Illinois
IL · state · 21 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | REACHED: the ING qualifies as 'irrevocable' precisely because it is non-grantor, making it an IL resident trust; Linn's as-applied due-process limit protected a trust with ZERO current IL contacts, and the IL-resident settlor-beneficiary is a live contact per the Department's own 2025 GIL | sources (1)35 ILCS 5/1501(a)(20)(D); Linn v. Dept. of Revenue, 2013 IL App (4th) 121055; IL DOR IT 25-0009-GIL (2025-09-11) · high confidence · as of 2026-07-13 · TY 2026 Illinois taxes an irrevocable trust whose grantor was Illinois-domiciled at irrevocability; Linn limits it only for no-contact trusts An irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable. For purpose of this subparagraph, a trust shall be considered irrevocable to the extent that the grantor is not treated as the owner thereof under Sections 671 through 678 of the Internal Revenue Code. Note: Linn (2013): grantor residency alone was 'not a sufficient connection to satisfy due process' for a decades-old trust with no IL trustee, assets, or noncontingent beneficiary. IT 25-0009-GIL applies a sufficiency-of-contacts analysis naming an in-state beneficiary as a contact. https://www.ilga.gov/documents/legislation/ilcs/documents/003500050K1501.htm |
| rate | Top income tax rate (TY2025) | 4.95% flat on net income | sources (1)35 ILCS 5/201(b)(1) (Illinois Income Tax Act) · high confidence · as of 2026-07-20 · TY 2025 Illinois flat income tax rate is 4.95% on net income for taxable years beginning on or after July 1, 2017, an amount equal to 4.95% of the taxpayer's net income for the taxable year. Note: Verbatim statutory text from 35 ILCS 5/201(b)(1) confirmed. URL resolves to the chapter-level ILGA index; §201(b)(1) is within this chapter. Illinois ILGA site serves the current statute. The 4.95% rate has applied since 2017 (the 2011 temporary increase expired and was replaced with the permanent 4.95%). Personal exemption $2,850/person; CLIFF to $0 at FAGI above $500,000 MFJ (immaterial at large-gain sizes). https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K201.htm |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Taxable: 35 ILCS 5/203(a)(2)(A) adds back all federally-excluded interest; only narrow specific IL bond categories are exempt (86 Ill. Adm. Code 100.2470); standard IL GOs are taxable | sources (1)35 ILCS 5/203(a)(2)(A) and (N); 86 Ill. Adm. Code 100.2470 · high confidence · as of 2026-07-03 · TY 2025 IL taxes both in-state and out-of-state muni bond interest add-back of all federally-excluded interest An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of adjusted gross income, except stock dividends of qualified public utilities described in Section 305(e) of the Internal Revenue Code; Note: 35 ILCS 5/203(a)(2)(A) adds back to base income all interest excluded from federal adjusted gross income, making both in-state and out-of-state municipal bond interest taxable in Illinois (only specific enumerated Illinois bonds escape). Quote verbatim from the live ILGA statute page. https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K203.htm |
| muni-outstate | Out-of-state muni bond interest | Taxable: 35 ILCS 5/203(a)(2)(A) requires add-back of all interest excluded from federal AGI; no state-law exemption for out-of-state bonds | sources (1)35 ILCS 5/203(a)(2)(A) and (N); 86 Ill. Adm. Code 100.2470 · high confidence · as of 2026-07-03 · TY 2025 IL taxes both in-state and out-of-state muni bond interest add-back of all federally-excluded interest An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of adjusted gross income, except stock dividends of qualified public utilities described in Section 305(e) of the Internal Revenue Code; Note: 35 ILCS 5/203(a)(2)(A) adds back to base income all interest excluded from federal adjusted gross income, making both in-state and out-of-state municipal bond interest taxable in Illinois (only specific enumerated Illinois bonds escape). Quote verbatim from the live ILGA statute page. https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K203.htm |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity | sources (1)35 ILCS 5/102 (Illinois Income Tax Act) · high confidence · as of 2026-06-19 · TY 2025 Illinois conforms to IRC §1400Z-2 QOZ gain deferral and exclusion Except as otherwise expressly provided or clearly appearing from the context, any term used in this Act shall have the same meaning as when used in a comparable context in the United States Internal Revenue Code of 1954 or any successor law or laws relating to federal income taxes and other provisions of the statutes of the United States relating to federal income taxes as such Code, laws and statutes are in effect for the taxable year. Note: 35 ILCS 5/102 defines Illinois gross income by reference to the Internal Revenue Code as amended. Rolling IRC conformity incorporates IRC §1400Z-2 (QOZ gain deferral and 10-year exclusion) without modification. https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K102.htm |
| qsbs-conformity | QSBS conformity (IRC §1202) through TY2025 | Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity through TY2025; no addback (decoupled for TY2026 forward by P.A. 104-0468) | sources (1)35 ILCS 5/102 (Illinois Income Tax Act) · high confidence · as of 2026-06-19 · TY 2025 Illinois conforms to IRC §1202 QSBS gain exclusion Except as otherwise expressly provided or clearly appearing from the context, any term used in this Act shall have the same meaning as when used in a comparable context in the United States Internal Revenue Code of 1954 or any successor law or laws relating to federal income taxes and other provisions of the statutes of the United States relating to federal income taxes as such Code, laws and statutes are in effect for the taxable year. Note: 35 ILCS 5/102 defines Illinois gross income by reference to the Internal Revenue Code as amended. Rolling IRC conformity incorporates IRC §1202 (QSBS gain exclusion) without modification; no state-level addback. This holds through TY2025; Public Act 104-0468 decouples Illinois from §1202 for taxable years ending on or after December 31, 2026 (see IL_QSBS_DECOUPLE_2026). https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K102.htm |
| qsbs-conformity | QSBS conformity (IRC §1202) effective TY2026 | Non-conforms effective TY2026: 35 ILCS 5/203(a)(2)(D-26) (P.A. 104-0468) adds federally excluded §1202 QSBS gain back to Illinois base income for taxable years ending on or after December 31, 2026 | sources (1)35 ILCS 5/203(a)(2)(D-26) (added by Public Act 104-0468, SB 3019) · high confidence · as of 2026-07-20 · TY 2026 Illinois decouples from IRC §1202 QSBS exclusion: federally excluded gain added back to base income for taxable years ending on or after December 31, 2026 (D-26) For taxable years ending on and after December 31, 2026, an amount equal to the amount of gain excluded from gross income under Section 1202 of the Internal Revenue Code; Note: Verbatim from the live ILGA statute page. (D-26) sits in 35 ILCS 5/203(a)(2), the ADDITIONS to base income, so a federally excluded §1202 gain is added back and taxed by Illinois. First bites TY2026 for a calendar-year filer (whose tax year ends December 31, 2026). Enacted by P.A. 104-0468 (signed 2026). https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K203.htm |
| agency-obligations | GSE bond interest (FNMA/FHLMC) | Taxable: IL Publication 101 (R-12/25) p.7 explicitly names FNMA and FHLMC as not exempt from Illinois Income Tax | sources (1)Illinois Department of Revenue Publication 101 'Income Exempt from Tax' (R-12/25), p. 7 · medium confidence · as of 2026-06-20 · TY 2025 IL Publication 101 explicitly lists FNMA and FHLMC as not exempt from Illinois Income Tax The following types of income are not exempt from Illinois Income Tax: Income from debentures, notes, and bonds issued by the Federal National Mortgage Association (FNMA) including mortgage-backed bonds; Interest from Federal Home Loan Mortgage Corporation (FHLMC) securities. Note: Pub 101 pp. 3-4 list the exempt entities (FHLB, Farm Credit, FDIC, TVA, etc.; all with federal statutory preemption). p. 7 lists entities NOT exempt. GNMA, FNMA, and FHLMC all appear on the not-exempt list. The contrast is direct: same document, same table format, opposite columns. https://tax.illinois.gov/content/dam/soi/en/web/tax/research/publications/pubs/documents/pub-101.pdf |
