Full Text of HB5455 101st General Assembly
HB5455 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5455 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that, in the case of an erroneous homestead exemption, the chief county assessment officer in a county with fewer than 3,000,000 inhabitants may consider the erroneously
exempt portion of the property as omitted property for that taxable year and any of the 3 taxable years immediately prior to the taxable year in which the notice of that discovery is served. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 9-265 as follows:
| 6 | | (35 ILCS 200/9-265)
| 7 | | Sec. 9-265. Omitted property; interest; change in exempt | 8 | | use or ownership. | 9 | | (a)
If any property is omitted in the assessment of any | 10 | | year or years, not to exceed the current assessment year and 3 | 11 | | prior years, so that the
taxes, for which the property was | 12 | | liable, have not been paid, or if by reason
of defective | 13 | | description or assessment, taxes on any property for any year | 14 | | or
years have not been paid, or if any taxes are refunded under | 15 | | subsection (b) of
Section 14-5 because the taxes were assessed | 16 | | in the wrong person's name, the
property, when discovered, | 17 | | shall be listed and assessed by the board of review
or, in | 18 | | counties with 3,000,000 or more inhabitants, by the county | 19 | | assessor
either on his
or her own initiative or when so | 20 | | directed by the board of appeals or board of
review. | 21 | | (b) The
board of review in counties with less than | 22 | | 3,000,000 inhabitants or the
county assessor in counties with | 23 | | 3,000,000 or more inhabitants may
develop reasonable |
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| 1 | | procedures for contesting the listing of omitted
property under | 2 | | this Division. With respect to counties with fewer than | 3 | | 3,000,000 inhabitants, the board of review may also develop | 4 | | procedures relating to the recovery of taxes that were unpaid | 5 | | because of an erroneously granted homestead exemption, as | 6 | | provided in subsection (g). | 7 | | (c) For purposes
of this Section, "defective description or | 8 | | assessment" includes a description
or assessment which omits | 9 | | all the improvements thereon as a result of which
part of the | 10 | | taxes on the total value of the property as improved remain | 11 | | unpaid.
In the case of property subject to assessment by the | 12 | | Department, the property
shall be listed and assessed by the | 13 | | Department. All such property shall be
placed on the assessment | 14 | | and tax books. | 15 | | (d) The arrearages of taxes which might
have been assessed, | 16 | | with 10% interest thereon for each year or portion thereof
from | 17 | | 2 years after the time the first correct tax bill ought to have | 18 | | been
received, shall be charged against the property by the | 19 | | county clerk.
| 20 | | (e) When property or acreage omitted by either incorrect | 21 | | survey or other
ministerial assessor error is discovered and | 22 | | the owner has paid its tax
bills as received for the year or | 23 | | years of omission of the parcel, then the
interest authorized | 24 | | by this Section shall not be chargeable to the owner.
However, | 25 | | nothing in this Section shall prevent the collection of the | 26 | | principal
amount of back taxes due and owing.
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| 1 | | (f) If any property listed as exempt by the chief county | 2 | | assessment officer
has a change in use, a change in leasehold | 3 | | estate, or a change in titleholder
of record by purchase, | 4 | | grant, taking or transfer, it shall be the obligation
of the | 5 | | transferee to notify the chief county assessment officer in | 6 | | writing
within 90 days of the change. If mailed, the notice | 7 | | shall be sent by certified mail,
return receipt requested, and | 8 | | shall include the name and address of the
taxpayer, the legal | 9 | | description of the property, and the property index number
of | 10 | | the property when an index number exists. If notice is provided | 11 | | in person, it shall be provided on a form prescribed
by the | 12 | | chief county assessment officer, and the chief county | 13 | | assessment
officer shall provide a date stamped copy of the | 14 | | notice. Except as
provided in item (6) of subsection (a) of | 15 | | Section 9-260, item (6) of
Section 16-135, and item (6) of | 16 | | Section 16-140 of this Code, if the failure to give the
| 17 | | notification results in the assessing official continuing to | 18 | | list the property
as exempt in subsequent years, the property | 19 | | shall be considered omitted
property for purposes of this Code.
| 20 | | (g) In counties with fewer than 3,000,000 inhabitants, if a
| 21 | | chief county assessment officer discovers at any time before
| 22 | | judgment that a property has been granted a homestead exemption
| 23 | | under Article 15 of this Code to which it was not entitled for | 24 | | that taxable year or any of the 3 taxable years immediately | 25 | | prior to the year in which the discovery is made ,
the chief | 26 | | county assessment officer may consider the erroneously
exempt |
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| 1 | | portion of the property as omitted property under this
Section | 2 | | for that taxable year and any of the 3 taxable years | 3 | | immediately prior to the taxable year in which the notice of | 4 | | that discovery is served. The county, or its agent, may utilize | 5 | | any remedy allowed by law to collect any taxes that were unpaid | 6 | | because of the erroneous exemption, plus interest in the amount | 7 | | of 10% per annum on such amounts, as well as any additional | 8 | | penalties that may be provided in the rules and procedures | 9 | | established by the local board of review in each of those | 10 | | counties pursuant to subsection (b) only . | 11 | | (Source: P.A. 98-615, eff. 6-1-14 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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