101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4542

 

Introduced 2/5/2020, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/901

    Amends the Illinois Income Tax Act. Provides that, beginning on July 1, 2020, the Treasurer shall transfer each month from the General Revenue Fund to the Local Government Distributive Fund an amount equal to 10% of the net revenue realized from the income tax imposed upon individuals, trusts, estates, and corporations during the preceding month. Effective immediately.


LRB101 17829 HLH 67263 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4542LRB101 17829 HLH 67263 b

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 Income Tax Act is amended by
5changing Section 901 as follows:
 
6    (35 ILCS 5/901)
7    (Text of Section before amendment by P.A. 101-8)
8    Sec. 901. Collection authority.
9    (a) In general. The Department shall collect the taxes
10imposed by this Act. The Department shall collect certified
11past due child support amounts under Section 2505-650 of the
12Department of Revenue Law of the Civil Administrative Code of
13Illinois. Except as provided in subsections (b), (c), (e), (f),
14(g), and (h) of this Section, money collected pursuant to
15subsections (a) and (b) of Section 201 of this Act shall be
16paid into the General Revenue Fund in the State treasury; money
17collected pursuant to subsections (c) and (d) of Section 201 of
18this Act shall be paid into the Personal Property Tax
19Replacement Fund, a special fund in the State Treasury; and
20money collected under Section 2505-650 of the Department of
21Revenue Law of the Civil Administrative Code of Illinois shall
22be paid into the Child Support Enforcement Trust Fund, a
23special fund outside the State Treasury, or to the State

 

 

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1Disbursement Unit established under Section 10-26 of the
2Illinois Public Aid Code, as directed by the Department of
3Healthcare and Family Services.
4    (b) Local Government Distributive Fund. Beginning August
51, 2017 and until July 1, 2020, the Treasurer shall transfer
6each month from the General Revenue Fund to the Local
7Government Distributive Fund an amount equal to the sum of (i)
86.06% (10% of the ratio of the 3% individual income tax rate
9prior to 2011 to the 4.95% individual income tax rate after
10July 1, 2017) of the net revenue realized from the tax imposed
11by subsections (a) and (b) of Section 201 of this Act upon
12individuals, trusts, and estates during the preceding month and
13(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
14rate prior to 2011 to the 7% corporate income tax rate after
15July 1, 2017) of the net revenue realized from the tax imposed
16by subsections (a) and (b) of Section 201 of this Act upon
17corporations during the preceding month. Beginning on July 1,
182020, the Treasurer shall transfer each month from the General
19Revenue Fund to the Local Government Distributive Fund an
20amount equal to 10% of the net revenue realized from the tax
21imposed by subsections (a) and (b) of Section 201 of this Act
22upon individuals, trusts, estates, and corporations during the
23preceding month. Net revenue realized for a month shall be
24defined as the revenue from the tax imposed by subsections (a)
25and (b) of Section 201 of this Act which is deposited in the
26General Revenue Fund, the Education Assistance Fund, the Income

 

 

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1Tax Surcharge Local Government Distributive Fund, the Fund for
2the Advancement of Education, and the Commitment to Human
3Services Fund during the month minus the amount paid out of the
4General Revenue Fund in State warrants during that same month
5as refunds to taxpayers for overpayment of liability under the
6tax imposed by subsections (a) and (b) of Section 201 of this
7Act.
8    Notwithstanding any provision of law to the contrary,
9beginning on July 6, 2017 (the effective date of Public Act
10100-23), those amounts required under this subsection (b) to be
11transferred by the Treasurer into the Local Government
12Distributive Fund from the General Revenue Fund shall be
13directly deposited into the Local Government Distributive Fund
14as the revenue is realized from the tax imposed by subsections
15(a) and (b) of Section 201 of this Act.
16    For State fiscal year 2020 only, notwithstanding any
17provision of law to the contrary, the total amount of revenue
18and deposits under this Section attributable to revenues
19realized during State fiscal year 2020 shall be reduced by 5%.
20    (c) Deposits Into Income Tax Refund Fund.
21        (1) Beginning on January 1, 1989 and thereafter, the
22    Department shall deposit a percentage of the amounts
23    collected pursuant to subsections (a) and (b)(1), (2), and
24    (3) of Section 201 of this Act into a fund in the State
25    treasury known as the Income Tax Refund Fund. Beginning
26    with State fiscal year 1990 and for each fiscal year