| dividend-qualified | Qualified dividend income | Ordinary rate: Illinois flat 4.95% applies to all net income; no IRC §1(h)(11) preference adopted; Publication 101 contains no qualified dividend modification | sources (1)35 ILCS 5/201(b)(1) (Illinois Income Tax Act) · high confidence · as of 2026-07-20 · TY 2025 Illinois flat income tax rate is 4.95% on net income for taxable years beginning on or after July 1, 2017, an amount equal to 4.95% of the taxpayer's net income for the taxable year. Note: Verbatim statutory text from 35 ILCS 5/201(b)(1) confirmed. URL resolves to the chapter-level ILGA index; §201(b)(1) is within this chapter. Illinois ILGA site serves the current statute. The 4.95% rate has applied since 2017 (the 2011 temporary increase expired and was replaced with the permanent 4.95%). Personal exemption $2,850/person; CLIFF to $0 at FAGI above $500,000 MFJ (immaterial at large-gain sizes). https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K201.htm |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from Illinois income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from Illinois income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| character | Long-term capital gains treatment | Ordinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 4.95% rate (35 ILCS 5/201) | sources (1)35 ILCS 5/201(b)(1) (Illinois Income Tax Act) · high confidence · as of 2026-07-20 · TY 2025 Illinois flat income tax rate is 4.95% on net income for taxable years beginning on or after July 1, 2017, an amount equal to 4.95% of the taxpayer's net income for the taxable year. Note: Verbatim statutory text from 35 ILCS 5/201(b)(1) confirmed. URL resolves to the chapter-level ILGA index; §201(b)(1) is within this chapter. Illinois ILGA site serves the current statute. The 4.95% rate has applied since 2017 (the 2011 temporary increase expired and was replaced with the permanent 4.95%). Personal exemption $2,850/person; CLIFF to $0 at FAGI above $500,000 MFJ (immaterial at large-gain sizes). https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K201.htm |
| estate-rate | Estate tax top marginal rate (TY2025) | Graduated rates (pre-2001 federal rate table); see source for rate schedule and deduction amount (35 ILCS 405/2 and 405/3) | sources (1)35 ILCS 405/3 (Illinois Estate and Generation-Skipping Transfer Tax Act) · high confidence · as of 2026-07-02 · TY 2025 Illinois estate tax graduated rate schedule: 0.8% to 16% Sec. 3. Illinois estate tax. (a) Imposition of Tax. An Illinois estate tax is imposed on every taxable transfer involving transferred property having a tax situs within the State of Illinois. Note: 35 ILCS 405/3 imposes the tax; the effective graduated rates (0.8% to 16%) derive from the pre-EGTRRA federal state death tax credit table that 35 ILCS 405/2 incorporates into the 'state tax credit' definition. https://ilga.gov/Documents/legislation/ilcs/documents/003504050K3.htm |
| estate-exemption | Estate tax deduction (TY2025) | $4,000,000 fixed deduction from Illinois taxable estate (35 ILCS 405/2) | sources (1)35 ILCS 405/2 (Illinois Estate and Generation-Skipping Transfer Tax Act) · high confidence · as of 2026-07-02 · TY 2025 Illinois estate tax $4,000,000 deduction from Illinois taxable estate 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. Note: 35 ILCS 405/2 ('state tax credit' definition): the $4,000,000 exclusion applies to persons dying on or after January 1, 2013 and is not inflation-adjusted. https://ilga.gov/Documents/legislation/ilcs/documents/003504050K2.htm |
| filing-status-flat | Filing status irrelevant: flat rate state | Yes: flat 4.95% rate on net income regardless of filing status (35 ILCS 5/201(b)(1)) | sources (1)35 ILCS 5/201(b)(1) (Illinois Income Tax Act) · high confidence · as of 2026-07-20 · TY 2025 Illinois flat income tax rate is 4.95% on net income for taxable years beginning on or after July 1, 2017, an amount equal to 4.95% of the taxpayer's net income for the taxable year. Note: Verbatim statutory text from 35 ILCS 5/201(b)(1) confirmed. URL resolves to the chapter-level ILGA index; §201(b)(1) is within this chapter. Illinois ILGA site serves the current statute. The 4.95% rate has applied since 2017 (the 2011 temporary increase expired and was replaced with the permanent 4.95%). Personal exemption $2,850/person; CLIFF to $0 at FAGI above $500,000 MFJ (immaterial at large-gain sizes). https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K201.htm |
