102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0315

 

Introduced 1/29/2021, by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/901

    Amends the Illinois Income Tax Act. Provides that, from February 1, 2022 through January 31, 2023, the amount transferred from the General Revenue Fund to the Local Government Distributive Fund shall be: (i) 8.5% of the net revenue realized from the tax imposed on individuals, trusts, and estates, and (ii) 9.355% of the net revenue realized from the tax imposed on corporations. Provides that, from February 1, 2023 through January 31, 2024, the amount transferred from the General Revenue Fund to the Local Government Distributive Fund shall be: (i) 9% of the net revenue realized from the tax imposed on individuals, trusts, and estates, and (ii) 9.57% of the net revenue realized from the tax imposed on corporations. Provides that, from February 1, 2024 through January 31, 2025, the amount transferred from the General Revenue Fund to the Local Government Distributive Fund shall be: (i) 9.5% of the net revenue realized from the tax imposed on individuals, trusts, and estates, and (ii) 9.785% of the net revenue realized from the tax imposed on corporations. Provides that, beginning on February 1, 2025, 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 tax imposed on individuals, trusts, estates, and corporations during the preceding month. Effective immediately.


LRB102 03587 HLH 13600 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0315LRB102 03587 HLH 13600 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 without the changes made by P.A. 101-8,
8which did not take effect (see Section 99 of P.A. 101-8))
9    Sec. 901. Collection authority.
10    (a) In general. The Department shall collect the taxes
11imposed by this Act. The Department shall collect certified
12past due child support amounts under Section 2505-650 of the
13Department of Revenue Law of the Civil Administrative Code of
14Illinois. Except as provided in subsections (b), (c), (e),
15(f), (g), and (h) of this Section, money collected pursuant to
16subsections (a) and (b) of Section 201 of this Act shall be
17paid into the General Revenue Fund in the State treasury;
18money collected pursuant to subsections (c) and (d) of Section
19201 of this Act shall be paid into the Personal Property Tax
20Replacement Fund, a special fund in the State Treasury; and
21money collected under Section 2505-650 of the Department of
22Revenue Law of the Civil Administrative Code of Illinois shall
23be paid into the Child Support Enforcement Trust Fund, a

 

 

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1special fund outside the State Treasury, or to the State
2Disbursement Unit established under Section 10-26 of the
3Illinois Public Aid Code, as directed by the Department of
4Healthcare and Family Services.
5    (b) Local Government Distributive Fund. Beginning August
61, 2017 and continuing through January 31, 2022, the Treasurer
7shall transfer each month from the General Revenue Fund to the
8Local Government Distributive Fund an amount equal to the sum
9of (i) 6.06% (10% of the ratio of the 3% individual income tax
10rate prior to 2011 to the 4.95% individual income tax rate
11after July 1, 2017) of the net revenue realized from the tax
12imposed by subsections (a) and (b) of Section 201 of this Act
13upon individuals, trusts, and estates during the preceding
14month and (ii) 6.85% (10% of the ratio of the 4.8% corporate
15income tax rate prior to 2011 to the 7% corporate income tax
16rate after July 1, 2017) of the net revenue realized from the
17tax imposed by subsections (a) and (b) of Section 201 of this
18Act upon corporations during the preceding month. Beginning
19February 1, 2022 and continuing through January 31, 2023, the
20Treasurer shall transfer each month from the General Revenue
21Fund to the Local Government Distributive Fund an amount equal
22to the sum of (i) 8.5% of the net revenue realized from the tax
23imposed by subsections (a) and (b) of Section 201 of this Act
24upon individuals, trusts, and estates during the preceding
25month and (ii) 9.355% of the net revenue realized from the tax
26imposed by subsections (a) and (b) of Section 201 of this Act

 

 

