| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/Art. 13
(35 ILCS 200/Art. 13 heading)
Article 13.
Reassessment Procedures
|
35 ILCS 200/13-5
(35 ILCS 200/13-5)
Sec. 13-5.
Reassessment in disaster areas.
In every county which has been
declared a major disaster area by the President of the United States or the
Governor of the State of Illinois, the chief county assessment officer, board
of review or board of appeals shall, upon application by the property owner,
make a reassessment of any taxable property in the county which was
substantially damaged by the disaster. The Department shall advise with the
chief county assessment officers, boards of review or boards of appeals of the
several counties involved in connection with such reassessment.
In the reassessment, the value of the property shall be determined as of the
date of the declaration of the county as a major disaster area. If the value of
any property on that date is, by reason of the disaster, less than the prior
assessment, the assessment for that year shall be arrived at by dividing by 365
the sum of the 2 products obtained (a) by multiplying the prior assessment by
the number of days from January 1 of that year to the date of the declaration
and (b) by multiplying the value of the property as of the date of the
declaration by the number of days from the date of the declaration to December
31 of that year.
If the reassessment and computations occur prior to the adjournment of the
current board of review or board of appeals, the assessment of the property
shall be reduced accordingly. If the board of review or board of appeals has
adjourned at the time of the declaration, the Department shall convene the
board of review or board of appeals to make the reassessment of property
applied for after that adjournment.
(Source: P.A. 83-121; 88-455.)
|
35 ILCS 200/13-10
(35 ILCS 200/13-10)
Sec. 13-10.
Reassessment order by Department.
Whenever it appears to the
Department that the property in any county, or in any assessment district, has
not been assessed in substantial compliance with law, the Department may, in
its discretion, in any year, either before or after the original assessment is
completed by the local assessment officers, order a reassessment by the local
assessing officers for that year of all or any class of the taxable property in
the county or assessment district. The reassessment shall be substituted for
the original assessment. The order directing a reassessment shall be filed in
the office of the county treasurer of the county in which the reassessment has
been ordered, except in counties having an elective board of review or board of
appeals in which case the order shall be filed with that board.
If any general assessment is not published in any year for which the
assessment was made, or if that publication was not made in time to permit the
examination thereof by the Department in that year, the Department may in any
of the 3 years intervening between the years for which general assessments are
made, order reassessment of the last general assessment of all or any class of
property in the county or assessment district, and the reassessment shall be
substituted for the original general assessment for the intervening year and
thereafter until the next general assessment is made.
No substitute assessment shall invalidate any prior assessment as to taxes
extended thereon.
The Department may order the board of review of any county not having an
elected county assessor and an elective board of review to convene in
extraordinary session for the purpose of further revising, correcting and
equalizing the assessment of property within that county.
When a reassessment has been ordered under this Section, the individual
assessments made under such order shall be reviewed, revised and corrected by
townships or taxing districts by the assessors making the reassessment.
The assessors making the reassessment shall give notice of the order under
which it is made showing the class of property affected by the reassessment,
each township or taxing district to be reviewed, revised and corrected and the
time and place for the revision and correction, by publishing the notice in one
or more newspapers, published and having a general circulation in the county,
at least 5 days before the time set for the revision in each township or taxing
district.
(Source: P.A. 86-1481; 88-455.)
|
35 ILCS 200/13-15
(35 ILCS 200/13-15)
Sec. 13-15.
Manner of reassessment.
Reassessments shall be made in the same
manner and subject to the same laws and rules as an original assessment and
shall be subject to review and correction by the board of review or board of
appeals as in the case of an original assessment.
(Source: Laws 1939, p. 886; P.A. 88-455.)
|
35 ILCS 200/13-20
(35 ILCS 200/13-20)
Sec. 13-20.
Review and equalization of reassessments.
The board of review or
board of appeals of the county in which a reassessment is made shall review,
correct, and equalize the reassessment in the same manner and subject to the
same laws and rules as an original assessment. The Department shall fix the
time and place of the meeting of the board to review and correct the
reassessment. At least one week before the meeting, the board shall publish a
notice of the time and place of its meeting, in at least one newspaper of
general circulation published in the county in which the reassessment is made,
except that in every township in which there is published one or more
newspapers of general circulation the notice shall be published in one of
those newspapers in each township. The board shall convene at the time and
place fixed in the order, and shall review, correct, return and certify
the reassessment in like manner, and shall have and exercise all the
powers and authority given to boards of review or boards of appeals, and
shall be subject to all the restrictions, duties and penalties of those
boards. When a reassessment has been ordered, the board, at the time and place
fixed in the notice given as required by this Section, may hear complaints and
review and correct the reassessment by townships or assessment districts, as
the reassessment for such townships or assessment districts is completed and
certified by the chief county assessment officer, without waiting for the
completion of the entire reassessment. Two or more townships or assessment
districts may be notified for a revision and correction at the same time.
(Source: Laws 1951, p. 1181; P.A. 88-455.)
|
35 ILCS 200/13-25
(35 ILCS 200/13-25)
Sec. 13-25.
Assessment books.
Each local assessment officer, while engaged
in making a reassessment, shall have custody and possession of the assessment
books containing the original assessment and all property and other statements
and memoranda relating thereto. The person previously having custody shall
deliver the assessment books and other property to the local assessment officer
on demand. He or she shall, in making the reassessment, have all the power and
authority given by law to local assessment officers and shall be subject to all
the restrictions, liabilities and penalties imposed by law upon local
assessment officers.
(Source: Laws 1939, p. 886; P.A. 88-455.)
|
35 ILCS 200/13-30
(35 ILCS 200/13-30)
Sec. 13-30.
Reassessment supplies; compensation.
The necessary books,
records and blank forms needed for a reassessment shall be furnished by the
same authorities that furnish books, records and blank forms for an original
assessment. Local assessment officers and the members of the board of appeals,
when convened in extraordinary session to make a reassessment or to review and
correct the reassessment shall receive the same compensation as for like
service in making or reviewing an original assessment. The compensation and
all other expenses in making the reassessment shall be paid by the county on
the certificate of the Department. However, the township, townships or other
assessment district or districts in which the reassessment is accomplished,
shall reimburse the county for all expenses, including amounts expended as
salaries or compensation, which the county has incurred by reason of the
reassessment. The amount to be contributed to the county by each such township
or other assessment district shall be apportioned on the basis of the expense
incurred in reassessing that township or assessment district.
(Source: P.A. 84-582; 88-455.)
|
35 ILCS 200/13-35
(35 ILCS 200/13-35)
Sec. 13-35.
Effect of reassessment.
A reassessment, when completed and
revised under this Code, shall be the assessment upon which taxes for that year
shall be levied and extended in the county or assessment district for which the
reassessment was made.
(Source: Laws 1939, p. 886; P.A. 88-455.)
|
35 ILCS 200/Art. 14
(35 ILCS 200/Art. 14 heading)
Article 14.
Revisions and Corrections
|
35 ILCS 200/14-5
(35 ILCS 200/14-5)
Sec. 14-5.
Incorrect listing; refund.
(a) An assessment shall not be considered as invalid because the assessment
was not correctly listed or because the assessment was not in the name of the
true owner or owners.
(b) If, because of an error by an assessor, a property is assessed in the
name of a person who is not the true owner, and that person pays taxes on the
property, the amounts so paid shall be refunded. A claim for refund shall be
initiated by filing a complaint with the board of review or board of appeals
and the board shall allow the refund if the requirements of this Section are
met. If the refund is ordered, the refund shall be made by the county collector
in the manner provided by Section 20-175. A claim for refund under this Section
must be made within 5 years after the taxes were incorrectly paid. Upon
allowing a refund, the board of review or board of appeals shall list and
assess the property in the name of the correct owner under Section 9-265.
(Source: P.A. 86-180; 88-455.)
|
35 ILCS 200/14-10
(35 ILCS 200/14-10)
Sec. 14-10.
Certificate of correction; counties of 3,000,000 or more.
If the county assessor in counties with 3,000,000 or more inhabitants, at any
time prior to the time the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter)
is required to complete its work
and adjourn under Section 16-150, certifies to the board that there is a
mistake or error (other than a mistake or error of judgment) in the valuation
or assessment of any property, or in the entry of any assessment in the
assessment books, the county assessor
shall set forth the nature
and cause of the mistake or error. The board of appeals
(until the first Monday in December 1998 and the board of review
beginning
the first Monday in December 1998 and thereafter)
shall
give the person affected by the assessment notice an opportunity to be heard.
If the board of appeals
(until the first Monday in December 1998 and the board of review
beginning
the first Monday in December 1998 and thereafter)
is satisfied that a mistake or error has
occurred, the majority of the members
shall
endorse it by signing the certificate and shall order the assessor to correct
the mistake or error.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
|
35 ILCS 200/14-15
(35 ILCS 200/14-15)
(Text of Section before amendment by P.A. 103-662 )
Sec. 14-15. Certificate of error; counties of 3,000,000 or more.
(a) In counties with 3,000,000 or more inhabitants, if, after the
assessment is certified pursuant to Section 16-150, but subject to the
limitations of subsection (c) of this Section,
the county assessor discovers an error or mistake in the assessment, the
assessor shall execute a certificate setting forth the nature and cause of the
error. The certificate when endorsed by the county assessor, or when endorsed
by the county assessor and board of appeals (until the first Monday in December
1998 and the board of review beginning the first Monday in December 1998 and
thereafter) where the certificate is executed for any assessment which was the
subject of a complaint filed in the board of appeals (until the first Monday in
December 1998 and the board of review beginning the first Monday in December
1998 and thereafter) for the tax year for which the certificate is issued,
may, either be certified according
to the procedure authorized by this Section or
be presented and received in evidence in any court of competent
jurisdiction.
Certification is authorized, at the discretion of the county assessor, for:
(1) certificates of error allowing homestead exemptions under Article 15; (2) certificates of error on
residential property
of 6 units or less; (3) certificates of error allowing exemption of the
property pursuant to Section 14-25; and (4) other certificates of error
reducing assessed value by less than $100,000. Any certificate of error not
certified shall be presented to the court.
The county assessor shall develop reasonable procedures for the filing and
processing of certificates of error. Prior to the certification or
presentation to the court, the county assessor or his or her designee shall
execute and include in the certificate of error a statement attesting that all
procedural requirements pertaining to the issuance of the certificate of error
have been met and that in fact an error exists.
When so
introduced in evidence such certificate shall become a part of the court
records, and shall not be removed from the files except upon the order of the
court.
Certificates of error that will be presented to the court shall be filed as
an
objection in the application for judgment and order of sale for the year in
relation to which the certificate is made
or as an amendment to the objection
under subsection (b).
