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90_SB0985 35 ILCS 5/201 from Ch. 120, par. 2-201 Amends the Illinois Income Tax Act. Makes a technical change in the Section concerning the tax imposed. LRB9002376DNmb LRB9002376DNmb 1 AN ACT to amend the Illinois Income Tax Act by changing 2 Section 201. 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 201 as follows: 7 (35 ILCS 5/201) (from Ch. 120, par. 2-201) 8 Sec. 201. Tax Imposed. 9 (a) In general. A tax measured by net income is hereby 10 imposed on every individual, corporation, trust and estate 11 for each taxable year ending after July 31, 1969 on the 12 privilege of earning or receiving income in or as a resident 13 of this State. Such tax shall be in addition to all other 14 occupation or privilege taxes imposed by this State or by any 15 municipal corporation or political subdivision thereof. 16 (b) Rates. The tax imposed by subsection (a) of this 17 Section shall be determined as follows: 18 (1) In the case of an individual, trust or estate, 19 for taxable years ending prior to July 1, 1989, an amount 20 equal to 2 1/2% of the taxpayer's net income for the 21 taxable year. 22 (2) In the case of an individual, trust or estate, 23 for taxable years beginning prior to July 1, 1989 and 24 ending after June 30, 1989, an amount equal to the sum of 25 (i) 2 1/2% of the taxpayer's net income for the period 26 prior to July 1, 1989, as calculated under Section 202.3, 27 and (ii) 3% of the taxpayer's net income for the period 28 after June 30, 1989, as calculated under Section 202.3. 29 (3) In the case of an individual, trust or estate, 30 for taxable years beginning after June 30, 1989, an 31 amount equal to 3% of the taxpayer's net income for the -2- LRB9002376DNmb 1 taxable year. 2 (4) (Blank). 3 (5) (Blank). 4 (6) In the case of a corporation, for taxable years 5 ending prior to July 1, 1989, an amount equal to 4% of 6 the taxpayer's net income for the taxable year. 7 (7) In the case of a corporation, for taxable years 8 beginning prior to July 1, 1989 and ending after June 30, 9 1989, an amount equal to the sum of (i) 4% of the 10 taxpayer's net income for the period prior to July 1, 11 1989, as calculated under Section 202.3, and (ii) 4.8% of 12 the taxpayer's net income for the period after June 30, 13 1989, as calculated under Section 202.3. 14 (8) In the case of a corporation, for taxable years 15 beginning after June 30, 1989, an amount equal to 4.8% of 16 the taxpayer's net income for the taxable year. 17 (c) Beginning on July 1, 1979 and thereafter, in 18 addition to thesuchincome tax, there is also hereby imposed 19 the Personal Property Tax Replacement Income Tax measured by 20 net income on every corporation (including Subchapter S 21 corporations), partnership and trust, for each taxable year 22 ending after June 30, 1979. Such taxes are imposed on the 23 privilege of earning or receiving income in or as a resident 24 of this State. The Personal Property Tax Replacement Income 25 Tax shall be in addition to the income tax imposed by 26 subsections (a) and (b) of this Section and in addition to 27 all other occupation or privilege taxes imposed by this State 28 or by any municipal corporation or political subdivision 29 thereof. 30 (d) Additional Personal Property Tax Replacement Income 31 Tax Rates. The personal property tax replacement income tax 32 imposed by this subsection and subsection (c) of this Section 33 in the case of a corporation, other than a Subchapter S 34 corporation, shall be an additional amount equal to 2.85% of -3- LRB9002376DNmb 1 such taxpayer's net income for the taxable year, except that 2 beginning on January 1, 1981, and thereafter, the rate of 3 2.85% specified in this subsection shall be reduced to 2.5%, 4 and in the case of a partnership, trust or a Subchapter S 5 corporation shall be an additional amount equal to 1.5% of 6 such taxpayer's net income for the taxable year. 7 (e) Investment credit. A taxpayer shall be allowed a 8 credit against the Personal Property Tax Replacement Income 9 Tax for investment in qualified property. 10 (1) A taxpayer shall be allowed a credit equal to 11 .5% of the basis of qualified property placed in service 12 during the taxable year, provided such property is placed 13 in service on or after July 1, 1984. There shall be 14 allowed an additional credit equal to .5% of the basis of 15 qualified property placed in service during the taxable 16 year, provided such property is placed in service on or 17 after July 1, 1986, and the taxpayer's base employment 18 within Illinois has increased by 1% or more over the 19 preceding year as determined by the taxpayer's employment 20 records filed with the Illinois Department of Employment 21 Security. Taxpayers who are new to Illinois shall be 22 deemed to have met the 1% growth in base employment for 23 the first year in which they file employment records with 24 the Illinois Department of Employment Security. The 25 provisions added to this Section by Public Act 85-1200 26 (and restored by Public Act 87-895) shall be construed as 27 declaratory of existing law and not as a new enactment. 