(805 ILCS 5/15.05)(from Ch. 32, par. 15.05) Sec. 15.05. Fees, franchise taxes, and charges to be collected by Secretary of State. The Secretary of State shall charge and collect in accordance with the provisions of this Act: (a) Fees for filing documents. (b) License fees. (c) Franchise taxes. (d) Miscellaneous charges. (e) Fees for filing annual reports. (Source: P.A. 93‑59, eff. 7‑1‑03.)
(805 ILCS 5/15.10)(from Ch. 32, par. 15.10) Sec. 15.10. Fees for filing documents. The Secretary of State shall charge and collect for: (a) Filing articles of incorporation, $150. (b) Filing articles of amendment, $50, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $150. (c) Filing articles of merger or consolidation, $100, but if the merger or consolidation involves more than 2 corporations, $50 for each additional corporation. (d) Filing articles of share exchange, $100. (e) Filing articles of dissolution, $5. (f) Filing application to reserve a corporate name, $25. (g) Filing a notice of transfer of a reserved corporate name, $25. (h) Filing statement of change of address of registered office or change of registered agent, or both, $25. (i) Filing statement of the establishment of a series of shares, $25. (j) Filing an application of a foreign corporation for authority to transact business in this State, $150. (k) Filing an application of a foreign corporation for amended authority to transact business in this State, $25. (l) Filing a copy of amendment to the articles of incorporation of a foreign corporation holding authority to transact business in this State, $50, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $150. (m) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to transact business in this State, $100, but if the merger involves more than 2 corporations, $50 for each additional corporation. (n) Filing an application for withdrawal and final report or a copy of articles of dissolution of a foreign corporation, $25. (o) Filing an annual report, interim annual report, or final transition annual report of a domestic or foreign corporation, $75. (p) Filing an application for reinstatement of a domestic or a foreign corporation, $200. (q) Filing an application for use of an assumed corporate name, $150 for each year or part thereof ending in 0 or 5, $120 for each year or part thereof ending in 1 or 6, $90 for each year or part thereof ending in 2 or 7, $60 for each year or part thereof ending in 3 or 8, $30 for each year or part thereof ending in 4 or 9, between the date of filing the application and the date of the renewal of the assumed corporate name; and a renewal fee for each assumed corporate name, $150. (r) To change an assumed corporate name for the period remaining until the renewal date of the original assumed name, $25. (s) Filing an application for cancellation of an assumed corporate name, $5. (t) Filing an application to register the corporate name of a foreign corporation, $50; and an annual renewal fee for the registered name, $50. (u) Filing an application for cancellation of a registered name of a foreign corporation, $25. (v) Filing a statement of correction, $50. (w) Filing a petition for refund or adjustment, $5. (x) Filing a statement of election of an extended filing month, $25. (y) Filing any other statement or report, $5. (Source: P.A. 95‑331, eff. 8‑21‑07.)
(805 ILCS 5/15.12) Sec. 15.12. Disposition of fees. Of the total money collected for the filing of an annual report under this Act, $15 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $60 shall be deposited into the General Revenue Fund in the State Treasury. (Source: P.A. 93‑32, eff. 12‑1‑03.)
(805 ILCS 5/15.15)(from Ch. 32, par. 15.15) Sec. 15.15. Miscellaneous charges. The Secretary of State shall charge and collect; (a) For furnishing a copy or certified copy of any document, instrument, or paper relating to a corporation, or for a certificate, $25. (b) At the time of any service of process, notice or demand on him or her as resident agent of a corporation, $10, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. (Source: P.A. 93‑32, eff. 12‑1‑03.)
(805 ILCS 5/15.20)(from Ch. 32, par. 15.20) Sec. 15.20. License fees payable by domestic corporations. For the privilege of exercising its franchises in this State, the Secretary of State shall charge and collect from each domestic corporation the following license fees, computed on the basis and at the rates prescribed in this Act: (a) Except as otherwise provided in paragraph (c) of this Section, an additional license fee at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) an amendment to the articles of incorporation or a report of cumulative changes in paid‑in capital or of an exchange or reclassification of shares, whenever any amendment or report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report, or final transition annual report, required by this Act to be filed in the office of the Secretary of State. (b) Except as otherwise provided in paragraph (c) of this Section, an additional license fee at the time of filing a report of paid‑in capital following a merger or consolidation that discloses that the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation is greater than the sum of the paid‑in capital of all of the merged or consolidated corporations as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State. (c) The additional license fees referred to in paragraphs (a) and (b) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of a corporation in 1991. (Source: P.A. 86‑985; 86‑1217.)
(805 ILCS 5/15.25)(from Ch. 32, par. 15.25) Sec. 15.25. Basis of computation of license fees payable by domestic corporations. (a) Except as otherwise provided in subsection (c) of this Section, the basis for each additional license fee payable by a domestic corporation, except in the case of a statutory merger or consolidation, shall be the amount, expressed in dollars, of the increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, required by this Act to be filed in the office of the Secretary of State. (b) Except as otherwise provided in subsection (c) of this Section, the basis for an additional license fee payable by the surviving or new corporation, in case of a statutory merger or consolidation of domestic corporations shall be the amount, expressed in dollars, of the increase in the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation over the sum of the paid‑in capital of all of the merged or consolidated corporations, as last reported by them in any document, other than annual reports, required by this Act to be filed in the office of the Secretary of State. (c) The additional license fees referred to in subsections (a) and (b) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of the corporation in 1991. (d) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 86‑985; 86‑1217.)
(805 ILCS 5/15.30)(from Ch. 32, par. 15.30) Sec. 15.30. Rate of license fees payable by domestic corporations. The license fees payable by each domestic corporation shall be computed at the rate of one‑twentieth of one per cent of the basis prescribed in this Act for the computation thereof. (Source: P.A. 86‑985.)
(805 ILCS 5/15.35)(from Ch. 32, par. 15.35) Sec. 15.35. Franchise taxes payable by domestic corporations. For the privilege of exercising its franchises in this State, each domestic corporation shall pay to the Secretary of State the following franchise taxes, computed on the basis, at the rates and for the periods prescribed in this Act: (a) An initial franchise tax at the time of filing its first report of issuance of shares. (b) An additional franchise tax at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) an amendment to the articles of incorporation or a report of cumulative changes in paid‑in capital, whenever any amendment or such report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report or final transition annual report required by this Act to be filed in the office of the Secretary of State. (c) An additional franchise tax at the time of filing a report of paid‑in capital following a statutory merger or consolidation, which discloses that the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation is greater than the sum of the paid‑in capital of all of the merged or consolidated corporations as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State; and in addition, the surviving or new corporation shall be liable for a further additional franchise tax on the paid‑in capital of each of the merged or consolidated corporations as last reported by them in any document, other than an annual report, required by this Act to be filed with the Secretary of State from their taxable year end to the next succeeding anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation the tax will be computed to the anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation in the next succeeding calendar year. (d) An annual franchise tax payable each year with the annual report which the corporation is required by this Act to file. (Source: P.A. 86‑985.)
