(35 ILCS 200/Tit. 4 heading)
(35 ILCS 200/Art. 15 heading)
(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:
(Source: P.A. 102-815, eff. 5-13-22.)
(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:
(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:
(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)
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)
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)
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)
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:
8-14-99; 92-16, eff. 6-28-01.)
(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)
Sec. 15-40.
Religious purposes, orphanages, or school and religious
purposes.
(a) Property used exclusively for:
(b) Property that is owned by
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 recorder. The chief county assessment officer
shall prepare and make available a form notice for this purpose.
Whenever a notice is filed, the county recorder shall transmit a copy of that
recorded notice to the chief county assessment
officer within 14 days after receipt.
(Source: P.A. 92-333, eff. 8-10-01.)
(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)
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)
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:
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:
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:
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)
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:
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)
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:
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; (B) the limited liability company is a disregarded entity for federal and Illinois income tax purposes and, as a result, the limited liability company is deemed exempt from income tax liability by virtue of the Internal Revenue Code Section 501(c)(3) status of its sole member or members; and (C) the limited
liability company does not lease the property or otherwise use it with a view
to profit.
(Source: P.A. 96-763, eff. 8-25-09.)
(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)
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:
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)
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)
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)
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)
Sec. 15-86. Exemptions related to access to hospital and health care services by low-income and underserved individuals.
(a) The General Assembly finds:
(b) For the purpose of this Section and Section 15-10, the following terms shall have the meanings set forth below:
(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):
(f) For purposes of making the calculations required by subsections (c) and (e):
(g) Estimation of Exempt Property Tax Liability. The estimated property tax liability used for the determination in subsection (c) shall be calculated as follows:
(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)
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)
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)
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:
(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)
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:
(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)
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)
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)
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)
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)
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)
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.)
(35 ILCS 200/15-135)
Sec. 15-135.
School districts and community college districts.
All property
of public school districts or public community college districts not leased by
those districts or otherwise used with a view to profit is exempt.
(Source: P.A. 83-1312; 88-455.)
(35 ILCS 200/15-140)
Sec. 15-140.
Public water districts and water and drainage works.
All
property belonging to any public water district organized or existing under the
Public Water District Act is exempt, as is all property belonging exclusively
to any incorporated town, village or city, and used exclusively for conveying
water to the incorporated town, village or city, and all property of drainage
districts, when used exclusively for pumping water from the ditches and drains
of the district for drainage purposes.
(Source: Laws 1967, p. 4030; P.A. 88-455.)
(35 ILCS 200/15-141)
Sec. 15-141. Water commission property. All property belonging to any water commission organized or existing under joint acquisition and operation of a water supply and waterworks system, a common source of supply of water, or both, as provided in Division 135 of Article 11 of the Illinois Municipal Code, is exempt.
(Source: P.A. 100-1187, eff. 1-1-20.)
(35 ILCS 200/15-143)
Sec. 15-143. Metropolitan Water Reclamation Districts in counties with a
population greater than 3,000,000.
(a) All property that is located in a county with a population greater than 3,000,000 and that is owned by a metropolitan
water reclamation district in a county with a population greater than
3,000,000 is exempt.
Any such property leased to an entity that is not
exempt shall remain exempt, and the leasehold interest of the lessee shall be
assessed under Section 9-195 of this Code. The changes made by this amendatory Act of the 93rd General Assembly are declaratory of existing law.
(b) Property that is owned by a metropolitan
water reclamation district in a county with a population greater than
3,000,000 is exempt, and the leasehold interest is exempt, if the property is:
(Source: P.A. 93-767, eff. 7-20-04; 94-1086, eff. 1-19-07.)
(35 ILCS 200/15-145)
Sec. 15-145.
Property of veterans' organizations.
All property of veterans'
organizations used exclusively for charitable, patriotic and civic purposes is
exempt.
(Source: Laws 1967, p. 4030; P.A. 88-455.)
(35 ILCS 200/15-150)
Sec. 15-150.
Forest preserve districts.
All property belonging to any
forest preserve district organized or existing under the laws of this State
and any property as described in Section 18.6d of the Downstate Forest
Preserve District Act is exempt.
(Source: P.A. 87-1191; 88-455; incorporates 88-503; 88-670, eff. 12-2-94.)
(35 ILCS 200/15-151)
Sec. 15-151.
Joliet Arsenal Development Authority.
All property owned by
the Joliet Arsenal
Development Authority is exempt. Any property owned by the
Joliet Arsenal Development Authority and leased to an entity that is not exempt
shall remain exempt. The leasehold interest of the lessee shall be assessed
under Section 9-195 of this Code.
(Source: P.A. 93-421, eff. 8-5-03.)
(35 ILCS 200/15-155)
Sec. 15-155.
Port districts.
All property belonging to the Chicago Regional
Port District or any other port district created by the legislature of this
State is exempt. However, a tax may be levied upon a lessee of such property
based on the value of a leasehold estate separate and apart from the fee, or
upon improvements constructed and owned by others than the Port District.
(Source: Laws 1961, p. 3370; P.A. 88-455.)
(35 ILCS 200/15-160)
(Text of Section WITH the changes made by P.A. 97-1161, which has been held unconstitutional)
Sec. 15-160. Airport authorities and airports.
(a) All property belonging to any
Airport Authority and used for Airport Authority purposes or leased to another
entity, which property use would be exempt from taxation under this Code if
it were owned by the lessee entity, is exempt. However, the provision added by
Public Act 86-219 shall not apply to any property of any Airport Authority
located in a county with more than 3,000,000 inhabitants. Property acquired
for airport purposes by an Authority shall remain subject to any tax previously
levied to pay bonds issued and outstanding on the date of acquisition.
(b) Also exempt is any airport or restricted land area or other air navigation
facility owned, controlled, operated or leased by another state or a political
subdivision of another state under the provisions of Sections 25.01 to 25.04,
both inclusive, of the "Illinois Aeronautics Act". However if at the time of
the acquisition of property to be used for public airport purposes the city,
village, township or school district, in which said property is located is
indebted for any amount for payment of which it provided for the collection of
taxes, the property acquired for public airport purposes shall be subject to
taxation for the payment of said indebtedness in the same proportion as said
property bore to the taxable property in said city, village, township or school
district immediately before the acquisition thereof, according to the last
assessment for taxation.
(c) If property of the Metropolitan Airport Authority of Rock Island County is leased to a fixed base operator that provides aeronautical services to the public, then those leasehold interests and any improvements thereon are exempt.
(Source: P.A. 97-1161, eff. 6-1-13.)
(Text of Section WITHOUT the changes made by P.A. 97-1161, which has been held unconstitutional)
Sec. 15-160. Airport authorities and airports. All property belonging to any
Airport Authority and used for Airport Authority purposes or leased to another
entity, which property use would be exempt from taxation under this Code if
it were owned by the lessee entity, is exempt. However, the provision added by
Public Act 86-219 shall not apply to any property of any Airport Authority
located in a county with more than 3,000,000 inhabitants. Property acquired
for airport purposes by an Authority shall remain subject to any tax previously
levied to pay bonds issued and outstanding on the date of acquisition.
Also exempt is any airport or restricted land area or other air navigation
facility owned, controlled, operated or leased by another state or a political
subdivision of another state under the provisions of Sections 25.01 to 25.04,
both inclusive, of the "Illinois Aeronautics Act". However if at the time of
the acquisition of property to be used for public airport purposes the city,
village, township or school district, in which said property is located is
indebted for any amount for payment of which it provided for the collection of
taxes, the property acquired for public airport purposes shall be subject to
taxation for the payment of said indebtedness in the same proportion as said
property bore to the taxable property in said city, village, township or school
district immediately before the acquisition thereof, according to the last
assessment for taxation.
(Source: P.A. 88-455.)
(35 ILCS 200/15-165)
Sec. 15-165. Veterans with disabilities. Property up to an assessed value of $100,000,
owned and used exclusively by a veteran with a disability, or the spouse or unmarried
surviving spouse of the veteran, as a home, is exempt. As used in this
Section, a "veteran with a disability" means a person who has served in the Armed Forces
of the United States and whose disability is of such a nature that the Federal
Government has authorized payment for purchase or construction of Specially
Adapted Housing as set forth in the United States Code, Title 38, Chapter 21,
Section 2101.
The exemption applies to housing where Federal funds have been used to
purchase or construct special adaptations to suit the veteran's disability.
The exemption also applies to housing that is specially adapted to suit the
veteran's disability, and purchased entirely or in part by the proceeds of a
sale, casualty loss reimbursement, or other transfer of a home for which the
Federal Government had previously authorized payment for purchase or
construction as Specially Adapted Housing.
However, the entire proceeds of the sale, casualty loss reimbursement, or
other transfer of that housing shall be applied to the acquisition of
subsequent specially adapted housing to the extent that the proceeds equal the
purchase price of the subsequently acquired housing.
Beginning with the 2015 tax year, the exemption also applies to housing that is specifically constructed or adapted to suit a qualifying veteran's disability if the housing or adaptations are donated by a charitable organization, the veteran has been approved to receive funds for the purchase or construction of Specially Adapted Housing under Title 38, Chapter 21, Section 2101 of the United States Code, and the home has been inspected and certified by a licensed home inspector to be in compliance with applicable standards set forth in U.S. Department of Veterans Affairs, Veterans Benefits Administration Pamphlet 26-13 Handbook for Design of Specially Adapted Housing.
