Illinois 2025-2026 Regular Session

Illinois House Bill HB1827 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1827 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately. LRB104 03520 HLH 13543 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1827 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-281 new Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately. LRB104 03520 HLH 13543 b LRB104 03520 HLH 13543 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1827 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-281 new
44 35 ILCS 200/Art. 9 Div. 6 heading new
55 35 ILCS 200/9-280 new
66 35 ILCS 200/9-281 new
77 Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately.
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1313 1 AN ACT concerning revenue.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Property Tax Code is amended by adding
1717 5 Division 6 to Article 9 as follows:
1818 6 (35 ILCS 200/Art. 9 Div. 6 heading new)
1919 7 Division 6. Income-Producing Property
2020 8 (35 ILCS 200/9-280 new)
2121 9 Sec. 9-280. Definitions. As used in this Division 6:
2222 10 "Expenses" means expenditures necessitated by the
2323 11 operation of the real property itself that reduce the income
2424 12 to the property owner or lessee. "Expenses" includes
2525 13 management fees, reserves for replacement, maintenance,
2626 14 property taxes, and insurance. "Expenses" does not include
2727 15 debt service, reserves for building additions, or income tax.
2828 16 "Income" means real property revenue that is directed to
2929 17 or received by the property owner in the form of rent from
3030 18 unrelated persons or entities and ancillary revenue to the
3131 19 owner from unrelated persons or entities that is generated
3232 20 exclusively from the operation of the real property itself,
3333 21 such as revenue from parking or other amenities provided to or
3434 22 for the benefit of the property's tenants. "Income" does not
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1827 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
3939 35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-281 new
4040 35 ILCS 200/Art. 9 Div. 6 heading new
4141 35 ILCS 200/9-280 new
4242 35 ILCS 200/9-281 new
4343 Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately.
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5353 35 ILCS 200/9-280 new
5454 35 ILCS 200/9-281 new
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7373 1 include revenue generated from personal property, including
7474 2 but not limited to, revenue from a business enterprise that is
7575 3 operated on the real property or improvements made to the
7676 4 property by a tenant.
7777 5 "Income and expense data" means data that identifies
7878 6 income and expenses as defined in this Section. Income and
7979 7 expense data may be found in annual reports, income and
8080 8 expense statements, and Internal Revenue Service Schedule E or
8181 9 Schedule 8825 tax forms for income-producing property for the
8282 10 immediately preceding year. "Income and expense data" also
8383 11 includes data from rent rolls for the current and immediately
8484 12 preceding year. Income and expense data may be based on a
8585 13 calendar or fiscal year.
8686 14 "Income-producing property" means property that is not
8787 15 owner-occupied, as defined in this Section, and is owned for
8888 16 the purpose of generating income from the property itself,
8989 17 whether or not such property actually generates income in a
9090 18 particular year. "Income-producing property" does not include:
9191 19 (1) property with a market value of $500,000 or less
9292 20 in the most recent assessment year for which an assessment
9393 21 is certified exclusive of any adjustments to assessed
9494 22 value by a board of review, the Property Tax Appeal Board,
9595 23 or the circuit court;
9696 24 (2) residential property containing 6 or fewer
9797 25 dwelling units;
9898 26 (3) property assessed under Article 10 of this Code
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109109 1 and stadiums that are not qualified property under Section
110110 2 10-215 that have a seating capacity of 20,000 or more and
111111 3 host major professional sporting events;
112112 4 (4) property that is assessed by the Department under
113113 5 Article 11 of this Code;
114114 6 (5) property that is owned or leased by a hospital
115115 7 licensed under the Hospital Licensing Act or operated
116116 8 under the University of Illinois Hospital Act, including
117117 9 any hospital affiliate that directly or indirectly
118118 10 controls, is controlled by, or is under common control
119119 11 with a hospital; or
120120 12 (6) property that is owned or leased by a facility
121121 13 licensed under the Nursing Home Care Act that is an
122122 14 intermediate or skilled facility.