| ptet-available | Pass-through entity tax (SALT-cap workaround) available | Yes (35 ILCS 5/201(p); tax years ending on or after 12/31/2021) | sources (1)35 ILCS 5/201(p) (Illinois Income Tax Act) · medium confidence · as of 2026-06-29 · TY 2025 Illinois pass-through entity elective tax is 4.95%; owners receive a full credit The PTE tax rate is equal to 4.95 percent (.0495) of the taxpayer's net income for the taxable year. Note: SALT-cap workaround: a partnership or S corporation elects to pay 4.95% on its net income at the entity level, effective for tax years ending on or after December 31, 2021 (no statutory sunset). Each owner takes an Illinois credit equal to 4.95% times their distributive share, i.e. the full entity tax on that share (a 100% credit). Confidence medium: Illinois DOR guidance (tax.illinois.gov Q&A 689) quoting 35 ILCS 5/201(p). https://tax.illinois.gov/questionsandanswers/answer.689.html |
| ptet-rate | Pass-through entity elective tax rate | 4.95% | sources (1)35 ILCS 5/201(p) (Illinois Income Tax Act) · medium confidence · as of 2026-06-29 · TY 2025 Illinois pass-through entity elective tax is 4.95%; owners receive a full credit The PTE tax rate is equal to 4.95 percent (.0495) of the taxpayer's net income for the taxable year. Note: SALT-cap workaround: a partnership or S corporation elects to pay 4.95% on its net income at the entity level, effective for tax years ending on or after December 31, 2021 (no statutory sunset). Each owner takes an Illinois credit equal to 4.95% times their distributive share, i.e. the full entity tax on that share (a 100% credit). Confidence medium: Illinois DOR guidance (tax.illinois.gov Q&A 689) quoting 35 ILCS 5/201(p). https://tax.illinois.gov/questionsandanswers/answer.689.html |
| ptet-credit-mechanism | PTET owner recovery mechanism | Credit (full: 4.95% times distributive share) | sources (1)35 ILCS 5/201(p) (Illinois Income Tax Act) · medium confidence · as of 2026-06-29 · TY 2025 Illinois pass-through entity elective tax is 4.95%; owners receive a full credit The PTE tax rate is equal to 4.95 percent (.0495) of the taxpayer's net income for the taxable year. Note: SALT-cap workaround: a partnership or S corporation elects to pay 4.95% on its net income at the entity level, effective for tax years ending on or after December 31, 2021 (no statutory sunset). Each owner takes an Illinois credit equal to 4.95% times their distributive share, i.e. the full entity tax on that share (a 100% credit). Confidence medium: Illinois DOR guidance (tax.illinois.gov Q&A 689) quoting 35 ILCS 5/201(p). https://tax.illinois.gov/questionsandanswers/answer.689.html |
| migration-loss-conformity | Migration loss carryforward conformity | Full conform (structural inference): Illinois computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward. | sources (1)35 ILCS 5/201(b)(1) (Illinois Income Tax Act) · medium confidence · as of 2026-07-03 · TY 2025 Illinois conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference A tax measured by net income is hereby imposed on every individual, corporation, trust and estate for each taxable year ending after July 31, 1969 on the privilege of earning or receiving income in or as a resident of this State. Note: 35 ILCS 5/201(a) imposes the tax on net income; Illinois net income derives from base income, which is federal adjusted gross income as modified (35 ILCS 5/203(a)(1)), so the federal section 1212 capital-loss carryover flows through. Quote verbatim from the live ILGA statute page. No published guidance addresses the imported pre-residency carryforward, so that application remains a structural inference. https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K201.htm |