Illinois General Assembly - Full Text of SB3655
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Full Text of SB3655  96th General Assembly

SB3655ham001 96TH GENERAL ASSEMBLY

Executive Committee

Filed: 5/5/2010

 

 


 

 


 
09600SB3655ham001 LRB096 20364 HLH 41099 a

1
AMENDMENT TO SENATE BILL 3655

2     AMENDMENT NO. ______. Amend Senate Bill 3655 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Income Tax Act is amended by
5 changing Section 201 as follows:
 
6     (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
7     Sec. 201. Tax Imposed.
8     (a) In general. A tax measured by net income is hereby
9 imposed on every individual, corporation, trust and estate for
10 each taxable year ending after July 31, 1969 on the privilege
11 of earning or receiving income in or as a resident of this
12 State. Such tax shall be in addition to all other occupation or
13 privilege taxes imposed by this State or by any municipal
14 corporation or political subdivision thereof.
15     (b) Rates. The tax imposed by subsection (a) of this
16 Section shall be determined as follows, except as adjusted by

 

 

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1 subsection (d-1):
2         (1) In the case of an individual, trust or estate, for
3     taxable years ending prior to July 1, 1989, an amount equal
4     to 2 1/2% of the taxpayer's net income for the taxable
5     year.
6         (2) In the case of an individual, trust or estate, for
7     taxable years beginning prior to July 1, 1989 and ending
8     after June 30, 1989, an amount equal to the sum of (i) 2
9     1/2% of the taxpayer's net income for the period prior to
10     July 1, 1989, as calculated under Section 202.3, and (ii)
11     3% of the taxpayer's net income for the period after June
12     30, 1989, as calculated under Section 202.3.
13         (3) In the case of an individual, trust or estate, for
14     taxable years beginning after June 30, 1989, an amount
15     equal to 3% of the taxpayer's net income for the taxable
16     year.
17         (4) (Blank).
18         (5) (Blank).
19         (6) In the case of a corporation, for taxable years
20     ending prior to July 1, 1989, an amount equal to 4% of the
21     taxpayer's net income for the taxable year.
22         (7) In the case of a corporation, for taxable years
23     beginning prior to July 1, 1989 and ending after June 30,
24     1989, an amount equal to the sum of (i) 4% of the
25     taxpayer's net income for the period prior to July 1, 1989,
26     as calculated under Section 202.3, and (ii) 4.8% of the

 

 

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1     taxpayer's net income for the period after June 30, 1989,
2     as calculated under Section 202.3.
3         (8) In the case of a corporation, for taxable years
4     beginning after June 30, 1989, an amount equal to 4.8% of
5     the taxpayer's net income for the taxable year.
6     (c) Personal Property Tax Replacement Income Tax.
7 Beginning on July 1, 1979 and thereafter, in addition to such
8 income tax, there is also hereby imposed the Personal Property
9 Tax Replacement Income Tax measured by net income on every
10 corporation (including Subchapter S corporations), partnership
11 and trust, for each taxable year ending after June 30, 1979.
12 Such taxes are imposed on the privilege of earning or receiving
13 income in or as a resident of this State. The Personal Property
14 Tax Replacement Income Tax shall be in addition to the income
15 tax imposed by subsections (a) and (b) of this Section and in
16 addition to all other occupation or privilege taxes imposed by
17 this State or by any municipal corporation or political
18 subdivision thereof.
19     (d) Additional Personal Property Tax Replacement Income
20 Tax Rates. The personal property tax replacement income tax
21 imposed by this subsection and subsection (c) of this Section
22 in the case of a corporation, other than a Subchapter S
23 corporation and except as adjusted by subsection (d-1), shall
24 be an additional amount equal to 2.85% of such taxpayer's net
25 income for the taxable year, except that beginning on January
26 1, 1981, and thereafter, the rate of 2.85% specified in this

 

 

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1 subsection shall be reduced to 2.5%, and in the case of a
2 partnership, trust or a Subchapter S corporation shall be an
3 additional amount equal to 1.5% of such taxpayer's net income
4 for the taxable year.
5     (d-1) Rate reduction for certain foreign insurers. In the
6 case of a foreign insurer, as defined by Section 35A-5 of the
7 Illinois Insurance Code, whose state or country of domicile
8 imposes on insurers domiciled in Illinois a retaliatory tax
9 (excluding any insurer whose premiums from reinsurance assumed
10 are 50% or more of its total insurance premiums as determined
11 under paragraph (2) of subsection (b) of Section 304, except
12 that for purposes of this determination premiums from
13 reinsurance do not include premiums from inter-affiliate
14 reinsurance arrangements), beginning with taxable years ending
15 on or after December 31, 1999, the sum of the rates of tax
16 imposed by subsections (b) and (d) shall be reduced (but not
17 increased) to the rate at which the total amount of tax imposed
18 under this Act, net of all credits allowed under this Act,
19 shall equal (i) the total amount of tax that would be imposed
20 on the foreign insurer's net income allocable to Illinois for
21 the taxable year by such foreign insurer's state or country of
22 domicile if that net income were subject to all income taxes
23 and taxes measured by net income imposed by such foreign
24 insurer's state or country of domicile, net of all credits
25 allowed or (ii) a rate of zero if no such tax is imposed on such
26 income by the foreign insurer's state of domicile. For the

 

 

