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Imposed
By:
Property
Tax Code.
Reports:
Illinois
does not require the filing of a real property
tax return by taxpayers with the County Assessor.
However, in January each year, railroad companies
are required to file a report with the Illinois
Department of Revenue determining the assessed
value. After the initial filing, subsequent
reports need only report any changes since the
previous filing. A copy of the report filed
with the Department is to be filed with the
County Clerk in the county where the property
is located. The assessment of personal property
was repealed effective January 1, 1979.
Payments:
Property
taxes are due in two installments with the first
installment due generally by June 1 of the year
following the assessment year and the second
installment due by September 1 of the year following
the assessment year. However, a few counties
[including Cook County] have accelerated billing
with the first installment due by March 1 and
the second installment due by August 1.
Taxes are considered delinquent the day
after the due date. Tax payments mailed and
postmarked on or before the due date are considered
timely. Cook
County also accepts tax payments via the Choruss
system.
Administration:
The
Illinois Department of Revenue reviews the assessments
for each county as they relate to fair cash
value each year. The ratio of fair cash value
to the current assessment is determined and
an equalization rate is assigned to each county.
The Department of Revenue generates only a countywide
equalization factor and township
multipliers are determined at the local level.
The assigned equalization factor is then applied
uniformly to all assessments previously established
by the assessor of the taxing jurisdiction.
The equalization factor will not appear separately
on the notice of assessment but will be incorporated
in the assessment reflected on the notice. The
duty of preparation of the determination of
the initial assessment that is reviewed by the
State Department of Revenue varies from county
to county as follows:County
Tax Assessor,
In counties [Cook County] where population exceeds
1,000,000. Board
of Assessors, In
counties where the population exceeds 150,000
but is less than 1,000,000. Township
Assessors, In counties
divided by township organizations [predominant
form in Illinois]. County
Treasurer, In counties without township organization the County
Treasurer is the ex officio assessor [Alexander,
Calhoun, Edwards, Hardin, Johnson, Massac, Menard,
Monroe, Morgan, Perry, Pope, Pulaski, Randolph,
Scott, Union, Wabash, Williamson].
Telephone:
217-782-6957
Subject
To Tax:
All
real property located within the State of
Illinois is taxable unless specifically exempted
by statute. The ad valorem taxation of personal
property was abolished effective January 1,
1979. Improvements made to real property by
the lessee with the stipulation that they
may be removed at the termination of the lease
are assessed as real property and not as personal
property that would be exempt from property
taxation.
Record
Retention:
Since
only real property is subject to property taxation
and tax returns are not required, with the exception
of railroad companies, there are no records
for the taxpayer to retain with respect thereto.
Any assessment of real property is determined
at the time of acquisition or construction and
generally does not change unless additions or
demolition occur.
Statute
Of Limitations:
Action
for the collection of any delinquent taxes,
or the enforcement or foreclosure of the lien
thereof, shall be commenced within 20 years
after the tax becomes delinquent. After 20 years,
the lien on account of the delinquent tax shall
be discharged and released.
Appeals
And Protests:
A
taxpayer may contest his or her assessment by applying
in writing to the County Board of Review [except
Cook County] prior to September 1 [August 1
in counties with a population of under 150,000]
or later if there is a delay in completing the
assessment rolls. The Board can meet according
to its needs from the third Monday in June until
anywhere from October 7 to December 31 depending
on the size of the county. Larger counties have
longer hearing time tables that can be further
extended by 30 days in quadrennial assessment
years.Taxpayers
dissatisfied with the decision of the County
Board of Review may file, within thirty [30]
days of the date of the written notice of the
Board decision, for a hearing before the State
Property Tax Appeal Board. The petition must
be in writing and filed with the clerk of the
State Board. The decision of the State Board
may be further appealed to the Circuit Court
if the appeal is concerned with fraud or equality.
The taxpayer also has the alternative of appealing
directly from the county board of review to
the circuit court.
The Cook County Board of Review commences its
meeting by the third Monday in June with the
hearing dates being published and the taxpayers
being notified. Hearing dates usually commence
on or about August 1 and continue until at least
60 days after receipt of the last tax roll.
If the taxpayer is not satisfied with the decision
of the Cook County Board of Review, an appeal
may be filed with the Property Tax Appeals Board
or suit can be filed in the Circuit Court
of Cook County.
Refund
Procedures:
Illegal
Tax – The taxpayer should file suit for a refund. After the
final order is made, a petition is filed with
the county collector within five years from
the date a right of refund arose.
Clerical Error –
A claim is filed with the county
clerk. If an error is proven, an abatement of
tax will be given in the next succeeding tax
year.
