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91_SB0545
LRB9104843PTpk
1 AN ACT in relation to the disclosure of federal estate
2 tax information to the Attorney General.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Estate and Generation-Skipping
6 Transfer Tax Act is amended by changing Section 16 as
7 follows:
8 (35 ILCS 405/16) (from Ch. 120, par. 405A-16)
9 Sec. 16. Duty of Attorney General; failure to pay tax;
10 proceedings.
11 (a) Duty of the Attorney General. It is the duty of the
12 Attorney General to exercise general supervision over the
13 assessment and collection of the tax provided in this Act,
14 and in the discharge of that duty, the Attorney General may
15 prescribe rules and regulations as are deemed necessary and
16 may institute and prosecute suits and proceedings as may be
17 necessary and proper, appearing therein for that purpose; and
18 it shall be the duty of the several State's Attorneys to
19 render assistance when requested by the Attorney General to
20 do so. The Attorney General shall determine and assess the
21 tax as provided for in this Act.
22 (b) Disclosure of federal return information. When
23 receipt of estate tax information from the Internal Revenue
24 Service under the Agreement on Coordination of Tax
25 Administration between the Internal Revenue Service and the
26 Attorney General discloses possible Illinois estate tax
27 liability, any person possessing federal estate tax
28 information shall be required to submit such information to
29 the Attorney General upon request to enable the Attorney
30 General to audit the return or Internal Revenue Service audit
31 adjustments and to determine whether any tax, penalty, or
-2- LRB9104843PTpk
1 interest is due the State of Illinois where such return
2 information has not been filed with the Attorney General. A
3 claim of confidentiality under Section 48.1 of the Illinois
4 Banking Act shall not prohibit or preclude the dissemination
5 of tax information required under this Section and shall not
6 constitute grounds for failing or refusing to surrender such
7 tax information to the Attorney General in the administration
8 and enforcement of this Act. Any tax information submitted
9 in compliance with this Section shall be treated and afforded
10 with the same confidentiality as a return filed under the
11 Act.
12 (Source: P.A. 86-737.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.