1 | 1 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1977 Introduced 2/6/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-163 new35 ILCS 200/15-17235 ILCS 200/21-385320 ILCS 30/2 from Ch. 67 1/2, par. 452320 ILCS 30/3 from Ch. 67 1/2, par. 453 Amends the Property Tax Code. Provides that, on and after July 1, 2026, any bill to amend an existing homestead exemption or to create a new homestead exemption shall include the submission of an impact statement prepared by the sponsor of the bill. Provides that the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be $85,000 for taxable year 2025 and shall be subject to a cost-of-living adjustment in subsequent years. Provides that, for any tax certificates held by a county, the county clerk may create and administer a payment plan during the redemption period. Amends the Senior Citizens Real Estate Tax Deferral Act. Makes changes concerning the maximum household income. Effective immediately. LRB104 10823 HLH 20904 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1977 Introduced 2/6/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-163 new35 ILCS 200/15-17235 ILCS 200/21-385320 ILCS 30/2 from Ch. 67 1/2, par. 452320 ILCS 30/3 from Ch. 67 1/2, par. 453 35 ILCS 200/15-163 new 35 ILCS 200/15-172 35 ILCS 200/21-385 320 ILCS 30/2 from Ch. 67 1/2, par. 452 320 ILCS 30/3 from Ch. 67 1/2, par. 453 Amends the Property Tax Code. Provides that, on and after July 1, 2026, any bill to amend an existing homestead exemption or to create a new homestead exemption shall include the submission of an impact statement prepared by the sponsor of the bill. Provides that the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be $85,000 for taxable year 2025 and shall be subject to a cost-of-living adjustment in subsequent years. Provides that, for any tax certificates held by a county, the county clerk may create and administer a payment plan during the redemption period. Amends the Senior Citizens Real Estate Tax Deferral Act. Makes changes concerning the maximum household income. Effective immediately. LRB104 10823 HLH 20904 b LRB104 10823 HLH 20904 b A BILL FOR |
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2 | 2 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1977 Introduced 2/6/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 35 ILCS 200/15-163 new35 ILCS 200/15-17235 ILCS 200/21-385320 ILCS 30/2 from Ch. 67 1/2, par. 452320 ILCS 30/3 from Ch. 67 1/2, par. 453 35 ILCS 200/15-163 new 35 ILCS 200/15-172 35 ILCS 200/21-385 320 ILCS 30/2 from Ch. 67 1/2, par. 452 320 ILCS 30/3 from Ch. 67 1/2, par. 453 |
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4 | 4 | | 35 ILCS 200/15-163 new |
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5 | 5 | | 35 ILCS 200/15-172 |
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6 | 6 | | 35 ILCS 200/21-385 |
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7 | 7 | | 320 ILCS 30/2 from Ch. 67 1/2, par. 452 |
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8 | 8 | | 320 ILCS 30/3 from Ch. 67 1/2, par. 453 |
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9 | 9 | | Amends the Property Tax Code. Provides that, on and after July 1, 2026, any bill to amend an existing homestead exemption or to create a new homestead exemption shall include the submission of an impact statement prepared by the sponsor of the bill. Provides that the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be $85,000 for taxable year 2025 and shall be subject to a cost-of-living adjustment in subsequent years. Provides that, for any tax certificates held by a county, the county clerk may create and administer a payment plan during the redemption period. Amends the Senior Citizens Real Estate Tax Deferral Act. Makes changes concerning the maximum household income. Effective immediately. |
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10 | 10 | | LRB104 10823 HLH 20904 b LRB104 10823 HLH 20904 b |
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11 | 11 | | LRB104 10823 HLH 20904 b |
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12 | 12 | | A BILL FOR |
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13 | 13 | | SB1977LRB104 10823 HLH 20904 b SB1977 LRB104 10823 HLH 20904 b |
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14 | 14 | | SB1977 LRB104 10823 HLH 20904 b |
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15 | 15 | | 1 AN ACT concerning revenue. |
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16 | 16 | | 2 Be it enacted by the People of the State of Illinois, |
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17 | 17 | | 3 represented in the General Assembly: |
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18 | 18 | | 4 Section 5. The Property Tax Code is amended by changing |
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19 | 19 | | 5 Sections 15-172 and 21-385 and by adding Section 15-163 as |
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20 | 20 | | 6 follows: |
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21 | 21 | | 7 (35 ILCS 200/15-163 new) |
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22 | 22 | | 8 Sec. 15-163. Homestead exemption impact statement. |
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23 | 23 | | 9 (a) On and after July 1, 2026, any bill to amend an |
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24 | 24 | | 10 existing homestead exemption or to create a new homestead |
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25 | 25 | | 11 exemption shall include the submission of an impact statement |
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26 | 26 | | 12 prepared by the sponsor of the bill, to accompany the bill, |
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27 | 27 | | 13 that identifies the following: |
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28 | 28 | | 14 (1) the policy purpose, goal, and demographics of who |
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29 | 29 | | 15 may be impacted by proposal; |
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30 | 30 | | 16 (2) the effect of the homestead exemption on taxing |
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31 | 31 | | 17 districts, including a description of how the homestead |
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32 | 32 | | 18 exemption could have varying effects across communities, |
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33 | 33 | | 19 counties, and townships; and |
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34 | 34 | | 20 (3) optional funding sources that could be considered |
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35 | 35 | | 21 by taxing districts to replace any identified additional |
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36 | 36 | | 22 burdens placed on taxpayers through the adoption of |
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37 | 37 | | 23 additional exemptions. |
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38 | 38 | | |
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40 | 40 | | |
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41 | 41 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1977 Introduced 2/6/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
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42 | 42 | | 35 ILCS 200/15-163 new35 ILCS 200/15-17235 ILCS 200/21-385320 ILCS 30/2 from Ch. 67 1/2, par. 452320 ILCS 30/3 from Ch. 67 1/2, par. 453 35 ILCS 200/15-163 new 35 ILCS 200/15-172 35 ILCS 200/21-385 320 ILCS 30/2 from Ch. 67 1/2, par. 452 320 ILCS 30/3 from Ch. 67 1/2, par. 453 |
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43 | 43 | | 35 ILCS 200/15-163 new |
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44 | 44 | | 35 ILCS 200/15-172 |
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45 | 45 | | 35 ILCS 200/21-385 |
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46 | 46 | | 320 ILCS 30/2 from Ch. 67 1/2, par. 452 |
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47 | 47 | | 320 ILCS 30/3 from Ch. 67 1/2, par. 453 |
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48 | 48 | | Amends the Property Tax Code. Provides that, on and after July 1, 2026, any bill to amend an existing homestead exemption or to create a new homestead exemption shall include the submission of an impact statement prepared by the sponsor of the bill. Provides that the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be $85,000 for taxable year 2025 and shall be subject to a cost-of-living adjustment in subsequent years. Provides that, for any tax certificates held by a county, the county clerk may create and administer a payment plan during the redemption period. Amends the Senior Citizens Real Estate Tax Deferral Act. Makes changes concerning the maximum household income. Effective immediately. |
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49 | 49 | | LRB104 10823 HLH 20904 b LRB104 10823 HLH 20904 b |
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50 | 50 | | LRB104 10823 HLH 20904 b |
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51 | 51 | | A BILL FOR |
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52 | 52 | | |
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53 | 53 | | |
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54 | 54 | | |
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55 | 55 | | |
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56 | 56 | | |
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57 | 57 | | 35 ILCS 200/15-163 new |
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58 | 58 | | 35 ILCS 200/15-172 |
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59 | 59 | | 35 ILCS 200/21-385 |
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60 | 60 | | 320 ILCS 30/2 from Ch. 67 1/2, par. 452 |
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61 | 61 | | 320 ILCS 30/3 from Ch. 67 1/2, par. 453 |
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62 | 62 | | |
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63 | 63 | | |
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64 | 64 | | |
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65 | 65 | | LRB104 10823 HLH 20904 b |
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66 | 66 | | |
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74 | 74 | | |
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75 | 75 | | SB1977 LRB104 10823 HLH 20904 b |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | SB1977- 2 -LRB104 10823 HLH 20904 b SB1977 - 2 - LRB104 10823 HLH 20904 b |
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79 | 79 | | SB1977 - 2 - LRB104 10823 HLH 20904 b |
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80 | 80 | | 1 (b) The impact statement must be provided before the first |
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81 | 81 | | 2 legislative vote on a bill to create new or amend homestead |
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82 | 82 | | 3 exemptions. |
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83 | 83 | | 4 (c) As used in this Section: |
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84 | 84 | | 5 "Homestead" means the land and buildings thereon, |
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85 | 85 | | 6 including a condominium or a dwelling unit in a multi-dwelling |
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86 | 86 | | 7 building that is owned and operated as a cooperative, occupied |
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87 | 87 | | 8 by the taxpayer as the taxpayer's principal residence, or |
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88 | 88 | | 9 which is temporarily unoccupied by the taxpayer because the |
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89 | 89 | | 10 taxpayer is temporarily residing, for not more than one year, |
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90 | 90 | | 11 in a licensed facility as defined in Section 1-113 of the |
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91 | 91 | | 12 Nursing Home Care Act. |
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92 | 92 | | 13 "Homestead exemption" means a property tax exemption that |
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93 | 93 | | 14 decreases all or a portion of the equalized assessed value of |
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94 | 94 | | 15 homestead property for a designated group of taxpayers. The |
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95 | 95 | | 16 term "homestead exemption" is limited to an exemption that is |
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96 | 96 | | 17 granted for the purpose of residential property tax relief and |
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97 | 97 | | 18 that has one or more of the following goals: (i) lowering the |
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98 | 98 | | 19 tax burden on targeted and identified groups; (ii) promoting |
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99 | 99 | | 20 progressivity into property tax system; (iii) sheltering |