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1upon corporations during the preceding month. Beginning
2February 1, 2023 and continuing through January 31, 2024, the
3Treasurer shall transfer each month from the General Revenue
4Fund to the Local Government Distributive Fund an amount equal
5to the sum of (i) 9% of the net revenue realized from the tax
6imposed by subsections (a) and (b) of Section 201 of this Act
7upon individuals, trusts, and estates during the preceding
8month and (ii) 9.57% of the net revenue realized from the tax
9imposed by subsections (a) and (b) of Section 201 of this Act
10upon corporations during the preceding month. Beginning
11February 1, 2024 and continuing through January 31, 2025, the
12Treasurer shall transfer each month from the General Revenue
13Fund to the Local Government Distributive Fund an amount equal
14to the sum of (i) 9.5% of the net revenue realized from the tax
15imposed by subsections (a) and (b) of Section 201 of this Act
16upon individuals, trusts, and estates during the preceding
17month and (ii) 9.785% of the net revenue realized from the tax
18imposed by subsections (a) and (b) of Section 201 of this Act
19upon corporations during the preceding month. Beginning on
20February 1, 2025, the Treasurer shall transfer each month from
21the General Revenue Fund to the Local Government Distributive
22Fund an amount equal to 10% of the net revenue realized from
23the tax imposed on individuals, trusts, estates, and
24corporations by subsections (a) and (b) of Section 201 of the
25Illinois Income Tax Act during the preceding month. Net
26revenue realized for a month shall be defined as the revenue

 

 

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1from the tax imposed by subsections (a) and (b) of Section 201
2of this Act which is deposited in the General Revenue Fund, the
3Education Assistance Fund, the Income Tax Surcharge Local
4Government Distributive Fund, the Fund for the Advancement of
5Education, and the Commitment to Human Services Fund during
6the month minus the amount paid out of the General Revenue Fund
7in State warrants during that same month as refunds to
8taxpayers for overpayment of liability under the tax imposed
9by subsections (a) and (b) of Section 201 of this Act.
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
13be transferred 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
7    Percentage shall be 8.75%. For fiscal year 2013, the
8    Annual Percentage shall be 9.75%. For fiscal year 2014,
9    the Annual Percentage shall be 9.5%. For fiscal year 2015,
10    the Annual Percentage shall be 10%. For fiscal year 2018,
11    the Annual Percentage shall be 9.8%. For fiscal year 2019,
12    the Annual Percentage shall be 9.7%. For fiscal year 2020,
13    the Annual Percentage shall be 9.5%. For fiscal year 2021,
14    the Annual Percentage shall be 9%. For all other fiscal
15    years, the Annual Percentage shall be calculated as a
16    fraction, the numerator of which shall be the amount of
17    refunds approved for payment by the Department during the
18    preceding fiscal year as a result of overpayment of tax
19    liability under subsections (a) and (b)(1), (2), and (3)
20    of Section 201 of this Act plus the amount of such refunds
21    remaining approved but unpaid at the end of the preceding
22    fiscal year, minus the amounts transferred into the Income
23    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
24    and the denominator of which shall be the amounts which
25    will be collected pursuant to subsections (a) and (b)(1),
26    (2), and (3) of Section 201 of this Act during the

 

 

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1    preceding fiscal year; except that in State fiscal year
2    2002, the Annual Percentage shall in no event exceed 7.6%.
3    The Director of Revenue shall certify the Annual
4    Percentage to the Comptroller on the last business day of
5    the fiscal year immediately preceding the fiscal year for
6    which it is to be effective.
7        (2) Beginning on January 1, 1989 and thereafter, the
8    Department shall deposit a percentage of the amounts
9    collected pursuant to subsections (a) and (b)(6), (7), and
10    (8), (c) and (d) of Section 201 of this Act into a fund in
11    the State treasury known as the Income Tax Refund Fund.
12    Beginning with State fiscal year 1990 and for each fiscal
13    year thereafter, the percentage deposited into the Income
14    Tax Refund Fund during a fiscal year shall be the Annual
15    Percentage. For fiscal year 2011, the Annual Percentage
16    shall be 17.5%. For fiscal year 2012, the Annual
17    Percentage shall be 17.5%. For fiscal year 2013, the
18    Annual Percentage shall be 14%. For fiscal year 2014, the
19    Annual Percentage shall be 13.4%. For fiscal year 2015,
20    the Annual Percentage shall be 14%. For fiscal year 2018,
21    the Annual Percentage shall be 17.5%. For fiscal year
22    2019, the Annual Percentage shall be 15.5%. For fiscal
23    year 2020, the Annual Percentage shall be 14.25%. For
24    fiscal year 2021, the Annual Percentage shall be 14%. For
25    all other fiscal years, the Annual Percentage shall be
26    calculated as a fraction, the numerator of which shall be

