TITLE 12
REAL ESTATE TRANSFER TAX
CHAPTER 1
REAL ESTATE TRANSFER TAX
SECTION:
12-1-1: Definitions
12-1-2: Tax Imposed
12-1-3: Liability for Tax
12-1-4: Real Estate Transfer Tax Stamps Required
12-1-5: Declaration Forms and Filing of Documents
12-1-6: Revenue Stamps, Nonissuance
12-1-7: Water and Sewer Bill
12-1-8: Exemptions
12-1-9: Recordation of Deeds
12-1-10: Duty of Trustee
12-1-11: Proceeds of Tax
12-1-12: Lien Created; Enforcement
12-1-13: Interest and Penalties
12-1-14: Civil Liability for Tax
12-1-15: Fine for Violation
12-1-1: DEFINITIONS:
For the purpose of this Title 12 of the Bartlett Municipal Code, whenever any of the following words, terms or definitions are used herein, they shall have the meanings ascribed to them in this Section:
BENEFICIAL INTEREST: Any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the beneficiaries of such land trust.
CHARITABLE ORGANIZATION: Any not-for-profit corporation, society, association, foundation or institution organized and operating exclusively for charitable, religious or educational purposes.
PERSON: Any natural person, partnership, joint stock company, business trust, joint venture, company, domestic or foreign corporation, foundation, club, association, syndicate, society, or any group of individuals, acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, or an assignee, receiver, administrator, executor, conservator, guardian or other representative appointed by order of any court, any estate, trust, land trust, testamentary trust, inter vivos trust, trust in perpetuity, Municipal corporation, political subdivision of the State of Illinois or the United States or any instrumentality thereof. Whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations shall mean the owners or part owners, and as applied to corporations, the officers thereof.
RECORDATION: The recording of deeds or facsimile of an assignment of beneficial or other interests with the office of the Recorder of Deeds of Cook County, DuPage County or Kane County, Illinois, or the registration of deeds with the Registrar of Titles of Cook County, Illinois.
VALUE: The amount of full actual consideration for any transfer covered hereunder, including the amount of any mortgage, mortgages or other lien or liens to which the sale is subject or the amount of any mortgage, mortgages or other lien or liens assumed by the grantee or purchaser. (Ord. 94-24, 3-15-94)
12-1-2: TAX IMPOSED:
   A.   A tax is imposed on the transfer of title to real estate located within the corporate limits of the Village as evidenced by the recordation of a deed or by the delivery of any deed by any person, and a tax is imposed on the transfer of the beneficial or other interest in real estate located within the corporate limits of the Village as evidenced by the recordation of any assignment or facsimile, whether investing the owner with the beneficial interest in or legal title to said property or merely the possession or use thereof for any purpose or the future transfer of any such real property or beneficial interest.
   B.   The tax imposed shall be three dollars ($3.00) per one thousand dollars ($1,000.00) of value or fraction thereof for each transfer as stated in the declaration. (Ord. 94-24, 3-15-94)
12-1-3: LIABILITY FOR TAX:
The primary liability for payment of the tax imposed provided in Section 12-1-2 shall be borne by the grantor involved in any such transaction or by the assignor of any instrument transferring the beneficial interest in real estate lying within the corporate limits of the Village; provided, however, it shall be unlawful for the grantee, purchaser or trustee involved in any such transaction to accept a conveyance or assignment if the transfer tax has not been paid. If the transfer tax has not been paid and the stamps affixed to the deed, assignment or facsimile, then the grantee's, purchaser's or trustee's title shall be subject to the lien provided in Section 12-1-12 hereof and the grantee shall be liable for payment of the tax. The tax herein levied shall be in addition to any and all other taxes. (Ord. 94-24, 3-15-94)
12-1-4: REAL ESTATE TRANSFER TAX STAMPS REQUIRED:
   A.   The tax herein levied and imposed shall be collected by the Finance Department through the sale of real estate transfer tax stamp(s), which shall be caused to be prepared by said Finance Department in such quantities as said Director of Finance may from time to time prescribe. Such stamp or stamps shall be numbered 00001 and upward and in the denomination of the amount of said real estate transfer tax due and shall be in substantially the following design:
B. Such stamps shall be available for sale at, and during the regular business hours of the Village offices and the offices of such agent as the Village may designate. For the purpose of reviewing the request for the stamp(s), the Village shall process a request within three (3) working days. Upon payment of the tax herein levied and imposed, the stamp(s) so purchased shall be affixed to the deed, assignment, facsimile or other instrument of conveyance or transfer. Any person so using and affixing a 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 marking shall be made by writing or stamping in indelible ink or by perforating with a machine or punch; however, the stamp shall not be so defaced as to prevent ready determination of its genuineness. (Ord. 94-24, 3-15-94)
