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Bill > SB1739


IL SB1739

IL SB1739
INC TX-PASS THROUGH ENTITIES


summary

Introduced
02/05/2025
In Committee
06/02/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Illinois Income Tax Act. Provides that, for the purpose of allocating gains and losses from sales or exchanges of shares in a Subchapter S corporation or from interests in certain partnerships, those gains and losses shall be allocated in proportion to the average of the pass-through entity's Illinois apportionment factor in the year of the sale or exchange and the 2 tax years immediately preceding the year of the sale or exchange. Provides that, if the pass-through entity was not in existence during both of the preceding 2 years, then only the years in which the pass-through entity was in existence shall be considered when computing the average.

AI Summary

This bill amends the Illinois Income Tax Act to modify how gains and losses from certain pass-through entities are allocated for tax purposes. Specifically, for sales or exchanges of shares in a Subchapter S corporation or interests in certain partnerships (excluding investment partnerships), the gains and losses will be allocated to Illinois proportionally based on the average of the pass-through entity's Illinois apportionment factor in the year of sale and the two preceding tax years. If the pass-through entity did not exist during both of the preceding two years, only the years in which the entity was actually in existence will be used to calculate the average. This changes how these types of business income are attributed to the state for tax calculation purposes, providing a more nuanced approach that takes into account the entity's consistent presence and economic activity in Illinois over multiple years, rather than just the year of the sale or exchange.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Rule 3-9(a) / Re-referred to Assignments (on 06/02/2025)

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