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100 | 100 | | 21 groups at risk by lowering tax burden; or (iv) supporting |
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101 | 101 | | 22 rehabilitation and maintenance of existing housing. |
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102 | 102 | | 23 (35 ILCS 200/15-172) |
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103 | 103 | | 24 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze |
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104 | 104 | | 25 Homestead Exemption. |
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105 | 105 | | |
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106 | 106 | | |
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107 | 107 | | |
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108 | 108 | | |
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109 | 109 | | |
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110 | 110 | | SB1977 - 2 - LRB104 10823 HLH 20904 b |
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111 | 111 | | |
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112 | 112 | | |
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113 | 113 | | SB1977- 3 -LRB104 10823 HLH 20904 b SB1977 - 3 - LRB104 10823 HLH 20904 b |
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114 | 114 | | SB1977 - 3 - LRB104 10823 HLH 20904 b |
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115 | 115 | | 1 (a) This Section may be cited as the Low-Income Senior |
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116 | 116 | | 2 Citizens Assessment Freeze Homestead Exemption. |
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117 | 117 | | 3 (b) As used in this Section: |
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118 | 118 | | 4 "Applicant" means an individual who has filed an |
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119 | 119 | | 5 application under this Section. |
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120 | 120 | | 6 "Base amount" means the base year equalized assessed value |
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121 | 121 | | 7 of the residence plus the first year's equalized assessed |
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122 | 122 | | 8 value of any added improvements which increased the assessed |
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123 | 123 | | 9 value of the residence after the base year. |
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124 | 124 | | 10 "Base year" means the taxable year prior to the taxable |
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125 | 125 | | 11 year for which the applicant first qualifies and applies for |
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126 | 126 | | 12 the exemption provided that in the prior taxable year the |
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127 | 127 | | 13 property was improved with a permanent structure that was |
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128 | 128 | | 14 occupied as a residence by the applicant who was liable for |
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129 | 129 | | 15 paying real property taxes on the property and who was either |
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130 | 130 | | 16 (i) an owner of record of the property or had legal or |
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131 | 131 | | 17 equitable interest in the property as evidenced by a written |
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132 | 132 | | 18 instrument or (ii) had a legal or equitable interest as a |
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133 | 133 | | 19 lessee in the parcel of property that was single family |
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134 | 134 | | 20 residence. If in any subsequent taxable year for which the |
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135 | 135 | | 21 applicant applies and qualifies for the exemption the |
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136 | 136 | | 22 equalized assessed value of the residence is less than the |
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137 | 137 | | 23 equalized assessed value in the existing base year (provided |
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138 | 138 | | 24 that such equalized assessed value is not based on an assessed |
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139 | 139 | | 25 value that results from a temporary irregularity in the |
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140 | 140 | | 26 property that reduces the assessed value for one or more |
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141 | 141 | | |
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142 | 142 | | |
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143 | 143 | | |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | SB1977 - 3 - LRB104 10823 HLH 20904 b |
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147 | 147 | | |
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148 | 148 | | |
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149 | 149 | | SB1977- 4 -LRB104 10823 HLH 20904 b SB1977 - 4 - LRB104 10823 HLH 20904 b |
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150 | 150 | | SB1977 - 4 - LRB104 10823 HLH 20904 b |
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151 | 151 | | 1 taxable years), then that subsequent taxable year shall become |
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152 | 152 | | 2 the base year until a new base year is established under the |
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153 | 153 | | 3 terms of this paragraph. For taxable year 1999 only, the Chief |
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154 | 154 | | 4 County Assessment Officer shall review (i) all taxable years |
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155 | 155 | | 5 for which the applicant applied and qualified for the |
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156 | 156 | | 6 exemption and (ii) the existing base year. The assessment |
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157 | 157 | | 7 officer shall select as the new base year the year with the |
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158 | 158 | | 8 lowest equalized assessed value. An equalized assessed value |
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159 | 159 | | 9 that is based on an assessed value that results from a |
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160 | 160 | | 10 temporary irregularity in the property that reduces the |
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161 | 161 | | 11 assessed value for one or more taxable years shall not be |
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162 | 162 | | 12 considered the lowest equalized assessed value. The selected |
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163 | 163 | | 13 year shall be the base year for taxable year 1999 and |
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164 | 164 | | 14 thereafter until a new base year is established under the |
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165 | 165 | | 15 terms of this paragraph. |
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166 | 166 | | 16 "Chief County Assessment Officer" means the County |
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167 | 167 | | 17 Assessor or Supervisor of Assessments of the county in which |
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168 | 168 | | 18 the property is located. |
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169 | 169 | | 19 "Consumer Price Index" means the index published by the |
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170 | 170 | | 20 Bureau of Labor Statistics of the United States Department of |
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171 | 171 | | 21 Labor that measures the average change in prices of goods and |
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172 | 172 | | 22 services purchased by all urban consumers, United States city |
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173 | 173 | | 23 average, all items, 1982-84 = 100. |
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174 | 174 | | 24 "Equalized assessed value" means the assessed value as |
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175 | 175 | | 25 equalized by the Illinois Department of Revenue. |
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176 | 176 | | 26 "Household" means the applicant, the spouse of the |
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177 | 177 | | |
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178 | 178 | | |
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179 | 179 | | |
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180 | 180 | | |
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181 | 181 | | |
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182 | 182 | | SB1977 - 4 - LRB104 10823 HLH 20904 b |
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183 | 183 | | |
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184 | 184 | | |
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185 | 185 | | SB1977- 5 -LRB104 10823 HLH 20904 b SB1977 - 5 - LRB104 10823 HLH 20904 b |
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186 | 186 | | SB1977 - 5 - LRB104 10823 HLH 20904 b |
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187 | 187 | | 1 applicant, and all persons using the residence of the |
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188 | 188 | | 2 applicant as their principal place of residence. |
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189 | 189 | | 3 "Household income" means the combined income of the |
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190 | 190 | | 4 members of a household for the calendar year preceding the |
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191 | 191 | | 5 taxable year. |
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192 | 192 | | 6 "Income" has the same meaning as provided in Section 3.07 |
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193 | 193 | | 7 of the Senior Citizens and Persons with Disabilities Property |
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194 | 194 | | 8 Tax Relief Act, except that, beginning in assessment year |
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195 | 195 | | 9 2001, "income" does not include veteran's benefits. |
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196 | 196 | | 10 "Internal Revenue Code of 1986" means the United States |
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197 | 197 | | 11 Internal Revenue Code of 1986 or any successor law or laws |
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198 | 198 | | 12 relating to federal income taxes in effect for the year |
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199 | 199 | | 13 preceding the taxable year. |
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200 | 200 | | 14 "Life care facility that qualifies as a cooperative" means |
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201 | 201 | | 15 a facility as defined in Section 2 of the Life Care Facilities |
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202 | 202 | | 16 Act. |
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203 | 203 | | 17 "Maximum income limitation" means: |
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204 | 204 | | 18 (1) $35,000 prior to taxable year 1999; |
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205 | 205 | | 19 (2) $40,000 in taxable years 1999 through 2003; |
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206 | 206 | | 20 (3) $45,000 in taxable years 2004 through 2005; |
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207 | 207 | | 21 (4) $50,000 in taxable years 2006 and 2007; |
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208 | 208 | | 22 (5) $55,000 in taxable years 2008 through 2016; |
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209 | 209 | | 23 (6) for taxable year 2017, (i) $65,000 for qualified |
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210 | 210 | | 24 property located in a county with 3,000,000 or more |
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211 | 211 | | 25 inhabitants and (ii) $55,000 for qualified property |
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212 | 212 | | 26 located in a county with fewer than 3,000,000 inhabitants; |
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218 | 218 | | SB1977 - 5 - LRB104 10823 HLH 20904 b |
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221 | 221 | | SB1977- 6 -LRB104 10823 HLH 20904 b SB1977 - 6 - LRB104 10823 HLH 20904 b |
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222 | 222 | | SB1977 - 6 - LRB104 10823 HLH 20904 b |
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223 | 223 | | 1 and |
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224 | 224 | | 2 (7) for taxable years 2018 through 2024 and |
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225 | 225 | | 3 thereafter, $65,000 for all qualified property; . |
