96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3682


 
Introduced 2/24/2009, by Rep. Emily McAsey
 
SYNOPSIS AS INTRODUCED:
 		













35 ILCS 5/218 new










    Amends the Illinois Income Tax Act. Authorizes a credit to taxpayers for an amount equal to 20% of the amount of expenditures by the taxpayer for equipment       placed in service during the taxable year for the purpose of preventing identity theft, but not to exceed $100 per article of equipment. Provides that the credit may not reduce the taxpayer's liability to less than zero and may not be carried back, but may be carried forward and applied to the tax liability of the 2 taxable years following the excess credit year. Exempt from the Act's sunset provisions. Effective immediately.
















LRB096 10377 RCE 20547 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3682

LRB096 10377 RCE 20547 b






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    AN ACT concerning revenue.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Income Tax Act is amended  by adding 
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Section 218 as follows:
 
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    (35 ILCS 5/218  new)
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    Sec. 218. Credit for identity theft prevention equipment.
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    (a) For each taxable year ending on or after December 31, 
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2009, each taxpayer is entitled to a credit against the tax 
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imposed by subsections (a) and (b) of Section 201 of this Act 
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in an amount equal to 20% of the amount of expenditures by the 
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taxpayer for equipment       placed in service during the taxable 
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year for the purpose of preventing identity theft, but not to 
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exceed $100 per article of equipment. For partners, 
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shareholders of Subchapter S corporations, and owners of 
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limited liability companies, if the liability company is 
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treated as a partnership for purposes of federal and State 
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income taxation, there shall be allowed a credit under this 
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Section to be determined in accordance with the determination 
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of income and distributive share of income under Sections 702 
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and 704 and Subchapter S of the Internal Revenue Code.
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    (b) In no event shall a credit under this Section reduce 
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the taxpayer's liability to less than zero. If the amount of 
 


 






HB3682
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LRB096 10377 RCE 20547 b




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the credit exceeds the tax liability for the year, the excess 
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may not be carried back, but may be carried forward and applied 
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to the tax liability of the 2 taxable years following the 
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excess credit year. The credit shall be applied to the earliest 
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year for which there is a tax liability. If there are credits 
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for more than one year that are available to offset a 
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liability, the earlier credit shall be applied first.
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    (c) This Section is exempt from the provisions of Section 
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250. 
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.