(805 ILCS 5/15.40)(from Ch. 32, par. 15.40) Sec. 15.40. Basis for computation of franchise taxes payable by domestic corporations. (a) The basis for the initial franchise tax payable by a domestic corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by its first report of the issuance of shares. (b) The basis for an additional franchise tax payable by a domestic corporation, except in the case of a statutory merger or consolidation, shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by any report of issuance of additional shares, or of an increase in paid‑in capital without the issuance of shares, or of an exchange or reclassification of shares, or of cumulative changes in paid‑in capital. (c) In the case of a statutory merger or consolidation of domestic corporations, the basis for an additional franchise tax payable by the surviving or new corporation shall be the increased amount represented in this State, determined in accordance with the provisions of this Section of the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation over the aggregate of the amounts represented in this State of the paid‑in capital of the merged or consolidated corporations disclosed by the latest reports filed by those corporations, respectively, with the Secretary of State as required by this Act; provided, however, the basis for a further additional franchise tax payable by the surviving or new corporation shall be determined in accordance with the provisions of this Section, on the paid‑in capital of each of the merged or consolidated corporations as last reported by it in any document, other than an annual report, required by this Act to be filed with the Secretary of State, from its taxable year end to the next succeeding anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation the tax shall be computed to the anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation in the next succeeding calendar year. (d) The basis for the annual franchise tax payable by a domestic corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital on the last day of the third month preceding the anniversary month or, in the case of a corporation that has established an extended filing month, on the last day of the corporation's fiscal year preceding the extended filing month. (e) For the purpose of determining the amount represented in this State of the paid‑in capital of a domestic corporation, the amount represented in this State shall be that proportion of its paid‑in capital that the sum of (1) the value of its property located in this State and (2) the gross amount of business transacted by it at or from places of business in this State bears to the sum of (1) the value of all of its property, wherever located, and (2) the gross amount of its business, wherever transacted, except as follows: (1) If the corporation elects in its annual report
in any year to pay its franchise tax upon its entire paid‑in capital, all franchise taxes accruing against the corporation for that taxable year shall be computed accordingly until the corporation elects otherwise in an annual report for a subsequent year.
(2) If the corporation fails to file its annual
report or final transition annual report in any year within the time prescribed by this Act, the proportion of its paid‑in capital represented in this State shall be deemed to be its entire paid‑in capital unless its annual report is thereafter filed and its franchise taxes are thereafter adjusted by the Secretary of State in accordance with the provisions of this Act, in which case the proportion shall likewise be adjusted to the same proportion that would have prevailed if the corporation had filed its annual report within the time prescribed by this Act.
(3) In the case of a statutory merger or
consolidation that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, the amount of the paid‑in capital represented in this State of the surviving or new corporation immediately after the merger or consolidation, until the filing of the next annual report of such corporation, shall be deemed to be that proportion of the paid‑in capital of the surviving or new corporation that the aggregate amounts represented in this State of the sum of the paid‑in capital of the merged or consolidated corporations, separately determined, bore to the total of the sum of the paid‑in capital of all of the merged or consolidated corporations immediately prior to the merger or consolidation.
(f) For increases in paid‑in capital that occur either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, the proportion corporation on file on the date represented in this State of the paid‑in capital of a domestic corporation shall be determined from information contained in the latest annual report of the corporation on file on the date the particular increase in paid‑in capital is shown to have been made, or, if no annual report was on file on the date of the increase, from information contained in its articles of incorporation, or, in case of a merger or consolidation that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, from information contained in the report of the surviving or new corporation of the amount of its paid‑in capital following the merger or consolidation. For increases in paid‑in capital that occur after both December 31, 1990 and the last day of such third month, the proportion represented in this State of the paid‑in capital of a domestic corporation shall be determined from information contained in the latest annual report of the corporation for the taxable period in which the particular increase in paid‑in capital is shown to have been made or, if no annual report was on file on the date of the increase, from information contained in its articles of incorporation. (g) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 91‑464, eff. 1‑1‑00.)
(805 ILCS 5/15.45)(from Ch. 32, par. 15.45) Sec. 15.45. Rate of franchise taxes payable by domestic corporations. (a) The annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof for the period commencing on the first day of July 1983 to the first day of the anniversary month in 1984, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month; commencing on January 1, 1984 to the first day of the anniversary month in 2004, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12‑months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $1,000,000 per annum; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12‑months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum. (b) The annual franchise tax payable by each domestic corporation at the time of filing a statement of election and interim annual report in connection with an anniversary month prior to January, 2004 shall be computed at the rate of 1/10 of 1% for the 12 month period commencing on the first day of the anniversary month of the corporation next following such filing, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $1,000,000 per annum; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation at the time of filing a statement of election and interim annual report shall be computed at the rate of 1/10 of 1% for the 12‑month period commencing on the first day of the anniversary month of the corporation next following such filing, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum. (c) The annual franchise tax payable at the time of filing the final transition annual report in connection with an anniversary month prior to January, 2004 shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid‑in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable at the time of filing the final transition annual report shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid‑in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $166,666.666666 per month. (d) The initial franchise tax payable after January 1, 1983, but prior to January 1, 1991, by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12 months' period commencing on the first day of the anniversary month in which the articles of incorporation are filed by the corporation under Section 2.10 of this Act, but in no event shall the franchise tax be less than $25 nor more than $1,000,000 per annum. The initial franchise tax payable on or after January 1, 1991, but prior to January 1, 2004, by each domestic corporation shall be computed at the rate of 15/100 of 1% for the 12 month period commencing on the first day of the anniversary month in which the articles of incorporation are filed in accordance with Section 2.10 of this Act, but in no event shall the initial franchise tax be less than $25 nor more than $1,000,000 per annum plus 1/20th of 1% of the basis therefor. The initial franchise tax payable on or after January 1, 2004, by each domestic corporation shall be computed at the rate of 15/100 of 1% for the 12‑month period commencing on the first day of the anniversary month in which the articles of incorporation are filed in accordance with Section 2.10 of this Act, but in no event shall the initial franchise tax be less than $25 nor more than $2,000,000 per annum plus 1/10th of 1% of the basis therefor. (e) Each additional franchise tax payable by each domestic corporation for the period beginning January 1, 1983 through December 31, 1983 shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof, between the date of each respective increase in its paid‑in capital and its anniversary month in 1984; thereafter until the last day of the month that is both after December 31, 1990 and the third month immediately preceding the anniversary month in 1991, each additional franchise tax payable by each domestic corporation shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month, or fraction thereof, between the date of each respective increase in its paid‑in capital and its next anniversary month; however, if the increase occurs within the 2 month period immediately preceding the anniversary month, the tax shall be computed to the anniversary month of the next succeeding calendar year. Commencing with increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month in 1991, the additional franchise tax payable by a domestic corporation shall be computed at the rate of 15/100 of 1%. (Source: P.A. 96‑66, eff. 1‑1‑10.)
