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Illinois House Bill HB1116

Illinois 2023-2024 Regular Session

Illinois House Bill HB1116 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1116 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 35 ILCS 5/901 Amends the Illinois Income Tax Act. Increases the amount transferred from the General Revenue Fund to the Local Government Distributive Fund. Effective immediately. LRB103 00010 HLH 45010 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1116 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 35 ILCS 5/901 35 ILCS 5/901 Amends the Illinois Income Tax Act. Increases the amount transferred from the General Revenue Fund to the Local Government Distributive Fund. Effective immediately. LRB103 00010 HLH 45010 b LRB103 00010 HLH 45010 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1116 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
33 35 ILCS 5/901 35 ILCS 5/901
44 35 ILCS 5/901
55 Amends the Illinois Income Tax Act. Increases the amount transferred from the General Revenue Fund to the Local Government Distributive Fund. Effective immediately.
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1111 1 AN ACT concerning revenue.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Income Tax Act is amended by
1515 5 changing Section 901 as follows:
1616 6 (35 ILCS 5/901)
1717 7 Sec. 901. Collection authority.
1818 8 (a) In general. The Department shall collect the taxes
1919 9 imposed by this Act. The Department shall collect certified
2020 10 past due child support amounts under Section 2505-650 of the
2121 11 Department of Revenue Law of the Civil Administrative Code of
2222 12 Illinois. Except as provided in subsections (b), (c), (e),
2323 13 (f), (g), and (h) of this Section, money collected pursuant to
2424 14 subsections (a) and (b) of Section 201 of this Act shall be
2525 15 paid into the General Revenue Fund in the State treasury;
2626 16 money collected pursuant to subsections (c) and (d) of Section
2727 17 201 of this Act shall be paid into the Personal Property Tax
2828 18 Replacement Fund, a special fund in the State Treasury; and
2929 19 money collected under Section 2505-650 of the Department of
3030 20 Revenue Law of the Civil Administrative Code of Illinois shall
3131 21 be paid into the Child Support Enforcement Trust Fund, a
3232 22 special fund outside the State Treasury, or to the State
3333 23 Disbursement Unit established under Section 10-26 of the
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1116 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
3838 35 ILCS 5/901 35 ILCS 5/901
3939 35 ILCS 5/901
4040 Amends the Illinois Income Tax Act. Increases the amount transferred from the General Revenue Fund to the Local Government Distributive Fund. Effective immediately.
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6868 1 Illinois Public Aid Code, as directed by the Department of
6969 2 Healthcare and Family Services.
7070 3 (b) Local Government Distributive Fund.
7171 4 (1) Beginning August 1, 2017 and continuing through
7272 5 July 31, 2022, the Treasurer shall transfer each month
7373 6 from the General Revenue Fund to the Local Government
7474 7 Distributive Fund an amount equal to the sum of: (i) 6.06%
7575 8 (10% of the ratio of the 3% individual income tax rate
7676 9 prior to 2011 to the 4.95% individual income tax rate
7777 10 after July 1, 2017) of the net revenue realized from the
7878 11 tax imposed by subsections (a) and (b) of Section 201 of
7979 12 this Act upon individuals, trusts, and estates during the
8080 13 preceding month; (ii) 6.85% (10% of the ratio of the 4.8%
8181 14 corporate income tax rate prior to 2011 to the 7%
8282 15 corporate income tax rate after July 1, 2017) of the net
8383 16 revenue realized from the tax imposed by subsections (a)
8484 17 and (b) of Section 201 of this Act upon corporations
8585 18 during the preceding month; and (iii) beginning February
8686 19 1, 2022, 6.06% of the net revenue realized from the tax
8787 20 imposed by subsection (p) of Section 201 of this Act upon
8888 21 electing pass-through entities.
8989 22 (2) Beginning August 1, 2022 and continuing through
9090 23 June 30, 2023, the Treasurer shall transfer each month
9191 24 from the General Revenue Fund to the Local Government
9292 25 Distributive Fund an amount equal to the sum of: (i) 6.16%
9393 26 of the net revenue realized from the tax imposed by
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104104 1 subsections (a) and (b) of Section 201 of this Act upon
105105 2 individuals, trusts, and estates during the preceding
106106 3 month; (ii) 6.85% of the net revenue realized from the tax
107107 4 imposed by subsections (a) and (b) of Section 201 of this
108108 5 Act upon corporations during the preceding month; and
109109 6 (iii) 6.16% of the net revenue realized from the tax
110110 7 imposed by subsection (p) of Section 201 of this Act upon
111111 8 electing pass-through entities.
