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Illinois House Bill HB2483

Illinois 2025-2026 Regular Session

Illinois House Bill HB2483 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2483 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 35 ILCS 5/901 Amends the Illinois Income Tax Act. In provisions concerning transfers of surplus moneys from the Income Tax Refund Fund to the General Revenue Fund, provides that "surplus" means the cash balance in the Income Tax Refund Fund at the end of the applicable fiscal year, less amounts attributable to certain specified transfers. Effective immediately. LRB104 03447 HLH 20736 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2483 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 35 ILCS 5/901 35 ILCS 5/901 Amends the Illinois Income Tax Act. In provisions concerning transfers of surplus moneys from the Income Tax Refund Fund to the General Revenue Fund, provides that "surplus" means the cash balance in the Income Tax Refund Fund at the end of the applicable fiscal year, less amounts attributable to certain specified transfers. Effective immediately. LRB104 03447 HLH 20736 b LRB104 03447 HLH 20736 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2483 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
33 35 ILCS 5/901 35 ILCS 5/901
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55 Amends the Illinois Income Tax Act. In provisions concerning transfers of surplus moneys from the Income Tax Refund Fund to the General Revenue Fund, provides that "surplus" means the cash balance in the Income Tax Refund Fund at the end of the applicable fiscal year, less amounts attributable to certain specified transfers. Effective immediately.
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1111 1 AN ACT concerning taxation.
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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3838 35 ILCS 5/901 35 ILCS 5/901
3939 35 ILCS 5/901
4040 Amends the Illinois Income Tax Act. In provisions concerning transfers of surplus moneys from the Income Tax Refund Fund to the General Revenue Fund, provides that "surplus" means the cash balance in the Income Tax Refund Fund at the end of the applicable fiscal year, less amounts attributable to certain specified transfers. 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. Beginning August
7171 4 1, 2017 and continuing through July 31, 2022, the Treasurer
7272 5 shall transfer each month from the General Revenue Fund to the
7373 6 Local Government Distributive Fund an amount equal to the sum
7474 7 of: (i) 6.06% (10% of the ratio of the 3% individual income tax
7575 8 rate prior to 2011 to the 4.95% individual income tax rate
7676 9 after July 1, 2017) of the net revenue realized from the tax
7777 10 imposed by subsections (a) and (b) of Section 201 of this Act
7878 11 upon individuals, trusts, and estates during the preceding
7979 12 month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
8080 13 income tax rate prior to 2011 to the 7% corporate income tax
8181 14 rate after July 1, 2017) of the net revenue realized from the
8282 15 tax imposed by subsections (a) and (b) of Section 201 of this
8383 16 Act upon corporations during the preceding month; and (iii)
8484 17 beginning February 1, 2022, 6.06% of the net revenue realized
8585 18 from the tax imposed by subsection (p) of Section 201 of this
8686 19 Act upon electing pass-through entities. Beginning August 1,
8787 20 2022 and continuing through July 31, 2023, the Treasurer shall
8888 21 transfer each month from the General Revenue Fund to the Local
8989 22 Government Distributive Fund an amount equal to the sum of:
9090 23 (i) 6.16% of the net revenue realized from the tax imposed by
9191 24 subsections (a) and (b) of Section 201 of this Act upon
9292 25 individuals, trusts, and estates during the preceding month;
9393 26 (ii) 6.85% 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 corporations during the preceding month; and (iii) 6.16% of
106106 3 the net revenue realized from the tax imposed by subsection
107107 4 (p) of Section 201 of this Act upon electing pass-through
108108 5 entities. Beginning August 1, 2023, the Treasurer shall
109109 6 transfer each month from the General Revenue Fund to the Local
110110 7 Government Distributive Fund an amount equal to the sum of:
111111 8 (i) 6.47% of the net revenue realized from the tax imposed by
112112 9 subsections (a) and (b) of Section 201 of this Act upon
113113 10 individuals, trusts, and estates during the preceding month;
114114 11 (ii) 6.85% of the net revenue realized from the tax imposed by
115115 12 subsections (a) and (b) of Section 201 of this Act upon
116116 13 corporations during the preceding month; and (iii) 6.47% of
117117 14 the net revenue realized from the tax imposed by subsection
118118 15 (p) of Section 201 of this Act upon electing pass-through
119119 16 entities. Net revenue realized for a month shall be defined as
120120 17 the revenue from the tax imposed by subsections (a) and (b) of
121121 18 Section 201 of this Act which is deposited into the General
122122 19 Revenue Fund, the Education Assistance Fund, the Income Tax
123123 20 Surcharge Local Government Distributive Fund, the Fund for the
124124 21 Advancement of Education, and the Commitment to Human Services
125125 22 Fund during the month minus the amount paid out of the General
126126 23 Revenue Fund in State warrants during that same month as
127127 24 refunds to taxpayers for overpayment of liability under the
128128 25 tax imposed by subsections (a) and (b) of Section 201 of this
129129 26 Act.