123123 15 "Net rentable area" means the square footage of an
124124 16 improvement that may be leased or rented to tenants and
125125 17 excludes common areas, such as elevators, stairways, and
126126 18 atriums.
127127 19 "Owner-occupied" means real property that is used or
128128 20 occupied exclusively by a record owner or related entity or
129129 21 real property where 80% or more of the net rentable area of the
130130 22 property is occupied or held for future use by the record owner
131131 23 of the property or a related person or entity as described in
132132 24 subsection (b) of Section 267 of the Internal Revenue Code. If
133133 25 more than 20% of the net rentable area of a property is subject
134134 26 to an existing lease or is subject to short term rental of the
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145145 1 property by an unrelated entity, the property is not
146146 2 considered owner-occupied for purposes of this Division.
147147 3 "Property" has the meaning set forth in Section 1-130 of
148148 4 this Code and includes contiguous parcels or property index
149149 5 numbers that comprise one functional property location.
150150 6 "Taxpayer" means the record owner of income-producing
151151 7 property. The owner or lessee, whoever is contractually
152152 8 obligated to pay property taxes directly to the county
153153 9 treasurer, shall be required under this Article to submit
154154 10 income and expense data that is within its possession and
155155 11 control to the chief county assessment officer for the
156156 12 relevant portion of the property over which it exercises
157157 13 control.
158158 14
159159 15 (35 ILCS 200/9-281 new)
160160 16 Sec. 9-281. Income-producing properties.
161161 17 (a) In counties with 3,000,000 or more inhabitants,
162162 18 taxpayers or lessees who are contractually obligated to pay
163163 19 property taxes of income-producing property shall submit
164164 20 income and expense data annually to the chief county
165165 21 assessment officer on or before July 1 of each year, except as
166166 22 otherwise provided in this Division. In the first year
167167 23 following the effective date of this amendatory Act of the
168168 24 104th General Assembly, income and expense data shall be
169169 25 submitted by September 1. If a taxpayer or party who is
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180180 1 contractually obligated to pay property taxes is required to
181181 2 submit income and expense data under this Article in
182182 3 accordance with Section 9-280, the chief county assessment
183183 4 officer shall notify, by certified mail, the record owner of
184184 5 income-producing property at least 60 days prior to the date
185185 6 for submission of the obligation to submit income and expense
186186 7 data. Notice shall include the deadline for submission. If an
187187 8 owner of record claims that another party is obligated to pay
188188 9 property taxes directly to the county treasurer for all or a
189189 10 portion of the property, then the owner shall send to the
190190 11 obligated party a copy of the notice received from the chief
191191 12 county assessment officer of the obligation to submit income
192192 13 and expense data. The taxpayer or obligated party shall submit
193193 14 income and expense data to the chief county assessment officer
194194 15 in accordance with this Section for the relevant portion of
195195 16 the property for which the taxpayer or obligated party is
196196 17 required to pay the property taxes and exercises control over
197197 18 such property, identified by parcel and area.
198198 19 The chief county assessment officer may extend the time
199199 20 within which taxpayers are required to submit income and
200200 21 expense data under this Section.
201201 22 If the taxpayer's books and records reflecting the
202202 23 operation of the property are maintained on a calendar year
203203 24 basis, the statement of income and expense data shall be for
204204 25 the last full calendar year preceding the date that the
205205 26 statement is submitted. If the taxpayer's books and records
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216216 1 reflecting the operation of the property are maintained on a
217217 2 fiscal year basis for federal income tax purposes, the
218218 3 statement of income and expense data shall be the last full
219219 4 fiscal year preceding the date when the statement is
220220 5 submitted.
221221 6 The taxpayer or obligated party shall certify under oath
222222 7 in a signed attestation that the statements set forth in
223223 8 income and expense data submitted under this Article are true,
224224 9 accurate, and complete to the best of his or her knowledge
225225 10 except as to matters stated to be upon information and belief
226226 11 and, as to such matters, the taxpayer or obligated party shall
227227 12 certify that he or she believes the same to be true, accurate,
228228 13 and complete.
