exemption under this Section, the assessor shall
9  mail a notice and forms to the new owner of the property
10  providing information pertaining to the rules and applicable
11  filing periods for applying or reapplying for homestead
12  exemptions under this Code for which the property may be
13  eligible. If the new owner fails to apply or reapply for a
14  homestead exemption during the applicable filing period or the
15  property no longer qualifies for an existing homestead
16  exemption, the assessor shall cancel such exemption for any
17  ensuing assessment year.
18  (j) In counties with fewer than 3,000,000 inhabitants, in
19  the event of a sale of homestead property the homestead
20  exemption shall remain in effect for the remainder of the
21  assessment year of the sale. The assessor or chief county
22  assessment officer may require the new owner of the property
23  to apply for the homestead exemption for the following
24  assessment year.
25  (k) Notwithstanding Sections 6 and 8 of the State Mandates
26  Act, no reimbursement by the State is required for the

 

 

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1  implementation of any mandate created by this Section.
2  (l) The changes made to this Section by this amendatory
3  Act of the 100th General Assembly are effective for the 2018
4  tax year and thereafter.
5  (Source: P.A. 102-895, eff. 5-23-22.)
6  (35 ILCS 200/17-10)
7  Sec. 17-10. Sales ratio studies. The Department shall
8  monitor the quality of local assessments by designing,
9  preparing and using ratio studies, and shall use the results
10  as the basis for equalization decisions. In compiling sales
11  ratio studies, the Department shall exclude from the reported
12  sales price of any property any amounts included for personal
13  property and, for sales occurring through December 31, 1999,
14  shall exclude seller paid points. The Department shall not
15  include in its sales ratio studies sales of property which
16  have been platted and for which an increase in the assessed
17  valuation is restricted by Section 10-30. The Department shall
18  not include in its sales ratio studies the initial sale of
19  residential property that has been converted to condominium
20  property. The Department shall include compulsory sales
21  occurring on or after January 1, 2011 in its sales ratio
22  studies. The Department shall also consider whether the
23  compulsory sale would otherwise be considered an arm's length
24  transaction, based on existing sales ratio study standards.
25  When the declaration required under Section 40 of the

 

 

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1  Conveyances Act the Real Estate Transfer Tax Law contains
2  financing information required under Section 31-25, the
3  Department shall adjust sales prices to exclude seller-paid
4  points and shall adjust sales prices to "cash value" when
5  seller related financing is used that is different than the
6  prevailing cost of cash. The prevailing cost of cash for sales
7  occurring on or after January 1, 1992 shall be established as
8  the monthly average 30-year fixed Primary Mortgage Market
9  Survey rate for the North Central Region as published weekly
10  by the Federal Home Loan Mortgage Corporation, as computed by
11  the Department, or such other rate as determined by the
12  Department. This rate shall be known as the survey rate. For
13  sales occurring on or after January 1, 1992, through December
14  31, 1999, adjustments in the prevailing cost of cash shall be
15  made only after the survey rate has been at or above 13% for 12
16  consecutive months and will continue until the survey rate has
17  been below 13% for 12 consecutive months. For sales occurring
18  on or after January 1, 2000, adjustments for seller paid
19  points and adjustments in the prevailing cost of cash shall be
20  made only after the survey rate has been at or above 13% for 12
21  consecutive months and will continue until the survey rate has
22  been below 13% for 12 consecutive months. The Department shall
23  make public its adjustment procedure upon request.
24  (Source: P.A. 96-1083, eff. 7-16-10.)
25  (35 ILCS 200/Art. 31 rep.)

 

 

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1  Section 10. The Property Tax Code is amended by repealing
2  Article 31.
3  Section 15. The Conveyances Act is amended by adding
4  Sections 40 and 41 as follows:
5  (765 ILCS 5/40 new)
6  Sec. 40. Transfer declaration. At the time a deed, a
7  document transferring a controlling interest in real property,
8  or trust document is presented for recordation, or within 3
9  business days after the transfer is effected, whichever is
10  earlier, there shall also be presented to the recorder or
11  registrar of titles a declaration, signed by at least one of
12  the sellers and also signed by at least one of the buyers in
13  the transaction or by the attorneys or agents for the sellers
14  or buyers. The declaration shall state information including,
15  but not limited to: (1) the value of the real property or
16  beneficial interest in real property located in Illinois so
17  transferred; (2) the parcel identifying number of the
18  property; (3) the legal description of the property; (4) the
19  date of the deed, the date the transfer was effected, or the
20  date of the trust document; (5) the type of deed, transfer, or
21  trust document; (6) the address of the property; (7) the type
22  of improvement, if any, on the property; (8) information as to
23  whether the transfer is between related individuals or
24  corporate affiliates or is a compulsory transaction; (9) the

