Cook County Tax Exemption treatment on flip

Cook County Tax Exemption treatment on flip

Rental Property Investor · Chicago, IL · Member since 2014 · 20 posts · 3 votes

Hi all,

I recently completed my first flip and had a question about the treatment of tax exemptions on the property.  In the end, I feel like I significantly overpaid.

We purchased the property in late September of 2017 from an elderly couple that had 3 exemptions (homeowner, senior and senior freeze).  On closing, we received about $1700 in credits towards the 2017 tax bill.  Their previous full year tax bills averaged about $2100, so this makes sense to me.

Unfortunately, we held the property for almost exactly 1 year, til late September 2018.  In that timeframe, we paid the first 2017 bill of only about $1100 (thus still reflecting the exemptions). But the final 2017 bill did NOT reflect any exemptions, so we ended up paying an additional $5800 for a total of $6900 to the county for year 2017.

Finally, when we went to sell the property, we had to give a credit to the seller based on the 2017 bill.  We credited $5500.  So we held the property for a year, but ended up paying $6900 - $1700 + $5500 = $10,700.... which seems to be almost $3000 more than what we should have paid for 1 year of ownership.

I feel like the county should have received ~80% of the 2017 bill with exemptions and ~20% of the bill without exemptions, yet they received a full year without exemptions.  Am I wrong or is this not how it works?   Is there anything I could do to appeal or is it too late now that I don't own the property? It seem like this must happen somewhat regularly, so I'm surprised there was no automated way to catch it.

Thanks in advance for any advice!

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Brie SchmidtBusiness Member
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Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
7y

Sounds right to me.  The new owner does not get the previous exemptions unless they personally qualify for them

See this reply in the discussion

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  • Member since 2018 · 1k+ posts · 1k+ votes
    7y

    "But the final 2017 bill did NOT reflect any exemptions, so we ended up paying an additional $5800 for a total of $6900 to the county for year 2017."

    -----------------------------------------------

    What exemptions did you qualify for that you didn't apply for? Start there and see if you could do a certificate of error and get a refund/reduction.

    There are 4 main property tax exemptions in Chicago. They are:

    a. -- Homeowner's  (your principal residence)

    b. -- Senior (over 65)

    c. -- Senior freeze (over 65 and income limit)

    d. -- Long time homeowner (ten consecutive years as your principal residence AND income limit).

    Do you come under any of those classifications? If not, no exemptions. Whether you could have carried forward the prior owner's exemptions because he owned it on January 1st of 2017 and you were paying 2017 taxes in 2018 (Chicago pays a year behind), I don't know. Go talk to a lawyer. I can't give legal advice.

    Also, your property was probably re-assessed to reflect your purchase price. That could be a big increase right there.

    Finally: Welcome to Chicago.

  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    7y

    Sounds right to me.  The new owner does not get the previous exemptions unless they personally qualify for them

  • Member since 2018 · 1k+ posts · 1k+ votes
    7y

    "Sounds right to me. The new owner does not get the previous exemptions unless they personally qualify for them"

    -----------------------------------

    Still might be worth seeing if prior owner's exemptions carried over for 1 year (give that Chicago pays a year behind) since the prior, qualified, owner owned it on 1 January 2017. The only advice I ever really give is "go see a lawyer."

  • Attorney · Northbrook, IL · Member since 2017 · 719 posts · 549 votes
    7y

    @Joe Ramirez The County does to prorate exemptions. You either quality for them on January 1st and get them for the year, or you do not quality and don't get them at all. Someone on your team should be familiar with local laws so you don't get caught in these scenarios. Everything you just described is pretty normal for Chicago. A homeowners and senior exemption are pretty easy to calculate, the scary one is a senior freeze. Removing a senior freeze from a tax bill can result in a massive hit.

  • Flipper/Rehabber · Louisville, KY · Member since 2008 · 1k+ posts · 1k+ votes
    7y

    What I think is a combination of bad timing, lack of local knowledge, and you don't qualify for exemptions. My guess is that when you bought the property there was already a tax increase coming down the pipe for 2017 that you didn't ask about when you bought. Properties are reassessed every 3 years and you need to check online what the new assessment is. Not unusual for 40-50% increases and not uncommon for the huge spike to cause someone to sell before it takes effect. In sept 2017, you were probably still in the appeal window and could have appealed that increase if you had checked.

    The bulk of that increase will be reflected on the 2nd installment because the 1st installment is always 55% of previous year. They wait for the appeals to be processed and then you get the balance billed in the 2nd installment. 

    Plus you did not qualify for any of the exemptions they previously did (exemptions for long time owners and elderly can be significant). So you got hit with 2 increases and then those increases will carry over to 2018 if they hadn't been appealed so yes, you will credit the new owner based on 2017.

    I can see how you think the 2nd installment should have been prorated more accurately but that is just not how it works. The County just deals in 2 chunks, 1st and 2nd installment. The burden is on your attorney and closing agent to do the fine tuning of credits at closing. Someone representing you should have asked about a credit for that July to Sept period.

    The new owner probably gets a deal because they can apply for exemptions and appeal the increased assessment that took effect in 2017. So most likely their tax will go down if not in 2018, then 2019.

  • Rental Property Investor · Chicago, IL · Member since 2014 · 20 posts · 3 votes
    7y

    Thanks all for the insights.  The effect I'm talking about is definitely the removal of exemptions, not the increase in the assessment.  It just seems wrong that I had to pay the full year 2017 tax bill without exemptions even though I only owned it essentially 3 months (oct-dec) of 2017.  I'm going to appeal with the county to see if I can make sense of it.

  • Rental Property Investor · Chicago, IL · Member since 2014 · 20 posts · 3 votes
    7y

    Hi all,  just wanted to update this thread in case anyone was interested in the result....

    It turns out the reason we overpaid taxes was because the previous owners had the Senior Freeze exemption, but they forgot to apply for it for the year 2017.  We bought the property from them in late 2017. According to the county (which I spoke to directly), the property was still eligible for all of the previous owners' exemptions in the year 2017 if they occupied the home on Jan 1, 2016 and Jan 1, 2017 (which is expressly written in the exemption application). Since they did, they should have filed for their exemptions in 2017 like normal.  Because they didn't or forgot to, the county removed the exemptions for that year and thus we, the new owners, paid thousands more than we should have.

    The lesson for me was to make sure someone is checking on this when the closing for the house occurred.  I'm not exactly sure who's responsibility it is to check that this was done properly (my agent, my lawyer, etc...), but really this was just one of those rarer cases that happened to slip through the cracks.  Good learning experience for sure.  We are now in the process of retroactively filing the exemptions with the previous owners in order to get a refund.  Thanks for all the responses here!

  • Real Estate Agent · Forest Park, IL · Member since 2014 · 255 posts · 141 votes
    7y

    Thanks for following up. Sounds like a good one for the due diligence checklist!

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