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226 | 226 | | 4 (8) for taxable year 2025, $85,000 for all qualified |
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227 | 227 | | 5 property; and |
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228 | 228 | | 6 (9) for taxable years 2026 and thereafter, the maximum |
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229 | 229 | | 7 income limitation for the immediately preceding taxable |
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230 | 230 | | 8 year, multiplied by one plus the lesser of (i) the |
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231 | 231 | | 9 percentage increase, if any, in the Consumer Price Index |
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232 | 232 | | 10 for All Urban Consumers for the 12 months ending in March |
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233 | 233 | | 11 of the immediately preceding calendar year or (ii) 3%; the |
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234 | 234 | | 12 maximum income limitation under this item (9) shall be |
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235 | 235 | | 13 rounded to the nearest dollar. |
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236 | 236 | | 14 By June 1, 2026, and by June 1 of each year thereafter, the |
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237 | 237 | | 15 Department of Revenue shall determine the maximum income |
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238 | 238 | | 16 limitation for the applicable taxable year and shall post that |
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239 | 239 | | 17 amount on its website. |
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240 | 240 | | 18 As an alternative income valuation, a homeowner who is |
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241 | 241 | | 19 enrolled in any of the following programs may be presumed to |
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242 | 242 | | 20 have household income that does not exceed the maximum income |
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243 | 243 | | 21 limitation for that tax year as required by this Section: Aid |
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244 | 244 | | 22 to the Aged, Blind or Disabled (AABD) Program or the |
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245 | 245 | | 23 Supplemental Nutrition Assistance Program (SNAP), both of |
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246 | 246 | | 24 which are administered by the Department of Human Services; |
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247 | 247 | | 25 the Low Income Home Energy Assistance Program (LIHEAP), which |
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248 | 248 | | 26 is administered by the Department of Commerce and Economic |
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249 | 249 | | |
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250 | 250 | | |
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252 | 252 | | |
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253 | 253 | | |
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254 | 254 | | SB1977 - 6 - LRB104 10823 HLH 20904 b |
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255 | 255 | | |
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256 | 256 | | |
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257 | 257 | | SB1977- 7 -LRB104 10823 HLH 20904 b SB1977 - 7 - LRB104 10823 HLH 20904 b |
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258 | 258 | | SB1977 - 7 - LRB104 10823 HLH 20904 b |
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259 | 259 | | 1 Opportunity; The Benefit Access program, which is administered |
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260 | 260 | | 2 by the Department on Aging; and the Senior Citizens Real |
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261 | 261 | | 3 Estate Tax Deferral Program. |
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262 | 262 | | 4 A chief county assessment officer may indicate that he or |
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263 | 263 | | 5 she has verified an applicant's income eligibility for this |
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264 | 264 | | 6 exemption but may not report which program or programs, if |
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265 | 265 | | 7 any, enroll the applicant. Release of personal information |
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266 | 266 | | 8 submitted pursuant to this Section shall be deemed an |
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267 | 267 | | 9 unwarranted invasion of personal privacy under the Freedom of |
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268 | 268 | | 10 Information Act. |
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269 | 269 | | 11 "Residence" means the principal dwelling place and |
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270 | 270 | | 12 appurtenant structures used for residential purposes in this |
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271 | 271 | | 13 State occupied on January 1 of the taxable year by a household |
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272 | 272 | | 14 and so much of the surrounding land, constituting the parcel |
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273 | 273 | | 15 upon which the dwelling place is situated, as is used for |
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274 | 274 | | 16 residential purposes. If the Chief County Assessment Officer |
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275 | 275 | | 17 has established a specific legal description for a portion of |
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276 | 276 | | 18 property constituting the residence, then that portion of |
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277 | 277 | | 19 property shall be deemed the residence for the purposes of |
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278 | 278 | | 20 this Section. |
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279 | 279 | | 21 "Taxable year" means the calendar year during which ad |
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280 | 280 | | 22 valorem property taxes payable in the next succeeding year are |
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281 | 281 | | 23 levied. |
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282 | 282 | | 24 (c) Beginning in taxable year 1994, a low-income senior |
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283 | 283 | | 25 citizens assessment freeze homestead exemption is granted for |
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284 | 284 | | 26 real property that is improved with a permanent structure that |
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285 | 285 | | |
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286 | 286 | | |
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287 | 287 | | |
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288 | 288 | | |
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289 | 289 | | |
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290 | 290 | | SB1977 - 7 - LRB104 10823 HLH 20904 b |
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292 | 292 | | |
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293 | 293 | | SB1977- 8 -LRB104 10823 HLH 20904 b SB1977 - 8 - LRB104 10823 HLH 20904 b |
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294 | 294 | | SB1977 - 8 - LRB104 10823 HLH 20904 b |
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295 | 295 | | 1 is occupied as a residence by an applicant who (i) is 65 years |
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296 | 296 | | 2 of age or older during the taxable year, (ii) has a household |
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297 | 297 | | 3 income that does not exceed the maximum income limitation, |
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298 | 298 | | 4 (iii) is liable for paying real property taxes on the |
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299 | 299 | | 5 property, and (iv) is an owner of record of the property or has |
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300 | 300 | | 6 a legal or equitable interest in the property as evidenced by a |
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301 | 301 | | 7 written instrument. This homestead exemption shall also apply |
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302 | 302 | | 8 to a leasehold interest in a parcel of property improved with a |
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303 | 303 | | 9 permanent structure that is a single family residence that is |
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304 | 304 | | 10 occupied as a residence by a person who (i) is 65 years of age |
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305 | 305 | | 11 or older during the taxable year, (ii) has a household income |
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306 | 306 | | 12 that does not exceed the maximum income limitation, (iii) has |
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307 | 307 | | 13 a legal or equitable ownership interest in the property as |
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308 | 308 | | 14 lessee, and (iv) is liable for the payment of real property |
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309 | 309 | | 15 taxes on that property. |
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310 | 310 | | 16 In counties of 3,000,000 or more inhabitants, the amount |
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311 | 311 | | 17 of the exemption for all taxable years is the equalized |
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312 | 312 | | 18 assessed value of the residence in the taxable year for which |
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313 | 313 | | 19 application is made minus the base amount. In all other |
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314 | 314 | | 20 counties, the amount of the exemption is as follows: (i) |
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315 | 315 | | 21 through taxable year 2005 and for taxable year 2007 and |
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316 | 316 | | 22 thereafter, the amount of this exemption shall be the |
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317 | 317 | | 23 equalized assessed value of the residence in the taxable year |
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318 | 318 | | 24 for which application is made minus the base amount; and (ii) |
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319 | 319 | | 25 for taxable year 2006, the amount of the exemption is as |
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320 | 320 | | 26 follows: |
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321 | 321 | | |
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322 | 322 | | |
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323 | 323 | | |
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324 | 324 | | |
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325 | 325 | | |
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326 | 326 | | SB1977 - 8 - LRB104 10823 HLH 20904 b |
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328 | 328 | | |
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329 | 329 | | SB1977- 9 -LRB104 10823 HLH 20904 b SB1977 - 9 - LRB104 10823 HLH 20904 b |
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330 | 330 | | SB1977 - 9 - LRB104 10823 HLH 20904 b |
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331 | 331 | | 1 (1) For an applicant who has a household income of |
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332 | 332 | | 2 $45,000 or less, the amount of the exemption is the |
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333 | 333 | | 3 equalized assessed value of the residence in the taxable |
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334 | 334 | | 4 year for which application is made minus the base amount. |
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335 | 335 | | 5 (2) For an applicant who has a household income |
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336 | 336 | | 6 exceeding $45,000 but not exceeding $46,250, the amount of |
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337 | 337 | | 7 the exemption is (i) the equalized assessed value of the |
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338 | 338 | | 8 residence in the taxable year for which application is |
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339 | 339 | | 9 made minus the base amount (ii) multiplied by 0.8. |
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340 | 340 | | 10 (3) For an applicant who has a household income |
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341 | 341 | | 11 exceeding $46,250 but not exceeding $47,500, the amount of |
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342 | 342 | | 12 the exemption is (i) the equalized assessed value of the |
