Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2395 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2395 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355 Amends the Property Tax Code. Reduces the interest rate for delinquent taxes in Cook County to 0.75% for tax year 2023 and thereafter. LRB103 29197 HLH 57179 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2395 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355 Amends the Property Tax Code. Reduces the interest rate for delinquent taxes in Cook County to 0.75% for tax year 2023 and thereafter. LRB103 29197 HLH 57179 b LRB103 29197 HLH 57179 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2395 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355
44 35 ILCS 200/9-260
55 35 ILCS 200/18-250
66 35 ILCS 200/21-15
77 35 ILCS 200/21-25
88 35 ILCS 200/21-45
99 35 ILCS 200/21-355
1010 Amends the Property Tax Code. Reduces the interest rate for delinquent taxes in Cook County to 0.75% for tax year 2023 and thereafter.
1111 LRB103 29197 HLH 57179 b LRB103 29197 HLH 57179 b
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1313 A BILL FOR
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1616 1 AN ACT concerning revenue.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Property Tax Code is amended by changing
2020 5 Sections 9-260, 18-250, 21-15, 21-25, 21-45, and 21-355 as
2121 6 follows:
2222 7 (35 ILCS 200/9-260)
2323 8 Sec. 9-260. Assessment of omitted property; counties of
2424 9 3,000,000 or more.
2525 10 (a) After signing the affidavit, the county assessor shall
2626 11 have power, when directed by the board of appeals (until the
2727 12 first Monday in December 1998 and the board of review
2828 13 beginning the first Monday in December 1998 and thereafter),
2929 14 or on his or her own initiative, subject to the limitations of
3030 15 Sections 9-265 and 9-270, to assess properties which may have
3131 16 been omitted from assessments for the current year and not
3232 17 more than 3 years prior to the current year for which the
3333 18 property was liable to be taxed, and for which the tax has not
3434 19 been paid, but only on notice and an opportunity to be heard in
3535 20 the manner and form required by law, and shall enter the
3636 21 assessments upon the assessment books. Any notice shall
3737 22 include (i) a request that a person receiving the notice who is
3838 23 not the current taxpayer contact the office of the county
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4242 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2395 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
4343 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355 35 ILCS 200/9-260 35 ILCS 200/18-250 35 ILCS 200/21-15 35 ILCS 200/21-25 35 ILCS 200/21-45 35 ILCS 200/21-355
4444 35 ILCS 200/9-260
4545 35 ILCS 200/18-250
4646 35 ILCS 200/21-15
4747 35 ILCS 200/21-25
4848 35 ILCS 200/21-45
4949 35 ILCS 200/21-355
5050 Amends the Property Tax Code. Reduces the interest rate for delinquent taxes in Cook County to 0.75% for tax year 2023 and thereafter.
5151 LRB103 29197 HLH 57179 b LRB103 29197 HLH 57179 b
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5353 A BILL FOR
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5959 35 ILCS 200/9-260
6060 35 ILCS 200/18-250
6161 35 ILCS 200/21-15
6262 35 ILCS 200/21-25
6363 35 ILCS 200/21-45
6464 35 ILCS 200/21-355
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8383 1 assessor and explain that the person is not the current
8484 2 taxpayer, which contact may be made on the telephone, in
8585 3 writing, or in person upon receipt of the notice, and (ii) the
8686 4 name, address, and telephone number of the appropriate
8787 5 personnel in the office of the county assessor to whom the
8888 6 response should be made. Any time period for the review of an
8989 7 omitted assessment included in the notice shall be consistent
9090 8 with the time period established by the assessor in accordance
9191 9 with subsection (a) of Section 12-55. No charge for tax of
9292 10 previous years shall be made against any property if (1) the
9393 11 assessor failed to notify the board of review of the omitted
9494 12 assessment in accordance with subsection (a-1) of this
9595 13 Section; (2) the property was last assessed as unimproved, the
9696 14 owner of such property gave notice of subsequent improvements
9797 15 and requested a reassessment as required by Section 9-180, and
9898 16 reassessment of the property was not made within the 16 month
9999 17 period immediately following the receipt of that notice; (3)
100100 18 the owner of the property gave notice as required by Section
101101 19 9-265; (4) the assessor received a building permit for the
102102 20 property evidencing that new construction had occurred or was
103103 21 occurring on the property but failed to list the improvement
104104 22 on the tax rolls; (5) the assessor received a plat map, plat of
105105 23 survey, ALTA survey, mortgage survey, or other similar
106106 24 document containing the omitted property but failed to list
107107 25 the improvement on the tax rolls; (6) the assessor received a
108108 26 real estate transfer declaration indicating a sale from an
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119119 1 exempt property owner to a non-exempt property owner but
120120 2 failed to list the property on the tax rolls; or (7) the
121121 3 property was the subject of an assessment appeal before the
122122 4 assessor or the board of review that had included the intended
123123 5 omitted property as part of the assessment appeal and provided
124124 6 evidence of its market value.