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140140 1 Notwithstanding any provision of law to the contrary,
141141 2 beginning on July 6, 2017 (the effective date of Public Act
142142 3 100-23), those amounts required under this subsection (b) to
143143 4 be transferred by the Treasurer into the Local Government
144144 5 Distributive Fund from the General Revenue Fund shall be
145145 6 directly deposited into the Local Government Distributive Fund
146146 7 as the revenue is realized from the tax imposed by subsections
147147 8 (a) and (b) of Section 201 of this Act.
148148 9 (c) Deposits Into Income Tax Refund Fund.
149149 10 (1) Beginning on January 1, 1989 and thereafter, the
150150 11 Department shall deposit a percentage of the amounts
151151 12 collected pursuant to subsections (a) and (b)(1), (2), and
152152 13 (3) of Section 201 of this Act into a fund in the State
153153 14 treasury known as the Income Tax Refund Fund. Beginning
154154 15 with State fiscal year 1990 and for each fiscal year
155155 16 thereafter, the percentage deposited into the Income Tax
156156 17 Refund Fund during a fiscal year shall be the Annual
157157 18 Percentage. For fiscal year 2011, the Annual Percentage
158158 19 shall be 8.75%. For fiscal year 2012, the Annual
159159 20 Percentage shall be 8.75%. For fiscal year 2013, the
160160 21 Annual Percentage shall be 9.75%. For fiscal year 2014,
161161 22 the Annual Percentage shall be 9.5%. For fiscal year 2015,
162162 23 the Annual Percentage shall be 10%. For fiscal year 2018,
163163 24 the Annual Percentage shall be 9.8%. For fiscal year 2019,
164164 25 the Annual Percentage shall be 9.7%. For fiscal year 2020,
165165 26 the Annual Percentage shall be 9.5%. For fiscal year 2021,
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176176 1 the Annual Percentage shall be 9%. For fiscal year 2022,
177177 2 the Annual Percentage shall be 9.25%. For fiscal year
178178 3 2023, the Annual Percentage shall be 9.25%. For fiscal
179179 4 year 2024, the Annual Percentage shall be 9.15%. For
180180 5 fiscal year 2025, the Annual Percentage shall be 9.15%.
181181 6 For all other fiscal years, the Annual Percentage shall be
182182 7 calculated as a fraction, the numerator of which shall be
183183 8 the amount of refunds approved for payment by the
184184 9 Department during the preceding fiscal year as a result of
185185 10 overpayment of tax liability under subsections (a) and
186186 11 (b)(1), (2), and (3) of Section 201 of this Act plus the
187187 12 amount of such refunds remaining approved but unpaid at
188188 13 the end of the preceding fiscal year, minus the amounts
189189 14 transferred into the Income Tax Refund Fund from the
190190 15 Tobacco Settlement Recovery Fund, and the denominator of
191191 16 which shall be the amounts which will be collected
192192 17 pursuant to subsections (a) and (b)(1), (2), and (3) of
193193 18 Section 201 of this Act during the preceding fiscal year;
194194 19 except that in State fiscal year 2002, the Annual
195195 20 Percentage shall in no event exceed 7.6%. The Director of
196196 21 Revenue shall certify the Annual Percentage to the
197197 22 Comptroller on the last business day of the fiscal year
198198 23 immediately preceding the fiscal year for which it is to
199199 24 be effective.
200200 25 (2) 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)(6), (7), and
213213 2 (8), (c) and (d) of Section 201 of this Act into a fund in
214214 3 the State treasury known as the Income Tax Refund Fund.
215215 4 Beginning with State fiscal year 1990 and for each fiscal
216216 5 year thereafter, the percentage deposited into the Income
217217 6 Tax Refund Fund during a fiscal year shall be the Annual
218218 7 Percentage. For fiscal year 2011, the Annual Percentage
219219 8 shall be 17.5%. For fiscal year 2012, the Annual
220220 9 Percentage shall be 17.5%. For fiscal year 2013, the
221221 10 Annual Percentage shall be 14%. For fiscal year 2014, the
222222 11 Annual Percentage shall be 13.4%. For fiscal year 2015,
223223 12 the Annual Percentage shall be 14%. For fiscal year 2018,
224224 13 the Annual Percentage shall be 17.5%. For fiscal year
225225 14 2019, the Annual Percentage shall be 15.5%. For fiscal
226226 15 year 2020, the Annual Percentage shall be 14.25%. For
227227 16 fiscal year 2021, the Annual Percentage shall be 14%. For
228228 17 fiscal year 2022, the Annual Percentage shall be 15%. For
229229 18 fiscal year 2023, the Annual Percentage shall be 14.5%.
