97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5769

 

Introduced 2/16/2012, by Rep. Kay Hatcher

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-7 new
35 ILCS 200/15-172
35 ILCS 200/15-175
35 ILCS 200/15-177

    Amends the Property Tax Code. Provides that, if a taxpayer must have an income that is at or below a certain amount in order to qualify for an exemption, then, for the purposes of that exemption, the term "income" does not include Social Security benefits unless expressly stated otherwise. Effective immediately.


LRB097 18683 HLH 63917 b

 

 

A BILL FOR

 

HB5769LRB097 18683 HLH 63917 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 15-172, 15-175, and 15-177 and by adding Section 15-7
6as follows:
 
7    (35 ILCS 200/15-7 new)
8    Sec. 15-7. Income limits; Social Security. Beginning with
9the 2012 assessment year, if, in order to qualify for an
10exemption under this Article 15, the taxpayer must have an
11income that is at or below a certain amount, then, for the
12purposes of that exemption, the term "income" does not include
13any Social Security benefit unless expressly stated otherwise
14in this Code.
 
15    (35 ILCS 200/15-172)
16    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
17Exemption.
18    (a) This Section may be cited as the Senior Citizens
19Assessment Freeze Homestead Exemption.
20    (b) As used in this Section:
21    "Applicant" means an individual who has filed an
22application under this Section.

 

 

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1    "Base amount" means the base year equalized assessed value
2of the residence plus the first year's equalized assessed value
3of any added improvements which increased the assessed value of
4the residence after the base year.
5    "Base year" means the taxable year prior to the taxable
6year for which the applicant first qualifies and applies for
7the exemption provided that in the prior taxable year the
8property was improved with a permanent structure that was
9occupied as a residence by the applicant who was liable for
10paying real property taxes on the property and who was either
11(i) an owner of record of the property or had legal or
12equitable interest in the property as evidenced by a written
13instrument or (ii) had a legal or equitable interest as a
14lessee in the parcel of property that was single family
15residence. If in any subsequent taxable year for which the
16applicant applies and qualifies for the exemption the equalized
17assessed value of the residence is less than the equalized
18assessed value in the existing base year (provided that such
19equalized assessed value is not based on an assessed value that
20results from a temporary irregularity in the property that
21reduces the assessed value for one or more taxable years), then
22that subsequent taxable year shall become the base year until a
23new base year is established under the terms of this paragraph.
24For taxable year 1999 only, the Chief County Assessment Officer
25shall review (i) all taxable years for which the applicant
26applied and qualified for the exemption and (ii) the existing

 

 

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1base year. The assessment officer shall select as the new base
2year the year with the lowest equalized assessed value. An
3equalized assessed value that is based on an assessed value
4that results from a temporary irregularity in the property that
5reduces the assessed value for one or more taxable years shall
6not be considered the lowest equalized assessed value. The
7selected year shall be the base year for taxable year 1999 and
8thereafter until a new base year is established under the terms
9of this paragraph.
10    "Chief County Assessment Officer" means the County
11Assessor or Supervisor of Assessments of the county in which
12the property is located.
13    "Equalized assessed value" means the assessed value as
14equalized by the Illinois Department of Revenue.
15    "Household" means the applicant, the spouse of the
16applicant, and all persons using the residence of the applicant
17as their principal place of residence.
18    "Household income" means the combined income of the members
19of a household for the calendar year preceding the taxable
20year.
21    "Income" has the same meaning as provided in Section 3.07
22of the Senior Citizens and Disabled Persons Property Tax Relief
23and Pharmaceutical Assistance Act, except that, beginning in
24assessment year 2001, "income" does not include veteran's
25benefits and, beginning in assessment year 2012, "income" does
26not include Social Security benefits.

