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Business Corporation Act of 1983

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Over the years, too many corporations doing business in Illinois have had the unfortunate experience of receiving a notice of delinquency from the Office of the Secretary of State of Illinois (the ā€œSecretary of Stateā€) demanding immediate payment of additional franchise tax, penalties, and interest. Not to be confused with the Illinois corporate income tax, which is administered by the Illinois Department of Revenue, the Illinois franchise tax is codified in the Business Corporate Act of 1983, 805 ILCS 5/1.01, et seq. (the ā€œBCAā€), and is administered by the Secretary of State. The franchise tax is considered a fee for the privilege and protections of ā€œincorporationā€, and therefore only applies to ā€œcorporationsā€ and not other business entities (e.g., LLCs, LLP, GPs, etc.). The Illinois franchise tax base is measured by a corporationā€™s Illinois ā€œpaid-in capitalā€ — meaning, funds generated by corporations by issuing stock, plus additional cash/equity contributed by shareholders.