Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1977 Compare Versions

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11 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
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1977 Introduced 2/6/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
33 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
44 35 ILCS 200/15-163 new
55 35 ILCS 200/15-172
66 35 ILCS 200/21-385
77 320 ILCS 30/2 from Ch. 67 1/2, par. 452
88 320 ILCS 30/3 from Ch. 67 1/2, par. 453
99 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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1212 A BILL FOR
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1515 1 AN ACT concerning revenue.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Property Tax Code is amended by changing
1919 5 Sections 15-172 and 21-385 and by adding Section 15-163 as
2020 6 follows:
2121 7 (35 ILCS 200/15-163 new)
2222 8 Sec. 15-163. Homestead exemption impact statement.
2323 9 (a) On and after July 1, 2026, any bill to amend an
2424 10 existing homestead exemption or to create a new homestead
2525 11 exemption shall include the submission of an impact statement
2626 12 prepared by the sponsor of the bill, to accompany the bill,
2727 13 that identifies the following:
2828 14 (1) the policy purpose, goal, and demographics of who
2929 15 may be impacted by proposal;
3030 16 (2) the effect of the homestead exemption on taxing
3131 17 districts, including a description of how the homestead
3232 18 exemption could have varying effects across communities,
3333 19 counties, and townships; and
3434 20 (3) optional funding sources that could be considered
3535 21 by taxing districts to replace any identified additional
3636 22 burdens placed on taxpayers through the adoption of
3737 23 additional exemptions.
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4141 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1977 Introduced 2/6/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
4242 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
4343 35 ILCS 200/15-163 new
4444 35 ILCS 200/15-172
4545 35 ILCS 200/21-385
4646 320 ILCS 30/2 from Ch. 67 1/2, par. 452
4747 320 ILCS 30/3 from Ch. 67 1/2, par. 453
4848 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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5858 35 ILCS 200/15-172
5959 35 ILCS 200/21-385
6060 320 ILCS 30/2 from Ch. 67 1/2, par. 452
6161 320 ILCS 30/3 from Ch. 67 1/2, par. 453
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8080 1 (b) The impact statement must be provided before the first
8181 2 legislative vote on a bill to create new or amend homestead
8282 3 exemptions.
8383 4 (c) As used in this Section:
8484 5 "Homestead" means the land and buildings thereon,
8585 6 including a condominium or a dwelling unit in a multi-dwelling
8686 7 building that is owned and operated as a cooperative, occupied
8787 8 by the taxpayer as the taxpayer's principal residence, or
8888 9 which is temporarily unoccupied by the taxpayer because the
8989 10 taxpayer is temporarily residing, for not more than one year,
9090 11 in a licensed facility as defined in Section 1-113 of the
9191 12 Nursing Home Care Act.
9292 13 "Homestead exemption" means a property tax exemption that
9393 14 decreases all or a portion of the equalized assessed value of
9494 15 homestead property for a designated group of taxpayers. The
9595 16 term "homestead exemption" is limited to an exemption that is
9696 17 granted for the purpose of residential property tax relief and
9797 18 that has one or more of the following goals: (i) lowering the
9898 19 tax burden on targeted and identified groups; (ii) promoting
9999 20 progressivity into property tax system; (iii) sheltering
100100 21 groups at risk by lowering tax burden; or (iv) supporting
101101 22 rehabilitation and maintenance of existing housing.
102102 23 (35 ILCS 200/15-172)
103103 24 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
104104 25 Homestead Exemption.
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115115 1 (a) This Section may be cited as the Low-Income Senior
116116 2 Citizens Assessment Freeze Homestead Exemption.
117117 3 (b) As used in this Section:
118118 4 "Applicant" means an individual who has filed an
119119 5 application under this Section.
120120 6 "Base amount" means the base year equalized assessed value
121121 7 of the residence plus the first year's equalized assessed
122122 8 value of any added improvements which increased the assessed
123123 9 value of the residence after the base year.
124124 10 "Base year" means the taxable year prior to the taxable
125125 11 year for which the applicant first qualifies and applies for
126126 12 the exemption provided that in the prior taxable year the
127127 13 property was improved with a permanent structure that was
128128 14 occupied as a residence by the applicant who was liable for
129129 15 paying real property taxes on the property and who was either
130130 16 (i) an owner of record of the property or had legal or
131131 17 equitable interest in the property as evidenced by a written
132132 18 instrument or (ii) had a legal or equitable interest as a
133133 19 lessee in the parcel of property that was single family
134134 20 residence. If in any subsequent taxable year for which the
135135 21 applicant applies and qualifies for the exemption the
136136 22 equalized assessed value of the residence is less than the
137137 23 equalized assessed value in the existing base year (provided
138138 24 that such equalized assessed value is not based on an assessed
139139 25 value that results from a temporary irregularity in the
140140 26 property that reduces the assessed value for one or more
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151151 1 taxable years), then that subsequent taxable year shall become
152152 2 the base year until a new base year is established under the
153153 3 terms of this paragraph. For taxable year 1999 only, the Chief
154154 4 County Assessment Officer shall review (i) all taxable years
155155 5 for which the applicant applied and qualified for the
156156 6 exemption and (ii) the existing base year. The assessment
157157 7 officer shall select as the new base year the year with the
158158 8 lowest equalized assessed value. An equalized assessed value
159159 9 that is based on an assessed value that results from a
160160 10 temporary irregularity in the property that reduces the
161161 11 assessed value for one or more taxable years shall not be
162162 12 considered the lowest equalized assessed value. The selected
163163 13 year shall be the base year for taxable year 1999 and
164164 14 thereafter until a new base year is established under the
165165 15 terms of this paragraph.
166166 16 "Chief County Assessment Officer" means the County
167167 17 Assessor or Supervisor of Assessments of the county in which
168168 18 the property is located.
169169 19 "Consumer Price Index" means the index published by the
170170 20 Bureau of Labor Statistics of the United States Department of
171171 21 Labor that measures the average change in prices of goods and
172172 22 services purchased by all urban consumers, United States city
173173 23 average, all items, 1982-84 = 100.
174174 24 "Equalized assessed value" means the assessed value as
175175 25 equalized by the Illinois Department of Revenue.
