summary
Introduced
01/24/2025
01/24/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Specifies that the amendatory Act may be referred to as the Estate Tax Inflation Law. Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying on or after January 1, 2026, if a valid election has been made under the Internal Revenue Code allowing a person to take into account a federal deceased spousal unused exclusion amount for the purposes of calculating the person's federal estate tax, then the person's Illinois exclusion amount shall include the Illinois deceased spousal unused exclusion amount for the deceased spouse with respect to whom the federal election was made. Provides that the exclusion amount used to calculate the decedent's Illinois estate tax shall be increased each year by the percentage increase, if any, in the Consumer Price Index. Provides that, for the purpose of calculating the Illinois Estate Tax, the State Death Tax Credit shall be calculated only on the portion of the decedent's adjusted taxable estate that exceeds the decedent's Illinois exclusion amount. Effective immediately.
AI Summary
This bill updates the Illinois Estate and Generation-Skipping Transfer Tax Act to adjust the estate tax exclusion amount for inflation and provide more flexibility for married couples. Specifically, starting January 1, 2026, the bill introduces an "indexed exclusion amount" that will increase annually based on changes in the Consumer Price Index (CPI), which is a measure of average price changes for goods and services. For persons dying in 2026, the exclusion amount will be $5,300,000, and in subsequent years, it will be adjusted by the CPI percentage. The bill also allows married couples to utilize a "deceased spousal unused exclusion amount," which means if a surviving spouse makes a valid federal election, they can add their deceased spouse's unused estate tax exclusion to their own. Additionally, the State Death Tax Credit will now be calculated only on the portion of the decedent's adjusted taxable estate that exceeds the exclusion amount. These changes are designed to provide more tax relief and flexibility for estate planning, particularly for married couples and as inflation affects the value of estates over time.
Committee Categories
Budget and Finance
Sponsors (4)
Last Action
Added Co-Sponsor Rep. Brandun Schweizer (on 07/15/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1731&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1731.htm |
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