Illinois 2025-2026 Regular Session

Illinois House Bill HB1746 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1746 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-17235 ILCS 200/15-175 Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the term "maximum income limitation" for the low-income senior citizens assessment freeze homestead exemption means the greater of (i) $80,000 or (ii) $80,000 adjusted by certain increases in the consumer price index-u. Provides that the Department of Revenue shall, not later than January 31 of each calendar year, calculate, publish, and transmit to all county clerks and county treasurers the indexed maximum income limitation number. In provisions concerning the general homestead exemption, provides that, for taxable years 2026 and thereafter, the maximum reduction is $10,000 in all counties. LRB104 03562 HLH 13586 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1746 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-17235 ILCS 200/15-175 35 ILCS 200/15-172 35 ILCS 200/15-175 Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the term "maximum income limitation" for the low-income senior citizens assessment freeze homestead exemption means the greater of (i) $80,000 or (ii) $80,000 adjusted by certain increases in the consumer price index-u. Provides that the Department of Revenue shall, not later than January 31 of each calendar year, calculate, publish, and transmit to all county clerks and county treasurers the indexed maximum income limitation number. In provisions concerning the general homestead exemption, provides that, for taxable years 2026 and thereafter, the maximum reduction is $10,000 in all counties. LRB104 03562 HLH 13586 b LRB104 03562 HLH 13586 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1746 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-17235 ILCS 200/15-175 35 ILCS 200/15-172 35 ILCS 200/15-175
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66 Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the term "maximum income limitation" for the low-income senior citizens assessment freeze homestead exemption means the greater of (i) $80,000 or (ii) $80,000 adjusted by certain increases in the consumer price index-u. Provides that the Department of Revenue shall, not later than January 31 of each calendar year, calculate, publish, and transmit to all county clerks and county treasurers the indexed maximum income limitation number. In provisions concerning the general homestead exemption, provides that, for taxable years 2026 and thereafter, the maximum reduction is $10,000 in all counties.
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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Property Tax Code is amended by changing
1616 5 Sections 15-172 and 15-175 as follows:
1717 6 (35 ILCS 200/15-172)
1818 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
1919 8 Homestead Exemption.
2020 9 (a) This Section may be cited as the Low-Income Senior
2121 10 Citizens Assessment Freeze Homestead Exemption.
2222 11 (b) As used in this Section:
2323 12 "Applicant" means an individual who has filed an
2424 13 application under this Section.
2525 14 "Base amount" means the base year equalized assessed value
2626 15 of the residence plus the first year's equalized assessed
2727 16 value of any added improvements which increased the assessed
2828 17 value of the residence after the base year.
2929 18 "Base year" means the taxable year prior to the taxable
3030 19 year for which the applicant first qualifies and applies for
3131 20 the exemption provided that in the prior taxable year the
3232 21 property was improved with a permanent structure that was
3333 22 occupied as a residence by the applicant who was liable for
3434 23 paying real property taxes on the property and who was either
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1746 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
3939 35 ILCS 200/15-17235 ILCS 200/15-175 35 ILCS 200/15-172 35 ILCS 200/15-175
4040 35 ILCS 200/15-172
4141 35 ILCS 200/15-175
4242 Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the term "maximum income limitation" for the low-income senior citizens assessment freeze homestead exemption means the greater of (i) $80,000 or (ii) $80,000 adjusted by certain increases in the consumer price index-u. Provides that the Department of Revenue shall, not later than January 31 of each calendar year, calculate, publish, and transmit to all county clerks and county treasurers the indexed maximum income limitation number. In provisions concerning the general homestead exemption, provides that, for taxable years 2026 and thereafter, the maximum reduction is $10,000 in all counties.
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7171 1 (i) an owner of record of the property or had legal or
7272 2 equitable interest in the property as evidenced by a written
7373 3 instrument or (ii) had a legal or equitable interest as a
7474 4 lessee in the parcel of property that was single family
7575 5 residence. If in any subsequent taxable year for which the
7676 6 applicant applies and qualifies for the exemption the
7777 7 equalized assessed value of the residence is less than the
7878 8 equalized assessed value in the existing base year (provided
7979 9 that such equalized assessed value is not based on an assessed
8080 10 value that results from a temporary irregularity in the
8181 11 property that reduces the assessed value for one or more
8282 12 taxable years), then that subsequent taxable year shall become
8383 13 the base year until a new base year is established under the
8484 14 terms of this paragraph. For taxable year 1999 only, the Chief
8585 15 County Assessment Officer shall review (i) all taxable years
8686 16 for which the applicant applied and qualified for the
8787 17 exemption and (ii) the existing base year. The assessment
8888 18 officer shall select as the new base year the year with the
8989 19 lowest equalized assessed value. An equalized assessed value
9090 20 that is based on an assessed value that results from a
9191 21 temporary irregularity in the property that reduces the
9292 22 assessed value for one or more taxable years shall not be
9393 23 considered the lowest equalized assessed value. The selected
9494 24 year shall be the base year for taxable year 1999 and
9595 25 thereafter until a new base year is established under the
9696 26 terms of this paragraph.
