There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 35 ILCS 200/ Property Tax Code. Title 4 - Exemptions
(35 ILCS 200/15‑5)
Sec. 15‑5.
Creation of exemptions.
Any person wishing to claim an
exemption for the first time, other than 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.
(Source: P.A. 92‑333, eff. 8‑10‑01.)
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(35 ILCS 200/15‑10)
Sec. 15‑10. Exempt property; procedures for certification. 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 or the status of the
owner‑resident, or that a disabled veteran 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.
However, titleholders or owners of the beneficial interest in any property
exempted under any of the following provisions are not required to
submit an annual filing under this Section:
(1) Section 15‑45 (burial grounds) in counties of | ||
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(2) Section 15‑40.
(3) Section 15‑50 (United States property).
If there is a change in use or ownership, however, notice must be filed
pursuant to Section 15‑20.
An application for homestead exemptions shall be filed as provided in
Section 15‑170 (senior citizens homestead exemption), Section 15‑172 (senior
citizens assessment freeze homestead exemption), and Sections
15‑175 and 15‑176
(general
homestead exemption), respectively.
(Source: P.A. 92‑333, eff. 8‑10‑01; 92‑729, eff. 7‑25‑02; 93‑715, eff. 7‑12‑04.)
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(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.)
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(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 30
days of the change. 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 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. 87‑895; 87‑1189; 88‑455; incorporates 88‑221;
88‑670, eff. 12‑2‑94.)
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(35 ILCS 200/15‑25)
(Text of Section from P.A. 92‑651)
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 10 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. 92‑651, eff. 7‑11‑02.)
(Text of Section from P.A. 92‑658)
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 with 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. 82‑554; 88‑455; 92‑658, eff. 7‑16‑02.)
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(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.)
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(35 ILCS 200/15‑35)
Sec. 15‑35.
Schools.
All property donated by the United States for school
purposes, and all property of schools, not sold or leased or otherwise used
with a view to profit, is exempt, whether owned by a resident or non‑resident
of this State or by a corporation incorporated in any state of the United
States. Also exempt is:
(a) property of schools which is leased to a | ||
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(b) property of schools on which the schools are | ||
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(c) property donated, granted, received or used for | ||
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(d) in counties with more than 200,000 inhabitants | ||
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(e) property owned by a school district. The | ||
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(1) If the property has been conveyed as | ||
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(A) the right of the school district to use, | ||
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(B) the school district no longer has an | ||
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(C) there is no provision for a reverter of | ||
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(2) Pursuant to Sections 15‑15 and 15‑20 of this | ||
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(3) No provision of this subsection shall be | ||
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(4) The changes made by this amendatory Act of | ||
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(f) in counties with more than 200,000 inhabitants | ||
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(Source: P.A. 91‑513, eff. 8‑13‑99; 91‑578, eff.
8‑14‑99; 92‑16, eff. 6‑28‑01.)
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(35 ILCS 200/15‑40)
Sec. 15‑40.
Religious purposes, orphanages, or school and religious
purposes.
(a) Property used exclusively for:
(1) religious purposes,
or
(2) school and religious purposes, or
(3) orphanages
qualifies for exemption as long as it is not used with a view to profit.
(b) Property that is owned by
(1) churches or
(2) religious institutions
or
(3) religious denominations
and
that is used in conjunction therewith as housing facilities provided
for ministers (including bishops, district superintendents and similar
church officials whose ministerial duties are not limited to a single
congregation), their spouses, children and domestic workers, performing
the duties of their vocation as ministers at such churches or religious
institutions or for such religious denominations, including the
convents
and monasteries where persons engaged in religious activities reside also
qualifies for exemption.
A parsonage, convent or monastery or other housing facility shall be
considered under this Section to be exclusively used for religious purposes
when the persons who perform religious related activities shall, as a condition
of their employment or association, reside in the facility.
(c) In Cook County, whenever any interest in a property exempt under this
Section is transferred, notice of that transfer
must be filed with the county 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.)
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(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.)
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(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.)