For purposes of this Section, "charitable organization" means any benevolent, philanthropic, patriotic,
or eleemosynary entity that solicits and
collects funds for charitable purposes and includes each local, county, or
area division of that charitable organization.
For purposes of this Section, "unmarried surviving spouse" means the
surviving spouse of the veteran at any time after the death of the veteran
during which such surviving spouse is not married.
This exemption must be reestablished on an annual basis by
certification from the Illinois Department of Veterans' Affairs to the
Department, which shall forward a copy of the certification to local
assessing officials.
A taxpayer who claims an exemption under Section 15-168 or 15-169 may not claim an exemption under this Section.
(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.)
(35 ILCS 200/15-167)
Sec. 15-167. Returning Veterans' Homestead Exemption.
(a) Beginning with taxable year 2007, a homestead exemption, limited to a reduction set forth under subsection (b), from the property's value, as equalized or assessed by the Department, is granted for property that is owned and occupied as the principal residence of a veteran returning from an armed conflict involving the armed forces of the United States who is liable for paying real estate taxes on the property and is an owner of record of the property or has a legal or equitable interest therein as evidenced by a written instrument, except for a leasehold interest, other than a leasehold interest of land on which a single family residence is located, which is occupied as the principal residence of a veteran returning from an armed conflict involving the armed forces of the United States who has an ownership interest therein, legal, equitable or as a lessee, and on which he or she is liable for the payment of property taxes. For purposes of the exemption under this Section, "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces.
(b) In all counties, the reduction is $5,000 for the taxable year in which the veteran returns from active duty in an armed conflict involving the armed forces of the United States; however, if the veteran first acquires his or her principal residence during the taxable year in which he or she returns, but after January 1 of that year, and if the property is owned and occupied by the veteran as a principal residence on January 1 of the next taxable year, he or she may apply the exemption for the next taxable year, and only the next taxable year, after he or she returns. Beginning in taxable year 2010, the reduction shall also be allowed for the taxable year after the taxable year in which the veteran returns from active duty in an armed conflict involving the armed forces of the United States. For land improved with an apartment building owned and operated as a cooperative, the maximum reduction from the value of the property, as equalized by the Department, must be multiplied by the number of apartments or units occupied by a veteran returning from an armed conflict involving the armed forces of the United States who is liable, by contract with the owner or owners of record, for paying property taxes on the property and is an owner of record of a legal or equitable interest in the cooperative apartment building, other than a leasehold interest. In a cooperative where a homestead exemption has been granted, the cooperative association or the management firm of the cooperative or facility shall credit the savings resulting from that exemption only to the apportioned tax liability of the owner or resident who qualified for the exemption. Any person who willfully refuses to so credit the savings is guilty of a Class B misdemeanor.
(c) Application must be made during the application period in effect for the county of his or her residence. The assessor or chief county assessment officer may determine the eligibility of residential property to receive the homestead exemption provided by this Section by application, visual inspection, questionnaire, or other reasonable methods. The determination must be made in accordance with guidelines established by the Department.
(d) The exemption under this Section is in addition to any other homestead exemption provided in this Article 15. Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10; 97-333, eff. 8-12-11.)
(35 ILCS 200/15-168)
Sec. 15-168. Homestead exemption for persons with disabilities.
(a) Beginning with taxable year 2007, an
annual homestead exemption is granted to persons with disabilities in
the amount of $2,000, except as provided in subsection (c), to
be deducted from the property's value as equalized or assessed
by the Department of Revenue. The person with a disability shall receive
the homestead exemption upon meeting the following
requirements:
A person who has a disability during the taxable year
is eligible to apply for this homestead exemption during that
taxable year. Application must be made during the
application period in effect for the county of residence. If a
homestead exemption has been granted under this Section and the
person awarded the exemption subsequently becomes a resident of
a facility licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, then the
exemption shall continue (i) so long as the residence continues
to be occupied by the qualifying person's spouse or (ii) if the
residence remains unoccupied but is still owned by the person
qualified for the homestead exemption.
(b) For the purposes of this Section, "person with a disability"
means a person unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months. Persons with disabilities filing claims under this Act shall submit proof of disability in such form and manner as the Department shall by rule and regulation prescribe. Proof that a claimant is eligible to receive disability benefits under the Federal Social Security Act shall constitute proof of disability for purposes of this Act. Issuance of an Illinois Person with a Disability Identification Card stating that the claimant is under a Class 2 disability, as defined in Section 4A of the Illinois Identification Card Act, shall constitute proof that the person named thereon is a person with a disability for purposes of this Act. A person with a disability not covered under the Federal Social Security Act and not presenting an Illinois Person with a Disability Identification Card stating that the claimant is under a Class 2 disability shall be examined by a physician, optometrist (if the person qualifies because of a visual disability), advanced practice registered nurse, or physician assistant designated by the Department, and his status as a person with a disability determined using the same standards as used by the Social Security Administration. The costs of any required examination shall be borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a person with a disability. The person with a disability shall
receive the homestead exemption upon meeting the following
requirements:
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the chief county assessment officer shall provide to each
person granted a homestead exemption under this Section a form
to designate any other person to receive a duplicate of any
notice of delinquency in the payment of taxes assessed and
levied under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the person with a disability in the
manner required by the chief county assessment officer.
(d-5) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2020 taxable year, without application, for any property that was approved for this exemption for the 2019 taxable year, provided that:
(d-10) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2021 taxable year, without application, for any property that was approved for this exemption for the 2020 taxable year, if:
(d-15) For taxable years 2022 through 2027, in any county of more than 3,000,000 residents, and in any other county where the county board has authorized such action by ordinance or resolution, a chief county assessment officer may renew this exemption for any person who applied for the exemption and presented proof of eligibility, as described in subsection (b) above, without an annual application as required under subsection (d) above. A chief county assessment officer shall not automatically renew an exemption under this subsection if: the physician, advanced practice registered nurse, optometrist, or physician assistant who examined the claimant determined that the disability is not expected to continue for 12 months or more; the exemption has been deemed erroneous since the last
application; or the claimant has reported their ineligibility to receive the exemption. A chief county assessment officer who automatically renews an exemption under this subsection shall notify a person of a subsequent determination not to automatically renew that person's exemption and shall provide that person with an application to renew the exemption.
(e) A taxpayer who claims an exemption under Section 15-165 or 15-169 may not claim an exemption under this Section.
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; 102-895, eff. 5-23-22.)
(35 ILCS 200/15-169)
Sec. 15-169. Homestead exemption for veterans with disabilities.
(a) Beginning with taxable year 2007, an annual homestead exemption, limited to the amounts set forth in subsections (b) and (b-3), is granted for property that is used as a qualified residence by a veteran with a disability.
(b) For taxable years prior to 2015, the amount of the exemption under this Section is as follows:
(b-3) For taxable years 2015 and thereafter:
(b-5) If a homestead exemption is granted under this Section and the person awarded the exemption subsequently becomes a resident of a facility licensed under the Nursing Home Care Act or a facility operated by the United States Department of Veterans Affairs, then the exemption shall continue (i) so long as the residence continues to be occupied by the qualifying person's spouse or (ii) if the residence remains unoccupied but is still owned by the person who qualified for the homestead exemption.
(c) The tax exemption under this Section carries over to the benefit of the veteran's
surviving spouse as long as the spouse holds the legal or
beneficial title to the homestead, permanently resides
thereon, and does not remarry. If the surviving spouse sells
the property, an exemption not to exceed the amount granted
from the most recent ad valorem tax roll may be transferred to
his or her new residence as long as it is used as his or her
primary residence and he or she does not remarry.
As used in this subsection (c):
(c-1) Beginning with taxable year 2015, nothing in this Section shall require the veteran to have qualified for or obtained the exemption before death if the veteran was killed in the line of duty.
(d) The exemption under this Section applies for taxable year 2007 and thereafter. A taxpayer who claims an exemption under Section 15-165 or 15-168 may not claim an exemption under this Section.
(e) Except as otherwise provided in this subsection (e), each taxpayer who has been granted an exemption under this Section must reapply on an annual basis. Application must be made during the application period
in effect for the county of his or her residence. The assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead
exemption provided by this Section by application, visual
inspection, questionnaire, or other reasonable methods. The
determination must be made in accordance with guidelines
established by the Department.
On and after the effective date of this amendatory Act of the 102nd General Assembly, if a veteran has a combined service connected disability rating of 100% and is deemed to be permanently and totally disabled, as certified by the United States Department of Veterans Affairs, the taxpayer who has been granted an exemption under this Section shall no longer be required to reapply for the exemption on an annual basis, and the exemption shall be in effect for as long as the exemption would otherwise be permitted under this Section.
(e-1) If the person qualifying for the exemption does not occupy the qualified residence as of January 1 of the taxable year, the exemption granted under this Section shall be prorated on a monthly basis. The prorated exemption shall apply beginning with the first complete month in which the person occupies the qualified residence.
