2026 State Tax Competitiveness Index Reveals Winners and Losers

Illinois Unrealized Gains Tax: Rapid Legislation with Huge Consequences

Update Unrealized Gains Tax: A Controversial Proposal on the Fast Track In the midst of a hectic legislative session, Illinois lawmakers have taken the unusual step of pushing forward the Extremely High Wealth Mark-to-Market Tax Act, set to impose a 4.95% tax on unrealized gains of billionaires. This tax, which targets assets that haven’t been sold and thus aren’t liquid cash, could have a profound impact not just on wealth distribution but also on the state’s economy moving forward. The Mechanics of the Proposed Tax This proposal aims to tax a wide range of assets, including stocks, bonds, and even stakes in private businesses. Billionaires would be required to pay taxes annually on these assets based on their current market value, regardless of whether they’ve made any actual profit from selling them. Consider a tech entrepreneur who has a company worth over a billion dollars; if that’s on paper but the business isn’t yet profitable, they would still owe taxes on that paper wealth. This raises significant questions about liquidity and the real financial strain such a tax might impose on business owners. How Does This Affect Investment? The swift passage of this legislation in under 48 hours could precipitate a seismic shift in investment dynamics in Illinois. With the possibility of taxing paper gains, wealthier residents may be incentivized to relocate to states with less burdensome tax regimes. Already, experts anticipate that a significant uptick in taxpayer migration could follow the enactment of the unrealized gains tax, further depleting state revenues over the long run. Moreover, businesses may curtail their growth initiatives out of fear that new taxes could outpace their earnings. A Complex Taxation System The Illinois constitution prohibits taxing personal property, meaning that this tax is being presented as an income tax. Many argue that while capital gains are typically viewed as income once realized, taxing them before they are even sold introduces a host of complications—not least of which is that it could lead to over-taxation due to inflation. Essentially, taxpayers would be charged on gains that haven't yet been realized as income, a move that has never been employed in any tax system globally. With intrinsic challenges in assessing the real value of privately held and intangible assets, the tax collectors could face substantial difficulties in the practical administration of this tax. Community Impact and Future Implications This proposed tax, while targeting billionaires, could have unforeseen consequences for local communities and the economy at large. Wealthy residents contribute significantly to state and local revenues. Should they choose to relocate, not only could the state see a drop in significant tax revenues, it might also impact charitable contributions and community investments that help many grassroots initiatives thrive. Conclusion: Why You Should Care The implications of the mark-to-market tax in Illinois extend beyond the state’s billionaires. This taxation model could redefine economic engagement and investment strategies. Understanding these changes is crucial for residents who might be affected directly or indirectly. If you're invested in Illinois' economic future, keep a close eye on this critical discussion, as the implications of this proposed tax could alter the local landscape for years to come.