Certificates of error that are to be
certified according to the procedure authorized by this Section need not be
presented to the court as an objection or an amendment under subsection
(b). The State's Attorney of the county
in which the property is situated shall mail a copy of any final judgment
entered by the court regarding any certificate of error to the
taxpayer of record for
the year in question.
Any unpaid taxes after the entry of the final judgment by the court or
certification on
certificates issued under this Section may be included in a special tax sale,
provided that an advertisement is published and a notice is mailed to the
person in whose name the taxes were last assessed, in a form and manner
substantially similar to the advertisement and notice required under Sections
21-110 and 21-135. The advertisement and sale shall be subject to all
provisions of law regulating the annual advertisement and sale of delinquent
property, to the extent that those provisions may be made applicable.
A certificate of error certified under this Section shall be given effect by the county treasurer, who shall mark the tax
books and, upon receipt of one of the following certificates from the county assessor
or the county assessor and the board of
review
where the board of review is
required to endorse the certificate of error,
shall issue refunds to the taxpayer accordingly:
"CERTIFICATION
I, .................., county assessor, hereby certify | | that the Certificates of Error set out on the attached list have been duly issued to correct an error or mistake in the assessment."
|
|
"CERTIFICATION
I, .................., county assessor, and we, | | ........................................................, members of the board of review, hereby certify that the Certificates of Error set out on the attached list have been duly issued to correct an error or mistake in the assessment and that any certificates of error required to be endorsed by the board of review have been so endorsed."
|
|
The county treasurer has the power to mark the tax books to reflect
the issuance of certificates of error
certified according to
the procedure authorized in this Section for certificates of error issued under
Section 14-25 or certificates of error
issued to and including 3
years after the date on which the annual judgment and order of sale for that
tax year was first entered. The county
treasurer has the power to issue refunds to the taxpayer as set forth
above until all refunds authorized by this Section have been completed.
To the extent that the certificate of error obviates the liability for
nonpayment of taxes, certification of a certificate of error according to the
procedure authorized in this Section shall operate to vacate any judgment or
forfeiture as to that year's taxes, and the warrant books and judgment books
shall be marked to reflect that the judgment or forfeiture has been vacated.
(b) Nothing in subsection (a) of this Section shall be construed to
prohibit the execution, endorsement, issuance, and adjudication of a
certificate of error if (i) the annual judgment and order of sale for the tax
year in question is reopened for further proceedings upon consent of the county
collector and county assessor, represented by the State's Attorney, and (ii) a
new final judgment is subsequently entered pursuant to the certificate. This
subsection (b) shall be construed as declarative of existing law and not as a
new enactment.
(c) No certificate of error, other than a certificate to establish an
exemption under Section 14-25, shall be executed for any tax year more than 3
years after the date on which the annual judgment and order of sale for that
tax year was first entered, except that during calendar years 1999 and 2000 a
certificate of error may
be
executed
for any tax year, provided that the error or mistake in the assessment was
discovered no
more than 3 years after the date on which the annual judgment and order of sale
for that
tax year was first entered.
(d) The time limitation of subsection (c) shall not apply to a certificate
of error correcting an assessment to $1, under Section 10-35, on a parcel that
a subdivision or planned development has acquired by adverse possession, if
during the tax year for which the certificate is executed the subdivision or
planned development used the parcel as common area, as defined in Section
10-35, and if application for the certificate of error is made prior to
December 1, 1997.
(e) The changes made by this amendatory Act of the 91st General
Assembly apply to certificates
of error issued before, on, and after the effective date of this amendatory Act
of the 91st General Assembly.
(Source: P.A. 95-644, eff. 10-12-07.)
(Text of Section after amendment by P.A. 103-662 )
Sec. 14-15. Certificate of error; counties of 3,000,000 or more.
(a) In counties with 3,000,000 or more inhabitants, if
the county assessor discovers an error or mistake in the assessment after the
assessment is certified pursuant to Section 16-150, the
assessor shall execute a certificate setting forth the nature and cause of the
error, unless any time limitation applying to that certificate of error has expired. The certificate
may either be certified according
to the procedure authorized by this Section or
be presented and received in evidence in any court of competent
jurisdiction, provided that the certificate is endorsed by the county assessor or, if the certificate is executed for an assessment that was the
subject of a complaint filed in the board of review for the tax year for which the certificate is issued, endorsed by the county assessor and the board of review.
Certification is authorized, at the discretion of the county assessor, for:
(1) certificates of error allowing homestead exemptions under Article 15; (2) certificates of error on
residential property
of 6 units or less; (3) certificates of error allowing exemption of the
property pursuant to Section 14-25; and (4) other certificates of error
reducing assessed value by less than $100,000. Any certificate of error not
certified shall be presented to the court.
The county assessor shall develop reasonable procedures for the filing and
processing of certificates of error. Prior to the certification or
presentation to the court, the county assessor or his or her designee shall
execute and include in the certificate of error a statement attesting that all
procedural requirements pertaining to the issuance of the certificate of error
have been met and that in fact an error exists.
When so
introduced in evidence such certificate shall become a part of the court
records, and shall not be removed from the files except upon the order of the
court.
Certificates of error that will be presented to the court shall be filed as
an
objection in the application for judgment and order of sale for the year in
relation to which the certificate is made
or as an amendment to the objection
under subsection (b).
Certificates of error that are to be
certified according to the procedure authorized by this Section need not be
presented to the court as an objection or an amendment under subsection
(b). The State's Attorney of the county
in which the property is situated shall mail a copy of any final judgment
entered by the court regarding any certificate of error to the
taxpayer of record for
the year in question.
Any unpaid taxes after the entry of the final judgment by the court or
certification on
certificates issued under this Section may be included in a special tax sale,
provided that an advertisement is published and a notice is mailed to the
person in whose name the taxes were last assessed, in a form and manner
substantially similar to the advertisement and notice required under Sections
21-110 and 21-135. The advertisement and sale shall be subject to all
provisions of law regulating the annual advertisement and sale of delinquent
property, to the extent that those provisions may be made applicable.
A certificate of error certified under this Section shall be given effect by the county treasurer, who shall mark the tax
books and, upon receipt of one of the following certificates from the county assessor
or the county assessor and the board of
review
where the board of review is
required to endorse the certificate of error,
shall issue refunds to the taxpayer accordingly:
"CERTIFICATION
I, .................., county assessor, hereby certify | | that the Certificates of Error set out on the attached list have been duly issued to correct an error or mistake in the assessment."
|
|
"CERTIFICATION
I, .................., county assessor, and we, | | ........................................................, members of the board of review, hereby certify that the Certificates of Error set out on the attached list have been duly issued to correct an error or mistake in the assessment and that any certificates of error required to be endorsed by the board of review have been so endorsed."
|
|
The county treasurer has the power to mark the tax books to reflect
the issuance of certificates of error
certified according to
the procedure authorized in this Section for certificates of error issued under
Section 14-25 or certificates of error
issued to and including 3
years after the date on which the annual judgment and order of sale for that
tax year was first entered. The county
treasurer has the power to issue refunds to the taxpayer as set forth
above until all refunds authorized by this Section have been completed.
To the extent that the certificate of error obviates the liability for
nonpayment of taxes, certification of a certificate of error according to the
procedure authorized in this Section shall operate to vacate any judgment or
forfeiture as to that year's taxes, and the warrant books and judgment books
shall be marked to reflect that the judgment or forfeiture has been vacated.
(b) Nothing in subsection (a) of this Section shall be construed to
prohibit the execution, endorsement, issuance, and adjudication of a
certificate of error if (i) the annual judgment and order of sale for the tax
year in question is reopened for further proceedings upon consent of the county
collector and county assessor, represented by the State's Attorney, and (ii) a
new final judgment is subsequently entered pursuant to the certificate. This
subsection (b) shall be construed as declarative of existing law and not as a
new enactment.
(c) No certificate of error, other than a certificate to establish an
exemption under Section 14-25, shall be executed for any tax year more than 3
years after the date on which the annual judgment and order of sale for that
tax year was first entered, except that during calendar years 1999 and 2000 a
certificate of error may
be
executed
for any tax year, provided that the error or mistake in the assessment was
discovered no
more than 3 years after the date on which the annual judgment and order of sale
for that
tax year was first entered.
(d) The time limitation of subsection (c) shall not apply to a certificate
of error correcting an assessment to $1 under Section 10-35 if,
during the tax year for which the certificate is executed, the subdivision, association, or
planned development used the parcel as common area, as defined in Section
10-35.
(e) The changes made by this amendatory Act of the 91st General
Assembly apply to certificates
of error issued before, on, and after the effective date of this amendatory Act
of the 91st General Assembly.
(f) The changes made by this amendatory Act of the 103rd General
Assembly apply to certificates of error issued on or after the effective date of this amendatory Act of the 103rd General Assembly for taxable years 2004 or thereafter.
(Source: P.A. 103-662, eff. 1-1-25.)
|
35 ILCS 200/14-20
(35 ILCS 200/14-20)
Sec. 14-20. Certificate of error; counties of less than 3,000,000. In any
county with less than 3,000,000 inhabitants, if, at any time before judgment or
order of sale is entered in any proceeding to collect or to enjoin the
collection of taxes based upon any assessment of any property, the chief county
assessment officer discovers an error or mistake in the assessment (other than
errors of judgment as to the valuation of the property), he or she shall issue
to the person erroneously assessed a certificate setting forth the nature of
the error and the cause or causes of the error.
In any county with less than 3,000,000 inhabitants, if an owner fails to
file
an application for any homestead exemption provided under Article 15 during the previous assessment year and qualifies
for the exemption, the Chief County Assessment Officer pursuant to this
Section,
or the Board of Review pursuant to Section 16-75, shall issue a
certificate of error setting forth the correct taxable valuation of the
property.
The certificate, when properly
endorsed by the majority of the board of review, showing their concurrence, and
not otherwise, may be used in evidence in any court of competent jurisdiction,
and when so introduced in evidence, shall become a part of the court record and
shall not be removed from the files except on an order of the court.
(Source: P.A. 96-522, eff. 8-14-09.)
|
35 ILCS 200/14-25
(35 ILCS 200/14-25)
Sec. 14-25.
Certificate of error; tax exempt property.
If an exemption is
approved by the Department or by a final court decision in proceedings to
review an exemption decision of the Department under the Administrative Review
Law then a certificate of error shall be issued under Section 14-15 or
14-20
if one of the following is met:
(a) If the property became eligible for the exemption at an
earlier time, a
certificate of error shall be issued
for
the period of eligibility, but in no event, except as otherwise provided in
this subsection (a), for more than the 3 assessment years
immediately preceding the assessment year for which the exemption was
approved. A certificate of error
shall be issued for the period of eligibility, but in no
event for more than the 5 assessment years immediately preceding the assessment
year for which the exemption was approved, if the municipality requests the
certificate of error before January 1, 1995.
