This post originally appeared as an op-ed on Forbes.
TaxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities.
day may be behind us, but Illinois residents could be working longer to pay their state taxes in future years under legislation unveiled by House Deputy Majority Leader Lou Lang (D)—a proposal that would see the top rate soar from 3.75 to 9.75%. Were the tax increase adopted, Illinois would fall from 23rd to 48th on the Tax Foundation’s State Business Tax Climate Index, above only New York and California.
Since the partial expiration of the state’s temporary tax increase under which the individual income taxAn individual income tax (or personal income tax) is levied on the wages, salaries, investments, or other forms of income an individual or household earns. The U.S. imposes a progressive income tax where rates increase with income. The Federal Income Tax was established in 1913 with the ratification of the 16th Amendment. Though barely 100 years old, individual income taxes are the largest source of tax revenue in the U.S.
briefly stood at 5.0%, many in the legislature have clamored for a tax increase, and particularly for the introduction of a graduated rate tax in the Prairie State. Intended to facilitate the payment of the state’s accumulated unpaid bills, the temporary tax increase partially sunset in 2015, with the rate dropping to 3.75%, still modestly higher than the pre-tax hike flat rate of 3.0%. However, the state still has over $7.5 billion in unpaid bills, and Gov. Bruce Rauner (R) and legislative Democrats continue to fight over adoption of a state budget, with Democrats seeking additional revenues and Rauner insisting on a range of structural reforms as a prerequisite to considering any tax changes.
Under pending legislation backed by top Democrats in the state, Illinois could replace its current 3.75% individual income tax with a four-rate system topping out at 9.75%. House Bill 689, sponsored by Representative Lang, would give Illinois the fourth highest top marginal income tax rate in the country, after California, Oregon, and Minnesota. Because the proposed rate schedule does not double bracket width for joint filers, the bill would also introduce a marriage penaltyA marriage penalty is when a household’s overall tax bill increases due to a couple marrying and filing taxes jointly. A marriage penalty typically occurs when two individuals with similar incomes marry; this is true for both high- and low-income couples.
, meaning that married couples could pay more than they would as single filers. The proposed rates and brackets under HB 689 are as follows:
HB 689 Rates and Brackets
| Single | Joint | ||||
|---|---|---|---|---|---|
| Rate | Bracket | Rate | Bracket | ||
| 3.50% | > | $0 | 3.50% | > | $0 |
| 3.75% | > | $100,000 | 3.75% | > | $200,000 |
| 8.75% | > | $500,000 | 8.75% | > | $750,000 |
| 9.75% | > | $1,000,000 | 9.75% | > | $1,500,000 |
Because the state constitution currently prohibits the imposition of a graduated-rate income tax, the legislation is contingent on voter ratification of a constitutional amendment (HJRCA 59) lifting the restriction. Previously, House Speaker Michael Madigan (D) proposed a 3% surcharge on income above $1 million. Although it is perhaps unlikely that the two pieces of legislation would be adopted in tandem, doing so would result in a top rate of 12.75%, inching the state closer to California’s top rate of 13.3%.
Although most individual Illinoisans would not be exposed to higher rates under HB 689, it is important to bear in mind that many small businesses are subject to the individual income tax. In fact, while most pass-through businesses (S corporations and partnerships) lack sufficient adjusted gross incomeFor individuals, gross income is the total pre-tax earnings from wages, tips, investments, interest, and other forms of income and is also referred to as “gross pay.” For businesses, gross income is total revenue minus cost of goods sold and is also known as “gross profit” or “gross margin.”
(AGI) to be exposed to the new higher tax bracketsA tax bracket is the range of incomes taxed at given rates, which typically differ depending on filing status. In a progressive individual or corporate income tax system, rates rise as income increases. There are seven federal individual income tax brackets; the federal corporate income tax system is flat.
, those businesses that would experience a tax increase under HB 689 account for nearly 72% of all pass-through income.
Of particular note, the companies responsible for over half of all small business income would be subject to a top marginal rate of 9.75%, which is significantly higher than Illinois corporate income tax rate of 7.75% (including two separate taxes on corporate income, one at a 5.25% rate and one at a 2.5% rate). Even businesses with income above $500,000 but not more than $1 million would pay more as pass-throughs than they would under the corporate income tax were this plan adopted. The table below gives a sense of how many Illinois small businesses would be adversely affected by the tax increase, and the percentage of total pass-through AGI they represent.
Pass-Through Businesses with AGI above $500,000 (2013)
| Pass-Through Range | Number | % of Total | AGI | % of Total |
|---|---|---|---|---|
| $500,000 – $999,999 | 19,150 | 5.05% | $4.47 billion | 19.71% |
| $1,000,000 + | 12,330 | 3.25% | $11.79 billion | $51.94% |
| Total Above $500,000 | 31,480 | 8.31% | $16.26 billion | 71.64% |
Source: IRS Statistics of Income
This substantial impact on small businesses drives the state’s precipitous drop, should the proposal be adopted, in our State Business Tax Climate Index. The Index has five components, and at present, Illinois’ best performance is on the individual income tax component, where it ranks 10th in the nation. (The state ranks 23rd overall.) Under the proposal, the state would fall to 48th both on the individual income tax component and on the Index overall.
The proposal represents a stark departure from the current system. Not only does it entail a shift from a low, flat-rate income tax to a high, graduated-rate tax, but it also introduces a marriage penalty and fails to adopt inflation indexingInflation indexing refers to automatic cost-of-living adjustments built into tax provisions to keep pace with inflation. Absent these adjustments, income taxes are subject to “bracket creep” and stealth increases on taxpayers, while excise taxes are vulnerable to erosion as taxes expressed in marginal dollars, rather than rates, slowly lose value.
of brackets, meaning that a greater percentage of state income will be exposed to higher rates over time due to inflationInflation is when the general price of goods and services increases across the economy, reducing the purchasing power of a currency and the value of certain assets. The same paycheck covers less goods, services, and bills. It is sometimes referred to as a “hidden tax,” as it leaves taxpayers less well-off due to higher costs and “bracket creep,” while increasing the government’s spending power.
. All of these factors are taken into consideration in our Index, and merit careful reflection by state lawmakers, as they would result in a poorly-structured tax with one of the highest top rates in the nation.
Some proponents of the legislation insist that the proposal is consistent with shoring up the state’s business climate. While our Index only measures one aspect of the business climate (tax structure), the evidence is clear that uncompetitive tax systems have a deleterious effect on economic growth. Billed as a tax increase on only the richest Illinoisans, HB 689 would dramatically increase tax burdens on the state’s job creators and entrepreneurs.