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 Kozi Checks & Balances TaxTactics News 
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October 30.2025
2 Minutes Read

Illinois Lawmakers Push Rush Tax on Unrealized Gains — What It Means

Illinois Lawmakers Are Attempting to Rush Through a Harmful Tax on Unrealized Gains in 48 Hours

Illinois Moves to Tax Unrealized Gains: A Controversial Proposal

In an accelerated legislative effort, Illinois lawmakers are pushing a radical tax plan aimed at billionaires that targets "unrealized gains." A new proposal, aptly named the Extremely High Wealth Mark-to-Market Tax Act, aims to levy a 4.95% tax on the unrealized gains from various assets. This includes stocks, bonds, business interests, art, and other owned properties—whether they are physically located in Illinois or not. The shock factor of this initiative rests not only in its ambitious scope but also in the rapid timeline set for its passing, with only 48 hours designated for legislative review.

The Mechanics of the Tax: Understanding Unrealized Gains

Under this ambitious plan, taxpayers would be taxed not on the income they earn, but on the increased value of their assets, which cannot be realized until they are sold. This means that a billionaire’s assets could face taxation based solely on an appreciated value that has yet to become liquid cash. While proponents argue that taxing these unrealized gains could close significant tax loopholes, critics cite potential economic repercussions, suggesting that such a system may discourage investment and lead to capital flight out of Illinois.

Legal and Economic Implications of the Proposal

Adding to the complexity, Illinois’s current constitution prohibits personal property taxes, framing this legislation as an income tax instead. This raises questions about its constitutional viability and economic equity. While some may deem taxing billionaires as a reasonable measure, the bill could inadvertently exert pressure on small businesses and startup investments, as asset-rich entrepreneurs might find themselves cash-poor due to these unrealized tax obligations.

Historical Context: A Precedent or a New Frontier?

No nation has successfully implemented a mark-to-market capital gains tax system akin to what is being proposed in Illinois. This gives rise to significant questions about the practical implementation of such a tax. With complexities regarding valuation—especially for non-liquid assets—experts predict that measuring the value of privately held companies, art, and collectibles will be fraught with difficulties. As financial experts note, this is tantamount to expecting meticulous assessments in a paradigm that has historically avoided direct taxation on unrealized wealth.

Final Thoughts: What This Means for Illinois

The initiatives led by Illinois lawmakers reflect a mounting tension between the state's need for revenue and the potential ramifications for its wealthiest residents. The question remains: will targeting unrealized gains through such an aggressive tax method solve budgetary concerns, or will it drive wealthy individuals and their investments out of state?

Illinois residents, businesses, and stakeholders must stay informed on this crucial issue as it unfolds. Understanding the potential impact of this tax proposal could be vital in guiding discussions about fairness in taxation and economic sustainability in the region.

Tax Deduction Deep-Dives

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02.18.2026

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