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107107 1 "Chief County Assessment Officer" means the County
108108 2 Assessor or Supervisor of Assessments of the county in which
109109 3 the property is located.
110110 4 "Consumer price index-u" means the index published by the
111111 5 Bureau of Labor Statistics of the United States Department of
112112 6 Labor that measures the average change in prices of goods and
113113 7 services purchased by all urban consumers, United States city
114114 8 average, all items, 1982-84 = 100.
115115 9 "Equalized assessed value" means the assessed value as
116116 10 equalized by the Illinois Department of Revenue.
117117 11 "Household" means the applicant, the spouse of the
118118 12 applicant, and all persons using the residence of the
119119 13 applicant as their principal place of residence.
120120 14 "Household income" means the combined income of the
121121 15 members of a household for the calendar year preceding the
122122 16 taxable year.
123123 17 "Income" has the same meaning as provided in Section 3.07
124124 18 of the Senior Citizens and Persons with Disabilities Property
125125 19 Tax Relief Act, except that, beginning in assessment year
126126 20 2001, "income" does not include veteran's benefits.
127127 21 "Internal Revenue Code of 1986" means the United States
128128 22 Internal Revenue Code of 1986 or any successor law or laws
129129 23 relating to federal income taxes in effect for the year
130130 24 preceding the taxable year.
131131 25 "Life care facility that qualifies as a cooperative" means
132132 26 a facility as defined in Section 2 of the Life Care Facilities
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143143 1 Act.
144144 2 "Maximum income limitation" means:
145145 3 (1) $35,000 prior to taxable year 1999;
146146 4 (2) $40,000 in taxable years 1999 through 2003;
147147 5 (3) $45,000 in taxable years 2004 through 2005;
148148 6 (4) $50,000 in taxable years 2006 and 2007;
149149 7 (5) $55,000 in taxable years 2008 through 2016;
150150 8 (6) for taxable year 2017, (i) $65,000 for qualified
151151 9 property located in a county with 3,000,000 or more
152152 10 inhabitants and (ii) $55,000 for qualified property
153153 11 located in a county with fewer than 3,000,000 inhabitants;
154154 12 and
155155 13 (7) for taxable years 2018 through 2025 and
156156 14 thereafter, $65,000 for all qualified property; and .
157157 15 (8) for taxable years 2026 and thereafter, the greater
158158 16 of either (i) $80,000 or (ii) $80,000 multiplied by the
159159 17 unadjusted percentage increase (but not less than zero) in
160160 18 the consumer price index-u for the 12 months ending with
161161 19 December preceding each January 1, including all previous
162162 20 adjustments. The Department shall, by January 31, 2026 and
163163 21 by January 31 of each calendar year thereafter, calculate,
164164 22 publish, and transmit to all county clerks and county
165165 23 treasurers the indexed maximum income limitation for the
166166 24 applicable taxable year, as calculated under this
167167 25 paragraph (8).
168168 26 As an alternative income valuation, a homeowner who is
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179179 1 enrolled in any of the following programs may be presumed to
180180 2 have household income that does not exceed the maximum income
181181 3 limitation for that tax year as required by this Section: Aid
182182 4 to the Aged, Blind or Disabled (AABD) Program or the
183183 5 Supplemental Nutrition Assistance Program (SNAP), both of
184184 6 which are administered by the Department of Human Services;
185185 7 the Low Income Home Energy Assistance Program (LIHEAP), which
186186 8 is administered by the Department of Commerce and Economic
187187 9 Opportunity; The Benefit Access program, which is administered
188188 10 by the Department on Aging; and the Senior Citizens Real
189189 11 Estate Tax Deferral Program.
190190 12 A chief county assessment officer may indicate that he or
191191 13 she has verified an applicant's income eligibility for this
192192 14 exemption but may not report which program or programs, if
193193 15 any, enroll the applicant. Release of personal information
194194 16 submitted pursuant to this Section shall be deemed an
195195 17 unwarranted invasion of personal privacy under the Freedom of
196196 18 Information Act.
197197 19 "Residence" means the principal dwelling place and
198198 20 appurtenant structures used for residential purposes in this
199199 21 State occupied on January 1 of the taxable year by a household
200200 22 and so much of the surrounding land, constituting the parcel
201201 23 upon which the dwelling place is situated, as is used for
202202 24 residential purposes. If the Chief County Assessment Officer
203203 25 has established a specific legal description for a portion of
204204 26 property constituting the residence, then that portion of
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215215 1 property shall be deemed the residence for the purposes of
216216 2 this Section.
217217 3 "Taxable year" means the calendar year during which ad
218218 4 valorem property taxes payable in the next succeeding year are
219219 5 levied.