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1 purposes of this subsection (d-1), an inter-affiliate includes
2 a mutual insurer under common management.
3         (1) For the purposes of subsection (d-1), in no event
4     shall the sum of the rates of tax imposed by subsections
5     (b) and (d) be reduced below the rate at which the sum of:
6             (A) the total amount of tax imposed on such foreign
7         insurer under this Act for a taxable year, net of all
8         credits allowed under this Act, plus
9             (B) the privilege tax imposed by Section 409 of the
10         Illinois Insurance Code, the fire insurance company
11         tax imposed by Section 12 of the Fire Investigation
12         Act, and the fire department taxes imposed under
13         Section 11-10-1 of the Illinois Municipal Code,
14     equals 1.25% for taxable years ending prior to December 31,
15     2003, or 1.75% for taxable years ending on or after
16     December 31, 2003, of the net taxable premiums written for
17     the taxable year, as described by subsection (1) of Section
18     409 of the Illinois Insurance Code. This paragraph will in
19     no event increase the rates imposed under subsections (b)
20     and (d).
21         (2) Any reduction in the rates of tax imposed by this
22     subsection shall be applied first against the rates imposed
23     by subsection (b) and only after the tax imposed by
24     subsection (a) net of all credits allowed under this
25     Section other than the credit allowed under subsection (i)
26     has been reduced to zero, against the rates imposed by

 

 

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1     subsection (d).
2     This subsection (d-1) is exempt from the provisions of
3 Section 250.
4     (e) Investment credit. A taxpayer shall be allowed a credit
5 against the Personal Property Tax Replacement Income Tax for
6 investment in qualified property.
7         (1) A taxpayer shall be allowed a credit equal to .5%
8     of the basis of qualified property placed in service during
9     the taxable year, provided such property is placed in
10     service on or after July 1, 1984. There shall be allowed an
11     additional credit equal to .5% of the basis of qualified
12     property placed in service during the taxable year,
13     provided such property is placed in service on or after
14     July 1, 1986, and the taxpayer's base employment within
15     Illinois has increased by 1% or more over the preceding
16     year as determined by the taxpayer's employment records
17     filed with the Illinois Department of Employment Security.
18     Taxpayers who are new to Illinois shall be deemed to have
19     met the 1% growth in base employment for the first year in
20     which they file employment records with the Illinois
21     Department of Employment Security. The provisions added to
22     this Section by Public Act 85-1200 (and restored by Public
23     Act 87-895) shall be construed as declaratory of existing
24     law and not as a new enactment. If, in any year, the
25     increase in base employment within Illinois over the
26     preceding year is less than 1%, the additional credit shall

 

 

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1     be limited to that percentage times a fraction, the
2     numerator of which is .5% and the denominator of which is
3     1%, but shall not exceed .5%. The investment credit shall
4     not be allowed to the extent that it would reduce a
5     taxpayer's liability in any tax year below zero, nor may
6     any credit for qualified property be allowed for any year
7     other than the year in which the property was placed in
8     service in Illinois. For tax years ending on or after
9     December 31, 1987, and on or before December 31, 1988, the
10     credit shall be allowed for the tax year in which the
11     property is placed in service, or, if the amount of the
12     credit exceeds the tax liability for that year, whether it
13     exceeds the original liability or the liability as later
14     amended, such excess may be carried forward and applied to
15     the tax liability of the 5 taxable years following the
16     excess credit years if the taxpayer (i) makes investments
17     which cause the creation of a minimum of 2,000 full-time
18     equivalent jobs in Illinois, (ii) is located in an
19     enterprise zone established pursuant to the Illinois
20     Enterprise Zone Act and (iii) is certified by the
21     Department of Commerce and Community Affairs (now
22     Department of Commerce and Economic Opportunity) as
23     complying with the requirements specified in clause (i) and
24     (ii) by July 1, 1986. The Department of Commerce and
25     Community Affairs (now Department of Commerce and Economic
26     Opportunity) shall notify the Department of Revenue of all

 

 

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1     such certifications immediately. For tax years ending
2     after December 31, 1988, the credit shall be allowed for
3     the tax year in which the property is placed in service,
4     or, if the amount of the credit exceeds the tax liability
5     for that year, whether it exceeds the original liability or
6     the liability as later amended, such excess may be carried
7     forward and applied to the tax liability of the 5 taxable
8     years following the excess credit years. The credit shall
9     be applied to the earliest year for which there is a
10     liability. If there is credit from more than one tax year
11     that is available to offset a liability, earlier credit
12     shall be applied first.
13         (2) The term "qualified property" means property
14     which:
15             (A) is tangible, whether new or used, including
16         buildings and structural components of buildings and
17         signs that are real property, but not including land or
18         improvements to real property that are not a structural
19         component of a building such as landscaping, sewer
20         lines, local access roads, fencing, parking lots, and
21         other appurtenances;
22             (B) is depreciable pursuant to Section 167 of the
23         Internal Revenue Code, except that "3-year property"
24         as defined in Section 168(c)(2)(A) of that Code is not
25         eligible for the credit provided by this subsection
26         (e);

 

 