 

 

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1    thereafter, the percentage deposited into the Income Tax
2    Refund Fund during a fiscal year shall be the Annual
3    Percentage. For fiscal year 2011, the Annual Percentage
4    shall be 8.75%. For fiscal year 2012, the Annual Percentage
5    shall be 8.75%. For fiscal year 2013, the Annual Percentage
6    shall be 9.75%. For fiscal year 2014, the Annual Percentage
7    shall be 9.5%. For fiscal year 2015, the Annual Percentage
8    shall be 10%. For fiscal year 2018, the Annual Percentage
9    shall be 9.8%. For fiscal year 2019, the Annual Percentage
10    shall be 9.7%. For fiscal year 2020, the Annual Percentage
11    shall be 9.5%. For all other fiscal years, the Annual
12    Percentage shall be calculated as a fraction, the numerator
13    of which shall be the amount of refunds approved for
14    payment by the Department during the preceding fiscal year
15    as a result of overpayment of tax liability under
16    subsections (a) and (b)(1), (2), and (3) of Section 201 of
17    this Act plus the amount of such refunds remaining approved
18    but unpaid at the end of the preceding fiscal year, minus
19    the amounts transferred into the Income Tax Refund Fund
20    from the Tobacco Settlement Recovery Fund, and the
21    denominator of which shall be the amounts which will be
22    collected pursuant to subsections (a) and (b)(1), (2), and
23    (3) of Section 201 of this Act during the preceding fiscal
24    year; except that in State fiscal year 2002, the Annual
25    Percentage shall in no event exceed 7.6%. The Director of
26    Revenue shall certify the Annual Percentage to the

 

 

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1    Comptroller on the last business day of the fiscal year
2    immediately preceding the fiscal year for which it is to be
3    effective.
4        (2) Beginning on January 1, 1989 and thereafter, the
5    Department shall deposit a percentage of the amounts
6    collected pursuant to subsections (a) and (b)(6), (7), and
7    (8), (c) and (d) of Section 201 of this Act into a fund in
8    the State treasury known as the Income Tax Refund Fund.
9    Beginning with State fiscal year 1990 and for each fiscal
10    year thereafter, the percentage deposited into the Income
11    Tax Refund Fund during a fiscal year shall be the Annual
12    Percentage. For fiscal year 2011, the Annual Percentage
13    shall be 17.5%. For fiscal year 2012, the Annual Percentage
14    shall be 17.5%. For fiscal year 2013, the Annual Percentage
15    shall be 14%. For fiscal year 2014, the Annual Percentage
16    shall be 13.4%. For fiscal year 2015, the Annual Percentage
17    shall be 14%. For fiscal year 2018, the Annual Percentage
18    shall be 17.5%. For fiscal year 2019, the Annual Percentage
19    shall be 15.5%. For fiscal year 2020, the Annual Percentage
20    shall be 14.25%. For all other fiscal years, the Annual
21    Percentage shall be calculated as a fraction, the numerator
22    of which shall be the amount of refunds approved for
23    payment by the Department during the preceding fiscal year
24    as a result of overpayment of tax liability under
25    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
26    Section 201 of this Act plus the amount of such refunds

 

 

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1    remaining approved but unpaid at the end of the preceding
2    fiscal year, and the denominator of which shall be the
3    amounts which will be collected pursuant to subsections (a)
4    and (b)(6), (7), and (8), (c) and (d) of Section 201 of
5    this Act during the preceding fiscal year; except that in
6    State fiscal year 2002, the Annual Percentage shall in no
7    event exceed 23%. The Director of Revenue shall certify the
8    Annual Percentage to the Comptroller on the last business
9    day of the fiscal year immediately preceding the fiscal
10    year for which it is to be effective.
11        (3) The Comptroller shall order transferred and the
12    Treasurer shall transfer from the Tobacco Settlement
13    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
14    in January, 2001, (ii) $35,000,000 in January, 2002, and
15    (iii) $35,000,000 in January, 2003.
16    (d) Expenditures from Income Tax Refund Fund.
17        (1) Beginning January 1, 1989, money in the Income Tax
18    Refund Fund shall be expended exclusively for the purpose
19    of paying refunds resulting from overpayment of tax
20    liability under Section 201 of this Act and for making
21    transfers pursuant to this subsection (d).
22        (2) The Director shall order payment of refunds
23    resulting from overpayment of tax liability under Section
24    201 of this Act from the Income Tax Refund Fund only to the
25    extent that amounts collected pursuant to Section 201 of
26    this Act and transfers pursuant to this subsection (d) and

