Bill Text: IL SB1627 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying on or after January 1, 2024, the person's adjusted taxable estate shall not include the value of the decedent's ownership interest in qualified farm property. Provides that certain donations must be made to food banks for property to be considered qualified farm property. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-02-01 - Added as Co-Sponsor Sen. Sally J. Turner [SB1627 Detail]

Download: Illinois-2023-SB1627-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1627 Introduced 2/8/2023, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
35 ILCS 405/2 from Ch. 120, par. 405A-2
Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying on or after January 1, 2024, the person's adjusted taxable estate shall not include the value of the decedent's ownership interest in qualified farm property. Provides that certain donations must be made to food banks for property to be considered qualified farm property. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Estate and Generation-Skipping
Transfer Tax Act is amended by changing Section 2 as follows:
(35 ILCS 405/2) (from Ch. 120, par. 405A-2)
Sec. 2. Definitions.
"Farm property" means real property used primarily for
raising or harvesting agricultural or horticultural
commodities for commercial sale.
"Federal estate tax" means the tax due to the United
States with respect to a taxable transfer under Chapter 11 of
the Internal Revenue Code.
"Federal generation-skipping transfer tax" means the tax
due to the United States with respect to a taxable transfer
under Chapter 13 of the Internal Revenue Code.
"Federal return" means the federal estate tax return with
respect to the federal estate tax and means the federal
generation-skipping transfer tax return with respect to the
federal generation-skipping transfer tax.
"Federal transfer tax" means the federal estate tax or the
federal generation-skipping transfer tax.
"Food bank" means a food bank in Illinois that received

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funding from The Emergency Food Assistance Program (TEFAP) in
the year in which it received the qualified donation.
"Illinois estate tax" means the tax due to this State with
respect to a taxable transfer.
"Illinois generation-skipping transfer tax" means the tax
due to this State with respect to a taxable transfer that gives
rise to a federal generation-skipping transfer tax.
"Illinois transfer tax" means the Illinois estate tax or
the Illinois generation-skipping transfer tax.
"Internal Revenue Code" means, unless otherwise provided,
the Internal Revenue Code of 1986, as amended from time to
time.
"Non-resident trust" means a trust that is not a resident
of this State for purposes of the Illinois Income Tax Act, as
amended from time to time.
"Person" means and includes any individual, trust, estate,
partnership, association, company or corporation.
"Qualified heir" means a qualified heir as defined in
Section 2032A(e)(1) of the Internal Revenue Code.
"Qualified donation" means a donation to a food bank of an
agricultural or horticultural commodity that is suitable for
human consumption and is produced on qualified farm property,
a cash equivalent donation to a food bank, or some combination
of those types of donations.
"Qualified farm property" means farm property:
(1) that the decedent had an ownership interest in at

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the time of the decedent's death and for at least 5 years
before the decedent's death; and
(2) from which the decedent made qualified donations
in at least 5 separate calendar years before the
decedent's death totaling at least 1% of the farm property
yield for the calendar year in which the donation was
made, as determined by the federally reported Farm Service
Agency acreage.
"Resident trust" means a trust that is a resident of this
State for purposes of the Illinois Income Tax Act, as amended
from time to time.
"State" means any state, territory or possession of the
United States and the District of Columbia.
"State tax credit" means:
(a) For persons dying on or after January 1, 2003 and
through December 31, 2005, an amount equal to the full credit
calculable under Section 2011 or Section 2604 of the Internal
Revenue Code as the credit would have been computed and
allowed under the Internal Revenue Code as in effect on
December 31, 2001, without the reduction in the State Death
Tax Credit as provided in Section 2011(b)(2) or the
termination of the State Death Tax Credit as provided in
Section 2011(f) as enacted by the Economic Growth and Tax
Relief Reconciliation Act of 2001, but recognizing the
increased applicable exclusion amount through December 31,
2005.

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(b) For persons dying after December 31, 2005 and on or
before December 31, 2009, and for persons dying after December
31, 2010, an amount equal to the full credit calculable under
Section 2011 or 2604 of the Internal Revenue Code as the credit
would have been computed and allowed under the Internal
Revenue Code as in effect on December 31, 2001, without the
reduction in the State Death Tax Credit as provided in Section
2011(b)(2) or the termination of the State Death Tax Credit as
provided in Section 2011(f) as enacted by the Economic Growth
and Tax Relief Reconciliation Act of 2001, but recognizing the
exclusion amount of only (i) $2,000,000 for persons dying
prior to January 1, 2012, (ii) $3,500,000 for persons dying on
or after January 1, 2012 and prior to January 1, 2013, and
(iii) $4,000,000 for persons dying on or after January 1,
2013, and with reduction to the adjusted taxable estate for
any qualified terminable interest property election as defined
in subsection (b-1) of this Section. For persons dying on or
after January 1, 2024, for the purposes of computing the State
tax credit, the person's adjusted taxable estate shall not
include the value of the person's ownership interest in
qualified farm property.
(b-1) The person required to file the Illinois return may
elect on a timely filed Illinois return a marital deduction
for qualified terminable interest property under Section
2056(b)(7) of the Internal Revenue Code for purposes of the
Illinois estate tax that is separate and independent of any

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qualified terminable interest property election for federal
estate tax purposes. For purposes of the Illinois estate tax,
the inclusion of property in the gross estate of a surviving
spouse is the same as under Section 2044 of the Internal
Revenue Code.
In the case of any trust for which a State or federal
qualified terminable interest property election is made, the
trustee may not retain non-income producing assets for more
than a reasonable amount of time without the consent of the
surviving spouse.
"Taxable transfer" means an event that gives rise to a
state tax credit, including any credit as a result of the
imposition of an additional tax under Section 2032A(c) of the
Internal Revenue Code.
"Transferee" means a transferee within the meaning of
Section 2603(a)(1) and Section 6901(h) of the Internal Revenue
Code.
"Transferred property" means:
(1) With respect to a taxable transfer occurring at
the death of an individual, the deceased individual's
gross estate as defined in Section 2031 of the Internal
Revenue Code.
(2) With respect to a taxable transfer occurring as a
result of a taxable termination as defined in Section
2612(a) of the Internal Revenue Code, the taxable amount
determined under Section 2622(a) of the Internal Revenue

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Code.
(3) With respect to a taxable transfer occurring as a
result of a taxable distribution as defined in Section
2612(b) of the Internal Revenue Code, the taxable amount
determined under Section 2621(a) of the Internal Revenue
Code.
(4) With respect to an event which causes the
imposition of an additional estate tax under Section
2032A(c) of the Internal Revenue Code, the qualified real
property that was disposed of or which ceased to be used
for the qualified use, within the meaning of Section
2032A(c)(1) of the Internal Revenue Code.
"Trust" includes a trust as defined in Section 2652(b)(1)
of the Internal Revenue Code.
(Source: P.A. 96-789, eff. 9-8-09; 96-1496, eff. 1-13-11;
97-636, eff. 6-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.