title
AN ORDINANCE AMENDING CHAPTER 33, ARTICLE IV, REAL ESTATE TRANSFER TAX, AND ARTICLE VII, LAND TRUST TRANSFER TAX, OF THE DUPAGE COUNTY
CODE BY RESTATING AND AMENDING THE PREVIOUSLY ESTABLISHED COUNTY
TAX ON THE PRIVILEGES OF TRANSFERRING REAL ESTATE AND
BENEFICIAL INTERESTS IN REAL ESTATE
resolution
WHEREAS, on July 12, 2005, the DuPage County Board enacted Resolution FI-0116-05, Resolution Imposing A Tax On The Privilege Of Transferring Real Estate And Beneficial Interest In Real Estate, which should have been codified as DuPage County Code Chapter 33, Article IV, Real Estate Transfer Tax, to clearly reflect that the County imposes a real estate transfer tax upon the privilege of transferring both title to real estate and a beneficial interest in the real estate as provided in Section 5-1031 of the Counties Code (55 ILCS 5/5-1031); and
WHEREAS, on December 10, 1985, the DuPage County Board enacted Ordinance F-ORD-01-86, which is codified as DuPage County Code, Chapter 33, Article VII, Land Trust Transfer Tax, adopting the Land Trust Transfer Tax which imposes the real estate transfer tax upon the privilege of transferring a beneficial interest in a land trust regardless of whether a trust document transfer is recorded, as currently provided in the Land Trust Recordation And Transfer Tax Act, (765 ILCS 420/1 to 4, formerly cited as Ill.Rev.Stat. 1991, ch. 30, ¶¶ 801 to 804) but the County Code still contains outdated references to the Illinois Revised Statutes and it is necessary to update such references to the current Illinois Compiled Statues; and
WHEREAS, the State of Illinois imposes a real estate transfer tax authorized under Real Estate Transfer Tax Law (35 ILCS 200/31-1 to 70, formerly the Real Estate Transfer Tax Act cited as Ill.Rev.Stat. 1991, ch. 120, ¶¶ 1000 to 1008 ) that is collected by the DuPage County Recorder through the sale of revenue stamps that are required to be affixed to documents prior to recording, and the revenue stamps are designed to reflect the total amount of both the state and county real estate transfer tax, and the county must comply with provisions of both the state Real Estate Transfer Tax Law, and the Land Trust Recordation and Transfer Tax Act, which have both been amended by subsequent Public Acts since adoption of Resolution FI-0116-05 and Ordinance F-ORD-01-86; and
WHEREAS, the County Board reaffirms imposition of a tax upon the privilege of transferring title to real estate, as represented by the deed that is filed for recordation, and upon the privilege of transferring a beneficial interest in real estate located in DuPage County as defined in Section 31-5 of the Real Estate Transfer Tax Law, at the rate of 25 cents for each $500 of value or fraction thereof stated in the declaration required by Section 31-25 of the Real Estate Transfer Tax Law. 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. Exemptions shall be provided and the tax must be collected in accordance with the Real Estate Transfer Tax Law, the Land Trust Recordation and Transfer Tax Act and Section 5/5-1031 of the Counties Code (55 ILCS 5/5-1031); and
WHEREAS, the County Board reaffirms imposition of a tax imposed on the privilege of transferring a beneficial interest in any land trust and that no transfer shall be operative until such time as there is compliance with DuPage County Ordinance F-ORD-01-86, and it is necessary to update DuPage County Code, Chapter 33, Article VII, Land Trust Transfer Tax to replace outdated references to the Illinois Revised Statutes with current references to the Illinois Compiled Statues.
NOW, THEREFORE, BE IT ORDAINED that Sections 33-30 through 33-39, Article IV, Real Estate Transfer Tax, and Section 33-64, Article VII, Land Trust Transfer Tax of the DuPage County Code are hereby restated and amended to read as set forth in Exhibit A hereto; and
BE IT FURTHER ORDAINED, that the Clerk shall transmit a copy of this ordinance to the County’s Codifier for its incorporation into the DuPage County Code of ordinances, a copy to the DuPage County Recorder, and a copy to the Chief Financial Officer.
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Enacted and approved this 11th day of April, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK