The Illinois 700 form is the Estate and Generation-Skipping Transfer Tax Return required for estates of decedents who passed away on or after January 1, 2021. This form is essential for reporting the estate's value and determining the appropriate tax obligations. If you need to fill out this form, please click the button below.
The Illinois Form 700 serves as a crucial document for managing estate and generation-skipping transfer taxes for individuals who passed away on or after January 1, 2021. This form must be filed by the estate representative within nine months of the decedent's death. It captures essential information, including the decedent's address, social security number, and the name of the personal representative. The form allows for the submission of an original return, supplemental return, or amended return, depending on the circumstances. A detailed breakdown of the decedent's assets is required, including their gross value, which is calculated without considering any debts or encumbrances. The form also facilitates various elections, such as the Illinois QTIP election, and provides options for tax payment, including installment plans. Additionally, it outlines penalties for late filing and payment, ensuring that all necessary taxes are accurately reported and remitted. Understanding the intricacies of Form 700 is essential for compliance and effective estate management in Illinois.
FORM 700
STATE OF ILLINOIS
ESTATE & GENERATION-SKIPPING TRANSFER TAX RETURN FOR DECEDENTS DYING ON OR AFTER JANUARY 1, 2022
Original Return
¨
Supplemental Return (Additional tax due.)
Amended Return (No additional tax due.)
of:
Date of Death
Estate of:
Decedent’s Address (No. & Street):
City
State
Zip Code
Decedent’s Social Security Number:
Name of Illinois County with Jurisdiction over Estate:
Name of Personal Representative or Person Filing Return:
Telephone:
Address (No. & Street):
Name of Preparer:
Indicate which of the following SEVEN are applicable:
1. Neither a Federal Estate Tax Return nor Illinois Estate Tax Return is required to be filed, but a Certificate of Discharge is requested.
a) Assets with taxable situs in Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b) Assets with taxable situs in another state or states . . . . . . . . . . . . . . . . . .
c) TOTAL Gross Value of Decedent’s Assets . . . . . . . . . . . . . . . . . . . . . . . .
$
Attach itemized schedule of assets wherever located. Gross value means the total of the assets undiminished by mortgages, liens or other encumbrances upon such assets for which decedent was personally liable.
2.A Federal Estate Tax Return or any other form containing the same information is attached, but no Illinois Estate Tax is due. A Certificate of Discharge is requested.
STATE OF ILLINOIS ESTATE & GENERATION SKIPPING TRANSFER TAX RETURN - PAGE 1
3.A Federal Estate Tax Return or any other form containing the same information is attached (whether or not a Federal Estate Tax is due), and an Illinois Estate Tax is due. A Certificate of Discharge is requested. (Complete Recapitulation and Schedule A or B, whichever is applicable.)
4.An Illinois QTIP election is made for this estate.
Amount of Illinois QTIP election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Attach an itemized list of the Illinois QTIP property. If this includes trust property, state the percentage of the trust made subject to the election.)
Social Security Number of surviving spouse ____________________________
5.If a Section 6166 Election to Pay Tax in Installments is being requested, check box, attach an executed Form IL-4350a, and supply proof of acceptance by the Internal Revenue Service (when available).
Amount of deferred Illinois Estate Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.This is an Amended or Supplemental Return.
(Complete Recapitulation and Schedule A or B, whichever is applicable, and attach copy of amended Federal Estate Tax Return or other applicable documents.)
Decedent was:
a)
a resident of Illinois, Year residency established
b)
a non-resident of Illinois, Year residency established
c)
an alien, State of residence
Due date of this Return:
7. If an extension of time to file is being requested or if due date determined by extension of time to file Federal Estate Tax Return, check box and attach explanation for extension request or a copy of the Federal extension request. If based upon a Federal extension request, file a copy of approved extension request when available. This extension request should be filed within 9 months of date of death.
The undersigned declare, under penalties of perjury, that they have examined this return, including any and all accompanying schedules or attachments, and that they believe the same to be true and correct as to every material matter and further verify that any attached Federal Estate Tax Return and any other applicable Federal tax documents are true and corrected copies of the originals filed with the Internal Revenue Service.
The undersigned further certify that the attached Will (if decedent died testate) is a true and correct copy of the Will of the decedent.
Signature of decedent’s personal representative
Title
Date
Signature of preparer
STATE OF ILLINOIS ESTATE & GENERATION SKIPPING TRANSFER TAX RETURN - PAGE 2
SCHEDULE A – Resident Decedent’s Estate (Instructions on page 5.)
