Bill Text: IL SB1406 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Business Corporation Act of 1983. Provides that, in the case of a domestic or foreign corporation, no payment is required for a franchise tax that would have been due and payable on or after January 1, 2024. Repeals the provisions on January 1, 2025. Directs the Legislative Reference Bureau to prepare a bill effecting necessary changes to conform the statutes to the changes made by the amendatory Act. Effective immediately.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced) 2024-01-26 - Added as Co-Sponsor Sen. Neil Anderson [SB1406 Detail]
Download: Illinois-2023-SB1406-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Business Corporation Act of 1983 is amended | |||||||||||||||||||||||
5 | by changing Sections 15.35 and 15.65 and by adding Section | |||||||||||||||||||||||
6 | 15.98 as follows:
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7 | (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
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8 | (Text of Section from P.A. 102-16)
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9 | Sec. 15.35. Franchise taxes payable by domestic | |||||||||||||||||||||||
10 | corporations. For the privilege of exercising its franchises | |||||||||||||||||||||||
11 | in this State, each
domestic corporation shall pay to the | |||||||||||||||||||||||
12 | Secretary of State the following
franchise taxes, computed on | |||||||||||||||||||||||
13 | the basis, at the rates and for the periods
prescribed in this | |||||||||||||||||||||||
14 | Act:
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15 | (a) An initial franchise tax at the time of filing its | |||||||||||||||||||||||
16 | first report of
issuance of shares.
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17 | (b) An additional franchise tax at the time of filing | |||||||||||||||||||||||
18 | (1) a report of
the issuance of additional shares, or (2) a | |||||||||||||||||||||||
19 | report of an increase in paid-in
capital without the | |||||||||||||||||||||||
20 | issuance of shares, or (3) an amendment to the articles
of | |||||||||||||||||||||||
21 | incorporation or a report of cumulative changes in paid-in | |||||||||||||||||||||||
22 | capital,
whenever any amendment or such report discloses | |||||||||||||||||||||||
23 | an increase in its paid-in
capital over the amount thereof |
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1 | last reported in any document, other than
an annual | ||||||
2 | report, interim annual report or final transition annual | ||||||
3 | report
required by this Act to be filed in the office of | ||||||
4 | the Secretary of State.
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5 | (c) An additional franchise tax at the time of filing | ||||||
6 | a report of paid-in
capital following a statutory merger | ||||||
7 | or consolidation, which discloses that
the paid-in capital | ||||||
8 | of the surviving or new corporation immediately after
the | ||||||
9 | merger or consolidation is greater than the sum of the | ||||||
10 | paid-in capital
of all of the merged or consolidated | ||||||
11 | corporations as last reported
by them in any documents, | ||||||
12 | other than annual reports, required by this Act
to be | ||||||
13 | filed in the office of the Secretary of State; and in | ||||||
14 | addition, the
surviving or new corporation shall be liable | ||||||
15 | for a further additional franchise
tax on the paid-in | ||||||
16 | capital of each of the merged or consolidated
corporations | ||||||
17 | as last reported by them in any document, other than an | ||||||
18 | annual
report, required by this Act to be filed with the | ||||||
19 | Secretary of State from
their taxable year end to the next | ||||||
20 | succeeding anniversary month or, in
the case of a | ||||||
21 | corporation which has established an extended filing | ||||||
22 | month,
the extended filing month of the surviving or new | ||||||
23 | corporation; however if
the taxable year ends within the | ||||||
24 | 2-month period immediately preceding the
anniversary month | ||||||
25 | or, in the case of a corporation which has established an
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26 | extended filing month, the extended filing month of the |
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1 | surviving or new
corporation the tax will be computed to | ||||||
2 | the anniversary month or, in the
case of a corporation | ||||||
3 | which has established an extended filing month, the
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4 | extended filing month of the surviving or new corporation | ||||||
5 | in the next
succeeding calendar year.
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6 | (d) An annual franchise tax payable each year with the | ||||||
7 | annual report
which the corporation is required by this | ||||||
8 | Act to file.