(805 ILCS 5/15.50)(from Ch. 32, par. 15.50) Sec. 15.50. License fees payable by foreign corporations. For the privilege of exercising its authority to transact business in this State as set out in its application therefor or any amendment thereto, the Secretary of State shall charge and collect from each foreign corporation the following license fees, computed on the basis and at the rates prescribed in this Act: (a) An initial license fee at the time of filing its application for authority to transact business in this State whenever the application indicates the corporation commenced transacting business prior to January 1, 1991. (b) Except as otherwise provided in paragraph (e) of this Section, an additional license fee at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) a report of cumulative changes in paid‑in capital or of an exchange or reclassification of shares, whenever the report discloses an increase in the amount represented in this State of its paid‑in capital over the greatest amount thereof theretofore reported in any document required by this Act to be filed in the office of the Secretary of State. (c) Except as otherwise provided in paragraph (e) of this Section, whenever the corporation shall be a party to a statutory merger and shall be the surviving corporation, an additional license fee at the time of filing its report following merger, if the report discloses that the amount represented in this State of its paid‑in capital immediately after the merger is greater than the aggregate of the amounts represented in this State of the paid‑in capital of all of the merged corporations. (d) Except as otherwise provided in paragraph (e) of this Section, an additional license fee payable with the annual franchise tax each year in which the corporation is required by this Act to file an annual report whenever the report discloses an increase in the amount represented in this State of its paid‑in capital over the amount previously determined to be represented in this State in accordance with the provisions of this Act. (e) The additional license fee referred to in paragraphs (b), (c) and (d) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of a foreign corporation in 1991 or to an increase in the amount represented in this State of its paid‑in capital over the amount previously determined to be represented in this State in accordance with the provisions of this Act. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.55)(from Ch. 32, par. 15.55) Sec. 15.55. Basis of computation of license fee payable by foreign corporations. (a) The basis for the initial license fee payable by a foreign corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital whenever the application for authority indicates the corporation commenced transacting business in this State prior to January 1, 1991. (b) The basis for an additional license fee payable by a foreign corporation, except in the case of a statutory merger, shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by the annual report, by any report of issuance of additional shares, or of an increase in paid‑in capital without the issuance of shares, or of an exchange or reclassification of shares, or of cumulative changes in paid‑in capital, but the basis shall not include any increases in its paid‑in capital represented in this State that occur after both December 31, 1990 and the last day of the third month immediately preceding its anniversary month in 1991. (c) Whenever a foreign corporation shall be a party to a statutory merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991 and shall be the surviving corporation, the basis for an additional license fee shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of the paid‑in capital of the surviving corporation immediately after the merger over the aggregate of the amounts represented in this State of the paid‑in capital of the merged corporations. (d) For the purpose of determining the amount represented in this State of the paid‑in capital of a foreign corporation that shall be a party to a statutory merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991, the amount represented in this State shall be that proportion of its paid‑in capital that the sum of (1) the value of its property located in this State and (2) the gross amount of business transacted by it at or from places of business in this State bears to the sum of (1) the value of all of its property, wherever located, and (2) the gross amount of its business, wherever transacted. (e) The proportion represented in this State of the paid‑in capital of a foreign corporation shall be determined from information contained in the latest annual report of the corporation on file on the date the particular increase in paid‑in capital is shown to have been made, or, if no annual report was on file on the date of the increase, from information contained in the application of the corporation for authority to transact business in this State, or, in case of a merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991, from information contained in the report of the surviving corporation of the amount of its paid‑in capital following the merger. (f) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.60)(from Ch. 32, par. 15.60) Sec. 15.60. Rate of license fees payable by foreign corporations. The initial license fee and all additional license fees payable by a foreign corporation shall be computed at the rate of one‑twentieth of one per cent of the basis prescribed in this Act for the computation of the initial license fee and additional license fees, respectively, but the initial license fee shall not be less than 50 cents. (Source: P.A. 83‑1025.)
(805 ILCS 5/15.65)(from Ch. 32, par. 15.65) Sec. 15.65. Franchise taxes payable by foreign corporations. For the privilege of exercising its authority to transact such business in this State as set out in its application therefor or any amendment thereto, each foreign corporation shall pay to the Secretary of State the following franchise taxes, computed on the basis, at the rates and for the periods prescribed in this Act: (a) An initial franchise tax at the time of filing its application for authority to transact business in this State. (b) An additional franchise tax at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) a report of cumulative changes in paid‑in capital or a report of an exchange or reclassification of shares, whenever any such report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report or final transition annual report, required by this Act to be filed in the office of the Secretary of State. (c) Whenever the corporation shall be a party to a statutory merger and shall be the surviving corporation, an additional franchise tax at the time of filing its report following merger, if such report discloses that the amount represented in this State of its paid‑in capital immediately after the merger is greater than the aggregate of the amounts represented in this State of the paid‑in capital of such of the merged corporations as were authorized to transact business in this State at the time of the merger, as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State; and in addition, the surviving corporation shall be liable for a further additional franchise tax on the paid‑in capital of each of the merged corporations as last reported by them in any document, other than an annual report, required by this Act to be filed with the Secretary of State, from their taxable year end to the next succeeding anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or the extended filing month of the surviving corporation, the tax will be computed to the anniversary or, extended filing month of the surviving corporation in the next succeeding calendar year. (d) An annual franchise tax payable each year with any annual report which the corporation is required by this Act to file. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.70)(from Ch. 32, par. 15.70) Sec. 15.70. Basis for computation of franchise taxes payable by foreign corporations. (a) The basis for the initial franchise tax payable by a foreign corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by its application for authority to transact business in this State.
(805 ILCS 5/15.05)(from Ch. 32, par. 15.05) Sec. 15.05. Fees, franchise taxes, and charges to be collected by Secretary of State. The Secretary of State shall charge and collect in accordance with the provisions of this Act: (a) Fees for filing documents. (b) License fees. (c) Franchise taxes. (d) Miscellaneous charges. (e) Fees for filing annual reports. (Source: P.A. 93‑59, eff. 7‑1‑03.)
(805 ILCS 5/15.10)(from Ch. 32, par. 15.10) Sec. 15.10. Fees for filing documents. The Secretary of State shall charge and collect for: (a) Filing articles of incorporation, $150. (b) Filing articles of amendment, $50, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $150. (c) Filing articles of merger or consolidation, $100, but if the merger or consolidation involves more than 2 corporations, $50 for each additional corporation. (d) Filing articles of share exchange, $100. (e) Filing articles of dissolution, $5. (f) Filing application to reserve a corporate name, $25. (g) Filing a notice of transfer of a reserved corporate name, $25. (h) Filing statement of change of address of registered office or change of registered agent, or both, $25. (i) Filing statement of the establishment of a series of shares, $25. (j) Filing an application of a foreign corporation for authority to transact business in this State, $150. (k) Filing an application of a foreign corporation for amended authority to transact business in this State, $25. (l) Filing a copy of amendment to the articles of incorporation of a foreign corporation holding authority to transact business in this State, $50, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $150. (m) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to transact business in this State, $100, but if the merger involves more than 2 corporations, $50 for each additional corporation. (n) Filing an application for withdrawal and final report or a copy of articles of dissolution of a foreign corporation, $25. (o) Filing an annual report, interim annual report, or final transition annual report of a domestic or foreign corporation, $75. (p) Filing an application for reinstatement of a domestic or a foreign corporation, $200. (q) Filing an application for use of an assumed corporate name, $150 for each year or part thereof ending in 0 or 5, $120 for each year or part thereof ending in 1 or 6, $90 for each year or part thereof ending in 2 or 7, $60 for each year or part thereof ending in 3 or 8, $30 for each year or part thereof ending in 4 or 9, between the date of filing the application and the date of the renewal of the assumed corporate name; and a renewal fee for each assumed corporate name, $150. (r) To change an assumed corporate name for the period remaining until the renewal date of the original assumed name, $25. (s) Filing an application for cancellation of an assumed corporate name, $5. (t) Filing an application to register the corporate name of a foreign corporation, $50; and an annual renewal fee for the registered name, $50. (u) Filing an application for cancellation of a registered name of a foreign corporation, $25. (v) Filing a statement of correction, $50. (w) Filing a petition for refund or adjustment, $5. (x) Filing a statement of election of an extended filing month, $25. (y) Filing any other statement or report, $5. (Source: P.A. 95‑331, eff. 8‑21‑07.)
(805 ILCS 5/15.12) Sec. 15.12. Disposition of fees. Of the total money collected for the filing of an annual report under this Act, $15 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $60 shall be deposited into the General Revenue Fund in the State Treasury. (Source: P.A. 93‑32, eff. 12‑1‑03.)
(805 ILCS 5/15.15)(from Ch. 32, par. 15.15) Sec. 15.15. Miscellaneous charges. The Secretary of State shall charge and collect; (a) For furnishing a copy or certified copy of any document, instrument, or paper relating to a corporation, or for a certificate, $25. (b) At the time of any service of process, notice or demand on him or her as resident agent of a corporation, $10, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. (Source: P.A. 93‑32, eff. 12‑1‑03.)