112112 9 (3) Beginning July 1, 2023 and continuing through June
113113 10 30, 2024, the Treasurer shall transfer each month from the
114114 11 General Revenue Fund to the Local Government Distributive
115115 12 Fund an amount equal to the sum of: (i) 8.5% of the net
116116 13 revenue realized from the tax imposed by subsections (a)
117117 14 and (b) of Section 201 of this Act upon individuals,
118118 15 trusts, and estates during the preceding month; (ii)
119119 16 9.355% of the net revenue realized from the tax imposed by
120120 17 subsections (a) and (b) of Section 201 of this Act upon
121121 18 corporations during the preceding month; and (iii) 8.5% of
122122 19 the net revenue realized from the tax imposed by
123123 20 subsection (p) of Section 201 of this Act upon electing
124124 21 pass-through entities.
125125 22 (4) Beginning July 1, 2024 and continuing through June
126126 23 30, 2025, the Treasurer shall transfer each month from the
127127 24 General Revenue Fund to the Local Government Distributive
128128 25 Fund an amount equal to the sum of: (i) 9% of the net
129129 26 revenue realized from the tax imposed by subsections (a)
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140140 1 and (b) of Section 201 of this Act upon individuals,
141141 2 trusts, and estates during the preceding month; (ii) 9.57%
142142 3 of the net revenue realized from the tax imposed by
143143 4 subsections (a) and (b) of Section 201 of this Act upon
144144 5 corporations during the preceding month; and (iii) 9% of
145145 6 the net revenue realized from the tax imposed by
146146 7 subsection (p) of Section 201 of this Act upon electing
147147 8 pass-through entities.
148148 9 (5) Beginning July 1, 2025 and continuing through June
149149 10 30, 2026, the Treasurer shall transfer each month from the
150150 11 General Revenue Fund to the Local Government Distributive
151151 12 Fund an amount equal to the sum of: (i) 9.5% of the net
152152 13 revenue realized from the tax imposed by subsections (a)
153153 14 and (b) of Section 201 of this Act upon individuals,
154154 15 trusts, and estates during the preceding month; (ii)
155155 16 9.785% of the net revenue realized from the tax imposed by
156156 17 subsections (a) and (b) of Section 201 of this Act upon
157157 18 corporations during the preceding month; and (iii) 9.5% of
158158 19 the net revenue realized from the tax imposed by
159159 20 subsection (p) of Section 201 of this Act upon electing
160160 21 pass-through entities.
161161 22 (6) Beginning on July 1, 2026, the Treasurer shall
162162 23 transfer each month from the General Revenue Fund to the
163163 24 Local Government Distributive Fund an amount equal to: (i)
164164 25 10% of the net revenue realized from the tax imposed on
165165 26 individuals, trusts, estates, and corporations by
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176176 1 subsections (a) and (b) of Section 201 of this Act during
177177 2 the preceding month; and (ii) 10% of the net revenue
178178 3 realized from the tax imposed by subsection (p) of Section
179179 4 201 of this Act upon electing pass-through entities.
180180 5 Net revenue realized for a month shall be defined as the
181181 6 revenue from the tax imposed by subsections (a) and (b) of
182182 7 Section 201 of this Act which is deposited in the General
183183 8 Revenue Fund, the Education Assistance Fund, the Income Tax
184184 9 Surcharge Local Government Distributive Fund, the Fund for the
185185 10 Advancement of Education, and the Commitment to Human Services
186186 11 Fund during the month minus the amount paid out of the General
187187 12 Revenue Fund in State warrants during that same month as
188188 13 refunds to taxpayers for overpayment of liability under the
189189 14 tax imposed by subsections (a) and (b) of Section 201 of this
190190 15 Act.
191191 16 Notwithstanding any provision of law to the contrary,
192192 17 beginning on July 6, 2017 (the effective date of Public Act
193193 18 100-23), those amounts required under this subsection (b) to
194194 19 be transferred by the Treasurer into the Local Government
195195 20 Distributive Fund from the General Revenue Fund shall be
196196 21 directly deposited into the Local Government Distributive Fund
197197 22 as the revenue is realized from the tax imposed by subsections
198198 23 (a) and (b) of Section 201 of this Act.
199199 24 (c) Deposits Into Income Tax Refund Fund.
