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Illinois Compiled Statutes

35 ILCS 5/301 (2026)

General Rule

✓ current as of May 2026
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(35 ILCS 5/301) (from Ch. 120, par. 3-301)
    Sec. 301. General Rule.
    (a) Residents. All items of income or deduction which were taken into account in the computation of base income for the taxable year by a resident shall be allocated to this State.
    (b) Part-year residents. All items of income or deduction which were taken into account in the computation of base income for the taxable year by a part-year resident shall, for that part of the year the part-year resident was a resident of this State, be allocated to this State and, for the remaining part of the year, be allocated to this State only to the extent provided by Section 302, 303 or 304 (relating to compensation, nonbusiness income and business income, respectively).
    (c) Other persons.
        (1) In general. Any item of income or deduction which
    
was taken into account in the computation of base income for the taxable year by any person other than a resident and which is referred to in Section 302, 303 or 304 (relating to compensation, nonbusiness income and business income, respectively) shall be allocated to this State only to the extent provided by such section.
        (2) Unspecified items. Any item of income or
    
deduction which was taken into account in the computation of base income for the taxable year by any person other than a resident and which is not otherwise specifically allocated or apportioned pursuant to Section 302, 303 or 304 (including, without limitation, interest, dividends, items of income taken into account under the provisions of Sections 401 through 425 of the Internal Revenue Code, and benefit payments received by a beneficiary of a supplemental unemployment benefit trust which is referred to in Section 501(c)(17) of the Internal Revenue Code):
            (A) in the case of an individual, trust, or
        
estate, shall not be allocated to this State; and
            (B) in the case of a corporation or a
        
partnership, shall be allocated to this State if the taxpayer had its commercial domicile in this State at the time such item was paid, incurred or accrued.
(Source: P.A. 90-491, eff. 1-1-98; 90-562, eff. 12-16-97.)

    
Notes of Decisions
Cited in 4 cases, 2006–2014 · leading case: Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014).
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Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014). “Section 1501(a)(20)(D) of the Tax Act (35 ILCS 5/1501(a)(20)(D) (West 2006)) defines “resident,” in pertinent part, as “[a]n irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable.”
Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014). “Section 1501(a)(20)(D) of the Tax Act (35 ILCS 5/1501(a)(20)(D) (West 2006)) defines "resident," in pertinent part, as "[a]n irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable.”
Shakkour v. Hamer, 859 N.E.2d 49 (Ill. App. Ct. 2006). “A nonresident partner’s share of a partnership’s business income is sourced and subject to tax in Illinois whereas the partner’s share of nonbusiness income is allocated to the nonresident partner in her individual capacity as if the income had been paid to the nonresident…”
Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014). “Section 1501(a)(20)(D) of the Tax Act (35 ILCS 5/1501(a)(20)(D) (West 2006)) defines "resident," in pertinent part, as "[a]n irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable.”
— 35 ILCS 5/301(a) — 3 cases
Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014). “Section 1501(a)(20)(D) of the Tax Act (35 ILCS 5/1501(a)(20)(D) (West 2006)) defines “resident,” in pertinent part, as “[a]n irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable.”
Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014). “Section 1501(a)(20)(D) of the Tax Act (35 ILCS 5/1501(a)(20)(D) (West 2006)) defines "resident," in pertinent part, as "[a]n irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable.”
Linn v. The Deparrtment of Revenue, 2013 IL App (4th) 121055 (Ill. App. Ct. 2014). “Section 1501(a)(20)(D) of the Tax Act (35 ILCS 5/1501(a)(20)(D) (West 2006)) defines "resident," in pertinent part, as "[a]n irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable.”
— 35 ILCS 5/301(c) — 1 case
Shakkour v. Hamer, 859 N.E.2d 49 (Ill. App. Ct. 2006). “A nonresident partner’s share of a partnership’s business income is sourced and subject to tax in Illinois whereas the partner’s share of nonbusiness income is allocated to the nonresident partner in her individual capacity as if the income had been paid to the nonresident…”
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