Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0189

Introduced
1/31/23  
Refer
1/31/23  
Refer
2/7/23  

Caption

INC TAX-NET INCOME

Impact

The passage of SB0189 will have a significant impact on the tax obligations of various business entities in Illinois, particularly partnerships and Subchapter S corporations. By expanding the definition of net income to include distributions typically used to support retired partners or shareholders, the bill addresses a potentially under-taxed segment of income. This adjustment means that entities will need to factor these distributions into their gross tax calculations, potentially leading to an increase in tax liabilities for certain organizations. Furthermore, the bill aims to enhance fairness in taxation, ensuring that income derived from retirement or disability plans is adequately considered in the overall tax structure of the state.

Summary

SB0189, introduced by Senator Win Stoller in the Illinois General Assembly, amends the Illinois Income Tax Act to revise the definition of 'net income' for entities that elect entity-level tax treatment. The amendment specifies that net income will now include certain distributions to retired partners or shareholders that are part of a retirement or disability plan. This change is intended to integrate a more comprehensive understanding of taxable income for entities electing this classification, making compliance with tax law clearer for stakeholders involved in such distributions. The bill is set to take effect immediately upon becoming law, streamlining the taxation process for affected entities.

Contention

While the bill presents tax clarity and compliance for eligible entities, there is potential for contention concerning how such changes may affect businesses and their financial planning strategies. Some stakeholders may argue that including retirement distributions in taxable income could deter entities from providing generous retirement benefits or create disincentives for retirement planning among partners and shareholders. Therefore, discussions regarding the bill's long-term effects on retirement policies and tax strategies within businesses are to be anticipated, as those affected engage in evaluating their financial frameworks against the updated tax laws.

Companion Bills

No companion bills found.

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