220220 6 (c) Beginning in taxable year 1994, a low-income senior
221221 7 citizens assessment freeze homestead exemption is granted for
222222 8 real property that is improved with a permanent structure that
223223 9 is occupied as a residence by an applicant who (i) is 65 years
224224 10 of age or older during the taxable year, (ii) has a household
225225 11 income that does not exceed the maximum income limitation,
226226 12 (iii) is liable for paying real property taxes on the
227227 13 property, and (iv) is an owner of record of the property or has
228228 14 a legal or equitable interest in the property as evidenced by a
229229 15 written instrument. This homestead exemption shall also apply
230230 16 to a leasehold interest in a parcel of property improved with a
231231 17 permanent structure that is a single family residence that is
232232 18 occupied as a residence by a person who (i) is 65 years of age
233233 19 or older during the taxable year, (ii) has a household income
234234 20 that does not exceed the maximum income limitation, (iii) has
235235 21 a legal or equitable ownership interest in the property as
236236 22 lessee, and (iv) is liable for the payment of real property
237237 23 taxes on that property.
238238 24 In counties of 3,000,000 or more inhabitants, the amount
239239 25 of the exemption for all taxable years is the equalized
240240 26 assessed value of the residence in the taxable year for which
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251251 1 application is made minus the base amount. In all other
252252 2 counties, the amount of the exemption is as follows: (i)
253253 3 through taxable year 2005 and for taxable year 2007 and
254254 4 thereafter, the amount of this exemption shall be the
255255 5 equalized assessed value of the residence in the taxable year
256256 6 for which application is made minus the base amount; and (ii)
257257 7 for taxable year 2006, the amount of the exemption is as
258258 8 follows:
259259 9 (1) For an applicant who has a household income of
260260 10 $45,000 or less, the amount of the exemption is the
261261 11 equalized assessed value of the residence in the taxable
262262 12 year for which application is made minus the base amount.
263263 13 (2) For an applicant who has a household income
264264 14 exceeding $45,000 but not exceeding $46,250, the amount of
265265 15 the exemption is (i) the equalized assessed value of the
266266 16 residence in the taxable year for which application is
267267 17 made minus the base amount (ii) multiplied by 0.8.
268268 18 (3) For an applicant who has a household income
269269 19 exceeding $46,250 but not exceeding $47,500, the amount of
270270 20 the exemption is (i) the equalized assessed value of the
271271 21 residence in the taxable year for which application is
272272 22 made minus the base amount (ii) multiplied by 0.6.
273273 23 (4) For an applicant who has a household income
274274 24 exceeding $47,500 but not exceeding $48,750, the amount of
275275 25 the exemption is (i) the equalized assessed value of the
276276 26 residence in the taxable year for which application is
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287287 1 made minus the base amount (ii) multiplied by 0.4.
288288 2 (5) For an applicant who has a household income
289289 3 exceeding $48,750 but not exceeding $50,000, the amount of
290290 4 the exemption is (i) the equalized assessed value of the
291291 5 residence in the taxable year for which application is
292292 6 made minus the base amount (ii) multiplied by 0.2.
293293 7 When the applicant is a surviving spouse of an applicant
294294 8 for a prior year for the same residence for which an exemption
295295 9 under this Section has been granted, the base year and base
296296 10 amount for that residence are the same as for the applicant for
297297 11 the prior year.
298298 12 Each year at the time the assessment books are certified
299299 13 to the County Clerk, the Board of Review or Board of Appeals
300300 14 shall give to the County Clerk a list of the assessed values of
301301 15 improvements on each parcel qualifying for this exemption that
302302 16 were added after the base year for this parcel and that
303303 17 increased the assessed value of the property.
304304 18 In the case of land improved with an apartment building
305305 19 owned and operated as a cooperative or a building that is a
306306 20 life care facility that qualifies as a cooperative, the
307307 21 maximum reduction from the equalized assessed value of the
308308 22 property is limited to the sum of the reductions calculated
309309 23 for each unit occupied as a residence by a person or persons
310310 24 (i) 65 years of age or older, (ii) with a household income that
311311 25 does not exceed the maximum income limitation, (iii) who is
312312 26 liable, by contract with the owner or owners of record, for
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323323 1 paying real property taxes on the property, and (iv) who is an
324324 2 owner of record of a legal or equitable interest in the
325325 3 cooperative apartment building, other than a leasehold
326326 4 interest. In the instance of a cooperative where a homestead
327327 5 exemption has been granted under this Section, the cooperative
328328 6 association or its management firm shall credit the savings
329329 7 resulting from that exemption only to the apportioned tax
330330 8 liability of the owner who qualified for the exemption. Any
331331 9 person who willfully refuses to credit that savings to an
332332 10 owner who qualifies for the exemption is guilty of a Class B
333333 11 misdemeanor.
