
The Illinois Fair Tax Law, also known as the Fair Tax amendment, is a proposed change to the state's tax code. The amendment seeks to introduce a graduated income tax structure, replacing the current flat tax rate. Under the proposed law, higher incomes would be taxed at a higher rate, with the goal of providing tax relief to low and middle-income families. The amendment has been a topic of debate, with proponents arguing that it would make the tax system fairer and generate additional revenue for essential services, while opponents raise concerns about potential negative impacts on businesses and high-income earners. In 2020, Illinois voters rejected the amendment, but it continues to be a subject of discussion and advocacy in the state.
| Characteristics | Values |
|---|---|
| Objective | To make the Illinois tax code fairer, provide tax relief to most Illinoisans, better fund public goods and social services, and boost small businesses |
| Proposal | To change from a flat tax rate to a graduated-rate income tax |
| Proposed by | Governor J.B. Pritzker |
| Proposed tax rates | 2.9% on the first $12,500 of income, 4.9% on income from $12,500 to $180,000, and 6.9% on income above $180,000 |
| Estimated impact on median taxpayer | A reduction in the tax bill by $303 per year compared to a 5% rate |
| Support | Labor, education, women's, racial justice, and faith groups, as well as organizations like AARP Illinois and the Illinois Alliance for Retired Americans |
| Opposition | Business associations, Illinois' wealthiest residents, and organizations like the Illinois Chamber of Commerce and Vote No Blank Check |
| Arguments for | It would provide tax relief to 94% of Illinoisans, make the tax system fairer, and raise additional revenue for schools and social services |
| Arguments against | It could hurt businesses, drive wealthy residents out of the state, and lead to future tax hikes, with the additional revenue being mishandled by the state government |
| Referendum result | Rejected, receiving about 47% "yes" votes and 53% "no" votes |
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What You'll Learn

Graduated income tax
The Illinois Fair Tax amendment, also known as the "Fair Tax for Illinois", proposes a graduated income tax system. This system consists of multiple tax brackets, where tax rates increase as income increases. In other words, higher incomes pay higher rates and lower incomes pay lower rates. The proposed amendment seeks to transition Illinois from its current flat-rate tax structure, where all taxpayers are subject to the same tax rate of 4.95%.
The graduated income tax structure is often referred to as a progressive tax system. This means that the tax rate progresses from low to high, resulting in a taxpayer's average tax rate being lower than their marginal tax rate. The goal of such a system is to reduce the tax burden on those with lower incomes and shift the tax incidence to those with higher incomes. This type of taxation is frequently suggested as a way to address societal issues stemming from income inequality.
In 2014, Senator Don Harmon proposed a Fair Tax amendment with a marginal rate schedule. This schedule included a 2.9% tax on the first $12,500 of income, a 4.9% tax on income between $12,500 and $180,000, and a 6.9% tax on all income exceeding $180,000. Harmon's proposal estimated a reduction in the tax bill for the median Illinois taxpayer, who earns $55,317 per year.
The Illinois Fair Tax amendment has sparked debate among proponents and opponents. Supporters argue that the amendment would make the tax code fairer, provide tax relief to most Illinois residents, better fund public services, and boost small businesses. They contend that the current flat-rate structure results in working families paying more than their fair share, while the wealthiest pay less, leading to a lack of resources for vital programs.
On the other hand, critics of the amendment argue that it could lead to future tax hikes, negatively impact businesses, and drive both businesses and wealthy residents to leave the state. They also express concerns about the state government's ability to appropriately allocate the additional funds raised through the graduated tax structure.
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Tax relief for 94% of Illinoisans
The Illinois Fair Tax Law is a proposal to change the state's flat tax rate to a graduated rate. In 2014, Senator Don Harmon proposed a Fair Tax amendment, suggesting a marginal rate schedule that would tax the first $12,500 of income at 2.9%, income between $12,500 and $180,000 at 4.9%, and all income over $180,000 at 6.9%. This proposal was estimated to reduce the tax bill of the Illinois median taxpayer (earning $55,317 per year) by $303 per year compared to a 5% rate.
Proponents of the Fair Tax amendment, including Governor J.B. Pritzker, argue that it would provide tax relief to 94% of Illinoisans (some sources state 97%), with the remaining 3% being wealthier residents who would pay more. They contend that the current flat tax rate of 4.95% is unfair, as it forces low and middle-income families to pay taxes at the same rate as billionaires. The proposed change would mean that everyone earning up to $250,000 would pay the same or less than they do currently. Additionally, the plan includes property tax relief with a $100 million increase in the property tax credit, and a new tax credit of $100 per child for families raising children.
Supporters of the amendment believe that it would make the Illinois tax code fairer, better fund public goods and social services, and boost small businesses. They argue that it would stabilize the state's finances, making it more attractive for businesses to operate and grow in Illinois. Additionally, they point out that states with fair tax systems tend to grow faster and create more jobs.
Opponents of the amendment, on the other hand, argue that it would hurt businesses and drive them, along with wealthy residents, to neighboring states. They also believe that it would open the door to future tax hikes and place more revenue in the hands of an untrustworthy state government. They contend that the claimed tax relief of 94% is misleading, as it is based on current rates rather than the expected decline in the personal income tax rate to 3.75% in 2015 due to the expiration of a temporary surtax. The referendum for the Fair Tax amendment did not receive the required majority for approval, with about 47% "yes" votes and 53% "no" votes.
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Small business impact
The Illinois Fair Tax Law, also known as the Graduated Income Tax Amendment, proposed to replace the state's flat tax rate with a graduated rate structure. This would have meant that higher incomes would be taxed at a higher rate, and lower incomes would be taxed at a lower rate. The amendment was supported by Governor J.B. Pritzker and other Democratic lawmakers, who argued that it would make the tax code fairer, provide tax relief to most Illinois residents, and boost small businesses.
