Illinois Administrative Code
Title 86 - REVENUE
Part 110 - LEVELING THE PLAYING FIELD FOR ILLINOIS RETAIL ACT
Section 110.190 - Property Tax Extension Limitation
Universal Citation: 86 IL Admin Code ยง 110.190
Current through Register Vol. 48, No. 38, September 20, 2024
a) New Property
1) New property as defined in Section 18-185
of the Property Tax Code [35 ILCS
200/18-185] includes only:
A) New improvements or additions to existing
improvements on any parcel of real property that increased the assessed value
of that real property during the levy year. It does not include maintenance and
repair. The amount of value shall be limited to the actual value added by the
new improvement, and
B) property
that was exempt for any portion of the prior year and reclassified and assessed
as non-exempt for the levy year.
2) The township assessors, multi-township
assessors, Supervisors of Assessments, County Assessors, Boards of Review and
Board of Appeals shall enter their assessments of new property located in
taxing districts subject to the Property Tax Extension Limitation Law [35 ILCS
200 /Art. 18, Div. 5] in separate columns specifically designated for new
property in the assessment books.
3) The following special situations are new
property under the circumstances described:
A) New improvements or additions to existing
improvements that increased the assessed value of property during the levy year
in an Enterprise Zone comprise new property for that levy year only to the
extent that taxes are not abated on this new property. To the extent taxes are
no longer abated on this property, it is new property in the first year the
abatement ceases.
B) Property which
receives a prorated assessment under Section 9-180 of the Property Tax Code
[35
ILCS 200/9-180] because of the construction of new or
added buildings, structures or other improvements which were substantially
completed or initially occupied or initially used during the levy year is new
property and the amount of new property for that levy year is the amount of the
equalized prorated assessment. When this property receives the full assessment
in the next levy year, the difference between the equalized prorated assessment
and the next levy year's equalized assessment which is due to the new or added
buildings, structures or other improvements which were substantially completed
or initially occupied or initially used is the amount of new property for the
next levy year.
4) New
property does not include:
A) Property which
in the prior year received a prorated assessment as damaged, uninhabitable
property under Section 9-180 of the Property Tax Code [35
ILCS 200/9-180] or as damaged property under Section
13-5 of the Property Tax Code [35 ILCS
200/13-5] (disaster area). However, there are three
exceptions:
i) If new improvements are added
to the parcel, these new improvements are new property.
ii) If square footage is added to the
structure, this addition to the structure is new property.
iii) If the property was completely destroyed
and rebuilt, then the completely rebuilt structure is new property.
B) Property on which the
assessment has increased under Section 10-50 of the Property Tax Code
[35 ILCS
200/10-50] (phaseout of historic residence
assessment) and property on which the assessment under Section 10-45 of the
Property Tax Code [35 ILCS
200/10-45] (historic residence assessment) has been
revoked.
C) Property which was
exempt on January 1 of the levy year and reclassified and assessed as
non-exempt during the levy year.
D)
That portion of property receiving the homestead improvement exemption under
Section 15-180 of the Property Tax Code [35 ILCS
200/15-180] . However, the additional assessment
attributable to the removal or expiration of the homestead improvement
exemption is new property in the year of the removal or expiration. The value
of the new property shall be the most recent assessed value of that portion for
which the homestead improvement exemption has expired or is removed times the
equalization factor.
E) Omitted
property assessed under Section 9-265 of the Property Tax Code [35
ILCS 200/9-265] .
F) New improvements or additions to existing
improvements on property in a redevelopment project area, as defined in the Tax
Increment Allocation Redevelopment Act [65 ILCS 5 /Art. II, Div. 74.4 ], the
Industrial Jobs Recovery Law [65 ILCS 5/Art. II, Div. 74.6 ] or the Economic
Development Area Tax Increment Allocation Act [20 ILCS 620 ], that increased
the assessed value of property during the levy year.
G) All increases in the assessment of
land.
b) Levies Subject to Annual Backdoor Referendum
1) Section 18-190 of the Property Tax Code
[35
ILCS 200/18-190] requires that a new rate or a rate
increase be approved at a direct referendum before it becomes effective for an
affected taxing district subject to the Property Tax Extension Limitation
Law.
2) Rates required to extend
taxes on levies subject to a backdoor referendum in each year there is a levy
are not new rates or rate increases under Section 18-190 if a levy has been
made for the fund in one or more of the preceding three levy years.
3) If a higher statutory rate limit for the
fund is enacted and a levy causes the rate to be above the previous statutory
rate limit, this is a rate increase under Section 18-190 which must be
submitted to direct referendum in order to become effective.
4) When a levy for a specific fund is made
for the first time, this is a new rate under Section 18-190 without regard to
whether it is a new statutory authorization.
c) Computation of the Limiting Rate
1) When computing the limiting rate, the
incremental equalized assessed value in a tax increment financing district is
not included in the current year's equalized assessed value of all real
property in the territory under the jurisdiction of the taxing district during
the prior levy year.
2) When
computing the limiting rate, the equalized assessed value in an Enterprise Zone
is not included in the current year's equalized assessed value of all real
property in the territory under the jurisdiction of the taxing district during
the prior levy year to the extent that taxes are abated on this
property.
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