(b) If the property is subsequently erroneously assessed as non-exempt,
that
error shall be remedied by the issuance of a certificate of error.
(c) If the owner failed to file an application for exemption, or a
certificate
of status under Section 15-10, for an assessment year following the assessment
year for which the exemption was approved and the property remains eligible for
exemption for the following year.
(Source: P.A. 88-455; 88-660, eff. 9-16-94.)
|
35 ILCS 200/14-30
(35 ILCS 200/14-30)
Sec. 14-30.
Hearings on revisions or corrections; public records.
In all
counties, all hearings held by the chief county assessment officer in support
of or in opposition to a proposed revision or correction in assessed valuation
shall be open to the public. All files maintained by the chief county
assessment officer relating to the assessed valuation of any property, and all
complaints, supporting documents, and other evidence submitted by the
complainant shall be available for public inspection during regular office
hours of the chief county assessment officer.
If a property owner wishes to support his or her request for a revision
or correction of valuation by facts set forth in income tax returns, he or she
shall submit the entire return to the chief county assessment officer. However,
only the portions of the return relating to the property for which a
revision or correction is requested shall be a public record. If requested
by the chief county assessment officer, the property owner shall execute a
consent in favor of the chief county assessment officer instructing the taxing
body with which the income tax return was filed to furnish a certified copy of
the return so that the accuracy of the copy submitted to the chief county
assessment officer may be verified.
The chief county assessment officer shall promptly furnish to any person
copies of all complaints, supporting documents and other evidence submitted by
a complainant, subject to the foregoing qualification, and all public records
of the chief county assessment officer for a fee of 35 cents per page of legal
size or smaller and $1 for each larger page.
(Source: P.A. 77-1709; 88-455.)
|
35 ILCS 200/14-35
(35 ILCS 200/14-35)
Sec. 14-35.
Hearings by county assessor; counties of 3,000,000 or more.
In counties with 3,000,000 or more inhabitants, the county
assessor each year
shall sit for the purpose of revising the assessments.
The time of the sittings
shall be set by the county assessor by
notice as herein provided
after the
assessment books for one or more townships or taxing districts have been
completed. The assessments for one or more townships or taxing districts may be
revised at any sitting which may be adjourned from day to day as necessary. At
least one week before each sitting the county assessor
shall
publish a notice,
in some newspaper of general circulation published in the county, of the time
and place of the sitting, the township or townships, taxing district or taxing
districts for which the assessments will be considered at the sitting, and
the time within which applications for revisions of assessment may be made
by taxpayers. The county assessor
shall, upon completion of the
revision of
assessments for any township or taxing district, deliver the assessment books
for the township or taxing district to the board of appeals
(until the first Monday in December 1998 and the board of review
beginning on
the first Monday in December 1998 and thereafter).
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
|
35 ILCS 200/14-40
(35 ILCS 200/14-40)
Sec. 14-40.
Addition of uncollected tax to tax for subsequent year.
If the
tax or assessment on property liable to taxation is prevented from being
collected for any year or years, by a reason other than administrative
error, the amount of the tax or assessment which should
have been paid may be added to the tax on the property for any subsequent year,
in columns designating the year or years.
"Administrative error"
includes but is not limited
to
failure to include
an extension for a taxing district on the tax bill, an error in the
calculations of tax rates or extensions or any other mathematical error by the
county clerk, or a defective coding
by the county, but
does not include a failure by the county to send a tax
bill
to the taxpayer, the failure by the taxpayer to notify the assessor of a
change in the tax-exempt status of property, or any error concerning the
assessment of the property.
(Source: P.A. 88-455; 89-617, eff. 9-1-96.)
|
35 ILCS 200/14-41
(35 ILCS 200/14-41)
Sec. 14-41. Notice and collection of arrearages of property taxes. If a taxpayer owes arrearages of taxes due to an administrative error,
the
county
may not bill, collect, claim a lien for, or sell the arrearages of taxes for
tax
years earlier than the 2 most
recent tax years, including the current tax
year.
If a taxpayer owes arrearages of taxes due to an administrative error, the
county
collector shall send the taxpayer, by certified mail, a notice that
the arrearages of taxes are owed by the taxpayer. If the notice is mailed to
the
taxpayer on or before October 1 in any year, then (i) the county collector may send a separate bill for the arrearages of taxes, which may be due no sooner than 30 days after the due date for the next installment of taxes or (ii) the arrearages of taxes may be added to the tax bill for the following year, in which case the taxes are due
in 2 equal installments on June 1 and September 1 in the following year unless
the county has adopted an accelerated method of billing in which case the
arrearages of taxes may be billed separately and shall be due in equal
installments on the dates on which
each installment of taxes is due in the following year. If
the notice is mailed after
October 1 in any year, then the arrearages of taxes are to be added to the tax
bill for the second year after the notice and are due in 2 equal
installments on June 1 and September 1
in the
second year after the notice unless the county has adopted an accelerated
method of billing in which case the arrearages of taxes may be billed
separately and shall be due in equal
installments on the dates on which each installment of taxes is due in the
second
year after the notice. In no event shall the due dates on the arrearages of taxes be in more than one
tax year. The arrearages of taxes added to a tax bill under this Section are
to be listed separately on the tax bill. "Administrative error"
includes but is not limited
to
failure to include
an extension for a taxing district on the tax bill, an error in the
calculations of tax rates or extensions or any other mathematical error by the
county clerk, or a defective coding
by the county, but
does not
include a failure by the county to send a
tax bill to
the taxpayer, the failure by the taxpayer to notify the assessor of a change
in the tax-exempt status of property, or any error concerning the assessment of
the property.
(Source: P.A. 98-286, eff. 1-1-14.)
|
35 ILCS 200/14-45
(35 ILCS 200/14-45)
Sec. 14-45.
Correction of assessment books by county clerk.
Before delivery
of the assessment books to the assessor for use in making the assessment of the
next year, each county clerk shall correct all errors of whatsoever kind which
he or she may discover, and add the name of the owner, if known, when it does
not already appear, and the description of all property which has been omitted
and is liable to taxation.
(Source: Laws 1939, p. 886; P.A. 88-455.)
|
35 ILCS 200/Tit. 4
(35 ILCS 200/Tit. 4 heading)
TITLE 4.
EXEMPTIONS
|
35 ILCS 200/Art. 15
(35 ILCS 200/Art. 15 heading)
Article 15.
Exemptions
|
35 ILCS 200/15-5
(35 ILCS 200/15-5)
Sec. 15-5. Creation of exemptions. (a) Any person wishing to claim an
exemption for the first time, other than those entities applying under subsection (b) or persons claiming a homestead exemption under Sections
15-165 through 15-180, shall file an application
with the county board of
review or board of appeals, following the procedures of Section
16-70 or
16-130.
In addition, in counties with a population of 3,000,000 or more, the board of
review shall transmit to the county assessor's office, within 14 days of
receipt, a copy of any application that requests exempt status under Section
15-40.
(b) Notwithstanding any provision to the contrary, all properties owned by the entities listed in this subsection and held for future development are exempt from property taxes. Persons applying for an exemption under this subsection are not required to follow the procedures set forth in Section 16-70 or 16-130. To claim an exemption under this subsection, the entities listed below must submit the following documentation to the county board of review: (i) a recorded deed vesting title in the entity and identifying the legal description and property index number for the exempt property; and (ii) an affidavit of use signed by an authorized signor or agent for the entity attesting that the property is being held for future development. Once the board of review confirms that it has received true and accurate copies of the documentation identified in this subsection, the exemption is granted without further review from the Department. If an exemption is approved, the board of review shall direct the county assessor to correct the assessment to reflect the exemption. The decision of the board of review is a final administrative decision subject to review under the Administrative Review Law. The exemption approval process set forth in this subsection shall apply to property owned by any of the following entities and held for future development: (1) County of Cook d/b/a Cook County Land Bank | | (2) South Suburban Land Bank and Development
| | (3) Northern Illinois Land Bank Authority.
(Source: P.A. 102-815, eff. 5-13-22.)
|
35 ILCS 200/15-10
(35 ILCS 200/15-10)
Sec. 15-10. Exempt property; procedures for certification. (a) All property
granted an exemption by the Department pursuant to the requirements of
Section 15-5 and
described in the Sections following Section 15-30 and preceding Section 16-5,
to the extent therein limited, is exempt from taxation.
In order to maintain that exempt status, the titleholder or the owner of the
beneficial interest of any property
that
is exempt must file with the chief county assessment
officer, on or before January 31 of each year (May 31 in the case of property
exempted by Section 15-170), an affidavit stating whether there has been any
change in the ownership or use of the property, the status of the
owner-resident, the satisfaction by a relevant hospital entity of the condition for an exemption under Section 15-86, or that a veteran with a disability who qualifies under Section 15-165
owned and used the property as of January 1 of that year.
The nature of any
change shall be stated in the affidavit. Failure to file an affidavit shall,
in the discretion of the assessment officer, constitute cause to terminate the
exemption of that property, notwithstanding any other provision of this Code.
Owners of 5 or more such exempt parcels within a county may file a single
annual affidavit in lieu of an affidavit for each parcel. The assessment
officer, upon request, shall furnish an affidavit form to the owners, in which
the owner may state whether there has been any change in the ownership or use
of the property or status of the owner or resident as of January 1 of that
year. The owner of 5 or more exempt parcels shall list all the properties
giving the same information for each parcel as required of owners who file
individual affidavits.
(b) However, titleholders or owners of the beneficial interest in any property
exempted under any of the following provisions are not required to
submit an annual filing under this Section:
(1) Section 15-45 (burial grounds) in counties of | | less than 3,000,000 inhabitants and owned by a not-for-profit organization.
|
|
(2) Section 15-40.
(3) Section 15-50 (United States property).
(c) If there is a change in use or ownership, however, notice must be filed
pursuant to Section 15-20.
(d) An application for homestead exemptions shall be filed as provided in
Section 15-170 (senior citizens homestead exemption), Section 15-172 (low-income senior
citizens assessment freeze homestead exemption), and Sections
15-175 (general homestead exemption), 15-176
(general alternative
homestead exemption), and 15-177 (long-time occupant homestead exemption), respectively.