125125 7 (a-1) After providing notice and an opportunity to be
126126 8 heard as required by subsection (a) of this Section, the
127127 9 assessor shall render a decision on the omitted assessment,
128128 10 whether or not the omitted assessment was contested, and shall
129129 11 mail a notice of the decision to the taxpayer of record or to
130130 12 the party that contested the omitted assessment. The notice of
131131 13 decision shall contain a statement that the decision may be
132132 14 appealed to the board of review. The decision and all evidence
133133 15 used in the decision shall be transmitted by the assessor to
134134 16 the board of review on or before the dates specified in
135135 17 accordance with Section 16-110.
136136 18 (b) Any taxes based on the omitted assessment of a
137137 19 property pursuant to Sections 9-260 through 9-270 and Sections
138138 20 16-135 and 16-140 shall be prepared and mailed at the same time
139139 21 as the estimated first installment property tax bill for the
140140 22 preceding year (as described in Section 21-30) is prepared and
141141 23 mailed. The omitted assessment tax bill is not due until the
142142 24 date on which the second installment property tax bill for the
143143 25 preceding year becomes due. The omitted assessment tax bill
144144 26 shall be deemed delinquent and shall bear interest beginning
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155155 1 on the day after the due date of the second installment (as
156156 2 described in Section 21-25). Any taxes for omitted assessments
157157 3 for a tax year prior to tax year 2023 that are deemed
158158 4 delinquent after the due date of the second installment tax
159159 5 bill shall bear interest at the rate of 1.5% per month or
160160 6 portion thereof until paid or forfeited (as described in
161161 7 Section 21-25). Any taxes for omitted assessments for tax year
162162 8 2023 or thereafter that are deemed delinquent after the due
163163 9 date of the second installment tax bill shall bear interest at
164164 10 the rate of 0.75% per month or portion thereof until paid or
165165 11 forfeited (as described in Section 21-25).
166166 12 (c) The assessor shall have no power to change the
167167 13 assessment or alter the assessment books in any other manner
168168 14 or for any other purpose so as to change or affect the taxes in
169169 15 that year, except as ordered by the board of appeals (until the
170170 16 first Monday in December 1998 and the board of review
171171 17 beginning the first Monday in December 1998 and thereafter).
172172 18 The county assessor shall make all changes and corrections
173173 19 ordered by the board of appeals (until the first Monday in
174174 20 December 1998 and the board of review beginning the first
175175 21 Monday in December 1998 and thereafter). The county assessor
176176 22 may for the purpose of revision by the board of appeals (until
177177 23 the first Monday in December 1998 and the board of review
178178 24 beginning the first Monday in December 1998 and thereafter)
179179 25 certify the assessment books for any town or taxing district
180180 26 after or when such books are completed.
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191191 1 (Source: P.A. 96-1553, eff. 3-10-11.)
192192 2 (35 ILCS 200/18-250)
193193 3 Sec. 18-250. Additions to forfeited taxes and unpaid
194194 4 special assessments; fee for estimate.
