093_HB1107eng HB1107 Engrossed LRB093 02688 SJM 02698 b 1 AN ACT concerning taxes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Income Tax Act is amended by 5 adding Section 213 as follows: 6 (35 ILCS 5/213 new) 7 Sec. 213. Assistive technology devices tax credit. 8 (a) Beginning with taxable years ending on or after 9 December 31, 2003, each taxpayer that is a small business is 10 entitled to a credit against the tax imposed by subsections 11 (a) and (b) of Section 201 in the amount of 50% of the amount 12 spent by the taxpayer in the taxable year, up to a maximum 13 credit of $2,500 in the taxable year, for modifications to or 14 the purchase of assistive technology devices for people with 15 disabilities to improve their functional capabilities on the 16 job. The Department shall establish by rule those expenses 17 that are eligible for the credit under this Section. The tax 18 credit may not reduce the taxpayer's liability to less than 19 zero. This Section is exempt from the provisions of Section 20 250 of this Act. 21 (b) If the amount of the credit exceeds the tax 22 liability for the year, the excess may be carried forward and 23 applied to the tax liability of the 5 taxable years following 24 the excess credit year. The credit shall be applied to the 25 earliest year for which there is a tax liability. If there 26 are credits from more than one tax year that are available to 27 offset a liability, the earlier credit shall be applied 28 first. 29 (c) In this Section: 30 "Small business" means a business that (i) has 14 31 employees or less and (ii) has a gross income, for federal HB1107 Engrossed -2- LRB093 02688 SJM 02698 b 1 income tax purposes, of $3,000,000 or less in the taxable 2 year. 3 "Assistive technology device" means any item, piece of 4 equipment, or product system, whether acquired commercially, 5 off the shelf, modified, or customized, that is used to 6 increase, maintain, or improve functional capabilities of 7 people with disabilities. 8 "People with disabilities" includes any person who has a 9 physical or mental impairment that substantially limits one 10 or more of the major life activities of the individual; who 11 has a record of such an impairment; or who is regarded as 12 having such an impairment. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.