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FinancingIllinois_closing_practice_prorations_and_transfer_stampsHARD

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

Correct Answer

D) A seller who qualifies for a transfer tax exemption under 35 ILCS 200/31-45 is not required to complete Form PTAX-203 for the transaction.

Under 35 ILCS 200/31-25 and Illinois Department of Revenue guidance, Form PTAX-203 is generally required to be filed with the deed at the time of recording, even when a transaction qualifies for a transfer tax exemption. Exempt transactions typically require Form PTAX-203-B (the exempt version) rather than eliminating the filing obligation entirely. A blanket claim that exempt sellers need not complete any PTAX-203 form is incorrect.

Answer Options
A
Illinois commonly uses Form PTAX-203, the Illinois Real Estate Transfer Declaration, to document transfer tax information at closing.
B
The allocation of transfer tax between buyer and seller depends on the applicable tax and the parties' agreement; customary practice and contractual allocation do not always align.
C
The Illinois state real estate transfer tax rate is $0.50 for each $500 of value or fraction thereof.
D
A seller who qualifies for a transfer tax exemption under 35 ILCS 200/31-45 is not required to complete Form PTAX-203 for the transaction.

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Related Topics & Key Terms

Key Terms:

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