 

 

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

 

 

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

 

 

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

 

 

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1January 31, 1993, of the amounts collected pursuant to
2subsections (a) and (b) of Section 201 of the Illinois Income
3Tax Act, minus deposits into the Income Tax Refund Fund, the
4Department shall deposit 3.0% into the Income Tax Surcharge
5Local Government Distributive Fund in the State Treasury.
6Beginning February 1, 1993 and continuing through June 30,
71993, of the amounts collected pursuant to subsections (a) and
8(b) of Section 201 of the Illinois Income Tax Act, minus
9deposits into the Income Tax Refund Fund, the Department shall
10deposit 4.4% into the Income Tax Surcharge Local Government
11Distributive Fund in the State Treasury. Beginning July 1,
121993, and continuing through June 30, 1994, of the amounts
13collected under subsections (a) and (b) of Section 201 of this
14Act, minus deposits into the Income Tax Refund Fund, the
15Department shall deposit 1.475% into the Income Tax Surcharge
16Local Government Distributive Fund in the State Treasury.
17    (f) Deposits into the Fund for the Advancement of
18Education. Beginning February 1, 2015, the Department shall
19deposit the following portions of the revenue realized from
20the tax imposed upon individuals, trusts, and estates by
21subsections (a) and (b) of Section 201 of this Act, minus
22deposits into the Income Tax Refund Fund, into the Fund for the
23Advancement of Education:
24        (1) beginning February 1, 2015, and prior to February
25    1, 2025, 1/30; and
26        (2) beginning February 1, 2025, 1/26.

 

 

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

 

 

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1personnel at the Department, an amount equal to 1/12 of 5% of
2the cash receipts collected during the preceding fiscal year
3by the Audit Bureau of the Department from the tax imposed by
4subsections (a), (b), (c), and (d) of Section 201 of this Act,
5net of deposits into the Income Tax Refund Fund made from those
6cash receipts.
7(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
8100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
98-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,
10eff. 7-12-19; 101-636, eff. 6-10-20.)
 
11    (Text of Section with the changes made by P.A. 101-8,
12which did not take effect (see Section 99 of P.A. 101-8))
13    Sec. 901. Collection authority.
14    (a) In general. The Department shall collect the taxes
15imposed by this Act. The Department shall collect certified
16past due child support amounts under Section 2505-650 of the
17Department of Revenue Law of the Civil Administrative Code of
18Illinois. Except as provided in subsections (b), (c), (e),
19(f), (g), and (h) of this Section, money collected pursuant to
20subsections (a) and (b) of Section 201 of this Act shall be
21paid into the General Revenue Fund in the State treasury;
22money collected pursuant to subsections (c) and (d) of Section
23201 of this Act shall be paid into the Personal Property Tax
24Replacement Fund, a special fund in the State Treasury; and
25money collected under Section 2505-650 of the Department of

 

 