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1             (C) is acquired by purchase as defined in Section
2         179(d) of the Internal Revenue Code;
3             (D) is used in Illinois by a taxpayer who is
4         primarily engaged in manufacturing, or in mining coal
5         or fluorite, or in retailing, or was placed in service
6         on or after July 1, 2006 in a River Edge Redevelopment
7         Zone established pursuant to the River Edge
8         Redevelopment Zone Act; and
9             (E) has not previously been used in Illinois in
10         such a manner and by such a person as would qualify for
11         the credit provided by this subsection (e) or
12         subsection (f).
13         (3) For purposes of this subsection (e),
14     "manufacturing" means the material staging and production
15     of tangible personal property by procedures commonly
16     regarded as manufacturing, processing, fabrication, or
17     assembling which changes some existing material into new
18     shapes, new qualities, or new combinations. For purposes of
19     this subsection (e) the term "mining" shall have the same
20     meaning as the term "mining" in Section 613(c) of the
21     Internal Revenue Code. For purposes of this subsection (e),
22     the term "retailing" means the sale of tangible personal
23     property for use or consumption and not for resale, or
24     services rendered in conjunction with the sale of tangible
25     personal property for use or consumption and not for
26     resale. For purposes of this subsection (e), "tangible

 

 

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1     personal property" has the same meaning as when that term
2     is used in the Retailers' Occupation Tax Act, and, for
3     taxable years ending after December 31, 2008, does not
4     include the generation, transmission, or distribution of
5     electricity.
6         (4) The basis of qualified property shall be the basis
7     used to compute the depreciation deduction for federal
8     income tax purposes.
9         (5) If the basis of the property for federal income tax
10     depreciation purposes is increased after it has been placed
11     in service in Illinois by the taxpayer, the amount of such
12     increase shall be deemed property placed in service on the
13     date of such increase in basis.
14         (6) The term "placed in service" shall have the same
15     meaning as under Section 46 of the Internal Revenue Code.
16         (7) If during any taxable year, any property ceases to
17     be qualified property in the hands of the taxpayer within
18     48 months after being placed in service, or the situs of
19     any qualified property is moved outside Illinois within 48
20     months after being placed in service, the Personal Property
21     Tax Replacement Income Tax for such taxable year shall be
22     increased. Such increase shall be determined by (i)
23     recomputing the investment credit which would have been
24     allowed for the year in which credit for such property was
25     originally allowed by eliminating such property from such
26     computation and, (ii) subtracting such recomputed credit

 

 

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1     from the amount of credit previously allowed. For the
2     purposes of this paragraph (7), a reduction of the basis of
3     qualified property resulting from a redetermination of the
4     purchase price shall be deemed a disposition of qualified
5     property to the extent of such reduction.
6         (8) Unless the investment credit is extended by law,
7     the basis of qualified property shall not include costs
8     incurred after December 31, 2013, except for costs incurred
9     pursuant to a binding contract entered into on or before
10     December 31, 2013.
11         (9) Each taxable year ending before December 31, 2000,
12     a partnership may elect to pass through to its partners the
13     credits to which the partnership is entitled under this
14     subsection (e) for the taxable year. A partner may use the
15     credit allocated to him or her under this paragraph only
16     against the tax imposed in subsections (c) and (d) of this
17     Section. If the partnership makes that election, those
18     credits shall be allocated among the partners in the
19     partnership in accordance with the rules set forth in
20     Section 704(b) of the Internal Revenue Code, and the rules
21     promulgated under that Section, and the allocated amount of
22     the credits shall be allowed to the partners for that
23     taxable year. The partnership shall make this election on
24     its Personal Property Tax Replacement Income Tax return for
25     that taxable year. The election to pass through the credits
26     shall be irrevocable.

 

 

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1         For taxable years ending on or after December 31, 2000,
2     a partner that qualifies its partnership for a subtraction
3     under subparagraph (I) of paragraph (2) of subsection (d)
4     of Section 203 or a shareholder that qualifies a Subchapter
5     S corporation for a subtraction under subparagraph (S) of
6     paragraph (2) of subsection (b) of Section 203 shall be
7     allowed a credit under this subsection (e) equal to its
8     share of the credit earned under this subsection (e) during
9     the taxable year by the partnership or Subchapter S
10     corporation, determined in accordance with the
11     determination of income and distributive share of income
12     under Sections 702 and 704 and Subchapter S of the Internal
13     Revenue Code. This paragraph is exempt from the provisions
14     of Section 250.
15     (f) Investment credit; Enterprise Zone; River Edge
16 Redevelopment Zone.
17         (1) A taxpayer shall be allowed a credit against the
18     tax imposed by subsections (a) and (b) of this Section for
19     investment in qualified property which is placed in service
20     in an Enterprise Zone created pursuant to the Illinois
21     Enterprise Zone Act or, for property placed in service on
22     or after July 1, 2006, a River Edge Redevelopment Zone
23     established pursuant to the River Edge Redevelopment Zone
24     Act. For partners, shareholders of Subchapter S
25     corporations, and owners of limited liability companies,
26     if the liability company is treated as a partnership for

 

 

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1     purposes of federal and State income taxation, there shall
2     be allowed a credit under this subsection (f) to be
3     determined in accordance with the determination of income
4     and distributive share of income under Sections 702 and 704
5     and Subchapter S of the Internal Revenue Code. The credit
6     shall be .5% of the basis for such property. The credit
7     shall be available only in the taxable year in which the
8     property is placed in service in the Enterprise Zone or
9     River Edge Redevelopment Zone and shall not be allowed to
10     the extent that it would reduce a taxpayer's liability for
11     the tax imposed by subsections (a) and (b) of this Section
12     to below zero. For tax years ending on or after December
13     31, 1985, the credit shall be allowed for the tax year in
14     which the property is placed in service, or, if the amount
15     of the credit exceeds the tax liability for that year,
16     whether it exceeds the original liability or the liability
17     as later amended, such excess may be carried forward and
18     applied to the tax liability of the 5 taxable years
19     following the excess credit year. The credit shall be
20     applied to the earliest year for which there is a
21     liability. If there is credit from more than one tax year
22     that is available to offset a liability, the credit
23     accruing first in time shall be applied first.
24         (2) The term qualified property means property which:
25             (A) is tangible, whether new or used, including
26         buildings and structural components of buildings;

