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Public Act 098-0615 Public Act 0615 98TH GENERAL ASSEMBLY |
Public Act 098-0615 | HB1604 Enrolled | LRB098 06020 HLH 36059 b |
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| AN ACT concerning revenue.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Property Tax Code is amended by changing | Section 9-265 as follows:
| (35 ILCS 200/9-265)
| Sec. 9-265. Omitted property; interest; change in exempt | use or ownership. | (a)
If any property is omitted in the assessment of any | year or years, not to exceed the current assessment year and 3 | prior years, so that the
taxes, for which the property was | liable, have not been paid, or if by reason
of defective | description or assessment, taxes on any property for any year | or
years have not been paid, or if any taxes are refunded under | subsection (b) of
Section 14-5 because the taxes were assessed | in the wrong person's name, the
property, when discovered, | shall be listed and assessed by the board of review
or, in | counties with 3,000,000 or more inhabitants, by the county | assessor
either on his
or her own initiative or when so | directed by the board of appeals or board of
review. | (b) The
board of review in counties with less than | 3,000,000 inhabitants or the
county assessor in counties with | 3,000,000 or more inhabitants may
develop reasonable |
| procedures for contesting the listing of omitted
property under | this Division. | (c) For purposes
of this Section, "defective description or | assessment" includes a description
or assessment which omits | all the improvements thereon as a result of which
part of the | taxes on the total value of the property as improved remain | unpaid.
In the case of property subject to assessment by the | Department, the property
shall be listed and assessed by the | Department. All such property shall be
placed on the assessment | and tax books. | (d) The arrearages of taxes which might
have been assessed, | with 10% interest thereon for each year or portion thereof
from | 2 years after the time the first correct tax bill ought to have | been
received, shall be charged against the property by the | county clerk.
| (e) When property or acreage omitted by either incorrect | survey or other
ministerial assessor error is discovered and | the owner has paid its tax
bills as received for the year or | years of omission of the parcel, then the
interest authorized | by this Section shall not be chargeable to the owner.
However, | nothing in this Section shall prevent the collection of the | principal
amount of back taxes due and owing.
| (f) 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 shall be 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, and the property index number
of | the property when an index 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 the
| notification results in the assessing official continuing to | list the property
as exempt in subsequent years, the property | shall be considered omitted
property for purposes of this Code.
| (g) In counties with fewer than 3,000,000 inhabitants, if a
| chief county assessment officer discovers at any time before
| judgment that a property has been granted a homestead exemption
| under Article 15 of this Code to which it was not entitled,
the | chief county assessment officer may consider the erroneously
| exempt portion of the property as omitted property under this
| Section for that taxable year only. | (Source: P.A. 96-1553, eff. 3-10-11.)
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Effective Date: 6/1/2014
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