230230 19 For fiscal year 2024, the Annual Percentage shall be 14%.
231231 20 For fiscal year 2025, the Annual Percentage shall be 14%.
232232 21 For all other fiscal years, the Annual Percentage shall be
233233 22 calculated as a fraction, the numerator of which shall be
234234 23 the amount of refunds approved for payment by the
235235 24 Department during the preceding fiscal year as a result of
236236 25 overpayment of tax liability under subsections (a) and
237237 26 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
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248248 1 Act plus the amount of such refunds remaining approved but
249249 2 unpaid at the end of the preceding fiscal year, and the
250250 3 denominator of which shall be the amounts which will be
251251 4 collected pursuant to subsections (a) and (b)(6), (7), and
252252 5 (8), (c) and (d) of Section 201 of this Act during the
253253 6 preceding fiscal year; except that in State fiscal year
254254 7 2002, the Annual Percentage shall in no event exceed 23%.
255255 8 The Director of Revenue shall certify the Annual
256256 9 Percentage to the Comptroller on the last business day of
257257 10 the fiscal year immediately preceding the fiscal year for
258258 11 which it is to be effective.
259259 12 (3) The Comptroller shall order transferred and the
260260 13 Treasurer shall transfer from the Tobacco Settlement
261261 14 Recovery Fund to the Income Tax Refund Fund (i)
262262 15 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
263263 16 2002, and (iii) $35,000,000 in January, 2003.
264264 17 (d) Expenditures from Income Tax Refund Fund.
265265 18 (1) Beginning January 1, 1989, money in the Income Tax
266266 19 Refund Fund shall be expended exclusively for the purpose
267267 20 of paying refunds resulting from overpayment of tax
268268 21 liability under Section 201 of this Act and for making
269269 22 transfers pursuant to this subsection (d), except that in
270270 23 State fiscal years 2022 and 2023, moneys in the Income Tax
271271 24 Refund Fund shall also be used to pay one-time rebate
272272 25 payments as provided under Sections 208.5 and 212.1.
273273 26 (2) The Director shall order payment of refunds
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284284 1 resulting from overpayment of tax liability under Section
285285 2 201 of this Act from the Income Tax Refund Fund only to the
286286 3 extent that amounts collected pursuant to Section 201 of
287287 4 this Act and transfers pursuant to this subsection (d) and
288288 5 item (3) of subsection (c) have been deposited and
289289 6 retained in the Fund.
290290 7 (3) As soon as possible after the end of each fiscal
291291 8 year, the Director shall order transferred and the State
292292 9 Treasurer and State Comptroller shall transfer from the
293293 10 Income Tax Refund Fund to the Personal Property Tax
294294 11 Replacement Fund an amount, certified by the Director to
295295 12 the Comptroller, equal to the excess of the amount
296296 13 collected pursuant to subsections (c) and (d) of Section
297297 14 201 of this Act deposited into the Income Tax Refund Fund
298298 15 during the fiscal year over the amount of refunds
299299 16 resulting from overpayment of tax liability under
300300 17 subsections (c) and (d) of Section 201 of this Act paid
301301 18 from the Income Tax Refund Fund during the fiscal year.
302302 19 (4) As soon as possible after the end of each fiscal
303303 20 year, the Director shall order transferred and the State
304304 21 Treasurer and State Comptroller shall transfer from the
305305 22 Personal Property Tax Replacement Fund to the Income Tax
306306 23 Refund Fund an amount, certified by the Director to the
307307 24 Comptroller, equal to the excess of the amount of refunds
308308 25 resulting from overpayment of tax liability under
309309 26 subsections (c) and (d) of Section 201 of this Act paid
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320320 1 from the Income Tax Refund Fund during the fiscal year
321321 2 over the amount collected pursuant to subsections (c) and
322322 3 (d) of Section 201 of this Act deposited into the Income
323323 4 Tax Refund Fund during the fiscal year.
324324 5 (4.5) As soon as possible after the end of fiscal year
325325 6 1999 and of each fiscal year thereafter, the Director
326326 7 shall order transferred and the State Treasurer and State
327327 8 Comptroller shall transfer from the Income Tax Refund Fund
328328 9 to the General Revenue Fund any surplus remaining in the
329329 10 Income Tax Refund Fund as of the end of such fiscal year;
330330 11 excluding for fiscal years 2000, 2001, and 2002 amounts
331331 12 attributable to transfers under item (3) of subsection (c)
332332 13 less refunds resulting from the earned income tax credit,
333333 14 and excluding for fiscal year 2022 amounts attributable to
334334 15 transfers from the General Revenue Fund authorized by
335335 16 Public Act 102-700. For purposes of this item (4.5),
336336 17 "surplus" means the cash balance in the Income Tax Refund
337337 18 Fund at the end of such fiscal year, less amounts
338338 19 attributable to transfers under item (3) of this
339339 20 subsection (d).
