99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3138

 

Introduced , by Rep. David Harris

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 405/2  from Ch. 120, par. 405A-2

    Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Increases the exclusion amount from $4,000,000 to $5,000,000 for persons dying on or after January 1, 2017.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Estate and Generation-Skipping
5Transfer Tax Act is amended by changing Section 2 as follows:
 
6    (35 ILCS 405/2)  (from Ch. 120, par. 405A-2)
7    Sec. 2. Definitions.
8    "Federal estate tax" means the tax due to the United States
9with respect to a taxable transfer under Chapter 11 of the
10Internal Revenue Code.
11    "Federal generation-skipping transfer tax" means the tax
12due to the United States with respect to a taxable transfer
13under Chapter 13 of the Internal Revenue Code.
14    "Federal return" means the federal estate tax return with
15respect to the federal estate tax and means the federal
16generation-skipping transfer tax return with respect to the
17federal generation-skipping transfer tax.
18    "Federal transfer tax" means the federal estate tax or the
19federal generation-skipping transfer tax.
20    "Illinois estate tax" means the tax due to this State with
21respect to a taxable transfer.
22    "Illinois generation-skipping transfer tax" means the tax
23due to this State with respect to a taxable transfer that gives

 

 

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1rise to a federal generation-skipping transfer tax.
2    "Illinois transfer tax" means the Illinois estate tax or
3the Illinois generation-skipping transfer tax.
4    "Internal Revenue Code" means, unless otherwise provided,
5the Internal Revenue Code of 1986, as amended from time to
6time.
7    "Non-resident trust" means a trust that is not a resident
8of this State for purposes of the Illinois Income Tax Act, as
9amended from time to time.
10    "Person" means and includes any individual, trust, estate,
11partnership, association, company or corporation.
12    "Qualified heir" means a qualified heir as defined in
13Section 2032A(e)(1) of the Internal Revenue Code.
14    "Resident trust" means a trust that is a resident of this
15State for purposes of the Illinois Income Tax Act, as amended
16from time to time.
17    "State" means any state, territory or possession of the
18United States and the District of Columbia.
19    "State tax credit" means:
20    (a) For persons dying on or after January 1, 2003 and
21through December 31, 2005, an amount equal to the full credit
22calculable under Section 2011 or Section 2604 of the Internal
23Revenue Code as the credit would have been computed and allowed
24under the Internal Revenue Code as in effect on December 31,
252001, without the reduction in the State Death Tax Credit as
26provided in Section 2011(b)(2) or the termination of the State

 

 

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1Death Tax Credit as provided in Section 2011(f) as enacted by
2the Economic Growth and Tax Relief Reconciliation Act of 2001,
3but recognizing the increased applicable exclusion amount
4through December 31, 2005.
5    (b) For persons dying after December 31, 2005 and on or
6before December 31, 2009, and for persons dying after December
731, 2010, an amount equal to the full credit calculable under
8Section 2011 or 2604 of the Internal Revenue Code as the credit
9would have been computed and allowed under the Internal Revenue
10Code as in effect on December 31, 2001, without the reduction
11in the State Death Tax Credit as provided in Section 2011(b)(2)
12or the termination of the State Death Tax Credit as provided in
13Section 2011(f) as enacted by the Economic Growth and Tax
14Relief Reconciliation Act of 2001, but recognizing the
15exclusion amount of only (i) $2,000,000 for persons dying prior
16to January 1, 2012, (ii) $3,500,000 for persons dying on or
17after January 1, 2012 and prior to January 1, 2013, and (iii)
18$4,000,000 for persons dying on or after January 1, 2013 and
19prior to January 1, 2017, and (iv) $5,000,000 for persons dying
20on or after January 1, 2017, and with reduction to the adjusted
21taxable estate for any qualified terminable interest property
22election as defined in subsection (b-1) of this Section.
23    (b-1) The person required to file the Illinois return may
24elect on a timely filed Illinois return a marital deduction for
25qualified terminable interest property under Section
262056(b)(7) of the Internal Revenue Code for purposes of the

 

 

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1Illinois estate tax that is separate and independent of any
2qualified terminable interest property election for federal
3estate tax purposes. For purposes of the Illinois estate tax,
4the inclusion of property in the gross estate of a surviving
5spouse is the same as under Section 2044 of the Internal
6Revenue Code.
7    In the case of any trust for which a State or federal
8qualified terminable interest property election is made, the
9trustee may not retain non-income producing assets for more
10than a reasonable amount of time without the consent of the
11surviving spouse.
12    "Taxable transfer" means an event that gives rise to a
13state tax credit, including any credit as a result of the
14imposition of an additional tax under Section 2032A(c) of the
15Internal Revenue Code.
16    "Transferee" means a transferee within the meaning of
17Section 2603(a)(1) and Section 6901(h) of the Internal Revenue
18Code.
19    "Transferred property" means:
20        (1) With respect to a taxable transfer occurring at the
21    death of an individual, the deceased individual's gross
22    estate as defined in Section 2031 of the Internal Revenue
23    Code.
24        (2) With respect to a taxable transfer occurring as a
25    result of a taxable termination as defined in Section
26    2612(a) of the Internal Revenue Code, the taxable amount

 

 

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1    determined under Section 2622(a) of the Internal Revenue
2    Code.
3        (3) With respect to a taxable transfer occurring as a
4    result of a taxable distribution as defined in Section
5    2612(b) of the Internal Revenue Code, the taxable amount
6    determined under Section 2621(a) of the Internal Revenue
7    Code.
8        (4) With respect to an event which causes the
9    imposition of an additional estate tax under Section
10    2032A(c) of the Internal Revenue Code, the qualified real
11    property that was disposed of or which ceased to be used
12    for the qualified use, within the meaning of Section
13    2032A(c)(1) of the Internal Revenue Code.
14    "Trust" includes a trust as defined in Section 2652(b)(1)
15of the Internal Revenue Code.
16(Source: P.A. 96-789, eff. 9-8-09; 96-1496, eff. 1-13-11;
1797-636, eff. 6-1-12.)