200200 25 (1) Beginning on January 1, 1989 and thereafter, the
201201 26 Department shall deposit a percentage of the amounts
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212212 1 collected pursuant to subsections (a) and (b)(1), (2), and
213213 2 (3) of Section 201 of this Act into a fund in the State
214214 3 treasury known as the Income Tax Refund Fund. Beginning
215215 4 with State fiscal year 1990 and for each fiscal year
216216 5 thereafter, the percentage deposited into the Income Tax
217217 6 Refund Fund during a fiscal year shall be the Annual
218218 7 Percentage. For fiscal year 2011, the Annual Percentage
219219 8 shall be 8.75%. For fiscal year 2012, the Annual
220220 9 Percentage shall be 8.75%. For fiscal year 2013, the
221221 10 Annual Percentage shall be 9.75%. For fiscal year 2014,
222222 11 the Annual Percentage shall be 9.5%. For fiscal year 2015,
223223 12 the Annual Percentage shall be 10%. For fiscal year 2018,
224224 13 the Annual Percentage shall be 9.8%. For fiscal year 2019,
225225 14 the Annual Percentage shall be 9.7%. For fiscal year 2020,
226226 15 the Annual Percentage shall be 9.5%. For fiscal year 2021,
227227 16 the Annual Percentage shall be 9%. For fiscal year 2022,
228228 17 the Annual Percentage shall be 9.25%. For fiscal year
229229 18 2023, the Annual Percentage shall be 9.25%. For all other
230230 19 fiscal years, the Annual Percentage shall be calculated as
231231 20 a fraction, the numerator of which shall be the amount of
232232 21 refunds approved for payment by the Department during the
233233 22 preceding fiscal year as a result of overpayment of tax
234234 23 liability under subsections (a) and (b)(1), (2), and (3)
235235 24 of Section 201 of this Act plus the amount of such refunds
236236 25 remaining approved but unpaid at the end of the preceding
237237 26 fiscal year, minus the amounts transferred into the Income
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248248 1 Tax Refund Fund from the Tobacco Settlement Recovery Fund,
249249 2 and the denominator of which shall be the amounts which
250250 3 will be collected pursuant to subsections (a) and (b)(1),
251251 4 (2), and (3) of Section 201 of this Act during the
252252 5 preceding fiscal year; except that in State fiscal year
253253 6 2002, the Annual Percentage shall in no event exceed 7.6%.
254254 7 The Director of Revenue shall certify the Annual
255255 8 Percentage to the Comptroller on the last business day of
256256 9 the fiscal year immediately preceding the fiscal year for
257257 10 which it is to be effective.
258258 11 (2) Beginning on January 1, 1989 and thereafter, the
259259 12 Department shall deposit a percentage of the amounts
260260 13 collected pursuant to subsections (a) and (b)(6), (7), and
261261 14 (8), (c) and (d) of Section 201 of this Act into a fund in
262262 15 the State treasury known as the Income Tax Refund Fund.
263263 16 Beginning with State fiscal year 1990 and for each fiscal
264264 17 year thereafter, the percentage deposited into the Income
265265 18 Tax Refund Fund during a fiscal year shall be the Annual
266266 19 Percentage. For fiscal year 2011, the Annual Percentage
267267 20 shall be 17.5%. For fiscal year 2012, the Annual
268268 21 Percentage shall be 17.5%. For fiscal year 2013, the
269269 22 Annual Percentage shall be 14%. For fiscal year 2014, the
270270 23 Annual Percentage shall be 13.4%. For fiscal year 2015,
271271 24 the Annual Percentage shall be 14%. For fiscal year 2018,
272272 25 the Annual Percentage shall be 17.5%. For fiscal year
273273 26 2019, the Annual Percentage shall be 15.5%. For fiscal
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284284 1 year 2020, the Annual Percentage shall be 14.25%. For
285285 2 fiscal year 2021, the Annual Percentage shall be 14%. For
286286 3 fiscal year 2022, the Annual Percentage shall be 15%. For
287287 4 fiscal year 2023, the Annual Percentage shall be 14.5%.
288288 5 For all other fiscal years, the Annual Percentage shall be
289289 6 calculated as a fraction, the numerator of which shall be
290290 7 the amount of refunds approved for payment by the
291291 8 Department during the preceding fiscal year as a result of
292292 9 overpayment of tax liability under subsections (a) and
293293 10 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
294294 11 Act plus the amount of such refunds remaining approved but
295295 12 unpaid at the end of the preceding fiscal year, and the
296296 13 denominator of which shall be the amounts which will be
297297 14 collected pursuant to subsections (a) and (b)(6), (7), and
298298 15 (8), (c) and (d) of Section 201 of this Act during the
299299 16 preceding fiscal year; except that in State fiscal year
300300 17 2002, the Annual Percentage shall in no event exceed 23%.