(e-5) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2020 taxable year, without application, for any property that was approved for this exemption for the 2019 taxable year, provided that:
Nothing in this subsection shall preclude a veteran whose service connected disability rating has changed since the 2019 exemption was granted from applying for the exemption based on the subsequent service connected disability rating.
(e-10) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2021 taxable year, without application, for any property that was approved for this exemption for the 2020 taxable year, if:
Nothing in this subsection shall preclude a veteran whose service connected disability rating has changed since the 2020 exemption was granted from applying for the exemption based on the subsequent service connected disability rating.
(f) For the purposes of this Section:
"Qualified residence" means real
property, but less any portion of that property that is used for
commercial purposes, with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability. Property rented for more than 6 months is
presumed to be used for commercial purposes.
"Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has received an honorable discharge.
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; 102-895, eff. 5-23-22.)
(35 ILCS 200/15-170)
Sec. 15-170. Senior citizens homestead exemption.
(a) An annual homestead
exemption limited, except as described here with relation to cooperatives or
life care facilities, to a
maximum reduction set forth below from the property's value, as equalized or
assessed by the Department, is granted for property that is occupied as a
residence by a person 65 years of age or older who is liable for paying real
estate taxes on the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written instrument,
except for a leasehold interest, other than a leasehold interest of land on
which a single family residence is located, which is occupied as a residence by
a person 65 years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for the payment
of property taxes. Before taxable year 2004, the maximum reduction shall be $2,500 in counties with
3,000,000 or more inhabitants and $2,000 in all other counties. For taxable years 2004 through 2005, the maximum reduction shall be $3,000 in all counties. For taxable years 2006 and 2007, the maximum reduction shall be $3,500. For taxable years 2008 through 2011, the maximum reduction is $4,000 in all counties.
For taxable year 2012, the maximum reduction is $5,000 in counties with
3,000,000 or more inhabitants and $4,000 in all other counties. For taxable years 2013 through 2016, the maximum reduction is $5,000 in all counties. For taxable years 2017 through 2022, the maximum reduction is $8,000 in counties with 3,000,000 or more inhabitants and $5,000 in all other counties. For taxable years 2023 and thereafter, the maximum reduction is $8,000 in counties with 3,000,000 or more inhabitants and counties that are contiguous to a county of 3,000,000 or more inhabitants and $5,000 in all other counties.
(b) For land
improved with an apartment building owned and operated as a cooperative, the maximum reduction from the value of the property, as
equalized
by the Department, shall be multiplied by the number of apartments or units
occupied by a person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the property and
is an owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For land improved with
a life care facility, the maximum reduction from the value of the property, as
equalized by the Department, shall be multiplied by the number of apartments or
units occupied by persons 65 years of age or older, irrespective of any legal,
equitable, or leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility, for paying
property taxes on the property. In a
cooperative or a life care facility where a
homestead exemption has been granted, the cooperative association or the
management firm of the cooperative or facility shall credit the savings
resulting from that exemption only to
the apportioned tax liability of the owner or resident who qualified for
the exemption.
Any person who willfully refuses to so credit the savings shall be guilty of a
Class B misdemeanor. Under this Section and Sections 15-175, 15-176, and 15-177, "life care
facility" means a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a life care
contract as defined in that Act.
(c) When a homestead exemption has been granted under this Section and the person
qualifying subsequently becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, the exemption shall continue so long as the residence
continues to be occupied by the qualifying person's spouse if the spouse is 65
years of age or older, or if the residence remains unoccupied but is still
owned by the person qualified for the homestead exemption.
(d) A person who will be 65 years of age
during the current assessment year
shall
be eligible to apply for the homestead exemption during that assessment
year.
Application shall be made during the application period in effect for the
county of his residence.
(e) Beginning with assessment year 2003, for taxes payable in 2004,
property
that is first occupied as a residence after January 1 of any assessment year by
a person who is eligible for the senior citizens homestead exemption under this
Section must be granted a pro-rata exemption for the assessment year. The
amount of the pro-rata exemption is the exemption
allowed in the county under this Section divided by 365 and multiplied by the
number of days during the assessment year the property is occupied as a
residence by a
person eligible for the exemption under this Section. The chief county
assessment officer must adopt reasonable procedures to establish eligibility
for this pro-rata exemption.
(f) The assessor or chief county assessment officer may determine the eligibility
of a life care facility to receive the benefits provided by this Section, by
affidavit, application, visual inspection, questionnaire or other reasonable
methods in order to insure that the tax savings resulting from the exemption
are credited by the management firm to the apportioned tax liability of each
qualifying resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
(g) The chief county assessment officer of each county with less than 3,000,000
inhabitants shall provide to each person allowed a homestead exemption under
this Section a form to designate any other person to receive a
duplicate of any notice of delinquency in the payment of taxes assessed and
levied under this Code on the property of the person receiving the exemption.
The duplicate notice shall be in addition to the notice required to be
provided to the person receiving the exemption, and shall be given in the
manner required by this Code. The person filing the request for the duplicate
notice shall pay a fee of $5 to cover administrative costs to the supervisor of
assessments, who shall then file the executed designation with the county
collector. Notwithstanding any other provision of this Code to the contrary,
the filing of such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A designation may
be rescinded by the person who executed such designation at any time, in the
manner and form required by the chief county assessment officer.
(h) The assessor or chief county assessment officer may determine the
eligibility of residential property to receive the homestead exemption provided
by this Section by application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in accordance with
guidelines established by the Department.
(i) In counties with 3,000,000 or more inhabitants, for taxable years 2010 through 2018, and beginning again in taxable year 2024, each taxpayer who has been granted an exemption under this Section must reapply on an annual basis.
If a reapplication is required, then the chief county assessment officer shall mail the application to the taxpayer at least 60 days prior to the last day of the application period for the county.
For taxable years 2019 through 2023, in counties with 3,000,000 or more inhabitants, a taxpayer who has been granted an exemption under this Section need not reapply. However, if the property ceases to be qualified for the exemption under this Section in any year for which a reapplication is not required under this Section, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. In addition, for taxable years 2019 through 2023, the chief county assessment officer of a county with 3,000,000 or more inhabitants shall enter into an intergovernmental agreement with the county clerk of that county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted an exemption under this Section. Notwithstanding any other provision of law, the county clerk and the Department of Public Health shall provide that information to the chief county assessment officer. The Department of Public Health shall supply this information no less frequently than every calendar quarter. Information concerning the death of a taxpayer may be shared with the county treasurer. The chief county assessment officer shall also enter into a data exchange agreement with the Social Security Administration or its agent to obtain access to the information regarding deaths in possession of the Social Security Administration. The chief county assessment officer shall, subject to the notice requirements under subsection (m) of Section 9-275, terminate the exemption under this Section if the information obtained indicates that the property is no longer qualified for the exemption. In counties with 3,000,000 or more inhabitants, the assessor and the county recorder of deeds shall establish policies and practices for the regular exchange of information for the purpose of alerting the assessor whenever the transfer of ownership of any property receiving an exemption under this Section has occurred. When such a transfer occurs, the assessor shall mail a notice to the new owner of the property (i) informing the new owner that the exemption will remain in place through the year of the transfer, after which it will be canceled, and (ii) providing information pertaining to the rules for reapplying for the exemption if the owner qualifies. In counties with 3,000,000 or more inhabitants, the chief county assessment official shall conduct audits of all exemptions granted under this Section no later than December 31, 2022 and no later than December 31, 2024. The audit shall be designed to ascertain whether any senior homestead exemptions have been granted erroneously. If it is determined that a senior homestead exemption has been erroneously applied to a property, the chief county assessment officer shall make use of the appropriate provisions of Section 9-275 in relation to the property that received the erroneous homestead exemption.
(j) In counties with less than 3,000,000 inhabitants, the county board may by
resolution provide that if a person has been granted a homestead exemption
under this Section, the person qualifying need not reapply for the exemption.
In counties with less than 3,000,000 inhabitants, if the assessor or chief
county assessment officer requires annual application for verification of
eligibility for an exemption once granted under this Section, the application
shall be mailed to the taxpayer.
(l) The assessor or chief county assessment officer shall notify each person
who qualifies for an exemption under this Section that the person may also
qualify for deferral of real estate taxes under the Senior Citizens Real Estate
Tax Deferral Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number of
county collector, and a
statement that applications for deferral of real estate taxes may be obtained
from the county collector.
(m) Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement by the State is required for the implementation of any mandate
created by this Section.
(Source: P.A. 101-453, eff. 8-23-19; 101-622, eff. 1-14-20; 102-895, eff. 5-23-22.)
(35 ILCS 200/15-172)
Sec. 15-172. Low-Income Senior Citizens Assessment Freeze Homestead Exemption.
(a) This Section may be cited as the Low-Income Senior Citizens Assessment
Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an application under this
Section.
"Base amount" means the base year equalized assessed value of the residence
plus the first year's equalized assessed value of any added improvements which
increased the assessed value of the residence after the base year.
"Base year" means the taxable year prior to the taxable year for which the
applicant first qualifies and applies for the exemption provided that in the
prior taxable year the property was improved with a permanent structure that
was occupied as a residence by the applicant who was liable for paying real
property taxes on the property and who was either (i) an owner of record of the
property or had legal or equitable interest in the property as evidenced by a
written instrument or (ii) had a legal or equitable interest as a lessee in the
parcel of property that was single family residence.