12-1-5: DECLARATION FORMS AND FILING OF DOCUMENTS:
   A.   At the time the transfer tax is paid, there shall be presented to the Director of Finance on a form prescribed by him a declaration signed by at least one of the sellers or grantors and also signed by at least one of the purchasers or grantees involved in the transaction, or by their attorneys or agents, or by a licensed real estate salesperson or broker having knowledge of the terms of the transaction, which declaration shall state the full consideration for the property so transferred and shall be deemed a confidential record. Where the declaration is signed by an attorney, agent, licensed real estate salesperson or broker on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustees being the mere repository of record legal title with a duty of conveying the real estate only when and if directed in writing by the beneficiary or beneficiaries having the power of direction, said attorney, licensed real estate salesperson or broker need only identify the land trust which is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement.B. At such time as the request for Village real estate transfer stamp(s) is made, there shall also be filed with the Finance Department: 1) a fully executed and completed copy of the "Real Estate Transfer Declaration" required by section 3 of the Real Estate Transfer Tax of the State of Illinois; and 2) a copy of the deed, assignment, facsimile or other instrument conveying title or assigning or transferring an interest in said property, and which shall include the date of the transaction which it evidences, the names of the grantor and grantee or assignor and assignee, a legal description, the permanent index number and a common street address of the property to which it relates. (Ord. 94-24, 3-15-94)
12-1-6: REVENUE STAMPS, NONISSUANCE:
The Director of Finance or his or her designee may refuse to issue real estate transfer tax stamp(s), although payment of the taxes is offered, if any of the following conditions exist:A. Outstanding sum of money due the Village from the property or the property owners.B. Refusal to allow inspection pursuant to the Bartlett Building Code, the Bartlett Zoning Code, or any other provision of the Bartlett Municipal Code.C. Any other violation of the Bartlett Municipal Code.D. Failure to have had a final reading of the water meter and failure to have made payment on any water and/or sewer bill pursuant to subsection 12-1-7B of the Municipal Code. (Ord. 94-24, 3-15-94)
12-1-7: WATER AND SEWER BILL:
   A.   Meter Required: It shall be unlawful for any person to take or use water from the Village water system, except through a meter properly installed, pursuant to the ordinances of the Village.
   B.   Final Bill: A request to the Village for a final reading of the water meter shall be made three (3) days prior to the date the final reading is requested. Upon receipt of such request, the Village shall take a final reading and prepare a bill, which shall be paid in full prior to issuance of any real estate transfer stamp(s).
   C.   Procedure Sans Final Reading: In the event a final reading is not possible prior to the transfer of property for which Village real estate transfer tax stamp(s) are required, the owner, consumer or user shall pay one hundred fifty percent (150%) of the last bill or other reasonable amount as determined by the Village until a final reading is conducted. In the event the final reading shows that the owner, consumer or user still owes the Village money, said owner, consumer and/or user, as the case may be, shall promptly pay to the Village any outstanding sums. In the event the final reading shows that the owner, consumer or user has paid in excess of the amount due, the Village shall promptly refund any monies paid to the person or entity in whose name the water bill is listed on the Village records. (Ord. 94-24, 3-15-94)
12-1-8: EXEMPTIONS:
The tax imposed by this Chapter of the Municipal Code shall not apply to the following transactions, provided said transaction in each case is accompanied by a certificate setting forth the facts or such other certificate of record as the Director of Finance may require:
   A.   Transactions involving property acquired by or from any governmental body or by any charitable organizations. The latter transaction is exempt only when one charitable organization conveys property to another charitable organization.
   B.   Transactions which secure debt or other obligation.
   C.   Transactions in which deeds, without additional consideration, confirm, correct, modify or supplement deeds previously recorded.
   D.   Transactions in which the actual consideration is less than five hundred dollars ($500.00).
   E.   Transactions in which the deeds are tax deeds.
   F.   Transactions which are releases of property which is security for a debt or other obligation.
   G.   Transactions in which the deeds are pursuant to court decree.
   H.   Transactions made pursuant to mergers, consolidations or transfers, or sales of substantially all of the assets of a corporation pursuant to plans or reorganization.