301301 18 The Director of Revenue shall certify the Annual
302302 19 Percentage to the Comptroller on the last business day of
303303 20 the fiscal year immediately preceding the fiscal year for
304304 21 which it is to be effective.
305305 22 (3) The Comptroller shall order transferred and the
306306 23 Treasurer shall transfer from the Tobacco Settlement
307307 24 Recovery Fund to the Income Tax Refund Fund (i)
308308 25 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
309309 26 2002, and (iii) $35,000,000 in January, 2003.
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320320 1 (d) Expenditures from Income Tax Refund Fund.
321321 2 (1) Beginning January 1, 1989, money in the Income Tax
322322 3 Refund Fund shall be expended exclusively for the purpose
323323 4 of paying refunds resulting from overpayment of tax
324324 5 liability under Section 201 of this Act and for making
325325 6 transfers pursuant to this subsection (d), except that in
326326 7 State fiscal years 2022 and 2023, moneys in the Income Tax
327327 8 Refund Fund shall also be used to pay one-time rebate
328328 9 payments as provided under Sections 208.5 and 212.1.
329329 10 (2) The Director shall order payment of refunds
330330 11 resulting from overpayment of tax liability under Section
331331 12 201 of this Act from the Income Tax Refund Fund only to the
332332 13 extent that amounts collected pursuant to Section 201 of
333333 14 this Act and transfers pursuant to this subsection (d) and
334334 15 item (3) of subsection (c) have been deposited and
335335 16 retained in the Fund.
336336 17 (3) As soon as possible after the end of each fiscal
337337 18 year, the Director shall order transferred and the State
338338 19 Treasurer and State Comptroller shall transfer from the
339339 20 Income Tax Refund Fund to the Personal Property Tax
340340 21 Replacement Fund an amount, certified by the Director to
341341 22 the Comptroller, equal to the excess of the amount
342342 23 collected pursuant to subsections (c) and (d) of Section
343343 24 201 of this Act deposited into the Income Tax Refund Fund
344344 25 during the fiscal year over the amount of refunds
345345 26 resulting from overpayment of tax liability under
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356356 1 subsections (c) and (d) of Section 201 of this Act paid
357357 2 from the Income Tax Refund Fund during the fiscal year.
358358 3 (4) As soon as possible after the end of each fiscal
359359 4 year, the Director shall order transferred and the State
360360 5 Treasurer and State Comptroller shall transfer from the
361361 6 Personal Property Tax Replacement Fund to the Income Tax
362362 7 Refund Fund an amount, certified by the Director to the
363363 8 Comptroller, equal to the excess of the amount of refunds
364364 9 resulting from overpayment of tax liability under
365365 10 subsections (c) and (d) of Section 201 of this Act paid
366366 11 from the Income Tax Refund Fund during the fiscal year
367367 12 over the amount collected pursuant to subsections (c) and
368368 13 (d) of Section 201 of this Act deposited into the Income
369369 14 Tax Refund Fund during the fiscal year.
370370 15 (4.5) As soon as possible after the end of fiscal year
371371 16 1999 and of each fiscal year thereafter, the Director
372372 17 shall order transferred and the State Treasurer and State
373373 18 Comptroller shall transfer from the Income Tax Refund Fund
374374 19 to the General Revenue Fund any surplus remaining in the
375375 20 Income Tax Refund Fund as of the end of such fiscal year;
376376 21 excluding for fiscal years 2000, 2001, and 2002 amounts
377377 22 attributable to transfers under item (3) of subsection (c)
378378 23 less refunds resulting from the earned income tax credit,
379379 24 and excluding for fiscal year 2022 amounts attributable to
380380 25 transfers from the General Revenue Fund authorized by
381381 26 Public Act 102-700 this amendatory Act of the 102nd
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392392 1 General Assembly.
393393 2 (5) This Act shall constitute an irrevocable and
394394 3 continuing appropriation from the Income Tax Refund Fund
395395 4 for the purposes of (i) paying refunds upon the order of
396396 5 the Director in accordance with the provisions of this
397397 6 Section and (ii) paying one-time rebate payments under
398398 7 Sections 208.5 and 212.1.
