(A) The taxes levied and imposed under this subchapter shall be collected for and on behalf of the city by the City Clerk or the Clerk’s designee through the sale of a revenue stamp, which shall be prepared by said City Clerk in such quantities as the Clerk may prescribe. Such revenue or transfer stamp shall be available for sale at the City Clerk’s office during regular business hours of the City Clerk and/or at other locations or times designated by the City Clerk.
(B) (1) At the time the tax imposed by this Chapter 39 is paid (including taxes paid in connection with an application for exemption under § 39.159), there shall also be presented to the City Clerk or the Clerk’s designee, on a form prescribed by the Clerk, a declaration signed by at least one of the sellers and also signed by at least one of the buyers involved in the transaction or by their attorneys or agents for the sellers or buyers. The declaration shall state information including, but not limited to:
(a) The value of the real property located in the city subject to a real estate transfer;
(b) The parcel identifying number of the property;
(c) An adequate description of the property, including its address;
(d) The date of the deed, the date the transfer was effected or the date of the trust document;
(e) The type of deed, transfer or trust document;
(f) The type of improvement, if any, on the property;
(g) Information as to whether the transfer is between related individuals or corporate affiliates or is a compulsory transaction;
(h) The year the contract was initiated if an installment sale;
(i) The name, address and telephone number of the person preparing the declaration;
(j) A written statement by both the grantor or grantor’s agent and the grantee or grantee’s agent that the information contained in the declaration is true and correct to the best of his or her knowledge and belief; and
(k) A complete and accurate copy of the declaration to be submitted pursuant to the Real Estate Transfer Tax Law, 35 ILCS 200/31, as such law may be amended from time to time.
(2) No deed shall be accepted for recordation unless it bears on its face the transfer stamps of the city (including an exemption stamp issued pursuant to § 39.159), and no transfer stamps shall be issued unless such deed is accompanied by a declaration containing all the information requested in the declaration. When a declaration is signed by an attorney or agent 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 trustee being a 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, the attorneys or agents executing the declaration on behalf of the sellers or buyers need only identify the land trust that is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement.
(C) Each declaration so presented shall be accompanied by a deed. In addition to other requirements imposed by law each deed so presented shall contain the date of the conveyance which it evidences, an adequate description of the real property being conveyed (including an address and the permanent tax index number), and the names of the grantor and grantee; except that, with respect to the latter, in the case of an assignment of beneficial interest, a facsimile thereof executed by agents or attorneys as and for each of the grantor and grantee but otherwise not containing the names or identities of the grantor and grantee shall be acceptable.
(D) The primary liability for payment of said tax shall be borne by the grantee reflected in the deed unless otherwise negotiated by contract; provided, however, that it shall be unlawful for the grantee to accept a conveyance if the applicable transfer tax for that conveyance respecting the real property has not been paid, and such grantee is deemed to accept liability for such unpaid transfer tax. If at the time of recordation the tax has not been paid and the stamp is not visible upon the deed, then the grantee’s title shall be subject to the lien provided in § 39.158, as well as the penalties set forth in § 39.999. The tax herein levied shall be in addition to any and all other taxes.
(E) Notwithstanding any provision in this subchapter to the contrary, the City Clerk or designee shall not issue any transfer stamps for any real property that:
(1) Has any due but unpaid fees, charges, taxes, penalties or other amounts due to the city unless and until such amounts (plus any applicable interest) shall have been paid in full, including without limitation any taxes, interest, and penalties due pursuant to § 39.155 (as such tax may be reduced pursuant to § 39.159), notwithstanding the enforceability of any lien under § 39.158(B);
(2) Has any outstanding violations relating to the real property for which the city has issued notice unless and until every such violation is corrected;
(3) Has any incomplete permit activity unless and until such activity is completed and inspected in accordance with applicable permits and codes;
(5) Has not obtained a receipt for the final water bill payment, payment of all amounts due pursuant to § 51.077, and successful completion of all required inspections related to the closing or transfer of a water account with the city.
(Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010; Ord. 2016-02, passed 1-19-2016; Ord. 2017-58, passed 10-16-2017) Penalty, see § 39.999