 

 

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1    item (3) of subsection (c) have been deposited and retained
2    in the Fund.
3        (3) As soon as possible after the end of each fiscal
4    year, the Director shall order transferred and the State
5    Treasurer and State Comptroller shall transfer from the
6    Income Tax Refund Fund to the Personal Property Tax
7    Replacement Fund an amount, certified by the Director to
8    the Comptroller, equal to the excess of the amount
9    collected pursuant to subsections (c) and (d) of Section
10    201 of this Act deposited into the Income Tax Refund Fund
11    during the fiscal year over the amount of refunds resulting
12    from overpayment of tax liability under subsections (c) and
13    (d) of Section 201 of this Act paid from the Income Tax
14    Refund Fund during the fiscal year.
15        (4) As soon as possible after the end of each fiscal
16    year, the Director shall order transferred and the State
17    Treasurer and State Comptroller shall transfer from the
18    Personal Property Tax Replacement Fund to the Income Tax
19    Refund Fund an amount, certified by the Director to the
20    Comptroller, equal to the excess of the amount of refunds
21    resulting from overpayment of tax liability under
22    subsections (c) and (d) of Section 201 of this Act paid
23    from the Income Tax Refund Fund during the fiscal year over
24    the amount collected pursuant to subsections (c) and (d) of
25    Section 201 of this Act deposited into the Income Tax
26    Refund Fund during the fiscal year.

 

 

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1        (4.5) As soon as possible after the end of fiscal year
2    1999 and of each fiscal year thereafter, the Director shall
3    order transferred and the State Treasurer and State
4    Comptroller shall transfer from the Income Tax Refund Fund
5    to the General Revenue Fund any surplus remaining in the
6    Income Tax Refund Fund as of the end of such fiscal year;
7    excluding for fiscal years 2000, 2001, and 2002 amounts
8    attributable to transfers under item (3) of subsection (c)
9    less refunds resulting from the earned income tax credit.
10        (5) This Act shall constitute an irrevocable and
11    continuing appropriation from the Income Tax Refund Fund
12    for the purpose of paying refunds upon the order of the
13    Director in accordance with the provisions of this Section.
14    (e) Deposits into the Education Assistance Fund and the
15Income Tax Surcharge Local Government Distributive Fund. On
16July 1, 1991, and thereafter, of the amounts collected pursuant
17to subsections (a) and (b) of Section 201 of this Act, minus
18deposits into the Income Tax Refund Fund, the Department shall
19deposit 7.3% into the Education Assistance Fund in the State
20Treasury. Beginning July 1, 1991, and continuing through
21January 31, 1993, of the amounts collected pursuant to
22subsections (a) and (b) of Section 201 of the Illinois Income
23Tax Act, minus deposits into the Income Tax Refund Fund, the
24Department shall deposit 3.0% into the Income Tax Surcharge
25Local Government Distributive Fund in the State Treasury.
26Beginning February 1, 1993 and continuing through June 30,

 

 

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11993, of the amounts collected pursuant to subsections (a) and
2(b) of Section 201 of the Illinois Income Tax Act, minus
3deposits into the Income Tax Refund Fund, the Department shall
4deposit 4.4% into the Income Tax Surcharge Local Government
5Distributive Fund in the State Treasury. Beginning July 1,
61993, and continuing through June 30, 1994, of the amounts
7collected under subsections (a) and (b) of Section 201 of this
8Act, minus deposits into the Income Tax Refund Fund, the
9Department shall deposit 1.475% into the Income Tax Surcharge
10Local Government Distributive Fund in the State Treasury.
11    (f) Deposits into the Fund for the Advancement of
12Education. Beginning February 1, 2015, the Department shall
13deposit the following portions of the revenue realized from the
14tax imposed upon individuals, trusts, and estates by
15subsections (a) and (b) of Section 201 of this Act, minus
16deposits into the Income Tax Refund Fund, into the Fund for the
17Advancement of Education:
18        (1) beginning February 1, 2015, and prior to February
19    1, 2025, 1/30; and
20        (2) beginning February 1, 2025, 1/26.
21    If the rate of tax imposed by subsection (a) and (b) of
22Section 201 is reduced pursuant to Section 201.5 of this Act,
23the Department shall not make the deposits required by this
24subsection (f) on or after the effective date of the reduction.
25    (g) Deposits into the Commitment to Human Services Fund.
26Beginning February 1, 2015, the Department shall deposit the

