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91_SB0545eng SB545 Engrossed 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 SB545 Engrossed -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.