Illinois Administrative Code
Title 86 - REVENUE
Part 110 - LEVELING THE PLAYING FIELD FOR ILLINOIS RETAIL ACT
Section 110.110 - Procedures for Assessment of Pollution Control Facilities and Low Sulphur Dioxide Emission Coal Fueled Devices
Universal Citation: 86 IL Admin Code ยง 110.110
Current through Register Vol. 48, No. 38, September 20, 2024
a) Assessment Procedure
1) The Department shall assess property which
has been certified by the Illinois Pollution Control Board to be a pollution
control facility or a low sulphur dioxide emission coal fueled device in
accordance with Section 11-25 or Section 11-50 of the Property Tax Code [35
ILCS 200/11-25 and 11 -50] and this Part.
2) Pollution control facilities are to be
valued for property tax purposes in relation to the fair cash value of their
economic productivity to their owners. For the purpose of determining the fair
cash value of any pollution control facility the Department shall take into
consideration the actual or probable net earnings attributable to the facility
(capitalized on the basis of its productive earning value to its owner), the
probable net value which could be realized by its owner, if the facility was
removed and sold at a fair, voluntary sale (giving due account to the expense
of removal and condition of the particular facility) and such other information
as the Department may consider relevant.
3) For the purpose of determining the fair
cash value of low sulphur dioxide emission coal fueled devices for property tax
purposes, the Department shall determine such value to be the net value which
could be realized by its owner if the device were removed and sold at a fair,
voluntary sale, giving due account to the expense of removal, site restoration,
and transportation.
4) Upon
receiving written notification from the Pollution Control Board of the issuance
of a certificate that property in a county is a pollution control facility or a
low sulphur dioxide emission coal fueled device, the Department shall submit to
the County Board of Review or County Assessor, as the case may be, a copy of
the certification with all available descriptive information of the property so
certified. The Department shall also submit to such Board of Review or County
Assessor a notice on Form No. PTAX-400 that the local assessment, if any, which
is assigned to the property which has been so certified should be removed from
the tax roll. Such notice also shall recite the first assessment year for which
the removal from the local property tax roll is to be given effect.
5) Upon receipt of the notice described in
subsection (a)(4) of this Section the County Board of Review or Assessor shall
remove from the local property tax rolls, commencing with the assessment year
specified in the said notice, any valuation on such local property tax rolls
which can be identified as being directly attributable to the specific facility
which has been certified as a pollution control facility or a low sulphur
dioxide emission coal fueled device. The county officials shall notify the
Department on Form No. PTAX-400 of the action taken.
6) Upon the completion of the original
assessments to be made by the Department, it shall publish a full and complete
list of such assessments in the State's "official newspaper". Any person or
corporation feeling aggrieved by any such assessment may apply to the
Department for a review and correction, if necessary, of the assessment, in the
manner provided in Section
110.145
of this Part.
b) Modification, cancellation or revocation
1) In
the event that a certificate is modified the Department shall notify the proper
local assessing officials of such modification and its effect on the assessed
valuation.
2) In the event that a
certificate has been cancelled or revoked, the Department shall notify the
proper assessing officials who then shall assess the property described in said
cancelled or revoked certificate for the assessment years indicated.
c) Jurisdiction to determine character of Pollution Control Facilities
The determination of pollution control facilities or of low sulphur dioxide emission coal fueled devices as real or personal property is within the jurisdiction of the Department.
d) Definitions
"Applicant" means any person whose property has been found to qualify as pollution control facilities.
"Low sulphur dioxide emission coal fueled devices" means those facilities defined in Section 11-40 of the Property Tax Code [35 ILCS 200/11-40] .
"Pollution Control Board" means that board which is defined in Section 5 of the Environmental Protection Act [415 ILCS 5/5] .
"Pollution Control Facilities" means those facilities defined in Section 11-10 of the Property Tax Code [35 ILCS 200/11-10] .
e) Forms
1)
The Department shall forward annually Form No. PTAX-401, entitled Annual
Return, to the applicant beginning with the first assessment year for which the
Department is required to assess the pollution control facility or low sulphur
dioxide emission coal fueled device of the applicant.
2) Form No. PTAX-401 shall be filed annually
with the Department at its office in Springfield between the 1st day of April
and the 1st day of June.
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