(805 ILCS 5/15.20)(from Ch. 32, par. 15.20) Sec. 15.20. License fees payable by domestic corporations. For the privilege of exercising its franchises in this State, the Secretary of State shall charge and collect from each domestic corporation the following license fees, computed on the basis and at the rates prescribed in this Act: (a) Except as otherwise provided in paragraph (c) of this Section, an additional license fee at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) an amendment to the articles of incorporation or a report of cumulative changes in paid‑in capital or of an exchange or reclassification of shares, whenever any amendment or report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report, or final transition annual report, required by this Act to be filed in the office of the Secretary of State. (b) Except as otherwise provided in paragraph (c) of this Section, an additional license fee at the time of filing a report of paid‑in capital following a merger or consolidation that discloses that the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation is greater than the sum of the paid‑in capital of all of the merged or consolidated corporations as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State. (c) The additional license fees referred to in paragraphs (a) and (b) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of a corporation in 1991. (Source: P.A. 86‑985; 86‑1217.)
(805 ILCS 5/15.25)(from Ch. 32, par. 15.25) Sec. 15.25. Basis of computation of license fees payable by domestic corporations. (a) Except as otherwise provided in subsection (c) of this Section, the basis for each additional license fee payable by a domestic corporation, except in the case of a statutory merger or consolidation, shall be the amount, expressed in dollars, of the increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, required by this Act to be filed in the office of the Secretary of State. (b) Except as otherwise provided in subsection (c) of this Section, the basis for an additional license fee payable by the surviving or new corporation, in case of a statutory merger or consolidation of domestic corporations shall be the amount, expressed in dollars, of the increase in the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation over the sum of the paid‑in capital of all of the merged or consolidated corporations, as last reported by them in any document, other than annual reports, required by this Act to be filed in the office of the Secretary of State. (c) The additional license fees referred to in subsections (a) and (b) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of the corporation in 1991. (d) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 86‑985; 86‑1217.)
(805 ILCS 5/15.30)(from Ch. 32, par. 15.30) Sec. 15.30. Rate of license fees payable by domestic corporations. The license fees payable by each domestic corporation shall be computed at the rate of one‑twentieth of one per cent of the basis prescribed in this Act for the computation thereof. (Source: P.A. 86‑985.)
(805 ILCS 5/15.35)(from Ch. 32, par. 15.35) Sec. 15.35. Franchise taxes payable by domestic corporations. For the privilege of exercising its franchises in this State, each domestic corporation shall pay to the Secretary of State the following franchise taxes, computed on the basis, at the rates and for the periods prescribed in this Act: (a) An initial franchise tax at the time of filing its first report of issuance of shares. (b) An additional franchise tax at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) an amendment to the articles of incorporation or a report of cumulative changes in paid‑in capital, whenever any amendment or such report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report or final transition annual report required by this Act to be filed in the office of the Secretary of State. (c) An additional franchise tax at the time of filing a report of paid‑in capital following a statutory merger or consolidation, which discloses that the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation is greater than the sum of the paid‑in capital of all of the merged or consolidated corporations as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State; and in addition, the surviving or new corporation shall be liable for a further additional franchise tax on the paid‑in capital of each of the merged or consolidated corporations as last reported by them in any document, other than an annual report, required by this Act to be filed with the Secretary of State from their taxable year end to the next succeeding anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation the tax will be computed to the anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation in the next succeeding calendar year. (d) An annual franchise tax payable each year with the annual report which the corporation is required by this Act to file. (Source: P.A. 86‑985.)
(805 ILCS 5/15.40)(from Ch. 32, par. 15.40) Sec. 15.40. Basis for computation of franchise taxes payable by domestic corporations. (a) The basis for the initial franchise tax payable by a domestic corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by its first report of the issuance of shares. (b) The basis for an additional franchise tax payable by a domestic corporation, except in the case of a statutory merger or consolidation, shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by any report of issuance of additional shares, or of an increase in paid‑in capital without the issuance of shares, or of an exchange or reclassification of shares, or of cumulative changes in paid‑in capital. (c) In the case of a statutory merger or consolidation of domestic corporations, the basis for an additional franchise tax payable by the surviving or new corporation shall be the increased amount represented in this State, determined in accordance with the provisions of this Section of the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation over the aggregate of the amounts represented in this State of the paid‑in capital of the merged or consolidated corporations disclosed by the latest reports filed by those corporations, respectively, with the Secretary of State as required by this Act; provided, however, the basis for a further additional franchise tax payable by the surviving or new corporation shall be determined in accordance with the provisions of this Section, on the paid‑in capital of each of the merged or consolidated corporations as last reported by it in any document, other than an annual report, required by this Act to be filed with the Secretary of State, from its taxable year end to the next succeeding anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation the tax shall be computed to the anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation in the next succeeding calendar year. (d) The basis for the annual franchise tax payable by a domestic corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital on the last day of the third month preceding the anniversary month or, in the case of a corporation that has established an extended filing month, on the last day of the corporation's fiscal year preceding the extended filing month. (e) For the purpose of determining the amount represented in this State of the paid‑in capital of a domestic corporation, the amount represented in this State shall be that proportion of its paid‑in capital that the sum of (1) the value of its property located in this State and (2) the gross amount of business transacted by it at or from places of business in this State bears to the sum of (1) the value of all of its property, wherever located, and (2) the gross amount of its business, wherever transacted, except as follows: (1) If the corporation elects in its annual report
in any year to pay its franchise tax upon its entire paid‑in capital, all franchise taxes accruing against the corporation for that taxable year shall be computed accordingly until the corporation elects otherwise in an annual report for a subsequent year.
(2) If the corporation fails to file its annual
report or final transition annual report in any year within the time prescribed by this Act, the proportion of its paid‑in capital represented in this State shall be deemed to be its entire paid‑in capital unless its annual report is thereafter filed and its franchise taxes are thereafter adjusted by the Secretary of State in accordance with the provisions of this Act, in which case the proportion shall likewise be adjusted to the same proportion that would have prevailed if the corporation had filed its annual report within the time prescribed by this Act.
(3) In the case of a statutory merger or
consolidation that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, the amount of the paid‑in capital represented in this State of the surviving or new corporation immediately after the merger or consolidation, until the filing of the next annual report of such corporation, shall be deemed to be that proportion of the paid‑in capital of the surviving or new corporation that the aggregate amounts represented in this State of the sum of the paid‑in capital of the merged or consolidated corporations, separately determined, bore to the total of the sum of the paid‑in capital of all of the merged or consolidated corporations immediately prior to the merger or consolidation.
(f) For increases in paid‑in capital that occur either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, the proportion corporation on file on the date represented in this State of the paid‑in capital of a domestic corporation shall be determined from information contained in the latest annual report of the corporation on file on the date the particular increase in paid‑in capital is shown to have been made, or, if no annual report was on file on the date of the increase, from information contained in its articles of incorporation, or, in case of a merger or consolidation that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, from information contained in the report of the surviving or new corporation of the amount of its paid‑in capital following the merger or consolidation. For increases in paid‑in capital that occur after both December 31, 1990 and the last day of such third month, the proportion represented in this State of the paid‑in capital of a domestic corporation shall be determined from information contained in the latest annual report of the corporation for the taxable period in which the particular increase in paid‑in capital is shown to have been made or, if no annual report was on file on the date of the increase, from information contained in its articles of incorporation. (g) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 91‑464, eff. 1‑1‑00.)