 

 

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1    "Internal Revenue Code of 1986" means the United States
2Internal Revenue Code of 1986 or any successor law or laws
3relating to federal income taxes in effect for the year
4preceding the taxable year.
5    "Life care facility that qualifies as a cooperative" means
6a facility as defined in Section 2 of the Life Care Facilities
7Act.
8    "Maximum income limitation" means:
9        (1) $35,000 prior to taxable year 1999;
10        (2) $40,000 in taxable years 1999 through 2003;
11        (3) $45,000 in taxable years 2004 through 2005;
12        (4) $50,000 in taxable years 2006 and 2007; and
13        (5) $55,000 in taxable year 2008 and thereafter.
14    "Residence" means the principal dwelling place and
15appurtenant structures used for residential purposes in this
16State occupied on January 1 of the taxable year by a household
17and so much of the surrounding land, constituting the parcel
18upon which the dwelling place is situated, as is used for
19residential purposes. If the Chief County Assessment Officer
20has established a specific legal description for a portion of
21property constituting the residence, then that portion of
22property shall be deemed the residence for the purposes of this
23Section.
24    "Taxable year" means the calendar year during which ad
25valorem property taxes payable in the next succeeding year are
26levied.

 

 

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1    (c) Beginning in taxable year 1994, a senior citizens
2assessment freeze homestead exemption is granted for real
3property that is improved with a permanent structure that is
4occupied as a residence by an applicant who (i) is 65 years of
5age or older during the taxable year, (ii) has a household
6income that does not exceed the maximum income limitation,
7(iii) is liable for paying real property taxes on the property,
8and (iv) is an owner of record of the property or has a legal or
9equitable interest in the property as evidenced by a written
10instrument. This homestead exemption shall also apply to a
11leasehold interest in a parcel of property improved with a
12permanent structure that is a single family residence that is
13occupied as a residence by a person who (i) is 65 years of age
14or older during the taxable year, (ii) has a household income
15that does not exceed the maximum income limitation, (iii) has a
16legal or equitable ownership interest in the property as
17lessee, and (iv) is liable for the payment of real property
18taxes on that property.
19    In counties of 3,000,000 or more inhabitants, the amount of
20the exemption for all taxable years is the equalized assessed
21value of the residence in the taxable year for which
22application is made minus the base amount. In all other
23counties, the amount of the exemption is as follows: (i)
24through taxable year 2005 and for taxable year 2007 and
25thereafter, the amount of this exemption shall be the equalized
26assessed value of the residence in the taxable year for which

 

 

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1application is made minus the base amount; and (ii) for taxable
2year 2006, the amount of the exemption is as follows:
3        (1) For an applicant who has a household income of
4    $45,000 or less, the amount of the exemption is the
5    equalized assessed value of the residence in the taxable
6    year for which application is made minus the base amount.
7        (2) For an applicant who has a household income
8    exceeding $45,000 but not exceeding $46,250, the amount of
9    the exemption is (i) the equalized assessed value of the
10    residence in the taxable year for which application is made
11    minus the base amount (ii) multiplied by 0.8.
12        (3) For an applicant who has a household income
13    exceeding $46,250 but not exceeding $47,500, the amount of
14    the exemption is (i) the equalized assessed value of the
15    residence in the taxable year for which application is made
16    minus the base amount (ii) multiplied by 0.6.
17        (4) For an applicant who has a household income
18    exceeding $47,500 but not exceeding $48,750, the amount of
19    the exemption is (i) the equalized assessed value of the
20    residence in the taxable year for which application is made
21    minus the base amount (ii) multiplied by 0.4.
22        (5) For an applicant who has a household income
23    exceeding $48,750 but not exceeding $50,000, the amount of
24    the exemption is (i) the equalized assessed value of the
25    residence in the taxable year for which application is made
26    minus the base amount (ii) multiplied by 0.2.

 

 

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1    When the applicant is a surviving spouse of an applicant
2for a prior year for the same residence for which an exemption
3under this Section has been granted, the base year and base
4amount for that residence are the same as for the applicant for
5the prior year.
6    Each year at the time the assessment books are certified to
7the County Clerk, the Board of Review or Board of Appeals shall
8give to the County Clerk a list of the assessed values of
9improvements on each parcel qualifying for this exemption that
10were added after the base year for this parcel and that
11increased the assessed value of the property.
12    In the case of land improved with an apartment building
13owned and operated as a cooperative or a building that is a
14life care facility that qualifies as a cooperative, the maximum
15reduction from the equalized assessed value of the property is
16limited to the sum of the reductions calculated for each unit
17occupied as a residence by a person or persons (i) 65 years of
18age or older, (ii) with a household income that does not exceed
19the maximum income limitation, (iii) who is liable, by contract
20with the owner or owners of record, for paying real property
21taxes on the property, and (iv) who is an owner of record of a
22legal or equitable interest in the cooperative apartment
23building, other than a leasehold interest. In the instance of a
24cooperative where a homestead exemption has been granted under
25this Section, the cooperative association or its management
26firm shall credit the savings resulting from that exemption