340340 21 (5) This Act shall constitute an irrevocable and
341341 22 continuing appropriation from the Income Tax Refund Fund
342342 23 for the purposes of (i) paying refunds upon the order of
343343 24 the Director in accordance with the provisions of this
344344 25 Section and (ii) paying one-time rebate payments under
345345 26 Sections 208.5 and 212.1.
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356356 1 (e) Deposits into the Education Assistance Fund and the
357357 2 Income Tax Surcharge Local Government Distributive Fund. On
358358 3 July 1, 1991, and thereafter, of the amounts collected
359359 4 pursuant to subsections (a) and (b) of Section 201 of this Act,
360360 5 minus deposits into the Income Tax Refund Fund, the Department
361361 6 shall deposit 7.3% into the Education Assistance Fund in the
362362 7 State Treasury. Beginning July 1, 1991, and continuing through
363363 8 January 31, 1993, of the amounts collected pursuant to
364364 9 subsections (a) and (b) of Section 201 of the Illinois Income
365365 10 Tax Act, minus deposits into the Income Tax Refund Fund, the
366366 11 Department shall deposit 3.0% into the Income Tax Surcharge
367367 12 Local Government Distributive Fund in the State Treasury.
368368 13 Beginning February 1, 1993 and continuing through June 30,
369369 14 1993, of the amounts collected pursuant to subsections (a) and
370370 15 (b) of Section 201 of the Illinois Income Tax Act, minus
371371 16 deposits into the Income Tax Refund Fund, the Department shall
372372 17 deposit 4.4% into the Income Tax Surcharge Local Government
373373 18 Distributive Fund in the State Treasury. Beginning July 1,
374374 19 1993, and continuing through June 30, 1994, of the amounts
375375 20 collected under subsections (a) and (b) of Section 201 of this
376376 21 Act, minus deposits into the Income Tax Refund Fund, the
377377 22 Department shall deposit 1.475% into the Income Tax Surcharge
378378 23 Local Government Distributive Fund in the State Treasury.
379379 24 (f) Deposits into the Fund for the Advancement of
380380 25 Education. Beginning February 1, 2015, the Department shall
381381 26 deposit the following portions of the revenue realized from
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392392 1 the tax imposed upon individuals, trusts, and estates by
393393 2 subsections (a) and (b) of Section 201 of this Act, minus
394394 3 deposits into the Income Tax Refund Fund, into the Fund for the
395395 4 Advancement of Education:
396396 5 (1) beginning February 1, 2015, and prior to February
397397 6 1, 2025, 1/30; and
398398 7 (2) beginning February 1, 2025, 1/26.
399399 8 If the rate of tax imposed by subsection (a) and (b) of
400400 9 Section 201 is reduced pursuant to Section 201.5 of this Act,
401401 10 the Department shall not make the deposits required by this
402402 11 subsection (f) on or after the effective date of the
403403 12 reduction.
404404 13 (g) Deposits into the Commitment to Human Services Fund.
405405 14 Beginning February 1, 2015, the Department shall deposit the
406406 15 following portions of the revenue realized from the tax
407407 16 imposed upon individuals, trusts, and estates by subsections
408408 17 (a) and (b) of Section 201 of this Act, minus deposits into the
409409 18 Income Tax Refund Fund, into the Commitment to Human Services
410410 19 Fund:
411411 20 (1) beginning February 1, 2015, and prior to February
412412 21 1, 2025, 1/30; and
413413 22 (2) beginning February 1, 2025, 1/26.
414414 23 If the rate of tax imposed by subsection (a) and (b) of
415415 24 Section 201 is reduced pursuant to Section 201.5 of this Act,
416416 25 the Department shall not make the deposits required by this
417417 26 subsection (g) on or after the effective date of the
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428428 1 reduction.
429429 2 (h) Deposits into the Tax Compliance and Administration
430430 3 Fund. Beginning on the first day of the first calendar month to
431431 4 occur on or after August 26, 2014 (the effective date of Public
432432 5 Act 98-1098), each month the Department shall pay into the Tax
433433 6 Compliance and Administration Fund, to be used, subject to
434434 7 appropriation, to fund additional auditors and compliance
435435 8 personnel at the Department, an amount equal to 1/12 of 5% of
436436 9 the cash receipts collected during the preceding fiscal year
437437 10 by the Audit Bureau of the Department from the tax imposed by
438438 11 subsections (a), (b), (c), and (d) of Section 201 of this Act,
439439 12 net of deposits into the Income Tax Refund Fund made from those
440440 13 cash receipts.
441441 14 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
442442 15 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
443443 16 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
444444 17 eff. 6-30-23; 103-588, eff. 6-5-24.)
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