1. Tentative Taxable Estate from Federal Return (Line 3a, Form 706),
or other form containing the same information . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Illinois QTIP election
(Amount claimed as Illinois QTIP election in this estate or amount from prior estate’s Illinois QTIP election.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Illinois Tentative Taxable Estate
(Line 1 minus Line 2 if the QTIP is elected in this estate; or line 1 plus line 2
if the QTIP was previously elected.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Adjusted taxable gifts
(Line 4, Form706, or any other form containing the same information.) . . . . . . . .
5. Illinois Tentative Taxable Estate plus adjusted taxable gifts
(Add Line 3 and Line 4.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Full amount computed for Illinois Estate Tax from website calculator before apportionment
(Use Lines 3 & 5 from this Form 700 for the website calculator.) . . . . . . . . . . . . .
7. Gross value of decedent’s estate having taxable situs in Illinois, plus amount added back from prior estate’s Illinois QTIP election . . . . . . . . . . . . . . . .
8. Gross value of decedent’s estate wherever located (Line 1, Form 706),
plus amount added back from prior estate’s Illinois QTIP election . . . . . . . . . . . .
9. Percent of estate having taxable situs in Illinois
(Line 7 divided by Line 8.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Amount of tax attributable to Illinois
(Line 6 multiplied by Line 9. Also enter on Line 1 in Recapitulation.) . . . . . . . . . .
1.$
2.$
3.$
4.$
5.$
6.$
7.$
8.$
9.%
10.$
With respect to the estate of a deceased resident of this State, all property included in the gross estate of the decedent for Federal Estate Tax purposes shall have a taxable situs in this State for purposes of this Section, excepting real estate and tangible personal property physically situated in another state (including any such property held in trust).
SCHEDULE B – Non-Resident or Alien Decedent’s Estate (Instructions on page 5.)
(Line 1 minus Line 2 if the QTIP is elected in this estate; or line 1 plus line 2 if the QTIP was previously elected) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3$
4. $
Continued on Page 4.
STATE OF ILLINOIS ESTATE & GENERATION SKIPPING TRANSFER TAX RETURN - PAGE 3
SCHEDULE B – Non-Resident or Alien Decedent’s Estate (Continued.)
(Lines 3 & 5 from this Form 700 and applied to website calculator.) . . . . . . . . . .
In the case of a decedent who was a resident of this State at the time of death, all of the transferred property has a tax situs in this State, including any such property held in trust, except real or tangible personal property physically situated in another state.
In the case of a decedent who was not a resident of this State at the time of death, the transferred property having a tax situs in this State, including any such property held in trust, is only the real estate and tangible personal property physically situated in this State.
RECAPITULATION
1. Amount of tax payable to Illinois
(Schedule A Line 10 or Schedule B Line 10.) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Late filing penalty
(5% of tax for each month or portion thereof - maximum penalty 25%.) . . . . . . .
3. Late payment penalty (1/2 of 1% of tax for each month
or portion thereof - maximum penalty 25%.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Interest at 10% per annum from 9 months
after death until date of payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Total Tax, penalties and interest payable
(Total of Lines 1, 2, 3 and 4.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Prior Payment
(Attach explanation.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Balance due
(Line 5 minus Line 6.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATE OF ILLINOIS ESTATE & GENERATION SKIPPING TRANSFER TAX RETURN - PAGE 4
FILING AND PAYMENT INSTRUCTIONS
For decedents dying prior to 2022, see the Returns previously posted on the Attorney General’s website covering the specific year of death.
For persons dying in 2022, the Federal exemption for Federal estate tax purposes is $12,060,000. The exclusion amount for Illinois estate tax purposes is $4,000,000. The exclusion amount operates as a taxable threshold and not as a credit against tax due. If an estate’s gross value exceeds $4 million after inclusion of adjusted taxable gifts, an Illinois Form 700 must be filed, whether or not a federal return is required by the Internal Revenue Service. The estate representative should prepare and submit the Illinois Form 700 with a Federal Form 706, including all schedules, appraisals, wills, trusts, attachments, etc. If an estate is not federally taxable and does not wish to submit a Form 706, the information may be presented in an alternate format as long as all necessary information is included. (See Ill. Admin Code tit. 86, §2000.110.) The Illinois estate tax will be determined using an interrelated calculation for 2022 decedents. The calculator at the Illinois Attorney General’s website (www.illinoisattorneygeneral.gov) may be used for this computation. To determine tax due, insert the amounts from Lines 3 and 5 of Schedule A or B, Form 700. Please note that the Calculator will not perform the computation unless amounts are entered into both fields.
When the tentative taxable estate plus adjusted taxable gifts exceeds $12,060,000 the Illinois Estate Tax Return, Form 700, must include a copy of the Federal Form 706 with all schedules and attachments.