If in any subsequent taxable year for which the applicant applies and
qualifies for the exemption the equalized assessed value of the residence is
less than the equalized assessed value in the existing base year
(provided that such equalized assessed value is not
based
on an
assessed value that results from a temporary irregularity in the property that
reduces the
assessed value for one or more taxable years), then that
subsequent taxable year shall become the base year until a new base year is
established under the terms of this paragraph. For taxable year 1999 only, the
Chief County Assessment Officer shall review (i) all taxable years for which
the
applicant applied and qualified for the exemption and (ii) the existing base
year.
The assessment officer shall select as the new base year the year with the
lowest equalized assessed value.
An equalized assessed value that is based on an assessed value that results
from a
temporary irregularity in the property that reduces the assessed value for one
or more
taxable years shall not be considered the lowest equalized assessed value.
The selected year shall be the base year for
taxable year 1999 and thereafter until a new base year is established under the
terms of this paragraph.
"Chief County Assessment Officer" means the County Assessor or Supervisor of
Assessments of the county in which the property is located.
"Equalized assessed value" means the assessed value as equalized by the
Illinois Department of Revenue.
"Household" means the applicant, the spouse of the applicant, and all persons
using the residence of the applicant as their principal place of residence.
"Household income" means the combined income of the members of a household
for the calendar year preceding the taxable year.
"Income" has the same meaning as provided in Section 3.07 of the Senior
Citizens and Persons with Disabilities Property Tax Relief
Act, except that, beginning in assessment year 2001, "income" does not
include veteran's benefits.
"Internal Revenue Code of 1986" means the United States Internal Revenue Code
of 1986 or any successor law or laws relating to federal income taxes in effect
for the year preceding the taxable year.
"Life care facility that qualifies as a cooperative" means a facility as
defined in Section 2 of the Life Care Facilities Act.
"Maximum income limitation" means:
As an alternative income valuation, a homeowner who is enrolled in any of the following programs may be presumed to have household income that does not exceed the maximum income limitation for that tax year as required by this Section: Aid to the Aged, Blind or Disabled (AABD) Program or the Supplemental Nutrition Assistance Program (SNAP), both of which are administered by the Department of Human Services; the Low Income Home Energy Assistance Program (LIHEAP), which is administered by the Department of Commerce and Economic Opportunity; The Benefit Access program, which is administered by the Department on Aging; and the Senior Citizens Real Estate Tax Deferral Program.
A chief county assessment officer may indicate that he or she has verified an applicant's income eligibility for this exemption but may not report which program or programs, if any, enroll the applicant. Release of personal information submitted pursuant to this Section shall be deemed an unwarranted invasion of personal privacy under the Freedom of Information Act.
"Residence" means the principal dwelling place and appurtenant structures
used for residential purposes in this State occupied on January 1 of the
taxable year by a household and so much of the surrounding land, constituting
the parcel upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer has established a
specific legal description for a portion of property constituting the
residence, then that portion of property shall be deemed the residence for the
purposes of this Section.
"Taxable year" means the calendar year during which ad valorem property taxes
payable in the next succeeding year are levied.
(c) Beginning in taxable year 1994, a low-income senior citizens assessment freeze
homestead exemption is granted for real property that is improved with a
permanent structure that is occupied as a residence by an applicant who (i) is
65 years of age or older during the taxable year, (ii) has a household income that does not exceed the maximum income limitation, (iii) is liable for paying real property taxes on
the
property, and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written instrument. This
homestead exemption shall also apply to a leasehold interest in a parcel of
property improved with a permanent structure that is a single family residence
that is occupied as a residence by a person who (i) is 65 years of age or older
during the taxable year, (ii) has a household income that does not exceed the maximum income limitation,
(iii)
has a legal or equitable ownership interest in the property as lessee, and (iv)
is liable for the payment of real property taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of the exemption for all taxable years is the equalized assessed value of the
residence in the taxable year for which application is made minus the base
amount. In all other counties, the amount of the exemption is as follows: (i) through taxable year 2005 and for taxable year 2007 and thereafter, the amount of this exemption shall be the equalized assessed value of the
residence in the taxable year for which application is made minus the base
amount; and (ii) for
taxable year 2006, the amount of the exemption is as follows:
When the applicant is a surviving spouse of an applicant for a prior year for
the same residence for which an exemption under this Section has been granted,
the base year and base amount for that residence are the same as for the
applicant for the prior year.
Each year at the time the assessment books are certified to the County Clerk,
the Board of Review or Board of Appeals shall give to the County Clerk a list
of the assessed values of improvements on each parcel qualifying for this
exemption that were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building owned and operated as
a cooperative or a building that is a life care facility that qualifies as a
cooperative, the maximum reduction from the equalized assessed value of the
property is limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of age or older, (ii) with a
household income that does not exceed the maximum income limitation, (iii) who is liable, by contract with the
owner
or owners of record, for paying real property taxes on the property, and (iv) who is
an owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under this Section,
the cooperative association or its management firm shall credit the savings
resulting from that exemption only to the apportioned tax liability of the
owner who qualified for the exemption. Any person who willfully refuses to
credit that savings to an owner who qualifies for the exemption is guilty of a
Class B misdemeanor.
When a homestead exemption has been granted under this Section and an
applicant then becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, the exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified applicant's spouse or
(ii) if remaining unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who would have qualified
for an exemption under this Section, and the surviving spouse does not
independently qualify for this exemption because of age, the exemption under
this Section shall be granted to the surviving spouse for the taxable year
preceding and the taxable
year of the death, provided that, except for age, the surviving spouse meets
all
other qualifications for the granting of this exemption for those years.
When married persons maintain separate residences, the exemption provided for
in this Section may be claimed by only one of such persons and for only one
residence.
For taxable year 1994 only, in counties having less than 3,000,000
inhabitants, to receive the exemption, a person shall submit an application by
February 15, 1995 to the Chief County Assessment Officer
of the county in which the property is located. In counties having 3,000,000
or more inhabitants, for taxable year 1994 and all subsequent taxable years, to
receive the exemption, a person
may submit an application to the Chief County
Assessment Officer of the county in which the property is located during such
period as may be specified by the Chief County Assessment Officer. The Chief
County Assessment Officer in counties of 3,000,000 or more inhabitants shall
annually give notice of the application period by mail or by publication. In
counties having less than 3,000,000 inhabitants, beginning with taxable year
1995 and thereafter, to receive the exemption, a person
shall
submit an
application by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A county may, by
ordinance, establish a date for submission of applications that is
different than
July 1.
The applicant shall submit with the
application an affidavit of the applicant's total household income, age,
marital status (and if married the name and address of the applicant's spouse,
if known), and principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule, a method for
verifying the accuracy of affidavits filed by applicants under this Section, and the Chief County Assessment Officer may conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption. Each application shall contain or be verified by a written declaration that it is made under the penalties of perjury. A taxpayer's signing a fraudulent application under this Act is perjury, as defined in Section 32-2 of the Criminal Code of 2012.
The applications shall be clearly marked as applications for the Low-Income Senior
Citizens Assessment Freeze Homestead Exemption and must contain a notice that any taxpayer who receives the exemption is subject to an audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in counties having fewer
than 3,000,000 inhabitants, if an applicant fails
to file the application required by this Section in a timely manner and this
failure to file is due to a mental or physical condition sufficiently severe so
as to render the applicant incapable of filing the application in a timely
manner, the Chief County Assessment Officer may extend the filing deadline for
a period of 30 days after the applicant regains the capability to file the
application, but in no case may the filing deadline be extended beyond 3
months of the original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's physician, advanced practice registered nurse, or physician assistant
stating the nature and extent of the condition, that, in the
physician's, advanced practice registered nurse's, or physician assistant's opinion, the condition was so severe that it rendered the applicant
incapable of filing the application in a timely manner, and the date on which
the applicant regained the capability to file the application.
Beginning January 1, 1998, notwithstanding any other provision to the
contrary, in counties having fewer than 3,000,000 inhabitants, if an applicant
fails to file the application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition sufficiently
severe so as to render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend the filing
deadline for a period of 3 months. In order to receive the extension provided
in this paragraph, the applicant shall provide the Chief County Assessment
Officer with a signed statement from the applicant's physician, advanced practice registered nurse, or physician assistant stating the
nature and extent of the condition, and that, in the physician's, advanced practice registered nurse's, or physician assistant's opinion, the
condition was so severe that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an applicant was
denied an exemption in taxable year 1994 and the denial occurred due to an
error on the part of an assessment
official, or his or her agent or employee, then beginning in taxable year 1997
the
applicant's base year, for purposes of determining the amount of the exemption,
shall be 1993 rather than 1994. In addition, in taxable year 1997, the
applicant's exemption shall also include an amount equal to (i) the amount of
any exemption denied to the applicant in taxable year 1995 as a result of using
1994, rather than 1993, as the base year, (ii) the amount of any exemption
denied to the applicant in taxable year 1996 as a result of using 1994, rather
than 1993, as the base year, and (iii) the amount of the exemption erroneously
denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years of age during the
current taxable year shall be eligible to apply for the homestead exemption
during that taxable year. Application shall be made during the application
period in effect for the county of his or her residence.
