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Illinois House Bill HB2897

Illinois 2025-2026 Regular Session

Illinois House Bill HB2897 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2897 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED: 35 ILCS 5/901 Amends the Illinois Income Tax Act. Provides that, beginning July 1, 2025, the Department of Revenue shall deposit 10% of the net revenue realized from the income taxes imposed under the Act directly into the Local Government Distributive Fund as that revenue is realized. Effective immediately. LRB104 11461 HLH 21549 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2897 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED: 35 ILCS 5/901 35 ILCS 5/901 Amends the Illinois Income Tax Act. Provides that, beginning July 1, 2025, the Department of Revenue shall deposit 10% of the net revenue realized from the income taxes imposed under the Act directly into the Local Government Distributive Fund as that revenue is realized. Effective immediately. LRB104 11461 HLH 21549 b LRB104 11461 HLH 21549 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2897 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
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55 Amends the Illinois Income Tax Act. Provides that, beginning July 1, 2025, the Department of Revenue shall deposit 10% of the net revenue realized from the income taxes imposed under the Act directly into the Local Government Distributive Fund as that revenue is realized. 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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4040 Amends the Illinois Income Tax Act. Provides that, beginning July 1, 2025, the Department of Revenue shall deposit 10% of the net revenue realized from the income taxes imposed under the Act directly into the Local Government Distributive Fund as that revenue is realized. 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.
8787 20 Beginning August 1, 2022 and continuing through July 31,
8888 21 2023, the Treasurer shall transfer each month from the General
8989 22 Revenue Fund to the Local Government Distributive Fund an
9090 23 amount equal to the sum of: (i) 6.16% of the net revenue
9191 24 realized from the tax imposed by subsections (a) and (b) of
9292 25 Section 201 of this Act upon individuals, trusts, and estates
9393 26 during the preceding month; (ii) 6.85% of the net revenue
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104104 1 realized from the tax imposed by subsections (a) and (b) of
105105 2 Section 201 of this Act upon corporations during the preceding
106106 3 month; and (iii) 6.16% of the net revenue realized from the tax
107107 4 imposed by subsection (p) of Section 201 of this Act upon
108108 5 electing pass-through entities.
109109 6 Beginning August 1, 2023 and continuing through June 30,
110110 7 2025, the Treasurer shall transfer each month from the General
111111 8 Revenue Fund to the Local Government Distributive Fund an
112112 9 amount equal to the sum of: (i) 6.47% of the net revenue
113113 10 realized from the tax imposed by subsections (a) and (b) of
114114 11 Section 201 of this Act upon individuals, trusts, and estates
115115 12 during the preceding month; (ii) 6.85% of the net revenue
116116 13 realized from the tax imposed by subsections (a) and (b) of
117117 14 Section 201 of this Act upon corporations during the preceding
118118 15 month; and (iii) 6.47% of the net revenue realized from the tax
119119 16 imposed by subsection (p) of Section 201 of this Act upon
120120 17 electing pass-through entities.
121121 18 Beginning July 1, 2025, the Department shall deposit 10%
122122 19 of the net revenue realized from the taxes imposed by
123123 20 subsections (a), (b), and (p) of Section 201 directly into the
124124 21 Local Government Distributive Fund as that revenue is
125125 22 realized.
126126 23 Net revenue realized for a month shall be defined as the
127127 24 revenue from the tax imposed by subsections (a) and (b) of
128128 25 Section 201 of this Act which is deposited into the General
129129 26 Revenue Fund, the Education Assistance Fund, the Income Tax
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140140 1 Surcharge Local Government Distributive Fund, the Fund for the
141141 2 Advancement of Education, and the Commitment to Human Services
142142 3 Fund during the month minus the amount paid out of the General
143143 4 Revenue Fund in State warrants during that same month as
144144 5 refunds to taxpayers for overpayment of liability under the
145145 6 tax imposed by subsections (a) and (b) of Section 201 of this
146146 7 Act.
147147 8 Notwithstanding any provision of law to the contrary,
148148 9 beginning on July 6, 2017 (the effective date of Public Act
149149 10 100-23), those amounts required under this subsection (b) to
150150 11 be transferred by the Treasurer into the Local Government
151151 12 Distributive Fund from the General Revenue Fund shall be
152152 13 directly deposited into the Local Government Distributive Fund
153153 14 as the revenue is realized from the tax imposed by subsections
154154 15 (a) and (b) of Section 201 of this Act.
155155 16 (c) Deposits Into Income Tax Refund Fund.