 

 

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1only to the apportioned tax liability of the owner who
2qualified for the exemption. Any person who willfully refuses
3to credit that savings to an owner who qualifies for the
4exemption is guilty of a Class B misdemeanor.
5    When a homestead exemption has been granted under this
6Section and an applicant then becomes a resident of a facility
7licensed under the Assisted Living and Shared Housing Act, the
8Nursing Home Care Act, the Specialized Mental Health
9Rehabilitation Act, or the ID/DD Community Care Act, the
10exemption shall be granted in subsequent years so long as the
11residence (i) continues to be occupied by the qualified
12applicant's spouse or (ii) if remaining unoccupied, is still
13owned by the qualified applicant for the homestead exemption.
14    Beginning January 1, 1997, when an individual dies who
15would have qualified for an exemption under this Section, and
16the surviving spouse does not independently qualify for this
17exemption because of age, the exemption under this Section
18shall be granted to the surviving spouse for the taxable year
19preceding and the taxable year of the death, provided that,
20except for age, the surviving spouse meets all other
21qualifications for the granting of this exemption for those
22years.
23    When married persons maintain separate residences, the
24exemption provided for in this Section may be claimed by only
25one of such persons and for only one residence.
26    For taxable year 1994 only, in counties having less than

 

 

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13,000,000 inhabitants, to receive the exemption, a person shall
2submit an application by February 15, 1995 to the Chief County
3Assessment Officer of the county in which the property is
4located. In counties having 3,000,000 or more inhabitants, for
5taxable year 1994 and all subsequent taxable years, to receive
6the exemption, a person may submit an application to the Chief
7County Assessment Officer of the county in which the property
8is located during such period as may be specified by the Chief
9County Assessment Officer. The Chief County Assessment Officer
10in counties of 3,000,000 or more inhabitants shall annually
11give notice of the application period by mail or by
12publication. In counties having less than 3,000,000
13inhabitants, beginning with taxable year 1995 and thereafter,
14to receive the exemption, a person shall submit an application
15by July 1 of each taxable year to the Chief County Assessment
16Officer of the county in which the property is located. A
17county may, by ordinance, establish a date for submission of
18applications that is different than July 1. The applicant shall
19submit with the application an affidavit of the applicant's
20total household income, age, marital status (and if married the
21name and address of the applicant's spouse, if known), and
22principal dwelling place of members of the household on January
231 of the taxable year. The Department shall establish, by rule,
24a method for verifying the accuracy of affidavits filed by
25applicants under this Section, and the Chief County Assessment
26Officer may conduct audits of any taxpayer claiming an

 

 

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1exemption under this Section to verify that the taxpayer is
2eligible to receive the exemption. Each application shall
3contain or be verified by a written declaration that it is made
4under the penalties of perjury. A taxpayer's signing a
5fraudulent application under this Act is perjury, as defined in
6Section 32-2 of the Criminal Code of 1961. The applications
7shall be clearly marked as applications for the Senior Citizens
8Assessment Freeze Homestead Exemption and must contain a notice
9that any taxpayer who receives the exemption is subject to an
10audit by the Chief County Assessment Officer.
11    Notwithstanding any other provision to the contrary, in
12counties having fewer than 3,000,000 inhabitants, if an
13applicant fails to file the application required by this
14Section in a timely manner and this failure to file is due to a
15mental or physical condition sufficiently severe so as to
16render the applicant incapable of filing the application in a
17timely manner, the Chief County Assessment Officer may extend
18the filing deadline for a period of 30 days after the applicant
19regains the capability to file the application, but in no case
20may the filing deadline be extended beyond 3 months of the
21original filing deadline. In order to receive the extension
22provided in this paragraph, the applicant shall provide the
23Chief County Assessment Officer with a signed statement from
24the applicant's physician stating the nature and extent of the
25condition, that, in the physician's opinion, the condition was
26so severe that it rendered the applicant incapable of filing

 

 