(805 ILCS 5/15.45)(from Ch. 32, par. 15.45) Sec. 15.45. Rate of franchise taxes payable by domestic corporations. (a) The annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof for the period commencing on the first day of July 1983 to the first day of the anniversary month in 1984, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month; commencing on January 1, 1984 to the first day of the anniversary month in 2004, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12‑months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $1,000,000 per annum; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12‑months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum. (b) The annual franchise tax payable by each domestic corporation at the time of filing a statement of election and interim annual report in connection with an anniversary month prior to January, 2004 shall be computed at the rate of 1/10 of 1% for the 12 month period commencing on the first day of the anniversary month of the corporation next following such filing, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $1,000,000 per annum; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation at the time of filing a statement of election and interim annual report shall be computed at the rate of 1/10 of 1% for the 12‑month period commencing on the first day of the anniversary month of the corporation next following such filing, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum. (c) The annual franchise tax payable at the time of filing the final transition annual report in connection with an anniversary month prior to January, 2004 shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid‑in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable at the time of filing the final transition annual report shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid‑in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $166,666.666666 per month. (d) The initial franchise tax payable after January 1, 1983, but prior to January 1, 1991, by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12 months' period commencing on the first day of the anniversary month in which the articles of incorporation are filed by the corporation under Section 2.10 of this Act, but in no event shall the franchise tax be less than $25 nor more than $1,000,000 per annum. The initial franchise tax payable on or after January 1, 1991, but prior to January 1, 2004, by each domestic corporation shall be computed at the rate of 15/100 of 1% for the 12 month period commencing on the first day of the anniversary month in which the articles of incorporation are filed in accordance with Section 2.10 of this Act, but in no event shall the initial franchise tax be less than $25 nor more than $1,000,000 per annum plus 1/20th of 1% of the basis therefor. The initial franchise tax payable on or after January 1, 2004, by each domestic corporation shall be computed at the rate of 15/100 of 1% for the 12‑month period commencing on the first day of the anniversary month in which the articles of incorporation are filed in accordance with Section 2.10 of this Act, but in no event shall the initial franchise tax be less than $25 nor more than $2,000,000 per annum plus 1/10th of 1% of the basis therefor. (e) Each additional franchise tax payable by each domestic corporation for the period beginning January 1, 1983 through December 31, 1983 shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof, between the date of each respective increase in its paid‑in capital and its anniversary month in 1984; thereafter until the last day of the month that is both after December 31, 1990 and the third month immediately preceding the anniversary month in 1991, each additional franchise tax payable by each domestic corporation shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month, or fraction thereof, between the date of each respective increase in its paid‑in capital and its next anniversary month; however, if the increase occurs within the 2 month period immediately preceding the anniversary month, the tax shall be computed to the anniversary month of the next succeeding calendar year. Commencing with increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month in 1991, the additional franchise tax payable by a domestic corporation shall be computed at the rate of 15/100 of 1%. (Source: P.A. 96‑66, eff. 1‑1‑10.)
(805 ILCS 5/15.50)(from Ch. 32, par. 15.50) Sec. 15.50. License fees payable by foreign corporations. For the privilege of exercising its authority to transact business in this State as set out in its application therefor or any amendment thereto, the Secretary of State shall charge and collect from each foreign corporation the following license fees, computed on the basis and at the rates prescribed in this Act: (a) An initial license fee at the time of filing its application for authority to transact business in this State whenever the application indicates the corporation commenced transacting business prior to January 1, 1991. (b) Except as otherwise provided in paragraph (e) of this Section, an additional license fee at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) a report of cumulative changes in paid‑in capital or of an exchange or reclassification of shares, whenever the report discloses an increase in the amount represented in this State of its paid‑in capital over the greatest amount thereof theretofore reported in any document required by this Act to be filed in the office of the Secretary of State. (c) Except as otherwise provided in paragraph (e) of this Section, whenever the corporation shall be a party to a statutory merger and shall be the surviving corporation, an additional license fee at the time of filing its report following merger, if the report discloses that the amount represented in this State of its paid‑in capital immediately after the merger is greater than the aggregate of the amounts represented in this State of the paid‑in capital of all of the merged corporations. (d) Except as otherwise provided in paragraph (e) of this Section, an additional license fee payable with the annual franchise tax each year in which the corporation is required by this Act to file an annual report whenever the report discloses an increase in the amount represented in this State of its paid‑in capital over the amount previously determined to be represented in this State in accordance with the provisions of this Act. (e) The additional license fee referred to in paragraphs (b), (c) and (d) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of a foreign corporation in 1991 or to an increase in the amount represented in this State of its paid‑in capital over the amount previously determined to be represented in this State in accordance with the provisions of this Act. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.55)(from Ch. 32, par. 15.55) Sec. 15.55. Basis of computation of license fee payable by foreign corporations. (a) The basis for the initial license fee payable by a foreign corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital whenever the application for authority indicates the corporation commenced transacting business in this State prior to January 1, 1991. (b) The basis for an additional license fee payable by a foreign corporation, except in the case of a statutory merger, shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by the annual report, by any report of issuance of additional shares, or of an increase in paid‑in capital without the issuance of shares, or of an exchange or reclassification of shares, or of cumulative changes in paid‑in capital, but the basis shall not include any increases in its paid‑in capital represented in this State that occur after both December 31, 1990 and the last day of the third month immediately preceding its anniversary month in 1991. (c) Whenever a foreign corporation shall be a party to a statutory merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991 and shall be the surviving corporation, the basis for an additional license fee shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of the paid‑in capital of the surviving corporation immediately after the merger over the aggregate of the amounts represented in this State of the paid‑in capital of the merged corporations. (d) For the purpose of determining the amount represented in this State of the paid‑in capital of a foreign corporation that shall be a party to a statutory merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991, the amount represented in this State shall be that proportion of its paid‑in capital that the sum of (1) the value of its property located in this State and (2) the gross amount of business transacted by it at or from places of business in this State bears to the sum of (1) the value of all of its property, wherever located, and (2) the gross amount of its business, wherever transacted. (e) The proportion represented in this State of the paid‑in capital of a foreign corporation shall be determined from information contained in the latest annual report of the corporation on file on the date the particular increase in paid‑in capital is shown to have been made, or, if no annual report was on file on the date of the increase, from information contained in the application of the corporation for authority to transact business in this State, or, in case of a merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991, from information contained in the report of the surviving corporation of the amount of its paid‑in capital following the merger. (f) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.60)(from Ch. 32, par. 15.60) Sec. 15.60. Rate of license fees payable by foreign corporations. The initial license fee and all additional license fees payable by a foreign corporation shall be computed at the rate of one‑twentieth of one per cent of the basis prescribed in this Act for the computation of the initial license fee and additional license fees, respectively, but the initial license fee shall not be less than 50 cents. (Source: P.A. 83‑1025.)