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343 | 343 | | 13 residence in the taxable year for which application is |
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344 | 344 | | 14 made minus the base amount (ii) multiplied by 0.6. |
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345 | 345 | | 15 (4) For an applicant who has a household income |
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346 | 346 | | 16 exceeding $47,500 but not exceeding $48,750, the amount of |
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347 | 347 | | 17 the exemption is (i) the equalized assessed value of the |
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348 | 348 | | 18 residence in the taxable year for which application is |
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349 | 349 | | 19 made minus the base amount (ii) multiplied by 0.4. |
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350 | 350 | | 20 (5) For an applicant who has a household income |
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351 | 351 | | 21 exceeding $48,750 but not exceeding $50,000, the amount of |
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352 | 352 | | 22 the exemption is (i) the equalized assessed value of the |
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353 | 353 | | 23 residence in the taxable year for which application is |
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354 | 354 | | 24 made minus the base amount (ii) multiplied by 0.2. |
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355 | 355 | | 25 When the applicant is a surviving spouse of an applicant |
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356 | 356 | | 26 for a prior year for the same residence for which an exemption |
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357 | 357 | | |
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358 | 358 | | |
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359 | 359 | | |
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360 | 360 | | |
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361 | 361 | | |
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362 | 362 | | SB1977 - 9 - LRB104 10823 HLH 20904 b |
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363 | 363 | | |
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364 | 364 | | |
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365 | 365 | | SB1977- 10 -LRB104 10823 HLH 20904 b SB1977 - 10 - LRB104 10823 HLH 20904 b |
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366 | 366 | | SB1977 - 10 - LRB104 10823 HLH 20904 b |
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367 | 367 | | 1 under this Section has been granted, the base year and base |
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368 | 368 | | 2 amount for that residence are the same as for the applicant for |
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369 | 369 | | 3 the prior year. |
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370 | 370 | | 4 Each year at the time the assessment books are certified |
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371 | 371 | | 5 to the County Clerk, the Board of Review or Board of Appeals |
---|
372 | 372 | | 6 shall give to the County Clerk a list of the assessed values of |
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373 | 373 | | 7 improvements on each parcel qualifying for this exemption that |
---|
374 | 374 | | 8 were added after the base year for this parcel and that |
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375 | 375 | | 9 increased the assessed value of the property. |
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376 | 376 | | 10 In the case of land improved with an apartment building |
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377 | 377 | | 11 owned and operated as a cooperative or a building that is a |
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378 | 378 | | 12 life care facility that qualifies as a cooperative, the |
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379 | 379 | | 13 maximum reduction from the equalized assessed value of the |
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380 | 380 | | 14 property is limited to the sum of the reductions calculated |
---|
381 | 381 | | 15 for each unit occupied as a residence by a person or persons |
---|
382 | 382 | | 16 (i) 65 years of age or older, (ii) with a household income that |
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383 | 383 | | 17 does not exceed the maximum income limitation, (iii) who is |
---|
384 | 384 | | 18 liable, by contract with the owner or owners of record, for |
---|
385 | 385 | | 19 paying real property taxes on the property, and (iv) who is an |
---|
386 | 386 | | 20 owner of record of a legal or equitable interest in the |
---|
387 | 387 | | 21 cooperative apartment building, other than a leasehold |
---|
388 | 388 | | 22 interest. In the instance of a cooperative where a homestead |
---|
389 | 389 | | 23 exemption has been granted under this Section, the cooperative |
---|
390 | 390 | | 24 association or its management firm shall credit the savings |
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391 | 391 | | 25 resulting from that exemption only to the apportioned tax |
---|
392 | 392 | | 26 liability of the owner who qualified for the exemption. Any |
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393 | 393 | | |
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394 | 394 | | |
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395 | 395 | | |
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396 | 396 | | |
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397 | 397 | | |
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398 | 398 | | SB1977 - 10 - LRB104 10823 HLH 20904 b |
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399 | 399 | | |
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400 | 400 | | |
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401 | 401 | | SB1977- 11 -LRB104 10823 HLH 20904 b SB1977 - 11 - LRB104 10823 HLH 20904 b |
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402 | 402 | | SB1977 - 11 - LRB104 10823 HLH 20904 b |
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403 | 403 | | 1 person who willfully refuses to credit that savings to an |
---|
404 | 404 | | 2 owner who qualifies for the exemption is guilty of a Class B |
---|
405 | 405 | | 3 misdemeanor. |
---|
406 | 406 | | 4 When a homestead exemption has been granted under this |
---|
407 | 407 | | 5 Section and an applicant then becomes a resident of a facility |
---|
408 | 408 | | 6 licensed under the Assisted Living and Shared Housing Act, the |
---|
409 | 409 | | 7 Nursing Home Care Act, the Specialized Mental Health |
---|
410 | 410 | | 8 Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
---|
411 | 411 | | 9 the MC/DD Act, the exemption shall be granted in subsequent |
---|
412 | 412 | | 10 years so long as the residence (i) continues to be occupied by |
---|
413 | 413 | | 11 the qualified applicant's spouse or (ii) if remaining |
---|
414 | 414 | | 12 unoccupied, is still owned by the qualified applicant for the |
---|
415 | 415 | | 13 homestead exemption. |
---|
416 | 416 | | 14 Beginning January 1, 1997, when an individual dies who |
---|
417 | 417 | | 15 would have qualified for an exemption under this Section, and |
---|
418 | 418 | | 16 the surviving spouse does not independently qualify for this |
---|
419 | 419 | | 17 exemption because of age, the exemption under this Section |
---|
420 | 420 | | 18 shall be granted to the surviving spouse for the taxable year |
---|
421 | 421 | | 19 preceding and the taxable year of the death, provided that, |
---|
422 | 422 | | 20 except for age, the surviving spouse meets all other |
---|
423 | 423 | | 21 qualifications for the granting of this exemption for those |
---|
424 | 424 | | 22 years. |
---|
425 | 425 | | 23 When married persons maintain separate residences, the |
---|
426 | 426 | | 24 exemption provided for in this Section may be claimed by only |
---|
427 | 427 | | 25 one of such persons and for only one residence. |
---|
428 | 428 | | 26 For taxable year 1994 only, in counties having less than |
---|
429 | 429 | | |
---|
430 | 430 | | |
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431 | 431 | | |
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432 | 432 | | |
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433 | 433 | | |
---|
434 | 434 | | SB1977 - 11 - LRB104 10823 HLH 20904 b |
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435 | 435 | | |
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436 | 436 | | |
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437 | 437 | | SB1977- 12 -LRB104 10823 HLH 20904 b SB1977 - 12 - LRB104 10823 HLH 20904 b |
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438 | 438 | | SB1977 - 12 - LRB104 10823 HLH 20904 b |
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439 | 439 | | 1 3,000,000 inhabitants, to receive the exemption, a person |
---|
440 | 440 | | 2 shall submit an application by February 15, 1995 to the Chief |
---|
441 | 441 | | 3 County Assessment Officer of the county in which the property |
---|
442 | 442 | | 4 is located. In counties having 3,000,000 or more inhabitants, |
---|
443 | 443 | | 5 for taxable year 1994 and all subsequent taxable years, to |
---|
444 | 444 | | 6 receive the exemption, a person may submit an application to |
---|
445 | 445 | | 7 the Chief County Assessment Officer of the county in which the |
---|
446 | 446 | | 8 property is located during such period as may be specified by |
---|
447 | 447 | | 9 the Chief County Assessment Officer. The Chief County |
---|
448 | 448 | | 10 Assessment Officer in counties of 3,000,000 or more |
---|
449 | 449 | | 11 inhabitants shall annually give notice of the application |
---|
450 | 450 | | 12 period by mail or by publication. In counties having less than |
---|
451 | 451 | | 13 3,000,000 inhabitants, beginning with taxable year 1995 and |
---|
452 | 452 | | 14 thereafter, to receive the exemption, a person shall submit an |
---|
453 | 453 | | 15 application by July 1 of each taxable year to the Chief County |
---|
454 | 454 | | 16 Assessment Officer of the county in which the property is |
---|
455 | 455 | | 17 located. A county may, by ordinance, establish a date for |
---|
456 | 456 | | 18 submission of applications that is different than July 1. The |
---|
457 | 457 | | 19 applicant shall submit with the application an affidavit of |
---|
458 | 458 | | 20 the applicant's total household income, age, marital status |
---|
459 | 459 | | 21 (and if married the name and address of the applicant's |
---|
460 | 460 | | 22 spouse, if known), and principal dwelling place of members of |
---|
461 | 461 | | 23 the household on January 1 of the taxable year. The Department |
---|
462 | 462 | | 24 shall establish, by rule, a method for verifying the accuracy |
---|
463 | 463 | | 25 of affidavits filed by applicants under this Section, and the |
---|
464 | 464 | | 26 Chief County Assessment Officer may conduct audits of any |
---|
465 | 465 | | |
---|
466 | 466 | | |
---|
467 | 467 | | |
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468 | 468 | | |
---|
469 | 469 | | |
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470 | 470 | | SB1977 - 12 - LRB104 10823 HLH 20904 b |
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471 | 471 | | |
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472 | 472 | | |
---|
473 | 473 | | SB1977- 13 -LRB104 10823 HLH 20904 b SB1977 - 13 - LRB104 10823 HLH 20904 b |
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474 | 474 | | SB1977 - 13 - LRB104 10823 HLH 20904 b |
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475 | 475 | | 1 taxpayer claiming an exemption under this Section to verify |
---|
476 | 476 | | 2 that the taxpayer is eligible to receive the exemption. Each |
---|
477 | 477 | | 3 application shall contain or be verified by a written |
---|
478 | 478 | | 4 declaration that it is made under the penalties of perjury. A |
---|
479 | 479 | | 5 taxpayer's signing a fraudulent application under this Act is |
---|
480 | 480 | | 6 perjury, as defined in Section 32-2 of the Criminal Code of |
---|
481 | 481 | | 7 2012. The applications shall be clearly marked as applications |
---|
482 | 482 | | 8 for the Low-Income Senior Citizens Assessment Freeze Homestead |
---|
483 | 483 | | 9 Exemption and must contain a notice that any taxpayer who |
---|
484 | 484 | | 10 receives the exemption is subject to an audit by the Chief |
---|
485 | 485 | | 11 County Assessment Officer. |
---|
486 | 486 | | 12 Notwithstanding any other provision to the contrary, in |
---|
487 | 487 | | 13 counties having fewer than 3,000,000 inhabitants, if an |
---|
488 | 488 | | 14 applicant fails to file the application required by this |
---|
489 | 489 | | 15 Section in a timely manner and this failure to file is due to a |
---|
490 | 490 | | 16 mental or physical condition sufficiently severe so as to |
---|
491 | 491 | | 17 render the applicant incapable of filing the application in a |
---|
492 | 492 | | 18 timely manner, the Chief County Assessment Officer may extend |
---|