 

 

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1             (B) is depreciable pursuant to Section 167 of the
2         Internal Revenue Code, except that "3-year property"
3         as defined in Section 168(c)(2)(A) of that Code is not
4         eligible for the credit provided by this subsection
5         (f);
6             (C) is acquired by purchase as defined in Section
7         179(d) of the Internal Revenue Code;
8             (D) is used in the Enterprise Zone or River Edge
9         Redevelopment Zone by the taxpayer; and
10             (E) has not been previously used in Illinois in
11         such a manner and by such a person as would qualify for
12         the credit provided by this subsection (f) or
13         subsection (e).
14         (3) The basis of qualified property shall be the basis
15     used to compute the depreciation deduction for federal
16     income tax purposes.
17         (4) If the basis of the property for federal income tax
18     depreciation purposes is increased after it has been placed
19     in service in the Enterprise Zone or River Edge
20     Redevelopment Zone by the taxpayer, the amount of such
21     increase shall be deemed property placed in service on the
22     date of such increase in basis.
23         (5) The term "placed in service" shall have the same
24     meaning as under Section 46 of the Internal Revenue Code.
25         (6) If during any taxable year, any property ceases to
26     be qualified property in the hands of the taxpayer within

 

 

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1     48 months after being placed in service, or the situs of
2     any qualified property is moved outside the Enterprise Zone
3     or River Edge Redevelopment Zone within 48 months after
4     being placed in service, the tax imposed under subsections
5     (a) and (b) of this Section for such taxable year shall be
6     increased. Such increase shall be determined by (i)
7     recomputing the investment credit which would have been
8     allowed for the year in which credit for such property was
9     originally allowed by eliminating such property from such
10     computation, and (ii) subtracting such recomputed credit
11     from the amount of credit previously allowed. For the
12     purposes of this paragraph (6), a reduction of the basis of
13     qualified property resulting from a redetermination of the
14     purchase price shall be deemed a disposition of qualified
15     property to the extent of such reduction.
16         (7) There shall be allowed an additional credit equal
17     to 0.5% of the basis of qualified property placed in
18     service during the taxable year in a River Edge
19     Redevelopment Zone, provided such property is placed in
20     service on or after July 1, 2006, and the taxpayer's base
21     employment within Illinois has increased by 1% or more over
22     the preceding year as determined by the taxpayer's
23     employment records filed with the Illinois Department of
24     Employment Security. Taxpayers who are new to Illinois
25     shall be deemed to have met the 1% growth in base
26     employment for the first year in which they file employment

 

 

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1     records with the Illinois Department of Employment
2     Security. If, in any year, the increase in base employment
3     within Illinois over the preceding year is less than 1%,
4     the additional credit shall be limited to that percentage
5     times a fraction, the numerator of which is 0.5% and the
6     denominator of which is 1%, but shall not exceed 0.5%.
7     (g) Jobs Tax Credit; Enterprise Zone, River Edge
8 Redevelopment Zone, and Foreign Trade Zone or Sub-Zone.
9         (1) A taxpayer conducting a trade or business in an
10     enterprise zone or a High Impact Business designated by the
11     Department of Commerce and Economic Opportunity or for
12     taxable years ending on or after December 31, 2006, in a
13     River Edge Redevelopment Zone conducting a trade or
14     business in a federally designated Foreign Trade Zone or
15     Sub-Zone shall be allowed a credit against the tax imposed
16     by subsections (a) and (b) of this Section in the amount of
17     $500 per eligible employee hired to work in the zone during
18     the taxable year.
19         (2) To qualify for the credit:
20             (A) the taxpayer must hire 5 or more eligible
21         employees to work in an enterprise zone, River Edge
22         Redevelopment Zone, or federally designated Foreign
23         Trade Zone or Sub-Zone during the taxable year;
24             (B) the taxpayer's total employment within the
25         enterprise zone, River Edge Redevelopment Zone, or
26         federally designated Foreign Trade Zone or Sub-Zone

 

 

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1         must increase by 5 or more full-time employees beyond
2         the total employed in that zone at the end of the
3         previous tax year for which a jobs tax credit under
4         this Section was taken, or beyond the total employed by
5         the taxpayer as of December 31, 1985, whichever is
6         later; and
7             (C) the eligible employees must be employed 180
8         consecutive days in order to be deemed hired for
9         purposes of this subsection.
10         (3) An "eligible employee" means an employee who is:
11             (A) Certified by the Department of Commerce and
12         Economic Opportunity as "eligible for services"
13         pursuant to regulations promulgated in accordance with
14         Title II of the Job Training Partnership Act, Training
15         Services for the Disadvantaged or Title III of the Job
16         Training Partnership Act, Employment and Training
17         Assistance for Dislocated Workers Program.
18             (B) Hired after the enterprise zone, River Edge
19         Redevelopment Zone, or federally designated Foreign
20         Trade Zone or Sub-Zone was designated or the trade or
21         business was located in that zone, whichever is later.
22             (C) Employed in the enterprise zone, River Edge
23         Redevelopment Zone, or Foreign Trade Zone or Sub-Zone.
24         An employee is employed in an enterprise zone or
25         federally designated Foreign Trade Zone or Sub-Zone if
26         his services are rendered there or it is the base of