(805 ILCS 5/15.65)(from Ch. 32, par. 15.65) Sec. 15.65. Franchise taxes payable by foreign corporations. For the privilege of exercising its authority to transact such business in this State as set out in its application therefor or any amendment thereto, each foreign corporation shall pay to the Secretary of State the following franchise taxes, computed on the basis, at the rates and for the periods prescribed in this Act: (a) An initial franchise tax at the time of filing its application for authority to transact business in this State. (b) An additional franchise tax at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) a report of cumulative changes in paid‑in capital or a report of an exchange or reclassification of shares, whenever any such report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report or final transition annual report, required by this Act to be filed in the office of the Secretary of State. (c) Whenever the corporation shall be a party to a statutory merger and shall be the surviving corporation, an additional franchise tax at the time of filing its report following merger, if such report discloses that the amount represented in this State of its paid‑in capital immediately after the merger is greater than the aggregate of the amounts represented in this State of the paid‑in capital of such of the merged corporations as were authorized to transact business in this State at the time of the merger, as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State; and in addition, the surviving corporation shall be liable for a further additional franchise tax on the paid‑in capital of each of the merged corporations as last reported by them in any document, other than an annual report, required by this Act to be filed with the Secretary of State, from their taxable year end to the next succeeding anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or the extended filing month of the surviving corporation, the tax will be computed to the anniversary or, extended filing month of the surviving corporation in the next succeeding calendar year. (d) An annual franchise tax payable each year with any annual report which the corporation is required by this Act to file. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.70)(from Ch. 32, par. 15.70) Sec. 15.70. Basis for computation of franchise taxes payable by foreign corporations. (a) The basis for the initial franchise tax payable by a foreign corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by its application for authority to transact business in this State.{"@context":"https://schema.org","@graph":[{"@type":"WebPage","@id":"https://statutes.laws.com/test/","url":"https://statutes.laws.com/test/","name":"State Codes and Statutes - Statutes","isPartOf":{"@id":"https://statutes.laws.com/#website"},"datePublished":"2015-03-10T03:31:37+00:00","dateModified":"2019-12-27T23:25:16+00:00","breadcrumb":{"@id":"https://statutes.laws.com/test/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://statutes.laws.com/test/"]}]},{"@type":"BreadcrumbList","@id":"https://statutes.laws.com/test/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://statutes.laws.com/"},{"@type":"ListItem","position":2,"name":"State Codes and Statutes"}]},{"@type":"WebSite","@id":"https://statutes.laws.com/#website","url":"https://statutes.laws.com/","name":"Statutes","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://statutes.laws.com/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}
(805 ILCS 5/15.05)(from Ch. 32, par. 15.05) Sec. 15.05. Fees, franchise taxes, and charges to be collected by Secretary of State. The Secretary of State shall charge and collect in accordance with the provisions of this Act: (a) Fees for filing documents. (b) License fees. (c) Franchise taxes. (d) Miscellaneous charges. (e) Fees for filing annual reports. (Source: P.A. 93‑59, eff. 7‑1‑03.)
(805 ILCS 5/15.10)(from Ch. 32, par. 15.10) Sec. 15.10. Fees for filing documents. The Secretary of State shall charge and collect for: (a) Filing articles of incorporation, $150. (b) Filing articles of amendment, $50, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $150. (c) Filing articles of merger or consolidation, $100, but if the merger or consolidation involves more than 2 corporations, $50 for each additional corporation. (d) Filing articles of share exchange, $100. (e) Filing articles of dissolution, $5. (f) Filing application to reserve a corporate name, $25. (g) Filing a notice of transfer of a reserved corporate name, $25. (h) Filing statement of change of address of registered office or change of registered agent, or both, $25. (i) Filing statement of the establishment of a series of shares, $25. (j) Filing an application of a foreign corporation for authority to transact business in this State, $150. (k) Filing an application of a foreign corporation for amended authority to transact business in this State, $25. (l) Filing a copy of amendment to the articles of incorporation of a foreign corporation holding authority to transact business in this State, $50, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $150. (m) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to transact business in this State, $100, but if the merger involves more than 2 corporations, $50 for each additional corporation. (n) Filing an application for withdrawal and final report or a copy of articles of dissolution of a foreign corporation, $25. (o) Filing an annual report, interim annual report, or final transition annual report of a domestic or foreign corporation, $75. (p) Filing an application for reinstatement of a domestic or a foreign corporation, $200. (q) Filing an application for use of an assumed corporate name, $150 for each year or part thereof ending in 0 or 5, $120 for each year or part thereof ending in 1 or 6, $90 for each year or part thereof ending in 2 or 7, $60 for each year or part thereof ending in 3 or 8, $30 for each year or part thereof ending in 4 or 9, between the date of filing the application and the date of the renewal of the assumed corporate name; and a renewal fee for each assumed corporate name, $150. (r) To change an assumed corporate name for the period remaining until the renewal date of the original assumed name, $25. (s) Filing an application for cancellation of an assumed corporate name, $5. (t) Filing an application to register the corporate name of a foreign corporation, $50; and an annual renewal fee for the registered name, $50. (u) Filing an application for cancellation of a registered name of a foreign corporation, $25. (v) Filing a statement of correction, $50. (w) Filing a petition for refund or adjustment, $5. (x) Filing a statement of election of an extended filing month, $25. (y) Filing any other statement or report, $5. (Source: P.A. 95‑331, eff. 8‑21‑07.)
(805 ILCS 5/15.12) Sec. 15.12. Disposition of fees. Of the total money collected for the filing of an annual report under this Act, $15 of the filing fee shall be paid into the Secretary of State Special Services Fund. The remaining $60 shall be deposited into the General Revenue Fund in the State Treasury. (Source: P.A. 93‑32, eff. 12‑1‑03.)
(805 ILCS 5/15.15)(from Ch. 32, par. 15.15) Sec. 15.15. Miscellaneous charges. The Secretary of State shall charge and collect; (a) For furnishing a copy or certified copy of any document, instrument, or paper relating to a corporation, or for a certificate, $25. (b) At the time of any service of process, notice or demand on him or her as resident agent of a corporation, $10, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. (Source: P.A. 93‑32, eff. 12‑1‑03.)
(805 ILCS 5/15.20)(from Ch. 32, par. 15.20) Sec. 15.20. License fees payable by domestic corporations. For the privilege of exercising its franchises in this State, the Secretary of State shall charge and collect from each domestic corporation the following license fees, computed on the basis and at the rates prescribed in this Act: (a) Except as otherwise provided in paragraph (c) of this Section, an additional license fee at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) an amendment to the articles of incorporation or a report of cumulative changes in paid‑in capital or of an exchange or reclassification of shares, whenever any amendment or report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report, or final transition annual report, required by this Act to be filed in the office of the Secretary of State. (b) Except as otherwise provided in paragraph (c) of this Section, an additional license fee at the time of filing a report of paid‑in capital following a merger or consolidation that discloses that the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation is greater than the sum of the paid‑in capital of all of the merged or consolidated corporations as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State. (c) The additional license fees referred to in paragraphs (a) and (b) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of a corporation in 1991. (Source: P.A. 86‑985; 86‑1217.)
(805 ILCS 5/15.25)(from Ch. 32, par. 15.25) Sec. 15.25. Basis of computation of license fees payable by domestic corporations. (a) Except as otherwise provided in subsection (c) of this Section, the basis for each additional license fee payable by a domestic corporation, except in the case of a statutory merger or consolidation, shall be the amount, expressed in dollars, of the increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, required by this Act to be filed in the office of the Secretary of State. (b) Except as otherwise provided in subsection (c) of this Section, the basis for an additional license fee payable by the surviving or new corporation, in case of a statutory merger or consolidation of domestic corporations shall be the amount, expressed in dollars, of the increase in the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation over the sum of the paid‑in capital of all of the merged or consolidated corporations, as last reported by them in any document, other than annual reports, required by this Act to be filed in the office of the Secretary of State. (c) The additional license fees referred to in subsections (a) and (b) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of the corporation in 1991. (d) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 86‑985; 86‑1217.)
(805 ILCS 5/15.30)(from Ch. 32, par. 15.30) Sec. 15.30. Rate of license fees payable by domestic corporations. The license fees payable by each domestic corporation shall be computed at the rate of one‑twentieth of one per cent of the basis prescribed in this Act for the computation thereof. (Source: P.A. 86‑985.)
