As per the Hall of Fame lease with the State of Illinois, it has been pointed out that the HOF has to pay property taxes on the HOF property and building it does not own. How much is the payment for that property? If the State of Illinois has defaulted on the lease who has to pay that sum? This brings the question as to whether the HOF has sent a notice of alleged default to the State of Illinois. Or is the HOF intending to pay taxes on a building and property they do not own and cannot use. The property taxes on a $2.1 million building must be significant. Attorneys help here please.
Announcing that the shooting has been suspended certainly impacts the normal business at the HOF don't you think? Announcing that the road will not be repaired impacts normal business. The HOF sits empty due to these issues. If there is possibly a default on the state of Illinois end I would want the state to eat the property taxes.
That section doesn't mean there will be taxes, it means if any taxing agency deems there should be taxes, then the lessee shall pay them. If the HOF/ATA or however they put the business stuff together to the state, is a tax exempt entity, it's irrelevant.
I would have thought the same except that the clause clearly states they are responsible for all taxes "assessed" which implies property taxes.
Here .... read it if you have an interest. Without knowing all the details, you can read it to suit yourself. http://www.revenue.state.il.us/publications/localgovernment/ptax1004.pdf This is on page 5 .... "The property tax is a local tax imposed by local government taxing districts (e.g., school districts, municipalities, counties) and administered by local officials (e.g., township assessors, chief county assessment officers,local boards of review, county collectors). Property taxes are collected and spent at the local level." "Illinois does not have a state property tax." page 5/6 .... "Real property is land and any permanent improvements." .... It says (and), not (or) .... "Leaseholders pay property taxes on real property leased from an owner whose property is exempt (e.g., the state owns agricultural property and leases it to a farmer)."
Someone needs to ask the HOF BOD, WHAT IN THE HELL WERE YOU GUYS THINKING WHEN YOU SIGNED THAT LEASE? They should all be enrolled in a reading comprehension class. The sanity of those them should also suspect. Roger C.
DUFF: When shooting is suspended the taxes are not lifted, they keep applying to the property, even if the whole WRSC Folds up, taxes are accumulated until property is sold. Gary Bryant.......................Dr.longhshot
Doc....I think you are wrong. The HOF would only be responsible for taxes during the period their lease was being enforced. They may get relief from the courts during the notice of default. Illinois has obviously made it nearly impossible for the HOF to do business. Now they will pay taxes on a building they dream they can use and one they can never own. jmho
Do they need to have a C of O before they can begin taxing the HOF for The State Owned building ? If so, the THOF need only never apply for one. Merry Christmas every one..
Doc the HOF does not have to pay taxes for periods in which they are not involved in a lease with the IDNR. That is much like a farmer leasing property from the state to farm. There will probably never be a sale of the property as it is part of a park. When the HOF lease is broken so will be their tax liability. The next leasing party if there is one will not have to pay any back or accrued taxes. Focus doc.
Depending on how the HOF filed as an entity in the state of Illinois, they may not be subjected to a tax on property. And wait for it,.........wait,............wait..................it could be a 501(c) tax exempt.
In this case, the land being owned by IDNR, or the state doesn't apply. Although in Ohio, when selling a horse barn, it does.
Go here ... http://www.dnr.illinois.gov/recreation/WSRC/Pages/default.aspx ... and you will see ... "J&T's Caliber Restaurant, The Great Outdoors, J&J's Guns, Gipsons Firearms, ATA Hall of Fame Building, and the fishing/boat ramps will all remain open to the public." If ... "ATA Hall of Fame Building" is/will "remain open to the public" ... how is the "lease" in violation ???? Why would the HOF building ... "not be subjected to a tax on property" ... by being "501(c)" ... go here http://tax.illinois.gov/publications/pios/pio-37.htm ... to find ... "Your organization must ... be an exclusively beneficent and charitable, religious, educational, or governmental organization, and own the property that is used exclusively for charitable, religious, educational, or governmental purposes and not leased or used for profit, to qualify for a property tax exemption." ... The HOF has a "lease" ... you do not "lease" something you "own" ... it says ..."Your organization must own the property" ... "to qualify for a property tax exemption." ... From the "Lease Agreement" page 3 ... "Lessee agrees to return Premises to DNR in a condition as good as or better than its condition at execution of this Agreement, with all improvements, specifically including but not limited to the Trapshooting Hall of Fame Museum and Offices, in their fully functioning and properly maintained condition, less reasonable wear and tear, and in accordance with Section 26 herein." You can read "return" as the "DNR" being the "owner" from day one. Not the HOF transferring ownership of the "building" at some point. If that is the case, it may not "qualify for a property tax exemption", because it has to be "not leased".
Theloudone has it correct ! I don't believe the place ever got finished in time for the November move of the artifacts... Looks like old Punkiin flock will spend another winter in the warmth of Ohio.
specifically including but not limited to the Trapshooting Hall of Fame Museum and Offices, in their fully functioning and properly maintained condition, less reasonable wear and tear, and in accordance with Section 26 herein." As I read this, the HOF still has to finish the project.... Am I correct, or could they just walk away and leave it unfinished (if the place folds) to save money ?
BFIH Interesting post. Did the IDNR approve the building plans including the interior? I am thinkin that the clause was meant to keep the HOF from gutting the place when they left. Guessing the IDNR never thought they would agree to this and the clause was part of the bargaining process. Also it appears the IDNR understood the political climate and saw the opportunity to score a $2.1 million building for next to nothing. Advantage IDNR. In my opinion the HOF and ATA did not care since a purpose of the building was to create a baby anchor. Isn't there a major highway going by the HOF. Folks will see it anyway right?