Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1880

Introduced
2/9/23  
Refer
2/9/23  
Refer
2/21/23  
Report Pass
3/9/23  
Engrossed
3/23/23  
Refer
3/24/23  
Refer
4/11/23  

Caption

INC TAX-INVESTMENT PARTNERSHIP

Impact

Enactment of SB1880 will have significant implications for investment partnerships operating in Illinois. By specifying that over 90% of a partnership's total assets must consist of qualifying investment securities and that a similar percentage of its income should derive from interest, dividends, and gains, the bill effectively establishes a clearer framework for taxation. This could lead to more consistent revenue generation for the state while providing investment partnership entities with clearer guidelines for compliance. Importantly, it aligns state definitions with federal regulations, potentially reducing confusion amongst businesses operating in multiple jurisdictions.

Summary

SB1880 amends the Illinois Income Tax Act by introducing new definitions and provisions related to investment partnerships and their treatment under state tax law. The bill focuses on identifying how income generated from investment partnerships should be treated for tax purposes, ensuring that the regulations align with federal definitions and requirements. Specifically, it details the criteria that an entity must meet to qualify as an investment partnership in the eyes of the state tax authorities, aiming to streamline the taxation process for these entities. This bill also clarifies what constitutes business income and how it should be allocated under Illinois law.

Sentiment

The general sentiment surrounding SB1880 appears to be positive among supporters who view the clarity in tax regulations as beneficial for both the state and businesses. There seems to be a consensus among proponents that these changes will reduce ambiguity in tax compliance, thus facilitating smoother operations for investment partnerships. However, there may be some apprehension from groups concerned about the implications of these definitions and whether they might unintentionally narrow the opportunities for various types of investment activities or impose unnecessary burdens on small partnerships.

Contention

Notable points of contention include the specific requirements for qualification as an investment partnership and the risk that such stringent definitions could limit the number of entities eligible for favorable tax treatment. Stakeholders may be concerned about the potential exclusion of smaller partnerships that do not meet the asset and income criteria outlined in the bill. Additionally, there might be discussions about the potential revenue impact on the state if fewer entities qualify under the new definitions, balancing the need for tax revenue against the encouragement of investment and business growth.

Companion Bills

No companion bills found.

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