Full Text of SB3148 97th General Assembly
SB3148eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Illinois Income Tax Act is amended by | 5 | | changing Sections 509 and 509.1 as follows:
| 6 | | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
| 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
| 10 | | designate contributions to the funds to which contributions may | 11 | | be made under this Article 5.
| 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
| 16 | | accordingly.
| 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.
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| 1 | | (d) Notwithstanding any other provision of law, the | 2 | | Department shall include the Habitat for Humanity Fund checkoff | 3 | | established under Section 507VV on the individual income tax | 4 | | form for the taxable year beginning on January 1, 2012. If, on | 5 | | October 1, 2013, or on October 1 of any subsequent year, the | 6 | | total contributions to the Habitat for Humanity Fund checkoff | 7 | | do not equal $100,000 or more, the explanations
and spaces for | 8 | | designating contributions to the fund shall be removed from the
| 9 | | individual income tax return forms for the following and all | 10 | | subsequent years
and all subsequent contributions to the fund | 11 | | shall be refunded to the taxpayer. | 12 | | (Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07; | 13 | | 95-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff. | 14 | | 8-11-09.)
| 15 | | (35 ILCS 5/509.1) | 16 | | Sec. 509.1. Removal of excess tax-checkoff funds. | 17 | | Notwithstanding any provisions of this Act to the contrary, | 18 | | beginning on the effective date of this amendatory Act of the | 19 | | 95th General Assembly, there may not be more than 15 | 20 | | tax-checkoff funds contained on the individual tax return form | 21 | | at any one time. Each year, the Department shall determine | 22 | | whether the sum of (i) the number of new tax-checkoff funds | 23 | | created by the General Assembly during that year plus (ii) the | 24 | | number of tax-checkoff funds that collected at least $100,000 | 25 | | during the previous year exceeds 15. If so, then the Department |
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| 1 | | shall remove a number of tax-checkoff funds that were on the | 2 | | return during the previous year that is equal to the sum of | 3 | | items (i) and (ii) minus 15, starting with the tax-checkoff | 4 | | fund that received the least amount of contributions and | 5 | | working upward until a sufficient number of funds have been | 6 | | removed. The Habitat for Humanity Fund checkoff established | 7 | | under Section 507VV shall be included among the 15 tax-checkoff | 8 | | funds as provided in subsection (d) of Section 509 of this Act.
| 9 | | (Source: P.A. 95-435, eff. 8-27-07.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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