334334 12 When a homestead exemption has been granted under this
335335 13 Section and an applicant then becomes a resident of a facility
336336 14 licensed under the Assisted Living and Shared Housing Act, the
337337 15 Nursing Home Care Act, the Specialized Mental Health
338338 16 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
339339 17 the MC/DD Act, the exemption shall be granted in subsequent
340340 18 years so long as the residence (i) continues to be occupied by
341341 19 the qualified applicant's spouse or (ii) if remaining
342342 20 unoccupied, is still owned by the qualified applicant for the
343343 21 homestead exemption.
344344 22 Beginning January 1, 1997, when an individual dies who
345345 23 would have qualified for an exemption under this Section, and
346346 24 the surviving spouse does not independently qualify for this
347347 25 exemption because of age, the exemption under this Section
348348 26 shall be granted to the surviving spouse for the taxable year
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359359 1 preceding and the taxable year of the death, provided that,
360360 2 except for age, the surviving spouse meets all other
361361 3 qualifications for the granting of this exemption for those
362362 4 years.
363363 5 When married persons maintain separate residences, the
364364 6 exemption provided for in this Section may be claimed by only
365365 7 one of such persons and for only one residence.
366366 8 For taxable year 1994 only, in counties having less than
367367 9 3,000,000 inhabitants, to receive the exemption, a person
368368 10 shall submit an application by February 15, 1995 to the Chief
369369 11 County Assessment Officer of the county in which the property
370370 12 is located. In counties having 3,000,000 or more inhabitants,
371371 13 for taxable year 1994 and all subsequent taxable years, to
372372 14 receive the exemption, a person may submit an application to
373373 15 the Chief County Assessment Officer of the county in which the
374374 16 property is located during such period as may be specified by
375375 17 the Chief County Assessment Officer. The Chief County
376376 18 Assessment Officer in counties of 3,000,000 or more
377377 19 inhabitants shall annually give notice of the application
378378 20 period by mail or by publication. In counties having less than
379379 21 3,000,000 inhabitants, beginning with taxable year 1995 and
380380 22 thereafter, to receive the exemption, a person shall submit an
381381 23 application by July 1 of each taxable year to the Chief County
382382 24 Assessment Officer of the county in which the property is
383383 25 located. A county may, by ordinance, establish a date for
384384 26 submission of applications that is different than July 1. The
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395395 1 applicant shall submit with the application an affidavit of
396396 2 the applicant's total household income, age, marital status
397397 3 (and if married the name and address of the applicant's
398398 4 spouse, if known), and principal dwelling place of members of
399399 5 the household on January 1 of the taxable year. The Department
400400 6 shall establish, by rule, a method for verifying the accuracy
401401 7 of affidavits filed by applicants under this Section, and the
402402 8 Chief County Assessment Officer may conduct audits of any
403403 9 taxpayer claiming an exemption under this Section to verify
404404 10 that the taxpayer is eligible to receive the exemption. Each
405405 11 application shall contain or be verified by a written
406406 12 declaration that it is made under the penalties of perjury. A
407407 13 taxpayer's signing a fraudulent application under this Act is
408408 14 perjury, as defined in Section 32-2 of the Criminal Code of
409409 15 2012. The applications shall be clearly marked as applications
410410 16 for the Low-Income Senior Citizens Assessment Freeze Homestead
411411 17 Exemption and must contain a notice that any taxpayer who
412412 18 receives the exemption is subject to an audit by the Chief
413413 19 County Assessment Officer.
414414 20 Notwithstanding any other provision to the contrary, in
415415 21 counties having fewer than 3,000,000 inhabitants, if an
416416 22 applicant fails to file the application required by this
417417 23 Section in a timely manner and this failure to file is due to a
418418 24 mental or physical condition sufficiently severe so as to
419419 25 render the applicant incapable of filing the application in a
420420 26 timely manner, the Chief County Assessment Officer may extend
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431431 1 the filing deadline for a period of 30 days after the applicant
432432 2 regains the capability to file the application, but in no case
433433 3 may the filing deadline be extended beyond 3 months of the
434434 4 original filing deadline. In order to receive the extension
435435 5 provided in this paragraph, the applicant shall provide the
436436 6 Chief County Assessment Officer with a signed statement from
437437 7 the applicant's physician, advanced practice registered nurse,
438438 8 or physician assistant stating the nature and extent of the
439439 9 condition, that, in the physician's, advanced practice
440440 10 registered nurse's, or physician assistant's opinion, the
441441 11 condition was so severe that it rendered the applicant
442442 12 incapable of filing the application in a timely manner, and
443443 13 the date on which the applicant regained the capability to
444444 14 file the application.