28 If, in any year, the increase in base employment within 29 Illinois over the preceding year is less than 1%, the 30 additional credit shall be limited to that percentage 31 times a fraction, the numerator of which is .5% and the 32 denominator of which is 1%, but shall not exceed .5%. 33 The investment credit shall not be allowed to the extent 34 that it would reduce a taxpayer's liability in any tax -4- LRB9002376DNmb 1 year below zero, nor may any credit for qualified 2 property be allowed for any year other than the year in 3 which the property was placed in service in Illinois. For 4 tax years ending on or after December 31, 1987, and on or 5 before December 31, 1988, the credit shall be allowed for 6 the tax year in which the property is placed in service, 7 or, if the amount of the credit exceeds the tax liability 8 for that year, whether it exceeds the original liability 9 or the liability as later amended, such excess may be 10 carried forward and applied to the tax liability of the 5 11 taxable years following the excess credit years if the 12 taxpayer (i) makes investments which cause the creation 13 of a minimum of 2,000 full-time equivalent jobs in 14 Illinois, (ii) is located in an enterprise zone 15 established pursuant to the Illinois Enterprise Zone Act 16 and (iii) is certified by the Department of Commerce and 17 Community Affairs as complying with the requirements 18 specified in clause (i) and (ii) by July 1, 1986. The 19 Department of Commerce and Community Affairs shall notify 20 the Department of Revenue of all such certifications 21 immediately. For tax years ending after December 31, 22 1988, the credit shall be allowed for the tax year in 23 which the property is placed in service, or, if the 24 amount of the credit exceeds the tax liability for that 25 year, whether it exceeds the original liability or the 26 liability as later amended, such excess may be carried 27 forward and applied to the tax liability of the 5 taxable 28 years following the excess credit years. The credit shall 29 be applied to the earliest year for which there is a 30 liability. If there is credit from more than one tax year 31 that is available to offset a liability, earlier credit 32 shall be applied first. 33 (2) The term "qualified property" means property 34 which: -5- LRB9002376DNmb 1 (A) is tangible, whether new or used, 2 including buildings and structural components of 3 buildings and signs that are real property, but not 4 including land or improvements to real property that 5 are not a structural component of a building such as 6 landscaping, sewer lines, local access roads, 7 fencing, parking lots, and other appurtenances; 8 (B) is depreciable pursuant to Section 167 of 9 the Internal Revenue Code, except that "3-year 10 property" as defined in Section 168(c)(2)(A) of that 11 Code is not eligible for the credit provided by this 12 subsection (e); 13 (C) is acquired by purchase as defined in 14 Section 179(d) of the Internal Revenue Code; 15 (D) is used in Illinois by a taxpayer who is 16 primarily engaged in manufacturing, or in mining 17 coal or fluorite, or in retailing; and 18 (E) has not previously been used in Illinois 19 in such a manner and by such a person as would 20 qualify for the credit provided by this subsection 21 (e) or subsection (f). 22 (3) For purposes of this subsection (e), 23 "manufacturing" means the material staging and production 24 of tangible personal property by procedures commonly 25 regarded as manufacturing, processing, fabrication, or 26 assembling which changes some existing material into new 27 shapes, new qualities, or new combinations. For purposes 28 of this subsection (e) the term "mining" shall have the 29 same meaning as the term "mining" in Section 613(c) of 30 the Internal Revenue Code. For purposes of this 31 subsection (e), the term "retailing" means the sale of 32 tangible personal property or services rendered in 33 conjunction with the sale of tangible consumer goods or 34 commodities. -6- LRB9002376DNmb 1 (4) The basis of qualified property shall be the 2 basis used to compute the depreciation deduction for 3 federal income tax purposes. 4 (5) If the basis of the property for federal income 5 tax depreciation purposes is increased after it has been 6 placed in service in Illinois by the taxpayer, the amount 7 of such increase shall be deemed property placed in 8 service on the date of such increase in basis. 