493 | 493 | | 19 the filing deadline for a period of 30 days after the applicant |
---|
494 | 494 | | 20 regains the capability to file the application, but in no case |
---|
495 | 495 | | 21 may the filing deadline be extended beyond 3 months of the |
---|
496 | 496 | | 22 original filing deadline. In order to receive the extension |
---|
497 | 497 | | 23 provided in this paragraph, the applicant shall provide the |
---|
498 | 498 | | 24 Chief County Assessment Officer with a signed statement from |
---|
499 | 499 | | 25 the applicant's physician, advanced practice registered nurse, |
---|
500 | 500 | | 26 or physician assistant stating the nature and extent of the |
---|
501 | 501 | | |
---|
502 | 502 | | |
---|
503 | 503 | | |
---|
504 | 504 | | |
---|
505 | 505 | | |
---|
506 | 506 | | SB1977 - 13 - LRB104 10823 HLH 20904 b |
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507 | 507 | | |
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508 | 508 | | |
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509 | 509 | | SB1977- 14 -LRB104 10823 HLH 20904 b SB1977 - 14 - LRB104 10823 HLH 20904 b |
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510 | 510 | | SB1977 - 14 - LRB104 10823 HLH 20904 b |
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511 | 511 | | 1 condition, that, in the physician's, advanced practice |
---|
512 | 512 | | 2 registered nurse's, or physician assistant's opinion, the |
---|
513 | 513 | | 3 condition was so severe that it rendered the applicant |
---|
514 | 514 | | 4 incapable of filing the application in a timely manner, and |
---|
515 | 515 | | 5 the date on which the applicant regained the capability to |
---|
516 | 516 | | 6 file the application. |
---|
517 | 517 | | 7 Beginning January 1, 1998, notwithstanding any other |
---|
518 | 518 | | 8 provision to the contrary, in counties having fewer than |
---|
519 | 519 | | 9 3,000,000 inhabitants, if an applicant fails to file the |
---|
520 | 520 | | 10 application required by this Section in a timely manner and |
---|
521 | 521 | | 11 this failure to file is due to a mental or physical condition |
---|
522 | 522 | | 12 sufficiently severe so as to render the applicant incapable of |
---|
523 | 523 | | 13 filing the application in a timely manner, the Chief County |
---|
524 | 524 | | 14 Assessment Officer may extend the filing deadline for a period |
---|
525 | 525 | | 15 of 3 months. In order to receive the extension provided in this |
---|
526 | 526 | | 16 paragraph, the applicant shall provide the Chief County |
---|
527 | 527 | | 17 Assessment Officer with a signed statement from the |
---|
528 | 528 | | 18 applicant's physician, advanced practice registered nurse, or |
---|
529 | 529 | | 19 physician assistant stating the nature and extent of the |
---|
530 | 530 | | 20 condition, and that, in the physician's, advanced practice |
---|
531 | 531 | | 21 registered nurse's, or physician assistant's opinion, the |
---|
532 | 532 | | 22 condition was so severe that it rendered the applicant |
---|
533 | 533 | | 23 incapable of filing the application in a timely manner. |
---|
534 | 534 | | 24 In counties having less than 3,000,000 inhabitants, if an |
---|
535 | 535 | | 25 applicant was denied an exemption in taxable year 1994 and the |
---|
536 | 536 | | 26 denial occurred due to an error on the part of an assessment |
---|
537 | 537 | | |
---|
538 | 538 | | |
---|
539 | 539 | | |
---|
540 | 540 | | |
---|
541 | 541 | | |
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542 | 542 | | SB1977 - 14 - LRB104 10823 HLH 20904 b |
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543 | 543 | | |
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544 | 544 | | |
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545 | 545 | | SB1977- 15 -LRB104 10823 HLH 20904 b SB1977 - 15 - LRB104 10823 HLH 20904 b |
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546 | 546 | | SB1977 - 15 - LRB104 10823 HLH 20904 b |
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547 | 547 | | 1 official, or his or her agent or employee, then beginning in |
---|
548 | 548 | | 2 taxable year 1997 the applicant's base year, for purposes of |
---|
549 | 549 | | 3 determining the amount of the exemption, shall be 1993 rather |
---|
550 | 550 | | 4 than 1994. In addition, in taxable year 1997, the applicant's |
---|
551 | 551 | | 5 exemption shall also include an amount equal to (i) the amount |
---|
552 | 552 | | 6 of any exemption denied to the applicant in taxable year 1995 |
---|
553 | 553 | | 7 as a result of using 1994, rather than 1993, as the base year, |
---|
554 | 554 | | 8 (ii) the amount of any exemption denied to the applicant in |
---|
555 | 555 | | 9 taxable year 1996 as a result of using 1994, rather than 1993, |
---|
556 | 556 | | 10 as the base year, and (iii) the amount of the exemption |
---|
557 | 557 | | 11 erroneously denied for taxable year 1994. |
---|
558 | 558 | | 12 For purposes of this Section, a person who will be 65 years |
---|
559 | 559 | | 13 of age during the current taxable year shall be eligible to |
---|
560 | 560 | | 14 apply for the homestead exemption during that taxable year. |
---|
561 | 561 | | 15 Application shall be made during the application period in |
---|
562 | 562 | | 16 effect for the county of his or her residence. |
---|
563 | 563 | | 17 The Chief County Assessment Officer may determine the |
---|
564 | 564 | | 18 eligibility of a life care facility that qualifies as a |
---|
565 | 565 | | 19 cooperative to receive the benefits provided by this Section |
---|
566 | 566 | | 20 by use of an affidavit, application, visual inspection, |
---|
567 | 567 | | 21 questionnaire, or other reasonable method in order to insure |
---|
568 | 568 | | 22 that the tax savings resulting from the exemption are credited |
---|
569 | 569 | | 23 by the management firm to the apportioned tax liability of |
---|
570 | 570 | | 24 each qualifying resident. The Chief County Assessment Officer |
---|
571 | 571 | | 25 may request reasonable proof that the management firm has so |
---|
572 | 572 | | 26 credited that exemption. |
---|
573 | 573 | | |
---|
574 | 574 | | |
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575 | 575 | | |
---|
576 | 576 | | |
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577 | 577 | | |
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578 | 578 | | SB1977 - 15 - LRB104 10823 HLH 20904 b |
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579 | 579 | | |
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580 | 580 | | |
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581 | 581 | | SB1977- 16 -LRB104 10823 HLH 20904 b SB1977 - 16 - LRB104 10823 HLH 20904 b |
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582 | 582 | | SB1977 - 16 - LRB104 10823 HLH 20904 b |
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583 | 583 | | 1 Except as provided in this Section, all information |
---|
584 | 584 | | 2 received by the chief county assessment officer or the |
---|
585 | 585 | | 3 Department from applications filed under this Section, or from |
---|
586 | 586 | | 4 any investigation conducted under the provisions of this |
---|
587 | 587 | | 5 Section, shall be confidential, except for official purposes |
---|
588 | 588 | | 6 or pursuant to official procedures for collection of any State |
---|
589 | 589 | | 7 or local tax or enforcement of any civil or criminal penalty or |
---|
590 | 590 | | 8 sanction imposed by this Act or by any statute or ordinance |
---|
591 | 591 | | 9 imposing a State or local tax. Any person who divulges any such |
---|
592 | 592 | | 10 information in any manner, except in accordance with a proper |
---|
593 | 593 | | 11 judicial order, is guilty of a Class A misdemeanor. |
---|
594 | 594 | | 12 Nothing contained in this Section shall prevent the |
---|
595 | 595 | | 13 Director or chief county assessment officer from publishing or |
---|
596 | 596 | | 14 making available reasonable statistics concerning the |
---|
597 | 597 | | 15 operation of the exemption contained in this Section in which |
---|
598 | 598 | | 16 the contents of claims are grouped into aggregates in such a |
---|
599 | 599 | | 17 way that information contained in any individual claim shall |
---|
600 | 600 | | 18 not be disclosed. |
---|
601 | 601 | | 19 Notwithstanding any other provision of law, for taxable |
---|
602 | 602 | | 20 year 2017 and thereafter, in counties of 3,000,000 or more |
---|
603 | 603 | | 21 inhabitants, the amount of the exemption shall be the greater |
---|
604 | 604 | | 22 of (i) the amount of the exemption otherwise calculated under |
---|
605 | 605 | | 23 this Section or (ii) $2,000. |
---|
606 | 606 | | 24 (c-5) Notwithstanding any other provision of law, each |
---|
607 | 607 | | 25 chief county assessment officer may approve this exemption for |
---|
608 | 608 | | 26 the 2020 taxable year, without application, for any property |
---|
609 | 609 | | |
---|
610 | 610 | | |
---|
611 | 611 | | |
---|
612 | 612 | | |
---|
613 | 613 | | |
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614 | 614 | | SB1977 - 16 - LRB104 10823 HLH 20904 b |
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615 | 615 | | |
---|
616 | 616 | | |
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617 | 617 | | SB1977- 17 -LRB104 10823 HLH 20904 b SB1977 - 17 - LRB104 10823 HLH 20904 b |
---|
618 | 618 | | SB1977 - 17 - LRB104 10823 HLH 20904 b |
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619 | 619 | | 1 that was approved for this exemption for the 2019 taxable |
---|
620 | 620 | | 2 year, provided that: |
---|
621 | 621 | | 3 (1) the county board has declared a local disaster as |
---|
622 | 622 | | 4 provided in the Illinois Emergency Management Agency Act |
---|
623 | 623 | | 5 related to the COVID-19 public health emergency; |
---|
624 | 624 | | 6 (2) the owner of record of the property as of January |
---|
625 | 625 | | 7 1, 2020 is the same as the owner of record of the property |
---|
626 | 626 | | 8 as of January 1, 2019; |
---|
627 | 627 | | 9 (3) the exemption for the 2019 taxable year has not |
---|
628 | 628 | | 10 been determined to be an erroneous exemption as defined by |
---|
629 | 629 | | 11 this Code; and |
---|
630 | 630 | | 12 (4) the applicant for the 2019 taxable year has not |
---|
631 | 631 | | 13 asked for the exemption to be removed for the 2019 or 2020 |
---|
632 | 632 | | 14 taxable years. |
---|
633 | 633 | | 15 Nothing in this subsection shall preclude or impair the |
---|
634 | 634 | | 16 authority of a chief county assessment officer to conduct |
---|
635 | 635 | | 17 audits of any taxpayer claiming an exemption under this |
---|
636 | 636 | | 18 Section to verify that the taxpayer is eligible to receive the |
---|
637 | 637 | | 19 exemption as provided elsewhere in this Section. |
---|
638 | 638 | | 20 (c-10) Notwithstanding any other provision of law, each |
---|
639 | 639 | | 21 chief county assessment officer may approve this exemption for |
---|
640 | 640 | | 22 the 2021 taxable year, without application, for any property |
---|
641 | 641 | | 23 that was approved for this exemption for the 2020 taxable |
---|
642 | 642 | | 24 year, if: |
---|
643 | 643 | | 25 (1) the county board has declared a local disaster as |
---|
644 | 644 | | 26 provided in the Illinois Emergency Management Agency Act |
---|
645 | 645 | | |
---|
646 | 646 | | |
---|
647 | 647 | | |
---|
648 | 648 | | |
---|
649 | 649 | | |
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650 | 650 | | SB1977 - 17 - LRB104 10823 HLH 20904 b |
---|
651 | 651 | | |
---|
652 | 652 | | |
---|
653 | 653 | | SB1977- 18 -LRB104 10823 HLH 20904 b SB1977 - 18 - LRB104 10823 HLH 20904 b |
---|
654 | 654 | | SB1977 - 18 - LRB104 10823 HLH 20904 b |
---|
655 | 655 | | 1 related to the COVID-19 public health emergency; |
---|
656 | 656 | | 2 (2) the owner of record of the property as of January |
---|
657 | 657 | | 3 1, 2021 is the same as the owner of record of the property |
---|
658 | 658 | | 4 as of January 1, 2020; |
---|
659 | 659 | | 5 (3) the exemption for the 2020 taxable year has not |
---|
660 | 660 | | 6 been determined to be an erroneous exemption as defined by |
---|
661 | 661 | | 7 this Code; and |
---|
662 | 662 | | 8 (4) the taxpayer for the 2020 taxable year has not |
---|
663 | 663 | | 9 asked for the exemption to be removed for the 2020 or 2021 |
---|
664 | 664 | | 10 taxable years. |
---|
665 | 665 | | 11 Nothing in this subsection shall preclude or impair the |
---|
666 | 666 | | 12 authority of a chief county assessment officer to conduct |
---|
667 | 667 | | 13 audits of any taxpayer claiming an exemption under this |
---|
668 | 668 | | 14 Section to verify that the taxpayer is eligible to receive the |
---|
669 | 669 | | 15 exemption as provided elsewhere in this Section. |
---|
670 | 670 | | 16 (d) Each Chief County Assessment Officer shall annually |
---|
671 | 671 | | 17 publish a notice of availability of the exemption provided |
---|
672 | 672 | | 18 under this Section. The notice shall be published at least 60 |
---|
673 | 673 | | 19 days but no more than 75 days prior to the date on which the |
---|
674 | 674 | | 20 application must be submitted to the Chief County Assessment |
