Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Division I - Title Transfer Tax

There is here­by imposed a tax on the priv­i­lege of trans­fer­ring a con­trol­ling inter­est in a real estate enti­ty own­ing prop­er­ty locat­ed in Union Coun­ty, includ­ing a lessee’s inter­est in cer­tain ground leas­es, in the amount of Twen­­­ty-Five Cents ($0.25) per Five Hun­dred Dol­lars ($500.00) con­sid­er­a­tion or frac­tion of Five Hun­dred Dol­lars ($500.00) val­ue declared in the real estate trans­fer dec­la­ra­tion required by 35 ILCS 200/31–25, such tax to be in addi­tion to any and all trans­fer tax cur­rent­ly autho­rized for col­lec­tion by the County.

The tax here­in imposed shall be in addi­tion to all oth­er occu­pa­tion or priv­i­lege tax­es imposed by the State of Illi­nois or by any munic­i­pal cor­po­ra­tion or polit­i­cal sub­di­vi­sion thereof.

All pro­ceeds result­ing from the col­lec­tion of the tax imposed by this Arti­cle shall be paid to the Coun­ty Trea­sur­er on a dai­ly basis.

The fol­low­ing deeds and trust doc­u­ments shall be exempt from the pro­vi­sions of this Arti­cle except as here­inafter provided:

(A) Deeds or trust doc­u­ments rep­re­sent­ing real estate trans­fers made before the adop­tion of this Ordi­nance but record­ed after that date.

(B) Deeds or trust doc­u­ments to prop­er­ty acquired by any gov­ern­men­tal body or from any gov­ern­men­tal body or deeds or trust doc­u­ments to prop­er­ty between asso­ci­a­tion, foun­da­tion or insti­tu­tion orga­nized and oper­at­ed exclu­sive­ly for char­i­ta­ble, reli­gious or edu­ca­tion­al purposes.

(C) Deeds or trust doc­u­ments which secure debt or oth­er obligation.

(D) Deeds or trust doc­u­ments which, with­out addi­tion­al con­sid­er­a­tion, con­firm, cor­rect, mod­i­fy, or sup­ple­ment a deed pre­vi­ous­ly recorded.

(E) Deeds or trust doc­u­ments where the actu­al con­sid­er­a­tion is less than One Hun­dred Dol­lars ($100.00).

(F) Deeds or trust doc­u­ments of release of prop­er­ty which is secu­ri­ty for a debt or oth­er obligation.

(G) Tax deeds or trust documents.

(H) Deeds or trust doc­u­ments of partition.

(I) Deeds or trust doc­u­ments made pur­suant to merg­ers, con­sol­i­da­tions or trans­fers or sales of sub­stan­tial­ly all of the assets or cor­po­ra­tions pur­suant to plans of reorganization.

(J) Deeds or trust doc­u­ments made by a sub­sidiary cor­po­ra­tion to its par­ent cor­po­ra­tion for no con­sid­er­a­tion oth­er than the can­cel­la­tion or sur­ren­der of the subsidiary’s stock.

(K) Deeds or trust doc­u­ments where­in there is an actu­al exchange of real estate except that mon­ey dif­fer­ence or money’s worth paid for one to the oth­er shall not be exempt from the tax.

(L) Deeds or trust doc­u­ments rep­re­sent­ing trans­fers sub­ject to the impo­si­tion of a documentary’s stamp tax imposed by the gov­ern­ment of the­Unit­ed States, except that such deeds shall not be exempt from fil­ing the declaration.

A tax is imposed on the priv­i­lege of trans­fer­ring title to real estate or ben­e­fi­cial inter­est in a land trust, as rep­re­sent­ed by the deed that is filed for recor­da­tion, at the rate of Twen­­­ty-Five Cents ($0.25) for each Five Hun­dred Dol­lars ($500.00) of val­ue or frac­tion there­of stat­ed in the dec­la­ra­tion pro­vid­ed for in this Sec­tion.  If, how­ev­er, the real estate is trans­ferred sub­ject to a mort­gage, the amount of the mort­gage remain­ing out­stand­ing at the time of trans­fer shall not be includ­ed in the basis of com­put­ing the tax.

Such tax shall be col­lect­ed by the Recorder of Deeds through the sale of rev­enue stamps whose design, denom­i­na­tions and form shall be pre­scribed by the Recorder of Deeds.  The Recorder of Deeds may sell the rev­enue stamps at a rate of Twen­­­ty-Five Cents ($0.25) per Five Hun­dred Dol­lars ($500.00) of val­ue or frac­tion there­of.  Except as pro­vid­ed in No. 4 of this Arti­cle, no deed or trust doc­u­ment shall be accept­ed for fil­ing by the Recorder of Deeds unless Coun­ty rev­enue stamps in the required amount have been pur­chased from the Recorder of Deeds.  Such rev­enue stamp shall be affixed to the deed or trust doc­u­ment by the Recorder of Deeds either before or after record­ing as request­ed by the grantee.  A per­son using or affix­ing a rev­enue stamp shall can­cel it and so deface it as to ren­der it unfit for reuse by mark­ing it with his ini­tials and the day, month and year when the affix­ing occurs.  Such mark­ings shall be made by writ­ing or stamp­ing in indeli­ble ink or by per­fo­rat­ing with a machine or punch.  How­ev­er, the rev­enue stamp shall not be so defaced as to pre­vent ready deter­mi­na­tion of its denom­i­na­tion and genuineness.

At such time as the tax levied by this Arti­cle is paid, there shall be filed with the Recorder of Deeds a ful­ly exe­cut­ed and com­plet­ed copy of the “Real Estate Trans­fer Dec­la­ra­tion” required by pro­vi­sions of 35 ILCS 305/3.

The fol­low­ing words shall have the mean­ings ascribed to them in this Article:

Recor­da­tion” means the record­ing of deeds by the Recorder of Deeds.

Per­son” means any nat­ur­al indi­vid­ual, firm, part­ner­ship, asso­ci­a­tion, joint stock com­pa­ny, joint adven­ture, pub­lic or pri­vate cor­po­ra­tion, or a receiv­er, execu­tor, trustee, con­ser­va­tor or oth­er rep­re­sen­ta­tive appoint­ed by order of any court.

Val­ue” means the amount of the full actu­al con­sid­er­a­tion there­of, includ­ing the amount of any lien or liens assumed by the buyer.