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90_SB0396
35 ILCS 5/204 from Ch. 120, par. 2-204
Amends the Illinois Income Tax Act. Provides that the
standard exemption basic amount for individuals, the
additional amount for individuals, and the amounts of the
additional exemptions allowed if a taxpayer or a taxpayer's
spouse is 65 years of age or older or blind shall be subject
to annual adjustments equal to the percentage of increase in
the previous calendar year in the Consumer Price Index for
All Urban Consumers for all items published by the Untied
States Department of Labor or a successor index adopted by
the Department of Revenue by rule. Exempts the additional
amounts from the sunset provisions of the Act.
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1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 204.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Income Tax Act is amended by
6 changing Section 204 as follows:
7 (35 ILCS 5/204) (from Ch. 120, par. 2-204)
8 Sec. 204. Standard Exemption.
9 (a) Allowance of exemption. In computing net income
10 under this Act, there shall be allowed as an exemption the
11 sum of the amounts determined under subsections (b), (c) and
12 (d), multiplied by a fraction the numerator of which is the
13 amount of the taxpayer's base income allocable to this State
14 for the taxable year and the denominator of which is the
15 taxpayer's total base income for the taxable year.
16 (b) Basic amount. For the purpose of subsection (a) of
17 this Section, except as provided by subsection (a) of Section
18 205 and in this subsection, each taxpayer shall be allowed a
19 basic amount of $1000. For taxable years ending on or after
20 December 31, 1992, a taxpayer whose Illinois base income
21 exceeds the basic amount $1,000 and who is claimed as a
22 dependent on another person's tax return under the Internal
23 Revenue Code of 1986 shall not be allowed any basic amount
24 under this subsection.
25 (c) Additional amount for individuals. In the case of an
26 individual taxpayer, there shall be allowed for the purpose
27 of subsection (a), in addition to the basic amount provided
28 by subsection (b), an additional exemption in the amount of
29 $1000 for each exemption in excess of one allowable to such
30 individual taxpayer for the taxable year under Section 151 of
31 the Internal Revenue Code.
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1 (d) Additional exemptions for an individual taxpayer and
2 his or her spouse. In the case of an individual taxpayer and
3 his or her spouse, he or she shall each be allowed additional
4 exemptions as follows:
5 (1) Additional exemption for taxpayer or spouse 65
6 years of age or older.
7 (A) For taxpayer. An additional exemption of
8 $1,000 for the taxpayer if he or she has attained
9 the age of 65 before the end of the taxable year.
10 (B) For spouse when a joint return is not
11 filed. An additional exemption of $1,000 for the
12 spouse of the taxpayer if a joint return is not made
13 by the taxpayer and his spouse, and if the spouse
14 has attained the age of 65 before the end of such
15 taxable year, and, for the calendar year in which
16 the taxable year of the taxpayer begins, has no
17 gross income and is not the dependent of another
18 taxpayer.
19 (2) Additional exemption for blindness of taxpayer
20 or spouse.
21 (A) For taxpayer. An additional exemption of
22 $1,000 for the taxpayer if he or she is blind at the
23 end of the taxable year.
24 (B) For spouse when a joint return is not
25 filed. An additional exemption of $1,000 for the
26 spouse of the taxpayer if a separate return is made
27 by the taxpayer, and if the spouse is blind and, for
28 the calendar year in which the taxable year of the
29 taxpayer begins, has no gross income and is not the
30 dependent of another taxpayer. For purposes of this
31 paragraph, the determination of whether the spouse
32 is blind shall be made as of the end of the taxable
33 year of the taxpayer; except that if the spouse dies
34 during such taxable year such determination shall be
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1 made as of the time of such death.
2 (C) Blindness defined. For purposes of this
3 subsection, an individual is blind only if his or
4 her central visual acuity does not exceed 20/200 in
5 the better eye with correcting lenses, or if his or
6 her visual acuity is greater than 20/200 but is
7 accompanied by a limitation in the fields of vision
8 such that the widest diameter of the visual fields
9 subtends an angle no greater than 20 degrees.
10 (d-1) For tax years ending on December 31, 1998 and
11 thereafter, the basic amount for individual taxpayers in
12 subsection (b), the additional amount for individuals in
13 subsection (c), and the amounts of the additional exemptions
14 in subsection (d) shall be subject to annual adjustments
15 equal to the percentage of increase in the previous calendar
16 year in the Consumer Price Index for All Urban Consumers for
17 all items published by the United States Department of Labor
18 or a successor index adopted by the Department of Revenue by
19 rule. This subsection is exempt from the provisions of
20 Section 250.
21 (e) Cross reference. See Article 3 for the manner of
22 determining base income allocable to this State.
23 (Source: P.A. 86-146; 87-880; 87-1246.)