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Full Text of HB4871
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HB4871 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4871
Introduced , by Rep. Amy Elik
SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-177
Amends the Property Tax Code. Provides that, beginning with taxable
year 2027, the long-time occupant homestead exemption applies in all
counties. Effective immediately.
LRB104 17773 HLH 31205 b
A BILL FOR
HB4871
LRB104 17773 HLH 31205 b
1
AN ACT concerning revenue.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Property Tax Code is amended by changing
5
Section 15-177 as follows:
6
(35 ILCS 200/15-177)
7
Sec. 15-177.
The long-time occupant homestead exemption.
8
(a)
Qualified
If the county has elected, under Section
9
15-176, to be subject to the provisions of the alternative
10
general homestead exemption, then, for taxable years 2007 and
11
thereafter, regardless of whether the exemption under Section
12
15-176 applies, qualified
homestead property is entitled to an
13
annual homestead exemption equal to a reduction in the
14
property's equalized assessed value calculated as provided in
15
this Section.
If the county has elected, under Section 15-176,
16
to be subject to the provisions of the alternative general
17
homestead exemption, then this Section applies beginning in
18
taxable year 2007, regardless of whether the exemption under
19
Section 15-176 applies. In all other counties, this Section
20
applies beginning in taxable year 2027.
21
(b) As used in this Section:
22
"Adjusted homestead value" means the lesser of the
23
following values:
HB4871
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LRB104 17773 HLH 31205 b
1
(1) The property's base homestead value increased by:
2
(i) 10% for each taxable year after the base year through
3
and including the current tax year for qualified taxpayers
4
with a household income of more than $75,000 but not
5
exceeding $100,000; or (ii) 7% for each taxable year after
6
the base year through and including the current tax year
7
for qualified taxpayers with a household income of $75,000
8
or less. The increase each year is an increase over the
9
prior year; or
10
(2) The property's equalized assessed value for the
11
current tax year minus the general homestead deduction.
12
"Base homestead value" means:
13
(1) if the property did not have an adjusted homestead
14
value under Section 15-176 for the base year, then an
15
amount equal to the equalized assessed value of the
16
property for the base year prior to exemptions, minus the
17
general homestead deduction, provided that the property's
18
assessment was not based on a reduced assessed value
19
resulting from a temporary irregularity in the property
20
for that year; or
21
(2) if the property had an adjusted homestead value
22
under Section 15-176 for the base year, then an amount
23
equal to the adjusted homestead value of the property
24
under Section 15-176 for the base year.
25
"Base year" means the taxable year prior to the taxable
26
year in which the taxpayer first qualifies for the exemption
HB4871
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LRB104 17773 HLH 31205 b
1
under this Section.
2
"Current taxable year" means the taxable year for which
3
the exemption under this Section is being applied.
4
"Equalized assessed value" means the property's assessed
5
value as equalized by the Department.
6
"Homestead" or "homestead property" means residential
7
property that as of January 1 of the tax year is occupied by a
8
qualified taxpayer as his or her principal dwelling place, or
9
that is a leasehold interest on which a single family
10
residence is situated, that is occupied as a residence by a
11
qualified taxpayer who has a legal or equitable interest
12
therein evidenced by a written instrument, as an owner or as a
13
lessee, and on which the person is liable for the payment of
14
property taxes. Residential units in an apartment building
15
owned and operated as a cooperative, or as a life care
16
facility, which are occupied by persons who hold a legal or
17
equitable interest in the cooperative apartment building or
18
life care facility as owners or lessees, and who are liable by
19
contract for the payment of property taxes, are included
20
within this definition of homestead property. A homestead
21
includes the dwelling place, appurtenant structures, and so
22
much of the surrounding land constituting the parcel on which
23
the dwelling place is situated as is used for residential
24
purposes. If the assessor has established a specific legal
25
description for a portion of property constituting the
26
homestead, then the homestead is limited to the property
HB4871
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LRB104 17773 HLH 31205 b
1
within that description.
2
"Household income" has the meaning set forth under Section
3
15-172 of this Code.
4
"General homestead deduction" means the amount of the
5
general homestead exemption under Section 15-175.
6
"Life care facility" means a facility defined in Section 2
7
of the Life Care Facilities Act.
8
"Qualified homestead property" means homestead property
9
owned by a qualified taxpayer.
