Illinois Leasehold Interest Workform

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US-DD0904
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Leasehold Interest Workform

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FAQ

Claim or right to enjoy the exclusive possession and use of an asset or property for a stated definite period, as created by a written lease. The concept of a leasehold interest is most commonly applied with ground leases. A leasehold interest can be sold or traded just like any other property.

In real estate, a leasehold interest refers to a structure where an individual or entity (lessee) leases the land (i.e. ground lease) from the fee simple owner (lessor) of the land for an extended period of time.

Illinois Real Estate. Transfer Declaration. Please read the instructions before completing this form. This form can be completed electronically at tax.illinois.gov/retd.

Leasehold interest refers to the occupancy rights that a property lessee has for a limited time under a lease in a non-freehold estate, which is a real estate agreement that does not convey ownership interest or rights to the title of a piece of real property.

IRS regulations state that leasehold interests are like-kind to fee simple real estate once they have a remaining term of 30 years or longer. A leasehold with a remaining term under 30 years is not like-kind and does not qualify for a Section 1031 exchange.

Now, let's dive into the four types of leasehold estates. The most common type is known as an Estate for Years. An Estate for Years is an interest in land that arises by contract for possession for a definite, but limited, period of time.

Property Tax E-Services State of Illinois Forms PTAX-203, 203-A, and 203-B. City of Chicago Form 7551 Real Property Transfer Tax Declaration. Real Property Transfer Tax Declarations for participating counties.

A leasehold interest is a contract in which an individual or entity, or in real estate terms, a lessee, leases a parcel of land from an owner or lessor for a set period of time. The lessee has the exclusive rights to possess and use as an asset or property for the specified period of time.

The Illinois state and county exemptions for transfer taxes are as follows: a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date. 35 ILCS 200/31-45(a).

For tax purposes, in a true lease, the lessor is the end user and must pay use tax on its cost price of the tangible personal property. Lessees do not have a tax liability under a true lease.

More info

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Illinois Leasehold Interest Workform