445445 15 Beginning January 1, 1998, notwithstanding any other
446446 16 provision to the contrary, in counties having fewer than
447447 17 3,000,000 inhabitants, if an applicant fails to file the
448448 18 application required by this Section in a timely manner and
449449 19 this failure to file is due to a mental or physical condition
450450 20 sufficiently severe so as to render the applicant incapable of
451451 21 filing the application in a timely manner, the Chief County
452452 22 Assessment Officer may extend the filing deadline for a period
453453 23 of 3 months. In order to receive the extension provided in this
454454 24 paragraph, the applicant shall provide the Chief County
455455 25 Assessment Officer with a signed statement from the
456456 26 applicant's physician, advanced practice registered nurse, or
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467467 1 physician assistant stating the nature and extent of the
468468 2 condition, and that, in the physician's, advanced practice
469469 3 registered nurse's, or physician assistant's opinion, the
470470 4 condition was so severe that it rendered the applicant
471471 5 incapable of filing the application in a timely manner.
472472 6 In counties having less than 3,000,000 inhabitants, if an
473473 7 applicant was denied an exemption in taxable year 1994 and the
474474 8 denial occurred due to an error on the part of an assessment
475475 9 official, or his or her agent or employee, then beginning in
476476 10 taxable year 1997 the applicant's base year, for purposes of
477477 11 determining the amount of the exemption, shall be 1993 rather
478478 12 than 1994. In addition, in taxable year 1997, the applicant's
479479 13 exemption shall also include an amount equal to (i) the amount
480480 14 of any exemption denied to the applicant in taxable year 1995
481481 15 as a result of using 1994, rather than 1993, as the base year,
482482 16 (ii) the amount of any exemption denied to the applicant in
483483 17 taxable year 1996 as a result of using 1994, rather than 1993,
484484 18 as the base year, and (iii) the amount of the exemption
485485 19 erroneously denied for taxable year 1994.
486486 20 For purposes of this Section, a person who will be 65 years
487487 21 of age during the current taxable year shall be eligible to
488488 22 apply for the homestead exemption during that taxable year.
489489 23 Application shall be made during the application period in
490490 24 effect for the county of his or her residence.
491491 25 The Chief County Assessment Officer may determine the
492492 26 eligibility of a life care facility that qualifies as a
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503503 1 cooperative to receive the benefits provided by this Section
504504 2 by use of an affidavit, application, visual inspection,
505505 3 questionnaire, or other reasonable method in order to insure
506506 4 that the tax savings resulting from the exemption are credited
507507 5 by the management firm to the apportioned tax liability of
508508 6 each qualifying resident. The Chief County Assessment Officer
509509 7 may request reasonable proof that the management firm has so
510510 8 credited that exemption.
511511 9 Except as provided in this Section, all information
512512 10 received by the chief county assessment officer or the
513513 11 Department from applications filed under this Section, or from
514514 12 any investigation conducted under the provisions of this
515515 13 Section, shall be confidential, except for official purposes
516516 14 or pursuant to official procedures for collection of any State
517517 15 or local tax or enforcement of any civil or criminal penalty or
518518 16 sanction imposed by this Act or by any statute or ordinance
519519 17 imposing a State or local tax. Any person who divulges any such
520520 18 information in any manner, except in accordance with a proper
521521 19 judicial order, is guilty of a Class A misdemeanor.
522522 20 Nothing contained in this Section shall prevent the
523523 21 Director or chief county assessment officer from publishing or
524524 22 making available reasonable statistics concerning the
525525 23 operation of the exemption contained in this Section in which
526526 24 the contents of claims are grouped into aggregates in such a
527527 25 way that information contained in any individual claim shall
528528 26 not be disclosed.
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539539 1 Notwithstanding any other provision of law, for taxable
540540 2 year 2017 and thereafter, in counties of 3,000,000 or more
541541 3 inhabitants, the amount of the exemption shall be the greater
542542 4 of (i) the amount of the exemption otherwise calculated under
543543 5 this Section or (ii) $2,000.
544544 6 (c-5) Notwithstanding any other provision of law, each
545545 7 chief county assessment officer may approve this exemption for
546546 8 the 2020 taxable year, without application, for any property
547547 9 that was approved for this exemption for the 2019 taxable
548548 10 year, provided that:
549549 11 (1) the county board has declared a local disaster as
550550 12 provided in the Illinois Emergency Management Agency Act
551551 13 related to the COVID-19 public health emergency;
552552 14 (2) the owner of record of the property as of January
553553 15 1, 2020 is the same as the owner of record of the property
554554 16 as of January 1, 2019;
555555 17 (3) the exemption for the 2019 taxable year has not
556556 18 been determined to be an erroneous exemption as defined by
557557 19 this Code; and
558558 20 (4) the applicant for the 2019 taxable year has not
559559 21 asked for the exemption to be removed for the 2019 or 2020
560560 22 taxable years.
561561 23 Nothing in this subsection shall preclude or impair the
562562 24 authority of a chief county assessment officer to conduct
563563 25 audits of any taxpayer claiming an exemption under this
564564 26 Section to verify that the taxpayer is eligible to receive the
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575575 1 exemption as provided elsewhere in this Section.