156156 17 (1) Beginning on January 1, 1989 and thereafter, the
157157 18 Department shall deposit a percentage of the amounts
158158 19 collected pursuant to subsections (a) and (b)(1), (2), and
159159 20 (3) of Section 201 of this Act into a fund in the State
160160 21 treasury known as the Income Tax Refund Fund. Beginning
161161 22 with State fiscal year 1990 and for each fiscal year
162162 23 thereafter, the percentage deposited into the Income Tax
163163 24 Refund Fund during a fiscal year shall be the Annual
164164 25 Percentage. For fiscal year 2011, the Annual Percentage
165165 26 shall be 8.75%. For fiscal year 2012, the Annual
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176176 1 Percentage shall be 8.75%. For fiscal year 2013, the
177177 2 Annual Percentage shall be 9.75%. For fiscal year 2014,
178178 3 the Annual Percentage shall be 9.5%. For fiscal year 2015,
179179 4 the Annual Percentage shall be 10%. For fiscal year 2018,
180180 5 the Annual Percentage shall be 9.8%. For fiscal year 2019,
181181 6 the Annual Percentage shall be 9.7%. For fiscal year 2020,
182182 7 the Annual Percentage shall be 9.5%. For fiscal year 2021,
183183 8 the Annual Percentage shall be 9%. For fiscal year 2022,
184184 9 the Annual Percentage shall be 9.25%. For fiscal year
185185 10 2023, the Annual Percentage shall be 9.25%. For fiscal
186186 11 year 2024, the Annual Percentage shall be 9.15%. For
187187 12 fiscal year 2025, the Annual Percentage shall be 9.15%.
188188 13 For all other fiscal years, the Annual Percentage shall be
189189 14 calculated as a fraction, the numerator of which shall be
190190 15 the amount of refunds approved for payment by the
191191 16 Department during the preceding fiscal year as a result of
192192 17 overpayment of tax liability under subsections (a) and
193193 18 (b)(1), (2), and (3) of Section 201 of this Act plus the
194194 19 amount of such refunds remaining approved but unpaid at
195195 20 the end of the preceding fiscal year, minus the amounts
196196 21 transferred into the Income Tax Refund Fund from the
197197 22 Tobacco Settlement Recovery Fund, and the denominator of
198198 23 which shall be the amounts which will be collected
199199 24 pursuant to subsections (a) and (b)(1), (2), and (3) of
200200 25 Section 201 of this Act during the preceding fiscal year;
201201 26 except that in State fiscal year 2002, the Annual
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212212 1 Percentage shall in no event exceed 7.6%. The Director of
213213 2 Revenue shall certify the Annual Percentage to the
214214 3 Comptroller on the last business day of the fiscal year
215215 4 immediately preceding the fiscal year for which it is to
216216 5 be effective.
217217 6 (2) Beginning on January 1, 1989 and thereafter, the
218218 7 Department shall deposit a percentage of the amounts
219219 8 collected pursuant to subsections (a) and (b)(6), (7), and
220220 9 (8), (c) and (d) of Section 201 of this Act into a fund in
221221 10 the State treasury known as the Income Tax Refund Fund.
222222 11 Beginning with State fiscal year 1990 and for each fiscal
223223 12 year thereafter, the percentage deposited into the Income
224224 13 Tax Refund Fund during a fiscal year shall be the Annual
225225 14 Percentage. For fiscal year 2011, the Annual Percentage
226226 15 shall be 17.5%. For fiscal year 2012, the Annual
227227 16 Percentage shall be 17.5%. For fiscal year 2013, the
228228 17 Annual Percentage shall be 14%. For fiscal year 2014, the
229229 18 Annual Percentage shall be 13.4%. For fiscal year 2015,
230230 19 the Annual Percentage shall be 14%. For fiscal year 2018,
231231 20 the Annual Percentage shall be 17.5%. For fiscal year
232232 21 2019, the Annual Percentage shall be 15.5%. For fiscal
233233 22 year 2020, the Annual Percentage shall be 14.25%. For
234234 23 fiscal year 2021, the Annual Percentage shall be 14%. For
235235 24 fiscal year 2022, the Annual Percentage shall be 15%. For
236236 25 fiscal year 2023, the Annual Percentage shall be 14.5%.
237237 26 For fiscal year 2024, the Annual Percentage shall be 14%.
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248248 1 For fiscal year 2025, the Annual Percentage shall be 14%.