9 (6) The term "placed in service" shall have the 10 same meaning as under Section 46 of the Internal Revenue 11 Code. 12 (7) If during any taxable year, any property ceases 13 to be qualified property in the hands of the taxpayer 14 within 48 months after being placed in service, or the 15 situs of any qualified property is moved outside Illinois 16 within 48 months after being placed in service, the 17 Personal Property Tax Replacement Income Tax for such 18 taxable year shall be increased. Such increase shall be 19 determined by (i) recomputing the investment credit which 20 would have been allowed for the year in which credit for 21 such property was originally allowed by eliminating such 22 property from such computation and, (ii) subtracting such 23 recomputed credit from the amount of credit previously 24 allowed. For the purposes of this paragraph (7), a 25 reduction of the basis of qualified property resulting 26 from a redetermination of the purchase price shall be 27 deemed a disposition of qualified property to the extent 28 of such reduction. 29 (8) Unless the investment credit is extended by 30 law, the basis of qualified property shall not include 31 costs incurred after December 31, 2003, except for costs 32 incurred pursuant to a binding contract entered into on 33 or before December 31, 2003. 34 (f) Investment credit; Enterprise Zone. -7- LRB9002376DNmb 1 (1) A taxpayer shall be allowed a credit against 2 the tax imposed by subsections (a) and (b) of this 3 Section for investment in qualified property which is 4 placed in service in an Enterprise Zone created pursuant 5 to the Illinois Enterprise Zone Act. For partners and for 6 shareholders of Subchapter S corporations, there shall be 7 allowed a credit under this subsection (f) to be 8 determined in accordance with the determination of income 9 and distributive share of income under Sections 702 and 10 704 and Subchapter S of the Internal Revenue Code. The 11 credit shall be .5% of the basis for such property. The 12 credit shall be available only in the taxable year in 13 which the property is placed in service in the Enterprise 14 Zone 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. 17 For tax years ending on or after December 31, 1985, the 18 credit shall be allowed for the tax year in which the 19 property is placed in service, or, if the amount of the 20 credit exceeds the tax liability for that year, whether 21 it exceeds the original liability or the liability as 22 later amended, such excess may be carried forward and 23 applied to the tax liability of the 5 taxable years 24 following the excess credit year. The credit shall be 25 applied to the earliest year for which there is a 26 liability. If there is credit from more than one tax year 27 that is available to offset a liability, the credit 28 accruing first in time shall be applied first. 29 (2) The term qualified property means property 30 which: 31 (A) is tangible, whether new or used, 32 including buildings and structural components of 33 buildings; 34 (B) is depreciable pursuant to Section 167 of -8- LRB9002376DNmb 1 the Internal Revenue Code, except that "3-year 2 property" as defined in Section 168(c)(2)(A) of that 3 Code is not eligible for the credit provided by this 4 subsection (f); 5 (C) is acquired by purchase as defined in 6 Section 179(d) of the Internal Revenue Code; 7 (D) is used in the Enterprise Zone by the 8 taxpayer; and 9 (E) has not been previously used in Illinois 10 in such a manner and by such a person as would 11 qualify for the credit provided by this subsection 12 (f) or subsection (e). 13 (3) The basis of qualified property shall be the 14 basis used to compute the depreciation deduction for 15 federal income tax purposes. 16 (4) If the basis of the property for federal income 17 tax depreciation purposes is increased after it has been 18 placed in service in the Enterprise Zone by the taxpayer, 19 the amount of such increase shall be deemed property 20 placed in service on the date of such increase in basis. 21 (5) The term "placed in service" shall have the 22 same meaning as under Section 46 of the Internal Revenue 23 Code. 24 (6) If during any taxable year, any property ceases 25 to be qualified property in the hands of the taxpayer 26 within 48 months after being placed in service, or the 27 situs of any qualified property is moved outside the 28 Enterprise Zone within 48 months after being placed in 29 service, the tax imposed under subsections (a) and (b) of 30 this Section for such taxable year shall be increased. 31 Such increase shall be determined by (i) recomputing the 32 investment credit which would have been allowed for the 33 year in which credit for such property was originally 34 allowed by eliminating such property from such -9- LRB9002376DNmb 1 computation, and (ii) subtracting such recomputed credit 2 from the amount of credit previously allowed. For the 3 purposes of this paragraph (6), a reduction of the basis 4 of qualified property resulting from a redetermination of 5 the purchase price shall be deemed a disposition of 6 qualified property to the extent of such reduction. 