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9 | On or after January 1, 2020 and before prior to January 1, | ||||||
10 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
11 | under this Section. On or after January 1, 2021 and before | ||||||
12 | January 1, 2022 , the first $1,000 in liability is exempt from | ||||||
13 | the tax imposed under this Section. On or after January 1, 2022 | ||||||
14 | and before January 1, 2023, the first $10,000 in liability is | ||||||
15 | exempt from the tax imposed under this Section. On or after | ||||||
16 | January 1, 2023 and before January 1, 2024, the first $100,000 | ||||||
17 | in liability is exempt from the tax imposed under this | ||||||
18 | Section. The provisions of this Section shall not require the | ||||||
19 | payment of any franchise tax that would otherwise have been | ||||||
20 | due and payable on or after January 1, 2024. There shall be no | ||||||
21 | refunds or proration of franchise tax for any taxes due and | ||||||
22 | payable on or after January 1, 2024 on the basis that a portion | ||||||
23 | of the corporation's taxable year extends beyond January 1, | ||||||
24 | 2024. Public Act 101-9 shall not affect any right accrued or | ||||||
25 | established, or any liability or penalty incurred prior to | ||||||
26 | January 1, 2024. |
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1 | This Section is repealed on January 1, 2025. | ||||||
2 | (Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)
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3 | (Text of Section from P.A. 102-282)
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4 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
5 | corporations. For the privilege of exercising its franchises | ||||||
6 | in this State, each
domestic corporation shall pay to the | ||||||
7 | Secretary of State the following
franchise taxes, computed on | ||||||
8 | the basis, at the rates and for the periods
prescribed in this | ||||||
9 | Act:
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10 | (a) An initial franchise tax at the time of filing its | ||||||
11 | first report of
issuance of shares.
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12 | (b) An additional franchise tax at the time of filing | ||||||
13 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
14 | report of an increase in paid-in
capital without the | ||||||
15 | issuance of shares, or (3) an amendment to the articles
of | ||||||
16 | incorporation or a report of cumulative changes in paid-in | ||||||
17 | capital,
whenever any amendment or such report discloses | ||||||
18 | an increase in its paid-in
capital over the amount thereof | ||||||
19 | last reported in any document, other than
an annual | ||||||
20 | report, interim annual report or final transition annual | ||||||
21 | report
required by this Act to be filed in the office of | ||||||
22 | the Secretary of State.
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23 | (c) An additional franchise tax at the time of filing | ||||||
24 | a report of paid-in
capital following a statutory merger | ||||||
25 | or consolidation, which discloses that
the paid-in capital |
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1 | of the surviving or new corporation immediately after
the | ||||||
2 | merger or consolidation is greater than the sum of the | ||||||
3 | paid-in capital
of all of the merged or consolidated | ||||||
4 | corporations as last reported
by them in any documents, | ||||||
5 | other than annual reports, required by this Act
to be | ||||||
6 | filed in the office of the Secretary of State; and in | ||||||
7 | addition, the
surviving or new corporation shall be liable | ||||||
8 | for a further additional franchise
tax on the paid-in | ||||||
9 | capital of each of the merged or consolidated
corporations | ||||||
10 | as last reported by them in any document, other than an | ||||||
11 | annual
report, required by this Act to be filed with the | ||||||
12 | Secretary of State from
their taxable year end to the next | ||||||
13 | succeeding anniversary month or, in
the case of a | ||||||
14 | corporation which has established an extended filing | ||||||
15 | month,
the extended filing month of the surviving or new | ||||||
16 | corporation; however if
the taxable year ends within the | ||||||
17 | 2-month period immediately preceding the
anniversary month | ||||||
18 | or, in the case of a corporation which has established an
| ||||||
19 | extended filing month, the extended filing month of the | ||||||
20 | surviving or new
corporation the tax will be computed to | ||||||
21 | the anniversary month or, in the
case of a corporation | ||||||
22 | which has established an extended filing month, the
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23 | extended filing month of the surviving or new corporation | ||||||
24 | in the next
succeeding calendar year.
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25 | (d) An annual franchise tax payable each year with the | ||||||
26 | annual report
which the corporation is required by this |
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1 | Act to file.
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2 | On or after January 1, 2020 and before prior to January 1, | ||||||
3 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
4 | under this Section. On or after January 1, 2021 and before | ||||||
5 | prior to January 1, 2022, the first $1,000 in liability is | ||||||
6 | exempt from the tax imposed under this Section. On or after | ||||||
7 | January 1, 2022 and before prior to January 1, 2023, the first | ||||||
8 | $10,000 in liability is exempt from the tax imposed under this | ||||||
9 | Section. On or after January 1, 2023 and before prior to | ||||||
10 | January 1, 2024, the first $100,000 in liability is exempt | ||||||
11 | from the tax imposed under this Section. The provisions of | ||||||
12 | this Section shall not require the payment of any franchise | ||||||
13 | tax that would otherwise have been due and payable on or after | ||||||
14 | January 1, 2024. There shall be no refunds or proration of | ||||||
15 | franchise tax for any taxes due and payable on or after January | ||||||
16 | 1, 2024 on the basis that a portion of the corporation's | ||||||
17 | taxable year extends beyond January 1, 2024. Public Act 101-9 | ||||||
18 | shall not affect any right accrued or established, or any | ||||||
19 | liability or penalty incurred prior to January 1, 2024. | ||||||
20 | This Section is repealed on January 1, 2025 December 31, | ||||||
21 | 2024 . | ||||||
22 | (Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
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23 | (Text of Section from P.A. 102-558)
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24 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
25 | corporations. For the privilege of exercising its franchises |
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1 | in this State, each
domestic corporation shall pay to the | ||||||
2 | Secretary of State the following
franchise taxes, computed on | ||||||
3 | the basis, at the rates and for the periods
prescribed in this | ||||||
4 | Act:
| ||||||
5 | (a) An initial franchise tax at the time of filing its | ||||||
6 | first report of
issuance of shares.