(e) For purposes of determining satisfaction of the condition for an exemption under Section 15-86:
(1) The "year for which exemption is sought" is the
| | year prior to the year in which the affidavit is due.
|
| (2) The "hospital year" is the fiscal year of the
| | relevant hospital entity, or the fiscal year of one of the hospitals in the hospital system if the relevant hospital entity is a hospital system with members with different fiscal years, that ends in the year prior to the year in which the affidavit is due. However, if that fiscal year ends 3 months or less before the date on which the affidavit is due, the relevant hospital entity shall file an interim affidavit based on the currently available information, and shall file a supplemental affidavit within 90 days of date on which the application was due, if the information in the relevant hospital entity's audited financial statements changes the interim affidavit's statement concerning the entity's compliance with the calculation required by Section 15-86.
|
| (3) The affidavit shall be accompanied by an exhibit
| | prepared by the relevant hospital entity showing (A) the value of the relevant hospital entity's services and activities, if any, under items (1) through (7) of subsection (e) of Section 15-86, stated separately for each item, and (B) the value relating to the relevant hospital entity's estimated property tax liability under paragraphs (A), (B), and (C) of item (1) of subsection (g) of Section 15-86; under paragraphs (A), (B), and (C) of item (2) of subsection (g) of Section 15-86; and under item (3) of subsection (g) of Section 15-86.
|
| (Source: P.A. 102-895, eff. 5-23-22.)
|
35 ILCS 200/15-15
(35 ILCS 200/15-15)
Sec. 15-15.
Obligation to file copies of leases or agreements.
If any
property listed as exempt by the chief county assessment officer is leased,
loaned or otherwise made available for profit, the titleholder or the owner of
the beneficial interest shall file with the assessment officer a copy of all
such leases or agreements and a complete description of the premises, so the
chief county assessment officer can ascertain the exact size and location of
the premises in order to create a tax parcel. Failure to file such leases,
agreements or descriptions shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the exemption,
notwithstanding any other provision of this Code.
(Source: P.A. 87-895; 87-1189; 88-455.)
|
35 ILCS 200/15-20
(35 ILCS 200/15-20)
Sec. 15-20. Notification requirements after change in use or ownership. If
any property listed as exempt by the chief county assessment officer has a
change in use, a change in leasehold estate, or a change in titleholder of
record by purchase, grant, taking or transfer, it is the obligation of the
transferee to notify the chief county assessment officer in writing within 90
days of the change. If mailed, the notice shall be sent by certified mail, return receipt
requested, and shall include the name and address of the taxpayer, the legal
description of the property, the address of the property, and the permanent
index number of the property where such number exists. If
notice is provided in person, it shall be provided on a form prescribed
by the chief county assessment officer, and the chief county assessment
officer shall provide a date stamped copy of the notice. Except as
provided in item (6) of subsection (a) of Section 9-260, item (6) of
Section 16-135, and item (6) of Section 16-140 of this Code, if the failure to give
such notification results in the assessment officer listing the property as
exempt in subsequent years, the property shall be considered omitted property
for purposes of this Code.
(Source: P.A. 96-1553, eff. 3-10-11.)
|
35 ILCS 200/15-25
(35 ILCS 200/15-25)
Sec. 15-25. Removal of exemptions. If the Department determines that any
property has been unlawfully exempted from taxation, or is no longer entitled
to exemption, the Department shall, before January 1 of any year, direct the
chief county assessment officer to assess the property and return it to the
assessment rolls for the next assessment year. The Department shall give
notice of its decision to the owner of the property by certified mail. The
decision shall be subject to review and hearing under Section 8-35, upon
application by the owner filed within 60 days after the notice of
decision is
mailed. However, the extension of taxes on the assessment shall not be delayed
by any proceedings under this Section. If the property is determined to be
exempt, any taxes extended upon the assessment shall be abated or, if already
paid, be refunded.
(Source: P.A. 95-331, eff. 8-21-07.)
|
35 ILCS 200/15-30
(35 ILCS 200/15-30)
Sec. 15-30.
Payment to taxing districts for services.
Any taxing district
may enter into a mutually acceptable agreement with the owner of any exempt
property whereby the owner agrees to make payments to the taxing district for
the direct and indirect cost of services provided by the district. However, an
agreement is not required to establish tax exempt status for the property,
nor shall a taxing district use the absence of an
agreement to defer or delay zoning changes, site exceptions from zoning, or
other administrative measures to coerce an owner of property exempt from
taxation to enter into an agreement to make voluntary payments in lieu of
property taxes for the direct or indirect costs of services provided by the
taxing district. However, any such zoning change, site exception from zoning,
or other variance or special use granted by a municipality shall be reversed
and returned to its prior status if the property is acquired by a taxable
entity or used for a taxable purpose within 10 years after the change in
zoning, site exception from zoning, or other variance or special use is
granted. No agreement may be of more than 5 years duration, survive a
change of use, or require payments in excess of taxes reasonably calculated to
be due if such an agreement were not in effect and the property were not
granted an exemption. An agreement may be renewed for periods of no more than 5
years.
(Source: P.A. 87-895; 87-1189; 88-455; incorporates 88-234;
88-670, eff. 12-2-94.)
|
35 ILCS 200/15-35
(35 ILCS 200/15-35)
Sec. 15-35.
Schools.
All property donated by the United States for school
purposes, and all property of schools, not sold or leased or otherwise used
with a view to profit, is exempt, whether owned by a resident or non-resident
of this State or by a corporation incorporated in any state of the United
States. Also exempt is:
(a) property of schools which is leased to a | | municipality to be used for municipal purposes on a not-for-profit basis;
|
|
(b) property of schools on which the schools are
| | located and any other property of schools used by the schools exclusively for school purposes, including, but not limited to, student residence halls, dormitories and other housing facilities for students and their spouses and children, staff housing facilities, and school-owned and operated dormitory or residence halls occupied in whole or in part by students who belong to fraternities, sororities, or other campus organizations;
|
|
(c) property donated, granted, received or used for
| | public school, college, theological seminary, university, or other educational purposes, whether held in trust or absolutely;
|
|
(d) in counties with more than 200,000 inhabitants
| | which classify property, property (including interests in land and other facilities) on or adjacent to (even if separated by a public street, alley, sidewalk, parkway or other public way) the grounds of a school, if that property is used by an academic, research or professional society, institute, association or organization which serves the advancement of learning in a field or fields of study taught by the school and which property is not used with a view to profit;
|
|
(e) property owned by a school district. The
| | exemption under this subsection is not affected by any transaction in which, for the purpose of obtaining financing, the school district, directly or indirectly, leases or otherwise transfers the property to another for which or whom property is not exempt and immediately after the lease or transfer enters into a leaseback or other agreement that directly or indirectly gives the school district a right to use, control, and possess the property. In the case of a conveyance of the property, the school district must retain an option to purchase the property at a future date or, within the limitations period for reverters, the property must revert back to the school district.
|
|
(1) If the property has been conveyed as
| | described in this subsection, the property is no longer exempt under this Section as of the date when:
|
|
(A) the right of the school district to use,
| | control, and possess the property is terminated;
|
|
(B) the school district no longer has an
| | option to purchase or otherwise acquire the property; and
|
|
(C) there is no provision for a reverter of
| | the property to the school district within the limitations period for reverters.
|
|
(2) Pursuant to Sections 15-15 and 15-20 of this
| | Code, the school district shall notify the chief county assessment officer of any transaction under this subsection. The chief county assessment officer shall determine initial and continuing compliance with the requirements of this subsection for tax exemption. Failure to notify the chief county assessment officer of a transaction under this subsection or to otherwise comply with the requirements of Sections 15-15 and 15-20 of this Code shall, in the discretion of the chief county assessment officer, constitute cause to terminate the exemption, notwithstanding any other provision of this Code.
|
|
(3) No provision of this subsection shall be
| | construed to affect the obligation of the school district to which an exemption certificate has been issued under this Section from its obligation under Section 15-10 of this Code to file an annual certificate of status or to notify the chief county assessment officer of transfers of interest or other changes in the status of the property as required by this Code.
|
|
(4) The changes made by this amendatory Act of
| | the 91st General Assembly are declarative of existing law and shall not be construed as a new enactment; and
|
|
(f) in counties with more than 200,000 inhabitants
| | which classify property, property of a corporation, which is an exempt entity under paragraph (3) of Section 501(c) of the Internal Revenue Code or its successor law, used by the corporation for the following purposes: (1) conducting continuing education for professional development of personnel in energy-related industries; (2) maintaining a library of energy technology information available to students and the public free of charge; and (3) conducting research in energy and environment, which research results could be ultimately accessible to persons involved in education.
|
|
(Source: P.A. 91-513, eff. 8-13-99; 91-578, eff.
8-14-99; 92-16, eff. 6-28-01.)
|
35 ILCS 200/15-37 (35 ILCS 200/15-37) Sec. 15-37. Educational trade schools. Property that is owned by a non-profit trust fund and used exclusively for the purposes of educating and training individuals for occupational, trade, and technical careers and is certified by the United States Department of Labor as registered with the Office of Apprenticeship is exempt.
(Source: P.A. 102-16, eff. 6-17-21.) |
35 ILCS 200/15-40 (35 ILCS 200/15-40) Sec. 15-40. Religious purposes, orphanages, or school and religious purposes. (a) Property used exclusively for: (1) religious purposes, or (2) school and religious purposes, or (3) orphanages qualifies for exemption as long as it is not used with a view to profit. (b) Property that is owned by (1) churches or (2) religious institutions or (3) religious denominations and that is used in conjunction therewith as housing facilities provided for ministers (including bishops, district superintendents and similar church officials whose ministerial duties are not limited to a single congregation), their spouses, children and domestic workers, performing the duties of their vocation as ministers at such churches or religious institutions or for such religious denominations, including the convents and monasteries where persons engaged in religious activities reside also qualifies for exemption. A parsonage, convent or monastery or other housing facility shall be considered under this Section to be exclusively used for religious purposes when the persons who perform religious related activities shall, as a condition of their employment or association, reside in the facility. (c) In Cook County, whenever any interest in a property exempt under this Section is transferred, notice of that transfer must be filed with the county clerk. The chief county assessment officer shall prepare and make available a form notice for this purpose. Whenever a notice is filed, the county clerk shall transmit a copy of that recorded notice to the chief county assessment officer within 14 days after receipt. (Source: P.A. 103-592, eff. 6-7-24.) |
35 ILCS 200/15-45
(35 ILCS 200/15-45)
Sec. 15-45.
Cemetery purposes.
All property used exclusively for cemetery
purposes is
exempt. Property used exclusively for cemetery purposes includes cemetery
grounds and improvements such as offices,
maintenance buildings, mausoleums, and other structures in which human or
cremated remains are buried, interred, entombed, or inurned and real property
that is used exclusively in the establishment, operation, administration,
preservation, security, repair, or maintenance of the cemetery.
(Source: P.A. 92-733, eff. 7-25-02.)
|
35 ILCS 200/15-50
(35 ILCS 200/15-50)
Sec. 15-50.
United States property.
All property of
the United States is exempt, except such property as the United
States has permitted or may permit to be taxed.
(Source: Laws 1959, p. 1549, 1554, 2219, and 2224; P.A. 88-455.)
|
35 ILCS 200/15-55 (35 ILCS 200/15-55)
Sec. 15-55. State property.