10
"Qualified taxpayer" means any individual:
11
(1) who, for at least 10 continuous years as of
12
January 1 of the taxable year, has occupied the same
13
homestead property as a principal residence and domicile
14
or who, for at least 5 continuous years as of January 1 of
15
the taxable year, has occupied the same homestead property
16
as a principal residence and domicile if that person
17
received assistance in the acquisition of the property as
18
part of a government or nonprofit housing program; and
19
(2) who has a household income of $100,000 or less.
20
(c) The base homestead value must remain constant, except
21
that the assessor may revise it under any of the following
22
circumstances:
23
(1) If the equalized assessed value of a homestead
24
property for the current tax year is less than the
25
previous base homestead value for that property, then the
26
current equalized assessed value (provided it is not based
HB4871
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LRB104 17773 HLH 31205 b
1
on a reduced assessed value resulting from a temporary
2
irregularity in the property) becomes the base homestead
3
value in subsequent tax years.
4
(2) For any year in which new buildings, structures,
5
or other improvements are constructed on the homestead
6
property that would increase its assessed value, the
7
assessor shall adjust the base homestead value with due
8
regard to the value added by the new improvements.
9
(d) The amount of the exemption under this Section is the
10
greater of: (i) the equalized assessed value of the homestead
11
property for the current tax year minus the adjusted homestead
12
value; or (ii) the general homestead deduction.
13
(e) In the case of an apartment building owned and
14
operated as a cooperative, or as a life care facility, that
15
contains residential units that qualify as homestead property
16
of a qualified taxpayer under this Section, the maximum
17
cumulative exemption amount attributed to the entire building
18
or facility shall not exceed the sum of the exemptions
19
calculated for each unit that is a qualified homestead
20
property. The cooperative association, management firm, or
21
other person or entity that manages or controls the
22
cooperative apartment building or life care facility shall
23
credit the exemption attributable to each residential unit
24
only to the apportioned tax liability of the qualified
25
taxpayer as to that unit. Any person who willfully refuses to
26
so credit the exemption is guilty of a Class B misdemeanor.
HB4871
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LRB104 17773 HLH 31205 b
1
(f) When married persons maintain separate residences, the
2
exemption provided under this Section may be claimed by only
3
one such person and for only one residence. No person who
4
receives an exemption under Section 15-172 of this Code may
5
receive an exemption under this Section. No person who
6
receives an exemption under this Section may receive an
7
exemption under Section 15-175 or 15-176 of this Code.
8
(g) In the event of a sale or other transfer in ownership
9
of the homestead property between spouses or between a parent
10
and a child, the exemption under this Section remains in
11
effect if the new owner has a household income of $100,000 or
12
less.
13
(h) In the event of a sale or other transfer in ownership
14
of the homestead property other than subsection (g) of this
15
Section, the exemption under this Section shall remain in
16
effect for the remainder of the tax year and be calculated
17
using the same base homestead value in which the sale or
18
transfer occurs.
19
(i) To receive the exemption, a person must submit an
20
application to the county assessor during the period specified
21
by the county assessor.
22
The county assessor shall annually give notice of the
23
application period by mail or by publication.
24
The taxpayer must submit, with the application, an
25
affidavit of the taxpayer's total household income, marital
26
status (and if married the name and address of the applicant's
HB4871
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LRB104 17773 HLH 31205 b
1
spouse, if known), and principal dwelling place of members of
2
the household on January 1 of the taxable year. The Department
3
shall establish, by rule, a method for verifying the accuracy
4
of affidavits filed by applicants under this Section, and the
5
Chief County Assessment Officer may conduct audits of any
6
taxpayer claiming an exemption under this Section to verify
7
that the taxpayer is eligible to receive the exemption. Each
8
application shall contain or be verified by a written
9
declaration that it is made under the penalties of perjury. A
10
taxpayer's signing a fraudulent application under this Act is
11
perjury, as defined in Section 32-2 of the Criminal Code of
12
2012. The applications shall be clearly marked as applications
13
for the Long-time Occupant Homestead Exemption and must
14
contain a notice that any taxpayer who receives the exemption
15
is subject to an audit by the Chief County Assessment Officer.
16
(j) Notwithstanding Sections 6 and 8 of the State Mandates
17
Act, no reimbursement by the State is required for the
18
implementation of any mandate created by this Section.
19
(Source: P.A. 97-1150, eff. 1-25-13.)
20
Section 99.
Effective date.
This Act takes effect upon
21
becoming law.
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