195195 5 (a) When any property has been forfeited for taxes or
196196 6 special assessments, the clerk shall compute the amount of
197197 7 back taxes and special assessments, interest, statutory costs,
198198 8 and printer's fees remaining due, with one year's interest on
199199 9 all taxes forfeited, and enter them upon the collector's books
200200 10 as separate items. Except as otherwise provided in Section
201201 11 21-375, the aggregate so computed shall be collected in the
202202 12 same manner as the taxes on other property for that year. The
203203 13 county clerk shall examine the forfeitures, and strike all
204204 14 errors and make corrections as necessary. For counties with
205205 15 fewer than 3,000,000 inhabitants, interest Interest added to
206206 16 forfeitures under this Section shall be at the rate of 12% per
207207 17 year. For counties with 3,000,000 inhabitants or more,
208208 18 interest added to forfeitures under this Section shall accrue
209209 19 at the rate of: (i) 12% per year if the forfeiture is for a tax
210210 20 year prior to tax year 2023; or (ii) 0.75% per month, or
211211 21 portion thereof, if the forfeiture is for tax year 2023 or any
212212 22 tax year thereafter.
213213 23 (b) In counties with 3,000,000 or more inhabitants, taxes
214214 24 first extended for prior years, or previously extended for
215215 25 prior years for which application for judgment and order of
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226226 1 sale is not already pending, shall be added to the tax of the
227227 2 current year, with interest and costs as provided by law.
228228 3 Forfeitures shall not be so added, but they shall remain a lien
229229 4 on the property upon which they were charged until paid or sold
230230 5 as provided by law. There shall be added to such forfeitures
231231 6 annually the same interest as would be added if forfeited
232232 7 annually, until paid or sold, and the addition of each year's
233233 8 interest shall be considered a separate forfeiture.
234234 9 Forfeitures may be redeemed in the manner provided in Section
235235 10 21-370 or 21-375. Taxes and special assessments for which
236236 11 application for judgment and order of sale is pending, or
237237 12 entered but not enforced for any reason, shall not be added to
238238 13 the tax for the current year. However, if the taxes and special
239239 14 assessments remain unpaid, the property, shall be advertised
240240 15 and sold under judgments and orders of sale to be entered in
241241 16 pending applications, or already entered in prior
242242 17 applications, including judgments and orders of sale under
243243 18 which the purchaser fails to complete his or her purchase.
244244 19 (c) In counties with 3,000,000 or more inhabitants, on or
245245 20 before January 1, 2001 and during each year thereafter, the
246246 21 county clerk shall compute the amount of taxes on each
247247 22 property that remain due or forfeited for any year prior to the
248248 23 current year and have not become subject to Sections 20-180
249249 24 through 20-190, and the clerk shall enter the same upon the
250250 25 collector's warrant books of the current and all following
251251 26 years as separate items in a suitable column. The county clerk
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262262 1 shall examine the collector's warrant books and the Tax
263263 2 Judgment, Sale, Redemption and Forfeiture records for the
264264 3 appropriate years and may take any other actions as the clerk
265265 4 finds to be necessary or convenient in order to comply with
266266 5 this subsection. On and after January 1, 2001, any taxes for
267267 6 any year remaining due or forfeited against real property in
268268 7 such county not entered on the current collector's warrant
269269 8 books shall be deemed uncollectible and void, but shall not be
270270 9 subject to the posting or other requirements of Sections
271271 10 20-180 through 20-190.
272272 11 (d) In counties with 100,000 or more inhabitants, the
273273 12 county clerk shall, when making the annual collector's books,
274274 13 in a suitable column, insert and designate previous
275275 14 forfeitures of general taxes by the word "forfeiture", to be
276276 15 stamped opposite each property forfeited at the last previous
277277 16 tax sale for general taxes and not redeemed or purchased
278278 17 previous to the completion of the collector's books. The
279279 18 collectors of general taxes shall stamp upon all bills
280280 19 rendered and receipts given the information on the collector's
281281 20 books regarding forfeiture of general taxes, and the stamped
282282 21 notation shall also refer the recipient to the county clerk
283283 22 for full information. The county clerk shall be allowed to
284284 23 collect from the person requesting an estimate of costs of
285285 24 redemption of a forfeited property, the fee provided by law.