For both resident and nonresident decedents, a preliminary tax prior to apportionment should be calculated assuming all assets are located within Illinois. (Line 6, Schedule A or B, Form 700). The apportioned tax can then be determined by multiplying that figure by the ratio of Illinois assets to total assets.
Illinois QTIP election (Qualified Terminable Interest Property):
For persons dying January 1, 2009 and after, the estate may make a QTIP election for Illinois purposes which is in addition to any Federal QTIP election. The Illinois QTIP must be elected on a timely filed Illinois return by checking the election box (pg. 2, box 4), inserting the dollar amount of the QTIP election, and providing the social security number of the surviving spouse. An itemized list of property included in the Illinois QTIP should be submitted with the return. The Illinois QTIP election will follow Federal statutes and rules for treatment of such elected property passing to the surviving spouse and inclusion for Illinois purposes on any Illinois Estate Tax Return of the surviving spouse, except as to the application of the Illinois Religious Freedom Protection and Civil Union Act to parties of a civil union for Illinois estate tax purposes.
THIS RETURN MUST BE FILED WITH THE ILLINOIS ATTORNEY GENERAL WITHIN NINE (9) MONTHS OF THE DATE OF DEATH. For Cook, DuPage, Lake, and McHenry Counties, file the original of the return with the Office of the Attorney General, Revenue Litigation Bureau, 100 West Randolph Street, 13th Floor, Chicago, Illinois 60601. For all other counties, file the original of the return with the Office of the Attorney General, Revenue Litigation Bureau, 500 South Second Street, Springfield, Illinois 62701.
PAYMENT OF ALL TAXES, INTEREST AND PENALTIES MUST BE MADE PAYABLE TO THE ILLINOIS STATE TREASURER WITH THE “ILLINOIS STATE TREASURER ESTATE TAX PAYMENT FORM” AT THE ADDRESS DESIGNATED THEREIN.
ALL PAYMENTS MUST BE MAILED TO OR DEPOSITED WITH THE STATE TREASURER IN ORDER TO BE CREDITED WITH TIMELY PAYMENT.
Printed by authority of the State of Illinois. (Revised: 07/22)
STATE OF ILLINOIS ESTATE & GENERATION SKIPPING TRANSFER TAX RETURN - PAGE 5
Completing the Illinois Form 700 is a crucial step in managing the estate of a deceased individual. This form must be filled out accurately and submitted within nine months of the date of death. Below are the steps to help guide you through the process of filling out the form.
Following these steps will help ensure that the Illinois Form 700 is filled out correctly and submitted on time, allowing for a smoother process in managing the estate. It is advisable to double-check all entries for accuracy before submission.
The Illinois 700 Form is the Estate and Generation-Skipping Transfer Tax Return for individuals who have passed away on or after January 1, 2021. This form is required for filing estate taxes in Illinois and must be submitted to the Attorney General's office. It collects information about the decedent's assets, the value of the estate, and any applicable taxes. It is essential for ensuring compliance with Illinois estate tax laws.
If the gross value of a decedent's estate exceeds $4 million, the Illinois 700 Form must be filed, regardless of whether a federal estate tax return is required. This includes both resident and non-resident decedents. The estate representative or personal representative is responsible for preparing and submitting the form, along with any necessary attachments, such as the Federal Form 706.
The Illinois 700 Form must be filed within nine months of the decedent's date of death. If additional time is needed, an extension request can be submitted, but it must also be filed within this nine-month window. Failure to meet the deadline can result in penalties and interest on any taxes owed.
If the estate does not owe any taxes, the Illinois 700 Form still needs to be filed if the gross value exceeds the $4 million threshold. In cases where no Illinois estate tax is due, the form may be filed to request a Certificate of Discharge, which can help clear any tax liabilities associated with the estate. This is important for finalizing the estate administration process.
Incorrect Selection of Return Type: Many individuals fail to select the appropriate return type, such as original, supplemental, or amended. This can lead to processing delays or rejections.
Missing Social Security Numbers: A common oversight is omitting the decedent’s Social Security number. This information is crucial for identification and processing.
Failure to Attach Required Schedules: Not including the necessary schedules, such as itemized asset lists or federal estate tax returns, can result in incomplete submissions and potential penalties.
Incorrect Asset Valuation: Some filers miscalculate the gross value of the decedent’s assets. This figure must be accurate and should not account for mortgages or liens.
Ignoring QTIP Election Requirements: Individuals often neglect to provide the required details for the Illinois QTIP election, including the amount and social security number of the surviving spouse.
Late Filing or Payment: Failing to file the return within nine months of the date of death can incur penalties and interest. Timeliness is essential to avoid additional costs.