176176 26 "Household" means the applicant, the spouse of the
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187187 1 applicant, and all persons using the residence of the
188188 2 applicant as their principal place of residence.
189189 3 "Household income" means the combined income of the
190190 4 members of a household for the calendar year preceding the
191191 5 taxable year.
192192 6 "Income" has the same meaning as provided in Section 3.07
193193 7 of the Senior Citizens and Persons with Disabilities Property
194194 8 Tax Relief Act, except that, beginning in assessment year
195195 9 2001, "income" does not include veteran's benefits.
196196 10 "Internal Revenue Code of 1986" means the United States
197197 11 Internal Revenue Code of 1986 or any successor law or laws
198198 12 relating to federal income taxes in effect for the year
199199 13 preceding the taxable year.
200200 14 "Life care facility that qualifies as a cooperative" means
201201 15 a facility as defined in Section 2 of the Life Care Facilities
202202 16 Act.
203203 17 "Maximum income limitation" means:
204204 18 (1) $35,000 prior to taxable year 1999;
205205 19 (2) $40,000 in taxable years 1999 through 2003;
206206 20 (3) $45,000 in taxable years 2004 through 2005;
207207 21 (4) $50,000 in taxable years 2006 and 2007;
208208 22 (5) $55,000 in taxable years 2008 through 2016;
209209 23 (6) for taxable year 2017, (i) $65,000 for qualified
210210 24 property located in a county with 3,000,000 or more
211211 25 inhabitants and (ii) $55,000 for qualified property
212212 26 located in a county with fewer than 3,000,000 inhabitants;
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223223 1 and
224224 2 (7) for taxable years 2018 through 2024 and
225225 3 thereafter, $65,000 for all qualified property; .
226226 4 (8) for taxable year 2025, $85,000 for all qualified
227227 5 property; and
228228 6 (9) for taxable years 2026 and thereafter, the maximum
229229 7 income limitation for the immediately preceding taxable
230230 8 year, multiplied by one plus the lesser of (i) the
231231 9 percentage increase, if any, in the Consumer Price Index
232232 10 for All Urban Consumers for the 12 months ending in March
233233 11 of the immediately preceding calendar year or (ii) 3%; the
234234 12 maximum income limitation under this item (9) shall be
235235 13 rounded to the nearest dollar.
236236 14 By June 1, 2026, and by June 1 of each year thereafter, the
237237 15 Department of Revenue shall determine the maximum income
238238 16 limitation for the applicable taxable year and shall post that
239239 17 amount on its website.
240240 18 As an alternative income valuation, a homeowner who is
241241 19 enrolled in any of the following programs may be presumed to
242242 20 have household income that does not exceed the maximum income
243243 21 limitation for that tax year as required by this Section: Aid
244244 22 to the Aged, Blind or Disabled (AABD) Program or the
245245 23 Supplemental Nutrition Assistance Program (SNAP), both of
246246 24 which are administered by the Department of Human Services;
247247 25 the Low Income Home Energy Assistance Program (LIHEAP), which
248248 26 is administered by the Department of Commerce and Economic
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259259 1 Opportunity; The Benefit Access program, which is administered
260260 2 by the Department on Aging; and the Senior Citizens Real
261261 3 Estate Tax Deferral Program.
262262 4 A chief county assessment officer may indicate that he or
263263 5 she has verified an applicant's income eligibility for this
264264 6 exemption but may not report which program or programs, if
265265 7 any, enroll the applicant. Release of personal information
266266 8 submitted pursuant to this Section shall be deemed an
267267 9 unwarranted invasion of personal privacy under the Freedom of
268268 10 Information Act.
269269 11 "Residence" means the principal dwelling place and
270270 12 appurtenant structures used for residential purposes in this
271271 13 State occupied on January 1 of the taxable year by a household
272272 14 and so much of the surrounding land, constituting the parcel
273273 15 upon which the dwelling place is situated, as is used for
274274 16 residential purposes. If the Chief County Assessment Officer
275275 17 has established a specific legal description for a portion of
276276 18 property constituting the residence, then that portion of
277277 19 property shall be deemed the residence for the purposes of
278278 20 this Section.
279279 21 "Taxable year" means the calendar year during which ad
280280 22 valorem property taxes payable in the next succeeding year are
281281 23 levied.
282282 24 (c) Beginning in taxable year 1994, a low-income senior
283283 25 citizens assessment freeze homestead exemption is granted for
284284 26 real property that is improved with a permanent structure that
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295295 1 is occupied as a residence by an applicant who (i) is 65 years
296296 2 of age or older during the taxable year, (ii) has a household
297297 3 income that does not exceed the maximum income limitation,
298298 4 (iii) is liable for paying real property taxes on the
299299 5 property, and (iv) is an owner of record of the property or has
300300 6 a legal or equitable interest in the property as evidenced by a
301301 7 written instrument. This homestead exemption shall also apply
302302 8 to a leasehold interest in a parcel of property improved with a
303303 9 permanent structure that is a single family residence that is
304304 10 occupied as a residence by a person who (i) is 65 years of age
305305 11 or older during the taxable year, (ii) has a household income
306306 12 that does not exceed the maximum income limitation, (iii) has
307307 13 a legal or equitable ownership interest in the property as
308308 14 lessee, and (iv) is liable for the payment of real property
309309 15 taxes on that property.
310310 16 In counties of 3,000,000 or more inhabitants, the amount
311311 17 of the exemption for all taxable years is the equalized
312312 18 assessed value of the residence in the taxable year for which
313313 19 application is made minus the base amount. In all other
314314 20 counties, the amount of the exemption is as follows: (i)
315315 21 through taxable year 2005 and for taxable year 2007 and
316316 22 thereafter, the amount of this exemption shall be the
317317 23 equalized assessed value of the residence in the taxable year
318318 24 for which application is made minus the base amount; and (ii)
319319 25 for taxable year 2006, the amount of the exemption is as
320320 26 follows:
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331331 1 (1) For an applicant who has a household income of
332332 2 $45,000 or less, the amount of the exemption is the
333333 3 equalized assessed value of the residence in the taxable
334334 4 year for which application is made minus the base amount.