576576 2 (c-10) Notwithstanding any other provision of law, each
577577 3 chief county assessment officer may approve this exemption for
578578 4 the 2021 taxable year, without application, for any property
579579 5 that was approved for this exemption for the 2020 taxable
580580 6 year, if:
581581 7 (1) the county board has declared a local disaster as
582582 8 provided in the Illinois Emergency Management Agency Act
583583 9 related to the COVID-19 public health emergency;
584584 10 (2) the owner of record of the property as of January
585585 11 1, 2021 is the same as the owner of record of the property
586586 12 as of January 1, 2020;
587587 13 (3) the exemption for the 2020 taxable year has not
588588 14 been determined to be an erroneous exemption as defined by
589589 15 this Code; and
590590 16 (4) the taxpayer for the 2020 taxable year has not
591591 17 asked for the exemption to be removed for the 2020 or 2021
592592 18 taxable years.
593593 19 Nothing in this subsection shall preclude or impair the
594594 20 authority of a chief county assessment officer to conduct
595595 21 audits of any taxpayer claiming an exemption under this
596596 22 Section to verify that the taxpayer is eligible to receive the
597597 23 exemption as provided elsewhere in this Section.
598598 24 (d) Each Chief County Assessment Officer shall annually
599599 25 publish a notice of availability of the exemption provided
600600 26 under this Section. The notice shall be published at least 60
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611611 1 days but no more than 75 days prior to the date on which the
612612 2 application must be submitted to the Chief County Assessment
613613 3 Officer of the county in which the property is located. The
614614 4 notice shall appear in a newspaper of general circulation in
615615 5 the county.
616616 6 Notwithstanding Sections 6 and 8 of the State Mandates
617617 7 Act, no reimbursement by the State is required for the
618618 8 implementation of any mandate created by this Section.
619619 9 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
620620 10 102-895, eff. 5-23-22.)
621621 11 (35 ILCS 200/15-175)
622622 12 Sec. 15-175. General homestead exemption.
623623 13 (a) Except as provided in Sections 15-176 and 15-177,
624624 14 homestead property is entitled to an annual homestead
625625 15 exemption limited, except as described here with relation to
626626 16 cooperatives or life care facilities, to a reduction in the
627627 17 equalized assessed value of homestead property equal to the
628628 18 increase in equalized assessed value for the current
629629 19 assessment year above the equalized assessed value of the
630630 20 property for 1977, up to the maximum reduction set forth
631631 21 below. If however, the 1977 equalized assessed value upon
632632 22 which taxes were paid is subsequently determined by local
633633 23 assessing officials, the Property Tax Appeal Board, or a court
634634 24 to have been excessive, the equalized assessed value which
635635 25 should have been placed on the property for 1977 shall be used
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646646 1 to determine the amount of the exemption.
647647 2 (b) Except as provided in Section 15-176, the maximum
648648 3 reduction before taxable year 2004 shall be $4,500 in counties
649649 4 with 3,000,000 or more inhabitants and $3,500 in all other
650650 5 counties. Except as provided in Sections 15-176 and 15-177,
651651 6 for taxable years 2004 through 2007, the maximum reduction
652652 7 shall be $5,000, for taxable year 2008, the maximum reduction
653653 8 is $5,500, and, for taxable years 2009 through 2011, the
654654 9 maximum reduction is $6,000 in all counties. For taxable years
655655 10 2012 through 2016, the maximum reduction is $7,000 in counties
656656 11 with 3,000,000 or more inhabitants and $6,000 in all other
657657 12 counties. For taxable years 2017 through 2022, the maximum
658658 13 reduction is $10,000 in counties with 3,000,000 or more
659659 14 inhabitants and $6,000 in all other counties. For taxable year
660660 15 years 2023 and thereafter, the maximum reduction is $10,000 in
661661 16 counties with 3,000,000 or more inhabitants, $8,000 in
662662 17 counties that are contiguous to a county of 3,000,000 or more
663663 18 inhabitants, and $6,000 in all other counties. For taxable
664664 19 years 2026 and thereafter, the maximum reduction is $10,000 in
665665 20 all counties. If a county has elected to subject itself to the
666666 21 provisions of Section 15-176 as provided in subsection (k) of
667667 22 that Section, then, for the first taxable year only after the
668668 23 provisions of Section 15-176 no longer apply, for owners who,
669669 24 for the taxable year, have not been granted a senior citizens
670670 25 assessment freeze homestead exemption under Section 15-172 or
671671 26 a long-time occupant homestead exemption under Section 15-177,
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682682 1 there shall be an additional exemption of $5,000 for owners
683683 2 with a household income of $30,000 or less.