(a) All property belonging to the State of Illinois
is exempt. However, the State agency holding title shall file the certificate
of ownership and use required by Section 15-10, together with a copy of any
written lease or agreement, in effect on March 30 of the assessment year,
concerning parcels of 1 acre or more, or an explanation of the terms of any
oral agreement under which the property is leased, subleased or rented.
The leased property shall be assessed to the lessee and the taxes thereon
extended and billed to the lessee, and collected in the same manner as
for property which is not exempt. The lessee shall be liable
for the taxes and no lien shall attach to the property of the State.
For the purposes of this Section, the word "leases" includes
licenses, franchises, operating agreements and other arrangements under which
private individuals, associations or corporations are granted the right to use
property of the Illinois State Toll Highway Authority and includes all property
of the Authority used by others without regard to the size of the leased
parcel.
(b) However, all property of every kind belonging to the State of
Illinois, which
is or may hereafter be leased to the Illinois Prairie Path Corporation, shall
be exempt from all assessments, taxation or collection, despite the making of
any such lease, if it is used for:
(1) conservation, nature trail or any other | | charitable, scientific, educational or recreational purposes with public benefit, including the preserving and aiding in the preservation of natural areas, objects, flora, fauna or biotic communities;
|
|
(2) the establishment of footpaths, trails and other
| |
(3) the conservation of the proper use of natural
| | resources or the promotion of the study of plant and animal communities and of other phases of ecology, natural history and conservation;
|
|
(4) the promotion of education in the fields of
| | nature, preservation and conservation; or
|
|
(5) similar public recreational activities conducted
| | by the Illinois Prairie Path Corporation.
|
|
No lien shall attach to the property of the State. No tax liability shall
become the obligation of or be enforceable against Illinois Prairie Path
Corporation.
(c) If the State sells the
James R.
Thompson Center
or the Elgin Mental Health Center and surrounding land located at 750 S.
State Street,
Elgin, Illinois, as provided in subdivision (a)(2) of Section 7.4 of
the State Property Control Act,
to
another entity whose property is not exempt and immediately thereafter enters
into a
leaseback or other agreement that directly or indirectly gives the State a
right to use,
control, and possess the property, that portion of the property leased and
occupied exclusively by the State shall remain exempt under this
Section.
For the property to remain exempt under this subsection (c), the State must
retain an
option to purchase the property at a future date or, within the limitations
period for
reverters, the property must revert back to the State.
If the property has been conveyed as described in this subsection (c), the
property
is no longer exempt pursuant to this Section as of the date when:
(1) the right of the State to use, control, and
| | possess the property has been terminated; or
|
|
(2) the State no longer has an option to purchase or
| | otherwise acquire the property and there is no provision for a reverter of the property to the State within the limitations period for reverters.
|
|
Pursuant to Sections 15-15 and 15-20 of this Code, the State shall notify the
chief
county assessment officer of any transaction under this subsection (c). The
chief county
assessment officer shall determine initial and continuing compliance with the
requirements of this Section for tax exemption. Failure to notify the chief
county
assessment officer of a transaction under this subsection (c) or to otherwise
comply with
the requirements of Sections 15-15 and 15-20 of this Code shall, in the
discretion of the
chief county assessment officer, constitute cause to terminate the exemption,
notwithstanding any other provision of this Code.
(c-1) If the Illinois State Toll Highway Authority sells the
Illinois State Toll Highway Authority headquarters building and surrounding
land,
located at 2700 Ogden Avenue, Downers Grove, Illinois
as provided in subdivision (a)(2) of Section 7.5 of
the State Property Control Act,
to
another entity whose property is not exempt and immediately thereafter enters
into a
leaseback or other agreement that directly or indirectly gives the State or the
Illinois State Toll Highway Authority a
right to use,
control, and possess the property, that portion of the property leased and
occupied exclusively by the State or the Authority shall remain exempt under
this
Section.
For the property to remain exempt under this subsection (c), the Authority must
retain an
option to purchase the property at a future date or, within the limitations
period for
reverters, the property must revert back to the Authority.
If the property has been conveyed as described in this subsection (c), the
property
is no longer exempt pursuant to this Section as of the date when:
(1) the right of the State or the Authority to use,
| | control, and possess the property has been terminated; or
|
|
(2) the Authority no longer has an option to purchase
| | or otherwise acquire the property and there is no provision for a reverter of the property to the Authority within the limitations period for reverters.
|
|
Pursuant to Sections 15-15 and 15-20 of this Code, the Authority
shall notify the
chief
county assessment officer of any transaction under this subsection (c). The
chief county
assessment officer shall determine initial and continuing compliance with the
requirements of this Section for tax exemption. Failure to notify the chief
county
assessment officer of a transaction under this subsection (c) or to otherwise
comply with
the requirements of Sections 15-15 and 15-20 of this Code shall, in the
discretion of the
chief county assessment officer, constitute cause to terminate the exemption,
notwithstanding any other provision of this Code.
(d) For tax years prior to 2019, the fair market rent of each parcel of real property in Will
County owned by the State of Illinois for the purpose of developing an airport
by the Department of Transportation shall include the assessed value of
leasehold tax. The lessee of each parcel of real property in Will
County owned by
the
State of Illinois for the purpose of developing an airport by the Department of
Transportation shall not be liable for the taxes thereon. In order for the
State to
compensate taxing districts for
the loss of revenue under this paragraph,
the Will County Supervisor of Assessments shall
annually certify, in
writing, to the
Department of Transportation, the following amounts: (1) for tax years prior to 2019, the amount of leasehold taxes
extended for the 2002 property tax
year for
each such exempt parcel; and (2) for tax years 2019 through 2030, the amount of taxes that would have been extended for the current tax year for each such exempt parcel if those parcels had been owned by a person whose property is not exempt.
The Department of Transportation shall pay to the Will
County
Treasurer, from the Tax Recovery Fund, on or before July 1 of each
year, the amount certified
by the Will County Supervisor of Assessments. The tax compensation shall
terminate
on
December 31, 2030. It is the duty of the Department of Transportation to file
with the
Office of the Will County Supervisor of Assessments an affidavit stating the
termination
date for rental of each such parcel due to airport construction. The affidavit
shall include
the property identification number for each such parcel. In no instance shall
tax
compensation for property owned by the State be deemed delinquent or bear
interest. In
no instance shall a lien attach to the property of the State. In no instance
shall the State
be required to pay compensation under this subsection in excess of the lesser of (i) the Tax
Recovery Fund's balance or (ii) $600,000 in any tax year.
(e) Public Act 81-1026 applies to all leases or agreements entered into
or
renewed on or after September 24, 1979.
(f) Notwithstanding anything to the contrary in this Code, all property owned by the State that is the Illiana Expressway, as defined in the Public Private Agreements for the Illiana Expressway Act, and that is used for transportation purposes and that is leased for those purposes to another entity whose property is not exempt shall remain exempt, and any leasehold interest in the property shall not be subject to taxation under Section 9-195 of this Act.
(g) Notwithstanding anything to the contrary in this Section, all property owned by the State or the Illinois State Toll Highway Authority that is defined as a transportation project under the Public-Private Partnerships for Transportation Act and that is used for transportation purposes and that is leased for those purposes to another entity whose property is not exempt shall remain exempt, and any leasehold interest in the property shall not be subject to taxation under Section 9-195 of this Act.
(h) Notwithstanding anything to the contrary in this Code, all property owned by the State that is the South Suburban Airport, as defined in the Public-Private Agreements for the South Suburban Airport Act, and that is used for airport purposes and that is leased for those purposes to another entity whose property is not exempt shall remain exempt, and any leasehold interest in the property shall not be subject to taxation under Section 9-195 of this Act.
(Source: P.A. 101-532, eff. 8-23-19.)
|
35 ILCS 200/15-60
(35 ILCS 200/15-60)
Sec. 15-60. Taxing district property. All property belonging to any county
or municipality used exclusively for the maintenance of the poor is exempt,
as is all property owned by a taxing district that is being held for future
expansion or development, except if leased by the taxing district to lessees
for use for other than public purposes.
Also exempt are:
(a) all swamp or overflowed lands belonging to any | |
(b) all public buildings belonging to any county,
| | township, or municipality, with the ground on which the buildings are erected;
|
|
(c) all property owned by any municipality located
| | within its incorporated limits. Any such property leased by a municipality shall remain exempt, and the leasehold interest of the lessee shall be assessed under Section 9-195 of this Act, (i) for a lease entered into on or after January 1, 1994, unless the lease expressly provides that this exemption shall not apply; (ii) for a lease entered into on or after the effective date of Public Act 87-1280 and before January 1, 1994, unless the lease expressly provides that this exemption shall not apply or unless evidence other than the lease itself substantiates the intent of the parties to the lease that this exemption shall not apply; and (iii) for a lease entered into before the effective date of Public Act 87-1280, if the terms of the lease do not bind the lessee to pay the taxes on the leased property or if, notwithstanding the terms of the lease, the municipality has filed or hereafter files a timely exemption petition or complaint with respect to property consisting of or including the leased property for an assessment year which includes part or all of the first 12 months of the lease period. The foregoing clause (iii) added by Public Act 87-1280 shall not operate to exempt property for any assessment year as to which no timely exemption petition or complaint has been filed by the municipality or as to which an administrative or court decision denying exemption has become final and nonappealable. For each assessment year or portion thereof that property is made exempt by operation of the foregoing clause (iii), whether such year or portion is before or after the effective date of Public Act 87-1280, the leasehold interest of the lessee shall, if necessary, be considered omitted property for purposes of this Act;
|
|
(c-5) Notwithstanding clause (i) of subsection (c),
| | or any other law to the contrary, for a municipality with a population over 100,000, all property owned by the municipality, or property interests or rights held by the municipality, regardless of whether such property, interests, or rights are, in whole or in part, within or without its corporate limits, that is used for toll road or toll bridge purposes and that is leased or licensed for those purposes to another entity whose property or property interests or rights are not exempt shall remain exempt, and any leasehold interest in such property, interest, or rights shall not be subject to taxation under Section 9-195 of this Code;
|
|
(d) all property owned by any municipality located
| | outside its incorporated limits but within the same county when used as a tuberculosis sanitarium, farm colony in connection with a house of correction, or nursery, garden, or farm, or for the growing of shrubs, trees, flowers, vegetables, and plants for use in beautifying, maintaining, and operating playgrounds, parks, parkways, public grounds, buildings, and institutions owned or controlled by the municipality;
|
|
(e) all property owned by a township and operated as
| | senior citizen housing under Sections 35-50 through 35-50.6 of the Township Code; and
|
| (f) all property owned by the Executive Board of the
| | Mutual Aid Box Alarm System (MABAS), a unit of intergovernmental cooperation, that is used for the public purpose of disaster preparedness and response for units of local government and the State of Illinois pursuant to Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act.
|
|
All property owned by any municipality outside of its corporate limits is
exempt if used exclusively for municipal or public purposes.
