State of Illinois
91st General Assembly

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 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.

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