7 (g) Jobs Tax Credit; Enterprise Zone and Foreign 8 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 11 the Department of Commerce and Community Affairs 12 conducting a trade or business in a federally designated 13 Foreign Trade Zone or Sub-Zone shall be allowed a credit 14 against the tax imposed by subsections (a) and (b) of 15 this Section in the amount of $500 per eligible employee 16 hired to work in the zone during the taxable year. 17 (2) To qualify for the credit: 18 (A) the taxpayer must hire 5 or more eligible 19 employees to work in an enterprise zone or federally 20 designated Foreign Trade Zone or Sub-Zone during the 21 taxable year; 22 (B) the taxpayer's total employment within the 23 enterprise zone or federally designated Foreign 24 Trade Zone or Sub-Zone must increase by 5 or more 25 full-time employees beyond the total employed in 26 that zone at the end of the previous tax year for 27 which a jobs tax credit under this Section was 28 taken, or beyond the total employed by the taxpayer 29 as of December 31, 1985, whichever is later; and 30 (C) the eligible employees must be employed 31 180 consecutive days in order to be deemed hired for 32 purposes of this subsection. 33 (3) An "eligible employee" means an employee who 34 is: -10- LRB9002376DNmb 1 (A) Certified by the Department of Commerce 2 and Community Affairs as "eligible for services" 3 pursuant to regulations promulgated in accordance 4 with Title II of the Job Training Partnership Act, 5 Training Services for the Disadvantaged or Title III 6 of the Job Training Partnership Act, Employment and 7 Training Assistance for Dislocated Workers Program. 8 (B) Hired after the enterprise zone or 9 federally designated Foreign Trade Zone or Sub-Zone 10 was designated or the trade or business was located 11 in that zone, whichever is later. 12 (C) Employed in the enterprise zone or Foreign 13 Trade Zone or Sub-Zone. An employee is employed in 14 an enterprise zone or federally designated Foreign 15 Trade Zone or Sub-Zone if his services are rendered 16 there or it is the base of operations for the 17 services performed. 18 (D) A full-time employee working 30 or more 19 hours per week. 20 (4) For tax years ending on or after December 31, 21 1985 and prior to December 31, 1988, the credit shall be 22 allowed for the tax year in which the eligible employees 23 are hired. For tax years ending on or after December 31, 24 1988, the credit shall be allowed for the tax year 25 immediately following the tax year in which the eligible 26 employees are hired. If the amount of the credit exceeds 27 the tax liability for that year, whether it exceeds the 28 original liability or the liability as later amended, 29 such excess may be carried forward and applied to the tax 30 liability of the 5 taxable years following the excess 31 credit year. The credit shall be applied to the earliest 32 year for which there is a liability. If there is credit 33 from more than one tax year that is available to offset a 34 liability, earlier credit shall be applied first. -11- LRB9002376DNmb 1 (5) The Department of Revenue shall promulgate such 2 rules and regulations as may be deemed necessary to carry 3 out the purposes of this subsection (g). 4 (6) The credit shall be available for eligible 5 employees hired on or after January 1, 1986. 6 (h) Investment credit; High Impact Business. 7 (1) Subject to subsection (b) of Section 5.5 of the 8 Illinois Enterprise Zone Act, a taxpayer shall be allowed 9 a credit against the tax imposed by subsections (a) and 10 (b) of this Section for investment in qualified property 11 which is placed in service by a Department of Commerce 12 and Community Affairs designated High Impact Business. 13 The credit shall be .5% of the basis for such property. 14 The credit shall not be available until the minimum 15 investments in qualified property set forth in Section 16 5.5 of the Illinois Enterprise Zone Act have been 17 satisfied and shall not be allowed to the extent that it 18 would reduce a taxpayer's liability for the tax imposed 19 by subsections (a) and (b) of this Section to below zero. 20 The credit applicable to such minimum investments shall 21 be taken in the taxable year in which such minimum 22 investments have been completed. The credit for 23 additional investments beyond the minimum investment by a 24 designated high impact business shall be available only 25 in the taxable year in which the property is placed in 26 service and shall not be allowed to the extent that it 27 would reduce a taxpayer's liability for the tax imposed 28 by subsections (a) and (b) of this Section to below zero. 29 For tax years ending on or after December 31, 1987, the 30 credit shall be allowed for the tax year in which the 31 property is placed in service, or, if the amount of the 32 credit exceeds the tax liability for that year, whether 33 it exceeds the original liability or the liability as 34 later amended, such excess may be carried forward and -12- LRB9002376DNmb 1 applied to the tax liability of the 5 taxable years 2 following the excess credit year. The credit shall be 3 applied to the earliest year for which there is a 4 liability. If there is credit from more than one tax 5 year that is available to offset a liability, the credit 6 accruing first in time shall be applied first. 