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(35 ILCS 200/15‑55)
(Text of Section from P.A. 93‑19)
Sec. 15‑55.
State property.
(a) All property belonging to the State of Illinois
is exempt. However, the State agency holding title shall file the certificate
of ownership and use required by Section 15‑10, together with a copy of any
written lease or agreement, in effect on March 30 of the assessment year,
concerning parcels of 1 acre or more, or an explanation of the terms of any
oral agreement under which the property is leased, subleased or rented.
The leased property shall be assessed to the lessee and the taxes thereon
extended and billed to the lessee, and collected in the same manner as
for property which is not exempt. The lessee shall be liable
for the taxes and no lien shall attach to the property of the State.
For the purposes of this Section, the word "leases" includes
licenses, franchises, operating agreements and other arrangements under which
private individuals, associations or corporations are granted the right to use
property of the Illinois State Toll Highway Authority and includes all property
of the Authority used by others without regard to the size of the leased
parcel.
(b) However, all property of every kind belonging to the State of
Illinois, which
is or may hereafter be leased to the Illinois Prairie Path Corporation, shall
be exempt from all assessments, taxation or collection, despite the making of
any such lease, if it is used for:
(1) conservation, nature trail or any other | ||
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(2) the establishment of footpaths, trails and other | ||
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(3) the conservation of the proper use of natural | ||
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(4) the promotion of education in the fields of | ||
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(5) similar public recreational activities conducted | ||
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No lien shall attach to the property of the State. No tax liability shall
become the obligation of or be enforceable against Illinois Prairie Path
Corporation.
(c) If the State sells the
James R.
Thompson Center
or the Elgin Mental Health Center and surrounding land located at 750 S.
State Street,
Elgin, Illinois, as provided in subdivision (a)(2) of Section 7.4 of
the State Property Control Act,
to
another entity whose property is not exempt and immediately thereafter enters
into a
leaseback or other agreement that directly or indirectly gives the State a
right to use,
control, and possess the property, that portion of the property leased and
occupied exclusively by the State shall remain exempt under this
Section.
For the property to remain exempt under this subsection (c), the State must
retain an
option to purchase the property at a future date or, within the limitations
period for
reverters, the property must revert back to the State.
If the property has been conveyed as described in this subsection (c), the
property
is no longer exempt pursuant to this Section as of the date when:
(1) the right of the State to use, control, and | ||
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(2) the State no longer has an option to purchase or | ||
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Pursuant to Sections 15‑15 and 15‑20 of this Code, the State shall notify the
chief
county assessment officer of any transaction under this subsection (c). The
chief county
assessment officer shall determine initial and continuing compliance with the
requirements of this Section for tax exemption. Failure to notify the chief
county
assessment officer of a transaction under this subsection (c) or to otherwise
comply with
the requirements of Sections 15‑15 and 15‑20 of this Code shall, in the
discretion of the
chief county assessment officer, constitute cause to terminate the exemption,
notwithstanding any other provision of this Code.
(c‑1) If the Illinois State Toll Highway Authority sells the
Illinois State Toll Highway Authority headquarters building and surrounding
land,
located at 2700 Ogden Avenue, Downers Grove, Illinois
as provided in subdivision (a)(2) of Section 7.5 of
the State Property Control Act,
to
another entity whose property is not exempt and immediately thereafter enters
into a
leaseback or other agreement that directly or indirectly gives the State or the
Illinois State Toll Highway Authority a
right to use,
control, and possess the property, that portion of the property leased and
occupied exclusively by the State or the Authority shall remain exempt under
this
Section.
For the property to remain exempt under this subsection (c), the Authority must
retain an
option to purchase the property at a future date or, within the limitations
period for
reverters, the property must revert back to the Authority.
If the property has been conveyed as described in this subsection (c), the
property
is no longer exempt pursuant to this Section as of the date when:
(1) the right of the State or the Authority to use, | ||
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(2) the Authority no longer has an option to | ||
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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) Public Act 81‑1026 applies to all leases or agreements entered into
or
renewed on or after September 24, 1979.
