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 Kozi Checks & Balances TaxTactics News 
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October 30.2025
3 Minutes Read

Illinois Unrealized Gains Tax: Rapid Legislation with Huge Consequences

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

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.

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12.12.2025

The Impact of QSBS Exclusion on Investment: A Misguided Incentive?

Update Questioning the Efficacy of QSBS Exclusion Investment incentives designed to stimulate growth can sometimes have unexpected ramifications. The Qualified Small Business Stock (QSBS) exclusion, which allows investors to exclude capital gains from certain small business stocks, is a classic example of a policy that may do more harm than good in the long run. Intended to encourage investment in budding startups, it instead distorts business decisions by favoring certain structures and industries, ultimately leading to economic imbalances. How QSBS Distorts Business Decisions Investors often find themselves navigating a complex landscape shaped by this tax exclusion. To qualify, companies must adhere to stringent rules: they must be domestic C-corporations with gross assets under $75 million and must actively conduct a qualified trade or business using at least 80% of their assets. This creates a scenario where business growth or investor decisions hinge less on fundamental strengths and more on tax qualifications, potentially leading to missed opportunities in more deserving sectors. How the OBBBA Shapes QSBS Landscape The One Big Beautiful Bill Act (OBBBA) made notable modifications to QSBS rules, raising the exclusion limit from $10 million to $15 million for investments made after July 4, 2025. Such financial incentives can lead to skewed investment patterns, as they shift focus away from innovative or impactful industries in favor of those that meet the technical requirements of QSBS. The Case for Simplifying Tax Incentives Critics argue that rather than maintaining a convoluted tax structure that incentivizes only specific outcomes, a broader, simpler approach like expanding expensing provisions could yield a more neutral playing field. Such a change could provide a pro-growth environment where businesses are incentivized by actual economic performance rather than arbitrary tax benefits. Rethinking Investment Strategies Investors must remain adaptable as they confront the landscape reshaped by QSBS and its recent expansions. Understanding the nuances of these regulations can prove crucial, especially for early-stage employees and startup founders who may be navigating their stock options and equity compensation. With many states imposing their taxes on QSBS gains despite federal exclusions, comprehension of regional tax implications becomes imperative. Empowering Communities Through Informed Investment The complexities surrounding QSBS highlight the need for grassroots financial education. For community stakeholders, grasping these intricacies isn't just about maximizing financial returns; it's about ensuring stability within local economies. By fostering informed investment and encouraging the right types of business growth, communities can harness these incentives to their advantage. It’s time to take a step back and rethink not just how we promote investment, but how we can do so in ways that serve both businesses and the larger economic community effectively.

12.11.2025

Unpacking the OBBBA: A Close Look at Debt, Deficits, and Tax Revenue

Update Understanding the OBBBA's Fiscal Impact and Future TrendsThe One Big Beautiful Bill Act (OBBBA), set against a backdrop of rising national debt and ongoing economic challenges, is entering the fiscal dialogue with significant implications for the future of U.S. economic health. As projections suggest that public debt could soar to 124% of GDP by 2034, it's essential to unpack how this legislation interacts with existing fiscal dynamics.What Does the OBBBA Entail?At its core, the OBBBA represents a substantial tax cut—estimated at $5 trillion over the next decade. While this sounds promising as it aims to stimulate economic growth by reducing individual income tax rates, it adds a layer of complexity due to its potential to escalate national deficits. According to recent modeling, even accounting for spending reforms, the OBBBA is projected to increase the deficit by approximately $3.8 trillion, which puts additional strain on the already rising debt levels.Implications for Tax Revenue and Deficit SpendingThe act's design ensures it is impactful, but it poses questions regarding sustainability. It's projected to boost GDP modestly by 1.2%, enhancing economic conditions but creating a higher deficit-to-GDP ratio. When considering historical trendlines of revenue—which is expected to average around 18% of GDP—there's a clear indicator that if spending cuts are not balanced effectively, we could face severe fiscal cliffs that threaten financial stability.Potential Tariff Benefits Against Debt IncreaseMoreover, the introduction of new tariffs under the Trump administration may offset some costs of the OBBBA, providing an additional $2.1 trillion in revenue, reducing the net increase in deficits to about $1.4 trillion. However, these tariffs also carry their own economic implications, potentially leading to tariff-induced inflation and challenges for consumer spending, complicating the economic landscape further.Future Outlook and RecommendationsLawmakers are encouraged to consider healthcare and old-age programs that significantly contribute to the nation’s debt as they navigate impending fiscal policies. Crafting a bipartisan fiscal commission could be a prudent step towards addressing these critical long-term issues. Ensuring that the economic growth promised by the OBBBA is sustainable is vital for protecting the fiscal health of the country and avoiding a crisis that might necessitate drastic adjustments in the future.

12.09.2025

Navigating the NCTI Tax Surprise: What States Are Missing

Update Why State Taxation of NCTI Might Surprise You The new tax on net controlled foreign corporation-tested income (NCTI) is making waves in state tax codes across the nation, yet many taxpayers might find themselves blindsided by unexpected charges. Despite prior exclusions of the global intangible low-taxed income (GILTI) tax in states like Iowa, Kansas, New Hampshire, and Tennessee, the transition to NCTI could see these states unwittingly start taxing this income due to how they have defined their exclusions. Lawmakers might be caught off guard as legislation evolves, potentially revealing a hidden tax burden in state funding. Decoupling from GILTI: A Double-Edged Sword The effort to decouple from GILTI in some states was initially a relief for taxpayers, reflecting a policy aimed at avoiding unnecessary taxation on foreign income. Yet, as outlined in the recent changes proposed by the One Big Beautiful Bill Act (OBBBA), states risk falling into a trap of implementing a new tax regime that could be even more burdensome. Without explicit efforts to adjust for NCTI, states could inadvertently adopt a tax that encompasses all income associated with foreign subsidiaries, even when those entities are subject to hefty foreign taxes. The Tax Code Complexity: Understanding the NCTI Landscape For the average taxpayer, decoding the intricacies of NCTI taxation can feel daunting. Under the OBBBA, the rules have shifted considerably, leading to questions about how states will interpret their tax codes. For instance, while some states have excluded GILTI by names, such as the exclusion from certain IRC sections, NCTI's introduction adds a new layer of complexity, particularly with regards to how much foreign income can be taxed without appropriate credit provisions in place. The Impacts of State Taxation: Implications for Businesses Taxing NCTI at the state level could push businesses operating in high-tax foreign jurisdictions to rethink their strategies. Companies might consider shifting more of their operations outside states that adopt aggressive taxation on foreign income, thereby potentially diminishing their local economic contributions. Furthermore, the lack of foreign tax credits at the state level could deter businesses from settling or expanding their bases of operation in states that seek to tax NCTI, creating long-term implications for economic growth and job creation. What Can Taxpayers Do? As the discussion surrounding NCTI unfolds, taxpayers should remain vigilant and proactive. It is beneficial to consult with tax professionals who understand these nuances and can help navigate potential challenges. Taxpayers might find opportunities to voice their concerns to state lawmakers before any hasty implementations take place. Engaging in dialogues surrounding the equity of taxing international income will ensure that the implications of these decisions are well understood by all parties involved. Stay Updated on the Evolving Tax Landscape As taxpayers face new challenges brought about by NCTI, staying informed will be critical. Subscribing to tax updates or seeking regular counsel from trusted financial advisors will equip individuals and businesses alike with the knowledge necessary to navigate this shifting terrain effectively.

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