7 Changes made in this subdivision (h)(1) by Public 8 Act 88-670 restore changes made by Public Act 85-1182 and 9 reflect existing law. 10 (2) The term qualified property means property 11 which: 12 (A) is tangible, whether new or used, 13 including buildings and structural components of 14 buildings; 15 (B) is depreciable pursuant to Section 167 of 16 the Internal Revenue Code, except that "3-year 17 property" as defined in Section 168(c)(2)(A) of that 18 Code is not eligible for the credit provided by this 19 subsection (h); 20 (C) is acquired by purchase as defined in 21 Section 179(d) of the Internal Revenue Code; and 22 (D) is not eligible for the Enterprise Zone 23 Investment Credit provided by subsection (f) of this 24 Section. 25 (3) The basis of qualified property shall be the 26 basis used to compute the depreciation deduction for 27 federal income tax purposes. 28 (4) If the basis of the property for federal income 29 tax depreciation purposes is increased after it has been 30 placed in service in a federally designated Foreign Trade 31 Zone or Sub-Zone located in Illinois by the taxpayer, the 32 amount of such increase shall be deemed property placed 33 in service on the date of such increase in basis. 34 (5) The term "placed in service" shall have the -13- LRB9002376DNmb 1 same meaning as under Section 46 of the Internal Revenue 2 Code. 3 (6) If during any taxable year ending on or before 4 December 31, 1996, any property ceases to be qualified 5 property in the hands of the taxpayer within 48 months 6 after being placed in service, or the situs of any 7 qualified property is moved outside Illinois within 48 8 months after being placed in service, the tax imposed 9 under subsections (a) and (b) of this Section for such 10 taxable year shall be increased. Such increase shall be 11 determined by (i) recomputing the investment credit which 12 would have been allowed for the year in which credit for 13 such property was originally allowed by eliminating such 14 property from such computation, and (ii) subtracting such 15 recomputed credit from the amount of credit previously 16 allowed. For the purposes of this paragraph (6), a 17 reduction of the basis of qualified property resulting 18 from a redetermination of the purchase price shall be 19 deemed a disposition of qualified property to the extent 20 of such reduction. 21 (7) Beginning with tax years ending after December 22 31, 1996, if a taxpayer qualifies for the credit under 23 this subsection (h) and thereby is granted a tax 24 abatement and the taxpayer relocates its entire facility 25 in violation of the explicit terms and length of the 26 contract under Section 18-183 of the Property Tax Code, 27 the tax imposed under subsections (a) and (b) of this 28 Section shall be increased for the taxable year in which 29 the taxpayer relocated its facility by an amount equal to 30 the amount of credit received by the taxpayer under this 31 subsection (h). 32 (i) A credit shall be allowed against the tax imposed by 33 subsections (a) and (b) of this Section for the tax imposed 34 by subsections (c) and (d) of this Section. This credit -14- LRB9002376DNmb 1 shall be computed by multiplying the tax imposed by 2 subsections (c) and (d) of this Section by a fraction, the 3 numerator of which is base income allocable to Illinois and 4 the denominator of which is Illinois base income, and further 5 multiplying the product by the tax rate imposed by 6 subsections (a) and (b) of this Section. 7 Any credit earned on or after December 31, 1986 under 8 this subsection which is unused in the year the credit is 9 computed because it exceeds the tax liability imposed by 10 subsections (a) and (b) for that year (whether it exceeds the 11 original liability or the liability as later amended) may be 12 carried forward and applied to the tax liability imposed by 13 subsections (a) and (b) of the 5 taxable years following the 14 excess credit year. This credit shall be applied first to 15 the earliest year for which there is a liability. If there 16 is a credit under this subsection from more than one tax year 17 that is available to offset a liability the earliest credit 18 arising under this subsection shall be applied first. 