Illinois 2025-2026 Regular Session

Illinois House Bill HB5776

Caption

SHORT-TERM RENTAL TAX ACT

Summary

HB5776 creates the Short-Term Rental Excise Tax Act and imposes a 4% state tax on the rental price of short-term rentals in Illinois beginning January 1, 2027. The tax applies to renters, but short-term rental operators are responsible for collecting and remitting it to the Department of Revenue. The bill defines key terms such as short-term rental, hosting platform, marketplace facilitator, and re-renter, and it establishes rules for registration, monthly or quarterly returns, recordkeeping, refunds, audits, penalties, and Department rulemaking. The bill also creates the Community Land Trust Fund in the State treasury and directs all net revenue from the new tax into that fund. Those moneys would be used by the Illinois Housing Development Authority for development, staffing, capacity building, and technical assistance related to community land trusts. In addition, the bill amends the Community Land Trust Home Ownership Act to update the definition of a community land trust and related affordability requirements, tying the new revenue stream to affordable housing policy. HB5776 would change state tax law by adding a new excise tax regime specifically for short-term rentals and by incorporating several provisions of the Retailers' Occupation Tax Act and the Uniform Penalty and Interest Act into the new framework. It also creates compliance obligations for short-term rental operators and marketplace facilitators, including registration, separate books and records, filing returns, and remitting tax. Religious organizations and certain disaster-relief organizations are exempt when the rental activity is in furtherance of their exempt purposes. The general sentiment reflected in the bill text is policy-oriented and revenue-focused, with the tax framed as a dedicated funding source for community land trusts and affordable housing. Because no committee transcripts or votes were provided, there is no recorded floor or committee sentiment to assess beyond the bill’s structure and purpose. The bill appears designed to channel short-term rental activity into a housing-affordability initiative rather than to broadly regulate the short-term rental market. The main points of contention likely concern the new tax burden on short-term rental users and operators, the compliance obligations placed on platforms such as Airbnb-style marketplaces, and the broader policy question of whether short-term rental activity should be taxed to support housing programs. The bill’s detailed facilitator rules, audit authority, and felony penalty for noncompliance suggest that enforcement and administrative burden could be significant issues for operators and platforms. Supporters would likely emphasize the dedicated affordable-housing funding, while opponents may focus on cost increases for travelers, hosts, and marketplace businesses.

Impact

The bill would add a new chapter of state tax law governing short-term rentals, requiring operators and certain marketplace facilitators to collect a 4% excise tax, file returns, maintain records, and remit payments to the Department of Revenue. It would also create the Community Land Trust Fund and direct net tax proceeds to the Illinois Housing Development Authority for community land trust-related purposes. Related amendments would revise the Community Land Trust Home Ownership Act to expand and clarify the statutory definition of community land trust and its affordability framework.

Sentiment

No committee transcripts or vote history were provided, so there is no documented legislative debate or recorded vote sentiment to summarize. Based on the bill text alone, the measure appears to be presented as a housing-affordability revenue bill, with an emphasis on funding community land trusts through a dedicated tax on short-term rentals. The overall tone is policy-driven and supportive of affordable housing goals, while also imposing substantial compliance requirements on the short-term rental industry.

Contention

Likely points of contention include the 4% tax itself, whether short-term rental users and hosts should bear a new state levy, and the administrative burden placed on operators and marketplace facilitators to collect, remit, and report the tax. The bill’s treatment of platforms as remittance agents once they cross a $100,000 threshold may be especially sensitive for online marketplaces. Another likely issue is the use of tax proceeds for community land trusts, which supporters may view as a targeted affordable-housing investment and critics may view as an added cost on a growing lodging sector.

Companion Bills

No companion bills found.

Previously Filed As

IL HB2663

SHORT-TERM RENTAL TAX ACT

IL SB1749

SHORT-TERM RENTAL TAX ACT

IL HCR2032

Short-term rentals; vacation rentals.

IL HB161

Extend sales, use and local lodging taxes to short-term rentals

IL S0442

Short Term Rentals

IL HB109

Regards local regulation, taxing of short-term rental properties

IL SB104

Regards local regulation, taxing of short-term rental properties

IL HB87

Short-Term Rentals and Home Amenity Rentals - Taxation, Regulation, and Crimes

IL SB132

Short-Term Rentals and Home Amenity Rentals - Taxation, Regulation, and Crimes

IL SB336

Revise laws related to short-term rentals

Similar Bills

No similar bills found.