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FinancingIllinois_state_county_and_home_rule_transfer_taxesHARD

Which of the following statements about Illinois state transfer taxes does NOT accurately reflect current Illinois law or practice?

Correct Answer

D) Payment responsibility for transfer taxes is fixed by statute and cannot be modified by the parties' purchase contract.

Illinois law does not prohibit parties from contractually allocating transfer-tax payment responsibilities. Statutory incidence, local custom, and contractual allocation are distinct concepts, and parties routinely negotiate who pays each applicable tax in the purchase agreement. The statement in D is therefore false.

Answer Options
A
Illinois commonly uses Form PTAX-203, the Illinois Real Estate Transfer Declaration, to document transfer-tax transactions.
B
The Illinois state transfer tax rate is $0.50 for each $500 of value or fraction thereof.
C
When computing the number of $500 increments, any fractional remainder is rounded up to the next whole unit before applying the tax rate.
D
Payment responsibility for transfer taxes is fixed by statute and cannot be modified by the parties' purchase contract.

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Related Topics & Key Terms

Key Terms:

allocationclosing_practicedeclarationdifficulty_5illinois_stateillinois_state_county_and_home_rule_transfer_taxesptax203reverseroundingstate_ratetransfer_taxtransfer_tax_050_per_500

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