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1Revenue Law of the Civil Administrative Code of Illinois shall
2be paid into the Child Support Enforcement Trust Fund, a
3special fund outside the State Treasury, or to the State
4Disbursement Unit established under Section 10-26 of the
5Illinois Public Aid Code, as directed by the Department of
6Healthcare and Family Services.
7    (b) Local Government Distributive Fund. Beginning August
81, 2017 and continuing through January 31, 2022 and continuing
9through January 31, 2021, the Treasurer shall transfer each
10month from the General Revenue Fund to the Local Government
11Distributive Fund an amount equal to the sum of (i) 6.06% (10%
12of the ratio of the 3% individual income tax rate prior to 2011
13to the 4.95% individual income tax rate after July 1, 2017) of
14the net revenue realized from the tax imposed by subsections
15(a) and (b) of Section 201 of this Act upon individuals,
16trusts, and estates during the preceding month and (ii) 6.85%
17(10% of the ratio of the 4.8% corporate income tax rate prior
18to 2011 to the 7% corporate income tax rate after July 1, 2017)
19of the net revenue realized from the tax imposed by
20subsections (a) and (b) of Section 201 of this Act upon
21corporations during the preceding month. Beginning February 1,
222022 and continuing through January 31, 2023, the Treasurer
23shall transfer each month from the General Revenue Fund to the
24Local Government Distributive Fund an amount equal to the sum
25of (i) 8.5% of the net revenue realized from the tax imposed by
26subsections (a) and (b) of Section 201 of this Act upon

 

 

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1individuals, trusts, and estates during the preceding month
2and (ii) 9.355% of the net revenue realized from the tax
3imposed by subsections (a) and (b) of Section 201 of this Act
4upon corporations during the preceding month. Beginning
5February 1, 2023 and continuing through January 31, 2024, the
6Treasurer shall transfer each month from the General Revenue
7Fund to the Local Government Distributive Fund an amount equal
8to the sum of (i) 9% of the net revenue realized from the tax
9imposed by subsections (a) and (b) of Section 201 of this Act
10upon individuals, trusts, and estates during the preceding
11month and (ii) 9.57% of the net revenue realized from the tax
12imposed by subsections (a) and (b) of Section 201 of this Act
13upon corporations during the preceding month. Beginning
14February 1, 2024 and continuing through January 31, 2025, the
15Treasurer shall transfer each month from the General Revenue
16Fund to the Local Government Distributive Fund an amount equal
17to the sum of (i) 9.5% of the net revenue realized from the tax
18imposed by subsections (a) and (b) of Section 201 of this Act
19upon individuals, trusts, and estates during the preceding
20month and (ii) 9.785% of the net revenue realized from the tax
21imposed by subsections (a) and (b) of Section 201 of this Act
22upon corporations during the preceding month. Beginning on
23February 1, 2025, the Treasurer shall transfer each month from
24the General Revenue Fund to the Local Government Distributive
25Fund an amount equal to 10% of the net revenue realized from
26the tax imposed on individuals, trusts, estates, and

 

 

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1corporations by subsections (a) and (b) of Section 201 of the
2Illinois Income Tax Act during the preceding month. Beginning
3February 1, 2021, the Treasurer shall transfer each month from
4the General Revenue Fund to the Local Government Distributive
5Fund an amount equal to the sum of (i) 5.32% of the net revenue
6realized from the tax imposed by subsections (a) and (b) of
7Section 201 of this Act upon individuals, trusts, and estates
8during the preceding month and (ii) 6.16% of the net revenue
9realized from the tax imposed by subsections (a) and (b) of
10Section 201 of this Act upon corporations during the preceding
11month. Net revenue realized for a month shall be defined as the
12revenue from the tax imposed by subsections (a) and (b) of
13Section 201 of this Act which is deposited in the General
14Revenue Fund, the Education Assistance Fund, the Income Tax
15Surcharge Local Government Distributive Fund, the Fund for the
16Advancement of Education, and the Commitment to Human Services
17Fund during the month minus the amount paid out of the General
18Revenue Fund in State warrants during that same month as
19refunds to taxpayers for overpayment of liability under the
20tax imposed by subsections (a) and (b) of Section 201 of this
21Act.
22    Notwithstanding any provision of law to the contrary,
23beginning on July 6, 2017 (the effective date of Public Act
24100-23), those amounts required under this subsection (b) to
25be transferred by the Treasurer into the Local Government
26Distributive Fund from the General Revenue Fund shall be

