ILCS » Chapter 35 · Act 405
Illinois Compiled Statutes

35 ILCS 405/4 (2026)

Illinois generation-skipping transfer tax

✓ current as of May 2026
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(35 ILCS 405/4) (from Ch. 120, par. 405A-4)
    Sec. 4. Illinois generation-skipping transfer tax.
    (a) Imposition of tax. An Illinois generation-skipping transfer tax is imposed on every taxable transfer resulting in federal generation-skipping transfer tax involving transferred property having a tax situs within the State of Illinois.
    (b) Amount of tax. The amount of the Illinois generation-skipping transfer tax shall be the maximum state tax credit allowable with respect to the taxable transfer, reduced by the lesser of:
        (1) the amount of the state tax credit paid to any
    
other state or states; and
        (2) the amount determined by multiplying the maximum
    
state tax credit allowable with respect to the taxable transfer by the percentage which the gross value of the transferred property not having a tax situs in Illinois bears to the gross value of the total transferred property.
(Source: P.A. 86-737.)

    
Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: People ex rel. Madigan v. Kole, 2012 IL App (2d) 110245 (Ill. App. Ct. 2012).
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People ex rel. Madigan v. Kole, 2012 IL App (2d) 110245 (Ill. App. Ct. 2012). “35 ILCS 405/3(b) (West 2002); see also 35 ILCS 405/4(b) (West 2002) (imposing a generation-skipping transfer tax on the “maximum state tax credit allowable”).”
— 35 ILCS 405/4(b) — 1 case
People ex rel. Madigan v. Kole, 2012 IL App (2d) 110245 (Ill. App. Ct. 2012). “35 ILCS 405/3(b) (West 2002); see also 35 ILCS 405/4(b) (West 2002) (imposing a generation-skipping transfer tax on the “maximum state tax credit allowable”).”
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