286286 25 (Source: P.A. 91-668, eff. 12-22-99.)
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297297 1 (35 ILCS 200/21-15)
298298 2 Sec. 21-15. General tax due dates; default by mortgage
299299 3 lender. Except as otherwise provided in this Section or
300300 4 Section 21-40, all property upon which the first installment
301301 5 of taxes remains unpaid on the later of (i) June 1 or (ii) the
302302 6 day after the date specified on the real estate tax bill as the
303303 7 first installment due date annually shall be deemed delinquent
304304 8 and shall bear interest after that date. If the property is
305305 9 located in a county with fewer than 3,000,000 inhabitants,
306306 10 then the unpaid taxes shall bear interest at the rate of 1 1/2%
307307 11 per month or portion thereof. If the property is located in a
308308 12 county with 3,000,000 or more inhabitants, then the unpaid
309309 13 taxes shall bear interest at the rate of: (i) 1.5% per month,
310310 14 or portion thereof, if the unpaid taxes are for a tax year
311311 15 prior to 2023; or (ii) 0.75% per month, or portion thereof, if
312312 16 the unpaid taxes are for tax year 2023 or thereafter. Except as
313313 17 otherwise provided in this Section or Section 21-40, all
314314 18 property upon which the second installment of taxes remains
315315 19 due and unpaid on the later of (i) September 1 or (ii) the day
316316 20 after the date specified on the real estate tax bill as the
317317 21 second installment due date, annually, shall be deemed
318318 22 delinquent and shall bear interest after that date at the same
319319 23 interest rate. Notwithstanding any other provision of law, if
320320 24 a taxpayer owes an arrearage of taxes due to an administrative
321321 25 error, and if the county collector sends a separate bill for
322322 26 that arrearage as provided in Section 14-41, then any part of
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333333 1 the arrearage of taxes that remains unpaid on the day after the
334334 2 due date specified on that tax bill shall be deemed delinquent
335335 3 and shall bear interest after that date at the rate of 1 1/2%
336336 4 per month or portion thereof. All interest collected shall be
337337 5 paid into the general fund of the county. Payment received by
338338 6 mail and postmarked on or before the required due date is not
339339 7 delinquent.
340340 8 Property not subject to the interest charge in Section
341341 9 9-260 or Section 9-265 shall also not be subject to the
342342 10 interest charge imposed by this Section until such time as the
343343 11 owner of the property receives actual notice of and is billed
344344 12 for the principal amount of back taxes due and owing.
345345 13 If an Illinois resident who is a member of the Illinois
346346 14 National Guard or a reserve component of the armed forces of
347347 15 the United States and who has an ownership interest in
348348 16 property taxed under this Act is called to active duty for
349349 17 deployment outside the continental United States and is on
350350 18 active duty on the due date of any installment of taxes due
351351 19 under this Act, he or she shall not be deemed delinquent in the
352352 20 payment of the installment and no interest shall accrue or be
353353 21 charged as a penalty on the installment until 180 days after
354354 22 that member returns from active duty. To be deemed not
355355 23 delinquent in the payment of an installment of taxes and any
356356 24 interest on that installment, the reservist or guardsperson
357357 25 must make a reasonable effort to notify the county clerk and
358358 26 the county collector of his or her activation to active duty
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369369 1 and must notify the county clerk and the county collector
370370 2 within 180 days after his or her deactivation and provide
371371 3 verification of the date of his or her deactivation. An
372372 4 installment of property taxes on the property of any reservist
373373 5 or guardsperson who fails to provide timely notice and
374374 6 verification of deactivation to the county clerk is subject to
375375 7 interest and penalties as delinquent taxes under this Code
376376 8 from the date of deactivation.
