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90_HB3079
20 ILCS 2705/49.35 new
35 ILCS 5/211 new
Amends the Illinois Income Tax Act and the Civil
Administrative Code of Illinois. Creates an income tax
credit for taxpayers that receive a certificate of
eligibility from the Department of Transportation in an
amount equal to 50% of the amounts expended by the taxpayer
on soundproofing a building that (1) is within 5 miles of
O'Hare International Airport or Midway Airport or (2) is
within the 60 day-night average sound level (DNL) noise
contour area. Provides that the credit may not exceed
$10,000 and may not reduce the taxpayer's liability under the
Act to less than zero. Provides that the Department of
Transportation, in cooperation with the communities
surrounding O'Hare and the city of Chicago, shall prescribe
rules for determining who is eligible for a certificate of
eligibility for the credit. Applicable to tax years
beginning on or after January 1, 1998. Sunsets the credit
after 10 years. Effective immediately.
LRB9009889KDcd
LRB9009889KDcd
1 AN ACT concerning taxes, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by adding Section 49.35 as follows:
6 (20 ILCS 2705/49.35 new)
7 Sec. 49.35. The Department, in cooperation with the
8 communities surrounding O'Hare International Airport and the
9 city of Chicago, shall prescribe rules to be used in
10 determining whether a building is within the 60 day-night
11 average sound level (DNL) noise contour area for purposes of
12 receiving the Soundproofing Tax Credit provided in Section
13 211 of the Illinois Income Tax Act.
14 Section 10. The Illinois Income Tax Act is amended by
15 adding Section 211 as follows:
16 (35 ILCS 5/211 new)
17 Sec. 211. Soundproofing Tax Credit.
18 (a) For tax years beginning on and after January 1, 1998
19 and ending on or before December 30, 2008, each taxpayer
20 receiving a certificate of eligibility from the Department of
21 Transportation as provided in subsection (b) shall be
22 entitled to a tax credit against the taxes imposed under this
23 Act in an amount equal to 50% of the expenditures by the
24 taxpayer for the cost of soundproofing any building that (1)
25 lies within 5 miles of O'Hare International Airport or Midway
26 Airport or (2) is within the 60 day-night average sound level
27 (DNL) noise contour area, as certified by the Illinois
28 Department of Transportation. In no event shall a credit
29 under this Section exceed $10,000. In no event shall a
-2- LRB9009889KDcd
1 credit under this Section reduce the taxpayer's liability
2 under this Act to less than zero.
3 (b) Any taxpayer applying for a credit under this
4 Section shall apply to the Department of Transportation for a
5 certificate of eligibility for the credit on a form
6 prescribed by the Department and shall provide any
7 information required by the Department. The Department of
8 Transportation, in cooperation with the communities
9 surrounding O'Hare and the city of Chicago, shall prescribe
10 rules to determine eligibility for the credit in accordance
11 with Section 49.35 of the Civil Administrative Code of
12 Illinois. If the Department of Transportation determines
13 that the taxpayer is eligible for the credit, it shall issue
14 a certificate of eligibility for the credit in the form
15 prescribed by the Department. The Department of
16 Transportation shall file with the Department a copy of each
17 certificate of eligibility for the credit under this Section.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.