Tax
Incentive Exemption:
Under
the provisions of Sections 18-45, 18-50, and
18-105 of the Property Tax Code, any taxing
district, upon a majority vote of its governing
authority may, after the determination of the
assessed valuation of its property, order the
clerk of that county to abate any portion of
its taxes on the property of any commercial
or industrial firm locating within the taxing
district during the immediately preceding calendar
year from another state, territory, or country,
or having been newly created within this state
during the immediately preceding calendar year,
or for an expanded previously existing facility.
Such abatement shall not exceed a period of
ten [10] years and the total aggregate amount
of abated taxes for all taxing districts combined
shall not exceed $1,000,000.00. Any
taxing district, located within a county of
at least 225,000 inhabitants but less than 300,000
inhabitants, upon a majority vote of its governing
authority may, after the determination of the
assessed valuation of its property, order the
clerk of that county to abate any portion of
its taxes on any commercial property which becomes
subject to real property taxation after September
18, 1984 and is designed exclusively for the
racing of motor vehicles. Such abatement shall
not exceed a period of ten [10] years.In
addition to the authority to abate taxes under
Sections 18-45, 18-50, and 18-105 of the Property
Tax Code as noted above, any taxing district,
upon a majority vote of its governing authority,
may order the county clerk to abate any portion
of its taxes on real property, or any class
thereof, located within an enterprise zone created
pursuant to the Illinois Enterprise Zone Act,
enacted by the 82nd General Assembly and effective
12/7/82, and upon which new improvements have
been constructed after the effective date of
the Act or upon which existing improvements
have been renovated or rehabilitated after such
date. However, any abatement of taxes on any
parcel shall not exceed the amount attributable
to the construction of the improvements and
the renovation or rehabilitation of existing
improvements on such parcel; nor in the case
of property within a redevelopment area created
pursuant to the Real Property Tax Increment
Allocation Redevelopment Act shall such abatement
exceed the amount of taxes allocable to such
taxing district.Effective
July 1, 1997, if a municipality has created
a redevelopment project area that contains property
in an enterprise zone, the municipality may
adopt an amendment to its enterprise zone designating
ordinance concerning the abatement of taxes
on property located within the redevelopment
project area. Upon certification of the amendment
by the department, the property located in the
enterprise zone and the redevelopment area will
not be eligible for the abatement of taxes allowed
for property in an enterprise zone upon which
there are new improvements or renovations to
existing improvements. However, a business enterprise
that has constructed a new improvement or renovated
an existing property and received an abatement
on the improvement located in the enterprise
zone will not be denied any benefit previously
allowed. Furthermore, if a business can provide
evidence of a commitment to locate in an enterprise
zone, of substantial financial obligations made
toward the development of the enterprise, and
that the commitments were made in reliance on
certain benefits and programs being available
because of the enterprise zone, then the enterprise
will not be denied any benefit previously extended.
After 7/1/97, if a development project area
is created by a municipality and the area contains
property located in an enterprise zone, the
municipality must adopt an amendment to the
certified enterprise zone designating ordinance
stating that the property located in the redevelopment
project area and the enterprise zone will not
be eligible for any abatement of taxes given
for new improvements or the renovation of existing
improvements.Effective
July 3, 1997, any taxing district may, on the
majority vote of its governing authority and
after a determination of the assessed valuation
of its property, order the clerk of the county
to abate any portion of its taxes on the property
of an academic or research institute in the
taxing district that satisfies the following
requirements:(1)
is an exempt organization under the provisions
of IRC Sec. 501[c] [3];(2)
operates for the benefit of the public
by actually and exclusively performing scientific
research;(3)
makes the results of the research available
to the interested public on a non-discriminatory
basis; and(4)
employs more than 100 employees.The
abatement must be for at least 15 years and
the aggregate amount of abated taxes for all
taxing districts combined must not exceed $5
million.Effective
August 15, 1997, a taxing district may order
the clerk of the county to abate a portion of
its taxes on property of a commercial or industrial
firm, including property used for collecting,
separating, storing, or processing recyclable
materials, that located within the taxing district
during the preceding year from another state
or country, was newly created within Illinois
during the preceding year, or is expanding an
existing facility. The abatement may not exceed
a period of 10 years and the aggregate amount
of the abated taxes may not exceed $4 million.
A taxing district may also order an abatement
of taxes on property of any commercial or industrial
firm currently located in the taxing district
that expands a facility or its number of employees.
The abatement may not exceed a 10-year period
and the aggregate amount of the abated taxes
may not exceed $4 million.
Tangible
Personal Property:
Tangible
personal property is not subject to the assessment
of property taxes in the State of Illinois.
The taxation of personal property was abolished
by the state effective January 1, 1979. Return
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