377377 9 Notwithstanding any other provision of law, when any
378378 10 unpaid taxes become delinquent under this Section through the
379379 11 fault of the mortgage lender, (i) the interest assessed under
380380 12 this Section for delinquent taxes shall be charged against the
381381 13 mortgage lender and not the mortgagor and (ii) the mortgage
382382 14 lender shall pay the taxes, redeem the property and take all
383383 15 necessary steps to remove any liens accruing against the
384384 16 property because of the delinquency. In the event that more
385385 17 than one entity meets the definition of mortgage lender with
386386 18 respect to any mortgage, the interest shall be assessed
387387 19 against the mortgage lender responsible for servicing the
388388 20 mortgage. Unpaid taxes shall be deemed delinquent through the
389389 21 fault of the mortgage lender only if: (a) the mortgage lender
390390 22 has received all payments due the mortgage lender for the
391391 23 property being taxed under the written terms of the mortgage
392392 24 or promissory note secured by the mortgage, (b) the mortgage
393393 25 lender holds funds in escrow to pay the taxes, and (c) the
394394 26 funds are sufficient to pay the taxes after deducting all
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405405 1 amounts reasonably anticipated to become due for all hazard
406406 2 insurance premiums and mortgage insurance premiums and any
407407 3 other assessments to be paid from the escrow under the terms of
408408 4 the mortgage. For purposes of this Section, an amount is
409409 5 reasonably anticipated to become due if it is payable within
410410 6 12 months from the time of determining the sufficiency of
411411 7 funds held in escrow. Unpaid taxes shall not be deemed
412412 8 delinquent through the fault of the mortgage lender if the
413413 9 mortgage lender was directed in writing by the mortgagor not
414414 10 to pay the property taxes, or if the failure to pay the taxes
415415 11 when due resulted from inadequate or inaccurate parcel
416416 12 information provided by the mortgagor, a title or abstract
417417 13 company, or by the agency or unit of government assessing the
418418 14 tax.
419419 15 (Source: P.A. 97-944, eff. 8-10-12; 98-286, eff. 1-1-14.)
420420 16 (35 ILCS 200/21-25)
421421 17 Sec. 21-25. Due dates; accelerated billing in counties of
422422 18 3,000,000 or more. Except as hereinafter provided and as
423423 19 provided in Section 21-40, in counties with 3,000,000 or more
424424 20 inhabitants in which the accelerated method of billing and
425425 21 paying taxes provided for in Section 21-30 is in effect, the
426426 22 estimated first installment of unpaid taxes shall be deemed
427427 23 delinquent and shall bear interest after March 1 at the rate of
428428 24 (i) 1 1/2% per month or portion thereof if the unpaid taxes are
429429 25 for a tax year prior to 2023 or (ii) 0.75% per month or portion
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440440 1 thereof if the unpaid taxes are for tax year 2023 or a
441441 2 subsequent tax year until paid or forfeited. For tax year
442442 3 2010, the estimated first installment of unpaid taxes shall be
443443 4 deemed delinquent and shall bear interest after April 1 at the
444444 5 rate of 1.5% per month or portion thereof until paid or
445445 6 forfeited. For tax year 2022, the estimated first installment
446446 7 of unpaid taxes shall be deemed delinquent and shall bear
447447 8 interest after April 1, 2023 at the rate of 1.5% per month or
448448 9 portion thereof until paid or forfeited. For all tax years,
449449 10 the second installment of unpaid taxes shall be deemed
450450 11 delinquent and shall bear interest after August 1 annually at
451451 12 the same interest rate until paid or forfeited.