For purposes of this Section, "municipality" means a municipality, as
defined in Section 1-1-2 of the Illinois Municipal Code.
(Source: P.A. 101-398, eff. 8-16-19.)
|
35 ILCS 200/15-65 (35 ILCS 200/15-65) Sec. 15-65. Charitable purposes. All property of the following is exempt when actually and exclusively used for charitable or beneficent purposes, and not leased or otherwise used with a view to profit: (a) Institutions of public charity. (b) Beneficent and charitable organizations | | incorporated in any state of the United States, including organizations whose owner, and no other person, uses the property exclusively for the distribution, sale, or resale of donated goods and related activities and uses all the income from those activities to support the charitable, religious or beneficent activities of the owner, whether or not such activities occur on the property.
|
| (c) Old people's homes, facilities for persons with a
| | developmental disability, and not-for-profit organizations providing services or facilities related to the goals of educational, social and physical development, if, upon making application for the exemption, the applicant provides affirmative evidence that the home or facility or organization is an exempt organization under paragraph (3) of Section 501(c) of the Internal Revenue Code or its successor, and either: (i) the bylaws of the home or facility or not-for-profit organization provide for a waiver or reduction, based on an individual's ability to pay, of any entrance fee, assignment of assets, or fee for services, or (ii) the home or facility is qualified, built or financed under Section 202 of the National Housing Act of 1959, as amended.
|
| An applicant that has been granted an exemption under
| | this subsection on the basis that its bylaws provide for a waiver or reduction, based on an individual's ability to pay, of any entrance fee, assignment of assets, or fee for services may be periodically reviewed by the Department to determine if the waiver or reduction was a past policy or is a current policy. The Department may revoke the exemption if it finds that the policy for waiver or reduction is no longer current.
|
| If a not-for-profit organization leases property that
| | is otherwise exempt under this subsection to an organization that conducts an activity on the leased premises that would entitle the lessee to an exemption from real estate taxes if the lessee were the owner of the property, then the leased property is exempt.
|
| (d) Not-for-profit health maintenance organizations
| | certified by the Director of the Illinois Department of Insurance under the Health Maintenance Organization Act, including any health maintenance organization that provides services to members at prepaid rates approved by the Illinois Department of Insurance if the membership of the organization is sufficiently large or of indefinite classes so that the community is benefited by its operation. No exemption shall apply to any hospital or health maintenance organization which has been adjudicated by a court of competent jurisdiction to have denied admission to any person because of race, color, creed, sex or national origin.
|
| (e) All free public libraries.
(f) Historical societies.
Property otherwise qualifying for an exemption under this Section shall not lose its exemption because the legal title is held (i) by an entity that is organized solely to hold that title and that qualifies under paragraph (2) of Section 501(c) of the Internal Revenue Code or its successor, whether or not that entity receives rent from the charitable organization for the repair and maintenance of the property, (ii) by an entity that is organized as a partnership or limited liability company, in which the charitable organization, or an affiliate or subsidiary of the charitable organization, is a general partner of the partnership or managing member of the limited liability company, for the purposes of owning and operating a residential rental property that has received an allocation of Low Income Housing Tax Credits for 100% of the dwelling units under Section 42 of the Internal Revenue Code of 1986, as amended, or (iii) for any assessment year including and subsequent to January 1, 1996 for which an application for exemption has been filed and a decision on which has not become final and nonappealable, by a limited liability company organized under the Limited Liability Company Act provided that (A) the limited liability company's sole member or members, as that term is used in Section 1-5 of the Limited Liability Company Act, are the institutions of public charity that actually and exclusively use the property for charitable and beneficent purposes; and (B) the limited liability company does not lease the property or otherwise use it with a view to profit.
(Source: P.A. 103-954, eff. 8-9-24.)
|
35 ILCS 200/15-66
(35 ILCS 200/15-66)
Sec. 15-66.
Library systems and public library districts.
All property
used exclusively for public purposes belonging to a library system established
under the Illinois Library System Act or belonging to a public library
district established under the Public Library District Act of 1991 is exempt.
(Source: P.A. 91-897, eff. 7-6-00.)
|
35 ILCS 200/15-70
(35 ILCS 200/15-70)
Sec. 15-70.
Fire protection purposes.
All property used exclusively for
fire protection purposes and belonging to any city, village, or incorporated
town is exempt.
All property of a corporation or an association which maintains a fire patrol
and salvage corps for the public benefit is exempt if the property is:
(a) used exclusively for providing suitable rooms, | | housing and storage facilities for fire and rescue equipment, and
|
|
(b) necessary for the accommodation of a fire patrol
| | and salvage corps, or otherwise used exclusively for the purpose of the fire patrol and salvage corps, and
|
|
(c) used to provide a service that is rendered
| | indiscriminately and without charge to the public, except reasonable charges for the use of fire covers after the lapse of 10 days following the occurrence of loss or damage.
|
|
If a portion of the property of the corporation or association is used
exclusively for fire protection purposes, the property shall be exempt only to
the extent of the value of that portion, and the remaining portion shall be
subject to taxation.
(Source: P.A. 83-121; 88-455.)
|
35 ILCS 200/15-75
(35 ILCS 200/15-75)
Sec. 15-75.
Municipal corporations.
All market houses, public squares and
other public grounds owned by a municipal corporation and used exclusively for
public purposes are exempt.
(Source: Laws 1963, p. 1725; P.A. 88-455.)
|
35 ILCS 200/15-80
(35 ILCS 200/15-80)
Sec. 15-80.
Installment purchase of property by a governmental body.
All
property that is being purchased by a governmental body under an installment
contract pursuant to statutory authority and used exclusively for the public
purposes of the governmental body is exempt, except such property as the
governmental body has permitted or may permit to be taxed.
(Source: P.A. 83-1371; 88-455.)
|
35 ILCS 200/15-85
(35 ILCS 200/15-85)
Sec. 15-85.
Agricultural or horticultural societies.
All property used
exclusively by societies for agricultural or horticultural purposes, and not
used with a view to profit, is exempt.
(Source: Laws 1959, p. 1549, 1554, 2219, and 2224; P.A. 88-455.)
|
35 ILCS 200/15-86 (35 ILCS 200/15-86) Sec. 15-86. Exemptions related to access to hospital and health care services by low-income and underserved individuals. (a) The General Assembly finds: (1) Despite the Supreme Court's decision in Provena Covenant Medical Center v. Dept. of Revenue , 236 | | Ill.2d 368, there is considerable uncertainty surrounding the test for charitable property tax exemption, especially regarding the application of a quantitative or monetary threshold. In Provena , the Department stated that the primary basis for its decision was the hospital's inadequate amount of charitable activity, but the Department has not articulated what constitutes an adequate amount of charitable activity. After Provena , the Department denied property tax exemption applications of 3 more hospitals, and, on the effective date of this amendatory Act of the 97th General Assembly, at least 20 other hospitals are awaiting rulings on applications for property tax exemption.
|
| (2) In Provena , two Illinois Supreme Court justices opined
| | that "setting a monetary or quantum standard is a complex decision which should be left to our legislature, should it so choose". The Appellate Court in Provena stated: "The language we use in the State of Illinois to determine whether real property is used for a charitable purpose has its genesis in our 1870 Constitution. It is obvious that such language may be difficult to apply to the modern face of our nation's health care delivery systems". The court noted the many significant changes in the health care system since that time, but concluded that taking these changes into account is a matter of public policy, and "it is the legislature's job, not ours, to make public policy".
|
| (3) It is essential to ensure that tax exemption law
| | relating to hospitals accounts for the complexities of the modern health care delivery system. Health care is moving beyond the walls of the hospital. In addition to treating individual patients, hospitals are assuming responsibility for improving the health status of communities and populations. Low-income and underserved communities benefit disproportionately by these activities.
|
| (4) The Supreme Court has explained that: "the
| | fundamental ground upon which all exemptions in favor of charitable institutions are based is the benefit conferred upon the public by them, and a consequent relief, to some extent, of the burden upon the state to care for and advance the interests of its citizens". Hospitals relieve the burden of government in many ways, but most significantly through their participation in and substantial financial subsidization of the Illinois Medicaid program, which could not operate without the participation and partnership of Illinois hospitals.
|
| (5) Working with the Illinois hospital community and
| | other interested parties, the General Assembly has developed a comprehensive combination of related legislation that addresses hospital property tax exemption, significantly increases access to free health care for indigent persons, and strengthens the Medical Assistance program. It is the intent of the General Assembly to establish a new category of ownership for charitable property tax exemption to be applied to not-for-profit hospitals and hospital affiliates in lieu of the existing ownership category of "institutions of public charity". It is also the intent of the General Assembly to establish quantifiable standards for the issuance of charitable exemptions for such property. It is not the intent of the General Assembly to declare any property exempt ipso facto, but rather to establish criteria to be applied to the facts on a case-by-case basis.
|
| (b) For the purpose of this Section and Section 15-10, the following terms shall have the meanings set forth below:
(1) "Hospital" means any institution, place,
| | building, buildings on a campus, or other health care facility located in Illinois that is licensed under the Hospital Licensing Act and has a hospital owner.
|
| (2) "Hospital owner" means a not-for-profit
| | corporation that is the titleholder of a hospital, or the owner of the beneficial interest in an Illinois land trust that is the titleholder of a hospital.
|
| (3) "Hospital affiliate" means any corporation,
| | partnership, limited partnership, joint venture, limited liability company, association or other organization, other than a hospital owner, that directly or indirectly controls, is controlled by, or is under common control with one or more hospital owners and that supports, is supported by, or acts in furtherance of the exempt health care purposes of at least one of those hospital owners' hospitals.
|
| (4) "Hospital system" means a hospital and one or
| | more other hospitals or hospital affiliates related by common control or ownership.
|
| (5) "Control" relating to hospital owners, hospital
| | affiliates, or hospital systems means possession, direct or indirect, of the power to direct or cause the direction of the management and policies of the entity, whether through ownership of assets, membership interest, other voting or governance rights, by contract or otherwise.
|
| (6) "Hospital applicant" means a hospital owner or
| | hospital affiliate that files an application for a property tax exemption pursuant to Section 15-5 and this Section.
|
| (7) "Relevant hospital entity" means (A) the hospital
| | owner, in the case of a hospital applicant that is a hospital owner, and (B) at the election of a hospital applicant that is a hospital affiliate, either (i) the hospital affiliate or (ii) the hospital system to which the hospital applicant belongs, including any hospitals or hospital affiliates that are related by common control or ownership.
|
| (8) "Subject property" means property for which a
| | hospital applicant files an application for an exemption pursuant to Section 15-5 and this Section.
|
| (9) "Hospital year" means the fiscal year of the
| | relevant hospital entity, or the fiscal year of one of the hospital owners in the hospital system if the relevant hospital entity is a hospital system with members with different fiscal years, that ends in the year for which the exemption is sought.
|
| (c) A hospital applicant satisfies the conditions for an exemption under this Section with respect to the subject property, and shall be issued a charitable exemption for that property, if the value of services or activities listed in subsection (e) for the hospital year equals or exceeds the relevant hospital entity's estimated property tax liability, as determined under subsection (g), for the year for which exemption is sought. For purposes of making the calculations required by this subsection (c), if the relevant hospital entity is a hospital owner that owns more than one hospital, the value of the services or activities listed in subsection (e) shall be calculated on the basis of only those services and activities relating to the hospital that includes the subject property, and the relevant hospital entity's estimated property tax liability shall be calculated only with respect to the properties comprising that hospital. In the case of a multi-state hospital system or hospital affiliate, the value of the services or activities listed in subsection (e) shall be calculated on the basis of only those services and activities that occur in Illinois and the relevant hospital entity's estimated property tax liability shall be calculated only with respect to its property located in Illinois.