335335 5 (2) For an applicant who has a household income
336336 6 exceeding $45,000 but not exceeding $46,250, the amount of
337337 7 the exemption is (i) the equalized assessed value of the
338338 8 residence in the taxable year for which application is
339339 9 made minus the base amount (ii) multiplied by 0.8.
340340 10 (3) For an applicant who has a household income
341341 11 exceeding $46,250 but not exceeding $47,500, the amount of
342342 12 the exemption is (i) the equalized assessed value of the
343343 13 residence in the taxable year for which application is
344344 14 made minus the base amount (ii) multiplied by 0.6.
345345 15 (4) For an applicant who has a household income
346346 16 exceeding $47,500 but not exceeding $48,750, the amount of
347347 17 the exemption is (i) the equalized assessed value of the
348348 18 residence in the taxable year for which application is
349349 19 made minus the base amount (ii) multiplied by 0.4.
350350 20 (5) For an applicant who has a household income
351351 21 exceeding $48,750 but not exceeding $50,000, the amount of
352352 22 the exemption is (i) the equalized assessed value of the
353353 23 residence in the taxable year for which application is
354354 24 made minus the base amount (ii) multiplied by 0.2.
355355 25 When the applicant is a surviving spouse of an applicant
356356 26 for a prior year for the same residence for which an exemption
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367367 1 under this Section has been granted, the base year and base
368368 2 amount for that residence are the same as for the applicant for
369369 3 the prior year.
370370 4 Each year at the time the assessment books are certified
371371 5 to the County Clerk, the Board of Review or Board of Appeals
372372 6 shall give to the County Clerk a list of the assessed values of
373373 7 improvements on each parcel qualifying for this exemption that
374374 8 were added after the base year for this parcel and that
375375 9 increased the assessed value of the property.
376376 10 In the case of land improved with an apartment building
377377 11 owned and operated as a cooperative or a building that is a
378378 12 life care facility that qualifies as a cooperative, the
379379 13 maximum reduction from the equalized assessed value of the
380380 14 property is limited to the sum of the reductions calculated
381381 15 for each unit occupied as a residence by a person or persons
382382 16 (i) 65 years of age or older, (ii) with a household income that
383383 17 does not exceed the maximum income limitation, (iii) who is
384384 18 liable, by contract with the owner or owners of record, for
385385 19 paying real property taxes on the property, and (iv) who is an
386386 20 owner of record of a legal or equitable interest in the
387387 21 cooperative apartment building, other than a leasehold
388388 22 interest. In the instance of a cooperative where a homestead
389389 23 exemption has been granted under this Section, the cooperative
390390 24 association or its management firm shall credit the savings
391391 25 resulting from that exemption only to the apportioned tax
392392 26 liability of the owner who qualified for the exemption. Any
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403403 1 person who willfully refuses to credit that savings to an
404404 2 owner who qualifies for the exemption is guilty of a Class B
405405 3 misdemeanor.
406406 4 When a homestead exemption has been granted under this
407407 5 Section and an applicant then becomes a resident of a facility
408408 6 licensed under the Assisted Living and Shared Housing Act, the
409409 7 Nursing Home Care Act, the Specialized Mental Health
410410 8 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
411411 9 the MC/DD Act, the exemption shall be granted in subsequent
412412 10 years so long as the residence (i) continues to be occupied by
413413 11 the qualified applicant's spouse or (ii) if remaining
414414 12 unoccupied, is still owned by the qualified applicant for the
415415 13 homestead exemption.
416416 14 Beginning January 1, 1997, when an individual dies who
417417 15 would have qualified for an exemption under this Section, and
418418 16 the surviving spouse does not independently qualify for this
419419 17 exemption because of age, the exemption under this Section
420420 18 shall be granted to the surviving spouse for the taxable year
421421 19 preceding and the taxable year of the death, provided that,
422422 20 except for age, the surviving spouse meets all other
423423 21 qualifications for the granting of this exemption for those
424424 22 years.
425425 23 When married persons maintain separate residences, the
426426 24 exemption provided for in this Section may be claimed by only
427427 25 one of such persons and for only one residence.
428428 26 For taxable year 1994 only, in counties having less than
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439439 1 3,000,000 inhabitants, to receive the exemption, a person
440440 2 shall submit an application by February 15, 1995 to the Chief
441441 3 County Assessment Officer of the county in which the property
442442 4 is located. In counties having 3,000,000 or more inhabitants,
443443 5 for taxable year 1994 and all subsequent taxable years, to
444444 6 receive the exemption, a person may submit an application to
445445 7 the Chief County Assessment Officer of the county in which the
446446 8 property is located during such period as may be specified by
447447 9 the Chief County Assessment Officer. The Chief County
448448 10 Assessment Officer in counties of 3,000,000 or more
449449 11 inhabitants shall annually give notice of the application
450450 12 period by mail or by publication. In counties having less than
451451 13 3,000,000 inhabitants, beginning with taxable year 1995 and
452452 14 thereafter, to receive the exemption, a person shall submit an
453453 15 application by July 1 of each taxable year to the Chief County
454454 16 Assessment Officer of the county in which the property is
455455 17 located. A county may, by ordinance, establish a date for
456456 18 submission of applications that is different than July 1. The
457457 19 applicant shall submit with the application an affidavit of
458458 20 the applicant's total household income, age, marital status
459459 21 (and if married the name and address of the applicant's
460460 22 spouse, if known), and principal dwelling place of members of
461461 23 the household on January 1 of the taxable year. The Department
462462 24 shall establish, by rule, a method for verifying the accuracy
463463 25 of affidavits filed by applicants under this Section, and the
464464 26 Chief County Assessment Officer may conduct audits of any
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475475 1 taxpayer claiming an exemption under this Section to verify
476476 2 that the taxpayer is eligible to receive the exemption. Each
477477 3 application shall contain or be verified by a written
478478 4 declaration that it is made under the penalties of perjury. A
479479 5 taxpayer's signing a fraudulent application under this Act is
480480 6 perjury, as defined in Section 32-2 of the Criminal Code of
481481 7 2012. The applications shall be clearly marked as applications
482482 8 for the Low-Income Senior Citizens Assessment Freeze Homestead
483483 9 Exemption and must contain a notice that any taxpayer who
484484 10 receives the exemption is subject to an audit by the Chief
485485 11 County Assessment Officer.