 

 

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1         operations for the services performed.
2             (D) A full-time employee working 30 or more hours
3         per week.
4         (4) For tax years ending on or after December 31, 1985
5     and prior to December 31, 1988, the credit shall be allowed
6     for the tax year in which the eligible employees are hired.
7     For tax years ending on or after December 31, 1988, the
8     credit shall be allowed for the tax year immediately
9     following the tax year in which the eligible employees are
10     hired. If the amount of the credit exceeds the tax
11     liability for that year, whether it exceeds the original
12     liability or the liability as later amended, such excess
13     may be carried forward and applied to the tax liability of
14     the 5 taxable years following the excess credit year. The
15     credit shall be applied to the earliest year for which
16     there is a liability. If there is credit from more than one
17     tax year that is available to offset a liability, earlier
18     credit shall be applied first.
19         (5) The Department of Revenue shall promulgate such
20     rules and regulations as may be deemed necessary to carry
21     out the purposes of this subsection (g).
22         (6) The credit shall be available for eligible
23     employees hired on or after January 1, 1986.
24     (h) Investment credit; High Impact Business.
25         (1) Subject to subsections (b) and (b-5) of Section 5.5
26     of the Illinois Enterprise Zone Act, a taxpayer shall be

 

 

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1     allowed a credit against the tax imposed by subsections (a)
2     and (b) of this Section for investment in qualified
3     property which is placed in service by a Department of
4     Commerce and Economic Opportunity designated High Impact
5     Business. The credit shall be .5% of the basis for such
6     property. The credit shall not be available (i) until the
7     minimum investments in qualified property set forth in
8     subdivision (a)(3)(A) of Section 5.5 of the Illinois
9     Enterprise Zone Act have been satisfied or (ii) until the
10     time authorized in subsection (b-5) of the Illinois
11     Enterprise Zone Act for entities designated as High Impact
12     Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
13     (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
14     Act, and shall not be allowed to the extent that it would
15     reduce a taxpayer's liability for the tax imposed by
16     subsections (a) and (b) of this Section to below zero. The
17     credit applicable to such investments shall be taken in the
18     taxable year in which such investments have been completed.
19     The credit for additional investments beyond the minimum
20     investment by a designated high impact business authorized
21     under subdivision (a)(3)(A) of Section 5.5 of the Illinois
22     Enterprise Zone Act shall be available only in the taxable
23     year in which the property is placed in service and shall
24     not be allowed to the extent that it would reduce a
25     taxpayer's liability for the tax imposed by subsections (a)
26     and (b) of this Section to below zero. For tax years ending

 

 

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1     on or after December 31, 1987, the credit shall be allowed
2     for the tax year in which the property is placed in
3     service, or, if the amount of the credit exceeds the tax
4     liability for that year, whether it exceeds the original
5     liability or the liability as later amended, such excess
6     may be carried forward and applied to the tax liability of
7     the 5 taxable years following the excess credit year. The
8     credit shall be applied to the earliest year for which
9     there is a liability. If there is credit from more than one
10     tax year that is available to offset a liability, the
11     credit accruing first in time shall be applied first.
12         Changes made in this subdivision (h)(1) by Public Act
13     88-670 restore changes made by Public Act 85-1182 and
14     reflect existing law.
15         (2) The term qualified property means property which:
16             (A) is tangible, whether new or used, including
17         buildings and structural components of buildings;
18             (B) is depreciable pursuant to Section 167 of the
19         Internal Revenue Code, except that "3-year property"
20         as defined in Section 168(c)(2)(A) of that Code is not
21         eligible for the credit provided by this subsection
22         (h);
23             (C) is acquired by purchase as defined in Section
24         179(d) of the Internal Revenue Code; and
25             (D) is not eligible for the Enterprise Zone
26         Investment Credit provided by subsection (f) of this

 

 

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1         Section.
2         (3) The basis of qualified property shall be the basis
3     used to compute the depreciation deduction for federal
4     income tax purposes.
5         (4) If the basis of the property for federal income tax
6     depreciation purposes is increased after it has been placed
7     in service in a federally designated Foreign Trade Zone or
8     Sub-Zone located in Illinois by the taxpayer, the amount of
9     such increase shall be deemed property placed in service on
10     the date of such increase in basis.
11         (5) The term "placed in service" shall have the same
12     meaning as under Section 46 of the Internal Revenue Code.
13         (6) If during any taxable year ending on or before
14     December 31, 1996, any property ceases to be qualified
15     property in the hands of the taxpayer within 48 months
16     after being placed in service, or the situs of any
17     qualified property is moved outside Illinois within 48
18     months after being placed in service, the tax imposed under
19     subsections (a) and (b) of this Section for such taxable
20     year shall be increased. Such increase shall be determined
21     by (i) recomputing the investment credit which would have
22     been allowed for the year in which credit for such property
23     was originally allowed by eliminating such property from
24     such computation, and (ii) subtracting such recomputed
25     credit from the amount of credit previously allowed. For
26     the purposes of this paragraph (6), a reduction of the