(Source: P.A. 93‑19, eff. 6‑20‑03.)
(Text of Section from P.A. 93‑658) Sec. 15‑55. State property. 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.
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:
(a) conservation, nature trail or any other | ||
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(b) the establishment of footpaths, trails and other | ||
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(c) the conservation of the proper use of natural | ||
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(d) the promotion of education in the fields of | ||
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(e) similar public recreational activities conducted | ||
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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.
However, 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 leasehold tax under this paragraph
the Will County Supervisor of Assessments shall
certify, in
writing, to the
Department of Transportation, the amount of leasehold taxes
extended for the 2002 property tax
year for
each such exempt parcel.
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 of leasehold taxes for each such exempt parcel as certified
by the Will County Supervisor of Assessments. The tax compensation shall
terminate
on
December 31, 2010. 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 leasehold tax compensation in excess of the Tax
Recovery Fund's balance.
Public Act 81‑1026 applies to all leases or agreements entered into or
renewed on or after September 24, 1979.
(Source: P.A. 93‑658, eff. 1‑22‑04.)
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(35 ILCS 200/15‑60)
Sec. 15‑60.
Taxing district property.
All property belonging to any county
or municipality used exclusively for the maintenance of the poor is exempt,
as is all property owned by a taxing district that is being held for future
expansion or development, except if leased by the taxing district to lessees
for use for other than public purposes.
Also exempt are:
(a) all swamp or overflowed lands belonging to any | ||
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(b) all public buildings belonging to any county, | ||
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(c) all property owned by any municipality located | ||
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(c‑5) Notwithstanding clause (i) of subsection (c), | ||
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(d) all property owned by any municipality located | ||
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(e) all property owned by a township and operated as | ||
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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. 92‑844, eff. 8‑23‑02; 92‑846, eff. 8‑23‑02.)
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(35 ILCS 200/15‑65)
Sec. 15‑65.
Charitable purposes.
All property of the following is exempt
when actually and exclusively used for charitable or beneficent purposes, and
not leased or otherwise used with a view to profit:
(a) Institutions of public charity.
(b) Beneficent and charitable organizations | ||
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(c) Old people's homes, facilities for persons with | ||
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An applicant that has been granted an exemption | ||
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If a not‑for‑profit organization leases property | ||
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(d) Not‑for‑profit health maintenance organizations | ||
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(e) All free public libraries.
(f) Historical societies.
Property otherwise qualifying for an exemption under this Section shall not
lose its exemption because the legal title is held (i) by an entity that is
organized solely to hold that title and that qualifies under paragraph (2) of
Section 501(c) of the Internal Revenue Code or its successor, whether or not
that entity receives rent from the charitable organization for the repair and
maintenance of the property, (ii) by an entity that is organized as
a
partnership, in which the charitable organization, or an affiliate or
subsidiary of the charitable organization, is a general partner, 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, 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 receives a notification from the
Internal Revenue Service that it qualifies under paragraph (2) or (3) of
Section 501(c) of the Internal Revenue Code; (B) the limited liability
company's sole
members, as that term is used in Section 1‑5 of the Limited Liability Company
Act, are the institutions of public charity that actually and exclusively use
the property for charitable and beneficent purposes; and (C) the limited
liability company does not lease the property or otherwise use it with a view
to profit.
(Source: P.A. 91‑416, eff. 8‑6‑99; 92‑382, eff. 8‑16‑01.)
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(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.)
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(35 ILCS 200/15‑70)
Sec. 15‑70.
Fire protection purposes.
All property used exclusively for
fire protection purposes and belonging to any city, village, or incorporated
town is exempt.
All property of a corporation or an association which maintains a fire patrol
and salvage corps for the public benefit is exempt if the property is:
(a) used exclusively for providing suitable rooms, | ||
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(b) necessary for the accommodation of a fire patrol | ||
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(c) used to provide a service that is rendered | ||
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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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(35 ILCS 200/15‑95)
Sec. 15‑95.
Housing authorities.
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.
(Source: Laws 1959, p. 1549, 1554, 2219, and 2224; P.A. 88‑455.)
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(35 ILCS 200/15‑100)
Sec. 15‑100.
Public transportation systems.
(a) All property belonging to any
municipal corporation created for the sole purpose of owning and operating a
transportation system for public service is exempt.
(b) Property owned by
(i) a municipal corporation of 500,000 or more
inhabitants, used for public transportation purposes, and
operated by the Chicago Transit Authority;
(ii) the Regional Transportation Authority;
(iii) any
service board or division of the Regional Transportation Authority; (iv) the
Northeast Illinois Regional Commuter Railroad Corporation; or
(v) the Chicago Transit Authority
shall be exempt.
For purposes of this Section alone,
the Regional Transportation Authority, any service board or division of the
Regional Transportation Authority, the Northeast Illinois Regional Commuter
Railroad Corporation, the Chicago Transit Authority, or a
municipal corporation, as defined in item (i),
shall be deemed an "eligible transportation authority". The
exemption provided in this subsection shall not be affected by any transaction
in which, for
the purpose of obtaining financing, the eligible transportation authority,
directly or
indirectly, leases or otherwise transfers such property to another whose
property is not exempt and immediately thereafter enters into a leaseback or
other agreement that directly or indirectly gives the eligible transportation
authority
a right to use, control, and possess the property. In the case of a conveyance
of such property, the eligible transportation authority must retain an option
to
purchase the property at a future date or, within the limitations period for
reverters, the property must revert back to the eligible transportation
authority.
(c) If such property has been conveyed as described in subsection (b), the
property will no longer be exempt pursuant to this Section as of the date when:
(1) the right of the eligible transportation | ||
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(2) the eligible transportation authority no longer | ||
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(3) there is no provision for a reverter of the | ||
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(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.)
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(35 ILCS 200/15‑103)
Sec. 15‑103.
Bi‑State Development Agency.
(a) Property owned by
the Bi‑State
Development Agency of the Missouri‑Illinois Metropolitan District is
exempt.
(b) The exemption under this Section is not affected by any
transaction
in which, for
the purpose of obtaining financing, the Agency,
directly or
indirectly, leases or otherwise transfers the property to another for which or
whom property is not exempt and immediately after the lease or transfer enters
into a leaseback
or other agreement that directly or indirectly gives the Agency a right to
use, control, and possess the property. In the case of a
conveyance
of the property, the Agency must retain an option
to
purchase the property at a future date or, within the limitations period for
reverters, the property must revert back to the Agency.
(c) If the property has been conveyed as described in subsection (b), the
property is no longer exempt under this Section as of the date when:
(1) the right of the Agency to use, control, and | ||
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(2) the Agency no longer has an option to purchase | ||
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(3) there is no provision for a reverter of the | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(35 ILCS 200/15‑143)
Sec. 15‑143. Metropolitan Water Reclamation Districts in counties with a
population greater than 3,000,000. 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.
(Source: P.A. 93‑767, eff. 7‑20‑04.)
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(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.)
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(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.)
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(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.)
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(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.)
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(35 ILCS 200/15‑160)
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: Laws 1963, p. 1725; P.A. 86‑219; 88‑455.)
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(2) For an applicant who has a household income | ||
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(3) For an applicant who has a household income | ||
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(4) For an applicant who has a household income | ||
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(5) For an applicant who has a household income | ||
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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 of $35,000 or less prior to taxable year 1999, $40,000 or
less in taxable years 1999 through 2003, $45,000 or less in taxable year 2004 and 2005, and $50,000 or less in taxable year 2006 and thereafter, (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 Nursing Home
Care 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.
The applications shall be clearly marked as applications for the Senior
Citizens Assessment Freeze Homestead Exemption.
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
stating the nature and extent of the condition, that, in the
physician'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 stating the
nature and extent of the condition, and that, in the physician'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.
(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. 93‑715, eff. 7‑12‑04; 94‑794, eff. 5‑22‑06.)