The Chief County Assessment Officer may determine the eligibility of a life
care facility that qualifies as a cooperative to receive the benefits
provided by this Section by use of an affidavit, application, visual
inspection, questionnaire, or other reasonable method in order to insure that
the tax savings resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying resident. The Chief
County Assessment Officer may request reasonable proof that the management firm
has so credited that exemption.
Except as provided in this Section, all information received by the chief
county assessment officer or the Department from applications filed under this
Section, or from any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or local tax or
enforcement of any civil or criminal penalty or sanction imposed by this Act or
by any statute or ordinance imposing a State or local tax. Any person who
divulges any such information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the Director or chief county
assessment officer from publishing or making available reasonable statistics
concerning the operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a way that
information contained in any individual claim shall not be disclosed.
Notwithstanding any other provision of law, for taxable year 2017 and thereafter, in counties of 3,000,000 or more inhabitants, the amount of the exemption shall be the greater of (i) the amount of the exemption otherwise calculated under this Section or (ii) $2,000.
(c-5) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2020 taxable year, without application, for any property that was approved for this exemption for the 2019 taxable year, provided that:
Nothing in this subsection shall preclude or impair the authority of a chief county assessment officer to conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption as provided elsewhere in this Section.
(c-10) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2021 taxable year, without application, for any property that was approved for this exemption for the 2020 taxable year, if:
Nothing in this subsection shall preclude or impair the authority of a chief county assessment officer to conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption as provided elsewhere in this Section.
(d) Each Chief County Assessment Officer shall annually publish a notice
of availability of the exemption provided under this Section. The notice
shall be published at least 60 days but no more than 75 days prior to the date
on which the application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The notice shall
appear in a newspaper of general circulation in the county.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; 102-895, eff. 5-23-22.)
(35 ILCS 200/15-173)
Sec. 15-173. Natural Disaster Homestead Exemption.
(a) This Section may be cited as the Natural Disaster Homestead Exemption.
(b) As used in this Section:
"Base amount" means the base year equalized assessed value of the residence.
"Base year" means the taxable year prior to the taxable year in which the natural disaster occurred.
"Chief county assessment officer" means the County Assessor or Supervisor of
Assessments of the county in which the property is located.
"Equalized assessed value" means the assessed value as equalized by the
Illinois Department of Revenue.
"Homestead property" has the meaning ascribed to that term in Section 15-175 of this Code.
"Natural disaster" means an occurrence of widespread or severe damage or loss of property
resulting from any catastrophic cause including but not limited to fire, flood, earthquake, wind, storm, or extended period of severe inclement weather. In the case of a residential
structure affected by flooding, the structure shall not be eligible for this
homestead improvement exemption unless it is located within a local
jurisdiction which is participating in the National Flood Insurance Program. A proclamation of disaster by the President of the United States or Governor of the State of Illinois is not a prerequisite to the classification of an occurrence as a natural disaster under this Section.
(c) A
homestead exemption shall be granted by the chief county assessment officer for homestead properties containing a residential structure that has been
rebuilt following a natural disaster occurring in taxable year 2012 or any taxable year thereafter. The amount of the exemption is the equalized assessed value of the residence in the first taxable year for which the taxpayer applies for an exemption under this Section minus the base amount. To be eligible for an exemption
under this Section: (i) the residential structure must
be rebuilt within 2 years after the date of the natural disaster; and (ii) the square footage of the rebuilt residential structure may not be more than 110% of the square footage of the original residential structure as it existed immediately prior to the natural disaster. The taxpayer's initial application for an exemption under this Section must be made no later than the first taxable year after the residential structure is rebuilt. The exemption shall continue at the same annual amount until the taxable year in which the property is sold or transferred.
(d) To receive the exemption, the taxpayer shall submit an application to the chief county assessment officer of the county in which the property is located by July 1 of each taxable year. A county may, by resolution, establish a date for submission of applications that is different than July 1. The chief county assessment officer may require additional
documentation to be provided by the applicant. The applications shall be clearly marked as applications for the Natural Disaster Homestead Exemption.
(e) Property is not eligible for an exemption under this Section and Section 15-180 for the same natural disaster or catastrophic event. The property may, however, remain eligible for an additional exemption under Section 15-180 for any separate event occurring after the property qualified for an exemption under this Section.
(f) The exemption under this Section carries over to the benefit of the surviving spouse as long as the spouse holds the legal or beneficial title to the homestead and permanently resides thereon.
(g) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 97-716, eff. 6-29-12.)
(35 ILCS 200/15-174)
Sec. 15-174. Community stabilization assessment freeze pilot program.
(a) Beginning January 1, 2015 and ending June 30, 2029, the chief county assessment officer of any county may reduce the assessed value of improvements to residential real property in accordance with subsection (b) for 10 taxable years after the improvements are put in service, if and only if all of the following factors have been met:
To be eligible for the benefit
conferred by this Section, residential units must (i) meet local building codes, or if there are no local building codes, Housing Quality Standards, as determined by the U.S. Department of Housing and Urban Development from time to time and (ii) be owner-occupied or in need of substantial rehabilitation. "Substantial rehabilitation" means, at a minimum, compliance with local building codes and the replacement or renovation of at least 2
primary building systems. Although the cost of each primary building system may vary, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $5 per square foot, adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. "Primary building systems", together with their related rehabilitations, specifically approved for this program are:
(b) For the first 7 years after the improvements are placed in service, the assessed value of the improvements shall be reduced by an amount equal to 90% of the difference between the base year assessed value of the improvements and the assessed value of the improvements in the current taxable year. The property will continue to be eligible for the benefits under this Section in the eighth and ninth taxable years after the improvements are placed in service, calculated as follows, if and only if all of the factors in subsection (a) of this Section continue to be met: in the eighth taxable year, the assessed value of the improvements shall be reduced by an amount equal to 65% of the difference between the base year assessed value of the improvements and the assessed value of the improvements in the current taxable year, and in the ninth taxable year, the assessed value of the improvements shall be reduced by an amount equal to 35% of the difference between the base year assessed value of the improvements and the assessed value of the improvements in the current taxable year. The benefit will cease in the tenth taxable year.
(c) In order to receive benefits under this Section, in addition to any information required by the chief county assessment officer, the taxpayer must also submit the following information to the chief county assessment officer for review:
(d) The chief county assessment officer shall notify the taxpayer as to whether or not the parcel meets the requirements of this Section. If the parcel does not meet the requirements of this Section, the chief county assessment officer shall provide written notice of any deficiencies to the taxpayer, who will then have 14 days from the date of
notification to provide supplemental information showing compliance with this Section. If the taxpayer does not exercise this right to cure the deficiency, or if the information submitted, in the sole judgment of the chief county assessment officer, is insufficient to meet the requirements of this Section, the
chief county assessment officer shall provide a written explanation of the reasons for denial. A taxpayer may subsequently reapply for the benefit if the deficiencies are cured at a later date, but no later than 2019. The chief county assessment officer may charge a reasonable application fee to offset the administrative expenses associated with the program.
(e) The benefit conferred by this Section is limited as follows:
(f) If the taxpayer does not occupy or intend to occupy the residential dwelling as his or her principal residence within a reasonable time, as determined by the chief county assessment officer, the taxpayer must:
(g) For the purposes of this Section,
(Source: P.A. 98-789, eff. 1-1-15.)
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption.
(a) Except as provided in Sections 15-176 and 15-177, homestead
property is
entitled to an annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a reduction in the equalized assessed value
of homestead property equal to the increase in equalized assessed value for the
current assessment year above the equalized assessed value of the property for
1977, up to the maximum reduction set forth below. If however, the 1977
equalized assessed value upon which taxes were paid is subsequently determined
by local assessing officials, the Property Tax Appeal Board, or a court to have
been excessive, the equalized assessed value which should have been placed on
the property for 1977 shall be used to determine the amount of the exemption.
(b) Except as provided in Section 15-176, the maximum reduction before taxable year 2004 shall be
$4,500 in counties with 3,000,000 or more
inhabitants
and $3,500 in all other counties. Except as provided in Sections 15-176 and 15-177, for taxable years 2004 through 2007, the maximum reduction shall be $5,000, for taxable year 2008, the maximum reduction is $5,500, and, for taxable years 2009 through 2011, the maximum reduction is $6,000 in all counties. For taxable years 2012 through 2016, the maximum reduction is $7,000 in counties with 3,000,000 or more
inhabitants
and $6,000 in all other counties. For taxable years 2017 through 2022, the maximum reduction is $10,000 in counties with 3,000,000 or more inhabitants and $6,000 in all other counties. For taxable years 2023 and thereafter, the maximum reduction is $10,000 in counties with 3,000,000 or more inhabitants, $8,000 in counties that are contiguous to a county of 3,000,000 or more inhabitants, and $6,000 in all other counties. If a county has elected to subject itself to the provisions of Section 15-176 as provided in subsection (k) of that Section, then, for the first taxable year only after the provisions of Section 15-176 no longer apply, for owners who, for the taxable year, have not been granted a senior citizens assessment freeze homestead exemption under Section 15-172 or a long-time occupant homestead exemption under Section 15-177, there shall be an additional exemption of $5,000 for owners with a household income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if, based on the most
recent assessment, the equalized assessed value of
the homestead property for the current assessment year is greater than the
equalized assessed value of the property for 1977, the owner of the property
shall automatically receive the exemption granted under this Section in an
amount equal to the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000 assessment year,
homestead property has a pro-rata valuation under
Section 9-180 resulting in an increase in the assessed valuation, a reduction
in equalized assessed valuation equal to the increase in equalized assessed
value of the property for the year of the pro-rata valuation above the
equalized assessed value of the property for 1977 shall be applied to the
property on a proportionate basis for the period the property qualified as
homestead property during the assessment year. The maximum proportionate
homestead exemption shall not exceed the maximum homestead exemption allowed in
the county under this Section divided by 365 and multiplied by the number of
days the property qualified as homestead property.