 

 

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1     basis of qualified property resulting from a
2     redetermination of the purchase price shall be deemed a
3     disposition of qualified property to the extent of such
4     reduction.
5         (7) Beginning with tax years ending after December 31,
6     1996, if a taxpayer qualifies for the credit under this
7     subsection (h) and thereby is granted a tax abatement and
8     the taxpayer relocates its entire facility in violation of
9     the explicit terms and length of the contract under Section
10     18-183 of the Property Tax Code, the tax imposed under
11     subsections (a) and (b) of this Section shall be increased
12     for the taxable year in which the taxpayer relocated its
13     facility by an amount equal to the amount of credit
14     received by the taxpayer under this subsection (h).
15     (i) Credit for Personal Property Tax Replacement Income
16 Tax. For tax years ending prior to December 31, 2003, a credit
17 shall be allowed against the tax imposed by subsections (a) and
18 (b) of this Section for the tax imposed by subsections (c) and
19 (d) of this Section. This credit shall be computed by
20 multiplying the tax imposed by subsections (c) and (d) of this
21 Section by a fraction, the numerator of which is base income
22 allocable to Illinois and the denominator of which is Illinois
23 base income, and further multiplying the product by the tax
24 rate imposed by subsections (a) and (b) of this Section.
25     Any credit earned on or after December 31, 1986 under this
26 subsection which is unused in the year the credit is computed

 

 

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1 because it exceeds the tax liability imposed by subsections (a)
2 and (b) for that year (whether it exceeds the original
3 liability or the liability as later amended) may be carried
4 forward and applied to the tax liability imposed by subsections
5 (a) and (b) of the 5 taxable years following the excess credit
6 year, provided that no credit may be carried forward to any
7 year ending on or after December 31, 2003. This credit shall be
8 applied first to the earliest year for which there is a
9 liability. If there is a credit under this subsection from more
10 than one tax year that is available to offset a liability the
11 earliest credit arising under this subsection shall be applied
12 first.
13     If, during any taxable year ending on or after December 31,
14 1986, the tax imposed by subsections (c) and (d) of this
15 Section for which a taxpayer has claimed a credit under this
16 subsection (i) is reduced, the amount of credit for such tax
17 shall also be reduced. Such reduction shall be determined by
18 recomputing the credit to take into account the reduced tax
19 imposed by subsections (c) and (d). If any portion of the
20 reduced amount of credit has been carried to a different
21 taxable year, an amended return shall be filed for such taxable
22 year to reduce the amount of credit claimed.
23     (j) Training expense credit. Beginning with tax years
24 ending on or after December 31, 1986 and prior to December 31,
25 2003, a taxpayer shall be allowed a credit against the tax
26 imposed by subsections (a) and (b) under this Section for all

 

 

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1 amounts paid or accrued, on behalf of all persons employed by
2 the taxpayer in Illinois or Illinois residents employed outside
3 of Illinois by a taxpayer, for educational or vocational
4 training in semi-technical or technical fields or semi-skilled
5 or skilled fields, which were deducted from gross income in the
6 computation of taxable income. The credit against the tax
7 imposed by subsections (a) and (b) shall be 1.6% of such
8 training expenses. For partners, shareholders of subchapter S
9 corporations, and owners of limited liability companies, if the
10 liability company is treated as a partnership for purposes of
11 federal and State income taxation, there shall be allowed a
12 credit under this subsection (j) to be determined in accordance
13 with the determination of income and distributive share of
14 income under Sections 702 and 704 and subchapter S of the
15 Internal Revenue Code.
16     Any credit allowed under this subsection which is unused in
17 the year the credit is earned may be carried forward to each of
18 the 5 taxable years following the year for which the credit is
19 first computed until it is used. This credit shall be applied
20 first to the earliest year for which there is a liability. If
21 there is a credit under this subsection from more than one tax
22 year that is available to offset a liability the earliest
23 credit arising under this subsection shall be applied first. No
24 carryforward credit may be claimed in any tax year ending on or
25 after December 31, 2003.
26     (k) Research and development credit.

 

 

09600SB3655ham001 - 25 - LRB096 20364 HLH 41099 a

1     For tax years ending after July 1, 1990 and prior to
2 December 31, 2003, and beginning again for tax years ending on
3 or after December 31, 2004, and ending prior to January 1,
4 2011, a taxpayer shall be allowed a credit against the tax
5 imposed by subsections (a) and (b) of this Section for
6 increasing research activities in this State. The credit
7 allowed against the tax imposed by subsections (a) and (b)
8 shall be equal to 6 1/2% of the qualifying expenditures for
9 increasing research activities in this State. For partners,
10 shareholders of subchapter S corporations, and owners of
11 limited liability companies, if the liability company is
12 treated as a partnership for purposes of federal and State
13 income taxation, there shall be allowed a credit under this
14 subsection to be determined in accordance with the
15 determination of income and distributive share of income under
16 Sections 702 and 704 and subchapter S of the Internal Revenue
17 Code.
18     For purposes of this subsection, "qualifying expenditures"
19 means the qualifying expenditures as defined for the federal
20 credit for increasing research activities which would be
21 allowable under Section 41 of the Internal Revenue Code and
22 which are conducted in this State, "qualifying expenditures for
23 increasing research activities in this State" means the excess
24 of qualifying expenditures for the taxable year in which
25 incurred over qualifying expenditures for the base period,
26 "qualifying expenditures for the base period" means the average