 

 

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1  lot size or acreage; (10) the value of personal property sold
2  with the real estate; (11) the year the contract was initiated
3  if an installment sale; (12) any homestead exemptions, as
4  provided in Sections 15-170, 15-172, 15-175, and 15-176 of the
5  Property Tax Code as reflected on the most recent annual tax
6  bill; (13) the name, address, and telephone number of the
7  person preparing the declaration; and (14) whether the
8  transfer is pursuant to compulsory sale. Except as provided in
9  Section 41, a deed, a document transferring a controlling
10  interest in real property, or trust document shall not be
11  accepted for recordation unless it is accompanied by a
12  declaration containing all the information requested in the
13  declaration. When the declaration is signed by an attorney or
14  agent on behalf of sellers or buyers who have the power of
15  direction to deal with the title to the real estate under a
16  land trust agreement, the trustee being the mere repository of
17  record legal title with a duty of conveying the real estate
18  only when and if directed in writing by the beneficiary or
19  beneficiaries having the power of direction, the attorneys or
20  agents executing the declaration on behalf of the sellers or
21  buyers need identify only the land trust that is the
22  repository of record legal title and not the beneficiary or
23  beneficiaries having the power of direction under the land
24  trust agreement. The declaration form shall be prescribed by
25  the Department of Revenue and shall contain sales information
26  questions. The subject of the financing questions shall

 

 

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1  include any direct seller participation in the financing of
2  the sale or information on financing that is unconventional so
3  as to affect the fair cash value received by the seller.
4  (765 ILCS 5/41 new)
5  Sec. 41. Exemptions. The following deeds or trust
6  documents shall be exempt from the transfer declaration
7  described in Section 40:
8  (1) Deeds representing real estate transfers made
9  before January 1, 1968, but recorded after that date and
10  trust documents executed before January 1, 1986, but
11  recorded after that date.
12  (2) Deeds to or trust documents relating to (i)
13  property acquired by any governmental body or from any
14  governmental body, (ii) property or interests transferred
15  between governmental bodies, or (iii) property acquired by
16  or from any corporation, society, association, foundation
17  or institution organized and operated exclusively for
18  charitable, religious or educational purposes. However,
19  deeds or trust documents, other than those in which the
20  Administrator of Veterans Affairs of the United States is
21  the grantee pursuant to a foreclosure proceeding, shall
22  not be exempt from filing the declaration.
23  (3) Deeds or trust documents that secure debt or other
24  obligation.
25  (4) Deeds or trust documents that, without additional

 

 

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1  consideration, confirm, correct, modify, or supplement a
2  deed or trust document previously recorded.
3  (5) Deeds or trust documents where the actual
4  consideration is less than $100.
5  (6) Tax deeds.
6  (g) Deeds or trust documents that release property
7  that is security for a debt or other obligation.
8  (7) Deeds of partition.
9  (8) Deeds or trust documents made pursuant to mergers,
10  consolidations or transfers or sales of substantially all
11  of the assets of corporations under plans of
12  reorganization under the Federal Internal Revenue Code or
13  Title 11 of the Federal Bankruptcy Act.
14  (9) Deeds or trust documents made by a subsidiary
15  corporation to its parent corporation for no consideration
16  other than the cancellation or surrender of the
17  subsidiary's stock.
18  (10) Deeds when there is an actual exchange of real
19  estate and trust documents when there is an actual
20  exchange of beneficial interests, except that that money
21  difference or money's worth paid from one to the other is
22  not exempt from the tax. These deeds or trust documents,
23  however, shall not be exempt from filing the declaration.
24  (11) Deeds issued to a holder of a mortgage, as
25  defined in Section 15-103 of the Code of Civil Procedure,
26  pursuant to a mortgage foreclosure proceeding or pursuant

 

 

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1  to a transfer in lieu of foreclosure.
2  (12) A deed or trust document related to the purchase
3  of a principal residence by a participant in the program
4  authorized by the Home Ownership Made Easy Act, except
5  that those deeds and trust documents shall not be exempt
6  from filing the declaration.

 

 

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