The lien imposed by this subsection shall not be valid as against any
purchaser, mortgagee, pledgee, other holder of a security interest,
mechanic's lien, or judgment lien creditor until notice of such lien has
been filed as provided by the laws of this State. In regulations
prescribed in accordance with Section 16 of this Act, the Attorney General
may require that the qualified heir file such notice of lien. Even though
notice of said lien has been filed as provided in the preceding sentence,
such lien shall be subject to the rules set forth in paragraph (3) of
Section 6324A(d) of the Internal Revenue Code as if the lien were a lien
imposed by that Section.
(c) Personal liability. If the Illinois transfer tax is not paid when
due, then the person required to file the federal return and the
transferee of any transferred property having a tax situs within this State
shall be personally liable for the Illinois transfer tax, to the extent of
such transferred property originally received, controlled or transferred to
that person or transferee, less the amount of any expenses or charges
against the transferred property, related to the taxable transfer, which
have a higher priority of payment under applicable law than the Illinois transfer tax.
(d) Collection. The Attorney General shall have the right to sue for
collection of the Illinois transfer tax for 3 years after the date of the
actual filing of the related Illinois transfer tax return with the Attorney
General, or, if later, the last date upon which application for refund of
the Illinois transfer tax could be filed with the State Treasurer.
(e) Waiver of lien and personal liability. If the Attorney General is
satisfied that no liability for Illinois transfer tax exists or that the
Illinois transfer tax has been fully discharged or provided for, the
Attorney General shall issue a certificate releasing all of the transferred
property having a tax situs within the State of Illinois from the lien
imposed by this Section. Issuance of such certificate shall discharge the
person required to file the Illinois return and any
personal liability for the Illinois transfer tax.
(Source: P.A. 93-30, eff. 6-20-03.)