Illinois Compiled Statutes
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35 ILCS 200/15-175
(35 ILCS 200/15-175)
General homestead exemption.
(a) Except as provided in Sections 15-176 and 15-177, homestead
entitled to an annual homestead exemption limited, except as described here
with relation to cooperatives, to a reduction in the equalized assessed value
of homestead property equal to the increase in equalized assessed value for the
current assessment year above the equalized assessed value of the property for
1977, up to the maximum reduction set forth below. If however, the 1977
equalized assessed value upon which taxes were paid is subsequently determined
by local assessing officials, the Property Tax Appeal Board, or a court to have
been excessive, the equalized assessed value which should have been placed on
the property for 1977 shall be used to determine the amount of the exemption.
(b) Except as provided in Section 15-176, the maximum reduction before taxable year 2004 shall be
$4,500 in counties with 3,000,000 or more
and $3,500 in all other counties. Except as provided in Sections 15-176 and 15-177, for taxable years 2004 through 2007, the maximum reduction shall be $5,000, for taxable year 2008, the maximum reduction is $5,500, and, for taxable years 2009 through 2011, the maximum reduction is $6,000 in all counties. For taxable years 2012 and thereafter, the maximum reduction is $7,000 in counties with 3,000,000 or more
and $6,000 in all other counties. If a county has elected to subject itself to the provisions of Section 15-176 as provided in subsection (k) of that Section, then, for the first taxable year only after the provisions of Section 15-176 no longer apply, for owners who, for the taxable year, have not been granted a senior citizens assessment freeze homestead exemption under Section 15-172 or a long-time occupant homestead exemption under Section 15-177, there shall be an additional exemption of $5,000 for owners with a household income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if, based on the most
recent assessment, the equalized assessed value of
the homestead property for the current assessment year is greater than the
equalized assessed value of the property for 1977, the owner of the property
shall automatically receive the exemption granted under this Section in an
amount equal to the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000 assessment year,
homestead property has a pro-rata valuation under
Section 9-180 resulting in an increase in the assessed valuation, a reduction
in equalized assessed valuation equal to the increase in equalized assessed
value of the property for the year of the pro-rata valuation above the
equalized assessed value of the property for 1977 shall be applied to the
property on a proportionate basis for the period the property qualified as
homestead property during the assessment year. The maximum proportionate
homestead exemption shall not exceed the maximum homestead exemption allowed in
the county under this Section divided by 365 and multiplied by the number of
days the property qualified as homestead property.
(d-1) In counties with 3,000,000 or more inhabitants, where the chief county assessment officer provides a notice of discovery, if a property is not
occupied by its owner as a principal residence as of January 1 of the current tax year, then the property owner shall notify the chief county assessment officer of that fact on a form prescribed by the chief county assessment officer. That notice must be received by the chief county assessment officer on or before March 1 of the collection year. If mailed, the form shall be sent by certified mail, return receipt requested. If the form is provided in person, the chief county assessment officer shall provide a date stamped copy of the notice. Failure to provide timely notice pursuant to this subsection (d-1) shall result in the exemption being treated as an erroneous exemption. Upon timely receipt of the notice for the current tax year, no exemption shall be applied to the property for the current tax year. If the exemption is not removed upon timely receipt of the notice by the chief assessment officer, then the error is considered granted as a result of a clerical error or omission on the part of the chief county assessment officer as described in subsection (h) of Section 9-275, and the property owner shall not be liable for the payment of interest and penalties due to the erroneous exemption for the current tax year for which the notice was filed after the date that notice was timely received pursuant to this subsection. Notice provided under this subsection shall not constitute a defense or amnesty for prior year erroneous exemptions.
For the purposes of this subsection (d-1):
"Collection year" means the year in which the first and second installment of the current tax year is billed.
"Current tax year" means the year prior to the collection year.
