Who pays transfer taxes? | When are transfer taxes paid? | Methodology
Illinois's current transfer tax rate is $0.50 per $500. So, for a house worth $251,267 — the median home price in the state — the transfer tax due will be $377. On top of that, certain counties impose an additional 25 cents for every $500.
The specifics on who pays the transfer tax in Illinois are sometimes up for negotiation, but usually the seller is responsible.
Clever Real Estate can help you cut costs here — our concierge team will partner you with an experienced agent who can help you negotiate a good deal with your buyer on transfer taxes. You'll save big by paying only 1.5% in commission, which is much less than the Illinois average of 2.75%.
You can't change transfer tax rates. But, an experienced Clever Real Estate agent can help you win the negotiation battle so you aren't stuck paying all of the transfer taxes on your own.
When you choose Clever, you'll work with a full-service realtor with transfer tax expertise in your local market.
Clever's service is totally free, with zero obligation — you can walk away at any time.
What are real estate transfer taxes?
Real estate transfer taxes are taxes imposed on the transfer of title of real estate property. In most cases, it is based on the value of the property transferred. The state statutes may or may not stipulate who (buyer or seller) is responsible for paying the tax. In addition, most statutes list a number of cases where the transfer is exempt from taxation.
When you buy or sell a house, you may be required to pay a transfer tax as a percentage of the sale amount. Depending on your address, it's possible to encounter transfer taxes at the city, county and state level.
Furthermore, you may also run into federal transfer taxes on property that you obtained as a gift or inheritance. The transfer taxes involved in such cases are more commonly known as the estate tax and gift tax.
Since these taxes vary on a state, regional, and local level, it's important that buyers and sellers alike work with an experienced local real estate agent to ensure they understand this process completely before selling or purchasing a new property.
Transfer taxes are separate from recording fees and mortgage recording taxes, which apply on top of transfer taxes. A recording fee is usually a small flat amount, while mortgage recording taxes are a percentage of the sale price, such as transfer taxes.
When combined, all these fees can end up constituting a significant chunk of your mortgage closing costs — if you're the one required to pay them.
Who pays transfer taxes in Illinois: The buyer or the seller?
In Illinois, the seller is usually charged for the transfer tax, which is taken out of the seller's proceeds at closing. However, keep in mind that the tax responsibility is negotiable between the buyer and seller.
Depending on the location of the property, the transfer tax can be paid by either the buyer or the seller. The two parties must determine which side will cover the cost of the transfer tax as part of the negotiation around the home sale. When it comes down to the wire, the decision will ultimately be influenced by local custom, as well as the real estate market.
Some cities also have their own transfer taxes. Some are paid by the buyer, some by the seller, and some are paid by both.
How much are transfer taxes in Illinois?
Transfer taxes are ordinarily assessed as a percentage of either the sale price or the fair market value of the property that's changing hands. State laws usually describe transfer tax as a set rate for every $500 of the property value. You may be responsible for transfer taxes at multiple levels of government, depending on where the property is located.
To calculate the transfer tax burden on the sale of real estate, you'll first need to know the transfer tax rate. Transfer tax rates are frequently charged per each monetary unit of sale price.
The state of Illinois has a transfer tax that is typically paid by sellers at a rate of $0.50 per $500, or $500 per $100,000 of property value. In addition, counties may apply an additional tax of $0.25 per $500.
There’s no way around paying transfer taxes, but you can cut costs by working with a company like Clever. Our partner agents provide full-service assistance for only a 1.5% listing fee, which is significantly lower than the nationwide average of 3%.
On top of that, our experts will ensure that you get the best deal possible so that you take home the maximum profit from your sale.
Can you deduct transfer taxes?
Unfortunately, transfer taxes are not tax deductible. The seller will often be responsible for paying the tax; the tax is not deductible for either the buyer or the seller.
Whether you are buying or selling, the IRS does not allow you to deduct transfer taxes, or any other taxes involved in the sale of a personal home for that matter. This includes other costs such as the recording tax paid on each mortgage.
However, transfer taxes in some areas are "deductible" from one another: the tax you pay to one level of government may reduce the tax you owe to another.
There is one exception to this standard: while transfer taxes cannot be deducted on the sale of personal property, they can be deducted as a work expense if the property is used as a rental home or a real estate investment.
Additionally, transfer taxes can be used to reduce the seller's tax exposure. This is accomplished by offsetting any capital gains earned in the sale.
Let's dive into an example: if you purchase a home for $250,000 and sold the same property for $520,000, your gain on sale would be $270,000. If you are filing alone, you must pay taxes on any gains over $250,000, and $500,000 for married couples filing jointly.
This means you would pay taxes on the remaining $20,000. However, if you spent $8,000 in transfer taxes, these are added to the house's original property value. This brings your taxable gain down to $12,000.
When do you pay transfer taxes in Illinois?
Real estate transfer taxes are generally paid at sale closing time, regardless of whether it's part of the buyer's or seller's closing costs.
Wondering when these fees will pop up in the home buying or selling process? Residential real estate buyers and sellers will see the amount of transfer taxes to be paid noted on their HUD-1 settlement forms.
Real estate is also subject to capital gains taxes that are charged by the federal government and numerous states, including Illinois. If due, capital gains taxes on the sale of real estate are paid at tax filing time.
Illinois transfer tax summary
Although Illinois’ transfer taxes are quite straightforward, having to manage all the necessary requirements for a successful sale can be a challenge. Working with an experienced agent ensures you'll have your numbers right and that you'll take home the most profit possible from the sale.
The easiest way to find a local expert is by working with Clever. We’ll partner you with a local real estate agent who knows how to deal with the state’s tax and helps negotiate a deal in your favor. What’s more, our agents charge only a 1.5% listing fee compared to the state average of 2.75%! The money you'll save can more than offset the cost of the transfer taxes.
» SAVE: Learn more about how a Clever agent can help you navigate Illinois transfer taxes
Methodology
- Transfer tax amounts are based on government website information as of February 2024.
- We gathered our listing commission rate data from a December 2023 survey of 630 of our partner agents.
- Home values, list prices, and sale prices are based on Zillow data as of January 2024.