(805 ILCS 5/15.35)(from Ch. 32, par. 15.35) Sec. 15.35. Franchise taxes payable by domestic corporations. For the privilege of exercising its franchises in this State, each domestic corporation shall pay to the Secretary of State the following franchise taxes, computed on the basis, at the rates and for the periods prescribed in this Act: (a) An initial franchise tax at the time of filing its first report of issuance of shares. (b) An additional franchise tax at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) an amendment to the articles of incorporation or a report of cumulative changes in paid‑in capital, whenever any amendment or such report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report or final transition annual report required by this Act to be filed in the office of the Secretary of State. (c) An additional franchise tax at the time of filing a report of paid‑in capital following a statutory merger or consolidation, which discloses that the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation is greater than the sum of the paid‑in capital of all of the merged or consolidated corporations as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State; and in addition, the surviving or new corporation shall be liable for a further additional franchise tax on the paid‑in capital of each of the merged or consolidated corporations as last reported by them in any document, other than an annual report, required by this Act to be filed with the Secretary of State from their taxable year end to the next succeeding anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation the tax will be computed to the anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving or new corporation in the next succeeding calendar year. (d) An annual franchise tax payable each year with the annual report which the corporation is required by this Act to file. (Source: P.A. 86‑985.)
(805 ILCS 5/15.40)(from Ch. 32, par. 15.40) Sec. 15.40. Basis for computation of franchise taxes payable by domestic corporations. (a) The basis for the initial franchise tax payable by a domestic corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by its first report of the issuance of shares. (b) The basis for an additional franchise tax payable by a domestic corporation, except in the case of a statutory merger or consolidation, shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by any report of issuance of additional shares, or of an increase in paid‑in capital without the issuance of shares, or of an exchange or reclassification of shares, or of cumulative changes in paid‑in capital. (c) In the case of a statutory merger or consolidation of domestic corporations, the basis for an additional franchise tax payable by the surviving or new corporation shall be the increased amount represented in this State, determined in accordance with the provisions of this Section of the paid‑in capital of the surviving or new corporation immediately after the merger or consolidation over the aggregate of the amounts represented in this State of the paid‑in capital of the merged or consolidated corporations disclosed by the latest reports filed by those corporations, respectively, with the Secretary of State as required by this Act; provided, however, the basis for a further additional franchise tax payable by the surviving or new corporation shall be determined in accordance with the provisions of this Section, on the paid‑in capital of each of the merged or consolidated corporations as last reported by it in any document, other than an annual report, required by this Act to be filed with the Secretary of State, from its taxable year end to the next succeeding anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation the tax shall be computed to the anniversary month or, in the case of a corporation that has established an extended filing month, the next succeeding extended filing month of the surviving or new corporation in the next succeeding calendar year. (d) The basis for the annual franchise tax payable by a domestic corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital on the last day of the third month preceding the anniversary month or, in the case of a corporation that has established an extended filing month, on the last day of the corporation's fiscal year preceding the extended filing month. (e) For the purpose of determining the amount represented in this State of the paid‑in capital of a domestic corporation, the amount represented in this State shall be that proportion of its paid‑in capital that the sum of (1) the value of its property located in this State and (2) the gross amount of business transacted by it at or from places of business in this State bears to the sum of (1) the value of all of its property, wherever located, and (2) the gross amount of its business, wherever transacted, except as follows: (1) If the corporation elects in its annual report
in any year to pay its franchise tax upon its entire paid‑in capital, all franchise taxes accruing against the corporation for that taxable year shall be computed accordingly until the corporation elects otherwise in an annual report for a subsequent year.
(2) If the corporation fails to file its annual
report or final transition annual report in any year within the time prescribed by this Act, the proportion of its paid‑in capital represented in this State shall be deemed to be its entire paid‑in capital unless its annual report is thereafter filed and its franchise taxes are thereafter adjusted by the Secretary of State in accordance with the provisions of this Act, in which case the proportion shall likewise be adjusted to the same proportion that would have prevailed if the corporation had filed its annual report within the time prescribed by this Act.
(3) In the case of a statutory merger or
consolidation that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, the amount of the paid‑in capital represented in this State of the surviving or new corporation immediately after the merger or consolidation, until the filing of the next annual report of such corporation, shall be deemed to be that proportion of the paid‑in capital of the surviving or new corporation that the aggregate amounts represented in this State of the sum of the paid‑in capital of the merged or consolidated corporations, separately determined, bore to the total of the sum of the paid‑in capital of all of the merged or consolidated corporations immediately prior to the merger or consolidation.
(f) For increases in paid‑in capital that occur either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, the proportion corporation on file on the date represented in this State of the paid‑in capital of a domestic corporation shall be determined from information contained in the latest annual report of the corporation on file on the date the particular increase in paid‑in capital is shown to have been made, or, if no annual report was on file on the date of the increase, from information contained in its articles of incorporation, or, in case of a merger or consolidation that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month preceding the corporation's anniversary month in 1991, from information contained in the report of the surviving or new corporation of the amount of its paid‑in capital following the merger or consolidation. For increases in paid‑in capital that occur after both December 31, 1990 and the last day of such third month, the proportion represented in this State of the paid‑in capital of a domestic corporation shall be determined from information contained in the latest annual report of the corporation for the taxable period in which the particular increase in paid‑in capital is shown to have been made or, if no annual report was on file on the date of the increase, from information contained in its articles of incorporation. (g) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 91‑464, eff. 1‑1‑00.)
(805 ILCS 5/15.45)(from Ch. 32, par. 15.45) Sec. 15.45. Rate of franchise taxes payable by domestic corporations. (a) The annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof for the period commencing on the first day of July 1983 to the first day of the anniversary month in 1984, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month; commencing on January 1, 1984 to the first day of the anniversary month in 2004, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12‑months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $1,000,000 per annum; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12‑months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum. (b) The annual franchise tax payable by each domestic corporation at the time of filing a statement of election and interim annual report in connection with an anniversary month prior to January, 2004 shall be computed at the rate of 1/10 of 1% for the 12 month period commencing on the first day of the anniversary month of the corporation next following such filing, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $1,000,000 per annum; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation at the time of filing a statement of election and interim annual report shall be computed at the rate of 1/10 of 1% for the 12‑month period commencing on the first day of the anniversary month of the corporation next following such filing, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum. (c) The annual franchise tax payable at the time of filing the final transition annual report in connection with an anniversary month prior to January, 2004 shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid‑in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month; commencing with the first anniversary month that occurs after December, 2003, the annual franchise tax payable at the time of filing the final transition annual report shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid‑in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $166,666.666666 per month. (d) The initial franchise tax payable after January 1, 1983, but prior to January 1, 1991, by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12 months' period commencing on the first day of the anniversary month in which the articles of incorporation are filed by the corporation under Section 2.10 of this Act, but in no event shall the franchise tax be less than $25 nor more than $1,000,000 per annum. The initial franchise tax payable on or after January 1, 1991, but prior to January 1, 2004, by each domestic corporation shall be computed at the rate of 15/100 of 1% for the 12 month period commencing on the first day of the anniversary month in which the articles of incorporation are filed in accordance with Section 2.10 of this Act, but in no event shall the initial franchise tax be less than $25 nor more than $1,000,000 per annum plus 1/20th of 1% of the basis therefor. The initial franchise tax payable on or after January 1, 2004, by each domestic corporation shall be computed at the rate of 15/100 of 1% for the 12‑month period commencing on the first day of the anniversary month in which the articles of incorporation are filed in accordance with Section 2.10 of this Act, but in no event shall the initial franchise tax be less than $25 nor more than $2,000,000 per annum plus 1/10th of 1% of the basis therefor. (e) Each additional franchise tax payable by each domestic corporation for the period beginning January 1, 1983 through December 31, 1983 shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof, between the date of each respective increase in its paid‑in capital and its anniversary month in 1984; thereafter until the last day of the month that is both after December 31, 1990 and the third month immediately preceding the anniversary month in 1991, each additional franchise tax payable by each domestic corporation shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month, or fraction thereof, between the date of each respective increase in its paid‑in capital and its next anniversary month; however, if the increase occurs within the 2 month period immediately preceding the anniversary month, the tax shall be computed to the anniversary month of the next succeeding calendar year. Commencing with increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month in 1991, the additional franchise tax payable by a domestic corporation shall be computed at the rate of 15/100 of 1%. (Source: P.A. 96‑66, eff. 1‑1‑10.)
