HB2319 96TH GENERAL ASSEMBLY

LRB096 04681 RCE 14742 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2319

Introduced 2/18/2009, by Rep. William Davis - Barbara Flynn Currie - Tom Cross - William B. Black, David E. Miller, et al.

SYNOPSIS AS INTRODUCED:

35 ILCS 5/212

Amends the Illinois Income Tax Act. Increases the percentage of the earned income tax credit from 5% of the federal tax credit to 7.5% in 2009 and 10% in 2010 and thereafter. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Illinois Income Tax Act is amended by changing Section 212 as follows:

(35 ILCS 5/212)

Sec. 212. Earned income tax credit.

(a) With respect to the federal earned income tax credit allowed for the taxable year under Section 32 of the federal Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer is entitled to a credit against the tax imposed by subsections (a) and (b) of Section 201 in an amount equal to the following:

(1) for each taxable year beginning on or after January 1, 2000 and ending before or during calendar year 2008, the amount of the credit is 5% of the federal tax credit;

(2) for each taxable year ending during calendar year 2009, the amount of the credit is 7.5% of the federal tax credit; and

(3) for each taxable year ending during calendar year 2010 and thereafter, the amount of the credit is 10% of the federal tax credit. 5% of the federal tax credit for each taxable year beginning on or after January 1, 2000.

For a non-resident or part-year resident, the amount of the credit under this Section shall be in proportion to the amount of income attributable to this State.

(b) For taxable years beginning before January 1, 2003, in no event shall a credit under this Section reduce the taxpayer's liability to less than zero. For each taxable year beginning on or after January 1, 2003, if the amount of the credit exceeds the income tax liability for the applicable tax year, then the excess credit shall be refunded to the taxpayer. The amount of a refund shall not be included in the taxpayer's income or resources for the purposes of determining eligibility or benefit level in any means-tested benefit program administered by a governmental entity unless required by federal law.

(c) This Section is exempt from the provisions of Section 250.

(Source: P.A. 95-333, eff. 8-21-07.)

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