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Which of the following statements about Illinois real estate transfer taxes and closing practice is NOT correct under current Illinois law?

Correct Answer

B) The Illinois state real estate transfer tax does not apply to properties located within Cook County because Cook County's own transfer tax replaces the state tax in that jurisdiction.

Option B is incorrect because the Illinois state real estate transfer tax under 35 ILCS 200/31-1 applies statewide, including to all properties in Cook County. Cook County imposes its own separate transfer tax in addition to the state tax — it does not replace it. All three layers (state, county, and municipal where applicable) are independent obligations that can apply simultaneously to the same transaction. There is no geographic carve-out that exempts Cook County properties from the state transfer tax.

Answer Options
A
Illinois imposes a state real estate transfer tax calculated at $0.50 per $500 of consideration, evidenced by transfer tax stamps affixed to the deed.
B
The Illinois state real estate transfer tax does not apply to properties located within Cook County because Cook County's own transfer tax replaces the state tax in that jurisdiction.
C
Illinois commonly uses Form PTAX-203, the Illinois Real Estate Transfer Declaration, to document the consideration and basis for transfer tax calculation.
D
Responsibility for paying transfer taxes depends on which tax is at issue and the parties' contractual agreement; customary practice and contractual allocation do not always produce the same result.

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Related Topics & Key Terms

Key Terms:

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Related Concepts

Closing costs are the fees and expenses paid by the buyer and seller at the closing of a real estate transaction, beyond the purchase price. They typically range from 2-5% of the purchase price.

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