   I.   Transactions between subsidiary corporations and their parents for no consideration other than the cancellation or surrender of the subsidiary corporations's stock.
   J.   Transactions wherein there is an actual exchange of real property except that the money difference or money's worth paid from one to the other shall not be exempt from the tax.
   K.   Transactions representing transfers subject to the imposition of a documentary stamp tax imposed by the government of the United States.
   L.   A transfer by lease.
   M.   Transactions wherein not less than one of the grantor(s) or assignor(s) has continuously resided upon the property within the Village for the past one year and has evidence that not less than one of the grantor(s) or assignor(s) has either: 1) closed on the purchase and has resided in a different residence within the Village within the preceding six (6) months of the scheduled closing or transfer date on the sale or transfer transaction subject to this Chapter; or 2) entered into a contract to purchase a different residence within the Village within which said grantor(s) or assignor(s) intend to reside with a scheduled closing date as set forth in a fully executed and completed real estate sales contract not more than twelve (12) months after the sale or transfer transaction subject to this Chapter.
Every deed or other instrument which is tax exempt pursuant to this Section shall be presented to the Finance Department so as to be appropriately marked by said Department as an exempt deed or instrument eligible for recordation without the payment of tax. At such time as a deed or instrument is presented to the Finance Department, a certificate setting forth the facts and supporting documentation which justify exemption shall be presented. (Ord. 94-24, 3-15-94)
12-1-9: RECORDATION OF DEEDS:
No deed conveying real property within the corporate limits of the Village shall be entitled to recordation by the Recorder of Deeds of Cook County, DuPage County or Kane County, Illinois, or the Registrar of Titles of Cook County, Illinois, unless such deed shall bear either a Village real estate transfer tax stamp or an exemption mark from the Finance Department. (Ord. 94-24, 3-15-94)
12-1-10: DUTY OF TRUSTEE:
No trustee of real estate shall accept an assignment of beneficial interest in real estate located in the Village unless such instrument shall bear either a Village real estate transfer tax stamp(s) or any exemption mark from the Finance Department. (Ord. 94-24, 3-15-94)
12-1-11: PROCEEDS OF TAX:
   A.   All proceeds resulting from the collection of the tax imposed by this Chapter, including interest and penalties, shall be paid into the Treasury of the Village and shall be credited to and deposited in the General Fund of the Village.B. No refund of taxes paid in error for any reason shall be made after sixty (60) days from the date of payment of said tax. (Ord. 94-24, 3-15-94)
12-1-12: LIEN CREATED; ENFORCEMENT:
In the event a deed conveying real estate, or an assignment of beneficial or other interest in real estate within the corporate limits of the Village is filed for recordation or accepted by a trustee of a land trust without the Village real estate transfer tax stamp(s) required by this Chapter affixed to such instrument, a lien is declared against said real estate conveyed or interest therein transferred in the amount of the tax. The fact that the deed or assignment does not have the real estate transfer tax stamp(s) affixed to it in an amount equal to the amount of State transfer taxes shall constitute constructive notice of lien. The lien may be enforced by proceedings to foreclose, as in cases of mortgages or mechanics' liens. Suit to foreclose this lien must be commenced within two (2) years after the date of recording the deed. Nothing herein shall be construed as preventing the Village from bringing a civil action to collect the tax imposed by this Chapter from any person who has liability for payment of the same, including interest and penalties as hereinbelow provided. (Ord. 94-24, 3-15-94)
12-1-13: INTEREST AND PENALTIES:
In the event of failure by any person to pay to the Village the tax required hereunder when the same shall be due, interest shall accumulate and be due upon said tax at the rate of one percent (1%) per month commencing as of the first day following the day when the deed was recorded or the assignment of beneficial interest was accepted by the trustee. In addition, a penalty of fifty percent (50%) of the tax and interest shall be assessed and collected against any person who fails to pay the tax imposed by this Chapter. (Ord. 94-24, 3-15-94)
12-1-14: CIVIL LIABILITY FOR TAX:
In the event of failure by any person to pay to the Village the tax required hereunder when the same shall be due, said person shall be liable to the Village for such tax, together with interest and penalties. The Village may bring an action to collect such tax, interest and penalties in any court of competent jurisdiction. (Ord. 94-24, 3-15-94)
12-1-15: FINE FOR VIOLATION:
In addition to the remaining provisions of this Chapter, any person found guilty in a court of competent jurisdiction of violating, disobeying, omitting, neglecting or refusing to comply with any provision of this Chapter, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) for each offense. (Ord. 94-24, 3-15-94)