399399 8 (e) Deposits into the Education Assistance Fund and the
400400 9 Income Tax Surcharge Local Government Distributive Fund. On
401401 10 July 1, 1991, and thereafter, of the amounts collected
402402 11 pursuant to subsections (a) and (b) of Section 201 of this Act,
403403 12 minus deposits into the Income Tax Refund Fund, the Department
404404 13 shall deposit 7.3% into the Education Assistance Fund in the
405405 14 State Treasury. Beginning July 1, 1991, and continuing through
406406 15 January 31, 1993, of the amounts collected pursuant to
407407 16 subsections (a) and (b) of Section 201 of the Illinois Income
408408 17 Tax Act, minus deposits into the Income Tax Refund Fund, the
409409 18 Department shall deposit 3.0% into the Income Tax Surcharge
410410 19 Local Government Distributive Fund in the State Treasury.
411411 20 Beginning February 1, 1993 and continuing through June 30,
412412 21 1993, of the amounts collected pursuant to subsections (a) and
413413 22 (b) of Section 201 of the Illinois Income Tax Act, minus
414414 23 deposits into the Income Tax Refund Fund, the Department shall
415415 24 deposit 4.4% into the Income Tax Surcharge Local Government
416416 25 Distributive Fund in the State Treasury. Beginning July 1,
417417 26 1993, and continuing through June 30, 1994, of the amounts
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428428 1 collected under subsections (a) and (b) of Section 201 of this
429429 2 Act, minus deposits into the Income Tax Refund Fund, the
430430 3 Department shall deposit 1.475% into the Income Tax Surcharge
431431 4 Local Government Distributive Fund in the State Treasury.
432432 5 (f) Deposits into the Fund for the Advancement of
433433 6 Education. Beginning February 1, 2015, the Department shall
434434 7 deposit the following portions of the revenue realized from
435435 8 the tax imposed upon individuals, trusts, and estates by
436436 9 subsections (a) and (b) of Section 201 of this Act, minus
437437 10 deposits into the Income Tax Refund Fund, into the Fund for the
438438 11 Advancement of Education:
439439 12 (1) beginning February 1, 2015, and prior to February
440440 13 1, 2025, 1/30; and
441441 14 (2) beginning February 1, 2025, 1/26.
442442 15 If the rate of tax imposed by subsection (a) and (b) of
443443 16 Section 201 is reduced pursuant to Section 201.5 of this Act,
444444 17 the Department shall not make the deposits required by this
445445 18 subsection (f) on or after the effective date of the
446446 19 reduction.
447447 20 (g) Deposits into the Commitment to Human Services Fund.
448448 21 Beginning February 1, 2015, the Department shall deposit the
449449 22 following portions of the revenue realized from the tax
450450 23 imposed upon individuals, trusts, and estates by subsections
451451 24 (a) and (b) of Section 201 of this Act, minus deposits into the
452452 25 Income Tax Refund Fund, into the Commitment to Human Services
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464464 1 (1) beginning February 1, 2015, and prior to February
465465 2 1, 2025, 1/30; and
466466 3 (2) beginning February 1, 2025, 1/26.
467467 4 If the rate of tax imposed by subsection (a) and (b) of
468468 5 Section 201 is reduced pursuant to Section 201.5 of this Act,
469469 6 the Department shall not make the deposits required by this
470470 7 subsection (g) on or after the effective date of the
471471 8 reduction.
472472 9 (h) Deposits into the Tax Compliance and Administration
473473 10 Fund. Beginning on the first day of the first calendar month to
474474 11 occur on or after August 26, 2014 (the effective date of Public
475475 12 Act 98-1098), each month the Department shall pay into the Tax
476476 13 Compliance and Administration Fund, to be used, subject to
477477 14 appropriation, to fund additional auditors and compliance
478478 15 personnel at the Department, an amount equal to 1/12 of 5% of
479479 16 the cash receipts collected during the preceding fiscal year
480480 17 by the Audit Bureau of the Department from the tax imposed by
481481 18 subsections (a), (b), (c), and (d) of Section 201 of this Act,
482482 19 net of deposits into the Income Tax Refund Fund made from those
483483 20 cash receipts.
484484 21 (Source: P.A. 101-8, see Section 99 for effective date;
485485 22 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
486486 23 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
487487 24 eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
488488 25 102-813, eff. 5-13-22; revised 8-2-22.)
489489 26 Section 99. Effective date. This Act takes effect upon
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