---|
675 | 675 | | 21 Officer of the county in which the property is located. The |
---|
676 | 676 | | 22 notice shall appear in a newspaper of general circulation in |
---|
677 | 677 | | 23 the county. |
---|
678 | 678 | | 24 Notwithstanding Sections 6 and 8 of the State Mandates |
---|
679 | 679 | | 25 Act, no reimbursement by the State is required for the |
---|
680 | 680 | | 26 implementation of any mandate created by this Section. |
---|
681 | 681 | | |
---|
682 | 682 | | |
---|
683 | 683 | | |
---|
684 | 684 | | |
---|
685 | 685 | | |
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686 | 686 | | SB1977 - 18 - LRB104 10823 HLH 20904 b |
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687 | 687 | | |
---|
688 | 688 | | |
---|
689 | 689 | | SB1977- 19 -LRB104 10823 HLH 20904 b SB1977 - 19 - LRB104 10823 HLH 20904 b |
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690 | 690 | | SB1977 - 19 - LRB104 10823 HLH 20904 b |
---|
691 | 691 | | 1 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; |
---|
692 | 692 | | 2 102-895, eff. 5-23-22.) |
---|
693 | 693 | | 3 (35 ILCS 200/21-385) |
---|
694 | 694 | | 4 Sec. 21-385. Extension of period of redemption. |
---|
695 | 695 | | 5 (a) For any tax certificates held by a county pursuant to |
---|
696 | 696 | | 6 Section 21-90, the redemption period for each tax certificate |
---|
697 | 697 | | 7 shall be extended by operation of law until the date |
---|
698 | 698 | | 8 established by the county as the redemption deadline in a |
---|
699 | 699 | | 9 petition for tax deed filed under Section 22-30. The |
---|
700 | 700 | | 10 redemption deadline established in the petition shall be |
---|
701 | 701 | | 11 identified in the notices provided under Sections 22-10 |
---|
702 | 702 | | 12 through 22-25 of this Code. After a redemption deadline is |
---|
703 | 703 | | 13 established in the petition for tax deed, the county may |
---|
704 | 704 | | 14 further extend the redemption deadline by filing with the |
---|
705 | 705 | | 15 county clerk of the county in which the property is located a |
---|
706 | 706 | | 16 written notice to that effect describing the property, |
---|
707 | 707 | | 17 identifying the certificate number, and specifying the |
---|
708 | 708 | | 18 extended period of redemption. Notwithstanding any expiration |
---|
709 | 709 | | 19 of a prior redemption period, all tax certificates forfeited |
---|
710 | 710 | | 20 to the county and held pursuant to Section 21-90 shall remain |
---|
711 | 711 | | 21 enforceable by the county or its assignee, and redemption |
---|
712 | 712 | | 22 shall be extended by operation of law until the date |
---|
713 | 713 | | 23 established by the county as the redemption deadline in a |
---|
714 | 714 | | 24 petition for tax deed filed under Section 22-30. |
---|
715 | 715 | | 25 (b) Within 60 days of the date of assignment, assignees of |
---|
716 | 716 | | |
---|
717 | 717 | | |
---|
718 | 718 | | |
---|
719 | 719 | | |
---|
720 | 720 | | |
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721 | 721 | | SB1977 - 19 - LRB104 10823 HLH 20904 b |
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722 | 722 | | |
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723 | 723 | | |
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724 | 724 | | SB1977- 20 -LRB104 10823 HLH 20904 b SB1977 - 20 - LRB104 10823 HLH 20904 b |
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725 | 725 | | SB1977 - 20 - LRB104 10823 HLH 20904 b |
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726 | 726 | | 1 forfeited certificates under Section 21-90 or Section 21-145 |
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727 | 727 | | 2 of this Code must file with the county clerk of the county in |
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728 | 728 | | 3 which the property is located a written notice describing the |
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729 | 729 | | 4 property, stating the date of the assignment, identifying the |
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730 | 730 | | 5 certificate number and specifying a deadline for redemption |
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731 | 731 | | 6 that is not later than 3 years from the date of assignment. |
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732 | 732 | | 7 Upon receiving the notice, the county clerk shall stamp the |
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733 | 733 | | 8 date of receipt upon the notice. If the notice is submitted as |
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734 | 734 | | 9 an electronic record, the county clerk shall acknowledge |
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735 | 735 | | 10 receipt of the record and shall provide confirmation in the |
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736 | 736 | | 11 same manner to the certificate holder. The confirmation from |
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737 | 737 | | 12 the county clerk shall include the date of receipt and shall |
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738 | 738 | | 13 serve as proof that the notice was filed with the county clerk. |
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739 | 739 | | 14 In no event shall a county clerk permit an assignee of |
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740 | 740 | | 15 forfeited certificates under Section 21-90 or Section 21-145 |
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741 | 741 | | 16 of this Code to extend the period of redemption beyond 3 years |
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742 | 742 | | 17 from the date of assignment. If the redemption period expires |
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743 | 743 | | 18 and no petition for tax deed has been filed under Section |
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744 | 744 | | 19 22-30, the assigned tax certificate shall be forfeited to and |
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745 | 745 | | 20 held by the county pursuant to Section 21-90. |
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746 | 746 | | 21 (c) Except for the county as trustee pursuant to Section |
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747 | 747 | | 22 21-90, the purchaser or his or her assignee of property sold |
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748 | 748 | | 23 for nonpayment of general taxes or special assessments may |
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749 | 749 | | 24 extend the period of redemption at any time before the |
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750 | 750 | | 25 expiration of the original period of redemption, or thereafter |
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751 | 751 | | 26 prior to the expiration of any extended period of redemption, |
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752 | 752 | | |
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753 | 753 | | |
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754 | 754 | | |
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755 | 755 | | |
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756 | 756 | | |
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757 | 757 | | SB1977 - 20 - LRB104 10823 HLH 20904 b |
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758 | 758 | | |
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759 | 759 | | |
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760 | 760 | | SB1977- 21 -LRB104 10823 HLH 20904 b SB1977 - 21 - LRB104 10823 HLH 20904 b |
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761 | 761 | | SB1977 - 21 - LRB104 10823 HLH 20904 b |
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762 | 762 | | 1 but only for a period that will expire not later than 3 years |
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763 | 763 | | 2 from the date of sale, by filing with the county clerk of the |
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764 | 764 | | 3 county in which the property is located a written notice to |
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765 | 765 | | 4 that effect describing the property, stating the date of the |
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766 | 766 | | 5 sale and specifying the extended period of redemption. Upon |
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767 | 767 | | 6 receiving the notice, the county clerk shall stamp the date of |
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768 | 768 | | 7 receipt upon the notice. If the notice is submitted as an |
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769 | 769 | | 8 electronic record, the county clerk shall acknowledge receipt |
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770 | 770 | | 9 of the record and shall provide confirmation in the same |
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771 | 771 | | 10 manner to the certificate holder. The confirmation from the |
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772 | 772 | | 11 county clerk shall include the date of receipt and shall serve |
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773 | 773 | | 12 as proof that the notice was filed with the county clerk. The |
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774 | 774 | | 13 county clerk shall not be required to extend the period of |
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775 | 775 | | 14 redemption unless the purchaser or his or her assignee obtains |
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776 | 776 | | 15 this acknowledgement of delivery. If prior to the expiration |
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777 | 777 | | 16 of the period of redemption or extended period of redemption a |
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778 | 778 | | 17 petition for tax deed has been filed under Section 22-30, upon |
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779 | 779 | | 18 application of the petitioner, the court shall allow the |
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780 | 780 | | 19 purchaser or his or her assignee to extend the period of |
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781 | 781 | | 20 redemption after expiration of the original period or any |
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782 | 782 | | 21 extended period of redemption, provided that any extension |
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783 | 783 | | 22 allowed will expire not later than 3 years from the date of |
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784 | 784 | | 23 sale. If the period of redemption is extended, the purchaser |
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785 | 785 | | 24 or his or her assignee must give the notices provided for in |
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786 | 786 | | 25 Section 22-10 at the specified times prior to the expiration |
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787 | 787 | | 26 of the extended period of redemption by causing a sheriff (or |
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788 | 788 | | |
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789 | 789 | | |
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790 | 790 | | |
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791 | 791 | | |
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792 | 792 | | |
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793 | 793 | | SB1977 - 21 - LRB104 10823 HLH 20904 b |
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794 | 794 | | |
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795 | 795 | | |
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796 | 796 | | SB1977- 22 -LRB104 10823 HLH 20904 b SB1977 - 22 - LRB104 10823 HLH 20904 b |
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797 | 797 | | SB1977 - 22 - LRB104 10823 HLH 20904 b |
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798 | 798 | | 1 if he or she is disqualified, a coroner) of the county in which |
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799 | 799 | | 2 the property, or any part thereof, is located to serve the |
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800 | 800 | | 3 notices as provided in Sections 22-15 and 22-20. The notices |
---|
801 | 801 | | 4 may also be served as provided in Sections 22-15 and 22-20 by a |
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802 | 802 | | 5 special process server appointed by the court under Section |
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803 | 803 | | 6 22-15 and as provided in Sections 22-15 and 22-20. |
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804 | 804 | | 7 The changes made to this Section by this amendatory Act of |
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805 | 805 | | 8 the 103rd General Assembly apply to matters concerning tax |
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806 | 806 | | 9 certificates issued on or after January 1, 2024. |
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807 | 807 | | 10 (d) For any tax certificates held by a county, the county |