249249 2 For all other fiscal years, the Annual Percentage shall be
250250 3 calculated as a fraction, the numerator of which shall be
251251 4 the amount of refunds approved for payment by the
252252 5 Department during the preceding fiscal year as a result of
253253 6 overpayment of tax liability under subsections (a) and
254254 7 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
255255 8 Act plus the amount of such refunds remaining approved but
256256 9 unpaid at the end of the preceding fiscal year, and the
257257 10 denominator of which shall be the amounts which will be
258258 11 collected pursuant to subsections (a) and (b)(6), (7), and
259259 12 (8), (c) and (d) of Section 201 of this Act during the
260260 13 preceding fiscal year; except that in State fiscal year
261261 14 2002, the Annual Percentage shall in no event exceed 23%.
262262 15 The Director of Revenue shall certify the Annual
263263 16 Percentage to the Comptroller on the last business day of
264264 17 the fiscal year immediately preceding the fiscal year for
265265 18 which it is to be effective.
266266 19 (3) The Comptroller shall order transferred and the
267267 20 Treasurer shall transfer from the Tobacco Settlement
268268 21 Recovery Fund to the Income Tax Refund Fund (i)
269269 22 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
270270 23 2002, and (iii) $35,000,000 in January, 2003.
271271 24 (d) Expenditures from Income Tax Refund Fund.
272272 25 (1) Beginning January 1, 1989, money in the Income Tax
273273 26 Refund Fund shall be expended exclusively for the purpose
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284284 1 of paying refunds resulting from overpayment of tax
285285 2 liability under Section 201 of this Act and for making
286286 3 transfers pursuant to this subsection (d), except that in
287287 4 State fiscal years 2022 and 2023, moneys in the Income Tax
288288 5 Refund Fund shall also be used to pay one-time rebate
289289 6 payments as provided under Sections 208.5 and 212.1.
290290 7 (2) The Director shall order payment of refunds
291291 8 resulting from overpayment of tax liability under Section
292292 9 201 of this Act from the Income Tax Refund Fund only to the
293293 10 extent that amounts collected pursuant to Section 201 of
294294 11 this Act and transfers pursuant to this subsection (d) and
295295 12 item (3) of subsection (c) have been deposited and
296296 13 retained in the Fund.
297297 14 (3) As soon as possible after the end of each fiscal
298298 15 year, the Director shall order transferred and the State
299299 16 Treasurer and State Comptroller shall transfer from the
300300 17 Income Tax Refund Fund to the Personal Property Tax
301301 18 Replacement Fund an amount, certified by the Director to
302302 19 the Comptroller, equal to the excess of the amount
303303 20 collected pursuant to subsections (c) and (d) of Section
304304 21 201 of this Act deposited into the Income Tax Refund Fund
305305 22 during the fiscal year over the amount of refunds
306306 23 resulting from overpayment of tax liability under
307307 24 subsections (c) and (d) of Section 201 of this Act paid
308308 25 from the Income Tax Refund Fund during the fiscal year.
309309 26 (4) As soon as possible after the end of each fiscal
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320320 1 year, the Director shall order transferred and the State
321321 2 Treasurer and State Comptroller shall transfer from the
322322 3 Personal Property Tax Replacement Fund to the Income Tax
323323 4 Refund Fund an amount, certified by the Director to the
324324 5 Comptroller, equal to the excess of the amount of refunds
325325 6 resulting from overpayment of tax liability under
326326 7 subsections (c) and (d) of Section 201 of this Act paid
327327 8 from the Income Tax Refund Fund during the fiscal year
328328 9 over the amount collected pursuant to subsections (c) and
329329 10 (d) of Section 201 of this Act deposited into the Income
330330 11 Tax Refund Fund during the fiscal year.
331331 12 (4.5) As soon as possible after the end of fiscal year
332332 13 1999 and of each fiscal year thereafter, the Director
333333 14 shall order transferred and the State Treasurer and State
334334 15 Comptroller shall transfer from the Income Tax Refund Fund
335335 16 to the General Revenue Fund any surplus remaining in the
336336 17 Income Tax Refund Fund as of the end of such fiscal year;
337337 18 excluding for fiscal years 2000, 2001, and 2002 amounts
338338 19 attributable to transfers under item (3) of subsection (c)
339339 20 less refunds resulting from the earned income tax credit,
340340 21 and excluding for fiscal year 2022 amounts attributable to
341341 22 transfers from the General Revenue Fund authorized by
342342 23 Public Act 102-700.
