Kristy A. Masching (Republican)

112 W. Madison St., Pontiac, IL 61764

(815) 844-2006

Fax:    (815) 842-1844

LIVINGSTON COUNTY NEEDS YOU!!

Help Ensure our Future One Vote

At a Time by Becoming an

ELECTION JUDGE.

 For more information, please contact the

 Livingston County Clerk’s Office at

112 W. Madison, Pontiac, IL

815-844-2006

 *** General Primary Election Results ***

The County Clerk and Recorder's office has a wide variety of duties including issuing marriage licenses, maintaining birth, death and marriage records, and presiding over elections. This office also works closely with the County Assessor and Treasurer in the real estate tax process. The County Clerk and Recorder's office is responsible for processing raffle and liquor license applications, maintaining records of small business assumed names, notaries public, campaign disclosure documents, statements of economic interest, preparing official proceedings of County Board meetings, and swearing in new deputies for county offices. The Recorder is responsible for maintaining land records including deeds, mortgages, liens, assignments, releases, and plats, and documents pertaining to corporations.

Additional information regarding this department is available on the "Know Your County Government" page of this site.

 August 11, 2005

NOTICE

This Notice is to alert users of the Livingston County Recorder’s Office of recent legislation.

Effective last year, on June 1, 2004, Public Act 93-657 made certain changes in the Real Estate Transfer Tax Authorized under the Illinois Revenue Code (35 ILCS 200/31-10) to impose such tax on the privilege of transferring a controlling interest in a real estate entity owning property located in Illinois including a lessee’s interest in certain ground leases. 

This new law failed to authorize counties to collect the transfer tax on such transfers of controlling interest, thereby inadvertently creating an inconsistency in the manner in which transfer taxes may be imposed by the state and the county respectively.

In order to rectify this inconsistency, Public Act 93-1099 became effective June 1, 2005.  This new law now authorizes counties to also impose a tax on the transfer of a controlling interest in a real estate entity owning property located in Illinois, including a lessee’s interest in certain ground leases.  The Livingston County Board has enacted such authority on August 11, 2005 and the Recorder’s Office will now impose the tax at the same rate on the transfer of a beneficial interest.

Please have your legal staff review last year’s Public Act 93-657 (effective June 1, 2004) and also the accompanying Public Act 93-1009 (effective June 1, 2005) which imposes the Real Estate Transfer Tax on the privilege of transferring a controlling interest in a real estate entity owning property located in Illinois, including a lessee’s interest in certain ground leases.  Also, the “trust document” definition has been expanded to include any document related to the transfer of a taxable beneficial interest.  The IDOR has been allowed to prescribe a document to affix stamps for non-recorded transfers.

New Transfer Tax forms, PTAX-203-B and PTAX-203-NR, have been created to accommodate these transactions.  These forms may be acquired directly from the Illinois Department of Revenue’s web site at http://www.iltax.com/LocalGovernment/RETT.htm.  You may contact Kathy Floyd in Local Government Services at (217) 785-6619 should you have questions.

As always, please make this Notice available to all Departments within your entity (i.e.: Trust, Farm, Commercial Loan, Installment Loan, etc.) as you see fit.

"...serving the people of Livingston County"