---|
808 | 808 | | 11 clerk may create and administer a payment plan during the |
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809 | 809 | | 12 redemption period. Under the payment plan, the county clerk |
---|
810 | 810 | | 13 may waive interest penalties when payments are made in |
---|
811 | 811 | | 14 accordance with the parameters set forth in the payment plan. |
---|
812 | 812 | | 15 (Source: P.A. 103-555, eff. 1-1-24.) |
---|
813 | 813 | | 16 Section 10. The Senior Citizens Real Estate Tax Deferral |
---|
814 | 814 | | 17 Act is amended by changing Sections 2 and 3 as follows: |
---|
815 | 815 | | 18 (320 ILCS 30/2) (from Ch. 67 1/2, par. 452) |
---|
816 | 816 | | 19 Sec. 2. Definitions. As used in this Act: |
---|
817 | 817 | | 20 (a) "Qualified Taxpayer" means an individual (i) who will |
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818 | 818 | | 21 be 65 years of age or older by June 1 of the year for which a |
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819 | 819 | | 22 tax deferral is claimed; (ii) who certifies that they have |
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820 | 820 | | 23 owned and occupied as their residence such property or other |
---|
821 | 821 | | 24 qualifying property in the State for at least the last 3 years, |
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822 | 822 | | |
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823 | 823 | | |
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824 | 824 | | |
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825 | 825 | | |
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826 | 826 | | |
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827 | 827 | | SB1977 - 22 - LRB104 10823 HLH 20904 b |
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828 | 828 | | |
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829 | 829 | | |
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830 | 830 | | SB1977- 23 -LRB104 10823 HLH 20904 b SB1977 - 23 - LRB104 10823 HLH 20904 b |
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831 | 831 | | SB1977 - 23 - LRB104 10823 HLH 20904 b |
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832 | 832 | | 1 except for any periods during which the taxpayer may have |
---|
833 | 833 | | 2 temporarily resided in a nursing or sheltered care home; and |
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834 | 834 | | 3 (iii) whose household income for the year is no greater than |
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835 | 835 | | 4 the maximum household income. : (i) $40,000 through tax year |
---|
836 | 836 | | 5 2005; (ii) $50,000 for tax years 2006 through 2011; (iii) |
---|
837 | 837 | | 6 $55,000 for tax years 2012 through 2021; (iv) $65,000 for tax |
---|
838 | 838 | | 7 years 2022 through 2025; and (v) $55,000 for tax year 2026 and |
---|
839 | 839 | | 8 thereafter. |
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840 | 840 | | 9 (b) "Tax deferred property" means the property upon which |
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841 | 841 | | 10 real estate taxes are deferred under this Act. |
---|
842 | 842 | | 11 (c) "Homestead" means the land and buildings thereon, |
---|
843 | 843 | | 12 including a condominium or a dwelling unit in a multidwelling |
---|
844 | 844 | | 13 building that is owned and operated as a cooperative, occupied |
---|
845 | 845 | | 14 by the taxpayer as his residence or which are temporarily |
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846 | 846 | | 15 unoccupied by the taxpayer because such taxpayer is |
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847 | 847 | | 16 temporarily residing, for not more than 1 year, in a licensed |
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848 | 848 | | 17 facility as defined in Section 1-113 of the Nursing Home Care |
---|
849 | 849 | | 18 Act. |
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850 | 850 | | 19 (d) "Real estate taxes" or "taxes" means the taxes on real |
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851 | 851 | | 20 property for which the taxpayer would be liable under the |
---|
852 | 852 | | 21 Property Tax Code, including special service area taxes, and |
---|
853 | 853 | | 22 special assessments on benefited real property for which the |
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854 | 854 | | 23 taxpayer would be liable to a unit of local government. |
---|
855 | 855 | | 24 (e) "Department" means the Department of Revenue. |
---|
856 | 856 | | 25 (f) "Qualifying property" means a homestead which (a) the |
---|
857 | 857 | | 26 taxpayer or the taxpayer and his spouse own in fee simple or |
---|
858 | 858 | | |
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859 | 859 | | |
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860 | 860 | | |
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861 | 861 | | |
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862 | 862 | | |
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863 | 863 | | SB1977 - 23 - LRB104 10823 HLH 20904 b |
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864 | 864 | | |
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865 | 865 | | |
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866 | 866 | | SB1977- 24 -LRB104 10823 HLH 20904 b SB1977 - 24 - LRB104 10823 HLH 20904 b |
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867 | 867 | | SB1977 - 24 - LRB104 10823 HLH 20904 b |
---|
868 | 868 | | 1 are purchasing in fee simple under a recorded instrument of |
---|
869 | 869 | | 2 sale, (b) is not income-producing property, (c) is not subject |
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870 | 870 | | 3 to a lien for unpaid real estate taxes when a claim under this |
---|
871 | 871 | | 4 Act is filed, and (d) is not held in trust, other than an |
---|
872 | 872 | | 5 Illinois land trust with the taxpayer identified as the sole |
---|
873 | 873 | | 6 beneficiary, if the taxpayer is filing for the program for the |
---|
874 | 874 | | 7 first time effective as of the January 1, 2011 assessment year |
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875 | 875 | | 8 or tax year 2012 and thereafter. |
---|
876 | 876 | | 9 (g) "Equity interest" means the current assessed valuation |
---|
877 | 877 | | 10 of the qualified property times the fraction necessary to |
---|
878 | 878 | | 11 convert that figure to full market value minus any outstanding |
---|
879 | 879 | | 12 debts or liens on that property. In the case of qualifying |
---|
880 | 880 | | 13 property not having a separate assessed valuation, the |
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881 | 881 | | 14 appraised value as determined by a qualified real estate |
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882 | 882 | | 15 appraiser shall be used instead of the current assessed |
---|
883 | 883 | | 16 valuation. |
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884 | 884 | | 17 (h) "Household income" has the meaning ascribed to that |
---|
885 | 885 | | 18 term in the Senior Citizens and Persons with Disabilities |
---|
886 | 886 | | 19 Property Tax Relief Act. |
---|
887 | 887 | | 20 (i) "Collector" means the county collector or, if the |
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888 | 888 | | 21 taxes to be deferred are special assessments, an official |
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889 | 889 | | 22 designated by a unit of local government to collect special |
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890 | 890 | | 23 assessments. |
---|
891 | 891 | | 24 (j) "Maximum household income" means: |
---|
892 | 892 | | 25 (1) $40,000 through tax year 2005; |
---|
893 | 893 | | 26 (2) $50,000 for tax years 2006 through 2011; |
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894 | 894 | | |
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895 | 895 | | |
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896 | 896 | | |
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897 | 897 | | |
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898 | 898 | | |
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899 | 899 | | SB1977 - 24 - LRB104 10823 HLH 20904 b |
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900 | 900 | | |
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901 | 901 | | |
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902 | 902 | | SB1977- 25 -LRB104 10823 HLH 20904 b SB1977 - 25 - LRB104 10823 HLH 20904 b |
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903 | 903 | | SB1977 - 25 - LRB104 10823 HLH 20904 b |
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904 | 904 | | 1 (3) $55,000 for tax years 2012 through 2021; |
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905 | 905 | | 2 (4) $65,000 for tax years 2022 through 2024; |
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906 | 906 | | 3 (5) $95,000 for tax year 2025; and |
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907 | 907 | | 4 (6) for tax year 2026 and thereafter, the maximum |
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908 | 908 | | 5 household income for the immediately preceding taxable |
---|
909 | 909 | | 6 year, multiplied by one plus the lesser of (i) the |
---|
910 | 910 | | 7 percentage increase, if any, in the Consumer Price Index |
---|
911 | 911 | | 8 for All Urban Consumers for the 12 months ending in March |
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912 | 912 | | 9 of the immediately preceding calendar year or (ii) 3%; the |
---|
913 | 913 | | 10 maximum income limitation under this item (6) shall be |
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914 | 914 | | 11 rounded to the nearest dollar. |
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915 | 915 | | 12 By June 1, 2026, and by June 1 of each year thereafter, the |
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916 | 916 | | 13 Department of Revenue shall determine the maximum household |
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917 | 917 | | 14 income for the applicable taxable year and shall post that |
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918 | 918 | | 15 amount on its website. |
---|
919 | 919 | | 16 (k) "Consumer Price Index" means the index published by |
---|
920 | 920 | | 17 the Bureau of Labor Statistics of the United States Department |
---|
921 | 921 | | 18 of Labor that measures the average change in prices of goods |
---|
922 | 922 | | 19 and services purchased by all urban consumers, United States |
---|
923 | 923 | | 20 city average, all items, 1982-84 = 100. |
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924 | 924 | | 21 (Source: P.A. 102-644, eff. 8-27-21.) |
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925 | 925 | | 22 (320 ILCS 30/3) (from Ch. 67 1/2, par. 453) |
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926 | 926 | | 23 Sec. 3. A taxpayer may, on or before March 1 of each year, |
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927 | 927 | | 24 apply to the county collector of the county where his |
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928 | 928 | | 25 qualifying property is located, or to the official designated |
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929 | 929 | | |
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930 | 930 | | |
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931 | 931 | | |
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932 | 932 | | |
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933 | 933 | | |
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934 | 934 | | SB1977 - 25 - LRB104 10823 HLH 20904 b |
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935 | 935 | | |
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936 | 936 | | |
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937 | 937 | | SB1977- 26 -LRB104 10823 HLH 20904 b SB1977 - 26 - LRB104 10823 HLH 20904 b |
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938 | 938 | | SB1977 - 26 - LRB104 10823 HLH 20904 b |
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939 | 939 | | 1 by a unit of local government to collect special assessments |
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940 | 940 | | 2 on the qualifying property, as the case may be, for a deferral |
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941 | 941 | | 3 of all or a part of real estate taxes payable during that year |
---|
942 | 942 | | 4 for the preceding year in the case of real estate taxes other |
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943 | 943 | | 5 than special assessments, or for a deferral of any |
---|
944 | 944 | | 6 installments payable during that year in the case of special |
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945 | 945 | | 7 assessments, on all or part of his qualifying property. The |
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946 | 946 | | 8 application shall be on a form prescribed by the Department |
---|
947 | 947 | | 9 and furnished by the collector, (a) showing that the applicant |
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948 | 948 | | 10 will be 65 years of age or older by June 1 of the year for |