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1the application in a timely manner, and the date on which the
2applicant regained the capability to file the application.
3    Beginning January 1, 1998, notwithstanding any other
4provision to the contrary, in counties having fewer than
53,000,000 inhabitants, if an applicant fails to file the
6application required by this Section in a timely manner and
7this failure to file is due to a mental or physical condition
8sufficiently severe so as to render the applicant incapable of
9filing the application in a timely manner, the Chief County
10Assessment Officer may extend the filing deadline for a period
11of 3 months. In order to receive the extension provided in this
12paragraph, the applicant shall provide the Chief County
13Assessment Officer with a signed statement from the applicant's
14physician stating the nature and extent of the condition, and
15that, in the physician's opinion, the condition was so severe
16that it rendered the applicant incapable of filing the
17application in a timely manner.
18    In counties having less than 3,000,000 inhabitants, if an
19applicant was denied an exemption in taxable year 1994 and the
20denial occurred due to an error on the part of an assessment
21official, or his or her agent or employee, then beginning in
22taxable year 1997 the applicant's base year, for purposes of
23determining the amount of the exemption, shall be 1993 rather
24than 1994. In addition, in taxable year 1997, the applicant's
25exemption shall also include an amount equal to (i) the amount
26of any exemption denied to the applicant in taxable year 1995

 

 

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1as a result of using 1994, rather than 1993, as the base year,
2(ii) the amount of any exemption denied to the applicant in
3taxable year 1996 as a result of using 1994, rather than 1993,
4as the base year, and (iii) the amount of the exemption
5erroneously denied for taxable year 1994.
6    For purposes of this Section, a person who will be 65 years
7of age during the current taxable year shall be eligible to
8apply for the homestead exemption during that taxable year.
9Application shall be made during the application period in
10effect for the county of his or her residence.
11    The Chief County Assessment Officer may determine the
12eligibility of a life care facility that qualifies as a
13cooperative to receive the benefits provided by this Section by
14use of an affidavit, application, visual inspection,
15questionnaire, or other reasonable method in order to insure
16that the tax savings resulting from the exemption are credited
17by the management firm to the apportioned tax liability of each
18qualifying resident. The Chief County Assessment Officer may
19request reasonable proof that the management firm has so
20credited that exemption.
21    Except as provided in this Section, all information
22received by the chief county assessment officer or the
23Department from applications filed under this Section, or from
24any investigation conducted under the provisions of this
25Section, shall be confidential, except for official purposes or
26pursuant to official procedures for collection of any State or

 

 

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1local tax or enforcement of any civil or criminal penalty or
2sanction imposed by this Act or by any statute or ordinance
3imposing a State or local tax. Any person who divulges any such
4information in any manner, except in accordance with a proper
5judicial order, is guilty of a Class A misdemeanor.
6    Nothing contained in this Section shall prevent the
7Director or chief county assessment officer from publishing or
8making available reasonable statistics concerning the
9operation of the exemption contained in this Section in which
10the contents of claims are grouped into aggregates in such a
11way that information contained in any individual claim shall
12not be disclosed.
13    (d) Each Chief County Assessment Officer shall annually
14publish a notice of availability of the exemption provided
15under this Section. The notice shall be published at least 60
16days but no more than 75 days prior to the date on which the
17application must be submitted to the Chief County Assessment
18Officer of the county in which the property is located. The
19notice shall appear in a newspaper of general circulation in
20the county.
21    Notwithstanding Sections 6 and 8 of the State Mandates Act,
22no reimbursement by the State is required for the
23implementation of any mandate created by this Section.
24(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
2596-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
26revised 9-12-11.)
 

 

 

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1    (35 ILCS 200/15-175)
2    Sec. 15-175. General homestead exemption. Except as
3provided in Sections 15-176 and 15-177, homestead property is
4entitled to an annual homestead exemption limited, except as
5described here with relation to cooperatives, to a reduction in
6the equalized assessed value of homestead property equal to the
7increase in equalized assessed value for the current assessment
8year above the equalized assessed value of the property for
91977, up to the maximum reduction set forth below. If however,
10the 1977 equalized assessed value upon which taxes were paid is
11subsequently determined by local assessing officials, the
12Property Tax Appeal Board, or a court to have been excessive,
13the equalized assessed value which should have been placed on
14the property for 1977 shall be used to determine the amount of
15the exemption.
16    Except as provided in Section 15-176, the maximum reduction
17before taxable year 2004 shall be $4,500 in counties with
183,000,000 or more inhabitants and $3,500 in all other counties.
19Except as provided in Sections 15-176 and 15-177, for taxable
20years 2004 through 2007, the maximum reduction shall be $5,000,
21for taxable year 2008, the maximum reduction is $5,500, and,
22for taxable years 2009 and thereafter, the maximum reduction is
23$6,000 in all counties. If a county has elected to subject
24itself to the provisions of Section 15-176 as provided in
25subsection (k) of that Section, then, for the first taxable