 

 

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1following portions of the revenue realized from the tax imposed
2upon individuals, trusts, and estates by subsections (a) and
3(b) of Section 201 of this Act, minus deposits into the Income
4Tax Refund Fund, into the Commitment to Human Services Fund:
5        (1) beginning February 1, 2015, and prior to February
6    1, 2025, 1/30; and
7        (2) beginning February 1, 2025, 1/26.
8    If the rate of tax imposed by subsection (a) and (b) of
9Section 201 is reduced pursuant to Section 201.5 of this Act,
10the Department shall not make the deposits required by this
11subsection (g) on or after the effective date of the reduction.
12    (h) Deposits into the Tax Compliance and Administration
13Fund. Beginning on the first day of the first calendar month to
14occur on or after August 26, 2014 (the effective date of Public
15Act 98-1098), each month the Department shall pay into the Tax
16Compliance and Administration Fund, to be used, subject to
17appropriation, to fund additional auditors and compliance
18personnel at the Department, an amount equal to 1/12 of 5% of
19the cash receipts collected during the preceding fiscal year by
20the Audit Bureau of the Department from the tax imposed by
21subsections (a), (b), (c), and (d) of Section 201 of this Act,
22net of deposits into the Income Tax Refund Fund made from those
23cash receipts.
24(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
25100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
268-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,

 

 

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1eff. 7-12-19.)
 
2    (Text of Section after amendment by P.A. 101-8)
3    Sec. 901. Collection authority.
4    (a) In general. The Department shall collect the taxes
5imposed by this Act. The Department shall collect certified
6past due child support amounts under Section 2505-650 of the
7Department of Revenue Law of the Civil Administrative Code of
8Illinois. Except as provided in subsections (b), (c), (e), (f),
9(g), and (h) of this Section, money collected pursuant to
10subsections (a) and (b) of Section 201 of this Act shall be
11paid into the General Revenue Fund in the State treasury; money
12collected pursuant to subsections (c) and (d) of Section 201 of
13this Act shall be paid into the Personal Property Tax
14Replacement Fund, a special fund in the State Treasury; and
15money collected under Section 2505-650 of the Department of
16Revenue Law of the Civil Administrative Code of Illinois shall
17be paid into the Child Support Enforcement Trust Fund, a
18special fund outside the State Treasury, or to the State
19Disbursement Unit established under Section 10-26 of the
20Illinois Public Aid Code, as directed by the Department of
21Healthcare and Family Services.
22    (b) Local Government Distributive Fund. Beginning August
231, 2017 and continuing through July 1, 2020 January 31, 2021,
24the Treasurer shall transfer each month from the General
25Revenue Fund to the Local Government Distributive Fund an

 

 

HB4542- 12 -LRB101 17829 HLH 67263 b

1amount equal to the sum of (i) 6.06% (10% of the ratio of the 3%
2individual income tax rate prior to 2011 to the 4.95%
3individual income tax rate after July 1, 2017) of the net
4revenue realized from the tax imposed by subsections (a) and
5(b) of Section 201 of this Act upon individuals, trusts, and
6estates during the preceding month and (ii) 6.85% (10% of the
7ratio of the 4.8% corporate income tax rate prior to 2011 to
8the 7% corporate income tax rate after July 1, 2017) of the net
9revenue realized from the tax imposed by subsections (a) and
10(b) of Section 201 of this Act upon corporations during the
11preceding month. Beginning on July 1, 2020, the Treasurer shall
12transfer each month from the General Revenue Fund to the Local
13Government Distributive Fund an amount equal to 10% of the net
14revenue realized from the tax imposed by subsections (a) and
15(b) of Section 201 of this Act upon individuals, trusts,
16estates, and corporations during the preceding month.
17Beginning February 1, 2021, the Treasurer shall transfer each
18month from the General Revenue Fund to the Local Government
19Distributive Fund an amount equal to the sum of (i) 5.32% of
20the net revenue realized from the tax imposed by subsections
21(a) and (b) of Section 201 of this Act upon individuals,
22trusts, and estates during the preceding month and (ii) 6.16%
23of the net revenue realized from the tax imposed by subsections
24(a) and (b) of Section 201 of this Act upon corporations during
25the preceding month. Net revenue realized for a month shall be
26defined as the revenue from the tax imposed by subsections (a)