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949 | 949 | | 11 which a tax deferral is claimed, (b) describing the property |
---|
950 | 950 | | 12 and verifying that the property is qualifying property as |
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951 | 951 | | 13 defined in Section 2, (c) certifying that the taxpayer has |
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952 | 952 | | 14 owned and occupied as his residence such property or other |
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953 | 953 | | 15 qualifying property in the State for at least the last 3 years |
---|
954 | 954 | | 16 except for any periods during which the taxpayer may have |
---|
955 | 955 | | 17 temporarily resided in a nursing or sheltered care home, and |
---|
956 | 956 | | 18 (d) specifying whether the deferral is for all or a part of the |
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957 | 957 | | 19 taxes, and, if for a part, the amount of deferral applied for. |
---|
958 | 958 | | 20 As to qualifying property not having a separate assessed |
---|
959 | 959 | | 21 valuation, the taxpayer shall also file with the county |
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960 | 960 | | 22 collector a written appraisal of the property prepared by a |
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961 | 961 | | 23 qualified real estate appraiser together with a certificate |
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962 | 962 | | 24 signed by the appraiser stating that he has personally |
---|
963 | 963 | | 25 examined the property and setting forth the value of the land |
---|
964 | 964 | | 26 and the value of the buildings thereon occupied by the |
---|
965 | 965 | | |
---|
966 | 966 | | |
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967 | 967 | | |
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968 | 968 | | |
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969 | 969 | | |
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970 | 970 | | SB1977 - 26 - LRB104 10823 HLH 20904 b |
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971 | 971 | | |
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972 | 972 | | |
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973 | 973 | | SB1977- 27 -LRB104 10823 HLH 20904 b SB1977 - 27 - LRB104 10823 HLH 20904 b |
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974 | 974 | | SB1977 - 27 - LRB104 10823 HLH 20904 b |
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975 | 975 | | 1 taxpayer as his residence. The county collector may use |
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976 | 976 | | 2 eligibility for the Low-Income Senior Citizens Assessment |
---|
977 | 977 | | 3 Freeze Homestead Exemption under Section 15-172 of the |
---|
978 | 978 | | 4 Property Tax Code as qualification for items (a) and (c). |
---|
979 | 979 | | 5 The collector shall grant the tax deferral provided such |
---|
980 | 980 | | 6 deferral does not exceed funds available in the Senior |
---|
981 | 981 | | 7 Citizens Real Estate Deferred Tax Revolving Fund and provided |
---|
982 | 982 | | 8 that the owner or owners of such real property have entered |
---|
983 | 983 | | 9 into a tax deferral and recovery agreement with the collector |
---|
984 | 984 | | 10 on behalf of the county or other unit of local government, |
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985 | 985 | | 11 which agreement expressly states: |
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986 | 986 | | 12 (1) That the total amount of taxes deferred under this |
---|
987 | 987 | | 13 Act, plus interest, for the year for which a tax deferral is |
---|
988 | 988 | | 14 claimed as well as for those previous years for which taxes are |
---|
989 | 989 | | 15 not delinquent and for which such deferral has been claimed |
---|
990 | 990 | | 16 may not exceed 80% of the taxpayer's equity interest in the |
---|
991 | 991 | | 17 property for which taxes are to be deferred and that, if the |
---|
992 | 992 | | 18 total deferred taxes plus interest equals 80% of the |
---|
993 | 993 | | 19 taxpayer's equity interest in the property, the taxpayer shall |
---|
994 | 994 | | 20 thereafter pay the annual interest due on such deferred taxes |
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995 | 995 | | 21 plus interest so that total deferred taxes plus interest will |
---|
996 | 996 | | 22 not exceed such 80% of the taxpayer's equity interest in the |
---|
997 | 997 | | 23 property. Effective as of the January 1, 2011 assessment year |
---|
998 | 998 | | 24 or tax year 2012 and through the 2021 tax year, and beginning |
---|
999 | 999 | | 25 again with the 2026 tax year, the total amount of any such |
---|
1000 | 1000 | | 26 deferral shall not exceed $5,000 per taxpayer in each tax |
---|
1001 | 1001 | | |
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1002 | 1002 | | |
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1003 | 1003 | | |
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1004 | 1004 | | |
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1005 | 1005 | | |
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1006 | 1006 | | SB1977 - 27 - LRB104 10823 HLH 20904 b |
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1007 | 1007 | | |
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1008 | 1008 | | |
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1009 | 1009 | | SB1977- 28 -LRB104 10823 HLH 20904 b SB1977 - 28 - LRB104 10823 HLH 20904 b |
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1010 | 1010 | | SB1977 - 28 - LRB104 10823 HLH 20904 b |
---|
1011 | 1011 | | 1 year. For the 2022 tax year and every tax year after through |
---|
1012 | 1012 | | 2 the 2025 tax year, the total amount of any such deferral shall |
---|
1013 | 1013 | | 3 not exceed $7,500 per taxpayer in each tax year. |
---|
1014 | 1014 | | 4 (2) That any real estate taxes deferred under this Act and |
---|
1015 | 1015 | | 5 any interest accrued thereon are a lien on the real estate and |
---|
1016 | 1016 | | 6 improvements thereon until paid. If the taxes deferred are for |
---|
1017 | 1017 | | 7 a tax year prior to 2023, then interest shall accrue at the |
---|
1018 | 1018 | | 8 rate of 6% per year. If the taxes deferred are for the 2023 tax |
---|
1019 | 1019 | | 9 year or any tax year thereafter, then interest shall accrue at |
---|
1020 | 1020 | | 10 the rate of 3% per year. No sale or transfer of such real |
---|
1021 | 1021 | | 11 property may be legally closed and recorded until the taxes |
---|
1022 | 1022 | | 12 which would otherwise have been due on the property, plus |
---|
1023 | 1023 | | 13 accrued interest, have been paid unless the collector |
---|
1024 | 1024 | | 14 certifies in writing that an arrangement for prompt payment of |
---|
1025 | 1025 | | 15 the amount due has been made with his office. The same shall |
---|
1026 | 1026 | | 16 apply if the property is to be made the subject of a contract |
---|
1027 | 1027 | | 17 of sale. |
---|
1028 | 1028 | | 18 (3) That upon the death of the taxpayer claiming the |
---|
1029 | 1029 | | 19 deferral the heirs-at-law, assignees or legatees shall have |
---|
1030 | 1030 | | 20 first priority to the real property upon which taxes have been |
---|
1031 | 1031 | | 21 deferred by paying in full the total taxes which would |
---|
1032 | 1032 | | 22 otherwise have been due, plus interest. However, if such |
---|
1033 | 1033 | | 23 heir-at-law, assignee, or legatee is a surviving spouse, the |
---|
1034 | 1034 | | 24 tax deferred status of the property shall be continued during |
---|
1035 | 1035 | | 25 the life of that surviving spouse if the spouse is 55 years of |
---|
1036 | 1036 | | 26 age or older within 6 months of the date of death of the |
---|
1037 | 1037 | | |
---|
1038 | 1038 | | |
---|
1039 | 1039 | | |
---|
1040 | 1040 | | |
---|
1041 | 1041 | | |
---|
1042 | 1042 | | SB1977 - 28 - LRB104 10823 HLH 20904 b |
---|
1043 | 1043 | | |
---|
1044 | 1044 | | |
---|
1045 | 1045 | | SB1977- 29 -LRB104 10823 HLH 20904 b SB1977 - 29 - LRB104 10823 HLH 20904 b |
---|
1046 | 1046 | | SB1977 - 29 - LRB104 10823 HLH 20904 b |
---|
1047 | 1047 | | 1 taxpayer and enters into a tax deferral and recovery agreement |
---|
1048 | 1048 | | 2 before the time when deferred taxes become due under this |
---|
1049 | 1049 | | 3 Section. Any additional taxes deferred, plus interest, on the |
---|
1050 | 1050 | | 4 real property under a tax deferral and recovery agreement |
---|
1051 | 1051 | | 5 signed by a surviving spouse shall be added to the taxes and |
---|
1052 | 1052 | | 6 interest which would otherwise have been due, and the payment |
---|
1053 | 1053 | | 7 of which has been postponed during the life of such surviving |
---|
1054 | 1054 | | 8 spouse, in determining the 80% equity requirement provided by |
---|
1055 | 1055 | | 9 this Section. |
---|
1056 | 1056 | | 10 (4) That if the taxes due, plus interest, are not paid by |
---|
1057 | 1057 | | 11 the heir-at-law, assignee or legatee or if payment is not |
---|
1058 | 1058 | | 12 postponed during the life of a surviving spouse, the deferred |
---|
1059 | 1059 | | 13 taxes and interest shall be recovered from the estate of the |
---|
1060 | 1060 | | 14 taxpayer within one year of the date of his death. In addition, |
---|
1061 | 1061 | | 15 deferred real estate taxes and any interest accrued thereon |
---|
1062 | 1062 | | 16 are due within 90 days after any tax deferred property ceases |
---|
1063 | 1063 | | 17 to be qualifying property as defined in Section 2. |
---|
1064 | 1064 | | 18 If payment is not made when required by this Section, |
---|
1065 | 1065 | | 19 foreclosure proceedings may be instituted under the Property |
---|
1066 | 1066 | | 20 Tax Code. |
---|
1067 | 1067 | | 21 (5) That any joint owner has given written prior approval |
---|
1068 | 1068 | | 22 for such agreement, which written approval shall be made a |
---|
1069 | 1069 | | 23 part of such agreement. |
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1070 | 1070 | | 24 (6) That a guardian for a person under legal disability |
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1071 | 1071 | | 25 appointed for a taxpayer who otherwise qualifies under this |
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1072 | 1072 | | 26 Act may act for the taxpayer in complying with this Act. |
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1073 | 1073 | | |
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1074 | 1074 | | |
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1075 | 1075 | | |
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1076 | 1076 | | |
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1077 | 1077 | | |
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1078 | 1078 | | SB1977 - 29 - LRB104 10823 HLH 20904 b |
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1079 | 1079 | | |
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1080 | 1080 | | |
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1081 | 1081 | | SB1977- 30 -LRB104 10823 HLH 20904 b SB1977 - 30 - LRB104 10823 HLH 20904 b |
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1082 | 1082 | | SB1977 - 30 - LRB104 10823 HLH 20904 b |
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1083 | 1083 | | 1 (7) That a taxpayer or his agent has provided to the |
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1084 | 1084 | | 2 satisfaction of the collector, sufficient evidence that the |
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1085 | 1085 | | 3 qualifying property on which the taxes are to be deferred is |
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1086 | 1086 | | 4 insured against fire or casualty loss for at least the total |
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1087 | 1087 | | 5 amount of taxes which have been deferred. |
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1088 | 1088 | | 6 If the taxes to be deferred are special assessments, the |
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1089 | 1089 | | 7 unit of local government making the assessments shall forward |
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1090 | 1090 | | 8 a copy of the agreement entered into pursuant to this Section |
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1091 | 1091 | | 9 and the bills for such assessments to the county collector of |
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1092 | 1092 | | 10 the county in which the qualifying property is located. |
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1093 | 1093 | | 11 (Source: P.A. 102-644, eff. 8-27-21; 102-895, eff. 5-23-22.) |
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1094 | 1094 | | |
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1095 | 1095 | | |
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1096 | 1096 | | |
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1097 | 1097 | | |
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1098 | 1098 | | |
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1099 | 1099 | | SB1977 - 30 - LRB104 10823 HLH 20904 b |
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