(e) The chief county assessment officer may, when considering whether to grant a leasehold exemption under this Section, require the following conditions to be met:
(1) that a notarized application for the exemption,
signed by both the owner and the lessee of the property, must be submitted each year during the application period in effect for the county in which the property is located;
(2) that a copy of the lease must be filed with the
chief county assessment officer by the owner of the property at the time the notarized application is submitted;
(3) that the lease must expressly state that the
lessee is liable for the payment of property taxes; and
(4) that the lease must include the following
language in substantially the following form:
"Lessee shall be liable for the payment of real
estate taxes with respect to the residence in accordance with the terms and conditions of Section 15-175 of the Property Tax Code (35 ILCS 200/15-175). The permanent real estate index number for the premises is (insert number), and, according to the most recent property tax bill, the current amount of real estate taxes associated with the premises is (insert amount) per year. The parties agree that the monthly rent set forth above shall be increased or decreased pro rata (effective January 1 of each calendar year) to reflect any increase or decrease in real estate taxes. Lessee shall be deemed to be satisfying Lessee's liability for the above mentioned real estate taxes with the monthly rent payments as set forth above (or increased or decreased as set forth herein).".
In addition, if there is a change in lessee, or if the lessee vacates the property, then the chief county assessment officer may require the owner of the property to notify the chief county assessment officer of that change.
This subsection (e) does not apply to leasehold interests in property owned by a municipality.
(f) "Homestead property" under this Section includes residential property that is
occupied by its owner or owners as his or their principal dwelling place, or
that is a leasehold interest on which a single family residence is situated,
which is occupied as a residence by a person who has an ownership interest
therein, legal or equitable or as a lessee, and on which the person is
liable for the payment of property taxes. For land improved with
an apartment building owned and operated as a cooperative or a building which
is a life care facility as defined in Section 15-170 and considered to
be a cooperative under Section 15-170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value above the
equalized assessed value of the property for 1977, up to
the maximum reduction set forth above, multiplied by the number of apartments
or units occupied by a person or persons who is liable, by contract with the
owner or owners of record, for paying property taxes on the property and is an
owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For purposes of this
Section, the term "life care facility" has the meaning stated in Section
"Household", as used in this Section,
means the owner, the spouse of the owner, and all persons using
residence of the owner as their principal place of residence.
"Household income", as used in this Section,
means the combined income of the members of a household
for the calendar year preceding the taxable year.
"Income", as used in this Section,
has the same meaning as provided in Section 3.07 of the Senior
and Persons with Disabilities Property Tax Relief Act,
"income" does not include veteran's benefits.
(g) In a cooperative where a homestead exemption has been granted, the
cooperative association or its management firm shall credit the savings
resulting from that exemption only to the apportioned tax liability of the
owner who qualified for the exemption. Any person who willfully refuses to so
credit the savings shall be guilty of a Class B misdemeanor.
(h) Where married persons maintain and reside in separate residences qualifying
as homestead property, each residence shall receive 50% of the total reduction
in equalized assessed valuation provided by this Section.
(i) In all counties, the assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead exemption and the amount of the exemption by
application, visual inspection, questionnaire or other reasonable methods. The
determination shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an additional general exemption under this Section shall submit to the chief county assessment officer an application with an affidavit of the applicant's total household income, age, marital status (and, if married, the name and address of the applicant's spouse, if known), and principal dwelling place of members of the household on January 1 of the taxable year. The Department shall issue guidelines establishing a method for verifying the accuracy of the affidavits filed by applicants under this paragraph. The applications shall be clearly marked as applications for the Additional General Homestead Exemption.
(i-5) This subsection (i-5) applies to counties with 3,000,000 or more inhabitants. In the event of a sale of
homestead property, the homestead exemption shall remain in effect for the remainder of the assessment year of the sale. Upon receipt of a transfer declaration transmitted by the recorder pursuant to Section 31-30 of the Real Estate Transfer Tax Law for property receiving an exemption under this Section, the assessor shall mail a notice and forms to the new owner of the property providing information pertaining to the rules and applicable filing periods for applying or reapplying for homestead exemptions under this Code for which the property may be eligible. If the new owner fails to apply or reapply for a homestead exemption during the applicable filing period or the property no longer qualifies for an existing homestead exemption, the assessor shall cancel such exemption for any ensuing assessment year.
(j) In counties with fewer than 3,000,000 inhabitants, in the event of a sale
homestead property the homestead exemption shall remain in effect for the
remainder of the assessment year of the sale. The assessor or chief county
assessment officer may require the new
owner of the property to apply for the homestead exemption for the following
(k) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; 99-642, eff. 7-28-16; 99-851, eff. 8-19-16.)