452452 13 Notwithstanding any other provision of law, if a taxpayer owes
453453 14 an arrearage of taxes due to an administrative error, and if
454454 15 the county collector sends a separate bill for that arrearage
455455 16 as provided in Section 14-41, then any part of the arrearage of
456456 17 taxes that remains unpaid on the day after the due date
457457 18 specified on that tax bill shall be deemed delinquent and
458458 19 shall bear interest after that date at the rate of (i) 1 1/2%
459459 20 per month or portion thereof if the unpaid taxes are for a tax
460460 21 year prior to 2023 or (ii) 0.75% per month or portion thereof
461461 22 if the unpaid taxes are for tax year 2023 or a subsequent tax
462462 23 year.
463463 24 If the county board elects by ordinance adopted prior to
464464 25 July 1 of a levy year to provide for taxes to be paid in 4
465465 26 installments, each installment for that levy year and each
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476476 1 subsequent year shall be deemed delinquent and shall begin to
477477 2 bear interest 30 days after the date specified by the
478478 3 ordinance for mailing bills, at the rate of 1 1/2% per month or
479479 4 portion thereof, until paid or forfeited. If the unpaid taxes
480480 5 are for a tax year prior to 2023, then interest shall accrue at
481481 6 the rate of 1.5% per month or portion thereof until paid or
482482 7 forfeited. If the unpaid taxes are for tax year 2023 or a
483483 8 subsequent tax year, then interest shall accrue at the rate of
484484 9 0.75% per month or portion thereof until paid or forfeited.
485485 10 Payment received by mail and postmarked on or before the
486486 11 required due date is not delinquent.
487487 12 Taxes levied on homestead property in which a member of
488488 13 the National Guard or reserves of the armed forces of the
489489 14 United States who was called to active duty on or after August
490490 15 1, 1990, and who has an ownership interest, shall not be deemed
491491 16 delinquent and no interest shall accrue or be charged as a
492492 17 penalty on such taxes due and payable in 1991 or 1992 until one
493493 18 year after that member returns to civilian status.
494494 19 If an Illinois resident who is a member of the Illinois
495495 20 National Guard or a reserve component of the armed forces of
496496 21 the United States and who has an ownership interest in
497497 22 property taxed under this Act is called to active duty for
498498 23 deployment outside the continental United States and is on
499499 24 active duty on the due date of any installment of taxes due
500500 25 under this Act, he or she shall not be deemed delinquent in the
501501 26 payment of the installment and no interest shall accrue or be
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512512 1 charged as a penalty on the installment until 180 days after
513513 2 that member returns to civilian status. To be deemed not
514514 3 delinquent in the payment of an installment of taxes and any
515515 4 interest on that installment, the reservist or guardsperson
516516 5 must make a reasonable effort to notify the county clerk and
517517 6 the county collector of his or her activation to active duty
518518 7 and must notify the county clerk and the county collector
519519 8 within 180 days after his or her deactivation and provide
520520 9 verification of the date of his or her deactivation. An
521521 10 installment of property taxes on the property of any reservist
522522 11 or guardsperson who fails to provide timely notice and
523523 12 verification of deactivation to the county clerk is subject to
524524 13 interest and penalties as delinquent taxes under this Code
525525 14 from the date of deactivation.
526526 15 (Source: P.A. 102-1112, eff. 12-21-22.)
527527 16 (35 ILCS 200/21-45)
528528 17 Sec. 21-45. Failure to issue tax bill in prior year. In the
529529 18 event no tax bill was issued as provided in Section 21-30, on
530530 19 any property in any previous year for any reason, one tax bill
531531 20 shall be prepared and mailed by July 1 of the year subsequent
532532 21 to the year in which no tax bill was issued, and taxes on that
533533 22 property for that year only shall bear interest after the
534534 23 first day of August of that year. If the taxes are for a tax
535535 24 year prior to tax year 2023, then interest shall accrue at the
536536 25 rate of 1 1/2% per month or portion thereof until paid or
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547547 1 forfeited. If the taxes are for the 2023 tax year or a
548548 2 subsequent tax year, then interest shall accrue at the rate of
549549 3 0.75% per month or portion thereof until paid or forfeited.