229229 14 (b) In counties of fewer than 3,000,000 inhabitants, the
230230 15 county board may provide by ordinance or resolution that
231231 16 taxpayers of income-producing property shall submit income and
232232 17 expense data annually to the chief county assessment officer
233233 18 on or before March 31 of each year. If a taxpayer or party who
234234 19 is contractually obligated to pay taxes is required to submit
235235 20 income and expense data under this Article, the chief county
236236 21 assessment officer shall notify the taxpayer of that fact by
237237 22 certified mail within 60 days of the due date for income and
238238 23 expense data. Notice shall include the deadline for such
239239 24 submission. If an owner of record claims that another party is
240240 25 obligated to pay property taxes directly to the county
241241 26 treasurer, then the owner shall send to the obligated party a
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252252 1 copy of any notice received from the chief county assessment
253253 2 officer of the obligation to submit income and expense data.
254254 3 The taxpayer or obligated party shall submit income and
255255 4 expense data to the chief county assessment officer in
256256 5 accordance with this Division for the relevant portion of the
257257 6 property for which the taxpayer or obligated party is required
258258 7 to pay the property taxes and exercises control over such
259259 8 property, identified by parcel and area.
260260 9 The chief county assessment officer may extend the time
261261 10 within which taxpayers are required to submit income and
262262 11 expense data under this Section.
263263 12 If the taxpayer's books and records reflecting the
264264 13 operation of the property are maintained on a calendar year
265265 14 basis, the statement of income and expense data shall be for
266266 15 the last full calendar year preceding the date that the
267267 16 statement is submitted. If the taxpayer's books and records
268268 17 reflecting the operation of the property are maintained on a
269269 18 fiscal year basis for federal income tax purposes, the
270270 19 statement of income and expense data shall be the last full
271271 20 fiscal year preceding the date when the statement is
272272 21 submitted.
273273 22 The taxpayer or obligated party shall certify under oath
274274 23 in a signed attestation that the statements set forth in
275275 24 income and expense data submitted under this Article are true,
276276 25 accurate, and complete, to the best of his or her knowledge
277277 26 except as to matters stated to be upon information and belief
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288288 1 and, as to such matters, the taxpayer or obligated party shall
289289 2 certify that he or she believes the same to be true, accurate,
290290 3 and complete.
291291 4 Subsections (c) through (i) of this Section shall also
292292 5 apply in counties that have adopted by ordinance or resolution
293293 6 the requirements of this Section.
294294 7 (c) The chief county assessment officer of a county that
295295 8 is subject to this Section shall establish rules that specify
296296 9 the manner of submission of income and expense data and
297297 10 provide for the administration of the provisions of this
298298 11 Section in the county. Income and expense data shall be
299299 12 submitted in electronic form unless waived by the chief county
300300 13 assessment officer.
301301 14 The chief county assessment officer shall maintain a copy
302302 15 of its rules for public review and shall place a copy of those
303303 16 rules and any amended rules on his or her website.
304304 17 (d) If a taxpayer or obligated party fails to submit
305305 18 income and expense data as required under this Section or as
306306 19 required after the adoption of a county board ordinance or
307307 20 resolution under this Section, within the time prescribed, or
308308 21 within an extended period as permitted by the chief county
309309 22 assessment officer, the assessor shall send notice by
310310 23 certified mail to such taxpayer of the failure to comply. If
311311 24 the taxpayer or obligated party fails to submit the required
312312 25 data within 60 days after such notice is sent, fails to provide
313313 26 documentation of another taxpayer's obligation to submit
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324324 1 income and expense data, or fails to adequately explain why no
325325 2 submission is required, the taxpayer or obligated party shall
326326 3 pay a penalty to the chief county assessment officer of 0.025%
327327 4 of the prior year's market value as indicated by the most
328328 5 recent certified assessed value for the property at issue, but
329329 6 in no case shall the taxpayer or obligated party be required to
330330 7 pay more than its proportional share of a maximum penalty of
331331 8 $10,000 per property. A taxpayer or obligated party who fails
332332 9 to submit income and expense data in accordance with this
333333 10 provision shall only be required to pay a penalty on the
334334 11 portion of the property's value for which the taxpayer or
335335 12 obligated party is required to pay taxes.