 

 

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1year only after the provisions of Section 15-176 no longer
2apply, for owners who, for the taxable year, have not been
3granted a senior citizens assessment freeze homestead
4exemption under Section 15-172 or a long-time occupant
5homestead exemption under Section 15-177, there shall be an
6additional exemption of $5,000 for owners with a household
7income of $30,000 or less.
8    In counties with fewer than 3,000,000 inhabitants, if,
9based on the most recent assessment, the equalized assessed
10value of the homestead property for the current assessment year
11is greater than the equalized assessed value of the property
12for 1977, the owner of the property shall automatically receive
13the exemption granted under this Section in an amount equal to
14the increase over the 1977 assessment up to the maximum
15reduction set forth in this Section.
16    If in any assessment year beginning with the 2000
17assessment year, homestead property has a pro-rata valuation
18under Section 9-180 resulting in an increase in the assessed
19valuation, a reduction in equalized assessed valuation equal to
20the increase in equalized assessed value of the property for
21the year of the pro-rata valuation above the equalized assessed
22value of the property for 1977 shall be applied to the property
23on a proportionate basis for the period the property qualified
24as homestead property during the assessment year. The maximum
25proportionate homestead exemption shall not exceed the maximum
26homestead exemption allowed in the county under this Section

 

 

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1divided by 365 and multiplied by the number of days the
2property qualified as homestead property.
3    "Homestead property" under this Section includes
4residential property that is occupied by its owner or owners as
5his or their principal dwelling place, or that is a leasehold
6interest on which a single family residence is situated, which
7is occupied as a residence by a person who has an ownership
8interest therein, legal or equitable or as a lessee, and on
9which the person is liable for the payment of property taxes.
10For land improved with an apartment building owned and operated
11as a cooperative or a building which is a life care facility as
12defined in Section 15-170 and considered to be a cooperative
13under Section 15-170, the maximum reduction from the equalized
14assessed value shall be limited to the increase in the value
15above the equalized assessed value of the property for 1977, up
16to the maximum reduction set forth above, multiplied by the
17number of apartments or units occupied by a person or persons
18who is liable, by contract with the owner or owners of record,
19for paying property taxes on the property and is an owner of
20record of a legal or equitable interest in the cooperative
21apartment building, other than a leasehold interest. For
22purposes of this Section, the term "life care facility" has the
23meaning stated in Section 15-170.
24    "Household", as used in this Section, means the owner, the
25spouse of the owner, and all persons using the residence of the
26owner as their principal place of residence.

 

 

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1    "Household income", as used in this Section, means the
2combined income of the members of a household for the calendar
3year preceding the taxable year.
4    "Income", as used in this Section, has the same meaning as
5provided in Section 3.07 of the Senior Citizens and Disabled
6Persons Property Tax Relief and Pharmaceutical Assistance Act,
7except that "income" does not include veteran's benefits and,
8beginning in assessment year 2012, "income" does not include
9Social Security benefits.
10    In a cooperative where a homestead exemption has been
11granted, the cooperative association or its management firm
12shall credit the savings resulting from that exemption only to
13the apportioned tax liability of the owner who qualified for
14the exemption. Any person who willfully refuses to so credit
15the savings shall be guilty of a Class B misdemeanor.
16    Where married persons maintain and reside in separate
17residences qualifying as homestead property, each residence
18shall receive 50% of the total reduction in equalized assessed
19valuation provided by this Section.
20    In all counties, the assessor or chief county assessment
21officer may determine the eligibility of residential property
22to receive the homestead exemption and the amount of the
23exemption by application, visual inspection, questionnaire or
24other reasonable methods. The determination shall be made in
25accordance with guidelines established by the Department,
26provided that the taxpayer applying for an additional general