 

 

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1directly deposited into the Local Government Distributive Fund
2as the revenue is realized from the tax imposed by subsections
3(a) and (b) of Section 201 of this Act.
4    For State fiscal year 2020 only, notwithstanding any
5provision of law to the contrary, the total amount of revenue
6and deposits under this Section attributable to revenues
7realized during State fiscal year 2020 shall be reduced by 5%.
8    (c) Deposits Into Income Tax Refund Fund.
9        (1) Beginning on January 1, 1989 and thereafter, the
10    Department shall deposit a percentage of the amounts
11    collected pursuant to subsections (a) and (b)(1), (2), and
12    (3) of Section 201 of this Act into a fund in the State
13    treasury known as the Income Tax Refund Fund. Beginning
14    with State fiscal year 1990 and for each fiscal year
15    thereafter, the percentage deposited into the Income Tax
16    Refund Fund during a fiscal year shall be the Annual
17    Percentage. For fiscal year 2011, the Annual Percentage
18    shall be 8.75%. For fiscal year 2012, the Annual
19    Percentage shall be 8.75%. For fiscal year 2013, the
20    Annual Percentage shall be 9.75%. For fiscal year 2014,
21    the Annual Percentage shall be 9.5%. For fiscal year 2015,
22    the Annual Percentage shall be 10%. For fiscal year 2018,
23    the Annual Percentage shall be 9.8%. For fiscal year 2019,
24    the Annual Percentage shall be 9.7%. For fiscal year 2020,
25    the Annual Percentage shall be 9.5%. For fiscal year 2021,
26    the Annual Percentage shall be 9%. For all other fiscal

 

 

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1    years, the Annual Percentage shall be calculated as a
2    fraction, the numerator of which shall be the amount of
3    refunds approved for payment by the Department during the
4    preceding fiscal year as a result of overpayment of tax
5    liability under subsections (a) and (b)(1), (2), and (3)
6    of Section 201 of this Act plus the amount of such refunds
7    remaining approved but unpaid at the end of the preceding
8    fiscal year, minus the amounts transferred into the Income
9    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
10    and the denominator of which shall be the amounts which
11    will be collected pursuant to subsections (a) and (b)(1),
12    (2), and (3) of Section 201 of this Act during the
13    preceding fiscal year; except that in State fiscal year
14    2002, the Annual Percentage shall in no event exceed 7.6%.
15    The Director of Revenue shall certify the Annual
16    Percentage to the Comptroller on the last business day of
17    the fiscal year immediately preceding the fiscal year for
18    which it is to be effective.
19        (2) Beginning on January 1, 1989 and thereafter, the
20    Department shall deposit a percentage of the amounts
21    collected pursuant to subsections (a) and (b)(6), (7), and
22    (8), (c) and (d) of Section 201 of this Act into a fund in
23    the State treasury known as the Income Tax Refund Fund.
24    Beginning with State fiscal year 1990 and for each fiscal
25    year thereafter, the percentage deposited into the Income
26    Tax Refund Fund during a fiscal year shall be the Annual

 

 