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(35 ILCS 200/15‑175)
Sec. 15‑175. General homestead exemption. Except as provided in Section
15‑176, homestead
property is
entitled to an annual homestead exemption limited, except as described here
with relation to cooperatives, to a reduction in the equalized assessed value
of homestead property equal to the increase in equalized assessed value for the
current assessment year above the equalized assessed value of the property for
1977, up to the maximum reduction set forth below. If however, the 1977
equalized assessed value upon which taxes were paid is subsequently determined
by local assessing officials, the Property Tax Appeal Board, or a court to have
been excessive, the equalized assessed value which should have been placed on
the property for 1977 shall be used to determine the amount of the exemption.
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 Section 15‑176, for taxable years 2004 and thereafter, the maximum reduction shall be $5,000 in all 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 (i) who have not been granted a senior citizens assessment freeze homestead exemption under Section 15‑172 for the taxable year and (ii) whose qualified property has an assessed valuation that has increased by more than 20% over the previous assessed valuation of the property, there shall be an additional exemption of $5,000 for owners with a household income of $30,000 or less. For purposes of this paragraph, "household income" has the meaning set forth in this Section 15‑175.
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.
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.
"Homestead property" under this Section includes residential property that is
occupied by its owner or owners as his or their principal dwelling place, or
that is a leasehold interest on which a single family residence is situated,
which is occupied as a residence by a person who has an ownership interest
therein, legal or equitable or as a lessee, and on which the person is
liable for the payment of property taxes. For land improved with
an apartment building owned and operated as a cooperative or a building which
is a life care facility as defined in Section 15‑170 and considered to
be a cooperative under Section 15‑170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value above the
equalized assessed value of the property for 1977, up to
the maximum reduction set forth above, multiplied by the number of apartments
or units occupied by a person or persons who is liable, by contract with the
owner or owners of record, for paying property taxes on the property and is an
owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For purposes of this
Section, the term "life care facility" has the meaning stated in Section
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 Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act,
except that
"income" does not include veteran's benefits.
In a cooperative where a homestead exemption has been granted, the
cooperative association or its management firm shall credit the savings
resulting from that exemption only to the apportioned tax liability of the
owner who qualified for the exemption. Any person who willfully refuses to so
credit the savings shall be guilty of a Class B misdemeanor.
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.
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.
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.
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.)
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(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:
(1) "Assessor" means the supervisor of assessments or | ||
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(2) "Adjusted homestead value" means the lesser of | ||
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(A) The property's base homestead value increased | ||
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(B) The property's equalized assessed value for | ||
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(3) "Base homestead value".
(A) Except as provided in subdivision (b)(3)(B), | ||
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(B) If the property is sold or ownership is | ||
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(3.5) "Base year" means (i) tax year 2002 in Cook | ||
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(4) "Current tax year" means the tax year for which | ||
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(5) "Equalized assessed value" means the property's | ||
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(6) "Homestead" or "homestead property" means:
(A) Residential property that as of January 1 of | ||
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(B) A homestead includes the dwelling place, | ||
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(7) "Life care facility" means a facility as defined | ||
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(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 or (ii) $5,000 in all counties in tax year 2004 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:
(1) If the equalized assessed value of a homestead | ||
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(2) For any year in which new buildings, structures, | ||
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(3) If the property is sold or ownership is otherwise | ||
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(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) The exemption under this Section shall not exceed | ||
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(2) In the case of homestead property that also | ||
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(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 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 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:
(1) If the general assessment year for the property | ||
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(2) If the general assessment year for the property | ||
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(3) If the general assessment year for the property | ||
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In counties with less than 3,000,000 inhabitants, this | ||
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(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 the effective date of this amendatory Act of the 93rd General Assembly. In a county other than Cook County, the ordinance must designate either tax year 2002 or tax year 2003 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. 93‑715, eff. 7‑12‑04.) |
(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.)
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(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. 93‑19, eff. 6‑20‑03; 94‑750, eff. 5‑9‑06.)
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