A buyer pays Chicago's city transfer tax on a residential property closing within city limits. Which of the following correctly describes how Chicago's city transfer tax relates to the Illinois state transfer tax?
Correct Answer
B) Chicago's city transfer tax is a separate, additional layer of taxation that stacks with the Illinois state transfer tax and any other applicable local transfer taxes.
Under 35 ILCS 200/31-10, Illinois imposes a state real estate transfer tax on every conveyance of real property. Chicago's city transfer tax is imposed separately under Chicago Municipal Code § 3-33, which was enacted pursuant to Chicago's home-rule authority. These are independent taxing regimes with different rates, different payer obligations (buyer and seller portions differ at each level), and different administering bodies. Paying one does not satisfy or offset the other — both apply to the same deed, causing the taxes to stack.
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