486486 12 Notwithstanding any other provision to the contrary, in
487487 13 counties having fewer than 3,000,000 inhabitants, if an
488488 14 applicant fails to file the application required by this
489489 15 Section in a timely manner and this failure to file is due to a
490490 16 mental or physical condition sufficiently severe so as to
491491 17 render the applicant incapable of filing the application in a
492492 18 timely manner, the Chief County Assessment Officer may extend
493493 19 the filing deadline for a period of 30 days after the applicant
494494 20 regains the capability to file the application, but in no case
495495 21 may the filing deadline be extended beyond 3 months of the
496496 22 original filing deadline. In order to receive the extension
497497 23 provided in this paragraph, the applicant shall provide the
498498 24 Chief County Assessment Officer with a signed statement from
499499 25 the applicant's physician, advanced practice registered nurse,
500500 26 or physician assistant stating the nature and extent of the
501501
502502
503503
504504
505505
506506 SB1977 - 13 - LRB104 10823 HLH 20904 b
507507
508508
509509 SB1977- 14 -LRB104 10823 HLH 20904 b SB1977 - 14 - LRB104 10823 HLH 20904 b
510510 SB1977 - 14 - LRB104 10823 HLH 20904 b
511511 1 condition, that, in the physician's, advanced practice
512512 2 registered nurse's, or physician assistant's opinion, the
513513 3 condition was so severe that it rendered the applicant
514514 4 incapable of filing the application in a timely manner, and
515515 5 the date on which the applicant regained the capability to
516516 6 file the application.
517517 7 Beginning January 1, 1998, notwithstanding any other
518518 8 provision to the contrary, in counties having fewer than
519519 9 3,000,000 inhabitants, if an applicant fails to file the
520520 10 application required by this Section in a timely manner and
521521 11 this failure to file is due to a mental or physical condition
522522 12 sufficiently severe so as to render the applicant incapable of
523523 13 filing the application in a timely manner, the Chief County
524524 14 Assessment Officer may extend the filing deadline for a period
525525 15 of 3 months. In order to receive the extension provided in this
526526 16 paragraph, the applicant shall provide the Chief County
527527 17 Assessment Officer with a signed statement from the
528528 18 applicant's physician, advanced practice registered nurse, or
529529 19 physician assistant stating the nature and extent of the
530530 20 condition, and that, in the physician's, advanced practice
531531 21 registered nurse's, or physician assistant's opinion, the
532532 22 condition was so severe that it rendered the applicant
533533 23 incapable of filing the application in a timely manner.
534534 24 In counties having less than 3,000,000 inhabitants, if an
535535 25 applicant was denied an exemption in taxable year 1994 and the
536536 26 denial occurred due to an error on the part of an assessment
537537
538538
539539
540540
541541
542542 SB1977 - 14 - LRB104 10823 HLH 20904 b
543543
544544
545545 SB1977- 15 -LRB104 10823 HLH 20904 b SB1977 - 15 - LRB104 10823 HLH 20904 b
546546 SB1977 - 15 - LRB104 10823 HLH 20904 b
547547 1 official, or his or her agent or employee, then beginning in
548548 2 taxable year 1997 the applicant's base year, for purposes of
549549 3 determining the amount of the exemption, shall be 1993 rather
550550 4 than 1994. In addition, in taxable year 1997, the applicant's
551551 5 exemption shall also include an amount equal to (i) the amount
552552 6 of any exemption denied to the applicant in taxable year 1995
553553 7 as a result of using 1994, rather than 1993, as the base year,
554554 8 (ii) the amount of any exemption denied to the applicant in
555555 9 taxable year 1996 as a result of using 1994, rather than 1993,
556556 10 as the base year, and (iii) the amount of the exemption
557557 11 erroneously denied for taxable year 1994.
558558 12 For purposes of this Section, a person who will be 65 years
559559 13 of age during the current taxable year shall be eligible to
560560 14 apply for the homestead exemption during that taxable year.
561561 15 Application shall be made during the application period in
562562 16 effect for the county of his or her residence.
563563 17 The Chief County Assessment Officer may determine the
564564 18 eligibility of a life care facility that qualifies as a
565565 19 cooperative to receive the benefits provided by this Section
566566 20 by use of an affidavit, application, visual inspection,
567567 21 questionnaire, or other reasonable method in order to insure
568568 22 that the tax savings resulting from the exemption are credited
569569 23 by the management firm to the apportioned tax liability of
570570 24 each qualifying resident. The Chief County Assessment Officer
571571 25 may request reasonable proof that the management firm has so
572572 26 credited that exemption.
573573
574574
575575
576576
577577
578578 SB1977 - 15 - LRB104 10823 HLH 20904 b
579579
580580
581581 SB1977- 16 -LRB104 10823 HLH 20904 b SB1977 - 16 - LRB104 10823 HLH 20904 b
582582 SB1977 - 16 - LRB104 10823 HLH 20904 b
583583 1 Except as provided in this Section, all information
584584 2 received by the chief county assessment officer or the
585585 3 Department from applications filed under this Section, or from
586586 4 any investigation conducted under the provisions of this
587587 5 Section, shall be confidential, except for official purposes
588588 6 or pursuant to official procedures for collection of any State
589589 7 or local tax or enforcement of any civil or criminal penalty or
590590 8 sanction imposed by this Act or by any statute or ordinance
591591 9 imposing a State or local tax. Any person who divulges any such
592592 10 information in any manner, except in accordance with a proper
593593 11 judicial order, is guilty of a Class A misdemeanor.
594594 12 Nothing contained in this Section shall prevent the
595595 13 Director or chief county assessment officer from publishing or
596596 14 making available reasonable statistics concerning the
597597 15 operation of the exemption contained in this Section in which
598598 16 the contents of claims are grouped into aggregates in such a
599599 17 way that information contained in any individual claim shall
600600 18 not be disclosed.
