Illinois House Bill HB2368

Illinois 2025-2026 Regular Session

• Introduced: 1/31/25
• Refer: 2/4/25
• Refer: 2/25/25
• Refer: 3/21/25

Caption

ESTATE TAX-COMPUTATION

Impact

The implementation of HB2368 will significantly shape the financial landscape for estates in Illinois, likely affecting wealth distribution and planning strategies among residents. By instituting a fixed exemption amount and establishing clear tax rates based on the size of the estate, the bill encourages better financial preparations among potential decedents and their heirs. As the estate tax rate scales from 5% to 22% depending on the value of the taxable estate, areas of concern may arise regarding the implications for families and the transfer of wealth within the state.

Summary

House Bill 2368 proposes amendments to the Illinois Estate and Generation-Skipping Transfer Tax Act, setting forth new regulations for calculating estate taxes for individuals who die on or after January 1, 2026. This legislation establishes a defined Illinois taxable estate, which will be determined by the decedent's federal gross estate with specific modifications, including a deduction amounting to $4,000,000. The bill aims to clarify the computation of estate taxes and ensure that the assessment is fair and consistent across applicable estates.

Contention

Notable points of contention surrounding HB2368 involve the anticipated impact on smaller estates and how this may disproportionately affect families with modest means, while favoring wealthier individuals who can afford extensive estate planning. Proponents assert that the clarity in tax computation will benefit all families by providing a predictable tax scenario. However, critics may express concerns regarding the fairness of the estate tax system and its potential to burden families already facing the loss of a loved one with additional financial stress. The dialogue on this bill could provoke broader debates on wealth equity and taxation policy in Illinois.