 

 

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1 of the qualifying expenditures for each year in the base
2 period, and "base period" means the 3 taxable years immediately
3 preceding the taxable year for which the determination is being
4 made.
5     Any credit in excess of the tax liability for the taxable
6 year may be carried forward. A taxpayer may elect to have the
7 unused credit shown on its final completed return carried over
8 as a credit against the tax liability for the following 5
9 taxable years or until it has been fully used, whichever occurs
10 first; provided that no credit earned in a tax year ending
11 prior to December 31, 2003 may be carried forward to any year
12 ending on or after December 31, 2003, and no credit may be
13 carried forward to any taxable year ending on or after January
14 1, 2011.
15     If an unused credit is carried forward to a given year from
16 2 or more earlier years, that credit arising in the earliest
17 year will be applied first against the tax liability for the
18 given year. If a tax liability for the given year still
19 remains, the credit from the next earliest year will then be
20 applied, and so on, until all credits have been used or no tax
21 liability for the given year remains. Any remaining unused
22 credit or credits then will be carried forward to the next
23 following year in which a tax liability is incurred, except
24 that no credit can be carried forward to a year which is more
25 than 5 years after the year in which the expense for which the
26 credit is given was incurred.

 

 

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1     No inference shall be drawn from this amendatory Act of the
2 91st General Assembly in construing this Section for taxable
3 years beginning before January 1, 1999.
4     (l) Environmental Remediation Tax Credit.
5         (i) For tax years ending after December 31, 1997 and on
6     or before December 31, 2001, a taxpayer shall be allowed a
7     credit against the tax imposed by subsections (a) and (b)
8     of this Section for certain amounts paid for unreimbursed
9     eligible remediation costs, as specified in this
10     subsection. For purposes of this Section, "unreimbursed
11     eligible remediation costs" means costs approved by the
12     Illinois Environmental Protection Agency ("Agency") under
13     Section 58.14 of the Environmental Protection Act that were
14     paid in performing environmental remediation at a site for
15     which a No Further Remediation Letter was issued by the
16     Agency and recorded under Section 58.10 of the
17     Environmental Protection Act. The credit must be claimed
18     for the taxable year in which Agency approval of the
19     eligible remediation costs is granted. The credit is not
20     available to any taxpayer if the taxpayer or any related
21     party caused or contributed to, in any material respect, a
22     release of regulated substances on, in, or under the site
23     that was identified and addressed by the remedial action
24     pursuant to the Site Remediation Program of the
25     Environmental Protection Act. After the Pollution Control
26     Board rules are adopted pursuant to the Illinois

 

 

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1     Administrative Procedure Act for the administration and
2     enforcement of Section 58.9 of the Environmental
3     Protection Act, determinations as to credit availability
4     for purposes of this Section shall be made consistent with
5     those rules. For purposes of this Section, "taxpayer"
6     includes a person whose tax attributes the taxpayer has
7     succeeded to under Section 381 of the Internal Revenue Code
8     and "related party" includes the persons disallowed a
9     deduction for losses by paragraphs (b), (c), and (f)(1) of
10     Section 267 of the Internal Revenue Code by virtue of being
11     a related taxpayer, as well as any of its partners. The
12     credit allowed against the tax imposed by subsections (a)
13     and (b) shall be equal to 25% of the unreimbursed eligible
14     remediation costs in excess of $100,000 per site, except
15     that the $100,000 threshold shall not apply to any site
16     contained in an enterprise zone as determined by the
17     Department of Commerce and Community Affairs (now
18     Department of Commerce and Economic Opportunity). The
19     total credit allowed shall not exceed $40,000 per year with
20     a maximum total of $150,000 per site. For partners and
21     shareholders of subchapter S corporations, there shall be
22     allowed a credit under this subsection to be determined in
23     accordance with the determination of income and
24     distributive share of income under Sections 702 and 704 and
25     subchapter S of the Internal Revenue Code.
26         (ii) A credit allowed under this subsection that is

 

 

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1     unused in the year the credit is earned may be carried
2     forward to each of the 5 taxable years following the year
3     for which the credit is first earned until it is used. The
4     term "unused credit" does not include any amounts of
5     unreimbursed eligible remediation costs in excess of the
6     maximum credit per site authorized under paragraph (i).
7     This credit shall be applied first to the earliest year for
8     which there is a liability. If there is a credit under this
9     subsection from more than one tax year that is available to
10     offset a liability, the earliest credit arising under this
11     subsection shall be applied first. A credit allowed under
12     this subsection may be sold to a buyer as part of a sale of
13     all or part of the remediation site for which the credit
14     was granted. The purchaser of a remediation site and the
15     tax credit shall succeed to the unused credit and remaining
16     carry-forward period of the seller. To perfect the
17     transfer, the assignor shall record the transfer in the
18     chain of title for the site and provide written notice to
19     the Director of the Illinois Department of Revenue of the
20     assignor's intent to sell the remediation site and the
21     amount of the tax credit to be transferred as a portion of
22     the sale. In no event may a credit be transferred to any
23     taxpayer if the taxpayer or a related party would not be
24     eligible under the provisions of subsection (i).
25         (iii) For purposes of this Section, the term "site"
26     shall have the same meaning as under Section 58.2 of the

 

 