(d-1) In counties with 3,000,000 or more inhabitants, where the chief county assessment officer provides a notice of discovery, if a property is not
occupied by its owner as a principal residence as of January 1 of the current tax year, then the property owner shall notify the chief county assessment officer of that fact on a form prescribed by the chief county assessment officer. That notice must be received by the chief county assessment officer on or before March 1 of the collection year. If mailed, the form shall be sent by certified mail, return receipt requested. If the form is provided in person, the chief county assessment officer shall provide a date stamped copy of the notice. Failure to provide timely notice pursuant to this subsection (d-1) shall result in the exemption being treated as an erroneous exemption. Upon timely receipt of the notice for the current tax year, no exemption shall be applied to the property for the current tax year. If the exemption is not removed upon timely receipt of the notice by the chief assessment officer, then the error is considered granted as a result of a clerical error or omission on the part of the chief county assessment officer as described in subsection (h) of Section 9-275, and the property owner shall not be liable for the payment of interest and penalties due to the erroneous exemption for the current tax year for which the notice was filed after the date that notice was timely received pursuant to this subsection. Notice provided under this subsection shall not constitute a defense or amnesty for prior year erroneous exemptions.
For the purposes of this subsection (d-1):
"Collection year" means the year in which the first and second installment of the current tax year is billed.
"Current tax year" means the year prior to the collection year.
(e) The chief county assessment officer may, when considering whether to grant a leasehold exemption under this Section, require the following conditions to be met:
In addition, if there is a change in lessee, or if the lessee vacates the property, then the chief county assessment officer may require the owner of the property to notify the chief county assessment officer of that change.
This subsection (e) does not apply to leasehold interests in property owned by a municipality.
(f) "Homestead property" under this Section includes residential property that is
occupied by its owner or owners as his or their principal dwelling place, or
that is a leasehold interest on which a single family residence is situated,
which is occupied as a residence by a person who has an ownership interest
therein, legal or equitable or as a lessee, and on which the person is
liable for the payment of property taxes. For land improved with
an apartment building owned and operated as a cooperative, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value above the
equalized assessed value of the property for 1977, up to
the maximum reduction set forth above, multiplied by the number of apartments
or units occupied by a person or persons who is liable, by contract with the
owner or owners of record, for paying property taxes on the property and is an
owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For land improved with a life care facility, the maximum reduction from the value of the property, as equalized by the Department, shall be multiplied by the number of apartments or units occupied by a person or persons, irrespective of any legal, equitable, or leasehold interest in the facility, who are liable, under a life care contract with the owner or owners of record of the facility, for paying property taxes on the property. For purposes of this
Section, the term "life care facility" has the meaning stated in Section
15-170.
"Household", as used in this Section,
means the owner, the spouse of the owner, and all persons using
the
residence of the owner as their principal place of residence.
"Household income", as used in this Section,
means the combined income of the members of a household
for the calendar year preceding the taxable year.
"Income", as used in this Section,
has the same meaning as provided in Section 3.07 of the Senior
Citizens
and Persons with Disabilities Property Tax Relief Act,
except that
"income" does not include veteran's benefits.
(g) In a cooperative or life care facility where a homestead exemption has been granted, the
cooperative association or the management of the cooperative or life care facility shall credit the savings
resulting from that exemption only to the apportioned tax liability of the
owner or resident who qualified for the exemption. Any person who willfully refuses to so
credit the savings shall be guilty of a Class B misdemeanor.
(h) Where married persons maintain and reside in separate residences qualifying
as homestead property, each residence shall receive 50% of the total reduction
in equalized assessed valuation provided by this Section.
(i) In all counties, the assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead exemption and the amount of the exemption by
application, visual inspection, questionnaire or other reasonable methods. The
determination shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an additional general exemption under this Section shall submit to the chief county assessment officer an application with an affidavit of the applicant's total household income, age, marital status (and, if married, the name and address of the applicant's spouse, if known), and principal dwelling place of members of the household on January 1 of the taxable year. The Department shall issue guidelines establishing a method for verifying the accuracy of the affidavits filed by applicants under this paragraph. The applications shall be clearly marked as applications for the Additional General Homestead Exemption.
(i-5) This subsection (i-5) applies to counties with 3,000,000 or more inhabitants. In the event of a sale of
homestead property, the homestead exemption shall remain in effect for the remainder of the assessment year of the sale. Upon receipt of a transfer declaration transmitted by the recorder pursuant to Section 31-30 of the Real Estate Transfer Tax Law for property receiving an exemption under this Section, the assessor shall mail a notice and forms to the new owner of the property providing information pertaining to the rules and applicable filing periods for applying or reapplying for homestead exemptions under this Code for which the property may be eligible. If the new owner fails to apply or reapply for a homestead exemption during the applicable filing period or the property no longer qualifies for an existing homestead exemption, the assessor shall cancel such exemption for any ensuing assessment year.
(j) In counties with fewer than 3,000,000 inhabitants, in the event of a sale
of
homestead property the homestead exemption shall remain in effect for the
remainder of the assessment year of the sale. The assessor or chief county
assessment officer may require the new
owner of the property to apply for the homestead exemption for the following
assessment year.
(k) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(l) The changes made to this Section by this amendatory Act of the 100th General Assembly are effective for the 2018 tax year and thereafter.
(Source: P.A. 102-895, eff. 5-23-22.)
(35 ILCS 200/15-176)
Sec. 15-176. Alternative general homestead exemption.
(a) For the assessment years as determined under subsection (j), in any county that has elected, by an ordinance in accordance with subsection (k), to be subject to the provisions of this Section in lieu of the provisions of Section 15-175, homestead property is
entitled to
an annual homestead exemption equal to a reduction in the property's equalized
assessed
value calculated as provided in this Section.
(b) As used in this Section:
(c) If the property did not have a residential equalized assessed value for
the base year as provided in subdivision (b)(3)(A) of this Section, then the assessor
shall first determine an initial value for the property by comparison with
assessed values for the base year of other properties having physical and
economic characteristics similar to those of the subject property, so that the
initial value is uniform in relation to assessed values of those other
properties for the base year. The product of the initial value multiplied by
the equalized factor for the base year for homestead properties in that county, less: (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003; (ii) $5,000 in all counties in tax years 2004 and 2005; and (iii) the lesser of the amount of the general homestead exemption under Section 15-175 or an amount equal to the increase in the equalized assessed value for the current tax year above the equalized assessed value for 1977 in tax year 2006 and thereafter, is the base homestead value.
For any tax year for which the assessor determines or adjusts an initial
value and
hence a base homestead value under this subsection (c), the initial value shall
be subject
to review by the same procedures applicable to assessed values established
under this
Code for that tax year.
(d) The base homestead value shall remain constant, except that the assessor
may
revise it under the following circumstances:
(e) The amount of the exemption under this Section is the equalized assessed
value of the homestead property for the current tax year, minus the adjusted homestead
value, with the following exceptions:
(1.5) In Cook County, for the 2006 taxable year only, the maximum amount of the exemption set forth under subsection (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if the equalized assessed value of the property in that taxable year exceeds the equalized assessed value of that property in 2002 by 100% or more; or (ii) by $2,000 if the equalized assessed value of the property in that taxable year exceeds the equalized assessed value of that property in 2002 by more than 80% but less than 100%.
(f) In the case of an apartment building owned and operated as a cooperative, or
as a life care facility, that contains residential units that qualify as homestead property
under this Section, the maximum cumulative exemption amount attributed to the entire
building or facility shall not exceed the sum of the exemptions calculated for each
qualified residential unit. The cooperative association, management firm, or other person
or entity that manages or controls the cooperative apartment building or life care facility
shall credit the exemption attributable to each residential unit only to the apportioned tax
liability of the owner or other person responsible for payment of taxes as to that unit.
Any person who willfully refuses to so credit the exemption is guilty of a Class B
misdemeanor.
(g) When married persons maintain separate residences, the exemption provided
under this Section shall be claimed by only one such person and for only one residence.
(h) In the event of a sale or other transfer in ownership of the homestead property, the exemption under this
Section shall remain in effect for the remainder of the tax year and be calculated using the same base homestead value in which the sale or transfer occurs, but (other than for sales or transfers between spouses or between a parent and a child) shall be calculated for any subsequent tax year using the new base homestead value as provided in subdivision (b)(3)(B).
