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| 1 | AN ACT concerning revenue.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Property Tax Code is amended by changing | ||||||
| 5 | Section 9-265 as follows:
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| 6 | (35 ILCS 200/9-265)
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| 7 | Sec. 9-265. Omitted property; interest; change in exempt | ||||||
| 8 | use or ownership. | ||||||
| 9 | (a)
If any property is omitted in the assessment of any | ||||||
| 10 | year or years, not to exceed the current assessment year and 3 | ||||||
| 11 | prior years, so that the
taxes, for which the property was | ||||||
| 12 | liable, have not been paid, or if by reason
of defective | ||||||
| 13 | description or assessment, taxes on any property for any year | ||||||
| 14 | or
years have not been paid, or if any taxes are refunded under | ||||||
| 15 | subsection (b) of
Section 14-5 because the taxes were assessed | ||||||
| 16 | in the wrong person's name, the
property, when discovered, | ||||||
| 17 | shall be listed and assessed by the board of review
or, in | ||||||
| 18 | counties with 3,000,000 or more inhabitants, by the county | ||||||
| 19 | assessor
either on his
or her own initiative or when so | ||||||
| 20 | directed by the board of appeals or board of
review. | ||||||
| 21 | (b) The
board of review in counties with less than | ||||||
| 22 | 3,000,000 inhabitants or the
county assessor in counties with | ||||||
| 23 | 3,000,000 or more inhabitants may
develop reasonable | ||||||
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| 1 | procedures for contesting the listing of omitted
property under | ||||||
| 2 | this Division. | ||||||
| 3 | (c) For purposes
of this Section, "defective description or | ||||||
| 4 | assessment" includes a description
or assessment which omits | ||||||
| 5 | all the improvements thereon as a result of which
part of the | ||||||
| 6 | taxes on the total value of the property as improved remain | ||||||
| 7 | unpaid.
In the case of property subject to assessment by the | ||||||
| 8 | Department, the property
shall be listed and assessed by the | ||||||
| 9 | Department. All such property shall be
placed on the assessment | ||||||
| 10 | and tax books. | ||||||
| 11 | (d) The arrearages of taxes which might
have been assessed, | ||||||
| 12 | with 10% interest thereon for each year or portion thereof
from | ||||||
| 13 | 2 years after the time the first correct tax bill ought to have | ||||||
| 14 | been
received, shall be charged against the property by the | ||||||
| 15 | county clerk.
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| 16 | (e) When property or acreage omitted by either incorrect | ||||||
| 17 | survey or other
ministerial assessor error is discovered and | ||||||
| 18 | the owner has paid its tax
bills as received for the year or | ||||||
| 19 | years of omission of the parcel, then the
interest authorized | ||||||
| 20 | by this Section shall not be chargeable to the owner.
However, | ||||||
| 21 | nothing in this Section shall prevent the collection of the | ||||||
| 22 | principal
amount of back taxes due and owing.
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| 23 | (f) If any property listed as exempt by the chief county | ||||||
| 24 | assessment officer
has a change in use, a change in leasehold | ||||||
| 25 | estate, or a change in titleholder
of record by purchase, | ||||||
| 26 | grant, taking or transfer, it shall be the obligation
of the | ||||||
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| 1 | transferee to notify the chief county assessment officer in | ||||||
| 2 | writing
within 90 days of the change. If mailed, the notice | ||||||
| 3 | shall be sent by certified mail,
return receipt requested, and | ||||||
| 4 | shall include the name and address of the
taxpayer, the legal | ||||||
| 5 | description of the property, and the property index number
of | ||||||
| 6 | the property when an index number exists. If notice is provided | ||||||
| 7 | in person, it shall be provided on a form prescribed
by the | ||||||
| 8 | chief county assessment officer, and the chief county | ||||||
| 9 | assessment
officer shall provide a date stamped copy of the | ||||||
| 10 | notice. Except as
provided in item (6) of subsection (a) of | ||||||
| 11 | Section 9-260, item (6) of
Section 16-135, and item (6) of | ||||||
| 12 | Section 16-140 of this Code, if the failure to give the
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| 13 | notification results in the assessing official continuing to | ||||||
| 14 | list the property
as exempt in subsequent years, the property | ||||||
| 15 | shall be considered omitted
property for purposes of this Code.
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| 16 | (g) In counties with fewer than 3,000,000 inhabitants, if a
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| 17 | chief county assessment officer discovers at any time before
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| 18 | judgment that a property has been granted a homestead exemption
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| 19 | under Article 15 of this Code to which it was not entitled,
the | ||||||
| 20 | chief county assessment officer may consider the erroneously
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| 21 | exempt portion of the property as omitted property under this
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| 22 | Section for that taxable year only. | ||||||
| 23 | (Source: P.A. 96-1553, eff. 3-10-11.)
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