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1    Percentage. For fiscal year 2011, the Annual Percentage
2    shall be 17.5%. For fiscal year 2012, the Annual
3    Percentage shall be 17.5%. For fiscal year 2013, the
4    Annual Percentage shall be 14%. For fiscal year 2014, the
5    Annual Percentage shall be 13.4%. For fiscal year 2015,
6    the Annual Percentage shall be 14%. For fiscal year 2018,
7    the Annual Percentage shall be 17.5%. For fiscal year
8    2019, the Annual Percentage shall be 15.5%. For fiscal
9    year 2020, the Annual Percentage shall be 14.25%. For
10    fiscal year 2021, the Annual Percentage shall be 14%. For
11    all other fiscal years, the Annual Percentage shall be
12    calculated as a fraction, the numerator of which shall be
13    the amount of refunds approved for payment by the
14    Department during the preceding fiscal year as a result of
15    overpayment of tax liability under subsections (a) and
16    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
17    Act plus the amount of such refunds remaining approved but
18    unpaid at the end of the preceding fiscal year, and the
19    denominator of which shall be the amounts which will be
20    collected pursuant to subsections (a) and (b)(6), (7), and
21    (8), (c) and (d) of Section 201 of this Act during the
22    preceding fiscal year; except that in State fiscal year
23    2002, the Annual Percentage shall in no event exceed 23%.
24    The Director of Revenue shall certify the Annual
25    Percentage to the Comptroller on the last business day of
26    the fiscal year immediately preceding the fiscal year for

 

 

HB0315- 19 -LRB102 03587 HLH 13600 b

1    which it is to be effective.
2        (3) The Comptroller shall order transferred and the
3    Treasurer shall transfer from the Tobacco Settlement
4    Recovery Fund to the Income Tax Refund Fund (i)
5    $35,000,000 in January, 2001, (ii) $35,000,000 in January,
6    2002, and (iii) $35,000,000 in January, 2003.
7    (d) Expenditures from Income Tax Refund Fund.
8        (1) Beginning January 1, 1989, money in the Income Tax
9    Refund Fund shall be expended exclusively for the purpose
10    of paying refunds resulting from overpayment of tax
11    liability under Section 201 of this Act and for making
12    transfers pursuant to this subsection (d).
13        (2) The Director shall order payment of refunds
14    resulting from overpayment of tax liability under Section
15    201 of this Act from the Income Tax Refund Fund only to the
16    extent that amounts collected pursuant to Section 201 of
17    this Act and transfers pursuant to this subsection (d) and
18    item (3) of subsection (c) have been deposited and
19    retained in the Fund.
20        (3) As soon as possible after the end of each fiscal
21    year, the Director shall order transferred and the State
22    Treasurer and State Comptroller shall transfer from the
23    Income Tax Refund Fund to the Personal Property Tax
24    Replacement Fund an amount, certified by the Director to
25    the Comptroller, equal to the excess of the amount
26    collected pursuant to subsections (c) and (d) of Section

 

 

HB0315- 20 -LRB102 03587 HLH 13600 b

1    201 of this Act deposited into the Income Tax Refund Fund
2    during the fiscal year over the amount of refunds
3    resulting from overpayment of tax liability under
4    subsections (c) and (d) of Section 201 of this Act paid
5    from the Income Tax Refund Fund during the fiscal year.
6        (4) As soon as possible after the end of each fiscal
7    year, the Director shall order transferred and the State
8    Treasurer and State Comptroller shall transfer from the
9    Personal Property Tax Replacement Fund to the Income Tax
10    Refund Fund an amount, certified by the Director to the
11    Comptroller, equal to the excess of the amount of refunds
12    resulting from overpayment of tax liability under
13    subsections (c) and (d) of Section 201 of this Act paid
14    from the Income Tax Refund Fund during the fiscal year
15    over the amount collected pursuant to subsections (c) and
16    (d) of Section 201 of this Act deposited into the Income
17    Tax Refund Fund during the fiscal year.
18        (4.5) As soon as possible after the end of fiscal year
19    1999 and of each fiscal year thereafter, the Director
20    shall order transferred and the State Treasurer and State
21    Comptroller shall transfer from the Income Tax Refund Fund
22    to the General Revenue Fund any surplus remaining in the
23    Income Tax Refund Fund as of the end of such fiscal year;
24    excluding for fiscal years 2000, 2001, and 2002 amounts
25    attributable to transfers under item (3) of subsection (c)
26    less refunds resulting from the earned income tax credit.