(805 ILCS 5/15.50)(from Ch. 32, par. 15.50) Sec. 15.50. License fees payable by foreign corporations. For the privilege of exercising its authority to transact business in this State as set out in its application therefor or any amendment thereto, the Secretary of State shall charge and collect from each foreign corporation the following license fees, computed on the basis and at the rates prescribed in this Act: (a) An initial license fee at the time of filing its application for authority to transact business in this State whenever the application indicates the corporation commenced transacting business prior to January 1, 1991. (b) Except as otherwise provided in paragraph (e) of this Section, an additional license fee at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) a report of cumulative changes in paid‑in capital or of an exchange or reclassification of shares, whenever the report discloses an increase in the amount represented in this State of its paid‑in capital over the greatest amount thereof theretofore reported in any document required by this Act to be filed in the office of the Secretary of State. (c) Except as otherwise provided in paragraph (e) of this Section, whenever the corporation shall be a party to a statutory merger and shall be the surviving corporation, an additional license fee at the time of filing its report following merger, if the report discloses that the amount represented in this State of its paid‑in capital immediately after the merger is greater than the aggregate of the amounts represented in this State of the paid‑in capital of all of the merged corporations. (d) Except as otherwise provided in paragraph (e) of this Section, an additional license fee payable with the annual franchise tax each year in which the corporation is required by this Act to file an annual report whenever the report discloses an increase in the amount represented in this State of its paid‑in capital over the amount previously determined to be represented in this State in accordance with the provisions of this Act. (e) The additional license fee referred to in paragraphs (b), (c) and (d) of this Section shall not be payable with respect to issuances of shares or increases in paid‑in capital that occur subsequent to both December 31, 1990 and the last day of the third month immediately preceding the anniversary month of a foreign corporation in 1991 or to an increase in the amount represented in this State of its paid‑in capital over the amount previously determined to be represented in this State in accordance with the provisions of this Act. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.55)(from Ch. 32, par. 15.55) Sec. 15.55. Basis of computation of license fee payable by foreign corporations. (a) The basis for the initial license fee payable by a foreign corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital whenever the application for authority indicates the corporation commenced transacting business in this State prior to January 1, 1991. (b) The basis for an additional license fee payable by a foreign corporation, except in the case of a statutory merger, shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by the annual report, by any report of issuance of additional shares, or of an increase in paid‑in capital without the issuance of shares, or of an exchange or reclassification of shares, or of cumulative changes in paid‑in capital, but the basis shall not include any increases in its paid‑in capital represented in this State that occur after both December 31, 1990 and the last day of the third month immediately preceding its anniversary month in 1991. (c) Whenever a foreign corporation shall be a party to a statutory merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991 and shall be the surviving corporation, the basis for an additional license fee shall be the increased amount represented in this State, determined in accordance with the provisions of this Section, of the paid‑in capital of the surviving corporation immediately after the merger over the aggregate of the amounts represented in this State of the paid‑in capital of the merged corporations. (d) For the purpose of determining the amount represented in this State of the paid‑in capital of a foreign corporation that shall be a party to a statutory merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991, the amount represented in this State shall be that proportion of its paid‑in capital that the sum of (1) the value of its property located in this State and (2) the gross amount of business transacted by it at or from places of business in this State bears to the sum of (1) the value of all of its property, wherever located, and (2) the gross amount of its business, wherever transacted. (e) The proportion represented in this State of the paid‑in capital of a foreign corporation shall be determined from information contained in the latest annual report of the corporation on file on the date the particular increase in paid‑in capital is shown to have been made, or, if no annual report was on file on the date of the increase, from information contained in the application of the corporation for authority to transact business in this State, or, in case of a merger that becomes effective either prior to January 1, 1991 or on or prior to the last day of the third month immediately preceding the surviving corporation's anniversary month in 1991, from information contained in the report of the surviving corporation of the amount of its paid‑in capital following the merger. (f) No basis under this Section may consist of any redeemable preference shares sold to the United States Secretary of Transportation under Sections 505 and 506 of Public Law 94‑210. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.60)(from Ch. 32, par. 15.60) Sec. 15.60. Rate of license fees payable by foreign corporations. The initial license fee and all additional license fees payable by a foreign corporation shall be computed at the rate of one‑twentieth of one per cent of the basis prescribed in this Act for the computation of the initial license fee and additional license fees, respectively, but the initial license fee shall not be less than 50 cents. (Source: P.A. 83‑1025.)
(805 ILCS 5/15.65)(from Ch. 32, par. 15.65) Sec. 15.65. Franchise taxes payable by foreign corporations. For the privilege of exercising its authority to transact such business in this State as set out in its application therefor or any amendment thereto, each foreign corporation shall pay to the Secretary of State the following franchise taxes, computed on the basis, at the rates and for the periods prescribed in this Act: (a) An initial franchise tax at the time of filing its application for authority to transact business in this State. (b) An additional franchise tax at the time of filing (1) a report of the issuance of additional shares, or (2) a report of an increase in paid‑in capital without the issuance of shares, or (3) a report of cumulative changes in paid‑in capital or a report of an exchange or reclassification of shares, whenever any such report discloses an increase in its paid‑in capital over the amount thereof last reported in any document, other than an annual report, interim annual report or final transition annual report, required by this Act to be filed in the office of the Secretary of State. (c) Whenever the corporation shall be a party to a statutory merger and shall be the surviving corporation, an additional franchise tax at the time of filing its report following merger, if such report discloses that the amount represented in this State of its paid‑in capital immediately after the merger is greater than the aggregate of the amounts represented in this State of the paid‑in capital of such of the merged corporations as were authorized to transact business in this State at the time of the merger, as last reported by them in any documents, other than annual reports, required by this Act to be filed in the office of the Secretary of State; and in addition, the surviving corporation shall be liable for a further additional franchise tax on the paid‑in capital of each of the merged corporations as last reported by them in any document, other than an annual report, required by this Act to be filed with the Secretary of State, from their taxable year end to the next succeeding anniversary month or, in the case of a corporation which has established an extended filing month, the extended filing month of the surviving corporation; however if the taxable year ends within the 2 month period immediately preceding the anniversary month or the extended filing month of the surviving corporation, the tax will be computed to the anniversary or, extended filing month of the surviving corporation in the next succeeding calendar year. (d) An annual franchise tax payable each year with any annual report which the corporation is required by this Act to file. (Source: P.A. 92‑33, eff. 7‑1‑01.)
(805 ILCS 5/15.70)(from Ch. 32, par. 15.70) Sec. 15.70. Basis for computation of franchise taxes payable by foreign corporations. (a) The basis for the initial franchise tax payable by a foreign corporation shall be the amount represented in this State, determined in accordance with the provisions of this Section, of its paid‑in capital as disclosed by its application for authority to transact business in this State.