 

 

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1exemption under this Section shall submit to the chief county
2assessment officer an application with an affidavit of the
3applicant's total household income, age, marital status (and,
4if married, the name and address of the applicant's spouse, if
5known), and principal dwelling place of members of the
6household on January 1 of the taxable year. The Department
7shall issue guidelines establishing a method for verifying the
8accuracy of the affidavits filed by applicants under this
9paragraph. The applications shall be clearly marked as
10applications for the Additional General Homestead Exemption.
11    In counties with fewer than 3,000,000 inhabitants, in the
12event of a sale of homestead property the homestead exemption
13shall remain in effect for the remainder of the assessment year
14of the sale. The assessor or chief county assessment officer
15may require the new owner of the property to apply for the
16homestead exemption for the following assessment year.
17    Notwithstanding Sections 6 and 8 of the State Mandates Act,
18no reimbursement by the State is required for the
19implementation of any mandate created by this Section.
20(Source: P.A. 95-644, eff. 10-12-07.)
 
21    (35 ILCS 200/15-177)
22    Sec. 15-177. The long-time occupant homestead exemption.
23    (a) If the county has elected, under Section 15-176, to be
24subject to the provisions of the alternative general homestead
25exemption, then, for taxable years 2007 and thereafter,

 

 

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1regardless of whether the exemption under Section 15-176
2applies, qualified homestead property is entitled to an annual
3homestead exemption equal to a reduction in the property's
4equalized assessed value calculated as provided in this
5Section.
6    (b) As used in this Section:
7    "Adjusted homestead value" means the lesser of the
8following values:
9        (1) The property's base homestead value increased by:
10    (i) 10% for each taxable year after the base year through
11    and including the current tax year for qualified taxpayers
12    with a household income of more than $75,000 but not
13    exceeding $100,000; or (ii) 7% for each taxable year after
14    the base year through and including the current tax year
15    for qualified taxpayers with a household income of $75,000
16    or less. The increase each year is an increase over the
17    prior year; or
18        (2) The property's equalized assessed value for the
19    current tax year minus the general homestead deduction.
20    "Base homestead value" means:
21        (1) if the property did not have an adjusted homestead
22    value under Section 15-176 for the base year, then an
23    amount equal to the equalized assessed value of the
24    property for the base year prior to exemptions, minus the
25    general homestead deduction, provided that the property's
26    assessment was not based on a reduced assessed value

 

 

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1    resulting from a temporary irregularity in the property for
2    that year; or
3        (2) if the property had an adjusted homestead value
4    under Section 15-176 for the base year, then an amount
5    equal to the adjusted homestead value of the property under
6    Section 15-176 for the base year.
7    "Base year" means the taxable year prior to the taxable
8year in which the taxpayer first qualifies for the exemption
9under this Section.
10    "Current taxable year" means the taxable year for which the
11exemption under this Section is being applied.
12    "Equalized assessed value" means the property's assessed
13value as equalized by the Department.
14    "Homestead" or "homestead property" means residential
15property that as of January 1 of the tax year is occupied by a
16qualified taxpayer as his or her principal dwelling place, or
17that is a leasehold interest on which a single family residence
18is situated, that is occupied as a residence by a qualified
19taxpayer who has a legal or equitable interest therein
20evidenced by a written instrument, as an owner or as a lessee,
21and on which the person is liable for the payment of property
22taxes. Residential units in an apartment building owned and
23operated as a cooperative, or as a life care facility, which
24are occupied by persons who hold a legal or equitable interest
25in the cooperative apartment building or life care facility as
26owners or lessees, and who are liable by contract for the

 

 

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1payment of property taxes, are included within this definition
2of homestead property. A homestead includes the dwelling place,
3appurtenant structures, and so much of the surrounding land
4constituting the parcel on which the dwelling place is situated
5as is used for residential purposes. If the assessor has
6established a specific legal description for a portion of
7property constituting the homestead, then the homestead is
8limited to the property within that description.
9    "Household income" has the meaning set forth under Section
1015-172 of this Code. Beginning in assessment year 2012,
11"household income" does not include Social Security benefits.
12    "General homestead deduction" means the amount of the
13general homestead exemption under Section 15-175.
14    "Life care facility" means a facility defined in Section 2
15of the Life Care Facilities Act.
16    "Qualified homestead property" means homestead property
17owned by a qualified taxpayer.
18    "Qualified taxpayer" means any individual:
19        (1) who, for at least 10 continuous years as of January
20    1 of the taxable year, has occupied the same homestead
21    property as a principal residence and domicile or who, for
22    at least 5 continuous years as of January 1 of the taxable
23    year, has occupied the same homestead property as a
24    principal residence and domicile if that person received
25    assistance in the acquisition of the property as part of a
26    government or nonprofit housing program; and