601601 19 Notwithstanding any other provision of law, for taxable
602602 20 year 2017 and thereafter, in counties of 3,000,000 or more
603603 21 inhabitants, the amount of the exemption shall be the greater
604604 22 of (i) the amount of the exemption otherwise calculated under
605605 23 this Section or (ii) $2,000.
606606 24 (c-5) Notwithstanding any other provision of law, each
607607 25 chief county assessment officer may approve this exemption for
608608 26 the 2020 taxable year, without application, for any property
609609
610610
611611
612612
613613
614614 SB1977 - 16 - LRB104 10823 HLH 20904 b
615615
616616
617617 SB1977- 17 -LRB104 10823 HLH 20904 b SB1977 - 17 - LRB104 10823 HLH 20904 b
618618 SB1977 - 17 - LRB104 10823 HLH 20904 b
619619 1 that was approved for this exemption for the 2019 taxable
620620 2 year, provided that:
621621 3 (1) the county board has declared a local disaster as
622622 4 provided in the Illinois Emergency Management Agency Act
623623 5 related to the COVID-19 public health emergency;
624624 6 (2) the owner of record of the property as of January
625625 7 1, 2020 is the same as the owner of record of the property
626626 8 as of January 1, 2019;
627627 9 (3) the exemption for the 2019 taxable year has not
628628 10 been determined to be an erroneous exemption as defined by
629629 11 this Code; and
630630 12 (4) the applicant for the 2019 taxable year has not
631631 13 asked for the exemption to be removed for the 2019 or 2020
632632 14 taxable years.
633633 15 Nothing in this subsection shall preclude or impair the
634634 16 authority of a chief county assessment officer to conduct
635635 17 audits of any taxpayer claiming an exemption under this
636636 18 Section to verify that the taxpayer is eligible to receive the
637637 19 exemption as provided elsewhere in this Section.
638638 20 (c-10) Notwithstanding any other provision of law, each
639639 21 chief county assessment officer may approve this exemption for
640640 22 the 2021 taxable year, without application, for any property
641641 23 that was approved for this exemption for the 2020 taxable
642642 24 year, if:
643643 25 (1) the county board has declared a local disaster as
644644 26 provided in the Illinois Emergency Management Agency Act
645645
646646
647647
648648
649649
650650 SB1977 - 17 - LRB104 10823 HLH 20904 b
651651
652652
653653 SB1977- 18 -LRB104 10823 HLH 20904 b SB1977 - 18 - LRB104 10823 HLH 20904 b
654654 SB1977 - 18 - LRB104 10823 HLH 20904 b
655655 1 related to the COVID-19 public health emergency;
656656 2 (2) the owner of record of the property as of January
657657 3 1, 2021 is the same as the owner of record of the property
658658 4 as of January 1, 2020;
659659 5 (3) the exemption for the 2020 taxable year has not
660660 6 been determined to be an erroneous exemption as defined by
661661 7 this Code; and
662662 8 (4) the taxpayer for the 2020 taxable year has not
663663 9 asked for the exemption to be removed for the 2020 or 2021
664664 10 taxable years.
665665 11 Nothing in this subsection shall preclude or impair the
666666 12 authority of a chief county assessment officer to conduct
667667 13 audits of any taxpayer claiming an exemption under this
668668 14 Section to verify that the taxpayer is eligible to receive the
669669 15 exemption as provided elsewhere in this Section.
670670 16 (d) Each Chief County Assessment Officer shall annually
671671 17 publish a notice of availability of the exemption provided
672672 18 under this Section. The notice shall be published at least 60
673673 19 days but no more than 75 days prior to the date on which the
674674 20 application must be submitted to the Chief County Assessment
675675 21 Officer of the county in which the property is located. The
676676 22 notice shall appear in a newspaper of general circulation in
677677 23 the county.
678678 24 Notwithstanding Sections 6 and 8 of the State Mandates
679679 25 Act, no reimbursement by the State is required for the
680680 26 implementation of any mandate created by this Section.
681681
682682
683683
684684
685685
686686 SB1977 - 18 - LRB104 10823 HLH 20904 b
687687
688688
689689 SB1977- 19 -LRB104 10823 HLH 20904 b SB1977 - 19 - LRB104 10823 HLH 20904 b
690690 SB1977 - 19 - LRB104 10823 HLH 20904 b
691691 1 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
692692 2 102-895, eff. 5-23-22.)
693693 3 (35 ILCS 200/21-385)
694694 4 Sec. 21-385. Extension of period of redemption.
695695 5 (a) For any tax certificates held by a county pursuant to
696696 6 Section 21-90, the redemption period for each tax certificate
697697 7 shall be extended by operation of law until the date
698698 8 established by the county as the redemption deadline in a
699699 9 petition for tax deed filed under Section 22-30. The
700700 10 redemption deadline established in the petition shall be
701701 11 identified in the notices provided under Sections 22-10
702702 12 through 22-25 of this Code. After a redemption deadline is
703703 13 established in the petition for tax deed, the county may
704704 14 further extend the redemption deadline by filing with the
705705 15 county clerk of the county in which the property is located a
706706 16 written notice to that effect describing the property,
707707 17 identifying the certificate number, and specifying the
708708 18 extended period of redemption. Notwithstanding any expiration
709709 19 of a prior redemption period, all tax certificates forfeited
710710 20 to the county and held pursuant to Section 21-90 shall remain
711711 21 enforceable by the county or its assignee, and redemption
712712 22 shall be extended by operation of law until the date
713713 23 established by the county as the redemption deadline in a
714714 24 petition for tax deed filed under Section 22-30.
715715 25 (b) Within 60 days of the date of assignment, assignees of
716716
717717
718718
719719
720720
721721 SB1977 - 19 - LRB104 10823 HLH 20904 b
722722
723723
724724 SB1977- 20 -LRB104 10823 HLH 20904 b SB1977 - 20 - LRB104 10823 HLH 20904 b
725725 SB1977 - 20 - LRB104 10823 HLH 20904 b
726726 1 forfeited certificates under Section 21-90 or Section 21-145
727727 2 of this Code must file with the county clerk of the county in
728728 3 which the property is located a written notice describing the
729729 4 property, stating the date of the assignment, identifying the
730730 5 certificate number and specifying a deadline for redemption
731731 6 that is not later than 3 years from the date of assignment.
