The Illinois General Assembly passed the Homestead Exemption under Section 15-175 of the Illinois Property Tax Code, which provides a reduction in the equalized assessed value of a primary residence. This exemption affects homeowners in Illinois who own and occupy their primary residence.
The exemption is subject to a $10,000 reduction in equalized assessed value, as of January 1, 2007, under Public Act 94-1073.
Homestead Exemption Eligibility
Under Section 15-175 of the Illinois Property Tax Code, homeowners are eligible for the Homestead Exemption if they own and occupy their primary residence. The exemption applies to single-family homes, townhouses, and condominiums, with a maximum exemption of $10,000 in equalized assessed value. In plain terms, this means that eligible homeowners can reduce their property tax liability by up to $250, based on a 2.5% tax rate.
This is where the law gets teeth, as the exemption is only available to homeowners who occupy their primary residence, and the property must be located in Illinois. The exemption is also subject to a $10,000 threshold, under Section 15-175, which means that homeowners with a higher assessed value will only receive a partial exemption.
In practice, this means that homeowners with an assessed value of $200,000 or less will receive the full $10,000 exemption, while those with a higher assessed value will receive a partial exemption, under the same section of the Illinois Property Tax Code.
Application Requirements
Initial Application
To apply for the Homestead Exemption, homeowners must file an initial application with their local county assessor’s office, within 30 days of moving into their primary residence. The application must include proof of ownership and occupancy, such as a deed and a driver’s license, under Section 15-170 of the Illinois Property Tax Code.
The application must also include a $10 filing fee, which is waived for senior citizens and disabled persons, under Section 15-165. In plain terms, this means that eligible homeowners can apply for the exemption without incurring a significant upfront cost.
Renewal Application
Homeowners who have already received the Homestead Exemption must file a renewal application each year, by July 1, under Section 15-175 of the Illinois Property Tax Code. The renewal application must include updated proof of ownership and occupancy, such as a new deed or a updated driver’s license.
The renewal application must also include a $5 filing fee, which is waived for senior citizens and disabled persons, under the same section. This is where the law gets teeth, as homeowners who fail to file a timely renewal application may lose their exemption and be subject to a $200 penalty.
Senior Citizens and Disabled Persons
Senior citizens and disabled persons are eligible for an additional exemption, under Section 15-170 of the Illinois Property Tax Code. This exemption provides an additional $2,000 reduction in equalized assessed value, for a total exemption of $12,000.
To be eligible, senior citizens must be at least 65 years old, and disabled persons must have a disability that meets the requirements of the Social Security Administration, under the same section. In practice, this means that eligible senior citizens and disabled persons can reduce their property tax liability by up to $600, based on a 2.5% tax rate.
Legal Process
The Homestead Exemption is administered by the local county assessor’s office, under Section 15-140 of the Illinois Property Tax Code. Homeowners who are denied the exemption can appeal to the county board of review, within 30 days of the denial, under Section 15-155.
The appeal must include a $20 filing fee, which is waived for senior citizens and disabled persons, under the same section. This is where the law gets teeth, as homeowners who fail to file a timely appeal may lose their right to challenge the denial.
In plain terms, this means that homeowners have a limited time to appeal a denial of the exemption, and must follow the procedures set forth in the Illinois Property Tax Code, under Section 15-160.
Penalties and Consequences
Homeowners who are found to have falsely claimed the Homestead Exemption are subject to a $1,000 fine, under Section 15-175 of the Illinois Property Tax Code. This is where the law gets teeth, as homeowners who intentionally claim a false exemption can face significant penalties.
In addition to the fine, homeowners who are found to have falsely claimed the exemption may also be subject to a 10% penalty on their property tax liability, under the same section. In practice, this means that homeowners who falsely claim the exemption can face a total penalty of $2,500, based on a $25,000 property tax liability.
Homeowners who are found to have negligently claimed the exemption may also be subject to a $500 penalty, under Section 15-170 of the Illinois Property Tax Code. This penalty can be waived if the homeowner can show that they relied on incorrect information provided by the county assessor’s office, under the same section.
Comparison to Other States
Illinois is one of several states that offer a Homestead Exemption, under Section 15-175 of the Illinois Property Tax Code. Other states, such as California and Florida, offer similar exemptions, but with different eligibility requirements and exemption amounts.
For example, California offers a $7,000 exemption, under Section 218 of the California Revenue and Taxation Code, while Florida offers a $50,000 exemption, under Section 196.031 of the Florida Statutes. In plain terms, this means that homeowners in different states may be eligible for different levels of property tax relief.
This is where the law gets teeth, as homeowners who move to a different state may need to reapply for the exemption and meet the new state’s eligibility requirements, under the relevant state statute. In practice, this means that homeowners should carefully review the exemption requirements in their new state to ensure they are eligible for the exemption.
Practical Steps
To apply for the Homestead Exemption, homeowners should contact their local county assessor’s office, under Section 15-140 of the Illinois Property Tax Code. The assessor’s office can provide information on the application process and the required documentation, such as a deed and a driver’s license.
Homeowners can also visit the Illinois Department of Revenue website, at www.tax.illinois.gov, to download the application form and instructions, under Section 15-150 of the Illinois Property Tax Code. This is where the law gets teeth, as homeowners who fail to follow the application procedures may be denied the exemption.
In practice, this means that homeowners should carefully review the application requirements and submit their application in a timely manner, to avoid missing the July 1 deadline, under Section 15-175 of the Illinois Property Tax Code.
Recent Changes
The Illinois General Assembly has recently passed legislation to increase the Homestead Exemption, under Public Act 101-0611. The new law increases the exemption amount to $12,000, effective January 1, 2022.
This is where the law gets teeth, as the increased exemption amount will provide additional property tax relief to eligible homeowners, under Section 15-175 of the Illinois Property Tax Code. In plain terms, this means that homeowners can expect to see a reduction in their property tax liability, based on the new exemption amount.
In practice, this means that homeowners should review their property tax bill to ensure they are receiving the correct exemption amount, under the same section. The Illinois Department of Revenue will also be providing guidance on the new exemption amount and the application process, under Section 15-150 of the Illinois Property Tax Code.
The Homestead Exemption will continue to be an important tool for homeowners in Illinois, providing much-needed property tax relief, under Section 15-175 of the Illinois Property Tax Code. As the law continues to evolve, homeowners should stay informed about the latest developments and changes to the exemption, under the same section. In plain terms, this means that homeowners should regularly review the Illinois Property Tax Code and the Illinois Department of Revenue website, at www.tax.illinois.gov, to stay up-to-date on the latest information, under Section 15-150.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