684684 3 (c) In counties with fewer than 3,000,000 inhabitants, if,
685685 4 based on the most recent assessment, the equalized assessed
686686 5 value of the homestead property for the current assessment
687687 6 year is greater than the equalized assessed value of the
688688 7 property for 1977, the owner of the property shall
689689 8 automatically receive the exemption granted under this Section
690690 9 in an amount equal to the increase over the 1977 assessment up
691691 10 to the maximum reduction set forth in this Section.
692692 11 (d) If in any assessment year beginning with the 2000
693693 12 assessment year, homestead property has a pro-rata valuation
694694 13 under Section 9-180 resulting in an increase in the assessed
695695 14 valuation, a reduction in equalized assessed valuation equal
696696 15 to the increase in equalized assessed value of the property
697697 16 for the year of the pro-rata valuation above the equalized
698698 17 assessed value of the property for 1977 shall be applied to the
699699 18 property on a proportionate basis for the period the property
700700 19 qualified as homestead property during the assessment year.
701701 20 The maximum proportionate homestead exemption shall not exceed
702702 21 the maximum homestead exemption allowed in the county under
703703 22 this Section divided by 365 and multiplied by the number of
704704 23 days the property qualified as homestead property.
705705 24 (d-1) In counties with 3,000,000 or more inhabitants,
706706 25 where the chief county assessment officer provides a notice of
707707 26 discovery, if a property is not occupied by its owner as a
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718718 1 principal residence as of January 1 of the current tax year,
719719 2 then the property owner shall notify the chief county
720720 3 assessment officer of that fact on a form prescribed by the
721721 4 chief county assessment officer. That notice must be received
722722 5 by the chief county assessment officer on or before March 1 of
723723 6 the collection year. If mailed, the form shall be sent by
724724 7 certified mail, return receipt requested. If the form is
725725 8 provided in person, the chief county assessment officer shall
726726 9 provide a date stamped copy of the notice. Failure to provide
727727 10 timely notice pursuant to this subsection (d-1) shall result
728728 11 in the exemption being treated as an erroneous exemption. Upon
729729 12 timely receipt of the notice for the current tax year, no
730730 13 exemption shall be applied to the property for the current tax
731731 14 year. If the exemption is not removed upon timely receipt of
732732 15 the notice by the chief assessment officer, then the error is
733733 16 considered granted as a result of a clerical error or omission
734734 17 on the part of the chief county assessment officer as
735735 18 described in subsection (h) of Section 9-275, and the property
736736 19 owner shall not be liable for the payment of interest and
737737 20 penalties due to the erroneous exemption for the current tax
738738 21 year for which the notice was filed after the date that notice
739739 22 was timely received pursuant to this subsection. Notice
740740 23 provided under this subsection shall not constitute a defense
741741 24 or amnesty for prior year erroneous exemptions.
742742 25 For the purposes of this subsection (d-1):
743743 26 "Collection year" means the year in which the first and
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754754 1 second installment of the current tax year is billed.
755755 2 "Current tax year" means the year prior to the collection
756756 3 year.
757757 4 (e) The chief county assessment officer may, when
758758 5 considering whether to grant a leasehold exemption under this
759759 6 Section, require the following conditions to be met:
760760 7 (1) that a notarized application for the exemption,
761761 8 signed by both the owner and the lessee of the property,
762762 9 must be submitted each year during the application period
763763 10 in effect for the county in which the property is located;
764764 11 (2) that a copy of the lease must be filed with the
765765 12 chief county assessment officer by the owner of the
766766 13 property at the time the notarized application is
767767 14 submitted;
768768 15 (3) that the lease must expressly state that the
769769 16 lessee is liable for the payment of property taxes; and
770770 17 (4) that the lease must include the following language
771771 18 in substantially the following form:
772772 19 "Lessee shall be liable for the payment of real
773773 20 estate taxes with respect to the residence in
774774 21 accordance with the terms and conditions of Section
775775 22 15-175 of the Property Tax Code (35 ILCS 200/15-175).
776776 23 The permanent real estate index number for the
777777 24 premises is (insert number), and, according to the
778778 25 most recent property tax bill, the current amount of
779779 26 real estate taxes associated with the premises is
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790790 1 (insert amount) per year. The parties agree that the
791791 2 monthly rent set forth above shall be increased or
792792 3 decreased pro rata (effective January 1 of each
793793 4 calendar year) to reflect any increase or decrease in
794794 5 real estate taxes. Lessee shall be deemed to be
795795 6 satisfying Lessee's liability for the above mentioned
796796 7 real estate taxes with the monthly rent payments as
797797 8 set forth above (or increased or decreased as set
798798 9 forth herein).".
799799 10 In addition, if there is a change in lessee, or if the
800800 11 lessee vacates the property, then the chief county assessment
801801 12 officer may require the owner of the property to notify the
802802 13 chief county assessment officer of that change.
803803 14 This subsection (e) does not apply to leasehold interests
804804 15 in property owned by a municipality.