However, the potential impact on small businesses was a highly debated aspect of the proposed Fair Tax Law. Proponents of the amendment, such as the Vote Yes for Fairness committee, argued that the current flat tax structure was unfair and that the new law would benefit small businesses by reducing their tax burden. They claimed that the flat tax forced low and middle-income families to pay taxes at the same rate as billionaires, resulting in working families paying more than their fair share.
On the other hand, opponents of the amendment, including several business associations, argued that the Fair Tax Law would hurt small businesses and drive them out of the state. They contended that small businesses, particularly those structured as pass-through entities, would face significant tax increases under the new law. Lissa Druss, a spokeswoman for the Coalition to Stop the Proposed Tax Hike Amendment, claimed that the amendment would allow for a 47% increase in small business taxes.
The debate also centred around the potential impact on retirees and high earners. Opponents of the amendment argued that it would open the door to taxing retirement income, which could drive wealthier residents out of the state. They contended that the state government could not be trusted to appropriately spend the additional funds raised by the tax increase.
Ultimately, Illinois voters rejected the Fair Tax proposal in 2020, with 53% voting against it. This outcome suggested that small business owners and other voters were concerned about the potential negative impact of the amendment on their businesses and the state's economic climate. The rejection of the Fair Tax Law indicated a preference for maintaining the status quo and avoiding potential tax hikes for small businesses in Illinois.
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Increased funding for public services
The Illinois Fair Tax amendment, also known as the "Fair Tax for Illinois", proposes a constitutional amendment to the state's tax code. The amendment seeks to introduce a graduated-rate income tax structure, replacing the current flat-rate system. This change aims to make the tax system fairer by imposing higher tax rates on higher incomes and lower rates on lower incomes.
The proponents of the Fair Tax argue that it will provide increased funding for vital public services and programs, including education, healthcare, and social services. For instance, the Chicago Teachers Union highlights that the Fair Tax is expected to raise $3 billion per year, with a significant portion allocated to public schools. This additional funding is crucial for supporting students, especially in districts with a high proportion of Black and Latinx students, by providing stable resources to meet their needs.
Moreover, the Healthy Illinois Campaign emphasizes the importance of the Fair Tax in ensuring healthcare coverage for all low-income Illinois residents, regardless of immigration status. The campaign also highlights the need for funding to continue vital health programs such as the Health Benefits for Immigrant Adults and Health Benefits for Immigrant Seniors programs.
The Fair Tax amendment has gained support from various groups, including labor, education, women's, racial justice, and faith organizations. These supporters believe that the amendment is a step towards a brighter future for Illinois, as it ensures that essential workers and low- to middle-income families pay less in taxes while receiving improved public services.
However, opponents of the Fair Tax amendment argue that it could hurt businesses and drive wealthier residents out of the state. They also question the state government's ability to appropriately allocate the additional funds raised through the Fair Tax. Despite these concerns, the amendment has been actively supported by Governor J.B. Pritzker, who donated $56.5 million of his personal wealth to the "Vote Yes for Fairness" campaign.
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Opposition from business associations
The Illinois Fair Tax amendment has faced opposition from several business associations, which argue that it would negatively impact businesses in the state. They contend that the proposed tax system would hurt businesses and drive them, along with wealthy residents, to neighbouring states. This argument is supported by the Illinois Chamber of Commerce, which also believes that the new tax system would push wealthier earners out of Illinois.
The Vote No Blank Check organization, which campaigns against the Illinois Fair Tax, has pointed to the corruption scandal involving Commonwealth Edison and Illinois House Speaker Michael Madigan as evidence that the state government cannot be trusted to spend the additional funds raised appropriately. They also argue that the proposal gives lawmakers a
Another concern raised by opponents is the potential for future tax hikes, which they believe will be detrimental to businesses. They argue that the current flat-rate structure, which taxes low and middle-income families at the same rate as billionaires, already puts a strain on working families. They worry that any substantial rate increase will accelerate migration out of Illinois, a major concern for businesses.
In addition, opponents contend that the proposed tax rates are misleading. They argue that the claimed tax relief is calculated based on current rates rather than the law at the time, which prescribed a decline in the personal income tax rate for 2015. This, they believe, creates a false impression of tax relief.
The opposition to the Illinois Fair Tax amendment has resulted in the formation of two organizations: the Vote No on Blank Check Amendment Committee, led by Greg Baise, former president of the Illinois Manufacturers' Association, and the Coalition To Stop The Proposed Tax Hike Amendment, which received substantial donations from Kenneth C. Griffin, a hedge fund manager and Illinois' wealthiest resident. These groups reflect the concerns of business associations and aim to prevent the implementation of the Illinois Fair Tax amendment.
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Frequently asked questions
The Illinois Fair Tax Law is a proposed graduated income tax system that would replace the current flat tax rate.
Illinois currently has a flat tax rate of 4.95%.
The proposed changes to the tax rate under the Fair Tax Law vary, but some suggestions include: taxing the first $12,500 of income at 2.9%, income from $12,500 to $180,000 at 4.9%, and income over $180,000 at 6.9%. Another proposal suggests a rate of 7.99% for income over $1 million.
Proponents of the Illinois Fair Tax Law argue that it would make the tax system fairer, provide tax relief to most residents, better fund public services, and boost small businesses. They also argue that it would raise additional revenue for schools, universities, childcare, and healthcare.
Opponents of the Illinois Fair Tax Law argue that it would hurt businesses, drive wealthy residents out of the state, and lead to future tax hikes. They also argue that the state government cannot be trusted to appropriately spend the additional revenue.
















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