| ||||||
7 | (b) An additional franchise tax at the time of filing | ||||||
8 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
9 | report of an increase in paid-in
capital without the | ||||||
10 | issuance of shares, or (3) an amendment to the articles
of | ||||||
11 | incorporation or a report of cumulative changes in paid-in | ||||||
12 | capital,
whenever any amendment or such report discloses | ||||||
13 | an increase in its paid-in
capital over the amount thereof | ||||||
14 | last reported in any document, other than
an annual | ||||||
15 | report, interim annual report or final transition annual | ||||||
16 | report
required by this Act to be filed in the office of | ||||||
17 | the Secretary of State.
| ||||||
18 | (c) An additional franchise tax at the time of filing | ||||||
19 | a report of paid-in
capital following a statutory merger | ||||||
20 | or consolidation, which discloses that
the paid-in capital | ||||||
21 | of the surviving or new corporation immediately after
the | ||||||
22 | merger or consolidation is greater than the sum of the | ||||||
23 | paid-in capital
of all of the merged or consolidated | ||||||
24 | corporations as last reported
by them in any documents, | ||||||
25 | other than annual reports, required by this Act
to be | ||||||
26 | filed in the office of the Secretary of State; and in |
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| |||||||
1 | addition, the
surviving or new corporation shall be liable | ||||||
2 | for a further additional franchise
tax on the paid-in | ||||||
3 | capital of each of the merged or consolidated
corporations | ||||||
4 | as last reported by them in any document, other than an | ||||||
5 | annual
report, required by this Act to be filed with the | ||||||
6 | Secretary of State from
their taxable year end to the next | ||||||
7 | succeeding anniversary month or, in
the case of a | ||||||
8 | corporation which has established an extended filing | ||||||
9 | month,
the extended filing month of the surviving or new | ||||||
10 | corporation; however if
the taxable year ends within the | ||||||
11 | 2-month period immediately preceding the
anniversary month | ||||||
12 | or, in the case of a corporation which has established an
| ||||||
13 | extended filing month, the extended filing month of the | ||||||
14 | surviving or new
corporation the tax will be computed to | ||||||
15 | the anniversary month or, in the
case of a corporation | ||||||
16 | which has established an extended filing month, the
| ||||||
17 | extended filing month of the surviving or new corporation | ||||||
18 | in the next
succeeding calendar year.
| ||||||
19 | (d) An annual franchise tax payable each year with the | ||||||
20 | annual report
which the corporation is required by this | ||||||
21 | Act to file.
| ||||||
22 | On or after January 1, 2020 and before prior to January 1, | ||||||
23 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
24 | under this Section. On or after January 1, 2021 and before | ||||||
25 | prior to January 1, 2022, the first $1,000 in liability is | ||||||
26 | exempt from the tax imposed under this Section. On or after |
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1 | January 1, 2022 and before prior to January 1, 2023, the first | ||||||
2 | $10,000 in liability is exempt from the tax imposed under this | ||||||
3 | Section. On or after January 1, 2023 and before prior to | ||||||
4 | January 1, 2024, the first $100,000 in liability is exempt | ||||||
5 | from the tax imposed under this Section. The provisions of | ||||||
6 | this Section shall not require the payment of any franchise | ||||||
7 | tax that would otherwise have been due and payable on or after | ||||||
8 | January 1, 2024. There shall be no refunds or proration of | ||||||
9 | franchise tax for any taxes due and payable on or after January | ||||||
10 | 1, 2024 on the basis that a portion of the corporation's | ||||||
11 | taxable year extends beyond January 1, 2024. Public Act 101-9 | ||||||
12 | shall not affect any right accrued or established, or any | ||||||
13 | liability or penalty incurred prior to January 1, 2024. | ||||||
14 | This Section is repealed on January 1, 2025 December 31, | ||||||
15 | 2025 . | ||||||
16 | (Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21. )
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17 | (805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
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18 | Sec. 15.65. Franchise taxes payable by foreign | ||||||
19 | corporations. For the privilege of exercising its authority to | ||||||
20 | transact such business
in this State as set out in its | ||||||
21 | application therefor or any amendment
thereto, each foreign | ||||||
22 | corporation shall pay to the Secretary of State the
following | ||||||
23 | franchise taxes, computed on the basis, at the rates and for | ||||||
24 | the
periods prescribed in this Act:
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25 | (a) An initial franchise tax at the time of filing its |
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1 | application for
authority to transact business in this | ||||||
2 | State.