Inaccurate Tax Calculations: Errors in calculating the Illinois estate tax, especially when using the website calculator, can lead to underpayment or overpayment, complicating the estate settlement process.
The Illinois Form 700 is crucial for reporting estate and generation-skipping transfer taxes. When filing this form, several other documents may be necessary to ensure compliance with state regulations. Below is a list of forms commonly associated with the Illinois 700 form, each serving a specific purpose in the estate tax process.
Understanding these associated forms is vital for anyone involved in estate planning or administration in Illinois. Properly completing and submitting these documents can help avoid penalties and ensure that the estate is settled in accordance with state law.
The Illinois 700 form shares similarities with the Federal Estate Tax Return, commonly known as Form 706. Both documents serve the primary purpose of reporting the value of a decedent's estate for tax purposes. The Federal form is required when the gross estate exceeds the federal exemption threshold, which is $11.7 million as of 2021. In contrast, the Illinois 700 form is necessary when the estate's value surpasses the Illinois exemption of $4 million. Both forms require detailed information about the assets, deductions, and the calculation of taxes owed, ensuring compliance with both state and federal tax laws.
Another document akin to the Illinois 700 form is the Illinois Generation-Skipping Transfer Tax Return. This form is used to report transfers that skip a generation, typically from a grandparent to a grandchild. Like the Illinois 700, it requires an inventory of the estate's assets and the calculation of taxes owed. Both forms also necessitate an understanding of the applicable exemptions and tax rates, as they are designed to ensure that the state collects the appropriate taxes on significant wealth transfers. The Illinois Generation-Skipping Transfer Tax Return complements the 700 form by addressing specific scenarios where wealth bypasses the immediate next generation.
The Illinois QTIP Election form is another document that parallels the Illinois 700 form in purpose and function. QTIP, or Qualified Terminable Interest Property, allows a surviving spouse to receive income from a trust while ensuring that the principal passes to other beneficiaries after their death. The election must be made on the Illinois 700 form when applicable, and it requires an itemized list of the property included in the election. Both forms aim to facilitate the tax treatment of marital property, ensuring that the surviving spouse benefits while still adhering to tax regulations.
The Illinois Form IL-4350a, which is used to request an installment payment plan for estate taxes, also shares similarities with the Illinois 700 form. Both documents address the financial obligations of an estate after the decedent's death. While the 700 form reports the estate's value and calculates the tax due, Form IL-4350a allows estates that may face liquidity issues to pay their tax liabilities over time. This flexibility is crucial for estates that may not have immediate cash available to cover tax obligations, reflecting a broader understanding of estate management.
The Amended Federal Estate Tax Return, or Form 706-X, is another relevant document. This form is used to correct previously filed Federal Estate Tax Returns. Similar to the Illinois 700 form, it requires a recalculation of the estate's value and the corresponding tax liabilities. When changes occur, such as new valuations or deductions, both forms must be amended to ensure accurate reporting. This process helps maintain compliance with tax laws and provides a pathway for estates to rectify any discrepancies in their filings.
The Certificate of Discharge is also comparable to the Illinois 700 form, as it serves as a formal acknowledgment that all estate taxes have been paid. While the 700 form is used to report and calculate taxes owed, the Certificate of Discharge is issued once those obligations are fulfilled. Both documents are essential in the estate settlement process, ensuring that heirs can receive their inheritances without the burden of unresolved tax issues.
Lastly, the Illinois Estate Tax Payment Form is another document that works in conjunction with the Illinois 700 form. This form is specifically used to submit payment for the estate taxes calculated on the 700 form. While the 700 form details the estate's value and tax calculation, the payment form facilitates the actual transfer of funds to the state. Together, they represent the complete process of reporting and paying estate taxes in Illinois, underscoring the importance of compliance with state tax obligations.
When filling out the Illinois 700 form, it is crucial to adhere to specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.
The Illinois Form 700 is required for estates with a gross value exceeding $4 million after accounting for adjusted taxable gifts. This applies regardless of whether a federal estate tax return is necessary.
When filling out the form, it’s essential to indicate the decedent's address, social security number, and the name of the personal representative or person filing the return.
Make sure to check the appropriate box to indicate whether this is an original, supplemental, or amended return. Each type has different implications for tax due.
For estates that qualify, the Illinois QTIP election allows for certain property to be treated favorably for tax purposes. This election must be indicated on the form and requires an itemized list of the property.
Filing must occur within nine months of the decedent's date of death. Extensions are possible, but proper documentation must be attached to the return.
When calculating tax due, utilize the Illinois Attorney General’s website calculator. Input values from the form to ensure accurate computations.