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1     Environmental Protection Act.
2     (m) Education expense credit. Beginning with tax years
3 ending after December 31, 1999, a taxpayer who is the custodian
4 of one or more qualifying pupils shall be allowed a credit
5 against the tax imposed by subsections (a) and (b) of this
6 Section for qualified education expenses incurred on behalf of
7 the qualifying pupils. The credit shall be equal to 25% of
8 qualified education expenses, but in no event may the total
9 credit under this subsection claimed by a family that is the
10 custodian of qualifying pupils exceed $500. In no event shall a
11 credit under this subsection reduce the taxpayer's liability
12 under this Act to less than zero. This subsection is exempt
13 from the provisions of Section 250 of this Act.
14     For purposes of this subsection:
15     "Qualifying pupils" means individuals who (i) are
16 residents of the State of Illinois, (ii) are under the age of
17 21 at the close of the school year for which a credit is
18 sought, and (iii) during the school year for which a credit is
19 sought were full-time pupils enrolled in a kindergarten through
20 twelfth grade education program at any school, as defined in
21 this subsection.
22     "Qualified education expense" means the amount incurred on
23 behalf of a qualifying pupil in excess of $250 for tuition,
24 book fees, and lab fees at the school in which the pupil is
25 enrolled during the regular school year.
26     "School" means any public or nonpublic elementary or

 

 

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1 secondary school in Illinois that is in compliance with Title
2 VI of the Civil Rights Act of 1964 and attendance at which
3 satisfies the requirements of Section 26-1 of the School Code,
4 except that nothing shall be construed to require a child to
5 attend any particular public or nonpublic school to qualify for
6 the credit under this Section.
7     "Custodian" means, with respect to qualifying pupils, an
8 Illinois resident who is a parent, the parents, a legal
9 guardian, or the legal guardians of the qualifying pupils.
10     (n) River Edge Redevelopment Zone site remediation tax
11 credit.
12         (i) For tax years ending on or after December 31, 2006,
13     a taxpayer shall be allowed a credit against the tax
14     imposed by subsections (a) and (b) of this Section for
15     certain amounts paid for unreimbursed eligible remediation
16     costs, as specified in this subsection. For purposes of
17     this Section, "unreimbursed eligible remediation costs"
18     means costs approved by the Illinois Environmental
19     Protection Agency ("Agency") under Section 58.14a of the
20     Environmental Protection Act that were paid in performing
21     environmental remediation at a site within a River Edge
22     Redevelopment Zone for which a No Further Remediation
23     Letter was issued by the Agency and recorded under Section
24     58.10 of the Environmental Protection Act. The credit must
25     be claimed for the taxable year in which Agency approval of
26     the eligible remediation costs is granted. The credit is

 

 

09600SB3655ham001 - 32 - LRB096 20364 HLH 41099 a

1     not available to any taxpayer if the taxpayer or any
2     related party caused or contributed to, in any material
3     respect, a release of regulated substances on, in, or under
4     the site that was identified and addressed by the remedial
5     action pursuant to the Site Remediation Program of the
6     Environmental Protection Act. Determinations as to credit
7     availability for purposes of this Section shall be made
8     consistent with rules adopted by the Pollution Control
9     Board pursuant to the Illinois Administrative Procedure
10     Act for the administration and enforcement of Section 58.9
11     of the Environmental Protection Act. For purposes of this
12     Section, "taxpayer" includes a person whose tax attributes
13     the taxpayer has succeeded to under Section 381 of the
14     Internal Revenue Code and "related party" includes the
15     persons disallowed a deduction for losses by paragraphs
16     (b), (c), and (f)(1) of Section 267 of the Internal Revenue
17     Code by virtue of being a related taxpayer, as well as any
18     of its partners. The credit allowed against the tax imposed
19     by subsections (a) and (b) shall be equal to 25% of the
20     unreimbursed eligible remediation costs in excess of
21     $100,000 per site.
22         (ii) A credit allowed under this subsection that is
23     unused in the year the credit is earned may be carried
24     forward to each of the 5 taxable years following the year
25     for which the credit is first earned until it is used. This
26     credit shall be applied first to the earliest year for

 

 

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1     which there is a liability. If there is a credit under this
2     subsection from more than one tax year that is available to
3     offset a liability, the earliest credit arising under this
4     subsection shall be applied first. A credit allowed under
5     this subsection may be sold to a buyer as part of a sale of
6     all or part of the remediation site for which the credit
7     was granted. The purchaser of a remediation site and the
8     tax credit shall succeed to the unused credit and remaining
9     carry-forward period of the seller. To perfect the
10     transfer, the assignor shall record the transfer in the
11     chain of title for the site and provide written notice to
12     the Director of the Illinois Department of Revenue of the
13     assignor's intent to sell the remediation site and the
14     amount of the tax credit to be transferred as a portion of
15     the sale. In no event may a credit be transferred to any
16     taxpayer if the taxpayer or a related party would not be
17     eligible under the provisions of subsection (i).
18         (iii) For purposes of this Section, the term "site"
19     shall have the same meaning as under Section 58.2 of the
20     Environmental Protection Act.
21         (iv) This subsection is exempt from the provisions of
22     Section 250.
23 (Source: P.A. 95-454, eff. 8-27-07; 96-115, eff. 7-31-09;
24 96-116, eff. 7-31-09; revised 8-20-09.)
 
25     Section 99. Effective date. This Act takes effect upon

 

 

09600SB3655ham001 - 34 - LRB096 20364 HLH 41099 a

1 becoming law.".