Public Act 096-0789
 
SB2115 Enrolled LRB096 09480 HLH 19637 b

    AN ACT concerning revenue.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Estate and Generation-Skipping
Transfer Tax Act is amended by changing Section 2 as follows:
 
    (35 ILCS 405/2)  (from Ch. 120, par. 405A-2)
    Sec. 2. Definitions.
    "Federal estate tax" means the tax due to the United States
with respect to a taxable transfer under Chapter 11 of the
Internal Revenue Code.
    "Federal generation-skipping transfer tax" means the tax
due to the United States with respect to a taxable transfer
under Chapter 13 of the Internal Revenue Code.
    "Federal return" means the federal estate tax return with
respect to the federal estate tax and means the federal
generation-skipping transfer tax return with respect to the
federal generation-skipping transfer tax.
    "Federal transfer tax" means the federal estate tax or the
federal generation-skipping transfer tax.
    "Illinois estate tax" means the tax due to this State with
respect to a taxable transfer.
    "Illinois generation-skipping transfer tax" means the tax
due to this State with respect to a taxable transfer that gives
rise to a federal generation-skipping transfer tax.
    "Illinois transfer tax" means the Illinois estate tax or
the Illinois generation-skipping transfer tax.
    "Internal Revenue Code" means, unless otherwise provided,
the Internal Revenue Code of 1986, as amended from time to
time.
    "Non-resident trust" means a trust that is not a resident
of this State for purposes of the Illinois Income Tax Act, as
amended from time to time.
    "Person" means and includes any individual, trust, estate,
partnership, association, company or corporation.
    "Qualified heir" means a qualified heir as defined in
Section 2032A(e)(1) of the Internal Revenue Code.
    "Resident trust" means a trust that is a resident of this
State for purposes of the Illinois Income Tax Act, as amended
from time to time.
    "State" means any state, territory or possession of the
United States and the District of Columbia.
    "State tax credit" means:
    (a) For persons dying on or after January 1, 2003 and
through December 31, 2005, an amount equal to the full credit
calculable under Section 2011 or Section 2604 of the Internal
Revenue Code as the credit would have been computed and allowed
under the Internal Revenue Code as in effect on December 31,
2001, without the reduction in the State Death Tax Credit as
provided in Section 2011(b)(2) or the termination of the State
Death Tax Credit as provided in Section 2011(f) as enacted by
the Economic Growth and Tax Relief Reconciliation Act of 2001,
but recognizing the increased applicable exclusion amount
through December 31, 2005.
    (b) For persons dying after December 31, 2005 and on or
before December 31, 2009, an amount equal to the full credit
calculable under Section 2011 or 2604 of the Internal Revenue
Code as the credit would have been computed and allowed under
the Internal Revenue Code as in effect on December 31, 2001,
without the reduction in the State Death Tax Credit as provided
in Section 2011(b)(2) or the termination of the State Death Tax
Credit as provided in Section 2011(f) as enacted by the
Economic Growth and Tax Relief Reconciliation Act of 2001, but
recognizing the exclusion amount of only $2,000,000, and with
reduction to the adjusted taxable estate for any qualified
terminable interest property election as defined in subsection
(b-1) of this Section.
    (b-1) The person required to file the Illinois return may
elect on a timely filed Illinois return a marital deduction for
qualified terminable interest property under Section
2056(b)(7) of the Internal Revenue Code for purposes of the
Illinois estate tax that is separate and independent of any
qualified terminable interest property election for federal
estate tax purposes. For purposes of the Illinois estate tax,
the inclusion of property in the gross estate of a surviving
spouse is the same as under Section 2044 of the Internal
Revenue Code.
    In the case of any trust for which a State or federal
qualified terminable interest property election is made, the
trustee may not retain non-income producing assets for more
than a reasonable amount of time without the consent of the
surviving spouse.
    (c) For persons dying after December 31, 2009, the credit
for state tax allowable under Section 2011 or Section 2604 of
the Internal Revenue Code.
    "Taxable transfer" means an event that gives rise to a
state tax credit, including any credit as a result of the
imposition of an additional tax under Section 2032A(c) of the
Internal Revenue Code.
    "Transferee" means a transferee within the meaning of
Section 2603(a)(1) and Section 6901(h) of the Internal Revenue
Code.
    "Transferred property" means:
        (1) With respect to a taxable transfer occurring at the
    death of an individual, the deceased individual's gross
    estate as defined in Section 2031 of the Internal Revenue
    Code.
        (2) With respect to a taxable transfer occurring as a
    result of a taxable termination as defined in Section
    2612(a) of the Internal Revenue Code, the taxable amount
    determined under Section 2622(a) of the Internal Revenue
    Code.
        (3) With respect to a taxable transfer occurring as a
    result of a taxable distribution as defined in Section
    2612(b) of the Internal Revenue Code, the taxable amount
    determined under Section 2621(a) of the Internal Revenue
    Code.
        (4) With respect to an event which causes the
    imposition of an additional estate tax under Section
    2032A(c) of the Internal Revenue Code, the qualified real
    property that was disposed of or which ceased to be used
    for the qualified use, within the meaning of Section
    2032A(c)(1) of the Internal Revenue Code.
    "Trust" includes a trust as defined in Section 2652(b)(1)
of the Internal Revenue Code.
(Source: P.A. 93-30, eff. 6-20-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.