 

 

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1and (b) of Section 201 of this Act which is deposited in the
2General Revenue Fund, the Education Assistance Fund, the Income
3Tax Surcharge Local Government Distributive Fund, the Fund for
4the Advancement of Education, and the Commitment to Human
5Services Fund during the month minus the amount paid out of the
6General Revenue Fund in State warrants during that same month
7as refunds to taxpayers for overpayment of liability under the
8tax imposed by subsections (a) and (b) of Section 201 of this
9Act.
10    Notwithstanding any provision of law to the contrary,
11beginning on July 6, 2017 (the effective date of Public Act
12100-23), those amounts required under this subsection (b) to be
13transferred by the Treasurer into the Local Government
14Distributive Fund from the General Revenue Fund shall be
15directly deposited into the Local Government Distributive Fund
16as the revenue is realized from the tax imposed by subsections
17(a) and (b) of Section 201 of this Act.
18    For State fiscal year 2020 only, notwithstanding any
19provision of law to the contrary, the total amount of revenue
20and deposits under this Section attributable to revenues
21realized during State fiscal year 2020 shall be reduced by 5%.
22    (c) Deposits Into Income Tax Refund Fund.
23        (1) Beginning on January 1, 1989 and thereafter, the
24    Department shall deposit a percentage of the amounts
25    collected pursuant to subsections (a) and (b)(1), (2), and
26    (3) of Section 201 of this Act into a fund in the State

 

 

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1    treasury known as the Income Tax Refund Fund. Beginning
2    with State fiscal year 1990 and for each fiscal year
3    thereafter, the percentage deposited into the Income Tax
4    Refund Fund during a fiscal year shall be the Annual
5    Percentage. For fiscal year 2011, the Annual Percentage
6    shall be 8.75%. For fiscal year 2012, the Annual Percentage
7    shall be 8.75%. For fiscal year 2013, the Annual Percentage
8    shall be 9.75%. For fiscal year 2014, the Annual Percentage
9    shall be 9.5%. For fiscal year 2015, the Annual Percentage
10    shall be 10%. For fiscal year 2018, the Annual Percentage
11    shall be 9.8%. For fiscal year 2019, the Annual Percentage
12    shall be 9.7%. For fiscal year 2020, the Annual Percentage
13    shall be 9.5%. For all other fiscal years, the Annual
14    Percentage shall be calculated as a fraction, the numerator
15    of which shall be the amount of refunds approved for
16    payment by the Department during the preceding fiscal year
17    as a result of overpayment of tax liability under
18    subsections (a) and (b)(1), (2), and (3) of Section 201 of
19    this Act plus the amount of such refunds remaining approved
20    but unpaid at the end of the preceding fiscal year, minus
21    the amounts transferred into the Income Tax Refund Fund
22    from the Tobacco Settlement Recovery Fund, and the
23    denominator of which shall be the amounts which will be
24    collected pursuant to subsections (a) and (b)(1), (2), and
25    (3) of Section 201 of this Act during the preceding fiscal
26    year; except that in State fiscal year 2002, the Annual

 

 