336336 13 A taxpayer or obligated party may contest the penalty and
337337 14 requirement to report income and expense data in a particular
338338 15 year and submit evidence to the chief county assessment
339339 16 officer in support of a contention that the taxpayer or
340340 17 obligated party was not required to submit income and expense
341341 18 data, that another party was required to submit income and
342342 19 expense data for such property, or that the submission of
343343 20 income and expense data complies with this requirement based
344344 21 on available documentation. The chief county assessment
345345 22 officer shall review the taxpayer or obligated party's
346346 23 submission and other submissions for the property for the tax
347347 24 year at issue, and determine whether the taxpayer or obligated
348348 25 party provided sufficient evidence that he or she was not
349349 26 required to report income and expense data or that the
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360360 1 submission complies based on available documentation.
361361 2 If a taxpayer or obligated party is dissatisfied with a
362362 3 decision of the chief county assessment officer of the
363363 4 requirement to submit income and expense data, the taxpayer or
364364 5 obligated party may request review of that decision. Upon such
365365 6 request, at least 30 days' notice shall be provided to the
366366 7 taxpayer or obligated party of a hearing to be conducted by a
367367 8 hearing officer designated by the chief county assessment
368368 9 officer. If dissatisfied with a hearing officer's decision,
369369 10 the taxpayer or obligated party may appeal such decision to
370370 11 the circuit court of the county where the property is located
371371 12 as a final administrative decision under the Administrative
372372 13 Review Law. If a party is unsuccessful at the hearing, the
373373 14 penalty imposed under this Section shall bear interest at
374374 15 0.05% per month thereafter, beginning 21 days after the date
375375 16 of decision, or 21 days after the date of the issuance of a
376376 17 final decision on administrative review.
377377 18 The State's Attorney of the county in which the property
378378 19 is located shall have power to act on behalf of the People and
379379 20 the chief county assessment officer to enforce the provisions
380380 21 of this Section, including the power to compel by subpoena the
381381 22 production of taxpayer income and expense data that is
382382 23 required to be produced under this Section.
383383 24 The chief county assessment officer may audit the income
384384 25 and expense data submitted by taxpayers to verify its accuracy
385385 26 by requesting documentation in support of submissions.
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396396 1 (e) Penalty and interest collected by the chief county
397397 2 assessment officer under this Section for a taxpayer's or
398398 3 obligated party's failure to timely submit income and expense
399399 4 data shall be collected in the same manner as other fees
400400 5 collected by the chief county assessment officer. Such revenue
401401 6 shall be deposited with the county treasurer in the county
402402 7 general fund of the county in which the property is located,
403403 8 with 75% of the revenue to be used for the benefit of the
404404 9 office of the chief county assessment officer and 25% to be
405405 10 used for the benefit of the county.
406406 11 (f) Any personal data such as federal identification or
407407 12 social security numbers and income tax forms or data that are
408408 13 included in income and expense data produced under this
409409 14 Section shall be deemed private information and exempt from
410410 15 disclosure under the Freedom of Information Act. Income and
411411 16 expense data submitted pursuant to this Article shall not be
412412 17 subject to disclosure by the chief county assessment officer
413413 18 in accordance with the Freedom of Information Act and other
414414 19 applicable law, or pursuant to court order in a tax or other
415415 20 matter. Nothing in this Section prohibits a chief county
416416 21 assessment officer from disclosing compiled and anonymized
417417 22 income and expense data as provided in this Section.