Notwithstanding any other provisions of this Act, any parcel or portion thereof, that is owned by a for-profit entity whether part of the hospital system or not, or that is leased, licensed or operated by a for-profit entity regardless of whether healthcare services are provided on that parcel shall not qualify for exemption. If a parcel has both exempt and non-exempt uses, an exemption may be granted for the qualifying portion of that parcel. In the case of parking lots and common areas serving both exempt and non-exempt uses those parcels or portions thereof may qualify for an exemption in proportion to the amount of qualifying use.
(d) The hospital applicant shall include information in its exemption application establishing that it satisfies the requirements of subsection (c). For purposes of making the calculations required by subsection (c), the hospital applicant may for each year elect to use either (1) the value of the services or activities listed in subsection (e) for the hospital year or (2) the average value of those services or activities for the 3 fiscal years ending with the hospital year. If the relevant hospital entity has been in operation for less than 3 completed fiscal years, then the latter calculation, if elected, shall be performed on a pro rata basis.
(e) Services that address the health care needs of low-income or underserved individuals or relieve the burden of government with regard to health care services. The following services and activities shall be considered for purposes of making the calculations required by subsection (c):
(1) Charity care. Free or discounted services
| | provided pursuant to the relevant hospital entity's financial assistance policy, measured at cost, including discounts provided under the Hospital Uninsured Patient Discount Act.
|
| (2) Health services to low-income and underserved
| | individuals. Other unreimbursed costs of the relevant hospital entity for providing without charge, paying for, or subsidizing goods, activities, or services for the purpose of addressing the health of low-income or underserved individuals. Those activities or services may include, but are not limited to: financial or in-kind support to affiliated or unaffiliated hospitals, hospital affiliates, community clinics, or programs that treat low-income or underserved individuals; paying for or subsidizing health care professionals who care for low-income or underserved individuals; providing or subsidizing outreach or educational services to low-income or underserved individuals for disease management and prevention; free or subsidized goods, supplies, or services needed by low-income or underserved individuals because of their medical condition; and prenatal or childbirth outreach to low-income or underserved persons.
|
| (3) Subsidy of State or local governments. Direct or
| | indirect financial or in-kind subsidies of State or local governments by the relevant hospital entity that pay for or subsidize activities or programs related to health care for low-income or underserved individuals.
|
| (4) Support for State health care programs for
| | low-income individuals. At the election of the hospital applicant for each applicable year, either (A) 10% of payments to the relevant hospital entity and any hospital affiliate designated by the relevant hospital entity (provided that such hospital affiliate's operations provide financial or operational support for or receive financial or operational support from the relevant hospital entity) under Medicaid or other means-tested programs, including, but not limited to, General Assistance, the Covering ALL KIDS Health Insurance Act, and the State Children's Health Insurance Program or (B) the amount of subsidy provided by the relevant hospital entity and any hospital affiliate designated by the relevant hospital entity (provided that such hospital affiliate's operations provide financial or operational support for or receive financial or operational support from the relevant hospital entity) to State or local government in treating Medicaid recipients and recipients of means-tested programs, including but not limited to General Assistance, the Covering ALL KIDS Health Insurance Act, and the State Children's Health Insurance Program. The amount of subsidy for purposes of this item (4) is calculated in the same manner as unreimbursed costs are calculated for Medicaid and other means-tested government programs in the Schedule H of IRS Form 990 in effect on the effective date of this amendatory Act of the 97th General Assembly; provided, however, that in any event unreimbursed costs shall be net of fee-for-services payments, payments pursuant to an assessment, quarterly payments, and all other payments included on the schedule H of the IRS form 990.
|
| (5) Dual-eligible subsidy. The amount of subsidy
| | provided to government by treating dual-eligible Medicare/Medicaid patients. The amount of subsidy for purposes of this item (5) is calculated by multiplying the relevant hospital entity's unreimbursed costs for Medicare, calculated in the same manner as determined in the Schedule H of IRS Form 990 in effect on the effective date of this amendatory Act of the 97th General Assembly, by the relevant hospital entity's ratio of dual-eligible patients to total Medicare patients.
|
| (6) Relief of the burden of government related to
| | health care of low-income individuals. Except to the extent otherwise taken into account in this subsection, the portion of unreimbursed costs of the relevant hospital entity attributable to providing, paying for, or subsidizing goods, activities, or services that relieve the burden of government related to health care for low-income individuals. Such activities or services shall include, but are not limited to, providing emergency, trauma, burn, neonatal, psychiatric, rehabilitation, or other special services; providing medical education; and conducting medical research or training of health care professionals. The portion of those unreimbursed costs attributable to benefiting low-income individuals shall be determined using the ratio calculated by adding the relevant hospital entity's costs attributable to charity care, Medicaid, other means-tested government programs, Medicare patients with disabilities under age 65, and dual-eligible Medicare/Medicaid patients and dividing that total by the relevant hospital entity's total costs. Such costs for the numerator and denominator shall be determined by multiplying gross charges by the cost to charge ratio taken from the hospitals' most recently filed Medicare cost report (CMS 2252-10 Worksheet C, Part I). In the case of emergency services, the ratio shall be calculated using costs (gross charges multiplied by the cost to charge ratio taken from the hospitals' most recently filed Medicare cost report (CMS 2252-10 Worksheet C, Part I)) of patients treated in the relevant hospital entity's emergency department.
|
| (7) Any other activity by the relevant hospital
| | entity that the Department determines relieves the burden of government or addresses the health of low-income or underserved individuals.
|
| (f) For purposes of making the calculations required by subsections (c) and (e):
(1) particular services or activities eligible for
| | consideration under any of the paragraphs (1) through (7) of subsection (e) may not be counted under more than one of those paragraphs; and
|
| (2) the amount of unreimbursed costs and the amount
| | of subsidy shall not be reduced by restricted or unrestricted payments received by the relevant hospital entity as contributions deductible under Section 170(a) of the Internal Revenue Code.
|
| (g) Estimation of Exempt Property Tax Liability. The estimated property tax liability used for the determination in subsection (c) shall be calculated as follows:
(1) "Estimated property tax liability" means the
| | estimated dollar amount of property tax that would be owed, with respect to the exempt portion of each of the relevant hospital entity's properties that are already fully or partially exempt, or for which an exemption in whole or in part is currently being sought, and then aggregated as applicable, as if the exempt portion of those properties were subject to tax, calculated with respect to each such property by multiplying:
|
| (A) the lesser of (i) the actual assessed value,
| | if any, of the portion of the property for which an exemption is sought or (ii) an estimated assessed value of the exempt portion of such property as determined in item (2) of this subsection (g), by:
|
| (B) the applicable State equalization rate
| | (yielding the equalized assessed value), by
|
| (C) the applicable tax rate.
(2) The estimated assessed value of the exempt
| | portion of the property equals the sum of (i) the estimated fair market value of buildings on the property, as determined in accordance with subparagraphs (A) and (B) of this item (2), multiplied by the applicable assessment factor, and (ii) the estimated assessed value of the land portion of the property, as determined in accordance with subparagraph (C).
|
| (A) The "estimated fair market value of buildings
| | on the property" means the replacement value of any exempt portion of buildings on the property, minus depreciation, determined utilizing the cost replacement method whereby the exempt square footage of all such buildings is multiplied by the replacement cost per square foot for Class A Average building found in the most recent edition of the Marshall & Swift Valuation Services Manual, adjusted by any appropriate current cost and local multipliers.
|
| (B) Depreciation, for purposes of calculating the
| | estimated fair market value of buildings on the property, is applied by utilizing a weighted mean life for the buildings based on original construction and assuming a 40-year life for hospital buildings and the applicable life for other types of buildings as specified in the American Hospital Association publication "Estimated Useful Lives of Depreciable Hospital Assets". In the case of hospital buildings, the remaining life is divided by 40 and this ratio is multiplied by the replacement cost of the buildings to obtain an estimated fair market value of buildings. If a hospital building is older than 35 years, a remaining life of 5 years for residual value is assumed; and if a building is less than 8 years old, a remaining life of 32 years is assumed.
|
| (C) The estimated assessed value of the land
| | portion of the property shall be determined by multiplying (i) the per square foot average of the assessed values of three parcels of land (not including farm land, and excluding the assessed value of the improvements thereon) reasonably comparable to the property, by (ii) the number of square feet comprising the exempt portion of the property's land square footage.
|
| (3) The assessment factor, State equalization rate,
| | and tax rate (including any special factors such as Enterprise Zones) used in calculating the estimated property tax liability shall be for the most recent year that is publicly available from the applicable chief county assessment officer or officers at least 90 days before the end of the hospital year.
|
| (4) The method utilized to calculate estimated
| | property tax liability for purposes of this Section 15-86 shall not be utilized for the actual valuation, assessment, or taxation of property pursuant to the Property Tax Code.
|
| (h) Application. Each hospital applicant applying for a property tax exemption pursuant to Section 15-5 and this Section shall use an application form provided by the Department. The application form shall specify the records required in support of the application and those records shall be submitted to the Department with the application form. Each application or affidavit shall contain a verification by the Chief Executive Officer of the hospital applicant under oath or affirmation stating that each statement in the application or affidavit and each document submitted with the application or affidavit are true and correct. The records submitted with the application pursuant to this Section shall include an exhibit prepared by the relevant hospital entity showing (A) the value of the relevant hospital entity's services and activities, if any, under paragraphs (1) through (7) of subsection (e) of this Section stated separately for each paragraph, and (B) the value relating to the relevant hospital entity's estimated property tax liability under subsections (g)(1)(A), (B), and (C), subsections (g)(2)(A), (B), and (C), and subsection (g)(3) of this Section stated separately for each item. Such exhibit will be made available to the public by the chief county assessment officer. Nothing in this Section shall be construed as limiting the Attorney General's authority under the Illinois False Claims Act.