732732 7 Upon receiving the notice, the county clerk shall stamp the
733733 8 date of receipt upon the notice. If the notice is submitted as
734734 9 an electronic record, the county clerk shall acknowledge
735735 10 receipt of the record and shall provide confirmation in the
736736 11 same manner to the certificate holder. The confirmation from
737737 12 the county clerk shall include the date of receipt and shall
738738 13 serve as proof that the notice was filed with the county clerk.
739739 14 In no event shall a county clerk permit an assignee of
740740 15 forfeited certificates under Section 21-90 or Section 21-145
741741 16 of this Code to extend the period of redemption beyond 3 years
742742 17 from the date of assignment. If the redemption period expires
743743 18 and no petition for tax deed has been filed under Section
744744 19 22-30, the assigned tax certificate shall be forfeited to and
745745 20 held by the county pursuant to Section 21-90.
746746 21 (c) Except for the county as trustee pursuant to Section
747747 22 21-90, the purchaser or his or her assignee of property sold
748748 23 for nonpayment of general taxes or special assessments may
749749 24 extend the period of redemption at any time before the
750750 25 expiration of the original period of redemption, or thereafter
751751 26 prior to the expiration of any extended period of redemption,
752752
753753
754754
755755
756756
757757 SB1977 - 20 - LRB104 10823 HLH 20904 b
758758
759759
760760 SB1977- 21 -LRB104 10823 HLH 20904 b SB1977 - 21 - LRB104 10823 HLH 20904 b
761761 SB1977 - 21 - LRB104 10823 HLH 20904 b
762762 1 but only for a period that will expire not later than 3 years
763763 2 from the date of sale, by filing with the county clerk of the
764764 3 county in which the property is located a written notice to
765765 4 that effect describing the property, stating the date of the
766766 5 sale and specifying the extended period of redemption. Upon
767767 6 receiving the notice, the county clerk shall stamp the date of
768768 7 receipt upon the notice. If the notice is submitted as an
769769 8 electronic record, the county clerk shall acknowledge receipt
770770 9 of the record and shall provide confirmation in the same
771771 10 manner to the certificate holder. The confirmation from the
772772 11 county clerk shall include the date of receipt and shall serve
773773 12 as proof that the notice was filed with the county clerk. The
774774 13 county clerk shall not be required to extend the period of
775775 14 redemption unless the purchaser or his or her assignee obtains
776776 15 this acknowledgement of delivery. If prior to the expiration
777777 16 of the period of redemption or extended period of redemption a
778778 17 petition for tax deed has been filed under Section 22-30, upon
779779 18 application of the petitioner, the court shall allow the
780780 19 purchaser or his or her assignee to extend the period of
781781 20 redemption after expiration of the original period or any
782782 21 extended period of redemption, provided that any extension
783783 22 allowed will expire not later than 3 years from the date of
784784 23 sale. If the period of redemption is extended, the purchaser
785785 24 or his or her assignee must give the notices provided for in
786786 25 Section 22-10 at the specified times prior to the expiration
787787 26 of the extended period of redemption by causing a sheriff (or
788788
789789
790790
791791
792792
793793 SB1977 - 21 - LRB104 10823 HLH 20904 b
794794
795795
796796 SB1977- 22 -LRB104 10823 HLH 20904 b SB1977 - 22 - LRB104 10823 HLH 20904 b
797797 SB1977 - 22 - LRB104 10823 HLH 20904 b
798798 1 if he or she is disqualified, a coroner) of the county in which
799799 2 the property, or any part thereof, is located to serve the
800800 3 notices as provided in Sections 22-15 and 22-20. The notices
801801 4 may also be served as provided in Sections 22-15 and 22-20 by a
802802 5 special process server appointed by the court under Section
803803 6 22-15 and as provided in Sections 22-15 and 22-20.
804804 7 The changes made to this Section by this amendatory Act of
805805 8 the 103rd General Assembly apply to matters concerning tax
806806 9 certificates issued on or after January 1, 2024.
807807 10 (d) For any tax certificates held by a county, the county
808808 11 clerk may create and administer a payment plan during the
809809 12 redemption period. Under the payment plan, the county clerk
810810 13 may waive interest penalties when payments are made in
811811 14 accordance with the parameters set forth in the payment plan.
812812 15 (Source: P.A. 103-555, eff. 1-1-24.)
813813 16 Section 10. The Senior Citizens Real Estate Tax Deferral
814814 17 Act is amended by changing Sections 2 and 3 as follows:
815815 18 (320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
816816 19 Sec. 2. Definitions. As used in this Act:
817817 20 (a) "Qualified Taxpayer" means an individual (i) who will
818818 21 be 65 years of age or older by June 1 of the year for which a
819819 22 tax deferral is claimed; (ii) who certifies that they have
820820 23 owned and occupied as their residence such property or other
821821 24 qualifying property in the State for at least the last 3 years,
822822
823823
824824
825825
826826
827827 SB1977 - 22 - LRB104 10823 HLH 20904 b
828828
829829
830830 SB1977- 23 -LRB104 10823 HLH 20904 b SB1977 - 23 - LRB104 10823 HLH 20904 b
831831 SB1977 - 23 - LRB104 10823 HLH 20904 b
832832 1 except for any periods during which the taxpayer may have
833833 2 temporarily resided in a nursing or sheltered care home; and
834834 3 (iii) whose household income for the year is no greater than
835835 4 the maximum household income. : (i) $40,000 through tax year
836836 5 2005; (ii) $50,000 for tax years 2006 through 2011; (iii)
837837 6 $55,000 for tax years 2012 through 2021; (iv) $65,000 for tax
838838 7 years 2022 through 2025; and (v) $55,000 for tax year 2026 and
839839 8 thereafter.
840840 9 (b) "Tax deferred property" means the property upon which
841841 10 real estate taxes are deferred under this Act.