805805 16 (f) "Homestead property" under this Section includes
806806 17 residential property that is occupied by its owner or owners
807807 18 as his or their principal dwelling place, or that is a
808808 19 leasehold interest on which a single family residence is
809809 20 situated, which is occupied as a residence by a person who has
810810 21 an ownership interest therein, legal or equitable or as a
811811 22 lessee, and on which the person is liable for the payment of
812812 23 property taxes. For land improved with an apartment building
813813 24 owned and operated as a cooperative, the maximum reduction
814814 25 from the equalized assessed value shall be limited to the
815815 26 increase in the value above the equalized assessed value of
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826826 1 the property for 1977, up to the maximum reduction set forth
827827 2 above, multiplied by the number of apartments or units
828828 3 occupied by a person or persons who is liable, by contract with
829829 4 the owner or owners of record, for paying property taxes on the
830830 5 property and is an owner of record of a legal or equitable
831831 6 interest in the cooperative apartment building, other than a
832832 7 leasehold interest. For land improved with a life care
833833 8 facility, the maximum reduction from the value of the
834834 9 property, as equalized by the Department, shall be multiplied
835835 10 by the number of apartments or units occupied by a person or
836836 11 persons, irrespective of any legal, equitable, or leasehold
837837 12 interest in the facility, who are liable, under a life care
838838 13 contract with the owner or owners of record of the facility,
839839 14 for paying property taxes on the property. For purposes of
840840 15 this Section, the term "life care facility" has the meaning
841841 16 stated in Section 15-170.
842842 17 "Household", as used in this Section, means the owner, the
843843 18 spouse of the owner, and all persons using the residence of the
844844 19 owner as their principal place of residence.
845845 20 "Household income", as used in this Section, means the
846846 21 combined income of the members of a household for the calendar
847847 22 year preceding the taxable year.
848848 23 "Income", as used in this Section, has the same meaning as
849849 24 provided in Section 3.07 of the Senior Citizens and Persons
850850 25 with Disabilities Property Tax Relief Act, except that
851851 26 "income" does not include veteran's benefits.
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862862 1 (g) In a cooperative or life care facility where a
863863 2 homestead exemption has been granted, the cooperative
864864 3 association or the management of the cooperative or life care
865865 4 facility shall credit the savings resulting from that
866866 5 exemption only to the apportioned tax liability of the owner
867867 6 or resident who qualified for the exemption. Any person who
868868 7 willfully refuses to so credit the savings shall be guilty of a
869869 8 Class B misdemeanor.
870870 9 (h) Where married persons maintain and reside in separate
871871 10 residences qualifying as homestead property, each residence
872872 11 shall receive 50% of the total reduction in equalized assessed
873873 12 valuation provided by this Section.
874874 13 (i) In all counties, the assessor or chief county
875875 14 assessment officer may determine the eligibility of
876876 15 residential property to receive the homestead exemption and
877877 16 the amount of the exemption by application, visual inspection,
878878 17 questionnaire or other reasonable methods. The determination
879879 18 shall be made in accordance with guidelines established by the
880880 19 Department, provided that the taxpayer applying for an
881881 20 additional general exemption under this Section shall submit
882882 21 to the chief county assessment officer an application with an
883883 22 affidavit of the applicant's total household income, age,
884884 23 marital status (and, if married, the name and address of the
885885 24 applicant's spouse, if known), and principal dwelling place of
886886 25 members of the household on January 1 of the taxable year. The
887887 26 Department shall issue guidelines establishing a method for
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898898 1 verifying the accuracy of the affidavits filed by applicants
899899 2 under this paragraph. The applications shall be clearly marked
900900 3 as applications for the Additional General Homestead
901901 4 Exemption.
902902 5 (i-5) This subsection (i-5) applies to counties with
903903 6 3,000,000 or more inhabitants. In the event of a sale of
904904 7 homestead property, the homestead exemption shall remain in
905905 8 effect for the remainder of the assessment year of the sale.
906906 9 Upon receipt of a transfer declaration transmitted by the
907907 10 recorder pursuant to Section 31-30 of the Real Estate Transfer
908908 11 Tax Law for property receiving an exemption under this
909909 12 Section, the assessor shall mail a notice and forms to the new
910910 13 owner of the property providing information pertaining to the
911911 14 rules and applicable filing periods for applying or reapplying
912912 15 for homestead exemptions under this Code for which the
913913 16 property may be eligible. If the new owner fails to apply or
914914 17 reapply for a homestead exemption during the applicable filing
915915 18 period or the property no longer qualifies for an existing
916916 19 homestead exemption, the assessor shall cancel such exemption
917917 20 for any ensuing assessment year.
918918 21 (j) In counties with fewer than 3,000,000 inhabitants, in
919919 22 the event of a sale of homestead property the homestead
920920 23 exemption shall remain in effect for the remainder of the
921921 24 assessment year of the sale. The assessor or chief county
922922 25 assessment officer may require the new owner of the property
923923 26 to apply for the homestead exemption for the following
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