Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0134

Introduced
1/17/25  

Caption

ESTATE TAX-SPOUSAL EXCLUSION

Impact

If passed, SB0134 could significantly affect taxpayers in Illinois, particularly those dealing with estate planning and taxes upon the death of a spouse. This bill is expected to provide a clearer pathway for beneficiaries to utilize unused estate tax exclusions from deceased spouses, which could result in reduced estate tax liabilities for surviving spouses. As this law allows for the synchronization of state and federal tax benefits, it aims to ensure that surviving spouses are not disadvantaged due to the absence of their partners.

Summary

SB0134 is a legislative proposal aimed at amending the Illinois Estate and Generation-Skipping Transfer Tax Act. The bill proposes that for individuals who die on or after January 1, 2026, if they have made a valid election under the Internal Revenue Code, they may include their Illinois deceased spousal unused exclusion amount in calculating their federal estate tax. This amendment is designed to align state estate tax provisions with federal regulations, thereby simplifying the process for taxpayers who are navigating both state and federal tax implications.

Contention

Discussions surrounding SB0134 may invoke varying opinions among stakeholders. Supporters include estate planners and financial advisors who argue that the bill will improve the clarity and efficiency of estate tax calculations and ease the financial burden on families. Conversely, some critics may express concerns regarding the implications of adding complexities to what is already a challenging financial process, arguing that any changes to tax laws should be thoroughly examined for their long-term impacts on state revenue and taxpayer equity.

Companion Bills

No companion bills found.

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