The House and Senate are scheduled to return to Springfield August 31 to possibly address energy legislation and to possibly address legislative redistricting changes necessitated by the release of census numbers by the U.S. Census Bureau.

Tax Institute's federal SALT cap work around legislation to be signed by the Governor today. Senator Stoller, the sponsor of SB 2531, advised me yesterday afternoon that he was informed by the Governor's office that the Governor plans to sign the legislation today.

SB2531 is an initiative of the Tax Institute that had bipartisan support and passed the General Assembly unanimously. I would like to give a shout out to Brad Wilhelmson of Tax Institute member accounting firm KPMG who was invaluable in working to ensure that the legislation was properly drafted.

We worked cooperatively with the Department of Revenue and ended up with language in the legislation that satisfied the Department from a technical standpoint.

Recently introduced legislation:

HB 4132 - Hoffman - Amends the Parking Excise Tax Act. Creates an exemption for parking areas and garages that are operated for the use of attendees, vendors, or employees of the Illinois State Fair or the DuQuoin State Fair and are not otherwise subject to taxation under the Act in the ordinary course of business.

As of this morning, there were 81 bills that passed the General Assembly at the end of the spring session that are awaiting action by the Governor.

The following tax-related legislation from the spring session was signed by the Governor over the past week.

HB 2411 (P.A. 102-0427) - As introduced: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that a qualifying Illinois data center is a place, among other criteria, that within 2 years (rather than 90 days) after being placed in service, certifies that it is carbon neutral or has attained other specified certification. Amends the Brownfields Redevelopment and Intermodal Promotion Act. Extends the use of the South Suburban Brownfields Redevelopment Fund. Amends the New Markets Development Program Act. Modifies provisions concerning certification of qualified equity investments and allocation thereof. Provides further rulemaking requirements. Provides that for fiscal years following fiscal year 2026 (rather than 2021), qualified equity investments under the Act shall not be made unless reauthorization is made. Makes other changes. Effective immediately.

SB 508 (P.A. 102-0519) - As amended in the House and passed both chambers: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Removes language from the engrossed bill providing that the adjustment shall be made by a supplemental levy. Further amends the Property Tax Code. Provides that, in Cook County, an application for judgment and order of sale for the 2018 annual tax sale that would normally be held in calendar year 2020 may not be filed later than October 1, 2021. Provides that no subsequent annual tax sale may begin earlier than 180 days after the last day of the prior delayed tax sale, and no scavenger tax sale may begin earlier than 90 days after the last day of the prior delayed tax sale. Provides that there may be more than 2 consecutive years without a scavenger sales if a tax sale has been delayed as a result of a statewide COVID-19 public health emergency. Provides that, in a county with 275,000 or more inhabitants, for any annual tax sale conducted on or after the effective date of the amendatory Act, the county collector shall adopt a single bidder rule sufficient to prohibit a tax purchaser from registering more than one related bidding entity at a tax sale. Provides that a county with less than 275,000 inhabitants may adopt a single bidder rule. Provides that, for levy year 2022, the aggregate extension base of a home equity assurance program that levied at least $1,000,000 in property taxes in levy year 2019 or 2020 under the Home Equity Assurance Act shall be the amount that the program's aggregate extension base for levy year 2021 would have been if the program had levied a property tax for levy year 2021. Provides that the county collector may employ an electronic automated bidding system for conducting scavenger tax sales. Amends the Home Equity Assurance Act. Provides that the governing commission of a home equity assurance program that levied at least $1,000,000 in property taxes in levy year 2019 or 2020 may not levy any property tax in levy year 2021. Effective immediately.

SB 1845 (P.A. 102-0528) - Amends the Property Tax Code. Provides that the owner of a certificate of purchase must file with the county clerk the names and addresses of the owners of the property and those persons entitled to service of notice at their last known addresses. Provides that the clerk shall mail notice within 30 days from the date of the filing of addresses with the clerk.

The August 27 edition of the Illinois Register did not contain any proposed or adopted rulemakings by the Illinois Department of Revenue or by the Department of Commerce and Economic Opportunity.

No new tax-related court cases were released this week..

None of the new cases raise unique issues.

The Center for Tax and Budget Accountability recently issued its Analysis of Illinois' FY 2022 Enacted General Fund Budget. While I disagree with many of the "findings" in this report and I disagree with the "solutions" the CTBA proposes I believe it is instructive to read their analysis, if for no other reason that to be able to understand and respond to their conclusions and proposals.

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