842842 11 (c) "Homestead" means the land and buildings thereon,
843843 12 including a condominium or a dwelling unit in a multidwelling
844844 13 building that is owned and operated as a cooperative, occupied
845845 14 by the taxpayer as his residence or which are temporarily
846846 15 unoccupied by the taxpayer because such taxpayer is
847847 16 temporarily residing, for not more than 1 year, in a licensed
848848 17 facility as defined in Section 1-113 of the Nursing Home Care
849849 18 Act.
850850 19 (d) "Real estate taxes" or "taxes" means the taxes on real
851851 20 property for which the taxpayer would be liable under the
852852 21 Property Tax Code, including special service area taxes, and
853853 22 special assessments on benefited real property for which the
854854 23 taxpayer would be liable to a unit of local government.
855855 24 (e) "Department" means the Department of Revenue.
856856 25 (f) "Qualifying property" means a homestead which (a) the
857857 26 taxpayer or the taxpayer and his spouse own in fee simple or
858858
859859
860860
861861
862862
863863 SB1977 - 23 - LRB104 10823 HLH 20904 b
864864
865865
866866 SB1977- 24 -LRB104 10823 HLH 20904 b SB1977 - 24 - LRB104 10823 HLH 20904 b
867867 SB1977 - 24 - LRB104 10823 HLH 20904 b
868868 1 are purchasing in fee simple under a recorded instrument of
869869 2 sale, (b) is not income-producing property, (c) is not subject
870870 3 to a lien for unpaid real estate taxes when a claim under this
871871 4 Act is filed, and (d) is not held in trust, other than an
872872 5 Illinois land trust with the taxpayer identified as the sole
873873 6 beneficiary, if the taxpayer is filing for the program for the
874874 7 first time effective as of the January 1, 2011 assessment year
875875 8 or tax year 2012 and thereafter.
876876 9 (g) "Equity interest" means the current assessed valuation
877877 10 of the qualified property times the fraction necessary to
878878 11 convert that figure to full market value minus any outstanding
879879 12 debts or liens on that property. In the case of qualifying
880880 13 property not having a separate assessed valuation, the
881881 14 appraised value as determined by a qualified real estate
882882 15 appraiser shall be used instead of the current assessed
883883 16 valuation.
884884 17 (h) "Household income" has the meaning ascribed to that
885885 18 term in the Senior Citizens and Persons with Disabilities
886886 19 Property Tax Relief Act.
887887 20 (i) "Collector" means the county collector or, if the
888888 21 taxes to be deferred are special assessments, an official
889889 22 designated by a unit of local government to collect special
890890 23 assessments.
891891 24 (j) "Maximum household income" means:
892892 25 (1) $40,000 through tax year 2005;
893893 26 (2) $50,000 for tax years 2006 through 2011;
894894
895895
896896
897897
898898
899899 SB1977 - 24 - LRB104 10823 HLH 20904 b
900900
901901
902902 SB1977- 25 -LRB104 10823 HLH 20904 b SB1977 - 25 - LRB104 10823 HLH 20904 b
903903 SB1977 - 25 - LRB104 10823 HLH 20904 b
904904 1 (3) $55,000 for tax years 2012 through 2021;
905905 2 (4) $65,000 for tax years 2022 through 2024;
906906 3 (5) $95,000 for tax year 2025; and
907907 4 (6) for tax year 2026 and thereafter, the maximum
908908 5 household income for the immediately preceding taxable
909909 6 year, multiplied by one plus the lesser of (i) the
910910 7 percentage increase, if any, in the Consumer Price Index
911911 8 for All Urban Consumers for the 12 months ending in March
912912 9 of the immediately preceding calendar year or (ii) 3%; the
913913 10 maximum income limitation under this item (6) shall be
914914 11 rounded to the nearest dollar.
915915 12 By June 1, 2026, and by June 1 of each year thereafter, the
916916 13 Department of Revenue shall determine the maximum household
917917 14 income for the applicable taxable year and shall post that
918918 15 amount on its website.
919919 16 (k) "Consumer Price Index" means the index published by
920920 17 the Bureau of Labor Statistics of the United States Department
921921 18 of Labor that measures the average change in prices of goods
922922 19 and services purchased by all urban consumers, United States
923923 20 city average, all items, 1982-84 = 100.
924924 21 (Source: P.A. 102-644, eff. 8-27-21.)
925925 22 (320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
926926 23 Sec. 3. A taxpayer may, on or before March 1 of each year,
927927 24 apply to the county collector of the county where his
928928 25 qualifying property is located, or to the official designated
929929
930930
931931
932932
933933
934934 SB1977 - 25 - LRB104 10823 HLH 20904 b
935935
936936
937937 SB1977- 26 -LRB104 10823 HLH 20904 b SB1977 - 26 - LRB104 10823 HLH 20904 b
938938 SB1977 - 26 - LRB104 10823 HLH 20904 b
939939 1 by a unit of local government to collect special assessments
940940 2 on the qualifying property, as the case may be, for a deferral
941941 3 of all or a part of real estate taxes payable during that year
942942 4 for the preceding year in the case of real estate taxes other
943943 5 than special assessments, or for a deferral of any
944944 6 installments payable during that year in the case of special
945945 7 assessments, on all or part of his qualifying property. The
946946 8 application shall be on a form prescribed by the Department
947947 9 and furnished by the collector, (a) showing that the applicant
948948 10 will be 65 years of age or older by June 1 of the year for
949949 11 which a tax deferral is claimed, (b) describing the property
950950 12 and verifying that the property is qualifying property as
951951 13 defined in Section 2, (c) certifying that the taxpayer has
952952 14 owned and occupied as his residence such property or other
953953 15 qualifying property in the State for at least the last 3 years
954954 16 except for any periods during which the taxpayer may have
955955 17 temporarily resided in a nursing or sheltered care home, and
956956 18 (d) specifying whether the deferral is for all or a part of the
957957 19 taxes, and, if for a part, the amount of deferral applied for.