 

 

HB0315- 21 -LRB102 03587 HLH 13600 b

1        (5) This Act shall constitute an irrevocable and
2    continuing appropriation from the Income Tax Refund Fund
3    for the purpose of paying refunds upon the order of the
4    Director in accordance with the provisions of this
5    Section.
6    (e) Deposits into the Education Assistance Fund and the
7Income Tax Surcharge Local Government Distributive Fund. On
8July 1, 1991, and thereafter, of the amounts collected
9pursuant to subsections (a) and (b) of Section 201 of this Act,
10minus deposits into the Income Tax Refund Fund, the Department
11shall deposit 7.3% into the Education Assistance Fund in the
12State Treasury. Beginning July 1, 1991, and continuing through
13January 31, 1993, of the amounts collected pursuant to
14subsections (a) and (b) of Section 201 of the Illinois Income
15Tax Act, minus deposits into the Income Tax Refund Fund, the
16Department shall deposit 3.0% into the Income Tax Surcharge
17Local Government Distributive Fund in the State Treasury.
18Beginning February 1, 1993 and continuing through June 30,
191993, of the amounts collected pursuant to subsections (a) and
20(b) of Section 201 of the Illinois Income Tax Act, minus
21deposits into the Income Tax Refund Fund, the Department shall
22deposit 4.4% into the Income Tax Surcharge Local Government
23Distributive Fund in the State Treasury. Beginning July 1,
241993, and continuing through June 30, 1994, of the amounts
25collected under subsections (a) and (b) of Section 201 of this
26Act, minus deposits into the Income Tax Refund Fund, the

 

 

HB0315- 22 -LRB102 03587 HLH 13600 b

1Department shall deposit 1.475% into the Income Tax Surcharge
2Local Government Distributive Fund in the State Treasury.
3    (f) Deposits into the Fund for the Advancement of
4Education. Beginning February 1, 2015, the Department shall
5deposit the following portions of the revenue realized from
6the tax imposed upon individuals, trusts, and estates by
7subsections (a) and (b) of Section 201 of this Act, minus
8deposits into the Income Tax Refund Fund, into the Fund for the
9Advancement of Education:
10        (1) beginning February 1, 2015, and prior to February
11    1, 2025, 1/30; and
12        (2) beginning February 1, 2025, 1/26.
13    If the rate of tax imposed by subsection (a) and (b) of
14Section 201 is reduced pursuant to Section 201.5 of this Act,
15the Department shall not make the deposits required by this
16subsection (f) on or after the effective date of the
17reduction.
18    (g) Deposits into the Commitment to Human Services Fund.
19Beginning February 1, 2015, the Department shall deposit the
20following portions of the revenue realized from the tax
21imposed upon individuals, trusts, and estates by subsections
22(a) and (b) of Section 201 of this Act, minus deposits into the
23Income Tax Refund Fund, into the Commitment to Human Services
24Fund:
25        (1) beginning February 1, 2015, and prior to February
26    1, 2025, 1/30; and

 

 

HB0315- 23 -LRB102 03587 HLH 13600 b

1        (2) beginning February 1, 2025, 1/26.
2    If the rate of tax imposed by subsection (a) and (b) of
3Section 201 is reduced pursuant to Section 201.5 of this Act,
4the Department shall not make the deposits required by this
5subsection (g) on or after the effective date of the
6reduction.
7    (h) Deposits into the Tax Compliance and Administration
8Fund. Beginning on the first day of the first calendar month to
9occur on or after August 26, 2014 (the effective date of Public
10Act 98-1098), each month the Department shall pay into the Tax
11Compliance and Administration Fund, to be used, subject to
12appropriation, to fund additional auditors and compliance
13personnel at the Department, an amount equal to 1/12 of 5% of
14the cash receipts collected during the preceding fiscal year
15by the Audit Bureau of the Department from the tax imposed by
16subsections (a), (b), (c), and (d) of Section 201 of this Act,
17net of deposits into the Income Tax Refund Fund made from those
18cash receipts.
19(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
20100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
218-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for
22effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
23101-636, eff. 6-10-20.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.