97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4228

 

Introduced 1/30/2012, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/302  from Ch. 120, par. 3-302

    Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning income allocation.


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A BILL FOR

 

HB4228LRB097 15223 HLH 60323 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Income Tax Act is amended by
5changing Section 302 as follows:
 
6    (35 ILCS 5/302)  (from Ch. 120, par. 3-302)
7    Sec. 302. Compensation paid to nonresidents.
8    (a) In general. All items of compensation paid in this
9State (as determined under Section 304(a)(2)(B)) to an
10individual who is a nonresident at the the time of such payment
11and all items of deduction directly allocable thereto, shall be
12allocated to this State.
13    (b) Reciprocal exemption. The Director may enter into an
14agreement with the taxing authorities of any state which
15imposes a tax on or measured by income to provide that
16compensation paid in such state to residents of this State
17shall be exempt from such tax; in such case, any compensation
18paid in this State to residents of such state shall not be
19allocated to this State. All reciprocal agreements shall be
20subject to the requirements of Section 2505-575 of the
21Department of Revenue Law (20 ILCS 2505/2505-575).
22    (c) Cross references.
23        (1) For allocation of amounts received by nonresidents

 

 

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1    from certain employee trusts, see Section 301(b)(2).
2        (2) For allocation of compensation by residents, see
3    Section 301(a).
4(Source: P.A. 90-491, eff. 1-1-98; 91-239, eff. 1-1-00.)