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| | SB1823 Engrossed | | LRB098 06232 HLH 36273 b |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Income Tax Act is amended by |
5 | | changing Sections 509 and 509.1 as follows:
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6 | | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
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7 | | Sec. 509. Tax checkoff explanations. |
8 | | (a) All individual income tax return forms
shall contain |
9 | | appropriate explanations and spaces to enable the taxpayers to
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10 | | designate contributions to the funds to which contributions may |
11 | | be made under this Article 5.
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12 | | (b) Each form shall contain a statement that the |
13 | | contributions will reduce the
taxpayer's refund or increase the |
14 | | amount of payment to accompany the return.
Failure to remit any |
15 | | amount of increased payment shall reduce the contribution
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16 | | accordingly.
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17 | | (c) If, on October 1 of any year, the total contributions |
18 | | to any one of the
funds made under this Article 5 do not equal |
19 | | $100,000 or more, the explanations
and spaces for designating |
20 | | contributions to the fund shall be removed from the
individual |
21 | | income tax return forms for the following and all subsequent |
22 | | years
and all subsequent contributions to the fund shall be |
23 | | refunded to the taxpayer. This contribution requirement does |
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1 | | not apply to the Diabetes Research Checkoff Fund checkoff |
2 | | contained in Section 507GG of this Act or the Veterans' Homes |
3 | | Fund checkoff established under Section 507DD of this Act .
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4 | | (d) Notwithstanding any other provision of law, the |
5 | | Department shall include the Hunger Relief Fund checkoff |
6 | | established under Section 507SS on the individual income tax |
7 | | form for the taxable year beginning on January 1, 2012. If, on |
8 | | October 1, 2013, or on October 1 of any subsequent year, the |
9 | | total contributions to the Hunger Relief Fund checkoff do not |
10 | | equal $100,000 or more, the explanations
and spaces for |
11 | | designating contributions to the fund shall be removed from the
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12 | | individual income tax return forms for the following and all |
13 | | subsequent years
and all subsequent contributions to the fund |
14 | | shall be refunded to the taxpayer. |
15 | | (e) Notwithstanding any other provision of law, if the |
16 | | Veterans' Homes Fund checkoff established under Section 507DD |
17 | | fails to meet the $100,000 contribution requirement set forth |
18 | | in subsection (c) for 2 consecutive calendar years, then the |
19 | | explanations
and spaces for designating contributions to the |
20 | | fund shall be removed from the
individual income tax return |
21 | | forms for the following and all subsequent years
and all |
22 | | subsequent contributions to the fund shall be refunded to the |
23 | | taxpayer. |
24 | | (f) Notwithstanding any other provision of law, the |
25 | | Department shall include the Veterans' Homes Fund checkoff |
26 | | established under Section 507DD on the individual income tax |
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1 | | form for the taxable year beginning on January 1, 2013. |
2 | | (Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)
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3 | | (35 ILCS 5/509.1) |
4 | | Sec. 509.1. Removal of excess tax-checkoff funds. |
5 | | Notwithstanding any provisions of this Act to the contrary, |
6 | | beginning on the effective date of this amendatory Act of the |
7 | | 95th General Assembly, there may not be more than 15 |
8 | | tax-checkoff funds contained on the individual tax return form |
9 | | at any one time. Each year, the Department shall determine |
10 | | whether the sum of (i) the number of new tax-checkoff funds |
11 | | created by the General Assembly during that year plus (ii) the |
12 | | number of tax-checkoff funds that collected at least $100,000 |
13 | | during the previous year exceeds 15. If so, then the Department |
14 | | shall remove a number of tax-checkoff funds that were on the |
15 | | return during the previous year that is equal to the sum of |
16 | | items (i) and (ii) minus 15, starting with the tax-checkoff |
17 | | fund that received the least amount of contributions and |
18 | | working upward until a sufficient number of funds have been |
19 | | removed. The Hunger Relief Fund checkoff established under |
20 | | Section 507SS shall be included among the 15 tax-checkoff funds |
21 | | as provided in subsection (d) of Section 509 of this Act.
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22 | | For taxable years ending on or after December 31, 2012, the |
23 | | Diabetes Research Checkoff Fund checkoff contained in Section |
24 | | 507GG of this Act shall be included on the individual tax |
25 | | return form notwithstanding the provisions of this Section. The |
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1 | | Diabetes Research Checkoff Fund checkoff shall not be included |
2 | | when calculating the 15 tax-checkoff fund limitation set forth |
3 | | in this Section. |
4 | | The Veterans' Homes Fund checkoff established under |
5 | | Section 507DD shall not be included when calculating the 15 |
6 | | tax-checkoff fund limitation set forth in this Section. |
7 | | (Source: P.A. 97-1117, eff. 8-27-12.)
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8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
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