418418 23 (g) The income and expense data submitted pursuant to this
419419 24 Section shall be processed and used as follows:
420420 25 (1) Income and expense data in its original form in
421421 26 which the taxpayer, obligated party and the property in
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432432 1 question is identified shall not be used for purposes of
433433 2 assessing individual properties. The chief county
434434 3 assessment officer shall compile and anonymize income and
435435 4 expense data that is collected under this Division and
436436 5 shall cause such information to be published annually.
437437 6 Compiled and anonymized data may be used in the mass
438438 7 appraisal or assessment of property.
439439 8 The chief county assessment officer shall cause the
440440 9 income and expense data to be compiled and anonymized in
441441 10 accordance with statistical disclosure controls accepted
442442 11 in the field that account for control of microdata and
443443 12 quantitative and frequency tables in a manner that
444444 13 considers individual property characteristics but prevents
445445 14 the disclosure of individual property identity. Such
446446 15 compilation and anonymization shall be performed by staff
447447 16 who are not directly involved in the valuation of the type
448448 17 of property for which the data has been submitted. The
449449 18 chief county assessment officer shall publish the
450450 19 procedures followed in compiling and anonymizing data.
451451 20 (2) If a particular property is so unique in
452452 21 characteristics, features, or location that the property
453453 22 or its owner could be identified if the property's income
454454 23 and expense data are included in compiled and anonymized
455455 24 data that is made available to the public, township
456456 25 assessors, or boards of review under this Section, the
457457 26 income and expense data for that particular property shall
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468468 1 not be included in compiled and anonymized data.
469469 2 (3) Notwithstanding any other provision of this
470470 3 Section, the taxpayer or obligated party of any property
471471 4 for which income and expense data has been submitted shall
472472 5 have the right at all times to: (i) obtain a copy of such
473473 6 income and expense data as submitted, in its original
474474 7 form, from the chief county assessment officer; (ii) file
475475 8 such income and expense data in any public forum; or (iii)
476476 9 authorize such filing or publication of the income and
477477 10 expense data in any other manner that the owner may
478478 11 choose.
479479 12 The chief county assessment officer shall establish
480480 13 and maintain reasonable security measures consistent with
481481 14 State and local law and the Federal Information Security
482482 15 Management Act to protect income and expense data.
483483 16 (h) All information received by the chief county
484484 17 assessment officer from income and expense data filed under
485485 18 this Article shall be used only for official purposes. Any
486486 19 person who divulges income and expense data submitted under
487487 20 this Article other than as permitted in this Article, in
488488 21 accordance with a proper judicial order, or as otherwise
489489 22 provided by law, shall be guilty of a Class B misdemeanor and
490490 23 subject to a fine not to exceed $7,500.
491491 24 (i) The chief county assessment officer shall prepare a
492492 25 summary report within 60 days of the completion of the first
493493 26 assessment cycle in which income expense data is compiled
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504504 1 under this Section and used in the assessment process, and
505505 2 report findings to the Revenue committees of the Illinois
506506 3 Senate and House of Representatives within 45 days thereafter.
507507 4 The report shall document income and expense data collection,
508508 5 changes in assessed or equalized assessed values that followed
509509 6 the collection and use of compiled and anonymized income and
510510 7 expense data for properties subject to reassessment, shall
511511 8 compare reassessment year assessed or equalized assessed
512512 9 values with values or equalized assessed values from the
513513 10 immediately preceding reassessment cycle. The report shall
514514 11 document any shifts in the percentage of commercial or
515515 12 residential properties that comprise a portion of the total
516516 13 assessed value or equalized assessed value of property within
517517 14 the county. This report shall be produced annually following
518518 15 the effective date of this amendatory Act of the 104th General
519519 16 Assembly until all property located within a county subject to
520520 17 this Section has been reassessed.
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523523
524524
525525
526526 HB1827 - 14 - LRB104 03520 HLH 13543 b