19 If, during any taxable year ending on or after December 20 31, 1986, the tax imposed by subsections (c) and (d) of this 21 Section for which a taxpayer has claimed a credit under this 22 subsection (i) is reduced, the amount of credit for such tax 23 shall also be reduced. Such reduction shall be determined by 24 recomputing the credit to take into account the reduced tax 25 imposed by subsection (c) and (d). If any portion of the 26 reduced amount of credit has been carried to a different 27 taxable year, an amended return shall be filed for such 28 taxable year to reduce the amount of credit claimed. 29 (j) Training expense credit. Beginning with tax years 30 ending on or after December 31, 1986, a taxpayer shall be 31 allowed a credit against the tax imposed by subsection (a) 32 and (b) under this Section for all amounts paid or accrued, 33 on behalf of all persons employed by the taxpayer in Illinois 34 or Illinois residents employed outside of Illinois by a -15- LRB9002376DNmb 1 taxpayer, for educational or vocational training in 2 semi-technical or technical fields or semi-skilled or skilled 3 fields, which were deducted from gross income in the 4 computation of taxable income. The credit against the tax 5 imposed by subsections (a) and (b) shall be 1.6% of such 6 training expenses. For partners and for shareholders of 7 subchapter S corporations, there shall be allowed a credit 8 under this subsection (j) to be determined in accordance with 9 the determination of income and distributive share of income 10 under Sections 702 and 704 and subchapter S of the Internal 11 Revenue Code. 12 Any credit allowed under this subsection which is unused 13 in the year the credit is earned may be carried forward to 14 each of the 5 taxable years following the year for which the 15 credit is first computed until it is used. This credit shall 16 be applied first to the earliest year for which there is a 17 liability. If there is a credit under this subsection from 18 more than one tax year that is available to offset a 19 liability the earliest credit arising under this subsection 20 shall be applied first. 21 (k) Research and development credit. 22 Beginning with tax years ending after July 1, 1990, a 23 taxpayer shall be allowed a credit against the tax imposed by 24 subsections (a) and (b) of this Section for increasing 25 research activities in this State. The credit allowed 26 against the tax imposed by subsections (a) and (b) shall be 27 equal to 6 1/2% of the qualifying expenditures for increasing 28 research activities in this State. 29 For purposes of this subsection, "qualifying 30 expenditures" means the qualifying expenditures as defined 31 for the federal credit for increasing research activities 32 which would be allowable under Section 41 of the Internal 33 Revenue Code and which are conducted in this State, 34 "qualifying expenditures for increasing research activities -16- LRB9002376DNmb 1 in this State" means the excess of qualifying expenditures 2 for the taxable year in which incurred over qualifying 3 expenditures for the base period, "qualifying expenditures 4 for the base period" means the average of the qualifying 5 expenditures for each year in the base period, and "base 6 period" means the 3 taxable years immediately preceding the 7 taxable year for which the determination is being made. 8 Any credit in excess of the tax liability for the taxable 9 year may be carried forward. A taxpayer may elect to have the 10 unused credit shown on its final completed return carried 11 over as a credit against the tax liability for the following 12 5 taxable years or until it has been fully used, whichever 13 occurs first. 14 If an unused credit is carried forward to a given year 15 from 2 or more earlier years, that credit arising in the 16 earliest year will be applied first against the tax liability 17 for the given year. If a tax liability for the given year 18 still remains, the credit from the next earliest year will 19 then be applied, and so on, until all credits have been used 20 or no tax liability for the given year remains. Any 21 remaining unused credit or credits then will be carried 22 forward to the next following year in which a tax liability 23 is incurred, except that no credit can be carried forward to 24 a year which is more than 5 years after the year in which the 25 expense for which the credit is given was incurred. 26 Unless extended by law, the credit shall not include 27 costs incurred after December 31, 1999, except for costs 28 incurred pursuant to a binding contract entered into on or 29 before December 31, 1999. 30 (Source: P.A. 88-45; 88-89; 88-141; 88-547, eff. 6-30-94; 31 88-670, eff. 12-2-94; 89-235, eff. 8-4-95; 89-519, eff. 32 7-18-96; 89-591, eff. 8-1-96.)