Which standard of value applies when an Illinois business changes hands or lands in court?
It depends on the assignment: fair market value assumes a hypothetical willing buyer and seller, investment value reflects worth to a specific buyer including synergies, and intrinsic value reflects fundamental economic potential. Selecting the wrong standard is a frequent and costly error, so we define it explicitly before analysis begins.
Do closely held business interests fall under the Illinois estate tax?
Yes. Estates above the $4 million Illinois exemption owe state estate tax at graduated rates, and includible assets expressly cover business interests. A supportable date-of-death valuation of the company is what determines where the estate falls relative to that threshold.
Is the value listed on an Illinois probate inventory final?
No. Under the Illinois Probate Act, inventories and appraisals may be given in evidence but are not conclusive if other evidence shows the estate was worth more or less. That is why a documented business valuation, rather than a placeholder number, protects the representative when values are later questioned.
Does Illinois accept the federal value of a business interest for its estate tax?
Yes, and it locks it in. Under 35 ILCS 405/5(c) the gross value of transferred property is its value as finally determined for federal transfer tax purposes, undiminished by mortgages, liens, or other encumbrances on that property for which the decedent was personally liable. Discounts for lack of control or marketability accepted federally carry into the Illinois calculation, and further reductions for personal debt on the asset do not.
Can a factory’s machinery become taxable real property in Illinois?
It can. Illinois assessors and courts apply an intention test and the integrated industrial doctrine to decide when business equipment has become a taxable fixture, weighing how permanently it is annexed, its nature and purpose, and how integral it is to the industrial operation. The same press or production line can sit outside the tax base in one installation and inside real property value in another.