550550 4 (Source: P.A. 87-17; 88-455.)
551551 5 (35 ILCS 200/21-355)
552552 6 Sec. 21-355. Amount of redemption. Any person desiring to
553553 7 redeem shall deposit an amount specified in this Section with
554554 8 the county clerk of the county in which the property is
555555 9 situated, in legal money of the United States, or by cashier's
556556 10 check, certified check, post office money order or money order
557557 11 issued by a financial institution insured by an agency or
558558 12 instrumentality of the United States, payable to the county
559559 13 clerk of the proper county. The deposit shall be deemed timely
560560 14 only if actually received in person at the county clerk's
561561 15 office prior to the close of business as defined in Section
562562 16 3-2007 of the Counties Code on or before the expiration of the
563563 17 period of redemption or by United States mail with a post
564564 18 office cancellation mark dated not less than one day prior to
565565 19 the expiration of the period of redemption. The deposit shall
566566 20 be in an amount equal to the total of the following:
567567 21 (a) the certificate amount, which shall include all
568568 22 tax principal, special assessments, interest and penalties
569569 23 paid by the tax purchaser together with costs and fees of
570570 24 sale and fees paid under Sections 21-295 and 21-315
571571 25 through 21-335, except for the nonrefundable $80 fee paid,
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582582 1 pursuant to Section 21-295, for each item purchased at the
583583 2 tax sale;
584584 3 (b) the accrued penalty, computed through the date of
585585 4 redemption as a percentage of the certificate amount, as
586586 5 follows:
587587 6 (1) if the redemption occurs on or before the
588588 7 expiration of 6 months from the date of sale, the
589589 8 certificate amount times the penalty bid at sale;
590590 9 (2) if the redemption occurs after 6 months from
591591 10 the date of sale, and on or before the expiration of 12
592592 11 months from the date of sale, the certificate amount
593593 12 times 2 times the penalty bid at sale;
594594 13 (3) if the redemption occurs after 12 months from
595595 14 the date of sale and on or before the expiration of 18
596596 15 months from the date of sale, the certificate amount
597597 16 times 3 times the penalty bid at sale;
598598 17 (4) if the redemption occurs after 18 months from
599599 18 the date of sale and on or before the expiration of 24
600600 19 months from the date of sale, the certificate amount
601601 20 times 4 times the penalty bid at sale;
602602 21 (5) if the redemption occurs after 24 months from
603603 22 the date of sale and on or before the expiration of 30
604604 23 months from the date of sale, the certificate amount
605605 24 times 5 times the penalty bid at sale;
606606 25 (6) if the redemption occurs after 30 months from
607607 26 the date of sale and on or before the expiration of 36
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618618 1 months from the date of sale, the certificate amount
619619 2 times 6 times the penalty bid at sale.
620620 3 In the event that the property to be redeemed has
621621 4 been purchased under Section 21-405, the penalty bid
622622 5 shall be 12% per penalty period as set forth in
623623 6 subparagraphs (1) through (6) of this subsection (b).
624624 7 The changes to this subdivision (b)(6) made by this
625625 8 amendatory Act of the 91st General Assembly are not a
626626 9 new enactment, but declaratory of existing law.
627627 10 (c) The total of all taxes, special assessments,
628628 11 accrued interest on those taxes and special assessments
629629 12 and costs charged in connection with the payment of those
630630 13 taxes or special assessments, except for the nonrefundable
631631 14 $80 fee paid, pursuant to Section 21-295, for each item
632632 15 purchased at the tax sale, which have been paid by the tax
633633 16 certificate holder on or after the date those taxes or
634634 17 special assessments became delinquent together with 12%
635635 18 penalty on each amount so paid for each year or portion
636636 19 thereof intervening between the date of that payment and
637637 20 the date of redemption. In counties with less than
638638 21 3,000,000 inhabitants, however, a tax certificate holder
639639 22 may not pay all or part of an installment of a subsequent
640640 23 tax or special assessment for any year, nor shall any
641641 24 tender of such a payment be accepted, until after the
642642 25 second or final installment of the subsequent tax or
643643 26 special assessment has become delinquent or until after
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654654 1 the holder of the certificate of purchase has filed a
655655 2 petition for a tax deed under Section 22.30. The person
656656 3 redeeming shall also pay the amount of interest charged on
657657 4 the subsequent tax or special assessment and paid as a
658658 5 penalty by the tax certificate holder. This amendatory Act
659659 6 of 1995 applies to tax years beginning with the 1995
660660 7 taxes, payable in 1996, and thereafter.