958958 20 As to qualifying property not having a separate assessed
959959 21 valuation, the taxpayer shall also file with the county
960960 22 collector a written appraisal of the property prepared by a
961961 23 qualified real estate appraiser together with a certificate
962962 24 signed by the appraiser stating that he has personally
963963 25 examined the property and setting forth the value of the land
964964 26 and the value of the buildings thereon occupied by the
965965
966966
967967
968968
969969
970970 SB1977 - 26 - LRB104 10823 HLH 20904 b
971971
972972
973973 SB1977- 27 -LRB104 10823 HLH 20904 b SB1977 - 27 - LRB104 10823 HLH 20904 b
974974 SB1977 - 27 - LRB104 10823 HLH 20904 b
975975 1 taxpayer as his residence. The county collector may use
976976 2 eligibility for the Low-Income Senior Citizens Assessment
977977 3 Freeze Homestead Exemption under Section 15-172 of the
978978 4 Property Tax Code as qualification for items (a) and (c).
979979 5 The collector shall grant the tax deferral provided such
980980 6 deferral does not exceed funds available in the Senior
981981 7 Citizens Real Estate Deferred Tax Revolving Fund and provided
982982 8 that the owner or owners of such real property have entered
983983 9 into a tax deferral and recovery agreement with the collector
984984 10 on behalf of the county or other unit of local government,
985985 11 which agreement expressly states:
986986 12 (1) That the total amount of taxes deferred under this
987987 13 Act, plus interest, for the year for which a tax deferral is
988988 14 claimed as well as for those previous years for which taxes are
989989 15 not delinquent and for which such deferral has been claimed
990990 16 may not exceed 80% of the taxpayer's equity interest in the
991991 17 property for which taxes are to be deferred and that, if the
992992 18 total deferred taxes plus interest equals 80% of the
993993 19 taxpayer's equity interest in the property, the taxpayer shall
994994 20 thereafter pay the annual interest due on such deferred taxes
995995 21 plus interest so that total deferred taxes plus interest will
996996 22 not exceed such 80% of the taxpayer's equity interest in the
997997 23 property. Effective as of the January 1, 2011 assessment year
998998 24 or tax year 2012 and through the 2021 tax year, and beginning
999999 25 again with the 2026 tax year, the total amount of any such
10001000 26 deferral shall not exceed $5,000 per taxpayer in each tax
10011001
10021002
10031003
10041004
10051005
10061006 SB1977 - 27 - LRB104 10823 HLH 20904 b
10071007
10081008
10091009 SB1977- 28 -LRB104 10823 HLH 20904 b SB1977 - 28 - LRB104 10823 HLH 20904 b
10101010 SB1977 - 28 - LRB104 10823 HLH 20904 b
10111011 1 year. For the 2022 tax year and every tax year after through
10121012 2 the 2025 tax year, the total amount of any such deferral shall
10131013 3 not exceed $7,500 per taxpayer in each tax year.
10141014 4 (2) That any real estate taxes deferred under this Act and
10151015 5 any interest accrued thereon are a lien on the real estate and
10161016 6 improvements thereon until paid. If the taxes deferred are for
10171017 7 a tax year prior to 2023, then interest shall accrue at the
10181018 8 rate of 6% per year. If the taxes deferred are for the 2023 tax
10191019 9 year or any tax year thereafter, then interest shall accrue at
10201020 10 the rate of 3% per year. No sale or transfer of such real
10211021 11 property may be legally closed and recorded until the taxes
10221022 12 which would otherwise have been due on the property, plus
10231023 13 accrued interest, have been paid unless the collector
10241024 14 certifies in writing that an arrangement for prompt payment of
10251025 15 the amount due has been made with his office. The same shall
10261026 16 apply if the property is to be made the subject of a contract
10271027 17 of sale.
10281028 18 (3) That upon the death of the taxpayer claiming the
10291029 19 deferral the heirs-at-law, assignees or legatees shall have
10301030 20 first priority to the real property upon which taxes have been
10311031 21 deferred by paying in full the total taxes which would
10321032 22 otherwise have been due, plus interest. However, if such
10331033 23 heir-at-law, assignee, or legatee is a surviving spouse, the
10341034 24 tax deferred status of the property shall be continued during
10351035 25 the life of that surviving spouse if the spouse is 55 years of
10361036 26 age or older within 6 months of the date of death of the
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10471047 1 taxpayer and enters into a tax deferral and recovery agreement
10481048 2 before the time when deferred taxes become due under this
10491049 3 Section. Any additional taxes deferred, plus interest, on the
10501050 4 real property under a tax deferral and recovery agreement
10511051 5 signed by a surviving spouse shall be added to the taxes and
10521052 6 interest which would otherwise have been due, and the payment
10531053 7 of which has been postponed during the life of such surviving
10541054 8 spouse, in determining the 80% equity requirement provided by
10551055 9 this Section.
10561056 10 (4) That if the taxes due, plus interest, are not paid by
10571057 11 the heir-at-law, assignee or legatee or if payment is not
10581058 12 postponed during the life of a surviving spouse, the deferred
10591059 13 taxes and interest shall be recovered from the estate of the
10601060 14 taxpayer within one year of the date of his death. In addition,
10611061 15 deferred real estate taxes and any interest accrued thereon
10621062 16 are due within 90 days after any tax deferred property ceases
10631063 17 to be qualifying property as defined in Section 2.
10641064 18 If payment is not made when required by this Section,
10651065 19 foreclosure proceedings may be instituted under the Property
10661066 20 Tax Code.
10671067 21 (5) That any joint owner has given written prior approval
10681068 22 for such agreement, which written approval shall be made a
10691069 23 part of such agreement.
10701070 24 (6) That a guardian for a person under legal disability
10711071 25 appointed for a taxpayer who otherwise qualifies under this
10721072 26 Act may act for the taxpayer in complying with this Act.
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10831083 1 (7) That a taxpayer or his agent has provided to the
10841084 2 satisfaction of the collector, sufficient evidence that the
10851085 3 qualifying property on which the taxes are to be deferred is
10861086 4 insured against fire or casualty loss for at least the total
10871087 5 amount of taxes which have been deferred.
10881088 6 If the taxes to be deferred are special assessments, the
10891089 7 unit of local government making the assessments shall forward
10901090 8 a copy of the agreement entered into pursuant to this Section
10911091 9 and the bills for such assessments to the county collector of
10921092 10 the county in which the qualifying property is located.
10931093 11 (Source: P.A. 102-644, eff. 8-27-21; 102-895, eff. 5-23-22.)
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