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1    Percentage shall in no event exceed 7.6%. The Director of
2    Revenue shall certify the Annual Percentage to the
3    Comptroller on the last business day of the fiscal year
4    immediately preceding the fiscal year for which it is to be
5    effective.
6        (2) Beginning on January 1, 1989 and thereafter, the
7    Department shall deposit a percentage of the amounts
8    collected pursuant to subsections (a) and (b)(6), (7), and
9    (8), (c) and (d) of Section 201 of this Act into a fund in
10    the State treasury known as the Income Tax Refund Fund.
11    Beginning with State fiscal year 1990 and for each fiscal
12    year thereafter, the percentage deposited into the Income
13    Tax Refund Fund during a fiscal year shall be the Annual
14    Percentage. For fiscal year 2011, the Annual Percentage
15    shall be 17.5%. For fiscal year 2012, the Annual Percentage
16    shall be 17.5%. For fiscal year 2013, the Annual Percentage
17    shall be 14%. For fiscal year 2014, the Annual Percentage
18    shall be 13.4%. For fiscal year 2015, the Annual Percentage
19    shall be 14%. For fiscal year 2018, the Annual Percentage
20    shall be 17.5%. For fiscal year 2019, the Annual Percentage
21    shall be 15.5%. For fiscal year 2020, the Annual Percentage
22    shall be 14.25%. For all other fiscal years, the Annual
23    Percentage shall be calculated as a fraction, the numerator
24    of which shall be the amount of refunds approved for
25    payment by the Department during the preceding fiscal year
26    as a result of overpayment of tax liability under

 

 

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1    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
2    Section 201 of this Act plus the amount of such refunds
3    remaining approved but unpaid at the end of the preceding
4    fiscal year, and the denominator of which shall be the
5    amounts which will be collected pursuant to subsections (a)
6    and (b)(6), (7), and (8), (c) and (d) of Section 201 of
7    this Act during the preceding fiscal year; except that in
8    State fiscal year 2002, the Annual Percentage shall in no
9    event exceed 23%. The Director of Revenue shall certify the
10    Annual Percentage to the Comptroller on the last business
11    day of the fiscal year immediately preceding the fiscal
12    year for which it is to be effective.
13        (3) The Comptroller shall order transferred and the
14    Treasurer shall transfer from the Tobacco Settlement
15    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
16    in January, 2001, (ii) $35,000,000 in January, 2002, and
17    (iii) $35,000,000 in January, 2003.
18    (d) Expenditures from Income Tax Refund Fund.
19        (1) Beginning January 1, 1989, money in the Income Tax
20    Refund Fund shall be expended exclusively for the purpose
21    of paying refunds resulting from overpayment of tax
22    liability under Section 201 of this Act and for making
23    transfers pursuant to this subsection (d).
24        (2) The Director shall order payment of refunds
25    resulting from overpayment of tax liability under Section
26    201 of this Act from the Income Tax Refund Fund only to the

 

 

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1    extent that amounts collected pursuant to Section 201 of
2    this Act and transfers pursuant to this subsection (d) and
3    item (3) of subsection (c) have been deposited and retained
4    in the Fund.
5        (3) As soon as possible after the end of each fiscal
6    year, the Director shall order transferred and the State
7    Treasurer and State Comptroller shall transfer from the
8    Income Tax Refund Fund to the Personal Property Tax
9    Replacement Fund an amount, certified by the Director to
10    the Comptroller, equal to the excess of the amount
11    collected pursuant to subsections (c) and (d) of Section
12    201 of this Act deposited into the Income Tax Refund Fund
13    during the fiscal year over the amount of refunds resulting
14    from overpayment of tax liability under subsections (c) and
15    (d) of Section 201 of this Act paid from the Income Tax
16    Refund Fund during the fiscal year.
17        (4) As soon as possible after the end of each fiscal
18    year, the Director shall order transferred and the State
19    Treasurer and State Comptroller shall transfer from the
20    Personal Property Tax Replacement Fund to the Income Tax
21    Refund Fund an amount, certified by the Director to the
22    Comptroller, equal to the excess of the amount of refunds
23    resulting from overpayment of tax liability under
24    subsections (c) and (d) of Section 201 of this Act paid
25    from the Income Tax Refund Fund during the fiscal year over
26    the amount collected pursuant to subsections (c) and (d) of

 

 