The assessor may require the new owner of the property to apply for the exemption in the
following year.
(i) The assessor may determine whether property qualifies as a homestead under
this Section by application, visual inspection, questionnaire, or other
reasonable methods.
Each year, at the time the assessment books are certified to the county clerk
by the board
of review, the assessor shall furnish to the county clerk a list of the
properties qualified
for the homestead exemption under this Section. The list shall note the base
homestead
value of each property to be used in the calculation of the exemption for the
current tax
year.
(j) In counties with 3,000,000 or more inhabitants, the provisions of this Section apply as follows:
In counties with less than 3,000,000 inhabitants, this Section applies for assessment years (i) 2009, 2010, 2011, and 2012 if tax year 2008 is the designated base year or (ii) 2010, 2011, 2012, and 2013 if tax year 2009 is the designated base year. Thereafter, the provisions of Section 15-175 apply.
(k) To be subject to the provisions of this Section in lieu of Section 15-175, a county must adopt an ordinance to subject itself to the provisions of this Section within 6 months after August 2, 2010 (the effective date of Public Act 96-1418). In a county other than Cook County, the ordinance must designate either tax year 2008
or tax year 2009
as the base year.
(l) Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement
by the State is required for the implementation of any mandate created by this
Section.
(Source: P.A. 100-201, eff. 8-18-17.)
(35 ILCS 200/15-177)
Sec. 15-177. The long-time occupant homestead exemption.
(a) If the county has elected, under Section 15-176, to be subject to the provisions of the alternative general homestead exemption, then, for taxable years 2007 and thereafter, regardless of whether the exemption under Section 15-176 applies, qualified homestead property is
entitled to
an annual homestead exemption equal to a reduction in the property's equalized
assessed
value calculated as provided in this Section.
(b) As used in this Section:
"Adjusted homestead value" means the lesser of
the following values:
"Base homestead value" means:
"Base year" means the taxable year prior to the taxable year in which the taxpayer first qualifies for the exemption under this Section.
"Current taxable year" means the taxable year for which
the exemption under this Section is being applied.
"Equalized assessed value" means the property's
assessed value as equalized by the Department.
"Homestead" or "homestead property" means residential property that as of January 1 of
the tax year is occupied by a qualified taxpayer as his or her principal dwelling place, or that is a leasehold interest on which a single family residence is situated, that is occupied as a residence by a qualified taxpayer who has a legal or equitable interest therein evidenced by a written instrument, as an owner or as a lessee, and on which the person is liable for the payment of property taxes. Residential units in an apartment building owned and operated as a cooperative, or as a life care facility, which are occupied by persons who hold a legal or equitable interest in the cooperative apartment building or life care facility as owners or lessees, and who are liable by contract for the payment of property taxes, are included within this definition of homestead property. A homestead includes the dwelling place,
appurtenant structures, and so much of the surrounding land constituting the parcel on which the dwelling place is situated as is used for residential purposes. If the assessor has established a specific legal description for a portion of property constituting the homestead, then the homestead is limited to the property within that description.
"Household income" has the meaning set forth under Section 15-172 of this Code.
"General homestead deduction" means the amount of the general homestead exemption under Section 15-175.
"Life care facility" means a facility defined
in Section 2 of the Life Care Facilities Act.
"Qualified homestead property" means homestead property owned by a qualified taxpayer.
"Qualified taxpayer" means any individual:
(c) The base homestead value must remain constant, except that the assessor may revise it under any of the following circumstances:
(d) The amount of the exemption under this Section is the greater of: (i) the equalized assessed value of the homestead property for the current tax year minus the adjusted homestead value; or (ii) the general homestead deduction.
(e) In the case of an apartment building owned and operated as a cooperative, or as a life care facility, that contains residential units that qualify as homestead property of a qualified taxpayer under this Section, the maximum cumulative exemption amount attributed to the entire building or facility shall not exceed the sum of the exemptions calculated for each unit that is a qualified homestead property. The cooperative association, management firm, or other person or entity that manages or controls the cooperative apartment building or life care facility shall credit the exemption attributable to each residential unit only to the apportioned tax liability of the qualified taxpayer as to that unit. Any person who willfully refuses to so credit the exemption is guilty of a Class B misdemeanor.
(f) When married persons maintain separate residences, the exemption provided under this Section may be claimed by only one such person and for only one residence. No person who receives an exemption under Section 15-172 of this Code may receive an exemption under this Section. No person who receives an exemption under this Section may receive an exemption under Section 15-175 or 15-176 of this Code.
(g) In the event of a sale or other transfer in ownership of the homestead property between spouses or between a parent and a child, the exemption under this Section remains in effect if the new owner has a household income of $100,000 or less.
(h) In the event of a sale or other transfer in ownership of the homestead property other than subsection (g) of this Section, the exemption under this Section shall remain in effect for the remainder of the tax year and be calculated using the same base homestead value in which the sale or transfer occurs.
(i) To receive the exemption, a person must submit an application to the county assessor during the period specified by the county assessor.
The county assessor shall annually give notice of the application period by mail or by publication.
The taxpayer must submit, with the application, an affidavit of the taxpayer's total household income, marital status (and if married the name and address of the applicant's spouse, if known), and principal dwelling place of members of the household on January 1 of the taxable year. The Department shall establish, by rule, a method for verifying the accuracy of affidavits filed by applicants under this Section, and the Chief County Assessment Officer may conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption. Each application shall contain or be verified by a written declaration that it is made under the penalties of perjury. A taxpayer's signing a fraudulent application under this Act is perjury, as defined in Section 32-2 of the Criminal Code of 2012. The applications shall be clearly marked as applications for the Long-time Occupant Homestead Exemption and must contain a notice that any taxpayer who receives the exemption is subject to an audit by the Chief County Assessment Officer.
(j) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
(35 ILCS 200/15-178)
Sec. 15-178. Reduction in assessed value for affordable rental housing construction or rehabilitation.
(a) The General Assembly finds that there is a shortage of high quality affordable rental homes for low-income and very-low-income households throughout Illinois; that owners and developers of rental housing face significant challenges building newly constructed apartments or undertaking rehabilitation of existing properties that results in rents that are affordable for low-income and very-low-income households; and that it will help Cook County and other parts of Illinois address the extreme shortage of affordable rental housing by developing a statewide policy to determine the assessed value for newly constructed and rehabilitated affordable rental housing that both encourages investment and incentivizes property owners to keep rents affordable.
(b) Each chief county assessment officer shall implement special assessment programs to reduce the assessed value of all eligible newly constructed residential real property or qualifying rehabilitation to all eligible existing residential real property in accordance with subsection (c) for 10 taxable years after the newly constructed residential real property or improvements to existing residential real property are put in service. Any county with less than 3,000,000 inhabitants may decide not to implement one or both of the special assessment programs defined in subparagraph (1) of subsection (c) of this Section and subparagraph (2) of subsection (c) of this Section upon passage of an ordinance by a majority vote of the county board. Subsequent to a vote to opt out of this special assessment program, any county with less than 3,000,000 inhabitants may decide to implement one or both of the special assessment programs defined in subparagraph (1) of subsection (c) of this Section and subparagraph (2) of subsection (c) of this Section upon passage of an ordinance by a majority vote of the county board. Property is eligible for the special assessment program if and only if all of the following factors have been met:
(c) For those counties that are required to implement the special assessment program and do not opt out of such special assessment program, the chief county assessment officer for that county shall require that residential real property is eligible for the special assessment program if and only if one of the additional factors have been met:
If a reduction in assessed value is granted under one special assessment program provided for in this Section, then that same residential real property is not eligible for an additional special assessment program under this Section at the same time.
(d) The amount of the reduction in assessed value for residential real property meeting the conditions set forth in subparagraph (1) of subsection (c) shall be calculated as follows:
(e) The amount of the reduction for residential real property meeting the conditions set forth in subparagraph (2) of subsection (c) shall be calculated as follows:
(f) Application requirements.
(g) As used in this Section:
"Affordable units" means units that have rents that do not exceed the maximum rents as defined in this Section.
"Assessed value for the residential real property in the base year" means the assessed value used to calculate the tax bill, as certified by the board of review, for the tax year immediately prior to the tax year in which the building permit is issued. For property assessed as other than residential property, the "assessed value for the residential real property in the base year" means the assessed value that would have been obtained had the property been classified as residential as derived from the board of review's certified market value.
"Household income" includes the annual income for all the people who occupy a housing unit that is anticipated to be received from a source outside of the family during the 12-month period following admission or the annual recertification, including related family members and all the unrelated people who share the housing unit. Household income includes the total of the following income sources: wages, salaries and tips before any payroll deductions; net business income; interest and dividends; payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; Social Security income, including lump sum payments; payments from insurance policies, annuities, pensions, disability benefits and other types of periodic payments, alimony, child support, and other regular monetary contributions; and public assistance, except for assistance from the Supplemental Nutrition Assistance Program (SNAP). "Household income" does not include: earnings of children under age 18; temporary income such as cash gifts; reimbursement for medical expenses; lump sums from inheritance, insurance payments, settlements for personal or property losses; student financial assistance paid directly to the student or to an educational institution; foster child care payments; receipts from government-funded training programs; assistance from the Supplemental Nutrition Assistance Program (SNAP).
