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FinancingIllinois_closing_practice_prorations_and_transfer_stampsMEDIUM

A buyer closing on a Chicago property pays the Chicago city real estate transfer tax and believes no Illinois state real estate transfer tax is owed on the same deed. Which statement best describes the accuracy of that belief under Illinois law?

Correct Answer

A) The belief is incorrect because Chicago's city transfer tax is a separate, additional obligation that stacks with the Illinois state transfer tax; paying one does not satisfy the other.

Illinois imposes a statewide real estate transfer tax under 35 ILCS 200/31-1 et seq. at $0.50 per $500 of value. Chicago separately imposes its own transfer tax under its home-rule authority granted by the Illinois Constitution (Art. VII, Sec. 6). Because these taxes arise from independent legal authorities, both apply to the same Chicago deed. The city tax does not substitute for, offset, or waive the state tax obligation.

Answer Options
A
The belief is incorrect because Chicago's city transfer tax is a separate, additional obligation that stacks with the Illinois state transfer tax; paying one does not satisfy the other.
B
The belief is correct because the Chicago city transfer tax replaces the Illinois state transfer tax for properties within city limits.
C
The belief is correct because Illinois waives the state transfer tax for any home-rule municipality that imposes its own transfer tax.
D
The belief is correct only for transactions where the purchase price exceeds $500,000, at which point the state tax is absorbed into the city tax calculation.

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Related Topics & Key Terms

Key Terms:

chicagoclosing_procedures_ildifficulty_3illinois_closing_practice_prorations_and_transfer_stampsillinois_statescenariostackingtransfer_tax

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