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3 | (b) An additional franchise tax at the time of filing | ||||||
4 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
5 | report of an increase in paid-in
capital without the | ||||||
6 | issuance of shares, or (3) a report of cumulative
changes | ||||||
7 | in paid-in capital or a report of an exchange or | ||||||
8 | reclassification
of shares, whenever any such report | ||||||
9 | discloses an increase in its paid-in
capital over the | ||||||
10 | amount thereof last reported in any document, other than
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11 | an annual report, interim annual report or final | ||||||
12 | transition annual report,
required by this Act to be filed | ||||||
13 | in the office of the Secretary of State.
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14 | (c) Whenever the corporation shall be a party to a | ||||||
15 | statutory merger and
shall be the surviving corporation, | ||||||
16 | an additional franchise tax at the time
of filing its | ||||||
17 | report following merger, if such report discloses that the
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18 | amount represented in this State of its paid-in capital | ||||||
19 | immediately after
the merger is greater than the aggregate | ||||||
20 | of the amounts represented in this
State of the paid-in | ||||||
21 | capital of such of the merged corporations as were
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22 | authorized to transact business in this State at the time | ||||||
23 | of the merger, as
last reported by them in any documents, | ||||||
24 | other than annual reports, required
by this Act to be | ||||||
25 | filed in the office of the Secretary of State; and in
| ||||||
26 | addition, the surviving corporation shall be liable for a |
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1 | further
additional franchise tax on the paid-in capital of | ||||||
2 | each of the merged
corporations as last reported by them | ||||||
3 | in any document, other than an annual
report, required by | ||||||
4 | this Act to be filed with the Secretary
of State, from | ||||||
5 | their taxable year end to the next succeeding anniversary
| ||||||
6 | month or, in the case of a corporation which has | ||||||
7 | established an extended
filing month, the extended filing | ||||||
8 | month of the surviving corporation;
however if the taxable | ||||||
9 | year ends within the 2-month period immediately
preceding | ||||||
10 | the anniversary month or the extended filing month of the
| ||||||
11 | surviving corporation, the tax will be computed to the | ||||||
12 | anniversary or,
extended filing month of the surviving | ||||||
13 | corporation in the next succeeding
calendar year.
| ||||||
14 | (d) An annual franchise tax payable each year with any
| ||||||
15 | annual report which the corporation is required by this | ||||||
16 | Act to file.
| ||||||
17 | On or after January 1, 2020 and before prior to January 1, | ||||||
18 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
19 | under this Section. On or after January 1, 2021 and before | ||||||
20 | January 1, 2024 , the first $1,000 in liability is exempt from | ||||||
21 | the tax imposed under this Section. The provisions of this | ||||||
22 | Section shall not require the payment of any franchise tax | ||||||
23 | that would otherwise have been due and payable on or after | ||||||
24 | January 1, 2024. There shall be no refunds or proration of | ||||||
25 | franchise tax for any taxes due and payable on or after January | ||||||
26 | 1, 2024 on the basis that a portion of the corporation's |
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1 | taxable year extends beyond January 1, 2024. This amendatory | ||||||
2 | Act of the 103rd General Assembly shall not affect any right | ||||||
3 | accrued or established, or any liability or penalty incurred | ||||||
4 | prior to January 1, 2024. | ||||||
5 | This Section is repealed on January 1, 2025. | ||||||
6 | (Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21; | ||||||
7 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22 .)
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8 | (805 ILCS 5/15.98 new) | ||||||
9 | Sec. 15.98. Preparation of bill. The Legislative Reference | ||||||
10 | Bureau shall prepare for introduction in the 2024 spring | ||||||
11 | session of the General Assembly a bill effecting such changes | ||||||
12 | in the statutes as may be necessary to conform the statutes to | ||||||
13 | the changes in law made by this amendatory Act of the 103rd | ||||||
14 | General Assembly.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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