"Low affordability community" means (1) a municipality or jurisdiction with less than 1,000,000 inhabitants in which 40% or less of its total year-round housing units are affordable, as determined by the Illinois Housing Development Authority during the exemption determination process under the Affordable Housing Planning and Appeal Act; (2) "D" zoning districts as now or hereafter designated in the Chicago Zoning Ordinance; or (3) a jurisdiction located in a municipality with 1,000,000 or more inhabitants that has been designated as a low affordability community by passage of a local ordinance by that municipality, specifying the census tract or property by permanent index number or numbers.
"Maximum income limits" means the maximum regular income limits for 60% of area median income for the geographic area in which the multifamily building is located for multifamily programs as determined by the United States Department of Housing and Urban Development and published annually by the Illinois Housing Development Authority. A property may be deemed to have satisfied the maximum income limits with a weighted average if municipal, state, or federal laws, ordinances, rules, or regulations requires the use of a weighted average of no more than 60% of area median income for that property.
"Maximum rent" means the maximum regular rent for 60% of the area median income for the geographic area in which the multifamily building is located for multifamily programs as determined by the United States Department of Housing and Urban Development and published annually by the Illinois Housing Development Authority. To be eligible for the reduced valuation defined in this Section, maximum rents are to be consistent with the Illinois Housing Development Authority's rules; or if the owner is leasing an affordable unit to a household with an income at or below the maximum income limit who is participating in qualifying income-based rental subsidy program, "maximum rent" means the maximum rents allowable under the guidelines of the qualifying income-based rental subsidy program. A property may be deemed to have satisfied the maximum rent with a weighted average if municipal, state, or federal laws, ordinances, rules, or regulations requires the use of a weighted average of no more than 60% of area median income for that property.
"Qualifying income-based rental subsidy program" means a Housing Choice Voucher issued by a housing authority under Section 8 of the United States Housing Act of 1937, a tenant voucher converted to a project-based voucher by a housing authority or any other program administered or funded by a housing authority, the Illinois Housing Development Authority, another State agency, a federal agency, or a unit of local government where participation is limited to households with incomes at or below the maximum income limits as defined in this Section and the tenants' portion of the rent payment is based on a percentage of their income or a flat amount that does not exceed the maximum rent as defined in this Section.
"Qualifying rehabilitation" means, at a minimum, compliance with local building codes and the replacement or renovation of at least 2 primary building systems to be approved for the reduced valuation under paragraph (1) of subsection (d) of this Section and at least 5 primary building systems to be approved for the reduced valuation under subsection (e) of this Section. Although the cost of each primary building system may vary, to be approved for the reduced valuation under paragraph (1) of subsection (d) of this Section, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $8 per square foot for work completed between January 1 of the year in which this amendatory Act of the 102nd General Assembly takes effect and December 31 of the year in which this amendatory Act of the 102nd General Assembly takes effect and, in subsequent years, $8 adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. To be approved for the reduced valuation under paragraph (2) of subsection (d) of this Section, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $12.50 per square foot for work completed between January 1 of the year in which this amendatory Act of the 102nd General Assembly takes effect and December 31 of the year in which this amendatory Act of the 102nd General Assembly takes effect, and in subsequent years, $12.50 adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. To be approved for the reduced valuation under subsection (e) of this Section, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $60 per square foot for work completed between January 1 of the year that this amendatory Act of the 102nd General Assembly becomes effective and December 31 of the year that this amendatory Act of the 102nd General Assembly becomes effective and, in subsequent years, $60 adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. "Primary building systems", together with their related rehabilitations, specifically approved for this program are:
(Source: P.A. 102-175, eff. 7-29-21; 102-893, eff. 5-20-22.)
(35 ILCS 200/15-180)
Sec. 15-180. Homestead improvements. Homestead properties that have been
improved and residential structures on homestead property that have been
rebuilt following a catastrophic event are entitled to a homestead improvement
exemption, limited to $30,000 per year through December 31, 1997,
$45,000 beginning January 1, 1998 and through December 31, 2003, and $75,000
per year for that homestead property beginning
January 1, 2004
and thereafter, in fair cash value, when that
property
is owned and used exclusively for a residential purpose and upon demonstration
that a proposed increase in assessed value is attributable solely to a new
improvement of an existing structure or the rebuilding of a residential
structure following a catastrophic event. To be eligible for an exemption
under this Section after a catastrophic event, the residential structure must
be rebuilt within 2 years after the catastrophic event. The exemption for
rebuilt structures under this Section applies to the increase in value of the
rebuilt structure over the value of the structure before the catastrophic
event. The amount of the exemption shall be limited to the fair cash value
added by the new improvement or rebuilding and shall continue
for 4 years from
the date the improvement or rebuilding is completed and occupied, or until the
next following general assessment of that property, whichever is later.
A proclamation of disaster by the President of the United States or Governor
of the State of Illinois is not a prerequisite to the classification of an
occurrence as a catastrophic event under this Section. A "catastrophic event"
may include an occurrence of widespread or severe damage or loss of property
resulting from any catastrophic cause including but not limited to fire,
including arson (provided the fire was not caused by the willful action of an
owner or resident of the property), flood, earthquake, wind, storm, explosion,
or extended periods of severe inclement weather. In the case of a residential
structure affected by flooding, the structure shall not be eligible for this
homestead improvement exemption unless it is located within a local
jurisdiction which is participating in the National Flood Insurance Program.
In counties of less than 3,000,000 inhabitants, in addition to the notice
requirement under Section 12-30, a supervisor of assessments, county assessor,
or township or multi-township assessor responsible for adding an assessable
improvement to a residential property's assessment shall either notify a
taxpayer whose assessment has been changed since the last preceding assessment
that he or she may be eligible for the exemption provided under this Section or
shall grant the exemption automatically.
Beginning January 1, 1999, in counties of 3,000,000 or more inhabitants,
an application for a
homestead
improvement exemption for a residential structure that has been rebuilt
following a catastrophic event must be submitted to the Chief County Assessment
Officer with a valuation complaint and a copy of the building permit to rebuild
the structure. The Chief County Assessment Officer may require additional
documentation which must be provided by the applicant.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 93-715, eff. 7-12-04.)
(35 ILCS 200/15-185)
Sec. 15-185. Exemption for leaseback property and qualified leased property.
(a) Notwithstanding anything in this Code to
the
contrary, all property owned by a municipality with a population of over
500,000
inhabitants, a unit of local government whose jurisdiction includes
territory located in
whole or in part within a municipality with a population of over 500,000
inhabitants, or a municipality with home rule powers that is contiguous to a municipality with a population of over 500,000 inhabitants,
shall remain exempt from taxation and any leasehold interest in that property
shall not be
subject to taxation under Section 9-195 if
the
property is directly or indirectly leased, sold, or otherwise transferred to
another entity
whose property is not exempt and immediately thereafter is the subject of a
leaseback or
other agreement that directly or indirectly gives the municipality or unit of
local
government (i) a right to use, control, and possess the property or (ii) a
right to require
the other entity, or the other entity's designee or assignee, to use the
property in the
performance of services for the municipality or unit of local government. Property
shall no longer be exempt under this subsection as of the date when the right of
the
municipality or unit of local government to use, control, and possess the
property or to
require the performance of services is terminated and the municipality or unit
of local
government no longer has any option to purchase or otherwise reacquire the
interest in
the property which was transferred by the municipality or unit of local
government.
(b) Notwithstanding anything in this Code to
the
contrary, all property owned by a municipality with a population of over
500,000
inhabitants, a unit of local government whose jurisdiction includes
territory located in
whole or in part within a municipality with a population of over 500,000
inhabitants, or a municipality with home rule powers that is contiguous to a municipality with a population of over 500,000 inhabitants,
shall remain exempt from taxation and any leasehold interest in that property
is not
subject to taxation under Section 9-195 if the property, including dedicated public property, is used by a municipality or other unit of local government for the purpose of parking and is leased for continued use for the same purpose to another entity whose property is not exempt. If property located in a municipality with a population of more than 500,000 inhabitants is not subject to taxation due to its use for the purpose of parking, and any portion of the property is used for a purpose other than parking, that portion of the property shall be subject to taxation under Section 9-195 for the period of time during which it is used for that non-exempt purpose; provided, however, that the use of a portion of such property for a non-exempt purpose shall have no effect on (i) the exemption of the remaining portion of the property that continues to be used for an exempt purpose, as identified in this subsection, or (ii) the future exemption of that same portion of the property if it ceases to be used for a non-exempt purpose and returned to use for an exempt purpose as identified in this subsection. No taxes shall be assessed on any portion of the property identified in this subsection prior to the effective date of this amendatory Act of the 101st General Assembly.
Any transaction described under this subsection must be undertaken in accordance with all appropriate federal laws and regulations.
(c) For purposes of this Section, "municipality" means a municipality as defined
in
Section 1-1-2 of the Illinois Municipal Code, and "unit of local government"
means a unit
of local government as defined in Article VII, Section 1 of the Constitution of
the State of
Illinois. The provisions of this Section supersede and control over any
conflicting
provisions of this Code.
(Source: P.A. 101-551, eff. 1-1-20.)
Structure Illinois Compiled Statutes