661661 8 (d) For a tax year prior to tax year 2023, any Any
662662 9 amount paid to redeem a forfeiture occurring subsequent to
663663 10 the tax sale together with 12% penalty thereon for each
664664 11 year or portion thereof intervening between the date of
665665 12 the forfeiture redemption and the date of redemption from
666666 13 the sale. For tax year 2023 or any tax year thereafter, any
667667 14 amount paid to redeem a forfeiture occurring subsequent to
668668 15 the tax sale together with 0.75% penalty thereon for each
669669 16 month or portion thereof intervening between the date of
670670 17 the forfeiture redemption and the date of redemption from
671671 18 the sale.
672672 19 (e) Any amount paid by the certificate holder for
673673 20 redemption of a subsequently occurring tax sale.
674674 21 (f) All fees paid to the county clerk under Section
675675 22 22-5.
676676 23 (g) All fees paid to the registrar of titles incident
677677 24 to registering the tax certificate in compliance with the
678678 25 Registered Titles (Torrens) Act.
679679 26 (h) All fees paid to the circuit clerk and the
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690690 1 sheriff, a licensed or registered private detective, or
691691 2 the coroner in connection with the filing of the petition
692692 3 for tax deed and service of notices under Sections 22-15
693693 4 through 22-30 and 22-40 in addition to (1) a fee of $35 if
694694 5 a petition for tax deed has been filed, which fee shall be
695695 6 posted to the tax judgement, sale, redemption, and
696696 7 forfeiture record, to be paid to the purchaser or his or
697697 8 her assignee; (2) a fee of $4 if a notice under Section
698698 9 22-5 has been filed, which fee shall be posted to the tax
699699 10 judgment, sale, redemption, and forfeiture record, to be
700700 11 paid to the purchaser or his or her assignee; (3) all costs
701701 12 paid to record a lis pendens notice in connection with
702702 13 filing a petition under this Code; and (4) if a petition
703703 14 for tax deed has been filed, all fees up to $150 per
704704 15 redemption paid to a registered or licensed title
705705 16 insurance company or title insurance agent for a title
706706 17 search to identify all owners, parties interested, and
707707 18 occupants of the property, to be paid to the purchaser or
708708 19 his or her assignee. The fees in (1) and (2) of this
709709 20 paragraph (h) shall be exempt from the posting
710710 21 requirements of Section 21-360. The costs incurred in
711711 22 causing notices to be served by a licensed or registered
712712 23 private detective under Section 22-15, may not exceed the
713713 24 amount that the sheriff would be authorized by law to
714714 25 charge if those notices had been served by the sheriff.
715715 26 (i) All fees paid for publication of notice of the tax
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726726 1 sale in accordance with Section 22-20.
727727 2 (j) All sums paid to any county, city, village or
728728 3 incorporated town for reimbursement under Section 22-35.
729729 4 (k) All costs and expenses of receivership under
730730 5 Section 21-410, to the extent that these costs and
731731 6 expenses exceed any income from the property in question,
732732 7 if the costs and expenditures have been approved by the
733733 8 court appointing the receiver and a certified copy of the
734734 9 order or approval is filed and posted by the certificate
735735 10 holder with the county clerk. Only actual costs expended
736736 11 may be posted on the tax judgment, sale, redemption and
737737 12 forfeiture record.
738738 13 (Source: P.A. 101-659, eff. 3-23-21.)
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