 

 

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1        (2) who has a household income of $100,000 or less.
2    (c) The base homestead value must remain constant, except
3that the assessor may revise it under any of the following
4circumstances:
5        (1) If the equalized assessed value of a homestead
6    property for the current tax year is less than the previous
7    base homestead value for that property, then the current
8    equalized assessed value (provided it is not based on a
9    reduced assessed value resulting from a temporary
10    irregularity in the property) becomes the base homestead
11    value in subsequent tax years.
12        (2) For any year in which new buildings, structures, or
13    other improvements are constructed on the homestead
14    property that would increase its assessed value, the
15    assessor shall adjust the base homestead value with due
16    regard to the value added by the new improvements.
17    (d) The amount of the exemption under this Section is the
18greater of: (i) the equalized assessed value of the homestead
19property for the current tax year minus the adjusted homestead
20value; or (ii) the general homestead deduction.
21    (e) In the case of an apartment building owned and operated
22as a cooperative, or as a life care facility, that contains
23residential units that qualify as homestead property of a
24qualified taxpayer under this Section, the maximum cumulative
25exemption amount attributed to the entire building or facility
26shall not exceed the sum of the exemptions calculated for each

 

 

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1unit that is a qualified homestead property. The cooperative
2association, management firm, or other person or entity that
3manages or controls the cooperative apartment building or life
4care facility shall credit the exemption attributable to each
5residential unit only to the apportioned tax liability of the
6qualified taxpayer as to that unit. Any person who willfully
7refuses to so credit the exemption is guilty of a Class B
8misdemeanor.
9    (f) When married persons maintain separate residences, the
10exemption provided under this Section may be claimed by only
11one such person and for only one residence. No person who
12receives an exemption under Section 15-172 of this Code may
13receive an exemption under this Section. No person who receives
14an exemption under this Section may receive an exemption under
15Section 15-175 or 15-176 of this Code.
16    (g) In the event of a sale or other transfer in ownership
17of the homestead property between spouses or between a parent
18and a child, the exemption under this Section remains in effect
19if the new owner has a household income of $100,000 or less.
20    (h) In the event of a sale or other transfer in ownership
21of the homestead property other than subsection (g) of this
22Section, the exemption under this Section shall remain in
23effect for the remainder of the tax year and be calculated
24using the same base homestead value in which the sale or
25transfer occurs.
26    (i) To receive the exemption, a person must submit an

 

 

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1application to the county assessor during the period specified
2by the county assessor.
3    The county assessor shall annually give notice of the
4application period by mail or by publication.
5    The taxpayer must submit, with the application, an
6affidavit of the taxpayer's total household income, marital
7status (and if married the name and address of the applicant's
8spouse, if known), and principal dwelling place of members of
9the household on January 1 of the taxable year. The Department
10shall establish, by rule, a method for verifying the accuracy
11of affidavits filed by applicants under this Section, and the
12Chief County Assessment Officer may conduct audits of any
13taxpayer claiming an exemption under this Section to verify
14that the taxpayer is eligible to receive the exemption. Each
15application shall contain or be verified by a written
16declaration that it is made under the penalties of perjury. A
17taxpayer's signing a fraudulent application under this Act is
18perjury, as defined in Section 32-2 of the Criminal Code of
191961. The applications shall be clearly marked as applications
20for the Long-time Occupant Homestead Exemption and must contain
21a notice that any taxpayer who receives the exemption is
22subject to an audit by the Chief County Assessment Officer.
23    (j) Notwithstanding Sections 6 and 8 of the State Mandates
24Act, no reimbursement by the State is required for the
25implementation of any mandate created by this Section.
26(Source: P.A. 95-644, eff. 10-12-07.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.