(i) Nothing in this Section shall be construed to limit the ability of otherwise eligible hospitals, hospital owners, hospital affiliates, or hospital systems to obtain or maintain property tax exemptions pursuant to a provision of the Property Tax Code other than this Section.
(Source: P.A. 99-143, eff. 7-27-15.)
|
35 ILCS 200/15-90
(35 ILCS 200/15-90)
Sec. 15-90.
Military schools and academies.
All property of military schools
and academies is exempt, including buildings, equipment and lands, not
exceeding 10 acres, if used exclusively for school purposes and wherein
military science and instruction are part of the course of study and are
regularly taught, and where there is detailed by the Department of the Army at
Washington, D. C., an officer from the United States Army, as Professor of
Military Science and Tactics, and the graduates of which are eligible to
appointment as Brevet Second Lieutenants in the Illinois National Guard, or are
eligible to appointment as Second Lieutenants in the Officers' Reserve Corps of
the United States Army.
(Source: Laws 1959, p. 1549, 1554, 2219, and 2224; P.A. 88-455.)
|
35 ILCS 200/15-95
(35 ILCS 200/15-95)
Sec. 15-95. Housing authorities. (a) All property of housing authorities created
under the Housing Authorities Act is exempt, if the property and improvements
are used for low rent housing and related uses. However, property or portions
thereof intended or used for stores or other commercial purposes are not
exempt. Nothing herein shall exempt property of housing authorities or any part
thereof from special assessments or special taxation for local improvements.
Nothing contained in this Section shall be construed as limiting the power of
any political subdivision of this State to sell or furnish a housing authority
with water, electricity, gas, or other services and facilities under the same
basis that those services and facilities are rendered to others under similar
circumstances.
(b) Property otherwise qualifying for an exemption under this Section shall not lose its exemption because the legal title is held by either: (i) an entity that is organized as a partnership or limited liability company, in which the housing authority, or an affiliate or subsidiary of the housing authority, is a general partner of the partnership or managing member of the limited liability company; or (ii) an entity that is organized as a partnership or limited liability company, in which the housing authority, or an affiliate or subsidiary of the housing authority, is a general partner of the partnership or managing member of the limited liability company, for the purposes of owning and operating a residential rental property that has received an allocation of Low Income Housing Tax Credits for 100% of the dwelling units under Section 42 of the Internal Revenue Code of 1986, as amended. (Source: P.A. 97-451, eff. 8-19-11.)
|
35 ILCS 200/15-100
(35 ILCS 200/15-100)
Sec. 15-100.
Public transportation systems.
(a) All property belonging to any
municipal corporation created for the sole purpose of owning and operating a
transportation system for public service is exempt.
(b) Property owned by
(i) a municipal corporation of 500,000 or more
inhabitants, used for public transportation purposes, and
operated by the Chicago Transit Authority;
(ii) the Regional Transportation Authority;
(iii) any
service board or division of the Regional Transportation Authority; (iv) the
Northeast Illinois Regional Commuter Railroad Corporation; or
(v) the Chicago Transit Authority
shall be exempt.
For purposes of this Section alone,
the Regional Transportation Authority, any service board or division of the
Regional Transportation Authority, the Northeast Illinois Regional Commuter
Railroad Corporation, the Chicago Transit Authority, or a
municipal corporation, as defined in item (i),
shall be deemed an "eligible transportation authority". The
exemption provided in this subsection shall not be affected by any transaction
in which, for
the purpose of obtaining financing, the eligible transportation authority,
directly or
indirectly, leases or otherwise transfers such property to another whose
property is not exempt and immediately thereafter enters into a leaseback or
other agreement that directly or indirectly gives the eligible transportation
authority
a right to use, control, and possess the property. In the case of a conveyance
of such property, the eligible transportation authority must retain an option
to
purchase the property at a future date or, within the limitations period for
reverters, the property must revert back to the eligible transportation
authority.
(c) If such property has been conveyed as described in subsection (b), the
property will no longer be exempt pursuant to this Section as of the date when:
(1) the right of the eligible transportation | | authority to use, control, and possess the property has been terminated;
|
|
(2) the eligible transportation authority no longer
| | has an option to purchase or otherwise acquire the property; and
|
|
(3) there is no provision for a reverter of the
| | property to the eligible transportation authority within the limitations period for reverters.
|
|
(d) Pursuant to Sections 15-15 and 15-20 of this Code, the eligible
transportation authority shall notify the chief county assessment officer of
any transaction under subsection (b) of this Section. The chief county
assessment officer shall
determine initial and continuing compliance with the requirements of this
Section for tax exemption. Failure to notify the chief county assessment
officer of a transaction under this Section or to otherwise comply with the
requirements of Sections
15-15 and 15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the exemption,
notwithstanding any other provision of this Code.
(e) No provision of this Section shall be construed to affect the obligation
of the eligible transportation authority to which an exemption certificate has
been issued
under this Section from its obligation under Section 15-10 of this Code to file
an annual certificate of status or to notify the chief county assessment
officer of transfers of interest or other changes in the status of the property
as required by this Code.
(f) The changes made by this amendatory Act of 1997 are declarative of
existing law and shall not be construed as a new enactment.
(Source: P.A. 90-562, eff. 12-16-97.)
|
35 ILCS 200/15-103
(35 ILCS 200/15-103)
Sec. 15-103.
Bi-State Development Agency.
(a) Property owned by
the Bi-State
Development Agency of the Missouri-Illinois Metropolitan District is
exempt.
(b) The exemption under this Section is not affected by any
transaction
in which, for
the purpose of obtaining financing, the Agency,
directly or
indirectly, leases or otherwise transfers the property to another for which or
whom property is not exempt and immediately after the lease or transfer enters
into a leaseback
or other agreement that directly or indirectly gives the Agency a right to
use, control, and possess the property. In the case of a
conveyance
of the property, the Agency must retain an option
to
purchase the property at a future date or, within the limitations period for
reverters, the property must revert back to the Agency.
(c) If the property has been conveyed as described in subsection (b), the
property is no longer exempt under this Section as of the date when:
(1) the right of the Agency to use, control, and | | possess the property is terminated;
|
|
(2) the Agency no longer has an option to purchase or
| | otherwise acquire the property; and
|
|
(3) there is no provision for a reverter of the
| | property to the Agency within the limitations period for reverters.
|
|
(d) Pursuant to Sections 15-15 and 15-20 of this Code, the Agency
shall notify the chief county assessment officer of
any transaction under subsection (b). The chief county
assessment officer shall
determine initial and continuing compliance with the requirements of this
Section for tax exemption. Failure to notify the chief county assessment
officer of a transaction under this Section or to otherwise comply with the
requirements of Sections
15-15 and 15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the exemption,
notwithstanding any other provision of this Code.
(e) No provision of this Section shall be construed to affect the obligation
of the Agency
under Section 15-10 of this Code to file
an annual certificate of status or to notify the chief county assessment
officer of transfers of interest or other changes in the status of the property
as required by this Code.
(Source: P.A. 91-513, eff. 8-13-99.)
|
35 ILCS 200/15-105
(35 ILCS 200/15-105)
Sec. 15-105.
Park and conservation districts.
(a) All property within
a park or
conservation district with 2,000,000 or more inhabitants and owned by that
district is exempt, as is all property located outside the district but owned
by it and used as a nursery, garden, or farm for the growing of shrubs, trees,
flowers and plants for use in beautifying, maintaining and operating
playgrounds, parks, parkways, public grounds, and buildings owned or controlled
by the district.
(b) All property belonging to any park or conservation
district with less than 2,000,000 inhabitants is exempt. All
property leased to such park district for $1 or less per year and
used exclusively as open space for recreational purposes not exceeding
50 acres in the aggregate for each district is exempt.
(c) All property belonging to a park district
organized pursuant to the Metro-East Park and Recreation District Act is
exempt.
(Source: P.A. 91-103, eff. 7-13-99; 91-490, eff. 8-13-99; 92-16, eff.
6-28-01.)
|
35 ILCS 200/15-110
(35 ILCS 200/15-110)
Sec. 15-110.
Municipal building corporations.
All property of any municipal
corporation created for the purpose of providing buildings, or space therein,
and other facilities to or for the use of municipal corporations and other
governmental agencies, including, but not limited to, any Public Building
Commission created under the Public Building Commission Act, is exempt.
(Source: Laws 1959, p. 1549, 1554, 2219, and 2224; P.A. 88-455.)
|
35 ILCS 200/15-115
(35 ILCS 200/15-115)
Sec. 15-115.
Municipal power agencies.
Property that is part of a project
owned by a municipal power agency organized under Division 119.1 of Article 11
of the Illinois Municipal Code is exempt.
(Source: P.A. 83-997; 88-455.)
|
35 ILCS 200/15-120
(35 ILCS 200/15-120)
Sec. 15-120.
Municipal natural gas agencies.
Property that is part of a
project owned by a municipal natural gas agency organized under Division 119.2
of Article 11 of the Illinois Municipal Code is exempt.
(Source: P.A. 84-1221; 88-455.)
|
35 ILCS 200/15-125
(35 ILCS 200/15-125)
Sec. 15-125. Parking areas. (a) Parking areas, not leased
or used for profit other than those lease or rental agreements subject to subsection (b) of this Section, when used as a
part of a use for which an exemption is provided by this Code and owned by
any school district, non-profit hospital, school, or religious or
charitable institution which meets the qualifications for exemption, are
exempt.
(b) Parking areas owned by any religious institution that meets the qualifications for exemption, when leased or rented to a mass transportation entity for the limited free parking of the commuters of the mass transportation entity, are exempt.
(c) Parking areas owned by any religious institution that meets the qualifications for exemption, when leased or rented to a municipality for the purpose of providing free public parking, are exempt, so long as the lease is for no more than nominal consideration. For purposes of this Section, maintenance and insurance of the parking areas by the municipality shall be considered nominal consideration. (Source: P.A. 100-455, eff. 8-25-17.)
|
35 ILCS 200/15-130
(35 ILCS 200/15-130)
Sec. 15-130.
Municipal corporations providing railroad terminals.
All
property of any municipal corporation created for provision of railroad
terminals, railroad terminal facilities and the approaches to them, is exempt
including, but not limited to, any Railroad Terminal Authority created under
the Railroad Terminal Authority Act.
(Source: Laws 1959, p. 1549, 1554, 2219, and 2224; P.A. 88-455.)
|
|
|
|