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1    Section 201 of this Act deposited into the Income Tax
2    Refund Fund during the fiscal year.
3        (4.5) As soon as possible after the end of fiscal year
4    1999 and of each fiscal year thereafter, the Director shall
5    order transferred and the State Treasurer and State
6    Comptroller shall transfer from the Income Tax Refund Fund
7    to the General Revenue Fund any surplus remaining in the
8    Income Tax Refund Fund as of the end of such fiscal year;
9    excluding for fiscal years 2000, 2001, and 2002 amounts
10    attributable to transfers under item (3) of subsection (c)
11    less refunds resulting from the earned income tax credit.
12        (5) This Act shall constitute an irrevocable and
13    continuing appropriation from the Income Tax Refund Fund
14    for the purpose of paying refunds upon the order of the
15    Director in accordance with the provisions of this Section.
16    (e) Deposits into the Education Assistance Fund and the
17Income Tax Surcharge Local Government Distributive Fund. On
18July 1, 1991, and thereafter, of the amounts collected pursuant
19to subsections (a) and (b) of Section 201 of this Act, minus
20deposits into the Income Tax Refund Fund, the Department shall
21deposit 7.3% into the Education Assistance Fund in the State
22Treasury. Beginning July 1, 1991, and continuing through
23January 31, 1993, of the amounts collected pursuant to
24subsections (a) and (b) of Section 201 of the Illinois Income
25Tax Act, minus deposits into the Income Tax Refund Fund, the
26Department shall deposit 3.0% into the Income Tax Surcharge

 

 

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1Local Government Distributive Fund in the State Treasury.
2Beginning February 1, 1993 and continuing through June 30,
31993, of the amounts collected pursuant to subsections (a) and
4(b) of Section 201 of the Illinois Income Tax Act, minus
5deposits into the Income Tax Refund Fund, the Department shall
6deposit 4.4% into the Income Tax Surcharge Local Government
7Distributive Fund in the State Treasury. Beginning July 1,
81993, and continuing through June 30, 1994, of the amounts
9collected under subsections (a) and (b) of Section 201 of this
10Act, minus deposits into the Income Tax Refund Fund, the
11Department shall deposit 1.475% into the Income Tax Surcharge
12Local Government Distributive Fund in the State Treasury.
13    (f) Deposits into the Fund for the Advancement of
14Education. Beginning February 1, 2015, the Department shall
15deposit the following portions of the revenue realized from the
16tax imposed upon individuals, trusts, and estates by
17subsections (a) and (b) of Section 201 of this Act, minus
18deposits into the Income Tax Refund Fund, into the Fund for the
19Advancement of Education:
20        (1) beginning February 1, 2015, and prior to February
21    1, 2025, 1/30; and
22        (2) beginning February 1, 2025, 1/26.
23    If the rate of tax imposed by subsection (a) and (b) of
24Section 201 is reduced pursuant to Section 201.5 of this Act,
25the Department shall not make the deposits required by this
26subsection (f) on or after the effective date of the reduction.

 

 

HB4542- 20 -LRB101 17829 HLH 67263 b

1    (g) Deposits into the Commitment to Human Services Fund.
2Beginning February 1, 2015, the Department shall deposit the
3following portions of the revenue realized from the tax imposed
4upon individuals, trusts, and estates by subsections (a) and
5(b) of Section 201 of this Act, minus deposits into the Income
6Tax Refund Fund, into the Commitment to Human Services Fund:
7        (1) beginning February 1, 2015, and prior to February
8    1, 2025, 1/30; and
9        (2) beginning February 1, 2025, 1/26.
10    If the rate of tax imposed by subsection (a) and (b) of
11Section 201 is reduced pursuant to Section 201.5 of this Act,
12the Department shall not make the deposits required by this
13subsection (g) on or after the effective date of the reduction.
14    (h) Deposits into the Tax Compliance and Administration
15Fund. Beginning on the first day of the first calendar month to
16occur on or after August 26, 2014 (the effective date of Public
17Act 98-1098), each month the Department shall pay into the Tax
18Compliance and Administration Fund, to be used, subject to
19appropriation, to fund additional auditors and compliance
20personnel at the Department, an amount equal to 1/12 of 5% of
21the cash receipts collected during the preceding fiscal year by
22the Audit Bureau of the Department from the tax imposed by
23subsections (a), (b), (c), and (d) of Section 201 of this Act,
24net of deposits into the Income Tax Refund Fund made from those
25cash receipts.
26(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;

 

 

HB4542- 21 -LRB101 17829 HLH 67263 b

1100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
28-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for
3effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
4revised 10-1-19.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.