February 27, 2016 · 2 Comments
Will Co., IL. (ECWd) –
This article will attempt to clear up who is responsible for real estate taxes on property owned by a public body and leased (rented/loaned, etc.) out.
A recent comment from a previous article questioned our assertion that the renter was responsible for real estate taxes on property they rented from Lincoln-Way 210.
I’m all for exposing the board & LW district for unethical dealings, but some of what is claimed in this article is misleading. Being that I own numerous rentals; I speak from experience, the renter would normally NOT be responsible for property taxes (unless that was written into the lease). That being said, the fact that there is NO lease/rental agreement smacks of impropriety…
The Illinois Property Tax Code explains the process to use for real estate owned by a public body, or any other tax exempt entity, and leased for nonpublic or other purposes.
Leasing of exempt property.
(a) Except as provided in Sections 15-35, 15-55, 15-60, 15-100, 15-103, 15-160, and 15-185, when property which is exempt from taxation is leased to another whose property is not exempt, and the leasing of which does not make the property taxable, the leasehold estate and the appurtenances shall be listed as the property of the lessee thereof, or his or her assignee. Taxes on that property shall be collected in the same manner as on property that is not exempt, and the lessee shall be liable for those taxes. However, no tax lien shall attach to the exempt real estate. The changes made by this amendatory Act of 1997 and by this amendatory Act of the 91st General Assembly are declaratory of existing law and shall not be construed as a new enactment. The changes made by Public Acts 88-221 and 88-420 that are incorporated into this Section by this amendatory Act of 1993 are declarative of existing law and are not a new enactment.
(from Ch. 122, par. 10-23.1)
Residence for superintendent, principal or teachers.
To purchase a site, with or without a building or buildings thereon, to build a house or houses on such site or to build a house or houses on the school site of the school district, for residential purposes of the superintendent, principal, or teachers of the school district, if authorized by a majority of all votes cast on the proposition or propositions at a regular scheduled election held for the purpose in pursuance of a petition signed by not fewer than 300 voters or by 1/5 of all the voters of the district, whichever is lesser. Such referendum shall be certified to the proper election authorities and submitted in accordance with the general election law. When any of such property is not needed for residential purposes by the superintendent, principal, or teachers, the board of education may rent it to some other person or persons.
(Source: P.A. 81-1489.)
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