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Full Text of HB4511
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HB4511 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4511
Introduced 1/26/2026, by Rep. Joe C. Sosnowski
SYNOPSIS AS INTRODUCED:
35 ILCS 5/1101
from Ch. 120, par. 11-1101
Amends the Illinois Income Tax Act. Provides that, if a late
discretionary hearing for a revised final assessment has been granted
after a lien has attached, then the lien shall remain in full force except
to the extent to which the final assessment may be reduced by a revised
final assessment following the hearing or review. Effective immediately.
LRB104 16361 HLH 29748 b
A BILL FOR
HB4511
LRB104 16361 HLH 29748 b
1
AN ACT concerning revenue.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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Section 5.
The Illinois Income Tax Act is amended by
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changing Section 1101 as follows:
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(35 ILCS 5/1101)
(from Ch. 120, par. 11-1101)
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Sec. 1101.
Lien for Tax.
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(a) If any person liable to pay any tax neglects or refuses
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to pay the same after demand, the amount (including any
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interest, additional amount, addition to tax, or assessable
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penalty, together with any costs that may accrue in addition
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thereto) shall be a lien in favor of the State of Illinois upon
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all property and rights to property, whether real or personal,
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belonging to such person.
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(b) Unless another date is specifically fixed by law, the
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lien imposed by subsection (a) of this Section shall arise at
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the time the assessment is made and shall continue until the
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liability for the amount so assessed (or a judgment against
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the taxpayer arising out of such liability) is satisfied or
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becomes unenforceable by reason of lapse of time.
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(c) Deficiency procedure. If the lien arises from an
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assessment pursuant to a notice of deficiency, such lien shall
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not attach and the notice referred to in this Section shall not
HB4511
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LRB104 16361 HLH 29748 b
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be filed until all proceedings in court for review of such
2
assessment have terminated or the time for the taking thereof
3
has expired without such proceedings being instituted.
If a
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late discretionary hearing has been granted pursuant to
5
subsection (d) of Section 908 of this Act after a lien has
6
attached, that lien shall remain in full force except to the
7
extent to which the final assessment may be reduced by a
8
revised final assessment following the hearing or review.
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(d) Notice of lien. The lien created by assessment shall
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terminate unless a notice of lien is filed, as provided in
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Section 1103 hereof, within 3 years from the date all
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proceedings in court for the review of such assessment have
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terminated or the time for the taking thereof has expired
14
without such proceedings being instituted. Where the lien
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results from the filing of a return without payment of the tax
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or penalty shown therein to be due, the lien shall terminate
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unless a notice of lien is filed within 3 years from the date
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such return was filed with the Department. For the purposes of
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this subsection (d), a tax return filed before the last day
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prescribed by law, including any extension thereof, shall be
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deemed to have been filed on such last day. The time limitation
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period on the Department's right to file a notice of lien shall
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not run (1) during any period of time in which the order of any
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court has the effect of enjoining or restraining the
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Department from filing such notice of lien, or (2) during the
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term of a repayment plan that taxpayer has entered into with
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LRB104 16361 HLH 29748 b
1
the Department, as long as taxpayer remains in compliance with
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the terms of the repayment plan.
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(Source: P.A. 97-507, eff. 8-23-11; 98-446, eff. 8-16-13.)
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Section 99.
Effective date.
This Act takes effect upon
5
becoming law.
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