343343 24 (5) This Act shall constitute an irrevocable and
344344 25 continuing appropriation from the Income Tax Refund Fund
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356356 1 the Director in accordance with the provisions of this
357357 2 Section and (ii) paying one-time rebate payments under
358358 3 Sections 208.5 and 212.1.
359359 4 (e) Deposits into the Education Assistance Fund and the
360360 5 Income Tax Surcharge Local Government Distributive Fund. On
361361 6 July 1, 1991, and thereafter, of the amounts collected
362362 7 pursuant to subsections (a) and (b) of Section 201 of this Act,
363363 8 minus deposits into the Income Tax Refund Fund, the Department
364364 9 shall deposit 7.3% into the Education Assistance Fund in the
365365 10 State Treasury. Beginning July 1, 1991, and continuing through
366366 11 January 31, 1993, of the amounts collected pursuant to
367367 12 subsections (a) and (b) of Section 201 of the Illinois Income
368368 13 Tax Act, minus deposits into the Income Tax Refund Fund, the
369369 14 Department shall deposit 3.0% into the Income Tax Surcharge
370370 15 Local Government Distributive Fund in the State Treasury.
371371 16 Beginning February 1, 1993 and continuing through June 30,
372372 17 1993, of the amounts collected pursuant to subsections (a) and
373373 18 (b) of Section 201 of the Illinois Income Tax Act, minus
374374 19 deposits into the Income Tax Refund Fund, the Department shall
375375 20 deposit 4.4% into the Income Tax Surcharge Local Government
376376 21 Distributive Fund in the State Treasury. Beginning July 1,
377377 22 1993, and continuing through June 30, 1994, of the amounts
378378 23 collected under subsections (a) and (b) of Section 201 of this
379379 24 Act, minus deposits into the Income Tax Refund Fund, the
380380 25 Department shall deposit 1.475% into the Income Tax Surcharge
381381 26 Local Government Distributive Fund in the State Treasury.
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392392 1 (f) Deposits into the Fund for the Advancement of
393393 2 Education. Beginning February 1, 2015, the Department shall
394394 3 deposit the following portions of the revenue realized from
395395 4 the tax imposed upon individuals, trusts, and estates by
396396 5 subsections (a) and (b) of Section 201 of this Act, minus
397397 6 deposits into the Income Tax Refund Fund, into the Fund for the
398398 7 Advancement of Education:
399399 8 (1) beginning February 1, 2015, and prior to February
400400 9 1, 2025, 1/30; and
401401 10 (2) beginning February 1, 2025, 1/26.
402402 11 If the rate of tax imposed by subsection (a) and (b) of
403403 12 Section 201 is reduced pursuant to Section 201.5 of this Act,
404404 13 the Department shall not make the deposits required by this
405405 14 subsection (f) on or after the effective date of the
406406 15 reduction.
407407 16 (g) Deposits into the Commitment to Human Services Fund.
408408 17 Beginning February 1, 2015, the Department shall deposit the
409409 18 following portions of the revenue realized from the tax
410410 19 imposed upon individuals, trusts, and estates by subsections
411411 20 (a) and (b) of Section 201 of this Act, minus deposits into the
412412 21 Income Tax Refund Fund, into the Commitment to Human Services
413413 22 Fund:
414414 23 (1) beginning February 1, 2015, and prior to February
415415 24 1, 2025, 1/30; and
416416 25 (2) beginning February 1, 2025, 1/26.
417417 26 If the rate of tax imposed by subsection (a) and (b) of
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428428 1 Section 201 is reduced pursuant to Section 201.5 of this Act,
429429 2 the Department shall not make the deposits required by this
430430 3 subsection (g) on or after the effective date of the
431431 4 reduction.
432432 5 (h) Deposits into the Tax Compliance and Administration
433433 6 Fund. Beginning on the first day of the first calendar month to
434434 7 occur on or after August 26, 2014 (the effective date of Public
435435 8 Act 98-1098), each month the Department shall pay into the Tax
436436 9 Compliance and Administration Fund, to be used, subject to
437437 10 appropriation, to fund additional auditors and compliance
438438 11 personnel at the Department, an amount equal to 1/12 of 5% of
439439 12 the cash receipts collected during the preceding fiscal year
440440 13 by the Audit Bureau of the Department from the tax imposed by
441441 14 subsections (a), (b), (c), and (d) of Section 201 of this Act,
442442 15 net of deposits into the Income Tax Refund Fund made from those
443443 16 cash receipts.
444444 17 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
445445 18 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
446446 19 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
447447 20 eff. 6-30-23; 103-588, eff. 6-5-24.)
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